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June 2016

The Facts Keep Undermining Hillary’s E-mail Tales It’s outrageous that she might emerge unscathed even so. By David French

Yesterday the Wall Street Journal revealed that the FBI’s criminal investigation into Hillary Clinton’s handling of classified information was zeroing in on “a series of e-mails between American diplomats in Islamabad and their superiors in Washington about whether to oppose specific drone strikes in Pakistan.” The Journal noted that the e-mails were “vaguely worded” and sent within the “often-narrow time frame” when State Department officials had an opportunity to object to CIA drone strikes.

Before we go on, let’s revisit Clinton’s words from August 26, 2015. Back then, she declared that, “I did not send classified material and I did not receive any material that was marked or designated classified, which is the way you know whether something is.”

This was a classic Clintonian defense, resting as it did on a largely irrelevant straw man – if she did not receive information “marked” or “designated” classified, and such designations are “the way you know” something is classified, then she never knowingly mishandled classified information. Yet as I (and many others) have pointed out before, Clinton’s actual legal obligation was to safeguard marked and unmarked classified information, and to fulfill that obligation she would necessarily have to know the classification of everything she handled, whether it was marked or not.

That isn’t always a particularly difficult task. When it comes to drone strikes and many other sensitive issues, it is remarkably easy to determine whether information is or should be classified. And as you read the Journal article, it becomes quite clear that all parties knew drone-strike information was classified, yet they were doing their best to evade classification requirements for the sake of speed and convenience.

The picture the Journal paints is appalling. For example, in one instance an ambassador sent a “short, cryptic note” just before Christmas indicating a drone strike was imminent, triggering a conversation among Clinton advisers “over the next few days, in which it was clear they were having the discussions in part because people were away from their offices for the holiday and didn’t have access to a classified computer.” (Emphasis added.)

No doubt it’s inconvenient to disturb Christmas festivities for the sake of national security, but the idea that classification rules should be bent to accommodate holiday plans is absurd, and it mocks the sacrifice of countless service members and other members of the national-security establishment who actually observe the rules. To substitute the use of classified computers for unsecured communications using ad hoc vague wordings as some form of primitive code is dangerously amateurish and very likely criminal.

A ‘Special Prosecutor’ Is Still a Bad Idea in a Criminal Investigation of Clinton Such an appointee would enable Clinton and Obama to bury the scandal. : Andrew McCarthy

You can set your watch by it: Whenever a scandal arises or intensifies in the scandal-plagued Obama administration, alarms go off calling for a “special prosecutor,” and I am constrained to respond (see, e.g., here) that this well-intentioned idea is a bad one. So it is with what even the Obama White House now concedes is the criminal investigation of Hillary Clinton.

Here at National Review, Dan McLaughlin renews the call for President Obama to appoint a “special prosecutor” to take over the criminal investigation of the former secretary of state and presumptive Democratic presidential nominee. Echoing the Transom’s Ben Domenech, he contends that Obama’s endorsement of Clinton’s candidacy, announced on Thursday, is somehow a game changer.

While I have great respect for both of these thoughtful commentators, I could not disagree more. Special prosecutors are unconstitutional if truly independent, and counterproductive if not so. They are a poor excuse for avoiding the Constitution’s remedy for corrupt public officials: impeachment and disqualification. Moreover, it is simply not true that Obama’s endorsement of Clinton meaningfully ratchets up his conflict of interest; that conflict was already profound because we have known for months that Obama is implicated in Clinton’s lawlessness.

Any Prosecutor Appointed by Obama Would Not Be Credibly Independent
To their credit, Messrs. McLaughlin and Domenech avoid the fatal error usually made by “special prosecutor” enthusiasts — the error that explains the scare quotes around the term. When commentators call for a “special prosecutor,” they usually mean an independent prosecutor — as in: independent of the executive branch. As we shall see, however, such an office would be unconstitutional, because prosecution is an executive function.

McLaughlin and Domenech concede that this is a problem but convince themselves that it can be gotten round if President Obama, in a display of great integrity, appoints a credible lawyer who, though technically subordinate to the president, would be given de facto independence to conduct a thorough, let-the-chips-fall-where-they-may investigation. It would be hard to fathom a suggestion more removed from reality.

Obama has not only presided over a Justice Department so corrupt and politicized it would make the Nixon administration blush. He is, to repeat, complicit in Mrs. Clinton’s misconduct (a point we’ll cover in a bit). It is simply preposterous to believe that, after governing lawlessly for seven and a half years, Obama would suddenly transform into a pillar of rectitude who unleashes a credible, truly independent investigation of Clinton that could cost his party the presidency while besmirching his legacy.

Uh-Oh: Newly Released Email Was Marked Classified When It Hit Clinton’s Server By Debra Heine

Hillary Clinton has claimed from the very beginning of the email scandal that nothing she sent or received was marked classified at the time. As recently as Wednesday of this week, she told Fox News’ Bret Baier, “nothing that I sent or received was marked classified. And nothing has been demonstrated to contradict that. So it is the fact. It was the fact when I first said it. It is the fact that I’m saying it now.”

Unfortunately for Hillary, the State Department today released an email from 2012 that totally contradicts her “fact.” According to Catherine Herridge at Fox News, the email carries “a classified code known as a ‘portion marking’ – and that marking was on the email when it was sent directly to Clinton’s account.” (Not retroactively, as the Clinton camp likes to claim.)

The “C” – which means it was marked classified at the confidential level – is in the left-hand-margin and relates to an April 2012 phone call with Malawi’s first female president, Joyce Banda, who took power after the death of President Mutharika in 2012.

“(C) Purpose of Call: to offer condolences on the passing of President Mukharika and congratulate President Banda on her recent swearing in.”

Everything after that was fully redacted before it was publicly released by the State Department — a sign that the information was classified at the time and dealt with sensitive government deliberations.

A US government source said there are other Clinton emails with classified markings, or marked classified, beyond the April 2012 document.

A January 2014 federal government training manual, called “Marking Classified National Security Information,” provides a step-by-step guide for reviewing classified information, and allocating classified codes or “portion markings.”

“This system requires that standard markings be applied to classified information…Markings shall be uniformly and conspicuously applied to leave no doubt about the classified status of the information, the level of protection required, and the duration of classification.”

It adds, “A portion is ordinarily defined as a paragraph, but also includes subjects, titles, graphics, tables, charts, bullet statements, sub-paragraphs, classified signature blocks, bullets and other portions within slide presentations, and the like.”

“Portion markings consist of the letters “(U)” for Unclassified, “(C)” for Confidential, “(S)” for Secret, and “(TS)” for Top Secret.”

As has been pointed out too many times to count, whether an email is marked “classified” or not is completely irrelevant because it was her responsibility to ascertain whether the information shared through her private email server was classified. But Hillary kept using the excuse and will probably continue to do so because it’s all she’s got. CONTINUE AT SITE

Hillary’s Unsecured Emails Talked About DRONE STRIKES by Deborah Heine

The focus of the FBI investigation into Hillary Clinton’s handling of classified information is a series of emails between American diplomats in Pakistan and Washington about drone strikes, the Wall Street Journal reported Thursday. These emails are among the 22 top secret emails deemed too sensitive to ever be revealed to the American public.

Via Reuters:

The 2011 and 2012 emails were sent via the “low side” — government slang for a computer system for unclassified matters — as part of a secret arrangement that gave the State Department more of a voice in whether a CIA drone strike went ahead, according to congressional and law enforcement officials briefed on the FBI probe, the Journal said.

Some of the emails were then forwarded by Clinton’s aides to her personal email account, which routed them to a server she kept at her home in suburban New York when she was secretary of state, the officials said, according to the newspaper.

A day after she assumed office in 2009, Clinton signed a Sensitive Compartmented Information Nondisclosure Agreement that indicated it was her responsibility to ascertain whether information shared through her private email server was classified.

Most importantly, the agreement indicated that she understood there are criminal penalties for “any unauthorized disclosure” of classified information. CONTINUE AT SITE

Nick Turner Brexit, Part II: Faith in Oneself

When the asylum is on fire and management is arguing about regulating the volume of fire buckets, even the saddest inmate will grasp that making for the door is good idea. On June 23, in a plebiscite none but the brave or foolish would presume to predict, the UK will take the measure of its sanity.
The folly of the Euro has been discussed ad nauseam. For our purpose, let us just look at the outcomes: Far from harmonising, the most efficient economies, the newly reunified Germany to the fore, reaped the benefits while the least efficient economies, led by France, were left horribly exposed when the whole house of cards collapsed after the financial crisis of 2008. Trying to run a currency union by relying on monetary policy and adherence to the rules alone was always an ill-starred project. Interest rates that suited historically stable German deutschemarks were never suitable for Italy and their inflated Lire.

Where did this leave the EU? Paralysed. The Franco-German axis has tipped. It used to be Merkozy[1], now it’s just Merkel. Her CDU party hold the balance of power in the European Parliament[2]; she herself dominates the Council of Ministers, leaving just the Commission. Their own frustrations with the supposedly democratic arms of EU government were neatly summed up by Commission President Jean-Claude Juncker, back when he had to worry about such things, quipping, “We all know what to do, we just don’t know how to get re-elected after we’ve done it”[3]. While the Euro crisis unfolded it became increasingly clear that Angela Merkel was the de facto head of the EU and that the énarques had become little more than her EUnuchs while she cautiously adopted a Grand Wait & See policy.

The status quo, before the migrant crisis at least, suited Merkel very well. Like France pre-enlargement and the Euro, Germany benefits the most from the state of affairs. While the governance of Europe was French, the finances are quintessentially German. The new Members to the east have cultural and economic ties, smoothing their path into the German supply line. Historically however, Germany has never been powerful enough to completely dominate Europe and she is uncomfortable in the role now. The old German Question has resurfaced, namely: How does she deal with the lesser powers surrounding her? Fortunately, while a hundred years ago the question revolved around the military, nowadays it’s the economy[4]. Germans increasingly resent having to pay for the weaker Members who share the Euro and worry that they will club together to make them do so. They themselves see Germany’s trade and budget surpluses rise while theirs’ seem to fall in an inverse proportion and resent German economic growth at what they perceive as their expense[5].

The Euro crisis has brought up all the old European fault lines and the EU’s reaction to the migrant crisis has only deepened those divisions. After trying to ignore the crossings into Italy, the numbers choosing the much shorter route into Greece has led to extraordinary measures. While the Commission came up with a plan to distribute the refugees equally among Member States the Balkan nations, followed by the central European ones, put up fences with an alacrity that Donald Trump would envy. The EU’s passport free Schengen zone has effectively been ended[6] and while the Commission has tried its usual pan-European model that only answers the questions nobody else is asking, the Member States typically fell out over it. Merkel’s response was, against all European treaties, protocols and conventions, to invite a million into her country with no concern as to how they would get there. In doing so she has alienated her central and eastern allies.
The Brexit Countdown: Part I

The rights and wrongs of the migrant crisis will not concern us here. The British model of helping refugees closer to their homes seems eminently sensible if one is furthest away and has a moat to hide behind. The EU has fewer options and little experience in implementing them. The effects have been added political unrest amongst the citizenry and threats to social order unseen in the EU’s, but not Europe’s history. Merkel’s policy, while undoubtedly heartfelt, has undermined her authority and led to a rise in support for ultra-nationalist and xenophobic parties. Her recent Turkish deal and the backlash over the prosecution of the German comedian Jan Böhmermann, who dared exercise his right to free speech by insulting the Turkish president, has diminished her further.

The Empire Strikes Back

Merkel’s loss is the Commission’s gain. The Five Presidents’ Report[7] plots out the short, medium and long-term future of the EU. Progress must be made “towards a genuine Economic Union” – building on that “successful and stable” currency; “towards a Financial Union” which “increases risk-sharing with the private sector” – does anyone remember Moral Hazard? “towards a Fiscal Union” that somehow will deliver “fiscal sustainability” and “fiscal stabilisation” – or in other words, “harmonised” (high) tax rates; “finally, towards a Political Union” that will give the proceeding Unions “legitimacy” – which in the UK is known as the ‘Cart Before the Horse Strategy’. It promises to do all this by creating several new layers of bureaucracy with undoubtedly untold numbers of committees to help form new “Authorities” within Member States to help them towards “harmonised policies”. These Authorities would then form various “Boards” which would then work with the other EU institutions to achieve “convergence and further pooling of decision making on national budgets”. It also looks at “significant policy areas” such as “digital and capital markets” which as yet the EU has not stuck its beak into. The idea of a “Euro area treasury” is also floated. Buried at the back in Annex 3 (on the last page, where else) it has the almost obligatory catch-all that not withstanding the above the Commission reserves the right to ignore all the new levels of bureaucracy and Boards which represent Member States, so long as it can explain itself. To whose satisfaction it must justify its actions is unclear. What the report, and the whole Euro elite for that matter, seemed to have missed in building their harmonious ‘United States of Europe’ is that the United States of America works because traditionally there is variety between the states; if you don’t like the tax or regulatory regime in New York you can move to Texas…

Israel’s Odysseus vs the seductive Sirens Yoram Ettinger

In 850 BC, the legendary Greek author, Homer, introduced the mythical king of Ithaca, Odysseus, as a role model of leadership. Sailing home from the battlefield, Odysseus overcame sweeping temptations to dwell on wishful-thinking rather than reality. Odysseus overcame supreme seduction to stray away from the proper course of navigation, and join the beautiful Sirens, who lured sailors with their seductively hypnotizing voices, music and looks to shipwreck on the rocky coast of their island.

In 2016, the modern day Sirens of the Western media and policy-making try to divert (and confuse) Israel from the proper course of combatting terrorism, contending that “one’s terrorist is someone else’s freedom fighter;” that Palestinian terrorism is reaction to occupation; that Palestinian terrorists are “lone wolves” not institutional; and that Islam is a religion of peace, not terrorism. However, contrary to freedom fighters, Palestinian terrorism – a branch of the 1,400-year-old inherent Islamic terrorism – has targeted Jewish and mostly Arab non-combatants (sometimes hitting combatants) deliberately, institutionally and systematically, as prescribed by the Quran, the Palestinian Covenant and Palestinian hate-education in schools, mosques and the media.

Moreover, Palestinian terrorism has plagued the Middle East since the 1930s – before the 1948 establishment of Israel and the 1967 Six Day War – focusing on Israel’s existence, not “occupation;” triggering civil wars, subversion and terrorism in Egypt (1950s), Syria (1960s), Lebanon (1970s and 1980s) and Kuwait (1990); assisting Saddam Hussein’s and Assad’s repression of Iraq and Syria; and systematically siding with anti-US and anti-Western rogue regimes, such as North Korea and Iran.

In 2016, Israel’s leadership is cajoled by modern-day Sirens from Israel, the US, Europe and Arab countries to stray away from its national security course of navigation, which has been charted by costly geo-strategic experience, security constraints and requirements, historical reality and commitments made to constituents.
The modern-day Sirens attempt to allure Israel to join a tempting, seemingly-unprecedented regional peace-for-our-time initiative, pampered by peaceful Arab talk, US and NATO security guarantees, possibly Western troops on Israel’s borders and a lavish economic package. Israel is enticed to accept a demilitarized Palestinian state on its borders, the re-division of Jerusalem, the uprooting of Jewish communities in the Land of Israel, and the miniaturization of its size – in the increasingly tectonic Middle East – to a 9-15-mile-sliver along the Mediterranean, over-towered by the mountain ridges of Judea and Samaria, which are the “Golan Heights” of Jerusalem, Tel Aviv, Israel’s only (Ben Gurion) international airport, Israel’s major freeway (#6) and 80% of Israel’s population and infrastructure.

The contemporary Sirens try to smog Israel’s critical requirements of strategic depth for (routine) Middle East stormy days such as potential upheavals in Jordan and Egypt, which would cause havoc domestically, regionally and globally, posing a survival threat to the Jewish state. Middle Eastern realism requires security contingencies for future – rather than present day – lethal threats, emerging dramatically, unpredictably and frequently.

The EU is Coming to Close Down Your Free Speech by Douglas Murray

The German Chancellor was not interested in the reinforcement of Europe’s external borders, the re-erection of its internal borders, the institution of a workable asylum vetting system and the repatriation of people who had lied to gain entry into Europe. Instead, Chancellor Merkel wanted to know how Facebook’s founder could help her restrict the free speech of Europeans, on Facebook and on other social media.

Then, on May 31, the European Union announced a new online speech code to be enforced by four major tech companies, including Facebook and YouTube.

It was clear from the outset that Facebook has a definitional problem as well as a political bias in deciding on these targets. What is Facebook’s definition of ‘racism’? What is its definition of ‘xenophobia’? What, come to that, is its definition of ‘hate speech’?

Of course the EU is a government — and an unelected government at that — so its desire not just to avoid replying to its critics — but to criminalise their views and ban their contrary expressions — is as bad as the government of any country banning or criminalising the expression of opinion which is not adulatory of the government.

People must speak up — must speak up now, and must speak up fast — in support of freedom of speech before it is taken away from them. It is, sadly, not an overstatement to say that our entire future depends on it.

It is nine months since Angela Merkel and Mark Zuckerberg tried to solve Europe’s migrant crisis. Of course having caused the migrant crisis by announcing the doors of Europe as open to the entire third-world, Angela Merkel particularly would have been in a good position actually to try to solve this crisis.

But the German Chancellor was not interested in the reinforcement of Europe’s external borders, the re-erection of its internal borders, the institution of a workable asylum vetting system and the repatriation of people who had lied to gain entry into Europe. Instead, Chancellor Merkel was interested in Facebook.

DAVID GOLDMAN: HOW ANTISEMITISM BECAME RESPECTABLE AGAIN

The world was anti-Semitic in 1944, when Ben Hecht wrote A Guide for the Bedevilled. The majority of educated, civilized, and rational people believed that the Jews in some fashion had brought their own problems upon themselves. Hecht began fighting anti-Semitism after an unsettling exchange with a New York hostess, who explained to him that Jews had to acknowledge their own responsibility in the matter of their persecution. This polite Gentile lady explained:

The Jews complain. They suffer dreadfully, and they accuse. But they never stop to explain or to reason or to figure the thing out and tell the world what they, and only they, know…They are–how shall I put it–collaborative victims, a thing they refuse to see…The Germans are not a race of killers, fiends, of a special and different sort of sub-humans.

Not that she approved of Nazi genocide, to be sure; she may not have known the extent of the butchery, but she knew that dreadful things were happening to Europe’s Jews. But she thought that the Germans must have had some kind of provocation to hate the Jews so deeply. Why else would the Germans hate Jews so much?

When did the old anti-Semitism return? For half a century the horror of a million Jewish children murdered by the Nazis stopped the mouths of the anti-Semites, but that memory has worn off. What Hecht’s interlocutor believed in 1944, most liberals believe today, not to mention the vast majority of Europeans. Yes, the Arabs hate Jews, and express this hatred in a barbaric way, they will allow, but that is because Israel has provoked the hatred.

Tripwires that once seemed taboo are being crossed every day. One was triggered in the new action film “Triple 9,” which portrays a gang of ruthless Russian mafia killers operating under the cover of a kosher meat business. There are some violent Jewish criminals, but I have not been able to find a single example of an observant Jew among them. The filmmakers have invented a stereotype that has no instantiation in the real world.

Our colleges are now freedom-free zones By Gerald Walpin ****

The 1970’s Black Liberation Army engaged in bombings, murders and prison breaks to further its purpose of “taking up arms for the liberation … of black people in the United States.”

Today, its little publicized, but very effective progeny, relabeled Black Liberation Collective (BLC), has chapters in almost 100 college campuses “dedicated to transforming institutions of higher education through … direct action and political education,” including, one chapter proclaims, “collective resistance” by “Black students from across the country.”

BLC’s objective is to end academic freedom. One chapter expressly attacks “first amendment enthusiasts” as “either unaware or unconcerned with the persistent racial inequality that prevents students of color from even accessing this right.” BLC rejects free speech as protecting “an imagined denial of rights to the dominant group [whites], instead of the … persistent denial of rights to the oppressed [Blacks].” Translated: the majority must surrender their Constitutional rights or Blacks will never have theirs. Further, they demand that colleges prosecute anyone who expresses a contrary view: “prosecute criminally … defamatory speech in the college community.” Duke’s chapter paraphrases it to prohibit any speech on campus “that offends [or] “insults groups.”

These BLC demands violate the Supreme Court ruling that “undifferentiated fear or apprehension of disturbance is not enough to overcome the right of freedom of expression.” Most colleges’ written guidelines guaranty academic freedom.

Typical is Brown University’s mandating it “must be a place where ideas are exchanged freely. By asserting their right to protest, individuals cannot decide for the entire community which ideas will or will not receive free expression.”

The reality is, however, that most colleges today ignore these principles to appease BLC mobs. Last year, former New York City Police Commissioner Ray Kelly, was forced from the podium and prevented from speaking at Brown.

College dorms a new front in US battle over transgender rights

BOSTON, June 10 (Reuters) – As lawmakers across the United States battle over whether to allow transgender Americans to use public restrooms that match their gender identities, universities are scrambling to ensure that dorms meet federal standards.

At a time of year when the nation’s 2,100 residential colleges and universities are sorting out student housing assignments, they also are poring over a May letter from the Obama administration that thrusts them into the national debate on transgender rights.

Known as the “dear colleague” letter, it makes clear that federal law protects transgender students’ right to live in housing that reflects their gender identity.

Schools that fail to provide adequate housing to transgender students could face lawsuits or the loss of any federal funding they rely on.

Although hundreds of universities had begun to offer gender-inclusive housing in response to student demand in recent years, many are now reviewing or expediting their plans so they can provide the option to incoming students for the first time this fall.

The policies are intended not only to accommodate transgender students, university officials say, but to help siblings, gay students who want to live with straight friends of the opposite gender or simply groups comfortable with mixed-gender housing.