Obama Executive Order Alters Your Legal Protections – From Town Hall

Obama Executive Order Alters Your Legal Protections

http://townhall.com/columnists/FloydandMaryBethBrown/2010/01/01/obama_executive_order_alters_your_legal_protections

by Floyd and Mary Beth Brown

With the signing of an under-publicized amendment to Executive Order 12425, Barack Obama has fundamentally altered your constitutional rights. His actions are undermining your rights to protect personal privacy from a foreign internationalist police agency named Interpol. A one-paragraph executive order may seem inconsequential to many, but this action has far reaching implications and threatens the sovereignty of America.

Obama’s secretive Executive Order amended an order issued by President Reagan in 1983. Reagan’s order recognized Interpol as an International Organization and gave it privileges and immunities commonly extended to foreign diplomats. Reagan opened the door to allow Interpol to operate in partnership with the U.S. but with significant constitutional safeguards. Specifically, Interpol’s property and assets remained subject to search and seizure by American law enforcement, and its archived records remained subject to public scrutiny under provisions of the Freedom of Information Act. Interpol had to answer to the FBI and U.S. courts under Reagan’s order. These safeguards were stripped away by Obama’s action the week before Christmas without debate or explanation. Obama picked the holiday season to make this radical change to minimize media coverage.

This order marks a significant change in federal policy and usurps the constitutional power of our government by yielding it to an international organization. Michael van Der Galien writes, “This foreign law enforcement organization can operate free of an important safeguard against government and abuse. Property and assets, including the organization’s records, cannot now be searched or seized. Their physical operational locations are now immune from U.S. legal and investigative authorities.”

Obama has given an international organization unsupervised freedom to investigate Americans on our own soil without recourse or the supervision of our own government.

Andy McCarthy writing for the National Review asks some very significant questions: “Why would we elevate an international police force above American law? Why would we immunize an international police force from the limitations that constrain the FBI and other American law-enforcement agencies? Why is it suddenly necessary to have, within the Justice Department, a repository for stashing government files which, therefore, will be beyond the ability of Congress, American law-enforcement, the media, and the American people to scrutinize?”

Interpol is the enforcement arm of the International Criminal Court (ICC). The United States never signed onto the Rome Treaty which created the ICC because of the potential for abuse by foreign interests. Obama has signaled he may sign the treaty over these objections and subject Americans to prosecution overseas in the ICC. This is harmful for two reasons. First, the U.S. Constitution clearly states that it is the supreme law of our land and allowing the ICC to supersede the U.S. Constitution violates America’s sovereignty. Second, the War on Terror is unpopular with Europeans and the ICC may attempt to prosecute heroic American soldiers with trumped up war crimes. Obama is putting brave American men and women at grave risk.

An added wrinkle to this executive order is that Interpol’s operations center for the United States is housed within our own Justice Department. Many of the agents are Americans who work under the aegis of Interpol. This order has potentially created the new civilian security force that Obama proposed during his campaign. This group of law enforcement officials is no longer subject to the restraints enshrined in the U.S. Constitution.

The order guarantees that Interpol officers have immunity from prosecution for crimes they may commit in the United States. Ironically, some Interpol nations are attempting to try American intelligence agents for their work abroad in the War on Terror.

This order shows blatant disregard for the U.S. Constitution. While Obama is extending due process rights to terrorists he is weakening those same rights for American citizens. If a citizen were to be prosecuted by Interpol their newly granted immunity would interfere with the discovery process. Since Interpol files are immune to disclosure, a citizen could be denied his right to see the information used to prosecute him or her.

Obama’s executive order has done more to weaken civil liberties than the much maligned Patriot Act. The silence in the mainstream media on this issue should scare all freedom loving Americans. Obama just signed away parts of our precious legal protections.

ACORN opportunities to receive funding from the Department of Health and Human Services (HHS)

Who benefits from Senate healthcare? ACORN!

Jim Brown – OneNewsNow – 12/23/2009 7:20:00 AM

A legal scholar says the Senate healthcare bill is not only stuffed full of quotas and preferences, but it also gives the disgraced liberal activist group ACORN opportunities to receive funding from the Department of Health and Human Services (HHS).

Harry Reid’s (D-Nevada) “manager’s amendment” in the Senate healthcare bill requires that six federal agencies each establish an “Office of Minority Health.” Under that requirement, HHS Secretary Kathleen Sebelius is supposed to award grants and contracts to organizations that are “indigenous human resource providers in communities of color” and engage in “community outreach activities” — the type of work ACORN says it has been doing for years.

Hans von Spakovsky, a senior legal fellow at The Heritage Foundation, says scandal-plagued ACORN — the Association of Community Organizers for Reform Now — is exactly the kind of organization that will be applying for and receiving these federal funds.

“It illustrates this wrong assumption that’s all throughout this huge bill, and that is there are all these racial preferences and racial quotas everywhere in it,” he explains.  “There’s this whole assumption by the left that the disparities in healthcare have to do with the racial background of doctors — something that is completely untrue — and it’s these kinds of things that in fact may worsen healthcare across the country.”

Senator Roland Burris (D-Illinois) said earlier this month that he would filibuster the healthcare bill if it did not contain a public option.  However, Burris now tells The Weekly Standard he was willing to support the Senate bill once the “disparity” provision was included in the manager’s amendment (pages 240-248).

According to The Weekly Standard, ACORN also stands to qualify for funding on page 150 of the amendment, which states that “community and consumer-focused nonprofit groups” may receive grants to “conduct public education activities to raise awareness of the availability of qualified health plans.”

Mayo Clinic in Arizona to Stop Treating Some Medicare Patients

Email from Ellen Sauerbrey:

Mayo Clinic in Arizona to Stop Treating Some Medicare Patients

By David Olmos

Dec. 31 (Bloomberg) — The Mayo Clinic, praised by President Barack Obama as a national model for efficient health care, will stop accepting Medicare patients as of tomorrow at one of its primary-care clinics in Arizona, saying the U.S. government pays too little.

More than 3,000 patients eligible for Medicare, the government’s largest health-insurance program, will be forced to pay cash if they want to continue seeing their doctors at a Mayo family clinic in Glendale, northwest of Phoenix, said Michael Yardley, a Mayo spokesman. The decision, which Yardley called a two-year pilot project, won’t affect other Mayo facilities in Arizona, Florida and Minnesota.

Obama in June cited the nonprofit Rochester, Minnesota-based Mayo Clinic and the Cleveland Clinic in Ohio for offering “the highest quality care at costs well below the national norm.” Mayo’s move to drop Medicare patients may be copied by family doctors, some of whom have stopped accepting new patients from the program, said Lori Heim, president of the American Academy of Family Physicians, in a telephone interview yesterday.

“Many physicians have said, ‘I simply cannot afford to keep taking care of Medicare patients,’” said Heim, a family doctor who practices in Laurinburg, North Carolina. “If you truly know your business costs and you are losing money, it doesn’t make sense to do more of it.”

Medicare Loss

The Mayo organization had 3,700 staff physicians and scientists and treated 526,000 patients in 2008. It lost $840 million last year on Medicare, the government’s health program for the disabled and those 65 and older, Mayo spokeswoman Lynn Closway said.

Mayo’s hospital and four clinics in Arizona, including the Glendale facility, lost $120 million on Medicare patients last year, Yardley said. The program’s payments cover about 50 percent of the cost of treating elderly primary-care patients at the Glendale clinic, he said.

“We firmly believe that Medicare needs to be reformed,” Yardley said in a Dec. 23 e-mail. “It has been true for many years that Medicare payments no longer reflect the increasing cost of providing services for patients.”

Mayo will assess the financial effect of the decision in Glendale to drop Medicare patients “to see if it could have implications beyond Arizona,” he said.

Nationwide, doctors made about 20 percent less for treating Medicare patients than they did caring for privately insured patients in 2007, a payment gap that has remained stable during the last decade, according to a March report by the Medicare Payment Advisory Commission, a panel that advises Congress on Medicare issues. Congress last week postponed for two months a 21.5 percent cut in Medicare reimbursements for doctors.

National Participation

Medicare covered an estimated 45 million Americans at the end of 2008, according to theCenters for Medicare & Medicaid Services, the agency in charge of the programs. While 92 percent of U.S. family doctors participate in Medicare, only 73 percent of those are accepting new patients under the program, said Heim of the national physicians’ group, citing surveys by the Leawood, Kansas-based organization.

Greater access to primary care is a goal of the broad overhaul supported by Obama that would provide health insurance to about 31 million more Americans. More family doctors are needed to help reduce medical costs by encouraging prevention and early treatment, Obama said in a June 15 speech to the American Medical Association meeting in Chicago.

Reid Cherlin, a White House spokesman for health care, declined comment on Mayo’s decision to drop Medicare primary care patients at its Glendale clinic.

Medicare Costs

Mayo’s Medicare losses in Arizona may be worse than typical for doctors across the U.S., Heim said. Physician costs vary depending on business expenses such as office rent and payroll. “It is very common that we hear that Medicare is below costs or barely covering costs,” Heim said.

Mayo will continue to accept Medicare as payment for laboratory services and specialist care such as cardiology and neurology, Yardley said.

Robert Berenson, a fellow at the Urban Institute’s Health Policy Center in Washington, D.C., said physicians’ claims of inadequate reimbursement are overstated. Rather, the program faces a lack of medical providers because not enough new doctors are becoming family doctors, internists and pediatricians who oversee patients’ primary care.

“Some primary care doctors don’t have to see Medicare patients because there is an unlimited demand for their services,” Berenson said. When patients with private insurance can be treated at 50 percent to 100 percent higher fees, “then Medicare does indeed look like a poor payer,” he said.

Annual Costs

A Medicare patient who chooses to stay at Mayo’s Glendale clinic will pay about $1,500 a year for an annual physical and three other doctor visits, according to an October letter from the facility. Each patient also will be assessed a $250 annual administrative fee, according to the letter. Medicare patients at the Glendale clinic won’t be allowed to switch to a primary care doctor at another Mayo facility.

A few hundred of the clinic’s Medicare patients have decided to pay cash to continue seeing their primary care doctors, Yardley said. Mayo is helping other patients find new physicians who will accept Medicare.

“We’ve had many patients call us and express their unhappiness,” he said. “It’s not been a pleasant experience.”

Mayo’s decision may herald similar moves by other Phoenix- area doctors who cite inadequate Medicare fees as a reason to curtail treatment of the elderly, said John Rivers, chief executive of the Phoenix-based Arizona Hospital and Healthcare Association.

“We’ve got doctors who are saying we are not going to deal with Medicare patients in the hospital” because they consider the fees too low, Rivers said. “Or they are saying we are not going to take new ones in our practice.”

To contact the reporter on this story: David Olmos in San Francisco atdolmos@bloomberg.net

Last Updated: December 31, 2009 00:01 EST

IBD Editorials

Forever Gone

Posted 12/22/2009 06:52 PM ET

Health Reform: Any law can be repealed, but the Democrats’ radical health bill contains unprecedented language that could wreck the U.S. health system permanently. It’s one of the dirtiest tricks yet.

‘Page 1,020″ — it may soon be a mantra for one of the most disturbing abuses of legislative power in history. In setting up an Independent Medicare Advisory Board, that page of the Senate health overhaul bill passed in the dead of night early Monday says, “It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment or conference report that would repeal or otherwise change this subsection.”

This enters the realm of “hyperlaw” or “laws on steroids.”

As Sen. Jim DeMint, R-S.C., pointed out on the Senate floor, it isn’t lawmaking, but rather “creating a Senate rule that makes it out of order to amend or even repeal the law.”

DeMint is “not even sure that it’s constitutional,” since it affects “the fundamental purpose of Senate rules: to prevent a tyrannical majority from trampling the rights of the minority or of future Congresses.”

Clearly liberal Democratic leaders will stoop to record depths to expand the federal government’s powers.

Public support plummets well down into the 30s? They don’t bat an eyelash.

Mandating an individual’s purchase of a private service like insurance tramples the Constitution? Just watch them do it.

Bribe Senators Tom, Dick and Ben? Here’s the cash.

As John Steele Gordon noted in Commentary, the Medicaid bribe that bought the vote of Sen. Ben Nelson, D-Neb., is so unprecedented it may not withstand constitutional muster.

According to Gordon, “one could argue that Nebraskans will be getting what amounts to a rebate on federal taxes through the backdoor of lower state taxes,” which might violate Article 1, Section 8 of the Constitution requiring government collections to be “uniform throughout the United States.”

As Senate Majority Leader Harry Reid admits, “I don’t know that there’s a senator that doesn’t have something in this bill that isn’t important to them,” adding that “if they don’t have something in it important to them, then it doesn’t speak well of them.”

That is the arrogance of the mind-set dominating the legislative and executive branches: Your money is really theirs, to be handed out like a Mob-backed union boss toting a bag of cash on the waterfront.

When you put together Medicare and Medicaid recipients, government employees and contractors, and active and former military members and their dependents, over 40% of Americans receive government-subsidized health care. The Democrats’ health care revolution would up that to a solid majority of our citizens.

American history shows that once an entitlement is enacted, it’s next to impossible to erase. Catastrophic health care for seniors, passed 20 years ago, is the only such program ever repealed; the 1996 welfare reform severely limited that socially destructive entitlement.

The statists may now finally have bitten off more than they will be able to chew politically. If Republicans act like Republicans and convince the populist Tea Party movement not to go the suicidal third-party route, the coming public backlash will see to it that the greatest health care system in the world is not gone for good.

Look for demonstrators to start burning copies of Page 1,020 the way ’60s radicals used to burn their draft cards.