After the U.S. Department of Justice (DOJ) proposed a new rule expanding federal firearm license (FFL) requirements, the Office of the Texas Attorney General and Gun Owners of America filed a joint lawsuit challenging the rule, and on Sunday secured a federal court order blocking the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) from enforcing the rule against certain plaintiffs.
The DOJ claimed the rule was to help implement the Bipartisan Safer Communities Act (BSCA) authored by Sen. John Cornyn (R-Texas), but critics, including Cornyn, say the Biden administration violated the law and the Constitution in proposing the rule.
The rule has prompted Cornyn to file a resolution of disapproval in the U.S. Senate seeking to strike it down legislatively.
Under the rule, gun owners would be forced to obtain an FFL and perform background checks before selling firearms in a wide range of new circumstances, including if they rented a table at a local gun show.
However, the court order by Judge Matthew Kacsmaryk compares the language of the BSCA against the new rule, highlighting how FFL requirements evolved from the original statute contained in the Firearm Owners Protection Act (FOPA) of 1986 to the current statutory language in the BSCA, and finally compared that to the new rule.
The FOPA required those “engaged in the business” of dealing firearms to have an FFL. It defined such persons as one “who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms.”
The BSCA changed the “engaged in the business” definition, broadening it by eliminating the requirement that a person’s “principal objective” of purchasing and reselling firearms must include both “livelihood and profit,” by shortening the requirement to just someone who predominantly earns a profit, Kacsmaryk explained.
He also noted the BSCA did not alter an existing exemption for a person who “makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.”
Kacsmaryk wrote the new rule likely violated statutory laws in several ways, beginning with the requirement that a person who sells a single firearm or discusses selling a firearm could be subjected to licensure requirements under the rule conflicts.
Another provision he said likely runs afoul of the BSCA is the prohibition of firearms obtained for personal protection from being counted among the guns a firearm owner may sell from their personal collection.
“Nothing in the foregoing text suggests that the term “personal collection” does not include firearms accumulated primarily for personal protection — yet that is exactly what the Final Rule asserts,” Kacsmaryk wrote, adding the DOJ’s defense of that provision is “untenable.”
“I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” Paxton said in a statement on the order. “The Biden Administration cannot unilaterally overturn Americans’ constitutional rights and nullify the Second Amendment.”
en. John Cornyn (R-Texas) took up two pieces of Second Amendment-related legislation last week, filing a resolution of disapproval aiming to shoot down a proposed rule by the Biden administration to require federal firearms licenses (FFL) for most private gun sales, and a separate bill seeking to relax taxes imposed on firearms regulated under the National Firearms Act (NFA).
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) proposed a rule that greatly expands the circumstances in which someone is required to hold an FFL in order to sell a firearm, and when someone must conduct a background check on a potential buyer.
In proposing the rule, the Department of Justice (DOJ) said its purpose was to finalize the implementation of the Bipartisan Safer Communities Act (BSCA), legislation authored by Cornyn that passed in 2022. However, Cornyn says the rule violates congressional intent.
The rule would greatly expand upon the circumstances in which someone is required to obtain an FFL, including if they rent a table at a gun show, make firearm purchases in an amount that exceeds their reportable income for a specific period of time, create records that track profits and losses from firearm sales, or any combination of a litany of details that could result in requiring a license.
According to Cornyn, the BSCA was motivated after the mass shooting at Robb Elementary School in Uvalde that killed 19 children and two teachers. He also provided the mass shooting in Odessa as an example of what the bill was intended to prevent.
Addressing media questions regarding the resolution, Cornyn pointed out that the Odessa gunman was known to suffer from mental illness. He obtained the rifle used in the city-wide shooting spree from a Lubbock man who was purchasing bulk rifle parts from the internet, which he would assemble into functional rifles and sell as part of a regular business.
The man who sold the AR-15-style rifle to the Odessa gunman, Marcus Braziel, was convicted of acting as an unlicensed firearm dealer and failing to conduct a background check that would have prevented the sale of the rifle.
“Those making a living or profit for a business motive was the focus of the law, not those casually buying or selling their personal guns,” Cornyn told reporters.
“This rule is proof that the Biden administration is a dishonest broker, and Congress must hold it accountable for its actions in favor of its gun-grabbing liberal base over the Constitutional rights of law-abiding Americans,” Cornyn added in a statement on the resolution.
The resolution currently has 45 co-sponsors in the Senate.
The NRA has some new officers, and there are a few surprises.
Bob Barr representing the Old Guard did win the Presidency. The vote was 37-30. Then the surprises began. Bill Bachenberg from the reform slate went head to head with Blaine Wade for 1st VP and won 36-31. Following that, reformer Mark Vaughan, president of the Oklahoma Rifle Association, beat Tom King 35-31. King really represented the Old Guard and his defeat was a sea change in attitude on the Board.
Second, and what I consider the biggest surprise, Doug Hamlin, Executive Director of Publications and the reformer’s choice for EVP, beat Ronnie Barrett for EVP/CEO. There is some talk that Hamlin is intended as an interim choice while a nationwide search is conducted.
The excessive power that Wayne LaPierre gathered to the Executive Vice President position is part of the problem with the office, and is what let LaPierre turn the NRA into his own personal fiefdom. A lot of that should be stripped away and returned to the board.
More NRA news: The move to Texas resolution failed. Short term, there’s no question that move to Texas was planned as a Hail Mary to extract LaPierre from the legal troubles his corruption had ensnared the NRA in, and in that it failed. Long term, it probably is in the best interest of the NRA to move to Texas, as the state is a lot more friendly to gun rights, both politically and culturally, than either New York or Virginia.
And speaking of NRA news, I would be remiss if I didn’t point out that Dwight covered his trip to the convention, so if you’re interested in that, head over there and just keep scrolling.
It may be a stretch to say that everyone’s favorite bombastic Brit petrolhead-turned-farmer is saving UK farming, but he certainly seems to have drawn attention to its post-Brexit, regulation-strangled plight.
“In 2008, during the peak of Top Gear, Jeremy bought a thousand acres of land and farm called Curdle Hill Farm in Oxfordshire England, near Chipping Norton in the Cotswalds. The land came up for sale during the 2008 financial crash and was going for a lot cheaper than usual. When I say ‘cheaper,’ I mean £4.25 million.”
Clarkson: “The truth of the matter was that land almost never comes up for sale around here, and 2008 was the big financial crash, and this came up for sale, and I just thought ‘nobody’s making more land,’ so many people are moving out from London. But it was a lot, lot, lot, lot, lot less then, so I just thought ‘may as well get it.'”
Also for something to leave to his children, since you don’t pay estate taxes on agricultural land.
The guy Clarkson was paying to farm the land for him retired in 2019. That and Flu Manchu gave birth to Jeremy Clarkson, Novice Farmer and newly rechristened Diddly Squat Farm.
I’m going to skip over the details of his farmhouse renovation…
…and note that the new house has a basement theater, among other amenities, so he’s not exactly roughing it.
“Due to the weather, the farm’s crops brought in £90,000 less than the previous year, leaving them with only a profit of £144.”
“When the show released the following year Clarkson’s Farm became the most watched Prime Video Original Series in the UK.” It’s also been at the top of the ratings heap in the U.S. as well, getting much better ratings than things like The Rings of Power, which has to be something like one or even two orders of magnitude more expensive to film.
Clarkson: “What’s happening to farming in this country is ethnic cleansing. That’s a strong thing to say, but it sort of is happening. The government is trying, really, to drive farmers off their land.”
“In five years, the subsidies, the grants, are stopping, so farms have to think of new ways of making money.”
Another farmer: “Most farmers like me are 66 years old. We’re throwing in the towel. Let’s just take the government money. It won’t be our problem if people starve.”
“We’ve been paid to grow wild flowers. We need to have food produced and made in the UK, but people say well we can import from aboard. The same madness is happening in Europe, they’re asking farmers to plant wild flowers instead of food.” This appears to be done under a Sustainable Farming Incentive program, which offers subsidies for “Flower-rich grass margins, blocks, or in-field strips” and “Herbal leys.”
One of the continuing plotlines on Clarkson’s Farm is how the local council opposes every single one of Clarkeson’s money-making farm enhancements in the name of “tradition,” from a farm shop selling locale produce to a restaurant using the farm’s ingredients. This makes for great TV, but I can only imagine how difficult such a battle would be for a farmer without Clarkeson’s fame and resources.
“Clarkson has done more for the farming community to bring attention to their case with just two seasons than any farming organization has done in decades.”
“Farmers across the world have praised the show for highlighting the struggles they have to go through.”
“The many bases that this show covers is pretty incredible, from animal conservation, bureaucratic jargon, climate change, and just generally detailing how difficult it is to run a farm, especially in these current times.”
“It’s educated the masses about an industry that gets easily neglected, despite its glaringly obvious necessity.”
Someone needs to save farmers, not just in the UK but here as well, from the global warming fanatics who would drive them out of business.
A coalition of Republican-led states is suing the Biden administration and the State of California in an attempt to prevent new electric vehicle mandates on truck owners and operators throughout the country from going into effect.
Two legal challenges were filed over the new emissions rules, Nebraska Attorney General Hilgers said in a statement on May 13.
They include a petition for review filed by a coalition of 24 states in the U.S. Court of Appeals for the D.C. Circuit which challenges the Biden administration’s new regulation setting stronger greenhouse gas emissions standards for heavy-duty vehicles.
Texas isn’t mentioned in the article, but it is in the filing:
Under 42 U.S.C. § 7607(b)(1), Federal Rule of Appellate Procedure 15, and D.C. Circuit Rule 15(a), the States of Nebraska, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming petition this Court for review of the final agency action taken by Respondents United States Environmental Protection Agency and Michael S. Regan, in his official capacity as Administrator of the United States Environmental Protection Agency, titled “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles—Phase 3,” published at 89 Fed. Reg. 29,440 (April 22, 2024). A copy of the agency action is attached to this petition.
Petitioners will show that the final rule exceeds the agency’s statutory authority and otherwise is arbitrary, capricious, an abuse of discretion, and not in accordance with law. Petitioners thus ask that this Court declare unlawful and vacate the agency’s final action.
That petition lists the U.S. Environmental Protection Agency (EPA) and its administrator Michael Regan as defendants.
In the legal filing, plaintiffs argue the EPA’s rule imposing stringent tailpipe emissions standards for heavy-duty vehicles effectively forces manufacturers to produce more electric trucks and fewer internal combustion trucks.
The EPA has said the new rules, which are set to take effect for model years 2027 through 2032, are needed to help combat climate change and will help avoid up to 1 billion tons of greenhouse gas emissions over the next three decades.
However, the infrastructure needed to support such vehicles is “virtually nonexistent” and they also have shorter ranges and require longer stops, according to Mr. Hilgers.
The new regulation will also negatively impact the economy and put extra pressure on power grids, according to the lawsuit.
A separate coalition of 17 states and the Nebraska Trucking Association also filed a lawsuit in the U.S. District Court for the Eastern District of California seeking to block a package of regulations that they say are “targeting trucking fleet owners and operators.”
That lawsuit lists the EPA and the California Air Resources Board as defendants.
Plaintiffs in the lawsuit are challenging a string of California regulations called “Advanced Clean Fleets” which aims to “accelerate a large-scale reduction in tailpipe emissions focusing on zero-emissions medium- and heavy-duty vehicles,” according to the California Air Resources Boards’s (CARB) official website.
The rules would ban big rigs and buses that run on diesel from being sold in California starting in 2036.
Nebraska AG Mike Hilgers seems to be walking point on this one but, as usual, Texas is joining in another lawsuit against Biden Administration regulatory overreach.
Better to get this law thrown out now than to wait until food become unaffordable because there aren’t enough reliable trucks to deliver it…
Texas Attorney General Ken Paxton, alongside Kansas Attorney General Kris Kobach and Gun Owners of America Texas director Wes Virdell, held a press conference on Wednesday morning announcing the filing of two lawsuits against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regarding new rules about private firearm sales.
U.S. Attorney General Merrick Garland announced new rules adding definitions of certain terms under the Safer Communities Act that will expand the circumstances requiring individuals to obtain Federal Firearm Licenses (FFL) and perform background checks to sell guns. This is to close the so-called “gun show loophole,” which has been a priority for the Biden administration.
If they are talking about the Bipartisan Safer Communities Act of 2022, there’s absolutely nothing in the text of the act about closing any “gun show loophole.”
Texas’ lawsuit was filed on the morning of May 1, 2024 in the United States District Court for the Northern District of Texas, Amarillo Division. It was filed by Texas with the states of Louisiana, Mississippi, and Utah; Jeff Tormey; Gun Owners of America; Gun Owners Foundation; Tennessee Firearms Association; and the Virginia Citizens Defense League also listed as plaintiffs.
Kansas’ lawsuit was filed on the morning of May 1, 2024 in the United States District Court for the Eastern District of Arkansas, Delta Division. It was filed by Kansas alongside the states of Arkansas, Iowa, Montana, Alabama, Alaska, Georgia, Idaho, Indiana, Kentucky, Missouri, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Virginia, West Virginia, and Wyoming, with Phillip Journey, Allen Black, Donald Maxey, and the Chisholm Trail Antique Gun Association also listed as plaintiffs.
Both lawsuits seek declaratory and injunctive relief.
“Today, Texas is leading a multi-state coalition that is suing to stop the final rule issued by the ATF that criminalizes private firearm sales. Biden’s latest effort to unilaterally curtail our constitutional rights is completely illegal,” said Paxton in his speech.
“Yet again, Joe Biden is weaponizing the federal bureaucracy to rip up the Constitution and destroy our citizens’ Second Amendment rights. This is a dramatic escalation of his tyrannical abuse of authority. With today’s lawsuit, it is my great honor to defend our Constitutionally-protected freedoms from the out-of-control federal government.”
Kobach also spoke at the announcement of the lawsuits.
“Biden’s latest attempt to strip away the Second Amendment rights of Americans through ATF regulations will make many law-abiding gun owners felons if they sell a firearm or two to family or friends. This rule is blatantly unconstitutional. We are suing to defend the Second Amendment rights of all Americans,” said Kobach.
“Until now, those who repetitively purchased and sold firearms as a regular course of business had to become a licensee… This rule would put innocent firearm sales between law-abiding friends and family members within reach of federal regulation,” the Kansas court filing reads. “Such innocent sales between friends and family would constitute a felony if the seller did not in fact obtain a federal firearms license and perform a background check.”
While not at the announcement, the attorneys general of Utah and Mississippi both offered statements in the lawsuit’s press release.
“Nearly 40 years ago, Congress condemned ATF for targeting innocent gun owners instead of focusing on felons, calling ATF’s actions ‘reprehensible.’ Congress even changed the law to limit ATF’s authority. But ATF is at it again, this time trying to require a citizen selling even a single firearm to obtain a license. Utah is proud to join the 26 states — in three separate lawsuits— protecting their citizens from this bureaucratic overreach.” said Utah Attorney General Sean Reyes.
“By seeking to treat every legal gunowner as a commercial gun dealer and every gun sale or trade into a commercial transaction, this rule unmasks the Biden Administration’s anti-gun agenda in ways many of its other actions have not. The Second Amendment could never have contemplated this kind of regulation and it will not withstand scrutiny in the courts. On behalf of Mississippi gunowners, we are proud to stand with the citizens who have come forward in this lawsuit,” said Mississippi Attorney General Lynn Fitch.
Twenty-five states are suing the ATF across both lawsuits. Florida has also filed its own suit against the ATF for declaratory and injunctive relief about the same rule.
For those counting along on the home game, that’s more than half the states in the union suing the Biden Administration over their latest attempt at gun legislation by fiat.
This is not the first lawsuit that Paxton has filed against the ATF this year. In February, the State of Texas sued the ATF over the Biden administration’s recent decision to redefine firearms with pistol braces as short-barrelled rifles under the National Firearms Act (NFA).
Complete civilian disarmament has been a longterm goal of the Democratic Party, and to that end they would love to ensnare ordinary Americans in FFL laws and paperwork for private firearms transactions, despite such restrictions never being contemplated by the founding fathers. In the post-Bruen judicial landscape, expect the courts to be extremely skeptical of unconstitutional firearms regulation, especially those with no basis in the underlying statute language, and expect Paxton to notch another victory over the Biden Admistration in his belt.
The Biden administration and the U.S. Department of Education (DOE) issued a new Title IX rule that includes changes to how federal civil rights law protects “discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics.”
A key provision in the rule change now “Recognizes that preventing a person from participating in a recipient’s education program or activity consistent with their gender identity subjects that person to more than de minimis harm.”
The Human Rights Campaign said the new rule will “protect LGBTQ+ students” in addition to reversing “Trump-era changes to Title IX that limited federal funded educational institutions’ obligation to address sexual harassment and assault and clarifies protections for pregnant and parenting students.”
“For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation’s schools free from sex discrimination,” said U.S. Secretary of Education Miguel Cardona. “These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.”
Title IX is a federal program that instructs educational institutions that receive federal funds from the DOE to carry out their educational programs “in a nondiscriminatory manner free of discrimination based on sex, including sexual orientation and gender identity.” Included in the issue areas of Title IX are athletics, financial assistance programs, admissions, recruitment, and sex-based harassment investigations.
The actual text of Title IX as passed in 1972 said nothing about “sexual orientation or gender identity,” rather stating “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Not “orientation,” not “gender identity,” sex. As in the biological kind, where those with XX chromosomes are female and those with XY chromosomes are male.
Gov. Greg Abbott issued a letter Monday to President Biden, saying, “Texas will not adhere to the new rules.”
“I am instructing the Texas Education Agency to ignore your illegal dictate.”
Following the Title IX rule changes, Rep. Briscoe Cain (R-Deer Park) penned a letter to Texas Education Agency Commissioner Mike Morath.
“As Commissioner of the Texas Education Agency, I am calling on you to promptly direct all superintendents in Texas to ignore the proposed changes to Title IX,” wrote Cain.
“Additionally, I am calling on all Texas superintendents to publicly commit to disregarding this directive from the Biden Administration.”
The Texas Freedom Caucus followed with its own letter to Morath expressing similar concerns, stating they “urge” him to “instruct all Texas superintendents to disregard these proposed alterations.”
Other state governors and education chiefs in Florida, Louisiana, Montana, and South Carolina have issued similar disregard directives.
Florida rejects Joe Biden’s attempts to rewrite Title IX. We will not comply. And we will fight back. We are not going to let Joe Biden try to inject men into women’s activities. We are not going to let Joe Biden undermine the rights of parents. And we are not going to let Joe Biden abuse his constitutional authority to try to impose these policies on us here in Florida…
Attorney General Ken Paxton has also sued the Biden administration and the DOE over the Title IX rule change.
“Texas will not allow Joe Biden to rewrite Title IX at whim, destroying legal protections for women in furtherance of his radical obsession with gender ideology,” wrote Paxton in a press release.
“This attempt to subvert federal law is plainly illegal, undemocratic, and divorced from reality. Texas will always take the lead to oppose Biden’s extremist, destructive policies that put women at risk.”
The complaint argues the DOE “has attempted to effect radical social change in our Nation’s schools” and that the new Title IX rule “walks back many of the constitutional safeguards issued by the Trump Administration to ensure that students accused of harassment have access to a fair hearing.”
Snip.
“This rule violates existing federal law, ignores the Constitution, and denies women the protections that Title IX was intended to afford them,” AFL stated in a press release. “The Biden Administration has exceeded its authority and radically distorted the meaning intended by Congress when the law was made.
The radical transexism the Biden Administration is trying to shove down America’s throats may be popular with the hard left social justice warriors who now man the levers of the Democratic Party’s political machinery, but it’s deeply unpopular with ordinary Americans of both sexes and all races, creeds, and colors. It’s an alien, anti-reality ideology being imposed from without with no basis in any law passed by congress, and resistance to its irrational dictates is both widely popular and a constitutional necessity.
After the U.S. Department of Justice (DOJ) promulgated a rule to regulate home-built firearm kits, or what the Biden administration calls “ghost guns,” two Texas residents filed a lawsuit challenging the legality of the rule that will now be heard by the Supreme Court of the United States (SCOTUS).
The Biden Administration and other gun-grabbing Democrats call them “ghost guns” because they are literally, by law, not guns. They’re unfinished 80% receiver kits, or build kids that you must finish at home on a milling machine, 3D printer, etc. American citizens building their own guns without the approval of the federal government (which has only occurred since, oh, about 1873) promises to thwart their plans of complete civilian disarmament, hence “ghost gun” regulations.
Represented by the Firearms Policy Coalition (FPC), the lawsuit from plaintiffs Jennifer VanDerStok and Michael Andren contends the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) exceeded the boundaries of federal law by implementing the new rules, which treat unfinished firearm kits as finished firearms and requires all firearms to possess a serial number.
The DOJ argued it simply wants to make sure the unfinished parts kits are treated like any other firearm and says implementation of the rule will not prevent anyone who is lawfully allowed to possess a gun from obtaining one. Those wanting to buy one would need to undergo the regular process to purchase any firearm, which includes a background check.
The plaintiffs disagree, writing in their SCOTUS brief that they believe the federal government’s goal in implementing the rule isn’t to simply regulate the firearm kit industry, but to get rid of it.
“The expected result of ATF’s Rule was not simply to regulate this industry but to destroy it,” the FPC wrote, pointing to a communication from the ATF to the FBI regarding the rule’s effect.
“The ATF informed the FBI that the Rule should not be expected to significantly impact the background check system because “many parts kit manufacturers and dealers will go out of business,” the brief continued.
Both a federal judge in North Texas and subsequently the U.S. 5th Circuit Court of Appeals sided with the plaintiffs in challenging the rule, prompting the DOJ to file an appeal with SCOTUS.
On Monday, SCOTUS granted a review of the case for its fall term, setting up a final legal showdown between the gun rights groups and the federal government on the issue.
In previous Supreme Court cases on the legality of various firearms sale and registration acts, the Commerce Clause of the United States Constitution has typically done a lot of heavy lifting. However, someone producing a gun in their own workshop for personal use and not to sell in another state, would not seem to fall under the purvey of federal regulation were it not for the radical expansion of federal power to stick it’s nose into every possible affair of private citizens afford by such post-New Deal decisions as Wickard vs. Filburn.
Maybe the Supreme Court will finally use this opportunity to reign in the federal government’s unlegislated regulatory powers based on vague, unenumerated Commerce Clause rationales.
Israel’s Iran strike is shrouded in mystery, California is shockingly “permissive” on sex trafficking children, Warhammer goes woke, and a new Doom speed-running record. It’s the Friday LinkSwarm!
Senior US military sources:The target of the Israeli strike was an Iranian military base in Isfahan near Natanz, not the nuclear facilities themselves. “The Israelis hit what they intended to strike,” The targets within this strike included Iranian air defense systems at the air base including those used to protect their nearby nuclear facilities. It was a message to the Iranians, “We can reach out and touch you.” The Russian made air defense systems were shown to be ineffective. There was one target but multiple strikes within that target. The Israelis used missiles and unmanned aircraft – in other words no manned aircraft (F35’s or others) were used as part of this strike
Both Israeli and Iranian sources are being cagey about what actually was hit. Right now it’s looking like it was a very limited strike, almost just a “See? We can hit them if we want to” strike to satisfy the Biden Administration’s endless calls for “restraint” while they continue to pound Hamas into a fine red paste. But it does offer a certain amount of support for the Kayfabe theory of Middle East politics…
The penalty for the equivalent of child trafficking in “progressive,” “forward-thinking,” “compassionate” California is a maximum penalty of a year in jail, and a minimum of two days in jail, plus a $10,000 fine which may or may not be paid depending on sentencing details.
Plenty has been said in recent years about soft-on-crime policies in states led by Democrats, and with good reason. Perhaps it should come as no surprise that political movements that believe the execution of preborn children is morally and legally permissible would also enforce such loose penalties for child endangerment and exploitation. But this seems, even for liberals, unconscionable.
Thankfully, it’s not that way everywhere. Other states with right-leaning leadership handle child predation, shall we say, “differently.”
But California especially loves setting sex offenders free if they’re illegal aliens.
It turns out that Katherine Maher is no ordinary ascendant progressive media executive. No, this woman’s social-media history reveals her to be the Kwisatz Haderach of white wokeness, presumably bred through generations of careful genetic selection to be the supernaturally perfect embodiment of Affluent White Female Liberalism. (As many have noted, she not only acts but looks like Titania McGrath.) It’s vaguely unreal: If there was a trendy progressive take floating around on Twitter and popular within media circles, then you can reliably bet she was there to voice it in the most preeningly insulting way possible.
(Hat tip: Ed Driscoll at Instapundit, who also offers lots of choice Chris Rufo commentary on tweets from Maher.)
“Texas Congresswoman Beth Van Duyne (R-TX-24) has taken out a full-page advertisement in the New York Post in an effort to recruit law enforcement from New York City, encouraging them to ‘escape New York and move to Texas. Sadly, the corrupt and crumbling Empire State is so purposefully anti-law and order, that you should no longer put your careers and lives in the hands of politicians who couldn’t care less about you or your families,’ the advertisement states.”
I’ll take “Headlines You Don’t Want To Read At Breakfast” for $400: “New York Suffers Record Rise in Potentially Deadly Disease Caused by Rat Urine. New York City has seen a record jump in the number of human leptospirosis, a disease caused by rat urine that can cause kidney damage, liver failure, and even death.”
“A far-left extremist that firebombed a pro-life office in Wisconsin in 2022 has been sentenced to 7.5 years in federal prison, along with three years of supervised release and a $32,000 fine.”
Republicans aim to use ballot initiatives to overturn unpopular Democratic Party policies. “Republicans in Washington are moving to get three major ballot initiatives passed. These measures will repeal Democrat-passed policies that are becoming unpopular among locals. The three changes would repeal the state’s sanctuary status for illegal immigrants, end an attempt to ban natural gas, and a change to the laws to strip squatters of their rights.”
You’ll need to click Show More for this one:
i remember in feb and march of 2020 being astonished by this lockdown idea and loudly yowling "do you have any idea what shutting down the world for 2 weeks would do to global supply chains and economic function?"
Has Warhammer gone woke? “I can’t help thinking that you finally started to bow to pressure from ‘Modern Audiences,’ and you were almost certainly encouraged to do this by a sudden infusion of investment money from BlackRock.”
The moment you make any concession, no matter how tiny, you’ve already given the game away. You’ve made it known that you’re prepared to bow down to their demands if they put enough pressure on you. And so, inevitably, their demands are never going to end. They’ll literally never be happy because there’s always going to be some other thing, some other piece of problematic lore, some other rule or exclusionary detail that has to be altered to comply with their constantly evolving demands, and all in the name of inclusion and diversity.
Because these people don’t care about your hobby, they don’t care about integrating into a community of like-minded individuals. All they care about is that the community bends and reshapes itself to suit them, until eventually they bend it so much that it breaks. People like that are complete and utter poison for any hobby, any fandom, any franchise. All they ever manage to do is stir up conflict, resentment and division, driving people away and turning fans against the very company that tries to pander to them, because their very reason for existing is to undermine and destroy the thing they claim that they’re trying to save.
And if you’ve got any common sense whatsoever or any love for the fandom that you’re so passionate about, you’ll think very carefully before bending the knee to them.
Numerous commentators—especially those defending President Biden’s economic record—have puzzled over why Americans are sour about the state of the U.S. economy. Unemployment rates have returned to pre-pandemic lows, commentators correctly point out, and the official rate of inflation is declining. So why are Americans ignoring the view of many experts that the economy is doing well?
According to a striking new paper by a group of economists from Harvard and the International Monetary Fund, headlined by former Treasury Secretary Larry Summers, the answer is that Americans have figured out something that the experts have ignored: that rising interest rates are as much a part of inflation as the rising price of ordinary goods. “Concerns over borrowing costs, which have historically tracked the cost of money, are at their highest levels” since the early 1980s, they write. “Alternative measures of inflation that include borrowing costs” account for most of the gap between the experts’ rosy pictures and Americans’ skeptical assessment.
“Backlash Is Real‘: DEI Exodus Gains Steam Across Corporate America.”
The unraveling of “diversity, equity, and inclusion” initiatives was seen on the state level, as Red states rushed to ban DEI programs in 2023. Google, Facebook, and other tech companies slashed DEI staff by late last year. Early this year, universities began rolling back diversity programs, while Harvard President Claudine Gay was demoted.
DEI was doomed to fail, and corporations have been quickly scrambling to abandon mindless and profitless diversity programs with Marxist roots. The latest earnings call data shows that “DEI” mentions have collapsed from their peak in 2021, according to Axios, citing data from AlphaSense.
In January, Johnny Taylor, president of the Society for Human Resource Management, told Axios that corporate executives are fed up with DEI.
“The backlash is real. And I mean, in ways that I’ve actually never seen it before,” Taylor said, adding, “CEOs are literally putting the brakes on this DE&I work that was running strong” since George Floyd’s murder in early 2020.
Kevin Clayton, senior vice president and head of social impact and equity for the Cleveland Cavaliers, said the chief diversity officer role was all the rage across corporate America after Floyd’s murder. He said companies filled these positions “out of gilt,” and hiring wasn’t the best.
Axios noted, “Some businesses are cutting back funding, trimming DEI staff — and even considering pulling back on things like employee resource groups comprised of workers of various races, ethnicities or interests.”
The pushback on DEI is finding momentum across corporations and universities. Subha Barry, former head of diversity at Merrill Lynch, told Bloomberg last month: “We’re past the peak.”
Let’s hope so.
No one at the wheel: “Biden Reportedly Has No Idea He Issued ‘Trans Day Of Visibility’ Proclamation.”
Gen Z hates the lousy Biden economy and favors Trump over Biden. Though a word to those Gen Z sorts who complain about a 9-5 schedule being “unnatural”: A “natural” schedule is performing backbreaking hunter/gatherer or subsistence agriculture work from dawn to dusk 6-7 days a week and dropping dead before you turn 40…
Ukrainian drones hit a Russia drone production facility at Yelabuga, Tatarstan, which is almost 1,000 miles inside Russia, using a drone that looks a whole lot like a light aircraft.
Ukraine hits another Russian airbase with over 40 drones, and presumably took out even more Su-34s.
Whoops, make that three Russian airbases hit. including reports of three Tupolev Tu-95 “Bear” bombers damaged. (Yes, Russia still has a propeller-driven bomber in service. It can carry nuclear weapons and launch cruise missiles.)
Gun crimes evidently mean being released without bail if the perp is an illegal alien.
“Cost estimates more than double to replace failing Austin arts center building.” Note the “Extended community engagement: $1 million” which is code for “Payoffs to leftwing activists.” (Hat tip: Dwight.)
“Paxton Seeks to Investigate Boeing Parts Supplier, DEI Initiatives. Attorney General Ken Paxton is seeking to investigate Spirit AeroSystsems after public outrage involving Boeing’s aircraft manufacturing issues.”
Boeing stated in 2022 that “for the first time in our company’s history, we tied incentive compensation to inclusion.”
Boeing’s 2023 Global Equity, Diversity, and Inclusion report explains that “diversity must be at the table for every important decision our company makes – every challenge we face, every innovation we design. Equity, diversity and inclusion are core values because they make Boeing — and each of us individually — better.”
According to the report, racial and ethnic minorities now hold 41.4 percent of jobs in the U.S. Boeing Commercial Airplanes Unit, and 28.3 percent in the U.S. Boeing Defense, Space, and Security. In 2022, U.S. racial and ethnic minorities made up 47.5 percent of new hires at Boeing.
You know what I want at the table for every important Boeing decision? Planes not falling out of the sky.
Intel lost $7 billion last year. Intel has a technology roadmap to get its process tech back on track, but failure to execute on previous nodes is what got them into this mess.
In addition to having fingers in the pie in Syria and Yemen in addition to their proxy war with Israel, Iran also has to deal with Sunni Baluch separatist organization Jaish al-Adl (“Army of Justice”) on their own territory, where they killed at least 11 Iranian security force members.
“Belew, Vai, Levin and Carey Play 80’s King Crimson.” Sign me up. Edited to Add: Crap, tickets went on sale for the Austin show in September TODAY. I was just barely able to snag two tickets in nosebleed…
The radical left-wing anti-farm green agenda isn’t just trying to destroy agriculture in foreign locales like The Netherlands, it’s also happening in Oregon.
“The state of Oregon has effectively shut down small farms and market gardens on a large scale, and they’re actually sending out cease and desist letters to farms.” (By “market gardens” he means small farms that only supply produce locally.)
“They’re using satellite technology to find their victims and then send them these letters, and say you can’t operate, and they’re doing it in the name of water conservation.”
“Oregon’s government and dairy industry [have joined] forces against small farmers.”
“There are two different laws that they’re using.”
“They’ve redefined what a CAFO is.” CAFO stands for “Concentrated Animal Feeding Operation.” According to Wikipedia, the source of all vaguely accurate knowledge, a CAFO is where “over 1,000 animal units are confined for over 45 days a year. An animal unit is the equivalent of 1,000 pounds of “live” animal weight.[1] A thousand animal units equates to 700 dairy cows, 1,000 meat cows, 2,500 pigs weighing more than 55 pounds (25 kg), 10,000 pigs weighing under 55 pounds, 10,000 sheep, 55,000 turkeys, 125,000 chickens, or 82,000 egg laying hens or pullets.”
Oregon seems to have redefined that. “This applies to people who have chicken houses, who have goat farms, basically anybody who has a barn or a facility that has a gravel or concrete floor.”
“What’s happening in Oregon, and why the small dairies have filed a lawsuit against the state…it doesn’t matter the size of the operation, you could have two milking cows.”
“Sarah King, who owns Godspeed Hollow Farm in Newberg, Oregon, has a pickup station that’s just 100 ft in length. She has an 11 acre property, and keeps things pretty simple. She has three milking cows. [Because] she has that milking stand, the state of Oregon said you are a CAFO, and because you are considered a CAFO, they require you to put in this infrastructure improvement which would cost her $100,000,”
“We’re requiring this massive infrastructure upgrade for you to continue to operate your facilities to protect our ground water from your two cows standing on a milking stand.”
Even if you have a gravel floor in a chicken coop, Oregon wants to come after you. “They have redefined CAFOs. This is going to impact nearly everybody.”
“This law is being enforced in the state of Oregon. It has already shut down some farms.”
There is an injunction on the definition of the law until it can be heard in court.
“You would think that they were going after raw milk, that always seems to be the case with a lot of these things, but this is actually going after anybody. Egg producers, anybody who has chickens that go up in a chicken house at night that may have a concrete floor.”
You have to go through a permitting process, and a lot of what they’re requiring is just simply too much for the small farmer. So that’s rule number one.”
“The second rule: In the state of Oregon, if you are using water, even groundwater, the only water that you can legally harvest and use without a permit is actually rainwater. They consider all water in the ground a resource of the public. Even if you have a private well on your property, that belongs to the people of Oregon.”
“This is a rule that went into place back in 2021, and then it has slowly rolled out to the point where market gardeners with a half acre of land are now receiving cease and desist orders saying you can’t water your gardens. Figure out another way to do it.”
The law says you can use up to 5,000 gallons a day, but market gardeners are proably only using 1,000 gallons a day. “You would think that they’re saying you’re a commercial business, because if you are growing food for yourself [But] There’s a lady has been growing food and selling it to neighbors. It’s been her primary income source and they shut her down.”
“Christina Del Campo um has just over a half acre. She grows blueberries, local vegetables, things like that. Her farm is called Oak Song Farm near Eugene. She’s operated there for 7 years and she recently received received a letter from the regional office of the Oregon Water Resources Department. It was a notification that the farm couldn’t irrigate its commercial crops without a water right.”
“They shut her down because, according to the Oregon Water Resources Department, the exemption for commercial use does not include irrigation of land.”
“Basically, the state of Oregon is coming in now and they’re they’re putting things on people’s wells to measure the amount of water. It’s very invasive.”
“Supposedly Oregon had these rules in place since 1909. They just keep changing them.”
“They’ve sent out letters not just to this one farmer, but multiple small farms, market garden farms, saying you can’t water your crops anymore.”
“This is actually a war on small farms.”
“We’ve seen this happening over and over and over again, where we’re seeing them utilize water rights [protection] to shut down farms across our country.”
“If you look at the number of farms that we’ve lost since 2000, it’s staggering. We’ve gone from 2,100,000 farms in 2000 down to 1,850,000 farms at the end of last year.”
“You’ve seen a lot of these cases where they’ve gone in and they’ve just shut off farms to water rights to an entire valley at a time.”
“We’re seeing them take control over people’s wells putting meters on people’s wells, shutting down small farms.”
“Everybody should have the right to farm fresh food. Oregon is basically taking that right away from every Oregon citizen by taking away the rights of the small farmers to operate their businesses in the name of some laws that were originally put in place to protect groundwater from much larger scale operations.”
If there isn’t some sort of sinister agenda behind these new regulatory pushes, destroying small farms certainly gives a pretty good impression of a sinister agenda. And no points for guessing which political party enjoys uncontested control of Oregon. Remember when Democrats claimed to be looking out for family farms? Doesn’t seem to be the case any more. Someone should ask Willie Nelson about all this…
Texas has a Right to Farm statute that should (theoretically) prevent such abuses here.
Welcome to spring! More evidence the Biden clan lied under oath, lots of illegal alien news, Ukraine hits more Russian oil refineries, and BlackRock and Planet Fitness enjoy the consequences of getting woke. It’s the Friday LinkSwarm!
In his opening statement before the House Oversight Committee on Wednesday, Hunter Biden’s former business partner Tony Bobulinski publicly accused the first son and his uncle, Jim Biden, of lying under oath about the nature of their business dealings with Chinese conglomerate CEFC.
Bobulinski is testifying on Wednesday about the Biden family’s foreign business dealings, the subject of the House GOP’s impeachment inquiry into President Joe Biden. He testified behind closed doors last month and vividly recalled meeting Hunter, Joe, and James Biden in May 2017 to discuss a proposed joint venture with CEFC.
Bobulinski cited three examples of alleged perjury from Hunter Biden’s sworn testimony last month, accusing Hunter of lying about: the timeline of his business relationship with CEFC, his father’s interactions with his business associates, and the threatening text he sent a Chinese businessman in which he demanded payment and said he was sitting next to his father.
“Hunter Biden gave his transcribed interview to the House Oversight Committee on February 28 and lied throughout his testimony,” Bobulinski said in his written testimony.
Hunter Biden said his work for CEFC began with a retainer in 2017. However, Bobulinski insists, based on conversations he said he had with Hunter, that the Biden business relationship with CEFC goes back further, possibly to Joe Biden’s time as vice president.
Hunter Biden claimed his father never interacted with his son’s business partners and repeatedly denied his father’s involvement in those dealings. However, Hunter Biden confirmed Joe Biden met Bobulinski and multiple foreign business partners, and spoke to business associates on speakerphone.
James Biden denied in his closed-door testimony that he attended that May 2017 meeting, contradicting Hunter’s sworn testimony.
“The sole reason Hunter wanted me to meet his father was because I was the CEO of SinoHawk, the Bidens’ partnership with CEFC. I was a business associate. In his transcript, Hunter confirms that that meeting with Joe took place and incriminates his Uncle Jim for perjury by confirming it,” Bobulinski’s statement reads.
In his written testimony and the opening statement he delivered, Bobulinski also accuses Hunter of lying about the details of a text he sent to a Chinese business associate in July 2017 where he appeared to leverage his father’s influence. Hunter Biden testified that he was embarrassed by the text and claimed he sent it to the wrong Chinese business partner, a person not connected to CEFC.
“He leveraged his father’s presence next to him in that infamous text to strongarm CEFC into paying Hunter immediately,” Bobulinski said.
In March 2017, Hunter Biden’s then-business partner Rob Walker received a $3 million payment from State Energy HK, an account linked to CEFC.
Walker distributed roughly $1 million of the State Energy HK funds to bank accounts linked to Hunter Biden and other members of the Biden family, bank records show. The $3 million wire to Walker took place after Hunter Biden and his business associates held meetings with CEFC and helped explore business deals, according to Walker’s testimony and Hunter Biden’s federal tax indictment. Joe Biden’s vice presidency concluded only weeks before the State Energy HK payment came in.
Bobulinski also accused James Biden of lying under oath about the details of his involvement with Bobulinski and CEFC.
Testifying behind closed doors last month, James Biden repeatedly denied meeting Bobulinski, contradicting the testimony given by Bobulinski and Hunter Biden, according to a transcript of his testimony. Despite being shown exhibits to the contrary, James Biden doubled down on his denial that the May 2017 meeting with Bobulinski and Joe and Hunter Biden took place. Likewise, James Biden denied signing any agreement to get into business with Bobulinski through Oneida Holdings, a holding company created for the CEFC proposal.
When presented with a signed copy of the Oneida agreement, James Biden said he could not recall being part of the Oneida arrangement. The CEFC proposal involving Bobulinski fell apart, and the Bidens entered a separate joint venture with CEFC called Hudson West III to help CEFC explore U.S. energy deals.
“There are many other examples of Hunter’s and Jim’s lies, which I am happy to discuss during my testimony here today, and I hope this Committee will hold them accountable for their perjury before you,” Bobulinski’s written statement adds. When questioned by Republican lawmakers, Bobulinski repeated his accusations Hunter and James Biden committed perjury during their closed-door testimonies last month.
Alongside Bobulinski, imprisoned former Biden associate Jason Galanis is testifying virtually about the business enterprise he worked on with Hunter Biden and other business partners. Galanis’ opening statement on Wednesday mirrors private testimony in which he claimed Joe Biden helped his son finalize deals with Chinese and Russian business partners.
“The entire value-add of Hunter Biden to our business was his family name and his access to his father, Vice President Joe Biden,” Galanis testified. He believes he is risking his safety to testify because of alleged retaliation by the Justice Department during his time in prison for participating in a fraudulent bond scheme.
Bobulinski’s testimony will be no surprise to regular BattleSwarm readers following the scandal.
I’ll confine myself to one typical example, although many could be cited. On page 55 of the transcript, Hur asks Biden in what workspaces he kept documents at the vice president’s residence (the Naval Observatory); Biden’s response runs seven pages — although it was not a sensible response to the very simple question asked.
The president began by recounting that “I was the guy who wrote the Violence Against Women Act”; that agriculture is “a $4 billion industry in Delaware and the Delmarva peninsula”; that in a law-school torts class he was applauded for speaking ten minutes about a case he had not read; that “to make a long story short” he got a job out of law school at a firm in Delaware; and that “to make a long story not quite so long” he participated in a case while he was waiting for his bar results involving “this poor kid [who was] down a hundred-foot vessel, chimney, scraping the hydrogen bubbles off of the inside” but “was wearing the wrong pants, wrong jeans, and he —a spark caught fire and got caught in the containment vessel and he lost part of his penis and one of his testicles and he was 23 years old.” The senior partner told Biden to write a memo supporting a motion to dismiss the case, “and son of a bitch, it prevailed,” whereupon Biden thought “son of a bitch I’m in the wrong business, I’m not made for this.”
Thereupon, the senior partner invited him to go to the Wilmington Club, where “no blacks, Catholics are allowed — have been allowed to be members. The DuPont family name.” (Biden elsewhere in the seven pages repeatedly refers to the DuPont family, whom he describes as “Rockefeller Republicans” highly influential in Delaware.) Biden recalled being so taken aback by the Wilmington Club invitation that, in “the only time I ever lied that I can remember looking somebody in the eye,” he made up a story that his father was coming to visit that day. Then he immediately walked through “the basement on a public building and walked in with a guy named Frank and I said I want a job as a public defender.” This began “what got me — I had been involved in the civil-rights movement. That got me deeply involved in trying to reform the Democratic Party, which was a southern Democratic Party. We were a slave state by law.”
“And the whole point of telling you all this,” he continued, “is that I had a lot of material that I kept notes on” about the Democratic Party. And at that point, when he was 26 or 27 years old, Biden elaborated, “I went to work part time for a criminal-defense firm mainly, a real estate — there were five people. And so I was no longer a public defender. . . .” Then “one thing led to another” and Biden joined a group seeking to reform the Democratic Party. Even though he was young, they wanted him to run for the state senate. But he wanted to start his own law firm instead. “So to make a long story short,” he ended up running for county council, but “wanted to be sure that I was going to lose,” so he ran in a district that no Democrat had ever won. “And I won it. And next thing you know, I’m in a tough position. My generic point was that there was a lot of material that I had amassed that I wanted to save. I probably still have it somewhere. And so that stuff would travel wherever the hell I was.”
At that point, mercifully, Hur interjected, “trying to steer us back to the end of your vice presidency.”
To repeat, what I’ve outlined above comes from a single, uninterrupted, utterly non-responsive answer to a question about where Biden kept documents while living in the Naval Observatory circa 2016.
I would say that Grandpa Simpson is running the country, except it’s his Obama-retread aides who are doing that, and Grandpa Simpson is markedly more focused and coherent than Slow Joe is now. (Hat tip: Powerline.)
A senior official with United States Customs and Border Protection (CBP) revealed Wednesday that CBP agents in El Paso arrested a man for attempting to enter the country illegally, and a further search led to the discovery of gang connections and alarming images contained on the man’s phone.
CBP Chief Jason Owens announced the arrest on social media, saying the man was from Colombia and shared images of tattoos that connect him with the Clan Del Gulfo (CDG) cartel.
A federal law, Section 922 of Title 18 of the U.S. Code, bars illegal immigrants from carrying guns or ammunition. Prosecutors charged Heriberto Carbajal-Flores, the illegal alien, in 2020 after he was found in Chicago carrying a semi-automatic pistol despite “knowing he was an alien illegally and unlawfully in the United States.”
U.S. District Judge Sharon Johnson Coleman rejected two motions to dismiss, but the third motion, based on a 2022 U.S. Supreme Court ruling, triggered the dismissal of the case on March 8.
“The noncitizen possession statute, 18 U.S.C. § 922(g)(5), violates the Second Amendment as applied to Carbajal-Flores,” Judge Coleman, appointed under President Barack Obama, wrote in her 8-page ruling. “Thus, the court grants Carbajal-Flores’ motion to dismiss.”
“Tyson closed down a pork plant in Iowa to hire ‘asylum seekers’ in New York. Tyson Foods just axed 1,200 jobs in Perry, Iowa, a town of just a few thousand people, and have moved those jobs, as well as others, to places like New York where they know there are ‘asylum seekers’ ready to replace American workers.”
The Biden administration announced Wednesday that it will impose the strictest vehicle-emissions regulations ever enacted as part of an effort to push the American car industry toward electric vehicles.
The emissions standards, which will cover light-duty vehicles — cars, SUVs, and pickup trucks — are set to apply to models produced from “2027 through 2032 and beyond,” the Environmental Protection Agency said in a statement.
The new rules set targets for the number of electric models produced in the United States as a percentage of all light-duty vehicles created each year. For instance, in 2030, hitting the EPA’s new targets would require somewhere between 31 percent and 44 percent of new cars, SUVs, and pickup trucks to be fully electric, with the exact percentage depending on the amount of emissions from other vehicles.
Though the regulations announced Wednesday are the strictest in the country’s history, they are a step back from the EPA’s April 2023 proposal, at least in terms of the rollout speed. While the target in 2032 is still for carbon emissions to be cut in half from the total produced by cars that went on sale in 2026, the shift will be more gradual than the changes the administration proposed last year and the targets in the earlier years easier to meet.
Another difference is the inclusion of hybrid vehicles. The April 2023 proposal called for two-thirds of cars sold in 2032 to be electric, but the new regulations amend that number to 56 percent of cars sold being electric and another 13 percent hybrid.
The electric car market is already saturated and EV sales are falling. Americans don’t want them, so the Biden administration is going to punish (and possibly destroy) the American car industry in their relentless pursuit of green graft.
“Texas School Fund Divests $8.5 Billion From BlackRock Over Anti-energy Policies. State Board of Education Chairman Aaron Kinsey said BlackRock was not in compliance with new legislation that prohibits state funds from being given to organizations that boycott energy companies.” Good. BlackRock’s “Environmental Social Governance” is bad for investors and bad for America.
