Ethics

Federal bureaucrats, possibly the FDIC, will be given new "resolution authority" powers backed by a permanent $50 billion slush "resolution fund." If this new power is given to the FDIC, it would be the first time the FDIC's authority was extended beyond the banks that it directly insures. But more importantly, these provisions would establish a permanent TARP - the radioactively unpopular $700 billion Wall Street bail out slush fund.

While Democrats are trying to create the legislative text for President Obama's "new" health care proposal, Senate Democrats are also pushing to include student lending provisions in the reconciliation bill. What does student lending have to do with health care you might ask? Nothing. But the Senate routinely attaches seemingly unrelated matters to must-pass legislation.

That is what makes Majority Leader Harry Reid's (D-NV) refusal to honor Sen. Joe Lieberman's (I-CT) request to offer an amendment funding the D.C. Opportunity Scholarship Program (DCOSP) to the American Workers, State and Business Relief Act so transparently hypocritical.

As we pointed out last week, there is one not-so-minor difference between the Senate bill and the President's new proposal: the Senate bill actually exists. Now, Democrats may be telling their conservative counterparts that they will have reconciliation legislative text in front of the Budget Committee by tomorrow, but don't hold your breath.

Ed Whelan, a one-time clerk to Justice Antonin Scalia and now president of the Ethics and Public Policy Center, echoed those concerns.

“Liu believes that judges have the authority to impose their views … using clever verbal camouflage to disguise what they’re doing.”

Despite as many as 100 explosions which killed at least 38 people in Baghdad, Iraqis defied a desperate insurgency yesterday and turned out in strong numbers to choose a new Parliament. According to The New York Times, "turnout was higher than expected, and certainly higher than in the last parliamentary election in 2005. ... Sunnis who largely boycotted previous elections voted in force, and an intense competition for Shiite votes drove up participation in Baghdad and the south." The NYT went on to describe the election as "arguably the most open, most competitive election in the nation’s long history of colonial rule, dictatorship and war."

Bedell was not only a heavy marijuana user and had been busted for possession and growing the drug, but dedicated much of his life to glorifying the substance.

He had declared cannabis "to be one of the most useful plants known to humanity" and said that he looked forward to the day when "billions and billions of carefully cultivated, highly valuable cannabis plants [are] growing throughout the United States with complete security of property." He said he envisioned "the use of cannabis as a monetary system."

CBS News: U.S.-Born al Qaeda Arrest News Incorrect--Confusion Over Militant's Identity Sparked Reports of Gadahn Arrest; Some Media Say It is Another U.S.-Born Terrorist 

If out economy is losing fewer jobs this time, then why is our unemployment rate so much higher under President Obama's stewardship of the economy? The answer: job creation. Or actually the lack thereof. Back to the BLS data: through the first six quarters of the 2001 recession 47.6 million jobs were created, while only 40.3 million jobs have been created through the second quarter of 2009. That's a 7.9 million jobs gap.

There is one huge difference between the Senate bill and what the President kept referring to as my/our proposal: the Senate bill actually exists. For all the talk in Washington about Democrats in the Senate using reconciliation to pass a final version of Obamacare, one key fact has been overlooked: no reconciliation bill exists. Not in the House. Not in the Senate. Nowhere. It simply has not yet been written, and there are plenty of reasons to believe it never will.

Neil Abercrombie has finally stepped up to do something great for the American people—he resigned.  Rep. Mazie Hirono has pledged not to support the Senate version of Obamacare because it is not socialist enough for her taste.  So with your help, Hirono can stand strong in her rejection of Senate Obamacare (which is a huge giveaway to insurance companies) and Hawaii will produce a double win for freedom, justice and the American Way.

On March 5th of last year, firefighter Travis Ulerick, of Dublin, Indiana, introduced President Barack Obama at a White House summit on health care. Upon hearing the first rumblings of dissent about the President's plan, Ulerick tells USA Today he thought at the time: "I definitely think it's going to have to be a huge consensus."

While still fixated on race, national commentators are getting a little closer to understanding that the Akaka Bill will create a tribe which has nothing to do with representing Native Hawaiians.  Here are the latest examples of the conflicting description of the Akaka Bill as “race based” and the realization that because it has no blood quantum, the Akaka Tribe—or is it the Abercrombie Tribe--will exclude the vast majority of Native Hawaiians while admitting non-Hawaiians who just happen to be property developers.

Obama promised to “cut taxes for 95% of workers and their families,” expand the Army by 65,000 and the Marines by 27,000, and enact “a net spending cut” for the federal government. Obama promised lower taxes, a strong defense and shrinking the size of government. No wonder independents in nine states that went for President George Bush in 2000 and 2004 switched their vote to Obama in 2008 (CO, FL, IN, IA, NV, NM, NC, OH and VA). But now those independents are beginning to reassess. Public Policy Polling (a liberal polling firm) notes that Obama now has a negative approval rating in every state that he flipped from the Bush column to his in 2008.

In an effort to dispel concerns that the creation of a race-based tribe violates the Constitution's Equal Protection Clause, Mr. Abercrombie added a six-page list of membership criteria that could include non-Hawaiian state residents. But the provision contains a self-destruct clause—as soon as the tribe is officially recognized, it can extend and deny membership based on any criteria it sees fit.

The latest attempt to force the U.S. economy to turn away from readily available, affordable fuels and leaving it to the tender mercies of untried, experimental and expensive technologies is a bipartisan effort by Sens. John Kerry (D-MA), Lindsey Graham (R-SC) and Joseph Lieberman (I-CT). A legislative package from them, according to The Washington Post on Saturday, would individually cap how much traditional energy the main pillars of the American economy would be able to use. This would of course cripple our economy....

Big Island elected officials arriving to meet with Army representatives at Pohakuloa Training Area got a eye-opening surprise Wednesday morning  In addition to the usual gaggle of anti-Semites and 9-11 trooothers protesting against the military, they were greeted at the front gate by a dozen Big Island residents rallying to support the troops.

Hawai'i traditionally hosts the largest Lincoln Day Dinner in the nation.  Attendees heard from Charles Djou, Candidate for Congress, Lt. Governor Duke Aiona and Governor Linda Lingle.  The keynote speaker was Karl Rove, former Senior Advisor and Deputy Chief of Staff to President George W. Bush. 

Stop Oil Seeps California has a documentary on the problem of natural oil seepage, which, according to the Natural Resource Council, is a far bigger source of oil emissions into the ocean than man-made oil spills. Allen’s group contends that along with more drilling for oil would come more control over these natural seepages. Their film, which was screened this week at The Heritage Foundation, is called A Crude Reality.

The day before yesterday's White House health care summit, Sen. Kent Conrad (D-ND) told reporters: "The only way this works is for the House to pass the Senate bill and then, depending on what the package is, the reconciliation provision that moves first through the House and then comes here." When Conrad was reminded that Speaker Nancy Pelosi (D-CA) has repeatedly insisted that the House will not pass the Senate bill until the Senate passes a second bill that fixes the first, Conrad replied: "Fine, then it's dead."

This was the dynamic that President Barack Obama was trying to alter with his eventually-seven-hour meeting. And judging by pretty much every major news outlet, he completely failed.

First Congressional District candidate Colleen Hanabusa praised the U.S. House of Representatives today for approving H.R. 2314, the Native Hawaiian Government Reorganization Act of 2009.

Also Abercrombie floor speech, news release and media roundup of coverage on Akaka bill.

Today's White House-sponsored health care summit is an insult to the intelligence of every honest American. President Barack Obama's communications minions are still trying sell his plan as an "opening bid" in the health care debate. But as Washington Post columnist Ruth Marcus asks: "With whom is he bidding?

The election will be mail-in with a proposed ballot deadline of Saturday, May 22, 2010.  This tentative date is included in bid sheets issued or voting equipment by the Hawaii Office of Elections. 

There’s nothing more troubling about the House voting on a fundamentally rewritten bill than the position made public by the Governor of Hawaii.  Something is very wrong when that Governor, a longtime vocal advocate of Native Hawaiian recognition, feels compelled to issue a statement last night, that she can’t support the rewritten bill.

Fifty-one years ago, 94.3 percent of Hawaiian residents voted to join the United States of America, surely this Congress owes the citizens of the State of Hawaii the ability to cast their vote on whether or not to create a new race-based governing body within their own state.  Hawaii voted to join the union as one unified state, if Congress is going to divide them, then the people of the State of Hawaii deserve to have their say.

The President told BusinessWeek: "[T]he irony is, is that on the left we are perceived as being in the pockets of Big Business. And then on the business side, we are perceived as being anti-business."

What the President fails to understand is that there is no irony here. It is entirely consistent for big government policies that favor select and politically connected big corporations to hurt the economy as a whole.

"The House vote this evening is deeply disappointing.  We should stand together in opposition to racially divisive and discriminatory laws like this. The Native Hawaiian bill is unconstitutional and violates the national unity of E Pluribus Unum.  I will use all the tools available in the Senate to ensure that this bill does not become law."

Akaka Bill passes House (again).  Passage in Senate is doubtful as several GOP Senators have placed "holds" on bill or have pledged to do so.

Flacking for President Barack Obama's "new" health care plan, White House Press Secretary Robert Gibbs told reporters assembled for yesterday's press briefing: "The president posted ideas of his on the White House website today. We hope Republicans will post their ideas either on their website, or we'd be happy to post them on ours, so that the American people could come to one location and find out the parameters of what will largely be discussed on Thursday." And this might have been a small bit of successful Obama administration gamesmanship on health care and transparency in government except for one small problem: reality. Not only do House Republicans already have their own health care plan, not only is it already available online, but the White House's own website already links to it!

• New, Undefined Sovereign Powers
• Immunity from lawsuits
• New Membership Criteria
• Lack of Definitions

Once Washington formally recognized the fledgling Native Hawaiian governing entity, that entity would have . . .

 “inherent power and authority to determine its own membership criteria, to determine its own membership, and to grant, deny, revoke, or qualify membership without regard to whether any person was or was not deemed to be a qualified Native Hawaiian constituent under this Act” (emphasis added)

Should the Native Hawaiian governing entity unlawfully establish a casino despite Section 10(a) of the rewritten bill, then Section 9(c)(3)(H) of the rewritten bill could prevent the State of Hawaii from going to court to shut-down the illegal gaming operation....

This potential loophole is not an invented fantasy.  Over the years, there have been Indian casinos operating without state-approved compacts and in violation of state law.  If Congress passes the rewritten bill with this loophole, then the only authority that the State of Hawaii and its citizens could have to rely on to stop the illegal operation would be the federal government, which has been lax in acting on such matters.

Well, I’m certainly pro-transit. I think a rail system in some configuration would be good for us; but I want to make certain we can afford it over the long-term.

I wanted to be able to look him in the eye and say, “Look, this is not politics. This is the most expensive transit project in the history of America.  Per-capita there is no system that has cost this much in such a small population base as Hawai‘i and people need to realize that. 

When I said that to him, he did not respond back or challenge that fact; and it is a fact.

“The basic problem as I see it, is that in the current version of the bill, the ‘governmental’ (non-commercial) activities of the Native Hawaiian governing entity, its employees, and its officers, will be almost completely free from State and County regulation, including free from those laws and rules that protect the health and safety of Hawai‘i's people, and protect the environment. ’Governmental’ activity is a broad undefined term that can encompass almost any non-commercial activity.

“This structure will, in my opinion, promote divisiveness and litigation, rather than negotiation and resolution. 

“I do not believe such a structure, of two completely different sets of rules – one for ‘governmental’ activities of the Native Hawaiian governing entity and its officers and employees, and one for everyone else – makes sense for Hawai‘i. 

“In addition, under the current bill, the Native Hawaiian governing entity has almost complete sovereign immunity from lawsuits, including from ordinary tort and contract lawsuits, and I do not believe this makes sense for the people of Hawai‘i.

By a voice vote, the House Rules Committee today authorized Rep Neil Abercrombie (D-HI) to introduce a “substitute amendment” which replaces the old version of the Akaka Bill (HR2314) passed in December by the House Committee on Natural Resources.  As a result of today’s vote, Abercrombie’s new version of the Akaka Bill will go directly to the floor of the House.

The Court held that the Congress cannot create an Indian tribe where one does not exist, but can rather, only recognize groups who have long operated as a tribe with a preexisting political structure . . .

Even though the House Rules Committee will take up this bill tonight at 5 pm and the full House may vote on the bill as soon as tomorrow, Natural Resources Committee Republicans are believed to be the only entity providing the public with the new legislative language as it is currently unavailable on the majority’s House Rules Committee website and Natural Resources Committee website.

“Bennett said the state's concerns about the Obama administration's language have been addressed by the parties.  However, he said, the state still has strong objections to clauses in the new draft that could give immunity from state law to the entity, its employees and officers while they are conducting government activity.”

The New York Times reported this past Friday that the White House is drafting, and will release this morning, a final health care bill they expect Congress to pass quickly. And this bill is specifically designed to pass without any conservative support:

Democratic officials said the president’s proposal was being written so that it could be attached to a budget bill as a way of averting a Republican filibuster in the Senate. The procedure, known as budget reconciliation, would let Democrats advance the bill with a simple majority rather than a 60-vote supermajority.

And a "simple majority" does not mean they need 51 Senators. The nuclear option the White House is now pushing, reconciliation, only requires the Obama administration to muster 50 votes before Vice President Joe Biden can cast a tie breaking vote in favor of a government takeover of health care.

“I let the Secretary know that we would be doing a separate, independent financial analysis of the plan for the rail, and I suggested to him that we take our financial analysis and the one that they will have done – that the government requires at the federal level – and share that information so we’re all working from the same set of numbers. They agreed that it’s important for the public to have really one set of numbers that they’re looking at. So when people want to judge whether it can be afforded over the long term or not, at least we're talking about the same numbers. I think that was very, very important today,” the Governor said.

(No mention of Monday's Akaka Bill hearing in this news release.  A sign of gubernatorial displeasure with the latest version?)

Contrary to popular opinion, Indian reservations have a history in Hawaii. An Oct. 12, 1999, article in the Honolulu Star-Bulletin describes the efforts of Kamehameha Schools/Bishop Estate (KSBE) trustees in 1995 to evade oversight of their corrupt doings. The Trustees’ self-serving investments caused losses of $264,090,257 in 1994 alone. To avoid scrutiny, they considered moving KSBE corporate headquarters out of Hawaii to the windswept plains of the Cheyenne River Sioux Indian reservation in South Dakota.

With the discovery of oil the U.S. government became intensely interested in settling the land claims. In 1971, in a special convention of the Alaska Federation of Natives Association five hundred and eleven (511) delegates approved the final draft of a Congressional legislative settlement. Fifty-six (56) delegates voted against the settlement. (Delegates from the North Slope made up a disproportionate number of those opposed.) It is also worth noting that President Nixon, even before the vote of the Alaska Federation of Natives, had already signed the legislation into law.

The legitimacy of the vote, with five hundred and sixty seven delegates representing all Native peoples, was questioned at the time and is still. There were no village meetings; the vote was never ratified or debated by Alaska Native communities or individuals. The discovery of oil had moved the resolution of land claims to 'fast forward'. Many would say that the political process was hijacked.

Rep Neil Abercrombie (D-HI) is preparing to introduce a third version of the Akaka Bill in the US House to replace the existing text of HR 2314.  And, according to one source, staffers in the office of Senator Dan Akaka (D-HI) are writing an amended version of S1011 to introduce in the Senate in place of the bill passed by the Senate Committee on Indian Affairs.

On Monday February 22 at 5PM EST (12 Noon HST) the House Rules Committee will consider allowing Abercrombie to amend the old version of the Akaka Bill with the latest new version.

There are some no-cost measures our federal government could take that could create the space for American entrepreneurship and private investment, resulting in real long-term job growth. Heritage fellow James Sherk identifies eight such measures . . .

WASHINGTON, D.C. – After House and Senate Committees approved two different versions of the Native Hawaiian Government Reorganization Act of 2009 (Akaka bill) last December, House Democrats have now released another rewritten version of this bill.  The House is expected to vote on the latest altered text next week.

Abercrombie admits the “15,000 jobs” created by stimulus in Hawaii claim comes from “a template going out all across the country” and explains:  "This kind of stuff is dysfunctional.  It further demoralizes the population.  It makes people sick of politicians.”   (Then why’d you vote for it Neil?)

Yesterday, I joined a broad coalition of conservative leaders representing a wide spectrum of the movement including fiscal, social, cultural and national security conservatives, to sign The Mount Vernon Statement. In light of the challenges facing the country and the need for clarity, we needed to produce this defining statement of conservative beliefs, values and principles. It is the culmination of a thoughtful deliberation about our nation’s principles. I was proud to participate in that discussion, and to chair the committee that drafted the statement.

As of fiscal year 2007, Hawaii—like 19 other states—had failed to sock away any assets to cover this long-term bill coming due. Relative to the size of its payroll and population, it has one of the greatest burdens—$10.8 billion—of any state in the country.

WASHINGTON (AP) - Law officials have identified the pilot who crashed into an Austin, Texas IRS building as Joseph Stack and say he left an angry letter on his company website.