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NATIONAL NEWS & OPINION

50 STATES AND DC, CONGRESS AND THE PRESIDENT

OVERSIGHT REPORT ON THE SMALL BUSINESS ADMINISTRATION

https://openthebooks.lpages.co/sba-report/

During our hour-long segment, we also broke our latest oversight report on the U.S. Small Business Administration.

The American people deserve to know the truth.

Our investigation uncovered that the SBA lent more than $170 billion over the last five years. 

But where did the money go? 

$12.2 billion went to Wall Street. 

$120 million went to private country clubs, beach clubs, swim clubs, tennis clubs and yacht clubs. 

Even worse, we discovered $16 billion in bad loans from FY2010 to FY2018—that’s failed lending!

The American people deserve to know the truth.

Will the ABA Reject Due Process? Activists push a resolution that would redefine sexual consent and convict innocent men of assault. By KC Johnson and Stuart Taylor Jr.

https://www.wsj.com/articles/will-the-aba-reject-due-process-11565559212

In August 2014 the University of Tennessee-Chattanooga deemed student Corey Mock guilty of sexual assault, finding that in the disputed encounter he failed to prove he had obtained “affirmative consent” from the accuser. According to Mr. Mock’s unrebutted testimony, the female student’s actions during intercourse led him to believe that she had consented to sex. Mr. Mock sued the school, and a Tennessee judge ruled in his favor. “Affirmative consent,” the judge wrote, “is flawed and untenable if due process is to be afforded.” The standard “erroneously shifted the burden of proof” to the accused.

Mr. Mock’s experience is hardly unique. State laws in California, Connecticut and New York require educational institutions to find against students or personnel accused of sexual misconduct unless they can prove the accuser gave “affirmative consent,” meaning a positive manifestation by words or actions of consent to each sex act during an encounter. In practice, as Janet Halley of Harvard Law School has noted, these statutes authorize “proceedings in which the decision maker effectively presumes guilt and requires the accused to disprove it.”

In the past few years thinkers and politicians of diverse ideologies have recognized the excessively punitive nature of the American criminal justice system. Against this backdrop, it’s incredible that the American Bar Association’s House of Delegates plans this week to consider a resolution that would urge legislatures and courts to redefine criminal sexual assault and apply standards like the one in the Mock case.

The resolution, originally advanced by the ABA’s Criminal Justice Section and Commission on Domestic and Sexual Violence, says that the law should “define consent in sexual assault cases as the assent of a person who is competent to give consent to engage in a specific act of sexual penetration, oral sex, or sexual contact” and “provide that consent is expressed by words or action in the context of all the circumstances.”

Epstein’s Apparent Suicide Renews Questions about His Prosecution By Andrew C. McCarthy

https://www.nationalreview.com/2019/08/epsteins-apparent-suicide-renews-questions-about-his-prosecution/

Should he have been in federal custody in the first place?

‘It should also be borne in mind that the Court has not (yet) been presented with a motion to dismiss the Indictment.” Manhattan federal judge Richard M. Berman thought that fact was important enough to warrant mention in the very first paragraph of his 33-page opinionexplaining his denial of bail to Jeffrey Epstein three weeks ago.

No such motion will ever be addressed.

Epstein appears to have committed suicide overnight. The 66-year-old, a millionaire many times over and a registered sex offender with influential political connections, was pronounced dead at a downtown hospital early Saturday morning. He had been rushed there in cardiac arrest from the Metropolitan Correctional Center, where he had been remanded pending trial on sex trafficking charges.

Two weeks ago, there were reports that Epstein may have attempted to take his own life. At the time, he was found in his cell, unconscious and with neck injuries, though there was also some suspicion that he had been assaulted by another inmate. He was placed on suicide watch, but this was reportedly lifted a few days ago. An autopsy will be performed to determine the cause of death. Obviously, there are many pressing questions about the conditions of Epstein’s incarceration.

But why was he in custody rather than on bail?

The government sought his detention. Epstein countered with the offer of a very substantial bail package, including numerous monitoring conditions and co-signing sureties, meant to assure the court that he would neither abscond nor obstruct the proceedings. Judge Berman sided with prosecutors, finding Epstein was a danger to the community and a flight risk.

Barr Claims There Were ‘Serious Irregularities’ at Jail Where Epstein Died By Jack Crowe

https://www.nationalreview.com/news/william-barr-claims-there-were-serious-irregularities-at-jail-where-epstein-died/

Attorney General William Barr said Monday that there were “serious irregularities” at the Manhattan federal jail where billionaire Jeffrey Epstein was found dead Saturday morning.

“We are now learning of serious irregularities at this facility that are deeply concerning and demand a thorough investigation,” Barr said during remarks before a law enforcement conference in New Orleans.

“We will get to the bottom of what happened and there will be accountability,” he added.

Epstein, 66, was found dead in his cell at the Metropolitan Correctional Center early Saturday morning.The billionaire financier, who was being held on charges of sex trafficking and sexual assault, died in what authorities are calling “an apparent suicide.”

He was placed on suicide watch for just one week after he tried to hang himself in his cell last month. It remains unclear why he was taken off suicide watch.

Under the rules of the special housing unit where Epstein was being held, guards were required to check on him every 30 minutes but no such checks occurred for “several hours” prior to his death, the Washington Post reported Monday. Epstein’s cell mate was also transferred in the days prior to his death in violation of special housing unit protocol.

The guards tasked with watching Epstein the night he died were working an overtime shift and one of them had worked  five such shifts in a row.

Igniting Civil War By Angelo Codevilla

https://amgreatness.com/2019/08/06/igniting-civil-war/

Government sponsorship of violence against opponents or complacency in the face of incitement to violence is a powerful tool of political repression. Regimes such as Cuba, Venezuela, Iran, Nicaragua, China, and other tyrannies have used such tactics to great effect. When mobs attack anti-government demonstrators, for example, the police either disappear or stand by watching. In American cities run by Democrats and on the U.S. college and university campuses, the authorities increasingly have been standing by as radicals do the dirty work of beating up or silencing conservatives.

In societies riven by mutual hate, the people who control the police and public communications make all the difference. When they maintain impartiality, as did Germany’s Weimar government while the Nazis and Communists struggled for primacy, partisan warfare tends to be resolved politically—though the results are harsh. When societal hatred or the partiality of authorities results in deaths, long-smoldering cold civil war can blaze into holocaust.

We Americans are now facing the danger of a civil war thus ignited. We do not think of civil war this way because our Civil War from 1861 to 1865 was less a conflict within society than it was a highly organized war between states. That war notwithstanding, personal friendships and mutual esteem persisted on both sides, such as that between Ulysses S. Grant and prominent Confederate General James Longstreet.

What we face now is worse.

From El Paso to Fort Hood When the FBI failed to prevent a mass murder they knew was coming. Lloyd Billingsley

https://www.frontpagemag.com/fpm/274549/el-paso-fort-hood-lloyd-billingsley

Last weekend, Patrick Crusius shot down 22 victims in El Paso, Texas. Ten years earlier in Fort Hood, Texas, some 500 miles to the east, U.S. Army major Nidal Hasan was planning a deadly attack, similar in some ways but decidedly different in response from the media and political establishments. Unlike the El Paso shooter, the Federal Bureau of Investigation, then headed by Robert Mueller, was on to Hasan from the start.

On May 31, 2009, the Muslim army psychiatrist, a self-described “soldier of Allah,” contacted  terrorist mastermind Anwar al-Awliki, probing whether it was okay to kill American soldiers by suicide bombings and such in order to help fellow Muslim combatants. “This logic seems to make sense to me,” Hasan replied. These and other emails between the two were in the hands of the FBI at that time.

In June of 2009, the FBI’s Washington field office responded “WFO does not currently assess Hasan to be involved in terrorist activities.” The FBI promptly dropped the case until November 5, when field agents said: “You know who that is. That’s our boy.”

As it emerged in the 2012 congressional hearings on Lessons from Fort Hood: Improving our Ability to Connect the Dots, their boy Nidal Hasan, “walked into the Soldier Readiness Center at Fort Hood, Texas, and shouted the classic jihadist term ‘Allahu Akbar’ and opened fire on unarmed soldiers and civilians. He killed 13 and wounded 42 others. This was the most horrific terrorist attack on U.S. soil since 9/11.” That was accurate, but did not capture the details. 

Karen Armstrong and the Islamists By Anne-Christine Hoff

https://www.americanthinker.com/articles/2019/08/karen_armstrong_and_the_islamists.html

What do the Dalai Lama, a former nun, and a group accused of supporting terrorism have in common? All of them are connected to a multinational initiative to “help people adjust creatively to our globally interdependent world,” known as the Charter of Compassion.

The former nun is prominent author and academic Karen Armstrong.  In 2009, after receiving the prestigious $100,000 TED Prize, she, along with other members of the founding council, drafted the Charter for Compassion, advocating that those of all religions bind together to create a “global community.” The list of signatories of the charter reads like a “Who’s Who” of global superstars, including New Age guru Deepak Chopra, South African Anglican bishop Desmond Tutu, filmmaker David Lynch, actress Goldie Hawn, Oxford scholar Tariq Ramadan, the Dalai Lama, and singer Peter Gabriel, to name a few.  

Even though the Charter for Compassion bills itself as a document to bind all of the religions of the world together around the concept of compassion, the charter seems far more interested in Islamic jurisprudence than true ecumenicalism.

For example, a section of the official website deals exclusively with Islamophobia and links to resources by the Council on American-Islamic Relations (CAIR).

CAIR has long been accused of promoting an Islamist ideology, and even U.S. Federal prosecutors have shown the group’s close ties to the Muslim Brotherhood and Hamas, a designated terrorist organization. CAIR itself has been designated as a terror group by the United Arab Emirates.

In its “Islamophobia Guidebook” section, Imam Abdul Malik Mujahid advises Charter supporters, in an article entitled “Fourteen Ways You Can Fight Islamophobia”, to “Remember the Prophet” who “remained steadfast, patient and tolerant in the face of Islamophobia.”

Flagging Future Killers Some useful steps to identify and deter dangerous individuals.

https://www.wsj.com/articles/flagging-future-killers-11565132691

The Dayton and El Paso shootings have spurred familiar calls for more gun control, and by all means let’s have a debate. But the focus should be on denying weapons to the potential killers rather than on gun laws that may be politically satisfying but won’t make much difference.

Start with the calls for more “background checks,” which implies none now exist. Yet nearly all gun purchasers today have their backgrounds checked on the spot via the National Instant Criminal Background Check System (NICS). Most mass shooters obtained their guns through licensed dealers after checks, or from family members. The Dayton and El Paso killers, and the Gilroy, Calif., shooter of late July obtained their firearms legally.

Democrats want to expand background checks to person-to-person sales, though policing that would be a challenge as most such sales could be done off the books. They also want to extend to 10 days from three the amount of time dealers must wait to get a response from the background check system before proceeding with a sale. Senators Pat Toomey (R., Pa.) and Joe Manchin (D., W.Va.) want background checks to cover unlicensed sales at gun shows and online, but exempt sales between friends and family.

Congress should have that debate, but no one should think they would reduce the number of mass shootings. Most mass shooters don’t have a criminal history that would pop up in the background system. There is also no evidence that longer waiting periods reduce suicides, homicides or mass shootings. Determined killers can always get a weapon.

Yes, the U.S. Has a Mental-Health Problem By John Hirschauer

https://www.nationalreview.com/2019/08/yes-the-u-s-has-a-mental-health-problem/

What Congress can do to fix our broken treatment system

The Dayton killer, according to his ex-girlfriend’s interview in the Washington Post, heard voices, suffered troubling hallucinations, and battled psychosis from his youth.

But there is no connection between violence and mental illness. Say it over and again if you must, at least until you disabuse your lying eyes. The experts have spoken. CNN distilled the media’s recitation of this creed in their headline Monday: “Blaming mass shootings on mental illness is ‘inaccurate’ and ‘stigmatizing,’ experts say.”

“Experts say,” as employed here, means what it usually does: a handful of ideologues get to pawn off their ideology as fact under the pretense of “expertise” to those in the media eager to toe a particular line. Whatever the “experts say,” the fact remains that the untreated, seriously mentally ill (those with schizophrenia and bipolar disorder, most often) are significantly more likely to engage in violence. Individuals with schizophrenia, most of whom are non-violent, still commit homicide at a rate 20 times that of the population at large. The prevailing social science on the matter suggests that at least 33 percent of mass shootings are committed by someone with a serious mental illness (even when this is narrowly defined).

What are we to do about it?

Congress might start by repealing the Johnson administration’s so-called “IMD (Institutions for Mental Disease) exclusion” in the Medicaid statutes, which prevents individuals over the age of 21 from using Medicaid funds at a facility with more than 16 psychiatric beds. The measure was included to forward the vision of Johnson’s late predecessor, John F. Kennedy, whose final legislative act was the signing of the Community Mental Health Act (CMHA) of 1963. CHMA usurped state control of mental-illness treatment and anointed the federal government architect of an entirely new method of care.

Another Evil and Deranged Bastard By Rich Lowry

https://www.nationalreview.com/corner/another-evil-and-deranged-bastard/

I have been away, so have just caught up on the reporting on the Dayton shooter from the last couple of days:

Connor Betts, the Dayton, Ohio mass shooter, was a self-described “leftist,” who wrote that he would happily vote for Democrat Elizabeth Warren, praised Satan, was upset about the 2016 presidential election results, and added, “I want socialism, and i’ll not wait for the idiots to finally come round to understanding.”

Betts’ Twitter profile read, “he/him / anime fan / metalhead / leftist / i’m going to hell and i’m not coming back.” One tweet on his page read, “Off to Midnight Mass. At least the songs are good. #athiestsonchristmas.” The page handle? I am the spookster. On one selfie, he included the hashtags, “#selfie4satan #HailSatan @SatanTweeting.” On the date of Republican Sen. John McCain’s death, he wrote, “F*ck John McCain.” He also liked tweets referencing the El Paso mass shooting in the hours before Dayton. The Twitter page contains multiple selfies of Betts.

It’s a banal point to make at at this point, but there obviously hasn’t been the same focus in the media on his politics and religion as there would be if he had been a right-wing Christian. Indeed, the press has been scrupulous about attributing a motive to him, taking an appropriate care it doesn’t show in other cases.

Politics aside, he was obviously deeply disturbed:

During his senior year of high school, Connor Betts seemed to always have caffeine pills in one hand and an energy drink in another. He was unable to sleep, he told his then-girlfriend Lyndsi Doll, because of dark, animal-like shadows that tormented him at night.

Seven years after they dated, Doll recalls Betts as a serious and reserved kid who wrestled with hallucinations and menacing voices in his head.