Wash Exam: Now is the time to pass term limits
Some of our elected leaders on Capitol Hill have made a habit of making simple things complicated. It's an old but effective tactic designed to frustrate those who are advocating for reform. It's the same list of excuses we've all heard a thousand times. It usually starts with "it's not the right time" or "be careful what you wish for" or the dreaded "we don't have the votes."
A perfect example of this is the question of whether or not there should be a new constitutional amendment for congressional term limits. In the era of complex and unreadable 1,000-page pieces of legislation, the questions surrounding this debate are simple. Should Congress be term limited like the presidency, and if so where should the limits be set? Only in Washington can a joint resolution that spans two paragraphs be made into a complicated matter. There's absolutely no doubt that amending the U.S. Constitution should be taken very seriously and debated thoroughly, but the American people clearly want the debate and an up-or-down vote.
A recent poll indicates that 74 percent of likely U.S. voters support such a proposal, with only 13 percent in opposition. In today's America it's hard to find any initiative that enjoys such strong support from our citizenry, and with good reason. I'm not sure I know anyone — Democrat or Republican — who really believes Congress has been functioning effectively for a long time. So congressional term limits is hardly a new phenomenon. The American people's distrust in Washington politicians and out of control federal spending has been growing for decades. The last time there was a real push was in mid-1990s, when Newt Gingrich was speaker of the House. The measure failed back then but that did not deter those reform-minded Republicans from putting it up for a vote.
Read more at: http://www.washingtonexaminer.com/now-is-the-time-to-pass-term-limits/article/2611291
Citizens United and Citizens United Foundation filed their opening brief with the 2nd Circuit U.S. Court of Appeals
Summary Description: Citizens United v. Schneiderman
2nd Circuit U.S. Court of Appeal Opening Brief
On Friday, January 6, 2017, Citizens United and Citizens United Foundation filed their opening brief with the 2nd Circuit U.S. Court of Appeals in New York in Citizens United v. Schneiderman. The case involves a constitutional challenge to the New York Attorney General’s recently decreed policy requiring non-profit organizations soliciting contributions in New York to provide his Charity’s Bureau with a list of their top donors on an annual basis.
In their Brief, Citizens United and Citizens United Foundation challenge the dismissal of their case by the U.S. District Court for the Southern District of New York under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim for which relief can be granted. The brief contends the District Court committed multiple errors in dismissing the case, including:
- Imposing a heighten pleading standard in contravention of Federal Rules of Civil Procedure and binding Supreme Court precedent for litigation challenging unconstitutional governmental action;
- Shifting the burden of proving the disclosure policy unconstitutional to the challengers of the policy despite decades of Supreme Court precedent emphasizing that the government bears the burden of proof in First Amendment cases involving prior restraints on freedom of speech;
- Ruling sua sponte (i.e. out of the blue with no briefing or argument on the issue) that the organizations’ due process claims are not ripe for adjudication despite the Attorney General’s written threat to fine the organizations’ if they do not comply with the donor disclosure policy;
- Refusing to recognize that New York’s donor disclosure policy is preempted by federal law protecting the names and addresses of donors from public disclosure; and
- Failing to strike down New York’s charitable solicitation licensing scheme as it relates to Citizens United despite the fact that New York law narrowly defines a charitable organization in a way that excludes advocacy organizations such as Citizens United.
Citizens United v. Schneiderman - 2nd Circuit U.S. Court of Appeal Opening Brief by Citizens United on Scribd
Statement of Citizens United President David N. Bossie reacting to Hillary Clinton’s anti-Citizens United Amendment
"Hillary Clinton said today that if she wins - and that's a big if - she will propose an anti-Citizens United amendment to the Constitution. Make no mistake about it, Hillary Clinton's top priority is to enact a 28th Amendment to the Constitution that would gut the First Amendment. Hillary Clinton would rather silence her opposition than fight terrorism or fix the economy."
Citizens United President David N. Bossie Statement on FBI Director James Comey's Wrong Decision Not to Indict Hillary Clinton
FBI Director James Comey stated Hillary Clinton broke the law, but is choosing not to recommend prosecuting her. It is a bad day for all America, she’s not being held accountable for her reckless and illegal actions. The American people will only see that Hillary Rodham Clinton is above the law.
Regardless of the FBI determination into narrow questions about Hillary Clinton’s illegal email server, there are still many unanswered questions. Huma Abedin's testimony about burning schedules coupled with the State Department's political delay tactics in producing court ordered documents gives the appearance that Hillary Clinton was engaged in activities as Secretary of State that she is fearful of disclosing to the public. What was Hillary Clinton's priority as Secretary of State? Was it U.S diplomacy or was it Clinton Foundation business and donor maintenance? The public has a right to know the answers to these critical questions.
Statement of Citizens United President David N. Bossie on Secret Lynch-Clinton meeting
“Attorney General Loretta Lynch holding a secret briefing in the back of private plane with former President Bill Clinton is an outrage and further demonstrates that Lynch’s special relationship with the Clintons is riddled with conflicts of interest. Attorney General Lynch must appoint a special counsel in this case immediately. Hillary Clinton is under FBI criminal investigation and Lynch’s meeting with Bill Clinton cements the view that she cannot conduct an impartial investigation. It’s simply not believable that the pending FBI criminal investigation into the Clinton email server wasn’t discussed because this bizarre meeting was not supposed to be publicly disclosed in the first place. This all reeks to high heaven.”
Citizens United President David N Bossie Statement on Special Counsel
“Citizens United first called for an impartial special counsel to investigate the Clinton email case 11 months ago. We were right then and we are right now.
Democrat political appointees at the Department of Justice - including Loretta Lynch - can’t be expected to make unbiased prosecutorial decisions about their own nominee for president.
In the past 10 days, President Obama endorsed Hillary Clinton for president and met with Attorney General Loretta Lynch at the White House the same afternoon.
Then Loretta Lynch appears on television to say she’s never discussed the Clinton email case with President Obama and that she’s treating it like any other case that comes down the pike.
To top it all off, Lynch denied that there was even the hint of an appearance of a conflict of interest in the case despite the fact that:
-Hillary Clinton’s husband President Bill Clinton appointed Lynch U.S. Attorney in 1999, creating the appearance that she owes the former President something for that important appointment;
-Senior Justice Department officials have contributed thousands to Hillary Clinton’s campaign, creating the appearance that the Obama Justice Department wants Clinton to succeed;
-Lynch herself has made contributions to Democrat candidates in the past, creating the appearance that Attorney General Lynch is a partisan Democrat who wants Clinton to succeed; and
-Indicting Democrat Clinton now would damage her ability to be elected, therefore putting a ‘third Obama term’ in jeopardy.
The American people have had enough of Attorney General Lynch’s ‘nothing to see here’ strategy. In order to restore some trust in government and the rule of law, Loretta Lynch must acknowledge the conflicts that surround this investigation and appoint an impartial special counsel without delay.”
Citizens United President David N Bossie statement on President Obama’s Supreme Court nomination
“It’s disappointing that President Obama disregarded Vice President Biden’s advice from 1992 and refused to honor the decades long tradition of not putting forward a Supreme Court nomination during an election year.
I have confidence that the Republican-controlled Senate, put in power by grassroots conservative voters, will stand strong for principle and precedent and not budge on this process until 2017.
Senators McConnell, Grassley and the rest of the Republican Senators must not allow the Supreme Court to drastically shift to the left by considering this nominee.
Furthermore, Merrick Garland would be a judicial activist who would seek to legislate from the bench, disregard the Constitution, and methodically hammer away at the Bill of Rights."
Statement of Citizens United President David N. Bossie on today’s Joint Status Report in Citizens United’s FOIA Litigation
“In today’s filing, the State Department finally disclosed to the court that it located 2,000 “retired”, unsearched, and previously unknown records of former Secretary Clinton, Huma Abedin, and Cheryl Mills that may be responsive to our FOIA requests in this lawsuit.”
“With this 11th hour revelation, the State Department has missed its court ordered deadline to finish the production of documents in this case.”
“These newly discovered records could impact document production in other Citizens United FOIA lawsuits as well as cases involving other plaintiffs.”
“Citizens United first filed these FOIAs in 2014 and filed the lawsuit to pry the records loose in April 2015. These records pertain to Clinton donors Gilbert Chagoury and Rajiv Fernando.”
“The public has a right to inspect records that are in the possession of their government. These delay tactics by the Obama Administration look like nothing more than an assist to former Secretary Clinton.”
“This latest declaration is more of the constant “drip, drip, drip” that Judge Sullivan spoke of last week.”
Citizens United Demands Details of Bill Clinton’s 2012 “North Korea invitation”
In May 2012, Clinton Foundation Foreign Policy Advisor Amitabh Desai sent the attached email to State Department senior staff members Cheryl Mills, Jacob Sullivan, and Michael Fuchs with the subject line “North Korea invitation.” The email chain makes clear that the invitation for President Bill Clinton “came via” Secretary Clinton’s brother Tony Rodham.
The email chain from Desai states in pertinent part:
“Dear Cheryl, we’d welcome your feedback on the attached invitation – would USG have any concerns? Thanks, Ami”
“This came via Tony Rodham.”
The State Department declined to produce to Citizens United the referenced attachment which would seemingly provide details of the “North Korea invitation” in question.
“North Korea is a rogue regime that is a threat to the security of the civilized world. Now, with its nuclear test and subsequent rocket launch, North Korea has inserted itself into the 2016 U.S. presidential race. The Clinton Foundation and/or the State Department should immediately release the details of President Bill Clinton’s 2012 ‘North Korea invitation’ that is referenced in the attached State Department email that was obtained by Citizens United through a FOIA lawsuit over the summer of 2015,” said David N. Bossie, President of Citizens United.
“The Clintons are longtime supporters of transparency in government and releasing these records would be consistent with their rhetoric. The public has a right to know the details of what North Korea was offering President Clinton,” Bossie continued.
“Similarly, Hillary Clinton is running for president of the United States and it’s in the public interest to know the extent of her brother’s relationship with North Korea and/or North Korea interests. How would this relationship impact Hillary Clinton’s decision making with respect to North Korea?” Bossie concluded.
Statement of Citizens United President David N. Bossie on the passing of Supreme Court Justice Antonin Scalia
America lost one of its treasures today with the passing of Supreme Court Justice Antonin Scalia. Since being appointed to the High Court by President Ronald Reagan thirty years ago, there was no greater defender of our justice system, the rule of law and the Constitution than Justice Scalia.
Justice Scalia was a shining example of American exceptionalism and his intellect on the bench was unmatched.
As a conservative American, I lost a hero today. Antonin Scalia can never truly be replaced and his service to our beloved country will never be forgotten.
May God bless the family of Justice Scalia at this very difficult time.