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NATIONAL NEWS & OPINION

50 STATES AND DC, CONGRESS AND THE PRESIDENT

Trump vs. Clinton, Round One The modern political debate format and its disservice to voters. Bruce Thornton

If the first presidential debate was a boxing match, Hillary dropped her guard and stuck out her chin at least half a dozen times, Donald threw wild haymakers that landed maybe once or twice, and the referee Lester Holt obviously had laid a six-figure bet on Hillary. Ali vs. Frazier it wasn’t.

Whether this debate makes a difference in the election is unknowable. Romney cleaned Obama’s clock during their first debate in 2012, but that mattered less than the leaked “47%” sound bite. Remember, in 2008, from September 5 to 17, McCain and Obama were virtually tied in the polls. After Lehman Brothers collapsed on September 15, McCain never again led in a poll, and Obama won by seven points. In every election, candidates are vulnerable to the sort of “event” that terrified British PM Harold Nicolson. Right now in 2016 the dice are still rolling.

More interesting to me is how this spectacle illustrates just how debased our political culture has become. First, what we call a “debate” is not a debate. Rather than two people directly confronting and challenging each other, we have a “moderator” choosing the questions and attempting to manage the answers. Holt’s obvious bias for Hillary illustrates the problem of having a moderator drawn from the media, which are clearly in one camp or another and choose questions and interventions consistent with their ideology.

Thus Holt wasted time scourging Trump with the stale “birther” issue, his tax returns, his alleged misogyny, his bankruptcies, stop-and-frisk, and his support for the Iraq war. But nary a question for Hillary on the Clinton Foundation and the evidence for a conflict of interest during her tenure as Secretary of State, nary a one on her documented lies about her email server through which she passed classified information, nary a word on her responsibility for the debacle in Benghazi and the deaths of four Americans. And how about Hillary’s “basket of deplorables,” or her accusation that whites have an “implicit bias” against blacks, or her support for the Iraq war, or her public insult of General David Petraeus when in 2007 she said his true data on the success of the surge in Iraq “required a willing suspension of disbelief”? More telling, Holt asked Trump six follow-up questions, and Hillary not a single one. And he interrupted Trump more than he did Hillary.

The point, however, is not that we need a “good” moderator rather than a bad one. Nor do I think Holt’s bias is why Trump didn’t do as well as he could have. Trump had every opportunity to pound Hillary with the issues Holt ignored, or to brush off Holt’s “gotcha” fishing. The real point is why do we have a moderator at all? There was no moderator in 1858 during the seven Lincoln-Douglas debates, the perennial epitome of good political debates. Each candidate decided on the issue to address, posed questions to his opponent, or made a claim about him. Each candidate then responded and “fact-checked” his opponent’s assertions, as Lincoln did in the first debate when he responded to Douglas’ charge that he had conspired to “abolitionize” the Democrat and Whig parties. It was up to the some ten-thousand spectators to adjudicate between which candidate was truthful or which made the better argument, not some “moderator” with a partisan axe to grind.

Left-Wing AGs Are Playing Politics with the Law A perversion of rule of law By Jim Copland & Rafael A. Mangual

In at least a handful of blue states, a disturbing trend is emerging: Left-wing state attorneys general are acting less like legal representatives of their constituents and more like partisan political activists. Why is this disturbing? Because, unlike your run-of-the-mill community organizer, activist attorneys general have at their disposal broad legal powers (not to mention millions upon millions of tax dollars) that they can use to investigate, subpoena, sue, or prosecute the targets of their political party — and they’re doing just that.

In New York, Attorney General Eric Schneiderman announced this spring that he would be leading a battle on climate change by investigating fossil-fuel companies, such as ExxonMobil, for “[misleading] investors and the public on the impact of climate change on their businesses.” A thin legal theory, to be sure: Unlike cases in which a corporation has unique information about its own products and services, on the issue of climate change there is a vast public trove of articles and analysis for investors to examine. But Schneiderman was able to invoke broad subpoenas and threats of prosecution under the auspices of New York’s infamous Martin Act, an obscure 1921 statute revived by Schneiderman’s predecessor Eliot Spitzer as he assumed the mantle of the “Sheriff of Wall Street” before the financial crisis. And Schneiderman isn’t alone in this particular effort: Other state AGs lined up beside him. Claude Walker, the attorney general for the U.S. Virgin Islands, issued to the Competitive Enterprise Institute a sweeping subpoena that demanded it turn over all communications with nearly every free-market think tank (including the one that employs the authors of this piece) on issues relating to climate change. (This subpoena has since been withdrawn.)

Among Schneiderman’s fellow AGs who demanded documents and testimony from ExxonMobil was Massachusetts attorney general Maura Healey. Healey has recently shifted her attention to another ideological enemy: gun manufacturers, namely Glock Inc. and Remington Outdoor Co. Earlier this year, Healey unilaterally redefined a term in the state’s assault-weapons ban in order to broaden the scope of weapons covered without going through the legislative process. Healey also launched an investigation into Glock and Remington under a product-liability theory – a move that seems to contradict the Democratic presidential nominee’s statements about gun manufacturers’ being “totally free of liability.” Healey’s investigation is now the subject of ongoing litigation initiated by Glock, which has stated its belief that the “true purpose” of her investigation is “to harass an industry that the attorney general finds distasteful and to make political headlines by pursing members of the firearm industry.” The gun company might have a point, given that Glock pistols apparently cannot be sold to consumers in the state of Massachusetts because they do not comply with the state’s handgun safety regulations. This contributes to the impression that the investigation is merely a pretext for punishing a politically disfavored group.

The Next President Unbound There is reason to worry about both candidates abusing power as president, because Obama and the press normalized executive overreach. By Victor Davis Hanson

Donald Trump’s supporters see a potential Hillary Clinton victory in November as the end of any conservative chance to restore small government, constitutional protections, fiscal sanity, and personal liberty.

Clinton’s progressives swear that a Trump victory would spell the implosion of America as they know it, alleging Trump parallels with every dictator from Josef Stalin to Adolf Hitler.

Part of the frenzy over 2016 as a make-or-break election is because a closely divided Senate’s future may hinge on the coattails of the presidential winner. An aging Supreme Court may also translate into perhaps three to four court picks for the next president.

Yet such considerations only partly explain the current election frenzy.

The model of the imperial Obama presidency is the greater fear. Over the last eight years, Obama has transformed the powers of presidency in a way not seen in decades.

Congress talks grandly of “comprehensive immigration reform,” but Obama, as he promised with his pen and phone, bypassed the House and Senate to virtually open the border with Mexico. He largely ceased deportations of undocumented immigrants. He issued executive-order amnesties. And he allowed entire cities to be exempt from federal immigration law.

The press said nothing about this extraordinary overreach of presidential power, mainly because these largely illegal means were used to achieve the progressive ends favored by many journalists.

The Senate used to ratify treaties. In the past, a president could not unilaterally approve the Treaty of Versailles, enroll the United States in the League of Nations, fight in Vietnam or Iraq without congressional authorization, change existing laws by non-enforcement, or rewrite bankruptcy laws.

Not now. Obama set a precedent that he did not need Senate ratification to make a landmark treaty with Iran on nuclear enrichment.

He picked and chose which elements of the Affordable Care Act would be enforced — predicated on his 2012 reelection efforts.

Rebuffed by Congress, Obama is now slowly shutting down the Guantanamo Bay detention center by insidiously having inmates sent to other countries.

Respective opponents of both Trump and Clinton should be worried.

Either winner could follow the precedent of allowing any sanctuary city or state in the United States to be immune from any federal law found displeasing — from the liberal Endangered Species Act and federal gun-registration laws to conservative abortion restrictions.

Could anyone complain if Trump’s secretary of state were investigated by Trump’s attorney general for lying about a private e-mail server — in the manner of Clinton being investigated by Loretta Lynch?

Would anyone object should a President Trump agree to a treaty with Russian president Vladimir Putin in the same way Obama overrode Congress with the Iran deal?

If a President Clinton decides to strike North Korea, would she really need congressional authorization, considering Obama’s unauthorized Libyan bombing mission?

What would Americans say if President Trump’s IRS — mirror-imaging Lois Lerner — hounded the progressive nonprofit organizations of George Soros?

Partisans are shocked that the press does not go after Trump’s various inconsistencies and fibs about his supposed initial opposition to the Iraq War, or press him on the details of Trump University.

Conservatives counter that Clinton has never had to come clean about the likely illegal pay-for-play influence peddling of the Clinton Foundation or her serial lies about her private e-mail server.

But why, if elected, should either worry much about media scrutiny?

Obama established the precedent that a president should be given a pass on lying to the American people. Did Americans, as Obama repeatedly promised, really get to keep their doctors and health plans while enjoying lower premiums and deductibles, as the country saved billions through his Affordable Care Act?

More recently, did Obama mean to tell a lie when he swore that he sent cash to the Iranians only because he could not wire them the money — when in truth the administration had wired money to Iran in the past? Was cash to Iran really not a ransom for American hostages, as the president asserted? Did Obama really, as he insisted, never e-mail Clinton at her private unsecured server?

Can the next president, like Obama, double the national debt and claim to be a deficit hawk?

A SEAL Goes to Congress By Elise Cooper Ryan Zinke (R-MONTANA)

“Since he is Jewish, he agrees that people should not be comparing the refugees of today with the Jewish refugees escaping the Nazis. “For me it’s like two completely different subsets, apples and oranges. Some of the refugees today seem to have no allegiance to the U.S. Constitution and do not assimilate well. There should be experts trained to determine a high threat, medium threat, and low threat. Just look how this administration processed illegal immigrants who were supposed to be deported, but were granted illegal status here.”
Retired Navy SEAL Ryan Zinke is running for re-election as Montana’s sole congressman. He is in a tight race against a Democrat liberal enough to make Hillary Clinton appear like a conservative. Recently, those who served in the U.S. armed forces, like Zinke, have decided to extend their service by becoming the new leaders in Washington DC. He interviewed with American Thinker, sounding off about issues important to him and this country.

Once elected, Zinke knew he must wade through the waters once again, but this time as the first Navy SEAL to go to Congress. Having to maneuver through the Washington bureaucracy has been a lot harder than performing his duties as a SEAL. “I went to Congress to give veterans a voice and because we understand what it takes to get the job done. We are less Red or Blue, but more Red, White, and Blue. Having been overseas we understand the importance of how national security/defense are critical in keeping this country free.”

A twenty-three-year veteran, he ended his military career as a commander and trainer. This propelled him to understand what it takes to become a U.S. representative, bringing character and leadership to Washington. He told American Thinker, “When you go out on the field, when you’re in battle, then you have to operate as a team and understand you’re doing it for a higher purpose. I think we should re-establish what the higher purpose is. We were all sent here, Republican or Democrat, to represent our district and also look at what’s in the best interest of this country.”

One of the most important issues to him is the vetting of Middle Eastern refugees. He helped to sponsor the American Safe Act, which passed the House of Representatives with a bipartisan vote in November 2015. The bill’s purpose is to bolster the refugee screening process. After hearing the FBI director’s testimony he knew that it is very difficult to vet these refugees because there is no database. Having fought in Iraq he understands “In Iraq and Syria you’re looking at a country that doesn’t have indoor plumbing. And yet we think that we have a database where we can determine who is a terrorist, who is a terrorist sympathizer? And who is not and who is an innocent victim? Quite frankly, we don’t have the database because a database doesn’t exist. So I think the right path is to make sure we have a vetting process where we can identify the threat. And we need to stop and pause. Provide more transparency. And when we do have refugees, we need to ensure those refugees are not terrorists. I see it as extremely dangerous since we are still at war.”

Since he is Jewish, he agrees that people should not be comparing the refugees of today with the Jewish refugees escaping the Nazis. “For me it’s like two completely different subsets, apples and oranges. Some of the refugees today seem to have no allegiance to the U.S. Constitution and do not assimilate well. There should be experts trained to determine a high threat, medium threat, and low threat. Just look how this administration processed illegal immigrants who were supposed to be deported, but were granted illegal status here.”

The FBI’s Hillary email probe is looking even more like a coverup Paul Sperry

It’s bad enough that FBI Director James Comey agreed to pass out immunity deals like candy to material witnesses and potential targets of his investigation into former Secretary of State Hillary Clinton’s illegal private e-mail server.

But now we learn that some of them were immunized despite lying to Comey’s investigators.

In the latest bombshell from Congress’ probe into what’s looking more and more like an FBI whitewash (or coverup) of criminal behavior by the Democratic nominee and her aides, the Denver-based tech who destroyed subpoenaed e-mails from Clinton’s server allegedly lied to FBI agents after he got an immunity deal.
That’s normally a felony. As a federal prosecutor, Comey tossed Martha Stewart in jail for it and helped convict Scooter Libby for it as well. Yet the key Clinton witness still maintained his protection from criminal prosecution.

With Comey’s blessing, Obama prosecutors cut the deal with the e-mail administrator, Paul Combetta, in 2015 in exchange for his full cooperation and honest testimony. But the House Judiciary Committee revealed Wednesday that he falsely told agents in a Feb. 18 interview that he had no knowledge that e-mails he bleached from the server were under congressional orders to be preserved as evidence.

In a second interview on May 3, Combetta admitted he, in fact, did know. But he still refused to reveal what he discussed with Clinton’s former aides and lawyer during a 2014 conference call about deleting the e-mails.

Instead of asking Attorney General Loretta Lynch to revoke his immunity deal and squeezing him, Comey let him go because he was a “low-level guy,” he testified at the House hearing. It’s yet another action by Comey that has left former prosecutors shaking their heads.

Hillary’s Talk of ‘Implicit Bias’ Should Scare Every American This is a road we don’t want to travel. By David French

You’re guilty and you don’t know it. Sure, you think you’re a decent person who treats people fairly, judging them on the content of their character and not the color of the skin. But let’s face it: You’re deluded. Especially if you happen to be white, you’re biased and you don’t even know it. You’re unaware of your own privilege, and of the extent to which your beliefs, speech, and even mannerisms oppress people of color. It’s time to confess. It’s time to be re-educated. It’s time to rid yourself of your false consciousness.

This is the message of the modern campus radical, of the diversity trainer, and, increasingly, of the Democratic nominee for president, Hillary Clinton.

Like many of the most dangerous progressive ideas, “implicit bias” or “unconscious racism” seems reasonable enough at first glance: Aren’t we all shaped by our environment and upbringing to make snap judgments about people? Aren’t those judgments often wrong? Couldn’t we all use exposure to different cultures and ideas to help us get past preconceived notions and casual bigotries? What could be wrong with that?

Indeed, in the debate Monday night, Clinton framed her discussion of “implicit bias” as a malady we all suffer from, telling Lester Holt: “I think implicit bias is a problem for everyone, not just police. I think, unfortunately, too many of us in our great country jump to conclusions about each other.” Well, yes, too many people do jump to conclusions. So, what’s the solution, Hillary?

When it comes to policing, since it can have literally fatal consequences, I have said, in my first budget, we would put money into that budget to help us deal with implicit bias by retraining a lot of our police officers.

Wait. What? If we’re all biased, who’s training whom? Let’s be very clear: When it moves from abstract to concrete, all this talk about “implicit bias” gets very sinister, very quickly. It allows radicals to indict entire communities as bigoted, it relieves them of the obligation of actually proving their case, and it allows them to use virtually any negative event as a pretext for enforcing their ideological agenda.

Is this overblown? Well, let’s look at how Clinton has used “implicit bias” to deal with a specific incident: the shooting of Terence Crutcher in Tulsa, Okla.:

Hillary Clinton comments on #TerenceCruthcher on @SteveHarveyFM: “How many times do we have to see this in our country?” Full: pic.twitter.com/MdCbvHjHF5
— Dan Merica (@danmericaCNN) September 20, 2016

This is extraordinarily irresponsible. How does Hillary possibly know that Crutcher’s shooting had anything at all to do with race? I don’t recall her being in Tulsa that night. There is no “we” about a police officer’s decision to pull the trigger. So why are we talking about collective guilt?

Ah, but that’s the magic of “implicit bias” and “unconscious racism.” Skepticism of its existence is proof of its existence, and you can just “know” that Crutcher or Philando Castile or Michael Brown or Keith Scott would be alive today if they had been white. In other words, the very existence of the incident proves the racism. The denials of racism prove the racism. And everyone who’s “keeping score” or “gets it” knows the real truth.

Devlin Barrett: FBI Director Defends Agency’s Actions in Clinton Email Probe James Comey says FBI weren’t ‘weasels’ in Clinton investigation

The head of the Federal Bureau of Investigation sparred repeatedly with Republican lawmakers Wednesday as they questioned the handling of the FBI’s probe into Hillary Clinton’s use of a private email server when she was Secretary of State.

The FBI announced in July that investigators found extremely careless conduct in Mrs. Clinton’s handling of sensitive government information under the email arrangement, but also concluded that no reasonable prosecutor would have brought a case under the circumstances. Conservatives have been highly critical of the FBI for not pursuing the case more aggressively and for not recommending prosecution of Mrs. Clinton, the Democratic nominee for president.

That criticism has intensified in recent days when it was revealed that the Justice Department granted partial immunity to some witnesses, including Clinton aide and attorney Cheryl Mills, to get access to data or testimony.

Testifying before the House Judiciary Committee, James Comey bristled at times when lawmakers suggested his agency gave Mrs. Clinton or her people a pass on conduct that would have merited charges for low-level government employees.

“We are not on anybody’s side. This was done exactly the way you would want it to be done,’’ Mr. Comey said. Partial and limited grants of immunity were given, he said, to get a laptop from a lawyer or testimony from a technology worker who otherwise refused to talk to investigators.

“You can call us wrong, but don’t call us weasels. We are not weasels,’’ said Mr. Comey, who served as deputy attorney general under President George W. Bush.

Comey’s Immunity Deals Plus, the real story on stop-and-frisk. By James Freeman

FBI Director James Comey appears Wednesday before the House Judiciary Committee. The big question is why—if he believes Hillary Clinton committed no prosecutable offense—he has given immunity deals to no fewer than five Clinton associates. A Journal editorial cites Beth Wilkinson, who represents Clinton aides Cheryl Mills and Heather Samuelson, saying the immunity deals were designed to protect her clients against “classification” disputes. “This is an admission that both women knew their unsecure laptops had been holding sensitive information for more than a year,” adds the editorial board.
Donald Trump is right about the “stop and frisk” police tactic and on Monday night he was “unfairly second-guessed by a moderator who didn’t give the viewing public all the facts,” notes a separate editorial. NBC’s Lester Holt and Mrs. Clinton called the tactic unconstitutional. “They are wrong,” adds former prosecutor and New York Mayor Rudolph Giuliani . “Stop and frisk is constitutional and the law of the land,” based on an 8-1 decision of the Supreme Court, Terry v. Ohio .

Speaking of Monday night’s debate, Jason Riley saw it as a clear Clinton victory and so did William Galston. But Holman Jenkins says the event helped clarify that this election “will resolve into very flawed outsider vs. very flawed insider—and will be decided by the American people in that vein.”

Trump and Iraq What’s wrong with “fact checking”? Here’s a case study. James Taranto

This column has long argued that the journalistic genre known as “fact checking” is a corruption of journalism. “The ‘fact check’ is opinion journalism or criticism, masquerading as straight news,” we wrote in 2008. “The object is not merely to report facts but to pass a judgment.”

Eight years later, we’d amend that slightly. “Fact checking” doesn’t pretend to be straight news exactly, but something more authoritative. The conceit of the “fact checker” is that he has some sort of heightened level of objectivity qualifying him to render verdicts in matters of public controversy.

Lately the “fact checkers” have been waging a campaign to portray Donald Trump as a contemporaneous supporter of the Iraq war, contrary to his assertions that he was an opponent. In Monday’s debate, Hillary Clinton pleaded for their help: “I hope the fact checkers are turning up the volume and really working hard. Donald supported the invasion of Iraq.” Moderator Lester Holt obliged, basing a question to Trump on the premise that the matter was settled: “You supported the war in Iraq before the invasion.”

Trump somewhat inarticulately rebutted the claim: “The record shows that I’m right. When I did an interview with Howard Stern, very lightly, the first time anybody’s asked me that, I said, very lightly, I don’t know, maybe, who knows.”

What Trump actually said on Sept. 11, 2002, when Stern asked him if he favored an invasion, was: “Yeah, I guess so.” That was an affirmative statement, but a highly equivocal one. Is it fair or accurate to characterize it as sufficient to establish that Trump was a “supporter”? In our opinion, no. He might well have had second thoughts immediately after getting off the air with Stern.

He certainly had second thoughts in the ensuing months, and he came to oppose the invasion long before Mrs. Clinton did. Even FactCheck.org was unable to come up with any other Trump statement supportive of the decision to go to war. By December 2003, according to the site’s timeline, Trump was observing (in an interview with Fox News Channel’s Neil Cavuto) that “a lot of people” were “questioning the whole concept of going in, in the first place.” Five years later, according to PolitiFact.com, Trump was calling for President Bush’s impeachment because, as he told CNN’s Wolf Blitzer, “he got us into the war with lies.” CONTINUE AT SITE

FBI Identifies Men Sought in Bomb Bag Video The two men work for EgyptAir, flew home shortly after the Sept. 17 bombing, officials say By Devlin Barrett

Two men wanted as witnesses in the New York bombing investigation after they removed a bag apparently left by the bomber have been identified by the Federal Bureau of Investigation, according to officials close to the case.

The two men work for EgyptAir and flew home shortly after the Sept. 17 bombing, officials said. Investigators are now trying to arrange an interview with the men in Egypt, the officials said.

The FBI considers the men witnesses, not suspects, in the investigation, and agents have been trying to identify and speak to the men for more than a week. Finding them had become a priority for investigators probing the detonation of a homemade bomb in the Manhattan neighborhood of Chelsea that injured 31 people.

After that explosion, passersby noticed another suspicious device four blocks away, and when police inspected it they discovered it was a pressure-cooker bomb very similar to the one that had exploded earlier.

Video from the neighborhood that night shows the bombing suspect, Ahmad Khan Rahami, wheeling a duffel bag down the street, then leaving it on the sidewalk. A short time later, two men approach, open the bag, remove the homemade bomb wrapped in a garbage bag, and walk away with the bag. Officials say the two men may have inadvertently disarmed the bomb when they picked it up and removed it from the duffel bag.

The FBI has wanted to talk to the men to find out what they saw and heard that night, and, they hope, retrieve the bag and see if there is any additional physical evidence still on it. CONTINUE AT SITE