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HUD must cut off ACORN

Examiner Editorial
November 30, 2009

More than a month ago, Congress passed a bill designed to protect taxpayers from funding the Association of Community Organizations for Reform Now. The left-wing activist group, which has received at leastt $53 million in government funds since 1994, is notorious for submitting fraudulent voter registrations and for allegedly commingling the finances of its nonprofit and political arms. More recently, a series of undercover videotapes caught ACORN employees abetting fraud and underage sex-trafficking.

Despite ACORN's misfeasance, the Department of Justice has issued a legal opinion suggesting that the group can continue to receive taxpayer money despite the new law. Justice's memo, written in mid-October but quietly released over Thanksgiving, came in response to inquiries by the Department of Housing and Urban Development. It argues that Congress' ban on taxpayer money being "provided to" ACORN does not apply to HUD's existing contracts with the group.

The real baffler is not Justice's opinion but the fact that HUD would ask this question in the first place. The federal housing agency should not need a special law to cut off funding to a group caught on videotape advising mortgage applicants to commit fraud.

In Brooklyn, ACORN employees told a prospective mortgage applicant to lie about her occupation and income. The employees' disturbing justification -- "Honesty is not going to get you the house" -- suggests this is not the first time they have given such advice. In Brooklyn and in Baltimore, ACORN workers advised the same undercover filmmakers to lie on tax forms that are routinely submitted as part of any mortgage application.

Whether or not ACORN workers are prosecuted, the tape is sufficient grounds for withholding federal housing funds. If HUD grants are supposed to help the poor find affordable housing, why should the agency waste resources subsidizing dishonest operators? Other agencies that had previously paid ACORN for services to the poor, including the Internal Revenue Service, came to this conclusion already.

Congress cannot and should not arbitrarily invalidate legal contracts. But there is ample precedent for government cutting off dealings with fraudsters. Medicare and Medicaid blacklist doctors who cheat the system. The Department of Defense has canceled contracts based in fraud -- for example, the sweetheart Boeing air tanker contract of 2001.

Given his political ties to ACORN from his days in Illinois, it is in President Obama's political interest to see that ACORN does not receive preferential treatment from any government agency. Otherwise, taxpayers should hold him personally responsible for wasting their money.



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Reader Comments

All comments on this page are subject to our Terms of Use and do not necessarily reflect the views of the Examiner or its staff. Comment box is limited to 250 words.

tucanofulano

Nov 30, 2009

Yes, HUD ought to comply with Obama's having signed such instruction into law prohibiting OUR money to be used to fund ACORN. But can HUD climb out of bed with ACORN ? There's a lot of money involved, and you can be sure some significant percentage of OUR money "escapes thru the cracks" into the pockets of individuals. But, say both HUD and ACORN, there existing "contracts" in place that "must be" completed. Typical Democrats.

 

ladybug

Nov 30, 2009

Has the ACORN leadership opened their books to an objective audit by knowledgeable professionals not involved with the organization? If they have I haven't read about it.

Have they paid, or made arrangements to pay, the outstanding taxes?
Have they made significant operational changes to make sure that anyone who embezzles money from the organization will be prosecuted?
Have they made operational changes to make sure they have trained and ethical managers supervising all units?

The voter registration fraud needs to be looked at, but my concern is about their lack of oversight of their financial and operational dealings. I'm not sure how they even got federal grants without regular audits by outside professionals.

 

Publius

Nov 30, 2009

Looks like a test case on the sanctity of contracts - under what circumstances can government contracts be abrogated? For over 150 years the Supreme Court considered contracts paramount in the hierarchy of Constitutional guarantees. Nowadays much Supreme Court thinking is surreal, based less on the law than on supposedly desirable social outcomes. Thus these days the standing of contracts is a variable. By conservative standards the ACORN contracts should be honored absolutely. But under liberal construction they can be nullified on the ground that they are against the public interest. Has The Examiner flip flopped and become another voice of liberalism? What a dreadful thought that is this Monday morning.

 

Publius

Nov 30, 2009

Consider the legendary Yazoo Land Fraud case which was litigated from 1775 to 1783. In this case a contract under which the Georgia legislature sold a huge chunk of the land of the state to speculators for mere pennies an acre was upheld as valid by the Supreme Court. Even though all but one of the legislators had received massive bribes from the speculators. The one hold out did so only because he did was not offered participation in the scheme and didn't know about the fraud. The Supreme Court emphasized that contracts must be rigidly enforced in order to maintain an orderly business climate. Even under the circumstances of the Yazoo contract.

 

Nov 30, 2009

"Despite ACORN's misfeasance, the Department of Justice has issued a legal opinion suggesting that the group can continue to receive taxpayer money despite the new law....."

FIRE HOLDER ! ! ! ! !

 

Big-K

Nov 30, 2009

Its amazing how the Obama haters have piled on Acorn allthough so far the only thing to discredit them are a few bad employees however the Repugs, birthers and right wing zealots in their warp ignorant minds believe that Acorn got President Obama elected and as a result come hell,high water or in the absence of any crediable evidence, Acorn did anything illegal, they must be destroyed however, its alright to overlook all of the defense contractors in which they have evidence have bulk billions of dollars out of the Goverment. Total hypocracy or racist, could be both.

 

Anna Keppa

Nov 30, 2009

It's ...instructive...that lefties like Publius can argue with a straight face that the government must honor its contracts , even if the priviate party is caught red-handed misuisng the public money its been given. Publius, what was your position re Halliburton and Blackthorn, for example. Were you among those who wanted those contracts terminated? If not, did you post comments at DU and Kos laying out your case for the sanctity of contracts? When Beck or Limbaugh displease you do you call for advertisers to violate the sanctity of their contracts with the broadcasters who air them?

 

markit8dude

Nov 30, 2009

Big-K: comparing a race-baiting, empathy pushed organization to defense contractors? The correlation is moronic..

And ahh, the 'racist' card.

You should read about the 1964 Civil Rights Act, Affirmative Action, EEO, lowered SAT/ACT standards, black, latino only magazines, t.v. channels, colleges et al., all in the name of 'fairness'.

 

Dowlan Smith

Nov 30, 2009

"Accordint to Section 1001 of Title 18 of the U.S. Code, if you falsify, conceal, or cover up a material fact; make any materially false, fictitious, or fraudulent statement or representation; or make or use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry, you could be fined up to $10,000 under this title or imprisoned up to 5 years, or both."

If we hold people to this standard when filling out an unemployment form, why not for an organization that has received millions.

 

jgreene

Nov 30, 2009

Our present Administration (Obama and his left wing cohorts) have been working with and for ACORN for years. They are fellow travelers. The AG is the fox in the chicken coop. Eric Holder is the most corrupt and incompetent AG we have every had.

Obama is simply the same "community organizing" thug he always was.

 

bobby b

Nov 30, 2009

The "sanctity of contract?"

Tell that to GM's ex-bondholders.

Tell that to employees in the financial sector.

Tell that to shareholders of banks who were looking at having mortgages rewritten at local judges' whims through cramdown.

 

Rick Caird

Nov 30, 2009

Publius is concerned about the sanctity of contracts. No need. That sanctity has already been undone. See GM, Chrysler, senior bondholders. All that sanctity that existed from 1775 until 2008 was undone in 2009. I am surprised Publius missed it. It was in all the papers.


Rick

 

brigitte

Nov 30, 2009

Obama & ACORN. ACORN & Obama. Birds of a feather flock together.

 

Al Ritter Baltimore Conservative Examiner

Nov 30, 2009

Funny how we can talk about the legitimacy of a "contract" after the result of the GM and Chrysler debacle. Contracts mean NOTHING to this President!

 

ggordon

Nov 30, 2009

Come on... the Democrats need them on board for the census. The Dems know that ACORN has by far the most experience at creating fraudulent registrations and identities - more than any of the other community organizations. Just ask Barry - he'll tell you from first hand experience. Barry the community organizer. What a loser of a president he is - and the laughing stock of the world.

 

ladybug

Nov 30, 2009

I thought the federal payments were only on-hold until mid-December when they would be resumed. Is that incorrect?

 

old man

Dec 1, 2009

They will change their name and then it will be buisness as usual after all they donate millions to the demos, Same crew new rippoffs of the taxpayers if any are left after Hope and Change is over

 


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