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Le·gal In·sur·rec·tion

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Four years ago, many of us were glued to the TV and social media streams following the dawn of "Arab Spring". One of the most dramatic moments of that era was the start of massive pro-democracy demonstrations in Egypt's Tahrir Square. After ousting the reviled Hosni Mubarak, the Egyptians used their vote to elect a Muslim Brotherhood "community organizer"; and the ensuing meltdown led to his ouster and the nation declaring the group illegal. In April 2014, I noted the country had sentenced over 600 alleged supporters of the country’s ousted Islamist president to death, including the Muslim Brotherhood’s spiritual leader -- the aptly named Mohammed Badie. Those sentences have now been revoked.
Egypt’s top appeals court Saturday revoked death and life sentences against more than 500 backers of deposed Islamist president Mohammad Mursi and ordered a retrial for them in a case that has raised international concerns over the operation of the justice system in the country. The Court of Cassation delivered the ruling at a hearing in which prosecution and defence lawyers alike demanded the cancellation of the verdicts delivered by a lower court last year, citing legal flaws. ...On Saturday, lawyer Mohammad Toson argued in a brief hearing that the Criminal Court issued the rulings without listening defense lawyers and witnesses. No date has been set yet for the start of the retrial.
The ruling also included Badie's sentence.

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Thanks to a tip from commenter Gremlin1974 right here on Legal Insurrection I was directed to this relatively high-quality body camera footage of a police officer engaging a suspect with gunfire, following the suspect pointing a pistol at the officer. Further details of the event were reported by local news station Fox 23 and by Chuck Ross at the Daily Caller. The shooting took place on January 16, 2015 in Muskogee, OK. The ex-girlfriend of 21-year-old Terence Walker, black, was getting married, an event to which he took umbrage. His solution was to threaten to shoot her on her wedding day, including such details as noting that he had a particular bullet selected just for her. When the bride approached her pastor in tears and shared these threats, he immediately called 911, saying of Walker: "He’s here with a gun,” Jones said of Walker on the 911 call. “I need a police officer because I got to stop this. I got a whole bunch of people here, and I don’t need nobody hurt." Police Officer Chansey McMillin, white, was dispatched to the scene. The body camera released begins as his vehicle is pulling into the church parking lot, captures the shooting itself, and continues for several more minutes until the crime scene has been secured and McMillin is on his way to the police station for debriefing.

As the race for 2016 shifts into gear, old conflicts are reemerging between Hillary Clinton supporters and Team Obama; this time, it's over access to Obama's massive email lists. Amie Parnes and Niall Stanage of The Hill reported:
Obama, Clinton tensions build over email lists ahead of 2016 New tensions are emerging in the relationship between allies of President Obama and Hillary Clinton. At issue is the fate of the political equivalent of gold dust — the enormous email list, comprised of many millions of supporters and donors, that the Obama team has compiled over the course of his two presidential campaigns. The Clinton camp would dearly love to get its hands on the list, but there is no promise as yet that the president’s aides will comply. There are “large concerns” about the lists among Clinton supporters, one Hillary ally told The Hill. To the Clintons and their friends, it’s near unthinkable that a Democratic president — who has plenty of reasons to want a member of his party to succeed him — would withhold such a valuable commodity. But Team Obama has long believed that the president’s support is built upon the bedrock of his personal qualities rather than mere party identification. His people are loath to be seen as treating the passion of his supporters in a cavalier fashion. “There’s a lot of data — voter data, massive email lists — that Obama built and there are a lot of people who want to make sure that he spreads that wealth,” the Clinton ally said. “They want to make sure he doesn’t take it in a suitcase back to Chicago and move on. No one wants to see it disappear or have it used just to build a library.”
Democrats are probably hoping everyone has forgotten how ugly the conflict between Hillary and Obama became during the 2008 Democratic primary. There's plenty of evidence that the rift never healed.

Congress now under Republican control is working on immigration reforms one bill at a time. Their latest endeavor is the Secure Our Borders First Act. The bill was released from the House Homeland Security Committee this week and has sister legislation being considered in the Senate. Rep. Michael McCaul of Texas is the Chairman of the House Homeland Security Committee. Some reports indicate the bill actually removes border fencing. We reached out to Chairman McCaul's office who indicated reports of fence removal were, "simply wrong." Further, we read the bill and also found no indication of fence removal. So what does the border security bill do about fencing? The bill does not require the building of a wall or fence along the entirety of America's southern border. Rather, it mixed security measures depending on the location. The southern border (for the purposes of implementing security) have been divvied up into multiple sectors. Security in each sector vary depending on severity of threat and include areal surveillance, tower watch, manned patrols, and other tactics. The bill requires regular assessment of each sector in order to shift tactics as needed.

A three-day long controversy broke out recently over the use of the term "No-Go Zones" with regard to certain European cities in light of the Charlie Hebdo and HyperCasher supermarket attacks by Islamic radicals. Steve Emerson of The Investigative Project, a longtime expert on terrorism and its connection to Islamist radicals, made a misstep when he overstated the case while appearing on Fox News.  That created a near-perfect storm of groups just waiting to jump all over him: Fox News haters like the NY Times (even though it previously used the term) and the liberal entertainment media; British and European politicians who prefer not to deal with the sources and implications of domestic terror; and groups that have made professions of tarring people with the Islamophobia epithet. Emerson handed it all to them on a silver platter, as Theodore Dalrymple at City Journal explains:
Steven Emerson, the expert on terrorism, has caused a sigh of relief among the bien pensants of the Western world. By making inaccurate and false claims on Fox News, he has enabled them to pour righteous scorn on him and thereby avoid thinking about uncomfortable social realities.
A defense of Emerson's basic point, if not his specific description, is provided by the Gatestone Institute, European 'No-Go' Zones: Fact or Fiction? Part 1, France. (added) See also, Jonathan Tobin, ‘No-Go Zones’ Are Not a Conservative Meme. Regardless of whether "No-Go Zone" is a proper term in a general way, there is no doubt that there are cities and sections of many cities in Europe which are no-go zones for those publicly identifying as Jewish by dress (e.g., wearing a kippah/yarmulke) or symbols (e.g. wearing a Star of David) or appearance (e.g., long beard in combination with dress and symbols). We have explored the problem of Walking While Jewish repeatedly over the years, including recently regarding "Kippah Walks" in placed like Copenhagen to protest harassment of Jews on the street, frequently by groups of Muslim young men. Though it's not only men, as this woman in Copenhagen demonstrated with her Heil Hitler shout when she spotted Jews at a restaurant:

Texas' new Agricultural Commissioner, Sid Miller, granted amnesty to cupcakes as his first act of office. "I'm announcing that I am giving full amnesty to the cupcakes in Texas. I'm also granting full pardon to pies and cookies and brownies and cakes and homemade candies," Miller said in his announcement. In Texas, the Department of Agriculture administers the school lunch program responsible for restrictive dietary guidelines. Guidelines were put in place to combat childhood obesity, but as Miller points out, the figures haven't changed in the ten years stringent dietary restrictions have been in place. "We're getting out of the school mandate business," Miller said. Miller explained further on Fox and Friends:

Just minutes ago at the Iowa Freedom Summit, one of 2016's dark horses catapulted himself out of the murky waters of presidential speculation and into the spotlight. That person was Wisconsin Governor Scott Walker. Even before Walker took the stage attendees knew that something big was about to happen: Once he took the stage, it was all over; and by "all over," I mean, "he blew the crowd away."

We still have over a year to go before the Iowa Caucuses (February 1, 2016---are you EXCITED?????) but GOP movers and shakers are already descending on Iowa to shake hands, make speeches, and (most importantly) soak in as much of the limelight and media attention as they possibly can. This is the first major event that will bring the presidential hopefuls together under one roof, which means that it's also the first time that newcomers to the game will be able to set themselves apart before a national audience. From the Des Moines Register:
...make no mistake: The campaign is on. Aspirants will spend Saturday trying out messages, drawing contrasts and making contacts. Some may leave Des Moines with national buzz and a higher profile. Some may set themselves back. "It's a real test," said longtime GOP strategist Ed Rollins. "This is the first impression for some of these candidates, and the first impression is very, very important. Who shines?" No fewer than 23 Republican luminaries are committed to attend, including at least eight who have signaled interest in the presidency. Activists have snapped up every last one of the auditorium's 1,251 seats, and 800 more have signed on to a waiting list. About 150 journalists have secured credentials, and organizers are turning down late-arriving requests.
Not every hopeful will be in Iowa this weekend; although popular speakers like Ted Cruz, Chris Christie, and Sarah Palin will be there with bells on, other high-profile would-be candidates like Rand Paul, Bobby Jindal, and Jeb Bush have elected to skip the event.

Since I last reported on the Disneyland Measles Outbreak, the number of infected people in California has expanded to 68 and has prompted a warning from a state official.
It’s really difficult to tell now when the last day of exposure might be,” said Dr. Gil Chavez, deputy director of the state’s Center for Infectious Diseases. “For the time being, if you are not vaccinated or if you have an infant who is too young to be vaccinated, you should avoid going to Disneyland.” In all, 59 measles cases have been confirmed statewide, including 13 in San Diego County. Disneyland is associated with 41 of those patients, including five of the park’s employees. Disneyland did not respond directly to the Wednesday recommendation from public-health officials. It referred journalists to a recent statement made by Dr. Pamela Hymel, the park’s chief medical officer, that said Disney was notified of the outbreak on Jan. 7. The company has offered vaccinations and immunity tests to its workers. “Cast members who may have come in contact with those who were positive are being tested for the virus. While awaiting results, they have been put on paid leave until medically cleared,” Hymel said.
I was mulling the idea of taking advantage of the situation, as my family is up-to-date on its vaccinations. However, concerns are increasing about the number of vaccinated individuals becoming ill with the disease. Some medical experts have also expressed concern about the five patients who contracted measles despite being fully vaccinated.

Britain stood alone. In today's terms, the liberal punditry and political machine would tell us that Britain was on the wrong side of history, and that the rising tide in mainland Europe needed to be accommodated, joined, and imported, not fought. Except Britain wasn't on the wrong side of history, because the number of countries and people adhering to an ideology doesn't make right or wrong. Not then, or now. Britain had a leader who saw that point. 50 years ago today Winston Churchill died.

California's seven Supreme Court judges have voted unanimously to prohibit state judges from holding membership in the Boy Scouts of America; the ruling is based on the grounds that the Scouts discriminate against gays. California is one of several states that has rules on the books banning judges from holding memberships in groups that discriminate on the basis of sexual orientation; the court, however, also carved out an exception for non-profit youth groups, including the Boy Scouts. Everything changed, however, when an ethics advisory committee recommended the ban last year. The San Francisco Gate has the history:
California has been among 23 states with an ethical code that prohibits judges from belonging to organizations that discriminate on the basis of sexual orientation. But the state’s Supreme Court in 1996 approved an exemption, unique to California, for “nonprofit youth organizations” to accommodate judges affiliated with the Boy Scouts. The Bar Association of San Francisco and other legal organizations sought to repeal that exemption in 2003. The court refused, and instead instructed judges to disclose connections to the Boy Scouts when they heard cases involving gay rights and related issues, and to disqualify themselves for any conflicts of interest. At the time, the Scouts also barred gay youths as members, a policy the U.S. Supreme Court had upheld in 2000. The organization repealed that ban at a national meeting in May 2013, effective the following January, but maintained the prohibition on gay and lesbian youth leaders. “The people of California have a right to an impartial and unbiased judiciary,” Richard Fybel, a state appeals court justice in Santa Ana and chairman of the high court’s ethics advisory committee, said Friday. “This is important to accomplishing that.”

After several senior Hezbollah military leaders and an Iranian General were killed in the Syrian portion of the Golan Heights, presumably by Israel, there is plenty of speculation as to when and how Hezbollah and Iran will react. An article in The Times of Israel suggests that capturing an Israeli town or sections of northern Israel could be in store, as Hezbollah has threatened to do so in the next conflict:
Nasrallah, [Lt. Col. Dotan Razili] said of the organization’s leader, “wants to conquer a city,” perhaps in the Galilee. The border town at the tip of the Galilee’s panhandle, Metulla, he suggested, “is definitely a possibility.” The army constantly practices perimeter defense and the invasion of enemy strongholds or towns in which the enemy is embedded. It does not, however, drill its infantry soldiers in the practice of taking back an Israeli town seized, in its entirety, by enemy forces. “The main element is to lessen the shock and make sure they’ll act,” Razili said, noting that no Israeli village or town has fallen since Kibbutz Nitzana, in 1948, “and the trauma of that endures till today.”
Longtime readers may recall my trip to Metula in the summer of 2013, where I reported on the vulnerability, Metula and the fake Hezbollah village, including maps and photos showing the geography: [caption id="attachment_60711" align="alignnone" width="505"](Metula, Israel - Map View) (Metula, Israel - Map View)[/caption]

House Speaker John Boehner didn't consult the White House before inviting Israeli Prime Minister Benjamin Netanyahu to speak before a joint session of Congress---and the White House is not happy about it. From the Times of Israel:
“We thought we’ve seen everything,” [Haaretz] quoted an unnamed senior US official as saying. “But Bibi managed to surprise even us. “There are things you simply don’t do. He spat in our face publicly and that’s no way to behave. Netanyahu ought to remember that President Obama has a year and a half left to his presidency, and that there will be a price,” he said. Officials in Washington said that the “chickenshit” epithet — with which an anonymous administration official branded Netanyahu several months ago — was mild compared to the language used in the White House when news of Netanyahu’s planned speech came in.
Normally, the President and Cabinet choose not to meet with world leaders on the eve of an election, so the fact that Netanyahu and Obama will not meet isn't a particular scandal. The White House's reaction is typical of this administration, and it doesn't shock me; what's shocking about all this is the fact that the White House allowed this type of insanely heated rhetoric to leak into the media. And when I say "shocking," I mean "typical and disgusting."