'U.S. Law is Being Violated With Impunity'

Let's face it: Some people are just above the law. And if you complain, well, you're raaaaacist!

A Republican lawmaker is accusing the White House of “unconscionable” and “illegal” acts for its role in Kenya's referendum on a new constitution, which would legalize abortion in the country for the first time.

Rep. Chris Smith of New Jersey cited a report by the U.S. Agency for International Development, or USAID, which estimated that more than $23 million in U.S. taxpayer funds have been spent on the referendum, and Smith and other conservatives have complained that at least some of that money has been spent in sport of the proposed constitution, possibly violating U.S. law.

“Under no circumstances should the U.S. government take sides,” Smith said at a news conference Wednesday. “Yet that is precisely what the Obama administration has done.”

He and other lawmakers accuse the Obama administration of offering incentives to Kenya to approve the controversial new constitution, promising that passage would “allow money to flow” into the nation's coffers. A federal law known as the Siljander Amendment makes it illegal for the U.S. government to lobby on abortion in other countries.

“We were unable to get any information prior to asking for those (USAID) reports,” Smith said. “There’s been no transparency in this process.”

Smith had been joined by Reps. Darrell Issa of California and Ileana Ros-Lehtinen of Florida in requesting the federal investigation into the administration's spending on the referendum.

“U.S. law is being violated with impunity,” Smith told FoxNews.com. “We shouldn’t be pushing for other the ‘yes’ or the ‘no’ camp, but instead, we’re bankrolling the ‘yes’ campaign.”

One group that has received almost $3 million from the U.S. government, Development Alternatives, openly supported “advocating for efforts to eventually legalize abortion in Kenya,” Smith said. Another group, The Committee of Experts on Constitutional Review in Kenya, changed the wording of the Kenyan constitution’s abortion clause to make abortion more widely accessible – and has received over $180,000 from the U.S.

Thanks to these findings, nine of the more than 200 organizations in Kenya that received money from the U.S. have been suspended from receiving assistance, the U.S. Embassy spokeswoman Katya Thomas in Nairobi told the AP Friday.

But the congressmen are asking for more. They want the White House to be held accountable for its role.

“If violations of the law have occurred, which on the face of it they have, the information must be brought before law enforcement,” Smith said. “Not even presidents are above the law.”

Oh really?