Nunes and Schiff Deserve Each Other – Are There any Grown-Ups in the House?

House Intelligence Chairman Devin Nunes was irresponsible and wrong. Ranking House Intelligence Committee Democrat Adam Schiff was irresponsible and wrong.  The House Intelligence Committee investigation into possible Russian interference in the presidential election has become a farce. Loyalty to the Committee has been discarded.  Dedication to truth-finding has been jettisoned.  Congressmen Nunes and Schiff deserve each other. Will the grown-ups ever enter the room?

Nunes’ Duty – Kiss It Goodbye

Nunes and Schiff
Intelligence Committee Chairman Devin Nunes

No investigation can succeed where “partial disclosures” are made while the investigation is ongoing.  Congressman Schiff is correct. Chairman Nunes owed an absolute duty of loyalty to his committee’s investigation and to preserving the sanctity of that investigation. He was foolish in foregoing the advice of his fellow Republican committee members who urged him to consult with Democrats before going public. An exercise of terrible judgment.

Shame on Nunes for running to his party leader, while ignoring his committee mates, with “breaking news” of conversations legally obtained possibly involving the President and/or his certain of his associates.  We thought Nunes worked for the American people, not CNN or Fox News. No, Congressman Nunes, you did not “have a duty” to tell the President that intelligence reports with his name in them exist.  You have an investigation to conduct.  And you are its leader.

Even if the Congressman had discovered that President Obama had ordered a wiretap of President Trump, Nunes had an absolute obligation to share that information with his committee members, including the ranking Democrat, before he scrambled off to meet with the President. Surely the matter of paramount importance in that instance is the potential criminal conduct of Mr. Obama.  Mr. Trump’s need-to-know of transgressions is clearly secondary.  Mr. Nunes, it appears, has no sense of priorities or propriety.

Schiff’s Duty – Kiss It Goodbye, Too

Nunes and Schiff
Congressman Adam Schiff

Enter Congressman Schiff.  He is equally guilty of violating the sanctity of an on-going intelligence investigation.  Mr. Schiff succumbed to political theater and became an active participant.  He acted with impropriety and irresponsibly.  Mr. Schiff apparently concluded that because the Republican Committee chair acted foolishly and recklessly, he must do the same.  Nunes and Schiff, it turns out, wear the same jacket.

So Congressman Schiff immediately held his own press conference.  Oh sure, he chided Nunes for his lack of professionalism:

The Chairman will need to decide whether he is the chairman of an independent investigation into conduct  . . . or he is going to act as a surrogate of the White House, because he cannot do both. Unfortunately I think the actions of today throw great doubt in the ability of both the Chairman and the Committee to conduct the investigation the way it ought to be conducted.

Well said, Congressman.  But talk is cheap, and we suppose none of those fine words apply to you.  Having thrown down the gauntlet to his compadre Mr. Nunes, Mr. Schiff raced over to Meet the Press to disclose this:

I don’t think it was deliberate on [former Director of National Intelligence James Clapper’s] part, but all I can tell you is reviewing the evidence that I have, I don’t think you can conclude that [there was no evidence of collusion between the Trump team and Russia] at all, far from it.

When asked whether there was circumstantial evidence suggesting collusion, Mr. Schiff said:

Actually, no . . . I can tell you that the case is more than that. And I can’t go into the particulars, but there is more than circumstantial evidence now . . . I will say that there is evidence that is not circumstantial, and is very much worthy of investigation.

Yes, Mr. Schiff, we agree.  It is fine for you to make disclosures.  It’s admirable for you to play the political game.  Please tell us, again and again when you can score a few points, your opinion regarding the quality of evidence received during an on-going investigation.  Take it upon yourself, as well, to speak for the Committee without consulting them.  Who needs an internal Committee debate or a report when you can just fill us in as you see fit.  You are free to disclose that there is evidence that is more than “circumstantial.”  Perhaps you’ll let us know the source of that evidence. Or, even, if it turns out to be unreliable – we assume you’ll put on those track shoes and race over to Meet the Press then, too, right?

Nunes and Schiff – A Perfect Match

Yup, Mr. Schiff, we agree.  We think your actions also “throw great doubt in the ability of . . . the Committee to conduct the investigation the way it ought to be conducted.”  Bet you didn’t confer with your Republican committee mates before you made those comments to Meet the Press.

You are right about Chairman Nunes.  But a good sauce for the goose is a good sauce for the gander, too.

Congressmen Nunes and Schiff – shame on you both for your conduct.  You deserve each other.

Florida Prosecutor Seizes Legislative Powers – Unilateral Decision to Destroy the Rule of Law

The Florida Constitution provides that “[t]he legislative power of the state shall be vested in a legislature of the State of Florida.”  So, does a Florida state attorney have the power to change that law?  Florida prosecutor Aramis Ayala apparently thinks so.  She decided that she will never seek the death penalty in any capital murder case in Osceoloa and Orange counties, where she serves.

This is not a debate about the death penalty.  We assume Ms. Ayala has sincere reasons why the death penalty should never be imposed.  She may find the death penalty repugnant for a variety of sound reasons.  And she is certainly entitled to a forum to express her beliefs and to debate them.

Florida Prosecutor
Aramis Ayala

Ms. Ayala holds only a public prosecutorial office in Florida.  She serves in the executive branch of government.  She has specific duties and responsibilities as a consequence of her office.  Ms. Ayala has taken an oath as a Florida prosecutor.

But the question is simply this: does the state attorney in Osceola and Orange counties have the right or power to substitute her honest beliefs for those of the Florida legislature?  Can she unilaterally change the law? Or is lawmaking the sole province of the Florida legislature?   Florida Governor Scott removed her from the case we describe below.  And rightly so.

The Allegations in the Murder of Police Lieutenant Debra Clayton

In December, 2016 Markeith Loyd allegedly murdered Sade Dixon, his pregnant girlfriend, in front of her family members. On January 9, 2017, Orlando Police Lieutenant Debra Clayton stopped at a Wal-Mart to buy a few items while on duty.  On her way back to her patrol car another shopper approached her and told her that she had seen person matching Loyd’s description at a check-out counter.  Lieutenant Clayton called in the sighting and identified that person as Loyd.  While Clayton was on the radio with the dispatcher, three gunshots rang out.  The call then went dead.

Florida prosecutor
Lt. Clayton

A surveillance camera captured the entire scene.  Lieutenant Clayton approached Loyd outside the Wal-Mart.  Clayton pulled out her weapon. Loyd ran and she chased.  Loyd, wearing a bulletproof vest, circled around her while pulling a handgun from his waistband.  He took cover behind a concrete pillar.  Clayton drew her gun and headed toward the parking lot. But she was unable to reach cover before Loyd fired three shots.  One shot hit her in the hip and she fell to the ground.  She rolled onto her back. Loyd, instead of leaving the scene, then moved to Clayton, stood over her and fired five more shots as Clayton returned fire.  One of Loyd’s shots fatally struck Clayton in the neck.

A second police officer followed Loyd as he fled.  The officer tracked Loyd to an apartment complex.  There, Loyd fired at the second officer, striking his vehicle but missing the officer.  Loyd escaped, and was captured days later.

As described by Orlando Police Chief John Mina, “I have seen the video of Markeith Loyd executing Lt. Debra Clayton while she lay defenseless on the ground.  She was given no chance to live.”

The Florida Criminal Statutes

In Florida, an individual who resists a police officer by killing the officer is guilty of murder.1 A person convicted of such a capital felony “shall be punished by death. . .”2

These statutes are straightforward.  They are unambiguous.  The video in Lt. Clayton’s murder (which we have not seen) apparently depicts the brutal, execution-style murder of a police officer.  Loyd fled, took cover and fired at Clayton.  After wounding her, he approached her while she lay on the ground, firing at he five more times until killing her.  It is not a stretch to suggest that these facts support a request to a jury for imposition of the death penalty.

Prosecutorial Discretion or Abrogation of Duty? A Florida Prosecutor Run Amok

Ms. Ayala decided that she would not pursue the death penalty in the murder of Lieutenant Clayton.  Whether we agree with that decision or not within the confines of the case, that’s certainly within her prosecutorial discretion.

But Ms. Ayala went well beyond the specific facts of the case of Markeith Loyd.  The Florida prosecutor also announced that she would not pursue the death penalty in any other case.  “I have determined that [using my prosecutorial discretion in death penalty cases] . . . is not in the best interests of this community or the best interest of justice.”  As a consequence, she indicated that she intended to file a notice to withdraw the intent to seek the death penalty in all other cases within her jurisdiction that have not yet gone to trial.

Ms. Ayala believes that capital punishment is a failed policy.  She believes application of the death penalty is inconsistent.  She concluded that the protracted length of the appeals process deprives the victim’s families of closure.  “It’s become clear that pursuing death-penalty cases is not the best interest of victims’ families or justice.”

Ms. Ayala’s policy conclusion is that “Florida’s death penalty has been the cause of considerable legal chaos, uncertainty and turmoil.”  And it is true that aspects of Florida’s death penalty law, and its application, have created legal issues, even to the point of involving the U.S. Supreme Court. However, any changes to the Florida law are the sole prerogative of the legislature, subject to review by the courts.

A Florida Prosecutor Making Policy Decisions – Invading the Province of the Legislature

We listened to Ms. Ayala’s entire oral explanation behind her decision. You can hear it here.  She has made wholesale policy judgments.  She has determined, after thorough reflection, to eliminate the Florida death penalty law in her counties of jurisdiction.

The fact that Ms. Ayala made a detailed policy analysis to reach her conclusion of widespread application makes clear that she is not entitled to make a detailed policy analysis in the first instance.  Policy decisions are the sole responsibility of the representatives of the people of the State of Florida.   The Florida Constitution granted that power to Florida’s legislature.  Not to lawyers employed merely to enforce Florida’s laws.  Indeed,

the primary role of the State Attorney is to represent the State of Florida in the criminal court system.  The State Attorney reviews criminal investigations conducted by law enforcement, decides if criminal charges are necessary and then presents the cases in criminal court.

Florida’s laws are detailed and specific regarding the powers of a state attorney.3 The legislature did not grant any policy-making powers to a state attorney.

Under Florida law the power to create a death penalty law resides with the legislature.  And the power to remove that law rests with the legislature.

Ms. Ayala had a simple choice as a Florida prosecutor.  Enforce the laws of the State of Florida.  If her conscience prevents it, then resign.  But she chose to arrogate powers that belong to the people’s representatives.  Florida’s governor was right to remove her from the Loyd case.  If she fails to pursue the death penalty in other appropriate cases, she should be replaced.

Confirm Gorsuch? Shame on the Senate For A Broken Confirmation Process

The Supreme Court confirmation process is hopelessly politicized. Should we confirm Gorsuch?  Democrats and Republicans have jointly destroyed legitimate consideration of any nominee.  They ignore what once were the traditional criteria for confirmation. Labeling and mischaracterization rule the day. A nominee from a President of one party is anathema to the other party.  The opposition party, in turn, battles to the death to defeat the nominee. And they portray the nominee, whoever he might be, as a villain. He is either an enemy of the people or an enemy of free markets. A person who won’t side with “the little guy”, or one who eviscerates the Second Amendment.

The founders intended a Senate as a deliberative body.  Their Senate would attract thoughtful, educated people not easily swayed by the less well-informed electorate or the temporary issue of the day.  It would be positioned to dispassionately reflect, insulated from emotion.  The Senate would advise on the character, capabilities and qualities of a Supreme Court nominee.

It was once and for long that way.  But that is now lost, the inevitable consequence of a deep polarization.  Of a fundamental vilification of our countrymen.  And of a determination to put us all at each other throats for fleeting political advantage, until the next round, when our opponent surely then prevails.  And then once again.

For those among us who are older, who remember a time when political difference yielded to political compromise, there is a nagging and growing despair that our younger generation learn only of hostility.  Their experience is devoid of a common purpose, of a sense of community and of a common endeavor.  They learn to despair of their political opposites. They find purpose only in winning for themselves, and in defeating their opponents.  And they believe deeply and exclusively in faction.  And to shout down their countrymen with whom they disagree, until their countrymen are silenced completely.

How Can the Senate Confirm Gorsuch?

Confirm Gorsuch

If the American people want a Supreme Court justice who is human, humane, thoughtful and compassionate, then consider the thoughts and words of the current nominee.  Should we confirm Gorsuch?

Here is a man who could have easily been nominated by a 1960’s Democrat.  And if he were, most surely today’s Republicans would, to a man (and woman), line up against him.  The American people are entitled to more than the simple default that a nominee of a President from one party is unacceptable to each and every Senator of the other party.  And must be defeated, and if necessary destroyed.

So here are the words of nominee Neil Gorsuch.  Do the philosophies embodied in these words allow any Democratic Senators to confirm Gorusch?  Are not these thoughts the prerequisite to confirm Gorsuch, or anyone?

Belief in the Rule of Law

[J]udges taught me about the rule of law and the importance of an independent judiciary, how hard our forebearers worked to win these things, how easy they are to lose, and how every generation must either take its turn carrying the baton or watch it fall.

Belief in Applying the Law Impartially

[T]hese days we sometimes hear judges cynically described as politicians in robes. Seeking to enforce their own politics rather than striving to apply the law impartially. But I just don’t think that’s what a life in the law is about.

 Belief in Following the Law, No Matter Where it Leads

As a judge now for more than a decade, I have watched my colleagues spend long days worrying over cases. Sometimes the answers we reach aren’t ones we would personally prefer. Sometimes the answers follow us home and keep us up at night. But the answers we reach are always the ones we believe the law requires. For all its imperfections, the rule of law in this nation truly is a wonder — and it is no wonder that it is the envy of the world.

Supreme Court Justices’ Disagreements Are About The Law, Not About Political Opinions

Once in a while, of course, we judges do disagree. But our disagreements are never about politics — only the law’s demands. Let me offer an example. The first case I wrote as a judge to reach the Supreme Court divided 5 to 4. The Court affirmed my judgment with the support of Justices Thomas and Sotomayor — while Justices Stevens and Scalia dissented. Now that’s a lineup some might think unusual. But actually it’s exactly the sort of thing that happens — quietly, day in and day out — in the Supreme Court and in courts across our country. I wonder if people realize that Justices Thomas and Sotomayor agree about 60% of the time, or that Justices Scalia and Breyer agreed even more often than that. All in the toughest cases in our whole legal system. . . .

Belief In Mutual Respect and Consideration of Different Viewpoints

[I]n the West we listen to one another respectfully, we tolerate and cherish different points of view, and we seek consensus whenever we can. My law clerks tell me that 97% of the 2,700 cases I’ve decided were decided unanimously. And that I have been in the majority 99% of the time.

Belief That Courts Apply the Laws as Made by the Congress – Courts Should Not Be the Lawgivers

When I put on the robe, I am also reminded that under our Constitution, it is for this body, the people’s representatives, to make new laws. For the executive to ensure those laws are faithfully enforced. And for neutral and independent judges to apply the law in the people’s disputes. If judges were just secret legislators, declaring not what the law is but what they would like it to be, the very idea of a government by the people and for the people would be at risk. And those who came to court would live in fear, never sure exactly what governs them except the judge’s will. As Alexander Hamilton explained, “liberty can have nothing to fear from” judges who apply the law, but liberty “ha[s] every thing to fear” if judges try to legislate too.

Belief in Applying the Law to The Facts Presented

[M]y decisions have never reflected a judgment about the people before me — only my best judgment about the law and facts at issue in each particular case. For the truth is, a judge who likes every outcome he reaches is probably a pretty bad judge, stretching for the policy results he prefers rather than those the law compels.

Confirm Gorsuch? – A Life in the Service of the Law

Written on [a judge’s] tombstone over 200 years ago was this description:

As a lawyer, he was faithful and able;  as a judge, patient, impartial, and decisive;

In private life, he was affectionate and mild; in public life, he was dignified and firm.

Party feuds were allayed by the correctness of his conduct; calumny was silenced by the weight of his virtues; and rancor softened by the amenity of his manners.

These words stick with me. I keep them on my desk. They serve for me as a daily reminder of the law’s integrity, that a useful life can be led in its service, of the hard work it takes, and an encouragement to good habits when I fail and falter. At the end of it all, I could hope for nothing more than to be described as he was. If confirmed, I pledge that I will do everything in my power to be that man.

Should we confirm Gorsuch?

Remarkable Attack on Free Speech – The “Right to be Forgotten”

Government mandated censorship of speech in the United States is not dead yet.  Not even in the 21st century.  This time, a remarkable attack on free speech comes from Democratic New York Assemblyman David Weprin.  Mr. Weprin introduced a bill in the New York State Assembly imaginatively crafted as the “Right to be Forgotten Act.” This one is too good to be true.  We might all wish for a “right to be forgotten.” But let’s start right here.

Remarkable attack on free speech
David Weprin

Here’s what Assemblyman Weprin would command:

Within 30 days after a request from “an individual”:

[A]ll search engines, indexers, publishers and any other persons or entities that make available on or though the internet . . . information about the requester, shall remove information, articles, identifying information and other content about such individual, and links or indexes to any of the same, that is “inaccurate”, “irrelevant”, “inadequate” or excessive” . . .

It’s Hard to Craft Such Legislation – But He’s Done It

You might wonder what information qualifies as “inaccurate,” “irrelevant”, “inadequate,” or “excessive?”  Wonder no more. Assemblyman Weprin dictates that these terms mean:

[C]ontent which after a significant lapse in time from its first publication, is no longer material to current public debate or discourse . . .

If that’s not clear enough in this remarkable attack on free speech, perhaps a few examples from the Assemblyman will clarify:

. . . especially when considered in light of the financial, reputational and/or demonstrable other harm that the information, article or other content is causing to the requester’s professional, financial, reputational or other interest. . .

Illustrating the thoroughness of his approach, Assemblyman Weprin, of course, excepted:

[C]ontent related to convicted felonies, legal matters relating to violence, or a matter that is or significant current public interest, and as to which the requester’s role with regard to the matter is central and substantial.

Financial penalties, including damages, apply to offenders who do not timely remove the referenced information.

A Lesson – How To Write Vague Statutes

Make no mistake, this is a full frontal attack on free speech.  This bill, if enacted, crafts the vaguest of tests to prohibit speech whenever the government decides that a certain subject involving an “individual” should not be discussed.  Sure, the strawman of an “individual” is used to impose the “forgotten” standards, but that’s an easy one.  The “standards” listed in this monstrosity are, of course, no standards at all. They are vague and unenforceable.  They would never withstand the severe scrutiny mandated by the Supreme Court under the First Amendment.

How is “relevancy” decided?  What does “excessive” mean?  By what measure is information determined as “inaccurate?”  This is all so laughable except for the fact that it is actually contained in proposed legislation.  By a Democrat, no less.

A Remarkable Attack on Free Speech – What Happened to Liberalism?

The purveyors of liberalism promote and protect free speech, don’t they? Just consider the many myriads of speech that this Democrat eliminates, as if they never occurred.  For one, upon request all articles of historical interest would have to be removed if they are “no longer material to current public debate.”  His censorship net ensnares books, scholarly works, newspapers, and more.  It prohibits maintaining debates about our politicians, once the subject matters of the debates become stale. Perhaps the Assemblymen should consider distributing a little free BleachBit for anyone who ever published a word on the internet.

Assemblyman Weprin is surely a devoted student of the Sedition Act of 1797.  Remember that noble attempt to squelch speech.  It made criminal any oral or written speech that was “false, scandalous and malicious” against the government, the President and Congressmen.  Mr. Weprin has outdone the Fifth Congress with his new remarkable attack on free speech.

So we should wipe our memory banks clean, is that right Assemblyman Weprin?  Cultural amnesia, is that what you want?  Or is it mass dementia that you prefer?  Perhaps you should just mandate that.  This “Right to be Forgotten” act should, itself, be forgotten.  And quickly.

After another 30 days or so we will have to remove this article.

Russian Spy Charged in Yahoo Case Won’t Be Extradicted to U.S. – He’s Been Charged With Treason in Russia!

This Russian-U.S. hacking/spying scandal just keeps growing tentacles. There is a mounting story here.  And no one is paying attention. Today’s latest move in this ongoing battle involved the U.S. Justice Department indictment of two Russians in connection with the hacking scandal involving Yahoo’s email accounts.  One Russian spy charged in the Yahoo case is Dimitry Dokuchaev.

Dokuchaev is not just another Russian name.  He is no ordinary Russian spy who the Americans would now like to get their hands on.  You see, Dokuchaev was arrested in January by, guess who – the Russians themselves.  The charge: treason. Continue reading “Russian Spy Charged in Yahoo Case Won’t Be Extradicted to U.S. – He’s Been Charged With Treason in Russia!”

Obamacare Tax Repeal – Favors the Rich? Hogwash!

Today the media reports another tax cut favoring the rich.  The Republicans propose an Obamacare tax repeal.  According to a piece published by CNBC: “The proposed repeal of taxes that were put in place to fund Obamacare would give America’s top earners the biggest tax cut.”  Wow, this “story” is just the latest example of Republicans favoring the rich, indeed the very rich, over the middle class and poor.

Obamacare Tax Repeal

This little tidbit neatly fits into the old Republican tax narrative.  But is this really a story at all?  Let’s understand this, just a little bit.  Obamacare included two primary taxes that affected individual taxpayers.  It imposed a 3.8 percent tax on investment income, and the 0.9 percent increase in the Medicare payroll tax.  These Obamacare taxes applied to individuals earning at least $200,000 per year, or couples earning more than $250,000.  Now the Republicans propose eliminating these two taxes as part of their Obamacare “repeal.”  Let’s stop right here for just a minute.

But These Obamacare Taxes Only Hit the Rich, Right?

You see, something just struck us, and struck us smack in the old kisser. We think the way these Obamacare tax increases worked was that they didn’t hit individuals making less than $200,000 or couples making less than $250,000.  The middle class thankfully never paid a nickel of these taxes. Obama just snagged the wealthy and super-wealthy.  And the wealthier you were, the more you paid.  So, we suppose, there’s just no way for the middle class to get a tax benefit from these repeals, is there?  They paid nothing extra before.  So there’s nothing “extra” to get back.  Did we miss something?

But we can’t let that stand in the way of a great narrative.  The Republicans just always give tax cuts to the rich.  Always.  Yes, that’s right.  And this is just another prime example of them cutting taxes on the wealthy and very wealthy.  Let’s make this look real good: “The top 0.1 percent of earners, those making $3.9 million or more, would . . . see their taxes cut by 2.6 percent, or an average $207,390.”  Now, how’s that sound!

The Whole Truth – Where is It?

So we need to write more headlines like this one. “Top 0.1% of earners would bet a $207,000 tax cut under GOP plan to repeal Obamacare.”

Some of us might call all of this a “half-truth.”  Seems like it is a truthful statement that the tax cuts benefit the wealthy far more than the middle class.  But that statement doesn’t represent the whole truth – the whole story of the imposition of the Obamacare taxes and then their potential subsequent repeal.

It’s back to our vast and continuing disappointment in the good ole media. We’ve written before about the responsibility of reporters and journalists – report the facts.  Please don’t create a narrative.  Let the historians narrate and moralize.  So, Mr. CNBC journalist, next time please tell the “whole” story and keep your personal interpretation away from us.  The whole truth about Obamacare tax repeal.  If you want to express your opinion, or create an impression, then point out that’s exactly what you are doing.  Otherwise, please turn in your Press badge.

What’s In the Republican Healthcare Bill? Pelosi Says Public Must Know – This Time!

So what’s in the Republican healthcare bill?  It’s time for the Washington hypocrites to take another victory lap. None other than House Minority Leader Nancy Pelosi gets the spotlight on this one.  And she didn’t disappoint.  If you need another example of why Americans hold their political parties in contempt, then look no further than the leadership provided by Ms. Pelosi.  We guess they think we are all fools.  Or will simply march behind their pied pipes to whatever tunes they choose to play.

Let’s rewind just a little bit.  The time was 2010.  The Democrats were in control of both the House and the Senate.  Nancy Pelosi was the Speaker of the House.  The Republicans had no say in the little matter known as health care reform.  And so the House passed the Senate’s Obamacare bill in March, 2010. Continue reading “What’s In the Republican Healthcare Bill? Pelosi Says Public Must Know – This Time!”

Civil Property Forfeiture in the United States – An Unconstitutional Approach that Must End

Courts currently interpret the Constitution to permit government seizure of assets from persons who have not been charged with a crime.  How can this possibly be constitutional?  How can a society so fundamentally based on the rule of law and individual due process permit the seizure of private property by highwaymen wearing law enforcement uniforms?  Can civil property forfeiture in the United States in the 21st century be acceptable? At last, it appears, perhaps the Supreme Court will soon be ready to reconsider this whole subject matter.  Justice Clarence Thomas suggested as much, armed with powerful statements casting real doubt on the constitutional validity of civil property forfeiture processes in the U.S.

Civil Property Forfeiture

Let’s outline this subject philosophically.  We do so unencumbered by the long, winding, and arguably tortured history of civil forfeiture laws in the United States.  We also do so without the use of labels that tend to color conclusions. Continue reading “Civil Property Forfeiture in the United States – An Unconstitutional Approach that Must End”

Swamp Draining Under Obama? – Podesta’s Brother Lobbied For Russian Bank –

It looks like there was no Washington swamp draining during the Obama presidency.  We now know that during his administration John Podesta’s brother, Tony, lobbied on behalf of Russia’s largest bank, Sberbank.  John Podesta, of course, was the national chairman for Hillary Clinton’s presidential campaign.  He had also previously been a special counselor to President Obama.  Tony Podesta’s goal: removal of sanctions imposed by President Obama on Sberbank.  Tony added David Adams to his Sberbank team.  Mr. Adams, fortuitously, served as Hillary’s assistant secretary of state for congressional affairs.

According to reports, the lobbying effort focused on the executive branch and the Congress.  Tony Podesta’s firm arranged at least two meetings between Sberbank and officials from the State Department. Looks like it was a good idea to have David Adams involved.  Easier to get into the State Department, we suppose.

Swamp Draining
Tony Podesta

So let’s try to understand this one. Democrats strongly infer collusion existed between the Trump campaign and the Russian government to somehow throw the election to Donald Trump.  At the same time, a powerful Democratic lobbying firm, with direct relationships into the White House, arranges meetings on behalf of a major Russian bank to eliminate sanctions.

Washington Swamps and Washington Hypocrisy

Does any of this stink?  Are we the only ones bothered by any of this?  If we ever needed evidence of the Washington Swamp, this is certainly it. When will the swamp draining begin?

Politics as usual in Washington.  And a little hypocrisy to boot.  We guess it’s OK for prominent Democrats to lobby on behalf of a Russian bank that is subject to sanctions.  But it’s not OK for the new President, or any of his associates, to converse with the Russian ambassador to the United States. Maybe this makes sense in some alternative universe.  Or maybe it just makes sense in Washington, D.C.

U.S. Missile Defense Deployed in South Korea – China’s Upset But It’s All Their Fault

The U.S. missile defense system known as THAAD (Terminal High Altitude Area Defense) will soon be fully deployed in South Korea.  The Chinese are upset, and warn of a new arms race.  But it’s all their fault.  And there’s a very active arm’s race already ongoing.  The Chinese have no one to blame but themselves.  It was up to the them to pressure North Korea to halt its ballistic missile tests.  For months the U.S. made clear that if North Korea persisted, THAAD would be deployed.  But the Chinese did nothing.  Oh, they suspended coal deliveries, perhaps a signal of invite to the negotiating table. But where the rubber hit the road – suspending missile tests – the Chinese did nothing.  They are responsible for the THAAD deployment, pure and simple.

The Chinese gave the Americans an open avenue towards deployment. And frankly, with their ongoing militarization of the South China Sea, in violation of international law, their hands are hardly clean.  They complain from an awkward position.

But what does it all really mean?  Does the U.S. deployment actually threaten China in any significant way?  We think their claimed fears ring largely hollow.  We explain. Continue reading “U.S. Missile Defense Deployed in South Korea – China’s Upset But It’s All Their Fault”