Displaying posts published in

November 2018

Criminal justice reform: We can improve expensive, ineffective system by lowering recidivism Jared Kushner and Tomas J. Philipson

https://www.usatoday.com/story/opinion/2018/11/19/donald-trump-criminal-justice-reform-recidivism-jared-kushner-column/2047239002/
The costs of criminal activity are unacceptably high, but the reforms supported by the president promise to reduce costs and cut down on recidivism.

Crime imposes substantial fiscal and social costs on the United States. In 2016, more than 1.4 percent of our Nation’s GDP was spent funding the State and Federal criminal justice system. Victims and society at large also bear significant costs through pain, suffering, reduced quality of life, property losses, increased medical costs, and loss of life. The most recent estimates from 2014 indicate that altogether these damages constitute an additional 1.5 percent of GDP, yielding a total burden of 2.9 percent of GDP, or roughly $500 billion.

These costs can be attributed, in part, to crimes committed by prisoners after already serving once in prison, through recidivism after being released from state and federal facilities. If recent trends hold, almost half of federal inmates who were conditionally released will be re-arrested within 5 years of release and more than 75 percent of state offenders who were released on community supervision will be re-arrested within 5 years of release.
The president is reducing spending, crime

To break this cycle, President Donald J. Trump is working to effect bipartisan and evidence-based prison reforms to reduce recidivism. He issued an executive order in March that is bringing together more than a dozen Federal agencies to identify ways to reduce recidivism, enhance the reentry process, and improve public safety.

Video Obama on Change: We Are Still Confused, Blind, Shrouded With Hate, Anger, Racism, Mommy Issues Posted By Ian Schwartz

https://www.realclearpolitics.com/video/2018/11/20/obama_on_change_we_are_still_confused_blind_shrouded_with_hate_anger_racism_mommy_issues.html

Former President Barack Obama blamed “racism” and “mommy issues,” among other factors, limiting the ability for the U.S. to make “progress” on any important issue under President Donald Trump.

Obama, speaking at the Obama Foundation Summit on Monday night, said the answers already exist to solve many of the problems facing both the U.S. and the world, but that the nation was not making progress “because we are still confused, blind, shrouded with hate, anger, racism, mommy issues.”

“People call me Spock for a reason,” Obama quipped. “I believe in reason and logic and all these enlightenment values.”

Statement from President Donald J. Trump on Standing with Saudi Arabia

https://www.whitehouse.gov/briefings-statements/statement-president-donald-j-trump-standing-saudi-arabia/

The world is a very dangerous place!

The country of Iran, as an example, is responsible for a bloody proxy war against Saudi Arabia in Yemen, trying to destabilize Iraq’s fragile attempt at democracy, supporting the terror group Hezbollah in Lebanon, propping up dictator Bashar Assad in Syria (who has killed millions of his own citizens), and much more. Likewise, the Iranians have killed many Americans and other innocent people throughout the Middle East. Iran states openly, and with great force, “Death to America!” and “Death to Israel!” Iran is considered “the world’s leading sponsor of terror.”

On the other hand, Saudi Arabia would gladly withdraw from Yemen if the Iranians would agree to leave. They would immediately provide desperately needed humanitarian assistance. Additionally, Saudi Arabia has agreed to spend billions of dollars in leading the fight against Radical Islamic Terrorism.

After my heavily negotiated trip to Saudi Arabia last year, the Kingdom agreed to spend and invest $450 billion in the United States. This is a record amount of money. It will create hundreds of thousands of jobs, tremendous economic development, and much additional wealth for the United States. Of the $450 billion, $110 billion will be spent on the purchase of military equipment from Boeing, Lockheed Martin, Raytheon and many other great U.S. defense contractors. If we foolishly cancel these contracts, Russia and China would be the enormous beneficiaries – and very happy to acquire all of this newfound business. It would be a wonderful gift to them directly from the United States!

The crime against Jamal Khashoggi was a terrible one, and one that our country does not condone. Indeed, we have taken strong action against those already known to have participated in the murder. After great independent research, we now know many details of this horrible crime. We have already sanctioned 17 Saudis known to have been involved in the murder of Mr. Khashoggi, and the disposal of his body.

Representatives of Saudi Arabia say that Jamal Khashoggi was an “enemy of the state” and a member of the Muslim Brotherhood, but my decision is in no way based on that – this is an unacceptable and horrible crime. King Salman and Crown Prince Mohammad bin Salman vigorously deny any knowledge of the planning or execution of the murder of Mr. Khashoggi. Our intelligence agencies continue to assess all information, but it could very well be that the Crown Prince had knowledge of this tragic event – maybe he did and maybe he didn’t!

How can Theresa May survive Brexit? Andrew Gimson

http://standpointmag.co.uk/node/7301/full

The essence of the position of British prime minister is that at least in theory, and quite often in practice, he or she can be dismissed at a moment’s notice. In the midst of Downing Street, the prime minister is in death. It is very difficult to stay at the top for long. The average length of time that a PM has spent in office, not always in a single stint, is five and a half years. Nor has the Fixed-term Parliaments Act, passed in 2011 so the Conservatives and Liberal Democrats could carry on their coalition for a full five years without each party fearing the other might spring a general election on it, abolished this sudden-death tradition. Cameron felt obliged to declare at breakfast-time on the morning after the EU referendum that he would not be carrying on. He had encompassed his own downfall by a different but no less deadly method from the traditional overthrow either by voters in a general election (in recent decades, James Callaghan, John Major and Gordon Brown have gone in that way), or by rebels within the PM’s own party who reckon the leader has become an electoral liability (Margaret Thatcher and Tony Blair).

This is part of our understanding of liberty. We are a free country because we can at any moment get rid of whoever is in charge. Throughout her 11 years and 209 days in power, Margaret Thatcher could have been chucked overboard, and she knew it. At the start of the 1980s, when unemployment rose to three million and great swathes of British industry collapsed, the general view was that unless, like Edward Heath, she did a U-turn, she was finished. The Falklands War, the miners’ strike, the Brighton bomb and the Westland affair could all have precipitated her downfall long before the poll tax and disagreements about Europe brought about her defeat by her own MPs. Many of her colleagues detested her, she managed to fall out even with ministers such as Nigel Lawson and Geoffrey Howe who agreed with most of what she was doing, and the longer her leadership went on, the more unbearable it seemed to her rivals that she was allowing none of them a turn at being prime minister. In retrospect, it is surprising, not that she was thrown overboard at the end of 1990, but that she lasted so long.

We need a crisis, or a series of crises, in part because these can be turned into opportunities to turn out the prime minister, and sometimes the whole government. Commentators tend to deplore whatever difficulties we happen to be passing through, lamenting that these are the worst since the Second World War, or at least since Suez, and conveniently overlooking all the troubles which have occurred since then, which seemed bad enough at the time. They write on the unspoken assumption, welcome to whoever is in power at the time, that security is the highest political good. A degree of security is of course desirable, indeed necessary, but too much is dangerous to liberty. Parliamentary politics would perish, or atrophy, if we had nothing serious to argue about. The prime minister ought almost always to be in danger, at risk of being eclipsed by figures within his or her own party as well as by the leader of the opposition.

Conservative backwoodsmen ended up treating one of their most remarkable leaders, Robert Peel, as a renegade, despite the formative role he had played in the creation of their party. Labour MPs came to regard Ramsay MacDonald, who had done so much to create and lead their parliamentary party, as the worst traitor of all. The role of prime minister is essentially a sacrificial one.

Not that those who compete against each other for it are inclined to see it in this light. They believe they will be powerful, and they assure us they have the solutions we seek, however disappointing their predecessors may have proved. And it is true that most of them have a honeymoon period during which we allow ourselves to share in their optimism, for as voters we are torn between conflicting impulses. We long to believe we have found a saviour, but are determined to overthrow whoever fails to save us. We allow the stage to be dominated for a time by a successful prime minister, but then restore equality, for which all democracies have a deep desire, by dragging that individual back down to our own level, often with brutal abruptness.

The Three Stages of Trump’s Foreign Policy Restraint gave way to disruption. Now it’s time for leadership, strategy and results. By Walter Russell Mead

https://www.wsj.com/articles/the-three-stages-of-trumps-foreign-policy-1542672995

President Trump’s foreign policy has passed through two stages—one restrained and one more turbulent. The third and most decisive is now beginning to take shape.

Through most of his first year in office, Mr. Trump moved cautiously on the international stage and tended to defer to mainstream advisers. Starting last spring with the departures of H.R. McMaster and Gary Cohn, Mr. Trump has been taking more radical steps, ramping up tariff wars around the world while jettisoning the North American Free Trade Agreement, the Iran nuclear deal, the Intermediate-range Nuclear Forces Treaty and the Universal Postal Union.

For Mr. Trump’s critics, this second stage has been catastrophic. American power, they argue, depends on the institutions Mr. Trump is weakening and the allies he is alienating; the president is sawing off the branch on which he sits. His defenders say he is placing American power on a sounder footing, clearing away the deadwood of the past, forcing others to pay their fair share and ensuring the U.S. benefits more from international trade.

The case against Mr. Trump’s international disruption isn’t as strong as most in the foreign-policy establishment believe. There are certainly dangers in the president’s impulsive approach—some of them grave—but Mr. Trump has one big point in his favor. The liberal-internationalist vision, which holds that the world is a kind of greater European Union, moving inexorably toward its own kind of “ever closer union” via a strengthening network of international institutions, seems to be running out of steam.

As countries like Turkey, India, China, Brazil and Nigeria develop, they are striving more to strengthen their sovereignty than to pool it. By shifting America’s stance away from the losing defense of legacy liberal internationalism that characterized the John Kerry years, the Trump disruption might, might point the way toward a more sustainable U.S. diplomatic approach.

But for Mr. Trump to be remembered as something other than a diplomatic wrecking ball, his administration will have to rapidly shift gears. Destruction ceases to be creative when it doesn’t lead to the construction of something better. After the cautious first stage and the dramatic second stage, a third stage of strategy and leadership must follow.

In the Middle East, the murder of Jamal Khashoggi and the humanitarian catastrophe in Yemen seem to be forcing the administration to review its strategic options. Simply outsourcing U.S. regional policy to Riyadh and Jerusalem won’t do. Washington needs a vision and a policy that both reassures our local allies and disciplines some of their wilder instincts. Walking away from the Iran deal was easy; implementing a new regional strategy will be hard. Like his predecessors, Mr. Trump will be judged not by his intentions but by his results.

The ‘White Privilege’ Canard By Kyle Smith

https://www.nationalreview.com/2018/11/white-privilege-canard-race-determinism/Whites face much the same challenges anyone else faces.

Consider two Americans. One is named Mike. Mike is a straight white Christian male from a decaying industrial city in Ohio or Michigan. He never knew his father. His mother is hooked on painkillers. His home life isn’t great. Mom’s various boyfriends enjoy smacking him in the face. He gets passed around to a variety of family members. He gets into drugs early. Crime too. He drifts around high school and doesn’t graduate. He has no skills and no prospects.

The other American is Malia Obama.

Who has the privilege here? Which one of these citizens is going to have an easier time getting a potential employer on the phone? Who is more likely to find a suitable spouse? Which one of these people is going to have problems getting a mortgage? Who is going to have a better life?

The answer is obviously Mike. All Mike needs to do is present his “white privilege” card to Goldman Sachs, or the Walt Disney Company, or the United States Senate, and all doors will open, because white people like Mike are royalty. Mike will immediately be ushered to a velvet-upholstered throne and be instructed in how to fulfill his duties as a natural-born member of the country’s elite class.

Ah, the Left will protest, but Malia Obama is unique. There is only one of her. Well, two of her. Sort of. But anyway, blacks on average face more challenges than whites in the United States. Yes, but averages don’t tell us much about the lot of any individual. Happiness and success have much to do with personal circumstances — growing up in a stable, loving family; a good education; a strong work ethic. Having two parents who are able to get literally anyone in the world on the phone could help. Having no reliable parents could hurt. Race isn’t the ultimate or anywhere near the leading determinant of how your life turns out, and it’s sloppy to imply otherwise. Yet race determinism is everywhere, and if anything it seems to be growing in popularity.

As Predicted, San Francisco-Based Obama Judge Blocks Trump Asylum Order By Andrew C. McCarthy

https://www.nationalreview.com/corner/san-francisco-based-obama-judge-blocks-trump-asylum-order/

It took a few more days than I expected, but a San Francisco-based federal judge appointed by President Obama issued an order last night barring the administration from enforcing the asylum restrictions President Trump announced on November 9. U.S. District Judge Jon Tigar ruled that the president had unlawfully attempted to rewrite congressional law. (Mind you, these are the same federal judges who are striving to enshrine President Obama’s DACA program, an actual presidential rewrite of congressional law.)

Judge Tigar claims that by temporarily prohibiting illegal aliens from seeking asylum and requiring that asylum be sought at official ports of entry, the president imposed conditions “that Congress has expressly forbidden.” To the contrary, Trump was acting pursuant to a sweeping grant of legislative authority (Section 1182(f) of the immigration laws) which, the Supreme Court held only five months ago, vests the president with power to suspend entry and impose entry conditions when, in his judgment, the national interests require it. It is not a rewrite of congressional law; it is an action pursuant to congressional law, taken in order to respond to a significant security problem at the southern border. Under the terms of Trump’s order, the restrictions lapse after 90 days, at which point the status quo is to be restored (unless conditions on the ground warrant an extension), and illegal aliens can go back to filing fraudulent asylum claims whenever and wherever they please.

Tigar’s predictable judicial usurpation of immigration and border security policymaking authority will no doubt be appealed to the Ninth Circuit, which will no doubt endorse the district judge’s gambit.

To repeat what I wrote ten days ago:

As I write on Friday, the restraining order hasn’t come down yet. But it’s just a matter of time. Some federal district judge, somewhere in the United States, will soon issue an injunction blocking enforcement of the Trump administration’s restrictions on asylum applications.

The Mad, Mad Meditations of Monsieur Macron By Victor Davis Hanson

https://www.nationalreview.com/2018/11/emmanuel-macron-pan-european-army-crackpot-idea/

His idea of a pan-European army is as crackpot as it is ungracious.

Almost everything French president Emmanuel Macron has said recently on the topic of foreign affairs, the United States, and nationalism and patriotism is silly. He implicitly rebukes Donald Trump for praising the idea of nationalism as a creed in which citizens of sovereign nations expect their leaders to put the interests of their fellow citizens first and those of other nations second. And while critiquing nationalism, Macron nonetheless talks and acts as though he is an insecure French chauvinist of the first order.

The French president suffers from the usual dreams of some sort of European “empire” — Caesar, Napoleon, Hitler . . . Brussels? He probably envisions a new Rome steered by French cultural elites whose wisdom, style, and sophistication would substitute for polluting tanks and bombers, and who would play Greece’s robed philosophers to Europe’s Roman legions: “It’s about Europe having to become a kind of empire, as China is. And how the U.S. is.”

But aside from the fact that the immigration-wary eastern and financially strapped southern Europeans are increasingly skeptical of northern European imperial ecumenicalism, can Macron cite any “empire” in the past — Persian, Roman, Ottoman, British — that was not first and foremost “nationalist”?

Would an envisioned non-nationalist “European empire” put the interests of the United States or China on an equal plane with its own? Would it follow U.N. dictates? Does Macron object to nationalism only because other nationalists are more powerful than he is, with his own brand of nationalism (whether defined as French or Europe Unionist)? And does he therefore seek competitive clout through a nationalist, imperial European project?

MY SAY: HOW DOES ONE ENTER THE UNITED STATES LEGALLY?

With all the brouhaha about undocumented and illegal immigrants, I wondered what it takes to obtain legal entry now.

The best source I could find was from the official website of the Department of Homeland Security’s Global Entry pages:

https://www.cbp.gov/travel/trusted-traveler-programs/global-entry/international-arrangements/registered-traveller/citizens-united-kingdom

High Crimes and Misdemeanors -by Andrew McCarthy- Books reviewed

https://www.claremont.org/crb/article/high-crimes-and-misdemeanors/

Collusion! Obstruction! And what about the Emoluments Clause!

Donald J. Trump’s antagonists began talking about impeaching him within days of his 2016 election victory. But on what grounds? Since “collusion with Russia” is not a crime, can the president “obstruct justice” by carrying out an undeniably constitutional act, such as firing the director of the FBI—the agency investigating the, er, collusion? Even if we assume, for argument’s sake, that the president could be criminally charged for such an act, isn’t there some Justice Department rule against indicting a sitting president? If he may not be indicted at all, why is a special prosecutor investigating him? And if he may not be indicted for lawful exercises of his Article II prerogatives—dismissing subordinates, criticizing investigations’ merits and investigators’ motives, pardoning political allies—could he still be impeached over them?

These are difficult, important questions. In deliberating over the Constitution, nothing bedeviled the framers more than the new office they were creating, the presidency of the United States. If the nation were to survive and thrive, the chief executive would have to possess powers so awesome they could, if abused, destroy the nation, eviscerating its founding ideals of liberty and self-determination. With Americans having just thrown off one monarch, an essential objective of the Constitution was to forestall the rise of another. The president would have to be checked by powers commensurate with his own. Today, we metaphorically refer to the ultimate check, impeachment, as a “nuclear option.” To James Madison it was, in a word, “indispensable.”

* * *

No American president has ever been removed from office by the Constitution’s impeachment process, though Richard Nixon surely would have been convicted by the Senate and evicted from the White House had he not resigned. Andrew Johnson and Bill Clinton were impeached by the House, but the Senate could not muster the two-thirds supermajority to convict and remove them. Since Clinton kept his job in 1998, the prospect of impeaching presidents hangs more heavily than before in a coarsened culture, a fractious body politic, and a 24/7 media age that conflates news reporting with opinion journalism and fiery partisanship.

Yet, like fascism and the infield-fly rule, impeachment is a concept often invoked but poorly understood. There is excellent scholarship on the subject, Raoul Berger’s Impeachment: The Constitutional Problems (1973) being the modern standard. Still, there remains enough misinformation that a popular guide, attuned to modern conditions, would be welcome.

My own modest effort, Faithless Execution, was published in 2014. Alas, if the year does not explain why I was too early to the party, the subtitle will: Building the Political Case for Obama’s Impeachment. It was verboten to speak of impeaching President Barack Obama—which is why a political case for doing so was needed. (I’ll come back to that.) In today’s terrain, of course, even a well-reasoned polemical book is destined to be rejected out of hand by at least half the intended audience.

We still need that popular guide in the contentious circumstances of 2018. Some eminent scholars have produced a pair of books that attempt to answer the call: Impeachment: A Citizen’s Guide by Cass R. Sunstein, and To End a Presidency: The Power of Impeachment, a collaboration by Laurence Tribe and Joshua Matz.