Image 01 Image 03

Le·gal In·sur·rec·tion

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

Note: You may reprint this cartoon provided you link back to this source.  To see more Legal Insurrection Branco cartoons, click here. Branco’s page is Cartoonist A.F.Branco...

LATEST NEWS

Al-Qaeda aligned terror groups have made major land gains from the Syrian civil war into the heartland of Iraq over the last several days. Despite the herculean efforts of the United States military with the Multi-National Force in Iraq from 2003 to 2011, Iraq appears to be sliding into violent chaos across much of its territory between Baghdad and the border with Syria. Fueled by training in the Syrian civil war and allowed by the vacuum of no major U.S. forces in Iraq, the al-Qaeda-linked Islamic State of Iraq and the Levant (ISIS), is poised to take control of the most land mass since al-Qaeda formed in the late 1980s. According to videos posted by ISIS on social media, the militants also captured U.S. Humvees and Blackhawk helicopters from the Iraqi forces. So far this week, ISIS forces have captured Tikrit -- the former home of Saddam Hussein and his political movement -- and Mosul, Iraq's second largest city.  As ISIS forces converged on Mosul on Tuesday, U.S.-trained Iraqi forces collapsed and fled the city.  Tikrit is less than 100 miles from Iraq's capital of Baghdad, while Mosul is just 225 miles to the northwest from Baghdad.
"The city of Mosul is outside the control of the state and at the mercy of the militants," an interior ministry official told the Agence France Presse news agency, saying soldiers had fled after removing their uniforms. Several residents told the Associated Press that the militants were now touring the city with loudspeakers, announcing that they had "come to liberate Mosul and would fight only those who attack them."
Reports from Mosul detail mass beheadings of residents by the ISIS terrorists and a flood of hundreds of thousands of refugees out of the city. The al-Qaeda aligned ISIS organization now effectively controls a region from the eastern Syrian city of Raqaa, over the through the western Iraqi desert up to northern Iraq and less than 100 miles from Baghdad.

Defense Secretary Chuck Hagel, along with Defense Department General Counsel Stephen Preston, appeared Wednesday before the House Armed Services Committee for a hearing to address The May 31, 2014 Transfer of Five Senior Taliban Detainees. The agreement to release those five detainees when the U.S. arranged to recover Sergeant Bowe Bergdahl from captivity has sparked controversy since those details became known. Another point of contention has been the Obama administration’s decision not to notify Congress of the exchange in advance.  Both of these were areas of focus that received much attention in Wednesday’s hearing. Hagel provided some insight into the negotiation process of the exchange at the start of the hearing in his prepared opening remarks, explaining that the opportunity came about quickly and many of the details had not been clarified until merely days before the exchange took place. This, he indicated, influenced the decision not to notify Congress in advance.  In addition, Hagel explained, there were concerns about potential leaks that could derail the process.
As the opportunity to obtain Sergeant Bergdahl’s release became clearer, we grew increasingly concerned that any delay, or any leaks, could derail the deal and further endanger Sergeant Bergdahl. We were told by the Qataris that a leak would end the negotiations for Bergdahl’s release. We also knew that he would be extremely vulnerable during any movement, and our military personnel conducting the hand-off would be exposed to a possible ambush or other deadly scenarios in very dangerous territory. And we had been given no information on where the hand-off would occur.
This sparked criticism from both sides of the political aisle. From the Wall Street Journal:

Last night's upset of Eric Cantor shocked everyone. I said it after the Missouri Senate Primary, and it holds even more true now, The Lesson of Iowa and Mississippi primaries: Don’t give up on Kansas:
Joni Ernst and Chris McDaniel had no chance of winning, until she won outright and he won but is in a runoff. Both came out of nowhere because voters rallied around a Tea Party backed candidate. In the case of Mississippi, the battle was against a legacy entitled incumbent. The lesson is not to forget Kansas, where Dr. Milton Wolf is challenging legacy entitled incumbent Pat Roberts in the August 5 primary. Roberts has tons of money and the Republican establishment behind him.  And a house in Virginia which is his real home. It can happen again.  Don’t settle for less.
There is a certain irony that so many people are saying Eric Cantor's loss in Virginia may be harbinger of things to come in Kansas, since Pat Roberts spend almost all his time in Virginia, and that has become a huge campaign issue. NBC News reports:

Should be a bumper sticker for those who oppose immigration amnesty and voted last night to defeat Eric Cantor. Alternative national headline: "I'm against lawlessness, and I vote" That lawlessness is reflected at the border where tens of thousands of unaccompanied minors are crossing over in anticipation of amnesty, or at least being allowed to stay under Obama's administration DREAM provisions. The lawlessness also was reflected at Eric Cantor's campaign gathering last night, where pro-amnesty protesters charged into the room shortly after Cantor left and in the words of WaPo, created "chaos": Here's the report from CBS 6:

I graduated from Vassar College in May 2014.  I was the President of the Vassar Conservative Libertarian Union, and the anti-Israel fervor found me. Before we go into this sordid story, it gives us perspective on the times to remember that Vassar College was once a great friend of Israel. In 1975, "Students React Quickly to U.N. Zionism Vote" was a headline in the school paper:
"Concerned Vassar students gathered in the Chapel on a rainy Nov. 12 to protest the U.N. resolution condemning Zionism as racism. Chaplain George Williamson, Jewish Chaplain Derry Baker, Professor Benruy Kraut and two prominent Jewish community leaders, Rabbis Arnold and Zimmet spoke at the student organized rally."
It took thirty years, but what if I told you today that this same college community now views Zionism as the most insidious form of racism. Would it seem Orwellian? Two student groups, Students for Justice in Palestine and JStreetU, were formed last fall. Both liberal, SJP rallies against a two state solution while JStreetU claims to endorse one. At a glance they might seem different, but they share a lot in common when it comes to condemning attempts by me and my group to counter anti-Israel propaganda on campus. In December 2013, the American Studies Association released a resolution boycotting Israel. Reminiscent of students in 1975, the Vassar administration swiftly rejected this resolution right after New Years 2014. Soon-after the Vassar Jewish Union (VJU) became an Open Hillel, which means they welcome anti-Israel speakers. Thirty-nine Vassar faculty then wrote a letter condemning Vassar College's decision.  Students for Justice in Palestine proceeded to swoop down on pro-Israel and neutral students. They protested a class taking a trip to Israel inside an academic building and intimidated the professors. At a Vassar Open forum I attended in May 2014 shortly before graduation, Vassar College President Catharine Hill made clear that she never has condemned the picketing of the class, and any impressions otherwise are wrong: Following complaints about the picketing of the classroom, the Vassar Committee on Inclusion and Excellence organized an open forum led by Professor Kiese Laymon that de facto established any criticism of SJP was motivated by racism, civility was a "cardboard notion," and taking a trip to Israel was the equivalent of organizing an outing to Jim Crow Mississippi. Not surprisingly, the only acceptable thing to say on campus became the lie that Israel is a racist, apartheid state. In order to show the humanity of the perceived Israeli monster, I began innocuously posting images from the Facebook page “Humans of Tel Aviv” in a Vassar student group Facebook page, to show that Israeli cities are cosmopolitan, socially liberal places that resemble Vassar in some ways. This provoked a leader of SJP to tell me “the devil has enough advocates.” Weeds often grow in abandoned fields. Looking back, the first sign of weeds was an "Apartheid Wall" that sprang up in the College Center. This is a common BDS tactic which all follow a similar formula in demonizing the Israeli state. [caption id="attachment_82985" align="alignnone" width="640"]https://www.facebook.com/photo.php?fbid=648478308550930&set=pb.569630543102374.-2207520000.1396799191.&type=3&theater (Mock "Apartheid Wall" at Vassar College 2014)[/caption] I walked up to SJP and told them that I was raised in a Muslim family. They loosened up immediately and seemed eager to welcome me into their hate. There are not a lot of Arab and Middle Eastern students on campus. I remembered that a friend had told me about the Wall of Truth, pro-Israel murals that sometimes counters the apartheid walls.

No, I didn't see it coming. We didn't even plan on live coverage of VA-07, instead focusing on whether Lindsey Graham would avoid a runoff (he did). At some point I started seeing tweets of early VA-07 numbers and thought someone was trolling.  Then I checked and it was no joke. The night of, but particularly the day after, there is much fine punditry as to why Cantor lost.  And much political spin. Looking back, with the complete benefit of hindsight, it seems that something changed along the way for Cantor.  I can't put a precise date on it, but looking back on our posts about Cantor, I'd put the change sometime in late 2011, after Republicans gained control of the House, Cantor became Majority Leader, and he set his sights on even higher positions of power. Until then, our posts reflect Cantor as a tough fighter, the "bad cop" to John Boehner's "good cop" in fighting Obamacare and the Democratic agenda.   Cantor was the guy designated to take on Obama directly in the final weeks prior to Obamacare being signed into law:
Obama also gave House Minority Whip Eric Cantor a stern talking-to when he noticed that the Virginia Republican had stacked the more than 2,000-page bill in front of him while he griped that patients would not be able to maintain the same level of coverage under the Democrats' plan. Obama briefly addressed the coverage point and then turned to the stacked health care bill. "You know, when we do props like this, you stack it up and you repeat 2,400 pages, et cetera -- the truth of the matter is that health care is very complicated. And we can try to pretend that it's not, but it is," Obama said. "These are the kind of political things we do that prevent us from actually having a conversation."
Note also Cantor pointing out that people will not be able to keep their doctors and coverage: Cantor proudly earned the ire of Obama and the Democrats, and was targeted for his efforts, as this Politico headline from March 10, 2009 declared:

Marissa Alexander was back in court today for a pre-trial hearing on whether she will be granted yet another shot at self-defense immunity under Florida statute FL 776.032: Immunity from criminal prosecution and civil action for justifiable use of force.   In what has become an all too familiar pattern in this case, however, Duval County Circuit Court Judge James Daniel decided to punt the decision further down the calendar.  Whether to allow a self-defense immunity hearing is now delayed until August 1.

The Issues Prompting Judge Daniel's Delay on Self-Defense Immunity Decision

As reported at First Coast News and other news media, Judge Daniel appears to be struggling with two issues in particular. The first is whether a defendant should ever be permitted to have multiple self-defense immunity hearings.  The concern here is that defendants will simply seek successive self-defense immunity hearings every time an earlier one goes against them, resulting in long delays in trial. On this point the defense, in the person of high-profile litigator Faith Gay, is arguing that they have new evidence--notably, the changed testimony of one of the minor children at which Alexander fired her bullet, who they say is now prepared to testify that their father charged Alexander and thus justified her use of deadly force in self-defense.  Of course, this new evidence, even if true, does nothing to change the fact that Alexander had achieved a position of safety, armed herself with a firearm, and returned to the conflict, behavior utterly inconsistent with any reasonable claim of self-defense.

House lawmakers passed a bill Tuesday aimed at addressing some of the now high profile problems at Veterans Affairs facilities. From the Associated Press:
United and eager to respond to a national uproar, the House overwhelmingly approved legislation Tuesday to make it easier for patients enduring long waits for care at Veterans Affairs facilities to get VA-paid treatment from local doctors. The 421-0 vote was Congress' strongest response yet to the outcry over backlogs and falsified data at the beleaguered agency. Senate leaders plan debate soon on a similar, broader package that has also drawn bipartisan support, underscoring how politically toxic it could be for lawmakers to be seen as ignoring the problem. […] The House bill would let veterans facing long delays for appointments or living more than 40 miles from a VA facility to choose to get care from non-agency providers for the next two years. A relative few vets already have that option for outside care, and this would expand the offer. The bill also would ban bonuses for all VA employees through 2016 and require an independent audit of agency health care. An earlier House-passed bill would make it easier to fire top VA officials. [House Veterans Affairs Committee Chairman] Miller said VA would save $400 million annually by eliminating bonuses, money the agency could use for expanded care at its centers.
The legislation comes after weeks of reports of various issues surrounding the Department of Veterans affairs. The latest details to emerge came from an audit released Monday which revealed, among other things, that 57,000 veterans have been waiting 90 days or longer for their first VA appointment, and another 64,000 never even got appointments. Some have urged for prosecution of some of the wrong-doing at the VA. At a House Veterans' Affairs Committee hearing Monday evening, this again became a topic of discussion. From the National Journal:

UPDATE - At about 9:15 PM, the Associated Press called the SC Senate race for Lindsey Graham and projects he will not face a runoff election. With 71% of precincts reporting at 9:45PM, Graham is close to garnering 60% of the vote. Notably, Graham won nearly all of the counties in SC and exceeded the 50% threshold in all of them except Greenville, Spartanburg, Laurens and Union Counties. Lindsey Graham Primary Win Results Tim Scott is easily winning his primary getting vote margins above 90% at this point. In fact, Scott is over performing Graham by 60,000 votes statewide.

As soon as Obama was elected it became a foregone conclusion that this would be the result in Iraq---that the country would be taken over by the worst forces in the area. Since then, it's been a slow denouement:
Insurgents seized control early Tuesday of most of the northern Iraqi city of Mosul, including the provincial government headquarters, offering a powerful demonstration of the mounting threat posed by extremists to Iraq’s teetering stability. Fighters with the Islamic State of Iraq and Syria (ISIS), an al-Qaeda offshoot, overran the entire western bank of the city overnight after Iraqi soldiers and police apparently fled their posts, in some instances discarding their uniforms as they sought to escape the advance of the militants... The collapse of government forces in Mosul echoed the takeover earlier this year of the town of Fallujah in western Anbar province, where U.S. troops fought some of their fiercest battles of the Iraq war...
The Iraqi government is asking for international and/or US help, "by virtue of the Joint Cooperation agreement between the two countries." But that horse left the barn a long time ago. As a result of Obama's decisions regarding the Iraq pullout, there are not even any residual US forces left in the country, as remain in so many other places where Americans have fought and died:

Well this is an interesting development, Calif. court rules teacher tenure creates unequal conditions:
A Los Angeles Superior Court judge ruled Tuesday that tenure, seniority and other job protections for teachers have created unequal conditions in public schools and deprive poor children of the best teachers. In a case that could have national implications for the future of teacher tenure, Judge Rolf Treu sided with a Silicon Valley mogul against some of the most powerful labor unions in the country. In a 16-page ruling, in the case of Vergara v. California, Treu struck down three state laws as unconstitutional. The laws grant tenure to teachers after two years, require layoffs by seniority, and call for a complex and lengthy process before a teacher can be fired. David F. Welch, founder of an optical telecommunications manufacturing firm, charged that job protections allow the state’s worst educators to continue teaching and that those ineffective teachers are concentrated in high-poverty, minority schools, amounting to a civil rights violation.
The full decision is embedded below. The court stayed its injunction pending appeal, so no changes will take place immediately. The sound of the teachers' union screaming and crying is ringing in my ears and I can't focus:

Joan Biskupic writing for Reuters reports on the fear in the legal community that has caused large law firms to refuse to take on clients who support keeping the "one man, one woman" definition of marriage, U.S. law firms flock to gay-marriage proponents, shun other side (h/t @AdamLiptak):
As U.S. lawsuits seeking gay-marriage rights move toward a likely showdown at the Supreme Court next year, major law firms are rushing to get involved — but only on the side of the proponents. A Reuters review of more than 100 court filings during the past year shows that at least 30 of the country's largest firms are representing challengers to state laws banning same-sex marriage. Not a single member of the Am Law 200, a commonly used ranking of the largest U.S. firms by revenue, is defending gay marriage prohibitions. These numbers and interviews with lawyers on both sides suggest that the legal industry has reached its Mozilla moment. The software company's CEO, Brendan Eich, resigned in April after being denounced by gay marriage supporters for a donation he had made in support of California's since-overturned gay marriage ban. Now in a similar vein, attorneys at major law firms are getting the message that if they want to litigate against gay marriage they should do so elsewhere.
None of this will come as a surprise to Legal Insurrection readers. We wrote in April 2011, how the large law firm of King & Spalding withdrew its representation of the House of Representatives on the DOMA litigation after the Human Rights Campaign started contacting King & Spalding clients unrelated to the litigation,  and threats were made to hold protests at clients' offices.  King & Spalding did not, however, simultaneously drop its representation of radical Islamic Gitmo detainees who promote societies that treat women and gays as subhuman. I wrote at the time that there was A Hostile Environment For Pro-Traditional Marriage Views At King & Spalding, such that the expression of any contrary view was a potential career ender.  We now know how true that can be, as the Brendan Eich case demonstrated.

The polling is pretty consistent that the public is not buying Obama's spin on the trade of 5 senior Taliban Gitmo detainees for alleged deserter Bowe Bergdahl. CBS News reports:
Just over a week after U.S. Army Sgt. Bowe Bergdahl was freed by the Taliban, a CBS News Poll shows 45 percent of Americans disapprove of the deal that saw him released in exchange for five Taliban militants, while 37 percent approve of it. About one in five do not have an opinion. Views differ by political party: most Republicans disapprove of the deal, while just over half of Democrats approve. Among those who have served in the military, 55 percent disapprove of the prisoner swap. Most Americans -- 56 percent -- say the U.S. paid too high a price to secure Bergdahl's release. Among veterans, that figure rises to 65 percent. Republicans and independents say the deal cost the U.S. too much, while Democrats are more divided: 42 percent think the terms of the agreement were reasonable, but almost as many -- 39 percent -- say the U.S. paid too high a price.
Pew Research further finds:

After a lot of speculation and angst by conservative voters in South Carolina, today is Judgment Day for Lindsey Graham. Over the past year, SC grassroots activists have attempted to organize with the goal of defeating Graham in his re-election bid.  The problem always came back to the lack of a serious challenger to the incumbent Senator. Graham was first elected to Congress in the Republican Wave of 1994.  But the voters who watched O.J. Simpson huddled in the back of his white Bronco 20 years ago are not the demographic force of the electorate today.  South Carolina has a very eclectic mix of Republican voters:  Establishment/old school, Tea Party patriot grassroots groups, Christian conservatives and a libertarian streak that gave Ron Paul some hope in the 2012 South Carolina primary. Unlike the McDaniel/Cochran Senate race in Mississippi, none of these odd fellows in S.C. were able to coalesce behind a single candidate to go up against Graham. However, South Carolina is very interesting as it is one of the few states left that requires a 50%-plus-one vote in order to avoid a runoff election.  Most runoff states have a lower threshold of 40%. The main competitors to Graham are S.C. State Senator Lee Bright from the Greenville-Spartanburg area of Upstate South Carolina.  Bright was well-postioned in the crowded field as the only elected official with some statewide name recognition to challenge Lindsey Graham.  Bright also brought together a number of the numerous Tea Party and patriot grassroots groups throughout the state.  However, he never seemed to be able to gain momentum statewide or make a compelling case as to why he was a good alternative to Graham.  Bright struggled with fundraising throughout the contest, but recent polls suggest he may finish in second place to Graham in voting today.

Note: You may reprint this cartoon provided you link back to this source.  To see more Legal Insurrection Branco cartoons, click here. Branco’s page is Cartoonist A.F.Branco...