HHS to Issa: We Won't Comply With Your Subpoena - We Don't Trust You

Origanalist

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The latest middle finger from an increasingly lawless and desperate administration. I'm not a lawyer, but I'm fairly confident that "we don't think much of you" is an acceptable reason to ignore a Congressional subpoena:


The Health and Human Services Department told House Oversight and Government Reform Committee Chairman Darrell Issa that it won’t turn over documents related to the security of the Healthcare.gov website because it can’t trust him to keep secret information that could give hackers a roadmap to wreak havoc on the system. Issa has issued a subpoena to MITRE, a government contractor, to turn over unredacted copies of security-testing documents by noon Friday. At issue are website development plans MITRE drafted for the Centers for Medicare and Medicaid Services, which is under HHS.

Already, Issa has been given access to the documents he seeks “in camera” — meaning committee staff were able to review them in a room but not keep them — but he is seeking physical copies...Administration officials worry that Issa intends to put them in the public domain, which Esquea argues could compromise the security of the site...While agency letters to Capitol Hill tend to be very deferential, Esquea’s did little to veil the administration’s feelings about Issa’s trustworthiness.


The website is secure, they insist, but they won't corroborate that claim with evidence because Darrell Issa might leak the truth to the public -- a public, incidentally, that is being urged by the government to enter their sensitive personal data into online state and federal systems that have been breached more than once. They warn that potential Issa leaks would jeopardize Healthcare.gov's security, which is currently in strong shape.

Just trust them -- and ignore admonitions from IT security experts. What these Obamacare officials fail to understand is that for many Americans, it's their trustworthiness that's in question, not Issa's. Meanwhile, Yuval Levin agrees with my conclusion that the administration's flurry of eleventh-hour delays, changes, and "suggestions" to insurance companies are strong indicators that the White House is petrified of what's coming next month:

To “strongly encourage” insurers to take these kinds of steps (to use the Orwellian phrase of the HHS announcement), and to do it just a couple of weeks before the new system is supposed to start, suggests that the administration’s health experts mapped out how January is shaping up and had a collective heart attack. They seem especially worried about people forced out of old coverage and into new encountering horrible surprises and about the extremely low payment rate so far among people who have chosen new insurance plans on the exchanges.

About two weeks before the deadline (after which, if they have not paid their first premium, people’s coverage will be voided) it looks like only about a fifth of the people who have signed up for exchange coverage have paid their first premium. If far more don’t do so soon, the (already very low) enrollment numbers the administration is looking at will fall far, far lower...The steps announced yesterday aren’t directed at that forthcoming problem, but, as usual, at far more immediate concerns.

My guess, and it is just that, is that the administration has taken these steps because their internal projections at this point suggest some kind of disastrous replay of the politics of October and November in January, and this time they are intent on getting people to blame the insurers instead of the administration. I think that’s very unlikely to work, but it’s not hard to see why they would be desperate to try.


Yes, good luck with that. The Washington Post runs through the slap-dash nature of these new delays and highlights a backlog problem that is gumming up the works:

Health officials have not decided, however, exactly how people would be able to request such extra time, whether they need to ask before the Dec. 23 deadline, and the precise circumstances under which HHS would grant an extension...


Those seem like rather important details, no? We're ten days away from that deadline. Back to the Post:

[A CMS official] and the other individual familiar with the system said that some of the 50,000 to 60,000 applications have not been completed because consumers did not provide all the required information, and workers from the outside company, Serco, have been unable to reach them by phone to fill in the blanks.

In other instances, paper applications were placed on hold until last week because parts of the online system needed to answer eligibility questions were not working well enough...Besides the applications in the backlog, about 100,000 paper applications have been processed, but those consumers were not told of the results until recently.

The applications are supposed to be mailed notification letters, but none were mailed out until recently and the vast majority still have not. As a result, officials said, Serco workers last week tried calling the roughly 100,000 people to inform them of the eligibility decision and urge them to go online to sign up. It is not clear how many they were able to reach.


So thousands of people who submitted paper applications aren't enrolled in coverage because their forms were somehow flawed or incomplete. Some unknown percentage of this group aren't aware of this fact. As for those who correctly filled out their applications, the "vast majority" of them still haven't received a letter from Obamacare notifying them of their subsidy eligibility status.

That's because the "vast majority" of those letters still haven't been mailed. I repeat: The deadline is in ten days. As for HHS' assertion that "many insurers do retroactive coverage in the current market," health insurance expert Bob Laszewski responds, "I don't know that the hell they're talking about." Laszewski also says he thinks fewer Americans will have insurance on January 1 than did prior to the law's enactment. Think about that. Feeling better yet, America?

I'll leave you with three quick hits: (1) An essay on why Obamacare will, in fact, exacerbate America's doctor shortage, (2) a new Reason-Rupe poll showing that by a 21-point margin, Americans would prefer to return to the country's pre-Obamacare health system, and (3) my appearance on Fox News this afternoon. Topic? President Obama's big prize:



Links at OP

http://townhall.com/tipsheet/guyben...r-subpeona-because-we-dont-trust-you-n1762733
 
So, will we see a perp walk for contempt? HA! I think not.
 
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Sorry, Mr. Issa. If you would like information on Affordable Care Act programs, please try our helpline instead at 1-800 F1U-CKYO
 
No one government has to comply with laws... only dumbass poor peon-mundanes.

Fuck these criminal thieving hypocrites.
 
The notion of Congressional "oversight" is an utterly pathetic joke. It's just a dog-and-pony show put on to make the public (and naive Congressmen) think they're in charge. They are not.

One or two big-cheese bureaucrats may occasionally be sacrificed upon the altar of public opinion (for the sake of "keeping up appearances") - but the executive agencies themselves are essentially untouchable powers-unto-themselves. The Courts and Congress are basically just elaborate facades. In fact, even the top-level of the Executive (i.e., the White House administration) is really only a veneer - it's just an ever-spinning merry-go-round with a four-to-eight year cycle. The United States is a nation run by largely nameless, faceless & unaccountable bureaucrats. (Professional lobbyists know this. That is why they generally don't waste their time running for public office when and if they want to become part of the "official" government. Instead, they seek appointment to where they know the real power lies - the various executive & regulatory bureaucracies.)

This is one of the reasons why electoral politics (qua legislative contra educative) offers so little real opportunity to effect serious or significant change. Ultimately, it is just so much "sound and fury, signifying nothing." All the Congressional hair-pulling & chest-thumping over things like Benghazi, the IRS Tea Party scandal, NSA surveillance, the government "shutdown," Obamacare, etc., etc. etc. (including the story in the OP) are just illustrations of this fact.

If there is any hope for real change, it will NOT come from legislative endeavors. Even if they are "successful" (in terms of somehow getting passed or enacted), they will only be watered-down by the legislative, unenforced by the executive, overturned by the judicial and/or simply ignored by the bureaucracy. Real change can only come when and if a sufficient number of people who are NOT in the government (that is, NOT in Congress, NOT in the Oval Office, NOT on the bench/SCOTUS, etc.) finally get fed up enough to openly denounce - or better yet, actively repudiate - federal authority. Until then ... no dice.

This doesn't mean that nothing of value is to be had from engaging in electoral politics at the federal level. It just means that those who are pinning their hopes on Rand, Amash, Massie, etc. legislatively "restoring Constitutional governance" or "smashing the state" are setting themselves up for a lot of frustration and bitter disappointment. The value of Rand, Amash, Massie, etc. is not to be sought in the prospect of them Mosaically "legislating" us into freedom, but rather is to be found in the highly-public and socially-visible rallying points they provide for spreading & promoting popular discontent with the status quo. For example, this is why I am glad for Rand's elocutions on the subject of foreign policy, even though I hate that he is not nearly as non-interventionist as I would like. Whether he means to do so or not, by shifting the terms of debate to a significantly less interventionist position, he is providing an opportunity for us more "radical" non-interventionists to have our case heard and be taken seriously (and perhaps even adopted) by many more people.

Anyway, I guess I've rather strayed from the thread topic. I just wanted to justify, explain and qualify the pessimism I expressed in the earlier paragraphs of this post. To circle back to the original subject: I am sure the HHS's contempt for Congressional authority surprises no one around here. But it is important to realize that this contempt is an expression of a much greater and more serious problem than just that of some random, truculent bureaucrat. The executive bureaucracy in this country has never faced anything even remotely approaching an "existential threat." If it ever does - if any of "our guys" (Rand, Amash, etc.) ever really is in a position to actually do something serious - the 4th & most powerful branch of the U.S. government will bare its fangs and do a hell of a lot more than just hiss and spit at a few random Congressmen like Issa ...
 
Can they not have the relevant people at HHS arrested? Can they not obtain a warrant and seize the documents?

Seriously - If I fart without permission, a 12 man entry team mows down my door, shoots my dog, drags my screaming and terrified children off to God-doesn't-even-know-where, cavity searches my wife (those are NOT erections... move along), knocks my teeth out, tells me I'm lucky to be alive, and takes what they want including my stash of silver and gold.

Are we to believe that a Congressional committee is impotent to force the delivery of documents to which they have a clear right?

GTFO.
 
Can they not have the relevant people at HHS arrested? Can they not obtain a warrant and seize the documents?

Seriously - If I fart without permission, a 12 man entry team mows down my door, shoots my dog, drags my screaming and terrified children off to God-doesn't-even-know-where, cavity searches my wife (those are NOT erections... move along), knocks my teeth out, tells me I'm lucky to be alive, and takes what they want including my stash of silver and gold.

Are we to believe that a Congressional committee is impotent to force the delivery of documents to which they have a clear right?

GTFO.

Aforesaid goon squads are all under authority of the executive - as is HHS. The legislative has no such enforcement arm.

To paraphrase another overweening president: "Congress has issued its subpeona ... now let us see them enforce it!"

In other words: "Congress ... and whose praetorians?" The Roman Senate was as helpless under the Caesars.

Let us not delude ourselves otherwise. Plus ça change ...
 
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Isn't it ironic that the government doesn't trust the government? I'm guessing that they're catching on to what we all know.
 
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