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August 2016

For Worried Democrats: All Eyes on WikiLeaks When a fundraising scandal threatened his reelection in 1996, Bill Clinton stonewalled.Can Hillary do the same with the Clinton Foundation? John Fund

Much of the media are already declaring the election an all-but-certain win for Hillary Clinton. Today, the political forecasting site FiveThirtyEight, using polls plus historical and economic data, gives Hillary a 74.7 percent chance of being elected. But smart Democrats are resisting overconfidence; they know a lot can happen before the election. “American politics is freaky and can turn on a dime and in the other direction in one news cycle,” Democratic strategist Brad Bannon admitted last week,

Forecasts like the one from FiveThirtyEight are often based on a combination of polls, economic conditions, and factors such as the popularity of the incumbent president. They clearly don’t include the inevitable “x factors” in a campaign, such as the performances in presidential debates, possible terrorist attacks, and mega gaffes by one or more of the candidates. They also ignore the impact a late-breaking scandal can have on a race. Donald Trump has to worry about a potential leak from his IRS tax returns (it happened to Mitt Romney in 2012). Hillary Clinton has known since the Democratic convention in Philadelphia just how disruptive a WikiLeaks revelations can be — the leaks of e-mails from the Democratic National Committee cost chairwoman Debbie Wasserman Schultz her job.

Clinton must also remember what happened exactly 20 years ago during her husband’s campaign for reelection. That campaign has so far been recalled this year mostly for the skillful decision by Haley Barbour’s Republican National Committee to put some distance between GOP congressional incumbents and presidential nominee Bob Dole. The RNC urged voters not to “hand Clinton a blank check,” in the event he won reelection, by turning control of Congress over to the Democrats. It worked: Democrats actually lost two seats in the Senate and gained only two seats in the House.

But another story emerged from the 1996 election, centering around how Bill Clinton had to run out the clock on a growing campaign-finance scandal that in the last month of the campaign changed the dynamics of what had been a complete cakewalk of a race. Clinton ended up winning by eight points over Bob Dole (49 percent to 41 percent, with Ross Perot taking 9 percent of the vote). But that loss was not nearly as bad as Republicans had feared. Six final pre-election polls had Clinton winning by anywhere from eleven to 16 points. The New York Times/CBS poll was the most off-base, showing Clinton beating Dole 53 to 35 percent. CNN’s final tracking poll had Clinton ahead by 16 points. The respected Pew Research Center issued a final poll showing Clinton ahead 52 percent to 38 percent, a 14-point lead almost double the actual results on Election Day.

Of Course There Should Be an Ideological Test in Immigration The U.S. Constitution allows barring would-be immigrants who would subvert our Constitution. By Andrew C. McCarthy

Imagine an American government official, interviewing an alien seeking admission to our country from, say, Syria:

U.S. official: “Will you support the United States Constitution?”

Syrian alien: “Well, sure, except that I believe the government should be overseen by a caliph, who must be Muslim and male, and who must rule in accordance with Islamic law, which no man-made law may contradict. None of this ‘We the People’ stuff; Allah is the sovereign. Non-Muslims should not be required to convert to Islam, of course, but they must submit to the authority of Islamic law — which requires them to live in the second-class status of dhimmitude and to pay a poll tax for that privilege.”

“I also believe women must be subservient to men, and that men are permitted to beat their wives if they are disobedient — especially if they refuse sex, in which they must engage on demand. There is no such thing as marital rape, and proving non-marital rape requires testimony from four male witnesses. Outside the home, a woman should cover herself in drab from head to toe. A woman’s testimony in court should be worth only half of a man’s, and her inheritance rights similarly discounted. Men should be able to marry up to four women — women, however, are limited to marrying one man.”

“Oh, and Muslims who renounce Islam should be put to death . . . as should homosexuals . . . and blasphemers . . . and adulterers — at least the ones we don’t let off with a mere scourging. The penalty for theft should be amputation of the right hand (for highway robbery, the left foot is also amputated); and for drinking alcohol, the offender is to be scourged with 40 stripes.”

“There are a few other odds and ends — you know, jihad and whatnot. But other than that, will I support the Constitution? Sure thing.”

U.S. official: “Whoa, whoa, whoa, hold on a second. That’s not supporting the Constitution. That would be destroying the Constitution.”

Syrian alien: “Yeah, maybe so. But it’s my religion.”

U.S. official: “Oh, your religion. Why didn’t you say so? I thought you were spouting some anti-American political ideology. But as long as you say it’s your religion, no problem. C’mon in!”

This conversation is impossible to imagine because . . . it would be honest. In the decades-long onslaught of radical Islam against the United States, honesty went out with the benighted notions that we should “know thine enemy” and, God forbid, train our national-security agents in that enemy’s ideology, methods, and objectives.

In our alternative universe, you are not supposed to remember that there is an American constitutional framework of liberty, popular sovereignty, and equality before the law.

You are not supposed to realize that aliens are expected to exhibit fidelity to this constitutional framework as a precondition to joining our society.

You are not supposed to know that there is an Islamic law, sharia, that has far more to do with governance, economics, warfare, civil rights, domestic relations, criminal prosecution, and fashion than it does with spiritual life.

And you are absolutely not supposed to grasp that sharia is antithetical to the Constitution, to the very foundational American principle that the people may make law for themselves, live as they see fit, and chart their own destiny.

You are not supposed to connect the dots and ask, “Well, how is it conceivable that any sharia-adherent alien could faithfully pledge allegiance to our Constitution?”

Child Suicide Bomber Hits Wedding in Southern Turkey, Killing Dozens Turkish President Recep Tayyip Erdogan says attack was likely carried out by Islamic StateBy Margaret Coker and Thomas Grove

ISTANBUL—Turkey’s president blamed Islamic State for turning a youth into a human bomb at a crowded outdoor wedding party in southeast Turkey’s largest city, killing at least 51 people in a weekend attack that underscored how the war in neighboring Syria is destabilizing the region.

The bombing in Gaziantep targeted a largely Kurdish neighborhood and turned a celebratory summer evening into a scene of anguish and mourning, as the couple recovered on Sunday from injuries sustained in the massive Saturday blast and investigators worked to identify the charred body parts of guests and family members.

Dozens of funerals took place on Sunday, including ceremonies for 29 children who forensics teams had managed to identify. Nearly 100 people, including many women and children, were wounded in the attack.

There was no immediate claim of responsibility, but President Recep Tayyip Erdogan said a youth between the ages of 12 and 14 carried out the attack and said the bombing had the hallmarks of Islamic State.

Turkey has been battling the terror group as part of the international coalition, and has suffered multiple bombings targeting Turkish citizens already this year, including a devastating attack at Istanbul’s Atatürk International Airport.

Turkey’s Kurds in particular have come under fire from Islamic State. Kurds in Syria and Iraq, who are ethnically related to their kin in Turkey, have been among the most active groups fighting the extremists. Previously, Islamic State bombed a Kurdish rally in the Turkish capital and killed more than 100 people last year.

Earlier this month, a Syrian rebel offensive carried out largely by Syrian Kurdish groups and backed by U.S. special operations forces routed Islamic State positions in the Syrian city of Manbij, cutting the terror group’s last major road link to Turkey, which it had used to shuttle foreign fighters and supplies to its so-called caliphate. Turkey’s prime minister said Saturday that his nation was stepping up its role in finding a peace deal for Syria.

Ortega’s Nicaraguan Coup The Sandinista has become a dictator amid U.S. indifference.

Freedom and human rights have had a bad run in Latin America in the past decade. Venezuela has become a Cuban satellite and holds scores of political prisoners. Pluralism hangs by a thread in Bolivia, El Salvador and Ecuador. Yet the collapse of democracy may be most poignant in Nicaragua, which fought back against the Communist Sandinistas during the Cold War only to see them return with a vengeance amid U.S. indifference.

Last month Sandinista President Daniel Ortega purged Nicaragua’s opposition from Parliament. In November he will run for a third five-year term with his wife, Rosario Murillo, as his vice-presidential candidate. Elections under Mr. Ortega have never been transparent and he has barred international observers from this one. He has blocked serious presidential challengers, so this won’t be much of a contest.

Readers may recall how Mr. Ortega led the Sandinista revolution that toppled Anastasio Somoza in 1979 with the help of the Soviet Union. He moved quickly to establish a Communist beachhead in Central America. This spawned the grass-roots Nicaraguan resistance known as the Contras aided by the U.S. Mr. Ortega won one rigged election in 1984. But when he agreed to another with international observers in 1990, he lost to Violeta Chamorro.

The Sandinistas accepted defeat but refused to surrender their weapons or their judiciary seats. The “commandantes” of the revolution had enriched themselves by confiscating property in what was known as “the piñata,” and many Nicaraguan property owners have never been compensated.

Mr. Ortega has returned to power by exploiting democratic rules and then changing them once in power. Center-right President Arnoldo Aleman (1997-2002) negotiated a deal with Mr. Ortega to lower the threshold for a first-round victory in the presidential election to 35%. That allowed Mr. Ortega to split the anti-Sandinista vote in 2006 and win. CONTINUE AT SITE

What Trump’s Foreign Policy Gets Right The GOP nominee’s speech last week was a serious contribution, in sharp contrast with Clinton and Obama’s non-strategy. John Bolton

ad one of Donald Trump’s Republican opponents during the campaign for the GOP nomination given the same speech on combating global terrorism he gave last week, it would have raised few eyebrows. Naturally, competing candidates would have disputed particular points—some vigorously—but the speech’s overall analysis fits well within mainstream conservative and Republican thinking.

Some Trump opponents and supporters alike will be distressed by this news, but the speech visibly sharpens the contradictions with Hillary Clinton, who clearly would continue President Obama’s nonstrategy concerning radical Islam—now confirmed to include paying ransom for hostages. More broadly, the speech underlines why terrorism and other grave national-security threats should take center stage in the presidential race.

Mr. Trump rightly sees an ideological war being waged against the West by a hateful, millenarian obsession targeting core American constitutional and philosophical principles. From that assessment flow several policy consequences, most important the imperative to destroy the terrorist threat rapidly and comprehensively before it kills and maims more innocent people. Mr. Trump correctly argues that, in combating Islamic State, al Qaeda and others, “we must use ideological warfare” as well as stronger military and intelligence operations, and be “a friend to all moderate Muslim reformers.” This strategy is entirely consistent with what Jordan’s King Abdullah II and other Arab leaders characterize as a civil war within Islam.

In contrast, Mr. Obama and Mrs. Clinton still believe terrorism is a law-enforcement issue. They fail to grasp the ideological war we are in and therefore refuse to combat the enemy effectively. There were once those who did not see Communism as an ideological threat. They played down their views publicly because U.S. public opinion was overwhelmingly contrary, as Mrs. Clinton and Mr. Obama are doing now regarding terrorism. Mr. Trump should emphatically move the debate about radical Islam into the campaign spotlight. Let’s see who stands where.

Mr. Trump’s speech also demonstrated his willingness to face the hand dealt an incoming president, rather than following ideological abstractions, as Mr. Obama has consistently done. Although Mr. Trump restated his opposition to President George W. Bush’s 2003 invasion of Iraq and overthrow of the dictator Saddam Hussein, he nonetheless argues correctly that Mr. Obama’s “reckless” withdrawal of U.S. forces in 2011 rested on an “election-driven timetable” that “surrendered our gains in that country and led directly to the rise of ISIS,” thereby constituting “a catastrophic mistake.” CONTINUE AT SITE

The Climate Prosecutors Can’t Dodge Congress Forever The state officials who subpoenaed Exxon face questions from the House—and they have to answer. By Elizabeth Price Foley

For a sense of how far the left will go to enforce climate-change orthodoxy, read the recently released “Common Interest Agreement” signed this spring by 17 Democratic state attorneys general. The officials pledged to investigate and take legal action against those committing climate wrongthink. Beginning late last year, the attorneys general of Massachusetts, New York and the U.S. Virgin Islands, all signatories to the agreement, issued broad-ranging subpoenas against Exxon Mobil and conservative think tanks. They sought documents and communications related to research and advocacy on climate change.

Concerned that these investigations were designed to chill First Amendment rights, the House Committee on Science, Space and Technology issued its own subpoenas. In mid-July the committee, led by Rep. Lamar Smith (R., Texas), asked the attorneys general to produce their communications with environmental groups and the Obama administration about their investigations.

They have indignantly refused to comply. New York Attorney General Eric Schneiderman claimed, in a July 13 letter to Mr. Smith, that the committee was “courting constitutional conflict” by failing to show “a due respect for federalism.” Massachusetts Attorney General Maura Healey, in a similar letter dated July 26, asserted that the subpoenas are “unconstitutional” because they are “an affront to states’ rights.”

This view is utterly wrong. Federalism is a critical component of the constitutional architecture. The federal government exercises only limited and enumerated powers, and the states, under the Tenth Amendment, possess all other powers “not delegated to the United States.” But when the federal government acts within its delegated powers, it is entitled to supremacy over the states.

The Supreme Court has long recognized Congress’s power to investigate any matter within its legislative or oversight competence. With that comes a corresponding power to enforce its inquiries. The justices wrote in Barenblatt v. U.S. (1959) that the scope of Congress’s power of inquiry “is as penetrating and far-reaching as the potential power to enact and appropriate under the Constitution.”

Similarly, in McGrain v. Daugherty (1927), the court held that “the power of inquiry—with the process to enforce it—is an essential and appropriate auxiliary to the legislative function.” That’s why lawmakers passed a law to make contempt of a congressional subpoena a crime, punishing anyone who willfully refuses to answer “any question pertinent to the question under inquiry.”

The subpoenas to state attorneys general regarding their climate crusade easily fall within Congress’s legislative and oversight competence. The House Science Committee has jurisdiction over matters relating to scientific research. Its rules authorize the chairman to issue subpoenas on behalf of the committee. CONTINUE AT SITE