Sometimes, you wonder if corrupt crap like this isn’t done on purpose, simply to test the opposition’s mental acuity.

Judge Aileen Cannon is a Heroine
She is scheduled on June 21st to hear oral argument on whether special counsel Jack Smith was unconstitutionally appointed

The liberal news media is full of false stories about how Judge Aileen Cannon of the United States District Court for the Southern District of Florida has delayed former President Donald Trump’s trial unnecessarily for allegedly mishandling classified documents. But, in fact, the Biden Administration and its Attorney General, Merrick Garland, are themselves to blame for the current delay. Special Counsel Jack Smith claims to be an inferior officer of the United States, but in fact he holds no such office. Smith is a mere employee of the Department of Justice, and he lacks the power to initiate prosecutions. Lucia v. Securities and Exchange Commission, 585 U.S. __ (2018) holds that only officers of the United States can take actions that affect the life, liberty, and property of citizens.

Judge Cannon has asked for oral argument on June 21, 2024 on former President Donald Trump’s motion to dismiss Special Counsel Jack Smith’s indictment on the ground that Smith was unconstitutionally appointed to his current job because he is not an inferior officer. Washington, D.C. super-lawyer, Gene Schaerr, has filed an amicus brief in United States v. Trump on behalf of former Attorney Generals Edwin Meese III and Michael B. Mukasey, as well as me and Professor Gary Lawson, arguing that Jack Smith was unconstitutionally appointed to be an inferior officer, and Judge Cannon has asked Gene Schaerr to participate in the oral argument, which he has agreed to do.

The Appointment Clause of Article II, Section 2 provides that: “the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.” Jack Smith claims to be an inferior officer of the United States appointed by the Head of the Justice Department, but he is instead a mere employee.

We argue in our amicus brief that Congress has never by law vested in the Attorney General as the Head of a Department the power to appoint inferior officers even though Congress has explicitly vested that power in the Heads of the Departments of Energy, Health and Human Services, Transportation, and Agriculture. The only power, which Congress has given to the Attorney General is the power to make a sitting U.S. Attorney a Special Counsel with jurisdiction to prosecute cases nationwide and outside his or her home district. Thus, the Delaware U.S. Attorney, David C. Weiss, currently has nationwide jurisdiction to investigate and prosecute Hunter Biden as a Special Counsel, and this appointment is completely constitutional. Similarly, former U.S. Attorney for the Northern District of Illinois, Patrick Fitzgerald, was quite legitimately given nationwide jurisdiction to prosecute former Vice President Dick Cheney’s Chief of Staff, Scooter Libby, in Washington, D.C. Fitzgerald got Libby convicted and sentenced to time in jail.

Jack Smith, however, was a private citizen, and not a sitting U.S. Attorney, when Attorney General Merrick Garland named him to be the Special Counsel who would investigate and prosecute Donald Trump. Smith’s appointment as an inferior officer was thus unconstitutional, and therefore the cases against former President Donald Trump, which Smith is prosecuting in Florida and in Washington D.C. must be dismissed. Again, Congress has never by law vested in the Attorney General the power to appoint inferior officers

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Queen Greta has exposed the truth about the green movement.

So, Greta Thunberg has a new cause. She’s found a new crusade to throw her weight behind. Forget saving the planet – now she wants to save Palestine.

Yes, the pint-sized prophetess of doom has swapped raging against industrialism for raging against Israel. Mother Nature will just have to wait – her erstwhile valiant defender is busy fixing the Middle East now.

Yesterday, Greta was snapped at the protest in Malmo, Sweden against Israel’s inclusion in the Eurovision Song Contest.

She looked the part. She had a keffiyeh draped over her shoulders and a smug look on her face: the two must-haves of every puffed-up bourgeois activist who gets off on fuming against Israel.

The keffiyeh really has become the uniform of the self-righteous. Go into a hip coffee shop or overpriced Soho burger joint and I guarantee you’ll see a Gen Z’er decked out in the Palestinian scarf.

Whatever happened to the sin of “cultural appropriation”? Not long ago, the right-on raged against white dudes who wear their hair in dreadlocks and white women who don kominos. “Stop stealing other people’s culture!”, they’d yell. Yet now they themselves spend their days in Arab attire.

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Joe Biden’s Weapons ‘Pause’ Will Get More Israeli Soldiers, Civilians Killed

President Joe Biden’s reckless halt of weapons to Israel will result in countless Israeli soldiers being killed in buildings that would otherwise have been destroyed.

According to a military source, Israeli soldiers will have to take cover in buildings as Hamas continues its attack in Rafah as the Biden Administration revealed it withheld 2,000-lb. and 500-lb. bombs. 

D.C. bureaucrats have urged Israeli Prime Minister Benjamin Netanyahu to refrain from invading Rafah without defense for its civilians. The PM has long insisted that ground invasion into the region is necessary in order to remove Hamas from power. Biden’s halt of a weapons shipment to the Jewish state made that near impossible. 

During a CNN interview this week, Biden warned that the U.S. would stop supplying weapons to Israel if the IDF attacks Rafah.

The source claimed that everything in Rafah is rigged to blow up, including all of the buildings. He also warned that Hamas has been preparing for Israeli Defense Forces (IDF) to enter the region. 

“We are being engaged in numerous buildings, and tunnels rigged in a manner we have not yet encountered,” the source said. 

Hamas had plenty of time to prepare after Biden’s opposition forced Israel to delay an operation in Rafah for three months. The Israel Defense Forces (IDF) practice in Gaza has often been to identify buildings where Hamas has hidden, warn residents to leave, and then bomb the buildings.

Dozens of soldiers died earlier in the war in booby-trapped buildings. The IDF is prepared for a slow, methodical campaign in Rafah. But that also means Israel will have to accept a higher number of military casualties than it otherwise would have. Via Breitbart News. 

In a soon-to-be-released report from the Biden Administration, it does not indicate that Israel violated terms for its use of U.S. weapons. According to two U.S. officials and a third person briefed on the situation, the report is expected to be critical of Israel. 

Congressional aides claim the delay in bomb shipment’s value as “tens of millions” of U.S. dollars.

In addition to Republicans demanding answers from the Biden Administration on its efforts to withhold weapons from Israel, 26 Democrats sent a letter to U.S. National Security Advisor Jake Sullivan expressing concerns over the situation. 

In a rare unison, Republicans and several Democrats believe the U.S. should not abandon its top ally. 

“With democracy under assault around the world, we cannot undermine our ally Israel, especially in her greatest hour of need. America’s commitments must always be ironclad,” the letter read. 

Representative Massie finally posts his correcting the domestic enemy Nadler, who should one day be prosecuted under 18 US Code § 241.

Analysis: The Pulitzer for Propaganda Goes to…

In 2023, the Washington Post published a series of articles about AR-15-style rifles. The series was scientifically illiterate, error-ridden, propagandistic, and willfully misleading.

Naturally, it has just been awarded the Pulitzer Prize.

Here are the facts, not that these matter even a little bit to the Pulitzer committee, members of which declined to answer questions for this column.

The AR-15 and rifles based on its design are two things at once: They are perfectly ordinary firearms that have been sold to civilians in the United States for the better part of a century, and they are cultural totems. They are cultural totems for the gun nuts who love them and for those who wish to prohibit their sale. The AR-pattern rifle has a lot in common with the most common rifles and handguns sold in the United States: It has a semiautomatic rate of fire (meaning that it fires once each time the trigger is pulled but doesn’t require any additional steps between trigger pulls, as opposed to, e.g., a bolt-action rifle, which requires that the shooter manually operate a handle that ejects the spent shell after a shot and then chambers another round for the next shot), and it is fed from a detachable box magazine. These features—semiautomatic firing and detachable box magazines—are what make the AR-style rifle useful for many purposes—including mass shootings. But they are features that the AR-style rifle has in common with most rifles sold in the United States and with nearly all handguns sold in the United States. As the engineering of semiautomatic rifles grows ever finer, even pursuits traditionally dominated by bolt-action rifles—long-range precision target shooting and hunting—have seen semiautomatic rifles make incursions, in much the same way that sports cars today mainly have a feature that would have been anathema to a sporting driver a generation ago: automatic transmissions.

The Washington Post series is very focused on the round the AR-style rifle fires, which it describes as “uniquely destructive”—a demonstrably false, quantifiable claim (as I noted at the time). AR-type rifles come in dozens of different chamberings, but the vast majority are chambered for the round that was long the standard-issue cartridge for the U.S. military: the 5.56mm NATO cartridge, which is nearly identical to and effectively interchangeable with the .223 Remington round. (AR-type rifles chambered for the 5.56mm round can typically fire the .223 without issue, though some older .223 rifles cannot safely fire the 5.56mm.) The Post writers claim that it is the speed of the 5.56mm round that makes AR-style rifles “uniquely destructive,” but this is false as a matter of elementary physics. Velocity is not what determines how much damage a projectile does to a human body—kinetic energy is. Chances are excellent that at some point this year you will be struck by something moving about 1 million times faster than the fastest bullet, and you will never even notice it, because the mass of the object in question is so small. Cosmic rays are an example of this. But the principle holds true at a larger scale: There are many cartridges that produce faster bullet velocities than the 5.56mm does. The 5.56mm generally comes out of the muzzle at about 3,250 feet per second (fps), which is a good deal less than hunting calibers such as the .220 Swift (more than 4,000 fps) or the .30/378 Weatherby (5,000 fps). Hunters and long-distance target shooters often prefer faster-moving cartridges because they are easier to shoot accurately: Bullets are not powered like little rockets but are more like rocks fired out of a slingshot, meaning that they begin to drop as soon as they leave the muzzle and gravity begins acting on them; faster bullets reach the target more quickly and thus have less time to fall and so require less adjustment for distance.

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Man shot during W. Gulf Bank home invasion

HOUSTON (KIAH) – Houston Police Department (HPD) responded to a shooting at the 1400 block of W. Gulf Bank around 12:30 a.m. this morning. Upon arrival, they found a male shot dead just inside an apartment. According to HPD, the victim walked up to the home and walked right by the two people standing in front. They asked him what he was doing and then forcibly tried to remove him from the apartment. One of the homeowners had a gun and shot the suspected home invader.

Supreme Court rules in favor of veteran who sued over GI Bill limits

The Supreme Court on Tuesday ruled in favor of a veteran who unsuccessfully tried to use both his Post-9/11 GI Bill and Montgomery GI Bill benefits, saying that Veterans Affairs officials erred in limiting his education support.

The 7-2 decision could have far-reaching impact on student veterans who use up their VA benefits but still wish to continue degree programs. Lawyers for the plaintiff have estimated as many as 1.7 million veterans nationwide could benefit from the ruling, but federal officials have estimated the number to be less than 30,000 individuals.

The case has been closely watched by veterans advocates for nearly nine years because of its potential ramifications. VA pays out more than $8 billion in education payments annually, and the Supreme Court ruling could boost that figure even higher.

The legal fight centered on Jim Rudisill, a 43-year-old Army veteran who was wounded in a roadside bomb attack in Iraq in 2005. Rudisill used all of his Post-9/11 GI Bill benefits shortly thereafter, but later wanted to tap into his unused Montgomery GI Bill benefits to attend Yale Divinity School as part of the process to become an Army chaplain.

When VA officials denied that move, Rudisill sued, claiming they were unfairly limiting his options. Writing for the majority, Justice Ketanji Brown Jackson called the government’s denial “nonsensical” and reversed lower court rulings supporting VA’s position.

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Breyer’s ‘Pragmatic’ Approach to Destroying the Second Amendment

Former Supreme Court Justice Stephen Breyer may no longer be in a position to decide cases that come before the Court, but he’s still trying to shape the judiciary in a way that would allow for judges to uphold virtually every gun control law the anti’s could dream up.

Breyer’s new book Reading the Constitution; Why I Chose Pragmatism, Not Textualism outlines his approach to interpreting the Constitution. I’m actually surprised he managed to fill several hundred pages with material, given that his view is basically that judges should have the power to ignore what the text of the Constitution has to say if they don’t like it.

Breyer highlights the need for considering the broader context in which laws are passed and the “practical consequences” of different interpretations. He refers to the majority judgment in New York State Rifle and Pistol Association v. Bruen (2022), in which he dissented. The Court held, 6–3, that New York’s law requiring a citizen to have a license to carry a gun outside his home violated the right to carry arms under the Second Amendment to the Constitution. Breyer expresses his disagreement with the ruling by emphasizing his preference to prioritize the practical implications. Considering the alarming patterns of gun violence in the US, Breyer believes the Court should have limited the access to firearms.

Does Breyer not know his history, or is he just choosing to ignore it? The Second Amendment was ratified shortly after a civil war that not only brought the United States its independence but led to small-scale reprisals between patriots and loyalists throughout the course of the war. As the Bill of Rights was being drafted and debated, the memory of Shay’s Rebellion was fresh in the mind of the Framers, while the Whiskey Rebellion broke out along the western frontier the same year the Second Amendment was ratified. The Founders knew all about “gun violence”. They just didn’t believe that disarming the American people was the answer.

Breyer’s criticism of textualism is based on his adherence to pragmatism. He contends that judges should endeavour to interpret the Constitution in a manner that is pragmatic and adaptable to the requirements of modern society. According to him, this approach is better aligned with the intentions of the Constitution’s framers, who intended for the constitution to be “workable” and responsive to evolving circumstances.

The Constitution is responsive to “evolving circumstances”, but the proper way to do that is through an amendment, not a panel of nine justices deciding that is language can be discarded because they think it’s right thing to do in our modern age.

Breyer’s not the first to adopt a “pragmatic” approach to the Constitution, of course. I’d argue that Roger Taney’s decision in Dred Scott is actually a pretty good example of the pragmatic philosophy that Breyer espouses. Taney twisted the Constitution’s text beyond recognition in order to reach his conclusion that black Americans could never be entitled to citizenship and that Congress had no power to regulate slavery in the territories. He did so in the belief that the practical implications of his ruling would make the country a more peaceful place by removing the issue of slavery and abolition (which Taney considered an act of “Northern aggression” from the national debate.

Pragmatism, like beauty, is in the eye of the beholder. In Bruen, Breyer (joined by Justices Sotomayor and Kagan) argued that the majority opinion “refuses to consider the government interests that justify a challenged gun regulation, regardless of how compelling those interests may be,” adding “the Constitution contains no such limitation, and neither do our precedents.”

The text of the Second Amendment doesn’t include a clause after “shall not be infringed” that says “unless the government thinks there’s a good reason to do so”. The entire purpose of the Bill of Rights is to restrain the government from violating our individual rights, and the Fourteenth Amendment applies those protections to abuses from state and local governments as well. The only pragmatic way to change that while remaining faithful to the Constitution is to pass another amendment negating the right to keep and bear arms. That option has been available to the gun control lobby for decades, but as we’ve seen with Gavin Newsom’s proposed constitutional amendment, it’s not feasible because the support simply isn’t there.

Since repealing the right to keep and bear arms is off the table, Breyer (and others) are left to insist that the Constitution is essentially whatever they want it to be. That judicial arrogance is at the heart of some of the worst legal decisions in this country, including Dred Scott, but thankfully was consigned to the minority in Bruen. If Democrats are able to reshape the court in their image after the November elections, however, that “pragmatic” approach could very well become the majority view on the Court. Our right to keep and bear arms could disappear as quickly as Dred Scott’s right to live free did in 1857; not because the Constitution demands that result, but because the “pragmatic” enemies of individual liberty do.

Just Stop Oil Tries to Destroy Magna Carta

Older than Joe Biden and perhaps more brain-dead, too.

Two Just Stop Oil idiots took a hammer and chisel (it should have been a Hammer and Sickle!) to the protective glass case in which the Magna Carta was displayed. The attack took place at the British Library.

 

There are only four surviving copies of the Magna Carta. Four.

For those of you who don’t remember your civics lesson, the Magna Carta is the agreement between the nobles and the king of England that limited the king’s power and helped set Britain on the path to a parliamentary democracy. It was a small but crucial step in the evolution of our system of government.

Ironically enough, our word for such people is “vandals,” named after the group that helped bring down the Roman Empire, plunging Europe into the Dark Ages–which is exactly what these despicable people are trying to do again.

The glass case protecting the document appears damaged but not pierced. It likely has a nitrogen atmosphere within to protect it from decay.

The Just Stop Oil tactic of attacking priceless works of art and other artifacts is an attempt to duplicate the Taliban campaign to erase non-Muslim culture in Afghanistan. It is a tactic of cultural terrorists and, in my view, should be treated in exactly the same manner.

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Ninth Circuit Panel Rules Non-Violent Felons Can Own Guns

Another federal appeals court has determined the Second Amendment protects the gun rights of at least some convicted felons.

On Thursday, a three-judge panel from the Ninth Circuit Court of Appeals sided with defendant Steven Duarte and vacated his conviction. They found the federal ban on felons possessing firearms was unconstitutional as applied to Duarte because his underlying convictions didn’t involve violent crimes.

“Duarte is an American citizen, and thus one of ‘the people’ whom the Second Amendment protects,” Judge Carlos Bea wrote for a 2-1 court in US v. Duarte. “The Second Amendment’s plain text and historically understood meaning therefore presumptively guarantee his individual right to possess a firearm for self-defense. The Government failed to rebut that presumption by demonstrating that permanently depriving Duarte of this fundamental right is otherwise consistent with our Nation’s history.”

The ruling deepens the federal circuit split over the constitutionality of the law that bars anyone convicted of a crime punishable by more than two years in prison from ever owning or handling firearms again. Felon-in-possession charges are the most common federal gun prosecutions in the nation. Continued disagreement over the constitutionality of the law underlying those charges may motivate the Supreme Court to address the issue itself directly, especially the question of whether people who aren’t violent present enough of a dangerous threat to be worthy of a lifetime gun ban.

The history and tradition test the Court set in 2022’s New York State Rifle and Pistol Association v. Bruen has opened up new challenges to all kinds of gun laws, and the Court has yet to hand down another Second Amendment ruling, though the case its current considering is likely to delve into the dangerousness question.

The Department of Justice, which defended the federal law, did not respond to a request for comment. However, it already requested that the Supreme Court review Garland v. Range, the other case in which a federal appeals court found the gun ban unconstitutional as applied to non-violent felons.

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