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50 STATES AND DC, CONGRESS AND THE PRESIDENT

The Myth of the Trigger-Happy Cop Contrary to public perception, fatal shootings by police officers are relatively rare and have gone down dramatically in places such as New York City By Charles Campisi

The seeming surge in fatal shootings by police officers has become one of America’s most divisive issues in recent years. From Ferguson to Baton Rouge, from North Charleston to Minneapolis, from Charlotte to Chicago, communities have been rocked by protests and demonstrations after local police officers shot and killed people, many of them minorities, some completely unarmed. Images of some of the most egregious cases have shocked the national conscience.

As the former chief of internal affairs for the New York Police Department for almost two decades, I was personally involved in the investigation of hundreds of these incidents, including such controversial cases as the 1999 shooting of the unarmed West African immigrant Amadou Diallo and the 2006 shooting of Sean Bell. Perhaps no one knows better than I do that some cops, when using their weapons, make mistakes, disregard their training, succumb to panic or even act with outright malice.

But I also know that, despite the impression often created by TV news and social media, not all but many law-enforcement agencies have dramatically reduced the number of officer-involved shooting incidents.

The NYPD is a case in point. Consider the numbers. In 1971, the first year that the department began compiling detailed data on police shootings, officers shot 314 people, 93 of them fatally. Two decades later, in 1991, the number of NYPD shootings had decreased to 108, with 27 fatalities—a significant reduction but still a disturbingly high number. By 2015 (the last year for which complete official statistics are available), the number of people intentionally shot by NYPD cops had plummeted to 23, with eight resulting in a fatality—a reduction of more than 90% over the previous 4½ decades.

Let me put that in context. In a city of 8.2 million people—and in a police department of more than 35,000 armed officers who in 2015 responded to more than 66,000 calls involving weapons—NYPD cops shot and killed eight criminal suspects. All of these individuals had prior arrest histories, five were carrying a gun or pellet gun, one was stabbing an officer with a knife, and two were violently struggling with cops to avoid arrest.

The ObamaCare Cleanup Begins Early executive action can improve short-term insurance markets.

All of a sudden the press is filled with stories about Republicans supposedly retreating from their promise to repeal and replace ObamaCare. Liberals are claiming vindication and conservatives are getting nervous, but the stampede to declare failure is premature. The orderly transition to a more stable and affordable health-care system is merely beginning.

As with much else in the Donald Trump era, people should avoid rushing to conclusions. Too much significance is attributed to Republicans adding the word “repair” to their vocabulary, as if this represents a policy change. The insurance markets really do need repair, and doing nothing isn’t realistic amid ObamaCare’s downward spiral.

Likewise, the GOP retreat in Philadelphia last month was contentious, according to leaked audio, but debating the merits of different ideas is how political parties form a strategy. Republicans now recognize that they can’t blame President Obama for insurance disruptions, even if his Administration caused them. They also increasingly understand that they’ve been handed an armed bomb and need to be careful and serious when defusing it.

The exchanges are ailing and fragile—beset by high and rising premiums and a wave of insurer exits. The Health and Human Services Department announced Friday that final enrollment on the federal exchanges for 2017 dropped by about 400,000 from last year. “In spite of the best intentions of Washington and the industry, the intended goals of the ACA have not been achieved. Millions of Americans remain uninsured, and still lack access to affordable health care,” Aetna CEO Mark Bertolini said on an investor call, expressing the business consensus.

Uncertainty is inevitably priced into premiums, and benefits and rates for 2018 started to be designed and set months ago. They’ll be approved by regulators in the spring, so Mr. Trump’s HHS nominees, Tom Price and Seema Verma, need to move fast to bring more predictability to the markets.

One of the President’s first acts was to sign an executive order to “waive, defer, grant exemptions from, or delay” rules that burden individuals, states and business in order to “create a more free and open health-care market.” The specifics are waiting in an HHS proposed rule about “market stabilization” now under review by the White House budget office.

This rule likely includes short-term measures to deregulate ObamaCare’s most onerous provisions. Technical reforms could be immediately reflected in lower premiums. These include relaxing the essential benefits mandate or the price controls that limit how much rates can vary from person to person. The Obama HHS turned the individual mandate into swiss cheese, creating “special enrollment periods” that allow people to dip in and out of insurance at will. Ensuring continuous coverage may be a priority.

Another useful interim change to reduce gaming would be to shorten the ObamaCare “grace period,” a 90-day window that requires insurers to cover consumers who aren’t paying their premiums. A McKinsey study found one of five exchange enrollees stop paying at some point during the year, and half of them re-enrolled in the same plan the next year, availing themselves of three months of “free” coverage.

Congress could also help stabilize the exchanges by suspending the 10-year $145 billion tax on the insurance industry. The costs will be passed on to consumers in higher rates, which is why Congress and the Obama White House agreed to a one-year suspension for 2017. Oliver Wyman estimates that another delay would offer immediate premium relief of 3% for 2018. This would buy some goodwill amid debates about who owes who what in various ObamaCare reimbursement programs.

RECAPPED: THE NEWS FROM THE NATIONAL ASSOCIATION OF SCHOLARS

This week we’ve seen the fallout from Trump’s immigration order, violence at U.C. Berkeley, and a contentious nomination process for Secretary of Education candidate Betsy DeVos. Here are this week’s stories and a few of our favorite articles:

1. Mayhem at Berkeley Hardens New Battle Lines on Free Speech Beth McMurtrie, Chronicle of Higher Education.
2. How State Lawmakers Can Restore Freedom on Campus Peter Berkowitz, Wall Street Journal.
3. What Trump’s Supreme Court Choice Might Mean for Higher Ed Eric Hoover, Chronicle of Higher Education.
4. On the Fence About DeVos Andrew Kreighbaum, Inside Higher Ed.
5. How Trump’s Immigration Order Is Affecting Higher Education Emily Deruy, The Atlantic.
6. A Call for ‘Confident Pluralism’ on Campuses Doug Lederman, Inside Higher Ed.
7. In Hillsdale College, a ‘Shining City on a Hill’ for ConservativesEric Eckholm, New York Times
8. Swastikas and Safety Pins: The Grim Heritage of Identity Politics R.J. Snell, Public Discourse.
9. Diversity for the Sake of Democracy Carrie Pritt, Quillette
10. Active Citizenship Should Be Learned out of School David Randall,Education Week.

The Anti-Trump Media’s Attack on Monica Crowley The nation loses a skilled national security analyst over a CNN hit job. Andrew C. McCarthy

My friend Monica Crowley was the subject of a major hit job by CNN a few weeks back. She is a serious scholar, but she was portrayed as a serial plagiarist who never had an original idea in her head. The emotional toll of the uproar caused her to withdraw from her appointment by President Trump to be the senior director of communications at the National Security Council.

It is the country’s loss. Over the last two decades, Monica has been one of the most effective commentators on the national scene regarding the geopolitical challenges confronting the United States, and in particular the phenomenon of jihadist terror catalyzed by sharia-supremacist ideology — radical Islam. As much as anyone I’ve encountered, she has been invaluable: communicating the threats, debating them, and defending sensible national-security measures.

All writers make mistakes. But Monica’s have been blown wildly out of proportion, to the point of smear. The well-regarded copyright attorney Lynn Chu has done a careful study of the plagiarism allegations and posted her findings on Facebook. Two things leap out.

The first is context. Readers were presented with a series of passages in which Monica is shown to have relied on the work of other writers (including yours truly) in two of her most notable written works: a bestselling 2012 book called What the (Bleep) Just Happened?: The Happy Warrior’s Guide to the Great American Comeback, and her 17-year-old Columbia University Ph.D. dissertation, “Clearer than Truth”: Determining and Preserving Grand Strategy. The Evolution of American Policy Toward the People’s Republic of China Under Truman and Nixon. What was not well explained to readers is that the cited passages constitute a bare fraction of what Ms. Chu correctly describes as “long, heavily researched, synthetic work[s]” — 361 pages in the case of the book, 461 pages in the dissertation, both heavily footnoted.

Secondly, about those footnotes: According to Ms. Chu, CNN itemized 37 passages out of the 461 dissertation pages as improperly mined from the work of others without sourcing; but 26 of these items were “straightforwardly false” because, in order to make Monica look like a plagiarist, CNN omitted her footnotes. As Chu writes:

Ms. Crowley’s paraphrases were correctly sourced in her footnotes. But in most of these 26, CNN had omitted her footnote references. CNN hid from readers that her footnotes gave proper credit to the source. Readers were disabled from being allowed to see or infer that sources were in footnotes. It seemed to selectively delete footnote references (though some were left in) — perhaps so that readers would assume no visible reference mark meant no footnote existed.

If this happened, it is shameful.

With respect to the book, of the 61 passages mined out of the 361 pages, Chu found 57 of them to be “unwarranted accusations” of plagiarism, stacked to make matters look much worse than was actually the case. She elaborates:

The match often seemed computer-generated from shared proper names and generic phrases, or news and anecdotes repeated by aggregators and editorialists. This type of material is generally considered fair use and/or public domain. As a result, this CNN list was misleadingly long, possibly a calculated attempt to condemn her with manufactured, but false, bulk.

To be sure, Chu found passages that should have been sourced. From a legal standpoint, these were woefully insufficient — both in number and scope — to support an allegation of plagiarism. Of course, writers understandably want credit for their ideas, and for their words even if the ideas they are expressing are not unique; thus, they tend hold other writers to a higher standard than the law does — which is as it should be.

The Seditious Left Prosecute the Berkeley rioters by enforcing federal law. Matthew Vadum

The violent uprising at UC Berkeley last week, sparked by Milo Yiannopoulos’s Freedom Center-sponsored speech on “sanctuary campuses,” could have been put down by authorities by enforcing existing federal law, but they didn’t act.

They let Berkeley burn.

Berkeley Mayor Jesse Arreguin (D) seemed to green-light the riots, employing the twisted leftist logic of the radicals who turned the campus into a war zone.

“Using speech to silence marginalized communities and promote bigotry is unacceptable,” he tweeted, in a reference to Yiannopoulos. “Hate speech isn’t welcome in our community.”

Hours into the rioting Wednesday no arrests had been made by the police. In all, only three arrests were made.

The Daily Californian, the Berkeley student newspaper, along with much of the media, downplayed the politically motivated violence. Of the three arrests, reporter Chantelle Lee wrote, “UCPD has arrested one suspect at the Milo Yiannopoulos protests Wednesday night and two suspects in an unrelated incident Thursday morning.”

She wrote that 19-year-old Edward Thomas Kuo, “who is not affiliated with the campus, was arrested Wednesday night on suspicion of remaining ‘in the place of a riot,’” according to a UCPD spokeswoman. “We had given a dispersal order,” the spokeswoman said. “He remained in the area and was blocking the path of the police, who were trying to move a skirmish line along.”

The “unrelated incident Thursday” Lee writes of wasn’t unrelated at all. Officers arrested Oakland resident Devonte Gaskin, 28, and San Francisco resident Sean Seuss, 27, when they were observed “assaulting two (individuals who) self-identified as Berkeley College Republicans, who were giving interviews to the media on Sproul Plaza.”

And whatever may the campus Republicans have been talking to the media about? Take a guess.

The rioting was all too predictable. Berkeley campus police gave the rioters permission to run amok by following a no-arrest policy, Yiannopoulos’s tour security coordinator Tej Gill told Breitbart News Daily on SiriusXM satellite radio. “The police effectively did nothing, nothing while we were there,” he said.

Gill, a U.S. Navy SEAL, continued:

It just fuels the fire, the no arrest thing, hands off policy, every time they do this and they do it successfully with no arrest, no trouble, there’s no consequences and if there’s no consequences why stop? Each time they’re gonna get stronger and stronger.

Preventing riots isn’t hard, according to Gill.

It’s simple, enforce the law. That’s it. Just enforce the law. When we go to the conservative campuses the police departments there are amazing, the shows go off without a hitch, they’re orderly, they give the protesters room to protest and they give the Milo supporters room to support Milo then they keep everybody separated. Liberal campuses have effectively emasculated the police forces there. They’ve totally been politicized, they don’t let them do their job, they actually have a hands off and no arrests policy, one of the guys at Berkeley told me this.

Police are not powerless in the face of left-wing protesters hell-bent on destruction, but their political masters refuse to let them do their jobs.

Trump’s Best Asset May Be His Unhinged Opponents Permanent outrage and hysterical doom-mongering do not attract moderate voters. By John Fund

The good news for Democrats is that the apathy of many of their voters — which contributed to Hillary Clinton’s losing in November — is gone now that Donald Trump is president.

“We have never in living memory seen an electorate as fired up and angry and engaged as they are right now, Ben Wikler, Washington director of the left-wing group Moveon.org, told RealClearPolitics.

The bad news for Democrats is that the fires of protest could burn so brightly that they alienate moderate voters and threaten any Democrats who decline to throw gasoline on the fires.

The anger of the liberal base is such that “a firestorm of criticism . . . awaits [Democratic lawmakers] when they don’t stand up to Trump,” Wikler says. As for primary challenges for Democrats who won’t confront Trump at every turn: “Everything is on the table.”

It certainly has been when it comes to the ceaseless efforts to delegitimize Trump. As soon as the election was over, state recounts were mounted, with the approval of Hillary Clinton’s campaign, angry demands were made that members of the Electoral College go against the results of their state votes and dump Trump, and wild charges were hurled that Russian hacking swung the election. FBI chief James Comey, an Obama appointee, was accused of tilting the election against Clinton, and blue-collar voters in the Midwest were smeared as “racists” who were easily manipulated by Trump.

Of course, missing in the progressive reaction to Trump’s victory was anything more than cursory mention of why the Left, during Obama’s eight years, had failed to fulfill promises of “hope and change,” address rising income inequality and middle-class stagnation, or win the respect of either America’s friends or adversaries.

A few Democrats have recently begun to question the party’s relentless choice of a negative, obstructionist tone. “I’d leave [Trump] out of the message and appeal to his base with a meaningful jobs plan,” Craig Crawford, an adviser to former Democratic senator Jim Webb of Virginia, told U.S. News and World Report, adding:

Don’t take his bait. Braying donkeys only make noise. Democrats should present a shadow government agenda that gives working-class Americans jobs and hope. Democrats should learn something from their futile efforts of the Reagan years, attacking the man instead of winning back his voter base with a positive message.

Mapping $27 Billion In Federal Funding Of America’s Sanctuary Cities: Adam Andrzejewski ,

In the President Donald Trump-era, there could be a high-cost to running a sanctuary city…

On January 25, 2017, the President issued an Executive Order denying federal funding to sanctuary cities who choose not to comply with federal laws regarding deportation of illegal entrants.

Reaction to the new policy from across the political spectrum was immediate. However, the politicians, pundits and journalists admitted that the total amount of federal funding was undetermined.

Our organization, American Transparency (website: OpenTheBooks.com) was able to identify that number. We found nearly $27 billion ($26.74 billion to be exact) in federal funding (FY2016) for America’s 106 Sanctuary Cities. Our new report, “Federal Funding of America’s Sanctuary Cites” details federal grants and other forms of federal spending that flow to those cities.

Using our OpenTheBooks interactive map, search federal funding by city. Just click a pin and scroll down to review the municipal agencies and entities (FY2016). In fact, the map is quickly shareable to any website by copy/paste of the HTML code.

Across America, there are over 300 governmental jurisdictions claiming “sanctuary status.” Of those governments, there are 106 cities, while the rest are states, counties or other units of government.

Under Trump’s order, mayors defending their sanctuary city status are essentially imposing a defiance tax on local residents. On average, this tax amounts to $500 per man, woman and child. Major cities like Washington, D.C., New York and Chicago have the most to lose, and nearly $27 billion is at stake across the country.

DNC Purges Black Candidate for Chairmanship for criticizing Islam’s Discrimination against Gays

Tolliver should have known from the outset that this would happen. It has long been established that in the hierarchy of politically correct causes, Islam trumps homosexuality. When AFDI ran ads highlighting the mistreatment of gays in Islamic law, the San Francisco Board of Supervisors issued a resolutioncondemning not that mistreatment, but our ads. Gay advocates such as Theresa Sparks and Chris Stedman attacked us for daring to call attention to the institutionalized mistreatment of gays under Islamic law.

Tolliver said of Ellison: “His being a Muslim is precisely why DNC voters should not vote for him. Muslims discriminate against gays. Islamic law is clear on the subject, and being gay is a direct violation of it. In some Muslim countries, being gay is a crime punishable by death.”

That is quite correct. But in response, instead of challenging Tolliver on the facts, which they couldn’t do in any case, the Democrats rallied around Ellison. Said interim Chairwoman Donna Brazile: “The Democratic Party welcomes all Americans from all backgrounds. What we do not welcome is people discriminating against others based on who they are or how they worship.”

So noting correctly that Islam discriminates against and persecutes gays is now “discriminating against others based on who they are or how they worship,” at least according to Donna Brazile (and, no doubt, many other enlightened Leftists). And Ellison’s spokesman, Brett Morrow, declared that it was “disappointing that a fellow DNC candidate would fan the flames of intolerance.” He didn’t say anything about Sharia states fanning the flames of intolerance against gays.

Morrow added: ““Keith has shown first-hand his commitment to our gay and lesbian brothers and sisters, organizing tirelessly against the Minnesota anti-marriage equality amendment in 2012.” That’s not the same thing as saying that he rejects Islam’s teaching that homosexuals should be put to death. Many Islamic groups supported same-sex marriage solely for tactical reasons: they knew it would open the door to the legalization of polygamy.

Meanwhile, it is interesting to note that The Hill, which is reporting here how the DNC has become Sharia-compliant and is prohibiting criticism of Islam, is itself also Sharia-compliant.

“DNC boots candidate from chairmanship race for criticizing Ellison’s Islamic faith,” by Jonathan Easley, The Hill, January 31, 2017:

The Democratic National Committee is kicking a candidate out of the chairmanship race after he told The Hill that Rep. Keith Ellison (D-Minn.) should not be the party’s next leader because he is a Muslim.

Robert Kaplan Love, Peace and a Blow to the Head

Ira Einhorn revelled in his role as a charismatic guru. Long-haired and white-robed, he was one of Earth Day’s original organisers and a fixture on university campuses, toasted for his wit and insight with copious cups of herbal tea. Oh, and he was a killer as well.
Ira Einhorn was a high priest of the hippy movement – rebellion, free love, drugs, anti-Vietnam war, the Age of Aquarius. He promoted these ideas with verve and was an organiser of the original Earth Day. That his German surname translated into Unicorn was perfect for the zeitgeist. He saw himself as an environmental activist and mixed with leading figures of the movement like Timothy Leary, Allen Ginsberg and Abby Hoffman.

Many thought Einhorn was a genius. There was no subject on which he could not discourse at length, all infused with his idiosyncratic ideas about environmentalism, UFOs, alien invasion, ESP, computer science and such esoterica. On close examination, his intellect was extremely broad, facilitated by his compulsive reading, but there was little depth. This hardly troubled his listeners. His compelling style drew in not just the young and impressionable, but environmentalists, corporation figures, businessmen and government officials, all taken in by his rodomontade.

Wearing the long hair of the time, his pudgy figure in a white robe, he paid no attention to hygiene or grooming. Yet this had little effect on his appeal. Women flocked to him and he made the most of the ensuing rewards. Einhorn was seriously into sex with as many women as possible and, in doing so, had a far from enlightened attitude to his lovers. He treated them like dirt and brutally dispensed with them as soon as he wanted to move on to another target. Rumours of his violence towards women did his love life no harm.

But the Sixties moved on, the Vietnam war ended and the hippy generation had to face the mundane facts of settling down and earning a living. Based in Philadelphia, Einhorn’s activities were constricted but he still displayed an amazing capacity to find wealthy sponsors and university positions. Barbara Bronfman, a Canadian Seagram heir, was to play an important part in his life. During a lecture, he lit up a marijuana spiff and undressed till he was naked and danced around. It was all a game to entrance those around him.

In 1972 Einhorn started going out with Holly Maddux, a beautiful young women from Texas. The relationship was predictably tumultuous. By 1977 she had enough and ended it. On September 9, she went to his apartment and was never seen alive again. Questioned, Einhorn claimed that she had gone out to buy food and never returned.

In the absence of any leads, let alone a body, there was nothing the authorities could do. Two years after complaints from neighbours about a bad smell, the police came to Einhorn’s apartment. Inside a closet they found a large trunk. When they opened it, it contained the mummified body of Holly Maddux. The cause of death was evident – her skull had been brutally smashed.

“You found what you found,” was Einhorn’s enigmatic response.

Bailed by his wealthy sponsors, the trial was scheduled for 1981. Many who knew him refused to believe that he could have committed such a violent crime and supported his appeal for bail. By the time of the trial, Einhorn had gone on the lam, disappearing without trace. The trial went ahead anyway, he was found guilty and sentenced to death.

Prosecute the Rioters And make sure that we condemn them as well. By Andrew C. McCarthy

From time to time over the years, the eminent historian Daniel Pipes has lamented that treason, not just as a crime but as a concept, appears defunct in the West. The question of bringing treason charges against jihadists has been raised from time to time. Often its very asking proves Dr. Pipes’s point: Most radical Islamic terrorists are not American citizens; as to them, treason is not a cognizable offense because traitorous conduct is central to the crime.

Even against American jihadists, a treason charge is of dubious usefulness. The 1996 overhaul of federal counterterrorism law codified crimes tailored to terrorism that are easier to prove than treason. The aim of an indictment in a national-security case should be the surest route to the severest sentence. The point is not to teach a civics lesson, regrettable as our education system’s default has been in that regard.

Yet what is true of treason is not true of sedition. There are charges to bring against those who would destroy our society. They should be brought. Case in point: the University of California at Berkeley.

As our National Review editorial observed in the aftermath of this week’s Berkeley rioting, “there is within the American Left an increasingly active element that is not only deeply illiberal — fundamentally opposed to free speech — but also openly violent.”

I’d further contend that the problem is not confined to this increasingly active element, the Left’s “progressives in a hurry.” Whether it is Berkeley or Benghazi, it is standard operating procedure among the most influential, most allegedly mainstream Democratic politicians to rationalize rioting as mere “protest.” In their alternative reality, violence in the name of sedition is “free speech” — a passionate expression of political dissent — while the actual political speech they so savagely suppress is the atrocity.

There is no mystery about how we got to this dark place. Violent rampaging was the coming-of-age rite of the New Left. That would be the Sixties Left that eventually won the battle for control of the Democratic party and, in its extremism, has estranged that party from its traditional working-class base, and thus from much of the country. The New Left rioted against racism, capitalism, colonialism, and the Vietnam War. They gleefully announced their hatred for AmeriKKKa. They bombed and killed. And in large measure, they got away with it. In fact, they got rewarded for it.

One of the worst legacies of those Days of Rage was the failure of will to prosecute violent leaders of the radical Left to the full extent of the law — particularly the likes of Bill Ayers and