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June 2015

Posted by Amy Miller on June 19, 2015 2 Comments
Today, federal prosecutors charged 21 year-old Samuel Rahamin Topaz with attempting to assist ISIS, and with conspiring with three other Americans to join the fight in the Middle East. He was arrested Wednesday after officials discovered evidence that led them to believe Topaz was providing material support to a terror organization. One of his alleged co-conspirators, Munther Omar Saleh, 20, was arrested earlier this week on similar charges, and another, Fareed Mumini, 21, was arrested after attempting to stab an FBI agent during the execution of a search warrant. Topaz appears to have panicked after Selah's arrest, and may have been planning to move forward with plans to travel to the Middle East. The New York Times has the background:
Earlier this year, a friend of Mr. Topaz’s began talking to the authorities. He told them several people, including a man who fits Mr. Saleh’s description, were “trying to recruit” Mr. Topaz for overseas travel by “preying” on his insecurities, according to a criminal complaint prepared by an F.B.I. special agent. In a text message in May to the alleged co-conspirator who fits Mr. Saleh’s description, the complaint says, Mr. Topaz wrote: “And bro I’m not sure how much longer I can take not being in the dawla honestly,” referring to the Islamic State. They discussed traveling to Turkey and then the Islamic State, and Mr. Topaz described efforts to raise money for the trip. Mr. Saleh replied at one point: “Then ur gonna enter the land of no music, and no Preverts taking girls out to violate them, no intoxication, no Filth, period! Allahu akbar!”

Posted by Kemberlee Kaye on June 19, 2015 15 Comments
Through the course of conversation, I found many of my freedom-loving friends had never heard of Juneteenth. Being a native Texan living right up the road from Galveston, maybe I've taken for granted that the 19th of June has always been a day of significance and celebration. President Lincoln issued the Emancipation Proclamation on January 1, 1863 two years into the Civil War, but the proclamation's issuance didn't trigger nationwide freedom for the enslaved. While the Civil War came to a welcome end on June 2, 1865, it wasn't until June 19th that the last slaves learned they were free. It was on Juneteenth that Union General Granger read "General Order No. 3" on the balcony of Galveston's Ashton Villa.
The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of personal rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and hired labor. The freedmen are advised to remain quietly at their present homes and work for wages. They are informed that they will not be allowed to collect at military posts and that they will not be supported in idleness either there or elsewhere.

Posted by Kemberlee Kaye on June 19, 2015 13 Comments
The progressive opposition research machine/PAC thing, American Bridge, is wetting their britches over what might be the absolutely lamest "gotcha" video I've ever seen. American Bridge describes itself as a, "progressive research and communications organization committed to holding Republicans accountable for their words and actions and helping you ascertain when Republican candidates are pretending to be something they’re not." They send trackers to all kinds of meetings in the hopes of catching a Republican candidate or politician spilling their deepest, darkest, Koch-funded secrets. The super secret Jeb video was described as follows:
Only a day into his official campaign for president, Jeb Bush fielded a town hall question about Social Security. And it didn’t take him long to slam the critical seniors’ program. Then he started talking about his brother — the brother who, as president, notoriously went all-in trying to make partial Social Security privatization happen. And not to leave any question lingering, Jeb made sure to note that “the next president” would have to try what his brother did again. This, from the guy who’s running to be the next president. We caught it on video. You need to watch it for yourself and share this with your friends.

Posted by Kemberlee Kaye on June 19, 2015 21 Comments
Former Speaker of the House Newt Gingrich moonlights as a tech reporter for Mashable. Friday, Mashable published Gingrich's first tech review -- the Apple Watch. Gingrich has been field testing the Apple Watch this month and decided to test it's usability at a TSA checkpoint:

Posted by William A. Jacobson on June 19, 2015 2 Comments
There is a growing "boycott the boycotters" movement afoot in the United States, targeting the anti-Israel Boycott, Divestment and Sanctions (BDS) movement. On the federal level, the 1970s-era anti-boycott legislation addressing the Arab League boycott of Israel is being supplemented by legislation to address the new BDS-form of boycott.  Provisions in pending trade legislation would require that free trade agreements with the European Union impose anti-BDS goals.  A House Resolution has been introduced condemning BDS, and simlar resolutions were passed in Tennessee and Indiana. Illinois and South Carolina have gone further, and passed anti-BDS legislation. The New York State Assembly just passed an anti-BDS resolution, as a prelude to anti-BDS legislation:

Posted by Andrew Branca on June 19, 2015 14 Comments
This past Tuesday, the 9th Circuit held oral arguments en banc on two consolidated Second Amendment cases, Peruta v. County of San Diego and Richards v. County of Yolo. For a bit of background on this matter, please refer to yesterday’s post, “Full 9th Circuit hears 'Good Cause' 2A Ruling,” in which we provide this relevant background as well as a discussion of the pro-Second Amendment side of the argument as presented by Attorneys Paul Clement and Alan Gura. In this post we cover the gun control side of the argument as presented by Attorneys Edward Dumont, for the State of California and San Diego County, and John Whitesides, for Yolo County. We also include the three-minute rebuttals each by Clement and Gura, thus completing the entirety of the en banc hearing. Video of the full-length en banc hearing can be viewed in here, if you’ve the inclination. Also, a full-length rough transcript of the hearing is embedded at the bottom of this post.

Posted by Amy Miller on June 19, 2015 7 Comments
Yesterday the House voted 218-208 to approve the "fast-track" Trade Promotion Authority bill. 28 Democrats sided with pro-trade Republicans, sending the measure on to the Senate. The House took a previous vote on TPA last week, and passed the measure; however, the bill was paired with the TAA, the Trade Adjustment Assistance measure Democrats insist is crucial to protecting American workers from jobs moving overseas. TAA failed to pass, which stalled both TPA and TAA in the House. Yesterday's vote, however, sets up a new series of challenges for Senate leadership if they want to send TPA to the White House. Pro-TPA members of Congress still have a long way to go to approve the "fast track" procedure. TPA is off to the Senate, but TAA remains in limbo:
If the two move separately, Republicans and the White House will have to convince Senate Democrats to back fast-track on the promise that TAA will move forward at a later time. The president spoke with a group of Senate Democrats on Wednesday at the White House, and talks continued in the Senate on Thursday on a way to give the president trade promotion authority, also known as fast-track.

Posted by Andrew Branca on June 18, 2015 43 Comments
Matthew Apperson, the man who tried to shoot George Zimmerman through the head last month, has been charged today with attempted murder (FS § 782.04), shooting into an occupied vehicle (FS § 790.19), and aggravated assault with a firearm (FS § 784.021), according to CNN. These charges also make Apperson vulnerable to sentencing under Florida's 10-20-Life law (FS § 775.087), with a mandatory minimum of 20 years served consecutively with any other sentences. State Attorney Phil Archer appears confident about the charges filed, but Apperson's attorney, Michael LaFay, continues to argue that his client shot at Zimmerman in self-defense:
"Our law enforcement community and the State Attorney's Office works vigorously to ensure people may travel our busy streets, going about their business, without fear. Every resident and visitor to Seminole County deserves this freedom," said State Attorney Phil Archer. "My reaction to these charges is a pronounced shrug," Apperson's attorney Michael LaFay told CNN. "I've reviewed the charges and they don't change the facts. The prosecutors have put their heads together and tried to contemplate what could be the most serious charges, but that doesn't really change anything. This is a case of self-defense."

Posted by Amy Miller on June 18, 2015 22 Comments
The OPM mega-breach has created a nice bipartisan coalition in Congress---against the bureaucrats who allegedly did nothing to stop it. This week, members of Congress called for the resignation of OPM chief Katherine Archuleta after testimony revealed that security protecting OPM's databases is so inadequate that some believe the systems should be shut down entirely. During a 2-hour hearing before the House Oversight Committee, Chairman Jason Chaffetz (R-Utah) let loose on Archuleta, calling the breach "most devastating cyberattack in our nation's history" and demanding to know why OPM was seemingly ambivalent about how vulnerable its systems were to attack. Via Ars Technica:
House Oversight Chairman Jason Chaffetz (R-Utah) told Archuleta and OPM Chief Information Officer Donna Seymour, "You failed utterly and totally." He referred to OPM's own inspector general reports and hammered Seymour in particular for the 11 major systems out of 47 that had not been properly certified as secure—which were not contractor systems but systems operated by OPM's own IT department. "They were in your office, which is a horrible example to be setting," Chaffetz told Seymour. In total, 65 percent of OPM's data was stored on those uncertified systems. Chaffetz pointed out in his opening statement that for the past eight years, according to OPM's own Inspector General reports, "OPM's data security posture was akin to leaving all your doors and windows unlocked and hoping nobody would walk in and take the information."

Posted by William A. Jacobson on June 18, 2015 21 Comments
Brian Williams flamed out at NBC Nightly News when it was revealed he exaggerated or invented parts of his life story. Williams was put on leave, and now will be on MSNBC:
In its investigation of embattled “Nightly News” anchor Brian Williams, NBC found that the majority of his tall tales about his reporting took place on late night talk shows and in public appearances rather than while he was on the network. That distinction appears to have been a major factor in NBC’s decision to keep Mr. Williams, albeit in a diminished role at the network’s sister cable news channel MSNBC. Lester Holt, who has been filling in for Mr. Williams on “Nightly News” since February, was named the permanent anchor.... In his new role, Mr. Williams will anchor breaking news stories and special reports for MSNBC and primarily appear in the daytime. MSNBC’s evening schedule is mostly political talk shows. “Brian now has the chance to earn back everyone’s trust,” said NBC News Chairman Andy Lack. “His excellent work over 22 years at NBC News has earned him that opportunity.”
The move is being seen as saving Williams' career, but the real beneficiary might be MSNBC, which is in freefall:

Posted by Kemberlee Kaye on June 18, 2015 20 Comments
Sid Blumenthal's testimony before the House Select Committee on Benghazi created even more questions about former Secretary Clinton's private email usage. Blumenthal provided the committee with 60 new emails; emails the committee says the State Department did not provide. The State Department kicked the can back to Mrs. Clinton saying they didn't turn over the Blumenthal emails because Mrs. Clinton never passed them on to the State Department. This revelation only confirms suspicions that emails relevant to the Benghazi investigation exist, but have not been handed over to either the State Department or the House Select Committee. Fox News reports:

Posted by Kemberlee Kaye on June 18, 2015 59 Comments
Up until Wednesday night, I figured the push to have a woman's mug gracing American currency was nothing more than internet fun. Apparently, this is a thing that's actually happening. Late Wednesday evening, Benny Johnson and Justin Green of IJ Review reported the new $10 could be available as soon as 2020:
The Treasury Department is preparing to announce that they are putting a woman on the $10 bill, as a source has confirmed what appears to be a premature tweet. Treasury Secretary Jack Lew will announce Thursday that the Bureau of Engraving and Printing will put a woman on the bill as soon as 2020.
The Treasury attempted to be female friendly in 1978 when they printed $1 coins featuring Susan B. Anthony's face. Only 1/3 of the coins were circulated though. Despite the convenience of the $1 coin, the fad never really caught on. When it comes to having a woman's face on the cash I use to buy shoes, books, and americanos, I'm indifferent. It all spends the same. If anything, I loathe the idea that because I'm a woman I'm supposed to applaud or champion all women firsts a la "it's time a woman _____!" Being a woman and doing something a man did years before is not in itself an accomplishment. Likewise, slapping a woman's face on a $10 bill isn't a cause to celebrate.

Posted by Leslie Eastman on June 18, 2015 22 Comments
A leaked version of the climate change encyclical written by Pope Francis ignited a storm of controversy earlier this week.
The unexpected leak of Pope Francis’ much-anticipated environmental encyclical has meant the return of something that not long ago was fairly common around the Vatican but had become often dormant during the two-plus years of Francis’ mostly charmed papacy: intrigue. Who leaked it and why? Was this the work of frustrated conservatives in the Vatican, as some experts have speculated? Does it portend big fights at a pivotal October meeting in which church officials are expected to grapple with homosexuality and divorce? Or is it just a tempest in a teapot? “Somebody inside the Vatican leaked the document with the obvious intention of embarrassing the pope,” said Robert Mickens, a longtime Vatican expert and editor of Global Pulse, an online Catholic magazine.
In the wake of this incident, the Vatican revoked the credentials of Sandro Magister, the Italian journalist who has been reporting on the behind-the-scenes development of the papal document.

Posted by Mike LaChance on June 18, 2015 10 Comments
You may recall the horrific story of Colleen Hufford, a 54 year-old Oklahoma woman who was beheaded in 2014 by a co-worker who was a recent convert to Islam. The story shocked the nation and reminded many of the Fort Hood attack; some people insisted it wasn't terrorism but just an act of workplace violence. Holly Bailey of Yahoo News reported at the time:
A beheading in Oklahoma: Was it terrorism or workplace violence? She never saw him coming, according to police. Just after 4 p.m. on Sept. 25, Colleen Hufford, a 54-year-old grandmother and worker at Vaughan Foods in Moore, Okla., was standing in the doorway of the front office in the food processing facility's main building when Alton Nolen, a co-worker who had just been suspended over an argument with another colleague, violently grabbed her from behind. As horrified employees watched, Nolen, a 30-year-old production line worker with a criminal history, savagely sawed at Hufford's throat with a large kitchen knife he had gone home to retrieve, severing her head.

Posted by William A. Jacobson on June 18, 2015 65 Comments
AP reports on the church shooting last night in Charleston, South Carolina:
A white man opened fire during a prayer meeting inside a historic black church in downtown Charleston, killing nine people, including the pastor, in an assault authorities described as a hate crime. The suspect attended the meeting at the church Wednesday night and stayed for nearly an hour before the deaths, police Chief Greg Mullen said. The shooter remained at large Thursday morning and police released photographs from surveillance video of a suspect and a possible getaway vehicle. Mullen said he could not offer a make and model on the dark colored sedan because investigators were not certain about what is shown in the video. The victims were six females and three males, Mullen said Thursday morning. He did not give other details and said names would be released after families were notified. But State House Minority leader Todd Rutherford told The Associated Press that the Emanuel AME Church's pastor, state Sen. Clementa Pinckney, was among those killed.

Posted by Andrew Branca on June 18, 2015 14 Comments
This past Tuesday, the federal 9th Circuit held oral arguments on a re-hearing en banc on two consolidated gun control cases, Peruta v. County of San Diego and Richards v. County of Yolo. Both Peruta and Richards involve a provision of California gun control law that allows county Sheriffs to deny the issuance of a concealed carry permit unless the applicant can demonstrate “good cause” for the permit—typically a showing of some extraordinary risk of danger to the applicant, rather than a mere generalized interest in self-defense. Most California county Sheriffs define “good cause” broadly, such that a mere generalized interest in self-defense is sufficient to qualify an otherwise qualified applicant for a concealed carry permit. The Sheriffs for the Counties of San Diego and Yolo, however, define “good cause” so narrowly as to effectively preclude nearly all applicants from receiving a concealed carry license. The video of the entirety of the hearing, from gavel to gavel, below.  A rough transcript of the portion of the hearing in which the appellants attorneys, Paul Clement and Alan Gura, argue for their clients’ Second Amendment rights also is embedded below.  Both do an outstanding job, but I expect that won't help much before this Circuit.
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