It seems like Republicans are always talking about the Law of Unintended Consequences. The "Law" is frequently cited as reason for not passing any new legislation–especially legislation that would regulate the private sector or help everyday Americans. They argue that any law passed by congress will always have hidden consequences that are both negative and unforseen by the authors.
And they may be right. A few unintended consequences may have accompanied the recent Republican attempt to legislatively erase ACORN from the face of the earth, or at least cripple them. While nobody would excuse the recent actions of two ACORN employees, congressional reaction seems very clearly aimed at the entire organization, rather than those who actually may have done something wrong. ACORN receives some federal funding, and the recently-passed bill (the "Defund ACORN Act") blows that aid away, forever. One might ask "why not just prosecute the offending employees? Why attack and cripple a nationwide organization that does a lot of good for poor and middle class Americans based on the behavior of just two people?"
Might the answer have anything to do with the huge number of heavily Democratic-leaning voters registered every year by ACORN?
You betcha.
Could it be that Democrats were so afraid to be seen defending ACORN that they couldn’t surrender fast enough?
Absolutely.
Was Congress in such a rush to condemn ACORN that they may have shot both their own feet off?
Sure looks like it.
To pick up the story from Huffpo:
Going after ACORN may be like shooting fish in a barrel lately — but jumpy lawmakers used a bazooka to do it last week and may have blown up some of their longtime allies in the process.
The congressional legislation intended to defund ACORN, passed with broad bipartisan support, is written so broadly that it applies to "any organization" that has been charged with breaking federal or state election laws, lobbying disclosure laws, campaign finance laws or filing fraudulent paperwork with any federal or state agency. It also applies to any of the employees, contractors or other folks affiliated with a group charged with any of those things.
In other words, the bill could plausibly defund the entire military-industrial complex. Whoops.
Rep. Alan Grayson (D-Fla.) picked up on the legislative overreach and asked the Project on Government Oversight (POGO) to sift through its database to find which contractors might be caught in the ACORN net.
Turns out that many major defense contractors–some whoppers–were indeed caught. And therein lies a nasty little congressional double-standard. Where are the bills castigating these companies? Where’s the outrage? Why hammer little ACORN and not Haliburton?
There may be a yet another useful twist here. While the main thrust of Grayson’s effort so far appears to be aimed at defense contracting fraud, it could just as easily apply to our friends in the health insurance sector. (Think Medicare fraud. Think lucretive State and Federal worker insurance contracts.)
Importantly, Reprentative Grayson has only a short window of time to compile a "fraud-list"–his deadline is is this Friday, Sept. 25th. He is asking for help, so he’s crowdsourced the problem and set up a simple online form where anyone can quickly enter the name of a suspected fraudulent company to be added to the list. A portion of the list itself is viewable here.
One way to contribute is to google a favorite health insurance company name with the word "fraud", or some similar term. For example, googling "fraud" and "Blue Cross" brought the following up in about five seconds:
$9 million settlement in Blue Cross fraud suit
Blue Cross of California agreed to pay the federal government $9.25 million to settle Medicare fraud accusations brought by a former auditor, the U.S. Justice Department said Monday.
The whistle-blower, a Blue Cross auditor named Vipul Vaid who worked out of the company’s Oakland offices, accused the insurer of falsifying data in the company’s role as a Medicare fiscal intermediary, or watchdog. The role requires the insurer to audit Medicare claims submitted by hospitals, nursing homes and other providers of services to Medicare recipients.
Then, simply go to Grayson’s list, enter the offending company’s name, and paste the article link (or other documentation). Once verified, the entire crowdsourced list of fraudulent nominees will be entered into the Congressional Record.
In the case of the ACORN bill, Republicans may soon discover the unintended consequences of their sham fraud legislation. The fraud simply won’t be where they thought they’d find it.



17 Comments







After finishing this, I see that Digby has a piece up this evening covering this same ground. Her piece is here.
This is delicious! I thought of Blackwater right away. But Alan Grayson had beat me to it.
Yeah, everyone is thinking defense–but I think much more productive, and timely, to hit the health insurance sector. There’s a TON of low-hanging fruit out there, and it might be helpful in the hcr battle.
Well done. Short and sweet. However, (IANAL) what will Grayson’s Congressional Record stunt actually do? It seems like an amusing but toothless act. It would be more to the point if someone found a way to force this law to be applied equitably — against every pig at the federal trough, irrespective of its “owner”.
Hey Holly–thanks for reading.
As I read it, the statute is written so broadly it includes:
organization can mean anything–company, corporation, non-profit.
Further,
So the bill indeed would apply to a huge range of companies who have committed fraud, and not just in the defense sector, but in the healthcare sector. Such companies could not hold govt. contracts, likely could not enter the govt. healthcare exchange.
That is Grayson’s point. If congress wants to punish ACORN for malfeasance, they have to add ACORN to a huge list of companies whose fraud will dwarf ACORN in comparison.
The fact is…if they don’t apply it equitably it is a
“Bill of Attainder” and thus unconstitutional.
here’s a recent example of the voiding of a Federal Law because it applied only to a specified. identifiable group who had not committed a crime.
http://www.law.cornell.edu/sup…..tml”>U.S. v. Lovett, 328 U.S. 303 (1946)
http://www.constitution.org/ussc/328-303.htm US vs. Lovett
Gollee, these intertubes iz amazin.’
Stupid Repuglicans can’t even draft legislation that does what they want.
Thank you Rep. Grayson: I’m sure this is just the first step.
Following procedure can produce interesting effects. Reid and Pelosi et. al. should try it sometime.
Hey a truly bipartisan piece of legislation! Talk about your unintended consequences!
This piece deserves to be frontpaged, given the topic and time sensitivity. Thanks CO!
The Katrina “rescue” seems ripe for fraud candidates as well.
With this standard, FEMA and the American Red Cross would be shut down because of the actions of a few during the Katrina recovery effort.
Following up on my recent Seminal diary, that included the language of the various passed versions of vindictive House and Senate ACORN-punishing (unConstitutional Bill of Attainder) legislation, I can update the status of the pending, similar, but standalone, Johanns Senate bill, S. 1687, whose full text is now available:
As indicated by the Calendar number, Harry Reid did as expected Monday, via Dianne Feinstein (who was on the floor managing the Interior Appropriations Bill), by having Feinstein object to further proceedings following the second reading of the Johanns bill, so as to speed its floor consideration by bypassing committee review, sending it instead directly to the Calendar (using the provisions of Rule 14, as Kagro X explains further, via links in comments to my diary).
Here’s Feinstein Monday, obediently completing the Rule 14 process that Harry Reid started last Thursday:
Placed on the calendar, that is, ready for floor action, at the whim of the Majority Leader, who has intentionally bypassed all committee consideration of this legislation.
It’s interesting to note how Johanns’s yet-to-pass standalone Senate language, promoted by Reid, conforms itself, somewhat, to the language that the House passed last Thursday. Johanns has adopted some pseudo-general language (though less than the House version, the unintended excesses of which Grayson is rightly targeting, as noted in this diary) that’s designed – at least in the House bill – to semi-disguise the naked singling out for legislative punishment of ACORN, which the two short, already-passed Senate amendments of Johanns so plainly do.
As Jim White has rightly noted, these bills equate mere indictment, with conviction/guilt, on top of all their other ills.
FYI, here’s a bit explaining the need for a genuine legislative purpose in such bills, in order to make them something more than punitive and unlawful Bills of Attainder, from a post by Eugene Volokh (who was the first to raise this concern about the original Johanns amendment, I believe):
powwow, thanks for the senate-side news. Now all it takes is an indictment. In which case, I’m pretty sure the two houses have completely trashed their own health insurance.
Congratulations, and keep up the good work, Congress
If any “organization” and “filing fraudulent paperwork” are the standards, why not defund the CIA? Remember all those non-existent or misleading briefings to Congress?
Great diary, CO. Sorry I missed it last night.
What about Halliburton?
One of many:
http://www.halliburton.com/pub…..21109.html
top of the list!
Sorry I missed this article, too. I would have referred to it from mine.