Thursday, October 6, 2016

Are There Dual Tracks for Mishandling Classified Information?

Mike Pence on Mishandling Classified Information

 During the Vice Presidential Debate, Republican Vice Presidential nominee Governor Mike Pence (R-IN) impeached his opponent Democrat Vice Presidential nominee Senator Tim Kaine (D-VA) on how mishandling of classified information is administered.




Both of the VP nominees have sons on active duty serving in the Marines (as advertised by Sen. Kaine's lapel pin), so Pence's analogy of how the Pentagon would not suffer fools gladly should have hit home.  


However, as a good soldier to his boss Democrat Presidential nominee Hillary Clinton (D-NY), Kaine reiterated that FBI Director Comey claimed that no reasonable prosecutor would bring a case against Clinton. Of course, that begs the question whether a prosecutor should reinterpret 18 US Code Sec. 1924 to require intentionality or if a Law Enforcement Officer ought to informally adjudicate a case in the first place.


During her first Presidential Debate, Hillary Clinton  kept urging viewers to fact check what her opponent says.  It would only be just if inquiring minds would apply the same principle to Sen. Kaine's   unequivocal denial that the military would decline to court marshal someone under their jurisdiction who handled classified information in what FBI Director Comey characterized as an "extremely careless" way.

One suspects that it would be more fruitful to wait for Tim Kaine to let Mike Pence finish a sentence. Of course, people could save time fact checking and just ask General Petraeus. 



Monday, October 3, 2016

How to Reign In the Supreme Court

Sen. Ted Cruz Remedy to Judicial Activism and SCOTUS Ass. Justice Anthony Kennedy

The Supreme Court will start consideration of cases in its new term on the first Monday in October.  Many High Court observers expect that SCOTUS will have a diminished case-load during the 2016-2017 term as it awaits confirmation of  Associate Justice Antonin Scalia's replacement.

***

A more philosophical question is what should be the role of the Supreme Court.  Chelsea Clinton has mentioned on the hustings that openings the Supreme Court will allow her mother to fundamentally redefine the parameters of the Second Amendment.  

Most likely there would be no outright repeal of this fundamental freedom given by God, but it would take a narrow reading of the organic law and assert that this right is limited to organized militias. This would effectively make it a dead letter, like the Tenth Amendment.

So instead of being final arbiters of cases, the Supreme Court would act like a super-legislature, only they are unelected and there is virtually no way to upend their ukases

Senator Ted Cruz (R-TX) while campaigning for President proposed having retention elections for the judiciary, as they do in Iowa.  That sounds more appealing on the campaign trail then it would be applicable in the Federal City. However, it does voice the frustration of many Americans who feel cut out of the governing process.  California twice approved referendums defining marriage (which was primarily a state issue), yet in Obergefell, the Supreme Court overturned the will of voters under a Right of Dignity interpretation of the Fourteenth Amendment and then expanded this right of same-sex marriage to all 50 states.

Two longer shot prospects not considered by judicial watchers are the possibility that Republican Presidential nominee Donald Trump (R-NY) might win and actually live by his promise to nominate conservative judicial candidates.  

The other way to remedy judicial tyranny would be limitations on Article III power.  While Congress can theoretically reign in lower courts, it is unlikely to do so. This would leave such reformation to application of an Article V Convention of States.  While that emergency level has been in place for 227 years, it has never been successfully invoked yet. But as more and more power is taken away from states yet they are saddled with the brunt of implementing dictates from the District of Calamity (sic), this may become a more feasible possibility. 

Thursday, September 29, 2016

DOJ Handed Out Clinton Email Immunity Like Candy

Representative Jason Chaffets (R-UT 3rd), the Chairman of the House Oversight and Government Reform Committee, expressed exasperation at trying to bring justice to the Clinton Email case. The news that Hillary Clinton's 25 year aide-de-camp Cheryl Mills allowed access to her computers only if federal investigators gave her immunity.  Chaffets quipped that immunity was being handed out like candy. 

House Oversight Chair Jason Chaffets chary about number of FBI immunity grants on Clinton Email case


Bryan Pagliano, the IT "expert" who Hillary turned to in order to dispose of her unwanted State Department emails, was granted immunity but refused to testify before Congress despite being subpoenaed. Immunity deals were also proffered to Clinton aide Heather Samuelson and then State Department Information Resource Management Director John Bethel.

One nuance that came out during FBI Director Comey's testimony before the House Judiciary Committee was supposedly that the Department of Justice, not the FBI, gave proffers of immunity to Clinton email subjects.  But this came on the same day that Comey insisted that he should not be considered a weasel. 

Although it is little solace from those suffering from too many sweets, Uncle Sam ought to remember that too many candies rots the teeth, like the respect for the rule of law. 


Impeaching FBI Excuses of Non-Prosecution of Clinton Email Mess

Former U.S. Attorney Joe DiGenova  on the FBI and the Clinton Emails

Friday, September 23, 2016

Netanyahu: "UN has become a moral farce"

Israeli Prime Minister Benjamin Netanyahu calls United Nations a moral farce

When Israeli Prime Minister Benjamin Netanyahu spoke before the United Nations General Assembly, he neither minced words in mealy mouthed diplomatic-speak nor pandered in progressive platitudes.  




Netanyahu called out the numerous ironic admonishments from the United Nations.  Nevertheless, Netanyahu expressed optimism that the General Assembly will change because Israel is on the right side regarding Iran and ISIS and eventually this understanding will trickle down to Turtle Bay. 

Monday, September 19, 2016

Robert Heinlein on Armed Societies

Robert Heinlein on Armed Societies

A Somali Muslim stabbed eight people at the Crossroad Center Mall in  St. Cloud, Minnesota before being fatally shot three times by Jason Falconer, an off duty law enforcement officer.  The assailant shouted Allahu Akbar (Arabic for "God is Great") and asked one stabbing victims if they were Muslim before he was felled by the legal concealed carry permit holder. There were several mall cops on duty but they were unarmed.





Once again it seems that guns don't kill people as much as gun free zones kill innocent people. Thankfully, a trained concealed carry citizen could mitigate the madness at the mall.