Obamacare is a crime — literally.
As an attorney who has been duly licensed to practice law in the State of New York and the District of Columbia for over 25 years I will make the case that Obamacare is fraud.
So what is fraud?
Fraud is the false representation of fact — whether by words or by conduct. It is perpetrated by false or misleading statements or by concealment of material facts that should have been disclosed. The intent of the untruthful words or conduct is to deceive another so that a person will act on such to their detriment.
In order for fraud to exist there must be five elements:
1. A false statement of a material fact;
2. Knowledge on the part of the perpetrator that the statement was untrue;
3. Intent on the part of the perpetrator to deceive the victim;
4. Justifiable reliance by the victim on the false statement or conduct; and
5. Injury to the victim.
Obamacare meets all 5 fingers of fraud to wit:
1. There were false statements of material facts when every congressman prior to voting for The Affordable Care Act and the president before, during, and after he signed the bill promised their constituents that: A. The American people could keep their present health insurance coverage. Period. B. The American people will be able to keep their doctor. Period. And. C. The American People we see savings as a result of the passing of Obamacare;
2. House and Senate Democrats and the president knew that their statements were untrue when made;
3. House and Senate Democrats and the president needed the support of the public to pass Obamacare and the only way to get support was through false statements and conduct;
4. The American people had justifiably relied on their president and elected House and Senate representatives false statement and conduct, and as a result;
5. Millions of Americans have been injured as their health insurance provider has dropped their insurance and/or lost their doctor because the doctor will not agree to the co-pay or coverage and/or have seen their healthcare premiums skyrocket as well as their deductibles.
Obamacare is possibly the largest and most insidious fraud ever perpetrated in the history of America or the world. This fraud required a vast conspiracy involving hundreds if that thousands of co-conspirators.
In the 111th Congress in 2009, 219 Democrats voted for Obamacare in the House. No Republican did. In the Senate 60 Democrats/Independents voted for Obamacare. No Republican did.
While it is unlikely that any perpetrator will be charged criminally for their complicity in the fraud of Obamacare, there is no doubt that their day of judgment may come when the jury/electorate renders their verdict on Election Day 2014.
The economic fraud that is Obamacare makes Bernie Madoff or Charles Ponzi look like mere amateurs. Obamacare effects 1/6th of our national economy and represents trillions of dollars. The crime of Obamacare was “legitimized” by legislation and therein lays the hideous nature of it.
The president and Democrats in the House and Senate memorialized their fraud on the American people in law. All their promises made by them were fraud in the inducement but cannot be found verbatim in the bill itself. The effect though is the same.
Fraud in the inducement is the use of deceit or trick to cause someone to act to his or her disadvantage in this case voting for the president or a House Member or U.S. Senate candidate based on misleading and false statements of material facts. Those making the misleading statements know full well and expect the innocent to rely on their fraud to their detriment.
There is no doubt that the president and those in the House and Senate who voted in support of the “Affordable Care Act” knew that their statements of material facts, such as American’s right to keep their health insurance coverage, will realize savings and that they can keep their doctors was false. It was false when made to induce support. It was false when it was debated in Congress. And, it was false when it was voted on and thereafter when it was signed into law. They knew full well that their inducements were incapable of being realized.
Their modus operandi was to say and do anything necessary to get the bill passed and signed into law and thereafter deal with any fallout. Democrats knew that once the bill was passed and signed, it was highly unlikely that it would be repealed.
Since Obamacare has been passed the fraud has been compounded by the unconstitutional amendment of the bill by presidential fiat and administrative directive.
The query is this: Is a bill that was passed as a result of fraud a valid bill?
The answer should be no.
So, what should be done?
Since it is clear federal law enforcement including but not limited to the Attorney General will not act on this crime — that leaves it to the public to get “justice.”
Therefore, the public needs to conduct hundreds of mini-trials around the country in advance of the 2014 midterm elections setting forth their case against every Democratic House and Senate Member who voted for Obamacare. They need to charge them with fraud, make the case against them and then give them an opportunity to defend themselves.
There is no defense they could possibly raise to justify the fraud they perpetrated against the people they serve. The only defense they may try to raise is ignorance. Ignorance however is no excuse and neither is incompetence. The promises made could not have possibly been kept. They knew it but the public did not.
The key for Republicans maintaining or increasing their majority in the House and taking back control of the Senate rests with Obamacare.
The failure of Obamacare is solely the fault of Democrats. The failure is one of economics, competency, service, and most importantly veracity.
The court of public opinion can be as swift, sure, just and as definitive as a court of law.
This should be an open and shut case for Republicans this fall.
Bradley A. Blakeman served as deputy assistant to President George W. Bush from 2001-04. He is currently a professor of politics and public policy at Georgetown University and a frequent contributor to Fox News Opinion. Read more reports from Bradley Blakeman — Click Here Now.
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