Kemberlee Kaye | Le·gal In·sur·rec·tion - Part 163
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Author: Kemberlee Kaye

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Kemberlee Kaye

Kemberlee Kaye is the Senior Contributing Editor of Legal Insurrection, where she has worked since 2014 and is the Director of Operations and Editorial Development for the Legal Insurrection Foundation. She also serves as the Managing Editor for CriticalRace.org, a research project of the Legal Insurrection Foundation.

She has a background working in immigration law, and as a grassroots organizer, digital media strategist, campaign lackey, and muckraker. Over the years Kemberlee has worked with FreedomWorks, Americans for Prosperity, James O'Keefe's Project Veritas, and US Senate re-election campaigns, among others. 

Kemberlee, her daughter, and her son live a lovely taco-filled life in their native Texas.

You can reach her anytime via email at kk @ legalinsurrection.com.

Houston's summer was marred by a battle over religious liberties and overreaching government. Sparring over a city ordinance that would force businesses, among other things, to allow transgendered clientele the use of opposite sex restrooms or risk discrimination suits, Bayou City area clergy and the government aren't exactly on the best of terms. Rather than placing the measure on the ballot, City Council enacted the reform via city ordinance. Rallying together, clergy and concerned citizens submitted over more than twice as many required to repeal the ordinance. Then the validity of the signatures was called to question by the city attorney. And that's where this story picks up. The Houston City government made a bad situation worse when it subpoenaed five local area pastors.
The subpoena requests any and all communication, electronic and otherwise that remotely mentions the above mentioned city ordinance battle. But it doesn't stop there:
All speeches, presentations, or sermons related to HERO, the Petition, Mayor Annise Parker, homosexuality, or gender identity prepared by, delivered by, revised by, or approved by you or in your possession.
Churches qualify for 501(c)(3) tax exempt status and can lose that status by engaging in electioneering or elicit candidate endorsement, just the same as any other 501(c)(3) organization; but none of the subpoenaed material falls within that category.

Last week, Democratic Texas Gubernatorial candidate Wendy Davis' campaign ran an ad attacking Texas Attorney General, Greg Abbott, for being in a wheelchair. The ad received such intense blowback, Abbott's campaign turned the negative reaction into their own campaign ad:
"Just keep digging" apparently being the Davis campaign mantra, Davis doubled down on the monstrous ad:

Rock the Vote released a new ad today with a song by Lil Jon featuring Lena Dunham, Whoopi Goldberg, Natasha Lyonne, Fred Armisen, E.J. Johnson, Darren Criss, Sophia Bush, Ireland Baldwin, Devendra Banhart, Ioanna Gika, and Gabriel Valenciano. Geared towards young people, Rock the Vote has long been successful at utilizing pop culture to engage younger demographics in the political process. Started in 1990 by a Virgin Record exec, Rock the Vote is supposed to be a non-profit, partisan organization. Whether or not you agree with their politics (which tend leftward), they're good at making voting and even politics look rad. Check out their latest ad:

Turns out Twitter is also fed up with this administration's war on transparency. Last month, Twitter released a report detailing how they'd been banned from reporting the extent of government surveillance on the platform. In that report Twitter explained:
"...if the government will not allow us to publish the actual number of requests, we want the freedom to provide that information in much smaller ranges that will be more meaningful to Twitter’s users, and more in line with the relatively small number of non-national security information requests we receive. We also pressed for the ability to be specific about different kinds of national security requests and to be able to indicate “zero requests” if that applies to any particular category of request. Unfortunately, we were not able to make any progress at this meeting, and we were not satisfied with the restrictions set forth by the DOJ.
Today Twitter announced they're taking the transparency fight to court:
Our ability to speak has been restricted by laws that prohibit and even criminalize a service provider like us from disclosing the exact number of national security letters (“NSLs”) and Foreign Intelligence Surveillance Act (“FISA”) court orders received — even if that number is zero. It’s our belief that we are entitled under the First Amendment to respond to our users’ concerns and to the statements of U.S. government officials by providing information about the scope of U.S. government surveillance – including what types of legal process have not been received. We should be free to do this in a meaningful way, rather than in broad, inexact ranges. So, today, we have filed a lawsuit in federal court seeking to publish our full Transparency Report, and asking the court to declare these restrictions on our ability to speak about government surveillance as unconstitutional under the First Amendment. The Ninth Circuit Court of Appeals is already considering the constitutionality of the non-disclosure provisions of the NSL law later this week.
You can read the filing in its entirety beneath:

First Dallas, now Houston. Thankfully, Governor Perry put together a Task Force on Infectious Disease Preparedness and Response. The task force, "will assess and enhance the state's existing capabilities to prepare for and respond to pandemic disease, such as the Ebola virus." Perry also, "called on the federal government to immediately begin enhanced screening procedures at all points of entry, including obtaining additional information, checking temperatures and staffing quarantine stations to help prevent the disease from entering the country." According to a local ABC News affiliate:
A hospital in Cypress says it is treating a patient with an "extremely low-risk" chance of having Ebola.

The North Cypress Medical Center, located along the Northwest Freeway, says the patient was admitted Monday and is being monitored. The hospital issued the following statement about the patient's admission:

"North Cypress Medical Center is treating a patient who has not been diagnosed with ebola. He is considered to be of extremely low risk to the ebola virus. Hospital personnel are taking all precautions as prescribed by the Harris County Health Department and the U.S. Center for Disease Control. The patient is in stable condition and is showing no signs of a fever. Admitted earlier today (October 6th), he has been isolated from other patients. We are working closely with local health and CDC officials who will determine all the steps we need to take to ensure the patient's recovery and the community's safety." 

Over the weekend, it was thought a person in Katy may have had Ebola, but that turned out to be malaria. 

The health department says they've conducted two Ebola tests on patients in the Houston area. Both have come back negative.

A video published earlier this month now making the rounds on the internet is drawing all kinds of mockery, and deservedly so. On YouTube, the video is summarized as follows:
It seems like it's okay to say mean things about someone just because they're Republican. That isn't right. Before you write another mean post about Republicans, remember Republicans are people, too.
Former Romney ad guy, Vinny Minchillo, is the brains behind the terrible ad. Minchillo told Fox News, "he’s trying to “catch a wave” of interest by launching “Republicans Are People, Too” shortly before the midterm elections – though he’s not advocating for any particular candidates. I appreciate the idea: debunking the lame, white guy Republican stereotype. In fact, it's something I wrote about in a 2012 election post-mortem:

As if the situation in Ferguson, Missouri wasn't bad enough, Code Pink has decided to join the riots and protests. Code Pink infamously dressed as vaginas and paraded around the RNC in 2012. They also protested the maker of my favorite body wash, Ahava, (made in Israel), because it contains "occupied mud." More ominously, Medea Benjamin, the leader of Code Pink, just attended a gathering of anti-Israel groups, including notorious anti-Semites, in Tehran, as reported by Buzzfeed:
A number of American and European antiwar activists and conspiracy theorists have gathered in Tehran for a conference aimed at addressing supposed Zionist control of the United States, according to Iranian press reports and the Anti-Defamation League. Code Pink chief Medea Benjamin, journalist and former Cambodian genocide denier Gareth Porter, conspiracy journalist and 9/11 truther Wayne Madsen, and PressTV contributor Kevin Barrett are all reportedly at the conference. Other reported attendees include Dieudonné M’bala M’bala, the anti-Semitic French comedian whose performances have been banned in several French jurisdictions, several Holocaust deniers, and former congressman Mark Siljander, who pleaded guilty in 2010 to being an unregistered foreign agent for an Islamic charity that the government said was connected to terrorism.
Capitalizing on the two month anniversary of the death of Michael Brown, Code Pink is among the groups organizing a Weekend of Resistance, and is equating Ferguson to Gaza:

A few weeks ago, we covered the story of Columbia studentEmma Sulkowicz, who alleged she was raped by another student. Rather than pursue the matter all the way through the legal system (she dropped her case), Sulkowicz took her case to the University tribunal. Her alleged rapist was not found guilty by the campus tribunal, so Sulkowicz decided to protest her trauma through performance art (and college credit) and carry a mattress around campus as long as her alleged rapist remained on campus.  Carrying the mantel of Sulkowicz's cause, what was supposed to be a national day of action and a million mattress march, was not widely protested.  The only two protests we could find are at Texas Tech and Cornell. At Texas Tech:

Some Texas Tech University students have demonstrated against what they say is a "rape culture" on campus by laying bed sheets spray-painted with "No means No" at three locations.

The women's actions Wednesday came a day after university officials sent an email to students and faculty that called activities at a recent off-campus fraternity party "reprehensible."

A picture of a banner at the Sept. 20 Phi Delta Theta fraternity gathering, briefly posted online, read, "No means yes," followed by a graphic sexual remark.

University spokesman Chris Cook said the school learned of the banner the day after the party and began investigating immediately. Last week the university established a task force to review Greek organizations.

The bed sheets displayed Wednesday were removed by police after about 30 minutes.

Cornell took the call to action more seriously and approximately one hundred students showed up to protest. According to Casey Breznick at The Cornell Review (he also writes for Legal Insurrection and College Insurrection), a National Day of Protest Against Rape Culture took an odd turn yesterday. The protest was co-sponsored by Students for Justice in Palestine, Black Students United, Crunch: The Kinky Club at Cornell, Cornell Organization for Labor Action, the Cornell Progressive, DASH: Direction Action to Stop Heterosexism,Women of Color Coalition, and Grrls Fight Back. The protest was meant to be the decisive blow to "rape culture" on Cornell's campus. To that end, students read poems aloud. Breznick reports:

The latest video from the Foundation for Government Accountability argues that Medicaid expansion under Obamacare places convicts in line for Medicaid benefits before the elderly and vulnerable.

According to the FGA:

“Everyone should know that a lawmaker calling for expansion is asking for criminals to get priority medical care at the expense of the disabled, elderly, children and others already enrolled in the current Medicaid program,” said FGA CEO Tarren Bragdon.

“What’s worse is that the victims of violent crimes will now be paying the medical bills of those who victimized them, all while watching their grandparent’s and children’s health care suffer.”

Lawmakers in expansion states have decided to put their most needy citizens on the chopping block so they can move able-bodied, working-age adults; almost all of whom (82 percent) have no children to support, nearly half of whom (45 percent) do not work, many of whom (35 percent) with a record of run-ins with the criminal justice system to the front of the line. So what happens to those on the ObamaCare chopping block? States that previously expanded Medicaid had to eliminate coverage for life-saving organ transplants, overload waitlists for services, cap enrollment and raise patient costs, all because promises were broken and costs exceeded projections.

Here's the quite operatic video:

The latest victim in the Obama administration's overregulationpalooza appears to be just about anyone who wants to snap a picture in a nationally designated forest. Proposed regulations would require permits for still photography and commercial filming on National Forest System Lands. According to the Federal Register:
"The proposed amendment would address the establishment of consistent national criteria to evaluate requests for special use permits on National Forest System (NFS) lands. Specifically, this policy provides the criteria used to evaluate request for special use permits related to still photography and commercial filming in congressionally designated wilderness areas." 
The commenting period for the amendment is open until November 3. September 25th, the National Forest System released a statement to clarify the proposed amendment. “The US Forest Service remains committed to the First Amendment,” said U.S. Forest Service Chief Tom Tidwell. “To be clear, provisions in the draft directive do not apply to news gathering or activities.” The agency claims the measures are to protect federal lands, and I'm sure that's the case, and have no objection with these types of wildlife preserves. But even the clarifying statement is vague:

A Muslim civil rights lawyer and mother of three was found guilty of apostasy by an ISIS-founded sharia court in Mosul. Her offense? She posted a blog post to Facebook that was critical of ISIS' destruction of places of worship. She was then tortured for days and suffered a public executed by masked firing squad. According to Newser:
The UN Assistance Mission in Iraq says Samira Salih al-Nuaimi was seized from her home on Sept. 17 after allegedly posting messages on Facebook that were critical of the militants' destruction of places of worship in Mosul. According to the UN mission, al-Nuaimi was tried in a so-called "Sharia court" for apostasy, after which she was tortured for five days before the militants sentenced her to "public execution." She was killed on Monday, the UN mission said. Her Facebook page appears to have been removed since her death. "By torturing and executing a female human rights' lawyer and activist, defending in particular the civil and human rights of her fellow citizens in Mosul, [ISIS] continues to attest to its infamous nature, combining hatred, nihilism, and savagery, as well as its total disregard of human decency," Nickolay Mladenov, the UN envoy to Iraq, said in a statement. 
An AP wire story posted on Women of Grace has more details:

Eric Holder will step down today as Attorney General, at least according to NPR. Sources told NPR that Holder plans to remain in his post until a replacement has been confirmed:

Eric Holder Jr., the nation's first black U.S. attorney general, is preparing to announce his resignation Thursday after a tumultuous tenure marked by civil rights advances, national security threats, reforms to the criminal justice system and five and a half years of fights with Republicans in Congress.

Two sources familiar with the decision tell NPR that Holder, 63, intends to leave the Justice Department as soon as his successor is confirmed, a process that could run through 2014 and even into next year. A former U.S. government official says Holder has been increasingly "adamant" about his desire to leave soon for fear he otherwise could be locked in to stay for much of the rest of President Obama's second term.

In April, Holder indicated he would not resign until after the midterm elections. Potential replacements are, as of yet, unclear. His tenure with the Department of Justice has been controversial at best, and at its worst, deadly. His radical "civil rights" agenda won't be missed by most, but Holder hopes the history books will remember him as a hero:

They come in all shapes, forms, manners of caps lock, and misspelled profanity, but one thing's certain: no one likes an internet troll. Internet trolls are the thorn in the side of most people who dare to express an opinion on the internet. Trolls are the people completely disinterested in honest debate, but love to hit and run. They comment on blog posts, news articles, Facebook posts and anywhere else the internet provides a forum for their psychosis to be displayed in all its demented glory. Here are a few types of common blog trolls:
  • Regular Troll -- This guy is openly 180-degrees opposed to the purpose and/or ideological orientation of the blog. Whatever you're for, he's against, and vice-versa....
  • False-Flag Troll -- This guy pretends to be on your side, but he's really not. Claiming to be a conservative, he inevitably advances messages that are anti-conservative. His purpose is to sow confusion, discord and demoralization.
  • Concern Troll -- A subspecies of false-flag troll. The Obama campaign deployed a swarm of concern trolls in fall 2008. They were recognizable by the 3-point argument that went something like this: (1) I'm a committed conservative/lifelong Republican, but (2) I'm concernedabout [something the Republicans had said or done], and therefore (3) I'm thinking I might vote for Obama on Election Day....
  • Agent Provocateur Troll -- Another false-flag subspecies, who aims to elicit unsavory or disreputable comments from other commenters, which can then be quoted to discredit the blog.
Then there are other internet trolls, like those who spend all their waking hours tweeting and emailing people. Or, sending you an all caps lock laded tweet telling you to "WAKE UP SHEEPLE!!!", showing up unsolicited to tell you just how wrong you are, in brutal terms but offering no reasons other than "because your dumb [sic]", and in many cases, all out harassing you just because they have nothing better to do from their mother's basement, internet trolls are an unfortunate byproduct of technological progress.  But I guess we can thank Al Gore's invention of the internet for that. Researchers in Canada decided to explore what types of people make up the majority of the internets trolls. According to Psychology Today:

It's long been a rallying cry of the right: if you want to be on the public dole, you should be able to pass a drug test. You've seen the memes and the bumper stickers. Sounds good, right? Governor Walker of Wisconsin has proposed his plan that would require drug testing for those seeking food stamps and unemployment benefits. According to The Daily Signal:

But the most controversial points are the governor’s proposals to require drug testing for individuals filing for unemployment and for “able-bodied, working-age adults requesting food stamps” through the state’s FoodShare public assistance program.

The bottom line, Walker says, is the bottom line: Taxpayers shouldn’t have to pay for public assistance programs for individuals who can’t pass a drug test.
Taxpayers should have a great say in where their tax dollars are spent, that's not a point I disagree with and is a principle I will always advocate. When it comes to mandatory drug testing as a contingency for public assistance though, I'm not convinced it's a good idea for two simple reasons: 1) requiring drug testing is an expansion of government 2) it doesn't address the problem of why people are seeking public assistance to begin with.