Skip to content


May 29, 2013


An IRS Scandal Inseparable from Obamacare

The IRS attempts to save Obamacare by unilaterally declaring that it will disregard the law.

Thanks to ubiquitous if imperfectly honest press coverage, most Americans know about the IRS scandal involving tax-exempt applications from various Tea Party groups. The public is still, however, getting the mushroom treatment on two other outrages by that rogue agency. The media have devoted scant coverage to its theft of 60 million medical records, now the subject of a class action lawsuit, and they have been all but silent regarding the illegal IRS scheme to fund Obamacare’s federal insurance exchanges.

As scary as is the medical record theft, which I wrote about here last week, the more important of these two additional scandals involves IRS skullduggery relating to the exchanges. A year ago, the IRS finalized a regulatory ruling to the effect that it will issue tax credits through Obamacare’s federal insurance exchangesy is that such a big deal? Well, the IRS has been granted no legal authority, by the Affordable Care Act (PPACA) or any other act of Congress, to issue such credits. In fact, the ruling flouts the explicit language of Obamacare.

PPACA stipulates that all such assistance must emanate from state-run exchanges. Even if the federal government sets up an exchange in a state that has declined to do so, it wouldn’t be authorized to issue tax credits. And because 27 states have refused to set up exchanges, this restriction will cripple Obamacare. Without the ability to dole out tax credits and subsidies in more than half of the states, the Beltway bureaucrats attempting to implement the much-despised “reform” law will be hamstrung.

The IRS is attempting to save Obamacare by unilaterally declaring that it will issue tax credits through all exchanges, federal and state alike. Immediately upon the promulgation of this rule, a number of experts on the health care law pointed out that it was illegal. In a paper for Health Matrix, Jonathan Adler and Michael Cannon wrote, “The plain text of the Act only authorizes premium-assistance tax credits … for those who purchase plans on state-run Exchanges.”

Adler and Cannon go on to spell out the breathtaking scope of this IRS plan to offer tax credits through all exchanges: “[T]he IRS is attempting to create two entitlements not authorized by Congress.” Michael Gerson, one of the few who have addressed this in the MSM, puts it thus: “The IRS seized the authority to spend about $800 billion over 10 years on benefits that were not authorized by Congress.” In other words, the IRS has arrogated “The Power of the Purse,” a right reserved to Congress by the Constitution.

This is obviously an unprecedented and dangerous power grab. And it gets worse. Adler and Cannon also point out that the arbitrary IRS rule will allow it “to tax employers whom Congress did not authorize the agency to tax.” Just as PPACA stipulates that tax credits can only be issued through state-run exchanges, it also says that employer mandates can only originate from these entities. Therefore, the IRS isn’t legally authorized to fine noncompliant businesses in a state that has refused to set up an exchange.

Yet it clearly intends to do so. As it did with the tax-exempt applications of conservative groups and the confidential medical records of millions of U.S. citizens, the IRS plans to simply disregard the law. Because of the harm this feature of the rule will inflict on many businesses, it has generated several lawsuits. The most promising of these was filed last month in the U.S. District Court for the District of Columbia by a group of small businesses challenging the rule as an extralegal expansion of Obamacare.

According to Michael Carvin, one of the attorneys representing the group, “The IRS rule we are challenging is at war with [PPACA’s] plain language and completely rewrites the deal that Congress made with the states on running these insurance exchanges.” Another of the group’s lawyers put the rule in context thus: “ObamaCare is already an incredibly massive program. For the IRS to expand it even more, without congressional authorization and in a manner aimed at undercutting state choice, is flagrantly illegal.”

It will come as no surprise that this illegal expansion of Obamacare involved at least one of the IRS officials at the center of the Tea Party scandal. According to United Liberty’s Brian Gilmore, the regulation has short-lived Commissioner Steven Miller’s “fingerprints all over it.” Indeed, Gilmore reports that it was Miller who approved it: “Page 30400 of the Federal Register states you-know-who as having approved the regulation: ‘Steven T. Miller, [then] Deputy Commissioner for Services and Enforcement. Approved: May 16, 2012.’”

Interestingly, that was two weeks after Miller was informed that “applications for tax-exempt status by tea party groups were … singled out for extra scrutiny.” And yet we are told by the hot shot “reporters” of the establishment media that the metastasizing IRS scandals have nothing to do with Obamacare. In reality, the IRS scandals and the crime against democracy known as the “Affordable Care Act” are symptoms of a single disease, merely the two most obvious pustules of an administration scabrous with corruption.

As long as the voters allow this sick regime to stay in office, we can expect it to use the IRS and any other handy bureaucracy to target its political enemies and to issue illegal decrees. They have little respect for the law and less for the voters. There is only one cure for this disease: Obama, his congressional accomplices, and the enabling media must be replaced by people with at least a passing familiarity with ethics and integrity.

A few comments by ATB:

Call your Congressmen …Let them know… (that YOU know) they are obligated to stand up to these usurpation of powers by the Federal government now….

This is a must read…if left to stand …it is the Trojan Horse that destroys this nation…the Gestapho IRS has usurped the power of the purse and of Congress…

Read the above thoroughly and you’ll understand the arrogance of the IRS officials who testified before Congress…they understand completely what Congress doesn’t …they’ve made Congress completely irrelevant …the IRS has usurped their every power.

Once it was determined that the American people hated Obamacare and didn´t want it, this corrupt Administration went into action fitting its various Agencies with non-existent powers to do that which Congress won´t.

“[T]he IRS is attempting to create two entitlements not authorized by Congress.”

Once again, Obama is doing an end-run around Congress, knowing full well that Congress won´t get his agenda passed for him. So Obama creates powers he hopes no one will examine.

This is seminal to our liberty and freedom. Every news outlet, including talk radio, should let Americans know that this President doesn´t have the power to do half the things he is doing.

THAT is the real scandal here; enabling his Agencies to do that which the various ACTS don´t


Obama will continue throwing fastballs — from multiple fields..

….overwhelming and diluting any message the opposition might have…

Everything is on the line and he and his communist cabal are all in for 2014. America will cease to exist if they win.

Did you just get your email from the White House? Subject: Faith? …Letting you know how our caring and
decent president is helping those in OK …and today helping in NJ?…and how you too can join him …as he’s there to “steer you in the right direction”

He dares us to oppose him…as his jackals are ready to pounce:


A filibuster dare? Obama reportedly plans three simultaneous nominations to DC Circuit

By Debra Cassens Weiss

President Obama is reportedly planning a bold move after winning approval for Srikanth “Sri” Srinivasan for a spot on the influential U.S. Court of Appeals for the District of Columbia Circuit.

In a “more aggressive” strategy, Obama plans to nominate three people simultaneously to the federal appeals court, the New York Timesreports. “He will effectively be daring Republicans to find specific ground to filibuster all the nominees,” the story says. An announcement could come this week.

With Srinivasan’s confirmation, the court currently has four judges who are Democratic appointees and four who are Republican appointees. However, five out of six senior judges are Republican appointees, giving the court “a strongly conservative flavor,” the Times says.

Some names that have surfaced as possible nominees include Georgetown law professor Cornelia Pillard, who formerly worked for the American Civil Liberties Union and the NAACP Legal Defense and Education Fund; consumer and investor lawyer David Frederick, who worked for five years in the Solicitor General’s office; and appellate lawyerPatricia Ann Millett of Akin Gump, who worked for a decade in the Solicitor General’s office.

Democrats plan to schedule several confirmation votes on federal court nominees this summer, which could bring attention to the filibuster issue if votes are blocked. Some Democrats hope the publicity could lead to a rule change that would prevent filibusters of judicial nominees, the story says.


  1. July 7, 2013 2:59 am

    As Venezuela and Nicaragua offer lifeline to whistleblower, experts say US actions are strengthening his case for safe haven

    Attempts by the US to close down intelligence whistleblower Edward Snowden’s asylum options are strengthening his case to seek a safe harbour outside of Russia, legal experts claim.

    Snowden, who is believed to be in the transit area of Moscow’s Sheremetyevo airport, has received provisional offers of asylum from Nicaragua and Venezuela, and last night Bolivia also offered him sanctuary. He has applied to at least six other countries, says the Wikileaks organisation providing legal support.

    Michael Bochenek, director of law and policy at Amnesty International, said the American government’s actions were bolstering Snowden’s case. He said claims that the US had sought to reroute the plane of Bolivia’s president, Evo Morales, amid reports that the fugitive former analyst for the National Security Agency was on board, and suggestions that vice-president Joe Biden had phoned the Ecuadorean leader, Rafael Correa, to block asylum for Snowden, carried serious implications.

    “Interfering with the right to seek asylum is a serious problem in international law,” Bochenek said. “It is further evidence that he [Snowden] has a well-founded fear of persecution. This will be relevant to any state when considering an application. International law says that somebody who fears persecution should not be returned to that country.”

    Venezuela’s extradition treaties with the US contain clauses that allow it to reject requests if it believes they are politically motivated. The country’s president, Nicolas Maduro, has praised Snowden for being a “young man who told the truth” and has criticised European countries’ alleged role in the rerouting of Morales’s plane last week .

    “The European people have seen the cowardice and the weakness of their governments, which now look like colonies of the US,” he said on Friday.

    Spain said it had been warned that Snowden was on the Bolivian presidential plane, the first acknowledgement that the manhunt was linked to the plane’s diversion to Austria. Foreign minister José Manuel Garcia-Margallo said: “They told us that the information was clear, that he was inside.” He did not say who “they” were or whether he had been in contact with the US.

    Speaking from Buenos Aires, Bochenek said the US actions were transforming the Snowden affair into a global saga. “In PR terms, opinion here and elsewhere in Latin America has shifted precisely because of the appearance of interference with other governments’ decision-making processes,” he said.

    Bochenek said there was no reason why Snowden could not be granted asylum without setting foot in the country that had granted him refuge. The need to be present in the country where asylum is granted is a convention that can be ignored if nations see fit, he said.

    “It’s true that a lot of states have that as a rule in their own domestic requirements, but it is not required by international law,” he said.

    Neither did placing Snowden on an Interpol “red flag” list mean that states had to hand him over to the US. The procedure is an advisory measure that can be ignored, legal experts said.

    A decision to give Snowden refuge has political consequences for Maduro, and provides his critics with ammunition.

    Venezuela’s opposition leader, Henrique Capriles, has accused Maduro of using Snowden to distract voters from economic woes at home. “Nicolas, you can’t use asylum to cover up that you stole the election. That doesn’t give you legitimacy, nor make the people forget,” he said on Twitter.

    Nicaragua’s president, Daniel Ortega, said he was willing to offer asylum, “if circumstances allow it”, although he did not say what the circumstances would be. Venezuela, though, appears a more likely host.

    “Asylum for Snowden in Venezuela would be the best solution,” Alexei Pushkov, chairman of the international affairs committee of Russia’s lower house of parliament, said on Twitter. “That country is in a sharp conflict with the US.”

    However, there are no direct commercial flights between Moscow and Caracas, and the usual route involves changing planes in Havana.

    It is not clear whether the Cuban authorities would grant Snowden transit. However, Cuba has expressed sympathy for Snowden’s situation and accused the US of “trampling” on other states’ sovereignty.

    Meanwhile, spotting Snowden is becoming a popular game among people passing through Sheremetyevo airport.

    “I offered my kids $200 to get a picture of him,” said Simon Parry, a Briton who expressed sympathy for Snowden after spending a couple of hours in the airport.

    “The wireless internet is appalling, the prices are awful, and people never smile,” Parry said. “So I commend him for making it 24 hours, let alone two weeks. I might rather face trial.”

    © Guardian News and Media 2013

  2. July 7, 2013 3:14 am

    US request for extradition of Edward Snowden – full text

    A copy of the request sent to Venezuela to extradite the NSA whistleblower to the US should he arrive in the South American country.

  3. July 9, 2013 12:19 am

    Ah- those wild and crazy gremlins that got hold of my browser and wouldn’t let me access my own site… better known as “Add ons”…. well they were zapped last night… and good riddance! heh!

    Now wheres Eddie? We’ve been worried about you…

    Edward Snowden: US surveillance ‘not something I’m willing to live under’ (neither are we, Ed..)

    In second part of Glenn Greenwald interview, NSA whistleblower insists he is a patriot who regards the US as fundamentally good.. (The US is the only country in the world, when founded by our forefathers, was founded in the name of God.)

    Edward Snowden: ‘The US government will say I aided our enemies’

    Edward Snowden predicted more than a month ago while still in hiding in Hong Kong that the US government would seek to demonise him, telling the Guardian that he would be accused of aiding America’s enemies.

    In the second instalment of an interview carried out before he revealed himself as the NSA whistleblower, Snowden insisted that he was a patriot and that he regards the US as a fundamentally good country.

    But he said he had chosen to release the highly classified information because freedoms were being undermined by intelligence agency “excesses”.

    The interview was conducted on June 6 in a hotel room in Hong Kong. The first part of the interview was released on Sunday June 9, starting a media frenzy and intensifying US efforts to track him down.

    Snowden has since fled Hong Kong for Moscow, where he is reportedly marooned while resisting US attempts to extradite him to face charges under the Espionage Act.

    In the newly released interview excerpts, he predicted he would be portrayed not as a whistleblower but a spy.

    “I think they are going to say I have committed grave crimes, I have violated the Espionage Act. They are going to say I have aided our enemies in making them aware of these systems. But this argument can be made against anyone who reveals information that points out mass surveillance systems,” he said.

    Asked whether he had sought a career in the intelligence community specifically to become a mole and reveal secrets, Snowden, 30, said he had joined government service very young, first enlisting in the US army immediately after the invasion of Iraq out of a belief in “the goodness of what we were doing. I believed in the nobility of our intentions to free oppressed people overseas.”

    But his views shifted over the length of his career as he watched the news, which he saw as propaganda, not truth. “We were actually involved in misleading the public and misleading all the publics, not just the American public, in order to create certain mindset in the global consciousness and I was actually a victim of that.”

    He had not fallen out of love with America, only its government. “America is a fundamentally good country. We have good people with good values who want to do the right thing. But the structures of power that exist are working to their own ends to extend their capability at the expense of the freedom of all publics.”

    In the new excerpts, he explained his motivation for revealing the information. “I don’t want to live in a world where everything that I say, everything I do, everyone I talk to, every expression of creativity or love or friendship is recorded,” he said. “And that’s not something I’m willing to support, it’s not something I’m willing to build and it’s not something I’m willing to live under.”

    He also insisted he had continued with his job while waiting for political leaders to rein in what he decribed as “government excesses”.

    But, he said, “as I’ve watched I’ve seen that’s not occuring, and in fact we’re compounding the excesses of prior governments and making it worse and more invasive. And no one is really standing to stop it.”

    Snowden has been attacked by his critics for first going to Hong Kong, which is part of China, even though it enjoys freedoms not available on the mainland, and to Russia. He has been offered asylum in Venezuela, Bolivia and Nicaragua but faces the practical problem of how to get to any of these countries.

    The most recent poll, for the Huffington Post and YouGov, suggested a shift in support away for Snowden, with 38% saying they feel he did the wrong thing in leaking documents against 33% who felt he did the right thing. After the first interview, 35% said he did the wrong thing while 38% said he had done the right thing.

    The interview took place immediately after the Guardian published the first leak about a court order to Verizon ordering it to hand over US customers’ call records to the NSA.

    Snowden explained why he thought that story and the other subsequent leaks about the NSA and its partnership with the corporate sector had to be made public.

    “They are getting everyone’s calls, everyone’s call records and everyone’s internet traffic as well.”

    In reference to one surveillance system – Boundless Informant – that he said allowed the NSA to track data it was accumulating, he said: “The NSA lied about the existence of this tool to Congress and to specific congressmen in response to previous inquiries about their surveillance activities.”

    He was part of the internet generation that grew up on the understanding that it was free, he said. The partnership between the intelligence agencies and the corporate sector was a “dangerous collaboration”, especially for an organisation like the the NSA that has demonstrated time and again “it works to shield itself from oversight”.

  4. July 9, 2013 1:27 pm

    Snowden Mentioned ‘Direct Access’ In Interview With The Guardian

    Eric Lach

    Monday July 8, 2013

    Edward Snowden, the former National Security Agency contractor who leaked top secret agency documents to the media, said during an on-camera interview with The Guardian last month that the NSA’s PRISM program gives the government “direct access” to major technology companies’ systems.

    “We’ve got PRISM, which is a demonstration of how the U.S. government co-opts U.S. corporate power to its own ends,” Snowden said during a new portion of the interview, conducted on June 6, which The Guardian released on Monday. “Companies like Google, Facebook, Apple, Microsoft — they all get together with the NSA, and provide the NSA direct access to the back ends of all of the systems you use to communicate, to store data, to put things in the cloud, and even just to send birthday wishes, and keep a record of your life. And they give [the] NSA direct access that they don’t need to oversee, so they can’t be held liable for it.”

    Soon after NSA documents related to PRISM and descriptions of the program appeared in The Guardian and The Washington Post, Apple, Facebook, and Google explicitly denied giving the government “direct access” to company servers. In a blog post in June, The Guardian’s Glenn Greenwald said that the newspaper’s original article about PRISM “did not claim that the NSA document alleging direct collection from the servers was true; we reported – accurately – that the NSA document claims that the program allows direct collection from the companies’ servers.”

    Snowden did not mention “direct access” in the original portion of the video interview released last month, but when asked about what the phrase meant during a live chat on The Guardian’s website last month, he wrote that “[m]ore detail on how direct NSA’s accesses are is coming, but in general, the reality is this: if an NSA, FBI, CIA, DIA, etc analyst has access to query raw SIGINT databases, they can enter and get results for anything they want. Phone number, email, user id, cell phone handset id (IMEI), and so on – it’s all the same.”

  5. July 9, 2013 1:40 pm

    White House lobbies Venezuela, Nicaragua for Snowden’s return

    By Justin Sink – 07/08/13 01:52 PM ET

    White House press secretary Jay Carney said Monday that the United States was lobbying countries that had offered asylum to Edward Snowden to return the National Security Agency leaker to the United States.

    “We have been having contact through diplomatic and law enforcement contacts with all the countries that might serve as transit points or final destination points,” Carney said.


    American authorities preemptively filed an extradition request with the country ahead of Snowden’s potential travels, but Venezuelan President Nicolás Maduro said the request had already been rejected.

    House Intelligence Committee Chairman Mike Rogers (R-Mich.) told CNN on Sunday he “absolutely” believed Snowden would receive the necessary paperwork to leave Russia, and said the White House should use “every legal avenue we have” to prevent his escape.

    Rogers also said the U.S. should reexamine trade agreements with the three nations “to send a very clear message that we won’t put up with this kind of behavior.”

    Read more:


    reading the cmments along the way, the naysayers who want to convince readers Snowden is not credible- I say, then whats the big whoop? Why is the WH so intent on silencing him capturing him and having him imprisoned?.. Where there is smoke there is fire… on both sides the WH and Snowden… note to Ed: release more information asap.. you need to be kept as a top headline for the public to understand how derelict and disgracful our politicians are who have taken an oath to protect our Constitution. Sing it Eddie…

  6. July 10, 2013 3:33 pm

    Snowden Asylum Bid Leaves a Quandary on Getting There

    Fugitive U.S. security contractor Edward Snowden has an offer of political asylum from Venezuela – – if only he can get there.

    The hard part for Snowden will be finding a route to freedom from Sheremetyevo International Airport in Moscow, where he arrived on June 23. The U.S. has pressured allies to deny airspace rights for any plane carrying the fugitive, who faces espionage charges for revealing classified American telephone and Internet surveillance initiatives.
    Enlarge image Snowden Asylum Bid Leaves Quandary on How to Get to Destination

    Protesters march towards the U.S. embassy to burn an effigy of U.S. President Barack Obama and a coffin with flags of Spain, Portugal, France and Italy, a week after Bolivian President Evo Morales’s plane was forced to make an unscheduled stopover in Vienna, in La Paz on July 8, 2013. Photographer: Jorge Bernal/AFP/Getty Images

    “It’s one thing to grant him asylum,” said Diego Moya-Ocampos, a Latin America analyst at IHS Global Insight in London. “It’s a very different thing to make that effective.”

    Before disclosing the top-secret National Security Agency programs, Snowden fled to Hong Kong, which spurned a U.S. extradition request and let him travel to Moscow. Russian President Vladimir Putin’s administration has urged Snowden to leave as soon as possible, and leaders of Venezuela, Bolivia and Nicaragua have indicated they’d be willing to take him in.

    President Barack Obama has ruled out trying to intercept Snowden’s plane and force it down. “I’m not going to be scrambling jets” to go after a “hacker,” Obama said at a June 27 news conference in Dakar, Senegal.

    The U.S. is openly lobbying other nations not to let the former employee of government contractor Booz Allen Hamilton Holding Corp. (BAH) escape.

    “I don’t think there’s any secret that we would like to see him returned,” State Department spokeswoman Jen Psaki said during a news conference July 8. “We’ve communicated that publicly and privately to any area where he may be stopping in transit, any area where he could possibly end up.”
    Havana Flight

    Snowden’s most likely commercial route to Latin America would be a regularly scheduled flight on Moscow-based OAO Aeroflot from that city to Havana. Some reporters in Moscow have taken that flight on a so-far mistaken bet he’d be on it.

    Cuba would probably let Snowden travel to a Latin American ally that shares its antipathy toward U.S. policy, according to Daniel Sachs, a Central America analyst at Control Risks, which advises investors of security risks.

    On the way to Cuba, though, “you’re going to have to go through someone’s airspace,” Sachs said.

    The flight from Moscow to Havana cuts across Europe, where U.S. allies already have shown their determination to help catch Snowden.

    Bolivia’s President Evo Morales had to make an unplanned landing in Vienna to refuel after departing Moscow last week. Morales said Spain, France, Portugal and Italy all denied his plane permission to fly through their airspace on July 2 amid suspicions that Snowden was on board. He wasn’t.
    Private Jet

    The alternative to the Aeroflot flight to Havana would be a private jet provided by a Latin American government or a wealthy Snowden supporter. Even then, avoiding a route over U.S. allies wouldn’t be easy.

    Allen Thomson, a former Central Intelligence Agency analyst, outlined a theoretical route for Foreign Policy magazine: “Fly north to the Barents Sea, thence over to and through the Denmark Strait. Continue south, steering clear of Newfoundland until getting to the east of the Windward Islands. Fly through some convenient gap between islands and continue on to Caracas.”

    Thomson pegged the distance of such a trip at 11,000 kilometers, or about 6,800 miles.

    A private jet such as a Gulfstream V would probably be able to make the trip without refueling, said John Silcott, executive vice president of Expert Aviation Consulting, which assists attorneys in aviation lawsuits.
    WikiLeaks Help

    WikiLeaks, the anti-secrecy group that has backed Snowden, had a chartered airplane on stand-by to carry him from Hong Kong to Moscow, although he ended up taking a regular Aeroflot flight. The organization, which is running short of cash, “currently” has no plans to fly Snowden out of Moscow, Olafur Vignir Sigurvinsson, an Iceland-based WikiLeaks representative, said by phone this week.

    Venezuela, already courting U.S. retaliation if it takes Snowden in, may not be willing to provide a flight as well, said Moya-Ocampos, the IHS risk analyst who served as chief secretary for that country’s attorney general in 2000.

    “Are they willing to have a private jet and arrange some secret route?” he said. “I’m not sure. The U.S. has already warned there will be consequences.”

    Chartering a long-range jet aircraft traveling from Moscow to Caracas would cost at least $134,490, according to an estimate on PrivateFly, a jet booking website.

    “It’s all about the money,” Silcott said. “If the price is right, I think he could probably find someone or some company to do it.”


    Interesting suggestions in the comment section from sympathisers all over the world


  1. Obama signs executive order to allow shut down of all US communications | Pumas Unleashed

Comments are closed.

%d bloggers like this: