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August 2014

I'm a day late to this, but better late than never. After admitting that Lois Lerner's supposedly missing emails were in the back-up system, the IRS has filed court documents in response to a Judge's Order indicating that after Lerner was summoned to testify before Congress, the IRS wiped clean Lerner's Blackberry. Via Fox News:
Lois Lerner’s BlackBerry was intentionally destroyed after Congress had begun its probe into IRS targeting of conservative groups, a senior IRS lawyer acknowledged in a sworn declaration. Thomas Kane, Deputy Assistant Chief Counsel for the IRS, wrote in the declaration, part of a lawsuit filed by Judicial Watch against the IRS, that the BlackBerry was "removed or wiped clean of any sensitive or proprietary information and removed as scrap for disposal in June 2012." That date - June 2012 - is significant because by that time, ex-IRS official Lerner had already been summoned before congressional staffers who interviewed her about reports of the IRS' targeting of conservative groups. "We had already talked to her. Our personal staff and Oversight Committee staff had sat down with Ms. Lerner and confronted her about information we were getting from conservative groups in the state of Ohio and around the country," Rep. Jim Jordan, R-Ohio, told Fox News. "If you intentionally destroy evidence, that is a crime. If you make a statement in court saying the evidence is not available and it is, that is also a crime," said Jay Sekulow, Chief Counsel for the American Center for Law and Justice.

Israelis Prime Minister Benjamin Netanyahu, accompanied by Defense Minister Moshe Ya'alon and IDF Chief of Staff Benny Gantz, just held a press conference. Netanyahu, facing increasing criticism at home, laid out the case why the Gaza conflict was a success: Hamas lost 5-7 years of military tunnel and rocket build-up, over 1000 fighters (including from other terrorist groups), and numerous senior leaders, but receive no benefit in the ceasefire agreement. Israel gained diplomatically among more moderate Arab states, and limited losses from rockets and ground combat. I'll have my own take on this (which basically agrees with Netanyahu) later. I'll post the video when available. Here are some live tweets:

Three recent articles have critiqued the media's coverage of the Israeli-Palestinian conflict, especially in the context of Operation Protective Edge. Previously, I covered Richard Behar's takedown of reporting from Israel in Forbes and yesterday Prof. Jacobson highlighted Matti Friedman's expose from Tablet Magazine. Behar focused on what gets left out of reporting from the Middle East. Friedman concentrated on how the media's narrative shapes the reporting from the Middle East. To be sure, both covered other issues, but those were their respective focuses. Earlier this month, former correspondent Mark Lavie wrote Why Everything Reported from Gaza in Crazy, Twisted. Lavie explains "why you don’t get the whole story."
Besides the budgetary limitations, news organizations often hesitate to send reporters into Gaza at all because of the constant danger, and not from Israeli airstrikes. In 2007, BBC reporter Alan Johnston was kidnapped by Palestinian militants and held for more than three months. Many other foreign journalists were kidnapped there and held for a day or two around that time. There have been no kidnappings recently, but the message was clear—foreigners are fair game. The message was heard and understood. For lack of an alternative, news organizations began to rely more and more on local stringers, giving the regime considerable leverage through intimidation. It’s expected that news organizations will deny all this—it’s part of the dance.

In Rotherham, England, a group of Pakistani immigrants and others of Pakistani descent deliberately targeted white teenage girls for sexual exploitation, with a religious angle to the targeting. The authorities knew of the exploitation, but were fearful of talking about it or going public with it for fear of being called racist or Islamophobic. So the abuse continued for over a decade, with approximately 1400 girls gang raped and otherwise sexually abused. It's all detailed in The Independent Inquiry into Child Sexual Exploitation in Rotherham, 1997 - 2013 (embedded at bottom of this post) released on August 21.  From the report: Rotherham Child Exploitation Cover
No one knows the true scale of child sexual exploitation (CSE) in Rotherham over the years. Our conservative estimate is that approximately 1400 children were sexually exploited over the full Inquiry period, from 1997 to 2013.... It is hard to describe the appalling nature of the abuse that child victims suffered. They were raped by multiple perpetrators, trafficked to other towns and cities in the north of England, abducted, beaten, and intimidated. There were examples of children who had been doused in petrol and threatened with being set alight, threatened with guns, made to witness brutally violent rapes and threatened they would be next if they told anyone. Girls as young as 11 were raped by large numbers of male perpetrators.... By far the majority of perpetrators were described as 'Asian' by victims, yet throughout the entire period, councillors did not engage directly with the Pakistani-heritage community to discuss how best they could jointly address the issue. Some councillors seemed to think it was a one-off problem, which they hoped would go away. Several staff described their nervousness about identifying the ethnic origins of perpetrators for fear of being thought racist; others remembered clear direction from their managers not to do so.....
This has been in the British papers for days, with The Daily Mail leading the way:

No, they don't come right out and say they support Hamas, but that's the effective message of the petition these historians signed, which condemns Israel for "war crimes," and asks the US to withdraw military aid from the country. And Hamas? It's never even mentioned. It's as though it doesn't exist. Many of the original signers are members of the hard left. Even I recognized that fact from some of the names, and Ron Radosh---who was once a prominent leftist himself---recognized many more:
As a historian who has studied the American far Left for many years, and decades ago was part of, I immediately noticed that many on the initial list of signers are veterans of the already old New Left and either supporters of or fellow-travelers of the defunct Soviet Union and the Communist movement. Indeed, I know many of them personally, and are aware of their old affiliations and political allegiances.
I looked up the first eight or so people on the list, and it was an interesting exercise.

ISIS is ready to take another victim. Multiple news outlets are reporting that ISIS has threatened the life of a third (living) hostage, this time a 26 year-old female American aid worker who was kidnapped last year during a humanitarian mission to Syria. (A representative of the family asked that she not be identified.) Militants have demanded $6.6 million and a reciprocal release of prisoners in exchange for her return. Via ABC News:
She is the third of at least four Americans who were known to be held by ISIS, the Islamic State of Iraq and Syria. American journalist James Foley was executed by the group in a video that appeared online last week. Another writer, Steven Sotloff, was seen alive but under duress in the same footage. In addition to the multi-million dollar ransom, the terror group has also demanded that the U.S. release Aafia Siddiqui, an MIT-trained neuroscientist who was convicted by the U.S. in 2010 of trying to kill U.S. officials two years before, according to a supporter of Siddiqui who has been in contact with the hostage’s family.

If you went to college, you probably know someone who became the victim of sexual assault after a night out with friends. Now a group of engineering students at North Carolina State University are developing a tool that can help young women avoid becoming victims of sexual assault. Stephen Gray, Ankesh Madan, Tasso Von Windheim and Tyler Confrey-Maloney teamed up to develop "Undercover Colors," a new type of nail polish that changes colors when it comes into contact with common "date rape" drugs like Rohypnol, Xanax, or GHB. In their mission statement, the four developers state that, "[o]ur goal is to invent technologies that empower women to protect themselves from this heinous and quietly pervasive crime... Through this nail polish and similar technologies, we hope to make potential perpetrators afraid to spike a woman’s drink because there’s now a risk that they can get caught. In effect, we want to shift the fear from the victims to the perpetrators." Via the International Business Times:
"With our nail polish, any woman will be empowered to discreetly ensure her safety by simply stirring her drink with her finger. If her nail polish changes colour, she'll know that something is wrong." The team was granted $11,250 (£6,600) from North Carolina State's Entrepreneurship Initiative, which aims to develop solutions to "real-world challenges". Each of the students personally know someone who has been sexually assaulted.

One of the key messages I hit in my Law of Self Defense Seminars is that the use of force can only very rarely be both an "accident" AND "self-defense." Self-defense is an inherently deliberate act.  You perceived a threat, you responded with force against that threat. Deliberate. An accident is the opposite of a deliberate act. By definition, an accident is something you did not with to happen. The law recognizes this disconnect. One either acts in deliberate self-defense, or has an accident. But one cannot claim both. Further, when one has an "accident" while handling a firearm, there are are particular difficulties that arise. A firearm is an inherently dangerous instrument. The standard of care while handling it is very, very high. And, in my professional experience, has only grown higher in the last 10-15 years. Technically speaking, "accident" is a perfectly legitimate legal defense. But an accident is something that involves NO wrongdoing by the person raising the defense. If you are handling a modern firearm, the only way that gun will discharge is if you depress the trigger. That's on YOU. And it is NOT an accident, especially if it results in harm or death to another person--it's criminal negligence. Today we learn that the jurors in the Detroit front-porch shooting trial--in which homeowner Theodore Wafer shot a very drunk 19-year-old Renisha McBride through the head with a 12 gauge shotgun--felt very much the same way, as reported by the Detroit Free Press, entitled "Juror: 'No one' believed Wafer killed McBride in self-defense" As reported in that piece:

Could Scotland once again be an independent nation? They will if the Scottish National Party has their way. Just a few years ago, Scottish independence was a long shot, now, the argument appears to be in a dead heat. According to The Guardian:
Last October, the yes/no split was 37% to 63%, suggesting that the traditional two-to-one balance against independence was holding in the referendum context. But then the nationalists began to narrow the gap. In February, Westminster's three unionist parties made a heavy-handed intervention on the question of the currency, warning that an independent Scotland could not count on keeping the pound. This backfired, and by April, the poll of polls was running at 45%-55%. The race was looking increasingly competitive, before opinion congealed and then froze. Glasgow's Commonwealth Games and the first debate, which a Guardian/ICM poll established Alistair Darling had won for the no camp, came and went without materially affecting the picture.
The last debate between the Scottish National Party and the British Labour Party produced a strong win for the SNP. A Guardian/ICM poll taken immediately after the debate showed 71% of respondents handing victory to Alex Salmond, the SNP's pro-independence spokesman. Whether a debate win translates to actual votes is another issue though.

None of the political analysts gives Dem challenger Martha Robertson much of a chance of defeating incumbent Tom Reed, although given all the money flowing to her from national Dems, I don't count her out. That said, she has run a pretty bizarre campaign, including the "fat shaming" tactic used on Reed, covered by local and national media, the most recent being Fox News: Robertson recently received a, ahem, major endorsement.  Bowzer from 1970's group Sha Na Na. A local Fox News affiliate reports:
If you're a fan of doo wop then you probably know all about the popular seventies band Sha Na Na. Tonight the band's infamous "Bowzer" was in Owego to show his support for Congressional Candidate Martha Robertson. As the candidate for District 23, Robertson is fighting for the rights of seniors in the Southern Tier. "Bowzer" spoke about the importance of senior benefits and of course played a little bit of music.
There's no embed code for the video, but you can watch it here. The Featured Image shows Robertson and Bowzer on stage with Robertson and a handful of supporters (staffers?): Here's the crowd gathered for this major endorsement. Robertson and the same handful of people:

The United Nations Human Rights Council (UNHRC) has appointed a former New York State judge, Mary McGowan Davis to be the third commission member to investigate possible war crimes that might have occurred during Operation Protective Edge. The commission is to be headed by Prof. William Schabas. UN Watch reports:
The President of the United Nations Human Rights Council, Ambassador Baudelaire Ndong Ella (Gabon), today announced the appointment of Mary McGowan Davis as an additional member of the Commission of Inquiry charged with investigating human rights violations in the Occupied Palestinian Territory, in particular the occupied Gaza Strip, in the context of the military operations conducted since 13 June 2014. Justice McGowan Davis will join William Schabas and Doudou Diène whose appointments were announced by the Council President on 11 August. ... In carrying out its work, the Commission of Inquiry will aim to establish the facts and circumstances of human rights violations and crimes perpetrated in order to identify those responsible. The Council also requested that the Commission of Inquiry present a written report to the Human Rights Council at its twenty-eighth session in March 2015.
The report will unofficially be called Goldstone II after the Goldstone report, headed by Judge Richard Goldstone of South Africa launched by the UNHRC after Israel's Operation Cast Lead in 2008-9 to stop rocket fire by Hamas from Gaza.

Another Gaza ceasefire has been announced, this time without a time limit. Via The Times of Israel:
Army Radio quotes “the most senior and official” Israeli government source confirming that Israel has accepted the Egyptian proposal for an open-ended truce. The official says the terms do not include any response to Hamas demands, including those for a seaport, airport, prisoner releases, or transfer of funds to pay salaries. He adds that those issues will be discussed in a month, if the quiet proves itself. Hamas’s spokesman in Gaza, Sami Abu Zuhri, is hailing victory for several reasons, Army Radio reports — for example, because it imposed what he calls an “air blockade” on Israel, a reference to the suspension by many foreign airlines of flights to Ben Gurion Airport for two days last month. It also forced Israelis close to Gaza to flee their homes, he says. They can return now, he says, because Hamas has decided they can — not because Netanyahu has decided they can.
Needless to say, Hamas is claiming a great victory even though it got almost no concessions in the Egyptian proposal in the streets:
Fireworks and celebratory gunshots are heard in the Gaza Strip as its residents celebrate what Hamas spokesmen have hailed as a resistance “victory” against Israel, Al Jazeera reports.

Just a quick note on a pretty good 24 hours for the Second Amendment with a pair of favorable Federal court decisions out of California and Louisiana, respectively.

Federal Court Rules California 10-day Waiting Period Unconstitutional (for Some)

As reported by Calguns, California's 10-day waiting period for gun purchases has been ruled unconstitutional (for all least some residents), in Silvester v. Kamala, in the US District Court for the Eastern District of California (full decision embedded below):
California’s 10-day waiting period for gun purchases was ruled unconstitutional by a federal judge this morning in a significant victory for Second Amendment civil rights. The laws were challenged by California gun owners Jeffrey Silvester and Brandon Combs, as well as two gun rights groups, The Calguns Foundation and Second Amendment Foundation. In the decision released this morning, Federal Eastern District of California Senior Judge Anthony W. Ishii, appointed to the bench by President Bill Clinton, found that “the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment” as applied to members of certain classifications, like Silvester and Combs, and “burdens the Second Amendment rights of the Plaintiffs.” Under the court order, the California Department of Justice (DOJ) must change its systems to accommodate the unobstructed release of guns to gun buyers who pass a background check and possess a California license to carry a handgun, or who hold a “Certificate of Eligibility” issued by the DOJ and already possess at least one firearm known to the state.
Here's the full decision:

I hate when people refer to a column as "important," because the reality is that few columns are important in the real world. But I consider the column at The Tablet written by former AP Middle East reporter Matti Friedman to be important. Readers have been emailing and tweeting the link at me at a somewhat furious pace. Friedman lays bare both the explicit and implicit biases of media coverage of Israel and how that bias is part of a larger narrative seeking Israel's destruction. Here are some excerpts from An Insider’s Guide to the Most Important Story on Earth, but of course, go and read the whole thing and share it widely:
The lasting importance of this summer’s war, I believe, doesn’t lie in the war itself. It lies instead in the way the war has been described and responded to abroad, and the way this has laid bare the resurgence of an old, twisted pattern of thought and its migration from the margins to the mainstream of Western discourse—namely, a hostile obsession with Jews. The key to understanding this resurgence is not to be found among jihadi webmasters, basement conspiracy theorists, or radical activists. It is instead to be found first among the educated and respectable people who populate the international news industry; decent people, many of them, and some of them my former colleagues....

We already know that ISIS is “beyond anything we’ve seen;" that they're prodigiously well-funded; that they marry radical Islamic ideology with brutal paramilitary tactics; and that they could pose a threat beyond the confines of the Middle East. What we don't know is the scope of the immediate threat to U.S. assets in the Middle East outside of Iraq. That's why President Obama has approved the use of drone technology in Syria to aid in the military's air surveillance efforts. Via the Wall Street Journal:
The U.S. military's Central Command, which oversees American operations in the region, requested more surveillance aircraft, including drones, to gather more intelligence on potential Islamic State targets, and officials said they could start flying missions over eastern Syria shortly.
Of course, the question on everyone's mind is whether or not drone surveillance will translate into the use of drones to take out hostile targets. The U.S. Military's Central Command, however, has not indicated that they intend to use the drones for that purpose at least for now:
"The Pentagon is preparing to conduct reconnaissance flights over Syria," a senior U.S. official said. "There is no decision yet to do strikes, but in order to help make that decision, you want to get as much situational awareness as possible."
It doesn't help matters that Syria has been locked in its current conflict since early 2011. The Syrian Civil War started three years ago with mostly peaceful protests against the rule of President Bashar al-Assad. Since then, almost 200,000 people have died amidst clashes that have spread beyond Syria and into northern Iraq and Lebanon.