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Category:

From the Desk of Bob Barr

From the Desk of Bob Barr

Washington Snoozes While Foreign Money Continues to Pour Into U.S. Colleges and Universities

by lgadmin November 2, 2023
written by lgadmin

Townhall

The recent hubbub surrounding pro-Palestinian and anti-Jewish demonstrations at major universities and colleges in the U.S. has again drawn attention to the massive, and unaccounted donations made to those institutions, including by foreign governments and other sources; contributions that have become an increasingly important part of the schools’ budgets.

However, if critics are looking for either Congress or the administration to do anything to improve the almost total lack of transparency regarding such money flow, they are in for a long wait.

Uncle Sam has been asleep at that switch for decades, and the Biden Administration has made clear it has no interest whatsoever in continuing its predecessor’s modest effort to enforce long-standing requirements that institutions of higher learning simply report major foreign monetary donations, especially where Communist China is concerned.

Congress has not done much better. A measure that would have strengthened the federal government’s power to examine large foreign gifts to, and contracts with American universities, was stripped out of a bipartisan bill two years ago that was designed to strengthen American innovation. The reasons for the measure’s demise included opposition by the very same universities and colleges that receive significant money from foreign donors, including China, which reportedly had donated more than $400 million in the two years before the measure was deep-sixed in 2021.

Adding to the demise of the extremely modest reporting requirement in the “innovation” legislation, was a jurisdictional turf dispute between two Senate committees with concurrent jurisdiction over the measure.

The reality is that since 1986, when Section 117 was added to the 1965 Higher Education Act, colleges and universities have been required to report foreign gifts and contracts. It was not until 2019, however, that the Department of Education, under the leadership of Secretary Betsy DeVos, got around to actually ordering the schools to start doing what they were supposed to have been doing for more than three decades.

As President Trump’s Education Secretary, DeVos issued a report in October 2020 stating that some 95% of colleges and universities had for years simply ignored the foreign gift reporting requirement. The report also noted that successive administrations and Congresses had failed completely in their responsibilities to enforce the law’s reporting requirement.

The DeVos report threw cold water on the excuse given by the universities for their failure to comply with the federal law – that the reporting requirement was unclear and burdensome. It explained that the schools “manage to track every cent owed and paid by their students” and already report extensively to the IRS on their financial undertakings.

The 2020 report made clear that enforcement of the reporting requirements for institutions of higher learning was not to “police” or stop foreign contributions to American universities, but simply to bring a necessary degree of transparency to the public and to “alert” other government agencies with jurisdiction over aspects of such “entanglements.”

DeVos’ concerns that significant financial “gifts” to U.S. universities come with strings attached and can indeed influence both the education missions of the institutions, as well as potentially harming our national security, are not misplaced. As noted in the report, and elsewhere, the torrent of money flowing into our schools in recent years especially from Qatar, Saudi Arabia, and China, has increased dramatically. A 2011 FBI report focused on just such security concerns, but even that did not awake the Justice Department from its slumber.

In the three years since DeVos issued her report and at least began to demand our universities and colleges report major foreign gifts and donations, the problem has only worsened.

Not only has Biden’s Education Department deliberately stopped enforcing the long-standing law requiring schools to report foreign contributions, but has halted the initiative by Trump to crack down on Chinese espionage more generally, his “China Initiative.” Biden’s Justice Department concluded that Trump’s efforts to identify and limit China’s growing influence in American academia and businesses, was or might be perceived as “racist.” The absurdity of this conclusion has led to a number of important national security prosecutions against Chinese influencers in our country being dropped completely.

So long as our own government continues to turn a blind eye to foreign monetary influences in major U.S. universities and colleges, foreign governments will continue their efforts to influence educational policies and also to steal important technology from us.

Bob Barr represented Georgia’s Seventh District in the U.S. House of Representatives from 1995 to 2003. He served as the United States Attorney in Atlanta from 1986 to 1990 and was an official with the CIA in the 1970s. He now practices law in Atlanta, Georgia and serves as head of Liberty Guard.

November 2, 2023 0 comment
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From the Desk of Bob Barr

by lgadmin November 1, 2023
written by lgadmin

Daily Caller

In August 2022 Congress passed President Biden’s signature “Inflation Reduction Act” without a single Republican vote in either the House or the Senate. There were several reasons for this purely partisan vote, one of which was that the legislation included a mechanism for a major tax increase on many prescription drugs used mainly by Medicare enrollees for treatment of certain cancers, heart conditions and diabetes.

Already flush with the 87,000 new employees authorized by the very same Inflation Reduction Act, the IRS is drafting regulations to start collecting the prescription drug “excise tax,” which can virtually double the market price for the medications.

To win the Senate votes — including hold-out Democratic Sen. Joe Manchin of West Virginia, who switched his vote in favor of the bill at the last-minute following secret parleys with Majority Leader Chuck Schumer — Biden presented the proposed excise tax as a way to reduce the cost of many common, Medicare-covered prescription drugs, rather than what it really is — a measure that will lead to shortages and increased prices.

What Biden and the Democrats actually did was impose price controls on Medicare-covered prescription drugs, disguising them as “negotiated prices” between Uncle Sam and the drug manufacturers. This sleight-of-hand might sound reasonable, even perhaps positive, except for the fact that refusal by any of the manufacturers to “accept” Washington’s proposed prices, would result in a mandated tax on the final, consumer cost of the drugs that would in short order reach 95% — effectively doubling its price.

Moreover, while disguising an “excise tax” as a “price negotiation” may sound great, it does so only until you realize that such government-mandated price controls always come at a cost down the road.

Whether Democrat leaders like it or not, prescription drugs are products that are sold in the real world, where something known as the “marketplace” works to set production, demand and prices.  Like virtually every other product, prescription drugs are available only so long as the manufacturers can afford to produce them and consumers afford to pay.

Once Uncle Sam steps in and mandates an artificially lowered or stable price for a drug, things may appear to work fine for a while, but sooner or later the manufacturer will be forced to make adjustments. This means either cutting back production of the price-controlled drug and making it scarcer for consumers, or making cuts elsewhere, in research and development of other, newer and better drugs. Either way, it is the prescription drug consumers who wind up paying the price.

As explained recently by Jerry Rogers in Real Clear Health, mandated price controls on prescription drugs “will make it more expensive (and risky) [for drug companies] to invest science and resources into cutting-edge research, treatment, and new cures.” His conclusion that the Inflation Reduction Act’s heralded plan to reduce prescription drug prices is “bad medicine,” is supported by the history of government price controls which, as noted by analysts at Americans for Tax Reform, “always fail” as a result of scarcities caused by companies forced to manufacture products below their production cost.

In early October, Biden proudly announced that manufacturers of the first ten drugs mandated by the Department of Health and Human Services in August to be sold at their “negotiated” prices, had agreed to the mandate rather than increase the prices up to the 95% decreed by the legislation. (In the coming months, the Centers for Medicare and Medicaid Services will announce more of the 60 drugs allowed to be “negotiated” under terms of the Inflation Reduction Act.)

The announcement by Biden is at best a temporary and hollow “victory” that in the months and years ahead will give rise to shortages of the very drugs sought to be made more readily available for Medicare recipients. Once this happens, you can bet that the Administration and those in Congress who supported this legislation will blame not themselves, but “Big Pharma” for creating shortages, and who then will call for further government interventions.

Thus continues the cycle of price-control market manipulation, this time with seniors relying on drugs vital to their health and survival paying the price.

Bob Barr represented Georgia’s Seventh District in the U.S. House of Representatives from 1995 to 2003. He served as the United States Attorney in Atlanta from 1986 to 1990 and was an official with the CIA in the 1970s. He now practices law in Atlanta, Georgia and serves as head of Liberty Guard.

November 1, 2023 0 comment
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From the Desk of Bob Barr

Ignorance And Hyper-Partisanship Create Perfect Storm For Political Violence

by lgadmin October 24, 2023
written by lgadmin

Daily Caller

A recent, nonpartisan poll of 2,008 registered voters, conducted by the University of Virginia’s Center for Politics, concludes what many Americans already know, which is that our two-party political system is a chaotic mess. Far more disturbing, however, are the survey’s findings that a significant percentage of voters consider that violence, suspension of democratic norms and states seceding from our union, all are acceptable alternatives to our current troubles.

These troubling findings certainly can, at least in part, be attributed to pronounced ignorance that has for at least a decade, characterized many Americans’ understanding of the structure of our national government. For example, a 2014 survey by the Annenberg Public Policy Center at the University of Pennsylvania found that more than one-third of adults surveyed could not name a single one of the three branches of our government.

Coupled with historic lows in the public’s trust in government, such a disturbing level of civic cluelessness makes the most recent finding by the University of Virginia even more troubling.

Having so many voters remaining fundamentally ignorant about how our government operates, while at the same time having little or no trust in that government, and with some forty percent considering it “acceptable to use violence to stop” those in the opposing political party “from achieving their goals,” is a recipe for disaster.

If voters engaged directly with political leaders and parties, there might be at least some check on these disturbing trends, but, as the Pew Research Center has discovered, the vast majority of Americans get their news the easy way, from “digital devices,” which are by definition more subjective, less transparent and more easily manipulated than direct communication. It therefore should come as no surprise that a majority of Americans now support restrictions on their access to information by government and corporate censors.

All this creates a toxic environment for civil political discourse and which, in the current national political goings-on, makes it difficult to be optimistic things will improve anytime soon.

Former President Trump might have given voice to what many voters felt in their gut but were unwilling to state when, in his 2016 campaign he declared publicly it would be fine for his supporters to “knock the crap out of [hecklers].”

Individual acts of violence against political opponents are one thing. Large scale acts of politically motivated violence are quite another, and efforts by political leaders and media pundits to excuse or justify such actions muddy the waters far more than any single politician can hope to accomplish.

When Democrat leaders and pundits excuse or justify massive acts of looting and arson, such as many of those in the aftermath of the 2020 murder of George Floyd, or when certain GOP leaders downplay the violence at the U.S. Capitol on January 6, 2021 because it was “mostly peaceful,” it smooths the way for individual, aggrieved voters to view politics through that same lens; which is precisely what nonpartisan surveys illustrate.

In this hyper-partisan atmosphere, populated by many participants with little, if any substantive knowledge of the underlying principles or issues, even a legitimate, academic exercise can be mischaracterized as something evil and nefarious, and therefore worthy of the most extreme opposition. For example, the ideas in a recent book on reducing the regulatory powers of the federal government, published by the very establishment Heritage Foundation — Mandate for Leadership 2025 — are labelled “textbook fascism” by a guest on MSNBC’s Morning Joe.

If the ideas in a rather boring, but very academic and substantive book on how to reduce the powers of the federal government are considered to be “fascist,” then there truly is little, if any room remaining in which civil discourse can be advanced in our current political environment.

At the same time, voters who participate in and do have some knowledge of how our political system operates, are witnessing a Republican majority in the U.S. House of Representatives behave in a totally confusing and dysfunctional manner, with no apparent regard for the welfare of the country beyond their own careers.

It therefore should come as no surprise that many Americans have come to adopt alternatives, including those that in the past were considered beyond the pale; whether violence, or as one psychologist at the esteemed Wharton School at the University of Pennsylvania suggests, that we would be better off choosing our political leaders by lottery rather than democratic elections.

Bob Barr represented Georgia’s Seventh District in the U.S. House of Representatives from 1995 to 2003. He served as the United States Attorney in Atlanta from 1986 to 1990 and was an official with the CIA in the 1970s. He now practices law in Atlanta, Georgia and serves as head of Liberty Guard.

October 24, 2023 0 comment
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From the Desk of Bob Barr

Biden’s Visit to Israel in the Throes of a War Actually Is An ‘Inflection Point’

by lgadmin October 19, 2023
written by lgadmin

https://townhall.com/columnists/bobbarr/2023/10/19/bidens-visit-to-israel-in-the-throes-of-a-war-actually-is-an-inflection-point-n2630069

Since taking office early in 2021, President Joe Biden frequently has used the term “inflection point” as a way to add gravitas to whatever issue he is speaking about. In fact, he has used it so often its meaning, or whatever it is supposed to mean, has been significantly diluted. His current visit to Israel, however, which neither Biden nor his media team has described as an “inflection point,” could accurately be seen as such a juncture for Biden and for the Middle East.

In none of the instances in which Biden has employed such rhetoric has he explained exactly what he means by the use of the term. In such linguistic laxity, the president perhaps presumes the reader or listener knows that the term “inflection point” (when not used in its technical, differential geometry context) is defined by dictionary guru Merriam-Webster, as “a moment when significant change occurs or may occur.”

In his October 15th “60 Minutes” interview with Scott Pelley, Biden declared that his principal motivation for seeking a second term despite his advanced age and the myriad domestic problems he continues to face, was because “[t]h world is at an inflection point.” Two days later, America’s commander-in-chief was en route to Tel Aviv – smack dab in the middle of a burgeoning and already extremely bloody war between our close ally Israel and Hamas, one of that country’s most militant adversaries.

What takes place in that region over the coming days, weeks, and months, may very well turn out to be a point at which “significant change occurs.”

By all public assessments, the Jewish State is poised to launch a ground attack against Hamas, whose base of operations is Gaza, the narrow and densely populated quasi-state that lies between Israel and Egypt on the Mediterranean coast.

If Israel in fact engages in a massive military invasion of Gaza, the goal of which would be to neutralize Hamas’ ability to launch future cross-border terror operations such as that on October 7th which resulted in dozens of hostages being taken into Gaza (including several U.S. citizens), the declared “war” between Hamas and the IDF (Israel Defense Forces) would almost certainly expand, probably dramatically.

In this context, the potential stakes of Biden’s wartime diplomacy could not be greater.

If Biden succeeds in convincing Israeli Prime Minister Netanyahu that a massive military invasion of Gaza is neither necessary nor prudent, he will have earned significant kudos by heading off a very dangerous and negative “inflection point.”

If Biden is unsuccessful in heading off a major Israeli invasion (and possible subsequent occupation) of Gaza, the resulting expansion beyond the strict confines of Israel and Gaza — including possible direct military involvement by other NGOs (e.g., Hezbollah) and state supporters of Palestine, such as Lebanon, Syria, and Iran — risks hostilities on a scale actually imperiling world peace.

Tuesday’s hospital blast in Gaza already has complicated Biden’s mission. His plan to meet with Jordanian and Palestinian leaders in addition to Israel’s was “upended” due to the hospital disaster, thereby potentially and severely limiting the possible benefits of his trip to the region.

Still, if his discussions with Netanyahu, and perhaps indirectly with Arab officials while in Israel, results in visible movement to secure the release of Hamas-held hostages (especially Americans), he can legitimately claim a degree of success. If some form of punishment for the atrocities committed by Hamas in its most recent cross-border operations that are seen as short of a massive Israeli military operation into Gaza, even perhaps with limited, non-combat U.S. involvement, this, too, could enhance his administration’s stature, and might at least to a small but significant degree lessen the chances for a much wider conflict.

Any way you look at this presidential foray to the Middle East, it is a very real, as opposed to a merely rhetorical “inflection point.” It is one that should be supported publicly in a bipartisan way here at home – although in today’s hyper-partisan political climate that may be too much to hope for.

Bob Barr represented Georgia’s Seventh District in the U.S. House of Representatives from 1995 to 2003. He served as the United States Attorney in Atlanta from 1986 to 1990 and was an official with the CIA in the 1970s. He now practices law in Atlanta, Georgia and serves as head of Liberty Guard.

https://townhall.com/columnists/bobbarr/2023/10/19/bidens-visit-to-israel-in-the-throes-of-a-war-actually-is-an-inflection-point-n2630069

October 19, 2023 0 comment
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From the Desk of Bob Barr

Unless The U.S. Gets Its Act Together, It Will Face Tests From Adversaries Like Never Before

by lgadmin October 11, 2023
written by lgadmin

Daily Caller

Florida Republican Congressman Matt Gaetz accomplished his goal last week, when his “Motion to Vacate the [Speaker’s] Chair” passed the House of Representatives with unanimous support from Democrats, plus Gaetz and seven of his colleagues who like him appear to have no vision beyond their own egos.

In kicking former Speaker Kevin McCarthy to the curb with no Plan B beyond making the rounds of cable TV and radio talk shows, Gaetz & Co. left an important segment of the government of the United States adrift in an increasingly dangerous world.

The egotism and immaturity their game reflects will have ripple effects at home and abroad, as leaders scratch their heads and marvel at what the United States has done to deserve such punishment.

Lest we place too much blame at the feet of Gaetz and his Happy Seven for this sorry state of affairs, America and the rest of the world know full well that there are other serious tears in the fabric of our mantle of leadership.

Let’s begin at the top, with the President of the United States, Joe Biden, whose somnambulance is exceeded only by the vitriol that infects virtually every public pronouncement he occasionally makes. If Biden’s handlers and his cohorts in the Congress and in Democrat-controlled state governments across the country honestly believe other world leaders, including friends and foes, do not see and act on such profound and obvious weaknesses, then they are as clueless as he is.

The Republican Party, which in our closed, two-party system is the only meaningful political counterbalance to the Democrat Party that currently controls the White House and the Senate, is being led by a proud egotist whose dealings in both politics and business have earned him the sobriquet of “multiple indictee.”

Amidst all this political chaos, we have a southern border across which uncountable thousands of aliens daily pour, at times with the help of the very federal employees whose responsibility it is to stop such illegal crossings. The rest of the world watches this madness play out, even as the Biden Administration claims with a straight face that the border is “secure.”

The cherry atop this toxic political sundae, however, is the plan by Gaetz to leave the House of Representatives leaderless, without even a bare majority of members willing to stand up and say, “Okay, at least here and now, we will put aside personal peeves and partisan bickering to ensure that this vital component of the federal government is not left twisting in the wind as the world watches.”

Domestically, governors and legislators will step in to pick up much of the political and economic slack caused by Washington’s ongoing inability (or unwillingness) to function.

Abroad, however, matters left hanging or in tatters because of the failure to engage in at least a semblance of regular order or to maintain leadership in the House of Representatives, will not be so easily patched over.

With the United States absent or dithering in countries and regions from Russia and Ukraine to Taiwan and China, and now to a suddenly exploding Middle East, allies will begin making decisions without Washington at the table; some will seek new friends of convenience. Adversaries will be emboldened to test us as perhaps never before since the interregnum between the First and Second World Wars when the United States stuck its head in the sand while Europe smoldered.

And once those new alliances or partnerships of convenience gel, it will be extremely difficult to turn back the clock and return to the status quo ante. Prestige and influence frittered away over the past several years is not easily regained. The current expansion of “BRICS” (Brazil, Russia, India, China and South Africa) to include Iran and Saudi Arabia as a counterweight to NATO and the G7, is a harbinger of things to come.

The Middle East once again is boiling over into all-out war. Until Democrats and Republicans alike get their acts together, the United States will face many more tests of our resolve and leadership in the coming weeks and months.

Bob Barr represented Georgia’s Seventh District in the U.S. House of Representatives from 1995 to 2003. He served as the United States Attorney in Atlanta from 1986 to 1990 and was an official with the CIA in the 1970s. He now practices law in Atlanta, Georgia and serves as head of Liberty Guard.

October 11, 2023 0 comment
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From the Desk of Bob Barr

Education Department Thwarted in Sneaky Effort to Kill School Archery and Hunting Programs

by lgadmin October 5, 2023
written by lgadmin

Townhall

A four-page piece of legislation that protects federal funds for school archery and hunting programs from being cut by federal bureaucrats illustrates the many perverse effects of giving Uncle Sam control over America’s education system.

The nearly 60-year-old Elementary and Secondary Education Act of 1965 (ESEA) is the multi-headed hydra that provides virtually unlimited ways by which U.S. Department of Education bureaucrats can directly and indirectly control all manner of programs in schools across the country.

The reach of these tentacles is lengthened whenever an unrelated piece of legislation applies  – or can be interpreted to apply – to schools. This is exactly what Miguel Cardona, President Biden’s Education Secretary, did after his boss in 2022 signed the Bipartisan Safer Communities Act (BSCA), a knee-jerk legislative response to the tragic mass shooting at a school in Uvalde, Texas, that same year.

The BSCA contained a number of gun control measures, such as funding incentives for so-called “Red Flag Laws,” but did not prohibit use of federal education funds for such school programs as archery and hunter safety courses. It did, however, include language intended to prevent federal funds from being used to provide any “dangerous weapon” (that is, a firearm) or “training in the use of a dangerous weapon” in schools. This provision was intended to stop moves by some schools to arm teachers, resource officers, and administrators as a way to protect against criminal shooters at schools.

Cardona’s Department, however, saw an opportunity to expand the restrictive language in the BSCA, and ran with it.

Last July, the Education Department issued one of its dreaded “guidance letters” declaring that hunting and archery programs in schools would no longer be eligible to receive any federal funding, because such activities necessarily involved “technically dangerous weapons.”

The problem here is that the way a “dangerous weapon” is defined under federal law is so broad that virtually any Swiss Army knife no matter how small, or any metal-jacketed pen, could be read to fall within its ambit – which is precisely what Education Department bureaucrat Sarah Martinez proceeded to do in her “guidance” letter concerning archery and hunting education programs.

This action by the Education Department was taken not because the legislation as signed by Biden placed any restrictions on such school programs (it did not), but only because the Department simply decided to interpret it that way.

The guidance letter had precisely the “chilling effect” on such programs desired by the Department. Many school administrators, concerned that they could potentially be violating federal law if they allowed such benign programs to continue in their schools, ordered them stopped.

Tommy Floyd, president of the National Archery in the Schools Program, which oversees archery programs in some 9,000 schools with 1.3 million student participants, summed it up this way: “any time the U.S. Department of Education gives guidance about anything .  .  .  [and] until I know the final answer, I’m probably going to pause.”

That would have been the death knell for archery and hunting programs in schools, but for unusually quick action by congressional supporters of such programs.

The “Protecting Hunting Heritage Act” was introduced in the House on August 1 as H.R. 5110, and its four-page text clarified what never had been the intent of the BSCA – namely, that the prohibitory language in that 2022 legislation did not apply to “training in archery, hunting, or other shooting sports” programs in schools covered by the omnibus ESEA. By late last month, the clarifying legislation had overwhelmingly passed both houses of Congress and awaits President Biden’s promised signature.

It is laudable that Congress, in this age of nearly impenetrable partisanship, was motivated to attack this abuse of federal education control, and to do so swiftly. However, the problem and process that led to the need for such action illustrates all that is wrong with America’s public education system, with its top-down control by a massive and intimidating Education Department.

In this perverse system, bureaucrats with an ideological agenda such as opposition to any activity remotely deemed by them to support firearms or any type of “weapons,” can move to block students from benefitting from such programs as archery, and hope that those in the Congress harboring opposing views do not notice.

Thank goodness that in this instance Congress did notice, but consider all the other instances of such “guidance” abuse that slip by unnoticed.

 

Bob Barr represented Georgia’s Seventh District in the U.S. House of Representatives from 1995 to 2003. He served as the United States Attorney in Atlanta from 1986 to 1990 and was an official with the CIA in the 1970s. He now practices law in Atlanta, Georgia and serves as head of Liberty Guard.

October 5, 2023 0 comment
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From the Desk of Bob Barr

Is Biden’s FTC Colluding To Increase Drug Prices?

by lgadmin October 3, 2023
written by lgadmin

Daily Caller

The Federal Trade Commission (FTC) is supposed to protect the public from unfair and deceptive business practices, such as “collusion.” But, what happens if the collusion is being perpetrated by government regulators themselves?

Unfortunately, this is precisely what the Biden Administration’s FTC appears to be doing, led by avowed anti-free market advocate Lina Kahn.

The regulatory agency Ms. Kahn heads is working to actively break up companies and industries that are operating lawfully in the marketplace, for what clearly appear to be ideological considerations rather than legitimate, honest concerns for consumer welfare.

The handwriting for this abuse actually was on the wall as early as 2021, when it became apparent that the FTC was rescinding the long-standing “consumer welfare” standard it had employed since the 1970s, according to which the Commission would not intervene in or seek to regulate businesses or sectors of the economy unless the American people’s interests were being harmed. Sadly, this is no longer the case.

Having jettisoned that standard, Kahn is now using her power to attack industries disfavored by her boss, President Joe Biden. Their targets now include prescription drug prices, and consumers may soon feel the results of this new game of regulatory abuse in higher prices at the pharmacy counter.

Specifically, Khan is going after “pharmacy benefit managers” or PBMs. These groups are hired by health plan sponsors, including the federal government, insurance companies and employers to go head-to-head with drug companies at the negotiating table to secure lower drug costs for consumers.

PBMs have been demonstrably effective at lowering prescription drug costs, as noted in a July 2022 study by Casey B. Mulligan (President Trump’s former Council of Economic Advisers chief economist), which concluded they are worth at least $145 billion annually beyond their resource costs.

So what exactly is Khan doing? Rather than praising PBM’s success in lowering consumer drug costs, she recently withdrew the FTC’s previous endorsement guidance of PBMs and appears to be moving to impose stifling regulations against them. In this context, the industry interests with which Khan has aligned herself offer some disturbing but revealing clues as to her motives.

In 2022, Khan delivered the keynote address at the National Community Pharmacists Association’s (NCPA) annual convention. This is — or should be — concerning, insofar as the NCPA has endorsed and is aggressively pushing for new regulations on PBMs and, working with America’s major drug companies, is hardly an impartial actor in the healthcare industry.

The Heartland Institute’s Ashley Herzog, for example, has described the bias of the NCPA well, writing in an op-ed for the Washington Examiner:

“The NCPA’s receipt of significant annual donations from the three monopolistic drug wholesalers that handle more than 90% of the United States’s drugs should tell Congress everything it needs to know about this group’s priorities. Far from being innocent actors, these drug wholesalers are facing an investigation from 49 state attorneys general for allegedly participating in price-fixing schemes. Yet, not only does the NCPA take their money, but it has also given executives from all three companies a spot on the board of its Innovation Center.”

It is hardly coincidental when we see the FTC working hand-in-glove with the same companies that have an interest in raising consumer drug prices, but this appears to be exactly what is happening.

It is in this context that the American Accountability Foundation recently submitted a Freedom of Information Act request to the FTC, “seeking access to all communications between Khan and other agency staff related to PBMs, the National Community Pharmacists Association, and other drug manufacturers.”

The chairwoman reportedly is poised to face an ethics inquiry, and for good reason, insofar as under her watch, the FTC appears to have reversed its position on PBMs for no reason other than major drug industry interests wanted it to.

Right now would be the perfect time for House Judiciary Chairman Jim Jordan (R-OH) to launch hearings into this — and perhaps other — clear conflicts of interest and abuses of Uncle Sam’s vast regulatory powers as wielded by the FTC.

It is no secret that massive deficit spending continues to fan inflation, including prices for pharmaceuticals. That the Biden Administration is adding fuel to those inflationary fires by apparently colluding with groups in cahoots with drug manufacturers and wholesalers to jack up prices, presents a perfect opportunity for House Republicans to highlight such regulatory abuse, and to show American consumers who’s truly on their side.

Bob Barr represented Georgia’s Seventh District in the U.S. House of Representatives from 1995 to 2003. He served as the United States Attorney in Atlanta from 1986 to 1990 and was an official with the CIA in the 1970s. He now practices law in Atlanta, Georgia and serves as head of Liberty Guard.

October 3, 2023 0 comment
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From the Desk of Bob Barr

House GOP Squanders Opportunity To Conduct Oversight Of DOJ And Merrick Garland

by lgadmin September 26, 2023
written by lgadmin

Daily Caller

Last week, the House Judiciary Committee demonstrated once again that the GOP does not know how to conduct effective oversight of the Executive Branch. The occasion was the appearance of Attorney General Merrick Garland before the Committee for an entire day, at the end of which nothing of value was revealed.

Oversight, along with the appropriations power and passing substantive legislation, is one of the three great responsibilities of the Legislative Branch. It has the power to employ congressional committees to question witnesses and gather evidence supposed to ensure that the president and all executive officers, departments and agencies, are operating within the law and consistent with the intent embodied in legislation passed by the Congress.

It is, unfortunately, the one power possessed by the Congress that is the least understood and the most often squandered.

The Judiciary Committee hearing on September 20th was billed expressly as “Oversight of the Department of Justice,” but the Republican members demonstrated little interest in actual oversight of the massive Department, which includes the FBI, ATF, every United States Attorney in the country and our government’s immigration and border control agencies. Instead, they took the opportunity to beat up on Garland over one matter — Hunter Biden.

To be sure, the failure of the Justice Department to seriously investigate or prosecute the “First Son” for what appear to have been numerous, and serious violations of federal law, is a matter deserving of oversight.

Additionally, the failure by this Administration to carry out the myriad powers of the Justice Department fairly and transparently, constitutes a political failure that is fair game for the GOP.

However, to bring the Attorney General of the United States before the one committee with substantive and authorizing jurisdiction over the department he heads, and ask him six ways to Sunday the same questions over and over, knowing in advance he would play the “ongoing investigation” card and not offer anything beyond generalities, is a massive, wasted opportunity.

High on the list of other issues bothering the American people and leaders of the Republican Party, is the ongoing crisis of illegal immigration at our southern border. Strangely, the obvious and abject failure by this Attorney General to enforce laws and regulations designed expressly to stop unlawful entry into the country, barely registered on the litany of concerns expressed by the majority Party at last week’s “oversight” hearing.

Similarly lost in the rush to berate Garland for failing to prosecute Hunter Biden, were other serious questions clearly within the ambit of the Department he heads. These include, for example:

  • Is there evidence of fraud in the massive subsidies and favors being handed out by the Biden Administration for electric vehicles and solar energy paraphernalia?
  • Is there misuse of the prosecutorial powers of the Department’s Antitrust Division, including potential actions in conjunction with the regulatory powers exercised by the Federal Trade Commission?
  • Is a portion of the billions of dollars in aid being shoveled to Ukraine being corruptly siphoned into the pockets of cohorts of President Zelensky, in possible violation of U.S. laws?
  • Are there actions by the ATF unfairly targeting lawful firearms retailers, known in the industry as “FFLs” (Federal Firearms Licensees)?
  • Does the Southern Poverty Law Center (SPLC) wield undue influence with the Department’s Civil Rights Division, which is headed by a far Left Biden appointee?
  • Has the Department been abusing the extensive surveillance powers granted it under Section 702 of the Foreign Intelligence Surveillance Act (FISA), and should those powers be curtailed?
  • Are social media platforms and companies operating as monopolies or in restraint of trade, and if so, to what degree?
  • Is the Attorney General exercising appropriate, or any, supervision of the FBI?

The Republicans may rightly claim in their defense that there will be additional opportunities to conduct oversight of the Justice Department and its component agencies, and that other committees have a piece of the oversight pie and will exercise their powers. Both are true statements.

At the end of the day, however, last week’s hearing was a clear missed opportunity to showcase for the American people that the GOP leadership in the House is ready, willing and able to effectively perform its vital oversight responsibility. Among the audience watching the show are next year’s voters.

Bob Barr represented Georgia’s Seventh District in the U.S. House of Representatives from 1995 to 2003. He served as the United States Attorney in Atlanta from 1986 to 1990 and was an official with the CIA in the 1970s. He now practices law in Atlanta, Georgia and serves as head of Liberty Guard.

September 26, 2023 0 comment
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From the Desk of Bob Barr

Republican House Majority Seems Hell-Bent on Destroying Itself

by lgadmin September 21, 2023
written by lgadmin

Townhall

“We have met the enemy and he is us” –Pogo (by Walt Kelly, 1970)

The 2024 election is well underway already, with control of the House, the Senate, and the White House all hanging in the balance.  Advertisement

So, what is the Republican Party doing? Presenting a clear set of priorities to the American electorate?  Discussing issues of importance to the average voter? Showcasing leaders with a firm grasp of the issues and ready to take on a vulnerable, aging, and unpopular incumbent president?

Nope.

Republicans are busy fighting among themselves and squandering a razor-thin House majority pursuing matters having little if anything to do with issues that are uppermost on the minds of voters.

This is hardly a recipe for success either in government or at the ballot box, but nowhere to be seen is the adult leadership necessary to right the congressional ship, such as then-Speaker Newt Gingrich brought to the House with the Republican sweep of 1994.

In a sense, at least part of the blame for this predicament can be traced to the basic nature of the Republican Party, in which independence and diversity of views is encouraged — the greatest strength and the greatest weakness of the GOP.

Unlike the Democrat Party, which as a general rule maintains a strict code in public of philosophical uniformity, Republicans to their credit welcome a wide variety of views on many key legislative issues, such as abortion, spending priorities, and even to a degree, immigration. Ideologic uniformity has never been a core GOP precept.

However, to govern successfully in the Congress, a certain level of internal Party discipline is essential. Absent this, the diversity of views Republicans value sooner or later will cause significant friction, even splintering the Party.

In 1994, the Republican Party gained a majority in the House of Representatives for the first time in four decades.  The resulting collegium was diverse, with senior members including moderates who had labored for years in the minority, suddenly in January 1995 sharing a caucus with six dozen Republican freshmen spanning the ideological spectrum but with heavy emphasis on the conservative side.

Despite that diversity, the leadership team of Speaker Newt Gingrich, Majority Leader Dick Armey, and Majority Whip Tom DeLay, was able to quell repeated internal insurgencies and cobble together winning majorities when it counted most.

The glue that held our new majority together was a shared sense that individual Members owed a degree of loyalty to the Party that provided the vehicle by which they were elected. This was Party loyalty that did not trump a Member’s commitment to their constituents, but rather fidelity that was to be factored into each Member’s decision-making on key pieces of legislation.  Advertisement

Also present back in those relatively halcyon days was an understanding that some compromises had to be made in order to move the Party’s entire agenda forward.

Finally, we had a clear, publicly articulated agenda coupled with a strategy to implement it — a process that within three years of the Republicans gaining a majority, gave America its first balanced budget in more than three decades.

What do we have now, more than a quarter century later with another Republican majority in the House (albeit a much smaller one than Newt worked with during his tenure from 1995 through 1998)?

We have a range of issues on the minds of voters that would appear to be drawn straight from a list of reasons to vote Republican — high energy costs, an immigration crisis, a culture in decline, the 2nd Amendment under constant attack, and a military falling into disrepair.

Rather than articulating clear and consistent solutions to these serious problems occupying voters’ minds, House Republicans fixate on Hunter Biden, argue over a no-win government “shut down,” and even propose to “expunge” actions undertaken against former President Trump by a previous Congress.

Then, rather than attempting to present at least the façade of a unified front for the voters, Republican Members of Congress are busy kicking Members out of their Party’s own internal caucuses, calling their own Speaker a “lying dog,” and labeling their own majority a “clown show.” Advertisement

Perhaps this ADHD-style of governing, with its uncivil and childish bickering, is simply another sign of the times in which we live. One thing it is not, however, is a model for governing that offers voters a reason to repeat.

Bob Barr represented Georgia’s Seventh District in the U.S. House of Representatives from 1995 to 2003. He served as the United States Attorney in Atlanta from 1986 to 1990 and was an official with the CIA in the 1970s. He now practices law in Atlanta, Georgia and serves as head of Liberty Guard.

September 21, 2023 0 comment
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From the Desk of Bob Barr

New Mexico Governor’s Anti-Gun Policy Doesn’t Even Pretend To Be Legitimate

by lgadmin September 13, 2023
written by lgadmin

Daily Caller

It appears the Left may no longer feel the need to cloak its gun control measures with even a pretense of legal imprimatur.  In their zeal to restrict the ability of law-abiding citizens to carry a firearm for personal protection, some top Democrat public officials now are mandating new gun control policies without even a fig leaf of constitutional legitimacy.

Late last week, for example, New Mexico Governor Michelle Lujan Grisham’s Administration declared that no person, other than police or licensed security officers, could lawfully possess a firearm anywhere in public within the state’s largest city – Albuquerque – or in the surrounding county – Bernalillo. This blanket restriction applied also to “state property” located anywhere within New Mexico’s 121,591 square mile jurisdiction. The precise extent of “state property,” other than schools and parks, is left undefined.

Unlike recent gun control policies announced by governors of other Democrat-led states such as New York’s Kathy Hochul, which have been at least presented as responses to last year’s Second Amendment-affirming  Bruen decision by the U.S. Supreme Court, and clothed with a façade of legal respectability, Lujan Grisham’s action offered no such pretense.

Her Administration’s new draconian measures – already being challenged in federal court – have been presented as an “action plan” to “do more” to stop criminal gun violence and rampant illicit drug usage plaguing the state. To Lujan Grisham, blatantly imposing her anti-gun will on the citizens over whom she maintains colorable power, is an appropriate (if nonsensical) way to spur a “debate” about gun control.

The announced premises on which these highly restrictive measures are based is a pair of executive orders signed by Lujan Grisham last Thursday and Friday, declaring that “drug abuse” and “gun violence” are “emergencies” of such magnitude and urgency that the Second Amendment guarantee protecting the rights of law-abiding citizens to possess firearms for self-defense, is of secondary importance (if that).

While the actual language in each of the Governor’s two executive orders declaring drug abuse and gun violence to constitute “emergencies” would appear to limit their reach only to October 6, 2023, in the very same documents both of the “emergencies” are deemed to be of “unknown duration”; in other words, indefinite.

Adding to this concern, the September 8th “Public Health Emergency Order” setting forth the actual restrictions on firearms possession by New Mexico citizens, explicitly would not expire on October 6th, but would “remain in effect for the duration of the public health emergencies declared in Executive Orders 2023-130 (“gun violence”) and 2023-132 (“drug abuse”).

By cleverly having New Mexico Secretary of Health Patrick Allen issue the operative and restrictive “action plan,” rather than include such onerous provisions in her own, more general “executive orders,” Lujan Grisham may be attempting to insert additional vagueness into the just-announced gun control policy, and also to try and insulate herself from legal accountability.

The bottom line in all this, however, is that we have a Governor who is so clueless about how the real world operates, that she has concluded the best way “to drastically reduce the number of violent incidents and fentanyl-related deaths in New Mexico,” is to make it more difficult for law-abiding citizens to protect themselves, their families, and their communities against gun violence and drug traffickers.

It would be bad enough for the citizens of New Mexico were it only their Governor’s lack of common sense in such regard that impacts them. After all, her announced measures reflect a frame of mind that has manifested itself for decades in policies proposed and implemented by the gun control movement.

Sadly, that lack of common sense exhibited by Lujan Grisham and her minions now is made far worse because it is buttressed by the notion that “inherent constitutional police power” is an appropriate tool by which to take away a constitutionally guaranteed right of the citizenry.

The co-president of New Mexico’s organization designed “to Prevent Gun Violence,” Miranda Viscoli, echoed such perspective, concluding that if voiding an explicit state and federal constitutional guarantee “saves [but] one life,” it is an acceptable price to pay.

In this warped world view, no individual liberty could ever be considered safe from the degree of vacuity and constitutional disdain now being exhibited by gun control zealots such as Michelle Lujan Grisham.

Bob Barr represented Georgia’s Seventh District in the U.S. House of Representatives from 1995 to 2003. He served as the United States Attorney in Atlanta from 1986 to 1990 and was an official with the CIA in the 1970s. He now practices law in Atlanta, Georgia and serves as head of Liberty Guard.

September 13, 2023 0 comment
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