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May 2020

Five Quick Things: Consent of the Governed Scott McKay

https://spectator.org/five-quick-things-consent-of-the-governed/

With apologies to Mandy Patinkin, let me explain. No, there is too much. Let me sum up.

1. They’re poking the bear. It isn’t wise to poke the bear.

In his 1937 book A History of Political Theory, George Sabine collected the views of many political theorists on consent of the governed. Within those pages, Sabine quoted from an earlier work by French theologian Theodore Beza, Vindiciae contra tyrannos, which held that “The people lay down the conditions which the king is bound to fulfill. Hence they are bound to obedience only conditionally, namely, upon receiving the protection of just and lawful government … the power of the ruler is delegated by the people and continues only with their consent.,”

In short, abuse your power and you won’t like what happens.

We’re starting to see the ground shake a little bit under the feet of the wannabe dictators in charge of too many state and local governments. That’s only going to continue.

There’s the Shelley Luther case in Dallas, in which a local tin-pot clown of a judge named Eric Moyé, who has an immaculate academic resume to go with a history of personal violence and a virulently partisan Democrat bias, demanded that an owner of a hair salon not only close her business but bend the knee and apologize to the politicians she had defied in keeping it open. Luther politely but forcefully told Moyé that he was the one who could get bent, and he promptly slapped her with a contempt of court citation, a $7,000 fine, and a week’s jail sentence.

All hell broke loose in Texas over the Luther case, and a day later the state Supreme Court had sprung Luther after Attorney General Ken Paxton and Gov. Greg Abbott had separate conniption fits over Moyé’s judicial dipsomania. A GoFundMe installed for Luther’s legal fees and other needs topped the half-million dollar mark by Thursday as an outraged public voted with their PayPal accounts.

Obama, Biden Oval Office Meeting On January 5 Was Key To Entire Anti-Trump Operation Mollie Hemingway By Mollie Hemingway

https://thefederalist.com/2020/05/08/obama-biden-oval-office-meeting-on-january-5-was-key-to-entire-anti-trump-operation/

Susan Rice’s bizarre Inauguration Day email about that meeting helps explain the campaign of leaks, lies, and obstruction that followed.

Information released in the Justice Department’s motion to dismiss the case it brought against Lt. Gen. Michael Flynn confirms the significance of a January 5, 2017, meeting at the Obama White House. It was at this meeting that Obama gave guidance to key officials who would be tasked with protecting his administration’s utilization of secretly funded Clinton campaign research, which alleged Trump was involved in a treasonous plot to collude with Russia, from being discovered or stopped by the incoming administration.

“President Obama said he wants to be sure that, as we engage with the incoming team, we are mindful to ascertain if there is any reason that we cannot share information fully as it relates to Russia,” National Security Advisor Susan Rice wrote in an unusual email to herself about the meeting that was also attended by Deputy Attorney General Sally Yates, FBI Director James Comey, and Vice President Joe Biden.

A clearer picture is emerging of the drastic steps that were taken to accomplish Obama’s goal in the following weeks and months. Shortly thereafter, high-level operatives began intensely leaking selective information supporting a supposed Russia-Trump conspiracy theory, the incoming National Security Advisor was ambushed, and the incoming Attorney General was forced to recuse himself from oversight of investigations of President Trump. At each major point in the operation, explosive media leaks were a key strategy in the operation to take down Trump.

Not only was information on Russia not fully shared with the incoming Trump team, as Obama directs, the leaks and ambushes made the transition chaotic, scared quality individuals away from working in the administration, made effective governance almost impossible, and materially damaged national security. When Comey was finally fired on May 9, in part for his duplicitousness regarding his handling of the Russia collusion theory, he orchestrated the launch of a Special Counsel probe that continued his efforts for another two years. That probe ended with Mueller finding no evidence of any American colluding with Russia to steal the 2016 election, much less Trump or anyone connected to him.

SYDNEY WILLIAMS: MICHAEL FLYNN AND THE F.B.I.

www.swtotd.blogspot.com

On November 19, 1863, in the midst of the Civil War, Abraham Lincoln went to Gettysburg to help consecrate a portion of that battlefield as a new cemetery. He spoke of the government, conceived in liberty, that had been formed eighty-seven years prior, a government in which people are the ultimate power – a government comprised of the people’s elected representatives and the appointees those representatives make; he spoke of the laws and regulations that are made by those elected representatives, and he emphasized that this government is for the people, to ensure the protection of their rights to life, liberty and pursuit of happiness. Such a government, Lincoln understood, is rare. It relies on trust that those who labor within it work for the people, not for a party, a cabal or an individual. Once that trust is gone, the fragile edifice that comprises democracy crumbles. The Michael Flynn story is one of government servants subverting their role. No matter one’s political affiliation, the story of what happened to General Michael Flynn should frighten any lover of freedom and democracy.

This story has been ably told by Andrew McCarthy in National Review, Kimberly Strassel in The Wall Street Journal and others, but its consequences are worth considering again, as it unravels. On May 1, Ms. Strassel wrote: “…evidence of law enforcement’s abuse keeps emerging in dribs and drabs. To grasp the outrageous conduct fully, the Flynn documents need to be added to what we already know.” Establishment Washington could not believe that the people had elected Mr. Trump – this allegedly insensitive deal maker, a man who speaks frankly and crudely to and about his political opponents. He was demonized as authoritarian. He was an outsider. He had never served in government, nor in the military. He was a television star, famous for saying, “You’re fired!” In a country where leadership had too often descended into elitism, arrogance and hypocrisy, the mercurial Mr. Trump arrived as a disruptor.

To Washington’s establishment, Mr. Trump was naive. He is smart and shrewd, but the intelligence community is a different milieu, as Senator Schumer observed to Rachel Maddow on MSNBC. “He was not,” as Andrew McCarthy wrote on May 2, “supported by the Republican foreign-policy and national-security clerisy, which he had gone out of his way to antagonize during the campaign.”

Privacy & pandemics – time for constitutional test The US needs a Supreme Court ruling on the limits to privacy and the protection of individuals’ data. David Goldman

https://asiatimes.com/author/spengler/

Protesters demand an end to the statewide ’stay at home advisory’ and the new law enforcing everyone to wear a mask in public, outside the Massachusetts State House in Boston on May 4, 2020. Photo: AFP

Life is returning to normal in South Korea, Israel, and urban China, thanks to the combination of massive public health measures and digital tracking. The United States remains locked down for the most part, although a number of states are gambling on re-opening without sufficient data to predict the outcome. Without comprehensive testing for Covid-19, government and academic models of viral infection are throwing out estimates that differ by hundreds of percentage points. A leaked Homeland Security report projects 200,000 dead this year, while the Institute for Health Metrics and Evaluation at the University of Washington has doubled its estimate of deaths through August to 135,000.

In an April 24 commentary I quoted German Chancellor Angela Merkel’s statement that Covid-19 “is an affront to democracy,” adding, “There probably is no way to prevent the spread of Covid-19 except by locating and isolating every single individual carrier. Perhaps 40% of all cases are asymptomatic but nonetheless contagious, we know from Iceland and a handful of cities where the entire population was tested. That makes conventional tracking methods useless.” The checks and balances of the US Constitution, I argued, offered the best way to prevent government abuse of personal information obtained in an emergency.

Happy Birthday, Harry ! by Gerald A. Honigman

..Happy  Birthday, President Truman!

While there’s other things for why Harry S. (“the buck stops here”) Truman is remembered, for many folks–of various nationalities and religions–he will also be recalled as the President who stood up to the perpetually  Big Oil-linked folks in the State Department (and others as well) who fought him all the way down to the finish line over his decision to recognize the resurrected nation of the Jews on May 14, 1948.

And about the State Department and its buddies above?

No…they were not “just” anti-Zionist. Many were unabashed antisemites as well. Think Henry Ford, Father Coughlin, and so forth.

I’ll never forget a prominent, non-Jewish professor of American history calling me over privately (so I won’t now reveal his name) to share what he discovered when the National Archives were allowed to be opened from that era: plain, old-fashioned antisemitism at work, along with the other excuses now offered for them.

Truman certainly was not perfect, and he had people in his own family who thought as the Foggy Folks did. Many still think this way today.

Indeed, much of the animus once reserved for the individual “killers of Prophets, sons of apes and pigs” dhimmi Jew of the “Arab”/Muslim world and the Christian West, has now–in a post-Auschwitz age–simply been transferred to the Jew of the Nations–Israel.

Democrats’ Desperation Is Growing about Tara Reade. So Is Their Hypocrisy By David Harsanyi

https://www.nationalreview.com/2020/05/democrats-desperation-is-growing-about-tara-reade-so-is-their-hypocrisy/

Sufficient evidence that Joe Biden somehow mistreated Tara Reade has emerged for the double standard to become obvious.

There aren’t a ton of synonyms for the word “hypocrisy.” I’ve become aware of this problem ever since I began writing about the Tara Reade–Joe Biden situation. I keep gravitating towards phrases such as “despicable hypocrisy,” or “partisan hypocrisy,” or “unconscionable hypocrisy,” but you can only go to the well so often. Really, though, I’m not sure how else to describe the actions of someone like Senator Dianne Feinstein.

You might recall that it was Feinstein, the ranking member of the Judiciary Committee, who withheld Christine Blasey Ford’s allegation of sexual misconduct against Supreme Court nominee Brett Kavanaugh from the Senate so that it could not be properly vetted, in a last-ditch effort to sink the nomination.

Feinstein knew that Ford’s credibility was brittle — the alleged victim could not tell us where or when the attack occurred, hadn’t mentioned Kavanugh’s name to anyone for over 30 years, and offered nothing approaching a contemporaneous witness.

At first, Feinstein did not want to provide Ford’s name, or a place or time of the alleged attack, or allow the accused to see any evidence against him, denying him the ability to answer the charges.

Michael Flynn’s prosecution was a travesty of justice Andrew McCarthy

https://nypost.com/2020/05/07/michael-flynns-prosecution-was-a-travesty-of-justice/

It has long been obvious that the case brought by Special Counsel Robert Mueller against Michael Flynn stunk to high heaven. That has been copiously confirmed over the last three weeks as the Justice Department made a series of stunning disclosures that undermined whatever vestige of propriety remained.

General Flynn, former head of the Defense Intelligence Agency, served fleetingly as President Trump’s first national security advisor. At the time, in the wake of Hillary Clinton’s stunning defeat in the 2016 election, the media-Democrat complex fueled a “collusion” narrative — purportedly, Trump had schemed with Russia to hack Democratic email accounts, and would now do the Kremlin’s bidding from the Oval Office.

Flynn was caught up in this fever dream because, as a top Trump campaign adviser and transition official, he had some conversations with the Russian ambassador — just as he was speaking with many foreign dignitaries.

Although the FBI and the Obama administration had recordings of these calls and knew Flynn had done nothing improper, the fact that they occurred was used to stoke the claim that Flynn may have agreed on Trump’s behalf to drop sanctions Obama had imposed on Russia. He had not, but the mere mention of sanctions was politically explosive.

There was no basis to believe Flynn, a decorated former US combat commander, would ever be Moscow’s mole, much less that he had committed a crime. But Obama officials speculated that perhaps they could nail him for violating the Logan Act. On the books since 1799, this provision purports to make it a crime to engage freelance diplomacy without government authorization. It is almost certainly unconstitutional, no one has ever been successfully prosecuted for violating it, and the government hasn’t even tried to indict anyone on it since before the Civil War. It would be absurd to try to apply it to any American, but to contemplate doing it against a transition official slated to become national security adviser was particularly ludicrous.

Stealth Fascism II: The dissolution of civil society Edward Cline

https://ruleofreason.blogspot.com/2020/05/stealth-fascism-ii-dissalution-of-civil.html

I wrote the following just to illustrate a term I invented to capture the character of what is happening today, in 2020, because of the coronovirus and about the changing character of America:

Stealth Fascism

Taking my cue from Ayn Rand’s The Fountainhead , what would Howard Roark do or not do? Imagine he is faced with the likes of the Coronovirus in the 1920s and 1930s. He would laugh.

He would touch his face, while scratching his head over a designing problem.

He would not regularly disinfect his architectural drawings to show to prospective clients or employers.

He would take occasional trips to shop.

He would not constantly wash his hands, using a disinfectant; or a hand sanitizer.

He would go out, not stay at home, and wonder what the hell ws “discretionary” or “essential” travel.

He would go to work.

He would not use his elbow to sneeze into.
He would not wear a mask.He was already in conflict with the collectivism of his time.

He would eat and drink in a speakeasy, when he had the money.

He would not maintain a social distance from Dominique Francon.

 He would perform other actions or non-actions we should take for granted, as sane behavior, as normal in his world.

I’m really surprised and disappointed by how readily Americans are to submit to stealth fascism. It’s not a world I want to live in. It’s becoming less and less tolerable for me.

I have a good mind to order a Lone Ranger mask from Amazon.

Flynn Was Innocent All Along: He Was Pressured to Plead Guilty by Alan M. Dershowitz

https://www.gatestoneinstitute.org/15997/michael-flynn-innocent

From a legal and policy point of view, encouraging the FBI to misuse its legitimate authority to investigate past crimes, solely to create future crimes is both immoral and illegal.

Let us hear now from the former civil libertarians for whom any violation of law is permissible, as long as it is directed at a Trump associate.

Anyone who knows how the system works in practice would understand why an innocent man—or a defendant in a close case—might be coerced into pleading guilty…. in this case, it is alleged that the government threatened, if Flynn did not plead guilty, to indict his son.

There must be a single standard of justice and civil liberties — including the presumption of innocence — that transcends partisan politics. This message has been forgotten by both parties.

More than a year ago I wrote that it was clear General Michael Flynn should never have pleaded guilty because he did not commit a crime. Even if he lied to the FBI, his lie was not “material.” For a lie to be a crime under federal law, it must be material to the investigation – meaning that the lies pertain to the issues being legitimately investigated. The role of the FBI is to investigate past crimes, not to create new ones. Because the FBI investigators already knew the answer to the question they asked him—whether he had spoken to the Russian Ambassador—their purpose was not to elicit new information relevant to their investigation, but rather to spring a perjury trap on him. When they asked Flynn the question, they had a recording of his conversation with the Russian, of which he was presumably unaware. So his answer was not material to the investigation because they already had the information about which they were inquiring.

Is the CDC Meddling with the 2020 Election? The Centers for Disease Control is looking more and more like the 2020 version of James Comey’s FBI. Julie Kelly

https://amgreatness.com/2020/05/07/is-the-cdc-meddling-with-the-2020-election/

The coronavirus crisis is reaping big political benefits for Democrats. President Trump’s signature achievement—a booming economy with record low unemployment, rising middle-class wages, and a sky-high stock market—lies in tatters. At least 33 million Americans abruptly and without warning are out of work. Second-quarter gross domestic product estimates are horrifying, a double-digit dive that the country has never experienced even in the direst economic times.

Americans are scared for their health and fearful of the future. Neighbors are turning on each other; the inner tyrant of every state governor, mayor, and police officer has been unleashed. And President Trump has been denied access to his only stimulant—energetic political rallies where he connects directly with supporters across the country.

Instead, the president has been stuck in Washington, D.C., listening to the advice of “experts” who used fraudulent models to convince him in late March to “shut down” the country.

Trump’s rival, Joe Biden, has been safely shuttered away in his home studio where he struggles to read teleprompter scripts or offer articulate responses to softball questions from late-night hosts. The Democratic National Convention has been canceled so the American electorate won’t be able to assess Biden’s frailty and incoherence on a national stage a few months before Election Day.

At the same time, near-daily disclosures confirm that corrupt federal prosecutors and cops loyal to Barack Obama targeted Trump associates to sabotage his 2016 candidacy and then derail his presidency under the ruse of Russian election collusion.