Category Archives: Law

The Iran “Deal”

It just keeps looking worse and worse:

When federal prosecutors and agents learned the true extent of the releases, many were shocked and angry. Some had spent years, if not decades, working to penetrate the global proliferation networks that allowed Iranian arms traders both to obtain crucial materials for Tehran’s illicit nuclear and ballistic missile programs and, in some cases, to provide dangerous materials to other countries.

“They didn’t just dismiss a bunch of innocent business guys,” said one former federal law enforcement supervisor centrally involved in the hunt for Iranian arms traffickers and nuclear smugglers. “And then they didn’t give a full story of it.”

In its determination to win support for the nuclear deal and prisoner swap from Tehran — and from Congress and the American people — the Obama administration did a lot more than just downplay the threats posed by the men it let off the hook, according to POLITICO’s findings.

Through action in some cases and inaction in others, the White House derailed its own much-touted National Counterproliferation Initiative at a time when it was making unprecedented headway in thwarting Iran’s proliferation networks. In addition, the POLITICO investigation found that Justice and State Department officials denied or delayed requests from prosecutors and agents to lure some key Iranian fugitives to friendly countries so they could be arrested. Similarly, Justice and State, at times in consultation with the White House, slowed down efforts to extradite some suspects already in custody overseas, according to current and former officials and others involved in the counterproliferation effort.

And as far back as the fall of 2014, Obama administration officials began slow-walking some significant investigations and prosecutions of Iranian procurement networks operating in the U.S. These previously undisclosed findings are based on interviews with key participants at all levels of government and an extensive review of court records and other documents.

“Clearly, there was an embargo on any Iranian cases,” according to the former federal supervisor.

It was treasonous, really, and probably at the instigation of Valerie Jarrett.

No, Howard Dean

There is no “hate speech” exception to the First Amendment:

Of course, one can certainly argue that First Amendment law should be changed to allow bans on hate speech (whether bigoted speech, blasphemy, blasphemy to which foreigners may respond with attacks on Americans, flag burning, or anything else). I think no such exception should be recognized, but of course, like all questions about what the law ought to be, this is a matter that can be debated. Indeed, people have a First Amendment right to call for speech restrictions, just as they have a First Amendment right to call for gun bans or bans on Islam or government-imposed race discrimination or anything else that current constitutional law forbids. Constitutional law is no more set in stone than any other law.

But those who want to make such arguments should acknowledge that they are calling for a change in First Amendment law and should explain just what that change would be, so people can thoughtfully evaluate it. Calls for a new First Amendment exception for “hate speech” shouldn’t rely just on the undefined term “hate speech” — they should explain just what viewpoints the government would be allowed to suppress, what viewpoints would remain protected and how judges, juries and prosecutors are supposed to distinguish the two. And claiming that hate speech is already “not protected by the first amendment,” as if one is just restating settled law, does not suffice.

These people are idiots.

Like, With A Cloth?

Hillary knew a lot more about servers than she pretended:

Yeah, she basically at the end of the 2008 campaign instructed one of her close aides to download the emails of some of her top campaign advisors to figure out who’d been talking to the press, who’d been doing the backstabbing, or presumably if anybody had been talking bad about her, and because she felt that this loyalty was a huge problem for her in 2008. So what she did was figured out how to get all these emails. Now you know, a few years later, she’s making the argument that she didn’t understand what she was doing in setting up a private server outside the State Department system. But it’s very hard to, it’s very hard to reconcile the idea that she understood well enough that she could download her own aides’ emails, but didn’t understand that by putting a server outside the State Department, she was basically preventing people from getting her information during a campaign season, unless of course as happened, there was a court order to retrieve those emails.

We know why she set up the server, and it wasn’t “for convenience.” Other than it being inconvenient for her if people found out what she was really doing. She probably did lie to the FBI, but Comey was either in the tank for her, or a political coward.

Trump To Democrats

“Negotiate on ObamaCare, or I’ll enforce the law“:

At stake are “cost sharing” payments that Obamacare backers say are supposed to be made to insurance companies to cover their losses from low-income customers.

A federal court has invalidated the payments, saying the Obama administration spent the money even though Congress specifically stripped the funds from its annual spending bills.

The government is still making the payments pending an appeal of the case, but Mr. Trump hinted last week that he would halt the payments himself, forcing Obamacare into a quick death unless Democrats agree to negotiate over major changes to the Affordable Care Act.

“If Congress doesn’t approve it, or if I don’t approve it, that would mean that Obamacare doesn’t have enough money, so it dies immediately as opposed to over a period of time,” he told The Wall Street Journal.

Live by the pen and phone, die by the pen and phone.

[Update a few minutes later]

Related: What is Trump’s deal?

he confusion here is rooted in trying to figure out what Trump’s convictions are, what his foreign policy is. This inevitably goes astray, because Trump doesn’t actually have any firm convictions, at least along those lines. He can be in favor of and against gun control; be against the government being involved in healthcare and in favor of a government single-payer system; be opposed to bombing Syria and okay with Tomahawk cruise missiles striking Syrian airbases—because he doesn’t actually have any sort of coherent large-scale vision or any particular ideals about the human condition.

He’s a salesman. What he cares about is the Deal. He even says it outright: his autobiographical business book is called The Art of the Deal.

If you want to understand salesmen, the best start is to watch the famous “Always Be Closing” speech from Glengarry Glen Ross.

“Always Be Closing” is not David Mamet’s invention, it’s an observation. It was the advice given to salesmen back at least into the ’60s when I was reading sales training materials that my grandfather had for the salesmen that worked selling pianos and appliances in the family business. (Yes, I actually will read anything.) It’s the advice given to salespeople now.

“Always Be Closing” means everything you do should be in the service of getting the deal, getting a signature and a check.

Whatever else one may think of Trump, you have to admit that Trump is a master salesman. Look at the campaign, where he took various positions — expel Muslims, deport Mexicans, or well, maybe not all Muslims, and Mexicans are mostly wonderful people — one after another, clearly responding to the reaction. Always Be Closing: he made sure his positions got him closer to closing the deal on the presidency. Did it matter that he contradicted himself? No! Concerns about things like that weren’t helping him close the deal.

This has been clear to me from day one. Beyond his boorishness, his utter lack of principles or coherent worldview was the reason so many principled conservatives (and libertarians) opposed him. But I’m still glad she lost.

[Update a few more minutes later]

Trump’s choice: Populism or corporatism.

It’s a shame that neither are particularly principled. The Founders would weep.

[Update a few more minutes later]

Corporate America’s support for the Paris agreement is why Trump should get us out of it.

Well, it’s not the only reason, but yeah.