Image 01 Image 03

Le·gal In·sur·rec·tion

/var/www/vhosts/legalinsurrection.com/httpdocs/wp-content/themes/bridge-child/readFeeds.incFALSE

Many have addressed the issue of uncertainty created by the implementation of Obamacare and noted the impact that may have on a variety of areas, including for the health insurance industry. On Thursday, Moody's Investors Service downgraded its outlook for health insurers, citing such uncertainty. From Moody’s: Moody's...

LATEST NEWS

Attorney Mark O'Mara is, of course, the lawyer who last summer successfully represented George Zimmerman against second degree murder charges for the shooting death of Trayvon Martin. Throughout my coverage of the trial here at Legal Insurrection I frequently noted how O'Mara's cool demeanor and outstanding...

Edward Snowden will conduct an hour long live Q&A online at 3pm ET Thursday.  He is also expected to respond to President Obama’s recent speech on proposed NSA reforms, according to FreeSnowden.is, an official support site for the former NSA contractor. This is the first Snowden...

Just last night Neo mentioned how Wendy Davis, both herself and via a support group (the Lone Star Project), were challenging Greg Abbott's courage. Now James O'Keefe has just released an undercover video of another group supporting Davis, the supposedly unaffiliated voter registration group Battleground Texas, laughing at Abbott being in a wheelchair and wondering how that would play out in the campaign. O'Keefe reports (h/t Gateway Pundit):
While investigating Obamacare Navigators, Battleground Texas, and their connection to Obama’s Organizing for America, we caught some deeply offensive comments on tape. It seems Battleground Texas and Wendy Davis’ strategy to win the Governor’s seat is to mock Attorney General Abbott’s disability. We caught Davis supporters and Battleground Texas staff on tape making crude statement such as “isn’t that amazing to think of? He’s in a wheelchair and we want to stand with Wendy?” Even more disturbing was an election official who when asked about forging signatures covered her ears and then went on to admit, “People do that all the time.” A Battleground Texas volunteer then added, “I don’t think it’s legal but I didn’t hear you say that.”
Yes, of course Davis is not responsible for everything every supporter says, but Battleground Texas is a key part of her campaign strategy, part of the Turn Texas Blue project. This video does seems to fit in with the culture surrounding Davis' campaign, brought into the open by her attacks on Abbott after the Dallas Morning News exposed her personal narrative. Updates:

We have been covering the case of the Romeikes, devout Christians from Germany who wanted to homeschool their children because of what they perceived as the secularist agenda in German public schools. They fled and sought asylum in the U.S. after they faced mounting fines and the potential of imprisonment: After losing in the 6th Circuit Court of Appeals, the Romeikes on October 10, 2013, filed a Petition for a Writ of Certiorari seeking to have the U.S. Supreme Court take the case. On October 29 the government waived its right to respond, but on November 19 the Supreme Court asked the government to respond to the Petition.  That response was filed two days ago (see embed at bottom of post).  It's hard to know when the Court will rule on whether to take the case. For an indication of what is at stake for the Romeikes if they are forced back to Germany, consider the case of the Wunderlich family:
DARMSTADT, Germany, January 16, 2014 (LifeSiteNews.com) – In a shocking verdict regarding a homeschool case in Germany, a family court judge has refused to return legal custody of four children to Christian parents to prevent the family from obtaining visas that would allow them to travel to a country where homeschooling is permitted. In his December ruling against the Wunderlich family, judge Marcus Malkmus called homeschooling a “concrete endangerment to the well-being of the child,” comparing it to a “straitjacket” that he said binds children to “years of isolation.”

“The request of the parents to reinstate their right to determine the location of the children, the right to make educational decisions for the children, as well as the right to file legal applications for their children is being refused,” the judge stated.

Ever since the story broke that Wendy Davis -- to be charitable to her -- had embellished her personal narrative, many commenters and people on Twitter with whom I interact have suggested Elizabeth Warren as an analogy. As readers know, I have been a harsh critic of Elizabeth Warren for claiming Native American and Cherokee status for employment purposes without basis as she climbed the ladder to Harvard Law School, and then dumping that status as soon as she got tenure. But not all false narratives are created equally. Elizabeth Warren's false narrative was done quietly, and in a manner designed to juice her employment prospects with few people, outside of those responsible for diversity hiring, knowing about it. Warren was not Native American, and the myth that she was 1/32 Cherokee was created by faulty speculation during her campaign, not when she was growing up. At most, some Native American ancestry was a mere family rumor, the term her adult nephew used when searching the family's genealogy. Warren never lived as a Cherokee, never associated with Cherokees, and never publicly touted herself as Cherokee. Instead, Warren used those family rumors of Native American ancestry to get herself put on the short listing of "Minority Law Teachers" in a law professor directory used in the 1980s as a hiring tool by law school administrators. While a Visiting Professor at Harvard, she also somehow managed to get on a list of Women of Color in Legal Academia, although records are hard to find as to how extensively she touted her supposed Native American status (her hiring records never have been released). While there is strong evidence that Warren tried to use her Native American narrative to advance her career, that narrative was not her career.

It was reported yesterday that Israel's internal security agency, the Shin Bet broke up an al Qaeda cell operating in Jerusalem. According to the report, three men in Jerusalem were recruited by an al Qaeda operative in Gaza to carry out three attacks: targeting the Jerusalem-Maale Adumim bus line, the Jerusalem convention center and the American embassy in Tel Aviv. (Last year, in an apparently unrelated case, Israel arrested an Iranian national photographing the embassy.) The Jerusalem Post notes:
The Shin Bet (Israel Security Agency) said an al-Qaida operative in Gaza, named as Ariv al-Sham, recruited the men separately as three independent terrorist cells. Senior Shin Bet sources said they believed Sham received his orders directly from the head of al-Qaida, Ayman al-Zawahiri. Using Skype and Facebook, Sham was able to recruit Iyad Khalil Abu-Sara, 23, of Ras Hamis of east Jerusalem, who has an Israeli ID card. During questioning, Abu-Sara, who was arrested on December 25, admitted to volunteering to carry out a “sacrifice attack” on an Israeli bus traveling between Jerusalem and Ma’aleh Adumim. In the planned attack, terrorists would shoot out the bus’s tires, causing it to overturn, before gunning down passengers at close range and firing on emergency responders.
One of them was planning to arrange to bring foreign terrorists to Israel posing as Russian tourists to aid in the execution of his plans. The report in USA Today explained why this discovery is a big deal:

Several deaths have been reported after ongoing clashes between protesters and police continued in the capital of Ukraine.  The number of deaths seems to differ among various outlets and the circumstances around some of the deaths appear to remain under investigation. From CNN:
At least four people have been shot dead and hundreds injured as demonstrators clash with police over new laws limiting the right to protest in Ukraine, the head of the protest movement's volunteer medical service, Oleg Musiy, told CNN on Wednesday. Ukraine's Interior Ministry earlier said it was investigating a death, the circumstances of which are not clear. Local media reports suggest the man may have fallen from a statue or monument. In a statement Wednesday, U.S. State Department spokeswoman Marie Harf condemned the growing violence, particularly against journalists and peaceful protesters. "Increased tensions in Ukraine are a direct consequence of the Ukrainian government's failure to engage in real dialogue and the passage of anti-democratic legislation on January 16," Harf said. "We urge the Government of Ukraine to take steps that represent a better way forward for Ukraine, including repeal of the anti-democratic legislation and beginning a national dialogue with the political opposition."
The scenes described on the streets of Kiev, Ukraine depict the continuing conflict as police tried to take back control of some of those streets. From the Wall Street Journal:
On the streets of Kiev, police fired rubber bullets and twice smashed through protesters' front lines, lashing out with batons as defenders scattered. Demonstrators fought back with fireworks and, after police retreated, set fire to piles of tires, sending plumes of black smoke into the air.

Everyone knows that Israel's Knesset is a particularly contentious place, where views are shouted out with great emotion.  I don't believe they have the floor brawls that take place elsewhere, but it's not a place where rhetoric is held back. But when foreign dignitaries visit, that's a different matter entirely. I noted the other day Stephen Harper's wonderful speech before the Knesset, the first ever by a Canadian Prime Minister, Canadian PM Harper: Academic boycott part of “mutation of the old disease of anti-Semitism”. Unfortunately, two Arab members of the Knesset heckled him and walked out when he addressed the academic Boycott, Divest and Sanction movement and the malicious propaganda line -- repeated endlessly on campuses and among some academics -- that Israel is an Apartheid state. I think it's relevant that the heckling and walkout erupted at that moment of the speech.  It shows how important the BDS movement, born as a tactic at the openly anti-Semitic 2001 Durban NGO conference, is to the anti-Israel movement internationally and at home. The Blaze has details:
Canadian Prime Minister Stephen Harper was heckled by an Arab Israeli member of parliament during a speech in which he slammed those who call Israel an “apartheid” state. Knesset member Ahmed Tibi later stomped out of the room as Harper was speaking.... He criticized those who support a boycott of Israel, equating it with historical anti-Semitism. On some campuses, intellectualized arguments against Israeli policies thinly mask the underlying realities, such as the shunning of Israeli academics and the harassment of Jewish students. Most disgracefully of all, some openly call Israel an apartheid state,” Harper said during his Monday evening address.

I'm so old, I remember when feminists believed women didn't need a man to be happy or to raise a family, and liberals argued that the American Dream was not restricted to tony subdivisions of McMansions. And then we have the Wendy Davis campaign, which has captured the heart of progressive America by supporting unfettered access to late-term abortions. But along that road to ending viable life, the Wendy Davis campaign picked up on a campaign theme that treats single moms as hopelessly failed.  Davis said it in a tweet yesterday:
Mine is the story of single mothers who feel alone in the world, searching for their chance to become something more.
Single moms need a "chance to become something more"? I accept that being a single mom presents significant challenges personally.  And there are important societal implications of single-parent households. But does that leave single-moms "alone in the world" and lacking "something more"? What about their children, and family support? Davis' campaign theme is a pretty snobby look at single moms, even as it claims to fight for them. And what about the folks who live in trailer parks? Are their lives so glum that Wendy Davis having spent a few months in a trailer park (apparently with her parents) was the other defining moment in her life? She even blurred the timeline a bit by suggesting she became a single mom and was relogated to a trailer park life at age 19, when it really was 21, just a couple of years before she met the wealthy, much older Jeff Davis who would pay her way through school and raise her children for her.

In the earliest days of the internet, an Instapundit reader suggested the term "take the Boeing" to describe when bloggers join big media outlets. Today, Volokh Conspiracy took the Washington Post's Boeing:
We’re now trying what might be the most ambitious experiment yet: a joint venture with the Washington Post. The Post will host our blog, and pass along its content to Post readers (for instance, by occasionally linking to our stories from the online front page). We will continue to write the blog, and Volokh.com will still take you here. We will also retain full editorial control over what we write. And this full editorial control will be made easy by the facts that we have (1) day jobs, (2) continued ownership of our trademark and the volokh.com domain, and (3) plenty of happy experience blogging on our own, should the need arise to return to that. The main difference will be that the blog, like the other Washingtonpost.com material, will be placed behind the Post’s rather permeable paywall. We realize that this may cause some inconvenience for some existing readers — we are sorry about that, and we tried to negotiate around it, but that’s the Post’s current approach.
I wish them well.  They are the premier group of law professor and lawyer bloggers who actually blog about the law.  Not to leave others out, but the work Eugene Kontorovich has done on The Legal Case for Israel is decisive. As for me, I don't know if I am hirable by major newspapers.  Certainly not The New York Times, for at least 10 reasons. When big media gobbles up what's left of the smaller blogosphere, I tend to throw a pity party and look for a song that fits my mood.

The Washington Post reports, Former Va. Gov. McDonnell and wife charged in gifts case:
Former Virginia Gov. Robert F. McDonnell and his wife Maureen were charged in federal court Tuesday with illegally accepting gifts, luxury vacations and large loans from a wealthy Richmond-area businessman who sought special treatment from state government. The two were charged in connection with their relationship with dietary supplement executive Jonnie R. Williams Sr. Authorities alleged McDonnell and his wife received gifts from Williams again and again, lodging near constant requests for money, clothes, trips, golf accessories and private plane rides. In exchange, they alleged the McDonnells worked in concert to lend the prestige of the governorship to Williams’s struggling company, a small former cigarette manufacturer that now sells dietary supplements.
Update:  Here is the Indictment (full embed at bottom of post):