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Right-wing blogs run with reporter's false question on jail time under health bill

November 12, 2009 12:37 pm ET — 75 Comments

Right-wing websites including the Fox Nation have highlighted a question asked of House Speaker Nancy Pelosi at a November 9 press conference in Seattle by a local reporter who said, "Do you think it's fair to send people to jail for not buying health insurance?" In fact, the penalty under the House health care reform bill for failure to purchase insurance is a tax, not jail time, and willful failure to pay federal income taxes can result in civil or criminal penalties.

Right-wing blogs trumpet Seattle reporter's question: "[I]f you don't buy health insurance, you go to jail?"

Seattle reporter: "Do you think it's fair to send people to jail for not buying health insurance?" From the November 9 press conference:

SHOMARI STONE, KOMO 4 NEWS: Madame Speaker, I'm Shomari Stone from KOMO 4 news. I have a question for you that hasn't been pointed out but a lot of Americans feel this way. Do you think it's fair to send people to jail for not buying health insurance?

PELOSI: Well the point is -- is that we want make sure that everyone has access to health care. For a long time now people who haven't had health care or provided it have placed the burden on others. Everybody is paying the price for uncompensated care-I don't need to tell you that-in a hospital. And so this is -- is to say that we all have to do our part and that is the point of the bill.

STONE: But Madame Speaker, I'm just trying to understand, if you don't buy health insurance, you go to jail? You didn't answer my question.

PELOSI: Well, the point, there is -- I think the legislation is very fair in this respect. It gives people an opportunity to have health care, access to quality health care. If they can't afford it, it provides subsidies for them to do so. But do you think it's fair if somebody says, I'm just not going to have any, if I get sick, then I'll just go to the emergency room and send the bill to you. That's my view on the subject.

Real Clear Politics: "Pelosi On Jail Time For No Health Care: 'The Legislation Is Very Fair In This Respect.' " On November 11, Real Clear Politics posted a video clip from the press conference with the headline: "Pelosi On Jail Time For No Health Care: 'The Legislation Is Very Fair In This Respect.' "

Gateway Pundit: "Pelosi On Jailtime For Those Who Refuse to Buy Obamacare: 'The Legislation Is Very Fair In This Respect.' " On November 11, Gateway Pundit blogger Jim Hoft posted the video and stated that "Speaker Pelosi was confronted by a local reporter on the legality of jailing Obamacare evaders during a press conference in Seattle." The headline of the post asserted that Pelosi said the legislation is "Very Fair" on "Jailtime For Those Who Refuse to Buy Obamacare."

Fox Nation: "Pelosi: It's 'Fair' to Jail People Without Health Insurance." On November 11 and November 12, Fox Nation posted the video clip with the headline: "Pelosi: It's 'Fair' to Jail People Without Health Insurance":

pelosivideo1

But the reporter's question is based on false talking point

Penalty for failure to purchase insurance is a tax, not jail time. Section 501 of the House health care reform 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 dependents, "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":

(a) TAX IMPOSED.-In the case of any individual who does not meet the requirements of subsection (d) at any time during the taxable year, there is hereby imposed a tax equal to 2.5 percent of the excess of-

(1) the taxpayer's modified adjusted gross income for the taxable year, over

(2) the amount of gross income specified in section 6012(a)(1) with respect to the taxpayer.

(b) LIMITATIONS.-

(1) TAX LIMITED TO AVERAGE PREMIUM.-

(A) IN GENERAL.-The tax imposed under subsection (a) with respect to any taxpayer for any taxable year shall not exceed the applicable national average premium for such taxable year.

Bill does not impose tax on those below the threshold for filing a federal income tax return. The Joint Committee on Taxation states: "The additional tax does not apply ... if the person's income is below the threshold for filing a Federal income tax return." Indeed, Section 501 of the bill imposes taxes on "the excess of ... the taxpayer's modified adjusted gross income for the taxable year over ... the amount of gross income specified in section 6012(a)(1)" of the Internal Revenue Code. Section 6012(a)(1) of the Internal Revenue Code provides that "a return is not required of an individual [who] ... has gross income of less than the sum of the exemption amount plus the basic standard deduction applicable to such an individual."

"Hardship cases" are exempted from the tax. From Section 501(f):

(f) REGULATIONS.-The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations or other guidance (developed in coordination with the Health Choices Commissioner) which provide-

[...]

(2) a waiver of the application of subsection (a) in cases of hardship, including a process for applying for such a waiver.

Willful failure to pay income taxes can result in civil or criminal penalties. Gateway Pundit quoted from a press release by Rep. Dave Camp (R-MI) that in turn relies on a letter from the Joint Committee on Taxation. 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]

Fewer than 100 people convicted for "willful failure to file or pay taxes" in fiscal year 2008. From the Joint Committee on Taxation letter: "Of the 666 convictions reported above for fiscal year 2008, fewer than 100 were convictions for willful failure to file or pay taxes under section 7203." [Joint Committee on Taxation letter, 11/5/09]

Most delinquent taxes and penalties "collected through the civil process." The Joint Committee on Taxation letter states:

The majority of delinquent taxes and penalties are collected through the civil process. In determining whether a penalty applies along with an adjustment to a tax return, the examining agent is constrained not only by the applicable statutory provision, but also by the written policy of the IRS not to treat penalties as bargaining points but instead to develop the facts sufficiently to support the decision to assert or not to assert a penalty. [Joint Committee on Taxation letter, 11/5/09]

Conservative media repeatedly fearmonger about possibility of jail time

Drudge: "PELOSI: Buy a $15,000 Policy or Go to Jail; Failure to Comply, 5 Years in Prison." The headline was posted on the Drudge Report on November 7:

pelosivideo2

Dick Morris: "[Y]ou can actually go to jail for not having health insurance." During the November 9 broadcast of Fox News' Hannity, Dick Morris stated, "One of the provisions in the Pelosi bill is you actually can go to jail for not having health insurance. It says if you don't have health insurance, you have to pay a fine of 2.5 percent of your income to the government. And if you don't, you face $250,000 or five years in prison."

Hannity cites Morris' false claim that jail is a penalty for failure to buy insurance under heatlh bill. During the November 10 edition of his Fox News program, Sean Hannity stated, "Dick Morris was on the program last night. Penalties for people who don't get government-mandated health insurance, uh, jail time, a possibility?"

Fox & Friends graphic: "Comply or go to jail." Fox & Friends aired the following graphic on November 10:

pelosivideo3

Beck fill-in Napolitano says government could "even put you in jail" if you fail to purchase insurance under health care bill. During the November 10 edition of Fox News' Glenn Beck, guest host and former New Jersey Superior Court judge Andrew Napolitano stated, "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."

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    • Author by right ON (November 12, 2009 12:45 pm ET)
      1 4
      Ok, now I conceded yesterday that this is not an accurate description, "comply or go to jail".

      But what is this spinning nonsense from Pelosi when directly asked? Why does she dance around it? Makes me wonder why she didn't directly respond and refute the questioner?
      Report Abuse
      • Author by DellDolly (November 12, 2009 12:56 pm ET)
        5 1
        Because she's a politician maybe, and they typically answer the question they want to answer and not the question that was asked.

        Why should she answer a leading, dishonest question anyway? She did answer the underlying issue - why should people be forced to buy insurance? What benefit is there to the system to have people financially penalized if they don't?

        And she did answer that. She did refute the underlying question, and she did refute the questioner.

        PELOSI: Well the point is -- is that we want make sure that everyone has access to health care. For a long time now people who haven't had health care or provided it have placed the burden on others. Everybody is paying the price for uncompensated care-I don't need to tell you that-in a hospital. And so this is -- is to say that we all have to do our part and that is the point of the bill.
        Report Abuse
        • Author by right ON (November 12, 2009 12:59 pm ET)
            6
          Well, since you have dodged Brabantio's direct question and response to you yesterday after you called his analogy not "all that great", you should know something about not wanting to answer questions that make you uncomfortable. Why didn't you answer him below?

          Brabantio - "You know, you don't have to dispute every single thing that RO says. If he concedes a point, then that's a good thing. I do believe you've also commented on RO's general ability to admit error. He's done so here. Are you capable of doing the same, or are you going to continue to pretend that I said something I didn't?"
          Report Abuse
          • Author by DellDolly (November 12, 2009 1:20 pm ET)
            5  
            I hadn't been back to that thread today, but it was on my list of things to do (I still had another window open with that thread to remind me to do so even!), so you're not telling the truth when you claim that I am dodging his question. I have now gone back and replied, but I had previously directly addressed my understanding of his confusion about this issue - that jail time is not a potential outcome of failing to pay insurance nor for failing to mow one's grass.

            Report Abuse
            • Author by right ON (November 12, 2009 1:27 pm ET)
              1 7
              You did dodge it until it was pointed out and you had too. In any event, his lawm mowing analogy made me rethink my entire opinion and I changed my mind, and my position. He was man enough to thank me after I conceded the point to him. You just didn't like it that his analogy was more apt than yours. Sorry.
              Report Abuse
              • Author by DellDolly (November 12, 2009 2:27 pm ET)
                3 1
                No, I didn't dodge it in any way, shape or form. Again, I got online, and was checking new items on this site before I went back to check the older items. I still have a separate window open that says "Quick fact" Hannity ci..." on the bottom of my computer screen that's a link to that very thread, and I had it on my computer all night long so that I could go back there today.

                You're lying now. I told you that I wasn't dodging it, and you continued to accuse me without cause. You know it's not true, but you just can't stop yourself from attacking me personally, can you?

                And his analogy wasn't more apt. I submitted several. I suspect it was that you couldn't make yourself admit that I proved you wrong. That would better fit your pattern.

                I replied to your other posting where you were snide and disrespectful when I disparaged your 'apology'.

                You made my point with a casual dismissal of my analogy. In that same string, you posted the snide remarks below. I was supposed to cheer those comments and thank you when you call me someone I'm not, when you fail to acknowledge that both MMFA and me were right all alone, and give full credit to Brabantio for finally being able to straighten out your thinking, and then you immediately go back to defending your false argument and finally throw in a condescending smear at the end? Really?

                Fine Suzy, it's a valid point about the IRA, because of Brabantio's argument below about lawm mowing as well. He makes a convincing argument there.

                However, if someone makes the claim that you can go to jail for withdrawing an IRA, technically it's not inaccurate, it's just not the correct order of things. So I apologize for my defense of this jail argument. I could boil it down to parsing nonsense of that technicality, but I don't do that classic liberal technique, sorry to disappoint.
                Report Abuse
                • Author by right ON (November 12, 2009 2:36 pm ET)
                  2 6
                  The point is you make an excuse for Pelosi dodging a direct question because you did the same, except that you knew unless you did go back and post some ridiculous nonsense response to Brabantio about what you thought he meant, you wouldn't be able to respond here. You tried to rescue yourself but he made you look like even more foolish, so in hindsight you should've just dodged it. It would have been better for you.
                  Report Abuse
                  • Author by DellDolly (November 12, 2009 6:59 pm ET)
                    1  
                    I didn't make any excuse for Pelosi dodging the question - that just isn't supported by the facts, but once again, feel free to continue to show everyone how controlled you are by your obsession with making personal attacks against me!

                    And you're continuing to lie about what I did is nonsense.

                    You're the one who has a history of not going back to threads after you're done derailing threads to reply to posts the next day. I don't have that same history here. You're just a snake trying to throw out smears because you got pwned yesterday on this topic by me.

                    I still don't agree that Brabantio's response was totally clear, but I explained to him how I misunderstood what he clearly did mean. He didn't make me look foolish at all.

                    Now, you, you're making yourself look foolish, that's undeniable.

                    If you think you can convince anyone that I run from any fight, you're really insane. I pick fights, and stick with them. I don't run from anything or anyone.

                    And in reference to your "It would have been better for you" concern troll advice...I'll let you know when I need your advice. Given what I know about you and your dishonesty, at this point in time, if you told me to step to the left to avoid a bullet, I'd step right.
                    Report Abuse
                    • Author by Brabantio (November 13, 2009 8:20 am ET)
                         
                      I still don't agree that Brabantio's response was totally clear, but I explained to him how I misunderstood what he clearly did mean.
                      That's a flat-out lie:
                      So, if you were saying that you can't got to jail for failure to mow your lawn, but if you got a fine for failure to mow your lawn, and you didn't pay that fine, and you went to jail for THAT failure, then great. But that's not what I read, and I don't think that's what you wrote.
                      You didn't explain how you misunderstood "what I clearly did mean". You suggested that you might have misunderstood it because you didn't think I originally wrote anything to support my clarification. And then, four hours after the post I'm responding to:
                      Yeah, I still don't think this argument works.
                      Which is it? Did you misunderstand what I "clearly did mean", or are you continuing to dispute the clear meaning of my post? You can't very well say you misunderstood something if you're going to insist I said something that's consistent with your interpretation.

                      Is this really worth it for you?
                      Report Abuse
                      • Author by DellDolly (November 13, 2009 11:47 am ET)
                           
                        I replied on that other thread.

                        Here, you snipped my reply to you on that other thread. My complete reply gives more context than your snippet does - there was more stuff before it and after it.

                        I don't believe that what you typed on the other thread is what you meant, based upon your later clarification. I don't think the "clear meaning" of your post is all that clear, and I don't think that it matches up with your later explanation, and I don't think your original post debunks the rightwing argument here very well at all.
                        Report Abuse
                        • Author by right ON (November 13, 2009 12:52 pm ET)
                             
                          Oh Sue, get over it. There has been no inconsistency in what Brabantio wrote at all. He gave a very simple analogy and you just didn't like it that I found it more relevant than yours. So you, in your typical cry-baby fashion, complained it wasn't all that great. And then you went on to lie about it as he says above.

                          Your credibility takes a beating with every post, aren't you bruised enough here?
                          Report Abuse
                        • Author by Brabantio (November 13, 2009 1:59 pm ET)
                             
                          Here, you snipped my reply to you on that other thread. My complete reply gives more context than your snippet does - there was more stuff before it and after it.
                          You are perfectly free to explain how the rest of your reply changes your meaning. Without that demonstration, I fail to see why I'm supposed to provide anything else. Besides, you yourself linked to the thread, so everyone can see it for themselves.
                          I don't believe that what you typed on the other thread is what you meant, based upon your later clarification. I don't think the "clear meaning" of your post is all that clear, and I don't think that it matches up with your later explanation, and I don't think your original post debunks the rightwing argument here very well at all.
                          You certainly haven't made any effort to explain how it doesn't "match up". I'm dying to see what you are now claiming is inconsistent. As for being clear, let's let's pinpoint the exact source of the problem:
                          So, if you were saying that you can't got to jail for failure to mow your lawn, but if you got a fine for failure to mow your lawn, and you didn't pay that fine, and you went to jail for THAT failure, then great. But that's not what I read, and I don't think that's what you wrote.
                          And here's what I wrote:
                          You can get fined or sentenced to probation or community service, but if you fail to comply to lesser punishments you might go to jail.
                          That would be your lack of reading comprehension, not my lack of clarity.
                          Report Abuse
                          • Author by right ON (November 13, 2009 2:27 pm ET)
                               
                            "I don't believe that what you typed on the other thread is what you meant,"

                            And I love that one. Pretty much invalidates any argument one cares to rebut around here anymore, doesn't it? Well, you typed it, but you didn't mean it. lol

                            If she ties herself up anymore on this she will need Houdini to get her loose.
                            Report Abuse
      • Author by mk3872 (November 12, 2009 1:01 pm ET)
        3 3
        This is classic Pelosi. Her answers and her conduct at news conferences is terrible. This was a bad response, she needed to be better prepared.
        Report Abuse
      • Author by themidnightreview.com (November 12, 2009 1:23 pm ET)
        2  
        As a politician, you don't want to give a definitive yes or no, regardless if that's what it takes, but in my opinion, most Americans would understand that, and if she just said "no", then it would have been good...

        ------------------------------
        The Midnight Review
        Mum Is The Word
        Report Abuse
      • Author by greybeards (November 12, 2009 2:58 pm ET)
        1 1
        Actually it still is comply or go to jail. It's just that you have two chances to comply - purchase health insurance, or pay the fine,

        Failure to comply with either of those mandates and it's time to get fitted for pinstripes!

        Greybeard:
        Report Abuse
        • Author by DellDolly (November 12, 2009 7:02 pm ET)
          1  
          Failure to pay taxes owed is what gets you in jail.

          It doesn't matter what caused you to owe taxes. You could have had income you failed to report or you could have had an early IRA withdrawl or you could have failed to purchase healthcare insurance.

          The penalty for failure to buy insurance is a fine/penalty/tax. Not jail.
          Report Abuse
          • Author by Welfare-Warfare State (November 13, 2009 11:02 am ET)
               
            Pure sophistry! The stae first measue is a fine whih is a force after all. The states second measure for compliance is actual physical force. Agents come to your door or place of work and arrest you. The state goes far beyond its legitimate function. They should be protecting individaul liberty not destroying it. You people are just like those damn drones in Orwell's 1984. You've learned to rely on and even love the Leviathan State. This is not a free country in any shape or form and hasn't been for a long time. Jefferson warned us that if we attempted to trade freedom for security that we would get neither.

            When all of this statism results in true tyranny instead of the soft tyranny that we have now, will you people then at long last acknowledge that something is deeply flawed with modern liberalism? Our currency will collapse if our current course continues for the next decade.
            Report Abuse
            • Author by mikehuck1976 (November 13, 2009 12:55 pm ET)
                 
              I don't think anyone is going to be sent to jail for this. However, I think the mandate is a bad idea without a single-payer or socialized medicine system. We know what the private insurers are going to do. Anything they can do excuse a rise in costs. If we mandate that more people are covered, and that they cannot be excluded for a pre-exitsing condition, but we do not have a single-payer option to choose from, this will only drive costs up. Private insurers have been shown for what they are over the last 15 years. Amoral, greedy businessmen. Which is fine. Just not in the field of medicine.
              Report Abuse
    • Author by DellDolly (November 12, 2009 12:50 pm ET)
      3 2
      Yes, and we saw many people yesterday and the day before not understand this here.

      I will give the analogy or two here to try to explain it.

      There is no jail time penalty for withdrawing funds from an IRA before you turn 59. However, there are financial penalties for that removal of money.

      If you then fail to pay the taxes owed for that early withdrawl, you can be jailed for failing to pay taxes. You're not jailed for the withdrawl, for the reason you owed taxes. You could be jailed for the failure to pay the taxes owed.

      If you earn money from a small business, or the sale of stock, and you don't pay the taxes owed on that earned income, you could go to jail for failure to pay taxes. You won't go to jail for earning that money though, will you? Of course not.

      And you won't go to jail for failure to purchase healthcare insurance. You can be assessed a penalty unless there are extenuating circumstances that caused you to fail to buy that insurance.

      But if you don't have that good excuse to have purchased insurance, you'll be assessed a penalty, a fine. And if you don't pay that fine, you could be sent to jail. Now, the average person who is prosecuted for failure to pay owes tens of thousands of dollars, and less than half of those convicted actually go to jail. Most people who fail to pay taxes owed go to jail, but there is a chance that one will.

      But there's no chance that anyone will go to jail for failure to buy insurance. Zero chance. There's no incarceration penalty available for that failure.
      Report Abuse
      • Author by right ON (November 12, 2009 12:53 pm ET)
        3 6
        This isn't about that, it's about MMfA's whining that Pelosi has been mischaracterized or her response has been misinterpreted. Fact is it is her own fault with her political double speak nonsense. That is what happens when you don't answer questions directly.
        Report Abuse
        • Author by DellDolly (November 12, 2009 12:58 pm ET)
          5 1
          It sure is about that. Sorry to burst your bubble. It's about the false question related to jail time. See the headline? Get a clue.
          Report Abuse
          • Author by right ON (November 12, 2009 1:01 pm ET)
            1 6
            No, it's about poor Nancy being misrepresented. It's her own fault.
            Report Abuse
            • Author by clams casino (November 12, 2009 1:17 pm ET)
              7 1
              Well, this item isn't actually about Pelosi being misrepresented. It's about the right wing media running with a dishonest question as if it were legitimate. In fact, Pelosi's horrible non-answer makes me wonder if she knows what she's even talking about. She doesn't even seem to realize that the premise of the question is false.
              Report Abuse
              • Author by right ON (November 12, 2009 1:19 pm ET)
                  3
                Fair enough.
                Report Abuse
              • Author by right ON (November 12, 2009 1:22 pm ET)
                  4
                Although you could be right about Pelosi's "ignorance", I am far more cynical of politicians, so that is me I suppose. But I cannot imagine Pelosi not knowing the premise of the question is false though, I mean the Speaker of the House?

                If politicians don't want to answer questions directly then let them just issue press releases. Then they won't be mischaracterized and websites like this won't have to run cover for them.
                Report Abuse
              • Author by DellDolly (November 12, 2009 1:26 pm ET)
                3 2
                Yes she did realize that the premise of the question was false.

                And like lots of politicians, rather than answer the question that was asked, she answers the question she wanted to answer.

                And she does address the underlying issue - why should people be forced to buy insurance. Because, after all, that's what this issue is about. People can't go to jail because of a failure to buy insurance, but there is coercion involved in trying to not let people off the hook for insurance.

                And she answers that underlying issue - that for the system to work properly, we need everyone (or as close as we can get to everyone) to be insured. That prevents hospitals and local governments and people who do have insurance and pay premiums either directly or through their employers from having to absorb/pay for the care of the uninsured.

                Yeah, she's a politician. And I wish she had said that the premise was false. I doubt that she didn't know that the premise was not true, but you could be right.
                Report Abuse
                • Author by clams casino (November 12, 2009 1:36 pm ET)
                  6  
                  Yes she did realize that the premise of the question was false.


                  There's no evidence of that in her answer. If she knew the question was based on a false premise, then she should have said that clearly. I can't see what political backlash she would have experienced for pointing out the falsehood in the question. That's why the likely explanation is that she didn't even know it was false.
                  Report Abuse
                  • Author by right ON (November 12, 2009 1:45 pm ET)
                    1 4
                    I think she knows that the ultimate penalty, should all the prior taxes levied for non-compliance failed to be paid, could be jail time, I mean that is in the bill. It's not just "jail time for failing to buy insurance". So as a typical politician, she did not want to highlight that so she dodged it and went on to the fair aspects of the bill instead. When she should have explained it in terms of it being no different than other ultimate penalty for non payment of taxes.

                    Whatever her reason, whether it was her own ignorance or not, is still her fault. And she can't blame anyone for repeating the answer she gave.
                    Report Abuse
                    • Author by DellDolly (November 12, 2009 2:40 pm ET)
                      4 1
                      There is nothing in the bill about jail time.

                      Jail time is in the code about taxation. Not in the healthcare reform bill.

                      And the issue is not her answer. You can try to make this about your dislike of politician Nancy Pelosi's politically-inclined answer to this question, but it's about the dishonest continuation of the assertion that jail time is a potential penalty for failure to buy insurance.
                      Report Abuse
                      • Author by right ON (November 12, 2009 2:43 pm ET)
                        1 2
                        STONE: But Madame Speaker, I'm just trying to understand, if you don't buy health insurance, you go to jail? You didn't answer my question.

                        PELOSI: Well, the point, there is -- I think the legislation is very fair in this respect.

                        She answered it out of the box, that is exactly what she said. You yourself said she understood the question completely. Well, if she did then she thinks it's "very fair".

                        There was no distortion, she said it.
                        Report Abuse
                        • Author by DellDolly (November 12, 2009 7:06 pm ET)
                          1  
                          Fair in the respect that it's fair to Americans in general because it requires everyone to carry their fair share of the load.

                          Just like Social Security is fair, even though if you suddenly die unmarried and childless before you reach 62, you won't ever get anything back from it!

                          She's not saying that it's fair to be sent to jail.

                          You once again cropped her statement, like you've cropped so many statements from other people, to distort her statement.

                          You dishonest, deceitful scoundrel. How do you live with yourself?
                          Report Abuse
                        • Author by DellDolly (November 12, 2009 7:09 pm ET)
                          1  
                          And remember, she wasn't asking the questioner's question. Not the first time, and not the second time either. And if you look at the questions and the answers, they are incredibly similar. Her statement about the legislation being fair was NOT addressing the false allegation in the question!

                          You claimed that you now understand that jail time is not an option, but you still are pushing that line.
                          Report Abuse
                  • Author by DellDolly (November 12, 2009 2:33 pm ET)
                    3 1
                    Addressing the strawman in a question is not always a wise choice, and I find it incredibly difficult to believe that she doesn't know the penalty for failing to purchase insurance doesn't include any jail time. She just didn't want to go down that rabbit hole, so she ignored that strawman.
                    Report Abuse
                    • Author by right ON (November 12, 2009 2:45 pm ET)
                      1 3
                      "I find it incredibly difficult to believe that she doesn't know the penalty for failing to purchase insurance doesn't include any jail time"

                      I agree with you, and she answered that it was "very fair". So she must think jail time is fair punishment, even though it is not the punishment at all, a tax is.
                      Report Abuse
                      • Author by DellDolly (November 12, 2009 7:16 pm ET)
                        1  
                        No, she did NOT answer that the penalty is very fair. She answered that the legislation is very fair, in that it makes everyone pay for insurance so that we don't have uninsured people later taxing local hospitals, local governments and the premiums of those who are insured. That's what is fair.

                        Man, you are dense sometimes. Or are you just being dishonest here?

                        I explained this to you at 12:56 PM today.

                        She did answer the underlying issue - why should people be forced to buy insurance? What benefit is there to the system to have people financially penalized if they don't?

                        That's the question she was answering. That's what she was describing as FAIR.

                        But you missed it. Why? Well, maybe it has something to do with your intense need to make personal attacks, because your kneejerk reply to me was to attack me for not having replied on your timetable to Brabantio on the previous thread where I proved to you that you were wrong about this very same jail time issue. And on this thread, when your very first attempt to derail the thread to change it into how Pelosi failed to answer the question! And NOW you want to pretend that in fact she WAS answering the question you KNOW she wasn't answering, and you want to pretend you don't KNOW what question she WAS answering?

                        Based upon the available evidence, I don't think it's that you're ignorant. I think it's clear you're being dishonest. Crystal clear.
                        Report Abuse
                • Author by right_wired (November 12, 2009 4:38 pm ET)
                    1
                  "People can't go to jail because of a failure to buy insurance"

                  That is factually incorrect.

                  It's IN the BILL. Have you NOT read it? If you refuse to buy cheapest health insurance option at $15,000/year, you WILL be fined. That is a FACT. It is IN the bill.

                  If you refuse to pay the FINE, then you will go to jail. That is a FACT. Is is in the bill.

                  The question is not false, the Pelosi was.

                  You see? This is why you liberals can't win. When the facts are staring you in the face, you try to wordsmith your way into a different conclusion.

                  It doesn't work.
                  Report Abuse
                  • Author by Brabantio (November 12, 2009 6:33 pm ET)
                    1  
                    Logically, this argument leads you to oppose any and all fines levied by the government. Think about it.

                    Traffic tickets are a good example. When you get a ticket, is your response "They're going to send me to jail because I parked too close to a fire hydrant!"? No, because the result of jail relies on future events that are not certain in any way. It's likely that you'll pay the stupid ticket before it gets that severe. But laws have to have teeth. It's not like you can refuse to pay a fine and the government is just going to say "oh well". Nobody would pay attention to the laws, then. There has to be something beyond the fine, for those who refuse to pay it.

                    So crying foul about the possibility of jail would apply to everything that governments do in order to enforce minor laws. Is that your position, that we shouldn't fine anyone for any reason, since that could result in jail time?
                    Report Abuse
                    • Author by mikehuck1976 (November 13, 2009 1:31 pm ET)
                      1  
                      Correct. That seems pretty clear to most people who are not seeing party first. I think the jail time is a red herring. However, the mandate is still not a good idea to me without a true government-funded public option to choose from.
                      Report Abuse
                  • Author by DellDolly (November 12, 2009 7:22 pm ET)
                    2  
                    Jailtime is not in the bill. You're either lying or misinformed.

                    Only a fine is in the bill.

                    Being jailed for failure to pay taxes owed is in the tax code, not in this bill.

                    Because failure to pay taxes is the offense that can get you imprisoned. Getting an early IRA withdrawl doesn't subject you to being jailed. But failing to pay the penalties for that early withdrawl can get you jailed.

                    Just ask Richard Hatch.

                    Winning Survivor didn't make him go to jail. Failing to pay income taxes from his Survivor winnings sent him to jail.

                    Why do people like you who don't know what you're talking about come here thinking you can educate us?
                    Report Abuse
            • Author by mikehuck1976 (November 13, 2009 1:28 pm ET)
                 
              I suspect, rightOn, that Nancy and the left-wing in Congress know the mandate is a bad idea. I think they are loathe to defend it because they do not, in principle, agree with it. They would rather we have an actual government option (single-payer, socialized, or hybrid) that could cover everyone.

              I think the mandate is a compromise that has come up between the left and right of the Democratic party. (The Republican party does not even attempt to offer any ideas of governance and have not for quite some time.) I could be wrong, but I suspect Pelosi's reluctance is a reluctance to defend what she disagrees with in principle. I don't think she'll ever say it. But, I also think the mandate without a true government funded public option is a bad idea.
              Report Abuse
        • Author by DellDolly (November 12, 2009 12:59 pm ET)
          4 1
          Why is this (below) MMFA's first paragraph if it's not about exactly what I said? Well, because it is. I understand you wanted to make it about Pelosi's answer, but it's not about that.

          Right-wing websites including the Fox Nation have highlighted a question asked of House Speaker Nancy Pelosi at a November 9 press conference in Seattle by a local reporter who said, "Do you think it's fair to send people to jail for not buying health insurance?" In fact, the penalty under the House health care reform bill for failure to purchase insurance is a tax, not jail time, and willful failure to pay federal income taxes can result in civil or criminal penalties.
          Report Abuse
          • Author by DellDolly (November 12, 2009 1:31 pm ET)
            5 1
            Real Clear Politics: "Pelosi On Jail Time For No Health Care: 'The Legislation Is Very Fair In This Respect.' "

            Gateway Pundit: "Pelosi On Jailtime For Those Who Refuse to Buy Obamacare: 'The Legislation Is Very Fair In This Respect.' "

            Fox Nation: "Pelosi: It's 'Fair' to Jail People Without Health Insurance."

            It's about their distortion that jail time is a potential penalty for people who refuse to buy insurance.
            Report Abuse
            • Author by right ON (November 12, 2009 1:33 pm ET)
              2 5
              If she had answered the question directly then perhaps these internet outfits you mention wouldn't have to quote her non-answer to the question asked. It's her fault. As I said, if she had been direct there is no reason to believe her answer would be distorted.
              Report Abuse
              • Author by MaineiacMan (November 12, 2009 1:49 pm ET)
                1 6
                Keep spinning Dolly!
                I'm feeling even better about yesterdays thread after this pearl.....

                PELOSI: Well, the point, there is -- I think the legislation is very fair in this respect. It gives people an opportunity to have health care, access to quality health care. If they can't afford it, it provides subsidies for them to do so. But do you think it's fair if somebody says, I'm just not going to have any, if I get sick, then I'll just go to the emergency room and send the bill to you. That's my view on the subject.

                Cant wait for the next politician to open thier mouth.
                Report Abuse
                • Author by mary59 (November 12, 2009 2:36 pm ET)
                  3  
                  To be honest, I don't like the mandated insurance either. I understand the logic, but to force people to buy health insurance or pay a penalty seems wrong to me. I can see mandated insurance for drivers, but not this.

                  It's just soooo obvious that we need single payer health insurance for everyone. So much simpler, and more cost effective, too.
                  Report Abuse
                  • Author by egb (November 13, 2009 3:54 am ET)
                       
                    Mandated insurance for drivers is a state law, not a federal law. There is no corner of the US Constitution that supports the federal government forcing people at the point of a gun to buy anything, especially insurance. People who refuse to buy insurance are very likely to refuse to pay the penalty also. In that case, if Nancy gets her wish the person will go to jail. When that happens, Nancy will then have to look elsewhere for the money that person would have paid in taxes and look elsewhere to find money to support the person while he is in jail. The "penalty" part of HR3962 is almost funny if it wasn't for the fact that these privileged elite government elected officials think they are doing something useful. Nancy has obviously not thought a lot about HR3962.
                    Report Abuse
              • Author by DellDolly (November 12, 2009 2:31 pm ET)
                4 1
                What are you talking about? These sites have been spinning the lies about how failure to buy insurance can result in jail time for several days. Her comments in response to this question didn't encourage or affect that false spin in the least!

                As I have already explained to you, it's not her answer that's the issue here. I understand you desperately want to make it be about her answer, but it's not about her answer. It's not about her answer being distorted. It's about their distortion of the jail time!

                How many times will you need to have this explained to you?
                Report Abuse
                • Author by right ON (November 12, 2009 2:40 pm ET)
                    3
                  The question was false, we all know that. But the answer she gave was to the question being asked twice, and they did not distort her answer at all, that is exactly what she said. If she wanted to answer a direct question about jail time as being "fair", then it was her own fault for it being reprinted exactly as she answered it.
                  Report Abuse
                  • Author by MaineiacMan (November 12, 2009 3:51 pm ET)
                      2
                    I have heard skilled politicians and commentators say 'I dont accept the premise of your question'. She didnt do that. She answered the question. Based upon her answer, I'd assume that she accepted the premise of the question.
                    Report Abuse
                    • Author by right ON (November 12, 2009 3:58 pm ET)
                      2 2
                      I now think what happened is that she knew exactly what the question was and understood it completely. She knew if she said jail time was not a penalty for not buying insurance, then the next question could easily be "well if the tax isn't paid for failing to buy insurance, the penalty could be jail, correct?" And she didn't want to address it at all, so she dodged it and answered what she wanted.

                      Typical politician, avoid the tough issue because it is imperative to try and hide the nitty gritty of bills and what they could possibly ensue because they don't poll well.

                      As I said, it's her own fault if she gets misrepresented. Maybe she will think next time and answer honestly.
                      Report Abuse
                      • Author by mikehuck1976 (November 13, 2009 1:33 pm ET)
                           
                        I can see that. You may be exactly correct.

                        However, I also think it is possible that she and the left-wing of the Democratic party do not agree with a mandate and have allowed it in as a compromise to the moderate and right-wing of the Democratic party.
                        Report Abuse
                  • Author by DellDolly (November 12, 2009 7:27 pm ET)
                    1  
                    No, the answer she gave was NOT to the question that was asked.

                    It was to the question she wanted to answer.

                    I explained this to you at 12:36 this afternoon.

                    But you missed it because you wanted to attack me about yesterday's thread where you were pwned I guess!

                    She never said that jail time was fair. Not at all. Never.

                    How did you forget in 2 hours that she didn't answer the reporter's question?

                    And why did you conveniently 'forget' the very first comment by you yourself?

                    But what is this spinning nonsense from Pelosi when directly asked? Why does she dance around it? Makes me wonder why she didn't directly respond and refute the questioner?

                    So why are you now saying that she directly responded to the question about jail time by saying that jail time is fair?

                    Man, when you twist yourself up in knots, you sure do a bang-up job!
                    Report Abuse
                • Author by Snowman (November 12, 2009 3:28 pm ET)
                  1 2
                  Obama made the same mistake as Pelosi -- dodging the question. The answer should be an emphatic no if indeed there is no potential for someone to be jailed for not carrying insurance. I understand the time-line isn't a straight-to-jail outcome for not carrying insurance, as do most thinking people. But the potential is there if you don't pay the $X,000 fine/tax for not carrying insurance. As a potential outcome, it's worthy of investigation.

                  The underlying issue is the Government's ability to force some form of Health Insurance on you. We all agree it would be wonderful if everyone was insured, but it's not the Government's place to issue that mandate. Highlighting potential jail time brings that issue to the forefront. If you want to argue over the manner in which it's presented, by all means, knock yourself out, but know you're wasting your breath. The fact remains, it is a potential threat for those unwilling to buy insurance (namely the 30 million 20-somethings and illegal immigrants not willing to risk their pseudo-citizenship by exposing they're illegal to get insurance). And if we're to be honest about the penalty imposed, those unwilling to buy insurance are as likely, if not more, willing to ignore the fine/tax. The underlying motive -- they don't care or have enough foresight to evaluate future consequences should they not act responsibly now.

                  Obama's Interview w/ ABC Nov. 9, 2009:
                  “What I think is appropriate is that in the same way that everybody has to get auto insurance and if you don't, you're subject to some penalty, that in this situation, if you have the ability to buy insurance, it's affordable and you choose not to do so, forcing you and me and everybody else to subsidize you, you know, there's a thousand dollar hidden tax that families all across America are -- are burdened by because of the fact that people don't have health insurance, you know, there's nothing wrong with a penalty.”

                  “I think the general broad principle is simply that people who are paying for their health insurance aren't subsidizing folks who simply choose not to until they get sick and then suddenly they expect free health insurance. That's -- that's basic concept of responsibility that I think most Americans abide by,” Mr. Obama said, “penalties are appropriate for people who try to free ride the system and force others to pay for their health insurance.”

                  The President said that he didn’t think the question over the appropriateness of possible jail time is the “biggest question” the House and Senate are facing right now."
                  END INTERVIEW

                  It's not the "biggest question" but it's certainly one worthy of an answer. And for us thinkers, left or right, the non-answer is answer enough to know the truth. The potential is there.
                  Report Abuse
                  • Author by DellDolly (November 12, 2009 7:30 pm ET)
                    1  
                    Yes, it is part of what makes it fair.

                    Just like Social Security is fair, but takes from some more than they'll ever get back, and takes from some who won't ever get anything, and takes from some who could save on their own and get a better return than what the government will ever get them!

                    All Americans face jail time if they don't pay taxes. That's what one would face jail time for here, not for a failure to buy insurance!
                    Report Abuse
                    • Author by Snowman (November 13, 2009 5:46 pm ET)
                         
                      1. You don't buy adequate health insurance.
                      2. You are fined for not having adequate insurance
                      3. You don't pay your fine
                      4. You face going to jail

                      Couldn't be anymore clear.

                      You can get technical about it if you wish, but w/o the first 2 points, there is no tax and there is no potential for jail time for not carrying insurance.

                      As for Social Security - a 2.9% annual return isn't fair to anyone. That minimal return destroys the future-value of the money the Gubment takes from people. That doesn't even cover inflation for most years.

                      A better use of our energy would be to teach finance in our schools. It's the ol' "give a man a fish vs. teach a man to fish" analogy.

                      Report Abuse
                  • Author by mikehuck1976 (November 13, 2009 1:37 pm ET)
                       
                    Well, here's the catch. We either have to insure all people, require people to take part in insurance, or deny medicine to sick people who do not have insurance. We socialize costs right now. We just do it at a much higher costs through ERs.

                    If we are not going to refuse treatment to the sick, then we need to find a way to cover everyone. Whether we use a socialized system (like the VA), a single-payer system (like Medicare), or a hybrid system like France or Germany is up for debate. But, we cannot go on like we are now. If we are not going to refuse treatment to people, then we need to find a better way to cover everyone. I do not agree with a mandate, but universal coverage is something every other civilized nation figured out over a generation ago. It's time we caught up to them.
                    Report Abuse
          • Author by egb (November 13, 2009 3:48 am ET)
            1  
            Hello??? "...the penalty ... for failure to purchase insurance is a tax" - that is not an income tax. It is a "penalty" tax. What does the IRS say about "penalty" taxes? What do you think Nancy is thinking. She, mistakenly, thinks she can send the IRS (your favorite people friendly government organization) after anyone who doesn't buy insurance. She's wrong.

            What about a 30 year old person earning $92,000/year. Should that person be able to have his own doctor and simply pay his own medical bills? [Hint: look up the average wage of a government employee]. If he were allowed to do that [HR3962 prohibits it] his medical expenses would be half of his twin brother's who is toeing the Obama line and buying insurance. [Insurance is a middle man and goes a long way for explaining why our medical costs are so high]. The worker who pays his own medical bills is better off and gets better medical treatment because he can choose from all doctors, not just the ones that will take government insurance people.

            HR3962 is evil. It should be defeated as quickly as possible and a group should convene to produce a plan for universal coverage that doesn't involve the government.
            Report Abuse
            • Author by mikehuck1976 (November 13, 2009 1:39 pm ET)
                1
              "HR3962 is evil. It should be defeated as quickly as possible and a group should convene to produce a plan for universal coverage that doesn't involve the government." - egb

              Right. That is exactly what you and your ilk told us 15 years ago. And, we listened and went along with it. How did that work out for us? Private industry has had plenty of time to figure out how to lower costs in this country. It ain't happening. If we are not going to deny medicine to sick people, then it is time for the government to cover them.
              Report Abuse
      • Author by Jack Kennedy (November 12, 2009 6:01 pm ET)
           
        The difference is that you don't have to take your money out of the IRA. You have a choice. With the medical insurance, there is not choice. Buy it or go to jail if you don't pay the fine. It's not a tax, it is a fine for non compliance that is disguised as a tax so that you can put the person in jail without having to try the issue on the facts: was the person justified in not buying the insurance? In other words, you just have to show the fine was not paid and the person goes to jail, or they take his or her house. There is no relation between the IRA example and the Health Insurance fine. Wake up and smell the coffee.
        Report Abuse
        • Author by DellDolly (November 12, 2009 11:00 pm ET)
             
          There sure is a clear relationship between those two events.

          If either event happens, tax liability occurs.

          Neither event leads to jail time - not failure to purchase insurance, nor receiving an early IRA distribution.

          Only if you fail to cover your tax liability would jail time be an option. Because it's in the tax code that you can be fined or jailed for failing to pay your tax liabilities!

          Nothing in the bill authorizes jail time for failing to purchase insurance.

          The fact that one is a voluntary choice that makes you have a tax liability and the other will be a mandated option that if you don't do it will make you have a tax liability doesn't affect the fact that it's not those CHOICES that cause you to have the potential for jail time!

          I swear, this is not rocket science.
          Report Abuse
    • Author by Cephas (November 12, 2009 1:49 pm ET)
      1 2
      If you don't buy health insurance, then you must pay a penalty. If you don't pay the penalty, then you're a "tax cheat" and can go to jail. Granted, they're leaving out one of the dots, but the end result (viz., jail) is a definite possibility if one refuse to be forced to be a consumer for the health insurance companies.

      By the way, the income threshold mentioned above for not filing a tax return with the IRS is abysmally low (ca. $9,000 for an individual). So, unless you're dirt poor your choices are:

      (A) Scrape together enough money to buy a health plan -- any plan;
      (B) Don't scrape together the money and fork over 2.5% of your income every year as a penalty;
      (C) Don'tscrpae together any money, refuse to pay the penalty, and become a felon.

      In fact, Rep. Pelosi above almost makes it seem that the insured ARE criminally-minded, bilking the health care system by not having health insurance:

      But do you think it's fair if somebody says, I'm just not going to have any, if I get sick, then I'll just go to the emergency room and send the bill to you.
      Report Abuse
      • Author by DellDolly (November 12, 2009 7:36 pm ET)
        1  
        If you don't buy insurance, you must pay a penalty.

        If you fail to pay taxes for any reason, you can go to jail. It has nothing to do with the reason you owe taxes, so it can be unreported income, or an early IRA withdrawl, or a penalty for failing to purchase healthcare insurance. You don't go to jail because of the reason you owe money that you haven't paid. You go because you owe money that you haven't paid.

        And you're either ignorant or lying about the facts here. There are a variety of subsidies available, and there are legit reasons for some people to not buy insurance that doens't make them pay a penalty either.

        And yeah, we can't let people take advantage of the system the way they have been. Healthy people need to pay when they are healthy because one never knows when they might not be healthy, and they can't simply opt in at that point in time. You can't get car insurance after the accident and then expect them to cover a previous event. It's not fair. A person who did that, failed to report an accident until they got coverage, would be criminally-minded. I am not sure why you don't understand this.
        Report Abuse
        • Author by Cephas (November 13, 2009 12:46 am ET)
             
          I'm not clear why anything I wrote above warrants being called either ignorant or a liar.

          Fox News is a little bit fuzzy with its facts since one does not go to jail for not having health insurance, rather for not paying the penalty for not having health insurance. Still, it seems to me that this distinction really makes precious little difference: The Government is still using a cudgel (i.e., the tax penalty) to force people to buy health insurance with the threat of jail if someone chooses not to pay it.

          I have no problem with a government take-over of health care. In fact, I welcome it. But, mandating that people buy health insurance is the most perverse way to go about it in my humble opinion.
          Report Abuse
    • Author by greybeards (November 12, 2009 2:56 pm ET)
      2 3
      Actually, this command and control power grap by Pelosi will have you tossed in jail, not just for not having health insurance, but having health insurance the government deems "not adequate".

      That will include me as I purchase high deductible, catastrophic coverage that does not meet the federal guidelines in HR 3200.

      Can someone say TYRANNY?

      Greybeard
      Report Abuse
    • Author by greggriffith (November 12, 2009 3:04 pm ET)
      2 2
      So we shouldn't worry about government-run health care, because the penalties for not doing what the government says won't be any worse than those imposed by the IRS?

      Well why didn't you say so?

      SIGN ME UP FOR THIS AWESOMENESS!!! I CAN'T WAIT!!!
      Report Abuse
    • Author by alerted (November 12, 2009 3:57 pm ET)
      2 2
      It's a point blank question and Pelosi didn't answer it! She dodged the question and tried to dance around it with words.
      Report Abuse
      • Author by DellDolly (November 12, 2009 11:03 pm ET)
        1  
        Yes, like most politician, she answered the question that she wanted to answer, and not the misleading strawman argument that she was asked about.

        But the problem is that rightwing blogs are ignoring the fact that it's a false question - jail time is not a threat from failing to purchase insurance!

        That's the issue that MMFA is raising. How did you miss that?
        Report Abuse
    • Author by Boxer1979 (November 12, 2009 5:52 pm ET)
      1  
      Right-wing blogs run with reporter's false question on jail time under health bill

      Yeah for tax evasion if that is in the final bill. People do not like paying taxes anyway. So if the tax provision is in the final bill then people will evade paying the tax and will go to jail eventually or get their income tax took at the end of the year.
      Report Abuse
    • Author by Welfare-Warfare State (November 13, 2009 10:50 am ET)
         
      And if you fail to pay the tax? What if I refuse to pay the tax or fine? The threat of force is implied with all legislation. If I don't want to participate in a ponzi scheme like social security, they'll fine me or attempt to garnish my wages. What if I refuse to pay? Won't armed government agents then show up at my door? Answer: of course they will. If I think the federal income tax is immoral and refuse to pay it, what will happen? First, they resort to the courts and fines. If I still refuse to comply, I will be sent to prison. How is this not armed force?

      It will be the same with this healthcare deform package. Of course they'll take you to jail eventually if you don't comply. How else can they enforce the legislation? It almost never comes to actual armed force because the threat of force is enough to suffice with the vast majority of people. Most people will not trade their freedom for jail time. It's nothing more than sophistry to claim that their will just be a fine or a tax. The fine or tax is just the first measure of force. The final measure for the state is physical force. Government is force.
      Report Abuse
      • Author by Brabantio (November 13, 2009 2:17 pm ET)
        1  
        Yes, anything that you can be fined for could land you in jail if you push against it long enough. So why is that a problem? And if it applies to all legislation, then why on earth is it supposed to be noteworthy for this particular legislation? Obviously making a fuss over it implies that it's something unusual.
        Report Abuse
        • Author by mikehuck1976 (November 13, 2009 3:53 pm ET)
             
          I think in WarfareonWelfare's fantasy-world in the future when we are all controlled by government robots within the Matrix everyone goes to jail eventually.
          Report Abuse
    • Author by Colonel Travis (November 13, 2009 8:06 pm ET)
         
      This post is ridiculous - you don't buy what the gov't tells you to buy the you in the end could very well go to jail. Will you go to jail? Maybe not. Could you? Hell yes.

      2010 and 2012 cannot come fast enough for these idiots.

      Report Abuse