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June 2014

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...

WAJ intro:  We featured Hen Mazzig previously, Israeli soldier shocked to see ugly side of U.S. campus life.  I have also followed his work helping to defeat anti-Israel BDS resolutions on campus. When I saw an extensive write up of his time in the U.S. at The Mike Report, I asked if we could run it here, and Mike kindly agreed.  Here is the report. -------------------------------------

HEN MAZZIG: I HOPE I MADE A DIFFERENCE

November 21st of 2012, Hen Mazzig was walking down Shaul HaMelech street in the heart of Tel Aviv when an ear splitting explosion ripped through the air. The gut wrenching sound echoed across the apartment and office buildings for several seconds soon to be replaced by sounds of agony, then sirens.  A Dan commuter bus, No. 142,  was  running its usual route when at twelve noon Muhammad Mafarji used his cell phone to detonate an explosive device packed with nails and shrapnel. Hen was a block away. Hen knows the value of peace. At the time Hen’s day job was as a liaison officer in the Israel Defense Forces (IDF), he worked as an intermediary between the IDF and the Palestinian Authority (the PA), the UN, and the many non-governmental organizations. Fluent in Arabic and English in addition to his native Hebrew, Hen was the  ideal man for the job. While always the consummate professional, those with whom he worked praised Hen for his compassion and dedication to conflict resolution. Honorably discharged in June of 2012 Hen was not ready to settle down just yet, so when he was offered a job to serve as a Seattle based Shaliach for the Israel advocacy group StandWithUs, he jumped at the opportunity. This new assignment was an eye opener for a self described left of center Israeli. In just the first few months on the job Hen had been called every name imaginable, had been verbally assaulted, physically threatenedand was asked by the sponsors of an event to leave a venue out of fear for his safety. Hen details some of these experiences in his viral Times of Israel (over 22,000 shares) “An Israeli Soldier to American Jews: Wake up!”.

I never see an immigration conversation on the right that doesn't include some form of, "but we must secure the border first!" And only once the border is secure are we free to discuss immigration reform in opaque generalities. To be clear, I don't disagree that border security is the paramount issue, where I deviate though, is that I don't believe border security should be conditional for immigration reform. The border should be secured at all times -- period. To be sure, the issues are somewhat related. Border security strengthens our ability to mitigate would be illegal crossers, but I'd argue secure borders are predominantly a function of national security, protection of national sovereignty, and Constitutional obligation, none of which should be used as a bargaining chip for eVerify (or any other piece of immigration reform). Reality doesn't provide a scenario where in the context of immigration reform talks, troops are sent to secure the border and then comprehensive immigration reform is implemented. This will never happen. Not in this manner, anyway. Of course it's worth mentioning such a promise was made as part of Reagan's 1986 reform package and we all know how that panned out. Yet the right collectively includes border security as a prerequisite to make other immigration concessions. I understand the logic, but why handicap ourselves right out of the gate? Reform without secure borders isn't fixing every problem we have and certainly doesn't address the influx of illegal immigration filtering through our southern border. However, using border security as a means to come to the immigration table seems short sighted and ineffective.

FOX News' Chad Pergram tweeted some breaking developments late this afternoon regarding a new email dump from the ever-interesting Lois Lerner file.

Aereo is a video streaming service that allows subscribers (at around $8/month) to view live, over-the-air programming via the internet. The service also includes DVR-like capabilities, allowing for the recording of live programming to be watched later. Shortly after Aereo's launch last year, other television providers (think major networks) sued, claiming that the service violates the networks' right to publicly perform their copyrighted material. The Court rejected Aereo's argument that the company is merely an "equipment provider" and sided with the television providers (with Justices Scalia, Alito, and Thomas dissenting,) saying that the heart of Aereo's service involves a public performance of copyrighted material.

The United States Supreme Court unanimously ruled this morning that police may not search the cellphones of criminal suspects upon arrest without a separate warrant. This ruling is a huge boost for individual privacy rights advocates. Some of the decision is excerpted below, and we will update this post with analysis throughout the day.
By a 9-0 vote, the justices said smart phones and other electronic devices were not in the same category as wallets, briefcases, and vehicles -- all currently subject to limited initial examination by law enforcement. Generally such searches are permitted if there is "probable cause" that a crime has been committed, to ensure officers' safety and prevent destruction of evidence.
Chief Justice John Roberts wrote the opinion in Riley v. California and Justice Antonin Scalia agreed with the majority but wrote a concurring opinion. In the ruling Roberts strongly cited the Fourth Amendment's protection of an individual rights and the advances of technology that the cellphone represents.
We cannot deny that our decision today will have an impact on the ability of law enforcement to combat crime. Cell phones have become important tools in facilitating coordination and communication among members of criminal enterprises, and can provide valuable incriminating information about dangerous criminals. Privacy comes at a cost. Our cases have recognized that the Fourth Amendment was the founding generation’s response to the reviled “general warrants” and “writs of assistance” of the colonial era, which allowed British officers to rummage through homes in an unrestrained search for evidence of criminal activity. Opposition to such searches was in fact one of the driving forces behind the Revolution itself. In 1761, the patriot James Otis delivered a speech in Boston denouncing the use of writs of assistance. A young John Adams was there, and he would later write that “[e]very man of a crowded audience appeared to me to go away, as I did, ready to take arms against writs of assistance.” According to Adams, Otis’s speech was “the first scene of the first act of opposition to the arbitrary claims of Great Britain. Then and there the child Independence was born.”

A report from an independent federal agency on Monday sharply criticized the Department of Veterans Affairs for failing to adequately respond to information from whistleblowers to “address systemic concerns that impact patient care” at VA facilities. The report from the U.S. Office of Special Counsel blasted the VA for downplaying the severity of various identified problems at some of its facilities. It also outlined a number of examples of what it called “part of a troubling pattern of deficient patient care at VA facilities nationwide.” From CNN:
Two veterans in a Veterans Affairs psychiatric facility languished for years without proper treatment, according to a scathing letter and report sent Monday to the White House by the U.S. Office of Special Counsel, or OSC. In one case, a veteran with a service-connected psychiatric condition was in the facility for eight years before he received a comprehensive psychiatric evaluation; in another case, a veteran only had one psychiatric note in his medical chart in seven years as an inpatient at the Brockton, Massachusetts, facility. Examples such as those are the core of the report released Monday by the OSC, an independent government agency that protects whistleblowers.
The OSC letter/report references issues at a number of VA facilities, including several previously reported problems at the Veterans Affairs Medical Center in Jackson, Mississippi that were noted in a September 17, 2013 letter. The OSC concluded in that earlier letter that “[T]he Department of Veterans Affairs (VA) has consistently failed to take responsibility for identified problems. Even in cases of substantiated misconduct, including acknowledged violations of state and federal law, the VA routinely suggests that the problems do not affect patient care.” The report also goes on to note that OSC currently has over 50 pending cases of whistleblower disclosures from VA employees that “allege threats to patient health or safety,” 29 of which have been referred to the VA for investigation.

New York Congressional District 22 is in the heart of central upstate New York, a mostly rural or semi-rural district that runs from Utica in the north to Johnson City-Endicott and Binghamton in the south. If New York had its own flyover country, NY-22 would be it.  The district is so safe Republican, that Democrats are not even running a candidate in this year's election. New York District 22 Republican incumbent Richard Hanna either is a liberal or "moderate" Republican, depending who you ask.  Few people call him a conservative, and he's rated as one of the most liberal Republicans in Congress. Hanna was challenged by Claudia Tenney, a conservative, Tea Party Republican state assemblywoman. The race was far tighter than the mainstream media expected.  At the end of the evening, Hanna won by about 1600 votes, 52.8% to 47.2%.  To barely win, Hanna and his supportive SuperPACs spent $2 million to Tenney's $150,000. Contrary to how many in the media are portraying the race, Hanna did not win because he was liberal or moderate.  To the contrary, Hanna's campaign and SuperPACs supporting him ran away from his "moderate" label and fully towards portraying Hanna as the more conservative candidate.

Update: NY22 Final Results 2014 Republican Primary

What a long, strange trip it's been. Click here for our prior coverage of this race.