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POLITICS

The Facts Keep Undermining Hillary’s E-mail Tales It’s outrageous that she might emerge unscathed even so. By David French

Yesterday the Wall Street Journal revealed that the FBI’s criminal investigation into Hillary Clinton’s handling of classified information was zeroing in on “a series of e-mails between American diplomats in Islamabad and their superiors in Washington about whether to oppose specific drone strikes in Pakistan.” The Journal noted that the e-mails were “vaguely worded” and sent within the “often-narrow time frame” when State Department officials had an opportunity to object to CIA drone strikes.

Before we go on, let’s revisit Clinton’s words from August 26, 2015. Back then, she declared that, “I did not send classified material and I did not receive any material that was marked or designated classified, which is the way you know whether something is.”

This was a classic Clintonian defense, resting as it did on a largely irrelevant straw man – if she did not receive information “marked” or “designated” classified, and such designations are “the way you know” something is classified, then she never knowingly mishandled classified information. Yet as I (and many others) have pointed out before, Clinton’s actual legal obligation was to safeguard marked and unmarked classified information, and to fulfill that obligation she would necessarily have to know the classification of everything she handled, whether it was marked or not.

That isn’t always a particularly difficult task. When it comes to drone strikes and many other sensitive issues, it is remarkably easy to determine whether information is or should be classified. And as you read the Journal article, it becomes quite clear that all parties knew drone-strike information was classified, yet they were doing their best to evade classification requirements for the sake of speed and convenience.

The picture the Journal paints is appalling. For example, in one instance an ambassador sent a “short, cryptic note” just before Christmas indicating a drone strike was imminent, triggering a conversation among Clinton advisers “over the next few days, in which it was clear they were having the discussions in part because people were away from their offices for the holiday and didn’t have access to a classified computer.” (Emphasis added.)

No doubt it’s inconvenient to disturb Christmas festivities for the sake of national security, but the idea that classification rules should be bent to accommodate holiday plans is absurd, and it mocks the sacrifice of countless service members and other members of the national-security establishment who actually observe the rules. To substitute the use of classified computers for unsecured communications using ad hoc vague wordings as some form of primitive code is dangerously amateurish and very likely criminal.

A ‘Special Prosecutor’ Is Still a Bad Idea in a Criminal Investigation of Clinton Such an appointee would enable Clinton and Obama to bury the scandal. : Andrew McCarthy

You can set your watch by it: Whenever a scandal arises or intensifies in the scandal-plagued Obama administration, alarms go off calling for a “special prosecutor,” and I am constrained to respond (see, e.g., here) that this well-intentioned idea is a bad one. So it is with what even the Obama White House now concedes is the criminal investigation of Hillary Clinton.

Here at National Review, Dan McLaughlin renews the call for President Obama to appoint a “special prosecutor” to take over the criminal investigation of the former secretary of state and presumptive Democratic presidential nominee. Echoing the Transom’s Ben Domenech, he contends that Obama’s endorsement of Clinton’s candidacy, announced on Thursday, is somehow a game changer.

While I have great respect for both of these thoughtful commentators, I could not disagree more. Special prosecutors are unconstitutional if truly independent, and counterproductive if not so. They are a poor excuse for avoiding the Constitution’s remedy for corrupt public officials: impeachment and disqualification. Moreover, it is simply not true that Obama’s endorsement of Clinton meaningfully ratchets up his conflict of interest; that conflict was already profound because we have known for months that Obama is implicated in Clinton’s lawlessness.

Any Prosecutor Appointed by Obama Would Not Be Credibly Independent
To their credit, Messrs. McLaughlin and Domenech avoid the fatal error usually made by “special prosecutor” enthusiasts — the error that explains the scare quotes around the term. When commentators call for a “special prosecutor,” they usually mean an independent prosecutor — as in: independent of the executive branch. As we shall see, however, such an office would be unconstitutional, because prosecution is an executive function.

McLaughlin and Domenech concede that this is a problem but convince themselves that it can be gotten round if President Obama, in a display of great integrity, appoints a credible lawyer who, though technically subordinate to the president, would be given de facto independence to conduct a thorough, let-the-chips-fall-where-they-may investigation. It would be hard to fathom a suggestion more removed from reality.

Obama has not only presided over a Justice Department so corrupt and politicized it would make the Nixon administration blush. He is, to repeat, complicit in Mrs. Clinton’s misconduct (a point we’ll cover in a bit). It is simply preposterous to believe that, after governing lawlessly for seven and a half years, Obama would suddenly transform into a pillar of rectitude who unleashes a credible, truly independent investigation of Clinton that could cost his party the presidency while besmirching his legacy.

Uh-Oh: Newly Released Email Was Marked Classified When It Hit Clinton’s Server By Debra Heine

Hillary Clinton has claimed from the very beginning of the email scandal that nothing she sent or received was marked classified at the time. As recently as Wednesday of this week, she told Fox News’ Bret Baier, “nothing that I sent or received was marked classified. And nothing has been demonstrated to contradict that. So it is the fact. It was the fact when I first said it. It is the fact that I’m saying it now.”

Unfortunately for Hillary, the State Department today released an email from 2012 that totally contradicts her “fact.” According to Catherine Herridge at Fox News, the email carries “a classified code known as a ‘portion marking’ – and that marking was on the email when it was sent directly to Clinton’s account.” (Not retroactively, as the Clinton camp likes to claim.)

The “C” – which means it was marked classified at the confidential level – is in the left-hand-margin and relates to an April 2012 phone call with Malawi’s first female president, Joyce Banda, who took power after the death of President Mutharika in 2012.

“(C) Purpose of Call: to offer condolences on the passing of President Mukharika and congratulate President Banda on her recent swearing in.”

Everything after that was fully redacted before it was publicly released by the State Department — a sign that the information was classified at the time and dealt with sensitive government deliberations.

A US government source said there are other Clinton emails with classified markings, or marked classified, beyond the April 2012 document.

A January 2014 federal government training manual, called “Marking Classified National Security Information,” provides a step-by-step guide for reviewing classified information, and allocating classified codes or “portion markings.”

“This system requires that standard markings be applied to classified information…Markings shall be uniformly and conspicuously applied to leave no doubt about the classified status of the information, the level of protection required, and the duration of classification.”

It adds, “A portion is ordinarily defined as a paragraph, but also includes subjects, titles, graphics, tables, charts, bullet statements, sub-paragraphs, classified signature blocks, bullets and other portions within slide presentations, and the like.”

“Portion markings consist of the letters “(U)” for Unclassified, “(C)” for Confidential, “(S)” for Secret, and “(TS)” for Top Secret.”

As has been pointed out too many times to count, whether an email is marked “classified” or not is completely irrelevant because it was her responsibility to ascertain whether the information shared through her private email server was classified. But Hillary kept using the excuse and will probably continue to do so because it’s all she’s got. CONTINUE AT SITE

Why Trumpkins Want Their Country Back Dismissing Trump’s fans as racists and thugs is too self-congratulatory, too easy. There’s something deeper rumbling. By Joseph Epstein

In an infamous remark that made her seem both a naif and a snob, the New Yorker magazine movie critic Pauline Kael said in 1972, after the presidential election: “I live in a rather special world. I only know one person who voted for Nixon.” Although I would sooner have my thumbs removed than vote for Donald Trump, I do know four people who claim that they are going to vote to make him president of the United States.

One is intellectually sophisticated, a product of Yale and the Harvard Law School, the author of many books. Economistic in his thinking, he tells me that he plans to vote for Mr. Trump because after eight years of economic slump under President Obama, he believes that the Republican soon-to-be-nominee and self-acclaimed successful businessman will shake things up. Two other of the Trump backers I know are themselves businessmen, happy Philistines both, who are not in the least put off by the essential Trump coarseness, the absence in him of the least tincture of culture, historical knowledge or humility. My last Trump voter is a man with experience of his own in politics, who worked in the George W. Bush administration and who so deeply loathes the Clintons, mari et l’épouse, that he would vote for a randy mongoose before voting for Mrs. Clinton.

But these are only four voters out of the more than 13 million who bestirred themselves to vote for Donald Trump in the nation’s primary elections. How to account for these millions? Progressives easily enough account for them as racists, fools, thugs, H.L. Mencken’s booboisie, but to a much higher power of ignorance than even Mencken himself, no slouch when it came to contempt for the common people, could have imagined. This interpretation of Mr. Trump’s supporters is, somehow, too easy, and too self-congratulatory.

Something deeper, I believe, is rumbling behind the astounding support for Mr. Trump, a man who, apart from his large but less than pure business success, appears otherwise entirely without qualification for the presidency. I had a hint of what might be behind the support for him a few weeks ago when, on one of the major network news shows, I watched a reporter ask a woman at a Trump rally why she was supporting him. A thoroughly respectable-seeming middle-class woman, she replied without hesitation: “I want my country back.” CONTINUE AT SITE

Nick Cater The Revolt of the Outsiders

“The uncomfortable truth for the political class is that in so far as Trump exploits hatred, the principal object of that hatred is not Hispanics, Muslims, women or homosexuals. The hate is aimed squarely at the political class itself. The anger welling up around their ankles is the product of exasperation towards politically correct, morally arrogant, know-it-all, condescending urban sophisticates—people in other words just like themselves.The dominant political and cultural fault line—from Washington to Warsaw to Wangaratta—is not the divide between Left and Right, the proletariat and the bourgeoisie, workers and employers, or the haves and the have-nots. It is between insiders and outsiders. It is a clash between the cosmopolitan, socially liberal values of the tertiary-educated elite and the pragmatic, socially conservative outlook of the rest of society.”

The populism that inflicted Clive Palmer on Canberra and has now secured Donald Trump’s presidential nomination is not driven by cheap bigotries, as those it targets would have us believe. Rather, it is a clash between a dominant, insular elite and everyone else

San Diego La Raza Lawyers Association appears to have a strong ‘pro-Mexico’ agenda By Sierra Rayne

According to FactCheck.org, “it’s not accurate to call the San Diego La Raza Lawyers Association ‘very pro-Mexico’ or ‘very strongly pro-Mexican.'”

The same article claims that Donald Trump’s comments that U.S. district judge Gonzalo Curiel is a “member of a club or society very strongly pro-Mexican” are “an inaccurate description of a group for Latino lawyers and law students in San Diego.”

To clarify, membership in the San Diego La Raza Lawyers Association also includes judges, in addition to lawyers and law students, and one could reasonably argue that not only is it inappropriate, but it also potentially runs contrary to federal statues and the common law for sitting judges to be members of such activist organizations.

Luis Osuna, president of the San Diego La Raza Lawyers Association, is quoted as saying “[w]e have no pro-Mexico agenda.”

That doesn’t appear to be what the San Diego La Raza Lawyers Association’s social media feed shows.

On February 3, 2015, the organization tweeted, “Are you a member of House of Mexico? You can learn more about their great work below: http://fb.me/76CDut6Au.”

The House of Mexico, whose home page is the link the association tweeted, has a self-stated mission “to share, celebrate, educate and promote the rich art, culture, and history of Mexico.”

Then, on September 2, 2015, the organization tweeted, “SDLRLA supports House of Mexico San Diego” with an link to a Change.org petition to “Tell House of Pacific Relations that Mexico needs a stand-alone house in Balboa Park.” According to this petition being promoted by the San Diego La Raza Lawyers Association:

The continued attacks on Mexico and Mexicans must end. We say, “Basta! Enough!” Mexico deserves its own house in a prominent location.

If this doesn’t reflect a “pro-Mexico agenda” by the San Diego La Raza Lawyers Association, it will interesting to hear what does.

Trump, the Judiciary and Identity Politics Making an issue of Judge Curiel’s ethnicity was squalid—and the other side of a coin that liberals have played for years. Michael Mukasey

Federal Judge Gonzalo Curiel, who was born in Indiana to parents of Mexican origin and belongs to an association of lawyers of Mexican origin, is sitting on a case in the Southern District of California that charges fraud against Trump University. Donald Trump in recent days has attracted much attention by suggesting that Judge Curiel should be disqualified for bias because the judge’s rulings are adverse to Mr. Trump and because, in campaigning for the presidency, the candidate has criticized Mexicans and proposed building a wall on the southwest U.S. border.

Mr. Trump’s claim against Judge Curiel is both baseless and squalid, but some in the chorus of critics are not themselves entirely without fault.

First, let’s dispose of the recusal question. Two statutes bear on recusal of a federal judge; neither remotely supports Mr. Trump’s argument. One, and part of the other, treat recusal for bias in fact. To justify such a finding, the complainant must show that a judge has a financial interest in a case, or that the judge has a relationship with parties or lawyers in it. Sworn evidence of the judge’s personal bias or prejudice is another justification for recusal. No evidence of such bias—indeed no evidence at all—has been submitted to the court by Mr. Trump or his lawyers.
The remaining provision requires a judge to disqualify himself “in any proceeding in which his impartiality might reasonably be questioned.” The provision doesn’t require a formal motion, but directs the judge to act, if necessary, on his own, as he would if he had a financial interest of which he was aware.

There is case law on what circumstances suggest that a judge’s impartiality “might reasonably be questioned”—the key word of course being “reasonably.” A judge is enjoined to weigh the importance of public confidence in the courts against the distinct possibility that someone questioning his impartiality might simply be seeking to avoid anticipated adverse consequences of his presiding over the case.

That is, parties shouldn’t use recusal as a device to judge-shop. Because the job of a judge is to rule, and rulings necessarily favor one party or the other, adverse rulings—even a disproportionate number—generally are not considered evidence of partiality.

Race, religion and even gender have been used as suggested bases for “reasonably” questioning a judge’s impartiality. Thus black judges, particularly those with professional histories before they took the bench that included civil-rights work, have been asked to recuse themselves in civil-rights cases. A female judge in the Southern District of New York in 1975 was challenged in a sex-discrimination case, as was a Mormon judge in a 1984 case that allegedly involved the “theocratic power structure of Utah.” These challenges were rejected. CONTINUE AT SITE

In Robust Response to Tel Aviv Terror, Trump Rips ‘Uncivilized’ Palestinians Who Praised Attack

Presumptive Republican presidential nominee Donald Trump harshly condemned on Thursday the recent bloody terror attack in Tel Aviv, citing the teachings of anti-Israel hatred rampant in Palestinian society as a driving force behind the violence.

“I condemn, in the strongest possible terms, the outrageous terrorist shootings that took the lives of at least four innocent civilians and wounded at least twenty others in Tel Aviv yesterday,” he said in a statement. “The Israeli security forces’ investigation is ongoing, but some facts have already emerged — and they are grim.”

On Wednesday, two Hamas-affiliated terrorists, dressed in black business suits, entered the popular Max Brenner chocolate bar/cafe at the Sarona Market shopping complex. After sitting down and ordering food, the terrorists — who it was later determined hail from the village of Yatta near Hebron — opened fire. Before being neutralized by security guards, they managed to kill four people — two men and two women — and wound many more.

Trump slammed Gaza-based Hamas for its celebration over the attacks and the terrorists themselves. “Just as fast as the condolences arrive from the civilized world is the praise arising out of the uncivilized one. Hamas praised the attack, calling the attackers ‘heroes.’ Reports out of Hebron indicate that residents of the terrorists’ hometown lit up the night sky with celebratory fireworks,” he stated, adding that it was “despicable” that one Palestinian “news organization” called the attacks a “Ramadan treat.”

Israel Has Its Own Donald Trump, Cornel West Warns at Platform Committee Meeting: Nathan Guttman see note please

“Scholar and activist”????? The man is an oaf but quite comfortable in the Democrat party….rsk
Donald Trump is reviled by Democrats, but they give Trump-like figures such as Israeli’s defense minister a pass, complained scholar and activist Cornel West, before the Democratic Party’s platform committee.

“Trump-like figures in Israeli life” should be treated by Democrats just like Trump, said West, a member of the committee, during a hearing on foreign policy.

The otherwise sleepy hearing was the second in a two-day session that started on June 8. Presidential candidate Bernie Sanders selected West and four others to represent him on the committee, and West’s comments reflected Sanders’s wish that the party raise the profile of Palestinian suffering and rights in its language on the Israeli Palestinian conflict.

“Why can we focus on xenophobes here, and seem to be so reluctant to call out xenophobes in Israel and other places?” asked West, who is known as a critic of Israel. He went on to inquire whether “if there were a Palestinian occupation of Jewish brothers and sisters would we respond the same way?”

He took issue with strongly pro-Israel testimony given by former Florida congressman Robert Wexler, asking him to agree to include of the term occupation in the party’s platform. America’s commitments to its allies, West said, “can never be predicated on occupation.” He then asked members to “agree that life of Palestinian baby is just as valuable as Jewish baby.”

But he did so in much more forceful way than articulated by the Vermont senator, accusing the Democratic Party of being “beholden to AIPAC,” the pro-Israel lobby, “for too long.”

When Leftists Believe the Race of a Judge Matters A brief look at the most egregious examples from the last 40 years. Ann Coulter

Annoyed at federal judge Gonzalo P. Curiel’s persistent rulings against him in the Trump University case (brought by a law firm that has paid hundreds of thousands of dollars for speeches by Bill and Hillary), Republican presidential nominee Donald Trump said that maybe it’s because the judge is a second-generation Mexican immigrant.

The entire media — and most of the GOP — have spent 10 months telling us that Mexicans in the United States are going to HATE Trump for saying he’ll build a wall. Now they’re outraged that Trump thinks one Mexican hates him for saying he’ll build a wall.

Curiel has distributed scholarships to illegal aliens. He belongs to an organization that sends lawyers to the border to ensure that no illegal aliens’ “human rights” are violated. The name of the organization? The San Diego La Raza Lawyers Association — “La Raza” meaning THE RACE.

Let’s pause to imagine the nomination hearings for a white male who belonged to any organization for white people — much less one with the words “THE RACE” in its title.

The media were going to call Trump a racist whatever he did, and his attack on a Hispanic judge is way better than when they said it was racist for Republicans to talk about Obama’s golfing.

Has anyone ever complained about the ethnicity of white judges or white juries? I’ve done some research and it turns out … THAT’S ALL WE’VE HEARD FOR THE PAST 40 YEARS.

The New York Times alone has published hundreds of articles, editorials, op-eds, movie reviews, sports articles and crossword puzzles darkly invoking “white judges” and “all-white” juries, as if that is ipso facto proof of racist justice.

Two weeks ago — that’s not an error; I didn’t mean to type “decades” and it came out “weeks” — the Times published an op-ed by a federal appeals judge stating: “All-white juries risk undermining the perception of justice in minority communities, even if a mixed-race jury would have reached the same verdict or imposed the same sentence.”