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November 2018

John Roberts Is Wrong. America’s Courts Are Obviously Politicized By Margot Cleveland

http://thefederalist.com/2018/11/26/john-roberts-wrong-americas-courts-obviously-politicized/
FROM AUSTRALIA—-UPFRONT FROM DOWN UNDER

Supreme Court Chief Justice John Roberts’ attempt to defend the independence of the judiciary, in light of President Trump’s comments that courts are politicized, did more harm than good.

Last week, after San Francisco-based federal judge Jon Tigar blocked enforcement of the administration’s recently updated asylum regulations, President Donald Trump condemned the decision, calling Tigar an “Obama judge.” “It’s a disgrace what happens in the Ninth Circuit,” Trump complained to reporters, adding that in practically every case plaintiffs file in the Ninth Circuit “we get beaten and have to go to the Supreme Court and we win.”

Chief Justice John Roberts responded to the president’s criticism with his own: “We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” he said in a statement issued Wednesday by the Supreme Court. “What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for,” Roberts concluded, in a nod to the then-upcoming national holiday.

As is his wont, Trump took to Twitter, telling the chief justice we “do indeed have ‘Obama judges,’ and they have a much different point of view than the people who are charged with the safety of our country.” The next day Trump hit the theme again in a pair of tweets that began, “Justice Roberts can say what he wants, but the 9th Circuit is a complete & total disaster.”

Will an Obama judge let this terrorist suspect off without admitting guilt on terrorism? By Thomas Lifson

He pressed a detonator on a bomb outside a restaurant, but a federal judge indicates she will allow him to avoid a trial without admitting guilt on a terrorism charge. That’s the situation in a federal terrorism case today in Chicago, and an Obama-appointed judge deserves to be in the national spotlight over her treatment of what is expected to be a most unusual plea. Jason Meisner of the Chicago Tribune explains:

Suburban Hillside teen Adel Daoud was bent on committing a terrorist attack in the Chicago area when he compiled a list of potential targets in August 2012 that included movie theaters, a suburban shopping mall, numerous bars and nightclubs, even a military recruiting center, according to federal prosecutors.

Daoud’s handwritten notes indicated he wanted it to be a “big bomb” and that people would “have to know it’s a terrorist attack,” prosecutors say.There’s more than a note indicating Daoud’s intent to commit a lethal act of terrorism:

A month later, Daoud was arrested by the FBI as he stood in an alley in Chicago’s Loop, pressing the detonator on what he thought was a 1,000-pound car bomb hidden in a Jeep Cherokee he’d parked outside his selected target — the Cactus Bar & Grill on South Wells Street, authorities said.

Mass murder was obviously the intent. And yet, Daoud is reportedly ready to avoid trial without admitting guilt on a terrorism charge:

Austrian Chancellor Sebastian Kurz stakes staunchly pro-Israel position at Vienna conference By Orit Arfa

https://www.jns.org/austrian-chancellor-sebastian-kurz-stakes-staunchly-pro-israel-position-at-vienna-conference/

“Anti-Semitism and anti-Zionism are getting blurred, but they are two sides of the same coin,” said the Australian leader, noting his country’s laden past regarding European Jewry. “We can’t undo history, but we can do justice to our history.”

Amid debate about the European right and a wave of anti-Jewish sentiment and actions, conservative Chancellor Sebastian Kurtz of Austria has positioned himself and his government as a leader in the fight against anti-Semitism by convening the Nov. 21 conference “Beyond Anti-Semitism and Anti-Zionism: Securing Jewish Life in Europe” in the context of the Austrian Presidency of the European Council.

The event evolved into a celebration of friendship between Austria and Israel, with Dr. Moshe Kantor, president of the European Jewish Congress, presenting Kurz with the “Navigator to Jerusalem Award” at the conference gala.

“This is possibly the first time a nation which holds the European Union Presidency has attempted to address anti-Semitism and anti-Zionism in a constructive and holistic manner,” Kantor told JNS. “We are grateful to the Austrian government for partnering with us, and accepting the role of pushing for lasting and durable solutions to increasing anti-Semitism.”

The European Jewish Congress presented senior leaders with a “Catalogue of Policies to Combat Antisemitism,” which includes, first and foremost, the worldwide adoption and implementation of the International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism.

Ruthie Blum :Netanyahu, Iran and threats that have come to light

https://www.jns.org/opinion/netanyahu-iran-and-threats-that-have-come-to-light/

Without the prime minister’s persistence in exposing the extent of threat posed by the regime in Tehran, as well as his forging of alliances to combat it, Israelis would not have the luxury to laugh at his diagrams.

In an address to the nation last Sunday, Israeli Prime Minister Benjamin Netanyahu responded to critics angry with him for agreeing to a premature ceasefire with Hamas, and those accusing him of being more preoccupied with keeping his government from falling than with implementing wise policies.

“Most Israeli citizens know that when I make security-related decisions, I do so … out of a genuine and deep concern for the welfare of our country, the security of our citizens and the safety of our soldiers,” he said. “These are not slogans.”

He went on to state ominously that a multi-pronged operation is in the works. “I have a clear plan,” he announced. “I know what to do and when to do it. And we are going to do it. … This will involve sacrifice, but … we will overcome our enemies.”

Netanyahu seemed to imply that he was not solely referring to “our enemies” in Gaza or Ramallah, but to the mullahs in Tehran. Those of us convinced that his incessant harping on the Iranian nuclear threat is warranted can only imagine, with both hope and trepidation, what his “clear plan” entails.

The remaining minority of the Israeli public thinks that Netanyahu dangles the dangers of a nuclear Iran as a scare tactic to garner votes. This sector is responsible for ridiculing him every time he opens his mouth on the topic, especially when he whips out props for backup.

The most famous example is a cartoon-like diagram of a bomb that he held up during a speech to the U.N. General Assembly in 2012. To stress his point about the need for the international community to draw red lines on Iran’s nuclear program, he drew an actual red line between the base of bomb and the fuse. For this, he was made fun of relentlessly by every Israeli comedian, satirist, caricaturist and rival politician for months.

Monica Lewinsky: Clinton Told Me to Lie about Affair in Sworn Affidavit By Jack Crowe

https://www.nationalreview.com/news/monica-lewinsky-bill-clinton-told-me-to-lie-about-affair-in-sworn-affidavit/

Then-president Bill Clinton urged Monica Lewinsky to lie to investigators about their affair while under oath, Lewinsky revealed in the final episode of the new A&E docuseries The Clinton Affair.

Lewinsky, 45, described in the episode how Clinton called her at 2:30 a.m. one morning to inform her that she was on the witness list in the Paula Jones case and urged her to submit a sworn affidavit denying their affair in order to avoid being deposed.

“I was petrified. I was frantic about my family and this becoming public,” Lewinsky said through tears. “Thankfully, Bill helped me lock myself back from that and he said I could probably sign an affidavit to get out of it, and he didn’t even know if 100 percent I would be subpoenaed.”

Lewinsky, then a 24-year-old White House intern, was subpoenaed days later and, in response, reached out to Clinton’s friend, attorney Vernon Jordan, who introduced her to another attorney and Clinton associate, Frank Carter.

“Frank Carter explained to me if I’d signed an affidavit denying having had an intimate relationship with the president it might mean I wouldn’t have to be deposed in the Paula Jones case,” she said. “I did feel uncomfortable about it but I felt it was the right thing to do, ironically, right? So, the right thing to do, to break the law.”

Lewinsky then speculated that Clinton still trusted her to lie to investigators at that point because he returned from vacation on Martha’s Vineyard with a number of gifts for her.

What’s Really in Congress’s Justice-Reform Bill By Tom Cotton

https://www.nationalreview.com/2018/11/first-step-criminal-justice-reform-bill-whats-in-it/The bad outweighs the good.

It remains to be seen whether the lame-duck 115th Congress will debate a sweeping overhaul of our federal criminal-justice system before we adjourn for the year. You may have heard about the legislation at hand, the FIRST STEP Act. I oppose it. I urge my fellow conservatives to take the time to read and understand the bill before signing on in support of this flawed legislation.

The 103-page bill that was released the Friday before Thanksgiving has some good parts, and I don’t question the intentions of the bill’s proponents. But you may have noticed that they talk more about their intentions than about the consequences of the bill. As conservatives, we know that good intentions say little about actual consequences. And to paraphrase Thomas Sowell, intellectuals who generate ideas with good intentions rarely have to face the consequences of those ideas personally.

When proponents of the bill discuss the substance, they claim that “nothing in the FIRST STEP Act gives inmates early release.” Instead of early release, proponents say, it merely provides incentives for inmates to participate in programs. This is nothing but a euphemism. Let there be no doubt: If the bill is passed, thousands of federal offenders, including violent felons and sex offenders, will be released earlier than they would be under current law. Whatever word games the bill’s proponents use will make no difference to the future victims of these felons.

Proponents also claim that only “low-level, non-violent” offenders will benefit, and that there are adequate safeguards to protect the public. If I believed these assertions, I would support the FIRST STEP Act. But a careful reading of the bill’s text, as opposed to the talking points used to promote it, shows that violent felons are eligible for early release, and that many of the bill’s provisions go against core conservative principles.

For background, according to the Department of Justice, the Senate version of the FIRST STEP Act creates a new “time credit” system that allows federal prisoners to accrue credits by participating in “evidence-based recidivism reduction programming or productive activities.” These new credits are in addition to existing “good time” credits and are worth up to one-third of the offender’s sentence.

The first problem with this new system is that “productive activities” is defined so vaguely that, according to the Bureau of Prisons, playing softball, watching movies, or doing activities that the prisoners are already doing today will result in new time credits. The whole idea behind these incentives is that prisoners will be less likely to recidivate upon release. But if the credits are this easy to get, how will this change the behavior of serious felons?

Chanukah guide for the perplexed, 2018 Yoram Ettinger

https://bit.ly/2KxtSRi

1. The miracle of Chanukah. According to ancient Jewish sages, Chanukah highlights a critical, non-conventional interpretation of the term “miracle,” which is a derivative of – and not superior to – reality. Thus, the Hebrew translation of “miracle” – Ness נס – is the root of the Hebrew translation of “(life) experience” – נסיון.

Accordingly, that which is conventionally perceived to be a super-natural outcome/miracle, attests to the unique capability of genuine leaders to overcome awesome odds, challenges, threats and adversities by leveraging personal, national and global experience, in addition to their outstanding capability to assess and impact future developments. Such capabilities shaped the victories of the Maccabees over the Seleucid Emperor in the 2nd century BCE, the US Founding Fathers over the British Empire in 1776 and the 650,000 Jews over the coalition of invading Arab armies in 1948.

2. The Chanukah-David Ben Gurion connection. Such a unique capability – to realistically and strategically assess past experience and future trends – was demonstrated by a modern day Maccabee, David Ben Gurion, the 1948 Founding Father and the first Prime Minister of Israel, who stated (Uniqueness and Destiny, pp 20-22, David Ben Gurion, IDF Publishing, 1953, Hebrew): “The struggle of the Maccabees was one of the most dramatic clashes of civilizations in human history, not merely a political-military struggle against foreign oppression…. The meager Jewish people did not assimilate, as did many peoples. The Jewish people prevailed, won, sustained and enhanced their independence and unique civilization…. The Hasmoneans overcame one of the most magnificent spiritual, political and military challenges in Jewish history, due to the spirit of the people, rather than the failed spirit of the establishment….”

Chanukah 5779: Vilification, Indoctrination, Corroboration… by Gerald A. Honigman by Gerald A. Honigman

www.geraldahonigman.com

As I prepare to try to once again fill in some important gaps which too many Jewish students–let alone others–have in education prior to or during their years of anti-Israel higher indoctrination and vilification on many, if not most, campuses, Chanukah 5779/2018 is fast approaching.

This endeavor will serve as a follow-up to my last analysis with this goal in mind. That earlier one dealt with, among other things, what perhaps the greatest Muslim scholar of all time, Ibn Khaldun, had to say about both the historical Jew and the Jew of the Nations–Israel–some six centuries ago… https://ekurd.net/asabiyah-wandering-desert-2018-11-18. If I say so myself, like this current essay, the former is also just what the doctor ordered when confronting groups like SJP/Students for Justice in Palestine (which is having its annual hate Israel fest conference at UCLA as I write this), J Street U, and duplicitous “Progressive” professors who specialize in using one set of lenses to scrutinize Israel and Zionism, and an entirely different set with regards to the rest of the neighborhood.

With that said, what you’re about to read is something precious to those interested in historical truths–not just religious and theological claims and inspiration…corroboration.

Too many of our younger folks (not to mention parents) are simply naive in these matters, and when confronted by hostile instructors and groups on campus, either cower or join the increasingly popular anti-Israel (and frequently anti-Semitic) chorus.

Let’s begin…

Chanukah is the first war ever recorded which was fought over religious liberty and it was waged by the Jewish nation…the one which Zionism’s opponents claim never existed.

One (very important) aspect of that nation–besides its unique culture, language, and so forth–indeed included a religious dimension, and there are prominent professors, not just Arab ones, who claim that since Jews are just a religious community, they do not deserve to have a state of their own…http://www.israelnationalnews.com/Articles/Article.aspx/4068

So, what’s the story?

For millennia, Jews have had a very unique set of religious beliefs and ethical standards which they are supposed to adhere to. One could join the nation of the people of Israel/Judah/Judea by conversion to the religious faith of that people.

“Jew” comes from the name Yehudah/Judah, originally the Hebrew tribe named after one of Jacob’s sons and later Judah/Judaea as the land was known in the times of the southern kingdom and the Greeks and Romans.

Judaean equals “Jew.”

The Green Book – A Review : Marilyn Penn

http://politicalmavens.com/index.php/2018/11/26/the-green-book-a-review/

Sometimes a movie that’s been panned turns out to be more enjoyable than those that appeal to critics who pay attention to words like auteur and oeuvre. Sometimes a bowl of mac and cheese is preferable to pate de foie gras and so it is with great pleasure that I urge you to treat yourself to some comfort food in the sizable portion of Viggo Mortenson as you haven’t seen him before.

Playing a mob-connected, volatile bouncer who loses his job at the Copacabana, Viggo accepts a temporary job as chauffeur to Dr. Don Shirley, a classically trained pianist and head of a trio who must do a road trip from New York to the deep south. He needs a man like Viggo, trained in the public relations insights of bouncers because Dr. Shirley is a black man who will be barred from hotels, clubs and dining rooms yet is determined to provoke precisely those confrontations while en route.

To a certain extent, the set-up is a reverse rip-off of Driving Miss Daisy with a working class white man chauffeuring an elite and educated black man who trained in Russia, speaks multiple languages, knows little about pop music or its new stars but is immensely gifted and sought after as a performer. These two men have virtually nothing in common and the gentle comedy that ensues from their mismatch is what fuels the plot. It is the best part of the movie which loses its panache when it tries to drive home the already obvious message – segregation was bad and racists resisted the legal efforts to integrate the south.

Part of the problem is that Dr. Don Shirley, a man invested in the power of personal dignity is a stiff-necked goody two-shoes, determined to correct Viggo’s grammar, speech patterns and habits learned in the old neighborhood in the Bronx. We are amazed at his talent and genius (he was a real person for those who never heard him). But of course, Viggo – handsome even with a paunch – has the charm and common sense that often tag along with the personalities of bad boys and he remains the object of interest throughout.

Don’t minimize the skill involved in his performance – he is never out of character for a single moment and though he works with gangsters and people who don’t wait for backtalk, he manages to make us believe that he’s primarily a family man with a genuine capacity for friendship and love. Think Damon Runyon along with the mis-pronunciations and misunderstanding of vocabulary to distract us from what gangsters do. This movie will remind you of that disarming author and you’ll really enjoy yourself without working too hard. Just see it.

Junk Science Has Become a Profitable Industry. Who Will Stop It? . By S. Stanley Young & Henry Miller

https://www.realclearscience.com/articles/2018/11/26/junk_science_has_become_a_profitable_industry_110810.html

Should we believe the headline, “Drinking four cups of coffee daily lowers risk of death”? How about, “Mouthwash May Trigger Diabetes. . .”? Should we really eat more, not less, fat? And what should we make of data that suggest people with spouses live longer?

These sorts of conclusions, from supposedly scientific studies, seem to vary from month to month, leading to ever-shifting “expert” recommendations. However, most of their admonitions are based on flawed research that produces results worthy of daytime TV.

Misleading research is costly to society directly because much of it is supported by the federal government, and indirectly, when it gives rise to unwise, harmful public policy.

Social science studies are notorious offenders. A landmark study in the journal Nature Human Behaviour in August reported the results of efforts to replicate 21 social science studies published in the prestigious journals Nature and Science between 2010 and 2015.

The multi-national team actually “conducted high-powered replications of the 21 experimental social science studies — using sample sizes around five times larger than the original sample sizes” and found that “62% of the replications show an effect in the same direction as the original studies.” One out of the four Nature papers and seven of the seventeen Science papers evaluated did not replicate, a shocking result for two prestigious scientific journals. The authors noted two kinds of flaws in the original studies: false positives and inflated effect sizes.

Science is supposed to be self-correcting. Smart editors. Peer review. Competition from other labs. But when we see that university research claims – published in the crème de la crème of scientific journals, no less — are so often wrong, there must be systematic problems. One of them is outright fraud – “advocacy research” that has methodological flaws or intentionally misinterprets the results.