Tag Archives: ethics

Democratic Party Lawfare

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The Missouri state legislature has a supermajority of Republicans in the House.  And legislator, of any party, can require a bill to be read aloud on the House floor prior to the House’s final vote on it.  Last spring, Democratic Party legislators initiated a filibuster by requiring each bill being brought up for its final vote to be read aloud.  So far, so good.  The Republican Speaker one-upped the Democrats by having the bills read by computer with the speed control dialed up.  Again, so far, so good.

But, since the Democrats lost their dispute from within the House, they’ve sued in open court.  They know they have no case, but they didn’t get their way, so they’re trying to go around the House rules—rules to which both parties agreed when the rules were developed and then adopted—to impose their way.

They have no case?  They have no case because legislatures set their own rules for how they’ll conduct their legislative business; courts have no jurisdiction here.  Even the Missouri Supreme Court seems to be recognizing that.

The court said weeks ago that justices…will quiz attorneys about how the Legislature conducts its own business, and they will consider whether the judicial branch has any say in settling a dispute among lawmakers.

This is what we can look forward to in the Federal government, too, as demonstrated by the recent Democratic Party’s calculated cancelation of democracy in the Federal House of Representatives by preventing the people’s business from being done in the People’s House because they couldn’t get their way.  This was demonstrated earlier, too, as Democrats left Wisconsin and Indiana explicitly to prevent those legislatures from conducting the people’s business because the Democrats couldn’t impose their will.  It’ll only get worse under a third Democratic Party-controlled White House and Democratic Party-controlled Congress.

If we Democrats can’t get our way, there’ll be no democracy for you.

Why is this even a Question?

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Republicans officially petitioned the administration Thursday to deny Hillary Clinton access to secret information as Democrats’ presidential nominee, and some GOP lawmakers said if the intelligence community won’t do it, they’ll pass a bill to do it themselves.

Oh, wait—it’s a question because

The White House has said it won’t deny Mrs Clinton access….

On the excuse of tradition, don’t you know.

Never mind the tradition, and the requirement in most serious security régimes—like in a government—of revoking existing security clearances and denying further access to those who’ve committed security violations as egregious as even FBI Director James Comey has documented Clinton having done.

Some rules, some traditions, just don’t apply.  Not when they’re inconvenient.

Permanent Court of Arbitration Demurs

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This Hague Court has been hearing the Philippines’ complaint about the People’s Republic of China’s invasion and seizure of the South China Sea, an invasion that occurred at the direct and deliberate expense of the Philippines, Vietnam, Brunei, and other nations rimming this Sea.  It ruled against the PRC, publishing its unanimous ruling last Tuesday.  In its essence, the Court has ruled that the PRC’s Nine-Dash Line, which the PRC used to define the extent of its manufactured historical claim…couldn’t hold water.

China’s claims to historic and economic rights in most of the South China Sea have no legal basis….

And even further,

China [isn’t] entitled to an exclusive economic zone, or EEZ, extending up to 200 nautical miles from any outcrop in the Spratlys archipelago including the largest, Itu Aba, which is claimed by China but controlled by Taiwan.

The EEZ aspect of the ruling is important in another way, too: it renders the PRC’s terraforming, including its military base building illegal.

This will have implications, too, for the legality of PRC behavior and military buildup in the Paracel Islands off the Vietnamese coast and which are claimed by Vietnam and for PRC occupation efforts in Scarborough Shoal, which are Philippine islands.

With the PRC’s Foreign Minister’s office officially rejecting the Court’s ruling, we now can expect an accelerated military buildup throughout the Sea and more aggressive behavior by the PRC’s navy and air force.

Climate and Lawless Democrats

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Recall that Democratic Party State Attorneys General and the Virgin Islands territorial Attorney General have subpoenaed private enterprises for all correspondence related to objections to political agendas touting climate warming and the need to redistribute wealth to “green” energy crony companies.  These subpoenas are intended to gain access to correspondence with anyone at all, and the companies have been threatened by these AGs with RICO proceedings if the victim target companies don’t comply.

In response to that, several of those target companies have countersued, demanding the AGs’ documents related to the AG cases, among other things under FOIA.  The AGs have refused to supply the requested documents, citing…secrecy.

Democratic attorneys general led by New York’s Eric Schneiderman are seeking to block efforts to obtain documents about their efforts by invoking an overbroad claim to secrecy in ongoing legal proceedings, according to the Energy and Environment (E&E) Legal Institute.

According to Chris Horner of E&E,

These activist AGs are trying to write themselves out from freedom of information laws their legislatures have written them into.  …they are hiding behavior that seems to be precisely the sort of abuse lawmakers sought to expose to sunlight when deciding to cover their States’ chief law enforcement officers under FOIA laws….

In fact, these AGs appear to have preemptively colluded in their secrecy.  The AGs involved

circulated a common interest agreement in March that detailed their cooperation in the Exxon matter.  It explicitly prohibited signatories from sharing information about the legal campaign.

The agreement stipulated that if any relevant information “is demanded under a public records law, the party receiving the request shall … refuse to disclose any shared information unless otherwise required by law.”

Oddly, that agreement was discovered in the course of a prior E&E FOIA request; hence the apparent effort to ignore current FOIAs.

Because facts upset their predetermined narrative and undermine their political standing.

State Department Insecurity

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Regardless of what one might think about the FBI’s decision to let ex-Secretary of State and Democratic Party Presidential nominee Hillary Clinton escape prosecution over her handling of State Department emails on her unsecured personal email server, you’d think the hoo-raw over the matter for all this time at least would prompt State to take seriously Department handling of emails.

You’d think wrong.

State’s Inspector General has issued a report that, in its totality, shows that the State Department just doesn’t care about national secrets, to the point of not even troubling itself to shut down unused email accounts.  This despite repeated “suggestions” that they do just that.

The report, titled Management Assistance Report: Inactive Accounts Within the Department of State’s Active Directory, has this in its opening paragraphs.

Acting on behalf of the Office of Inspector General (OIG), Office of Audits, Williams, Adley & Company-DC, LLP (Williams Adley), an independent public accounting firm, evaluated whether the Department disabled inactive AD user accounts in accordance with its internal policies.  …  The Department’s AD account policy states that Department officials should disable inactive user accounts after 90 or more days.

Nope.

Of the 40,794 domestic AD accounts tested for this audit, Williams Adley found 2,601 (6.4%) had not been disabled after 90 days of inactivity. Of the 2,601 inactive accounts, 1,932 (74%) accounts were inactive for more than 1 year….

This has been an ongoing passive-aggressive resistance problem [SBU means “Sensitive but Unclassified;” its line-out in the original means the indicated paragraph has been completely declassified so the public can see it].

(SBU) OIG reported a similar deficiency in its FY 2015 Federal Information Security Management Act audit report.

And

(SBU) In its 2014 report on AD, OIG stated that the deficiencies it identified with AD Rights Management primarily occurred because IRM had not established a governance structure or strategy to ensure that AD Rights Management was implemented and managed consistently.

The report concludes with these two tidbits tied back to an earlier recommendation [Emphasis within the paragraphs added by me.]

Recommendation 1: (SBU) OIG recommends that the Bureau of Information Resource Management amend the “Program Management Plan for PIV Login to OpenNet Deployment” to address the identification and removal process of mailbox, service, and terminated user accounts.

Management Response (April 2016): (SBU) IRM non-concurs with this recommendation. The Program Management Plan for PIV Login was created to deploy and implement PIV domestically and overseas. Now that IRM has completed that goal, the plan has been completed and does not lend itself to amendment.

In other words, State considers complying—to set out instructions for complete removal of these accounts—to be too much like work.

Recommendation 2: (SBU) OIG recommends that the Bureau of Information Resource Management implement the new guidance from the “Program Management Plan for PIV Login to OpenNet Deployment,” once amended in response to Recommendation 1 of this report.

Management Response (April 2016): (SBU) IRM non-concurs with this recommendation. The Program Management Plan for PIV Login was created to deploy and implement PIV domestically and overseas. Now that IRM has completed that goal, the plan has been completed and does not lend itself to amendment.

Again, that’s just too much like work.

The State Department needs a complete housecleaning, including a complete turnover of non-Foreign Service personnel.

Elections have consequences.