Displaying posts published in

June 2017

Marine Le Pen’s National Front Faces Reckoning After Loss in French Vote Abstentions among far-right leader’s backers in presidential vote harm party in parliamentary poll By William Horobin and Stacy Meichtry

PARIS—After knocking at the gates of power only a month ago, Marine Le Pen saw support for her far-right party crumble in Sunday’s first round of parliamentary elections, dashing its hopes of becoming France’s opposition party and an entrenched menace to the Europe Union.

President Emmanuel Macron’s fledgling party, La République en Marche, trounced mainstream parties across the political spectrum but forced the once-buoyant antiestablishment National Front in particular into a reckoning. Ms. Le Pen on Monday faced a final election result that showed the momentum that carried her in to last month’s second-round presidential vote had perished.

National Front candidates garnered only 13.2% of Sunday’s vote, compared with 13.6% in the last parliamentary election five years ago. Pollster Ipsos Sopra-Steria projected the party would end up with only between one and five seats in the 577-seat National Assembly, compared with between 415 and 455 for Mr. Macron’s party and its centrist ally.

What caused the collapse, pollsters and party officials say, is that the National Front’s primarily young, working-class base decided to sit out the parliamentary races. Around 57% of people who voted for Marine Le Pen in the presidential election stayed home for the parliamentary ballot, Ipsos Sopra-Steria said. The abstention rate among Macron voters was 38%.

The numbers stand in contrast to the National Front’s high expectations going into the 2017 races. In recent years, the party had drawn nearly a third of the vote in local, regional and European Parliament elections. CONTINUE AT SITE

Last week’s ratings are in: More bad news for the struggling Fox News Channel By Peter Barry Chowka

The cable television news channel ratings for the week of Monday through Friday June 5-9, 2017 are in and the news continues to be bad for the ailing Fox News Channel. According to TVNewser, which is part of adweek.com:

Rachel Maddow [on MSNBC] had the No. 1 show of the night [Friday June 9], and MSNBC won the week in Monday – Friday prime time among adults 25-54. Fox News remains on top of cable news in total viewers.

This is terrible news for the Fox News Channel which gradually started to lose its commanding 15 year long ratings lead after the firing of its most popular prime time host Bill O’Reilly on April 19. The post-O’Reilly schedule change at FNC – which moved the program The Five from 5 to 9 PM ET and Tucker Carlson from 9 to 8 PM – is proving to be a disaster, especially in the 9 o’clock hour as The Five is continuing to lose ground against the competition as time goes on.

On Friday, June 9, for example, Rachel Maddow, on MSNBC at 9 PM, bested The Five in the all-important 25-54 age group demographic by almost two to one: 647,000 to 370,000 viewers. In total viewers for that hour, Maddow and MSNBC also beat Fox News: 2,620,000 to 2,307,000 viewers. In past years, FNC wiped the floor with MSNBC in total viewers in almost every prime time hour because FNC’s viewers are on average a decade older than MSNBC’s, and older viewers, tending to be more conservative, have overwhelmingly gravitated to Fox News in the past.

That seems to be no longer the case. Overall, more people are tuning into cable news these days – presumably motivated by the unceasing attacks on the Trump Administration by MSNBC and CNN. This unmistakable wave of anti-Trump viewers is pumping up the numbers for MSNBC and, to an extent, CNN, both of which have emerged as frontline leaders in the “resist” Trump movement. Most likely, the ratings collapse of Fox News is accountable to both new anti-Trump viewers flocking to MSNBC and CNN while long time Fox News viewers, fed up with FNC’s obvious shift to the left, increasingly abandon the channel, either to seek other options for conservative news or to tune out altogether.

Last weekend’s cable news ratings will be available late Tuesday afternoon, and it will be interesting to see which of the three news channels triumphed on Saturday and Sunday, particularly with the second installment of Steve Hilton’s new weekly Fox News program on Sundays at 9 PM, The Next Revolution.

Obama and Holder Lied – Brian Terry Died By Daniel John Sobieski

The extent of the cover-up and the obstruction of justice in Fast and Furious is mind-boggling

As liberal McCarthyism continues searching for Russian monsters under Trump administration beds, it might serve us well to remember the Obama administration scandals, for which there were no special prosecutors appointed, no grand juries convened, not even a leaked memo to the New York Times via a friendly professor at Columbia University.

A few years ago, President Obama called the scandals swirling around his administration “phony scandals”. As The Hill reported in 2013:

“With an endless parade of distractions, political posturing and phony scandals, Washington has taken its eye off the ball,” Obama said in an economic address at Knox College in Galesburg, Ill…

Obama on Wednesday did not specify which controversies were “phony,” but the administration has been attacked over National Security Agency surveillance programs leaked to the public, the IRS’s targeting of conservative groups, the Department of Justice’s seizing of media phone records, and last year’s attack on the U.S. mission in Benghazi, Libya.

Phony scandals are those that do not have a smidgeon of evidence of a crime, like alleged Trump collusion with the Russians or obstruction of an investigation that was never stopped or even slowed down. Phony scandals do not produce body bags as the Obama administration produced in Benghazi and during Operation Fast and Furious — the Obama administration’s gun-running operation in which it armed Mexican drug lords and cartels with heavy weapons for which the U.S. Border Patrol had no match or protection. That gun-running operation led to the murder of U.S. Border Patrol agent Brian Terry.

On Wednesday, in the shadow of the Russia investigations and the testimony of former FBI Director James Comey, the House Oversight Committee produced a fact-laden report documenting the collusion between the administration of President Barack Hussein Obama and Mexican drug cartels and the obstruction of justice by Attorney General Eric Holder in this, er, “matter”. As Fox News reported:

Members of a congressional committee at a public hearing Wednesday blasted former President Barack Obama and his attorney general for allegedly covering up an investigation into the death of a Border Patrol agent killed as a result of a botched government gun-running project known as Operation Fast and Furious.

The House Oversight Committee also Wednesday released a scathing, nearly 300-page report that found Holder’s Justice Department tried to hide the facts from the loved ones of slain Border Patrol Brian Terry – seeing his family as more of a “nuisance” than one deserving straight answers – and slamming Obama’s assertion of executive privilege to deny Congress access to records pertaining to Fast and Furious….

Terry’s death exposed Operation Fast and Furious, a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) operation in which the federal government allowed criminals to buy guns in Phoenix-area shops with the intention of tracking them as they were transported into Mexico. But the agency lost track of more than 1,400 of the 2,000 guns they allowed smugglers to buy. Two of those guns were found at the scene of Terry’s killing.

“More than five years after Brian’s murder, the Terry family still wonders about key details of Operation Fast and Furious,” the committee’s report states. “The Justice Department’s obstruction of Congress’s investigation contributed to the Terry family’s inability to find answers.”

That executive privilege was even — we are not making this up — extended to cover Eric Holder’s wife. The extent of the coverup and the obstruction of justice in Fast and Furious is mindboggling. The statute of limitations has not run out and perhaps it is time to appoint a special prosecutor to investigate those, President Obama and Eric Holder, who are arguably guilty of criminal negligence in the death of agent Brian Terry and hundreds of Mexican nationals. As former ATF agent John Dodson wrote in 2015 in the Washington Times:

A political firestorm erupted when it was revealed that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), as part of a program dubbed “Operation Fast and Furious,” had provided Brian Terry’s murderers with the weapons used to take his life.

How to Send the Wrong Message to Palestinians by Bassam Tawil

In the eyes of many Arabs and Muslims, Trump is no longer the strong leader they feared a few months ago. Rather, he has proven to them that he too is susceptible to blackmail and intimidation. And when Trump caves, US credibility suffers. Had Trump gone ahead and fulfilled his promise to move the embassy, he would have earned the respect of many Arabs and Muslims, who would have looked to him as a proper leader.

A further point ought to be of extreme interest to the US: When the Palestinians and Arabs talk about the possibility that such a move would “harm” US interests in the region and “trigger violence and bloodshed,” they are actually threatening to launch terror attacks against American nationals and interests. That is why Trump’s recent decision not to move the embassy to Jerusalem is being understood in the Arab world as surrender to terrorism.

Consider what happened when Trump recently ordered a missile attack on Syria. Many Arabs and Muslims took to social media to heap praise on Trump for displaying courage. If and when Trump honors his promises, he will earn even more respect in the Arab and Islamic countries.

US President Donald J. Trump’s waiver delaying the relocation of the US embassy in Israel from Tel Aviv to Jerusalem accomplishes two things.

First, it disappoints many Israelis for failing to fulfill his pre-election promise. Second, and perhaps more importantly, it has sent precisely the wrong message to the Palestinians. What the Palestinians and other Arabs heard in this message is that the US president folds under pressure and threats.

This message of weakness and retreat harms not only Trump’s credibility, but also that of the US by making it appear a country that caves under threats of violence.

In general, it is Trump’s presentation of power that garners respect among many Palestinians and Arabs. The Arabs admire and respect such figures because they have been ruled for decades by ruthless tyrants and dictators such as Saddam Hussein. But the Arabs also respect leaders who keep their promises, even if they disagree with and oppose those promises.

Trump’s decision to delay the relocation of the US embassy came after repeated threats by the Palestinian Authority (PA) and some Arabs that such a move would “plunge the entire region into violence and bloodshed.” These threats began during Trump’s election campaign and escalated after he entered the White House.

President Donald Trump’s decision to delay the relocation of the US embassy in Israel (pictured) from Tel Aviv to Jerusalem came after repeated threats by the Palestinian Authority that such a move would “plunge the entire region into violence and bloodshed.” (Image source: Krokodyl/Wikimedia Commons)

Palestinian Authority President Mahmoud Abbas and his cohorts in Ramallah spearheaded the campaign of threats and intimidation. They even went as far as threatening to revoke their recognition of Israel’s right to exist if Trump dared to fulfill his promise.

Last January, Abbas was quoted as saying that the transfer of the US embassy to Jerusalem would prompt the Palestinians to withdraw their recognition of Israel.

“I wrote a letter to President Trump urging him to refrain from such a move. I made it clear to him that such a move would not only deprive the US of playing any legitimate role in solving the conflict, but would also destroy the two-state solution.”

Abbas’s mufti, Sheikh Mohammed Hussein, warned Trump that transferring the embassy to Jerusalem would be seen as an “aggression not only against the Palestinians, but against all Arabs and Muslims as well.” PLO Secretary-General Saeb Erekat joined the chorus of threats by warning Trump that moving the embassy to Jerusalem would “plunge the Middle East into violence and chaos.”

The Palestinian threats were accompanied by threats from some Arab governments and Islamic clerics. They too warned Trump that the transfer of the embassy to Jerusalem would trigger a wave of violence and jeopardize US interests in the Middle East. The former mufti of Egypt, Sheikh Ali Jum’ah, said that moving the embassy from Tel Aviv to Jerusalem would “constitute a grave escalation and threaten US interests in the region.” Another leading Egyptian Islamic cleric, Sheikh Ibahim Reda, warned that such a move would “trigger a wave of tensions in the region and constitute an aggression against Arabs and Muslims.”

Such threats on the part of Palestinians are nothing new. In fact, Mahmoud Abbas and his colleagues issue similar “warnings” whenever they do not get what they want. This is one of their favored tactics against Israel.

For example, the Palestinians used to warn that Israel’s construction of the security barrier in the West Bank would result in violence and anarchy. In reality, however, the security barrier has led to exactly opposite; it has halted suicide bombings against Israel, and saved the lives not only of Jews, but also Arabs who were killed in the wave of terrorism waged by the Palestinians during the Second Intifada.

“Palestinians warn” is one of the most popular results on Google Search.

More recently, for example, the Palestinians “warned” Israel against introducing a new curriculum for Arab schools in Jerusalem by claiming this would lead to the “Judaization” and “Israelization” of Jerusalem.

Last month, the Palestinians came out with another “warning” — this time, that if Israel does not comply with the demands of Palestinian prisoners who went on hunger strike, there would be a “new intifada.”

After 40 days of the hunger strike, the prisoners backtracked and ended their fast — although most of their demands were not met by Israel.

All this is added to the daily threats Abbas and many Palestinians have been making for the past two years regarding visits by Jews to the Temple Mount in Jerusalem. Hardly a day passes without another threat being issued by the Palestinians about these visits.

The Palestinians work hard to convince the world that routine and peaceful tours of Jewish groups and individuals to the Temple Mount are part of an Israeli “conspiracy” to destroy the Aqsa Mosque and “defile” Islamic religious sites. They have also been warning that the visits would trigger a “religious war” between Jews and Muslims and lead to a “big explosion” and an “earthquake” in the Middle East.

True, the Palestinian incitement over the Temple Mount visits has resulted in a wave of knife and car ramming attacks against Israelis, but no “religious war” has erupted and the Arab and Islamic countries do not seem overly concerned about Jewish visits to the Temple Mount.

These visits, by the way, have been taking place since 1967. The visits were suspended temporarily during the Second Intifada for security reasons, and were resumed about two years ago. It is also worth noting that Christian tourists also continue to tour the holy site — something that does not seem to bother Abbas and his PA friends.

Israel, for its part, has learned to live with the incessant Palestinian threats and warnings. But the international community continues to take these threats seriously, ignoring the fact that by doing so they are constantly sending the wrong message to the Palestinians. Surrendering to threats of violence only emboldens the extremists and paves the way for more violence and bloodshed.

How moving the US embassy to Jerusalem “destroys” the so-called two-state solution is rather a mystery.

If and when the US embassy is moved from Tel Aviv, it will be set up in the western part of the city and not in East Jerusalem, which the Palestinians are demanding as their future capital. Only one thing can be inferred from this — that the Palestinians also see the western part of Jerusalem too as part of their future capital.

The Palestinian and Arab threats of violence and chaos in the region sound laughable given the current state of affairs in many Arab countries, including Syria, Iraq, Egypt and Libya, where Muslims have been slaughtering each other — and Christians — for the past six years.

The turmoil in the Arab world — including the recent tensions surrounding Qatar — is completely unrelated to US policies in particular, and the Israeli-Palestinian conflict in general. Despite the myopia of Arab leaders and Islamic clerics, blood is already spilled at a rather alarming rate in the Arab countries.

The killings in Syria, Iraq and Libya will continue, regardless of whether Trump moves the US embassy to Jerusalem or not.

A further point ought to be of extreme interest to the US: When the Palestinians and Arabs talk about the possibility that such a move would “harm” US interests in the region and “trigger violence and bloodshed,” they are actually threatening to launch terror attacks against American nationals and interests.

That is why Trump’s recent decision not to move the embassy to Jerusalem is being understood in the Arab world as a surrender to terrorism.

From the Arab world’s point of view, it shows the US as cowing under the threat of violence.

Does anyone seriously believe that the leaders of the Arab and Islamic countries really care whether the embassy is located in Jerusalem or Tel Aviv? Don’t these leaders have enough to worry about, such as the Iranian threat to undermine the stability of their regimes and the threat of Islamic terrorism?

Bangladesh: Tipping Farther Toward Fundamentalist Islam? by Ruthie Blum

As soon as the statue of “Lady Justice,” blindfolded and holding a scale, was erected in the Bangladeshi capital, fundamentalist groups began to protest, on the grounds that the piece of art was “un-Islamic” and constituted idol-worship.

Since 2013, dozens of people have been slaughtered, many with machetes. Although ISIS claimed responsibility for many of the brutal killings, no formal investigation into the murders was ever launched.

Instead, Prime Minister Sheikh Hasina took the opportunity to arrest more than 11,000 people, only 145 of whom were Islamist terrorists. The rest were charged with crimes such as theft and drug-dealing, indicating that it might have been part of Hasina’s crackdown on critics since her election in 2008.

The arrest on May 26 of 140 secular activists in Bangladesh is the latest in a string of incidents indicating a disturbing shift towards Islamic fundamentalism in the East Asian parliamentary democracy.

The activists were rounded up by police during a demonstration against the government’s removal of a statue outside the Supreme Court building in the capital city, Dhaka. They were charged not only with holding an illegal gathering and obstructing justice, but with the attempted murder of the law enforcement agents dispatched to quell the protest.

The statue was a depiction of “Lady Justice” — the Greek goddess Themis (and Roman Justitia), blindfolded and holding a scale — this one wearing a sari. As soon as the iconic, universal symbol of jurisprudence was erected last December in the Bangladeshi capital, fundamentalist groups began to protest, on the grounds that the piece of art was “un-Islamic” and constituted idol-worship.

The Supreme Court of Bangladesh, in Dhaka. (Image source: F2416/Wikimedia Commons)

Although secularism is enshrined in the constitution of Bangladesh, a Muslim-majority country, Prime Minister Sheikh Hasina has been accused — with good reason — of accommodating Hefazat-e-Islam, an Islamist lobby group comprised of madrassah educators and students, which has called for the enacting of blasphemy laws. The group’s leader, Allama Shafi, is infamous for demanding the death penalty for atheists and anyone defaming Islam. He is also known for referring to women in derogatory terms, while urging parents not to educate their daughters past the fourth or fifth grade.

In a meeting in early April with Shafi and other Islamic scholars and imams, Prime Minister Hasina not only succumbed to the demand that Lady Justice be taken down, but said that she herself had been unhappy about its placement outside the Supreme Court. Within a few weeks, the statue was being taken down — in the middle of the night.

The ensuing protest in the streets and on social media by Bangladeshis bent on maintaining their country’s separation between mosque and state turned out to be effective, however, in spite of the mass detention of demonstrators. On Sunday evening, the statue was returned, albeit a few hundred yards from its original location, in a place less visible to the public.

Shafi’s response was both swift and sharp. “Do not play with our religious beliefs, national spirit and heritage,” he said, aiming his anger at the government. “Do not push the country towards the curse of Allah through such anti-Islamic activities.”

The Palestinian-North Korean Connection Ambassador (Ret.) Yoram Ettinger,

A thorough examination of the track record of the Palestinian Authority, the PLO, Fatah (all three headed by Mahmoud Abbas) and Hamas is a prerequisite for a realistic assessment of the nature of the proposed Palestinian state and its potential impact upon vital US interests in the Middle East.

North Korea has scrutinized these terror organizations since their inception, in 1959 (Fatah), and has identified the significant, long-term, geo-political synergies between them and Pyongyang. Hence, the systematic and elaborate geo-strategic cooperation, since 1966, between one of the most repressive, terroristic and anti-US regimes in the world and the Palestinian terror organizations, which have been systematically anti-American, role-models of international and intra-Arab terrorism, subversion and treachery. Similarly to North Korea, they forged alliances with the USSR and the ruthless East European communist regimes, collaborated with Iran’s Ayatollahs, fomenting egregious systems of hate-education, incitement and repression.

Furthermore, Pyongyang is aware of the Palestinian trail of anti-Jewish and (mostly) intra-Arab terrorism during the 1920s, 1930s and 1940s, their collaboration with the Nazis, and their 1951 murder of Jordan’s King Abdullah, while the monarch prayed in Jerusalem’s Al Aqsa Mosque. The ruthless totalitarian Kim Jong-un sympathizes with the PA’s Mahmoud Abbas’ twelfth year of (what was to be) his first four-year-term, refusing to hold an election.

North Korea considers its ties with the Palestinians compatible with its paramount strategic goal: the erosion of the US power projection in the Korean Peninsula, the Middle East and throughout the globe. Therefore, Pyongyang has attempted to destabilize pro-US regimes, while forging cooperation with regimes, which are rivals of – or hostile to – the US and its allies, such as Israel.

North Korea has supported terror organizations – which have targeted the US and its allies – providing them with training, military supplies, communications technologies, and expertise on the construction of tunnels and fortifications.

Why Won’t Abbas Accept “Two States for Two Peoples”? by Alan M. Dershowitz see note please

That did not take long….Alan Dershowitz who has been clear on anti-Semitism, the Comey duplicity, and the UN returns to the tired and discredited and ahistorical drivel of the 2 State (dis)solution of Israel. There are two states for two people! One is Israel from the Mediterranean to the Jordan River, and the other is Jordan from the River to 92% of Palestine…rsk

Over the years, and to the current day, they continue to want no state for the Jewish people more than they want a state for Palestinian Arabs.

The general idea of a two-state solution – which Abbas has nominally supported – does not specify that one state would be for the Jewish people and the other one for the Arabs.

When the Palestinian leadership and people want their own state more than they want there not to be a state for the Jewish people, the goal of the 1947 U.N. Resolution – two states for two peoples – will be achieved. A good beginning would be for Abbas finally to agree with the U.N. Resolution and say the following words: “I accept the 1947 U.N. Resolution that calls for two states for two peoples.” It’s not too much to ask from a leader seeking to establish a Palestinian Muslim state.

There is a widespread but false belief that Mahmoud Abbas is finally prepared to accept the two-state solution proposed by the U.N. in November 1947 when it divided mandatory Palestine into two areas: one for the Jewish People; the other for the Arab People. The Jews of Palestine accepted the compromise division and declared a nation state for the Jewish people to be called by its historic name: Israel. The Arabs of Palestine, on the other hand, rejected the division and declared that they would never accept a state for the Jewish people and statehood for the Palestinian people. They wanted for there not to be a state for the Jewish people more than for there to be a state for their own people. Accordingly, they joined the surrounding Arab armies in trying to destroy Israel and drive its Jewish residents into the sea. They failed back then, but over the years, and to the current day, they continue to want no state for the Jewish people more than they want a state for Palestinian Arabs. That is why Abbas refuses to say that he would ever accept the U.N. principle of two states for two peoples. I know, because I have personally asked him on several occasions.

In a few months, Israel will be celebrating the 70th anniversary of the historic U.N. compromise, but the leaders of the Palestinian Authority still refuse to accept the principle of that resolution: two states for two peoples.

President Trump, for his part, has expressed an eagerness to make “the ultimate deal” between the Israelis and the Palestinians. This has propelled discussions about the dormant peace-process back into the spotlight. Shortly before travelling to the Middle East – where he met with Prime Minister Netanyahu in Israel and President Abbas in Bethlehem – Trump invited the Palestinian leader to the White House. Abbas was last at the White House in March 2014 shortly before the Obama administration’s shuttle diplomacy efforts –led by Secretary of State John Kerry – fell apart.

MY SAY: WOULD YOU HIRE THIS LAWYER?

1.In May he said he was “mildly nauseous” about the possibility he effected the election, but has no regrets…..He also claimed that the Clinton e-mail investigation and Loretta Lynch gave him a “queasy feeling.” He seems prone to visceral symptoms.

2.He admits that he is not “Captain Courageous” and did not stand up to a man who was “pressuring him” or report the incident, and that he bowed to Loretta Lynch’s request to call an investigation “a matter” and did not report the incident.

3.He contradicts himself often….After disclosing that Hillary Clinton used her private e-mail for classified material in “the matter”,in July he exonerated her, stating that “no reasonable prosecutor would bring such a case” although she and her aides had been “extremely careless”with classified material. Never mind that there was destruction of evidence- more than 30,000 e-mails disappeared, and Mrs. Clinton lied about it.

4.At the Congressional hearing on “the matter” he caved to a serious grilling by Representative Jim Jordan and Trey Gowdy, with the weaselly response ““You can call us wrong, but don’t call us weasels….. We are not weasels.” Okay then, not weasels just duplicitous, perfidious, untrustworthy, partisan, dishonest and Janus-faced?

5.Again, at the recent testimony to Congress he went off message by revealing that he had leaked a memo to a friend who leaked it to the New York Times, and then disclosed how former Attorney General Loretta Lynch actually tried to subvert an investigation and how he failed to report the “matter.” The latter was not leaked…maybe he was too queasy

6. He revealed that Donald Trump was not under investigation; the Russians had not hacked the election; and Trump encouraged him to proceed with the Russian investigation;- all of which blurred his anti-Trump campaign. Not leaked.

Finally, CNN- Gurgly Gergen, overwrought Toobin, and Borger hated him and painted him as a political hack before they loved him and praised his intellect and probity. They were right the first time.

Would you hire this lawyer? rsk

Thinking about the Comey Memos His leaking, at the very least, was improper. By Andrew C. McCarthy

The commentary about James Comey’s memoranda has been all over the map. The former FBI director says he made memos contemporaneous to, or immediately after, all nine of the meetings or phone calls he recalls having had with Donald Trump, when the latter was president-elect and, later, president. Comey acknowledges that he orchestrated the leak of at least one memo — or rather, a snippet mined from its contents — to the New York Times. All of the memos, he testified, have now been surrendered to the special counsel, Robert Mueller.

George Washington University’s Jonathan Turley does a good job in The Hill outlining much of the relevant law. One major issue is whether these documents belonged to Comey, in the sense of being his property rather than the government’s. That is the position he took in his testimony. Like Turley, I think the former director is wrong.

As a longtime prosecutor, I have a black-and-white test for this sort of thing: Would a judge in a criminal trial consider the documents to be government property for purposes of federal discovery law?

That law requires the government to disclose to the defense any prior statement made by a witness, written or otherwise recorded, that is in the government’s possession. It also mandates that the government disclose any information that is material to the preparation of the defense (such as evidentiary exhibits that the prosecution plans to introduce into evidence). Finally, the government must produce any exculpatory evidence — meaning, any evidence that (a) suggests the accused is not guilty, (b) contradicts the prosecution’s theory of the case, or (c) could be used to impeach a witness’s testimony.

Comey’s notes may fall into all three of those disclosure categories. Let’s imagine that Democrats get their dream scenario: President Trump is charged with obstruction. (As I’ve observed several times — see, for instance, here and here – there is no prosecutable obstruction case, but let’s stick with the hypothetical.) Comey could be a witness at trial; his memos could be evidence; and the memos contain exculpatory information (e.g., Comey’s recollection of Trump’s actual words expressing “hope” that the FBI would drop the Flynn investigation are inconsistent with the inference Comey now draws that Trump was ordering him to drop the Flynn investigation).

With that as our hypothetical, what would happen if a prosecutor in the case argued to the presiding judge that the government did not need to disclose Comey’s notes because they are his personal property and not in the government’s possession? Rest assured, the judge would blow a gasket, and rightly so.

The memos were written by an FBI official, apparently on FBI equipment, and related directly to FBI investigative business. Indeed, the fact that investigative business was central to Trump’s conversations with the former director is what induced Comey to write the memos: He perceived the president’s statements as political intrusion into law-enforcement investigations and intelligence probes. The memos were thus government property, and the then-director was obliged to make sure they were retained in government files.

That does not mean it would have been improper for Comey to keep a copy of them for himself. But doing that would not change the character of the memos as government property, and it would not relieve Comey of the obligation to comply with all government disclosure restrictions on the contents of the memos. At the Federalist, Bre Payton reproduces a copy of the standard FBI employment agreement, making a persuasive argument that Comey’s memos are government property and that the former director’s disclosure of information in them to unauthorized persons violated the employment agreement’s terms.

Alan Moran:If Boris Johnson replaces Theresa May, the UK will have a Donald Trump of sorts — an advocate of the political good sense in reducing the size of government as a basic principle. That would be a start, but no more than start, if democracy has both the will to survive and a realistic hope of doing so.

There’s Free Cheese in Every Mousetrap

Theresa May is tarred with having been the cause of the Conservative’s near-disastrous election result. Having been voted to lead her party less than a year ago, following a Brexit vote she opposed, everyone now seem to be blaming the debacle on her lack of judgement, wooden personality and absence of charisma.

Some blame her for going to the polls unnecessarily early. Yet it was not so long ago that this seemed a stroke of Machiavellian genius: she faced a Labour Party in open revolt against a leader whose crypto-communism and consorting with terrorists would surely doom his party to a crushing defeat and a decade in the wilderness. The early campaign seemed to confirm these prognostications. Labour fought on a platform that few in the mainstream media could support. The platform was a children’s wish list which included.

Lots of free stuff like electricity price caps, child care and higher education and no extra taxation except on that noxious 5 per cent super rich.
Interest free loans for homeowner property improvements
60 per cent zero carbon/ renewables by 2030 and a ban of fracking for gas.
Higher wages for teachers and child care workers
Nationalisation of water and energy networks; and
A £250 billion infrastructure fund.

During the campaign several of Jeremy Corbyn’s key personnel demonstrated a total lack of awareness of the policy – the hapless shadow home secretary, Diane Abbott, was a vacuum of policy ignorance and a treasure trove of asinine quotes (“You can’t defend the indefensible – anything you say sounds self-serving and hypocritical”). Yet there was a huge swing to Labour and Ms Abbott increased her own majority by 11,000.

Theresa May is criticised for trying to slip in a few policies under which people would need to pay more of their own way (including for respite care). Those reproaching her for this may be correct, but only because they are part of the school which sees as inevitable a limitless ratcheting up of communal versus individual payments.

However, Mrs May also played the tooth fairy, with more spending on education, raising the lower thresholds for income tax, and a cap on energy prices (ironically, the Democratic Unionist Party was alone in not seeing the electricity supply industry as an overflowing tank of revenues with which to buy votes). The Conservatives had some vague notions of a balanced budget some time in the next decade; and they also had tougher immigration policies (they always do — and they always fail to implement them).

So, what does voters’ refusal to endorse Theresa May and their increased support for Labour (and in Northern Ireland the terrorist Sinn Féin party) tell us?

It would be encouraging to fall back on blaming the Conservatives’ poor campaigning and vigorous campaigning by Mr Corbyn. But the more plausible answer is that people voted for those who would provide them more of what they want. One part of this is the amplified government spending and regulatory gifting which has increasingly undermined fiscal policy over the past century. People’s wants, as economists often proclaim, are insatiable, and those wants being met without having to earn them are especially valuable. The mob will flock to politicians who give them things and it will care little about how these gifts came to be afforded – after all, the popular media is full of stories featuring rich people with fancy lifestyles, and there is an assumption that such affluence can be harvested for the gift-receivers without that reaping affecting the size of the magic pudding. In past centuries, revolts of taxpayers against the government acted as a check on its size, but the balance of power has now shifted to the recipients of taxpayers’ wealth.

Another part of the answer may be Mr Corbyn’s softer approach to terror and immigration. From afar this is difficult to comprehend, especially as the London bombings came part way through the campaign. But for many, appeasement is the preferred approach to combatting terror. Like LGBTQIwerty folk for Islam and the US counter-demonstrators who, only this weekend, outnumbered demonstrators against Sharia Law, many feel that if we are less aggressive against Islamic preferences and more understanding of the bombers’ perspective we will see an abatement of the harm they inflict. Supporting this are commentators blaming militant Islamic terror on the West for fighting what are depicted as proxy wars against Islam in Libya, Iraq and Israel. Appeasement is the first step toward capitulation, as painted in the France of Michel Houellebecq’s novel Submission.