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50 STATES AND DC, CONGRESS AND THE PRESIDENT

Obama Inc. Spares Benghazi Ringleader from Death Penalty Daniel Greenfield

We’re living in the enlightened future so we know that applying the death penalty to the Muslim murderers of Americans is a form of outmoded barbarism. All right-thinking people know that it should be reserved for…

1. Critics of the administration

2. Women who don’t want men using the ladies room

3. Republicans in general

Not the mastermind of the murder of an American ambassador.

The Justice Department will not seek the death penalty against the Libyan militant charged in the Benghazi attacks that killed four Americans, federal officials have announced.

Ahmed Abu Khattala has been awaiting trial in federal court in Washington in connection with the September 2012 violence at a diplomatic compound in Benghazi that killed a U.S. ambassador and three other Americans.

His attorneys had been imploring the Justice Department to remove the death penalty as a possibility if Khattala is ultimately convicted at trial.

On Tuesday, the department revealed its decision in a court filing that provided no explanation.

Obama’s Latest Amnesty for Drug Dealers Freeing drug dealers, terrorizing communities. May 12, 2016 Daniel Greenfield

Charlie Brown used to run a fortified crack house in South Providence. Surveillance cameras kept an eye out for cops and a steel-reinforced door was built to keep them out. Brown had been dealing drugs for at least nine years. He had two previous drug convictions dating back to his twenties. His drug money was used to buy real estate, renovating and renting out the houses that he wasn’t using to sell drugs.

Despite all that, Brown’s lawyers tried to suggest that he lacked the “mental capacity” to understand his criminal case and suffered from lead poisoning. Mental capacity, often blamed on lead poisoning, is to modern criminal defense attorneys what phony claims of insanity used to be decades earlier.

But it didn’t work. Brown stayed in jail. Until Obama commuted his sentence.

Providence police Lt. Thomas Verdi had said, “These three defendants are notorious in Providence. This sends a message — that these individuals who are dealing drugs and involved in violent crimes will be apprehended and face serious, serious prison sentences — not locally, but in the federal system.”

He would have had better luck locally because Brown will be out next year. And he’ll be far from alone.

Artrez Nyroby Seymour was part of The Organization, a group of crack dealers in Chicago Heights that modeled their operation after the movie New Jack City. The Organization operated outside an elementary school whose children were never allowed out to play out of fear of its drug dealers.

A Climate Courtroom Crusade Scorches Due Process Attorneys general demand Exxon’s files without first asking a judge—a case of the fox guarding the hens. By Philip Hamburger

Six months ago, New York Attorney General Eric Schneiderman issued a subpoena demanding that Exxon Mobil turn over records concerning its research on climate change. In March, Mr. Schneiderman took the predictable next step, announcing that a coalition of attorneys general will hold fossil fuel companies accountable. “The First Amendment, ladies and gentlemen, does not give you the right to commit fraud,” he said.

The threat to scientific inquiry and political speech is obvious. Not so widely recognized is the underlying violation of due process. Start with the fact that Mr. Schneiderman and the other attorneys general have relied, as their opening move, on a nonjudicial subpoena to force the disclosure of information.

Traditionally, federal and state governments could demand testimony, papers or other information in only very limited ways. A legislative committee could call witnesses and insist that they appear and testify. But an attorney general who wanted to rifle through a private company’s filing cabinet had to get a warrant signed by a judge based on probable cause, or had to ask a court overseeing a grand jury to issue a subpoena.

Otherwise the attorney general had to wait until he brought civil or criminal charges, and in a criminal case he could get only a very limited version of discovery. As the founding generation knew from experience, government demands for papers could be dangerous.

Much has changed over the past century. When civil discovery of evidence, now a common process, evolved in the late 19th and early 20th centuries, some states, for the sake of convenience, allowed subpoenas for such purposes to be signed not by judges, but by clerks, and then even by parties in cases. The subpoena power thus began to drift out of the hands of the judiciary. CONTINUE AT SITE

War Weapons for America’s Police By Adam Andrzejewski

Despite public outcry, new federal data shows that 2014 and 2015 were peak years for shipments of surplus military gear to local police departments across America.

This week our organization released the study, OpenTheBooks Snapshot Report – The Militarization of Local Police Departments, that quantified the transfer of 1.5 million weapons-related items from the Department of Defense (DoD) to federal, state and local law enforcement since 2006. New federal records show police agencies in Florida, Texas, California, Tennessee and Arizona led the nation in procuring surplus military-weaponry from the DoD over the last 10 years.

We found a federally-sponsored ‘gun show’ that never ends: small town police are armed with M16 and M14 rifles, night-vision googles, bayonets and armored trucks; junior colleges and county sheriffs procured mine-resistant vehicles (MRVs); even local park districts and forest preserves stocked up on military-style equipment.
The 1033 Program created by the National Defense Authorization Act (1997) authorized the transfer of excess military equipment to civilian law enforcement.

The 1033 Program created by the National Defense Authorization Act (1997) authorized the transfer of excess military equipment to civilian law enforcement.

In total, our new data reveals $2.2 billion worth of military gear including helicopters and airplanes, armored trucks and cars, tens of thousands of M16 and M14 rifles, thousands of bayonets, mine detectors and many other types of weaponry.

Thousands of units of government across America received military equipment. Using our mapping technology, citizens can quickly search the military ‘gun lockers’ of your local government: park districts, forest preserves, hometown police departments, junior colleges, universities, county sheriffs, natural resource and public safety departments, state police – and Homeland Security, Interior and the Justice Department – across any ZIP code.

No Death Penalty for a Benghazi Jihadist — Is this Law or Politics? By Andrew C. McCarthy

In a terse submission to the federal district court in Washington, D.C., the Obama Justice Department has announced that it will not seek the death penalty against Ahmed Abu Khatallah. He is the only terrorist charged in the Benghazi massacre of September 11, 2012, in which U.S. ambassador J. Christopher Stevens and three other American officials were killed in an attack carried out by dozens of jihadists.

Government lawyers provided no explanation for this decision. If you are wondering whether politics played a role in it, you have good reason to be suspicious.

On the face of it, Khatallah is a textbook case for capital punishment. The Benghazi indictment alleges that he willfully and maliciously caused the death of Americans in a terrorist attack that he helped coordinate. The facts of his offense check several of the “aggravating factor” boxes in federal death-penalty law. There is, moreover, a national-security component, inherent not only in the Benghazi atrocity itself but in the perverse incentive that the government’s failure to seek an available death sentence would create for others considering mass-murder attacks against American installations overseas.

In addition, terrorists imprisoned by the United States after being prosecuted for successful attacks against America become iconic figures in the jihad. As long as they live, they can and do inspire more attacks, recruitment, and fundraising.

Thus, legal and national-security considerations militate in favor of seeking capital punishment. Remember, Mr. Stevens was the first U.S. ambassador killed in the line of duty since 1979. An attack on our ambassador and on sovereign American facilities abroad is an act of war against the United States. Since national security is the core responsibility of the federal government, there can be no federal offense more worthy of capital treatment.

We are talking about the Obama administration, though, so there are always political considerations. And when it comes to Benghazi, they always take precedence.

A criminal trial is an opportunity for a defendant to challenge the government’s version of events. It is not like a press conference or a congressional hearing, at which administration officials can get away with spin and stonewalling. Presided over by an independent judiciary applying rigorous rules of due process, criminal trials arm highly capable defense lawyers with copious discovery of the government’s files and legal avenues to demand further disclosures. And because of the life-and-death stakes of death-penalty litigation, federal law gives no one more ample opportunity to test the government’s story than a death-penalty defendant.

Transgender Activism Has Produced a Legal Absurdity From the May 23, 2016, issue of NR By Ed Whelan

In a 2–1 panel ruling in mid April, a federal appellate court decided (or at least seemed to think that it decided) that G.G., a girl who identifies herself as male, has a legal right to use the boys’ restrooms at her high school in rural Gloucester County, Va. In so doing, the panel’s majority, consisting of two appointees of President Obama, kowtowed to the Obama administration’s radical claim that federal law requires any college or school that receives federal funding to make its single-sex restrooms, locker rooms, showers, housing, and sports teams available to “transgender students consistent with their gender identity.”

Never has a more brazen and aggressive bureaucratic misreading of federal law encountered a more craven and confused judicial reception.

In 1972, Congress enacted the federal law known as Title IX. Title IX provides generally that no school that receives federal funding — a category that includes public grade schools and high schools as well as nearly all colleges, public or private — may “discriminat[e]” “on the basis of sex.” Everyone understood from the beginning, and the Obama administration still agrees, that Title IX allows schools to have single-sex restrooms, locker rooms, and showers. A regulation dating from 1975 says exactly that — a school “may provide separate toilet, locker room, and shower facilities on the basis of sex” — and goes on to specify only that “such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex” (emphasis added).

Pushing the transgender agenda through the entire alphabet of the federal bureaucracy has been a high priority for the administration in President Obama’s second term. So it was that in January 2015 an obscure functionary named James A. Ferg-Cadima, in his temporary capacity as acting deputy assistant secretary at the Department of Education, signed his name to a letter and sent that letter to G.G. (and to various transgender activists). In his letter, Ferg-Cadima made two cursory legal claims on behalf of the department. First, he declared that Title IX’s ban on discrimination on the basis of sex includes a ban on discrimination on the basis of gender identity. Second, he asserted that schools that provide “sex-segregated restrooms, locker rooms, shower facilities, housing, athletic teams, and single-sex classes” must “treat transgender students consistent with their gender identity.”

RELATED: The Obama Administration Provokes a War against North Carolina

Ponder for a moment some examples of what Ferg-Cadima’s second claim means for schools that receive federal funding. A young man who says his gender identity is female must be offered a college dormitory room with roommates who are women (irrespective of the wishes of those roommates). An athlete who is biologically male in all respects must be allowed to compete for a position on a women’s sports team if he identifies himself as female. A first-grade girl who thinks she’s a boy can use the boys’ bathroom. And, yes, high-school boys who say they’re transgender girls may use the girls’ locker rooms and showers on the same terms, and at the same time, as the girls do — and vice versa, of course, for girls who say they’re transgender boys.

Dem Mayor of Flint Redirected Water Donations to Own PAC Daniel Greenfield

The ugly truth about Flint is that it was run into the ground by Democrats. And Democrats have predictably ranted about Governor Snyder because he is conveniently enough a Republican. Meanwhile here’s what the Democratic mayor was getting up to.

Mayor Karen Weaver has been an outspoken advocate for the people of Flint during the city’s water crisis, but she is now facing tough questions about what happened to some of the money sent to aid the city’s recovery. The money was supposed to help families impacted by the water crisis, but a former Flint city administrator claims she was fired when she reported Mayor Weaver may be redirecting the charitable cash for her own political gain.

Former city administrator Natasha Henderson claims she was fired after reporting Mayor Karen Weaver may have been telling staff to direct water crisis donations to her own personal funds.

Henderson filed a federal lawsuit Monday, May 9, in Detroit U.S. District Court, claiming she was fired from her position after asking the city attorney’s office to investigate claims Weaver may have been telling city staff and volunteers to send potential water crisis donors to her own personal account, rather than the official fund managed by the Community Foundation of Greater Flint.

The lawsuit claims Weaver’s executive assistant Maxine Murray reported around Feb. 9 to Henderson that “she feared going to jail” after Weaver instructed her and a city volunteer to direct donations from the Community Foundation of Greater Flint’s Safe Water/Safe Home Fund to a different fund, named “Karenabout Flint.”

Obama’s Master of Deceit on the Iran Nuke Deal From aspiring novelist to chief spinner of the president’s lies. Joseph Klein

Deputy National Security Adviser for Strategic Communications Ben Rhodes confirmed what FrontPage Magazine has been saying all along. President Obama and senior members of his administration sold his nuclear deal with Iran, known formally as the Joint Comprehensive Plan of Action (JCPOA), with a pack of lies.

Rhodes was an aspiring fiction writer, who fulfilled his aspirations for make-believe as a senior member of the Obama administration. In a profile of Rhodes, written by New York Times reporter David Samuels and appearing in last Sunday’s New York Times Magazine, Samuels recounted Rhodes’ tall tales concerning how the negotiations with Iran over its nuclear program came about. The article’s title, by the way, is “The Aspiring Novelist Who Became Obama’s Foreign-Policy Guru.”

The Obama administration, led by Rhodes, spun the tale that it had to take advantage of the opportunity suddenly created for commencing negotiations with Iran when Hassan Rouhani, a so-called “moderate,” was elected as Iran’s president. According to Rhodes’ concocted narrative of the negotiations, the administration determined that the time had finally arrived, with Rouhani having replaced hardliner Mahmoud Ahmadinejad, to enter into serious negotiations. This narrative of when and how the negotiations began, David Samuels wrote, “was largely manufactured for the purpose for selling the deal.”

The Obama administration wanted to give the false impression that it was adeptly exploiting a schism between the so-called “moderate” faction in Iran that had taken over the presidency and the hardliners whom had taken a beating in the presidential election. They painted Rouhani as a “moderate” leader with real power, whom could serve as an effective counterweight to Iran’s Supreme Leader Ayatollah Khamenei and the hardliners surrounding him.

As Leon Panetta, Obama’s former CIA chief and Secretary of Defense, explained to the New York Times reporter, the intelligence agency did not consider there to be a divide between so-called “moderates” and hardliners in any meaningful sense. “There was not much question that the Quds Force and the supreme leader ran that country with a strong arm,” Panetta was quoted as saying.

In truth, Obama was so intent on reaching a deal with Iran at any price that senior members of his administration had started serious discussions with Iranian hardliners a year before Rouhani’s election. “Obama’s closest advisers always understood him to be eager to do a deal with Iran as far back as 2012, and even since the beginning of his presidency,” David Samuels concluded after speaking with key members of the administration including Rhodes, whom were part of Obama’s inner circle.

The Ben Rhodes Blow-up by Lee Smith

Man, Ben Rhodes had an excellent weekend. The 38-year-old Mets’ fan who serves as President Barack Obama’s deputy national security adviser for strategic communications got to watch the press tear itself apart in rabid confusion, which proves one of his essential points—the U.S. media is a pile of dung.

After a New York Times Magazine profile of Rhodes hit newsstands Saturday night—it was posted on the Times website Thursday—the media split: The article was a hit job by author David Samuels, a crypto-neocon sent by the Mossad who opposed the Iranian nuclear deal from the outset. Or it was a gross puff piece by David Samuels, a Brooklyn liberal who was in the bag for Rhodes even before he was gifted with a box of M&M’s with the presidential seal.

Lots of people don’t know why the administration let Rhodes pull back the curtain. Because the White House won the Iran Deal is why. They wanted to take a victory lap. Obama campaigned as the anti-Iraq candidate. Bush lied and got us into a stupid war, the White House would invariably argue. And yes, as president Obama lied to sell the Iran deal—BUT to keep America out of a stupid war with Iran. Do you want American passion and innovation tied down in a severely damaged part of the world like the Middle East for the next hundred years? This is how a very large number of New York Times readers understood the piece. And as Rhodes knew, it’s how virtually everyone outside of media circles in Washington and New York would read the article.

Lots of media people can’t figure out why Rhodes spoke to Samuels, of all people. As evidence of Samuels’ pre-existing hostility to the White House, some in the Twitter-sphere posted a video of a panel at Hudson Institute I hosted where Samuels appeared with Matthew Kroenig and Michael Doran, both of whom, like me, are outspoken critics of the deal. Samuels wasn’t there to discuss the deal as such. I invited him because because I know him, and because he writes stuff I like. He said yes and maybe regrets it now, or not.

He’s not part of what Ben Rhodes calls the blob and his boss calls the Washington, D.C. foreign policy establishment. I know him from New York, when I edited the Village Voice Literary Supplement. He was a Brooklyn neighbor, and a baseball fan, and we still hung out even though our political views were often not in synch. I read his 2008 New Yorker article about a truck driver who built a nuclear bomb—a story that highlights the difference between nuclear knowledge, which is easy to come by, and the industrial infrastructure to support the manufacture of nuclear weapons, which is very difficult and costly to build and maintain. For instance, as Samuels told me over the phone for a Weekly Standard article, he said he has the blueprint to make a nuclear bomb in his desk at home—thankfully, no one has given him tens of billions of dollars to build the infrastructure that would allow him to proliferate.

The Obama Administration Provokes a Legal Crisis — the War against North Carolina By David French

The state of North Carolina and the federal government are now in a state of declared legal war. On Wednesday afternoon, the Obama administration sent a letter to North Carolina governor Pat McCrory demanding that the state “not comply with or enforce H.B. 2,” its so-called transgender bathroom law. According to the letter, a state requirement that people use the bathrooms reserved for their biological sex violates Title VII of the Civil Rights Act of 1964. The Department of Justice gave the state until today, May 9, to assure the federal government that men can use women’s restrooms and showers in state facilities.

Today, the state answered the Department of Justice — with a lawsuit. In its complaint, filed in federal court, North Carolina accuses the DOJ of engaging in a “baseless and blatant overreach,” an “attempt to rewrite long-established federal civil rights laws in a manner that is wholly inconsistent with the intent of Congress and disregards decades of statutory interpretation by the courts.” Simply put, Title VII does not establish “transgender status” as a protected class, and any effort to do so by executive fiat violates the law.

Then the DOJ escalated again. At an afternoon news conference, Attorney General Loretta Lynch announced a “significant law enforcement” action — its own lawsuit. At the same time, Lynch indicated that the DOJ retained the authority to federal funding to key state entities, issuing a not-so-veiled threat of dramatic action before the courts issue a definitive ruling. At the same time, she preposterously compared the act of preserving bathrooms for people of the same sex to, of course, “Jim Crow” and hearkened back to the days of segregated water fountains.