Here Comes the Extortion

Nice business you got there. Be too bad if it got shut down for some reason.

The United Steelworkers union told its workers at nine US refineries and chemical plants to strike early Sunday morning….

And they’ve gone ahead and walked out, trying to shut down nine refineries from Houston to LA. For demurring on paying the union vig. USW’s threat to the viability of these refineries ultimately could affect

30,000 workers at 230 refineries, oil terminals, pipelines, and petrochemical plants[.]

USW threatening the viability of a company for not paying up is an overstatement, you think? These refineries still have to make payroll—even of those union workers who no longer are working and earning their paychecks—they still have supplier bills to pay, they still have maintenance bills to pay, they still need to run their R&D programs, they still…. They can’t, though, if they can’t refine petroleum and have a product to sell to earn the revenue needed to pay those bills.

The USW knows that. It’s why they’ve chosen to strike—to attack the viability of their target companies and so to force their surrender.

In the final days of negotiations, the union rejected multiple offers from Shell, which led negotiations on behalf of US refinery operators.

Notwithstanding that, USW International President Leo Gerard claimed in wide-eyed innocence,

Shell refused to provide us with a counteroffer and left the bargaining table. We had no choice but to give notice of a work stoppage.

It’s time unions lost their exemption under the Clayton Antitrust Act, the successor law to the Sherman Antitrust Act which bars companies—and the USW is a company—from abusing their monopoly power. A monopoly power the USW clearly has with its near total control over the labor force of these refineries, and a monopoly power the USW clearly is abusing with its naked threat to the viability of those companies through its refusal to work—its refusal to let those companies earn the revenue they need to pay their bills.

Death Taxes

Or, as President Barack Obama likes to call them, “trust fund taxes.” Either way, it’s another Progressive attempt to steal the gains of one family—now with its parent safely dead—to transfer them to another group of “families” of whom Obama approves.

As the graph below demonstrates, this latest wealth “redistribution” grab by Obama would represent, if it’s passed, a 36% increase to a world-beating 68% of a family’s hard-earned accumulated prosperity.InternationalDeathTaxRates

Not even the famously social-tax heaven of the UK confiscates that much of a family’s wealth on the death, nor do the social democracy nations of France, Belgium, Spain, Finland, Norway, etc. Russia and the People’s Republic of China have no death taxes at all.

Here’s the deal:

Under current law, when a parent or grandparent dies, the increase in the valuation of his or her asset from when it was originally purchased is not taxed.

This is to offset the effects of the estate tax.

But

Obama’s plan would tax estates and impose the regular capital gains tax on inherited assets—a business, property, or stocks.

That business, far from being a Buffet’s holdings in Berkshire Hathaway, or a Gate’s holdings in Microsoft, is typically the family’s only asset: a mom and pop business that mom and/or pop have spent a lifetime building, with little to no outside cash available with which to pay the Obama vig. They’d have to sell the business; they’d have to sell their children’s future to pay up. That property usually is the family home, which the family finally was able to afford in the late afternoon of the deceased parent’s life. Those stocks…. No trust funds here.

But, no worries. Obama and his Democrat Party Know Better. Their money, temporarily reposing in our hands for a few years, will be well used. Obama says so.

The DoJ Strikes Again

This case involves a Bureau of Alcohol, Tobacco, Firearms and Explosives ex-agent who sued the BATF over its slander of him and its lack of adequate protection of him and his family after he’d done undercover work for the BATF in the Hell’s Angels motorcycle gang.

United States Court of Federal Claims Judge Francis M. Allegra opened his latest ruling in blunt terms:

On October 29, 2014, the court…issued an order voiding the prior judgment based upon indications that defendant [the United States; the BATF agent was the plaintiff], through its counsel, had committed fraud on the court.

Fraud on the court is an extremely serious bit of…miscreancy. As Allegra explained it,

Fraud on the court “is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury.”

It’s a direct attack on the ability of our judicial system to function at all; it’s not one litigant lying to the other in order to gain an advantage in a particular case.

The underlying case is an indication of the integrity of Attorney General Eric Holder’s DoJ, but I want to focus on the fraud on the court allegation. Allegra focused on two examples he found indicative of a pattern of fraud on the court perpetrated by Holder’s representatives in the case. The first is this:

Testimony at trial indicated that Valerie Bacon, an attorney in ATF’s Office of General Counsel, attempted to convince SAC Atteberry not to reopen the arson investigation [regarding the destruction of the BATF agent’s home, the blame for which was central to the agent’s slander beef]. In this regard, SAC Atteberry testified:

Q. . . . Did you get any kind of discouragement in any respect from anyone at ATF with respect to reopening this arson investigation?

A. Yes.

Q. Please explain.

A. I had a phone conversation, and I also believe I talked to her [Bacon] in person one time when she was in Phoenix, and I believe during the telephone conversation she made a comment to me that if you, meaning myself, reopen the investigation that would damage our civil case.

The existence of this illegal conversation was never passed to the court until Atteberry’s testimony. Indeed,

Defendant’s filings regarding this situation demonstrated not only that its counsel—including supervisors in the Civil Division, who received email communications on this topic from plaintiff’s counsel in March of 2013—were aware of Ms Bacon’s actions prior to the trial in this case, but did nothing to apprise the court of her actions or of the potential that the integrity of these proceedings were at risk.

And this instance:

…a taped conversation (a copy of which is part of the appellate record in this case), revealed that defendant’s [the United States, recall] attorneys may have committed other violations of the duty of candor, including a potential failure to advise the court that an ATF agent who testified in this case may have been threatened by another witness during the trial. The taped communication states that defendant’s counsel ordered the agent in question not to communicate the threat to the court and stated that there would be repercussions if the agent did not follow counsel’s instructions. This matter has since been referred to the Office of Professional Responsibility (OPR) at the Justice Department.

Notice that. However,

legal filings show that the agency soon suspended its investigation, saying it would wait to hear what Judge Allegra finds.

This is Eric Holder’s OPR, recall. It suspended the investigation which the judge had explicitly requested be carried out, not a file folder created and then…HIAed.

Unfortunately, the judge has no recourse other than the one he took: to address the matter to…Eric Holder. He did, though, bar the seven defense attorneys from appearing further in his court in connection with this case.

Fox News also asked Attorney General Eric Holder if the lawyers involved had been disciplined. The Department of Justice declined to comment.

Of course not.

The judge’s ruling can be seen here.

Because We’re Not Being Spied on Enough

The Justice Department has acknowledged constructing a database to track the movements of millions of vehicles across the U.S. in real time.

And

A Justice Department spokesman told Fox News that the tracking program is compliant with federal [law]… claiming it “includes protocols that limit who can access the database and all of the license plate information is deleted after 90 days.”

Perhaps (although with this Justice Department or this administration, that’s hard to see), but that doesn’t make it right, or consistent with the precepts of our Constitution. And how do we know the information is “deleted after 90 days?” We don’t know when it was collected, starting that clock. We have only the Eric Holder DoJ’s word that the data are deleted. We know from experience with IRS “lost emails” that “deleted” doesn’t necessarily mean deleted.

Another kicker:

It is not clear whether the tracking is overseen or approved by any court.

The Wall Street Journal had this from its original tale:

The primary goal of the license-plate tracking program, run by the Drug Enforcement Administration, is to seize cars, cash and other assets to combat drug trafficking, according to one government document. But the database’s use has expanded to hunt for vehicles associated with numerous other potential crimes, from kidnappings to killings to rape suspects, say people familiar with the matter.

The program’s current scope is this:

[It] collects data about vehicle movements, including time, direction and location, from high-tech cameras placed strategically on major highways. Many devices also record visual images of drivers and passengers, which are sometimes clear enough for investigators to confirm identities, according to DEA documents and people familiar with the program.

The documents show that the DEA also uses license-plate readers operated by state, local, and federal law-enforcement agencies to feed into its own network and create a far-reaching, constantly updating database of electronic eyes scanning traffic on the roads….

That’s the problem with a government program—it grows, it never shrinks, it never is eliminated. When the program is a secret one, its expansion is hard to discern, and the program is even harder for a free people to control. When the program is used to spy on the citizens, it’s extremely dangerous to our liberty.

What will happen when the program is further expanded—because anonymous donations to this or that political organization is viewed, by government, to be inimical? What will happen when the program is used to harass groups of Americans of whom the men in government disapprove, or of whom the men in government especially favor? Think that can’t happen? Look no further than this Justice Department and white voter intimidation by New Black Panthers and this DoJ’s avowed policy of not going after voter crimes involving white victims and black perpetrators. Look no further than this administration’s use of the IRS to go after political groups the White House doesn’t like.

Expansion of Ukraine Occupation

The Russian-backed (with 9,000 of their own) rebels in Ukraine and Ukraine signed a cease fire agreement in September, including an agreement to withdraw their respective artillery units from that cease fire line.

Having done that,

a rebel rocket attack early Saturday morning (24 Jan) killed 29 people [at least 30 according to Reuters] in the port city of Mariupol[]

which Russia has been trying to seize for some months pursuant to their effort to open a land route to Russian-occupied Crimea. The day before,

[T]he rebels rejected a [renewed] peace deal and said they were going on a multi-prong offensive against the government in Kiev to vastly increase their territory.

Alexander Zakharchenko, leader of the Russian-backed Donetsk People’s Republic said this of the Russian/separatist forces’ plans:

Today an offensive was launched on Mariupol. This will be the best possible monument to all our dead because we will avenge them all[.]

So much for the value of a Russian commitment.