SCOTUS: States Can Force Online Retailers to Collect Sales Tax

June 21st, 2018

In a 5-4 decision that broke across the court’s usual ideological lines (Kennedy, Thomas, Alito, Ginsburg, and Gorsuch in favor, Roberts, Breyer, Sotomayor, and Kagan dissenting), the Supreme Court has ruled in South Dakota v. Wayfair that states can force online retailers to collect sales tax for them, rejecting previous Quill Corp. v. North Dakota precedent from 1992 that required a physical presence in the state. “Rejecting the physical presence rule is necessary to ensure that artificial competitive advantages are not created by this Court’s precedents.”

As someone who both buys and sells books online, this is not an outcome I would have wished, but having Thomas, Alito and Gorsuch on the affirmative side of the opinion does give me pause. But the golden age of the wide-open online commerce Internet appear to be drawing to a close.

Here’s the text of the decision itself (Legal Insurruection initially had a link to the wrong decision).

EU Votes To Censor the Internet

June 20th, 2018

This isn’t going to end well:

This morning, the EU’s Legal Affairs Committee (JURI) voted in favor of the legislation, called the Copyright Directive. Although most of the directive simply updates technical language for copyright law in the age of the internet, it includes two highly controversial provisions. These are Article 11, a “link tax,” which would force online platforms like Facebook and Google to buy licenses from media companies before linking to their stories; and Article 13, an “upload filter,” which would require that everything uploaded online in the EU is checked for copyright infringement. (Think of it like YouTube’s Content ID system but for the whole internet.)

EU lawmakers critical of the legislation say these Articles may have been proposed with good intentions — like protecting copyright owners — but are vaguely worded and ripe for abuse. “The methods to address the issue are catastrophic and will hurt the people they want to protect,” Green MEP Julia Reda told journalists earlier this week. After this morning’s vote, Reda told The Verge: “It’s a sad day for the internet … but the fight is not over yet.”

Both Article 11 and Article 13 were approved by the JURI committee this morning but won’t become official legislation until passed by the entire European Parliament in a plenary vote. There’s no definite timetable for when such a vote might take place, but it would likely happen sometime between December of this year and the first half of 2019.

“Vaguely worded and ripe for abuse.” Music to a bureaucrat’s ears!

Both those provisions fly in the face basic structure of the Internet, where linking is free and censorship is damage to be routed around. And make no mistake, once they have an “upload filter” in place, there’s no way it will be limited to “copyright infringement.” Expect them to start by censoring “hate speech” (such as videos critical of unassimilated Muslim immigration into Europe) and anything else sufficiently critical of sacred European goals. Calls for Italy to quit the Euro? Sorry, those have to be banned in the interest of “economic stability.”

Set aside, for now, the impossibility of implementing this for all but the biggest sites in Europe, much less the world. Merely attempting it would no doubt do a lot of damange and have that fabled “chilling effect” on free speech.

Let’s hope this legislation gets killed by Eurocratic inertia…

(Hat tip: Slashdot.)

Clinton Corruption Update for June 19, 2018

June 19th, 2018

We know that Hillary Clinton, through FusionGPS, was deeply involved in the FBI/CIA/deep state/FISA abuse affair that’s come to be known as the “Scandularity.” That’s why news on that came to dominate the semi-regular Clinton Corruption updates.

The problem is that so much information is coming out on the Scandularity that I don’t have time to do the regular Clinton Corruption updates if I include the Scandularity stuff. This thing just got bigger, and bigger, and bigger, so that I never had time to finish one before another huge Scandularity revelation came down the pike. This meant the regular Clinton Corruption updates grew so large and stale that I was unable to whip them into coherent form.

So now I’m separating them out again into distinct updates for my own sanity.

Because I kept adding to that update, some of this is going to be oldish news, but this let’s me empty out the Clinton Scandal bucket so I can pour fresh new links in going forward.

First up: The Inspector General report on the Clinton Email Investigation!

  • Mollie Hemingway has read all of the report and has 11 takeaways. Like this one:

    2. FBI Agent Who Led Both The Clinton and Trump Probes Promised He’d Prevent Trump’s Election…On page 420, the IG says that the conduct of five FBI employees who were caught talking about their extreme political bias in the context of their duties “has brought discredit to themselves, sowed doubt about the FBI’s handling of the Midyear investigation, and impacted the reputation of the FBI.” The Midyear investigation was the code for the Clinton probe. Or note this blistering passage:

    [W]hen one senior FBI official, [Peter] Strzok, who was helping to lead the Russia investigation at the time, conveys in a text message to another senior FBI official, [Lisa] Page, that ‘we’ll stop’ candidate Trump from being elected—after other extensive text messages between the two disparaging candidate Trump—it is not only indicative of a biased state of mind but, even more seriously, implies a willingness to take official action to impact the presidential candidate’s electoral prospects. This is antithetical to the core values of the FBI and the Department of Justice.

    The report goes on to say that the text messages and Strzok’s decision to prioritize the counterintelligence probe of the Trump campaign over the Clinton email criminal investigation “led us to conclude that we did not have confidence that Strzok’s decision was free from bias.”

    This text is not just interesting because the FBI’s deputy head of the counterintelligence division who was investigating a major-party candidate told the woman he was cheating on his wife with that “we” would stop the candidate from becoming president. It’s also interesting because this text was hidden from congressional committees performing oversight of the FBI.

    And this:

    3. Comey Mishandled The Clinton Probe In Multiple Ways

    It’s worth re-reading Acting Deputy Attorney General Rod Rosenstein’s May 9, 2017, recommendation that James Comey be fired as FBI director. He cited Comey’s usurpation of the attorney general’s authority in his press conference announcing that Clinton’s case would be closed without prosecution, the release of derogatory information about Clinton despite the decision to not indict her, and Comey’s letter to Congress announcing the FBI had reopened a probe against Clinton.

    The IG backs up each and every one of those critiques, and adds much more detail to them.

    We concluded that Comey’s unilateral announcement was inconsistent with Department policy and violated long-standing Department practice and protocol by, among other things, criticizing Clinton’s uncharged conduct. We also found that Comey usurped the authority of the Attorney General, and inadequately and incompletely described the legal position of Department prosecutors.

    The IG said Comey violated longstanding department practice to avoid “trashing people we’re not charging.” He also inadequately and incompletely explained how Justice prosecutors came to make decisions. “Many of the problems with the statement resulted from Comey’s failure to coordinate with Department officials,” the IG wrote. Had he talked with them, they would have warned him about the problems his statement posed. What’s more, the prosecutors had a very different understanding of why they were declining to charge Clinton than the one Comey claimed they had in his public press conference.

    Comey also violated departmental practice in announcing publicly he reopened the probe after additional relevant emails were found on Anthony Weiner’s laptop. Both of these decisions were controversial inside and outside the agency.

    Also this:

    7. Breathtaking Bias

    Some FBI defenders latched onto the IG’s claim that he “did not find documentary or testimonial evidence that improper considerations, including political bias, directly affected the specific investigative decisions we reviewed.” All that means is that none of the politically biased texts specifically said political bias was leading them to make certain decisions. Of course, that would be a weird thing to find in any case.

    What the investigators found, however, was breathtaking anti-Trump and pro-Clinton bias from five of the key employees handling the Clinton email probe. No evidence was found of pro-Trump bias. And this evidence of profound bias is only for those who were foolish enough to record their extreme views. The IG also apparently had no texts from Justice Department officials, perhaps because Justice didn’t preserve them.

    The texts range from vile insults of Trump and his supporters to fears about how awful a Trump presidency would be and the need to prevent it. One employee said Trump voters were “all poor to middle class, uneducated, lazy POS.” One FBI lawyer discussed feeling “numb” by Trump’s November 2016 election win, later proclaiming “Viva le Resistance” when asked about Trump.

    Strzok wrote in July 2016, “Trump is a disaster. I have no idea how destabilizing his Presidency would be.” After the election, Page wrote that she’d bought “All the President’s Men,” adding, “Figure I needed to brush up on watergate.” The two openly fantasize about impeachment.

    In the preparation to interview Clinton as part of the criminal probe, Page tells a handful of her colleagues to take it easy on Clinton. “One more thing: she might be our next president. The last thing you need us going in there loaded for bear.”

    After each text exchange, the IG report includes defenses from the agents, some even harder to believe than the previous:

    August 8, 2016: In a text message on August 8, 2016, Page stated, “[Trump’s] not ever going to become president, right? Right?!” Strzok responded, ‘No. No he’s not. We’ll stop it.’ When asked about this text message, Strzok stated that he did not specifically recall sending it, but that he believed that it was intended to reassure Page that Trump would not be elected, not to suggest that he would do something to impact the investigation.

    Sure, hoss.

    All five of the FBI employees were referred back to the FBI for disciplinary action.

    Read the whole thing.

  • It appears that deputy FBI Director Andrew McCabe didn’t add Lisa Page to his team despite her having an affair with FBI agent Peter Strzok, but because of it, as a way to monitor the Clinton probe:

    Then-Deputy FBI Director Andrew McCabe tasked the mistress of lead agent Peter Strzok to stay appraised of the probe into Hillary Clinton’s private server — a decision that other bureau officials took issue with at the time, according to the Department of Justice Inspector General’s bombshell report.

    McCabe was supposed to be insulated from the probe by two levels of management: Strzok worked for counterintelligence head Bill Priestap, who worked for national security head Michael Steinbach, who reported up to McCabe. However, Strzok communicated about the probe with his mistress, Lisa Page, who worked directly for McCabe and acted as a liaison for the Clinton investigation for the deputy director.

    The report says:

    Lisa Page, who was Special Counsel to McCabe, became involved in the Midyear investigation after McCabe became the Deputy Director in February 2016. Page told the OIG that part of her function was to serve as a liaison between the Midyear team and McCabe.

    Page acknowledged that her role upset senior FBI officials, but told the OIG that McCabe relied on her to ensure that he had the information he needed to make decisions, without it being filtered through multiple layers of management.

    Several witnesses told the OIG that Page circumvented the official chain of command, and that Strzok communicated important Midyear case information to her, and thus to McCabe, without Priestap’s or Steinbach’s knowledge. McCabe said that he was aware of complaints about Page, and that he valued her ability to “spot issues” and bring them to his attention when others did not.

    Luke Rosiak also uses this image from the report:

  • Ironically, if Strzok hadn’t tried to sit on the Weiner laptop information discovered in September 2016, Hillary Clinton might be President now. (Hat tip: Stephen Green at Instapundit.)
  • I’ve asked before: Why was Strzok on both the Clinton email and Trump Russia probes? Does the FBI not have any other field agents? It appears that Strzok’s role was precisely to “to ‘stop’ Trump from being elected.” (Hat tip: Ace of Spades HQ.)
  • Wait, Strzok and Page weren’t the only FBI lovebirds texting each other about the case? Where the hell was this investigation being run from, The Love Boat? Bonus: “She joked to Agent 1 that Donald Trump’s supporters in Ohio were ‘retarded.’ She sneered that she didn’t know who was worse, Trump, the FBI, or ‘+o( Average American public.'” (Hat tip: Director Blue.)
  • More love for American voters from Strzok: “Just went to a southern Virginia Walmart. I could SMELL the Trump support.”
  • And speaking of what FBI agents on the Clinton email probe thought about American voters:

  • “FBI analysts and Prosecutor 2 told us that former President Barack Obama was one of the 13 individuals with whom Clinton had direct contact using her clintonemail.com account.” (Hat tip: Director Blue.)
  • Which Obama blatantly lied about.
  • This Wall Street Journal piece on the fall of Tony Podesta. Is well worth reading if you can find a way around the paywall. I especially like the part how Podesta was buying expensive new artworks while laying people off…
  • And remember: the Podesta Group worked for pro-Russian Ukrainian political party “Party of Regions.”
  • FBI Informant In Uranium One Scandal Testifies Against Obama

    The FBI’s informant in the Uranium One scandal involving the Obama administration gave written testimony to three congressional committees this week in which he accused the Obama administration of making decisions that directly benefited the Russian government and their goals of gaining geopolitical advantages over the United States.

    The informant, Douglas Campbell, told congressional investigators on Wednesday that Moscow sent millions of dollars to the U.S. with the expectation that it would benefit the Clintons, while Hillary Clinton “quarterbacked a ‘reset’ in US-Russian relations” in her role as Secretary of State during the Obama administration, The Hill reported.

    Key facts:

  • Campbell participated in closed-door interviews with the Senate Judiciary, House Intelligence and House Oversight and Government Reform committees.

    Campbell said that Russian nuclear officials told him that Moscow hired an American lobbying firm, APCO Worldwide, because it was in a unique position to influence the Obama administration, Hillary Clinton in particular.

    Democrats are aggressively trying to discredit him but are having little success as “the FBI found Campbell’s undercover work valuable enough to reward him with a $50,000 check in 2016.”

    Campbell says that the FBI told him that his work was “briefed to President Obama as part of his daily presidential briefing,” which would mean that Obama was aware of the crimes committed by the Russian officials.

    The FBI forced him to pay $500,000 of his own money to Russian officials as bribes to facilitate his cover, and the bureau never reimbursed him despite their praise of his work and the fact that the ordeal was so stressful that he developed serious, life-threatening illnesses.

    Initially, reports indicated that Campbell was threatened by the Obama administration in an attempt to silence him before the 2016 election as they did not want this case hurting Hillary Clinton after then-Attorney General Loretta Lynch’s Justice Department learned that he filed a lawsuit in a Maryland federal court. It was not immediately clear what the lawsuit was about, however Sara Carter reports: “Campbell filed a lawsuit in Maryland federal court against the Russian nuclear entities asking for the return of the money he had to launder out of his own paychecks.”

    “Russian and American executives implicated in the Tenex bribery scheme specifically asked him to try to help get the Uranium One deal approved by the Obama administration,” The Hill noted.

    He provided documentation of the corruption and crimes taking place to help Russia to the Obama administration months before they made a series of decisions that directly benefited Vladimir Putin and the Russian government.

    He provided documentation to the Obama administration that showed that the Russian government was actively involved in trying to help Iran develop their nuclear capabilities years before the Obama administration implemented the now-infamous Iran deal.

    He said that he was told by the FBI that the politics of the Obama administration overruled justice from taking place against the criminal activity that was happening.

    “I was frustrated watching the U.S. government make numerous decisions benefiting Rosatom and Tenex while those entities were engaged in serious criminal conduct on U.S. soil,” Campbell said in his testimony, as reported by The Hill’s John Solomon. “Tenex and Rosatom were raking in billions of U.S. dollars by signing contracts with American nuclear utility clients at the same time they were indulging in extortion by using threats to get bribes and kickbacks, with a portion going to Russia for high ranking officials.”

    “I remember one response I got from an agent when I asked how it was possible CFIUS would approve the Uranium One sale when the FBI could prove Rosatom was engaged in criminal conduct,” Campbell continued. “His answer: ‘Ask your politics.'”

    Some of the key players that were engaging in the criminal racketeering case have started to face justice, albeit years later. Sara A. Carter reports:

    It wasn’t until years later in 2015 that American businessman Daren Condrey, whose company Transportation Logistics International, plead guilty to conspiring to violate the Foreign Corrupt Practices Act (FCPA) and conspiring to commit wire fraud, according to the DOJ.

    Russian national Vadim Mikerin, who was a top official of the Russian nuclear arms subsidiary Tenex and would later become president of Tenam the American subsidiary of Rosatom, was also sentenced in December 2015. Mikerin, who only plead guilty to money laundering, was arrested for a racketeering scheme that dated back to 2004. He was sentenced to 48 months in prison.

    Boris Rubizhevsky, another Russian national from New Jersey, who was president of the security firm NEXGEN Security, was also involved in the conspiracy and plead guilty to conspiracy to commit money laundering in 2015. He served as a consultant to Tenam and to Mikerin. Rubizhevsky was sentenced to prison last year along with three years of supervised release and a $26,500 fine, according to a recent Reuters report.

    And Mark Lambert, 54, a co-owner of Transportation Logistics International, was charged this month on an “11-count indictment with one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and to commit wire fraud, seven counts of violating the FCPA, two counts of wire fraud and one count of international promotion money laundering,” as stated in the DOJ press release. Lambert’s charges stem from an alleged scheme to bribe Mikerin in order to secure contracts with TENEX, according to the DOJ release.

  • “The Clinton Foundation Borrowed $28.5 Million. Who Made It Disappear?”

    If we are to believe public filings submitted to the IRS under penalties of perjury, an entity known today as the Bill, Hillary & Chelsea Clinton Foundation borrowed $28.5 million on Feb. 20, 2004 — see page 30.

    Yet the foundation’s accounting firm, BKD LLP, issued on June 9, 2006, “Independent Accountants’ Report and Financial Statements” that contradict earlier IRS filings by claiming that proceeds from the $28.5 million in borrowing arrived at the Clinton Foundation by Dec. 31, 2003, or 51 days before the loans were actually secured.

    Read the whole thing for the forensic accounting details.

  • “How The Obama Justice Department Tried To Shut Down The FBI’s Investigation Into The Clinton Foundation
  • “Top Liberal Think Tank and Clinton Adviser Accused of Sheltering Sexual Harassers and Retaliating Against Victims.”

    Leading liberal think tank, the Center for American Progress (CAP), stands accused of sheltering sexual harassers and operating a toxic culture that made victims fear retaliation for speaking out.

    A heavily-reported exposé by Buzzfeed News on Tuesday documented those allegations–made by 19 former and current employees and staffers with the organization.

    One former junior staffer, who asked to be identified as Mary, left the organization by sending an exit memo to top CAP officials. This memo detailed sexual harassment she had experienced from a manager on her team named Benton Strong. Mary alleged that Strong’s harassment was well known within CAP’s upper ranks, that they did nothing about it, and that she was retaliated against for reporting the harassment in the first place. Mary’s emailed exit memo reads, in part:

    [O]n several occasions, myself and others on the team felt as if reporting had been a mistake and that the retaliation, worsening of already tenuous team dynamics, and treatment by supervisors outweighed the seemingly positive act of reporting sexual harassment in the workplace.

    At another point in her exit memo, Mary described “lewd and inappropriate text messages” from Strong which made her “uncomfortable being in the workplace around him.” One of those text messages–confirmed by multiple other CAP staffers at the time–was sent after midnight and expressed Strong’s desire to perform oral sex on Mary. Others included discussions of blowjobs, comments about her body and frequent entreaties to meet for drinks.

    Snip.

    One former union member singled out CAP’s president Neera Tanden. In comments to Buzzfeed, they described an allegedly unproductive meeting with Tanden regarding sexual harassment at CAP:

    Neera’s approach was maybe we can start hosting brown bags with HR so people will feel more comfortable coming out and doing things. So they had almost a do-nothing approach. … They said they would think about things that [the union brought up], and that was essentially it.

    Tanden is a high-profile Twitter user, staunch supporter of Hillary Clinton and the former secretary of state’s longtime advisor.

    (Hat tip: Stephen Green at Instapundit.)

  • Hillary Clinton remains consistently tone-deaf when it comes to those bitter, clinging freaks known as “voters”:

    For years, I’ve been writing that the great myth about Hillary Clinton is the notion she shared even a fraction of her husband’s political skills. There is no transitive property to marriage. If Bill Clinton could play the xylophone, Hillary Clinton wouldn’t have gained the skill when she said, “I do.” So it goes with politics. Bill Clinton would never dream of saying anything like this. Having risen in Arkansas politics — not an over-performing state GDP-wise — he understood how to talk to working-class voters in ways Hillary never learned in 40 years of standing next to him sagely nodding.

    So, what’s wrong with what she said? Well, nearly everything, starting with the fact that she probably believes all of it. It shows that she really doesn’t like large swathes of the country. She has a Manichaean view that says people who voted against her are backward, racist, sexist, and kind of dumb. I didn’t love the slogan “Make America Great Again,” and Lord knows I didn’t like Trump’s campaign style. But for millions of decent Americans, Trump’s program was optimistic. “We’re gonna make America great again” may sound unequivocally racist to the race-obsessed, but that’s not how everyone who liked it heard it. How easy and comfortable it must be to think that anyone who voted against you is against “black people getting rights.”

  • Hillary Clinton’s speaking fees have inexplicably declined by 90%. (Hat tip: Director Blue.)
  • Why does Bill Clinton get a pass on #MeToo?

    It’s 2018. One of the world’s most powerful married men had a 22-year-old intern perform oral sex on him in his office. He’s been accused of sexual assault by three other women. One claims, as is the case with so many of the men who have fallen from positions of power as a result, that he exposed himself to her (which always makes me, at least, pause and wonder why on earth so many men seem to want to do this). We know, too, that he lied about his tryst with the intern.

    So why is Bill Clinton still presiding over glamorous parties?

    When Monica Lewinsky was disinvited from a Town & Country Philanthropy Summit earlier this month where Bill Clinton was speaking, the question shouldn’t have been why was she disinvited. It should have been why is Bill Clinton is headlining events at all.

    And boy, is he ever. Clinton has a full social schedule this summer. In June he’ll be publicizing his book “The President is Missing” along with his co-author James Patterson all across the country. He’ll also make time to host the Clinton Foundation dinner, where tickets range from $2,500 to $100,000 and Shaggy and Sting are scheduled to perform.

    Again, he’s almost certainly guilty of actions that would be categorized as harassment in 2018. The fact that the Lewinsky affair happened as long ago as 1995 is no matter.

    Charlie Rose is accused of harassment by several employees dating back to the late 1990s — and he lost his job in November.

    People seem curiously willing to hold Clinton to a different standard than other men accused of sexual harassment. Many don’t seem especially bothered by his actions at all and lay the blame for the scandal squarely on Lewinsky. In a 2014 Economist/YouGov poll, 58 percent of those surveyed had a favorable opinion of Bill Clinton. Meanwhile, 48 percent had an unfavorable opinion of Lewinsky.

    As recently as 2016, the very liberal Joy Behar was dismissing the women who slept with Clinton as “tramps” on “The View.” Not that much has changed since the period in the ’90s when Maureen Dowd dismissed Lewsinky as being “nutty and slutty” and “a ditsy, predatory White House intern who might have lied under oath for a job at Revlon.”

    A Rasmussen Reports poll taken in November 2017, a month after the #MeToo movement began, found that 59 percent of people believe the accusations against Bill Clinton. But you wouldn’t know it from the way he’s being treated.

    (Hat tip: Director Blue.)

  • You know that NXIVM sex cult that’s been so much in the news as of late? At least three members are “invitation-only” members of the Clinton Global Initiative:

    On March 14 and April 13, records show, more than a dozen contributions poured into Clinton’s coffers from NXIVM, an executive and group-awareness training organization led by Brooklyn-born Keith Raniere, 47.

    Most were from first-time political donors, each giving the $2,300 maximum.

    Three of the March and April Clinton pledges came from Raniere’s most high-profile followers: Seagram heiresses Clare and Sara Bronfman, and Pamela Cafritz, daughter of D.C. A-listers Buffy and Bill Cafritz.

    Hillary isn’t the only Clinton NXIVM officials are attracted to.

    At least three of them – group President Nancy Salzman and the Bronfman sisters – are members of Bill’s charitable organization, the Clinton Global Initiative. Membership is by invitation only and requires at least a $15,000 donation per person for one year.

  • Family’s Illegal Control of Clinton Charity Violates Multiple State Laws, Regs.
  • “No Evidence of Trump-Russia Collusion, But ‘Clear Links’ Between Clinton Campaign & Russians.” (Hat tip: Director Blue.)
  • “Judicial Watch: At Least 18 Classified Emails Found on Weiner’s Laptop.”
  • “Hillary Clinton’s team pressured the New York Times into printing misleading corrections.”
  • So this is evidently not a Photoshop:

  • Hillary Clinton, Boozehound.
  • Not-so-coincidentally, Hillary Clinton has been trying to hide still more health problems, such as a broken wrist and…
  • a back brace.
  • British nationals illegally campaigned for Hillary Clinton in 2016.
  • Did Chelsea Clinton help funnel $11 million in federal contacts to her best friend’s phony think tank?

    During Hillary Clinton’s tenure as Secretary of State, more than $11 Million of federal contracts were awarded to a questionably legitimate think-tank, which is owned and operated by Chelsea Clinton’s “Best Friend”.

    Jacqueline Newmyer, who Chelsea Clinton says is her “best friend”, owns and operates Long Term Strategy Group (LTSG). Over the past 10 years, LTSG has been awarded more than $11 million from a Department of Defense think-tank known as the Office of Net Assessment (ONA).

    Long Term Strategy Group, has a virtually non-existent website and has no security clearances, yet to date they have received $11.2 Million in federal contracts according to USAspending.gov.

  • Man claiming to be Bill Clinton’s son wants another DNA test.
  • My Hovercraft Is Full Of Moose

    June 18th, 2018

    When you see a phrase like “Moose vs. Hovercraft,” you think it’s probably about some ironic iPhone game you can back on Kickstarter. (That, or a SyFy movie, in which case it would be Giant Moose vs. Megahovercraft.) But today the phrase pops up in relation to a case the Supreme Court has agreed to take up. Bonus: For the second time.

    An Alaska hunter who wants to use his hovercraft to hunt moose persuaded the Supreme Court to take up his case Monday for the second time.

    After its last hearing on John Sturgeon’s case, the Supreme Court found that the Ninth Circuit failed to recognize the unique conditions of Alaska that usually make the state the exception, not the rule, when it comes to Nation Park Service regulations.

    On remand from the Supreme Court, however, the Ninth Circuit again ruled against Sturgeon, finding that the U.S. government had authority to regulate Sturgeon’s use of a hovercraft on the federally protected Nation River.

    Sturgeon’s latest petition for certiorari, which he filed this past January,

    Asks whether the Alaska National Interest Lands Conservation Act prohibits the National Park Service from exercising regulatory control over state, tribal or private land that overlaps with the National Park System in Alaska.

    The Supreme Court decision for the first round of Sturgeon vs. Frost can be found here. An excerpt:

    In 2007, John Sturgeon was piloting his hovercraft over a stretch of the Nation River that flows through the Yukon-Charley Rivers National Preserve, a conservation system unit in Alaska that is managed by the National Park Service. Alaska law permits the use of hovercraft. National Park Service regulations do not. See 36 CFR §2.17(e). Park Service rangers approached Sturgeon, informing him that hovercraft were prohibited within the preserve under Park Service regulations. Sturgeon protested that Park Service regulations did not apply because the river was owned by the State of Alaska. The rangers ordered Sturgeon to re move his hovercraft from the preserve, and he complied. Sturgeon later filed suit against the Park Service in the United States District Court for the District of Alaska, seeking declaratory and injunctive relief permitting him to operate his hovercraft within the boundaries of the Yukon-Charley. Alaska intervened in support of Sturgeon.

    The Supremes remanded the case back to the Ninth Circuit saying they had misinterpreted the regulation in question:

    Looking at ANILCA both as a whole and with respect to Section 103(c), the Act contemplates the possibility that all the land within the boundaries of conservation system units in Alaska may be treated differently from federally managed preservation areas across the country, and that “non-public” lands within the boundaries of those units may be treated differently from “public” lands within the unit. Under the Ninth Circuit’s reading of Section 103(c), however, the former is not an option, and the latter would require contorted and counterintuitive measures.

    The Ninth basically responded as they are usually wont to do. “Nah-uh, you’re not the boss of me! I do what I want! Screw you, moose-hunting hovercraft guy!” (I might be paraphrasing just a tad here.)

    Having been ignored the first time, expect the Supreme Court to strike down upon the ninth with great vengeance and furious anger issue a more strongly-worded decision. The only question is whether it will be a narrowly-based textual decision, or a broader decision about federal regulation of state and private lands.

    (Hat tip for my headline swipe.)

    Voters to Klein ISD’s Tax Hike: REJECTED

    June 17th, 2018

    Voters in Klein ISD rejected a 9% tax hike by 55%-45%.

    It’s encouraging to think that the days of Texas voters passing any old tax hike put before them are finally gone. (Well, at least outside Travis County…)

    (Previously.)

    Chuck Schumer: “Trump is All Cattle, No Hat”

    June 17th, 2018

    On Greg Gutfeld, Democratic Minority Leader Chuck Schumer made the Mother of all Freudian Slips:

    Kat Timpf wonder why he’s incapable of using Google…

    Labour Live Is Merely Pining for the Fjords

    June 16th, 2018

    There’s a “Labour Live” event going on North London right now. It evidently hasn’t been a huge success:

    LABOUR Live – the troubled Glastonbury-style festival where the party was hoping to recreate the success of their rousing General Election rallies – has been mercilessly slammed for its dwindling crowds and lack of interest.

    The event, dubbed ‘Jezfest’, is taking place at the 20,000-capacity White Hart Lane recreation ground in north London today.

    It features appearances from music acts including Clean Bandit and the Magic, alongside a speech from Jeremy Corbyn himself, who appeared in front of tens of thousands of people at the Glastonbury Festival last summer to give a rousing speech prior to the General Election.

    Shadow Chancellor John McDonnell and left-wing activist Owen Jones were also billed to speak.

    It was meant to be a money-spinner for Labour but a reported 3,000 tickets had only been sold and according to insiders, the party could lose more than £1 million as a result.

    “The biggest success since the Fyre Festival!”

    Twitter was pretty merciless:

    And the Tories got in a good dig:

    LinkSwarm for June 15, 2018

    June 15th, 2018

    Everyone’s talking about the the Inspector General Report on the Hillary Clinton email probe, which I’ve not only not been able to read, I haven’t even properly skimmed the summaries yet. But I was already planning to do a Clinton Corruption Update next week, so I’ll try to grapple with it then.

  • President Donald Trump to Speaker Paul Ryan: No, I’m not signing your stupid illegal alien amnesty bill. (Hat tip: Director Blue.)
  • 50 Media Mistakes in the Trump Era. Just 50? Here’s a taste: “June 4, 2017: NBC News reported in a Tweet that Russian President Vladimir Putin told TV host Megan Kelly that he had compromising information about Trump. Actually, Putin said the opposite: that he did not have compromising information on Trump.”
  • Samantha Bee: the funniest thing since feeding your arm into a wood chipper:

    Samantha Bee has never to my knowledge said anything that is funny. Her business is the sort of thing that would be of keen interest to those monkeys in the Duke study: the ritual raising and lowering of status — which, as Tyler Cowen and Arnold Kling and others have argued, is what politics is mostly about. The same holds true for media criticism, which is of course only another form of politics. Professor Cowen: “I have a simple hypothesis. No matter what the media tells you their job is, the feature of media that actually draws viewer interest is how media stories either raise or lower particular individuals in status. . . . The status ranking of individuals implied by a particular media source is never the same as yours, and often not even close. . . . Indeed that is why other people enjoy those media sources, because they take pleasure in your status, and the status of your allies, being lowered.”

    Samantha Bee does not sell humor or satire: She sells status adjustment. She got her start on The Daily Show, which of course is nothing more than an extended, tedious, witless exercise in concentrated status-lowering: hence all that chest-pounding excitement every time Jon Stewart destroyed! somebody or another, which is precisely the sort of thing that gets the ol’ chimp juices flowing.

    Calling Ivanka Trump a “feckless c***” on television is a win-win for Bee et al.: One possibility is that Ivanka Trump offers no response, in which case her status is lowered by her being obliged to endure outrageous insults by a relative nobody on TBS; the second possibility is that she responds, in which case her status is lowered by her being obliged to condescend to respond to the outrageous insults of a relative nobody on TBS. The proverb holds that the problem with wrestling a pig is that you both get dirty but only the pig enjoys it. Samantha Bee is that pig.

  • Nancy Pelosi is still dragging down Democrats. The gift that keeps giving!
  • How the great liberal freakout is dooming Democrats:

    Since Trump’s election victory in 2016, the left has lost their goddamn minds. The left has become a national freakout movement and they think that his election legitimizes their complete childish and vulgar meltdown on the national stage. On their side, there is no one telling them that they’ve gone too far- they will simply ramp up the violence all the way to the fall. There’s no one to stop their post-election temper tantrum.

    Let’s be honest, though. This didn’t happen overnight. The left has absolved itself from any cultural responsibility the moment they gave Bill Clinton a pass for raping people. And then used cultural outlets like The Daily Show to mock everyone who isn’t on their side and delegitimize civil discourse.

    Come the mid-term elections, the more crass and racist stunts that they pull (and get away with), the more people are going to drift into the right-of-center Trump camp. The Democrats were already demographically in trouble with 2018, but the further they push the cultural envelope with mean and childish antics (let alone actual political violence) they are going to get a cultural backlash that makes 1968 look like child’s play.

    And what really is bad news for the left is that they’re already at peak jerk levels. What the heck will they do for an encore leading up to November?

  • Why Democrats keep hearing racist “dog whistles” that aren’t there.

    If you had been making predictions based on these different movies, Movie 1, predicted that President Trump would not be popular with Israel, and he wouldn’t take the bold step of moving the American embassy to Jerusalem. But both of those outcomes are compatible with Movie 2.

    Movie 1 would have predicted there is no way President Trump would grant a posthumous pardon of African-American boxer Jack Johnson because it wouldn’t fit the racist dog whistle script. But Movie 2 is compatible with the pardon. Same with the pardon of Alice Johnson.

    Movie 1 would have predicted that President Trump would underplay the fact that black unemployment reached its best level in the history of America. That’s the sort of accomplishment that would make his racist supporters stop hearing the secret racist dog whistle. It doesn’t fit. But President Trump’s frequent highlighting of gains for African-American citizens fits Movie 2 perfectly.

    I realize no one reading this post will change movies because of it. My only point today is that mainstream Trump supporters are not knowingly supporting someone they believe to be a racist. It only looks that way to the folks trapped in Movie 1.

  • Eight members of Oxford child sex gang sentenced.

    Assad Hussain, 37, was handed a life sentence with a minimum term of 12 years for multiple counts of rape and indecent assault.

    Moinul Islam, 42, got 15 years and nine months for rape, indecent assault and supplying class B and class C drugs.

    Haji Khan, 38, got 10 years for conspiracy to rape. Raheem Ahmed, 41, got 12 years for indecent assault and false imprisonment.

    Kamran Khan, 36, got eight years for false imprisonment and indecent assault. Kameer Iqbal, 39, got 12 years for multiple rapes.

    Alladitta Yousaf, 48, got seven and half years for indecent assault. Khalid Hussain, 38, got 12 years for indecent assault and rape.

    Hmm. I wonder what their religious and/or ethnic background was? It’s an insoluble mystery…

  • Australian celebrity paedophile ring revealed.”

    Rozanna and Kate Lilley, the daughters of playwright and poet Dorothy Hewett, say they were forced into sex aged 15 by men including the late Bob Ellis and Martin Sharp, The Australian reports.

    Sharp, Australia’s foremost pop artist, designed record covers and posters for Bob Dylan, Donovan and Eric Clapton and wrote songs for Clapton’s band, Cream.

    Ellis was a political commentator, write and film maker who penned 22 television and screenplays.

    (Hat tip: The Other McCain.)

  • And speaking of statutory rape, here’s the inside story of the night Roman Polanski raped a child. Includes details of just how he set about deliberately seducing a girl he knew went to middle school.
  • Mueller’s indictments not only don’t indicate Russian collusion on part of Donald Trump’s presidential campaign, they actually indicate the opposite, says notorious right-wing shills at…The Nation?
  • Liberal billionaire Tom Steyer breaks the law by hiring felons to gather signatures in Arizona.
  • Tanzania outlaws “unregistered” blogging. And of course they’re using “hate speech” as an excuse.
  • AT&T/Time Warner merger approved. Can’t think that this is a good thing, given how much of the local broadband market are government-enforced monopolies…
  • Alan Dershowitz:

    The director of the American Civil Liberties Union has now acknowledged what should have been obvious to everybody over the past several years: The ACLU is no longer a neutral defender of everyone’s civil liberties. It has morphed into a hyper-partisan, hard-left political advocacy group. The final nail in its coffin was the announcement that, for the first time in its history, the ACLU would become involved in partisan electoral politics, supporting candidates, referenda and other agenda-driven political goals.

  • Important safety tip: If you’re a popular band, never play Indonesia. Among the worst incidents: multiple cases of death, and Deep Purple’s manager being dropped down an elevator shaft. (Hat tip: Ann Althouse.)
  • In Austin news, Interim Police Chief Manly is no longer interim. Dwight thinks it’s a good move.
  • In a shocking development, no one wants to pay $99 a ticket to watch high school basketball players. Reality 99, LaVar Ball 0.
  • Speaking of basketball games no one will be willing to pay $99 a ticket for, Ted Cruz will play Jimmy Kimmel a one-on-one basketball game in Houston Saturday, with the loser coughing up $5,000 to the winner’s non-political charity of choice.
  • Somebody had a really shitty day:

  • Punchy punches Dem chances:

  • The Amnesty That Refused To Die

    June 14th, 2018

    Like a dog returning to its own vomit, Republican congressional leaders just can’t stay away from illegal alien amnesty. Evidently because they love creating new Democratic voters, ignoring the rule of law and depressing their base.

    A leaked draft of House Speaker Paul Ryan’s (R-WI) amnesty deal could lead to the “biggest” amnesty for illegal aliens in United States history, experts tell Breitbart News.

    Ryan’s immigration deal would go beyond giving amnesty to only the nearly 800,000 illegal aliens who are enrolled in the President Obama-created Deferred Action for Childhood Arrivals (DACA) program.

    According to a leaked draft of the amnesty deal, obtained by Breitbart News, Ryan’s plan would allow the entire “DACA population” to be eligible for amnesty so long as they meet low educational, work and criminal requirements, prompting the amnesty to explode in size.

    A draft of the leaked GOP amnesty deal

    That DACA population could include the nearly 3.5 million DACA-enrolled and DACA-eligible illegal aliens, and even more illegal aliens who arrive in the U.S. to fraudulently obtain the amnesty.

    NumbersUSA Governmental Affairs Director Rosemary Jenks told Breitbart News that Ryan’s amnesty will — at the least — allow 1.8 million illegal aliens to stay in the U.S.

    “This has the potential to turn into the biggest amnesty we’ve ever had,” Jenks said.

    The leaked amnesty deal reveals that Ryan and the Republican establishment may even be considering going beyond giving amnesty to DACA illegal aliens.

    A second amnesty is included in the leaked draft, one that would allow the children of temporary foreign guest workers and “anyone who has a ‘contingent nonimmigrant status’” to apply for the amnesty.

    How about “No”? Does “No” work for you? How about “Hell No!”?

    What needs to be done is:

  • Increased border enforcement
  • Implement E-Verify
  • Build the wall
  • All that needs to be done before any sort of amnesty is even considered.

    Why is this message so hard for congressional Republicans to understand?

    Singapore Summit: Trump, North Korea, Dennis Rodman, And The Continuing Liberal Freakout

    June 13th, 2018

    President Donald Trump met with North Korean dictator Kim Jong-Un in Singapore, and they signed a broad joint agreement to denuclearize the Korean peninsula. Which is all well and good, if not terribly meaningful if Kim doesn’t follow-through and allow U.S. inspectors access to verify denuclearization. North Korea has broken several agreements in the past, and there’s no guarantee they won’t break this one, but President Trump has been a lot better about keeping economic pressure on North Korea to comply than Clinton or Obama was. But even if nothing ever comes of it, we’ve already come out ahead:

    I do not fault Trump for throwing out the status quo playbook, which has led to many years of bipartisan failures vis-a-vis North Korea. Shaking things up, grabbing Kim’s attention, and alternatively using sticks (“fire and fury”) and carrots (charm offensive) to land the Hermit Kingdom’s dictator at the negotiating table, in person, involved a series of bold strokes. Ramping up biting sanctions while ratcheting up bellicose rhetoric seems to have spooked the regime, at least to some degree. Kim released three hostages (let’s not forget the one his goons murdered), allegedly destroyed a nuclear test site, and agreed to leave the safety of his country for a face-to-face meeting. For all of this, Trump deserves some real credit.

    (Some Facebook friends were apoplectic when I pointed out that President Trump got hostages released in North Korea, which they furiously insisted happened a month ago and thus had absolutely nothing to do with this summit. Sure, sport, if that’s the hill you want to die on, whatever you say. Trump Derangement Syndrome is a hell of a drug.)

    And even if it is a meaningless agreement, at least it didn’t cost us $150 billion to produce the failure, unlike Obama’s Iran deal. All it cost us was a cancelled wargame with South Korea (a pretty nominal cost) and President Trump serving up some oleaginous flattery to his negotiating counterpart. None of that should obscure that Kim is, in fact, still a communist scumbag. Can he stop being a communist scumbag? Five years ago I would have said no. But no one expected Saudi Arabia to give up Wahabbism, but that seems to be happening, and President Trump had some role in that as well. Old approaches haven’t worked, and maybe Kim is smart enough to grasp what every non-leftist outside his country already has: communism is a miserable failure and capitalism is the only path forward to prosperity.

    At least one person was overjoyed at the summit: Ex-basketball player Dennis Rodman.

    Does that sound like the ravings of a naive fool?

    Yes. Yes it does. (Though I can understand him being upset at receiving hundreds of death threats.) But that naive fool may have provided the crack through which President Trump could channel his persuasion techniques. And his much-derided basketball trip may turn out to be the equivalent of Nixon’s “ping-pong diplomacy” with China.

    Also supporting President Trump’s North Korean initiative were…15 House Democrats? (Well, 14 if you discount the non-voting representative from Guam.)

    The House Democrat letter is signed by Reps. Raul Grijalva (AZ), Barbara Lee (CA), Mark Pocan (WI), Pramila Jayapal (WA), Tulsi Gabbard (HI), Bobby Rush (IL), Zoe Lofgren (CA), Madeleine Bordallo (GUAM), Colleen Hanabusa (HI), Mark DeSaulnier (CA), Richard Nolan (MN), Karen Bass (CA), Jared Huffman (CA), and Jamie Raskin (MD)

    Most interesting from that list: Both of Hawaii’s representatives support President Trump’s negotiations. Funny how being threatened with direct nuclear annihilation can clarify the mind.

    Opposed to President Trump’s negotiations: liberals in the media:

    The media rebuked Ronald Reagan for calling the Soviet Union an evil empire. These days the media is demanding that Donald Trump isolate North Korea as one. Suddenly the peaceniks of the press corps deplore dialogue and demand to know why “Trump is legitimizing” Kim Jong Un.

    On Monday night, MSNBC assembled a panel of spiteful Trump critics to throw a wet blanket over the summit. The doves turned into hawks and spent much of the evening trying to peck at Trump. Most of the people on the panel are apologists for this or that communist thug—just go back and look at MSNBC’s fawning coverage of Fidel Castro’s death—but on Monday night they played hardliners. Rachel Maddow, furrowing her brow as usual, objected to Trump even holding a summit. She has finally found a communist leader she thinks America should ostracize. When Obama met with the Castro brothers, she burbled with enthusiasm. But she covered this moment of historic diplomacy like a funeral, shuddering at the thought of North Korea joining the “community” of nations.

    MSNBC saw the summit as just one more occasion for obsessive anti-Trump fault-finding. The disgraced Brian Williams is still hanging around for some reason and looked like he wanted to give the summit the kind of newsy, anchormanish treatment of old, but he couldn’t pull it off in the company of jabbering Trump haters, for whom wild opining is all that counts. Plus, Williams is too reduced a figure for the cocksure Maddow to give any equal time. But Williams’s ego still asserts itself from time to time. On Monday night he fed it by asking one of the sham historians on the panel an arcane, look-at-what-I-know style question about the USS Pueblo, a ship the North Koreans captured in 1968.

    The utterly contemptible Nicole Wallace, whose smugness and nastiness are beyond caricature, drove much of the shrill coverage. She was at her whiny, know-it-all worst, droning on about Trump’s lack of “preparation” and so forth. But Trump seemed perfectly at ease, getting a stiff Kim Jong Un to crack a smile. Trump had said it would only take “a minute” for him to sense if the relationship between the two countries could improve. By that measure, the summit appeared to start promisingly. Normally such friendly gestures between an American leader and an adversary would warm the hearts of liberals. Not this time. The MSNBC panel looked on coldly and muttered suspiciously about Trump’s body language.

    (Hat tip: Stephen Green at Instapundit.)

    Remember how last year liberals were saying that Donald Trump’s statements about North Korea were going to result in nuclear war?

    Good times, good times…