14 July 2015

Here's why the Planned Parenthood baby body parts scandal could be a federal crime


Here's what federal law says about selling fetal tissue
42 U.S. Code § 289g–2 - Prohibitions regarding human fetal tissue
(a) Purchase of tissue: It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human fetal tissue for valuable consideration if the transfer affects interstate commerce. 
(e)(3) The term “valuable consideration” does not include reasonable payments associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue.

Here's what California law says about selling fetal tissue
125320.  (a) A person may not knowingly, for valuable consideration, purchase or sell embryonic or cadaveric fetal tissue for research purposes pursuant to this chapter.
   (b) For purposes of this section, "valuable consideration" does
not include reasonable payment for the removal, processing, disposal, preservation, quality control, storage, transplantation, or
implantation of a part.

In other words, clinics can legally sell aborted fetal tissue at a legally-controlled rate.  The idea is to encourage tissue research without creating a profit incentive.

But it's a state crime to sell it for a price above what it costs a clinic to store, keep and ship it.

And it's a federal crime to do that when the tissue is sold across state line or "affects interstate commerce."

Here's what Planned Parenthood said.

On how Planned Parenthood clinics charge researchers for tissue:
Planned Parenthood: "And if they can do a little better than break even, and do so in a way that seems reasonable, they’re happy to do that....Every penny they save is a just pennies they give to another patient. To provide a service the patient wouldn’t get."
Buyer: "Because of the losses in that area."
PP:  "Exactly."
On sourcing fetal issue across state lines:
PP: "So, I don’t know your, what you’re thinking as far as range. If you’re thinking about just California, if you’re thinking about just the West Coast, if you’re thinking about bigger regions...."
Buyer: "...for example, StemExpress, they cater to researchers across the country but they’re sourcing material from just Northern California."
Planned Parenthood: "Exactly."
Here's why Planned Parenthood should call their criminal defense attorney 

If Planned Parenthood is charging "beyond break even," to use their own words, that may be a state crime.

And if Planned Parenthood sells  "beyond break even," to use their own words, across "the West Coast," to use their own words, that may be a federal crime.

08 July 2015

Time's up


Probe uncovers widespread illegal activity by Obama EPA


"Republican lawmakers are demanding a former top Environmental Protection Agency official’s texts and emails that could point to collusion with environmental activist group," The Daily Caller reports.

"Documents show that in 2011, then-EPA Associate Administrator for Policy Michael Goo seemingly used his private e-mail account to routinely communicate with outside groups attempting to influence agency policy," House Science Committee chairman Rep. Lamar Smith wrote in a letter to EPA Administrator Gina McCarthy.

"News reports have shown Goo, who now works for the Department of Energy, has close ties with environmental activists. He communicated with activists using a private email account and set up meetings outside EPA property to prevent them from being public record," The Daily Caller reports.

The messages would indicate the nation's wealthiest environmentalist groups are illegally colluding with Obama officials.

"Another e-mail sent from the Sierra Club to Mr. Goo’s private e-mail account states, ‘[a]ttached is a memo I didn’t want to send in public,'" Smith writes. "Mr. Goo was complicit in the lack of transparency by complying with the Sierra Club’s request because he failed to disclose the e-mail for two years"

This major environmentalist claim is a total lie

Everyone from Barack Obama to that patchloui-drenched hippie at Whole Foods loves to claim "97 percent of scientists agree that man-made climate change is real."

One problem.

It's a total lie.

Ross McKitrick, a professor of economics at the University of Guelph, explains the scam:

The most highly-cited paper supposedly found 97 per cent of published scientific studies support man-made global warming. But in addition to poor survey methodology, that tabulation is often misrepresented. Most papers (66 per cent) actually took no position. Of the remaining 34 per cent, 33 per cent supported at least a weak human contribution to global warming. So divide 33 by 34 and you get 97 per cent, but this is unremarkable since the 33 per cent includes many papers that critique key elements of the IPCC position.

Two recent surveys shed more light on what atmospheric scientists actually think. Bear in mind that on a topic as complex as climate change, a survey is hardly a reliable guide to scientific truth, but if you want to know how many people agree with your view, a survey is the only way to find out.

In 2012 the American Meteorological Society (AMS) surveyed its 7,000 members, receiving 1,862 responses. Of those, only 52 per cent said they think global warming over the 20th century has happened and is mostly manmade (the IPCC position). The remaining 48 per cent either think it happened but natural causes explain at least half of it, or it didn’t happen, or they don’t know. Furthermore, 53 per cent agree that there is conflict among AMS members on the question.

So no sign of a 97 per cent consensus. Not only do about half reject the IPCC conclusion, more than half acknowledge that their profession is split on the issue.

So that "97 percent"  "consensus" is actually a 50/50 split.  

And with the government spending millions researching the conspiract theory, many of the scientists who think man-made climate change wouldn't have a job if they said otherwise.

There are also other scientific questions in play.

* Are global temperatures rising, falling, or staying the same?
* If global temperatures are rising, how much of that is due to the fact we're still emerging from an Ice Age?
* Considering current global temperatures are lower than the average seen over 4 billion years, what is the Earth's "correct temperature," and are we below it?
* If temperatures are rising, is human activity contributing anything whatsoever to it considering the Earth itself produces exponentally more CO2 than humans ever could?
* Would dimishing U.S. CO2 outputs have any effect whatsoever?

The science is anything but settled.

New Obama rule bans most outdoor grills

Under orders from the president, the EPA has decided to wage war against summer staples such as backyard cookouts and Fourth of July fireworks shows," writes Drew Johnson in The Washington Times.

"Absurdly low ground-level ozone standards are the latest – and likely the most expensive and oppressive – regulations the EPA has proposed adding to its already mountainous list of rules and directives suffocating the American economy.

"Because the proposed ozone standards are set so low, things as harmless as several barbeque grills cooking at the same time in the same area, or even a festive fireworks being launched during an Independence Day celebration, could tip an area already on the brink of surpassing federal ozone thresholds over the edge and into “nonattainment.”

"In an attempt to steer clear of punishment, local lawmakers are likely to respond to the new EPA rules by enacting municipal grilling bans and cancelling fireworks shows from coast-to-coast."

Environmentalists sue to stop Independence Day


When a small band of environmentalists sued to stop a major California city from celebrating Independence Day, the increasingly radical environmentalist movement managed to perfectly crystallize its agenda.

In 2010, 2011 and 2014, a California environmentalist group sued San Diego and two community charities, demanding fireworks be banned from Independence Day celebrations.  The suits claim 20 minutes of aerial fireworks will destroy La Jolla Cove and all life in it.

Even stupider, this tactic successfully shut down San Diego’s 2010 New Year’s Day fireworks celebration.  Of the four lawsuits, environmentalists successfully banned fireworks in three. 

That’s right. No spleen-splitters. No honkey lighters. No hoosker doos. No hoosker don’ts. No cherry bombs. No nipsy daisers (with or without the scooter stick). Not one single whistlin’ kitty chaser.

Just snakes and sparklers.

If they’re feeling generous.

The environmentalists also walked away with $250,000.00 in cash.

Yes, environmentalists actually believe a small fireworks shows can destroy the planet, and they will sue you and take your money if you express disagreement.

But the real issue here is bigger than a small fireworks show.

You see, environmentalists don’t hate fireworks.

What they despise with a poisonous rage is the concept they celebrate – that government’s power is limited and may be exercised only with the consent of the governed.

While they sue to stop a celebration of the Declaration of Independence, their comrades in Washington are battling to eradicate the concept of government that the Declaration of Independence so eloquently defends.

Stymied on Capitol Hill by popular opposition to boondoggles like last year’s cap-and-tax bill, the Obama administration is increasingly using the unchecked power of regulatory agencies to write and enforce federal dictates, going around Congress to impose the most radical, expensive and job-killing of environmentalist schemes.

Obama is in open defiance of a core tenet of the Declaration of Independence — its statement that government must derive its “just powers from the consent of the governed.”

And Americans have good reason to refuse to give their consent to Obama’s destructive environmentalist agenda.

In all, job creators spent $1.75 trillion to comply with federal regulations in 2008. That’s $15,000 per family just to follow rules that are often written by career political activists in Washington. Since businesses earn revenue from consumers, that $1.75 trillion comes directly from the pocket of cash-strapped consumers.

The costly onslaught of radical rule by regulatory declaration is coming down even harder under Barack Obama’s aggressive environmentalist agenda, as many utility customers, for example, are now finding out.

“Utility giant American Electric Power said Thursday that it will shut down five coal-fired power plants and spend billions of dollars to comply with a series of pending Environmental Protection Agency regulations,” The Hill reported yesterday. “The company’s dramatic plan to comply with the regulations could give Republicans and moderate Democrats ammunition in their ongoing fight against EPA’s efforts to impose new regulations aimed at limiting greenhouse gas emissions …

“The company, one of the country’s largest electric utilities, estimated that it will cost between $6 billion and $8 billion in capital investments over the next decade to comply with the regulations in their current form … The costs of complying with the regulations will result in an increase in electricity prices of 10 to 35 percent and cost 600 jobs, AEP said.”

That’s a 35 percent higher utility bill, essentially a massive federal energy tax, invented and levied on consumers with no vote or even consideration by Congress.

Fully aware that the rule was so fanatical that Congress would reject it, the Obama administration ordered its EPA bureaucrats to impose it instead.

This begs a serious constitutional question: Why are laws no longer made by lawmakers?

That’s what Sen. Rand Paul is asking. His REINS Act (S. 226) requires any proposed federal regulation with an economic impact greater than $100 million to be considered and approved by both chambers of Congress as a resolution and then signed by the president before it can take effect.

In other words, America’s government must derive it powers from the consent of the governed.

Environmentalists may sue to outlaws fireworks, but the thought of letting Americans have a say in laws and regulations affecting them is sending greens into orbit.

That’s why BetterEconomy.org, a grassroots-supported citizens’ group advocating rational energy and environmental policy, is making a recorded vote of the Senate and House on the REINS Act a top legislative priority.

Citizens have a right to have a say in the passage of laws and regulations through their accountable lawmakers, as well as to know whether their elected representative is one of those environmentalist lawmakers opposing that founding principle.

So, who is fighting to block a recorded vote on the REINS Act and deny Americans something as fundamentally proper as their right to have a voice in their government?

The same sorts of people who are suing to shut down celebrations of the document that states that government must draw its “just powers from the consent of the governed.”

Backed by the Obama administration, Public Citizen (which opposed the Senate’s cap-and-tax bill because it didn’t make family electric bills high enough to stop the use of electricity) is one of the leftist special interest groups now on the warpath against Sen. Paul’s REINS Act and groups like BetterEconomy.org.

The group says that allowing lawmakers to make laws, rather than unelected D.C bureaucrats, “would replace a process based on expertise, rationality and openness with one characterized by political maneuvering, economic clout and secrecy.”

No word on whether the members of the group warmed up and stretched before engaging in the logical backflips it takes to describe the closed-door meetings of unelected bureaucrats as “openness” while claiming the public debate and vote of accountable lawmakers before C-SPAN cameras is “secrecy.”

America’s founding belief that the only proper form of government is one that serves with the consent of the governed is a threat to environmentalists’ unpopular and far-out agenda. Not only are they suing to stop our celebration of that declaration, they are waging an aggressive war to expand the power of regulatory agencies and relegate representative government to the history books.

Don’t let them snuff out our freedoms, or our celebration of them. As environmentalism continues to impose heavy costs on the pocketbooks and freedoms of Americans, Sen. Paul’s REINS Act is a simple and common sense move to restore our founding principles.

Donny Ferguson is President of BetterEconomy.org, the nation's most effective grassroots-powered opponent of the radical environmentalist lobby.  This column originally appeared in The Daily Caller on July 1, 2011.  It has been updated to reflect recent developments.

Conservative group’s Global Warming Hot Sauce piques environmentalist scandals


Mann-Made Global Warming Hot Sauce available at BetterEconomy.org for just $9.95

“Man-made global warming may be a money-making fraud, but with Mann-Made Global Warming Hot Sauce the flavor is real.”

BUY IT HERE

WASHINGTON -- A conservative advocacy group is letting Americans create fake warming at home with a new line of “Mann-Made Global Warming Hot Sauce.”

“Whether you’re in the kitchen or promoting the environmentalist agenda we’ve all been in a situation where you told people something would be hot, but it’s not,” says Americans for a Better Economy President Donny Ferguson.  It doesn’t matter if you’re cooking dinner or the books, because Mann-Made Global Warming Hot Sauce lets you become a climate researcher in your own kitchen. Hide the decline of flavor and instantly create the appearance of warming where none exists.”
“It’s available at BetterEconomy.org for just $9.95.  Now you can annoy a liberal while livening up a meal!,” said Ferguson. 

“At least we’re honest enough to admit we’re making money by manipulating something to make it seem hotter,” said Ferguson. “Man-made global warming may be a money-making fraud, but with Mann-Made Global Warming Hot Sauce the flavor is real.  Just don’t use tax dollars.”

Mann-Made Global Warming Hot Sauce is available at BetterEconomy.org for $9.95 a bottle and comes in five flavors: Climategate Cayenne, Carbon Tax Chipotle, Redistributionist Red Savina, Hide The Decline Habanero and Hockey Stick Jalapeno.

“Environmentalists are being paid millions of tax dollars by left-wing politicians to falsify research and fake data,” said Ferguson.  “If your research backs up the fact there is no man-made global warming, politicians cut off the research funds and you lose your job.   Politicians paid for this research and dictate what the results must be, so they can use it to agitate for massive tax hikes and schemes to increase their own power.”

The product references several scandals in which scientists paid with tax dollars to prove man-made global warming exists were caught manipulating data to create the appearance of rising temperatures.  Among them is the University of Virginia and Penn State University researcher Michael Mann, who exploited what researchers called “a trick” to “hide the decline” of global temperatures.

Unlike most scientists, Mann refuses to disclose how he conducts his research and has sued citizens who asked him to explain why he was manipulating data.

Democrat official ordered armed paramilitary raids on homes of Scott Walker supporters

Acting on orders from a Democrat district attorney, officers held a 16-year-old boy at gunpoint and told him he was not allowed to speak to an attorney. On another raid they made a woman dress in front of them. They made another woman wake her children so they could hold the family at gunpoint.
Their crimes?

They said nice things about a Republican.

ISIS isn't the only totalitarian cult that like attacking museums.

Liberals have no organized a mob outside a Detroit museum, demanding they rip down an exhibit Kid Rock paid for because several years ago he once used a Confederate flag in a concert.

This is no way addresses racism, and liberals know this does nothing to address racism.

Liberals love organizing mobs and threatening people because like any totalitarian belief, liberalism requires you to live in perpetual fear of its power, which reaches into every detail of your life and will strike anywhere, anytime, over even the smallest issue.

30 April 2015

How MLB is whistling past the graveyard on speed of the game



Trying to speed up baseball games is ridiculous. In 2014, the average MLB game lasted three hours and two minutes, a length sportswriters claim kills fan interest.
But games in the NFL, the most popular and profitable sports league in America, last an average of three hours and twelve minutes. That's ten minutes longer than a MLB game.
Of that time, the ball was in play for only 11 minutes. Almost twice as much time, 17 minutes, was spent showing replays.
Of the remaining time, 75 minutes is spent showing players standing around. Commercials take up the rest, a full hour, of the average NFL broadcast. That's six times more time watching commercials than actual game play.
So clearly the problem with baseball isn't the length of games or pace of play, two measures in which they beat the NFL.

03 September 2014

Bullock's incompetence, corruption may have handed US Senate to GOP and ended the Obama agenda

Who is Montana's Democrat Governor Steve Bullock?

Other than being hideously corrupt, he's the man who may have singlehandledly killed the rest of Obama's presidency and kept the U.S. Supreme Court conservative for another 30 years.

Right now polls indicate if Republicans take the Senate, it will be by one or two seats.

One the seats almost certain to flip from Democrat to Republican is in Montana, which has been held by Democrats for 100 years.

How does a seat go from being held by Democrats for 100 years to, according to political statistician Nate Silver, being a 99% lock to go Republican?

When Senator Max Baucus became U.S. Ambassador to China, Bullock had no shortage of safe Democrat picks to fill the seat.

Instead, he appointed his Lieutenant Governor, John Walsh, despite a raft of past scandals including an Army Inspector General report admonishing Walsh for improper behavior, and employees testifying Walsh ordered them to give state contracts to the highest bidder.

Predictably, one of those scandals popped up.  Walsh was caught having had plagiarized his college thesis.

Bullock's appointee to the Senate had to drop out of the race for his own seat.

But Bullock had a chance to redeem himself and back a replacement candidate who could run a competitive race against Steve Daines, and possibly even win.

Instead, he put his weight behind a one-term state representative who had never faced an actual race, or background check.

Amanda Curtis turned out to be a member of a radical socialist group that openly supports cop killers and vows to "overthrow capitalism."  She also recorded videos where she mocks Christians and talks about how she wants to physically assault people for having different political views.

Montana's U.S Senate seat has been held by Democrats for 100 years.  And Steve Bullock fumbled it away to Republicans.  Twice.

If Republicans take the U.S. Senate by one seat, it means none of Obama's proposals will reach his desk and, more importantly, any nominee to any Supreme Court vacancy will not be the liberal activist he wanted.

If that happens, send Montana's bumbling, corrupt Governor Steve Bullock flowers.  His incompetence and gross disregard for ethics may have brought an early end to the Obama agenda.

22 January 2014

Washington Post story tries to pass off Democrat Party leader as a wavering Republican voter

How sleazy is The Washington Post? 

Very.

In a story printed today trying to cast Virginia Democrat Jennifer Wexton's 53% showing in a 60% Democrat state senate district as a victory against the Tea Party, the women they quoted, and tried to deceptively cast as pro-Wexton Republican, is actually a Democrat.

Not just any Democrat, Kathy Shupe was a delegate to the Democrat National Convention and an Obama for America team leader.

And she is even listed on Wexton's website as a Democrat leader who endorsed her (http://www.wextonforstatesenate.com/press-releases/democratic-leaders-endorse-wexton-saturday%E2%80%99s-primary)

The Washington Post left all that out to try and make it sound like she and her husband were Republicans.

What else should you expect from a newspaper that ran an utterly fake story about an eight-year-old heroin addict, and accepted a Pulitzer for their fraud?

You may read the story here: http://www.washingtonpost.com/local/virginia-politics/democrats-win-state-senate-seat-in-northern-virginia--and-perhaps-control-of-the-chamber/2014/01/21/6a0eecac-829a-11e3-8099-9181471f7aaf_story.html

UPDATE: Kathy Shupe regularly appears at Loudoun County Board of Supervisors meetings where she attacks Republicans and praises Democrat.  Also at those meetings?  The same reporter who wrote this story but omitted the fact Shupe is an active Democrat, while repeatedly claiming her husband is a disillusioned Republican.

21 December 2013

Henry F. Potter is cinema's greatest hero

Henry F. Potter is the hero of "It's A Wonderful Life."

And George Bailey is it's greatest villain.


See, George was handing out home loans to people who couldn't afford to pay them back.

Eventually that's going to catch up to Bailey Building and Loan, which will go under and require a taxpayer bailout.

George's home loans will be taken over by a responsible lender, who will foreclose on the past due mortgages.

That means Bailey Park becomes a depopulated slum, bankrupting Bedford Falls as the town is saddled with hundreds of abandoned properties that aren't generating property tax revenue.

George's naivete created the same dangerous housing bubble in Bedford Falls that wrecked the U.S. economy in 2008.

Mr. Potter, however, only made loans on reasonable terms and to people who could pay, keeping Bedford Falls afloat.

While Pottersville had bars and nightclubs, it also had a stable residential base allowing it to maintain infrastructure and a police force much like Las Vegas.

George, on the other hand, turned Bedford Falls into Detroit.

Which is better-run and a safer place to live, Las Vegas or Detroit?


George's subprime mortgage bubble will also bankrupt Sam Wainwright when the Building and Loan can't repay Sam the money he loaned George keep it afloat.

Sam loaned George $25,000.00, the equivalent of $420,000.00 today. Sam's doing well, but he doesn't have the likes of $420,000.00 just sitting in his checking account.

Sam had to take out that kind of money against his business.

And if Sam Wainwright's business fails because of George's irresponsibility everyone at that soybean factory loses their job, setting off a new round of bankruptcies and foreclosures in Rochester.

George Bailey is an economic leper, infecting all who do business with him.

Henry F. Potter is the only thing keeping Bedford Falls, and apparently much of New York state, out of the mouth of hell.

Henry F. Potter is cinema's greatest hero.

27 October 2013

Loudoun County Democrats cover a black candidate's face with white paint






Usually vandals paint over the candidate's name.  This time Loudoun Democrats targeted a black candidate's face for a literal whitewash.

#ObamaCare Contractor: I couldn't even create a HealthCare.gov account

How Cuccinelli blew his advantage in the #VaGov race

Thoughts?

By Norman Leahy and Paul Goldman

Last month, we wrote that Ken Cuccinelli II’s campaign to become Virginia’s next governor needed to raise its game or face certain defeat. Has it done so? Unequivocally, no.

Cuccinelli’s strategists and consultants have doggedly followed a baffling strategy.


Even the best campaigns can lose. But an inept campaign guarantees a loss for an underdog, and Cuccinelli (R) has been the underdog since July. The attorney general’s defenders will undoubtedly refute our analysis, claiming instead that bad luck and strong headwinds have hobbled the GOP effort in Virginia. In our view, his problems went much deeper. 

Read the article at http://www.washingtonpost.com/opinions/how-ken-cuccinelli-blew-his-advantage-in-the-virginia-governors-race/2013/10/25/16d1a9ce-3a80-11e3-b6a9-da62c264f40e_story.html

Five Phony Public Health Scares

Five Phony Public Health Scares

Health activists, nutrition nannies, medical paternalists, and just plain old quacks regularly conjure up menaces that are supposedly damaging the health of Americans. Their scares range from the decades-long campaign against fluoridation to worries that saccharin causes cancer to the ongoing hysteria over crop biotechnology. The campaigners' usual "solution" is to demand that regulators ban the offending substance or practice. Here are five especially egregious examples of activist misinformation.

My (Failed) Attempt To Apply for Obamacare

My (Failed) Attempt To Apply for Obamacare

Lene Johansen experiences government-run health care.

UK Government raids 3D-printed 'gun factory'

UK Government Announces Raid on 3D-Printed Gun Factory, Uses Parts of the Printer as Evidence

Police in the UK city of Manchester have seized a 3D printer and what they have alleged to be 3D-printed gun parts, during a raid on alleged criminal gangs. However, as an eagle-eyed reader has noted, the parts shown off by police are actually spare parts for a 3D printer....

First #Bitcoin ATM to Go Live Next Week in Vancouver

First Bitcoin ATM to Go Live Next Week in Vancouver

Built by a Nevada company called Robocoin, the machine will trade bitcoins for cash and vice versa. Bitcoin is the world’s most popular digital currency, and it exists only on the internet, but it can be traded for traditional dollars and euros. Though bitcoin began as niche technology embraced mostly by internet geeks, it is gradually spreading not only to everyday people, but into the everyday world.

Obamacare's Great Medicaid Expansion Swindle

Obamacare's Great Medicaid Expansion Swindle

This is bad news. Medicaid, the nation’s health care program for low-income citizens and those with certain disabilities, is expensive. States are not required to participate in the program, but all do, though eligibility requirements differ from state to state. In 2011, states devoted nearly 24 percent (PDF) of total spending to Medicaid—the single largest state expense—despite the fact that there’s little evidence that it actually improves the health outcomes of its beneficiaries.

You got that? One of the major tenets of Obamacare is to expand an existing program that is both hugely expensive and massively ineffective.

You Can Keep Your Health Insurance Under Obamacare? Not So Much.

You Can Keep Your Health Insurance Under Obamacare? Not So Much.

President Obama (in)famously said, "If you like your health care plan, you can keep your health care plan" under the Affordable Care Act. As it turns out, not so much. Hundreds of thousands of Americans, it turns out, are receiving letters telling them that their existing coverage just isn't good enough to satisfy the strict rquirements of the Obamacare law, and that they'll have to sign up for new policies. Those new policies come with new stipulations, and new price tags. Which is to say, it doesn't matter if you like your health care plan, since you probably can't keep it.

You Still Can't Keep (or Afford) Your Insurance Under Obamacare

You Still Can't Keep (or Afford) Your Insurance Under Obamacare

Supreme Court agrees to hear gun case on 'straw purchases'

WASHINGTON --  The U.S. Supreme Court announced Oct. 15 it will hear an important case supported by Congressman Steve Stockman (R-TX 36) involving the right of Americans to keep and bear arms — Abramski v. United States.  The case challenges the Bureau of Alcohol, Tobacco, Firearms and Explosives’s (ATF) “straw purchase” policyAs consistent with federal law.      

“I am grateful that the Supreme Court will review this important case.  I felt this case was so important, that I joined with Gun Owners of America and other pro-Second Amendment groups to file an amicus curiae brief urging the Court to grant review,” said Stockman.

“ATF’s policy on so-called ‘straw purchases’ is illegal.  No one should be convicted and made into a felon for buying and transferring a gun legally.  Congress never passed a law prohibiting such purchases, and the ATF has no authority to create new crimes to plug what it perceives to be holes in the law.  This case gives the Court the opportunity to rein in a lawless ATF which has repeatedly exhibited hostility to law-abiding gunowners.”

“It is incomprehensible that ATF and the Justice Department wasted federal government resources prosecuting legal gun buyers for nothing more than simple technicalities on government forms while at the same time they helped in sending thousands of firearms to Mexican cartels.  This rogue agency must be reined in,” said Stockman

Mr. Abramski is a former police officer.  His elderly uncle wanted to obtain a firearm for self-defense.  Mr. Abramski made the purchase at a local gun dealer in Virginia who offered discounts to former police officers.  Mr. Abramski passed a federal background check at the gun store in Virginia and then brought the handgun to another gun store in Pennsylvania, where the gun was transferred to his uncle, who also passed a federal background check.

Neither Abramski nor his uncle was prohibited from possessing the firearm.  Before making his purchase Abramski asked three federally-licensed dealers how he should go about obtaining a firearm for his uncle. All three agreed the sale was legal.

Nevertheless, because Abramski bought the gun from a federally-licensed dealer, he had to fill out an form stating that he was the “actual buyer” of the firearm.  The ATF claimed that Abramski’s uncle was the “actual buyer” and Abramski had made a false statement in filling out the form.  Abramski was eventually convicted of a felony.

Federal law does not prohibit one eligible person from buying a gun for another eligible person.  It is perfectly legal to buy a gun for an eligible gunowner.  The law only prohibits transfers to ineligible people.  Neither Abramski nor his uncle was ineligible.

The government charged Abramski with making a false statement on the ATF Form 4473, a form that ATF requires.  Had Abramski purchased the firearm from his uncle by private sale not involving an FFL, or made a gift of the gun, he could not have been charged.

Briefs in this case will be due in December 2013 and early next year, and a decision is not expected until the middle of next year.

-30-

White House ducks CNN’s attempts at “Keeping Them Honest” on #ObamaCare

CNN Laments: “The administration won’t tell us how many people have signed up, and have changed their story in the process. At first the administration said it didn’t know… Then we were told to ask someone else… A few days later, wait a month.”
 
The administration made a number of promises as it forced its health care law through Congress and onto the American people: your premiums will go down; if you like your current plan, you can keep it; and has since proclaimed everything was “working the way it is supposed to.” Yet, time and again, these promises have been broken. Premiums are skyrocketing, Americans across the country are losing coverage they currently have and enjoy, and healthcare.gov remains mired in significant “glitches” preventing folks from even browsing the website.

On Monday, Anderson Cooper’s hallmark “Keeping them Honest” segment featured “Obamacare Sign-Up Snafus.” But answers were hard to come by. A CNN correspondent explained “the failed rollout was not a surprise to anyone involved with it.” In an effort to “keep them honest,” CNN “requested an interview today with the White House to ask one question, ‘If the administration knew there would be so many glitches, why did the administration plan ahead with the roll out?’”

Unfortunately they “were told nobody was available to answer that and we are still waiting to find out when the point person for all of this, Kathleen Sebelius, will be able to talk to us. We’re still waiting.”

 The Energy and Commerce Committee has many of the same questions as CNN, and committee leaders recently sent several letters to both the administration and the lead IT contractors involved with implementation requesting enrollment figures and answers regarding the “glitches” that have defined the past two weeks.

“Despite our warnings that the law was not ready for prime time, the administration repeatedly brushed us off, proclaiming everything was ‘on track,’” said Chairman Fred Upton (R-MI). “The first two weeks of enrollment have been a nightmare, and we now know despite over three years to prepare, the administration was in over its head. After hundreds of millions of dollars spent on a shoddy website and numerous broken promises, the American people deserve answers, and we are going to get to the bottom of this mess in the coming weeks.”


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