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July 2014

A long legal battle ended Tuesday as federal jury awarded former Minnesota Governor Jesse Ventura over a million dollars in damages in his defamation lawsuit against the widow of "American Sniper" Chris Kyle. Ventura sued widow Tara Kyle over her husband Chris Kyle's depiction of Ventura's participation in a 2006 bar fight. From the AP:
A federal jury sided with Ventura in his lawsuit against "American Sniper" author Chris Kyle, who was killed last year in Texas. Though Ventura honed a tough-guy reputation as a pro wrestler and action movie actor, he maintained the legal battle was about clearing his name among his beloved fellow Navy SEALs, not about losing a supposed fight. Kyle — reputed to be the deadliest sniper in U.S. military history — said in his memoir that he punched Ventura in California in 2006 after Ventura said the SEALs "deserved to lose a few" in Iraq. Ventura disputed that the confrontation, including the punch, ever happened.
An 8-2 jury awarded Ventura $500,000 for defamation and $1.3 million under the theory of unjust enrichment, saying that a portion of Kyle's profits from his book were gained at the expense of Ventura's reputation. After threats of a hung jury plagued the courtroom, lawyers on both sides agreed to accept a verdict if 8 of the jurors agreed as to the result. Although it's likely that the unjust enrichment portion of the damages will be paid by publisher HarperCollins' insurance policy, Ventura's attorneys are expected to go one step further by demanding HarperCollins remove the disputed section from Kyle's book.

Yesterday, Speaker John Boehner indicated the House Republicans will push back against any attempt to hijack their border bill. The bill would allocate $659 million to border authorities, far less than the almost $4 billion President Obama requested. Boehner released the following statement (emphasis added):
“Senator Reid, embarrassed that he cannot strong-arm the Senate into passing the blank check President Obama demanded, is making a deceitful and cynical attempt to derail the House’s common-sense solution. So let me be as clear as I can be with Senator Reid: the House of Representatives will not take up the Senate immigration reform bill or accept it back from the Senate in any fashion. Nor will we accept any attempt to add any other comprehensive immigration reform bill or anything like it, including the DREAM Act, to the House’s targeted legislation, which is meant to fix the actual problems causing the border crisis. Such measures have no place in the effort to solve this crisis, and any attempt to exploit this crisis by adding such measures will run into a brick wall in the People’s House.

“While the White House has abandoned all pretense of governing and the Senate is doing almost nothing to address our struggling economy, Republicans remain committed to addressing the American people’s priorities, and that includes passing a responsible bill this week to help secure our border and return these children safely to their home countries.” 
Boehner's statement was in direct response to Senator Reid's statement indicating the the GOP's border bill could be used as an opportunity to push the ever-ambiguous "immigration reform." The Hill reports:

Well, things finally got engaging in the second degree murder trial of Theodor Wafer, charged with unlawfully killing 19-year-old Renisha McBride on his Detroit front porch in the early morning hours of November 2, 2013. Of key importance was the playing in court--but outside the hearing of the jury--of audio recovered from police recording units at the scene, apparently from personally-worn recording devices of the officers present. Numerous witnesses have testified over the course of the trial that a mere $56 dollars had been recovered from Renisha's body. On the audio recording, however, police officers can be heard noting that a $100 bill had been found on her person, leading to one officer responding "No kidding?" This in turn led to a discussion on the officers' part as to whether McBride had been working as a prostitute and had been seeking to collect money owed. Later in the trial Detective Gurka testified at length about how he had early on began looking for any signs that there may have been a get together at Wager's house, such as a pair of drinking glasses or a pizza box, suggesting that he may have been thinking along the lines of the other officers. There was also audio recorded of at least one officer mentioning that he'd "stepped in some," presumably blood or brain tissue evidence at the scene. All of this occurred near the end of the court day, and gave the Judge by her own admission plenty to think about. I imagine the Prosecution, as well, and I'd expect some healthy debate when court opens again in the morning, before the jury is brought back in. With that said, I'll merely note that other than Detective Gurka's testimony the only other witness was the cross examination of forensics firearms officer Kolonich in the early part of the afternoon. And now to our chronological tweets:

Yesterday one of the stories thrust into the mainstream media was nearly simultaneous explosions in a Palestinian neighborhood and at al-Shifa hospital. The media immediately took the Hamas line that it was Israeli missiles. Later, the IDF stated that it had not fired on those locations, and that the explosions were misfired Hamas or Islamic Jihad missiles. The media played it as he said, he said. But an Italian journalist has just left Gaza and is telling the truth about what happened now that he needs not fear Hamas retaliation -- Israel was right (h/t Israelly Cool): How many more of the civilian casualties have been cause by Hamas and Islamic rockets that fell short or misfired? Like Israel says happened at a U.N. school and shelter. We likely never will know because Hamas is so fast to cover up the scene and intimidates reporters:
The Times of Israel confirmed several incidents in which journalists were questioned and threatened. These included cases involving photographers who had taken pictures of Hamas operatives in compromising circumstances — gunmen preparing to shoot rockets from within civilian structures, and/or fighting in civilian clothing — and who were then approached by Hamas men, bullied and had their equipment taken away.
CAMERA discovered a Wall Street Journal reporter coming to the same conclusion as the Italian reporters, but then deleting the tweet:

Illegal immigrant activists in America would like you to know that they're not terribly concerned about being arrested and deported. In fact, they're so unconcerned that they decided to stand in front of the White House this Monday and demand that the Administration offer a reprieve for parents who have illegally entered the U.S. with their children. This isn't the first protest of its kind, and it certainly won't be the last. The Obama Administration has defined its participation in immigration enforcement by the deliberate dismantling of existing enforcement mechanisms via Executive Order. Starting in 2009, President Obama began bypassing Congress to create the environment that makes today's protests possible. Via Fox News:
An Immigration and Customs Enforcement official indicated that even if the protesters end up getting arrested by D.C. police, they’d have to be serious criminals for ICE to get involved. “Unless the individuals meet ICE’s enforcement priorities, it’s unlikely that the agency would get involved in the case,” the official told FoxNews.com. Under a policy that’s been in effect for several years, ICE focuses deportation mostly on serious criminals and – in some cases -- those caught in the act of crossing the border. The agency prioritizes deportation for felons, repeat offenders, gang members and others with a serious criminal record. But the agency largely gives a pass to other undocumented residents.
The problem with this philosophy of non-enforcement is that it breeds optimism in the thousands of people who illegally cross our border. James Carafano at the Heritage Foundation recently articulated what Republican legislators, foreign leaders, and even residents of border states have been saying for months: our illegal immigration problem is Barack Obama's problem:

Controversy is sure to follow George Zimmerman, even though he has not been convicted of anything and the evidence suggesting he acted in justifiable self-defense in the shooting and killing Trayvon Martin was overwhelming. He also beat multiple accusations of assault brought by his ex-wife and ex-girlfriend when the evidence did not support the accusations. George apparently is hanging out at a gun shop keeping an eye on things, and that's big news, although it's not clear whether he is on "patrol" as some of the headlines suggest.
News6 Orlando headlines the story as George Zimmerman 'patrolling' Central Florida shop after gun theft: Although he's not a hired security officer, George Zimmerman has been "patrolling" outside a Volusia County gun shop after it was recently robbed, according to the store owner. Pat Johnson told Local 6 that Zimmerman is not an employee of his DeLand store Pompano Pat's, which sells firearms, ammunition and motorcycles. Johnson said that Zimmerman, on his own accord, has been spotted outside the store since the robbery earlier this month. The thieves stole rifles worth up to $5,000 and two mini-bikes, according to Johnson. Johnson added that although he knows Zimmerman, he has not hired him as a security officer.
video platformvideo managementvideo solutionsvideo player News13 has a less negative spin on it, George Zimmerman now working security for DeLand motorcycle, gun shop:

We;re back with day 4 of the second degree murder trial of Theodore Wafer for the shooting death of Renisha McBride on Wafer's Detroit front porch in the early morning hours of November 2, 2013. The day started, as has become customary, with Wafer's defense counsel Cheryl Carpenter asking Judge Dana Hathaway to allow into evidence certain cell phone pictures from McBride's phone, as well as some of her social media information--specifically, her Twitter account handle, "Young and Thugging."  Judge Hathaway again excluded the pics, and also the Twitter handle, noting that the account had been closed in June 2012 and was too far distant from the events of November 2013. The number of witnesses saw a considerable decline relative to earlier days of the trial, with only two witnesses being moved through, and the second of those only through direct examination.  These two were:
  • James Bivens Jr., Chief, Criminal Investigative Division of the Wayne County Prosecutor's Office
  • Michigan State Police Detective Sergeant Shawn Kolonich, a forensics firearms expert
There was nothing particularly notable about Kolonich's testimony on direct.  Bivens' testimony raised some issues, such as the State's refusal--upheld by Judge Hathaway--to deny the defense certain of Bivens' raw notes, as well as a question from the defense asking if it would have been relevant to Bivens' if it turned out McBride has spent the "missing hours" in a drug house.

Just think what could have been. Israel left Gaza in 2005. The vast international aid that flowed to Gaza could have been used to build the foundation of a nation. Instead it was put to building tunnels and rocket infrastructure. Rather than forging economic ties with the world, it forged military ties with Iran and Hezbollah to achieve the goal of the Hamas charter -- the destruction of Israel. Meanwhile, Israel continued to build a nation, becoming one of the high tech capitals of the world. That could have been Gaza, where the people obviously have tremendous skills and ingenuity. But it was a choice that was not made. The NY Times has a good story about the nature of the vast Hamas tunnel network into Israel, designed specifically for kidnapping and attacks, Tunnels Lead Right to the Heart of Israeli Fear:
An Israeli military spokesman said that in the tunnels uncovered so far, soldiers have found more than 70 side shafts. Inside the Ein Hashlosha tunnel, they picked up potato-chip bags dated as late as February. Elsewhere, there were dates, water and crackers; rocket-propelled grenades and automatic rifles; small rooms for sleeping or hiding; a kidnapping kit of tranquilizers and plastic handcuffs; Israeli Army uniforms; and a Bosch drill used for digging the tunnels that Colonel Azulai described as “a very good one.” “It’s like a subway under Gaza,” he said. Israeli experts said each tunnel would take up to a year and cost up to $2 million to build, involving dozens of diggers working by hand and with small electric tools. The military has known about the tunnels since at least 2003 and had a task force studying them for a year, but was nonetheless stunned at the sophisticated network they found.

Not that it comes as any surprise, but Washington DC has filed an appeal for a stay of the Palmer v. DC ruling this weekend that ordered stopped DC's laws banning the public carry of handguns. This District's motion asks for a stay pending appeal of the DC Court's ruling, are in the alternative a stay for at least 180 days to allow the District to enact a compliant gun carry licensing mechanism.  Of course, they also request an immediate stay while the Court considers the District's motion. The District's motion states that they have consulted with opposing counsel--presumably Alan Gura--who has indicated that they do not oppose a 90-day stay, effective immediately, "pending the city council enacting legislation that complies with constitutional standards."  Opposing counsel also intends to file their further views on the motion by August 4. In the meantime, aia the Washington Times:
D.C. Metropolitan Police Chief Cathy L. Lanier issued guidance late Sunday to police officers on how to enforce gun laws in the wake of the ruling and to outline scenarios under which the carrying of a firearm would be illegal. ... “Under the current ruling, possession of a firearm outside of the home or business in and of itself MAY NOT be criminal,” Chief Lanier wrote in a memo issued to police and the public. “For example, a District resident that has a legally registered firearm may legally possess it outside of the home or business. However, District residents are still PROHIBITED from possessing a firearm that is not legally registered in the District.”

British and American media are reporting that Ukrainian government officials have seen data from the say the downed Malaysia Airlines' black box recorders. According to these officials, the airliner suffered an explosive loss of pressure after it was punctured by multiple pieces of shrapnel from a missile. From the BBC:
They say the information came from the plane's flight data recorders, which are being analysed by British experts. However, it remains unclear who fired a missile, with pro-Russia rebels and Ukraine blaming each other. Many of the 298 people killed on board flight MH17 were from the Netherlands. Dutch investigators leading the inquiry into the crash have refused to comment on the Ukrainian claims.
Meanwhile those same Dutch investigators in charge of finding out what happened have yet to visit the crash site, view the wreckage or see the human remains from the aftermath of the downing of the plane. From CNN:

Every campaign makes strategic mistakes, but it's not often that a high profile campaign's biggest mistake is that it publishes its own "eyes only" strategy plan. National Review reported today that back in December, Michelle Nunn's campaign made the mistake of publicly posting on the internet their comprehensive campaign strategy for the 2014 midterms. Nunn, who is Georgia Democrats' best hope for recovering the Senate seat vacated by Saxby Chambliss, is now facing criticism over strategies revealed as a result of the blunder. Via National Review:
The documents reveal the campaign’s most sensitive calculations. Much of the strategizing in the Georgia contest, as is typical in southern politics, revolves around race. But the Nunn memos are incredibly unguarded. One is from Diane Feldman, a Democratic pollster and strategist who counts among her clients Minnesota senator Al Franken, South Carolina representative James Clyburn, and former Los Angeles mayor Antonio Villaraigosa. Feldman, who did not return calls seeking comment, is frank in her characterization of the demographic groups — Jews, Asians, African Americans, Latinos, and gays — that are essential to a Democratic victory. The Nunn campaign declined to comment about the document on the record.

Today continues with the third day of the murder trial of Theodore Wafer in the Detroit front porch shooting death of Renisha McBride.  We covered this morning's testimony here:

Detroit Front Porch Shooting case: Day 3 Mid-Day Wrap-Up

Witnesses this afternoon included:
  • Cyndi Maxwell, Dearborn Police Corporal, Fingerprint Collection
  • Jennifer Rizk, Michigan State Police, Fingerprint Analysis
  • Allison Riviera-Papillo, Michigan State Police Crime Lab
  • Heather Vitta, Michigan State Police, Forensic Scientist
All four are, obviously, involved in the law enforcement collection and analysis of evidence from crime scenes.  
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