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June 27, 2018

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boris

Maybe Scalia went from SCOTUS justice directly to archangel ...

Tom R

Bringing this over from the end of the last thread. From the Paul Sperry article. Can someone translate/fill in the blanks?

the FBI received a batch of hacked documents from U.S. intelligence agencies that had access to stolen emails stored on Russian networks. One of the intercepted documents revealed an alleged email from then-DNC Chairwoman Wasserman Schultz to an operative working for billionaire Democratic fundraiser George Soros.

The CIA/NSA gave a batch of hacked documents (hacked by who?) to the FBI. Are the "hacked documents" and the "stolen emails" one and the same? Did the CIA/NSA themselves hack into Russian networks to acquire the stolen emails? Lastly, since DNC Chairwoman DWS was mentioned, is it possible these hacked documents/stolen emails were stolen by the Awan brothers? If that is the case, since we know there is an ongoing DOJ investigation into the Awan brothers, is that not a plausible explanation for why the DOJ is not turning over the classified info to Congress?

Tom R

The only thing that will make the recent SCOTUS rulings even better is if Kennedy announces his retirement and Trump gets to make the court even more conservative.

Ralph L

If Kennedy keeps growing a spine, or leaves, RBG or Breyer may decide holding on until 2021 isn't worth the trouble.

Porchlight

The union decision isn't just money. Unions provide considerable labor for Dem GOTV and protest thuggery.

Porchlight

And they don't even bother to hide it, either:

http://calaborfed.org/its_all_about_gotv/

Porchlight

I wonder if the NeverTrumpers still think it would be better if Hillary had been elected.

Actually I don't really wonder.

Extraneus

Extending Iggy's earlier comment to NeverTrumpers:

The result is always awful because what they lack in rationality they make up for in zealotry.

Tom R

Ralph L,

Shouldn't that be 2025 instead of 2012?

Jane

Via Insty:

Donald Trump is not Hitler. But the media is doing Hitler’s work.
Do not forget that our media is the Fourth Estate of Government

https://medium.com/@s.g.cheah/donald-trump-is-not-hitler-but-the-media-is-doing-hitlers-work-4e3c101b61d

Tom R

Make that 2021

JimNorCal

The union GOTV effort can and likely will continue though hopefully not on taxpayer time.

The money transferred from taxpayer to gov't employee paycheck to union to Dem Party ... that "conveyor belt" will be disrupted. Disrupted in a big way if we are lucky.

Dave (in MA)

Another decision that comes out to be Constitution:5 SJW:4.

Jane

Dave,

Translate please.

Kevlar Kid

5 ringers to 4 "leaners"--aka "misses"

Old Lurker

Jane, speaking for Dave I think he means these last few decisions should have been 9 zip based on simple constitutional arguments. 5:4 is not a bad measure of how divided we are.

Old Lurker

Also Jane, I am still laughing that you took flak for speaking against Pelosi because of her foreign sounding last name.

We are all surrounded by nuts.

Extraneus

It's a good question, Tom. At first I thought that maybe the Feds had been leaning on CrowdStrike and obtained some DNS server emails that weren't in the WikiLeaks dump. Since CrowdStrike claimed the server was "hacked" by "Russians" the assumption that they were "stored on Russian networks" might fit, but not the "intelligence agencies" description.

Maybe the Awan angle makes sense, but what about the "stored on Russian networks" claim?

Narciso

Except the tools found in the dnc server were not particularly Russian or even fsb.

Tom R

Here are the results of the last several New York 14th District elections that Crowley has easily won.

https://ballotpedia.org/New_York%27s_14th_Congressional_District

Now that a Marxist has beaten Crowley in the primary, what are the chances of the GOP candidate Pappas winning?

https://www.thenationalherald.com/204443/prof-anthony-pappas-running-for-congress/

Narciso

He,seems to be a top man, he would probably agree more than disagree with ocasio. He,wants a progressive income tax but he wants to exempt nyers from it?

daddy

So which Trey Gowdy will emerge from the Strzok Hearings?

Any bets?

Extraneus

I don't believe CrowdStrike's story either, but maybe the "intelligence agencies" used CrowdStrike's "Russian hacking" claim to cite national security as a reason to impound the server.

henry

Instapundit.com @instapundit
3m

British Queen approves Brexit law that will end membership of EU reut.rs/2K6l0VE

Tom R

I wonder if Ocasio will be willing to formally debate Pappas before the general election? Her last job was a bartender. Pappas is an economics and finance professor at St Johns with degrees from MIT and Yale.

henry

Tom R, formally debate? as if an NYT moderator will let that happen. They made Obama seem intelligent, this girl is smarter than Obama (she's had an actual job).

Extraneus

Kagan's dissent seems fairly illogical.

Rarely if ever has the Court overruled a decision—let alone one of this import—with so little regard for the usual principles of stare decisis. There are no special justifications for reversing Abood. It has proved workable.

The key point about Abood is that it fit naturally with this Court’s consistent teaching about the permissibility of regulating public employees’ speech. The Court allows a government entity to regulate that expression in aid of managing its workforce to effectively provide public services. That is just what a government aims to do when it enforces a fair-share agreement. And so, the key point about today’s decision is that it creates an unjustified hole in the law, applicable to union fees alone.

There is no sugarcoating today’s opinion. The majority overthrows a decision entrenched in this Nation’s law— and in its economic life—for over 40 years. As a result, it prevents the American people, acting through their state and local officials, from making important choices about workplace governance. And it does so by weaponizing the First Amendment, in a way that unleashes judges, now and in the future, to intervene in economic and regulatory policy. … The First Amendment was meant for better things. It was meant not to undermine but to protect democratic governance—including over the role of public-sector unions.

Narciso


Meanwhile back on kangaroo island

https://www.google.com/amp/s/legalinsurrection.com/2018/06/virginia-federal-judge-

henry

Ext, it's cool. Roe v Wade upended no well established laws, so Kagan has that to point to.

Beasts of England

Hey, Porch!! I'm almost tempted to visit Patterico to learn how awful this ruling is for Trump... ;)

Bunky

A triumph for McConnell. I wish he liked winning more

Narciso

Naw he agrees with It, he just doesn't think trump was responsible,

Beasts of England

Is that the first time a Supreme Court justice has ever written 'weaponizing the First Amendment'? I mean, seriously, what could that even mean? More Liberty? Yikes!!

Narciso

The first amendment is designed to destroy all something and extill the glorious people's regime

Extraneus

I guess it makes sense if you think it's constitutional for the gov't to hire unions to regulate public employees' speech. Otherwise, what does this even mean?

The key point about Abood is that it fit naturally with this Court’s consistent teaching about the permissibility of regulating public employees’ speech. The Court allows a government entity to regulate that expression in aid of managing its workforce to effectively provide public services.

Or maybe they're saying that unions are "state and local officials"?

As a result, it prevents the American people, acting through their state and local officials, from making important choices about workplace governance.
Captain Hate

Naw he agrees with It, he just doesn't think trump was responsible,

Hard to square this circle. Gorsuch was DJT's source; everything else is quibbling like this might have happened or that might have happened. Who has time for such childish crap and that's all Patterico's stupid whining is.

Old Lurker

Federal Employee Unions?

First shut them up.

Then abolish them.

How's that?

Beasts of England

That sounds about right, narciso - but now I'm even more curious about his pretzel logic. lol

Trump, and only Trump, nominated Gorsuch to the court. Mitch gets a jaunty tip of the cap, but he couldn't have thwarted all of the disastrous nominees from a President Pantsuit.

Bunky

Translation: : shite we’re losing a lot of free cash

Extraneus

Gateway:

House Approves Resolution Giving Rosenstein 7 Days to Turn Over Requested Trump-Russia Docs or Face Impeachment, Contempt

Well, not exactly.

Sara Carter reported:

The House Judiciary Committee approved for the first time a resolution Tuesday demanding that Deputy Attorney General Rod Rosenstein turn over all requested documents regarding the FBI’s handling of the Russia investigation during the presidential election after seven days or face possible impeachment or contempt.

henry

Just go away.

Google sister-company Sidewalk has a secret 'yellow book' with its plans to reinvent cities, plus possible sites beyond Toronto

https://www.cnbc.com/2018/06/25/alphabet-sidewalk-yellow-book-secret-plans-sites.html?__source=twitter%7Cmain

Miss Marple the Deplorable

I am home! Tightwad shopping excursion - first to the Salvation Army store where senior citizens get 30% off on Wednesdays. Picked up 3 great landscaping books for 40 cents each, plus 2 yard-work shirts and an almost new pair of sneakers. Then we went to Menards which had hanging baskets on sale for $3.88.

To round things off, we got dollar menu items at McDonald's for lunch! LOL!

Bunky

McConnell kept a seat open for a year. That is something

Beasts of England

And I don't think Mitch was holding the seat for Trump, but holding it to have a marker against a newly-minted Clinton presidency. That's good politics. One of his finest gambles!!

Sbwaters

It’s not that Kagan’s dissent is illogical so much as it doesn’t argue law.

Miss Marple the Deplorable

Oh, look here:


David Martosko
‏Verified account @dmartosko
4h4 hours ago

Alexandria Ocasio-Cortez on CNN: "I would support impeachment. I think that, you know, we have the grounds to do it."
======================================

Cool! The lines are drawn.

Captain Hate

McConnell knew that giving in on Merrick Garland would be the end of his career. That was his hill to die for.

BlueOx

From Kagan:

Not any longer. Today, the Court succeeds in its 6-yearcampaign to reverse Abood. See Friedrichs v. California Teachers Assn., 578 U. S. ___ (2016) (per curiam); Harris
v. Quinn, 573 U. S. ___ (2014); Knox v. Service Employees, 567 U. S. 298 (2012). Its decision will have large-scale consequences. Public employee unions will lose a secure source of financial support.

Tough to argue with that legal reasoning.

Miss Marple the Deplorable

Here's Zsazsa, the winner of the World's Ugliest Dog contest:

I think she has a sweet face beyond those teeth.

Dave (in MA)

Jane, OL did a good job translating me while I was at lunch. Gorsuch pays off again.

If GUS is reading along, he might enjoy this:

Garth Kant
12 hrs ·
Dems go full commie

Garth is a writer for Ingraham.

Captain Hate

Kagan sounds like her softball team just lost a sponsor.

Bunky

Well he picked a good hill. The effer knows how to live another day

boatbuilder

"Public employee unions will lose a secure source of financial support"

Kagan got that right! If what the unions were doing was solely advancing the interests of their members, they wouldn't have to worry about "free riders;" their members would willingly support them. Instead they engage in pure political advocacy of ideas and programs that "members" are forced to support whether they agree or not.

TM is correct--a BFD.

Captain Hate

This hast to be the most amazing Wapo headline in history:
"The Supreme Court's Janus ruling is flawed. Canadian legal history shows why."
Posted by: Brian in New Orleans at June 27, 2018 01:13 PM (UBzPO)

henry

Can Trump put a tariff on Canadian legal history?

henry

from our Chitown Lurker:

Sue WaPo under Canadian libel law. That might be more fun...and financially rewarding...

Threadkiller

Ted Cruz should weigh in on Canadian legal history.

Miss Marple the Deplorable

https://www.c-span.org/video/?447665-1/president-trump-addresses-student-leaders

10-minute video

boatbuilder

"The Court allows a government entity to regulate that expression [by public employees] in aid of managing its workforce to effectively provide public services."

I.e., if we let you public employees say anything other than what your bosses say, the whole swampy system is in peril.

Allowing you to refrain from supporting what the bosses say is known as "weaponizing the First Amendment", because the operation of the swamp is more important than your piddly beliefs. Pay up. sucka!

Miss Marple the Deplorable

https://rwnofficial.com/just-in-trump-is-opening-up-obamas-secret-record-will-reveal-what-all-of-america-deserves-to-know/

Because this is a small web site, I am going to copy the Reuters news that is in the body of the article:

“The U.S. Justice Department has agreed to provide congressional investigators confidential records on a failed g*n-trafficking operation during the Obama administration known as “Fast and Furious” that long has been criticized by Republican lawmakers.

In a statement issued on Wednesday, Attorney General Jeff Sessions said the Justice Department would hand over documents to the Republican-led House of Representatives Committee on Oversight and Government Reform that had been withheld by Democratic former President Barack Obama’s administration.

The agreement reached by Republican President Donald Trump’s administration will effectively end a six-year-long legal battle in which the committee had gone to federal court to try to enforce a subpoena it had issued to obtain the records."

boatbuilder

Canadian legal history?

I thought Arlen Spector was dead.

Tom R

Ext @ 12:28

One other thing that doesn't make any sense with that Sperry article. The Horowitz IG investigation was on the FBI's handling of Hillary's private email server. The article talks about hacked documents and stolen emails. Is that referring to files that were on Hillary's private server or was it referring to the DNC email server "hack" (or leak if you think Seth Rich provided the emails to WikiLeaks).

If it is referring to the former, does that means files from Hillary's private server were found on Russian networks?

If it is referring to the latter, then that would seem to indicate Horowitz is also investigating the DNC email hack and possibly the Awan brothers case.

daddy on iPad

Kagan's dissent seems fairly illogical.

IIRC, during her confirmation hearing she replied that the Goverment had the legal power to force US Citizens to have to buy broccoli if the Govt decided to order Citizens to buy it, so that said her decision, tho' illogical, is not out of character

Davod

The government should design some of those community service announcements that plague TV.

NGOs are encouraging men, women, boys and girls to make dangerous journey of thousands of miles ruled by the Narcos and predators.

80% of women raped on the way to the USA, they are giving women the day after pill for the trip. children being used as a way to gain entry to the USA.

Jane

" I am still laughing that you took flak for speaking against Pelosi because of her foreign sounding last name."

OL, I didn't know it was "foreign sounding". I definitely need more training on how to be a racist, or bigot, or whatever it is.

Extraneus

More from the Kagan dissent (p.5):

So the Court struck a balance, which has governed this area ever since. On the one hand, employees could be required to pay fees to support the union in “collective bargaining, contract administration, and grievance adjustment.” Id., at 225–226. There, the Court held, the “important government interests” in having a stably funded bargaining partner justify “the impingement upon” public employees’ expression. Id., at 225. But on the other hand, employees could not be compelled to fund the union’s political and ideological activities. Outside the collective-bargaining sphere, the Court determined, an employee’s First Amendment rights defeated any conflicting government interest.

Does the Constitution say anything about making sure gov't's "bargaining partners" are stably funded? Wouldn't it be better for the gov't if they weren't?

Jane

Trump needs to say out loud that if Rosenstien doesn't turn over the texts he will fire him. And the reason is, he does not want the DOJ to be protecting him as he needs no protection.

Extraneus

Here's the full opinion, btw.

https://www.supremecourt.gov/opinions/17pdf/16-1466_2b3j.pdf

Kevlar Kid

For jim-nj:

the most heavily nuclear bombed nation on Earth isn't Japan. it's right here in the USA where 671 nuclear bombs have been detonate atop or underneath Western Shoshone lands.

Going back to an 1863 treaty, (the Treaty of Ruby Valley) ratified in 1866, and confirmed in 1869 by then president US Grant, the WS were never allowed to exercise title or ownership rights granted by the treaty.

The TORV re-established Western Shoshone tribal lands as a 43,000 sq miles of territory (about the size of Honduras) bounded by western Nevada, southern Idaho, eastern Utah and the Mojave Desert in southeastern California.

"The US government has offered $26 million (about $1.50 per acre) to "extinguish" Western Shoshone title to territory covered by the treaty.

"Rather than sell their nation for $26 million, the Shoshones should receive approximately $670 million in back rent for land used for several US military bases and installations in Western Shoshone territory. This rough estimate is based on the area of the military bases and the amount of money the US gives to Spain, Turkey and the Philippines in exchange for military bases in those countries."

Using trategies not covered or permitted by the treaty:" The US has usurped almost 90 percent of Shoshone lands and resources and placed them under the control of the Department of the Interior (Bureau of Land Management, Forest Service, Park Service, Fish and Wildlife, etc.), Department of Energy (Atomic Energy Commission), Department of Defense, Department of Transportation and many other agencies used as part of the occupation. But Western Shoshone people assert their nation cannot be taken, sold or bought by people of another nation regardless of how much Indian land is needed for "national defense" or for conservation, recreation and profit for non-Shoshones."

++++
The substitution of pro-Indian land use (reverting to the wildscape etc) without extensive adherence to FEDERAL LAWS (treaties) already on the book would create a different outcome-- maybe different from natural resource depletion and bombings--- but it would still require disregard from binding treaties.

That's the reason for listing "First Step" in a previous post. Any efforts to "change" or "right the wrongs of the past" or "mismanagement" without regard to Treaty law would be the latest fruit of a poisonous tree.

All for now jim!

Kev

Tom R

Trump needs to say out loud that if Rosenstien doesn't turn over the texts he will fire him. And the reason is, he does not want the DOJ to be protecting him as he needs no protection.

What if Trump already knows the reason Rosenstein is not complying with Congress' demands is because the requested info is going to be used as evidence in criminal proceedings?

henry

CNBC Now @CNBCnow

BREAKING: Supreme Court Associate Justice Anthony Kennedy to retire.

cnbc.com

Davod

Kennedy is giving up the wait for a moderate Republican president to come along.

Extraneus

If it is referring to the latter, then that would seem to indicate Horowitz is also investigating the DNC email hack and possibly the Awan brothers case.

Don't know if I'd go that far. The email did relate to the Hillary caper. He may have been able to collect evidence from the NSA, all of which would be classified.

Here's the Sperry piece again, btw. No question it's pretty interesting if his info is legit.

Bunky

Renominate Bork! Yes I know he’s dead

Extraneus

Anthony Kennedy to retire.

Yay. Love conquers all!

Ralph L

Even the employees who agree with the union aren't likely to give them the extra money if given the choice. Wasn't that part of an earlier opinion?

Stephanie, Nene, Not your Normal Grandma

KENNEDY RETIRING!!!!!

Jane

Kennedy announces his retirement. Come on Ginsberg!

Extraneus


JOY BEHAR SLAMS MCCONNELL FOR ‘LEAVING’ HIS WIFE TO HANDLE PROTESTERS: ‘MAN UP, MITCH!’

Didn't we read yesterday that McConnell had polio when he was 2 years old and has been handicapped ever since? That was the explanation for why he was so slow to come down the stairs while the thugs were raging.

Jane

So what Tom? And if that were happening Roenstien would have told congress.

Threadkiller

If I were a 4D political hay maker, I would have Kennedy retire after several rulings that activate and motivate the nutball left into retribution mode.

Now we have another election that is about the Supreme Court. The Pinkos will maximize this angle.

boatbuilder

Ralph--I don't know about the earlier opinion, but in every other walk of life, people (even those who don't make a lot of money) will voluntarily contribute to support organizations (including unions, guilds, etc.) which advance their interests and beliefs, and will withhold their contributions from those which don't. Only by pure sophistry can some exception be carved out for public sector unions.

henry

heh:

STEALTH JEFF @drawandstrike
58s
Replying to @drawandstrike

Wisconsin was the big litmus test in 2012. Could the Dem strategy of flooding a state with union activist $ and protesters still thwart attempts to end union coercion? When the national union orgs with deep pockets ganged up on one lonely state, could that one state hold out?

GUS

Kagan wouldn't know broccoli unless it was covered in chocolate and surrounded by CAKE, and dipped in PUDDING.

Captain Hate

Yes, McConnell survived polio.

Davod

Jane:

"So what Tom? And if that were happening Roenstien would have told congress."

The argument that the material is required for further investigations is such a good one. That they don't use it is another reason I think they are baiting the Administration and the Congress.

They want Trump to fire them.

Jane

Anyone know if the Strozk depo is still going on?

Davod

PS. Wray is a disapointment.

Captain Hate

Behar is just embarrassed that a kickass Asian woman was able to do something other than being a screeching fat oaf.

Kevlar Kid

"There, the Court held, the “important government interests” in having a stably funded bargaining partner justify “the impingement upon” public employees’ expression."

Funny how compulsory dues is characterized as stable funding.

Kind of like saying the guy who fishes with dynamite ensures a consistent catch.

Thank-you, Justice Goiter.

Sbwaters

NotRealDonaldTrump

In the Interests of collegiality, I will be nominating Merrick Garland to fill the Supreme Court seat being vacated by Justice Kennedy.

Kevlar Kid
    " Kagan wouldn't know broccoli unless it was covered in chocolate and surrounded by CAKE, and dipped in PUDDING.
"

Hello.

Tom R

Now we have another election that is about the Supreme Court. The Pinkos will maximize this angle.

The 2016 Election was about the Supreme Court too and that worked out pretty good for conservatives.

GUS

Joy BRAYWHORE, she likes pudding too.

Kevlar Kid

Justice Jinzburg will rot in her saddle. Giddy up.

Threadkiller

The 2016 Election was about the Supreme Court too and that worked out pretty good for conservatives.

Things I know.

Tom R

Davod,

Will you explain to me how Rosenstein personally benefits by baiting Trump into firing him?

Porchlight

I saw the Kennedy retirement rumored on Twitter this morning.

Co-worker dropped in to mourn just as the notification popped up on my screen a few minutes ago.

I mentioned to her Ralph L's observation that there wasn't much point in Ginsburg and Breyer sticking around now. They can't last through Trump's second term.

She went off to drink some bourbon, I think.

Kevlar Kid

BREAKING NEWS

In an unprecedented demonstration of good will, President Donald Trump sent Justices Kagan, Jinzburg, and Sotomenor a pound cake and a case of "Deez Nuts."

Kevlar Kid

Would've given anything to see tape of TRANSEC Elaine Chao pull out a Glock and fire twice into the air saying firmly: "I said back off."

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