Standing Against Abuses of Power

Congress has a constitutional responsibility to conduct oversight and stand vigilantly against abuses of power.

An 18-month investigation made public this week by the Ways and Means Committee, on which I serve, along with the Energy and Commerce Committee found the Obama administration knowingly spent billions of dollars on Obamacare without the consent of Congress.

So far, the administration has sunk $7 billion into a cost sharing reduction (CSR) program, through which insurance companies have been paid in order to reduce out-of-pocket costs for some Obamacare consumers. However, nothing in the Affordable Care Act directly authorized spending on this program and funds were not appropriated, which means the administration once again circumvented the legislative branch to prop up its failing health care law.

This spending violates the appropriations process – the power of the purse granted to Congress by the Constitution. In short, it is illegal.

The report also outlines how the administration tried to prevent Congress from obtaining information on the CSR program. Agencies did not comply with subpoenas, delivery of some subpoenas was delayed, witnesses were instructed not to answer certain questions, and the administration attempted to invoke privileges to withhold information.

Further investigation by the committees found the administration knew it was not permitted to spend these funds without congressional approval but did so anyway. Top officials including former Attorney General Eric Holder, Health and Human Services Secretary Sylvia Burwell, and Treasury Secretary Jack Lew all signed off on the program.

The Obama administration has a lengthy track record of brushing aside the rule of law to accomplish its own agenda and prevent transparency. We saw yet another example this week, when FBI Director James Comey detailed former Secretary of State Hillary Clinton’s “extremely careless” handling of classified information on her private server yet recommended no charges be brought against her.

The FBI will likely end up regretting its recommendation not to charge Secretary Clinton, as it undermines both the agency’s credibility and the rule of law. Director Comey even said, “To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences.”

Though the administration is again placing Secretary Clinton above the law, this decision only adds to Americans’ frustration about her dishonesty, lack of judgment, and disregard for our national security. I believe even more people will find she is unfit to serve as commander-in-chief, especially as Congress now plans to ask the FBI to investigate whether she lied under oath.

While the administration continues to turn a blind eye to the rule of law, this does not mean Congress should abdicate its oversight responsibilities. In fact, it is even more important for the legislative branch to investigate these abuses of power and hold the executive branch accountable.

Consistent oversight of the President and federal agencies is crucial to help the American people make informed decisions about the direction of our country and who should lead it.