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Quick Analysis

The Obama Administration’s disturbing negligence in foreign affairs

A disturbing attitude from America’s Commander-in-Chief and his appointees was in full view during the past week.

On Capitol Hill, former Secretary of State Clinton testified that she didn’t see and wasn’t informed of numerous, desperate pleas for additional security at the Benghazi facility. It’s a lose-lose situation for her; either she was negligent in her oversight responsibilities, or her judgment was so poor in the matter that it led to a disastrous result.

There was little or no discussion of why the Administration helped topple former Libyan leader Muammar Gaddafi, who had moved to the same side as the U.S. in fighting al Qaeda and the Moslem Brotherhood. This pointless and counterproductive move gave rise to the conditions which resulted in the chaos that gave rise to the Benghazi attack, just as the President’s reckless and premature withdrawal of troops from Iraq gave rise to the conditions that allowed ISIS to come to power which, in turn, resulted in Iran’s huge growth of influence in the Middle East as the only force on the ground willing to take them on.

At the White House, Mr. Obama threatened to veto what is, essentially, his own defense spending bill in an effort to close the Guantanamo Bay prison, where terrorists are housed in a setting where no American civilians can be harmed. He also seeks to use his veto threat as a way of forcing Congress to comply with his effort to shift funds from the defense budget, which is substantially smaller than when he took office, (and accounting for only 18% of the federal budget and a significantly lower share of GDP than it has for decades) to entitlements (although not social security) which have expanded greatly, without any success in reducing poverty.  Speaking of things Cuban, the President has also failed to explain why, one month after Havana agreed to allow the Russian Navy to return to its cold war base on the island nation, he, strangely, rewarded this threatening action by restoring relations with Castro’s government.

The President, it has been noted, has failed in the past to regularly attend his own staff’s national security briefings. He appears uninterested at a time when troubling events, some of which are the results of his own inattention, are placing the world in greater danger than at any time since the conclusion of the Second World War.

Throughout the tenure of the current White House and throughout the stewardship of both Secretaries of State Clinton and Kerry, there has been an almost childlike attitude towards international affairs. The President and his appointed Secretaries of State seem to believe that if they simply pretend a threat doesn’t exist, it will go away. Those who disagree with this reality have only one alternative explanation: the President believes that it is America that is causing the world’s problems, a conviction that is contrary to the facts. In this line of thinking, it better to let others—Russia, Iran, etc., take the lead. If this is, indeed, his belief, he has not had the honesty or the courage to share this view with his constituency.
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Mr. Obama is determined to pursue his expensive (and so far, unproductive) domestic agenda at all costs. But presidents do not have the luxury of simply ignoring 50% of their responsibility.  They can neither focus on domestic affairs to the exclusion of foreign affairs, nor vice-versa. They do not have the moral or Constitutional right to completely reverse course on key areas of policy and practice, in this case national defense and foreign affairs, without a candid disclosure of intention to Congress and the people.

Since the current administration came to power, and as a specific result of White House actions, the already weakened American military has shriveled to a dangerously low level, unprecedented since before the attack on Pearl Harbor.

Additionally, relations with allies have deteriorated to an extraordinary degree. The United Kingdom, Poland, Philippines, and Israel are all prime examples.  There is staggering loss of trust in the dependability of Washington as a partner for safety and peace.

Truly bad actors on the international stage seem to have been given carte blanche to engage in the type of actions that has typified aggressors throughout history.   Russia clearly seeks to regain the full international power of the Soviet Union, with a new military that is far more efficient and modern.  China, having benefited from its acquisition of American technology (President Clinton’s allowance of a sale of a Cray supercomputer in the 1990’s, as well as cyber-theft) moves confidentially and illegally to exert control over the Eastern Pacific and Indian Oceans. North Korea and Iran move forward with advanced missile and nuclear technology. Terrorist forces, not just in the Middle East but also in Latin America, Africa and Afghanistan have attained unprecedented levels of power and influence.

As all this occurs, the President focuses on boutique ideological issues such as the closing of Guantanamo Bay and continuing his give-away programs to his core constituency.

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Quick Analysis

Downplaying the Ebola threat

The White House’s lack of a timely response to the increasing danger from Ebola is dangerously similar to Mr. Obama’s detached attitude towards other serious threats.

Since first taking office, the Obama Administration has consistently downplayed matters directly related to the safety of the American public from international sources, whether from military threats, terrorism, or illegal immigration.  As the Ebola contagion reaches unprecedented levels in West Africa, nations with direct service to Liberia, including Britain, France, Kenya, Cote D’Ivoire and Nigeria have restricted flights.  The U.S. has not.

The White House  has outlined three steps in response to the Ebola danger:

  1. “Caring for the patient, to provide the most effective care possible, and as safely as possible, to maximize the chances that the patient will recover.
  2. Identifying all people who may have had contactwith the patient while he could have been infectious.
  3. Monitoring those peopleif they develop fever — isolate and care for them, and eliminate any chances that they will infect other people.”

Clearly absent from those steps is a specific concentration on preventing the disease from entering American shores. The White House also continues to downplay the possibility of the disease mutating and becoming infectious through airborne means, though some researchers have expressed concern over this possibility. In a recent New York Times  article, the director of the Center for Infectious Disease Research and Policy at the University of Minnesota, Michael Osterholm, noted: “virologists are loath to discuss openly but are definitely considering in private: … an Ebola virus could mutate to become transmissible through the air.”
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While humanitarian assistance, including the sending of trained medical personnel is universally supported, the White House’s plan to send three thousand troops has raised a number of public safety issues, both for the soldiers themselves as well as for the general public upon their return to the U.S.  The concern became even more salient following reports of an NBC cameraman’s infection, demonstrating that the disease is not containable.

The case of Thomas Eric Duncan, a West African who has become the first person diagnosed in the U.S. with Ebola, clearly demonstrates the danger this malady imposes on the American homeland.

In a 2010 decision the Obama Administration decided  to scrap proposals  first set in place by the Bush Administration in 2005 in response to the potential spread of the Avian flu. It would have given the federal government wider authority to confront the spread of contagious diseases.

Health care workers have discussed fears about the adequacy of their facilities and procedures.  In a Washington Post interview, CDC spokeswoman Abbigail Tumpey admitted that “We as a health care system have to make sure not to let our guard down and be vigilant that patients with Ebola could show up at any U.S. health care facility…”

This lack of attention to what should be a significant priority of the Executive Branch has produced highly undesirable effects. It is similar to the unrealistic attitude Mr. Obama has displayed towards the military buildups by China and Russia,  and his hesitancy to confront Islamic extremism. After six years, the pattern is clear, and the implications distressing.

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Quick Analysis

Senate Roadblocks Legislation

President Obama persistently states that he must take executive action, frequently of questionable constitutionality, due to inaction by the House of Representatives, which is led by Republicans. The major media, including the White House press corps, has not substantively questioned that assertion.

The facts indicate otherwise.  Rep. Lynn Jenkins (R-Kansas) has compiled a list which clearly demonstrates that the House has vigorously passed an extensive amount of legislation, which Senate Majority Leader and key White House ally Senator Harry Reid (D-Nevada)  refuses to bring to a vote.

These are the statistics:

  • 352 bills remain imprisoned on Senator Reid’s desk.
  • 98% of those were passed with bipartisan support in the House.
  • 50% were passed unanimously.
  • 70% passed with two-thirds support.
  • 55 of the bills were, in fact, introduced by Democrats.

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There are two issues at play here.  First, the President has demonstrated a disturbing lack of honesty–and a surplus of partisanship– in his numerous statements about Congress. Second, the White House Press Corps, as well as most of the major media, has utterly failed in their obligation to present thorough, unbiased news to their audience by failing to report these statistics.

By simply and unquestionably reporting the President’s incorrect comments, the Press Corps and the major media are functioning more as a wing of the Administration rather than as journalists.

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Quick Analysis

Is America abandoning its revolutionary ideals?

Tomorrow is July 4th, which we will celebrate with fireworks, parades and barbecues.

But does Independence Day have any meaning, now that our top elected officials and media elites have rejected the core principles which led to the Revolution?

The patriots who bled at Lexington and Concord, froze at Valley Forge, and, against all odds, emerged victorious at Yorktown would hardly recognize what American government has become under the leadership of Barack Obama. Indeed, they would be tempted to rebel against it with the same vigor with which they ousted King George.

The heroes who fought for the “Spirit of ‘76” would be deeply angered at the power- grabbing habits of this Administration.

The British King employed an army of German mercenaries to enforce his will. President Obama has appointed an army of lawyers in the Department of Justice, accountants in the IRS, and bureaucrats in numerous other agencies (particularly the Environmental Protection Agency) to intimidate and control political opponents and citizens, through the use of illegal executive orders.

This brings to mind the fear expressed by Cotton Mather’s grandson, Mather Byles,  who worried that the Revolution could replace “One tyrant three thousand miles away with 3,000 tyrants one mile away.”

The Patriots would not accept the monarchical usurpation of constitutional limits by a President who unabashedly proclaims that “I can’t wait”  for Congress, despite his legal obligation to do so.

This President has had to be rebuked an unprecedented twelve times  by unanimous verdicts of the United States Supreme Court. He is, therefore, a serial offender against the Constitution, and a recidivist lawbreaker.
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Mr. Obama has used his surrogates to directly attack the First Amendment, seeking to cut off a broad national discussion about policy and issues.  He needs to do this because both his domestic and foreign agendas run directly contrary to the American spirit, American form of government, and inherent American rights.

He has sought to limit free speech by supporting international control of, and therefore censorship of the internet.  He has advocated suppressing free speech spending in political campaigns as a way of keeping his supporters in the Senate in office.

He has sought to place federal monitors in newsrooms.  He feels compelled to do this because an open discussion about his extraordinary failures in every area of our national life would be disastrous for his Administration.

He has hijacked whole federal agencies, especially the IRS, and warped them into vehicles to attack political opponents.  On this Independence Day week, it is not inappropriate to mention that the group most directly targeted is the Tea Party, whom this President and his lapdog media despise and fear because they advocate adhering to the Spirit of ’76 and the letter of the law expressed in the Constitution and the Bill of Rights.

Similar to rulers everywhere who fear the freedom of their own citizens, Mr. Obama has repeatedly attacked the right to bear arms, guaranteed in America by the 2nd Amendment, not directly, but through the advocacy of regulations that make that right meaningless. He has expanded the federal government’s actions that invade privacy, making a mockery of the 4th amendment.  Under his rule, he presumes that all powers belong to the Executive Branch unless specifically curtailed by a court, a direct contradiction of the 9th and 10th amendments.

Upon taking office, the President takes this oath: “I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” Clearly, that oath has been violated.

The Constitution reflects the values of our revolutionary forefathers. We should honor them this Independence Day by insuring that the freedoms they fought for are not usurped.

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Quick Analysis

Administration’s odd idea of “victory”

Vice President Joe Biden and former Secretary of State Hillary Clinton have claimed at various times that Mr. Obama’s premature withdrawal of America’s troops from Iraq was a “victory” for the President.  Similarly, they have supported and encouraged the release of terrorists from Guantanamo Bay.

A review of the facts questions that assertion. Al Qaeda and Iran threaten to take over Iraq, a nation that stood on the path of becoming a peaceful, tolerant state at the end of the Bush Administration. Not perfect and facing major challenges, but on its way to becoming a responsible member of the world community, it is now in danger of being in the clutches of terrorists and a terrorist state in the absence of a countervailing western influence.  The battle to take over Iraq has been led by Abu Bakr al-Baghdadi, who was released from Guantanamo Bay by Mr. Obama in 2009.

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An odd concept of success.

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Quick Analysis

White House seen as tilting away from Israel

The announcement this month that Washington would work with and provide financial assistance for the new Palestinian government, comprised of Fatah and Hamas, a terrorist organization, has sparked extraordinary criticism both from the Israeli government as well as Americans concerned over a further incidence of the White House providing assistance to a terrorist organization.

As was seen in the release of the Taliban 5 and the purported gun running to Syrian rebel groups allied with Islamist organizations from the Benghazi facility in 2012, U.S. assistance will again be rendered to those associated with terrorism in violation of American law.

Along with establishing new relationships with Islamist organizations throughout the world, American relations with Israel continue to deteriorate, and many believe it has yet to reach its nadir. Israel national news  recently editorialized that “…eventually (probably after the 2014 congressional elections), you can expect the Obama administration’s rhetoric and actions against Israel to become increasingly hostile.”

The publication points to statements and positions taken by key White House appointees viewed as being significantly anti-Israel:

Defense Secretary Chuck Hagel was one of just four senators who refused to sign a Senate letter in support of the Jewish nation. He has steadfastly opposed unilateral sanctions against Iran to deter the progress of its nuclear weapons program, which most believe is aimed at Israel.

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Obama’s representative to the United Nations, Samantha Powers, once called for an American intervention to halt what she referred to as Israeli “genocide.”

Secretary of State John Kerry has repeatedly blamed Israel for the lack of progress in the region.

While cutting aid to Israel by 5%, the President has increased aid to Syrian rebels and previously sent weapons to Egypt while it was controlled by Islamists.

Israel has legitimate cause for concern.

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Quick Analysis

An imaginary foreign Policy

We appear to have entered a bizarre era when the reality of foreign threats is ignored by our elected leadership, when making sure the military uses environmentally-friendly material is more important than insuring that it performs its primary function of discouraging likely opponents from initiating an assault on us or our allies.

We live in an age were reality is an inconvenience to those making decisions, because reality doesn’t conform to their worldview.

It’s so much easier to simply make a speech, perhaps voice a threat, or even draw a red line, rather than actually make the difficult decision to do what is necessary.

A terrorist shoots up an army base?  That’s not real.  It’s just workplace violence. Ignore it. The Chinese attack their neighbors at sea? Don’t worry.  They are just proclaiming their new status.  Moscow builds their military to unprecedented levels of strength? No problem! The Cold War is over, isn’t it?  Iran is building a bomb and loudly announces that Israel should be turned to ash.  It’s just bluster. Move on, nothing to see here.

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It’s not just in the realm of foreign affairs that reality has become an inconvenience. The proposal to enact measures encouraging the closure of many power plants before substitutes can be built ignores that fact that “green” energy won’t be able to replace the lost electricity within several generations, if ever.  But never mind.

And who needs all that investment in high technology, particularly in the manned space program, when you can go to the latest 3-D science fiction thriller that’s so well filmed it seems like you’re actually in space!  Think of all that money the government can save and turn over to the food stamp program.

And why bother paying attention to the dwindling strength of the U.S. economy as Washington enacts more and more regulations that chase jobs overseas. After all, government programs can provide for all those unemployed.  And if the only jobs that are left are in fast food joints, the minimum wage can be increased so the workers can have a better income.  That may cause many eateries to close, but so what? At least the right thing was done, and the politicians and the unions can all feel better about that.

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NY Analysis

The Misuse of Executive Orders

As this report goes to press, President Obama is expected to make a significant statement concerning his proposal  to reduce carbon emissions from America’s 600 coal-based energy facilities.

Even before the details are released, significant controversy has occurred based on several key points: whether the president has the authority to enact sweeping and substantive measures without the consent of Congress; whether the proposals will be too costly for the depressed U.S. economy (which shrunk 1% during the first quarter of 2014);  whether reducing American energy output will place both the U.S. and our allies in a weakened position; and finally, whether the science upon which the theory of human induced climate change rests is, in fact, accurate.

This week, The NEW YORK ANALYSIS OF POLICY & GOVERNMENT briefly examines the President’s promised use of Executive Orders for the Environmental program. The regulations are expected to be significant, forcing American power plants to cut carbon emissions, and imposing vast costs on the U.S. economy. The President believes that he can engage in actions that will have the full force of law without the consent of Congress.

Weakening the President’s position is his prior failure to guide proposed environmental laws through Congress in his first term. Critics can maintain that the White House at first attempted to comply with the appropriate Constitutional methods, but resorted to an unconstitutional utilization of Executive Orders when he didn’t succeed.

U.S. Constitution: Article 1, Section 1: All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

 President Obama, 2013: Where Congress is unwilling to act, I will take whatever administrative steps that I can in order to do right by the American people.

EXECUTIVE ORDERS

Article II, Section I of the Constitution vests executive power in the President. While there is no mention in the Constitution of executive orders, as chief executive, the President of the United States clearly requires the unilateral ability to take certain actions to fulfill his duties. The President’s role in seeing that federal laws are executed requires no consultation with the other two branches of government. It would be absurd to expect that every deployment of troops, every regular or normal daily operation of federal agencies, and every other normal administrative process be subjected to direct Congressional oversight.

There have been periods of history when Congress has been relatively lenient in its oversight of the President’s use—or abuse—of executive orders. During the establishment of Franklin D. Roosevelt’s New Deal during the Great Depression, Humorist Will Rogers   remarked that “that Congress doesn’t make laws anymore, they just wave at the bills as they go by.”

The online law journal thelegality.com  notes that “While the mandate of Article II seems broad, it also limits the president’s power to only directing the actions of the executive branch.  For example, [former] President Bush’s E.O. 13435 (regarding the limited use of stem cells in research) have a limited effect because they only reach government agencies…The Executive is not a legislator…He is not above the law.”

Although Congress tends not to challenge most executive orders, it has met with success on some occasions when doing so. Several executive orders issued by President Clinton were struck down by the Court in reaction to Congressional objections.

Justice Hugo Black,  in the case Youngstown Sheet & Tube Co. v. Sawyer wrote that an executive order (1) “must stem either from an act of Congress or from the Constitution itself” and (2) an executive order is on dubious ground if it’s “incompatible with the express or implied will of Congress.”

In restricting then-President Truman’s ability to engage in actions which had the impact of legislation rather than mere administrative action, the Court held that an Executive Order not authorized by the Constitution or laws of the United States, cannot stand, and exercises of Presidential authority which have the effect of lawmaking cannot stand because the Constitution vests such power in Congress alone.

There is a keen difference between administrative actions in fulfillment of the law and actually taking steps that affect the law itself, or, indeed, have the same impact as law. This controversy has been evident in the White House’s actions concerning the Affordable Health Care Act (Obamacare.)  The President’s unilateral action in deciding which portions of the law to enforce and which to ignore until sometime in the future when it is more politically expedient to do so has merited extensive and appropriate criticism.

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Writing in Forbes earlier this year, James Powell noted that:

“Apparently President Obama has become convinced that he can make magic with that pen he keeps talking about, the one he plans to use for signing executive orders to revive his beleaguered presidency.  Executive orders are irresistible, because a president doesn’t have to propose anything, debate the issues, endure hearings or solicit votes.  An executive order can be issued in a few minutes — behind closed doors and away from bright lights… Many executive orders are in a twilight zone of dubious constitutional legitimacy if not open defiance of the Constitution, especially when they amount to lawmaking without congressional approval…”

John Malcolm, director of the Edwin Meese III Center for Legal and Judicial Studies, has written in a Heritage publication   that “President Obama has shown no qualms about taking unilateral actions that bypass Congress and ignore important separation of powers principles that are an essential safeguard of our liberty.”

Joel Pollack, writing in Breitbart, provides three criticisms of President  Obama’s use of executive orders:

“The first is that Obama is using executive orders and actions to alter his own legislation. …The second way in which Obama’s abuse of executive power is different is that he has done it to prevent the legislature from acting…the president issued his “Dream Act by fiat” in 2012 not just because Congress wouldn’t pass his version of immigration reform, but to outflank Sen. Marco Rubio (R-FL), who was preparing his own version, embarrassing Obama among Latino voters…The third way in which Obama’s behavior is unusual is that he commands sweeping executive power on some issues while arguing, on other issues, that he has no power to act… There is no constitutional doctrine behind the president’s executive orders, actions, and omissions…”

 

Attorney Gary Wickert, examined some of President’s Obama’s executive orders:

“In the spring of 2012, President Obama issued an aggressive string of executive orders to combat what he viewed as hopelessly-deadlocked Congress. Some of his more controversial, and arguably unconstitutional executive orders are as follows:Directed the Justice Department to stop defending the Defense of Marriage Act;Gave states waivers from federal mandates if they agreed to education overhauls;Changed significant provisions of and the timing of Obamacare;Declared an anti-gay-rights law unconstitutional;Reshaped immigration policy by ordering  the federal government to halt deportation of certain illegal immigrants.
Each unilateral action by the president substituted for a failed legislative proposal.  ‘I’ve got a pen, and I’ve got a phone,’ he said. However, under the Constitution, that is not the way things are supposed to work. “

The President’s use of his authority to implement environmental measures has been a particular source of criticism. The Congressional newspaper The Hill noted that Attorneys general  in 17 states have contended that “the Environmental Protection Agency has overreached in pursuit of President Obama’s plan to counter the effects of climate change via federal regulation.” They maintain that the “EPA, if unchecked, will continue to implement regulations which far exceed its statutory authority to the detriment of the States, in whom Congress has vested authority under the Clean Air Act, and whose citizenry and industries will ultimately pay the price of these costly and ineffective regulations…”

CONCLUSION

The dueling sides for and against the President’s carbon emissions plan will disagree on the specific merits of the proposal.  The far more important debate, however, will have nothing to do with the details of this program and everything to do with whether the United States will continue to be governed by Constitutional provisions clearly calling for a series of checks and balances on the authority of the chief executive.

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Quick Analysis

Scientists Object to White House Climate Plans

The White House released its Climate Change report earlier this month, and will unveil its greenhouse emissions plan within the next few days. Those favoring the concept that human activity has substantially altered the planetary temperature are joined by those eager to use that belief to expand the federal role in the national economy. The Obama Administration and its supporters maintain that the science behind the issue is a settled fact.

Opposing the President’s proposals are numerous scientists who note that their research and findings, (which are contrary to the conclusions espoused by supporters of the human effect on the global temperature theory) have been wholly ignored. They are joined by those concerned that what they describe as faulty or incomplete evidence is being employed to use global warming as an excuse to enhance governmental authority, establish a more centralized economy, and enrich special interests. Some, like the U.S. Chamber of Commerce, cite the astounding cost of the White House’s preferences, estimated at $50 billion annually, as an independent reason to oppose the plan.

With both the President and the media favoring the views of the climate change adherents, relatively little unbiased information has been made available to the public.  But there are crucial objections that should be noted.

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Even some advocates of global warming have objected to governmental intervention. Professor Richard Lindzen of MIT, quoted in infowars.com,  notes that the changes due to global warming are too small to account for.  He stated that in the January 2014 article that  “Global warming, climate change, all these things are just a dream come true for politicians. The opportunities for taxation, for policies, for control, for crony capitalism are just immense, you can see their eyes bulge.”

The President has advocated major policy moves which could substantially and detrimentally impact the American economy and the cost of energy.  Major geopolitical implications will result as non-U.S. providers of  energy sources, such as Russia, Venezuela, Iran, and others benefit from it.

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White House Silence on National Security Issues Reaches Crisis Levels

The extraordinary incompetence of the Obama Administration continues to further jeopardize the safety of the nation and those that serve it.

The startling news that the White House itself released the name of the CIA station chief in Afghanistan was a blow to America’s intelligence gathering capabilities in that region, the homeland of al Qaeda that launched the 9/11 attacks that brought down the World Trade Center, damaged the Pentagon, and killed Americans in the air and on the ground.

There is a direct connection between the failure of the White House to adequately respond to the assault on the US facility in Benghazi and this latest example.  Both incidents demonstrate unprecedented levels of naiveté and disregard in global and national security matters, as well as an apparent lack of attention from the President himself.

The importance of the unanswered questions—the subject of forthcoming Congressional investigations—about Benghazi have been magnified by this latest security mistake.
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Did the President review the Afghanistan information before it was given to the public? If not, why not?  Has Mr. Obama begun attending national security briefings, and even if he has, why did he fail to do so for so long?

These questions are similar to those still extant concerning Benghazi.  Why was the President not in the situation room when that crisis was ongoing?  What role did he, as well as then Secretary of State Hillary Clinton, play in the decision making?There are other existing national security issues that require answers, as well.  Why did the President agree to an arms treaty with Moscow that left Russia with a ten to one advantage in tactical nuclear weapons, and that completely ignored the growing nuclear arsenal of China? Why has the White House strenuously advocated the softening of sanctions with Iran despite Tehran’s blatant actions in furtherance of its nuclear goals? Why have all American tanks been withdrawn from Europe, at the same time that the White House is seeking to kill the Air Force’s tank killing planes? Why hasn’t the President allowed federal lands to be used for energy exploitation in order to soften Moscow’s iron grip on Europe’s energy supply?

The list of vitally important national security questions continues to grow, and the Obama Administration remains silent.