House Committee on Oversight and Government Reform Ranking Member Darrell Issa (R-CA) released the following statement regarding Judge Nina Gershon’s ruling to impose a preliminary injunction on the continuing resolution enacted by Congress that bars ACORN and its affiliates, subsidiaries, and allied organizations from receiving federal funding from the government.

“On the same day that ACORN’s violation of Delaware state lobbying laws was revealed, a liberal, Clinton-appointed activist Judge has ruled to usurp the prerogatives and authority of the United States Congress.  This left-wing activist Judge is setting a dangerous precedent that left-wing political organizations plagued by criminal accusations have a constitutional entitlement to taxpayer dollars.  The Obama Administration should immediately move to appeal this injunction.”

Earlier today, as part of House Oversight and Government Reform Committee Ranking Member Darrell Issa’s (R-CA) ongoing investigation into the Association of Community Organizations for Reform Now’s (ACORN) lobbying and election activities, the Delaware State Public Integrity Commission responded to a letter of inquiry sent by Issa revealing that “no person has ever registered to represent any of the ACORN affiliates identified in the Committee’s letter” and that after being notified that a “lobbyist must register” they had yet to do so while still engaging in lobbying activities. 

The Public Integrity Commission has subsequently sent a certified letter to Delaware ACORN “stating that the law provides that the Public Integrity Commission can refer suspected violations of the lobbying law to the Attorney General for investigation and prosecution.  The matter will be on the Commission’s agenda for its December 15, 2009 meeting.”

“After being notified of their failures to adhere to state lobbying laws, Delaware ACORN has ignored state law while still engaging in lobbying activities,” Issa said.  “This is another example of ACORN’s blatant disregard for the law.  ACORN continues to submit fraudulent filings while failing to abide by the lobbying and election rules while claiming to be a community organization that operates within the boundaries of the law – nothing could be further from the truth.”

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1. uberVU - social comments says:

   December 11, 2009 at 4:32 pm

   Social comments and analytics for this post…

   This post was mentioned on Twitter by DarrellIssa: Who is trying to block the bipartisan defund ACORN act? http://sdrostra.com/?p=1591 Unbelievable. #tcot…
2. Activist Judge: Congress Cannot Stop Payments To ACORN says:

   December 11, 2009 at 4:51 pm

   [...] Rep. Darryl Issa: On the same day that ACORN’s violation of Delaware state lobbying laws was revealed, a liberal, Clinton-appointed activist Judge has ruled to usurp the prerogatives and authority of the United States Congress. This left-wing activist Judge is setting a dangerous precedent that left-wing political organizations plagued by criminal accusations have a constitutional entitlement to taxpayer dollars. The Obama Administration should immediately move to appeal this injunction. [...]
3. Twitted by CrazeeRick says:

   December 11, 2009 at 5:44 pm

   [...] This post was Twitted by CrazeeRick [...]
4. BlueRager says:

   December 12, 2009 at 5:47 am

   Would you still be outraged if it sounded like this?

   “A Federal Judge has ruled to uphold the constitutional provision against “bills of attainder.” The Judge has upheld the legal precedent that political organizations and private government contractors plagued by criminal accusations have constitutional entitlement to due process in the justice system of the United States.”

   Fact is, Congress does not have the authority to judge and impose financial penalties. That would be the job of the courts. The act of Congress that attempted to defund ACORN was a reminder of the acts of tyrannical kings who used similar powers for political gain.
5. Terry says:

   December 12, 2009 at 7:32 am

   Fortunately for democracy, the rule of law, and the constitution, Committee Ranking Member Darrell Issa’s (R-CA) does NOT get to act as judge and jury in determining criminal behaviour. This is for a very good reason, designed to protect us all, and which has been quite effectively explained elsewhere.

   However, if anyone can cite factual information as to crimes committed and adjudicated under due process of law in the judiciary to which ACORN have been found guilty, please feel free to cite the location of such verifiable information.

   Meanwhile, a number of defense contractors HAVE been found guilty and punished by the courts of various law breaking, but I see no mention of this here nor do I see any bills passed by congress that defund these contractors. How curious.
6. Major Victory for ACORN and the Constitution | There is a way Jose says:

   December 12, 2009 at 9:01 am

   [...] prospects for appointment to a higher court and can subject her to intense attacks, as is certainly going to happen here.  But being constitutionally immunized from the whims of the political process enables a federal [...]
7. Wes says:

   December 12, 2009 at 9:13 am

   You refer to Nina Gershon as an “activist” judge. I’m not really clear on what constitutes that kind of behavior. Would you please cite previous court cases where she has ruled in a way that you would describe as “activist”?

   And the idea that the party of the president that appointed her makes her an “activist” judge is laughable. When Vaughn Walker (who was appointed by Bush Sr., no less) ruled against the Bush administration on warrantless wiretapping, where were the cries of judicial “activism” then?
8. abiodun says:

   December 12, 2009 at 10:41 am

   Rep Issa will however accuse this judge as “activist”. Maybe he should have read the constitution(which the judge has obviously read) before the bills were passed and before his press release. Who appointed the congress as judge and jury over any individual or group? This was clearly a bill of attainder, as well demonstrated in an exchange between Grayson and Price in the House.
9. Bill Jones says:

   December 12, 2009 at 2:08 pm

   Anyone who knows actually reads the constitution can specifically see: Article I, Section 9, paragraph 3 provides that: “No Bill of Attainder or ex post facto Law will be passed.”

   A bill of attainder is an act of the legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a trial.

   Which is exactly what happened with Acron! Now I don’t agree with anything they did when those tapes came out, but to say this is judicial activism just shows how retarded and a right-wing lune the writer of this article is. I am a conservative, but clearly Acron was being punished (taking away their funds) because they were guilty of helping the prostitution people.

   At least if you are going to criticize people, get your facts right! It is embarrassing!
10. orangutan says:

    December 12, 2009 at 7:32 pm

    Thank you to Judge Gershon for upholding the extremely crucial constitutional stipulation that is the judicial branch, not Congress, that conducts criminal trials, makes determinations of guilt, and imposes punishment. Shame on Representative Issa for ignoring the constitutional foundation of our nation to pursue narrow political objectives.
11. Preliminary Injunction Issued in ACORN Bill of Attainder Case. [The Questionable Authority] « Random Information says:

    December 12, 2009 at 8:34 pm

    [...] enough, the decision has sparked an epidemic of exploding Conservative heads, with Representative Darrell Issa (R-CA) leading the charge: “On the same day that ACORN’s violation of Delaware state lobbying laws was revealed, a [...]
12. The Baltimore Reporter says:

    December 13, 2009 at 8:26 pm

    [...] Rep. Darryl Issa: On the same day that ACORN’s violation of Delaware state lobbying laws was revealed, a liberal, Clinton-appointed activist Judge has ruled to usurp the prerogatives and authority of the United States Congress. This left-wing activist Judge is setting a dangerous precedent that left-wing political organizations plagued by criminal accusations have a constitutional entitlement to taxpayer dollars. The Obama Administration should immediately move to appeal this injunction. [...]
13. mickey says:

    December 14, 2009 at 4:18 am

    congress has the power to fund or not to fund any program. The Committee On Unamerican Actives was unfunded by congress. By ted Kennedy. Where was the outrage over this defunding? why was this not unconstitutional also? Maybe the congress should not fund the next budget bill ! Maybe then the administration will through ACORN under the bus.
14. Sarcastro says:

    December 14, 2009 at 7:46 am

    Mickey, the HUAC (known as the House Committee on Internal Security by this time) was disbanded in 1975 and its functions rolled into the Judiciary Committee. It was not ‘defunded’ and even if it were Ted Kennedy, a SENATOR, would have nothing to do with defunding a HOUSE committee. And committees of the United States House of Representatives are not, in any imaginable way, akin to ACORN when it comes to funding issues.

    Seriously. Where do you dig up moronic crap like this?