John Kerry on the Law

Paul Mirengoff, over at Power Line, highlighted this exchange between the guy who sits in the Secretary of State’s chair and Congressman Brad Sherman (D, CA) while Kerry testified before the House Foreign Relations Committee regarding the Iranian nuclear weapons deal.

Sherman: You strongly do not want [Congress] to override a presidential veto, but if we do, that triggers certain American laws…. You don’t want us to do it. You think its terrible policy. You think the rest of the world would be against us.

But let’s say Congress doesn’t take your advice—we override a veto—and the law that’s triggered then imposes certain sanctions. Will you follow the law even though you think it violates this agreement, and even if you think it’s absolutely terrible policy?

Kerry: I can’t begin to answer that at this point without consulting with the President and determining what the circumstances are.

Sherman: So you’re not committed to following the law?

Kerry: I’m not going to deal with a hypothetical, that’s all.

But, Skipper, what’s hypothetical about whether you’ll follow the law? And why do you need to consult with President Barack Obama before you’ll say whether you’ll follow the law or break it?

A Corrupt IRS

Two Congressmen have some concerns, and they want IRS Commissioner John Koskinen removed. Ron DeSantis (R, FL), House Oversight and Government Reform Subcommittee on National Security Chairman, and Jim Jordan (R, OH), Subcommittee on Health Care, Benefits and Administrative Rules Chairman, laid out their case in Monday’s Wall Street Journal. RTWT, but here are the highlights.

  • Failure to inform Congress. Koskinen concealed—during repeated sworn testimony—from Congress for four months his knowledge that the IRS that it had “lost” vast amounts of Lois Lerner’s (of “I didn’t do it” infamy) emails.
  • False testimony before Congress. One example: of the more than 1,000 computer backup tapes discovered by the IRS Inspector General, approximately 700 were available with their contents intact. Koskinen testified he had “confirmed” that all of the tapes were unrecoverable. Worse, those 700 intact backup tapes were found within 15 days of Koskinen’s informing Congress that they were not recoverable.
  • Failure to correct the record. After his false statements to Congress under oath, Koskinen refused to amend them when given the opportunity at a public hearing earlier this year.
  • Failure to reform the IRS to protect First Amendment rights. Koskinen still hasn’t acted on President Barack Obama’s May 2013 promise to “put in place new safeguards to make sure this kind of behavior cannot happen again.”

It’s not just Koskinen who needs to be fired—not allowed to retire, not allowed to resign, fired—though. IRS personnel cannot be trusted down to the worker bee accountants who do the actual work of checking tax returns. The breadth of IRS crimes—worthy of a RICO case, were it a private enterprise—renders the entire agency worthless. And that’s to the detriment of those worker bees.

More Dishonesty Regarding the Iran Nuclear Weapons Deal

Fred Leitz at National Review has identified a couple of secret—as in deliberately attempted to be kept secret from Congress—side deals. Senator Tom Cotton (R, AR) and Congressmen Mike Pompeo (R, KS) have gotten wind of them, too, though, so….

One of these side deals concerns inspection of the Parchin military base, where Iran reportedly has conducted explosive testing related to nuclear-warhead development. The Iranian government has refused to allow the IAEA to visit this site. Over the last several years, Iran has taken steps to clean up evidence of weapons-related activity at Parchin.

The other secret side deal concerns how the IAEA and Iran will resolve outstanding issues on possible military dimensions (PMDs) of Iran’s nuclear program. In late 2013, Iran agreed to resolve IAEA questions about nuclear weapons-related work in twelve areas. Iran only answered questions in one of these areas and rejected the rest as based on forgeries and fabrications.

President Barack Obama and his motorboat skipper occupant of SecState’s chair have kept these secret (unsuccessfully, it seems) from Congress. Of course, the administration denies this. They wouldn’t be secrets, if they talked about them, though.

It’s one more reason to toss this deal and then to override Obama’s veto of the tossing.

National Security Teams

USMC General Joseph Dunford, in a Senate confirmation hearing concerning his nomination as our new Joint Chiefs of Staff Chairman, had this to say about threats to our national security.

My assessment today…is that Russia presents the greatest threat to our national security.

So if you want to talk about a nation that could pose an existential threat to the United States, I’d have to point to Russia.

In Russia we have a nuclear power. We have one that not only has the capability to violate the sovereignty of our allies and to do things that are inconsistent with our national interests, but they’re in the process of doing so.

So if you want to talk about a nation that could pose an existential threat to the United States, I’d have to point to Russia. And if you look at their behavior, it’s nothing short of alarming[.]

To which President Barack Obama responded through his Press Secretary Josh Earnest:

Certainly, General Dunford is somebody who has spent a lot of time thinking about these issues and has his own view, but I think that he would be the first to admit that that reflects his own view and doesn’t necessarily reflect the consensus analysis of the President’s national security team[.]

What an alarming thing to say about his own national security team.

A Thought on Iron Curtains

Shortly after World War II, Winston Churchill spoke of an Iron Curtain descended across Europe. The curtain was made concrete with the erection by the Soviets of the Berlin Wall in 1961. The purpose of that wall was more than simply to divide the USSR and its occupied territories from the rest of Europe; it was to keep the people inside that wall—inside the USSR or those occupied territories—from leaving for a better place, for a place where freedom and individual choice could be had.

Shortly after our Revolutionary War, our Founders wrote, and We the People ratified, our Constitution and its attendant Bill of Rights, which include the 10th Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

So was born a Federation and ultimately 50 laboratories of democracy, particularly as described by Supreme Court Justice Louis Brandeis in New State Ice Co v Liebmann when he wrote in his dissent how a:

state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.

Now keep in mind the concern of John Jay who, while the Constitution was being drafted in those fateful summer days, considered that, in contrast to the failing Articles of Confederation, the States should be reduced to the same relationship to the proposed central government as counties then had relative to their States (although, in the event, he strongly advocated ratification of the Constitution itself):

merely as districts to facilitate the purposes of domestic order and good government.

Next, consider these activities of our Federal government:

  • it terminated the democratic discussion in progress among and within the several states concerning abortion and when it might be appropriate or inappropriate, nationalizing the thing in Roe.
  • it terminated the discussion in progress among and within the several states concerning the nature of marriage, nationalizing the thing in Obergefell.
  • it terminated the democratic discussion in progress among and within the several states concerning the provision of health care and of health insurance, nationalizing the thing with the Affordable Care Act.
  • it terminated the democratic discussion in progress among and within the several states concerning the market behavior of private enterprise, nationalizing the thing with Dodd-Frank.
  • it removed from all possibility of local discussion the relationship between private enterprise and private citizens with the creation of the wholly unaccountable Consumer Financial Protection Bureau.

The list goes on.

The USSR’s physical iron curtain was designed to keep people from leaving in an era when they had a place to go to. There is another kind of iron curtain, though.

Our government is no longer requiring—as the Constitution above it does in Article IV, Section 1—that every state honor the decisions of every other state. Rather, it’s demanding that every state behave the same as every other state.

With the reduction of our 50 laboratories of democracy to mere districts to facilitate the purposes of the Federal government, this government is erecting a legalist iron curtain by deprecating the 10th Amendment, and so denying Americans a place to go to, denying us any place more compatible with our individual views, needs, moral imperatives.