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Le·gal In·sur·rec·tion

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The New York Times reports that the Department of Justice has released an extensive report (embedded below) clearing former Ferguson, Missouri police officer Darren Wilson of civil rights violations in the shooting death of Mike Brown in August 2014. Wilson's shooting of Brown led to weeks of often violent protests, including repeated nights of looting and arson. These protests, largely organized by Al Sharpton and similar racial activists, left portions of Ferguson in ruins. In November 2014 Darren Wilson received a no true bill from the grand jury empaneled to hear criminal charges against him, sparking additional riots. He shortly thereafter resigned from the Ferguson police department, and has stayed out of the news since. We covered the grand jury's findings extensively here at Legal Insurrection, including here: Analysis: #Ferguson Grand Jury: NO Indictment In Michael Brown Shooting In considering civil rights charges against Wilson the Department of Justice ultimately determined that the credible witnesses and forensic evidence overwhelmingly favored Wilson's narrative of lawful self-defense. The witnesses whose testimony favored a narrative of racist misconduct were found to be lies, inconsistent with the forensic evidence, or simply not credible relative to the witnesses favorable to Wilson's narrative. A Department of Justice investigation continues into the Ferguson police department generally, on the basis that the department has engaged in racist activity. The specific examples noted by the New York Times, however, seem only to illustrate mockery of President Obama and his wife, rather than black people generally.
A report from that investigation found a wide pattern of discrimination by the city’s police force, and said that city officials had sent racist emails on their government accounts. One depicted President Obama as a chimpanzee. Another included a photo of topless African women with the caption, “Michelle Obama’s high school reunion.”
One can't help but recall the thousands of Progressive depictions of President George W. Bush as a chimpanzee during his administration.  Not racism, I guess.

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The plot thickens. Monday, the New York Times broke the story about Hillary Clinton's little email problem. The former Secretary of State used a personal email account the entire time she served as DOS's top dog. As Professor Jacobson pointed out yesterday, use of personal email for state business appears to be in violation of record keeping rules. This morning, the Associated Press reported that not only was Clinton using a personal email account, she was running the account from servers located in her home (emphasis added):
The computer server that transmitted and received Hillary Rodham Clinton’s emails — on a private account she used exclusively for official business when she was secretary of state — traced back to an Internet service registered to her family’s home in Chappaqua, New York, according to Internet records reviewed by The Associated Press. The highly unusual practice of a Cabinet-level official physically running her own email would have given Clinton, the presumptive Democratic presidential candidate, impressive control over limiting access to her message archives. It also would distinguish Clinton’s secretive email practices as far more sophisticated than some politicians, including Mitt Romney and Sarah Palin, who were caught conducting official business using free email services operated by Microsoft Corp. and Yahoo Inc.
The AP report suggests Clinton was using the server to navigate around transparency:
Operating her own server would have afforded Clinton additional legal opportunities to block government or private subpoenas in criminal, administrative or civil cases because her lawyers could object in court before being forced to turn over any emails. And since the Secret Service was guarding Clinton’s home, an email server there would have been well protected from theft or a physical hacking.
And then there's this ghost that ran Clinton's servers:
It was unclear whom Clinton hired to set up or maintain her private email server, which the AP traced to a mysterious identity, Eric Hoteham. That name does not appear in public records databases, campaign contribution records or Internet background searches. Hoteham was listed as the customer at Clinton’s $1.7 million home on Old House Lane in Chappaqua in records registering the Internet address for her email server since August 2010.

British street artist, Banksy, recently visited Gaza. According to Mashable, this was not his first trip:
The Palestinian territory is not a new base for the British graffiti artist; in 2005 he made headlines for his art on Israel's West Bank barrier. There were nine images in total, including one work with a girl attempting to float over the wall holding balloons, one of children playing on the sand with a hole above them showing a beach in the wall, and another of a dove with an olive branch and a bullseye on its chest.
Far from politically conservative, much of Banksy's art rails against corporations and the wealthy, is anti-war, and pretty much diametrically opposed to any political view I have. His Occupy-like sympathies aside, Banksy is incredibly talented. If only he used his talents for good, rather than wasting them on anti-Israel propaganda...

In case you missed it, yesterday Israeli Prime Minister Benjamin Netanyahu delivered a speech before Congress eviscerating Obama's policy toward Iran and triggering a complete meltdown amongst Democrats and liberal talking heads. I included the rail-jumping from MSNBC institution Chris Matthews in a previous post, but something he said during his rant has been nagging at me ever since I blew it off and hit "publish":
Speaking to Thomas Roberts shortly after Netanyahu’s speech ended, Matthews said definitively, “This man from a foreign government walked into the United States legislative chamber and tried to take over foreign policy.” “He said you should trust me, not your president on this,” Matthews continued, describing the tone of Netanyahu’s remarks. “I’m the man you should trust, I’m your true leader on this question of U.S. geopolitics. If you want to protect yourself, you must listen to me and not this president.” Calling the situation “startling,” Matthews said, “It’s a remarkable day when the leaders of the opposition in Congress allowed this to happen. Think it through, what country in the world would let a foreign leader come in and attempt to rest from the president control of U.S. foreign policy?” “This was a takeover attempt by Netanyahu with his complying American partners to take American foreign policy out of the hands of the president,” he concluded.
Watch:

If Israel were an Arab country, it would receive near-universal praise as a paragon of justice. Its robust protections of freedom of speech, along with frequent and open elections, would make it the only Arab state in which people have a real say in the operation of their government. Israel would be celebrated as the only gay-friendly state in a region of rampant anti-gay persecution. Its strict prohibition of the traditional practice of honor killings — where women accused of disgracing the family name are murdered by their male relatives — would be lauded as proof of its progressive and egalitarian values. And its modern capitalist economy, driven by a dynamic high-tech sector, would be the model for other Arab nations seeking to lift their people from the depths of poverty. Of course, Israel isn’t an Arab nation, and it is treated according to this double-standard. It is the world’s only majority-Jewish state, and it is surrounded by Arab theocracies, dictatorships and monarchies, each of which have gone to war in a failed bid to end its existence. And yet, Israel’s remarkable history of repeated triumph in the face of seemingly insurmountable adversity receives little sympathy among some “left-wing” segments of communities across the nation. It is not immediately obvious why this is so. Israel’s history reads like a liberal success story.

The last time we checked on California's new rules for issuing driver's licenses to undocumented immigrants, the Department of Motor Vehicles was so overwhelmed with requests for new licenses that it can take up to three months to get an appointment...even for lawful citizens. The new program has been so popular that now over 110,000 illegal immigrants now hold those vital pieces of identification.
California has handed out 110,000 driver's licenses to immigrants in the country illegally during the first seven weeks of applications. The figures for all of January and much of February were released this week by the state's Department of Motor Vehicles. In early January when the law took effect, hundreds of immigrants lined up at designated DMV offices for walk-in appointments. The applicants have to submit documents and take a written test, and later, they must take a road test. They receive licenses that read "not acceptable for official federal purposes" like boarding planes.
Let's take a look at the written test requirements for a moment. I remember studying diligently for several hours before taking my exam several years ago, and being very nervous about getting the correct answers. It is difficult to believe so many immigrants who have not had basic educational opportunities either here or in their native land would pass the exam.

My formerly home State of Rhode Island and Providence Plantations is keeing up its long history of corrupt politicians. In March 2014, we reported how Gordon Fox, the RI House Speaker and most powerful politician in Rhode Island was resigning after fed and state police raid. Now we know why. The FBI has issued a press release that Fox is pleading guilty to three federal charges:
Former Rhode Island House Speaker Gordon D. Fox, 53, of East Providence, has waived federal indictment and is expected to plead guilty in federal court to a three-count Information charging him with wire fraud, bribery and filing a false tax return. The charges stem from former Speaker Fox’s theft of $108,000 donated by campaign supporters to pay for personal expenses; his acceptance of a $52,000 bribe to advocate and move for issuance of a liquor license for an East Side restaurant while serving as Vice-Chairman of the City of Providence Board of Licenses in 2008; and his failure to account for these illegal sources of income on his tax returns....
News, Weather and Classifieds for Southern New England Via News 10:

This "standing headline" is becoming so ubiquitous it ought to be formally recognized as an internet meme. A robbery suspect, identified in the CNN report simply as "Africa" or "Brother Africa" was being arrested by four LAPD officers yesterday in Los Angeles.  He was violently non-compliant, as evidence by the video below and by eye witness testimony.  Witness Yolanda Young told local news reporters from KTLA:
He was down, but then he jumped up, like he was juiced up, and then he started swinging at the police and they were fighting him back.
[NOTE: Video above was replaced on 3/3/315 with a version that was not "fuzzed-out," as was original video.]

Earlier today we provided full coverage of Israeli Prime Minister Benjamin Netanyahu's remarks to Congress, and watched the country react as the man many are now calling the de facto leader of the free world completely and utterly devastated President Obama's plans to strike a nuclear deal with Iran. During the speech, I noted that once things got rolling, the loss of the boycotting Democrats was barely noticed. What was noticed was how proud the membership in the chamber was of Netanyahu, and his resolve in the face of not just enemies in the Middle East, but also opposition from the US, historically one of Israel's closest allies. After the speech, Obama...he didn't give a statement. He pitched a fit:
Later, at the White House, Obama took issue with Netanyahu's comments as well as the invitation that led to his speech. "On the core issue, which is how do we prevent Iran from obtaining a nuclear weapon, which would make it far more dangerous and would give it scope for even greater action in the region, the prime minister didn't offer any viable alternatives," he said. Asked before a meeting with Defense Secretary Ash Carter about Netanyahu speaking before Congress, Obama said the U.S. has a system of government where "foreign policy runs through the executive branch and the president, not through other channels."
Obama's response was bad. Pelosi's was almost worse:

Leaders in the Democratic Party have begun to figure out that if their far left base gets too excited about a candidate like Elizabeth Warren, it could create problems for the presumed nominee, Hillary Clinton. Weasel Zippers points to a column by Think Progress:
Sexist Warren Buffett Goes On The War Path Against Liz Warren (Socialist – MA) – She Is Too ‘Angry’ And ‘Violent’ With Rich People Liz sure as heck isn’t friendly with the middle class either.
Via Think Progress: In an interview Monday morning with CNBC, Berkshire Hathaway CEO and billionaire Warren Buffett was asked what he thinks of Sen. Elizabeth Warren (D-MA) and her views of Wall Street. “I think that she would do better if she was less angry and demonized less,” he responded. “I believe in hate the sin, love the sinner, and I also believe in praising by name and criticizing by category.” He continued that while there are “plenty of other candidates” whose political style he doesn’t agree with, “I do think it’s — I think it’s a mistake to get angry with your, with people that disagree with you,” he said of her. “In the end we do have to work together… And it does not help when you demonize or get too violent with the people you’re talking to.”[…] But Buffett’s use of the emotional word “angry” may be a sign of some subtle sexism.
The effort to squash the 'Warren wing' is on. Big time.

We've provided extensive coverage of the drama surrounding Israeli Prime Minister Benjamin Netanyahu's address to Congress---and now, the day has finally arrived. We'll be providing tweets and commentary below the fold. Where will Obama be while Netanyahu is speaking? Huddled in the situation room:
Obama will hold a video conference at 11:30 a.m. to discuss Ukraine and other foreign policy issues with British Prime Minister David Cameron, French President François Hollande, German Chancellor Angela Merkel, Italian Prime Minister Matteo Renzi and European Commission President Donald Tusk, according to an updated schedule released this morning.
Feed goes LIVE at 11 am: (Video troubles? You can also watch HERE, via C-SPAN.) Background: Obama Launches Preemptive Interview on Bibi Speech Netanyahu wins narrative at #AIPAC2015 Congressional Choice not Bibi v. Barack – but Western Civilization v. Iranian Mullahs Netanyahu at #AIPAC2015 (Live) Administration Attacks on Bibi Spur Bipartisan Support for Israel

News broke yesterday, via The NY Times, that Hillary Clinton used a personal email account to conduct government business the entire time she was Secretary of State, which would appear to be a violation of record-keeping rules:
Hillary Rodham Clinton exclusively used a personal email account to conduct government business as secretary of state, State Department officials said, and may have violated federal requirements that officials’ correspondence be retained as part of the agency’s record. Mrs. Clinton did not have a government email address during her four-year tenure at the State Department. Her aides took no actions to have her personal emails preserved on department servers at the time, as required by the Federal Records Act. It was only two months ago, in response to a new State Department effort to comply with federal record-keeping practices, that Mrs. Clinton’s advisers reviewed tens of thousands of pages of her personal emails and decided which ones to turn over to the State Department. All told, 55,000 pages of emails were given to the department. Mrs. Clinton stepped down from the secretary’s post in early 2013.
WaPo further reports that Hillary created a separate domain for her email just before assuming office:

After almost two months of funding drama, Congress is no closer to resolving the Department of Homeland Security's funding in a dispute over President Obama's immigration executive action. In a Ground Hog-esque day turn of events, we're right back where we started. Thanks, Democrats. Speculation that Pelosi and company agreed to support a one week bill because Boehner was considering a "clean" funding bill akin to the Senate, found its way into more than one mainstream media write up of the DHS debacle this weekend. Because we'd rather not take someone else's word for it, we inquired independently. This weekend, Speaker Boehner's office assured us House Republicans had no plans to capitulate to the demands of Senate Democrats. As to the speculation that there was some kind of a deal with Pelosi? "There is no such 'deal' or promise," says Boehner Spokesman Michael Steel. House Majority Whip Steve Scalise echoed the sentiments saying, “There is no such deal and there’s no such bill,” Scalise said on “Fox News Sunday." “On Friday, there was a bill on the House floor to pass a clean funding bill. We rejected that because we said we’re fighting the president on what he’s doing illegally on immigration," according to The Hill. "We are not giving in to Senate Democrats’ blackmail," Boehner said, "Will keep fighting Obama’s unilateral action on immigration to protect Constitution."

In an interview with Reuters published yesterday, President Obama launched a pre-emptive strike against Israeli Prime Minister Benjamin Netanyahu's planned speech before a session of Congress. I won't attempt to fisk the whole thing, but a few things stuck out as patently false.
Now keep in mind the prime minister, when we signed up for this interim deal that would essentially freeze Iran’s program, roll back its highly enriched uranium - its 20 percent highly enriched uranium - and so reduce the possibility that Iran might breakout while we were engaged in these negotiations, when we first announced this interim a deal, Prime Minister Netanyahu made all sorts of claims. This was going to be a terrible deal. This was going to result in Iran getting 50 billion dollars worth of relief. Iran would not abide by the agreement. None of that has come true.
I'm not sure that Netanyahu made a claim of $50 billion in sanctions relief. I believe the number was closer to $20 billion and that the actual relief Iran got was closer to the Israeli estimate than the administration's lowball estimate. But I don't have the time right now to research this, but I'm skeptical about this claim.

Rasmea Odeh is the Chicago resident who was convicted of a supermarket bombing in Jerusalem in 1969 that killed Edward Joffe and Leon Kanner, two university students. Despite claims from Rasmea's supporters, the evidence of her guilt was overwhelming, as set forth in my post, Rasmea Odeh rightly convicted of Israeli supermarket bombing and U.S. immigration fraud. That evidence was bolstered even further with additional bombing evidence revealed in the Sentencing Memorandum filed by prosecutors in a criminal case in Detroit, in which Rasmea was found guilty in November 2014 of immigration fraud for concealing her Israeli conviction and imprisonment. Sentencing is March 12, 2015. Claims that Rasmea only confessed after several weeks of sexual torture are belied by the fact that she gave a detailed confession just one day after arrest in 1969. That confession was further confirmed decades later in pro-Palestinian documentaries in which Rasmea's co-conspirators confirmed Rasmea's leadership role in the bombing. Nonetheless, Rasmea has been turned into a hero of the American anti-Israel activist community. A Justice4Rasmea shirt even was worn by a protester at the anti-AIPAC protest led by Code Pink and others. In court proceedings, Rasmea remains defiant, alleging a conspiracy against her, acknowledging responsibility for nothing. Rasmea's mendacity on the witness stand, in which she not only lied but defied the Judge's orders, forms part of the basis why the government is seeking a 5-7 year sentence, almost three times the sentencing guidelines. We have focused, to date, on Edward Joffe, including statements by Edward's brother and niece, and a video of Edward's mother reflecting on the loss of her son: