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Did President Trump Violate Federal Law asking the NFL to fire Players who Kneel during the National Anthem?

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President Trump on Sunday tweeted yet again about NFL players who do not stand for the national anthem, asking the league to “fire or suspend” them.– Photo credit: Baltimore Sun

Amid the controversy surrounding President Trump suggesting NFL team owners should fire any player who protests during the national anthem, a more serious legal matter comes to the fore and could create severe legal implications for Trump.

Did President Trump in his speech before the Huntsville, Alabama rally commit a federal crime? More significant to the question with implications of a possible crime—could Trump’s tweets be used as evidence to argue a case of a federal crime?

Is it fairly reasonable to state that the tweets are also arguably in violation of 18 U.S. code § 227, which prohibits the president (among others), from “attempting to influence or interfere” in a private company’s labor matter, to urge a “political” firing?

Is President Trump’s urging of the firing of such a private company employee (union covered, collective bargaining agreement governed) —”centered on protected political first amendment expression.”

Fact—It is a Federal crime for a Federal officer, including the president, to influence the hiring or firing decisions of a private company due to political reasons.

On the heels of Trump’s speech at the Alabama rally, he walked the razor’s edge—many voicing concerns via social media and the airwaves that President Trump has broken the law or has come very close to it.

Their chief argument—President Trump called for professional sports team players to be fired in the event they “kneel” or “sit” during the National Anthem.  Many in the legal arena state this is ‘not’ a federal crime.

If the president expands his suggestion by threatening to “suspend” the Federal contract or FBI/DHS protection or security coordination with the NFL or NBA or NHL or MLB until such players are fired, Trump will have violated Federal law.  This law includes fine and prison up to 15 years.

The legal ramifications should  sound an alarm for Trump’s Department of Justice.  Trump’s rant to fire NFL players kneeling during the national anthem should also have the legal experts within the White House, and other legal, sports law “experts” examining the statute 18 USC §227, specifically section (a) (1) of the relevant statute, which requires:

[takes or withholds, or offers or threatens to take or withhold, an official act]

Looking further into the language of the relevant statute;

U.S. Code § 227 – Wrongfully influencing a private entity’s employment decisions by a Member of Congress or an officer or employee of the legislative or executive branch:

(a) Whoever, being a covered government person, with the intent to influence, solely on the basis of partisan political affiliation, an employment decision or employment practice of any private entity—
(1) takes or withholds, or offers or threatens to take or withhold, an official act, or
(2) influences, or offers or threatens to influence, the official act of another,
shall be fined under this title or imprisoned for not more than 15 years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States.
(b) In this section, the term “covered government person” means—
(1) a Senator or Representative in, or a Delegate or Resident Commissioner to, the Congress;
(2) an employee of either House of Congress; or
(3) the President, Vice President, an employee of the United States Postal Service or the Postal Regulatory Commission, or any other executive branch employee (as such term is defined under section 2105 of title 5, United States Code).

(Added Pub. L. 110–81, title I, § 102 (a), Sept. 14, 2007, 121 Stat. 739; amended Pub. L. 112–105, § 18 (a), Apr. 4, 2012, 126 Stat. 304.)

(Source):  https://www.law.cornell.edu/uscode/text/18/227

Regarding the legal ramifications, a question of Trump committing a federal crime could be weighted and measured against the varying principles surrounding what or who is deemed exempt from federal anti-trust laws.  What was the intent of Trump and does the NFL franchise fall into the category of a “private company.”

“It is a Federal crime for a Federal officer, including the President, to try to influence the hiring or firing decisions of a private company due to political reasons.”

Addressing whether Trump has violated any laws— his rant about the NFL players hangs in the balance of how one interprets the law, and without question, Trump comes very close to breaking this law.

He has already called for the NFL players firing if they “sit” or “kneel” during the National Anthem.  That itself may not be interpreted by some legal experts as a crime.  However; if Trump expands his suggestion of firing NFL players by threatening to suspend Federal contracts or FBI/DHS protection or security coordination with the NFL, NBA, NHL or MLB until players are fired, the president will have violated Federal law.

The specific statute—18 U.S. Code § 227 – Wrongfully influencing a private entity’s employment decisions by a Member of Congress or an officer or employee of the legislative or executive branch—as it relates to President Trump’s actions includes fine and prison up to 15 years.

The National Football League is a professional American football league consisting of 32 teams, divided equally between the National Football Conference and the American Football Conference

Founded in 1920, the NFL, formerly known as the American Professional Football Conference (1920-1921), is headquartered in New York City and considered the most popular sports league in North America.

The NFL is a tax-exempt, publicly traded company and According to Forbes, the value of the 32 NFL teams combined is about $45.7 billion. On average, this is 4.8 times annual revenue. Compare this to Manchester United, which is publicly traded (NYSE: MANU).

Related information on the NFL and Trump:

 

LeNora Millen  09-25-17

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Lifestyle

Simple Solutions to Combat Winter Skin Sensitivity

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The winter season is here, and it’s important to get in the habit of taking care of your skin. Cold weather brings low humidity levels and dry air, which can suck the moisture from your skin, and without proper care, skin can become dry, cracked and irritated, causing discomfort.

This winter, focus on a regimen that helps protect and hydrate skin so you can spend time enjoying the benefits of winter like family game night, snow days and snuggling by the fire.

Prepare your family for cold weather with these simple tips that can be easily incorporated into your family’s daily routine, keeping skin feeling soft and healthy all winter long.

Hydrate Inside and Out. Staying hydrated during the hot, summer months is a given, but it is also important to remember that cold winter air can leave your skin parched. Use a humidifier to keep skin hydrated during the dry months and be sure to lather on moisturizer. Natural moisturizers like coconut oil and shea butter can act as protective barriers against harsh elements, sealing in moisture. In addition to hydrating on the outside, it is just as important to stay hydrated on the inside. By drinking water throughout the day, your skin can stay healthy and moisturized.

Switch to a Mild Laundry Detergent. Many common detergents can be abrasive to sensitive skin, especially when it is more vulnerable to irritation during the harsh winter months. Wash bed linens, towels and clothes with a mild detergent like all Free Clear year-round, especially during the winter months. As the No. 1 recommended detergent brand by dermatologists, allergists and pediatricians for sensitive skin, all Free Clear includes no dyes, fragrances or irritating residues. Using the power of stainlifters to fight tough stains, it is also safe for the whole family to use, keeping laundry clean while being gentle on skin.

Avoid Toxins, Specifically Allergens, and Irritants. Products that contain toxins, allergens and irritants should be avoided during months when skin is most sensitive. Choose moisturizers and skin care products that don’t contain common irritants, and opt for mild cleansers and moisturizers that are specifically labeled for sensitive skin. Castor oil is another moisturizer alternative that is natural and can be used on both the face and body.

Layer Up. Lock in moisture and protect your skin from wind, rain, and snow by wearing layers whenever you venture outside. The skin on your neck, face and hands is thinner than other areas of the body and therefore more sensitive to the effects of winter weather. Thermals, scarves and gloves can keep you warm and protect your skin from the cold, dry air. For those with sensitive skin, avoid synthetic fabrics and itchy materials like wool, and wash clothes with a dermatologist-recommended detergent like all Free Clear.

By implementing these best practices for skin sensitivity, you can minimize redness, dryness and discomfort to help skin stay healthy and glowing throughout the winter season. Visit all-laundry.com to learn more.

Photo courtesy of Getty Images

Source: All

@LeNoraMillen  01-21-18

 

 

 

 

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Lifestyle

Tire Safety Tips for Winter When Temperatures Drop

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The same temperature you can begin to see your breath at 45 F—is also when the all-season tires on your car can start to lose traction and grip.

As temperatures drop, drivers should remember that if you can see your breath, you should think about winter tires. Whether you’re planning a cross-country trek or simply driving to and from work daily, exposing your vehicle’s tires to colder weather could lead to potential trouble on the road.

Snow and ice may be fun to play in, but they make for dangerous driving conditions. Winter tires are built for cold-weather conditions and deliver improved starting, stopping and steering control in temperatures 45 F and below. The difference is the tread compound of winter tires, which stays soft and pliable in colder temperatures for superior traction. Add the tread design of winter tires with thousands of extra gripping edges and you get as much as a 25-50 percent increase in traction over all-season tires.

To help stay safe on the road this winter, the experts on tires and winter driving recommend following these four tire safety tips:

  • Get ready now. It is important to replace all four of your vehicle’s all-season tires with winter tires if you regularly drive in temperatures 45 F or below, snow or no snow. Winter tires are made of a softer rubber that allows the tires to stay pliable and maintain better contact with the road through winter weather conditions.
  • Don’t forget the wheels. Having a set of wheels specifically for your winter tires can save you money in the long run. Pairing a separate set of wheels with your winter tires can eliminate certain changeover costs and save your everyday wheels from the wear and tear brought on by ice, slush, snow, and salt during the winter months.
  • Know your numbers. Check your tire pressure at least once a month to make sure tires are at the appropriate inflation level. Temperature changes affect tire pressure – for every 10 degrees of temperature change, tire air pressure changes 1 pound per square inch. Low tire pressure can lead to decreased steering and braking control, poor gas mileage, excessive tire wear and the possibility of tire failure. Also, don’t forget to check your spare tire.
  • Rotate, rotate, rotate. To help increase tread life and smooth out your ride, rotate your tires every 6,000 miles or sooner if irregular or uneven wear develops.

Your safety is important, that’s why drivers should make it a point to beat the rush by getting winter ready before the first snowstorm or cold streak of the season hits.

Photo: Getty Images

Source: Discount Tire

 

@LeNoraMillen        01-19-18

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Health Care

Medicare Takes Aim at Medical Identity Theft: Protecting Seniors From Fraud

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Criminals are increasingly targeting people age 65 or older for personal identity theft. In 2014 alone, there were 2.6 million such incidents among seniors, according to the Department of Justice.

A growing offshoot of identity theft is healthcare fraud, which can result when someone unlawfully uses another person’s Medicare number. Medical identity theft can lead to inaccuracies in medical records, which in turn can result in delayed care, denied services and costly false claims.

That’s why Medicare works with the Department of Justice, taking aim squarely at would-be thieves. In the largest law enforcement action against criminals fraudulently targeting the Medicare, Medicaid and Tricare programs, 412 people around the country, including 115 doctors, nurses and other licensed medical professionals, were charged in 2017 with bilking U.S. taxpayers out of $1.3 billion.

New Medicare Card for 2018. (Video Courtesy of YouTube)

The next big fraud-fighting push is well underway — and its focus is protecting the personal information of senior citizens by removing their Social Security numbers from Medicare cards.

People with Medicare don’t need to take any action to get a new Medicare card. Beginning in April 2018, the Centers for Medicare & Medicaid Services (CMS) will mail out newly designed Medicare cards to the 58 million Americans with Medicare. The cards will have a new number that will be unique for each card recipient. This will help protect personal identity and prevent fraud because identity thieves can’t bill Medicare without a valid Medicare number. To help with a seamless transition to the new cards, providers will be able to use secure lookup tools that will support quick access to the new card numbers when needed.

Healthcare fraud drives up costs for everyone, but healthcare consumers can be an effective first line of defense against fraud. Follow these tips to help protect yourself:

Do

  • Treat your Medicare number like a credit card.
  • When the new card comes in the mail next year, destroy your old card and make sure you bring your new one to your doctors’ appointments.
  • Be suspicious of anyone offering early bird discounts, limited time offers or encouraging you to act now for the best deal. That’s an indicator of potential fraud because Medicare plans are forbidden from offering incentives.
  • Be skeptical of free gifts, free medical services, discount packages or any offer that sounds too good to be true.
  • Only give your Medicare number to doctors, insurers acting on your behalf or trusted people in the community who work with Medicare, like your State Health Insurance Assistance Program (SHIP).
  • Report suspected instances of fraud.
  • Check your Medicare statements to make sure the charges are accurate.

Don’t

  • Don’t share your Medicare number or other personal information with anyone who contacts you by telephone, email or approaches you in person, unless you’ve given them permission in advance. Medicare will never contact you uninvited and request your Medicare number or other personal information.
  • Don’t let anyone borrow or pay to use your Medicare number.
  • Don’t allow anyone, except your doctor or other Medicare providers, to review your medical records or recommend services.
  • Don’t let anyone persuade you to see a doctor for care or services you don’t need.
  • Don’t accept medical supplies from a door-to-door salesman.

Learn more about how you can fight Medicare fraud at Medicare.gov/fraud, or call 1-800-MEDICARE (1-800-633-4227). You can also visit a local SHIP counselor, who can provide free, one-on-one, non-biased Medicare assistance.

With a common sense approach to protecting health information, senior citizens can be effective partners in fighting Medicare fraud.

 

Source: Centers for Medicare & Medicaid Services

@LeNoraMillen       01-19-18

 

 

 

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