Wednesday, June 15, 2011
Ethics Complaint Filed Against Speaker Boehner: For defending the indefensible with other peoples money
Earlier this year the US Justice Department decided and I believe they made the right decision to no longer defend DOMA or the "Defense of Marriage Act" in court. Which is their right to do so, in March John Boehner Speaker of the House filed to defend this law in court from the Speakers Office. He does not run a Legal Office or have the resources to defend this law in court. So the question is where is this money coming from, especially in a time that Speaker Boehner has pointed out correctly that the Federal Government has huge financial issues that it has to deal with. Where he believes the Federal Government is "broke". In a time where the House of Representatives is looking to cut everything in the Federal Budget, except in areas where most of the money is. Like in National Security and Entitlements and Tax Cuts for High Earners and Corporate Welfare. Where is the Speaker getting the money to finance this Legal Defense a Legal Defense that is not cheap. Which is why its usually handled by a division in the Justice Department, where they have the resources to take on these Legal Issues. Speaker Boehner has claimed that he's taken funds from areas in his office or budget or other cuts in the Federal Budget to finance this Legal Defense. But is that legal, would it be legal for the Speaker to raise money from Private Contributions for this Legal Defense. A Legal Defense by a Federal Official, which the Speaker of the House clearly is as well as a Constitutional Officer. Must finance their Official Work out of the budget from their office or seek additional funds from Congress. Which will never happen because the Democratic Senate and the White House would never go along to financing this Legal Defense. So from what legal source is Speaker Boehner getting the funds for this Legal Defense.
Thats just the issues with how the Speaker is financing his Legal Defense, which is important enough because its gets to the ethics of our Public Officials. DOMA as far as I'm concern is unconstitutional on a couple grounds, it butt ins to an area thats govern by States. States govern marriages in America and decides who can get married and whether those marriages would be recognized or not. DOMA is a violation of States Rights and Local Control as far as I'm concern. But thats just a practical issue with it, the main problem with DOMA as far as I'm concern. Is that its unconstitutional because it violates the Equal Protection Clause. Because it denies people the ability to get married because of who they are and not what they do. Gay People are people to, note the word people in Gay People and have the same rights and protections under the US Constitution as Straight People. But DOMA violates that, President Clinton who's someone who I like a lot and have a lot of respect for as President and now a Private Citizen. Signed DOMA into law as President in 1996 and now regrets that decision and for good reason. Because it is an Unconstitutional Law that doesn't deserve to be defended in court especially by the Federal Government. Because one of their jobs is to defend the Constitutional Rights of all americans not just some.
Because of this new issue with Speaker Boehner's Legal Defense of DOMA, I believe his Legal Defense will stop before it gets started. Because the Speaker won't be able to raise the funds to defend it legally. And the Justice Department certainly won't give the Speaker's Office the money and resources to mount a credible defense. Nor do they have to because they are against the law to begin with in the first place.