Saturday, July 31, 2010

Saturday Night Card Game (What We Have Here Is A Failure To Harass)

This is the latest in a series on the use of the race card for political gain:

This clip of youngsters Chris Rock and Wanda Sykes is both funny, and makes a point:



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Saturday Night Card Game
Diversity Consultant Throws The K-Bomb
Is This The Week The Dream Died?

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The Original Sherrod Clip Was Not "False"

The left-wing blogs and media are hoping beyond hope that Shirley Sherrod sues Andrew Breitbart.

One common theme, echoed by Sam Stein at HuffPo, and various people he quotes, is that the original clip released by Breitbart was "false."

To portray the clip as "false" is wrong. The clip itself was what it was. No one is claiming that the words were changed or edited within the time span shown on the clip.

The original Sherrod clip was no worse, and in many way much more fair, than the clips and words taken out of context that we see every day at Democratic media machines.

I previously posted about how Gawker and Think Progress ran headlines that Bill O'Reilly had said that a black guest looked like a drug dealer? Those headlines and the articles were literally true, but wildly out of context meant to portray O'Reilly as racist. Breitbart's conduct did not rise anywhere near that.

The original Sherrod clip certainly gave enough of a flavor that Sherrod was talking about something in the past, and had changed (watch the clip beginning at 1:50, where Sherrod mentions that she no longer views race as the real issue). The full speech gives an even more complete version of that supposed transformation, but that does not make the shorter version "false."

Even Breitbart's original description of the tape -- before the full tape was available, actually disclosed Sherrod's transformation (emphasis mine):
In the first video, Sherrod describes how she racially discriminates against a white farmer. She describes how she is torn over how much she will choose to help him. And, she admits that she doesn’t do everything she can for him, because he is white. Eventually, her basic humanity informs that this white man is poor and needs help. But she decides that he should get help from “one of his own kind”. She refers him to a white lawyer.
To the extent the original clip and Breitbart's description portrayed Sherrod as having engaged in a racist act in the past, such implication literally was true, as Sherrod admits. The actions people in the Obama administration took, and the conclusions the media drew from that literal truth may have been unfair and precipitous, but that does not make the clip defamatory.

I think Sherrod's chances of winning a suit are much, much weaker than portrayed by Stein and the people he quotes.

Any such suit would be political in nature, done for some ulterior motive.

Which, as I have pointed out, may not be the worst of outcomes for Breitbart, because a lot of people will be in the hot seat.

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Related Posts:
Shirley Sherrod May Make Andrew Breitbart's Day
Context! For We, But Not For Thee
Shocked - Think Progress Misleading Anti-Tea Party Video

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The Real Reason The ADL Is Against The Cordoba Mosque

The Anti-Defamation League has come out against the building of a huge Islamic center and Mosque near Ground Zero.

Here is the key passage from the ADL statement:

Proponents of the Islamic Center may have every right to build at this site, and may even have chosen the site to send a positive message about Islam. The bigotry some have expressed in attacking them is unfair, and wrong. But ultimately this is not a question of rights, but a question of what is right. In our judgment, building an Islamic Center in the shadow of the World Trade Center will cause some victims more pain – unnecessarily – and that is not right.
Predictably, the surprising announcement has set off a fury of "first they came for" statements from the left-wing bloggers who usually act in sympathy with the ADL - except when it comes to Israel. The schism between pro-Israel Jews and Israel-meh Jews has been exposed in full force.

People who probably threw hissy fits as kids about having to go to Hebrew School instead of being able to watch TV after public school now remember the lessons learned in religious class as if they were Talmudic scholars.

I think the ADL is dancing around the issue. I don't believe the ADL is motivated primarily by sensitivities to the feelings of victims.

Rather, the ADL, like many of us, does not want to deal with the reality that regardless of the motivations of the individuals who will visit the Mosque, al-Qaeda and Islamists will portray the Mosque complex as the final conquest of The World Trade Center.

The thought of Adam Ghadan, or Ayman al-Zawahiri, or Osama bin Laden issuing a video or audiotape crowing about the ultimate victory, is too much for most Americans of all religions to bear.

The people behind and supporting the Cordoba Mosque surely know that it is not about religious freedom. No one is preventing the building of Mosques in New York City.

At the end of the day, we as a free society must err in favor of allowing the building of religious institutions anywhere religion-neutral laws allow. But that does not change the truth of what is going on with the Cordoba Mosque.

They should have picked a different location. Because respect is not a one-way street.

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Friday, July 30, 2010

Arizona Appeal To Be Argued Election Week

The 9th Circuit Court of Appeals has denied the State of Arizona's motion to expedite the appeal from the preliminary injunction enjoining key provisions of S.B. 1070. (h/t Michelle Malkin) The Department of Justice has objected to an expedited briefing schedule.

The case now will be argued the week of November 1.

That may make DOJ lawyers happy, because they will have more time to put together their brief.

But it will not make Democratic politicians happy to have the Arizona case on the front page as voters are walking into the voting booth on November 2.

Democrats wished too hard for something, and they got it.

U.S. v. Arizona - 9th Cir - Order Denying Motion to Expedite Appeal
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Let's Play "If a Tea Party Supporter Had Said That"

There are "elements" within the Democratic Party.

Frightening elements.

Don't talk to me about context. Or try to explain that the words do not mean what they appear to mean.

These were hateful words which must be taken in isolation and then attributed to all Democrats, because that is the way it is done to Tea Party supporters.

Look what the Democrats' paranoid style of politics has led to:
This is just the past week. Surely there are many more examples?

Think Progress film at 11.

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Related Posts:
Diversity Consultant Throws The K-Bomb
Context! For We, But Not For Thee
Shocked - Think Progress Misleading Anti-Tea Party Video

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They're Losing It

The Democrats have a new hero, now that Alan Grayson is so yesterday:



Update 8:30 p.m.: Sorry I couldn't update this sooner, but I've been in the car almost all afternoon. The good news is that while in the car I heard Weiner and Peter King on Hannity's radio show debating the legislation (concerning additional funds for 9/11 responders) which gave rise to Weiner's rant. The short story is that the rant was all for show; the Democrats have the votes to pass the bill (255 total) but have decided to use a special procedure that would shut out any amendments but requires 290 votes, which they don't have.

Allahpundit explains the background and why the Democrats did not want any amendments offered.

Weiner is a pathetic joke. He and the Democrats deliberately are not passing legislation so that they can run commercials in the fall about how the bad Republicans would not vote to help 9/11 responders.

Here is an earlier video explaining Weiner's stunt:



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Poll: Angle-Reid In Dead Heat

Just yesterday I told you that Harry Reid was beatable.

Today The Las Vegas Review Journal has released a new Mason-Dixon poll showing Reid and Sharron Angle in a virtual dead heat, compared to a poll two weeks ago which showed Reid with a 7 point lead:
The new survey by Mason-Dixon Polling & Research shows Reid and Angle neck and neck. The Senate majority leader would win 43 percent and Angle 42 percent of support from likely Nevada voters if the election were held now. The margin of error is plus or minus 4 percentage points on the statewide telephone survey of 625 registered voters taken Monday through Wednesday.

A July 12-14 Mason-Dixon poll showed Reid 7 points ahead of Angle, 44-37. It was the best showing for the four-term incumbent -- and the worst for Angle -- in a head-to-head matchup, according to a series of surveys for the Review-Journal since last year.

Reid is viewed unfavorably by 51%, versus 47% for Angle.

60% of Nevadans see the country as being on the wrong track. Considering that Harry Reid is the engineer driving the train down that wrong track, Reid has problems.

Now, can we stop being so damn doomy and gloomy?

Update: Even He is starting to believe.

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Related Posts:
The Good News - 48% of Nevadans Still Strongly Dislike Harry Reid
It Is Not. Over. At all. In Reid v. Angle
The Announcement Of The Death Of Sharron Angle's Campaign Is Premature

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A Journolista Wonders: "Was It All For Nothing?"

Chris Muir takes note:


Worry not, Dear Journolistas,

You still have your youthful snark, irrelevant wit, what the f@#k kick ass attitudes, and epistemic closures;

and you still can suckle at the informational bosom of Mother Media Matters, and call it journalism.

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My One Question for WaPo Regarding The Journolist
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They Have Nothing To Fear, But Fear Itself

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Thursday, July 29, 2010

DOJ Objects To Expedited Arizona Appeal

Arizona has requested that the 9th Circuit Court of Appeals set an expedited briefing schedule which would have the case fully briefed in just over one month. This is about half the time normally allotted for briefing in appeals from a preliminary injunction.

The U.S. Department of Justice has just filed an opposition to the motion, arguing that the regular schedule should be followed, which would not have the case fully briefed until October 7, 2010. DOJ stated that it did not want its usual 28 day time period shortened, even if Arizona shortened its own time for briefing.

U.S. v. Arizona - 9th Cir - U.S. Opposition to Motion to Expedite Appeal

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Note to Viewers

I have not watched any clips of Obama on The View.

I will not watch any clips of Obama on The View.

Although I still may comment about Obama on The View, anyway, because I have seen photos of Obama on The View (I tried not to look).

For now, everything I need to know about Obama on The View, I learned from Michael Ramirez.

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Shirley Sherrod May Make Andrew Breitbart's Day

Shirley Sherrod is going to sue Andrew Breitbart, she says. The liberal internets are all aTwitter with joy. Andy finally is going to get his comeuppance.

It is unclear what the grounds for the suit would be.

Defamation? For what, showing a two-minute clip of her speech, and not showing the rest of the speech (which Breitbart apparently did not have a copy of)? For calling her comments "racist" when she admitted in the speech, at a minimum, to formerly being a racist?

Interference with her employment? When she resigned and turned down the job when she was offered it after her resignation?

For portraying her in a false light? Really? I'd like to see the movie of her real light.

The legal issues -- was she a public figure? -- may not take this case past a motion to dismiss at the start of the case.

But, let's say the lawsuit does get off the ground, and moves forward into discovery.

Will Sherrod assert that her reputation has been damaged? By claiming reputational harm, Sherrod opens up almost her entire life to scrutiny, which is why so many people are hesitant to assert a defamation claim.

Will Sherrod assert the loss of her job as damages? This would permit Breitbart to take depositions up the chain of command, from the person who made the infamous "pull over to the side of the road" phone call, to Tom Vilsack, to the people in the White House.

Now, I'm sure Breitbart does not want to be sued, even though he probably has insurance anyway, which at least would cover the defense costs.

But, if having to defend a suit of dubious merit allows Breitbart to put Sherrod's life on trial, to conduct an inquiry into the NAACP and Sherrod's connections in the movement, and to take the depositions of administration officials, that might just be a price Breitbart is happy to pay.

After all, the show must go on.

Update 7-30-2010: Real Sherrod Story Still Untold, and Breitbart is just the guy to tell it. Somehow, I don't think she really will sue.

Update 7-31-2010: See my new post, The Original Sherrod Clip Was Not "False".

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Diversity Consultant Throws The K-Bomb
Context! For We, But Not For Thee
Shocked - Think Progress Misleading Anti-Tea Party Video

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My One Question for WaPo Regarding The Journolist

More from The Daily Caller today, detailing the political connections on the Journolist, where Obama operatives, Democratic political strategists, and liberal media types mixed:
Despite its name, membership in the liberal online community Journolist wasn’t limited to journalists. Present among the bloggers, reporters and editors were a number of professional political operatives, including top White House economic advisors, key Obama political appointees, and Democratic campaign veterans. Some left government to join Journolist. Others took the opposite route. A few contributed to Journolist from their perches in politics. At times, it became difficult to tell who was supposed to be covering policy and who was trying to make it.

Two of the administration’s chief economic advisors, Jared Bernstein, the vice president’s top economist, and Jason Furman, deputy director of the National Economic Council, were members of Journolist until they began working officially for Obama.

Ilan Goldenberg, now an advisor on Middle East policy at the Pentagon, was a member until he joined the administration. Moira Whelan left Journolist to work at the Department of Homeland Security .

Anne-Marie Slaughter left to work at the State Department. Former Journolist member Ben Brandzel is now a top staffer at Organizing for America, the political arm of the Obama White House.

Josh Orton, a former spokesman for Sen. Majority Leader Harry Reid (D-NM)[sic - should be NV], became Obama’s deputy director of new media during the 2008 presidential campaign. After the election, he joined Journolist.

Brent Bozell has 20 questions for The Washington Post about its knowledge of and involvement with the Journolist.

I have just one question:
In which Washington, D.C. area parking garage will the entire Journolist archive be handed over to us?



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The Good News - 48% of Nevadans Still Strongly Dislike Harry Reid

Rasmussen released its latest polling results in Nevada, showing Harry Reid up 45-43%. The numbers are almost identical to a recent PPP poll; an earlier Mason-Dixon poll showed Reid with a larger lead.

The polls all are consistent in showing that despite the power of incumbency and huge campaign spending, Harry Reid cannot seem to raise his favorability numbers much.

Take a closer look at the Rasmussen numbers, and you will understand that this race is winnable in this year by Sharron Angle.

While unfavorable ratings are even, those who strongly dislike Reid far outnumber those who strongly dislike Angle (emphasis mine):
But 48% of the state’s voters have a Very Unfavorable view of Reid. Forty-one percent (41%) say the same of Angle. Overall, 55% have at least a somewhat unfavorable opinion of Reid and 56% view Angle at least somewhat unfavorably.
Likely voters also self-identify significantly more conservative than liberal:
Forty-five percent (45%) of Nevada’s Likely Voters consider themselves at least somewhat conservative and 24% consider themselves at least somewhat liberal. Those figures include 18% who are Very Conservative and 6% who are Very Liberal.
Yet likely voters view Reid overwhelmingly as liberal, which puts him out of touch ideologically with the electorate:
Sixty-two percent (62%) describe the longtime Democratic senator as a liberal, and 50% characterize his views as extreme. Forty-one percent (41%) put Reid in the mainstream.

Angle, who is seen as a conservative by 81% of the state’s voters, is viewed as holding extreme views by 58%. Thirty-seven percent (37%) see the GOP nominee in the mainstream.

Reid's relentless attacks, supported by a sympathetic mainstream media and active left-wing blogosphere, have increased Angle's negatives.

But, as the paragraph above shows, Reid still is viewed as "extreme" by half the voters. And among independents, slightly more view Reid as "extreme":
Among voters not affiliated with either major party, 55% consider Reid’s views extreme while 52% say the same about Angle.
What these numbers show is what everyone knew. Harry Reid was able to take advantage of a superior campaign machine and deep pockets in the several weeks after the primary, but Reid remains very unpopular.

Would I prefer that Angle were up 2%? Of course.

But to paint a picture of doom and gloom is completely misplaced and plays into one of Reid's main campaign themes of inevitability. I am with Ed Morrissey:
Assuming the Angle campaign gets onto better footing and starts getting its ads on television, this race can still be won.
I particularly like this observation from the otherwise gloomy Jim Geraghty:
One big reason Reid is in trouble is that the agenda he’s working to enact in Washington is the opposite of what Nevadans want.
The Rasmussen poll, coming after the best six weeks Harry Reid ever will have, may mark the high water mark for Reid, unless he can move the 48% of likely voters who still strongly dislike him.

When you have been around for decades so everyone knows you, when you have spent several million dollars attacking your opponent almost unopposed for weeks, and when 48% of likely voters still really don't like you, you are Harry Reid and you are beatable.

Update and Question: Similar analysis from Erick Erickson, Sharron Angle is in a Good Position Against Harry Reid, and Kathryn Jean Lopez, Sharron Angle Is in It.

Now, will the right-blogosphere finally get interested in this race, or will we continue to allow the nutroots (TPM, Greg Sargent, Reid plants, etc.) to pound the keyboards unanswered?

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Related Posts:
It Is Not. Over. At all. In Reid v. Angle
The Announcement Of The Death Of Sharron Angle's Campaign Is Premature
Sharron Angle Cannot Win - Just Like Scott Brown

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Wednesday, July 28, 2010

Helplessness and Anarchy

The result of the injunction granted today by the federal court in Arizona preventing the key provisions of S.B. 1070 from taking effect is not just the maintenance of the status quo.

At a legal level, it is true that nothing has changed. S.B. 1070 never took effect, so no law was lost.

At a more realistic level, everything has changed.

States have been left helpless to deal with the anarchy created by the failure of the federal government to enforce border security. Whereas yesterday it was unclear how far states (such as Rhode Island) could go, today states are powerless.

The inability of a state to implement a policy of checking the immigration status even of people already under arrest for some other crime is remarkable.

While I cannot blame the Judge for striking some provisions of S.B. 1070 (particularly those creating independent criminal sanctions), the ruling as to checking the status of people already under arrest is mind-numbing.

As a reader to my prior post points out, states already routinely run searches for a variety of statuses, including outstanding warrants, child support orders, and non-immigration identity checks. Each of these checks potentially could delay release of an innocent person or burden some federal agency.

The Judge's reasoning, particularly that the status check provision violated the 4th Amendment even as to persons already under arrest, applies just as easily to these other status checks.

With a federal government which refuses to take action at the border until there is a deal on "comprehensive" immigration reform, meaning rewarding lawbreakers with a path to citizenship, this decision will insure a sense of anarchy. The law breakers have been emboldened today, for sure.

As it stands this afternoon, it is perfectly rational for someone faced with the choice of obeying the immigration laws or not, to choose not to do so. The choice of lawlessness makes a lot more sense than spending years winding through the byzantine legal immigration system, because the end result will be the same but lawlessness gets you here more quickly.

When the law and the federal government reward lawlessness, something is very wrong.

Update 7-29-2010: As others have noted, the Judge enjoined the checking of status of arrestees by reading the second sentence of Section 2(B) ("Any person who is arrested shall have the person's immigration status determined before the person is arrested") as completely independent of the first sentence, which requires reasonable suspicion prior to a status check. That reading by the Judge plainly is wrong, since the first sentence specifically references the requirement of reasonable suspicion after "any lawful stop, detention or arrest...." (emphasis mine) The language of the statute fully supported the state's position, which the judge rejected, that the state only intended to check the status of arrestees as to whom there was reasonable suspicion, and who did not have any of the accepted forms of identification. Given the Judge's rulings on preemption and the 4th Amendment, I'm not sure the result would have been any different had she read the statute correctly.

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Arizona Law Upheld In Part - Order and Analysis Here (Update: Strikes Most Key Provisions)

The Court in Arizona has upheld the Arizona immigration law in part.

Here is how The Wall Street Journal characterizes the holding:
A judge has blocked the most controversial sections of Arizona's new immigration law from taking effect Thursday, handing a major legal victory to opponents of the crackdown.

The law will still take effect Thursday, but without many of the provisions that angered opponents—including sections that required officers to check a person's immigration status while enforcing other laws. The judge also put on hold a part of the law that required immigrants to carry their papers at all times and made it illegal for undocumented workers to solicit employment in public places.
The decision was a surprise to me in that it struck the provision -- which was most controversial -- as to checking immigration status of persons already arrested or stopped for some other offense if there were a reasonable suspicion that the person was in the country illegally.

In rejecting the provision as to checking the status of persons arrested, the Judge found that the legislative language, which had been adjusted by amendment, was not effective (at pp. 14-15):
The Court first addresses the second sentence of Section 2(B): “Any person who is arrested shall have the person’s immigration status determined before the person is released.”

Arizona advances that the proper interpretation of this sentence is “that only where a reasonable suspicion exists that a person arrested is an alien and is unlawfully present in the United States must the person’s immigration status be determined before the person is released.” (Defs.’ Resp. to Pl.’s Mot. (“Defs.’ Resp.”) at 10.) Arizona goes on to state, “[T]he Arizona Legislature could not have intended to compel Arizona’s law enforcement officers to determine and verify the immigration status of every single person arrested – even for United States citizens and when there is absolutely no reason to believe the person is unlawfully present in the country.” (Id.)

The Court cannot interpret this provision as Arizona suggests. Before the passage of H.B. 2162, the first sentence of Section 2(B) of the original S.B. 1070 began, “For any lawful contact” rather than “For any lawful stop, detention or arrest.” (Compare original S.B. 1070 § 2(B) with H.B. 2162 § 3(B).) The second sentence w s identical in the original version and as modified by H.B. 2162. It is not a logical interpretation of the Arizona Legislature’s intent to state that it originally intended the first two sentences of Section 2(B) to be read as Section 2(B) are clearly independent of one another. Therefore, it does not follow logically that by changing “any lawful contact” to “any lawful stop, detention or arrest” in the first sentence, the Arizona Legislature intended to alter the meaning of the second sentence in any way. If that had been the Legislature’s intent, it could easily have modified the second sentence accordingly."
The result of this statutory interpretation was that the Court found the procedure -- as written -- to interfere with the federal immigration scheme:
Thus, an increase in the number of requests for determinations of immigration status, such as is likely to result from the mandatory requirement that Arizona law enforcement officials and agencies check the immigration status of any person who is arrested, will divert resources from the federal government’s other responsibilities and priorities.
The Court also opined on potential 4th Amendment issues with the law, and used that as a second basis for the decision (at p. 16):
Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked. Given the large number of people who are technically “arrested” but never booked into jail or perhaps even transported to a law enforcement facility, detention time for this category of arrestee will certainly be extended during an immigration status verification.
Similar reasoning was used in striking the provisions as to status checks during stops (short of arrest).

The decision has to be viewed as a near complete victory for opponents of the law, as it restricts the state from routine and compulsory checks of immigration status as a matter of legislative mandate.

The decision would not, as I read it, prevent police from checking immigration status in a particular case, but would prevent a statewide system to do so.

The result of the decision will be to have a chilling effect on law enforcement officers who, in the absense of the law, would have checked immigration status based on reasonable suspicion anyway. Enforcement of immigration laws in Arizona, as a result of the decision, will be even more difficult than prior to S.B. 1070.

The only portions of the law [added: other than those not specifically challenged by the federal government, see pp. 2-3] upheld were:
A.R.S. § 13-2929: creating a separate crime for a person in violation of a criminal offense to transport or harbor an unlawfully present alien or encourage or induce an unlawfully present alien to come to or live in Arizona
and
A.R.S. § 28-3511: amending the provisions for the removal or impoundment of a vehicle to permit impoundment of vehicles used in the transporting or harboring of unlawfully present aliens
[Note to readers: The analysis above has been adjusted from the original as time permitted a more complete reading of the decision]

Update: My thoughts on the result, Helplessness and Anarchy

U.S. v. Arizona - Order on Motion for Preliminary Injunction
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