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NATIONAL NEWS & OPINION

50 STATES AND DC, CONGRESS AND THE PRESIDENT

Ginsburg’s Death and the Dangerous Politics Ahead .By Charles Lipson

https://www.realclearpolitics.com/articles/2020/09/20/replacing_ginsburg_could_force_a_constitutional_crisis_144252.html

Ruth Bader Ginsburg’s life in the law cast a long shadow. In death, she casts a long shadow, too.

Since Justice Ginsburg was both historic figure and reliable liberal vote on the United States Supreme Court, replacing her was always going to be contentious. After all, the court’s direction for years to come is at stake. Candidate Donald Trump made the “activist federal courts” a major campaign issue in 2016. As president, he and Senate Majority Leader Mitch McConnell have delivered on that issue. They have confirmed over 200 new judges, almost all of them strenuously opposed by Democrats. Now, he has been given his third opportunity to nominate a Supreme Court justice. His first appointment replaced the late conservative icon, Antonio Scalia, with another conservative, Neil Gorsuch. His second replaced Anthony Kennedy, a moderate conservative and occasional swing vote, with Brett Kavanaugh, a more consistent conservative vote.

Replacing any Supreme Court justice is important, but substituting a conservative for a liberal giant like Ginsburg or the 82-year-old Justice Stephen Breyer, when he retires, would be far more consequential. That’s why the fight over the Ginsburg’s vacant seat will be so fierce, worse even than the brawl over Kavanaugh, who was smeared by multiple, last-minute allegations of sexual assault, none of which were substantiated. That fight was so toxic that several senior Democrats openly rejected the idea that Kavanaugh should be presumed “innocent until proven guilty,” a bedrock assumption of Anglo-Saxon jurisprudence for over a thousand years.

Systemic Racism? Make Them Prove It. By Andrew C. McCarthy

https://www.nationalreview.com/2020/09/systemic-racism-criminal-justice-system-make-critics-prove-charge/

Progressives say racism is everywhere in the criminal-justice system, but they don’t provide many specifics.

I  worked in the criminal-justice system for a quarter century. It is run, day-to-day, by the crème de la crème of graduates from America’s top law schools. Those institutions wear their progressive bona fides on their sleeves and proclaim it for all the world to hear.

In their offhand rhetoric — insouciant, because they know their bien pensant allies in politics and media will never call them on it — legal elites will tell you that the administration of justice in America is systemically racist. But they are the system. The judges, the top prosecutors, the defense bar, the experts who craft the sentencing guidelines and the standards of confinement — overwhelmingly, they are political progressives.

That’s fine. I’m a lawyer from New York City. I’ve not only lived in and around this world for decades, I have affection for lots of its denizens. Most of them are proud of being on the left. I don’t agree with them politically, but the routine handling of criminal cases is not political. It is clinical: professionals doing the best they can.

And that’s just the point: They do the best they can. That is the antithesis of racism.

These professionals strive to do justice for individual defendants. The concrete experience of routine cases in the justice system is fairness to a fault. The enforcement authorities, defense counsel, and the court frequently bend over backwards to plead cases out to softer versions of the criminal conduct’s harsh reality. They do so precisely to rationalize the avoidance or reduction of jail time.

Replacing Justice Ginsburg: Politics, Not Precedent By Andrew C. McCarthy

https://www.nationalreview.com/2020/09/replacing-justice-ginsburg-politics-not-precedent/

The timing of Justice Ginsburg’s replacement is strictly a matter of political calculation.

Justice Ruth Bader Ginsburg lived an extraordinary American life and leaves it with glowing admiration from even those who disagreed with her. That’s all any of us can hope for.

It is an unseemly but by now commonplace sign of our times that, even though she passed away just as Rosh Hashanah had begun, the politics of a now-vacant Supreme Court seat could not be put on hold for a day, or even a few hours. On the other hand, Justice Ginsburg herself fanned the political flames. In her last days, she dictated a statement, made public after her death, expressing fervent desire that she “not be replaced until a new president is installed.”Since Supreme Court justices usually choose their words with care, we have to assume this is a wish not only that the seat remain unfilled until after January 20, but that a new president be elected in the interim. It is understandable that Democrats are already exploiting the emotional power of a liberal giant’s dying wish. Yet, while we honor Justice Ginsburg’s remarkable life, we owe her no more deference on the timing of her replacement than on the outcome of the November election.

The timing of her replacement, instead, is strictly a matter of political calculation.

On this, I will say what I always find myself saying when a vacancy on the High Court opens: It is ridiculous for leading senators, administration officials, influential partisans, and pundits to enunciate the high-minded principles and precedents that supposedly control the propriety and timing of a nomination.

Ginsburg’s Wish to Family: ‘I Will Not Be Replaced Until a New President Is Installed’ By Ivan Pentchoukov

https://www.theepochtimes.com/ginsburg-dictated-wish-to-granddaughter-i-will-not-be-replaced-until-a-new-president-is-installed_3505898.html

Days before her death, Supreme Court Justice Ruth Bader Ginsburg dictated a wish to her granddaughter related to the 2020 presidential election.

“My most fervent wish is that I will not be replaced until a new president is installed,” Ginsburg told her granddaughter, Clara Spera, according to NPR.

The Supreme Court said in a statement on Sept. 18 that Ginsburg, 87, passed away in the evening surrounded by her family at her home in Washington from complications from metastatic pancreatic cancer.

Ginsburg’s late wish will surely figure prominently in the debate that’s likely to ensue if President Donald Trump goes forward with appointing a new Supreme Court justice before the election on Nov. 3. Senate Majority Leader Mitch McConnell (R-Ky.) has said that he would move forward with approving a justice should an opening come up ahead of Election Day.

Ginsburg spent her final years on the bench as the unquestioned leader of the court’s left wing and became something of a rock star to her admirers. Young women especially seemed to embrace her, calling her the “Notorious RBG” on Twitter.

Lee Smith :America’s China Class Launches a New War Against Trump The corporate, tech, and media elites will not allow the president to come between them

https://www.tabletmag.com/sections/news/articles/americas-china-class-fights-trump

Chances are that by the time you get to the end of this article, there will be news of another information operation targeting Donald Trump. There’s one a day now—each trumpeting a new mortal threat to the republic or some dastardly revelation based on sources that are usually anonymous. Whatever it is, it will serve the same purpose as the hundreds of similar sallies launched over the last four years—namely, to preserve and protect the position and privileges of America’s ruling elite.

Trump stories are rarely about Trump. The same stories, or versions of them, would have targeted anyone who threatened to sever the American political, corporate, and cultural elite’s economic lifeline to the Chinese Communist Party. It is largely because Trump sought to decouple the United States from the CCP that America’s China Class, which owns the platforms on which Americans communicate, has waged a relentless campaign of information warfare against him through its social media and prestige media brands.

Consider the last two anti-Trump info ops: He gratuitously denigrated the historical suffering of African Americans, and he expressed contempt for America’s war dead. These are the sort of false allegations that political operatives are tasked to manufacture and disseminate during election season. Their purpose is to reinforce a negative impression of the opposing party among whatever cohort is being addressed, and make the target spend resources—time and money and sometimes blood—on defense. That’s politics 101, since the time of the Romans.

What’s new is that this is now journalism too. Since the internet defunded the press at the end of the 20th century and social media became the dominant player in America’s information space, journalism has abandoned the traditional standards and practices that once defined reporting. For instance, the smear holding that Trump is contemptuous of the military was supposedly based on four anonymous sources recalling exchanges from three years ago, which have been contradicted by dozens of named sources, some of whom were physically present when the comments were supposedly made—and some of whom have been public Trump opponents. In traditional journalistic terms, that’s not a news story—that’s a failed attack line.

The UAE and the Democratic-Muslim Extremist Partnership Can you visualize Biden strengthening America’s allies in the Middle East? Caroline Glick

https://www.frontpagemag.com/fpm/2020/09/uae-and-democratic-muslim-extremist-partnership-caroline-glick/

The U.S.-brokered peace deal between Israel and the United Arab Emirates, which is scheduled to be finalized this week at the White House, strikes a major blow to the twin forces of Islamic imperialism and terror in the Middle East: the Sunni Muslim Brotherhood and the Shi’ite regime in Iran.

The tripartite alliance between the United States, Israel and the UAE, openly supported by Saudi Arabia, Oman, Bahrain, Sudan and Morocco, gives an institutional structure to a pro-American regional bloc of moderate, anti-jihadist governments all with proven track records of action against the Muslim Brotherhood, Iran and their surrogates.

Based as it is on shared interests, the Israel-UAE alliance is likely to persevere in the years to come. But America’s continued participation in the alliance is significantly tied to the outcome of the presidential elections.

In 2014, the UAE published a list of 82 designated terrorist groups. Nestled between al-Qaeda and Islamic State (ISIS) was the Council on American Islamic Relations, or CAIR, a group with deep ties to the Democratic Party.

The UAE designation was not a slander. As former U.S. prosecutor Andrew McCarthy chronicled in his 2010 book, “The Grand Jihad: How Islam and the Left Sabotage America,” CAIR was founded in 1994 as a front organization for the Muslim Brotherhood and its Palestinian branch, Hamas. In conjunction with other Hamas/Muslim Brotherhood front groups and fundraising arms, CAIR’s job was to promote political Islam. Its operations, based in Washington, were to focus on political influence. To achieve this end, it presented itself as a civil rights organization.

Party of Pants-on-Fire Accuses Trump of Lying to the American People on Coronavirus For Democrats, lying is a way of life. Don Feder

https://www.frontpagemag.com/fpm/2020/09/party-pants-fire-accuses-trump-lying-american-don-feder/

Here’s a play on the old lawyer joke: How do you know when a Democrat is lying? The choices are: 1. During a campaign, 2. When he’s talking about Trump, 3. When his lips are moving 4. All of the above.

It was Honest Joe’s most memorable line from another week of lackluster campaigning: “Trump lied to the American people,” the old duffer said. Because the president didn’t get hysterical about the Wuhan virus initially – because he tried to reassure the public – he lied!

Admittedly, it was a mistake to tell people to come to San Francisco’s Chinatown when the virus broke out. No, wait, that was House Babbler Nancy Pelosi. At the same time, Democrats condemned Trump for stopping flights from China, interfering with the PRC’s germ-warfare project.

If POTUS had gone before the cameras at his first Coronavirus press conference and run around waving his arms and shouting: “The Black Death is coming. It’s the end of the world,” they’d now accuse him of spreading hysteria. “This is the time for calm deliberation.”

162 House Dems Vote Against Measure to Combat Anti-Semitism Adam Kredo

https://freebeacon.com/democrats/162-house-dems-vote-against-measure-to-combat-anti-semitism/

More than 160 House Democrats voted on Wednesday against a measure to combat anti-Semitism.

Republicans offered the anti-Semitism measure as an amendment to a piece of Democrat-backed legislation promoting greater inclusivity in federal programs. The bill, dubbed the Equity and Inclusion Enforcement Act, would permit the filing of private civil suits for violations of federal regulations that “prohibit discrimination on the ground of race, color, or national origin in programs or activities receiving federal financial assistance.” The Republican amendment, which passed by a vote of 265 to 164, with 162 Democrats in opposition, mandates that anti-Semitism also be considered as discrimination.

The Republican effort to include anti-Semitism in federal definitions of discrimination follows similar moves by the White House to consider discrimination against Jewish people illegal under Title VI of the Civil Rights Act, which affords protection to minorities and other groups. House Democrats have been divided in recent years on issues of anti-Semitism and anti-Israel advocacy in the United States. The latest vote highlights a deep divide between Democrats and Republicans on the issue, which is playing out against the backdrop of rising anti-Semitism across the globe.

Rep. Virginia Foxx (R., N.C.), sponsor of the anti-Semitism amendment, said that any legislation altering Title VI must include protections for Jewish Americans.

“We should use this opportunity to show commitment to combating anti-Semitism,” Foxx said. “With anti-Semitism on the rise around the world, the need for this amendment is clear.”

The Russian Bounties Story Turns Out to Be Trash Journalism By Dan McLaughlin

https://www.nationalreview.com/2020/09/the-russian-bounties-story-turns-out-to-be-trash-journalism/

How many times will people have to fall for this before they learn?

H onestly opposing Donald Trump should be easy. There is much to choose from in the president’s personality, character, public words, and public conduct, and many scandals and policy decisions to pick from. Yet somehow, Democrats and the media keep on betting heavily on stories that turn out, on closer inspection, to range from unproven to grossly exaggerated to outright fabrications. There’s no Postal Service conspiracy to vanish mailboxes and sabotage the election. Just yesterday, I noted the gulf between claims that ICE is mass-sterilizing immigrant women and the actual complaint, which raises secondhand alarms about a single doctor at a single facility. And now, we see the collapse of the “Russian bounties paid to the Taliban to kill American soldiers in Afghanistan” story.

New York Times reporters Charlie Savage, Eric Schmitt, Michael Schwirtz, and Mujib Mashal broke the heavily hyped story in late June: “Russia Secretly Offered Afghan Militants Bounties to Kill U.S. Troops, Intelligence Says”:

American intelligence officials have concluded that a Russian military intelligence unit secretly offered bounties to Taliban-linked militants for killing coalition forces in Afghanistan — including targeting American troops — amid the peace talks to end the long-running war there, according to officials briefed on the matter. The United States concluded months ago that the Russian unit, which has been linked to assassination attempts and other covert operations in Europe intended to destabilize the West or take revenge on turncoats, had covertly offered rewards for successful attacks last year.  [Emphasis added]

Study: Up To 95 Percent Of 2020 U.S. Riots Are Linked To Black Lives Matter By Joy Pullmann

https://thefederalist.com/2020/09/16/study-up-to-95-percent-of-2020-u-s-riots-are-linked-to-black-lives-matter/

A report accompanying the data project, however, reads like an upscale attempt to blame the police for criminals’ decision to steal, kill, and destroy.

Contrary to corporate media narratives, up to 95 percent of this summer’s riots are linked to Black Lives Matter activism, according to data collected by the Armed Conflict Location and Event Data Project (ACLED). The data also show that nearly 6 percent — or more than 1 in 20 — of U.S. protests between May 26 and Sept. 5 involved rioting, looting, and similar violence, including 47 fatalities.

ACLED is a nonprofit organization that tracks conflict across the globe. Its U.S. project that collected the summer protest data is supported by Princeton University. The project’s spreadsheet collating tens of thousands of data points documents 12,045 incidents of U.S. civil unrest from May 26, 2020 to Sept. 5, 2020. May 26 is the day after George Floyd’s death in police custody with enough fentanyl in his system to have died of an overdose if police had never touched him.

Of the 633 incidents coded as riots, 88 percent are recorded as involving Black Lives Matter activists. Data for 51 incidents lack information about the perpetrators’ identities. BLM activists were involved in 95 percent of the riots for which there is information about the perpetrators’ affiliation.