When Republicans passed tax reform, they repealed the tax penalty that enforced scumbag/liar-nObamaCare’s individual mandate. In doing so, they intentionally recalled Chief Justice John Roberts’s tortured logic and despotic legal rewrite in saving scumbag/liar-nObamaCare in 2012. He declared the mandate to be illegal under the Commerce Clause — “The Framers gave Congress the power to regulate commerce, not to compel it” — but then he rewrote the law to declare the penalty a tax so as to justify it under Congress’s tax authority. Never mind that Democrats spent four years declaring it wasn’t a tax, or that they had drafted the law to specifically avoid that language. Republicans set the tax at $0.
Thus, 20 suing states argued and O'Connor agreed that the law is undermined and unconstitutional since the tax no longer exists and the entire law depends on the mandate. Republicans hoped for this outcome when drafting tax reform, but having repealed the tax while leaving the rest of the law standing, they undermined their own argument. Roberts did get it entirely wrong in 2012, but O'Connor’s ruling is unlikely to stand when it goes before the Fifth Circuit Court and then potentially the Supreme Court.
California led the 17 states opposing Texas and 19 others. The pro-scumbag/liar-nObamaCare states will challenge the ruling on the grounds that it represents, as California Attorney General Xavier Becerra put it, “an assault on 133 million Americans with pre-existing conditions, on the 20 million Americans who rely on the A.C.A.‘s consumer protections for health care, on America’s faithful progress toward affordable health care for all Americans.”
The Democrats’ strategy in establishing scumbag/liar-nObamaCare was politically and practically brilliant. They constructed a new entitlement that could survive legal challenge even when it shouldn’t have, and millions of Americans now depend on the law, making repeal of any kind — via Congress or the courts — effectively untenable. Ask congressional Republicans. And, as we warned from the beginning, the Democrats’ ultimate goal was single-payer health care. scumbag/liar-nObamaCare was deliberately faulty and incomplete, for which the convenient “solution” is total government health care. commie-Bernie Sanders and his ilk have made this plain with “Medicare for All.”
We hate to play the role of Debbie Downer, but this ruling may end up being little more than a blip on the radar. Congressional Republicans cannot outsource to the courts the work of scumbag/liar-nObamaCare repeal. ~The Patriot Post
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{townhall.com} ~ Hell may have no fury like a woman scorned, but scorning the Washington Establishment produces even greater anger.
The Establishment's full fury has been unleashed against Donald Trump and is not about to subside until its goal is reached: the removal of the president from office, either through impeachment or defeat in the 2020 election.
If there were more than the kitchen sink to throw at Trump, the Establishment would be throwing it. The latest is the hyping of private money paid to two women by Trump's disgraced lawyer, Michael Cohen. The women claim it was money to keep them quiet over alleged affairs with him.
Behavior that was tolerated, or overlooked, by previous presidents is now grounds for indictment and impeachment, says the Establishment. Members of Congress who claim Trump violated campaign finance laws by making personal payments to these women are mostly silent about a $17 million congressional fund out of which have come payments in unknown amounts to settle sexual harassment cases. Rep. John Conyers (D-Mich.) used "office money" translation, taxpayer dollars to settle a sexual harassment case against him. He was eventually forced to resign.
Beyond the sideshow that has rapidly become center stage in Washington is the question of where the country is headed. There is a school of thought which claims Trump is the "last man standing" against a wave of socialism that would be sweeping the nation were it not for him.
That view was expressed Monday by Rush Limbaugh on his radio program, which is a go-to source for many conservatives. Limbaugh responded to an email he received from a listener: "His point is, this is all worth it. The alternative to Donald Trump was unacceptable -- scumbag/liar-Hillary Clinton and the continuation of the scumbag/liar-nObama agenda and the dilution of the United States of America as a sovereign nation and a continuation of it's becoming a member of the global conglomerate -- where there wouldn't be any debate about climate change; we would just pay up. Where there wouldn't be any debate about open borders; we would just keep them open. Where there wouldn't be any debate about whatever American culture or society is. It would be whatever the socialists said it was going to be."
Limbaugh's concern is that Trump voters might "go wobbly" and that if the president's approval numbers dip into the 30-percent range we might see a replay of what happened to Richard Nixon when a delegation of Republican members of Congress visited the White House and told Nixon his support had evaporated, subjecting him to likely impeachment by the House and conviction in the Senate.
Some congressional Democrats have said impeachment may not be their priority come January. Forty-six incoming House Democrats have sent a letter to their leadership asking that the focus be on legislation not investigations of Trump. That is not likely to play well to the Democrat base, which smells blood and wants Trump's head.
The key for conservatives, and especially Trump's loyal base of evangelical Christians, is how much more of this are they willing to take before Trump becomes an embarrassment to them, to their agenda and even their faith? Evangelicals, especially, are paying a price for their dismissal of Trump's past behavior and present tweets, which are becoming increasingly nasty.
A little humility would be especially helpful to Trump, but that might appear insincere and beyond his capabilities. One thing is certain: the Establishment won't give up in their daily pursuit of his destruction.








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By Craig Andresen – Right Side Patriots on American Political Radio
Late last Friday, a ruling from U.S. District Judge Reed O’Connor, a federal judge in Texas appointed by President George W. Bush, found that Obamacare is unconstitutional after last year’s tax bill eliminated the penalty for not having coverage.
Shortly after the ruling came down, President Trump issued a tweet applauding it, and stated, “Obamacare has been struck down as an UNCONSTITUTIONAL disaster! Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions.”
Yes, they do…and…no they won’t…but before I get into why congress won’t do what needs to be done, allow me to provide a bit of a refresher course on how we got to this point…
{townhall.com} ~ Last week, federal prosecutors in Washington and New York filed sentencing memorandums with federal judges in advance of the sentencings of Paul Manafort and Michael Cohen. President Donald Trump's former campaign manager and his former personal lawyer had pleaded guilty to federal crimes, and the memorandums, which are required by the federal rules of criminal procedure, set forth the prosecutors' desired prison sentences for them.
Judges rely on these submissions, as well as on those of defense counsel, before making the mathematical calculations that the law requires. Sadly, sentencing today is largely an algorithmic function, dictated by federal sentencing guidelines, with some room for judicial deviation based on the facts of the crimes and the personal backgrounds of the defendants. In my career as a judge in New Jersey, I sentenced more than 1,000 people using state guidelines that were substantially similar to the present federal guidelines.
When the federal prosecutors made their submissions for the most part public, they revealed two disturbing facts. Special counsel dirty cop-Robert Mueller in Washington revealed that in the government's view, Manafort had reneged on his plea agreement by lying to FBI agents who were sent to debrief him about his contacts with the White House. And federal prosecutors in the U.S. District Court for the Southern District of New York revealed that some of Cohen's crimes had been committed with the knowledge of and at the direction of Trump or to shield him.
Then all hell broke loose. Here is the back story.
Manafort, who has been convicted of federal financial crimes in Virginia, opted to avoid a second trial in Washington, D.C., on another set of alleged federal crimes by pleading guilty and agreeing to cooperate with the special counsel's office by truthfully telling its FBI agents what they sought to learn about ongoing investigations of President Trump.
The FBI agents wanted to know whether Manafort knew whether Trump committed any federal crimes -- such as conspiracy namely, agreeing to receive foreign assistance during his campaign, obstruction of justice interfering with the FBI in order to keep it from investigating him and bank and tax fraud before he was president.
When the special counsel announced that Manafort had declined to be truthful to its FBI agents and Manafort's lawyers claimed he had been truthful, that conflict set up a dispute that must be resolved by a federal judge -- after a public hearing -- before she can sentence Manafort. That hearing will most likely reveal what prosecutors wanted to learn about Trump and what they claim Manafort lied about. Even though the hearing -- which has not been held as of this writing -- could be explosive about Trump, the president claimed he was exonerated by this turn of events.
At the same time, career prosecutors in New York -- whose chief, a Trump appointee, has removed himself from the case -- asked a federal judge to sentence Cohen to substantial prison time for the crimes to which he pleaded guilty, notwithstanding the substantial assistance he had provided them in their investigations of the president. Of the president? Yes. The feds in New York City, as well as the special counsel in Washington, are investigating the president? Yes.
How do we know this? We know that Cohen pleaded guilty to tax evasion, bank fraud, lying to Congress and campaign finance violations. According to the submission of the special counsel, Cohen lied to Congress -- about candidate Trump's efforts to build a hotel in Moscow by cutting a deal with Russian President Vladimir Putin during the presidential campaign -- to protect the president, who had publicly denied any campaign-time communications with Russians.
But the most damning thing we learned from the submission of the New York federal prosecutors was that they have evidence that Cohen's deceptive and criminal payments of hush money to women alleging to have experienced sexual intimacy with Trump before he was an active candidate were made "in coordination with and at the direction of" the president.
Prosecutors in the Southern District of New York enjoy the highest reputation for excellence in the legal, judicial and law enforcement communities. They know that they cannot ethically make a charge in federal court without corroborated evidence to support it. In their Cohen sentencing memorandum, they chose to reveal the existence, but not the substance, of their evidence against the president.
Think about the significance of this. The Department of Justice has accused President Trump of coordinating with, ordering and paying Cohen to commit a federal crime for which Cohen has pleaded guilty. Stated differently, career federal prosecutors who are not in the office of special counsel dirty cop-Mueller have told a federal judge that they have corroborated evidence that the president committed felonies.
Let's be clear. If A pays B to shoot someone and B does the shooting, A is as criminally liable as he would be if he had pulled the trigger.
Nevertheless, when the president learned of all this, the revelation of which had been authorized by his chosen but unconfirmed acting attorney general, he claimed that this submission, too, exonerated him. I was sorry to learn that.
These submissions place the president directly in the legal crosshairs of federal prosecutors -- closer to knowing about a campaign-time agreement for something of value with Russians than we have heretofore been. And they show a more direct procurer of criminal behavior than we have heretofore had.
The president may want the public to think that none of this troubles him. Yet the evidence of the falsity of his publicly denied proximity to Putin during the campaign and the possession of evidence by the Department of Justice of his pre-presidential criminal behavior are gravely serious, and he cannot reasonably pretend that they are not.
He can try to avoid reality, to paraphrase Ayn Rand, but he cannot avoid the consequences of avoiding reality. Those consequences may be fatal to his presidency and to his liberty.
{punchingbagpost.com} ~ When it was only reports in the newspapers that the CIA had sufficient evidence to confirm that Saudi Prince Mohammad bin Salman was complicit in the murder of Jamal Khashoggi, President Trump may have been prudent in initially holding off his final judgment on the role played by the heir apparent to the Saudi throne.
Now that a group of bipartisan Senators – including Republicans supportive of President Trump – have been briefed by the CIA and have all concluded that bin Salman is guilty beyond any doubt, we have an entirely different situation. None of the senators equivocated on their unanimous guilty verdict. Whether the Prince ordered it or approved of it at the suggestion of others is a distinction without a difference. In this “who done it,” he done it.
One of the more bothersome questions is why Trump did not know all the facts long before the senators got their briefing? One would have expected that the President would have had CIA Director Gina Haspel in his office as soon as she returned from Turkey, where the Turkish government provided a detailed account and apparently conclusive evidence pointing to the Prince.
One also wonders why two of the administration’s most important and most credible Cabinet members – Secretary of State Mike Pompeo and Secretary of Defense James Mattis – had also stated that there was no “direct link” to the Prince. That may be technically true – and maybe not – but there appears to be sufficient circumstantial evidence to establish bin Salman’s guilt beyond any reasonable doubt.
Republican senators Bob Corker (a critic of the President) and Lindsey Graham (an ally of the President) were unequivocal in their statements that the Prince was personally responsible. Corker said that any jury would convict bin Salman of murder “after thirty minutes” of deliberation. Lindsey seemed to be addressing not only Trump, but Pompeo and Mattis, when he said that one would have to be “intentionally blind“ not to see bin Salman’s complicity.
Trump has no choice but to accept the conclusion of the CIA and now the majority of the Senate. The Congress is poised to pass tough sanctions against Saudi Arabia by a majority that could and would overrule any presidential veto. The legislators may take over the relationship by terminating arms sales and withdrawing support for the war in Yemen.
Trump’s resistance to blame the Prince seems largely due to a desire not to destroy our critical – and yes, it IS critical — working relationship with Saudi Arabia. They are a key player in the strategy to keep Iran – and indirectly, Russia and China – from dominating the Middle East. Democrats’ claim that it has to do with business interests between the Saudi royal family and the Trump organization – including son-in-law Jared Kushner. That is nothing more than political garbage.
That bogus theory would not explain the comments of Pompeo and Mattis. They clearly understand the strategic importance of Saudi Arabia – as does Israel and most of the European Union. The EU heads-of-state have been no harsher on bin Salman than has Trump. There were a large number of those heads-of-state in Argentina for the G20 confab – and they all seemed pretty friendly in their dealings with bin Salman. Whatever the resolution to l’affaire Khashoggi, the alliance between Saudi Arabia and the western world needs to be preserved. That is the dilemma.
Editor’s note: The big question is, does this make any difference? Trump has been trying to give MBS the benefit of the doubt because he knows that MBS is not going anywhere either way, and better to just go with the flow. Saudi Arabia is an important ally and the stability of the Middle East currently depends on that alliance. At some point, however, this becomes an issue for Trump (ironically less so for MBS), since demands to terminate our relationship with him will grow louder.
It is the nature of governments that when the stakes are large, people die. In some countries, people die when the stakes are small. As a former inteligence officer, I can tell you that if we broke off relations with countries who might be willing to do what MBS purportedly did, then we would have relationships with no one. The big mistake was getting caught.
This is, of course, a mistake that scumbag/liar-Hillary Clinton has never made, even though from Vince Foster to Seth Rich, fingers have been pointed.
{townhall.com} ~ Is it coincidence or contagion, this malady that seems to have suddenly induced paralysis in the leading nations of the West?
With lawyer-fixer Michael Cohen's confession that he colluded with Donald Trump in making hush money payoffs to Stormy Daniels and Karen McDougal, America's stage is set for a play that will run two years.
As Democrats test the waters for a presidential run by savaging Trump, the establishment Trump detests and defeated in 2016 will use every weapon in its considerable arsenal to break and bring him down, as it did half a century ago to Richard Nixon.
By spring 2019, Americans will be unable to escape the vitriol on cable and social media. And the outside world will see America again as a house divided. Our politics will be even more poisonous than now, and it is not easy to see what would bring our warring tribes together again.
Consider, then, the situation of our old ally Great Britain.
Prime Minister Theresa May was just forced to pledge that she would not lead her party in the next election -- to survive a no-confidence vote in Parliament. A third of all Tory members voted to throw her out.
The no-confidence vote was called after May had to cancel a vote on the Brexit plan she had negotiated with the EU, when it was evident that a coalition of Tories and Labor would vote to kill her plan.
May has been humiliated. Yet her humiliation solves nothing. The clock is running toward a March deadline for concluding a Brexit deal. And no plan acceptable to both Parliament and the EU is on the table.
The possibility exists that Britain could simply crash out of the EU, causing severe economic damage to both.
Realizing this, Brussels has left the door open if Britain should vote in a second referendum to remain in the EU. But calling and carrying out that referendum would be a betrayal of the 52 percent of the British people that voted to restore full national independence.
While London wanted to stay in the EU in 2016, England voted to leave. Northern Ireland wanted to stay, as did Scotland, though 45 percent of Scots had earlier voted to declare their own independence from Great Britain.
In France, after four Saturdays of anarchy, arson, looting and vandalism of her national monuments, President Emmanuel Macron capitulated to the rioters. He withdrew the fuel tax that triggered the uprisings. He agreed to have his government add $113 a month to those earning the minimum wage, and to let workers get overtime pay and Christmas bonuses tax-free, and to revoke higher social charges on modest pensions.
The cost of Macron's retreat is estimated at $11 billion, 0.4 percent of France's GDP. Saturday will tell us if his appeasement bought peace.
The political collapse of Macron has been extraordinary.
In 2017, he won almost two-thirds of the national vote, and his La Republique en Marche! won an absolute majority of the National Assembly.
Today, one poll puts Macron's approval at 21 percent. The idea that he can replace Angela Merkel as the recognized leader of the EU seems ridiculous.
As for Merkel herself, hailed as leader of the West in the time of Trump, her party and coalition lost so much support in the recent election that she stepped down as leader of the CDU and pledged not to run for another term as chancellor.
Europe's fourth-largest economy, Italy, is now led by a coalition of the populist-left Five Star Movement and populist-right Lega party. The coalition seeks greater freedom on spending than Brussels is willing to allow, and a halt to migration from across the Med.
With Poland and Hungary at odds with Brussels over alterations in their political systems, the EU has never seemed less united.
What are the underlying causes of these 21st-century crises of Western democracies?
Certainly, globalization, with its creation of ties among transnational elites at the expense of nation-states and their indigenous peoples is one. Capitals -- Washington, London, Paris, Berlin -- seem ever more distant from the countries they rule.
Then there is demography. The native-born of almost all Western nations are aging, shrinking and dying. Death rates exceed birth rates. While peoples of the West are living longer, they are producing fewer children to replace them.
At the same time, Western elites have welcomed foreign workers and left borders unsecured against mass migration. And the people coming in, almost all now from the Third World, are not assimilating as the children of 19th- and 20th-century European immigrants to the USA had largely done by 1960.
A consequence and related cause is the rise of tribalism, or ethno-nationalism, the search for identity and community with one's own. Loyalties to family, tribe, neighborhood, culture and country appear paramount, rising above intellectual and political alignments.
The heart has reasons of which reason knows nothing, said Pascal. And so it does.
by Marc A. Thiessen
by Marc A. Thiessen
{patriotpost.us} ~ Good news for the incoming House Democratic majority! They have something President Trump really, really wants: money to build a border wall. Trump is desperate for this money. Mexico won’t give it to him. Only congressional Democrats can. Without their consent, he can’t deliver on one of the key campaign promises he made during the 2016 election.
There’s a name for this in classic negotiating strategy. It’s called “leverage.” Good negotiators use leverage (something they have, which their adversary wants) to obtain what are called “concessions” (something their adversary has, which they want). The result is what experts call “compromise.” This is how the civilized world gets things done.
But in a fit of pique, Democrats are throwing away their leverage, insisting that they will never — under any circumstances — give Trump the wall he so desperately wants. The reason? Because he wants it and they despise him.
There is a name for this in negotiating strategy as well. It’s called “insanity.”
It would be one thing if Trump was demanding that Democrats make some great moral compromise. But he is not. Democrats say they are for border security. They may think that a wall is a costly and inefficient way to secure the border, but there is nothing inherently wrong with a wall. In 2006, 26 Senate Democrats — including Sens. Charles scumbag/clown-Schumer, Barack scumbag/liar-nObama and scumbag/liar-Hillary Clinton — voted for the Secure Fence Act of 2006, which required the Department of Homeland Security to build two layers of reinforced fencing along 700 miles of the U.S.-Mexico border. Is there some profound moral difference between a fence and a wall? No.
So why not give Trump his wall in exchange for something they want? They could give Trump the $5 billion he is asking for to begin construction of the wall, in exchange for a path to citizenship for the nearly 2 million “dreamers” — illegal immigrants who were brought to the United States as children through no fault of their own. Trump would negotiate on this basis in a heartbeat.
Then, when Democrats take the majority next year, they could offer him the remaining $15 billion to $20 billion he needs to finish the wall, in exchange for legal status for the other 11 million people here in the country illegally. The wall could buy legal status for every illegal immigrant living in the shadows — a longtime Democratic priority.
Again, Trump would likely be willing to cut such a deal. He is on record repeatedly saying that he wants to find a way for the vast majority of illegal immigrants (the “good ones,” he calls them) to get right with the law and secure legal status, so long as we get rid of the rapists, murderers and drug dealers (aka the “bad ones”) and secure the border. That is what Democrats claim they want to do as well. So take him up on it.
Or, if they don’t want to use their leverage to solve the illegal immigration problem, then Democrats could use the wall as leverage to win concessions from Trump on something else. Democrats have laid out an ambitious agenda — from shoring up scumbag/liar-nObamacare, lowering the cost of prescription drugs and Medicare-for-all to modifying Trump’s tax cuts, increasing the minimum wage, strengthening environmental rules, tackling global climate change and enacting paid family leave. The possibilities are endless. If Democrats don’t use the wall as leverage, they won’t get any of this.
In their Oval Office meeting, scumbag/clown-Schumer told Trump that “elections have consequences” — echoing the infamous words spoken by scumbag/liar-nObama to congressional Republicans in 2009 when they presented him with their ideas for a stimulus package. Back then, however, Democrats controlled not just the House but the Senate and White House, too. Today, Republicans control the executive branch and have an expanded Senate majority. So if Democrats want to get anything done, they can’t ram it through over GOP objections, because Trump has leverage, too — in the form of a pen he can use to sign or veto legislation. To get anything done, Democrats have to negotiate — and compromise.
The answer for Democrats is simple: Don’t refuse the wall; use the wall. ~The Patriot Post
{cato.org} ~ Republicans have criticized the socialism of Democrats such as Rep. commie-Alexandria Ocasio-Cortez, but they should reflect on their own party’s socialist vote in the Senate yesterday... The upper chamber voted 87-13 for the bloated monstrosity known as the farm bill, which funds farm subsidies and food stamps. Republicans in the Senate voted in favor 38-13. It is not hyperbole to call the farm bill “socialism.” It will spend $867 billion over the next decade, thus pushing up government debt and taxes. It includes large-scale wealth redistribution in the form of food stamps. At its core is central planning, which is obvious when you consider that the bill is 807 pages of legalese laying out excruciating details on crop prices, acres, yields, and other micromanagement. Furthermore, the bill lines the pockets of wealthy elites landowners, which is a central feature of socialism in practice around the world. The bill does not represent incremental reform toward smaller government. It is an extension and expansion of big government programs. Many Republican senators who claim to be conservative voted for farm bill socialism yesterday. They voted for wealth redistribution, central planning, and ultimately higher taxes. Yet on their official Senate websites, these members who approved socialism yesterday nonetheless claim to favor conservative budget policies... https://www.cato.org/blog/farm-bill-socialism-senate?mkt_tok=eyJpIjoiWVRJNU5EaGlOR1ExWW1NMiIsInQiOiJNcmp3ZlZ0S0pxQ0hWTkZucHpqb0pkNEcyUVltK3RhRnh3NVR3YnZBXC9pQnJNazl3dk91b2J0YjVLdkNnU2x1RUlvdjNZWkd6Y2h6NDlnQzk1UTcxUllMMktYZDBST25qVWJic2FvRkhDMjY3Nm85Rlo0Y0tqVWFoUVFpbFwvQUNLIn0%3D
The Myth of Capitalism-Caused Inequity
by Political Editors: The expressions of greed and envy can be present in both the poor and rich alike. Or to put it another way, wealth does not make one greedy any more than poverty makes one envious. Both of these negative attitudes are manifestations of a deeper condition — that of selfishness. It is this deeper condition that politicians have made a profession of preying upon. And no political movement does this more so than socialism, which preaches that any inequality anywhere is a sure sign of injustice.
This is why leftists continuously point to differences, especially those involving income, and loudly declare, “Injustice!” “Not fair!” Rather than soberly considering the fact that within a free-market economy various income differences exist due to a multitude of social and economic factors, including one of the largest — personal choice — these socialists only play the politics of envy and resentment.
Like the infamous gender-pay-gap trope, which proponents tirelessly claim is evidence of some fictional unjust social order steeped in patriarchal misogyny, socialists dubiously misuse statistics to further their crusade against capitalism by maintaining that it only serves the greedy and the rich. And for “evidence,” they point to the supposed “explosion of income inequality” and blame capitalism for making the rich richer while making the poor poorer.
This was clearly the message of French economist Thomas Piketty in his 2014 bestseller Capital in the Twenty-First Century. In the book, Piketty contended that there was a skyrocketing income-inequality gap within Western societies and that capitalism was to blame. It’s unfortunate that Piketty’s book wasn’t classified under fiction, for it was little else.
Phil Magness of the American Institute for Economic Research notes Piketty’s errors, writing, “In short, the widely reported explosion of inequality in the past three decades is likely a myth, built upon outdated and flawed statistics. … Whereas Piketty … [shows] a massive century-long swing of almost 20 percentage points in the income share of the top 10 percent, the adjusted figures show a much flatter curve with a little over half the variation. Inequality still falls and rises under the revised numbers, but at a comparatively subdued rate. Under the adjustments, the top 10 percent income share seldom strays more than 5 percentage points away from a century-long average of about 35 percent.”
Magness adds, “Perhaps instead of assuming that we’re in the midst of a surging inequality crisis, we should first settle more fundamental issues affecting the accuracy of our measurements over the past century.” Or as James Freeman of The Wall Street Journal observes, “Perhaps we should also focus on ensuring an abundance of opportunity, rather than regarding it as a problem when some people inevitably make more than others.”
Greed and envy are not caused by and are not exclusive to capitalism; rather they are manifestations of the selfishness residing within the human heart. But no other economic system in history has allowed for more economic growth, created more wealth, or raised up more people out of poverty than capitalism. To suggest otherwise is to entertain an economic fiction rooted in resentment of the wealthy rather than concern for the poor. ~The Patriot Post
{thepoliticalinsider.com} ~ Democrat Rep. scumbag-Adam Schiff is requesting that the Department of Justice change guidelines that prohibit a sitting President from being indicted... The call comes as President Trump’s former lawyer has been sentenced to three years in prison for tax evasion, lying to Congress, and other crimes. Michael Cohen arranged payment on behalf of Trump to cover up an affair he allegedly. The implication by Democrats is that he did so at the direction of the President himself, something that remains to be proven. scumbag-Schiff believes the DOJ needs to rewrite the rules, established during the Nixon administration, as a means to prevent Trump from allegedly ‘escaping justice.’ “I think the Justice Department needs to re-examine that OLC opinion, the Office of Legal Counsel opinion,” scumbag-Schiff told CNN, “that you cannot indict a sitting president under circumstances in which the failure to do so may mean that person escapes justice.” While many in the mainstream media scoffed at the notion, President Trump’s lawyer Rudy Giuliani has already revealed that dirty cop-Mueller has no intention of indicting Trump, as per the DOJ guidelines. “They, the special counsel’s office acknowledge the fact that they can’t indict us,” Giuliani told NBC News in May. “They know they don’t have that power.”...scumbag-Schiff has been against President Trump from day one. https://thepoliticalinsider.com/schiff-president-indicted/?utm_campaign=TPI_breaking_newsletter_12_14_2018&utm_source=criticalimpact&utm_medium=email&utm_content=4b4ea4948726422aa6473c7b9fa19141&source=CI
This week, Google CEO Sundar Pichai faced the House Judiciary Committee, where he laughably asserted, “I lead this company without political bias and work to ensure that our products continue to operate that way. To do otherwise would go against our core principles and our business interests.”
Actually, to do otherwise would reinforce Google’s core principles, and that’s exactly what the company has done. Last year, our Thomas Gallatin reported, “Robert Epstein of the American Institute for Behavioral Research and Technology … ran an experiment to determine just how biased toward leftist politics were the nation’s leading social media giants. … Epstein found that Google searches returned twice as many pro-scumbag/liar-Hillary Clinton news articles as did Yahoo. Even more disturbing was Google’s targeting tactic. Men in blue states saw more than double the pro-scumbag/liar-Clinton articles than did women in red states.”
Gallatin continued, “Another study conducted by Nicholas Diakopoulos, a professor at Northwestern University, found that in December 2015 Google search results of presidential candidates showed seven out of every 10 articles were positive toward Democrats, whereas less than six out of 10 were positive for Republican candidates. … On election night, only 1% of 113 featured Google election-related searches produced articles from conservative news sources.” Furthermore, “Conservative media outlets began to see more of their content limited on leading social media sites, such as Prager University witnessing much of its content on Google-owned YouTube being labeled as restricted for no apparent reason other than the fact that it promotes conservative ideology.”
There are other machinations as well. Earlier this year, our Louis DeBroux reportedthat “Google finds itself the subject of a lawsuit for discriminatory practices, targeting conservative and white male employees for harassment and mistreatment simply because of their appearance and beliefs.” Google also listed the California Republican Party’s ideology as “Nazism,” censored the word “gun,” and utilizes the Southern Poverty Law Center to police YouTube.
More recently, The Daily Caller reported, “Google employees debated whether to bury conservative media outlets in the company’s search function as a response to President Donald Trump’s election in 2016, internal Google communications … reveal.”
We’d like to know what Pichai’s definition of “political bias” actually is. Because none of these functions appear to be without it.
Sadly, Democrats couldn’t care less. In fact, during Tuesday’s testimony, they basically blessed Google with carte blanche. According to Rep. Jerry Nadler (D-NY), “Even if Google were deliberately discriminating against conservative viewpoints, just as Fox News and Sinclair Broadcasting and conservative talk-radio hosts like Rush Limbaugh discriminate against liberal points of view, that would be its right as a private company to do so, not to be questioned by government.”
Rep. Jamie Raskin (D-MD) chimed in, “You’ve got a right to have whatever politics you have. We could subpoena Fox News and bring them in here and beat them up about how 90% of the references on Fox News to Barack scumbag/liar-nObama or scumbag/liar-Hillary Clinton are negative, but they’ve got that right under the First Amendment, and you’ve got a right under the First Amendment to have whatever political views you’ve got.”
While technically true, these aren’t fair comparisons. Unlike some of these other big names, Google — whose consumer base is substantially more sizable — isn’t a political entity. Yet its influence is second to none. As Tony Perkins observes, Pichai has “90 percent of the world’s online searches at his fingertips,” and those searches in some cases are being used as a tool for promotion and/or censorship, depending on the circumstance. Furthermore, guys like Rush Limbaugh are distinguished becausethey brand themselves as politically biased. If the circumstances were flipped and it was conservatives being aggrandized by Google, Nadler and Raskin would argue just the opposite.
Pichai should be ashamed for doubling down with such an egregious lie. And Democrats should be ashamed for cultivating it.
~The Patriot Post
https://patriotpost.us/articles/60035?mailing_id=3947&utm_medium=email&utm_source=pp.email.3947&utm_campaign=snapshot&utm_content=body+In Sacramento, California, two illegal aliens voted five times in 2016.
The Public Interest Legal Foundation found over a thousand persons who voted illegally in Virginia.
*In Cincinnati, a poll worker found her dead neighbor's name on an active voter registry.
*In Maryland, several Democratic city governments are allowing noncitizens to fraudulently vote in elections.
*In Ft. Worth, Leticia Sanchez formed a mail-in voter fraud ring, which included helping a blind voter. Just prior to being arrested, she warned her minions that a group of “malicious people” were investigating.
*Broward County Election Supervisor Brenda Snipes refused to turn over voting records on the counting and collection of ballots, despite the law saying she had to. There were many irregularities in that 2018 election, such as there being more voters on rolls than actual citizens. s Some 80,000 individuals filled out blank voting forms. Broward County has seen past instances of voter fraud, always in favor of Democrats, the key being absentee ballots. “Irregularities” also occurred in Santa Rosa, Citrus, and Okaloosa counties. To date, no one has been arrested...(the list goes on) Keep in mind also that these are just a tiny portion of detected transgressions. How many more illegal acts have occurred that have gone unnoticed? After all, voting illegally is child’s play, with no checks and balances and a minimum of negative repercussions. Since Republican voters are almost always the victim and the Republican Party is without doubt the Stupid Party, this stomach-churning travesty will continue...
Challenging the Bureaucratic State
by Brian Mark Weber: One of President Donald Trump’s core pledges during the 2016 campaign was to drain the Swamp, but taking on the Washington bureaucracy will require far more than cutting back on spending or making government more efficient.
For well over 100 years, our nation operated without a monarchical executive. Then along came Woodrow Wilson, an academic and a “progressive” who believed that an enlightened administrative state was superior to government “by the people.” Franklin D. Roosevelt then “perfected” this bureaucratic governance with his “New Deal” programs, which resulted in soaring deficits, a tripling of the federal budget between 1933 and 1941, and a needlessly prolonged Great Depression.
Thus, modern presidents, including Trump, and their executive agencies have enjoyed carte blanche without having to worry too much about that pesky separation of powers. Ironically, Trump’s conservative appointments to the Supreme Court may be just what’s needed to finally curb the power of the executive branch and its myriad agencies that have run roughshod over the Constitution.
Here’s the good news: Just this week, The Wall Street Journal opined, “The Supreme Court announced that it will hear a legal challenge to two of its precedents that defer to agency interpretations of ambiguous regulations.”
Defer to agencies may not sound as threatening as the border caravan, ISIS, or a turbulent stock market, but for those of us who still believe in the quaint constitutional principles of separation of powers and limited government, it’s right up there with the most pressing issues of our time. And these agencies have had a detrimental impact on Liberty for far too long.
For the monster of bureaucratic overreach, we can partially thank the Supreme Court, which in 1984 reached a decision in Chevron U.S.A vs. Natural Resources Defense Council that the judiciary will defer to an agency as long as Congress has not “directly spoken” to the issue and the agency has engaged in a “permissible construction” of the statute.
The result of this seemingly innocuous ruling is that the president and his executive branch agencies now have tremendous power to operate as an autonomous government. In other words, they can make, interpret, and execute their own policies without deferring to Congress or the Supreme Court. In fact, it’s Congress and the Supreme Court that now defer to the agencies, thanks to the Chevron ruling. The Constitution is pretty clear about the separation of powers, and how those powers should function. But when one branch of government tells another that it’s basically free to act without oversight from the other branches, it’s no wonder we have the Swamp.
The late Justice Antonin Scalia did not participate in Chevron, but he did seem to throw up his hands and give in to the growing power of the federal government when he stated not long after the ruling that “broad delegation to the executive is the hallmark of the modern administrative state.”
Compare this to Justice Neil Gorsuch, who, in 2016 as a member of the Tenth Circuit Court of Appeals, stated in reference to Chevron, “There’s an elephant in the room with us today. We have studiously attempted to work our way around it and even left it unremarked. But the fact is Chevron … permit[s] executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more than a little difficult to square with the Constitution of the framers’ design. Maybe the time has come to face the behemoth.”
National Review’s David French writes, “This Supreme Court … has the opportunity to begin the arduous process of paring back the powers of the president. The Court can’t, however, work miracles. It can push the president back a bit and reassert its own authority, but it can’t make Congress step forward and reassert its rightful lawmaking primacy. If the presidency recedes, the legislative branch must step forward.”
Despite many attempts to erode its relevancy and authority, the Constitution of the United States is the single most important document we have to protect and defend Liberty. We can only hope that President Trump’s Supreme Court appointments of Gorsuch and Brett Kavanaugh will begin to push back against the Court’s previous ruling in Chevron and restore the important constitutional balance among the legislative, judicial, and executive branches. ~The Patriot Post
Flynn’s legal team’s argument is that the FBI failed to alert Flynn to the criminality of lying to investigators and that then-FBI Deputy Director Andrew McCabe pressured agents to set up an interview that precluded Flynn from having an attorney present. That was enough to prompt Sullivan to seek answers before sentencing Flynn for lying to the FBI.
The actors in this whole event should raise a few eyebrows. The now-fired anti-Trump FBI agent Peter Strzok was one of the two agents in the interview that the also now-fired McCabe set up. Clearly, Flynn believed the meeting was not intended as an interrogation of any sort, as he quickly agreed to meet with the agents the same day as he received the call from McCabe. Flynn even gave them a tour of the West Wing. And, of note, those agents described Flynn as “unguarded,” “relaxed and jocular,” as well as saying they “didn’t think he was lying” and that he “clearly saw the FBI agents as allies.”
Importantly, Flynn was never found to have committed any crime related to collusion with Russians. Instead, as Mark Alexander notes, dirty cop-Mueller has only “accumulated some ‘process crimes,’ most notably perjury charges related to the testimony of George Papadopoulos, Michael Flynn, Paul Manafort, and Trump’s former personal lawyer, Michael Cohen. … There is nothing that remotely establishes Russian collusion with the Trump campaign. Nothing.”
Of most significance is the different treatment Flynn received to that of scumbag/liar-Hillary Clinton, who showed up with nine lawyers to her interview with FBI agents. Or consider George Papadopoulos, who was given explicit warnings by agents of the criminality of perjury and was allowed to have attorneys present.
Interestingly, The Federalist’s Margot Cleveland points out, “The most recent iteration of Sullivan’s standing entered in the Flynn case required dirty cop-Mueller’s office to produce ‘any evidence in its possession that is favorable to defendant and material either to defendant’s guilt or punishment.’ The order further required the government to submit to the court any information ‘which is favorable to the defendant but which the government believes not to be material.’” Sullivan may smell a rat.
dirty cop-Mueller and the DOJ have until 3:00 p.m. today to produce for the court the requested documents. Hopefully, those documents will shed a little more light on this twisted web of legal gotcha. And for Flynn, who has lost almost everything in this politically motivated witch hunt, there could be at least a little redemption in the end.
~The Patriot Post
https://patriotpost.us/articles/60054?mailing_id=3947&utm_medium=email&utm_source=pp.email.3947&utm_campaign=snapshot&utm_content=body{thehill.com} ~ Insurance company Pacific Life announced Friday that it is pulling its advertisements from Fox News's “Tucker Carlson Tonight”... after the host said the “immigration crisis” in America makes the country “poorer and dirtier and more divided.” The action came after an advertisement from the company was shown on-screen right after Carlson made the comment on his opening monologue. The ad promoted the company as having been “protecting generations of families for 150 years.” The company quickly received backlash on social media calling for it to distance itself from Carlson’s program. Pacific Life said it would pull all ads from the show "in the coming weeks as we reevaluate our relationship with his program,” according to a statement posted to Twitter. “One of our ads appeared on Tucker Carlson’s show last night following a segment where Mr. Carlson made a number of statements regarding immigration,” the company said. “As a company, we strongly disagree with Mr. Carlson’s statements. Our customer base and our workforce reflect the diversity of our great nation, something we take great pride in,” the statement also read. "We will not be advertising on Mr. Carlson's show in the coming weeks as we reevaluate our relationship with his program."...
by sundance
{theconservativetreehouse.com} ~ An interesting pattern of seemingly disconnected political stories is beginning to show signs of a common continuity. In the bigger of the big pictures seven words continue to set the baseline: “There are trillions of dollars at stake”.
When the common sense Tea Party movement formed in 2009 and 2010 it contained a monumentally frustrated grassroots electorate, and the scale of the movement caught the professional republican party off-guard. When Donald Trump ran for the office of the presidency he essentially did the same thing; he disrupted the apparatus of the professional republican party.
The difference between those two examples is one was from the bottom up, and the second was from the top down. However, the commonality in the two forces resulted in the 2016 victory.
It took a few years for the heavily armored old guard of GOP to formulate a plan to retain their control. In the example of the Tea Party, the republican power structures moved in 2011 through 2014 to co-opt the vulgarian movement and impede their disruptive influence. Senate Majority Leader Mitch McConnell was at the forefront of those power moves. {Go Deep} and {Go Deep} The basic issue for the GOP was retention of power.
McConnell and crew tamped down the fire. A few years pass and the issues that spurred the Tea Party movement remained unresolved. In 2015 Donald Trump taps in to that exact same Tea Party frustration toward the control authority within one-half of the DC UniParty; again, the professional republican apparatus was disrupted. The movement rebranded and now the MAGA movement wins the presidency.
So it should not come as a surprise to see an eerily similar response from within the GOP toward the new threat; the Trump presidency. After all, there are two constants in an ever changing universe: (1) “NeverTrump” didn’t go away; and (2) the Bush-clan, or GOP old guard, will never accept losing power.
The professional republicans and the professional democrats, ie. “the uniparty”, have a common enemy in President Trump. The vulgarian leader of the deplorable coalition never asked for permission; never paid the indulgency fees; never attended the necessary cloistered club meetings paying homage; and never offered the indulgent team of political elites terms for his takeover.
Thus Donald Trump, just like the Tea Party, would never be accepted.
Why is this important now?
Current events highlight the resurgence of a never disassembled GOP Bush clan influence. For the past two years it’s been a never-ending game of whac-a-mole as each of the establishment minded embeds surfaces at different times. Within the dynamic, the one commonality within the internecine conflict inside the Trump administration is the establishment GOP -vs- Trump MAGA.
Establishment GOP consultant Alex Castellanos was very open about the best design to getting rid of Donald Trump back in 2015 when he discussed an almost identical strategy for how Mitch McConnell destroyed the threat from the Tea Party a year earlier:
[…] “The best way to do it is how Brutus killed Caesar. Get real close, snuggle up, and shiv him in the ribs”…
Forgive me for mixing my metaphors here; but as each of the shiv-bearers appears, that’s when Trump is forced to deliver the whac-a-mole hammer. It’s like having an administration filled with establishment terror cells. Each cell acts independently, but each cell also acts based on a common objective: retain the UniParty.
The latest whac-a-mole example was Condi Rice’s embed plant and former Secretary of State Rex Tillerson popping his head up. But there are many more examples all around in various forms; including the self-serving GOP exit of U.N. Ambassador Nikki Haley.
When you think about the actual structure of the Republican state party machines; it’s enough to make you wonder if the mid-term outcome and lack of structural fight was not part of this dynamic. After all, “their” party was taken over by a new base and a new leader.
The same UniParty dynamic is visible in the way the FBI/DOJ and aggregate intelligence community were weaponized against Donald Trump – with Democrats and Republicans participating in the unlawful processes. Now, in the downstream consequence phase, we see a UniParty defense approach to block Trump from revealing what happened.
I’m not sure people fully completely understand this dynamic within “spygate”. It was not a targeting operation by democrats; republicans were just as complicit. The ongoing goal to eliminate candidate and president Trump is *not* partisan.
Which brings me to the current state of the advisers around the executive. Remember, there are trillions at stake here – and the downstream benefactors are both Republicans and Democrats who make up the UniParty.
Within the UniParty dynamic, in order to retain full financial benefit, the political class need to align with Wall Street priorities. That alignment means the UniParty needs to eliminate Main Street priorities that are adverse to their interests.
Border controls and immigration enforcement are adverse interests to the UniParty. Additional cross party alignment to benefit Wall Street surrounds: •budgets and massive government spending; •government controlled healthcare retention; •government controlled education (common core); •and most importantly the removal of any national economic and trade policy that would threaten the structure of the multinationals.
On all of these issues the Democrats and Republicans have an identical outlooks, common interests and mirrored legislative priorities. It is not coincidental that US Chamber of Commerce President Tom Dohonue also outlined these issues as primary priorities for his massive lobbyist spending.
There are trillions of dollars at stake; and we must never discount how far the Big Club participants will go to ensure the White House counselors are shaping their advice toward those objectives.
There are no MAGA lobbying groups in Washington DC advocating for policies that benefit economic nationalism. On this objective President Donald Trump stands alone.
We don’t need a third party in Washington DC, we actually need a second one.
by Hans von Spakovsky
by Hans von Spakovsky
President Donald Trump’s former attorney, Michael Cohen, may have been convinced by the Office of the U.S. Attorney for the Southern District of New York to plead guilty to a supposed violation of campaign finance law, but that doesn’t mean that what happened is actually a federal crime.
In fact, neither the Federal Election Commission — which is the independent agency tasked with enforcing the Federal Election Campaign Act — nor its former commissioners would likely agree with the overaggressive view that the Southern District is taking. Indeed, the Southern District’s aggressive stance on this issue might have violated the Justice Department’s own policy.
Robert Khuzami, the acting U.S. attorney standing in for Geoffrey Berman, who has recused himself from the Cohen case, says in the government’s sentencing memorandum that Cohen committed a campaign finance violation by arranging payments from corporations to two women — Woman-1 and Woman-2 (Karen McDougal and Stormy Daniels, respectively), who claimed they had affairs with Trump — in order to buy their silence. Cohen eventually invoiced the Trump Organization for the Daniels payment.
Khuzami asserts these were illegal corporate contributions to the Trump campaign because they were made with “the intent to influence the 2016 presidential election.” Thus, he claims, they were campaign-related expenses and all of the rules governing federal campaigns apply to the payments. But there are numerous problems with Khuzami’s claim.
First, his theory that anything intended to “influence” an election is a campaign-related expense fails to take into account the statutory limitation on this definition. FECA (52 U.S.C. 30114 (b)(2)) specifically says that campaign-related expenses do not include any expenditures “used to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the candidate’s election campaign.”
These payments were relatively small given Trump’s net worth — the kind of nuisance settlement that celebrities often make to protect their reputations, especially when faced with claims that will cost far more to defend than making a quick payoff without all of the bad publicity that usually accompanies such cases. Given Trump’s celebrity status, the potential liability to these women existed “irrespective of the candidate’s election campaign.”
As Trump’s lawyer, Rudy Giuliani, has said, the payment to Daniels was made “to resolve a personal and false allegation in order to protect the president’s family” and “it would have been done in any event, whether he was a candidate or not.”
On the one previous occasion that the Justice Department tried to argue that hush money payments to a mistress were a “campaign-related” expense, a jury also did not appear to buy the government’s theory. In the unsuccessful prosecution of former Democratic presidential candidate John Edwards, campaign donors made payments to Edwards’ mistress, Rielle Hunter, a videographer who was actually working on his presidential campaign.
Unlike Daniels and McDougal, Hunter was paid $1 million while directly working for the campaign and Edwards. Her payments did not go through the Edwards campaign’s account, but the government tried to claim they were campaign expenditures because they were intended to protect Edwards’ reputation during his presidential run and thus “influence” the election.
Yet a jury acquitted Edwards on the charge of accepting an illegal campaign donation and failed to reach a verdict — resulting in a mistrial — on the other charges, which included filing false reports with the Federal Election Commission for not listing the payments to his mistress.
The fact that a jury did not convict Edwards would not ordinarily mean that the government did not have a viable claim that a defendant violated the law. But consider this. Edwards had two former chairmen of the Federal Election Commission on retainer — Scott Thomas and Robert Lenhard — who were prepared to testify that, in their opinion, such payments to a mistress are not campaign-related expenses. Brad Smith, another former chairman of the commission, has similarly said that the hush money paid by Cohen is not a campaign-related expense.
So the government in the Edwards prosecution was unable to convince the jury that these were campaign-related expenses covered by federal campaign finance law. The Justice Department subsequently dropped its prosecution and never retried Edwards — in part, no doubt, because many other campaign finance experts called the case “legally flawed,” according to a Politico report in 2012.
And this wasn’t just their opinion — it was also the opinion of the Federal Election Commission. How do we know? Because as the chief financial officer for the Edwards campaign testified, when the Federal Election Commission audited the campaign, it determined that these payments were not campaign-related expenses that needed to be reported or run through the campaign. Thus, the commission said the federal rules governing campaign contributions and expenditures did not apply.
It is true that Justice Department prosecutors are not necessarily bound by the commissioners’ interpretation of the Federal Election Campaign Act. But according to the Justice Department handbook on election crimes, “Federal Prosecution of Election Offenses,” the prosecution of all campaign finance crimes must be coordinated with the Public Integrity Section of the Criminal Division in Washington, D.C.
No investigation or indictment can occur without a U.S. attorney first consulting with the Public Integrity Section, according to the handbook. In fact, this rule is set forth in the U.S. Attorneys’ Manual of DOJ (Sec. 9.85.210).
The long-time head of the Election Crimes Unit within the Public Integrity Section, who was the final word on all campaign finance prosecutions at the Justice Department before he retired, was Craig Donsanto. He wrote the handbook still used by federal prosecutors.
In a letter on Jan. 16, 2009, from Donsanto to Citizens for Responsibility and Ethics in Washington (CREW), Donsanto explained why the Justice Department would not be opening an investigation of the U.S. Chamber of Commerce over accusations that it had made illegal corporate contributions.
As Donsanto said, the role of the Justice Department in prosecuting cases under the Federal Election Campaign Act is “confined to prosecuting violations of the act’s provisions that are committed ‘knowingly and willfully.’” For a criminal violation to occur, “the application of the law to the facts of a matter must at the very least be clear, and there must be no doubt that the [Federal Election] Commission considers that the underlying conduct presents a [Federal Election Campaign Act] offense. That is not the case here.”
That is also not the case here regarding Cohen. As the Edwards case shows, the Federal Election Commission does not consider payments made to a mistress to be expenditures covered by the federal campaign law, and there is nothing in the public record to suggest that the commission has changed its mind since then. It is therefore unlikely that the prosecutors in this case followed the Justice Department’s own policy with respect to charging decisions in this area.
Just as important is Donsanto’s point about a “knowing and willful” violation of the law. That requires proof that a defendant clearly intended to violate the law.
How can Cohen or anyone else involved in these payments be charged with a “knowing and willful” violation of the law by facilitating these payments when numerous campaign finance lawyers, federal election commissioners, and the Federal Election Commission itself have all publicly opined that such payments do not violate the law in the first place?
Some Democrats such as Rep. scumbag-Jerrold Nadler, D-N.Y., are claiming that these supposed violations of campaign finance law are an impeachable offense. Apparently, they didn’t believe that the $375,000 civil penalty paid by Barack scumbag/lar-nObama’s 2008 campaign for campaign finance violations — one of the largest in the commission’s history — was an impeachable offense.
Some are saying that what the scumbag/lar-nObama campaign did was a civil violation, not a criminal violation. But as I have just explained, there is a strong argument that the payments made by Cohen were not violations of the law at all, civil or criminal.
By the way, if Khuzami’s legal theory is correct — that any payments made to settle such a claim are campaign-related expenditures because they are intended to protect the reputation of a candidate and thus influence the election — a lot of members of Congress are in potential trouble. Last year, it was reported that Congress has secretly paid out over $17 million to settle close to 300 cases by staffers claiming sexual and other forms of harassment and discrimination.
Such payments are obviously being made — in secret — to protect the reputations of senators and congressmen, many of whom will and have run for re-election. Does this mean that they are using taxpayer funds to pay campaign expenses? Is Khuzami going to open up investigations of all these settlements and all these members of Congress?
It seems pretty clear that the Federal Election Campaign Act wasn’t meant to cover what Cohen has pleaded guilty to, which is why the Edwards prosecution failed. It is also highly doubtful that if this case had been presented to the Federal Election Commission, where I used to serve as a commissioner, it would find a violation of the law.
No one can excuse the tax evasion and financial fraud charges to which Cohen has pleaded guilty. And as former Federal Election Commission Chairman Brad Smith recently said, we can probably all agree that these “payments to women were unseemly.”
But “that doesn’t mean they were illegal,” says Smith, regardless of the fact that the Southern District of New York convinced Cohen to plead guilty. ~The Patriot Post
Under scumbag/liar-nObama, the EPA widely expanded the Clean Water Act’s definition of navigable waters to include pretty much every conceivable form of surface water — even irrigation ditches and rain-filled potholes. It was a clear and outrageous case of government overreach.
In announcing the change, acting EPA Administrator Andrew Wheeler explained, “Our proposal would replace the Obama EPA’s 2015 definition with one that respects the limits of the Clean Water Act and provides states and landowners the certainty they need to manage their natural resources and grow local economies. For the first time, we are clearly defining the difference between federally protected waterways and state protected waterways. Our simpler and clearer definition would help landowners understand whether a project on their property will require a federal permit or not, without spending thousands of dollars on engineering and legal professionals.”
Predictably, Democrats and environmentalists were quick to misrepresent the definitional change, calling it a “sickening gift to polluters,” the “dirty water rule,” or as Sen. Tom Carper (D-DE) laughably insisted, “nothing short of senseless.” In reality, it was the 2015 EPA’s redefinition of “navigable waters” that was senseless.
The announcement garnered high praise from Republicans, however. “The 2015 rule was an expansion of federal power that used bureaucrat-speak to strip landowners of their rights and local governments of their ability to manage waters within their borders,” said Rep. Garret Graves (R-LA). “This new approach is the product of doing it the right way — openly, with the input of the American people.”
It should be normal to have clearly written rules with consistently limited definitions that any member of the public can understand without a lawyer. Regulations that are so overly broad that they prevent individuals from knowing if they are in compliance or not are bad, as they have the potential for abuse of power written all over them. Thankfully, the Trump EPA is seeking to clean things up. ~The Patriot Post
“No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.” —Article 1, Section 10, U.S. Constitution, pertaining to the states.
As of Tuesday, the Constitution was suspended in the state of New Jersey. Last June, one of six new gun-control laws signed by Democrat Gov. Phil Murphy banned the possession of any magazine capable of holding more than 10 rounds of ammunition. Moreover, state residents have 180 days to give them up, permanently modify them to hold 10 rounds or less, or transfer them to someone legally allowed to own them. Active-duty military and law enforcement officers “authorized to possess and carry a handgun,” as well retired police officers, are exempted.
New Jerseyans who fail to comply can be charged with a fourth-degree felony, subjected to a prison sentence of up to 18 months, up to a $10,000 fine, or both.
It gets worse. On Dec. 5 in a 2-1 ruling, the Third Circuit Court of Appeals upheld the law, rejecting a lawsuit filed shortly aft the law’s passage by the Association of New Jersey Rifle and Pistol Clubs and supported by the NRA. U.S. Circuit Judges Patty Shwartz and Joseph A. Greenaway Jr., both appointed by Barack scumbag/liar-nObama, insisted the law did not violate the Second Amendment because it reasonably advanced New Jersey’s interest in preventing mass shootings and does not “severely burden” the Second Amendment rights of the state’s law-abiding citizens.
That would be former law-abiding citizens turned potential felons as of Tuesday.
Dissenting Judge Stephanos Bibas, a Donald Trump appointee, forcefully disagreed, insisting the Court “watered down” those rights. “The Second Amendment is an equal part of the Bill of Rights. We must treat the right to keep and bear arms like other enumerated rights,” he declared, referring to the Supreme Court’s 2008 decision in District of Columbia v. Heller.
In fact, Bibas echoed the late Justice Antonin Scalia’s opinion when he wrote for the majority’s ruling in Heller. “We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding ‘interest-balancing’ approach,” Scalia declared. “The very enumeration of the right takes out of the hands of government — even the Third Branch of Government — the power to decide on a case-by-case basis whether the right is really worth insisting upon. A constitutional guarantee subject to future judges’ assessments of its usefulness is no constitutional guarantee at all.”
Unfortunately, New Jersey and the Third Circuit Court of Appeals are working toward the Second Amendment’s incremental elimination. And as columnist Daniel Horowitz reveals, both entities are hardly outliers. “Since the Heller ruling, five circuit courts have essentially abolished the ruling by allowing states to ban common weapons, common magazines, and any ability to carry any firearms outside the home,” he explains.
Horowitz further notes the same Supreme Court with a penchant for upholding constitutionally dubious interests has been rather sanguine when it comes to clamping down on courts that defy the “plain meaning” of the Constitution.
And no one made the meaning of “ex post facto” with regard to criminal law plainerthan Supreme Court Justice Samuel Chase in Calder v. Bull, a case adjudicated in 1798:
1st. Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action. 2d. Every law that aggravates a crime, or makes it greater than it was, when committed. 3d. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed. 4th. Every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offense, in order to convict the offender.
So where is SCOTUS? As of now sitting on the sidelines. But maybe not for long. The Association of New Jersey Rifle and Pistol Clubs has promised to appeal the decision that turns “one million honest citizens into felons for keeping property obtained legally that could be used for defending their lives,” stated the group’s executive director Scott Bach.
In the meantime, New Jersey plans to act. “We will enforce the law of the state,” Lt. Theodore Schafer of the New Jersey State Police said. “That’s our plan.” When asked for details, Schafer referred questioners to the attorney general’s office.
Leland Moore, a public information officer for the New Jersey Office of the Attorney General, was equally obstinate, refusing to answer any questions regarding how the state would deal with as many as one million gun owners who currently possess such magazines, including whether or not police would be conducting door to door searches. “We have no comment,” Moore said in response to numerous questions.
Ominously, New Jersey is hardly through with its efforts to eviscerate the Second Amendment. In October, Murphy announced a package of laws he wants the legislature to address in 2019, including one that would require ID from customers, and reports from retailers, for ammunition purchases.
In other words, a de facto gun-registry scheme. “When I took office this past January, New Jersey’s gun-safety laws were among the strongest in the nation,” Murphy declared. “But there is still significant action needed to address our nation’s gun-violence epidemic. As we close out 2018 and move into the new year, we will continue to be proactive in our efforts to save lives and prevent needless tragedies.”
Utter nonsense. Needless tragedies are not committed by law-abiding citizens looking to defend themselves, their families and their homes. Just as more and more Americans, marinated in a stew of progressive ignorance, are growing comfortable with banning “hate speech,” so too are they buying into the idea that targeting law-abiding gun owners will reduce violence committed by maniacs and felons.
Nothing reveals the utter bankruptcy of their “logic” more than so-called “gun-free zones.” Gun-free zones turned classrooms into killing fields at Virginia Tech, Sandy Hook, and Parkland, where the only thing more egregious than the extermination of utterly defenseless people was the reality that each shooter had ample time to reload — and reload — in the midst of perpetrating each atrocity, precisely because of that codified defenselessness.
If gun-control laws were the answer, Chicago would be the safest city in the nation. A total of 528 homicides so far this year suggests otherwise. So does the reality that cities with the highest homicide rates in the nation are overwhelmingly Democrat Party strongholds.
The same Democrat Party yearning to repeal the Second Amendment. Maybe banning Democrats would be a more effective strategy. ~The Patriot Post
{theconservativetreehouse.com} ~ Tick-tock-bombshell club member John Solomon drops an explosive statement on Sean Hannity... Oddly, there’s a factual part of his statement CTH agrees with; and a structural part of the background that is almost certain never to reach sunlight. First, the substance: […] “In May of 2017 there was a document identified to a small number of people in the United States government. It’s in the possession of the Defense Intelligence Agency. For eighteen months there’s been an effort to resist declassifying that document; I know that that document contains extraordinary exculpatory information about General Flynn. I don’t believe the president has ever been told about the existence of this document. One lawmaker discovered it, but was thwarted by the Defense Intelligence Agency in his efforts to disclose it. I think we should all ask for that declassification; get that out; it may enlighten the judge; it will certainly enlighten the American public.” From the time-frame disclosed we can reasonably infer what this document is; at least what background surrounds it. ♦“In May of 2017”… The document is likely part of an intelligence product that was produced for President scumbag/liar-nObama’s Daily Briefing (PDB), and contains unmasking information likely done by Susan Rice on Michael Flynn as a surveillance target. ♦“One Lawmaker discovered it”… You might remember way back in March 2017 when HPSCI Chairman Devin Nunes was taken to the White House SCIF by then white house official Ezra Cohen-Watnick; and that began a series of cascading events... https://theconservativetreehouse.com/2018/12/14/john-solomon-drops-a-tick-tock-bombshell-dia-holds-documents-that-can-exonerate-flynn/
The Justice Department announced an agreement with America Media Inc. (AMI), the parent company of National Inquirer, in which AMI claims it worked “in concert with” Trump’s campaign to kill a story about one of Trump’s now-infamous affairs], in order to conceal “damaging allegations about the candidate before the 2016 presidential election.”
The problem for Trump is that prosecutors now have two witnesses — both his former attorney Michael Cohen and AMI — claiming he knew the payoffs would support his campaign. If Trump directed and paid Cohen to make payments for the specific purpose of supporting his campaign and did not report the payment, that would constitute a felony. Notably, such felonious knowledge related to unreported campaign benefits are common in federal campaigns, and it is rarely prosecuted.
In his defense, Trump declared, “I never directed Michael Cohen to break the law,” and proving he did is a high bar for prosecutors.
Regarding the question of illegality, Hans von Spakovsky argues, “FECA (52 U.S.C. 30114 (b)(2)) specifically says that campaign-related expenses do not include any expenditures ‘used to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the candidate’s election campaign.’” He further adds, “These payments were relatively small given Trump’s net worth — the kind of nuisance settlement that celebrities often make to protect their reputations, especially when faced with claims that will cost far more to defend than making a quick payoff without all of the bad publicity that usually accompanies such cases. Given Trump’s celebrity status, the potential liability to these women existed ‘irrespective of the candidate’s election campaign.’”
There are two glaring examples that prove beneficial for Trump’s defense should charges be filed.
First, Recall, that the Justice Department failed to convict former North Carolina Sen. John Edwards on campaign finance violations when he ran for president in 2008, and that case is instructive. Edwards was tried on six felony charges after taking $1 million from two wealthy donors and using it to conceal his relationship with his mistress, Rielle Hunter. He faced up to 30 years in prison if he was convicted on all counts.
Regarding Edwards’ acquittal of those charges, Melanie Sloan, executive director for a campaign finance watchdog group, Citizens for Responsibility and Ethics in Washington, declared, “As noted by nearly every campaign finance lawyer who considered the matter, this was a lousy case.”
And how did the Leftmedia respond at the time? The New York Times noted it was “a case that had no precedent.” The Washington Post observed: “At the time, an array of legal experts, including former prosecutors, questioned the wisdom of bringing the charges against Edwards, saying it was an aggressive interpretation of campaign finance laws.” The Los Angeles Times reported, “The case was unprecedented; no major political candidate has been charged with campaign finance corruption for attempts to hide a mistress…” Even MSNBC’s Chris Matthews insisted, “This John Edwards trial, this was a waste of time, money and public attention.”
And Barack scumbag/liar-nObama was fined $375,000 for almost $2 million in campaign contribution “irregularities.” No demand for felony convictions or his impeachment.
But there is no chance that Trump will be exonerated of wrongdoing, as Democrats and their hostile Leftmedia propagandists are anxious for impeachment fodder. They will pull out every stop to advance these charges. ~The Patriot Post
by Marc A. Thiessen
On Saudi Arabia, Trump Is Channeling His Inner George H.W. Bush
by Marc A. Thiessen
In recent days, many have sought to contrast President Trump with President George H.W. Bush. But there is one area where Trump is channeling his inner George H.W. Bush — and not in a good way. His response to the murder and dismemberment of Jamal Khashoggi in a Saudi consulate echoes Bush’s handling of China’s crackdown on peaceful democracy protesters in Tiananmen Square.
We only recently learned how ruthless that Chinese crackdown really was, when a secret 1989 cable by Britain’s then-ambassador to China, Sir Alan Donald, was declassified. Student protesters were crushed by armored personnel carriers, which rolled over their bodies repeatedly until their pulverized remains were collected by bulldozer, incinerated and hosed down drains, the document said. “Wounded girl students begged for their lives but were bayoneted,” Donald wrote. “A three-year-old girl was injured, but her mother was shot as she went to her aid, as were six others.” One thousand survivors of the initial assault were told they could leave “but were then mown down by specially prepared MG [machine gun] positions.”
The cable ends with this chilling sentence: “Minimum estimate of civilian dead 10,000.”
China’s murderous brutality put Bush in an impossible position: He had to uphold American values while at the same time preserving a critical relationship with the men who carried out these horrific crimes. It is much the same quandary that Trump has faced in the wake of Khashoggi’s murder. Like Bush, Trump was faced with an inhuman act of violence that shocked the conscience of the nation. Like Bush, Trump had to impose consequences on the regime while balancing U.S. national interests in a critical part of the world. And like Bush, Trump has handled the situation poorly.
Bush was unapologetic about his outreach to Chinese leaders after the massacre in June 1989. “What I certainly did not want to do was completely break the relationship we had worked so hard to build since 1972,” Bush later wrote. “While angry rhetoric might be temporarily satisfying to some, I believed it would deeply hurt our efforts in the long term.” At the time, Bush lashed out in his diary at congressional leaders who wanted him to take a harder line, including Rep. Stephen Solarz, D-N.Y., whom he called “the kind of guy that was delighted about the overthrow of the Shah, not worrying about what follows on.” He sent a cringeworthy letter to Deng Xiaoping, in which he called the Chinese leader his “genuine ‘lao pengyou’” (old friend) and apologized for the punitive measures his administration had taken. “The actions that I took as President of the United States could not be avoided,” Bush wrote, “as you know, the clamor for stronger action remains intense. I have resisted that clamor, making clear that I did not want to see destroyed this relationship that you and I have worked hard to build.” Worse, Bush sent national security adviser Brent Scowcroft to Beijing, where he was photographed cordially clinking wine glasses with Chinese leaders at a state banquet.
Bush was right that the relationship had to be preserved. The opening to China was critical to peacefully ending the Cold War. But his eagerness to placate Chinese leaders, and his reticence in condemning those who committed such horrific crimes, harmed America’s moral standing in the world.
Today, when it comes to Saudi Arabia, Trump is — like Bush — in an impossible position. The United States must stand for human rights. But it must also preserve its relationship with Saudi Arabia, the only nation in the Middle East that can serve as a bulwark against Iran, the main strategic threat to U.S. interests in the region. Trump has tried to balance these conflicting responsibilities by imposing sanctions on 17 Saudis under the Global Magnitsky Act and declaring Khashoggi’s murder “an unacceptable and horrible crime” — while refusing to publicly blame Saudi Crown Prince Mohammed bin Salman for ordering it. He has correctly determined that the crown prince is not going anywhere and that a permanent breach with Riyadh is unacceptable. But the unapologetic way in which he has gone about it — touting how much we make from Saudi arms purchases while Secretary of State Mike Pompeo castigates critics in Congress and the media for “caterwauling” — has been unseemly.
One of the toughest challenges of the presidency is upholding American values while dealing with pro-American tyrants. Few presidents have done it well. In this sense, Trump is no different from his predecessors. We don’t know what Trump’s back-channel communications with the Saudi leadership have been like — perhaps he has been tougher in private than public. But we do know this much: They can’t be any worse than Bush’s plaintive entreaties to the butchers of Beijing.
~The Patriot Post
https://patriotpost.us/opinion/59988?mailing_id=3937&utm_medium=email&utm_source=pp.email.3937&utm_campaign=snapshot&utm_content=bodyAnother Bloated Farm Bill
by Nate Jackson: The Republican record over the last two years includes a few big wins — tax cuts and court nominations are among the best. It also includes some major failures, such as scumbag/liar-nObamaCare repeal and now the latest farm bill. Earlier this year, we pointed out how bad the farm bill was. It’s gotten worse. Nevertheless, the Senate passed it 87-13, and it now heads to the House.
For reasons known only to members of Congress, the farm bill is where food stamps are allocated, and that welfare roll takes up 80% of the bill’s dollars. Despite an economic boom spurred in large part by GOP tax cuts, some 40 million Americans still receive food stamps. That’s double the number from 20 years ago, and, while it’s fallen a bit from the Barack scumbag/liar-nObama highs, it hasn’t fallen enough. Yet many Republicans seemingly have no interest in real reform, even as the specter of Democrats taking over the House in January looms.
With employers desperate for Americans to fill a near-record seven million job openings, there has hardly been a better time to stiffen work requirements for food stamps and truly reform the program. But breaking the cycle of dependence is hard — both for able-bodied adults who’d rather get a government check for nothing and for the politicians who want their votes. Thanks to the Senate, this farm bill is extremely light on those work requirements and makes virtually no effort to shrink the welfare rolls.
Food stamps aren’t the only problem, however. The farm bill is also larded up with income redistribution that benefits mainly wealthy corporate farmers. A 2017 Congressional Research Service report found that “farms with market revenue equal to or greater than $250,000 accounted for 12 percent of farm households, but received 60 percent of federal farm program payments.” Meanwhile, the smallest 80% of farms account for just 10% of the subsidies.
And you don’t even have to be a farmer to qualify. National Review notes, “For example, despite efforts to close a loophole that allows family members of farmers to receive subsidies even if they do not live or work on a farm, the final version of the bill expands that loophole to allow distant relatives such as cousins, nieces, and nephews to qualify for subsidies. That subsidy is worth up to $125,000 a year, about twice 2017’s national median household income.” All you have to do is claim “management” responsibility in the proper paper work, and you too can cash in. Subsidies are politically helpful, however, in part because President Donald Trump’s tariffs have been so painful for farmers.
If anything typifies the swamp, it’s big spending legislation like the farm bill. And, for now at least, it’s business as usual.
~The Patriot Post
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By Craig Andresen – Right Side Patriots on American Political Radio
Let’s just face some hard, cold facts…truths that liberals aren’t going to like one little bit, but truths nonetheless.
After eight years of the Obama regime, and the possibility of his third term had Hillary won in 2016, America needed to be saved…not just from liberals and/or their socialist agenda…but from itself.
Let me explain…
Obama knew full well he wouldn’t be reelected based on performance, because his goal was to wreck America. He called in fundamental transformation, but make no mistake, his vision was to wreck it, but to win a second term for his regime, he would have to divide America in order to conquer America…hence…the rise of racial politics guided by Obama and the liberal elite.
Lincoln once said…