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January 2016

Posted by William A. Jacobson on January 20, 2016 73 Comments
Donald Trump recently stated that he wanted Apple manufacturing back to the U.S.:
Republican presidential candidate Donald Trump said he will push for companies including Apple Inc. to bring manufacturing back to the United States. "Make America great again," Trump said in a speech at Liberty University in Virginia. "We’re going to get things coming. We’re gonna get Apple to start building their damn computers and things in this country instead of in other countries.”
Some are interpreting his words as saying he would use the power of government to force Apple back, others put a more benign spin on it, that he would develop policies to encourage Apple. Regardless, it is an empty promise. When I heard about the statement, I recalled an article from a few years ago making the case that the scale of what is needed is so enormous, that the U.S. does not have the engineering or manufacturing capacity, much less the labor force willing to work under conditions necessary. I don't know if this NY Times article is the one I recalled, but it made the point back in 2012, How the U.S. Lost Out on iPhone Work:

Posted by Kemberlee Kaye on January 20, 2016 17 Comments
SHE'S ONTO US! Wednesday, a spokesman from Democratic presidential frontrunner (?) Hillary Clinton's campaign, "accused the Intelligence Community Inspector General Wednesday of working with Republicans to attack the Democratic presidential front-runner," reports Anita Kumar for McClatchy. In an exclusive report published by Fox News Tuesday, a letter from the Intelligence Community Inspector General Charles McCullough III, "laid out the findings of a recent comprehensive review by intelligence agencies that identified “several dozen” additional classified emails — including specific intelligence known as “special access programs” (SAP)." Also included in the letter was the claim that among the classified information contained in Clinton's emails were data of the most secretive nature. Intelligence Community Inspector General Charles McCullough III was appointed by President Obama and confirmed with laudations from Democrats as the best man for the job. But that's irrelevant. Forget addressing the substantive claims of the Fox News report; Hillary's campaign whipped out an old 90s era retort. Clearly, the Intelligence Community Inspector General was colluding with the vast right-wing conspiracy to undermine her candidacy.

Posted by Leslie Eastman on January 20, 2016 24 Comments
One image I will not soon forget from the recent State of the Union were the grim faces on the Joint Chiefs of Staff. Though it may be the tradition of our military to be stoic during such occasions, the latest order probably adds to their troubles considerably:
A new directive issued by Pentagon leaders mandates that the agency work to “assess and manage risks associated with the impacts of climate change,” according to a copy of the Jan. 14 directive issued by Deputy Secretary of Defense Robert Work. As the Obama administration focuses on a larger effort to push its climate change agenda, the Pentagon will now “address the impacts of climate change.” This includes engaging in “deliberate preparation, close cooperation, and coordinated planning” to “improve climate preparedness and resilience,” according to the directive.

Posted by William A. Jacobson on January 20, 2016 8 Comments
For several years we have been documenting the increasingly aggressive tactics of anti-Israel protesters on campus. Recently, an Israeli professor's guest lecture was disrupted at the University of Minnesota Law School, and the Palestine Solidarity Committee at UT-Austin (led by law student Mohammed Nabulsi) disrupted an Israeli Studies event: These tactics are nothing new. Students for Justice in Palestine branches at numerous universities have engaged in such tactics: 

Posted by Jonathan Levin on January 20, 2016 22 Comments
The Judiciary is taking a first, timid step toward interceding on Congress's side and against executive over-reach regarding the Operation Fast and Furious. On Tuesday, Judge Amy Berman Jackson of the United States District Court for the District of Columbia ruled that the Department of Justice must hand over to Congress documents pertaining to "Fast and Furious," despite President Obama's assertion of the "deliberative process" privilege.

Background

Fast and Furious was an operation by the Bureau of Alcohol, Tobacco and Firearms ("ATF") meant to identify Mexican gun-runners by intentionally putting firearms into the stream of illegal commerce and tracking their progress to roll-up the participants.  Instead, Fast and Furious inadvertently released thousands of firearms into criminal hands, some of which were connected to the murder of a U.S. Border Patrol agent in 2010.

Posted by Mike LaChance on January 20, 2016 19 Comments
We covered this a few days ago at College Insurrection but the story has gone national. This all springs from a report by the Council of Trustees and Alumni called A Crisis in Civic Education. Among many troubling findings, the report revealed:
There is a crisis in American civic education. Survey after survey shows that recent college graduates are alarmingly ignorant of America’s history and heritage. They cannot identify the term lengths of members of Congress, the substance of the First Amendment, or the origin of the separation of powers. They do not know the Father of the Constitution, and nearly 10% say that Judith Sheindlin—“Judge Judy”—is on the Supreme Court.

Posted by Fuzzy Slippers on January 20, 2016 10 Comments
Last week, I noted that Bernie Sanders was reluctant to reveal how he intends to pay for everything for everyone; this week, the Washington Examiner has some answers. The Washington Examiner estimates that the bill for Bernie's "free stuff for everyone!" promises will be approximately $19.6 trillion.  Our national debt, which has nearly doubled under Obama, is under that at just over $18 trillion. Where's the money going to come from?  Taxes.  Of course. The Washington Examiner writes:
Sen. Bernie Sanders' populist message has put him in the position to potentially win Democratic nomination contests in both Iowa and New Hampshire, shaking the sense of inevitability that has surrounded Hillary Clinton. As the socialist senator from Vermont gains traction in polls, Clinton has more aggressively attacked his policy proposals, forcing Sanders to release details on how he would pay for his ambitious economic and social agenda.

Posted by Fuzzy Slippers on January 19, 2016 79 Comments
As Donald Trump ramps up his attacks on Ted Cruz, the Washington Post is reporting that "The Republican establishment really, really doesn't like Ted Cruz."  This premise is nothing new to those of us who have been following Ted Cruz's career in the Senate and his presidential campaign, and to many serves as a feather in Cruz's cap.  The vitriol against him, though, is becoming quite pronounced . . . and not just from Trump. WaPo writes:
There's an assumption among casual consumers of politics that establishment Republicans loathe Donald Trump. Not really true.  Yes, they worry about what Trump might do downballot to the GOP if he is the nominee. But most view him with some mix of puzzlement and fascination. The Republican establishment saves its actual hatred for one man and one man only: Ted Cruz.
The evidence WaPo trots out is Iowa governor Terry "ethanol" Branstad.
Witness Terry Branstad, the four-term governor of Iowa and, without question, the face of the Republican establishment in the state. On Tuesday, he told reporters that he wants to see Cruz beaten in the Iowa caucuses in 13 days -- a remarkable admission by a sitting incumbent of such long standing.

Posted by Kemberlee Kaye on January 19, 2016 150 Comments
Seems like only yesterday I was watching Sarah Palin stump for Ted Cruz in the Texas Senate Runoff race. My how times have changed. Before a huge crowd gathered in the smoldering July heat of The Woodlands, Texas, alongside then Senator Jim DeMint, Palin said:
But the good news is, there is nothing wrong with America that a good ol' fashioned election can't fix. Ted [Cruz] is a proven, common sense, Constitutional conservative. He's a fighter and he will bring new leadership to the United States Senate. He will shrink government, he will be putting it back on the side of the people and he will defend the United States Constitution. Ted Cruz represents the positive change that we need.
In addition to Gov. Palin, Cruz also garnered endorsements from Senator Rand Paul, Senator Pat Toomey, Senator Jim DeMint, RedState, and Sean Hannity in 2012.

Posted by Kemberlee Kaye on January 19, 2016 13 Comments
When asked, Marco Rubio is not shy about sharing his faith (see here and here). Sen. Rubio is Catholic. At a recent campaign event, self-described atheist, Justin Scott, confronted Sen. Rubio about his faith. Referencing one of Rubio's latest ads, Scott explained there was concern in the non-theist community that Rubio was running to be "Pastor in Chief."

Posted by William A. Jacobson on January 19, 2016 15 Comments
The U.S. Supreme Court this morning granted a Petition by the U.S. government for review of lower court decisions putting a halt to Obama's executive immigration action. That action halted deportation for up to 5 million people in the country illegally. Our prior posts have the background: Interestingly, the Order granting Certiorari added a constitutional issue to the case. The lower courts had decided it based on Obama administration failure to follow proper administrative procedure: Texas Immigration Case Supreme Court Order granting Cert. ScotusBlog summarizes today's action and what is to follow:

Posted by Kemberlee Kaye on January 19, 2016 31 Comments
Hillary Clinton's decision to use a private email account while serving as Secretary of State was a security disaster if ever there was one. Not only did she route her personal email account through a home-brewed server (a home-brewed server that was kept in the bathroom), classified information has been found in over 1,000 emails reviewed by the Department of State. Worse still, emails released by the State Department as part of court-ordered monthly document dump suggest Hillary instructed subordinates to remove classified designations from documents in order to send them through insecure channels. Now, the Inspector General says Hillary's emails contained information from the most secretive, classified sources.

Posted by Vijeta Uniyal on January 19, 2016 16 Comments
The timing could not have been more eerie. As Germany faces its biggest social and political crisis since the Second World War, Hitler’s Mein Kampf has again hit German bookstores. After 70 years, Germans once again have a chance of legally owning the vicious rants of this notorious Austrian-born psychopath -- in a hard bound version for €58,99. The recent migration from Middle East and North Africa did not only increase the level of antisemitism in Germany, it has also given a new lease of life to Neo-Nazi outfits. Last year, Charlotte Knobloch, the former President of Jewish umbrella group the Central Council of Jews in Germany, warned member of the tiny Jewish community in the country to "avoid being recognizable as Jews" in public, calling this the most perilous time for Jews to be in Germany since 1945. Charlotte Knobloch (83), a Holocaust survivor herself, knows what she is talking about.

Posted by Jonathan Levin on January 19, 2016 11 Comments
Tea Party groups won a major victory last week, when Judge Susan J. Dlott of the United States District Court for the Southern District of Ohio certified a class of Tea Party organizations that allege the IRS intentionally delayed their applications for preferential tax treatment based on their political viewpoints. Winning class certification in NorCal Tea Party Patriots v. Internal Revenue Service is a big deal, because it means the Court has already made several determinations, all of which favor the class.  The Court has determined that the number of Tea Party groups effected by the IRS's alleged behavior is so numerous that they can proceed together as a class.  The Court has also determined that all of the Tea Party groups have valid legal claims against the IRS which share common legal issues; in other words, that the IRS has treated them all the same way. Having survived the hazardous class certification step, the Plaintiffs will now get substantive discovery from the IRS and from third parties.  As the Washington Times summarized:

Posted by New Neo on January 19, 2016 94 Comments
Professor Jacobson has opined on the question of whether Ted Cruz qualifies to be president as a "natural born citizen." The short answer is: he definitely does. However, as Professor Jacobson also indicated, that hasn't stopped Trump from attempting to foster doubts in voters’ minds about it. You can see the results in the increased amount of chatter about the issue---which is likely to have been exactly what Trump wanted when he put forward his oh-so-helpful suggestion that Ted Cruz could and should settle the "natural born citizen" question by going to federal court and seeking a declaratory judgment on the matter. So, why doesn't Cruz do what Trump has suggested, and put it to rest? The reason is that it is almost certain that Cruz couldn't get a court to rule on the issue. J. Christian Adams, who was in the Justice Department under George W. Bush, explains why:

Posted by William A. Jacobson on January 19, 2016 3 Comments
We reported recently on the murder of Israeli fertility nurse and mother of six Dafna Meir by a Palestinian. Dafna Meir Israeli Mother Stabbed to death Meir fought back but was stabbed to death in front of her children, as one child tried to help her:
A tear-choked Renana Meir, 17, apologized over her mother’s body on Monday for not preventing the Palestinian terrorist from stabbing her to death. “I am sorry that in your most difficult moments I was not able to help you,” Renana said, as she looked out at the hundreds of mourners.

Posted by Kemberlee Kaye on January 18, 2016 10 Comments
Of everything Dr. King said or wrote, this is easily my favorite. Scarcely does there arise a situation where Love's message does not apply. Particularly in a time -- during a year, of heightened contentiousness and rank discourse, Dr. King's words are exceedingly salient. Writing from jail in Birmingham, Alabama, King wrote:
"We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly affects all indirectly."
Though we gravitate towards rhetoric that holds two versions of America (an idea that is most certainly true), also true is that our destiny as a country is bound to that of the other.
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