Ex-Prosecutor McCarthy: Obama Has No Legal Right to Tweak ACA

Friday, 14 Feb 2014 05:10 PM

  Comment  |
   Contact  |
  Print   |
    A   A  
  Copy Shortlink
President Barack Obama's claim that the Treasury Department is dictating his tweaks to the Affordable Care Act because the health law is a tax is a wrongheaded argument, according to former federal prosecutor Andrew McCarthy.

"The president runs the Treasury Department, the president runs the executive branch. Obama has been pulling this routine from the beginning," McCarthy, a National Review columnist, told "The Steve Malzberg Show" on Newsmax TV.

"Basically he's objectifying his administration so that he is kind of a passenger or a spectator to what it does, as if he were not the person pulling the strings and in charge of it.

"But the president runs the Treasury Department and the Treasury has no authority to change statutes that are drafted by Congress."

Story continues below video.



McCarthy, a former assistant U.S. Attorney for the Southern District of New York, says that, in fact, a provision of the internal revenue code allows the Treasury Department to pass rules and regulations that help enforce statutes of Congress.

"But there's none that allows them to change them or undermine statutes of Congress, which is what this one does," he said.

McCarthy said, however, that calls for the president's impeachment, which some have demanded, are not reasonable for now.

"It doesn't make any sense to start down the impeachment road unless there is a will in the American public to remove their president," he said.

"We don't remove our president over mundane things, even one or two pretty serious things. We're talking about, when we're talking about removing a president, is someone who's become so beyond the pale that it's not worthy to have him in that position anymore."



See the “Steve Malzberg Show” on Newsmax TV each weekday live by clicking here now.                               





© 2014 Newsmax. All rights reserved.

  Comment  |
   Contact  |
  Print   |
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Country
Zip Code:
Privacy: We never share your email.
 
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

Sony Hack Sheds Light on Racism in Hollywood

Thursday, 18 Dec 2014 15:40 PM

Hollywood liberals' blatant racism once again is on embarrassing display thanks to the hacking of Sony Pictures Entertai . . .

NJ, FBI Hope Cuba Deal Will Help Bring Back Cop-Killer

Thursday, 18 Dec 2014 15:38 PM

New Jersey officials and the FBI hope this week's agreement to restore relations with Cuba will allow them to bring back . . .

Tesla Motors' Elon Musk Wheels and Deals to Save NY Gov. Cuomo

Thursday, 18 Dec 2014 15:24 PM

In the waning days of his 2014 re-election campaign, Gov. Andrew Cuomo turned to billionaire Elon Musk to bail him out o . . .

Most Commented

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved