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On Friday, Republicans Overseas Action, Inc. filed a 78-page Plaintiffs’ Motion for Leave to Amended Complaint against the Foreign Account Tax Compliance Act (FATCA), the intergovernmental agreements (IGAs), and the Report of Foreign Bank and Financial Accounts (FBAR) in the U.S. District Court for the Southern District of Ohio, on behalf of Senator Rand Paul and nine other co-plaintiffs.
The then plaintiffs include “U.S. citizens, former U.S. citizens, Republicans, and/or non-Republicans” who are willing “to defend 8.7 million overseas Americans and 12.6 million stateside “green card” holders in their fight against FATCA tyranny.”
“The U.S. Treasury, IRS, and U.S. Financial Crimes Enforcement Network (FCEN) are still named as Defendants in this amended verified complaint for declaratory and injunctive relief with eight-count of constitutional violations:
Count 1 – The IGAs are Unconstitutional Sole Executive Agreements Because They Exceed the Scope of the President’s Independent Constitutional Powers
Count 2 – The IGAs are Unconstitutional Sole Executive Agreements Because They Override FATCA
Count 3 – The Heightened Reporting Requirements for Foreign Financial Accounts Deny U.S. Citizens Living Abroad the Equal Protection of the Laws
Count 4 – The FATCA FFI Penalty is Unconstitutional under the Excessive Fines Clause
Count 5 – The FATCA Pass-through Penalty is Unconstitutional under the Excessive Fines Clause
Count 6 – The FBAR Willfulness Penalty is Unconstitutional under the Excessive Fines Clause
Count 7 – FATCA’s Information Reporting Requirements are Unconstitutional under the Fourth Amendment
Count 8 – The IGAs’ Information Reporting Requirements are Unconstitutional under the Fourth Amendment”
Now, the relevance.
“In 2010, Congress passed FATCA, which was enacted as a means to find foreign accounts of US taxpayers (such as a Swiss bank account). Overseas banks must also report to the IRS any bank accounts held by Americans; this has led to the unintended consequence of many banks choosing not to service expats because of the additional headache for the particular financial institution.
The FBAR applies to any U.S. person who owns, has beneficial interest or signature authority over foreign financial accounts that exceed $10,000 in the aggregate in value at any time during the year. If you have any foreign bank accounts, this also has to be disclosed on Part III of Schedule B, whether the FBAR is required to be filed or not. FinCEN 114 must be e-filed and cannot be mailed, with the absolute filing deadline on June 30, with no extension possible.”
As a practitioner both representing taxpayers on FATCA issues and speaking with other practitioners, we listen to the IRS gloating about the $10 billion they have raised for the federal coffers from FBAR & FATCA violators. But they never say how much is evaded tax versus how much is just outrageous penalty. Most people I speak to would be surprised (as I would be) if more than 5% ($500 million) of the $10 billion was actual tax. The ratio of penalty to evaded tax is ludicrous if not unconstitutional.
Further, I have seen no evidence of a cost-benefit analysis that includes taxpayer compliance costs (including FFI costs) in determining if the whole FBAR/FATCA regime is worthwhile. And these compliance costs MUST include the burden of Americans being “fired” by their foreign banks and investment advisors, and money (taxes and GDP) lost by the US from individuals being induced to give up their citizenship.
FATCA and FBAR are burdensome to our citizens living abroad. The actions of the ROA are certainly a step in the right direction.
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In recent years, President Obama has issued his Fall Unified Agenda right around Thanksgiving, as most of the country is preparing for the holiday season. This year was no different. This past Friday, the 2015 regulatory list was released.
According to Forbes, “the Fall 2015 Agenda reports on 3,297 rules and regulations at the ‘active,’ ‘completed’ and ‘long-term’ stages, many of them holdovers from earlier volumes. This is down from 3,415 last year.
Active (these include pre-rule, proposed and final): 2,244 (there were 2,321 last fall)
Completed: 554 (629 last fall)
Long-term: 500 (465 last fall)
TOTAL: 3,297 (3,415 last fall)
The Agenda appeared pretty much like clockwork every spring and fall, usually April and October, between 1983 and 2011. But recent releases seem timed to draw as little attention as possible, appearing often at holiday weekends:
Fall 2012: The Friday before Christmas (that Monday was Christmas Eve)
Fall 2013: The day before Thanksgiving
Fall 2014: The Friday before Thanksgiving
Fall 2015: The Friday before Thanksgiving
And more:
“The Fall 2015 Agenda reports on 218 ‘economically significant’ rules and regulations at the ‘active,’ ‘completed’ and ‘long-term’ stages. This is up from 200 at this point last year.
Active (pre-rule, proposed, final): 149 (131 last fall)
Completed: 36 (31 last fall)
Long-term: 33 (38 last fall)
TOTAL: 218 (200 last Fall)
The Fall Agenda includes environmental and energy regulations, such as rules for pesticides and coal; these new items come on the heels of other environmental rules earlier this year including smog, fracking, and carbon dioxide emissions. The American Action Forum calculated the financial impact of “regulation in 2015 to a whopping $183 billion — about half from final rules and the other from proposed rules.”
To view the Fall Unified Agenda, go here.
People go into business to do things and make things in this great country of ours — not to comply with government diktats. The unprecedented growth of bureaucratic regulations has been one of the key factors of our lackluster, anemic economic recovery.
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The Social Security Administration had record spending in fiscal year 2015, totaling $944,143,000,000. This total includes Social Security payments, disability payments, Supplemental Security Income payments, and the costs to administer these programs.
From CNSNews:
“As of September, there were 59,737,817 beneficiaries getting Social Security or disability benefits, according to the SSA. At the same time, according to the Bureau of Labor Statistics, there were 148,800,000 people who had either a full- or part-time job in the United States. That means there were only 2.49 people with jobs for each of the 59,737,817 Social Security and disability beneficiaries.
At the same time, there were only 121,839,000 people with full-time jobs in the United States in September, according to BLS. Those 121,839,000 full-time job holders equaled about 2.04 for each of the 59,737,817 people getting Social Security or disability benefits.
The $944,143,000,000 spent by the Social Security Administration in fiscal 2015 equaled about $6,345 for each of the 148,800,000 persons in the country with a job as of September. It equaled about $7,749 for each of the 121,839,000 people with a full-time job.
The $944,143,000,000 that the Social Security Administration spent in fiscal 2015 was also $381,637,000,000 (or about 68 percent) more than the $562,506,000,000 that the Treasury says the government spent on the Department of Defense and military programs during the year.”
The spending items include:
— $733,716,000,000 in benefits payments from the Old-Age and Survivors Insurance Trust Fund
— $3,505,000,000 in payments to cover administrative expenses for that fund
— $4,258,000,000 in payments to the Railroad Retirement Account
— $143,009,000,000 in disability benefit payments
— $2,881,000,000 in payments for administrative expenses for the disability trust fund
— $419,000,000 in additional payments to the Railroad Retirement Account.
— $58,901,000,000 for the Supplemental Security Income Program.
This was an increase of $33 Billion from fiscal year 2014. A quick analysis of the beneficiaries for the month of October included: “39,968,311 retired workers, 2,330,148 spouses of retired workers, 641,654 children of retired workers, 6,077,209 survivors of deceased workers, 8,922,858 disabled workers, 143,164 spouses of disabled workers, and 1,749,236 children of disabled workers.”
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The Bureau of Labor Statistics released its latest monthly report today. The October numbers women’s employment retreated just slightly from the record it set in September: 56,540,000 women over the age of 15 were unemployed.
Overall, 94,513,000 people in America were out of work during the month of October. This is the lowest it has been in 38 years; only 62.4% of Americans age 16 and above were either looking for work or working.
The Obama Administration still continues to tout the unemployment rate as being low — this month it was tabulated to be 5%. But the only reason it is low is because so many people HAVE given up working or even looking for work, which is accurately reflected in the labor participation rate. With fewer people being counted as “working,” the unemployment numbers calculated among a smaller pool of people makes the rate sound smaller.
But everyday Americans are not fooled by statistics.
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I have written numerous times in the past few months of the fiscal distress in Puerto Rico. I have discussed how Puerto Rico’s debt crisis is the result of years of government mismanagement, and a major key to getting Puerto Rico back on track is to reduce the size and scope of government.
Now, President Obama is calling on Congress to directly aid Puerto Rico, with a plan that is very near a bailout. I’m reprinting the NYTimes article in full below, so to keep the details about the plan intact. I will write my analysis in a separate article.
_______
“Looking for a way to help debt-ridden Puerto Rico, administration officials on Wednesday proposed an ambitious — if politically perilous — plan that stops short of a direct federal bailout but that its backers hope is sweeping enough to keep the island from becoming America’s Greece.
The plan would create a new territorial bankruptcy regime and impose new fiscal oversight on Puerto Rico, which is mired in the depths of a decade-long recession, running out of cash and struggling to make payments on $72 billion of debt. It represents an urgent bid by President Obama to offer a way forward. But it requires cooperation from a Republican-led Congress bent on imposing spending restraint.
In describing the package on Wednesday, administration officials emphasized that they had exhausted the limits of their own authority to help Puerto Rico, and needed quick action by Congress to avoid a catastrophe.
“Administrative actions cannot solve the crisis,” Jacob J. Lew, the Treasury secretary, said in a joint statement with Jeffrey D. Zients, the National Economic Council director, and Sylvia Mathews Burwell, the health and human services secretary.
“Only Congress has the authority to provide Puerto Rico with the necessary tools to address its near-term challenges and promote long-term growth,” the statement said.
The situation in Puerto Rico “risks turning into a humanitarian crisis as early as this winter,” one senior administration official said, speaking on condition of anonymity because the person was not authorized to speak publicly. Antonio Weiss, Mr. Lew’s counselor, will explain the administration’s plan in Capitol Hill testimony on Thursday.
The Puerto Rican government has already “done a lot” to restore fiscal order, the official added, but “Puerto Rico cannot do it on its own, and the United States government has a responsibility to 3.5 million Americans living in Puerto Rico” to step in with additional help.
The plan was shared late Wednesday with The New York Times and Agencia EFE, a news organization in Puerto Rico. On the same day, the island’s Government Development Bank said it had ended weeks of fruitless negotiations with certain creditors, aimed at persuading them to voluntarily accept lower bond payments. The bank has a bond payment of about $300 million coming due on Dec. 1.
Virtually all of the administration’s proposed plan would have to be refined and approved by Congress. It would create a special territorial bankruptcy regime — something that does not now exist — to give Puerto Rico a place to restructure all of its $72 billion in debt, which it says it cannot hope to repay.
The new regime could ultimately be a new chapter of the bankruptcy code, available only to Puerto Rico and other American territories. A senior administration official said the specifics would be left up to Congress.
In a nod to Republicans in Congress, who have resisted even limited bankruptcy access for Puerto Rico, the administration also proposes to establish an independent body to monitor the island’s fiscal affairs. Its role would be to improve Puerto Rico’s credibility by policing the imposition of structural economic reforms; it would also demand better financial disclosures.
Officials said the oversight body might resemble one that Congress established for the District of Columbia in the 1990s.
At the same time, the package would seek to bring Puerto Rico, where unemployment tops 12 percent and 46 percent of citizens qualify for Medicaid, the federal health program for the poor, into parity with the federal health programs and tax credits available in the states.
The proposal calls for a Medicaid overhaul in Puerto Rico that would expand coverage and access to important services in the short term, and eventually remove a cap that currently applies to the island’s Medicaid program. The effect would be more federal dollars for the Medicaid program in Puerto Rico. Administration officials also said they believed Puerto Rico’s health care facilities needed to be brought up to standards on the mainland.
The administration is also proposing to extend the earned-income tax credit, a refundable credit for the working poor that is payable even to people who earn too little to owe income tax. It is not currently available in Puerto Rico.
Officials said that extending that type of tax credit would help increase the labor participation rate on the island, now a paltry 40 percent, the lowest in the United States and its territories. A fact sheet compiled by the administration said it would provide an “added incentive for formal participation in Puerto Rico’s economy.”
The tax credit, invented by conservative economists, already enjoys some degree of bipartisan backing. Administration officials who detailed the proposal offered no estimate of the cost of extending it to Puerto Rico, nor did they have a cost projection for the Medicaid expansion.
The legislative proposal will be presented on Thursday to the Senate Committee on Energy and Natural Resources, which has jurisdiction over all of America’s territories. It is led by Senator Lisa Murkowski, Republican of Alaska, which was itself a territory until 1959, when it became the 49th state.
Puerto Rico is now barred from seeking any form of relief under Chapter 9, the type of bankruptcy that municipal governments use. The administration’s proposal for a territorial bankruptcy regime represents a bolder approach than the bankruptcy bills that Congress has considered since the island’s debt crisis began.
Federal law allows for cities, counties, special districts and the like to seek bankruptcy protection if their states agree, but the states themselves are excluded. There are concerns that if Puerto Rico gains access to bankruptcy, fiscally troubled states like Illinois might try to follow suit.
Puerto Rico’s creditors have been arguing that the island’s government has been portraying its financial situation as beyond repair, hoping to force the administration and Congress to give it access to Chapter 9 bankruptcy. The recent bankruptcies of distressed cities like Detroit showed them that bondholders can emerge with just pennies on the dollar, and they believe the same thing will happen if Puerto Rico is allowed to declare bankruptcy.
The legislation introduced so far would make bankruptcy relief available only to Puerto Rico’s municipalities and its government enterprises, not to the government itself. Even those limited bills have failed to gain support from Republican lawmakers.
There is some willingness, particularly among top Senate Republicans, to work out a compromise on the bankruptcy issue, according to a person briefed on the matter who was not authorized to speak publicly about it. But the Republican leadership appears willing only to grant Puerto Rico limited access to the bankruptcy courts and only with strings attached, like a federal “control board” to oversee the island’s finances.
Control boards have been used in cases of severe municipal distress to take the power to spend public money out of the hands of elected officials. They do not generally have the powers that bankruptcy judges do to abrogate contracts, such as labor contracts and promises to repay debt.
Both Democrats and Republicans are under pressure to respond to the Puerto Rico crisis. Largely because of the island’s economic problems, Puerto Ricans are flooding the mainland United States, particularly central Florida, and are becoming an increasingly important voting bloc in the 2016 presidential race.
In the hearing, Puerto Rico’s governor, Alejandro García Padilla, will offer his first congressional testimony since his announcement in June that Puerto Rico’s debt had become “unpayable” and he would seek a “negotiated moratorium” with its creditors. His most recent appearance was in 2013, when he accused advocates of statehood of skewing a 2011 plebiscite to make it appear that a majority wanted Puerto Rico to become a state.
“That is a great example of how you can lie with numbers,” he told the same Senate panel at the time.
Another scheduled witness is Pedro Pierluisi, Puerto Rico’s nonvoting member of Congress and the statehood advocate who designed the 2011 voting process that the governor disputed. Mr. Pierluisi introduced the House bill to to give very limited bankruptcy access to Puerto Rico. In September, he testified before the Senate Finance Committee, challenging the governor’s handling of the debt crisis and saying that general-obligation bonds “must be paid — period.” The third witness is to be Mr. Weiss, the special adviser to the Treasury Secretary.”
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The next open enrollment period for Obamacare begins in a few weeks. “Health and Human Services Secretary Sylvia Burwell announced Thursday that an expected 10 million Americans will be covered by late 2016 by health plans they bought on the federal and state insurance exchanges created under the law.”
This is a far cry from the CBO projections when Obamacare was passed. Last year, we saw lower revisions for enrollment from 13 million to a hopeful 9.1 million. Obamacare may have barely hit THAT target; the Washington Post reports that the number looks to be around “9.1 million Americans the administration believes will have ACA health plans by the end of this year.”
This is stunning news. To say that 10 million will be covered by 2016 means that the Obama Administration predicts a mere 1 MILLION enrollees this year. As the Washington Post reminds us, 10 million is “just half the most recent forecast by congressional budget analysts, who have long expected 2016 to usher in the biggest surge in enrollment.”
CBO forecasts had predicted 21 million enrollees in 2016, and 32 million by 2019. As expected, there are a litany of excuses for the abysmal numbers:
Still, substantive forces are at work behind the calculation. According to HHS estimates, about 10.5 million uninsured people are eligible to buy a health plan on the exchange, and they are proving more difficult to reach than those who bought coverage early on.
In addition, federal health officials point out that the dynamics of insurance coverage have not been playing out as analysts expected. Fewer employers have dropped health benefits for their workers, and fewer consumers have switched from older policies they purchased on their own. Both factors, HHS officials say, play into their projection of how many people are likely to gravitate to the exchanges.
HHS contended on Thursday that exchange enrollment, originally pegged to reach 24 million within several years, is not plateauing but is instead on “a much longer path towards equilibrium,” as a senior official said.”
What’s even less clear is how how this affects the budget projections and funding of Obamacare. An article last month in the Washington Times outlined how the enrollees for 2016 needed to double to stay solvent. On top of that, the penalty for not having insurance increases begins to increase sharply. The penalty during the first year was $95 or 1 percent of income above the filing threshold — a relatively minor bite. For tax year 2015, the penalty will be $325 or 2 percent of income, and for 2016 it will be $695 or 2.5 percent of income. Per person.
Remember when we were told that Obamacare would help millions to have insurance and also save Americans $2500/family? Me too.
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For minimum wage advocates, their position is clear: more money in the hands of the worker is better for the worker — a tangible result. Though their hearts may be in the right place, they lack the basic understanding of the invisible effects of minimum wage policies, especially when it pertains to the business side of the equation. What does the business grapple with? Here are three typical responses to a minimum wage hike.
1) By raising minimum wage, many people, especially the poorest among us, will either lose their job or not be able to get jobs at all moving forward. The cost of raising the minimum wage is just like the cost of raising a commodity. For instance, consider the scenario where the price of apples — a basic pantry item for most everybody — goes from $1.50/pound to $2.50/pound. Fewer people will buy the apples, or buy less of them overall. So it is also with a higher minimum wage; with more money going to basic business costs, fewer businesses will hire, or they will hire fewer people overall. An added effect is that the economy will likely contract because of the loss of jobs resulting from a wage hike.
2) Businesses earn less money. Employees are the number one cost for businesses. If even more of the earnings must go to the capital cost, the business earns less profit overall. For some minimum wage advocates, perhaps that is the actual goal — to keep businesses from earning too much at the top. But in reality, the loss of business capital (from both large corporations to small mom and pops) means there is less money for future business endeavors. Whether it is reinvested directly back into the business with equipment upgrades or growing the business through expansion, whatever the case may be, earning less money for the company creates a ripple effect. The less a company can earn, the less it can help grow the economy. Impeding its ability to do so, through the imposition of mandated wage increases, is harmful.
3) In order to offset the increased wage cost, a business can also choose to raise its prices. This will attempt to ensure that the company earns the same amount as before. But the effect of the price increase is negative. As prices increase, people are wont to adjust their purchasing habits and will end up buy less of the product. When consumption decreases, the health of the economy worsens.
Every one of these responses — cutting jobs, loss of business capital, and raising prices — are either bad for the employees or the economy as a whole. Though the minimum wage hikes sound good in theory, in reality, economies don’t exist in a vacuum. These types of policies hurt more than help.
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This is an point that I have been writing about for years: workers in the public sector makes more than their private sector counterparts, especially when benefits are factors into the compensation package.
Now, a new study by CATO affirms my supposition. CATO analyzed data from the US Bureau of Economic Analysis (BEA) and found that “that federal government workers earned an average of $84,153 in 2014, compared to the private sector’s average of $56,350.”
Even more incredibly, “when adding in benefits pay for federal workers, the difference becomes more dramatic. Federal employees made $119,934 in total compensation last year, while private sector workers earned $67,246, a difference of over $52,000, or 78 percent.”
Government wage increases vastly outpaced the public sector, and the number of government jobs have soared. For the federal government alone, there are 2.1 million workers, “costing over $260 billion in wages and benefits this year.”
It is interesting to ponder the secondary effects of this phenomenon. First, as the amount of government jobs increases, the amount of voters with government jobs increases. What voter is going to seriously vote to cut the size and scope of government when he is the direct beneficiary. Likewise as pay continues to grow, it becomes less likely that someone will vote to cut his or her own pay.
At some point, the number of voters with government pay and benefits will outnumber those without. When that happens, we’ve reached the tipping point with trying to reign in government spending.
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It was refreshing to read an Op-Ed about overregulation in the Washington Examiner today. Presidential candidate Jeb Bush is absolutely correct that the explosive expansion of regulations during Obama’s Administration has been a major factor in the tepid economic recovery. I enjoyed seeing a candidate speak to this issue. Below are his remarks in full:
“President Obama has presided over a massive expansion of the federal government during his six and half years in office. He shepherded Obamacare into law — a $1.7 trillion spending bill that vastly increased Washington’s role in the healthcare industry. He has raised taxes by nearly $2 trillion, while adding $8 trillion to the national debt. The president has also imposed more than 2,500 new regulations on the American economy that carry a staggering price tag of $670 billion.
It should come as no surprise then that our economy has limped along during the Obama presidency. The anemic two percent rate of growth on his watch is one of the weakest recoveries in American history and it has resulted in labor force participation falling to a 38-year low. Middle class families’ incomes have fallen by $2,000 and there are six million more people living in poverty today than when Barack Obama took the oath of office.
Right now, federal regulations cost our economy $1.9 trillion a year. This works out to an average of $15,000 per household. We need to cut excessive federal red tape and unleash the entrepreneurial spirit in our nation.
Obama-era regulations such as those in Dodd-Frank, Obamacare, and his War on Coal are having a chilling effect on our economy. As president of the United States, I will conduct a spring cleaning of existing regulations to get rid of the ones that are too costly or not providing value to the American people. I will establish a regulatory budget that ensures that for every new dollar of regulations we impose on the American people we cut a dollar of existing regulations somewhere else. I will appoint judges to the judiciary who are committed to reining in regulatory excesses and preventing unelected regulators from exceeding the intent of Congress.
Finally, I will sign into law the REINS Act, which will provide another check on executive agency regulatory authority. The REINS Act would ensure that major rules and regulations are approved by Congress before they can take effect.
Regulations act as a hidden tax on the American people. Reining in their cost is just as important as reducing taxes. When coupled with my bold plan to reduce tax rates and simplify our tax code, my regulatory reform agenda will help drive America to four percent annual growth. Together, these policies will result in the average family seeing their income increase by $3,000 and their tax burden decline by $2,000. This is a significant boost in a middle class family’s budget that will make it easier for them to pay the mortgage, buy groceries, save for college and build a nest egg for retirement.
I know how to do this, because as governor of Florida, I cut taxes every year, by $19 billion total. I streamlined regulations and made my state the national leader in small business creation. During the final seven years of my governorship, Florida led the nation in job creation. Our unemployment rate fell to 3.5 percent and we added 1.3 million new jobs. Over the course of my full two terms in office, Florida averaged 4.4 percent economic growth.
Secretary Hillary Clinton will double down on the massive expansion of taxes, debt and regulations we have seen under President Obama. I am offering the country a different vision that will empower entrepreneurs and American businesses to grow and provide better wages and benefits to the American people. I look forward to having the debate with Hillary Clinton and her allies on the defeatist Left about how best to unleash the entrepreneurial spirit in America and provide a boost to a middle class that hasn’t seen its wages rise in 15 years.”
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There was a short piece in the Wall Street Journal on July 7th in the “Notable and Quotable” section that should really be much more publicized. It documents how the FBI intentionally undermined the case against Senator Ted Stevens in 2008, thanks to a brave whistleblower.
The reason that this revelation is so incredulous is that the political aftermath of the case had long-lasting consequences on this nation, particularly through the passage of several controversial bills which may never have passed if the balance of power had not shifted in the Senate.
How did this happen? Prosecutors in the Department of Justice chose to indict Stevens on flimsy charges three months prior to the pivotal 2008 elections. Stevens himself pleaded not guilty and requested a swift trial in order to clear his name before the November elections:
“This case is about concealment,” the Department of Justice’s lead lawyer stated in her opening statement, claiming that the senator had concealed that he had not paid full value for renovations to his modest Alaska cabin. In fact, Ted Stevens and his wife had paid more than $160,000 for renovations that independent appraisers valued at less than $125,000 at the time.
But relying on false records and fueled by testimony from a richly rewarded “cooperating” witness that the senator was merely “covering his ass” when he wrote a note stating that his desire to comply with all Senate rules, government prosecutors convinced jurors to find the him guilty just eight days before the general election, which he lost by less than 2 percent of the vote. The cooperating witness, wealthy Alaska businessman Bill Allen, was testifying for his own freedom (he was guilty of unrelated crimes), that of his children (who received immunity from prosecution after the government apparently threatened them) and the ability to sell his company for hundreds of millions of dollars.”
The FBI failed to divulge that, during the initial interview with the contractor, he stated he was overpaid — then later changed his testimony to underpaid. Only because of a whistleblower did the knowledge come out that the FBI intentionally hid information that would have been damning to their case.
As a result of the FBI’s tactics, Ted Stevens was convicted of a crime. Stevens, at the time of his conviction, was the longest-serving Senate Republican in congressional history and the Senate at the time was evenly split. His defeat by a Democrat merely days after his conviction contributed to a multi-seat gain by the Democrats in the Senate.
The case was later invalidated and thrown out by another judge; however, the damage had been done. The loss of this seat changed the makeup of the Senate, meaning that a series of questionable Congressional decision were able to be passed at a later date. Now we have Dodd-Frank, we have Obamacare, and we have the worst recovery in the history of this country — all because the Department of Justice interfered with and ousted a sitting Senator that was perceived to be an impediment to “progress”.
Those at the FBI that withheld the evidence were punished, but not fired. But to add insult to injury, due to procedural error involving their disciplinary case, they “later had their review thrown out and punishment lifted. The board did not clear the attorneys of wrongdoing, it found that justice officials committed a “harmful procedural error that likely had a harmful effect on the outcome of the case before the agency,” according to the board’s 18-page decision.”
The Wall Street Journal had a fine summary of the whole sordid affair: “Did the government react in horror at having been caught with its hands in the cookie jar? Did Justice Department lawyers rend their garments and place ashes on their head to mourn this violation of their most fundamental duty of candor and fairness? No way, no how. Instead, the government argued strenuously that its ill-gotten conviction should stand because boys will be boys and the evidence wasn’t material to the case anyway. . . . Instead of contrition, what we have seen is Justice Department officials of the highest rank suffering torn glenoid labrums from furiously patting themselves on the back for having “done the right thing.”
The “right thing” in this case was removing a high ranking Republican Senator in order to help secure a Democrat majority and pave the way for transformative, unpalatable legislation to be passed in this country.
