toxic Tuesday & some News


The rain combined with the wind has put the hammer down on the 206 – The thunder was rolling the lightening close and noisy so anyone out there having difficulty today and it is still Fall …you are not alone.

I am feeling less and less confident that legislation we need done before the New Congress gets into place after hearing comments from various Democratic members of the House on various cables and or radios. The House Majority Leader Steny Hoyer says that they will do their best to get a vote and pass the Tax Deal but if I heard him correctly, he stated with some Amendments added this thing would pass. I have to say if any changes made to the tax agreement that would be great but the deal was a take it or leave it situation. Therefore, any comment by Hoyer just proves folks do not listen to each other or refuse to see that time is of the essence and there just is not a lot of it left. I feel given the fact that bills that pass in the Senate need to be sent to the House to be passed and vice versa so adding amendments will not only increase the time it will take for it to pass. I am worried that the process by which the House is willing to put the TAX Cut deal through sounds and makes it almost impossible to pass before January.

In other News that is upsetting and so, obviously unfair and unbalanced is that not only did A.G. Cuccinelli file a suit against HCR, who has said some awful things about President Obama on numerous occasions should make anyone uncomfortable and see how the outcome any decision might side with the Republican Tea Party. The fact that Judge Henry E Hudson who is a Bushy was the one who received this suit first of all and was not able to see the conflict on interest so obviously right in his face. Anyway, below you will find part of an AP story by Larry O’Dell, for the full story go to the AP site -“Judge Strikes down federal health care law”. It is obvious this guy should recuse himself from the case but hey, that is just me…

Hudson sided with Virginia Attorney General Kenneth Cuccinelli, who argued the mandate overstepped the bounds of the Constitution.

“The ruling is extremely positive for anyone who believes in the system of Federalism created by our founding fathers,” Cuccinelli said. “It underscores that the Constitution’s limitations on federal power really do mean something.”

Cuccinelli, a Republican, filed the lawsuit to defend a new state law passed in reaction to the federal overhaul that prohibits the government from forcing state residents to buy health insurance.

He argued that while the government can regulate economic activity that substantially affects interstate commerce, the decision not to buy insurance amounts to economic inactivity that is beyond the government’s reach.

“This lawsuit is not about health insurance, not about health care, it’s about liberty,” he said.

Hudson, a Republican appointed by President George W. Bush, sounded sympathetic to the state’s case when he heard oral arguments in October, and the White House expected to lose this round.

Administration officials told reporters last week that a negative ruling would have virtually no impact on the law’s implementation, noting that its two major provisions — the coverage mandate and the creation of new insurance markets — don’t take effect until 2014.

Dear Cuccinelli and Judge Hudson:

definition of CONFLICT of INTEREST … The Free Dictionary -by farlex

A term used to describe the situation in which a public official or fiduciary who, contrary to the obligation and absolute duty to act for the benefit of the public or a designated individual, exploits the relationship for personal benefit, typically pecuniary.

In certain relationships, individuals or the general public place their trust and confidence in someone to act in their best interests. When an individual has the responsibility to represent another person—whether as administrator, attorney, executor, government official, or trustee—a clash between professional obligations and personal interests arises if the individual tries to perform that duty while at the same time trying to achieve personal gain. The appearance of a conflict of interest is present if there is a potential for the personal interests of an individual to clash with fiduciary duties, such as when a client has his or her attorney commence an action against a company in which the attorney is the majority stockholder.

Incompatibility of professional duties and personal interests has led Congress and many state legislatures to enact statutes defining conduct that constitutes a conflict of interest and specifying the sanctions for violations. A member of a profession who has been involved in a conflict of interest might be subject to disciplinary proceedings before the body that granted permission to practice that profession.

and if that wasn’t enough…

conflict of interest n. a situation in which a person has a duty to more than one person or organization, but cannot do justice to the actual or potentially adverse interests of both parties. This includes when an individual’s personal interests or concerns are inconsistent with the best for a customer, or when a public official’s personal interests are contrary to his/her loyalty to public business. An attorney, an accountant, a business adviser or realtor cannot represent two parties in a dispute and must avoid even the appearance of conflict. He/she may not join with a client in business without making full disclosure of his/her potential conflicts, he/she must avoid commingling funds with the client, and never, never take a position adverse to the customer.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
Other News …

**M.Steele has decided to run again for the RNC chairman
**Army Lt. Col. Terrance L. Lakin, a Birther faces court martial for refusing deployment
** Black segregation in US drops to lowest in Century
**Holbrooke  is remembered as a giant in US diplomacy
**
CSPAN …
Justice Kagan: Justice Kagan: “The learning curve is extremely steep”
Monday
White House Briefing with Press Secretary Robert Gibbs White House Briefing with Press Secretary Robert Gibbs
Monday
AEI Discussion on Financial Regulatory Reform AEI Discussion on Financial Regulatory Reform
Monday
Lawrence Summers Remarks on the Great Recession Lawrence Summers Remarks on the Great Recession
Monday
Factcheck.org Discussion on Campaign Spending Factcheck.org Discussion on Campaign Spending
Monday
Pres. Obama Signs Healthy, Hunger-Free Kids Act of 2010 Pres. Obama Signs Healthy, Hunger-Free Kids Act of 2010
Monday

Join us: Exclusive call about passing the DREAM Act


Reform Immigration FOR America Share This Message:
Join us for an exclusive call
We know you’re working hard to get the DREAM Act passed in the Senate this week. And we want to be sure you have everything you need.
Join us for an exclusive phone call and hear directly from lawmakers and leaders about where the DREAM Act stands and how we’re going to make it a reality. The call will take place tomorrow, Tuesday December 14, 2010 at 9pm Eastern Standard Time. I know this is short notice, but with a vote in the Senate expected this week, we have to act fast. 

Sign up to join here

Senator Menendez and Representative Luis Gutierrez will be speaking alongside DREAMer Gaby Pacheco and others to give you the inside scoop on what it will take to pass the DREAM Act before the end of the year.

I hope you can join us.

Thank you,
Marissa Graciosa

GOP Congress to be Batsh*t Insane | Bush-Appointed Judge Fights Health Care Reform | “Easier” to Prosecute Assange Than NY Times


By Sarah Seltzer | AlterNet
By Sarah Seltzer | AlterNet

lame ducks Session -Congress :depicted by Clifford K. Berryman


The Senate Convenes: 10:00amET December 14, 2010

Following any Leader remarks, the Senate will resume consideration of the House Message to accompany H.R.4853, the vehicle for the tax agreement, post-cloture.

– Senator Bond will be recognized at 11:30am to give his farewell speech.
– Senator Gregg will be recognized at 2:15pm to give his farewell speech.
– Senator Harkin will be recognized at 3:15 to speak for up to 45 minutes.
– Senator Kirk will be recognized at 5:00pm to deliver his Maiden speech.

The Senate will recess from 12:30 until 2:15pm to allow for the weekly caucus meetings. All time during any period of morning business, recess or adjournment will count post-cloture. Senators will be notified when any votes are scheduled.
Unanimous Consent:
Passed S.4005, Preserving Foreign Criminal Assets for Forfeiture Act of 2010

———————————————————————————————————-

CURRENT HOUSE FLOOR PROCEEDINGS
LEGISLATIVE DAY OF DECEMBER 14, 2010
111TH CONGRESS – SECOND SESSION

7:00 P.M. –

SPECIAL ORDER SPEECHES – The House has concluded all anticipated legislative business and has proceeded to Special Order speeches.

6:58 P.M. –

Mr. Jones requested the following general leaves to address the House on December 17: Mr. Burton of IN for 5 min, Mr. Poe of TX for 5 min, and himself for 5 min.

6:57 P.M. –

Mr. Jones requested the following general leaves to address the House on December 16: Ms. Ros-Lehtinen for 5 min, Mr. Flake for 5 min, and Mr. Diaz-Balart, Lincoln of FL for 5 min.

Mr. Jones requested the following general leaves to address the House on December 15: Mr. Burton of IN for 5 min, Ms. Ros-Lehtinen for 5 min, Mr. Flake for 5 min, Mr. Diaz-Balart, Lincoln of FL for 5 min, Mr. McClintock for 5 min, and Mr. Gingrey of GA for 5 min.

6:50 P.M. –

ONE MINUTE SPEECHES – The House proceeded with further one minute speeches.

H.R. 6510:

to direct the Administrator of General Services to convey a parcel of real property in Houston, Texas, to the Military Museum of Texas, and for other purposes

6:48 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 363 – 0 (Roll no. 630).

6:40 P.M. –

Considered as unfinished business.

S. 3167:

to amend title 13 of the United States Code to provide for a 5-year term of office for the Director of the Census and to provide for the authority and duties of the Director and Deputy Director of the Census, and for other purposes

6:39 P.M. –

On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 201 – 167 (Roll no. 629).

6:32 P.M. –

Considered as unfinished business.

S. 1405:

to redesignate the Longfellow National Historic Site, Massachusetts, as the “Longfellow House-Washington’s Headquarters National Historic Site”

6:31 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 364 – 0 (Roll no. 628).

6:02 P.M. –

Considered as unfinished business.

6:01 P.M. –

UNFINISHED BUSINESS – The Chair announced that the unfinished business was the question of adoption of motions to suspend the rules which had been debated earlier and on which further proceedings had been postponed.

6:00 P.M. –

The House convened, returning from a recess continuing the legislative day of December 14.

5:02 P.M. –

The Speaker announced that the House do now recess. The next meeting is subject to the call of the Chair.

H.R. 6516:

to make technical corrections to provisions of law enacted by the Coast Guard Authorization Act of 2010

5:01 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by voice vote.

4:58 P.M. –

DEBATE – The House proceeded with forty minutes of debate on H.R. 6516.

Considered under suspension of the rules.

Mr. Cummings moved to suspend the rules and pass the bill.

H.R. 6510:

to direct the Administrator of General Services to convey a parcel of real property in Houston, Texas, to the Military Museum of Texas, and for other purposes

4:57 P.M. –

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

4:52 P.M. –

DEBATE – The House continued with further debate on H.R. 6510.

The House received a message from the Senate. The Senate passed H.R. 2941 amended.

H.R. 6510:

to direct the Administrator of General Services to convey a parcel of real property in Houston, Texas, to the Military Museum of Texas, and for other purposes

4:37 P.M. –

DEBATE – The House proceeded with forty minutes of debate on H.R. 6510.

Considered under suspension of the rules.

Ms. Norton moved to suspend the rules and pass the bill.

H. Res. 1759:

expressing support for designation of January 23rd as “Ed Roberts Day”

4:35 P.M. –

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

4:29 P.M. –

DEBATE – The House proceeded with forty minutes of debate on H. Res. 1759.

Considered under suspension of the rules.

Mr. Grijalva moved to suspend the rules and agree to the resolution.

S. 1275:

to establish a National Foundation on Physical Fitness and Sports to carry out activities to support and supplement the mission of the President’s Council on Physical Fitness and Sports

4:28 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by voice vote.

4:14 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 1275.

Considered under suspension of the rules.

Mr. Grijalva moved to suspend the rules and pass the bill.

S. 3984:

to amend and extend the Museum and Library Services Act, and for other purposes

4:13 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by voice vote.

4:07 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 3984.

Considered under suspension of the rules.

Mr. Grijalva moved to suspend the rules and pass the bill.

4:06 P.M. –

The House received a message from the Clerk. Pursuant to the permission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representatives, the Clerk notified the House that she had received a message from the Secretary of the Senate on December 14, 2010 at 1:12 p.m. stating that that body had passed S. 2902, H.R. 6278, and S. 3447; passed H.R. 628 with an amendment.

S. 3167:

to amend title 13 of the United States Code to provide for a 5-year term of office for the Director of the Census and to provide for the authority and duties of the Director and Deputy Director of the Census, and for other purposes

4:05 P.M. –

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

3:29 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 3167.

Considered under suspension of the rules.

Mrs. Maloney moved to suspend the rules and pass the bill.

H.R. 5446:

to designate the facility of the United States Postal Service located at 600 Florida Avenue in Cocoa, Florida, as the “Harry T. and Harriette Moore Post Office”

3:28 P.M. –

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

3:21 P.M. –

DEBATE – The House proceeded with forty minutes of debate on H.R. 5446.

Considered under suspension of the rules.

Ms. Chu moved to suspend the rules and pass the bill.

H. Res. 1743:

congratulating Gerda Weissmann Klein on being selected to receive the Presidential Medal of Freedom

3:20 P.M. –

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Ms. Chu objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

3:11 P.M. –

DEBATE – The House proceeded with forty minutes of debate on H. Res. 1743.

Considered under suspension of the rules.

Ms. Chu moved to suspend the rules and agree to the resolution, as amended.

S. 3794:

to amend chapter 5 of title 40, United States Code, to include organizations whose membership comprises substantially veterans as recipient organizations for the donation of Federal surplus personal property through State agencies

3:10 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by voice vote.

3:09 P.M. –

DEBATE – The House resumed debate on S. 3794.

3:08 P.M. –

The House received a message from the Senate. The Senate agreed to S. Con. Res. 77 and passed S. 372. The Senate also agreed to the House amendment to S. 3817.

S. 3794:

to amend chapter 5 of title 40, United States Code, to include organizations whose membership comprises substantially veterans as recipient organizations for the donation of Federal surplus personal property through State agencies

3:05 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 3794.

Considered under suspension of the rules.

Ms. Chu moved to suspend the rules and pass the bill.

H.R. 6205:

to designate the facility of the United States Postal Service located at 1449 West Avenue in Bronx, New York, as the “Private Isaac T. Cortes Post Office”

3:04 P.M. –

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Ms. Chu objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

2:59 P.M. –

DEBATE – The House proceeded with forty minutes of debate on H.R. 6205.

Considered under suspension of the rules.

Ms. Chu moved to suspend the rules and pass the bill.

S. Con. Res. 72:

recognizing the 45th anniversary of the White House Fellows Program

2:58 P.M. –

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Ms. Chu objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

2:48 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. Con. Res. 72.

Considered under suspension of the rules.

Ms. Chu moved to suspend the rules and agree to the resolution.

S. 1405:

to redesignate the Longfellow National Historic Site, Massachusetts, as the “Longfellow House-Washington’s Headquarters National Historic Site”

2:46 P.M. –

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

2:40 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 1405.

Considered under suspension of the rules.

Mr. Rahall moved to suspend the rules and pass the bill.

S. 1609:

to authorize a single fisheries cooperative for the Bering Sea Aleutian Islands longline catcher processor subsector, and for other purposes

2:39 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by voice vote.

2:33 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 1609.

Considered under suspension of the rules.

Mr. Rahall moved to suspend the rules and pass the bill.

H.R. 1061:

to transfer certain land to the United States to be held in trust for the Hoh Indian Tribe, to place land into trust for the Hoh Indian Tribe, and for other purposes

2:32 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion that the House suspend the rules and agree to the Senate amendments Agreed to by voice vote.

2:22 P.M. –

DEBATE – The House proceeded with forty minutes of debate on agreeing to the Senate amendments to H.R. 1061.

Considered under suspension of the rules.

Mr. Rahall moved that the House suspend the rules and agree to the Senate amendments.

S. 2906:

to amend the Act of August 9, 1955, to modify a provision relating to leases involving certain Indian tribes

2:21 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by voice vote.

2:19 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 2906.

Considered under suspension of the rules.

Mr. Rahall moved to suspend the rules and pass the bill.

S. 1448:

to amend the Act of August 9, 1955, to authorize the Coquille Indian Tribe, the Confederated Tribes of Siletz Indians, the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw, the Klamath Tribes, and the Burns Paiute Tribe to obtain 99-year lease authority for trust land

2:18 P.M. –

Motion to reconsider laid on the table Agreed to without objection.

On motion to suspend the rules and pass the bill Agreed to by voice vote.

2:16 P.M. –

DEBATE – The House proceeded with forty minutes of debate on S. 1448.

Considered under suspension of the rules.

Mr. Larsen (WA) moved to suspend the rules and pass the bill.

2:15 P.M. –

The Speaker announced that votes on suspensions, if ordered, will be postponed until a time to be announced.

2:04 P.M. –

ONE MINUTE SPEECHES – The House proceeded with one minute speeches.

2:03 P.M. –

The House received a communication from Scott Schloegel, Chief of Staff, Congressman Bart Stupak. Pursuant to Rule VIII of the Rules of the House of Representatives, Mr. Schloegel notified the House that he had been served with a subpoena for testimony, issued by the United States District Court for the Eastern District of Michigan, and that after consultation with the Office of General Counsel, he had determined that compliance with the subpoena was consistent with the privileges and rights of the House.

The House received a communication from Bart Stupak, Member of Congress. Pursuant to Rule VIII of the Rules of the House of Representatives, Mr. Stupak notified the House that he had been served with a subpoena for testimony, issued by the United States District Court for the Eastern District of Michigan, and that after consultation with the Office of General Counsel, he had determined that compliance with the subpoena was consistent with the privileges and rights of the House.

2:02 P.M. –

PLEDGE OF ALLEGIANCE – The Chair designated Mr. Chaffetz to lead the Members in reciting the Pledge of Allegiance to the Flag.

The Speaker announced approval of the Journal. Pursuant to clause 1, rule I, the Journal stands approved.

2:01 P.M. –

Today’s prayer was offered by the House Chaplain, Rev. Daniel Coughlin.

2:00 P.M. –

The House convened, returning from a recess continuing the legislative day of December 14.

12:42 P.M. –

The Speaker announced that the House do now recess. The next meeting is scheduled for 2:00 P.M. today.

12:31 P.M. –

MORNING-HOUR DEBATES – The House proceeded with Morning-Hour Debate. At the conclusion of Morning-Hour, the House will recess until 2:00 p.m. for the start of legislative business.

12:30 P.M. –

The Speaker designated the Honorable Gary C. Peters to act as Speaker pro tempore for today.

The House convened, starting a new legislative day.

Don’t Believe the Hype about Today’s Court Ruling on the New Health Care Law


National Women's Law Center

Help Spread the Word
All we’ve got are the facts and you — 2 out of 3 judges have found the health care law constitutional. So why is the conservative media saying the law is at risk? Forward this email to your friends and help us fight the misinformation machine.

The headline should read, “2 out of 3 judges have found the new health care law constitutional,” but we have a feeling the conservative media machine has something else up its sleeve.

After being unable to stop the passage of the new health care law, opponents decided to try to challenge the law in court as unconstitutional. So far two courts have rejected these challenges — a Michigan court and another court in Virginia which found the law constitutional. However, today a judge in Virginia has handed down the first ruling that one piece of the law is unconstitutional. This judge has no greater authority than the other two but that is no matter to conservative media pundits, who have sounded the alarms for the death knell of the health care law.

We need your help to spread the word — forward this email to five of your friends today.

Millions of women across the country are already benefiting from the new health care law. Since September 23, insurance companies can no longer drop you when you become sick or deny health coverage to children with pre-existing conditions. Also, when you enroll in a new health plan, you no longer have co-pays for recommended preventative health care services like mammograms and pap smears. And the law provides even more relief to women, like making it illegal to charge them more than men for insurance. But opponents of the new law just don’t care.

Make no mistake — the minimum coverage provision that was struck down in this one court is an important piece of the new law that will help ensure the success of the important insurance reforms that will end the harmful and discriminatory insurance practices that women have faced. While we are certainly disappointed in today’s ruling, it is not the final word. The conservative media machine shouldn’t use this one ruling — one of three — to undermine the health care law we’ve all worked so hard to pass.

Not so fast — we’ve got the facts. Help us spread the word that the sky is not falling, the insurance companies have not won, and the health care law is alive and well. Forward this email to five of your friends today.

Opponents of the law are not going to stop. We know that they will try to fight the law all the way to the Supreme Court. But we are confident that this important law is constitutional and will be fully implemented to the benefit of millions of women and families around the country.

Interested in the status of the legal challenges to the health care law? Check out this helpful chart from the Washington Post.

Sincerely,

Lisa Codispoti Lisa Codispoti
Senior Counsel
National Women’s Law Center

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