Trump Can Reverse Obama’s Last-Minute Land Grab The White House is trying to lock up millions of acres, but no president can bind his successor. By Todd Gaziano and John Yoo

As he prepares to leave office in three weeks, President Obama is still trying to shape his legacy. On Dec. 20 the White House announced the withdrawal of millions of acres of Atlantic and Arctic territory from petroleum development. This week Mr. Obama proclaimed 1.35 million acres in Utah and 300,000 acres in Nevada to be new national monuments. But all the soon-to-be ex-president will prove is the fleeting nature of executive power.

These actions, like many others he has taken, are vulnerable to reversal by President-elect Trump. In our constitutional system, no policy can long endure without the cooperation of both the executive and legislative branches. Under Article I of the Constitution, only Congress can enact domestic statutes with any degree of permanence. And because of the Constitution’s separation of powers, no policy will survive for long without securing and retaining a consensus beyond a simple majority.

As president, Mr. Trump can easily reverse the most unwarranted and costly regulations issued in the last few months. Under the Congressional Review Act (CRA), a simple majority of each house may expeditiously disapprove such regulations, so long as the president signs the bill. A CRA disapproval would have the added virtue of automatically prohibiting any future, “substantially similar” rule without congressional action.

Mr. Trump can clear the way for Congress by halting all current rule-makings and ordering agencies to stop enforcing rules enacted in the last two years (or longer). After their defense of the administration’s refusal to enforce the immigration laws, liberals would have no legitimate grounds to oppose Mr. Trump’s temporary enforcement halt.

Mr. Obama’s unilateral actions, by executive order, proclamation or memoranda, are even more vulnerable. The courts have declared some void, including the immigration deportation orders. Mr. Trump can simply order the Justice Department to acquiesce in those decisions and save the public the trouble of litigating others. Mr. Obama taunted his political adversaries that if he didn’t get what he wanted from Congress, he would use his “pen” and “phone.” Those tools also work in reverse. CONTINUE AT SITE

The FDA’s Rigged Drug Committees A case study in how the agency gets the advice it wants to hear.

Among the Republican priorities in 2017 should be dismantling a culture of bureaucratic control at the Food and Drug Administration that poisons innovation and costs lives. Here’s an idea: Update part of the approval process that was patient zero for distorting data on a drug for Duchenne muscular dystrophy.

We’ve reported on the drama over eteplirsen, which FDA approved in September and is now marketed as Exondys 51 by Sarepta Therapeutics. Midlevel bureaucrats have since disparaged the therapy in public, and some insurers are denying coverage. Much of the confusion results from an April show trial known as an advisory committee meeting. A process that is supposed to provide independent advice to the FDA instead became a venue to mislead a panel of nonexperts—and the public—about the drug’s efficacy.

Advisory committees exist so FDA can solicit expert counsel, but the agency stacks panels with allies whose career currency is prestige and government funding. Such committees usually vote the way FDA wants—and then the agency tends to follow the recommendation. On eteplirsen, the panel voted 6-7 against accelerated approval after a critical FDA review, which was later overruled by agency management in a rare exception amid unusual public scrutiny.

The 13-member committee that checked out eteplirsen included: a psychiatrist, a stroke doctor and several others with no experience in Duchenne. The agency seldom invites true experts because anyone who has ever talked to a drug company is deemed financially conflicted. In rare diseases like Duchenne, that problem is more pronounced because the pool of experts can be so limited.

Yet meet Caleb Alexander, chairman of the committee. Dr. Alexander invited speakers at the meeting to state organizations they represent. He read this statement at least a dozen times but neglected to mention his own conflict of interest: Dr. Alexander has received a large FDA grant, information that is available online. The conceit is that folks like Dr. Alexander are less motivated by pecuniary interests than someone who has consulted for a company. Dr. Alexander voted against approval.

PAT CONDELL: A WORD TO THE CRIMINAL MIGRANT MUST SEE VIDEO

HIS SAY VICTOR SHARPE ON ISRAEL

The vile Resolution in the United Nations did not take place in a vacuum. Over the years Victor Sharpe has been making the case for Israel, exposing libel and ignorance .

Here are some of his excellent columns:

Intolerance

Victor Sharpe: Western European nations are now submerged in an ever growing, Sharia compliant, Islamic monster that is within the gates. In a generation or two, France, Belgium, Spain, Germany, Holland, the Scandinavian countries and Britain may no longer retain a Judeo-Christian culture or civilization except in small pockets; always besieged by a Muslim majority they so foolishly allowed to grow and strengthen within their borders. (ED: Victor’s excellent analysis is probably the best article you will read this week – or this year. Take a few minutes to read and digest this.)
Canada Free Press

Sovereignty now, or never
Victor Sharpe: For 47 long years since the liberation of biblical Jewish Judea and Samaria from illegal Jordanian occupation – territory the world grotesquely prefers to call the “West Bank” – the beloved Jewish heartland has remained in a political limbo and not been fully or even partially annexed. Israel’s foolish failure to take sovereign control of its own historical, physical and spiritual heartland has allowed a hostile world to thus assume that Israel itself does not believe it has legal sovereignty in the territory.
Arutz Sheva

INTERMISSION HAPPY NEW YEAR TO ALL

I WILL BE AWAY UNTIL MONDAY JANUARY 2, 2017

Kerry to Israel: A State Cannot Be Both Jewish and Democratic Our secretary of state might want to review the constitutions of Iraq and Afghanistan before lecturing Israel. By Andrew C. McCarthy

Our ineffable secretary of state, John Kerry, delivered another parting shot at Israel today, offering the Obama administration’s “vision” for a two-state solution for Israel and Palestine. There are many things to be said about it — not least that Kerry’s speech, like last week’s venomous, Obama-orchestrated United Nations resolution on which it builds, is something “pro-Israel” Democrats make sure to do after Election Day.

For now, I just want to highlight one gem (noted by Michael Warren at The Weekly Standard).

Kerry did not mention that Jordan was never subjected to international pressure to grant the Palestinians their own state during the 19 years that Jordan occupied Judea, Samaria, and East Jerusalem; nor did he acknowledge that the Palestinians would long ago have had their own state if they had recognized Israel’s right to exist and abandoned jihadist terror. Leaving all that aside, Kerry accused the Israeli government of undermining any hope of a two-state solution. In this context of claiming that Israeli policy was “leading toward one state, or perpetual occupation,” Kerry admonished: “If the choice is one state, Israel can either be Jewish or democratic. It cannot be both.”

Presumably, Kerry was referring to the fact that Israel has a significant Arab-Muslim population. He conveniently did not mention, since it must never be mentioned, the vow of Mahmoud Abbas (the Palestinian leader Kerry sees as Israel’s “peace partner”) that, “In a final resolution, we would not see the presence of a single Israeli — soldier or civilian — on our lands.”

Implicitly, of course, if Kerry is saying that a country with a Muslim minority cannot maintain its Jewish character and still abide by democratic principles, then neither can the United States maintain its Judeo-Christian character and still abide by democratic principles — notwithstanding that our Judeo-Christian character is the basis for our belief in the equal dignity of all men and women, a foundational democratic principle. It is a principle one does not find in classical Islam, the law of which explicitly elevates Muslims over non-Muslims and men over women.

I thought it might be interesting, then, to review the Constitution of Afghanistan, which the State Department had a major role in drafting. Here are Articles One through Three:

Article One: Afghanistan shall be an Islamic Republic, independent, unitary and indivisible state.

Article Two: The sacred religion of Islam is the religion of the Islamic Republic of Afghanistan. Followers of other faiths shall be free within the bounds of law in the exercise and performance of their religious rituals.

Article Three: No law shall contravene the tenets and provisions of the holy religion of Islam in Afghanistan.

Then there’s Article Six:

The state shall be obligated to create a prosperous and progressive society based on social justice, preservation of human dignity, protection of human rights, realization of democracy, attainment of national unity as well as equality between all peoples and tribes and balance development of all areas of the country. [Emphasis added.]

A “progressive society based on social justice” that is both Islamic and democratic? According to the State Department, no problem.

The Resilience of Israel Despite the mess around it, Israel is in its best geostrategic position in decades. By Victor Davis Hanson

Israel would seem to be in a disastrous position, given the inevitable nuclear capabilities of Iran and the recent deterioration of its relationship with the United States, its former patron and continued financial benefactor.

Immediately upon entering office, President Obama hectored Israel on so-called settlements. Obama promised to put “daylight” between the U.S. and Israel — and delivered on that promise.

Last week, the U.S. declined to veto, and therefore allowed to pass, a United Nations resolution that, among other things, isolates Israel internationally and condemns the construction of housing in East Jerusalem and the West Bank.

Obama has long been at odds with Israeli prime minister Benjamin Netanyahu. Over objections from the Obama administration, Netanyahu addressed a joint session of Congress last year about the existential dangers of the Obama-brokered Iran deal and the likelihood of a new Middle East nuclear-proliferation race.

Obama then doubled down on his irritation with Netanyahu through petty slights, such as making him wait during White House visits. In 2014, an official in the Obama administration anonymously said Netanyahu, a combat veteran, was a “coward” on Iran.

At a G-20 summit in Cannes, France, in 2011, Obama, in a hot-mic slip, trashed Netanyahu. He whined to French president Nicolas Sarkozy: “You’re tired of him? What about me? I have to deal with him every day.”

In contrast, Obama bragged about his “special” relationship with autocratic Turkish president Recep Tayyip Erdogan. Never mind that Erdogan seems to want to reconstruct Turkey as a modern Islamist version of the Ottoman Empire, or that he is anti-democratic while Israel is a consensual society of laws.

The Middle East surrounding democratic Israel is a nightmare. Half a million have died amid the moonscape ruins of Syria. A once-stable Iraq was overrun by the Islamic State.

The Arab Spring, U.S. support for the Muslim Brotherhood in Egypt, the coup of General Abdel Fattah el-Sisi to regain control of Egypt, and the bombing of Libya all have left North Africa in turmoil.

Iran has been empowered by the U.S.-brokered deal and will still become nuclear.

Russian president Vladimir Putin’s bombers blast civilians not far from Israel’s borders.

Democrats are considering Representative Keith Ellison as the next chairman of the Democratic National Committee despite his past ties to the Nation of Islam and his history of anti-Israel remarks.

Yet in all this mess, somehow Israel is in its best geostrategic position in decades. How?

The answer is a combination of unintended consequences, deft diplomacy, political upheavals in Europe and the United States, and Israel’s own democratic traditions.

Huge natural gas and oil finds off Israel’s Mediterranean coast and in the Golan Heights have radically changed Israel’s energy and financial positions. Israel no longer needs to import costly fossil fuels and may soon be an exporter of gas and oil to needy customers in Europe and the Middle East. (America recently became the world’s greatest producer of carbon energy and also no longer is dependent on Middle Eastern oil imports, resulting in less political influence by Arab nations.) Israel is creating its own version of Silicon Valley at Beersheba, which is now a global hub of cybersecurity research.

The Obama administration’s estrangement from Israel has had the odd effect of empowering Israel.

Rich Persian Gulf states see Obama as hostile both to Israel and to themselves, while he appeases the common enemy of majority-Shiite Iran.

Israel should leave the UN By G. Feygin see note please

I could not agree more. In fact I suggested it in the December Outpost and on Ruthfully yours…..http://www.ruthfullyyours.com/2016/11/29/my-say-leave-the-un/

Who is to blame for the recent debacle in the U.N.? We shall not rehash details of Obama’s and Kerry’s ambush, nor of perfidious Albion’s tradition of genteel anti-Semitism. Nor shall we discuss the peculiar case of one of the resolution’s principal sponsors: New Zealand. How much are the indigenous Maoris enjoying their “legal occupation”? En passant, we will point out the absurdity of the Jewish prime minister of Ukraine ordering his ambassador to vote in favor of a resolution condemning Jewish possession of the Wailing Wall.

Instead, I blame Benjamin Netanyahu and every single one of his predecessors in the prime minister’s office. There have been more than enough blood libels perpetrated upon Jewish state, from the infamous “Zionism is Racism” resolution in the 1970s to the recent outrages at the UNESCO, at the U.N. Human Rights Council, etc. to justify suspension, if not outright withdrawal, of Israel from the U.N. membership.

Advantages of such an action are numerous.

Israel would no longer be subject to Security Council resolutions: no one would be able to accuse Israel of being in non-compliance with Resolution X and General Assembly condemnation Y.

All U.N. personnel would be deprived of diplomatic status in Israel and could be summarily removed. This would be particularly gratifying in the case of UNRWA, which has been caught in activities supporting terror on numerous occasions. Nor would a U.N. diplomatic passport serve as an enabling mechanism to interfere with security activities of Israeli police and the IDF.

The leftists would scream about Israel cutting itself off from the “community of nations.” To this our reply should be simply: “‘Community of nations’ is a Newspeak phrase to describe four wolves and a sheep voting on who is to be dinner, and we are tired of being a sheep.”

It is time for Israel to get rid of the self-imposed burden of U.N. membership. It should have been done 40 years ago, but better late than never.

Daryl McCann :The Tsar and the Sultan

Two demagogues have inserted their countries into a monstrous civilisational war between millennialist Shia fundamentalists and apocalyptic Sunni fundamentalists. There were always going to be consequences for such folly – the assassination of Ambassador Karlov is but one.

All of this was clarified yet again with the slaying of Andrey Karlov, Russia’s ambassador to Turkey, by Mevlut Mert Altintas, a twenty-two-year-old policeman. To begin with all we knew – and almost all we needed to know – was that (a) Altintas served in security details protecting none other President Recep Tayyip Erdoğan in recent months and (b) the assailant, after dispatching Karlov, repeatedly shouted “Don’t forget Aleppo! Don’t forget Syria! Don’t forget Aleppo! Don’t forget Syria!”

Much of what Putin and Erdoğan say about the public murder of a prime symbol of Russian intervention on the side of Damascus-Iran-Hezbollah in Syria is likely to be propaganda. Turkey’s Ministry of Truth, for instance, was quick off the mark to insist American-based Muslim cleric Fethullah Gulen had a role in Karlov’s death. Altintas, according to this conspiracy theory, was a member of FETÖ, the term invented by Ankara to demonise the Gulen movement as a shadowy, underground terrorist entity determined to subvert the Turkish Republic. Under the headline “Great Sabotage”, the pro-government Yeni Safak newspaper explained it this way: “The pro-FETÖ assassins of the CIA have been mobilised.”

So far, at least, Russia’s version of the Ministry of Truth has been more circumspect about blaming Western intelligence agencies, and yet a smattering of Putin’s allies in the Duma made some like-minded rumblings. Frantz Klintsevich, a significant figure in the Russian parliament, speculated on the “highly likely” possibility that “foreign NATO secret services” were behind the assassination. Vladimir Zhirinovsky, another ally of Putin’s in the Duma, spoke of a “false flag operation by the West.”

The grain of truth in such dissembling is that Mevlut Mert Altintas took the action he did to protest the nascent rapprochement between Putin’s Russia and Erdoğan’s Turkey. That said, Altintas seems an unlikely agent of FETÖ or the CIA. The dramatic footage of him murdering Karlov and then denouncing the fall of eastern Aleppo makes that abundantly clear: “Only death will remove me from here. Everyone who has taken part in the oppression will one by one pay for it one by one.” A spokesman for Jabhat Fatah al-Sham (formerly Jabhat al-Nusra) later confirmed Altintas’ Salafi-jihadist sympathies. The slaying of Andrey Karlov, in other words, was retribution for Russia’s part in the Shia alliance’s recent victory in Aleppo.

The assassination of Ambassador Karlov suggests that major fault lines divide the Russian Federation and the Republic of Turkey; even if Tsar Vladimir and Sultan Erdoğan themselves would prefer an alliance between their two countries rather than enmity. Back in December 2014, for instance, Ishaan Tharoor, in an article titled “How Russia’s Putin and Turkey’s Erdoğan are made for each other”, captured the friendliness “between two of the most outspoken and demagogic statesmen on the planet” at the time of President Putin’s last visit to Ankara. President Erdoğan provided a welcome “with fitting pageantry: an escort of liveried cavalrymen on horseback, a full military salute and a series of discussions in the cavernous halls of Erdoğan’s vast, new presidential palace.”

Both leaders, Ishaan Tharoor contended, were “kindred spirits”. They were the opposite of “bleeding heart liberals” and pursued reactionary social agendas in their separate domains: Putin, the ardent nationalist and devotee of the Russian Orthodox Church, wary of gender equality and an enactor of legislation hostile to gays; and Erdoğan, the Muslim Brotherhood-style Islamist determined to roll back Turkey’s Kemalist legacy. Erdoğan and Putin were both despots who “squelched” any internal obstruction to their “creeping authoritarianism” and were united by a distrust of the West.

The War on Israel Never Ends Settlements aren’t the issue. Many of the Jewish state’s enemies don’t even believe in its right to exist. By Douglas J. Feith

Last week’s United Nations Security Council resolution on Israel is a weapon of war pretending to be a plea for peace. Israel’s enemies say it has no right to exist. They claim the whole state was built on Arab land and it’s an injustice for Jews to exercise sovereignty there. Palestinians still widely promote this untruth in their official television and newspapers, whether from the PLO-controlled West Bank or Hamas-controlled Gaza. That is the unmistakable subtext of Friday’s U.N. Resolution 2334, despite the lip service paid to peace and the “two-state solution.”

The resolution describes Israel’s West Bank towns and East Jerusalem neighborhoods as settlements that are a “major obstacle” to peace. But there was a life-or-death Arab-Israeli conflict before those areas were built, and before Israel acquired the West Bank in the 1967 war.

Arab opposition to Israel’s existence predated—indeed caused—that war. It even predated Israel’s birth in 1948, which is why the 1948-49 war occurred. Before World War I, when Britain ended the Turks’ 400-year ownership of Palestine, Arab anti-Zionists denied the right of Jews to a state anywhere in Palestine.

Officials of Egypt (in 1979) and Jordan (in 1994) signed peace treaties with Israel, but anti-Zionist hostility remains strong. The Palestinian Authority signed the Oslo Accords in 1993 but continues to exhort its children in summer camps and schools to liberate all of Palestine through violence.

Arab efforts to damage Israel have been persistent and various, including conventional war, boycotts, diplomatic isolation, terrorism, lower-intensity violence such as rock-throwing, and missile and rocket attacks. Israel’s defensive successes, however, have constrained Palestinian leaders to rely now chiefly on ideological war to de-legitimate the Jewish State.

Highlighting the “occupied territories”—in U.N. resolutions, for example—implies moderation. It suggests an interest only in the lands Israel won in 1967. But the relatively “moderate” Palestinian Authority, in its official daily newspaper, Al-Hayat Al-Jadida, continually refers to Israeli cities as “occupied Haifa” or “occupied Jaffa,” for example. In other words, even pre-1967 Israel is “occupied territory” and all Israeli towns are “settlements.”

When David Ben-Gurion declared Israel’s independence in 1948, he invoked the “historical connection of the Jewish people with Palestine,” as recognized in the Palestine Mandate approved in 1922 by the League of Nations. That connection applied to what’s now called the West Bank as it did to the rest of Palestine. Because no nation has exercised generally recognized sovereignty over the West Bank since the Turkish era, the mandate supports the legality of Jewish settlement there. That’s why attacking the settlements’ legality—as opposed to questioning whether they’re prudent—is so insidious. Arguing that it is illegal for Jews to live in the West Bank is tantamount to rejecting Israel’s right to have come into existence.

Friday’s U.N. resolution is full of illogic and anti-Israel hostility. It says disputed issues should be “agreed by the parties through negotiations.” Among the key open issues is who should control the West Bank and East Jerusalem. Yet the resolution calls these areas “Palestinian territory.” So much for negotiations.