More Justice – Obama Style! – Reason #72

Only 83 Days Remaining!

EPA Threatens Couple with $75,000 per day fine

President Obama has been very clear about “inheriting” problems from the Bush Administration and has been very vocal about undoing Bush policies with which he disagrees.  When it comes to the EPA however, it appears that the Obama Administration has in some cases, put their stamp of approval on existing EPA authority, regulations and policies, or – in other cases – doubled down to give it a life of its own.

In 2007, the EPA issued a “Compliance Order” to Chantell and Michael Sackett.  This became one of the cases which the Obama Administration decided to press.

Mr. and Mrs. Sackett reportedly purchased a residential lot in a residential subdivision, where other homes were being built.  They started grading the property, when suddenly they were confronted by the EPA and Army Corps of Engineers, advising them they were building on a “wetland” and with a “Compliance Order,” telling them they “…must stop all building…restore the land to its natural state…replace and plant trees…place a fence around the land and maintain the property in a pristine condition.”[i] “The Department of Justice, on behalf of the EPA, argues that under the law there is no right to challenge “compliance orders” until they are enforced.” [ii]

As the U.S. Supreme Court heard arguments on the case in January, 2012, Justice Samuel Alito, Jr. recapped the situation, noting that the Sackett “…lot was ‘found to have a little drainage problem,’”[iii] that they were told “you have wetlands.”  “You have to let us on your premises,” “You face $75,000 in penalties” each day, you cannot challenge this in court and that if a court case does become necessary, it will not occur “until we choose.”  Justice Alito reportedly observed that the scenario described by the EPA Attorney (U.S. Solicitor General Malcolm L. Stewart) was something that would be viewed by most American homeowners as “…something that ‘can’t happen in the United States.’” [iv]

But, as we now know, anything can happen in a country where the rules are being made and enforced by the Obama Administration.   Does this provide a little peek into the future with Agenda 21?


[i] Peter Bella, (Jan. 9, 2012), The Washington Times Communities web-site, Sackett v. EPA : Supreme Court will decide property rights case, retrieved January 11, 2012 from http://communities.washingtontimes.com/neighborhood/middle-class-guy/2012/jan/9/sackett-v-epa/

[ii] Ibid

[iii] Lyle Denniston, (Jan. 9, 2012), SCOTUS Blog, A Weak Defense of EPA, retrieved January 11, 2012 from http://www.scotusblog.com/2012/01/a-weak-defense-of-epa/

[iv] Ibid

 

Justice Department? (LOL) – Reason #71

Only 84 Days Remaining!

Holder Ducks Responsibility for “Fast and Furious”

On December 14, 2010, U.S. Border Patrol Agent Brian Terry was killed in Nogales, Arizona.  Found at the crime scene were two assault rifles linked to an ATF operation in which gun dealers along the Southwest Border were encouraged by ATF agents to sell quantities of firearms “to suspected traffickers for Mexican Drug Cartels.”  The operation – called “Fast and Furious” – had begun in September, 2009, continued over the concern of agents and at least one gun dealer,[i] and had resulted in the delivery of at least 2,000 firearms to Mexican drug cartels.[ii]  A Congressional investigation into “Fast and Furious” was launched by Senator Grassley (R-IA) in Jan., 2011 and on March 3, 2011, ATF agent John Dodson exposed the operation to CBS News, saying “Now you have a name on it. You have a face to put with it.  Here I am.  Someone now tell me it didn’t happen.”[iii]

In a March 27, 2011 response on Univision, President Obama denied that he, or Attorney General Eric Holder had any knowledge of the operation.  He went on to say that:

“There may be a situation here in which a serious mistake was made and if that’s the case then we’ll find out and we’ll hold somebody accountable.” [iv]

On May 3, 2011, Attorney General Holder told Congress that he had only heard about the gun walking operation “over the last few weeks.”  But, on Oct. 3, 2011, CBS news reported on Justice Department memos to Holder mentioning the operation as early as July, 2010 – 5 months prior to the killing of Agent Terry.  While Holder did not admit this, he amended his earlier testimony during a Nov. 8, 2011 appearance on the Hill. [v]

Holder indicated during the Nov. 8 hearing that a letter from the Justice Dept. sent to Congress in February, 2011 and denying that “Fast and Furious” was a gun walking operation was inaccurate.  He also admitted that his initial testimony in May, that he had only known about the operation “over the last few weeks,” was erroneous and that he “probably could have said ‘a couple of months.’”  He was quick to add however, that trying to pinpoint the timeframe was a “distraction.”  “Distraction” is a term that has been used several times  by Obama to ward off uncomfortable questions.

Holder went on to deny seeing two memos regarding “Fast and Furious” addressed to him in July and November, 2010 – prior to Agent Terry’s murder.  He pointed out that his Dept. has more than 150,000 employees and that – at least by his standard: [vi]

“I cannot be expected to know the details of operations in the Justice Department on a day-to-day basis.” [vii]

Apparently, not even cases that involve cross border operations, international laws and treaties, intergovernmental relationships and the murder of a U.S. Border Patrol Agent.

As a result of this apparent stone walling, Eric Holder became the first U.S. Attorney General in history to be censored by Congress and now a special investigation is underway.  Meantime, Brian Terry – one of the good guys – is still dead, and our Country’s highest law enforcement officer is still thumbing his nose at Congress and by doing so – at the American people.


[i] Sharyl Attkisson, (Dec. 7, 2011), CBS News web-site, CBS Investigates, Documents: ATF used “Fast and Furious” to make the case for gun regulations, retrieved February 26, 2012 from http://www.cbsnews.com/8301-31727_162-57338546-10391695/documents-atf-used-fast-and-furious-to-make-the-case-for-gun-regulations/ and hyperlinked to article CBS News Staff, CBS web-site, “Gun walking” Scandal Timeline, retrieved February 26, 2012 from http://www.cbsnews.com/2300-31727_162-10009697.html?tag=contentMain;contentBody

[ii] Fred Lucas, (Nov. 8, 2011), CNS news web-site, No Apology: Holder Says ‘Not Fair’ to Assume Fast and Furious ‘Directly’ Led to Border Agent’s Death, retrieved February 26, 2012 from http://cnsnews.com/news/article/no-apology-holder-says-not-fair-assume-fast-and-furious-directly-led-border-agent-s

[iii] Sharyl Attkisson, (Dec. 7, 2011), CBS News web-site, CBS Investigates, Documents: ATF used “Fast and Furious” to make the case for gun regulations, retrieved February 26, 2012 from http://www.cbsnews.com/8301-31727_162-57338546-10391695/documents-atf-used-fast-and-furious-to-make-the-case-for-gun-regulations/ and hyperlinked to article CBS News Staff, CBS web-site, “Gun walking” Scandal Timeline, retrieved February 26, 2012 from http://www.cbsnews.com/2300-31727_162-10009697.html?tag=contentMain;contentBody

[iv] Ibid

[v] Fred Lucas, (Nov. 8, 2011), CNS news web-site, No Apology: Holder Says ‘Not Fair’ to Assume Fast and Furious ‘Directly’ Led to Border Agent’s Death, retrieved February 26, 2012 from http://cnsnews.com/news/article/no-apology-holder-says-not-fair-assume-fast-and-furious-directly-led-border-agent-s

[vi] Ibid

 

[vii] Ibid