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Ninth Circuit May Rehear Trump’s Travel-Ban Case At least one judge on the appeals court has asked for an en banc hearing. By Jenna Ellis

At least one judge on the Ninth Circuit has requested reconsideration in the matter of State of Washington and Minnesota v. President Trump. The Ninth Circuit chief judge issued an order Friday stating that an unnamed judge among the 29 active members of the circuit court has requested an en banc hearing — meaning that eleven judges or possibly the entire panel would hear the case, rather than the select three-judge panel that issued the 3-0 ruling against Trump’s executive order.

Procedurally, any judge on the circuit court may sua sponte — on the judge’s own initiative without a party asking or moving the court through any written pleadings — request a reconsideration before a fuller bench, rather than the select panel.

The Ninth Circuit’s en banc proceedings typically only consist of eleven judges, as the controlling federal law allows that for circuits with more than 15 judges to limit en banc hearings to “such number of members of its en banc courts as may be prescribed by rule of the court of appeals.” Currently, per the Ninth Circuit’s Rule 35-3, eleven judges sit for a “limited en banc court,” which usually include the chief judge. Parties may suggest or request a hearing before the whole panel of 29 judges; however, the Ninth Circuit has never granted an en banc hearing before the entire panel.

The court’s February 10 order requires the parties to file briefs by 11:00 a.m. Pacific time on Thursday, February 16, arguing their respective positions only on whether the matter should be reconsidered before the fuller panel. Importantly, amicus (or “friend of the court”) briefs may also be filed by interested organizations on either side, seeking to advise the court whether or not to grant a rehearing.

En banc proceedings are not typical, but usually occur in cases that are considered extremely important because of the parties, the precedent value, or because they are particularly noteworthy. This case is particularly suited for a fuller panel review because of the serious issue and extreme importance to the country.

The Muslim Face of the New Democratic Party By Karin McQuillan

Blacks, women, Millennials – liberals in each sub-group are now led by an uncompromising cadre of the hard left, who through their “mass actions” are attempting to turn the country against Donald Trump and brand him an illegitimate president.

Most Americans are concerned about unvetted refugees from jihadi countries. Those who are Democrats have no say in their party anymore. Obama yanked the party hard left. He personally championed the jihadi movement, be it by trying to install the Muslim Brotherhood in Egypt or giving the pariah state Iran billions of dollars and the obsequious Iran deal.

Obama’s legacy: Hard-left Muslim-Americans are rising to positions of prominence in the Democrats’ grassroots organizations. This alliance between Western socialists and Islamists dates back to the Cold War, but it has gained traction in America since 9/11.

One case, among countless others: The anti-Trump women’s march was co-led by an Islamist in a hijab. It is well worth reading the front-page exposé on Linda Sarsour, because she is a leader of so many of the causes that Obama promoted as president: Occupy Wall St., BDS, Black Lives Matter, the Muslim Brotherhood.

After 9/11, Sarsour rose in power by promoting the jihadi fiction of “Islamophobia.” The Democratic Party uses this accusation to fight Republican national security measures and accord itself unmerited moral superiority.

Sarsour’s Islamic group was a big success. It prevented the New York Police Department from conducting surveillance of Muslim groups and mosques the police suspected of promoting terrorism.

For her work, Ms. Sarsour was honored by President Obama as a “White House Champion of Change” and was invited to the White House seven times. She was a delegate to the Democrat National Convention.

Sarsour is a radical Palestinian who supports international terrorism and the destruction of Israel. There are photos of her on the web flashing the ISIS sign.

Sarsour is, as the New York Times puts it, “deeply involved in the Black Lives Matter movement,” a movement founded by three self-identified Marxist revolutionaries who revere the convicted cop-killer and longtime Marxist fugitive Assata Shakur.

Sarsour supports sharia law in America.

You’ll know when you’re living under Sharia Law if suddenly all your loans & credit cards become interest free. Sound [sic] nice, doesn’t it?

There are outstanding Arab-American women fighting the jihadi threat here at home, having suffered firsthand from Muslim barbarism in their native countries. Most prominent are Ayaan Hirsi Ali and Brigitte Gabriel. President Obama and the Democrats consider them enemies.

San Bernardino Shooter’s Friend Enters Plea Agreement Enrique Marquez Jr. was not involved in the terror attack itself By Dan Frosch

A friend of one of the shooters in the San Bernardino, Calif., terror attack agreed to plead guilty to a terrorism conspiracy charge and to lying about his purchase of the weapons used in the mass shooting, federal officials said Tuesday.Prosecutors said Enrique Marquez Jr., 25, bought the assault rifles used by Syed Rizwan Farook and his wife, Tashfeen Malik, in the Dec. 2, 2015, attack on an office holiday party. The couple killed 14 people and wounded more than 20.

On Tuesday, Mr. Marquez admitted to making false statements in connection with his purchase of those weapons. Prosecutors have said Mr. Marquez served as a “straw buyer” of the guns.Mr. Farook and Ms. Malik died later that day in a shootout with police.

Authorities have said the married couple were Islamic extremists, and that Mr. Farook introduced radical Islamic teachings to Mr. Marquez, his friend and former neighbor.

Mr. Marquez also admitted to conspiring with Mr. Farook in 2011 and 2012 to attack Riverside City College, in Southern California, and target commuters on a Los Angeles-area freeway. Those plots were never carried out. Mr. Marquez’s federal public defenders didn’t immediately respond to requests for comment.

Mr. Marquez was arrested following the San Bernardino shooting and has been in federal custody ever since. Mr. Marquez wasn’t involved in the shooting itself. He told authorities that he didn’t know about the San Bernardino attack and had distanced himself from Mr. Farook several years earlier.

“This defendant collaborated with and purchased weapons for a man who carried out the devastating December 2, 2015 terrorist attack that took the lives of 14 innocent people, wounded nearly two dozen, and impacted our entire nation,” said the U.S. Attorney for the Central District of California, Eileen M. Decker.

Ms. Decker added, “While his earlier plans to attack a school and a freeway were not executed, the planning clearly laid the foundation for the 2015 attack on the Inland Regional Center.”CONTINUE AT SITE

Washington Post Whitewashes Hater Of Women, Gays, And Jews Because He’s A Muslim Convert By Ilya Feoktistov

The Washington Post’s ‘hip, tolerant imam’ turns out to be a raving hater—and it’s all on tape.

What did it take for the Washington Post to accuse a Jewish man of racism for exposing a white man as an anti-Semite? That white man’s conversion to Islam.

That’s how reporter Bill Donahue treated Charles Jacobs, the president of my organization, Americans for Peace and Tolerance, in a January 17 puff piece on the influential Muslim convert and cleric, Imam Suhaib Webb: “An unlikely messenger becomes a guiding spirit to young Muslims.”

Jacobs marched with Martin Luther King Jr. and received the “Boston Freedom Award” from MLK’s widow, Coretta Scott King, for his work freeing black slaves in Sudan. But he is now apparently a racist because our organization’s research into the radical Islamic ideology of an Oklahoma-born white male conflicts with the Post’s portrayal of Webb as a cool former hip-hop DJ who knows how to hang with the kids while sharing his religious wisdom and liberal politics in rap lyrics.

I don’t quite get the hipness angle. Webb’s awkward affectations bring to mind Sacha Baron Cohen’s parodic character “Ali G,” a cringe-worthy mix of cultural appropriation, poseurism, and banality that would make Rachel Dolezal blush through her spray tan. But Donahue is a reporter on a mission.
Who’s Slandering Whom Here?

That said, his cool pose isn’t what makes the imam so objectionable, it just distracts from the underlying reality: Webb’s hateful rhetoric towards gays, women, Jews, and American society, and his connections to terrorism. So Donahue had to resort to outright falsehoods in ad hominem attack, claiming that Jacobs “alleged that Webb was anti-Semitic, homophobic and in cahoots with the 1993 World Trade Center bombers, even as Boston’s leading rabbis disagreed and one U.S. attorney, Carmen Ortiz, told the New York Times that Jacobs’s claims were ‘incredibly racist and unfair.’”

Some of these claims are demonstrably false. (Where is the Post’s editor?) Jacobs never accused Webb of being in cahoots with the World Trade Center bombers. In fact, in 1993, when the bombing happened, Webb was just beginning to explore Islam after a youth spent smoking weed and getting involved in drive-by shootings as a member of the Bloods gang.

Worse, perhaps: Ortiz said no such thing regarding Jacobs’ claims about Webb. She did pull that race card when Jacobs embarrassed her by pointing out that Webb’s former mosque, a partner in the Justice Department’s “Countering Violent Extremism” program that she led in Boston, is itself a major source of violent extremism.

It turns out Ortiz is not a credible source on matters of character, and this is not the first time she has slandered people. She resigned in disgrace after bipartisan outrage over her penchant for making baseless claims and “indicting the good guys” soon after Reddit co-founder Aaron Swartz committed suicide after Ortiz indicted him on trumped-up charges.

Former Obama Officials, Loyalists Waged Secret Campaign to Oust Flynn Sources: Former Obama officials, loyalists planted series of stories to discredit Flynn, bolster Iran deal BY: Adam Kredo

The abrupt resignation Monday evening of White House national security adviser Michael Flynn is the culmination of a secret, months-long campaign by former Obama administration confidantes to handicap President Donald Trump’s national security apparatus and preserve the nuclear deal with Iran, according to multiple sources in and out of the White House who described to the Washington Free Beacon a behind-the-scenes effort by these officials to plant a series of damaging stories about Flynn in the national media.
The effort, said to include former Obama administration adviser Ben Rhodes—the architect of a separate White House effort to create what he described as a pro-Iran echo chamber—included a small task force of Obama loyalists who deluged media outlets with stories aimed at eroding Flynn’s credibility, multiple sources revealed.
The operation primarily focused on discrediting Flynn, an opponent of the Iran nuclear deal, in order to handicap the Trump administration’s efforts to disclose secret details of the nuclear deal with Iran that had been long hidden by the Obama administration.
Insiders familiar with the anti-Flynn campaign told the Free Beacon that these Obama loyalists plotted in the months before Trump’s inauguration to establish a set of roadblocks before Trump’s national security team, which includes several prominent opponents of diplomacy with Iran. The Free Beacon first reported on this effort in January.
Sources who spoke to the Free Beacon requested anonymity in order to speak freely about the situation and avoid interfering with the White House’s official narrative about Flynn, which centers on his failure to adequately inform the president about a series of phone calls with Russian officials.
Flynn took credit for his missteps regarding these phone calls in a brief statement released late Monday evening. Trump administration officials subsequently stated that Flynn’s efforts to mislead the president and vice president about his contacts with Russia could not be tolerated.
However, multiple sources closely involved in the situation pointed to a larger, more secretive campaign aimed at discrediting Flynn and undermining the Trump White House.
“It’s undeniable that the campaign to discredit Flynn was well underway before Inauguration Day, with a very troublesome and politicized series of leaks designed to undermine him,” said one veteran national security adviser with close ties to the White House team. “This pattern reminds me of the lead up to the Iran deal, and probably features the same cast of characters.”

Say No to David Petraeus He did his county a great service, but he also broke the law. By David French

If Donald Trump doesn’t understand now, he will eventually. Integrity and truth ultimately do matter, and if he wants to be a successful president, he’s going to have to appoint people to high office who won’t violate the public’s trust.

That means appointing more men like Neil Gorsuch and James Mattis. And it means keeping David Petraeus out of the White House.

This is a painful thing to say. I served under General Petraeus (far, far under, I was a lowly captain in an armored cavalry squadron deployed roughly 100 miles from Baghdad) during the Surge, and I saw with my own eyes the power of effective leadership, the right strategy, and the proper application of force. He came into Iraq at a time of maximum chaos and was instrumental in transforming an emerging and bloody defeat into a stunning battlefield victory.

It’s no understatement to say that by the September 2008 — when he turned over command in Iraq to General Raymond Odierno — he was an American hero, one of the great generals of modern times. Then he betrayed his family, violated the law, and established a precedent for prosecutorial favoritism that haunted America during the 2016 presidential election.

The facts of his case are simple and disappointing. Petraeus had an affair with his biographer, Paula Broadwell, and provided her with notebooks containing highly classified information. Compounding his offense, he apparently initially lied to the FBI when they confronted him in 2012, denying that he had provided any classified information to his mistress.

Lest anyone think the disclosure was harmless — more the by-product of overclassification than an action that risked national security — consider the information he shared with Broadwell. As the Washington Post reported, the notebooks “contained code words for secret intelligence programs, the identities of covert officers, and information about war strategy and deliberative discussions with the National Security Council.”

This was a serious offense, but rather than serve the prison time that virtually any service member would receive under similar (or lesser) circumstances, Petraeus received a sweetheart plea deal. In exchange for pleading guilty to a misdemeanor charge of mishandling classified information, Petraeus was sentenced to two years of probation and ordered to pay a $100,000 fine.

It pays to be powerful.

A Gamble Helped Black Students Thrive On the similarities between Betsy DeVos and another education philanthropist. By William Mattox

Tallahassee, Fla.

Something curious happened at a Black History Month program held at Florida A&M University last week. An actress portraying African-American educator Mary McLeod Bethune (1875-1955) praised someone with a demographic profile eerily similar to Betsy DeVos, who earlier that day was confirmed by the Senate as education secretary. As the program unfolded, it became easy to see why the performer decided to speak up.

When Bethune started her Daytona School for Negro Girls in 1904, the education establishment had little interest in seeing young black children receive good instruction. So she looked elsewhere for help. Bethune reached out to James N. Gamble, son of the Procter & Gamble co-founder and a regular vacationer in Daytona. Bethune told Gamble she wanted more than money. She needed someone who would share her vision for giving underprivileged black children more opportunities.

Gamble was so impressed with Bethune and her students that he bought into her vision—wholeheartedly. He not only became the chairman of Bethune’s school, but enlisted the support of other wealthy businessmen, including John D. Rockefeller.

The influx of financial resources helped. Bethune had previously made school desks out of discarded boxes and crates, and ink for pens out of elderberry juice. But outside funding didn’t solve everything.

During her performance last week, Ersula Odom re-enacted the story of how Bethune and her students huddled one night in their schoolhouse as an angry mob of Ku Klux Klan members assembled outside. Suddenly, the voice of one schoolgirl pierced the darkness, singing the comforting hymn “God Will Take Care of You.” When Bethune and the other students joined in the resounding chorus, the Klansmen realized that they were up against forces they dare not cross. Sheepishly, they turned and walked away.

I realize some people think Mrs. DeVos should be disqualified from public service because she supports giving students more opportunities, including the option of attending faith-based schools where such hymns are often sung today. But I see in Mrs. DeVos echoes of James N. Gamble—another Midwestern Protestant Republican with a family fortune from a cleaning-products company. Like Gamble, Mrs. DeVos has given generously to help disadvantaged kids receive a good education, and she has fully bought into a philosophy that places the needs of children ahead of the interests of the education establishment.

That’s something that should give pause to all of the new education secretary’s detractors—especially those who last Friday stood in a schoolhouse door to block Mrs. DeVos from entering.

Mr. Mattox is director of the Marshall Center for Educational Options at the James Madison Institute.

The Michael Flynn Fallout Congress should include the leaked transcripts in its Russia probes.

Michael Flynn’s resignation as national security adviser is an opportunity for Donald Trump to stabilize his White House operation. But it’s also an opening for Congress to clarify the troubling intelligence machinations over Mr. Flynn’s 2016 campaign contacts with Russia.

Mr. Flynn became a political liability after his account of Dec. 29 phone calls with the Russian ambassador was contradicted by news reports. In his resignation letter, the former intelligence officer said he had given Vice President Mike Pence “incomplete information” about whether he had discussed U.S. sanctions against Russia on these calls.

Initially Mr. Flynn claimed Russian sanctions hadn’t come up in the conversations, and that’s what the Vice President said in defending him on CBS’s “Face the Nation.” But U.S. officials then leaked to the press that transcripts of Mr. Flynn’s phone calls show that sanctions were discussed. “This was an act of trust, whether or not he misled the Vice President was the issue,” White House press secretary Sean Spicer said Tuesday.

Fair enough, if that’s the real reason. But as troubling is the fact that Mr. Flynn may have been targeted for political destruction by intelligence sources inside the government. We wrote Tuesday that the existence of transcripts of Mr. Flynn talking with a foreign official suggests that he may have been the subject of a Foreign Intelligence Surveillance Court (FISA) warrant.

Some media outlets have reported that the FBI requested the warrant as part of the Obama Administration’s investigation into contacts between associates of Mr. Trump and Russian banks. Democrats are now demanding hearings, which they believe will expose more serious and unseemly interactions between Vladimir Putin and the Trump campaign. The House and Senate intelligence committees are already investigating Russian election meddling.

But readers should understand how rare it is for electronic intercepts of a private U.S. citizen—which Mr. Flynn was at the time—to be leaked to the press. The conversations of American citizens are supposed to be protected, lest private reputations be ruined without accountability. So it’s unsettling to read that so many in the government claim to have read the transcripts of Mr. Flynn’s conversations with the Russian ambassador, and then spoke about them to the press.

Obama Fundamentally Transformed the Democrats By Karin McQuillan

Former President Obama failed at transforming America, but did succeeded at transforming the Democratic Party. That is why we are witnessing an unprecedented all-out war against the new president.

Since President Trump’s inauguration, the headlines are all about leftist groups forcing Democratic Party politicians to adopt their strategy of “Resist!” and claiming President Trump is a threat to the country.

Believe your eyes: women in pink pussy hats led by a jihadi-supporting Muslim in a hijab, and youths in black masks attacking Trump supporters with clubs, are precisely what they look like – ideologues and extremists.

So where did all these agitators come from? From the moment he entered the Oval Office, Obama staffed up a leftwing DOJ, EPA and Department of Education, and began to target blacks, conservationists, and millennials with his leftwing, divisive messages. Enormous sums of money were lavished on radical groups and agendas.

As Paul Sperry tells us in an important New York Post article, Obama’s private foundation, Organizing for Action, directly churned out community organizers by the tens of thousands.

When former President Barack Obama said he was “heartened” by anti-Trump protests, he was sending a message of approval to his troops. Troops? Yes, Obama has an army of agitators — numbering more than 30,000 — who will fight his Republican successor at every turn of his historic presidency. And Obama will command them from a bunker less than two miles from the White House.

Significantly, Obama handed his famous state of the art election campaign – the data, the staff, the fundraising – to Organizing for Action, not to the Democratic Party. Eight years later, the Democratic Party is decimated at every level of government. And they are being overrun by professional agitators.

From the moment he took over the Oval office, Obama’s efforts were much bigger than the OFA’s direct training.

According to Hans von Spakowsky and Christian Adams, two attorneys who previously worked in the Civil Rights Division …every single one of the hundreds of lawyers hired during the Obama Administration—every single one—was a leftwing activist. “The Obama Justice Department,” they wrote, “has assembled a law firm of hundreds of fringe leftists to enforce a brave new vision of civil rights law.

Through the DOJ, President Obama instituted a shakedown system eerily reminiscent of the Acorn “Muscle for Money” program that he was a part of in Chicago. But as president, he could do it to the tune of half a billion, yes that’s a billion, dollars.

A Tale of Two Talks: Free Speech in the U.S. by Douglas Murray

During his talk at Georgetown University, Jonathan A.C. Brown condemned slavery when it took place historically in America and other Western countries, but praised the practise of slavery as it happened in Muslim societies, explained that Muslim slaves lived “a pretty good life”, and claimed that it is “not immoral for one human to own another human.” Regarding the vexed matter of whether it is right or wrong to have sex with one of your slaves, Brown, who is director of the Alwaleed bin Talal Center for Muslim-Christian Understanding, said that “consent isn’t necessary for lawful sex”.

No mob of anti-sharia people has gone to Georgetown, torn up telephone poles, set fire to things or smashed up the campus, as mobs did at Berkeley.

Milo Yiannopoulos has never argued that the Western system of slavery was benevolent and worthwhile, and that slaves in America had “a pretty good life”. He has never argued against consent being an important principal in sexual relations. If he had, then the riots at Berkeley would doubtless have been far worse than they were and even more media companies and professors would have tried to argue that Yiannopoulos had “brought the violence upon himself” or even organized it himself.

Sometimes the whole tenor of an age can be discerned by comparing two events, one commanding fury and the other, silence.

To this extent, February has already been most enlightening. On the first day of the month, the conservative activist and writer Milo Yiannopoulos was due to speak at the University of California, Berkeley. To the surprise of absolutely no one, some of the new anti-free speech brigade attempted to prevent the event from happening. But to the surprise of almost everyone, the groups who wish to prevent everyone but themselves from speaking went farther even than they have tended to of late. Before the event could even start, Yiannopoulos was evacuated by security for his own safety. A mob of 150 people proceeded to riot, smash and set fire to the campus, causing more than $100,000 of damage and otherwise asserting their revised version of Voltaire’s maxim: “I may disagree with what you say, but I will defend to your death my right to shut you up.”

When conservative activist and writer Milo Yiannopoulos was due to speak at the University of California, Berkeley on February 1, a mob of 150 people proceeded to riot, smash and set fire to the campus, causing more than $100,000 of damage. (Image source: RT video screenshot)

The riots at Berkeley caused national and international headlines. Mainstream media, including Newsweek, also attempted to do their bit for an event they would ordinarily deride as “fake news.” Following a segment on CNN, Newsweek ran a piece by Robert Reich, the chancellor’s professor of public policy at Berkeley and a former Clinton administration official, arguing that “Yiannopoulos and Brietbart [sic] were in cahoots with the agitators, in order to lay the groundwork for a Trump crackdown on universities and their federal funding.” This conspiracy theory would involve Yiannopoulos arranging for 150 masked fanatics not merely to trash a campus on his orders, but to continue to remain silent about it in the days and weeks after the event.

In Newsweek, Reich wrote, “I don’t want to add to the conspiratorial musings of so many about this very conspiratorial administration, but it strikes me there may be something worrying going on here. I wouldn’t bet against it.” And so, a tenured academic made an implausible as well as un-evidenced argument that his political opponents not merely bring violence on themselves but actually arrange violence against themselves.

All of the violence and all of these claims were made in February in the aftermath of a speech that never happened. But consider how little has been said and how little done about a speech that certainly did go ahead just one week later at another American university — not by a visiting speaker but by a resident academic and teacher.

On February 7, at the University of Georgetown, Jonathan A.C. Brown, the director of the entirely impartial Alwaleed bin Talal Center for Muslim-Christian Understanding at Georgetown, gave a 90-minute talk entitled “Islam and the Problem of Slavery”. Except that the white convert to Islam, Jonathan Brown, apparently did not think that there is a particular problem with slavery — at least not when it comes wrapped in Islam. During the talk (which Brown himself subsequently uploaded onto YouTube) the lecturer condemned slavery when it took place historically in America, Britain and other Western countries, but praised the practice of slavery in Muslim societies. Brown explained how Muslim slaves lived “a pretty good life”, claimed that they were protected by “sharia” and claimed that it is “not immoral for one human to own another human.” Regarding the vexed matter of whether it is right or wrong to have sex with one of your slaves, Brown said that “consent isn’t necessary for lawful sex” and that marital rape is not a legitimate concept within Islam. Concepts such as “autonomy” and “consent”, in the view of the Director of the Alwaleed Center at Georgetown, turned out to be Western “obsessions”.