RUTHFULLY YOURS

Conservatives who voted for Donald Trump based on his promises to restore the integrity of the judiciary had a point. If there was one compelling reason to support Trump, even for those who harbored serious concerns about his readiness for office, it was that a loss in the 2016 election would render the judicial branch of the federal government a taxpayer-funded subsidiary of the Democratic party for a generation or more. Where Hillary Clinton had her litmus tests, Trump promised to appoint judges who understood the limited role of federal judges in our constitutional system, who respected the text of the Constitution and federal statutes, and who would not let their personal policy preferences dictate the results of the cases before them.

Many conservatives voted for Trump in the hope that he would keep those promises, and in the first eight months of his administration, he has. Along with a sustained rollback of Obama-era regulations, Trump’s judicial appointments — with Justice Neil Gorsuch as the centerpiece — have been key successes for an often-troubled administration. Just this week, the Senate Judiciary Committee held hearings on two tremendously qualified nominees to courts of appeals in the Midwest: Michigan supreme-court justice and former University of Michigan law professor Joan Larsen, and Notre Dame law professor Amy Barrett. Both are former clerks to Justice Antonin Scalia who will prove to be judicial conservatives. Larsen and Barrett are both names to remember, as both are likely to be short-listers for a future Supreme Court vacancy.

Trump continued his promising run today with the nomination of my friend and former colleague Gregory Katsas to fill the vacancy on the U.S. Court of Appeals for the District of Columbia Circuit left by the retirement of Bush appointee Janice Rogers Brown. Katsas, who currently serves as deputy White House counsel, has a legal résumé that would be difficult to match. An executive editor of the Harvard Law Review during his law-school years, Katsas clerked on the Third Circuit and D.C. Circuit Courts of Appeals. He then followed his then-boss Judge Clarence Thomas to the Supreme Court, clerking for Justice Thomas in his first term on the high court.

Katsas then spent a decade in private practice for a prestigious law firm in Washington, D.C., before joining the Justice Department in the early days of the George W. Bush administration. There, Greg oversaw the appellate section of the Justice Department’s Civil Division, where he argued dozens of the most challenging and important appeals facing the Bush administration — cases involving the defense of the homeland in the aftermath of September 11, challenges to the president’s prosecution of the war on terrorism, and the federal ban on partial-birth abortion, and many more cases involving critical constitutional principles. Katsas served the entire eight years in the Bush administration, eventually being appointed as assistant attorney general in charge of the Civil Division.

In both government and private practice, Katsas has argued cases before the Supreme Court — he was one of the lawyers who argued the landmark challenge to Obamacare in National Federation of Independent Business v. Sebelius — and in every U.S. court of appeals. In all, he has argued more than 75 appeals.

It is hard to imagine a candidate with greater qualifications to serve on the D.C. Circuit, one of the most important courts of appeals in the country owing to its location in the nation’s capital. The court’s docket, while varied, includes key cases regarding the powers and programs of the federal government. Katsas’s vast experience at the highest levels of that government gives him a perspective that would benefit any nominee to that court.

The Donald’s renewed romance with old pals (and donees) “Chuck and Nancy” is already paying more dividends . . . for Democrats. If the president’s tweet on Thursday morning is to be believed (not always a sure thing), he has fully adopted the unconstitutional distortion of prosecutorial discretion employed by President Obama to avoid executing the laws faithfully.

Substance aside, the appearance of the tweet is a story unto itself. Trump was so giddy over sandbagging congressional Republicans and his own Treasury secretary that he called Senate Minority Leader Chuck Schumer and House Minority Leader Nancy Pelosi on Thursday morning to gloat about the positive news coverage — squealing, “The press has been incredible!” Smitten, he wanted to explore other potential areas of appeasement — er, I mean, bipartisan cooperation. This should go well: An all-id-all-the-time POTUS, who cares far more about media commentary than policy, rediscovers that nothing floats the MSM boat quite like a nominal Republican who accommodates Democrats while humiliating his party in the process. Can’t you just feel him evolving!

While she had the infatuated president’s ear, the New York Times relates:

Ms. Pelosi took the opportunity to ask Mr. Trump to send out a message on Twitter emphasizing that the 800,000 immigrants enrolled in a program that he canceled this week can keep their protection from deportation and work permits over the next six months as it phases out.

That program, of course, is DACA (Deferred Action for Childhood Arrivals). Contrary to the Gray Lady’s assertion — and as we explained this week — Trump has not canceled DACA. Nor is it being phased out. Trump has signaled that either it will be codified in law or he will continue the program by lawless executive action — as he is doing for the next six months, as he has done for the last eight months, and as his predecessor did for four years.

In any event, as Nancy tells it, “I asked him to do it. Then boom, boom, boom! The tweet appeared and that was good.” You can see why she’d say that. Trump tweeted:

For all of those (DACA) that are concerned about your status during the 6 month period, you have nothing to worry about — No action!

Translation: There is no daylight between Trump and Obama when it comes to ignoring the president’s constitutional duty to execute laws faithfully under the guise of prosecutorial discretion.

To repeat, properly understood, prosecutorial discretion is simply a resource-allocation doctrine. It is an unremarkable recognition of the fact that there are more violations of law than there are law-enforcement assets to investigate and prosecute them. The government has no choice but to prioritize: Serious crimes get the most attention; many less serious crimes, for the most part, are overlooked. But there’s a caveat: While a low priority is assigned to comparatively less serious crimes, they are still considered crimes. The government evaluates each case individually and reserves the right to take action against the low-priority misconduct in appropriate cases — for example, in a case involving a recidivist offender or an otherwise hardcore criminal.

That was not Obama’s practice. He disingenuously invoked “prosecutorial discretion” when, in reality, he was choosing not to enforce congressional statutes to which he objected on policy grounds. Substantially, there was no case-by-case review; just occasional lip service to the notion of individualized treatment when he’d announce non-enforcement directives and “waivers” of this or that statute. As noted above, the exercise of prosecutorial discretion cannot be avoided. If that is all the executive branch is doing, there is no need to make a big announcement about it. The point of decreeing DACA was not to exercise prosecutorial discretion; it was to confer de facto amnesty on a class of DREAMers, as the president — not Congress — defined them.

The Washington Post reports that defrocked White House aide Steve Bannon and Members of the House Freedom Caucus are plotting a coup to depose Paul Ryan as Speaker later this fall. Freedom Caucus Chairman Mark Meadows denied this on Friday on MSNBC, but you can bet something is afoot. And come to think of it, why wait?

If the Freedom Caucus is upset enough to contemplate a mid-session leadership coup, let’s get it on now. Congress is entering a critical few months that will determine whether Republicans will have anything significant to show for their majority. If the fate of this Congress hangs in the balance, then it’s unconscionable to wait and let the House fail. The manly—the patriotic—thing to do is force a debate and vote while there’s still time to save the day.

This has the added advantage of being a stab in the front for a change. The Freedom Caucus specialty is the stab in the back. Claim to be cooperative, to be working constructively toward some legislative compromise, but then at a critical moment raise its demands, vote no and blame the leadership. Soak up the cable-TV appearances and then sit back as someone else cleans up the political mess.

This is how Mr. Meadows played the ObamaCare repeal debate earlier this year. As House leaders and HHS Secretary Tom Price prepared the draft bill, Mr. Meadows was regularly consulted. According to numerous sources, Mr. Meadows’ priority in private discussions was killing any reduction, even a small one, in the tax exclusion for employer-sponsored health insurance.

For conservative health economists, this is a crucial policy reform. It would reduce a subsidy that drives up health-care costs, and it would begin to equalize the tax treatment for individual and employer insurance. But Mr. Meadows opposed it as a “tax increase,” a definition which would mean that Congress could never reduce any tax subsidy.

Mr. Meadows worked frantically behind the scenes to make sure there was no change in the tax exclusion, without objecting to other provisions. GOP leaders gave him what he wanted and killed the tax change. But within days Mr. Meadows began trashing the draft bill anyway—this time because it supposedly didn’t reduce insurance costs enough. His assault defeated the first attempt at a House vote, and delay its passage for weeks, helping Democrats build public opposition and making it a much harder lift in the Senate, where it failed.

With this record of accomplishment, clearly it’s time for Mr. Meadows to step into the spotlight and take some leadership responsibility. The honorable act now would be to announce an immediate challenge to Mr. Ryan surrounded by his Freedom Caucus supporters and Mr. Bannon’s Breitbart staff.

Lay out his strategy for passing tax reform, for raising the debt limit, and for passing the Freedom Caucus budget through the House and the Senate this fall. Then the Members of the House GOP conference can hold a debate and vote, and Mr. Meadows and the country can see how much support he has for his political strategy compared to Mr. Ryan.

If Mr. Meadows is too modest, or thinks he can’t win, then perhaps his Freedom Caucus running mate, Ohio Rep. Jim Jordan, would want to run. And if Mr. Jordan declines the honor, then perhaps Texas Rep. Louis Gohmert will want to exploit the high regard with which he is held by his colleagues.

This is the way a congressional majority is supposed to work. Individuals run for leadership, the Members vote, and then everyone accepts the results and moves on together. That’s what Democrat Steny Hoyer did after he lost to Nancy Pelosi in 2002, and Democrats proceeded to govern in unified fashion after they won the House in 2006.

If Mr. Meadows wants to stage a coup, he should do it publicly by putting his agenda and strategy front and center for everyone to see. Take the dagger out from under the toga, Mark, and show your colleagues that lean and hungry look. Then let’s hold a vote.

Civil rights dreamer Martin Luther King Jr. had a 20th century dream. He dreamed that one day all children would be judged by the content of their character not the color of their skin. Martin Luther King Jr. dreamed an American dream that embraced our country’s racial ideals of freedom and equality.

Patriotic dreamer President John F. Kennedy had a 20th century dream. He dreamed that Americans would ask what they could do for their country not what their country could do for them. John F. Kennedy dreamed an American dream that embraced our country’s patriotic ideals of freedom and equality.

JFK was alive to hear King’s famous “I Have a Dream” speech. Both men were assassinated – their dreams shattered by bullets.

President Donald J. Trump has a dream. He dreams that America can fulfill the dreams of MLK and JFK. He dreams that American civilians can be unified like the American military as one cohesive American family regardless of race and make America great again through patriotism.

What unifies the military is patriotism, equality, common cause and an infrastructure of observed rules of conduct. We can become a unified society with a parallel commitment to patriotism, equality, common cause and an infrastructure of observed laws that keep order.

Americans do not bow to power – we enjoy a three-part government structured with checks and balances on executive power. Laws are designed to be changed peacefully through open debate and votes by elected representatives of the people. The current trend of divisiveness and anarchy fomented by Obama’s Leftist “resistance” movement is designed to collapse American democracy and our balanced three-branch system.

What is the purpose of relabeling illegal immigrant children with the romanticized term “Dreamers?” Are the dreams of legal American children less valuable? These are important questions to consider because they define our national priorities. President Trump prioritizes American children and American workers. His America-first promises and policies are designed to preserve and protect American sovereignty, American democracy, and the legitimacy of American territorial borders.

President Trump has a 21st century challenge of reaffirming America’s nationhood and national priorities. The relabeled “Dreamer” movement is an insidious political ploy designed to legitimize illegal immigration in an effort to tip elections toward the Democrat Party. Obama overstepped his constitutional authority with the presidential order that created Deferred Action for Childhood Arrival (DACA). Deceitfully advertised as humanitarian, DACA prioritizes illegal immigrants over Americans. The “Dreamer” movement is an end-run around our legislative branch that sidesteps existing immigration laws.

J. Edgar Hoover’s abuse of power as FBI director led Congress and the Justice Department to put new checks on that most powerful and secretive of offices. By the time Congress finishes investigating James Comey’s role in the 2016 presidential election, those safeguards may be due for an update.

Powerful as Hoover was, even he never simultaneously investigated both major-party candidates for the presidency. Mr. Comey did, and Americans are now getting a glimpse of how much he influenced political events.

Mr. Comey’s actions in the Hillary Clinton email probe are concerning enough. He made himself investigator, judge and jury, breaking the Justice Department’s chain of command. He publicly confirmed the investigation, violating the department’s principles. He announced he would not recommend prosecuting Mrs. Clinton, even as he publicly excoriated her—an extraordinary abuse of his megaphone. Then he rekindled the case only 11 days before the election.

An inquiry by the Senate Judiciary Committee has now shown that Mr. Comey’s investigation was a charade. He wrote a draft statement exonerating Mrs. Clinton in May, long before he bothered to interview her or her staff. This at least finally explains the probe’s lackluster nature: the absence of a grand jury, the failure to follow up on likely perjury, the unorthodox immunity deals made with Clinton aides.

But the big development this week is a new look at how Mr. Comey may have similarly juked the probe into Donald Trump’s purported ties to Russia. The House Intelligence Committee’s investigation took a sharp and notable turn on Tuesday, as news broke that it had subpoenaed the FBI and the Justice Department for information relating to the infamous Trump “dossier.” That dossier, whose allegations appear to have been fabricated, was commissioned by the opposition-research firm Fusion GPS and then developed by a former British spook named Christopher Steele.

But the FBI had its own part in this dossier, and investigators are finally drilling down into how big a role it played, and why. The bureau has furiously resisted answering questions. It ignored the initial requests for documents and has refused to comply with the House committee’s subpoenas, which were first issued Aug. 24. Republicans are frustrated enough that this week they sent orders compelling FBI Director Christopher Wray and Attorney General Jeff Sessions to appear before the committee to explain the obstruction.

One explanation is that the documents might show the FBI played a central role in ginning up the fake dossier on Mr. Trump. To this day, we do not know who hired Fusion GPS to gather the dirt. The New York Times early this year reported, citing an anonymous source, that a wealthy anti-Trumper initially hired Fusion to dig into Mr. Trump’s business dealings, but the contract was later taken over by a Clinton-allied group. That’s when Fusion shifted its focus to Russia and hired Mr. Steele. CONTINUE AT SIT

U.S. intelligence agencies said Russia was responsible for hacking Democratic National Committee e-mail accounts, leading to the publication of about 20,000 stolen e-mails on WikiLeaks.

But that finding was reportedly based largely on the DNC’s strange outsourcing of the investigation to a private cybersecurity firm. Rarely does the victim of a crime first hire a private investigator whose findings later form the basis of government conclusions.

WikiLeaks founder Julian Assange is many things. But so far he has not been caught lying about the origin of the leaked documents that came into his hands. He has insisted for well over a year that the Russians did not provide him with the DNC e-mails.

When it was discovered that the e-mails had been compromised, then–DNC chairwoman Debbie Wasserman Schultz weirdly refused to allow forensic detectives from the FBI to examine the DNC server to probe the evidence of the theft. Why did the FBI accept that refusal?

That strange behavior was not as bizarre as Wasserman Schultz’s later frenzied efforts to protect her information-technology specialist, Imran Awan, from Capitol Police and FBI investigations. Both agencies were hot on Awan’s trail for unlawfully transferring secure data from government computers, and also for bank and federal-procurement fraud.

So far, the story of the DNC hack is not fully known, but it may eventually be revealed that it involves other actors beyond just the Russians.

There is not much left to the media myth of James Comey as dutiful FBI director, unjustly fired by a partisan and vindictive President Donald Trump. A closer look suggests that Comey may have been the most politicized, duplicitous, and out-of-control FBI director since J. Edgar Hoover.

During the 2016 election, Comey, quite improperly, was put into the role of prosecutor, judge, and jury in the investigation of Hillary Clinton’s use of a private e-mail server while she was secretary of state. That proved a disaster. Comey has admitted under oath to deliberately leaking his own notes — which were likely government property — to the media to prompt the appointment of a special counsel. That ploy worked like clockwork, and by a strange coincidence it soon resulted in the selection of his friend, former FBI director Robert Mueller.

Comey earlier had assured the public that his investigation of Clinton had shown no prosecutable wrongdoing (a judgment that in normal times would not be the FBI’s to make). It has since been disclosed that Comey offered that conclusion before he had even interviewed Clinton.

That inversion suggests that Comey had assumed that whatever he found out about Clinton would not change the reality that the Obama administration would probably drop the inquiry anyway — so Comey made the necessary ethical adjustments.

Comey was also less than truthful when he testified that there had been no internal FBI communications concerning the infamous meeting between Clinton’s husband, former president Bill Clinton, and then–attorney general Loretta Lynch on an airport tarmac. In fact, there was a trail of FBI discussion about that supposedly secret rendezvous.

Before he fired Comey, Trump drafted a letter outlining the source of his anger. But it seemed to have little to do with the obstruction of justice.

New York’s unrepentant small-c communist mayor Bill de Blasio showed his true colors in a new New York magazine interview, reaffirming his radical roots and speaking of his plans to unleash a veritable Reign of Terror against wealthy, productive people.

In the interview, the America-hating, Puerto Rican terrorist-celebrating Democrat mayor reminds voters that he has learned nothing during his disastrous tenure at Gracie Mansion. The takeaway is that he believes taxes are too low not only in his city but throughout America, police haven’t been persecuted enough, criminals haven’t been coddled and subsidized enough, and President Trump is a dangerous racist demagogue whose fascistic policies need to be fought.

The great Anglo-American tradition, going back to the founding era and before, of strong governmental protection of private property is a bad thing, he believes. Get rid of property rights and utopia will be just over the horizon.

Like any leftist ideologue, de Blasio views markets – that is, the everyday choices made by free people – as an evil force that needs to be bludgeoned into submission by bureaucrats. Capital must be compelled, or better yet, abolished. Socialism works, he maintains, and people would see that if only the sclerotic, authoritarian system he adores were imposed on them by somebody smart and competent, like him, for example.

De Blasio told his interviewer he wants to see the end of private property and would like government to centrally plan more or less all living and financial arrangements. Yes, the mayor of New York City, the financial capital of the United States, actually said that.

When discussing property rights, de Blasio is a tedious garden-variety Marxist dreaming of imposing a dictatorship of the proletariat on his subjects. Come to think of it, the man sounds like Barack Obama and Bernie Sanders. Asked about fulfilling his much-repeated promise to reduce the scourge of income inequality, also known as freedom, he lectured:

What’s been hardest is the way our legal system is structured to favor private property. I think people all over this city, of every background, would like to have the city government be able to determine which building goes where, how high it will be, who gets to live in it, what the rent will be. I think there’s a socialistic impulse, which I hear every day, in every kind of community, that they would like things to be planned in accordance to their needs. And I would, too. Unfortunately, what stands in the way of that is hundreds of years of history that have elevated property rights and wealth to the point that that’s the reality that calls the tune on a lot of development.

A “socialistic impulse”? Nothing could be more un-American.

De Blasio, like so many academics and activists, is trapped in a communist fantasy of his own making. Central planners should be telling every New Yorker how to live, the modern-day Bolshevik insists, even though a hundred years of hard evidence, including a Mount Everest-size pile of corpses, proves him wrong.

A story fantastically strange, dancing between lowbrow and stupid, and it matters: this masterwork of a news item belongs in a time capsule, one day making the case to our descendants that we were, at least, blessed to live in interesting times.

Because this sort of thing happens in 2017, an alt-right crank who hasn’t won anyone’s trust beyond that of his loyal travelers seems to have become the white-whale obsession of National Security Adviser H.R. McMaster.

Also, a multi-national public relations campaign which occupied much of August — a campaign seemingly intended to repair General McMaster’s reputation with the President of the United States, to sully the reputation of Trump loyalists whom McMaster had removed from the National Security Council, and to drive out Steve Bannon and Sebastian Gorka, all in one shot — may have been unintentionally destroyed by said alt-Right crank tweeting the words …

“Spirit Animal” :

✔ @Cernovich

McMaster what’s your spirit animal? @Breitbartnews is Honeybadger.

Mike Cernovich posted this tweet on August 11. To an objective observer, that’s inscrutable nonsense. And — also objectively — it’s creepy.

But when considered with its actual context, and pivotally, its timing, that rational observer should be driven to conclude that, ahem, the “McMaster what’s your spirit animal” tweet is a political thunderbolt with ramifications much beyond what Cernovich appears to have intended.

Here goes:

Sources within the Trump Administration claim that the “spirit animal” tweet is a reference to a small meeting that McMaster and select others within the National Security Council held in the days prior to August 11.

At that meeting, attendees reportedly joked about each other’s “spirit animals.” Indeed, as of this writing, I cannot neither confirm nor deny that a prominent member of the NSC is imbued with the soul of a platypus.

Since August 11, Cernovich has offered other information that also points to him having sourcing within the NSC. However, the “spirit animal” tweet reportedly represented a more concerning breach. Yet even so, the breach itself is of less evident concern to McMaster and his supporters than is the fact of its August 11 publication.

Why?

Because if Cernovich still had a source leaking to him on that date or in the days immediately prior, then the tweet necessarily deconstructs much of the past month’s administration-orchestrated media defense of General McMaster’s personnel decisions.