Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Bachmann: Obama Exceeding Constitutional Authority in Ordering BP to Surrender Funds--'Extortion'
CNSNews ^ | June 16, 2010 | Chistopher Neefus

Posted on 06/16/2010 10:54:35 AM PDT by jazusamo

Washington (CNSNews.com) – Rep. Michelle Bachmann (R-Minn.) said Tuesday that President Barack Obama is exceeding his legitimate constitutional authority in telling BP it must set up an independent fund, not controlled by the company, for compensating victims of the Gulf oil spill. She described the administration's policy as an action "that's all about extortion."
 
"Private companies need to be held accountable but not necessarily to the executive branch," said Bachmann. "It seems to me there’s a misreading of the Constitution and a misunderstanding of jurisdictional limits from this White House on what the extent of executive power is. They don’t seem to understand that and it—now it seems that it’s all about extortion--and that what they want to do is create a pot of money for themselves that they can control and that’s not what the Executive is supposed to do. There is a real misreading of jurisdictional limits, and they continue to stretch those limits beyond all bounds."

VIDEO

Bachmann, who was speaking to a gathering of bloggers held at the conservative Heritage Foundation in Washington, D.C., criticized the administration’s response to the massive oil spill in the Gulf.

The conservative from Minnesota said she was particularly bothered by the call President Obama made Monday--later reiterated in his Oval Office address Tuesday night--for BP to set aside money for reimbursements to victims of the Gulf oil spill that would be administered independently, taking control of the money away from the company. 

“The president just called for creating a fund that would be administered by outsiders which would be more of a redistribution-of-wealth fund, and now it appears we’re going to be looking at yet one more gateway for more government control, more money to government,” she said. “If there’s a disaster, why is it that government is the one who always seems to benefit after a disaster?”
 
The proposed fund that the administration wants BP to create would go to reimburse individuals and businesses along the Gulf Coast that make claims as a result of the oil spill. But the money, which belongs to BP stockholders, would be taken out BP's control and the administration has not clearly stated what due process of law would be observed in distributing the money.

The Fifth Amendment to the Constitution was ratified specifically to prevent the government from taking or redistributing private property without due process of law. The amendment says: "No person shall be … deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

Bachmann said the press has not reported enough on the federal goverment's expanded control of the economy over the past two years, which she described as a “stunner story.”

“The jurisdictional issue has been, I think, one of the most underreported issues that has gone on in the last 18 months, because this is a shocking story, what’s happened in the last 18 months,” she said.

Bachmann acknowledged the problem began under President George W. Bush with the creation of the Troubled Assets Relief Program (TARP). 

“Now just because we don’t own an industry doesn’t mean that we don’t effectively control it, because we are in a lot of ways,” she said.
 
Bachmann said Obama’s “non-stop” castigation of BP, the administration’s consideration of the escrow fund, and Democrats’ use of the crisis to push cap-and-trade legislation are all distractions from the task at hand.
 
“When are we ever going to talk about actually capping this hole?” she asked quizzically.
 
“For over 50 days, that should be the only story that we write about and that we talk about: What is the next engineering genius that we could bring on board to actually cap the hole? That’s it. You know, we can talk about restitution, we can talk about all the rest, but right now, it is capping the hole.”
 
“What strikes me is that it seems that every response that’s come out of the White House--and it’s in excess of 50 days--has been about the White House. It’s been about them. It doesn’t seem like it’s really been about stopping the hole and dealing with the devastation that’s going on down there in the Gulf.”
 
-------------------------------
The following is a transcript of Rep. Bachmann’s exchange with CNSNews.com:
 
CNSNews.com: You mentioned the president castigating BP over possibly creating a fund. We saw sort of the same thing with Secretary Sebelius and Wellpoint insurer. They hiked their rates and she demanded an explanation. What’s your reaction to this pattern of holding private companies accountable to the executive branch?
 
Rep. Michelle Bachmanm (R-Minn.): Well, private companies need to be held accountable but not necessarily to the executive branch. It seems to me there’s a misreading of the constitution and a misunderstanding of jurisdictional limits from this White House on what the extent of executive power is. They don’t seem to understand that and it—now it seems that it’s all about extortion and that – that what they want to do is create a pot of money for themselves that they can control and that’s not what the Executive is supposed to do.

There’s a real misreading of jurisdictional limits and they continue to stretch those limits beyond all bounds. And, really, I also fault the Democrat leadership in the Congress for not doing more to hold the White House accountable to the extent of those jurisdictional limits, because that really is then for the Congress to get upset about that and say, ‘Wait a minute, you know we’re the ones that have oversight and we have the power of the purse, not you.’ 

It’s a good question though. The jurisdictional issue has been, I think, one of the most underreported issues that has gone on in the last 18 months, because this is a shocking story what’s happened in the last 18 months, because an economist from Arizona State University has calculated that in 18 months time, beginning unfortunately under a Republican president with the generation of the TARP fund, the federal government effectively--we have gone from 100 percent ownership of the private economy in private hands to 51 percent ownership of the private economy directly owned or controlled by the federal government. That is the stunner story that has been very underreported. Now just because we don’t own an industry doesn’t mean that we don’t effectively control it, because we are in a lot of ways -- and just with what you’re seeing happening with financial services and now cap-and-trade, that could boost that closer up into the 70 percentile. I don’t see any effort from this administration to unwind and back off of the government control or ownership of any of these private industries.
 
And there’s just a story that came out on AIG on how much this--the federal government takeover efforts and ownership of AIG has done to hurt the economy because it sent signals to the business community of the federal government’s willingness to cross jurisdictional lines and to--to trample in areas that are not reserved to the executive.



TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: bachmann; bp; chicagoway; deepwaterhorizon; dueprocess; extortion; leadership; michellebachmann; obama; obamaregime; obamunism; oilspill; oxtortion; thugbama
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-93 next last
To: jazusamo
There's an oil site lease involved in this. It's between the United States and BP. It's "administered" by the Executive (branch of government).

Administrative Due Process has not yet been completed, and you gotta' have somebody sign off "Final Agency Decision" before you can go to court.

41 posted on 06/16/2010 11:29:16 AM PDT by muawiyah
[ Post Reply | Private Reply | To 39 | View Replies]

To: jazusamo

It’s the Chicago Way - first step in a major shakedown...


42 posted on 06/16/2010 11:29:46 AM PDT by GOPJ (http://hisz.rsoe.hu/alertmap/index2.php?area=dam&lang=eng)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo; All
Isn't this an issue for the COURTS?

Since when does HUSSEIN get to choose how much is paid? If the federal law limiting liability to $75M is unconstitutional, then LET THE COURTS, NOT HUSSEIN and his CAMPAIGN DONOR BRITISH PETROLEUM decide!

43 posted on 06/16/2010 11:31:10 AM PDT by Recovering_Democrat
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

wonder what he said to BP in today’s SHORT meeting to make them roll over and give up the $$$.

Sadly, the victims will never see a dime of it.


44 posted on 06/16/2010 11:32:19 AM PDT by a real Sheila (WHY is BP allowed to use "sinking agents" on the oil spill?!!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

I’d rather BP handed out the money for claims. The money could still be placed in an escrow account, but one in which “the regime” could not impose layers of red tape for accessing it nor favor cronies in its distribution.


45 posted on 06/16/2010 11:34:02 AM PDT by luvbach1 (Stop Barry now. He can't help himself.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jazusamo

There is no way that Kenneth Feinberg, Obama’s Pay Czar, is an independent third party to monitor the $20 billion escrow account. He answers to no one but Obama.

Call your Congress man or woman....don’t let this stand.


46 posted on 06/16/2010 11:37:20 AM PDT by BlessingsofLiberty (Obama: "President Tarball" (chris37))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Clara Lou
And why didn’t BP have a lawyer with its execs today to say “this isn’t constitutional” to Obummer?

They did...guess who? Jamie Gorelick!

47 posted on 06/16/2010 11:37:58 AM PDT by 6ppc (It's torch and pitchfork time)
[ Post Reply | Private Reply | To 3 | View Replies]

To: silverleaf

” No company could be so inept as to hire a dirty politician/bureaucrat like Gorelick to deal with a punk like obama- unbless they are ALLLLL in the tank “

I wonder.


48 posted on 06/16/2010 11:40:04 AM PDT by stephenjohnbanker (Support our troops....and vote out the RINOS!)
[ Post Reply | Private Reply | To 35 | View Replies]

To: jazusamo
Is extortion unconstitutional?

49 posted on 06/16/2010 11:40:12 AM PDT by Genoa (Luke 12:2)
[ Post Reply | Private Reply | To 1 | View Replies]

To: a real Sheila; GOPJ; silverleaf; MCCC; The Sons of Liberty; NormsRevenge
Sadly, the victims will never see a dime of it.

May I make a prediction here?

If another president and vice president of recent memory are any guide, I think a couple of years down the road we'll be hearing that yet another former president, who has never had a real job in his life outside of government, somehow magically has $250 million in his checking account. Or maybe billions in paper assets.

Sure, they obtained all that after they left office, sure they did. Except, nobody pays off an ex-president.

50 posted on 06/16/2010 11:40:38 AM PDT by marron
[ Post Reply | Private Reply | To 44 | View Replies]

To: silverleaf
If she plays BP the way she played FNMA, her main concern was how much of a cut she got for brokering the deal

Exactly what I was thinking...

51 posted on 06/16/2010 11:41:25 AM PDT by 6ppc (It's torch and pitchfork time)
[ Post Reply | Private Reply | To 35 | View Replies]

To: Recovering_Democrat

Where are the Brits?

Are they just going to roll over for the dictator Obama?

Chavez and Obama are the same.


52 posted on 06/16/2010 11:41:48 AM PDT by stephenjohnbanker (Support our troops....and vote out the RINOS!)
[ Post Reply | Private Reply | To 43 | View Replies]

To: ivyleaguebrat; jazusamo; edcoil; muawiyah; All
Contrary to Obama’s wording in last night’s speech, he didn’t “order them” to create the escrow fund. He just pressured them into it, and they agreed (acquiesced).

Pressure of any sort is illegal under the 5th IMHO (IANAL)-- administrative remedy paperwork completed or not.

I would imagine that BP shareholders have a stake and as soon as the stock goes down, or upcoming dividends are threatened, BP shareholders have standing due to monetary damages inflicted by the president's public and blatantly unconstitutional pressure.

53 posted on 06/16/2010 11:43:05 AM PDT by SteveH (First they ignore you. Then they laugh at you. Then they fight you. Then you win.)
[ Post Reply | Private Reply | To 23 | View Replies]

To: muawiyah

Thanks for your post, I had no idea.


54 posted on 06/16/2010 11:43:39 AM PDT by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
[ Post Reply | Private Reply | To 41 | View Replies]

To: jazusamo

BP is making a serious, serious mistake agreeing to this.

Mark my words. This money will all be stolen.


55 posted on 06/16/2010 11:45:33 AM PDT by Attention Surplus Disorder (The United States has become a kakistocracy. Look it up if you doubt it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Recovering_Democrat
The case is not "ripe" for court action, nor has the agency that administers the government's side of the site lease signed off on a statement that there's been a "final agency decision".

This is called Administrative Due Process. The Courts usually reject cases involving the US government unless the government says it's made its final decision.

56 posted on 06/16/2010 11:47:09 AM PDT by muawiyah
[ Post Reply | Private Reply | To 43 | View Replies]

To: jazusamo
The jurisdictional issue has been, I think, one of the most underreported issues that has gone on in the last 18 months, because this is a shocking story what’s happened in the last 18 months, because an economist from Arizona State University has calculated that in 18 months time, beginning unfortunately under a Republican president with the generation of the TARP fund, the federal government effectively--we have gone from 100 percent ownership of the private economy in private hands to 51 percent ownership of the private economy directly owned or controlled by the federal government. That is the stunner story that has been very underreported.

Very true. I really like her...I hope we hear a LOT more from her in the future.

57 posted on 06/16/2010 11:49:25 AM PDT by livius
[ Post Reply | Private Reply | To 1 | View Replies]

To: marron
Except, nobody pays off an ex-president.

Same with Senators and Representatives - they go to Washington middle class - people who have never been able to make millions - and within a few years they're millionaires. Odd stuff.

58 posted on 06/16/2010 11:49:37 AM PDT by GOPJ (http://hisz.rsoe.hu/alertmap/index2.php?area=dam&lang=eng)
[ Post Reply | Private Reply | To 50 | View Replies]

To: SteveH
Let the stakeholders go to court if they wish.

So far the government has not done anything that isn't allowed under the terms of the lease ~ else BP would have gone to court for injunctive relief.

The Fifth Amendment simply does not apply in this case EXCEPT for the people who are harmed, and their recourse is against the government!

59 posted on 06/16/2010 11:50:52 AM PDT by muawiyah
[ Post Reply | Private Reply | To 53 | View Replies]

To: jazusamo

If Obama gets his hands on BP money, the gulf victims will never see it! It will vanish into the same black hole with the stimulus money.


60 posted on 06/16/2010 11:58:05 AM PDT by Spok (Free Range Republican)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-93 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson