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COMMENTARY: WHEN YOU CAN'T WIN IN THE COURTS,

BUY A SENATOR -- Sen. Daniel Akaka (D-HI), Senate Vets'

Chair, submits bill for White House that would overturn

two key Court rulings favoring veterans' benefits.

 

Sen. Daniel Akaka (D-HI), Senate Vets' Chair

 

Commentary below: Please note that the original version of this commentary did not mention that Sen. Akaka submitted this bill "by request" from the White House.  That omission has been corrected.

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Who bought Sen. Daniel Akaka?  The White House.

Sen. Akaka (D-HI) is the Chairman of the Senate Committee on Veterans' Affairs.

Last Thursday (September 6, 2007), Akaka introduced S. 2026 "by request"...that is, "by request" of the White House (see note below).  The bill reads as follows:

This legislation would undo two key Court decisions that were very favorable to veterans. 

The Nehmer decision (by the U.S. District Court for the Northern District of California and the U.S. Court of Appeals for the Ninth Circuit) and Haas decision (by the U.S. Court of Appeals for Veterans' Claims) would be undone if Akaka's legislation were to pass.

This bill is totally opposite of all Akaka has done it the past.  His reputation for being pro-veteran, up until now, has been solid gold.

So, who bought Sen. Akaka?  Why would he knuckle to White House pressure and submit "by request" legislation?

That information is likely to be determined in the next few days as this story makes the rounds in Washington.  At the moment, Akaka has not commented on the legislation so we don't know his reasoning.  Once he comments, if he comments, we'll get a better idea.

This legislation is pro-VA (for the money it would save) and very anti-veteran.

The VA lost two key decisions in Court.  And, as the Haas ("Blue Water Navy") case drags on in the Court of Appeals, it looks like the VA is going to lose and Haas will be upheld.  It only makes sense that the VA would put pressure where pressure can be applied to have these decisions overturned by legislation.

Someone got to Akaka.  A favor being repaid?  Perhaps.  He didn't have to submit this "by request" legislation.

I would like to think that someone slipped this bill on Akaka's desk while he was napping in his office.  Or, maybe an aide convinced him it really is the right thing to do.  (see NOTE at end of article for explanation)

Akaka is not known as the brightest bulb on the Capitol Hill Christmas tree.  He has difficulty speaking without a script and a number of political bloggers in Hawaii have referred to him as "half-senile" or "senile but harmless."

I can't speak to Sen. Akaka's mental condition.  But, I have always felt it was his staff who kept him on course when he had a tendency to wander.  And, wander he has with this legislation.

Veterans fought long and hard to win the Nehmer and Hass decisions.  They used the legal system the way it was meant to be used...and they won.

To have those precious victories overturned by the whim of a single Senator is outrageous.

Veterans cannot let these decisions be overturned.  Akaka must be convinced to pull this legislation.  Call the Democratic staff office at (202) 224-9126.  Or fill out the form on this page...
 http://www.veterans.senate.gov/
public/index.cfm?pageid=1

Call your service organizations.  Get hold of your elected representatives.  We must not let S. 2026 pass.

 

(NOTE:  Sen. Akaka submitted this legislation "by request."  That is, "by request" of the White House.

From the Congressional Research Service (CRS):  "A Senator may, however, introduce a bill as a courtesy, such as legislation proposed by the President.  In such a case, the sponsor may designate the bill as introduced 'by request.'"

Senator Akaka may have done this as a "courtesy" to the White House, but, he did NOT have to extend that courtesy. This could have been handed to the Ranking Member of the Committee [a member of the President's party] to submit.

As it stands, Akaka is THE sponsor of the legislation.  His name is on it.  He did NOT have to do this.

Akaka's "courtesy" is not appreciated in the veterans' community.)

 

You can find the Court's ruling on Haas here...
http://www.vetapp.uscourts.gov/
documents/Haas_04-0491.pdf

For a detailed explanation of the Nehmer case, go here...
http://www.nvlsp.org/Information/
ArticleLibrary/AgentOrange/A
O-retrobenefitrules.htm

For more on the Nehmer decision, use the VA Watchdog search engine...click here...
http://www.yourvabenefits.org/ses
search.php?q=nehmer&op=and

For more on the "Blue Water Navy" and the Haas decision, use the VA Watchdog search engine...click here...
http://www.yourvabenefits.org/
sessearch.php?q=blue
+water&op=ph

For more on Sen. Daniel Akaka, use the VA Watchdog search engine...click here...
http://www.yourvabenefits.org/ses
search.php?q=akaka&op=and

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Larry Scott  --