Saturday, December 31, 2011

Obama fundraiser found guilty of bank fraud

Rick Moran

Nice company you're keeping there, Barry. You going to return the money this guy raised for you too?
New York Daily News:
Courtney Dupree was convicted of vastly overstating the billings of his Long Island City-based lighting company GDC Acquisitions in order to fraudulently obtain a loan from Amalgamated Bank.
Dupree, 42, sat stone-faced as the verdict was read in Brooklyn Federal Court. He faces up to 30 years in prison and has to pay back at least $18 million.
Meanwhile, the jury that convicted Dupree also acquitted his company lawyer, Thomas Foley, 45.
"The jury rejected an FBI effort to ensnare a lawyer because of his client's conduct and we are very grateful," said Foley's defense attorney, Joseph Ryan.
Dupree was done in by a mountain of paperwork, which prosecutors said proved he was a crook, and by testimony from cooperating witnesses who were involved in the scheme.
"This is a case about lying to a bank to get money," Assistant U.S. Attorney David Woll told the jury during the trial. "It is about telling lies over and over again in order to grab millions of dollars of the bank's money."
Obama will probably pardon the guy. After all, he's an ex-basketball star at the University of North Carolina. 


We Don't Need a Balanced Budget Amendment


Another electric car company backed by DoE loan guarantees in trouble

Rick Moran

The entire "green subsidy" program, as we've discovered, is rife with corruption, cronyism, and just plain bad decisions. But beyond all of that, this is what happens when government - rather than the market - picks winners and losers.
The Hill:
An electric vehicle manufacturer that received a $529 million loan from the Energy Department is recalling 239 vehicles.
The Transportation Department's National Highway Traffic Safety Administration (NHTSA) said Thursday that the company, Fisker Automotive, will recall its Karma vehicles made between July 1, 2011, and Nov. 3, 2011, because of a faulty electric battery component that could cause a fire.
"Within the high-voltage battery, certain hose clamps may have been positioned incorrectly during assembly. If positioned incorrectly, the batter compartment cover could interfere with the hose clamps, potentially causing a coolant leak from the cooling hose," NHTSA said in its recall notice Thursday.
"If coolant enters the battery compartment, an electrical short could occur possibly resulting in a fire."
The Energy Department issued a $529 million loan to Fisker in April 2010 for the development of its plug-in electric vehicles.
The administration has come under fire for issuing the loan after ABC News reported in October that Fisker is making its vehicles in Finland because it could not find a contractor in America to manufacture them.
Fisker is backed by Obama fundraiser and venture capitalist John Doerre who runs a company that has Al Gore sitting on its board of directors. Doerre raised millions for Obama's 2008 campaign.
It seems that not only is the government picking winners and losers, it is picking them based on their political clout.


For Your Leftie Friends, Simon Johnson on the Financial Crisis


Our Forefathers' Business

By John W. Howard

As perennial as the season itself, is the annual emergence of the secular left to file lawsuits challenging the presence of Christian symbols, however benign, on public property.  It is, I suppose, a festive tradition for some whose lives are otherwise joyless except to the extent they can snatch seasonal delight from others who enjoy more spiritual richness with which to color their days.
So, as the Christmas season winds down, the good citizens of Flathead Valley, Colorado, and the owners of White Fish Mountain resort find themselves under fire because a small statue of Jesus occupies a 3 foot by 3 foot section of the resort that sits on Forest Service land.  The effigy was installed 50 years ago to honor members of the 10th Mountain Division of the U.S. Army, becoming a cherished local landmark.   There it has rested, without objection, ever since. 
The complaint seeking its removal was filed by the Freedom from Religion Foundation and the only thing about the controversy with which most can agree is that the complaint is, in the words of Foundation president Laurie Gaylor, a "no-brainer"; words redolent with unintended irony.
It is a wonder such complaints have lately been so successful.  They proceed from a consistent misconstruction of the First Amendment starting in 1947 with a Supreme Court decision, Everson v. Board of Education, in which the Court, for the first time, invoked the words of Thomas Jefferson calling for a "wall of separation" between church and state.  In using that convenient phrase, the Court remarkably overlooked the fact that Jefferson did not participate in the debate over the ratification of the Constitution or, for that matter, over the subsequent adoption of the First Amendment with which the Court rationalizes decisions barring religion from the public square. (He was in France at the time.)  The phrase appears in none of the debates that led to the enactment either of the Constitution or of the First Amendment.  Indeed, the expression was not even used by Jefferson until fourteen years after the amendment was adopted, thus providing no illumination as to intention of those who actually approved it.
The Supreme Court's jurisprudence with respect to government's relationship to religion is chaotic and intellectually rudderless, likely because it is so ungrounded in original intent or in the text on which the Court relies for doctrinal development.  The Court has based its decisions on the First Amendment which reads, in relevant part:
"Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof...." 
The Court's rationale is that the presence of religious displays on government property constitutes, by endorsement, the "establishment of religion" prohibited under the first clause of the First Amendment (the "Establishment Clause").  The Court is apparently untroubled by the fact that those who wrote and adopted the First Amendment believed no such thing.
How do we know that those who wrote the First Amendment did not interpret the Establishment Clause as prohibiting, in the Court's words, "government entanglement with religion"?  We know it because on September 26, 1789, the day after the final language of the First Amendment was adopted by Congress, so taken was the assembly by its success in adopting the Amendment, that it passed a resolution in celebration, calling on the president to "recommend to the people of the United States, a day of public fasting and prayer, to be observed, by acknowledging with grateful hearts, the many signal favors of the Almighty God."
We know it, too, because during Jefferson's administration, Congress -- constituted, as it was, by many in the founding generation -- allowed the Capitol Building to be used for Christian worship services; services regularly attended by President Jefferson himself, apparently unconcerned that doing so surmounted a constitutionally required "wall of separation."
We know it because from the very first Congress onward, proceedings have always opened with a prayer.
And, yet, here we are, more than 200 years on, in continuing argument over whether the First Amendment was intended to prohibit religious symbols on public property; whether public schools can constitutionally begin commencement exercises with a prayer; whether the Establishment Clause prohibits exultant high school football players from "Tebowing."
Some argue that Congress has a right to constitutional interpretation coextensive with that of the Supreme Court.  Whether or not that power exists, Congress has never exercised it and doing so would upset a delicate constitutional balance and an established and stabilizing separation of powers.  What Congress does have the power to do, though, is to amend the Constitution, if it thinks the Court has, through its jurisprudence, guided the ship of state off course.  It also has the power to set the means and extent of judicial redress and jurisdiction.
There is, then, a path of return to original intent; one we should follow.  It is certainly well past time to do so.
The first, easiest and most immediate remedy is for Congress to adopt a statute setting a time limit on actions challenging religious symbols or displays on public land.  Governments enjoy sovereign immunity.  This means that government -- at all levels -- cannot be sued unless it consents and it can set the conditions for doing so.  So, for example, the federal government has consented to its being sued to establish a right in land to which the government lays claim.  But it enacted a statute of limitations for bringing such actions and made it effective on a date earlier than its adoption.  Local governments typically set short time limits -- some as short as ninety days -- in which to make claims, and those attenuated limits are consistently upheld.
Congress should approve such a statute for actions challenging the existence of religious symbols on federal land -- say, one year -- after which time an action would be barred by the passage of time.  This would establish an expiration date on actions like that in Flathead Valley.
The structure of judicial decision making is deliberately slow and the courts' commitment to the doctrine of stare decisis, very strong.  (Stare decisis is that doctrine that obligates courts to respect the decisions of previous tribunals.  Major changes in judicial doctrine do not occur unless demanded by overwhelming historical circumstance.)  The structural impediments of the judicial process provide salutary stability to American society. But they also make constitutional interpretation painfully slow.  It is unlikely that even the present Supreme Court, populated as it is by sound original intent thinkers, will overrule Everson or its progeny and reestablish the intent of the Founders.
So, short term, the attack on religion in the public square by the secular left will go on unless Congress short circuits the process by shortened time limitations and jurisdictional restrictions.  Perhaps an enterprising or ambitious member of Congress could be persuaded to pursue a clarifying constitutional amendment that would provide a more comprehensive solution by more carefully defining the extent of the power of the Establishment Clause.  But that is a long and painful process; one not likely to enjoy sufficient immediacy to provide staying power to its sponsors.
For the time being, legislative reform can get us more than halfway there and vigorous resistance to judicial depredation can chip away at the wall of separation erected, by fiat, sixty-five years ago.  Since that time, Americans have stood helplessly by as courts systematically dismantled cherished traditions.  We can stop them if we will but use the tools the Founders provided.  The time has come for us to be about our forefathers' business.

Obama Has United the World…in Opposition to Bad U.S. Tax Policy


European Health Care: Economic Malpractice

By Hugh de Payns

Any reasonable person does not take satisfaction in the failure and destruction of another.  This is especially true when the other is innocent of any wrongdoing or lack of judgment.
Yet sometimes, epic failure can constructively serve as an example of what not to do.  If the individual states of our nation are a laboratory of democracy, then the states of Europe are the laboratory of socialism.  What we are witness to in Greece, and eventually in Spain, Italy, and possibly France, is the painful death of the welfare state. 
Credit markets are locking up all over the continent; meanwhile, trillions have been pumped into their banks in an effort to keep them afloat.  But their situation is so bad that they cannot even take the risk of making business loans.  Employment is shrinking, and tax revenues are falling.  Internally, the socialist cash-machine is running empty as other people's money dries up.  It is all happening just as reader of American Thinker foresaw.
The welfare state's demise, long inevitable, will be painful and ugly, and it will harshly impact the weakest and the most innocent of the population.  After all, the welfare state defies the laws of economics and the laws of mathematics.  Take notice as the liberal and socialist agitators and pundits shake their collectivized fists at the sky and curse the gods without any noticeable change.  The facts on the ground will do what they will, despite rhetoric or political pontifications coming from any quarter.
One of the first organs to fail is the socialized health care program.  No matter its stated merits, a serious and impactful socialized medicine program is simply too expensive for any state to long sustain.
For months prior to the passing of ObamaCare, we were told -- repeatedly -- how it would "bend the cost curve downward" and open up better health care for millions of Americans...all at the same time! 
The problem is that the pundits on the left at the time and still today don't even believe their own rhetoric.  In fact, they are either living in a fantasy land that never existed or simply lying.
Back in May 2010, bluegrasspundit made mention of the total hypocrisy of the left with regard to ObamaCare.
After shilling for ObamaCare for months, the New York Times is now telling Greece getting out of the health care marketplace would allow health care costs to come down. The hypocrisy of the left is simple astounding.
The NY Times also made mention of the total impossibility of it all.
Another reform high on the list is removing the state from the marketplace in crucial sectors like health care, transportation and energy and allowing private investment.
What is also important to make note of is that these socialized countries do not have the traditional bogeyman that leftists point their finger at: a revenue-hungry military.  The Greek military is small to the point of insignificance.  The same is true with Spain, Italy, and most others on the continent.  Their defensive needs were being functionally met and subsidized by the United States.
A recent article by the NY Times makes for overwhelming evidence of the disruption and pain this transformation causes to the innocent and the disadvantaged.  While the article is slanted politically, it is worth reading in its entirety; the reader must realize that this will happen in other European nations, and eventually here in the U.S. should we be so foolish as to follow their example.
At public hospitals, doctors report shortages of all kinds of supplies, from toilet paper to catheters to syringes. Computerized equipment has gone unrepaired and is no longer in use. Nurses are handling four times the patients they should, and wait times for operations -- even cancer surgeries -- have grown longer.
Access to drugs has also been affected, as some drug manufacturers, owed tens of millions of dollars, are no longer willing to supply Greek hospitals. At the same time pharmacists, afraid that the government might not reimburse them, are asking for cash payments, even from those with insurance.
Brick by brick, the edifice of socialized medicine is ruthlessly and forcefully being taken apart.
The lesson here is for our nation to rid ourselves of ObamaCare entirely before it becomes embedded into the fabric of society, because it too will be rooted out by the forces of economics.  It is easier to throw out the seed than uproot the plant, so the sooner this is done, the better.  Anything less is a form a gross medical malpractice.
"There are two places only where socialism will work; In Heaven, where it is not needed, and in Hell, where they already have it."  -Winston Churchill