Congratulations on surviving the first 1/6th of 2024! The Big Guy is exactly who we knew he was all along, Houston police screw up, some big crime stories, Wayne LaPierre is found guilty, and the world’s saddest Oompa Loompa. It’s the Friday LinkSwarm!
“Remember when Joe Biden told the American people that his son didn’t make money in China?” asked Oversight Committee Chairman James Comer (R-KY) in a video posted to X. ““Well, not only did he lie about his son Hunter making money in China, but it also turns out that $40,000 in laundered China money landed in Joe Biden’s bank account in the form of a personal check.”
Today, a U.S. District Court issued its final judgment in Texas v. Garland, which was a challenge to the U.S. House’s proxy voting rule under the Quorum Clause of the Constitution. In its final judgment, the Court concluded that U.S. House members must be physically present for their vote to comply with the Constitution’s Quorum Clause. Attorneys from the Texas Public Policy Foundation argued the merits at trial in January of this year.
The lawsuit was originally filed with the State of Texas in response to Congress’ unlawful passage of the $1.7 trillion omnibus spending bill in December 2022. The U.S. Constitution requires a quorum, or a majority, of House members to be physically present for the U.S. House of Representatives to conduct business. As less than half of the members were present when the legislation was passed, with the rest voting by proxy, this legislation never should have passed, and the president should not have signed it.
“This meticulous, 120-page opinion was written after a full trial on the merits,” said TPPF senior attorney Matt Miller. “The Court correctly concluded that the Consolidated Appropriations Act of 2023 violated the Quorum Clause of the U.S. Constitution because a majority of House members was not physically present when the $1.7 trillion spending bill was passed. Proxy voting is unconstitutional.”
This basically says that every bit of that $1.7 trillion spending was unconstitutional, along with any laws, etc. passed in that omnibus. Just how do you back out all that money that’s been spent, assuming this is upheld?
Record meth bust in Eagle Pass. “The U.S. Customs and Border Protections (CBP) have seized six and a half tons of methamphetamine, over 13,000 pounds, at the Eagle Pass Port of Entry, making it the largest ever seizure in a single enforcement action.”
Mitch McConnell announced on Wednesday that he will step down as the Senate Republican leader in November, ending his tenure as the longest-serving Senate leader in history.
“This will be my last term as Republican Leader of the Senate,” the 82-year-old veteran of the chamber said to his colleagues on the Senate floor. “I’m not going anywhere… It’s time for the next generation of leadership.”
He’ll leave the senate when his term ends in 2027. You can condemn him as the ultimate swamp creature, or praise him for his effectiveness at things like getting Trump’s Supreme Court picks confirmed. It’s two sides of the same coin. I’m not sure he was as effective as Trent Lott or Howard Baker.
Houston Police Department Chief Troy Finner called it a “dark day” at a press conference for the Houston Police Department, announcing that 4,107 adult sexual assault cases were wrongly closed without investigation.
A case management code “suspended for lack of personnel” was used, which led to closing the cases without actually investigating them.
Finner said he was first made aware the code even existed in 2021 and instructed HPD’s special victims division to stop using the code; however, he found out on February 7, 2024 that it continued. HPD first began using the code in 2016.
He said he immediately ordered a review of all cases suspended using this code dating back to 2016, which will take at least 30 days to complete. While the number of cases they have today is 4,017, he says it is “fluid and subject to change.”
60 Minutes gets to enjoy some of that vibrant Muslim diversity in Sweden to the sides of their faces.
60 Minutes goes to Sweden to make a heart warming special about diversity, but see a different situation, then this happens. pic.twitter.com/oUd2ZuJ0RV
“After five days of deliberations, a jury in New York on Friday held the National Rifle Association liable for financial mismanagement and found that Wayne LaPierre, the group’s former CEO, corruptly ran the nation’s most prominent gun rights group. The jury determined that LaPierre’s violation of his duties cost the NRA $5,400,000, though he already repaid roughly $1.5 million to the organization.” Here’s the thing: While they prosecution was unquestionably politically motivated, LaPierre did run a crooked ship. In the long run, forcing Wayne and his corrupt cronies from office has done the NRA a huge favor.
Argentine President Javier Milei just ended his country’s budget deficit in nine weeks. If Trump and the Republicans manage to control both houses of congress next year, there’s no reason they can’t balance the budget…assuming they have the will.
“Austin Fire Department Chaplain Dismissed for Comments on Transgender Athletes Sues for Free Speech Violation. A chaplain for the Austin Fire Department was dismissed from his position after expressing beliefs on his personal blog about protecting women’s sports.”
After a volunteer chaplain of the Austin Fire Department (AFD) was fired for posting on his personal blog that men and women are biologically different and should not compete against each other in sports, a lawsuit was filed in an effort to protect his rights to free speech and religious freedom.
The Alliance Defending Freedom said in a press release that it filed a motion Tuesday on behalf of Dr. Andrew Fox, who served in a voluntary capacity as chaplain for AFD before he was dismissed in 2021.
Unlike APD, AFD public and union leadership has been infected by social justice. Dr. Fox appears to have a very strong case on viewpoint discrimination grounds.
White TV host tries to race-bait Jerry Seinfeld for hosting “mostly” white male comedians on his show. It doesn’t go well for him.
“Florida Gov. Ron DeSantis (R) signed a bipartisan bill into law authorizing the release of grand jury transcripts from an investigation into Jeffrey Epstein. The new legislation, signed by the Florida governor on Thursday, will allow a public release of the jury’s transcripts from the 2006 probe into Epstein’s abuse of underage girls. The new measure goes into effect July 1.”
Weird Austin crime story: “Prominent local businessman arrested in Austin, accused of arson.”
A prominent Austin businessman and founder of Continental Automotive Group, or CAG, was arrested Thursday on charges of Felony Arson and a State Jail Felony offense of Burglary.
Dorsey Bryan Hardeman, 75, is accused of starting a fire at a downtown Austin building on Sunday, according to an arrest affidavit.
According to Travis County court records, Trey Collins with the Minton, Bassett, Flores & Carsey firm has been retained as the attorney representing Hardeman. Sam Bassett told KXAN the office has just begun its work and “it is premature to comment. However, we will provide Mr. Hardeman an appropriate and vigorous defense.”
The affidavit said the Austin Fire Department responded to a building fire at the former Mellow Johnny’s Bike Shop on 400 Nueces St. on Feb. 25.
Once the fire was contained, fire investigators determined the incident to be incendiary and found metal shavings on the ground below the door suggesting the door lock had been drilled out, records state.
The affidavit states fire investigators watched video surveillance from the building, which showed an older man entering the building with a red container consistent with a plastic gas tank.
Multiple cameras inside the building show a man pouring liquid from the red container and dropping multiple matches on the ground, the affidavit said.
Records show the man arrived at the location in a white 4-door Mercedez SUV.
Investigators interviewed the owner of Mellow Johnny’s Bike Shop who told AFD Hardeman was the owner of the property next door and had previously asked about purchasing the property at 400 Nueces St.
This is not what people refer to as “the perfect crime.” (Hat tip: Dwight.)
Remember Morgan Spurlock’s Supersize Me? It turns out McDonalds didn’t destroy his liver, a decade of alcoholism did.
Longtime National Rifle Association chief Wayne LaPierre announced his resignation Friday, Fox News Digital has learned.
Better late then never, but this is still several years too late.
“With pride in all that we have accomplished, I am announcing my resignation from the NRA,” LaPierre said in the NRA’s press release, which was exclusively obtained by Fox News Digital. “I’ve been a card-carrying member of this organization for most of my adult life, and I will never stop supporting the NRA and its fight to defend Second Amendment freedom. My passion for our cause burns as deeply as ever.”
In recent years, LaPierre’s passion seemed to be for lining his pockets, building a wall of cronies between him and accountability, and dragging the organization down with him rather than stepping aside.
NRA President Charles Cotton said during the board meeting Friday in Irving, Texas, that he accepted LaPierre’s resignation. LaPierre, 74, cited health reasons as motivation behind the departure.
The resignation will take effect Jan. 31. Andrew Arulanandam, the NRA’s executive and head of general operations, will serve as interim CEO and executive vice president of the NRA.
Arulanandam is one of Wayne’s toadies, and the organization won’t be free of LaPierre’s taint until all his cronies are swept from the board and positions of power.
The announcement comes as LaPierre is set to face trial in the corruption case brought by Democratic New York Attorney General Letitia James. James – who before being elected the state’s AG, vowed to take on the NRA and slammed the group as a “terrorist organization” – brought forth a lawsuit in 2020 accusing NRA leadership of violating state and federal laws to divert millions of dollars to their own pockets.
The James lawsuit is indeed a political witchhunt, but it was LaPierre’s self-dealing that gave James the opening she needed to go after him.
Someone free of LaPierre’s taint, like former, well-respected NRA-ILA head Chris Cox, should be brought in to clean out Wayne’s Augean stables. Until those urgent reforms are carried out, NRA still won’t get any of my money.
The turmoil resulting from the disasterous tenure of Wayne LaPierre has now dragged on for over four years. La Pierre’s scorched earth policy for hanging on to power is dragging the NRA down with him.
Here’s confirmation that [Wayne LaPierre’s Virginia home] is for sale, and of its ownership. Reports of a planned NRA move to Texas can be considered 100% confirmed, and in the near future. The listing has been on Realtor.com for 46 days, so the listing began in late September. The decision to move must have been finalized before then. We’re hearing rumors of offices having been leased in Irving.
We’re told that this was not discussed at the last board meeting, and that the Relocation Committee has not met in over two years. This is being done without any board input. It’s the bankruptcy lawsuit all over again. There is also no indication that the NRA’s employees have ever been told. Let’s amend that. We can assume that a handful of insiders in HQ have been told to make ready, and that everyone else is considered disposable.
The move to Texas itself is not unexpected. In August, there was a story that the NRA was closing in on a new headquarters in the Dallas-Fort Worth Metroplex. And indeed, there are sound reasons to move to the Lone Star State, though Wayne and his cronies are pulling the trigger way too late to save themselves from the legal difficulties that have ensnared them in New York. But the manner in which they’re doing it, in the dead of night without informing the board of membership, reeks of an organization ruled by a corrupt cabal for their own self-interests that are effectively divorced from the organization’s membership.
Jerry Pournelle’s Iron Law of Bureaucracy states that in any bureaucratic organization there are two kinds of people: Those devoted to the goals of the organization, and those dedicated to the organization itself. “The Iron Law states that in every case the second group will gain and keep control of the organization. It will write the rules, and control promotions within the organization.” LaPierre’s NRA has clearly been captured by the second group. Or to put it another way: “Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.” LaPierre’s NRA has become a racket. The NRA exists to serve its members and protect the Second Amendment, not to serve and protect Wayne LaPierre.
At least that’s the way it should be. Lots of captains have gone down with their ship, but LaPierre’s refusal to step aside for the good of the organization is a case of the captain taking the ship down with him.
Allen West, the former Republican Party of Texas chairman who recently ran in the Republican primary election against Gov. Greg Abbott, announced Monday that he would accept a nomination to be the executive vice president (EVP) of the National Rifle Association (NRA) at an upcoming meeting in Houston.
“As now known, several individuals came to me via email last week requesting I consider allowing them to nominate me for EVP of the NRA,” West told The Texan. “I have humbly consented because the progressive socialist left seeks to eradicate our Second Amendment right.”
Yeah, I’m sure that was an out-of-the-blue request that West himself had nothing to do with ginning up. Let’s face it: Humble is not his brand.
Last week, a current and several former NRA board members announced a draft campaign to nominate West to lead the Second Amendment advocacy organization in light of the legal challenges currently plaguing the group and its current EVP, Wayne LaPierre.
West served on the NRA board from 2016 to 2021.
The NRA was chartered in New York and is currently headquartered in Virginia, but the organization has expressed interest in reincorporating and moving its headquarters to Texas.
But those possibilities have stymied as the group has been embroiled in a legal challenge from New York Attorney General Letitia James, who has been pushing for the organization’s dissolution.
“After watching the NRA’s Bankruptcy hearings, reviewing the evidence presented and New York law, I have concluded that the likelihood of [James] winning her lawsuit against Wayne LaPierre and the other defendants is very high,” said Phillip Journey, the current NRA board member who is leading the campaign to give the helm to West.
West’s name has been floated as a replacement for LaPierre before. Obviously Journey won’t stop believing…
“If she wins, they will be prohibited from serving in any NY non-profit. Wayne will be removed from office by court order,” said Journey. “As an NRA member and a member of its Board of Directors, I have a duty to plan for that contingency.”
“I know Col. Allen West will make a great Executive Vice President of the NRA. Col. West is a nationally recognized advocate for the Second Amendment. He has extensive political experience and a record of speaking out on the NRA Board of Directors for the reform and the restoration of the National Rifle Association.”
The NRA board will hold an election for its leadership positions later this month during a meeting in Houston.
LaPierre’s tenure started out as leading one of the most influential organizations in the country and ended as a corrupt disaster. Wayne has to go (and the NRA won’t get a single dime from me until he’s gone), but West is the wrong man to replace him. West came to Texas to run the National Center for Policy Analysis in 2016. It closed its doors in 2017.
West is being sued by Dallas-based National Center for Policy Analysis (NCPA), which claims that his brief tenure as CEO was marked by bad decisions and mismanagement that alienated donors and financially crippled the once-thriving organization. Codefendants have recently sought to settle their related claims.
Under Mr. West’s leadership, the NCPA hired a chief financial officer who was already on probation for embezzlement and who then dismantled the organization’s fiscal controls. The CFO (who is now in prison) embezzled more than $600,000 from the NCPA.
The lawsuit charges that Mr. West and other board members misspent more than $1 million in restricted grant money on operations – including salaries, expenses and bonuses – and hid that information from the rest of the board and donors.
West’s brief tenure as head of the Texas Republican Party was similarly fractious, even if I might have agreed with him on many of the issues under contention. Neither organization he led seemed better for his leadership.
LaPierre needs to go, but West would not be an improvement. To my mind, it would be far better to draft former NRA-ILA head Chris Cox, who resigned from the board under pressure from LaPierre, as the next Executive Vice President, assuming he’d be willing to take the position.
Greetings, and welcome to another Friday LinkSwarm! I’m going to coral all the Afghan Debacle news for separate post, probably next week. In the meantime: Texans are winning political battles, and Australians are losing their damn minds.
Texas finally passes the election integrity bill. Now on to the governor’s signature. Hopefully this will prevent the mass vote-harvesting and manufacturing shenanigans Democrats are so fond of…
Speaking of Democrats, they seem to be waking up to the fact that Biden and Harris suck and will drag them down:
We hear an enormous amount these days about the problem of “Flight 93-ism” on the American right, but a great deal less about the concomitant panic that has led the Democratic Party to behave as if last year’s election represented its last gasp. Since Joe Biden took office in January, his party has been busy cramming everything it has ever wanted to do into a series of multi-trillion-dollar, must-pass bills; hawking a patently unconstitutional elections-supervision bill that would hand it full control of America’s democratic infrastructure; and engaging in a frenzied attempt to pack the Supreme Court, discredit the Senate, abolish the filibuster, and add new states to the union by simple majority vote. If you ask for an explanation of this preposterous behavior, you will be told that it is the product of the Republican Party’s dastardly scheme to implement Jim Eagle. If you look more closely, however, you’ll sense something else: fear — that, in a desperate attempt to remove President Trump from office, the Democrats tailored themselves a straitjacket from which they will struggle mightily to escape.
This fear is well-founded. Joe Biden is an aging, incompetent mediocrity whose main claim to fame, like the Delta Tau Chi fraternity from Animal House, is his long tradition of existence. Kamala Harris, his vice president, is a widely disliked authoritarian whose last run for the White House was stymied by her inability to garner support from more than 3 percent of the Democratic-primary electorate. If, prior to the disaster that was the last fortnight, the Democrats hadn’t sensed that they’d tied their party to a pair of losers, they sure as hell must have now.
Explanation of why the 25th Amendment won’t saved them snipped.
And why should it, given that getting rid of President Biden would not actually fix the Democrats’ problems? Joe Biden’s approval rating is currently around 46 percent in national poll averages — not great for a president in his seventh month in office, but dramatically better than Kamala Harris’s rating, which stands at just 37 percent. Per NBC, Harris inspires “very positive” feelings in just 19 percent of the population while prompting “very negative feelings” among 36 percent — a feat that makes her the most strongly disliked VP since records began. If, today, the Democratic Party decided to cut its losses and replace Biden with Harris, it would be selecting a new president who was nearly ten points less popular than the old one. This would be absurd.
Which means that if the Democratic Party is destined for a reckoning with its ticket — as now seems increasingly likely — it will have to come during the next set of presidential primaries.
Like many, I’ve wondered who’s actually pulling the strings in the Biden White House. (It’s clearly not Sundown Joe.) I’ve seen various people suggest it’s actually Ron Klain, Valerie Jarrett or Jill Biden. Former Trump intelligence director Richard Grenell says it’s Susan Rice:
Rice, who served as national security adviser under President Obama, was tapped last December by President Biden to take charge of the White House Domestic Policy Council. It is in that role that Grenell believes she is exerting her influence.
“Biden is too weak to stop the progressive left from taking over… [Vice President] Kamala [Harris] does not understand what’s going on…We have a shadow president in Susan Rice and no one is paying attention,” he said.
Rice is one of the many officials from the Obama administration that landed jobs in the Biden White House. There was speculation that she would be his running mate and when that never materialized, secretary of state.
She is among the wealthiest individuals in the Biden White House, with a net worth estimated to be at least $37.9 million, according to the Wall Street Journal. She resigned last December from her role as a member of the board of directors at Netflix.
For all the (justifiable) heat the 87h Legislature has taken over its failure to deliver on conservative priorities, it seems to have written the Texas Heartbeat Act in a way that makes it difficult to challenge in court:
[Supreme Court Justices] denied the request by Texas abortion providers for emergency relief against the Texas Heartbeat Act. The compelling procedural grounds on which five justices — Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett — ruled have no direct bearing on the substantive question whether the Court will overturn Roe v. Wade and Planned Parenthood v. Casey in next term’s blockbuster abortion case, Dobbs v. Jackson Women’s Health Organization. But the clarity, courage, and commitment to the rule of law that the five justices demonstrated in the midst of intense fury from the Left — and in the face of an exasperating cop-out by Chief Justice Roberts — are heartening indeed.
Enacted in May, the Texas Heartbeat Act, also known as S.B. No. 8, prohibits a physician from performing an abortion (other than in a medical emergency) “if the physician detected a fetal heartbeat for the unborn child.” The fetal heartbeat is usually detectable at six weeks of gestation. The Act specifies an effective date of September 1.
In an ingenious effort to prevent abortion providers from blocking the Act from taking effect, the Act prohibits state officials from enforcing the Act in any way. It instead authorizes any private person to bring a civil action in state court against anyone who performs a post-heartbeat abortion or who knowingly aids or abets a post-heartbeat abortion. (Federal restrictions on standing — on who can sue — in federal court do not apply in state court.) It entitles successful plaintiffs to at least $10,000 in damages for each violation as well as to injunctive relief and attorney’s fees.
Because state officials are barred from enforcing the Act, the usual path that abortion providers would take to prevent the Act from becoming effective — suing those officials to prevent them from enforcing the Act — is a dead end. Instead, abortion providers would be able to challenge the constitutionality of the Act only if and when private individuals pursued civil actions against them. (And they’d have to confront the widely overlooked fact that the Act itself explicitly confers on abortion providers an “affirmative defense to liability” in the event they demonstrate that a lawsuit brought under the Act “impose[s] an undue burden.”)
In mid July, nearly two months after enactment of the Act, various abortion providers sued eight defendants in federal court: the Texas attorney general and four other state officials, a state district-court judge and a district-court clerk from Smith County (one of 254 counties in Texas), and a pro-life activist. But their lawsuit faced overwhelming jurisdictional hurdles. Among other things, none of the defendants was threatening to enforce the Act against them (so how was there even a live controversy?), and all seven of the governmental defendants had strong claims to sovereign immunity.
To make a long story short, when federal district judge Robert L. Pitman last week ruled against the governmental defendants’ sovereign-immunity claims, the governmental defendants exercised their right to immediately appeal the ruling against them to the Fifth Circuit. Pitman then realized that he had lost authority to proceed against the government defendants and had to cancel the preliminary-injunction hearing against them. (The Left viciously faults a Fifth Circuit panel of conservative judges for the cancellation that Obama appointee Pitman had ordered.) The abortion providers suddenly found that they had dug themselves into a deep ditch: The September 1 effective date was fast approaching, and they had indefinitely sidetracked their own effort to obtain a preliminary injunction.
On August 30, the abortion providers made a desperate request to the Supreme Court to block the Act from taking effect. Set aside that they had waited two-and-a-half months to file their preliminary-injunction motion with Pitman. Set aside that they were asking the Court to rule on a set of issues that neither Pitman nor the Fifth Circuit panel had yet addressed. What’s even more remarkable is that because Pitman had never ruled on their request to certify statewide defendant classes of judges and clerks, injunctive relief against the only eight defendants in the case wouldn’t remotely prevent the injury the abortion providers allege they faced.
The Supreme Court majority saw clearly through the huge holes in the emergency application. There was no reason to address the substantive question whether the Act is consistent with Roe and Casey because the abortion providers had failed to meet their burden on the “complex and antecedent procedural questions” that their request presented. The Court has the power to “enjoin individuals tasked with enforcing laws, not the laws themselves,” and the abortion providers hadn’t shown that any of the defendants should be enjoined from doing anything.
Things that make you go “Hmmmm”: “Harris County $11 Million Vaccine Outreach Contract to One-Woman Firm Draws Scrutiny. Newly released documents show a $7 million bid was scored more highly, but Hidalgo’s office intervened to instead give nearly $11 million to a politically connected firm at a higher cost.”
Last month tempers flared at Harris County Commissioners Court after County Judge Lina Hidalgo (D) accused Commissioner Jack Cagle (R-Pct. 4) of telling a “bold-faced lie” when he referred to a vendor as a “one-woman company.”
Although the expenditure had been approved months earlier in a 4 to 1 vote, little information had been provided to commissioners about Elevate Strategies, LLC, the winner of a $10.9 million contract to conduct vaccine outreach.
It was not until August that commissioners learned that the company was only founded in 2019, listed a Montrose apartment as its business address, and only consisted of one person: Felicity Pereyra, a former deputy campaign manager for Commissioner Adrian Garcia (D-Pct. 2) and former employee of both the Hillary Clinton presidential campaign and the Democratic National Committee.
It almost like the entire purpose of the welfare state is to channel money from the wallets of taxpayers to the pockets of leftwing cronies…
In a bid to keep the coronavirus out of the country, Australia’s federal and state governments imposed draconian restrictions on its citizens. Prime Minister Scott Morrison knows that the burden is too heavy. “This is not a sustainable way to live in this country,” he recently declared. One prominent civil libertarian summed up the rules by lamenting, “We’ve never seen anything like this in our lifetimes.”
Up to now one of Earth’s freest societies, Australia has become a hermit continent. How long can a country maintain emergency restrictions on its citizens’ lives while still calling itself a liberal democracy?
Australia has been testing the limits.
Before 2020, the idea of Australia all but forbidding its citizens from leaving the country, a restriction associated with Communist regimes, was unthinkable. Today, it is a widely accepted policy. “Australia’s borders are currently closed and international travel from Australia remains strictly controlled to help prevent the spread of COVID-19,” a government website declares. “International travel from Australia is only available if you are exempt or you have been granted an individual exemption.” The rule is enforced despite assurances on another government website, dedicated to setting forth Australia’s human-rights-treaty obligations, that the freedom to leave a country “cannot be made dependent on establishing a purpose or reason for leaving.”
Intrastate travel within Australia is also severely restricted. And the government of South Australia, one of the country’s six states, developed and is now testing an app as Orwellian as any in the free world to enforce its quarantine rules. People in South Australia will be forced to download an app that combines facial recognition and geolocation. The state will text them at random times, and thereafter they will have 15 minutes to take a picture of their face in the location where they are supposed to be. Should they fail, the local police department will be sent to follow up in person. “We don’t tell them how often or when, on a random basis they have to reply within 15 minutes,” Premier Steven Marshall explained. “I think every South Australian should feel pretty proud that we are the national pilot for the home-based quarantine app.”
Other states also curtailed their citizens’ liberty in the name of safety. The state of Victoria announced a curfew and suspended its Parliament for key parts of the pandemic. “To put this in context, federal and state parliaments sat during both world wars and the Spanish Flu, and curfews have never been imposed,” the scholar John Lee observed in an article for the Brookings Institution. “In responding to a question about whether he had gone too far with respect to imposing a curfew (avoiding the question of why a curfew was needed when no other state had one), Victorian Premier Daniel Andrews replied: ‘it is not about human rights. It is about human life.’”
In New South Wales, Police Minister David Elliott defended the deployment of the Australian military to enforce lockdowns, telling the BBC that some residents of the state thought “the rules didn’t apply to them.” In Sydney, where more than 5 million people have been in lockdown for more than two months, and Melbourne, the country’s second-biggest city, anti-lockdown protests were banned, and when dissenters gathered anyway, hundreds were arrested and fined, Reuters reported.
Australia is undoubtedly a democracy, with multiple political parties, regular elections, and the peaceful transfer of power. But if a country indefinitely forbids its own citizens from leaving its borders, strands tens of thousands of its citizens abroad, puts strict rules on intrastate travel, prohibits citizens from leaving home without an excuse from an official government list, mandates masks even when people are outdoors and socially distanced, deploys the military to enforce those rules, bans protest, and arrests and fines dissenters, is that country still a liberal democracy?
The idea of owning a beauty clinic in an iconic downtown Melbourne retail centre once seemed like a promising business opportunity. So promising, in fact, that I opened a second store nearby, and expanded my total payroll to 20 employees.
Capital costs across the two stores came to $1.6 million; while monthly expenses included $11,000 in loan interest, equipment leases totalling around $30,000, and rent at almost $40,000 (all figures in Australian dollars). It’s a substantial commitment, but this was a vibrant locale. And our market research indicated that demand would be high enough to sustain the necessary investment. Fortunately, the customers showed up—enough to meet wages, pay the bills, and allow me to put money away for a rainy day.
That day arrived last year, in the form of COVID. And not just the disease itself, but also the draconian, one-dimensional response from government officials: throughout the state of Victoria, 600,000 small business owners like me—men and women who collectively employ millions of people and generate a substantial share of the region’s economic output—have been marginalized in the name of public health and safety.
Small-business entrepreneurs are, by nature, both aspirational and pragmatic. We pay our taxes like everyone else, and understand the role government must play in managing national emergencies—including pandemics. But we also expect leaders to avoid imposing unnecessary and unreasonable regulatory burdens and operating prohibitions.
One of the lessons learned over the last year and a half by small business owners is that Australia’s flawed, multi-layered government structure can easily enmesh an owner in overlapping forms of red tape. This has forced us to reflect on what type of society we are becoming, and whether, in Victoria at least, it is still worth setting up businesses here.
Plus police specifically targeting vocal lockdown critics for fines.
“Fauci strongly endorses COVID treatment that the media tried to criticize Ron DeSantis for supporting…Florida Governor Ron DeSantis and Dr. Anthony Fauci seem to agree when it comes to the use of monoclonal antibody treatment for COVID-19.”
Joe Rogan contracts Flu Manchu, takes everything the MSM says you shouldn’t take…and throws off the disease in three days:
“All kinds of meds: monoclonal antibodies, Ivermectin, Z-pack, Prednisone, everything. I also got an NAD drip and a vitamin drip.”
NAD evidently stands for nicotinamide adenine dinucleotid, and the drip combines some other common vitamins in a intravenous cocktail that seems really frigging expensive ($750-1,000), which is fine if you make Joe Rogan money, but ordinary people may want to stick to a multivitamin (which you should be taking daily anyway).
Commie Antifa teacher boasting of indoctrinating his students is on the run:
the heroes at Project Veritas released an undercover video showing a proud antifa communist teacher bragging about how he has 180 days to indoctrinate his students and make them Marxists. How does he do it? He “scares the f*** out of them.”
Now the proud commie peacock is running scared. He refused to defend himself to another Project Veritas reporter. He claims he fears for his safety, and is worried about his brainwashing teaching gig, which means he KNOWS what he was doing is wrong.
Even his fellow Antifa clowns aren’t happy with him.
In the tweet below, fellow antifa stains bemoan [Gabriel] Gipe’s willingness to spill his commie guts to an undercover Project Veritas reporter. They also question his over-zealous approach to indoctrinating young high school kids and turning them into fellow Marxist comrades.
Some highlights from the undercover video:
Gipe gives extra credit points to students who attend far-left extremist rallies
He has an antifa flag and a Mao poster hanging on his classroom wall
Gipe believes taking up arms against the “state” is a good thing, though it always fails
He shamed a student who claimed the antifa flag made him uncomfortable
The local chapter of the Society of Professional Journalists (SPJ) just noticed that antifa is a violent bunch of thugs after black bloc-clad attackers beat yet another reporter and tossed her into a busy Portland street for daring to do her job.
After years of similar attacks on reporters, SPJ was finally jostled from its slumber by an attack on reporter Maranie Staab, from a lefty news organization called “News2Share,” for disobeying her Leftist compatriots and doing some reporting.
Antifa responded in the same way they accuse police of doing: They sprayed her with chemicals and threw her into the street.
Shocking video from yesterday’s Portland riot shows antifa robbing female photographer @MaranieRae & hitting her to the ground. She goes to retrieve her equipment & is hit w/pepper spray. Video by @JLeeQuinn: pic.twitter.com/rCkaybcfUR
However, with building news about the number of withdrawn vendors, it’s possible that the costs of the other events would surpass what they would expect to make from a crowd that was already predicted to be less than half of normal. I was seeing 35,000 as a predicted attendance batted around the interwebz, and that assumed full exhibit hall, no restrictions, and a full weekend of activities. If word of mouth about reduced exhibitors managed to knock another 10,000 off of that prediction, I don’t know enough about their financial obligations & forecasting to know if that would drive it into the territory of losing money or not.
Snip.
The Board & Wayne LaPierre are desperate to look like NRA members stand by them, so visibly empty halls with far fewer attendees in already wide aisles would make for press photos they may believe they can’t afford.
Add to this that the ILA Leadership Forum, at least anytime I checked the pages, never had more than the big Texas politicians (Abbott, Cruz, Cornyn, and Crenshaw) along with Mark Robinson from North Carolina listed. It appeared that they couldn’t get commitments from big national names to attend which would have, again, signaled a loss of influence and interest that NRA can’t really afford to be a story.
LaPierre and his cronies seem desperate desperate to cling to power, no matter how far down they drag the NRA with them.
The Republican National Committee (RNC) is invested in a comprehensive nationwide effort to make it easier to vote and harder to cheat. We’re fighting for election integrity because it’s absolutely vital to protect the sanctity of your ballot from Democrat schemes to undermine voting security. We are involved in 19 election integrity lawsuits nationwide, and we’re winning the fight.
Our investment is partially driven by polling that consistently shows the American people supporting our common-sense approach to securing elections. A recent poll commissioned by the RNC found that 78 percent of Americans support a proposed voting plan with five key principles: presenting voter ID, verifying voters’ signatures, controlling the ballot’s chain of custody, bipartisan poll observation, and cleaning up voter rolls. The poll also found that 80 percent of voters support voter ID requirements; this sentiment matches up with other polling, including a recent one from NPR which found 79 percent of voters in favor of voter ID. The measures we are pushing are not controversial or dramatic. They are common-sense and they are supported by American citizens.
Of course, that hasn’t stopped Democrats from trying to generate false outrage and controversy at every level of this conversation. The Democrat election playbook is simple: lie and seek attention until the mainstream media eagerly takes the baton and turns Democrat lies into a false national narrative. You saw this in Georgia, where Joe Biden and Stacey Abrams’ lies about the state’s election reforms pressured the MLB into moving its All-Star Game out of Atlanta. These lies cost the good people of Georgia an estimated $100 million. You’re seeing it now in Texas, where local Democrats have stormed out of legislative debates on election integrity not once, but twice. Their latest stunt saw them leave the floor of the Texas legislature and hop on private planes to fly to DC in a juvenile quest for media attention.
Unsurprisingly, the mainstream media lapped it up. This is their playbook. When it comes to election integrity, Americans need to pay attention to the relationship between Democrat lies and the mainstream media machine.
Back on June 24, the great Peggy Noonan hailed [Eric] Adams’s primary win as a victory of reality over progressive theory. “Adams was a cop for 22 years, left the New York City Police Department as a captain, and was the first and for a long time the only candidate to campaign on crime and the public’s right to safety. He was the first to admit we were in a crime wave.” Noonan observed, accurately, that African-American voters were not necessarily the most progressive voters in the electorate anymore, and that they represented a de facto force of, if not conservatism, then a realist wariness of the fringes of modern progressive thinking.
The notion of a centrist, tough-on-crime mayor replacing the notorious groundhog murderer and early pandemic denier sounds good, but we’ll see. Every elected official operates within a particular “Overton Window”: the range of policies that a politician can recommend without appearing too extreme to gain or keep public office given the climate of public opinion at that time. Adams did not win this primary by a landslide. While he received the most votes in the first round, he was the top choice of less than a third of the city’s Democrats. He has 51.1 percent out of the final two.
New York City desperately needs a dramatic improvement in its policing and prosecution of criminals, but Adams will have to take on a lot of deeply entrenched opponents and a city media and cultural environment that have evolved to reflexively demonize the NYPD. Way back in 2005, Fred Siegel described the New York City of the David Dinkins years as an era of “hysteria that led upstanding liberals to insist that they were more afraid of the NYPD than they were of criminals.” Whatever you think of Rudy Giuliani now, the young(er) mayor of the early 1990s was willing to be utterly hated as he enacted his reforms, convinced that the broader public would look past the controversy and appreciate the effects of lower crime rates. It remains to be seen whether Adams has that same courage to exchange short-term unpopularity for long-term improvement in the city’s streets — or whether he’ll bump up against the city’s Overton Window of what policy changes are acceptable and settle for a series of half measures.
The irony is that we see the same phenomenon in the opposite direction at the national level in Washington. Many progressives interpreted Biden’s presidential win, the 50–50 Senate, and the slightly shrunken House majority in the 2020 elections as a mandate to enact sweeping changes in the country — and they’re largely hitting brick walls. The national Overton Window isn’t wide enough to accommodate the wildest fantasies of progressives.
I’m not sure the feasibility of Overton Window possibilities matters to the Social Justice left. There’s is a holy revolutionary cause, and they need to seize control of the Party before they can seize control of the nation. To that end, I suspect many think that letting moderate Democrats lose elections is a small price to pay for continuing their unpopular march through America’s institutions…
The Texan brings back The War Room to track 2022 Texas election races.
“Texas House Democrats’ COVID-Spreading Publicity Stunt Is Backfiring.”
Outnumbered by Republicans in Austin 83 to 67, the Texas House Democratic Caucus decided to head to D.C. to publicize its opposition to election integrity bills, fundraise, and drum up support for federal legislation that would nationalize election law by imposing California law as a template on the nation — banning meaningful voter ID, expanding mail balloting while eliminating fraud safeguards, prohibiting proactive voter list maintenance, and mandating same-day voter registration with no checks for eligibility to vote.
But the Democrats’ trip hasn’t turned out as planned.
Soon after meeting with Vice President Kamala Harris and numerous White House staffers and members of the U.S. House and Senate, three Democrats were diagnosed with COVID-19, then another two, and now a total of six. An aide to Speaker Nancy Pelosi and a White House official tested positive soon after meeting with the Texas Democrats.
And the attention Democrats were hoping for soon turned sour, with Texas’s major newspapers, none of whom are friends of Republicans and have had little good to say about their election integrity bills, have nevertheless weighed in against the walkout. By two-to-one, Texas voters disapprove of the quorum-busting as well. Even national Republicans have piled on, with this tweet from Missouri Sen. Josh Hawley’s press secretary being emblematic.
Closer to home, Travis County GOP Chairman Matt Mackowiak said the quorum-breakers had “…engaged in performance theater for weeks claiming Gov. Abbott was putting lives at risk by reopening the state economy and waiving the statewide mask mandate, then they flew to DC on a private jet stocked with Miller Lite without masks, in violation of FAA rules, and now this farce turned into a super spreader event.”
But there are signs the Democratic solidarity is breaking down. With chairmanships, seniority, and even district boundaries on the line in a redistricting year, powerful Democrats are wavering while those seeking to move up sense an opportunity. A week ago, 80 House members were on the floor. As of Tuesday, 90, including several Democrats, were present. It’s a classic “prisoner’s dilemma” situation. If another 10 Democrats show up, the Texas House will have a quorum and can resume consideration of bills, leaving the other 50 holdouts with nothing for their efforts — except for perhaps being redrawn out of their districts by the Legislative Redistricting Board later this year.
When the Democrats do return, they will be asked to vote on bills that would bring mail-in balloting up to the standard for in-person voting by asking for ID in the form of writing a driver’s license number, or state ID number, or the last four of the Social Security number inside of a privacy flap in the ballot return envelope. The bill would also prohibit local elections officials from sending out unsolicited mail-in ballot applications, ban last-minute changes to election procedures, and clarify that properly appointed poll watchers must be able to see and hear election workers’ activities.
Asking for ID for mail-in ballots — one of the measures most vociferously opposed by Democrats — is supported by 81 percent of Texas voters, with voters from all demographic groups and both major parties approving of the safeguards.
With all due respect to Chuck DeVore, until the Texas election integrity bill is passed, their publicity stunt hasn’t backfired yet. There are few prices Democrats won’t pay for the ability to continue cheating.
Barely a year after the Minneapolis City Council voted to to defund the city’s police department after the death of George Floyd, a judge has ordered the city to hire more cops, thanks to a lawsuit filed by fed-up citizens.
“Minneapolis is in a crisis,” wrote the eight plaintiffs in their complaint, citing the rise in violent crimes, including shootings, sexual assault, murders, civil unrest, and riots, Fox News reports.
Progressive city council members couldn’t wait to gut the police department and allow a surge in crime, most of which would affect poor black neighborhoods. The tsunami of crime recently took the life of a popular coach who was shot attending a memorial for another victim of Minneapolis’ violent crime surge. He was the 42nd person murdered this year in Minneapolis. No word from Antifa and BLM if they are planning a mostly peaceful riot in his honor.
The cop-hating Minneapolis City Council and Mayor Jacob Frey were ordered to “immediately take any and all necessary action to ensure that they fund a police force,” according to Thursday’s court order by Judge Jamie L. Anderson. The crime-loving city council and mayor have until June 30, 2022, to establish a police force of 730 sworn officers. They currently have 669 cops. Minneapolis saw nearly 200 cops file paperwork to leave the Minneapolis Police Department in the first three months after the George Floyd riots. No idea how many more will resign or retire by the June 30, 2022, deadline, as the nation has seen a surge in cops walking away from departments nationwide.
NPR has not run a piece critical of Democrats since Christ was a boy. Moreover, much like the New York Times editorial page (but somehow worse), the public news leader’s monomaniacal focus on “race and sexuality issues” has become an industry in-joke. For at least a year especially, listening to NPR has been like being pinned in wrestling beyond the three-count. Everything is about race or gender, and you can’t make it stop.
Conservatives have always hated NPR, but in the last year I hear more and more politically progressive people, in the media, talking about the station as a kind of mass torture experiment, one that makes the most patient and sensible people want to drive off the road in anguish. A
Numerous examples snipped.
NPR sucks and is unlistenable, so people are going elsewhere. People like [Ben] Shapiro are running their strategy in reverse and making fortunes doing it. One of these professional analysts has to figure this one out eventually, right?
Evidently the primary mover behind the Gretchen Whitmer kidnapping “plot” was the FBI. It’s FBI “informants” all the way down. (Hat tip: Director Blue.)
Want to keep track of violence in Lori Lightfoot’s Chicago? Hey Jackass has the trending data plants policy wonks crave!
“In 25 major U.S. cities, officials have proposed cutting—or in 20 cases already cut—police budgets. However, what OpenTheBooks.com auditors found was that mayors and city officials still enjoy personal protection of a dedicated police detail costing taxpayers millions of dollars,” Adam Andrzejewski, CEO and founder of Open The Books (OTB), said in a statement announcing the new data.
Snip.
In San Francisco, for example, the costs of the security detail protecting Mayor London Breed and other city officials spiraled up from $1.7 million in 2015 to $2.6 million in 2020.
Breed has proposed shifting $120 million from the city’s police department to mental health and workforce training programs. City officials declined to say how many officers are assigned to the security details, according to OTB.
In Chicago, Mayor Lori Lightfoot claimed to be opposed to defunding the police, but OTB found that officials quietly abolished 400 police department positions last year.
Those positions were eliminated even as the city’s “security detail costs peaked in 2020—up $700,000 over five years: $2.7 million spent on 16 officers (2015); $2.9 million for 16 officers (2016); $2.7 million for 20 officers (2017); $2.8 million for 16 officers (2018); $2.8 million for 17 officers (2019); and $3.4 million for 22 officers (2020)—an all-time high,” OTB stated.
In New York, Mayor Bill de Blasio slashed $1 billion from the New York Police Department’s (NYPD) $6 billion annual budget, including $354 million transferred to mental health, homelessness, and education services.
But the mayor, who briefly sought the Democratic presidential nomination last year, continues to enjoy tax-paid police protection for himself, his wife, and his son.
“Serial Swatter Who Caused Death Gets Five Years in Prison.” “Shane Sonderman, of Lauderdale County, Tenn. admitted to conspiring with a group of criminals that’s been ‘swatting’ and harassing people for months in a bid to coerce targets into giving up their valuable Twitter and Instagram usernames.” So not only has he gotten people killed, he got them killed for really shitty reasons. (Hat tip: Ace of Spades HQ.)
“ERCOT Expands Power Grid Reserve Capacity in Preparation for Summer Heat.” “To prepare, ERCOT has dedicated 38 percent more in generation to reserve capacity from this July compared to last. And they plan to dedicate 56 percent more reserve capacity for August compared to August 2020.” 1.) That’s good, but 2.) Isn’t mid-July a wee bit late to be rolling out such plans? Let’s hope they’ve been working on this a while…
California court says that state laws requiring people to use crazy SJW pronouns violates freedom of speech.
Speaking of Harris: “Last month, the Supreme Court smacked down then-California Attorney General Kamala Harris’ attempt to force charitable nonprofits to turn over the names of their top donors, calling the power-grab ‘facially unconstitutional.'”
Gun sales decline slightly from record highs in 2020. Does this mean I might finally be able to pick up an AR-15 without it costing me an arm and a leg?
“Wayne LaPierre a Bigger Risk Than Fire and Brimstone.” “Lloyd’s of London is dropping all coverage for the NRA’s Board of Directors through their officers and directors insurance plan.”
More Soros-backed DA justice: “Accused murderer set free after St. Louis County prosecutors fail to show up, but found time for McCloskeys.”
Last week, Circuit Judge Jason Sengheiser dismissed charges of first-degree murder, armed criminal action, and unlawful gun possession against Brandon Campbell, 30, when prosecutors from the Circuit Attorney’s Office did not attend hearings for the case in May, June, and July, the St. Louis Post-Dispatch reported.
“The court does not take this action without significant consideration for the implications it may have for public safety,” Sengheiser wrote in kicking the case.
“Although presumed innocent, (Campbell) has been charged with the most serious of crimes. While the court has a role to play in protecting public safety, that role must be balanced with adherence to the law and the protection of the rights of the defendant,” the judge continued.
Sengheiser then took aim at Kim Gardner’s office.
“The Circuit Attorney’s Office is ultimately the party responsible for protecting public safety by charging and then prosecuting those it believes commit crimes,” he wrote.
“In a case like this where the Circuit Attorney’s office has essentially abandoned its duty to prosecute those it charges with crimes, the court must impartially enforce the law and any resultant threat to public safety is the responsibility of the Circuit Attorney’s Office.”
Thirty-eight-year-old Brandon Andrus’s criminal history is so lengthy he has more mug shots than some people have selfies.
But that didn’t stop 185th Criminal District Court Judge Jason Luong from allowing Andrus to be a free man by giving him three felony bonds, one for assaulting a family member last year.
On June 14, police say Andrus and another man murdered 35-year-old Rodrick Miller.
“Amazon’s New World Is Reportedly Frying High-End Graphics Cards.” Nothing like having your $2,000 Nvidia card bricked over a beta game…
Netflix to Wall Street: “Did I say we were going to gain two million new subscribers? Yeah, what I actually meant was we were going to lose 500,000 subscribers. Whoopsie! My bad!” Get woke, go broke.
James May launches his own gin. I don’t drink gin, but I bet that stuff sells out instantly, since the Top Gear/Grand Tour trio have one of the largest worldwide fan bases. I did not know that gin started out with neutral spirits before juniper berries were added.
The Biden Recession blooms, Bibby bombs, Baltimore burns, inscrutable Flu Manchu somehow infects the vaccinated, and Canada’s institutional religious hostility inflicts its revenge on the pastor that defied them. It’s the Friday LinkSwarm!
If inflation wasn’t enough to remind you of Biden’s reboot of That 70’s Show, how about long gas lines? An east coast gas pipeline was shut down by ransomeware attack launched by a hacking group called DarkSide.
Rendered with the magic of dyslexia
We’re actually very fortunate that a for-profit gang carried out this hack, rather than a terrorist group or state actor.
Seeing some reports stating that Israeli ground forces entered Gaza, but seeing some Twitter commentary that, no, they haven’t entered, but that IDF artillery and tanks are pounding Hamas tunnels.
Two weeks ago Turkish forces launched a military assault in the Duhok region of Iraqi Kurdistan. Villagers were forced to ‘flee in terror’ from raining bombs. It was only the latest bombardment of the beleaguered Kurds by Turkey, NATO member and Western ally. It did not trend online. There were no noisy protests in London or New York. The Turks weren’t talked about in woke circles as crazed, bloodthirsty killers. Tweeters didn’t dream out loud about Turks burning in hell. The Onion didn’t do any close-to-the-bone satire about how Turkish soldiers just love killing children. No, the Duhok attack passed pretty much without comment.
But when Israel engages in military action, that’s a different story. Always. Every time. Anti-Israel fury in the West has intensified to an extraordinary degree following an escalation of violence in the Middle East in recent days. Protests were instant and inflammatory. Israeli flags were burned on the streets of London. Social media was awash with condemnation. ‘IDF Soldier Recounts Harrowing, Heroic War Story Of Killing 8-Month-Old Child’, tweeted The Onion, to tens of thousands of likes. Israel must be boycotted, isolated, cast out of the international community, leftists cried. Western politicians, including Keir Starmer, rushed to pass judgement. ‘What’s the difference?’, said a placard at a march in Washington, DC showing the Israeli flag next to the Nazi flag. The Jews are the Nazis now, you see. Ironic, isn’t it?
This is the question anti-Israel campaigners have never been able to answer: why do they treat Israel so differently to every other nation on Earth? Why is it child-killing bloodlust when Israel takes military action but not when Turkey or India do? Why must we rush to the streets to set light to the Israel flag but never the Saudi flag, despite Saudi Arabia’s unconscionable war on Yemen? Why is it only ‘wrong’ or at worst ‘horrific’ when Britain or America drop bombs in the Middle East but Nazism when Israel fires missiles into Gaza? Why do you merely oppose the military action of some states but you hate Israel, viscerally, publicly, loudly?
The judgement and treatment of Israel by a double standard is one of the most disturbing facets of global politics in the 21st century. That double standard has been glaringly evident over the past few days. Israel is now the only country on Earth that is expected to allow itself to be attacked. To sit back and do nothing as its citizens are pelted with rocks or rockets. How else do we explain so many people’s unwillingness to place the current events in any kind of context, including the context of an avowedly anti-Semitic Islamist movement – Hamas – firing hundreds of missiles into civilian areas in Israel? In this context, to rage solely against Israel, to curse its people and burn its flag because it has sent missiles to destroy Hamas’s firing positions in Gaza, is essentially to say: ‘Why won’t Israelis let themselves be killed?’
Last year, Iran’s Supreme Leader Ayatollah Ali Khamenei admitted for the first time that his country was supplying the Palestinian terrorist groups with weapons. “Iran realized Palestinian fighters’ only problem was lack of access to weapons,” Khamenei said in an online speech.
“With divine guidance and assistance, we planned, and the balance of power has been transformed in Palestine, and today the Gaza Strip can stand against the aggression of the Zionist enemy and defeat it.”
Khamenei went on to offer the reason why Iran was sending rockets, missiles and tons of explosives to the Gaza Strip: “The Zionist regime is a deadly, cancerous tumor in the region. It will undoubtedly be uprooted and destroyed.”
Khamenei’s admission shows how the mullahs in Tehran have been lying to the West for many years. In 2011, Mohammad Khazaee, the Permanent Representative of Iran to the United Nations, sent a letter to the President of the United Nations Security Council in which he vehemently denied that Iran was smuggling weapons into the Gaza Strip.
Baltimore was one of the first cities to try “de-policing.” How did that work out for it? Not so hot:
This experiment has been an abject failure. Since 2011, nearly 3,000 Baltimoreans have been murdered—one of every 200 city residents over that period. The annual homicide rate has climbed from 31 per 100,000 residents to 56—ten times the national rate. And 93 percent of the homicide victims of known race over this period were black.
Remarkably, Baltimore is reinforcing its de-policing strategy. State’s Attorney for Baltimore Marilyn Mosby no longer intends to prosecute various “low-level” crimes. Newly elected mayor Brandon Scott promises a five-year plan to cut the police budget. Both justify their policies by asserting that the bloodbath on city streets proves that policing itself “hasn’t worked”; they sell their acceleration of de-policing as a “fresh approach” and “re-imagining” of law enforcement.
The tried “broken windows” policing without understanding it:
The motivation for de-policing traces to the city’s botched response to an earlier crime epidemic in the 1990s, when it averaged 45 homicides per 100,000 population, up 55 percent from the previous decade. So in 1999 Baltimoreans elected a mayor, Martin O’Malley, who promised to apply New York’s successful crime-fighting approach, where homicides had plunged by two-thirds over the decade (to one-ninth Baltimore’s rate) thanks to an expanded police force and innovative, proactive policing strategies.
O’Malley’s first commissioner, NYPD veteran Ed Norris, initially showed promise. By 2002, Baltimore’s homicide rate was 20 percent below its 1999 level. As O’Malley pressed for more, however, relations soured, and Norris departed (and some financial shenanigans eventually earned him a stint in federal prison). His successor, Kevin Clark, another NYPD import, also became embroiled in personal and professional controversy; he was fired and succeeded by a Baltimore PD holdover. By the time O’Malley moved to the Maryland governor’s mansion in 2007, Baltimore’s homicide rate was back to its 1990s average.
The problem was not just turmoil among BPD leadership and meddling (or worse) by O’Malley, but a fatal misunderstanding of what had worked in New York. There, the broad spectrum of criminal activity was addressed efficiently and with community engagement. Detailed data helped guide resources to crime hot spots. Chief William J. Bratton implemented the Broken Windows theory-inspired community-policing methods pioneered by social scientists George Kelling and James Q. Wilson, who understood how small manifestations of disorder could grow to larger ones. Minor offenses that made residents feel unsafe or hinted at acceptance of violence were addressed in order to improve quality of life, strengthen communities, and prevent serious crime.
In Baltimore, however, Broken Windows was misunderstood and misapplied. It mutated into a malignant variant, “zero tolerance” policing—and BPD conduct became not just intolerant but unfocused and excessive. As David Simon, a veteran Baltimore crime reporter and creator of HBO’s The Wire, summed things up, O’Malley “tossed the Fourth Amendment out a window and began using the police department to sweep the corners and rowhouse stoops and [per Norris] ‘lock up damn near everyone.’” That sometimes even included Wire crew members on their way home from a long day of filming.
True Broken Windows policing, in Kelling’s words, creates “a negotiated sense of order in a community” and involves collaboration between cops and residents. As one BPD vet put it, “You go to a community—before we come in, [we should ask], ‘What are the main things you all can’t stand?’ Everybody playing music at 11:30 at night, kids sitting on the corner, the prostitutes using the little park over there to work their trade. Now, ‘What don’t you care about?’ See the old guys sitting down at the corner playing cards every night? They could stay there all they want. . . . Then the police come in and do what the neighborhood wants. You just don’t go out and lock everybody up.” But, he concluded, “we went overboard.”
Then they adjusted:
O’Malley’s successor, Sheila Dixon (the city’s first female and third black mayor), defied her staff’s recommendations and named as commissioner Frederick Bealefeld, a BPD lifer with no college pedigree. “It was something in my gut that felt he was the best person,” Dixon explained. “I could just feel his passion.”
Bealefeld understood community policing better than the New York imports, addressing disorder and crime efficiently. He attended community meetings tirelessly to find out what residents wanted done; got cops out of their cars and walking patrols more often; invested in better training; and supported cops’ work with kids. Partnering with a savvy federal prosecutor, Rod Rosenstein, he targeted known dealers and shooters, emphasizing quality arrests—including of cops on the take. It worked. Even as arrest totals fell (to 70,000 by 2010), so did the homicide rate, to a low of 31 per 100,000 residents by 2011.
And then the Social Justice started:
Dixon had embezzled gift cards meant for the poor—petty corruption is a Baltimore tradition—and in 2010 was succeeded by Stephanie Rawlings-Blake. The Oberlin-educated former public defender was more liberal than Dixon, personally lukewarm to Bealefeld, and sympathetic to those embittered by O’Malley’s “zero tolerance” policies. And she faced budget problems. De-policing, then, seemed to tick all the right boxes—and, with the homicide rate at a 23-year low (though still almost seven times the national average), there would be little outcry against it.
First came some defunding, with a 2 percent pay cut to help address a recession-related budget pinch; cops’ contributions to their pension funds also were raised to help address shortfalls there. The new mayor’s first proposed budget actually cut the BPD’s request by 10 percent, though the difference eventually was split. Demoralized, experienced cops started retiring in numbers.
Rawlings-Blake did not replace them, and she trimmed staffed aggressively. BPD budgets had consistently authorized about 3,900 positions through the O’Malley and Dixon years. Rawlings-Blake took that down by 5 percent in her 2012 budget and another 6 percent in 2013. Bealefeld called the cuts “unconscionable” and retired. As he’d told the head of the police union at one point, “you can only beat down your horses for so long before they give up.”
So even before Freddie Gray died in police custody in 2015 and Baltimoreans rioted, the BPD had 460 fewer budgeted “horses” than under Mayor Dixon—with 300 fewer on patrol, conducting investigations, or targeting violent criminals. Not surprisingly, the homicide rate surged 20 percent by 2013. And after the city’s newly elected prosecutor, Mosby, criminally charged six uniformed officers in Gray’s death—though she failed to convict any—proactive policing essentially ceased. The city’s annual body count jumped and has remained tragically high since.
Speaking of defunding the police, Minneapolis Mayor Jacob Frey admits that defunding the police was a huge mistake. If only the rest of the Minneapolis had realized this before all the deaths.
Just about everything they told us about transmission vectors for Mao Tze Lung was wrong:
Bars, gyms and restaurants. Those were just a few settings health experts warned could become hotbeds for COVID-19 spread as states began reopening in the spring and summer of 2020 following the first and second waves of the coronavirus pandemic in the United States.
Yet, public data analyzed by ABC News appears to tell a different story. The data from states across the country suggests specific outbreak settings (including bars, gyms, restaurants, nail salons, barbershops and stores — for the full list, see graphic below in story) only accounted for a small percentage, if any, of new outbreaks after the pandemic’s inital wave in 2020.
Snip.
Based on ABC News’ analysis of public data of all coronavirus cases in four states and D.C., the outbreak settings accounted for less than 5% of all COVID-19 cases in those states.
“World’s Most Vaccinated Nation Sees Active COVID Cases Double In Under A Week.” Mysterious uptick in the Seychelles.
Dave Hunt represented Clackamas County in the Oregon House of Representatives from 2003 through 2013. Hunt was the former Democratic Leader, Majority Leader, and Speaker of the House for the State of Oregon. As a legislator, Hunt the sponsor of a bill criminalizing sex trafficking in 2007. Hunt is currently a lobbyist working to influence the very chamber he left.
However, even more ironic in 2011, Dave Hunt use his position to support and vote for HB 2714. That bill created the crime of commercial sexual solicitation, the exact crime police used to charge Hunt when he was arrested and cited.
Sort of sounds like a garden variety prostitution solicitation charge. But if he’s one of the legislators to redefine that as “sex trafficking,” my sympathy is extremely limited.
NRA’s bankruptcy petition has been dismissed. Understandably, since it seemed a transparent ploy to begin with. It’s too bad Wayne LaPierre seems intent on dragging the NRA down with him…
Mark Sebu follows up on the Kentucky Ballistics explosion. Evidently it would haven taken 161,520 PI to shear the threads off the Sebu RN 50. Also, there were no pre-cuts on the sabot, suggesting it may indeed have been a counterfeit SLAP round that caused the explosion.
Not the Babylon Bee: O.J. Simpson backs Liz Cheney, accuses the Republican Party of “dishonesty.” I don’t feel I can adequately parody this real-life event, even though I should probably take a stab at it…
Top Gear/Grand Tour presenter James May found out that trickle charging a Tesla S’ main car battery didn’t charge the ordinary car battery, the one responsible for regular electric systems…like unlocking the hood latch to reach the same battery. Result: an hour of work just to reach the dead battery.
Speaking of impractical automotive accoutrements, here’s a Bugatti watch with a “working” W16 engine, yours for a mere $280,000…
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.
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.
This anonymous piece from a longtime lawyer and NRA watcher covers some of the same ground as my previous NRA pieces, but with a lot more background.
It’s been an open secret for more than 20 years (since at least the 1990s) that an outside public relations firm, Ackerman McQueen Inc. (around NRA headquarters, commonly called “Ack-Mac”) enjoyed a favored and protected, if not inviolate, relationship with NRA. The owners of Ack-Mac were close friends and associates of NRA Executive Vice President Wayne LaPierre. He handed them major roles formulating, directing and performing many NRA operations for which Ack-Mac and its associated companies bill NRA millions of dollars annually — in 2017 alone, over $40 million. To ensure their position by enhancing his, Ack-Mac created a persona for LaPierre as NRA’s public face; his strident, increasingly right-wing rhetoric espoused in NRA’s name was shaped and scripted by Ack-Mac. In turn he fended off sporadic calls to reduce Ack-Mac’s penetration of NRA. LaPierre and Ack-Mac became practically indistinguishable.
This special relationship and its financial intertwining were largely opaque, fully appreciated only within inner circles of the 76-member Board of Directors. Though payments to Ack-Mac accounted for a large chunk of NRA’s budget until recently Ack-Mac was unmentioned in annual reports or minutes of the Board’s meetings, it was as if Ack-Mac didn’t exist. The full extent of Ack-Mac’s influence, participation, and responsibility for NRA’s high-level management decisions remains, to this day, obscure.
I knew Ack-Mac had been working for the NRA for quite a while, but I didn’t realize for how long, and how mention of Ack-Mac had been kept out of annual reports.
As Executive VP, LaPierre’s annual salary is $1.4 million. It’s hard to identify the value a non-profit association receives for that kind of money. The President of the United States is paid less than one-third of that; the Secretary of Defense gets only $210,700, and the base salary of a U.S. Senator is $172,000.
Also still on the NRA’s payroll is Joshua Powell, recently removed as director of General Operations (drawing nearly $800K) after being exposed in national media as a serial deadbeat. The most cursory vetting before he was hired would have disclosed his trail of failed businesses and bad debts. The architect of the crashed Carry Guard program and the spark that lit the legal fuse with New York sate, Powell is now a “senior strategist” and still LaPierre’s “chief of staff.”
More information gleaned from the NRA’s IRS Form 990:
This 100-page document, released by NRA only last November, was unusual; it 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.
Snip.
If indeed, as [current NRA President a LaPierre backer Carolyn Meadows] claims, “the entire board is fully aware of these issues,” the issue of managerial dereliction takes on a new dimension. To claim that these controversial contracts, transactions, and expenses were “reviewed, vetted and approved” by the board is to ratify and accept liability for them.
It begs the next question: Is the Board doing anything to stop the financial hemorrhage? Does it even have a coherent plan? So far the membership has heard nothing but bland reassurances suggesting that “everything is on track”, coupled with whining about leaks to the press.
Can directors with a fiduciary duty to a non-profit membership association justify sports-star salaries, uncontrolled and unaccountable vendors and $100,000-a-day lawyers? The membership deserves credible explanations and plain answers. If these are not forthcoming, who could blame it for throwing out the entire board and starting over?
The author is particularly critical of William Brewer III’s legal briefs. “In over 50 years as a practicing attorney, I have never encountered a lawyer, or even an entire firm, whose services were worth $1.8 million in a single month — much less for ten consecutive months.”
Finally, there’s the revelation that Woody Phillips, the NRA’s just-retired Treasurer for 26 years, broadened the now-all-too-familiar profile of NRA’s salaried executives. The prior norm seemed to be enrichment through extraordinary salaries, conflicts of interest, double-dipping, sweetheart deals, and extravagant retirement schemes. Woody has added the word “embezzlement.” According to a June 19 article on The New Yorker website, his former employer asserts that before Woody came to NRA, he was caught stealing more than a million dollars by generating and paying fake invoices. Unless this story is a complete fabrication, the evidence seems incontrovertible: when he was confronted, the story discloses, Woody immediately returned $500,000 of it and started paying interest on the balance. This comes on the heels of separate reports of questionable payments made by NRA to Woody’s “significant other.” Was his earlier modus operandi revived with a slight twist?
The author ends, as I did, with a call for a forensic audit.
The more we find out about how the NRA has been run, the worse it seems. The crisis started out looking like a case of lax management, but the deeper you dig the more it looks like a case of systematic looting. The more I read about the NRA, the more convinced I am that the current leadership has to go.
