White House

Reuters Completely and Willfully Ignores What “Recess Appointments” Are


In what appears to be the start of a recurring feature here at United Liberty, reporters David Ingram and Aruna Viswanatha at Reuters completely, totally, and I wonder if deliberately, mess up the entire situation around President Obama and his NLRB appointments, which were declared unconstitutional last week by the DC Circuit Court of Appeals. This is what they wrote:

While President Barack Obama considers his next move in one high-stakes legal fight to fill vacant jobs, his lawyers expect to go to court at least twice more to argue for his power to appoint when the U.S. Senate is not meeting.

Federal appeals courts in both Philadelphia and Richmond, Virginia, are likely to hear the issue of recess appointments in March, possibly during the same week.

The hearings will be an opportunity for Obama’s lawyers to rebound after a blockbuster ruling on Friday, when a court in Washington, D.C., held that three recess appointments to the National Labor Relations Board (NLRB) were invalid.

Although the three-judge ruling on Friday upturned 190 years of understanding about how a president may fill vacant jobs, it will not take effect immediately.

Except there is one major, major flaw with their story: The United States Senate was in session.

That means that these were not true recess appointments; since the Senate was in session, Obama had no authority to just appoint these officers, they had to be confirmed by the Senate.

Rand Paul seeks to stop Obama’s executive orders

Rand Paul

Earlier this week, Sen. Rand Paul (R-KY), son of former Rep. Ron Paul (R-TX), slammed over the measures President Barack Obama planned to take in what the White House claimed was an effort to curb violence.

During the interview with the Christian Broadcasting Network, Sen. Paul explained, “I’m against having a king,” adding that a president who creates law by executive fiat is runs counter to the government formed by the Founding Fathers. “I think having a monarch is what we fought the American Revolution over and someone who wants to bypass the Constitution, bypass Congress — that’s someone who wants to act like a king or a monarch.”

Sen. Paul warned that the White House would have a fight on his hands if he signed any executive orders that bypassed Congress. On Thursday, the day after President Obama’s press conference where he announced that he would sign 23 executive orders dealing with guns, Sen. Paul announced that he would introduce legislation to protect the Second Amendment from executive fiat:

As published by Talking Points Memo, here are his intentions in what he calls the “Separation of Powers Restoration and Second Amendment Protection Act.”

Paul says his legislation will declare that “Any executive order by President Obama infringing on the Second Amendment rights of all Americans would be declared null and void” and “would prohibit federal funds to implement President Obama’s executive orders impacting the 2nd Amendment.”

Obama makes an astoundingly unrealistic “fiscal cliff” proposal

You mad, bro?

Yesterday afternoon, details came out of a proposal that the White House had made to House Republicans over the so-called “fiscal cliff.” In the proposal, President Obama asked for $1.6 trillion in tax hikes. As you might imagine, that was far too high a price:

The White House is seeking $1.6 trillion in tax increases up front, as well as $50 billion in additional stimulus spending, as part of any “fiscal cliff” deal, Republican aides said Thursday as talks aimed at averting the economy-rattling cliff turned testy.

President Barack Obama also wants a permanent increase in the federal debt ceiling, a one-year expansion of jobless benefits and an extension of the payroll tax credit, these aides said.

The latest proposals were presented by Treasury Secretary Timothy Geithner, who visited Capitol Hill Thursday to discuss the fiscal cliff with leaders of both parties.

After Geithner’s visit, Republican House Speaker John Boehner publicly lambasted the Obama administration, saying “the White House has to get serious.”

Some spending cuts were included in the proposal, about $400 billion over 10 years — ranging from farm subsidies to postal service costs. However, the White House wants an additional $50 billion for infrastructure spending.

None of this is going to happen; nor should it happen. House Speaker John Boehner, as well as some other Republicans in both chambers, have already signaled a willingness to bend on tax revenues, a prospect met with dismay and derision amongst conservatives and libertarians (myself included).

Obama Lags House Republicans on Data Transparency

Written by Jim Harper, Director of Information Policy Studies at the Cato Institute. Posted with permission from Cato @ Liberty.

For the last two years, we have been working on the question of data transparency. In a paper last fall called Publication Practices for Transparent Government, we examined what it takes to foster transparency. And we started informally grading the quality of data put out by Congress and the administration. First, it was legislative data, which, as I reported here, needs improvement. (Also see our Capitol Hill briefing.) Then it was budget, appropriations, and spending data. In that area, “needs improvement” is an understatement. (And another Capitol Hill briefing.)

Benghazi Attack Fallout: Hillary vs the White House

Political junkies have long known that the relationship between the White House and Sec of State Hillary Clinton is far from great. I am actually surprised she’s held on this long— considering the vicious exchanges they both had (along with Bill) during the 2008 campaign.

Maybe all is forgiven in politics? Not really. Last year, the Hillary-Obama relationship reached a boiling point over the invasion of Libya. The Sec of State— who was pushing for military action— was not pleased with Obama’s lack of resolution on the issue:

Obviously, she’s not happy with dealing with a president who can’t decide if today is Tuesday or Wednesday, who can’t make his mind up…She’s exhausted, tired.

Fast forward to the Benghazi embassy attacks— where Ambassador Chris Stevens was killed— and we can again see the tension boiling.

White House analyst warned against Solyndra loan


Don’t look now, but the Solyndra scandal is coming back up in the media. The now-defunct, politically-connected green energy company was given a sweetheart $500+ million loan from the Obama Administration back in 2009. By August 2011, Solyndra had filed for bankruptcy, leaving taxpayers on the hook for millions.

Supporters of heavily subsidized green energy projects downplayed cronyism, which runs rampant in the Obama Administration. But new e-mails show that a White House analyst warned that giving taxpayer money Solyndra would be a big mistake (emphasis mine):

As the Obama administration moved last year to bail out Solyndra, the embattled flagship of the president’s initiative to promote alternative energy, a White House budget analyst calculated that millions of taxpayer dollars might be saved by cutting the government’s losses, shuttering the company immediately and selling its assets, according to a congressional investigation.

Even so, senior officials in the White House’s Office of Management and Budget did not discourage the Energy Department from proceeding with its plan to restructure a federal loan to Solyndra — a move that put private investors ahead of taxpayers for repayment if the company closed, the investigation by Republicans on the House Energy and Commerce Committee found.

“Whither the ‘Challenge and Question Authority’ Liberals?”

That’s the title of an opinion piece I wrote for The Daily Caller which you can read in its entirety here.

A selection:

…in the market for political representation, the powerful thrive on market failure. Economics teaches us that (near-) perfect information is a prerequisite for well functioning markets. Thus, in the market for political representation, the press plays the critical role of finding and relaying information to the public it otherwise would not have, of correcting an information asymmetry. When the press cannot (or does not) do its job, or when the government will not allow it to do so, the government enjoys surplus political capital (support, votes, power) at the expense of the governed.

It is deeply troubling that reporters have succumbed so far to this paradigm of failure that an incident like Friday’s [kerfuffle between The Daily Caller’s Neil Munro and President Obama] shocked the status quo such that a veteran Washington reporter found himself castigated openly by his colleagues.

I hope you’ll read the rest, and share with your friends!


Jay Carney lied to Americans about Keystone XL

As you know, the Obama Administration recently rejected the Keystone XL pipeline, a head-scratcher given that gas is expected to rise upwards of $4 a gallon in the coming months. It’s also odd given the dire need for jobs, and the pipeline would have certainly aided those efforts.

Oddly, however, White House Press Secretary Jay Carney said yesterday that his boss, President Barack Obama, wasn’t to blame for the rejection of the Keystone XL pipeline. According to the White House, congressional Republicans are to blame:

The State of Our Union is Dire

Tonight President Obama will deliver his third State of the Union address, but something that happened yesterday illustrates the true state of our union far better than anything you’ll hear tonight. As we reported yesterday, Senator Rand Paul (R-Ky.) was detained by Transportation Security Administration (TSA) officials at the Nashville International Airport. Paul was detained by TSA officials after refusing an invasive full body pat-down following some kind of anomaly in the body scanner’s reading. Some might argue that there’s nothing to get worked up about here. After all, shouldn’t we expect senators to be treated like everyone else? But it is precisely because everyday citizens are subjected to these invasive procedures on a daily basis that Sen. Paul’s detention is so alarming. His high-profile detention by the TSA serves as a reminder that Americans are having their privacy violated every day on their way through the nation’s airports.

You probably won’t hear about Sen. Paul’s detention by the TSA in President Obama’s address tonight. You’re not likely to hear anything about it in the GOP response delivered by Governor Mitch Daniels (R-Ind.), nor even in the Tea Party response offered by businessman and former presidential candidate Herman Cain (R-Ga.). You probably won’t hear about the National Defense Authorization Act, the Stop Online Piracy Act, or any of the other manifold ways that Washington has undermined the Bill of Rights. But whether our politicians want to raise these issues or not, these are the issues that define the state of our union in the 21st century. And the state of our union is dire.

House passes NDAA, White House backs off veto threats

[UPDATE - 7:23pm] The United States Senate passed the NDAA this evening by a vote of 86 to 13. It will now head to President Obama’s desk for approval.

As noted yesterday, House and Senate conferees were moving the National Defense Authorization Act (NDAA) forward to the final action in both chambers with compromise legislation that kept in controversial language that would allow for the indefinite detention of American citizens and legal residents of the United States.

Unfortunately, the House of Representatives passed the NDAA overwhelmingly last night by a vote of 283 to 136. You can see how your representative and the members of your state’s delegation voted here. It now heads to the Senate for final passage.

For those of you that are just now catching up on this, the House basically voted last night to suspend the right to due process, the right to a trial by a jury of an accuser’s peers, and the right to habeas corpus. And now that the so-called “war on terror” has been expanded to include not only al-Qaeda but also the Taliban and other “associated forces.” Given the war on terrorism has become an open-ended war with civil liberties being offered by Congress on the alter of the “national security,” this provision will be no doubt be abused; if not by this administration than the next.

It was also noted that the White House asked for the language, at least according to Sen. Carl Levin (D-MI). So it should come as no surprise that the White House has backed off veto threats of the NDAA:

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