In DC, perjury is not simply tolerated, it is rewarded. In a city of made men and women, nothing says loyalty quite as much as lying under oath.
Jonathan Turley writes: Former National Intelligence Director James Clapper is about celebrate one of the most important anniversaries of his life. March 13th will be the fifth anniversary of his commission of open perjury before the Senate Intelligence Committee. More importantly, it also happens to be when the statute of limitations runs out — closing any possibility of prosecution for Clapper. As the clock runs out on the Clapper prosecution, Democrats like Sen. Cory Booker (D-N.J.) have charged that Homeland Security Secretary Kirstjen Nielsen committed perjury when she insisted that she could not recall if President Donald Trump called Haiti and African countries a vulgar term. The fact is that perjury is not simply tolerated, it is rewarded, in Washington. In a city of made men and women, nothing says loyalty quite as much as lying under oath.
Even in a city with a notoriously fluid notion of truth, Clapper’s false testimony was a standout. Clapper appeared before the Senate to discuss surveillance programs in the midst of a controversy over warrantless surveillance of the American public. He was asked directly, “Does the NSA collect any type of data at all on millions, or hundreds of millions of Americans?” There was no ambiguity or confusion and Clapper responded, “No, sir. … Not wittingly.” That was a lie and Clapper knew it when he said it.
Later, Clapper said that his testimony was “the least untruthful” statement he could make. That would still make it a lie of course but Clapper is a made guy. While feigned shock and disgust, most Democratic leaders notably did not call for his prosecution. Soon Clapper was back testifying and former president Obama even put Clapper on a federal panel to review the very programs that he lied about in Congress. Clapper is now regularly appearing on cable shows which, for example, used Clapper’s word as proof that Trump was lying in saying that there was surveillance of Trump Tower carried out by President Barack Obama. CNN and other networks used Clapper’s assurance without ever mentioning that he previously lied about surveillance programs.
The expiration of the statute of limitations for Clapper will have the benefit of conclusively establishing that some people in this city are above the law. In a 2007 study, author P.J. Meitl found that “[a]lmost no one is prosecuted for lying to Congress.” Indeed, he found only six people convicted of perjury or related charges in relation to Congress, going back to the 1940s.
The problem is not that the perjury statute is never enforced. Rather it is enforced against people without allies in government. Thus, Roger Clemens was prosecuted for untrue statements before Congress. He was not given the option of giving the “least untruthful” answer. Read the rest of this entry »
Public order creates a virtuous circle that enables neighborhoods to flourish.
In the last week of 2017, it was announced that homicides in New York City were at a 60-year-low and that gun murders of officers nationally had dropped 33 percent, after rising 53 percent in 2016. Inveterate cop critics seized on the information to argue that there was no such thing as a war on cops, and that proactive policing was irrelevant to crime control, since pedestrian stops had dropped in New York City along with homicides. I responded in National Review Online that gentrification was likely now contributing to New York’s crime decline. Nationally, however, the rising civilian violence in 2015 and 2016 resulted from the prolonged rhetorical onslaught against the police since the 2014 fatal shooting of Michael Brown in Ferguson, Missouri. But now it is considered bigoted even to mention racial crime and victimization rates, or to suggest that demographic and economic change can affect a neighborhood’s crime picture.
Let’s look at the facts.
The fact that should concern us all, and that should be at the forefront of discussions of crime and policing, is that blacks die of homicide at six times the rate of whites and most Hispanics combined. That is a serious civil-rights issue, but to my knowledge, Black Lives Matter protesters have remained silent about it. Blacks disproportionately suffer from nonlethal violence as well. Last year in Chicago, 4,300 people were shot—one person every two hours. Those victims were overwhelmingly black. If one white Chicagoan had been shot every two hours, there would be a national uproar; it is unthinkable. But because the victims were black and not shot by the police, the national media are indifferent. (The Chicago police shot 25 people last year, most of them armed or dangerous, amounting to 0.6 percent of all shooting victims in the city.)
The shooting victims in Chicago last year included 24 children under the age of 12, among them a three-year-old boy mowed down on Father’s Day 2016 who is now paralyzed for life, and a ten-year-old boy shot in August whose pancreas, intestines, kidney, and spleen were torn apart. None of the two dozen children were shot by the police. When white children are shot or killed, an outcry ensues—see Newtown, Connecticut. When black children are shot or killed, the country largely looks away—though cops do not—unless the assailant is an officer. This year’s child shooting victims in Chicago include a four-year-old boy shot on the West Side in July while standing next to his mother, who was fatally shot in the head; another four-year-old boy and his six-year-old sister, shot in July while getting snow cones on the West Side; a ten-year-old boy fatally shot in the back while riding in an SUV with this stepfather; and two girls, seven and 13, shot in June on an elementary school playground during a picnic. In February 2017, 11-year-old Takiya Holmes was fatally shot in the head in Chicago by a 19-year-old marijuana dealer, who was blasting away at rival marijuana dealers. While the world knows the name of Michael Brown, the public at large remains ignorant of these young victims because they do not fit the Black Lives Matter narrative. Black Lives Matter activists have held no rallies on their behalf.
Who is killing and shooting black crime victims? Overwhelmingly, not whites, not the police, but, tragically, other blacks. The high black homicide-victimization rate is a function of the black homicide-commission rate. Blacks commit homicide nationally at seven times the rate of whites and most Hispanics, combined. Black males between the ages of 14 and 17 commit homicide at 10 times the rate of white and most Hispanic males between the ages of 14 and 17. Officer-involved shootings are not responsible for the black homicide-victimization rate, either. In fact, a greater percentage of white and Hispanic homicide victims are killed by a police officer than black homicide victims: in 2015, 12 percent of all whites and Hispanics who died of homicide were killed by a cop, compared with 4 percent of black homicide victims who were killed by a cop. Nor is white violence responsible for the black victimization rate. Blacks commit most interracial violence. Between 2012 and 2015, there were 631,830 violent interracial victimizations, excluding homicide, between blacks and whites, according to the Bureau of Justice Statistics. Blacks committed 85.5 percent of those violent victimizations, or 540,360 felonious assaults on whites, while whites committed 14.4 percent of those violent victimizations, or 91,470 felonious assaults on blacks.
These national disparities are repeated locally. In New York City, for example, blacks, 23 percent of the population, committed 71 percent of all gun violence in 2016; whites, who, at 34 percent of the population, are the city’s largest racial group, committed less than 2 percent of all shootings. These identifications are provided by the victims of, and witnesses to, those shootings, overwhelmingly minorities themselves. A black New Yorker is thus 50 times more likely to commit a shooting than a white New Yorker. In Chicago, blacks and whites are each a little under a third of the city’s population; blacks commit 80 percent of all shootings, whites, a little over 1 percent, making blacks in the Windy City 80 times more likely to commit a shooting than whites. In Oakland, blacks committed 83 percent of homicides, attempted homicides, robberies, assaults with firearms, and assaults with weapons other than firearms in 2013, even though they constitute only 28 percent of Oakland’s population. Read the rest of this entry »
Tyler McCarthy reports: Former “Last Comic Standing” winner Iliza Shlesinger is reportedly being sued after hosting a comedy show in Los Angeles that didn’t allow men to attend. Now, she’s facing rhetoric likening one man’s incident to the Civil Rights movement.
The Hollywood Reporter obtained legal documents in which a man named George St. George alleges he purchased two tickets to the comedian’s Nov. 13 show, titled “Girls Night In WIth Iliza — No Boys Allowed.” When he arrived to pick them up at will call, he was told that he would have to sit in the back of the theater because of his gender. He and a friend went to get food and, when they returned, were told that Shlesinger and the theater had decided that no men would be admitted to the show, and they were offered a refund for their ticket.
“Girls’ Night In is a hybrid stand up show and interactive discussion between Iliza and the women in the audience aimed at giving women a place to vent in a supportive, fun and inclusive environment,” the event’s description reads. “She invites women of all walks of life to come, laugh with her and at her and be ready to share and feel safe for an awesome night of comedy and love.” Read the rest of this entry »
Corporations could repatriate as much as $400 billion in earnings and cash from abroad.
Companies could bring back as much as $400 billion, according to one estimate, as they take advantage of a one-time cut for repatriation of earnings and cash held overseas written into the GOP tax overhaul. That typically requires them to sell foreign holdings and buy assets denominated in dollars, which could boost the U.S. currency.
Gauging the dollar’s trajectory is crucial to both investors and corporations. The currency’s climb over the past several years has been blamed for pressuring profits among U.S. multinational companies and making exporters’ goods less competitive abroad.
Its trajectory also influences prices for raw materials like oil, copper and gold, which are denominated in dollars and become more expensive to foreign investors when the dollar rises.
Many investors expected the dollar to strengthen in 2017, boosted by the Trump administration’s fiscal-stimulus and infrastructure-spending pledges. Instead, the currency as of Friday had fallen nearly 7% against its peers, as key White House initiatives stalled.
Project Cassandra leaders, who were working out of a DEA facility in Chantilly, Virginia, sought approval for some significant investigations, prosecutions, arrests and financial sanctions, Obama Justice and Treasury Department officials delayed, hindered or rejected their requests.
Alex Pappas reports: Attorney General Jeff Sessions is launching a review of a law enforcement initiative called Project Cassandra after an investigative report was published this week claiming the Obama administration gave a free pass to Hezbollah’s drug-trafficking and money-laundering operations to help ensure the Iran nuclear deal would stay on track.
The Justice Department said in a statement to Fox News that Sessions on Friday directed a review of prior Drug Enforcement Administration investigations “to evaluate allegations that certain matters were not properly prosecuted and to ensure all matters are appropriately handled.”
“While I am hopeful that there were no barriers constructed by the last administration to allowing DEA agents to fully bring all appropriate cases under Project Cassandra, this is a significant issue for the protection of Americans,” Sessions said in a written statement. “We will review these matters and give full support to investigations of violent drug trafficking organizations.”
According to a bombshell exposé in Politico on Sunday, an elaborate campaign led by the Drug Enforcement Administration, known as Project Cassandra, targeted the Lebanese militant group’s criminal activities.
“We will review these matters and give full support to investigations of violent drug trafficking organizations.”
– Attorney General Jeff Sessions
But when Project Cassandra leaders, who were working out of a DEA facility in Chantilly, Virginia, sought approval for some significant investigations, prosecutions, arrests and financial sanctions, Obama Justice and Treasury Department officials delayed, hindered or rejected their requests, according to Politico. Read the rest of this entry »
Congress Demands DOJ Turn Over All Docs Related to Obama Scheme to Nix Hezbollah Terror InvestigationPosted: December 22, 2017
Congress investigating former administration’s efforts to appease Iran.
The letter represents the first salvo in a new investigation by congressional leaders into allegations senior Obama administration officials thwarted a decade-long Drug Enforcement Agency investigation into Hezbollah’s illicit operations.
The Obama administration, in what congressional insiders described to the Free Beacon as a “potentially criminal” enterprise, interfered with the DEA’s investigation into Hezbollah drug activities in order to avoid angering the terror group’s chief patron Iran and preserve the landmark nuclear deal.
“I’ve long believed that the Obama administration could not have done any more to bend over backwards to appease the Iranian regime, yet news that the Obama administration killed the investigation into a billion dollar drug ring that lined the terrorist group Hezbollah’s pockets in order to save its coveted Iran deal may very well take the cake,” Rep. Ron DeSantis (R., Fla.) said.
“Hezbollah is a brutal terrorist group with American blood on its hands and it would be unconscionable for American policy to deliberately empower such a nefarious group,” he said.
Congressional leaders have begun a formal investigation into the matter and petitioned the DOJ to hand over “all documents and communications” that may shine light on “interference with the DEA’s law enforcement efforts against Hezbollah,” according to a letter sent by Reps. DeSantis and Jim Jordan (R., Ohio.).
“We have a responsibility to evaluate whether these allegations are true, and if so, did the administration undermine U.S. law enforcement and compromise U.S. national security,” the lawmakers wrote to Sessions, according to a copy of the letter obtained by the Free Beacon. Read the rest of this entry »
You can almost see his head explode.
Amber Athey MSNBC anchor Ali Velshi got absolutely destroyed during an interview Thursday with former FCC commissioner Robert McDowell about net neutrality.
Velshi got increasingly frustrated throughout the interview, even getting angry at his guest at one point for citing the laws that govern internet regulation.
McDowell kicked off the interview by explaining that net neutrality, which applies Title II of the Communications Act of 1934 to broadband internet networks, wasn’t created until February of 2015.
He responded to Velshi’s argument that repealing net neutrality might freeze out startups, reminding him that new tech companies like Facebook were created well before 2015.
“So, you have the Federal Trade Commission Act, for instance, you have the Clayton Act and the Sherman Act,” McDowell said. “Those are three very powerful federal statutes that kept the internet open and free prior to February of 2015.” Read the rest of this entry »
‘The Reasons for Chutkan’s Recusals Remain a Mystery’: Federal Judge Recuses Herself From A Second Fusion GPS CasePosted: December 15, 2017
Chuck Ross reports: A federal judge in Washington, D.C. has recused herself from a second case involving Trump dossier firm Fusion GPS.
Tanya S. Chutkan, an Obama appointee, recused herself on Monday from a case involving a dispute over subpoenas issued for Fusion GPS, the firm that commissioned the dossier.
Aleksej Gubarev, a Russian tech executive accused in the dossier of hacking Democrats’ computer systems, has sought to subpoena Fusion GPS records and to depose its employees to find out more about the research firm’s work on the dossier.
Gubarev is suing BuzzFeed for defamation for publishing the dossier earlier this year. He denies the allegations laid out in the document, which was written by former British spy Christopher Steele.
Chutkan recused herself last month from another case involving Fusion GPS. The firm had filed suit against its bank, TD Bank, to keep it from complying with a subpoena issued by the House Intelligence Committee, which sought Fusion’s bank records.
Chutkan presided over that case from Oct. 20 to Nov. 9. It was reassigned to Judge Richard Leon, a George W. Bush appointee. Since taking over the case, Leon has indicated that he plans to allow more transparency into the court proceedings involving the battle over Fusion’s bank records. He has ordered several documents be unsealed and made public.
Chutkan has presided over the case involving the lawsuit against BuzzFeed since Aug. 31. Her replacement is Trevor McFadden, a Trump appointee who assumed office in October.
The reasons for Chutkan’s recusals remain a mystery. Read the rest of this entry »
Dan Johnson, a Republican state lawmaker in Kentucky, killed himself Wednesday night. He was 57.
Bullitt County Coroner Dave Billings said Johnson died of a single gunshot wound on Greenwell Ford Road in Mount Washington, Kentucky. Billings said Johnson stopped his car at the end of a bridge in a secluded area, then got out and walked to the front of the car. He said an autopsy is scheduled for Thursday morning.
“I would say it is probably suicide,” he said.
Johnson was elected to the state legislature in 2016, part of a wave of Republican victories that gave the GOP control of the Kentucky House of Representatives for the first time in nearly 100 years. He won his election despite Republican leaders urging him to drop out of the race after local media reported on some of his Facebook posts comparing Barack and Michelle Obama to monkeys.
“Bullitt County Coroner Dave Billings said Johnson died of a single gunshot wound on Greenwell Ford Road in Mount Washington, Kentucky. Billings said Johnson stopped his car at the end of a bridge in a secluded area, then got out and walked to the front of the car … “
The pastor of Heart of Fire church in Louisville, Johnson sponsored a number of bills having to do with religious liberty and teaching the Bible in public schools. But he was mostly out of the spotlight until Monday, when the Kentucky Center for Investigative Reporting published an account from a woman saying Johnson sexually assaulted her in the basement of his home in 2013.
At the time, the woman told police about the incident, who investigated but closed the case and did not file charges.
On Tuesday, Johnson held a news conference in the pulpit of his church, which he began by leading friends and family in singing a portion of the Christmas carol “O Come All Ye Faithful.” He said the allegations against him were “totally false” and said they were part of a nationwide strategy of defeating conservative Republicans. Read the rest of this entry »
The research firm that put together a dossier filled with unsubstantiated claims about Donald Trump hired a top DOJ official’s wife to dig up dirt on Trump … (read more)
Fusion DoJ: It’s Getting Hard to Tell Where the Clinton Campaign Ends and the Federal Law Enforcement Apparatus BeginsPosted: December 14, 2017
James Freeman reports: Is animus toward President Donald Trump a prerequisite for landing a job with special counsel Robert Mueller ? Recent revelations in Washington also raise again the question of what former President Barack Obama knew about the decisions of his FBI Director James Comey to exonerate Hillary Clinton and investigate Mr. Trump in 2016.
The Wall Street Journal reports:
A top FBI agent and an FBI lawyer, who were involved in the investigation into Hillary Clinton’s email arrangement and the probe into Russian electoral meddling, exchanged texts disparaging then-candidate Donald Trump, including calling him an “idiot” and a “menace,” according to copies of the messages the Justice Department provided Congress.
Peter Strzok, 47 years old, was one of the highest-ranking agents at the Federal Bureau of Investigation. He was removed from his post with special counsel Robert Mueller’s investigation of Russian meddling this past summer after a Justice Department watchdog launched an inquiry into the texts.
The messages between Mr. Strzok and FBI lawyer Lisa Page include one in which Ms. Page tells him in August 2016: “Maybe you’re meant to stay where you are because you’re meant to protect the country from that menace.”
The New York Times reports on another 2016 text:
On July 27, Ms. Page wrote, “She just has to win now. I’m not going to lie, I got a flash of nervousness yesterday about Trump.” That text message was sent after the Clinton investigation had been closed. Days later, the F.B.I. began investigating possible coordination between Russian officials and the Trump campaign.
Recently the Journal’s Kim Strassel noted the stone wall against congressional oversight that has been constructed by Mr. Mueller, his Department of Justice colleagues, and Mr. Mueller’s deputies, many of whom have demonstrated their political opposition to the President.
Is there really no way to run a special counsel’s office or a federal law enforcement agency without appointing liberal political activists—or at least people with close ties to the President’s adversaries—to senior roles? Fox News reports:
A co-founder of the opposition research firm Fusion GPS acknowledged in a new court document that his company hired the wife of a senior Justice Department official to help investigate then-candidate Donald Trump last year.
[VIDEO] Dershowitz: I have Lost 7 Pounds Because Liberal Friends Stopped Inviting me to Dinner PartiesPosted: December 11, 2017
Where is the ACLU when you really need them?
Thomas Farnan reports: What do you call a system of government that cannot tolerate a transition of power without corrupt machinations by those unwilling to cede control? Banana Republic is a term that comes to mind.
The Special Counsel was appointed to determine whether Russia colluded with Trump to steal the election. Michael Flynn was indicted for a conversation he had with the Russian ambassador on December 28, 2016, seven weeks after the election.
That was the day after the outgoing president expelled 35 Russian diplomats—including gardeners and chauffeurs—for interfering in the election. Yes, that really happened.
The Obama administration had wiretapped Flynn’s conversation with the ambassador, hoping to find him saying something they could use to support their wild story about collusion.
The outrage, for some reason, is not that an outgoing administration was using wiretaps to listen in on a successor’s transition. It is that Flynn might have signaled to the Russians that the Trump administration would have a different approach to foreign policy.
How dare Trump presume to tell an armed nuclear state to stand down because everyone in Washington was in a state of psychological denial that he was elected?
Let’s establish one thing early here: It is okay for an incoming administration to communicate its foreign policy preferences during a transition even if they differ from the lame duck administration.
In 1980, President-elect Reagan’s transition was dominated by negotiations between outgoing President Jimmy Carter and the Iranians about the fate of 52 hostages that were being held in the Tehran. Read the rest of this entry »
Kelly Cohen reports: The House passed legislation Wednesday that would allow concealed carry permit holders from one state to legally carry their guns in other states.
Lawmakers passed the Concealed Carry Reciprocity Act, which also includes language aimed at improving the federal background check system more commonly known as NICS. The combined bill passed 231-198; six Democrats voted for it, and 14 Republicans voted against it.
The legislation is the first gun legislation to be passed by the House in the wake of major mass shootings in both Las Vegas and Texas. While Democrats argued the concealed carry legislation would only add to gun violence, House Judiciary Committee Chairman Rep. Bob Goodlatte, R-Va., said the legislation is the best way “not to infringe on the rights of law-abiding citizens, but to enforce the laws against criminals.”
“This bill is about the simple proposition that law-abiding Americans should be able to exercise their right to self defense, even when they cross out of their states’ borders,” he said last week. “That is their constitutional right.”
But Democrats angrily opposed the bill, and said it makes no sense to consider legislation easing rules for gun owners after so many tragic shootings around the country. Rep. Elizabeth Esty, D-Conn., whose district includes Newtown, where 20 children were shot to death in 2012, called the bill an “outrage.”
“This will should be called the Act to Carry Any Gun, Anywhere, Any Time, by Anyone,” she said. “The Concealed Carry Reciprocity bill is an outrage and an insult to the families in Newtown and to the hundreds of families who have lost loved ones to gun violence who are gathered here today, at the Capitol, for the fifth annual vigil on gun violence.” Read the rest of this entry »
Tucker’s Thoughts: Clinton aides Cheryl Mills and Huma Abedin both lied to the FBI in the Clinton email server case, but thy are not going to jail like Michael Flynn, who also lied. A partisan FBI is treating him differently. #Tucker
The Justice Department is in the process of handing over to the House Intelligence Committee the anti-Trump text messages that got a key FBI official removed from Robert Mueller’s Russia probe, Fox News has learned — a move that comes as the panel weighs a possible contempt resolution.
House Intelligence Committee Chairman Devin Nunes, R-Calif., had demanded the text messages between FBI counterintelligence agent Peter Strzok and Lisa Page, an FBI lawyer with whom Strzok was romantically involved. Both were part of Mueller’s Russia team at the time. Page has since returned to the FBI, and Strzok was reassigned to the FBI’s HR department after the discovery of the anti-Trump texts.
The existence of the texts first emerged publicly over the weekend. A source familiar with the discussion between the DOJ and House panel told Fox News on Tuesday that Nunes has been assured those messages will be turned over in the coming days.
The exact timeline is unclear, and only the relevant texts will be turned over.
Also unclear is whether this will satisfy committee Republicans who had been looking to move forward with a contempt resolution against top DOJ and FBI officials barring a breakthrough – after the agencies did not comply with a deadline to hand over long-sought information that goes well beyond text messages.
Nunes originally had given the agencies until “close of business” on Monday to “fully” comply with the panel’s demands. Otherwise, he threatened to move a contempt of Congress resolution against Deputy Attorney General Rod Rosenstein and FBI Director Christopher Wray.
Strzok is a focus of their efforts. House investigators have long regarded him as a key figure in the chain of events when the bureau, in 2016, received the infamous anti-Trump “dossier” and launched a counterintelligence investigation into Russian meddling in the election that ultimately came to encompass FISA surveillance of a Trump campaign associate.
Nunes has sought documents and witnesses from the DOJ and FBI to determine what role, if any, the dossier played in the move to direct the surveillance.
Strzok briefed the committee on Dec. 5, 2016, sources said. But within months of that session, House Intelligence Committee investigators were contacted by an informant suggesting that there was “documentary evidence” that Strzok was purportedly obstructing the House probe into the dossier. Read the rest of this entry »
Federal Officials File New Immigration, Gun Charges Against Illegal Immigrant Acquitted in Kate Steinle TrialPosted: December 6, 2017
Elizabeth Zwirz reports: Federal officials filed a new set of immigration and gun charges against Jose Ines Garcia Zarate, the illegal immigrant found not guilty last week in the murder of Kate Steinle.
“A federal grand jury indicted Jose Inez Garcia-Zarate today for being a felon in possession of a firearm and ammunition, and for being an illegally present alien in possession of a firearm and ammunition,” according to a statement released by the Department of Justice.
If convicted of either charge, he could face a maximum of ten years in jail.
Zarate was acquitted of first and second degree murder and involuntary manslaughter on Thursday. He also was found not guilty by assault with a semi-automatic weapon. However, he was found guilty of possession of a firearm by a felon.
Steinle was walking with her father and a family friend on a pier in San Francisco in July 2015 when she was fatally shot, collapsing into her father’s arms.
The illegal immigrant had been released from a San Francisco jail about three months before the shooting, despite a request by federal immigration authorities to detain him for deportation. Read the rest of this entry »
In a politically polarized America, gun control is destined to be obeyed primarily by its advocates.
J.D. Tuccille reports: Has it occurred to anybody that when restrictive laws are imposed, they’re likely to have the greatest impact on the people most willing to obey them?
The past week saw yet another invocation by the usual suspects of the supposed need for tighter gun controls. This time, we had a special emphasis from lawmakers on such “innovations” as banning people convicted of domestic abuse from owning firearms—which is to say, restrictions that are already on the books and have been in place for years, but which haven’t had the wished-for effect. Honestly, so many of gun-controllers’ preferred laws have been implemented that they can’t be expected to know that their dreams have already come true. But laws aren’t magic spells that ward off evil; they’re threats of consequences against violators, enforced by imperfect and often incompetent people, and noted or ignored by frequently resistant targets.
Gun controls then, like other restrictions and prohibitions, have their biggest effect on those who agree with them and on the unlucky few scofflaws caught by the powers-that-be, and are otherwise mostly honored in the breach. As a result, gun laws intended to reduce the availability of firearms are likely to leave those who most vigorously disagree with them disproportionately well-armed relative to the rest of society. That raises some interesting prospects in a country as politically polarized and factionalized as the United States.
That gun restrictions are widely disobeyed is a well-documented fact. I’ve written before that Connecticut’s recent “assault weapons” registration law achieved an underwhelming 15 percent compliance rate, and New York’s similar requirement resulted in 5 percent compliance. When California imposed restrictions on such weapons in 1990, at the end of the registration period “only about 7,000 weapons of an estimated 300,000 in private hands in the state have been registered,” The New York Times reported. When New Jersey went a step further that same year and banned the sale and possession of “assault weapons,” disobedience was so widespread that the Times concluded, “More than a year after New Jersey imposed the toughest assault-weapons law in the country, the law is proving difficult if not impossible to enforce.” That’s in states with comparatively strong public support for restrictions on gun ownership.
Across the Atlantic, despite varying but generally tight laws on gun ownership, “Contrary to widely-accepted national myths, public gun ownership is commonplace in most European states,” according to the Geneva-based Small Arms Survey. How can that be? “Public officials readily admit that unlicensed owners and unregistered guns greatly outnumber legal ones,” possibly because of “a pervasive culture of non-cooperation with public authorities” in many places.
Just a thought, but existing examples of defiance of gun laws in the United States might be an indication that “a pervasive culture of non-cooperation with public authorities” is exactly what we should expect in response to any future successes gun controllers might achieve legislation-wise. Read the rest of this entry »
Richard Pollock reports: More than 100,000 convicted felons or other “prohibited persons” tried to buy guns each year during President Barack Obama’s administration by lying on their applications, but the Justice Department only considered prosecuting about 30 to 40 people each year, according to a Daily Caller News Foundation investigation.
The Obama administration may have publicly aligned itself with anti-gun activists, but it consistently turned a blind eye to prosecute known criminals who tried to buy guns.
A June 2016 Justice Department Inspector General’s report revealed that between 2008 and 2015 the U.S. Attorneys office considered prosecuting “less than 32 people per year” for lying on form 4473, the federal application to buy guns.
Surprisingly, the Obama administration’s harshest critics are gun manufacturers themselves.
“People could do what is called, ‘lie and buy,’” explained Lawrence Keane, a senior vice president of the National Shooting Sports Foundation, a nonprofit organization that represents gun manufacturers.
“But very infrequently is anyone ever prosecuted. What’s the point of making it a crime if you don’t enforce it?” he asked in an interview with TheDCNF.
“It’s a long-standing problem. And it was certainly true over the last eight years where the Department of Justice did not prosecute people,” he complained.
Daniel D. Roberts, who in 2009 was named Assistant Director of the FBI’s Criminal Justice Information Services Division, confirmed that more than 100,000 criminals each year attempt to buy guns even though they have rap sheets.
“When I was there, it was running around 100,000 a year of firearm purchasers that tried to go through to buy guns. I think it’s more than 100,000 now,” he told TheDCNF in an interview. “That should trigger a referral to the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF) for investigation for lying on the forms.”
Two of every 10 gun denials referred to the ATF was sent to field offices for prosecution, a Justice Department report by the Bureau of Justice Statistics in 2013 and 2014 found. Eight of ten never faced prosecution, according to the report.
Roberts ran the FBI’s National Instant Criminal Background Check System (NICS) checks, that is the main tool the bureau uses to conduct background checks of potential buyers of guns. He left the bureau only last year.
Dave Workman, a senior editor of the Gunmag.com, a publication owned by the pro-gun rights Second Amendment Foundation, claims the Obama administration simply didn’t want to spend the money to prosecute people who lied on their form 4473.
“The Justice Department didn’t want to spend the money or interest or time to prosecute the key people who lied on their 4473,” he told TheDCNF in an interview. Read the rest of this entry »
Professor of Law at Columbia University Law School Philip Hamburger discusses the rise of the administrative state and what, if anything, can be done to reduce its power.
“The administrative state is the leading threat to civil liberties of our era,” says Philip Hamburger, the Maurice and Hilda Friedman Professor of Law at Columbia Law School and author of the recent books, Is Administrative Law Unlawful? (2015) and The Administrative Threat (2017).
“We have a system of government in which our laws are made by the folks that we elect, and these laws are enforced by judges and juries in the courts, but we have within that an administrative state, a state that acts really by mere command and not through law.” Hamburger argues that by reducing the role of elected officials to set policy, the administrative state, which has grown rapidly since World War II, disempowers blacks, women, and other minorities who have only recently gained full voting rights and political power.
Before he left the Trump administration, former White House Chief Strategist Steve Bannon famously vowed to “deconstruct” the administrative state—the collection of bureaucrats, agencies, and unelected rule-making bodies who decrees and diktats govern more and more of our lives. And many of the president’s picks at places such as the FCC, the FDA, the EPA, and the Department of Education seem to be doing just that: cutting regulations and policies that come not directly from Congress but from administrators who decide, say, that the FCC has the ability to regulate the internet as a public utility, and that so-called net neutrality is a good idea. Read the rest of this entry »
The FBI has opened an investigation into disgraced film producer Harvey Weinstein for alleged sex crimes, DailyMail.com has learned – on orders from Trump’s DoJ.
- The FBI has opened an investigation into Harvey Weinstein for alleged sex crimes, DailyMail.com has exclusively learned on Wednesday
- Three women, including Actress Asia Argento and Lucia Evans, have come forward and claimed the producer forced himself on them sexually
- The DOJ’s order is likely to be seen in a political light given Weinstein’s friendship with President Trump’s defeated rival Hillary Clinton
- Weinstein donated heavily to Clinton and although she said she was shocked and dismayed by his actions, she hasn’t returned any of his contributions
- The 65-year-old is said to be planning to depart for Europe in order to receive professional treatment and go to sex therapy in wake of the scandal
- His hasty international departure sparks fears of a Roman Polanski-style situation, where he dodges prosecution in the U.S
- Polanski has managed to avoid US officials since he plead guilty to having sex with a 13-year-old in 1978
Ryan Parry reports: The FBI has opened an investigation into Harvey Weinstein, DailyMail.com has exclusively learned.
DailyMail.com understands the move came at the behest of the Department of Justice, run by Donald Trump‘s Attorney General Jeff Sessions, which instructed the bureau to investigate the mounting allegations leveled at the movie mogul.
While it is unknown whether the DOJ order came directly from Sessions, the move is likely to be seen in a political light given Weinstein’s friendship with Trump foe Hillary Clinton.
The move by the DOJ came amid rumors that Weinstein plans to head to Europe for sex rehab – leading to fears of a Roman Polanski-style situation where he dodges prosecution in the U.S.
The FBI can both look at whether he has committed any federal crimes in the U.S. and prepare extradition proceedings if he remains in Europe.
The FBI has opened an investigation into disgraced film producer Harvey Weinstein for alleged sex crimes, DailyMail.com has exclusively learned
Among the allegations against Weinstein, which the FBI is expected to examine, is that he forced Lucia Evans, a student who wanted to be an actress, to perform oral sex on him in New York in 2004.
New York State has no statute of limitations on rape and criminal sexual acts – its legal term for forced oral or anal intercourse.
The move came at the behest of the Department of Justice, run by Donald Trump’s Attorney General Jeff Sessions. The move is likely to be seen in a political light given Weinstein’s friendship with Trump’s rival Hillary Clinton.
Hollywood powerhouse Weinstein has traveled the globe promoting his movies and the belief is that he could have committed sex crimes in several countries.
So far five accusers have given accounts of attacks in France, while allegations of attacks in London have also surfaced – any of which could lead to charges there.
The FBI has field offices in both countries and could assist prosecutors there with their cases.
A spokesperson for the FBI in New York said: ‘We do not confirm or deny the existence of ongoing investigations.’ Read the rest of this entry »
Justice Thomas appears in an exhibit that was installed Sunday, a Smithsonian spokeswoman said Monday. The display honors both of the black justices who ascended to the pinnacle of the legal profession. The other is Thurgood Marshall.
Justice Thomas’ apparent omission irked conservative observers, who suspected an ideological bias among Smithsonian officials and called for the influential jurist’s inclusion in the museum.
Ronald D. Rotunda, distinguished professor of jurisprudence at the Dale E. Fowler School of Law at Chapman University, said Justice Thomas deserves to be recognized for his contributions to constitutional jurisprudence, his record of public service and his inspirational life story.
“Like Thurgood Marshall, he has been a very influential justice, and like Thurgood Marshall, he has risen from humble beginnings,” Mr. Rotunda said. Read the rest of this entry »
It’s hard time for Anthony Weiner.
Kaja Whitehouse reports: The disgraced ex-congressman broke down crying as he was sentenced to 21 months in prison Monday for convincing a high school student to undress and touch herself via Skype in 2016.
“After the courtroom cleared, Weiner sat crying in his chair with his lawyers patting him on the back. His mom also sat crying on the bench behind him, sitting next to Weiner’s brother Jason and Weiner’s dad.”
“This was a serious crime. It’s a serious crime that deserves serious punishment,” Manhattan federal Judge Denise Cote said as the convicted sext fiend dropped his head into his hand and wept.
After the courtroom cleared, Weiner sat crying in his chair with his lawyers patting him on the back. His mom also sat crying on the bench behind him, sitting next to Weiner’s brother Jason and Weiner’s dad.
“He argued that his online dalliance with the 15-year-old was due to his sick obsession with sexting strangers and addiction — rather than an obsession with underage girls — and claimed he had hit “rock bottom” and is now in recovery.”
The serial sexter’s soon-to-be ex-wife, Huma Abedin, was nowhere to be seen.
In addition to his prison stint, Weiner was sentenced to pay a $10,000 fine for his crime, participate in sex offender outpatient treatment and spend three years on supervised release once his sentence is up.
He will have to surrender to his designated facility by Nov. 6 — his lawyer put in a request for Schuylkill Federal Correctional Facility in Pennsylvania, or another low-security prison near New York.
Weiner, 53, had faced as much as 10 years in the slammer after pleading guilty in May to one count of transferring obscene material to a minor. The feds said Weiner, a former congressman from Brooklyn, began a two-month sexting session with the North Carolina teen shortly after she messaged him on Twitter in January 2016.
He made a tearful last-minute plea for probation so he could continue his treatment, which includes sessions with Sex Addicts Anonymous. Read the rest of this entry »
A short list of very good, serious, totally factual reasons to be suspicious of the special counsel’s motives.
Special Counsel Robert Mueller’s got everyone convinced he’s such an upstanding public servant. In The Threat Matrix, Garrett Graff writes that “both political parties respect” Mueller as “a consummate law enforcement professional with a track record, forged in Vietnam, of grace under fire and getting organizations on track.”
Whatever. Don’t be fooled by Mueller’s Boy Scout act. As his critics point out, if America is never great again, it’ll be all Mueller’s fault. We have to admit, they’ve got some good points.
Here are 10 perfectly reasonable — not at all crazy or imaginary — reasons to hate him:
1. The guy’s a leaker.
Breitbart says so. Sure, Muller’s got a rep for rarely speaking in public or giving interviews. But behind the scenes he’s obviously spending day and night dishing dirt on Donald Trump and the president’s oh-so-honorable colleagues to any reporter who will listen. The deluge of daily stories disparaging President Trump, after all, began the day Mueller was appointed; before Mueller, Trump press coverage was constant sunshine and rainbows. Plus, it’s clearly to Mueller’s strategic advantage to have his investigative steps aired to the public in real time. Besides, who else would leak this kind of stuff? Only Mueller and his team have motive. The White House isn’t a factionalist den of vipers; the president’s legal team is a well-oiled machine that never leaks; defense lawyers are paragons of virtue. Don’t even get us started on tight-lipped congressional staff — those guys never talk. The only logical explanation here is information about the investigation is coming from Mueller.
2. Mueller is a highly political actor.
Thank God, Newt Gingrich has seen through Mueller’s act. He tweetedrecently that “Republicans are delusional if they think the special counsel is going to be fair. Look who he is hiring.check fec reports. Time to rethink.” It’s quite a rethink. Mueller is so political that he’s spent his entire career going back and forth between politicians. He worked in the first Bush administration as an assistant attorney general, then he was a prosecutor on murder cases in Washington, D.C. after running the Department of Justice’s Criminal Division, and then he flip-flopped back to be a U.S. attorney in the Clinton administration. Get this: he then goes on to run the FBI for both Presidents George W. Bush and Barack Obama (a bipartisan Congress even extended his term for two years at Obama’s request).
The guy is so political he can’t even decide which side he’s on.
3. Mueller is too thorough and taking too long.
This thing is seriously taking forever. Press Secretary Sarah Sanders spoke for all of us in saying that, “the president is frustrated by the continued witch hunt of the Russia investigation and he’d love for this to come to a full conclusion so that everyone can focus fully on the thing that he was elected to do.” You and me, both, friend. Could Mueller go any slower? It’s as if he’s a highly methodical actor systematically gathering strings on multiple broad areas simultaneously: Trump-Russia collusion, Trump Organization business dealings, misconduct in the Trump campaign, and obstruction of justice. He needs to hurry this thing along. Trump just wants to be cleared without the fuss of an investigation. Wouldn’t you? The president knows he is innocent and only wishes to spare us all the pain of this drawn-out ordeal. Of course, Trump recently told the New York Times that “I’m not under investigation. For what? I didn’t do anything wrong.” It’s completely reasonable of Trump to be frustrated that this investigation — which doesn’t exist — is taking so long and that Mueller is being so thorough about it. Read the rest of this entry »
Exoneration First, Investigation Later: Comey Under Fire Over Draft Clearing Clinton Written Before Interviewing Key WitnessesPosted: September 4, 2017
Below is my column in the Hill newspaper on the recent news about Comey drafting a statement declining to charge Hillary Clinton or her staff before key witnesses were interviewed or evidence reviewed. The question is why Comey pursued the investigation if he felt comfortable months in advance in drafting the statement. I do not share the President’s view that this draft shows a “rigged process,” though some FBI agents have objected to the drafting of the statement in this context. I take Comey at his word that he did not make up his mind until after all of the evidence was reviewed. However, the draft does show a markedly different approach to the investigation of the Clinton emails and the Special Counsel investigation of the Trump Administration.
Here is the column:
View original post 994 more words
Former Obama Aide Ben Rhodes Now a Person of Interest in House Intelligence Committee Unmasking InvestigationPosted: August 1, 2017
Sara A. Carter reports: Former Obama White House National Security Adviser Ben Rhodes is now an emerging as a person of interest in the House Intelligence Committee’s unmasking investigation, according to a letter sent Tuesday by the committee to the National Security Agency (NSA). This adds Rhodes to the growing list of top Obama government officials who may have improperly unmasked Americans in communications intercepted overseas by the NSA, Circa has confirmed.
The House Intelligence Committee Chairman Devin Nunes, R-CA, sent the letter to the National Security Agency requesting the number of unmaskings made by Rhodes from Jan. 1, 2016 to Jan. 20, 2017, according to congressional sources who spoke with Circa. Rhodes, who worked closely with former National Security Adviser Susan Rice and was a former deputy national security adviser for strategic communications for President Obama, became a focus of the committee during its review of classified information to assess whether laws were broken regarding NSA intercepted communications of President Trump, members of his administration and other Americans before and after the election, according to congressional officials. The committee is requesting that the NSA deliver the information on Rhodes by August, 21.
Former U.S. Ambassador to the United Nations Samantha Power, Rice and former CIA Director John Brennan have all been named in the House Intelligence Committee’s investigation into the unmasking of Americans. A letter sent last week from Nunes to Dan Coats, the director of National Intelligence, suggested that top Obama aides made hundreds of unmasking requests during the 2016 presidential elections. The story, which was first reported by The Hill last week, stated that the requests were made without specific justifications as to why the unmasking was necessary. Rice and Brennan have confirmed they sought the unredacted names of Americans in NSA-sourced intelligence reports but insisted their requests were routine parts of their work and had no nefarious intentions. Power also has legal authority to unmask officials, though the practice has not reportedly been common for someone in her position. Rhodes also had legal authority to unmask Americans in NSA-source intelligence reports. But intelligence and congressional sources question the extent of the unmasking.
Nunes told Coats in a letter last week that the committee has “found evidence that current and former government officials had easy access to U.S. person information and that it is possible that they used this information to achieve partisan political purposes, including the selective, anonymous leaking of such information.”
Multiple federal law enforcement and intelligence officials told Circa, that requesting an unmasking for intelligence and analytical purposes is something that is done only when the information is absolutely necessary to analyze a specific threat or for other national security purposes. An intelligence source, with direct knowledge of the type of requests made by the Obama aides, said “it’s like hell and high water to fill out and gain approval for these types of unmaskings. It’s something analysts take seriously and could entail filling out 80 pages of paperwork to prove there is a need to unmask. If top officials were unmasking without oversight it’s something everyone should be concerned about and it puts our intelligence community in a very bad place.” Read the rest of this entry »
Pompeo: China, not Russia, poses greatest long-term threat
Bill Gertz reports: The Central Intelligence Agency under President Trump is giving more authority to field operatives and cutting excessive bureaucracy in a bid to boost intelligence operations, CIA Director Mike Pompeo says.
In his first news interview since taking charge of the agency in January, Pompeo also said he believes America’s greatest long-term security challenge is the threat posed by China, not Russia. Excerpts of the interview can be found here.
During the wide-ranging interview on the sidelines of a security conference in Aspen, Colo., Pompeo revealed the CIA is preparing intelligence options for the president, including covert action, for use against North Korea in efforts to counter the threat of a future nuclear missile attack.
He also outlined how the CIA is stepping up counterintelligence programs against foreign spies and leaks of intelligence.
Other disclosures by the CIA chief included new details of North Korea’s drive to develop reliable strategic nuclear missiles and a renewed CIA focus on stealing foreign secrets.
“Look, our primary mission is foreign intelligence,” Pompeo told the Washington Free Beacon.
“That is at the core of what we do, and so the ability to go collect against the most difficult places, the most difficult targets in a way that is not one off, that is deep and robust and redundant, is something this agency is really good at when they are allowed to do it. And the president is going to go let us do it.”
Similar to the Pentagon shift in giving military commanders greater authority to act in the field, the CIA is unleashing its spying power—clandestine operations, intelligence analysis, and technical prowess.
The CIA chief said decentralizing spying authority presents both risks and promise.
“In nearly every one of those cases it increases the risk level,” he said. “It also greatly enhances the likelihood you’ll achieve the outcome you’re looking for.”
The shift followed an internal agency review earlier this year that identified several areas where the CIA needed new guidance, or CIA activities that are allowed under law but had been restricted under President Barack Obama’s administration, Pompeo said.
The CIA director said he meets regularly with Trump during intelligence briefings and noted that the president has been very supportive of agency reforms aimed at improving CIA operations.
A former Army officer who until January was a Republican member of the House, Pompeo said the two most immediate security threats are Islamic State terrorists fleeing the Middle East and North Korea’s aggressive effort to field long-range missiles with nuclear warheads that can strike the United States.
U.S. Faces Growing Threats From China, North Korea
Over the longer term, however, Pompeo singled out China as the most serious security challenge.
While China, Russia, and Iran all are expected to pose significant problems in the future, China is a greater threat because of its robust economy and growing military power—both aimed against the United States.
“I think China has the capacity to present the greatest rivalry to America of any of those over the medium and long term,” he said.
China’s military is building up forces that are aimed at countering U.S. power projection around the world, he said.
“So you see that, whether it’s going on in the South China or East China Sea, or the work they’re doing in other parts of the world,” Pompeo said. Read the rest of this entry »
Newly released footage shows the moment that police killed 27-year-old Antoquan T. Watson during a dramatic shootout. Watson had led police on a dangerous chase that ended with him leaving his vehicle and pointing a gun at responding officers. He was shot 45 times, and the officers were found not guilty of any wrongdoing.
The Framers and the Fourth: Criticism Of Independence Day Celebrations Ignores Our Collective HistoryPosted: July 5, 2017
Every Fourth of July, some celebrity will attract national attention by denouncing the holiday as a type of slaver’s celebration. This year was no exception. In past years, I have said nothing because these comments reflect understandable conflicted feelings by African Americans and others whose ancestors lived through decades of oppression and discrimination. However, it is time to put part of this criticism to rest . . . at least in part. There is a tendency to ignore those Framers who advocated emancipation at our founding and the recognition of the scourge of slavery that would forever taint our history.
View original post 811 more words
Czech Republic Votes To Put Gun Rights In Constitution.
‘In reaction to the recent increase of security threats’
The European Commission passed stricter gun laws in December in response to a growing terror threat. The Czech Republic was one of three countries to oppose the changes, and it is now about to make it legal for citizens to use firearms to protect the security of the country.
“This constitutional bill is in reaction to the recent increase of security threats, especially the danger of violent acts such as isolated terrorist attacks … active attackers or other violent hybrid threats,” a draft of the bill reads.
Free Speech Wins (Again) at the Supreme Court
David French writes:
… Given existing First Amendment jurisprudence, there would have been a constitutional earthquake if SCOTUS hadn’t ruled for Tam. The Court has long held that the Constitution protects all but the narrowest categories of speech. Yet time and again, governments (including colleges) have tried to regulate “offensive” speech. Time and again, SCOTUS has defended free expression. Today was no exception. Writing for a unanimous Court, Justice Alito noted that the Patent and Trademark Office was essentially arguing that “the Government has an interest in preventing speech expressing ideas that offend.” His response was decisive:
[A]s we have explained, that idea strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express “the thought that we hate.”
Quick, someone alert the snowflakes shouting down speeches on campus or rushing stages in New York. There is no constitutional exception for so-called “hate speech.”
Indeed, governments are under an obligation to protect controversial expression. Every justice agrees. The ruling is worth celebrating, but when law and culture diverge, culture tends to win. The law protects free speech as strongly as it ever has. The culture, however … (read more)
Source: National Review
In two First Amendment rulings released this week, the justices argue they’re saving would-be censors from themselves.
Matt Ford reports: The U.S. Supreme Court handed down two notable victories for free-speech advocates on Monday as it nears the end of its current term. The two First Amendment cases came to the Court from starkly different circumstances, but the justices emphasized a similar theme in both rulings: Beware what the free-speech restrictions of today could be used to justify tomorrow.
In the first case, Matal v. Tam, the Court sided with an Asian-American rock band in Oregon named The Slants in a dispute with the U.S. Patent and Trademark Office. The PTO had denied band member Simon Tam’s application to register the group’s name as a trademark, citing a provision in federal law that prohibits the office from recognizing those that “disparage” or “bring … into contempt or disrepute” any “persons, living or dead.” Read the rest of this entry »