Obama violated Federal Law in Firing an Inspector General

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Inuyasha
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20 Jul 2011, 6:58 pm

blauSamstag wrote:
pandabear wrote:
I'm surprised that Mr. Walpin went this route, as he should have foreseen that it would turn out this way.



It does sort of suggest that he may be, you know, losing his marbles.


He sued based on the principle, though now we know the Inspector Generals are not going to hold people in power accountable for fear of losing their job.



blauSamstag
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20 Jul 2011, 7:04 pm

Inuyasha wrote:
blauSamstag wrote:
pandabear wrote:
I'm surprised that Mr. Walpin went this route, as he should have foreseen that it would turn out this way.



It does sort of suggest that he may be, you know, losing his marbles.


He sued based on the principle, though now we know the Inspector Generals are not going to hold people in power accountable for fear of losing their job.



Or maybe his actions as an IG indicated that he was becoming irrational and obsessive. And he's still irrational and obsessive.



pandabear
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20 Jul 2011, 7:43 pm

He'll be turning 80 soon

http://en.wikipedia.org/wiki/User:THF/Gerald_Walpin

Quote:
Inspector General of CNCS
Appointment by George W. BushOn August 3, 2006, President George W. Bush nominated Walpin as Inspector General (IG) of Corporation for National and Community Service (CNCS), an office in the CNCS charged with conducting independent and object audits, investigations and inspections of the CNCS and its service programs, which include AmeriCorps, Volunteers in Service to America (VISTA) and Senior Corps. After he was confirmed by the U.S. Senate on December 9, 2006, Walpin was sworn in on January 8, 2007.

Americorps investigations
After its May 20, 2009 meeting that discussed Walpin's report criticizing the St. HOPE Academy settlement agreement and Walpin's forthcoming report questioning the validity of the largest AmeriCorps program—the Research Foundation of City University of New York (RFCUNY) New York City Teaching Fellows program, the bipartisan CNCS Board of Directors unanimously requested that the White House review Walpin's conduct as Inspector General.

Removal and lawsuit
Walpin was suspended with pay on June 11, 2009 by President Barack Obama, who on the same day advised the U.S. Congress that he would remove Walpin from office, effective 30 days from then, because he no longer had "the fullest confidence in" Walpin as Inspector General, and on June 16, 2009, the White House submitted a letter with additional information on the reasons Walpin was removed.

On July 17, 2009, Walpin filed a civil lawsuit in federal court seeking his reinstatement as CNCS Inspector General, arguing that his removal violated the 2008 Inspector General Act. On July 20, 2009, Walpin issued a statement saying the primary reason for his lawsuit was to protect future Inspectors General.

On October 19, 2009, the chairman of the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency (CIGIE) notified Walpin that his May 20, 2009 response to an April 29, 2009 complaint about him by acting U.S. Attorney Lawrence G. Brown had sufficiently and satisfactorily addressed the matter and closed the complaint.

On June 17, 2010, U.S. District Court Judge Richard W. Roberts dismissed Walpin's wrongful-termination lawsuit.


The Bipartisan (i.e., including Republicans also) CNCS Board of Directors unanimously requested that the White House review his conduct.

He tried to argue in court that his removal violated the 2008 Inspector General Act. It didn't.

He should have foreseen that he would have lost, and that he would have also lost on appeal.

This suggests to me that, yes, he was probably starting to lose his marbles.



Inuyasha
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20 Jul 2011, 11:32 pm

Funny but here's what your source fails to mention:

The AmeriCorps inspector general fired by President Barack Obama, Gerald Walpin, has been cleared by a federal investigation into allegations that he improperly interfered with a criminal inquiry into alleged misuse of government funds, according to a letter filed in federal court Monday night.

The claim that Walpin withheld evidence in the inquiry into the Sacramento-based St. Hope Academy, an organization founded by ex-NBA star Kevin Johnson, was among the allegations the White House cited when senators asked Obama to justify his firing of Walpin.

In April 2009, the acting U.S. attorney in Sacramento, Lawrence Brown, filed a complaint against Walpin with the Integrity Committee, an entity set up to deal with grievances against agency watchdogs.

"Mr. Brown alleged you hindered his office's investigation of the underlying matters and disregarded Department of Justice policy and his warnings about dealing with such matters in the press," committee chairman Kevin Perkins wrote in an Oct. 19 letter to Walpin. "After carefully considering the allegations described in the complaint together with your response, the [Integrity Committee] determined that the response sufficiently and satisfactorily addressed the matter and that further investigation was not warranted."

In June, after Obama suspended and declared his intent to fire Walpin, several senators complained that the vague letter the president sent to Congress didn't comply with a new federal law requiring the president to inform lawmakers of the reasons for dismissing an inspector general, who is supposed to be independent of political influence.

In a follow-up letter, White House ethics counsel Norman Eisen said Walpin's removal had been sought by the bipartisan board of the Corporation for National and Community Service. Eisen's letter cited a series of problems with Walpin, including that he was "confused and disoriented" at an agency board meeting, that he wasn't candid with other officials and that he "engaged in other troubling and inappropriate conduct."

However, Eisen also made prominent note of Brown's complaint — which has now been resolved in Walpin's favor.

"Upon our review, we also determined that the Acting United States Attorney for the Eastern District of California, a career prosecutor who was appointed to his post during the Bush Administration, had filed a complaint about Mr. Walpin's conduct with the oversight body for Inspectors General, including for failing to disclose exculpatory evidence," Eisen wrote.

Johnson, a former point guard for the Phoenix Suns and Cleveland Cavaliers, was running for mayor of Sacramento as the federal inquiry into St. Hope unfolded last year. He was elected in November 2008. Walpin has asserted that the actions taken against him are a political vendetta for his aggressive investigation of Johnson, who is a Democrat and a political supporter of Obama.

In a civil settlement in April, St. Hope agreed to repay about $400,000 in federal grants, with Johnson lending the group about $72,000 for the first reimbursement. No criminal charges were ever filed. Johnson acknowledged administrative mistakes by the nonprofit but denied any intentional wrongdoing.

The letter clearing Walpin was filed Monday night by his lawyers in connection with a lawsuit he filed asserting that his firing was illegal. As I noted in a blog post last month, the Justice Department has argued that Walpin's firing was legally effective, even if Obama did not give proper notice to Congress.

http://www.politico.com/blogs/joshgerst ... _flap.html

And

By contrast, Grassley, who is something of a patron saint for inspectors general, said the belated clearance of Walpin indicated that the White House allowed the cart to get before the horse when Obama suspended and then fired Walpin earlier this year.

"After getting both points of view, including Mr. Walpin’s, the integrity committee found that the acting U.S. attorney’s complaint had no merit and that there was no need for a full investigation," Grassley said in a statement e-mailed to POLITICO. "Since the White House cited the complaint in its case for firing Mr. Walpin, it’s disturbing that the White House failed to wait for the outcome of the review before firing the inspector general. The process set up for situations like this allows both sides of the story to be heard, and it should have been given a chance to work.”

http://www.politico.com/blogs/joshgerst ... aring.html

Looks more like this dismissal was just for political reasons.

Reason 1 given by White House: He seemed confused and to be losing it.

Debunked by the fact he proves he is competitent.

Reason 2 given by White House, he acted improperly, blah, blah, blah.

Debunked by the fact the investigation found he acted properly and did not commit any wrong doing.

While the Judge threw it out, it should be noted the Judge was appointed by Bill Clinton, so partisanship came into play there too, and he was from the now tarnished Civil Rights division of the Department of Justice.



blauSamstag
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21 Jul 2011, 12:54 am

Inuyasha wrote:
While the Judge threw it out, it should be noted the Judge was appointed by Bill Clinton, so partisanship came into play there too, and he was from the now tarnished Civil Rights division of the Department of Justice.


You're ignoring the appellate court where three judges - two appointed by republicans - also threw it out.

So a total of FOUR federal judges disagree with the topic of this thread.

Give it a rest. You're wrong.



Vexcalibur
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21 Jul 2011, 12:57 am

Clearly, those two judges were democrats who pretended to be republican to get in those positions.


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blauSamstag
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21 Jul 2011, 1:00 am

Vexcalibur wrote:
Clearly, those two judges were democrats who pretended to be republican to get in those positions.


Verily, they are surely RINOs.



pandabear
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21 Jul 2011, 10:13 am

Inuyasha wrote:
Looks more like this dismissal was just for political reasons.

Quite possibly. Although the person doing the firing isn't going to say so in his explanations.

Inuyahsha wrote:
Reason 1 given by White House: He seemed confused and to be losing it.

Debunked by the fact he proves he is competitent.

"Competitent" is a very cute word you've just coined.

The fact that he thought that he had any chance of winning his case, with the argument that his removal violated the 2008 Inspector General Act, indicates that he was indeed "losing it."

Quote:
Reason 2 given by White House, he acted improperly, blah, blah, blah.

Debunked by the fact the investigation found he acted properly and did not commit any wrong doing.


As far as I can tell, all that the law says is

Quote:
SEC. 3. REMOVAL OF INSPECTORS GENERAL.

(a) Establishments.--Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking the second sentence and inserting "If an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer. Nothing in this subsection shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.".

(b) Designated Federal Entities.--Section 8G(e) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking "shall promptly communicate in writing the reasons for any such removal or transfer to both Houses of the Congress." and inserting "shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer. Nothing in this subsection shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.".


It doesn't say that the reasons have to be good, valid, or apolitical.

Inuyahsa wrote:
While the Judge threw it out, it should be noted the Judge was appointed by Bill Clinton, so partisanship came into play there too, and he was from the now tarnished Civil Rights division of the Department of Justice.


It might be interesting to read the legal decisions (sometimes you can find them online). A judge has to base his decision on the facts and arguments as presented. If Mr. Walpin was basing his arguments solely on Section 3: Removal of Inspectors General, then clearly he didn't have a leg to stand on, as President Obama did follow all of the prescribed procedures.

It looks to me like the Whistleblower Protection Act (WPA) might have been applicable. Possibly the Rehabilitation Act (if he was "losing it", although he seemed to want to argue that he wasn't "losing it"). However, if neither Mr. Wilpin nor his lawyers invoked the WPA during the hearing, the judge really can't use it in his decision.



pandabear
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21 Jul 2011, 10:23 am

Here is a House Oversight Report you can read

http://oversight.house.gov/images/stori ... Report.pdf

And here are appended documents

http://oversight.house.gov/images/stori ... 20docs.pdf



Inuyasha
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22 Jul 2011, 12:35 am

pandabear wrote:
Here is a House Oversight Report you can read

http://oversight.house.gov/images/stori ... Report.pdf

And here are appended documents

http://oversight.house.gov/images/stori ... 20docs.pdf


panda, you do realize when this case took place Democrats had a fillabuster-proof senate and control of the House, just because a crime was committed even though congress decided to ignore it for a partisan reason.



blauSamstag
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22 Jul 2011, 8:48 am

Inuyasha wrote:
pandabear wrote:
Here is a House Oversight Report you can read

http://oversight.house.gov/images/stori ... Report.pdf

And here are appended documents

http://oversight.house.gov/images/stori ... 20docs.pdf


panda, you do realize when this case took place Democrats had a fillabuster-proof senate and control of the House, just because a crime was committed even though congress decided to ignore it for a partisan reason.


You're still ignoring the fact that four federal judges say it was legal. Four federal judges who are not beholden to congress or the president.

No law compells or even grants congress the power to overturn the termination of an IG.

This wasn't nice.
This may have been politically motivated
This may have even been unethical.

But it was legal.



pandabear
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22 Jul 2011, 7:10 pm

It may be an indication that more specific laws are needed to protect the IGs.

However, I still don't know why he didn't try to argue that the Whistleblower Protection Act had been violated.

Possibly the WPA doesn't apply to political appointees?

Here is the Relevant Law



blauSamstag
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22 Jul 2011, 7:31 pm

pandabear wrote:
It may be an indication that more specific laws are needed to protect the IGs.


The discussion about the IGRA indicated that inspectors general were wary of specifying a list of acceptable reasons for terminating an IG, and preferred instead simply strengthening the notification requirement.

The idea here is probably that if a president were to want to terminate an IG for some really egregious reason, they would have to know that both houses of congress would know about it.

Which could only serve to prevent rash heat-of-the-moment termination and encourage a more thoughtful approach.

Perhaps the average IG has come to terms with the fact that if a president really wants them gone, they'll be gone one way or another.

Perhaps they worry that if they specify a list of extreme violations of trust, they will surely leave their position having been accused of an extreme violation of trust.

Quote:
However, I still don't know why he didn't try to argue that the Whistleblower Protection Act had been violated.

Possibly the WPA doesn't apply to political appointees?


Must be losing his marbles.

I'm not sure that an IG is a political appointee in the same sense that an AG is. The AG post is so politicized that it is traditional for all AGs to formally offer their resignation when a new president is inagurated -- though these resignations are not always routinely accepted.

That was, I'm guessing, why George W Bush's mid-term terminations seemed so worthy of note. It's perfectly acceptable to sack the lot of them on day 1 - why be so methodical about singling out particular attorneys so late in the game? etc.



Philologos
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22 Jul 2011, 7:34 pm

SIJALI

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