04/25/15

Loretta “I Refuse To Answer” Lynch Confirmed As Attorney General After Republican Betrayal

By: Terresa Monroe-Hamilton

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The Republican Party is becoming more and more detached from their conservative base. They seem to vote against anything the conservatives want and do all they can to enable our Marxist president. As Andrew McCarthy put it, “Voting to confirm an attorney general who won’t uphold the Constitution isn’t a way to inspire confidence among conservatives.”

Last Thursday, Karl Rove couldn’t wait to announce that, “The dysfunctional Congress finally appears to be working again as the Founders intended.” Really? Because this isn’t the way I perceive the Founders having intended it at all. They would have impeached and removed a sitting president who acted like a monarch. Then to validate Rove’s proclamation, the GOP-controlled Senate confirmed as attorney general Loretta Lynch who blatantly supports the systematic non-enforcement of federal law. Ms. Lynch also supports President Obama’s boldly unconstitutional usurpations of legislative authority, including Congress’ power to set the terms of lawful presence by aliens in our country. Ted Cruz SLAMMED the Republican majority in the Senate for allowing the Lynch nomination:

On the Senate floor a few moments ago, Ted Cruz SLAMMED the new Senate Republican majority for refusing to block Loretta Lynch’s nomination to attorney general. He said that the Republican majority could continue to block the nomination if they wanted to and it’s something he’s urged them to do because of her admissions to run the DOJ in a lawless fashion just like Eric Holder.

He pointed out that more than a few voters are asking what is the difference between a Republican and Democratic Senate majority when someone promising the exact same lawlessness as Holder will be allowed to get confirmed. He says that’s something each Republican will have to explain to their constituents.

He also adds that not a single Republican can vote for such a nomination and be consistent with their oath of office to support and defend the Constitution.

Unfortunately, Loretta Lynch was just confirmed. Sigh.

Here is a small sampling of Loretta Lynch’s answers at her confirmation hearing:

Q: Will you defend Obama’s illegal Executive Amnesty?
A: Lynch thinks the Administration’s contrived legal justification is reasonable. She sees nothing wrong with the President’s decision to unilaterally grant lawful status and work authorizations that are explicitly barred by federal law to nearly 5 million people who are here illegally.

Q: Who has more right to a job in this country? A lawful immigrant who’s here as a citizen – or a person who entered the country unlawfully?
A: Lynch believes that the right and the obligation to work is one that’s shared by everyone in this country regardless of how they came here. And certainly, if someone is here, regardless of status, she would prefer that they would be participating in the workplace than not participating in the workplace.

Q: Concerning the limits of prosecutorial discretion… the dubious theory that President Obama has put forward to justify his illegal Executive Amnesty; where do you stand?
A: Lynch would give no limits to that theory.

Q: Can a subsequent President use prosecutorial discretion to order the Treasury Secretary not to enforce the tax laws and to collect no more income taxes in excess of 25%?
A: She refused to answer.

Q: Can a subsequent President use prosecutorial discretion to exempt the state of Texas, all 27 million people, from every single federal labor and environmental law?
A: She refused to answer.

Q: Do you agree with the Holder Justice Department that the government could place a GPS sensor on the car of every single American without probable cause?
A: She refused to answer.

Q: Do you agree with the Holder Justice Department that the First Amendment gives no religious liberty protection whatsoever to a church’s or a synagogue’s choice of their own pastor or rabbi?
A: She refused to answer.

Q: Do you believe the federal government can employ a drone to kill a US citizen on American soil if that citizen does not pose an imminent threat?
A: She refused to answer.

Q: Would you be willing to appoint a Special Prosecutor to investigate the IRS’ targeting of citizens and citizen groups for their political views? An investigator that was at a minimum, not a major Obama donor?
A: She refused to answer.

Our ‘functional Congress’ confirmed Loretta Lynch as our new attorney general, replacing Eric Holder, possibly the most lawless, racist and fascist AG this nation has ever seen. Lynch testified brazenly that she endorses and intends to facilitate the president’s lawlessness and constitutional violations. Having heard her testimony during the confirmation hearings, 10 Republican senators decided to vote for Lynch. Remember, the position of attorney general exists to ensure that the laws are enforced and the Constitution is preserved; and… each senator has taken an oath to uphold the Constitution. This should have been a no-brainer. Yet, Republicans sided with the Marxist Leftists and Lynch was confirmed. The ten Republicans who voted for confirmation were: Kelly Ayotte, Ron Johnson, Mark Kirk, Rob Portman, Thad Cochran, Susan Collins, Jeff Flake, Lindsey Graham, Orrin Hatch and Mitch McConnell. The Senate voted 56–43 in favor of Lynch.

Mitch McConnell bald-facedly lied in October. While he was wooing conservatives for the upcoming midterm election, he stated that any nominee that was going to replace Eric Holder as “the nation’s highest law-enforcement official” must, “as a condition of his or her confirmation,” avoid “at all costs” Holder’s penchant for putting “political and ideological commitments ahead of the rule of law” — including as it “relates to the president’s acting unilaterally on immigration or anything else.” He fibbed big time and betrayed conservatives nationwide. It was his wheeling and dealing that led to the deal that was struck with Harry Reid and that cinched Lynch’s confirmation.

Here’s Mitch McConnell’s deal: If Democrats agree to stop blocking a human trafficking bill over some boilerplate language regarding abortion funding — a position that made them look unreasonable — Republicans, with all the leverage imaginable, will help confirm another attorney general nominee who will rubber stamp the president’s many overreaches. So, you see in the end, the Republicans voted for the continuation of the abuse of Executive power. It’s really just that simple. The reasons given for supporting Lynch included that she was a black woman and the best so far to come out the Obama White House – those are two breathtakingly horrible reasons for Lynch to be confirmed. It’s absolutely shameful politicking.

If you didn’t think Mitch McConnell was a lying, conniving Progressive before… you should now. Once the November election was won and behind him, McConnell went to work behind the scenes to whip up support for Loretta Lynch. He wielded his power from the shadows and strong-armed others into supporting her. By voting for her confirmation, he summarily flipped off any conservative who had been foolish enough to believe his campaign rhetoric. Suckers.

But it is even worse than that. From Andrew McCarthy:

That doesn’t begin to quantify the perfidy, though. In order to get Lynch to the finish line, McConnell first had to break conservative opposition to allowing a final vote for her nomination. The majority leader thus twisted enough arms that 20 Republicans voted to end debate. This guaranteed that Lynch would not only get a final vote but would, in the end, prevail — Senators Hatch, Graham, Flake, Collins, and Kirk having already announced their intention to join all 46 Democrats in getting Lynch to the magic confirmation number of 51.

So, in addition to the aforementioned ten Republicans who said “aye” on the final vote to make Lynch attorney general, there are ten others who conspired in the GOP’s now routine parliamentary deception: Vote in favor of ending debate, knowing that this will give Democrats ultimate victory, but cast a meaningless vote against the Democrats in the final tally in order to pose as staunch Obama opponents when schmoozing the saps back home. These ten — John Thune (S.D.), John Cornyn (Texas), Bob Corker (Tenn.), Lamar Alexander (Tenn.), Pat Roberts (Kan.), Richard Burr (N.C.), Shelley Moore Capito (W.Va.), Cory Gardner (Col.), Mike Rounds (S.D.), and Thom Tillis (N.C.) — are just as willfully complicit in Lynch’s confirmation and her imminent execution of Obama’s lawlessness.

This is not a Senate back to regular order. It is a disgrace, one that leads to the farce’s final act: On Monday, Loretta Lynch will ceremoniously take the oath to uphold the Constitution she has already told us she will undermine.

This is not about immigration, amnesty, health care, and the full spectrum of tough issues on which reasonable minds can differ. It is about the collapse of fundamental assumptions on which the rule of law rests. When solemn oaths are empty words, when missions such as “law enforcement” become self-parody, public contempt for Washington intensifies — in particular, on the political right, which wants to preserve the good society and constitutional order the rule of law sustains.

Mitch McConnell and the other Progressive RINOs are responsible for destroying mainstream America’s faith in their government and the rule of law. Our contempt and disgust for those in DC is now complete. The last time out for a presidential election, millions of Republicans were so disillusioned that they stayed home rather than voting. Obama won a second term that way. It appears that the Republican Party is intent on losing the next presidential race as well… they obviously don’t give a flying crap about their base. Ask yourself this… would McConnell be doing anything differently if he were Obama’s insider in the Senate?

Mike Lee had this to say:

“I voted against her because even though I walked into her confirmation process with an open mind, hoping and even expecting to like her, I couldn’t vote for her because she refused to answer any of my questions about prosecutorial discretion and its limits,” Sen. Mike Lee, whose grilling gave Lynch the most trouble, told The Federalist. “Even as I made the questions more and more obvious, and gave her hypotheticals which I thought made the question clearer, she refused to answer. It’s not because she doesn’t have the capacity, it’s because she had concluded that she wanted to share as little information as possible and, apparently, she responded well to coaching. I found that troubling.”

Lee had offered a hypothetical scenario wherein a governor wanted to raise the speed limit from 55 miles per-hour to 75 but could not convince the legislature. Could that governor decide to unilaterally instruct his highway patrol to not enforce the speed limit? Could he issue permits to drivers who wanted to exceed the limits established by statute? “I thought that was a pretty reasonable hypothetical,” Lee explained. She refused [to] discuss the scenario.

And from TheBlaze:

Much of the GOP’s opposition to Lynch was due to her support for Obama’s executive action on immigration. During her confirmation hearing, Lynch said she believes Obama’s plan was consistent with the Constitution, drawing outrage from Republicans who have said it’s an end-run around Congress.

Sen. Jeff Sessions (R-Ala.), the most vocal Republican against Obama’s plan, said the Senate shouldn’t confirm Lynch to be the nation’s top law enforcement officer given her support for what he has called an illegal move by Obama.

“The Senate must never confirm an individual to such an office as this who will support and advance a scheme that violates our Constitution and eviscerates established law and congressional authority,” he said Thursday. “No person who would do that should be confirmed. And we don’t need to be apologetic about it, colleagues.”

Obstructionist and evasive doesn’t quite do Loretta Lynch justice here. In my opinion, she is an anti-Constitutionalist and certainly a Liberal Progressive. I am convinced that Lynch is not only a racist, she will be just as bad or worse than Eric Holder and you can thank, in large part, Mitch McConnell and the Progressive Republicans for it. She also has a very special enthusiasm for civil asset forfeiture that she will up the stakes on across the nation. The fact that she is black and a woman should have nothing to do with her confirmation – her adherence and stances on the law and the Constitution should be all that counts. We are definitely at a Constitutional tipping point and Loretta “I Refuse To Answer” Lynch may very well be the Progressive straw that broke the Republic’s back.

02/1/15

Will New AG Support Civil Forfeiture Reform?

By: Alan Caruba
Warning Signs

The Wednesday hearings on the confirmation of a new Attorney General, Loretta Lynch, lasted hours because members of the Senate Judiciary Committee were often called away to vote. In the wake of the scandals surrounding the manner in which Eric Holder’s Department of Justice has functioned, the hearing, led now by Republicans, could have been harsh, but it was not. The Wall Street Journal characterized the mood in the hearing room as “cordial.” Watching it on CSPAN, I can confirm that.

In early November the Wall Street Journal, in an opinion titled “The Next Attorney General: One area to question Loretta Lynch is civil asset forfeiture”, it noted that “As a prosecutor Ms. Lynch had also been aggressive in pursuing civil asset forfeiture, which has become a form of politicking for profit.”

“She recently announced that her office had collected more than $904 million in criminal and civil actions in fiscal 2013, according to the Brooklyn Daily Eagle. Liberals and conservatives have begun to question forfeiture as an abuse of due process that can punish the innocent.”

That caught my eye because the last thing America needs is an Attorney General who wants to use this abuse of the right to be judged innocent until proven guilty. Civil forfeiture puts no limits on the seizure of anyone’s private property and financial holdings. It is a law that permits this to occur even if based on little more than conjecture. It struck me then and now as a bizarre and distinctly un-American law.

Writing in the Huffington Post in late 2014, Bob Barr, a former Congressman and the principal in Liberty Strategies, told of the passage of the Civil Asset Forfeiture Reform Act (CAFRA) in 2000 “as a milestone in the difficult—almost impossible—task of protecting individual rights against constant incursions by law-and-order officials.” The problem is that civil forfeiture was and is being used to seize millions.

“The staggering dollar amounts reflected in these statistics, however,” wrote Barr, “does not pinpoint the real problem of how law enforcement agencies at all levels of government employ the power of asset forfeiture as a means of harming, and in many instances, destroying the livelihood of individuals and small businesses.”

“In pursuing civil assets, the government need never charge the individuals with violations of criminal laws; therefore never having to prove beyond a reasonable doubt that they are guilty of having committed any crimes.”

As noted above, as the U.S. Attorney for the Eastern District of New York, Ms. Lynch’s office had raked in millions from civil forfeiture. Forbes magazine reports that she has used it in more than 120 cases and, prior to the hearing to confirm her as the next Attorney General US News & World Report noted on January 26 that Ms. Lynch’s office had quietly dropped a $450,000 civil forfeiture case a week before the hearings. She clearly did not want to answer questions on this or any other comparable case.

Just one example tells you why there is legitimate concern regarding this issue and it appeared in a January 3^rd edition of Townhall.com. I recommend you read the account written by Amy Herrig, the vice president of Gas Pipe, Inc, a Texas company that an editor’s note reported as “faced with extinction of a civil asset forfeiture to the federal government of more than $16 million. Neither Herrig nor her father, Jerry Shults, have been charged with any criminal offense.”

Jerry Shults is a classic example of an American entrepreneur. After having served in the Air Force and serving in Vietnam where he earned a Bronze Star, Shults moved to Dallas where he began selling novelty items at pop festivals throughout Texas. Since the first store that he opened had gas pipes exposed in the ceiling, he dubbed it Gas Pipe, Inc. Suffice to say his hard work paid off for him. By the late 1990s, he had seven stores, a distribution company, a five-star lodge in Alaska, and was an American success story. By 2014 the company had grown to fourteen stores and other notable properties.

By then he had been in business for nearly 45 years and employed nearly two hundred people. And then someone in the northern district of Texas, Dallas division, initiated a civil forfeiture seizure against him. I was so appalled by his daughter’s description of events I secured a copy of the September 15 complaint that was filed. I am no attorney, but it looked to me as spurious as one could have imagined, except for the details of Gas Pipe’s assets. On 88 single-spaced pages, those were spelled out meticulously and all were subject to seizure despite the fact that not a single instance of criminality had been proven in a court of law. Imagine having 45 years of success erased by one’s own government in this fashion. It is appalling.

Assuming Ms. Lynch will be approved for confirmation as our next Attorney General, civil forfeiture is the largely hidden or unknown issue that could spell disaster for countless American businesses, large and small, in the remaining two years of the Obama administration. She has a record of pursuing it. The upside of this is that the current AG, Eric Holder, in early January announced that the DOJ would no longer acquire assets seized as part of a state law violation.

On the same day of Ms. Lynch’s hearing, January 28, writing in The Hill’s Congress Blog, former Representative Rick Boucher (D-VA) was joined by Bruce Mehlman, a former Assistant Secretary of Commerce in the George W. Bush administration, to raise a note of warning. “The topic of civil asset forfeiture should be an important part of the discussion with Lynch. As U.S. Attorney for the Eastern District of New York, Lynch was the top official in a hotbed of civil asset forfeiture—helping to bring in hundreds of millions of dollars under the program in recent years.”

Ms. Lynch was not asked about civil forfeiture by either the Republican or Democrat members of the Senate Judiciary Committee. It was a lost opportunity and, if the new Attorney General applies her enthusiasm for it to the entire nation, it will be yet another Obama administration nightmare.