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.

Democrats and Planned Parenthood

The Senate failed a cloture vote on a bill related to one already passed by the House that would have diverted some $550 billion of American taxpayer money from Planned Parenthood and sent it, instead, to a number of other women’s health facilities around the country, facilities that don’t do abortions. The bill would have preserved access to health care for women who need it and don’t have, for instance, the economic resources to get it. As a result of the failure, the bill is near death—Majority Leader Mitch McConnell (R, KY) voted against it when it became clear it would fail; his vote means he can bring it up again this session. He and his fellow Republicans have said the question is far from dead.

The Senate Democrats who caused the cloture vote to fail, though, did so explicitly because they want that money to keep going to Planned Parenthood. The key distinction between Planned Parenthood and the other women’s health facilities? One dissects aborted babies’ bodies for parts, and the others do not abort babies in the first place.

So much for any war on women. Sending money to women’s health facilities—regardless of whether you think the Federal government should be doing that at all—hardly constitutes a war on women.

Never mind, too, the increased risk of breast cancer that women face from pregnancies that are catastrophically interrupted (from any of a variety of causes of which abortion is one).

The Democrats’ war on babies, though….

“Gig” Economy Workers

These unfortunates are exploited by evil startup companies. Or so say unions, plaintiffs’ lawyers, and Democrats looking to maintain the dependency of others on them in government.

In the last year such companies as Uber, Lyft, HandyBook, Instacart, Postmates and Try Caviar have been slapped with lawsuits arguing that they have misclassified workers as “independent contractors,” which aren’t covered by most federal and state labor regulations.

Another startup, Homejoy Inc, has shut down because it couldn’t raise its next round of capital due to such suits.

The nuisance suits also demand such union froo-froo as

…backpay for overtime, workers compensation, unemployment insurance, unpaid meal breaks and business expenses. Homejoy was accused of not providing 30-minute meal breaks every five hours.

All of these things, all of the gig economy businesses, give initial or additional income to the folks doing the work. The business model also threatens the viability of unions and Democrats while representing money-making opportunities for the plaintiff’s lawyers, so it’s open season on these companies.

Never mind that the income these folks earn is more than the zero income they’ll earn after they’re priced out of jobs by unions; the startups that gave them their gigs have been closed down by plaintiffs’ lawyers looking for a fee, eliminating those gigs, and Democrats’ labor rules have made it the more difficult for startups to start.

None of that matters. All that matters is union and Democrat power and those fees.

Some Duplicity in Obamacare

Recall that a while ago, in 2014, the GAO ran some tests of Obamacare: they set up 12 fake persons with invalid Social Security numbers, fake citizenship, and/or false income claims. Eleven of these got coverage, several of them got subsidies, many of them got renewed for this year, and some of the renewals got increased subsidies.

…officials running Obamacare told the GAO they possess “limited ability to respond to attempts at fraud….”

Worse, these guys added in wide-eyed innocence

that measures to ensure program integrity would undermine “consumers’ ability to ‘effectively and efficiently’ select Marketplace [Obamacare] coverage.”

It’s like voter ID: if we protect the sanctity of an American’s vote, the Democrats’ favorite demographic—the frauds—won’t be able to vote Democratic.