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April 2018

Unappointed ‘Judges’ Shouldn’t Be Trying Cases The SEC’s tribunals run afoul of the Constitution. The Supreme Court has a chance to remedy that. By David B. Rivkin Jr. and Andrew M. Grossman

President Trump promised to nominate judges in the mold of Antonin Scalia, and that thought was no doubt foremost in his mind when he chose Neil Gorsuch to fill Scalia’s vacant seat. On Monday Justice Gorsuch and his colleagues will consider whether the hiring of adjudicators deciding cases within federal agencies will also be subject to the kind of accountability that making an appointment entails.

So-called administrative law judges are not “principal officers,” so they are not subject to Senate confirmation under the Constitution’s Appointments Clause. The question in Lucia v. Securities and Exchange Commission is whether they are “inferior officers.” In that case, the clause requires them to be appointed by principal officers, such as commissioners acting collectively or a cabinet secretary, themselves appointed by the president. The alternative is that they are mere employees, who can be hired by lower-level managers with no presidential responsibility.

The dividing line, the Supreme Court has explained, is whether the position entails the exercise of “significant authority.” There shouldn’t be much doubt on which side of that line the SEC’s judges fall.

In this case, the commission’s Enforcement Division decided to bring fraud charges against investment adviser Raymond Lucia in its own administrative court instead of a judicial court. The SEC alleged that Mr. Lucia misled participants in his “Buckets of Money” seminars when he used slides showing hypothetical returns based in part, rather than in whole, on historical data (as the slides themselves disclosed). The SEC assigned the case to an administrative law judge, Cameron Elliot. According to the record, Mr. Elliot sided with the SEC’s Enforcement Division in every one of his first 50 cases.CONTINUE AT SITE

How to Stop Vladimir Putin’s Mafia The real enemy is a group of about 100 beneficiaries of the regime and several thousand accomplices. By Mikhail Khodorkovsky

After Donald Trump’s victory in 2016, I predicted that Russia’s stance toward the U.S. would become more antagonistic. Vladimir Putin always needs a foreign enemy to rally his nation around him and divert attention from the poor Russian economy. Mr. Putin’s aggression has indeed managed to raise tension between the U.S. and Russia. But instead of reinforcing Mr. Putin’s narrative by punishing Russia as a whole, the U.S. should target its response toward Mr. Putin and his inner circle.

Mr. Putin’s conflicts with the U.S. are clearly intended to improve his reputation among the Russian people. Through his policy and rhetoric, Mr. Putin has spread the notion that the U.S. is a cunning enemy trying to undermine Russia and is responsible for Russia’s every problem at home and abroad.

Kremlin propaganda makes clear that Russia’s fights in eastern Ukraine and in Syria are aimed specifically at opposing the U.S. Mr. Putin sees the rest of the West—with the exception of the United Kingdom—as nothing but feeble U.S. puppets. And even the U.K. is a weak but crafty opponent.

But to sustain his illusion of strength at home, Mr. Putin must be seen scoring victories over the entire U.S. alliance. This is why he has targeted the internal cohesion of Western nations. The Kremlin has funded fringe movements in France and Germany, provoked conflict in Catalonia, attempted to influence elections in the U.S., and brutally punished Russian defectors in the U.K. and Austria.

While the Kremlin sees its target in clear focus, the West has often failed to identify its enemy correctly. It is only in recent statements by British Prime Minister Theresa May and Foreign Secretary Boris Johnson, following the Kremlin’s poisoning of a Russian defector to the U.K., that a gradual awareness has begun to appear. The enemy is not Russia, a country of nearly 150 million people like you. It is not even the Russian government as a whole, which is composed of nearly three million civil servants, most of whom receive a modest salary and work for the benefit of society as best they can. CONTINUE AT SITE

MY SAY: ON ISRAEL

When I was a young girl and Israel was one year old, my family- parents and my “kid”brother and I traveled to Israel. I confess to callow boredom as my parents met friends and distant relatives from Poland. We tired of the retelling of unending grief and disbelief . The Holocaust was the significant event in our education and our lives. All our relatives- cousins, aunts, grandparents- were all killed – and we were schooled in the horror.

One hot morning on a drive to Beersheba, the car broke down and when we got out there was a whirring sound in the air. As we looked up we saw airplanes in formation….they looked small and tinny but they had the Star of David on the underside of both wings.

My father started to cheer and wave madly and my brother shouted “Jewish planes! Jewish planes!” and that was an epiphany for me. Imagine! Airplanes and an army in our ancient homeland to defend that precious link that started in Hebron with the Patriarchs . Other great civilizations crumbled and Jews survived in spite of unending oppression and genocide and there we were on sacred ground again. My love for Israel has been a lifelong commitment of pride in its accomplishments and outsize contribution to the welfare of the entire world.

As Bret Stevens put it so well on anti-Semitism in our century: “For Jews, it’s a painful, useful reminder that Israel is not their vanity. It’s their safeguard.”

The Love Affair with Syria’s Dictator by Majid Rafizadeh

Finally, a world leader, President Donald Trump, took a stance against the war criminal who rules Syria. Instead of supporting that action, however, many people have been attacking Trump for the clear message he sent Bashar Assad: He cannot use illegal weapons to target civilians and enjoy immunity.

Whoever appeases Assad and legitimizes his actions should be aware that they are complicit in crimes against humanity.

Many people claim to champion the pursuit of justice and the defense of human rights around the globe. If there is an opportunity for them to make promises, they will. But when a true need arises, when their voices and rallying could make a genuine difference, many of those promises prove false.

Recently, Syria’s dictator, President Bashar Al Assad, attacked his own people with banned chemical weapons — at least 50 times. The victims were mainly civilians. Innocent people — men, women and children — were suffocated by these attacks, but not before burning their eyes and drowning their lungs in fluid.

Finally, a world leader, US President Donald Trump, took a stance against this war criminal. Instead of supporting that action, however, many people have been attacking Trump for the clear message he sent Assad: He cannot use illegal weapons to target civilians and enjoy immunity.

Why would people take the side of a man who murders his own people? If we look at the history of the relationship between the Syrian regime and the public, it is clear that this is not the first time that many have leaned towards Assad.

Former US President Barack Obama set several “red lines” for the Syrian regime, but Assad freely crossed them without eliciting any response from either Obama. In international politics, when a world leader sets red lines and does not take action against those who cross them, he shows only weakness — immensely damaging to his country’s security on the global stage. A weak leadership empowers dictators and emboldens extremists. It indicates that there will be no consequences for illegal actions. It also gives Assad and his ally, the Islamic Republic of Iran, the green light to give chemical weapons to militias and terrorist groups that target the United States and its allies.

Belgium: First Islamic State in Europe? by Giulio Meotti

The leaders of Belgium’s ISLAM Party apparently want to turn Belgium into an Islamic State. They call it “Islamist democracy” and have set a target date: 2030.

“The program is confusingly simple: replace all the civil and penal codes with sharia law. Period”. — French magazine Causeur.

“The European capital [Brussels] will be Muslim in twenty years”. — Le Figaro.

The French acronym of Belgium’s ISLAM Party stands for “Integrity, Solidarity, Liberty, Authenticity, Morality”. The leaders of the ISLAM Party apparently want to turn Belgium into an Islamic State. They call it “Islamist democracy” and have set a target date: 2030.

According to the French magazine Causeur, “the program is confusingly simple: replace all the civil and penal codes with sharia law. Period”. Created on the eve of the 2012 municipal ballot, the ISLAM Party immediately received impressive results. Its numbers are alarming.

The effect of this new party, according to Michaël Privot, an expert on Islam, and Sebastien Boussois, a political scientist, could be the “implosion of the social body”. Some Belgian politicians, such as Richard Miller, are now advocating banning the ISLAM Party.

The French weekly magazine Le Point details the plans of the ISLAM Party: It would like to “prevent vice by banning gaming establishments (casinos, gaming halls and betting agencies) and the lottery”. Along with authorizing the wearing the Muslim headscarf at school and an agreement about the Islamic religious holidays, the party wants all schools in Belgium to offer halal meat on their school menus. Redouane Ahrouch, one of the party’s three founders, also proposed segregating men and women on public transport. Ahrouch belonged in the 1990s to the Belgian Islamic Center, a nest of Islamic fundamentalism where candidates for jihad in Afghanistan and Iraq were recruited.

Tim Blair Creative Climate Accounting

The UN’s emphasis on per capita emissions tells us next to nothing about planetary survivability but a great deal about the world body’s dishonesty. We’d be well rid of a corrosive organisation that is home to more criminals than Chicago in the 1920s. In per capita terms, of course.

What does two plus two equal? Ask almost anyone and they will quickly answer: four. Or perhaps not so quickly, if you’ve asked a recent arts graduate. But even they will get there, eventually, if born with an adequate finger supply.

Let’s suppose, however, that their answer is the same as four but is expressed in a pointlessly complicated way. “36,527 minus 36,523,” they might reply. Or “the composite number found between the two first-occurring prime numbers”. Or “the square root of sixteen”.

For good reason, you might wonder at the motivation behind this mathematical posturing. Maybe your respondent is seeking to embarrass or confuse you, in which case a beating should be arranged. “How many broken ribs do you have?” you may later ask of that composite-number fellow, as a mathematically-themed part of your payment calculations.

Then again, it could be that concealment is the aim.

Certain people—lawyers, for example, and anyone involved in drafting taxation legislation—delight in disguising simplicity beneath needless complexity. I was once directed to a “ground-based facility” at a concert venue; turns out this was a tent. And every journalist has endured police media conferences featuring lines like: “The vehicle was travelling in a northerly direction when it left the road surface …”

Those last two cases are relatively innocent and easily decoded. Not so the language used by our carbon-panic community, who resort to an extraordinary variety of tricks in order to sell their message of doom. They do this because they cannot otherwise escape one awkward and devastatingly simple fact.

Australia produces just 1.3 per cent of the planet’s alleged global warming gases.

This means that even if Australia were to be removed from the earth in its entirety—every factory, every road, every vehicle, every supermarket, every airport, every head of livestock, every coal mine, every speck of soil and every Australian—it would make no significant difference at all to the planet’s carbon-emissions wellbeing. “If reducing emissions really is necessary to save the planet, our effort, however Herculean, is barely better than futile,” Tony Abbott pointed out last year in his excellent London speech, “because Australia’s total annual emissions are exceeded by just the annual increase in China’s.”

‘Poontronage’: When Kamala Met Willie By Lloyd Billingsley

She is brilliant and she is dedicated and she is tough,” said the president of the United States in 2013. “She also happens to be, by far, the best looking attorney general in the country.”

That would be former California Attorney General Kamala Harris, daughter of Indian and Jamaican immigrants, and now the state’s junior U.S. senator. As it happens, Barack Obama was not the first prominent Democrat to be dazzled by the UC Berkeley beauty.

As speaker of the California State Assembly from 1980 to 1995, Willie Brown was by far the Golden State’s most powerful shot-caller. In 1994 Brown, 60, met Kamala Harris, a full 30 years his junior, and she became “the Speaker’s new steady,” Brown’s “girlfriend” and “frequent companion.” The two-year relationship worked out well for Harris.

Willie Brown appointed Harris to the state Unemployment Insurance Appeals Board, which paid $97,088 a year. She served six months and Brown then appointed her to the California Medical Assistance Commission, which met only once a month but paid Harris $72,000. Call it “poontronage,” a politician’s appointment of his steady girlfriend, frequent companion, and main squeeze to a lucrative government position requiring little work.

Brown also raised money for Harris in her run for San Francisco district attorney in 2003. She defeated her former boss Terence Hallinan but promised never to seek the death penalty. She kept that promise the next year when gang member David Hill used an AK-47 to gun down San Francisco police officer Isaac Espinoza. Even Dianne Feinstein took Harris to task, as she alienated police across the state.

In her 2009 Smart on Crime: A Career Prosecutor’s Plan to Make us Safer, written with ghostwriter Joan O’C. Hamilton, Harris found the number of nonviolent offenders “truly staggering” and put them at the top of her “crime pyramid.” The next year, Harris ran for state attorney general and the Sacramento Bee endorsed her Republican rival Steve Cooley. Harris won by less than one percentage point, but as the Bee saw it, “she could be more aggressive on public corruption cases, though her handlers might worry that would cause friction with fellow Democratic politicians.”

The new span of the San Francisco-Oakland Bay Bridge—10 years late, $5 billion over budget and riddled with safety issues—had whistleblowers calling for a criminal investigation. Duly apprised of the fathomless corruption, Harris failed to launch any criminal probe. With voter fraud and violent crime she simply looked the other way.

Meowing Media Fuel Mass Delusion of Russian Collusion By Steven J. Allen

Every mass delusion has a beginning.

One day in the Middle Ages, a French nun began meowing. Other nuns soon joined in. Soon, all the nuns in the convent were meowing together several hours a day. They stopped after neighbors complained, and some soldiers threatened to beat up the nuns.

Like the chorus of meowing nuns, the Russia Truther movement began at a particular time and place: a press conference that Donald Trump conducted on July 27, 2016, in Doral, Florida.

Some background:

In March 2015, former Secretary of State Hillary Clinton admitted that, while in office, she diverted some 66,000 emails to a server in the basement of her house. As the Associated Press would determine, the server was “vulnerable to hackers” and the setup was “the subject of U.S. government and industry warnings at the time over attacks from even low-skilled intruders.”

After the diversion was discovered, Clinton returned roughly half of the stolen emails. The other half, she claimed, related to private matters and were deleted. Some, it turned out, were destroyed while under subpoena.

Despite the deletions, there was a chance that the stolen emails might be found because Russia and other adversaries probably had their own copies.

In 2015, Mike Flynn, former head of the Defense Intelligence Agency (who would be a Trump adviser), said the odds were “very high—likely,” that Russia and other countries had broken into the system. Mike Morrell, former acting director and deputy director of the CIA, said, “I think that foreign intelligence services, the good ones, have everything on any unclassified network that the government uses.”

Liberalism as Faith By Andrew Stuttaford

The British philosopher John Gray is not someone to shy away from ‘difficult’ topics. If you are looking for a provocative long read this weekend, his new article in the Times Literary Supplement ought to be a contender. I didn’t agree with all of it (for example, I would argue that the supposedly secular totalitarianisms of the twentieth century—essentially millenarian sects, as Gray rightly observes—were even more ‘religious’ than even he would claim), not that that matters.

Above all, Gray’s take on where the arguments of John Stuart Mill, one of the saints of traditional liberalism, have led is, to say the least, intriguing.

An extract:

[Mill’s] assertion that human beings would prefer intellectual freedom over contented conformity was at odds with his empiricist philosophy. Essentially unfalsifiable, it was a matter of faith.

While he never faced up to the contradictions in his thinking, Mill was fully aware that he was fashioning a new religion. Much influenced by Auguste Comte, he was an exponent of what he and the French Positivist philosopher described as “the Religion of Humanity”. Instead of worshipping a transcendent divinity, Comte instructed followers of the new religion to venerate the human species as “the new Supreme Being”. Replacing the rituals of Christianity, they would perform daily ceremonies based in science, touching their skulls at the point that phrenology had identified as the location of altruism (a word Comte invented). In an essay written not long before the appearance of On Liberty but published posthumously (he died in 1873), Mill described this creed as “a better religion than any of those that are ordinarily called by that title”.

That may or may not be true, but at least Mill recognized its essentially religious nature, not that that took much doing.

Kamala Harris: The Most Dangerous Democrat in America By Michael Walsh

Imagine a combination of Hillary Clinton and Barack Obama, and you’ve got Kamala Harris, the current seat-warming senator from California who, like Obama, is using the World’s Greatest Deliberative Body as a resume-puncher before swiftly moving on to bigger things: the 2020 Democrat presidential nomination. Even as a nobody senator, she’s been the subject of dozens, perhaps scores of speculative stories about her future, so now — lest they build her up too quickly — Politico and other Democrat cheerleaders are cautioning her to get her ducks in order before heading out on the hustings:

Kamala Harris has been called “the female Barack Obama.” She’s built a national following with her outspoken criticism of Donald Trump and prolific fundraising for fellow Democrats. But the California senator’s rapid rise — she’s just 15 months into her first term — has created an awkward issue: Even as progressives tout her as one of the top 2020 contenders, Harris remains something of a mystery back home.

Her approval ratings are solid, but not stratospheric. And 28 percent of California voters say they don’t know or have no opinion about Harris, according to a recent Morning Consult poll — placing her in the bottom 10 of name recognition among U.S. senators in their home states. A Berkeley IGS Poll in September found California voters — by a more than 2-to-1 margin, 49 percent to 22 percent — would rather Harris stay in the Senate than run for president in 2020.