Monday

Sanusi Lamido tells his story.....

Former Central Bank Governor Sanusi Lamido
By Gbenga Oke

In the beginning

As at the time I came into office, several things had collapsed. From banks to stock exchange, they had crashed. Inflation was at 15.6 percent three months before I became Central Bank Governor; there was already instability in every sector of the economy. 

When I look back, I thank God for the people who supported us and criticized us as well because criticism has made us stronger. Also, when I look back, I can point to several things that have changed after our arrival and till date.

Keeping inflation down

For the first time in a long while, we have been able to keep inflation at about 7 percent since January 2013 and it is still like that up till this moment. As far as instability and exchange rate is concerned, we have worked tirelessly to ensure things work out well for the economy.

We also introduced cash reduction in the system. Although most people didn't like it because they felt it will add more problem to the exchange rate because people want to buy dollars but against all odds, the cashless policy has worked and it's still working today.

On the face-off between CBN and NNPC

On the face-off between CBN and NNPC, I must say that we are not EFCC. What I have been talking about is the areas that affect my job which have been a dwindling in the money that comes into the Federation Account. Let me make it clear, the disputed $20 billion may be gone. And what some people want is the continuity of this; that stealing of public funds should continue.

On his suspension

I must say that there was no time when the CBN received any letter from the Financial Reporting Council of Nigeria. At no point were we given any letter to respond to over any financial allegations. Also, nothing in the letter declared that I did anything wrong. I can tell you that CBN does not operate the way it's been presented because all facts and statements of account are there for everybody to see. They said we spent N1.2 billion ($7.3 million) on the police – even if that is true, is that corruption? Did I set up my security outfit and pay myself? I want to repeat that I have had my last day in office. I have achieved everything I set out to achieve. Looking at the suspension letter, I was not given the benefit of doubt to respond or explain myself.

Court order

However, I have a court order now enforcing my fundamental human right because once they seize your passport, you don't know the next step they will take. I took an exparte motion to court to ensure I am not harassed.

On the allegation that he is partisan

When I was in King's College, I was in Form 2 when Bukola Saraki came into Form 1. He has been my friend since we were 11 years old. Also, El- Rufai has been my friend. I never knew I will be CBN Governor because I had wanted to study law, also Bukola Saraki never knew he would become a politician because he read medicine. These people remain my friends and, with all sincerity, every one of us has friends across political divides. These are things some Nigerians categorize and accuse me of being a politician. 

Also, I had known Governor Fashola and Bola Tinubu since I was in First Bank. I am a Lagos boy as well and my children were all given birth to and groomed in Lagos. When Nasir El- Rufai heard what happened, he decided to come to the Lagos airport so that if I am going to be arrested, it will be in the company of some of my friends. He never came to the airport as an APC member but as a friend. I am not a politician but people think I am one.

What next on NNPC

It is not my responsibility anymore but I can comment as a Nigerian. I can talk if I feel like. I believe nobody will challenge me that I did not speak out when I was supposed to as CBN Governor. If the next CBN Governor wants to pursue the missing funds matter or the National Assembly wants to go ahead, they are free of do so. Can you imagine a sitting Minister on national television saying they spent money without appropriation. In any other country, such minister has sacked herself. To me, if that is not financial recklessness, then I don't know what is.

Let me simply ask, if the Nigerian Constitution says don't spend money without appropriation or says don't pay subsidy and the Minister went ahead to pay, is it not a political problem? Technical problem is what we deal with at CBN, we deal with CRR and other issues.

In this kind of situation of investigation going on, you are supposed to either keep quiet as a wise man or walk away. But as you can see, I am not a wise man.

Donation of N100 million ($608,000)

It is called principle of donation. During the Ikeja bomb blast explosion, the CBN Governor then, Joseph Sanusi, gave N10 million ($61000). So I was not the first person to do that. This is contained under Corporate Social Responsibility. The blast in Kano did not affect Kano citizens alone, SSS offices, police stations were attacked and these are federal offices which have several people from the South working there. I can tell you that 80 percent of the victims of that bomb attack are not Kano citizens, there were several Christians from the South involved and I gave N100 million ($608,000) to their families. What is bad in that? Why are people not complaining about the N500 million ($3.042 million) I compelled the Bankers Committee to give to flood victims in Benue State and other places? What is wrong in it? With CSR, you cannot do everything in all the 36 States of the Federation; you will do the little you can.

Mint printing!

This is one area that we have been able to cut down on spending. In 2012, CBN spent N38 billion ($231.2 million) on mint printing down from the N49 billion ($298 million) spent in 2011. In 2013, we spent N35 billion ($213 million) and in my 2014 budget, my plan was to spend N30 billion ($182.5 million). So we have been bringing down the cost of printing.

Under the Fiscal Responsibility Act of the CBN, we contribute 80 percent into the Federation Account. In 2008 before I became Governor, CBN contributed N8 billion ($49 million) into the Federation Account. 

In my last year, we gave N159 billion ($967.4 million). In 2012, we gave N80 billion ($487 million); in 2011, we gave N60 billion ($365.04 million). In the first four years of my term as CBN Governor, we gave government about N279 billion ($1.7 billion). The National Assembly called to commend me. 

We have been able to give N600 billion ($3.7 billion) from surplus alone and the money is made from prudent finance, cutting down currency expenses, every over headline has gone down. So I can say, with all sense of humility, that the last thing anybody can accuse me of is financial recklessness.

Tuesday

NSA allies in Australia spied on American law firm

More headaches for U.S. President Barack Obama
CC Global Report

According to a 2013 document obtained by the New York TimesAustralian spies tapped a U.S. law firm representing Indonesia in a trade dispute with the United States. 

Previous allegations of Australian spying on Indonesia has led to worsening ties. 

The alleged documents have been leaked by ex-NSA contractor Edward Snowden. 

Last month, Mr. Snowden alleged that the NSA conducted industrial espionage. 

In an interview with Germany's ARD TV channel, the former contractor said the agency would spy on big German companies that competed with U.S. firms. 

The February 2013 document says the Australian Signals Directorate monitored a U.S. law firm used by the government of Indonesia for trade talks, according to the New York Times (NYT).

The Australians said that "information covered by attorney-client privilege may be included" in the intelligence they offered to share with the NSA, it says.
It is not clear which trade talks were involved.
Indonesia has recently been embroiled in a number of disputes with the U.S. - one over the U.S. ban of clove cigarettes, another centering on the exports of prawns which the U.S. alleged were being sold at below-market prices.
Chicago-based firm Mayer Brown was identified by the newspaper as having advised the Indonesian government at the time. The firm has not commented, nor has the Indonesian government or the NSA.
Australian Prime Minister Tony Abbott refused to confirm the alleged document, adding that intelligence-gathering was used "to protect our citizens and the citizens of other countries".
"We certainly don't use it for commercial purposes," Mr Abbott said.
In November, Indonesia suspended coordinated military co-operation with Australia amid an ongoing row over reports that Canberra spied on Jakarta officials, including President Susilo Bambang Yudhoyono.
The suspension included operations to stop people-smuggling, joint military exercises and intelligence exchange.
The NSA is prohibited from targeting Americans inside the U.S. without warrants, but it can intercept the communications of Americans if they are in contact with a foreign intelligence target abroad.
In August last year, Russia granted Mr. Snowden asylum for one year, after he leaked details of U.S. electronic surveillance programs.
The U.S. has charged Mr. Snowden with theft of government property, unauthorized communication of national defense information and willful communication of classified communications intelligence.
Each of the charges carries a maximum 10-year prison sentence. Earlier this week he said he has "no chance" of a fair trial in the U.S. and has no plans to return there.

Monday

George Zimmerman says not haunted by his killing of Martin, sees himself as a victim.....

CC Monday Insight

George Zimmerman, the US man controversially acquitted of murdering black teenager Trayvon Martin, said in an interview aired Monday that he is not haunted by what happened.

Zimmerman also told CNN he sees himself as a victim and scapegoat and that the only judge he has to answer to is God.
The Sanford, Florida, neighborhood watch volunteer fatally shot 17-year-old Martin in February 2012 as the unarmed African American high-schooler was walking home with iced tea and candy.
Zimmerman insisted he had been following Martin on suspicion that the youth was involved in a robbery, and that he shot him in an act of self-defense following a violent struggle.
An initial decision by Florida investigators not to press charges set off widespread protests, with Martin's supporters alleging racism and pointing to the fact that the teenager was unarmed and had no criminal record.
A national outcry led to a jury trial for second-degree murder and manslaughter in June that ended with Zimmerman's acquittal -- and more protests.
When asked by CNN if he felt haunted by that night two years ago, Zimmerman simply answered "no."
When asked about the victim, Martin, he said: "No, I certainly was a victim when I was having my head bashed into the concrete and my nose broken and beaten. I wouldn't say I was not a victim."
He added later that he saw himself as a "scapegoat" for the government, the president and the attorney general.
Faith in God kept him from doubting himself, he said.
"I know that ultimately he's the only judge I have to answer to. I know what happened, he knows what happened. So I leave it up to him."
Zimmerman, in other remarks, said he wants to become an attorney and that he receives death threats.

Why Keshi and the NFF must not be allowed to scuttle Nigeria's chances in Brazil

Stephen Keshi

African champions, Nigeria's Super Eagles have been drawn in the same World Cup group as Argentina, Iran and Bosnia-Herzegovina.

For coach Stephen Keshi, this will be the second time he has qualified an African country for the global showpiece as a head coach. The last time with Togo, he was let go by the officials of that country's football federation, just months before the 2006 World Cup in Germany. 

Interestingly, it seems Keshi still hasn't learned a valuable lesson from the same mistakes that led to his unceremonious ouster in 2006, as he has again chosen a path of confrontation (albeit a bit more subtle this time) with both the Nigerian FA and experienced overseas players in the Super Eagles.

At the last AFCON 2013 in South Africa, Keshi took a highly inexperienced team to the African soccer showpiece and the team struggled right out of the gates. It was only a hard-fought two-nil victory over Ethiopia coupled with Zambia's draw in its game against Burkina Faso that ensured Nigeria barely scraped through the group stages.

Their next game was against favorites, Ivory Coast and there was so much despair about the team from both Nigerians and football officials that the return plane tickets for the team had been bought before the game was even played. 

Now, while Nigeria won that game and subsequently went on to win the competition, thus giving the nation its third continental title since it last won it all in 1994, the problems in terms of the make up, skill level and character of the team, continued to rear its ugly head all through the FIFA Confederations Cup in Brazil and the World Cup African zone qualifiers.

Nigeria put up a dismal performance at the Confederations Cup and huffed and puffed through a World Cup qualifying group that included minnows like Malawi, Namibia and Kenya.

Now, as Brazil 2014 approaches, Keshi has insisted on using the same untested and unproven players on the biggest stage in football, although it would now seem the NFF has insisted he change course with the invitation of some tested players plying their trade in European leagues (who are actually active and not bench warmers).

Since Keshi became Nigeria's head coach, he has feuded with John Mikel Obi, Victor Anichebe, Osaze Odemwingie, Joseph Yobo, Ikechukwu Uche and Kalu Uche (brother to the former), just to name a few.

One thing that these afore-mentioned players all have in common is that they have served Nigeria gloriously over the years and with the exception of maybe Osaze (just lately though as he was always very dutiful in the past in his service to Nigeria), Nigeria's previous coaches have always managed the ego and other peculiarities of these and other players.

Credible sources have informed CC that Keshi has an arrangement with the agents of the non-established players (the local and fringe European based ones in particular) that nets him a generous percentage of the players winning bonuses and signing bonuses (for the local players who sign with 'overseas' teams).

There are also credible sources that one or more of the assistant coaches are known to hawk expensive wrist watches, among other luxury items to the players at exorbitant prices, with those who do not 'play ball', ostensibly in the black book of the coaches.

These assertions should not come as a surprise as Keshi himself was extremely undisciplined as a player and in-fact started the 'mafia set-up' in the Super Eagles in his day. 

In the early 1990s, Stephen Keshi, the team’s former captain, was so powerful that Clemens Westerhof, the technical adviser at the time, sought his approval on team selection. They had, before then quarreled many times over team selection. To gain the upper hand during these disagreements, the former captain exploited his close relationship with Admiral Augustus Aikhomu, the country’s second-in-command, who is from the same state (old Bendel) with him. Aikhomu was in charge of the sport ministry. Though Westerhof was hired by Aikhomu, Keshi had easier access to him and this ensured he had his way with many decisions in the team then.
At a point, Westerhof had a disagreement with the Nigerian Football Federation, NFA, and he sought Keshi’s help in appealing to the former number two man in Nigeria for intervention. Keshi’s role in assisting the coach facilitated his emergence as a formidable force during Westerhof’s days as coach of the team. The former technical adviser and the ex-captain became allies afterwards to the extent that they both jointly took crucial decisions without consulting the members of the coaching crew.
The NFF has only helped in strengthening Keshi's stranglehold on team selection (a decision usually made in consonance with the FA's technical committee) by owing him so much in salary arrears. He (Keshi) obviously has to live on something, but there are credible sources intimating CC that the issue of the salary arrears is in fact a smokescreen for something even more sinister going on between the NFF and Keshi's corrupt coaching crew.
That Keshi would brand Ikechukwu Uche as undisciplined (no Nigerian coach has ever called Uche such including foreign technical advisers hired by the Nigerian FA) is rather hypocritical considering his (Keshi's) aversion to such name-calling in his own response to being called same in his playing days (see his quote in 2012 below).
"I don't really understand what people mean when they talk about indiscipline in the Super Eagles. We speak much grammar in Nigeria instead of adopting the option of action, which football requires for results to come.
Interestingly, I have spent little time with some of those players we tagged undisciplined ones, and in fairness to them, I can tell Nigerians that I did not see or hear any negative thing about those boys. In fact, I was pleased that I have to tell the boys that I could not understand the basis Nigerians tagged them undisciplined players.
When I was the captain of the national team, they called me all sorts of names. I was called Mafia, a stubborn and arrogant player. They said that I was snobby among other negative names I could not find in the dictionary, but that impression was not the true picture of me. The players may have one or two faults as human beings, but we must listen to them and treat them like human beings, who have their own rights and opinions. None of my player is going to be a prisoner. I cannot treat them like kids because I know that some of them are already parents, who deserve respect in their own right. 
But are we tagging the players undisciplined because they asked for their entitlements and rights?" 
Even more hypocritical about Keshi was the story making the rounds of his aversion to the Code of Conduct the NFF wanted to institute for the national team. Here (below) was Keshi's response in 2012, showing he was actually in favor of it.
"I lived in the United State of America, a country where nobody is above the law of the land, including the president and every other government official. There, the law rules. I believe in the principle of rule of law. If any player thinks that he cannot obey the code of conduct guiding the set up, he would not have a place in the national team. To avoid talking about it all the time, we talk to ourselves like adults. We started that during the two friendly matches we played against Botswana and Zambia. We monitor ourselves both the players and the management crew because we reached an agreement to stick to the code guiding our conducts.
There would be problems if we don't have code of conduct. Even in our home, we have standing rules that guide members of the family, without that, the children could do whatever they like." 
There is no questioning Keshi's coaching credentials, although his ability to effectively read a game and provide requisite technical input to his players in the course of a game, still remains a point of contention. He must however live by his own credo and learn to work with his players, the same way coaches worked with him in the past and even made him captain of one of the most celebrated national teams in world soccer.

Nigeria can't afford another ego-play from Stephen Okechukwu Keshi. He must stop fighting his players, his bosses, the press and get out of his own way, for once.

Those who do not learn from history are doomed to repeat it.

Sunday

Barack Obama's gay agenda and why African countries must resist his 'Judas gift'.....

Sunday Opinion

By Elias Sowemimo, MD, PhD

Recently, Nigeria's leader, Goodluck Jonathan signed into law a bill that criminalizes homosexual relationships, arguing that the law is in line with the country's religious and cultural beliefs.

Currently, majority of African countries have laws that ban homosexual practices outright and contrary to Western propaganda, those laws actual predate adjacent colonial-era laws.

There was a strong reaction, as expected from the West, with the Obama administration condemning the law and stating that it further "erodes the fundamental human rights" of homosexuals in Africa's most populous nation.

The Nigerian government however could not be bothered, more-so since a good 98% of Nigerians, regardless of ethnic or religious differences, are fully in support of the law as they see a continuing assault on the nation's traditional and cultural values from the West.

It is baffling, according to most Nigerians and indeed Africans across the socio-economic spectrum, that a U.S. administration led by a supposed "son of the continent" would actually be the architect of this unfortunate assault on the continent's traditional, cultural and religious institutions and even worse still, its over-loaded healthcare system.

Without even delving into the moral aspect of homosexuality, the lifestyle in itself is a rather destructive one. 

Historical data speaks to this fact and even today, the U.S. Centers for Disease Control and Prevention or CDC (in Barack Obama's own backyard), released a 2010 analysis of heavily affected populations showing "men who have sex with men," or MSM, account for a large majority of new HIV infections, much more so than even infection drug users, or IDUs
"The CDC estimates of new HIV infections in 2010 show homosexual men have a much higher incidence of HIV infection than other groups, including injection drug users, or IDUs In fact, “CDC estimates that MSM represent approximated 4 percent of the male population in the United States, but male-to-male sex accounted for more than three-fourths (78 percent) of new HIV infections among men and nearly two-thirds (63 percent) of all new infections in 2010.” An estimated 1.1 million Americans are currently infected with HIV, and at least one quarter of those are said to be unaware of their infection. While some people experience symptoms early, others go years without experiencing any signs."
 Furthermore, according to the same CDC in the United States, 95% of HIV cases among boys and young men has been linked to homosexual sex. With data like this, one can't but wonder what exactly the agenda of the West is in spreading this destructive lifestyle to a continent (Africa) already decimated with high rates of HIV infection (through questionable sources).

While no one is at all advocating violence against homosexuals in any way, the lifestyle is one that is not compatible with the values, customs and traditions of Africans and our leaders MUST NEVER cave in to clandestine pressure from the United States or its Western allies, on this matter. It is in fact a matter of life and death for Africa and its people.

If Barack Obama was truly concerned about human rights, he would be equally concerned about the persecution of Mormons in the United States who choose to have more than one wife as part of their religion. Even more hypocritical is the fact that the same Western nations that speak so much about fundamental human rights and religious freedoms would never accede to the rights of a Muslim to have more than one wife on their soil, even though Islam allows a Muslim man the freedom to have up to four wives.

The truth is that this is not and has never been about human rights. Homosexuality is a life style choice and in most cultures, it is viewed as a form of deviant sexual behaviour and not seen as a lifestyle with any enduring value in the long run to society, more-so regarding the sustainability of the latter from a procreative stand-point.

Just recently as well, the Church of England (the Anglican Communion) perhaps as a result of the uncompromising pressure from its powerful Nigerian affiliate, has advised against the blessing of homosexual marriages. Perhaps, Barack Obama and Susan Rice (who should be arrested if and when she ever makes the mistake of stepping on Nigerian soil) might want to register their complaint to the Church of England.

The reality is that a reverberating backlash has ensued in the wake of the aggressive nature of the homosexual agenda and we are only just seeing a tip of the ice-berg. Nigeria has led the way on the African continent and other African countries must follow as the continent will crumble under the weight of a virulent assault on its medical and socio-cultural "infrastructure".

For one thing, in addition to Ugandan President Yoweri Museveni acceding to the constitutional wishes of the Ugandan people, Africa must adopt a "stay away" period and shun the current U.S. administration until it respects the sovereignty and territorial integrity of its member states.

It has become quite clear that this son (Barack Obama) of a Kenyan intellectual is no friend of Africa.

Friday

Friday "Love Jones"

Anita Baker - Same Ole Love




NO COPYRIGHT INFRINGEMENT INTENDED
FOR ENTERTAINMENT PURPOSES ONLY
Anita Baker Rapture (1986)

Monday

As Jonathan's witch-hunt continues, outspoken critic Femi Fani-Kayode ordered to be re-arraigned for money laundering

Femi Fani-Kayode
CC Global News

LAGOS, NIGERIA - A Federal High Court on Monday, ordered the re-arraignment of former Aviation Minister, Femi Fani-Kayode, facing charges of money laundering.

Justice Rita Ofili-Ajumogobia, who was recently mired in controversy surrounding her physical assault on a clerical officer attached to her office, gave the order while ruling on an application of objection filed by defense counsel for the accused, Femi Fani-Kayode. 

The prosecutor, Mr Festus Keyamo, on Jan. 27, filed an amended 40-count charge bothering on money laundering against Fani-Kayode and urged the court to order him take his plea. 

Fani-Kayode was first arraigned December 2008, on a 47-count charge of money laundering and he had pleaded not guilty to the charge.

He was then granted bail, at the time.

The prosecutor told the court that the offence contravened the provisions of sections 15(1) (a) (b) (c) (d) and 15 (2) (a) (b) of the Money Laundering (prohibition) Act, 2004.

But Adedipe objected to the amended charge preferred against his client.

He argued that the amended charge was invalid as it did not disclose the identity of the source from whom the accused allegedly obtained the money.

He further submitted that his client was therefore not in a position to take his plea in the matter and described the charge as “ incompetent”.

Ruling on the application on Monday, Ofili-Ajumogobia ordered the accused to take his plea.

She held that it was an abject misconception on the part of the defense counsel to have raised the objection in the first place.

"The charge against the accused is valid and hereby sustained. The objection raised by the defense counsel lacks merit and should not have been raised in the first place. The accused is hereby directed to plead to the charge.”

The judge also agreed with the Prosecution’s submission that the non disclosure of the identity of the giver or receiver of the money was immaterial and could not affect the validity of the charge.

She, therefore, adjourned the case to March 5 to enable the prosecutor re-arraign the accused on the charge of money laundering. 

Thus, as it has now become common place with the Jonathan administration, the current Aviation Minister, Stella Oduah, continues in that same role despite allegations and evidence of high level corruption (including egregious Code of Conduct violations) while the president continues his ill-advised witch-hunt of political opponents.  

Holder’s same-sex marriage move stirs up separation of powers debate

Attorney General Eric Holder
By Scott Bomboy

Attorney General Eric Holder is making sweeping changes about how the federal government extends rights to legally married same-sex couples, in areas where the Justice Department has jurisdiction. The move should add more fuel to the debate over the roles of the executive, Congress and the states in deciding social issues.

The official policy statement will come from Holder on Monday, but news of it leaked out on Saturday before Holder made a public speech in Manhattan on Saturday night.
Holder, in the latest series of steps promised by the Obama administration, will issue a Justice Department policy memo. The directive will say that same-sex couples, who are legally married under the laws of a state that recognizes such unions, should receive equal benefits and treatment in areas like federal lawsuits and the U.S. court system, as well as in federal prisons.
“This means that, in every courthouse, in every proceeding and in every place where a member of the Department of Justice stands on behalf of the United States — they will strive to ensure that same-sex marriages receive the same privileges, protections, and rights as opposite-sex marriages under federal law,” Holder said at the Human Rights Campaign’s Greater New York Gala at the Waldorf Astoria in New York.
The move comes almost three years after the Justice Department said it wouldn’t defend the Defense of Marriage Act (DOMA) in court and about seven months after the Supreme Court said a key part of DOMAwas unconstitutional under the Fifth Amendment, in the United States v. Windsor case.
Two groups opposed the move, issuing statements questioning the Justice Department’s policy directive as infringing on states’ rights or overstepping the Executive’s constitutional authority.
“This is just the latest in a series of moves by the Obama administration, and in particular the Department of Justice, to undermine the authority and sovereignty of the states to make their own determinations regulating the institution of marriage,” said Brian Brown, president of the National Organization for Marriage, said in the statement.  “The American public needs to realize how egregious and how dangerous these usurpations are and how far-reaching the implications can be. The changes being proposed here . . . serve as a potent reminder of why it is simply a lie to say that redefining marriage doesn’t affect everyone in society.”
Family Research Council President Tony Perkins said the Justice Department’s move was a stretch into territory not yet settled by the Supreme Court.
“While the Supreme Court’s ruling in the Windsor case last summer required the federal government to recognize such unions in states which also recognize them, the Court was conspicuously silent on the status of such couples when they reside in a state which considers them unmarried,” Perkins said. He wants the issue settled in Congress and pointed to proposed legislation that would force the federal government to defer to the states when it comes to treating same-sex couples married in another state.
Holder cast the decision as the latest step in the nation’s evolving struggle with Civil Rights.
“The Justice Department’s role in confronting discrimination must be as aggressive today as it was in Robert Kennedy’s time,” Holder said on Saturday. “As Attorney General, I will not let this department be simply a bystander during this important moment in history.”
Currently, same-sex marriages are legal in 17 states and the District of Columbia, while 33 states don’t recognize same-sex marriages through various legal or statutory means.
Holder’s move has already agitated opponents who believe President Obama is legislating from the White House by using executive orders and Justice Department memos to make policy decisions that should fall to Congress, or the courts.
Senate Majority Leader Harry Reid also is supporting a possible Obama executive order that would ban workplace discrimination against lesbian, gay, bisexual and transgender federal contractors. The Senate has passed a bill on the matter that has been stalled in the House.
Every president since George Washington has issued executive orders, with the assumed authority under Article II of the Constitution, based on the president’s role as the chief executive and commander in chief, and his powers to make sure laws are “faithfully executed.” (Holder’s directive, while not an executive order, will have a similar policy effect.)
This power is limited, however. In 1952, the Supreme Court overturned an order to nationalize steel mills during the Korean War. “The President’s power to see that laws are faithfully executed refutes the idea that he is to be a lawmaker,” said Justice Hugo Black.
In the Windsor decision about DOMA, Justice Anthony Kennedy did confirm in the Court’s majority opinion that “by history and tradition the definition and regulation of marriage has been treated as being within the authority and realm of the separate States.”
But Kennedy said since DOMA affected more than 1,000 federal statutes by limiting federal benefits eligibility to opposite-sex couples, it violated the rights same-sex couples already had in states where they were legally married, by forcing them to live as “unmarried” for federal purposes.
Since the June 2013 DOMA decision, the Obama administration moved to extend equal work benefits and tax considerations to same-sex couples who are federal employees.
Holder is also involved in a controversy in Utah over a U.S. district judge’s ruling in December that the state’s ban on same-sex marriage is unconstitutional. The Supreme Court later stayed that decision pending appeal, and Holder said he would ensure that about 1,300 same-sex Utah couples married in a 17-day period between judicial rulings would receive federal benefits.
Scott Bomboy is the editor-in-chief of the National Constitution Center.