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Bergdahl release arrangement could threaten the safety of Americans, Republicans say

1 Jun

G BAY

By Karen Tumulty, Published: May 31

Amid jubilation Saturday over the release of U.S. Army Sgt. Bowe Bergdahl from captivity by the Taliban, senior Republicans on Capitol Hill said they were troubled by the means by which it was accomplished, which was a deal to release five Afghan detainees from the military prison in Guantanamo Bay, Cuba.

Top Republicans on the Senate and House armed services committees went so far as to accuse President Obama of having broken the law, which requires the administration to notify Congress before any transfers from Guantanamo are carried out.

“Trading five senior Taliban leaders from detention in Guantanamo Bay for Bergdahl’s release may have consequences for the rest of our forces and all Americans. Our terrorist adversaries now have a strong incentive to capture Americans. That incentive will put our forces in Afghanistan and around the world at even greater risk,” House Armed Services Committee Chairman Howard P. McKeon (R-Calif.) and the ranking Republican on the Senate Armed Services Committee, James M. Inhofe (Okla.), said in a joint statement.

Lawmakers were not notified of the Guantanamo detainees’ transfer until after it occurred.

The law requires the defense secretary to notify relevant congressional committees at least 30 days before making any transfers of prisoners, to explain the reason and to provide assurances that those released would not be in a position to reengage in activities that could threaten the United States or its interests.

Before the current law was enacted at the end of last year, the conditions were even more stringent. However, the administration and some Democrats had pressed for them to be loosened, in part to give them more flexibility to negotiate for Bergdahl’s release.

A senior administration official, agreeing to speak on the condition of anonymity to explain the timing of the congressional notification, acknowledged that the law was not followed. When he signed the law last year, Obama issued a signing statement contending that the notification requirement was an unconstitutional infringement on his powers as commander in chief and that he therefore could override it.

“Due to a near-term opportunity to save Sergeant Bergdahl’s life, we moved as quickly as possible,” the official said. “The administration determined that given these unique and exigent circumstances, such a transfer should go forward notwithstanding the notice requirement.”

Sen. John McCain (R-Ariz.) said that the detainees transferred from Guantanamo to Qatar, where they are to stay for at least a year, “are hardened terrorists who have the blood of Americans and countless Afghans on their hands. I am eager to learn what precise steps are being taken to ensure that these vicious and violent Taliban extremists never return to the fight against the United States and our partners or engage in any activities that can threaten the prospects for peace and security in Afghanistan.”

Beyond this individual instance, some raised the larger question of whether it is sound policy for the United States to have, in the words of House Intelligence Committee Chairman Mike Rogers (R-Mich.), “negotiated with terrorists.”

Rogers said the action marked a “fundamental shift in U.S. policy.”

IRS BARS EMPLOYERS FROM DUMPING EMPLOYEES INTO HEALTH EXCHANGES

26 May

irs

WASHINGTON — NYT

The Storm is brewing. And when it hits, everyone will feel the impact, but mostly the middle class.

Many employers had thought they could shift health costs to the government by sending their employees to a health insurance exchange with a tax-free contribution of cash to help pay premiums, but the Obama administration has squelched the idea in a new ruling. Such arrangements do not satisfy the health care law, the administration said, and employers may be subject to a tax penalty of $100 a day — or $36,500 a year — for each employee who goes into the individual marketplace.

The ruling this month, by the Internal Revenue Service, blocks any wholesale move by employers to dump employees into the exchanges.

Under a central provision of the health care law, larger employers are required to offer health coverage to full-time workers, or else the employers may be subject to penalties.

David Cordani of Cigna said the insurer planned to expand beyond the five states where it offers coverage on the exchanges.

Insurers Once on the Fence Plan to Join Health Exchanges in ’15MAY 25, 2014

Many employers — some that now offer coverage and some that do not — had concluded that it would be cheaper to provide each employee with a lump sum of money to buy insurance on an exchange, instead of providing coverage directly.

But the Obama administration raised objections, contained in an authoritative question-and-answer document released by the Internal Revenue Service, in consultation with other agencies.

The health law, known as the Affordable Care Act, builds on the current system of employer-based health insurance. The administration, like many in Congress, wants employers to continue to provide coverage to workers and their families.

“I don’t think that an employer-based system is going to be, or should be, replaced anytime soon,” President Obama said recently, when asked if the law might speed the erosion of employer-sponsored insurance.

When employers provide coverage, their contributions, averaging more than $5,000 a year per employee, are not counted as taxable income to workers. But the Internal Revenue Service said employers could not meet their obligations under the health care law by simply reimbursing employees for some or all of their premium costs.

Christopher E. Condeluci, a former tax and benefits counsel to the Senate Finance Committee, said the ruling was significant because it made clear that “an employee cannot use tax-free contributions from an employer to purchase an insurance policy sold in the individual health insurance market, inside or outside an exchange.”

If an employer wants to help employees buy insurance on their own, Mr. Condeluci said, it can give them higher pay, in the form of taxable wages. But in such cases, he said, the employer and the employee would owe payroll taxes on those wages, and the change could be viewed by workers as reducing a valuable benefit.

Andrew R. Biebl, a tax partner at CliftonLarsonAllen, a large accounting firm based in Minneapolis, said the ruling could disrupt arrangements used in many industries.

“For decades,” Mr. Biebl said, “employers have been assisting employees by reimbursing them for health insurance premiums and out-of-pocket costs. The new federal ruling eliminates many of those arrangements by imposing an unusually punitive penalty.”

When an employer reimburses employees for premiums, the arrangement is known as an employer payment plan. “These employer payment plans are considered to be group health plans,” the I.R.S. said, but they do not satisfy requirements of the Affordable Care Act.

Under the law, insurers may not impose annual limits on the dollar amount of benefits for any individual, and they must provide certain preventive services, like mammograms and colon cancer screenings, without co-payments or other charges.

But the administration said employer payment plans do not meet those requirements.

Richard K. Lindquist, the president of Zane Benefits in Park City, Utah, a software company that helps employers reimburse workers for health insurance costs, said, “The I.R.S. is going out of its way to keep employers in the group insurance market and to reduce the incentives for them to drop coverage.”

The ruling came as the Obama administration rushed to provide guidance to employers and insurers deciding what types of coverage to offer in 2015.

In a new regulation, the Department of Health and Human Services said it would provide financial assistance to certain insurers that experience unexpected financial losses this year. Administration officials hope the payments will stabilize premiums and prevent rate increases that could embarrass Democrats in this year’s midterm elections.

Republicans want to block the payments, which they see as a bailout for insurance companies that supported the president’s health care law.

In a separate rule, the administration prohibits states from imposing onerous restrictions on insurance counselors, who educate consumers and help them enroll in health plans. Under the rule, states cannot establish standards that impair the counselors’ ability to help consumers or to perform other tasks required by federal law.

In January, a federal district judge in Missouri found that the state was illegally obstructing the activities of insurance counselors, including those known as navigators. The state has appealed the decision.

A version of this article appears in print on May 26, 2014, on page A12 of the New York edition with the headline:

Obama administration is out of touch on religion – period. At least Christianity…

5 May

jkKerry on Religion:

‘Not the Way I Think Most People Want to Live’

7:28 AM, May 5, 2014 • By JERYL BIER

During a talk to the U.S. embassy staff in Addis Ababa, Ethiopia at the first stop on his trip to Africa, Secretary of State John Kerry remarked about what he called the “different cross-currents of modernity” and the challenges they present on the African continent. The comments contain a veiled reference to religion, and the part that religion might be playing in some of the current conflicts in Africa:

This is a time here in Africa where there are a number of different cross-currents of modernity that are coming together to make things even more challenging. Some people believe that people ought to be able to only do what they say they ought to do, or to believe what they say they ought to believe, or live by their interpretation of something that was written down a thousand plus, two thousand years ago. That’s not the way I think most people want to live.

The words “something that was written down a thousand plus, two thousand years ago” appear to refer to the Bible, or the Koran, or perhaps both. More than one conflict in Africa today has either implicit or explicit religious connections:

THE IMPENDING STORM OF UNEMPLOYMENT

4 May

jobs_2900287b

Ambrose Evans-Pritchard

7:34PM BST 02 May 2014

The US economy has delivered two minor shocks in a week, prompting concerns that bond tapering by the Federal Reserve may be doing more damage than expected.

Non-Farm Payrolls data released on Friday shows that the workforce shed 806,000 jobs in April, a stunning drop that cannot plausibly be blamed on the weather. Wage growth and hours worked were both flat and the manufacturing hours per week fell.

This follows news earlier in the week that the economy to a halt in the first quarter. Growth plummeted to 0.1pc and is now well below the Fed’s “stall speed” indicator. Analysts blamed this on the freezing polar vortex over the winter.

Yet the jobs data confirm a disturbingly weak picture. The headline unemployment rate fell to 6.3pc but that was only because the labour “participation rate” plummeted back to a modern-era low of 62.8pc, last seen in 1978 when there were far fewer women in the workforce. The rate for males is the lowest ever recorded at 69.1pc.

The jobs market is highly volatile – and is often revised later – but the data are a warning that the US recovery may be losing momentum. Lakshman Achuthan, from the Economic Cycle Research Institute, said the trend was already weakening long before the cold weather. “We see a failure to launch. We’re decelerating, not accelerating, and that is a big concern,” he said.

The Fed has gradually been turning down the spigot of dollar liquidity, reducing its bond purchases by $10bn a month at each meeting, even though the bank’s measure of core PCE inflation has dropped to 1.1pc. The net stimulus has dropped from $85bn a month to $45bn.

This is a form of monetary tightening. Interest rates have not risen – though they are rising in real terms – but the quantity of money mechanism may nevertheless be having a powerful effect. The broadest measure of the money supply – Divisia M4 – has dropped from a growth rate above 6pc a year ago to just 2.6pc in March.

The Fed is unlikely to blink yet. Even the once dovish San Francisco Fed has warned that quantitative easing no longer serves a useful purpose and may be doing more harm that good at this stage, fuelling asset bubbles without much benefit for the real economy. Analysts say it would take several months of bad data to force the Fed to halt tapering and change course again.

US policy-makers no longer pay much attention to the monetary data. Robert Hetzel, from the Richmond Fed, said this led to a grave error in mid-2008 when the Fed’s voting board began to talk up rate rises even though the money supply was already buckling. He argues that this played a key part in the Lehman crash several months later.

Erica Groschen, from the Bureau of Labour Statistics, said the sudden drop in jobs last month was caused by fewer people joining the workforce, rather than people leaving. That is hardly reassuring, and conflicts with theories that the participation rate is falling because people are choosing to retire early.

The weakness may be nothing worse than a pause for breath – or a mid-cycle correction – as the US gears up for a second leg of the post-Lehman expansion. The risk is that this instead proves to be the end of growth cycle that is already long in the teeth by historic standards.

The possibility of a fresh downturn with the interest rates already at zero, the Fed’s balance sheet already at $4 trillion, and gross public debt above 100pc of GDP for the first time since the end of the Second World War is what keeps US economists awake night. There is little margin for policy error.

Mark Caserta: Obama policies force dependence upon government

1 May

food stamp pres

May. 01, 2014 @ 12:00 AM

Life under the Obama administration has gotten very expensive for Americans — on both sides of the ledger. The lack of good paying jobs combined with higher prices is literally changing the way America does business.

First, a look at the “income” side of the ledger.

At just under 63 percent, our nation’s labor participation rate is the lowest it’s been since 1978, according to the Bureau of Labor Statistics, and is projected to continue to fall over the next decade. As the nation’s workforce declines, the government safety net becomes comparatively filled with folks dependent upon government.

In fact, a record-setting 47 million people now depend on food stamps for sustenance, 13 million more than when Obama took office.

That metric alone should frighten all Americans.

Sadly, nearly 70 percent of the government’s discretionary and non-discretionary spending goes to programs which frequently trap individuals and families in long-term government dependence, according to the “2013 Index of Dependence on Government” publication by The Heritage Foundation.

Understand many of these people are hard-working Americans who’ve simply become casualties of Obama’s failing policies, which not only fail to provide a path out of poverty, but actually penalize success!

For those Americans fortunate enough to be working, the average workweek continues to decline with private, nonfarm payrolls now at 34.5 hours. I predict this weekly average will continue to fall as the Obamacare employer mandate kicks in requiring all businesses with over 50 full-time employees (employees who average 30 hours or more) to provide health coverage or pay a fine.

Frankly, this administration either doesn’t understand or isn’t willing to acknowledge the impending storm. Many employers will be financially forced to cap hiring below 50 employees, keep the employee’s average hours below 30, or pay the fine — whichever is least expensive. And with many of these jobs being low-paying retail positions, people will be forced into working multiple jobs simply to survive.

Now let’s look at the “expense” side of the ledger.

According to the U.S. Energy Information Administration, the average price of a gallon of regular unleaded gasoline in the U.S. was $1.83 the day before Obama took office. During his presidency it has risen over 96 percent to an average price last week of $3.68. And gasoline prices are a serious concern for individuals considering returning to the workforce versus staying home.

Retail food prices under the Obama administration are also skyrocketing due to commodity and fuel prices, according to the U.S. Department of Agriculture. From 2010 to 2011 alone, beef prices are up 10 percent, eggs and pork over 8 percent while fish and seafood are up over 6 percent, just to name a few staples.

Even a liberal should be able to understand that fewer good paying jobs combined with higher prices will result in increased dependence upon government, which in turn, will use the tax revenue from those employed to subsidize government programs supporting the unemployed — sort of taking from those who “have” for those who “have not.”

Hmm … that sounds like redistribution of wealth.

Mark Caserta is a conservative blogger, a Cabell County resident and a regular contributor to The Herald-Dispatch editorial page.

Obama acts is if he’s above the law; he’s not

29 Apr

one bill at at time

Feb. 27, 2014 @ 12:00 AM

What liberals refer to as “obstructionist” tactics by Republicans in blocking the socialist policies of Barack Hussein Obama, conservatives call “preserving the Constitution.”

It’s interesting that while the president has often referred to himself as a “constitutional law professor,” the title is somewhat gratuitous. While never a full-time or tenured professor, he did teach courses in constitutional law at the University of Chicago as a “senior lecturer.”

Unfortunately, rather than use his knowledge to adhere to its provisions, the president has chosen to test the boundaries of our government’s founding document.

Article II, Section 3 of the U. S. Constitution, sometimes known as the “Faithful Execution Clause,” is best read as a duty that qualifies the president’s executive power. By virtue of this power, the president is required to “take care” that our nation’s laws are “faithfully executed.”

But not only has Obama been derelict in his duty to protect our laws, he’s an offender.

As Democrats are so fond of reminding Republicans, Obamacare is now the law of the land.

But despite the fact The Patient Protection and Affordable Care Act was indeed signed into law in 2010 and ultimately upheld by the Supreme Court, President Obama believes it’s within his power to make changes without Congressional action!

Our Constitution clearly grants legislative powers to Congress. The president does not have the authority to arbitrarily “alter” legislation signed into law.

The employer mandate, which requires businesses employing 50 or more full-time employees to provide health insurance or pay a fine, was scheduled to take effect in 2014, but has been delayed entirely or in part, twice, by the president!

The fact that Obamacare is poor legislation doesn’t grant the president powers exceeding those afforded him by the Constitution.

And in the first case of its kind, the Supreme Court is now arguing the legality of four “recess” appointments made by President Obama to the National Labor Relations Board (NLRB) and the Consumer Financial Protection Bureau in 2012. The Constitution allows the president to make temporary appointments to those positions that otherwise require Senate confirmation, but only when the Senate is in recess. The problem is — the Senate was not in recess!

Three federal appeals courts have already ruled that Obama overstepped his authority in these appointments.

It’s obvious the president is following the “executive version” of the liberal playbook which calls for continuous contestation of preconceived limitations designed to “progressively” tilt the scales of totalitarian power to the left.

President Obama is arguably the most liberal president in our nation’s history. If he’s successful in these attempts to bypass our nation’s laws, what leftist policies will he pursue in his remaining years in office?

The U.S. Constitution is not merely a guideline to be consulted by those it was written to regulate. It’s the supreme law of the land written to protect the rights of all Americans and must be protected.

It’s time Americans “tether” President Obama to the Constitution and hold him accountable for adhering to its precepts.

This president is not above the law.

Mark Caserta is a Cabell County resident and a regular contributor to The Herald-Dispatch editorial page.

Mark Caserta: Have Republicans again abandoned abortion message?

24 Apr

abortionApr. 24, 2014 @ 12:00 AM

It appears that once again, abortion may be missing from the national debate in an election year. And Christian conservatives have a legitimate question for GOP candidates:

Will you continue to refuse to make the issue of life or death for the most vulnerable among us table stakes for your candidacy simply for fear of alienating voters?

Please understand that while Article VI of the Constitution clearly states there shall be “no religious test” qualifying a Congressional candidate for office, this does not exempt you from certain “qualifications in principle” that Christian conservatives will refuse to compromise in November — and abortion is one of them.

And burying your pro-life position deep in your on-line profile isn’t bringing the topic to the table for discussion. It’s unacceptable that progressives have been allowed to move the standard far beyond the provisions of Roe v. Wade.

In a 7-2 opinion, the court ruled that a right to privacy under the due process clause of the Fourteenth Amendment guarantees a woman’s right to an abortion. The due process clause protects a broad right to privacy that is also found in the Ninth Amendment and the penumbras of the Bill of Rights. This “substantive due process” right to privacy permits a woman to terminate her pregnancy for any reason during the first trimester. However, subsequent to approximately the end of the first trimester (about 3 months) the state may reasonably regulate abortions in ways related to maternal health.

Our nation has dreadfully exceeded the parameters set by the Supreme Court of the United States. In fact, according to a recent report from the Charlotte Lozier Institute, the United States has one of the most permissive abortion policies in the world (7 out of 198 countries) and is one of seven countries in which late-term abortions after 20 weeks (about 5 months) are allowed.

Sadly, many studies have shown that by this stage of development, a child is capable of feeling pain and women are at a greater health risk.

Often we hear pro-choice activists espouse rape, incest, genetic disability or health of the mother as primary consideration for supporting abortion on demand. But of 1,260 women surveyed in a 2004 study by The Guttmacher Institute, only 7 percent cited health concerns as their most important reason for choosing to abort their child. The majority of women actually stated a financial or lifestyle challenge as a top reason for their choice.

Each year, the Centers for Disease Control and Prevention requests voluntary abortion data from across the country. While 756,651 abortions were reported in 2010, many suspect the number to be closer to 1 million babies aborted every year in the United States.

How many of God’s children who were destined to become world changers were never given the chance? How many brilliant scientists, skilled physicians or prominent leaders never escaped the womb?

Human life is a frail and precious gift of God. If GOP candidates refuse to re-introduce abortion into the discussion, then who will?

It’s time to stand up for life.

Mark Caserta is a conservative blogger, a Cabell County resident and a regular contributor to The Herald-Dispatch editorial page.

Mark Caserta: Liberals’ only interest is fundamental change

17 Apr

holder

hillary

lerner

sebelius

Apr. 17, 2014 @ 12:00 AM

Few government entities have the capacity to impact Americans more than the Justice Department, the State Department, the Health and Human Services Department and the Internal Revenue Service. All are led by individuals appointed by the president with the advice and consent of the U.S. Senate.

With a combined annual budget approaching $1 trillion of taxpayer money, these agencies shoulder significant responsibility in managing the infrastructure of government and taking care of the people’s business.

Yet despite the substandard performance of each of these government agencies during the Obama administration, liberals seem more focused on advancing their progressive movement than strengthening our nation and seeking justice.

In 2012, Attorney General Eric Holder was held in contempt by the House of Representatives for refusing to turn over documents tied to the botched “Fast and Furious” gun-running operation. Two guns found at the scene of Border Patrol Agent Brian Terry’s fatal shooting were determined to be linked to the Justice Department operation. While the investigation is ongoing, Holder insists the tragedy is simply being leveraged for political advantage.

On the night of September 11, 2012, a heavily armed group of terrorists attacked the American diplomatic mission in Benghazi, Libya, killing four brave Americans, including U.S. Ambassador Christopher Stevens. In the days following the attack, the State Department would engage in what appeared to be a cover-up of what actually happened during the attack with a fabricated story claiming the uprising was in opposition to an anti-Muslim film that had triggered protests in Egypt and elsewhere.

Recently, shouldering the weight of a miserable Healthcare.gov rollout and feeling the pressure of an upcoming election, Kathleen Sebelius resigned her post as secretary of Health and Human Services. But timing is everything in politics, so it was important for the Obama administration to “accept” her resignation in the wake of the announcement that 7.5 million people already had signed up for Obamacare. Interestingly, the White House will not provide answers to key questions, such as how many enrollees were previously insured and how many have actually paid their first month’s premium.

But this administration has proven it won’t allow facts to get in the way of advancing its agenda. It’s mind-numbing for liberals to be so infatuated with this president it means absolutely nothing to them that he repeatedly and unrepentantly lied to Americans about the Affordable Care Act!

And just last week, The House Oversight and Government Reform Committee approved a resolution to hold ex-IRS official Lois Lerner in contempt of Congress for refusing to testify at two of the panel’s hearings. Lerner, who headed an IRS division that reviews applications for tax exemption, invoked her Fifth Amendment right at both hearings when asked about targeting of Tea Party affiliated organizations.

Now, we’ve always had government corruption, but the scope and practice here is unprecedented. Despite the Obama administration’s autocratic, unfettered approach, liberals don’t seem to care.

They simply want fundamental change.

Mark Caserta is a conservative blogger, a Cabell County resident and a regular contributor to The Herald-Dispatch editorial page

Mark Caserta: Foreign aid must be cut to bolster US stability

15 Apr

foreign aid

Dec. 05, 2013 @ 12:00 AM

The United States simply cannot sustain current levels of assistance to other countries.

According to the Treasury Department, our projected deficit for Fiscal Year 2014 is about $744 billion and our national debt is around $17 trillion, or about $52,807 per person.

I’d say it’s time to keep some cash at home until we can get our own financial house in order.

From a business perspective, it’s inconceivable that Congress has been operating without a federal budget for over three years. And sadly, our current mix of representation lacks the competencies required to build relationships and collaborate on viable financial solutions.

Additionally, President Obama, who is required by law to submit a budget to Congress on or before the first Monday in February of each year, has missed the mark four of the past five years and has yet to have a proposal seriously considered by either chamber of Congress.

Understand, the U.S. budgetary process is essential in determining funding levels for the next fiscal year and directly affects the monetary amounts allocated to foreign assistance programs.

The U.S. Agency for International Development states its function is to provide “economic, development and humanitarian assistance around the world in support of the foreign policy goals of the United States.” The U.S. provides around $50 billion in aid to other countries each year, according to the agency.

Now, humanitarian aid, at reasonable levels, has a strong political constituency in the U.S. But development aid remains controversial, and many contend it is a waste of taxpayers’ money. Multiple reports reveal inadequate oversight has resulted in billions of dollars in wasted resources.

The Commitment to Development Index (CDI) compiled each year by the Center for Global Development ranks the “quantifiable performance” of foreign aid for 27 of the world’s richest countries. The index uniquely assesses multiple categories ranging from trade to technology — not based on how much aid a nation provides, but the weighted value of the aid given.

Of the 27 countries, while the United States was by far the world’s top financial donor, it ranked 19th in overall value, behind countries like Denmark, Ireland and Canada.

Conspicuously missing from the donor list was China, which recently surpassed Japan as the world’s second largest economy and is forecasted to overtake the U.S. by 2016.

Yet, according to the Congressional Research Service, the U.S. provided $28.3 million in foreign assistance to China in 2012 to promote human rights, democracy, the rule of law, environmental conservation and to support Tibetan culture!

While perhaps noble in nature, do these causes supersede the fundamental needs of Americans?

What portion of U.S. foreign aid could have been re-allocated as tax subsidies for the 15 percent of Americans who were without health coverage, pre-Obamacare? And still could.

Our government has become a poor steward of the taxpayers’ hard-earned money — domestically and internationally.

And until we achieve financial stability, we must limit foreign aid to humanitarian needs and require other nations to be more assertive in their own development.

The U.S. has its own problems.

Mark Caserta is a Cabell County resident and a regular contributor to The Herald-Dispatch editorial page.

AMERICANS FOR PROSPERITY EVENT – CHARLESTON, WV.

8 Apr

americans for prosperity

I couldn’t agree more with the vision of this fine organization.
Government spending is bankrupting our children’s future and “Americans For Prosperity” is at the front lines working for the American taxpayer.

I want to thank Wendy McCuskey, WV State Director, for her endeavors for the people for several years now. I also plan to do whatever I can to support her in her new position with AFP WV.

Godspeed Wendy!

AFP WV TAX Day of Activism