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50 STATES AND DC, CONGRESS AND THE PRESIDENT

McCain and Graham Seek to Gut 9/11 Bill to Immunize Foreign Governments Funding Terrorists By Patrick Poole

In a Senate floor speech today, Senators John McCain and Lindsey Graham announced that they are offering an amendment to strip a key element of the recently passed Justice Against Sponsors of Terror Act (JASTA) that clarifies U.S. law for civil claims against foreign governments for funding terrorism.

JASTA was passed in the Senate in May with no objections, and passed the House of Representatives unanimously in September. President Obama promptly vetoed the bill. The Senate and House successfully voted to override the veto and the bill became law.

McCain and Graham specifically said they want to strip the “discretionary state function” provision from JASTA that creates liability for foreign governments funding terrorist groups.

According to Hill sources familiar with the McCain/Graham amendment, their intention is to immunize countries like Saudi Arabia and Qatar that have funded Sunni terrorist groups in Syria — the Syrian “rebel” effort that both McCain and Graham have publicly supported since 2011.

The McCain/Graham amendment was slammed by 9/11 family groups that fought for JASTA.

The 9/11 Families and Survivors United for Justice Against Terrorism put out the following press release this afternoon:

In a speech on the Senate floor this afternoon Senator Graham pitched this new language as a simple “caveat” but in reality he is proposing to amend JASTA to add a specific jurisdictional defense Saudi Arabia has been relying on for the last 13 years to avoid having to face the 9/11 families’ evidence on the merits.

Moreover, Senator Graham and Senator McCain mischaracterized JASTA in several material respects during their speeches today. For example, Senator Graham argued that JASTA is deficient because it does not require that a foreign state have “knowingly” supported terrorism in order for liability to attach, but in fact JASTA’s liability provision expressly requires that the foreign state have “knowingly provided substantial assistance” to a designated terrorist organization in order for liability to arise. Senator Graham also suggested that adding a discretionary function provision to JASTA would protect the US from claims for drone strikes in Pakistan, which is simply incorrect given that Pakistan has made clear its view that domestic and international law prohibit those strikes.

Notably, Graham’s and McCain’s efforts come in the wake of a massive lobbying campaign by the Kingdom of Saudi Arabia which is now employing roughly a dozen Washington lobbying firms at a cost of more than $1.3 million per month.

Keith Ellison – The Wrong Man at the Wrong Time by Alan M. Dershowitz

What should a political party that has just lost its white working-class, blue-collar base to a “make America great again” nationalist do to try to regain these voters? Why not appoint as the new head of the party a radical left-wing ideologue who has a long history of supporting an anti-American, anti-white, anti-Semitic Nation of Islam racist? Such an appointment will surely bring back rust-belt voters who have lost their jobs to globalization and free trade! Is this really the thinking of those Democratic leaders who are pushing for Keith Ellison to head the Democratic National Committee?

Keith Ellison is, by all accounts, a decent guy, who is well liked by his congressional colleagues. But it is hard to imagine a worse candidate to take over the DNC at this time. Ellison represents the extreme left wing of the Democratic Party, just when the party — if it is to win again — must move to the center in order to bring back the voters it lost to Trump. The Democrats didn’t lose because their candidates weren’t left enough. They won the votes of liberals. The radical voters they lost to Jill Stein were small in number and are not likely to be influenced by the appointment of Ellison. The centrist voters they lost to Trump will only be further alienated by the appointment of a left-wing ideologue, who seems to care more about global issues than jobs in Indiana, Wisconsin and Michigan. Ellison’s selection certainly wouldn’t help among Jewish voters in Florida, Ohio and Pennsylvania or pro-Israel Christian voters around the country.

Ellison’s sordid past associations with Louis Farrakhan — the long time leader of the Nation of Islam — will hurt him in Middle America, which has little appetite for Farrakhan’s anti-American ravings. Recently, Farrakhan made headlines for visiting Iran on the 35th anniversary of the Islamic Revolution where he berated the United States, while refusing to criticize Iran’s human rights violations. Farrakhan also appeared as a special guest speaker of the Iranian president at a rally, which featured the unveiling of a float reenacting Iran’s detention of 10 U.S. Navy sailors in the Persian Gulf.

In addition to embracing American enemies abroad, Farrakhan has exhibited a penchant for lacing his sermons with anti-Semitic hate speech. Around the time that Ellison was working with the Nation of Islam, for example, Farrakhan was delivering speeches attacking “the synagogue as Satan.” He described Jews as “wicked deceivers of the American people” that have “wrapped [their] tentacles around the U.S. government” and are “deceiving and sending this nation to hell.” Long after Jesse Jackson disavowed Farrakhan in 1984 as “reprehensible and morally indefensible” for describing Judaism as a “gutter religion,” Ellison was defending Farrakhan and the Nation of Islam in 1995 as a role model for African-Americans, calling him “a tireless public servant of Black people, who constantly teaches self-reliance and self-examination to the Black community.”

A Gingrich Commission on Government Newt is looking for a role, and this would fit his evangelism.

From the drama over Donald Trump’s cabinet you’d think the only position in government is Secretary of State. Yet Mr. Trump will need advice elsewhere, not least in taming the regulatory state. Newt Gingrich said he won’t serve in a Trump cabinet but would like to contribute. How about tapping the former House Speaker to lead a Gingrich Commission to modernize and shrink the federal government?

The models for this project would be the Hoover Commissions of the 1940s and early 1950s. President Harry Truman appointed former President Herbert Hoover to look for ways to streamline government in 1947, and Dwight Eisenhower did it again in 1953, and about 70% of the proposals were adopted in the two Administrations. Congress combined several agencies into what is now the General Services Administration, which reduced paperwork and federal procurement costs.

There’s also the 1980s Grace Commission, which made nearly 2,500 recommendations on everything from farm-credit rules to Pentagon hardware. The Grace Commission accomplished less than its predecessors thanks to a Democratic Congress, but it provoked a public debate about the role of government.

A Gingrich Commission would have an opening for greater progress with a GOP White House and Congress. There’s always a chance that the effervescent Mr. Gingrich would careen off course by proposing a military base on the moon. But he talks all the time about updating government for the 21st century, and he published a book on “winning the future” that covers everything from education to balancing the federal budget. This would be a chance to do it.

The feds over the decades have piled program atop program regardless of results, and a commission could highlight failures and duplications. Unlike previous eras, much of the work has already been done by think tanks or other commissions. The commission could work fairly rapidly, perhaps in a few months.

For example: Speaker Paul Ryan’s “Better Way” agenda has identified some 80 welfare programs run by 13 federal agencies, and inevitably many overlap in benefits and eligibility. That seems ripe for a closer look. President-elect Trump has singled out civil-service reform as a priority, and Paul Light of New York University has suggested ideas on these pages that the Gingrich Commission could review.

Over the next year Congress and the new Administration will be preoccupied with daily squalls and the rough and tumble of passing legislation. There’s no time for research. A Gingrich Commission could do that work and serve up ideas to plug into the budget over the next two years and beyond. Government is at its lowest standing with Americans in decades, so even progressives should support an effort that might improve its functioning and lay the basis for more public confidence.

Trump’s A-Team The president-elect is assembling a who’s who of conservatives for his cabinet.Dan Henninger

The day before Thanksgiving in New York, I bumped into a Trump adviser who actually knows what is going on inside Trump Tower, as opposed to rumors inhabiting the media such as this Tuesday headline: “Trump’s Team Frays Over Romney.” The message I got was different: “It’s going to be fine. It’s going to be just fine.”

In the seven days since Thanksgiving, President-elect Trump has named the respected schools reformer Betsy DeVos from Michigan as Secretary of Education. Rep. Tom Price of Georgia, the chairman of the House Budget Committee and a committed reformer of ObamaCare, is Secretary of Health and Human Services. Elaine Chao, who was George W. Bush’s reformist Labor Secretary for eight years, is the new Secretary of Transportation.

Two businessmen will enter the cabinet. Former Goldman Sachs banker Steven Mnuchin is Treasury Secretary and Wilbur Ross, an investor in distressed industries, will be Commerce Secretary.

Going deeper into the policy weeds, Mr. Trump selected Indiana Medicaid reformer Seema Verma to run the Centers for Medicare and Medicaid. The main Supreme Court adviser visiting Trump Tower has been Leonard Leo, executive vice president of the Federalist Society.

Bob Woodson, one of this generation’s smartest and most productive black conservatives, has been in to discuss with Mr. Trump how to make good on his campaign promise to champion the inner cities.

If instead of these individuals, the visitors to Trump Tower had been the alt-right activists of so many progressive night sweats, it would have been reported across the New York Times’ front page and on CNN round the clock, as if Godzilla and Mothra were trundling up Fifth Avenue.

Instead, the Trump transition has been talking to and appointing some of the most accomplished and serious individuals in Republican and conservative politics. Donald Trump isn’t pulling rabbits out of a hat. Somebody at team Trump has a first-rate Rolodex.

Why the Democrats Can’t Stop Calling the GOP Racists by Karin McQuillan

President Obama, Democrat politicians and the mainstream media are still calling Trump KKK. They’re tarring his team as anti-Semites and racists. The electoral map would stop any normal politicians in their tracks, but Democrat hate speech is only getting louder and more hysterical. A major course correction is not going to happen for three reasons:

1. Democrat leadership;

2. Democrat donors;

3. Democrat voting blocks.

There is no force in the party that wants to change.

Democrats don’t debate Trump on the issues, because their agenda is a turn-off. Under the leadership of Alinskyite Barack Obama, the Democratic Party has degenerated from liberalism to progressivism. It has not been pretty. A focus on preferential treatment for blacks has given way to a war on cops. Caring about Hispanic Americans suddenly means America shouldn’t have borders and should have sanctuary for rapists and killers — as long as they are here illegally.

Browbeating college kids by empowerring feminists and black activists with Title IX money has turned college campuses against freedom of thought and speech. Women’s issues have bizarrely turned into a war on masculinity. Gay rights has morphed into men in women’s bathrooms. Pro-choice turned into third-trimester infanticide and lawsuits against the Little Sisters of the Poor. Physical violence against Republicans is encouraged by President Obama and Clinton under the euphemism ‘protest.’

Democrat progressive politics is weird and ugly and dangerous, and people across the country have recoiled from it. As Marc Thiessen says with his usual eloquence, “You can drive some 3,000 miles across the entire continental United States — from sea to shining sea — without driving through a single county that voted for Hillary Clinton.”

It’s Time for Honest Talk about Muslim Immigration Some immigrants from jihad zones will be involved in murdering Americans. Is this an acceptable price for compassion? By David French

At 9:52 a.m. on Monday morning, a silver Honda jumped a curb at Ohio State University and plowed directly into a crowd of students, sending bodies flying through the air. As students rushed to help, a young Somali immigrant, Abdul Razak Ali Ratan, got out of the car and began attacking horrified students with a butcher knife. All told, eleven people were wounded before a university police officer shot and killed Ratan, ending the attack.

Ratan is the third Muslim immigrant to mount a mass stabbing attack in 2016. The first occurred at an Israeli-owned deli in Columbus, Ohio, the second at a mall in Saint Cloud, Minn., and the third Monday at Ohio State. The attacks together wounded 25 people. The latest stabbing comes on the heels of Afghan immigrant Ahman Khan Rahami’s September bomb attacks in New York and New Jersey that left 29 injured.

The toll continues. Muslim immigrants Tamerlan and Dzhokhar Tsarnaev killed five Americans and wounded 280 in the Boston Marathon bombing and subsequent shootouts. Muslim immigrant Muhammad Abdulazeez killed five men and wounded two in attacks on military recruiting stations in Chattanooga, Tenn. Muslim immigrant Tashfeen Malik accompanied her first-generation Muslim-American husband to attack a Christmas party in San Bernardino, Calif., killing 14 and wounding 22. First generation Muslim-American Omar Mateen — son of Afghan immigrants — carried out the deadliest domestic terror attack since 9/11, killing 49 and wounding 53 at Orlando’s Pulse nightclub.

And if you think these are the only terrorist immigrants — or terrorist children of immigrants — you’re sadly mistaken. The Heritage Foundation has maintained a comprehensive database of terror plots since 9/11, a database that includes foiled attacks. The number of Muslim immigrants involved is truly sobering. For every successful attack, there are multiple unsuccessful plots, including attacks that could have cost hundreds of American lives.

After all these incidents, can we finally have an honest conversation about Muslim immigration — especially Muslim immigration from jihadist conflict zones?

RELATED: It’s Time We Faced the Facts about the Muslim World

When we survey the American experience since 9/11, two undeniable truths emerge, and it’s past time that we grapple head-on with them. First, the vast majority of Muslim immigrants — no matter their country of origin — are not terrorists. They won’t attack anyone, they won’t participate in terrorist plots, and they abhor terrorism. Some even provide invaluable information in the fight against jihad. That’s the good news.

The bad news is the second truth: Some Muslim immigrants (or their children) will either attempt to commit mass murder or will actually succeed in killing and wounding Americans by the dozens. All groups of immigrants contain some number of criminals. But not all groups of immigrants contain meaningful numbers of terrorists. This one does. It’s simply a fact.

Moreover, there isn’t an even geographic distribution of terrorists. We don’t have as many terrorist immigrants from Indonesia, India, or Malaysia as we do from Pakistan, Afghanistan, Somalia, or from the conflict zones in the Middle East. It’s much less risky to bring into the country a cardiologist from Jakarta than a refugee from Kandahar.

Carrier Blinks, Jobs Stay, Trump Wins By Michael Walsh

More #winning:

From the earliest days of his campaign, Donald J. Trump made keeping manufacturing jobs in the United States his signature economic issue, and the decision by Carrier, the big air-conditioner company, to move over 2,000 of them from Indiana to Mexico was a tailor-made talking point for him on the stump.

On Thursday, Mr. Trump and Mike Pence, Indiana’s governor and the vice president-elect, plan to appear at Carrier’s Indianapolis factory to announce a deal with the company to keep roughly 1,000 jobs in the state, according to officials with the transition team as well as Carrier.

Mr. Trump will be hard-pressed to alter the economic forces that have hammered the Rust Belt for decades, but forcing Carrier and its parent company, United Technologies, to reverse course is a powerful tactical strike that will hearten his followers even before he takes office.

“I’m ready for him to come,” said Robin Maynard, a 24-year veteran of Carrier who builds high-efficiency furnaces and earns almost $24 an hour as a team leader. “Now I can put my daughter through college without having to look for another job.”

This was one of those campaign promises the How Not to Do It Left assured us would be impossible to keep. But the Circumlocution Office failed. Leave it to the New York Times to put a “progressive” spin on the decision, and compare Trump, favorably if indirectly, to Bernie Sanders:

It also signals that Mr. Trump is a different kind of Republican, willing to take on Big Business, at least in individual cases.

And just as only a confirmed anti-Communist like Richard Nixon could go to China, so only a businessman like Mr. Trump could take on corporate America without being called a Bernie Sanders-style socialist. If Barack Obama had tried the same maneuver, he’d probably have drawn criticism for intervening in the free market.

ISIS Claims Responsibility for OSU Attack While the Left tries to blame guns for the near-massacre – even though guns weren’t used. Matthew Vadum

The Muslim terrorist group Islamic State has claimed responsibility for U.S. green card holder Abdul Razak Ali Artan’s brutal car-and-machete attack at Ohio State University.

On Monday morning 18-year-old Artan drove his car through a crowd of pedestrians at OSU’s Columbus campus. He exited the vehicle and then began hacking away at people with his knife. A police officer at the scene shot and killed him. Media reports indicated 12 people were injured in the attack but none suffered life-threatening injuries. Columbus Police Chief Kim Jacobs promptly said “I think we have to consider that it is” a terrorist attack.

Sure enough, on Tuesday Islamic State claimed responsibility for the terrorist assault. The group’s Amaq News Agency stated the OSU attack was perpetrated by a “soldier of the Islamic State.”

Artan did in fact follow the express directives of Islamic State. In September 2014 the group issued this order to its followers:

So O muwahhid, do not let this battle pass you by wherever you may be. You must strike the soldiers, patrons, and troops of the tawaghit. Strike their police, security, and intelligence members, as well as their treacherous agents. Destroy their beds. Embitter their lives for them and busy them with themselves. If you can kill a disbelieving American or European — especially the spiteful and filthy French — or an Australian, or a Canadian, or any other disbeliever from the disbelievers waging war, including the citizens of the countries that entered into a coalition against the Islamic State, then rely upon Allah, and kill him in any manner or way however it may be….If you are not able to find an IED or a bullet, then single out the disbelieving American, Frenchman, or any of their allies. Smash his head with a rock, or slaughter him with a knife, or run him over with your car, or throw him down from a high place, or choke him, or poison him….

On Facebook, Artan referenced jihadist mastermind Anwar al-Awlaki and wrote: “I am sick and tired of seeing my fellow Muslim brothers and sisters being killed and tortured EVERYWHERE. … I can’t take it anymore. America! Stop interfering with other countries … [if] you want us Muslims to stop carrying lone wolf attacks.”

As soon as details about Artan began trickling out it was obvious to anyone not wearing politically correct blinders that the attack was an act of Islamic terrorism. KARE11.com reported “Artan was a Somali refugee and Ohio State student who left his homeland with his family in 2007. They lived in Pakistan before coming to the U.S., where Artan became a permanent resident in 2014.”

Somalia and Pakistan are “two epicenters of the global jihad,” writes Robert Spencer. If President-elect Donald Trump’s proposal to place a temporary moratorium on immigration from jihadist-friendly countries had been in effect “Monday’s jihad attack at Ohio State University would never have happened,” he adds.

Under President Obama, Somali refugee resettlement has surged by an astounding 250 percent. As Jim Stinson writes at LifeZette:

Somalia is an overwhelmingly Muslim nation. Over 99 percent of Somalians are Muslim, according to Pennsylvania State University. Mass Muslim migration to Western nations in recent years has generated major concerns about cultural assimilation, vetting procedures, and, ultimately, instances of radicalization and violence.

‘Healing Divisions’ and ‘Unity’ Are Unconstitutional Does it matter what America’s Founders wanted? Bruce Thornton

Thanksgiving Day elicited several calls for “unity” and “healing,” following a divisive and bitterly fought presidential election. Several pundits referenced Abraham Lincoln’s wish “to heal the wounds of the nation,” which he articulated in the speech instituting Thanksgiving Day in 1863. Donald Trump said in his Thanksgiving address, “It’s my prayer that on this Thanksgiving, we begin to heal our divisions and move forward as one country, strengthened by shared purpose and very, very common resolve.”

Nice sentiments all, and one hopes they are merely feel-good rhetoric typical of holidays. For as comforting as they are for some, they reflect a misunderstanding of our political order and the foundational ideas behind the Constitution. Except in times of war or other national crises, “national unity” and “healing divisions” frightened the Founders, for “unity” historically has been the precondition of tyranny.

The Founders knew that the thirteen Colonies were diverse in their interests, religions, regions, folkways, and cultures. Modern diversicrats have long peddled the notion that Revolutionary era Americans were all “white males” unified and defined by the same interests and beliefs. Such superficial racial categories were politically important mainly when the issue was race-based slavery. But the peoples who created the United States were otherwise not so shallow and simplistic. They realized that confessional, regional, economic, and class divisions were more significant and potentially dangerous, for they are often zero-sum in their pursuit and practice, and can lead to fragmentation and violence. The Civil War was the gruesome proof that this fear was justified.

Moreover, the diversity of “interests and passions” could never be eradicated, for it reflected a flawed human nature vulnerable to ambition, greed, and the desire for power. James Madison called the political instruments of this diversity “factions,” which were “sown in the nature of man.” Hence the “checks and balances” and “divided powers” of the Constitution were the solution to the danger of a faction becoming too powerful and inciting political disorder and threats to freedom. In addition to the mixed federal government, federalism, which acknowledged the sovereign powers of the states that created the federal government, would be another check on factionalism. Clashing interests and concerns would be adjudicated by state governments, which would be more familiar with local conditions and interests, and thus better placed to create policies more suited to them.

Most important, the thirteen sovereign state governments would be a check on the aggrandizement of power by any combination of factions whether elite or populist. Given the variety of state interests, Madison writes, this diversity would grant a “greater security afforded by a greater variety of parties, against the event of any party being able to outnumber and oppress the rest.” This diversity would also impose “greater obstacles opposed to the concert and accomplishment of the secret wishes of an unjust and interested majority.” Hence such attempts to acquire a critical mass of power “will be unable to spread a general conflagration through the other states” because of “the variety of sects dispersed over the entire face of [the nation].” Thus liberty will be preserved, and diversity protected by creating in the states numerous diverse alternatives for citizens who find any particular state hostile to their interests or beliefs.

Our Hypocritical “Educators” Tufts administrators in denial.

Editorial note: Tufts University was one of twelve campuses on which the David Horowitz Freedom Center placed posters this Fall targeting the campus hate group Students for Justice in Palestine and exposing the financial and organizational ties that link the student organization to the anti-Israel terror group Hamas. At all twelve campuses, administrators ordered that the posters be immediately torn down, while proclaiming their ardent support for the principle of free speech. The following letter from David Horowitz exposes the absurdity and hypocrisy of this administrative stance and responds directly to accusations from two Tufts deans (posted below David’s letter) that the Freedom Center’s posters violated Tufts’ “community standards” and poster policy and “are not welcome on our campus.”

*

November 29, 2016

James M. Glaser
Dean of the School of Arts & Sciences, Tufts University
Jianmin Qu, Dean of the School of Engineering, Tufts University

Gentlemen,

I have just received your letter of November 14, conveying your “serious concerns regarding the posters placed on the Tufts University campus on October 19, 2016,” for which we took responsibility. The posters in question identify a hate group – Students for Justice in Palestine, which is sponsored by your institution. SJP calls for the destruction of the Jewish state, receives funding from the terrorist organization Hamas, and sponsors campus resolutions to boycott Israel, which liberals ranging from Larry Summers and Alan Dershowitz to Hillary Clinton have condemned as anti-Semitic. The statements in our posters are factual, or are reasonable opinions based on the facts.

Your “serious concerns” are summed up in two claims. First that “the posters in question violate our community standards” and, second, that they “violate our poster policy which requires notification and authorization by a university office or recognized student group prior to placing posters on campus.” You ask us in future to seek such permission.

Really. The two of you have already sent a letter to every member of the Tufts student body warning them that the university condemns our posters and that, “The university will be sending a statement to the posters’ sponsors in order to make clear that such materials are not welcome on our campus.” Now what student or student group, knowing that the university condemns these ideas, and has taken the extraordinary step of warning the entire student body that our ideas are unwelcome, would be willing to risk authorizing our posters? Which is why we took the step of putting up our posters without asking permission, since we are well aware that institutions like Tufts seek to be “safe places” for a politically correct orthodoxy and can be ruthless in acting to hermetically seal off dissenting ideas like ours.