Another Thought on SEC “Courts”

The SEC runs its own courts as it looks to punish those it has decided have engaged in civilly, if not criminally, wrong doings. As I’ve written before, the SEC brings its cases, appoints and pays the judges who’ll adjudicate the cases, and it has first say on any appeals.

In just such a case, an accused person facing a flipped witness (one to whom the SEC has made certain blandishments regarding is own misbehaviors in return for his testimony against a fellow misbehaver) is worried about the effects of those blandishments over the course of his trial.

Critics…worry that key safeguards on the use of cooperators in criminal cases are lacking in the SEC’s administrative courts, where the agency…[has] the power to decide what to fine the cooperator after he or she testifies.

The agency’s multiple roles strike at the “fundamental fairness” of its hearings, violating the checks and balances required by the constitution, [accused’s’] lawyers said in a court filing.

Because the SEC is in an even better position—its in-house position—to effectively “encourage” proper testimony from its “cooperating” witnesses than are prosecutors in actual State or Federal trial courts.

Naturally, the presiding SEC administrative judge demurs.

The SEC in-house judge overseeing the case rejected this argument, saying it was an “attack on the administrative framework” of the SEC’s internal tribunal.

Well, NSS. It’s a valid attack, too, against a tribunal sorely lacking in fairness, much less due process.

Party Apparatchik

…PRC style. The truth police are there to help.

China’s government will set up cybersecurity police units at major Internet companies, in Beijing’s latest move to tighten control over the country’s online forums.

And

China’s Ministry of Public Security didn’t say which companies will have the new police units.

The modern version of Партийных аппаратчиков.

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.

Change the Subject

At the Federal level, Republicans in Congress are attempting to take national-level steps to curb union abuses of members and nonmembers. The particular abuse is union use of dues to fund a particular party’s candidates, whether the union members support that party or candidate or not for now, at least, the Congress is ignoring union states’ practice of collecting dues from non-union members—which the employees are required to pay as a condition of keeping their jobs—and using those coerced dues also for political work rather than union activities related to work).

The Employee Rights Act, introduced Monday by Senator Orrin Hatch (R, UT) and Congressman Tom Price (R, GA), would allow union members to tell their bosses they don’t want their share of dues going to certain candidates or causes, without fear of retaliation.

The response?

…Democratic strategists are accusing Republicans of ignoring the needs of hardworking union members, and instead just trying to re-route sizable campaign contributions.

Don’t address the subject of the bill. Talk about “rerouting.” Never mind that the bill doesn’t reroute a penny of union money.

Never mind, too, that the bill takes care of the “needs of hardworking union members,” particularly those hard workers who don’t want their dues to go to political causes they don’t support.

Projecting Again

Recall the union violence threatened and inflicted in Wisconsin when Governor Scott Walker (R) was working to break union strangleholds on the state government and local school districts.

Now, in nearby Illinois, we get this.

The American Federation of State, County and Municipal Employees union sent a memo to its members expressing fear that in the face of union intransigence in negotiations with the State’s government, Governor Bruce Rauner (R) might use the National Guard and retired state workers to keep the government open should the AFSCME decide to strike.

Of what is the union afraid? That the work might actually get done, despite the union’s extortion attempt strike?

Or that the Guard might inflict violence on the strikers? If this, then it seems the union is projecting.