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Lamar Smith's Fearmongering Robo-Call: "Jail Time For Resisting Obamacare!"


by: Katherine Haenschen

Thu Dec 03, 2009 at 08:41 AM CST


If death panels weren't enough for the Republicans, now Lamar Smith is sending robo-calls across his district claiming that President Obama will incarcerate people who don't buy in to the public option. Evidently Lamar has been spending too much time reading Free Republic and getting policy advice from Sarah Palin.

Harold Cook has the full audio:

"Under the health care plan Democrats passed, if you do not buy the government-prescribed health insurance, you can be fined or put in jail for up to five years. Do you want the government to have the power to make you buy health insurance?" -- Lamar Smith

So, I did a little research. First off, the Senate's two committee bills specifically prohibit penalities such as jail time. One can be assessed a tax for refusing to enroll in any insurance program. But both the Senate Finance and HELP bills specifically prohibit any punishment other than a tax for not getting insurance.

This distortion comes from the House bill's reference to the general penalties for folks who willfully refuse to pay their taxes. However, in practice, if someone refuses to pay the health-insurance related portion of taxes for political reasons or as an act of protest, a tax which will only be assessed if they refuse to enroll in any insurance at all, they're not going to jail.

Now, it is true that in America (as with most developed nations), if you choose to use illegal methods to deliberately avoid paying the taxes you owe you can go to jail. This level of tax evasion goes beyond accidentally misstating your income--we're talking about deliberate efforts to knowingly disguise income to avoid paying taxes on it. (Like, for instance, my former crazed Neo-Conservative boss who hid millions of income in the Caymans. True story.)

So honestly, unless there are some "good patriots" out there planning a Wesley Snipes-level of tax evasion (whom prosecutors allege owes over $2.7 million in unpaid taxes) you're not going to jail for not paying your taxes. And really? If you have so much money you even owe $2.7 million in taxes? You can afford health insurance, and you're not the problem here. (Other famous jailed tax evaders? Joe "Girls Gone Wild" Francis and Richard "Survivor Winner" Hatch. Not a good club. Pay your taxes.)

An interesting side note: folks who refuse to pay all or part of their taxes in a form of protest against the government (war tax resisters, for example) have virtually no history of receiving criminal prosecution. So, tax-haters, you can even protest this penalty for refusing insurance by protesting the tax, and have no fear of going to jail.

This scaremongering from Lamar Smith sounds like the rest of our Texas Republicans in Congress, who spent most of the House floor debate yelling about how having insurance imperils our freedom. Ah, yes. Our freedom. Our freedom to be denied insurance for a pre-existing condition like acne. Our freedom to go bankrupt from medical bills. Our freedom to choose between paying for prescriptions or paying the rent.

Texas Republicans want to preserve the status quo--24% of Texas residents uninsured, 20% of Texas children uninsured--the worst statistics of any state in the nation. These lies and distortions have been spreading around the Republican base, aided and abetted in part by one Sarah Palin, who in addition to fanning the flames of the "death panels" lie, has been promulgating the idea that Nancy Pelosi wants to throw good, honest tax evaders in jail.

Fact is, the average American family pays $1,077 per year to cover the costs of uninsured Americans, who--like those of us with insurance--still get sick, and are often forced into the emergency room as a result. So while the Republicans keep fear-mongering and riling up their base, Americans are dying from lack of basic care. Seems to me that I'd want my elected officials to focus more on that... Rather than suggesting that President Obama and/or Nancy Pelosi want me to go to jail.

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But that provision IS there.. (0.00 / 0)
There is that provision that calls for a "fine" which is really an additional 2.5% income tax.  Must be nice to live in a world where you believe "safety nets" cover everyone. In reality, many will not qualify for subsidies and will not be able to afford to use the insurance they will now be forced to buy so they will opt to pay the "fine" and take their chances with the public health care system as they do now. And then worry about the rent or mortgage and the light bill and the other bills they would have used that 2.5% to pay. That they now don't have.

Health care reform as presented by the Democrats reads more like health care reform as presented by the Republicans.

In reality it is health care reform as written by the health care industry.  

Quite a few Democrats told us deregulation would bring us lower light bills.  Just as quite a few Democrats are telling us this will "solve the problem" when in fact it will worsen the problem for many.

Rather than deal with the accusation of being socialists and pushing through a bill that offered affordable universal health care for all, which would involve nothing more than expanding Medicare, the Democrats have chosen to once again fall into line with their fellow Republicrats and maintain the principles not of democracy but of oligarchy.

One recent poll indicated 47% of Americans no longer identify with either party. I wonder why.

Nancy Pelosi made one comment about sending the "pests" picketing outside her door to jail the way she could, and would send the homeless to jail.

Apparently she likes the power of sending people to jail.  


A single payer system (3.00 / 1)
would be the best case scenario for all Americans.  Unfortunately only a handful of progressive Democrats would vote for such a plan.  If Republicans and Blue Dogs have a problem with the present watered down HC Bill, proposals for single payer would have died within 10 seconds.

The problem is the influence/campaign donations the health insurance industry wields over members of Congress.  Serious campaign finance reform is long overdue in both Washington and Austin.  We should drag our lawmakers into rehab centers to cure their insatiable addition to money.  We should beat the health insurance industry down by implementing anti-trust legislation and bust up their monopolies.  More than a little competition is long overdue.
 


Regardless of the quality of the reform package Lamar is still a liar (3.00 / 1)
Baby Snooks claims "But the provision is there" no it's not since Lamar says there is jail time involved when there clearly is not. I'm not a fan of the fine but the way things are going the cost of insurance is going up anyway and if millions more are covered I don't think a 2.5% fine is all that bad. I pay 33% of my income for medical insurance and deductibles etc. 2.5% is as drop in the bucket.

As long as corporations are people and money is speech, then democracy is a farce.

It was there last time I looked... (0.00 / 0)
It was there in any case. Perhaps someone had a second thought and removed it? Otherwise, you don't pay the 2.5% additional income tax, you will be charged with tax evasion. And can go to prison.  Doesn't mean you will. But you can if you get the wrong prosecutor or the wrong judge in the wrong state.  Like Texas.  

[ Parent ]
2%? (0.00 / 0)
I would gladly pay 2% of my income taxes to ensure every grandmother recieved her heart medications, every young mother had access to prenatal care, and every young child with leukemia recieved proper treatment.

I would gladly pay 2% of my income tax for the assurance that the family of the child with leukemia would not lose their insurance coverage as there would always be an affordable option for them to fall back on.

I will happily pay 2% of my income taxes for the rest of my hopefully ling life if I know that people won't be trapped in the sick cycle of bankruptcy, foreclosure, and homelessness because of medical debt anymore.

This insurance plan is a good plan because it is a compromise between liberal and conservative, but the conservatives are too blinded by rage or some kind of lunacy to see that.    


[ Parent ]
I called his office and spoke to a deputy chief of staff about the poll.. (3.00 / 1)
My major complaint was that it was a push-poll and implemented on my dime. It was full of Republican mis-characterizations, intended to scare the general public, and presented as a poll.

Call and ask to speak with someone responsible for the poll. You'll get through to someone who'll at least hear what you have to say, instead of just checking off some statistics.

< Place clever signature here >


got that call (3.00 / 1)
it was awesome. so NOT designed to measure opinion...only to assure support for HIS opinion.

i'm sure i busted the curve. "yes, i do want congress to raise my taxes, put me in jail and take away my guns.  so glad to hear from you. thanks for calling."

it is great technology, though. i'm going to start using it this cycle.

Please refer to KT's signature.


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