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NATIONAL NEWS & OPINION

50 STATES AND DC, CONGRESS AND THE PRESIDENT

Nevada’s School Choice Victory Unions lose their attempt to kill education savings accounts.

Children won a big victory in Nevada on Thursday as the state Supreme Court upheld the state’s revolutionary education savings accounts (ESAs), the nation’s first universal school choice program. Note to Donald Trump: This is worth celebrating.

ESAs allow parents who withdraw their kids from public schools to use state funds to pay for private school tuition, tutoring, curriculum and school supplies. Each account in Nevada is funded at 90% to 100% (more for low-income and disabled kids) of the average statewide per pupil expenditure. Parents can roll over funds from year to year, and there is no cap on the number of participants.

About 8,000 parents applied for accounts last year but were blocked from tapping the funds because of lawsuits by the American Civil Liberties Union and other friends of the teachers unions. Those groups argued that the ESAs violate the state constitution’s requirement that the legislature operate a “uniform system” of public schools and prohibition on using public funds for sectarian purposes.

A 4-2 majority rejected their arguments, ruling that ESAs do “not alter the existence or structure of the public school system” in part because the funds once placed in the accounts “belong to the parents and are not ‘public funds.’” The court added that “it is undisputed that the ESA program has a secular purpose,” and the state constitution “does not limit the Legislature’s discretion to encourage other methods of education.”

While the state won on the core issues, the court did hold that the legislature violated a constitutional mandate to appropriate funds for public schools “before any other appropriation is enacted.” That’s because the legislature diverted money from last year’s education appropriation bill to fund ESAs.

The Apology of Donald J. Trump To those who don’t get why Clinton isn’t ahead by 50 points—here’s the answer. Bret Stephens….see note please

I’m not sure what Stephens is trying to do here…but if he is continuing his fatwa against Trump he fails…..If Trump did deliver this speech I would applaud enthusiastically….and i be that was not Stephens’ intent…..Just as Dorothy Rabinowitz’s fulsome endorsement of Hillary brought more people to Trump’s defense so will this column….rsk

“What follows is a draft of a speech Donald Trump is scheduled to deliver Tuesday, Oct. 4 in Prescott Valley, Ariz. We haven’t confirmed its authenticity because, like the rest of the corrupt media, we’re totally dishonest.

Thank you, everybody, thank you. It’s good to be back in Arizona. And you know we’re going to win, right? The polls say we’re going to win in Arizona, and we will.

The polls also say we’d lose the general election if it were held today. But they’re wrong. So wrong. You know how pollsters work? They guess who will show up to vote on election day, and then they poll these “likely voters.”

But let me tell you something. The pollsters have no clue. None. They don’t have a clue who the electorate is, and they don’t have a clue of what’s going on in America. Believe me, folks, on election day they’re going to find out.

The other day, in Colombia—I’m talking about the country in South America—they held a vote. A referendum. President Santos staked his reputation on a, quote-unquote, peace deal with the terrorists of the FARC.

Now the FARC, they’re the worst people in the world. They’ve killed tens of thousands of people. They make their money through drug trafficking and kidnapping. They’ve been terrorizing Colombians for 50 years.

Along comes Santos, and he makes this terrible deal that says to the FARC: We’re not going to send you to jail. We’re going to sentence your leaders to community service. We’re even going to guarantee you seats in the Congress.

And all the polls said the deal was going to win in a landslide. Obama and Kerry lined up behind it. Santos told Colombians they had no choice, that it was the only road to peace.

Guess what? The polls were wrong. The Colombians knew a bad deal when they saw one. They weren’t going to let killers get away with their crimes. The only deal they want with the FARC is the same deal Reagan got from Russia: We win, they lose.

Folks, it was the same story with the Brexit vote in June. All the polls said the Brits wouldn’t vote to leave the European Union. They did. All the experts said the sky would fall if the Brits voted to go. It didn’t. These geniuses said that Britain was too small to be the master of its own destiny. The British people believe otherwise, and I’m with them!

What happened in Britain, in Colombia, it’s going to happen here. Because, like them, we’re sick of it.

We’re sick of hearing ObamaCare is working when even the New York Times admits it’s a total disaster. We’re sick of hearing how great the economy is when it’s floating on a big wave of cheap credit that benefits Wall Street at the expense of savers. We’re sick of hearing how great the Iran deal is, then watching our sailors being humiliated while we secretly fork over pallets of cash.

You know what we’re also sick of? Liberal hypocrites.

I’m not supposed to say the name I’m about to say. Well, two words: Alicia. Machado.

The Schneiderman Rules America’s worst Attorney General abuses his office to aid Clinton.

We wrote Monday that many liberals believe that defeating Donald Trump justifies anything, and right on time comes the egregious Eric Schneiderman. The New York Attorney General delivered his own personal October surprise for Hillary Clinton by announcing a supposed scandal over Mr. Trump’s charitable foundation.

Mr. Schneiderman’s office, in a letter sent Friday and released Monday, ordered the Donald J. Trump Foundation to cease raising money in New York. According to the letter, the Trump outfit is not correctly registered in the state to solicit funds.

The AG gave the foundation 15 days to turn over reams of paper, including audited financial statements and annual financial reports going back many years. Mr. Schneiderman warned in his letter that failure to comply will be deemed a “fraud upon the people of the state of New York.”

The announcement is Mr. Schneiderman’s latest misuse of his prosecutorial authority to attack his political enemies. The AG’s office first announced it was “investigating” Mr. Trump in mid-September—the better to begin a round of bad headlines—and has also been touting its inquiry into Trump University. While it’s possible the Trump Foundation has violated in some way “section 172 of Article 7-A New York’s Executive Law,” it’s notable that the best Mr. Schneiderman could drum up by way of “fraud” was a paperwork technicality.

The bigger point is timing. Mr. Schneiderman’s cease-and-desist order, coming a month before a general election, smells like partisan politics. The AG has endorsed Mrs. Clinton and sits on the Democratic nominee’s New York “leadership council,” which the Clinton campaign describes as the “in-state leadership” for her campaign, charged with “amplifying the campaign’s national voice to New York families” and “aiding the campaign with rapid response.”

Mr. Schneiderman’s prosecution of her opponent certainly qualifies as “rapid.” He could easily have waited until Nov. 9 to divulge his investigation and unveil his order. If the Trump Foundation has been deficient with its paperwork for as long as the AG’s office says, a few more weeks of delay would hardly hurt.

“To the public it will appear that Schneiderman acted not in the interest of his client, the State, but for whatever influence his announcement might have on the election outcome,” NYU School of Law Professor Stephen Gillers told LawNewz.com, and Mr. Gillers is no conservative. CONTINUE AT SITE

Court Blocks Indiana Gov. Mike Pence’s Plan to Limit Syrian Refugees Plan delayed pending outcome of a lawsuit filed by an Indiana resettlement agencyBy Joe Palazzolo see note

NO DOUBT TIM KAINE WILL POUNCE ON THIS ISSUE IN THE DEBATE….RSK
Gov. Mike Pence’s plan to restrict the settlement of Syrian refugees in Indiana remains on hold following the decision of a federal appeals court, which called it discriminatory and based on “nightmare speculation.”

The ruling by the Seventh U.S. Circuit Court of Appeals Monday delayed implementation of Mr. Pence’s directive pending the outcome of a lawsuit filed by an Indiana agency that helps resettle refugees in the state.

Mr. Pence, the Republican vice presidential nominee, is among a group of conservative governors who have tried to block or delay the arrival of refugees fleeing the war-torn Arab country, arguing that Islamic State terrorists could be hiding among them.

“No evidence of this belief has been presented, however,” wrote Judge Richard Posner for a unanimous three-judge panel. “It is nightmare speculation.”

Mr. Pence has sought to limit the number of Syrian refugees in Indiana through state contracts with private resettlement agencies. Indiana reimburses such agencies, using federal grants, for providing social services to resettled refugees. Last year, Donald Trump’s running mate forbade reimbursements for costs associated with Syrian refugees.

Exodus Refugee Immigration Inc., which expected to resettle 100 or more Syrian refugees in Indiana this year, sued Mr. Pence to block his plan. A federal district judge agreed in February to pause the plan for the duration of the lawsuit, ruling that Exodus was likely to win its case alleging discrimination.

Indiana officials appealed the ruling to the Chicago-based Seventh Circuit, which on Monday also predicted that Exodus would prevail.

Anyone seeking refugee status in the U.S. must undergo multiple layers of screening by the federal government, following screening by a United Nations office, a process that can take up to two years. Judge Posner acknowledged that Syrian refugees pose specific concerns, because many were born elsewhere and moved to the country before its civil war, making them difficult to screen.

As a condition of using federal money for resettlement, federal law requires states to service refugees regardless of race, religion, nationality or sex.

The FBI’s Defense of How the Clinton Interview Was Conducted Is Full of Holes The Bureau was clearly hamstrung by the Obama administration’s goal of avoiding prosecution. By Andrew C. McCarthy

In a nutshell, the Federal Bureau of Investigation and the Justice Department permitted Hillary Clinton’s aide Cheryl Mills — the subject of a criminal investigation, who had been given immunity from prosecution despite strong evidence that she had lied to investigators — to participate as a lawyer for Clinton, the principal subject of the same criminal investigation. This unheard-of accommodation was made in violation not only of rudimentary investigative protocols and attorney-ethics rules, but also of the federal criminal law.

Yet, the FBI and the Justice Department, the nation’s chief enforcers of the federal criminal law, tell us they were powerless to object.

Seriously?

In his testimony this week before the House Judiciary Committee, FBI director James Comey inveighed against critics who have slimed the Bureau as “weasels” over its handling of the Clinton e-mails investigation. I am not one of those people. After a quarter-century in the trenches with the Bureau as a prosecutor, I am one of those hopeless romantics who love the FBI and harbor real affection for the director himself.

I genuinely hate this case. I don’t mind disagreeing with the Bureau, a not infrequent occurrence in my former career. But I am hardwired to presume the FBI’s integrity. Thus, no matter how much irregularities in the Clinton investigation have rankled me, I’ve chalked them up to the Bureau’s being hamstrung. There was no chance on God’s green earth that President Obama and his Justice Department were ever going to permit an indictment of Hillary Clinton. Jim Comey says he didn’t make his final decision to recommend against prosecution until after Mrs. Clinton was interviewed at the end of the investigation, and that he did not coordinate that decision with his Obama-administration superiors. If he says so, that’s good enough for me. But it doesn’t mean the director made his decision detached from the dismal reality of the situation. And whatever one’s armchair-quarterback view on how he should have handled it, that reality was not of his making.

But just as Director Comey rightly objects to being regarded as a weasel, I don’t much like being regarded as an idiot . . . which is what I’d have to be to swallow some of this stuff.

The FBI absolutely has control over who may be present at an interview with a subject of an investigation. There are a variety of reasons for this, but the most basic one is that an interview never has to happen unless the FBI consents to it.

In his testimony, Comey kept stressing that Mrs. Clinton’s interview was “voluntary” — contending that since she was not required to submit to it, she could impose any conditions on her agreement to do so. That is nonsense. The interview was voluntary on both sides. The FBI is never required to indulge conditions that make a mockery of its serious business.

In this regard, Comey is like a guy who ties his own hands behind his back and then says he was powerless to defend himself. If Clinton declined to submit to an FBI interview unless Mills (or the similarly situated lawyer Heather Samuelson) was permitted to be present, the investigators could simply have handed her a grand-jury subpoena. They could then have politely directed her to a chamber where she would be compelled to answer questions — under oath and all by her lonesome, without any of her lawyer legion in attendance.

But, you see, in this investigation — unlike every other major criminal investigation in which the government tries to make the case rather than not make the case — the Justice Department declined to convene a grand jury.

Why Do Some Election Officials Want to Hide Evidence of Non-Citizen Voting? Here’s a little clue: About 80 percent of non-citizen voters vote . . . Democratic. By John Fund

Arcan Cetin faces five counts of murder after his shooting rampage at a Seattle-area mall last week. But he also turns out to be a non-citizen who has voted three times in state elections since 2014. Liberals claim non-citizen voting fraud is extremely rare, but Cetin’s case should cast light on both just how easy it is to commit and the efforts of federal and state officials to block efforts to uncover it.

Cetin, who is from Turkey, is a legal resident of the United States but not a citizen. In 2014, he registered to vote and voted three times, most recently in May’s presidential primary. Washington State, like all but a handful of states, doesn’t require any proof of citizenship. “Our hands are kind of tied,” Secretary of State Kim Wyman told a Seattle TV station, noting that the state doesn’t allow verification of a person’s citizenship for voting purposes. “But make no mistake,” she adds. “We want to make sure that everybody has confidence that people casting ballots are eligible. This is certainly going to be a topic at the next legislative session.” Local registrars can currently use a database to check the age and residence of people who register to vote, but a person’s claim to be a citizen is based on the honor system.

The problem is that not all non-citizens are honorable — or they may be led astray in being told they can vote. In our 2012 book Who’s Counting: How Fraudsters and Bureaucrats Put Your Vote at Risk​, Hans von Spakovsky and I noted numerous cases of non-citizen registration and voting all over the country.

In 2014, a study released by three professors at Old Dominion University and George Mason University, based on survey data from the Cooperative Congressional Election Study, estimated that 6.4 percent of non-citizens voted illegally in the 2008 presidential election and that 2.2 percent voted in the 2010 midterm congressional elections.

Since 80 percent of non-citizens vote Democratic, according to the study, non-citizen participation could have “been large enough to change meaningful election outcomes including Electoral College votes [in North Carolina in 2008], and congressional elections,” such as the 2008 race in Minnesota in which Al Franken was elected to the U.S. Senate, giving Senate Democrats the pivotal 60th vote to pass Obamacare.

The authors’ paper is consistent with other credible reports of non-citizen voting. In 2005, the U.S. Government Accountability Office found that up to 3 percent of the 30,000 people who were called for jury duty from voter-registration rolls over a two-year period in one of the 94 current U.S. district courts were non-citizens. In 2012, a local NBC station in Fort Myers, Fla., found that at least 100 individuals in one county had been excused from jury duty because they were not citizens but were registered to vote. Many had also voted in some elections.

But federal agencies refuse — in direct violation of federal law — to provide citizenship data to state election officials who attempt to verify citizenship status. Kansas and Arizona have put in place new commonsense proof-of-citizenship requirements for registration to prevent illegal voting, but they have been fought tooth and nail by Obama’s Justice Department. The DOJ is even using strong-arm methods to intervene in a lawsuit challenging the right of the U.S. Election Assistance Commission to allow states to require proof of citizenship when registering. Rather than fulfill its duty to represent a federal agency, the DOJ is siding with the League of Women Voters and the NAACP in the case. A federal judge, Richard Leon, has already been rebuked by the DOJ for its “unprecedented” and “extraordinary” refusal to defend a federal agency and its decision instead to side with the plaintiffs suing it.

Take Virginia, where last year Democratic governor Terry McAuliffe vetoed a bill that would have required jury commissioners to forward information to election officials on individuals who were excused from jury duty for not being a citizen. Then James Alcorn, one of McAuliffe’s two Democratic appointees on the Virginia Board of Elections, proposed that rules be changed so that people who left the citizenship question unanswered on the voter-registration form would still be allowed to register. A few years ago, the Fairfax County Electoral Board found close to 300 non-citizens who had illegally registered, about half of whom had also illegally voted in prior elections. No action was taken to prosecute any of those non-citizens.

The FBI’s Defense of How the Clinton Interview Was Conducted Is Full of Holes The Bureau was clearly hamstrung by the Obama administration’s goal of avoiding prosecution. By Andrew C. McCarthy

In a nutshell, the Federal Bureau of Investigation and the Justice Department permitted Hillary Clinton’s aide Cheryl Mills — the subject of a criminal investigation, who had been given immunity from prosecution despite strong evidence that she had lied to investigators — to participate as a lawyer for Clinton, the principal subject of the same criminal investigation. This unheard-of accommodation was made in violation not only of rudimentary investigative protocols and attorney-ethics rules, but also of the federal criminal law.

Yet, the FBI and the Justice Department, the nation’s chief enforcers of the federal criminal law, tell us they were powerless to object.

Seriously?

In his testimony this week before the House Judiciary Committee, FBI director James Comey inveighed against critics who have slimed the Bureau as “weasels” over its handling of the Clinton e-mails investigation. I am not one of those people. After a quarter-century in the trenches with the Bureau as a prosecutor, I am one of those hopeless romantics who love the FBI and harbor real affection for the director himself.

I genuinely hate this case. I don’t mind disagreeing with the Bureau, a not infrequent occurrence in my former career. But I am hardwired to presume the FBI’s integrity. Thus, no matter how much irregularities in the Clinton investigation have rankled me, I’ve chalked them up to the Bureau’s being hamstrung. There was no chance on God’s green earth that President Obama and his Justice Department were ever going to permit an indictment of Hillary Clinton. Jim Comey says he didn’t make his final decision to recommend against prosecution until after Mrs. Clinton was interviewed at the end of the investigation, and that he did not coordinate that decision with his Obama-administration superiors. If he says so, that’s good enough for me. But it doesn’t mean the director made his decision detached from the dismal reality of the situation. And whatever one’s armchair-quarterback view on how he should have handled it, that reality was not of his making.

Syrian Refugee U.S. Arrivals in September: 1825 Muslims, 22 Non-Muslims (1.1 Percent) By Patrick Poole

The State Department admissions for all of September of non-Muslim Syrian refugees represented only 1.1 percent of the total, with 1,825 Muslim refugees admitted, and only 22 from Yazidi and various Christian sects who are being targeted for genocide by the Islamic State in Syria.

Admissions for the month of August were 3,159 Muslim and 30 non-Muslim refugees—fewer than one percent.

Year-to-date, non-Muslim Syrian refugee admissions account for less than one percent (0.8) overall, with 11,818 Muslims and only 95 non-Muslims of all groups.

Those were the numbers as of today from the State Department’s Refugee Processing Center.

These numbers are highly skewed when compared with Syria’s religious demographics.

According to The Gulf/2000 Project at Columbia University, the religious breakdown of the Syrian population from 2008-2009 shows that 15.98 million are Sunnis (73 percent of the population) while 3.29 million are Shiites (14.7 percent of the population). Christians account for 2.04 million people, or 9.3 percent of the population, while other religions account for 590,000 people, or 2.7 percent of the population.

I noted a few weeks ago that as hundreds of Muslim Syrian refugees were pouring in during early September, only two Christians had been admitted by September 10.

An Illegal Bailout for ObamaCare The White House plots a Treasury raid without an appropriation.

We keep reading that Donald Trump poses a unique threat to constitutional norms if he’s elected. His liberal critics would have more credibility if they called out the Obama Administration for its current (not potential) abuses of power, and here’s an opportunity: The Administration is crafting an illegal bailout to prop up the President’s health-care law.

News leaked this week that the Obama Administration is moving to pay health insurers billions of dollars through an obscure Treasury Department account known as the Judgment Fund. This would be a cash infusion for an ObamaCare program known as “risk corridors,” an allegedly temporary provision in the 2010 law that enticed insurers to participate in the exchanges.

The program was supposed to hedge against the risk that insurers would suffer large losses from plans that are limited in how they can price premiums for age or illness. Profitable insurers would pay into a fund that would be redistributed to companies that took unforeseen losses. The Administration said that risk corridors would be budget-neutral because more insurers would benefit than buckle, and the fund might even produce a profit.

Meanwhile back on earth, risk corridors resulted in industry-wide adverse selection, in which there are not enough healthy insurers to subsidize the sick ones. In 2014 the Centers for Medicare and Medicaid Services (CMS) collected a mere 12% of what insurers requested, and the fund payed out some $360 million of nearly $2.9 billion in claims.

The agency tried to raid other Health and Human Services funds to make up the shortfall, but legislators blocked that run around the law. Congress has twice stipulated that the Affordable Care Act must be enforced as written: No taxpayer money may be appropriated to risk-corridor payments. Yet CMS said in a memo this year that the payments are “an obligation of the United States government,” and the agency is “open to discussing the resolution of those claims.”

The plan now is to sneak around Congress through publicly financed lawsuit settlements. The Justice Department is eager to end a $5 billion class-action suit from Oregon’s now insolvent co-op, Health Republic Insurance, which demanded full payment of risk-corridor claims. So Justice will likely unload cash from the Treasury Department’s Judgment Fund, a 1950s invention that permanently allows for payment of judgments against the U.S.

This is an illegal move to spend money where Congress wouldn’t. A June memo from the Congressional Research Service notes that plaintiffs would have to wait until the government digs up more money or Congress decides to appropriate it. In a 1998 letter the Government Accountability Office pointed out that the Judgment Fund is not a tool to “circumvent congressional restrictions on appropriations,” which is precisely what the White House is doing.

Black Racism Goes Mainstream A movement based on race-hatred gets the thumbs up from the government, the media and the culture-at-large. Matthew Vadum

Black racism is getting worse in America because it is being validated, endorsed, and legitimized like never before.

And it’s not just Barack Obama doing this.

This race-based hatred is promoted by America-hating currency speculator George Soros who has been funding the racist, violent Black Lives Matter movement for years.

Instead of urging crime-fighting, Chris Stone, president of Open Society Foundations, supports disarming the police, a move that would make things worse and leave society at the mercy of criminals.

Black criminals aren’t to blame for rising crime rates because trigger-happy cops are on a killing spree in the U.S., he writes. “Those who kill innocents rarely do so sadistically. There are always excuses and explanations, stretching notions of self-defense, exaggerating threats, claiming mistaken identities.”

Although the U.S. is the least racist nation on the face of the earth there is a discernible shift underway. Too many black Americans and their radical non-black allies feel comfortable routinely spewing anti-white sentiments in public. Their crude, sometimes genocidal statements are becoming increasingly mainstream in the Obama era. In a case of defining deviancy down, antisocial anti-white sentiments are accepted by the media as normal, even admirable. The universities, strongholds of radical leftism and kooky identity politics, cleared the way for this.

American culture used to do a better job organically marginalizing racism. Until Barack Obama began running for president it can be argued racism barely existed at all in the United States.

Sure, the racial grievance industry with Jesse Jackson, Al Sharpton, and groups like ACORN, used to stir up trouble and use racial antagonism to shake down corporations, but these activities never had the feel of legitimacy about them. They were dirty and quite properly looked down upon by most normal Americans but today such activism wins praise from and invitations to the White House.

Recent events seem to confirm this trend in which the public expression of anti-white racist sentiments and violence against whites is being destigmatized.

As Breitbart News reported yesterday:

In an assault captured on video, Feras Jabro, a Donald Trump supporter wearing a “Make America Great Again” baseball cap, was harassed, chased, thrown to the ground and beaten by Black Lives Matter activists at a protest in El Cajon, California. […]

A longer video, shot from the victim’s perspective, shows the man standing in the crowd then being hit from behind, running from an angry mob, and then being beaten on the ground simply for wearing his MAGA hat.

The vicious attack happened on the second night of protests in the San Diego suburb of El Cajon, where Black Lives Matter protesters are angered about the police shooting death of Alfred Olango, 38. El Cajon police say they shot and killed Olango after responding to a call from his sister that he was acting erratically. Olango refused to comply with police orders, then “assumed a shooting stance” with what appeared to be a gun, but later turned out to be a vape cigarette electronic device.