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Le·gal In·sur·rec·tion

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Back in October, I covered a Gallup poll that showed the majority of Americans don't support a handgun ban. At the time, only 27% of Americans said they would support such a ban. Two studies covered by Legal Insurrection later that month revealed that the Obama Administration's renewed push for stricter controls and limited carry actually runs contrary to the social science of controlling violence and keeping people safe. The thing is, you'd never know it with the way the mainstream media covers issues like gun control, urban violence, and the Second Amendment. The scope and tragedy of deaths due to gun violence aren't just fodder for "very special episodes" of shows like Dateline---they're chum in the water for an opportunistic media determined to forward the interests of anti-gun, pro-regulation activists. Case in point: in the wake of the Umpqua Community College shooting in Rosebud, Oregon, the New York Times unleashed an apparent expose on Sheriff John Hanlin, drawing out his past, pro-gun thought crimes and using them to turn the conversation away from mental illness and toward the Brady Campaign's push for Hanlin's firing---and a strict, anti-gun agenda. We saw it coming from a mile away, but that doesn't make it any less frustrating. We as conservatives have learned not to trust the media when it comes to reporting on guns---which is what makes this next video so refreshing. Atlanta-area journalist Ben Swann has committed a cardinal sin: he looked directly into the camera and defended the Second Amendment. Watch:

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I officially feel sorry for Jeb Bush. In the wake of the CNBC debate, I said without hesitation (for about the 55th time) that he simply doesn't want to be president. I've seen nothing out of him that convinces me he really wants this. (This is one of those "feature/bug" scenarios. I don't think there's anything wrong with the fact that he doesn't want the White House---I wouldn't---other than the fact that he's wasting his and our time with a multimillion dollar campaign.) The Bush campaign has gone from lukewarm, to tragedy, and finally to farce---but they're not done yet. We have a new slogan: "Jeb Can Fix It." Read this report from the AP while I rub my temples and quietly pray for 2017:

TransCanada, the Calgary-based company behind the push to construct the Keystone XL pipeline, has asked Secretary of State John Kerry to pause the State Department's review of the project until state-level negotiations on the actual construction of the pipeline are resolved. TransCanada is currently in the middle of both a legal and logistical battle regarding the future pipeline's route through Nebraska. The company has found itself in a months-long dispute, and is now asking "out of respect for that process" to suspend consideration and a decision on the pipeline's fate until negotiations over the route through Nebraska are settled. (Note that TransCanada has not withdrawn its application; if granted, the suspension would constitute a pause on a final decision for 7 to 12 months while the Nebraska question is resolved.) More from CTV:

China has been a global hub for manufacturing counterfeit electronics and consumer goods, but as the Asian giant asserts its dominance in the Asian Pacific and beyond, its defense establishment is using the same approach to modernise its vast armed forces.  Despite its large standing and reserve army, Chinese Armed Forces technologically lags behind US, Russian and NATO forces. China has decided to manufacture ‘counterfeit’ high-end defense technology on a large scale to overcome its existing strategic weakness. According to a recent report published by the US Naval Institute, China is using military espionage and reverse engineering to build a modern army with “cloned weapons.” Using cyber espionage and by making secret deals with US arms buyers, China has managed to obtain advance US weapons technology. China is reportedly also targeting Russia in its quest for high-end military technology. The Chinese often buy single units of Russian advanced military systems on a “trial” basis and reverse-engineer the weaponry to produce a large-scale Chinese version:

This is the next battlefield, which already has arrived. As far as the feds are concerned, it is unlawful discrimination if a school provides anything less than full, unrestricted access for male transgender students to areas previously deemed private girls-only areas, such as showers and locker rooms. The NY Times reports, Illinois District Violated Transgender Student’s Rights, U.S. Says:
Federal education authorities, staking out their firmest position yet on an increasingly contentious issue, found Monday that an Illinois school district violated anti-discrimination laws when it did not allow a transgender student who identifies as a girl and participates on a girls’ sports team to change and shower in the girls’ locker room without restrictions.
These threats are being made by the same Civil Rights Division of the U.S. Department of Education whose threats of action against universities led to the current kangaroo court situation on campuses, where accused students (almost always male) have few procedural protections. In the letter, the feds made clear that the limitation of access to the showers and locker room was the only issue. In all other respects, the feds acknowledged, the District "has honored" the student's "request to be treated as female," including access to girls' restrooms. The school even allowed the student -- who has not undergone a sex change operation -- to change in the girls locker room, but behind a curtain, the Times reported:

The CNBC debate has sparked a number of conversations on the very real issue of liberal bias in the media. As Professor Jacobson pointed out last night, this is an opportunity for Republicans. When the issue is being discussed seriously on MSNBC, you know we've reached a turning point. Yesterday on Morning Joe, host Joe Scarborough challenged his panelists to answer a simple question. Mark Finkelstein of NewsBusters has the story:
Scarborough: No Republican Has Hosted Network Sunday Show or Newscast in 50 Years In the wake of the CNBC debate debacle, Joe Scarborough went on an epic rant on liberal media bias on today's Morning Joe. He summed things up this way, in challenging the panel: "you can't do it and nobody here can do it: name the single Republican that has hosted a Sunday show, that has been an anchor of a news network for the big three networks over the past 50 years: you can not do it."

Jesse Watters of the O'Reilly Factor on Fox News visited Cornell late last month to interview students about a Cornell Daily Sun report that over 96% of faculty donations went to Democrats. And then a funny thing happened. Cornell Media Relations shut Watters down. Which created -- as I predicted -- a Streisand Effect. There was widespread criticism of Cornell's handling of the event, including by mainstream media.

Back in June, the anti-Democratic Erdogan regime fielded a major blow when Turkish voters, led by the Kurds, denied the Justice and Development Party (or A.K.P.) a parliamentary majority. It was a victory for not only the Kurds, but for liberal and/or secular Turks who had spent years protesting the power creep advocated by President Recep Tayyip Erdogan and the A.K.P., as well as the administration's crackdown against dissidents. After that election, we wondered, could this be the beginning of the end of Erdogan's hold on power? It would have been a long time coming for the man who was behind the 2010 Gaza "Flotilla," and who turned to paranoid Jew-baiting to whip his base into an anti-Israel frenzy. Unfortunately, that victory was short lived; yesterday, Erdogan and the Islamist-rooted A.K.P. fielded enough votes to return the Turkish government to single-party rule and continue their push to drastically alter the Turkish constitution to be more receptive to executive-centered rule. From the New York Times:
“There is a president with de facto power in the country, not a symbolic one,” Mr. Erdogan told the crowd in his hometown, the Black Sea city of Rize. “The president should conduct his duties for the nation directly, but within his authority. Whether one accepts it or not, Turkey’s administrative system has changed. Now, what should be done is update this de facto situation in the legal framework of the Constitution.”

On Saturday night, I wrote that the GOP needs to make an example of NBC News after the CNBC moderating debacle. The point was not that NBC News is the worst offender, it's that it was the wrong place at the wrong time for NBC News, and the right place at the right time for the GOP to pick a fight with the media. The RNC decision to pull NBC News (and its affiliate, Telemundo) from the debate to be co-moderated with National Review was a first step. But it is not enough. The GOP needs to reset the narrative of the networks being in control. For too long GOP presidential candidates have been subjected to Democrat-agenda journalists during Republican primary debates. George Stephanopoulos' grilling of Mitt Romney in the 2012 Republican debate was a classic of the genre:

October's CNBC-hosted Republican debate threw into full relief the bias inherent in the mainstream media's handling of electoral politics. In the wake of the broadcast, both the MSM and RNC leadership fielded comments and accusations from candidates (and conservative bloggers...) rendered beyond frustrated at the CNBC moderators' questions, tone, and approach to a slate of candidates they treated like a lineup of hostile witnesses. Donald Trump has spent a great deal of time since that debate lashing out at the media over its treatment of conservatives, and his latest move is one that his supporters hope will set him further apart from the pack. Republican campaign reps gathered together this weekend in a meeting organized by GOP attorney Ben Ginsberg to craft a list of demands the entire slate of GOP candidates could present to network executives before the next debate. Representatives from Trump's campaign attended this meeting---then promptly announced their intention to independently negotiate with the networks apart from Ginsberg's efforts.

Tone deaf? How does it work? This. This is how it works. Monday, the RNC sent a round of fundraising emails addressed from failed Presidential Candidate, Senator McCain. Screen Shot 2015-11-02 at 1.50.04 PM

Monday afternoon, President Obama signed a two-year budget deal saying it was, "a signal of how Washington should work." Avoiding an election-year budget showdown, the bill suspends the debt limit until March of 2017 and brings the national debt total to a staggering $20 trillion. According to USA Today:
Some House Republicans had proposed the former debt limit — which was set to expire Tuesday — to leverage more spending cuts from the administration. Outgoing House speaker John Boehner, R-Ohio, put together a plan to avoid breaching the debt limit, saying that doing so would threaten the nation's credit rating. The bill sets the federal budget for fiscal years 2016 and 2017, with an end to spending caps that had affected both national defense and domestic programs. "By locking in two years of funding," Obama said, "it should finally free us from the cycle of shutdown threats and last-minute fixes. It allows us to, therefore, plan for the future."
The two-year budget deal was passed by the Senate Friday with a vote of 64-35. All 35 dissenting votes were Republican. Several Senate Republicans vocally opposed the budget deal which essentially robs the Social Security Trust Fund of about $150 billion. Senator Lee referred to the bill as, "the last gasping breath of a disgraced bipartisan Beltway establishment on the verge of collapse."

Last we reported, eight non-profit co-ops created by the Affordable Care Act announced they were closing. Two weeks later, that number is now eleven. State and federal regulators have suspended Arizona's Meritus Health Partners and Meritus Health Mutual Partners. Like the ten non-profit tax-payer funded co-op closures before, regulators cited financial troubles as the reason for the co-op closure. The Washington Examiner reported:
State regulators have suspended the company that operates as Meritus Health Partners and Meritus Health Mutual Partners to ability to sell or renew plans to Obamacare customers for 2016. The federal government kicked the co-op out from offering plans on the Obamacare marketplaces. The Arizona Department of Insurance had issued an order of supervision against the company, requiring that the insurer no longer offer plans after the end of the year.

Kate Steinle's murder by an illegal immigrant with a violent criminal past and several deportations under his belt resulted in public outcry against sanctuary cities.  While the left-leaning media worked overtime trying to show there is no link between violent crime and illegal immigration (one even going so far as to argue that illegal immigration decreases crime rates), the state legislature in North Carolina decided to take action. North Carolina governor Pat McCrory has signed a bill into law that effectively bans sanctuary cities in his state. The Washington Examiner reports:
North Carolina Gov. Pat McCrory signed a bill into law Wednesday that bans any policy that interferes with the enforcement of federal immigration laws. The Protect N.C. Workers Act, HB 318, reins in local and municipal policies that disregarded federal law by providing sanctuary or "safe" cities, and public benefits like food stamps, for individuals illegally in the U.S.

I imagine we've all chuckled at the mindlessness which the New York Times provides opportunities to observe the Murray Gell-Mann amnesia effect in action. From my own perspective as an expert in use-of-force law I fail to recall a single instance in which the NYT has so much as approached factual accuracy or displayed contextual understanding in a piece on self-defense laws in general or "stand-your-ground" in particular. This morning's editorial, "More Stand Your Ground Mischief in Florida" is no exception. What has the NYT Editorial Board all in a tizzy this time is a proposed change to Florida's self-defense immunity law. We covered this proposed change in detail previously here at Legal Insurrection: "Major Change Proposed for Florida Self-defense Immunity Law."   In a nutshell, currently a person claiming self-defense immunity has the burden of proving by a preponderance of the evidence that they acted in self-defense.  The proposed modification would instead require that the State bear the burden of disproving self-defense beyond a reasonable doubt in order for self-defense immunity to be denied. Generally, these arguments would be made at a pre-trial hearing, before the trial proper itself.

Ever since it became clear that Paul Ryan would be the next Speaker of the House, there have been mixed feelings on the right about his ascension. Some worried that he isn't conservative enough; others worried that he'd be too much like Boehner. Now that he's in the role and talking about his plans, he sounds like he might be the perfect choice. This report from David Jackson of USA Today is encouraging:
With honeymoon over, Paul Ryan vows 'to go on offense' New House Speaker Paul Ryan figures his honeymoon is already over. It lasted "about 35 minutes," he said on Fox News Sunday in one of a string of interviews he gave following his election to succeed John Boehner as House speaker on Thursday. Not only will Ryan go up against congressional Democrats and the Obama administration, he faces suspicious conservative House members who question his commitment to their cause.