The ABA Jumps the Shark Why did the group ask where a judicial nominee’s children went to school?By William McGurn

Looks as if the American Bar Association picked the wrong judicial nominee to play politics with. If Republicans on the Senate Judiciary Committee are smart, they will use the ABA’s appearance at a hearing Wednesday to call the group out.

The object of the ABA’s attention is Leonard Steven Grasz, a former Nebraska chief deputy attorney general who’s been nominated for the a seat on the Eighth U.S. Circuit Court of Appeals. The ABA has slapped Mr. Grasz with a “not qualified” rating, saying he’s too biased and too rude to be a judge. Given that much of this rating is based on accusations that are not detailed and from accusers who remain anonymous, it reveals more about the organization that issued it than it does about Mr. Grasz.

“The ABA is running a smear campaign based on the idea that Steve is a kale-hating, puppy-kicking monster,” says a fellow Nebraskan, Republican Sen. Ben Sasse. “But no one in Nebraska on either side of the aisle recognizes that man.”

The ABA says its ratings are based on neutral and professional criteria, much the way a medical board might evaluate a doctor. Since President Eisenhower “first invited the ABA into the process,” the group says, it’s been standard practice for presidents to submit their judicial candidates to the ABA for vetting before announcing a nomination.

Well, yes and no. In just one indication of how politicized the ABA ratings have become, Democrats and Republicans long ago diverged on the ABA’s role in the nominations process. In 2001, George W. Bush halted the practice of giving the ABA first crack at vetting potential nominees; in 2009 Barack Obama revived it; and this year President Trump halted it again.

Climate Song and Dance Two years after Paris, the UN enviro-crats continue their charade. Oren Cass

Good news is hard to find at this year’s United Nations climate conference in Bonn, Germany. Diplomats from nearly 200 countries have gathered to review progress made on the “historic” Paris climate accords, signed two years ago. But as the champagne-fueled self-congratulation of Paris recedes into memory, the agreement’s underlying fraud is becoming obvious.

In theory, international discussions, negotiations, and agreements on climate change aim to reduce global greenhouse-gas emissions and thus lessen the expected warming of the climate. In fact, the Paris accord does not even attempt to achieve this goal, except nominally. Instead, countries can pledge as much or as little climate action as they see fit, and no enforcement mechanism ensures that they deliver on their commitments. A country unhappy with its pledge can simply change it.

Operating in this framework, countries have pledged very little. Back in 2000, before all the clean-energy investments and cap-and-trade programs and carbon taxes and landmark international deals, the UN’s projection for emissions this century pointed toward a planetary warming of 3.4°C by 2100. On the eve of the Bonn summit, the UN acknowledged that, with all pledges, projected warming by 2100 still comes out to 3.2°C—and even that miniscule reduction in warming assumes compliance, which is in short supply. None of the major powers are on track to meet their pledges, and developing countries are failing to even get started. Angela Merkel, “climate chancellor” and host of this year’s conference, has been an outspoken critic of President Trump’s withdrawal from the Paris accord, but her own nation’s emissions are rising. Germany’s environmental ministry believes that the country will miss its targets badly and warns of “a disaster for Germany’s international reputation as a climate leader.”

None of this should be surprising, given what the Paris agreement actually contains, as opposed to how it was advertised. “This agreement is ambitious, with every nation setting and committing to their own specific targets,” President Obama said in 2015. That was then. Now, the New York Times explains, “many of the Paris pledges remain fairly opaque, and most nations have been vague on what specific policies they will take to meet them. There is no official mechanism for quantifying progress.”

In 2015, leaders signing the agreement felt confident that the momentum and good feeling of Paris would surmount the gaps between rhetoric and reality. The agreement, Obama said, “sends a powerful signal that the world is firmly committed to a low-carbon future,” which would help “unleash investment and innovation in clean energy at a scale we have never seen before.” But investors could read the agreement, too. Global clean-energy investment fell by 18 percent in 2016, the worst performance on record; in developing countries, the decline was 27 percent. And First World investment in Third World countries, considered critical to global progress, fell 26 percent.

OPEN THE BOOKS A LECTURE IN HARVARD

America needs a “Transparency Revolution!” Recently, we made the case at HARVARD LAW SCHOOL… please watch our presentation here.

“Sunlight is said to be the best of disinfectants; electric light the most efficient policeman,” wrote Louis Brandeis in 1914.

Today, the Freedom of Information Act and internet make it possible to post online all spending at the federal, state, and local levels. This kind of radical transparency can transform U.S. public policy.

Since 2011, American Transparency, a nonprofit, has built and operated OpenTheBooks.com, the largest private repository of U.S. public-sector spending. The ultimate goal: post “every dime, online, in real time.”

To date, OpenTheBooks has captured 4 billion government-spending records, including nearly all disclosed federal government spending since 2001; 47 of 50 state checkbooks; and 15 million public employee salary and pension records across America.

In 2016, OpenTheBooks.com exposed the $20 million luxury-art procurement program at the Department of Veterans Affairs, which forced a public apology from the V.A. Secretary and the adoption of new rules to stop the abuse.

In 2017, OpenTheBooks launched the following oversight reports:

Sanctuary Cities – $27 billion in federal payments flowed into America’s 106 ‘Sanctuary Cities’ during fiscal year 2016. Covered by NBC News, CNN, and FOX News.
Ivy League, Inc – $42 billion in government subsidies, special tax treatment, and payments were captured by the eight Ivy League colleges during a six year period. Covered by The Wall Street Journal, FOX News and C-SPAN.
National Endowment of the Arts and Humanities – $8 of every $10 in federal arts and humanities grants flows to asset rich ‘nonprofit’ organizations. They should pay back the taxpayer. Covered by The Wall Street Journal and C-SPAN.
‘Gender Hiring Gap’ – in the top-paid positions of federal government, congress and the five largest states, it’s still a man’s world. Politicians decrying the private sector for a ‘war on women’ are hypocrites. Covered by COX News – Washington Bureau, Real Clear Politics, and the New York Post.

OpenTheBooks.com’s discovery of many other government corruption scandals has led to congressional hearings, subpoenas, accountability audits, and corrective legislation.

Many thanks to Harvard Law School’s GOP Club and Casey O’Grady for hosting our event on campus!

How the Quakers Became Champions of BDS A century-old religiously based pacifist organization transformed itself into one of the leading engines for the Palestinian cause By Asaf Romirowsky and Alexander Joffee

In a not-so-earth-shattering move, the American Friends Service Committee (AFSC) has appointed a Palestinian-American, Joyce Ajlouny, as its new Secretary General. Ajlouny is a native of Ramallah and formerly the head of the Quaker school there, a “passionate” advocate for Palestinians and for “evenhandedness.”

Ajlouny may be the perfect candidate to run the AFSC, the leading American Quaker organization, which over the years has cultivated its image as peaceful and supremely benign. Few suspect, much less know, that one of their central missions these days is promoting the BDS movement that opposes Israel’s existence.

How did a century-old religiously based pacifist organization transform itself into one of the leading engines for the Palestinian cause? Part of the answer lies in the AFSC’s evolution, which has gone from trying to save Jews to vilifying them. Its Quaker theology has similarly gone from emphasis on the “Inner Light” that guides individual conscience to something like old-fashioned Christian supersessionism, where Jews deserve to be hated. The result is that the organization is now effectively captive to progressive Israel-hatred.

Founded during World War I to provide alternative forms of “service” to pacifist Quakers, the AFSC quickly became one of the foremost refugee relief organizations of the early 20th century, with operations around the world. A favorite of Eleanor Roosevelt’s, the AFSC was also active within the US during the Depression, teaching skills across Appalachia and the South.

With the rise of Nazism, AFSC became involved with what would be the greatest refugee crisis in history. But the experience also demonstrated the organization’s approach to religious diplomacy and relief efforts, where naïve idealism alternated with practicality. Shortly after Kristallnacht in November 1938, AFSC leaders traveled to Germany to personally investigate the suffering of the Jews and pled their case with Reichsführer-SS Reinhard Heydrich to bring relief aid. They were unsuccessful.

But the AFSC’s post-war record in refugee relief was so exceptional that along with a British Quaker group, it was awarded the Nobel Peace Prize in 1947. By the late 1940s, the AFSC had a distinctive place in American and international society, a well-established Christian NGO with global reach. But it was also a universalist organization that went against the grain to unpopular causes. Its humanitarian ethic and pacifist ideology were radical both in the American and Protestant contexts. These tensions would ultimately undo the AFSC.

The shift began when the AFSC was invited by the United Nations to run Palestinian refugee relief in Gaza in late 1948. Quakers had been in the Holy Land for over a century, running schools and hospitals for local Christians. But the refugee program was a turning point. Relief workers had never encountered refugees who did not want to be taught new skills or to be resettled elsewhere, only to be maintained at someone else’s expense until Israel disappeared.

So traumatic was this for the AFSC that after 18 months it refused to be part of any future Palestinian refugee program, citing among other things the “moral degeneration” of the refugees brought on by becoming welfare recipients. This view was prescient—almost seventy years later, the Palestinians remain the world’s largest recipients of international welfare through UNRWA and the UN system.

Moderation in the Realm of Politics Sydney Williams

When considering moderation in politics, we must differentiate between outcomes and process – ideologies versus behavior. The French political philosopher Montesquieu claimed humans naturally migrate toward the center – that policies are best that accommodate the greatest number. On the other hand, Adam Smith, in his The Theory of Moral Sentiments, suggested it is moderation in social interactions, regardless of political opinions, which allow people to relate to and understand one another.

Most Americans believe in a mixture of government and personal independence – an equilibrium allowing the country to prosper, while preserving the obligations society demands. Politics is the search for that balance, but it is a Sisyphean struggle that never satisfies everyone. Polarization is today’s political nemesis. Mainstream media argues that extremism, especially from the right, has made people yearn for moderation. As well, blame is laid on social media that gives expression to myriad views and inspires populist politicians to take advantage of the resulting (seemingly) broken system. Blame is also attributed to media outlets like C-SPAN, venues for posturing politicians playing to their ideological bases.

Those desirous for moderation in politics often hark back to the 1950s, a period seen as relatively quiet – a time of normalcy, to borrow a word from the 1920s. But that era of uniformity, in the long history of our country, was atypical. The number of newspapers had declined, and was still falling. Talk radio did not exist. Television was in its infancy, with only three network television stations, each with fifteen-minute or half-hour news segments. There was little difference between John Chancellor of NBC, Walter Cronkite of CBS and John Daly of ABC. There were no forums for alternative views. We were trapped in a monolith, with little option but to conform. But that is not as it always was. Pamphleteers and writers of broadsheets, in the early years of our republic, provided thousands of people the opportunity to vent individual opinions, much like bloggers today.

The Saudi Dilemma By Herbert London President, London Center for Policy Research

Recent events in the Middle East confirm the observation that very little in the Middle East is easily understood. A day after Saudi Arabia’s Crown Prince Mohammed bin Salman launched a palace purge by arresting several of his fellow royals, a high ranking prince mysteriously died in a helicopter crash. State media did not reveal the cause of the crash, albeit any suggestion of motive would be entirely speculative.

There are conditions that have been established. Dozens of princes, ministers and a billionaire tycoon were arrested as Bin Salman, age 32, attempts to consolidate his power. It would appear as if the Crown Prince wants to eliminate any trace of dissent prior to the formal transfer of power from his 81 year old father who is suffering from a terminal illness.

One of those detained by authorities is Prince Alwaleed bin Talal, an investor who owns a major stake in Twitter, Citigroup and News America. He has also contributed to Middle East Studies programs from Columbia to Yale and points in between. His arrest suggests no one is beyond the reach of the Crown Prince.

Over the last two years Bin Salman has taken over most of the key economic and security posts and is unquestionably the most important figure in government. The Crown Prince is also deputy prime minister (the king is prime minister) and minister of defense. Clearly this seizure of power has given rise to the resistance inside and outside the royal family. In the Saudi system, power has been passed among the sons of the founder of the modern Saudi Kingdom, Idn Saud. Crown Prince Mohammed is putting an end to all of that as political power is migrating to his branch of the family, including all military authority.

Murder on the Orient Express – A Review By Marilyn Penn

How unfortunate that this very dated material and static production should take place on a fast-moving train. Other questions arise: since this is a film that could only be targeted at a senior demographic, why open it at multiplexes which are geared to younger audiences? This talky period piece is not well served with its updated cast, most of whom have little to do. Dame Judy Dench might as well have been a referential portrait rather than a live actress and Willem Dafoe doesn’t get a chance to do much of anything but display the wide spaces between his teeth in some unflattering close-ups. Kenneth Branagh is eclipsed by a mustache as thick as a dog’s tail and Michelle Pfeiffer, a very glamorous middle-aged woman, seems too whiny and contemporary for this mise-en-scene.

Compared with the many new iterations of Sherlock Holmes that have been so successful on television for the past two decades, Hercule Poirot fails in the cleverness quotient. Compared with so many series of contemporary detectives, he’s a stuffy bore. And most sadly, the saga of the Lindbergh baby pales with the murder of the Kansas Clutters, the rampages of the Manson cult or any of the Hannibal Lecter films. The ante has been upped so drastically in this genre that a cerebral writer like Agatha Christie can’t compete with flashier material on our wide and scenic screens. As I watched the final explications of this who-dunnit and why, I wished I could hand out an immediate quiz to the audience and see how many could regurgitate the denouement correctly My bet is that very few would get a passing grade but more significantly, nobody would leave the movie theater caring.

Bray New World by Mark Steyn

Professor Mark Bray is what passes for the intellectual wing of Antifa. You might recall that I mentioned him here:

Antifa, says Mark Bray, “have no allegiance to liberal democracy, which they believe has failed the marginalized communities they’re defending.” Professor Bray is a lecturer in history at GRID, the Gender Research Institute at Dartmouth, which is the usual social engineering flimflam masquerading as a field of scholarship, but it’s Ivy League so it’ll cost you an arm and a leg (metaphorically, I mean; not literally, like, say, attending a Charles Murray speech at Middlebury). Dartmouth College is in the town of Hanover (median family income $129,000), in the state of New Hampshire (93.9 per cent white, 1.1 per cent black). So, when it comes to “marginalizing” communities, Professor Bray knows whereof he speaks. It’s so much more rewarding, don’t you find, to defend marginalized communities from a safe distance: They look a lot more marginalized when they’re on the far horizon, somewhere south of the Massachusetts line.

But then, viewed from the Gender Research Institute in leafy, pampering Hanover, everything’s on the far horizon. I see The College Fix calls Professor Bray “a foppish son of privilege”. I’m not myself foppaphobic: My old school song contained the stern injunction, “Here’s no place for fop or idler”, notwithstanding that, on a casual glance of the room, large numbers of both had managed to slip in. But the Fix’s epithet does accurately convey the sense of no-nothing trustie-fundies winging it. Yet the Bray of Privilege is ringing throughout academe. In The Chronicle of Higher Education Nell Gluckman offers a glowing paean to the man she dubs “The Button-Down Anarchist”:

Bluestockings [‘a cooperatively owned bookstore in lower Manhattan’] was Mr. Bray’s first appearance on a 35-stop tour to promote Antifa: The Anti-Fascist Handbook (Melville House), a book he’d never planned to write. He had researched turn-of-the-century Spanish radicalism as a doctoral student at Rutgers University at New Brunswick, and seemed well on his way to a life of teaching undergraduates and writing about modern European history. Then Donald Trump won the presidency, white nationalists rejoiced, and 20th-century European fascism was suddenly on everyone’s mind.

Bluestockings, eh? In my day, bluestockings used to know things. That’s what made them a turn-on. Now that last sentence is how a supposedly sophisticated “chronicle” of “higher” “education” summarizes a national election. Obviously, 20th-century European fascism wasn’t “on everyone’s mind”; for a start, it wasn’t on the minds of the half of the country that voted for Trump, who had, like them or not, reasons of their own. But never mind that – that’s just the groupthink of the American academy. What’s even more of an eye-roller for us free-speech types was the essay’s conclusion:

Mr. Scott has paid attention to the rising interest in antifa, and he has watched his friend [Professor Bray] on TV. He finds himself relying on Mr. Bray once again.

In fact, there’s a point Mr. Bray made in an interview that Mr. Scott often finds himself citing. “We don’t look back at the Weimar Republic today and celebrate them for allowing Nazis to have their free-speech rights,” he says. “We look back and say, Why didn’t they do something?”

It is a testament to the wholesale moronization of our culture that there are gazillions of apparently sane people willing to take out six figures of debt they’ll be paying off for decades for the privilege of being “taught” by the likes of Professor Bray. The reason “we don’t look back at the Weimar Republic today and celebrate them for allowing Nazis to have their free-speech rights” is because they didn’t. A decade ago, as my battles with Canada’s “human rights” commissions were beginning, I lost count of the number of bien-pensants insisting that, while in theory we could permit hatemongers like Steyn to exercise their free-speech rights, next thing you know it would be jackboots on the 401. As I said way back when:

“Hateful words” can lead to “unspeakable crimes.” The problem with this line is that it’s ahistorical twaddle, as I’ve pointed out. Yet still it comes up. It did last month, during my testimony to the House of Commons justice committee, when an opposition MP mused on whether it wouldn’t have been better to prohibit the publication of Mein Kampf.

“That analysis sounds as if it ought to be right,” I replied. “But the problem with it is that the Weimar Republic—Germany for the 12 years before the Nazi party came to power—had its own version of Section 13 and equivalent laws. It was very much a kind of proto-Canada in its hate speech laws. The Nazi party had 200 prosecutions brought against it for anti-Semitic speech. At one point the state of Bavaria issued an order banning Hitler from giving public speeches.”

Should Faculty Choose Who Speaks on Campus? The new guardians of the Maoist gate. Richard L. Cravatts

As universities continue to be roiled by a debate over which speakers, and which viewpoints, can and should be heard on campuses, some concerned administrators, faculty, and students have sought ways to mitigate the increasing number of events during which heckling, intimidation, and even physical violence were used to foreclose unpopular speech.

Those who have led these protest against conservative viewpoints—progressive students, Muslim students, leftist professors, Antifa, Black Lives Matter, and others—have displayed a shocking disregard for the university’s cardinal virtue of free expression, deciding themselves who may say what about whom on their respective campuses, and purging from campuses those ideas they have deemed too hateful, too unsafe, too incendiary to tolerate or to allow to be heard.

When Antifa thugs and other illiberal Berkeley students marauded through campus to shut down a scheduled speech last February by conservative provocateur Milo Yiannopoulos, for instance, the apparent lesson learned by many who assessed the unfortunate events was not that the protestors’ unwillingness to let opposing views to be heard represented a grave threat to unfettered speech and expression; instead, the takeaway seemed to be that the disruptions and rioting were the fault of the conservative students groups who invited the controversial speakers in the first place, and that those shutting down so-called “hate speech,” any view inconsistent with liberal thought, were doing so defensively to prevent toxic, hurtful, or intellectually dangerous ideas from harming the sensibilities of the many coddled special interest groups on campus.

Guest speakers, of course, are invited to campus by student groups, but in the wake of a succession of controversial appearances by conservative speakers faculty also began to suggest different ways to avoid clashes of ideology, the most obvious one—in their minds, at least—being to more carefully vet individuals in advance and counsel student groups about potentially problematic speakers, based on their prior writing, speaking, and notoriety. This process sounds innocuous enough but is actually quite pernicious when the ultimate intent is to screen the views and ideologies of prospective speakers as a way of preventing them from ever coming to campus at all—in short, violating content neutrality when assessing permitted speech and proscribing certain views in advance.

One recent instance where a professor expressed his view that faculty should be actively involved in the selection of speakers was an October op-ed in The Chronicle of Higher Education in which Mark Edmundson, a professor at the University of Virginia, suggested that faculty members, not students, should “decide who gets to speak on campus.” “Free Speech Week was sponsored by a student group,” he wrote, referring to a four-day Berkeley event to host conservative speakers, “and yet it seems to me an open question whether students should be allowed to issue such invitations.”

Ignorance and Caricatures Mar Our Understanding of Russian Foreign Policy And why it’s harming our national interests. Bruce Thornton

All it took to transform Vladimir Putin from a candidate for a foreign policy “reset” into a global villain was a change in presidents.

In 2012 Barack Obama mocked Mitt Romney for his 1980s view that Russia under Putin was our most serious global rival. Obama earlier had sent his Secretary of State to offer a cartoonish “reset button” to the Russians, and followed up a few years later by offering Putin “flexibility” after his reelection. After Hillary’s defeat and Trump’s campaign suggestions of outreach to Russia, Putin suddenly became a villain straight out of Joe McCarthy’s central casting, the Svengali who seduced Republicans into “collusion” with “fake news” and “hacks” in order to put into power a president beholden to him. At least Senator John McCain has been consistent, holding fast to his reductive view of Putin as a dead-eyed KGB thug with whom it is impossible to do geopolitical business.

Once again, our foreign policy lacks continuity and coherence because we ignore history and rely instead on gratifying caricatures that serve partisan interests or moral preening rather than our country’s security and interests.

As a result of this bad habit, we find it impossible to look beyond the media cartoons, received wisdom, and partisan trimming, and instead learn the full context of a nation’s motives and beliefs. We need to understand all the springs of a geopolitical rival’s actions, not to forgive or rationalize them, but to follow Sun Tzu’s advice to know your enemy so you can properly counter his designs. It may make us feel better and more righteous to reduce Putin to an autocratic illiberal “gangster” or “murderer” or “kleptocrat,” but that won’t help us manage our relations with a nuclear-armed geopolitical rival seeking to expand its reach and influence.

One important dimension of Russian culture that we slight is religious faith. We in the West have been undergoing secularization for two centuries, and now have reached the point where religion is either an archaic superstition impeding human progress, or a quaint life-style choice with holiday traditions, tolerated as long they stay out of the public square. But Orthodox Christianity has retained a place in Russia that Christianity has lost in the West. And faith remains one of the foundations of Russian national sovereignty and patriotic pride to an extent that our elites, committed to a transnational globalism and secular technocracy, find retrograde. Despite the historical truth that our own political order recognized faith as its foundation, today we find taking religion seriously to be naïve or sinister, a sign of nefarious plots to restrict personal freedom by evoking religious authority. Hence the “evangelical fundamentalist” bogey that for nearly half a century progressives have brandished in order to delegitimize conservatives and their “bitter clinging” to patriotism and religion.

Nationalism and Orthodox Christianity, in contrast, long ago melded in Russian history, and was strong enough to survive the seven decades of atheist communism. Thus ignoring the role of history and religion in Russian foreign policy compromises our understanding of events. Take Putin’s annexation of Crimea a few years ago. In the standard Western narrative, Putin subverted a democratically elected government in Ukraine to protect its puppet oligarchy useful to the Russian plutocrats and their selfish interests. But from Russia’s point of view, it was the West that interfered in Ukraine’s politics and subverted democracy in order to advance a larger design: Basing NATO forces deeper into Russia’s sphere of influence, including Crimea, the historical home of an important Russian naval base.

These two views are not mutually exclusive. As Christopher Caldwell writes, “Both of these accounts are perfectly correct. It is just that one word [democracy] can mean something different to Americans than it does to Russians.” This is not to endorse postmodern radical relativism, the view that, as Hamlet says, “There is nothing either good or bad, but thinking makes it so.” The point is we are handicapping ourselves if we don’t understand that other point of view and take it into account in our calculations. If we had done so in the 1990s, we might not have been so hasty in enlarging NATO to include countries in Russia’s historical sphere of interest, both humiliating Russian national pride, and committing ourselves to protecting those countries against their only possible aggressor, Russia.