Image 01 Image 03

Le·gal In·sur·rec·tion

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

LATEST NEWS

Earlier this week, President Obama sat down to promote Obamacare interview with Buzzfeed and Vox.
That the President chose listacles, cat memes, and explainer 'journalism' was not unnoticed by Right leaning media, and thus outrage ensued. Many, like Fox New's Greta Van Susteren simply want our president to be SERIOUS. ISIS is crucifying and beheading their way across the Middle East, Yemen is in shambles, thanks to Senate Democrats, DHS could potentially start the month of March unfunded, Montana is trying to ban yoga pants, Jon Stewart is leaving The Daily Show, and the whole world is going to hell. And here's our President turned gif, wielding a Selfie Stick, striking his best Tom Cruise in a dirty mirror.

Canada's equivalent of Fox News shut down early this morning. In a land where the state run Human Rights Commission works tirelessly to squash free speech, Sun News Network will be missed. Sun News' closing leave the network's commentators like Ezra Levant, who've consistently spoken out against Canada's penchant for political correctness are now without network home, and Free Speech, largely without a national voice. Citing difficulty obtaining a buyer, the network was left with no viable way to remain operational. In August of 2013, federal regulators denied Sun News a mandatory cable spot, making it difficult for the network to attract viewers. CBC News reports:

Yesterday, thousands of people descended on Raleigh, North Carolina to pay homage to the three muslims killed in this week's brutal shooting in Chapel Hill. At one point, the memorial tilted political as the father of one of the victims begged for a federal investigation into the murders:
In an impassioned speech to the assembly, the father of the two slain women implored President Obama and law enforcement to investigate the killings as a hate crime. “Please involve the F.B.I. Please investigate. Please look carefully,” said Dr. Mohammad Yousif Abu-Salha, a psychiatrist in nearby Clayton. “I have talked to lawyers. I have talked to law professors. This has hate crime written all over it!” “It is all about making this country that they loved, where they lived and died, peaceful for everybody else,” Dr. Abu-Salha said. Without uttering his name, Dr. Abu-Salha referred in his eulogy to the Facebook page of Mr. Hicks, the neighbor charged with the murders, where he frequently made clear his disdain for all religions. Dr. Abu-Salha asked people to ignore what he saw as defamatory depictions of Islam in the news media, and specifically in the current movie “American Sniper.”
I'm not going to sit here and throw stones at speakers at a memorial where emotions are running high. His child was in the ground. That being said, over the past few days we're learned a little more about Hicks. Neighbors and friends of the victims are coming forward with troubling accounts of the dynamic between Mr. Hicks and his neighbors:

By now, readers of Legal Insurrection know all about Rasmea Odeh, and her convictions for a 1969 supermarket bombing in Jerusalem for which she was convicted in 1970, and immigration fraud, for which she was conficted in Detroit in November 2014. As Rasmea's supporters hold fundraisers, letter writing campaigns, student events, and livestreams to celebrate Rasmea as a hero, the families of Rasmea's victims mourn. Rasmea will be sentenced in the Detroit case on March 12, 2015. She filed motions in court for a new trial and for judgment to be entered in her favor, citing alleged trial errors. In an Order issued today (full embed at bottom of post), , Hon. Gershwin A Drain denied the motions, lambasting Rasmea's attorney's for submitting perfunctory papers in support of the motions.
As an initial matter, Defendant’s Motion for a New Trial is so lacking in legal authority and argument, it should be denied on this basis alone. Defendant claims the Court committed nine legal errors, yet fails to cite a single case, statute, rule or other authority supporting her assertion. Defendant did not even include the legal standard for granting new trials. Nor does she develop her arguments in any meaningful way. Moreover, it is not clear why Defendant re-raises numerous arguments already thoroughly considered and rejected by this Court, particularly in light of the fact that she offers no new arguments explaining why this Court’s original conclusions were incorrect.

We've already talked about how Supreme Court Justice Ruth Bader Ginsburg stole the show at this year's State of the Union address---mostly because the entire internet was 90% sure they caught her during the action: As it turns out, she wasn't merely napping---she was fighting back the effects of a fine California vino. From TPM:
"The audience for the most part is awake because they're bobbing up and down all the time. And we sit there, stone faced, the sober judges," Ginsburg said. "But we're not, at least I was not, 100 percent sober." She explained that the justices have dinner together before the annual speech, which she said Scalia hadn't attended in several years, and that Justice Anthony Kennedy brought along a bottle of California wine that was just too good to resist. "I vowed this year -- just sparkling water, stay away from the wine -- but in the end the dinner was so delicious it needed wine to accompany it."
Watch:

The old quip in self-defense circles is that it is imprudent to bring a knife to a gunfight. This caution must apply only more certainly to the bringing of a rock to a gunfight, a lesson learned the hard way by one Antonio Zambrano-Montes after he was shot and killed this past Tuesday by the Pasco, WA police department, as reported by CNN and other news sources. Police were called after reports that Zambrano-Montes was at an urban intersection hurling rocks at vehicles. When officers responded, they too began to be pelted with stones as large as softballs, with officers being struck multiple times. Police say that they attempted to use various degrees of non-deadly force, including voice commands and a taser, but that these efforts were unsuccessful. Events were escalated to imminent deadly force against the officers by Zambrano-Montes. Video below shows shooting death of Zambrano-Montes.

Add Wisconsin to the ever expanding list of states impacted by the measles outbreak. The state's public health officials indicate that two patients are now isolated and being tested for the disease. Last week, there were 14 states with 102 infected citizens and public health officials were warning that the outbreak of this formerly eradicated disease was going to spread.  It looks like that prediction is true. I suspect other states will be joining Wisconsin shortly. Meanwhile, the crisis continues apace in California, as news comes of an infected San Francisco man riding the very public BART system to his job at at LinkedIn and then heading out to a local bistro. There is some good news to be found amid the notices of fever and rashes, however. Disneyland, the epicenter for many of these cases, isn't seeing attendance plummet.

Back in December of 2013, a woman named Justine Sacco boarded a plane in New York that was bound for South Africa. She was planning to visit family for the holidays. She tweeted what was perceived as a politically incorrect message to her tiny Twitter following and by the time she landed, she was national news. While she was in the air, her tweets were discovered and promoted by writers at Gawker and BuzzFeed and then the rest of the Twittersphere went into a fury. Professor Jacobson addressed the issue:
Yesterday was the worst Twitter day of all time. Or at least the worst that I remember. Some lady no one had ever heard of and who had about 100 followers at the time sent the Tweet above. The tweet went viral.... Whoever started it, plenty of websites picked up on it and ran with it to feed the mob and not miss out on clicks and eyeballs. By the time I saw it, long after she became a hunted woman, my first impression was similar to that of John Nolte at Breitbart.com: Looks like the type of “white privilege” claptrap we read almost weekly at Salon.com or Slate.com. Some liberal white person coming to grips with her privilege and wanting the whole world to know about it.... Racist? You’d need to know a lot more. Maybe shoot her a tweet back and ask what she meant, or look her up and send her an email before proclaiming her to be a racist. But no one could do that. She was on an airplane to visit her native South Africa. For 11 hours. And in those 11 hours she became a hated and hunted woman.... Greg Gutfeld summed it up best:
Ms. Sacco was fired from her job as a result. Here's a video report ABC News provided at the time:

Rick Perry may be polling in the single digits, but that hasn't stopped the former Texas governor from pushing ahead with a messaging strategy that emphasizes experience over rhetoric, and results over flash. Via the AP:
Perry, who is considering a second run for president, wrapped up a two-day trip to New Hampshire with a speech at the Strafford County Republican Committee's Lincoln Day Dinner. While he repeated his warning that GOP voters shouldn't nominate a "critic in chief," he had plenty of criticism for President Barack Obama, saying his lack of executive experience before becoming president has hurt him and that he hasn't picked up many management skills on the job. The nation is ready, he said, to move beyond "eight years of this years of this young, very attractive, amazing orator, junior U.S. senator." "I don't think they're going to go there," Perry said. "They're going to go to a tested, results-oriented executive who has a record of accomplishment."
This isn't the first time Perry has thrown shade at his younger potential opponents. During his interview last week with the Texas Tribune, Perry emphasized his own experience over that of other, untested candidates:
Asked about what separates him from Cruz, Perry never mentioned his potential rival by name. Instead, he downplayed Senate experience and alluded to the fact that Cruz’s tenure in office is the same as then-Sen. Barack Obama's when he ran for president in 2008. “It’s one of the selling points, if you will, to the American people as they decide who’s going to follow Barack Obama,” he said. “I think they’re going to make a rather radical shift, away from a young, untested United States senator whose policies have really failed.”
Ba-zing---because it's true.

Yesterday a federal district court in the 5th Circuit ordered summary judgment in favor of several plaintiffs who challenged existing restrictions on handgun transfers across state lines; the court found that the federal government’s existing handgun transfer ban was unconstitutional both on its face and applied to the facts of this case, under both strict scrutiny and intermediate scrutiny, and on 5th Amendment Due Process grounds. The order in the case of Mance v. Holder (PDF at bottom of post) is refreshingly clearly written, and I encourage even non-lawyers to “read the whole thing.” ™ In this post I’ll touch upon the high points of the decision, as well as some reasonably likely (and unlikely) practical consequences. First things first: a huge congratulations to Attorney Alan Gura for another tremendous win for the Second Amendment. While the immediate practical effects of this order are likely to be limited, it is yet another ratcheting of the law in the right direction. Everyone remembers, of course, that it was Alan who successfully litigated both of the groundbreaking Second Amendment cases Heller and McDonald before the US Supreme Court.

In a 93-5 vote, the Senate voted to confirm Ash Carter as the new Secretary of Defense. Carter will replace Chuck Hagel who was fired resigned in November of last year. Hagel took his licks as President Obama's perpetual fall guy, a concern Senator McCain shares for Mr. Carter as well. If you were unable to watch the confirmation hearings, this is a great wrap up: CNN Reports:
The Senate easily confirmed Ashton Carter, a former number two at the Pentagon, to be the new Secretary of Defense. The vote was 93 to 5. He will take the helm at DOD as the United States is immersed in several complex national security challenges across the globe, including the widening military campaign against ISIS.

The student government at a university in South Africa recently voted to expel Jews:
The vice chancellor of Durban University of Technology (DUT) in South Africa on Wednesday rejected the student council’s call to expel Jewish students who do not support the Palestinian cause. University Vice Chancellor Professor Ahmed Bawa released a statement calling the demand “outrageous, preposterous and a deep violation of our National Constitution and every human rights principle.” He added, “No student at DUT will be discriminated against on the basis of religion, race, gender, political affiliation or sexual orientation.” Bawa also told South Africa’s Daily News that the request was “totally unacceptable.” The demand to expel all Jewish students, especially those who do not support the Palestinian agenda, was made by the university’s Students Representative Council and Progressive Youth Alliance.
This is the logical progression in the Boycott, Divestment and Sanctions (BDS) movement. It's fitting that the vote took place in Durban, the scene of the anti-Semitic 2001 Durban Conference that created the BDS movement. While expulsion of Jews will not happen here, the BDS movement is moving towards a de facto bar on Jews who are not anti-Israel by alleging that taking subsidized trips to Israel or attending conferences and training through major pro-Israel Jewish organizations constitutes a conflict of interest. That standard would exclude a high percentage of pro-Israel Jewish students from participating in student government (not to mention excluding many leading non-Jewish pro-Israel students).

Last week, we covered IRS Commissioner John Koskinen's testimony about the shocking tax consequences of Obama's executive amnesty plan. In previous testimony before Congress, Koskinen explained that illegal immigrants who were granted amnesty would be eligible to receive back-refunds in the form of the Earned Income Tax Credit (EITC)---but only if they had registered with an Individual Taxpayer Identification Number (ITIN.) This means that, although the person was here illegally, they were still working and paying taxes and thus eligible for a refund. It's a bogus loophole, but it stems from an existing IRS interpretation of their own rules, so at the end of the day it was a "fix this now" situation rather than an "end of the world" scenario." That was scandal enough, though, considering the divisive nature of illegal immigration itself; but this week's testimony from Koskinen just made things a whole lot worse. That's right---we've had a "clarification." From the Washington Times:
On Wednesday, he said even illegal immigrants who didn’t pay taxes will be able to apply for back-credits once they get Social Security numbers. The EITC is a refundable tax credit, which means those who don’t have any tax liability can still get money back from the government. “Under the new program, if you get a Social Security number and you work, you’ll be eligible to apply for the Earned Income Tax Credit,” Mr. Koskinen said. He said that would apply even “if you did not file” taxes, as long as the illegal immigrant could demonstrate having worked off-the-books during those years. That expands the universe of people eligible for the tax credit by millions. He said only about 700,000 illegal immigrants currently work and pay taxes using an Individual Taxpayer Identification Number, but as many as 4 million illegal immigrants could get a stay of deportation and work permits under the temporary amnesty, which would mean they would be eligible to claim back-refunds if they worked those years.

A while back I noted that Egypt looked like it was networking with European powers to address the chaos that threatens the vital Suez Canal. Russia's President Vladimir Putin came to Cairo this week, bearing gifts that indicate he understands Egyptian needs.
Just hours before a summit in Minsk that could decide the fate of eastern Europe for a generation, Vladimir Putin had a gift for the president of Egypt: an assault rifle. A photo of the rifle, with its wooden stock and accompanying gun case, along with a smiling President Abdel-Fattah El-Sisi, was posted on the website of Egypt’s state-controlled MENA news agency. The rifle was identified as an AK-47, according to the state-run Russia Today’s Arabic website.
A video of the exchange, which occurred at the Cairo Aiport shortly after Putin arrived. But the AK-47 isn't the only present in Putin's bag: Last year, the two countries made a $3 billion deal that includes Russian attack helicopters and MiG-29 fighter jets. Additionally, Russian businesses have agreed to proceed with a major grain storage construction project in Egypt.