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Quick fact: Beck fill-in Napolitano forwards false claim that the government could "even put you in jail" if you fail to purchase insurance under health care bill

November 10, 2009 5:44 pm ET — 18 Comments

Filling in for Glenn Beck, Fox News judicial analyst Andrew Napolitano falsely claimed that under the House health care reform bill, the government could "even put you in jail" if you fail to purchase insurance.

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From the November 10 broadcast of Fox News' Glenn Beck:

NAPOLITANO: For the first time in American history, if this bill becomes law, the Feds will force you to buy insurance you might not want or may not need or cannot afford. If you don't purchase what the government tells you to buy, if you don't do so when they tell you to do it, if you don't buy just what they say is right for you, the government may fine you, prosecute you, and even put you in jail. Freedom of choice and control over your own body will be lost. The privacy of your communications and medical making decisions with your physician will be gone. More of your hard earned dollars will be at the disposal and tender mercies of federal bureaucrats. It was not intended to be this way.

Fact: Penalty for failure to purchase insurance is a tax, not jail time

As Media Matters for America has documented, Section 501 of the House health care bill provides that an individual must be "covered by acceptable coverage at all times." "Acceptable coverage" includes "qualified health benefits plan coverage," "grandfathered health insurance coverage," "Medicare," "Medicaid," coverage provided to members of the armed forces and their dependants, "coverage under the veteran's health care program," people who receive health care "through the Indian Health Service," or other coverage deemed acceptable by the Secretary of Health and Human Services. If a person does not have acceptable health care coverage, Section 501 imposes a tax on that person "not to exceed the applicable national average premium":

Fact: Willful failure to pay taxes of any sort can result in civil or criminal penalties

A press release by Rep. Dave Camp (R-MI) relying on a letter from the Joint Committee on Taxation states that "Americans who do not maintain 'acceptable health insurance coverage' and who choose not to pay the bill's new individual mandate tax (generally 2.5% of income), are subject to numerous civil and criminal penalties, including criminal fines of up to $250,000 and imprisonment of up to five years." That section of the letter dealing with "civil and criminal penalties for noncompliance" specifies that Camp asked the committee to "discuss the situation in which the taxpayer has chosen not to comply with individual mandate and not to pay the additional tax." Thus, the letter is not discussing the penalties for failure to buy insurance, but the penalties for both failing to buy insurance and failing to pay the tax. The committee's letter explains that the tax code provides penalties to prevent tax evasion of any sort: "The Code provides for both civil and criminal penalties to ensure complete and accurate reporting of tax liability and to discourage fraudulent attempts to defeat or evade tax." [Joint Committee on Taxation letter, 11/5/09]

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    • Author by Bad News (November 10, 2009 5:51 pm ET)
         
      Judge Napolitano, A Judge Judy Wannabe.
      This guy Quotes Palin & Beck when trying to speak Constitutionally?
      If this Man ever was a real Judge all his cases should be up for Judicial Review.
      If i was accused of a Crime and i had to face this Clown, Justice would be the last thing i was Due.

      Speak truth to power.


      Mr. News
      Report Abuse
    • Author by Diosnomeama (November 10, 2009 8:15 pm ET)
         
      It must be horrible living in whatever fictional these people are living in. I wish them luck with bizarro America.
      Report Abuse
    • Author by Sarah's Trusty Telepalmer (November 10, 2009 8:29 pm ET)
      2 1
      this has become the new ridiculous talking point on fox to scare the hell out of their teabagging wingnut viewers so they can push them to hold more teabagging parties to yell and scream about socialism, marxism, communism, facism, maoism, obamism, and so on... and on... and on.
      Report Abuse
      • Author by rhoiberg2209 (November 11, 2009 9:11 am ET)
           
        Right on! It's in the constitution. You don't have health care, you go to jail. Do not pass go. Do not collect $200. I read it myself.
        Report Abuse
    • Author by oscar the grouch (November 10, 2009 9:02 pm ET)
      1 3
      COULD is the operative word in Judge Judi's remarks. If one fails to buy insurance and does not pay the "fine", one COULD be sent to prison. Now, if he had said WOULD or SHALL, it would definitely be misinformation, but the use of COULD clears him of that.
      Report Abuse
      • Author by fantagor (November 11, 2009 3:22 pm ET)
        1  
        Yes, and it COULD rain toads or I COULD grow to ten feet tall. But the odds are highly against it.

        The lesson: dousing one's BS with a conditional doesn't make it smell any better.

        Randy
        Report Abuse
      • Author by DellDolly (November 11, 2009 3:23 pm ET)
        2  
        Nope, you can't be sent to jail for failure to buy insurance.

        You can be sent to jail to failure to pay taxes.
        Report Abuse
    • Author by LoriGirl (November 10, 2009 10:11 pm ET)
        1
      FACT: President Obama said that penalties are appropriate for people who try to “free ride” the health care system but stopped short of endorsing the threat of jail time for those who refuse to pay a fine for not having insurance.
      [url= http://www.youtube.com/watch?v=bVZNBtfn6Dg]Youtube ABC interview[/url]
      [url= http://blogs.abcnews.com/politicalpunch/2009/11/interview-with-the-president-jail-time-for-those-without-health-care-insurance.html]ABC News Blog[/url]
      [*]
      http://www.youtube.com/watch?v=bVZNBtfn6Dg
      http://blogs.abcnews.com/politicalpunch/2009/11/interview-with-the-president-jail-time-for-those-without-health-care-insurance.html
      Report Abuse
    • Author by egb (November 11, 2009 2:51 am ET)
      1 3
      If you refuse to pay the "tax" what happens then? What if you don't have any money to pay the tax? When the government says you must do something they do it with the force of a gun. Refuse to do it an you go to jail. HR3962 will send you to jail if you don't buy insurance and won't pay the fine. It's not a tax, it's a fine; the government cannot tax people's behavior yet. They can have excise taxes on things, but not people.

      There will be a number of people willing to go to jail to disobey this law. That will cost the government more money and also reduce revenues. Furthermore, along these lines, a taxpayers revolt will bring the entire Social Security/Medicare/Obamacare Ponzi scheme crashing down. I will
      eagerly participate in such a revolt. When that happens,
      Krugman will be right. Half the country (the half that Krugman doesn't like or care about) will cause the economy of the country to collapse -- sort of like in Atlas Shrugged.
      Report Abuse
      • Author by MiddleMan (November 11, 2009 5:39 am ET)
           
        What is amazing is the fact these folks have so much trouble understanding simple concepts such as "no public funds for abortions" and "no one goes to jail".
        Then, after they distort facts and scare those with even less brains than they have, it's amazes me how they are capable of putting two sentences together.
        The danger here is that those with even less brains than Obama's opponents believe these are well-thought-out people who are working with real facts.
        The Secretary of Homeland Security must be very proud of her brother as he tries to undermine everything she is trying to do.
        Is there a chance that stupidity will ever be a detainable offense? I guess we wouldn't have enough prison's for that.
        The right wingnuts always believe the best solution is the simplest one. It is this obsession with simplicity that hurts them the most.
        It is when the simplest arguments turn into complexity that the Conservatives lose their bearings.
        They have no tolerance for anything more than their narrow and myopic views.
        Report Abuse
      • Author by Cheney2012 (November 11, 2009 7:16 am ET)
          3
        To MMFA and the drones who comment here:

        If I someone doesn't pay the fine what will happen to me?
        Report Abuse
        • Author by MaineiacMan (November 11, 2009 9:55 am ET)
          1 3
          Exactly! I havent heard one pundit say that if you dont get health insurance you WILL go to jail. I've heard you COULD and they CAN put you in jail. Those are true statements. Why is Media Matters repeatedly trying to spin this arguement based upon a technicality. This is about the 4th time around for this jail/healthcare thread.

          Based upon the bill and the letter from the Committee, if you do not get insuarance and you do not pay the penalty for not getting insurance you COULD go to jail. Period. Move on.
          Report Abuse
          • Author by fantagor (November 11, 2009 3:11 pm ET)
            2  
            But you miss the point that Beck's understudy and others LEAVE OUT the critical step of not paying taxes can lead to jail time. They purposefully phrase it in a deceptive manner to make it sound like the mere act of failing to secure insurance coverage could lead to jail time. It's like saying owning a gun can lead to jail time without adding the detail "if it's unregistered."

            Either state the entire conditional or for the love country, please stop talking, you're weakening the nation.

            Randy
            Report Abuse
          • Author by DellDolly (November 11, 2009 3:31 pm ET)
            1  
            It's not a matter of could or will, though.

            It's not a true statement. You can't go to jail because you failed to buy insurance.

            You can be fined a penalty because you failed to buy insurance.

            You could NOT be sent to jail because you failed to buy insurance.

            You can ONLY be sent to jail if, after you fail to buy insurance, you then disregard your obligation to pay the penalty you owe!

            The the failure to pay the penalty that gets you in jail.

            We understand that. You don't. It's not a matter of us not understanding the difference between "could" or "will".
            Report Abuse
        • Author by DellDolly (November 11, 2009 3:28 pm ET)
          2  
          If you don't pay a penalty for failing to buy insurance, you can go to jail as a result of not paying what you owe.

          You won't be going to jail because of the reason you owe money to the government. You'll be going to jail because you failed to pay. The reason doesn't matter.
          Report Abuse
      • Author by SHSZack10 (November 11, 2009 9:49 am ET)
        1  
        Thank you for clarifying this. The article heading is simply a misquote, and we need people to clarify. And this is some interesting information you have presented. I would like to see someone try to diffute it. Kinda impossible.
        Report Abuse
    • Author by dave (November 11, 2009 11:10 am ET)
        3
      Beck fill-in Napolitano forwards false claim that the government could "even put you in jail" if you fail to purchase insurance under health care bill.



      Its not a false claim.
      Report Abuse
      • Author by DellDolly (November 11, 2009 3:26 pm ET)
        2  
        Yes it is a false claim.

        It's the failure to pay taxes owed that subjects you to a jail time penalty. Failure to pay taxes for any of a thousand reasons they're owed. If you make a profit on a small business, but don't pay taxes, you could get a jail term. If you withdraw money from an IRA, but fail to pay penalties, you could get jail time.

        The REASON the penalty was assessed and therefore is owed is immaterial.

        The penalty is for failing to pay taxes owed!
        Report Abuse

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