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Posted by Andrew Branca on December 29, 2013 71 Comments
On December 18 a pre-trial hearing was held in the shooting case of Renisha McBride in Detroit. The purpose of the hearing was to determine whether the second degree murder charge against the defendant, Theodore Wafer, ought to be dismissed or whether there existed sufficient grounds to bind Wafer over for trial. The judge ruled the matter was to go to trial. Legal Insurrection previously posted on the Wafer/McBride case here: Analysis: Self-Defense Claim May be Legally Weak in Michigan Porch Shooting. As the title of the piece suggests, the evidence as then available seemed inadequate to support much of a claim of self-defense. In the course of the pre-trial hearing, however, the defense team called to the stand a crime scene reconstruction and firearms expert witness, David Balash. In the course of his testimony under defense questioning facts began to emerge that seem likely to form the structure of the team’s legal defense. Some of the forensic evidence remains in dispute, but for the purposes of this discussion I’ll make several likely presumptions. One of these is that Wafer was standing inside his home, looking through the closed (and perhaps locked) screen door, and McBride was on the other side of the door standing on the rather small front porch, so within two to three feet of the screen door. Finally, that the shotgun round that struck and killed McBride was fired through the screening of the door. When police arrived on the scene in response to Wafer’s 911 call, they found the screen, and its associated frame, had been knocked lose from the screen door proper, and noted the hole in the screen through which the fatal shot had likely been fired. Prior to taking crime scene photos, they replaced the screen in its proper position in the door, the position in which they assumed the screen was placed when pierced by the shot.

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Posted by William A. Jacobson on December 29, 2013 29 Comments
The NY Times published a lengthy account of the Benghazi attack that is being hyped as exonerating the Obama administration (and of course, presidential candidate Hillary Clinton), but in fact the report does nothing of the sort. The main thrust of the spin is that it was the video after all, a claim long since abandoned by almost everyone. There never was a doubt that the video inspired a generalize hostility, but that is a far cry from saying that the actual attackers who executed by contemporaneous internal administration accounts were motivated by the video. The reporting does not support that the video was what motivated the "several dozen" armed attackers, even if it created a general atmosphere of hostility. https://twitter.com/LegInsurrection/status/417120838060490754 https://twitter.com/LegInsurrection/status/417116566065389568 The NYT also plays a linguistic slight of hand, distinguishing between international al-Qaeda (NYT says no connection) and local al-Qaeda wannabees to try to prove that this was not an "al-Qaeda" attack. But local, independently operation al-Qaeda groups have been the motus operandi for years. That there was no phone call from Pakistan to the local group in Benghazi does not mean that this was not a planned Islamic extremist attack and instead some spontaneous reaction to a video:

Posted by William A. Jacobson on December 29, 2013 7 Comments
Several dozen universities have issued rejections of the academic boycott of Israel passed by the American Studies Association, many with forceful statements. Among the most forceful was Trinity College in Connecticut, whose President and Dean of Faculty issued a stinging rebuke in a letter to the ASA President (emphasis added):
To The Immediate Attention of the President of the American Studies Association: Our Dean of the Faculty, Thomas Mitzel, and I wish to go on record renouncing the boycott of Israel on the part of the ASA. Trinity once years back was an institutional member (we were then advertising for an open position), and apparently some members of our faculty are individual members. Were we still an institutional member, we would not be any longer after the misguided and unprincipled announcement of the boycott of the only democracy in the Middle East. The Dean and I oppose academic boycotts in general because they can so easily encroach upon academic freedom. In this strange case, why the ASA would propose an academic boycott of Israel and not, for example, of Syria, the Sudan, North Korea, China, Iran, Iraq, or Russia escapes rational thought. Trinity has participated in the Rescue Scholar program since its inception; we have welcomed scholars from some of the most repressive countries on the planet, and it is inconceivable to us that we would ever be welcoming a Rescue Scholar fleeing Israel for political reasons. As President of the ASA, you have tarnished a once distinguished association.

Posted by William A. Jacobson on December 29, 2013 13 Comments
So that the Palestinians would agree to talk.  That's the deal Israel had to agree to just to start the talks. Why agree to it? Because Bibi couldn't afford to piss off Obama any more than he already had, so he had to cave in on the precondition (which no one wants to call a precondition, just a good will gesture). From The Times of Israel, Israel publishes list of Palestinian inmates to be freed:
A panel of Israeli cabinet ministers on Saturday night approved a list of 26 Palestinian prisoners to be released on Monday in the third phase of a four-stage series of releases agreed on when peace talks with the Palestinians were resumed earlier in 2013. All of the prisoners on the list (Hebrew PDF), save three, were convicted of murdering Israeli civilians or soldiers, as well as Palestinians suspected of collaborating with Israel. In a press release Saturday night, the Prime Minister’s Office said all of the inmates had been convicted of offenses committed prior to the signing of the Oslo Accords in 1994....
Among the victims was a Hebrew University Professor:
•Muammar Ata Mahmoud Mahmoud and Salah Khalil Ahmad Ibrahim, convicted of murdering Menahem Stern, a history professor at Hebrew University. Stern, 64, a winner of the prestigious Israel Prize, was stabbed to death while walking to work at the university’s Givat Ram campus on June 22, 1989. A monument in his memory figures in a scene from the prize-winning Israeli film “Footnote.” Ibrahim was also convicted in the murder of Eli Amsalem. In addition, the two murdered a Palestinian suspected of collaborating with Israel, Hassin Zaid.
More on Professor Stern here. This image, according to Wikipedia, is of Professor Stern in 1988, the year before he was stabbed to death. [caption id="attachment_74564" align="alignnone" width="288"](Menahem Stern, 1988) (Menahem Stern, 1988)[/caption] There will be celebrations to welcome home these "heroes." As more information becomes available as to the victims, we will update this post. Update: Israel National News (via Carl in Jerusalem) has more details:

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Posted by William A. Jacobson on December 28, 2013 23 Comments
We have dealt the "white privilege" so many times here, I probably should start a "white privilege" tag. Michael Eric Dyson is a frequent commentator on MSNBC. He's a Professor of Sociology at Georgetown. He is quick to make accusations impunigning others with accusations of explicit or implicit racism: And he has the privilege of accusing other of "white privilege" when he wants to win an argument:

Posted by Leslie Eastman on December 28, 2013 2 Comments
As we head into the New Year, I thought this might be an appropriate time for an homage to two of my favorite things: the Tea Party and craft beer! Approaching the 5th anniversary of the start of the Tea Party movement, media types and establishment politicos are very upset that we are still alive and kicking! The U.S. Chamber of Commerce spending $50 Million to take on the Tea Party in 2014 Senate primaries.
"Our No. 1 focus is to make sure, when it comes to the Senate, that we have no loser candidates," Chamber strategist Scott Reed told the Journal. "That will be our mantra: No fools on our ticket." The financial support, which The Hill reported would pour at least $50 million into the campaigns of centrist GOP candidates, is part of an aggressive approach toward tea party Republicans since the 16-day October government shutdown.
One of my favorite Sunday morning activities is hearing the talking heads get excited about the impending Tea Party demise, complete with interviews with Washington's intelligentsia. The Atlantic article, Why the Tea Party Isn't Going Anywhere, is replete with many examples of our "extremism" and offers insight to the continued outrage at our existence.
...[A]t least three successive national election defeats will be necessary to even begin to break the determination and leverage of Tea Party adherents. Grassroots Tea Partiers see themselves in a last-ditch effort to save “their country,” and big-money ideologues are determined to undercut Democrats and sabotage active government. They are in this fight for the long haul. Neither set of actors will stand down easily or very soon.
Despite the authors' tainted view of our motives, these three principles are at core of most Tea Party activism: 1) Individual liberty 2) Fiscal responsibility 3) Limited government In fact, San Diego blogger Dean Riehm reminds everyone about the benefits of limited government and sensible deregulation with a brilliant piece on the craft beer industry.

Posted by Leslie Eastman on December 28, 2013 9 Comments
Christmas is a celebration of "peace on Earth, goodwill toward men", and Santa Claus is famed for spreading joy to children throughout the world. However, reports from Turkey and the Balkans show that the image of Saint Nick is taking a beating. Literally. From the Hurriyet Daily News, which covers Turkey and the region:
A Muslim youth group and a neighborhood authority led two separate anti-Santa campaigns on the eve of Christmas in Turkey. The Istanbul University branch of a group called Anatolia Youth Association (AGD) released an illustration of a Muslim youth punching Santa Claus in the face and announced that it would make a press statement against Christmas on Dec. 26 in Istanbul. The group announced the event with a statement titled “Muslim, return to yourself!” adding that “Christmas is a Christianity practice.” The group also criticized the celebration of New Year’s Day, saying that the two dates were “mixed” and “united.” It claimed that celebrating Christmas and New Year’s Day was “wrong” and constituted “a blow dealt to Muslimism.”
The Blaze reports the image has spread to the Balkans:

Posted by William A. Jacobson on December 28, 2013 3 Comments

Some end of year lists: YAF Lists The Top 10 Politically Correct Offenses on Campus in 2013 Greg Lukianoff Lists the 10 Worst Colleges for Free Speech in 2013 13 Outrageously Dumb Campus Moments of 2013 In a college world of Kangaroo courts and a War on Men, this...

Posted by Leslie Eastman on December 28, 2013 13 Comments
Obamacare is ending the year on a very low note. Two states, both deep blue in their politics, are unhappy with the quality of the websites designed for the healthcare insurance exchanges.  Shockingly, they have opted to take a very free market approach to the problem.
Massachusetts -- whose government was one of the staunchest supporters of ObamaCare, and whose health plan arguably was the model for the law -- is refusing to pay any more until a working website is delivered. A spokesman for the Massachusetts exchange told FoxNews.com that CGI's system is "far from where it needs to be" and the state will apply "nonstop pressure" to fix the problems. ...Vermont, too, is withholding $5.1 million to CGI over its failure to meet deadlines, according to a report in the Boston Globe. CGI, though, claims that neither state is fully cutting off its funding.

Posted by William A. Jacobson on December 27, 2013 5 Comments
I have been accumulating the list of universities rejecting the anti-Israel academic boycott passed by the American Studies Association and two smaller groups. Many of the statements issued are eloquent and forceful, but this one from Goucher College in Towson, Maryland stands out for its clarity in pointing out the pernicious absurdity of the boycott. Goucher is not an Institutional Member of the ASA. Some of the language is reminiscent of Daniel Patrick Moynihan's denunciation of the notorious "Zionism is Racism" U.N. Resolution. I have to think the similarity of language was intentional. Here is Moynihan's famous line:
The United States rises to declare before the General Assembly of the United Nations, and before the world, that it does not acknowledge, it will not abide by, it will never acquiesce in this infamous act.... There will be time enough to contemplate the harm this act will have done the United Nations.
You be the judge as to whether Goucher was channeling Moyhihan.  The Goucher statement was circulated in an all campus email that was forwarded to me (emphasis added):
December 27, 2013 Dear Members of the Goucher Community: We are writing to express our strong concern about, and outright disapproval of, the recent vote by the American Studies Association to boycott Israeli academic institutions, apparently as a result of some of its members’ disapproval of certain policies of the Israeli government. Goucher College, as we try to make clear by our words and actions daily, stands for open discussion, research, and inquiry about all issues, international or domestic, in every intellectual and political domain. The free exchange of ideas and opinions is essential to liberal arts education and to our very existence as an academic community. We would, of course, be outraged if any such boycott were launched against all American colleges and universities by any association of alleged scholars anywhere in the world, out of disagreement with a US military engagement or other element of American foreign or domestic policy.

Posted by William A. Jacobson on December 27, 2013 84 Comments
https://twitter.com/ABCWorldNews/status/416694087312359426 https://twitter.com/edhenryTV/status/416694486714966016 Via Hollywood Reporter, A&E Welcomes Phil Robertson Back to 'Duck Dynasty':
An A&E statement to The Hollywood Reporter read: As a global media content company, A+E Networks’ core values are centered around creativity, inclusion and mutual respect. We believe it is a privilege for our brands to be invited into people’s home and we operate with a strong sense of integrity and deep commitment to these principals. That is why we reacted so quickly and strongly to a recent interview with Phil Robertson. While Phil’s comments made in the interview reflect his personal views based on his own beliefs, and his own personal journey, he and his family have publicly stated they regret the “coarse language” he used and the mis-interpretation of his core beliefs based only on the article. He also made it clear he would “never incite or encourage hate.” We at A+E Networks expressed our disappointment with his statements in the article, and reiterate that they are not views we hold.

Posted by William A. Jacobson on December 27, 2013 3 Comments
It was "just" a Mayor's race, but it's a tale of how unions funnel money to decide elections, often behind the scenes. The Boston Globe has the scoop, American Federation of revealed as funder behind mysterious pro-Walsh PAC during mayoral campaign (h/t @dbernstein):
Organizers of One Boston, the mysterious political action committee that dumped $480,000 into the Boston mayoral campaign during its final days, confirmed to the Globe today that the American Federation of Teachers funded the group’s efforts to swing the race in favor of Mayor-elect Martin J. Walsh. In a complicated series of transactions, the AFT — a powerful national teachers union — gave the money to One New Jersey, a teachers union-backed political action committee. That group then donated those funds to One Boston, a local affiliate set up to spend money in the Boston mayoral race.

Posted by William A. Jacobson on December 27, 2013 11 Comments

We reported last week on how Judge Leon in the District of Columbia ruled against the government, preliminarily, on NSA mass data surveillance. I cautioned against the media assumption that the ruling would survive: The judge issued a preliminary injunction, but stayed his decision pending appeal....

Posted by William A. Jacobson on December 27, 2013 10 Comments

The President of Trinity College in Connecticut is one of over 50 University Presidents who have issued a very strong statement rejecting the academic boycott of Israel. The Trinity statement consisted of a letter to the President of the American Studies Association, and reads (emphasis added): To The Immediate Attention...

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