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Monday, November 18, 2013

Obama’s ‘5 Percent’ Con Job | National Review Online

Obama’s ‘5 Percent’ Con Job | National Review Online

Last Thursday, President Obama purported to undo the “Affordable” Care Act (ACA) mandates that he and congressional Democrats quite intentionally designed to force Americans off their health-insurance policies . . . notwithstanding the president’s promise, repeated over and over again since 2009, that Americans would be able to keep their health-insurance policies. In my weekend column, I argued that Obama’s latest unilateral diktat is lawless and transparently political. With each passing day, however, what becomes more breathtaking is the depth of systematic, calculated lying that went into the extensive — the criminalObamacare fraud.
Let’s quickly recap the lawlessness and cynical politics behind Thursday’s pathetic press conference. Obama, who poses as a constitutional-law expert, knows full well that a president has no legal authority to waive statutory mandates. Even if he had such power, moreover, he knows that there is no practical possibility of undoing — within the next few weeks, as the ACA would require — the new arrangements that insurance companies and state regulators spent the last three years structuring to comply with Obamacare mandates. In sum, Obama is well aware that his proposed “fix” is frivolous. His hope is that the country overwhelmingly consists of dolts who are too uninformed to realize that this is the case, and who, with a little help from his media courtiers, can be convinced to blame the insurance companies, rather than the president, for the fact that millions of Americans are losing their coverage under his “reform.”
Now, having covered Thursday’s con job, let’s get back to the overarching Obamacare scheme perpetrated by the president for more than four years — a fraud that, I contend, the Justice Department would not hesitate to prosecute had it been committed by a private-sector executive. I’ve related the standards for criminal and civil enforcement that would militate in favor of prosecution in a case involving the dimension of fraud and breach of fiduciary duty we find here. In addition, NRO’s Andrew Stiles had a superb report on Friday showing the sundry ways the administration’s dysfunctional Obamacare website, HealthCare.gov, runs afoul of various consumer-protection laws. Again, when such infractions are committed by private businesses, the government punishes them quite severely.

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