In Op-Ed, John Boehner Reveals He Has No Actual Legal Justification For Suing President Obama
Speaker of the House John Boehner announced over the weekend — in a ghostwritten CNN op-ed — that he has pretty much zero legal or logical justification for suing Barack Obama, but he’s going to try to do it anyway.
Last month Fox News pundit George Will, in his Washington Post column, outlined a hair-brained and likely legally faulty scheme designed to give the Republican-led House a path to sue President Barack Obama. Why? What George Will called the President’s so-called “lawlessness” — aka, doing his job by issuing executive orders, which every president for decades has done. Will presented an idea formed by occasional Fox News guests, attorneys David B. Rivkin and Elizabeth Price Foley.
President Barack Obama’s “offenses against the separation of powers have been egregious in quantity,” Will wrongly claimed, offering his “reason” to sue the President.
Last week and then, in a CNN op-ed this weekend, Speaker John Boehner took the GOP base bait, “borrowing” Will’s suggestion — and the Rivkin-Price Foley tactics — and announced he indeed will sue President Obama.
Clearly, though, he has no idea why — and nor did his CNN ghostwriter.
Boehner (or his ghostwriter,) claims that “too often over the past five years, the President has circumvented the American people and their elected representatives through executive action, changing and creating his own laws, and excusing himself from enforcing statutes he is sworn to uphold — at times even boasting about his willingness to do it, as if daring the American people to stop him.”
If he has been daring the American people to stop him, it certainly wasn’t when he passed Obamacare, ended “Don’t Ask, Don’t Tell,” or moved the country forward more than 570 times. 571 if you count getting re-elected.
CNN’s Sally Kohn writes that the idea of suing Obama is “frivolous” and “nothing more than a flagrant partisan stunt.”
House Republicans are using taxpayer dollars to fund a lawsuit against a President who has literally done not only what every president before him has done but has done it less often and is doing so now only because House Republicans repeatedly refuse to even vote on legislation, let alone pass anything.
Will claims Obama’s “offenses against the separation of powers have been egregious in quantity.” Kohn proves that’s false.
President Theodore Roosevelt enacted 1,081 executive orders during his presidency. President Dwight Eisenhower had 484. President Ronald Reagan had 381. And President George W. Bush had 291.
President Barack Obama has enacted 182 executive orders — yet the GOP accuses him of being an “imperial president,” and Republican members of the House of Representatives are preparing to sue him for violating the Constitution.
If House Republicans don’t like these executive orders, then pass immigration reform and the Employment Non-Discrimination Act. Don’t sue the President. Passing laws that our nation wants and needs is doing your job. Suing the President just because you don’t like him is irresponsible partisan petulance.
And indeed, Boehner’s op-ed offers no legal explanation, no actual justification, no respectable argument for suing President Obama.
Instead, he offers this:
After years of slow economic growth and high unemployment under President Obama, they are still asking, ‘where are the jobs?’ The House has passed more than 40 jobs bills that would help. But Washington Democrats, led by the President, just ignore them.
Even worse, the President’s habit of ignoring the law as written hurts our economy and jobs even more. Washington taxes and regulations always make it harder for private sector employers to meet payrolls, invest in new initiatives and create jobs — but how can those employers plan, invest and grow when the laws are changing on the President’s whim at any moment?
“Where are the jobs?” That’s laughable, considering 48 hours earlier, Bloomberg News reported a “plunge in U.S. unemployment to the lowest level in more than five years,” and noted that payrolls “surged in June by 288,000 workers and unemployment fell to 6.1 percent, a level that Fed officials didn’t expect to see before the end of the year.”
Seriously, that’s Boehner’s entire argument — eviscerated by “plunging unemployment” and “surging payrolls.”
To quote Rick Perry, “oops.”
Attorney Jonathan Turley has spoken out in opposition to Obama’s use of executive orders. But on his blog this weekend, contributor Mark Esposito wrote a scathing analysis of Boehner’s impending lawsuit and his CNN op-ed: “The Boehner Manifesto: How To Do Nothing And Look Constitutional?“
It’s a time-tested feature of the American Presidency that holders of the office are judged by what they do for people and not how they do it. Lincoln is remembered in the consciousness of the public  for ending the Civil War not suspending habeas corpus. FDR is lionized for the New Deal and his leadership against fascism not the court-packing plan. And even ol’ unpopular ‘W†himself has received a popularity renaissance of sorts for his efforts to combat terrorism with hardly a mention of the dubious methods he employed. Why would the public in the last two elections be looking for anything different?  Give us someone who can bring about positive change in Washington and the society it oversees was the order from the populace.
And at the ever-insightful and ever-irreverent Balloon Juice:
The reasons stated to justify Boehner’s lawsuit are fuzzy, unconnected to the law, the Constitution, logic or even reality. That will no doubt make it a winning stunt and distraction for the White Walkers animating the corpse of the GOP.
…
The base is outraged that a black man is President. They are outraged that he dares to exercise the exact same type of Presidential powers that white Presidents have used in the past. They are outrage that he does not seek permission of the white GOP minority before he acts.
John Boehner gets the outrage of his base. He fears his base and needs them at the same time. To fluff them he will do anything. And so he is preparing to sue the President of the United States for the “crime†of being an uppity negro.
Take the racial code-talking away and there is nothing to support or justify his lawsuit at all.
As silly as this lawsuit will be, sillier still will be the way that the very serious people inside the beltway will pretend that race has nothing to do with it.
Yes, John Boehner, the man who allowed the Tea Party to shut down the government last year, costing American taxpayers $24 billion, the man who spent $3 million to defend DOMA in federal court (you’ll remember, he lost each time,) is now going to take your hard earned money and use it to sue the President, offering another stunt to take the public’s eye off immigration reform, minimum wage reform, and, well, passing laws of any kind.
UPDATE: The White House Deputy Press Secretary just tweeted this:
I had a bunch of reporters ask me for response to Boehner op-ed this weekend. Guess I should have sent them here: http://t.co/5C3L6FFnaM
— Eric Schultz (@Schultz44) July 7, 2014
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Image by DonkeyHotey via Flickr
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U.S. Rep. Mike Collins, Republican of Georgia, is under fire after praising University of Mississippi students, some wearing American flag outfits, mocking a Black woman protester by making monkey sounds and shouting, “lock her up.”
“Counter-protestors at the University of Mississippi made racist remarks — including monkey noises and comparisons to Lizzo — towards a Black woman who was part of a planned protest against the war in Gaza,” Los Angeles Magazine reported Friday.
Collins, who tried to defund Vice President Kamala Harris’ Office in November, declared his support for the counter-protesters at “Ole Miss,” as the University is called.
“Ole Miss taking care of business,” he wrote on social media, atop the video (below).
The counter-protesters, as evidenced in the video, appear to be mostly white.
A large number of users on the social media platform X responded, accusing the Congressman and the counter-protesters of racism.
“When is the inevitable ‘I don’t have a racist bone in my body’ tweet coming,” wondered Rewire News Group editor-at-large Imani Gandy.
“Which part is your favorite, Mike?” asked Fred Wellman, the former executive director of The Lincoln Project. “Is it the white kid acting like a monkey at the black woman or the white security guy acting like she’s a threat? I’m trying to figure out which flavor of racism has you all excited the most?”
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Harvard Law Cyberlaw Clinic clinical instructor Alejandra Caraballo responded to the Georgia GOP congressman, “Thanks for confirming you’re a massive racist piece of sh*t.”
Mississippi Free Press news editor Ashton Pittman wrote: “Rep. Mike Collins, R-Georgia, praises a video showing a University of Mississippi frat boy dancing like a monkey and making monkey noises near a Black woman student who was protesting for Palestine while other frat boys chant ‘lock her up.'”
In a separate post describing a separate video taken of the same group Pittman wrote: “Frat bros at @OleMiss chant, ‘Lizzo! Lizzo!’ and shout, ‘F**k you fatass, f**k you b*tch’ at a Black woman who was protesting for Palestine. Do people really think these counterprotestors are doing it to support Jews?”
Journalist John Harwood did not mince words, writing, “Congressman proud of the racism.”
“Okay, Mike. We get it,” wrote podcast host, documentary director, and author W. Kamau Bell. “You want to be famous for being a racist. Fine. I’ll help you become a famous racist. You’re welcome.”
The original video is here.
See Rep. Collins’ post and the video below or at this link.
Caution: the video is disturbing.
Ole Miss taking care of business. pic.twitter.com/JiL9hs2pHz
— Rep. Mike Collins (@RepMikeCollins) May 3, 2024
READ MORE: Noem Heads to Mar-a-Lago After Branding Kids She Ministered in Church ‘Little Tyrants’
Amid more damning revelations from her soon-to-be released book, embattled South Dakota Republican Governor Kristi Noem will head to Mar-a-Lago this weekend as ex-president Donald Trump auditions potential vice presidential picks in front of high-dollar donors. Noem was also slated to attend a Republican fundraiser in Colorado this weekend but it was canceled over alleged safety concerns after news broke she had bragged about shooting her 14-month old dog.
While Noem’s shooting to death of her wirehaired pointer, Cricket, which she detailed in the book, is still making headlines overnight a new revelation made news: Noem falsely claims in her book she met with North Korean dictator Kim Jong-un.
A spokesperson for Noem “seemed to concede that the Kim story was false Thursday night,” and notified her publisher, Politico’s Ryan Lizza reported in his exclusive.
But less noticed appears to be the actual text of Noem’s false story, in which she brands children she ministered in church “little tyrants,” and compared them to the murderous North Korean dictator.
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“Through my tenure on the House Armed Services Committee,” Noem wrote, according to Politico, “I had the chance to travel to many countries to meet with world leaders. I remember when I met with North Korean dictator Kim Jong Un. I’m sure he underestimated me, having no clue about my experience staring down little tyrants (I’d been a children’s pastor, after all).”
CNBC reported this week Trump “will mingle with potential vice presidential running mates and wealthy Republican donors at the Republican National Committee’s spring donor retreat. The meetings are likely to act as informal tryouts for a short list of politicos in the running to join the Trump ticket.”
The list of Republican “special guests” includes U.S. Senators Marco Rubio, Tim Scott, and J.D. Vance, Rep. Elise Stefanik, North Dakota Governor Doug Burgum, and South Dakota Governor Kristi Noem.
Also expected to attend are House Speaker Mike Johnson, U.S. Reps. Byron Donalds of Florida and Wesley Hunt of Texas, former GOP presidential candidate Vivek Ramaswamy, and other elected Republicans along with RNC co-chair Lara Trump.
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NBC News, which says Rep. Donalds is also under consideration, on Friday added there will be “a fundraising retreat that could serve as a screening session” for potential vice presidential running mates.
Meanwhile, the Jefferson County, Colorado Republican Party chair announced a fundraising dinner Noem was slated to attend was canceled after threats were made, The Denver Post reports.
“We understood there was a planned organized protest outside of the hotel, led by Progress Now,” Nancy Pallozzi said. “I felt that our event would be negatively impacted, and we could not take the risk that those who made threats would cause physical harm.”
Over the weekend independent 2024 presidential candidate Robert F. Kennedy, Jr. spoke at a fundraiser for a far-right anti-government group in Erie County, New York – a slice of the country that had a large proportion of residents arrested and charged for crimes related to the January 6 insurrection. Kennedy, a conspiracy theorist and vaccine denialist, increasingly is embracing the far-right.
“That group, Constitutional Coalition of New York State, has founders who not only have ties to Donald Trump but are also connected to the stop-the-steal movement through their activist network, which includes groups that had a presence at the Capitol on Jan. 6,” The Daily Beast reported Friday. “It’s yet another instance of Kennedy—who is mounting one of the most well-funded third-party presidential threats in decades—serving as a peculiar bridge between his own anti-establishment movement and Trump’s.”
The Southern Poverty Law Center includes the Constitutional Coalition of New York State (CCNYS) on its page of anti-government groups. Political Research Associates, which detailed the high proportion of January 6 residents arrested and charged, included the Constitutional Coalition of New York State in its February report on “The Rise of the Far Right in Western New York.”
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“If you don’t think the government is lying to you, you’re not paying attention,” Kennedy told attendees at the CCNYS fundraiser, The Buffalo News reports.
“CCNYS founders Nick and Nancie Orticelli are also affiliated with the Watchmen, a nearby militia who Nick has encouraged his social media followers to join. The Watchmen had several members at the Capitol on Jan. 6, and one member, Pete Harding, is still facing charges for violent entry and disorderly conduct on Capitol grounds,” The Daily Beast noted. “Nancie Orticelli has also hosted the Watchmen’s founder, Charles Pellien, on her weekly radio show on several occasions.”
One of Kennedy’s goals in traveling to New York was to get on the ballot for the November presidential election. Various polls show him taking votes from both President Joe Biden and ex-president Donald Trump, but Kennedy currently has only qualified to be on the ballot in three states, Utah, Michigan and Hawaii, the newspaper reported.
But The Washington Post on Thursday reported The American Independent Party of California, which has a history of “far-right ties,” and “backed segregationist and former Alabama governor George Wallace in 1968, nominated Kennedy for president.”
Kennedy “said this week that he has qualified to be on the ballot in California and will accept the nomination of the American Independent Party, which has a history of associating itself with far-right figures and individuals who have expressed racist views.”
Some news reports and RFK Jr. himself say the Trump campaign was actively courting Kennedy, attempting to convince him to consider being the ex-president’s 2024 vice presidential running mate.
“That MAGA dalliance with Kennedy could be coming back to bite the Trump campaign, some Republicans close to the former president worry,” The Daily Beast also reported.
“’They can only blame themselves,’ a Trump-aligned strategist told The Daily Beast, requesting anonymity to speak candidly about private conversations about the risk Kennedy poses, ‘because they cozied up to him and thought it was funny.’”
Watch WIVBTV’s report on Kennedy’s trip to New York below or at this link.
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Congressman Pummeled for Praising Students Mocking Black Protester With Monkey Sounds
Noem Heads to Mar-a-Lago After Branding Kids She Ministered in Church ‘Little Tyrants’
RFK Jr., Embracing Far-Right, Spoke at Fundraiser for Anti-Government Group With J6 Ties
Election Denialism Embraced by ‘Large Proportion’ of Trump’s Followers: Report
Trump Won’t Commit to Accepting Election Results if He Doesn’t Win State He Falsely Claims He Won
News3 days agoCongressman Pummeled for Praising Students Mocking Black Protester With Monkey Sounds
News3 days agoNoem Heads to Mar-a-Lago After Branding Kids She Ministered in Church ‘Little Tyrants’
News3 days agoRFK Jr., Embracing Far-Right, Spoke at Fundraiser for Anti-Government Group With J6 Ties