SENATE JUDICIARY: To Document Or Not To Document - That Is The Census Trafficking Tiny Humans Global Expansion Question

Grassley is calling out re-cycling of children at the border.

These agencies like Bethany Christian and Samaritas, get big money in re-cycling.

We need a cyberwall like the Vatican has.

Diane Feinstein is upset about border children being snatched from parents, where the children are put in state custody, sleeping on floors, dirty, hungry, but not once did she ask about foster care and adoption, where the same thing has been going on since we founded this great nation.

Priorities.

These people want to start issuing the latest and greatest Social Impact Bond..Baby Bonds.

Who said databases do not exist to be sold?

Foreign entities tried crowdsourcing to construct para-military instillations.

There are tens of thousands of chattel being ranched in the antiquated DHS human containment system.

But, however shall congress fix the border?

Have no fear, the christians are here!

Happy Residuals Of The Peculiar Institution Month! - Bethany Christian Joins Up With UNICEF To Re-Engineer The African Slave Trade - The Children's Christian Crusade For More Orphanages

In honor of Juneteenth, the U.S. celebrates, well, not really because the majority of Americans have no idea of what it means, the emancipation of slaves with the signing of the Emancipation Proclamation.

According to Wikipedia:

Juneteenth, also known as Juneteenth Independence Day or Freedom Day, is an American holiday that commemorates the June 19, 1865, announcement of the abolition of slavery in the U.S. state of Texas, and more generally the emancipation of enslaved African Americans throughout the former Confederate States of America. Its name is a portmanteau of "June" and "nineteenth", the date of its celebration.[1][2] Juneteenth is recognized as a state holiday or special day of observance in 45 states.[3]

But slavery was never abolished because of the Exception Clause, or rather the word "except".


We need a more sustainable solution to the global orphan crisis

A toddler orphaned in the recent earthquake props himself against a
couch as he practices walking, inside one of several dozen homes for orphans
at SOS Children's Village, outside Port-au-Prince, Haiti.
Wednesday, April 14, 2010.

I understand why people think orphanages effectively address the global orphan crisis. According to UNICEF, there are around 140 million orphans currently in the world. And orphanages can provide a place where children are safe with basic needs met. They have toys, clothing and shelter. They go to school. They sometimes have a swing set.

This is from the reference to UNICEF:

In keeping with this and the agency’s commitment to adapt to the evolving realities of the AIDS crisis, UNICEF commissioned an analysis of population household surveys across 36 countries. Designed to compare current conditions of orphans and non-orphans, the global analysis suggests we should further expand our scope, focusing less on the concept of orphanhood and more on a range of factors that render children vulnerable. These factors include the family's ownership of property, the poverty level of the household, the child’s relationship to the head of the household, and the education level of the child’s parents, if they are living. In UNICEF’s experience, these are the elements that can help identify both children and their families – whether this term includes living parents, grandparents or other relatives – who have the greatest need for our support.

Orphanages allow loving, well-intentioned people to see the direct results of their donations and their work in a tangible way. But are they what’s really best for children? Decades of research tells us no.  It’s time to change how we respond to the Global Orphan Crisis. First, we need to understand that in many ways it’s not an orphan crisis, but an “orphanage” crisis, and in order to usher in real change, we must start to visualize a solution that doesn’t have four sturdy walls:

Families.

Forced migration.

Human trafficking.

Orphanages, however loving and compassionate the staff, founders and surrounding community, are not adequate substitutes for real families. Studies have shown that institutional care – like orphanages - affects the way a child’s brain develops, causing dramatic developmental delays and even stunts physical growth; institutionalized children average 1.0–1.5 standard deviations below the mean for parent-reared children with respect to physical growth and behavioral and mental development. In fact, decades of research have shown us how children’s brains develop differently when affected by abuse and neglect. This changes how children form relationships and limits their ability to attach to others.

Orphanages are human plantations, warehouses of god, complete with a recordkeeping database of legacies, created by christian missionaries to "Salvage the Souls" by "Saving the Savages" by indoctrinating the society to the socioeconomic system of the tax exempt god.

If parents are humans, where humans are carbon. and climate change is about reducing carbon, would that then be one reason behind the need for more orphanages?

Then, there is the logistical issue of a few workers caring for many children. Young children are hardwired to need more than just food and water—they need attention and touch and positive affirmation from a consistent and present role model. Even the most good-hearted orphanage employees cannot possibly fulfill these emotional needs to a large group of children in a truly satisfactory manner. Groups of well-intentioned youth groups and church volunteers can also not meet these needs for children.  Everything about growing up in an orphanage has life-altering consequences.

There are opportunities, already laid out in this World Bank video.

Think about your own family. If something awful were to happen, you wouldn’t want your child would go to an orphanage. Not even one with toys, a school and a swing set.

Parents in the United States often make arrangements for their children to live with relatives should anything unexpected happen, and when that’s not an option, we rely on foster care. By the 1950s, more children lived in foster homes than in orphanages in the United States. Today, U.S. orphanages have largely disappeared with foster care taking their place.

According to UNICEF data, an estimated 90 percent of “orphaned” children around the world actually have at least one living parent. Some parents surrender children to an orphanage because an extenuating circumstance – poverty, illness, regional violence, war or displacement – leads them to that point. If my child is in an orphanage, they think, at least they’ll eat. At least they’ll have a chance to go to school. At least they’ll have a chance at life.

For parents facing desperate options, poverty, the orphanage down the road that promises food and education becomes a good option and surrendering that child is the loving choice. They see it as the best option – or, often, their only option – for their child’s survival or education.

Poverty should never be a reason to place a child in an orphanage but it is andthere is nothing anyone can do about it – orphanages were never made to meet this need. They were once necessary in the midst of large-scale crises, like the HIV/AIDS crisis, that took the lives of entire villages. But now, orphanages should be a last resort, because there is a better way: Family-centered, individualized care.

Foster care that has been contextualized to function effectively in developing countries should be the alternative to orphanages. It’s time to change our understanding of orphanages to reflect the fact that most of the children in them are not actually orphaned.  The majority of children in orphanages worldwide have one or two living parents. Family preservation and family strengthening programs, like temporary foster care, should replace orphanages and be offered to help assist parents thrive and remain together with their children.

No. It is human trafficking. 

Stealin'.

Christians who feel strongly the biblical call to care for the widow and orphan, and who have led the missions work to build orphanages in the past, are uniquely qualified to lead a movement of change within the Western Church.  It is time to stand against orphanage-based care and instead support local, community-based foster care around the world. Foster care was the right decision in the U.S. in the early 1900s and it’s the right decision now on a Global stage.

Of the past????

Girlfriend. That is called the residuals of the peculiar institution.

Like human trafficking?

But the Global effort must foremostly empower the local leaders and social work professionals to lead the change in their own communities. At Bethany, our goal with sharing a foster care blueprint is always to make sure our presence is temporary and that we ultimately are able to step away and let local governments and community-based organizations take the reins. This ensures quality family-based care and support services are sustainable and tailored to every community’s particular needs.

Do your understand you are promulgating human trafficking?  No, seriously, you actually published this into the public record. You need to re-read this, with your eyes closed, and think of yourself as a parent who has had their child snatched from their arms, based upon an anonymous call.

A family setting best supports a child’s spiritual, physical, psychological, social, and emotional needs. I urge Christians, churches and global outreach organizations across the U.S. during this National Foster Care Month to help us in this movement to support families, reunify children in orphanages with their families and establish foster care systems around the world, because every child is made in the image of God, and each of them matters.

Fuck you.

#Time2AuditGod

Voting is beautiful, be beautiful ~ vote.©

Cocktails & Popcorn: Bill Barr Testifies On Mueller To Senate Judiciary - Nadler Still Hospitalized - Trump Wishes Him Well - Livefeed Cuts To Houston Police Chase

First, this happened:

Criticism punctuates Nadler's leadership of Trump probe

Then, this happened:

Trump made get-well call to Jerry Nadler in hospital

Then this happened:

And all Judiciary Jolly Jerry had to do was to #sayhisname.

Then, somewhere during the course of this recorded testimony, the livefeed drops, causing the network to go over to a live police chase in Houston.

I wonder how that happened.

That means the public has no idea of what Barr said in the Senate Judiciary Committee.

#needmorechaos

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SENATE JUDICIARY: Hearing On Why Foreign Stealin' U.S. Intellectual Property Is So Easy - Detroit Patent & Trademark Office and Federally Funded Gerrymandering in Child Welfare

It is really easy to steal intellectual property from the U.S. because we created the system.

Grassley knows about stealin' as it is his legacy in the False Claims Act.

Stealin' intellectual property from the U.S. by foreign actors is so easy is three-fold:

1. The U.S. has to import its intellectual resources in foreign students with full tuition through various federal programs like H1B, because most U.S. students cannot get into higher educational programs because K12 sucks, poverty has a substantial impact on learning; and, Mummy & Daddy like to steal from federal housing programs from "The Poors", like those Haiti NGOs and TARP.
2. The U.S. Patent and Trademark Office first satellite is in Detroit, where the culture of stealing' the children, the land and the votes, is a global way of life.
3. Foreign interests can use U.S. DHHS grants, or false claims to Medicaid, to pay for their private investments R&D using kids as human lab rats and not get caught.

They are talking about DHHS subrecipients, yet fail to say "subrecipients".

NIH and DHHS are looking at internal controls of referrals in audits of taxpayer research?

What inner controls?

You have to have inner controls before you look at them.

Just as Jerry Milner.

Duh.

The witnesses are lyin' & stealin' because they refuse to address say a single word about fraud.

Now, you do not have to watch the hearing.

The following are transposable data models, funded through U.S. DHHS grants, for the purposes of stealin' the children.....

Miami - Dade County Florida Developing the Five Year Plan for the Prevention of Child Abuse, Neglect, and A... by Beverly Tran on Scribd

The, they hire those foreign students to use the DHHS Medicaid paid research for stealin' the land...

Little HaitiCommunity Needs Assessment:Housing Market AnalysisDecember 2015 - TARP (author is Marie Llcheva.)

And finally, those foreign students who are hired into federal government, turn around and federally contract with fake ass LLCs, to run child welfare money laundering operations, originating in DHHS grants, to fund political campaigns in highly sophisticated financial fraud schemes for the purposes of redistricting.

If you do not live there, you cannot send your children to school there, and neither can you vote there.

http://www.dadeschools.net/schoolboard/districts/index.asp

Voting is beautiful, be beautiful ~ vote.©

Cocktails & Popcorn: Grassley Tells Media, "The Jig's Up"

Chuck Grassley

#perkinscoiesucks

Voting is beautiful, be beautiful ~ vote.©

JUDICIARY: Jolly Jerry Is Not Jolly - The Barr Condensed Mueller Report Letter Is Out - Which Cities Have The Grand Juries?

Jerry is not Jolly.

Jolly Jerry was mean to my Sweetie.

Now, Jolly Jerry has Saddy Face.

Jolly Jerry knows how the federal grand jury process plays out when it comes to sealed matters.

Tsk, tsk.

Now, which Michigan cities have ongoing grand juries for the last 2 years?

Notice I did not ask about the grand juries in Arkansas, Texas, Florida, New York, Virginia, California...

Oups, j'ai dit une bétise!

#perkinscoiesucks

Special Counsel Mueller worked for 22 months to determine the extent to which President Trump obstructed justice. Attorney General Barr took 2 days to tell the American people that while the President is not exonerated, there will be no action by DOJ.

— (((Rep. Nadler))) (@RepJerryNadler) March 24, 2019

U.S. Attorney General Letter to House and Senate Judiciary Committees - 3-24-2019 by Beverly Tran on Scribd

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Chuck Grassley & His FARA Legacy In Voting Rights

If the Green initiative NGOs have to register as foreign agents, well, that means the Religious initiative NGOs have to register, too.

And so do the Media, main stream and social have to register because they all fund political campaigns.

I feel his passion.

Environmental group may have to register as foreign agents

U.S. environmental activists who are working to halt the production and use of fossil fuels could be required to register as foreign agents if Congress gets serious about enforcing an existing law.

There was some potential movement in that direction last October when Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, introduced legislation that would put some teeth into the Foreign Agents Registration Act. The law, which was first passed in 1938, calls for individuals and organizations to provide full disclosure when they are working to advance the public policy interests of a foreign government.

As the Washington Examiner has reported, Grassley’s proposed legislation would close off an exemption that has allowed lobbyists for foreign interests to avoid registration while providing the U.S. attorney general with additional authority to conduct investigations.

While the media remains largely focused on ongoing investigations into allegations of Russian interference in the 2016 campaign, the connection between Vladimir Putin’s government and U.S. environmental groups deserves more scrutiny.

Klein Ltd., a Bermuda-based shell corporation run by executives with strong ties to longtime Putin friend Leonid Reiman and Russian energy investment groups including Firebird New Russia Fund and Vimpelcom Ltd., reportedly funneled $23 million to the Sea Change Foundation, according to a detailed 2014 U.S. Senate Environment and Public Works Committee report.

(Editor’s Note: The Sea Change Foundation is controlled by Kona residents Nathaniel Simons and his wife Laura Baxter-Simons.)

Klein’s legal counsel dismisses such charges as “completely false and irresponsible.” But in a letter addressed to U.S. Treasury Secretary Steven Mnuchin, members of Congress document evidence pointing to a paperless money trail that flows from Russia into U.S. environmental groups through the Sea Change Foundation. The implication is that the Russians have been pouring tens of millions of dollars into willing environmental advocacy groups in an effort to spread propaganda directed against fracking in the U.S. and the technology that makes it possible, according to evidence presented in the letter.

Rep. Lamar Smith, R-Texas, chairman of the House Committee on Science, Space, and Technology, and his colleagues have called on the U.S. Treasury Department to conduct an investigation into the allegations of Russian collusion with U.S. environmental groups. In response to a media inquiry I sent last year asking about the allegations, a U.S. Treasury spokesman said in an email message, “We respond as appropriate to Congressional inquiries, but wouldn’t comment publicly on an investigation.”

The motivation for Russian interference here is clear. As the congressional letter notes, American ingenuity in the oil and gas industry have significant geopolitical ramifications. Thanks to innovative extraction technologies such as hydraulic fracturing and horizontal drilling, the U.S. now has access to vast reserves of oil and gas previously held to be unrecoverable. The unexpected energy resource bonanza has dramatically shifted the dynamics of the economic and geopolitical landscape in America’s favor.

The U.S. is the top producer of natural gas in the world. In 2016, U.S. natural gas imports set a record low even though consumption has increased. In 3 of the first 5 months of 2017, U.S. natural gas exports were greater than imports — the growing trend points to the U.S. becoming a net exporter. This new commitment to natural gas means less expensive energy bills for consumers as well as economic, environmental, and national security benefits for the country as a whole. The U.S. Chamber of Commerce estimates that the fracking boom has created 2.7 million jobs, with an estimated additional 3.5 million projected by 2035.

From a foreign policy perspective, the U.S. can now export liquefied natural gas to parts of Europe that have been dependent on Putin’s government for their gas. This weakens Putin and puts the U.S. in a stronger position to exert influence. Up until now, periodic disputes with Russia have resulted in economic bullying tactics from Moscow that include wintertime threats to close pipelines supplying oil and natural gas. Those days may be over now that American natural gas development is poised to impact Russia and its Gazprom oil company.

However, an international campaign known as “Keep It in the Ground” has been pushing an anti-fossil fuel agenda that advances Russia’s geopolitical interests at the expense of the U.S. and America’s allies. The campaign claims support from more than 400 organizations

 across the globe, with a sizable percentage operating inside the U.S. The campaign is opposed not just to the extraction of fossil fuels, but to any fossil fuel-related project including pipelines, rail transportation, refineries, and energy exploration.

These groups include Greenpeace, the Sierra Club, 350.org, the Center for Biological Diversity, WildEarth Guardians, the Rainforest Action Network, Earthworks, and the Chesapeake Climate Action Network, to name just a few.

Some of the larger environmental advocacy groups in the U.S., such as the Natural Resources Defense Council and the League of Conservation Voters, don’t appear on the list of 400, yet do support the same anti-fossil policy aims and draw from the same pool of financial supporters.

The common denominator here between many of these groups is the San Francisco-based Sea Change Foundation, which has been identified as the incubator for Russian funding of environmental groups. Another key player is the Energy Foundation, which is also based in San Francisco and appears to be an offshoot of the Sea Change Foundation.

If Grassley succeeds in bolstering the Foreign Agents Registration Act, a good starting point for an investigation would be with the “Keep It in the Ground” campaign members and with other environmental groups that support the campaign’s agenda.

While these groups are free to advocate for their preferred policies, they should not be permitted to posture as grassroots activists if they are in fact doing the bidding of foreign interests, to the detriment of average Americans who benefit from affordable and reliable sources of energy.

Voting is beautiful, be beautiful ~ vote.©

JUDICIARY: CHAIRMAN NADLER INVITES ACTING AG WHITAKER TO CLARIFY TESTIMONY - My Colored Commentary

The Senate Judiciary debated the nomination of Bill Barr today.

https://www.c-span.org/video/?457881-1/us-senate-debates-william-barr-attorney-general-nomination

Richard Blumenthal was hot on his Emolument case by reading into the record that Barr noted that he did not even look up the term before the hearing.

Seriously?

That is Blumenthal's legacy because he entered it with Conyers, but, of course, if you look at like I do, if Barr ever made any acknowledgment that the case is at the threshold of SCOTUS, he would have to say Conyers' name....which would mean he would have to venture into the unsavory the world of #MeToo psyoptic...and due process questions....you know...awkward.

Blumenthal dropped "The Imperial Presidency" and voting rights in the Ohio situation, another subtle reference to the Conyers legacy, but, hey, what do I know?

I know he was hot and heavy in voicing his concerns about the veracity of the Mueller Report, on whether or not Barr would, oh, how shall we say this, edit, the final report.

I also know there may just be one of those legal ace up the sleeve when it comes to circumventing release of the contents of the report, in the event it is edited, like...um....testimony of the original sources, into the public record, under perjury of law, in congress....or in a civil action.

That would be fun!

Chuck Grassley was reading into the record the contracutual "meeting of the minds" to the foundaiton of the investigation model that is about to be revealed, by enumerating the events of the process of the social contract between Barr and the people, per his testimony.

Chuch Grassley is hard core on his legacy of the False Claims Act, that I prefer to rename it, with a bit of tweeking, the ending of Medicaid fraud in child welfare pillar, the residuals of the peculiar institution, by allowing the original sources to bear witness to let justice be done though the heavens fall.

Alas, with all these aforementioned, looming, historic questions of the existence of a civil society, on the cusp of a constitution crisis, Jolly Jerry Nadler decides to chastise the soon to be relieved of his duties of office under the Administrative Vacancies Act, Acting Attorney General, Matt Whitaker, all because the pretty people in the big rectangle big screen HDTV on the wall said lied.

Yup.

Priorities.

Washington, D.C. – Today, House Judiciary Committee Chairman Jerrold Nadler (D-NY) sent a letter, below, to Acting Attorney General Matthew G. Whitaker, requesting that he clarify statements he made during his testimony before the House Judiciary Committee on February 8, 2019. 

U.S. House Judiciary Chairm... by on Scribd

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SENATE JUDICIARY: Confirmation Hearing Of Bill Barr - Honoring Grassley & His Legacy On Medicaid Fraud In Child Welfare - The False Claims Act - My Color Commentary

Once again, respecting the economy of your time, I have brought to you, in the spirit of fuchsia, my color commentary on the Senate Judiciary Confirmation Hearing of Bill Barr.

Please take notice that Chuck Grassley was looking quite dapper because he was letting the world know about his legacy as an old school civil rights dog, in his work on the False Claims Act, addressing Medicaid fraud in child welfare, in this hearing.

AG Nominee Barr Pledges to ‘Diligently Enforce’ False Claims Act

Former Attorney General Bill Barr Is The Next Attorney General With Impeccable Timing To Address Privatization In Trafficking Tiny Humans

Grassley started slamming Bill Barr on the False Claims Act because it is his legacy, he introduced. 

He grilled Barr on supporting the whistleblower cases, with specific reference to this case. It made me all warm and fuzzy because, basically, if Barr is confirmed as the U.S. Attorney General and dismisses the case, well, that would mean he lied to congress breaching the trust of this sworn office, which means I would just have to file up a quo warranto.

You can catch the historic FCA love starting @1:11:00

Someone In The DOJ Is Leaky On The False Claims Act

Background on Chuck Grassley

Background on Lindsey Graham

Senate Judiciary Chairmen Grassley, Graham; Ranking Members Feinstein, Whitehouse Ask John Podesta & DNC Tom Perez: "Why Does Perkins Coie Suck?"

Lee is asking about the Ashcroft-Sessions policy of "most readily provable offense" policy of DOJ. 

Barr is talking about sentencing guidelines, going back to what Grassley was talking about his previous position of support of the Crime Bill.  Barr said he would defer to the Districts on prosecution decisions.

PART 2

Barr was asked about voting identification laws.  He was good in his responses because this stuff is pending in lower courts, so he could not interject with specificity.

Sass is asking about child sex trafficking and the Jeffery Epstein no prosecution agreement without addressing his foundation research.

They asked him about 2016 election fraud investigation and releasing the documents after the committee reviews, redacts everything.

That sounds like they want to see if their name is in it so they can do a white out and not be prosecuted.

Immigration and undocumented individuals were raised but not one peep on SCOTUS DACA DAPA, well, because it is in the court and this is a congressional senate hearing

Not one word on foster care and adoption in the child trafficking on the southern border.

Detroit has a southern border, too.

Barr had to clarify that only congress makes law not policy.

Not one word on child welfare fraud but they did bring up Enron.

BB said he got 900 convictions on the Enron case, but nothing on the bigger scandals that went down. From there they went into the mortgage fraud and the creation of the toxic asset program without saying TARP, but asked if there was going to be prosecution on SEC fraud on the fake mortgages, bundling, you know, the stuff the Detroit Land Bank Authority did, but Barr did well in not commenting on pending grand jury actions in Detroit and Arkansas, and I mind as well throw in the Grand Rapids, Kent County Land Bank, and the Michigan Land Bank Fast Track Authority.

Barr said he would resign is he found out someone in stopped an investigation based on fraud which  is honorable, or not, because he could function as a whistleblower.

Then there was border wall political blah, blah, blah that had no place to be put forth in this hearing.

They covered VAWA and it falling under jurisdiction of DOJ.

Then they went after Trump of what he knows and does based on media reports asking Barr to speculate on what Trump actually knows without seeing the documents.

He did say people who are accused, based upon public information like what Trump knows or is covering up, deserves due process.

He talked alot about due process.

Cory Booker asked about gay hate based on judicial morality but said nothing about chattel law because that is what all the labeling is about. I do not like Booker. He is a clown. He partnered with Betsy DeVos in privatized education enterprises.  He kept talking about civil rights but has no idea that he was behind taking out the civil rights leader from congress. Yes, I said that. All that gay protection stuff is about pumping through more child welfare fraud programs layered with layers of administrations to steal more money and nothing about equal justice in holding these NGOs who push through divisive speech through law to keep people under their classification schemes for that crappy predictive modeling just to make money off the people they claim to help. Not impressed.

Watching parts of this hearing reminds me of each senator being assigned a specific area they will champion to keep their crap under cover in case Barr is appointed and decides to prosecute them.

Where is the substantive questioning?

Harris threw out the race card talking about voting rights but conveniently failed to mention anything about the DOJ election integrity investigations on the 2016 and 2018 elections because she is going to have some issues when it comes to her participation in violating the voting rights act.

Barr had to explain again that only congress makes law.

Hirono brought up election fraud and argued that there is no voter fraud going on, even in the absentee ballots, and asked if he would waste resources going after voter fraud that does not exist. Too bad she does not know about thee voter fraud in the absentee ballots like what they did in Detroit.

Blumenthal brought up Uranium One.

Barr called it pay for play and that it was put in 

Huber's file to review. Interesting.  He did say it was not handled properly. 

Then Blumenthal brought up the Clinton Foundation.

Barr said he did not think he said the foundation should be criminally investigated and said it should be civilly investigated for tax fraud.

Blumenthal pulled up the emoluments case again, after Feinstein did earlier on anti-corruption.

Barr said, again, he has not looked into emoluments, which is Blumenthal's filing.

No one asked him about 911.

To honor the work of Grassley on his elimination of the government knowledge bar in the False Claims Act work in 1986, just in case the history is wiped because that seems to be a trend right now, I would like to introduce to you his advocacy for whistleblowers in Medicaid fraud.

Have no fear!

I found a way around that "government knowledge bar" by uncloaking the Meanies were mean to my Sweetie.

I also found out that Justice Clarence Thomas has a few issues that have never been addressed when it comes to Medicaid fraud in child welfare.

Have no fear, he will soon come to love me, just like John Roberts.

Can you say "constitutional crisis"?

I can.

Prepared Senate Floor Statement by Senator Chuck Grassley of Iowa Chairman, 

Senate Judiciary Committee Interpreting the False Claims Act 

February 13, 2018

Today I want to talk about some troubling developments in the courts’ interpretation of the False Claims Act. To understand these developments, we need to review a little history.

In 1943, Congress gutted the Lincoln-era law known as the False Claims Act. At the time, the Department of Justice said that it needed no help from whistleblowers to fight fraud. The Department said that if the government already knows about the fraud, no court should even hear a whistleblower’s case. So, Congress amended the False Claims Act to bar any whistleblower from bringing a claim if the government knows about the fraud.

That was a mistake.

The bar led to absurd results that only hurt the taxpayer. It basically meant that all whistleblower cases were blocked, even cases where the government only knew about the fraud because of the whistleblower.

In 1984 the Seventh Circuit barred the State of Wisconsin from a whistleblower action against Medicaid fraud. Wisconsin had already told the federal government about the fraud—because it was required to under federal law. So, because of the so-called “government knowledge bar,” whistleblower cases went nowhere and neither did prosecution of wrongdoers.

In 1986 I worked with my colleagues to make it possible for whistleblowers to be heard again. That included eliminating this so-called “government knowledge” bar. Since then, what the government knows about a fraud has still been used by defendants in False Claims Act cases, as a defense against their own state of mind.

Courts have found that what the government knows about fraud can undercut allegations that defendants knowingly submitted false claims.

The theory goes something like this:  If the government knows about the defendant’s bad behavior, and the defendant knows the government knows, then the defendant did not knowingly commit fraud. Once you wrap your head around that logic puzzle, I’ve got another one for you.

In 2016, the question of what the government knows about fraud in False Claims Act cases began to take center stage once again. In Escobar, the Supreme Court rightly affirmed that a contractor can be liable under the “implied false certification” theory. That just means a contractor can be in trouble when it doesn’t make good on its bargain. And it doesn’t matter whether the contractor outright lies.  A misleading omission of its failures is enough.

Unfortunately parts of the Court’s ruling are getting some defendants, and judges, tied in knots. 

Justice Thomas wrote that the false or misleading aspect of the claim has to be material to the government’s decision whether to pay it. Thomas said that one of several ways you can tell whether something misleading is also material is if the government knows what the contractor is up to and pays the claim anyway.

At first glance, I suppose that makes sense.  If someone gives you something substantially different in value or quality than what you asked for, why would you pay for it? But if the difference really isn’t that important, you might still accept it.

Even if that is true, the problem here is that courts are reacting the way they always have. They are trying to outdo each other in applying Thomas’ analysis inappropriately or as strictly as possible – to the point of absurdity. In doing so, they are starting to resurrect elements of that old “government knowledge” bar I worked so hard to get rid of.

This is what the Justice actually wrote:

“[I]f the Government pays a particular claim in full despite its actual knowledge that certain requirements were violated, that is very strong evidence that those requirements are not material. Or, if the Government regularly pays a particular type of claim in full despite actual knowledge that certain requirements were violated, and has signaled no change in position, that is strong evidence that the requirements are not material.”

He did not say that in every case, if the government pays a claim despite the fact that someone, somewhere in the bowels of the bureaucracy might have heard about allegations that the contractor may have done something wrong, the contractor is automatically off the hook.

Think about it. Why should the taxpayer pay the price for bureaucrats who fail to expose fraud against the government?

That’s why the False Claims Act exists, to protect taxpayers by rewarding whistleblowers for exposing fraud.

Justice Thomas said that the government’s actions when it has actual knowledge that certain requirements were violated are evidence of whether those requirements are material—or not.

What does it mean for the government to have actual knowledge? Would it include one bureaucrat who suspected a violation but looked the other way? Would that prove the requirement was material?

Courts need to be careful here.

First, this statement about government knowledge is not the standard for materiality. The standard for materiality is actually the same as it has always been.  The Court did not change it in Escobar.

Materiality means “having a natural tendency to influence, or being capable of influencing, the payment or receipt of money or property.”

The question of the government’s behavior in response to fraud is one of multiple factors for courts to weigh in applying the standard.

Second, courts and defendants should be mindful that Justice Thomas limited the relevance here to actual knowledge of things that actually happened. There are all sorts of situations where the government could have doubts—but no actual knowledge of fraud.

Maybe the government has only heard vague allegations, but has no facts. Maybe the rumors are about something that may be happening in an industry, but nothing about particular false claims by a particular defendant. Maybe an agency has started an inquiry, but still has a long way to go before it’s finished. Maybe someone with real agency authority or responsibility hasn’t learned of it yet.

There are a lot of situations where the government might not have actual knowledge of the fraud.

Third, even if the government does pay a false claim, that is not the end of the matter. Courts have long recognized there are a lot of reasons why the government might not intervene in a whistleblower case.

And, there are a lot of reasons why the government might still pay a false claim. Maybe declining to pay the claim would leave patients without prescriptions or life-saving medical care.

Paying the claims in that case does not mean the fraud is unimportant. It means that, in that moment, the government wants to ensure access to critical care. That payment cannot, and does not, deprive the government of the right to recover the payment obtained through fraud.

Can you imagine if that were the rule, though? Can you imagine if providers could avoid all accountability because the government decided not to let someone suffer?  Then fraudsters could hold the government hostage.

They could submit bogus claims all the time with no consequences because they know the government is not going to deny treatment to the sick and vulnerable.

That is just not what the False Claims Act says. Courts should not read such a ridiculous rule into the statute.

Fourth, courts should take care in reading into the Act a requirement for the government to immediately stop paying claims or first pursue some other remedy. There could be many important reasons to pay a claim that have nothing to do with whether the fraud is material.

Further, there is no exhaustion requirement. The False Claims Act does not require the government to jump through administrative hoops or give up its rights. And that would be an unreasonable burden on the government in any event.

We have decades of data showing that the government cannot stop fraud by itself. I also know from many years of oversight that purely administrative remedies are very time consuming and often toothless.

The government should be able to decide how best to protect the taxpayers from fraud. The FCA is the most effective tool the government has. The government should be able to use it, without the courts piling on bogus restrictions that are just not in the law.

UNIVERSAL HEALTH SERVICES, ... by on Scribd

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Cocktails & Popcorn: #MeToo Is Being Due Processed In Referral To FBI For Lying & Stealin'

"Was it blackmail, bribery or just sheer stupidity?"

Not only did these #MeToo, highly paid professionals make a complete mockery of those whose voices have been silenced when it comes to the realities of the trafficking of "The Poors" (always said with clinched teeth), but they did it for personal inurement while destroying the legacies of civil rights in the annals of history.

Now, whether that was through blackmail, bribery or just sheer stupidity, we shall have to wait for the FBI to complete their conjugal collaboration with multiple other law enforcement and investigative entities to find out what is the most plausible reason why these individuals thought it wise to lie into the public record.

But, hey, what do I know?

I am going with sheer stupidity.

I wonder how Marion Brown and her family are doing right about now.

Someone should go do a wellness check on her.

That would be considered due process, so would referral to investigate license revocation of an attorney.

Oh, I have not forgotten that #perkinscoiesucks.

WOMAN SAYS SHE MADE FALSE CLAIMS ABOUT KAVANAUGH, NOW SHE’S BEEN REFERRED TO THE FBI

A woman who acknowledged falsely accusing Supreme Court Justice Brett Kavanaugh of rape is being referred to the FBI and Department of Justice for investigation, according to an official letter.

Senate Judiciary Committee Chairman Chuck Grassley said in a letter sent Friday to FBI Director Christopher Wray and Attorney General Jeff Sessions that the woman, Judy Munro-Leighton, admitted Thursday that she falsely claimed in an email to committee staff on Oct. 3 that Kavanaugh and a friend had raped her.

In the email, Munro-Leighton claimed to be the author of an anonymous letter sent to California Democratic Sen. Kamala Harris on Sept. 19. In that letter, a person who signed the letter as “Jane Doe” claimed Kavanaugh and a friend raped her in the back of a car.

Grassley, an Iowa Republican, said investigators quickly discovered that Munro-Leighton was a “left-wing activist” who is decades older than Kavanaugh. (RELATED: Grassley Refers Avenatti, Swetnick To FBI For Investigation)

But after reaching Munro-Leighton on Thursday, she admitted “that she had not been sexually assaulted by Judge Kavanaugh and was not the author of the original ‘Jane Doe’ letter.”

Munro-Leighton said that she “just wanted to get attention” for her “ploy.”

“In short, during the Committee’s time-sensitive investigation of allegations against Judge Kavanaugh, Ms. Munro-Leighton submitted a fabricated allegation, which diverted Committee resources,” Grassley said.

Grassley asked Wray and Sessions to investigate Munro-Leighton for making materially false statements and obstruction.

The criminal referral is the fourth issued by Grassley during the Kavanaugh confirmation process.

Kavanaugh was confirmed to the Supreme Court on Oct. 6. Three women came forward publicly to accuse the conservative judge of sexual misconduct in high school and college. Kavanaugh denied all of the allegations.

Grassley submitted FBI referrals on one of those Kavanaugh accusers, Julie Swetnick, and her attorney, Michael Avenatti. Swetnick claimed in a Sept. 26 declaration that she witnessed Kavanaugh drugging girls’ drinks at parties in the 1980s. She also claimed Kavanaugh was present at parties where girls were gang-raped.

Grassley also referred one man for investigation who claimed in a letter to Rhode Island Sen. Sheldon Whitehouse that he witnessed Kavanaugh raping a woman in the 1980s.

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Cocktails & Popcorn: It Is Not Nice To Lie Into The Congressional Record - Kavanaugh Accuser Referred To DOJ & FBI

Just in case you did not know, it is illegal to lie during a congressional investigation.

via GIPHY

For those of you who will prance around the social networks parroting the rodomontade of the self-proclaimed political pundits, allow me to remind you that, the act of entering false claims into the public record is a federal felony.

Going forward, if you promulgate false claims in the historic record, even after you have been put on public notice for correction of your erroneous speech, you will be held accountable, even if you claim to be an original source of knowledge.

Congress obviates law and policy from the public record which makes this false advisement, when done intentionally, treasonously, dare I say, when done for personal inurement, whether that be for popularity in clicks or raising money online.

Lying into the public record is called fraud and the Congress will refer for prosecution, which is called due process.

Just keep this in mind when you are trying to come up with a smear campaign about me.

Do everyone who is going crazy about what I had said I have recanted because I have made a mistake and apologize for such mistake

— Jeffrey Catalan (@JeffreyCatala16) September 26, 2018

Man apologizes for making false allegation against Kavanaugh

A man apologized on Twitter for making a false accusation to his senator about Brett Kavanaugh, in which he claimed the Supreme Court nominee sexually assaulted his friend on a boat in Rhode Island.

The man, whose name was redacted in documents from the Senate Judiciary Committee, said Wednesday night that he made a “mistake” when he said that Kavanaugh attacked his friend in 1985.

Jeffrey Catalan’s Twitter account was identified in Senate documents, and he quickly issued the apology after news of his claims went public.

“Do (sic) everyone who is going crazy about what I had said I have recanted because I have made a mistake and apologize for such mistake,” Catalan tweeted.

His false allegations were detailed in questions posed to Kavanaugh by the Senate Judiciary Committee on Tuesday, according to documents released by the Senate.

The man had called Sen. Sheldon Whitehouse (D-RI) and said he encountered two men named “Brett” and “Mark” on a boat in Newport after they assaulted his friend.

Catalan claimed he left the two with “significant injuries” after the altercation.

Kavanaugh vehemently denied the accusation.

U.S. Senate Judiciary Chair... by on Scribd

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All Hail The Whistleblowers: Everyone Deserves Due Process In Court, Even Christine Blasey Ford

All whistleblowers should have their time to tell their stories and preserve the public record, even all the accusers of John Conyers.

Interestingly enough, OAN failed to cite Conyers in its list of individuals who have resigned from Congress.

I wonder why.

Now, she wants the FBI to investigate but Grassley explained that the proper jurisdiction is the U.S. Senate Judiciary Committee.

So, Ford comes out to say she is not attending the hearing and Grassley said there was no reason to have the hearing if she does not show up.

Can someone please explain to me how one can find a group of 24 gender specific individuals from over 30 years ago, then get them to sign on to a letter of support to be entered into congressional record in less than 7 days?

How come there is just a list of names and no one signed the letter?

Christine Blasey Ford Holto... by on Scribd

There is more internet chatter that her father and brother are more involved with the CIA through their corporation, Red Coats, Inc. having federal security contracts.

Then, there is even more internet chatter that Christine Blasey Ford was adopted for covert operations, or for the adoption tax incentives, but this cyber rumor is still developing.

Then, like you thought I did not have more internet dirt, there are rumors going around that Kavanaugh was high school buddies with Neil Gorsuch who both have been "compromised" in other situations.

But, that is just another conspiracy theory floating in the cyberverse because the pornos have yet to be released.

How do I come up with all this speculation?

Because Perkins Coie always uses the same, exact damn model when they want to compromise an elected official, and they have, and their underlings, have yet to mention John Conyers, their ultimate target, which is why I call them "Legal Geniuses" (trademark pending).

All whistleblowers deserve to be heard, for the sake of due process, a civil right.

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JUDICIARY: Senate Holds Hearings On Immigrant Family Reunification By Omitting The U.S. Foster Care System

The following is the Senate Judiciary hearing on immigrant family reunification.

There was not one mention of Child Protective Services, Foster Care or Adoption.

FUN FACT! ICE uses a form, developed by ACLU, approved by the court, to allow alien parents to voluntarily leave their children in the U.S. without addressing any legal mechanism of termination of parental rights.

I guess they will file lis pendens and get a quiet title because the child is abandoned, whether voluntarily or involuntarily when the parents are deported.

The privatized state contractor corporations will be granted parental rights.

(Ssshhh....do not let the individuals testifying know that they are engaging in human trafficking.)

Yes, we are dealing with "Legal Geniuses" (trademark pending) in the Trump Administration.

If the Members believe the separation policies are cruel, offering legislation to stop it, then I wonder if federal policy will trump the States, federally funded, Child Protection System, when it comes to U.S. citizens and its Child Welfare System.

So far, from what I see are hypocrites.

U.S. Attorney General Jeff Sessions issued to guidance policy for family separation, but what no one is mentioning, there is national policy for the separation of children from families under the Child Abuse Prevention and Treatment Act, with expedited removals and concurrent planning under the Adoption and Safe Families Act.

Sessions, also, which no one is mentioning, introduced the Protection of Children Act, but it seems, no one has heard of it.

Only the Congress makes law, and it is about time it faces reality.

Poverty is the crime of abuse and neglect, for failure to provide for the necessary needs of the child, which means, these children are snatched, pursuant to the norms of child welfare policies.

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