Who Gets To Vote For President

Only American citizens can vote for President according to No, 18 USC 611[1], passed in 1996, which prevents aliens from voting in federal ( though not necessarily state) elections. This presents a problem for states and municipalities that are allowing non-citizens to vote in local elections. How do you set up your voting rolls to separate those qualified to vote in local elections from those qualified to vote in federal elections? That is the problem that California is now facing.

One America News posted the following video on May 28:

California is facing a new lawsuit over errors in its voter registration system. One America’s Pearson Sharp spoke with Mark Meuser, an election attorney, who said the secretary of state is violating federal law by opening the door for non-citizens to vote.

When America was founded, only property owners were allowed to vote because they were considered to be people who had a stake in the outcome of the election. Men only were allowed to vote because they were considered to represent their households. While I am glad those rules have changed, there was some logic to them. Intact families provide a stable foundation for our communities. People in families tend to be responsible and in the habit of thinking about others. I am not sure that I could say that about all of today’s voters.

 

Child Abuse In Our Schools

Ed Morrissey at Hot Air posted an article today about a lawsuit filed by some parents against an Oregon school district. The case began with an 8-year-old boy with a stomach issue and ends with that child being encouraged to be a girl.

The article reports:

Parents in Woodburn said their 8-year-old son was held back from recess multiple times for one-on-one conversations about his gender identity – and they had no idea.

The mother and father in Woodburn are now suing a school district for nearly a million dollars after they say a second-grade teacher singled out their son by asking him if he was transgender. The parents say the teacher had inappropriate conversations with the child at school without their permission. …

The parents say this all started when their son started using the staff restroom because of a stomach problem. They say their son was uncomfortable using the boy’s bathroom because of his medical condition. However, they believe the teacher assumed their son was uncomfortable because he was transgender.

“Still today, a year later, if he plays with my niece, he’s a girl in that moment… if he plays with my nephew, he’s a boy,” said the mother.

The mother says her son was left confused and hurt after being singled out. Now, a year later, the 9-year-old is taking anxiety medication and going to therapy, according to his parents. The family says the boy’s confusion and emotional distress has also affected the entire family. The father says he’s suffering from panic attacks and the mother says she’s now on medical leave, suffering from anxiety and depression, and staying home from work.

It is entirely possible that the panic attacks and anxiety on the part of the parents might be something of an overreaction, but their complaint is certainly valid.

The article notes:

There’s video at the link, but it’s not embeddable here. Bear in mind that this wasn’t a teenager, which might be bad enough, but an eight year old with a stomach problem. Even granting the best of possible intentions, why wouldn’t the first step in dealing with suspicions of gender dysphoria be to contact the child’s parents? It’s not as if the parents in this case are social neanderthals, at least from the perspective of Academia. They tell reporter Bonnie Silkman in the video that they aren’t concerned about what identity he chooses as long as he chooses it, and not get indoctrinated into it by an activist teacher.

The article concludes:

The most impressively loco part of this story is that the teacher still works at the school — a full year after the school confirmed the parents’ story. The only correction the teacher received was to be reminded of the district’s policies on “controversial issues” and to notify parents and the school when she “alters a student’s regular school day.” Meanwhile, this family will be dealing with the aftershocks of her actions for years.

The school district declined to comment on the story because of the lawsuit, but they might owe an explanation to the other parents in the district, especially to those whose children are within this teacher’s supervision. How many other children has she attempted to indoctrinate into transgender identities? And how many of the parents in this school district — and elsewhere — might start considering private schools or home-schooling to protect their children from predatory behavior?

If I had children in that school district, this article would cause me to consider seriously the option of home-schooling.

Better Late Than Never

Yesterday The Hill reported that the Justice Department has announced that it has found the Affordable Care Act unconstitutional.

The article reports:

The DOJ previously argued in court that the law’s pre-existing condition protections should be struck down. Now, the administration argues the entire law should be invalidated.

U.S. District Judge Reed O’Connor ruled in December that the Affordable Care Act’s individual mandate is unconstitutional and that the rest of law is therefore invalid.

The DOJ said Monday that it agrees the decision should stand as the case works its way through the appeals process in the U.S. Court of Appeals for the 5th Circuit.

“The Department of Justice has determined that the district court’s judgment should be affirmed,” the department said in a short letter to the appeals court.

The article concludes:

Many legal experts in both parties think the lawsuit, which was brought by 20 GOP-led states, will not ultimately succeed. The district judge who ruled against the law in December is known as a staunch conservative.

The case centers on the argument that since Congress repealed the tax penalty in the law’s mandate for everyone to have insurance in 2017, the mandate can no longer be ruled constitutional under Congress’s power to tax. The challengers then argue that all of ObamaCare should be invalidated because the mandate is unconstitutional.

Most legal experts say legal precedent shows that even if the mandate is ruled unconstitutional, the rest of ObamaCare should remain unharmed, as that is what Congress voted to do in the 2017 tax law that repealed the mandate’s penalty.

This is another example of the consequences of Congressional inaction. First of all, the government has no business in healthcare or health insurance. It the government wants to make a few minor rules to make sure people can obtain healthcare, that is fine, but other than that, we need to go back to free market healthcare. Our current policies have made insurance more expensive than it should be and care more expensive than it should be. We need to go back to the days of knowing how much things cost and being able to shop around for our care.

This Could Get Very Ugly

There are a lot of questions about how the Jeffrey Epstein trial and sentencing was handled in Florida. A lot of evidence has remained secret, and a lot of circumstantial evidence seems to require a much harsher sentence than was given. The Miami Herald has followed this story and done a lot of investigative reporting on the case.

Yesterday The Miami Herald posted an article about the latest twist in the Jeffrey Epstein case.

The article reports:

Two mysterious parties, labeling themselves Jane Doe and John Doe, have filed separate legal briefs in an attempt to limit the public release of personal information that could connect them to an underage sex trafficking operation allegedly run by New York financier Jeffrey Epstein and his partner, Ghislaine Maxwell.

Jane Doe, represented by Kerrie Campbell, a Washington-based gender equality lawyer, appears to be a victim who wants to remain unidentified, but indicated she is amicable to the release of some information — as long as it doesn’t identify her, court documents filed this week show.

The other party, John Doe, submitted a brief in support of Maxwell, who continues to mount a last-ditch legal campaign to keep court records that allegedly contain details of their sex exploits involving young girls — and other third party people who may be involved — under seal.

It’s not clear whether the latest challenges will delay release of the documents, said Sanford Bohrer, attorney for the Miami Herald, which filed an action to unseal the files last year as part of its investigation into Epstein called “Perversion of Justice.’’

The article concludes:

Epstein, who was not party to the lawsuit, has denied he ever ran a sex trafficking operation. In 2005, he came under investigation by Palm Beach police, accused of molesting three dozen underage girls by luring them to his mansion under the guise of paying them for massages.

Eventually, under a secret plea deal negotiated by then-Miami U.S. Attorney Alexander Acosta, Epstein pleaded guilty to two prostitution charges in state court and served 13 months in the county jail, where he enjoyed liberal work release privileges despite that being prohibited for sex offenders.

In November, the Miami Herald published a series of articles that deconstructed how Epstein and his lawyers manipulated the criminal justice system, working secretly with federal prosecutors to conceal and minimize his crimes. The handling of the case is now under investigation by the Department of Justice.

On March 4, some of Epstein’s lawyers wrote an op-ed letter to The New York Times denying that Epstein ran a sex trafficking ring and contending that the number of women involved in his criminal case was “vastly exaggerated.’’

Acosta, who is now President Trump’s secretary of labor, has come under pressure by some in Congress to resign his post, but the president on Tuesday expressed his support.

This is a story to keep an eye on. There are a lot of people involved in the Epstein story who would very much like to keep their names secret. We know a lot of their names because some of the flight logs of the plane to “Lolita Island” have been released. If more of the records regarding the Epstein trial are made public, there are a number of public figures who will have a lot of explaining to do.

This Is How We Change Our Schools

The following is a March 19th Press Release from Americans for Peace &Tolerance, a Boston-based 501(c)(3) non-profit organization dedicated to promoting peaceful coexistence in an ethnically diverse America by educating the American public about radical ideologies that undermine the academic integrity at American High Schools and Universities:

NEWTON RESIDENTS SUE CITY’S SCHOOL COMMITTEE, SUPERINTENDENT OF SCHOOLS, PRINCIPALS AND TEACHERS FOR DISCRIMINATION AGAINST JEWS AND ISRAELIS
 
Ideological/Political Curriculum Teaches Propaganda Instead of Facts

 
NEWTON, MASSACHUSETTS. On March 12, 2019, Newton taxpayers filed a lawsuit in Middlesex Superior Court against the Newton School Committee, Superintendent of Schools David Fleishman, the principals of the Newton high schools, and certain high school history teachers. Plaintiffs are asking for a court order that would compel Newton school officials to stop indoctrinating students with anti-Semitism, bigotry against Israel, and Islamist religious dogma as part of the high school history curriculum. This suit was made necessary because the embattled school administration is shielding its teachers from scrutiny and refusing to supervise what is being taught in its classrooms. The taxpayers claim that Newton Public Schools (NPS) has deliberately failed and refused to comply with the Equal Rights Amendment of the Massachusetts Constitution, with the Massachusetts Student Anti-Discrimination Act, and with civil rights regulations that require schools, through their curricula, to encourage respect for the human and civil rights of all individuals regardless of race, identity, religion, color, sex, and national origin.
 
The extensively documented 469 page legal complaint, available here, details the lengthy history of Newton residents’ efforts to have NPS address and correct the factually flawed teaching. Plaintiffs and their attorney were provided with an enormous volume of factual documentation by Americans for Peace and Tolerance (APT) Executive Director Ilya Feoktistov, whose investigations over the past several months formed the basis of this action. 
 
“In looking for the sources of the anti-Semitic and anti-Israel bigotry in the Newton curriculum, we discovered a few bad apple teachers who view their teaching positions as giving them license to promote their personal political agendas,” said Mr. Feoktistov. “We are also looking closely at a common pattern with these politicized teachers — most, if not all, have taken professional development courses developed with foreign funding by the governments of Qatar and Saudi Arabia.”
 
“Newton history teachers and school administrators must think either that anti-discrimination laws do not apply to them, or that these laws do not protect their Jewish and Israeli students,” said the President of APT, Charles Jacobs. “There is no academic freedom to brainwash students with fake history and pro-Arab or anti-Semitic propaganda that is, these days, alarmingly too common on the left in America.”
 
Evidence described in the complaint shows how Newton teachers teach that Jews and Christians deliberately forged their holy texts to contradict the Muslim Qur’an; that Zionism has “little connection” to Jewish history in “Palestine;” that the Jews took advantage of the Holocaust to gain sympathy for Zionism at the expense of “Arab plight;” and that the Israelis treat the Palestinians like the Nazis treated the Jews. After being taught all this, students are asked to debate whether there should be a one- or two-state solution to the Arab-Israeli conflict. 
 
Karen Hurvitz, attorney for the taxpayers, stated that her clients are not asking for money damages, even though defendants have certainly caused years of incalculable damage by their insistence on teaching impressionable students materials that slander Israel and Jews. “This is the type of teaching that leads to anti-Semitism — and it has. The taxpayers here are merely asking NPS to perform their duties and obey the law, which requires that their curriculum encourage respect for all people. Education should be based on fact, not on stereotypes and propaganda.”

This is how you handle educational indoctrination.

Exactly Who Is Responsible?

Yesterday The National Review posted an article about the lawsuit suing Remington for the shooting deaths at Sandy Hook Elementary School in Connecticut.

I love the first line of the article:

Rule No. 1 of tort law: The bad guy is the one with the most money to pay you.

Unfortunately that (and politics) seem to be what is driving this lawsuit.

The article notes:

On December 14, 2012, Adam Lanza murdered 26 people, 20 of them schoolchildren ages six and seven.

Lanza killed himself, too. Can’t sue him.

Lanza had a history of mental illness — a long one. He’d been treated under the New Hampshire “Birth to Three” program and later by the Yale Child Study Center. But it would be hard to make a case against those institutions, which enjoy a great deal more sympathy than gun manufacturers do. The schools couldn’t handle Lanza, either, and he was left to the care of his mother, Nancy, who seems to have been a bit of an oddball herself and an enabler. But he murdered her, too, so she’s not around to sue.

…The lawsuit against Remington alleges that the company’s marketing practices contributed to the Sandy Hook massacre. “Remington may never have known Adam Lanza, but they had been courting him for years,” a lawyer for the plaintiffs said. But it is not clear that Remington courted Lanza at all — and it is quite clear that the company never courted him successfully, inasmuch as he stole the Bushmaster rifle he used in the crimes from his mother, whom he murdered. Connecticut has a law against “unfair trade practices,” which is a very odd way of looking at a mass murder.

The article concludes with some specific comments on the opinion of the state supreme court:

This is another way of saying that Remington’s owners are being sued for failing to concur with the substantive political views of gun-control advocates, i.e. that the weapon in question is “ill-suited for legitimate civilian purposes such as self-defense or recreation,” a claim that, it is worth noting, is false on its face inasmuch as semiautomatic rifles are proven instruments of self-defense and by far the most popular recreational firearms in the United States.

The use of commercial litigation and regulatory law to achieve progressive political goals is by now familiar: If an oil company opposes global-warming initiatives, that isn’t politics but “securities fraud,” as far as Democrats are concerned; if conservative activists want to show a film critical of Hillary Rodham Clinton in the lead-up to a presidential election, that isn’t politics but a “campaign-finance violation,” as far as Democrats are concerned.

Our legal system has become politicized. Hopefully there is no way this decision will stand.

If The Price Becomes Too High, Will It Stop?

The mainstream media has not really paid a price for its irresponsible reporting. The story that came out last weekend about President Trump asking Michael Cohen to lie was proven false, yet no penalty was paid. There were no read consequences–people who saw President Trump as evil incarnate continued to do so and people who distrusted the media continued to do so. The story about the Covington high school boys is a little different. False reporting has resulted in death threats, the school being closed for security reasons, and other serious matters. So what should be the consequences of spreading the lies and piling on?

The American Thinker posted an article today that provides a clue to some of the possible fallout from the false reporting.

The article reports:

The ongoing campaign of hate against children from Kentucky guilty of being Catholic, being (mostly) white, and wearing MAGA caps will not end until there are legal consequences.  Fortunately, the wheels of justice already are turning in Kentucky, albeit at a pace that is frustrating to those who operate at internet speed.  But the prospect of Kentuckian jurors judging those who libel or threaten their children is delightful.  There are two separate avenues available, and both are being explored by people ready and willing to act.

The more serious path to legal relief was articulated by Kenton County (which contains Covington) prosecutor Rob Sanders.

The Gateway Pundit reported yesterday:

Rob Sanders, a Kenton County Prosecutor, confirmed Tuesday that there are multiple investigations into Twitter users who made terroristic threats against Covington Catholic High School.

“We’ve got multiple ongoing investigations into numerous, numerous threats,” Mr. Sanders said Tuesday in a podcast interview with 700 WLW. “There’s probably a dozen law enforcement agencies, if not more involved in this — it’s growing, it’s spreading, there are other jurisdictions now involved in this,” Sanders added.

700 WLW radio host Willie Cunningham brought up the death threats towards the Covington teens made by bluecheck verified accounts on Twitter and asked Mr. Sanders about Kentucky law.

…“What is the Kentucky law about making threats to Covington Catholic specifically? Is there a law against it?” Willie asked Rob Sanders.

“There is. It’s called ‘terroristic threatening’ in Kentucky and it is a felony offense punishable by 1 to 5 years in prison to make a threat of violence to an educational institution, so everyone who makes a specific threat.”

Mr. Sanders made sure to clarify that saying “nasty things” about the Covington kids is not the same thing as making an “actual threat of violence” against Cov Cath or any other school in Kentucky that’s punishable by 1 to 5 years in prison. The punishment can go up to 5 to 10 years if they talk about using a weapon of mass destruction.

The American Thinker article continues:

The other avenue for legal redress is libel suits.  Robert Barnes, who reads, tweets about, and occasionally writes for these pages, has stepped up with an offer of free legal representation for libel lawsuits on behalf of the children and already apparently is representing some of them.  He has been warning prominent people – such as Rep. Ilhan Omar and New York Times writer Maggie Haberman – to repudiate and apologize for their libels or face a lawsuit.

I do hope these lawsuits are brought in Kentucky.  It is a state often dumped on as backward, full of hillbillies and moonshiners.  It is also a place with a distinctive local culture and much well deserved pride in is world pre-eminence in thoroughbred horse-breeding and bourbon.  I suspect that Kentucky jurors would not take kindly to threats and libels aimed at the children of their state.

I hope that reporting fake news stories that result in cyber bullying becomes outrageously expensive. Maybe that way it will end.

Legislating Against The Middle Class

Everyone loves vacations–the adventure of spending a few days in a different place and relaxing. However, vacations are not cheap. Travel can be expensive, and hotels are expensive. Several alternatives to hotels have appeared in recent years to make vacations more affordable and to give Americans a way to supplement their income–companies like Airbnb provide cheaper lodging at popular destinations and allow people to earn extra income by renting out their houses on a short-term basis. Needless to say, hotels are not happy about the existence of a cheaper alternative. In Massachusetts, the hotel lobby has been successful in creating regulations that will greatly limit the availability of Airbnb lodging.

On December 30, Hot Air posted an article about a law recently passed in Massachusetts that will probably end Airbnb in that state.

The article reports:

Baker (Governor Charlie Baker) is touting this as a compromise which he claims is able to, “avoid placing undue burdens on occasional renters.” This is nonsense, of course, because in order to qualify for the exemptions to most (though not all) of these new burdens on hosts, you can only rent out your room for a maximum of fourteen nights per year. For most hosts, that’s not going to be worth the bother of signing up for the app in the first place.

The article lists the new requirements for people who want to rent their property on a short-term basis:

And what are these burdens? First of all, anyone with a spare room will now have to carry the same type of insurance as a hotel chain, basically wiping out any profit they might make. On top of that, they’ll be paying a 5.7 percent state tax, plus another 6% tax if municipal or county governments decide to impose one.

Further, hosts will be legally required to list themselves on a publicly available registry. Proponents claim this allows neighbors to know who is renting out rooms to “strangers” but it’s obviously intended as an intimidation tactic, opening up hosts to public shaming, abuse or worse.

The bottom line here is that the hotel industry and their lobbyists have won a massive victory. They don’t like private citizens cutting into their business so they’ve greased the palms of enough politicians to essentially shut Airbnb down in the state. As the New York Times reported more than a year ago, leaked documents from the American Hotel and Lodging Association (AHLA) revealed, “a multipronged, national campaign approach at the local, state and federal level.” The goal of that campaign was to enlist elected Democrats to pass laws which would choke the life out of Airbnb and protect their profits. They specifically mentioned Boston as one of their key target markets, and now they have succeeded in bribing the state government to shut Airbnb down.

The article concludes:

It’s true that some people have begun “abusing” the system by purchasing large amounts of property and renting it out like a hotel using the app service. Perhaps a law like this might have been more palatable if it were applied only to people with more than ten rental units or something along those lines. But for all the private individuals with an extra room or a guest house who were using the system as originally intended and making a little extra money, this basically shuts them out of the game.

Airbnb already has one lawsuit in progress against Boston for similar municipal laws they passed earlier. Now they’re saying a new suit against the state may be coming. But if they find no satisfaction through the courts we’re probably seeing the beginning of the death of the gig economy along with the chance for private citizens to profit from their own homes or apartments.

I hope Airbnb wins their lawsuit. They are essentially the Uber of the hotel industry and are going to have to fight many of the battles against lobbyists that Uber had to fight.

Do College Organizations Have The Right To Place Requirements On Their Leaders?

Last month Christian Headlines posted an article about a recent lawsuit against the University of Colorado at Colorado Springs. The University has demanded that a Christian group must be willing to allow non-Christians and atheists to lead their Bible studies in order to be recognized on campus.

The article reports:

While the school officials declined to comment on the situation, the Alliance Defending Freedom stated that: “The university refused to grant Ratio Christi registered status because it only allows those who share and personally hold beliefs consistent with the group’s mission to serve as its leaders.” 

“As a Christian apologetics organization, Ratio Christi seeks to defend the Christian faith and explain how the Bible applies to various current cultural, ethical, and political issues. Any student can attend its events. Any student of any faith can become a member of Ratio Christi, as long as he supports the group’s purpose. But Ratio Christi requires that those who lead the Christian organization must share its religious beliefs. As a result, the university has denied it registered status, limiting its access to funding, meeting and event space, and administrative support,” said the legal team.

The lawsuit disputes the school’s belief that it can refuse registered status to groups if they choose leaders that agree with the group’s religious outlooks.

Additionally, it notes other biased actions by the school against the Christian group, including that “non-religious groups are allowed to select members who support their purposes. And the university allows fraternities that admit only men and sororities that admit only women to continue as registered student organizations, in contradiction to the university’s policy against ‘discriminating based on sex.’”

Would you allow a member of the Ku Klux Klan to lead a class at the NAACP? Refusing to recognize this group because it requires that leaders support the beliefs of the group is discrimination. I hope the university loses the lawsuit.

Voter Fraud In Florida

Below is an affidavit regarding the current ballot count in Broward County.

11 03 2016 Chelsey Smith SO… by on Scribd

The affidavit is posted at various places on the intehe rnet. The Gateway Pundit is one of those places.

The Gateway Pundit reports:

Former Florida Lieutenant Governor Jeff Kottkamp tweeted that there is an affidavit from a Florida campaign worker who states that he/she saw Broward County Elections staff filling out blank ballots!

In a previous article, The Gateway Pundit reported:

Matt Caldwell has followed Gov. Rick Scott’s lead in filing a lawsuit Friday against the Broward County Supervisor of Elections in one of the state’s closest races.

The campaign of the Republican candidate for agricultural commissioner sent a news release Friday afternoon announcing that his attorneys filed a lawsuit in the 17th judicial circuit “asking the court to protect the integrity of all ballots and all public records relating to the election for Commissioner of Agriculture.”

Caldwell thought he had edged out a victory in the agricultural commissioner race Tuesday night when he had about a 40,000 vote lead over Democratic candidate Nikki Fried.

But the latest vote count shows Caldwell losing by 3,120 votes to Fried. The difference between the candidates is .04 percent, signaling an automatic recount, and a likely manual recount.

This whole thing should be shut down immediately and those involved arrested and put in jail.  This impacts the entire nation, not just the crooks running Broward County elections.

The election results from Broward County need to be declared invalid. They should not be counted in any Florida race. If anyone complains about their vote not being counted, they should be reminded to choose honest election officials if they want their vote counted. The other solution is to fire everyone involved, charge them with voter fraud, appoint honest people to count the votes, and hold another election.

When Is The Playing Field Actually Level?

Channel 8 in Cleveland reported yesterday that President Trump is planning to rescind the Obama administration policy of considering race in college admissions,

The article reports:

The shift would give schools and universities the federal government’s blessing to take a race-neutral approach to the students they consider for admission.

A formal announcement was expected later Tuesday from the Justice and Education departments, according to the official who spoke on condition of anonymity because the plan had not yet been disclosed.

The guidance from the Obama administration gave schools a framework for “considering race to further the compelling interests in achieving diversity and avoiding racial isolation.” That approach replaced Bush-era policy from a decade earlier.

The new guidance will not have the force of law, but schools will presumably be able to defend themselves from lawsuits by following administration policy.

Yesterday a video was posted on YouTube of an Indian student Tucker Carlson interviewed who claimed to be black in order to get into medical school. The student explains the problems with acceptance to schools based on race.

Here is the interview:

Making decisions on race is racism, regardless of who benefits. The idea that someone with lower grades or test scoress would be admitted to medical school simply because of their color may be well-intentioned, but it is wrong. The answer to past racial discrimination is not present discrimination, it is treating everyone equally. Until we learn to hire people, admit people to college, and treat all people equally, we will not have racial harmony. More discrimination is not the answer to past wrongs.

It Is Going To Be An Interesting Summer

Last Friday, the following was filed in District Of Columbia District Court:

Before you get too excited about this, Judge Paul L. Friedman was appointed by President Bill Clinton.

The Daily Caller posted an article about the lawsuit today.

The article reports:

Among the many charges that appear in the at times almost incoherent filing is the charge that a criminal syndicate involving the Clintons, David Brock, Donna Brazile, and George Soros murdered Seth Rich.

Byrne is reportedly seeking damages of $1 billion, and refused to provide an address because he feared assassination.

Byrne threatened to file suit against several of the defendants in 2016 following the release of his tell-all book, “Crisis of Character.”

Media Matters and David Brock had referred to Byrne at the time as a “smear merchant,” and he responded during an interview with Breitbart’s Alex Marlow, “Everything in the book is true. I want to set the record straight. And since I can’t get on mainstream media to set the record straight, I’m going to have to do it in court.”

As much as I would love to see this lawsuit be decided in an unbiased manner, I am not optimistic. This is, essentially, a lawsuit against the ‘deep state.’ RICO charges are appropriate, but I can’t imagine the judge being unbiased (because he is a Clinton-appointee). At any rate, it will be interesting to see what happens next.

Doing The Job The Media Has Forgotten How To Do

On Thursday, Judicial Watch posted the following:

Judicial Watch Fights State Department for Full Accounting of Clinton-Related Emails on Anthony Weiner’s Laptop

State claims only 3,000 of the ‘hundreds of thousands’ of emails were agency records – but has not released information on how they reviewed them or how they made that determination

 

(Washington, DC) – Judicial Watch announced today that it is fighting the State Department for a full production of records responsive to a Freedom of Information Act (FOIA) lawsuit for the emails found by the FBI on Anthony Weiner’s laptop. According to then-FBI Director James Comey, Weiner’s laptop contained “hundreds of thousands” of emails of former Secretary Clinton.

Weiner is an ex-Congressman and the incarcerated husband of former Clinton top aide Huma Abedin. He was convicted of having sexually explicit communications with teenage girls. In October 2016, FBI investigators from its New York field office discovered Abedin’s emails on Weiner’s laptop, including data indicating the emails went through Clinton’s “private” non-“state.gov” email system.

The court filing comes in May 2015 lawsuit Judicial Watch filed against the State Department (Judicial Watch, Inc. v. U.S. Department of State (No. 1:15-cv-00684)). Judicial Watch sued after the State Department failed to respond to a March 2015 FOIA request seeking:

  • All emails of official State Department business received or sent by former Deputy Chief of Staff Huma Abedin from January 1, 2009 through February 1, 2013 using a non-‘state.gov’ email address.

In an April 15, 2018, interview with George Stephanopoulos, former FBI Director James Comey stated that there were “hundreds of thousands” of Hillary Clinton-related emails that had been found “on Anthony Weiner’s laptop” in its investigation of the Clinton email scandal.

In fighting the State Department’s effort to close the case, Judicial Watch refers to the State Department claim that only 3,000 of those “hundreds of thousands” are agency records and 147 total emails were unique agency records. Judicial Watch argues that the State Department has not released information on the total number of emails that they reviewed, how they reviewed them, how many emails were personal and not agency records and how the agency would have made those determinations.

Again, all we know is that the FBI provided an unspecified number of emails to [the State Department], that [the State Department] reviewed the emails, and that [the State Department] identified 3,000 emails that contained evidence of [the State Department’s] activities. [The State Department] has not even attempted to explain the discrepancy between the “hundreds of thousands” of emails identified by ex-Director Comey and the mere 3,000 emails identified by [the State Department]. At this late point in the Secretary Clinton email saga, [the State Department] should not get the benefit of the doubt.

This filing is part of Judicial Watch’s extensive and ongoing investigation into the Hillary Clinton email scandal. The investigation has produced numerous examples of Clinton using her non-“state.gov” email system to transmit classified information.

Judicial Watch’s April 2014 pivotal revelation of the Benghazi talking points originating in the Obama White House brought about the May 2014 formation of the House Benghazi Committee. In February 2015 the State Department admitted to the court that it needed to make “additional searches” of Benghazi-related material. In March 2015 Clinton admitted to using a non-government email system.

In September 2017 Judicial Watch made public 1,617 new pages of documents from the State Department revealing numerous additional examples of classified information being transmitted through Abedin’s unsecure, non-state.gov account, as well as many instances of Clinton donors receiving special favors from the State Department.

On January 4, 2018, Judicial Watch revealed that at least 18 classified emails in a total of 798 documents produced by the State Department from the FBI’s investigation into former Secretary of State Hillary Clinton’s illicit email system were found on Anthony Weiner’s laptop. Thirteen emails contained classified information and discussions about Saudi Arabia, The Hague, Egypt, South Africa, Zimbabwe, the identity of a CIA official, Malawi, the war in Syria, Lebanon, Hamas, and the PLO.

On January 19, 2018, Judicial Watch released 78 pages of new documents from State Department containing emails of former Secretary of State Hillary Clinton sent and received over her unsecure, non-“state.gov” email system. These documents exposed that Clinton had detailed knowledge about the security issues with in her non-State Department email system contrary to her statement that she “really didn’t stop to think about what kind of email system there would be.”

“After uncovering the Clinton email scandal, Judicial Watch now wants a full accounting of the Hillary Clinton emails found on Anthony Weiner’s laptop,” said Judicial Watch President Tom Fitton. “We’ve confirmed classified Clinton emails on the Weiner laptop, which would have been enough to get anyone else arrested.”

The Story The Mainstream Media Wants You To Ignore

All we heard from the new yesterday was the Twtter battle between Steve Bannon and Donald Trump. It turns out that the quote in the book involved may not be accurate. So why was this the main story of the day? Because the real main story of the day was not part of the narrative the mainstream media is selling.

In case you missed it, The Gateway Pundit posted an article yesterday about a civil lawsuit filed in Washington, D.C.,  by Paul Manafort against the Department of Justice, Rod Rosenstein and Robert Mueller.

The article explains the basis for the suit:

To put it plainly, Mueller is tasked with finding a crime that does not exist in the law. It is a legal impossibility. He is being asked to do something that is manifestly unattainable.  Today as reported by Cristina Laila at TGP, Manafort sued the DOJ, Mueller and Rosenstein because what they are doing is not supported by US Law. This is the biggest story of the day! Manafort is suing to have the Mueller investigation shut down!

Manafort’s case argues in paragraph 33 that the special counsel put in place by crooked Rosenstein gave crooked and criminal Mueller powers that are not permitted by law –

  1. But paragraph (b)(ii) of the Appointment Order purports to grant Mr. Mueller further authority to investigate and prosecute “any matters that arose or may arise directly from the investigation.” That grant of authority is not authorized by DOJ’s special counsel regulations. It is not a “specific factual statement of the matter to be investigated.” Nor is it an ancillary power to address efforts to impede or obstruct investigation under 28 C.F.R. § 600.4(a).

If Manafort wins this case – which it appears according to the law he will – the entire investigation would be deemed illegal – which it is – and therefore legally would have to be shut down – which it should be.

There have been a lot of problems with this investigation from the beginning–the choice of an obviously politically biased investigative team, the early morning raid on Manafort’s home when he was already cooperating with investigators, the uneven application of the law by the Justice Department, and the relational incest among the investigators. There has been a year of investigations and so far the only charges have been unrelated to the supposed purpose of the investigation. Meanwhile, the investigation contrasts vividly with the investigative standards used to investigate the Clinton emails and Uranium One.

The Mueller investigation is part of the swamp that needs to be drained. Hopefully this lawsuit will be the beginning of this process.

A Judge’s Ruling That Ignores The Law

Yesterday The Daily Signal posted an article about a recent lawsuit regarding the horrific shooting at Sandy Hook Elementary School in 2012. The parents of the children who were killed have sued the manufacturers of the guns used in the shooting.

The article reports:

It is important to remember that the rifle used by Adam Lanza, a semi-automatic AR-15, had been legally bought by his mother, Nancy Lanza. Lanza killed her while she was sleeping before he headed to the elementary school and engaged in his killing spree. In fact, some of the families blamed Nancy Lanza for what happened, saying that she knew about her son’s mental problems and “ignored all the signs” of his “increasing instability.”

The parents subsequently filed a wrongful death lawsuit in state court against Bushmaster Firearms, Remington Arms, and a host of other firearms manufacturers. The families claim that the manufacturers acted “unethically, oppressively, immorally, and unscrupulously” in marketing the “assaultive qualities and military use of AR-15s to civilian purchasers.”

I don’t mean to be difficult, but the manufacturers had nothing to do with the events at Sandy Hook Elementary School.

The article reports:

Of course, the main problem faced by the plaintiffs is that this lawsuit is absolutely barred by the Protection of Lawful Commerce in Arms Act of 2005 (PLCA). The Protection of Lawful Commerce in Arms Act was passed by Congress and signed into law by President George W. Bush to stop these types of emotionally-charged lawsuits against gun manufacturers. Codified at 15 U.S.C. §7901-7903, the Congressional “Findings” specifically state that businesses that manufacture, market, distribute, import or sell firearms should not “be liable for the harm caused by those who criminally or unlawfully misuse” such weapons. Such civil liability lawsuits “may not be brought in any Federal or State court.”

The Protection of Lawful Commerce in Arms Act provides only limited exceptions to this prohibition. One exception is for lawsuits claiming a normal product liability issue, such as the harm caused by a weapon that contained a design or manufacturing defect that caused it to malfunction. Or if the manufacturer deliberately sold the gun to someone who is prohibited from owning a guns—like a felon. Or if the manufacturer encouraged a gun owner to misuse the weapon in a way that led to the harm.

What happened at Sandy Hook Elementary School was horrific. A mentally ill young man managed to get hold of a gun and went on a killing spree. Unfortunately, the way our laws are currently written, this was not a preventable crime. The laws that cover committing a person to a mental hospital have gotten complicated, and it was reported that the young man’s mother was attempting to have him hospitalized because of his mental state. Unfortunately, she was not able to complete that complex process before her son killed her. Maybe the answer is a review of our mental health policies–not suing people who are not responsible for the crime.

Upholding Religious Freedom

I don’t have to agree with your religion, but I don’t have the right to infringe on your practice of it. There are exceptions–if your religion requires you to kill non-believers, that is against the law in America, and you are not free to do that. However, in matters that are legal, the First Amendment protects your right to follow your religion whether or not I or anyone else agrees with it!

On Thursday, The Guardian posted an article about a California judge who upheld the First Amendment. The article includes information that might cause you to question his decision, but the fact remains that under the law he did what was right.

The article reports:

A San Francisco judge on Thursday refused to order a Catholic hospital to allow an obstetrician to use its facility to sterilize a woman just after the birth of her third child.

In denying the American Civil Liberties Union’s emergency request, superior court judge Ernest Goldsmith recognized the right of a Catholic hospital to adhere to its ethical and religious dictates.

“The religious beliefs reflected in their operation are not to be interfered with by courts,” Goldsmith said during an hour-long hearing in San Francisco. “There’s no law that says that hospitals are mandated to perform sterilizations.”

The case, brought by the ACLU, spotlights increasing tension over women’s rights to contraceptive healthcare in Catholic institutions.

Note–it is a Catholic institution. The article claims that this was the only hospital within 70 miles of the woman’s home. Admittedly, this would have been the ideal medical time to have the procedure done, and she is inconvenienced by this decision, but she does have other options in the future. A tubal ligation is simple surgery and I am sure she can find a hospital willing to do it.

The article further reports:

Goldsmith ruled that the ACLU is unlikely to win its discrimination case because the hospital’s sterilization policy applies equally to men and women. The judge also found that Chamorro could have the elective procedure in another hospital. In addition, he found insufficient evidence that the hospital allowed other tubal ligations solely for contraceptive purposes.

The ACLU challenged the use of religious directives to deny tubal ligations in a lawsuit it filed last month on behalf of Chamorro and Physicians for Reproductive Health, a nonprofit, and against the hospital and its parent, Dignity Health of San Francisco – California’s largest hospital provider. The suit alleges sex discrimination because the prohibition against sterilization disproportionately impacts women. The ACLU also contends that the hospital arbitrarily allowed some women to have the common surgical procedure while refusing it to others.

The hospital is within its First Amendment rights. The law is clear. The judge upheld the law. That is what he is supposed to do.

The article reports:

The hospital’s policy says: “Tubal ligation or other procedures that induce sterility for the purpose of contraception are not acceptable in Catholic moral teaching even when performed with the intent of avoiding further medical problems associated with a future pregnancy.”

The Catholic Church is entitled to practice its teaching.

No Good Deed Goes Unpunished

There are parents who support the ‘everybody gets a trophy’ mentality, but what happens when their children enter the business world. What happens when the CEO of a company tries to practice ‘everybody gets a trophy’ in his business. We have a recent example.

Yesterday Business Insider posted a story about Dan Price, founder and CEO of the Seattle-based credit-card-payment processing firm Gravity Payments. Mr. Price decided to raise the minimum salary at his company to $70,000. At first his employees were thrilled, but things do not work out as well as planned.

Employees are leaving. Why? Because some employees feel that some less valuable employees got increases bigger than some more valuable employees. One employee complained that the new policy did not reward work ethic–there was no incentive to do more or work extra hours to complete tasks. People who had done that in the past were treated no differently than the less conscientious employees.

The company is struggling financially because of the decision to pay everyone $70,000 a year. There is also a court case filed by Dan Price’s brother, a minority owner, which was filed soon after the pay raise.

There is something in the American psyche that expects to be paid a fair wage for a hard days work. There is also something in the American psyche that resents it when people who do not do a good job are paid the same as people who do. That is why socialism will fail in America, just as it has failed in all the other places it has been tried.

I Hope Alan Dershowitz Is Successful In Clearing His Name

Alan Dershowitz has been accused of having sex with one of the women involved in the Jeffrey Epstein scandal. Attorney Dershowitz was on the Bill Bennett show this morning and mentioned the accusation. He stated that he had made one trip to the Caribbean Island in question–with his wife and children and that nothing unseemly involving him took place.

Lately we have seen a lot of people charged with various sexual escapades–some going back many years–and there seems to be a pattern here. The accusers speak out, ruin the reputation of the person accused, there is no chance for the person accused to prove his innocence, and the professional career of the accused person is ruined. I have no idea how many of these charges are true, but it seems to me that the Duke la crosse case and the Virginia Tech case at least illustrate that there should be room for doubt.

An article posted at Yahoo News on Friday states:

In a statement provided by her lawyers, Paul Cassell and Bradley Edwards, Roberts said, “I am looking forward to vindicating my rights as an innocent victim and pursuing all available recourse. It appears that I am now being unjustly victimized again. … I’m not going to be bullied back into silence.”

Dershowitz is angry at Cassell and Edwards too, saying that they did not contact him before filing the motion and that if they had, he could have provided evidence that he had not met Roberts.

“I won’t rest until these lawyers admit they made it up,” said Dershowitz, who also vowed to have them disbarred. “It’s amazing to me that lawyers, including a former federal judge, could file something like this.” Cassell, a law professor at the University of Utah, served as a federal district judge for five years. Edwards is a Florida attorney who represents crime victims.

If these charges are false, as they seem to be, the attorneys involved may regret going after Alan Dershowitz. Alan Dershowitz is a liberal, but he is a principled liberal. He has spoken out against various Democrat politicians when he felt that they were wrong. I am sure that he has made many political enemies by refusing to support the liberal agenda blindly. It would be interesting to know which of those enemies is behind these charges.

Different Laws For Different Groups

PJ Media posted an article today about the latest attack on religious free speech.

The Freedom From Religion Foundation (FFRF)recently released a press release that included the following:

FFRF filed suit against the IRS shortly after the presidential election in 2012, based on the agency’s reported enforcement moratorium, as evidenced by open and notorious politicking by churches. Pulpit Freedom Sunday, in fact, has become an annual occasion for churches to violate the law with impunity. The IRS, meanwhile, admittedly was not enforcing the restrictions against churches. A prior lawsuit in 2009 required the IRS to designate an appropriate high-ranking official to initiate church tax examinations, but it had apparently failed to do so. 

The IRS has now resolved the signature authority issue necessary to initiate church examinations. The IRS also has adopted procedures for reviewing, evaluating and determining whether to initiate church investigations. While the IRS retains “prosecutorial” discretion with regard to any individual case, the IRS no longer has a blanket policy or practice of non-enforcement of political activity restrictions as to churches. 

In addition to FFRF’s lawsuit, IRS enforcement procedures with respect to political activity by tax-exempt organizations have been the subject of intense scrutiny by Congress. As a result, the IRS is reviewing and implementing safeguards to ensure evenhanded enforcement across the board with respect to all tax exempt organizations. 

Until that process is completed, the IRS has suspended all examinations of tax-exempt organizations for alleged political activities. The current suspension, however, is not limited to church tax inquiries. 

The article at PJ Media points out:

Democrats routinely campaign from the very pulpit of majority black churches. It happens every single election cycle. Pastors in those churches regularly push parishioners to support the Democratic Party, to support specific government social policy, and even specific candidates for office.

The Freedom From Religion Foundation has not sued to get the IRS to investigate any of that. Its targets are churches that align with the more conservative Pulpit Freedom Sunday movement. That tells us what the foundation and the IRS will really be investigating.

The IRS will be monitoring churches to listen for pastors supporting the right to life, the sanctity and traditional definition of marriage, traditional values in general, perhaps even patriotism. Those are the churches, based on the angle that the foundation lawsuit takes, that will potentially find themselves under IRS investigation.

It appears that there will be one set of rules for conservative churches and one set of rules for liberal churches. What happened to equal justice under the law? Why do only liberal churches have First Amendment rights?

FFRF filed suit against the IRS shortly after the presidential election in 2012, based on the agency’s reported enforcement moratorium, as evidenced by open and notorious politicking by churches. Pulpit Freedom Sunday, in fact, has become an annual occasion for churches to violate the law with impunity. The IRS, meanwhile, admittedly was not enforcing the restrictions against churches. A prior lawsuit in 2009 required the IRS to designate an appropriate high-ranking official to initiate church tax examinations, but it had apparently failed to do so. 

The IRS has now resolved the signature authority issue necessary to initiate church examinations. The IRS also has adopted procedures for reviewing, evaluating and determining whether to initiate church investigations. While the IRS retains “prosecutorial” discretion with regard to any individual case, the IRS no longer has a blanket policy or practice of non-enforcement of political activity restrictions as to churches. 

In addition to FFRF’s lawsuit, IRS enforcement procedures with respect to political activity by tax-exempt organizations have been the subject of intense scrutiny by Congress. As a result, the IRS is reviewing and implementing safeguards to ensure evenhanded enforcement across the board with respect to all tax exempt organizations. 

Until that process is completed, the IRS has suspended all examinations of tax-exempt organizations for alleged political activities. The current suspension, however, is not limited to church tax inquiries. 

– See more at: http://ffrf.org/news/news-releases/item/20968-ffrf-irs-settle-suit-over-church-politicking#sthash.rEhbLVZy.dpuf

FFRF filed suit against the IRS shortly after the presidential election in 2012, based on the agency’s reported enforcement moratorium, as evidenced by open and notorious politicking by churches. Pulpit Freedom Sunday, in fact, has become an annual occasion for churches to violate the law with impunity. The IRS, meanwhile, admittedly was not enforcing the restrictions against churches. A prior lawsuit in 2009 required the IRS to designate an appropriate high-ranking official to initiate church tax examinations, but it had apparently failed to do so. 

The IRS has now resolved the signature authority issue necessary to initiate church examinations. The IRS also has adopted procedures for reviewing, evaluating and determining whether to initiate church investigations. While the IRS retains “prosecutorial” discretion with regard to any individual case, the IRS no longer has a blanket policy or practice of non-enforcement of political activity restrictions as to churches. 

In addition to FFRF’s lawsuit, IRS enforcement procedures with respect to political activity by tax-exempt organizations have been the subject of intense scrutiny by Congress. As a result, the IRS is reviewing and implementing safeguards to ensure evenhanded enforcement across the board with respect to all tax exempt organizations. 

Until that process is completed, the IRS has suspended all examinations of tax-exempt organizations for alleged political activities. The current suspension, however, is not limited to church tax inquiries. 

– See more at: http://ffrf.org/news/news-releases/item/20968-ffrf-irs-settle-suit-over-church-politicking#sthash.rEhbLVZy.dpuf

The Continuing Battle To Overturn The HHS Mandate In Obamacare

The American Center For Law And Justice (ACLJ) is reporting today that the Seventh Circuit Court of Appeals has issued a ruling that temporarily blocks the abortion-pill mandate from being imposed on business owners in Illinois.

The article reports:

With this important ruling, all of the ACLJ’s clients with pending litigation over the HHS mandate have now been granted a temporary reprieve from the mandate’s violation of religious liberty as our lawsuits continue.

The article also mentions:

It is also important to note that the court stated that the Supreme Court’s refusal to intervene in Hobby Lobby’s challenge to the mandate earlier this week, is not determinative of this case or many others across the country, as the legal standard for the Supreme Court’s intervention requested in that case “differs significantly” from the standard applicable to motions for injunction in federal trial and appellate courts.

It should be illegal to force business owners to violate their consciences. Hopefully, the Supreme Court will rule that way when the case eventually arrives.

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A California Judge Who Ruled Correctly Based On The Facts

On Thursday, CNS News reported on a lawsuit brought by People for the Ethical Treatment of Animals (PETA) against California dairy farmers. PETA sued to get the daily farmers to stop running ads showing happy, well cared for dairy cows. PETA claimed that the cows were neither happy nor well cared for.

The article reports:

PETA, which filed the lawsuit in 2011, had argued that the California Milk Advisory Board and the California Department of Food and Agriculture had violated state rules that bar misleading or inaccurate marketing with the “Happy Cows” ads.

I am not totally sure how PETA knew whether or not the cows were happy, but I will continue with the story.

The article reports:

According to court documents, PETA had specifically complained that “most California dairy cows are subjected to physical and psychological pain and stress caused by intense and uncomfortable dairying practices, have a high risk of suffering from a number of diseases, and die prematurely” and that “dairy producers take into account the animals’ wellbeing only to the extent that it is economically advantageous to do so.”

The judge ruled that PETA had failed to produce any specific evidence that the cows were being mistreated. The judge also pointed out that state veterinarians and agriculture officials routinely visit and inspect California dairy farms to observe the conditions at the farms.

I am not sure what PETA would like to do to change the conditions of cows on dairy farms. I am also not sure what causes stress in cows. I think most people want to see animals treated well, but I do wonder what changes PETA would make to the average dairy farm.

The article concludes:

PETA, meanwhile, said it is “continuing a review of the judge’s decision in order to determine its next step.”

My question is simple, “How much did this lawsuit cost the dairy farmers of California, and how much of that cost will be passed along to consumers in California when they buy milk or milk products?”

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