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June 2014

The vitriol from the political left didn't take too long to manifest following the 5-4 Supreme Court decision this morning in the Hobby Lobby case. Many eyes were on the reaction of Sandra Fluke -- free contraception's PR maven - following the SCOTUS ruling.

In what appeared to be an attempt to divert the news cycle from another round of SCOTUS smackdowns, President Obama announced this afternoon that he will bypass Congress to enact "comprehensive immigration reform." However, at no point did he discuss what his plan would entail. Citing an attempt to work with Congress a year and a half ago, President Obama declared Congress' inaction and political posturing to be the reason he must take executive action. "I would sign an immigration bill into law today and Washington would solve a problem in a bipartisan way," President Obama said.  "For more than a year, Republicans in the house have refused to allow an up or down vote to fix our broken immigration system."  "I take executive action only when we have a serious problem and Congress chooses to do nothing," the President assured. The most chilling portion of his announcement was when he suggested,  "American cannot wait forever for them to act. That's why today, I'm beginning a new effort to fix our immigration system... on my own, without congress."

The bodies of the three Israeli teenagers kidnapped two weeks -- Gil-ad Shaar, Eyal Yifrach and Naftali Fraenkel -- have been located by the IDF near Hebron. Details as to how and when they were killed have not been made public yet. News reports and rumors circulated for hours, but we waited until official confirmation, this tweet being from the Prime Minister's Arab Media spokesman: [Note - the original of Ofir Gendelman's tweet above has been deleted, not sure why] The Times of Israel reports:
Israeli troops on Monday discovered the bodies of three Israeli teenagers, who were kidnapped on June 12, north of Hebron in the West Bank. The bodies were found in an area between Halhul and Karmei Tzur on Monday afternoon. Israeli security forces, which had been conducting extensive searches in the area, sealed off the area and declared it a closed military zone.
Buzzfeed reports that the teens likely were shot during the kidnapping:
BuzzFeed spoke to an Israeli official involved in the case, who confirmed that during the police call a gunshot can clearly be heard. The car, he added, had clear evidence of foul play. Over the last week. Israeli soldiers could be seen digging through rocks and dredging wells in Hebron in the search for the teens. “We have been operating, for some time now, with evidence that these boys were killed,” he said. “It is with a heavy heart that we realized we were looking for bodies.” An Israeli army officer, who spoke to BuzzFeed by phone from the Hebron area, said that an autopsy had not yet been conducted. He said that the bodies of three teens had been found shot, likely very close to the time of their abduction.
This post will be updated as additional details are released. There are plenty of alleged facts and photos circulating on Twitter and Facebook -- we're going to stick with official and/or confirmed news reports. UPDATES:

How can we miss her, when she won't go away? Judge Debra Nelson, who presided over the murder trial of George Zimmerman, today issued a ruling dismissing his libel suit against NBC (a copy of that ruling can be found at the bottom of this post). Those of us who followed the Zimmerman murder trial closely will recall Judge Nelson as ruling so consistently in favor of the Prosecution, fairly bending over backwards in her deference to prosecution arguments. Judge-Debra-Nelson-trayvon-martin-case In contrast, her rulings in favor of the defense were few and far between.  It was surely a similar perception by the defense that inhibited them from ever seeking self-defense immunity for Zimmerman, as provided for under Florida statute 776.032 "Immunity from criminal prosecution and civil action for justifiable use of force." That the same judge who so consistently ruled against Zimmerman at his murder trial would be the one chosen to also preside over his libel suit against NBC is eye brow raising, to say the least. Zimmerman's libel suit against NBC was based on NBC's admitted doctoring of the audio of his 911 call to police, apparently done with the intent of making Zimmerman appear to be racist. Purported evidence of racism on the part of Zimmerman was, at the time, extremely important to the prosecution of the case, for two reasons.

The Supreme Court just handed down its decision in Harris v. Quinn, where the issues were (via ScotusBlog):
(1) Whether a state may, consistent with the First and Fourteenth Amendments to the United States Constitution, compel personal care providers to accept and financially support a private organization as their exclusive representative to petition the state for greater reimbursements from its Medicaid programs; and (2) whether the lower court erred in holding that the claims of providers in the Home Based Support Services Program are not ripe for judicial review.
The ruling was 5-4, with the majority authored by Justice Alito, as tweeted by ScotusBlog: TPM elaborated on the fear from the left, Unions Fear This SCOTUS Case Could Bring Their 'Final Destruction' From the Majority Opinion:
This case presents the question whether the First Amendment permits a State to compel personal care providers to subsidize speech on matters of public concern by a union that they do not wish to join or support. We hold that it does not, and we therefore reverse the judg­ment of the Court of Appeals.

Many people hearing talk of America's campus “rape culture” might be tempted to dismiss the overheated rhetoric as harmless. Despite little evidence "rape culture" exists, though, three recent roundtable discussions on campus sexual assault hosted by Sen. Claire McCaskill (D-MO) showed that not only do some people absolutely believe a rape culture exists on college campuses, but the federal government is involved in policing the issue on campuses. The Department of Education mandates colleges to handle every single student sexual assault through internal quasi-legal proceedings, in which the school performs all the roles of investigator, prosecutor, judge, executioner and statistics compiler. From the perspective of accusers in campus sexual assault cases, they may very well prefer a quasi-legal adjudication of their complaints because it provides a much broader definition of sexual assault, a much lower burden of proof and an environment in which “student's rights” tend to be accuser's rights, with little emphasis on rights for the accused. For the accuser, it makes the alleged post-assault experience that much less stressful. From the accused's perspective, though, he's not gonna know what hit him.

Schools Play Law and Order: SVU

MSUMikeJunger-CSPAN-SexAssault Speaking amongst friendly colleagues last Monday at the third roundtable, Mike Jungers, the dean of students at Missouri State University, made the surprising statement that new investigation procedures of campus sexual assault were resulting in the alleged perpetrators agreeing to be interrogated without obtaining an attorney. He considered this to be a good thing.

Note: You may reprint this cartoon provided you link back to this source.  To see more Legal Insurrection Branco cartoons, click here. Branco’s page is Cartoonist A.F.Branco...

The Mississippi Senate Runoff election was viewed by the media as the last, best chance for a Tea Party inspired Republican primary challenger to unseat a Republican incumbent in a primary. But there remains the Kansas primary in which Dr. Milton Wolf is challenging Pat Roberts on August 5. Legal Insurrection supports Dr. Wolf as the type of inspirational next generation of conservative Republican we need to lead us, not merely go along to get along. Can Dr. Wolf pull off the upset? The two races, several weeks out from the primary, appear to have similarities: An incumbent Senator who's been in Washington, D.C., for over forty years, a seemingly unbreachable power machine with money to burn and years of experience winning, and all the makings of yet another Tea Party vs. Establishment showdown. On the surface, Dr. Wolf would seem to have a difficult climb. A Survey USA poll released last week shows Wolf with 23% to Roberts 56% among likely GOP voters. Unlike Mississippi though, Kansas has closed primaries, and Dr. Wolf's main problem is lack of name recognition. According to his internal polling, among people who know of both candidates, the gap is much, much closer, with Dr. Wolf actually leading. In Mississippi, early April polling showed Thad Cochran with at 17% lead for the June 3 original primary, but that gap closed quickly in the final weeks to a virtual dead heat on June 3.  Could the gap close in Kansas if national attention focused on the race? We sat down with Dr. Wolf to get his side of the story. Here's what he had to say:

President Obama is expected to announce former CEO of Procter & Gamble Bob McDonald as his pick to head the Department of Veterans Affairs. From Reuters:
President Barack Obama has chosen former Procter & Gamble Chief Executive Bob McDonald, an Army veteran, as his nominee to be the next secretary of veterans affairs, a senior Obama administration official said on Sunday. Obama's announcement of McDonald, 61, will be made this week, possibly on Monday. If confirmed by the Senate, McDonald would be tasked with repairing the Veterans Administration after widespread evidence of delays in military veterans getting healthcare at VA facilities. The announcement is to come days after a White House review found significant and chronic failures across the board at the Veterans Administration and evidence that a "corrosive culture" prevails.
If confirmed, McDonald would replace Eric Shinseki, who resigned in late May after significant problems at the VA, including secretive wait lists, became highly publicized.

If anyone working in media today wants to help restore some of the damage done to the reputation of their industry, an apology like this would be a great start. Rather than using their influence to prop up Obama, the editors of the Billings Gazette in Montana are simply admitting they were wrong:
Gazette opinion: Obama earned the low ratings Sometimes, you have to admit you're wrong. And, we were wrong. We said that things couldn't get much worse after the sub par presidency of George W. Bush. But, President Barack Obama's administration has us yearning for the good ol' days when we were at least winning battles in Iraq. The latest NBC/Wall Street Journal polls show that Americans are giving Obama lower marks than in 2006 when Iraq was going poorly for Bush and a tepid response to Hurricane Katrina sunk Bush's ratings. It's not that popularity polling should be the final or even best measure of a president. There is that old saw that points out there's a difference between doing what is right and what is popular. For us, though, it's the number of bungled or blown policies in the Obama administration which lead us to believe Obama has earned every bit of an abysmal approval rating.
John Nolte of Breitbart summarizes the rest of the piece:

The primaries are over and Maryland's nominees for governor are Lietenant Governor Anthony Brown for the Democrats and Larry Hogan for the Republicans. Despite having failed at his most prominent job as Lieutenant Governor the state's Democrats want to give him a promotion. I previously critiqued the Washington Post's endorsement of Brown. The Baltimore Sun too endorsed Brown.
As for Mr. Brown, we'll address his flaws first. We have been consistently critical of his lack of transparency in discussing his role in Maryland's disastrous health insurance exchange launch. His explanations have been guarded and convoluted; a simple apology and a pledge to learn from the experience would have been much better. Mr. Brown was, officially, Maryland's point-person for health care reform. Had the website been a success, he would have taken credit; thus, he must accept a share of blame for its failure. That said, the buck stops with Gov. Martin O'Malley, not Mr. Brown, whose actual role appears to have been more symbolic than managerial.
That's an endorsement? He wasn't incompetent he really wasn't supposed do anything? Worse the Sun called Gansler, "able public servant during his long career." The Sun's criticisms of Gansler stemmed from his campaign not for his governance. To endorse the guy whose managerial role they described as "symbolic" over someone with a track record is ridiculous. I bring up the endorsements again even though the race is over, because it shows the lengths that Brown's supporters have to go to get past his failure. Either they ignore it or they say he was a no show. Neither one is a ringing endorsement for the guy's leadership. But the failure isn't just Brown's, or the O'Malley/Brown administration. It's the failure of Maryland's Democratic party - as nearly the entire leadership of the party in Maryland endorsed Brown. And the leading newspapers in Maryland endorsed him too. So the Democrats want power without responsibility. And the media that should be serving as a check on government's power have failed miserably in their civic responsibility. Look at Brown's last ad before the primary, called "Step up." Brown comes across as confident, but even as he asks viewers for their help to "build a better Maryland," he offers no qualifications for the job, only that he is driven by the value his father instilled in him that "service to others comes first." He sounds like it is his convictions not his record that should be the criterion for choosing him. He wants us to forget his record.

If Hillary Clinton runs for President, she's still the odds-on favorite because she has the Democratic machine behind her. The conventional wisdom is that the nomination is Hillary's to lose. If Hillary's disastrous book rollout and tone-deafness about her wealth are any indication, Hillary might just accomplish the unthinkable of imploding a second time as presumptive nominee. Hillary's worst enemy is Hillary. There's only so long you can pretend to be something you are not. Enter Elizabeth Warren. We have been arguing for years that Warren is a unique political talent, someone who can demagogue the national victim narrative better than anyone in recent memory. Do not underestimate the power of a politician whose entire reason to be is to convince people that the problems in their lives are not of their own doing, but of a rigged system in which they are abused by powerful, if unseen, forces. Put aside all the hypocrisy's of Warren's own life. There are many people willing to overlook how Warren tried to rig the system to her own advantage if that is what is needed to believe in their own victimhood. In a nation suffering from an unending decline in workforce participation rates, in which every month hundreds of thousands of people give up hope of finding a job and drop out, blaming a rigged system is a powerful message. Jonah Goldberg calls Warren The Obama of 2016:

This video does not appear to be a Pallywood production. The Times of Israel reports, Gaza surveillance cameras pick up Israeli strike on terrorists:
Unverified footage posted to YouTube on Saturday appears to show the Israeli air strike carried out Friday afternoon on a car carrying two operatives belonging to the Popular Resistance Committees, a coalition of armed groups in Gaza. The footage shows a vehicle driving along a coastal road before being struck. Passersby remain seemingly unharmed. Israel confirmed carrying out the targeted killing of Osama Has​sumi, 29, and Mohammad Fatzih, 24, on Friday, charging that they were involved in a cell responsible for repeated rocket fire on Israel’s southern cities over the past several weeks and were planning terror attacks on Israeli civilians.
Interesting comment at YouTube:

Spotted on Saturday on Route 88 West in Upstate New York, on a vehicle with Georgia plates....

The attorney for Lois Lerner is speaking out, saying that his client doesn't have any records of the emails that were lost in a hard drive crash in 2011. From Politico:
Lois Lerner has no records of two years of missing emails and Republican claims that she’s hiding something are “silly,” her lawyer said in his first interview since the controversy around the former IRS official erupted two weeks ago. “She doesn’t know what happened,” lawyer William Taylor III said of the 2011 computer crash that erased two years worth of Lerner’s correspondence. “It’s a little brazen to think she did this on purpose.”
Taylor indicated that Lerner “requested that IT use every possible resource” to try and recover the contents of her hard drive. Regardless of the misfortune of Lerner’s unrecoverable hard drive, many have asked if the emails were printed in hard copy anywhere as a backup. IRS rules specify in part that agency emails “created or received in the transaction of agency business” are to be printed and kept on file. IRS commissioner John Koskinen has said that not all emails are necessarily considered an “official record.”