CAN O’ WHOOP ASS: Trey Gowdy Hammers National Parks Director for Favoring ‘Pot-Smoking’ Occupiers Over ‘Veterans’

By Clash Daily / 17 October 2013




Published on Oct 16, 2013
10/16/13 - During a prescheduled House hearing Wednesday morning, Rep. Trey Gowdy (R-SC) spent several minutes berating National Parks Service director Jonathan Jarvis over the closing of several Washington, D.C. monuments during the government shutdown. Contrasting the parks service's decision to allow in 2011 the Occupy Wall Street movement a one-hundred-day-long encampment in D.C.'s McPherson Square with the turning away of visitors to the National Mall this October, Gowdy scolded Jarvis for favoring the "pot-smoking" Occupiers over the "war veterans" who "helped build" the monuments.

The South Carolinian lawmaker repeatedly pressed Jarvis to cite a regulation for why he'd erected barricades and turned away veterans from war monuments on the first day of shutdown.

The parks director explained: "On the very first day of the closure, I implemented a closure order for all 401 national parks in compliance with the Anti-Deficiency Act. And immediately, that day, also included, as a part of that order, that First Amendment activities would be permitted on the National Mall."

But Gowdy was unconvinced. "Do you consider it First Amendment activity to walk to a monument that you helped build, or is it only just smoking pot at McPherson Square?" he asked with an accusatory tone.

"We are content-neutral on First Amendment and on the National Mall," Jarvis responded.

"That wasn't my question," Gowdy shot back. "Do you consider it to be an exercise of your First Amendment rights to walk to a monument that you helped build?"







During a prescheduled House hearing Wednesday morning, Rep. Trey Gowdy (R-SC) spent several minutes berating National Parks Service director Jonathan Jarvis over the closing of several Washington, D.C. monuments during the government shutdown.
Contrasting the parks service’s decision to allow in 2011 the Occupy Wall Street movement a one-hundred-day-long encampment in D.C.’s McPherson Square with the turning away of visitors to the National Mall this October, Gowdy scolded Jarvis for favoring the “pot-smoking” Occupiers over the “war veterans” who “helped build” the monuments.

The South Carolinian lawmaker repeatedly pressed Jarvis to cite a regulation for why he’d erected barricades and turned away veterans from war monuments on the first day of shutdown.
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Anti-deficiency act???????? WHAT???????

Antideficiency Act Background

The Antideficiency Act prohibits federal employees from


    • making or authorizing an expenditure from, or creating or authorizing an obligation under, any appropriation or fund in excess of the amount available in the appropriation or fund unless authorized by law. 31 U.S.C. § 1341(a)(1)(A).
    • involving the government in any obligation to pay money before funds have been appropriated for that purpose, unless otherwise allowed by law. 31 U.S.C. § 1341(a)(1)(B).
    • accepting voluntary services for the United States, or employing personal services not authorized by law, except in cases of emergency involving the safety of human life or the protection of property. 31 U.S.C. § 1342.
    • making obligations or expenditures in excess of an apportionment or reapportionment, or in excess of the amount permitted by agency regulations. 31 U.S.C. § 1517(a).


Federal employees who violate the Antideficiency Act are subject to two types of sanctions: administrative and penal. Employees may be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office. In addition, employees may also be subject to fines, imprisonment, or both.
Reporting Requirements

Once it is determined that there has been a violation of 31 U.S.C. §§ 1341(a), 1342, or 1517(a), the agency head "shall report immediately to the President and Congress all relevant facts and a statement of actions taken." 31 U.S.C. §§ 1351, 1517(b). The reports are to be signed by the agency head. The report to the President is to be forwarded through the Director of OMB. In addition, the heads of executive branch agencies and the Mayor of the District of Columbia shall also transmit "[a] copy of each report . . . to the Comptroller General on the same date the report is transmitted to the President and Congress." 31 U.S.C. §§ 1351, 1517(b), as amended by the Consolidated Appropriations Act, 2005, Pub. L. No. 108-447, div. G, title II, § 1401, 118 Stat. 2809, 3192 (Dec. 8, 2004).
OMB has issued further instructions on preparing the reports, which may be found in OMB Circular No. A-11, Preparation, Submission, and Execution of the Budget, § 145 (June 21, 2005). The report is to include all pertinent facts and a statement of all actions taken to address and correct the Antideficiency Act violation (such as administrative discipline imposed, referral to the Justice Department where appropriate, and new safeguards imposed). An agency also should include a request for a supplemental or deficiency appropriation when needed.
What if GAO uncovers a violation but the agency thinks GAO is wrong? The agency must still make the required reports, and must include an explanation of its disagreement.
Additional Information

For more information on the Antideficiency Act purpose, history, and requirements see Chapter 6, Availability of Appropriations: Amount
Principles of Federal Appropriations Law: Third Edition, Volume IIGAO-06-382SP, February 1, 2006
Summary (HTML) Full Report (PDF, 727 pages)

http://www.gao.gov/legal/lawresources/antideficiencybackground.html

also

https://en.wikipedia.org/wiki/Antideficiency_Act