Sen. Cruz Releases Fifth Legal Limit Report On Obama Regime’s Attempts to Expand Federal Power

obama-lawlessImage via Eagle Rising

The Supreme Court has unanimously rejected Obama Administration’s arguments 20 times during the five and a half years of his presidency says Senator Ted Cruz in his  fifth report on the Regime’s attempts to expand federal power.

 Legal Limit No. 1 documented cases decided unanimously against the Obama Administration from January 2012 to June 2013. Today’s fifth report includes all other cases, dating back to January 2009 when Obama was sworn into office, that the Obama Administration has lost unanimously. Four of those cases were decided by the Supreme Court in its most recent term.

“When President Obama’s own Supreme Court nominees join their colleagues in unanimously rejecting his Administration’s call for broader federal power twenty times since Obama took office, the inescapable conclusion is that the Obama Administration’s view of federal power knows virtually no bounds,” said Sen. Cruz.

 

As Legal Limit No. 1 outlines, the Court struck down the Administration’s federal overreaches nine times. If Obama’s DOJ had been successful in those cases the federal government would have the power to:

 

  • Attach GPSs to a citizen’s vehicle to monitor his movements, without having any cause to believe that a person has committed acrime (United States v. Jones);
  • Deprive landowners of the right to challenge potential government fines as high as

$75,000 per day and take away their ability have a hearing to challenge those fines (Sackett v. EPA);

  • Interfere with a church’s selection of its own ministers (Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC);
  • Override state law through the Presidential fiat (Arizona v. United States);
  • Dramatically  extend  statutes  of  limitations  to  impose  penalties  for  acts  committed decades ago (Gabelli v. SEC);
  • Destroy private property without paying just compensation (Arkansas Fish & Game Commission v. United States);
  • Impose double income taxation (PPL Corp. v. Commissioner of Internal Revenue);
  • Limit property owner’s constitutional defenses (Horne v. USDA); and
  • Drastically expand federal criminal law (Sekhar v. United States).

 

In the newly-released report, Sen. Cruz catalogs the most recent cases decided in 2014 and the previous cases decided in President Obama’s first three years in office. If President Obama’s lawyers had won these cases, the federal government would have the power to:

 

  • Unilaterally install officers and bypass the Senate confirmation process (NLRB v. Noel Canning);
  • Search the contents of cell phones without a warrant (Riley v. California);
  • Use international treaties to displace state sovereignty over criminal law (Bond v. United States);
  • Expand federal mandatory minimum sentencing laws (Burrage v. United States);
  • Apply arbitrary immigration rules (Judulang v. Holder);
  • Bring prosecutions after statutory deadlines (United States v. Tinklenberg);
  • Ignore certain veterans’ challenges to administrative agency rulings (Henderson ex rel. Henderson v. Shinseki);
  • Override state prosecutorial decisions by treating minor state drug offenses as aggravated felonies under federal law (Carachuri-Rosendo v. Holder);
  • Undermine Congress’s power to define criminal laws and the jury’s role in criminal cases (United States v. O’Brien);
  • Charge drug buyers with crimes committed by drug sellers (Abuelhawa v. United States); and
  • Ignore mental states needed for federal criminal convictions (Flores-Figueroa v. United States).

 

All of Sen. Cruz’s Legal Limit reports may be viewed at www.cruz.senate.gov/lawless.

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Did The Cochran Campaign Buy Black Votes? Because That Would Be Illegal / Updated

It’s incomprehensible to me that the Republican establishment felt like it was necessary to go all out in that Mississippi primary, last week.  76 year old Thad Cochran is a Senator so out of touch, he didn’t know about House Majority Leader Eric Cantor’s primary loss until three days later.  The reverberations of this mess are still being felt and stench of corruption has not dissipated.

What Majority Leader Mitch McConnell recently called “a nice family fight in some of our primaries”  has caused a huge rift between the establishment and the grassroots. And the grassroots are not in the mood to kiss and make up.

Was Thad Cochran’s victory worth having a Republican explicitly running on the glory of earmarks and the value of large federal spending projects in the state? Why not just hold up a giant flashing neon sign saying “WE DON’T REALLY CARE ABOUT THE SIZE OF GOVERNMENT”?

Was it worth running radio ads declaring, “By not voting, you’re saying, ‘Take away all of my government programs, such as food stamps, early breakfast and lunch programs, millions of dollars to our black universities”?

Was Cochran’s victory worth a flyer like this one, contending that the Tea Party is racist?

No. I daresay it was not. There’s a difference between hardball tactics and sleezeball tactics. I generally associate sleezeball, Alinskyesque, ends-justify-the-means tactics with the left – not the party I support and for whom I fight. Shame on the GOP for being a party to this. I am seriously displeased.

But it gets worse.

Aaron Gardner of Red State and Charles Johnson of Got News have evidence that point to the Cochran campaign buying votes – which is illegal.

Redstate: BREAKING: New Allegations Point to Cochran Campaign in Mississippi Senate Vote Buying Scandal:

An audio interview has surfaced in which the interviewee claims that he was to be paid by the Cochran camp to grease voters in the Mississippi GOP Senate runoff election. The audio interview, which coincides with a separate audio recording and batch of evidence produced by the newly launched GotNews.com, a project by Charles C. Johnson, alleges that the Cochran campaign conspired with a Mississippi Reverend to buy the votes of African American voters, who happen to be democrats.

Before I get into the weeds of what is in the audio interview and transcript, which are both below, let me set up the stage a bit. What is alleged to have occurred is illegal and very serious business. Under Mississippi law the alleged crimes could lead to Thad Cochran being removed from the Senate. Everything that follows comes from sources either on the ground in Mississippi, or those working closely with them.

Reverend Fielder has claimed to have evidence that would prove illegal activity took place in the Mississippi GOP Senate run off election. Furthermore, the evidence he claims he has would implicate the Barbour machine and a staffer to Cochran’s Senate campaign. The motivations of the Reverend are not those of a saint. As is made clear throughout the interview and in the transcript, this Reverend is looking to get paid to provide information, just as he sought to get paid to deliver votes by illegal means. Reverend Fielder claims that Cochran’s people were supposed to pay him approximately $15,000 for his efforts, but failed to do so after the incumbent Senator had achieved victory in the run off.

With all of that said, if the evidence is produced and validated, I don’t know how much longer Thad Cochran will be a Senator.

Aaron Gardner and Charles Johnson talked with Thomas LaDuke of FTR Radio about the Illegal Vote Buying scheme. 

Audio here. 

This “family fight” isn’t over, yet – there will be a reckoning. As John Boehner would say, it’s not a matter of who loses their jobs. Who’s going to jail?

UPDATE:

Red State: #MSSen FEC Now Looking Into Pro Cochran SuperPAC:

From Roll Call, the defecation has begun to hit the rotary wind device:

The Federal Election Commission (FEC) has sent a Request For Additional Information (RFAI) to Mississippi Conservatives, a Super PAC supporting the re-election of Sen. Thad Cochran, R-Miss.  The committee has until August 1st to respond, or the failure to do so “could result in an audit or enforcement action.”

***

I will note here that the local news reported tonight that deputies of the Hinds County Sheriff Department were outside of the GOP Headquarters as leaders discussed the allegations of fraud.

We are told deputies are checking the identification of anyone wishing to enter the building.

In addition, State Senator Michael Watson tells WJTV News Channel 12 that the McDaniel camp has found 3,300 “irregular votes” from last Tuesday’s election.

A spirited discussion on Hannity with NY Civil Rights leader Michael Myers and radio talk show  host Dennis Prager:

TRUE THE VOTE FILES SUIT AGAINST MISSISSIPPI, STATE REPUBLICAN PARTY:

REQUESTS IMMEDIATE ACCESS TO ELECTION RECORDS AHEAD OF CERTIFICATION DEADLINE 


OXFORD, MS. — July 1, 2014:
True the Vote (TTV), the nation’s leading voters’ rights and election integrity organization, today filed suit in federal court against the Mississippi Secretary of State and the State Republican Party, asking the Court to immediately order that election records be shared to inspect for illegal votes ahead of certification for the June 24 U.S. Senate Primary Runoff Election (True the Vote, et. al v. State of Mississippi, et. al. (3:14cv144-MPM-SAA)).

True the Vote and associated plaintiffs argue that the defendants failed to properly abide by federal election record maintenance and open records provisions codified in the National Voter Registration Act of 1993 (NVRA). Records made partially available to the plaintiffs indicated “double-voting” from Democratic to Republican primaries — potentially diluting votes in violation of the Equal Protection Clause.

“All we are asking is that the MS State Republican Party follow the law; allow their designated county representatives to inspect the poll books and ballots, give them the review time they are permitted by law, and allow them to uphold their responsibility to MS voters,” True the Vote President Catherine Engelbrecht said. “True the Vote has been inundated with reports from voters across Mississippi who are outraged to see the integrity of this election being undermined so that politicos can get back to business as usual. Enough is enough.”

“This isn’t about personality, party, or politics. Senators come and go,” Engelbrecht continued. “What must withstand the test of time is the integrity of the process by which we elect our representatives and establish our government. No candidate or party should ever be allowed to twist election laws or subvert voters’ rights in the interest of political ambition.”

True the Vote has closely followed developments surrounding the Mississippi Republican Primary Runoff from the beginning. On June 21, TTV released figures demonstrating unusual voter turnout patterns based on historic data. On June 25, the organization formally requestedthat MS Republican Party Chairman Joe Nosef delay certification of the election and share voting records for independent review. Finding no assistance from the state party, TTV and the collected 13 plaintiffs were left no option but to pursue the matter in federal court.

True the Vote’s lawsuit consists of three counts:

Count One:Violation of NVRA’s Public Disclosure Provision. Shortly before the Republican Primary Runoff Election, True the Vote, via its volunteer base, made a valid and timely request to review voter rolls and poll books under the NVRA, but it was denied access to those records.

Count Two:Individual Plaintiffs Allege a Violation of NVRA Based on Conflict with State Laws.Plaintiffs seek a declaration that the NVRA preempts any state requirement calling for public election information to be redacted at the cost of the requestor.

Count Three:Individual Plaintiffs Allege an Equal Protection Violation. Discovering potential instances of “double-voting” between Democratic and Republican primaries are unlawful dilutions of individual votes.

True the Vote engaged legal representation with the firm of Beirne, Maynard & Parsons L.L.P. TTV’s complaint was filed in the United States District Court for the Northern District of Mississippi, Oxford Division.

A copy of the complaint has been made available here.

True the Vote (TTV) is an IRS-designated 501(c)(3) voters’ rights organization, founded to inspire and equip volunteers for involvement at every stage of our electoral process. TTV empowers organizations and individuals across the nation to actively protect the rights of legitimate voters, regardless of their political party affiliation. For more information, please visit www.truethevote.org.