Image 01 Image 03

Le·gal In·sur·rec·tion

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

Republican split! Rift! Schism! The media is already salivating, Immigration Poses Threat of Another Republican Rift:
A push to bring immigration legislation to the House floor, led by an unusual coalition of business executives, prominent conservatives and evangelical leaders, threatens to create another schism in the Republican Party and could have a noticeable effect on campaign contributions before the midterm elections. Several Republican executives and donors who are part of a lobbying blitz coming to Capitol Hill next week said they were considering withholding, or had already decided to withhold, future financial support to Republican lawmakers they believe are obstructing progress on immigration. “I respect people’s views and concerns about the fact that we have a situation in the United States where we have millions of undocumented immigrants,” said Justin Sayfie, a lawyer from Florida who said he helped Mitt Romney raise more than $100,000 for his presidential campaign last year, in addition to helping other Republican candidates. “But we have what we have. This is October 2013. And the country will be better off if we fix it.”
In reality, the split, rift and schism is mostly over one issue: Amnesty. Democrats repeatedly have said no amnesty, no immigration "reform." It's their hill to die on, much as no meaningful changes to Obamacare was their hill to die on when it came to the "shutdown" and debt ceiling. Republican business interests and money men are willing to give amnesty in order to obtain other non-controversial immigration reforms. And in so doing, the Republican business interests and money men make it less likely they will get anything.

LATEST NEWS

He did not act stupidly, this time: Black Harvard Prof Says it’s Time to End Race-Based Affirmative Action Post Title of the Week Award goes to Aleister: OOPS! College TA Emails T and A Pics to Class Brought to you by the good folks at healthcare.gov: Brown’s $400,000 NIH Study:...

From Bill in Walnut Creek, CA: Wonderful Bumper Sticker Juxtaposit​ion NRA on a Prius in Walnut Creek, CA!! I'm definitely starting to think Priuses are getting a bum rap. We're seeing a lot of good bumper stickers on them....

The Polk County Sheriff's Office on Friday released private Facebook chats of two middle school girls, aged 12 and 14, who were recently charged with aggravated stalking in connection with the bullying case of Rebecca Sedwick. Sedwick, 12, who was allegedly bullied by the two for months, took her own life in September. video platformvideo managementvideo solutionsvideo player The Facebook chats reveal the reactions of the two girls after learning about Sedwick's death.  In one chat with an unidentified friend, the 14 year old defendant says, "it was best for everyone that she went to hell , no one [will] ever know the truth."
14 year old defendant: Cant believe Rebecca is dead , I thought they wouldn't find the body Friend: What r u talking about u thought they never find the body? Ik she died but what u mean by that Defendant: They found her body , I thought they weren't they "think" its sewcide hope it stays that way. Friend: Y u talking like that? What's wrong with u Defendant: No reason it was best for everyone that she went to hell , no one with ever know the truth
In a separate chat with the 12 year old defendant, the 14 year old initially seemed remorseful. (Excerpt)

Ever since Legal Insurrection broke the story that NY-23 Democratic challenger Martha Robertson sent a fundraising email claiming that “GOP Ops” had been “caught” trying to take down her website, Robertson has been on the defensive. The Robertson campaign has not provided any proof that GOP operatives attempted to hack her website and has backed off that claim.  The website never was down, and the “hacking” claim may have been nothing more than routine server problems.  A local Republican leader asked for an investigation by the FBI and U.S. Attorney's office as to whether the Robertson campaign violated any laws. Now even Roll Call is raising the issue, Democrat Will Hire Cybersecurity Firm for Alleged Website Hack:
Tompkins County Council Chairwoman Martha Robertson, a Democrat challenging GOP Rep. Tom Reed in New York’s 23rd District, called the recent brouhaha over an alleged hacking of her campaign website “a distraction” from the race in an interview with CQ Roll Call earlier this month. Republicans have been pressuring Robertson to provide proof that GOP operatives attempted to hack her campaign website. Robertson made that claim in a Sept. 30 fundraising email. “We’re working to hire a cyber-security firm to take a serious look at that and investigate everything that happened. Beyond that it’s really better to leave it up to them,” Robertson said. “At the end of the day I think … it’s beyond a distraction. [Voters] are concerned about their pocketbook issues — whether or not their Social Security and Medicare payments are going to be there as they depend on them.” New York’s 23rd District is rated a Lean Republican contest by Rothenberg Political Report/Roll Call.
Robertson's statement that the campaign is hiring a cybersecurity firm to investigate is an implicit admission that she still does not have any proof to back up her fundraising claim that GOP operatives were caught trying to take down her website.

A few more updates today on the ongoing healthcare.gov website issues and what's apparently being done to address them. The most important of those being that the administration says the site will be in proper working order in a month, and that QSSI - which has been one of the contractors on the current website project - will serve as a general contractor in overseeing this cleanup phase. From USA Today:
The troubled HealthCare.gov website will be running properly by late November, said Jeffrey Zients, President Obama's appointee to fix the problems that have plagued the site since its Oct. 1 opening. "By the end of November, HealthCare.gov will work smoothly for the vast majority of users," Zients said Friday. "The HealthCare.gov site is fixable. It will take a lot of work, and there are a lot of problems that need to be addressed." Zients, former acting director of the Office of Management and Budget, was called in Monday to help with the site until it is fixed. He helped with other website glitches during Obama's first term. QSSI, a division of UnitedHealth Group, will serve as a general contractor to oversee the effort, he said. Their existing contract for the site has been renegotiated.
Philip Klein over at Washington Examiner was on a conference call this afternoon with Centers for Medicare and Medicaid Services and Jeff Zients, and offers a few additional pieces of information. (This is only an excerpt of several he mentions):

CBS News reports, Did White House Obamacare guidance stop ahead of 2012 election?: CBS News has been digging into the cause of the delays in preparing the website for the government's health insurance market and has learned was a major interruption in the months before President Obama's re-election. At the height of the 2012 presidential election campaign, it was crunch time for the Obama administration to release key instructions so contractors could work toward the October 2013 deadline. But a Health and Human Services official who was closely involved tells CBS News that in late summer, the administration stopped issuing proposed rules for the Affordable Health Care Act until after the election. The result was what many viewed as a serious delay as contractors, states and insurance companies awaited crucial guidance to move forward. CBS further reports on the cancellation of health care plans people liked:

Republicans repeatedly have made proposals to protect the public from the Obamacare disaster. Not just the substance of the law, but also the timing of the individual mandate. Way back when (i.e, about two weeks ago), Democrats called such proposals extortion, terrorism, suicide-bombing and legislative arson. Now an increasing number of Democrats, particularly those up for re-election in 2014, are calling for similar delays. https://twitter.com/allahpundit/status/393742009246035970 Perhaps Republicans should take a "what goes around, comes around" attitude, and do nothing to help Democrats out of the bind they are now in. Democrats own Obamacare's failure completely. That's the primary outcome of the government scale-back, which now is over. Democrats were willing to shut a portion of the government to prevent any meaningful changes, and were willing to (erroneously) threaten a debt default rather than agree to the types of changes many Democrats now are proposing. So we should now help Democrats out of the healthcare.gov debacle? We should now, having been demonized, help the Democrats who demonized us? Erick Erickson says screw them (my characterization), Follow the Law:
No conservative wants things to get worse. We just know things will get worse. Obamacare will be deeply destructive. People are already seeing it. The only way Obamacare would ever work is if people behaved irrationally. It is a system that requires the young to go out and by their own insurance, but allows them to stay on their parents’ insurance until they are well into their twenties. The law operates only if people do not behave like people.

From Thomas in Portland, Oregon: I saw this combination of bumper stickers and just thought it was terribly ironic. Obama 2012 and "Don't believe everything you think." How does this statement apply to the Obamacare website roll-out, to being able to keep your current plan, or to bringing...

(Photo: The Guardian) The US has begun the awkward process of notifying intelligence services in some countries that documents obtained by former NSA contractor Edward Snowden contained information about their cooperation with the US. From the Washington Post:
U.S. officials are alerting some foreign intelligence services that documents detailing their secret cooperation with the United States have been obtained by former National Security Agency contractor Edward Snowden, according to government officials. Snowden, U.S. officials said, took tens of thousands of documents containing sensitive material about collection programs against adversaries such as Iran, Russia and China, operations that in some cases involve countries not publicly allied with the United States. The process of informing officials in capital after capital about the risk of disclosure they face has been painful and delicate. In some cases, one part of the cooperating government may know about the collaboration while others — such as the foreign ministry — may not, the officials said. The documents, if disclosed, could compromise operations, officials said.
The duty of informing these other intelligence services, according to the Post, has fallen to the the Office of the Director of National Intelligence. This news comes as the administration is on the defensive about allegations that the NSA monitored the cell phone of German chancellor Angela Merkel.  President Obama spoke with Merkel on Wednesday, where he "assured the chancellor that the United States is not monitoring and will not monitor the communications of the chancellor," according to Politico.

(Photo: Saint Joseph Abbey website) As we near the end of October, I thought this seemed like an appropriate free market success story to share: Monks in Louisiana win right to sell handcrafted caskets
When the state Board of Embalmers and Funeral Directors told the Benedictine monks of St. Joseph Abbey in southern Louisiana they could not sell their handcrafted caskets to the public, the normally peaceful order took the fight to court. Hurricane Katrina had wiped out the order's traditional income from selling timber, so the brothers decided to market the simple cypress boxes they had long built to bury monks who died. They were priced at $1,500 or $2,000, far less than a funeral home would charge. But the state board, composed mostly of embalmers and funeral home directors, ordered the monks to stop. Their five-year legal battle ended quietly at the Supreme Court last week with a defeat for state-enforced "economic protectionism" and a victory for small entrepreneurs. It is part of a growing trend of successful "economic liberty" cases championed by the Institute for Justice, a libertarian legal group based in Arlington, Va.
The costs of a typical funeral have risen from about $700 in 1960 to over $7000 today.  It looks like as technologies have been developed or improved in this country, both life and death have gotten more expensive: Legal Insurrection #03

Mandy noted the other day, WH spox denies Sen. Durbin claim House GOPer told Obama “I cannot even stand to look at you”. It gets more interesting. It turns out that Dick Durbin wasn't "lying" if by lying you mean saying something he knew to be untrue.  It was curious why Durbin would not name names.  Now we know.  He would have had to name Harry Reid as his source. The White House gave the line to Harry Reid, who read it to the Democratic Senate caucus, one of whose members -- Durbin -- went public with it.  The story still was false, and the White House is claiming a "miscommunication." I'm not buying that.  The supposed statement took place on October 10, as Democrats were standing united against cutting a meaningful deal with Republicans. I'm leaning toward the "miscommunication" not being so, but part of a White House strategy to hold the party together at a critical time. Huffington Post reported (h/t Hot Air), Harry Reid Told Caucus That Pete Sessions Was Behind Obama Insult, Senators Say:
Senate Majority Leader Harry Reid (D-Nev.) told his Democratic caucus last week in a private meeting that a top House Republican said to President Barack Obama, "I cannot even stand to look at you," according to two Democratic senators who were present. The account was confirmed by two Senate Democratic aides who said they independently learned of the exchange from other senators. A White House official said Thursday that the administration did relay such a message to Reid, but that it was the result of a miscommunication. “While the quote attributed to a Republican lawmaker in the House GOP meeting with the President is not accurate, there was a miscommunication when the White House read out that meeting to Senate Democrats, and we regret the misunderstanding," the official said in a statement.
Politico further reports:

We have highlighted here many times the almost insane "zero tolerance" policies at school wherein students are disciplined, suspended and expelled for biting a Pop Tart into the shape of a gun, bringing Quarter coin-sized gun keychain charms to school, and even pointing a pencil and saying "bang." And then there is this, a full-sized "toy" AK-47 which got a 13-year old shot by police, Authorities investigate fatal deputy-involving shooting of 13-year-old Santa Rosa boy:
Sonoma County sheriff's deputies shot and killed a 13-year-old boy Tuesday afternoon during an encounter in a southwest Santa Rosa neighborhood. The boy's father, Rodrigo Lopez, identified the teen as Andy Lopez and said he had been carrying a toy gun that belonged to a friend. Santa Rosa and Petaluma police detectives are investigating the shooting. Interviews were conducted throughout Tuesday night, Santa Rosa Lt. Paul Henry said Wednesday morning.... It was unclear Tuesday whether the rifle, which sheriff's officials characterized as a replica, was capable of firing BBs or other projectiles.

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...

Yesterday's New York Times featured an article Obama’s Uncertain Path Amid Syria Bloodshed that is probably one of the most devastating indictments of the President's Syria policy published. I don't think that the reporters set out to critique the President and the tone of the article was always respectful. https://twitter.com/michaeldweiss/status/393101410037821440 Still there are two description that really stuck out. The first was a general critique.
As one former senior White House official put it, “We spent so much damn time navel gazing, and that’s the tragedy of it.”
Over the past two years the article describes the various rationales the administration had for not intervening and that sentence turns out to be a very apt theme for the way the administration acted, or, more precisely, chose not to act. Then there was this:
Even as the debate about arming the rebels took on a new urgency, Mr. Obama rarely voiced strong opinions during senior staff meetings. But current and former officials said his body language was telling: he often appeared impatient or disengaged while listening to the debate, sometimes scrolling through messages on his BlackBerry or slouching and chewing gum.
One would have assumed that a Syria policy was one of the two most important foreign policy issues facing the President. (The other is the question of Iran's nuclear policy.) Being "disengaged" during such momentous discussions is worse than being engaged but making bad decisions. https://twitter.com/tobyharnden/status/393025446348349441