Friday, July 11, 2014

Boehner's "Lawsuit"

The GOP Clown Car Becomes Ambulance Chaser
To make this work you have to catch the ambulance...right?

Now, first of all, the blog's visitors must -- MUST -- stop laughing. This is not only serious business, but in the interest of good taste, the entire matter is also one meriting a significant effort for empathy and sincere compassion..

Although we might find ourselves "deep in the bowels" of what we might consider a Christian nation, why, exactly, is MeanMesa so eager to promote this biblical virtue with respect to the Republicans?

Well, things have not been going well for them -- in fact, things have been going horribly.

At first blush we "little people" might agree with that appraisal based on issues such as public opinion and the like, but, if we took that approach, we'd be "missing the boat." Republicans have  -- of late -- had no problem whatsoever completely disregarding public opinion. For both the routinely grey traditional GOP looters and their grotesquely soiled, red haired "acquaintances," the tea bags, the only opinion that really counts is delivered by lobbyists and think tanks but, in truth, has actually descended from the lofty atmosphere of country clubs, private islands and gated communities with guards.

It is precisely those elite opinions which explains why things are going horribly for them. The oligarchs are becoming -- shall we just say -- restive. For a political parasite such as one of these conveniently obedient, sniveling Congressional miscreants, there is no sound on Earth more terrifying than the sobs of a billionaire whining.

There is a grisly relevance with all this ranting and raving. One of the highest priorities in the orders from the billionaires to the Congress is to keep the Party's base of hill billies and bigots absolutely "bulging to the gunwales" with festering hate, fear and bile -- and especially, with Obama hatred. The oligarchs have invested very heavily in the glacial flow of twisted misinformation to accomplish this.

Since the other shenanigans of the House Republicans had all essentially lost steam at the same time, something new and different became urgently necessary. Rising to the occasion, some pimply little GOP think tanker, no doubt sitting in his mother's basement, cooked up the "let's sue the President" scheme after finishing his daily bag of potato chips and his afternoon nap's sloppy wet dream fantasy starring Greta Van Susteren in sensible brown shoes.

For the bumbling oligarchs, the thing caught on at once. In fact, the idea seemed to have been "made in heaven." The official order hit House Speaker Boehner's office on the red telephone, and "Ohio's Orange Defender" was on the microphone as soon as his staff could sober him up enough to quit crying.

Of course, the controlled "press conference" [When the oligarchs and media moguls say "it's news," it's news.] announcing the lawsuit idea almost immediately "turned South" when one of the Communist Liberal Press Reporters attending had the temerity to ask the Speaker about the basis of the lawsuit. Since the overly excited, salivating oligarchs hadn't actually gotten that far in the design of their scheme, Boehner had no idea what to say beyond "That is to be announced" -- meaning, of course, that it will be announced as soon as the owners of the Republican Party can cook up something or other which might sound convincing to the base and tell him what to say.

Boehner's Mighty Lawsuit Hits the Ground Running
No, stop! Not that way. This Way -- run this way.
8,000 lawyers should be enough... 

What can we expect if the oligarchs actually blunder forward far enough to file this baby? But wait...BREAKING NEWS! [MeanMesa took a break from this post to tune in Dr. Maddow.] Boehner just "revealed" the basis for the big lawsuit. The oligarchs' super PAC lawyers and bunker dwelling  think tanks have now obviously settled on a their "choice!" They're ready to bet the farm.

Injured party? LMAO [image]
The big boys told Boehner that Obama's Executive Order granting a year delay in enforcing the ACA mandatory health insurance requirement for employers is going to, well, "just the ticket" -- the exact "ticket" that will enrage the already enraged base enough to get them to the polls in November.  The choice is not surprising. If there is a single part of the ACA which has plunged an ice pick into the rancid spleen of craven "big business," this is it.

However, right away MeanMesa sees some clouds on the horizon for the Congressional hill billies. For one thing, the giant tea bag tank farm where the hate and racist fury is stored isn't nearly as full as it was even a year ago. In the last few months one artificial "outrage" after another has quietly expired at the hands of the convicted car thief, Issa, in the House oversight committee hearings.

Benghazi, the IRS scandal, Fast and Furious and the rest must have seemed to have been great choices at the time for agitating the GOP base into an even higher state of hysteria, but just like old box cars full of manure leaving the tracks in a high speed train derailment, each one has "hit" the weeds, blown apart and tediously evaporated.

The problem this public relations lawsuit will have is going to be a repeat of the problem all the other scandals have had. It's so nuanced and complex that the educationally challenged Republican base is not going to be able to understand it. When the Koch buses haul in the wheelchair riding tea bags for a little "issue re-framing" on this one, all those puzzled red noses and dull eyes will keep glancing at the protest signs supplied to them, trying to figure out why they are supposed to be mad as hell.

It will be like the Wisconsin re-call except with better spelling.

MeanMesa actually had a huffing and puffing, "notable tete tete" with a grumbling tea bag on this very topic when the Executive Order was first issued. 

"Obama should be impeached!" 


"Because he broke his own damned law on ObamaCare."

"What did he do?"

"He's playing favorites...only enforcing it, well, some companies don't have to...I that government insurance for their workers. He should get impeached!"

"If you intend to parrot out the talking points, YOU HAVE TO ACTUALLY LISTEN TO WHAT THE TALKING POINTS ARE."

The GOP's Grand Strategy
It's grand if FOX says it's grand.

Venue is probably the first hurdle the tea bags will face. Oh sure, the oligarchs own the Supremes, but a lawsuit like this one will have to patiently crawl and claw its way through the legal system's "stations of cross" before it ever gets to the puppet Supremes. That means at least a Federal Court before it gets kicked upward, and most likely even a few tiers of lower courts before that.

Don't kid yourself -- the oligarchs own a nice collection of courts from the state level on upward to the dizzying heights of the Robertson gang's turf, but they don't own them all. There are still a good number of "actual courts" sprinkled across the country, and they are still functioning in a fairly Constitutional, judicial manner. 

MeanMesa expects this case to ram full speed into the block wall of repeated "trivial lawsuit" dismissals before the mess lands in one of the sold-out courts belonging to the oligarchs. However, that won't be as discouraging as it might first seem for the Obama hating tea bag Crusade. They have extremely "thick skin."

Just remember, this is the same bunch that repealed ObamaCare 48 times in broad daylight, so a few dozen dismissals on triviality grounds should be a "walk in the park" for them. It, of course, isn't even an actual lawsuit. It is a public opinion manipulation scheme. Some judges won't touch it with a stick, but others will see it as a career opportunity.

They will be dreaming of their new job at FOX as a legal consultant or sitting in some sweet little, over decorated spot on K Street as an over-paid lobbyist. The likes of the Koch brothers and Adelson "remember" their friends. So do sold out GOP Congressmen.

So, What Can Be Done?
What's good for the Goose is good for the Gander...

MeanMesa thinks that Speaker Boehner simply has "too much time on his hands." Really. How many hours of his day does it take to answer his phone to receive marching orders from the billionaires?

So, a thought arises. If the Speaker just had something else to do besides being a full time shill for the plutocrats, maybe he wouldn't wander into these sketchy think tank PR scams. But, what else could the Speaker be doing? There hasn't been any legislation passing through the House for years.

Hee hee. The Speaker could be defending himself and his band of hateful merry thieves from a lawsuit naming them as defendants!

Now, even though the very idea might seem, at first, to just be sweeter than a quadruple butterscotch sundae, it faces the same problem that confronted Boehner's scam. There has to be an actual issue, and for ambulance chasing at this level, there just about has to be material damage. There would also have to be an injured party.

Hmmm. Now we are actually getting somewhere.

The defendants illegitimately seized control of all expenditures from the US General Fund. [The House GOP shysters are not a majority party. 2 Mn more votes were cast for Democrats than Republicans. The crooked GOP election crimes department took care of the rest.] As a result, while taxpayers keep paying taxes -- a portion of which was dedicated to maintaining the country's infrastructure -- the Congress has failed to perform its duties.

Plenty of Americans have suffered material damage as a result. In fact, the injured party is manifold. The only Americans who have "profited" from the scheme have been billionaires and corporate oligarchs.

With these guys in control of the House we didn't build any more roads, we only built more billionaires.

Still, there has to be a statutory reference upon which the infraction might be proved. The simple fact that the House Republicans are ass holes and crooks won't cut it. MeanMesa began pondering a basis for a nation wide class action lawsuit. What emerged is delightfully arcane, but it just might do the trick.

While "unlawful detainer" is typically a real estate statute protecting property owners from someone who illegally retains control of property [such as an apartment or warehouse, etc.] without performing the lease contract [by not paying rent or by becoming a nuisance, etc.], the basis seems to have a certain strange applicability to this problem. The "real property" in this case would be the tax dollars in the general fund. What amounts to the "lease contract" would based on the oath of office all the throw backs took when they assumed power, obligations further defined by the US Constitution.

The House tea bags "promised" a certain minimum of diligence to these needs with their oath.

Any kind of contract establishes rights and duties between the contracted parties. It is our duty as tax payers to pay our taxes, and it is our right to have at least some of that money be spent maintaining our roads, schools and government property. The Congress has the right to control expenditures from the General Fund, but it has the duty to maintain the infrastructure of the country.

unlawful detainer
n. 1) keeping possession of real property without a right, such as after a lease has expired, after being served with a notice to quit (vacate, leave) for non-payment of rent or other breach of lease, or being a "squatter" on the property. Such possession entitles the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. 2) a legal action to evict a tenant or other occupier of real property in possession, without a legal right, to declare a breach of lease, and/or a judgment for repossession, as well as unpaid rent and other damages. Such lawsuits have priority over most legal cases and therefore will be calendared for trial promptly

Of course there are plenty of other damages, but lawsuits work best when they are highly specific. In this case, one really solid complaint will be enough.

However, even a favorable ruling in a court with jurisdiction couldn't force this Congress to actually behave. There is no statutory definition of a functioning Congress, but the sting of losing might accomplish two things.

First, it would distract the tea bag thugs from their tax gobbling scheme of suing the President. While there are no credible estimates of cost of such a suit, it would almost certainly amount to millions of dollars.

Second, even though the basis for such a Congressional lawsuit might be too complicated for the GOP base to comprehend, the fact that Congress -- as defendants -- lost in such a public class action lawsuit based on mismanagement and dereliction would be understandable to the late night crowd at the American Legion beer hall.

The "unlawful detainer" type suit is famous for moving fast. Boehner's plan for suing the President is, by design, going to move very slowly -- slowly enough that the maximum PR advantage can be accomplished as it painfully drags itself along toward November. FOX's mouth junk pundits are already doing push ups to be in shape for the broadcast hate marathon.

By the time work product is slowed to accommodate the scheduling requirements of the sold out talk shows and the editorial board of Murdoch's Wall Street Journal, Boehner's lawsuit will take longer than Rip Van Winkle napped.

The Congressional Litigative Wet Dream
We're just positive that everyone's going to love this...

One might have expected the minority rulers of the House to be just a bit more contrite given their shaky Constitutional claims to leadership, but -- far from being contrite -- what we see is exceptional hubris. MeanMesa reads this as a serious tactical misstep on the part of the interlopers.

The perfect storm inhabiting the minds and ambitions of the oligarchs is to have this thing "catch fire" with their imaginary electorate, roar unabated to a seizure of the Senate in November and usher in the Silver Chalice -- a chance to impeach the President.

This bunch has repeatedly demonstrated their political machine's inability to win national elections, but the billionaire instigators of all this mayhem have never accepted as fact that this means they don't get to run everything anyway.

MeanMesa's compliments to the President.

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