YES! A Brilliant Kossak has Just Found A Way To Use the De-Fund ACORN Bill Against Repubs!

[berni_mccoy]

Apparently, Boehner was indeed concerned with the attainder issue and crafted the law a little too broadly. See: http://www.dailykos.com/story/2009/9/22/785247/-They-Want-To-Punish-ACORN-Two-Can-Play-This-Game

Not only does the Bill apply to defunding ACORN, but ANY organization that may have filed a fraudulent form with the government. They are building a list of companies that meet this criteria and it's already got several including:

- Blackwater
- RNC
- Boeing
- GE
- Haliburton
- Several Insurance companies
- Any Republican Campaign that may have filed a fraudulent form with the FEC
- Bank of America

and many others. The list is growing rapidly.

Direct link to adding companies to the list here: http://spreadsheets.google.com/viewform?formkey=dC1WUm40dWk4YnJNQl9sNWR6aHRybnc6MA

:rofl:

I'm guessing Boehner forgot who actually *enforces* the law. LOL!

On Edit: be sure to read the comments on how some of the Kossaks are backing up their nominations with the actual fraud committed by these companies.

[Dogmudgeon]

1. The Boehner Boner Bill

Me like.

--d!

[Nuclear Unicorn]

2. It should be universal

k&r

[elocs]

3. Yes, the Law of Unintended Consequences bites another ass. n/t

[Jetblac]

4. LOL

hahahahahahahaha!
this is going to go away so fast

[Kajsa]

69. Welcome to DU!

:hi:

[ZombieHorde]

74. Welcome to DU!

[damntexdem]

5. So being indicted, even if not convicted, even if acquitted, means the ban applies.

And anyone who was indicted, even if acquitted, can never be employed by (nor even contracted by) any employer that wishes to receive federal funds:

"(4) Any organization that--

(A) employs any applicable individual, in a permanent or temporary capacity;

(B) has under contract or retains any applicable individual; or

(C) has any applicable individual acting on the organization's behalf or with the express or apparent authority of the organization....

(3) The term `applicable individual' means an individual who has been indicted for a violation under Federal or State law relating to an election for Federal or State office."

[Winterblues]

10. Congress is an Organization isn't it?

I am not sure if Corporations are considered "Organizations"..

[BR_Parkway]

25. So a Congressman who filed a false statement of their campaign finances

would be denied a paycheck? Or their Health Benefits? No Federal Funds can be expended - Absolutely Fucking Priceless!

[moonbatmax]

45. Don't cheer too quickly.

I suspect Congress is still exempting itself from any law that might otherwise inconvenience it.
Having been alerted to the potential boondoggle, assuming they pass it at ALL, they'll be sure
to exempt themselves, and, who knows? Maybe they'll find some clever way to exempt the majority
of those contractors who might otherwise get caught up.

Always a way...

[Downwinder]

52. How about retirement funds?

[JDPriestly]

46. I wonder whether this will affect the military recruitment.

Doesn't the military permit reformed juvenile offenders to enlist? Am I wrong on this?

Last year, the Army let in some 511 recruits that required a conduct waiver for felony crimes. Some of those felony crimes include:

-- A 12-year-old, "trying to mimic a bee keeper using smoke to calm down bees in a hive," lit a bee hive on fire, which caught the tree on fire, which then burned the siding of a house. Because of the classification of arson as a felony, he must get a waiver.

-- A 13-year-old male was arrested after school officials discovered a letter that contained anti-Semitic comments, purportedly written by the subject. It was later determined that the subject's twin brother had written the letter, but only after the adjudication of the offense.

-- A 14-year-old male was charged for having consensual intercourse with his 14-year-old girlfriend.

-- A 14-year-old male was driving his parent's automobile without their knowledge. A friend, riding on top of the car, was thrown from the roof of the vehicle. He later died from his injuries. The driver was convicted of vehicular manslaughter.

http://www.army.mil/-news/2008/05/05/8983-army-has-not-lowered-soldier-recruiting-standards/

[kristopher]

6. I wonder if there is a database of whistleblower cases?

I think we need an outstanding legal researcher involved.

[Soylent Brice]

7. heh heh heh...

K&R

[struggle4progress]

8. I don't think Boehner's bill is the one reported as passing: it's still in the Committee

on Oversight and Government Reform, isn't it?

[berni_mccoy]

19. I believe the language of that Bill was tacked onto another bill as an amendment.

[struggle4progress]

21. Are you thinking of the JOHANNS amendment to H.R.3288? That's not Boehner's language:

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=6602228&mesg_id=6603100

[struggle4progress]

26. Maybe you are right. In H.R.3221:

... 9/17/2009 1:37pm:
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3221.
9/17/2009 1:38pm:
The previous question was ordered pursuant to the rule. (consideration: CR H9699)
9/17/2009 1:38pm:
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR 9/16/2009 H9604-9624)
9/17/2009 1:40pm:
Mr. Issa moved to recommit with instructions to Education and Labor. (consideration: CR H9699-9701; text: CR H9699)
9/17/2009 1:41pm:
DEBATE - The House proceeded with 10 minutes of debate on the Issa motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House with an amendment to prohibit federal funds from certain indicted organizations.
9/17/2009 1:46pm:
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H9700)
9/17/2009 2:05pm:
On motion to recommit with instructions Agreed to by recorded vote: 345 - 75, 2 Present (Roll no. 718).
9/17/2009 2:06pm:
H.AMDT.447 Amendment (A024) offered by Mr. Miller, George. (consideration: CR H9701)
An amendment offered by Mr. George Miller (CA) to prohibit federal funds from certain indicted organizations.
9/17/2009 2:07pm:
H.AMDT.447 On agreeing to the Miller, George amendment (A024) Agreed to by voice vote.
9/17/2009 2:15pm:
On passage Passed by recorded vote: 253 - 171 (Roll no. 719) ...

<CR Page: H9701 House of Representatives - September 17, 2009>
TITLE VI--DEFUND ACORN ACT
SECTION 601. SHORT TITLE. This title may be cited as the ``Defund ACORN Act''.
SEC. 602. PROHIBITIONS ON FEDERAL FUNDS AND OTHER ACTIVITIES WITH RESPECT TO CERTAIN INDICTED ORGANIZATIONS.
(a) Prohibitions.--With respect to any covered organization, the following prohibitions apply:
(1) No Federal contract, grant, cooperative agreement, or any other form of agreement (including a memorandum of understanding) may be awarded to or entered into with the organization.
(2) No Federal funds in any other form may be provided to the organization.
(3) No Federal employee or contractor may promote in any way (including recommending to a person or referring to a person for any purpose) the organization.
(b) Covered Organization.--In this section, the term ``covered organization'' means any of the following:
(1) Any organization that has been indicted for a violation under any Federal or State law governing the financing of a campaign for election for public office or any law governing the administration of an election for public office, including a law relating to voter registration.
(2) Any organization that had its State corporate charter terminated due to its failure to comply with Federal or State lobbying disclosure requirements.
(3) Any organization that has filed a fraudulent form with any Federal or State regulatory agency.
(4) Any organization that--
(A) employs any applicable individual, in a permanent or temporary capacity;
(B) has under contract or retains any applicable individual; or
(C) has any applicable individual acting on the organization's behalf or with the express or apparent authority of the organization.
(c) Additional Definitions.--In this section:
(1) The term ``organization'' includes the Association of Community Organizations for Reform Now (in this subsection referred to as ``ACORN'') and any ACORN-related affiliate.
(2) The term ``ACORN-related affiliate'' means any of the following:
(A) Any State chapter of ACORN registered with the Secretary of State's office in that State.
(B) Any organization that shares directors, employees, or independent contractors with ACORN.
(C) Any organization that has a financial stake in ACORN.
(D) Any organization whose finances, whether federally funded, donor-funded, or raised through organizational goods and services, are shared or controlled by ACORN.
(3) The term ``applicable individual'' means an individual who has been indicted for a violation under Federal or State law relating to an election for Federal or State office.
(d) Revision of Federal Acquisition Regulation.--The Federal Acquisition Regulation shall be revised to carry out the provisions of this title relating to contracts.
AMENDMENT OFFERED BY MR. GEORGE MILLER OF CALIFORNIA

[robinlynne]

35. and Acorn has not been indicted at all.

[JDPriestly]

47. What does this mean for organizations that hire homeless ex-felons?

This is absolutely cruel -- beyond inhuman.

[FBaggins]

61. Should the powder have been kept dry

until it passed?

Now they can "fix" it.

[berni_mccoy]

65. "Fixing" it isn't an option. It's passed both House and Senate. It goes to Conference now

The problem is, they are limited in what they can change in Conference. This is where differences in the bills are reconciled. There are no differences in the language of the amendment (remember, they hurried to get this added, so they recycled it). Repubs can ask the Dems to try to Kill the Bill, making it go back to the House and Senate all over again, which Dems aren't likely to do as this is would hold up needed budget money. Furthermore, killing it for these reasons would look extremely bad politically.

And Congress knows about this now. That's why the rep is asking for people to submit organizations that meet the criteria.

[dixiegrrrrl]

9. Is this a BILL or a LAW, at present?

the story says it passed both House and Senate.
Did the President sign it?

[Proud Liberal Dem]

11. Good question

I wonder if Obama WILL sign it? Or is this one of those "poison pill" provisions that the Pubs inserted and will be hard to workaround? :shrug:

[Eric J in MN]

13. Not law yet.

http://www.cnsnews.com/news/article/54379

"The bill must now pass the Senate before being sent to conference, where both houses must agree on it before sending it to President Barack Obama for his signature. If Obama signs the final bill with Issa's amendment in it, providing federal funding to ACORN will be prohibited. If the ACORN amendment is stripped out either in the Senate or in conference, it will not become law."

You can sign a petition in support of ACORN and a message will be sent to your Congressperson:
http://salsa.wiredforchange.com/o/2749/t/4433/petition.jsp?petition_KEY=676

[Proud Liberal Dem]

22. Thanks for the update and linky!

:hi:

[berni_mccoy]

12. Bill. It has not been signed that I am aware of.

[Blue Meany]

14. Is Dick Cheney an organization? n/t

[Kaleko]

15. The HuffPo article cited in the Kos piece has more info.

Whoops: Anti-ACORN Bill Ropes In Defense Contractors, Others Charged With Fraud
by Ryan Grim

--snip--

The congressional legislation intended to defund ACORN, passed with broad bipartisan support, is written so broadly that it applies to "any organization" that has been charged with breaking federal or state election laws, lobbying disclosure laws, campaign finance laws or filing fraudulent paperwork with any federal or state agency. It also applies to any of the employees, contractors or other folks affiliated with a group charged with any of those things.

In other words, the bill could plausibly defund the entire military-industrial complex. Whoops.

Rep. Alan Grayson (D-Fla.) picked up on the legislative overreach and asked the Project on Government Oversight (POGO) to sift through its database to find which contractors might be caught in the ACORN net.

--snip---

Reps. John Conyers (D-Mich.) and Barney Frank (D-Mass.) sent a letter to the Congressional Research Service on Tuesday asking it to clarify, among other things, if the Defund ACORN Act is constitutional.


Read more at: http://www.huffingtonpost.com/2009/09/22/whoops-anti-acorn-bill-ro_n_294949.html

[tosh]

16. Alan Grayson never ceases

to delight me.B-)

[dysfunctional press]

17. think of the money this is going to save the taxpayers.

it may mean the death of the military-industrial complex. :patriot:





:sarcasm:
as if...

[myrna minx]

18. Hahahaha. n/t

[Howardx]

20. as with most front page stuff on dkos

they lifted it from somewhere else.

http://www.huffingtonpost.com/2009/09/22/whoops-anti-acorn-bill-ro_n_294949.html

[rd_kent]

28. Your point? He credited Huffpo in the piece.

[Howardx]

31. my point is...

the dkos front pagers regularly lift stuff from dkos diarists or other outlets and present it as their own.

[annabanana]

55. The name of the game is SPREAD THE INFO. . . not "credit,

credit, who gets the credit."

[Howardx]

68. whatever

you might feel differently after someone pinched your work and claimed it as their own.

[Howardx]

32. dupe

[berni_mccoy]

30. He credited it and gave it much more exposure to an activist group.

[BlooInBloo]

41. "As Ryan Grim reports on HuffPo today..." and linked. Sheesh.

[proud2BlibKansan]

23. !!

[DCKit]

24. That list could be the key to funding Medicare 4 All.

I'm sure that's exactly what Boner (R)-Oompah Loompah was intending - in honor of good ol' Willy Wonka.

[votingupstart]

27. very interested to see where this goes n/t

[DearAbby]

29. Boehner is gonna need some

well sealed Shit-waders, say..........up to his hips. :rofl:

[BanzaiBonnie]

56. Oh, at first glance I thought you wrote LIPS

sealed Shit-waders up to his lips. :bounce:

[Emit]

33. Holy Shmoly! Look what this guy just posted over as Kos on that thread!

Federal Contractor Misconduct Database: http://www.contractormisconduct.org/

posted by buddabelly:

Dyncorp

Lockheed

Blackwater/Xe

uh oh, I hit the motherload. Database on government contracting fraud. many many Defense contractors listed, hehe

http://www.contractormisconduct.org/

Excellent resource!

[berni_mccoy]

34. Some corporate Execs are reading this thinking... Et Tu Boehner?

[zeemike]

38. no I think they are laughing....

They will tell you they are a person not an organization and so this does not apply to them.
They have a supreme court ruling on their side.

[JDPriestly]

48. What was the pharmaceutical company that just plead and settled

with an agreement to pay some astronomical amount of money?

[Emit]

70. Pfizer?

Top aides in the Obama administration announced a $2.3 billion settlement on Wednesday with the pharmaceutical giant Pfizer Inc. over the company’s illegal promotion of its now-withdrawn painkiller, Bextra...

http://www.nytimes.com/2009/09/03/business/03health.html?adxnnl=1&exprod=myyahoo&adxnnlx=1253714422-rjbiejrW2nLNVYesJE09Rw

[Historic NY]

51. gold mine, the mother lode!

[robinlynne]

36. This is just SO fantastic!!! Diebold, ES&S!!!

of course, it cannot be constitutional because anyone can be indicted of anything and you can NOT infer guilt from an indictment...
and yet the house and the senate passed it. amazing.

[Turborama]

37. K&R Thanks for the heads up, Berni. I'm over to Kos to help out. n/t

[Roland99]

39. Good luck getting the Dems in Congress to do anything on this, though.

I won't be holding my breath.

[grahamhgreen]

40. If ACORN is defunded for what 6 employees did; THEN BLACKWATER should be defunded, as well. Oh crap!

Weeeeee!

Let's make it headlines!

[wroberts189]

42. proud to be 99+ nt

[BREMPRO]

43. it would be poetic justice that in there rush to de fund acorn, Boner and co. opened

up pandora's box on the multiple frauds of the likes of halliburton,blackwater, insurance co's and allow the congress to de fund them at will and stop this outsourcing public funds for republican political favors and contributions madness.

[laughingliberal]

44. This is the coolest thing I've read in a long, long time

:bounce:

Wonder if Medicare fraud counts? That would snare Bill Frist's company, HCA. Convicted of the largest Medicare fraud in history.

[Downwinder]

54. How about Utility companies? PG&E comes to mind.

[NewJeffCT]

58. PG&E just quit the US Chamber of Commerce

because the RW Chamber is opposed to efforts to fight global warming.

[pundaint]

49. Give Boehner a break

Republicans haven't been participating in lawmaking in a while. He was probably a little rusty.

[SpiralHawk]

50. But...Republicons are 'special'

They don't feel they need to follow rules designed for the Little People

[BlueMTexpat]

53. Day-um!

I accidently hit the "unrecommend" button.
Mea culpa, but I REALLY meant to recommend.

[Downwinder]

57. Would a False Arrest charge remove funding from a city or state? n/t

[BluDemocratGirl]

59. Now, you RePUKES! You gotta get ready for the big payback!

That includes you, John Bonehead!

[rasputin1952]

60. Finally, a Fiscally Responsible Republican! Looks like the entire

country will grind to a halt while this idiot pursues the jihad against ACORN.

How many physicians and hospitals that defraud Medicare will be caught in the net?

How many faith based entities will be caught up?

The entire Pentagon Budget will be under review.

Insurance companies, banks, and a host of other entities will go down the tubes.

Hell of a way to get a balanced budget, but we would actually have a HUGE surplus!!!

[berni_mccoy]

66. They handed Democrats and Obama a gift for sure.

[lamp_shade]

62. I'm counting on Barney Frank to give this some attention on the house floor.

[tclambert]

63. Can we cancel Bush's pension?

[fasttense]

64. Kick

:kick:

[Douglas Carpenter]

67. kick and recommend!!

[valerief]

71. Love it!

:applause:

[SlingBlade]

72. :)

[havocmom]

73. 'Whaddabout Blackwater/Xe?' was the first thing said here when they defunded ACORN

This needs long, fast legs.

[Uncle Joe]

75. Kicked and recommended.

Thanks for the thread, berni.:thumbsup:

[Liberal In Texas]

76. YAY, ya got a big mention on Thom Hartman's show for this post!

[beac]

77. Genius! Hope someone sent this to Keith or Rachel. n/t

[winyanstaz]

78. bwhahahaha....thanks! you have just made my day!!