Category Archives: Law

Lois Lerner

The Congressional committee is requesting that the new Attorney General do the job that the previous ones wouldn’t:

…the Committee found that Ms. Lerner used her position to improperly influence IRS action against conservative organizations, denying these groups due process and equal protection rights under the law. The Committee also found she impeded official investigations by providing misleading statements in response to questions from the Treasury Inspector General for Tax Administration. Finally, Lerner risked exposing, and may actually have disclosed, confidential taxpayer information, in apparent violation of Internal Revenue Code section 6103 by using her personal email to conduct official business.

As you know, your predecessor brought no charges against Ms. Lerner or any other IRS employees involved in the improper targeting of organizations applying for tax-exempt status.

Disturbingly, in February 2014, while the investigation by the Department of Justice (DOJ) was ongoing, President Obama stated there was “not a smidgeon of corruption” at the IRS, preempting a fair investigation in which he had political equities. It is clear that when the DOJ announced in October 2015 that it would not bring charges against Lois Lerner, the agency was following President Obama’s signal on how he wanted the investigation to be handled.

Taxpayers deserve to know that the DOJ’s previous evaluation was not tainted by politics. Again, I respectfully request that the Department of Justice to take a fresh look at the evidence presented in the attached referral in order to assure the American people that DOJ’s prior investigation was handled fairly and to restore taxpayers’ trust in the IRS.

There has to be accountability for this corruption and tyrannical lawlessness.

Susan Rice

Here are the questions that she needs to answer under oath.

If Nunes is telling the truth—and despite a widespread effort to make him look like a liar, he’s been right so far—then this incidental collection had nothing to do with Russian collusion charges. Why has the media shown such little curiosity about the subject matter of the collection?

Yes, reporters, we know that “unmasking” is legal. So is meeting with a Russian ambassador during a campaign. And no, it does not vindicate Trump’s tweet. Stressing the legality of the unmasking is a way to distract from the real questions: Did Rice abuse her power? Who did she share it with? Why? Did those people then leak the information for political purposes? That is illegal.

That will be pretty challenging for her, given that she seems to be as big a congenital liar as Hillary Clinton.

[Update a few minutes later]

Sorry, Democrats, the Obama-spying scandal isn’t going away.

Nope. Sessions recused himself from the Russia investigation. He didn’t recuse himself from this.

“The Nuclear Option”

The left brought it on itself by insisting on the politicization of judges. For a leftist, nothing can be outside politics, and political power takes precedence over the law. Fortunately, we may still have a chance to restore originalism, and the Constitution.

[Update early afternoon]

If judges want to make laws and bypass the legislature, let them be elected, not appointed for life.

The Erosion Of The Second Amendment

Why “liberals” should be concerned about it.

They’re not concerned about it because they’re not liberals — they’re leftists who are perfectly fine with the government having a monopoly on firearms (as long as they’re in charge of the government).

[Update a couple minutes later]

Nice to see that some commenters at Glenn’s site are making similar comments to mine. Stop calling leftists liberals.

The Obama Administration’s Abuse Of Foreign Intelligence

Did it start before Trump?

In a December 29, 2015 article, The Wall Street Journal described how the Obama administration had conducted surveillance on Israeli officials to understand how Prime Minister Benjamin Netanyahu and other Israeli officials, like Ambassador Ron Dermer, intended to fight the Iran Deal. The Journal reported that the targeting “also swept up the contents of some of their private conversations with U.S. lawmakers and American-Jewish groups.”

Despite this reporting, it seemed inconceivable at the time that—given myriad legal, ethical, political, and historical concerns, as well as strict National Security Agency protocols that protect the identity of American names caught in intercepts—the Obama White House would have actually spied on American citizens. In a December 31, 2016, Tablet article on the controversy, “Why the White House Wanted Congress to Think It Was Being Spied on By the NSA,” I argued that the Obama administration had merely used the appearance of spying on American lawmakers to corner opponents of the Iran Deal. Spying on U.S. citizens would be a clear abuse of the foreign-intelligence surveillance system. It would be a felony offense to leak the names of U.S. citizens to the press.

Increasingly, I believe that my conclusion in that piece was wrong. I believe the spying was real and that it was done not in an effort to keep the country safe from threats—but in order to help the White House fight their domestic political opponents.

It would be perfectly in character.

Russia?

No, “the pony in the manure is the corruption of our intelligence officials.”

It’s both appalling and amusing to watch the Democrat operatives with bylines in the media attempt to “cover” this story (as in, in the immortal words of Iowahawk, hold a pillow over it until it stops moving).

[Update a couple minutes later]

It’s worth reading the Victor Davis Hanson piece that Clarice cites. Sure, after all the lies about Benghazi and the deserter, I totally believe Susan Rice now. As noted, if Obama was Nixon, she’d be one of his “plumbers.”

[Update a couple minutes later]

Rice, Obama’s hatchet woman, proves Lord Acton right again.

[Update a while later]

Why is CNN trying to refute a story it refuses to cover?

[Update another while later]

Susan Rice’s unmasking: A Watergate-style scandal:

Understand: There would have been no intelligence need for Susan Rice to ask for identities to be unmasked. If there had been a real need to reveal the identities — an intelligence need based on American interests — the unmasking would have been done by the investigating agencies.

The national-security adviser is not an investigator. She is a White House staffer. The president’s staff is a consumer of intelligence, not a generator or collector of it.

If Susan Rice was unmasking Americans, it was not to fulfill an intelligence need based on American interests; it was to fulfill a political desire based on Democratic-party interests.

Oopsie. What did the president know, and when did he know it? Will Susan Rice wear orange to protect him?

[Update late morning]

More links and thoughts from Glenn Reynolds.

[Update early afternoon]

Susan Rice has no defense. Only one I can think of is “I was ordered by the president,” but that one doesn’t pass the Nuremberg test.

[Update a while later]

A Watergate-level scandal? Looks like it to me, particularly if they can find a link to Obama. Of course, the IRS scandal should have been as well. Obama did what Nixon could only dream of doing.

Who The People?

Thoughts on the duty of the courts to enforce the Constitution and the law, from Glenn Reynolds. It’s based on new book by Randy Barnett.

[Late-morning update]

Actually, Neil Gorsuch is for the little guy:

It’s hard to see what Hirono, Senate Democratic leader Charles Schumer and all the other Democrats are talking about when they say Gorsuch doesn’t stick up for the little guy. But if you look more closely at his cases and the Democrats’ charges, you realize what the Democrats mean.

First, in Yellowbear, Little Sisters, Makkar, Carloss and the burping case, Gorsuch was ruling against government overreach. In Kelo, he praised the ruling against the government. And there’s the issue. When Democrats talk about being for the little guy, they often mean being for government power. The two concepts are inseparable in the liberal mind-set.

And when they conflict, they go for the government power every time. That’s why they shouldn’t be called “liberals.”