Le·gal In·sur·rec·tion

Reacting to amnesty

Posted by New Neo on July 30, 2014 27 Comments

Congress been mulling over some sort of amnesty plan for illegal immigrants for a very long time, whether it's been called "amnesty" or whether euphemisms are used to substitute for the word. But there's a reason Congress hasn't done much about it, and that's because the American people don't want it and Congress is at least somewhat responsive to the people, despite the fact that many politicians and those who give them money are more interested in amnesty than the general public is. Past presidents have understand that, too, and have also understood that it's Congress that needs to deal with this for the most part. Until now. Now we have a president who has the novel idea of completely ignoring the public during his lame duck years. Most presidents are hampered in their power during lame duck time, and they don't want to do anything to hurt their party's standing with the public and therefore their party's election chances. Obama, again, has the novel idea to ignore the public and hurt his party in the short run for enormous gains in the longer run: a demographic that will be reliably Democratic and will insure the party's hegemony (not to mention his "legacy" as a transformative president) . At least, that's the calculation. All the Democratic impeachment chatter ("watch out, the evil Republicans are planning to impeach me, aren't they mean and aren't they silly?") is both an attempt to head outrage off at the pass and to pre-characterize it as inappropriate and hateful, and a simultaneous tacit acknowledgement of the tyrannical nature of what Obama is contemplating. I'm with Patterico on this:

Democrat Scott Peters plays the “Tea Party card” on opponent (#CA52)

Posted by Leslie Eastman on July 30, 2014 4 Comments

The Morning Insurrection newsletter reminded me that today would be a great day to take a look at the state of the congressional race in my district (CA-52), which is pitting Democratic incumbent Scott Peters against a former city council-member and veteran GOP campaigner Carl DeMaio. We have covered this race before: #CA52: Flip opportunity against 1st term Dem in evenly split district As of today, the district remains a very distinct "flip opportunity" for Republicans to gain a seat in the House. According to Roll Call, Peters holds an exceedingly slight lead over DeMaio.

Peters leads DeMaio, 48 percent to 43 percent — slightly outside the survey’s 4.9 point margin of error. The poll was conducted by GBA Strategies and surveyed 400 likely voters via live telephone between July 20-22. This race in California’s 52nd District, located in and around San Diego, is a top Republican target in November. The National Republican Congressional Committee has touted DeMaio as a top recruit in the district that President Barack Obama won with 52 percent last cycle.

DeMaio must be upsetting all the right (wrong?) people, as his campaign offices were just vandalized: That the Peters campaign is now attempting to gin-up his base with "Tea Party" charges against DeMaio is good evidence that his real poll position is less than stable. Here an example of the tactic from Peters' campaign website:

Detroit Front Porch Shooting Case: Day 5 Mid-Day Wrap-Up

Posted by Andrew Branca on July 30, 2014 23 Comments

We're back for day 5 of the second degree murder trial of Theodore Wafer in the shooting death of Renisha McBride on his front porch in the early morning hours of November 2, 2013. As has been the case since mid-day of day 1, Judge Hathaway still refuses the trial to be live-streamed.

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Illegal and unafraid in D.C.

Posted by Amy Miller on July 29, 2014 6 Comments

Illegal immigrant activists in America would like you to know that they're not terribly concerned about being arrested and deported. In fact, they're so unconcerned that they decided to stand in front of the White House this Monday and demand that the Administration offer a reprieve for parents who have illegally entered the U.S. with their children. This isn't the first protest of its kind, and it certainly won't be the last. The Obama Administration has defined its participation in immigration enforcement by the deliberate dismantling of existing enforcement mechanisms via Executive Order. Starting in 2009, President Obama began bypassing Congress to create the environment that makes today's protests possible. Via Fox News:

An Immigration and Customs Enforcement official indicated that even if the protesters end up getting arrested by D.C. police, they’d have to be serious criminals for ICE to get involved. “Unless the individuals meet ICE’s enforcement priorities, it’s unlikely that the agency would get involved in the case,” the official told FoxNews.com. Under a policy that’s been in effect for several years, ICE focuses deportation mostly on serious criminals and – in some cases -- those caught in the act of crossing the border. The agency prioritizes deportation for felons, repeat offenders, gang members and others with a serious criminal record. But the agency largely gives a pass to other undocumented residents.

The problem with this philosophy of non-enforcement is that it breeds optimism in the thousands of people who illegally cross our border. James Carafano at the Heritage Foundation recently articulated what Republican legislators, foreign leaders, and even residents of border states have been saying for months: our illegal immigration problem is Barack Obama's problem:

http://www.clickorlando.com/news/george-zimmerman-patrolling-central-florida-shop-after-gun-theft/27202982

George Zimmerman back on patrol, sort of

Posted by William A. Jacobson on July 29, 2014 18 Comments

Controversy is sure to follow George Zimmerman, even though he has not been convicted of anything and the evidence suggesting he acted in justifiable self-defense in the shooting and killing Trayvon Martin was overwhelming. He also beat multiple accusations of assault brought by his ex-wife and ex-girlfriend when the evidence did not support the accusations. George apparently is hanging out at a gun shop keeping an eye on things, and that's big news, although it's not clear whether he is on "patrol" as some of the headlines suggest.

News6 Orlando headlines the story as George Zimmerman 'patrolling' Central Florida shop after gun theft: Although he's not a hired security officer, George Zimmerman has been "patrolling" outside a Volusia County gun shop after it was recently robbed, according to the store owner. Pat Johnson told Local 6 that Zimmerman is not an employee of his DeLand store Pompano Pat's, which sells firearms, ammunition and motorcycles. Johnson said that Zimmerman, on his own accord, has been spotted outside the store since the robbery earlier this month. The thieves stole rifles worth up to $5,000 and two mini-bikes, according to Johnson. Johnson added that although he knows Zimmerman, he has not hired him as a security officer.

News13 has a less negative spin on it, George Zimmerman now working security for DeLand motorcycle, gun shop:

Detroit Front Porch Shooting case: Day 4 Mid-Day Wrap-Up

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.

One People built tunnels, the other a nation

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.

The Morning Insurrection after

Posted by William A. Jacobson on July 29, 2014 5 Comments

How do you feel about yourself today?...

(UPDATE: Stay Granted) D.C. Seeks Stay of Federal Court Order Allowing Handgun Carry

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.”

Report: Malaysia Airlines Flight 17 Black Boxes Show Missile Strike

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: