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August 2015

This is the 6th in our look back at the summer 2014 Gaza conflict. On August 26, 2014, the active Gaza fighting stopped with agreement on a ceasefire. How long that lasts is anyone's guess. Hamas is bragging that it has rebuilt tunnels leading into Israel and its rocket stockpiles and production. Hamas had a deliberate strategy of firing from crowded civilian areas both to use civilians as shields and also to run up civilian casualties as part of a media campaign. The international media was bullied on the ground by Hamas operatives, a fact that slowly has leaked out. The latest report from Polish reporter Wojciech Cegielski, I Saw Hamas' Cruel and Selfish Game in Gaza, who describes two specific incidents he witnesses while in Gaza during the fighting:
The first incident happened late in the evening. I was in the bathroom when I’ve heard a loud rocket noise and my Spanish colleague, a journalist who was renting a flat with me near the Gaza beach, started to scream. He wanted to light a cigarette and came to one of the open windows. The moment he was using his lighter, he saw a fireball in front of his eyes and lost his hearing. From what our neighbors told us later, a man drove up in a pickup to our tiny street. He placed a rocket launcher outside and fired. But the rocket failed to go upwards and flew along the street at ground level for a long time before destroying a building. It was a miracle that nobody was hurt or killed.

Speculation abounds as to whether or not Joe Biden will run for President. Amy wrote earlier about a possible endorsement from the President, and now there is word that Barack Obama has given Biden his official 'blessing' to run:
Vice President Joe Biden received President Barack Obama's "blessing" to make a 2016 bid for the White House, according to a senior Democrat. But that's if Biden chooses to run -- the decision is his. While he doesn't need the President's permission, of course, a potential presidential candidacy was among the topics of their lunch Monday at the White House. The President made clear he would not stand in his way or counsel him against a run, the senior Democrat said.
While Biden is trying to downplay things, he's scheduled to meet with some important people this week:
The Vice President was expected to huddle at his home Monday night with Anita Dunn and Bob Bauer, the husband-and-wife team who have been at Obama's side for much of the last decade, two people familiar with the meeting told CNN. Steve Ricchetti, the Vice President's chief of staff, was also expected to attend.

Martin O'Malley is angry at his own party for the lack of Democratic debates, and who could blame him? He's so starved for media attention that he's taken to bashing Donald Trump. O'Malley makes a valid point---what's the DNC so afraid of? David Sherfinski of the Washington Times reported:
Martin O’Malley rips DNC presidential debate schedule Former Maryland Gov. Martin O'Malley on Tuesday ripped the Democratic National Committee over its presidential debate schedule, saying Democrats aren’t going to stand for the “meddling” and “limiting of debate” the DNC is trying to pull. “There are people throughout Iowa and New Hampshire who are outraged that the Democratic party is trying to act in such an un-Democratic way,” Mr. O'Malley said on MSNBC’s “The Rundown with José Díaz-Balart.” “So I think you will see more debates. I plan to go to as many debates as I possible can.” Earlier this month, the DNC released a schedule of six presidential primary debates. The first, an Oct. 13 debate in Nevada, is followed by debates in the other early-voting states of Iowa, New Hampshire, and South Carolina.

Today, Donald Trump renewed his public feud with Fox News anchor Megyn Kelly over comments made during the first GOP primary debate:
Trump repeated a claim on Twitter Monday night that Kelly is a 'bimbo,' and Fox chief Roger Ailes demanded an apology on Tuesday after the billionaire leveled a new series of attacks on Kelly during her first show following a lengthy break. 'I liked The Kelly File much better without @megynkelly,' Trump tweeted while she as on the air. 'Perhaps she could take another eleven day unscheduled vacation!'
Fox News big wig Roger Ailes came out today with a statement demanding Trump apologize to Kelly:

Missouri woman Peggy Hubbard has had enough. Following an incident in St. Louis involving a young black man and the police, she made a video message for #BlackLivesMatter and it has gone viral. Dave Urbanski of The Blaze:
Black mother Peggy Hubbard notes on her Facebook page that she’s from St. Louis. And even though she now lives north of the area’s racial turmoil, watching and listening to Hubbard’s profane-but-precise video takedown of Black Lives Matter protesters is to witness a woman who loves her hometown and hates the choices some people are making there. First Hubbard contrasted how the Black Lives Matter contingent reacted when a 9-year-old girl was fatally shot doing homework on her mother’s bed and the next night when an 18-year-old was fatally shot by police who said he pointed a gun at them. Then she asked, “Last night, who do you think they protested for? The thug. The criminal.” Then Hubbard let loose.

Twitter has effectively shut down a popular and controversial Twitter-scraping service that allowed activists and journalists alike to keep tabs on their favorite (or not so) politicians' and diplomats' online activities. Politwoops and Diplotwoops existed as a way to archive deleted tweets from politicians and diplomats. Twitter cut off their API access (in a nutshell, API access is what allows developers to create programs integrable with services like Twitter) after ruling that preserving and posting deleted tweets violated the site's terms of service. The OpenState Foundation immediately retaliated, claiming that the move constitutes a blow to transparency:
Arjan El Fassed (director of Open State Foundation): ‘What elected politicians publicly say is a matter of public record. Even when tweets are deleted, it’s part of parliamentary history. These tweets were once posted and later deleted. What politicians say in public should be available to anyone. This is not about typos but it is a unique insight on how messages from elected politicians can change without notice.’

Earlier this year, I reported that a Washington D.C. attorney discovered ingrained collusion amongst top level staff in the office of former Oregon governor John Kitzhaber to “spread climate coordination and collaboration to a larger group of governors across the U.S." Investigators have continued to follow the email trail, which has uncovered connections between the EPA regulatory drive and a billionaire, "green jobs" activist:
The White House, statehouses, and nonprofits backed by the billionaire Democrat Tom Steyer worked behind the scenes to create a state-level advocacy network to support controversial new Environmental Protection Agency regulations, newly released emails reveal. Involved in the strategy was a top aide to John Kitzhaber, the former Democratic governor of Oregon, according to emails obtained by the Energy and Environment Legal Institute. Kitzhaber resigned this year in the midst of a scandal involving his fiancée.

The Boycott, Divestment and Sanctions movement has declared that American Jewish musician Matisyahu must be banned from public concerts because he is too pro-Israel. In a report at the anti-Zionist Mondoweiss website,  Benjamin Norton (who criticized the ban at his own website before the post was taken down), lays out the position of Omar Barghouti, leader of the BDS movement, that Matisyahu's support for Israel makes him a bigot who must be banned. Among Matisyahu's alleged sins was supporting the Israel Defense Forces. At the anti-Zionist Electronic Intifada, American BDS leader Ali Abunimah makes the same argument. When Matisyahu finally was permitted to appear on stage at the Rototom Sunsplash Reggae festival in Spain, over the objections of BDS, he was faced with Palestinian flags protesting his appearance.

Last week, the Center for Medical Progress released a "teaser" of their 8th video implicating Planned Parenthood and StemExpress officials in the trafficking of fetal body parts. Until last week, the video's publication had been banned under a temporary restraining order sought by StemExpress; CMP, however, overcame that TRO on free speech grounds, and seized the opportunity to release more footage before StemExpress' attorneys could launch an appeal. Today, CMP released the full video, throwing into full relief the legal situation groups like Planned Parenthood and StemExpress could find themselves in if activists keep digging. In the video, StemExpress CEO Cate Dyer talks with "buyers" about how abortion providers' actions affect how much money the products of abortion---or, as decent human beings like to say, the baby's body---can raise for procurement firms. Watch:

Late last night the IRS filed a Status Report (full embed at bottom of post) disclosing that Lois Lerner used a secret email account for some official business, under the name "Toby Miles." The Washington Times reports:
Lois Lerner had yet another personal email account used to conduct some IRS business, the tax agency confirmed in a new court filing late Monday that further complicates the administration’s efforts to be transparent about Ms. Lerner’s actions during the tea party targeting scandal. The admission came in an open-records lawsuit filed by Judicial Watch, a conservative public interest law firm that has sued to get a look at emails Ms. Lerner sent during the targeting.
The Status Report (embed below) discloses, in relevant part:
On August 24, 2015, the Internal Revenue Service (“Service”) released to Judicial Watch, Inc., a CD containing documents responsive to Judicial Watch’s Freedom of Information Act (“FOIA”) request for Lois Lerner communications regarding the review and approval process for 501(c)(4) applications.... In the process of preparing this status report and for the August 24, 2015, release of Lerner communications, the undersigned attorneys learned that, in addition to emails to or from an email account denominated “Lois G. Lerner” or “Lois Home,” some emails responsive to Judicial Watch’s request may have been sent to or received from a personal email account denominated “Toby Miles.” The undersigned attorneys contacted the Office of IRS Chief Counsel, and IRS Chief Counsel attorneys informed the undersigned attorneys that these denominations refer to a personal email account used by Lerner. (See Pl.’s Mot. for Status Conf., 15 n.8 (Docket No. 20-2) (noting that the Congressional database includes documents that Lerner’s attorneys provided from Lerner’s “personal home computer and email on her personal email” account(s)).)

Both Rep. Donald Norcross (D - N.J.) and Rep. Brendan Boyle (D - Pa.) have announced that they will stand on principle and oppose the nuclear deal with Iran (a/k/a, the Joint Comprehensive Plan of Action or JCPOA.) I know almost nothing about either of these legislators, but I have tremendous respect for them. They are both freshmen and yet they have both announced that they will stand against their party's leader, President Barack Obama, even though the President has made it clear that the JCPOA is a priority. I have little doubt that both men understand the risk; the administration has made it clear that it will not tolerate apostasy. I give a lot of credit to Sen. Chuck Schumer (D - N.Y.) too, because he may have jeopardized his chances of a spot in the leadership by announcing his opposition to the JCPOA. The New York Daily News reported:
Josh Earnest, President Obama’s spokesman, ripped Schumer Friday after the senior New York senator broke with the President over the nuclear deal with Iran. Earnest all but encouraged Senate Democrats to consider Schumer's opposition to the pact when they vote next year to elect a new Democratic leader.

CNN reported last night that President Obama has given his blessing to a 2016 presidential run for Vice President Joe Biden. This news isn't completely unexpected but as Legal Insurrection readers know, it will change the landscape of the Democratic Party's 2016 primary, especially if Elizabeth Warren is involved. From CNN's report by Jeff Zeleny and Peter Morris:
Obama gives Joe Biden 'blessing' for 2016 bid Vice President Joe Biden received President Barack Obama's "blessing" to make a 2016 bid for the White House, according to a senior Democrat. But that's if Biden chooses to run -- the decision is his. While he doesn't need the President's permission, of course, a potential presidential candidacy was among the topics of their lunch Monday at the White House. The President made clear he would not stand in his way or counsel him against a run, the senior Democrat said. The Vice President was expected to huddle at his residence Monday night with Anita Dunn and Bob Bauer, the husband-and-wife team who have been at Obama's side for much of the last decade, two people familiar with the meeting told CNN. Steve Ricchetti, the Vice President's chief of staff, was also expected to attend.

All the way back on July 13, 2015, when Donald Trump's initial rise in the polls caused early onset apoplexia among Republicans, I wrote a column at National Review, Trump’s Lesson: Voters Are Furious about Illegal Immigration:
One section in Trump’s Phoenix speech jumped out at me as capturing especially well what is happening on the ground:
When I started . . . I didn’t think the immigration thing would take on a life like it has. I made some very tough statements about people flowing through, because that’s one of the things, to make our country great again, we have to create borders, otherwise we don’t have a country [italics added].
Any Republican who doesn’t understand what Trump was getting at is hopelessly out of touch with the most motivated portion of the electorate, Republican and otherwise.... The sense that we are losing control of our own country, by the design of politicians, is creating a fury — and an opening for a politician willing to recognize that the problem poses an existential threat to our own freedoms....
That's it. It's the sovereignty. Out of the general illegal immigration theme, Trump is focusing increasingly on the sub-theme of sovereignty:

Those who were around during the Vietnam War protest days remember all those marches on Washington. I attended one, and it was absolutely huge and very impressive. And who can forget the photos of Martin Luther King standing in front of the Washington monument on the Mall? It's not clear how effective or important those marches were, even though they were actually dealing with administrations that appeared to care what the public thought, unlike the present administration. But visuals are powerful and they can affect some lawmakers and some of the public that hasn't made up its mind yet. They also help to rally energy on the part of those who are already aligned with the viewpoint of the demonstrators. And yes, the MSM would spin such demonstrations as it did the Tea Party demonstrations. But the MSM is not the only source of attention these days, and propaganda needs to be countered with better propaganda as well as facts. Facts all by themselves don't quite cut it, unfortunately.

This month, we've seen Donald Trump levy a successful assault against Jeb Bush's presidential campaign. Trump forced Bush into a messaging pivot on immigration, revealed some ruffled feathers in the Bush camp, and successfully dangled reports that several of Bush's donors have approached a Kasich-friendly PAC in Ohio. When it comes to optics, Trump's winning. Trump's latest social media offering, however, may just fall flat on its face. Team Trump put together a short Instagram video featuring family matriarch Barbara Bush uttering the words no Bush in politics ever wants to hear: no more Bushes. Watch:

Even Barbara Bush agrees with me.

A video posted by Donald J. Trump (@realdonaldtrump) on

The three Americans who stopped a terror attack on a train in France over the weekend were given the Legion of Honor award by French President François Hollande. CNN reports:
France honors 3 Americans, Briton for stopping train attack Three days after they pounced on and subdued a gunman Friday aboard a packed train headed to Paris, American childhood friends Anthony Sadler, Spencer Stone and Alek Skarlatos received the Legion of Honor -- France's highest recognition. The Americans, who reportedly met in middle school in California, planned on spending the summer sightseeing together. It was Sadler's first trip to Europe, and National Guardsman Skarlatos was on a monthlong break after serving in Afghanistan. Stone is an Air Force serviceman. They will return to the United States celebrated for their courage and quick action, and for exemplifying teamwork and friendship... "By their courage, they saved lives," President François Hollande said. "They gave us an example of what is possible to do in these kinds of situations."

With Hillary on the ropes over the small matter of an insecure email server, and Elizabeth Warren coyly refusing a public anointing, Democrats appear ready to pull out a wild card just in time for the 2016 primary cycle. Vice President Joe Biden has proven himself to be a savvy politician and excellent campaigner. His occasional exploits quickly transition from offensive to meme-worthy, making him the sort of candidate who has the potential to further endear himself to American voters by way of his willingness to toe the line between charm and spectacle. Of course, the White House is treading carefully on the prospect of a Biden candidacy; with Obama's former Secretary of State all-in for the nomination, a sudden backing of Biden could translate as an abandonment of the Democrats' last great Idea Whose Time Has Come---a woman in the Oval Office. During todays' White House press conference, ABC News correspondent Jon Karl pressed Earnest on the possibility of Biden fielding the presidential endorsement:

Greece's wild ride through the wake of the Eurozone mega-bailout continued to bounce along today as far-left lawmakers split off from the (already far-left) Syriza party to form their own rebel faction. Former energy minister Panagiotis Lafazanis and his fellow malcontents now have three days to bolster the new Popular Unity party and cobble together a coalition government. (Previous efforts to seize control by Syriza's main opponent, the conservative New Democracy party, failed.) Lafazanis has no grand illusions about being able to do so, which means that Greek voters will head to the polls as early as September 20 to elect new representatives. The early election cycle snapped into place after embattled Greek Prime Minister Alexis Tsipras resigned last week amid harsh criticism from his colleagues over the terms of the multibillion dollar bailout. More from the New York Times:
"Some people think they can hide the consequences of the (bailout agreements) from the Greek people," Lafazanis said, commenting on Tsipras' decision to trigger elections, as he met with President Prokopis Pavlopoulos to receive the mandate to form a government. "This is democratic backtracking, if not an undemocratic aberration."