April is world Jewhad™ month

I was inspired by Sadie’s clever comment:

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And before anyone gets too bent out of shape, although I consider Obama the worst president ever, think his policies towards Israel have crossed the boundary into evil, and look with despair upon the world he is creating inside and outside of American borders, these wishes are mere mind games, not a genuine hope or desire that any harm should befall him or his family. As I said, I do not like him, but I understand clearly the difference between God’s powers and my Passover-themed fantasies — as I’m sure all of you do too.

The Bookworm Beat 3-27-15 — “The World Turned Upside Down” edition and open thread

Woman writingWord must have gotten out that I have a temporary hiatus in the endless mountain of legal work that’s overwhelmed me, because the phone hasn’t stopped ringing all morning. Every time my fingers get anywhere near my keyboard, the phone rings, I glance at the caller ID and, yes, it’s a call I need to take.

The most interesting call I received came in a short while ago from a delightful, interesting man who will be speaking to a local conservative group with which I’m involved. His topic: Israel. In past weeks, some in the group have been a little worried that this man, a Democrat and Obama supporter, might inadvertently antagonize our group. Speaking to him today, though, I think he and our group will be singing the same song.  He seems to feel, as I do, that  — Obama is doing something unconscionably dangerous in allying us with Iran while giving Iran the nuclear go ahead, and something profoundly evil by sacrificing Israel to achieve this unconscionable goal.

I am deeply, deeply disturbed when I think what Obama is doing in the Middle East. By the pricking of my thumbs, Something wicked this way comes. This is not ineptitude or misguided faith. Obama, dragging the United States along behind him, is deliberately embracing evil.

All I can think of lately, and you’ll see why as you read further, is the British military band in 1781, at the Surrender at Yorktown, playing “The World Turned Upside Down.”

Don’t just blame Lena Dunham; The New Yorker published her

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[VIDEO] Obama is worse than Chamberlain ever was

Obama as Neville ChamberlainA lot of people have been likening Obama to Neville Chamberlain, insofar as it was Neville Chamberlain who thought he could strike a grand bargain with Hitler to create “peace in our time.” There were a few things in Chamberlain’s favor: First, Hitler pretended to be a friend to England. Second, Hitler hadn’t killed any Englishmen in the lead-up to those negotiations. Chamberlain was a trusting fool, but not an evil man. Indeed, Churchill welcomed Chamberlain into his newly formed government and wept when he died.

Second, as Ben Shapiro’s video makes clear, Obama is willingly entering into a deal with the Devil, and selling America’s soul to do it. Iran is making no pretense of being a friend to America. Instead, it’s increasing its rhetoric. In addition, as Ben points out, Iran has the blood of thousands of American troops on its hand. In other words, this isn’t a treaty negotiation, it’s a surrender.

And here’s one more thing showing that Obama is infinitely worse than Chamberlain ever imagined: Obama is deliberately lying about a long-standing ally in order to seal his deal with the Devil and, as a pleasing byproduct, to watch that one-time ally get destroyed. But why should we be surprised?  If you’ve already sold your soul, a little thing such as aiming a howitzer at a friend really isn’t going to bother you.

Obama’s remarkable consistency when it comes to “respect”

obama gives us the finger_thumb[41]I’m sure someone’s said it before, but Obama is remarkably consistent in his approach to everything.  For example, he believes that people who have been subject to systemic disrespect become violent or criminal.  If you show them the respect they need, they will stop behaving in that way.  He therefore believes that his job as America’s leader is to correct systemic disrespect which will, in turn, cause them to give up their bad behaviors and embrace good ones.

I believe in respect too.  My feeling is that you respect people by demanding of them the same good behavior you demand of yourselves.  That’s not the Obama way, though.  Just a few examples should suffice:

I believe that African-Americans are not doing well because Democrat policies infantilize them and encourage them to be helpless victims rather than people in control of their own destinies.  I believe that the best thing we can do for African-Americans is to offer them a free market, equal opportunities under the law, and the right, finally, to be free from government meddling, whether that meddling is badly or well intentioned.

Obama, however, believes that all problems in the African-American community — from poverty, to single motherhood, to crime — come about because America’s predominantly white society has failed to respect blacks.  He further believes that the way to confer respect on them and encourage future good behavior is perpetual welfare and insulation from the consequences of their own actions.  That hasn’t worked out well.  Black unemployment and crime rates (especially racially-associated crime rates) are up.

I believe that Hispanic illegal immigrants are law-breakers, cheat people who are playing by the rules, destroy the legal American working and middle class, and allow tyrannies to continue in their native lands by siphoning off the working population and sending back cash.  I believe that America, a nation of immigrants, should continue to encourage people to come here from foreign lands — but we should do so on our terms, not theirs, in order to protect our borders, our sovereignty, our public health, our crime rates, and our economy, and so as to disempower those Latin American nations that profit by sending us their labor and taking back our cash (cash that could have been in legal American hands).

Obama believes that illegal immigrants are being denied the respect.  It is this disrespect that makes them “live in the shadows.”  Obama further believes that the way to confer respect on illegal Hispanic immigrants, thereby bringing them out of the shadows, is blanket amnesty (which automatically erases that shadowy “law-breaker” status), followed by welfare. With this level of respect conferred on the illegal immigrants already here, he hints to Americans that the flow of illegal immigrants crossing our borders to demand our respect will stop.  It’s worth pointing out that the more “respect” Obama shows illegal immigrants who are already here, the more of them keep flowing across our borders.

And of course, I believe that the Iranian Republic is a fanatic, tyrannical Islamic theocracy that has, since its inception, dedicated itself to the complete destruction of Israel, the Islamic takeover of America, and control over the Muslim Middle East.   To this end, it has spent the past 36 years fomenting Islamic terror and revolution the world over.

Obama, however, sees a nation disrespected and misunderstood.  He believes that the root cause of its violent, genocidal, world domination attitude is that it has been subject to this emotionally hurtful lack of respect and understanding.  The same craving for respect has powered its nuclear ambitions.  Obama’s answer to Iran’s bad behavior is to treat the root cause:  Give Iran respect.  And of course, in Obama-land the way to give respect to a fanatic, genocidal, terrorist nation is to give it unfettered access to nuclear weapons.  Obama is remarkably clear in his believe that, once it achieves its nuclear ambitions, the sense of respect this will confer on Iran will cause it instantly to lay down the same nuclear weapons it just perfected.

Obama is quite obviously an ideological fool, who is blinded to the realities of human nature, most specifically how humans react to power, incentives, and punishments.  Don’t confuse that for stupidity, though, his handling of Israel has been masterful since the very first day of his presidency.  He has moved Israel into increasingly smaller boxes to the point at which Israel is now locked tightly into a box with a very large target painted on it.  I’m with the Commentary editors in that I see no good outcome here.

Oh, and one more thing:  Obama clearly grew up feeling that he, a mixed-race American child in Indonesia’s anti-American streets and Hawaii’s ultra exclusive enclaves, didn’t get the respect he deserved.  The way he responds to this root cause problem remarkably parallels his take on Iran’s response to a lack of respect:  He punishes his enemies and has no problem with the possibility of their annihilation.  Indeed, as I mentioned vis-a-vis Israel, he seems to share with Iran those same genocidal urges that seem to be the last resort of those feeling disrespected.

In other words, when it comes to  his own enemiestrying to change their bad behavior by showing them respect is a concept that goes right out the window.

The Tom Cotton letter usefully highlights Leftist stupidity

1364477366-tom-cottonI side with the people who think that Tom Cotton and the 46 senators who joined with him in an open letter to apprise the Iranians about the way our Constitutional system works did the world a great service.  As I’ll discuss at greater length below, the letter is a simple, beautifully written exposition about the American Constitution and its effects.  In addition, it’s a wonderful honey pot for calling stupid Progressives out of their dark caves and exposing their ignorance to bright sunlight.

The Cotton letter is really nothing more than an elegant primer about the balance of powers and the way in which Congress, which more closely represents the American people than does the president, gets to have a say in foreign policy.  For those of you who haven’t yet read the letter, or for those who would enjoy re-reading it, here’s the text:

It has come to our attention while observing your nuclear negotiations with our government that you may not fully understand our constitutional system. Thus, we are writing to bring to your attention two features of our Constitution—the power to make binding international agreements and the different character of federal offices—which you should seriously consider as negotiations progress.

First, under our Constitution, while the president negotiates international agreements, Congress plays the significant role of ratifying them. In the case of a treaty, the Senate must ratify it by a two-thirds vote. A so-called congressional-executive agreement requires a majority vote in both the House and the Senate (which, because of procedural rules, effectively means a three-fifths vote in the Senate). Anything not approved by Congress is a mere executive agreement.

Second, the offices of our Constitution have different characteristics. For example, the president may serve only two 4-year terms, whereas senators may serve an unlimited number of 6-year terms. As applied today, for instance, President Obama will leave office in January 2017, while most of us will remain in office well beyond then—perhaps decades.

What these two constitutional provisions mean is that we will consider any agreement regarding your nuclear-weapons program that is not approved by the Congress as nothing more than an executive agreement between President Obama and Ayatollah Khamenei. The next president could revoke such an executive agreement with the stroke of a pen and future Congresses could modify the terms of the agreement at any time.

We hope this letter enriches your knowledge of our constitutional system and promotes mutual understanding and clarity as nuclear negotiations progress.

There are a few things you need to notice about the letter to appreciate just how terribly Leftists are beclowning themselves. First, its tone is extremely respectful. It says nothing derogatory about anyone. Second, its content makes no reference whatsoever to the terms of Obama’s negotiations with the Mullahs. The only thing it does is offer information readily available to anyone who bothers to read the United States Constitution. (Reading the Constitution, of course, is as easy as plugging the words “United States Constitution” into Bing.)

This lucid, respectfully-stated summation of publicly available information has started a hysterical firestorm on the Left. The first cries were directed to all 47 Senators — Traitors! Logan Act violators! Both these insults were the products of stupid minds.

With regard to the treason claim, the letter certainly didn’t give aid and comfort to an enemy, which is the definition of treason. We’re not at war with Iran and the Mullahs do not appear to have received either aid or comfort ftom learning that Obama was over-promising. Indeed, they seemed angered and disappointed, which is how we like it when we’re dealing with people who, even though we’re not at war with them, have been at war with us since 1979.

The hysterics do not fare any better with the Logan Act claim. The Logan Act forbids unauthorized citizens from negotiating with foreign governments having a dispute with the U.S. An example of the type of conduct contemplated under the Logan Act occurs when a member of the armed forces travels to a foreign capital to engage in peace talks with an enemy that is facing off against our troops in a hot war on the battlefield. That’s a Logan Act violation.

The Logan Act, however, does not apply to United States Senators who send an open letter summarizing the Constitutional balance of powers. There is nothing in the Constitution that prevents Senators from visiting with, talking to, or trading information with foreign powers. Senators do it all the time, whether to gather useful information or to make nice with dictators. As long as they’re not entering into negotiations for international agreements, it’s all good — and if the Senator in question who does that is a Democrat, it’s still all good.

The Leftists seem to have figured out that, despite getting almost 300,000 signatures on their petition seeking Logan Act charges against the Republican Senators, that petition isn’t going anywhere — except that it will force the White House, when it responds to the petition, to concede that the Republican Senators had the perfect right to act as they did.

Balked in their quest for a collective spill of Republican blood, the Lefties have a new tactic. They’re now pointing to members of the armed forces and accusing them of having violated the military code.

Ground central for loony Leftist lies is the Daily Kos, which is suddenly extremely solicitous about the whole military code of conduct.  (Keep in mind these are the same people who still think John Kerry is a hero for having thrown someone else’s military medals over the White House fence and who include in their Big Tent  the whole cohort of screamers who spent the entire Iraq war calling our troops “baby killers.”)

The Daily Kos’s particular target is Jodi Ernst. I really can’t do justice to its fulminations, so let me quote. (Since I don’t feel like honoring the Daily Kos with a hyperlink, here’s a non-hyperlinked URL if you want to see the original: http://www.dailykos.com/story/2015/03/12/1370336/-Lt-Col-Joni-Ernst-should-be-court-martialed-for-signing-the-seditious-letter-to-Iran.)

It is a privilege to serve in the US military.  With that privilege comes obligations.  Following military law is one of them. When Lt. Col. Joni Ernst signed the seditious letter to Iran, she broke a serious law.

Lt. Col. Joni Ernst, the junior senator from Iowa, serves as a lieutenant colonel in the Iowa Army National Guard. As such, she is bound by the Iowa State Code of Military Justice.  Her signing of the seditious letter to Iran is a clear and direct violation of Chapter 29B.85 of the Iowa State Code of Military Justice.

29B.85  CONTEMPT TOWARD OFFICIALS.
Any person subject to this code who uses contemptuous words against the president, the governor, or the governor of any other state, territory, commonwealth, or possession in which that person may be serving, shall be punished as a court-martial may direct.

This is very serious infraction.  We are a nation governed by civilians.  Our Commander-in-Chief is a civilian.  The government officials that hold ultimate authority over our military are civilians.  This is true at the federal level and the state level.  This has always been the case since George Washington was president.  He resigned his military commission to accept the position of president.   We have never in our history had a military ruler.  Military obedience to civilian authority is critical and essential if we are to maintain the democracy we inherited.   That is why “contempt towards officials” is such a serious matter. Lincoln enforced that discipline during the Civil War. Even with the imposition of martial law, Lincoln remained a civilian commander. Truman enforced the same discipline after WWII when he relieved Gen. MacArthur of his command. Obama enforced the same discipline recently when Gen. McChrystal was relieved of his command. There is nothing anachronistic about this fundamental principle.

Let me say this very slowly because we’re clearly dealing with teeny-weeny brains here:  There. Are. No. Contemptuous. Words. Against. Obama. In. The. Tom. Cotton. Letter.  The letter’s only specific references to President Obama are as follows (emphasis added):

Second, the offices of our Constitution have different characteristics. For example, the president may serve only two 4-year terms, whereas senators may serve an unlimited number of 6-year terms. As applied today, for instance, President Obama will leave office in January 2017, while most of us will remain in office well beyond then—perhaps decades.

What these two constitutional provisions mean is that we will consider any agreement regarding your nuclear-weapons program that is not approved by the Congress as nothing more than an executive agreement between President Obama and Ayatollah Khamenei. The next president could revoke such an executive agreement with the stroke of a pen and future Congresses could modify the terms of the agreement at any time.

The first reference notes with complete factual accuracy, and no disrespect, when Obama’s term of office expires.  The second reference notes with complete factual accuracy, and no disrespect, that without three-fifths of Congress approving any agreement between President Obama and Ayatollah Khamenei, there is no treaty, there is only an executive agreement.

Now, if the Cotton letter had gone on to add that President Obama, despite his status as a constitutional law teacher, is an ignoramus when it comes to the Constitution; or that Obama is obviously engaged in a serious fraud against Iran and others in the world to the extent they rely on him to deliver a treaty; or that Obama seems to have abandoned the limitations of the U.S. Constitution in favor of the power of a tyrant — well, any one of those statements might be deemed “contemptuous.”

That, of course, is not what our reservist Senators did.  Indeed, one could argue that reciting manifest facts about the Constitution’s language is the most respectful act a military person can perform.  It’s heartening to know that the men and women who put themselves in the front line know what they’re fight for — and it’s not the United Nations, which Obama is now trying to bring into the loop in order to bypass Congress.

Joni Ernst isn’t the only target.  Over at the Washington Post, Jonathan Capehart is just thrilled to write that a retired GENERAL also thinks Cotton was disrespectful:

I turned to retired Major Gen. Paul D. Eaton for perspective. He wouldn’t say Cotton and Co. were “traitors,” either. He had a better word.

“I would use the word mutinous,” said Eaton, whose long career includes training Iraqi forces from 2003 to 2004. He is now a senior adviser to VoteVets.org. “I do not believe these senators were trying to sell out America. I do believe they defied the chain of command in what could be construed as an illegal act.” Eaton certainly had stern words for Cotton.

“What Senator Cotton did is a gross breach of discipline, and especially as a veteran of the Army, he should know better,” Eaton told me. “I have no issue with Senator Cotton, or others, voicing their opinion in opposition to any deal to halt Iran’s nuclear progress. Speaking out on these issues is clearly part of his job. But to directly engage a foreign entity, in this way, undermining the strategy and work of our diplomats and our Commander in Chief, strains the very discipline and structure that our foreign relations depend on, to succeed.” The consequences of Cotton’s missive were plainly apparent to Eaton. “The breach of discipline is extremely dangerous, because undermining our diplomatic efforts, at this moment, brings us another step closer to a very costly and perilous war with Iran,” he said.

Somewhere along the line, Major Gen. Eaton (clearly the very model of a modern major general who sounds erudite but actually knows nothing), has lost sight of the fact that Cotton is not an active duty military man but is, instead, an active duty American Senator.  Cotton’s obligations lie with the American people, not with the President — especially when the President is not acting in his role as commander-in-chief but is, instead, acting in his role as sell-out and appeaser-in-chief.

Incidentally, if it wasn’t immediately obvious from Eaton’s remarkably uninformed remarks, he’s also a hard core Lefty.  Considering that Eaton is not only a moron, but also a sufficiently adept political animal to have held a high position during Operation Iraqi Freedom’s lowest ebb , before General Petraeus turned it around, I can only say that I, for one, am profoundly grateful that Eaton retired and is now reduced to making little clucking noises on Leftist media rather than having direct responsibility for American troops.  As a civilian, he’s just one of a herd of similarly-situated Leftist lickspittles.  Were he still in the military, he could do real damage.

The cries of “traitor” ring out

obama gives us the finger_thumb[41]My legal workload has left somewhat unaware of the latest news cycle.  I was therefore surprised yesterday to see that one of my reliably Leftist friends on Facebook was saying that all of the Republicans in the Senate should be taken out and shot as traitors.

Working backwards, I discovered that the Republicans’ alleged treachery consisted of signing on to Sen. Tom Cotton’s letter educating the Iranian mullahs about our constitutional system: namely, that the president can make deals, but that the United States is bound by a treaty only if the three-fifths of the Senate ratifies it. Without that ratification, Obama’s “deal” lasts only until another president changes his (or her) mind.

Cotton, of course, is absolutely correct. The mullahs’ outraged reaction, in which they invoke international law as if that has the power to override a country’s internal rules for what it takes to create a binding treaty, tells us that they were woefully misinformed about the nature of the deal that they were planning on executing with President Obama. Could it be that our constitutional law professor/chief executive failed to inform them about the limitations on his power or, worse, misinformed them?

In any event, the Republicans’ temerity in making sure that the mullahs fully understood just how time-limited their deal is sent the reliably Leftist American media into a frenzy: “Traitor!” they cried. And my Progressive friend, being a good foot soldier, echoed that cry.

It’s worth looking at what constitutes “treason” as a matter of law:

Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

To the extent that Iran is still not our friend (not having signed on yet to Obama’s friendly deal), one could reasonably describe Iran — you know, the “death to America” and “let’s fund world terrorism” nation — as an enemy. The question one ask to ask, then, is who, precisely, is giving “aid and comfort” to that enemy?

When Tom Cotton authored and fellow Republicans signed a letter informing Iran that a mere “deal” with an American president will not give them a ten-year long nuclear free ride, the mullahs felt neither aided nor comforted. They were, instead, enraged. Moreover, their anger seemed to stem from their sense that the letter snatched aid and comfort away from them.

But what am I saying? Our august president, the one who, from Day 1 has allied himself practically and emotionally with Islam’s most extreme elements across the globe, while simultaneously doing everything within his power to undermine the world’s lone Jewish nation, would never offer “aid and comfort” to an American enemy, would he?

The Bookworm Beat 3-5-15 — “I’m still standing” edition and open thread

Woman writingLast year I had virtually no work; this year, if the pace keeps up, I’ll be working almost full time. Frankly, I preferred no work.

Fortunately — and the lawyers amongst you will appreciate this — I’m getting access to Westlaw again, and won’t be trapped in Lexis hell. When it comes to Westlaw, it’s a brilliant interface and I feel like a brilliant practitioner when I use it.

I’m not going to stop blogging, though, just because of a little legal work.  I’ve been collecting interesting information, and now I get to share it with you:

Obama’s misguided (or evil) efforts to spin his Middle Eastern failures as successes

I’ve been trying to have a more optimistic view of things in my life lately, along the lines of “when life hands you lemons, make lemonade.” Traffic tickets are an opportunity to be a better driver. Joint problems are a reminder to repair my body before old-age makes doing so impossible. Things like that — seeing problems as opportunities for improvement.

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#BibiSpeech #NetanyahuSpeech — Open Thread

Netanyahu's 2015 speech to CongressHave you listened to Netanyahu’s speech yet?  It was a masterful speech (and I wish American conservatives would listen and learn from it). In clear, elegant, often clever English, Bibi explained precisely why Obama’s proposed deal with Iran is an awful deal, one that paves the way for Iran to have a nuclear weapon system on the sly in the near future or completely legally in a decade. Bibi reminded his audience that Iran isn’t just any state — it is now, and has been for 36 years — the largest single terrorism sponsor in the world.

If you haven’t heard it yet, here’s the video:

Or, if you prefer reading to listening, here’s the transcript.

Bibi made a point that every sane person understands: Rewarding a bad actor does not make him less bad, it makes him more bad.

Along the way, Bibi addressed a point that has troubled some conservatives: Israel is much more worried about Iran than it is about ISIS, while the American people are more worried about ISIS than Iran. I really think that part of the speech gets to the heart of what should be every civilized person’s concern about what’s happening in the Middle East and around the world:

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SPOILER ALERTS: House of Cards, Season 3, Episode 7 — after jumping the shark, show goes full anti-Israel

House of CardsHaving now watched episodes 6 and 7 in House of Cards, I’m done with the show. I’m freeing up several hours of my life to read books, write, visit with friends — indeed, do anything but watch something that’s turned into yet another boring, polemic, Leftist wish factory.

BEWARE — HERE BE SPOILERS. If you haven’t given up on House of Cards, don’t read past this paragraph. You’ll regret it if you do.

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