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The Front Page Cover
"I pray that the eyes of your heart may be enlightened"
nObamacare’s doom
George F. Will
"Know who you are standing with"
"Show me your friends and I'll show you your future"

 Eastern Ukraine:   Late on 11 May, Pro-Russia leaders in the Donetsk and Luhansk Oblasts reported large voter turnouts during the so-called "independence" referendum. Western news outlets have concentrated on the disruptions, lack of verification processes, confusion because of a shortage of polling places and alleged incidents of fraud. Russian and some Ukrainian outlets have reported long lines at polling places and a heavy turnout. Both sides have reported on clashes that each blamed on the other. In reconstructing the sequence of security-related events, NightWatch judges that the Kyiv regime's operations to use force to prevent the referendum began in the evening of 9 May. That is when encounters first began to be reported in eastern Ukraine. By the morning of 11 May, the locations experiencing the heaviest Kyiv regime pressure were Mariupol on the southeast coast and towns on the northern routes into Donetsk, particularly Krasnoarmiysk. The Donetsk regime confirmed that forces loyal to the Kyiv regime seized the town council and police department in Krasnoarmiysk. "The Dnipro-2 battalion arrived in security vans and seized the town council building and the town police department. However, citizens had time to hide the ballot papers, and they did not manage to destroy them." The referendum organizers closed all polling stations. A local blogger reported that armed troops had entered Krasnoarmiysk in the Donetsk Oblast and were guarding the town council and the town police department. It said that the soldiers were from the 93rd Dnipropetrovsk Mechanized Brigade of the National Guard of Ukraine. Members of the National Guard reportedly seized ballot papers and electoral rolls. They also reportedly fired into a crowd of protestors. One person died on the spot. A wounded man was driven away in a private car, but died on the way to hospital. A third person was wounded. In Mariupol, also in Donetsk Oblast, unknown persons kidnapped the police chief and killed several policemen in clashes on 9 May, according to Kyiv regime Interior Minister Arsen Avakov. This report has not been confirmed by other sources.

Comment: Considering how long it takes the UN and other international agencies to prepare for elections and referenda, the eastern Ukrainians did remarkably well in staging the referendum. The West reported "chaos"; that the referendum was illegitimate and lacked credibility; and implied it failed. Eastern authorities claimed turnouts between 60 and 70% of the voters. During this Watch, they announced that 90% voted for independence in both Luhansk and Donetsk. There is no way to confirm these claims and no point in trying. The referendum has fundamentally changed the situation in Ukraine and cannot be dismissed by Western political, media and diplomatic tut-tutting. Kyiv's ham-fisted and ineffective "anti-terror operations" angered voters and aided the independence vote. Now those operations will be against people who voted to be independent. This vote will change the nature of the confrontations from clashes to firefights. One of the leaders in Donetsk, Pushilin, said that the vote means Donetsk must set up government bodies and create its own armed forces. A new regime would claim the authority to request and invite Russian military assistance to preserve it from Ukrainian and "fascist" aggression. Other more guarded authorities in Donetsk assured the press that nothing would change immediately based on this referendum. They said its result will be important in sending the message to Kiev that the east demands changes. As noted several times, neither the eastern Ukrainian leaders nor the Russians seem to be pushing for the region to join the Russian Federation, at least not in public.

Russian reaction: A spokesman for President Putin said the President's next steps depend on the outcome of the referendum. Eyewitnesses claimed that they saw Russian soldiers moved closer to the Donetsk and Luhansk borders. Some wore UN peacekeepers helmets. -NightWatch
Democrats are relieved that of the millions who signed up for nObamaCare, the percentage of enrollees who actually paid for coverage is
higher than doomsayers predicted. That’s good news for Democrats from an electoral standpoint because had the number of payees been as low as some had forecast, sticker shocks would have been even worse than they are. (As WSJ reports today, the expected rate hikes under nObamaCare remain on track. That’s not good, but at least meeting poor expectations is still something.) The early numbers on the president’s health law, however, are also bringing some bad news. A new study suggests that only 26 percent of enrollees didn’t have insurance before. That’s not good for rates since such a small number are new contributors to the risk pool. But the bad news politically for Democrats is that there are so few Americans who have happy nObamaCare stories to tell. The law’s first year looks mostly like a shift from purely private policies (millions were cancelled) to government-arranged policies. Some have no doubt come voluntarily, lured by new subsidies or, if they are older and/or unwell, the chance to shift some cost to younger, healthier consumers. That’s fine, but a little bit of free money for the already insured isn’t the narrative Democrats were hoping for.
[A new
survey from Gallup finds 55 percent of Democrats are less enthusiastic about this election.] -Fox News
 From beneficiaries to voters -    But there are millions of Americans who have health insurance today as a result of President nObama’s law, which also expanded the welfare program of Medicaid. Unfortunately for Democrats, however, poorer Americans are even less likely to vote in midterms than they are in quadrennial elections. That explains the new push from key parts of the nObama coalition to find beneficiaries of the law and then organize them for action. AP reports that key nObama patrons are pledging “tens of millions of dollars” this cycle to get welfare beneficiaries to the polls. Participants include the Service Employees International Union and Planned Parenthood Action Fund, both of which helped enroll people in nObamaCare programs in the first place. One supposes that these groups will know where to go to find the potential voters to get to the polls and vote for Democrats. Planned Parenthood was paid big money to sign up Americans for nObamaCare and SEIU has stood apart from other unions as an early adopter and evangelist for the law. This is where the rubber meets the road for Democrats: Having enrolled more Americans in welfare programs, can these groups turn beneficiaries into Democratic voters? And are there enough of them to offset the frustrations experienced by so many in the 85 percent of Americans who already had insurance before nObamaCare passed? With some states providing voter registration packets with nObamaCare enrollment forms, the pump should be primed. Aside from the money these groups and their members got in grants and bounties, the real upside to helping induct nObamaCare beneficiaries could be in preserving a Democratic Senate that will provide money and favorable regulations to liberal groups. -Fox News

 Senate Republicans Block Energy Bill, Forfeit Keystone Vote 
On a nearly party-line vote of 55-36, President Barack nObama's Democrats fell short of the 60 votes needed to advance the bipartisan energy bill supported by the White House...Senate Majority Leader dinky Harry Reid, a Nevada Democrat, had offered a vote on a separate bill to take the final decision on Keystone out of nObama's hands and give it to Congress if Republicans allowed passage of the energy bill. But Republicans refused. They complained that dinky Reid barred them from offering amendments to the bill, including one that would have reined in emissions-cutting regulations on coal-fired power plants, a top strategy in nObama's fight against climate change.

 DHS Emails Reveal U.S. May Have Terrorist “Hands Off” List  
The nObama administration appears to have a terrorist “hands off” list that permits individuals with extremist ties to enter the country, according to internal Department of Homeland Security (DHS) documents obtained by a United States Senator...It’s unimaginable that any government would do this, but it seems like the nObama administration is constantly breaking new ground. The disturbing details of this secret initiative were made public this week by Iowa Senator Chuck Grassley, who has obtained DHS electronic mail discussing what could be a terrorist “hands off” list. The exchange includes a 2012 email chain between U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) asking whether to admit an individual with ties to various terrorist groups. The individual had scheduled an upcoming flight into the U.S., according to an announcement issued by the senator. The person was believed to be a member of the Muslim Brotherhood and a close associate and supporter Hamas, Hezbollah, and the Palestinian Islamic Jihad, according to the mail exchange obtained by Grassley’s office. The terrorist suspect had also been in secondary inspection “several dozen times of the past several years,” the agency emails reveal, but had not undergone a secondary inspection since 2010. This seems to imply that the suspect has been on the U.S. government’s radar for some time.
 Soldier and Hero Destroys President nObama in Open Letter 
Senior Airman Ret. Brian Kolfage is a real American hero. He has earned the right to speak out against the incompetence of the nObama administration... and so he does...Please take the time to read his open letter to President nObama which he released through 100 percent fed up. Dear President nObama,
 Emails Reveal White House Hid Truths About Benghazi Attack 
"If we knew everything then that we know now, one week after it happened, I think that would have been really devastating to nObama's reelection campaign," says former CBS reporter, Sharyl Attkisson...referencing the 2012 Benghazi terrorists attacks. Recently revealed White House emails suggest that the nObama administration may have attempted to mislead the American public by placing the blame on an Internet video and not Islamic terrorists, which would have raised questions about nObama's foreign policy strategy. Attkisson, an award winning investigative reporter, was one of the few journalists who continued pursuing the Benghazi story long after many in the main stream media lost interest. According to Attkisson, her bosses at CBS wanted her to drop the story. As a result, she left CBS, her employer for two decades, this past March over what she claims is "liberal bias" at the network and a lack of serious devotion to investigative reporting.
 Negotiating with the Taliban: Lessons from history 
The past 36 years of conflict in Afghanistan provide valuable lessons about the advantages and the perils of negotiating with insurgents. The Taliban’s track record of negotiation is replete with deception...In the past two decades, the Taliban has used negotiation more as a ploy to gain political and military advantages than as a way to settle conflicts. Pursuing negotiation with the Taliban as an exit strategy, as the Soviet experience in the 1980s shows, is both unrealistic and dangerous. Instead, the United States and the next Afghan government should take practical measures to ensure stability in postwithdrawal Afghanistan.
 Lou Dobbs Tonight 
How much did dHillarious know about Benghazi? FNC contributors Judith Miller and Michael Goodwin on the investigation into the Benghazi attack...
 Why Democrats Are So Scared of Benghazi 
They insist we don’t need another committee to investigate the attack—but they’re really afraid of the incompetence the truth will reveal...I read with interest my Daily Beast colleague Michael Tomasky’s column Wednesday, in which he asserted that the establishment of a Special Select Committee to investigate Benghazi is nothing more than b**. Putting aside that disrespectful characterization of a search for truth and accountability for an attack in which four Americans lost their lives, I’m troubled by the motivation of many on the left, who have sought to demonize anyone who questions the narrative the nObama administration has spun for nearly two years. I concur with our colleague Kirsten Powers, who writes that the glib, evasive, and arrogant posture of the White House and the president’s supporters has brought about the present Benghazi inquiry. The American people were told repeatedly in the days and weeks following the attack that it was the result of an offensive video‚ an assessment the president and secretary of state surely knew within hours was far from the truth.
 nObama admin to spend $20 BILLION on helicopter program
The contract, given to Sikorsky Aircraft Corporation, will cost an initial $1,244,677,064 'for the engineering and manufacturing development phase of the Presidential Helicopter Replacement program.'...For that price the U.S. Navy will get six test aircraft and all the necessary research & development. The Pentagon made a similar attempt to replace the aging fleet of Sikorsky choppers, spending $3.2 billion on a landing pad to nowhere. Adding in the likely $17 billion price tag for the new project – a number estimated by the Congressional Budget Office – the $20 billion total makes the fleet the most expensive helicopters ever built. And I continue to say WHY...when this country's economy is at .01% growth.
 20 Million More to be Cancelled Due to nObamacare 
Remember President Barack nObama telling Americans over and over that if they liked their current healthcare plans that they can keep them? Remember when nObamacare kicked in last October and 6 million Americans had their plans cancelled because of nObamacare?...Remember when President Barack nObama stepped in and told the insurance companies to stop cancelling plans and then gave an extension for it all to be worked out? But what’s going to happen when nObama’s illegal extension ends? According to some experts, up to 20 million private healthcare policies will be cancelled for failing to meet the nObamacare guidelines. nObamacare established minimum requirements for all healthcare plans offered by the insurance companies and it is estimated that up to 20 million existing polices still fail to meet those minimum requirements.
 Judge Jeanine 
What are Democrats afraid of? Why would they consider boycotting the select committee on Benghazi?...
 Tea Party Can Impeach nObama and Block dHillarious in 2016 
Tea Party Loyalists have had enough. With the House of Representatives voting last week to hold IRS political operative Lois Lerner in contempt of court and to establish a select committee on Benghazi...Tea Party Loyalists are putting the White House on notice that the nObama lies and systematic stripping of our constitutionally protected freedoms must stop now. The ultimate remedy is to impeach Barack nObama. In the process, nObama operatives including Department of Justice director Eric Holder and former Secretary of State dHillarious Clinton must be brought to justice for the lies they have told repeatedly to protect nObama from public scrutiny.
 The Southern Manifesto: The Truth about Democrats 
The Liberal Democrats take credit for civil rights and blame Republicans for obstructing these rights among minorities.  But their claim is a lie... In fact, Democrats fought against any form of civil rights for minorities and only conceded when they knew that their obstructionism would fail.  History proves without question that Republicans have consistently fought racism while Democrats proved that they were racists. Democrats constantly remind us that they have always been champions of civil rights and equality among races.  But, the truth proves otherwise.  The fact is that the Plessy v. Ferguson decision was made by a Republican led Supreme Court, in which Earl Warren was Chief Justice, and was supported, encouraged and enthusiastically enforced by a Republican President, Dwight D. Eisenhower, who had appointed Warren. It is hailed as perhaps the most important domestic political event in one of the most highly praised and most consequential periods of American 20th Century history. But the incontrovertible truth is that Democrats despised Brown v. Board of Education and did all they could to obstruct, and to reinstitute Jim Crow laws which had made second-class citizens of black Americans.  Their vehicle for this disgraceful affront to freedom was known as The Southern Manifesto.  It claimed that the Supreme Court had abused its power and promised to use all lawful means to bring about the reversal of the decision and to prevent the government (i.e., President Eisenhower) from implementing it.  The Southern Manifesto was drafted and presented by 99 members of both houses of Congress, of whom two were Republicans and 97 were Democrats.
nObamacare’s doom
George F. Will
    If the president wants to witness a refutation of his assertion that the survival of the Affordable Care Act is assured, come Thursday he should stroll the 13 blocks from his office to the nation’s second-most important court, the D.C. Circuit Court of Appeals. There he can hear an argument involving yet another constitutional provision that evidently has escaped his notice. It is the origination clause, which says: “All bills for raising reveornue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.”

    The ACA passed the Senate on a party-line vote, and without a Democratic vote to spare, after a series of unsavory transactions that purchased the assent of several shrewdly extortionate Democrats. What will be argued on Thursday is that what was voted on — the ACA — was indisputably a revenue measure and unquestionably did not originate in the House, which later passed the ACA on another party-line vote.

    This case comes from Matt Sissel, an Iowa artist and small-business owner who is represented by the Pacific Legal Foundation, which litigates for limited government. Sissel neither has nor wants health insurance, preferring to invest his limited resources in his business. Hence he objects to the ACA’s mandate that requires him to purchase it or pay the penalty that the ACA daintily calls the “shared responsibility payment.”

    In June 2012, a Supreme Court majority accepted a, shall we say, creative reading of the ACA by Chief Justice John Roberts. The court held that the penalty, which the ACA repeatedly calls a penalty, is really just a tax on the activity — actually, the nonactivity — of not purchasing insurance. The individual mandate is not, the court held, a command but merely the definition of a condition that can be taxed. The tax is mild enough to be semi-voluntary; individuals are free to choose whether or not to commit the inactivity that triggers the tax.

    The “exaction” — Roberts’s word — “looks,” he laconically said, “like a tax in many respects.” It is collected by the IRS, and the proceeds go to the Treasury for the general operations of the federal government, not to fund a particular program. This surely makes the ACA a revenue measure.

Did it, however, originate in the House? Of course not.

    In October 2009, the House passed a bill that would have modified a tax credit for members of the armed forces and some other federal employees who were first-time home buyers — a bill that had nothing to do with health care. Two months later the Senate “amended” this bill by obliterating it. The Senate renamed it and completely erased its contents, replacing them with the ACA’s contents.

    Case law establishes that for a Senate action to qualify as a genuine “amendment” to a House-passed revenue bill, it must be “germane to the subject matter of the House bill.” The Senate’s shell game — gutting and replacing the House bill — created the ACA from scratch. The ACA obviously flunks the germaneness test, without which the House’s constitutional power of originating revenue bills would be nullified.

    Case law establishes that the origination clause does not apply to two kinds of bills. One creates “a particular governmental program and . . . raises revenue to support only that program.” The second creates taxes that are “analogous to fines” in that they are designed to enforce compliance with a statute passed under one of the Constitution’s enumerated powers of Congress other than the taxing power. The ACA’s tax, which the Supreme Court repeatedly said is not an enforcement penalty, and hence is not analogous to a fine, fits neither exception to the origination clause.

    The ACA’s defenders say its tax is somehow not quite a tax because it is not primarily for raising revenue but for encouraging certain behavior (buying insurance). But the origination clause, a judicially enforceable limit on the taxing power, would be effectively erased from the Constitution if any tax with any regulatory — behavior-changing — purpose or effect were exempt from the clause.

    The Court of Appeals sits six blocks from the Senate, which committed the legislative legerdemain of pretending to merely amend a House bill while originating a new one. Across the street from the Senate sits the Supreme Court, where this case may be headed.

    Two years ago, the Supreme Court saved the ACA by declaring its penalty to be a tax. It thereby doomed the ACA as an unconstitutional violation of the origination clause.


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