{"id":10181,"date":"2014-02-12T17:16:49","date_gmt":"2014-02-12T17:16:49","guid":{"rendered":""},"modified":"2014-02-12T17:16:49","modified_gmt":"2014-02-12T17:16:49","slug":"stalinist_lawlessness_companies_must_swear_to_irs_they_didn_t_fire_employees_because_of_obamacare","status":"publish","type":"post","link":"https:\/\/www.rushlimbaugh.com\/daily\/2014\/02\/12\/stalinist_lawlessness_companies_must_swear_to_irs_they_didn_t_fire_employees_because_of_obamacare\/","title":{"rendered":"Stalinist Lawlessness: Companies Must Swear to IRS They Didn\u2019t Fire Employees Because of Obamacare"},"content":{"rendered":"

\"Listen<\/a><\/p>\n

RUSH: Ladies and gentlemen, there\u2019s so much going on out there. The lawlessness of this Regime knows no bounds. There\u2019s nothing stopping this man from doing anything<\/a>. If he wants to raise marginal tax rates, he can just do it. Nobody\u2019s gonna stop him. Here is the latest. As you know, the Regime recently delayed the implementation of the employer mandate for three years, until 2016. This means that employers who have a hundred or less employees will be subject to the mandate. <\/p>\n

<\/p>\n

The point of this is that this limit of 100 is a golden opportunity for businesses to, once again, fire people to get under that number of 100 so that they are eligible for the delay of the mandate. So what the Obama Regime has done, is said firms and businesses are going to be required to certify to the IRS — under penalty of perjury — that Obamacare was not a motivating factor in their staffing decisions. <\/p>\n

I mean, this is absolutely lawless. It is against the law. They cannot, ladies and gentlemen, do this. Specifically, they cannot run businesses this way. They cannot turn staffing decisions into crimes, and this is exactly what they\u2019re doing. Businesses make decisions all the time on the basis of avoidance of costs here and costs there, labor costs, tax costs. They do it all the time — and this is a tax. <\/p>\n

Don\u2019t forget, the Supreme Court claimed that all of this is constitutional because these mandates are just taxes. They\u2019re not mandates to buy a product. That would be unconstitutional. Of course, that doesn\u2019t matter now anyway. <\/p>\n

“Obama officials made clear in a press briefing that firms would not be allowed to lay off workers to get into the preferred class of those businesses with 50 to 99 employees,” because those businesses are the ones exempt from Obamacare and the employer mandate for three years. Between 50 and 99 employees, you\u2019re exempted. So if you have 103 employees and you fire four of them.<\/p>\n

You now have to certify to the IRS, under threat of perjury, that you didn\u2019t do that to avoid Obamacare costs. I mean, you can duck the law, but then only if you promise not to say you\u2019re doing that. Companies must now swear to the IRS that none of their layoffs are because of Obamacare. This must be in writing. It is made under threat of perjury charges. So what they\u2019re trying to avoid here, obviously, is laying people off.<\/p>\n

But more than that, they don\u2019t want businesses saying that they\u2019re laying people off or firing people because of Obamacare. That\u2019s really what the rub is, and it boils down to they can do what they want but they better not say that they\u2019re firing people because of Obamacare. Now, it\u2019s been running around, going around here, that this is a banana republic<\/a>. This is way beyond a banana republic now. This is Stalinism. <\/line><\/p>\n

This is sheer, brazen lawlessness. There is nothing stopping Obama if he wants to raise somebody\u2019s tax rates or to eliminate somebody\u2019s tax rates. I mean, there\u2019s nothing stopping him from doing virtually anything he wants to do, because nobody\u2019s stopping him now. Nobody is. In fact, the Republicans are doing everything they can to avoid any kind of disagreement. The debt limit thing? You heard about that. <\/p>\n

“Oh, yeah, well, we gotta focus on Obamacare. We can\u2019t run the risk here of getting into a fight with Obama on the debt and shutting down the government again. We can\u2019t have that!” Besides, they\u2019re trying to blame all of this on the Tea Party, trying to blame all of this debt business on the Republican side on the Tea Party and then claiming, “Well, you know, we can\u2019t do anything about it anyway. We don\u2019t have 218 votes. <\/p>\n

“If you don\u2019t have 218 votes, you can\u2019t do anything. There\u2019s no reason to stand for anything. We don\u2019t have the votes, and we don\u2019t want shut down the government. We\u2019ll get blamed again. So we\u2019ll just do this. We\u2019ll just let the president expand the debt limit. We\u2019ll go along with it, we\u2019ll endorse it, and then we\u2019ll really focus on Obamacare for the rest of the year.” That\u2019s just… It\u2019s hard to comprehend this. We\u2019re in uncharted territory. <\/p>\n

Nobody knows what to do here. <\/p>\n

Everybody\u2019s sitting around waiting for somebody else to do something. No, seriously. How many of you…? I mean, this is not a criticism. How many of you, upon learning that businesses now cannot blame Obamacare for firing people and getting them to the 100 employee limit…? You can\u2019t do that. You can\u2019t fire \u2019em for that reason, and you can\u2019t say that you did it for that reason if you fire \u2019em. <\/p>\n

You have to promise the IRS that Obamacare had nothing to do with your staffing decisions. Just the mandate delay itself, the waiver here, all of the changes in Obamacare. Let me ask you: How many of you have asked yourself, “Who\u2019s gonna stop this? How are we gonna stop this?” Everybody has asked it. Boehner, Mitch McConnell, everybody in Washington is saying, “How are we gonna stop this?” <\/p>\n

Nobody knows how to stop it. <\/p>\n

Rand Paul is threatening to sue the president. <\/p>\n

That\u2019s gonna be come down to does he have standing or not. Mike Lee, senator from Utah. I\u2019ve got a piece in the Stack today about the problems with suing the president, how difficult it is. You must have standing in order to sue the president. If you\u2019re a business, for example, you have to be able to prove without any doubt whatsoever that you have incurred is exclusively tied to Obama\u2019s policies.<\/p>\n

And then, even if you found a business or a group of them that wanted to sue, then you\u2019ve got, “We don\u2019t have the money compared to these guys.” They\u2019ve got the Justice Department, they\u2019ve got Eric Holder, they\u2019ve got the judges. What difference will it make to sue? Then you\u2019ve got impeachment. Nobody\u2019s talking about that. No way that\u2019s gonna ever gonna happen. No matter what. They\u2019re not even gonna talk about that. <\/p>\n

So how does it stop? We\u2019re in uncharted territory here. All the commentators… I mean, one of the conventional bits of wisdom inside the Beltway commentariat today is, “You know, if people would have started speaking out against this when it first started happening, then maybe we could do something about it.” But before we get to that, there\u2019s something I want to say about commentators and so forth. <\/p>\n

<\/p>\n

What is the role of a commentator? Is the role of a commentator just to sit there and tell you what he thinks and then go home, or is a commentator attempting to marshal public opinion for what he believes for the purposes of creating action within the body politic? What\u2019s the purpose? I would submit to you that a whole lot of commentators just gonna tell you what they think and that\u2019s it. They go home at the end of the day, and that\u2019s the job. “I\u2019m gonna tell you what I think.<\/p>\n

“But whatever happens after that, we\u2019re all in it for ourselves. Every man, every woman for herself\/himself.” Of course the most fundamental way to stop Obama is to simply deny him the money for what he wants to do, and that happens in the House of Representatives — House of Representatives, Ways and Means Committee specifically. The House of Representatives is where every spending bill originates. <\/p>\n

That\u2019s where they were talking about defunding the Iraq war, the Democrats in there back in the day. That\u2019s where that would have happened. Power of the purse. It all boils down to that. That\u2019s whatever techniques there are available to stop this. We then have to make the leap: Is there the will to do it? And that\u2019s takes us into another problematic area.<\/p>\n

BREAK TRANSCRIPT<\/p>\n

RUSH: This is really big, folks. We tend to gloss over these things after we mention them and move on to the next thing, but this ruling from the White House that employers are required to certify to the IRS — under penalty of perjury — that the waiver was not a motivating factor in their hiring and firing decisions… So, in other words, to avoid Obamacare costs, you have to promise, you have to swear under oath that you\u2019re not trying to avoid Obamacare costs — and everybody\u2019s trying to avoid Obamacare costs!<\/p>\n

That\u2019s why they\u2019re being waived. <\/line><\/p>\n

They\u2019re punitive. My friend Andy McCarthy wrote about this<\/a>. He did it great. Think about how lunatic this is: This is nothing even faintly illegal about businesses making financial decisions based on tax consequences. They do it every day. Remember, notwithstanding Obama\u2019s misrepresentations to the contrary, Obamacare mandates our taxes. The Justice Department argued that, and Chief Justice Roberts agreed. <\/p>\n

The mandates requiring you to buy a product were called taxes by the Supreme Court in order to claim that all of this is aboveboard and constitutional. The federal government, the Commerce Clause, cannot mandate that citizens buy a product or service. So the Regime said, “Well, we\u2019re not doing that. We\u2019re just levying a tax,” and the Supreme Court agreed. So Obamacare is just a series of taxes, really punitive taxes.<\/p>\n

And businesses have been trying to figure out how to do their best in avoiding as many of them as possible, which is standard operating procedure, because the tax consequences of Obamacare are profound. They can ruin a business. They can put it out of business. That\u2019s exactly why Obama is waiving them, folks, until after this year\u2019s elections and the 2016 elections. Obamacare is destructive. Obamacare is destroying everything in its path. <\/p>\n

The enrollment this year, 2014, has slowed to a crawl. <\/p>\n

Folks, it is unmitigated disaster, and they\u2019re doubling down on all of it now. <\/p>\n

No responsible person running a business of any size would fail to take all of these Obamacare taxes into account in making the decision how to staff the company — and if you have an opportunity to avoid these punitive taxes for three more years by having fewer than a hundred employees, you\u2019re going to damn well do it. It would be the responsible thing to do — and because Obama knows that\u2019s going to happen, he\u2019s come along now and told them they can\u2019t do it, just cause he says so.<\/p>\n

And furthermore, if they do it, they have to swear to the IRS that they\u2019re not doing it because of anything having to do with him.<\/p>\n

BREAK TRANSCRIPT<\/p>\n

RUSH: This attempt to criminalize normal, everyday, standard, responsible business decision making is outrageous, and that is exactly what\u2019s going on. Barack Obama and all of his supporters and the entire administration are now attempting to criminalize standard, ordinary, everyday intelligent business decision making, where what is really illegal and irrational is not what a company does to limit its costs. That\u2019s smart. <\/p>\n

A company must limit its costs. Profitability is how you stay in business. It\u2019s how you keep people employed. It\u2019s how you provide them health care. What\u2019s illegal in spades is Obama\u2019s edict. Now, look what comes with this illegal edict from The One. Criminal prosecution. If Obama\u2019s Justice Department (i.e., Eric Holder) decides that a business has falsely certified that it\u2019s staffing decision was not motivated by Obamacare, criminal prosecution follows.<\/p>\n

Now, stop and think about something here.<\/p>\n

The waiver itself is illegal. <\/p>\n

Barack Obama does not have the constitutional authority, nor power, to make this waiver. He cannot willy-nilly change this law. The text of the law is enshrined as law. It has been signed into law by him, after being duly passed by Congress. He cannot willy-nilly go in and say, “That paragraph is not gonna apply for three years. That paragraph\u2019s not gonna apply for five years. That whole section over there isn\u2019t gonna apply until next summer.” <\/line><\/p>\n

He cannot do that, but that\u2019s what he\u2019s doing. <\/p>\n

The waiver in the first place is illegal. <\/p>\n

Extending the waiver to 2016, delaying the implementation of the mandate, is illegal. Whether you like it or not, the law is the law. He cannot change the law on a dime, on his own whim. Not legally. So, to start, the waiver is illegal. The extension of delaying the mandate is illegal. It turns upside down the language of the Obamacare statute, under which the employer mandate is required already to have been implemented by now. <\/p>\n

There is nothing in the law that lets Obama waive the mandate. <\/p>\n

There is certainly nothing in the law that allows him to attach further lawless to this lawless waiver. We are so far over the line of legality here that many people have lost sight of the original line of legal and illegal. We are so far past it. The waiver is illegal. Delaying the mandate is illegal. And then, furthermore, telling businesses that they must not staff their businesses on the basis of the waiver under penalty of law is itself illegal. <\/p>\n

A business that seeks to use the waiver and fails to pay the mandated tax is in violation of the law, regardless of its compliance with Obama\u2019s outlaw edict. Yet here\u2019s Obama. He\u2019s just happy as he can be at his state dinner and he\u2019s out there proclaiming his illegal waiver with impunity. He\u2019s just up there like a king, “I\u2019m gonna delay this. You know what? I\u2019m gonna delay it for three years, and you know why? <\/p>\n

“It\u2019s \u2019cause I don\u2019t want to hurt my party in November.” He\u2019s just announcing he\u2019s gonna delay this thing for three years — and then on top of that, he attaches illegality to people who then govern their businesses as a result of the waiver. I once attended lecture by Lady Margaret Thatcher, and the subject of her lecture was the rule of law. Sometime later, I found myself, fortunately, sitting right next to her at a dinner party. <\/p>\n

She was still on the subject months later. She was like that. She would get focused in like a laser on one subject and just spend as much time as she wanted to discussing it — and, of course, taking the table discussion with her. Her discussion on the rule of law and how crucial it is to the coherence of a free society, obviously it was profound, and I\u2019ve been thinking about it a lot lately, because that\u2019s what\u2019s gone by the wayside here. <\/p>\n

The one thing — and there are many things, but one thing — that really sets us apart is the natural respect for the law that everybody has had. The rule of law. I mean, not individual lawbreakers. Don\u2019t misunderstand. But the responsible portion of our population that makes the country work respects the rule of law. It institutionally, fundamentally understands it.<\/line><\/p>\n

Maybe even not specifically, but they understand the importance of respecting the rule of law, and the limits. Don\u2019t forget something crucial. I want to go back and remind you of something I read in a book, Daniel Hannan, the British member of parliament wrote. One of the great differences between us and the Europeans is Europeans believe that everything is illegal until a government makes it legal. We don\u2019t. <\/p>\n

We grow up, we\u2019re born, and our culture is everything is legal until we pass laws making something illegal. It\u2019s a huge difference in mind-set. When you start out thinking that everything is illegal, and the only thing that makes something legal is from some president — king, state, what have you — you\u2019re already a prisoner. You already have given up every ounce of freedom that you are innately created with when you believe that.<\/p>\n

If you believe that nothing is legal until some third-party, some leader, some king proclaims it legal, then you do not believe that freedom is the natural yearning of the human condition. It\u2019s another thing that has set the United States apart. Now, what is it that makes us proclaim something illegal? It hasn\u2019t been dictatorial leaders. It hasn\u2019t been statists. It hasn\u2019t been tyranny. It has been combination of religion, common law, natural law, and cultural experience, which has given us our legal code. <\/p>\n

It\u2019s tried and true. It\u2019s given us the definitions in our institutions. You know, what is marriage? Sorry, it is a union of a man and a woman. It\u2019s just the definition. That\u2019s why anything that\u2019s not man and a woman cannot be marriage. It may be something else, but it isn\u2019t marriage. You can claim it is, you can say it is, but it isn\u2019t. The rule of law is what has gone by the wayside. <\/p>\n

What is so profoundly disturbing here is that the one person who takes a specific oath to defend the Constitution — to protect the Constitution, to defend the laws of the United States and to enforce the laws — is the one bastardizing them. The rule of law is disintegrating before our eyes. And because it is happening on such an unprecedented scale, we are getting into big trouble we\u2019ll fast. Things are going very bad really fast. It\u2019s getting worse faster than anybody thought even after Obama won in 2012. <\/p>\n

As such, nobody knows what to do. Nobody knows how to deal with this, and everybody\u2019s hands are tied by one giant elephant in the room that nobody\u2019s gonna be able to do anything about, and that is the historical aspect of this presidency. It\u2019s just untouchable. But despite all that, this is happening. The very fabric, the very rule of law that is the glue that\u2019s held the country together — our culture, society together — is just being obliterated. <\/p>\n

It\u2019s not actually disintegrating. <\/p>\n

It\u2019s under assault. <\/p>\n

It\u2019s being attacked. <\/p>\n

BREAK TRANSCRIPT<\/p>\n

RUSH: There\u2019s another aspect of this, aside from the lawlessness. There\u2019s a political aspect to what Obama\u2019s doing with businesses and the IRS, because everything Obama does is political — and what this does is silence critics. He is silencing business critics of Obamacare. They now cannot criticize Obamacare. If they do, they\u2019ve got the IRS coming after \u2019em — and it has already been established that the Regime will use the IRS to crush its opponents. <\/p>\n

Nobody stopped that, either.<\/p>\n

It is an infringement of the First Amendment. <\/p>\n

The First Amendment\u2019s not alive. <\/p>\n

The First Amendment can\u2019t stand up and say, “Stop! You\u2019re abridging me!” Of course it\u2019s an abridgement of the First Amendment. So then what? They are silencing their critics. Businesses cannot say that they are firing people because of Obamacare. Therefore, they can\u2019t be critical of Obamacare. When businesses cannot tell the media how many people they had to layoff, or how many people they had to convert part time because of Obamacare, then the low-information crowd isn\u2019t gonna hear about it. <\/line><\/p>\n

Nobody\u2019s gonna hear. They can\u2019t tell anybody under threat of penalty from the IRS. I stress again: Everybody knows already that the IRS has been used by the Regime to target its political opponents. Now, it\u2019s always been assumed that happened here and there, willy-nilly. Now it\u2019s out in the open. Everybody knows it, and it is serving and will continue to serve to shut people up and to intimidate them. <\/p>\n

You just can\u2019t tell anybody. That probably is something equally important to Obama, in addition to the political ramifications for the election 2014 and 2016 — and even if they do risk the IRS, if they do actually lay off people because of Obamacare, they\u2019ll never be able to admit it publicly. So, in addition to everything else, this is just a way for Obama to silence business criticism before the elections. <\/p>\n

Remember, nothing is simply self-contained. The president has now made it clear that businesses will run afoul of him if they criticize him. Others will think the same thing will happen to them even if they\u2019re not mentioned. It\u2019s much easier to be afraid of this stuff, and just shut up and not call attention to yourself, than it is to fight it. It\u2019s a violation of the First Amendment, a violation of any number of laws. All of this is illegal. <\/p>\n

That doesn\u2019t stop it. A law making it illegal to rob banks doesn\u2019t stop that. Laws against murder don\u2019t stop murder. What does? Well, arguably nothing stops murder other than another gun. The law is a mechanism for punishment, obviously, for those who violate it. It\u2019s a challenging thing for people. This is uncharted territory for a lot of people, particularly commentators who do not want to be involved in any kind of activism at all. They just want to get the platitudes of being great thinkers and then go pour a Johnnie Walker Blue. <\/p>\n

That\u2019s the latest fad. <\/p>\n","protected":false},"excerpt":{"rendered":"

RUSH: Ladies and gentlemen, there\u2019s so much going on out there. The lawlessness of this Regime knows no bounds. There\u2019s nothing stopping this man from doing anything. If he wants to raise marginal tax rates, he can just do it. Nobody\u2019s gonna stop him. Here is the latest. As you know, the Regime recently delayed […]<\/p>\n","protected":false},"author":14,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","ngg_post_thumbnail":0,"footnotes":""},"categories":[],"tags":[],"class_list":["post-10181","post","type-post","status-publish","format-standard","hentry"],"yoast_head":"\nStalinist Lawlessness: Companies Must Swear to IRS They Didn't Fire Employees Because of Obamacare - The Rush Limbaugh Show<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.rushlimbaugh.com\/daily\/2014\/02\/12\/stalinist_lawlessness_companies_must_swear_to_irs_they_didn_t_fire_employees_because_of_obamacare\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Stalinist Lawlessness: Companies Must Swear to IRS They Didn't Fire Employees Because of Obamacare - The Rush Limbaugh Show\" \/>\n<meta name=\"twitter:description\" content=\"RUSH: Ladies and gentlemen, there\u2019s so much going on out there. The lawlessness of this Regime knows no bounds. There\u2019s nothing stopping this man from doing anything. If he wants to raise marginal tax rates, he can just do it. Nobody\u2019s gonna stop him. Here is the latest. 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The lawlessness of this Regime knows no bounds. There\u2019s nothing stopping this man from doing anything. If he wants to raise marginal tax rates, he can just do it. Nobody\u2019s gonna stop him. Here is the latest. 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