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August 29, 2017


Clarice Feldman

I hope this is reversed on appeal. It stinks IMO.


Judge Rakoff is taking payments from Putin. /moron

Buford Gooch

You can't sue the left wing.

Frau Rechtsverdreherin

Dismissed with prejudice:
"The dismissal of a lawsuit based on merits of the case where the plaintiff is prevented from filing a future lawsuit on the same grounds."


Clarice Feldman

No, frau. It means she can appeal the decision.

Clarice Feldman

J Rakoff certainly tap dances around "reckless disregard".

Frau Rechtsverdreherin

Mr. Frau echoes you, henry.


Nine years to the day, that journalism went norweguan blue.

Frau Rechtsverdreherin

...except for the Putin part,henry.

Clarice, I understand. Thanks.


Apparently this is not "reckless disregard":


Or, to put it another way, willful disregard is apparently not reckless disregard. It actually seems worse, but what do I know, IANAL.


They publish loony Louise monkey scat, this is why I authorize the use of atomics on buzzfeed.

Frau Rechtsverdreherin

Patterico is calling, "Burn, Bennie, Burn"


That little anecdote was the early occupy attack when she was out of town.

Clarice Feldman

No, it means she cannot re-institute the suit. But he rendered a final decision so she can immediately appeal.


Early on, Rakoff says that the case if fatally flawed because it does not name a living breathing human being as defendant. The rest of his analysis is "even if she could, she would not have stated a claim."


Remember when these honest judges were doing a bang up job with the eligibility lawsuits?

Those were the days.


The decision is easy to understand once you account for the fact that Judge Rakoff took a million dollar bribe from NYT to throw the case.


TK - touche. Same pattern, by the way, with the cases against Cruz. One court addressed the substance of Rogers v. Bellei, 401 U.S. 815 (1971), holding that a person can simultaneously be naturalized and a natural born citizen. Cruz is as much a natural born citizen of Cuba, as of the US, and on the same (bogus) logic.



Hayward quotes one of his former mentors, a William B. Allen, who said this in a recent podcast:

Just before I left the Commission on Civil Rights I appeared before the Wednesday morning caucus of Republicans in the House of Representatives, and gave them a similar account, and explained what was necessary. I said it is time to stand up and tell the country what is going on, how it is being divided, and what the danger is. And not one of the entire delegation in 1992 was ready to do that. In fact, most explicitly said to me, “We can’t do that because we’ll be called racists.” What I am saying to you is that it is cowardice—the cowardice of conservatives—who put their political careers ahead of their country’s future.

Never before has it been so [redacted] obvious, either.


He was speaking real slow so Jeff Goldberg would understand, he failed



CW - "with prejudice" is a legal term of art that has nothing to do with prejudice (just like "actual malice" has nothing to do with malice). All it means is that the trial court is closing the case with finality. The loser has the right to appeal a final decision.

Rakoff's mind was made up before the hearing. It's just as well that she moves on to appeal - if she wants to, that is.


One of golbergs (Jeff not jonah) penpals no doubt.



holding that a person can simultaneously be naturalized and a natural born citizen.

Do you remember which lawsuit this was? Sounds like another jiggery-pokery bit of dicta hiding in a lack of standing opinion.

That was the normal M.O.


Pretty good assessment:

"North Korea fired a missile over Japan, Houston is underwater, free speech is under attack - and the media is talking about Melania's shoes." S. Molyneux


With this Rakoff decision, lawyers and judges keep telegraphing to the nation just how off they are; lawyers will likely deny my next point, but -- when you really think about it -- they're unfortunately very similar to journalism in that they both are representative of trades desperate to maintain their claims to status as a "profession" deserving of the claim.

Journalists have very cleary thrown away their always dubious claim.

Lawyers have a much better claim, admittedly, but damn if they aren't working very hard to throw away their status, too. These out-of-control judges are doing great damage to the legal profession.

Back to Lawyer McCarthy:

inexplicable -- adjective

. . . . . meaning: unable to be explained or accounted for.

plenary -- adjective

. . . . . meaning: unqualified; absolute.

What are the odds Andrew McCarthy is unaware or somehow confused regarding these two definitions? By definition, a President exercising his constitutional plenary power cannot be said to have taken an inexplicable action.

McCarthy and Rakoff, both embarrassed themselves today.


Agree w above.



A highlight on the near-criminal foolishness of heavily subsidized federal flood insurance. Hinderaker adds:

Congress enacted a semblance of reform in 2012, providing for premiums that more closely reflect the risk of flooding of flood plains. But political pressure led Congress to retreat in 2014.

That 2012 date perfectly coincides with FEMA remapping our home property from a 500 year flood plain to a 100 year flood plain...and jacking up our premiums from ~$150/month to ~$500/month. Which led to us dropping the insurance which led to the heaviest snowfall in 150 years last winter which led to us reinstating our flood coverage this spring...


Sounds like an extra round of vizzini.


Good afternoon! When I saw Melania wearing heels boarding Air Force One,I thought well,obviously she's going change shoes. Do the idiot reporters have any common sense? Never mind.


cheering crowds

Old Lurker

Broken record, I know, (I do it to amuse Porch) but did our side win the election so that we run the DoJ and FBI? I am so confused:


Key line is where the lawyer says 'this is what I would expect if Hillary had won the election..."

Ignatz Ratzkiwatzki

Sullivan strikes again.
Press credential = license to defame.


SPLC Admits Fault, Removes Innocent Town From ‘Hate Map’ That Inspired Terror Attack

The town had previously contested the claim, but the SPLC had stood by its marking the Amanas on the "hate map." Why? The organization claimed "it had confirmation that a group of [Daily Stormer neo-Nazi] individuals met sometime in September 2016 at a restaurant in the Amanas."

How long before some of these SPLC scumbags are assassinated? Maybe that's why they never name the people behind the fronts, Janet.


TK - I'm going to have to dig. I thought it was the PA case (Elliott) decided by Pellegrini, but that is not the one that actually applied Rogers v. Bellei. Pellegrini avoided referring to that case.

My March 11, 2016 summary of the Pellegrini decision.

I'll keep digging, but given the volume of pointless argument I made on the subject, there's a good chance I won't find the case.


Doubtless already posted? DubDav fave scholar sacked.



Who’s Afraid of Antifa?

During his speech in Phoenix on Tuesday night, Donald Trump spat out the nickname “antifa,” short for “anti-fascist” but also a reference to a particular strand of aggressive left-wing activism. In Mr. Trump’s telling, the presence of antifa activists during the violence in Charlottesville, Va., this month was evidence that the far left is just as violent as the far right: “You know, they show up in the helmets and the black masks, and they’ve got clubs and they’ve got everything.”

Surrogates have aped Mr. Trump’s “blame both sides” rhetoric; overnight, antifa — and its assumed synonym, “alt-left” — have become right-wing shibboleths, right there with “social justice warrior” and “liberal snowflake.” In truth, there is no symmetry between either “alt-right” and either “antifa” or “alt-left.” Antifa is the backlash to the backlash, a defensive response to the growing presence of right-wing extremism.

But that doesn’t mean we shouldn’t worry. Because antifa groups are willing to use force when needed, provoking them can trigger a self-fulfilling prophecy.


RG - Judges have rendered the judicial branch unworthy of respect on moral grounds. They get respect the same way the Mafia does.

The highest court makes law using hallucination. Other courts unabashedly find "unconstitutional, because Trump" and that logic is not denounced. Courts routinely lie as much as criminal defendants when they (the courts) cite precedent. Some judges complain that courts aren't given respect, but they don;t do anything about it.

Beasts of England

Thanks for the FLOTUS pic, Miss Marple!! :)



From “Trump Damaged Democracy, Silicon Valley Will Finish It Off” by Joel Kotkin, DailyBeast.com, Aug. 27:

For all its talk about “disruption,” Silicon Valley is increasingly about three things: money, hierarchy, and conformity. Tech entrepreneurs long have enjoyed financial success, but their dominance in the ranks of the ultra-rich has never been so profound. They now account for three of world’s five richest people— Bill Gates, Jeff Bezos, and Mark Zuckerberg —and dominate the list of billionaires under 40.

Unlike their often ruthless and unpleasant 20th century moguls, the Silicon Valley elite has done relatively little for the country’s lagging productivity or to create broad-based opportunity. The information sector has overall been a poor source of new jobs—roughly 70,000 since 2010—with the gains concentrated in just a few places. This as the number of generally more middle-class jobs tied to producing equipment has fallen by half since 1990 and most new employment opportunities have been in low-wage sectors like hospitality, medical care, and food preparation.

The rich, that is, have gotten richer, in part by taking pains to minimize their tax exposure. Now they are talking grandly about having the government provide all the now “excess” humans with a guaranteed minimum income. The titans who have shared or spread so little of their own wealth are increasingly united in the idea that the government—i.e., middle-class taxpayers—should spread more around.

Put another way, the push for Universal Basic Income by these oligarchs is also a not-so-well-disguised form of an indemnity policy: pay off the rubes so that they might--MIGHT--not notice nor resent the galactic personal wealth of the technocrats and start getting big ideas about how best to appropriate and redistribute that wealth.

Captain Hate

Judge R Jakoff certainly knows how to undermine faith in the judicial system.

Clarice Feldman


Captain Hate

The ewok must hate being lied to by the GOP as much as I do:



Sorry, but I have to edit for clarity this part of my last comment:

pay off the rubes with OPM so that they might--MIGHT--not notice nor resent the galactic personal wealth of the technocrats and start getting big ideas about how best to appropriate and redistribute that wealth.

(No counting how many JOM guidebook rules I've broken with this outrageous self-reference.

"Gee, lyle, editing your own comment? Really? Lame, brah...") ;)


CH - I'm not in favor of an arbitrary deadline. But, see the proposals for judicial review of shutting down the investigation, that is, precluding Trump from firing Mueller without judicial review. I propose judicial review of HIRING Mueller. Make Rosenstein prove the appointment comports with the regulation - what is the alleged crime?

Everything Congress has done in this case has a ring of presuming Trump guilty. The entire process favors the dishonest prosecutor and hack investigator (which is normal legal process, FWIW), with no protection for the target.

Oh, one thing I do agree with in the proposed Mueller-limiting amendment. Investigation of crimes that predate the campaign are off limits. I think the grant to Mueller provides that, but Mueller, being a dishonest hack, is deliberately misreading the grant.

Captain Hate

cboldt, I think I agree with everything you said.

Clarice Feldman

VDH's latest:http://www.nationalreview.com/article/450903/trump-haters-left-right-versus-trump-supporters-civil-war-field-guide


I almost linked that, Clarice. It's a bit of a rehash of his AmGreatness article from yesterday but it's still worth reading for his brutally honest critique of the Rs in their pathetic post-election cowardice.

Captain Hate

I hope you're sitting down for this:


James D.

And this decision is EXACTLY why I don't think an Article V Convention would do the slightest good.

The same judges who made this decision would be the ones interpreting any new amendments.

If we have judges who can simply ignore or twist plain language until it means the opposite of what the dictionary says it means (or what any reasonable person would take it to mean), it won't matter WHAT comes out of a convention, because it'll be distorted beyond all reason before the ink is even dry.

Clarice Feldman

what are the odds Duda would have been critical if (a) Trump had not gone to Texas today?(b) if he went yesterday?© if he went tomorrow?(d) if he never went?

Place your bets.


I say load up the TX relief bill with defunding planned parenthood, repeal of obamacare, and a slew of other liberal sacred cows.

Duda, the heartless prick, would be opposed to relief for Texas.

Jim Eagle

I just saw the most unbelievable soccer goal I have ever seen. This is going to bee number one on ESPN for a decade at least.

It was in Sweden v. France for World Cup 2018 qualifier and in Sweden.

Tied 1-1 going into injury (extra) time. 3 mutes on the clock added. Sweden goes down field with the ball and France steals the ball passes it back to the goale (Hugo Lloris of Tottenham) who sends it down to the mid line but it is intercepted by a Swedish player who sends it 50+ downfield into the now undefended French goal.

If you can find it on YouTube you'll understand. Goal of the century for Sweden. One to forget for France. LOL>


What are the odds that doodoo would get retweeted by Bathtub Boy?


JIB's goal:



Sweet JiB, I'll look for it.

Captain Hate

Speaking of Bathtub Boy, someone elsewhere, surely the Horde, suggested that people with Twitter accounts should retweet his more unhinged rants to GQ and ask them if they're fine with being associated with lunatics.


Thanks TK!




Calm down, JiB, that thing is 2 months old I do believe.

Crazy mistake by the goalie.


Thanks for the Free Republic link, cboldt.


Clarice!!! Wee Douchebag IS as Wee Douchebag does.

Frau Rechtsverdreherin

Janet - here's one name to remember:
*J. Richard Cohen*
Head Hater for the SPLC.

"No, we can't disguise it, we're glad Bannon's gone.

We'd like to think that President Trump fired Bannon because he's come to his senses after Charlottesville and is turning away from the white nationalists Bannon represents.

But, frankly, we're going to need to see a lot more to believe that Trump has had a real change of heart.

Trump needs to fire the remaining white nationalist sympathizers in his administration, starting with his deputy assistant, Sebastian Gorka, who downplayed the threat of white supremacists just 10 days before Charlottesville.

More importantly, Trump needs to take concrete action to undo the harm his incendiary rhetoric and divisive policies have caused our country.

He needs to tell federal agencies to take the threat of white supremacist terror seriously. He needs to disband his voter fraud commission. He needs to tell Attorney General Sessions to defend, rather than tear down, civil rights "

It's clear to Mr. Chief Hatemonger that almost all of the haters he makes BIG money off are located in the South.
Get it? Southern and Poverty? Get it?

Frau Rechtsverdreherin

CH - the photos of K. Griffin au naturel are so frightening they need to be used against ISIS. If they see the photos, they will no longer hate us for our women.

Jim Eagle


Who cares it was in June. I watch when I have time. Geez. Now we have time critics. Give it a break.

So, Meeechigan is big favorites. Knowing UF and its 3 QB's probably good odds.

Miss Marple the Deplorable


Speaking as a Trump supporter, I will boil it down for Mr. Hanson.

We will never abandon him because he didn't abandon us.

I like Victor Davis Hanson, but I get irritated when I spot stuff which I know he inserted to make Lowry and Williams happy. Quite a few of those in that article.

I preferred the American Greatness article.


You would think that, after the 2nd or 3rd flood, where possible, people would rebuild UP, above the flood level .... leaving the bottom space for parking, storage, or something else that won't get completely destroyed in the next flood. Just a thought.


He needs to disband his voter fraud commission.

They're scared.


fdcol. you would think that the insurance hit would remind them to do that. Wait, government is the insurance company? Never mind.

Miss Marple the Deplorable


Got to agree. Places along the coast in the Carolinas are built that way.

Houston doesn't have floods of this scale, and I imagine that most of the houses are not built in flood plains. But this was a 500-year, if nott a 1000-year flood.

After I got hit with a flood due to torrential rainfall several years ago, when we looked for a house for my daughter to buy, I did not want a basement. I prefer this one, which is high over a crawl space (about 3 feet to ground level) and is in a higher part of the city.


... and is in a higher part of the city.

I've never worried about this sort of thing. If our house floods, so has the entire California Central Valley. If that comes to pass, it is the end times.

All of my other houses have been situated similarly, though they have been in different parts of the country.


MM, yep .... I live in Florida, and most coastal properties now must be built on stilts or pilings.

I know it's either impossible or impractical in many cases, but even in a downtown location like Houston or New Orleans or along the Mississippi, just seems like we could avoid a lot of costly future rebuilding by leaving the first floors pretty open and not worrying about having to replace drywall, flooring, furniture, etc.


Well this is sad news to come back to. I wish Palin brought the claim in Alaska, although I'm sure a liberal judge would havre thrown it out for jurisdiction, because of course you can't possibly read the NYT in Alaska.

Sky news is criticizing Melanie's shoes and Trump not speaking with victims who clearly had nothing better to do. (How is the storm btw?)

Spent the day on a fabulous Literary Bloomsberry Tour which Daddy would love, and the evening at an incredible production of 42nd St. tomorrow we are meeting Caro at the Churchill War Room, with Jesus Christ Superstar at night. Staying a block from Trafalger Square.

It's good to get away.



Trust me, VDH does nothing for Lowry or Goldberg.

Jim Eagle


You mean Bloomsbury, right?

Mrs. JiB and I had our wedding reception there at Montague on The Gardens. Glad you are enjoying London.


No offense or irritation intended, JiB.

* * *

About this 500-year thing; that kind of language *is* an irritant to me. It seems to be in vogue these days and I'm doubtful it is grounded in anything real. Are the probability scales used to determine this 500-year thing illuminating or just confusing guess work?

I have my doubts.

Jim Eagle


We are on the beach in Florida but have a 10 foot dune which protected us last year. Destroyed the walkovers but the homes were saved.


As for the game Saturday, I think we have our QB determined and I expect success whether one plays or all three play.


JiB, glad you guys were okay.

RG, I'm sure hoping my #3 Noles upset Bama. LOL

Miss Marple the Deplorable


The 500-year flood thing is an actual term used by hydro-geologists and geologists. It means a flood with such severity that it comes only every 500 years.

I don't think it has pure statistical backing, but the probability is pretty spot on. After all, Houston hasn't seen a flood of this magnitude since there were the first settlers there.


This seems interesting, maybe not so new:

Will the DNC files released by Guccifer 2.0 be analyzed to determine if they were, as VIPS has concluded, altered to give the false impression that the Russians had hacked the server? If so, will Mueller pursue those responsible for the adulteration? If, as appears likely, the server was not hacked, will Mueller investigate why Hillary Clinton and the DNC claimed it was? Will he investigate whether the DNC files were stolen by someone who had direct physical access to the DNC server? Will he try to determine who at the DNC had a motive to leak the files? Could it be someone who wanted to make public Clinton and the DNC’s underhanded treatment of Sanders?
mike in houston

Hey guys we are actually seeing the sun here in west Harris Co.

MM the 1935 flood was pretty close


What strikes me, Jimmy, about this is apparently they didn't examine the server logs to see where the intrusion came from, which raises further qyestions


MM, these days I'm even skeptical of *that* 500-year claim (meaning -- how solid are the computational assumptions?).

* * *

Frank, I'm looking forward to that *other* game on Saturday, too. The Bama D-line vs the FSU O-line will be my focus (I suspect that is your weakness, and we know the D-line will be a strengh for the Tide).

Your QB (Francois) is incredibly tough but . . . can he last two years in a row, getting peppered by those big azz D-linemen?

I'm not sure about that but Jalen Hurd vs Deondre Francois should be an exciting competition in its own right.


In terms of impact, the 1900 galvrston and this one are referenced, although they were more wind related:


Francois is the Man! But I agree .... he's gonna take a pounding.

Kinda hope your G-ville Boys whoop up on Michigan. My boss is a UM alum.

mike in houston

This is what the US is all about



From the Palin v. Times decision: Shortly following Loughner's attack, speculation arose about a connection between the crime and plaintiff Palin.

Clarice, the judge”s dancing started here. Who was it who “speculated”? Is previous irresponsibility a get-out-of-jail card for reckless disregard today and tomorrow? Apparently.

Judge, parse for us the difference between “speculation” and “unfounded accusation”.

That postmodern verbal legerdemain is then used as a foundation to look for “actual malice” which the judge in the sub-head conveniently separated from “reckless disregard” to leave that phrase mostly unchallenged in a verbal backwater.

Journalistic opinion is cheapened -- no, rendered worthless -- by the judge leaving the reader unable to trust anything.

Heckuva job, judge.


The 1935 Houston flood was rather severe:


But they didn't have near the people and infrastructure..

Clarice Feldman

First Terry McAuliffe, now Pelosi condemn the violence "on both sides"--Nazi lovers all /sarc :https://pjmedia.com/instapundit/ive-looked-at-thugs-from-both-sides-now/

Thank you, Mr. President for exposing this B.S>!


A NYT "journalist" makes up a lie and writes "some officials claim" or something like that, and voila .... you have speculation.


"Both Sides Now" is a Joni Mitchell song, covered by Judy Collins.


Interesting, Clarice. I don't see how they'll be able to sweep antifa under the rug without clubbing them into submission, though. Sure, they can control the big groups like BLM and ANSWER, but not the low-life thugs that gravitated to Occupy and now antifa.


Hardy, the bureau apparatchik, also tried to close down the investigation into the prestancia network that popped up in the 28 pages.


MM the 1935 flood was pretty close

Posted by: mike in houston | August 29, 2017 at 07:26 PM

* * *

The 1935 Houston flood was rather severe:

But they didn't have near the people and infrastructure..

Posted by: BeenThereDoneThat | August 29, 2017 at 07:41 PM

* * *

Bingo . . . now there are about *10* times the 1935 population in the county then. Think what that has done to the effect of flooding. We freak out over weather so easily these days and always forget about how we've urbanized *and* how many more weather stations there are recording data. In a heavy rain event, a location five miles away could get significantly more rain and years ago it wouldn't have been recorded at all.

The climate change scam has exposed how *all* of the incentives these days work to amplify any possible extremes. 1935 may not have been as bad but 1817 (or some other 19th century year) may have been as bad or worse. Who knows?


Why can't we treat these democrat controlled towns and cities that allow masked thugs to riot, like sanctuary cities. Hit them in the purse somehow.

Clarice Feldman

You nailed it, SBW as did Cboldt.

Clarice Feldman

Trump strung that albatross Antifa around the Dems' neck for good as they Pavlovia like shrieked "Nazi lover" when he said there were good people on both sides of the issue and bad people on both sides.

Clarice Feldman



When you worked for the osi did you have to do any foia requests, if so were they are as inscrutable are they now?

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