Category: Goobermint

New Yorkers get what they voted for.

New York Democrats Propose ‘Netflix Tax’ to Bail Out Failing Subway System

Democrats in New York are reportedly weighing a new four percent tax on streaming entertainment subscriptions like Netflix and Hulu to help bail out New York City’s failing subway system, which is facing a $2.5 billion budget deficit by 2025.

Lawmakers are desperately seeking to avoid yet another fare hike that would push the cost of a subway ride to $3 from the current $2.75. The proposed streaming tax would raise more than $100 million a year, according to a Wall Street Journal report.

New York Governor Kathy Hochul (D) had originally intended to prevent a fare increase through a hike in payroll taxes, which would reportedly generate $700 million in revenue. But her plan appears dead in the water, forcing Democrats to scramble to find an alternative.

The proposal would not be the first so-called “Netflix tax” passed in the United States. As of 2017, according to USA Today, several cities and states receive revenue from additional fees on streaming video subscriptions:

Chicago, Pennsylvania and Florida have already passed a so-called Netflix tax, and cities such as Pasadena, Calif. have broached the issue.

These taxes can translate to additional fees of less than $1 each month to consumers. But over the months — and tacked onto multiple streaming subscriptions — they might add up to $50 or more each year.

New York City’s subway system has fallen into disrepair and chaos under the city and state’s Democrat leadership.

Ridership has failed to rebound following the coronavirus pandemic while crime is soaring. The city’s subway crime rate skyrocketed 30 percent in 2022 from the previous year, outstripping the 22 percent increase in major crimes across the city during the same period, according to NYPD data.

 

Beware of liberals bearing bugs

Lately, Glenn Reynolds has been sounding the theme that liberals are trying to make the lives of ordinary Americans worse. As here, for example:

MAKING ORDINARY PEOPLE’S LIVES WORSE IS THE GOAL, THE ENVIRONMENT IS JUST THE EXCUSE.

I wavered on this. Does it go too far?

No. No, it doesn’t. These are horrible people–sadists, basically–who want to make your life worse. Not their lives, your life. I imagine this scene:

Hey, I’ve got a good one–let’s make them eat bugs!

Bugs? How in Hell are we going to do that?

To save the environment, of course! How else?

Yes, yes, that’s genius! Bugs!

Ha Ha Ha Ha Ha Ha ROFL

When I tell people that liberals are working on substituting insects for meat, they often think I am imagining things. But it is true. The beachhead is “flour.” You can dry insects, turn them into powder, and put the powder into foods. This is actually starting to become common. Thus, from Italy, “Italy bans insect flour from its pasta despite the eco buzz.”

The growing use in cooking of flour made from crickets, locusts and insect larvae has met fierce opposition in Italy, where the government is to ban its use in pizza and pasta and segregate it on supermarket shelves.
***
Packed with vitamins, proteins and minerals, flour made from crickets is increasingly seen as an ecological way to obtain nutrients, and the market is forecast to reach $3.5 billion by 2029. The EU has already authorised foods made from crickets, locusts and the darkling beetle larva. In January mealworm larvae was added to the list.

Happily, the Italians are standing up for civilization. I think Giorgia Meloni can be counted on here.

All four insects are cited in the Italian decrees, which will require any products containing them to be labelled with large lettering and displayed separately from other foods.

“Whoever wants to eat these products can, but those who don’t, and I imagine that will be most Italians, will be able to choose,” [Francesco Lollobrigida, the agriculture minister] said.

Choice being antithetical to liberals, this won’t satisfy them. The battle is only now beginning.

Today it’s flour, tomorrow you will be expected to boil grubs and toss locusts on the grill. Why? To combat global warming, of course! For the same reason you won’t be permitted (at anything like a cost you can afford) to fly in an airplane, enjoy reliable electricity, heat your house in the winter, drive a normal motor vehicle, cook on a gas stove, and so on.

It is true: liberals are trying to make your life worse, in every way they can get away with.

The post-Bruen “Sugar High” is a serious threat to our Second Amendment

The NYSRPA v. Bruen verdict passed by the Supreme Court last June was a watershed moment in American history. What began as a fight against the arbitrary power of government apparatchiks to grant concealed carry permits, often with a dollop of corruption, ended with a judicial standard that limits the power of government to infringe upon our right to keep and arms. The new guidance from the Supreme Court places the burden of proof on the government to show that a law that implicates the Second Amendment rights of citizens is in line with the nation’s history and tradition of firearms regulation.

The implications have been massive. From coast to coast, laws that were previously rubber-stamped by a jaundiced judiciary are being struck down.

  • Laws that created a malleable category of “assault weapons” and banned them? Gone!
  • Laws that mandated non-existent James Bond technology? Gone!
  • Magazine capacity restrictions? Poof!
  • Laws that banned out-of-state ammunition purchases? In the process of getting shot down.
  • Laws that restrict young adults from owning guns? On their way out.
  • Ammo background purchase requirements? About to get overturned…

California has seen a lot of the above action but New York, my state of residence, has also seen its fair share of lawsuits after the Empire State struck back.

There is a lot to celebrate. Gun owners in anti-Second Amendment states are giddy at being able to own pistol grips instead of obscene workarounds, threaded barrels, detachable magazines, and folding/adjustable stocks. They’re no longer limited to Gen3 Glocks, and are no longer discouraged to apply for a carry permit because they aren’t rich, politically connected, or refuse to participate in Third World bribery.

Yet, amid all this, I see reason for alarm. Granted, things were far worse and on a bad trajectory but seem to have turned around. Those gains, in my opinion, are tenuous and can be rolled back within our lifetimes. The scoreboard as it stands now is the result of a razor-thin Electoral College victory in 2016. Regardless of one’s sentiments and policy positions on abortion, the overturning of Roe v. Wade should serve as a warning.

In an ideal world, lawmakers would refrain from passing laws that violate the Constitution, the Executive Branch would stop usurping the authority of lawmakers, and the judiciary would make use of its lifetime tenure to judge cases on their merits and not be cowed down by public opinion or political pressure. But the world we live in is far from that. The weakened separation of powers will be dangerous in the long run, not just for the Second Amendment, but for the overall health of the Republic.

Secondly, the enemies of our freedoms are organized, well-funded, and waging an all-out war. They’re working secretly with the CDC, pushing propaganda in Hollywood, applying pressure campaigns on private industry, conspiring with academia, and using public money to push their agenda. I hesitate to say this, but they’re behaving like modern-day Benedict Arnolds, colluding with foreign nations to subvert the American Bill of Rights because of their deep-seated hatred and basic denial of our right to keep and bear arms.

I’ve heard people say that “we’ve got ’em on the ropes” but I’m doubtful. What I see is a danger arising from a post-Bruen “Sugar High” and complacency on the part of gun owners.

Will you stop your activism now that you can buy pistol grips and folding stocks? Will you stop calling your elected representatives now that you have your carry permit? Will you show up to vote or relax at home? Will your rifles gather dust in your safe as you go about your life assuming that the law and political circumstances will stay as they are now, and your freedoms will remain safe?

It’s a good idea to live like an optimist but prepare for the worst. I implore the reader to still act like your freedom is on the verge of obliteration: continue dutifully calling your elected representatives, speak up when needed, and most importantly, continue taking inexperienced people to the range and bring them into the fold of gun ownership, so our freedoms can be enjoyed by our grandchildren and their descendants a hundred years from now.

Litigation Highlight: Legal Challenges to ATF Rule on Stabilizing Braces

In January of this year, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) published Final Rule 2021R-08F, “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces.’” The new rule changes the operative definition of “rifle” in the Code of Federal Regulations such that most pistols with attached stabilizing braces (often called “pistol braces”) will now be subject to heightened federal regulation under the National Firearms Act of 1934 (NFA) and the Gun Control Act of 1968 (GCA). Citizens, state attorneys general, and gun policy groups have already filed several lawsuits in federal district courts challenging the legality of ATF’s rule.

In this post, I’ll first introduce the pistol brace and the tale of historical (non)regulation, beginning with a brief table-setting history of the NFA and GCA. Second, I’ll survey the main legal arguments presented in the ongoing lawsuits, with a focus on Second Amendment challenges.

The NFA, GCA, and the “Short-Barreled Rifle” Category

The NFA, passed in 1934 in response to widely-publicized incidences of gang violence, imposed burdensome taxes, regulatory requirements, and criminal non-compliance penalties on the ownership and transfer of weapons associated with criminal use. In 1968, the GCA modified the definitions of certain weapons already regulated by the NFA and instituted a system of federal licensing for firearms distributors. Together, these two acts regulate machine guns (fully-automatic rifles like the “Tommy Gun,” infamously associated with Prohibition-era criminals); short-barreled rifles and shotguns; suppressors; destructive devices (like grenades and other explosives); and an amorphous category of “any other weapon” (now referred to as ‘AOWs,’ and understood to include ‘disguised’ firearms and firearms that don’t fit neatly into another category). Collectively, these weapons are known as “NFA items.”

More specifically, this regulatory scheme limits who may import, build, or purchase NFA items, and under what circumstances they may do so. The most onerous restriction at the time of the NFA’s passage was the $200 tax it imposed on possession of NFA items (equivalent to ~$4,500 in today’s dollars). Since the amount of this tax has not changed over the years, the tax itself is no longer the NFA’s most restrictive element. Instead, that honor now belongs to ATF’s ‘approval’ requirements, which involve extensive background checks and fingerprinting, as well as the registration of the individual NFA item with ATF. The average wait-time for an individual seeking to buy an NFA item, such as a short-barreled rifle (SBR), is estimated to be  270 days.

The NFA as originally written also regulated handguns, but a concerted lobbying effort on the part of the National Rifle Association caused lawmakers to drop handguns from the final bill. So, today, the NFA regulates neither handguns (defined in relevant part as “a firearm which has a short stock and is designed to be held and fired by the use of a single hand”) nor full-length rifles (defined in relevant part as “weapon[s] designed or redesigned, made or remade, and intended to be fired from the shoulder” and having a barrel longer than 16 inches). Since neither handguns nor full-length rifles are subject to NFA regulations, these two types of firearms are substantially easier to access than SBRs, which differ from full-length rifles only in their barrel length.

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People Can Win.
We’ve been trained to think that endless rule by tiny minorities of really horrible people is the natural order of things, but that turns out to be just another lie

Earlier today Susan Schmidt and I published an article about a series of changes at the Cybersecurity and Infrastructure Security Agency (CISA), a creepy sub-division of the Department of Homleand Security. It turns out that CISA, which just a week or so ago was busted for scrubbing embarrasing text from its website by the Foundation for Freedom Online, quietly eliminated its so-called “MDM” or “Misinformation, Disinformation, and Malinformation” subcommittee.

Just a year ago, the Department of Homeland Security was going all-in on the fight against “MDM.” The notion that America is fatally infected with “Misinformation, Disinformation, and Malinformation” was in fact the animating idea begind the asinine plan the Biden administration announced last April to institute a “Disinformation Governance Board,” which was to be headed by Nina Jankowicz, a self-styled Mary Poppins of digital rectitude:

America took one look at Jankowicz and at most a few fleeting moments considering the “Disinformation Governance Board” plan before concluding, correctly, that it was a beyond-loathsome expression of aristocratic arrogance that needed shutting down before the first Jankowicz presser. Characteristically, the press lied about the public reaction, claiming that the only displeasure was heard from the “GOP.” In fact, all sane people across the spectrum were instantly nauseated, their distress loud enough that the DHS hit “pause” on Jankowicz and the batty MinTruth plan after just three weeks.

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We only saw “fact checkers” appear when the truth started getting out.

The Crusade Against ‘Malinformation’ Explicitly Targets Inconvenient Truths.

The legal challenge to censorship by proxy highlights covert government manipulation of online speech.

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According to an alliance of social media platforms, government-funded organizations, and federal officials that journalist Michael Shellenberger calls the “censorship-industrial complex,” I had committed the offense of “malinformation.” Unlike “disinformation,” which is intentionally misleading, or “misinformation,” which is erroneous, “malinformation” is true but inconvenient.

As illustrated by internal Twitter communications that journalist Matt Taibbi highlighted last week, malinformation can include emails from government officials that undermine their credibility and “true content which might promote vaccine hesitancy.” The latter category encompasses accurate reports of “breakthrough infections” among people vaccinated against COVID-19, accounts of “true vaccine side effects,” objections to vaccine mandates, criticism of politicians, and citations of peer-reviewed research on naturally acquired immunity.

Disinformation and misinformation have always been contested categories, defined by the fallible and frequently subjective judgments of public officials and other government-endorsed experts. But malinformation is even more clearly in the eye of the beholder, since it is defined not by its alleged inaccuracy but by its perceived threat to public health, democracy, or national security, which often amounts to nothing more than questioning the wisdom, honesty, or authority of those experts.

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So when an LEO has one it’s called a “patrol rifle”.
But when a citizen has one it’s a called an “assault rifle”. Got it.

Observation O’ The Day
This is a perfect example to show how media purposely directs the narrative instead of simply reporting facts. They would have called the exact same rifle an “assault rifle” if had been stolen from a non-cop, and there would have been discussion about how unsecured firearms in people’s possession are how criminals obtain guns and that private ownership of these “weapons of war” makes us all less safe as a result.

Patrol rifle stolen from trooper’s cruiser overnight in Malden, Massachusetts State Police say

MALDEN, Mass. — A department-issued rifle was stolen from a Massachusetts State Police cruiser overnight in Malden, according to the State Police.

The burglary happened with the Ford Explorer cruiser was parked in a garage of a residential complex in Malden, state police said.

“A Department-issued patrol rifle was stolen from the cruiser,” State Police spokesman David Procopio said in a statement, adding, “the cruiser was locked and the rifle secured in a mount.”

Forced entry was made into the cruiser, Procopio said. Sources tell WCVB the incident was not a smash-and-grab, but a professional break-in.

“At this time, we have no indication of the rifle being used subsequent to its theft,” Procopio said.

The incident is under investigation. Police are focusing on security cameras in the garage — but they’re not sure they were working overnight — and Malden city cameras outside the garage.

The cruiser was towed from the scene on a flatbed.

Legislators considering Constitution before passing laws? THE HORROR

When laws are challenged, they’re challenged on constitutional grounds. Is this law in keeping with the Constitution or is this a case of legislative overreach?

In fact, lawmakers are supposed to at least consider such things before passing laws. After all, they swear to support and defend the Constitution, which one would imagine requires them to consider it at a minimum before passing some bill.

But it seems that the folks at the Huffington Post are upset that lawmakers are considering court rulings before passing gun control. They made this pretty clear recently.

In fact, they’re so upset, they said it all over again.

Left In The Legislative Lurch

Eight more states have laws similar to California’s assault weapons ban that could be affected if the Supreme Court ultimately weighs in.

The expectation that these laws may be doomed is already complicating the politics of passing new ones like them.

In New Mexico, Democratic Gov. Michelle Luján Grisham has repeatedly urged the legislature to send her an assault weapons ban to sign this session, but lawmakers tabled the effort — partly over concerns that it wouldn’t withstand scrutiny in federal court.

“There’s absolutely no point to passing new laws which federal courts will strike down and which are clearly going to be deemed unconstitutional,” state Sen. Joseph Cervantes, a Democrat, tweeted last month.

With those lawsuits still playing out, the future of gun policy remains in flux. But that legal panorama makes it hard to imagine clear lanes for reform in the near future.

“We’re in a very difficult spot with that Bruen ruling,” said Miranda Viscoli, co-president of New Mexicans to Prevent Gun Violence. “Even though it was only about concealed carry, it’s just made everybody afraid who wants to pass common sense gun violence prevention legislation.”

Now, in fairness, this is only one part of a much longer piece lamenting the rulings and the impact they’re having on gun control.

Still, it’s interesting that they’re still complaining about states not passing gun control because they figure it’ll be tossed by the courts.

I’m sorry, that’s not a bug. It’s a feature.

Huffington Post can be big mad all they want, but the truth of the matter is that gun control isn’t constitutional. The author tries to get hung up on the militia clause at one point–a matter that has been thoroughly and completely debunked–and then laments the text and history test laid down in Bruen, but at no point can they actually make a legitimate case that gun control is within keeping behind the text or spirit of the Second Amendment.

That’s unsurprising, of course.

I’m glad to see legislatures hold up a bit before infringing on people’s rights. I’m upset that they’re only starting to do it just now, but this is a case of better late than never.

If they’re holding up, that’s great, but as the piece also notes, a lot of places aren’t. In truth, that is the real problem, not those exercising a bit of caution and, dare I say, common sense.

Then again, it’s Huffington Post. What can you really expect?

 

Trump Grand Jury Session Abruptly Canceled.

On Wednesday morning, Trump wrote in a post on Truth Social that Bragg was having problems with the grand jury. “The Rogue prosecutor, who is having a hard time with the Grand Jury, especially after the powerful testimony against him by Felon Cohen’s highly respected former lawyer, is attempting to build a case that has NEVER BEEN BROUGHT BEFORE AND ACTUALLY, CAN’T BE BROUGHT,” he claimed. “If he spent this time, effort, and money on fighting VIOLENT CRIME, which is destroying NYC, our once beautiful and safe Manhattan, which has become an absolute HELLHOLE, would be a much better place to live!”

Trump was clearly on to something. The Wednesday session of the grand jury has been canceled, according to a report from Business Insider.

Two law enforcement officers have informed Insider that the grand jury in the Trump case has been instructed not to report for duty on Wednesday — the day previous reports suggested there would be a possible indictment vote against former President Donald Trump. Although there is no confirmed schedule beyond Wednesday, one of the sources, speaking anonymously, indicated that it is doubtful the grand jury will convene at all this week. The grand jury typically meets on Mondays, Wednesdays, and Thursdays, and Fox News reports that the grand jury is on standby for Thursday.

Former Michael Cohen legal advisor Robert Costello, a surprise witness this week, was touted by Trump as having conclusive and irrefutable evidence to exonerate him. Amongst other testimony damaging to Manhattan District Attorney Alvin Bragg’s efforts to nab Trump, it was revealed that Bragg, who is already the target of a House GOP investigation for abuse of power, may have concealed exculpatory evidence from the grand jury.

This latest development raises new doubts as to whether the indictment will happen at all, especially in light of a previous report that sources close to the investigation believe it is possible that Bragg may end up not indicting Trump at all, and that Trump’s team has not been formally notified of an imminent indictment.

It’s not clear why Bragg, who has been presenting “evidence” against Trump since mid-January, suddenly halted the grand jury from convening. This has led to speculation that recent developments may have further weakened his already fragile case, and may even result in the failure of any potential indictment.

On Monday, constitutional scholar Jonathan Turley called Bragg’s case against Trump “legally pathetic,” and observed Bragg is “struggling to twist state laws to effectively prosecute a federal case long ago rejected by the Justice Department against Trump over his payment of ‘hush money’ to former stripper Stormy Daniels.”

Bragg’s case against Trump may be falling apart, thanks to the efforts of alternative media calling out his abuse of power and partisan motives.

Biden Wants To Emulate California’s (Failed) Gun Laws

By John R. Lott Jr. for RealClearPolitics

President Biden traveled to Monterey Park, California, the site of a mass public shooting that left 11 dead in January, to announce new executive actions on gun control. He touts the proposals as necessary “to reduce gun violence and make our communities safer.” But California already has all the gun control laws that Biden put forward, and yet it has a higher per capita rate of mass public shootings than the rest of the country.

Measures already in place include background checks on all transfers of firearms, “red flag” gun confiscation laws, and an assault weapon ban. Even if Biden’s ideal background check law had been in effect and perfectly enforced, it wouldn’t have stopped one mass public shooting this century.

Biden exaggerated the support for his background check proposals. The surveys he cites compress long, complicated proposals into one-sentence summaries. But when people are told that these laws would turn someone into a felon just for temporarily lending a handgun to a woman who is being threatened by a stalker, survey respondents answer that they oppose the regulation. 

One proposal would force people who sell or transfer only a few guns to obtain a federal firearms license. But even licensed dealers face an uphill regulatory battle. Biden’s zero-tolerance (zero tolerance for what?) policy drives licensed dealers out of business. The end effect is to stop gun sales.

But Biden has another goal. Despite federal law explicitly forbidding a national gun registry, the President has begun putting together a national database on gun ownership. By the beginning of last year, there were almost a billion entries.

Forcing gun transfers to go through licensed dealers will help create a more complete registry. And that’s about all it will do, since gun licensing and registration doesn’t solve any crime. The bottom line is to drive up the price of guns for law-abiding citizens and therefore stop gun sales altogether. In other countries, and even in parts of the United States, registration is consistently used to eventually take away people’s guns, and given Biden’s constant call to ban all semi-automatic weapons, which make up about 85% of all guns sold in the U.S., that is a real concern here.

Biden wants to “improve public awareness and increase” use of red flag laws (Extreme Risk Protection Orders). But this diverts focus from better laws already on the books in all 50 states. Involuntary commitment laws provide for evaluations by mental health experts, an emergency court hearing, and a lawyer. These laws give judges more options, such as mandatory outpatient mental health care, driver’s license suspensions, or taking away their guns.

By contrast, red flag laws only take away a person’s guns. If a person is truly suicidal – almost all the red flag cases involve concerns over suicide – there are so many other methods that are just as likely to be successful (hanging oneself, walking in front of a train, jumping from a height). Simply taking away someone’s legally owned guns isn’t a serious solution.

Gun control advocates claim that California’s 1990 assault weapon ban is responsible for its 55% drop in firearm mortality from 1993 to 2017. But California’s murder rate peaked in 1993 at 13.1 per 100,000 people, rising from 10.9 in 1989, the year before the state enacted its assault weapons ban. So why did the murder rate fall by 10%  in 1994 and not in 1990, and continue falling by 53% by 2000? California’s tough three-strikes criminal punishment law started on March 7, 1994.

Biden says we need national gun control laws to protect states like California, but that ignores the fact that the guns used in California’s mass public shootings were from California. Indeed, the firearms in all but two mass public shootings over the last 25 years were from the state where the attack occurred.

Gun control measures aren’t just ineffective against mass public shootings – they actually encourage attacks. The shootings keep occurring in places where people can’t have concealed handguns. In Los Angeles County, where two mass public shootings occurred in January, there is only one permit for every 5,660 adults. In San Mateo County, where another attack occurred, there is one permit per 24,630 adults. By comparison, there is one permit holder for every nine people in the 43 right-to-carry states.

Concealed handgun permit holders make a difference in those 43 states. Indeed, people legally carrying guns stopped at least 37 mass public shootings since 2020. And when Americans are allowed to legally carry concealed handguns, they stop about half of the active shooting attacks in the U.S.

Mass public shooters purposefully pick targets where they know their victims cannot protect themselves. The perpetrator of a mass shooting in Buffalo, N.Y., last year wrote in his manifesto: “Areas where CCW [carrying a concealed weapon] are outlawed or prohibited may be good areas of attack ... Areas with strict gun laws are also great places of attack.” Other mass murderers have made similar statements.

These killers may be crazy, but most aren’t stupid. Yet, states like California, New York, and New Jersey are moving to create more gun-free zones, where mass murderers won’t have to worry about victims protecting themselves.

Unfortunately, the gun control Biden pushes won’t stop mass public shootings and will only make problems worse. Gun control failures are used to call for more gun control laws. The solutions that would actually work aren’t being discussed.

Cert. Petition on the First Amendment and Coercive Government Threats in NRA v. Vullo.

William Brewer, Sarah Rogers & Noah Peters of Brewer Attorneys & Counselors and I filed a petition earlier this month asking the Supreme Court to review the Second Circuit decision in NRA v. Vullo; I think many of our readers will find it interesting (my apologies for the delay in passing it along).

I generally tend to agree with the NRA’s ideological views, to a considerable extent, but I would have been glad to be engaged to argue a similar case on behalf of groups I disagreed with as well; it’s a pretty important First Amendment question that can affect groups with all sorts of views. (Note that the ACLU filed an amicus brief on NRA’s side in the District Court.) Here’s our Introduction:

The Second Circuit’s opinion below gives state officials free rein to financially blacklist their political opponents—from gun-rights groups, to abortion-rights groups, to environmentalist groups, and beyond. It lets state officials “threaten[ ] regulated institutions with costly investigations, increased regulatory scrutiny and penalties should they fail to discontinue their arrangements with” a controversial speaker, on the ground that disfavored political speech poses a regulable “reputational risk.”

It also permits selective investigations and penalties targeting business arrangements with disfavored speakers, even where the regulator premises its hostility explicitly on an entity’s political speech and treats leniently, or exempts, identical transactions with customers who lack controversial views. In sum, it lets government officials, acting with undisguised political animus, transmute “general backlash” against controversial advocacy into a justification for crackdowns on advocates (and firms who serve them), eviscerating free speech rights.

Reaching this result, the Second Circuit disregards basic pleading standards and undermines fundamental First Amendment freedoms. It also departs from this Court’s precedent in Bantam Books, Inc. v. Sullivan and from the Seventh Circuit’s precedent in Backpage.com, LLC v. Dart.

This case arises from a series of actions—including press releases, official regulatory guidance, and contemporaneous investigations and penalties—issued by or on behalf of New York’s powerful Department of Financial Services (“DFS”) against financial institutions doing business with the NRA. Among other things, the Complaint states that Superintendent Maria Vullo: (1) warned regulated institutions that doing business with Second Amendment advocacy groups posed “reputational risk” of concern to DFS; (2) secretly offered leniency to insurers for unrelated infractions if they dropped the NRA; and (3) extracted highly-publicized and over-reaching consent orders, and multi-million dollar penalties, from firms that formerly served the NRA. Citing private telephone calls, internal insurer documents, and statements by an anonymous banking executive to industry press, the Complaint alleges that numerous financial institutions perceived Vullo’s actions as threatening and, therefore, ceased business arrangements with the NRA or refused new ones.

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More Caught Illegally Crossing Southern Border in 1 Year of Biden Than Entire Trump Presidency.

“Our top priority is to keep terrorists and their weapons from entering the United States.” So says the website of U.S. Customs and Border Protection.

The same webpage that makes this declaration includes a table that provides some relevant data for the fiscal years from 2017 to 2023. It lists how many individuals on the Terrorist Screening Dataset (commonly known as the “terrorist watchlist”) were encountered by the Border Patrol as they were trying to illegally sneak into the United States between the ports of entry on our southern border.

The Terrorist Screening Dataset, says the webpage, “originated as the consolidated terrorist watchlist to house information on known or suspected terrorists (KSTs) but has evolved over the last decade to include additional individuals who represent a potential threat to the United States, including known affiliates of watchlisted individuals.”

In fiscal year 2017, when Donald Trump was inaugurated as president, the Border Patrol encountered just two individuals on the terrorist watchlist trying to sneak across the southern border between the ports of entry. In fiscal year 2018, it encountered six. In fiscal year 2019, it encountered none; and, in fiscal year 2020, it encountered three.

In fiscal year 2021, the year President Joe Biden was inaugurated, there was a substantial shift in the trend. That year, the number of individuals on the terrorist watchlist that the Border Patrol encountered trying to sneak across the southern border increased fivefold to 15.

Then, in fiscal year 2022, it climbed to 98. So far in fiscal year 2023, which isn’t even half over yet, the Border Patrol has encountered 69 individuals on the terrorist watchlist trying to sneak across our southern border between the ports of entry.

How many on the terrorist watchlist have actually succeeded in illegally crossing our southern border into the United States? There is no way to know.

What we do know is that it only took 19 foreign terrorists who had made their way into the United States to hijack four domestic flights on Sept. 11, 2001.

While the Border Patrol managed to catch 98 on the terrorist watchlist trying to illegally cross our southern border between the ports of entry last year, is it possible there were 19 the Border Patrol did not catch?

There has also been a massive upward trend in the number of aliens the Border Patrol has “apprehended” or “encountered” as they tried to illegally cross the U.S.-Mexico border between the ports of entry.

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Fauci Caught Saying the Quiet Part Out Loud About the COVID Vaccine During PBS Special

We should all reconcile with the fact that Dr. Anthony Fauci is never going away; too many people idolize the man. He’s become a cult-like figure for the COVID freaks on the Left, the male version of Hillary Clinton. Like herpes, you may not see Fauci daily, but he’ll say ‘hey’ every few years. PBS is doing a documentary about that man who got everything wrong about the coronavirus. In some segments posted on social media, Fauci is walking around DC with Mayor Muriel Bowser, trying to increase vaccine rates among black neighborhoods. They were met with skepticism (via Fox News):

The exchange was documented by PBS for an upcoming program on Fauci as part of its “American Masters” series, which aims to help viewers “discover insightful profiles of important figures in America’s artistic and cultural life.”

In a clip from the program titled “Dr. Fauci visits D.C. to battle vaccine hesitancy,” Fauci and Bowser are shown in June 2021 walking the streets of Ward 8 of Anacostia in southeast D.C. – a historical African-American neighborhood that Fauci called “disenfranchised” with low vaccination levels. At the time of the video, Fauci was the director of the National Institute of Allergy and Infectious Diseases.…

One man challenged the renowned doctor and the Democratic mayor by saying that “the people in America are not settled with the information that’s been given to us right now.”

“So, I’m not going to be lining up taking a shot on a vaccination for something that wasn’t clear in the first place,” he said.

He pressed Fauci and Bowser about the length of time it took to develop the vaccine and said, “Nine months is definitely not enough for nobody to be taking no vaccination that you all came up with.”

Bowser defended the vaccinate by saying, “The only reason I’m talking to you right now, as close as we are, is that I’ve been vaccinated,” as she stood about six feet from the man on the front porch of his home.

“But if thousands of people like you don’t get vaccinated, you’re going to let this virus continue to percolate in this country and in this world,” Bowser said.

“Something like the common flu then, right?” the man interjected.…

“[Your] campaign is about fear. It’s about inciting fear in people. You all attack people with fear. That’s what this pandemic is. It’s a fear, it’s fear, this pandemic. That’s all it is,” he said as Fauci and Bowser walked away.

Another woman also challenged the duo, saying, “I heard that [the vaccine] doesn’t cure it, and it doesn’t stop you from getting it.”

The pure comedic aspect surfaces when Fauci blames red states for not pushing vaccination, saying they will keep COVID around as new outbreaks occur. Sir, you’re in deep-blue DC, and people are skeptical of getting vaccinated. Also, the cat was already out of the bag: COVID is endemic. The one thing that Fauci should have come away with during this little walk through DC is that he’s abysmal at messaging. He also said that Republicans needed to be broken to his whims on vaccination.

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Shot: defund the police
Chaser: I am begging for more police

Liberals are never, ever held to account.

San Francisco District Supervisor Hillary Ronen is “begging” for more police officers in the Mission District. Crime is out of control, and the city absolutely has to do something about it.

It’s a disaster! Somebody do something!

You have to sympathize with her and her constituents. Sure sounds like things are really bad out there. I wonder how any city could allow such a degradation in its policing capability?

Hillary Ronen is the one to ask. She led the fight to defund the police, after all.

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Governor says she’s going to keep pushing on crime, gun bills

As Gov. Michelle Lujan Grisham started her post-session news conference Saturday, she already knew the score.

Of the roughly 40 public safety bills introduced this year, the governor said she championed 10.

“We have about a handful up, and out of 40, it’s 10 [that passed], and not all of those would really constitute what I think are strong public safety measures,” she said.

“I know that is an area that you want me to say I’m disappointed,” Lujan Grisham added. “I’m motivated. I am very motivated to find additional ways to make sure that we really do everything in our power that makes our communities and cities in our state safe.”

The Legislature passed a gun storage law named after a 13-year-old Albuquerque boy authorities say was shot and killed by a fellow student who took his father’s gun to an Albuquerque middle school. Lawmakers also passed a bill that cracks down on organized retail crime and made it a fourth-degree felony to buy a gun for another person who is prohibited from owning a firearm.

But some of the governor’s biggest priorities went nowhere, including a ban on assault weapons; a bill to raise the age to 21 to buy or possess semi-automatic firearms, including assault weapons; and a 14-day waiting period to buy guns.

Other gun-related legislation — prohibiting firearms within 100 feet of polling places and updating the Unfair Trade Practices Act to lift restrictions on the filing of lawsuits against manufacturers or distributors — passed the Senate but didn’t get a hearing in the House, where they were likely to meet stiff opposition.

The governor also pushed for establishing a “rebuttable presumption” to keep repeat violent offenders awaiting trial off the streets instead of letting them be released pretrial. The bill was tabled in committee amid concerns it was unconstitutional.

Miranda Viscoli, co-president of New Mexicans to Prevent Gun Violence, said she was “extremely disappointed” the bill to impose a 14-day waiting period on gun sales didn’t get a hearing in either chamber. Of all the violence prevention bills proposed this year, that was the bill that would’ve made the biggest difference, she added.

“The studies we looked at say it’s a game-changer in terms of suicide and crimes of passion,” she said.

But Viscoli said she was grateful the Legislature passed House Bill 9, intended to keep guns out of the hands of children and teens. The governor signed it into law Tuesday.

“We’ve been working on getting that passed since 2017,” she said.

Rep. Pamelya Herndon, D-Albuquerque, who sponsored the legislation known as the Bennie Hargrove Act, called some of the other gun bills considered by the Legislature controversial, noting some are “going to take some time.”

Lujan Grisham, who was hammered over a crime wave plaguing New Mexico as she campaigned for a second term last year, vowed to keep “pushing the Legislature” to enact more measures, including funding to put an additional 1,000 police officers on the ground.

“The Legislature should expect me to look at that again because I know we need 1,000 officers,” she said.

Asked about her strategy to get her public safety priorities across the finish line, Lujan Grisham said she has to think about “creative solutions.”

“I’m going to keep trying,” she said.

“Just look at the stats. We’ve released some folks that should never have been released and have already reoffended in Albuquerque while we’ve all been in the legislative session,” she said, referring to efforts to pass a pretrial detention bill. “I find that to be intolerable. There are states who do it better, and I don’t know why we don’t just do exactly what those states are doing. I don’t need to recreate the wheel.”

The governor said she would continue to battle for modified pretrial detention, noting “everyone here knows I’m introducing that again. And again and again, and I might just try to change the Constitution so I can run again.”

Lujan Grisham said she was kidding but added she would continue to battle on crime legislation. And she made no apologies for her battle against guns, brushing off criticism she’s infringing on law-abiding citizens’ Second Amendment rights.

“I have not talked to a single policymaker, not one legislator, who’s interested in preventing responsible gun owners from accessing firearms,” she said.

“What we’re trying to address is that we have a gun violence issue and that guns … get into the hands of people who should not have them,” she said. “That … takes a scalpel, like figuring out where we got a problem and taking care of that particular problem.”

The Biden administration leaked the military records for Republicans who were running for elective office to try to hurt their election chances.

House weaponization panel probes release of Air Force records to political operatives

The House Select Subcommittee on the Weaponization of the Federal Government is probing the Air Force over the improper release of military service records to a political opposition research group.

In a letter to Air Force Secretary Frank Kendall on Thursday, Committee Chairman Jim Jordan, Ohio Republican, demanded that the service branch hand over all documents and communication related to the release of Official Military Personnel Files to Due Diligence Group, LLC, a research firm that obtained the records of multiple GOP candidates in the lead up to the midterm elections in 2022.

Rep. Chis Stewart, Utah Republican, co-signed the letter.

An internal Air Force investigation revealed last month that the service improperly released the military duty information for 11 individuals. The investigation was launched after the disclosure of Indiana House Republican candidate Jennifer-Ruth Green’s military records ahead of the midterms.

Several other GOP candidates have since come forward to report that their military records were improperly released.

Two sitting members of congress, Republican Reps. Don Bacon of Nebraska and Zach Nunn of Iowa, were also among those whose records were improperly released.

In a letter to Mr. Bacon last month, the Air Force said a Due Diligence Group employee posing as a background investigator requested his records.

“Department of the Air Force employees did not follow proper procedures requiring the member’s authorizing signature consenting to the release of information,” Air Force spokeswoman Ann Stefanek told CNN last month. “There was no evidence of political motivation or malicious intent on the part of any employee.”

She said the Air Force is “committed to preventing any such unauthorized disclosure of private information from occurring again” and will perform monthly audits.

Ms. Stefanek told Politico that “virtually all” of the 11 unauthorized requests for the records came from Due Diligence Group.

Mr. Jordan said on Thursday that the improper releases “may have violated Department of Defense policies and federal law.”

“While the Air Force has rightfully taken responsibility for these inappropriate OMPF disclosures, questions remain unanswered about the U.S. Air Force’s collection, maintenance, and dissemination of this sensitive information,” Mr. Jordan wrote.

New Student-Led ‘Red Guard’ Installed in Maine School District Causes Fury at Board Meeting

If you’re unfamiliar with the Red Guard instituted by Chairman Mao in China, get ready to understand it better than you ever wanted to. Critics of the sweeping transgender ideology infecting the school and medical systems have likened the ideology’s proponents to China’s Red Guard, a group of students trained to turn against their parents and other adults to usher in a brutal dictatorship. The Red Guard famously tortured its own teachers and parents in the name of the Communist cultural revolution. It was a dark and dangerous time in China for anyone who would not bow to the demands of tyrants.

A school system in Maine has instituted its own burgeoning Red Guard called the “Civil Rights Team.” This benign-sounding organization of kids is supposed to ensure that student rights are upheld. What has happened instead led to parents sounding off at the latest school board meeting to complain that the Civil Rights Team is just a bullying organization with an agenda. The Maine Wire covered the story:

Kristen Day said students affiliated with one of RSU 14’s Civil Rights Teams harassed her daughter. When her daughter refused to speak about her sexuality, two students affiliated with the club began to bully her and call her homophobic.

“They insisted she was gay because she dressed gay and listened to gay music,” Day said of her daughter, who was a 7th grader at the time of the alleged harassment.

“She was then called homophobic because she wasn’t at least bi,” Day said.

“She’s not political, but she does not want to talk about her sexuality in school,” she said.

Day went on to describe how the CRT (Is it a coincidence that their acronym mirrors Critical Race Theory?) founded by the Maine Attorney General’s office, pressured the kids into wearing pronoun pins.

Civil Rights Teams (CRTs) operate in Maine schools as a project of the Maine Attorney General’s Office, and the nominal goal of the student organizations is to reduce “bias-motivated” bullying and harassment in schools.

Day said her daughter was harassed about her sexuality by students affiliated with the school’s CRT under the pretext of opening a discussion about student sexuality.

CRT members also created surveys for their peers to take with questions about sexuality and gender, and they pressured them to don “pronoun” pins, Day said.

Windham Superintendent Christopher Howell, instead of investigating the allegations, wrote an email denying it ever happened.

“In short, the focus of [Civil Rights] teams is on helping to create a safe school environment for all,” said Howell.

“We are not aware of the Civil Rights Team being involved in the situation you’re referring to,” he said.

Using students to pressure other students into “group-think” is right out of the Commie playbook. It is not only disturbing that the Attorney General of Maine is complicit in doing this, but it should be a shocking wake-up call to parents nationwide. This threat of Communism is real. It is happening right now in this country. The question is, what are you going to do about it? If left unchecked this only ends one way: the same way it ended in China. NPR reported the sad reality in China as a result of the cultural revolution.

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BLUF
….the only person Biden is trying to save with this rhetoric is himself.

Gun Control Is Joe Biden’s Safe Space
With more economic problems looming, the president returns to an old favorite.

When things are going poorly, Joe Biden usually heads out for another gun-control push, issuing executive orders, demanding more legislation, and repeating many of his most preposterous anecdotes and claims. Because Biden’s gun rhetoric offers little more than emotionalism, it doesn’t have to make much sense — which, of course, plays to his greatest strength.

During the spring and summer of 2022, when inflation kept hitting new 40-year highs, Biden gave one cynical speech on gun violence after the next. This week, as the banking system yawned under the weight of his reckless policies, Biden was in Monterey Park, where 11 people were murdered by a 72-year-old lunatic during last year’s Lunar New Year celebration, to demand Congress pass more laws.

Obviously, it’s all meant to be a distraction. But it also needs to be debunked.

Here is CBS News giving the White House the lead it was looking for:

President Biden issued an executive order on Tuesday that aims to increase the number of background checks to buy guns, promote better and more secure firearms storage and ensure U.S. law enforcement agencies are getting the most out of a bipartisan gun control law enacted last summer.

Biden’s executive order will direct U.S. Attorney General Merrick Garland to increase background checks by “cracking down on gun sellers who don’t perform them when required.” This is already the law, and there’s no evidence of any widespread problem with licensed gun sellers circumventing checks to illegally sell firearms to criminals.

Even if gun dealers were a bunch of disreputable characters, it makes little sense for them to risk their businesses when a healthy market for legal guns exists. But it is true that occasionally, as happened with the Charleston Church shooter, law enforcement doesn’t do its job. So maybe Biden should sign an executive order demanding the FBI try harder.

The attorney general is free to crack down on criminals whenever he pleases. Biden’s executive orders feed the false perception that more background checks would lead to less violence. Biden admits in his speech that goal of his new EO is “moving us as close as we can to universal background checks without new legislation.”

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