Category Archives: Law

The Virgin Galactic Mess

There’s a long story at The Daily Beast about it. The author gets this wrong, though:

There has never been any doubt about who the Number One Passenger is going to be: Branson himself. Soon after last year’s crash he was repeating an ambition aired many times before—that he looked forward to going up—and taking his son Sam and daughter Holly with him. The idea was that seats for the Bransons would be installed in the cabin behind the pilots as soon as SS2 had achieved the apogee height in tests. (That probably couldn’t happen without the FAA approving an operator’s license, whether Branson realizes this or not.)

There’s no such thing as an “operator’s license.” In theory, if he’d wanted to, Branson could have been aboard the flight that destroyed the vehicle last fall, and the FAA would have had nothing formal to say about it.

Meanwhile, Andy Pasztor has his take at the Journal (do a Google search on the article title to read it). This quote seems a little disingenuous:

According to a summary of that interview released by the NTSB earlier this week, Mr. Hardy also said that “he had never seen an applicant [for an FAA launch permit] make the assumption that a pilot would not make a mistake” as part of a formal hazard analysis.

How many has he seen that actually had pilots involved?

Huma’s Special Treatment

Gosh, it’s like it’s corruption and cover up to the core:

By allowing it, Clinton wasn’t just helping a friend boost her income. She was increasing the potential leverage of the Clinton machine, and in ways that could, and maybe did, benefit the Clinton Foundation.

The Abedin scandal is thus related to the “Clinton cash” scandal.

It is also related to Hillary’s email scandal. According to Grassley, the State Department investigators have “reason to believe that email evidence relevant to [its] inquiry was contained in emails sent and received from her account on Secretary Clinton’s non-government server, making them unavailable to [the investigators’ office] through its normal statutory right of access to records.”

Laws are for the little people.

[Update a while later]

Then there’s this:

The finding against Abedin, which she disputes, is that she was improperly paid while on leave. According to Sen. Grassley’s description of the investigation’s findings, Abedin’s time sheets indicate that she never took vacation or sick leave during her four years at the State Department. However, the investigation discovered that Abedin did, in fact, take time off, including a 10-day trip to Italy. In emails, she told colleagues that she was out “on leave.”

Just FYI, if you’re a government contractor, falsifying a time sheet is a firing offense.

Anyway, it’s pretty clear that when Her Highness said that she used a private server “for convenience,” she meant that she would find it very inconvenient for her political career for people to learn the contents of her emails.

The Blue Model Melts Down

Get ready for the bankruptcy of Puerto Rico:

Ultimately, bankrupt blue cities and states and their pension funds will troop to Washington with their hands out, begging for bailouts. Already we’ve seen a leading New Jersey state Democrat call for a $1 trillion federal bailout fund for pensions. The political pressures around the issue will be intense. Some (mostly Republicans) won’t want to give a single dime to the improvident fools and crooks who created this mess. Others (mostly Democrats) will insist on no-fault bailouts, arguing that social justice demands nothing less than an infinite willingness to pour money down ratholes, so long as those ratholes are Democrat-run.

What the country needs is something in between: relief for reform. Cities, counties, and states (or, as in the case of Puerto Rico, commonwealths) who can’t manage their debts anymore can qualify for limited help—but only if they undergo serious, life-changing reform. That may well mean the end of public unions, drastic changes in governance, haircuts all around, tax reforms, and other substantive changes. Forward-looking people in Congress should be thinking now about the legislation that would be needed to set up a framework of some kind to handle these cases. The legal issues are complex; courts have been upholding, for example, the inviolability of employee pensions under state constitutional provisions. It’s hard to see how federal bailouts would let those pensions go unchallenged.

As I’ve written before, a California bailout by the federal government should come only with the condition that it revert to territory status, and not be allowed back in as a single state. Individual regions (like Draper’s South California, or Central California) that get their act together could petition for readmission.

Lois Lerner’s Hard Drive

The curious case of the physical damage to it:

TIGTA’s testimony states that the laptop as a whole appeared undamaged. When Lerner’s laptop was first inspected by both an assigned IT specialist and Hewlett Packard contractor they both stated that “they did not note any visible damage to the laptop computer itself.”

The testimony does not speculate how the hard drive was “scored” while the computer itself remained visibly undamaged. However, given these facts it seems logical to question what — or who — caused the damage to the hard drive.

Hey, “accidents” will happen.

The “Black Lives Matter” Movement

It should be protesting Planned Parenthood.

New Lerner Emails

Provide evidence that the IRS tried to cover up its war on conservative groups:

According to the new emails, Ms. Lerner and her colleagues were aware of the growing outcry among nonprofit groups that they were being delayed.

In one Nov. 3, 2011, exchange between Ms. Lerner and Cindy Thomas, a program manager in the Cincinnati office that was handling the cases and was involved in a back-and-forth with Washington, the IRS admitted to having hundreds of cases stacked up and awaiting action.

Afraid of congressional pressure, Ms. Thomas ordered one of the inquiry letters to be sent, just to prevent one of the organizations being held up from complaining.

“Just today, I instructed one of my managers to get an additional information letter out to one of these organizations — if nothing else to buy time so he didn’t contact his Congressional Office,” she wrote in the email released by Judicial Watch.

Ms. Thomas said she feared a judge would get involved soon and order the IRS to move the applications more quickly.

That email exchange did confirm that IRS employees in Washington were deeply involved in making decisions about the nonprofit groups’ cases.

You don’t say.

Live In NH, NV, NY Or MO?

Give your senators hell:

The first panel features four senators — Kirsten Gillibrand, D-N.Y.; Claire McCaskill, D-Mo.; Dean Heller, R-Nev.; and Kelly Ayotte, R-N.H. All four were original sponsors of the Campus Accountability and Safety Act introduced in 2014, and all four are sponsors on the updated version introduced earlier this year.

CASA will surely be the focus of their panel, which is a shame because the bill is devoid of due process protections for accused students. When the bill was first introduced in 2014, I sent six questions to each of the original sponsors. Of the four sitting on the panel this Wednesday, only Ayotte’s office responded — and the response ignored a question about due process. A series of follow-up questions were never answered.

Neither Heller nor McCaskill’s office ever responded to the original questions. A staffer from Gillibrand’s office called me back but was uninterested in answering questions; instead, the staffer merely gave me an overview of the bill. . . .

Those are the eight people who will be addressing campus sexual assault on Wednesday. It is highly unlikely that even one of them will suggest that the draconian measures being thrust upon universities are fundamentally unfair and biased. Not one person is there to suggest that maybe colleges shouldn’t be adjudicating felonies. Not one person is there to suggest that if colleges do continue to adjudicate felonies, then they need to provide students the same protections an actual court of law would provide.

If you wanted to destroy academia, you couldn’t do a better job of what these people are doing. I expect this kind of thing from the Democrats, but it’s sad to see that, apparently, neither party gives a damn about actual justice or due process.

Politicos Put Graft Before Progress

While this is a good general topic, nowhere is it more true than in human spaceflight:

Sometimes the new competition wins anyway. Uber has been good at generating a large base of mobile customers, then using them to pressure politicians: When New York City Mayor Bill de Blasio went after Uber, Uber used its app to let its users pressure de Blasio.

Happy Uber customer Kate Upton weighed in, producing more pushback than de Blasio could withstand — especially when it turned out he’d gotten over $550,000 in donations from taxicab interests.

Other services aren’t so lucky, and the ability to do an end run around regulators, though welcome, isn’t universal. And if, on top of setting up your lemonade stand, you need licenses, permits, lobbyists and subsidies to make it, not many new lemonade stands will get started. That’s good news for existing lemonade stands, and for the politicians they support, but it’s bad news for everyone else.

Including people who actually want to affordably accomplish things in space.

Hillary’s Email Plot Thickens

Yes, they never should have been sent on a private system. And despite her deepening troubles, she continues to obfuscate and lie:

“We all have a responsibility to get this right, I have released 55,000 pages of emails, I have said repeatedly that I will answer questions in front of the House committee,” Clinton said at her address in New York, where she outlined a tax plan and endorsed New York’s move toward a $15 minimum wage.

“We are all accountable to the American people to get their facts right, and I will do my part, but I will also stay focused on the issues,” added Clinton, who let her frustration with the stories show.

Even ignoring the fact that (for no good reason whatsoever) she didn’t turn over the emails, but printed pages (making them difficult to search), whenever someone (and particularly a Democrat, and even more particularly a Clinton or a Clinton defender) tells you how many “thousands” of documents they’ve “turned over,” it is to deflect from the number of the documents that haven’t been turned over, and that in many cases have been deliberately destroyed. They think we’re stupid, and sadly, in many cases, too many are. And right on cue:

Democrats rallied to Clinton’s defense, characterizing the referral from the federal watchdogs as routine.

This would be hilarious if it weren’t so criminally corrupt, and this unqualified liar wasn’t still in a position to become president. Matt Welch (no Republican he) calls it like it is:

In sum, the Democratic Party’s 2016 presidential frontrunner brazenly violated government transparency policy, made a mockery of the Freedom of Information Act, placed her sensitive communications above the law, and then just lied about it, again and again. Now comes word that, unsurprisingly, two inspectors general are recommending that the Department of Justice open a criminal inquiry into the matter. One of their findings was that the private server, contrary to Clinton’s repeated claims, contained “hundreds of potentially classified emails.”*

So how much do Democrats value basic transparency, accountability, and honesty in their presidential candidates? Not bloody much, if you go by the handy polls over at RealClearPolitics. The six national polls taken this January and February, before the email scandal first broke, averaged out to a whopping 43 percentage-point lead for Hillary Clinton. How about the next six, in March and April? Plus 50. The 11 polls in May and June, when Berniementum first started sweeping the country, came in at +48, and the most recent five in July stand at +41.

Do Democrats have any aversion left to Nixonian non-transparency, which had been so anathema to them during the presidency of George W. Bush? Here’s a possible bellwether: Key Nixon-administration turncoat John W. Dean, who wrote a 2004 book entitled Worse Than Watergate: The Secret Presidency of George W. Bush, reacted to the latest Clinton story by tweeting “Leaking This Makes It Pure Politics,” and “GOP Behind False Charges In NYT. It’s gonna be a long 16 months.

They don’t care about honesty, they don’t care about transparency, they don’t care about integrity. They care about nothing but continuing their power over our lives. At some point, we will rebel, and it won’t be pretty for them, or for the country.

[Update a few minutes later]

Parsing Clinton: What is she hiding?

Clinton has put herself in a box. She can either hand the server over to an independent third party, who would protect her private email and our government’s working email. Or she can stonewall.

The latter course gives every voter the right—and every self-respecting journalist the responsibility—to ask, “What were you hiding, Hillary?”

What are you hiding?

While it’s nice to see that Ron Fournier has finally turned, the Republic continues to have a paucity of “self-respecting journalists.”

[Update a few minutes later]

Andrea Mitchell: “The media underestimated the impact of the Clinton email scandal.” No, as is pointed out, hacks like Andrea Mitchell overestimated their ability to make it go away by pretending it didn’t exist. As with the IRS scandal.