Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Archive for the ‘legal info’ Category

… Prosecutorial Discretion is [#what is it]…

Posted by paulfromwloh on Saturday,December 31st,2016

.. what is it ? ..

.. well , it is the act of making choices ..

.. what POTUS is doing is not prosecutorial discretion . It is a blatant , illegal , and lawless powergrab …

.. what prosecutorial discretion is is the willingness to enforce the body of law . It means the ability and choice to do so as a whole , not in pieces …

.. it means setting priorities , but it still means doing your duty . Obama and his cronies are doing no such thing …

.. what POTUS is doing is what I would define as the most certain ” impeachable offense … “

Posted in body of law, legal info, legal question, moral question, personal opinion | Tagged: , , , , , , , , , | Leave a Comment »

… What are They Thinking ?!?! [#Operation Choke Point]…

Posted by paulfromwloh on Thursday,November 10th,2016

.. I am sorry that I did not know what Operation Choke Point was , before .

.. I do now .

.. It is unquestionably illegal , an illegal use of congressionally appropriated funds for which there is no moral or legitimate purpose . People who run legal businesses have a right to do business , without hindrance . Banks and other financial institutions may choose to or not to do business with them . They have the right to choose to enter or exit areas of business that they find tasteful . If they find them distasteful , then they will not do so . But , it is their choice …

.. [h/t — Newsmax]..
.. [link] to the news story ..

.. Governments have at their discretion a great deal of power . They should use it responsiby and carefully . It is not the province of the government , however , to grossly misuse its law enforcement and regulatory powers to harass , intimidate , and / or penalize them . They have a right to do business with whom they choose . They do not have a right to put them out of business by indirectly targeting them by their financial intermediaries [the banks / s&ls , etc]. It is not just unfair , it is illegal and unconstitutional …

Posted in financial opinion, fraud, legal info, legal strategy, personal opinion | Tagged: , , , , , , , , , , , , , , , , | Leave a Comment »

… the Federal District Judge will have to Review This [#T.I.G.T.A.]…

Posted by paulfromwloh on Wednesday,September 7th,2016

.. this pertains to the F.O.I.A. fight that Cause of Action has mounted against the ObamaCrap Administration . They have submitted a request for documents . The ObamaCraps have fought it every step of the way …

.. this sucker has made it to federal court , more than once . It will , once again . The judge will have to review the documents in question …

.. [h/t — WashingtonExaminer.com]..
.. [link] to the blog news piece ..

.. the big headache is what to do with the taxpayer information , if any , that made its way into those e – mails . The judge will have to determine if any of it , or that from a tax file , are present . If either is the case , then the judge has to decide to release the documents , but in redacted form , or release them as is , no matter what the form …

Posted in law enforcement, legal info, legal question, media blunder, personal opinion, rule of law | Tagged: , , , , , , , , | Leave a Comment »

… What I think [#POTUS and Exec Amnesty (Immigration)]…

Posted by paulfromwloh on Monday,April 18th,2016

.. you would think that there are no court cases out there . There would be no way in order to reverse POTUS ‘ action , and crack down on his antics on misconduct in office …

.. Wrong ! …

.. there is this little matter of Az Dream Act Coalition (sic) v. Brewer . It is a case out in the loonie land of the judiciary , the 9th Appeals Circuit Court . Yeah , that one . So , what is it about ??

.. [h/t — HotAir.com]..
.. [link] to the news article ..

.. when POTUS pulled his stunt on D.A.C.A. (for the Dreamers) , Az Gov Jan Brewer retaliated . She made it explicitly clear that under Arizona law , illegal aliens were clearly ineligible to receive documernts such as Az driver licenses . They were not able to , already . Her E.O. made it more explicit . So , the coalition sued …

.. the Federal District Court in Phoenix said no . However , a 3 – judge panel of the 9th Circuit said yes , that Dreamers could get these government documents , such as driver licenses . Even though AZ law was clear on the subject , that they were ineligible , and thus not allowed …

.. I think that the U.S. Supreme Court could reach down to this court , grab the case , and fast – track it for briefs and arguments at the Supreme Court . Boy , would that set off a circus . It would , in addition to the likely impeachment inquiry that would result from such an order . People will think that potus WILL GO SMALL . iN THIS CASE …

.. in for a penny , in for a pound . I think that Obama will go for ” the gusto , ” and supposedly ” legalize ” as many people as he thinks that he can get away with ….

— [update] — well , His Lordship did do it , just but not as much as I expected . Also , now , Arizona has a new GOP governor [Douglas Ducey] who is just as committed to this case . This case is far closer to the US Supreme Court than anything else , so stay tuned …

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… What Taxpayer Info ?? [#Cause of Action]…

Posted by paulfromwloh on Sunday,March 27th,2016

.. Cause of Action has really popped up a super hot potato . I just think that they do not realize how hot a potato that it really has become …

.. those documents [e-mails] that they have requested from Lois Lerner and her office evidently are really dark navy blue hot . Yes , that hot . it is as hot , temperature – wise [on the science scale] as it gets …

.. T.I.G.T.A. is balking at releasing the e – mails because of taxpayer information …

.. [h/t — WashingtonExaminer.com]..
.. [link] to the news article ..

.. What info is there in those docs ?
.. Whose info is it ?
.. Individual tax info , businesses , or organization ?
.. Where did it originate ?
.. Where was it sent from ?
[presumably Lois Lerner ‘ s office]
.. more interestingly ,
where did the e – mails go ? To who , and where [especially at the ObamaCrap White House , if at all ?? ]..
.. Why ? [if it can be determined]..
.. When ?
.. For What purpose ? [if it can be determined]…

.. when we get answers to many of these questions , IRSGate COULD ROCKET OFF the scandal scale like crazy …

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… This One is Important [#Legal Attack on Racial Preferences]…

Posted by paulfromwloh on Thursday,March 17th,2016

.. it could have been any school across the country .

.. in this case , it was one private school [Harvard College] and one public state university [the University of North Carolina] …

.. [h/t — m.NationalReview.com]…
.. [link] to the blog news …

.. the lawsuit is gutsy , as well as a new front in the legal war that seeks to end racial preferences across the nation . They have to do it themselves , unfortunately , because they are not going to get any help from the ObamaCraps …

.. the ObamaCraps , especially , are about as pro – racial preferences a presidential administration that I have ever heard of . You can go back to the origination of the preferences , under both Republican and DemoCrap POTUSes . None of them have been this radical . None …

.. ironically , it is not white folks who are being discriminated against in this case . Nope , not this time . It is Asians , of all people , who are getting nailed by the racial preferences in admissions . Presumably , it is happening at the graduate and doctoral levels , as well …

.. I wish them God Speed , and good luck !! …

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… Well , Now We Know [#Darren Wilson case]…

Posted by paulfromwloh on Monday,March 30th,2015

.. I honestly thought that police officer Darren Wilson might be charged with a crime . I was hoping that I was wrong , but I was not sure …

.. thankfully , I was wrong , Officer Wilson has been cleared in the Michael Brown case ..

.. I hope that the grand jury in the case issues a report . it would make for interesting reading , to be sure …

.. now what happens ?? Will the Federales decide to step in ? Given  the Holder – abused Department of InJustice , I would not bet against it . Holder and his flunkies will certainly try , if they think that they could get away with it …

— update — Patrolman Wilson was not indicted for any of his actions during the Michael Brown case . However , the holder Department  of InJustice has come down hard on the city of Ferguson , Mo for a lot of pablum and puke …

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… Megyn Kelly is Right ! [#blasting Mo. Governor Nixon]…

Posted by paulfromwloh on Wednesday,August 27th,2014

.. she is spot – on right …

.. [h/t — m.NationalReview.com]..
.. [link] to the show segment …

.. she made the point that Missouri Governor Jay Nixon was extraordinary and highly irresponsible in making the comments that he did in urging a ” vigorous prosecution . ” …

.. A grand jury investigates , first , what happened . Then , once one is fairly sure that they have presented a sufficient case , then the prosecutor asks the grand jury to hand up an indictment , or not . They may not . They can vote a ” True Bill ” [an indictment] on the proposed charges , or ” no True Bill , ” thus clearing an individual …

.. that is something that many people do not understand . They understand the trial court process . But , they do not understand the grand jury process , or what it is supposed to do , or achieve …

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…Be Careful What You Wish For [#Impeachment]…

Posted by paulfromwloh on Monday,August 4th,2014

.. you just might get it ..

.. right now , the DemoCraps are conducting a fundraising marathon – to – beat – all over the ” I ” word …. not a big shock …

.. amazingly enough , even senior White House aides [including DannyBoy Pfeiffer] and FLOTUS herself are getting in on the act …

.. [h/t — WashingtonExaminer]..
.. [link] to the column ..

.. well , after the first of the year , once the GOP takes over Congress , do not be surprised if it actually comes to pass , given Obama ‘ s actions …

.. the House lawsuit may well do some good . It will , however , take a great deal of time . Crane v Napolitano had promise , but it has died , for now , unless it revives on appeal ….

.. the best case , inadvertantely , is the Arizona case over illegals and driver licenses . Az Gov Jan Brewer has taken this on as a crusade , and her successor [likely a Republican] hopefully will follow . This case will be a big issue in the Az Governor ‘ s election , and that will force the issue . This one , ideally could use a conflict with another circuit , but the Supremes may well take it on themselves …

.. if Obama pulls the stunt that I expect on illegals [exec action on legalization] , I am sure that he will pull it . It is just a question of whether of when he does it ….

.. When he does , the reaction is going to be a honey . It might goose Dem turnout a little , but it will enrage Republicans and Independents . I would bet that even a fair number of Dems will be pissed off by the manuveur . Then calls for the ” I ” word will explode , I will bet …

.. if he does , my voice will be one of them ! …

Posted in legal info, legal question, personal opinion, political accountability, political message, political question, political strategy | Tagged: , , , , , , , , , , , | Leave a Comment »

… Bowe Bergdahl has Some Explaining to Do [#his own actions]…

Posted by paulfromwloh on Friday,July 11th,2014

.. if the news reports are accurate , Bowe Bergdahl is likely going to be in some serious trouble when he comes home ..

.. [h/t — Newsmax]..
.. [link] to the news reports ..

.. also , credit FoxNews ..

.. unless there is some legal provision keeping them secret , the intelligence reports will likely be able to be used by the government in an investigation . Maybe not as direct evidence , in an of itself , no . But it provides a trail for investigators to follow .

.. In some situations , there are legal protections , and for good reason . If the sources are sensitive enough , the government may not allow the intelligence to be able to be used in an investigation . The sources and or methods may well be that sensitive . This is not a safety inquiry , where part of the inquiry is blocked to encourage cooperation for future use by safety regulators . it is a criminal inquiry , where the accused is in some serious hot water .

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… What Part of Court Precedent does the City of Chicago not Understand [gun rights / gun sales]…

Posted by paulfromwloh on Tuesday,July 8th,2014

.. I am talking about court precedent , such as Heller v DC [gun rights] , McDonald v City of Chicago [ditto] , and Moore v. Madigan [likewise] …

.. Mayor Rahm Emmanuel is living dangerously …

.. he has to be reasonable , or the court is going to do the job for him ..

.. [h/t — TruthRevolt]..
.. [link] to the article …

.. until this year , gun sales were effectively prohibited in the City of Chicago . No more . Courtesy of a ruling in a case brought by the Illinois Shooting Sports Federation , Federal Judge Edward Change basically slapped down the city . He has given the city up to 6 months to enact gun store sales regulations . If they do not straighten up and fly right , the judge can enact them by court ruling …

.. if he has to do that , it will be open season in the City . Which City Hall will hate with a passion . Those dummies have to remember , they are still under the precedent from Chang ‘ s original ruling , plus the ruling in Moore v. Madigan . They have to obey it . like it or not …

.. they may wish that the state would appeal Moore to the US Supreme Court , but the anti – gun groups are scared to death . If the Moore precedent is applied nationwide , a whole boatload of gun laws , like the Wiilliams Act and SAFE in New York (for example) would go bye – bye …

Posted in 2nd Amendment, legal info, legal opinion, personal opinion | Tagged: , , , , , , , , , , , , , | Leave a Comment »

… Ambiguity in the Clean Air Act [& Amendments] …

Posted by paulfromwloh on Saturday,July 5th,2014

.. yes , it does matter .

.. you might ask , huh ? ..

.. [h/t — m.NationalReview//BenchMemos]..
.. [link] to the blog post …

.. an agency gets a certain amount of latitude in how to interpret a statute . That latitude , due to a certain US Supreme Court case [Chevron v N.R.D.C.] is referred to as ” Chevron deference . It is actually quite simple , as it is a two – prong test . Part One is Congressional intent . If Congress has clearly spoken , then that is it . Part Two is where things get a lot more dicey . If things are ambiguous , then is the agency ‘ s ” construction ” of the meaning reasonable and applicable to the statute . If not , then , down the drain …….

.. It matter a lot , because the ObamaCrap E.P.A. is using that ” Chevron Deference ” in order to be able to regulate ” greenhouse gases . ” If their interpretation is struck down , as I think is really possible , then His Lordship ‘ s ” Climate Change ” diktat is toast …

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… What in the Hell was the IRS thinking ??? …

Posted by paulfromwloh on Saturday,July 5th,2014

.. I have heard of boners by the Infernal Service , but this one takes the cake . Sharing over 1 million pages of files with the Department of Injustice ??

.. [h/t — Powerlineblog.com]..
.. [link] to the blog post ..

.. sharing information from a taxpayer ‘ s file for an unauthorized and / or illegal purpose is illegal . It is a F – E – L – L – O – N – Y . Oops ! …

..People are going to jail on this one . The only question now is how many , and for how long ?? ….

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… Bowe Bergdahl ‘ s conduct should be investigated …

Posted by paulfromwloh on Monday,June 30th,2014

.. yes , he has been through a hellish experience .

.. however , he has a duty to his fellow soldiers and to our country . He needs to account for his actions …

.. before he is discharged from the Army , or he is possibly even promoted to a higher enlisted rank , he needs to be investigated . Given the news reports , a number of his actions have been called into question . What happened needs to be fleshed out …

.. for Mr. Bergdahl ‘ s future , as well as for his reputation , it needs to be done …

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… What can POTUS do about Amnesty ?!?! [Immigration] …

Posted by paulfromwloh on Tuesday,June 24th,2014

.. basically , next to nothing …

.. Obama can grant a pardon or reprieve on the criminal act . That is an inherent right of a President in the powers and duties given to the POTUS in the Constitition . But , giving illegals ” amnesty ” for citizenship is a civil act . That is something that he cannot do ..

.. [h/t — theRightScoop]..
.. [link] to the CSPAN footage …

.. Illegals are here illegally . They ” jumped ” the line , and came here without legal permission (a visa) . Yea , in case one is wondering , that is a crime . Matter of fact , it is a felony . A pardon clears them of the criminal act (i.i.) . It does not , under the law , clear them as having the clearance for immigration . The strict nature of our immigration laws does not allow the granting of citizenship to someone who came here illegally , unless Congress grants an amnesty , and POTUS signs it into law …

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… It will be Interesting to See What happens with the Army JAG Corps …

Posted by paulfromwloh on Tuesday,June 17th,2014

.. why , may you ask ? ..

.. I suspect and believe that Sgt. Bowe Bergdahl is a deserter , at the very least . There is evidently an intelligence file on Bergdahl in the possession of the Government , likely the D.O.D. . Hopefully , Army JAG will be able to get its hands on it , or major parts of it …

.. there are plenty of people involved in the case . Now that the monkeyshines are coming out into the open , it is clear that higher – ups suspected that Bergdahl was a deserter , possibily even a collaborator , or even a traitor . It needs an investigation , It cries out for a thorough invesgitation . Hopefully , it will get one ..

.. [h/t — TruthRevolt]..
.. [link] to the news piece …

.. Army JAG will have to conduct a JAGmen , or preliminary investigation on the actions and the conduct of Sergeant Bergdahl . I believe that higher – ups in the Pentagon will do so , if only to give the situation a thorough airing . That would be a good idea , as long as it is complete and fair …

.. With the ObamaCraps , I wonder . I think that those idiots could try to screw around with the investigation , or even to put undue command influence on it . Having it done by civilians is never a good idea . It being done by anyone in uniform is a criminal offense . Hopefully , for all involved , Sgt. Bergdahl will get a chance to get his case investigated , thoroughly and fairly . No monkeyshines or interferenece from above . Given the circumstances , it would be best . The question is , will it happen ??

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… There is the Possibility for Witness Tampering [#bergdahl]…

Posted by paulfromwloh on Tuesday,June 10th,2014

.. I do agree , there is some possibility for witness tampering in the Bergdahl case …

.. that presumes that the ObamaCraps have someone who is in the know on the inside of the investigation . That will not be easy . With this White House , they will have every incentive to try to meddle . They have already totally botched the handling of this case as it is . So , there is motive ..

.. however , I do believe in the professionalism of JAG Corps . Especially in the JAG HQ . That is an honor posting . No , you are not generally going to find any ” Harmon Rabb ” types in the military services . That kind of colourful personality just would not be tolerated . A little bit of a personality , well , yes …

.. [h/t — NiceDeb]..
.. [link] to the show segment …

.. in the military services , there are offenses that in a civilian would be moral offenses . In the military [under the U.C.M.J. , or Uniform Code of Military Justice] these offenses would be considered crimes , punishable by many different types of punishment , including dismissal from the service , as well as confinement [jail] , and others ….

.. in this case , the one that Dr. Krauthammer is worried about would be considered ” Unlawful Command Influence . ” If it is a civilian that does it , then the military judge has to consider whether the rights of the accused have been violated . If it is someone in uniform , especially an officer , then , it is a crime , and the same judgement would have to be made .

..Even if Bergdahl is guilty as sin , if his rights are violated by anyone , then he could well be set free as a result . What might have been done would have been considered to be prosecutorial misconduct . Then , double jeopardy atttaches , Bye – bye case ..

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… i hope Dick Morris is Right …

Posted by paulfromwloh on Monday,June 9th,2014

.. he is , of course , referring to the newly published and adopted so – called ” climate change ” regulations …

.. given what ” Dingy Harry ” Reid has done to the D.C. Appeals Circuit , it will take awhile for it to get to the US Supreme Court ..

.. [h/t — newsmax]..
.. [link] to the statement ..

.. the idiots on the court may try to play fast and cute with the case in order to speed it up or especially to slow it down . The cast of characters on the Supreme Court could well change before the case gets there . If it does , then the potential outcome could change drastically …

.. Right now , I can see it going 6 – 3 (conservatives , plus Breyer) , or possibly 6 – 2 (ditto , minus Kagan , since this started when she was Solicitor General) …

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… Hooray ! … but only a Partial Victory [Wisconsin John Doe case]….

Posted by paulfromwloh on Tuesday,May 13th,2014

.. up in Wisconsin , the DemoCraps play hard and play nasty …

.. but this nasty ? … geez …

… several Wisconsin district attorneys [all democraps , naturally] have been conducting an under-the-covers criminal investigation of several Wsiconsin – based conservative leaning interest groups . Besides incurreing tens of thousands of dollars in legal and other fees , the probes are , I think , desgined to hinder the groups and slow them down . Why ?

.. the expense alone eats up $$ that is contributed . Bummer . But it also eats up and wastes time , which is timeless and valuable …

.. a probe like this hits the free – speech rights of the affected . These folks have their constitutional rights trampled upon for no reason . Well , they decided to fight back …. and how …

.. [h/t — TAS]..

.. [link] to the blog news ..

.. a federal district judge inMilwaukee got the case , and , boy , did  he hand their heads to the district  attorneys . When there is legitimate grounds for a criminal  invettigation , that is one  thing . A prosecutor is  then  given a great deal of freedom and latitutde to do their job . But , they must use that freedom wisely . If there is little or no grounds for an inquiry , then , that is it . Stop it ,  right there . That is what these D.A.s did not do . The judge [Rudolph Randa] called them on it …

.. so far , it is only a  partial victory ,  however . The D.A.s appealed to the

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… This One could get Interesting [Supreme Court case // IRS powers]…

Posted by paulfromwloh on Sunday,May 11th,2014

.. this one is not about a request for information .

.. this one comes in the normal course of doing business , including in the performance of an audit or an examination . It is done all of the time …

.. what it is about is the next step in the process , a summons . This one carries legal teeth . In effect , it is a subpoena . It carries the same effects as one . These are usually approved by courts as a matter of course …

.. The Infernal Revenue Service is not used to people balking at summons . Those ” hush puppies ” have teeth . But , they can be challenged .

.. [h/t — TAS]..
.. [link] to the blog news ..

.. this one is about a taxpayer challenging the legality and authority of an IRS summons . I am guessing that the Service is plenty surprised by this . But , the taxpayer is right , in this case . the Service has to have legal authority for the summons ..

.. when a taxpayer decides to due this (go to war with theService) , they are getting themselves a world of trouble . I am presuming that this fellow has a tax lawyer , and , in addition , a good appeals lawyer , to boot . But , they should be darned sure of their position , If they are , then go to it . The Service has to have a legal basis for what it is doing .

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… This Hollywood Scandal is on Low – Simmer for Now [Bryan Singer / X – Men]..

Posted by paulfromwloh on Wednesday,April 30th,2014

.. it is not that Bryan Singer is gay that bothers me .

.. his personal life normally is his business , and nobody else ‘ s . So , what is the issue ?

.. [h/t — TruthRevolt]..
.. [link] to the blog news ..

.. quite a few of them , a lot of them criminal in nature . However , credibility and timing are very much at issue , right now …

.. to be honest , for now , Singer is going to be nowhere near his beloved film franchise . He cannot get anywhere near it , right now , at least in public . On the set , he can . In public , no way …

.. there could be more to it . For the allegations to hold water , there needs to be , especially with corroboration . Given the results of the McMartin preschool case , you are going to need more than that , especially with adults , in order for there to be the possibility of a solid criminal inquiry or criminal charges against anyone ..

.. if there is more credibility [documents , corroboration , security video , etc… ] to these allegations , boy , oh boy , could they get to be explosive , in more than one way ….

.. more to come , to be sure

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… Elijah Cummings is in Deep Trouble [#IRSGate]…

Posted by paulfromwloh on Friday,April 25th,2014

.. if we were having an honest and thorough investigation of the IRS affair involving Lois Lerner …

.. it may take years , and it may rely on an executive branch screwup to appoint an Independent Counsel . But eventually , I believe , justice will be done …

.. [h/t — theGatewayPundit]..
.. [link] to the blog news ..

.. even more pressure will be applied once the DemoCraps get their butts kicked in November , and these scumbags lose the Senate . Then , it will be interesting to see how many seats the GOP picks up , and how close that they can get to the magic number of 67 (to remove Obama & Biden) …

.. Cummings playing footsie with True the Vote ‘ s IRS info and its IRS file both are felonies . Once Lerner and others break , it will be interesting to see how high up IRSGate goes . I do not think that it will reach into the ObamaCrap White House , but it is possible …

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… Earth to Megyn Kelly [#Tax Returns]…

Posted by paulfromwloh on Tuesday,April 15th,2014

.. and to Cleta Mitchell …

.. re : True the Vote ‘ s tax returns …

.. their tax returns are not publically available information . Neither is their application for their 501c3 or c4 tax status . That information goes into the taxpayer ‘ s tax file as a part of the process . Then , eventually , the Infernal Revenue Service can make a judgement on the application for the requested tax status …

.. that information in that tax file is confidential . it is most definitely not for unofficial purposes , such as political abuses by the Infernal Service itself . Also , it is not available to other parties , such as a leak of the National Organization for Marriage ‘ s tax information to a gay enemy group a number of years ago . It most definitely is not something that is available for release to Congress , to Congressional staff , or any other arm of Congress or any other Executive Branch agencies …

.. playing around and playing cutsie – pie with those files is a F – E – L – O – N – Y . Which means , with federal sentencing guidelines , you do not pass go , you do not collect $ 2 million , you go directly to the Graybar Hotel for a stretch of time [good question on how long] …

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… Busted [#A Fine Whine] …

Posted by paulfromwloh on Saturday,April 12th,2014

.. it seems that AG Holder thinks that he can do whatever he wants …

.. Wrong …

.. ya need to see Congressman Trey Gowdy go at it with Holder . Holder was never a prosecutor . However , Gowdy was before he was elected to Congress . So he knows more than a little on the subject of discretion and power …

.. [h/t — theRightScoop]..
.. [link] to the Congressional Hearing footage …

.. the relevant text …

It’s this exchange that caught my attention:

GOWDY: That’s my point, is that your memo is trumping a congressional statute.

HOLDER: Well, I mean, we always have discretion. And, would you say that…

GOWDY: But you don’t have discretion on whether to the follow the law or not. That’s my point.

HOLDER: No, no, I would disagree in the sense that, taking into account resource constraints, it is incumbent upon those of us in the executive branch to make the maximum use of the resources that Congress gives to us. That necessarily means we’re always making choices about the kinds of cases we bring, how we deal with cases we bring…

GOWDY: But you’re already expending the resources of the prosecution or you and I wouldn’t be having the question. This is all about sentencing. I have no qualms if you say I’m gonna decline prosecution. You have an unfettered right to do that.

What I’m saying is you don’t have the right to say, in mandatory minimum cases, don’t tell the grand jury what the drug amount is.

Holder believe his ‘discretion’ gives him the power to ignore the law as long as he can cite ‘resources’ as the excuse. This is exactly the argument Obama is using regarding deportation of illegals. They ignore congressional law and claim they don’t have the resources needed to fully enforce the law. In reality they are pushing their own agendas which, in this case, is trying to keep minorities out of prison even when drug amounts are severe enough that the law demands prison time.

I would add that Holder also seems fairly outmatched in this debate with Gowdy, as he confuses prosecution and sentencing. Not only does Gowdy expose Holder’s motives, he also exposes what a light weight Holder is when it comes to defending his lawlessness.

.. Holder seems to think that he has unlimited discretion in enforcing the law . No he does not . The overall principle is that he needs to remember that he has to enforce the ” body of law ” as a whole . He may have discretion as to the what and how , but not to discretion that makes policy changes that , in effect , change the meaning of laws passed by Congress ….

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… What in God ‘ s Name are Union Reps …

Posted by paulfromwloh on Tuesday,April 1st,2014

.. doing going along with O.S.H.A. at a safety inspection for a company ?

.. They have no business being there . None . None at all . It should be and must be the company and the regulatory agency with the agency act . Not a third party . The government sure as hell does not have the legal authority to do such a thing …

.. [h/t — DailyCaller]..
.. [link] to the article ..

.. where in the hell does O.S.H.A. get the legal authority to pull such a stunt . Now , by doing this , they call into question their impartiality and neutrality as a regulator , and drag in any number of other issues (labor – related , naturally) into a dispute …

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… Well , What do I Think [Hobby Lobby v Sebelius] …

Posted by paulfromwloh on Sunday,March 30th,2014

.. drawn in part from ScotusBlog , and in part from National Review ‘ s Bench Memos …

.. I think that the government is in big trouble ….

.. [h/t — ScotusBlog]..

.. [link] to the blog post ..

.. — Note — this stuff by Amy Howe of ScotusBlog helps bring the dry rigamarole of law and legal arguments into plain English . It tries to translate the legal schtuff that most folks (even me , sometimes) do not always understand , and bring it to everyday folks in a simpler and plainer manner , especially less verbose …

.. back to the wars — women can still get their health insurance and their benefits . It is just that they will not be able to get their corporate bosses to finance the abortion – related part of it , the public financing of which is already illegal under federal law .

.. also , it is a substantial burden to force people over their moral objections to pay for things that for which they have substantial and paraamount moral objections to , such as abortion and abortifacient drugs . It is not that women cannot get them . The companies are not interfering in that . It is that the government cannot force individuals , either directly (as a sole proprietorship or partnership) or as a corporation (indirectly) to violate their firmly held First Amendment rights to  freedom of religion and finance something that for which they have sincerely and deeply held moral objections …

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… It is Time for U.S. Attorneys to Step Up …

Posted by paulfromwloh on Wednesday,March 12th,2014

.. they also have jurisdiction over the investigation of the Infernal Revenue Service …

.. if Main InJustice refuses to do its job , then a U.S. Attorney or 2 should step up . Especially one who is involved in an active court proceeding . The U.S. Atty can use the active case to start the investigation , and have the protection of an active case (and the involvement of a Federal District Court judge) in order to kick things off .

.. Once this becomes publically known , then Main InJustice cannot touch the U.S. Atty in question . They will be forced to set them up as a special counsel , in addition to their regular duties . The higher ups then cannot touch the U.S. Atty in question without risking impeachment and removal …

.. It could also come from a civil case . A Federal judge can appoint a special master to investigate the case in question . The judge can block Main InJustice from playing around with the case while the special master works . The judge and the special master can publish the findings as a part of the court case , and force the Department of Justice ‘ s hand .

.. Under our system , a judge cannot normally force a cabinet department to appoint a special counsel . However , once the findings of a special master become known in a civil case , then a mandamus action could well be brought in the appeallate court . That in and of itself would and could be explosive …

… [h/t — theAmericanSpectator]..
.. [link] to the blogpost ..

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… Why I support Arizona ‘ s Religious Freedom Bill …

Posted by paulfromwloh on Monday,February 24th,2014

.. and I most strongly urge Governor Jan Brewer to sign it .

..  one of the chief reason is to make sure that people get to celebrate their religious liberty — and are not forced to be compelled to produce a product or service against their will . Just because people go into business does not mean that they forfeit their constitutional rights . They still have the right to make decisions in their business based upon their religious faith and religious precepts . The First Amendment to the Constitution should still mean something in practical everyday use .

.. What is going on in New Mexico , Oregon , Washington State , and Colorado , among other states , is that each state has passed a so – called ” human rights ” law , incorporating gays and lesbians into its orbit . As a result ,  these laws have become to be used as a war club by pro gay rights activist in going after businesses that refuse to serve gays or lesbians . More often than not , this has been in the area of so – called same –  sex wedding celebrations . When the business says no service , the gay rights folks sue for discrimination . Because of this legal mess , the businesses have to pay ruinous legal fees just to have the chance to remain in business . Some cannot . An Oregon cakeshop ceased doing business in the normal fashion , the  owners retreating to their home as a home – based business as a result . How sad , and how outrageous .

.. Activist judges have been taking the law into their own hands , such as with gay and lesbian rights . These anarchist judges have pushed the envelope far , far ahead of things than many of us in society want to happen or expect to  happen . Yet , they still do this . What are these folks doing , casting tiddly winks ? Hardly . They are making law from the bench ,  which is not their job .

.. In addition , interest groups and others are using two laws , one well known (section 1983 of the Civil Rights Act) and one unknown (the Civil Rights Attorney Fees Act of 1976) to bash so many folks over the head with a billy club . These loonie – toons practice what is known as lawfare , using the threat of ruinous legal fees , plus the payment of the plaintiff ‘ s judgement and legal fees , in order to compel a settlement . Nowadays , this weapon is being turned potentially against churches ….

.. Arizona undoubtedly has a law like this . They have seen what has been going on in neighboring states , including the Elaine Photography case in New Mexico . The dilemma in Arizona that the lawmakers have to think about is this : Should someone be compelled to produce a product or service for something that they do not support (such as same – sex weddings ,  same – sex adoptions , you get the idea) as in the Elaine Photography case , based upon sound religious reasons ,  in violation of their First Amendment rights to freedom of religion and religious practice ?

.. I say no . These states are pushing the acceptance of same – sex acts on at times an unwilling populace . If people are not comfortable doing so , and it is because of religion and religious faith , then they should not be forced into an accomodation with others . Also , the state is forcing ” compelled speech ” by doing this . Doing such a thing is in gross violation of the First Amendment rights of the defendants . Also , the interest groups make it all but impossible for folks to defend themselves because of their lawfare strategy . Giving people their religious rights once again gives them the chance to defend themselves .

.. this bill has been proposed in Ohio , I believe . The legislature can pass it , because the votes are easily there [61-38 in the State House , 23 – 10 in the State Senate] . The big question is Governor Kasich . This year is an election year , and he is on  the ballot . He probably does not want to give gays and lesbians any ” bulletin board ” material with which to play with on the political trail .

.. Ohio is an initiative and referendum state . Yes , that means gays and lesbians could mount a issue campaign to put the bill before voters . However , if the bill is approved with 3/5ths support [60 in the House , 20 in the Senate] , then no campaign is allowed . The bill would be considered an ” emergency , ” and would take effect immediately ..

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.. How can the ObamaCraps close this I.R.S. targeting Investigation like this ?!?! …

Posted by paulfromwloh on Monday,January 20th,2014

.. I wonder , how ?

.. tampering with an I.R.S. file is a felony , folks . I am a C.P.A. , and I know . We as CPAs do not have the protections of privilege that Doctors , lawyers , and pastors do . So , i am very sensitive to the antics that have been going on in D.C. (yes , D.C.) …

.. I have practiced before the Infernal Revenue Service . I understand how scary that it can be . Most people are scared to death of just an examination , much less an audit . A thorough audit is an expensive and laborious process . To say the least …

.. [h/t –theGatewayPundit]

.. [link] to the post …

.. What these groups went through was roughly the equivalent of a complete and thorough audit . Playing around with that file is a felony offense , folks , punishable by up to 5 years in prison . It also includes unlawful possession of those files by those who should not have those files for use in their official duties . Political targeting is a violation of people ‘ s and group  ‘  s civil rights , and is most definitely not part of an agent ‘ s official duties .

.. An independent counsel should be appointed . If the Department of Treasury or the ObamaCrap Department of InJustice will not do so , then private clients should seek a court order for one for a Special Master , appointed by a federal district court judge . Doing so will get the public  ‘ s attention , and force the government ‘ s hand . Basically , the judge can then grant the private group a “writ of mandamus” against the government , forcing them to appoint one . Unlike with the Independent Counsel statute , where the Department of InJustice (through the A.G.) controls the appointment of one , a judge can intervene where the government fails in a obvious (ministerial) duty …

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… Basically , the Shippers [Bleeped] Up …

Posted by paulfromwloh on Thursday,December 26th,2013

.. why did the packages that were sent via U.P.S. and FedEx end up being late ?

.. what do I think ? I think that FedEx and U.P.S. and the others got caught with their pants down . They misunderestimated both the amount of packages that would be ordered this Christmas season . As it turns out , I think that the total was up . Not waaaay up , but up a fair bit . It was not just that , however .

.. They goofed on the timing . Goofing on both elements means that they did not have the human capital [people] that they needed when they were needed . They also did not have the physical capital [planes , pipeline space] that was substantial enough . Because of it , they got caught with excess shipping in the pipeplines at the wrong time . Guess what the result was ?

.. Some stuff was late . It happens . It was a business mistake . People will have to answer for it , to be sure . It is not a legal action [a tort] which would leave them vulnernable to lawsuits .

.. Some idiots will file , though . They will be dismissed , evetually , but not after the companies incur some legal bills as a result . Oh , Well . That is why we need tort reform …

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