Demolition Ranch Matt bought some cheap Chinese body armor off a website and started shooting it with a variety of different calibers.
Most of it didn’t fare well.
Caveat emptor…
Demolition Ranch Matt bought some cheap Chinese body armor off a website and started shooting it with a variety of different calibers.
Most of it didn’t fare well.
Caveat emptor…
On the way out the door, the Trump Administration made one more stab at moral clarity by declaring China’s treatment of their Uighur minority was genocide:
The world has watched with shock over the past three years as the Chinese Communist Party constructed a vast, racist system of concentration camps, forced labor, and high-tech surveillance in the far-Western region of Xinjiang. Now, the U.S. government has decided to call these multifaceted horrors what they are: Crimes against humanity and genocide.
“Since the Allied forces exposed the horrors of Nazi concentration camps, the refrain ‘Never again’ has become the civilized world’s rallying cry against these horrors,” said Secretary of State Mike Pompeo in a statement announcing the decision. “Just because an atrocity is perpetrated in a manner that is different than what we have observed in the past, does not make it any less an atrocity.”
The barbaric conduct that Pompeo has now deemed crimes against humanity and genocide stems from the Communist Party’s desire to annihilate the Uyghurs and other Turkic Muslims it has sought to supplant with Han Chinese settlers. As senior administration officials put it this afternoon, China’s actions aren’t at first blush the same as the mass killings at Srebrenica and in Rwanda. They are instead “a very patient evil,” designed to erase the Uyghurs over time through methods both tried-and-true and experimental.
Since “there’s no evidence of systematic mass murder,” says Adrian Zenz, the researcher who has unearthed many of the revelations that led to today’s announcement, the Party’s forced-sterilization campaign “is the strongest piece of evidence, by far” of China’s genocidal campaign. It also seems to have had a huge influence on Pompeo, who, in a Wall Street Journal op-ed today, called it “key in my determination that the atrocities in Xinjiang rise to the level of genocide.”
As I mentioned previously, China’s forced sterilization campaign violates Article II of the UN Convention on the Prevention and Punishment of the Crime of Genocide:
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
Sadly, given Hunter Biden’s documented payoffs from China, my expectation is that the incoming Biden Administration will sweep Chinese under the rug…
Update: Incoming Biden Secretary of State Antony Blinken, when asked if China’s treatment of Uighurs was genocide, said “That would be my judgment as well.” We’ll see if any actions flow from those words…
In a follow-up to last week’s story about the NRA declaring bankruptcy and reincorporating in Texas, John Richardson of No Lawyers—Only Guns and Money sent me a link to this piece, in which bankruptcy lawyer Adam Levitin analyses the gambit, and brings up several potential pitfalls in carrying it off.
This is going to be one heck of an interesting case. There are already so many glaring issues (or should I say “targets”?): venue, good faith filing, disclosures, the automatic stay the trustee question, fiduciary duties to pursue claims against insiders, executory employment contracts, the fate of Wayne LaPierre, and the generally overlooked governance provisions of the Bankruptcy Code. I’ll take quick aim at these all below.
Venue. Right off the bat, there’s a question of what the heck the NRA is doing filing in Dallas. The answer is that the NRA is engaged in one of the most blatant forum shopping maneuvers I’ve seen. The NRA is a New York non-profit corporation with its headquarters in Virginia. The NRA is claiming Dallas venue on the basis of an affiliate’s previous filing in the district. In other words, venue is only proper for the NRA if the venue is proper for the affiliate.Therefore, the propriety of the affiliate’s venue is what matters.
The affiliate is a sole-member Texas LLC called Sea Girt LLC that was only created 52 days ago, on November 24, 2020. Sea Girt’s bankruptcy petition indicates that it has less than 49 employees, under $50,000 in assets and between $50,000 and $100,000 in liabilities. Note that the petition form does not have an option of listing “zero” employees. Sea Girt’s petition does not include a completed Form 204, which would list is largest non-insider unsecured creditors. But I’m going dollars to donuts that Sea Girt does not have any outside creditors other than perhaps its law firm, and that it does not actually carry on any business.
Now the bankruptcy venue statute prescribes the appropriate venue as being the district in which the “domicile…of the entity that is the subject of such case [has] been located for one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than the domicile … of such person were located in any other district.” So even though Sea Girt LLC has not been in existence for 180 days, the statute still provides for a Texas venue. But the venue here is so obviously contrived and the NRA has no particular connect to Texas, so I expect there to be an attempt to have the case transferred to SDNY.
Good faith filing. A second immediate issue seems to be whether the NRA (and Sea Girt) filed in good faith. Every circuit including the 5th) has a good faith filing doctrine. The doctrine in a nutshell is that if a bankruptcy case does not have a “valid reorganizational purpose,” it should be dismissed “for cause.” Attempting to evade liability in litigation is not a “valid reorganizational purpose,” and the NRA’s press release seemed to me a version of the press release in SGL Carbon, the leading 3rd Circuit good faith filing doctrine case. In SGL Carbon, the debtor foolishly said that it was filing for bankruptcy just to stiff a competitor that had an antitrust suit against it and assured its other creditors that they would be paid in full. That sounds an awful lot like “dumping New York” while saying that all valid claims will be paid in full. (My students might recall me cautioning them that a debtor’s attorneys should insist that they get to sign off on all press releases and communications related to the bankruptcy for just this reason…) Now, the NRA isn’t looking to avoid paying NY. Instead, it is looking to escape NY’s jurisdiction. But that seems a distinction without a difference. It isn’t hoping to use bankruptcy to reorganize its finances, but to get out of the lion cage.
Snip.
Disclosure. Filing for bankruptcy is a bit like entering a fishbowl. Everything is on display. First, creditors are entitled to conduct an “examination of the debtor” under oath at the initial meeting of the creditors (the “341 meeting.”) Additionally, an individual creditor may under Bankruptcy Rule 2004 undertake an examination of the debtor. (And that includes creditors who are creditors by virtue of by claims–that could include gun-control groups among others.) There’s certainly room there for questions that get to the reasons for filing, namely whether there was any financial reason for filing.
Automatic Stay? Another issue is whether the bankruptcy filing will in any way stop the NY AG’s action to dissolve the NRA. At the very least, the automatic stay should not. There is an exception in section 362(b)(4) from the stay for regulatory actions that are not seeking money from the debtor, and the NYAG suit seems squarely in that exception. It’s possible that the NRA will seek a supplementary injunction from the bankruptcy court, however.
Trustee or Conversion. While I would expect a venue motion or a motion to dismiss the case, I would also expect a motion for appointment of a trustee or conversion to chapter 7 (which would trigger a trustee). The NRA seems like a classic case for this—there are credible allegations of serious financial impropriety involving the current management (namely executive VP Wayne LaPierre). That both fits into the “fraud, dishonesty, incompetence, or gross mismanagement” route for a trustee’s appointment, or into the “best interests of the creditors” route. Two key things if a trustee is appointed. First, the trustee will hold the NRA’s attorney-client privilege, not Mr. LaPierre. Mr. LaPierre will not be able to claim privilege for any conversations he had with the NRA’s attorneys. Second, a trustee has every incentive to pursue all of the NRA bankruptcy estate’s claims, including against Mr. LaPierre. That brings us to the next topic, the debtor in possession’s fiduciary duties.
Fiduciary duties. The NRA as debtor in possession is a fiduciary for all of its creditors. That means, among other things, that if the NRA has potential claims against Mr. LaPierre or others, including fraudulent transfer claims, it must pursue them. Mr. LaPierre as EVP cannot decide whether to litigate against himself. If he’s too conflicted, that will mean that the court will either have to appoint a trustee or let a creditors’ committee pursue the claims.
Snip.
The fate of Wayne LaPierre. Putting aside Mr. LaPierre’s employment contract, he’s got another problem. The NY AG suit isn’t just against the NRA. It’s also against Mr. LaPierre and some of his lieutenants. LaPierre and his lieutenants have not filed for bankruptcy, and even if the NRA is able to convert to a Texas corporation, the NYAG’s suit against Mr. LaPierre can still proceed. The NYAG is seeking restitution from LaPierre as well as a bar from his ever soliciting funds for a nonprofit in NY (not just for a NY nonprofit). Moreover, if NY is successful, it might well create problems for LaPierre serving as an officer of a nonprofit in another state. All of which is to say that the NRA fleeing to Texas doesn’t address Mr. LaPierre’s problems.
Once again, LaPierre is the millstone dragging down the NRA. The best outcome would be for the NRA to successfully reincorporate in Texas…but without LaPierre and his cronies bleeding the organization dry.
If I were still doing BidenWatch, this piece would be a top link. It’s the story of why a hardcore anti-Trumper switched to being anti-Biden. The hook is that the writer is an ex-cocaine addict, and thus has an ideal vantage to talk about what the media is hiding from us about Hunter Biden:
At this exact moment I was still a zealous 100% anti-Trumper, willing to vote for anybody but Trump, even the Easter Bunny. Further, I thought that poor old Rudy Giuliani had completely lost his marbles. He was running around in the Ukraine acting all crazy. Looking for what? Maybe the Abominable Snowman?
And right here, at this exact moment one year ago, is when my faith in Biden, as the “anybody” in “anybody but Trump”, cracked.
As I was joking with my friend, and reading all this stuff about Hunter’s multiple trips to rehab, his binges, his dating his brother’s widow, his getting a stripper pregnant while dating his brother’s widow, and cheering it all on in locker-room style… that’s when the penny dropped.
From my own experience, there is no such thing as a functioning cocaine addict. The worse it gets, the faster it gets worse. One cannot function like that — at all. You lose stuff and break phones constantly. You’re always scrambling around trying to swindle some cash somehow, from this person and that; and then you’re trying to chase around your dealer; and then you’re getting your spot organized, so you can hide out and get high; plus you’re getting whatever else you might need.
Then you spend maybe 3–5 days getting deliriously high. Then a couple days deliriously tired and sleeping. You’re always moving in and out of hotels, and always losing stuff in the process. Plus, all the physical ailments — the puking, the paranoia, the eating, and the not eating. Wash, rinse and repeat. This is why crack houses looks like crack houses. Hunter is lucky to be alive, but there is no chance he’s been doing any work. None at all.
I lived this life so I know it, and it occurred to me right then — and this being about one year ago — that if Hunter’s addiction is worse than mine was, then he couldn’t bag a ham sandwich on a good day, and even when he could, he would be busy doing other things anyway. So there is no way he did any work whatsoever for Burisma. It is mathematically impossible. So, then, the question to me was, does it overlap? And, yes it does. His spiral started with his expulsion from the Navy in 2013, and carried on until 2019.
Snip.
Hunter’s Addiction Timeline Versus Bursima
Hunter served on the Burisma board from April 2014 until April 2019.
Here is what was going on in his life at that time:
Feb 2014 — discharged from Navy for cocaine use
Jun 2015 — Beau Biden’s funeral
Jul 2015 — checks in to Caron Treatment Centers
Aug 2015 — his name is among those leaked in Ashley Madison data breach
Oct 2015 — Kathleen Biden files divorce
Feb 2016 — checks in to Kolmac Outpatient Recovery Center
Aug 2016 — begins dating his dead brother’s widow
Oct 2016 — checks in to Grace Grove
Jan 2018 — gets stripper pregnantI have no doubt, in my own heart, that Hunter couldn’t function in any way amid circumstance like these, and I think this timeline establishes that pretty clearly.
He looks at Hunter’s resume:
Every job on there was either a hook-up from his dad (MBNA, Dept Commerce, Amtrak, Navy) or has a huge conflict of interest embedded in it (Oldaker, Biden & Belair, Rosemont Seneca, and Burisma). The Amtrak job is a total handout. Hunter is 50 years old and he has never held any of these jobs for that long — i.e. it is job after job after job. So, then, Burisma paid him $80,000 a month for what?
Lying Through His DenturesThe media have gone so easy on Biden, dancing around Burisma. George Stephanopoulos, who ran Bill Clinton’s presidential campaign in 1992 and subsequently became White House communications director, didn’t come near this one at that “Wag the Dog” debate the other night. My mom asks me tougher questions these days, “Christian, what did you have for dinner?” The entire press corps have given Biden a 6 month “get out of jail free card” on this obvious hot spot, and that’s precisely because they know it is a hot spot.
And then come the Joe Biden evasions:
This is what flipped me to Trump:
Question: Hunter Biden, your son, was getting paid a lot of money to serve on the board of a Ukrainian energy company facing serious corruption charges. You were the Vice President, running point on the Ukraine. The Average Joe hears that and says ‘that sounds fishy.’ What’s your understanding of what your son was doing?
Answer: I don’t know what my son was doing. I know he was on the board. I found out he was on the board after he was on the board. And that was it.
[Ok, like my mom couldn’t give you at least some thumbnail sketch of what I do for a living? Of course she can. Hunter “worked” at Burisma for 5 years, and he has no clue at all what he did? This is a barefaced lie.]Re-direct Question: Well you’ve had a lot of time, isn’t this something you want to get to the bottom of?
Answer: No, because I trust my son.
[This is where he lost me forever. There is a joke told in rehab: what’s the difference between a drug addict and an alcoholic? The drug addict will help you look for your wallet. I pawned my ex-wife’s jewelry and told her I was having it cleaned. You shouldn’t have trusted me any further than you could have thrown me back then. He doesn’t trust his son — that’s total BS. And if he does trust his son, after 30 years of drug addiction, then he’s the dumbest man on the planet. But the American public absolutely should not be asked to trust a drug addict. Period. This answer is manipulative, evasive and totally dishonest.]Re-direct Question: That doesn’t pass the smell test, like when you’re Vice President, isn’t there a higher standard? Don’t you need to know?
Answer: No! Unless there was something that is on its face wrong. There’s nothing that was on its face wrong.
[Another barefaced lie. Everything is wrong on its face here. As Vice President, he was assigned to the Ukraine. His son, meanwhile, has a huge conflict of interest in a job with a Ukrainian oil company that pays him way too much, and that he is unqualified for, and that he absolutely cannot perform due to the disability of his drug addiction. Everything is wrong with that.]Answer-continued: Look, if you wanna talk about problems, let’s talk about Trump’s family. I’m mean come on! This is, you guys are amazing… [sneer]
[His here deflection implies this: ‘ok, yes, fine, we are corrupt, but so are they!’ His anger betrays his guilt. The reason there is no answer, is that there can be no answer. Joe Biden has been bought and sold.]Hunter’s Never Ending Spending
Why is divorce so expensive? Because it is worth it.
Why is a drug habit so expensive? Because you have to buy all the drugs, plus you have to buy all the other things you need, which in Hunter’s case is often hotels and professional company, plus there is the cost of all the crashed cars, broken mobile phones, lost property, late fees, etc that drug addict leave in their wake. Meanwhile, all your normal household expenses continue to accrue. Bottom line: being a drug addict sucks money out of your bank account like a bathtub with four drains.
Hunter has a divorce and a drug habit, and then some…
His itemized expenses in the last 3 years:
— a long-standing drug habit
— a divorce from a wife with whom he had three kids (2017)
— a $450,000 tax lean that he satisfied in 6 days (2020)
— a paternity settlement (2020)
— a $2.5 million home purchase in LA (2019)
— a recent marriage (2020)
— a fifth child on the way (2020)A quick question… where is all this money coming from?
He concludes:
Drug addicts are not fit for work, and if Joe Biden putting his son to work while he was in downward spiral is what gets him busted, well then, it would be just desserts. If Biden was any kind of father, he should have cut his son off a long time ago and said, “Call me back when you get sober kiddo.”
Trump might be a jerk, but he doesn’t treat his kids like that. Trump may be a jerk but he never sold American influence for a price.
Apparently the media prefers a soulless fraud with a nice pair of dentures and a pressed suit who says oh so often “I care about you.” In the last election, a bombastic showman played the media like a fiddle to steal the show, and in this election the media is stealing America back, so they can return it to the hands of its rightful owner, a hollow hooker with a good smile who will sell it to which ever foreign interest is willing to pay the highest price for the night.
Read the whole thing, and especially take a look at that eye-opening picture of one of Hunter’s hotel rooms…
(Hat tip: Octothorpe Drakonidae on Gab.)
The National Rifle Association announced Friday that it has filed for bankruptcy and will move out of New York and restructure the organization as a nonprofit in Texas.
The nation’s leading gun rights advocacy group said that the move to Texas will enable the group to “exit what it believes is a corrupt political and regulatory environment in New York.”
“By exiting New York, where the NRA has been incorporated for approximately 150 years, the NRA abandons a state where elected officials have weaponized the legal and regulatory powers they wield to penalize the Association and its members for purely political purposes,” the NRA said in a statement.
New York Attorney General Letitia James filed a lawsuit seeking to dissolve the NRA in August, alleging that senior leaders of the group misused tens of millions of dollars, diverting the funds for personal use and other illegal purposes.
The NRA denied the allegations and filed a lawsuit of its own against James, accusing her of violating the group’s free speech rights and requesting that her investigation be blocked. The move to Texas and restructuring of the group could prevent the New York attorney general from seeking the dissolution of the group.
The group filed Chapter 11 petitions in U.S. Bankruptcy Court in Dallas, listing assets and liabilities of $100 million to $500 million.
There are a lot of good reasons for the NRA to move from New York to Texas apart from the lawsuit (though that’s a pretty big one), but it won’t be restored to a fully functioning organization until Executive Vice President Wayne LaPierre is gone.
The NRA has been in crisis for over a year because LaPierre has engaged in what appears to be systematic looting through contracts to media company Ackerman McQueen and other entities that seem very, very chummy with LaPierre:
This 100-page document…contains unprecedented disclosures of where the money categorized as expenditures for “fund-raising” and “public relations” actually went. For example, it was revealed for the first time the Mercury Group, an Ack-Mac subsidiary run by LaPierre’s closest confidant, Tony Makris, received $5.8 million from NRA in that year; another Makris-run company, Under Wild Skies, got $2.6 million. Meanwhile, NRA has nearly exhausted its $25 million credit line (secured by a mortgage on its headquarters building), liquidated $2 million from an investment fund, borrowed close to $4 million from its officers’ life insurance policy and extracted about $5 million in office rent and overhead from the NRA Foundation.
This, in the same year that NRA’s 10 highest-paid executives received compensation aggregating over $8 million.
Unfortunately, the NRA is structured so that LaPierre has more institutional power than the NRA’s elected President, something Oliver North found out. The NRA needs LaPierre out and a forensic audit to uncover past abuses before gun owners give it another dime. I’ve let my membership lapse because of the crooked self-dealing on display by LaPierre and his cronies, and I suspect there are millions of other gun owners like me. Instead I joined Gun Owners of America, because I know my membership fees won’t be going to line Wayne’s pockets.
No Lawyers – Only Guns and Money has been following every twist and turn of the NRA/LaPierre problems for years, so go over there and start reading if you want all the deep background on the situation.
Sorry my headline language is so salty this week, but some ideas are so stupid they require profanity.
This applies to the idiot Democrats pushing the second impeachment, though baseline Dem idiocy is already baked into their cake. My real ire is reserved for the functionaries of Conservatism Inc. who have signed on to this bullshit.
Donald Trump leaves office in SIX! FUCKING! DAYS! Instead of letting time take its course, the vainglorious fuckwits of our corrupt kleptocracy have decided that the previously rarely employed machinery of constitutional impeachment must be deployed for the ultimate exercise in masturbatory virtual signaling.
Mitch McConnell has stated that he will not agree to an emergency senate hearing, so there is no way Impeachment Farce 2: Virtue Signaling Boogaloo will get Trump out of office one second sooner than his constitutionally defined four years. Plus the idea that a second impeachment trial can be completed after he’s left office to disqualify him from ever holding office again is a constitutional crock.
Keep in mind, I’m not a dyed-in-the-wool Trump acolyte. I was for Ted Cruz in the 2016 Republican primaries, I don’t think Trump has been a perfect President, I don’t think he’s been sent by God, I don’t think he’s made much measurable progress in draining the swamp, and I didn’t think the January 6th shenanigans was a good idea even before it went south.
But the idea that clown show was an “insurrection” is risible bullshit. Like the Ukraine call, the Democratic Media Complex must assert that some particular bit of Trumpian communication that rubbed them the wrong way counts as a high crime.
And now the conserving conservatism crowd are running around proclaiming how this was the last straw and they must impeach a guy out of office next week because they’re just so mad at how that villain Trump has soiled their sacred honor, and how they can’t wait to return to the former glory of their back-slapping cruise mingles without the worry that some of the peasants in steerage might get tired of their non-stop failure to deliver on their promises of conservative governance. (I may be paraphrasing their arguments a wee tad.)
This is why they can’t allow any examination of evidence of fraud in the 2020 election: Because it would require them actually take a stand. And we can’t have that, can we?
Fuck each and every single Republican pushing for this cubed farce of an impeachment.