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Posted by Andrew Branca on July 29, 2014 15 Comments
We;re back with day 4 of the second degree murder trial of Theodore Wafer for the shooting death of Renisha McBride on Wafer's Detroit front porch in the early morning hours of November 2, 2013. The day started, as has become customary, with Wafer's defense counsel Cheryl Carpenter asking Judge Dana Hathaway to allow into evidence certain cell phone pictures from McBride's phone, as well as some of her social media information--specifically, her Twitter account handle, "Young and Thugging."  Judge Hathaway again excluded the pics, and also the Twitter handle, noting that the account had been closed in June 2012 and was too far distant from the events of November 2013. The number of witnesses saw a considerable decline relative to earlier days of the trial, with only two witnesses being moved through, and the second of those only through direct examination.  These two were:
  • James Bivens Jr., Chief, Criminal Investigative Division of the Wayne County Prosecutor's Office
  • Michigan State Police Detective Sergeant Shawn Kolonich, a forensics firearms expert
There was nothing particularly notable about Kolonich's testimony on direct.  Bivens' testimony raised some issues, such as the State's refusal--upheld by Judge Hathaway--to deny the defense certain of Bivens' raw notes, as well as a question from the defense asking if it would have been relevant to Bivens' if it turned out McBride has spent the "missing hours" in a drug house.

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Posted by William A. Jacobson on July 29, 2014 28 Comments
Just think what could have been. Israel left Gaza in 2005. The vast international aid that flowed to Gaza could have been used to build the foundation of a nation. Instead it was put to building tunnels and rocket infrastructure. Rather than forging economic ties with the world, it forged military ties with Iran and Hezbollah to achieve the goal of the Hamas charter -- the destruction of Israel. Meanwhile, Israel continued to build a nation, becoming one of the high tech capitals of the world. That could have been Gaza, where the people obviously have tremendous skills and ingenuity. But it was a choice that was not made. The NY Times has a good story about the nature of the vast Hamas tunnel network into Israel, designed specifically for kidnapping and attacks, Tunnels Lead Right to the Heart of Israeli Fear:
An Israeli military spokesman said that in the tunnels uncovered so far, soldiers have found more than 70 side shafts. Inside the Ein Hashlosha tunnel, they picked up potato-chip bags dated as late as February. Elsewhere, there were dates, water and crackers; rocket-propelled grenades and automatic rifles; small rooms for sleeping or hiding; a kidnapping kit of tranquilizers and plastic handcuffs; Israeli Army uniforms; and a Bosch drill used for digging the tunnels that Colonel Azulai described as “a very good one.” “It’s like a subway under Gaza,” he said. Israeli experts said each tunnel would take up to a year and cost up to $2 million to build, involving dozens of diggers working by hand and with small electric tools. The military has known about the tunnels since at least 2003 and had a task force studying them for a year, but was nonetheless stunned at the sophisticated network they found.

Posted by Andrew Branca on July 29, 2014 20 Comments
Not that it comes as any surprise, but Washington DC has filed an appeal for a stay of the Palmer v. DC ruling this weekend that ordered stopped DC's laws banning the public carry of handguns. This District's motion asks for a stay pending appeal of the DC Court's ruling, are in the alternative a stay for at least 180 days to allow the District to enact a compliant gun carry licensing mechanism.  Of course, they also request an immediate stay while the Court considers the District's motion. The District's motion states that they have consulted with opposing counsel--presumably Alan Gura--who has indicated that they do not oppose a 90-day stay, effective immediately, "pending the city council enacting legislation that complies with constitutional standards."  Opposing counsel also intends to file their further views on the motion by August 4. In the meantime, aia the Washington Times:
D.C. Metropolitan Police Chief Cathy L. Lanier issued guidance late Sunday to police officers on how to enforce gun laws in the wake of the ruling and to outline scenarios under which the carrying of a firearm would be illegal. ... “Under the current ruling, possession of a firearm outside of the home or business in and of itself MAY NOT be criminal,” Chief Lanier wrote in a memo issued to police and the public. “For example, a District resident that has a legally registered firearm may legally possess it outside of the home or business. However, District residents are still PROHIBITED from possessing a firearm that is not legally registered in the District.”

Posted by Bruce Carroll on July 29, 2014 2 Comments
British and American media are reporting that Ukrainian government officials have seen data from the say the downed Malaysia Airlines' black box recorders. According to these officials, the airliner suffered an explosive loss of pressure after it was punctured by multiple pieces of shrapnel from a missile. From the BBC:
They say the information came from the plane's flight data recorders, which are being analysed by British experts. However, it remains unclear who fired a missile, with pro-Russia rebels and Ukraine blaming each other. Many of the 298 people killed on board flight MH17 were from the Netherlands. Dutch investigators leading the inquiry into the crash have refused to comment on the Ukrainian claims.
Meanwhile those same Dutch investigators in charge of finding out what happened have yet to visit the crash site, view the wreckage or see the human remains from the aftermath of the downing of the plane. From CNN:

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Posted by Amy Miller on July 28, 2014 21 Comments
Every campaign makes strategic mistakes, but it's not often that a high profile campaign's biggest mistake is that it publishes its own "eyes only" strategy plan. National Review reported today that back in December, Michelle Nunn's campaign made the mistake of publicly posting on the internet their comprehensive campaign strategy for the 2014 midterms. Nunn, who is Georgia Democrats' best hope for recovering the Senate seat vacated by Saxby Chambliss, is now facing criticism over strategies revealed as a result of the blunder. Via National Review:
The documents reveal the campaign’s most sensitive calculations. Much of the strategizing in the Georgia contest, as is typical in southern politics, revolves around race. But the Nunn memos are incredibly unguarded. One is from Diane Feldman, a Democratic pollster and strategist who counts among her clients Minnesota senator Al Franken, South Carolina representative James Clyburn, and former Los Angeles mayor Antonio Villaraigosa. Feldman, who did not return calls seeking comment, is frank in her characterization of the demographic groups — Jews, Asians, African Americans, Latinos, and gays — that are essential to a Democratic victory. The Nunn campaign declined to comment about the document on the record.

Posted by Andrew Branca on July 28, 2014 7 Comments
Today continues with the third day of the murder trial of Theodore Wafer in the Detroit front porch shooting death of Renisha McBride.  We covered this morning's testimony here:

Detroit Front Porch Shooting case: Day 3 Mid-Day Wrap-Up

Witnesses this afternoon included:
  • Cyndi Maxwell, Dearborn Police Corporal, Fingerprint Collection
  • Jennifer Rizk, Michigan State Police, Fingerprint Analysis
  • Allison Riviera-Papillo, Michigan State Police Crime Lab
  • Heather Vitta, Michigan State Police, Forensic Scientist
All four are, obviously, involved in the law enforcement collection and analysis of evidence from crime scenes.  
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Posted by Leslie Eastman on July 28, 2014 8 Comments
Legal Insurrection is truly fortunate to be able to feature the amazing work of talented political cartoonist, A.F. Branco! I have always been a big fan of political cartoons.  In fact, two years ago, I taught my son's class about the history of political cartoons, and had them each create one of their own.  While this was a fun exercise, it proved how challenging it is to covey complex points about the state of the world and the nature of mankind -- all in one small panel. Yet, A.F. Branco's routinely hits the most relevant points impacting current events in fun, poignant, and powerful ways. Being a huge fan of his work, I am thrilled to be able to share an interview of Branco by Alana Marie Burke in  Liberty Voice: Editorial Cartoonist Takes on National Issues With Humor.
Alana Marie Burke (AMB): I admire your lack of cowardice in the current hyper politically correct media environment. In your work, you clearly illustrate your opinions with to the point, well-articulated cartoons that hit hard on national issues affecting Americans. Antonio F. Branco (AFB): I appreciate that, thank you for your perspective. They say every year that we are at a tipping point but I think we are almost beyond the tipping point and it is as though the people in power just don’t seem to have a grip on how serious things are. I think that may come from being insulated in Washington D.C. ... AMB: You are a creative person – a painter and a musician in addition to being a cartoonist. What inspired you to go into the field of cartoons – especially those in an editorial and very political style? AFB: Basically, I just was tired of sitting on the sidelines watching things happen. A lot of people like me were very frustrated around 2010 and that is what instigated the Tea Party and I just could not sit on the sidelines anymore. I had to do something, even if it was just in a small way. I really didn’t consider drawing cartoons as a way to really impact the world or anything – I just thought at least I am doing something and if a few people see it, share it and get the message out there, all the better. I started out with just a few people on my Facebook page, then it turned into a couple of hundred then a few thousand and it has grown. I now have three pages, my personal Facebook page, Freedom’s Battle where I post not only cartoons but other things in the political arena that interest me, or that other people might want to have a discussion on and that is where I get a lot my ideas for cartooning.

Posted by A.F. Branco on July 28, 2014 7 Comments

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...

Posted by Andrew Branca on July 27, 2014 161 Comments
Joseph Walker, the New Jersey police officer who shot and killed Joseph Harvey Jr. in a Maryland road-rage incident, took the stand this past Friday to testify in his own defense over a 90 minute period, reports The Baltimore Sun.  Walker is charged with first degree murder in the case, and if convicted faces life in prison.

Posted by William A. Jacobson on July 27, 2014 25 Comments
Margie in Tel Aviv called attention today to a Christopher Hitchen's quote. I had not heard that before, so I looked it up, here is the clip, from 2010 (transcription):
“And I'll close by saying this. Because anti-Semitism is the godfather of racism and the gateway to tyranny and fascism and war, it is to be regarded not as the enemy of the Jewish people, I learned, but as the common enemy of humanity and of civilisation, and has to be fought against very tenaciously for that reason, most especially in its current, most virulent form of Islamic Jihad.... Our task is to call this filthy thing, this plague, this—this pest, by its right name; to make unceasing resistance to it, knowing all the time that it's probably ultimately ineradicable, and bearing in mind that its hatred towards us is a compliment, and resolving (some of the time, at any rate) to do a bit more to deserve it. Thank you.”
http://youtu.be/SVNcCKeRIlk?t=3m20s What we are seeing is anti-Semitism back in the open in the name of anti-Zionism. You cannot separate the two in the political real world. In addition to all the other videos and images we have protested, here is France, where anti-Semitic pro-Palestinian street rioters wear "Boycott Israel" shirts (which we have seen before): http://youtu.be/YnErARKvIRk?t=21s Here is Paris burning during anti-Semitic riots (more here): It is important to document this widespread, worldwide anti-Semitism which infuses these "pro-Palestinian" protests.

Posted by Bruce Carroll on July 27, 2014 19 Comments
Ten days after Malaysian Airlines Flight 17 was shot from the skies over Ukraine, the situation on the ground in Ukraine has gotten worse. U.S. officials released satellite images today showing proof that Russian forces have been shelling eastern Ukraine from the Russian side of the border.
The U.S. Office of the Director of National Intelligence, which released the civilian-taken satellite images Sunday, said they show visual evidence that Russia has been firing shells across the border at Ukrainian military forces. Officials also said the images show that Russia-backed separatists have used heavy artillery, provided by Russia, in attacks on Ukrainian forces from inside Ukraine.
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