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NATIONAL NEWS & OPINION

50 STATES AND DC, CONGRESS AND THE PRESIDENT

The Indictment of Navarro is Unconstitutional by Alan M. Dershowitz

https://www.gatestoneinstitute.org/18595/navarro-indictment-unconstitutional

Navarro has a strong claim of executive privilege that should be decided by the courts before any indictment can lawfully issue.

[A]bsent a judicial order, he cannot lawfully be indicted for invoking executive privilege and refusing to reveal arguably privileged material just because a committee of Congress, controlled by Democrats, has voted that he should. It is not enough to allow him to appeal after the fact, because information, once revealed, cannot be erased. He is obliged to claim privilege now and refuse to respond. That is not a crime. It is the constitutionally correct action.

Navarro’s indictment violates several key constitutional rights, including due process, fair warning and executive privilege. It also violates the separation of powers, under which the courts have the authority to resolve conflicts between the legislative and executive branches over claims of executive privilege in response to legislative subpoenas. Due process and fair warning require that these issues first be resolved by the courts before an indictment can be issued.

The Biden Justice Department knows the law and it should not be acting lawlessly to make political points.

In an age of partisan law enforcement, however, it is far from certain that neutral justice will be done. Some courts have been caught up in result-oriented injustice….

The Bible admonishes judges not to “recognize faces.” That command is the origin of the blindfolded statue of Lady Justice. But in our age of pervasive partisanship, too many judges peek out their blindfolds and rule differently based on the faces and political affiliations of the litigants.

The indictment of Peter Navarro for contempt of Congress violates several provisions of the Constitution and should be dismissed. Navarro has a strong claim of executive privilege that should be decided by the courts before any indictment can lawfully issue.

What Is a Woman? The Daily Wire’s new documentary will make you laugh, cry, and run screaming down the street. Bruce Bawer

https://www.frontpagemag.com/fpm/2022/06/what-woman-bruce-bawer/

Having consumed an extraordinary amount of information (and misinformation) about transgenderism – whether through terrific books like Helen Joyce’s Trans and Abigail Shrier’s Irreversible Damage or YouTube videos by transgender “influencers” like Noah Finnce or canny critics of transgender ideology like Mr. Menno, Arielle Scarcella, and Kellie-Jay Keen – I worried that the just-released Daily Wire documentary on the topic, What Is a Woman?, produced and directed by Justin Folk and starring Daily Wire commentator Matt Walsh, wouldn’t offer anything new.

In a sense I was right. My mind wasn’t changed. I went in knowing that transgenderism is deranged and dangerous, and the film confirmed my point of view. But what confirmation! Folk, Walsh, and company have put together a serious and definitive piece of work – at once a comprehensive survey, a chilling indictment, and, strange though it may sound, an often laugh-out-loud piece of entertainment.

Structurally, What Is a Woman? borrows from, of all things, Michael Moore’s debut documentary, Roger & Me (1989), about the effect of GM factory closings on the increasingly bleak economy of his hometown of Flint, Michigan. Moore structured his film around the conceit that he was on a quest to track down, and confront, GM chairman and CEO Roger Smith, the tongue-in-cheek premise being that, if informed about the town’s suffering, Smith would certainly take remedial action. The conceit propelling Folk’s documentary is that Walsh, the 35-year-old father of two boys and two girls, is hopelessly confused by the new concepts of sex and gender, which posit that a man can become a woman and vice-versa, and is traveling around the U.S. to learn from experts on the subject – and to pose one question in particular: What is a woman?

Stopping ‘Quarantine Camps’ in New York State By Bobbie Anne Flower Cox, Esq.

https://www.americanthinker.com/articles/2022/06/stopping_quarantine_camps_in_new_york_state.html

This is the fight for freedom we Americans never dreamed we would have to fight.

Imagine a land where the government has the power to lock you up because the unelected bureaucrats in the Health Department think that you might, possibly have a communicable disease. They don’t have to prove you are sick. They don’t have to prove you are a health threat to others. They just need to think that, maybe, you were possibly exposed to a disease. And when I say “lock people up,” I mean lock you in your home or force you from your home into a facility, detention center, camp (pick your noun) that they get to choose and you must stay there for however long they want. No time limit; so it could be for days, weeks, months, or years….

Now imagine that there is no age restriction, so the government can do this to you personally, or to your child, or to your grandchild, or to your elderly parent, or to your ailing grandparent. The nightmare continues because you have no recourse. No chance to prove that you aren’t actually infected with the disease. No chance to confront your jailers, see their supposed evidence against you or challenge their quarantine order in a court of law before getting locked up. And they can use law enforcement to help them carry out their forced quarantine or isolation orders, so the knock on your door could very well be the sheriff or police coming to remove you from your home or to “check in” on you to ensure you are locked down in your home, isolated, in accordance with the Health Department’s order against you.

This dystopian horror sounds unbelievable to an American. That the government has the ability to control one’s every move is unnatural to us. Politicians and bureaucrats being able to have unbridled power to tell you where you can and cannot go, what you can and cannot do, and who you can and cannot see is the very antithesis of what our country stands for. It flies in the face of “liberty and justice for all.” After all, we are supposed to be a nation of governance of the people, by the people, and for the people.

And yet, the governor of New York and her Department of Health have promulgated a dystopian regulation that does all of that and more. The regulation is called “Isolation and Quarantine Procedures” and can be found at 10 NYCRR 2.13. It is a clear violation of the Separation of Powers because the governor is not supposed to make law, nor can an agency. Only the legislature can make law and agencies can only issue regulations that the legislature empowers them to issue. Simply put, an agency cannot just make up rules on its own whim. It must have a directive from the legislature to do so.

On Biden’s Decline Andrew McCarthy

https://www.nationalreview.com/corner/on-bidens-decline/

Regarding our senescent POTUS, Dan observes:

If you have spent much time around elderly men with declining faculties, you will recognize the all-too-common pattern of lashing out because they need help for things they could once do themselves, rather than being thankful for the help.

Okay, but the main thing the in-his-prime-such-as-it-was Joe Biden could do for himself was say stupid stuff . . . that he would then have to pretend not to have said.

The difference between then and now is that, as president rather than blowhard senator, Biden has legions of staff, rather than just the media, to walk it back.

He was grateful for the media. But now he’s angry at the staff. I guess that’s the measure of decline.

Inside the Infighting on the January 6 Committee Andrew McCarthy

https://www.nationalreview.com/2022/06/inside-the-infighting-on-the-january-6-committee/

Nailing Donald Trump is the only mission on which there is agreement between Democrats and the two Republicans on the committee.

There is internal division in the House January 6 committee regarding what legislative agenda to recommend to prevent a repeat of the 2020 election hijinks, according to an Axios report by Jonathan Swan and Hans Nichols. The fissure was inevitable.

On one side, this is a Democrat-dominated committee formed to address a supposed crisis. Like any Democratic partisan, the committee is determined to exploit the crisis to push for long-coveted radical change, even though the proposed change is largely unrelated to the causes of the crisis. On the other side, there is the Republican ally, Congresswoman Liz Cheney of Wyoming, whom Democrats have accepted into the fold so they can claim their gambit is bipartisan. However opportunistic that was, Cheney inconveniently opposes the Democrats’ policy ideas.

To conduct a proper investigation, a congressional committee must have a bona fide legislative purpose. The January 6 committee has never had such a purpose. It is mutual loathing of Trump, and nothing else, that unifies the committee’s seven Democrats and two Republicans (Cheney is joined by Adam Kinzinger of Illinois, also tapped by Speaker Nancy Pelosi because of his public chiding of Trump).

Have We Become Amerika? We Are A Country in Trouble

https://issuesinsights.com/2022/06/07/are-we-amerika-now/

A 1987 television miniseries that visualized the condition of the U.S. a decade after the country had surrendered to the Soviet Union was probably not far off the mark. Life in “Amerika” was nothing like life in America before the Soviet takeover. Though the USSR no longer exists, life in this country in 2022 feels like Amerika due to transformational changes brought by virulent inside influences, just as Nikita Khrushchev said would happen.

The U.S. is not a single-party state. There are pockets of resistance to the progressive agenda, most notably in Texas and Florida. But the effort to turn this nation toward a hard-left future has been accelerated by the lockdowns, mandates, and the do-as-we-say diktats of the Great Coronavirus Panic, and the Democrats’ control of the lawmaking and executive branches, as well as the administrative state.

Unlike the Americans in “Amerika,” we didn’t surrender to the Soviets. We have simply handed power to the left. The hard (and unrelenting) left controls most of the media, sets the tone for popular culture, and has hegemonized most of our institutions and many of our businesses.

Consequently, freedoms have been overrun, dissent forbidden, free speech shredded, and crime allowed to thrive. Our Second Amendment rights are in grave jeopardy. The price of energy is intentionally being increased. Failure to conform to leftist demands risks ostracization. The rule of law is being ignored. Our justice system has been corrupted by politics. Both policymakers and activists want to increase the middle and lower classes’ dependency on government. Wealth is not to be created but redistributed by elected officials and their functionaries in the bureaucracy. Inflation caused by Democratic policies has wrecked the value of the dollar. Abundance has been replaced by shortages, the worst of which are yet to come.

Michael Sussmann Free And Peter Navarro In Shackles Epitomize America’s Two-Tier Justice By: Ben Weingarten

https://thefederalist.com/2022/06/06/justice-for-me-but-not-for-thee-why-sussmann-walked-but-navarro-was-shackled/

What do you do when your every institution has been weaponized against you? What do you do when there is a two-tier, no-justice system?

The split-screen of a smug and triumphant Hillary Clinton 2016 campaign lawyer Michael Sussmann walking free from D.C. federal court, and a harried and bewildered former Donald Trump trade adviser Peter Navarro being hauled before it, following his account of a harrowing arrest and detainment, ought to be ingrained indelibly in the American mind.

It sends an unmistakable message: We can get you anytime, anywhere, on any grounds we choose. You can’t touch even a single one of ours.

If by some strange occurrence one of ours is brought before a court, the judge and jury will be rigged against you. “I dare you to ask me to recuse with an acquaintance on the stand,” the judge will say. “What’s a lie to our FBI among friends,” the jury will say. Especially when the lie is a useful one.  

The institutions Democrats’ comrade colluded with will be absolved of blame by the putatively adversarial prosecutor representing you, the people. That prosecutor will be plodding, and hew to process crimes against bit players, while the statutes of limitations for the most serious crimes committed by the biggest fish lapse.

You won’t be able to discern whether he is building a masterful case to take us all down, or insulating the very institutions he has served for and with for years, and to which he ultimately answers. That’s the point.

Move over ACLU, FIRE is the New Champion of Free Speech The expansion of the Foundation of Individual Rights in Education marks the end of an era, when free speech issues were the sole province of American liberalism Matt Taibbi

https://taibbi.substack.com/p/move-over-aclu-fire-is-the-new-champion?s=r

After years of planning, the Foundation for Individual Rights in Education, better known as FIRE, announced a major expansion Monday, moving “beyond college campuses to protect free speech — for all Americans.”

FIRE was the brainchild of University of Pennsylvania history professor Alan Charles Kors and Boston civil liberties lawyer Harvey A. Silverglate, who co-authored the 1999 book, The Shadow University: The Betrayal of Liberty on America’s Campuses. To the modern reader the book reads like a collection of eccentric cases of students and teachers caught up in speech code issues, most (but not all) being conservative.

To take just one of countless nut-bar examples, Kors and Silverglate told the story of a professor in San Bernardino reprimanded for violating sexual harassment policies because, among other things, “he assigns provocative essays such as Jonathan Swift’s A Modest Proposal,” as the court case later put it. This was apparently the “cannibalism” portion of the accusation that he delved into such subjects as “obscenity, cannibalism, and consensual sex with children.”

The book triggered such an overwhelming number of responses from other faculty members and students that the pair decided to set up an organization to defend people who found themselves in tricky speech controversies on campuses. They soon found they had plenty of work and, by 2022, enough of a mandate to expand beyond colleges and universities into America at large. According to FIRE CEO Greg Lukianoff, as quoted in a Politico story, the group has already raised over $28 million toward a $75 million “litigation, opinion research and public education campaign aimed at boosting and solidifying support for free-speech values.”

As noted in another story I put out today, FIRE will be doing a lot of stepping into a role semi-vacated by the American Civil Liberties Union. I spoke with Nico Perrino of FIRE, producer and co-director of the excellent documentary about former ACLU chief Ira Glasser (see review here), to ask what the expansion would entail:

THE GENDER VARIANT UNIVERSE : Christopher F. Rufo

https://www.city-journal.org/transgender-activists-in-their-own-words
A consortium of publicly funded nonprofits wants to “decolonize gender” and normalize male genitalia as a form of authentic womanhood.

Transgender activism has been making inroads into America’s public institutions. The Biden administration has recently promoted neo-pronouns and gender reassignment surgery for minors, government agencies have celebrated the expansion of identity categories such as “pansexual” and “non-binary,” and public schools across the country have adopted curricula teaching students about transitioning from one gender to another. Trans activists often present their ideological program through a series of euphemisms and tautologies, such as “gender diversity,” “LGBTQ inclusion,” “love is love,” “protect trans kids,” and “comprehensive sexual education.” But these slogans obscure more than they reveal. The deeper nature of trans ideology is much more radical and the public should have a clear-eyed understanding of what trans activists believe, beyond the protective layer of obfuscatory language.

The best way to do this is to listen to activists in their own words. Last year, a consortium of trans organizations in Washington State hosted a presentation series, titled “Decolonizing Gender,” that offers an honest, unfiltered look into the world of trans activism and ideology. The event was hosted by the most prominent gender identity nonprofits in the region—TRACTION, Lavender Rights Project, Black Trans Task Force, Gender Justice League, and UTOPIA Washington—all of which run programs for minors and receive taxpayer support. (TRACTION, the primary organizer of the event, did not return a request for comment.)

The panelists represented a wide range of idiosyncratic identities, expressed in a mixture of New Age and intersectional language—the more obscure and oppressed, the greater the status within the community. The main presenter, trans activist Malcolm Shanks, said he was a descendant of black slaves and Taíno tribesmen and “used to identify as gender fluid,” but has been “identifying more recently as a little bit more gaseous or plasma-like.” Randy Ford, a fundraiser for the Lavender Rights Project and black male-to-female “trans femme,” said she uses “‘she,’ ‘her,’ [and] ‘goddess’ as pronouns.” Mahkyra Gaines, a program coordinator for the Gender Justice League, said she uses “no pronouns” and identifies as “non-binary” and “kind of like a black hole.” Ganesha Gold Buffalo, a male-to-female trans prostitute and activist at the Black Trans Task Force, said she identifies as “Choctaw, Cherokee, and black” and with the “sacred lands.”

Uvalde Cops and Evil In Action A society is rotten, certifiably mad, when the cries of little kids and women being blown to smithereens do not make grown men drop their poisonous progressive protocol and run to the rescue. By Ilana Mercer

https://amgreatness.com/2022/06/05/uvalde-cops-and-evil-in-action/

Last week we learned that a lady from Charleston had the male bits and the moral compass that upwards of 19 police officers, hunkered down at the Robb Elementary School in Uvalde, Texas—all SWATTED-up and swaddled in Kevlar body armor—were without.

At the same time, the trapped children cried out to 911 as they were being mowed down. These babies screamed for grown men to quit cowering and pondering bureaucratic distinctions—active shooter or barricaded shooter—a distinction without a difference if the barricaded shooter is also holding the kids hostage and picking them off one by one. 

Do not rest in peace, Uvalde Angels. Rage from the heavens.

The Uvalde cops began milling about the school corridor at 11:35 a.m. on May 24, waiting on a key to open a door behind which little children had been dying since 11:33 a.m.

These cops waited for the key until 12:50 p.m., when “a Border Patrol Tactical Unit officer finally breached the room using a janitor’s keys.” And, no. Despite the gushing on Fox News, that Border Patrol Tactical Unit officer is no hero. Doing your job eventually—when that job is defined by the credo “time is of the essence”—is not heroism.

How overpowering is the instinct to worship! Lawrence Jones of Fox News looked to blame 911 for the Uvalde Police’s disgraceful failure to engage an active shooter. However, the protocol is clear. You go to the fight. Law enforcement is obliged to forthwith engage a known active shooter. An assault rifle was being fired feet away from the officers. Surely the sound would’ve hurt their eardrums. There was no communication breakdown; only a categorical refusal to respond to reality on the ground.

Cops had come a cropper, refusing to respond to reality on the ground, deaf to the cries and telephone calls of brave babies.

Absent keys, operating under the license of no-knock warrants—these state operators, whom we pay for protection, have no qualms about deftly deploying tactical entry equipment, such as battering rams, to kick in our doors on the slightest pretext, and without knowing what’s on the other side.