Category Archives: Law

Yesterday’s Senate Space Hearing

Bob Zimmerman has a roundup of links, and some thoughts:

Cruz’s effort here appears incredibly bi-partisan. The only other Senate attendees to the hearing were Democrats, with the former and new ranking leaders of the subcommittee from the Democratic Party, Bill Nelson (R-Florida) and Ed Markey (R-Massachusetts), participating eagerly and without rancor. They were both there for the entire hearing, and were clearly being influenced not only by Cruz’s remarks but by the testimony of the witnesses. That no other Republican attended this hearing was I think not because they were boycotting Cruz (several fellow committee members, such as Mike Lee (R-Utah), are strong conservative allies) but because Cruz does not need to convince them to support his position. He was working here to bring the Democrats to his side, and it appeared that he was having some success.

Most important of all, however, were the repeated references to the Outer Space Treaty by Cruz and others. That Cruz noted that maybe it is outdated and needs revision did not surprise me. What was significant, and not captured by the stories above, was his reference to the idea of incorporating the American concept of homesteading in that revision. Even more significant was Bill Nelson’s hearty endorsement of the idea, noting that his own family had obtained land through homesteading in the early 20th century, a piece of land that just happened to be located near one end of the space shuttle runway at the Kennedy Space Center.

While these senators might have been influenced by my op-ed in The Federalist last week, I think it much more likely that they have been, like me, considering this issue themselves, and that I more likely sensed the wave coming from many different places, and caught it with my op-ed at just the right time.

If there’s any administration that could take action on the OST, it’s this one.

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.