Ethics

This morning just after 7 AM EST, the United States Senate passed, again on a straight party-line vote, President Barack Obama’s health insurance bill. Originally scheduled for a 9 PM vote tonight, the bill’s Senate passage is a welcome Christmas gift for a beleaguered White House. However, as the First Family jets off for Hawaii, the American people, liberals, moderates, and conservatives are all saying this bill is closer to a lump of coal in their stocking than real health care reform.

The non-partisan Congressional Budget Office (CBO) wrote in 1994: “A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States.”

The first special U.S. House election of 2010 will be held in the 1st District (Honolulu) of the state that claims Barack Obama as a native son. And this is what makes the upcoming contest most interesting: It could well be won by a Republican.

This morning at around 8 AM, the Senate passed, again on a straight party-line vote, Majority Leader Harry Reid’s (D-NV) manager’s amendment to the Senate’s version of Obamacare. This keeps the Senate on pace to pass the bill at 9 PM on Christmas Eve despite the fact that Americans overwhelmingly opposed the legislation. But even after the Senate gives President Barack Obama his $2.5 trillion Christmas present, the bill, assuming it is to be considered in regular order, still must go through a House and Senate conference.

Interviewed by The Hill, December 18 Case says: "I’ve never ruled out the Senate.  If there is that opportunity, I’m not going to sit here at the end of 2009 and say I’m not going to be a candidate.”

This bill will only make every single problem with our health care system worse: higher spending, higher deficits, and worse care. Former-Democratic National Committee Chair Howard Dean said on Meet the Press yesterday, “[This bill] simply sets us on a track in this country which is expensive and where we’re going to have lots more political fights.” Dean is dead on. President Barack Obama’s signature on this health care bill settles nothing: it is only the beginning of a much larger health care fight.

A cloture vote limits debate to 30 hours.  The next vote can be held as early as 7am (EST) Tuesday morning (2AM HST).  A third vote would be held thirty hours later at 1PM (EST) Wednesday (8AM HST) followed by the final vote, which requires only a simple majority at roughly 7PM (EST) Christmas Eve (2PM HST).  Each of the two remaining cloture votes requires that all 60 Democrats show up.  If one Democrat misses the vote or changes his vote, the entire bill fails.

FreedomWorks has learned that it is Reid's intention to bring up the decisive cloture vote for the Left’s proposed government takeover of America’s health care system at 1:00 AM (EST) Monday Morning  (8PM HST).

With President Bush no longer wielding a veto and a Hawaiian in the White House, Democrats would need to stumble badly to botch the passage of the Native Hawaiian Government Reorganization Act. Fortunately for conservatives, that's exactly what's happening.

Throughout the conference, one of the biggest obstacles to an agreement was the insistence of developing nations that rich countries sign a binding treaty that included a large transfer of wealth to the developing world. If there were any doubts that wealth distribution was at the heart of climate cap-and-trade agreements, President of the Bolivarian Republic of Venezuela Hugo Chavez put them to rest when he delivered his anti-capitalist diatribe that drew thunderous applause from the convention’s delegates Wednesday....

Like the failed House amendments, the new version of S1011 creates a previously unknown category of "Qualified Native Hawaiian Constituents" which will exclude tens of thousands of Native Hawaiians from membership in the Akaka Tribe while at the same time opening the doors to people who are not ethnically Hawaiian.  It is likely that the vast majority of Hawaiians living outside of Hawaii will be excluded from becoming the Akaka Tribe under the rules laid down in Section 12 of the S1011.

Will Dan Akaka introduce the existing version of S1011 or will he introduce a new version of S1011 modeled on the version of HR2314 which blew up in Neil Abercrombie's face yesterday?    

Explaining why he would vote against the Senate version of Obamacare if he were a Senator, former-Democratic National Committee Chairman Howard Dean told MSNBC last night: “You’re going to be forced to buy health insurance from a company that is going to take on average of 27% of your money … and there is no choice about that. If you don’t buy that insurance you are going to get a fine.” For this heresy, White House Press Secretary Robert Gibbs suggested Dean was irrational....

This is essentially the collapse of health care reform in the United States Senate. And, honestly, the best thing to do right now is kill the Senate bill and go back to the House … You have the vast majority of Americans want the choices, they want real choices. They don’t have them in this bill. This is not health care reform and it’s not close to health care reform.

At the outset of the hearing, Republicans expressed their fundamental constitutional concerns with this effort to create a separate governing entity for Native Hawaiians, and served full notice to Committee Democrats that we intended to use every House rule and parliamentary tool available to us to insist our concerns be heard.  Until Representative Abercrombie stated his intentions to not push forward the proposed changes, Republicans demonstrated their dedication to using all tools available to them.

Over the years, they’ve both traveled here to Washington, D.C. and testified to Congress in favor of the original text of the bill.  Now that the bill has been substantially rewritten behind closed doors, they’ve been compelled to send a five-page letter expressing opposition to the proposed changes the Committee is scheduled to consider today.  The Attorney General and Governor have only had the full text of the proposed changes for a matter of, literally, hours. Postponing until February 24^th will allow them time to fully review the changes and have their concerns understood and considered by this Committee.

The live webcasts will begin approximately 10 minutes prior to the start of the hearing.  Hearing begins at 5AM HST (10AM EST) Weds December 16.

A new poll of registered Hawaii voters, conducted by Zogby International, has found that a majority of those surveyed oppose the Akaka Bill. The poll was conducted from November 18 to 23, 2009.  Zogby International surveyed more than 500 registered voters in Hawaii.

For years (since 1999), Daniel Akaka has been trying to make the Native Hawaiian Government Reorganization Act law. On Friday afternoon, the minority on the House Natural Resources Committee got word that there will be a mark-up on it on Wednesday. Apparently there's an agreement on the bill, but Republicans on the committee haven't seen it.  The Hill rumor is that Democrats plan to attach Akaka to the Department of Defense funding bill before this session ends — basically, sneaking it in at a busy, contentious time of year to avoid full debate.

Early last week, an agreement was reached with the Democrat Majority that Wednesday’s markup would consist of non-controversial bills that could be considered quickly.  Democrats issued notice on Friday that the Native Hawaiian bill would be added.  The Majority has had no communication with Republicans regarding this legislation since they canceled a markup on this bill without explanation in early July....

The magnitude of the changes being proposed deserve careful consideration and an opportunity for all those who may be impacted, especially the people and elected leaders of the State of Hawaii, to properly review the rewritten text.  The proposed changes have only been available to the Republican side of the Committee for a matter of days, and the State of Hawaii has had the full text of the proposed changes for only a matter of hours.

New York’s stubborn resistance to the data revolution not only harms the education our children receive; it leaves hundreds of millions of federal dollars on the table during a massive budget crunch. The Obama administration’s Race to the Top grant competition will distribute $4.35 billion to states that pursue modern education reforms. According to the competition’s rules, however, any state with a law that prohibits the use of test-score data to evaluate teachers is immediately disqualified from consideration. A state’s application also becomes more attractive under the guidelines if its data set matches students to teachers. Currently, New York fails on both counts.

And so does Hawaii....

The climate treaty negotiations inside Copenhagen’s Bella Center at the United Nations Climate Change Conference ground to a halt yesterday when the G-77, the largest group of developing nations, walked out. These poorer nations demanded that richer nations sign a treaty that includes a large transfer of wealth to the developing world to compensate for the developed world’s historical contribution to global warming. The G-77 countries ended their walkout after less than two hours, perhaps because global warming has had no apparent impact on December Copenhagen temperatures.

Obamacare is not dead yet. Speaker Pelosi has signaled that she will quickly pass anything that comes out of the Senate, so Reid could still cave on almost everything and get a terrible bill from everybody’s prospective on the President’s desk by New Years. But Senators thinking about moving quickly should remember that the public strongly opposes this bill, and that opposition is only rising.

SB Photo 1999: Jeff Stone's sister Mari Stone Wong and his then-brother-in-law, ousted Bishop Estate Trustee Dickie Wong, needn`t be as worried as they look--they're on trial in the courtroom of Judge Michael Town.

About Hanabusa's 2002 push for developer Jeff Stone to receive $75 million in Ko Olina tax credits, Cayetano writes:

"As I watched all of this, I wondered if there were any legislators who had the guts to ask the hard questions.  There was not a peep from the Democrats--or from conservative Republicans like Slom and Hemmings who had made careers in opposing social programs for the needy, or from young legislators who were learning quickly the politics of "going along to get along."  The only legislators who raised questions about the credibility of Stone's claims were Republicans Charles Djou of O`ahu and Jim Rath of Kona, Hawai`i."

If Hanabusa enters the congressional race and defeats Democrat Ed Case in the Primary, she will face off with Charles Djou in the General Election next November.

SHOW YOUR OUTRAGE & PROTEST TOMORROW!

• WHAT – AKAKA BILL SNEAK ATTACK PUBLIC PROTEST
• WHEN – MONDAY, DECEMBER 14th @ 7 AM to 9 AM
• WHERE – CORNERS OF BERETANIA STREET & PUNCHBOWL, Downtown Honolulu. 
• WHY – DEMAND A FAIR & OPEN PROCESS

On Wednesday December 16 Abercrombie's House Natural Resources subcommittee will vote on HR 2314, the "Native Hawaiian Government Reorganization Act of 2009" better known as the Akaka Bill.  The committee will meet at 10AM EST (5AM HST) in room 1324 Longworth.

The following day at 2:15PM EST (9:15AM HST) the Senate Indian Affairs Committee, meeting in Dirksen room 628, is scheduled to vote on the companion bill--S1011.  The vote had been originally scheduled for December 9 but has been rescheduled to the 17th. 

A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States. An individual mandate would have two features that, in combination, would make it unique. First, it would impose a duty on individuals as members of society. Second, it would require people to purchase a specific service that would be heavily regulated by the federal government.

Next week Speaker Nancy Pelosi (D-CA) is expected to attach a provision to the Department of Defense appropriations bill that would increase our national debt limit by $1.925 trillion. This debt limit raise would authorize the U.S. Treasury to borrow as much as $14 trillion, which is 30% higher than the $10.8 trillion limit that was in place when President Barack Obama took office.

Headley originally was arrested in October on charges he planned attacks on high profile targets in Denmark and India that included the Danish newspaper facilities of Jyllands-Posten, the Danish newspaper and its employees. The new charges filed in the Northern District of Illinois accuse Headley, an American citizen born in Pakistan, of helping facilitate last year's deadly Mumbai attacks that killed approximately 170 people, including six Americans, and injured hundreds.

A Pakistani newspaper reports the arrest of five foreign nationals after a raid in a town called Sargodha. The raid took place at the home of a member of the Jaish-e-Muhammad, a Pakistani movement designated as a terrorist group by the U.S. Treasury Department in 2001.  According to the report, "The DPO told that these people had been living in Sargodha since Nov 30 and it was quite a possibility that they were engaged in acts of terrorism."

HEALTH DEAL UNRAVELING:  This fight isn't over yet, no matter how many times the media tries to declare the death of the public option. It'd only take one or two senators to unravel this deal, and progressive senators Russ Feingold and Bernie Sanders both indicated last night that their support can't be taken for granted.   (...so sad...)

If you are one of the few Americans who still subscribes, your morning newspaper probably has a headline like this: Democrats Reach Deal on Health Plan. Don’t believe it.  Majority Leader Harry Reid (D-NV) is still light years away from producing the 60 votes necessary to pass Obamacare out of the Senate. And the few details that have leaked out about this new “broad agreement” only reveal just how desperate Reid is to get any bill on to President Obama’s desk by the New Year.

“Former OPM Director Linda Springer told FederalNewsRadio it will literally take an act of Congress to pull that off. ‘I flat out think that OPM doesn't have the capacity to do this type of role,’ said Springer. ‘Furthermore, I don't believe that OPM has the statutory authority to do it as well. But on both those counts, I don't think it would be a good call….”’

Sen. John Barrasso (R., Wyo.) said expanding Medicare "is putting more people in a boat that's already sinking."  The American Medical Association said it opposes expanding Medicare because doctors face steep pay cuts under the program and many Medicare patients are struggling to find a doctor. Hospitals also said expanding Medicare and Medicaid is a bad idea.

Yesterday, the Environmental Protection Agency (EPA) declared carbon dioxide to be a dangerous pollutant under the Clean Air Act, granting itself authority for an enormous, unprecedented regulatory undertaking that would greatly expand the EPA’s power. Because 85 percent of the U.S. economy operates on fossil fuel, the EPA would essentially have the ability to regulate every aspect of life in America – and it would be able to enact draconian climate-change policies without any accountability to American voters.

Plutocrats from around the world have marshaled over 1,200 limos and 140 private planes to travel to and around Copenhagen over the next two weeks. When they are not participating in the world’s oldest profession, conferees will be negotiating over a successor treaty to the 1997 Kyoto Protocol which obligated most developed nations to reduce their greenhouse emissions by 5 percent below 1990 baseline levels by 2012.

The HSTA has conspired with the DoE and BoE to make the furloughs as damaging as possible in order to put Hawaii schools so far out of the competition that the Hawaii Legislature will see no point in trying to enact the education reforms which could help win “Race to the Top” funding.

Undeterred by the complete failure of their past job creation efforts, leading leftist luminaries are again calling on the liberal majorities in Congress and President Obama to approve billions more in government spending for a third stimulus. Yesterday, President Obama hosted a “jobs summit” where academics, union leaders, and select big business leaders made their pitch for government largess. Among the ideas reported: Teamsters leader James Hoffa called for higher barriers to trade, President Obama insisted that all future aid to states go to preserving government jobs and not tax cuts, and others pushed to bring the “success” of Cash for Clunkers to a new Cash for Caulkers program.

The Senate began debate on the Patient Protection and Affordable Care Act (H.R.3590) this week. Senators on both sides of the aisle offered amendments to Senate Majority Leader Harry Reid’s huge, 2074 page health care bill. The first votes to take place concerned preventative services for women.

Dan DiMicco, CEO of steelmaker Nucor Corp, who told the Wall Street Journal: “Companies large and small are saying, ‘I am not going to do anything until these things — health care, climate legislation — go away or are resolved.’” Or Porta-King CEO Steve Schulte who tells USA Today his company is not investing because “proposals in Congress to tackle climate change and overhaul health care would raise costs.”

During the month of November, while President Barack Obama was dithering on whether or not to embrace General Stanley McChrystal’s strategy for winning in Afghanistan, something unexpected happened in American public opinion on the war. According to Gallup, the American public switched from 42% for and 44% against sending more troops to Afghanistan, to 47% for and only 39% against a troop build up. It is unclear why the American people came to support an increase in troops last month, but it is safe to rule out strong leadership from the White House as the cause. Hopefully the President’s incoherent address to a muted West Point audience will not reverse America’s growing support for victory.

Cadets await speech at West Point

"After vacillating for months, I am happy the President has finally made up his mind to confront the Taliban and defeat Islamic radicals.  This is the right decision and deserves our nation's full support," stated Djou.  "The war in Afghanistan is a fight we must win."

The ‘Small Business Survival Index' helps business owners and investors understand the public policy burdens placed on entrepreneurship and small business, with the states ranked accordingly.

As multiple sources reported this October, General McChrystal presented President Obama with three troop level scenarios each graded by risk: 1) an additional 20,000 troops that would run a “high risk of failure“; 2) an additional 80,000 troops that would be a “low risk option” that has “best chance to contain the Taliban-led insurgency and stabilize Afghanistan“; or 3) an additional 40,000 to 45,000 troop “medium risk option.”

Chief United States District Judge Susan Oki Mollway today (Monday, Nov 30)  sentenced ETHAN MOTTA, also known as "Malu," age 40, to life imprisonment, without the possibility of parole, for his role in the shooting of three persons at the Pali Golf Course on January 7, 2004.

While Obama has been at great pains to make a show of avoiding taxes on the middle class to pay for his health care changes, his proposed increase in Medicaid eligibility will have a huge impact on the 39 states whose income cutoffs for the program are below those required in the new federal legislation.  States....will have to raise their eligibility for Medicaid under the Senate health care bill. And they will have to pay for part of the cost.

A movement without an effective strategy for defeating its opponents cannot succeed. Therefore it is important to reacquaint ourselves with the art of political war.

In 2008, three female students at the St. HOPE Academy, a charter school in Sacramento, claimed inappropriate advances had been made by Mr. Johnson, who ran the school and was running for mayor. Mr. Johnson, a former NBA star, had been plagued by charges of sexual misconduct ever since his days as a player in the 1990s.

Mr. Walpin's investigators concluded that Kevin Hiestand, the attorney for Mr. Johnson, had approached at least one of the complaining students and asked her to remain quiet. About a week later, Mr. Johnson himself offered her a payment of $1,000 a month until she left school, which she refused to accept. Erik Jones, the St. HOPE teacher who eventually reported one of the victims' allegations to the police, resigned in protest, claiming the school also had sought to intimidate the student into changing her story.

Last week, the United States Preventive Services Task Force issued new guidelines recommending that women in their 40s no longer have annual mammograms and that women ages 50 to 74 have them only every other year, instead of annually. The recommendations were highly controversial, and by week’s end most health insurers and the federal Medicare program said they would ignore the panel’s recommendation and continue covering annual mammograms. This is as it should be: the federal government collects information and makes recommendations, and Americans are then free to consult their health care providers, ignoring the government if they so choose. The problem is that Obamacare would forever change this relationship.

When you read some of those files – including 1079 emails and 72 documents – you realise just why the boffins at Hadley CRU might have preferred to keep them confidential. As Andrew Bolt puts it, this scandal could well be “the greatest in modern science”. These alleged emails – supposedly exchanged by some of the most prominent scientists pushing AGW theory – suggest:

Conspiracy, collusion in exaggerating warming data, possibly illegal destruction of embarrassing information, organised resistance to disclosure, manipulation of data, private admissions of flaws in their public claims and much more.