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The Barr Memo Is a Commendable Piece of Lawyering By Andrew C. McCarthy

https://www.nationalreview.com/2018/12/the-barr-memo-is-a-commendable-piece-of-lawyering/

Trump’s attorney-general nominee would help Mueller conclude his work within DOJ guidelines.

It is exactly what we need and should want in an attorney general of the United States: the ability to reason through complex legal questions in a rigorously academic way. Not to bloviate from the cheap seats, but to think these issues through the way a properly functioning Justice Department does: considering them against jurisprudence, statutes, rules, regulations, and Office of Legal Counsel (OLC) opinions, with a healthy respect for facts that we do not know or about which we could be wrong — facts that could alter the analysis.

That is precisely what Bill Barr did in June, when he penned an unsolicited memorandum to top Justice Department officials on a matter of immense national significance: the obstruction aspect of Special Counsel Robert Mueller’s investigation of President Trump.

Barr, whom President Trump has nominated to be the next attorney general, was not prejudging the facts. He was addressing the law and Justice Department policy. With great persuasive force, the 19-page memo posits two contentions. First, based on what is publicly known, the special counsel’s theory of obstruction is legally flawed. Second, if a Justice Department investigation is going to be used to take down a democratically elected president, the social cohesion of our body politic demands that it be over a clear, very serious crime, not a novel and aggressive theory of prosecution.

The Eagle and the Dragonfly: How Google Threatens Freedom By Mytheos Holt

https://amgreatness.com/2018/12/19/the-eagle-and

Google CEO Sundar Pichai’s recent congressional testimony capped a deservedly rough year for the embattled search giant. While Pichai largely avoided any major missteps in his testimony—thanks mostly to the technological illiteracy of the questioners—even Google-friendly sources couldn’t help noticing his evasiveness on one key point: the infamous proposed partnership between Google and the Chinese government to build a censored search engine in line with Chinese government ideology—a project ominously code-named “Project Dragonfly.”

Most notably, Pichai absolutely refused to rule out making such a product, instead devolving to corporate doublespeak about being “committed to engagement,” whatever that means. He also tried to downplay Project Dragonfly, characterizing it merely as an “internal product,” rather than something under serious development.

This was wise of him, considering that the reports on what Dragonfly allegedly is being designed to do. According to a suppressed Google internal memo, Dragonfly is being built not only to limit search results, but also to enable the Chinese government to track what every single citizen searches for on the app. In other words, it’s a surveillance tool disguised as a search engine.

Flynn: Fact, and Narrative By Andrew C. McCarthy

The FBI did not treat Flynn fairly, but while the Bureau’s situational ethics leave much to be desired, its aggressive tactics did not violate the law.

So. . . it turns out Michael Flynn was not sentenced on Tuesday.

No sentence does not mean no drama. We were treated to the notoriously unscripted Judge Emmet Sullivan suggesting that Flynn might somehow be guilty of “treason.” Now, I’ll grant you, being an unregistered agent of a foreign power is not a good thing (there’s even a law against it). But it’s tough to fathom how a judge could spin such a thing into treason when (a) the foreign power, Turkey in this case, is a NATO ally (at least technically), (b) General Flynn was not a U.S. government official when he acted as Ankara’s agent, (c) the prosecutor did not think it was an important enough crime to charge against Flynn, (d) Flynn is a decorated 33-year combat veteran who has written a book detailing a strategy for defeating America’s actual enemies, and (e) the prosecutor, in fact, has proposed a sentence of no jail time for the process crime that was actually charged in the case.

After calling a brief time-out in the proceedings, a contrite Judge Sullivan returned to the bench and retracted his loopy treason comments. All in all, it was a disgraceful performance: Flynn’s is not a complicated case, yet Sullivan failed to have a grip on basic facts. Still, before postponing the former national-security adviser’s sentencing, Sullivan — however unwittingly — performed a useful service in deconstructing the competing Flynn narratives.

Narrative overwhelms fact in modern political discourse. Maybe this is a function of the information age and modern news programming: Information gushes at people like an open hydrant. They feel the need to process information thematically, if they are to process it at all. And the lines between fact-reporting and opinion-analysis have blurred.

In my weekend column, I contended that there are two narratives of the Flynn episode, and that neither is accurate. Flynn fans say he has been railroaded, that the case against him is entirely fabricated, and that he was extorted into pleading guilty in order to protect his family from further ruin. Flynn critics counter that he lied to the FBI, and that a longtime military officer and national-security pro who ran the Defense Intelligence Agency is well aware that it is a crime to lie to the FBI, case closed.

Anti-Semitic Nation of Islam Receives Federal Funds To Proselytize to Federal Inmates By Debra Heine

https://pjmedia.com/trending/anti-semitic-nation-of-islam-receives-federal-funds-to-proselytize-to-federal-inmates/

Louis Farrakhan’s Nation of Islam has received hundreds of thousands of dollars from the U.S. government “to teach religious study programs for federal prison inmates,” the Washington Examiner reported in an exclusive Wednesday. Since 2008, the U.S. Bureau of Prisons and Department of Justice leaders have given at least $350,000 to Farrakhan’s black nationalist group according to records obtained by the Examiner.

The Anti-Defamation League calls Farrakhan “the lead­ing anti-Semite in Amer­ica,” who for 30 years “has espoused and promoted anti-Semitism and racism” and “has repeatedly alleged that the Jewish people were responsible for the slave trade, as well as the 9/11 attacks.”

The black nationalist preaches that white people are “blue-eyed devils” and Jews are “the synagogue of Satan,” and once even called Adolf Hitler “a very great man” who “raised Germany up from nothing.”

Farrakhan has long preached to his followers that “a mother wheel” hovers over the Earth — “a heavily armed” spaceship of death that will “rain destruction upon white America, but save those who embrace the Nation of Islam.”

“White folks are going down. And Satan is going down. And Farrakhan, by God’s grace, has pulled the cover off of that Satanic Jew and I’m here to say your time is up, your world is through,” said Farrakhan during a “Savior’s Day” address in February of this year. More recently, Farrakhan traveled to Iran where he called America the “great Satan” and led “death to America” chants.

Ironically, Farrakhan has instructed his followers to not accept money from the U.S. government. Said Farrakhan in a Dec. 14, 2013 statement: “If they offer you anything, look carefully into it, lest the Nation will no longer be tied to the principles that the Hon. Elijah Muhammad desired for us: to make us an independent nation on some of this Earth that we can call our own.”

Despite the group’s stated beliefs and intentions, Nation of Islam leaders “have received at least $364,500 in contracts and awards from the U.S. Bureau of Prisons and the Department of Justice between fiscal 2008 and fiscal 2019,” according to the report:

The funding was designed to provide “Nation of Islam religious services,” “Nation of Islam spiritual guide services,” “Nation of Islam study services,” and other related programming led by the organization’s leaders, according to Bureau of Prison records. The Nation of Islam has been labeled a hate group by the Anti-Defamation League and the Southern Poverty Law Center. CONTINUE AT SITE

Democrat-Appointed Judge Lambastes Flynn The Washington swamp’s revenge ensues. Matthew Vadum

https://www.frontpagemag.com/fpm/272289/democrat-appointed-judge-lambastes-flynn-matthew-vadum

A Democrat-appointed federal judge lashed out at former National Security Advisor Michael T. Flynn Tuesday, suggesting the defendant was guilty of treason as he postponed the scheduled sentencing for three months.

Meanwhile, The Hill newspaper reports, the judge’s tirade came after two of Flynn’s Turkish associates were indicted:

The Department of Justice indicted Flynn’s two Turkish lobbying business associates on Monday for conspiracy and acting as foreign agents. The indictment spells out in sharp detail how Flynn was paid thousands of dollars to allegedly lobby for the Turkish government through a conduit while he was working for Trump.

Although federal prosecutors say Flynn committed ethical lapses they have long maintained they could not make a successful treason case against Flynn, but grandstanding Judge Emmet G. Sullivan, appointed in 1994 by President Clinton, suggested without evidence that they could have done so.

At a federal courthouse in the nation’s capital Dec. 18 Sullivan pressed prosecutors, asking if what Flynn did rose “to the level of treasonous activity” or if he could be prosecuted under the archaic Logan Act which forbids unauthorized U.S. persons from negotiating with foreign countries. Prosecutors present in the courtroom refused to answer. No one has ever been successfully prosecuted under the Logan Act, which was enacted in 1799.

Flynn has pled guilty to lying to the FBI about conversations he had with the then- Russian ambassador to the U.S. Sergey Kislyak during the transition period following the 2016 election and regarding the lobbying he conducted on behalf of Turkey while he worked on the Trump campaign and on the transition.

“I’m not hiding my disgust, my disdain for your criminal offense,” Sullivan told Flynn. “Arguably, you sold your country out. … In the White House! In the West Wing!”

“You were an unregistered agent of a foreign country while serving as the national security advisor to the president of the United States,” the judge said during his outburst.

Senate Passes Bipartisan Criminal-Justice-Reform Bill By Jack Crowe see note please

https://www.nationalreview.com/news/senate-passes-bipartisan-criminal-justice-reform-bill/

It is a first tiny step but real reform must include bail reform- persons awaiting trial fill national jails because they cannot afford bail, and second…a good reform bill must address the problem of jailing mentally ill persons instead of providing supervised shelter elsewhere….rsk

The Senate on Tuesday passed the most significant criminal-justice-reform package in recent decades by an overwhelming and bipartisan margin.

The FIRST STEP Act, which passed the Senate 87-12, aims to reduce mass incarceration and high recidivism rates by expanding the pool of inmates eligible to participate in early-release programs and increasing judicial discretion with respect to sentencing.

Members of the House on both sides of the aisle have vowed to pass the legislative package this week and President Trump has publicly endorsed and pledged to sign it.

The legislation received endorsements from a wide array of political advocacy groups including the American Civil Liberties Union, the Koch brothers’ Right on Crime, and lawmakers from across the political spectrum.

Despite benefitting from broad bipartisan support, the legislation brought the intra-Republican divide over criminal justice into sharp relief, as hardliners led by senator Tom Cotton (Ark.) accused their fellow Republicans of jeopardizing the public safety by reducing the sentences of violent criminals and major drug traffickers.

Cotton and senator John Kennedy (R., La.) proposed a series of amendments to the bill that reduced the population of inmates eligible for early release, among other amendments, all of which were voted down by a narrow margin Tuesday night.

The Flynn Fiasco A sentencing hearing devolves into a spectacle of misinformation.

https://www.wsj.com/articles/the-flynn-fiasco-11545182606

Well, that was bizarre. We’re referring to the fiasco Tuesday of what was supposed to be the sentencing of Michael Flynn. The sentencing was postponed until next year, but not before federal Judge Emmet Sullivan damaged his own reputation with an extraordinary public attack on the former national security adviser for a crime he’s not been charged with or admitted to.

Mr. Flynn pleaded guilty a year ago to a single count of lying to the FBI. Yet after being assured that the former three-star general is sticking with his plea, Judge Sullivan unloaded on the defendant over his supposed violation of the Foreign Agents Registration Act, or FARA.

“All along, you were an unregistered agent of a foreign country while serving as the National Security Adviser to the President of the United States. That undermines everything this flag over here stands for. Arguably you sold your country out,” said the judge. He also used the words “treason” and “treasonous.”

But Mr. Mueller has never charged Mr. Flynn with violating FARA, though the former general did represent the government of Turkey before he joined the Trump Administration. A judge isn’t supposed to lose his cool on the bench and berate a defendant for crimes that haven’t been adjudicated in court, much less spread false information.

Who Wants To Be A Millionaire On Mayor Bill De Blasio’s New York City Workforce? Adam Andrzejewski

https://www.forbes.com/sites/adamandrzejewski/2018/12/18/who-wants-to-be-a-millionaire-on-mayor-bill-de-blasios-new-york-city-workforce/#38472f3b6a99

How to make $1 million? Spend five years or less on the NYC public employee payroll.

There are 1,400 NYC public employees on pace to clear $1 million in total income over the next five years.

The newest members of the New York City millionaire class aren’t television stars, coaches, quarterbacks, tech entrepreneurs, or even Wall Street financiers. The newest millionaires are blue-collar city employees such as mechanics, plumbers, welders, engineers, oilers, prison and fire captains, tractor operators, and more.

Our auditors at OpenTheBooks.com analyzed city payroll data for fiscal year 2017, and found 83,400 employees bringing home $100,000+ incomes. That’s a 10-percent increase from fiscal year 2016.

Search the entire 2017 NYC payroll, click here.

Despite his promise to reform to pay and perquisites, Mayor Bill De Blasio showered the city workforce with billions of dollars in overtime and extra pay. Last year alone, this amounted to $3.2 billion.

Compensation in NYC is more than huge salaries. Last year, 162,000 city workers reaped $2 billion on 34 million hours of overtime. In addition, the city doled out $1.2 billion in extra pay, a category of compensation that includes bonuses, lump sums, allowances, retroactive pay increases, settlement amounts, differentials, and more. Read the mayor’s office’s comment on city overtime, click here.

It’s a citywide problem. We found carpenters nailing down $192,711; plasterers amassing $184,521; and city painters canvasing $168,804. A thermostat repairer can heat his bank account with $213,904.

WHO IS MICHELLE OBAMA?READ HER THESIS AND SHE’LL TELL YOU BY DAVID GOLDMAN

https://pjmedia.com/spengler/who-is-michelle-obama-read-her-princeton-thesis-and-shell-tell-you/

Michelle Obama raged against the risk of her “integration and/or assimilation into a White cultural and social structure” in her Princeton University thesis. I reviewed this document, remarkable for its rancor as well as for its orthographical dysfunction, during her husband’s first presidential campaign ten years ago. Now that Mrs. Obama has emerged as a prospective candidate for the 2020 presidential election, her radical rant is worth another look.

Below is my 2008 Asia Times essay.

Sing, O Muse, the Wrath of Michelle By Spengler

The wrath of swift-footed Achilles, of which Homer called his muse to sing, nearly lost the Trojan War for the Greeks. The wrath of swift-tongued Michelle Obama well might lose the White House for her husband. We had a peek into her diary last week when the Obama campaign finally made public her undergraduate thesis, titled “Princeton-Educated Blacks and the Black Community.” The contents of this remarkable document sharpen the profile of Obama’s women that I offered last week (“Obama’s women reveal his secret” Asia Times Online, February 26.)

Barack Obama, I argued, evinces a preternatural sangfroid, for he is in America but not of it, a Third World anthropologist profiling Americans. But his wife’s anger at America will out, for it is a profound rage amplified by guilt.

Mrs Obama averred that she could not recall the contents of the thesis she composed in 1985, but that cannot be quite true, for it is a poignant cry from the heart. It explains her controversial outburst during the campaign to the effect that she felt proud of her country for the first time in her adult life in 2008, after “feeling so alone” in her “frustration” and “disappointment” at America.

Princeton both humiliated her and corrupted her, Michelle Vaughn Robinson complains in an undergraduate prose that is all the more touching for its clumsiness. By condescending to the young black woman from a Chicago working-class family, the liberal university made Michelle feel like an outsider. Worse, by giving her a ticket to financial success, Princeton caused her to feel that she was selling out to the institutions she most despised.

Michael Flynn Is Owed an Apology One year after he pleaded guilty to lying to the FBI, there is still no evidence that he is a traitor. By Eli Lake

https://www.bloomberg.com/opinion/articles/2018-12-18/michael-flynn-sentencing-washington-owes-him-an-apology

Remember when Michael Flynn was a traitor? It was early 2017. Democrats were still stinging from their defeat at the hands of Donald Trump. Every day, it seemed, brought news of another contact between Trumpworld and Russia.

Flynn, a retired three-star general, was forced to resign after serving less than a month as Trump’s national security adviser. He was said to have colluded with Russians during the presidential transition. For this he was defamed as a Russian agent and mocked as a bumbling Benedict Arnold. Former officials of Barack Obama’s administration hinted that Flynn had been compromised.

As it turns out, none of this was true. On Tuesday Flynn will receive a sentence for the one count to which he has pleaded guilty, lying to the FBI. Special Counsel Robert Mueller has recommended no jail time. Flynn will have a chance to get on with his life.