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January 2016

I was a guest on Caffeinated Thoughts Radio on 93.3 FM in Iowa on Saturday, January 16, 2016. (Full audio at bottom of post.) The topic was Ted Cruz and the "natural born Citizen" controversy. For my prior analysis, which is referred to in the radio discussion, see my September 3, 2013 post, natural born Citizens: Marco Rubio, Bobby Jindal, Ted Cruz. In the past 2.5 years, many people have sent me complaints and supposed analyses of things I missed; I track those down and not a one has persuaded me one iota that my analysis was wrong. As I said in that post:
I also am not trying to “win” the argument. I have no intention (hah!) of getting into the endless argument streams this topic engenders, where for every answer there is a new obscure historical reference or convoluted theory until someone gives up. There are some things you just can’t “win” on the internet, and this is one of them.
Yet it sickens me the way Donald Trump and Ann Coulter have demagogued the issue. They may be successful in creating doubts in voters' minds; that's the nature of propaganda, it sometimes works. Here are excerpts from my interview; the full audio is at the bottom of the post:

Last week I drove out to Rochester, NY to give a talk titled ‘Fighting the Hate: When Does Anti-Israel Become Anti-Semitic?’. Sponsored by ROC4Israel, a new pro-Israel organization that we featured in a post back in October, my lecture centered on how legitimate criticism of Israel can be distinguished from criticism that crosses the line into anti-Semitic hate speech. A video of my 60 minute lecture, which also captures its accompanying PowerPoint slide show, is now available on YouTube (full embed lower in post). Below I highlight the main themes. I break the hour-long lecture into segments so that readers can click on to those parts of the talk that are of most interest.

Following the GOP debate, Professor Jacobson noted that it looks like a two person race between Ted Cruz and Donald Trump, and not only is this view becoming a consensus but apparently Trump thinks so, too. Trump has taken to Twitter to rant and rave against Cruz. https://twitter.com/realDonaldTrump/status/688327093214662657

While listening to Obama's "State of the Union" address this week, I noted that he claimed victory over the spread of Ebola.
That's how we stopped the spread of Ebola in West Africa. Our military, our doctors, and our development workers set up the platform that allowed other countries to join us in stamping out that epidemic.
Since Obama's has real talent for making claims that turn out to be the opposite of reality, I remarked that we would likely see another outbreak of the hemorrhagic fever again shortly. Right on cue, and days after West Africa was declared "Ebola free", a new case has been reported in Sierra Leone.
Sierra Leone officials have confirmed a death from Ebola, hours after the World Health Organization declared the latest West Africa outbreak over. The country was declared free of the virus on 7 November, and the region as a whole was cleared when Liberia was pronounced Ebola-free on Thursday.

The new Michael Bay film "13 Hours" is out now and is by all accounts, an accurate portrayal of the 2012 terror attack in Benghazi, Libya. In a move that is as funny as it is politically savvy, Donald Trump is making sure the voters of Iowa get a chance to see it. The Des Moines Register reports:
Trump rents Iowa theater to show Benghazi movie Donald Trump has rented space at an Urbandale movie theater and will give Iowans free tickets to a showing of the Benghazi movie that critics of Hillary Clinton have been eagerly awaiting. “Mr. Trump would like all Americans to know the truth about what happened at Benghazi,” the GOP presidential candidate’s Iowa co-chair Tana Goertz said Thursday night.

International financial sanctions against Iran are being lifted today as part of the Iran Nuclear Deal. The influx of tens of billions of funds are expected first to go to support Iranian efforts to destabilize the Middle East, including helping Assad in Syria, Hezbollah in Lebanon, and Hamas in Gaza. Not coincidentally, a prisoner swap also is taking place today between Iran and the U.S. HuffPo News reports:
As part of the exchange, the U.S. will release seven Iranians who were being held in the country on sanctions violations. All were born in Iran, but six are dual Iranian-American citizens. The seven men all have the option to remain in the U.S. The deal will bring home four Americans who have been imprisoned in Iran for years on trumped up charges, or in some cases no charges at all: Washington Post Tehran correspondent Jason Rezaian, former U.S. Marine Amir Hekmati, Christian pastor Saeed Abedini, and Nosratollah Khosrawi-Roodsari. The imprisonment of Khosrawi-Roodsari has never been previously reported.
Here is who Iran is getting back:

Friday, President Obama issued a proclamation declaring today Religious Freedom Day. In 1992, a Joint Resolution from Congress requested then President George H.W. Bush to designate January 16 as Religious Freedom Day:
"Be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That January 16, 1993, is designated as “Religious Freedom Day,” and the President is authorized and requested to issue a proclamation calling on the people of the United States to join together to celebrate their religious freedom and to observe the day with appropriate ceremonies and activities."

Have you heard that there's a Democratic Party debate Sunday? If you haven't, you're not alone. Once again, the DNC has scheduled a debate at a time to minimize viewership. FOX News reports:
With Sunday debate, DNC places NFL, 'Downton Abbey' fans in tough spot Once again, a Democratic debate is being held on the weekend, and this one could have a slimmer audience than usual -- coming on the same day as two NFL playoff games, not to mention "Downton Abbey." The Sunday night debate in South Carolina, hosted by NBC News, is the latest in a series of weekend Democratic bouts. The timing has fueled allegations from Hillary Clinton's rivals that party leaders are working behind the scenes to minimize her exposure.

Talk about a bad week. Poll numbers tanking, polling shows millennial ladies prefer Bernie, her attempts to connect with minority demographics flopping hard, 13 Hours hits theaters, resurrecting the Benghazi story, and now a second Congressional investigation. This latest investigation centers around the security of Hillary's home-brewed email server used during her tenure as Secretary of State. According to Rep. Lamar Smith (R-Texas), House Science, Space and Technology Committee Chairman:
Understanding these companies’ roles in providing software and services to maintain former Secretary of State Hillary Clinton’s private email server is critical to improving government cybersecurity standards. A high profile government official deviating from established information security requirements raises significant concerns. The sensitive nature of the information stored on Sec. Clinton’s private server created a unique challenge to ensure all of the information was properly safeguarded. The Committee takes seriously its duty to ensure the NIST Cybersecurity Framework is properly equipped to safeguard our nation’s information.”

More bad news for Democratic frontrunner Hillary Clinton ahead of the next Democratic presidential primary debate -- millennial-aged women prefer Bernie Sanders. A USA Today/Rock the Vote poll conducted between January 4-7, and released Thursday night, questioned over 1,100 women ages 18-34, 77% of whom were registered voters. According to USA Today:
Sen. Bernie Sanders, 74, a Vermont independent, will head into the Democratic presidential debate Sunday with a 19-point lead over front-runner Hillary Clinton, 50% to 31%, among Democratic and independent women ages 18 to 34, according to a recent USA TODAY/Rock the Vote poll.

For some reason, I thought "folk singers" went out with lava lamps, tie-dye, and patchouli, and though I know folk music has a long and proud tradition, I just can't shake the image of doped-out '60s hippies singing about peace at SDS and Weather Underground rallies . . . where domestic terrorism was often on the list of things to do. As it turns out, though, folk singing is alive and well; indeed, an Oregon folk singer is heading to Syria with the hopes of serenading ISIS into peaceful submission. It sounds like an Onion story, but Fox News reports:
James Twyman, of Portland, Ore., told FoxNews.com he feels a "calling" and believes he can soften the hearts of the Islamist army known for beheading Westerners, throwing gays off of buildings and summarily executing innocent women and children.

Is nothing sacred? Actually, don't answer that. This one comes to you from the White House's latest episode of YouTube Stars (yes, they exist) Interviewing President Obama. Ingrid Nilsen of YouTube fame poked the president's brain on the Civil Rights Issue of Our Time™ -- tampon taxes. Take a look:

The exchange between Ted Cruz and Donald Trump on "NY values" was one of the highlights of last night's debate. While Cruz clearly was referring to liberalism, he used a phrase that left him open to Trump's counterattack invoking 9/11: The media is thrilled with Trump's response. Of course, much of that media is in or from NY City. I expressed last night that I wasn't sure that the issue would play in Trump's favor outside NY. I was born in NYC, spent my early childhood there, grew up in and returned to the NYC suburbs after law school until moving to Rhode Island in 1993. And since 2008 have lived (originally part time now full time) in Ithaca. I understand what Cruz was referring to. And it has nothing to do with knocking the heroism of NY police and firemen, or how New Yorkers reacted under attack. It has everything to do with political, economic and social outlooks which are not accepted in the Republican Party in general much less among conservatives. The Cruz campaign apparently thinks this is a fight it needs to have, via Washington Examiner:

The Baltimore Sun is reporting that the jury in the recently hung jury of Officer William Porter was one vote shy of acquittal on the most serious charge of manslaughter when they were finally dismissed in a mistrial, with 11 of 12 jurors voting for acquittal. This information purportedly is sourced from one of the jurors who requested anonymity in order to avoid being held accountable for violating Judge Barry Williams' gag order. Similarly, on the next most serious charge of assault the jury was 8 to 2 in favor of acquittal with two jurors still undecided at the point the case was declared a mistrial. On the lesser charges, however, there was reportedly a majority in favor of conviction, at least at the point when deliberations were halted. On reckless endangerment, the jury was reportedly 7 to 3 in favor of conviction (two left undecided), and on misconduct in office the jury was 10 to 1 in favor of conviction (one left undecided).

At a town hall event in Louisiana yesterday, President Obama was asked by an attendee if first lady Michelle Obama would ever consider running for president. His answer was a strong no. ABC News reported:
Obama Says Michelle Obama Will Not Run for President It used to be that death and taxes were the only certain things in life, but for President Barack Obama there is a third: Michelle Obama will not run for president. With Obama now in his final year in office, the focus naturally has shifted to who will succeed him. At a town hall event Thursday with Louisiana residents, Obama was asked if there's any chance he could talk the first lady into running. His answer? An emphatic "no."

Newly released documents from the State Department indicate the U.S. government has known Islamic extremists have been entering the country via Mexico for over ten years.

A cable obtained by Judicial Watch under the Freedom of Information Act shows the U.S. was aware of "smuggling networks" that specialize in the trafficking of suspected Islamic extremists across the U.S.-Mexico border. The 2004 cable was sent to the State Department by the American Consulate in Juarez, Mexico.

Perhaps most alarming was the mention of a top Al Qaeda operative by the name of Adnan el Shukrijumah. The 2004 cable indicates the U.S. had human intelligence leading to his "exact whereabouts." It was not until December of 2014 - ten years later - that Shukrijumah would be captured (or in this case, killed in Pakistan).

Shukrijumah was described by FBI as "a grave danger to the security of the United States" and had ties to 9/11 mastermind Khalid Sheik Mohammed as well as to the 1993 World Trade Center bombing. Among other acts domestic and abroad, he helped plot the 2009 foiled bombing of Oprah Winfrey's Chicago studios and the Sears Tower.

On Wednesday the Iranian Central Bank argued before the United States Supreme Court that Iranian-owned assets in U.S.-based accounts cannot be used to satisfy judgments against Iran.  The narrow legal question in Bank Markazi v. Peterson is whether and to what extent Congress can dictate the outcome of a pending suit by statute, but the practical question is whether victims of Iranian terror can obtain payment for their and their loved ones' suffering and deaths.

Background

Plaintiff Deborah Peterson sued the government of Iran for the wrongful death of her brother, Lance Corporal James C. Knipple, who was killed along with 240 other Americans in the 1983 bombing of the U.S. Marine Corps barracks in Beirut, Lebanon.  Numerous other Plaintiffs sued Iran either for their own or for loved ones' injuries and deaths in other Iranian terror attacks including the bombing of the Khobar Towers in Saudi Arabia that killed 19 U.S. Airmen. Iran did not appear in court to defend these suits, and the various courts entered default judgments against it in 19 different cases in an aggregate amount of several billion dollars.