Category Archives: Law

Merrick Garland

It’s too late for the administration to appeal to Constitutional norms:

the Obama administration, with its aggressive assertions of executive power, is in a poor position to appeal to constitutional norms. The administration showed a severe lack of respect for constitutional norms when, for example, contrary to decades of precedent that the Justice Department will defend any federal law with a plausible defense, it refused to defend the Defense of Marriage Act; when the administration forced Common Core standards on local education without anything resembling explicit congressional approval or even debate, based on an aggressive reading of vague existing law; when the administration unilaterally changed immigration policy via executive order, after Congress failed to pass legislation that would have accomplished similar ends; when the president has simply refused to enforce provisions of Obamacare that proved politically problematic; and, for that matter, when the president advocated for and signed perhaps the only major piece of American social legislation (Obamacare) that not only failed to win widespread bipartisan support, but also attracted not a single vote in either house of Congress from the other party. More generally, President Obama has repeatedly promised to try to circumvent Congress using any arguably legal means available, on the rather extra-constitutional grounds, contrary to the norms attendant to the separation of powers, that “we can’t wait” for Congress to pass legislation that the president favors.

Beyond that, it’s not as “moderate” a pick as some are claiming. For instance, he opposed Heller and the 2nd Amendment, and would have disarmed residents of DC.

[Update a few minutes later]

And now for something completely different: Wolf Blitzer actually calls out Debbie Wasserman Schultz for hypocrisy.


He is reportedly a “devastating witness” in the Hillary email case. Setting up a perjury trap for Hillary.

[Update in the afternoon]

The one email that may be the smoking gun that proves she violated the Espionage Act.

Beyond that, of course, she’s under investigation for public corruption. The FBI is putting together the entire chain, with Pagliano’s help, that will almost certainly show some quid pro quos with foreign governments in exchange for donations to the foundation.

[Sunday-afternoon update]

Oh, look another IT guy, at the State Department, who doesn’t want to talk.

I’m sure he has absolutely nothing to hide.



The risk he will not take:

…when I look at the data, it’s clear to me that if I entered the race, I could not win. I believe I could win a number of diverse states — but not enough to win the 270 Electoral College votes necessary to win the presidency.

In a three-way race, it’s unlikely any candidate would win a majority of electoral votes, and then the power to choose the president would be taken out of the hands of the American people and thrown to Congress. The fact is, even if I were to receive the most popular votes and the most electoral votes, victory would be highly unlikely, because most members of Congress would vote for their party’s nominee. Party loyalists in Congress — not the American people or the Electoral College — would determine the next president.

I’m always amused at the horror of some that a president might be selected exactly the way the Founders intended it.

Hillary, And The Law

She thinks laws are for the little people:

“While Clinton may have technical arguments for why she complied with each of these and the other rules that have been discussed in the news, the argument that Clinton complied with the letter and spirit of the law is unsustainable,” said Douglas Cox, a law professor at City University of New York who studies records preservation.

She deserves a long term in Club Fed, not a four-year term in the White House.

Hillary’s Latest Email Problems

John Schindler deconstructs the Gray Lady’s attempt to whitewash:

At the National Security Agency—where I used to work as a senior intelligence analyst, including as the technical director of NSA’s largest operational division—what outsiders call hacking is handled by a shadowy group called Tailored Access Operations that gets at the hard targets requiring actual cyber-break-ins. TAO are probably the best hackers on earth, but Russia and China are no slouches either, as demonstrated by their repeated infiltrations into protected U.S. Government computer networks in recent years.

However, unencrypted IT systems don’t need “hacking”—normal SIGINT interception will suffice. Ms. Clinton’s “private” email, which was wholly unencrypted for a time, was incredibly vulnerable to interception, since it was travelling unprotected on normal commercial networks, which is where SIGINT operators lurk, searching for nuggets of gold.

They hunt for data with search terms called “selectors”—a specific phone number, a chatroom handle, an email address: here Ms. Clinton’s use of the “” server was the SIGINT equivalent of waving a huge “I’m right here” flag at hostile intelligence services. Since the number of spy agencies worldwide capable of advanced SIGINT operations numbers in the many dozens, with Russia and China in the top five, that Ms. Clinton’s emails wound up in the wrong hands is a very safe bet, as any experienced spy will attest.

The amount of ignorance on this issue spouted by her defenders is both staggering and terrifying.