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Le·gal In·sur·rec·tion

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This month's attacks in Paris, France killed 130 innocent people and left hundreds more battered, bruised, and reawakened to the danger of radical Islamic terrorism in the west. Political leaders and presidential candidates are speaking out, and everyone's megaphone is pointed straight at Syria and the heart of ISIS. BBC anchor and host of This Week Andrew Neil took his network's coverage to the next level this week when he totally let loose against the terrorists' ideals: “Welcome to This Week, the week in which a bunch of loser jihadists slaughtered 132 innocents in Paris to prove the future belongs to them, rather than a civilization like France. Well, I can’t say I fancy their chances.”

LATEST NEWS

I was a guest earlier today on The Craig Silverman Show on 710 KNUS in Denver. For almost 20 minutes we talked about the use or refusal to use the term "radical Islam," Obama's world view and foreign policy, Jesse Watters' visit to Cornell, and the vote at the American Anthropological Association last night to send an anti-Israel academic boycott resolution to a vote by the full membership in the spring. If you didn't hear about the vote, you can read about it at the Times of Israel. I previously wrote about how over the course of several years anti-Israel professors and graduate students put together misleading and dishonest seminars and publications which presented a completely one-sided view of the conflict. That was compounded by a study commissioned by the AAA in which the authors adopted a settler colonial approach to predetermine the outcome of the study by framing it as Israel being illegitimate, then finding facts to support the narrative while ignoring or diminishing contrary facts. This series of maps, displayed outside the voting session purporting to show Palestinian loss of land, reflects the type of propaganda used to pass the boycott on to the membership. It's the false and misleading series of maps that MSNBC apologized for using because it is wrong. Yet it was on full display at AAA.

Authorities in Europe are tense due to warnings of another attack or wave of attacks. Belgium has raised its terror alert to the maximum level and has nearly shut down. The Guardian reports:
Brussels in lockdown after terror threat level is raised to maximum Brussels has been blanketed with security after the Belgian government raised alert levels on terrorist threats to the maximum, warning of the “serious and imminent” possibility of a Paris-style attack involving firearms and explosives. The city’s metro system was closed down on Saturday until Sunday afternoon at the earliest as shops shut, shopping malls were partly shuttered, professional football was cancelled, concerts were called off and music venues, museums, and galleries closed their doors for the weekend.

This past Monday we wrote about the start of the re-trial of retired firefighter Raul Rodriguez who was previously convicted of murder and sentenced to 40 years in jail after shooting a neighbor over a dispute about the neighbor's noisy party. Rodriquez had claimed self-defense justification for the killing.  That prior post can be found here: Retrial Begins for Firefighter Who Selfied “Stand-Your-Ground” That re-trial ended yesterday with the jury returning a verdict of guilty of murder after three hours of deliberation, reports the Houston Chronicle. Rodriquez first murder conviction in this case was overturned because of a somewhat subtle error in the jury instructions on self-defense, as covered in some detail in a post last December, New Trial for Man Who Video Recorded Own “Self-Defense” Shooting.   No one knew, of course, whether the mistaken jury instruction had led the first jury astray and resulted in an improper guilty verdict, but a defendant is entitled to correct jury instructions and so a re-trial was ordered on appeal. This second conviction seems completely unrelated to the concerns surrounding the first--an issue of the timing of when Rodriquez may have openly displayed his concealed carry pistol--but instead focuses strictly on the issue of provocation.
"This case is about provocation, pure and simple," prosecutor Kelli Johnson told jurors in closing arguments earlier in the day. "The law doesn't allow you to create a situation and then claim self-defense."

Now they've gone too far. Someone tell me this is a hoax, and we've all been had. Progressive or Parody? But, I fear this report from The Ottawa Sun is not a joke. Free Ottawa yoga class scrapped over 'cultural issues':
Student leaders have pulled the mat out from 60 University of Ottawa students, ending a free on-campus yoga class over fears the teachings could be seen as a form of "cultural appropriation." Jennifer Scharf, who has been offering free weekly yoga instruction to students since 2008, says she was shocked when told in September the program would be suspended, and saddened when she learned of the reasoning. Staff at the Centre for Students with Disabilities believe that "while yoga is a really great idea and accessible and great for students ... there are cultural issues of implication involved in the practice," according to an email from the centre....

After Congressman Paul Ryan became Speaker of the House, we remarked that he "may surprise us." I must admit, the surprises have exceeded my skepticism, especially after the House defied a veto threat by the President and overwhelmingly passed legislation to suspend Obama's program to admit 10,000 Syrian refugees in the next year. And Ryan shed not one tear doing so, either. It appears that this newly found political courage is infectious. The Senate is now making a move to defund some climate change inanity, to the tune of $3 billion dollars.
Republicans are taking aim at a new “Green Climate Fund,” as they look to weaken President Obama’s hand in global climate talks later this month. The pot of money, a $3 billion climate change pledge the president’s administration made last year, is something officials hope to bring to the negotiating table at United Nations summit in Paris.

Hillary Clinton's widely publicized public hearing before the House Select Committee on Benghazi did not signify the end of the committee's investigation. Earlier this week, the House Select Committee interviewed an unnamed witness from the State Department. Sarah Westwood of the Washington Examiner has that story:
Members of the House Select Committee on Benghazi interviewed an unnamed State Department witness Wednesday in a closed-door, transcribed session. The witness, who worked on Libya policy at the agency, was the third interviewed by the committee since its highly-publicized hearing with Hillary Clinton on Oct. 22.

In the newest edition of Afterburner, Bill Whittle lays blame for the recent terror attacks in Paris and Mali at the feet of liberals who appease and reward radicalized Muslims. Whittle points out that increased immigration to France from Muslim countries led to no-go zones which became incubators for radical Islam. Instead of dealing with this problem, he continues, socialists rewarded immigrants with more sympathy and benefits.

On Tuesday, December 15, Las Vegas will play host to the 4,752nd 5th Republican presidential debate. Wolf Blitzer will moderate, joined by Dana Bash and Hugh Hewitt. Once again, we're looking at two sessions---a kids' table discussion, and a prime time debate featuring those candidates who meet one of three criteria in a set series of polls. If a candidate wants to grab a podium on the main stage, he or she will have to poll at an average of 3.5% nationally, or hit at least 4% in either Iowa or New Hampshire. To sit at the kiddie table, a candidate must scratch together at least 1% in four separate national, Iowa or New Hampshire polls. As usual, we have safe candidates, bubble candidates, and candidates who should probably just go home:
Right now, nine candidates would make cut for the Republican National Committee sanctioned debate at The Venetian in Las Vegas: Donald Trump, Ben Carson, Florida Sen. Marco Rubio, Texas Sen. Ted Cruz, former Florida Gov. Jeb Bush, Ohio Gov. John Kasich, Kentucky Sen. Rand Paul, Carly Fiorina and New Jersey Gov. Chris Christie.

Since footage of the terrorist attacks in Paris started plastering itself across our computer and television screens, the country---and the rest of the world, at this point---has been engaged in a knock down, drag out battle royale over refugees, terrorists, refugees who might be terrorists, and most notably, the influence and effects of Islamic culture in America. Everyone---from our grandmas to our long lost high school frienemies to the presidential candidates from both parties---have chimed in with condolences, opinions, and solutions to address the refugee crisis and the rise of radical Islam. The key word here is radical. By and large, the commentary has centered on how to counter the threat of radical Islamic terrorism on American soil, but even so, the this-or-that-and-nothing-else-type arguments posited by talking heads and politicians have acted as chum in the water for comms shops and operatives looking to update the RAAAAACISM narrative for the 2016 cycle. It's been an ugly time on Facebook on Twitter---and the DNC wants you to know that they're watching. They put out an ad today accusing the Republican presidential candidates of lumping all Muslims together with ISIS and other radical sects. The only problem is, they couldn't seem to find a single example of a Republican presidential candidate lumping all Muslims together with ISIS and other radical sects. Watch this nonsense:

Brandeis University becomes the latest school to receive a set of demands from a student protest group... or else. The group, calling itself Concerned Students 2015, made the following demands, according to an all-campus email from Brandeis Interim President Lisa Lynch forwarding an email she had received:
---------- Forwarded message ---------- From: Ford Hall <[email protected]> Date: Thu, Nov 19, 2015 at 1:33 PM Subject: Fwd: URGENT: Demands from Concerned Students 2015 To: [email protected] Dear President Lynch,
“The university that carries the name of the justice who stood for the rights of individuals must be distinguished by academic excellence, by truth pursued wherever it may lead and by awareness of the power and responsibilities that come with knowledge.” - Last paragraph of Brandeis University’s Mission
We, the concerned students of Brandeis University, take pride in being Brandeis students. We care deeply about the future and progress of this university and want this university to continue to attract and produce the world’s greatest and most critical minds. This is why we are dedicated to the needs of our fellow students and believe we must hold this beloved university to its mission.

Wednesday, I argued that debate over the Syrian refugee crisis detracts from the heart of the issue -- President Obama’s incompetency combatting radical Muslim terrorist cells. Had this administration some semblance of strategy or will to win, the contentious and overly politicized refugee debate would be nonexistent. There would be no need for for the masses to flee heinously violent Islamist terrorists.
The better discussion here is not refugees that will take at least 18 months to vet, but how an absence of overall strategy has resulted in an emboldened ISIS. Speaking from Turkey earlier this week, President Obama renewed his commitment to stay the course with the current strategy to fight ISIS (whatever that is) and admitted he has no interest in, “pursuing some notion of American leadership or America winning,” an attitude that become more obvious by the day.
Prior to Thursday's House vote to halt President Obama's Syrian refugee proposal, Rep. Trey Gowdy also argued that, "the people in charge of our foreign policy seem more interested in treating the symptoms," rather than addressing why thousands are fleeing their homeland.

The organized smear campaign against UT-Austin Israel Studies professor Ami Pedahzur continues unabated. For those of you who are new to the story, the UT-Austin Palestine Solidarity Committee invaded an Israel Studies event hosted by Prof. Pedahzur (possibly in violation of the campus code), refused either to participate in the event or leave, and instead disrupted the event, ending in shouts of "Free, Free Palestine" and "Long Live the Intifada." The disruption was led by UT-Austin law student Mohammed Nabulsi. According to what he wrote afterwards, when Prof. Pedahzur learned after the event that two of the leaders of the disruption used online aliases of known terrorist names, he became concerned that the aggressive behavior posed a risk of escalation that worried him, particularly in light of the Paris terrorist attacks. Nabulsi has written of the need for the anti-Israel boycott movement to support Hamas, Islamic Jihad and other "resistance" groups.

NOTE: This post has one correction and one clarification, as noted below. One of Florida's more interesting laws is the so-called "10-20-Life" statute, properly cited as §775.087 Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.  In a nutshell, §775.087 provides, among other things, for mandatory minimum sentences for the possession or use of a firearm while committing one of several enumerated violent crimes.  It appears likely now that some substantial changes will be made to §775.087, particularly in the context of self-defense, on the basis of a bill moving through the Florida Senate.  (The PDF of the proposed revised bill, currently named SB 228, is embedded at the bottom of this post.) §775.087 has, of course, long been a target for groups who oppose mandatory minimum sentencing as a matter of policy.  More interestingly, it has also become a target for the self-defense advocacy community, who believe the statute has been used inappropriately against people who were merely acting in self-defense. In effect, the statute lists 18 various crimes, and then establishes mandatory minimum sentences if a person convicted of one of those crimes was either in possession of or discharged a firearm while committing the underlying crime:

§775.087(2)(a)(1): Possession of firearm = 10 year mandatory minimum.

§775.087(2)(a)(2): Discharge of firearm = 20 year mandatory minimum.

§775.087(2)(a)(3): Discharge causing death or great bodily harm = 25 to life mandatory minimum.

Note that each of those mandatory minimum sentences is to run consecutively with (on top of) sentencing for the underlying crime.  Thus it's actually possible to receive a longer sentence for the "10-20-Life" portion of the offense than for the underlying offense itself. CORRECTION: I am advised by Florida public defender (appellate division) Steven Gosney that the §778.087 mandatory minimum "bumps up" the sentence for the underlying criminal charge, it is not in addition to that underlying sentence. So an aggravated assault sentence of 5 years, in which a firearm was discharged, would under §778.087 be increased to a total of 20 years; it would not end up as a combination of 5 years for the underlying charge and an additional 20 years for §778.087.

When asked about combating ISIS at the Democratic Party debate last Saturday, Hillary Clinton said "It cannot be an American fight." She took some heat for saying that, even from the left. After what must have been a furious few days of focus groups and word testing, she presented a plan to defeat ISIS in a speech at the Council on Foreign Relations yesterday. CNN reports:
Hillary Clinton calls for U.S. to 'intensify and broaden' efforts to fight ISIS Hillary Clinton is calling for more allied planes, more airstrikes and a "broader target set" -- though no large-scale mobilization of U.S. ground troops -- to combat the Islamic State in Iraq and Syria. She urged Congress to approve a new authorization of the use of military force against ISIS, saying that doing so would signal "that the U.S. is committed to this fight. The time for delay is over. We should get this done."