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Loose Canons

Obama vs. the ‘Undisclosed Donors’

There he goes again, moving corruptly and unconstitutionally.

On matters of war and peace, President Obama likes to lead from behind. On matters domestic, he’s content to subcontract grand ideas to congressional Democrats in order that they wreak havoc on our economy. But there’s one topic on which Obama stands second to none: campaign fundraising.

First, he condemned those who gave undisclosed political contributions. Next, he is taking steps to corrupt the federal contracting process and then he turned a blind eye to his former staffers’ creating the means to gather and flow those same undisclosed contributions to his campaign.

The drama began with the January 2009 Supreme Court decision in Citizens United v. Federal Election Commission. The high court held a substantial portion of the McCain-Feingold campaign finance law unconstitutional. That decision said that barring independent political expenditures by corporations conflicted with the First Amendment.

A year later later, in his State of the Union address, Obama castigated the Supreme Court with the justices sitting, as is the custom, close to the presidential podium. Obama said, “With all due deference to separation of powers, last week the Supreme Court reversed a century of law that, I believe, will open the floodgates for special interests, including foreign corporations, to spend without limit in our elections,” Obama said. “I don’t think American elections should be bankrolled by America’s most powerful interests or, worse, by foreign entities. They should be decided by the American people. And I urge Democrats and Republicans to pass a bill that helps correct some of these problems.”

It was an unprecedented slap in the faces of the justices who sat only a few feet from the president. Justice Alito was apparently so insulted by it that he couldn’t refrain from mouthing the words, “Not true,” in a memorably-filmed incident.

Only a few weeks before last November’s election, Obama — campaigning in Delaware — said of the undisclosed donors, “They don’t have the courage to stand up and disclose their identities. They could be insurance companies or Wall Street banks or even foreign-owned corporations. We will not know because there’s no disclosure.” He added, “But this isn’t just a threat to the Democrats: It’s a threat to our democracy.” 

Congressional Dems responded with an effort to overturn the Citizens United decision legislatively with the so-far un-passed “DISCLOSE” Act, which would have restricted undisclosed donors who aren’t unions and other reliable sources of liberal funding. The fact that you cannot amend the Constitution by legislation apparently isn’t known to our professor of Constitutional law and is of no concern to Congressional Dems.

Now, Obama is considering an Executive Order the effect of which would reverse Citizens United in part, and, entirely, corrupt the federal contracting process.

The April 13 draft Executive Order is entitled “Disclosure of Political Spending by Government Contractors.” Section 2 of the draft says, in part, that “…every contracting department and agency shall require all entities submitting offers for federal contracts to disclose certain political contributions and expenditures they have made within two years prior to the submission of their offer.”

The required disclosure would be any contributions or expenditures — by the company, its officers and directors and subsidiaries under its control — to or on behalf of federal candidates, parties, or party committees or to third party entities with the expectation that the contributions would be used for campaign purposes.

And, of course, the disclosure would not affect any of the unions so favored by the White House. They don’t bid on government contracts for ships, aircraft, computers and the other assets the government spends billions to buy every year.

But for what purpose would the companies disclose to the contracting departments and agencies and not the FEC? The only reason to require the contracting agencies to have this data is for them to consider it when awarding the contracts.

Federal contracts are among the most-regulated of the government’s actions. They are not patronage: contracts are legally required to be awarded on the basis of price, technical superiority and the past performance of the company in question. By injecting the political contributions, Obama is trying to restrict the ability to get contracts to those who are politically loyal to him.

Aside from being entirely corrupt, that conflicts directly not only with Citizens United but also with a 1996 Supreme Court decision that arose — perhaps inevitably — from Illinois politics.

In O’Hare Truck Service v. City of Northlake, the high court ruled in favor of a tow truck company that had been removed from a list of approved providers because its owner refused financial support for the city’s mayor’s re-election campaign and had the audacity to support his opponent.

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About the Author

Jed Babbin served as a Deputy Undersecretary of Defense under George H.W. Bush. He is the author of several bestselling books including Inside the Asylum and In the Words of Our Enemies. You can follow him on Twitter @jedbabbin.

Letter to the Editor View all comments (66) |

Michael Tomlinson| 5.2.11 @ 6:57AM

Get ready for Muslim jihadists, the Muslim Brotherhood, Hamas, the Iranians, Chinese and other terrorists and tyrants to spend millions to reelect America's most corrupt and incompetent President -- Barack Hussein Obama.

rongordo | 5.2.11 @ 11:09AM

Well, you can probably count the Chinese out of that line-up. Though they like the Taiwan-is-now-easy-for-the-taking aspect of Obama's foreign policy, they'd rather see their three trillion dollar investment returned. I agree with the rest though. Obama is Vichy, thru and thru.

mames| 5.2.11 @ 11:59AM

Ands why are we not hearing this from our GOP leaders? Why are they not screaming?

RCV| 5.2.11 @ 1:51PM

...I think we just lost those jihadist contributions.

Michael Tomlinson| 5.3.11 @ 1:02AM

There are nearly a billion Muslims in the world and if a mere 10% support jihad (much larger) that's 100,000,000 fanatics to support Obama.

Since most of the jihadist money came from Hamas in Gaza I think they'll come up with the big bucks.

Teaghan| 5.2.11 @ 7:04AM

That was done in the last election Michael. All of those credit card donations under $100. each so name do not have to be disclosed. obama will be on display today, strutting like a peacock, preening and patting himself on the back, taking full responsibility for the killing of UBL. I am glad that the bastard is dead but am sickened that obama was in office when it was done. I'm also thankful that UBL is dead and was not captured so we are spared the circus of a trial in NYC with Holder telling us of osam's civil rights.
Sheeeesh! Whata way to start the week!

Michael Tomlinson| 5.2.11 @ 8:50AM

Teaghan I think it is going to be worse this time around.

Just remember it was waterboarding KSM that helped give us the intelligence that gave us Osama. You know that pisses off Obama and Holder who still want to let the jihadists go free.

RCV| 5.2.11 @ 1:53PM

You'd think, as an American, you might actually believe it was a good start to the week. But in your hatred for Obama you've lost sight of the national interest. Shame

Redstateboy| 5.2.11 @ 2:11PM

RCV?? Your thump'n your chest are you? Proud of Das Messiah are we? Good.... So if Das Messiah is to be given credit for the killing of Osama bin Bama - fine - but then is... can Das Messiah be held responsible for.... High Gas prices? High Food prices? A Trillion dollar failed Stimulus? The highest foreclosure rate since 1929 and a Ghastly unemployment rate?

RCV| 5.2.11 @ 2:20PM

All Americans should be thumping their chests this morning. This isn't about politics.

Redstateboy| 5.2.11 @ 4:45PM

it's always about politics.. and secondly? I don't thump my chest at this death - it brings no joy and finally.. you avoided the question totally.

Michael Tomlinson| 5.3.11 @ 1:05AM

Too bad Clinton refused to kill him in the 90's then there may not have been a 9/11.

Michael Tomlinson| 5.3.11 @ 1:03AM

Wah, wah, wah! Hey, I'm proud waterboarding worked and the SEALS despite the Obama cuts still got the job done.

Ret. Marine| 5.2.11 @ 7:40AM

How can any of us expect this criminal, obamas bin lyn, to ever say anything of truth, it is not in his vocabulary. Seems he really does think himself above our Constitutional laws, how many has he broken through his czars as of lately? any guesses out there. Why then do we expect him to change his colors, I know I don't. I fully expect him to ignore the investigation by the FEC even though it is a very real possibility that he has "in fact" has broken many of the the laws pertaining to it. With eric "the red" holder and his people backing him up, don't expect anything to be done about it until he id knocked off that high horse of his, his supposed throne. God, I am really pissed at the losers who placed this fraud into our house and the many who will in the future. I only pray and hope they have great security. It won't be long before we are about to see the real dangers this fraud posses in the form of once again fraudulent voters voting as much as possible all day long come election day in 2012. I keep asking myself what is it going to take to remove this danger from our Republic? I seems as though they are all in on it, all of them the D's, R's and the I's or more pointedly, all cowards for all the wrong reasons, they really think they are going to get away with it.

Dee See| 5.2.11 @ 8:04AM

Retroactive IMPEACHMENT of our last 4
CFR/RIIA Tavistock set-up administrations.

Instant nullification of ALLLLL their unconstitutional, republic subverting
treaties and agreements (NAFTA, GATT,
NAU etc.).

Immediate defunding and exit of the EUGENICS
front UN. Get the very headquarters off our
land.

Immediate default on the absurd 1.4 quadrillion in FAKE
derivatives, and the trillions in 'debt' to the US
taxpayer created 'RED Chinese miracle'.

Immediate restoration of Glass-Steagal.

An end to ALL fractional reserve lending practices immediately.

A comprehensive, sustained and unflinching
audit and investigation of ALL the tax-free,
ultra rich 'benny violent' capstone foundations
and their 'chair-IT-Abel' aims (ie mass covert
population extermination/EUGENICS).

Likewise their creation, the utterly ILLEGAL
Federal Reserve.

Under the auspices of an HUAC/NUREMBERG
style tribunal and inquest ---deep prosecution
for a century of republic subverting, conflict
instigating, depression triggering, genocide
enabling activity here and around the world.

(BTW --Agenda 21 et al calling for 100 MILLION
Americans to be 'gone' by 2050. ---How? Start
thinking stealth inter-generational sterilization
via GMO foods, with a little help from Fukishima)

And for this the 'warmest' prosecution imaginable.

March on the New York offices of the Federal
Reserve, and Rockefeller/Carnegie/Ford/Gates
Foundations this July 4th.

AHHHHH!

---------------THE REAL AGENDA AT LAST

Stammon| 5.2.11 @ 10:41AM

As long as your wishing; ask for a pony.

Ken (Old Texican)| 5.2.11 @ 8:04AM

Marine,
they can rig the deck, but they can't make us play.

Brubaker5| 5.2.11 @ 8:09AM

There may have been a more corrupt administration somewhere in America's history, but I doubt it. Obama and his thugs will stop at nothing. Opponents who try to play by the rules are playing at a huge disadvantage.

uncle curmudgeon| 5.2.11 @ 8:31AM

You have a nice little paving company here, Mr. Smith. It would be a shame if something were to happen to it.
Don Barry says, "Make him an offer he can't refuse."

wodiej| 5.2.11 @ 8:49AM

DC like Chicago on steroids.

big bob| 5.2.11 @ 9:14AM

There is such contempt in the progressive "thumb in your eye" mentality, it's hard to believe that his approach is anything other than he does it because he can! I see an increase the brazenness and intensity of his treason-like behavior. He defies judges, congressmen, senators, commissions, voters...for what reason? because he can. And he seems to be beyond the reach of anyone. He is behind the scenes right now setting the stage for the next election, similar to Harry Reid making sure the SEIU rigs his voting machines. Why else would he pick $1 billion as a target? because he can? to disparage opponents? And then to handicap virtually anyone wanting to support a candidate.
For the record, I have been a financial broker for 26 years. We just received word that we cannot support any political candidate for more than $100 and then that has to have the permission of our compliance officer. Who do they think they are? I'm referring to congress, of course, and their ability to take away my right to support whomever I want!! I hear no one talking about that, yet it is in stone in my firm!! This is all going on behind the scenes in a very systematic fashion. King O'bama intends to reign on high, and banish his critics to London tower. Mark my words...this cannot end well.

Ned| 5.2.11 @ 11:11AM

Can you imagine the shreiking had G.W. even *thought* about pulling any of this crap?

Barry, the One-term Wonder!

SpiralArchitect| 5.2.11 @ 11:28AM

...doubt it.

David W| 5.2.11 @ 9:25AM

Hugo Chavez, Barrack Obama, I'm getting the two confused. Oh wait, one is pudgy and the other is not. Now I know the difference.

rongordo | 5.2.11 @ 11:03AM

Obviously, Hugo wears the pants in his mansion.

Redstateboy| 5.2.11 @ 9:37AM

How prophetic was Joe Wilson when he yelled out: "You Lie!" ?

C.K. Amos| 5.2.11 @ 3:17PM

Wilson was not prophetic. He simply could no longer suppress what millions of us had said and/or written, but not having the audience and opportunity Wilson did.

Were the Republicans and conservatives in Congress not the semi-jellyfish they seem to be, we would have heard and would still be hearing more of them publicly echoing Wilson.

Doctor Right| 5.2.11 @ 10:03AM

The Republican "leaders" in the House and Senate consistently demonstrate a lack of intestinal fortitude in challenging the Democrats on their malfeasance and illegal behavior. Always have, always will.

Until that changes, and some people with real guts are sent to Washington to fight these un-American leftist swine on their own terms, the Democrat will ALWAYS get away with it.

No sense crying about it until then...

C.K. Amos| 5.2.11 @ 3:19PM

I wonder: Is it lack of intestinal fortitude or just plan testicularity, real or figurative? :-)

rongordo | 5.2.11 @ 11:02AM

Where is Darrell Issa? I thought he was going to get this joker thug.

mames| 5.2.11 @ 12:02PM

Exactly why not be fighting this front and center instead we hear about it from AS.

SpiralArchitect| 5.2.11 @ 11:30AM

Funny you are...

Got Hope & Change?

Got transparency?

Got a barf bag ?

Oldefarte| 5.2.11 @ 11:34AM

Outstanding editorial, Jed! This just simply demonstrates the hypocritical corruption of not only him but of all DEMOCRATS as well!!!!

Richard| 5.2.11 @ 11:55AM

Remember that for a Leftist what is right, what is good, even what is true, is what helps them win. Marxist ethics 101.

Hamilton Lucas| 5.3.11 @ 10:11AM

Actually, I think "The Golden Rule" is appropriate.

MyGirlFriday| 5.2.11 @ 1:21PM

If Obama's crew bundled money so can we. If you personally cannot make a contribution, write a check to a friend/s who perhaps cannot afford to contribute as much as you can and then have them make the contribution for you. Those contractors who are doing business with the government can contribute X dollars to their preferred charities and the charities can make X donation to their preferred candidate. Let us not forget, that our tax donations to charities will eventually be prohibited from tax deductions by this administration. All charities should be lining up to help remove this administration from office as they are now enemies of the state too.

RCV| 5.2.11 @ 1:54PM

The order makes total sense. If we're going to be vigilant about corruption, we ought to know whether those who are awarded government contracts made big payments to government officials.

big bob| 5.2.11 @ 2:27PM

Just exactly WHO do you think is being vigilant about "corruption"?? You can't possibly be serious to think that the executive order Jed discusses here is to enforce rules against corruption. If you think that is what is going on here, I would suggest you get to the book store and find the novel, "Alice in Wonderland". That will be more in line with your thinking. The history from this man-child is purely to intimidate and belittle any opponents he might encounter. Just review how he moved up in the ranks. His pattern is not to do anything positive, but to reveal things about his opponents. This order, should it be put into effect, is to remove and intimidate as many as would come against him politically. That is the bottom line.

Johnny| 5.2.11 @ 2:05PM

Why in this age of the internet and facebook would anyone need a billion dollars to run for the presidency??? That is the problem with our country now, you must be wealthy or able to raise cash instantly in order to win...WHY WHY WHY??? Stop the nonsense of spending so much to campaign, Public debates would be carried by all the major networks and cable news shows....ARGH!

Hamilton Lucas| 5.3.11 @ 10:10AM

Because people claim your birth certificate is a fake. And you need lawyers.

Ray| 5.3.11 @ 12:30PM

OR you could just spend the 25 dollars (or whatever) to obtain a certified copy and release it. If they're not satisfied with that, well, who cares? You don't need lawyers for that.

Hamilton Lucas| 5.3.11 @ 7:56PM

Release it where? To the "internets"? Everyone will just say the word "Photoshop" and you're back where you started.

I was thinking about it the other day - I think it'd be awesome if when a new President is elected we mailed out (or made available at the local post office) informational packets about the person. Age, sex, a photograph - copies of their tax information, and birth certificates - etc.

Gordon W.| 5.2.11 @ 2:50PM

I don't understand why anyone would want to ensure payments to the government and government officials are not disclosed. Unless the donors interests are not in-line with other's who who vote for the donee candidate. If the law were to go into effect the knife would cut both ways. Contracts are funded by congress and given out by agencies and other other areas of the government which have autonomy from the president.

The discussion on the constitutional nature of Obama's decision is suspect considering the first page of the article says that it is unconstitutional to amend the constitution. Additionally the analysis of the supreme court case omits the balancing test and how it would be applied to this situation.

Nunya| 5.2.11 @ 2:51PM

This is just more Chicago-style thuggery from Obozo, I expect no less from this corrupt and perfidous administration. They talk about being "open", and yet they are the most deceitful administration in history.

Frankly, executive orders are questionably constitutional at best, there is no such authority that I've read in my copies of the Constitution. So... if Obozo does this I hope the entire list of executive orders comes into question and are deemed unconstitutional by the SCOTUS. We'll see...

Hamilton Lucas| 5.3.11 @ 10:17AM

http://www.archives.gov/federa.....wbush.html

Nunya| 5.3.11 @ 10:26AM

And your point?

If you think I'm a fan of W and am just bashing Obozo, you are sorely mistaken.

Hamilton Lucas| 5.3.11 @ 10:30AM

My point was that many executive orders have been issued by many presidents.

"So... if Obozo does this I hope the entire list of executive orders comes into question and are deemed unconstitutional by the SCOTUS"

Does this include all of the previous executive orders? Or just the ones issued by the current President of the United States of America?

Hamilton Lucas| 5.3.11 @ 10:32AM

Oh, wait - I used the title that implies dignity and respect.

Replace "President of the United States of America" with "Obozo".

C.K. Amos| 5.2.11 @ 3:21PM

Republicans, conservatives and Tea Party members will continue to fail to resist and pushback the Democrats', liberals' and leftists' tactics until the Republicans, conservatives and Tea Party embrace that they're in a street fight, there are no rules and fighting fair wins them nothing.

Comes that day, perhaps our country will take a potentially permanent turn for the better.

Hamilton Lucas| 5.3.11 @ 10:08AM

Yeah - the day when people stop accepting the so-called "truth" on faith alone.

Hamilton Lucas| 5.3.11 @ 10:16AM

Fighting fair doesn't win arguments when you're wrong.

Mistral| 5.2.11 @ 3:46PM

Throw in a birth certifcate Photoshop forgery and you have got the most corrupt and disgraceful non-person who has ever entered American politics. He should be impeached and soon.

Hamilton Lucas| 5.3.11 @ 10:08AM

What? You want Barack to mail you a copy? Give it up already.

The Duke| 5.3.11 @ 9:05PM

How do you know it`s a forgery? Did you examine it yourself? Or did you just hear someone say that on Rush or Sean or Glenda`s show?

Impeached? For what? The nation is rejoicing that Obama finished the job that Bush dropped for 7 years and sent Bin Laden to his eternal reward.
Not too long ago, the GOP tried to impeach a popular president, remember? How`d that work out? Oh yeah, Newt Gingrich wound up getting kicked out of his speakership, by his own people.

PattyMor| 5.2.11 @ 4:04PM

As a response to Where is Darrel Issa? Well the FEC is investigating Obama's 2008 campaign. This is rather unusual because Obama took no Federal matching funds. Don't know what concrete evidence they will find, but I'm sure that BHO will drag his heels on cooperating until after the 2012 election, if ever.

Sam Levi| 5.2.11 @ 4:33PM

Friends,
I for one do not believe for two seconds that Bin Laden is dead as it is being reported. Forget where is the birth cerificate, we know it is fake; where is the body? Do they really expect me to believe that they just tossed him overboard after a 10 year manhunt.
Consider this.
If this did happen:
He waited to announce it in time to preempt Donald Trump's show. (political motivation)
Obama just invaded another country.(He refused to do anyting in Libya until the UN stepped in.We need to be militarily in four countries at once? Why does the history lesson of fighting on multiple fronts come to mind?)
Obama ordered an assassination. Isn't that against U.S. law?
http://www.reuters.com/article.....H220110502
Here it says "Senior U.S. officials, who briefed reporters early Monday, said the Obama administration did not inform Pakistani authorities of the mission until after it was concluded."
http://www.washingtontimes.com.....-pakistan/
to be (cont'd)

The Duke| 5.3.11 @ 9:00PM

This guy must be one of those Michigan militia types, scared sheetless that those stealth helicopters are gonna land quietly on their compounds one night, with agents from "The Gobmint" landing to take their guns away. Where do these people come from?

Sam Levi| 5.2.11 @ 4:33PM

Clinton says Pakistan helped.
http://news.yahoo.com/s/ap/201.....pakistan_1
(Some one is lyin, again...)

http://news.yahoo.com/s/ap/201.....pakistan_1
Pakistan says they killed him and the U.S. took the body.

I basically said all that to say this: just yesterday I told a friend of mine, "Obama's rating is slipping. He has to manufacture something." He agreed, we are deathly afraid that if the One decides that he's going to loose the WH and the Senate that he will find a way to cancel the elections "for the good of the country" and then wait for martial law.
I'm very afraid that just voting the pretneder out is not going to be enough.

RCV| 5.2.11 @ 4:42PM

You guys have really gone off the deep end.

The Duke| 5.3.11 @ 8:55PM

They went off the deep end in November 2008. Been outta touch ever since.

Who Knows?| 5.2.11 @ 6:19PM

I just don't get it.

What's the problem with BHO trying to do whatever he can get away with to help himself get reelected?

That's the problem with the GOP---they think there are laws that need to be followed!

What piqued my awakened ire, today, about this "presidential order" brouhaha has to do with the in-your-face fact that unions are exempt, etc.

Indeed, the whole "transparency" and "disclosure" kabuki dance that is taken so seriously by the GOP and other freedom-loving Americans should be seen from a TRANSCENDENTAL point of view---

"Transparency" and "disclosure" are just---WORDS!

And, anyway, why should the leftists do anything to screw unions? They are ONE!

BHO is just fighting for his team!

Batter up?

Wake up Republicans!

Throw strikes, but more essentially, a wild pitch now and again that could strike between the eyes, or the legs, is called for!

RCV| 5.2.11 @ 6:24PM

I see. "transparency" and "disclosure" are interfered with by requiring those who seek lucrative government contracts to disclose those public officials who they've been giving money to?

Rory Connally| 5.2.11 @ 9:57PM

I am an architect that does a lot of DOD business with the government. Obama's executive order will not only allow government contracting officers to consider political payback in the selection of contractors, it will allow them to punish any political enemies that still get contracts by how the contracting officer chooses to administer the contract. A politically-minded contracting officer can bleed an "enemy" firm in many dishonest ways. I expect that the majority of professional contracting officers are very uncomfortable with the implications of Obama's proposed executive order.

Rory Connally

The Duke| 5.3.11 @ 7:43AM

NOT TRUE!

Ray| 5.3.11 @ 12:32PM

Let's make it simple (if anything that includes the federal government could ever be called "simple"): ALL political donations must be declared, by anyone and everyone who makes them. Of course, a new federal department would have to be created to handle all those disclosure forms, but who in Big Government wouldn't like that idea?

Christian Louboutin | 6.23.11 @ 6:01AM

First, he condemned those who gave undisclosed political contributions. Next, he is taking steps to corrupt the federal contracting process and then he turned a blind eye to his former staffers' creating the means to gather and flow those same undisclosed contributions to his campaign

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