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Part I of this series highlighted a timeline of events that led to the termination of Todd Hoffner, the head football coach at Minnesota State University, Mankato. Part II highlighted some of President Davenport’s rationalizations for terminating Coach Hoffner. This post will highlight the substantive complaints from Coach Hoffner’s attorneys. This paragraph is particularly noteworthy:

Second, in that same section, the OLA report devotes an entire paragraph to President Davenport’s justification for his reaction to the charges against Coach Hoffner and, specifically, the description of the Pennsylvania State University sex scandal. No comparable explanation from Coach Hoffner is included, nor is the fundamental distinguishing fact that the alleged conduct that MSU Mankato investigated had nothing to do with sexual abuse or similar conduct with respect to MSU Mankato students.

Comparing the Hoffner situation with what happened at Penn State is foolish. According to a footnote in the OLA’s report, Penn State’s high-level administrators, including Penn State’s president at the time, “were indicted for endangering the welfare of children, conspiracy, obstruction of justice and perjury. They are awaiting trial.” In Coach Hoffner’s case, he didn’t exercise good judgment. Still, the Blue Earth County judge that dismissed the charges said that “the children acted silly, playful and age appropriate.”

There’s a little bit of hyperbole in this paragraph:

To omit from the OLA’s report even the most basic of facts in this regard is misleading and profoundly unfair. The notion that a person could equate Coach Hoffner with Jerry Sandusky is absurd, and that a person could draw such a comparison exemplifies why that person should not have the authority to make life-changing employment decisions affecting others.

First, Hoffner’s attorneys went a little overboard in saying that President Davenport shouldn’t “have the authority to make life-changing employment decisions affecting others.” That being said, Hoffner’s attorneys are right in saying that comparing Coach Hoffner’s actions with Sandusky’s is absurd. They aren’t close to being similar, much less close to being the same thing.

Jerry Sandusky is serving a minimum of 30 years in prison. According to Wikipedia, which I realize isn’t always the most accurate website, “Specifically, Sandusky was convicted of the following charges and counts: eight counts of involuntary deviate sexual intercourse, seven counts of indecent assault, one count of criminal intent to commit indecent assault, nine counts of unlawful contact with minors, 10 counts of corruption of minors and 10 counts of endangering the welfare of children. Cleland immediately revoked Sandusky’s bail and remanded him to the Centre County Correctional Facility to await sentencing.”

It shouldn’t be difficult for university presidents to differentiate between a man who was investigated and had charges dropped and a man convicted of “eight counts of involuntary deviate sexual intercourse, seven counts of indecent assault, one count of criminal intent to commit indecent assault [and] nine counts of unlawful contact with minors…” I’m betting that most high school students could differentiate between the two.

Simply put, this would be a disaster for President Davenport if the MnSCU Chancellor, aka Davenport’s boss, were a principled man or if the DFL-chaired Higher Ed committees took their oversight responsibilities seriously. Since neither is the case, it isn’t likely that this will hurt President Davenport.

That’s the biggest of disasters in this entire situation.

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This post about Richard Davenport’s termination of Coach Todd Hoffner highlights the timeline of Mankato State University, Mankato’s investigation that ultimately led to Coach Hoffner’s termination. This post will highlight the OLA’s report of what happened that triggered the investigation:

On August 10, 2012, Coach Hoffner asked a MSU, Mankato information technology staff person to examine his cell phone because it was not working properly. The staff person found a video recording of naked children on the phone and brought it to the attention of MSU, Mankato officials, who turned the cell phone over to the Mankato police. Coach Hoffner was arrested at his home on August 21, 2012. The following day, the Blue Earth County Attorney filed charges against Todd Hoffner alleging that the images of the children were pornographic and criminal.

After reviewing the images, other evidence, and considering the applicable laws, on November 30, 2012, a Blue Earth County District Court Judge dismissed the criminal charges for lack of “probable cause.” In her order, the judge noted that the children in the video were Todd Hoffner’s children, who asked their father to record a “performance” after they emerged from a bath. The judge went on to say
that the context of the video showed that the “children’s performance was not intended to be erotic or pornographic in nature.” She also noted that the children acted silly, playful, and age appropriate.

Despite the fact that charges were dismissed by a Blue Earth County district court judge, President Davenport proceeded with his investigation.

It’s worth highlighting that the judge ruled that “the children acted silly, playful and age appropriate.”

Here’s another situation that might put President Davenport into a delicate situation:

President Davenport also told us that he responded to the allegations against Coach Hoffner with the Pennsylvania State University (Penn State) football sex scandal in mind. In that case, a former Penn State assistant football coach, Jerry Sandusky, was accused of sexually abusing children for more than a decade. In addition, university officials were accused of failing to respond adequately when concerns about the coach were brought to their attention.

The Penn State situation was dramatically different from what happened in Mankato. Here’s one of the report’s footnotes:

In June 2012, former Pennsylvania State University (Penn State) assistant football coach Jerry Sandusky was found guilty of 45 counts of child sexual abuse and, in October 2012, he was sentenced to at least 30 years in prison. The National Collegiate Athletic Association (NCAA) imposed severe sanctions against the Penn State football program, including: a $60 million fine to create an endowment to prevent child sexual abuse and help child abuse victims; barring Penn State’s football program from post-season play for four years; and vacating the team’s wins from 1998-2011. In addition, former Penn State officials, President Graham Spanier, Senior VP for Finance and Business Gary Schultz, and Athletic Director Tim Curley were indicted for endangering the welfare of children, conspiracy, obstruction of justice, and perjury. They are awaiting trial.

In the Penn State case, senior members of the administration, including Penn State’s president were accused of lying to investigators and for trying to hide Jerry Sandusky’s actions. Further, they “were indicted “for endangering the welfare of children…”

The underlying allegations included this:

Victims also commonly reported that Sandusky would place his hand on their thighs or inside the waistband of their underpants. Two recounted oral sex with Sandusky, sometimes culminating in his ejaculation.

That’s totally different than the situation at Mankato. First, President Davenport didn’t attempt to cover anything up. Second, he wasn’t accused of lying to investigators. Those things alone differentiate this situation from the Penn State scandal.

I understand that administrators nationwide worried about being accused of covering up a pervert’s lengthy history of child sex abuse. That’s appropriate and justified. What isn’t appropriate or justified is conflating everything into another Penn State.

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The Baltimore Ravens have terminated Ray Rice’s contract:

DEVELOPING: The Baltimore Ravens fired running back Ray Rice after new video emerged showing the vicious punch he used to drop his then-fiancée in the elevator of an Atlantic City hotel.

The team confirmed the move in a tweet that came hours after video obtained by TMZ showed the 5-foot, 8-inch, 220-pound athlete delivering a left-handed blow to the face of Janay Palmer, appearing to knock her unconscious. The video was shot from inside the Revel Hotel and Casino in Atlantic City, and is the footage shot before the previously circulated video that showed Rice dragging his unconscious wife-to-be out of the elevator on Feb. 15.

I just saw the unedited video of Rice punching his then-fiance. Saying that it’s a disturbing, emotion-jarring video is understatement.

This afternoon on ESPN, the entire crew of analysts (Louis Riddick, Adam Schefter and Chris Mortenson) expressed outrage at everyone involved in this disaster. Schefter said that law enforcement messed up by not getting the video to the NFL. He said that the prosecutors screwed up by not charging Rice with a felony, instead letting him off the hook with a slap on the wrist. He criticized the Ravens for letting Rice use their facilities to hold a press conference after the incident.

That press conference included testimonial after testimonial about Rice being “a good man.” It included Janay Palmer, now Rice’s wife, apologizing for the part she played in Rice’s violence. (That, by the way, is still the most bizarre part of this horrific incident.)

Riddick said that the league needs to do a better job of doing what’s right rather than doing what it needs to do to promote the sport.

Finally, Mortenson got after Goodell, hinting that it isn’t good enough to say that he “got it wrong.” He said that, while the NFL didn’t have the video, they certainly had the report of what Rice did.

Goodell should be suspended for getting this horrific incident woefully wrong. He should lose a hefty chunk of his alleged $50,000,000 a year salary, too. It looks like he isn’t the impartial arbiter that his job requires him to be. Honestly, I wouldn’t feel bad if he lost his job over this.

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Chuck Todd, NBC’s Chief White House Correspondent, apparently hasn’t figured it out that the initial IRS scandal isn’t the only IRS scandal. Here’s what he said on the matter:

On Monday, the IRS Commissioner testified before Congress. A week after the IRS told Senate investigators that two years of e-mails disappeared in a computer crash back in 2011. While this certainly doesn’t make the Obama administration nor the IRS look very good, it’s important to remember what this actual story is about because it’s gotten lost.

The question at hand is whether explicitly political organizations should be filing as tax exempt social welfare groups under the tax code and both political parties are pointing blame. Republicans say that just conservative-sounding groups were targeted by the IRS.

The thing is that the IRS targeting of TEA Party organizations is just part of the scandal. Another facet of the scandal is Lois Lerner’s illegal activities, starting with her sending confidential donor information of the National Organization of Marriage to the Human Rights Campaign.

Another facet of the scandal is how her emails were suspiciously ‘lost’. That’s actually a big deal because the only plausible explanation for 2 years of Ms. Lerner’ emails disappearing is that they were intentionally destroyed to hide incriminating facts about how she was using the IRS to terrorize President Obama’s political opponents.

In fact, it was learned Wednesday that Ms. Lerner used her position within the IRS to get a sitting US senator audited.

People that think this scandal is about whether 501(c)(3) organizations “should be filing as tax exempt social welfare” organizations have their head in the sand. This scandal is mostly about whether the Obama administration is using the IRS to terrorize its political enemies. Whether the tax code should be fixed is trivial in comparison.

When the IRS targets the president’s political opponents, it’s frightening because the IRS has the ability to destroy people’s lives. When the IRS attempts to limit organizations’ ability to participate in the political process, that’s trampling on those organizations’ constitutional rights. When a high-ranking official attempts to have a sitting US senator audited, That’s about as corrupt as it gets.

In fact, I’d argue that that’s more corrupt than Watergate. Here’s part of what Article 2 in the Articles of Impeachment brought against President Nixon said:

He has, acting personally and through his subordinates and agents, endeavoured to obtain from the Internal Revenue Service, in violation of the constitutional rights of citizens, confidential information contained in income tax returns for purposed not authorized by law, and to cause, in violation of the constitutional rights of citizens, income tax audits or other income tax investigations to be intitiated or conducted in a discriminatory manner.

It clearly states that Nixon tried to obtain “confidential information” from the IRS. Lois Lerner didn’t resist HRC’s request for confidential information from NOM’s filing with the IRS. Ms. Lerner handed them over without hesitation.

If Chuck Todd thinks that Lois Lerner’s allegedly illegal actions aren’t the focus of this scandal, then he isn’t qualified to be a journalist. That doesn’t mean, though, that he isn’t the closest thing MSNBC has to a journalist. In all seriousness, though, I suspect Todd would like to take that statement back.

Finally, I wish Lois Lerner was never a government employee. She’s done tons of damage to average citizens over the past 5 years. If we had a real attorney general, she’d already have been indicted for her treachery.

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This morning, I wrote this article about Rep. Rick Nolan’s cancelled fundraiser with convicted pedophile Peter Yarrow. Yarrow was convicted in 1970 of “making ‘immoral and improper’ actions with an underage girl.”

That’s a little too politically correct for me. The unabridged, politically incorrect version of the story is that Yarrow is a convicted pedophile who did unspeakable things to a 14-year-old girl and her 17-year-old sister. While Nolan insists that Yarrow has “done a lot of good for a lot of people,” the truth is that those children are scarred for life. They’ll never be whole again.

Unfortunately, this is just the most recent incident involving the DFL and a pedophile. In 2012, State Rep. Kelly Gauthier was caught in an almost equally disgusting act of pedophilia:

State Patrol will confirm that one witness approached a trooper around 11 at night on July 22nd to report an incident.

The State Patrol turned the investigation over to the Duluth Police Department. Well placed sources today told the Northland’s NewsCenter, the incident involved a 17 year old boy with whom Gauthier was reportedly engaged in a sexual act.

Because the age of consent in Minnesota is 16, it is not illegal to have sex with someone who is 17. However it can be a misdemeanor to engage in sex acts in a public place.

Our sources say Representative Gauthier met the young man on Craig’s List and that police are investigating the potential that money changed hands which could make it a criminal matter.

I suspect that most Minnesotans wouldn’t be satisfied with 16 being able to consent. I suspect that most Minnesotans would be disgusted with a forty-something-year-old having sex with a 17-year-old. I’m betting most Minnesotans would define that as pedophilia even if the courts wouldn’t.

What’s worse is that DFL Chairman Ken Martin and DFL House Speaker Paul Thissen knew about Rep. Gauthier’s actions in July, 2012, which is more than a month before this news broke. Martin and Thissen protected that disgusting person for more than a month before word got out.

The sad truth is that, whether we’re talking about Peter Yarrow hosting a fundraiser for Rick Nolan or Paul Thissen hiding Rep. Gauthier’s public sexual conduct with a 17-year-old, the DFL isn’t outraged by the actions of creeps like Peter Yarrow and Kelly Gauthier.

That’s a history I’d want suppressed if I were a Democrat. That’s a history I’d be disgusted with if I was just an average citizen.

It’s time that the DFL stopped making excuses for disgusting excuses of a human being. It’s time they actually stood against pedophiles.

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Friday night, Mike Hatch enlisted himself as Gov. Dayton’s defense attorney. First, here’s a little background on the conversation. The first subject discussed during the Almanac Roundtable was medical marijuana.

When Cathy Wurzer brought up the subject of Gov. Dayton’s alleged statement to a parent to buy marijuana from a street dealer, Brian McClung jumped all over that, saying that it’s disgraceful that Gov. Dayton would tell someone to break the law. Then McClung said that it wasn’t just the mother who is making that accusation, that others attending that impromptu meeting had verified the fact that Gov. Dayton had said that.

That’s when Mr. Hatch came to Gov. Dayton’s defense, saying that “nobody knows what was said. Nobody here was in that meeting.” Then he said that since nobody on the panel was there, they shouldn’t state their opinion on what happened.

First, that’s exceptionally rich coming from someone who made a career as Minnesota’s Attorney General by avoiding trials by trying the cases in the court of public opinion. Hatch’s habit was to hold splashy press conferences where he’d say that another evil corporation had shafted John Q. Public. Most of Hatch’s lawsuits didn’t make it to trial because the defendant settled before trial.

But I digress.

Hatch’s argument is flimsy at best. Crime aren’t committed in front of a room full of upstanding citizens as witnesses. Despite that, juries frequently deliver guilty verdicts without eyewitness testimony to a shooting or robbery.

In this instance, however, there were a bunch of parents/activists who stepped forward and said that they’d heard Gov. Dayton make this statement. If they’re telling the truth, then Gov. Dayton told a distraught mother to commit a crime. This video shows at least 2 women, including Jessica Hauser, making the statement that Gov. Dayton told Ms. Hauser to buy marijuana from a street dealer:

If Mr. Hatch wants to argue that these women aren’t telling the truth, then he’d better bring a lunch because he’s in for a long day. There were at least a half dozen people standing with Ms. Hauser at Ms. Hauser’s press conference. If that’s the case, then Mr. Hatch’s job as Gov. Dayton’s defense attorney is to discredit each of these eyewitnesses’ testimony. I won’t say that’s impossible but I’d say accomplishing that is as likely as me hitting the Powerball jackpot…twice.

If I were Gov. Dayton, I’d either hire a better attorney or I’d throw myself on the mercy of the court because, right now, he doesn’t have a chance of winning this fight.

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This video shows some ecoterrorists trespassing on Mark Maki’s private property:

This is the unhinged, despicable left terrorizing a private citizen on his private property. That didn’t matter to them. This article fills in the details from that act of terrorism:

Masked protesters carrying torches and threatening organized violence protested outside the home of an executive at a major oil pipeline company last week. Eight environmental activists gathered on the lawn of Mark Maki, a member of the Enbridge Energy Company’s board of directors and president of Enbridge Energy Management, to protest the arrests of three anti-pipeline activists last year.

The protesters, who brandished torches for a photo posted online, held a sign warning, “solidarity means attack” and “we will shut you down.”

Maki stepped out of his Houston, Texas, home to talk with the protesters, though he said he was not familiar with their grievances. “It’s 10 o’ clock at night, I’m happy to discuss it, [but] not here, not in my neighborhood, not with my neighbors around,” Maki told them.

As protesters stood on Maki’s lawn, they told him that Enbridge is “criminalizing protest” by testifying against three anti-pipeline activists who were recently convicted of criminal trespassing for chaining themselves to Enbridge construction equipment in July.

There’s no denying the fact that these terrorists are criminals. What’s stunning is that their actions are accepted by supposedly mainstream environmental organizations:

Anti-pipeline activism has recently spurred even nominally mainstream environmental groups to endorse criminal activity.

The Sierra Club, one of the most prominent environmentalist groups in the country, gave its official endorsement last year to acts of civil disobedience as a means to stop the popular Keystone pipeline.

Anti-pipeline activism has become a pillar of the post-Al Gore environmentalist movement, which has found it to be an effective issue around which to rally its supporters.

It isn’t just environmentalists that terrorize people at their homes:

Last Sunday, on a peaceful, sun-crisp afternoon, our toddler finally napping upstairs, my front yard exploded with 500 screaming, placard-waving strangers on a mission to intimidate my neighbor, Greg Baer. Baer is deputy general counsel for corporate law at Bank of America, a senior executive based in Washington, D.C. And that, in the minds of the organizers at the politically influential Service Employees International Union and a Chicago outfit called National Political Action, makes his family fair game.

Waving signs denouncing bank “greed,” hordes of invaders poured out of 14 school buses, up Baer’s steps, and onto his front porch. As bullhorns rattled with stories of debtor calls and foreclosed homes, Baer’s teenage son Jack, alone in the house, locked himself in the bathroom. “When are they going to leave?” Jack pleaded when I called to check on him.

President Obama, when he was still candidate Obama, stated proudly that he’d marched with SEIU. SEIU is considered a central part of today’s Democratic Party, as is the Sierra Club.

Altogether too often, the Democratic Party has turned a blind eye towards the Sierra Club or SEIU when they’ve condoned terrorizing private citizens. Altogether too often, they’ve essentially said that the ends justify the means. In the Democrats’ minds, evil is acceptable when it’s used to terrorize one of the Democrats’ boogeymen.

Terrorism, whether it’s used against Mark Maki or Greg Baer, isn’t acceptable. If the Democratic Party doesn’t want to be known as the party that condones terrorism, needs to start standing up to these terrorists. If they don’t, the Democratic Party should be known as the party that appeases terrorists.

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One of the biggest whoppers in Bill O’Reilly’s confrontation with President Obama came when the president said that there wasn’t “even a smidgen of corruption” within the IRS. Jay Sekulow, the attorney representing a couple dozen clients who were hurt by the IRS’s corruption, wrote this op-ed in opposition to President Obama’s whopper-telling:

While the easy and immediate response is to ask the president whether senior IRS officials typically assert their Fifth Amendment privilege against self-incrimination when there’s not even a “smidgen of corruption,” his statement actually has deeper problems.

First, it is not remotely appropriate for a sitting president to make such a declaration in the midst of an ongoing criminal investigation.

Given that the FBI hasn’t even interviewed the victims of IRS targeting, it’s safe to say the president hasn’t seen all the evidence.

How can we trust the results of an investigation when Barbara Bosserman, one of the lead attorneys, is not only a large donor to Obama’s campaigns, but the president himself has publicly issued to that attorney his opinion about the outcome?

President Obama’s whopper that there isn’t “even a smidgen of corruption” within the IRS is insulting. It’s also disturbing on multiple levels. It’s bad enough that a presidential administration has effectively weaponized the IRS. It’s worse that President Obama can’t tell the truth.

He started by sounding scandalized by the IRS’s conduct. It didn’t take long for that schtick to end. When the IRS scandal was supposedly just in the Cincinnati office, President Obama condemned the IRS. When the allegedly rogue agents from the Cincinnati office testified that Washington was calling the shots, President Obama and Elijah Cummings changed their tone instantly. It wasn’t long after that that President Obama started talking about phony scandals.

Mr. President, it isn’t a phony scandal when Lois Lerner pleads the Fifth rather than testify what criminal activities she was involved in. Her guilt is obvious. The documentation is overwhelming. As an attorney, you’d know that. As a corrupt politician, however, you can’t admit that.

Third, he downplays the extent of the wrongdoing. In addition to the initial targeting scandal, we know the IRS leaked confidential information to friendly leftist media outlets.

The fact that the Justice Department hasn’t started a grand jury investigation into this shows how corrupt DOJ is. The information leaked was confidential information contained in a conservative organization’s filings to the IRS. It’s disgusting that President Obama would attempt to spin this criminal activity as anything but criminal activity.

Saying that there isn’t a smidgen of corruption within the IRS when this much corruption is part of people’s sworn testimony is awful.

Considering the overwhelming proof of massive, systemic corruption and President Obama’s insistence that corruption doesn’t exist, there’s just a single conclusion that thoughtful people can make. That conclusion is that President Obama didn’t hesitate in lying about the IRS corruption.

If this article is accurate, and I think it is, then HHS Secretary Sebelius is latest in a growing list of high-ranking Obama administration officials who don’t think this nation’s laws apply to them:

Ever wonder what Kathleen Sebelius does when she isn’t sentencing children to death, shaking down health care providers, or violating campaign finance laws? Well, it seems she spends her spare time, and a lot of taxpayer money, dabbling in illegal lobbying. The Anti-Lobbying Act forbids federal bureaucrats from using money appropriated by Congress to influence “an official of any government, to favor, adopt, or oppose… any legislation, law, ratification, policy, or appropriation.” Sebelius evidently didn’t get the memo.

Specifically, it looks like Madam Commissar and her HHS minions have been using federal money to lobby state and local officials to “favor, adopt or oppose” countless initiatives involving everything from local zoning rules to ordinances concerning tobacco use to the imposition of new taxes on soft drinks. The cash they are thus spreading around comes from an obscure Obamacare trove called the “Prevention and Public Health Fund,” which provides Sebelius with what amounts to $12.5 billion in pin money.

It’s pretty clear that Sebelius is spending money in a way that violates the Anti-Lobbying Act. Even if spending money this way wasn’t illegal, which it is, there’s no question that cabinet officials shouldn’t be spending the taxpayers’ money to lobby Congress, legislatures, city councils and county commissioners to make laws the administration favors.

Democrats have consistently whined about how Big Business has too much influence in the political process. Why aren’t these same Democrats complaining that Big Government has too much political influence? After all, Congress, legislatures, city councils and county commissioners represent the people. Actually, US senators represent their state whereas representatives represent the people of their district.

Therefore, Secretary Sebelius’ acts are how she’s using the taxpayers’ money to drown out the taxpayers’ influence. Think about this a bit:

For any reader too young to recognize the term “pin money,” this refers to a regular allowance your grandfather might have given to your grandmother for various incidental household purchases that she wasn’t expected to report to him or account for later. And this, despite the truly gigantic amounts of money involved, is pretty much how the “Prevention and Public Health Fund” works. As Stuart Taylor reports in Forbes, “[HHS] can spend the money as it sees fit and without going through the congressional appropriations process.”

And if you have become so jaded by the government’s fiscal profligacy that you’re not impressed by the $12.5 billion figure, consider that this is only for the first decade. After that money is gone, this fund will be replenished to the tune of $2 billion per year — forever. Yes, forever. The statute doesn’t actually say “as long as the wind blows and the grass grows,” but it does clearly stipulate that the fund never expires. Yet, as the law is written, HHS doesn’t have to account for its outlays in any meaningful way.

Think of all the different ways this money might be used. It might be used to lobby Minnesota cities to enact soft drink size limits. It might be used to lobby for laws that enable cities to harass fast food restaurants. That fund might be used to enact, at a city level, all kinds of statutes that the Obama administration can’t get through Congress.

The Anti-Lobbying Act probably didn’t ponder the possibility of an administration using the taxpayers’ money to get around Congress. Still, it’s pretty clear the Anti-Lobbying Act might be a valuable tool to prevent this administration’s attempt to ignore Congress.

If we had a real attorney general, Secretary Sebelius might join a lengthy list of potential criminals. Jim Geraghty identified some others in his morning newsletter:

LIE ONE: White House press secretary Jay Carney’s November 28 explanation about changes made to talking points about the Benghazi attack:

The White House and the State Department have made clear that the single adjustment that was made to those talking points by either of those two — of these two institutions were changing the word “consulate” to “diplomatic facility,” because “consulate” was inaccurate. Those talking points originated from the intelligence community. They reflect the IC’s best assessments of what they thought had happened.

You can see the twelve rounds of revisions here, well more than a single adjustment, and mostly in response to State Department objections.

After it became clear that Carney had put forth false information, he dug in deeper. Carney paid for his lie with two days of hostile questions from the White House Press Corps . . . and then the storm seemed to have blown over.

LIE TWO: Attorney General Eric Holder, testifying under oath before the House Judiciary Committee, May 15:

Well, I would say this. With regard to the potential prosecution of the press for the disclosure of material, that is not something that I’ve ever been involved in, heard of or would think would be a wise policy.

Michael Isikoff later reported the precise opposite:

The Justice Department pledged Friday to review its policies relating to the seizure of information from journalists after acknowledging that a controversial search warrant for a Fox News reporter’s private emails was approved “at the highest levels” of the Justice Department, including “discussions” with Attorney General Eric Holder.

There is a claim from the usual, Media Matters, that Holder is in the clear because he was asked about prosecutions for publishing classified information, not solicitation for classified information; they assert that the two actions are totally different. A pretty thin reed for a perjury defense, and one that utterly fails the standard of the chief law-enforcement officer of the United States informing the public of his department’s operations.

For us to believe that, it would mean that during the entire Justice Department discussion of prosecuting Fox News’ James Rosen for soliciting the information, no one suggested or mentioned prosecuting Rosen for publishing it. Remember, Holder didn’t just say he didn’t agree with that idea; he said he never heard of the idea.

LIE THREE: Director of National Intelligence James Clapper, testifying under oath before the Senate Select Committee on Intelligence on March 12, responding to questions from Wyden:

Wyden: “Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?”

Clapper: “No, sir.”

Wyden: “It does not?”

Clapper: “Not wittingly. There are cases where they could, inadvertently perhaps, collect—but not wittingly.”

The subsequent explanation from Clapper, to National Journal: “What I said was, the NSA does not voyeuristically pore through U.S. citizens’ e-mails. I stand by that.”

Lying to Congress is a crime. This isn’t just a scandal. It’s a criminal act. When Eric Holder told Congress that he’d never even heard of digging into a reporter’s private emails, that was a criminal act. That’s why we shouldn’t trust Secretary Sebelius when she says this:

HHS Inspector General Daniel Levinson raised concerns a year ago about some grants, warning Sebelius that they may violate anti-lobbying statutes. The response was a general assurance that her department was taking care to remain in compliance with all such laws.

When an administration is involved in multiple criminal acts, which were committed in plain sight, they forfeit the right to be trusted.

During the last 24 hours, the Democrats’ spin has changed. No longer are they beating up on Holder. Instead, a new response has started popping up. The first I heard of it was on Megyn Kelly’s show when Richard Socarides repeatedly said that “mistakes were made” with regard to the Rosen scandal.

That isn’t what happened. That’s smooth-sounding spin but it isn’t the truth. When Eric Holder signed the warrant application that said James Rosen might be a flight risk and that Rosen might be a criminal co-conspirator, Holder willfully told some whoppers. Holder also ignored long-standing DOJ guidelines on warrant applications for journalists.

Let’s remember that Holder isn’t a wet-behind-the-ears underling working in the DOJ. He’s been the AG for almost 5 years. He was Janet Reno’s top assistant for most of the Clinton administration. Let’s also remember that the journalist warrant guidelines were put together during the Nixon administration almost 40 years ago.

Here’s what we know. We know that Holder ignored those DOJ guidelines. We know that he understood that reading James Rosen’s private emails was a fishing expedition. Holder knew that this fishing expedition would have a chilling effect on whistleblowers. We’ve known that this administration loves the thought of whistleblowers not talking to reporters.

Thanks to the reporting of the IRS scandal, especially through Catherine Engelbrecht’s story, we know that this administration won’t hesitate in using the federal government as a weapon against their political opponents. We know that thanks to Peggy Noonan’s article about Catherine Engelbrecht’s nightmare. Here’s what Catherine Engelbrecht suffered through:

In July 2010 she sent applications to the IRS for tax-exempt status. What followed was not the harassment, intrusiveness and delay we’re now used to hearing of. The U.S. government came down on her with full force.

In December 2010 the FBI came to ask about a person who’d attended a King Street Patriots function. In January 2011 the FBI had more questions. The same month the IRS audited her business tax returns. In May 2011 the FBI called again for a general inquiry about King Street Patriots. In June 2011 Engelbrecht’s personal tax returns were audited and the FBI called again. In October 2011 a round of questions on True the Vote. In November 2011 another call from the FBI. The next month, more questions from the FBI. In February 2012 a third round of IRS questions on True the Vote. In February 2012 a first round of questions on King Street Patriots. The same month the Bureau of Alcohol, Tobacco and Firearms did an unscheduled audit of her business. (It had a license to make firearms but didn’t make them.) In July 2012 the Occupational Safety and Health Administration did an unscheduled audit. In November 2012 more IRS questions on True the Vote. In March 2013, more questions. In April 2013 a second ATF audit.

That’s how other parts of the government tormented Engelbrecht. Why shouldn’t we think that Holder’s DOJ would use its power to intimidate whistleblowers?

Socarides’ repeated statements that “mistakes were made” were intended to make it sound like Eric Holder made an innocent mistake. It was also Socarides’ goal to paint the picture that this is Holder’s first brush with controversy. Considering Holder’s instigating Marc Rich’s pardon on tax evasion charges and Holder’s dropping the voter intimidation case against the National Black Panther Party, Holder isn’t exactly a stranger to being on the wrong side of controversy.

Talk show hosts should reject this latest spin on Holder’s blatant disregard for the Constitution and for whistleblowers to come forward to tell of this administration’s wrongdoing. Holder is a bad guy who’s done some nasty things throughout his career.