From Katie Pavlich:

Thanks to a Freedom of Information Act Lawsuit pursued against the Department of Justice by government watchdog Judicial Watch, the U.S. District Court for the District of Columbia has ruled documents being withheld from Congress under President Obama’s claim of executive privilege must be turned over. Obama made the claim on the same day Attorney General Eric Holder was voted in criminal and civil contempt of Congress in June 2012.

It’s been a very long road to this point, but now there’s an order to comply.

The documentation DOJ is required to now turn over is a “Vaughn index” of “all requested Fast and Furious materials from a June 2012 Judicial Watch FOIA request.”

A Vaughn index must: (1) identify each document withheld; (2) state the statutory exemption claimed; and (3) explain how disclosure would damage the interests protected by the claimed exemption.” In ordering the DOJ to provide Judicial Watch the Vaughn index, the Court ruled, “In this circuit, when an agency is withholding documents under exemption claims, courts require that the agency provide a Vaughn index so that the FOIA requester – at a distinct informational disadvantage – may test the agency’s claims.”

Of course, the problem is going to be that the documents will all be “lost”.  The DOJ will simply have gone through a dozen hard drive crashes and documents will never be returned or found and will all be “accidentally” destroyed somehow.

Lois Lerner

Lois Lerner’s probably already working over at DOJ.

The Obama DOJ has already shown it will murder people and arm narcoterrorist cartels.  The Obama administration has destroyed evidence over much less than an international conspiracy to murder.  Why would they follow a judge’s order?  And why would any incriminating documents still exist?  They’ve had years now to cover up their crimes and destroy evidence because those seeking the truth are limited to legal means, while the criminals in the White House and DOJ are totally free to commit crimes free of all repercussions.

But they’re still the most transparent administration ever.  Sort of like how Michael Moore is the world’s fittest man.

I guess the blacked-out stacks of pages DOJ sent to the House Oversight & Reform committee will be the closest we’ll probably see, but reminds us again of the thugs in the adminstration we’re dealing with:

That's not a print of Malevich's "Black Square".

DC Anti-Carry Law Overturned

Posted: July 28, 2014 by ShortTimer in Government, Guns, Second Amendment, Washington DC

From Alan Gura:

Justice never sleeps…. not even on a Saturday afternoon, when this opinion was just handed down.

In light of Heller, McDonald, and their progeny, there is no longer any basis on which this Court can conclude that the District of Columbia’s total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny.

Of course, it’s only until DC can make a new law that’s only slightly less onerous.  But there is this for now:

Furthermore, this injunction prohibits the District from completely banning the carrying of handguns in public for self-defense by otherwise qualified non-residents based solely on the fact that they are not residents of the District.

From Gura:

In 2012, I won Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012), which struck down Illinois’ total ban on the carrying of defensive handguns outside the home. With this decision in Palmer, the nation’s last explicit ban of the right to bear arms has bitten the dust. Obviously, the carrying of handguns for self-defense can be regulated. Exactly how is a topic of severe and serious debate, and courts should enforce constitutional limitations on such regulation should the government opt to regulate. But totally banning a right literally spelled out in the Bill of Rights isn’t going to fly.  My deepest thanks to the Second Amendment Foundation for making this victory possible and to my clients for hanging in there. Congratulations Americans, your capital is not a constitution-free zone.

Not sure I agree with Gura on the “obviously… can be regulated” part.  The Second Amendment is pretty clear that the right of the people to keep and bear arms shall not be infringed.

Also not sure I agree with the “obviously… can be regulated” because once DC comes up with some new unconstitutionally absurd laws (mag limit of one round, no carrying within 10 miles of a school zone, etc.), this will have to be revisited.  That’s also why I’m more of an absolutist on 2A – as passively allowing regulation of a right has gotten us to the point where people can’t exercise the right at all, and where using the natural right of self-defense often gets the very people the law should protect (the law-abiding, peaceable but self-defending citizen) into hassles with statists who resent the authority the individual retains to self-defense.

The fact that an outright ban on a constitutional right even existed for any period of time in the nation’s capitol is hideously offensive, and it’s incredibly hypocritical for the seat of federal government to have utterly shat on the Bill of Rights for decades.

-

But all that aside, Gura got it overturned, and it’s a very good step in the right direction.  Kudos to him and to the Second Amendment Foundation and all those other 2A groups that gave their support.

-

Update:

According to Emily Miller, who’s been on this story for years:

DC police chief Lanier, using guidance from AG — grants full reciprocity for all open and concealed carry from others states.

Again:

Per DC Police Chief Lanier, the only gun arrests allowed now are DC residents with unregistered guns and non-residents who are prohibited under federal laws from possessing firearms. Everyone else is in the clear.

We were told over and over again that Obamacare wasn’t a tax.  Then it passed SCOTUS and the weak-willed Roberts as a tax.  And now the IRS has gone ahead and included it on the 1040 as a tax.

From Americans for Tax Reform:

On Thursday the IRS released a slew of draft 2014 tax forms. The new draft Form 1040 shows a new surtax line has been created for the payment of the individual mandate surtax – see line 61 of the 1040:

IRS 1040 obamacare tax via americans for tax reformFamously, Chief Justice John Roberts pointed out that the individual mandate surtax is in fact a tax. However, that does not compel conservatives to agree that Obamacare’s individual mandate is Constitutional. The same decision declared the individual mandate unconstitutional under the Commerce Clause. Conservatives can accept that this surtax is a tax increase without accepting the constitutionality of the individual mandate.

The Obamacare individual mandate non-compliance surtax is one of at least seven Obamacare taxes that violate the President’s “firm pledge” not to raise any tax on any American making less than $250,000 per year. Thorough documentation of Obama’s promise can be found here.

A lot of people have already been hit by tax hikes and rate increases from Obamacare, as well as losing doctors they need.  And now more than thinking about it in just the theoretical, we can see that the IRS will be running it.

AJ Delgado over at NRO wrote a piece titled “Black Americans: The True Casualties of Amnesty”, and opens it up like this:

One of the sleeper issues surrounding the debate on amnesty for illegal immigrants – an inconvenient one that no proponent of a widespread amnesty wishes to acknowledge – is the devastating effect so-called immigration reform will have on African Americans.

The black unemployment rate is almost 11 percent, far higher than that of any other group profiled by labor statistics. African Americans are disproportionately employed in lower-skilled jobs – the very same jobs immigrants take. As Steven Camarota asked in a recent column, why double immigration when so many people already aren’t working?

The answer is pretty simple, really.  The Democrats want a new underclass of voters.

Black folks are increasingly wandering off the reservation when it comes to supporting Democrats.  Black Louisiana Senator Elbert Guillory changed party affiliation last year because he saw that the point of the left is control, and that the left’s promises are all betrayals and failures:

Black folks like Bernadette Lancelin may not have thought through and realized that “White House money” comes from taxpayers, but she knows that her community is being betrayed in favor of illegal aliens.

Black folks like Elaine from Baltimore want to know where they can get asylum:

US Civil Rights Commissioner Peter Kirsanow wrote the Congressional Black Caucus warning of the economic issues:

peter kirsanow

“The obvious question is whether there are sufficient jobs in the low-skilled labor market for both African-Americans and illegal immigrants,” Kirsanow wrote. “The answer is no.”

He referenced a 2008 commission hearing in which witnesses testified that illegal immigration “disproportionately impacts the wages and employment opportunities of African-American” males. Scholars noted that 40% of the 18-point decline in the black employment rate from 1960 to 2000 was due to immigration. He noted that illegal immigrants and blacks “often find themselves in competition for the same jobs.”

He pointed out a host of factors (many influenced or caused by progressive policies) that lead to large numbers of black Americans competing for the same jobs that no-skill/low-skill illegal aliens do.  What I didn’t see him mention is that the illegal alien can operate under the table and save their employer compliance costs for things like minimum wages, workman’s comp or social security – thus an employer can pay an illegal in cash, saving the employer resources, and allowing the illegal alien to unfairly compete in yet another way with American citizens.  And as noted, a large percentage of those poor Americans who are forced out of yet another job are black.

Democrats still have a huge number of black folks voting for them as a block, and they expect it to stay the same.  But the Democrats want new guaranteed voters and cheap labor (and many amoral Republicans want cheap labor, too).  A huge influx of teenagers moved around the country to strategic districts who will be voting Democrat not just next election but in every subsequent election – and they will be voting – that’s why Democrats oppose voter ID laws – that demographic change is how Democrats expect to dominate the nation in one party rule forever (flipping Texas is their most public focus).

Not sure if they’ll declare a thousand-year-reich or a people’s collective immediately afterwards.  Could go either way.

 

From the LA Times:

A U.S. Border Patrol agent can be sued for firing across the border and killing a 15-year-old Mexican boy, a federal appeals court ruled Monday, a decision with potentially broad consequences for the highly charged issue of law enforcement’s use of deadly force along the border.

The decision by a three-judge panel in New Orleans said the allegations in the 2010 shooting of Sergio Adrian Hernandez Guereca, if proven in court, would amount to “an official abuse of power so arbitrary as to shock the conscience.” Because of that, the case can go forward, the judges ruled.

That “15 year old boy” was someone in the employ of a cartel.  Cartels use teenagers because if they get caught, the American judicial system still thinks it’s 1950 and sends them right back because “children are special” or some such mush-brained feel-good nonsense.  This allows cartels to have very effective scouts who can deliver information on operations almost immediately.  They’re treated with kid gloves by the fedgov and they take every advantage of it.  The law treats them as misguided waifs, rather than career criminals – and thus provides criminal organizations with operatives who are immune to the law.

What the story buries is that the “boy” was throwing stones at the agent while the agent was handcuffing another smuggler.  The “boy” was high in a drainage ditch with an angle to exploit plunging fire while the agent was fighting with another alien he was apprehending.

Lawyers in the case say it’s the first time that an appeals court has extended the protections of the U.S. Constitution to a noncitizen on the Mexican side of the U.S. border.

“It’s a huge human rights victory,” said attorney Robert Hilliard, who represents the boy’s family. “It gives you a voice inside a U.S. courtroom. They have to focus on, ‘Did the border agent do something wrong?'”

It’s a “human rights victory” if you call being able to throw stones at federal agents a “human right”.

Border Patrol officials declined to comment on the decision, which reaffirmed the long-standing rule that the agency itself cannot be sued because of the government’s sovereign immunity. The agent, Jesus Mesa Jr., is liable to the suit because his actions went beyond his lawful authority, the judges said.

“No reasonable officer would have understood Agent Mesa’s alleged conduct to be lawful,” they wrote.

EVERY reasonable officer would’ve understood Agent Mesa’s conduct to be lawful.  He was fighting with one alien and getting stones thrown at him by another alien.

This is what happened to one agent down in the Rio Grande Valley a couple years back:

rgv rocking 1

He went to go catch a group of aliens who proceeded to ambush him and throw stones at him and his vehicle.  A chunk of concrete thrown by an alien went through his window and smashed him in the face, incapacitating him.  I don’t know about other injuries, but I know the group was large (numbers I heard were in the 20s), and a motorcycle tire was thrown through the back window of his vehicle as well.

It’s not exactly uncommon, either.

usbp rocking 2

Thing is, a rock is a perfect weapon against US agents.  Hamstrung by racist organizations like The Race with lawyers that exist to target federal agents, an illegal alien can throw a rock, cause harm, and immediately say they were unarmed.  As soon as their projectile is in the air, they can claim they don’t want any trouble.  They can reach for another one and throw it, and they can play the same game over and over.

The very thing they were hired to do was to apprehend illegal aliens breaking into the country – whether simply breaking in or smuggling.  And with this ruling, a federal agent can now be stoned to death or face a lawsuit – or be forced to retreat from doing their job – ever.

“These are not small harassing attacks,” said Shawn Moran, vice president and spokesman for the National Border Patrol Council, referring to the rock-throwing incidents. “They are more like biblical stonings.”

Moran added that agents were now “open to civil liability for doing their job.”

-

To those in the media, they’re just “kids throwing rocks” and the judges are right and the agent is a maniac who wants to murder honor students.

Some of those people claiming it’s just “kids throwing rocks” would find their perception changes if they were to be pelted with stones and rocks and chunks of concrete in order to get them to understand the actual perception of a “reasonable officer” who’s being rocked.  If Mesa’s lawyer told the judges he was going to throw stones at them for a while in court, and then did so, it would’ve been a 3-0 in favor of Mesa.

Years ago, Der Spiegel wrote about the Seven Phases of Al Qaeda’s plan as related to Jordanian journalist Fouad HusseinLong War Journal wrote about it as well.  Beyond the first few stages, it was expected to be the ramblings of madman terrorist Seif al-Adel.   It seemed the kind of plan that would easily be checked by intervention by the West, led by the US.

A short summary of the seven phases:

1. “The Awakening” - was supposed to have lasted from 2000 to 2003, or more precisely from the terrorist attacks of September 11, 2001 in New York and Washington to the fall of Baghdad in 2003. The aim of the attacks of 9/11 was to provoke the US into declaring war on the Islamic world and thereby “awakening” Muslims.

2. “Opening Eyes” – 2003-2006 – the terrorists hope to make the western conspiracy aware of the “Islamic community.” Al Qaeda turns itself into a movement, recruiting and building an army in Iraq and bases in other Arab states.

3. “Arising and Standing Up” – 2007-2010 a focus on Syria with fighting units already built in Syria and Iraq.

4. Destabilization of the Middle East.  2010-2013.  Al Qaeda will bring about the collapse of Arab governments, and AQ will steadily grow in strength.

5, Islamic State/Caliphate declared.  2013-2016.  Weakened western influence will allow for an Islamic State to form.

6. “Total Confrontation” – 2016 on.  The Caliphate will instigate the fight between believers and non-believers.

7. “Definitive Victory” – completed by 2020 with a two-year war.  The rest of the world will be so beaten down by 1.5 billion Muslims that the Caliphate will succeed.

Phase 4 was completed by the “Arab Spring”.  And Phase 5 is now complete, as ISIS has declared an Islamic State.

The Islamic State of Iraq and the Levant (Isis) has reportedly declared the areas it occupies in Iraq and Syria as a new Islamic state, removing Iraq and the Levant from its name and ushering in “a new era of international jihad”.

According to Isis’s chief spokesman Abu Mohammed al-Adnani, the declaration of the “restoration of the caliphate” was made after a meeting of the group’s Shura Council. In recent weeks, Isis has captured large areas of western and northern Iraq and for two years has held parts of Syria, imposing a harsh interpretation of Islamic law and in many cases, killing large numbers of opposition Shia Muslims.

Adnani said all jihadist organisations must now offer up their support to Isis leader Abu Bakr al-Baghdadi, who has been declared Caliph of the new state.

The Long War Journal in 2005 wrote this:

The United States will not allow another Islamic state to fall to al Qaeda’s ideologues. The lesson of September 11 serves as a reminder of what happened when Afghanistan became a sanctuary and de facto al Qaeda state.

The Fifth Phase This will be the point at which an Islamic state, or caliphate, can be declared. The plan is that by this time, between 2013 and 2016, Western influence in the Islamic world will be so reduced and Israel weakened so much, that resistance will not be feared. Al-Qaida hopes that by then the Islamic state will be able to bring about a new world order.

The Long War Journal wasn’t able to forsee Obama or Obama’s retreat from the Middle East.

The Caliphate had smaller plans:

ISIS envisioned boundaries 140611That are now getting bigger:

isis caliphate projection 20140629

And those “moderate” Muslim rebels Obama thinks will magically appear to stop the Caliphate?  They’re being crucified:

isis crucifixion 20140629_crucify

Meanwhile, some are saying that ISIS is a paper tiger that only accomplishes anything out of fear, and others are saying that ISIS only exists because of Manbearpig.

To borrow from a speech by Lara Logan two years ago:

You’re not listening to what the people who are fighting you say about this fight.  In your arrogance, you think you write the script, but you don’t.