(Rep Joe Wilson:) The height of corruption

The Hill ^ | 10/5/2012 | Rep Joe "You Lie" Wilson (R-SC)

[markomalley]

Last week, I discovered one of the most corrupt acts I have seen while serving in public office: The Office of Management and Budget (OMB) issued a memorandum, advising defense contractors that if they failed to comply with existing law, taxpayers would pay any resulting employee compensation costs and attorneys’ fees incurred. Instead of notifying defense contractors that they must abide by the laws set in place to protect American families, the administration has advised and encouraged these companies to break the law without penalty. Does that sound unbelievable to you? It sounded unbelievable to me when I first heard about it. Let me explain how it works:

On August 2, 2011, the president signed The Budget Control Act (BCA) of 2011 into law, increasing our national debt ceiling and establishing at least $1.5 trillion in spending reduction over the next ten years. To achieve these cuts, the Joint Select Committee on Deficit Reduction, commonly referred to as the “super committee,” was created and tasked with reaching an agreement on spending cuts by November 23, 2011. Because the committee failed to reach an agreement, automatic across-the-board cuts of $1.2 trillion, also know as “sequestration”, are on schedule to occur beginning on January 2, 2013.

Roughly half of the $1.2 trillion in cuts will come from the Department of Defense (DOD) and the other half from a variety of domestic programs, to include Medicare. Sequestration represents roughly $600 billion in cuts to DOD’s budget. Every military program, project and activity would see a cut of approximately 8-10%.

With sequestration looming ever closer, many members of our defense industry have begun planning for these cuts to impact DOD contracts. Part of this planning is determining how many employees will have to be laid off and how to comply with the applicable labor laws. The particular law in question is the Worker Adjustment and Retraining Notification (WARN) Act.

The WARN Act requires employers with more than 100 employees to provide written notice 60 days before a plant closing or mass layoff if such an event is “reasonably foreseeable.” On July 30, 2012, the Department of Labor (DOL) issued guidance to employers, stating that sequestration is not reasonably foreseeable and advising employers not to send out WARN Act notices. This political “guidance,” was issued despite the fact that sequestration has been looming since November 23, 2011. Despite the fact that there has been no leadership from the president to avoid sequestration even though the irresponsible idea originated from the White House. Despite the fact that the House has passed five bills to stop sequestration, while the Senate steadfastly refuses to address the situation. It certainly appears reasonably foreseeable to members of the Defense Industry and myself.

Defense contractors disagreed with DOL’s legal advice and decided to move forward with issuing layoff notices in accordance with the WARN Act. The administration, fearing the impact of such notices this close to an election, took the extraordinary step of having the OMB assure industry that if they do not issue notices, the federal contracting authority responsible for the relevant contract will categorize any resulting legal fees as “allowable costs,” and pay those costs with taxpayer money. Defense companies were given guidance on how to qualify for the government to cover their legal fees. OMB’s memo says that industry must meet a two-prong test to qualify: First, sequestration must occur and affect a contract so that a plant closing or mass layoff is required. Second, the company affected must have previously complied with the DOL’s guidance and not issued WARN Act notices.

So you might be asking yourself, “why would these companies have to worry about liability when they are following the advice of the government?” That is because the DOL and OMB guidance letters have no legally binding affect. The WARN Act is still the law and if a defense company has to conduct a plant closing or mass layoff and fails to comply with the Act, they have exposed themselves to liability. Workers who do not receive proper notice can sue the company and a federal court will then determine if the company violated the act. The law is all that should matter.

Regardless of whether the litigation is successful, the government contracting agency would now cover all legal costs. This raises serious questions because now the defense companies have no incentive to treat their employees fairly under the WARN Act because the taxpayers will pick up the tab regardless of the outcome. As a result, American taxpayers could potentially be liable for millions in legal fees for the sole purpose of re-electing the President.

This is the outrageous abuse of taxpayers for political gain! It is clear that this administration, out of fear of bad news before an upcoming election, has inappropriately used its authority to bribe private companies. Using taxpayer money to allow private companies to break the law, all in effort to make sure that President Obama gets reelected, should not be tolerated. Senator Lindsey Graham was absolutely correct when he called these actions, “patently illegal.”

[markomalley]

The famous line: http://www.youtube.com/watch?v=qgce06Yw2ro

[American Constitutionalist]

JOE WILSON FOR HOUSE OF REPRESENTATIVES HOUSE SPEAKER !

[dalebert]

ping

[scooby321]

Joe Wilson for Senator of South Carolina

[PuzzledInTX]

I called my Congressman’s office upon hearing this news a few days ago to see if he had a statement regarding this very serious issue. The staff told me that since it was relatively new, no response had been drafted. The Republicans are waiting to defeat the current administration rather than attempt any type of impeachment process. What wimps! Also, I was the only constituent at the time to call his local office to rant. I feel so helpless. This issue is not getting the coverage it should even though I saw a story on ABCnews about it. I wonder if Congressman Wilson’s statement will raise any more awareness.

[unixfox]

This is the outrageous abuse of taxpayers for political gain!

And they do it because WE let them get away with it. The ballot box does not work anymore. Unfortunately it will be the cartridge box that fixes it.

So be it.

[rockrr]

The Office of Management and Budget (OMB) issued a memorandum, advising defense contractors that if they failed to comply with existing law, taxpayers would pay any resulting employee compensation costs and attorneys’ fees incurred. Instead of notifying defense contractors that they must abide by the laws set in place to protect American families, the administration has advised and encouraged these companies to break the law without penalty.

Question: Under what authority can the OMB make these guarantees of payments? Where would they get the funds to pay these multi-million dollar fines?

Of course this doesn't even begin to touch on the impact that these looming layoffs will have on families. Wouldn't it be advantageous for the GOP to alert these people that (thanks to Øbozo) they're going to be losing their jobs?

[Cheerio]

JOE WILSON FOR HOUSE OF REPRESENTATIVES HOUSE SPEAKER !

I second that. I too posted last week exactly what Wilson is saying. The law is the law and if I were advising Lockmart, it would be to follow the law or be prepared to suffer the consequences.

[17th Miss Regt]

So a defense contractor does not send out the notices, gets sued and the OMB says that the contractor is on their own. No reimbursement for legal fees or anything because the notices were advisories only. The company pays millions in fines. If I were a stockholder in the company I would be howling for the blood of the CEO and quite a few of the company leaders.

[GeronL]

Introduce a bill of impeachment! Oh wait, they are all out campaigning

[Cheerio]

And they do it because WE let them get away with it.

This is exactly why I cannot bring myself to believe that the current RAT course of events can ever be reversed. There should have been mayhem in the streets a couple of years ago - like when they bent the rules to jam Obamacare down our throats when every poll taken showed the electorate did not want it passed. Scott Brown was to be the vote to stop it and what did the RAT controlled Senate do? The House was prepared to "deem it passed" without a vote. The Clown in the WH would have written an EO if it hadn't been pushed through the Congress anyway.

As Mark Levin says, we are definitely in a post-Consitutional America. We are incapable of stopping what is occurring - now go back to your TV. Oh and yes the clown is about to write an EO giving him control of the internet since the Congress won't give him what he wants. Even our ability to communicate amongst like minded conservatives over the internet is in danger.
Executive order on cyber security builds steam amid criticisms

[Graewoulf]

” - - - Senator Lindsey Graham was absolutely correct when he called these actions, “patently illegal.”

Well then Rep Wilson, why not do the necessary thing and IMPEACH Obama?

DO YOUR DAMNED J-O-B !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[OldArmy52]

What?
That a “President” who spent million$ to hide his past, whose fake birth certificate isn’t even a very good one, who lies about almost everything, who breaks his Official vow to defend and support the Constitution daily, who is not even very bright, who is backed over the last 4 years with multiple billion$ worth of media support.....would break the law?

Say it ain’t so!

Personally, why anyone would listen to a single work of this creature is beyond me. Maybe it is like sort of an intelligence test....if you listen and believe his b.s., you are an idiot (or a Democrat...little dif).

[MrDem]

President Romney should award the Congressional Medal Of Honor (is there a such thing?) to Joe Wilson for his singular act of valor by saying “YOU LIE” to the Pathological-Liar-In-Chief before the whole world.

[Grandma Pam]

I’m so thankful that Joe is my congressman.

[Pining_4_TX]

Amen! Politicians talk a lot but do little to stop this outlaw administration.

[Jacquerie]

>> I was the only constituent at the time to call his local office to rant.

That is the reason I assume Boehner has kept quiet even talk of impeaching Obama for his assaults on our republic. We rant against inaction, but have only ourselves to blame for not leaning hard on our reps. Recall Rush's appeal to defeat the "Shamnesty" bill a few years ago. We melted down the capital phone lines and email servers.

When we win this November, I am certain all will be lost in four years if we do not continually buck up Congress and Prez Romney to restore our republic.

[ridesthemiles]

The ballot Box works for the Democrats when they have fraudulent voting happening.

How many votes would there really be if all voter fraud was totally stopped??

[Cyber Liberty]

The Republicans are waiting to defeat the current administration rather than attempt any type of impeachment process. What wimps!

Do you really think starting an impeachment process less than a month before the election is wise?