Shinseki faces bipartisan criticism during Hill hearing on vet health care scandal

Lawmakers accused Veterans Affairs Secretary Eric Shinseki of failing to act on repeated warnings about problems with the veterans health care system, as the embattled secretary vowed to take "all actions necessary" to fix the problems during a contentious hearing on Capitol Hill. 
"Any allegation, any adverse incident like this makes me mad as hell," Shinseki said Thursday. 
He addressed lawmakers in his first testimony on Capitol Hill since allegations that delayed health care led to patient deaths were made public. Early in the hearing, he faced heated bipartisan criticism that his department is falling down on its vital obligation to care for America's veterans. 
Sen. John McCain, R-Ariz. -- who represents the state where the scandal broke -- said the problems have created a "crisis of confidence." 
"We should all be ashamed," said McCain, a Vietnam veteran. 
Sen. Jerry Moran, R-Kan., who has called for the secretary's resignation, accused Shinseki of being in "damage control" and not taking the action that is necessary to correct the system. 
The scandal at the Phoenix division involved an off-the-books list allegedly kept to conceal long wait times as up to 40 veterans died waiting to get an appointment. Officials were accused of cooking the books to hide the fact that veterans were waiting more than 14 days, the target window. 
VA facilities in South Carolina, Florida, Pennsylvania, Georgia and Washington state have also been linked to delays in patient care or poor oversight. An internal probe of a Colorado clinic found that staff had been instructed to falsify records to cover up delayed care at a Fort Collins facility. 
Shinseki has urged officials to wait until an inspector general report is completed, as he orders a separate review, but lawmakers voiced concern that this would only lead to further delays. 
Sen. Patty Murray, D-Wash., called the allegations "deeply disturbing." "We need more than good intentions," she said, calling for "decisive action." 
A top Republican also questioned when senior leaders at the Department of Veterans Affairs learned that lower-level workers were "manipulating wait times" for veterans' health care. Sen. Richard Burr, R-N.C., ranking Republican on the panel, said that the allegations have been surfacing for a while, and information on the problems was available to the secretary a year and a half ago. 
"Why were the national audits and statements of concern from the VA only made this month?" he asked, adding that the delayed health care has resulted in "patient harm and patient death." 
Shinseki's testimony is the first since the burgeoning scandal broke on allegedly deadly health care delays in the VA system. He is facing calls for his resignation as well as demands that the VA immediately improve the way it treats America's vets. 
Shinseki said the controversy "saddens" him. In his written statement, he said the department "must do better." 
Under questioning from senators, Shinseki still defended the overall management of the VA, calling it a "good system" and claiming that cases where workers were manipulating wait times "isolated." 
Committee Chairman Bernie Sanders, I-Vt., in his opening statement, urged Shinseki's critics to wait until more details are known, acknowledging the VA health care system has "serious problems" but questioning whether it even has enough resources. 
"There has been a little bit of a rush to judgment," he said. 
Meanwhile, the chief watchdog for the VA will testify Thursday that it must immediately focus on delivering quality health care in order to save lives.
In prepared remarks obtained by Fox News from a congressional source, VA’s acting Inspector General Richard J. Griffin said: “The unexpected deaths that the OIG continues to report on at VA facilities could be avoided if VA would focus first on its core mission to deliver quality health care.” 
The two officials, along with representatives from a host of veteran advocacy groups -- including The American Legion, which has called for Shinseki's resignation -- were testifying before the Senate Committee on Veterans Affairs. The scandal started with allegations of patient deaths due to long wait times at a Phoenix VA medical center, but new reports are emerging almost daily of problems elsewhere. 
Shinseki stresses that he has already placed three employees at the Phoenix VA center on leave over the allegations that as many as 40 veterans may have died because of delayed treatment at that hospital. Further, he ordered an inspector general investigation into the matter and a nationwide review into scheduling policy.
Griffin is expected to cite deep flaws in the organizational structure of the VA that need to be fixed. In his prepared remarks, Griffin cites seven recent reports that demonstrate problems hindering the VA’s ability to provide quality health care coverage.
Examples include a September 2013 report on a VA hospital in Columbia, S.C., which found thousands of patients had their appointments for colon cancer screenings delayed. He says it found that more than 50 patients had a delayed diagnosis of colon cancer, and some later died. Another report from October 2013 discusses a facility in Memphis, Tenn., where three patients died due to improper emergency room care.
Griffin will say a review of these and other examples concluded that the VA needs to improve its system for implementing standards nationwide, saying the VA has become a network of hospitals that differ greatly from each other while attempting to accomplish the same goal.
“It is difficult to implement national directives when there are no standard position descriptions or areas of responsibility across the system,” Griffin plans to say.
Griffin says it is time for the VA to conduct a review of its systems to determine if there are changes that can be made to improve.
In discussing the current state of VA health care, Shinseki cites numerous examples of ways he says the VA has improved care over the past five years, including improving and expanding care access, working to end veteran homelessness and improving access to mental health services. He says the VA is actively working to improve patient wait times. 
The White House has stood behind Shinseki amid calls for him to resign. President Obama announced Wednesday he is assigning his close adviser Rob Nabors to the VA to work on a review focused on policies for patient safety rules and the scheduling of patient appointments.
The Associated Press contributed to this report.

Eleanor Clift stands by claim US ambassador not ‘murdered’ in Benghazi

A longtime political pundit under fire for claiming the American ambassador to Libya was not "murdered" in Benghazi is standing by her claim he died of smoke inhalation.
"I'd like to point out that Ambassador (Chris) Stevens was not 'murdered;' he died of smoke inhalation in that safe room in that CIA installation," Eleanor Clift, a columnist at The Daily Beast, said Sunday on "The McLaughlin Group."
While Clift may be technically correct in light of reports that Stevens died from smoke inhalation, she was criticized because the ambassador died as a result of a fire ignited during a terrorist raid on the Benghazi consulate on Sep. 11, 2012.
She stood by her comment Tuesday during a radio interview.
"I was taking issue with the sort of glib use of the word 'murdered,'" Clift told radio host Steve Malzberg. "My point is that it was a very chaotic event. The CIA was involved, which is why there was a lot of confusion initially, and that all the questions that this special committee is raising have been asked and answered in previous investigations."
Malzberg asked if she would feel the same way if it was her relative. She replied, "I would say he died of smoke inhalation."
Author and columnist Pat Buchanan, who was on the Sunday show's panel, reportedly said he was "stunned cold" by her remarks.
The attack on the consulate in the Mediterranean port city has been a political rallying cry since just weeks before President Obama’s re-election. With the launch of a new House investigation, Benghazi is shaping up as a byword of this fall's midterm election and the presidential race in 2016, especially if former Secretary of State Hillary Rodham Clinton is on the ballot.
"I was just trying to add a little bit of complexity, and I'm going to stick with what I said," Clift said. "I realize this causes a lot of emotion."

VA watchdog to tell Senate committee unexpected deaths 'could be avoided'

The chief watchdog for the VA will testify Thursday that it must immediately focus on delivering quality health care to avoid unexpected deaths, as VA Secretary Eric Shinseki prepared to testify he would take “timely action” if warranted. 
In prepared remarks obtained by Fox News from a congressional source, VA’s acting Inspector General Richard J. Griffin will say, “The unexpected deaths that the OIG continues to report on at VA facilities could be avoided if VA would focus first on its core mission to deliver quality health care.”
For his part, Shinseki will tell the Senate Committee on Veterans Affairs he will take “timely action” if allegations of patient deaths due to long wait times at a Phoenix VA medical center are proven true.
The hearing before the Senate Committee on Veterans Affairs Thursday is being held discuss the state of health care coverage at the VA.
According to the prepared remarks, Shinseki will note he has already placed three employees at the Phoenix VA center on leave over the allegations that as many as 40 veterans may have died because of delayed treatment at that hospital. He will state he ordered an inspector general investigation into the matter and a nationwide review into scheduling policy.
Shinseki will say that the allegations are unacceptable, and if proven true by the investigation the agency will take “responsible and timely action” to remedy the situation.
“I am personally angered and saddened by any adverse consequence that a veteran might experience while in, or as a result of, our care,” the remarks say.
Griffin will follow Shinseki’s testimony with an assertion that there are flaws in the organizational structure of the VA that need to be fixed. In his prepared remarks, Griffin cites seven recent reports that demonstrate problems hindering the VA’s ability to provide quality health care coverage.
Examples cited include a September 2013 report on a VA hospital in Columbia, South Carolina, which found thousands of patients had their consults for colon cancer screenings delayed. He says it found over 50 patients had delayed diagnosis of colon cancer, and some later died. Another report from October 2013 discusses a facility in Memphis Tennessee, where three patients died due to improper emergency room care.
Griffin will say a review of these and other examples concluded that the VA needs to improve its system for implementing standards nationwide, saying the VA has become a network of hospitals that differ greatly from each other while attempting to accomplish the same goal.
“It is difficult to implement national directives when there are no standard position descriptions or areas of responsibility across the system,” Griffin will say.
Griffin will say that it is time for the VA to conduct a review of its systems to determine if there are changes that can be made to improve.
In discussing the current state of VA health care, Shinseki will cite numerous examples of ways he says the VA has improved care over the past five years, including improving and expanding care access, working to end veteran homelessness and improving access to mental health services.
He will say the VA is actively working to improve patient wait times through a number of ongoing and future actions.
“There is always more work to do, and VA is focused on continuous improvement to the care we provide to our nation’s veterans,” the remarks say.
The hearing is the first time Shinseki will appear before Congress after a series of scandals rocked the agency. In addition to Phoenix, VA employees in Wyoming and North Carolina have been suspended over allegations of misconduct.
The White House has stood behind Shinseki amid calls for him to resign. President Obama announced Wednesday he is assigning his close adviser Rob Nabors to the VA to work on a review focused on policies for patient safety rules and the scheduling of patient appointments.

White House's Response

Clintons seek to show new vigor amid age worries

(Bailey) Will she be the first president elect to get a face lift??

CLINTONS SEEK TO SHOW NEW VIGOR AMID AGE WORRIES It’s a big day in the campaign of 2016 Democratic frontrunner Hillary Clinton. Her loyal defenders spent most of Tuesday pouring out their fury on Karl Rove for remarks Rove made about her health and fitness for office. If she wins, Clinton would be 69 when she took the oath of office, older than every president other than Ronald Reagan. A Republican strategist and Fox News Contributor pointing out that Clinton’s 2013 bout of ill health, subsequent cranial blood clot and odd therapeutic eye ware at the height of the Benghazi scandal shouldn’t cause such consternation. But Democrats have long had a Rove bugaboo, ascribing many dark arts to the architect of George W. Bush’s two presidential victories. But its more than just hating Rove. It’s that he spoke to the fear pulsating in every Democratic nerve ending: What if she can’t run? Without a seemingly viable alternative, it would be lights out for the blue team.

Dem 'disarray'? Florida House candidate drops out, Conyers kept off ballot

Democrats suffered a double blow after their choice candidate in a Florida House race suddenly dropped out and longtime Michigan Rep. John Conyers apparently failed to qualify for the primary ballot in his state. 
Republicans, looking to defend their majority in the House this fall, seized on the developments as a sign that Democrats are in "disarray" in the mid-terms. 
"Whether it's this situation [in Michigan], or Democrats finding out today they have no candidate in the Florida 13 competitive seat, House Democrats are watching any remaining hopes of making Nancy Pelosi Speaker of the House again evaporate before their eyes," said Daniel Scarpinato, spokesman with the National Republican Congressional Committee. 
In Michigan, Conyers is expected to appeal the decision after Wayne County Clerk Kathy Garrett said the Democratic congressman didn't get enough signatures to appear on the Aug. 5 primary ballot. He could still run as a write-in candidate, and the Democratic Congressional Campaign Committee voiced confidence that Conyers will ultimately win re-election. 
But in Florida, the party for the moment appears to be left without a candidate after Ed Jany, an independent running with Democratic support against Republican Rep. David Jolly, dropped out. 
The decision by the Marine and former police officer comes days after The Tampa Bay Times published a story questioning whether he padded his education credentials on his resume. 
In a statement, Jany made no reference to that report, and cited difficulty balancing the campaign with professional work he was doing in Brazil. 
"In my professional capacity, I am responsible for coordinating some of the Command and Control for Security at the World Cup in Brazil this year, something I committed to doing some time ago," he said in a statement, according to The Tampa Bay Times. "I wrongly assumed that I could maintain my professional work requirements while running for office, just as I was able to work full-time as a police officer while pursuing a full-time education and balancing my military service in the past." 
DCCC Executive Director Kelly Ward issued a brief statement on the decision. "We respect and appreciate Ed Jany's ongoing efforts to continue serving his country and wish him the best in his future endeavors," Ward said. 
But the development undoubtedly stings for Democrats, whose candidate Alex Sink narrowly lost to Jolly in a special election in March for the Tampa-area House seat. They have another chance to win the seat in the fall, but it's unclear whether the party will rally behind a new candidate. 
The NRCC described the latest development as an "epic failure." 
Each party has about two-dozen House seats in play this year, according to political analysts. That makes for an uphill battle for Democrats to close the GOP's 34-seat majority. 
In Michigan, Conyers' situation is not unprecedented. In 2012, another Michigan congressman, Republican Thad McCotter of suburban Detroit, didn't make the ballot because a staff member turned in phony signatures or ones from old petitions. 
Conyers was at risk because officials believe several people who signed his petitions do not appear to have been registered voters or had registered too late. 
Federal court actions, meanwhile, are taking aim at the requirement that petition collectors be registered voters. The ACLU has filed suit to change state law. 
Conyers' opponent in the primary, the Rev. Horace Sheffield III, said Garrett should be commended for her stand. 
"I appreciate it -- with knowing the relationship and respect she has for the congressman," Sheffield told The Associated Press on Tuesday evening. "I also respect that she did what the law called for her to do." 
Sheffield, 59, said his campaign manager, Richard Jones, filed the challenge after learning that at least two people hired to get signatures for Conyers were not registered at the time to vote in Wayne County. 
Conyers was elected to the U.S. House in 1964 after winning the Democratic primary by 108 votes. 
Since then, he routinely has won re-election -- often with more than 80 percent of the vote -- and became the senior member of the Congressional Black Caucus, which he helped found. 
His closest call came in the 2010 general election. That year Conyers received 77 percent of the vote. It came at a time Republicans swept offices across the state, including Rick Snyder's election as governor. The election also came just two months after Conyers' wife reported to prison to begin a three-year sentence for corruption. 
The Associated Press contributed to this report.

UCLA prof says stats prove school's admissions illegally favor blacks

Public universities in California are barred from using race as a factor in admitting students, but a UCLA professor who once served on its admissions oversight team says he has proof they do it anyway.
While the first round of admissions consideration is handled fairly, African-American students are nearly three times as likely to make it out of the "maybe" pile than equally-qualified white students, and more than twice as likely as Asians, according to Tim Groseclose, a political science professor at the school and author of a new book titled, “Cheating: An Insider's Report on the Use of Race in Admissions at UCLA.”
“UCLA is using racial preferences in admissions,” Groseclose, who made his case using data from 2006-2009, told FoxNews.com.
After a first look results in most applications being either accepted or rejected, a handful of senior university staff sift through those marked for further consideration, according to Groseclose. That’s where the alleged bias happens. He found black applicants were accepted at a  43 percent rate in the second round, while whites were accepted at a 15 percent rate and Asians at an 18 percent rate.
"All of the cheating was done by the senior staff,” Groseclose said.

“UCLA is using racial preferences in admissions.”- Tim Groseclose, UCLA political science professor

And race outweighs socioeconomic status, according to Groseclose. For instance, black applicants whose families had incomes exceeding $100,000 were about twice as likely to be accepted in round two as Asian and white kids whose families make just $30,000 and had similar test scores, grades and essays.
UCLA spokesman Ricardo Vazquez told FoxNews.com that the school “will not address specific assertions made by Prof. Groseclose,” but said “UCLA believes its admissions process to be fair, transparent and consistent with state law.”
Additionally, Vazquez pointed to a study on the issue that it commissioned, which was done by UCLA Sociology Prof. Robert Mare.
“An independent review of UCLA’s holistic review admissions process released in 2012 found no evidence of bias,” Vazquez said in an emailed statement.
But Groseclose said the report cited by Vazquez found that if admissions were truly race neutral, “245 more North Asian applicants would have been admitted, which would be almost a 9 percent increase…  121 fewer black applicants would have been admitted… [a 33 percent decrease].” It also found that whites and Hispanics benefited at Asians’ expense in the admissions process.
The university’s alleged law-breaking goes back to 2006, when students protested and demanded higher minority enrollment. Shortly after that, Groseclose said, the university’s chancellor met with him and other members of the university’s admissions oversight committee and urged them to find a way to increase diversity.
The next year, black enrollment nearly doubled. Groseclose, wondering if the university had illegally based admission on race, asked if he could look at the detailed admissions data. Administrators refused to give him the data for a year, but eventually turned it over after he invoked a state law that gave him a right to see the files.
Groseclose has posted the data on his website.
Groseclose believes there is a strong case for a lawsuit to be filed by people who think they were discriminated against, but says UCLA is hardly unique.
“I think this is common – not just the racial preferences, but also the lying,” he said.
While California is one of eight states that do not allow race to affect admissions decisions, the rest do. Earlier this year, the U.S. Supreme Court held that states are free to prohibit the use of racial considerations in university admissions, upholding Michigan’s constitutional amendment banning affirmative action. But advocates say achieving racial diversity in student bodies is critical.
“I support affirmative action because engaging with racial diversity during the college years enhances student learning and prepares students for citizenship in a diverse democracy,” Julie Park, assistant professor of education at the University of Maryland and author of the book “When Diversity Drops,” told FoxNews.com.
“I also support it because student merit is more than just SAT scores,” she added.
But others say affirmative action backfires.
“When students’… level of academic preparation is substantially lower than that of their classmates, a wide range of unrebutted, peer-reviewed research shows that they learn less,” Richard Sander, author of “Mismatch: How Affirmative Action Hurts Students It's Intended to Help,” told FoxNews.com.
Groseclose agrees, but acknowledges that the position is unpopular in California. He has since decided to leave for a job at George Mason University in Virginia, beginning this summer.
“Within academia, there are just certain things you must say are true, even if you know they're false," he said. "Academia needs a major shakeup.”

Tea Party-backed candidate Sasse wins GOP Senate primary in Nebraska

Tea Party favorite Ben Sasse won the Republican nomination for an open Senate seat in Nebraska Tuesday night, after a heated and costly primary battle that drew heavy national attention.
Sasse, a university president, was able to hold off former state treasurer Shane Osborn and dark horse candidate Sid Dinsdale, who had begun to surge in recent weeks. Sasse grabbed 49 percent of the vote with Dinsdale finishing second and Osborn finishing third, according to preliminary returns.
"We were never doing this because we need another job," Sasse told supporters Tuesday night. "We were only going to do this if we were going to talk about big bold conservative ideas."
The win makes Sasse a huge favorite in November's general election, where he'll face Democrat Dave Domina, an Omaha attorney. The winner will replace Republican Mike Johanns, who didn't seek a second term.
Sasse, the president of Midland University, had steadily gained the backing of some of the most influential conservative groups and figures. His victory is a huge win for the Tea Party, as the movement has struggled to gain traction this year in the primaries.
Osborn had the backing of allies of Senate Minority Leader Mitch McConnell, R-Ky., and ran an aggressive campaign. Further scrambling the race, Pinnacle Bank President Dinsdale had sought to capitalize on the Sasse-Osborn fight and had climbed in the polls.
In recent weeks, big names gravitated to Sasse's side, including Sarah Palin and Texas Republican Sen. Ted Cruz. Sasse also has the backing of the Club for Growth, the Tea Party Patriots, the Senate Conservatives Fund and FreedomWorks.
"Ben Sasse won this race because he never stopped fighting for conservative principles," said Matt Hoskins, executive director of the Senate Conservatives Fund, which spent more than $1.2 million to help Sasse.
Cruz said Sasse's win "is a clear indication that the grassroots are rising up to make D.C. listen."
Sasse focused on his conservative credentials, opposition to abortion, support for gun rights and goal of repealing and replacing the health care law.
In one 30-second ad, Sasse's two young daughters, Alex and Corrie, talked about how much their dad opposed the Affordable Care Act. "He wants to destroy it," said one daughter. "He despises it," said the other.
However, Sasse advised former Health and Human Services Secretary Mike Leavitt's firm as the group reached out to businesses and organizations in 2010 to explain and implement the new law. Osborn recently began running a 30-second TV ad linking Sasse to writings and speeches from several years earlier commenting on elements that would become part of the law firmly opposed by most Republicans.
Outside groups and the candidates have spent millions on the race in which the GOP winner is widely expected to prevail in November. The National Republican Senatorial Committee, the party's campaign operation, remained neutral.
The Tea Party movement has struggled in earlier contests, with their favored candidates losing to establishment favorites in Texas, North Carolina and Ohio.
Looking ahead to upcoming primaries, the Tea Party's chances to upset incumbents have been diminishing in Kentucky, Kansas, Idaho and Mississippi.
In Nebraska's GOP primary for governor, Omaha businessman Pete Ricketts narrowly defeated Attorney General Jon Bruning. Term limits prevented Republican Gov. Dave Heineman from running again.

Michael Sam

Report: Thousands of convicted criminals freed while awaiting deportation proceedings

The Obama administration released thousands of convicted criminals -- including murderers and those convicted of sexual assault -- while they were awaiting deportation proceedings, according to a new report. 
The Center for Immigration Studies, a Washington-based advocacy group, released the statistics on Monday, in its latest bid to draw attention to what analysts with the organization say are lax enforcement practices by the Obama administration. 
The numbers showed that in 2013, Immigration and Customs Enforcement released 36,007 "convicted criminal aliens" while they were waiting for the outcome of their deportation cases. They represented a total of 88,000 convictions. 
The majority of the cases involved individuals convicted on lower-level or nonviolent offenses, like auto theft, drunk-driving and drug charges. But many were involved in more serious cases.   
According to the report, the 88,000 convictions included: 
-- 193 homicide convictions 
-- 426 sexual assault convictions 
-- 303 kidnapping convictions 
-- More than 1,000 aggravated assault convictions 
Jessica Vaughan, the group's director of policy studies, said in a statement she was "astonished" by the figures. Referring to an ongoing Department of Homeland Security review of deportation policies, she said any "further relaxation of enforcement" would be "hard to justify" in light of the statistics. 
"Congress should resist further action on immigration reform until the public can be assured that enforcement is more robust and that ICE can better deal with its criminal alien caseload without setting them free in our communities," she added. 
ICE defended its enforcement practices when asked about the report, and said in a statement that many of those cited were released "under restrictions such as GPS monitoring, telephone monitoring, supervision, or surety bond."
Further, the statement said the agency was required by law to release some of those individuals.
"The releases required by court decisions account for a disproportionate number of the serious crimes listed in the report.  For example, mandatory releases account for over 75% of the homicides listed," ICE said.
The individuals in question were reportedly released on bond or on parole or under various other alternatives to detention while awaiting processing. 
The same organization that published the data put out a separate report more than a month ago that showed ICE agents were opting not to deport thousands of "criminal aliens." These are separate from the cases detailed in the latest study. 
According to that prior report, ICE released 68,000 foreign nationals in 2013 who either had criminal convictions or charges against them. 
Immigration and Customs Enforcement, though, accused CIS of distorting the numbers, and claimed that some of them could represent minor offenses. Further, the agency said a total of 216,000 "convicted criminals" were removed in 2013.

Geithner, in memoir, suggests White House asked him to bend truth on deficit

Former Treasury Secretary Timothy Geithner claims in his new book that the White House on more than one occasion tried to put words in his mouth or outright asked him to bend the truth. 
In his memoir, "Stress Test: Reflections on Financial Crises," Geithner recalls a Sunday talk show prep session in 2011 during which top White House adviser Dan Pfeiffer wanted him to say Social Security "didn't contribute" to the federal deficit. Geithner wrote that he objected. 
"It wasn't a main driver of our future deficits, but it did contribute," Geithner wrote, explaining his own reasoning. "Pfeiffer said the line was a 'dog whistle' to the left, a phrase I had never heard before. He had to explain that the phrase was code to the Democratic base, signaling that we intended to protect Social Security." 
After the anecdote began to generate attention on Monday, a source close to Geithner clarified to Fox News that the former secretary "does not believe he was encouraged to go out and mislead the public on the Sunday shows." 
The source said all the former secretary was trying to get across was that Pfeiffer wanted him to "send a signal" to liberals about the president's commitment to not allowing major cuts to Social Security. 
White House Press Secretary Jay Carney also defended Pfeiffer, reiterating the White House position that Social Security is not the "main driver" of the deficit, when compared with health care-related entitlement programs. "That, I'm sure, is the point that Dan was making," Carney said. 
Still, the episode and others in the 544-page book, in stores Monday, provide a glimpse into how the White House screens and provides information to the public -- particularly following revelations about White House involvement in a "prep call" for then-U.N. ambassador Susan Rice's controversial appearance on Sunday shows after the 2012 Benghazi attacks. 
Geithner also recalled an incident in January 2009, having been on the job as secretary for less than a week, in which he rejected what a Democratic strategist wanted him to say at an Oval Office press event. 
"I was supposed to have my first one-on-one meeting with President Obama," Geithner wrote. "As I was about to walk into the Oval Office, Stephanie Cutter, a veteran Democratic operative who was handling our communications strategy, told me we would have a 'pool spray,' a photo opportunity for the White House press. 
"The president and I would make brief remarks about executive compensation, responding to a report that Wall Street firms had paid their executives big bonuses while piling up record losses in 2008. 'Here's what you're going to say,' Cutter said." 
Geithner wrote that Cutter handed him the text, and he "skimmed the outrage I was expected to express." 
He wrote: "I'm not very convincing as an angry populist, and I thought the artifice would look ridiculous." 
According to his memoir, he told Cutter he wouldn't do it. 
"Instead, I sat uncomfortably next to the president while he expressed outrage. Americans were furious about bailouts for overpaid bankers, and the White House political team wanted us to show we were on the right side of the backlash," he wrote. "The public outrage was appropriate ... but I didn't see how we could ever satisfy it. We had no legal authority to confiscate the bonuses that had been paid during the boom."

New Jersey mayor fights feds over prayer during citizenship ceremony

A New Jersey town canceled its ceremony celebrating new U.S. citizens after federal immigration officials would not allow the event to begin with a prayer.
According to the Star-Ledger, Carteret Mayor Daniel Reiman had assured U.S. Citizenship and Immigration Services officials that the prayer leading Saturday’s ceremony would be nondenominational.
“They refused to budge on that,” Reiman said, the paper reported.
The battle came just days after the U.S. Supreme Court ruled that local government meetings can include sectarian prayers.

“They refused to budge on that.”- Carteret Mayor Daniel Reiman

Reiman and immigration officials each cited the high court’s opinion.
Reiman, who was elected to office in 2002, said the court’s decision is proof that he should be able to open any event with a prayer. He issued a statement Friday saying it is borough policy to open all borough events with a prayer and a moment of silence.
The citizenship agency said the ruling does not mean federal agencies are required to include prayers in ceremonies. It cited a portion of the justices’ decision that referred to the “Pledge of Allegiance” as one of the traditions that “lend gravity to public proceedings.”
Katie Tichacek Kaplan, a spokeswoman for the immigration agency, told the Associated Press that it's a long-standing policy to make sure naturalization ceremonies are "conducted in a meaningful manner which is welcoming and inclusive and excludes political, commercial and religious statements."
Click to read the Naturalization Oath of Allegiance to the United States of America.
Reiman said the town celebrates diversity and that the prayer is non-denominational. He said the immigration service can "host its godless ceremony someplace else."
The event was moved to Newark.
During the fight to include prayer in the opening of the naturalization ceremony, Reiman cited the CIS website, which states that new citizens must recite an oath that contains the phrase, “so help me God,” as well as the “Pledge of Allegiance,” which includes the phrase “under God.”
The website says that reciting the pledge and oath completes the process of becoming a U.S. citizen.
The Associated Press contributed to this story.

Policing for Profit? Lawmakers, advocates raise alarm at growing gov’t power to seize property

WASHINGTON –  Motel owner Russell Caswell wasn’t expecting to find himself at the center of a national controversy when FBI agents came knocking on his door.
They said they wanted his Tewksbury, Mass., business – and the land it was on – because they suspected it was a hotbed for drug-dealing and prostitution. The agents, who were working with state and local authorities, told a disbelieving Caswell they had the right to take the property, valued at as much as $1.5 million, through a legal process known as civil forfeiture.
Caswell, 70, fought back, and the case turned into one of the nation's most contentious civil forfeiture fights ever – and one that legal experts say sheds light on a little-known practice that, when abused, is tantamount to policing for profit.
Civil forfeiture is when police and prosecutors seize property, cars or cash from someone they suspect of wrongdoing. It differs from criminal forfeiture cases, where prosecutors typically must prove a person is guilty or reach a settlement before freezing funds or selling property. In civil forfeiture, authorities don’t have to prove guilt, file charges or obtain a conviction before seizing private property. Critics say it is a process ripe for abuse, and one which leaves citizens little means of fighting back.
“You breed a culture of 'take first, ask questions later,'” Larry Salzman, an attorney with the Institute for Justice, told FoxNews.com. “It’s thuggish behavior.”
Law enforcement officials argue that civil forfeiture powers give them an effective tool against lawbreakers. Freezing funds and seizing assets allow them to hit alleged criminals, frequently suspected drug dealers, where it hurts the most – their wallets.
Alarmed civil rights groups and libertarians are rallying against the practice. Salzman's group defended Caswell and won case in federal court last year. 
But not every target of civil forfeiture can afford the fight.
In 1985, the U.S. Department of Justice created its Asset Forfeiture Fund. One year later, the fund -- which holds the proceeds from seized property and is available to be divvied out to law enforcement agencies -- brought in $93.7 million. In 2008, the amount had ballooned to $1.6 billion. In 2013, it reached $6.3 billion.
Across the country, many states are stepping up efforts to curb civil forfeiture abuse.
In Tennessee, local law enforcement agencies get to keep 100 percent of all property seized through civil forfeiture – an incentive some say can tempt police to go after property for the wrong reasons. Rep. Barrett Rich, a former state trooper, introduced legislation last year that would eliminate the practice in the Volunteer State.
The original version of Rich's bill would have required authorities to obtain a warrant before seizing property. Forfeiture and title transfer of property would take place only under due process of law and only if the owner of the property had been prosecuted and convicted. Rich's bill underwent amendments that, in the end, amounted to more modest reforms to state law.
“We shouldn’t completely get rid of civil forfeiture,” Rich told FoxNews.com. “It’s a valuable tool for law enforcement, but it is also ripe for abuse.”
In other states, the fight for reform has been even harder.
In March, the Georgia Sheriff’s Association successfully killed a bill that would have raised the burden of proof in civil cases and mandated the forfeiture of property worth more than $5,000 be brought before a judge rather than handled administratively.
GSA president and Putnam County Sheriff Howard Sills argued the bill would “demoralize the law enforcement community to a point where we will see little public benefit in enforcing the law when it comes to drug dealers and other criminal entrepreneurs.”
His letter drew harsh criticism from many watchdog groups.
“It is hard to believe that a Georgia law enforcement official would argue that upholding the law is worthwhile only when it is profitable,” Heritage Foundation bloggers Jason Snead and Andrew Kloster wrote. “Such are the perverse incentives created by civil forfeiture laws.”
An investigation conducted by the Atlanta Journal-Constitution looked into how funds over a five-year period were spent in Georgia. 
According to the newspaper, Fulton County District Attorney Paul Howard spent thousands of dollars gleaned from civil forfeitures on pricey dinners and an elaborate home security system for himself. In November 2009, he allegedly paid $800 to rent out a movie theater. Three months later, Howard told his employees they’d have to take 10 furlough days due to budget constraints.
To many, like attorney Salzman, civil forfeitures represent a dangerous area of the U.S. justice system where, by law, a person is supposed to be presumed innocent until proven guilty and not the other way around.
On a national level, Salzman says a loophole in the federal law called equitable sharing allows authorities to circumvent the paper-thin protections offered on a state level.
In Ball Harbour, Fla., police raked in more than $5 million through its participation with the Justice Department’s asset forfeiture sharing program in 2011.  The town, which is home to only 2,500 permanent residents, made most of its money through the Justice Department’s Equitable Sharing program.
Under the federal program, state and local agencies work in tandem with the feds and often they are allowed to keep most of what they help seize. Property is often sold, with proceeds funneled back into local coffers. They money can go toward anything from new equipment to raises and other perks from the same officials who carried out the bust.
It’s the lopsided power of the law that many Americans who are targeted can’t afford to fight, Salzman says. 
Salzman, who took on the Caswell case pro bono, said law enforcement officials targeted his client’s property out of greed. 
The basic accusation they used to seize his motel was that Caswell could have done more to police what was happening in his own motel. That was news to Caswell, who says over the years he had comp’d the cops free rooms and space so they could set up stings and bust drug deals going down.
“I’ve found, which is kind of hard to believe, but I’m responsible for the action of people I don’t even know, I’ve never even met, and for the most part I have no control over them,” Caswell said in court.  “And I have to rent them a room unless I have a real good reason not to or I get accused of discrimination and that kind of thing.”
“And when they do something wrong, the government wants to steal my property for the actions of those people, which to me makes absolutely no sense,” he added. “It’s more like we’re in Russia or Venezuela or something.”
After a four-day trial, on Jan. 24, 2013, a federal judge in Boston dismissed the forfeiture action against the motel, ruling that the government engaged in “gross exaggeration” of the evidence and did not have authority to seize the property.

Obama angers labor groups with Wal-Mart visit to promote energy efficiency

SAN JOSE, Calif. –  President Obama is showcasing Wal-Mart, often a target of labor groups and other Democratic constituencies, to promote advances in energy efficiency in his broader campaign to confront climate change.
Obama on Friday was to announce commitments from more than 300 companies and local and state governments to use solar energy technology. He also was announcing executive actions aimed at increasing energy efficiency in buildings and appliances. The White House says the solar effort will power the equivalent of 130,000 homes and the administrative actions could reduce carbon pollution in an amount equal to taking 80 million cars off the road for one year.
The White House chose Wal-Mart because the company has committed to doubling the number of solar energy projects at its stores, Sam's Clubs and distribution centers.
But in choosing the giant retailer as the backdrop for his announcement, Obama triggered a backlash from labor unions and pay equity advocates who say Wal-Mart pays low wages and who archly noted that Obama has made pay equity a central issue of his presidency.
"What numbskull in the White House arranged this?" former Labor Secretary Robert Reich, who served in the Bill Clinton administration, said in a posting on Facebook on Thursday.
"While he's in California, I would hope President Obama would speak directly to Wal-Mart employees and hear from them about their daily struggles to pay the rent and put food on the table," said Maria Elena Durazo, the executive secretary-treasurer of the Los Angeles County Federation of Labor, AFL-CIO.
Wal-Mart says it pays wages that are competitive in the retail industry.
The clashing energy vs. jobs message is not new to the White House. Labor unions, for example, have pressed the Obama administration to approve the Keystone XL pipeline from Canada into the U.S. because it would create jobs. Environmentalists oppose the pipeline, and the administration recently put off a decision on whether to approve it, likely until after the November congressional elections.
Obama was wrapping up a three-day trip mostly devoted to raising money for the Democratic Party.
Complicating things for the White House, Obama on Thursday attended a fundraiser hosted by Yahoo CEO Marissa Mayer, who sits on Wal-Mart's board of directors.
In promoting the energy efficiency announcement ahead of Friday's event, the White House said solar energy prices have dropped markedly in four years, with solar panels now costing about 60 percent less.
"All of this means more jobs in the industry, which is now supporting more than 140,000 good-paying American jobs and that are increasing at a rate of 20 percent per year," said Dan Utech, a special assistant to Obama on energy and climate change.
The White House said Obama also would announce completion of energy efficiency standards for walk-in coolers and freezers typically used in grocery stores.
The rule on walk-in freezers was proposed last August under an agreement with attorneys general from 10 states and New York City. The states, along with House and Senate Democrats, have been urging Obama to move faster to implement proposed efficiency standards, including those for commercial walk-in coolers and freezers, which were due in 2012.

Pope Francis should stick to doctrine, stay away from economic 'redistribution'

Pope Francis has spent a year on the Throne of Peter. In that time, his modest style and high-minded ideals have ignited a new optimism and fervor among Roman Catholics, including those who left because of disagreements with some of its teachings.
Francis has gone out of his way to voice support for the world’s poorest citizens, rightly noting that their plight is too often ignored or brushed aside. Until this week, his statements have called for voluntary action by wealthier countries and individuals as the right way to relieve economic inequality. He appealed to our better selves, and in so doing, made us all ask if we could be kinder and more generous. The answer, of course, is yes.
On Friday, however, Francis chose a meeting with – of all people -- officials of the United Nations to endorse what he called “the legitimate redistribution of economic benefits by the state, as well as indispensable cooperation between the private sector and civil society.”

By appearing to sanction what amounts to forced redistribution, Francis grievously exceeded his authority and became what amounts to a robe-wearing politician.

By appearing to sanction what amounts to forced redistribution, Francis grievously exceeded his authority and became what amounts to a robe-wearing politician. He also exposed his Church, one of the wealthiest institutions in the world, to inevitable charges of hypocrisy. And he put himself in a position of having to back up his frothy talk with ruinous action.
Let’s see: for starters, perhaps the Catholic Church and its affiliated non-profit organizations should start voluntarily paying income and real estate tax in the United States, from which it has traditionally been exempt.
There is no doubt that the addition of tax revenue from the Church would be considerable, if hard to estimate. The 17,000-plus parishes may not all measure up to architectural wonders like St. Patrick’s in New York or the newer Our Lady of the Angels in Los Angeles. But few Catholic churches have absolutely no value. What would 39.5% of all that be?
How could Francis, or his subordinates in the United States object to voluntarily turning over part of their vast revenue?
The notion of the church paying taxes is certainly not heretical. Italy – which surrounds Vatican City where the pope lives – began taxing Catholic Church property last year as a way of helping to relieve its enormous economic problems. At last check, St. Peter’s was still standing.
Further, Francis might consider selling off the artworks stored at the Vatican museum and in churches throughout the world, and the thousands upon thousands of ancient books and manuscripts in its library. The Pietá, for instance, should fetch a pretty penny, especially if the buyer is, say, a backer of Al Qaeda who can afford to smash it to pieces as soon as it is acquired.
The pope is the head of the Church. He is the Vicar of Christ and is infallible on matters of doctrine.
When it comes to economics, however, Francis should stick to making suggestions for how to voluntarily reduce economic inequality and leave tax policy to the politicians. Perhaps he can help by offering a prayer for them. God knows, they need it.
John Moody is Executive Vice President, Executive Editor for Fox News. A former Vatican correspondent and Rome bureau chief for Time magazine, he is the author of four books, including "Pope John Paul II : Biography."

California farmer locked in battle with union

SANGER, Calif. –  Six months ago, workers at one of the largest fruit farms in the U.S. went to the ballot box to decide if they would continue to be represented by the United Farm Workers, which won that right two decades ago but never forged a labor contract.
The ballots, still uncounted by state officials and locked in a safe, sit at the center of a dispute between the union launched by iconic farm labor leader Cesar Chavez and Gerawan Farming, Inc., which hires more than 5,000 workers annually to tend and harvest nectarines, peaches and plums.
Chavez has long since passed away, but the UFW's fight to get workers at Gerawan a union-negotiated contract goes on, moving from the farm's vast orchards in Central California to courtrooms amid accusations of broken labor laws and intimidation tactics.
In California, the nation's most productive agricultural region, unions over decades have won more than 750 elections to represent workers, said Philip Martin, a farm labor expert at the University of California, Davis.
But that never resulted in more than 350 negotiated contracts, so Martin said another 400 farms may find themselves in the same position as Gerawan.
In the South, such as North Carolina, a few farms and food processors have recently unionized, said David Zonderman, a labor historian at North Carolina State University, adding that the region still remains at the bottom of national rankings for organized labor.
"It can be Michigan, Main, North Carolina or Northern California," Zonderman said. "Organizing farm workers is very, very difficult."
Dan Gerawan, who runs the family business in Central California and claims it pays the highest wages in the industry, said the union and a runaway state labor board are in collusion, using what he considers to be an unconstitutional state law to take control of his business and rob his workers of their choice of whether to be represented.
Gerawan said the UFW turned its back on the workers for 20 years, until recently returning out of nowhere. "There's no longer peace in the fields," he said. "What was our sin that justifies this?"
UFW's National Vice President Armando Elenes said farm workers need protection today more than ever from abuses such as low wages, exposure to harmful pesticides and working in extreme heat.
He disputed union critics who say the UFW is reasserting its long-dormant right to represent workers merely to bolster its membership rolls and dues. "It has nothing to do with a money grab," he said. "It has to do with improving conditions for workers."
This feud dates back to 1992, when the UFW began to represent Gerawan's workers. The two sides met once, without agreeing to a contract.
After that, Elenes said UFW leaders realized they were up against a powerful, anti-union farm.
The union turned to Sacramento, Elenes said, and won passage in 2002 of a law that calls for mediation if two sides can't reach a contract. The UFW tested the law at three smaller farms in San Joaquin and Madera counties, gaining hundreds of new members before returning to Gerawan in 2012.
Gerawan said in the two decades that passed he heard nothing from the union.
"Not a letter, no phone call, no fax, no email, no contact at all," he said.
Elenes said there was no disappearing act, as Gerawan claims.
In a new round of negotiations last year, the sides met repeatedly without agreeing on a contract, and the UFW invoked its right to a mediator. Gerawan appealed, saying having a mediator order a contract has "dubious constitutional validity" and would unfairly force the union on him and his workers.
UFW's Elenes said he would rather obtain a voluntary agreement and not have to use the mediation law.
Silvia Lopez, who has picked peaches for 15 years at Gerawan, said she is happy with the pay and working conditions. "If they don't treat me good, I don't stay there even one day," the 38-year-old said.
Lopez said she doesn't want the UFW taking 3 percent of her paycheck in dues. She led a signature drive to hold a vote on whether the workers want the UFW to represent them anymore. The vote happened Nov. 5, and she believes the ballots -- if counted -- would drive out the UFW.
Silas Shawver, director of the state Agriculture Labor Relations Board's office in Visalia, said the ballots remain untouched because of unsettled allegations made by the UFW that Gerawan's crew bosses coerced workers into signing the petition calling for the vote, compromising the process.
Shawver denied that the agriculture board is on the UFW's side, saying his office is independent and bound by law to investigate potential violations of worker rights. Gerawan said his crew bosses have not intimidated workers, and he wants the votes counted.
Gerawan worker and union supporter Severiano Salas, 34, said in Spanish with the UFW's Elenes translating that working conditions have improved since the union returned. Salas, who has worked at the farm for 15 years, said he is ready to pay 3 percent for full union representation.
"What would I tell my kids if I didn't do this?" he said. "If I didn't defend myself, how am I going to face them?"

Utah residents become next to confront Bureau of Land Management, in growing debate

A band of Utah residents rode all-terrain vehicles onto federally managed public land Saturday to protest the Bureau of Land Management closing off the area.
The protest comes weeks after Nevada rancher Cliven Bundy’s successful standoff against the agency over grazing rights and appears to be the latest episode in the battle across the West over states’ rights on federally managed public lands.
In Blanding, Utah, in the state’s scenic southeastern, the protesters and their supporters say the agency has unfairly closed off a prized area, cheating them of outdoor recreation, according to The Los Angeles Times.
However, federal officials say the region, known for its archaeological ruins, has been jeopardized from overuse.
Bureau of Land Management Utah State Director Juan Palma, in a statement, said the riders may have damaged artifacts and dwellings that "tell the story of the first farmers in the Four Corners region" of Utah, Arizona, New Mexico and Colorado.
"The BLM was in Recapture Canyon today collecting evidence and will continue to investigate," Palma said. "The BLM will pursue all available redress through the legal system to hold the lawbreakers accountable."
Bureau of Land Management officers recorded and documented protesters who traveled into the closure area, he added.
San Juan County Sheriff Rick Eldredge said from 40 to 50 people, many of them waving American flags, drove about a mile down Recapture Canyon near Blanding and then turned around. Hundreds attended a rally at a nearby park before the protest
"It was peaceful, and there were no problems whatsoever," the sheriff told The Associated Press.
About 30 deputies and a handful of U.S. Bureau of Land Management law enforcement personnel watched as protesters drove past a closure sign and down the canyon located about 300 miles southeast of Salt Lake City.
The ride was organized by San Juan County Commissioner Phil Lyman to assert local control of the region, known as Recapture Canyon.
Recapture Canyon is home to dwellings, artifacts and burials left behind by Ancestral Puebloans as many as 2,000 years ago before they mysteriously vanished.
The canyon was closed to motor vehicles in 2007 after two men forged an illegal seven-mile trail. But hikers and those on horseback are still allowed there, according to the agency.
Governments in Western states are trying to get more control over vast tracts of federally owned land in large part because they say the land could be strategically developed to help boost local economies.
Supporters of the decades-old movement also say local governments are better suited to manage the land, considering in part the federal government is understaffed to manage the acreage.  
Lyman and his supporters want the BLM to act more quickly on a years-old request for a public right-of-way through the area.
The Blanding protest being spearheaded by a local public official, not a resident, also appears to be a sign of the growing frustrations in a rural county composed of nearly 90 percent public lands managed by the BLM.
Environmental groups have spoken out in support of the BLM, saying that fragile Recapture Canyon must be protected.
Earlier this week, BLM officials notified Lyman that any illegal foray in the area would bring consequences such as citations and arrest. 
Utah Gov. Gary Herbert also urged people to uphold the law.
Earlier this week, two men wearing hooded sweatshirts brandished a handgun at a BLM worker driving an agency vehicle, holding up a sign that read, “You need to die.”
"You need to die." Utah ranchers and county leaders recently threatened to break federal law and round up wild horses this summer if the agency doesn't do it first.
Motorized access to Recapture Canyon and other areas in Utah's wilderness has been a source of tension for decades. ATV riders rode another off-limits trail in 2009 in a protest. The Bureau of Land Management gave information about the riders to federal prosecutors, but no charges were filed.

Obama Car

What causes the poor quality of medical care at the VA?

New Mexico VA Hires Surgeon Who Has Been Disciplined in 2 Other States For Operating on the Wrong Part of the Patient’s Spine!
Dr. Frank Allen Zimba has been practicing medicine for 31 years, is board certified in neurological surgery – and has a disciplinary history in two other states of operating on the wrong part of his patients’ spines.
The 57-year-old Texas native was hired at the Veterans Affairs hospital in Albuquerque last August, even though disciplinary proceedings that resulted in a suspension of his Oklahoma medical license were pending.
The VA in Albuquerque isn’t saying whether Zimba has had any problems on the job so far – claiming it would be a personnel matter. But even if there have been, the state Medical Board has no jurisdiction to investigate.
That’s because under federal law Zimba is not required to be licensed in New Mexico, unlike most other physicians who work here. He only needs to be licensed in one state in the country, and he has licenses in Oklahoma, New York, Michigan and Pennsylvania.
That left Zimba – who, through a VA spokeswoman, declined to be interviewed for this story – able to work at the Albuquerque VA Hospital during the six months his Oklahoma license was suspended.
Disciplinary records show Zimba was suspended for allegedly operating on the wrong part of a patient’s spine in February 2010. The suspension ended in March of this year.
Several years earlier, he was alleged to have performed surgery on the wrong side of two patients’ spines at a hospital in Jamestown, N.Y.
“They call it a never event,” said Oklahoma assistant attorney general Libby Scott, because it should never happen if hospitals follow procedures and properly mark the sites for surgery.
“But it could happen to good surgeons,” she added. Still, Scott said, three mistakes in a four-year period is troubling.
“Either this is the most unlucky guy in the world or there’s something wrong here,” Scott told the Journal last week.
In two of the three surgeries, Zimba also failed to tell the patients or their families afterward that he had made the errors, according to Zimba’s disciplinary records.
Zimba attributed the mistakes in New York to problems with the markings of the surgical sites. Either the markings weren’t there, or were incorrectly placed, he told the Oklahoma Board of Medical Licensure & Supervision in a 2009 statement.
“No medical harm befell either patient,” he added.
Scott, who advises the board, recalled that after the more recent error in Oklahoma, Zimba blamed a blue dye that was used to mark the spot for surgery.
“Either the dye moved or didn’t go in right, so he was on the wrong side … and no one really stopped him,” she added.
The patient, who was in the U.S. military, is suing Zimba and Southwestern Medical Center in Lawton, Okla., where Zimba was employed. The patient is alleging that he suffered injury as the result of negligence during the surgery.
Scott said hospitals have instituted “time outs” before a surgery, so that “before you cut, the whole operating room stops, they have a checklist to go over … to make sure everyone is on the same page and doing the correct thing.”
“Most people, when a bad thing happens it makes them so paranoid that they double check and triple check.”
The overlap
Zimba went to work for the VA hospital in Albuquerque after his disciplinary process began but before any penalty was imposed by the state of Oklahoma.
The Oklahoma medical board filed a complaint last June accusing Zimba of unprofessional conduct and asked him to respond at a July hearing.
The hearing was postponed, and in late August 2011 Zimba started work as a staff physician in surgery service at the VA hospital in Albuquerque.
This January, he entered into a settlement agreement with the Oklahoma board, which suspended his medical license retroactively from September 2011 to March of this year.
“He told us he had this job in New Mexico, and we told him we wouldn’t settle on anything less than a six-months suspension,” Scott said.
Sonja Brown, a VA hospital spokeswoman in Albuquerque, said she wasn’t able to disclose why Zimba was hired despite his disciplinary history.
She also declined to say whether he had performed within the standard of care since his hiring or whether he had been disciplined or otherwise suspended for any length of time.
Those issues “are confidential personnel matters that I am not able to disclose,” she told the Journal in an email.
Matters of jurisdiction
The New Mexico Medical Board oversees the licensing for more than 7,500 physicians. But it doesn’t investigate complaints about physicians who aren’t licensed here.
“The patient would have to file a complaint with the state licensing board with whom he/she is licensed,” said spokeswoman J.J. Walker in an email.
Zimba’s medical license is still active in Oklahoma, but Scott said her board probably wouldn’t investigate a complaint made by a New Mexico patient.
“Because our duty is to protect the public and citizens of Oklahoma, so … if it’s not an Oklahoma patient, it’s really not in our jurisdiction.”
As to the lack of oversight by a state licensing board, “That’s a problem obviously,” Scott said. “We have a lot of Indian facilities in Oklahoma, and most of them nowadays are requiring an Oklahoma (medical) license for that very reason.”
Brown, the VA spokeswoman, said VA policies and federal regulations are designed to “protect BOTH the patient and the practitioner.”
Under the in-house system, the VA physician’s supervisor investigates patient complaints and reports the findings to the facility leadership if a complaint is substantiated.
Brown cited a federal regulation that requires the VA to report to state medical boards any physician whose clinical practice “so significantly failed to meet generally accepted standards of clinical practice … as to raise reasonable concern for the safety of patients.”
Some examples: errors in medication, substance abuse, patient neglect, and unethical behavior or abuse of a patient.
New Mexico medical board spokeswoman Walker said Friday that no one in her agency could recall ever receiving such a report from the VA.
The New Mexico board maintains a public website that lists basic information about its licensed physicians, including disciplinary actions taken.
Back to Oklahoma?
Zimba told the Oklahoma Medical board on his 2009 license application that he served in the U.S. Army from 1976 to 1994 and graduated from the University of Texas Medical School in Houston.
He also disclosed that he was sued for malpractice in 1997, a case that settled for $400,000.
Zimba’s disciplinary records also revealed that he had received a reprimand, probation, fines and one year of monitoring in 2008 related to the New York surgical errors.
His license in Oklahoma is up for renewal in September.
But if Zimba ever wants to return to work there, he must first appear before that state’s medical board, Scott said.
“We obviously were concerned … without some kind of re-education, would you want someone coming back like that? The board would have to decide … if they think he is competent or not.”

'GAMING THE SYSTEM': Email reveals VA push to manipulate wait time data

An email obtained by Fox News Friday revealed that an employee at a Wyoming VA hospital instructed his workers to manipulate records to make it seem like patients were being seen within the agency’s required 14-day window, which he described as “gaming the system.”  
Fox News has learned that the VA was informed of dubious scheduling practices at the Cheyenne VA Medical Center and at a community-based outpatient clinic in Fort Collins, Colorado, which is part of the Wyoming center, through an internal investigation in December 2013. The problems at and the investigation into the Fort Collins clinic were reported earlier this week.
However, the VA took no formal disciplinary action and did not order an independent probe into the matter until Friday, when Secretary of Veterans Affairs Eric K. Shinseki said he learned of the email. 
Now Rep. Jeff Miller, the chairman, House Committee on Veterans’ Affairs, is questioning why if the VA learned there were problems in December, the agency is only taking action now. He said Shinseki’s actions are “faux outrage at its finest.”
The June email signed by an employee named David Newman, a Telehealth coordinator at the Cheyenne center, describes to the workers methods they can use to manipulate records in the patient appointment system to comply with a VA policy that requires patients be seen within 14 days of their desired date of appointment.
"Yes, it is gaming the system a bit," the email reads. "But you have to know the rules of the game you are playing, and when we exceed the 14-day measure, the front office gets very upset."
Shinseki said in a statement that after he learned of the email on Friday, he ordered the employee who wrote it placed on administrative leave. He said he also ordered the VA’s independent inspector general to conduct a thorough investigation into the matter.
“VA takes any allegations about patient care or employee misconduct very seriously.  If true, the behavior outlined in the email is unacceptable,” Shinseki said.
Miller said that the VA has known about falsified records at the Fort Collins clinic, which he notes is part of the Wyoming center, since last year.   
“And yet, until today, department officials had not taken any steps whatsoever to discipline any employees or request an independent investigation – nor did they plan to do so,” he said. “Today’s announcement from Sec. Shinseki that he has placed a Cheyenne VAMC employee on paid leave and asked the inspector general to investigate appears to be more of a knee-jerk reaction to tough media questions than anything else.”
In response to the problems in Colorado, Denver VA spokesman Daniel Warvi told the Associated Press earlier this week that employees have been retrained and weekly audits are being conducted. He said no one was disciplined because the investigation found no deliberate misconduct, calling it a “training issue.”
The falsification of records is only one of the scandals engulfing the VA. The American Legion and some in Congress have called for Shinseki's ouster following allegations of 40 patient deaths at the Phoenix VA hospital due to delays in care, and of a secret list the hospital kept of patients waiting for appointments to hide the delays.
The White House has voiced support for Shinseki and he has brushed off calls to resign.
On Thursday, the House Veterans Affairs Committee voted unanimously to subpoena all emails and other records in which Shinseki and other VA officials may have discussed destruction of what the committee called "an alternate or interim waitlist" for veterans seeking care in Phoenix.
The Associated Press contributed to this report