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September 2015

Posted by Fuzzy Slippers on September 05, 2015 17 Comments
A new poll by Rasmussen asks the question: has Obama widened the racial divide?  And 47% believe that he has.  Rasmussen reports:
Americans hoped the election of the first black president in 2008 would help heal the racial division that has plagued this country for much of its history, but nearly half of voters think just the opposite has occurred. Only 20% of Likely U.S. Voters believe President Obama has brought Americans of different races closer together, according to a new Rasmussen Reports national telephone survey. Forty-seven percent (47%) think Obama has driven those of different races further apart instead. Twenty-seven percent (27%) say his words and actions have had no major impact either way . . . . Forty-four percent (44%) of black voters feel the president has brought us closer together, but just 16% of whites and 21% of other minority voters agree. Most whites (54%) believe Obama has driven the races further apart, a view shared by only 21% of blacks and 38% of other minority voters.

Posted by Kemberlee Kaye on September 05, 2015 34 Comments
Joining Lou Dobbs earlier this week, Former Texas Governor Rick Perry was asked to explain his stance on illegal immigration and border security. "I think we need to flesh everyone out from the stand point of of just the rhetoric. When somebody says, "let's build a wall," then I think it's appropriate to say, it's good to have this conversation, it's good that we are having this conversation that now for thirty years, this border has not been secured. We've known it's been a problem," said Perry. Dobbs interjected that he doesn't believe a single candidate talking about immigration issues because, "we've heard it all before."

Posted by Mike LaChance on September 05, 2015 8 Comments
Republican South Carolina senator Tim Scott appeared on CNN yesterday and was questioned by host Brianna Keilar for saying all lives matter. His response was brilliant. Josh Feldman of Mediaite has a partial transcript:
Sen. Tim Scott: If ‘All Lives Matter’ Really Offends You, That’s Your Problem Senator Tim Scott said tonight that if people are honestly offended by him or anyone else saying “all lives matter,” that’s their problem. On CNN tonight, Scott told Brianna Keilar, “If it causes offense to say that all lives matter, black lives, white lives, police officers… if that is somehow offensive to someone, that’s their issue, not mine.”

Posted by Fuzzy Slippers on September 05, 2015 40 Comments
On Tuesday, a police officer was denied service at a Florida Arby's.  Peter Burke reports:
According to an offense report filled out by the officer, identified as Sgt. Jennifer Martin, the officer ordered her food in the drive-through of the restaurant and drove to the window to pay. Martin claims that the clerk, Kenneth Davenport, took her credit card. She said the restaurant's manager, Angel Mirabal, then approached the window and said, "He doesn't want to serve you because you are a police officer." The officer said she told Mirabal that she was uncomfortable and "wasn't certain I wanted to dine at the restaurant." According to the report, Mirabal assured Martin that everything was OK, handed her the food and laughed while telling her that Davenport was allowed to refuse her service. Martin said that she went inside the restaurant, and Mirabal provided her with a refund and his contact information. She said Davenport refused to give her his contact information.
Following this incident at Arby's, the outrage was such that police wives protested outside the Arby's where the incident occurred, and the head of the Broward County Police Benevolent Association, Jeff Marano, called for a nationwide boycott of Arby's.  Arby's responded by issuing an apology and promising to investigate the matter to determine if disciplinary action was warranted.

Posted by Mike LaChance on September 05, 2015 17 Comments
Democrats are probably very happy with the August jobs report and the new unemployment rate of 5.1, but if you look closely at the issue, there's no reason for turning cartwheels just yet. Susan Jones of CNS News:
Record 94,031,000 Americans Not in Labor Force; Participation Rate Stuck at 38-Year Low for 3rd Straight Month A record 94,031,000 Americans were not in the American labor force last month -- 261,000 more than July -- and the labor force participation rate stayed stuck at 62.6 percent, a 38-year low, for a third straight month in August, the Labor Department reported on Friday, as the nation heads into the Labor Day weekend. The number of Americans not in the labor force has continued to rise, partly because of retiring baby-boomers and fewer workers entering the workforce. In August, according to BLS, the nation’s civilian noninstitutional population, consisting of all people 16 or older who were not in the military or an institution, reached 251,096,000. Of those, 157,065,000 participated in the labor force by either holding a job or actively seeking one.

Posted by Kemberlee Kaye on September 04, 2015 247 Comments
Thursday, Hugh Hewitt interviewed Donald Trump. Among other things, Hewitt asked Trump a handful of foreign policy questions. "Are you familiar with General Soleimani?" asked Hewitt. "Yessss. Go ahead, give me a little. Go ahead, tell me," responded Trump. Hewitt explained that Soleimani runs the Quds forces, which Trump confused with the Kurds, though Trump eventually remembered who Soleimani was. Hewitt was then complementary and reminisced of the time Trump "schooled the Senate" on real-estate, and then went on to explain that he's looking for a Commander in Chief that knows who the players in the vast battlefield of Islamic terrorism. "Do you know who the players are without a score card, Donald Trump?" Hewitt asked. "I think by the time we get to office they'll all be changed, they'll be all gone, I knew you were gonna asks me things like this and there's no reason because number one, I will hopefully find General Douglas McArthur in the PAC, I will find whoever it is that I'll find, but they're all changing, those are like history questions, do you know this one, do you know that one." "I don't believe in gotcha questions, I'm not trying to quiz you," retorted Hewitt. "Well that is a gotcha question," Trump accused. And then a media controversy was birthed.

Posted by Amy Miller on September 04, 2015 2 Comments
Remember El Chapo? Joaquin Guzman, the infamous Mexican drug lord---and head of the even more infamous Sinaloa drug cartel---made headlines this past July when he executed an even more infamous escape from Mexico's maximum security Altiplano prison. He tied his shoes, popped down a tunnel, and surfaced a mile outside the prison walls into the waiting arms (and vehicles) of his drug-running minions. It was El Chapo's second escape from a Mexican maximum security prison, and officials were both baffled* and humiliated* after they discovered they'd been hoodwinked*. (*This, of course, assumes that they were hoodwinked. The man had a privacy wall in his cell and a fully-lit and equipped tunnel. Alas...) Since his escape, El Chapo has been on the run, leaving a bizarre social media trail in his wake. Several times, Guzman's son Alfredo has made posts to social media purporting to show photos of his father not languishing in a cell in central Mexico. His last post, however, may have had a teensy flaw---he left the geotagging on. Mediaite grabbed a screenshot of the tweet:

Posted by David Gerstman on September 04, 2015 11 Comments
Sen. Ben Cardin (D - Md.) today announced his opposition to the nuclear deal with Iran (AKA Joint Comprehensive Plan of Action or JCPOA) in an op-ed published in The Washington Post. With Sen. Chuck Schumer (D - N.Y.) and Sen. Robert Menendez (D - N.J.) Cardin becomes the third Democrat to break ranks with President Barack Obama and oppose the deal. But Democrats already have enough votes to override a veto. Cardin's main points of disagreement with the deal is that it would legitimize Iran's nuclear program and boost its economy making the imposition of sanctions difficult if not impossible.
The JCPOA would provide this legal path to a country that remains a rogue state and has violated its international nonproliferation obligations for years. It would provide Iran with international endorsement of an industrial-scale nuclear program. Worse, Iran would be economically strengthened by frighteningly quick relief from sanctions and international economic engagement. If Iran violates the agreement, building international support for new sanctions would take too long to be effective. A military response in this scenario would be more likely, although disastrous.

Posted by Kemberlee Kaye on September 04, 2015 21 Comments
Embattled Democratic front-runner Hillary Clinton descended from her ivory tower Friday to speak with MSNBC's Andrea Mitchell. "You said recently that using your personal email as Secretary of State was not the best choice and that you take responsibility," Mitchell began. "Are you sorry?"

Posted by William A. Jacobson on September 04, 2015 11 Comments
For those of us of a certain age, The Munich Massacre is etched in our memories as much as almost any other historical event. At approximately 4:30 a.m. in the morning on September 5, 1972 in West Germany [still September 4 in the U.S.], Palestinian "Black September" terrorists took Israeli Olympians hostage at the Olympic Village in Munich, West Germany. Two of the athletes were killed there, and another 9 died at the airport in a failed rescue mission as the terrorists thought they were boarding a plane to take them and the hostages away. A German policeman also was killed. The Independent in Britain recounted the events in a 2006 look back which provides great detail:
Carrying assault rifles and grenades, the Palestinians ran towards No 31 Connollystrasse, the building housing the Israeli delegation to the Munich Olympic Games. Bursting into the first apartment, they took a group of Israeli officials and trainers hostage: Yossef Gutfreund, Amitzur Shapira, Kehat Shorr, Andrei Spitzer, Jacov Springer and Moshe Weinberg. In another apartment, they captured the Israeli wrestlers and weightlifters Eliezer Halfin, Yossef Romano, Mark Slavin, David Berger (an Israeli-American law graduate) and Zeev Friedman. When the tough Israelis fought back, the Palestinians opened fire, shooting Romano and Weinberg dead. The other nine were subdued and taken hostage. The Palestinians then demanded the release of 234 prisoners held in Israeli jails.
[caption id="attachment_141124" align="alignnone" width="481"][Israeli Athletes killed Munich Massacre] [Israeli Athletes killed Munich Massacre][/caption] The images of a hooded terrorist on the balcony where the hostages were being held are among the most iconic:

Posted by Mike LaChance on September 04, 2015 36 Comments
Back in July, South Carolina Governor Haley's choices in the wake of the Charleston shootings led many to wonder if she'd be a good choice for VP on the Republican ticket. Now, there's new speculation. William Douglas and David Lightman of McClatchy reported:
S.C. Gov. Nikki Haley fuels Republican VP talk Is she selling the New South or auditioning for a 2016 presidential campaign spot? Gov. Nikki Haley of South Carolina is generating buzz that she’d be in the mix for the Republican vice presidential spot in 2016, following her successful handling of the removal of the Confederate flag from the statehouse grounds after the shooting deaths of nine African-Americans inside a historic Charleston church. Appearing Wednesday at the National Press Club, Haley teetered between deflective and receptive to the VP talk, at first dismissing it as a way-too-early political exercise, given that 17 Republicans are still elbowing each other to win the Republican presidential nomination.

Posted by Kemberlee Kaye on September 04, 2015 2 Comments
Following the senseless murder of Harris County Sheriff Deputy Darren Goforth last Friday, Texas Governor Greg Abbott has issued a statewide call encouraging all Texans to stand with law enforcement officers today. The state-wide show of support will take place beginning at 11:00 AM CST. Governor Abbott's office released the following statement earlier this week:
As Texas continues to mourn the loss of Harris County Sheriff Deputy Darren Goforth, Governor Greg Abbott today issued a statewide call to stand with law enforcement in Texas. To honor Deputy Goforth and all officers across the state, Governor Abbott is asking Texas law enforcement officers turn on their red and blue flashing lights for one-minute at 11:00 a.m. this Friday – the time Deputy Goforth’s funeral is set to begin. “Respect and pride in our law enforcement must be restored in this state and nation,” said Governor Abbott. “It is time to unite in solidarity to support the men and women who serve and protect our communities. I ask that communities across Texas support this cause for unity and remember the essential role that law enforcement plays in keeping Texas safe and strong.” Additionally, law enforcement patrol cars will line the North drive of the Capitol on Friday to join in unity in turning on their red and blue flashing lights.

Posted by William A. Jacobson on September 04, 2015 3 Comments
On Thursday night, September 3, 2015, I was a guest on the Todd Herman Show on KTTH 770 AM in Seattle. Todd is a frequent reader of Legal Insurrection, and I appreciated his many compliments. We talked Scott Walker, the John Doe investigations, and Walker's struggling presidential campaign.
"In this case, their entire theory of probable cause was legally invalid, and it was so held by the Wisconsin Supreme Court.... They were trying to find a crime.... [T]he chief of the KGB under Stalin had a very famous quote: Find me the man, and I will find you the crime. And that's what this was. They wanted to get Scott Walker, and they spent four years looking for a crime, and that's not what's supposed to happen in this country.... This was meant to get Scott Walker. They couldn't have cared less what some conservative activist was doing unless they could pin it on Walker."
* * *
"I'm a fan of his, because he just quietly went about his business and completely eviscerated the public sector union movement.
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