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Posted by William A. Jacobson on November 23, 2013 46 Comments
The details are just coming out, but it appears that Iran gets to keep its uranium enrichment program, albeit on a somewhat reduced level pending 6 months of monitoring. The U.S. agreed not to unilaterally impose new sanctions during this time period, something previously under consideration in Congress with strong bipartisan support. There also will be an easing of some sanctions. https://twitter.com/BarakRavid/status/404475962093367296 https://twitter.com/jaketapper/status/404476002375831552 https://twitter.com/Rania_ElGamal/status/404474360314220545 Obama press conference Iran Geneva Agreement

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Posted by Mandy Nagy on November 23, 2013 13 Comments
A detailed report from the Washington Post on Saturday, titled HealthCare.gov contractor had high confidence but low success, revealed more information about some of the troubles behind the scenes during the development of the healthcare.gov website.  It's a lengthy read, but it's recommended you read the full article to get the full scope of the story. The report provides further background on the work performed by the project's primary contractor, CGI, and the growing concern from federal officials that the work was not proceeding as expected in the months and weeks leading up to the launch. The article begins:
At 9 a.m. on Aug. 22, a team of federal health officials sat down in a Baltimore conference room with at least a dozen employees of CGI Federal, the company with the main contract to build the online federal health insurance marketplace. For six weeks, the federal officials overseeing the project had become increasingly worried that CGI was missing deadlines, understaffing the work and overstating its progress. As the meeting began, one of the officials reminded the CGI employees that HealthCare.gov was “the president’s number one priority,” assured them that the discussion would be a “blame-free zone,” and then bored in. “We must be honest and open with each other,” the official said, according to documents obtained from participants in the session. “I have to know what I don’t know.”

Posted by William A. Jacobson on November 23, 2013 27 Comments
There has been a not too subtle attempt this week to smear the Tea Party as racist and violent in connection with the 50th Anniversary of the assassination of John F. Kennedy. What does the Tea Party have to do with the assassination? It's an outgrowth of the discredited and time-worn eliminationist narrative, that the modern "right wing" and the Tea Party in particular are the inheritors of the "paranoid style of politics" from the 1960s. The logic, if you call it that, is that Dallas was a city infused with hate and anti-Catholic bigotry, that bigotry was reflective of a larger Southern bigotry including racism, and that the Tea Party is the outgrowth of that racist, bigoted past which led to the assassination. There is a problem with all this, of course.  Kennedy was killed by a Lee Harvey Oswald, a Commie, not the "right wing." Let me repeat, because this is the internet:

JACK KENNEDY WAS KILLED BY A COMMIE!!!

You would not know that if you read the attempt to portray the Kennedy assassination as the result of right wing, bigoted hatred in the mainstream liberal media and blogosphere: Rich Lowry notes (also see video at bottom of post), The Kennedy Conspiracy in Plain Sight:

Posted by Mandy Nagy on November 23, 2013 14 Comments

The Wall Street Journal came out with this report late yesterday afternoon that Obama Personally Lobbied Senators to Curb Filibuster: President Barack Obama personally lobbied three Democratic senators who were unsure about a proposed ban on filibusters of presidential nominees, an 11th-hour effort earlier this week...

Posted by Mandy Nagy on November 23, 2013 5 Comments

Egypt expelled the Turkish ambassador Saturday, according to a report from the Associated Press (via NY Times): Egypt downgraded diplomatic relations Saturday with Turkey and expelled its ambassador from Cairo, a sharp escalation in tensions between the two countries that mounted after a military coup ousted...

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Posted by William A. Jacobson on November 23, 2013 5 Comments

We have written so many times about the anti-Israel Boycott, Divest and Sanction movement. The BDS movement is particularly strong on campuses in part because of the support from anti-Israel faculty and outside groups that target campuses: Brown U. divestment committee faculty member signed 2009 letter calling...

Posted by William A. Jacobson on November 23, 2013 17 Comments

Legal Insurrection readers once micro-aggressively attacked me for writing "me and __": UCLA Prof accused of racist “micro-aggression” for correcting student grammar Shock Video: Black students decry UCLA as not diverse enough Probably Government majors: Cornell multicultural group uses “diversity” to excuse spending sprees, missing funds, mismanagement See, told ya...

Posted by Mandy Nagy on November 22, 2013 3 Comments

It turns out that after the recent news that Democrats went the nuclear option route on the judicial filibuster, the hypocrisy isn't limited to politicians. Patterico dug up some interesting snippets yesterday from the NY Times (though at the time of this writing, the wording was...

Posted by Mandy Nagy on November 22, 2013 13 Comments

One of the Florida girls who had been accused of bullying Rebecca Sedwick is speaking publicly after charges were dropped in the case, and she says she wants to help stop others from bullying. Thirteen year old Katelyn Roman (whom I had not previously named in...

Posted by William A. Jacobson on November 22, 2013 46 Comments
Almost as soon as George Zimmerman was arrested, a report surfaced that girlfriend Samantha Scheibe, who made the dramatic phone call to 911, had been shopping her story to national media for several weeks -- but no one would pay her what she wanted. The Orlando Sentinel confirmed that at least one national media outlet (unnamed) had such communications:
WKMG's report that the women were seeking money for interviews with national news organizations was confirmed to the Sentinel by one such organization.
Not unexpectedly, the Zimmerman defense team is letting it be known that this was a set-up, via TMZ:
George Zimmerman was duped and done in by a lying GF who faked a pregnancy to keep him around and then framed him when she realized he was leaving her ... sources connected with Zimmerman tell TMZ. George is now facing felony domestic violence charges after Samantha Scheibe claimed he threatened her with a gun and forced her out of their house. Our Zimmerman sources say ... here's how it really went down:

Posted by William A. Jacobson on November 22, 2013 18 Comments
We have highlighted the race between Republican Rep. Tom Reed and Democratic challenger Martha Robertson in NY-23 many times. In part because it's my home district, but mostly because it is a swing district which leans Republican but includes liberal Tompkins County, making it competitive. It's not hyperbole to say the upstate NY districts like NY-23 will be key to Republicans holding the House by a comfortable majority. Robertson's problems with an apparently false fundraising claim that "GOP Ops" tried to take down her website during a crucial fundraising period gained statewide and even national attention. Legal Insurrection broke that story. Robertson said the campaign would hire a forensic investigative team, but the campaign has not responded to my email seeking an update as to whether a firm was hired and the status of the investigation of the alleged hacking. Robertson also is receiving local media attention for her years-long support for single payer, another story Legal Insurrection broke: I predicted that Robertson would have trouble with single payers support in the wake of the Obamacare debacle, and sure enough, she's running away from her past support for single payer. The Buffalo News reports on the controversy:

Posted by A.F. Branco on November 22, 2013 6 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 David Gerstman on November 22, 2013 3 Comments
On Wednesday, The Israel Project hosted a conference call with Dr. Emily Landau of Israel's Institute for National Security Studies. Dr. Landau is a non-proliferation expert and spoke about the problems with the agreement apparently being negotiated between the P5+1 (United States, China, France, Great Britain, Russia and Germany) and Iran. Landau focused on four elements of the agreement, as reported that are problematic. She evaluated these terms by the stated standard of an interim by President Obama that "goal of this short term deal is to be absolutely certain that while we’re talking to the Iranians, they’re not busy advancing their program."
  1. According to reports, P5+1 are willing to allow Iran to continue enriching uranium to 3.5%. At this point Dr. Landau said that there is "no plausible civilian explanation" for Iran to need more low enriched uranium, given "its vast stockpile of 3.5% enriched uranium." Given the number of centrifuges Iran has, even at this level, allowing enrichment allows Iran to advance its nuclear program.
  2. A second point that Dr. Landau focused on was Iran's recently installed next generation centrifuges. These centrifuges can enrich uranium at four to five times the speed of Iran's currently operating centrifuges. The agreement will apparently will allow Iran to test these centrifuges. Since this is an interim deal, why allow Iran to get these centrifuges ready to operate? If the P5+1 isn't able to close a permanent deal with Iran in 6 months, then these centrifuges will be ready to enrich then. Again this marks an advancement in Iran's nuclear program.
  3. The third element of the dealt that concerns Landau is that it won't stop the construction at the Arak heavy water reactor. This is the point that French foreign minister objected to. So hopefully this will be addressed.
  4. The final element that is problematic is that apparently an inspections regime has been spelled out for various sites in Iran, but not for Parchin. Parchin is where the IAEA detected a containment chamber that could be used for testing nuclear trigger devices. Although Iran has been detected cleaning the site, it is hoped that inspectors could find some residual evidence of what was going on there.
The third and fourth points are especially important as both of them indicate that Iran's nuclear program is military not civilian. (One does build a reactor of the type at Arak unless one wishes to produce weapons grade plutonium; a trigger is a necessary component of a nuclear bomb.)

Posted by William A. Jacobson on November 22, 2013 56 Comments
It's not for nothing that Obama nuked the filibuster rule.  Yes, Obama.  Harry Reid would not have done it except with marching orders. There's plenty of commentary all around about how this is a desperate move by Obama, as he sinks in the polls and his most "historic" achievement -- Obamacare -- eats away at the Democratic Party like a flesh-eating wound. Obama can pack open judicial seats with hard core partisans, and put his desired apparatchiks in positions of administrative power. I expressed my view on the opportunity this presents, Democrats nuked the ratchet. Oddly, I find myself agreeing with some commentators who normally are not on my side of the fence.  This Dana Milbank column makes some important points, although he inaccurately also blames Republicans for allegedly abusing the filibuster, The Democrats’ naked power grab:
“Congress is broken,” Senate Majority Leader Harry Reid said Thursday before holding a party-line vote that disposed of rules that have guided and protected the chamber since 1789.... Here’s what then-Sen. Joe Biden said in 2005 when a Republican Senate majority threatened to use a similar “nuclear option” to allow a simple majority to carry the day: “The nuclear option abandons America’s sense of fair play . . . tilting the playing field on the side of those who control and own the field. I say to my friends on the Republican side: You may own the field right now, but you won’t own it forever. I pray God when the Democrats take back control, we don’t make the kind of naked power grab you are doing.”

Posted by William A. Jacobson on November 22, 2013 60 Comments
The seemingly inexorable march towards economic socialism and political statism has been accomplished through legislative and judicial ratchets which, once established, were all but impossible to reverse in part because the filibuster helped lock in the agenda and those supporting the agenda. Because of the ratchet, the nation moved only in one direction: Towards redistribution of wealth, and bigger government. Because of the ratchet, there was little or no hope of fundamental reversals. Not anymore. When Democrats -- the embodiment of redistribution and statism -- exercised the Nuclear Option yesterday, they blew up the ratchet. The filibuster is dead for all purposes, even if superficially only as to non-Supreme Court nomninees. No one will respect the filibuster for Supreme Court nominees or important legislation -- the Senate can't be half pregnant. Ezra Klein gives several reasons whey the filibuster effectively is dead for all purposes, and why that may be a good thing for Republicans in the near term, Nine reasons the filibuster change is a huge deal:
8. There's a lot of upside for Republicans in how this went down. It came at a time when Republicans control the House and are likely to do so for the duration of President Obama's second term, so the weakening of the filibuster will have no effect on the legislation Democrats can pass. The electoral map, the demographics of midterm elections, and the political problems bedeviling Democrats make it very likely that Mitch McConnell will be majority leader come 2015 and then he will be able to take advantage of a weakened filibuster. And, finally, if and when Republicans recapture the White House and decide to do away with the filibuster altogether, Democrats won't have much of an argument when they try to stop them....
The inexorable march no longer is inexorable.

Posted by William A. Jacobson on November 21, 2013 15 Comments
California, with over 1 million canceled health policies due to Obamacare, has formally rejected Obama's so-called fix. https://twitter.com/CoveredCA/statuses/403645916596273152 Via The L.A. Times:
Spurning President Obama’s plan for canceled policies, California's health insurance exchange voted against any extension for about 1 million policyholders in the state. The five-member board of the exchange voted unanimously to keep its current requirement that insurers terminate most individual policies Dec. 31 because they don't meet all the requirements of the Affordable Care Act. The decision ends a weeklong drama over what would happen for policyholders who will lose their existing coverage at year-end and face finding replacement insurance that may cost them substantially more in many instances. Covered California, the state exchange, considered allowing renewals into 2014 as Obama proposed or a short-term extension through March to give people more time to shop. But state leaders ultimately rejected those options. They expressed concerns about further confusing consumers and worried that widespread renewals could keep too many healthy customers out of the broader risk pool that will shape future rates.
At the same time, the California Health Exchange released figures purporting to show great progress is signing up new enrollees, close to 3000 a day, but the numbers are dwarfed by the scope of policy cancellations. Via The Wall Street Journal:
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