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April 2014

Posted by William A. Jacobson on April 26, 2014 14 Comments
We covered the NYU "Dorm Storming" by Students for Justice for Palestine. It's now received national attention through Greta Van Susteren, who I think did a good job in this interview with Laura Adkins at focusing on the provocative nature of the act. That's something we've focused on. Of course it's part of a greater BDS movement to demonize Israel, but it's also an attempt to intimidate students in their bedrooms. Local ABC News reports (if video doesn't load, click on link): It violated NYU rules, which protect the privacy of students. If NYU takes no action, which is what I expect, then it has rendered students captives in their own dorm rooms. Rowan v. U.S. Post Office Dept., 397 U.S. 728, 738 (1970)
“We therefore categorically reject the argument that a vendor has a right under the Constitution or otherwise to send unwanted material into the home of another…. That we are often ‘captives’ outside the sanctuary of the home and subject to objectionable speech and other sound does not mean we must be captives everywhere.”
So what is NYU going to do?

Posted by Andrew Branca on April 26, 2014 76 Comments
This past Tuesday, April 22, I participated in a debate on Stand-Your-Ground hosted by UC Berkeley Law School. As you might expect, hilarity ensued. It turned out there were actually three sides to the debate. The two lawyers on the anti-SYG side of the issue were opposed to the debate proposition that "Florida state law may be flawed, but Stand Your Ground is a fundamentally sound policy that protects the innocent." I, of course, was on the pro-SYG side. My debate partner, a lovely woman and law professor, Andrea Roth, was nominally on my side, but in fact did not take a pro-SYG position. Her position would more accurately be described as "undecided on SYG." The way the debate was structured was we each had a 6 minute slot for opening statements. I spoke first (awesome). You can see my opening statements here (the full-length video of debate is at bottom of post): The way the debate winner was determined was by greatest change in audience opinion. The audience voted prior to the start of the debate, and again at the conclusion. The starting vote had me at 18, the anti-SYG side at 53, and the rest undecided.

Posted by William A. Jacobson on April 26, 2014 5 Comments

From Danelle: Just too funny! A friend of mine sent this too me from Corinth, Texas today! I confirmed with the friend, it's a true story. ...

Posted by Bryan Jacoutot on April 25, 2014 14 Comments
The anti-gun advocacy group created by Former New York City Mayor, Michael Bloomberg, just lost one of it's most high profile Republican members, Tom Ridge, the Daily Caller recently reported.
Former Republican Gov. Tom Ridge is stepping down from his position with Michael Bloomberg’s new anti-gun organization, The Daily Caller has learned. “When I signed on as an advisor to Everytown, I looked forward to a thoughtful and provocative discussion about the toll gun violence takes on Americans,” Ridge told The Daily Caller in a statement, through a spokesman. “After consultation with Everytown, I have decided that I am uncomfortable with their expected electoral work,” Ridge said. “Therefore, we have decided that we will pursue this issue in our separate spheres.” Bloomberg, hoping to add prominent Republicans to his gun control effort, had appointed Ridge to serve on the advisory board of his Everytown for Gun Safety umbrella organization. The New York Times reported last week that Bloomberg, the former liberal mayor of New York City, plans to spend about $50 million dollars to challenge the National Rifle Association.
While Ridge declined to go into detail about the "expected electoral work" Everytown has in store, it's a safe bet there won't be much room for "thoughtful discussion" on gun violence. Take a look at their most recent ad, in which survivors and family members of gun victims attack statements made by NRA leadership. https://www.youtube.com/watch?v=K6YZg9JTykA What do you think? Is it meant to appeal to your thoughts, or to your emotions? For their part, the NRA has released an ad responding directly to Bloomberg's $50 Million promise. The ad, featured below, highlights the power of small contributions from its individual supporters.

Posted by Mandy Nagy on April 25, 2014 7 Comments

Eric Holder will stay on in his job as Attorney General at least through the mid-term elections in November. From Reuters, via Yahoo News: U.S. Attorney General Eric Holder plans to stay on through November's mid-term elections and has no timeline for an exit after that, a...

Posted by William A. Jacobson on April 25, 2014 41 Comments
Forget the current polling as between Hillary and Elizabeth Warren. It pits Hillary against someone who "isn't running." For all my criticisms of Warren, and they are extensive, I am convinced that if she ran, she would crush Hillary, just as Obama did. Warren, as did Obama, has a unique ability to demagogue the core Democratic narrative of victimhood in ways that would make Hillary blush. She is more cunning than Hillary, more popular with the base, would bring an excitement the contrived Ready-for-Hillary movement could only dream of.   Democrats may be "ready" for Hillary, but they don't really want her. Face it, Democrats, in your heart of hearts, you want Elizabeth Warren to run.  She is the next One you have been waiting for.   You can imagine yourselves singing:
We’re gonna spread happiness We’re gonna spread freedom Obama’s Liz's gonna change it Obama’s Liz's gonna lead ‘em
You need to convince yourselves to support Hillary, and you will if you have to, but you don't really want to have to. Byron York makes the case that we should not rule out a Warren run:

Posted by David Gerstman on April 25, 2014 9 Comments
In the wake of Fatah's embrace of Hamas earlier this week there has been a very interesting reaction. Actually, the reaction has been interesting because it's been mostly non-existent. Though the New York Times and Washington Post have reported on Fatah's betrayal of the American sponsored peace process, neither has published an angry editorial denouncing Palestinian President Mahmoud Abbas for endangering or destroying the peace process. Few news events shatter perceptions more clearly than when a supposed moderate embraces extremism. And even given the fraught history of past Fatah-Hamas agreements the symbolism here is unmistakable. A week before Secretary of State John Kerry hoped to have a framework agreement, the Palestinian Authority came to an agreement with the terrorist Hamas organization and not with Israel. Let's do a few comparisons. Exhibit A: New York Times  In March 2010, when Vice President Joe Biden was visiting Israel, Israel's Interior Ministry announced plans to build houses in Ramat Shlomo. Even though Ramat Shlomo is part of Jerusalem and a part of Israel's capital that everyone expects will be part of Israel in any final agreement with the Palestinians, the announcement precipitated a diplomatic crisis between Israel and the United States. An editorial in the New York Times two days later stated about the announcement, "And it is hard to see the timing as anything but a slap in the face to Washington." In 2010, the Israeli announcement didn't and wouldn't change anything about the Middle East materially and yet the New York Times criticized the Israeli action. That Fatah-Hamas agreement, on the other hand is a game-changer. Israel dropped its objections to the PLO when the PLO renounced terror. Of course, under Arafat that declaration was meaningless as he encouraged terror against Israel even after Oslo. Abbas was supposed to be the peaceful one. But now he's embraced a terrorist organization.

Posted by Bryan Jacoutot on April 25, 2014 29 Comments
As part of the historical tour one makes through the soon-to-open National September 11 Memorial Museum in New York City, a brief video will be shown describing the group that carried out the deadliest single foreign attack on the homeland in United States history. Apparently, relating the impetus behind the attack to the religion of Islam has rubbed at least one interfaith group of observers the wrong way. From the NY Times:
The film, “The Rise of Al Qaeda,” refers to the terrorists as Islamists who viewed their mission as a jihad. The NBC News anchor Brian Williams, who narrates the film, speaks over images of terrorist training camps and Qaeda attacks spanning decades. Interspersed are explanations of the ideology of the terrorists, from video clips in foreign-accented English translations. The documentary is not even seven minutes long, the exhibit just a small part of the museum. But it has over the last few weeks suddenly become a flash point in what has long been one of the most highly charged issues at the museum: how it should talk about Islam and Muslims... “The screening of this film in its present state would greatly offend our local Muslim believers as well as any foreign Muslim visitor to the museum,” Sheikh Mostafa Elazabawy, the imam of Masjid Manhattan, wrote in a letter to the museum’s director. “Unsophisticated visitors who do not understand the difference between Al Qaeda and Muslims may come away with a prejudiced view of Islam, leading to antagonism and even confrontation toward Muslim believers near the site.”

Posted by Mandy Nagy on April 24, 2014 3 Comments
Russia on Thursday announced that it would begin military drills along the border of Ukraine, as the crisis there has continued to escalate in recent days. From CNN:
Following days of simmering unrest, tensions in Ukraine escalated sharply Thursday, with Russia embarking on new military drills near the border after Ukrainian forces said they killed five pro-Russian militants. Ukraine's Interior Ministry said Ukrainian forces killed the five militants during operations to take down pro-Russian activists' roadblocks around the city of Slavyansk. The Russian response was quick to come. Russian President Vladimir Putin said that "if the Kiev regime has started to use the army against the population inside the country, it, beyond any doubt, is a very serious crime." It would "have consequences" for those making the decisions, and for relations between the two governments, Putin said at a media forum Thursday, according to state TV channel Russia 24. Shortly afterward, Russian Defense Minister Sergei Shoigu said Russia would conduct military drills in response to the operation in southeastern Ukraine, Russian state news agency RIA Novosti said. "We are forced to react to such a development in the situation," Shoigu is quoted as saying. "Starting today, exercises of battalion tactical groups from the Southern and Western military districts will begin near the borders with Ukraine."
Russia’s announcement comes after Ukraine has resumed a crackdown on pro-Russia separatists who continue to set roadblocks and occupy government buildings in areas of eastern Ukraine, as an earlier truce fell apart.

Posted by A.F. Branco on April 24, 2014 2 Comments

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...

Posted by Jack Park on April 24, 2014 6 Comments
In the world of federal Inspectors General, there are some evergreens in agency oversight. There are federal employees in every agency who periodically misuse their official credit cards, use their workplace computers to look at pornography, or fail to pay their taxes in timely fashion. Indeed, every year, there are news stories about the number of federal employees at each agency with tax delinquency issues. An IG can expect to find evidence of such misconduct by conducting an audit or investigation every couple of years or so. Monday, the Treasury Inspector General for Tax Administration (TIGTA), issued a report demonstrating that truism and disclosing that:
[B]etween October 1, 2010 and December 31, 2012, more than 2,800 [IRS] employees with recent substantiated conduct issues resulting in disciplinary action received more than $2.8 million in monetary awards, more than 27,000 hours in time-off awards, and 175 quality step increases. Among these, more than 1,100 IRS employees with substantiated Federal tax compliance problems received more than $1 million in cash awards, more than 10,000 hours in time-off awards, and 69 quality step increases within a year after the IRS substantiated their tax compliance problems.
The report explains that “the most serious conduct issues included late payment and/or nonpayment of Federal taxes, Government travel card misuse or delinquency, Section 1203(b) violations, misconduct, and fraud issues.” Section 1203 of the 1998 IRS Restructuring and Reform Act provides that certain acts or omissions can be the basis of a removal for cause for misconduct. “Drug use and violent threats” are examples of misconduct, and “fraudulently claiming unemployment benefits and fraudulently entering attendance and leave on timesheets” are examples of fraud. The report includes the following table showing the extent of the problem:
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