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Posted by Amy Miller on April 06, 2015 27 Comments
Last July, Rolling Stone reporter Sabrina Erdely went looking for a hot take on campus sexual assault. She reached out to a staff member at the University of Virginia for help, and after a series of conversations, found "Jackie." At first blush, "Jackie's" sexual assault story was horrifying on every level, from the setting at a well-respected fraternity to the alleged do-nothing attitude of university officials. She had details, a vivid memory, and friends to back up her account. Take level: scorching. Interviews were conducted. A story was written---but not long after publication, outlets like Slate and the Washington Post crashed the party with doubt, publishing stories highlighting inconsistencies in Jackie's story. They questioned Erdely's diligence in chasing down her leads, and things began to unravel.

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Posted by Leslie Eastman on April 05, 2015 12 Comments
On this Easter Sunday, I wanted to share some thoughts I had during these past days about the most recent butchery of my fellow Christians in Kenya. Following the news as closely as I do, I thought I had become accustomed to graphic images of terror that ISIS has spawned. Then, I saw this tweet: I was punched in the gut. Perhaps it is because I recall my step-daughter, whose graduation I attended just a few short years ago? She was so vibrant, and fulled with life and prospects for a happy, healthy and successful future.

Posted by Fuzzy Slippers on April 05, 2015 20 Comments

Reid scandals, more laws than sense, your tax dollars at work, "tiny house" trend...

Posted by Mike LaChance on April 05, 2015 15 Comments
You may have noticed that almost every time Elizabeth Warren is interviewed, she is asked if she plans to run for president in 2016. FOX News media analyst Howard Kurtz thinks it's because the press is longing for a competitive race on the Democratic side in 2016 and perhaps because journalists feel an "affinity" for Warren. Watch this segment from FOX News on Saturday: I think there's a much simpler explanation for the media's obsession with Warren; they love her. The media is overwhelmingly liberal and many journalists view Warren as the next Obama. They'll settle for Hillary and even pull the lever for her in 2016 if they have no choice, but they'd rather get behind a candidate like Warren who has become the left's standard bearer on issues like income inequality.

LEGAL INSURRECTION QUICK TAKES

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Illinois Teacher Union Boss Gets Substantial Pay Raise Despite Low State Reading Scores

Faculty Senate at Northwestern Calls for Restrictions on ICE Access to Campus

Oregon State Instructor Reports Student for Arguing There are Only Two Sexes

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Posted by William A. Jacobson on April 05, 2015 46 Comments
I have fallen into the trap almost everyone has, in referring to an Iran "nuke deal" and "Framework deal." Based on what the White House has revealed, the "deal" is a very bad deal, as we have explored here repeatedly: It purports to give Iran its dual goals of maintaining and improving its nuclear infrastructure while removing sanctions and ensuring the economic viability of the oppressive Mullah regime. But it's even worse. Based upon statements made after the initial announcements, it's clear that there is no deal, just enough vague verbiage to allow each side to portray the "deal" however it wants. There is no meeting of minds, not binding contract, nothing. This was revealed initially in tweets by the Iranian Foreign Minister disputed White House "spin" on the "deal," insisting that sanctions would be lifted immediately, and crowing that Iran's enrichment would continue. https://twitter.com/HassanRouhani/status/583994063512276992 https://twitter.com/JZarif/status/583723860522115072 Since then, the divergence has grown, The Times of Israel reports:

Posted by Mike LaChance on April 05, 2015 16 Comments
The Department of Justice may have let Lois Lerner off the hook, but a judge has ordered the IRS to release the names of the Tea Party groups that were singled out for scrutiny. Stephen Dinan of the Washington Times:
Judge orders IRS to release list of tea party groups targeted for scrutiny A federal judge ordered the IRS this week to turn over the list of 298 groups it targeted for intrusive scrutiny as the agency defends against a potential class-action lawsuit by tea party groups who claim their constitutional rights were violated. The IRS had argued it shouldn’t have to release the names because doing do would violate privacy laws, but Judge Susan J. Dlott, who sits in the Southern District of Ohio, rejected that claim and ordered the tax agency to turn over any lists or spreadsheets detailing the groups that were targeted and when they filed their applications. Judge Dlott also ordered the IRS to say whether a partial list of targeted groups reported by USA Today is authentic as a number of tea party groups try to win certification for a class action lawsuit against the IRS.

Posted by Andrew Branca on April 05, 2015 18 Comments
It was Tennyson who wrote that “In the Spring a young man's fancy lightly turns to thoughts of love.” For many of us men who left “young” in the rearview mirror some years back, however, in the spring our fancy turns to something else entirely: the National Rifle Association’s Annual Meeting, this year being held in Nashville TN.  Professor Jacobson has kindly offered this blog as a forum from which I can share the legal and political observations from that event.

The NRA Annual Meeting: It's big. Really, really big.

I’m somewhat embarrassed to say that I only first attended the NRA Annual Meeting (or NRAAM) last year, when it was held in Indianapolis, although I’ve been a life member and certified firearms instructor of the NRA for more than two decades. Indeed, it would never have occurred to me to go even last year, except I was extended a gracious invitation to speak at the Firearms Law Seminar held as part of the event (you can view my talk here, I mostly talked about Stand-Your-Ground and my then-recent victory in the UC Berkeley School of Law “Stand-Your-Ground” debate). Perhaps the best known facet of the NRAAM is the enormous exhibit hall in which over 500 members of the gun industry present their wares. And I do mean enormous, there are over 8 acres of guns and related sundries. One can literally spend days wandering the hall and still come across unexpected discoveries

Posted by Leslie Eastman on April 04, 2015 10 Comments
This Holy Week, we reported that Islamic fanatics made a dawn raid of a Christian university in Kenya. Currently, the death toll is 147 and looks like it will increase. The event, as well as the massacre of the Coptic Christians in Libya, were the focus of an address Pope Francis gave during his Good Friday service.
Pope Francis has condemned the "complicit silence" about the killing of Christians during a Good Friday service in Rome. Tens of thousands of pilgrims joined him for the Way of the Cross ceremony, recalling Jesus' crucifixion. Among the cross bearers were Syrian and Iraqi refugees, and Nigerians who had escaped Boko Haram persecution.

Posted by Mike LaChance on April 04, 2015 21 Comments
Talk radio host Tammy Bruce has come to the defense of Memories Pizza, the Indiana restaurant which was forced to close due to threats. In a recent appearance on FOX and Friends with Tucker Carlson, Bruce said that although she is gay, she doesn't approve of the tactics being used by gay marriage activists. Bradford Thomas of Truth Revolt:
Openly gay conservative radio host Tammy Bruce appeared on Fox & Friends Thursday to discuss the "frenzy" over the Indiana Pizzeria who said hypothetically that they would not cater a same-sex wedding due to religious convictions. Bruce defended the pizza shop, warning the LGBT community against becoming the very "bullies" and "fascists" they should be fighting against. Bruce called the attacks on the pizzeria another unfortunate instance of the LGBT "mob" taking over, when it is the LGBT community that should best understand the importance of defending those with differing opinions:
BRUCE: For me, as a gay woman, it remains shocking. You sit back and watch this frenzy, like a wolf pack, going after survivors in a way with like a pizza shop. And if there’s anyone in the world who should understand the vulnerability of being a minority—of being somebody that maybe others don’t understand or relate to, the vulnerability about work and jobs, being able to live your life as you see fit—it’s the gay community. …
Watch the exchange:

Posted by William A. Jacobson on April 04, 2015 11 Comments
This is becoming all too common. An anti-Israel protest, often under the banner of the Boycott, Divestment and Sanctions movement, turns outright anti-Semitic. The gross demonization and dehumanization of Israel and Israeli Jews by the BDS movement is the mother's milk of modern anti-Semitism. We saw it throughout Europe in the summer of 2014, as well as in multiple U.S. cities. And we have seen anti-Zionism easily morph into blatant anti-Semitism on many campuses. It's why in Europe Walking While Jewish is so dangerous. And it just happened again in Vienna, Austria. The Times of Israel reports:
Bosnian soccer fans joined a pro-Palestinian demonstration in Vienna on Friday and shouted anti-Semitic epithets in one of the city’s central plazas, Austrian newspaper Der Standard reported A video posted to YouTube shows several dozen pro-Palestinian demonstrators waving Palestinian flags in Stephansplatz and calling “free, free Palestine!” The Bosnian fans dressed in blue, yellow and white are seen standing among the protesters and joining them in their cries, before setting out on a chant of their own: “Ubij, ubij Židove!” or “Kill, kill the Jews!” .... A wave of anti-Israeli and often anti-Semitic rallies hit European capitals in the summer of 2014 during the war between Israel and Hamas in the Gaza Strip. The frequent protests, ostensibly calling for an end to Israel’s actions against Palestinians, often devolved into racist demonstrations in which the mob called out anti-Semitic slogans.

Posted by William A. Jacobson on April 04, 2015 23 Comments
The Iran nuke Framework deal is bad for anyone other than Iran. Iran achieved its two key negotiating objectives: Keep its nuclear infrastructure in place and get sanctions relief. https://twitter.com/HassanRouhani/status/583994063512276992 As The Washington Post editorial board points out, these parameters are contrary to the bottom line Obama spelled out at the start of the negotiations: THE “KEY parameters” for an agreement on Iran’s nuclear program released Thursday fall well short of the goals originally set by the Obama administration. None of Iran’s nuclear facilities — including the Fordow center buried under a mountain — will be closed. Not one of the country’s 19,000 centrifuges will be dismantled. Tehran’s existing stockpile of enriched uranium will be “reduced” but not necessarily shipped out of the country. In effect, Iran’s nuclear infrastructure will remain intact, though some of it will be mothballed for 10 years. When the accord lapses, the Islamic republic will instantly become a threshold nuclear state. That’s a long way from the standard set by President Obama in 2012 when he declared that “the deal we’ll accept” with Iran “is that they end their nuclear program” and “abide by the U.N. resolutions that have been in place.” Those resolutions call for Iran to suspend the enrichment of uranium. Instead, under the agreement announced Thursday, enrichment will continue with 5,000 centrifuges for a decade, and all restraints on it will end in 15 years. How did Iran do it? By setting its own negotiating red line and refusing to budge. I've seen that negotiating tactic hundreds of time -- it's effective only when the opposing party is not willing to walk away from the negotiation. That's us. Obama so desperately wanted a deal that he was not willing to walk away. The Iranians didn't need to walk away, they just needed to dig in behind their red line and wait. So Obama capitulated on the key insistance of Iran keeping it's nuclear program intact, and then negotiated over the rest. Obama admitted as much in his speech after the Framework was announced:

Posted by Mike LaChance on April 04, 2015 6 Comments
During a recent visit to New Hampshire, Wisconsin governor Scott Walker said that he bought a sweater at Kohl's department store for one dollar. Politifact felt it was necessary to make sure the story was true:
Gov. Scott Walker says he bought a sweater for $1 at Kohl's When Gov. Scott Walker took his presidential ambitions to New Hampshire, he shared a penny-pinching story that would have been right at home in bargain-hunting Wisconsin. At the center of the story: A new sweater, a dollar and Menomonee Falls-based Kohl’s. The department store chain is well known for its deep discounts -- ones so deep that the company has faced legal challenges over its pricing practices in Kansas, Massachusetts and California. At issue in the California case, for instance, was complaints that the retailer listed "normal" prices for products but never sold them for that price. Walker likes to point out that shortly after he was married, his wife, Tonette, was mortified because he didn’t know the drill at Kohl’s. In Concord, N.H., he told the crowd at a March 14, 2015 workshop about a "critical mistake" he made while shopping at a Kohl’s store... Now, we grant this is not the most important topic in politics today. But we decided to fact check it for two reasons. First, we heard from readers from around the country who thought it was an unbelievable story -- as in, literally impossible to believe. Second, it goes to what has been a major theme of Walker’s visits to some of the early primary states -- that he is just an average guy...

Posted by Amy Miller on April 04, 2015 26 Comments
We in the conservative media have spent a great deal of time over the past 6 years criticizing the Obama comms shop for freezing the media out of its most controversial decisions. Conservatives are used to a biased press pool, and for the most part, this group hasn't disappointed in that regard, even when they haven't had all the information they needed to write a story. Apparently, though, the lack of information flowing from the White House to the press pool has slowed to a trickle---and the corps is ready to fight back. The White House Correspondents Association is preparing a list of demands promises they hope the White House will commit to. The corps has been working on the list for over a year, but a recent snub on the part of the President's team has kicked the conversation about press access into high gear. The Washington Examiner explains what happened:

Posted by Fuzzy Slippers on April 04, 2015 16 Comments
Matt Berman at The National Journal asked, "Will Ted Cruz Be Able to Convince Anyone to Take His Campaign Seriously?", and the answer, apparently, is a resounding "yes."  According to Public Policy Polling (PPP),
Ted Cruz has the big momentum following the official announcement of his candidacy last week. His support has increased from 5% to 16% in just over a month, enough to make him one of three candidates in the top tier of GOP contenders, along with Scott Walker and Jeb Bush.
PPP goes on to observe that "Cruz has really caught fire with voters identifying themselves as 'very conservative' since his announcement. After polling at only 11% with them a month ago, he now leads the GOP field with 33% to 25% for Walker and 12% for Carson with no one else in double digits." It seems that despite early predictions, Ted Cruz as presidential candidate is, as Jazz Shaw at Hot Air notes, "stubbornly refus[ing] to implode":
Even after he won his seat, the media was keeping up the drumbeat, frequently abetted by senior members of his own party. (Wacko Birds, anyone?) But long before it was certain that Cruz might run for the White House, he began defying the narrative media formula. Those of us who didn’t know him were expecting the avalanche of stories which would erode his status as a serious politician. The problem is, they didn’t happen. Where were the “gaffes” we were all promised? He was supposed to come out and immediately begin screaming about the President being from Kenya, saying that women should enjoy being raped and calling for the South to secede again. Unfortunately for the cable news talking heads, it never happened. Cruz staked out a number of domestic and foreign policy issues and began beating the drum with his own proposals for how to meet those challenges. The media seemed to shoot themselves in the foot by tripping over each other to give the Senator air time, waiting for the expected crazy to emerge. There were times when his tactics were fairly brought under scrutiny, such as his approach to the budget battles / government shutdown situation, but that was a difference in opinion on legislative strategy, not the hoped for wild man moments. In the end, all they came up with was a recitation of a Dr. Seuss book during a filibuster, but anyone who looked briefly beyond the dishonestly edited clips on TV saw that it was actually a short message to beloved children. Not exactly the stuff of which career crashes are made.
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