Is promising money in return for a public official's vote legal?
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Attorneys general in 13 states are threatening legal action, if Reid and Pelosi don't remove Nebraska's Medicaid deal from the federal health care reform bill, according to a letter sent to The Associated Press Wednesday.
"We believe this provision is constitutionally flawed," wrote South Carolina AG Henry McMaster and 12 other state attorneys general. The letter was addressed to House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid and delivered to them Wednesday.
"As chief legal officers of our states, we are contemplating a legal challenge to this provision, and we ask you to take action to render this challenge unnecessary by striking that provision," they wrote.
In a rare Christmas Eve vote, hold out Sen. Ben Nelson (D-Ne) traded his vote for an estimated $100 million earmark, dubbed the "Corn Husker Kickback," to pay for Nebraska's expanded Medicaid program. All states are required to fund an expanded Medicaid program, under the new bill.
In the days following the vote, even Nebraskans wondered if Reid's sweetheart deal for the corn husker state violated the Constitution, as well as federal bribery laws.
"Equality before the law” is Nebraska's state motto. “Is there anyone out there who will sue the state of Nebraska and/or Senators Ben Nelson and Harry Reid?” asked Patricia Rief-Heskett, chairman of Nebraska’s Republican Party, following the vote. “Why should the state of Nebraska not have to pay for the unfunded mandate of Medicaid, and all the other states have to pay for Nebraska’s portion? Are we just to sit by and watch all of our freedoms taken away, to live in a country with no laws, that has only to abide by a Congress who would buy out votes, whether or not it is lawful?”
Apparently not one but 13 states agreed with Rief-Heskett. The letter threatening legal action was signed by top prosecutors in Alabama, Colorado, Florida, Idaho, Michigan, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia and Washington state.
"Because this provision has serious implications for the country and the future of our nation's legislative process, we urge you to take appropriate steps to protect the Constitution and the rights of the citizens of our nation," the attorneys general wrote.
Last week Sens. Lindsey Graham and Jim DeMint (R-SC) questioned the earmark, which they said was incorporated into the bill to win Nebraska Sen. Ben Nelson's vote. Rief-Heskett said the deal Nelson made violates federal laws, as well as the Constitution of the United States. She cited several references, including:
Article 1, Section 9: `No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another.'
Article 4, Section 4: `The United States shall guarantee to every state in this union a Republican form of Government.'
US code Title 18 201, Titled "Bribery of Public Officials and Witnesses," Section B: `Whoever directly or indirectly, corruptly gives, offers or promises anything of value to any public official (officials is defined as a member of Congress, Delegate or Resident Commissioner) ... with intent (a) to influence any official act; or (b) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or colluding, or ally any fraud or make opportunity for the commission of any fraud on the United States.”
Beginning next year, a conference committee must work out a compromise between the House and Senate versions of the bill. Talks could last a month, analysts predict.
Nebraska is just one of 15 states that received preferential treatment in return for votes in favor of Reid's health care reform bill on Christmas Eve.
This article is part of the series, Inside Harry's Head.
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Comments
Well, Harry and Nancy should be sued.
They are 2 of the most politicians that need to be
voted out of office.
What about Nelson? He should be given his walking
papers as well. Such a corrupt govt. we have!!
"Patricia Rief-Heskett, chairman of Nebraska’s Republican Party, following the vote. “Why should the state of Nebraska not have to pay for the unfunded mandate of Medicaid, and all the other states have to pay for Nebraska’s portion?"
Yeah why should her State get a better deal than everyone else, why I say, Why...
What a joke the way she is politicizing this...
I can see the reasons by the other States upset that they didn't get a deal like Nebraska but this women is all about the politics (like all of them) if the money were coming to her state via Republicans in power, she would politicize how great it is to get the deal...
Personally I agree that it is a payoff to get Senator Nelson's vote, but he was placed into that power of a position because every republican already said that they are going to vote no...
And when it came time for Reid to get the last three votes Nelson, Landrieu and Lieberman where able to do what they did because the GOP is the Party
of NO
Suddenly everyone is yelling about the deal. Yes it is wrong, but how many other deals like this has been made over the years. I think all the bills passed need to be looked at and investigated. I'm not just talking about deals like Nebraska got, but all the lobbyist and other self intrest groups looking for sweet deals. Congress needs to start being held accountable for their backroom deals and scams. Do we really know how many of those earmarks passed over the years were in those Sen. best intrest and money given to their political agenda?
Good, good - keep up the pressure on exposing these rats. Their 2010 Campaign is in full swing and they are going to buy and coerce every vote they can. Let's expose them before they get more of a foothold on our Rights under the Constitution.
Don't forget:
Article I Section 8 - Powers of Congress
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
Is this in anyway uniform???
Go ahead and sue, you GOP idiots. Congress has done this with transportation legislation and earmarks for decades so who's Supreme Court is going to side with fools like these AGs? Have you never heard of donor states? Those are states that contribute more gas tax revenues to the federal transportation trust fund and get less than they contribute back from the feds each year for their own transportation projects and maintenance. Not everything in government is equal, never has been never will be. The sharper politicians win big bucks for their pet projects all the time, politicians from both parties. Stop whining and start caring about all 300 million Americans, not just the 5% that can afford any health care they desire. And if you really want to do something meaningful, try investigating and prosecuting the corrupt elected officials that give government a bad name rather than frivolous political party campaign rhetoric like this crap.
As far as Reid, Nelson, Lincoln and a few others, they have effectively been given their walking papers. They performed their last acts of screwing Americans in a kamikaze way.
As for Pelosi, she represents a state full of ignolemmings as as pathetic as she is. They'll always keep her there. Her dishonest politics reach farther than her own constituency, though. This is the greatest argument for term limits. The rest of us have no voice in firing this Jezebel.
Let the lawsuits begin!
What this issue focuses on is only Nebraska, what others are ignoring is the "sweetheart" deals in this legislation for Florida, Vermont, Massachuesetts, and I believe NY. What about the "special" hospital provided for in the earmarked projects, what about the private database to be collected by Dept of Health for which we have not reasonable expectation of privacy or access to, what about the gathering of gun and ammo ownership provided for in the language, what about the stripping of Home Health funding which is an efficient and economical method by which Seniors and terminally ill are able to stay in their homes, this bill also directly affects over 11M seniors health care delivery known as Medicare Advantage which is at the core of the Florida deal that Sen Nelson of Florida negotiated..
I have trudged through portions of the bill language, the very first thing that is stated on the bill is:
"To amend the Internal Revenue Code of 1986" - this is not Health Care..
Burn baby burn and get Reid and the rest of the criminals next!
I am glad for the attorney generals that have the nads to stand up. Cant they see THE AMERICAN PEOPLE do not want this socialistic health care. Only ignorant people think that health care will get BETTER if you give it to the government. Good grief! They ruin everything. Some Americans think our health care is BAD but in Reality it is THE BEST IN THE WORLD ! Yes we need change, we need competition in the free markets to keep COST DOWN, not handing it over to a bunch of Politicians. How stupid can the left GET !
Good job KELLY Anderson Wright.
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