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January 2015

Posted by Kemberlee Kaye on January 29, 2015 17 Comments
Last year, Mohamed Elibiary was let go amidst allegations he misused classified documents, and also for his long history of extremist views. And he's not shy about his views. Last year, while still serving as a DHS advisor, Elibiary tweeted that the return of the Caliphate was inevitable. A Tweet that ISIS supporters seemed to love. Regularly taking to Twitter to voice his interesting opinions, yesterday Elibiary mocked Christians and called Governor Jindal a "bottom feeder." Mind you, Elibiary self-identifies as a Republican. Here's a picture of his Twitter profile.

Posted by Amy Miller on January 29, 2015 26 Comments
Legal Insurrection is not a media "watchdog"-type blog. We understand that the New York Times operates on a bias, and that 90% of what is said on MSNBC is generally garbage that should be ignored. This, however, cannot be ignored. I think that by now we've all seen the liberal freakout that has dominated in the wake of the fantastically successful release of "American Sniper." We acknowledge the reality of the divide between conservatives and some progressives over the need for armed conflict, and its resulting debates. But what's been happening with regards to the narrative about this movie as it relates to Chris Kyle's legacy is beyond shameful. Check out what this guest on MSNBC's "Morning Joe" had to say about what troubles him regarding the spotlight that has recently been shone on "American Sniper" protagonist Kyle:

Posted by William A. Jacobson on January 29, 2015 22 Comments
Earlier today we reported that controversial former professor Steven Salaita had filed a federal lawsuit over his non-hiring. I identified what I saw as a glaring defect in the Complaint. The University of Illinois has responded with a Statement which previews how the case will be defended. The defense hones in on what I saw as a glaring defect in the Complaint, namely that Salaita never claimed that anyone -- much less anyone with authority -- promised him that Board of Trustees approval was not needed or waived. As such, Salaita will have a more difficult time converting a contingent offer into an enforceable agreement. Similarly, much like the official faculty committee, the University views the tweets in the context of Salaita's fitness, citing a tweet from June, before the Gaza fighting:
Specifically, Dr. Salaita began making a series of statements via social media on precisely the subject matter that he proposed to teach at our University. For example, on June 19, 2014, after three Israeli teenagers were reported kidnapped and presumed dead, Dr. Salaita posted a statement on Twitter which read: “You may be too refined to say it, but I’m not: I wish all the f**king West Bank settlers would go missing.” Dr. Salaita continued to post this comment even after the three teens were found murdered later that month.... These statements and many more like them demonstrate that Dr. Salaita lacks the judgment, temperament and thoughtfulness to serve as a member of our faculty in any capacity, but particularly to teach courses related to the Middle East.
The University denies that donor pressure influenced the decision. Presumably, as Chancellor Wise said in an interview recently, the university constantly gets donor complaints on a variety of issues, including sports. Those among Salaita's BDS supporters -- who have driven the protests -- who thought that Salaita had a strong case may be in for a rude awakening. They want to put the university, the Chancellor and the donors on trial, but Salaita may find himself on trial. As someone who handled employment cases as a large part of my private practice prior to joining academia, almost always for the employee, the Salaita case will be no easy win, no matter how much supportive websites with an anti-Israel agenda and pro-BDS faculty tweet out support and urge Salaita on. When this story first broke on August 6, I asked the following question to readers:

Posted by Leslie Eastman on January 29, 2015 10 Comments
ISIS sure has been busy recently, between the prisoner swapping and executions. However, it looks like some of their members had some time for sightseeing. Sadly, they took some high explosives with them.
Nineveh (IraqiNews.com) A Kurdish official revealed on Tuesday evening that the ISIS organization had bombed large parts and tracts of the ancient Nineveh wall, indicating that such an act violates the right of human culture and heritage. The media official of the Kurdistan Democratic Party (KDP) in Mosul, Saed Mimousine said in an interview for IraqiNews.com, “ISIS militants blew up today large parts and expanses of the archaeological wall of Nineveh in al-Tahrir neighborhood,” explaining that, “The terrorist group used explosives in the process of destroying the archaeological fence.” Mimousine added, “The Wall of Nineveh is one of the most distinctive archaeological monuments in Iraq and the Middle East,” adding that, “The fence dates back to the Assyrian civilization.” Mimousine stressed that, “Bombing the archaeological monuments by ISIS is a flagrant violation of the right of human culture, civilization and heritage,” calling the international community to “take a stand to curb the destruction of historic monuments.”
Frankly, for ISIS, the violation of human rights is more of a feature instead of a bug in its operating system. For example, the group also destroyed the Tomb of Jonah. And Nineveh, one of the oldest and greatest cities in antiquity, is an Iraqi treasure. But, I digress. I recently noted that Egypt's cultural treasures were now safe from the country's Islamic extremists. However, its citizens are a target for ISIS.

Posted by William A. Jacobson on January 29, 2015 11 Comments
Steven Salaita, the controversial former professor who was denied a tenured job at the University of Illinios at Urbana-Champaign, has filed a lawsuit against the university trustees and unnamed ("John Doe") donors who allegedly pressured the university. The one trustee who voted in favor of hiring, James Montgomery, was not named as a defendant. Chancellor Phyllis Wise also was named as a defendant. The lawsuit was filed in the Northern District of Illinois, rather than the Central District where the campus is located, based on the Trustees having voted not to hire Salaita at a meeting in Chicago. Strategically, Salaita presumably prefers a Chicago jury, if it gets to that. More details and an embed of the Complaint to follow (now full embed at bottom of post). Steven Salaita v Christopher Kennedy et al - Complaint Cover Page

Posted by William A. Jacobson on January 29, 2015 34 Comments
Claims by anonymous sources that the Obama administration is deeply offended by a "breach of protocol" in the planned appearance by Benjamin Netanyahu at a joint meeting of Congress are increasing. The New York Times quotes an unnamed official as saying the anger goes beyond John Boehner and Netanyahu, to the Israeli Ambassador:
The Obama administration, after days of mounting tension, signaled on Wednesday how angry it is with Israel that Prime Minister Benjamin Netanyahu accepted Republican leaders’ invitation to address Congress on Iran without consulting the White House. The outrage the episode has incited within President Obama’s inner circle became clear in unusually sharp criticism by a senior administration official who said that the Israeli ambassador, Ron Dermer, who helped orchestrate the invitation, had repeatedly placed Mr. Netanyahu’s political fortunes above the relationship between Israel and the United States.
William Kristol argues that Obama views Netanyahu as an impediment to appeasement of Iran, much as Churchill was viewed with regard to the rise of fascism in Germany:
It is Obama's failures that explain his anger—his failures, and his hopes that a breakthrough with Iran could erase the memories of failure and appear to vindicate his foreign policy. Israel stands in the way, he thinks, of this breakthrough. Prime Minister Netanyahu stands in the way. And so Obama lashes out.

Posted by Mike LaChance on January 29, 2015 15 Comments
Remember when Harry Reid and other Democrats thought they could retain control of the Senate by demonizing the Koch brothers? In November of 2014 that strategy proved to be a loser---but Democrats learned nothing. Sean Sullivan and Anne Gearan of the Washington Post reported yesterday:
Democrats see new chance to attack Kochs after $1 billion spending announcement Forget Jeb, Rand and Ted. For Democrats, it’s all about Charles and David. The announcement this week that the vast political network backed by the wealthy industrialist Koch brothers aims to spend nearly $1 billion on the 2016 elections has reignited Democratic hopes of casting the brothers as electoral villains and linking them closely to Republican candidates. It’s a campaign strategy that yielded little success for the party in 2014, a banner year for the GOP. But Democratic officials and operatives say they are hopeful that their anti-Koch message will have more potency in a presidential election year.
Sally Kohn, who somehow has a job writing for CNN, jumped right on the bandwagon:
A better way for the Kochs to spend their millions Here comes spendageddon! To influence the 2016 elections, oil barons Charles and David Koch have pledged that their political network will spend $889 million, media reports say. Basically -- wrap your head around this if you can -- the ultra-conservative Koch brothers want to keep their business and personal taxes as low as possible and keep regulations on the energy industry as low as possible. And if they get their way, that $889 million in money donated by the Kochs and others to the groups they founded, will turn out to be just a drop in the bucket, a small investment for which they stand to gain much more in tax breaks and free pollution.
I fail to see how the libertarian Kochs, who favor gay marriage and the legalization of marijuana, qualify as "ultra-conservative"; but I'm clearly not as smart as Ms. Kohn.

Posted by Leslie Eastman on January 29, 2015 17 Comments
In an ill-omened trip, Secretary of State John Kerry headed to India to pave the way for a climate change deal, missing the important Paris march against terror. I was skeptical that the Indians would warm to any carbon emissions agreement, given the level of poverty in that country and need to rapidly modernize its industry. He should have listened to me, because he just emitted a whole lot of greenhouse gas for no reason. The Indians rejected the deal.
President Barack Obama has left India for Saudi Arabia without inking a climate deal that formed much of the basis for his second trip to the subcontinent. The Hindustan Times reported on Tuesday that India has refused to embrace the idea of a 'peaking year' for greenhouse gas emissions – a designated year after which emissions levels would have to start decreasing. China agreed to that sort of framework last year, but Indian officials now see being lumped in with Beijing as a negative thing. India is the world's fourth-biggest carbon emitter. China is number one. 'Having a peaking year was not acceptable to us,' an Indian environment ministry official told the Times. Obama visited India on Air Force One, a plane that burns five gallons of jet fuel for every mile it flies. His round-trip, including a stop in Saudi Arabia, will emit 809 tons of CO2 into the atmosphere.
The President did offer the Indians $1 billion to develop green technology to sweeten the deal...which is fascinating, because American green technology ventures sponsored by this administration have been man-made disasters.

Posted by William A. Jacobson on January 28, 2015 8 Comments
On Tuesday night, January 27, 2015, I spoke at the Rochester (NY) Jewish Community Center on the topic of Boycotting Israel - The insidious threat of the BDS movement I was invited to speak by Rochesterians for Israel (Roc4Israel), a very active multi-faith group. The official attendance count was 354 people, quite a crowd. Before my speech, the organizers played the video of the Cornell student harassed and attacked by anti-Israel activists on campus, as well as a video of aggressive anti-Israel campus activities: (Language Warning) (BTW, that "Gandhi Quote" is fake.) In my speech I put the aggressiveness of anti-Israel student groups in context. I focused on the academic boycott movement pushed by faculty professional organizations, which deprives faculty, students and the greater academic community of academic freedom.

Posted by Amy Miller on January 28, 2015 28 Comments
Rick Perry may have had a successful political weekend in Iowa, but when it comes to legal issues, the former Texas Governor's troubles are just as real as ever. Last year, a grand jury indicted Governor Perry on two felony counts over abuse of power allegations; since then, Perry and his legal team have made several futile attempts to convince a judge to dismiss the indictment---and they just lost another round, meaning that for the time being, the indictment stands, and the criminal case will be allowed to drag on. From the Austin-American Statesman:
The ruling by Judge Bert Richardson, a San Antonio Republican, comes five months after Perry’s attorneys filed the writ of habeas corpus, a sign of the slow speed at which the case is churning through the criminal justice system. Immediately after the ruling, Perry’s attorneys filed formal documents appealing the ruling to the Austin-based 3rd Court of Appeals, a process that could take several months and stall possible resolution of the case. ... Attorneys for Perry, who as of last month had spent $1 million in campaign money for his defense, had said in the request that Richardson should dismiss the charge and largely cited “Constitutional grounds.” The petition contended the “Texas Constitution imposes no limits on the governor’s right and duty to veto; he exercises unbounded discretion in exercising his veto power, subject only to the Legislature’s right to override that veto,” among many other claims. They also said the prosecution threatens to violate Constitutional separation of powers and said that Perry, in vetoing the money, was acting in his legislative capacity. “Nothing in the Texas Constitution or law permits the judicial department to scrutinize Gov. Perry’s legal decision,” the September filing said. Special prosecutor Michael McCrum replied in a written response that a jury should weigh evidence against Perry. “The defendant argues he did not break the law. The state alleges he did. This is precisely why the justice system exists: to resolve these types of disputes,” McCrum told Richardson in a November filing.
Same story, different ruling.

Posted by Amy Miller on January 28, 2015 4 Comments
The situation for two hostages held by ISIS is rapidly spiraling. Officials in Jordan have agreed to the Islamic State's demands for a hostage swap, but added their own conditions to the mix, which could complicate things for hostages Muath al-Kaseasbeh and Kenji Goto. Via Fox News:
In the case of the ISIS prisoner, Jordanian government spokesman Mohammed al-Momani said in a statement the nation was prepared to free Sajida al-Rishawi, who was convicted of taking part in a 2005 deadly hotel bombing that killed 60 people, if the Jordanian pilot, Lt. Muath al-Kaseasbeh, is released unharmed. His comments were carried by Jordan's official Petra news agency. Although he made no mention of Japanese journalist Kenji Goto, a hostage audio message released by Islamic State a day earlier tied Goto's fate to that of Al-Rishawi, as well. Jordan is reportedly in indirect talks with the militants through religious and tribal leaders in Iraq to secure the hostages' release. The chairman of the foreign affairs committee of Jordan's parliament, Bassam Al-Manasseer, has been quoted as saying that Jordan and Japan would not negotiate directly with the Islamic State group and would not free al-Rishawi for the Japanese hostage only.
According to officials in Jordan, the negotiators have requested but not yet received proof that Muath is alive. Goto's status is also unknown.

Posted by William A. Jacobson on January 28, 2015 24 Comments
Blogger Burnout. A frequent topic here, first visited on January 15, 2009, Add “Blogger Burnout” To The List Of Blogger Ailments. For those of you keeping track, that would be about 3 months after I started Legal Insurrection. Three months! Even then I realized that being a blogger could be about the most burning-out of things. After a while, I got Sick and Tired of Blogger Burnout Stories:
Okay, blogging is tough. We get it. Great Grandma and Grandpa had it easy, with rotary phones and all (“You mean your Great Grandparents had a phone?”). If I hear another blogger complain about blogger burnout, I’m going to scream.... Let me guess, you worked the fields all day, so you don’t have the strength to push down on the keyboard with your bloodied, swollen fingers? ... Haven’t you figured it out, there is only one original blog post which, like the source yeast at the Guinness brewery, has been kept alive for generations so that others may cut from and paste to it. It’s not rocket science.
Yet I endured. Somehow. Somewhere. There was a place for us. Somewhere, a place for us in this internet.

Posted by Andrew Branca on January 28, 2015 22 Comments
We noted here back in November that 34-year-old Marissa Alexander--facing up to 60 years in prison for firing a bullet past her husband's head and her two step-children--had once again been offered, and this time accepted, a 3-year plea agreement:  UPDATED: “Warning shot” defendant accepts 3-year plea deal. The renewed 3-year plea counted much of Alexander's time already served, resulting in her release from jail yesterday:  Judge: Marissa Alexander released to house arrest. video platformvideo managementvideo solutionsvideo player Alexander's failure to accept a similar agreement in the immediate aftermath of the 2010 shooting led to her conviction and three concurrent 20-year mandatory minimum sentences under Florida's "10-20-Life" law (§775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison).  She earned a re-trial after the appellate court correctly found that there was a substantive defect in the trial court's self-defense jury instructions.  In the meantime, the Florida law on "10-20-Life"  had changed to require that sentences be served consecutively, so that Alexander now faced a mandatory minimum of 60 years.

Posted by Amy Miller on January 28, 2015 58 Comments
Michelle Obama made waves this week with her decision to not wear headscarf during her visit to Saudi Arabia. Although reactions to her decision were mixed, the reaction on social media gave birth to a hashtag accusing the first lady of immodesty---a heady violation in one of the few remaining countries requiring women to cover their heads in public. Via Politico:
On Twitter, Saudis used a hashtag that translates to “#Michelle_Obama_Immodest” or “#Michelle_Obama_NotVeiled” to chastise the first lady for being disrespectful to Saudi traditions. ... Some on Twitter noted that Obama had covered her hair during a visit to a mosque in Indonesia and wondered why she hadn’t done the same, Egypt’s Ahram Online noted, while one woman urged fellow Saudis not to “make Obama angry at us.” The first lady’s office had no comment on her attire.
Twitter is still chirping about it:

Posted by Amy Miller on January 28, 2015 3 Comments
Modern-day slavery. When I lived in Texas, I learned more about the horror and despair of human trafficking than I ever thought there was to know. It's the fastest growing business of organized crime, and especially in places along the border, it shows. It took me a long time to truly understand that, in (then) 2012, there were still people in this country whose trade involved the exchange of money for human flesh. The U.S. House of Representatives is taking advantage of this week's Super Bowl hype to tackle the problem head-on. Right now, human traffickers are shipping in their young victims to take advantage of the influx of tourists into Phoenix, Arizona---and while the police can help combat the rampant exploitation, they don't have the manpower or resources to reverse the tide. The House has launched a sweeping initiative to fight the horrors of human trafficking, and they're starting with a dozen bills and a big messaging push aimed at helping people understand how dangerous the situation has become for 20 million people worldwide: From the House Republican Caucus:

Posted by Mike LaChance on January 28, 2015 26 Comments
Charles Krauthammer was on the O'Reilly Factor last night to discuss the Republican contenders for 2016. Wisconsin governor Scott Walker got some kind words from Dr. K, who said that his speech in Iowa last weekend changed things. Watch: You'll notice in the video that O'Reilly and Krauthammer both reference compliments Scott Walker recently received from Rush Limbaugh. Here's a sample from Limbaugh's site:
Scott Walker Wows 'Em in Iowa Scott Walker wowed them in Iowa at whatever this thing was, this Republican, slash, conservative, just wowed them. And you know me, folks, if you have spent any time listening to this program in the last two years, you know that I believe Scott Walker is the blueprint for the Republican Party if they are serious about beating the left. Scott Walker has shown how to do it. And apparently he showed up and he made a speech on Saturday that had people telling them it reminded them of the speech I gave at CPAC... Scott Walker has shown the Republican Party how to beat the left. Scott Walker has the blueprint for winning and winning consistently and winning big in a blue state with conservative principles that are offered with absolutely no excuses. The left, the Democrat Party, threw everything at Scott Walker trying to destroy him. They did everything they could. He not only withstood it all, he survived and triumphed over all of it. They broke rules. They got close to breaking laws. They were threatening his family personally, and he remained undeterred.
Some bloggers are pretty excited about Walker. @rdbrewer from Ace of Spades HQ is already making campaign posters:
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