Author Archive

Financial Times: Breitbart Shapes Conservative Agenda

From today’s Financial Times:

When Andrew Breitbart first saw video footage of workers from Acorn, a community activist group, telling two undercover reporters how to set up a brothel and avoid paying taxes he knew he had a big scoop on his hands.

The conservative commentator also knew the series of undercover videos, which caused an outcry when he released them last month on his BigGovernment website, would be dismissed by what he calls the “mainstream media”.

“The mainstream media are not story driven, they are ideology driven,” he says in an interview with the Financial Times. “They are universally left of centre and they protect their own . . . their raison d’être is to put pressure on anyone that would dare challenge their aggressive ideology.”

The media outlets criticised by Mr Breitbart, which include CNN and the New York Times, reject accusations of bias. However, Mr Breitbart argues that liberal bias is inherent and admits to pursuing his own ideological aims through his websites. His policy has been rewarded with plenty of online traffic: September brought almost 11m unique users to his sites and 35m page views.

Along with Glenn Beck, the cable news presenter, Mr Breitbart has established himself as a leading member of the new guard of conservative agenda-setters.

Read the full article here.

Tags: ,

No Comments


ALG Condemns House for Blocking Resolution Removing Rangel as Committee Chair

From Americans for Limited Government:

rangel

October 7th, 2009, Fairfax, VA—Americans for Limited Government President Bill Wilson today condemned members of the House for voting to refer a resolution that would have removed Congressman Charlie Rangel as Chairman of the powerful House Ways and Means Committee.

“Once again, the Democrat-controlled House has voted to sweep outright corruption under the rug on behalf of a fellow party member who failed to report more than $1 million in outside income as required by House rules,” Wilson said.

“The least Congress can do is not have Rangel serving as Chairman of a committee that deals with taxes while an ‘ongoing’ ethics probe into his undisclosed income is taking place,” Wilson added.

The Resolution, proposed by Congressman John Carter, called for Rangel to be removed as Ways and Means Chairman until the Ethics Committee concludes its probe.

Instead, the House voted 246 to 153 to refer the resolution to the Ethics Committee. “A vote to refer the Rangel resolution to the Ethics Committee was a vote against the resolution, plain and simple,” said Wilson.

Rangel is currently under investigation by the House Ethics Committee, but Wilson stated that the committee may be deliberately stalling, writing in a letter last month to House Speaker Nancy Pelosi and Majority Leader Steny Hoyer, “[T]he Ethics Committee — comprised of some of Mr. Rangel’s most ardent apologists — has clearly decided to turn its ‘internal investigation’ into an ‘eternal investigation.’ And justice delayed has long since become justice denied.”

According CBS’ Marcia Kramer, Rangel may have gone as far to “influence” members of the Ethics Committee to look the other way: “CBS 2 HD has discovered that since ethics probes began last year the 79-year-old congressman has given campaign donations to 119 members of Congress, including three of the five Democrats on the House Ethics Committee who are charged with investigating him.

The report continues, “Charlie’s ‘angels’ on the committee include Congressmen Ben Chandler of Kentucky, G.K. Butterfield of North Carolina and Peter Welch of Vermont. All have received donations from Rangel.”

“The House Ethics Committee is a joke. And despite months of inquiry into known and blatant infractions of law and House rules, no action has been taken,” Wilson said, comparing the delay to the speed that Congressman Joe Wilson had a resolution brought against him for shouting “You lie!” at Barack Obama during a joint session of Congress. On September 15th, the House voted 240-179 in a resolution against Congressman Wilson, just six days after the speech.

Wilson cited several transgressions that he said could have already been acted upon by the House at large:

1) failure to report over $1 million in outside income and $3 million in business transactions as required by the House,

2) failure to disclose at least $650,000 in assets he had previously failed to list on his House financial disclosure forms,

3) failure to disclose to the IRS or on his financial disclosure forms $75,000 in rental income for a beach villa in the Dominican Republic,

4) violation of state laws by claiming three primary residences and broke municipal laws by maintaining four rent-controlled apartments,

5) violation of House rules by using congressional letterhead to solicit donations for an education center bearing his name at City College of New York, and

6) delinquency in paying his property taxes on two New Jersey parcels and failure to report the sale of a $1.3 million brownstone.

“There was no reason why these repeated violations could not have been addressed today by the House,” said Wilson

Americans for Limited Government recently a petition website, RangelOutNow.org, to encourage Attorney General Eric Holder to immediately investigate Rangel’s “repeated violation of public disclosure laws… [and] exactly how Mr. Rangel came into at least $650,000 in undisclosed income, and to audit the extent of his income.”

Wilson also called upon Holder to “prosecute Mr. Rangel to the fullest extent of the law for any and all infractions of the law.”

Said Wilson, “This is completely upside down. The Ethics Committee is supposed to act on a non-partisan basis. But instead, it is stonewalling the conclusion of the Rangel investigation. And now the House majority has made it clear that no matter what the ethics probe produces, they will do nothing to remove Rangel from his powerful chairmanship. Nancy Pelosi is encouraging the culture of corruption in Washington to blossom.”

Attachments:
ALG President Bill Wilson Letter to Nancy Pelosi and Steny Hoyer, September 16th, 2009.

“The Man Who Knew Too Little,” by Carter Clews, August 31st, 2009.

Interview Availability: Please contact Alex Rosenwald at (703)383-0880 or at arosenwald@getliberty.org to arrange an interview with ALG President Bill Wilson.

###

Tags: ,

No Comments


Milbank: The Forest, the Trees and ACORN

The Washington Post’s Dana Milbank weighs in on Bertha Lewis’ theatrical show at the National Press Club:

Bertha Lewis, the head of ACORN, is one tough nut.

She came to the National Press Club on Tuesday, ostensibly to report on the community group’s “internal probe” into the ACORN workers who were caught on tape advising people posing as a pimp and a prostitute. But Lewis made it clear that, far from apologizing, she was on a “set-the-record-straight tour” — and a tour de force it was.

The internal review by ACORN’s board, disclosed this week by the Louisiana attorney general, that $5 million had been embezzled from the group rather than the $1 million previously alleged? “This is speculation, completely false and not based on any documentation or any audit or anything other than two disgruntled former board members,” Lewis reported.

Accusations of voter fraud after ACORN workers filled out voter registrations for Mickey Mouse, Donald Duck and the starting lineup of the Dallas Cowboys? “An utter fabrication and a work of fiction that was created by the people who wrote it.”

The report by Republicans on the Senate Finance Committee that ACORN created a “shell game that funneled charitable funds to for-profit organizations”? “Another stretch of allegations of how to pound on ACORN. . . . It’s just false.”

And, of course, the secretly recorded videos of ACORN workers providing help to people claiming they wished to set up an underage-prostitution business? “These highly edited tapes,” Lewis said, “don’t tell the whole story.” ACORN’s accusers “have to stoop to break the law in order to create something sensational,” she added.

In creativity, the ACORN boss’s denials were matched only by her assignments of blame. She blamed her predecessor: “I don’t think it’s fair to judge me, as I’m cleaning up a previous administration.” She blamed the powerful: “We’ve seen this play before, whether it was the civil rights movement or whatever, when you organize poor people to have real power, what you do is often turned against you.” And most of all, she blamed Republicans: “The RNC . . . because we’ve been inflated as the boogeyman, raises almost $2 million a day, every day, and this form of modern-day ACORN McCarthyism has got to stop.”

Assigned only a minor role in this orgy of blame were ACORN and Lewis herself. “My biggest weakness is a certain naivete about folks coming after you,” she said in a moment of self-interested introspection. “I guess maybe others might have known and could have set up some other barriers and could’ve been better with media and PR.”

Read the whole story here. But, first savor this quote. Perhaps one of the best Big Media comments during this breaking saga:

But Lewis, in playing the victim, is her own worst enemy. Forget the film of the pimp and prostitute: Watching a film of Lewis’s performance yesterday would probably be enough to cause lawmakers to cut off ACORN’s federal funding.

Tags: ,

No Comments


Milbank: The Forest, the Trees and ACORN

The Washington Post’s Dana Milbank weighs in on Bertha Lewis’ theatrical show at the National Press Club:

Bertha Lewis, the head of ACORN, is one tough nut.

She came to the National Press Club on Tuesday, ostensibly to report on the community group’s “internal probe” into the ACORN workers who were caught on tape advising people posing as a pimp and a prostitute. But Lewis made it clear that, far from apologizing, she was on a “set-the-record-straight tour” — and a tour de force it was.

The internal review by ACORN’s board, disclosed this week by the Louisiana attorney general, that $5 million had been embezzled from the group rather than the $1 million previously alleged? “This is speculation, completely false and not based on any documentation or any audit or anything other than two disgruntled former board members,” Lewis reported.

Accusations of voter fraud after ACORN workers filled out voter registrations for Mickey Mouse, Donald Duck and the starting lineup of the Dallas Cowboys? “An utter fabrication and a work of fiction that was created by the people who wrote it.”

The report by Republicans on the Senate Finance Committee that ACORN created a “shell game that funneled charitable funds to for-profit organizations”? “Another stretch of allegations of how to pound on ACORN. . . . It’s just false.”

And, of course, the secretly recorded videos of ACORN workers providing help to people claiming they wished to set up an underage-prostitution business? “These highly edited tapes,” Lewis said, “don’t tell the whole story.” ACORN’s accusers “have to stoop to break the law in order to create something sensational,” she added.

In creativity, the ACORN boss’s denials were matched only by her assignments of blame. She blamed her predecessor: “I don’t think it’s fair to judge me, as I’m cleaning up a previous administration.” She blamed the powerful: “We’ve seen this play before, whether it was the civil rights movement or whatever, when you organize poor people to have real power, what you do is often turned against you.” And most of all, she blamed Republicans: “The RNC . . . because we’ve been inflated as the boogeyman, raises almost $2 million a day, every day, and this form of modern-day ACORN McCarthyism has got to stop.”

Assigned only a minor role in this orgy of blame were ACORN and Lewis herself. “My biggest weakness is a certain naivete about folks coming after you,” she said in a moment of self-interested introspection. “I guess maybe others might have known and could have set up some other barriers and could’ve been better with media and PR.”

Read the whole story here. But, first savor this quote. Perhaps one of the best Big Media comments during this breaking saga:

But Lewis, in playing the victim, is her own worst enemy. Forget the film of the pimp and prostitute: Watching a film of Lewis’s performance yesterday would probably be enough to cause lawmakers to cut off ACORN’s federal funding.

Tags: ,

No Comments


Coburn: Senate Votes to Prioritize Pork Over National Defense

pork fav

October 6, 2009

(WASHINGTON, D.C.) – U.S. Senator Tom Coburn, M.D. (R-OK) today released the following statement after the Senate rejected Coburn amendments that would have forced Congress to shift earmark funds back toward vital operations and maintenance. By a vote of 25 to 73, the Senate rejected an amendment offered by Dr. Coburn that would have restored to the troops $165 million earmarked within the Defense appropriations bill’s maintenance and operations accounts for congressional earmarks.

“In a time of war it is unconscionable for members of Congress to divert funds from vital operations to less-than-vital parochial pork projects. I regret the Senate voted today to protect their pet projects at the expense of our troops,” Dr. Coburn said.

The Pentagon has also expressed concern over the excessive amount of earmarks Congress has requested:

“Every dollar that we are forced to spend on things which we do not need requires us to take money from things which we do need. And the people who lose in that trade-off are our troops and the taxpayers,” said Geoff Morrell, the Pentagon spokesman.

The operations and maintenance (O&M) accounts ensure military readiness by providing much needed funds for training troops for combat and for maintaining tanks, airplanes, ships, and related equipment such as the purchase of spare parts. O&M accounts also fund a wide range of activities such as civilian personnel management and payments, transportation expenses, health care, and child care. In May 2009, the U.S. Navy ran out of O&M funding and had to reduce training hours for carrier air wings and at-sea time for some ships. The earmarks funded in the 2010 Defense appropriations bill raid these accounts that are essential to the protection of our troops and our nation’s defense to pay for $165 million or earmarks not requested by the military.

“The Senate is putting favorable headlines back home above our men and women fighting on the front lines. American families are prioritizing and eliminating waste in their own budgets, it is a disgrace that Congress has refused this common sense approach to spending taxpayer dollars,” said Dr. Coburn.

Coburn amendments to the bill included:

Amendment 2566 — To restore over $165 million in operations and maintenance funding to members of the Armed Forces to prepare for and conduct combat operations by prohibiting funding of earmarks from operations and maintenance accounts, defeated by a vote of 25 to 73.

Amendment 2565 — To require the National Guard and Reserve Component to submit their modernization priorities to the entire Congress, and seek input from Secretary of Defense Gates, defeated by a vote of 28 to 70.

Coburn amendments accepted:

Amendment 2563— To require all reports authorized in this bill be publicized and accessible to the public once completed.

Amendment number 2585 — To restore $100 million in operations and maintenance funding to members of the Armed Forces to prepare for and conduct combat operations by accounting for the August 2009 Congressional Budget Office economic assumptions and reducing funding for low-priority research and development earmarks.

Tags: ,

No Comments


Michael Savage to Debate Free Speech at Cambridge Union Oct. 15th

(San Francisco, CA) Michael Savage, ’shock-jock’ author of over 25 books with a radio audience of 10 million listeners who was banned from entering the United Kingdom in May by Gordon Brown will argue against the insanity of ‘political correctness’ on Thursday, October 15 at 8:00pm GMT. Savage will appear via internet link to argue his case for freedom of speech.

MIAC37

Quoting Winston Churchill, who said, “You see these dictators on their pedestals, surrounded by the bayonets of their soldiers and the truncheons of their police. They are afraid of words and thoughts! Words spoken abroad, thoughts stirring at home, all the more powerful because they are forbidden. These terrify them. A little mouse – a little tiny mouse! -of thought appears in the room, and even the mightiest potentates are thrown into panic…” Savage will attempt to ’save England from a descent into mental slavery where petty bureaucrats dictate what can and cannot be discussed.”

“The Cambridge Union has been following you with great interest in recent weeks,” reads the invitation, dated July 2. “The decision to ban you has caused quite a stir and we are keen to know how your situation progresses…” Founded in 1815, the Union is the world’s oldest debating society, previously hosting many high profile figures including Ronald Reagan, Theodore Roosevelt, Henry Kissinger and Sir Winston Churchill himself.

“This debate should awaken all free British citizens to the disastrous state the Brown government has created,” says Savage. “By speaking passionately about freedom of speech, I hope to appeal to the British people and the incoming conservative leadership to remove my name from their list of murderers and terrorists.”

Tags: ,

No Comments


Rep. Issa Responds to ACORN’s Bertha Lewis

House_of_Representatives

Issa Responds to Bertha Lewis Charge that ACORN the Victim of Republican McCarthyism

WASHINGTON. D.C. – House Committee on Oversight and Government Reform Ranking Member Darrell Issa (R-CA) issued the following statement today in response to comments made by ACORN CEO Bertha Lewis at the National Press Club where she accused Republicans of ACORN McCarthyism:

“Was it Republicans who embezzled millions from within their own organization and have yet to report the embezzlement to the IRS or Labor Department?  Was it Republicans who conducted the internal review that highlighted the lack of firewalls between their charitable and political activities?  Was it Republicans who hired a man convicted of multiple counts of conspiracy and money laundering to raise funds and register voters in Oklahoma?  The fact that ACORN’s leadership refuses to even acknowledge and accept responsibility for the state of their organization is disturbing and brings into question the sincerity of ACORN’s pledge to reform their organization.”

While ACORN CEO Bertha Lewis addressed the National Press Club, the House Committee on Oversight and Government Reform Republican Staff were reviewing new internal ACORN documents that shed further light on ACORN’s intent to capitalize on the opaque nature of their funding structure in order to fund its partisan political activities. 

[There is a video that cannot be displayed in this feed. Visit the blog entry to see the video.]

On Fox News’ America Newsroom: “ACORN is so opaque to all of us because of its unique status as a non-profit taxable entity that really we have no way of knowing and if you’ll cover up a million, you’ll cover-up five million.  Our bigger question is not how much opaque they were in the past; it’s whether or not Bertha Lewis as CEO is ever going to change the company to be more conventional as a non-profit the way the Red Cross or other organizations are which tend to be very transparent.”

Tags: ,

No Comments


CBS: Bertha Lewis Rails Against ‘Modern-day ACORN McCarthyism’

From CBS News:

bertha lewis

Bertha Lewis, the chief executive of embattled community group ACORN, told reporters at the National Press Club today that her critics are engaged in “modern-day ACORN McCarthyism” born in part from the group’s history of “going after the rich and the powerful,” the New York Times reports.

While defiant, Lewis did acknowledge that her group had its problems: She said videos showing ACORN employees advising conservative activists posing as a pimp and prostitute “made my stomach turn,” according to CNN. “It just made you sick,” she added. The group has appointed an investigator to examine why the behavior took place.

But Lewis refused to make apologies for her 40-year-old organization, which she said wasn’t going anywhere. Congress, she said, can’t destroy the group by withholding federal funding: “We didn’t have government funding for years,” she said to illustrate that point, according to Politico. “We may not have government funding in the future.”

ACORN, or the Association of Community Organizations for Reform Now, has been receiving about $2.5 million to $3 million each year from the federal government, Lewis said – only about 10 percent of its annual budget. The rest of its funding comes from membership dues and private donors.

Read the full article here.

Tags: ,

No Comments


The Orchid Police: Criminalizing Everything, Everyone

Brian Walsh with the Heritage Foundation has this hilarious, ridiculous, depressing story at the Washington Times:

“You don’t need to know. You can’t know.” That’s what Kathy Norris, a 60-year-old grandmother of eight, was told when she tried to ask court officials why, the day before, federal agents had subjected her home to a furious search.

The agents who spent half a day ransacking Mrs. Norris’ longtime home in Spring, Texas, answered no questions while they emptied file cabinets, pulled books off shelves, rifled through drawers and closets, and threw the contents on the floor.

The six agents, wearing SWAT gear and carrying weapons, were with – get this- the U.S. Fish and Wildlife Service.

Kathy and George Norris lived under the specter of a covert government investigation for almost six months before the government unsealed a secret indictment and revealed why the Fish and Wildlife Service had treated their family home as if it were a training base for suspected terrorists. Orchids.

That’s right. Orchids.

By March 2004, federal prosecutors were well on their way to turning 66-year-old retiree George Norris into an inmate in a federal penitentiary – based on his home-based business of cultivating, importing and selling orchids.

Mrs. Norris testified before the House Judiciary subcommittee on crime this summer. The hearing’s topic: the rapid and dangerous expansion of federal criminal law, an expansion that is often unprincipled and highly partisan.

Chairman Robert C. Scott, Virginia Democrat, and ranking member Louie Gohmert, Texas Republican, conducted a truly bipartisan hearing (a D.C. rarity this year).

These two leaders have begun giving voice to the increasing number of experts who worry about “overcriminalization.” Astronomical numbers of federal criminal laws lack specifics, can apply to almost anyone and fail to protect innocents by requiring substantial proof that an accused person acted with actual criminal intent.

Mr. Norris ended up spending almost two years in prison because he didn’t have the proper paperwork for some of the many orchids he imported. The orchids were all legal – but Mr. Norris and the overseas shippers who had packaged the flowers had failed to properly navigate the many, often irrational, paperwork requirements the U.S. imposed when it implemented an arcane international treaty’s new restrictions on trade in flowers and other flora.

The judge who sentenced Mr. Norris had some advice for him and his wife: “Life sometimes presents us with lemons.” Their job was, yes, to “turn lemons into lemonade.”

The judge apparently failed to appreciate how difficult it is to run a successful lemonade stand when you’re an elderly diabetic with coronary complications, arthritis and Parkinson’s disease serving time in a federal penitentiary. If only Mr. Norris had been a Libyan terrorist, maybe some European official at least would have weighed in on his behalf to secure a health-based mercy release.

Krister Evertson, another victim of overcriminalization, told Congress, “What I have experienced in these past years is something that should scare you and all Americans.” He’s right. Evertson, a small-time entrepreneur and inventor, faced two separate federal prosecutions stemming from his work trying to develop clean-energy fuel cells.

The feds prosecuted Mr. Evertson the first time for failing to put a federally mandated sticker on an otherwise lawful UPS package in which he shipped some of his supplies. A jury acquitted him, so the feds brought new charges. This time they claimed he technically had “abandoned” his fuel-cell materials – something he had no intention of doing – while defending himself against the first charges. Mr. Evertson, too, spent almost two years in federal prison.

As George Washington University law professor Stephen Saltzburg testified at the House hearing, cases like these “illustrate about as well as you can illustrate the overreach of federal criminal law.” The Cato Institute’s Timothy Lynch, an expert on overcriminalization, called for “a clean line between lawful conduct and unlawful conduct.” A person should not be deemed a criminal unless that person “crossed over that line knowing what he or she was doing.” Seems like common sense, but apparently it isn’t to some federal officials.

Former U.S. Attorney General Richard Thornburgh’s testimony captured the essence of the problems that worry so many criminal-law experts. “Those of us concerned about this subject,” he testified, “share a common goal – to have criminal statutes that punish actual criminal acts and [that] do not seek to criminalize conduct that is better dealt with by the seeking of regulatory and civil remedies.” Only when the conduct is sufficiently wrongful and severe, Mr. Thornburgh said, does it warrant the “stigma, public condemnation and potential deprivation of liberty that go along with [the criminal] sanction.”

The Norrises’ nightmare began with the search in October 2003. It didn’t end until Mr. Norris was released from federal supervision in December 2008. His wife testified, however, that even after he came home, the man she had married was still gone. He was by then 71 years old. Unsurprisingly, serving two years as a federal convict – in addition to the years it took to defend unsuccessfully against the charges – had taken a severe toll on him mentally, emotionally and physically.

These are repressive consequences for an elderly man who made mistakes in a small business. The feds should be ashamed, and Mr. Evertson is right that everyone else should be scared. Far too many federal laws are far too broad.

Mr. Scott and Mr. Gohmert have set the stage for more hearings on why this places far too many Americans at risk of unjust punishment. Members of both parties in Congress should follow their lead.

Tags: ,

No Comments


The Orchid Police: Criminalizing Everything, Everyone

Brian Walsh with the Heritage Foundation has this hilarious, ridiculous, depressing story at the Washington Times:

“You don’t need to know. You can’t know.” That’s what Kathy Norris, a 60-year-old grandmother of eight, was told when she tried to ask court officials why, the day before, federal agents had subjected her home to a furious search.

The agents who spent half a day ransacking Mrs. Norris’ longtime home in Spring, Texas, answered no questions while they emptied file cabinets, pulled books off shelves, rifled through drawers and closets, and threw the contents on the floor.

The six agents, wearing SWAT gear and carrying weapons, were with – get this- the U.S. Fish and Wildlife Service.

Kathy and George Norris lived under the specter of a covert government investigation for almost six months before the government unsealed a secret indictment and revealed why the Fish and Wildlife Service had treated their family home as if it were a training base for suspected terrorists. Orchids.

That’s right. Orchids.

By March 2004, federal prosecutors were well on their way to turning 66-year-old retiree George Norris into an inmate in a federal penitentiary – based on his home-based business of cultivating, importing and selling orchids.

Mrs. Norris testified before the House Judiciary subcommittee on crime this summer. The hearing’s topic: the rapid and dangerous expansion of federal criminal law, an expansion that is often unprincipled and highly partisan.

Chairman Robert C. Scott, Virginia Democrat, and ranking member Louie Gohmert, Texas Republican, conducted a truly bipartisan hearing (a D.C. rarity this year).

These two leaders have begun giving voice to the increasing number of experts who worry about “overcriminalization.” Astronomical numbers of federal criminal laws lack specifics, can apply to almost anyone and fail to protect innocents by requiring substantial proof that an accused person acted with actual criminal intent.

Mr. Norris ended up spending almost two years in prison because he didn’t have the proper paperwork for some of the many orchids he imported. The orchids were all legal – but Mr. Norris and the overseas shippers who had packaged the flowers had failed to properly navigate the many, often irrational, paperwork requirements the U.S. imposed when it implemented an arcane international treaty’s new restrictions on trade in flowers and other flora.

The judge who sentenced Mr. Norris had some advice for him and his wife: “Life sometimes presents us with lemons.” Their job was, yes, to “turn lemons into lemonade.”

The judge apparently failed to appreciate how difficult it is to run a successful lemonade stand when you’re an elderly diabetic with coronary complications, arthritis and Parkinson’s disease serving time in a federal penitentiary. If only Mr. Norris had been a Libyan terrorist, maybe some European official at least would have weighed in on his behalf to secure a health-based mercy release.

Krister Evertson, another victim of overcriminalization, told Congress, “What I have experienced in these past years is something that should scare you and all Americans.” He’s right. Evertson, a small-time entrepreneur and inventor, faced two separate federal prosecutions stemming from his work trying to develop clean-energy fuel cells.

The feds prosecuted Mr. Evertson the first time for failing to put a federally mandated sticker on an otherwise lawful UPS package in which he shipped some of his supplies. A jury acquitted him, so the feds brought new charges. This time they claimed he technically had “abandoned” his fuel-cell materials – something he had no intention of doing – while defending himself against the first charges. Mr. Evertson, too, spent almost two years in federal prison.

As George Washington University law professor Stephen Saltzburg testified at the House hearing, cases like these “illustrate about as well as you can illustrate the overreach of federal criminal law.” The Cato Institute’s Timothy Lynch, an expert on overcriminalization, called for “a clean line between lawful conduct and unlawful conduct.” A person should not be deemed a criminal unless that person “crossed over that line knowing what he or she was doing.” Seems like common sense, but apparently it isn’t to some federal officials.

Former U.S. Attorney General Richard Thornburgh’s testimony captured the essence of the problems that worry so many criminal-law experts. “Those of us concerned about this subject,” he testified, “share a common goal – to have criminal statutes that punish actual criminal acts and [that] do not seek to criminalize conduct that is better dealt with by the seeking of regulatory and civil remedies.” Only when the conduct is sufficiently wrongful and severe, Mr. Thornburgh said, does it warrant the “stigma, public condemnation and potential deprivation of liberty that go along with [the criminal] sanction.”

The Norrises’ nightmare began with the search in October 2003. It didn’t end until Mr. Norris was released from federal supervision in December 2008. His wife testified, however, that even after he came home, the man she had married was still gone. He was by then 71 years old. Unsurprisingly, serving two years as a federal convict – in addition to the years it took to defend unsuccessfully against the charges – had taken a severe toll on him mentally, emotionally and physically.

These are repressive consequences for an elderly man who made mistakes in a small business. The feds should be ashamed, and Mr. Evertson is right that everyone else should be scared. Far too many federal laws are far too broad.

Mr. Scott and Mr. Gohmert have set the stage for more hearings on why this places far too many Americans at risk of unjust punishment. Members of both parties in Congress should follow their lead.

Tags: ,

No Comments



SetPageWidth