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September 2018

U.S. Consumer Confidence Hits 18-Year High Strong economy and robust job growth bolstered consumers’ sentimentBy Harriet Torry

https://www.wsj.com/articles/u-s-consumer-confidence-rose-in-september-1537885594?cx_testId=16&cx_testVariant=cx&cx_artPos=0&cx_tag=pop&cx_navSource=newsReel#cxrecs_s

Consumer confidence hit an 18-year high in September, a positive indicator for spending going into the holiday shopping season, as robust job growth and a strong economic outlook bolstered Americans’ expectations for the future.

The Conference Board, a private research group, said Tuesday its index of consumer confidence rose to 138.4, up from 134.7 in August—the highest level since September 2000, which represented the late stages of the 1990s technology boom. An index reading of 100 represents how households saw the economy in 1985.

The report came on the heels of a separate University of Michigan survey that said sentiment jumped in early September to the second-highest level since 2004—behind only the reading in March of this year.

Economists have voiced concerns about trade and tariffs as risks to economic growth over the next 12 months. For consumers, however, the issue isn’t registering.

“We are kind of in a little bit of a Goldilocks moment in the economy. I think things are really strong for the consumer,” said David Jaffe, chief executive of Ascena Retail Group Inc., during an earnings call this week. The company, one of the largest women’s clothing retailers with brands like Dressbarn and Ann Taylor, reported its first positive quarter of overall comparable-stores sales growth in more than three years Monday.

“The tariffs, while it’s not going to impact apparel very much, haven’t really hit yet. We’ve seen unemployment go down. What we’re seeing, I think, is maybe a little bit of a rebound due to a lack of shopping for apparel over the last couple of years,” Mr. Jaffe said.

Europe’s Bad Iran Bet Like the mullahs, the Euros think they can outlast Donald Trump.

https://www.wsj.com/articles/europes-bad-iran-bet-1537916797

President Trump will lead a United Nations Security Council session Wednesday on weapons of mass destruction and Iran, and European leaders are signaling that they’re more than willing to disagree with the U.S. Meanwhile, Europeans are looking for ways to duck U.S. financial sanctions—without much success.

On Monday European Commission foreign-affairs chief Federica Mogherini unveiled a new “special-purpose vehicle” to facilitate trade with Iran after U.S. sanctions go back into effect in November. Restoring Iran’s access to the global financial system and trade was a central plank of the 2015 nuclear pact. Ms. Mogherini and the three European co-signers of the deal—Germany, France and Britain—have been scrambling to keep those commercial benefits and they view trade as the main carrot for Tehran to comply.

Recent months have shown what a diplomatic mistake this has been. European companies have withdrawn from Iran to avoid U.S. sanctions, despite the European Union’s so-called blocking statute barring compliance with this U.S. pressure. Access to the U.S. market and financial system are too important no matter how noisily European diplomats complain about the Trump Administration.

Brussels also hasn’t found a financial workaround for Iranian trade. Vague proposals to establish direct links between Iran’s central bank and its European counterparts to move euros have faltered in part because European central banks and finance ministries worry about Iran’s money laundering.

Sen. Feinstein, Clean Up Your Mess Thursday’s hearing should be canceled in favor of an agreed quick hunt for truth. By Holman W. Jenkins, Jr.

https://www.wsj.com/articles/sen-feinstein-clean-up-your-mess-1537915772?cx_testId=16&cx_testVariant=cx&cx_artPos=0&cx_tag=pop&cx_navSource=newsReel#cxrecs_s

Republicans and others who live in California and are appalled by the Senate’s Brett Kavanaugh spectacle at least can do something about it. In November, they can hold their noses and pull the lever for Dianne Feinstein’s ultraliberal challenger and thereby send the state’s four-term Senate doyenne down to landslide defeat.

Mrs. Feinstein’s ending an otherwise a long and creditable career in humiliation and ignominy would be justice not only because of her culpable role in the Kavanaugh travesty. It would be poetic for her to finish under a real and recent cloud given actions that have cast a cloud over Judge Kavanaugh because of unprovable, last-minute claims about how he may have behaved in his teens.

Mrs. Feinstein could learn something from the New York Times in its own debunking of the latest ill-sourced Kavanaugh allegation, in which the paper says it contacted dozens of potential witnesses and found none who would verify a complaint floated Sunday in backhanded fashion by the New Yorker magazine.

Lesson: You don’t need the FBI. Private investigators are available. Opposition researchers can be hired—just not the Fusion GPS kind, who specialize in producing anonymous, unsubstantiated slurs rather than checking them out.

New York Times Hid Multiple Key Facts In Kavanaugh Yearbook Hit A New York Times article scrutinizing inside jokes in the 1983 yearbook of Supreme Court nominee Brett Kavanaugh’s Georgetown Preparatory School hid multiple problems with its claims.By Mollie Hemingway

http://thefederalist.com/2018/09/25/new-york-times-hid-multiple-key-facts-in-kavanaugh-yearbook-hit/

A New York Times article scrutinizing inside jokes in the 1983 yearbook of Supreme Court nominee Brett Kavanaugh’s Georgetown Preparatory School hid multiple problems with its claims, including that it was sourced to a rabidly anti-Trump politician in Maryland and his associate.

The article reveals inside jokes about a friend of Kavanaugh and his classmates named Renate Schroeder Dolphin. The classmates are featured in a picture with a caption “Renate Alumnius,” which the Times’ named and anonymous sources argue is bragging about sex. The classmates strenuously insist that the reference was nothing of the kind and that none of the men had sexual relations with the friend. They say that they attended each other’s dances and prep school functions and maintained the friendship throughout the next several decades.

The original article published online on Monday night was quickly scrubbed of a reference to a “Mr. Madaleno.” The Times uses full names on first references to sources and titles on second references, though it was the first time his name was mentioned in the article. The claim of sexual braggadocio is sourced earlier in the article to one named and one anonymous individual who claims to fear retribution. NewsDiffs, a site that tracks changes to articles at the New York Times, caught the rapid deletion of his name. Reporters Kate Kelly and David Enrich did not explain why it was removed.

Anti-Kavanaugh Mob Chases Sen. Ted Cruz And Wife From Restaurant By Joy Pullmann

http://thefederalist.com/2018/09/25/anti-kavanaugh-mob-chases-sen-ted-cruz-wife-restaurant/

A mob of people calling themselves democratic socialists, LGBT activists, anarchists, anti-fascists, and anti-racists descended upon Sen. Ted Cruz and his wife while they were out to dinner last night. They chanted “We believe survivors,” surrounded the Cruzes, blocked their exit, and screamed in their faces, show videos of the altercation. Cruz can be heard saying “Let my wife through.”

The hecklers also shouted “[Cruz’s Senate opponent] Beto is way hotter than you, dude.” After the Cruzes exited through an side door, protesters can be heard shouting “Ted Cruz and Brett Kavanaugh are best friends!” and “Cancel Kavanaugh for women’s rights!”

“This is a message to Ted Cruz, Bret Kavanaugh, Donald Trump, and the rest of the racist, sexist, transphobic, and homophobic right-wing scum,” wrote Smash Racism DC in a statement taking responsibility for the harassment. “You are not safe. We will find you. We will expose you. We will take from you the peace you have taken from so many others.”

The incident appears to begin with a woman walking up to the Cruzes in the restaurant, calling herself a constituent and victim of sexual assault, and demanding to know how Cruz plans to vote on Kavanaugh’s nomination to the U.S. Supreme Court. “Do you believe survivors, sir?” she demands, as her mob chants “We believe survivors” in the background.Democrats are charging, based purely on hazy and uncorroborated claims of alcohol-fueled sexual encounters nearly 40 years ago, that Kavanaugh is a vicious pervert. Cruz sits on the Senate Judiciary Committee that is slated to receive testimony Thursday from one woman making such accusations. But her legal team has already caused the testimony to be rescheduled six times. Such testimony would put Christine Blasey Ford under oath and liable to perjury charges.

Rosenstein guided by politics, not a pursuit of justice Andrew McCarthy

https://thehill.com/opinion/white-house/408250-rosenstein-guided-by-politics-not-a-pursuit-of-justice

The New York Times’s blockbuster report that Deputy Attorney General Rod Rosenstein broached the subject of seeking President Trump’s ouster cannot be separated from his appointment of a special counsel.

From the start of the Trump administration, politics has overwhelmed law enforcement. It was the political uproar stoked by the May 9, 2017, firing of FBI Director James Comey that induced Rosenstein to appoint a special counsel, Robert Mueller, to investigate President Trump. There was insufficient basis in law to do this. But that turned out to be of no more moment than the complete absence of any basis to remove the president under the 25th Amendment, the harebrained proposal the Times reports Rosenstein was floating at exactly the same time.

To be clear, the special counsel regulations require the existence of a factual basis for a criminal investigation — a crime — before a prosecutor is assigned. Moreover, a special counsel, who by regulation is recruited from outside the government, is not supposed to be assigned absent a Department of Justice (DOJ) conflict of interest so profound that the department is ethically barred from investigating the crime in question.

Deputy Attorney General Rosenstein could satisfy neither of these conditions. To this day, he has never specified a crime the president is suspected of committing. And there is no conflict; Mueller not only recruited prosecutors from the Justice Department, he has transitioned the two Russia indictments he’s brought to Justice Department components.

Both of these actions would be improper if there were an actual conflict. But, of course, there isn’t one because, again, Rosenstein has not specified a crime. It is the crime allegedly committed by a president that creates a conflict for the president’s Justice Department and calls for an outside prosecutor.

We Are Living Nineteen Eighty-Four By Victor Davis Hanson

https://www.nationalreview.com/2018/09/kavanaugh-nomination-battle-like-orwells-1984/

Truth, due process, evidence, rights of the accused: All are swept aside in pursuit of the progressive agenda.

George Orwell’s 1949 dystopian novel Nineteen Eighty-Four is no longer fiction. We are living it right now.

Google techies planned to massage Internet searches to emphasize correct thinking. A member of the so-called deep state, in an anonymous op-ed, brags that its “resistance” is undermining an elected president. The FBI, CIA, DOJ, and NSC were all weaponized in 2016 to ensure that the proper president would be elected — the choice adjudicated by properly progressive ideology. Wearing a wire is now redefined as simply flipping on an iPhone and recording your boss, boy- or girlfriend, or co-workers.

But never has the reality that we are living in a surreal age been clearer than during the strange cycles of Christine Blasey Ford’s accusations against Supreme Court nominee Brett Kavanaugh.

In Orwell’s world of 1984 Oceania, there is no longer a sense of due process, free inquiry, rules of evidence and cross examination, much less a presumption of innocence until proven guilty. Instead, regimented ideology — the supremacy of state power to control all aspects of one’s life to enforce a fossilized idea of mandated quality — warps everything from the use of language to private life.

Oceania’s Rules

Senator Diane Feinstein and the other Democrats on the Senate Judiciary Committee had long sought to destroy the Brett Kavanaugh nomination. Much of their paradoxical furor over his nomination arises from the boomeranging of their own past political blunders, such as when Democrats ended the filibuster on judicial nominations, in 2013. They also canonized the so-called 1992 Biden Rule, which holds that the Senate should not consider confirming the Supreme Court nomination of a lame-duck president (e.g., George H. W. Bush) in an election year.

Strangers and Citizens By Reihan Salam

https://www.nationalreview.com/2018/09/immigration-debate-melting-pot-or-civil-war-reihan-salam/Immigration will only benefit our country if we’re committed to assimilating new arrivals.

Editor’s Note: The following excerpt is adapted from Reihan Salam’s new book, Melting Pot or Civil War: A Son of Immigrants Makes the Case against Open Borders. It appears here with permission.

‘Scripture tells us that we shall not oppress a stranger,” said President Barack Obama, “for we know the heart of a stranger — for we were strangers once too. . . . And whether our forebears were strangers who crossed the Atlantic or the Pacific or the Rio Grande, we are here only because this country welcomed them in, and taught them that to be an American is about something more than what we look like, or what our last names are, or how we worship. What makes us Americans is our shared commitment to an ideal — that all of us are created equal, and all of us have the chance to make of our lives what we will.

One of Obama’s great talents was his unsurpassed ability to stack the rhetorical deck. Here he was announcing his executive order for deportation relief in 2014. To disagree with him was not just to reject his take on the costs and benefits of a particular policy, it was to oppress a stranger, which no less an authority than Scripture tells us is a very bad thing to do. Yet there was a small wrinkle in the former president’s remarks. While calling on his fellow citizens to welcome the millions of strangers who make their way to our country to better their lives, he also insisted that his executive action would shield only those who’d been in the country unlawfully for five years or more. Moreover, it did not extend to those who might settle in the United States unlawfully in the future.

But surely those who’ve been in the country for, say, four years are strangers who deserve our compassion, too. Having praised unauthorized immigrants who work hard in low-paying jobs and who worship in our churches, the president must understand that there are tens of millions of people around the world who would gladly do the same, even if it meant risking their lives. According to one survey, there are roughly 700 million people around the world who would like to move permanently to another country, and 165 million of them say that their first choice would be to move to the United States. My guess is that the vast majority of these aspiring immigrants are decent people who mean us no harm. If the Biblical injunction against oppressing a stranger is to serve as the lodestar of our immigration policy, why on Earth would we set any limits at all?

Obama’s expansive language gave succor to open-borders romantics— and to the most demagogic voices on the other side of the debate, up to and including the man who succeeded him in the White House. Together, these forces are making it all but impossible to craft a durable immigration compromise. The irony is that Obama had a different and more potent argument at his disposal, namely, that the young people to whom he was offering deportation relief weren’t strangers at all. Because of our decades-long failure to enforce our immigration laws, an arrangement that suited unscrupulous low-wage employers just fine, they had become part of our communities. There was a perfectly good case for doing right by them while also embracing resolute enforcement, a case Obama gestured toward early in his presidency, yet which open-borders activists came to angrily reject in its waning days. The result is that immigration polices championed by liberals and centrists as recently as the 2000s are now routinely denounced as unacceptably extreme.

Feminist Narcissism The effort to destroy Brett Kavanaugh looks like a revenge attack on a civilization deemed too male. Heather Mac Donald

https://www.city-journal.org/kavanaugh-feminist-narcissism-16188.html

If Supreme Court Justice William Brennan were posthumously discovered to have aggressively groped a girl once in high school, should that fact discredit his landmark opinions expanding press freedom, legal protections for criminal defendants, and voting and welfare rights? Would it have been better for the country, from a liberal perspective, if Brennan’s judicial career had been derailed from the start? What about Justice John Marshall Harlan, whose groundbreaking 1896 dissent from the majority opinion in Plessy v. Ferguson declared that the Constitution was “color-blind” and rejected state-sponsored segregation? If Harlan had once jumped on a girl as a 17-year-old, should that one-time outbreak of boorish adolescent male hormones efface his contributions as a public thinker?

The Democratic response to the allegation that three and a half decades ago, Supreme Court nominee Judge Brett Kavanaugh assaulted a girl during a pool party bears many hallmarks of campus culture, from the admonition that “survivors” should always be believed to the claim that the veracity of the accusation matters less than the history of white-male privilege. But the most significant import from academic feminism is the idea that a long-ago, never-repeated incident of adolescent sexual misbehavior (assuming that the assault happened as described, which Kavanaugh has categorically denied) should trump a lifetime record of serious legal thought and government service. (Now, a new allegation, reported by The New Yorker, that Kavanaugh sexually assaulted a Yale classmate at a party—though the New York Times regarded the evidence as too flimsy to publish—has ramped up outrage to the point that feminists are demanding that the Ford hearings they had called for be cancelled.) The feminist nostrum that the personal is political is being weaponized to subordinate the public realm of ideas to the private realm of sexual relations—all, ironically, in the service of a highly political end: preventing a judicial conservative from being seated on the high court. The domain of Eros and the domain of public action are, however, in most cases distinct. If it turned out that James Madison had groped his domestics, it would be absurd to discard the constitutional separation of powers on that ground. Madison’s political insights are more important to civilization than any hypothetical chauvinist indiscretions.

(The ongoing eclipse of political and diplomatic history follows a similar impulse: supplanting what is seen as a too-male realm of ideas and action in favor of the history of identity-based, “marginalized” groups, defined above all by race and sex, whose direct contributions to the evolution of political thought was until recently modest at best.)

But the demand to derail the Kavanaugh nomination is particularly ab

Due Process for Judge Kavanaugh Senators eager to destroy his nomination must be restrained by the rule of law. Adam Freedman

https://www.city-journal.org/due-process-for-brett-kavanaugh-16192.html

Nobody in the United States Senate knows whether Judge Brett Kavanaugh’s accusers are telling the truth. And yet, quite a few of its members—all Democrats—have already decided that they are telling the truth. Connecticut’s Richard Blumenthal and New York’s Kirsten Gillibrand, for example, have declared that they believe the allegations of Professor Christine Blasey Ford, though she has yet to testify. Senator Mazie Hirono of Hawaii insists that Ford “needs to be believed,” and that men need to “just shut up and step up.”

Oddly enough, the same Democratic politicians who seem to have made up their minds about the matter are the very ones calling for a “full investigation” into Ford’s accusations, as well as those of Kavanaugh’s former Yale classmate Deborah Ramirez. This should set off alarms for anyone concerned about the old-fashioned notion of due process—that is, the procedural fairness that Anglo-American law guarantees to those accused of crimes.

The hallmark of due process is the presumption of innocence. Imagine a judge who announces—before the trial even begins—that he thinks that the accused is lying. Defense counsel would rightly demand that the judge recuse himself. But no recusal has been offered by those senators who would sit in judgment on the Supreme Court nominee.

Because every defendant is presumed innocent, due process also requires that one’s accusers bear the burden of proof. Today, however, this tradition has been turned on its head, with politicians and commentators on the left asserting that the burden is on Kavanaugh—and any other man accused of sexual misconduct—to disprove the accusations against them. Blumenthal, for example, tweets that Kavanaugh has “a responsibility to come forward with evidence to rebut” Ramirez’s accusations of sexual assault. Anita Hill, the law school professor who accused Justice Clarence Thomas of sexual harassment during Thomas’s 1991 confirmation hearings, has argued that Kavanaugh bears the burden of disproving Ford’s allegations.