Friday, May 13, 2016

Trump: I ‘Like’ Giving Minimum Wage To the States

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by IAN HANCHETT12 May 2016253

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Presumptive Republican presidential nominee Donald Trump stated that he likes “giving” the minimum wage “to states to determine” on Thursday’s “Hannity” on the Fox News Channel.

Trump said, [relevant remarks begin around 5:50] “[T]he only thing I am talking about a little bit is I want — I like the idea of the states looking at minimum wage, because if they don’t, New York is totally different than if you go to Alabama or Arkansas…you’re talking about a whole different cost of living. So, what’s good for New York is not necessarily good for some place else. .. So, I really like giving it to states to determine. Plus, they have to compete with each other, among other things, but they have to compete with other. So, I like the concept of giving it to states.”

Follow Ian Hanchett on Twitter@IanHanchett

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Thursday, May 12, 2016

Federal Court: Obamacare Insurance Payments Unconstitutional

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by KEN KLUKOWSKI12 May 2016Washington, DC1,188

WASHINGTON—A federal district court held Thursday that the Obama administration’s payments to insurance companies under Obamacare are unconstitutional, since Congress has declined to pass spending bills funding those payments.

Section 1401 of the Affordable Care Act (ACA, or Obamacare) provides taxpayer subsidy payments to people buying insurance from an Obamacare exchange.

Although the ACA provides that such payments are for purchasing insurance from an “exchange established by a state,” the Supreme Court held in a 6-3 decision inKing v. Burwell that “established by a state” also includes the federal government, in addition to states. The three conservative justices on the Supreme Court at the time (Antonin Scalia, Clarence Thomas, and Samuel Alito) sharply criticized that decision in an energetic dissent, but it remains the law today.

Section 1402 of the ACA reduces insurance deductibles and co-pays, forcing “cost sharing” by insurers. Instead of promising payments to working-income consumers, it promises direct payments to insurance companies. The Obama administration has spent billions of dollars in such payments, even though Congress has not passed laws appropriating the funds.

The U.S. House of Representatives filed suit in the U.S. District Court for the District of Columbia, represented by Professor Jonathan Turley from George Washington University. The House sued Health and Human Services Secretary Sylvia Burwell and Treasury Secretary Jack Lew, arguing that § 1401 and § 1402 of the ACA are not an automatic guaranteed payments — and, therefore, that these payments can only be made through Congress’s annual appropriations bills.

First, the Obama administration attempted to get the case dismissed, insisting that the House does not have standing to bring this matter into court at all.

Judge Rosemary Collyer sided with the House, holding that only Congress can decide to spend taxpayer money and that these Obama administration payments injure the House by seizing one of Congress’s constitutional powers. Speaking of the two houses of Congress, she began, “Only these two bodies, acting together, can pass laws—including the laws necessary to spend public money. In this respect, Article I [of the Constitution] is very clear: ‘No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.’”

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That ruling is currently before the U.S. Court of Appeals for the District of Columbia Circuit.

Having held that the House has standing, the court today turned to the merits of the case. Collyer held that § 1401 of the ACA is a permanent (or “continuing”) appropriation of funds by Congress, but that § 1402 is not.

Collyer reasoned:

An appropriation must be expressly stated; it cannot be inferred or implied. It is well established that “a direction to pay without a designation of the source of funds is not an appropriation.” The inverse is also true: the designation of a source, without a specific direction to pay, is not an appropriation. Both are required.


There is no such clear spending language in § 1402. Therefore, the district court concluded that the Obama administration’s payments made without annual congressional spending bills for those funds violates Article I, § 9, clause 7 of the Constitution.

Without this diversion of taxpayer funds to insurance companies, individual Americans’ insurance premiums can skyrocket.

This ruling will now be stayed—and thus the administration’s payments will continue—while this case is appealed to the D.C. Circuit. From there, it is likely to go to the Supreme Court.

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The case is U.S. House of Representatives v. Burwell.

Ken Klukowski is legal editor for Breitbart News. Follow him on Twitter@kenklukowski.

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Gary Welsh Last Ominous Post R.I.P.

Advance Indiana™

Dedicated to the advancement of the State of Indiana by re-affirming our state's constitutional principles that: all people are created equal; no religious test shall be imposed on our public officials and offices of trust; and no special privileges or immunities shall be granted to any class of citizens which are not granted on the same terms to all citizens. Advance Indiana, LLC. Copyright 2005-16. All rights reserved.

Friday, April 29, 2016

New Poll Shows Trump Up In Indiana By Nine Points

Every poll taken in Indiana shows Donald Trumpleading his Republican primary opponents in next week's primary election. The latest poll released by ARG gives Trump a 9-point advantage over his nearest competitor, Ted Cruz. Trump leads Cruz by a 41-32% margin. Kasich is far behind with just 21% of the vote. Trump is leading in almost every category, including likely Republican voters, young and older voters, male and even female voters. 

A second poll released by a Republican pollster, Clout Research, shows the race much closer. Trump is ahead by only two percentage points in that poll over Cruz, 37-35%. Kasich trails with only 16% of the vote.

If I'm not around to see the vote results, my prediction is that Trump wins Indiana with just shy of 50% of the vote, but he will carry every single congressional district and sweep the delegate race--assuming the party-chosen delegates honor their rules-bound commitment to support the winner on the first ballot. Most of those delegates favored John Kasich at the time they were chosen. Only two of the delegates named by state party officials publicly declared their support for Trump, although some have indicated they would feel obligated to support the voters' wishes.

Cruz has made Indiana his last stand. He threw a hail mary pass earlier in the week by naming Carly Fiorina as his running mate in hopes of attracting female voters in next week's primary election. He snagged Gov. Pence's endorsement today, although his favorability numbers aren't so hot right now and that endorsement is likely to further infuriate already alienated Republican and independent voters. Cruz has also taken up residence in the state this past week, criss-crossing the state with multiple appearances. His crowds have been small compared to Trump's rallies.

Trump has had fewer appearances in Indiana, but his rallies have drawn far larger and more enthusiastic crowds. He returns this weekend for rallies in Fort Wayne on Sunday at Memorial Coliseum, and he will close out his campaigning in Indiana at the Century Center in South Bend Monday evening. Click here for information on those events.

Early voting, which started off very slow, has surged and appears to be well above average for presidential primary elections in Indiana in many counties now. Those new voters will favor Trump, not Cruz. The Democratic primary will draw far fewer voters. Clinton should handily defeat Bernie Sanders by a 58-42% margin, helped by those who might have otherwise voted in the Democratic primary choosing to take a Republican ballot instead.

UPDATE: There's a real outlier poll added to the mix late today. IPFW/Downs Center in Fort Wayne released a poll showing Cruz with a double-digit lead of 45 to 29% over Trump. Adding that lopsided poll into the mix makes the RealClearPolitics average show a very tight race, with Trump up about 2%, 37.5-35.2%. 

Gary R. Welsh at 12:21 PM

BREAKING: Blogger Who Tried To Connect CRUZ’S DAD With Lee Harvey Oswald Found DEAD

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The blogger who claimed that Ted Cruz’s dad was in connection with John F. Kennedy’s murder has been found dead in his home. Do you think that this has anything to do with his blog post about Cruz? Or was he simply depressed?
    A prolific Indiana political blogger wrote an ominous post last week predicting a Donald Trump victory in his state — and soon afterward committed suicide, police said.
    Gary Welsh, a lawyer who managed his Advance Indiana blog since 2005, was found in his Indianapolis apartment around 8 a.m. Sunday with a gunshot wound, according to the Indianapolis Star. Officers found him in a stairwell, dead at the scene, according to a police report
Police ruled Welsh’s death a suicide, but have not released any details about what may have motivated it.
Just days before he was found dead, Welsh, 53, filed a final post for his blog, predicting Trump will win the Hoosier State’s GOP presidential primary Tuesday
But his post took dark turn, even for a piece discussing a Donald Trump victory.
“If I’m not around to see the vote results, my prediction is that Trump wins Indiana with just shy of 50% of the vote,” Welsh wrote.
Two readers seemed confused or concerned about his cryptic comment Welsh, 53, wrote the widely followed conservative blog Advance Indiana, which he launched more than a decade ago. He also was a practicing attorney.
The Indianapolis Metropolitan Police Department’s incident report says officers were dispatched to the Lockerbie Glove Factory Lofts, 430 N. Park Ave., before 8 a.m. Sunday after receiving a report of a person found shot in the stairwell of the building. The witnesses who called 911 reported that a gun was next to the body
IMPD Capt. Richard Riddle said he expects an autopsy will be conducted Monday. He said the Marion County Coroner’s Office will determine the official cause of death.
Welsh was known for hard-hitting blog posts that took swipes at both Democrats and Republicans.
    His final post, published Friday, summarized the latest poll results in the GOP presidential primary battle between Donald Trump, Sen. Ted Cruz and Ohio Gov. John Kasich.
    Read more: IBJ
Here is a portion about the blog post from Welsh about Ted Cruz’s father and his alleged connection to Lee Harvey Oswald:
    Anyone who has studied the assassination of President John F. Kennedy has understood the key role Cuban-Americans working for the CIA played in the intelligence community plot to kill Kennedy in Dallas, Texas in 1963. Government disinformation agents immediately played up Lee Harvey Oswald’s supposed ties to the Fair Play for Cuba Committee in New Orleans prior to Kennedy’s assassination, which was supposedly a pro-Castro organization created by the Soviet Union. More realistically, it was a CIA front group since most of the people associated with the organization in New Orleans, including Oswald, had all worked for the CIA in some capacity. Warren Commission records proving Oswald’s ties to the CIA and FBI have remained sealed since the release of the Commission’s widely-discredited report in 1964 claiming the assassination was the lone work of Oswald.
    Reporters looking into the murky background of the Cuban-immigrant father of Sen. Ted Cruz have uncovered a number of inconsistencies in biographical claims in Sen. Cruz’s book that his father had fled to the U.S. in 1957 as an insurgent fighting the Batista regime with only a $100 sewn into his underwear. Newly-reported information by independent investigator Wayne Madsen ties Rafael Bienvenido Cruz to Oswald’s work for the supposedly pro-Castro group in New Orleans during the summer of 1963.
    Madsen claims that one of the Cubans pictured with Oswald handing out pamphlets for Fair Play outside the International Trade Mart in August, 1963 is Rafael Cruz. The ITM’s founder, Clay Shaw, worked for the CIA and was the only other man in the U.S. to face criminal charges in connection with the Kennedy assassination, when NOLA district attorney James Garrison brought charges in what he contended was a wide government conspiracy to assassinate Kennedy. Shaw was acquitted of the charges and Garrison humiliated after federal agencies worked hand-in-hand with mainstream media to discredit his case.
    Cruz’s Cuban father, also named Rafael Cruz, operated an electronic business in Matanzas, Cuba tied to the American company, RCA. While reporters have been able to confirm an instance where the elder Cruz was arrested by Cuban police and brutally beaten, reporters have found no confirmation the arrest had anything to do with work for forces supporting Castro’s efforts to overthrow the pro-American Batista regime. After arriving by a ferry boat from Cuba in Key West, Florida in 1957, Cruz’ father made his way to Austin, Texas where he managed to enroll at the University of Texas and earn a degree in mathematics in 1961.
    Read more: Advance Indiana

SALON: ‘Devastating’ ‘Clinton Cash’ Documentary Set to Rock Cannes Next Week

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by BREITBART NEWS12 May 20161,469

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Brendan Gauthier writes in Salon:

“Clinton Clash,” premiering at the Cannes Film Festival on May 16, is a “devastating” documentary, according to MSNBC, alleging Bill and Hillary Clinton used the Clinton Foundation to “help billionaires make shady deals around the world with corrupt dictators, all while enriching themselves to the tune of millions.”

The film, written and produced by Breitbart News executive chairman Stephen K. Bannon and directed by M.A. Taylor, is based on the New York Times bestselling book of the same name (subtitled “The Untold Story of How and Why Foreign Governments and Businesses Helped Make Bill and Hillary Rich”) by Peter Schweizer.


Read the rest here:

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TIME: ‘Clinton Cash’ Is a ‘Scathing Broadside Aimed at Persuading Liberals’

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by BREITBART NEWS12 May 2016412

Philip Elliot pens the followingreview for TIME Magazine of the new documentary “Clinton Cash,” based on the bestselling book by Peter Schweizer. Read the excerpt below.

It would be easy to dismiss an hour-long film adaptation of Peter Schweizer’s book about the charitable-political-nonprofit complex of Bill and Hillary Clinton as nothing more than conservative propaganda. But sitting in a Manhattan screening room late Wednesday, it quickly became clear that conservatives weren’t the intended audience for Clinton Cash.

Environmentalists. Anti-nuke activists. Gay-rights advocates. Good-government folks. They’re all going to find themselves increasingly uncomfortable over claims that the likely Democratic nominee, in the film’s words, takes cash from the “darkest, worst corners of the world.”

The 60-minute indictment of the Clintons will soon find its way to an awful lot of televisions ahead of November’s elections. Based on a heavily researched book by the same name, Clinton Cash is careful in laying out a series of facts that are mostly true, though both the book and the movie sometimes draws connections and conclusions that aren’t as solid as their evidence.

“When it comes to the Clintons, you have to follow the money,” Schweizer says in a rough-cut previewed for TIME.

No doubt, there are many places where dotted lines are smudged into solid ones, and some assumptions are made where concrete evidence of quid pro quo is impossible to prove. But as a work of persuasion, the movie is likely to leave on-the-fence Clinton supporters who see it feeling more unsure about casting a vote for her. Made by the conservative Breitbart News’ executive chairman, Stephen K. Bannon, and director M.A. Taylor, this film rises above the traditional campaign hit job.

[…]

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There are a lot of leaps of logic in the film, but the insinuations, told through a pattern of favorable results following cash to Clintons, make for a disheartening watch. For instance, Clinton pal Joe Wilson, a former U.S. Ambassador at the center of the Bush-era controversy over weapons of mass destruction, allegedly got a leg up for his investment firm with help from the Clintons in South Sudan. Then there is a $100 million pledge to the Clintons that coincided with favorable contracts in Nigeria and a $1.4 million speaking fee for Bill Clinton personally. Investor Marc Rich, who received a controversial last-minute pardon in 2001, even makes an appearance.

This is not a movie that is going to dissuade the #imwithher crowd from supporting Clinton. But it is a movie that might keep disaffected liberals at home, energize the Sanders supporters to keep up the fight even after their preferred candidate bows to reality and serve up new fodder for conservative talking heads on cable news. This isn’t a game-changing movie, but one that could keep some less enthusiastic voters on the sidelines.

Read the rest here.

Watch the film’s trailer below:

 

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Session: Election '16 between Nationalism and Globalism

Sen. Sessions: Election offers a simple choice

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www.usatoday.com

Sen. Jeff Sessions and Donald Trump in Madison, Ala., on Feb. 28, 2016.(Photo: John Bazemore, AP)

For the first time in a long time, this November will give Americans a clear choice on perhaps the most important issue facing our country and our civilization: whether we remain a nation-state that serves its own people, or whether we slide irrevocably toward a soulless globalism that treats humans as interchangeable widgets in the world market.

In Donald Trump, we have a forceful advocate for America. Trump has said that our trade, immigration and foreign policies must be changed to protect the interest of American workers and our nation.

In Hillary Clinton, we have a committed globalist. Clinton was an ardent supporter of the Trans-Pacific Partnership — which surrenders American sovereignty to an international union of 12 countries — and has clearly left the door wide open to enacting the pact if elected.

There is only one sure way to defeat the TPP, and that is to defeat Hillary Clinton.

Meanwhile, Clinton’s immigration platform is the most radical in our history. Freezing deportations. Ending detentions. Halting enforcement. She’d expand President Obama’s illegal amnesty decree, effectively creating open borders.

USA TODAY

The Trump train: Our view

Clinton’s extremist proposal economically targets our poor African-American and Hispanic communities whose wages and job prospects are being steadily eroded by the huge influx of new foreign workers.

Yet some Republicans persist in saying that they don’t know whether Mr. Trump is a “real conservative.” This charge misleads in two ways. First: Mr. Trump’s cautious approach to mass migration, transnational trade commissions and nation-building are, by definition, conservative.

Second, the divide between Trump and Clinton on the role of government could not be more stark. Consider just a few of the things President Trump would do after taking the oath: repeal Obamacare; nominate constitutionalist justices; replace Obama’s radical Cabinet appointments; reduce taxes and regulations; produce more American energy; rein in the out-of-control EPA; and cancel Obama’s illegal amnesties.

The choice is a simple one: Do we want a country that serves our people, or not?

Sen. Jeff Sessions, R-Ala., was the first senator to endorse Donald Trump.

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