Displaying posts published in

September 2021

More On European Climate Change Litigation: These People Are Crazy-Francis Menton

https://us7.campaign-archive.com/?e=a9fdc67db9&u=9d011a88d8fe324cae8c084c5&id=a7306c1128

It’s easy to look at “climate change” litigation in the U.S. and conclude that a good percentage of our environmental bureaucrats and judges who get involved in these things are crazy. Thus many courts around the country (mostly state courts) have allowed lawsuits seeking damages against oil companies over greenhouse gas emissions from their products to proceed at least beyond the preliminary stages. And the EPA, early in the Obama administration (2009) issued what is called the “Endangerment Finding,” declaring CO2 and other GHGs to be a “danger to public health and welfare” — a ridiculous determination that the Trump administration nevertheless did not attempt to undo, and which substantially ties the government’s hands in contesting wacky climate-related cases. Not that the Biden Administration can be counted on to contest these cases at all, no matter how preposterous.

But we do have in the U.S. this thing called the doctrine of “non-justiciability.” That is the doctrine under which our courts steer clear of cases that ask courts to rule broadly on matters of public policy that are more legitimately the province of the legislatures. At the federal level, the non-justiciability doctrine arises out of the separation of powers embodied in the Constitution’s structure, as well as by the language of Article 3 Section 2, which describes the jurisdiction of the federal courts only in terms of “Cases” and “Controversies.” The doctrine has been around for a long time, and is well-established in many precedents. As discussed in my most recent post, it was the non-justiciability doctrine that sank the Juliana case, which sought to get a court to order the end of the use of fossil fuels in the U.S. on the basis of the Due Process clause of the Fifth Amendment and the Equal Protection clause of the Fourteenth Amendment. Even two of three Obama-appointed judges on the Ninth Circuit panel agreed with that rationale. Had the case reached the Supreme Court, the 6-3 “conservative” majority, in my judgment, would be highly likely to apply the “non-justiciable” rationale to privately-brought litigation that seeks a fundamental restructuring of the economy through court order. (A different issue is whether the Supreme Court, in the presence of the Endangerment Finding, would try to overrule a restructuring of the economy via EPA or other bureaucratic regulation that claimed some statutory basis, however flimsy.)

Biden Administration Erased Afghan Weapons Reports From Federal Websites Adam Andrzejewski

https://www.forbes.com/sites/adamandrzejewski/2021/08/31/biden-administration-erased-afghan-weapons-reports-from-federal-websites/?sh=3cd7779f16ba

The War in Afghanistan has always been a black box, but the Biden administration just made matters worse.

According to an admission obtained from the State Department, Biden officials recently directed federal agencies to scrub their websites of official reports detailing the $82.9 billion in military equipment and training provided to the Afghan security forces since 2001.

The scrubbed audits and reports included detailed accounting of what the U.S. had provided to Afghan forces, down to the number of night vision devices, hand grenades, Black Hawk helicopters, and armored vehicles.

Reports further quantified 208 aircraft and helicopters; 75,000 war vehicles – including 22 Humvees, 50,000 tactical vehicles and nearly 1,000 mine resistant vehicles; and 600,000 weapons – including 350,000 M4 and M16 rifles, 60,000 machine guns, and 25,000 grenade launchers.

The State Department admitted to removing the reports but justified the move as a way to protect Afghan allies. According to a spokesperson:

“The safety of our Afghan contacts is of utmost importance to us. The State Department advised other federal agencies of to [sic] review their web properties for content that highlights cooperation/participation between an Afghan citizen and the USG or a USG partner and remove from public view if it poses a security risk.”

It’s worth noting that the Biden administration already put these partners at risk when officials provided lists of Afghan nationals to the Taliban in a misguided attempt to clear them for evacuation. The Taliban, a known terrorist organization with a history of murdering Afghan citizens working alongside U.S. forces, should never have been trusted with those names.

MSM Re-Writing of Biden’s Afghanistan Tragedy Already In High Gear By Stephen Kruiser

https://pjmedia.com/columns/stephen-kruiser/2021/09/01/msm-re-writing-of-bidens-afghanistan-tragedy-already-in-high-gear-n1474445

We have been watching the hacks in the American mainstream media prop up Joe Biden for a very, very long time now. Throughout his unremarkable decades in the United States Senate, Biden got the standard amount of biased favor from the MSM. When he was one heartbeat away from The Lightbringer’s job, the MSM really stepped up and spent a lot of time pretending that Biden was more than just a goofy spaz.

Ever since he cemented the Democratic nomination for president last year, the MSM has been working 24/7 to create a fictional Joe Biden that is competent, thoughtful, and deserving of being the most powerful man in the world.

As Biden’s stunning incompetence was laid bare for all the world to see by the nightmare in Afghanistan, even his most loyal media lapdogs were finding it difficult to keep up the charade, which I covered in my Morning Briefing a full week before the horrific ISIS-K attack at the Kabul airport. Here is an excerpt from that:

We will no doubt soon be back to a place where all of the usual horrible suspects in the media are fawning over Biden’s every lazy drool, but he and his pals are definitely taking a bit of a break this week.

Well, less than a week after the tragedy at the airport, the break is over.

The professional propagandists in the MSM are now circling wagons I didn’t even know they had in an effort to revise the immediate history of our ignominious withdrawal from Afghanistan.

Taliban Execute Folk Singer After Announcing Public Music Ban in Afghanistan By Katabella Roberts

https://www.theepochtimes.com/taliban-shoot-dead-folk-singer-after-announcing-public-music-ban-in-afghanistan_3975467.html

The Taliban has executed a well-known folk singer in a village in Afghanistan after officials announced a ban on playing music in public, according to local reports.

Fawad Andarabi, a well-known folk singer, was killed in the Afghanistan village of Andarab, north of Kabul, a region where parts of the population are rejecting Taliban rule, The Associated Press reported.

Andarabi played the ghichak, a bowed lute, and sang traditional songs about his birthplace, his people, and the country. He was said to have been dragged from his village home before being shot dead by the group.

His son, Jawad, told AP that the singer was “shot in the head for no reason” at the family’s farm, just days after the Taliban had searched his home and drank tea with him.

“He was innocent, a singer who only was entertaining people,” Jawad, said. “They shot him in the head on the farm.”

Taliban spokesman Zabihullah Mujahid said his group would investigate the shooting but did not provide any further information.

Australia Passes Sweeping Online Surveillance Bill Amid Privacy Concerns By Isabel van Brugen

https://www.theepochtimes.com/australia-passes-sweeping-online-surveillance-bill-amid-privacy-concerns_3975554.html

The Australian federal government last week passed a sweeping surveillance bill that would grant top law enforcement agencies the authority to take over social media accounts and hack the devices of individuals suspected of participating in serious online crime.

The Surveillance Legislation Amendment (Identity and Disrupt) Bill 2020 passed both houses of federal parliament on Aug. 25, and introduces three new powers which Home Affairs Minister Karen Andrews argues will assist law enforcement in keeping up with evolving technologies to protect Australians.

Specifically, the legislation grants the Australian Federal Police (AFP) and the Australian Criminal Intelligence Commission (ACIC) the power to modify or delete the data of suspected offenders, collect intelligence on criminal networks, and take control of a suspected offenders’ online account.

Those who refuse to comply can face up to 10 years in prison.

In defending the legislation, Andrews cited an operation earlier this year that resulted in 290 arrests, saying that this “confirmed the persistent and ever evolving threat of transnational, serious and organised crime—and the reliance of these networks on the dark web and anonymising technology to conceal their offending.”

“In Operation Ironside, ingenuity and world-class capability gave our law enforcement an edge. This Bill is just one more step the government is taking to ensure our agencies maintain that edge,” the minister said in a statement.

“Under our changes the AFP will have more tools to pursue organised crime gangs to keep drugs off our street and out of our community, and those who commit the most heinous crimes against children,” she added.

Passage of the bill however has been met with scrutiny, with some human rights activists saying it’s a “draconian” and “extreme” infringement on an individual’s right to privacy.

California’s Recall Election Has Already Been Stolen The California politicians have already placed their bet.  By Dan Gelernter

https://amgreatness.com/2021/08/31/californias-recall-election-has-already-been-stolen/

California’s gubernatorial recall election is officially September 14, but “Election Day” has ceased to have any meaning, Mail-in ballots were automatically sent to every registered voter on August 16. Return postage is “free,” pre-paid by California taxpayers. The registration deadline was August 30, but you can still register to vote “conditionally” and cast your vote immediately, right up to and including on the 14th. 

Mail ballots do not have to be received by “Election Day.” Ballots received up through September 21, a week after the election, will still count. Which gives the people in power plenty of time to correct any “mistakes” revealed by the initial vote tallying on September 14. 

You will recall that a drug-addled miscreant was recently apprehended in his car with 300 stolen mail-in ballots. The police found these ballots not due to brilliant detective work but because someone reported a man passed out in his vehicle. “Police are working with officials to ensure that all voters affected by the thefts get new ballots,” reported the Los Angeles Times. 

The Times concludes its story with the line: “The incident isn’t tied to additional ballot thefts, police said.” 

That’s right! No chance any other ballots have been tampered with. They’ve nabbed the ballot-stealing mastermind who passed out in his car. He must be the mastermind because the police tell us this incident isn’t tied to additional ballot thefts. How lucky we are that they have now found all the ballots that were stolen, and without even investigating. You can be confident the police will just as tirelessly not investigate further vote fraud issues.

I was going to suggest that this recall election was a test not of Governor Gavin Newsom’s popularity but of democracy in America—that is, a test of whether the will of the voters can still have any effect on government. But who are we kidding? You need only look at the rules for this election—the month-long voting window, the automatic mail-in ballots, the legality of ballots received a week after election day, plus that little incident of 300 stolen ballots being discovered entirely at random—to know that this election has already been rigged. Democracy has already been tested in California and has already failed—we need only wait until September 21 for official confirmation.

The real purpose of this recall election has nothing whatever to do with democracy or even with Newsom. The election is intended simply to keep the people of California quiet. It will enable the state’s leaders to say, “You’ve had your chance at voting, and look, we won! So calm down and continue to follow our orders.” 

Ultimately, this election will test whether Americans will accept a dictatorship. 

UK: Welcome to the Medieval Era of 2021 by Andrew Ash

https://www.gatestoneinstitute.org/17632/uk-medieval-customs

Advocates of multi-culturalism demand not only that we should accept sweeping changes to our cultural landscape, but also that we should be far more welcoming of some of the medieval customs, traditions, and religious laws it has taken much of the world — often at great cost in the irrevocable currency of life as well as treasure — centuries to get rid of.

This importation of Muslim laws and customs, which often sit at odds with the British way of life, is seen as yet another example of a “preferential treatment” that minority groups receive over and above the indigenous population. That Christians, and people of other faiths, are guiltlessly persecuted in a majority of Muslim nations only serves to increase this resentment.

The advocates of diversity then claim that those who would disagree with what seem to them outdated practices that should remain outdated, are called “racist”, “xenophobic” or “Islamophobes,” when actually they might just be opposed to the beating of women, child marriage, female genital mutilation or a whole host of abuses they mistakenly thought had been left behind ages ago.

If there is one “woke” issue that has caused more division and anger in the UK than any other, it is that of the “multi-culturalism experience” that has been incrementally dumped on us – here and in Europe — since the end of the Second World War.

These practices have been introduced via the ever-expanding British Muslim community, which this writer was born into, and with which he therefore shares a certain understanding and affinity.

Advocates of multi-culturalism demand not only that we should accept sweeping changes to our cultural landscape, but also that we should be far more welcoming of some of the medieval customs, traditions, and religious laws it has taken much of the world — often at great cost in the irrevocable currency of life as well as treasure — centuries to get rid of.

Follow the Science . . . Toward Tyranny    The methods of natural science would destroy the ways of a free society. The Supreme Court nixes the Center for Disease Control’s power grab. By Ken Masugi

https://amgreatness.com/2021/08/31/follow-the-science-toward-tyranny/

Modern science as a discipline carries within itself the seeds of tyrannical rule, for the scientific method requires controlled experiments. But human beings want to be free and reject rules they did not create. Applied directly to society, the methods of natural science would destroy the ways of a free nation.

Of course free men and women use science to uncover knowledge and apply it to improve the human condition. Today the crucial distinction between following science and using it is lost on people and politicians. Without observing that difference, Americans might readily confuse their need for science with a dangerous embrace of the tyranny it demands when imprudently applied to human behavior.

Now comes the U.S. Supreme Court espying tyranny in a bureaucratic Center for Disease Control (CDC) regulation preposterously claiming to prevent the spread of COVID-19. Perhaps the court caught some anti-tyranny virus, for just 48 hours before, it denied the bureaucracy the ability to preserve and enhance the Deferred Action for Childhood Arrival (DACA) program—which allows “Dreamers” to remain in the United States illegally and indefinitely. Whatever the epidemiology of its jurisprudence, the court’s unsigned per curiam opinion in Alabama Association of Realtors v. HHS has exposed the tyranny of the administrative state. Both the CDC and the DACA examples illustrate the extent to which the federal government is governed not by an elected congress or president, or even the unelected courts but by the administrative state, the nexus of bureaucracy, academia, and media that effectively rules America on behalf of increasingly leftist policies. 

The allegedly anti-COVID regulation is quicker to analyze and ridicule and better illustrates the vices of the administrative state.

First, the CDC justification for regulation of any activity that might contribute to the spread of disease rests on one assertion: because COVID. But government agencies must justify their powers on the basis of a law. In this instance, the court declared, “It strains credulity to believe that this [1944] statute grants the CDC the sweeping authority that it asserts.”  Specifically, the CDC “has imposed a nationwide moratorium on [housing] evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination.”  

Tech Tyrants elevate Biden to ‘Dear Leader’ status, with criticism forbidden By Andrea Widburg

https://www.americanthinker.com/blog/2021/09/tech_tyrants_elevate_biden_to_dear_leader_status_with_criticism_forbidden.html

Shana Chappell, whose son U.S. Marine Lance Corporal Kareem Nikoui was murdered in Afghanistan thanks to the Biden administration’s fecklessness, took to social media to say exactly what she thought of Biden, including questioning the legitimacy of his presidency. It was classic free speech of the type the First Amendment protects…so Instagram (which Facebook owns) suspended her. It later reinstated her, assuring that it was all a mistake when we all know that the only mistake was that Facebook/Instagram got caught. The mere fact that Facebook/Instagram took this step — and thought it could get away with it — is a perfect example of the fact that the Tech Tyrants are functioning in the same way as North Korean censors, banning any speech critical of the “Dear Leader” and his policies.

Kareem Nikoui was a young man who wanted to serve his country and his family was proud of him for that. Had he died in battle at Bagram Air Force Base defending American interests, they would have wept for his loss but consoled themselves with the thought that he died for the greater good.

Thanks to the Biden administration’s criminally bungled withdrawal from Afghanistan, though, Kareem Nikoui did not die serving his country. Instead, he was murdered because the Biden administration, having deliberately handed Kabul over to the Taliban, made the Taliban—America’s enemy—responsible for security around the Kabul airport:

In a hastily arranged in-person meeting, senior U.S. military leaders in Doha—including McKenzie, the commander of U.S. Central Command—spoke with Abdul Ghani Baradar. “We have a problem,” Baradar said, according to the U.S. official. “We have two options to deal with it: You [the United States military] take responsibility for securing Kabul or you have to allow us to do it.”

Throughout the day, Biden had remained resolute in his decision to withdraw all American troops from Afghanistan. The collapse of the Afghan government hadn’t changed his mind. McKenzie, aware of those orders, told Baradar that the U.S. mission was only to evacuate American citizens, Afghan allies and others at risk. The United States, he told Baradar, needed the airport to do that.

Afghanistan, the Southern U.S. Border and Biden’s Intentions The time for choosing is here. Kevin Roberts

https://www.frontpagemag.com/fpm/2021/09/afghanistan-southern-us-border-show-biden-kevin-roberts/

The debacle in Afghanistan is still unfolding, but it is already one of the signal disasters of American history. It’s usually premature to assess contemporary events in history’s light, so it’s a sign of just how bad things are in Kabul that I — a historian — am ready to put it alongside the Bay of Pigs, the Fall of Saigon, the Black Hawk Down incident, and 9/11 itself in the list of era-defining American humiliations. It’s bad enough that it’s happening – what’s worse is that we chose it.

And it’s not an aberration for our unmoored American federal government regardless of who occupies the White House or controls Congress. Confronted with a whole summer of insurrectionary violence in American cities, it can’t seem to bring itself to guarantee public order. Confronted with angry citizens overrunning the very seat of its rule on Capitol Hill, it can’t seem to defend itself. Confronted with a metastasizing narco-state threat in Mexico, and a historic crisis of human trafficking overwhelming national borders, it can’t seem to do much but watch.

Yet when confronted with states organizing in blocs to execute tasks reserved to itself — the so-called “Western States Pact” comes to mind, as do the various states sending forces to the U.S.-Mexico border — the federal government seems strangely passive and inert. Perhaps that’s to the good.

It’s tempting to look at unforced errors like this in isolation, just one episode among many. We shouldn’t. The truth is that Afghanistan is part of a larger pattern. Pull the camera back a bit, and the picture becomes more disturbing than even the grim images from Kabul’s beleaguered airport. The incompetence on display in that country is just the latest episode of blundering from a federal government that increasingly cannot do anything it should.

The national government as envisioned and established by the American Founders has just one purpose, succinctly set forth in the Declaration of Independence: “to secure these rights.” Since then, Americans have come to expect federal governance in Washington, D.C., to fulfill an array of roles. For most of American history, it did a credible job of meeting those expectations. Americans of my parents’ generation, for example, reasonably expected the federal government to successfully defend them from enemies abroad and secure law and order at home. They expected it to meet the challenge of public health crises, and run an efficient immigration system. They expected it to assert a monopoly on national authority, and to promote and defend a common American civic narrative.