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June 2014

Should be a bumper sticker for those who oppose immigration amnesty and voted last night to defeat Eric Cantor. Alternative national headline: "I'm against lawlessness, and I vote" That lawlessness is reflected at the border where tens of thousands of unaccompanied minors are crossing over in anticipation of amnesty, or at least being allowed to stay under Obama's administration DREAM provisions. The lawlessness also was reflected at Eric Cantor's campaign gathering last night, where pro-amnesty protesters charged into the room shortly after Cantor left and in the words of WaPo, created "chaos": Here's the report from CBS 6:

I graduated from Vassar College in May 2014.  I was the President of the Vassar Conservative Libertarian Union, and the anti-Israel fervor found me. Before we go into this sordid story, it gives us perspective on the times to remember that Vassar College was once a great friend of Israel. In 1975, "Students React Quickly to U.N. Zionism Vote" was a headline in the school paper:
"Concerned Vassar students gathered in the Chapel on a rainy Nov. 12 to protest the U.N. resolution condemning Zionism as racism. Chaplain George Williamson, Jewish Chaplain Derry Baker, Professor Benruy Kraut and two prominent Jewish community leaders, Rabbis Arnold and Zimmet spoke at the student organized rally."
It took thirty years, but what if I told you today that this same college community now views Zionism as the most insidious form of racism. Would it seem Orwellian? Two student groups, Students for Justice in Palestine and JStreetU, were formed last fall. Both liberal, SJP rallies against a two state solution while JStreetU claims to endorse one. At a glance they might seem different, but they share a lot in common when it comes to condemning attempts by me and my group to counter anti-Israel propaganda on campus. In December 2013, the American Studies Association released a resolution boycotting Israel. Reminiscent of students in 1975, the Vassar administration swiftly rejected this resolution right after New Years 2014. Soon-after the Vassar Jewish Union (VJU) became an Open Hillel, which means they welcome anti-Israel speakers. Thirty-nine Vassar faculty then wrote a letter condemning Vassar College's decision.  Students for Justice in Palestine proceeded to swoop down on pro-Israel and neutral students. They protested a class taking a trip to Israel inside an academic building and intimidated the professors. At a Vassar Open forum I attended in May 2014 shortly before graduation, Vassar College President Catharine Hill made clear that she never has condemned the picketing of the class, and any impressions otherwise are wrong: Following complaints about the picketing of the classroom, the Vassar Committee on Inclusion and Excellence organized an open forum led by Professor Kiese Laymon that de facto established any criticism of SJP was motivated by racism, civility was a "cardboard notion," and taking a trip to Israel was the equivalent of organizing an outing to Jim Crow Mississippi. Not surprisingly, the only acceptable thing to say on campus became the lie that Israel is a racist, apartheid state. In order to show the humanity of the perceived Israeli monster, I began innocuously posting images from the Facebook page “Humans of Tel Aviv” in a Vassar student group Facebook page, to show that Israeli cities are cosmopolitan, socially liberal places that resemble Vassar in some ways. This provoked a leader of SJP to tell me “the devil has enough advocates.” Weeds often grow in abandoned fields. Looking back, the first sign of weeds was an "Apartheid Wall" that sprang up in the College Center. This is a common BDS tactic which all follow a similar formula in demonizing the Israeli state. [caption id="attachment_82985" align="alignnone" width="640"]https://www.facebook.com/photo.php?fbid=648478308550930&set=pb.569630543102374.-2207520000.1396799191.&type=3&theater (Mock "Apartheid Wall" at Vassar College 2014)[/caption] I walked up to SJP and told them that I was raised in a Muslim family. They loosened up immediately and seemed eager to welcome me into their hate. There are not a lot of Arab and Middle Eastern students on campus. I remembered that a friend had told me about the Wall of Truth, pro-Israel murals that sometimes counters the apartheid walls.

No, I didn't see it coming. We didn't even plan on live coverage of VA-07, instead focusing on whether Lindsey Graham would avoid a runoff (he did). At some point I started seeing tweets of early VA-07 numbers and thought someone was trolling.  Then I checked and it was no joke. The night of, but particularly the day after, there is much fine punditry as to why Cantor lost.  And much political spin. Looking back, with the complete benefit of hindsight, it seems that something changed along the way for Cantor.  I can't put a precise date on it, but looking back on our posts about Cantor, I'd put the change sometime in late 2011, after Republicans gained control of the House, Cantor became Majority Leader, and he set his sights on even higher positions of power. Until then, our posts reflect Cantor as a tough fighter, the "bad cop" to John Boehner's "good cop" in fighting Obamacare and the Democratic agenda.   Cantor was the guy designated to take on Obama directly in the final weeks prior to Obamacare being signed into law:
Obama also gave House Minority Whip Eric Cantor a stern talking-to when he noticed that the Virginia Republican had stacked the more than 2,000-page bill in front of him while he griped that patients would not be able to maintain the same level of coverage under the Democrats' plan. Obama briefly addressed the coverage point and then turned to the stacked health care bill. "You know, when we do props like this, you stack it up and you repeat 2,400 pages, et cetera -- the truth of the matter is that health care is very complicated. And we can try to pretend that it's not, but it is," Obama said. "These are the kind of political things we do that prevent us from actually having a conversation."
Note also Cantor pointing out that people will not be able to keep their doctors and coverage: Cantor proudly earned the ire of Obama and the Democrats, and was targeted for his efforts, as this Politico headline from March 10, 2009 declared:

Marissa Alexander was back in court today for a pre-trial hearing on whether she will be granted yet another shot at self-defense immunity under Florida statute FL 776.032: Immunity from criminal prosecution and civil action for justifiable use of force.   In what has become an all too familiar pattern in this case, however, Duval County Circuit Court Judge James Daniel decided to punt the decision further down the calendar.  Whether to allow a self-defense immunity hearing is now delayed until August 1.

The Issues Prompting Judge Daniel's Delay on Self-Defense Immunity Decision

As reported at First Coast News and other news media, Judge Daniel appears to be struggling with two issues in particular. The first is whether a defendant should ever be permitted to have multiple self-defense immunity hearings.  The concern here is that defendants will simply seek successive self-defense immunity hearings every time an earlier one goes against them, resulting in long delays in trial. On this point the defense, in the person of high-profile litigator Faith Gay, is arguing that they have new evidence--notably, the changed testimony of one of the minor children at which Alexander fired her bullet, who they say is now prepared to testify that their father charged Alexander and thus justified her use of deadly force in self-defense.  Of course, this new evidence, even if true, does nothing to change the fact that Alexander had achieved a position of safety, armed herself with a firearm, and returned to the conflict, behavior utterly inconsistent with any reasonable claim of self-defense.

House lawmakers passed a bill Tuesday aimed at addressing some of the now high profile problems at Veterans Affairs facilities. From the Associated Press:
United and eager to respond to a national uproar, the House overwhelmingly approved legislation Tuesday to make it easier for patients enduring long waits for care at Veterans Affairs facilities to get VA-paid treatment from local doctors. The 421-0 vote was Congress' strongest response yet to the outcry over backlogs and falsified data at the beleaguered agency. Senate leaders plan debate soon on a similar, broader package that has also drawn bipartisan support, underscoring how politically toxic it could be for lawmakers to be seen as ignoring the problem. […] The House bill would let veterans facing long delays for appointments or living more than 40 miles from a VA facility to choose to get care from non-agency providers for the next two years. A relative few vets already have that option for outside care, and this would expand the offer. The bill also would ban bonuses for all VA employees through 2016 and require an independent audit of agency health care. An earlier House-passed bill would make it easier to fire top VA officials. [House Veterans Affairs Committee Chairman] Miller said VA would save $400 million annually by eliminating bonuses, money the agency could use for expanded care at its centers.
The legislation comes after weeks of reports of various issues surrounding the Department of Veterans affairs. The latest details to emerge came from an audit released Monday which revealed, among other things, that 57,000 veterans have been waiting 90 days or longer for their first VA appointment, and another 64,000 never even got appointments. Some have urged for prosecution of some of the wrong-doing at the VA. At a House Veterans' Affairs Committee hearing Monday evening, this again became a topic of discussion. From the National Journal:

UPDATE - At about 9:15 PM, the Associated Press called the SC Senate race for Lindsey Graham and projects he will not face a runoff election. With 71% of precincts reporting at 9:45PM, Graham is close to garnering 60% of the vote. Notably, Graham won nearly all of the counties in SC and exceeded the 50% threshold in all of them except Greenville, Spartanburg, Laurens and Union Counties. Lindsey Graham Primary Win Results Tim Scott is easily winning his primary getting vote margins above 90% at this point. In fact, Scott is over performing Graham by 60,000 votes statewide.

As soon as Obama was elected it became a foregone conclusion that this would be the result in Iraq---that the country would be taken over by the worst forces in the area. Since then, it's been a slow denouement:
Insurgents seized control early Tuesday of most of the northern Iraqi city of Mosul, including the provincial government headquarters, offering a powerful demonstration of the mounting threat posed by extremists to Iraq’s teetering stability. Fighters with the Islamic State of Iraq and Syria (ISIS), an al-Qaeda offshoot, overran the entire western bank of the city overnight after Iraqi soldiers and police apparently fled their posts, in some instances discarding their uniforms as they sought to escape the advance of the militants... The collapse of government forces in Mosul echoed the takeover earlier this year of the town of Fallujah in western Anbar province, where U.S. troops fought some of their fiercest battles of the Iraq war...
The Iraqi government is asking for international and/or US help, "by virtue of the Joint Cooperation agreement between the two countries." But that horse left the barn a long time ago. As a result of Obama's decisions regarding the Iraq pullout, there are not even any residual US forces left in the country, as remain in so many other places where Americans have fought and died:

Well this is an interesting development, Calif. court rules teacher tenure creates unequal conditions:
A Los Angeles Superior Court judge ruled Tuesday that tenure, seniority and other job protections for teachers have created unequal conditions in public schools and deprive poor children of the best teachers. In a case that could have national implications for the future of teacher tenure, Judge Rolf Treu sided with a Silicon Valley mogul against some of the most powerful labor unions in the country. In a 16-page ruling, in the case of Vergara v. California, Treu struck down three state laws as unconstitutional. The laws grant tenure to teachers after two years, require layoffs by seniority, and call for a complex and lengthy process before a teacher can be fired. David F. Welch, founder of an optical telecommunications manufacturing firm, charged that job protections allow the state’s worst educators to continue teaching and that those ineffective teachers are concentrated in high-poverty, minority schools, amounting to a civil rights violation.
The full decision is embedded below. The court stayed its injunction pending appeal, so no changes will take place immediately. The sound of the teachers' union screaming and crying is ringing in my ears and I can't focus:

Joan Biskupic writing for Reuters reports on the fear in the legal community that has caused large law firms to refuse to take on clients who support keeping the "one man, one woman" definition of marriage, U.S. law firms flock to gay-marriage proponents, shun other side (h/t @AdamLiptak):
As U.S. lawsuits seeking gay-marriage rights move toward a likely showdown at the Supreme Court next year, major law firms are rushing to get involved — but only on the side of the proponents. A Reuters review of more than 100 court filings during the past year shows that at least 30 of the country's largest firms are representing challengers to state laws banning same-sex marriage. Not a single member of the Am Law 200, a commonly used ranking of the largest U.S. firms by revenue, is defending gay marriage prohibitions. These numbers and interviews with lawyers on both sides suggest that the legal industry has reached its Mozilla moment. The software company's CEO, Brendan Eich, resigned in April after being denounced by gay marriage supporters for a donation he had made in support of California's since-overturned gay marriage ban. Now in a similar vein, attorneys at major law firms are getting the message that if they want to litigate against gay marriage they should do so elsewhere.
None of this will come as a surprise to Legal Insurrection readers. We wrote in April 2011, how the large law firm of King & Spalding withdrew its representation of the House of Representatives on the DOMA litigation after the Human Rights Campaign started contacting King & Spalding clients unrelated to the litigation,  and threats were made to hold protests at clients' offices.  King & Spalding did not, however, simultaneously drop its representation of radical Islamic Gitmo detainees who promote societies that treat women and gays as subhuman. I wrote at the time that there was A Hostile Environment For Pro-Traditional Marriage Views At King & Spalding, such that the expression of any contrary view was a potential career ender.  We now know how true that can be, as the Brendan Eich case demonstrated.

The polling is pretty consistent that the public is not buying Obama's spin on the trade of 5 senior Taliban Gitmo detainees for alleged deserter Bowe Bergdahl. CBS News reports:
Just over a week after U.S. Army Sgt. Bowe Bergdahl was freed by the Taliban, a CBS News Poll shows 45 percent of Americans disapprove of the deal that saw him released in exchange for five Taliban militants, while 37 percent approve of it. About one in five do not have an opinion. Views differ by political party: most Republicans disapprove of the deal, while just over half of Democrats approve. Among those who have served in the military, 55 percent disapprove of the prisoner swap. Most Americans -- 56 percent -- say the U.S. paid too high a price to secure Bergdahl's release. Among veterans, that figure rises to 65 percent. Republicans and independents say the deal cost the U.S. too much, while Democrats are more divided: 42 percent think the terms of the agreement were reasonable, but almost as many -- 39 percent -- say the U.S. paid too high a price.
Pew Research further finds:

After a lot of speculation and angst by conservative voters in South Carolina, today is Judgment Day for Lindsey Graham. Over the past year, SC grassroots activists have attempted to organize with the goal of defeating Graham in his re-election bid.  The problem always came back to the lack of a serious challenger to the incumbent Senator. Graham was first elected to Congress in the Republican Wave of 1994.  But the voters who watched O.J. Simpson huddled in the back of his white Bronco 20 years ago are not the demographic force of the electorate today.  South Carolina has a very eclectic mix of Republican voters:  Establishment/old school, Tea Party patriot grassroots groups, Christian conservatives and a libertarian streak that gave Ron Paul some hope in the 2012 South Carolina primary. Unlike the McDaniel/Cochran Senate race in Mississippi, none of these odd fellows in S.C. were able to coalesce behind a single candidate to go up against Graham. However, South Carolina is very interesting as it is one of the few states left that requires a 50%-plus-one vote in order to avoid a runoff election.  Most runoff states have a lower threshold of 40%. The main competitors to Graham are S.C. State Senator Lee Bright from the Greenville-Spartanburg area of Upstate South Carolina.  Bright was well-postioned in the crowded field as the only elected official with some statewide name recognition to challenge Lindsey Graham.  Bright also brought together a number of the numerous Tea Party and patriot grassroots groups throughout the state.  However, he never seemed to be able to gain momentum statewide or make a compelling case as to why he was a good alternative to Graham.  Bright struggled with fundraising throughout the contest, but recent polls suggest he may finish in second place to Graham in voting today.

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An audit released by the Department of Veterans Affairs on Monday indicated that more than 57,000 veterans have been waiting three months or longer for their first appointment with a VA facility. From the Associated Press:
More than 57,000 U.S. military veterans have been waiting 90 days or more for their first VA medical appointments, and an additional 64,000 appear to have fallen through the cracks, never getting appointments after enrolling and requesting them, the Veterans Affairs Department said Monday. It's not just a backlog problem, the wide-ranging review indicated. Thirteen percent of schedulers in the facility-by-facility report on 731 hospitals and outpatient clinics reported being told by supervisors to falsify appointment schedules to make patient waits appear shorter. The audit is the first nationwide look at the VA network in the uproar that began with reports two months ago of patients dying while awaiting appointments and of cover-ups at the Phoenix VA center. A preliminary review last month found that long patient waits and falsified records were "systemic" throughout the VA medical network, the nation's largest single health care provider serving nearly 9 million veterans.
The report indicated that as part of its actions to address the problems identified, the VA would “critically review its performance management, education and communication systems to determine how performance goals were conveyed across the chain of command such that some front-line, middle and senior managers felt compelled to manipulate VA’s scheduling processes.”

The Wisconsin anti-conservative investigation by local prosecutors targeting numerous conservative activists and groups has resulted in numerous legal cases. The investigation is a round-about attack on Gov. Scott Walker, seeking to damage him politically and freeze his supporters out of the political process. Most prominently, in a federal lawsuit two of the targets obtained a preliminary injunction shutting down the investigation as a violation of their constitutional rights. There also are claims for damages individually against the investigators. A separate lawsuit was filed in state court against the Wisconsin Government Accountability Board for its role. The investigation has become the poster child for government abuse of process against conservative activists, as George Will wrote:
Last Tuesday, [Federal Judge] Randa halted the corruption being committed by people pretending to administer campaign regulations — regulations ostensibly enacted to prevent corruption or the appearance thereof. The prosecutors’ cynical manipulation of Wisconsin’s campaign laws is more than the mere appearance of corruption.
There were two important developments this afternoon. In the first and most important development, the 7th Circuit Court of Appeals upheld, pending appeal, the preliminary injunction halting the investigation (full order embedded at bottom of post):

The illegal immigration situation in this country seems to have gone from dreadful to utter chaos, with no end in sight. This is absolutely disturbing on so many levels it's hard to process. Also, as a side issue, are Jan Brewer and Arizona being punished by the Obama administration?:
Hundreds of migrants nabbed by the border patrol after illegally crossing the US-Mexico border through Texas have been flown to Arizona and left at Greyhound Bus stations in Tucson and Phoenix during the past month...Critics charge that released border-crossers will vanish into the woodwork. Immigrant advocates accuse the federal government of releasing migrants without providing enough basic necessities such as food and water on days that hover around 100 degrees F. Arizona Gov. Jan Brewer (R) calls it "another disturbing example of a deliberate failure to enforce border security policies and repair a broken immigration system" in a letter to President Obama.
Yeah, a letter! That'll do it. Although to be honest, I don't know what the remedy would be. Even impeachment wouldn't do it at this point, because fixing this would require that both parties be dedicated to tightening both border security and lessening the cornucopia of services available to illegal immigrants, which would require some harsh and extremely difficult decisions that I don't think our politicians are up to. The CS Monitor offers more background here on why the number of illegal child immigrants has been increasing during the last two years:

Jacksonville news broadcaster news4jax is reporting that a September re-trial date has been set for Michael Dunn, with jury selection to begin September 22. This past February Dunn was convicted of three counts of attempted murder for shooting at an SUV carrying Jordan Davis and three companions, all black teens.  Dunn himself is a middle-aged white male. The three convictions were for firing shots at the three surviving teens as they fled.  Davis was killed by the first three rounds fired, but the jury hung on the associated charge of first degree murder. Immediately upon the jury returning this finding Florida Attorney General Angela Corey announced that she should would be re-trying Dunn on the murder charge.  The date for that re-trial was initially set for early May, but as mentioned above has now been moved to late September.