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50 STATES AND DC, CONGRESS AND THE PRESIDENT

Obama’s Legacy of Demagoguery and Divisiveness The “Ferguson effect” takes its toll on the African-American community while race relations are at a nadir. Ari Lieberman

When Obama assumed office in 2009, there were high hopes that the first African American president with bi-racial parents would be able to bridge the racial divide and foster unity in the country. Those hopes were soon dashed. Nearly eight years later, the nation is more polarized than ever, as devastating race riots grip large metropolitan cities with alarming frequency.

Instead of offering hope, Obama gave us demagoguery. Instead of fostering unity he stoked and encouraged divisiveness. Instead of providing concrete solutions, he issued speeches laced with empty rhetoric and platitudes. Instead of calming the nation in times of crisis, he engaged in race baiting.

The first test of Obama’s seriousness in addressing race relations came just six months after being sworn in. Police officers in Cambridge Massachusetts received a call of a possible burglary in progress and responded. When arriving at the scene, they found Harvard professor Henry Louis Gates Jr. trying to force his way into his house through a malfunctioning door. The police were unfamiliar with his identity and asked for identification to establish residency. Gates instantly became irate, indignant and uncooperative. It went downhill from there. Gates was arrested for disorderly conduct, though the charges were later dropped.

An event that was essentially a misunderstanding and a local matter was suddenly thrust into the spotlight and propelled to the national stage. You see, Gates, an African American, cried racism. He also happened to be pals with Obama. Obama could have told Gates to work things out with the police or file a complaint with the Civilian Complaint Review Board if he felt slighted. Instead, Obama stoked the flames of hate by publicly siding with Gates, claiming the police “acted stupidly.”

Before ascertaining the facts, Obama rushed to judgment and immediately condemned those entrusted with safeguarding our security. His asinine response would set the administration’s tone for the next seven years. Obama later backtracked on his rush to judgment and offered the arresting police officer, Sgt. James Crowley, a beer but the damage had already been done. The only thing that the African American community took away from the encounter was that the police acted “stupidly,” thus reinforcing preexisting negative perceptions so prevalent within that community.

There is no doubt that some level of tension exists between various police departments and members of the African American community but the president has a responsibility to calm frayed nerves and foster understanding and outreach. Instead, Obama has done the opposite. Race-baiting, tax cheats and serial liars like Al Sharpton are frequent guests of the White House. According to official records, Sharpton visited the White House on more than 100 occasions and that number excludes official administration visits to him.

Trump Takes on Holt and Hillary …and the whole system. Daniel Greenfield

Donald Trump’s main opponent in the first presidential debate wasn’t Hillary Clinton. It was NBC anchor Lester Holt. Hillary, with forced smiles as brittle as china and an eerie fake laugh, continued her primary debate strategy of repeating canned talking points while waiting for the moderator to knock off her opponent. Hillary wasn’t there to debate, but to once again seem like the only possible option.

Holt’s job was to make her seem like the only possible option by targeting Trump.

There were fears that Lester Holt would be another Candy Crowley. That was unfair to Crowley. The entire debate was structurally biased. Its general topics were framed in narrow left-wing terms, instead of discussing the economy and moving the country forward, Holt defined the topics as class warfare and racial divisiveness. Even national security was narrowed down to Obama’s favorite battlespace, cyberspace, rather than the actual battlefield.

Trump was hit with repeated personal attacks and gotcha questions by Holt, who then took to arguing with him over the facts. Hillary, despite having been under investigation by the FBI, received only a perfunctory offer from Lester Holt to comment on her emails after Trump had raised the issue.

But Holt’s overt bias also proved to be his undoing. Candy Crowley had been effective because her interjection into the debate between Obama and Romney had come as something of a surprise. Holt made his agenda clear at the outset. And it also made him easy to ignore, as Trump frequently did.

Like small boys jumping into a mud pile, media personalities had been urging each other on for weeks to abandon even the pretense of objectivity and just go after Trump. That’s what Holt did in his awkward and impotent way. And it proved to be ineffective as he quickly lost control of the debate. Holt, like the rest of his media cohort, had failed to understand that overt bias makes them less effective.

Hillary’s role in the debate was to grit her teeth and smile awkwardly, then deliver a few scripted attacks and lines that would allow her media allies to hail her as the winner. It was an easy job that she botched.

Debate Wrap-Up: Media Bashing of Lauer Has Desired Effect as Lester Holt Lets His Bias Fly Candy Crowley in a suit. By Stephen Kruiser

Forget everything you read or heard about Lester Holt being a Republican. After Matt Lauer dared to ask Hillary Clinton a couple of very fair questions at the Commander-in-Chief Forum and was savaged by the likes of WaPo, The New York Times and MSNBC, Lester Holt made sure that he didn’t end up being the story in the MSM tomorrow.

The first part of the debate was actually all right for Holt, but the wheels flew off when they got to how each candidate would handle healing the racial divide in the U.S. Holt went for the birther issue with Trump, which isn’t off the table but has very little relevance to what faces our next president. Had Hillary brought it up it would have been fine. For Holt to interject it during what was supposed to be a substantive discussion on race relations made it seem as if he were being fed questions directly from Clinton HQ.

Holt then hit Trump with a question about him saying that Hillary didn’t have a presidential “look,” which obviously just served as a platform for Hillary to call Trump a sexist. It was George- Stephanopoulos-are-you-going-to-ban-contraception bad.

His final question asked the candidates if they would both accept the will of the voters in November, which is the kind of thing one might find precocious and adorable if asked by a third grader but was groan-worthy coming from a grown man.

The number of vulnerable areas he pressed Hillary about was zero so I can’t give you any examples of those.

Having said all that, Trump still could have done much better. He seemed like he was trying to cover ALL the ground with every answer. That meandering took away a lot of his bite. He would have been better off picking three or four really vulnerable areas (emails, Benghazi, etc.) and hammering away at those until she became irritated and imperious, as she always does. I know the press loves to talk about him being easily provoked, but she may still have the thinnest skin in this election. He wouldn’t have to push her buttons too many times to get her into the “We are not amused…” zone. CONTINUE AT SITE

U.S. Murders Increased 10.8% in 2015 The figures, released by the FBI, could stoke worries that the trend of falling crime rates may be ending By Devlin Barrett

Murders in the U.S. jumped 10.8% in 2015, according to figures released Monday by the Federal Bureau of Investigation—a sharp increase that could fuel concerns that the nation’s two-decade trend of falling crime may be ending.

The figures had been expected to rise, after preliminary data released earlier this year indicated violent crime and murders were climbing. But the double-digit increase in murders dwarfed any of the past 20 years, in which the biggest one-year jump was 3.7% in 2005.

In 2014, the FBI recorded violent crimes of all types narrowly falling, by 0.2%. In 2015, the number of violent crimes rose 3.9%, though the number of property crimes fell 2.6%, the FBI said.

Richard Rosenfeld, a criminologist at the University of Missouri-St. Louis, said a key driver of the jump in murders may be increasing distrust of police in major cities where controversial officer shootings of African-American residents have led to protests.

Members of minority and poor communities may be more reluctant to talk to police and help them solve crimes, part of the “Ferguson effect”—a term used by law-enforcement officials referring to the aftermath of the killing of an unarmed, black 18-year-old man in Ferguson, Mo., by a policeman in 2014.

Some law-enforcement officials, including FBI Director James Comey, have said that since the Ferguson shooting and protests, some officers may be more reluctant to get out of their patrol cars and engage in the kind of difficult work that reduces street crime, out of fear they may be videotaped and criticized publicly.

“This rise is concentrated in certain large cities where police-community tensions have been notable,’’ said Mr. Rosenfeld, citing Cleveland, Baltimore, and St. Louis as examples. The increase isn’t spread evenly around America, he pointed out, but centered on big cities with large black populations.

In all, there were 15,696 instances of murder and nonnegligence manslaughter in the U.S. last year, the FBI said.

A Drug Cartel at the FDA A new rule will produce a lawsuit rush and raise prices for generics.

The anaphylactic political shock over EpiPen prices continues, and last week a House committee dragged in the company CEO. But some outrage should land on the Food and Drug Administration, which won’t approve a generic stinger that would end Mylan’s monopoly power. Instead, the agency is finishing regulation that will restrict competition precisely as patients are demanding cheaper medicines.

The FDA will next year complete a new rule on labeling generic drugs, which are chemically no different from brand-name versions but sell at an average 80% discount. One reason generics are so much cheaper is that the drugs are approved under an expedited FDA process and bear identical labels to branded equivalents—side effects and so on. The FDA would allow generic producers to alter their own labels to include “up-to-date” safety risks, as the agency puts it.

That sounds innocuous, but here’s the fine print: Generic producers would be exposed to a crush of new lawsuits. The Supreme Court ruled in 2011 that generic drug makers are shielded from torts that accuse a company of failing to warn consumers of risks. The reason for the dispensation is that generic producers are not at liberty to tweak their labels. The FDA’s rule would skirt that precedent, and the law: The 1984 Hatch-Waxman Act requires branded and generic drugs to be identical “in all respects—including labeling,” to borrow from a 2014 letter from Congress to the FDA.

Unleashing the trial lawyers would increase generics spending by $5.6 billion in 2017, and the figure reaches $8.6 billion in 2024, according to a report by Alex Brill of Matrix Global Advisors. Consumers will pay for legal fees and settlements through higher drug prices. Small companies may not be able to absorb the expense. Even large firms will suffer because he industry sells its generic products near marginal cost. The result is likely to be less of the competition that drives down prices: A patient pays a mere 20% of the brand-name cost when eight generic firms are battling for market share, an FDA analysis found.

The Secrets of Cheryl Mills If there was no evidence of criminal activity, why all the immunity? By William McGurn

Why did Cheryl Mills require criminal immunity?

This is the irksome question hanging over the FBI investigation into Hillary Clinton’s home-brew server in the wake of news that Ms. Mills was granted immunity for her laptop’s contents.

Ms. Mills was a top Clinton aide at the State Department who became Mrs. Clinton’s lawyer when she left. She was also a witness, as well as a potential target, in the same FBI investigation into her boss’s emails. The laptop the bureau wanted was one Ms. Mills used in 2014 to sort Clinton emails before deciding which would be turned over to State.

Here’s the problem. There are two ways a witness can get immunity: Either she invokes the Fifth Amendment on the grounds she might incriminate herself, or, worried something on the laptop might expose her to criminal liability, her lawyers reveal what this might be before prosecutors agree to an immunity deal.

As with so much else in this investigation, the way the laptop was handled was out of the ordinary. Normally, immunity is granted for testimony and interviews. The laptop was evidence. Standard practice would have been for the FBI to get a grand-jury subpoena to compel Ms. Mills to produce it.

Andrew McCarthy, a former U.S. attorney, puts it this way: “It’s like telling a bank robbery suspect, ‘If you turn over that bag, I’ll give you immunity as to the contents’—which means if the money you robbed is in there, I can’t use it against you.”

The Mills immunity, which we learned of on Friday, has unfortunately been overwhelmed by the first Trump-Clinton debate. But the week is still young. On Wednesday, Congress will have an opportunity to put the Mills questions to FBI director James Comey when he appears before the House Judiciary Committee.

Back in July, Mr. Comey must have thought he’d settled the issue of Mrs. Clinton’s emails with a grandstanding press conference in which he asserted “no reasonable prosecutor” would bring a case against her based on what the FBI had found. In so doing, he effectively wrested the indictment decision (and any hope for political accountability) from the Justice Department. Plainly even his own agents weren’t buying, given that Mr. Comey later felt the need to issue an internal memo whining that he wasn’t being political. CONTINUE AT SITE

Fact-Checking: Hillary’s ‘The FBI Has Exonerated Me’ Claim By Andrew C. McCarthy

It’s amusing to listen to flacks for Hillary Clinton, a pathological liar, plead with Lester Holt that he must play activist debate moderator, ready to pounce on Donald Trump’s misstatements. The Clinton campaign, when not reviewing immunity agreements, has put out a “Seven Deadly Lies” script in hopes of enticing Mr. Holt to go all Candy Crowley this evening.

Personally, I’d far prefer no moderator to an activist one. Correcting the adversary’s misstatements and turning them to one’s advantage is the debater’s skill – you’re not supposed to need the moderator’s help, you’re supposed to show us you can handle it on your own.

When I was a prosecutor, it was par for the course for defense lawyers to misstate the record in closing arguments to the jury. To leap out of one’s chair and scream, “objection” when this happened was both unsatisfying and risky. Usually, the most you’d get would be a tepid admonition from the judge that “the jury’s recollection of the evidence” – not the lawyers’ – is what matters. But if the judge did try to correct the record, there was always the danger that the judge would either get it wrong (in which case the prosecutor is in the awkward position of having to correct the judge and thus make the defense lawyer look good), or appear to be bullying the defense lawyer – which could engender the jury’s sympathy.

I always preferred to let the lawyers say what they wanted to say. I knew I’d get my turn to rebut. In so doing, I’d not only be able to show the jury that the defense lawyers had made misleading arguments; it would also be the perfect opportunity to argue that people only try to spin you when they know the truth destroys them – which became the launch point for repeating my three or four best facts. That is, the adversary’s falsehoods didn’t hurt me; they were a chance for me to make them look bad while reinforcing my own case.

In any event, I don’t know how interested people are in Mrs. Clinton’s favorite “deadly lie,” the fact that Trump has been disingenuous in claiming he opposed the U.S. invasion of Iraq. A number of us pointed this out during the GOP primary campaign (see, e.g., here), to no effect. Moreover, Clinton voted for the Iraq war and then became part of the withering Democratic campaign to undermine it. To me, that seems a lot more consequential than Trump’s comparatively uninformed and irrelevant meanderings on the subject. (By “comparatively uninformed and irrelevant,” I mean that Clinton, by comparison, (a) was a member of the Senate serving on the Armed Services Committee, who was thus keenly aware of the alarming intelligence regarding Saddam Hussein; and (b) famously accused General David Petraeus and Ambassador Ryan Crocker of lying about progress in Iraq after the surge.) It seems to me that Clinton’s harping about Trump’s stance on Iraq only calls attention to her own wavering – which even many Democrats have rebuked.

One lie I would like to see fact-checked, though, is Clinton’s repeated one – which she’s certain to rehash this evening, namely: The FBI’s year-long investigation “exonerated” her of wrongdoing in the email scandal.

In point of fact, the FBI merely drew the conclusion that Clinton should not be charged with a crime. Even if we assume for argument’s sake that this was a valid conclusion (in fact, it is hugely suspect), finding that someone should not be indicted is far from exoneration. CONTINUE AT SITE

What We Learned in Scandinavia About Migrants. Sweden failed. Norway succeeded—in part because it did what Trump does: Listen. By Tom Cotton and Mike Pompeo

Mr. Cotton is a Republican senator from Arkansas. Mr. Pompeo is a Republican congressman from Kansas.

We recently visited Norway and Sweden to understand more about the European migrant crisis. What we saw provides important lessons for the American immigration debate.

More than 1.5 million people have relocated to Europe over the last two years. Many are refugees from Syria, Iraq and other war-torn lands. Many are simply economic migrants leaving poorer nations. This mass migration has strained European societies and upended European politics with populist insurgencies.

Though economically and demographically similar, Norway and Sweden have adopted sharply different approaches to the policy and politics of immigration, and have reaped sharply differing outcomes.

Starting in 2015, Norway adopted an immigration policy it has termed “strict but fair.” The Norwegians agreed to accept 8,000 migrants from other European nations, though they weren’t obligated to do so.

Norway also established measures to stop uncontrolled migration. It imposed new border controls featuring a border fence, increased waiting periods for residency and deportation of ineligible migrants. It also reduced migrant benefits to match those offered by its neighbors. Norway even advertised in foreign nations, warning that migrants who do not face war or persecution will be deported.

The result? Asylum applications in Norway fell 95% between the last quarter of 2015 and the first quarter of 2016.

Norway is far from hardhearted. It has welcomed refugees for decades and its foreign policy prioritizes conflict resolution and humanitarian relief. But Norwegians understand that an open-border policy would strain their resources, disrupt the integration of other recently arrived immigrants, and undercut the legitimate desire of Norwegians to preserve their nation’s culture and character.

Also significant: Norway’s political system has effectively accommodated a broad spectrum of views on immigration. The Progress Party, the traditional home for immigration skeptics, has won the second- or third-largest share of seats in the Norwegian Parliament since the 1990s. Rather than shun Progress, as has happened to similar parties in many European countries, mainstream leaders welcomed it into the political debate and, eventually, into the governing coalition. As one government leader explained to us, “In Norway, we discuss every issue and concern. Nothing is out of bounds.”

Contrast this with Sweden’s approach. Sweden threw open its doors in 2013, offering Syrian refugees permanent residency. Asylum applications from across the world—not just Syria—spiked. Sweden has since received more than 280,000 migrants, and counting. That is by far the most migrants per capita of any EU nation and akin to the U.S. adding the population of Michigan. These migrants are disproportionately poor, young, male, undereducated, conservatively Muslim and possess virtually no Swedish-language skills.

This radical policy occurred with little debate because political correctness pervades Sweden. They even have a term for the phenomenon: åsiktskorridor, or “the opinion corridor.” Any questions about the economic, fiscal and cultural impact of an immediate influx of migrants clearly lay outside the corridor; asking them could result in accusations of xenophobia or racism.

But these questions are real and they reflect legitimate concerns for the Swedish people. Because conventional political parties didn’t respond to public concern, a controversial immigration-restrictionist party, the Sweden Democrats, more than doubled its vote share in the 2014 elections and became the third-largest party in parliament. The left and the right refused to work with the Sweden Democrats, creating a hamstrung minority government.

Faced with growing public dissatisfaction, the Swedish government finally relented and imposed border controls and other restrictions this summer. But not before committing more than 7% of its 2016 budget to migrant services, with costs set to steadily increase. No one knows where the new money will come from, where many of the recent migrants will live or work, or what the ultimate social impact will be.

Sweden’s failures have been repeated in Germany, France, Austria and elsewhere. Immigration was the key issue driving British votes to leave the European Union

The parallels to the U.S. immigration debate are clear. For years, a bipartisan elite consensus has favored the mass immigration of unskilled and low-skilled workers into America coupled with the legalization of millions of illegal immigrants already here. Only one thing has stopped these elites from their desired immigration policy: Two-thirds to three-quarters of Americans consistently oppose any increase in immigration. CONTINUE AT SITE

New Leftist Meme: Blame Urban Riots on ‘Environmental Racism’ But Hillary would like the DOJ and the EPA to help end both, through more . . . regulation. By John Fund

If Hillary Clinton is elected president, you can bet that in the wake of the Charlotte riots, her Justice Department will ratchet up the micromanaging of local police departments. But the Black Lives Matter movement that Clinton embraces doesn’t stop with allegations that the police are killing innocent blacks.

Look for an Environmental Protection Agency controlled by Hillary to fully embrace the movement’s theory of “environmental racism,” which holds that minority communities are disproportionately exposed, either intentionally or unintentionally, to hazardous materials and waste facilities. That in turn is said to be a contributing factor to riots and urban unrest. Is my prediction implausible? In 2014, after the Ferguson riots, Deirdre Smith, an environmental activist, said, “To me, the connection between militarized state violence, racism, and climate change was common-sense and intuitive.”

Smith is a law professor at the University of Maine and a strategic-partnership coordinator for 350.org, an environmental organization whose goal is to “reduce the CO2 in the atmosphere from >400 parts per million to below 350.” At 350’s website, Smith wrote: “Oppression and extreme weather combine to ‘incite’ militarized violence.” Not only are minority communities less able to cope with the effects of climate change, but “people of color also disproportionately live in climate-vulnerable areas,” she claims, which makes climate change, yes, a race issue. Smith failed to note that the weeks surrounding the Ferguson riots were only the seventh-warmest in the last 20 years.

In the 1960s, people who blew off the importance of riots as a result of “just the temperature” were thought to be Neanderthals. Gordon Lightfoot even had a song, “Black Day in July,” about the Detroit riots. The song included these lyrics: “And It wasn’t just the temperature / It wasn’t just the season.” Now leftists such as Deirdre Smith are resurrecting this idea.

And Smith is far from alone, Van Jones, who was President Obama’s “green energy czar” until he was forced to resign in 2009 after his past ties to the Communist party surfaced, has long blamed some of the problems in minority communities on “environmental racism.” So, too, has National Resource Defense Council president Rhea Suh, who last December linked the Ferguson violence with environmental racism: “I’ve seen firsthand the ways communities of color too often suffer first, and suffer most, from pollution that poisons our waters and air, our communities, and our food.”

The Construct of the White Working-Class Zombies Hillary Clinton’s ‘deplorables’ have their antecedents in Obama’s ‘deplorables.’ Victor Davis Hanson

One of the strangest transformations in the era of Obama has been the overt and often gratuitous stereotyping of so-called white people — most often the white working classes who have become constructed into veritable unthinking and unrecognizable zombies. For progressives especially these were not the sympathetic old foundation of the Democratic party, who were once romanticized as the “people” pitted against the industrialists and the bluestockings, but rather have become monstrous caricatures of all sorts of incorrect race/class/and gender behavior and speech.

Stranger still, this disparagement was concurrent to the release of a variety of recent studies that have shown that the white working class has been “losing ground” in far more dramatic terms than have other ethnic groups, especially in key areas such as health and life expectancy. Such news might once have earned liberal sympathies rather than derision. Odder still, the so-called one percenters — that includes high percentages of whites, who have benefited from globalization and changes in the U.S. economy — are often precisely those who damn the less fortunate for supposedly enjoying racially based privileges that are largely confined to themselves.

From ‘tricks’ to ‘clingers’
Obama himself had long ago made popular the idea that there are not individual white people, good and bad, lazy and industrious, but more generally a collective Borg of racist and culpable “white people.” Or, as he characterized his own “effective” tricks over clueless whites in his admittedly fictional memoir Dreams from My Father, “it was usually an effective tactic, another one of those tricks I had learned: [White] People were satisfied so long as you were courteous and smiled and made no sudden moves.”

The president himself repeatedly amplified this emphasis on clueless retrograde whites during his two presidential campaigns, which in toto can be fairly characterized as a refutation of his earlier admirable 2004 speech at the Democratic convention (‘There is not a black America and a white America and Latino America and Asian America — there’s the United States of America”).