By Kenin M. Spivak, Guest Commentary
January 31, 2023
(Views expressed by guest commentators may not reflect the views of OAN or its affiliates.)
Joe Biden desperately wants to be a transformational president; an historic icon, just like Franklin Roosevelt. In the 1930’s, when the Supreme Court repeatedly ruled that key New deal programs were unconstitutional, FDR tried to pack the Court with additional justices who would do his bidding. Though his court packing effort failed, from then on, FDR had his way with the courts.
Biden also has at least one other role model, Woodrow Wilson. By the early 1900’s, civil rights laws prohibited racial discrimination in contracting, and the federal civil service had been desegregated. Wilson undid this. He hired and promoted based on race, authorized, cabinet secretaries to segregate their facilities, and required them to collect data so they could be judged by the success of their racism.
Democrats portray Republicans as racist and fascist. When he introduced Kevin McCarthy as the new Speaker of the House, Democrat leader Hakeem Jeffries promised that Democrats would put “American values over autocracy.” In the midterm campaign, Biden claimed the election of Republicans would end democracy, while former President Barack Obama warned it would be the end of “true democracy.” Both regurgitated the canard that voting rules equate to voter suppression. This demagoguery hides an ugly truth: Biden is the most autocratic president since FDR, and the most racist since Wilson.
- FBI SWAT teams, guns drawn, are executing pre-dawn warrants against Biden’s political opponents, including individuals who are neither violent, nor flight risks.
- The White House, Justice Department and other federal agencies harass, suppress and censor those who disagree with administration policy.
- The president and his agencies repeatedly issue unconstitutional and unlawful mandates, and refuse to enforce laws they don’t like.
While progressives excuse and encourage Biden’s lawless actions because they advance a Woke agenda, courts throughout the country have issued injunctions to stop these outrages, declaring them “untethered” to the law, and an “anything goes” view of statutory interpretation.
Article I of the United States Constitution requires the president to “take Care that the Laws be faithfully executed,” and in his oath of office, Biden swore to do so. Instead, like totalitarian regimes throughout history, the Biden administration rules by fiat, and then unconstitutionally and unlawfully uses its power to crush opposition.
More than 900 arrests were made in the wake of the January 6 protest, and hundreds more may face charges as the DOJ seeks to imprison every individual who played even the smallest role. Hundreds of those arrested were placed in solitary confinement, as the government seeks lengthy prison sentences. The DOJ also targets pro-life demonstrators, such as Mark Houck. In September, 20 FBI agents invaded Houck’s house, pointed their weapons at him, and arrested him on fabricated charges under the Federal FACE Act for a minor scuffle during a pro-life protest. Houck’s lawyer had previously informed prosecutors that Houck would surrender. Though a jury this week unanimously found Houck not guilty, the message is clear: pro-life advocates put their freedom, their lives, and their families’ lives at risk if they don’t shut up.
Parents who object to Covid shutdowns, Critical Race Theory, affirmative action, and schools’ secretly supporting LGBTQI+ priorities, are speaking out at school board meetings. To close them down, the White House secretly collaborated with the National School Boards Association to write a letter seeking Federal assistance. Five days later, to instill fear in every parent who disagrees with the administration, Attorney General Merrick Garland issued a directive to the FBI and U.S. attorneys to address the purported threats. FBI agents began questioning parents, even though the alleged violence was, at most, a matter for local police.
Despite being blatantly unconstitutional, at least 80 senior officials in 11 federal agencies, including the White House, Homeland Security, CDC, and FBI are engaged in a massive effort to block, demonetize, and suppress those who disagree with the administration on social media. Hundreds of restrictions suppressed those who discussed Hunter Biden’s laptop, blamed inflation on Biden, called out Biden’s touchy-feely behavior around women and girls, or otherwise criticized Biden. Many censored posts quoted Biden’s own words, or played video of his previous speeches.
The wanton abuse of power to suppress dissent can be contrasted to the “pass” given to left-wing murderers and looters. The DOJ has gone so far as to drop charges against the most aggressive rioters who attacked the Federal courthouse in Portland, and in violation of 18 USC §1507, turns a blind eye to demonstrations at the homes of conservative Supreme Court justices. It has taken no action against violent activists who block and damage pro-life clinics.
While storm-trooper tactics are deployed to suppress dissent, Biden uses executive action to lawlessly spend unappropriated funds, nullify federal laws, and issue odious racist directives, flouting the Constitution, federal statutes, the Supreme Court, and public opinion to do things which he previously acknowledged he has no authority to do.
At Biden’s direction or with his support, the Department of Homeland Security (DHS) generally refuses to enforce 8 USC §1227, which requires the deportation of “inadmissible” aliens. Multiple courts have instructed the administration to do its duty, and the Supreme Court refused to stay a lower court ruling that the administration lacks the authority to terminate Title 42.
Marking a massive expansion of executive power, Biden ordered all employees of government contractors be vaccinated and wear face masks, and coerced OSHA to order businesses with 100 or more employees to require vaccinations, and the Centers for Disease Control (CDC) to order a moratorium on evictions. The Supreme Court and other courts have enjoined these actions for exceeding Biden’s, OSHA’s and the CDC’s authority.
During his first week in office, Biden suspended oil and gas leases on federal lands. A federal court permanently enjoined the suspension. The administration has not fully complied with the order, and, to end-run it, increased royalty rates to confiscatory levels.
The Taylor Force Act, enacted in 2018 by a bipartisan vote, generally requires the U.S.to cease funding the Palestinian Authority until it stops supporting terrorists who target U.S. and Israeli citizens. The PA refuses to comply. Nonetheless, Biden lawlessly restored at least $1 billion in assistance.
Despite repeatedly acknowledging he had no power to forgive student debt, in the run-up to the midterms, Biden bribed voters by purporting to forgive more than $400 billion of student loans. Numerous federal courts have enjoined his unconstitutional overreach.
Biden’s DEI (diversity, equity and inclusion) initiatives to hire, promote, fund, and otherwise conduct the affairs of government, education and the private sector to advance the interests of blacks and LGBTQI+ individuals contravenes the 14th Amendment, federal civil rights legislation spanning more than 150 years, and unbroken Supreme Court precedents.
On his first day in office, Biden ordered a “whole-of-government” mandate to embed DEI in every aspect of the federal government, and to use the power of the federal government to do the same in private industry. He has repeatedly issued DEI orders and plans, and instructed at least 140 agencies to do so, in order to ensure that all federal personnel, policy, contracting, and financial decisions are based on race and LGBTQI+ status, rather than merit or competitive bids. Numerous courts have thrown out provisions of Biden’s American Rescue Plan, infrastructure bill and orders that advance “equity” for restaurants, farmers, small businesses, homeowners, construction companies, Covid tests and vaccines, and federal contracting. Dozens of lawsuits are pending.
When the president disregards the Constitution and federal law there are only two remedies. The first, is protracted litigation, which Biden sidesteps by issuing new orders. The other, impeachment, and conviction, is impracticable given the small Republican majority in the House, Democrat control of the Senate, and the chilling fact that Kamala Harris is next in line.
Conservatives must elect Republicans who strongly oppose both the process and substance of Biden’s racist autocracy. Even majorities in both houses of Congress will not be sufficient. Rather, Republicans must coalesce around an electable conservative nominee for president. A second term will embolden Biden, and that really will be the end of true democracy.
Kenin M. Spivak is founder and chairman of SMI Group LLC, an international consulting firm and investment bank. He is the author of fiction and non-fiction books and has served as a director and C-suite officer of public and private companies. Spivak has written for National Review, The American Mind, the National Association of Scholars, and Huffington Post. He was chairman of the Editorial Board of the Knowledge Exchange Business Encyclopedia, and a long-time advisory board director of the RAND Corporation Center for Corporate Ethics and Governance. He received his A.B., M.B.A., and J.D. from Columbia University.