God, Europe, and Law

Last week while we were all distracted by the fake bombs sent via snail mail to various Democrat leaders, other things more significant were afoot elsewhere in the world.

 

Blasphemy is defined as “the act of insulting or showing contempt or lack of reverence for God

It is part of the Ten Commandments. “Thou shalt not take the name of the Lord thy God in vain; for the Lord will not hold him guiltless that taketh his name in vain.” Exodus 20:7

There is a little known movie about a man that is transported from 1890 to the present (ok 2002) and is shocked at what he sees. On the one hand, marvels of technology and on the other the decay in societal values. At one point he goes into a movie theater and hears God’s name used in vain. Shocked he runs out and complains to the first theater employee that he encounters. The guy selling soda and popcorn looks at him with a blank stare trying to figure out first what using the Lord’s name in vain even means and secondly why this guy is upset when people talk like that all the time.

Time Changer (2002)

 

The Irish constitution’s preamble still begins “in the Name of the Most Holy Trinity” and acknowledges “all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial.” Its text continues to read “the State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honor religion.”

While 20th century Ireland was a strongly Catholic society where lay political leaders implemented Catholic faith and morals as they perceived them, sometimes in close cooperation with Church leaders and other Catholic institutions, in recent decades the country has secularized.

While Ireland has higher Mass attendance rates than many traditionally Catholic countries in Europe, vocation numbers have plummeted and self-identified Catholics have dropped to 78 percent, according to the 2016 census, and almost one in ten now identify as having no religion.

The secularizing changes are attributed to scandals involving clergy sex abuse, other abuse in other Catholic-run institutions, as well as increasing affluence and influence from international corporations and NGOs.

Ireland’s long-standing pro-life constitutional protections were repealed in a May 2018 vote with over 66 percent voting in favor. In May 2015 Ireland became the first country to implement gay marriage by a popular vote, with 62 percent of voters backing the change.

Ireland is one of 71 countries where blasphemy is illegal.

Irish voters remove blasphemy punishment from constitution

 

After this weekend, now blasphemy is illegal in 70 countries because Ireland voted overwhelmingly to drop the prohibition from their constitution.

 

DUBLIN, Ireland – Exit polls indicated Irish voters were expected to repeal the Republic of Ireland’s constitutional prohibition against blasphemy, with close to 70 percent of voters backing the change in a Friday vote, the Irish Times has reported.

Catholic bishops did not put forward a defense of the law, though one Muslim leader spoke in its favor.

“The publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law,” said the constitutional passage in question, which dates back to 1937.

As passed, the referendum would remove blasphemy from this list of offenses, and allow the Irish parliament to change laws penalizing blasphemy.

This continues a trend that Europe is moving away from any pretense of holding to its very deep rooted Christianity. However, this is not the end of blasphemy news last week. While Christianity has been further diminished, Islam has been elevated throughout the European Union by the European Court of Human Rights.

Europe’s ever-steady march towards illiberal, totalitarian nonsense continues apace. The European Court of Human Rights ruled this week that defaming the Prophet Muhammad is not protected speech. More specifically, the court said an “Austrian woman’s conviction for calling the prophet of Islam a pedophile didn’t breach her freedom of speech,” the Associated Press reported.

The ECHR explained in its ruling that Austrian courts had “carefully balanced her right to freedom of expression with the right of others to have their religious feelings protected.” The woman explained in 2009 during a seminar discussion that the Prophet Muhammad’s marriage to a six-year-old girl was basically “pedophilia.”

“A 56-year-old and a 6-year-old? What do you call that? Give me an example? What do we call it, if it is not pedophilia?” she said.

The woman was charged and convicted by a Vienna court in 2011 of “disparaging religious doctrines.” The woman was ordered to pay a $547 fine, plus costs, the AP notes. An Austrian appeals court upheld the 2011 ruling.

On Thursday, the ECHR explained in its ruling that the Austrian court’s decision “served the legitimate aim of preserving religious peace.”

The seven-judge panel also argued in its ruling that there’s a difference between child marriage and pedophilia:

[B]y accusing Muhammad of paedophilia, the applicant had merely sought to defame him, without providing evidence that his primary sexual interest in Aisha had been her not yet having reached puberty or that his other wives or concubines had been similarly young. In particular, the applicant had disregarded the fact that the marriage with Aisha had continued until the Prophet’s death, when she had already turned eighteen and had therefore passed the age of puberty.

European Court of Human Rights: Sorry, Charlie Hebdo, but you had it coming

 

The recent ruling by the European Court of Human Rights (henceforth ‘the Court’), upholding Austria’s decision to charge somebody for insulting Islam, poses an interesting quandary to its regular critics.

On the one hand, it has upheld what a great many liberals and conservatives alike consider to be an absurdly restrictive judgement. It may not (quite, yet) have imposed an Europe-wide blasphemy law, as sometimes suggested, but it has upheld Austria’s.

But on the other, those whose overweening concern is with democratic accountability and national sovereignty, and therefore oppose the imposition of law by a transnational judiciary, cannot without great care demand that the Court ought to strike down Austria’s laws when we don’t like them.

Moreover, Scott argues that the Court is actually suggesting – at a time when blasphemy legislation is falling across the continent, most recently in Ireland – that signatories of the Charter have a duty to “criminalise “improper and abusive attacks” on objects of veneration”.

But in justifying their ruling the judges appear, if I read Scott’s analysis correctly, to be setting precedents which could well lead to impositions on other nations at a later date. If it becomes established that religious persons have a right not to be offended, it will fall on other states to uphold that right. Where Austria leads, other may have to follow.

Of course, Theresa May has backed away from her earlier enthusiasm for withdrawing from the authority of the European Court of Human Rights. But incidents such as this, where rights law starts metastasising and threatening to impose fresh obligations on democratic governments without any popular mandate, remind us why our relationship with it is something which future, post-Brexit governments may need to revisit.

The European Court of Human Rights has set a problematic precedent on religious freedom

 

Given the above events, when in Europe, you can blaspheme Jesus all you wish but to treat Mohammed the same way is to incur the wrath of the secular elites. Sadly, Mark Stein is vindicated once again in his prediction that it is an actuarial certainty that Europe will be Islamic in a few short decades.

To quote to pop song of a few decades ago,

All in all it’s just another brick in the wall.

— Pink Floyd 1979

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FBI’s Tesla Criminal Investigation

Despite what some fan boys have told me about how ingenious Elon Musk is, Tesla is once again in the news for blowing smoke. Being that they make electric cars, that in itself is quite a feat.

Following the recent spanking by the Securities and Exchange Commission (SEC), the Federal Bureau of Investigation (FBI) is looking into Tesla for lying to investors.

Federal Bureau of Investigation agents are examining whether Tesla misstated information about production of its Model 3 sedans and misled investors about the company’s business going back to early 2017, people familiar with the matter say.

Action in the criminal investigation, headed by the U.S. attorney’s office in San Francisco, has intensified in recent weeks after the Securities and Exchange Commission settled separate civil charges with Tesla and Chief Executive Officer Elon Musk, the people said.

Tesla had disclosed on Sept. 18 that it had received a “voluntary request” for documents from the Justice Department, 10 days before the company and Mr. Musk struck a settlement with the SEC of civil charges on in a separate case involving controversial tweets from Mr. Musk. But it hasn’t been previously reported that the Justice Department is focusing on Tesla’s Model 3 production issues dating to early last year and that the criminal securities-fraud probe is intensifying.

In February 2017, after reporting fourth-quarter 2016 results, Tesla laid out an aggressive production plan to bring out the Model 3, with plans to ramp up to 5,000 vehicles a week in the fourth quarter. On a conference call that month with analysts, Mr. Musk said he was pushing suppliers to be ready for a weekly run rate of 1,000 vehicles in July to 2,000 in August and 4,000 in September.

A few months later in July, Mr. Musk sounded confident that Tesla would be producing 20,000 Model 3s a month in December 2017, in line with his previous pledge of having 5,000 vehicles a week by year’s end. “Looks like we can reach 20,000 Model 3 cars per month in Dec,” he tweeted on July 2, 2017, days before the first Model 3 rolled off the production line.

Tesla ended up producing 2,700 Model 3s for all of 2017, and 793 in the last week of 2017.

Now the FBI is comparing the company’s statements with its production capability during 2017. Authorities are homing in on whether the company made projections about its Model 3 production knowing it would be impossible to meet the goals, people close to the situation say.

Tesla faces deepening criminal probe over whether it misstated production figures

Give Musk’s erratic behavior recently and his supposed genius I.Q. it makes me wonder if he wants to be kicked off the Tesla Board so when the proverbial wheels fall off the company he can avoid the blame. I don’t recall that being the captain’s strategy when the Titanic hit the iceberg but then again you can only go down with your ship once.

Trump Impeachment Now Endangered

Republicans have a reputation for playing checkers while Democrats run rings around them because they are playing chess. Democrats plan and scheme while Republicans react. Democrats are big on the credo “he who defines the issue wins the debate” while Republicans just stare with glassy-eyed amazement at their opponents.

Folks I’m sensing one of those scenarios—the attempt to impeach of Donald J Trump—unfolding before our eyes now. Granted this is speculation but let’s connect some dots.

1 The conventional wisdom this election season has been that Democrats will clean House and Senate and take Congress away from evil Republicans and restore it to its rightful owners; the Democrats.

2 Robert Mueller has rallied the Dems for the last two years on Russian collusion but it is clear that he will not be delivering the goods to Impeach Trump.

3 Democrats claim that they never let a good crisis go to waste—especially one that George Soros is willing to finance—and George has found a new cause of late that is sucking-up much media time going into the election.

4 Democrats see open borders as a way to expand their control of the political apparatus of the United States. They want illegal aliens to vote in our elections to keep them in power. Every time someone wants to limit elections to US citizens—which by the way is the law in every state in the Union except maybe California—Democrats are the first to run to some judge of their own choosing that claim voter suppression. Democrats want illegals and felons to vote. Democrats want rampant voter fraud. Democrats want chaos. Democrats rule by dividing people into groups and then pitting the groups against each other.

5 The Guatemalan Invasion is a trap that is being set for Trump. It is organized and paid for by folks in the United States including George Soros. The Dems figure that they have Trump boxed into a corner where either way Trump loses and they win. They see no scenario in which he wins.

Invasion force following their flag

If Trump caves and lets these folks into the United States then he will forever have to give up his promise of the wall. He will be called a hypocrite for campaigning on border security and then collapsing like George W Bush when the rubber hits the wall.

Or, Trump really does call out the troops to protect the border. Trump has reportedly said he will do this. In this instance, Democrats are hoping the Trump does what he said. They will call him hotheaded and move to impeach him immediately because they will maintain that he doesn’t have the right to deploy troops within the borders of the United States. Democrats will cite the Posse Comitatus Act as grounds saying the President doesn’t have the legal authority to deploy troops.

6 Using Posse Comitatus Act is thus their Plan B to remove or severely cripple Trump. The House will Impeach him whether the Senate later votes to remove him or not. They believe that they have the votes to remove Trump but if not, so tarnish him that he won’t run again in 2020. They don’t want to defeat Trump, they want to destroy him.

The only problem with the above scenario is that the Democrat Wave that has been forecast for the last six months is turning out to be “vaporware”. The political polling folks are collapsing their predictions about a Democrat Wave.

Two months ago, Democrats were believed to be picking up four to six Senate seats and now the opposite is being said. Republicans are likely to pick-up more seats in the Senate.

In the House, two months ago, Democrats were expecting to pick-up at least 60 seats but now there is doubt that they will take back the House. Republicans are expected to lose seats this cycle but may be able to maintain control. Without control of the House, no impeachment proceedings can be started.

The catalyst for this change in political fortunes appears to be the direct result of the Brett Kavanaugh hearings. Thus Dianne Feinstein has singlehandedly saved the Republicans for themselves.

 

Further Reading

The Blue Wave Was a Lie, But It Could Be Even Worse for Democrats

Polls Could Be Missing a GOP Surge. Here’s Why

U.S. military weighs request for troops on Mexico border

Soros? GOP Rep. Posts Video Purportedly Showing People Being Paid To Join Honduran Caravan

DHS: We Can Confirm There Are Criminals, Gang Members in the Illegal Caravan

Note: Democrats dispute whether Soros is paying for the “refugees” but he funnels money thru many organizations dedicated to open borders. Someone is paying for food and supplies for a group that yesterday was reportedly about 14,000 strong to walk over 1,000 miles to the US border. Talk about a community organizer.

Democrats Field Bottom Feeder Candidates

In addition to such documented liars as Elizabeth Warren, here are three samples of the idiots that Democrats expect low information voters to support on November 6th.

 

Kyrsten Sinema Democrat for US Senate

 

Lie #1 She grew up homeless

However, one of the key claims made by Sinema is now being challenged by The New York Times.

Throughout the campaign, Sinema, a member of Congress who represents Arizona’s 9th District, has repeatedly made the claim that she comes from humble beginnings. She recounts in interviews and in speeches that she spent the majority of her childhood living homeless and in a former gas station without utilities.

In February, she tweeted, “I’m a little bit different than most people in politics. For nearly 3 years, my family lived in an abandoned gas station without running water or electricity. Those were tough times, but I knew it could be different.”

Additionally, Sinema touts the idea that she would be the rare senator who has dealt with being homeless.

However, court documents obtained by The Times are now casting a shadow of doubt on her claims.

Oops: Democrat Candidate’s Childhood Poverty Story Revealed To Be Fake

Kyrsten Sinema–aspires to be a homeless politician after November 6th

Lie #2 Arizona Voters Are Crazy

The GOP has sought to highlight Democrat Kyrsten Sinema’s past radicalism — she protested the Afghanistan war in a pink tutu, and her organization portrayed American soldiers as murderous skeletons inflicting “US terror” — as well as her biographical…shall we say, enhancements.

She called Arizonans “crazy” and Arizona the “crazy” state.

Hoo Boy: Democrats’ Arizona Senate Nominee Caught on Tape Bashing…Arizona

Clearly, she has never been to California.

 

Lie #3 Stay at Home Moms Are “Leeches”

“These women who act like staying at home, leeching off their husbands or boyfriends, and just cashing the checks is some sort of feminism because they’re choosing to live that life,” she told Scottsdale nightlife magazine 944. “That’s bulls**t. I mean, what the f*** are we really talking about here?” . . .

Arizona Democrat Kyrsten Sinema Attacked ‘Bullshit’ Stay-At-Home Moms For ‘Leeching Off Their Husbands’

 

Stacey Abrams Democrat for Georgia Governor

Stacey Abrams, the Democratic candidate for Georgia governor, dismissed the notion that free-market principles might play a role in improving health-care outcomes for her constituents during a town hall in Atlanta on Sunday.

“And I am sick and tired of hearing about the free market being the solution to this problem because I’ve never seen the free market write a prescription in rural Georgia,” Abrams said. “I mean, I’ve never seen the free market show up and give someone Metformin so they can have a little bit of control of their diabetes before it turns into an amputation of their foot. I’ve never seen the free market say I’m going to replace that stent in your heart next door and not make you go 200 miles to get it done. The problem with the free market is the free market needs to make a profit and there is no profit in doing the right thing.”

Stacey Abrams Blasts ‘Free Market’ in Town-Hall Rant

Stacey Abrams–relying on voter fraud because she doesn’t stand a chance in the free market of ideas

A 1992 photo of Stacey Abrams, who is now the Democratic candidate for governor in Georgia, has resurfaced, showing Abrams ― who was in college at the time ― at a protest where students burned what was then Georgia’s state flag.

Old Photo Of Stacey Abrams Protesting Confederate Symbol On State Flag Resurfaces

 

Georgia’s Democratic gubernatorial candidate Stacey Abrams said Tuesday the Democrats’ “blue wave” in November would be comprised of those who are “documented and undocumented.”

Stacey Abrams: ‘Blue Wave’ Is ‘Comprised of Those Who Are Documented and Undocumented’

 

Ilhan Omar Democrat for US Congress

Minnesota state Rep. Ilhan Omar (D-60B) currently leads the race to fill the federal House seat being vacated by Rep. Keith Ellison (D-MN). Immediately after being elected to her current seat in 2016, Omar faced allegations — soon backed by a remarkable amount of evidence — that she had married her own brother in 2009, and was still legally his wife. They officially divorced in December 2017.

The motivation for the marriage remains unclear. However, the totality of the evidence points to possible immigration fraud and student loan fraud.

Official School Records Support Claims That Rep. Ilhan Omar (D-MN) Married Her Brother

Ilhan Omar–redefining the idea of being her brother’s keeper

 

Whether their gender is an issue, I will leave for you to decide. Personally, I agree with Rush Limbaugh. “I like the women’s movement…especially from behind.”

Facebook’s Decline Among Teens

Mark Zuckerberg’s Facebook is losing popularity with teenagers. This is ironic since it was founded as a way for teens to keep in touch. Instead, Facebook has become the place to go for older people to see who had a baby or when the next class reunion will take place and stuff like that. Facebook is not bleeding users as quickly as Myspace did many years ago but the trend is not good.

Facebook will see a decline among teenagers in the U.S. this year, says market research firm eMarketer.

EMarketer predicts 14.5 million people ages 12 to 17 will use Facebook in 2017, a decline of 3.4% from the previous year, as they migrate to Snap’s Snapchat and Facebook’s Instagram.

Monthly Facebook usage among those under 12 and ages 18 to 24 will grow more slowly than previously forecast, too, according to eMarketer.

The forecast suggests young people are turning away from the world’s most populous social network, which reached 2 billion users this year.

It’s a grown-up problem for Facebook which needs young users to develop the habit of checking Facebook so it can show them ads well into adulthood.

EMarketer forecasting analyst Oscar Orozco says teens and tweens, seem less engaged on Facebook, logging in less frequently and spending less time there.

For years there have been warnings that Facebook was losing its cool with young people.

Facebook may have a grown-up problem: Young people leaving for Instagram and Snapchat

 

As if losing your cool with teens was not enough, there is this from U.K.’s Metro

Facebook ‘could collapse’ if it keeps being dogged by scandals over misinformation and election hacking, says the author of a 2010 book on the company. David Kirkpatrick says advertisers could start to shun the platform if the scandals don’t stop – after a year of seemingly endless controversy over misinformation, privacy and ‘fake news’.

Kirkpatrick said that if Facebook stops being a virtual watercooler for friendly conversation, but a lair for trolls and misinformation – advertisers might find the service too dangerous to showcase washing tablets and shoes.

Research earlier this summer suggested that young people are deserting Facebook.

Just 51% of teens are on Facebook, suggesting young people are turning away from a social network which was once a pivotal part of adolescent life.

Facebook ‘could collapse’ if election scandals keep coming, author warns

 

There has been a huge decline in teenage Facebook users over the past three years as youngsters ditch the social network in favour of platforms like Instagram and Snapchat, a new study reveals.

That’s according to the Pew Research Center, which reports that the number of teenage Facebook users (aged 13-17) had plummeted from 71% in 2015 to 51% in 2018.

Facebook’s popularity amongst teens is fading and fading fast

 

Censorship of conservatives is an issue that also is causing folks to look for friendlier alternatives to Facebook’s social platform. The evil algorithm gets the blame but really Facebook is intolerant of people that stray from liberal orthodoxy. They fail to realize that Silicon Valley’s values are not those of America’s Heartland.

 

The disconnect between the real value of companies like Facebook and their sky high stock prices is concerning. This “tech bubble” will eventually correct itself but whether that is the result of bleeding users or advertisers or something else remains to be seen.

The Myth of Russian Collusion with Trump 2016 Campaign

First, nobody in the Republican or Democrat Parties thought Donald Trump had a prayer of beating Hillary Clinton in 2016. Hillary was the presumptive President of the United States in the minds of many and has been since she beat-out Bernie Sander two years ago. (In point of fact, Hillary had Bernie beat before a single vote was cast due to having 1/3 of the delegates needed for the nomination by securing the support of the Democrat “Super Delegates” concurrent with announcing her candidacy.) Certain folks out there think that her gender; her caustic personality; multiple failures in policy as FLOTUS (First Lady of the United States), US Senator, and Secretary of State; and the fact that she slept with a former President of the country are her qualifications for office. When she ran as a candidate for US Senator, not one single supporter in New York could name three accomplishments that were reasons to vote for her but she won anyway. Today, I still say that those supporters of Hillary can’t name three things that she has accomplished.

Hillary was a failure as Secretary of State. Many thousands of people died because of her incompetence including the folks that died needlessly in Benghazi and a multitude of Christians in Middle Eastern Countries. Other nations knew her unfitness as a leader and wanted to cripple her presidency before she ever got into office. Also, don’t forget that President Obama frequently interjected himself into political campaigns in other countries; especially Israeli elections and the Brexit vote in Great Brittan. Hillary and John Kerry were joined at the hip to Obama in these efforts.

Sensing her weakness, presuming her victory was pro forma, and wanting some payback for US policy, nation states such as Russia and China did use the openness of the US to exact some retribution on Hillary. The irony is that all you have to do to harm Hillary politically is tell the truth about her.

As is the typical pattern, China gets a pass from Democrats. This is due to the millions of dollars that China has invested in the Democrat Party since the Clinton Administration and in left leaning businesses such as Hollywood movie studios and technology that they have heavily invested in.

Not believing that people in other countries could be mad at Hillary—who thinks she is the handmaiden of the Messiah—anything not supporting of her must be the fault of Trump. Trump gets the blame because most establishment Republicans supported her over Trump in 2016 and many still do to this day.

This led to the myth that Trump is the puppet of Russia and this whole collusion story. Even after it has been proven that Hillary and her supporters created this conspiracy out of whole cloth, the Dems and media are holding onto this narrative.

Enter Robert Mueller. Two years have passed since beginning his investigation and he still can’t find the goods on Trump. Believe me if he had, his report would have leaked-out by now just to help the Democrats wipe the Republicans off the map on November 6th. The consensus is that Mueller’s report will end with a whimper not an Impeachment.

Matt Drudge has had this report linked to his website for the last couple of days.

I feel bad for them, in the way that I feel bad for kids who are about to discover that the Tooth Fairy is fake. After 17 months of appending compound adjectives (“Russia-linked,” “Kremlin-backed”) to the names of an increasingly obscure cast of characters accused of things like sending spam emails and holding pointless meetings that went nowhere, it looks like we are finally getting close to the end of the Mueller probe. A report in Politico suggests that what skeptics have argued for more than a year and a half is true: namely, that Mueller and his team have not found any smoking-gun evidence of “collusion” between Donald Trump’s 2016 presidential campaign and the Russian government because no such collusion took place.

How the Mueller fairy tale ends

Trump has endured two years of reporting about him that is 92% negative and yet he is drawing record crowds at political rallies. The pundits are back peddling on the Democrat tsunami on November 6th, could America actually like this guy? What is their Plan B?

Trump Administration to Base Gender on Biology

Why is this even a headline? Because in a world where common sense is not common, people are dumb. The New York Times wrote this yesterday:

Now the Department of Health and Human Services is spearheading an effort to establish a legal definition of sex under Title IX, the federal civil rights law that bans gender discrimination in education programs that receive government financial assistance, according to a memo obtained by The New York Times.

The department argued in its memo that key government agencies needed to adopt an explicit and uniform definition of gender as determined “on a biological basis that is clear, grounded in science, objective and administrable.” The agency’s proposed definition would define sex as either male or female, unchangeable, and determined by the genitals that a person is born with, according to a draft reviewed by The Times. Any dispute about one’s sex would have to be clarified using genetic testing.

Sex means a person’s status as male or female based on immutable biological traits identifiable by or before birth,” the department proposed in the memo, which was drafted and has been circulating since last spring. “The sex listed on a person’s birth certificate, as originally issued, shall constitute definitive proof of a person’s sex unless rebutted by reliable genetic evidence.”

‘Transgender’ Could Be Defined Out of Existence Under Trump Administration

Thank God Trump is President.

Those of you that disagree with the above policy have a problem with God not Donald J Trump. Oh, and just so you know, God made you and is the same yesterday, today, and forever so He won’t be changing His mind just because you don’t like it.

Elizabeth “Pocahontas” Warren

Elizabeth Warren’s entire professional life is based on a lie. Not a mistake or distortion but an old-fashioned bald-faced lie. Yep, she knew it was a lie and like many lies, it furthered the cause of Liberalism, so no one challenged her on it. Liberals embrace the different and don’t discriminate between perversity and diversity so long as the lie continues to advance their cause.

Lest you think this claim is just about Warren’s heritage consider this; if illegal aliens and/or dead people started voting Republican, do you think the rampant voter fraud—especially here in California—would continue unchecked? As long as the Party in power is the beneficiary of the fraud, they will do nothing to insure voter integrity.

Another example which I have documented better than the MSM (main stream media) is the gutting of the Board of Equalization. Liberals had no problem throwing the black Democrat under the bus to pull-off this political sleight-of-hand. The political life of one guy is a small price to pay to highjack the State Constitution to give the Governor more executive power to confiscate money from the people with no recourse.

Sadly, the media went long ago from the watchdog of government to its lapdog.

Back to the good Senator. Her fraudulent heritage was well documented even before she was elected by the Boston Globe newspaper.

 

May 25, 2012

US Senate candidate Elizabeth Warren has said she was unaware that Harvard Law School had been promoting her purported Native American heritage until she read about it in a newspaper several weeks ago.

But for at least six straight years during Warren’s tenure, Harvard University reported in federally mandated diversity statistics that it had a Native American woman in its senior ranks at the law school. According to both Harvard officials and federal guidelines, those statistics are almost always based on the way employees describe themselves.

In addition, both Harvard’s guidelines and federal regulations for the statistics lay out a specific definition of Native American that Warren does not meet.

The documents suggest for the first time that either Warren or a Harvard administrator classified her repeatedly as Native American in papers prepared for the government in a way that apparently did not adhere to federal diversity guidelines. They raise further questions about Warren’s statements that she was unaware Harvard was promoting her as Native American.

The administrator responsible for Harvard Law School’s faculty diversity statistics from 1996 to 2004, the period in question, was Alan Ray, a citizen of the Cherokee Nation who, like Warren, has fair skin, blue eyes, and Oklahoma roots.

But Ray, now president of Elmhurst College in Illinois, said in a statement that he “did not encourage the Law School to list any faculty member as one particular race or ethnicity, including Professor Warren.’’ He further said through a spokeswoman that he “never encouraged any faculty member to list himself or herself in a particular way.’’ Ray added that Harvard “always accepted whatever identification a faculty member wanted to provide,’’ a characterization another highly placed former Harvard administrator backed up.

In a statement to the Globe Thursday, Harvard disavowed any wrongdoing, saying that it “adheres to the Department of Education and Department of Labor regulations and guidance concerning the reporting of race and ethnicity.’’

Warren arrived as a visiting professor in 1992, but left a year later. By then, she had been listing herself for seven years as a minority in a legal directory often used by law recruiters to make diversity-friendly hires. She continued to list herself in the book until 1995, the year she took a permanent position at Harvard.

That year, the director of Harvard’s Native American program was quoted in the law school newspaper bemoaning the university’s “lack of Native faculty in any of the schools.’’

But the school had begun describing Warren as Native American in the media soon after she was hired.

In 1996, law school news director Mike Chmura, speaking to the Harvard Crimson, identified Warren as a Native American professor.

In 1997, the Fordham Law Review, citing Chmura, referred to Warren as Harvard Law’s “first woman of color.’’

In 1998, Chmura wrote a letter to the New York Times, saying the law school had appointed or tenured “eight women, including a Native American.’’ Three days later, the Crimson again touched on the issue: “Harvard Law School currently has only one tenured minority woman, Gottlieb Professor of Law Elizabeth Warren, who is Native American.’’

The Harvard document defines Native American as “a person having origins in any of the original peoples of North America and who maintains cultural identification through tribal affiliation or community recognition.’’ It notes that this definition is consistent with federal regulations.

It is not a definition Warren appears to fit. She has not proven she has a Native American ancestor, instead saying she based her belief on family lore, and she has no official tribal affiliation. The current executive director of Harvard’s Native American program has said she has no memory of Warren participating in any of its activities.

Filings add to questions on Warren’s ethnic claims

Photo from Facebook

Warren’s DNA test has blown-up on her.

As The Federalist’s Sean Davis points out, according to The New York Times, the average white person in America has nearly double the amount of American Indian DNA (0.18%) as Elizabeth Warren (0.098%), who claims to be Cherokee.

When her supposed Native American heritage came under scrutiny during her first Senate bid, Warren presented a recipe she had published in her cousin’s cookbook as evidence of her background. It was signed “Elizabeth Warren — Cherokee.” Later we learned that even the recipe was taken verbatim from an article in The New York Times five years earlier.

It’s easy to see what’s going on. Warren wants to dull Donald Trump’s “Fauxcahontas” jibes because she is about to run for president. Rather than admitting she has no genuine cause for being “proud of my Native American heritage” in her career, she’s doubled down on the assertion.

Elizabeth Warren’s DNA Test Proves She Was Lying

 

Even “The Old Gray Lady” can’t provide cover for Senator Warren.

Yet even as she sought to defuse the issue, Ms. Warren was criticized on both the right and the left Monday. Conservatives mocked her for releasing a test that indicated she is anywhere between 1/64th and 1/1,024th Native American.

“Elizabeth Warren hasn’t dealt with a problem, she has highlighted it and opened up other avenues for attack,” wrote the editor of the conservative National Review, Rich Lowry, on Twitter. “For Trump, 1/1024th will be priceless material.”

And liberals, as well as conservatives, said Ms. Warren had still not adequately addressed why she changed her ethnic identity from white to Native American as a law professor in the late 1980s and early 1990s.

“Warren’s gotta say she shouldn’t have listed herself as Native American 30 years ago and apologize profusely and sit down with community leaders that agree to meet with her,” said Josie Duffy Rice, a progressive writer. (Ms. Warren has said she began identifying as Native American to honor her heritage because many of her older relatives were dying in that period).

And Cherokee Nation, which is based in Oklahoma, also criticized Ms. Warren, saying in a statement she was “undermining tribal interests” by claiming Native American heritage.

Elizabeth Warren’s DNA Results Draw Rebuke from Trump and Raise Questions

 

The test — part of her strategic preparations for a likely presidential campaign — did not placate President Trump, who has mocked Ms. Warren as “Pocahontas” and once promised $1 million to a charity of her choice if a DNA test substantiated her claims of Cherokee and Delaware heritage. And her announcement of the results angered many Native Americans, including the Cherokee Nation, the largest of the country’s three federally recognized Cherokee tribes.

DNA testing cannot show that Ms. Warren is Cherokee or any other tribe, the secretary of state of the Cherokee Nation, Chuck Hoskin Jr., said in a statement. Tribes set their own citizenship requirements, not to mention that DNA tests don’t distinguish among the numerous indigenous groups of North and South America. The test Ms. Warren took did not identify Cherokee ancestry specifically; it found that she most likely had at least one Native American ancestor six to 10 generations ago.

Why Many Native Americans Are Angry With Elizabeth Warren

 

This just proves the old axiom that repeating a lie enough times will get people to believe it, especially when its what they want to hear. In Senator Warren’s case the truth won’t set her free, but it might make her unemployed. We can only hope…

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Order in the Court: Part IV—Jury and Verdict

A week ago, Thursday, the closing arguments of the trial began. The prosecution went first with a 50 minute PowerPoint presentation that covered the charges and how the evidence fit the charges. This was followed by the defense attorney recasting the testimony of the witnesses in such a way to benefit his client (think James Carville defending Bill Clinton). The defense attorney did a masterful job of misdirection and obfuscation. The prosecution then got a small rebuttal.

Then, just over three weeks after jury selection began, the trial went to the jury. Due to the trial running so long and some jurors having conflicts, the jury agreed to meet the following Monday to begin deliberations. The three day weekend gave me and presumably the others some time to reflect on our responsibility as a jury and the evidence. (In my opinion, had the jury started deliberations immediately after the defense’s closing argument’s it would have taken much more time for them to arrive at a verdict due to the level of doubt introduced.)

Monday morning finally arrived. The jury gathered and entered the deliberation room. We talked for a while and waited for the stenographer to arrive. We wanted to rehear the testimony of the two main witnesses. One man in particular was the crown jewel of the prosecution’s case. He was the man offered the bribe. He was the type guy that took an oath to protect and defend the Constitution of the United States and in his mind, his DD214 did not absolve him of the responsibility. He identified the shooter at the scene of the crime while waiting for medical aid. Both attorneys stated that this witness was reliable and correct in his testimony, at least up to the point of the actual shooting and then–per the defense–he was mistaken.

This is where I can get into the charges; however, I’m doing this from memory so I won’t be citing charter and verse for each accusation. All together there were five counts.

  1. The big charge was attempted murder of Bender Bob. Alternately, the jury could look at a lesser charge of attempted manslaughter.
  2. assault with a semi-automatic firearm causing great bodily injury to Bender Bob–shot in neck.
  3. assault with a semi-automatic firearm causing great bodily injury to the security guard–shot in hand.
  4. a felon in possession of a gun.
  5. witness tampering.

Several of the charges had additional factors associated with them. For example on the assault charges, if Carlos was guilty then we had to consider: Did the assault cause severe injury to the victim? And did Carlos use a semi-automatic weapon? The felon in possession of a weapon charge required that Carlos possess the weapon or control it when fired. The law does not say he had to own it, basically if he was touching it when it fired then he was guilty of violating this statue.

Bender Bob started the altercation. On this point both prosecution and defense council agreed. Did Bob draw the gun too? Bob testified that he hit Carlos because he saw Carlos drawing the weapon; however, Bob was so drunk his version might be the product of his imagination. Could Carlos’ defense testimony be true? Much of any reasonable doubt the jury might have stemmed from the answer to this issue. This was the main purpose of the read back of the witness testimony.

The question that much of the case hinged on was where did the gun come from? A shell casing was recovered at the scene but no weapon was recovered during the course of the investigation. Three choices were postulated in the trial about the gun:

  1. The defendant, Carlos–the prosecution claimed that he brought and used the gun but Carlos claimed he didn’t and furthermore, he never had the gun or control of it
  2. Bender Bob–the guy who got shot in the neck, Carlos’ defense testimony was that the gun was Bob’s but nobody asked Bob during the trial about ownership of the gun.
  3. The girlfriend, who’s purse kept being brought-up by the defense with no follow-thru (she was never asked to testify).

The purse was a red herring that explained nothing about the gun so nobody gave it much thought; especially after the defendant, Carlos, took the stand and blamed Bob for being the owner. Thus did defendant Carlos bring gun and shoot Bob as the prosecution alleged or did the victim, Bob, bring the gun and shoot himself during struggle? Did the defendant have possession of the gun at any point? If so he was guilty of count four.

Oh, while waiting for the stenographer, the jury voted guilty on count five related to intimidation of a witness. There was no debate on this point since both attorneys has stipulated that Carlos wrote the letter and arranged the phone call making the offer. Carlos agreeing to all this under oath sealed his fate on that count.

Should some enterprising criminal ever read this post, please understand that promising good things should a witness change his testimony also has the implied threat that bad things will happen if you don’t, whether the threat is explicit or not. The fact that the witness called the lead detective as soon as the call terminated and ditched his cell phone number for a new one is further proof he took it as a threat.

The testimony read back took two and a half hours but the intrepid stenographer made it thru the evidence that we needed to hear to get back on track. After a few minutes of discussion, we agreed to break for lunch.

Deliberations resumed at 1:30 PM.

It was clear that the jury would not agree to the attempted murder charge. This statute required premeditation and there was no consensus that the shooting in this case was premeditated. I could argue that bringing a gun to a night club is a premeditated act but that Bender Bob was shot seemed the opposite of premeditation.

The attempted manslaughter charge was more achievable but a few jurors wanted to examine whether the shooting as described by Carlos was self-defense. Two different reasons can get you to attempted manslaughter, one of which is imperfect self-defense. For many jurors, the question of guilt hinged on whether bringing out a gun and firing it at a fistfight was excessive force for this situation.

The presence of security and other options available to Carlos were discussed. Carlos’ assertion that Bob shot himself was just too incredible to believe. Had Carlos claimed that Bob had the gun but Carlos grabbed it and tried to scare Bob and it accidently discharged, Carlos might have been acquitted. Carlos’ version was clearly some jailhouse lawyering that was concocted to get him off all the charges.

It was clear that Carlos lied about all the following:

  • Being checked by security as he entered the building–security guards testified that VIP’s were exempted from thorough scanning and often enter the building with no check at all
  • Carlos said when he was hit so hard that a tooth was chipped but that he never took a step backwards but stood his ground, this  was contrary to the other witnesses and common sense
  • Bob glaring down at him from the balcony after the shooting (discussed below)
  • Talking to the head of security after the shooting–head of security never spoke with Carlos
  • Never trying to tamper with witness testimony–Carlos maintained there was no threat explicit or implied in his offer

 

Before I go on, let’s talk about Bob and the balcony. In order for this to be true the following things had to have happened in less than ten seconds.

  • Bob gets shot in the neck with a .45
  • Bob and the security guard fall backwards and land on a table, breaking it into several pieces. (They fell in the opposite direction from the exit.)
  • Bob would then have to scramble to his feet and scoop up the gun at the scene of the shooting
  • Bob would then have to run to the balcony and already be there so that he could be seen glaring at Carlos as he got to the landing halfway down the stairs
  • Police found no blood between the scene of the shooting and the front of the dance floor where balcony is located
  • Bob was drunk as a skunk and highly impaired, and barely mobile

Other threads that cast doubt on Carlos’ version of the story are that he never called the girl he brought to the club or arranged to get her home; instead, he just ran away. He never called the police or offered to make a statement against Bob. The only time Bob was accused of having the gun was by Carlos in open court, you’d think even if the cops didn’t investigate this that Carlos’ lawyer would use the possibility to create reasonable doubt when Bob was on the witness stand. Fleeing to Las Vegas and the Vegas jail call to his wife about “going away for a long time for attempted murder” doesn’t help either. As a whole, Carlos’ behavior is hardly that of an innocent person. As a convicted felony, only Carlos had any reason to lie about the events of the shooting.

After reading the law given to the jury as part of our written instructions, we ruled out self-defense and voted guilty of attempted manslaughter.

Having concluded that Carlos is the only person that witnesses saw holding the gun and firing it at Bob and the fact that Carlos was full of B.S. with his version of the story that Bob shot himself, finding him guilty of assault and possessing a weapon was a simple matter. By a few minutes after 3 PM, we had five verdicts.

As slow as court proceedings had been going, we figured it would take until the following day to gather all the folks to have the jury verdicts read in court. Wrong! As it turned out, the prosecuting attorney was in courthouse on another case, the defendant was downstairs in the cooler, and his lawyer was just down the street. The defense attorney was the last of the three to arrive. I could tell by the look on his face that he already knew the verdicts. One of the other jurors commented that he looks glum. I responded that is because he already knew the verdict. I said we decided too fast to find his client innocent, he knows it. About the time we were let into the courtroom, Carlos’ parents had arrived—at least I saw him mom and sister before going into the courtroom.

When the verdict on the first charge was read, “on the count of attempted murder, not guilty”, you could sense some hope coming from Carlos but then his world shattered. “On the lesser count of attempted manslaughter, guilty” and every other guilty verdict that was read, he let out an audible gasp. The jury also found Carlos guilty of all the modifiers associated with the charges. I didn’t look but it seemed that he was being restrained from making further outbursts. His family began sobbing after the first guilty verdict was pronounced.

I felt sorry for the family that had been in the courtroom every day of the trial but I was convinced that their son was guilty. The prosecution made a fairly solid case. Carlos’ story did not fit the facts of the case. His testimony hurt his cause; especially when he attempted to explain that Bob shot himself. Bob was about 6’ 2’ and close to 280 lbs. while Carlos was about 5’ 6” and 165 lbs.

The defense attorney then tried the final Hail Mary play in the book and polled each juror for their vote on each of the five verdicts. After 60 votes, it was over. The judge thanked us for our service and dismissed us.

Subsequent to the trial I have wondered if I did the right thing and after many days of contemplation, I think given the evidence, that Carlos is guilty. As to his sentence, that is up to the judge and will be decided another day.

Order in the Court: Part III–Defense Argument

Once the prosecution rested, the defense was able to present their case, I’m surprised that they did. I thought the attorney would close, simply arguing that the prosecution didn’t prove their case beyond a reasonable doubt and thus we must acquit. However his client–Carlos–had other plans. In the end two people were called to the stand.

The first defense witness was the policeman that was first on the scene to interact with Bob, the man shot in the neck. He had described the gunshot to the neck as “a graze”. That was the entirety of his testimony.

We then took a break and returned to find the defendant on the witness stand. The only person more shocked than me was probably the defense attorney. If I was him, the last guy I would want under oath was my client but there he was in the flesh. The defendant, Carlos, then told his version of the fateful night. His testimony went something like this:

Carlos was on a date at a local restaurant with a lady friend of his. She left her car at the restaurant and he drove her to the nightclub. They arrived at the night club about midnight. Since Carlos was a VIP at the club, after a short wait, he was given a parking place in the front of the club. He and said lady then entered the club, underwent a security check, and were given his usual booth in the back of the club. He danced a few times and had a few glasses of Hennessey and Coke.

About 1:40 AM, the sound went off and the lights came up and people were encouraged to head for the exit. As a VIP, Carlos was offered an opportunity to exit via an alternative route but the lady had to pee so they headed towards the bathrooms locate near the main exit. They were in the back of the group being funneled to the exit area.

As they passed a large black man—Bender Bob, the two men bumped shoulders. Bob didn’t like it and gave Carlos a hard shoulder check. The two men exchanged words. Carlos said that the black man (Bob) said he was going to steal Carlos’ Rolex and then threatened to kill both he and his lady friend. Carlos testified that he told Bob to calm down. In response, Bob hit him full-on in the mouth with his right hand. Carlos said that the blow was so hard that he chipped one of his teeth. Despite the strength of the punch, Carlos said that he stood his ground and was not knocked backwards.

Simultaneously, Bob drew a gun; presumably with his left hand. Carlos said that he reached-up with his right hand and grabbed Bob’s hand with the gun. Carlos said that he was able to twist the gun toting hand of Bob around to the point that the black man (Bob) shot himself in the left side of his own neck. Carlos said that he never touched the trigger or had control of the weapon. After a single shot, the gun then fell to the floor. Carlos did not grab the gun but fled. As he was making his way down the stairs, he looked up towards the dance floor where the shooting had happened only to see Bob glaring at him from the top of the balcony. Carlos said he then exited the building. On his way out, Carlos testified that he told the head of security about the shooting upstairs (omitting his involvement) and then fled the scene.

Folks there are a few facts in the above account of Carlos’ defense that should stand out as odd comments for me to include. They stood out as peculiar to me too until we finally got to see the charges as the case was given to the jury. More to say when I discuss jury deliberation and the verdict in my next installment.

There is an old saying, “A man who is his own lawyer has a fool for a client”. I would suggest that a man who ignores him council’s advice and takes the stand to perjure himself is just as foolish.

Why was defendant Carlos telling this version of events? What he said didn’t agree with the facts presented by witnesses that had already testified and everyone in the courthouse knew it. Additionally by taking the stand, the prosecuting attorney gets free and unfettered access to the accused under oath to shred Carlos’ story under cross-examination.

Cross-examination

The first thing the prosecution attorney did was go thru the letter written from jail that was intended to get a witness to change his testimony in exchange for defendant Carlos’ written thanks and ten thousand dollars in cash. (Considering that the accused claimed to be wearing a Rolex on the fateful night, this seemed like a paltry sum to me.) Carlos admitted to writing both the letter of instructions and the letter intended to be given to the witness from his jail cell. The letter contained the witness’ personal cell phone number, and information about his wife and children including their names. (Remember he got all this info after he was put in jail.) Carlos asserted that there was no threat in the letter since he promised only good things to the security guard should he change his testimony.

The prosecution was also able to introduce more information about the Carlos’ fight (flight as in fleeing not as in an aircraft) to Las Vegas. Upon being arrested in Vegas a week after the shooting, Carlos called his wife (not the person with him at club) and told her that he would be going away for a long time for attempted murder. (Admission against interest on recorded jail phone call is not too bright.)

Carlos could not say who screened him for weapons at the club the night of the shooting but maintained that it happened. He also said that the girlfriend’s purse was not checked by club security. His story was as outlined previously; namely, the gun was the black guy’s (Bender Bob’s) and he—the defendant—never had possession of the weapon and yes the black guy shot himself. When confronted with the fact that the head of security stated that Carlos never spoke with him following the shooting, his story began leaking badly. Carlos never explained what happened to his lady friend that he left stranded at the club. Since it was after 2 AM, maybe The Chief decided she was cute enough to offer her a ride to his teepee.

Carlos’ testimony was at odds with that of other witnesses; especially the confrontation with Bob. The defense never offered any witnesses to cast doubt on the prosecution’s version of what happened or to agree with Carlos’ version of the story. In the end, it was three witnesses of varying degrees of believability or the defendant Carlos’ version that we were expected to believe. Both could not be simultaneously true in many key respects.

To be continued…