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Posted by Kemberlee Kaye on May 05, 2015 20 Comments
Harvard Professor Emeritus, Alan Dershowitz, joined Fox News' Megyn Kelly last night to discuss charges filed against Baltimore law enforcement officers in the Freddie Gray case. Kelly addressed speculation about bias in prosecutor Marilyn Mosby's public statements and then gave the floor to Dershowitz. "If you're the prosecutor, you have to be concerned about doing justice for everybody -- not just for the victim, not just for the family of the victim, not just for the youth of Baltimore, but also for the accused, for the policemen who have been accused and may have been scapegoated," Dershowitz explained. Recognizing Mosby's intent was likely to "quell the riots," something she did with relative success, Derschowitz said, "but you can't sacrifice individual defendants to the need to stop riots. Imagine jurors who are going to sit now in Baltimore and say, if we acquit these defendants, our houses might get burned down, our stores will be attacked, our children won't be safe."

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Posted by Leslie Eastman on May 05, 2015 22 Comments
We have been following the fallout from the shootings that centered around a “Draw Mohammed” event. Most of the media is honing in on blaming the victims, as if Pam Geller had it coming to her. Noah Rothman at Hot Air writes, The toxic implication that Pamela Geller had last night’s terror attack in Texas coming:
When political commentators note that there is no justification for sexual violence, they aren’t adhering to doctrinal feminism but the tenets of civilized Western thought. No woman, a responsible citizen would say, invites violence merely because their assailant was uncontrollably stimulated by their victim’s choice of attire. This is such a bedrock principle of human decency that it barely needs to be said. Only the most brutish and crude among us would contend otherwise. Why then does it appear vogue to imply that a terrorist attack on a Texas American Freedom Defense Initiative event organized by the group’s president, Pamela Geller, was the inevitable result of provocation on the part of the victims?
ISIS has claimed responsibility for the attack, and promises more:
ISIS has claimed responsibility for the attack outside a Prophet Mohammed cartoon contest in Texas -- and warned of more attacks to come. In a broadcast on its official radio channel Tuesday, the group said two Al Khilafa soldiers opened fire outside the event in Garland, a Dallas suburb. Al Khilafa is how ISIS refers to its soldiers. The gunmen, Elton Simpson and Nadir Soofi, wounded a security guard before police shot and killed them. The ISIS radio announcer also referred to Simpson and Soofi as the terror group's "brothers." The announcement ended with this warning: "We say to the defenders of the cross, the U.S., that future attacks are going to be harsher and worse. The Islamic State soldiers will inflict harm on you with the grace of God. The future is just around the corner."
It turns out that the winner of the "Draw the Prophet" contest, Bosch Fawstin, was previously featured at Legal Insurrection when I covered a special conference organized by conservative talk show host Tammy Bruce:

Posted by Andrew Branca on May 05, 2015 218 Comments
Last Friday, while Prosecutor Mosby was announcing her poorly supported tsunami of charges against the six police officers involved in arresting and transporting the ill-fated Freddie Gray, Mosby also remarked that Gray's knife--claimed by police to be the probable cause for his arrest--was in fact lawful under Maryland law. As reported by the New York Times:

Ms. Mosby faulted the police conduct at every turn. The officers who arrested him “failed to establish probable cause for Mr. Gray’s arrest, as no crime had been committed,” she said, describing the arrest as illegal. Officers accused him of possession of a switchblade, but Ms. Mosby said, “The knife was not a switchblade and is lawful under Maryland law.

This rather perfunctory statement certainly raised my eyebrows, for several reasons.

Whether Knife Was Actually Unlawful Is Irrelevant to Probable Cause

First, whether the knife was actually lawful under Maryland law is largely irrelevant for purposes of probable cause. Probable cause is based on whether a reasonable police officer under the circumstances would have genuinely believed the knife to have been unlawful.  If so, the fact that the knife might later be determined to be lawful would certainly be cause to discontinue efforts to prosecute, but it wouldn't retroactively make the officer's conduct in making the initial arrest unlawful. When making an assessment of probable cause for an arrest, the officer is not tasked with making an absolute determination of whether the conduct in question is unlawful.  After all, that can ultimately only be done by a jury, necessarily a decision that occurs many steps downstream from the street arrest.

Posted by Amy Miller on May 05, 2015 9 Comments
By early yesterday morning, we knew half the story regarding the allegedly aspiring jihadists who opened fire at a "draw Mohammed" free speech rally in Garland, Texas. Elton Simpson, the first of the two men to be identified, was no stranger to run-ins with the law. In 2010, he was charged with plotting travel to Somalia to "[engage] in violent jihad"; a judge at the time ruled that the government did not have enough evidence that Simpson was actually planning to engage in terrorism, but sentenced him to three years probation for lying to federal agents about his travel plans. Simpson's associates were purportedly "shocked" that he would go on the attack in Garland---but then again, when are associates of dead terrorists ever not surprised that the subject of an investigation would go to desperate lengths? Simpson's story has played out in the media, but what about the other guy? Two men attacked the event---and we now know a little bit more about Nadir Soofi, the second shooter. This photo, taken from Facebook, has circulated amongst both new and mainstream media outlets:

Posted by Fuzzy Slippers on May 04, 2015 24 Comments
While the official U.S. policy has long been that we don't pay ransom to terrorists who kidnap American citizens, the Obama administration is working to find a way around this long-standing and eminently sensible stance. The idea is to allow the family of hostages held by terrorists to pay ransoms to terrorists and avoid prosecution for aiding terrorist organizations.  ABC News reports:
Families of American hostages who communicate with foreign kidnappers or raise money and pay ransoms will no longer have to fear prosecution for aiding terrorist groups, a White House-ordered advisory group on U.S. hostage policy is expected to recommend, senior officials told ABC News last week. "There will be absolutely zero chance of any family member of an American held hostage overseas ever facing jail themselves, or even the threat of prosecution, for trying to free their loved ones," said one of three senior officials familiar with the hostage policy team's ongoing review.
It appears that in the matter of the families versus the government, both get their way.  The families, understandably, want to save their family members (though paying ransom is no guarantee), and this government prefers to negotiate with, rather than defeat terrorists.

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Posted by Kemberlee Kaye on May 04, 2015 15 Comments
Hillary Clinton has finally agreed to testify before the House Select Committee on Benghazi. Today, Hillary's attorney David Kendall informed Chairman Gowdy that Mrs. Clinton will testify before Congress, but only once. In a letter released to the public on March 31, the committee officially requested Mrs. Clinton's presence for questioning. Committee Chairman Gowdy requested two interviews, a "private transcribed interview related to her email arrangement as well as her public appearance before the Committee." In his response, Mrs. Clinton's attorney David Kendall wrote there was, "no basis, logic, or precedent for such an usual request," saying Mrs. Clinton would be, "prepared to stay for the duration of the Committee's questions on the day she appears." Hillary is not willing to further disclose correspondence, nor is she willing to allow a neutral third-party to inspect her email server(s). She and her counsel maintain the State Department's records should satisfy any queries the Select Committee might have. And so the record retention ball gets lobbed back into the Department of State's court. Also relevant here is the OIG report released shortly after the revelation that Hillary had her own special private email server. As we discussed back in March:
The report also concluded that State Department employees were intentionally avoiding creating official email records, “because they do not want to make the email available in searches or fear that this availability would inhibit debate about pending decisions.”

Posted by William A. Jacobson on May 04, 2015 4 Comments
We reported last week that supporters of convicted terrorist and immigration fraudster Rasmea Odeh were protesting a Justice Award to U.S. Attorney Barbara McQuade, Rasmea Odeh Prosecutor to get Justice Award. For background on the case, see Rasmea Odeh rightly convicted of Israeli supermarket bombing and U.S. immigration fraud. The Justice Award was given by the Michigan-based Arab-American Civil Rights League (ACRL) among other groups, including the local NAACP chapter. Rasmea's supporters were furious, demanding that the Justice Award be revoked. They launched a social media campaign encouraging people to dall the ACRL, and issued veiled threats of retaliation. Many of the tweets were what we have come to expect in the case, a complete distortion of the reality of Rasmea's guilt: It didn't work. ACRL and the other groups gave McQuade the Justice Award Friday night, May 1, 2015, as planned. McQuade was celebrated for her work, and appeared among many area Arab-Americans to accept the award.

Posted by Amy Miller on May 04, 2015 36 Comments
Last year, the push for patent reform hit a roadblock in Congress when then-Senate Majority Leader Harry Reid refused to bring the Patent Abuse Reduction Act to the floor for a vote. In the war between industry advocates and trial lawyers, Reid chose the trial lawyers, and the patent trolls were off the hook. The new Republican majority is looking to break that pattern of obstruction. A new iteration of patent reform legislation is currently making its way through the Senate. A bill introduced on Wednesday would target firms that make their money not via innovation, but by filing bogus lawsuits against the innovators under the guise of protecting intellectual property. The bill, which is a product of negotiations between both parties, would place restrictions on "demand letters" sent by firms, end the practice of using shell corporations to hide who owns (or "owns") a patent, and shift the responsibility for paying court costs if the suit is not “objectively reasonable.” Patent reform is one of those unicorn-type issues that has bipartisan support, even if its backers sometimes disagree on the specifics.

Posted by CampusClimatologist on May 04, 2015 18 Comments
Lets Act! (LA), the far-left student political party at UCLA, was dramatically swept from power, in election results released Friday, May 1, 2015. LA, a coalition of mostly identity-based groups (e.g. Afrikan Student Union, MEChA, Queer Alliance, etc.) was defeated 8 seats to 3 (with 3 independents) by their rival, Bruins United (BU), a coalition of most everyone else (led by the Jewish community, fraternities, and sororities). https://youtu.be/qqDqmPoeJpg?t=4m3s LA and its constituent groups constituted the bulk of left-wing identity politics efforts at UCLA. LA was responsible for slew of anti-Israel actions:  Two BDS resolutions at UCLA; objecting to the Judicial Board appointment to Rachel Beyda because she is Jewish; and attempts to disqualify candidates who took trips to Israel.

Posted by William A. Jacobson on May 04, 2015 26 Comments
Hillary is Superwoman to Democrats. But SuperWoman has a public perception problem to those who remember her before her repackaging. The shadow government Email Server, deletion of records, and Clinton Foundation payolla, bring back the memories for us, but are new to the younger electorate. That younger electorate needs to know the real Hillary. Which is why Republicans need to establish who Hillary Clinton is before the media machine and new Clinton War Room can start going after Republican candidates with vigor. For Republicans, Job One: Teach millennials about the real Hillary America Rising PAC has produced another excellent video that helps to define Hillary - Unethical:
SECRETARY HILLARY CLINTON: “I am very proud to be the President-Elect’s nominee for Secretary of State” ANNOUNCER: “When Clinton was named Secretary of State, the White House asked the [Clinton] Foundation to shut the door on most foreign contributions to avoid any questions of ethics.

Posted by Amy Miller on May 04, 2015 21 Comments
Reports rolled out early this morning that one of the gunmen taken out during last night's shootout in Garland, Texas has been identified as Elton Simpson. Elton Simpson was shot and killed after he and an accomplice pulled up to a "Draw Mohammed" free speech event and attacked a security officer. According to ABC News, the FBI and a bomb squad began an investigation of Simpson's north Phoenix home, where he is believed to have lived with his accomplice. This isn't the first time the government has conducted investigations into Simpson's jihad-associated activities; he was convicted five years ago of lying to officials about plans to travel overseas and allegedly join a terror organization. The New York Times laid out the history of allegations against Simpson:
In 2010, federal prosecutors in Arizona charged Mr. Simpson with plotting to travel to Somalia “for the purpose of engaging in violent jihad,” and then lying to a federal agent about his plans. A judge found him guilty of lying to the agent, but said the government had not proved that his plan involved terrorism, and sentenced him to three years’ probation.

Posted by William A. Jacobson on May 04, 2015 11 Comments
Ben Carson, Carly Fiorina and Mike Huckabee all will be announcing that they are running for President. Carson made his announcement Sunday, perhaps with a slip of the tongue. His official announcement is today via YouTube. Fiorina also announced this morning on Good Morning America:

Posted by Amy Miller on May 04, 2015 25 Comments
Last night, two gunmen were killed after firing on a security guard outside of a "Draw Mohammed" free speech event in Garland, Texas. Bruce Joiner, the Garland ISD security officer who was shot in the attack, was hospitalized with an ankle wound but released last night. CNN has a good condensed timeline of events:
The men drove up to the Curtis Culwell Center in North Garland, got out of their car and began shooting just as the "Muhammad Art Exhibit and Cartoon Contest" inside was ending around 7 p.m. (8 p.m. ET). An unarmed security guard, Bruce Joiner, was shot in the ankle. He was later treated and released from a hospital. Garland police, who were helping with security, fired back, killing both gunmen. The exchange lasted about 15 seconds, police said.

Posted by Mike LaChance on May 03, 2015 60 Comments
A vital debate is taking place in New York City right now. According to Seth Barron of City Journal, the City Council is considering the decriminalization of minor crimes:
Who Needs Quality of Life, Anyway? Last week, the New York City Council announced that it was preparing legislation to reduce the penalties for a host of “minor crimes.” Open urination, drinking alcohol in public, riding bikes on the sidewalk, and other public-order infractions like subway fare-beating would no longer be considered criminal violations but rather civil offenses, akin to parking near a crosswalk. Instead of receiving a summons to appear in court, violators could pay a fine through the mail. Proponents offer a simple explanation for why the changes are necessary: the negative effect that interaction with the criminal justice system has on those who receive summonses. Council Member Jumaane Williams has separately bemoaned the arrest of people for “minor infractions” in the subway on the grounds that “an arrest can cause significant stress” for the arrestee, as well as imposing “financial hardship.”
The public urination proposal is turning into something of a pissing contest among politicians:

Posted by William A. Jacobson on May 03, 2015 28 Comments
When I was drafting my post about the attack on two French Jews by a boycott movement gang, I saw on the Dashboard that we had reached our 15,000th published post.  That would be Aleister's post, Clinton War Room Targets “Cash” Author. Why do we do it? We do it for the Honor and the Glory. For the Honor of things like having a student get arrested for reading a Legal Insurrection blog post out loud during a protest. (The charges later were dropped, because this is still America, F-yeah!) Seriously, how many other blogs, magazines or newspapers can say that someone was arrested for reading their writing out loud? https://youtu.be/YnYel6Ro5F0?t=41s There have been many other honors, mostly meeting or interacting with the readers, authors, bloggers and others I have met along the way. More than once I've crossed the cyber-real world divide, and will again when I meet the families of Edward Joffe and Leon Kanner during my upcoming trip to Israel.  (My wife thinks we should organize a Legal Insurrection trip to Israel next year - what do you think?)

Posted by William A. Jacobson on May 03, 2015 2 Comments
We have documented many times the role in the spread of anti-Semitic violence in Europe played by the Boycott, Divestment and Sanctions (BDS) movement. The gross demonization and dehumanization of Israeli Jews by BDS contributes both directly and indirectly to acts of anti-Semitism. We have seen it on the streets of Copenhagen, Malmo, Frankfurt, Berlin, Paris, The Hague, London and elsewhere. It's why Walking While Jewish is dangerous in many cities in Europe.  In Paris, Reporting While Jewish is risky as well. While in theory anti-Zionism can be distinct from anti-Semitism, in reality on the streets of Europe they have merged. Now there is yet another example, via Algemeiner, 40 Person Mob Assaults 2 Jews on Paris’ Boulevard Voltaire:
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