Laws, who needs them, I’m the President

This is an amazing display of arrogance and disrespect for our legal system on President Obama’s part.  Let me first give you the background.

On January 1, 2013, a massive cut in government expenditures will take place, mostly to this country’s defense spending.  That was the “trade off” the President made in August, 2011 for an increase in this country’s debt ceiling that would get him through this November’s election without that pesky Congress having to take action.

But, a problem surfaced in August as we reported here.  Under federal law (the WARN Act), if a corporation with more than 1000 employees plans to either close a plant or lay off employees, that corporation must give notice to employees that they may lose their jobs 60 days before the expected layoffs.  Under WARN cuts to defense spending taking effect this January 1 will require that some defense contractors, Lockheed Martin, for example, give notice of potential layoffs to all of their employees by November 2…four days before the election.

This, of course, would not be good for the President.

As we reported in August, the Department of Labor issued “guidance” to defense contractors telling them that they did not really have to comply with federal law.  Apparently, the defense contractors were not persuaded by said guidance.  So, on Friday (when else) the President  told defense contractors that if they ignored the law and did not send out the required notices, you, the taxpayer would pay for any attorneys’ fees, court costs or damages the contractors would be forced to pay if they were sued.

Here’s what your President said to contractors if they failed to comply with the law.

[A]ny resulting employee· compensation costs for WARN Act liability as determined [sic] by a court, as well as attorneys’ fees and other litigation costs (irrespective of litigation outcome), would qualify as allowable costs and be covered by the contracting agency…

Translation…do what I say, and if you are sued for failure to comply with the law, John Q. Public’s taxes will reimburse you for everything you spend, win or lose.

In your face, taxpayers, I’m the President.

 

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SoundOffSister

The Sound Off Sister was an Assistant United States Attorney for the Southern District of Florida, and special trial attorney for the Department of Justice, Criminal Division; a partner in the Florida law firm of Shutts & Bowen, and an adjunct professor at the University of Miami, School of Law. The Sound Off Sister offers frequent commentary concerning legislation making its way through Congress, including the health reform legislation passed in early 2010.

12 Comments

  1. Dimsdale on October 2, 2012 at 9:47 pm

    I’ve been reading about this.? What the “guidance” doesn’t say, but subtly implies, is that following the law (to the detriment of ?bama) will result in no further government contracts.
    ?
    The inevitable strings, you know…..



  2. Lynn on October 3, 2012 at 7:50 am

    I”ll bet this will not be brought up by anyone in MSM.



    • JBS on October 3, 2012 at 10:42 am

      Crickets . . .



  3. Don Lombardo on October 3, 2012 at 9:34 am

    No surprise here, El Presidente is a hard core marxist – race card playing?- America hater.



    • stinkfoot on October 3, 2012 at 2:13 pm

      Demagogue



  4. SeeingRed on October 3, 2012 at 10:29 am

    How can the Preezy of the United Steezy just?abrogate a law – any law?? Executive Order is one thing but does that power give him the abilityto ‘break’ the law?? Does’t he still have to follow the law(s) as passed?

    Second question is out of which budget is Barry making these deep pocketed promises?? He does not control the budget of the respective federal entities and as such, can’t order that they ‘overspend’.? (Will helicopter Ben just runn off a special batch of C notes?)? Which is a question in itself – once a budget is allocated (funded) by Congress, an agency can’t ‘overspend’ thier budget.???Federal budget dollars are allocated anually and have no shelf life.?

    Last, if a law enforcement entity wished to prosecute for lack of following WARN, would it?necessarily be DoJ?? Or could the Atty General of the Commonwealth of VA ‘press charges’?
    ???
    IMAGINE if GWB has pulled a stunt like this…on the eve of a friggin’ debate no less….



  5. Dimsdale on October 3, 2012 at 2:40 pm

    “I won!” says ?bama.?
    ?
    “We lose” says the country.



  6. JBS on October 3, 2012 at 4:15 pm

    Obama is the very personification of “Power tends to corrupt, and absolute power corrupts absolutely.” (Acton)? Coupled with his imperious arrogance and monumental conceit, Obama will use the power of his office to aid and abet anything that will further his rule and ensure he and his cronies are in charge. This is a man who is angry and retaliatory toward any thwarting of his objectives. Obama will say and do anything to retain power.
    He cannot tell the truth; he has lied about everything for so long that the truth is anathema to him. He spins every event to his perceived advantage. That he supported something in the past is no indication of his future position. If anything, his past performance is merely indicative of future reversals.?
    Obama simply does whatever is the most expedient and advantageous to him at the moment. Everything he does is geared to his retention of power and his continuation as president (small p).
    If it is “illegal”, so what? No one will call him on it. The media would sooner report his basketball picks or his favorite color than question his performance. No one has ever held Obama accountable for anything; he routinely dodges responsibility and spins the…



  7. Linda Mae on October 3, 2012 at 4:52 pm

    Every time I think he can’t get any worse, he surprises me.? I urge everyone to google New Yorker, Obama, the Chicago Way to read the 17 page article written in 2008.? Do it!!!



  8. ricbee on October 3, 2012 at 11:07 pm

    Obama’s worst offense against the USA is his taking the law into his own hands. What makes the USA? unique is that we were all formerly governed by written law,not by dictatorial whim.



  9. Gary J on October 4, 2012 at 7:55 am

    ?Thank goodness we are still allowed to vote and he hasn’t banned that as yet. He still has time to make voting illegal and therefor remains as sitting President. After all he is the President.



    • JBS on October 5, 2012 at 8:14 am

      There is that pesky electoral college thing. Only the majority votes in a state are recognized thus throwing all of the state’s votes for one candidate.?
      ?
      Could it be that the framers of the Constitution didn’t trust the ignorant, land-owning farmers of the states?



square-king-obama

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