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Reviving Due Process on Campus DeVos restores the right to cross-examination. Democrats are outraged.

https://www.wsj.com/articles/reviving-due-process-on-campus-1542758809

For those awaiting a restoration of rational discourse in American politics, well, you’ll have to keep waiting. No other conclusion is possible after seeing the reaction to Education Secretary Betsy DeVos’s long-awaited regulatory proposals last week on handling accusations of sexual abuse on campus.

From California Democrat Maxine Waters: “Betsy DeVos, you won’t get away with what you are doing. We are organizing to put an end to your destruction of civil rights protections for students.”

Former Vice President Joe Biden said on Facebook that the proposal “would return us to the days when schools swept rape and assault under the rug and survivors were shamed into silence.”

The centerpiece of the proposed regulations is—hold your fire—restoring the right of cross-examination, one of the oldest and most hallowed elements of due process.

The Obama Department of Education, responding to legitimate concerns about sexual abuse on campus, issued guidelines that went overboard, casting away many basic protections for the accused. The result has subjected victims and the accused to a system of campus justice often controlled by amateurs and political activists.

For more than four decades the Department of Education has set Title IX policy by issuing “guidance,” which circumvents the normal rule-making process. The Obama-era sexual abuse guidance was essentially an administrative diktat. The public had no chance to comment, and universities, which understood federal funding was at risk, opted to dilute standard legal protections for accused students.

Criminal justice reform: We can improve expensive, ineffective system by lowering recidivism Jared Kushner and Tomas J. Philipson

https://www.usatoday.com/story/opinion/2018/11/19/donald-trump-criminal-justice-reform-recidivism-jared-kushner-column/2047239002/
The costs of criminal activity are unacceptably high, but the reforms supported by the president promise to reduce costs and cut down on recidivism.

Crime imposes substantial fiscal and social costs on the United States. In 2016, more than 1.4 percent of our Nation’s GDP was spent funding the State and Federal criminal justice system. Victims and society at large also bear significant costs through pain, suffering, reduced quality of life, property losses, increased medical costs, and loss of life. The most recent estimates from 2014 indicate that altogether these damages constitute an additional 1.5 percent of GDP, yielding a total burden of 2.9 percent of GDP, or roughly $500 billion.

These costs can be attributed, in part, to crimes committed by prisoners after already serving once in prison, through recidivism after being released from state and federal facilities. If recent trends hold, almost half of federal inmates who were conditionally released will be re-arrested within 5 years of release and more than 75 percent of state offenders who were released on community supervision will be re-arrested within 5 years of release.
The president is reducing spending, crime

To break this cycle, President Donald J. Trump is working to effect bipartisan and evidence-based prison reforms to reduce recidivism. He issued an executive order in March that is bringing together more than a dozen Federal agencies to identify ways to reduce recidivism, enhance the reentry process, and improve public safety.

High Crimes and Misdemeanors -by Andrew McCarthy- Books reviewed

https://www.claremont.org/crb/article/high-crimes-and-misdemeanors/

Collusion! Obstruction! And what about the Emoluments Clause!

Donald J. Trump’s antagonists began talking about impeaching him within days of his 2016 election victory. But on what grounds? Since “collusion with Russia” is not a crime, can the president “obstruct justice” by carrying out an undeniably constitutional act, such as firing the director of the FBI—the agency investigating the, er, collusion? Even if we assume, for argument’s sake, that the president could be criminally charged for such an act, isn’t there some Justice Department rule against indicting a sitting president? If he may not be indicted at all, why is a special prosecutor investigating him? And if he may not be indicted for lawful exercises of his Article II prerogatives—dismissing subordinates, criticizing investigations’ merits and investigators’ motives, pardoning political allies—could he still be impeached over them?

These are difficult, important questions. In deliberating over the Constitution, nothing bedeviled the framers more than the new office they were creating, the presidency of the United States. If the nation were to survive and thrive, the chief executive would have to possess powers so awesome they could, if abused, destroy the nation, eviscerating its founding ideals of liberty and self-determination. With Americans having just thrown off one monarch, an essential objective of the Constitution was to forestall the rise of another. The president would have to be checked by powers commensurate with his own. Today, we metaphorically refer to the ultimate check, impeachment, as a “nuclear option.” To James Madison it was, in a word, “indispensable.”

* * *

No American president has ever been removed from office by the Constitution’s impeachment process, though Richard Nixon surely would have been convicted by the Senate and evicted from the White House had he not resigned. Andrew Johnson and Bill Clinton were impeached by the House, but the Senate could not muster the two-thirds supermajority to convict and remove them. Since Clinton kept his job in 1998, the prospect of impeaching presidents hangs more heavily than before in a coarsened culture, a fractious body politic, and a 24/7 media age that conflates news reporting with opinion journalism and fiery partisanship.

Yet, like fascism and the infield-fly rule, impeachment is a concept often invoked but poorly understood. There is excellent scholarship on the subject, Raoul Berger’s Impeachment: The Constitutional Problems (1973) being the modern standard. Still, there remains enough misinformation that a popular guide, attuned to modern conditions, would be welcome.

My own modest effort, Faithless Execution, was published in 2014. Alas, if the year does not explain why I was too early to the party, the subtitle will: Building the Political Case for Obama’s Impeachment. It was verboten to speak of impeaching President Barack Obama—which is why a political case for doing so was needed. (I’ll come back to that.) In today’s terrain, of course, even a well-reasoned polemical book is destined to be rejected out of hand by at least half the intended audience.

We still need that popular guide in the contentious circumstances of 2018. Some eminent scholars have produced a pair of books that attempt to answer the call: Impeachment: A Citizen’s Guide by Cass R. Sunstein, and To End a Presidency: The Power of Impeachment, a collaboration by Laurence Tribe and Joshua Matz.

Americans Turned to Trump to Roll Back the Progressive Tide To understand his appeal, look at the excesses of liberals in recent years. He’s a wall against the wave. By Joseph Epstein

https://www.wsj.com/articles/americans-turned-to-trump-to-roll-back-the-progressive-tide-1542672973

At lunch the other day, a friend and strong anti-Trumper wondered aloud what brought all those thousands of people out to Donald Trump’s rallies. “After all,” he said “they’re pretty much the same show.” Mr. Trump on stage, in his usual bragging mode, attacking the press, settling scores with people he feels have betrayed him, while the audience in their red hats applaud uproariously, yelling approval for 90 or so minutes. “What’s the attraction? I don’t get it.”

Not a bad question, really. As I thought it over, it occurred to me that what genuinely excites Mr. Trump’s crowds and draws them to him is their shared antiliberalism. By liberalism I do not mean liberalism of the kind that was at the center of our fathers’ Democratic Party—which supported labor unions, civil liberties, racial integration, involvement in international affairs. I refer to the liberalism now metamorphisized into progressivism, at the heart of the thinking of such Democrats as Elizabeth Warren, Bernie Sanders, Cory Booker, Kamala Harris, Alexandria Ocasio-Cortez and others.

This is the progressivism that edges into socialism, that is said to attract the young, that promises a newer, kinder America—the progressivism that exalts identity politics and has no argument with political correctness. As one looks upon the people who attend Mr. Trump’s rallies, one sees the faces not of Hillary Clinton’s “deplorables” but of the proletariat out of which Karl Marx’s dictatorship was supposed to derive. Yet these people, despite the progressives’ promises to them of free Medicare, free college tuition, and the rest, want nothing to do with Sens. Warren, Sanders, Booker & Co. Quite the reverse: They loathe them.

The man who attends a Trump rally turns on his television set and that night’s news leads off with a Black Lives Matter protest in his city. If that city is Chicago, he might recall that this year some 2,619 people have been shot, 475 shot and killed, the preponderance of these being black people shot by black youth gangs. If it is another city, there is a distinct possibility, as fairly often in the past, that the protest will lead to looting of nearby shops. Al Sharpton, nattily turned out, is likely to have flown in for the festivities to remind everyone about the world’s injustice.

Our man changes channels and is greeted by a story of a long and happy lesbian marriage. He reads in the papers that people are fired from jobs for remarks that, under the reign of political correctness, are interpreted as racist, sexist, you name it; that students feel unsafe at Yale; that a year’s tuition, room and board at Dartmouth is $74,000. Doubtless before long he will read a story about an 11-year-old who is suing his parents for not allowing him to transgender himself.

Oh God, he thinks, make America great again, make America straight again, make America anything but what it is becoming. What elected Donald Trump, and what sustains him, is not his rather dubious charisma, his ideas, his obvious jolt to the country’s earlier slow economic growth, and no, not even the wretched campaign run by Hillary Clinton. Mr. Trump was chosen as a rebuke to the progressivism that has made life in America seem chaotic, if not a touch mad, and that now threatens to take over the Democratic Party. CONTINUE AT SITE

Women’s March Founder Calls on Leaders to Step Down amid Accusations of Bigotry By Jack Crowe

https://www.nationalreview.com/news/womens-march-founder-calls-on-sarsour-other-leaders-to-step-down-for-indulging-anti-semitism/

Theresa Shook, founder of the Women’s March, called on leaders of the liberal political-protest movement to step down on Monday amid widespread backlash against their refusal to condemn anti-Semitic and homophobic allies.

“As Founder of the Women’s March, my original vision and intent was to show the capacity of human beings to stand in solidarity and love against the hateful rhetoric that had become a part of the political landscape in the U.S. and around the world,” Shook wrote in a Monday Facebook post.

“Bob Bland, Tamika Mallory, Linda Sarsour and Carmen Perez of Women’s March, Inc. have steered the Movement away from its true course,” she continued. “I have waited, hoping they would right the ship. But they have not. In opposition to our Unity Principles, they have allowed anti-Semitism, anti-LBGTQIA sentiment and hateful, racist rhetoric to become a part of the platform by their refusal to separate themselves from groups that espouse these racist, hateful beliefs. I call for the current Co-Chairs to step down and to let others lead who can restore faith in the Movement and its original intent.”

Mallory and Sarsour have been routinely criticized by public figures from across the political spectrum for praising Nation of Islam leader Louis Farrakhan, who routinely espouses anti-Semitic and homophobic views to his large following. The co-chairs have also come under fire for partnering with and endorsing anti-Semitic pro-Palestinian groups.

What the Prescription Drug Debate Gets Wrong Price controls on pharmaceuticals might save Americans money in the short term—but at the potential cost of millions of lives. John Tierney

https://www.city-journal.org/price-controls-on-pharmaceuticals

The American pharmaceutical industry is the most innovative in the world and saves more lives than any other institution. So, of course, it is also the national villain.

In this autumn’s election, once again, voters say that one of the top issues—the top issue, in some polls—is lowering the price of prescription drugs. Politicians of both parties ritually denounce Big Pharma for profiteering. In his first press conference as president, Donald Trump accused drug companies of “getting away with murder,” and Bernie Sanders has called the industry’s greed a “public-health hazard to the American people.” A central plank in the “Better Deal” that Democrats are promising in the midterm elections is for the federal government to “negotiate” drug prices, and some progressives don’t even make that semantical pretense. They call for outright price controls, if not the “deprivatization” of the industry, on the grounds that Big Pharma is too powerful to be constrained by market forces.

At one level, this is just political opportunism. Big Pharma is easy to resent because its products are so essential, and it’s easy to attack because it’s actually not so big. Of every dollar that Americans spend on health, only a dime goes for prescription drugs. The lion’s share of health spending goes to hospitals and people in the health-care professions, whose relatively high fees and salaries are largely responsible for Americans bearing the world’s highest health-care costs. But how many politicians want to go after doctors and nurses? What Democrat would dare arouse the ire of the health-care unions? Much easier to scapegoat the greedy drug companies.

The critics do get one thing right: the pharmaceutical industry is no paragon of free-market capitalism. Companies spend much of their time appeasing regulators instead of satisfying customers. The bureaucratic delays and complexities discourage innovation and competition, allowing some firms to profit by gaming the rules rather than developing new drugs. The system is so opaque and convoluted that both parties agree that it needs to be reformed.

For Democrats, the answer is a system modeled on Canada and European countries with nationalized health systems that use their monopoly power to dictate which drugs are available at what price. On average, Americans spend more money on prescription drugs than people do in those other countries, a favorite talking point for Democrats advocating price controls and “Medicare for All.” As a candidate, Trump endorsed the big-government approach to controlling prices, and, as president, he has personally bullied pharmaceutical executives into rolling back some prices. But so far, thanks to some smart appointments, his administration is pursuing more sensible reforms. Instead of joining the march toward nationalized health care, it is focused on reviving market competition.

These reforms are moving forward at a remarkably brisk pace (for Washington), but there’s always the danger that Trump’s populist instincts and a resurgent Democratic Party could prevail. Politicians of both parties know how popular Democratic ideas on drugs are—and how unpopular Big Pharma is. Public-opinion polls by the Kaiser Family Foundation show that most Republicans as well as Democrats support tighter regulation of prescription-drug prices. Three-quarters of Americans favor outright price controls on some drugs, and more than 90 percent want the federal government to “negotiate” lower prices across the board.

Double Standards Galore in the Attorney General Fracas By John C. Eastman

https://amgreatness.com/2018/11/17/double-

So let me get this straight. In his November 8 New York Times op-ed (“Trump’s Appointment of the Acting Attorney General Is Unconstitutional,” co-authored by George Conway), Neal Katyal writes that President Trump’s designation of Matthew Whitaker as acting attorney general is unconstitutional because the office of attorney general is a “principal office,” which can only be filled by someone who has been confirmed by the Senate. That would be the same Neal Katyal who served as acting solicitor general, also a Senate-confirmed position. And the same Neal Katyal whose boss, Attorney General Eric Holder, had served as acting attorney general at the end of the Clinton Administration and in the early days of the George W. Bush Administration. And the same Neal Katyal who served in an administration that closed out with another acting attorney general, Sally Yates, who acted like an embedded enemy within the Trump Administration until she was finally fired by the president for refusing to defend the president’s travel ban executive order—she claimed that there was no plausible defense for it, even though the policy was ultimately upheld by the Supreme Court.

The double standard is so palpable as to be laughable.

To be fair, Katyal’s own position as acting solicitor general can be distinguished. The solicitor general’s office is arguably an inferior office, which means that the Constitution only requires Senate confirmation as the default position. Congress can, by law, vest the appointment of inferior officers in the president alone or in the head of the department. But that is not the case with either Eric Holder’s or Sally Yates’s appointments as acting attorney general. Either their appointments were also unconstitutional—and I don’t recall Conway or Katyal ever arguing that—or Whitaker’s temporary designation as acting attorney general until a successor can be named is equally valid. Conway and Katyal’s implicit attempts to distinguish those cases fall far short of persuasive.

U.S. House Republicans to Subpoena James Comey, Loretta Lynch By Debra Heine

https://pjmedia.com/trending/u-s-house-republicans-to-subpoena-james-comey-loretta-lynch/

In the final weeks of their majority, House Republicans plan to interview two key witnesses as part of a joint committee investigation into the FBI’s investigations of the Trump campaign and former Secretary of State Hillary Clinton’s use of a private email server.

Judiciary Committee Chairman Robert Goodlatte (R-Va.) is preparing to subpoena former FBI Director James Comey and former Attorney General Loretta Lynch for closed-door depositions on Nov. 29 and Dec. 5 respectively, according to the AP.

The subpoenas are part of an investigation by two GOP-led committees into decisions made by the department during the 2016 election, when Democrat Hillary Clinton was cleared in a probe into her email use and Justice officials launched an investigation into Trump’s campaign and Russia. Both Comey and Lynch were in power during that time.

Republicans on the House Judiciary and Oversight and Government Reform panels have argued that Justice officials were conspiring against Trump’s election, and they have interviewed multiple current and former Justice officials behind closed doors in an effort to prove their case.

It’s unclear if Comey and Lynch will appear, but Comey has indicated in the past that he would be willing to testify at an open hearing.

He again conveyed his willingness to appear in a tweet Friday evening:

“House Republicans can ask me anything they want but I want the American people to watch, so let’s have a public hearing,” he said. “Truth is best served by transparency. Let me know when is convenient,” he said.

New Hope for the Truth of 2016? Hints that congressional investigators may finally pull back the lid on James Comey’s actions. By Holman W. Jenkins, Jr.

https://www.wsj.com/articles/new-hope-for-the-truth

Two men will be key in the next Congress to getting to the bottom of the remaining mysteries of the 2016 election. Republican Sen. Lindsey Graham, likely chairman of the Judiciary Committee, has indicated he’s not going the let the biggest sleeping dog of the 2016 race lie.

“Totally,” he told CNN when asked whether he would probe FBI actions during the campaign. “The oversight function will be very much front and center.”

On the Democratic side, Rep. Adam Schiff told the Los Angeles Times that his first goal is to restore “comity” to his own fractious House Intelligence Committee. (Presumably the Times reporter didn’t mishear the word “comedy.”) Less felicitously, Mr. Schiff added, “We’re going to be defending the independence of the Justice Department,” by which he meant protecting special counsel Robert Mueller from being fired by President Trump.

Except the Mueller investigation is expected to wrap up soon, and it appears to have found nothing particularly exciting. Meanwhile, Mr. Schiff has finally shown some interest in the truly explosive unfinished business of 2016. He told the New Yorker’s Jane Mayer that if former FBI chief James Comey’s account of his actions during the 2016 race is accurate, then his intervention likely represents the “most measurable” and “most significant way in which the Russians may have impacted the outcome of the election.”

Mr. Schiff’s acknowledgment is especially interesting because, unlike the rest of us, he would have seen a classified Justice Department report on this episode, which remains withheld from the public.

Mr. Comey, we now know, was acting on dubious, possibly planted Russian intelligence when he intervened in the Hillary Clinton email matter. He was acting from a counterintelligence motive (he was worried about a Russian effort to discredit Mrs. Clinton’s victory), not the criminal investigatory motive he pretended at the time. In adopting this spy vs. spy rationale, he surely would have consulted with his Obama administration colleagues, CIA Director John Brennan and National Intelligence Director James Clapper.

And when Mr. Comey intervened a second time, reopening the investigation days before the election, he did so to protect the credibility of the original operation. This step, even Mr. Comey now concedes, may have tipped the Electoral College to Mr. Trump. CONTINUE AT SITE

A Tale of Two New Yorks Billions for Amazon but rats, lead paint and mold for public housing.

https://www.wsj.com/articles/a-tale-of-two-new-yorks-1542413122

New York’s Democratic kingpins Andrew Cuomo and Bill de Blasio are getting hit from right, left and center for showering Amazon with some $3 billion in subsidies. The corporate welfare is even more outrageous when juxtaposed with New York City’s dilapidated public housing that the Governor and mayor have long neglected.

This summer the Justice Department sued Nycha for sweeping its disrepair under a shabby rug. Nycha agreed to a court-appointed monitor to oversee $1.2 billion in repairs over the next five years. On Wednesday in a 52-page ruling, federal Judge William Pauley III, a Bill Clinton appointee, rejected the settlement as inadequate and perhaps unconstitutional.

According to the New York State Department of Public Health, 83% of Nycha’s inspected units contained a hazardous condition. “Somewhat reminiscent of the biblical plagues of Egypt, these conditions include toxic lead paint, asthma-inducing mold, lack of heat, frequent elevator outages, and vermin infestations,” the judge noted, adding that the authority “whitewashed these deficiencies for years.”

While Mayor de Blasio agreed to spend an additional $1.2 billion to fix Nycha’s 326 complexes that house 400,000 people, conditions are so awful that the authority estimates it needs $32 billion for repairs. “NYCHA’s current capital needs would not be met until the year 2166,” the judge wrote.

Judge Pauley added that a special monitor “would bring about an unwarranted—and as far as this Court is aware, unprecedented—judicial usurpation of responsibilities that Congress has expressly entrusted to” the Department of Housing and Urban Development (HUD) and “raises serious concerns implicating the separation of powers and the delegation of equitable judicial power.”