Ethics

Akaka Bill passes House (again).  Passage in Senate is doubtful as several GOP Senators have placed "holds" on bill or have pledged to do so.

Flacking for President Barack Obama's "new" health care plan, White House Press Secretary Robert Gibbs told reporters assembled for yesterday's press briefing: "The president posted ideas of his on the White House website today. We hope Republicans will post their ideas either on their website, or we'd be happy to post them on ours, so that the American people could come to one location and find out the parameters of what will largely be discussed on Thursday." And this might have been a small bit of successful Obama administration gamesmanship on health care and transparency in government except for one small problem: reality. Not only do House Republicans already have their own health care plan, not only is it already available online, but the White House's own website already links to it!

• New, Undefined Sovereign Powers
• Immunity from lawsuits
• New Membership Criteria
• Lack of Definitions

Once Washington formally recognized the fledgling Native Hawaiian governing entity, that entity would have . . .

 “inherent power and authority to determine its own membership criteria, to determine its own membership, and to grant, deny, revoke, or qualify membership without regard to whether any person was or was not deemed to be a qualified Native Hawaiian constituent under this Act” (emphasis added)

Should the Native Hawaiian governing entity unlawfully establish a casino despite Section 10(a) of the rewritten bill, then Section 9(c)(3)(H) of the rewritten bill could prevent the State of Hawaii from going to court to shut-down the illegal gaming operation....

This potential loophole is not an invented fantasy.  Over the years, there have been Indian casinos operating without state-approved compacts and in violation of state law.  If Congress passes the rewritten bill with this loophole, then the only authority that the State of Hawaii and its citizens could have to rely on to stop the illegal operation would be the federal government, which has been lax in acting on such matters.

Well, I’m certainly pro-transit. I think a rail system in some configuration would be good for us; but I want to make certain we can afford it over the long-term.

I wanted to be able to look him in the eye and say, “Look, this is not politics. This is the most expensive transit project in the history of America.  Per-capita there is no system that has cost this much in such a small population base as Hawai‘i and people need to realize that. 

When I said that to him, he did not respond back or challenge that fact; and it is a fact.

“The basic problem as I see it, is that in the current version of the bill, the ‘governmental’ (non-commercial) activities of the Native Hawaiian governing entity, its employees, and its officers, will be almost completely free from State and County regulation, including free from those laws and rules that protect the health and safety of Hawai‘i's people, and protect the environment. ’Governmental’ activity is a broad undefined term that can encompass almost any non-commercial activity.

“This structure will, in my opinion, promote divisiveness and litigation, rather than negotiation and resolution. 

“I do not believe such a structure, of two completely different sets of rules – one for ‘governmental’ activities of the Native Hawaiian governing entity and its officers and employees, and one for everyone else – makes sense for Hawai‘i. 

“In addition, under the current bill, the Native Hawaiian governing entity has almost complete sovereign immunity from lawsuits, including from ordinary tort and contract lawsuits, and I do not believe this makes sense for the people of Hawai‘i.

By a voice vote, the House Rules Committee today authorized Rep Neil Abercrombie (D-HI) to introduce a “substitute amendment” which replaces the old version of the Akaka Bill (HR2314) passed in December by the House Committee on Natural Resources.  As a result of today’s vote, Abercrombie’s new version of the Akaka Bill will go directly to the floor of the House.

The Court held that the Congress cannot create an Indian tribe where one does not exist, but can rather, only recognize groups who have long operated as a tribe with a preexisting political structure . . .

Even though the House Rules Committee will take up this bill tonight at 5 pm and the full House may vote on the bill as soon as tomorrow, Natural Resources Committee Republicans are believed to be the only entity providing the public with the new legislative language as it is currently unavailable on the majority’s House Rules Committee website and Natural Resources Committee website.

“Bennett said the state's concerns about the Obama administration's language have been addressed by the parties.  However, he said, the state still has strong objections to clauses in the new draft that could give immunity from state law to the entity, its employees and officers while they are conducting government activity.”

The New York Times reported this past Friday that the White House is drafting, and will release this morning, a final health care bill they expect Congress to pass quickly. And this bill is specifically designed to pass without any conservative support:

Democratic officials said the president’s proposal was being written so that it could be attached to a budget bill as a way of averting a Republican filibuster in the Senate. The procedure, known as budget reconciliation, would let Democrats advance the bill with a simple majority rather than a 60-vote supermajority.

And a "simple majority" does not mean they need 51 Senators. The nuclear option the White House is now pushing, reconciliation, only requires the Obama administration to muster 50 votes before Vice President Joe Biden can cast a tie breaking vote in favor of a government takeover of health care.

“I let the Secretary know that we would be doing a separate, independent financial analysis of the plan for the rail, and I suggested to him that we take our financial analysis and the one that they will have done – that the government requires at the federal level – and share that information so we’re all working from the same set of numbers. They agreed that it’s important for the public to have really one set of numbers that they’re looking at. So when people want to judge whether it can be afforded over the long term or not, at least we're talking about the same numbers. I think that was very, very important today,” the Governor said.

(No mention of Monday's Akaka Bill hearing in this news release.  A sign of gubernatorial displeasure with the latest version?)

Contrary to popular opinion, Indian reservations have a history in Hawaii. An Oct. 12, 1999, article in the Honolulu Star-Bulletin describes the efforts of Kamehameha Schools/Bishop Estate (KSBE) trustees in 1995 to evade oversight of their corrupt doings. The Trustees’ self-serving investments caused losses of $264,090,257 in 1994 alone. To avoid scrutiny, they considered moving KSBE corporate headquarters out of Hawaii to the windswept plains of the Cheyenne River Sioux Indian reservation in South Dakota.

With the discovery of oil the U.S. government became intensely interested in settling the land claims. In 1971, in a special convention of the Alaska Federation of Natives Association five hundred and eleven (511) delegates approved the final draft of a Congressional legislative settlement. Fifty-six (56) delegates voted against the settlement. (Delegates from the North Slope made up a disproportionate number of those opposed.) It is also worth noting that President Nixon, even before the vote of the Alaska Federation of Natives, had already signed the legislation into law.

The legitimacy of the vote, with five hundred and sixty seven delegates representing all Native peoples, was questioned at the time and is still. There were no village meetings; the vote was never ratified or debated by Alaska Native communities or individuals. The discovery of oil had moved the resolution of land claims to 'fast forward'. Many would say that the political process was hijacked.

Rep Neil Abercrombie (D-HI) is preparing to introduce a third version of the Akaka Bill in the US House to replace the existing text of HR 2314.  And, according to one source, staffers in the office of Senator Dan Akaka (D-HI) are writing an amended version of S1011 to introduce in the Senate in place of the bill passed by the Senate Committee on Indian Affairs.

On Monday February 22 at 5PM EST (12 Noon HST) the House Rules Committee will consider allowing Abercrombie to amend the old version of the Akaka Bill with the latest new version.

There are some no-cost measures our federal government could take that could create the space for American entrepreneurship and private investment, resulting in real long-term job growth. Heritage fellow James Sherk identifies eight such measures . . .

WASHINGTON, D.C. – After House and Senate Committees approved two different versions of the Native Hawaiian Government Reorganization Act of 2009 (Akaka bill) last December, House Democrats have now released another rewritten version of this bill.  The House is expected to vote on the latest altered text next week.

Abercrombie admits the “15,000 jobs” created by stimulus in Hawaii claim comes from “a template going out all across the country” and explains:  "This kind of stuff is dysfunctional.  It further demoralizes the population.  It makes people sick of politicians.”   (Then why’d you vote for it Neil?)

Yesterday, I joined a broad coalition of conservative leaders representing a wide spectrum of the movement including fiscal, social, cultural and national security conservatives, to sign The Mount Vernon Statement. In light of the challenges facing the country and the need for clarity, we needed to produce this defining statement of conservative beliefs, values and principles. It is the culmination of a thoughtful deliberation about our nation’s principles. I was proud to participate in that discussion, and to chair the committee that drafted the statement.

As of fiscal year 2007, Hawaii—like 19 other states—had failed to sock away any assets to cover this long-term bill coming due. Relative to the size of its payroll and population, it has one of the greatest burdens—$10.8 billion—of any state in the country.

WASHINGTON (AP) - Law officials have identified the pilot who crashed into an Austin, Texas IRS building as Joseph Stack and say he left an angry letter on his company website.

“Once again the Democrat majority is writing bills behind closed doors without any contribution or consideration from the minority.  When the Native Hawaiian bill passed out of the Natural Resources Committee in December, it was clear there was more work to be done before the bill was brought before the full House and I asked that everyone have the opportunity to thoroughly review and comment on any changes—obviously that request hasn’t been met when the House is expected to be voting in a few days and we don’t even have a copy of the rewritten bill."

As newspapers across the country have noted this morning, President Obama's nuclear loan guarantee announcement is really nothing more than a transparently cynical attempt to revive his moribund cap-and-trade/energy tax proposals currently languishing in the Senate.

At the one year mark unemployment is now 9.7%, after rising above 10%, and the U.S. economy has lost 4 million jobs leaving the White House 9 million jobs short of the 138.6 million they promised to deliver by December of this year. By any objective measure President Obama's $862 billion stimulus must be judged as a complete failure.  

Undeterred by these facts, the White House Council of Economic Advisers (CEA) published a report on the economic effects of the Administration's economic stimulus plan claiming that there are 2 million more jobs in the economy than there otherwise would have been had the President's stimulus not become law.

  ‘LAVA DOGS’, the 1st Battalion 3rd MARINES, and other forces deployed into Helmand Prov. AFG.  Lava Dogs are from Marine Corps Base, Hawaii and trained for Afghan combat at Pohakuloa last July. 

The third Monday in February has come to be known—wrongly—as President’s Day. But, this is not a day to celebrate every president in our Nation’s history: like one who served only a month in office. This is the day that we celebrate the man who led America to victory in the War for Independence, who was instrumental in the creation of our Constitution, and whose character forever shaped the executive branch. We celebrate George Washington. That’s why it’s Washington’s Birthday; not President’s day.

WHEREAS, according to the World Health Organization, 1.6 billion people do not have adequate food and clean water; and

WHEREAS, global governance related to global warming and reduction of CO2 would ultimately lock billions of human beings into long-term poverty:

In the wake of last year's "endangerment finding," the EPA now has the authority to regulate carbon dioxide under the Clean Air Act. But the Clean Air Act was designed to address specific pollutants, and its sweeping one-size-fits all regulation was not meant to address carbon dioxide.

To prevent a major power grab by unelected government bureaucrats, Senator Lisa Murkowski (R-Alaska) has introduced a resolution of disapproval to keep the EPA from moving forward on its own while Congress continues to debate the issue.

Yesterday in Tehran's Azadi Square, hundreds of thousands of Iranians turned out to listen to President Mahmoud Ahmadinejad's speech marking the 31st anniversary of the Islamic Revolution. Ahmadinejad did not disappoint the adoring crowd, defiantly announcing that Iran had become a "nuclear state," adding: "The Iranian nation is brave enough that if one day we wanted to create an atomic bomb, we would announce it publicly and would create it."

Challenged to stay in the US House in order to provide President Barack Obama with the deciding vote in favor of any Obamacare compromise, Neil Abercrombie has refused.  Naturally, the drama—which could be very damaging to Abercrombie’s standing among Hawaii Democrats—has played out with only the barest notice in Hawaii media.

Considering that NBC/GE  has already received billions in TARP bailout cash from the Obama administration and is actively lobbying for a global warming energy tax bill so that it can receive billions more in government green-energy subsidies on top of the millions it already receives, we are sure to hear lots from NBC announcers about how the lack of snow in Vancouver is just another reason Washington needs to act now to stop global warming.

But back in Washington, the global warming scare-monger crowd is singing a slightly different tune. Facing record snowfalls, Time is reporting: "Snowstorm: East Coast Blizzard Tied to Climate Change." But do not confuse this headline with Robert F. Kennedy Jr.'s column from two years ago claiming that global warming was causing "anemic winters" in the Washington region.

Yesterday, USA Today ran an editorial on the Obama administration's handling of terrorism, writing: "Officials’ handling of Christmas Day attack looks like amateur hour." Graciously given the space to respond to this charge, Obama administration Deputy National Security Adviser for Homeland Security and Counterterrorism John Brennan replied: "Politically motivated criticism and unfounded fear-mongering only serve the goals of al-Qaeda."

The Las Vegas Sun reported this weekend that big labor leaders are pushing to include their long-sought "card check" provisions into Obama's Second Stimulus. This legislation would effectively end a worker's right to fight unionization through secret ballot elections, would give the federal government the power to run small businesses and would cost the American economy thousands of jobs.

Charles Djou has proven leadership abilities during his service in the Hawaii State House, the Honolulu City Council, and as an officer in the U.S. Army Reserve. The three biggest industries in the First District are tourism, defense and construction and Djou has experience in all three – serves Waikiki (tourism center) in the City Council, serves in the U.S. Army Reserves and was General Counsel at a Hawaii construction company.  He looks forward to continuing to advocate fiscal responsibility and ethics reform when he gets to Washington, as he has never voted for a tax increase and led the fight against corruption in Hawaii.

Right before the Super Bowl, President Barack Obama spoke about health care reform with CBS News' Katie Couric: "I want to come back and have a large meeting, Republicans and Democrats, to go through systematically all the best ideas that are out there and move it forward."

According to aides, the President envisions a half-day meeting on February 25th held in Blair House (a building across the street from the White House) presumably televised by C-SPAN. President Obama's conciliatory rhetoric aside, everyone knows this publicity stunt has nothing to do with actually considering conservative health care reform ideas and everything to do with the appearance of transparency and bipartisanship.

In the face of RNC leaders’ optimism about Republican chances in November, the Washington Times has reached out to some odd sources in its search for evidence of Republican dissension.

Hawaii Legislature's own papermill.  Built by feeeel-goood fake environmentalism.

Holder replied: "Well, I mean, it's hard to interrogate him at this point now that he has a lawyer and now that he is here in the United States. But to the extent that we can get information from him, I think we should."

Meanwhile, one of Djou's consultants is actively encouraging the comparisons. In a memo released this week, web strategist Patrick Ruffini touted Djou's potential as the candidate next able to take down a Dem-held seat.

"As in Massachusetts, Charles Djou is strongly positioned to benefit from 'perfect storm' conditions that include a great candidate, message, and organization, the district's recent history of Republican voting, and Hawaii's unique special election rules," Ruffini wrote. Djou's win, Ruffini wrote, would "once again shock the political world."

FreedomWorks is supporting grassroots Americans in an effort to re-ignite the protests against big government in 2010. The first national day of protests will be this Feb. 27th in cities across the country. If you have not heard about a protest in your community, please connect with others and organize one.

And just where does the President plan to get this new $30 billion? The President explained yesterday: "This proposal takes the money that was repaid by Wall Street banks to provide capital for community banks on Main Street." In other words, TARP - the $700 billion Troubled Asset Relief Program first signed into law by President George Bush, and then used by Treasury Secretary Hank Paulson to force many financial firms into taking taxpayer money they never wanted in the first place.

After a year of fairly steady criticism from the right, the Obama foreign policy received a second look--and a wave of rather favorable consideration--after his Nobel Peace Prize acceptance speech in Oslo, in which he acknowledged the existence of evil, the importance of America in sustaining peace, and the occasional necessity to wage war. This led to some enthusiastic talk about a new Obama Doctrine variously described as a kind of Christian realism, Niebuhrian tragic-mindedness, or a fusion of realism and idealism.

I hate to rain on this parade, but I find it hard to join the general swooning over this newfound foreign policy sophistication. It's good that we have a President who says publicly that Gandhi would not have done very well against Hitler, but is this really a great philosophical advance? For a President of the United States? It's the kind of issue that you dispose of in your first bull session in the freshman dorm.

“Imagine the narrative coming on the heels of Scott Brown; a Republican wins in Obama’s home congressional district,” said Dave Wasserman, House editor at the Cook Political Report. Wasserman said the open format of the special election without a primary or run-off gives Djou a shot at pulling off an upset in what until recently had been considered a  safe Democratic seat.

“The mood of the country is clearly trending away from the establishment to candidates running against the majority. I also think the dynamics of this special election work well for me,” Djou said.

We are pleased that FTA Administrator Peter Rogoff confirmed the federal government is continuing to work with the city to strengthen the financial plan and that they will evaluate a new financial plan when the city submits its application for the final design.

We are also pleased that Administrator Rogoff recognizes my role in the approval process and understands why I will move forward on an independent review to ensure the financial viability of the project.

It is very likely that the public option could have passed the Senate, if brought up under majority-vote “budget reconciliation” rules. While there were valid reasons stated for not using reconciliation before, especially given that some important provisions of health care reform wouldn’t qualify under the reconciliation rules, those reasons no longer exist. The public option would clearly qualify as budget-related under reconciliation, and with the majority support it has garnered in the Senate, it should be included in any healthcare reform legislation that moves under reconciliation.

As Democrats forge “the path forward” on health care, we believe that passing the public option through reconciliation should be part of that path. We urge you to favorably consider our request to include a public option in the reconciliation process.

NOTE:  Reuters now declares this story to be "wrong."   HFP is keeping this story up so readers may understand the controversy over the story.

“The spending bills that you've signed into law, the domestic discretionary spending has been increased by 84 percent. You now want to freeze spending at this elevated level beginning next year. ... So my question is, why not start freezing spending now?"

Washington, DC February 1: President Barack Obama will submit a $3.8 trillion budget proposal for fiscal 2011 to Congress today. One might hope that given last year's $1.4 trillion budget deficit was an all-time high and the President promised a spending "freeze" in last week's State of the Union, this budget might signal a change in direction from the White House. No such luck. President Obama's new budget is full of billions of dollars in new spending for failed government programs, higher taxes on American families and businesses, and deficit spending for as far as the eye can see.

Thursday, the White House ordered the Department of Justice to begin considering places other than New York City to host the civilian criminal trial of 9/11 mastermind Khalid Sheikh Mohammed and four other terrorists. The New York Times describes a decision to move the trials out of New York as "a retreat by the administration" and reported that the Obama administration "was scrambling" to find a new way forward.