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Jerry Nadler Tries To Mislead A District Court Judge And The DOJ, Gets Clobbered

Westlake Legal Group jerry-nadler-monkey-face-j-620x317 Jerry Nadler Tries To Mislead A District Court Judge And The DOJ, Gets Clobbered the DOJ President Trump impeachment investigation Jerry Nadler Impeachment of President Trump Front Page Stories Featured Story donald trump Don McGahn refusal to testify District Court Chief Judge Beryl Howell democrats Courts corruption collusion Allow Media Exception Abuse of Power 2020

Judiciary Committee Chairman Jerrold Nadler, D-N.Y., gives his opening statement as former special counsel Robert Mueller testifies before the House Judiciary Committee hearing on his report on Russian election interference, on Capitol Hill, Wednesday, July 24, 2019, in Washington. (AP Photo/Alex Brandon)

 

Americans have moved on from the Russian collusion hoax, but House Democrats just can’t seem to let go.

House Judiciary chairman, Jerry Nadler, has two goals at the moment. He would like former White House counsel Don McGahn to testify before his committee. Additionally, he is seeking the secret grand jury information from the Mueller investigation.

In order to prevent “attempts to game the system by shopping” for a friendly judge, cases are assigned to judges randomly. If two cases are related, it is sometimes possible to link them. This would be advantageous if a sympathetic judge had been assigned to the first case and the plaintiff believes the judge would rule favorably on the second case. However, the cases must be related.

Nadler tried to link the two above mentioned cases. The first, regarding the subpoena for Don McGahn, is a civil case and the second, their request to view grand jury material is a federal case. The House Judiciary panel claims the cases are related because they are both part of their “impeachment investigation” of Trump. They identify McGahn as the “most important witness, other than the President, to the key events that are the focus of the Judiciary Committee’s investigation.”

In a one-two punch, Nadler’s request was torpedoed by both the DOJ and the Washington, D.C. District Court Chief Judge, Beryl Howell.

In a Tuesday court filing, the DOJ alleged that Nadler and the other Democratic members of the Judiciary Committee were trying to exploit this exception. They argued:

The panel improperly sought to connect the McGahn case to the grand jury case simply because they’re both part of their investigation of President Trump.

This later-filed, subpoena-enforcement suit involves no issues of fact or law common to the earlier Grand Jury application, nor does it focus on a common event or transaction such that the matters would be ‘related.’

On Wednesday, Judge Howell followed suit. She wrote:

At first blush, the House Judiciary Committee’s view that the related case rule applies is understandable. Nonetheless, closer examination demonstrates that these connections between the two cases are too superficial and attenuated for the instant McGahn Subpoena Case to qualify.

The committee’s request to unseal secret grand jury information from former special counsel Robert Mueller’s probe has to do with the application of the law under the Federal Rules of Criminal Procedure, while the McGahn case is a civil matter dealing with enforcing a subpoena where immunity has been asserted.

The DOJ also claimed:

The term ‘related’ refers to cases that have ‘common issues of fact or stem from a common event or transaction. The committee gets it backwards because they are trying to relate completely unrelated cases simply because it filed them in service of its overarching desire to bring various matters together in its investigation of the President.

McGahn’s refusal to comply with a subpoena is the real ‘event or transaction’ in this case, not the Committee’s asserted ‘impeachment investigation.’

Howell echoed the DOJ’s argument, noting that “the legal issues in the grand jury case, are entirely absent from the McGahn case.”

Both Howell and the DOJ made the point that McGahn refused to testify in May, yet Nadler’s committee “waited until August – soon after filing the grand jury information case – to sue over it.”

I guess that would be a no, Jerry.

The post Jerry Nadler Tries To Mislead A District Court Judge And The DOJ, Gets Clobbered appeared first on RedState.

Westlake Legal Group jerry-nadler-monkey-face-j-300x153 Jerry Nadler Tries To Mislead A District Court Judge And The DOJ, Gets Clobbered the DOJ President Trump impeachment investigation Jerry Nadler Impeachment of President Trump Front Page Stories Featured Story donald trump Don McGahn refusal to testify District Court Chief Judge Beryl Howell democrats Courts corruption collusion Allow Media Exception Abuse of Power 2020   Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

Many Prominent Names Revealed After 2,000 Documents In Jeffrey Epstein Case Are Unsealed

Westlake Legal Group jeffrey-epstein-620x317 Many Prominent Names Revealed After 2,000 Documents In Jeffrey Epstein Case Are Unsealed Virginia Roberts Giuffre Sen. George Mitchell prince andrew Jeffrey Epstein Glenn Dubin Front Page Stories Featured Story democrats Culture crime Courts corruption Bill Richardson Allow Media Exception Abuse of Power

FILE- In this July 30, 2008 file photo, Jeffrey Epstein is shown in custody in West Palm Beach, Fla. Labor Secretary nominee Alexander Acosta is expected to face questions at his Senate confirmation hearing about an unusual plea deal he oversaw for Epstein, a Florida billionaire and sex offender, as U.S. attorney in Miami. (AP Photo/Palm Beach Post, Uma Sanghvi, File)/Palm Beach Post via AP)

 

I doubt too many people will be lining up to pay their respects to accused sex trafficker Jeffrey Epstein who reportedly hanged himself on Friday night in his jail cell. My colleague, T. LaDuke, posted earlier about Epstein’s death here.

If he hadn’t allegedly tried to hang himself two weeks ago, one may have thought his decision to commit suicide last night may have had to do with the fact that over 2,000 documents were unsealed yesterday by the U.S. Attorney’s Office for the Southern District of New York. On July 18, I posted that those records were expected to be unsealed within days here.

At that time, one of the lawyers involved in the case told Vanity Fair that, “It’s going to be staggering, the amount of names. It’s going to be contagion numbers.”

Another said, “Nobody who was around Epstein a lot is going to have an easy time now. It’s all going to come out.”

The court records “include affidavits and depositions of key witnesses” stemming from a 2015 civil defamation lawsuit filed against both Epstein and his former girlfriend and ex-madam, Ghislane Maxwell, by Virginia Roberts Giuffre.

Giuffre alleges that Epstein and Maxwell “kept her as a “sex slave” in the early 2000s when she was underage.” According to Fox News, in one of the unsealed documents Giuffre claims “she was forced to have sex with former Senate Majority Leader George Mitchell and ex-New Mexico governor and Clinton cabinet official Bill Richardson.”

Giuffre is currently 33.

Sen. Mitchell, now 85, told Fox “The allegation contained in the released documents is false. I have never met, spoken with or had any contact with Ms. Giuffre.”

However, a former Epstein employee, Juan Alessi, states in a sworn affidavit disputes the senator.

A spokesman for Richardson told Fox that the allegations are “completely false.”

Fox News reports:

Giuffre claimed in a May 2016 deposition to have been trafficked to have sex with and provide erotic massages to powerful politicians, foreign leaders and well-heeled businessmen. In ordering the documents released, the U.S. Court of Appeals for the Second Circuit also warned that the allegations contained within them are not necessarily proven.

Giuffre alleged in her own deposition that she was allegedly forced to have sex with Richardson, 71, Britain’s Prince Andrew, Hedge Fund manager Glenn Dubin, American scientist Marvin Minsky, “another prince,” “a large hotel chain owner,” Stephen Kauffman, and model scout Jean Luc Brunell.

All of those implicated so far have denied their involvement.

A spokesman for Dubin told Fox, “Glenn and Eva Dubin are outraged by the allegations in the unsealed court records, which are demonstrably false and defamatory.”

According to the documents, “Giuffre allegedly had sexual relations with Prince Andrew in three separate locations—Maxwell’s London apartment, New York, and Epstein’s private island, Little St. James, in the U.S. Virgin Islands.”

Also included in the documents are flight logs including names of passengers aboard the private jet.

The records are unsealed. I am not a lawyer, so I don’t know what effect, if any, Epstein’s death will have on their status. But I would imagine reporters poured over the documents quite thoroughly on Friday.

Read the whole article here.

The post Many Prominent Names Revealed After 2,000 Documents In Jeffrey Epstein Case Are Unsealed appeared first on RedState.

Westlake Legal Group jeffrey-epstein-300x153 Many Prominent Names Revealed After 2,000 Documents In Jeffrey Epstein Case Are Unsealed Virginia Roberts Giuffre Sen. George Mitchell prince andrew Jeffrey Epstein Glenn Dubin Front Page Stories Featured Story democrats Culture crime Courts corruption Bill Richardson Allow Media Exception Abuse of Power   Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

Intellectual Property: Constitutional, and Crucial to Economic and National Security

Westlake Legal Group l_intellectual-property-thieves-hit-manufacturers Intellectual Property: Constitutional, and Crucial to Economic and National Security trademark Technology Rep. Thomas Massie Politics Policy Patents Legislation law judicial activism Judicial Judge Lucy Koh intellectual property theft Intellectual Property Protections Intellectual Property Government Front Page Stories Front Page Federal Trade Commission Economy Courts copyright China Capitalism Barack H. Obama

The Founding Fathers – were exceedingly intelligent individuals.  They established for us with their Constitution a framework – which allowed us to create the most successful society in humanity’s history.

And the Founding Fathers – loved Intellectual Property (IP).  Because they knew how vital its protection was to their fledgling nation.

Behold the Constitution’s Article 1, Section 8, Clause 8:

“The Congress shall have Power To…promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries….”

That means patents, trademarks and copyrights.

Two-and-a-half centuries later – nothing has changed about IP and its protection.

We are in the very early stages of the global Information Economy.  Where more and more things of value – are digital rather than physical.

As but one example:

Almost no one anymore purchases vinyl records or compact discs.  Does that mean music and its industry are dead?  Of course not.  People are purchasing digital versions of the tunes that used to be on wax or plastic.

But old principles – apply to new formats.

Downloading-without-payment the music you want – is stealing.  In exactly the same way walking out of a Tower Records with un-purchased product – was stealing.

IP – is IP.  No matter in what form or format it exists.

IP protection – is vital to our economic security.

As but one example:

We spend the hundreds of billions of dollars necessary to invent things.  Then the mass heists begin.

Individual actors stealing us blind is bad enough.  Nations like Communist China – steal our IP as national industrial policy.

China steals our IP – to the tune of between $225 billion and $600 billion every single year.

And the US has spent decades – doing absolutely nothing about it.

Which means we have spent decades – handing Communist China a multi-trillion-dollar head start on the Information Economy that is now underway.

Which is an ongoing, rolling, titanic breach of our economic security.

And quite often – a national security breach as well.

As but one example:

The world is currently in a race to the 5G (Fifth Generation) wireless network.  This is a quantum leap forward from 4G – as it will birth the Internet of Things.  Where just about every inanimate object everywhere – will be connected to the Web.

Just as we are finally becoming more aware of the massive privacy problems of the Internet – we are about to incalculably increase the data we upload to it.

The way the wireless world works is: The country that gets to 5G first – gets to set the global standards.

The US has been first to each previous network upgrade – which means we’ve so far always set the standards.

And we have been first in the world at each stage – thanks almost exclusively to San Diego, California company Qualcomm.

Qualcomm Leading All The Way

Qualcomm Wireless Leadership Wins Out

Qualcomm Raises Wireless Stakes with Full 5G Modules and More RF Offerings

Setting the global standards for 5G – is orders-of-magnitude more important than doing so for all previous generations combined.

And right now, the race to get there is between US…and Communist China.  And that means the race is largely between Qualcomm – and Communist China’s Huawei.

Chinese Government Helps Huawei with 5G

Huawei a Key Beneficiary of China Subsidies that US Wants Ended

The History of Tech Giant Huawei and the Chinese Government

The nation that sets the 5G standards – can ostensibly establish all sorts of network theft, blocking and outright shutdown protocols on the network.  A catastrophic national security nightmare mess in waiting.

I am quite sure the US and Qualcomm won’t do anything like that.  I am nowhere near as confident about Communist China and Huawei.

And it ain’t just us thinking this way when it comes to IP protection, the 5G wireless race – and our economic and national security.

Behold the United States Department of Justice (DoJ).  Actually, very much of the entire Donald Trump Administration.

Qualcomm is currently continuing to face a dire and very ridiculous lawsuit filed by the Barack Obama Federal Trade Commission (FTC).

On which a dire and very ridiculous ruling was delivered by uber-activist, anti-IP, Obama-appointee Judge Lucy Koh.  Whose unilateral inanity threatens to destroy Qualcomm – and the entirety of patent licensing in the US and the world.

Qualcomm has filed an appeal – and for a stay on Koh’s ridiculous ruling.

On which the Trump Administration has weighed in.  It filed a “Statement of Interest Concerning Qualcomm’s Motion for Partial Stay of Injunction Pending Appeal.”  In which it sounded many of the very alarms we have above (and many, many times before).

Some of the very many really important excerpts therefrom:

“In the view of the Executive Branch, diminishment of Qualcomm’s competitiveness in 5G innovation and standard-setting would significantly impact U.S. national security.”

“In these rare circumstances, the interest in preventing even a risk to national security – ‘an urgent objective of the highest order’ – presents reason enough not to enforce the remedy immediately.”

“For DoD, Qualcomm is a key player both in terms of its trusted supply chain and as a leader in innovation, and it would be impossible to replace Qualcomm’s critical role in 5G technology in the short-term. For that reason, DoD is seriously concerned that any detrimental impact on Qualcomm’s position as a global leader would adversely affect its ability to support national security.”

— Ellen M. Lord, Under Secretary of Defense for Acquisition and Sustainment.

“The Department [of Energy] is concerned that the unique role played by Qualcomm in the U.S. telecommunications supply chain would not be filled by another U.S. entity, thereby allowing foreign-aligned firms to advance and drive the development and intellectual property underpinnings of international 5G standards instead of the U.S.”

— Max Everett, Department of Energy Chief Information Officer.

“This is a critical time in the development of the 5G landscape in terms of standard setting. The decisions that are made now will have ramifications for decades and weakened U.S. industry leadership in this area would ripple into the future. Without the voice of U.S. industry, other competitor nations could stifle standards that support innovation, competitiveness, and an open ecosystem—in favor of standards which would support the parochial goals of a single state-owned company.”

— Ellen M. Lord, Under Secretary of Defense for Acquisition and Sustainment.

“5G capable handsets are being prepared by manufacturers today for deployment over the next two years, and critical standards decisions on the more advanced features and technologies that drive 5G will occur over that same time period. If Qualcomm is not able to compete and provide chipsets for those handsets, or fully engage in the standards process, foreign entities that may not support supply chain secure solutions may make irreversible gains in the chipset market and 5G standards.”

— Max Everett, Department of Energy Chief Information Officer.

US economic and national security – direly threatened by a single activist judge’s anti-Constitutional ruling.

Reminding us yet again:

The further removed from the Constitution something is – the more awful and damaging that something is.

Here’s hoping we can pull this Obama-legacy-induced looming catastrophe – back from the precipice of the abyss.

The post Intellectual Property: Constitutional, and Crucial to Economic and National Security appeared first on RedState.

Westlake Legal Group l_intellectual-property-thieves-hit-manufacturers-300x177 Intellectual Property: Constitutional, and Crucial to Economic and National Security trademark Technology Rep. Thomas Massie Politics Policy Patents Legislation law judicial activism Judicial Judge Lucy Koh intellectual property theft Intellectual Property Protections Intellectual Property Government Front Page Stories Front Page Federal Trade Commission Economy Courts copyright China Capitalism Barack H. Obama   Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

“He Counts Judges”: Conan O’Brien Asks How Cocaine Mitch Sleeps at Night, Gets Brilliant Response

Westlake Legal Group CocaineMitch “He Counts Judges”: Conan O’Brien Asks How Cocaine Mitch Sleeps at Night, Gets Brilliant Response washington D.C. Supreme Court Social Media SCOTUS republicans Politics North Carolina Mitch McConnell Media Kentucky judicial nominees Judicial Hollywood Front Page Stories Front Page Featured Story Featured Post Entertainment democrats Culture Courts Congress Cocaine Mitch Campaigns Allow Media Exception 2020

“Cocaine Mitch” graphic. Image via Team Mitch.

As the self-appointed “Grim Reaper” of the Senate, Majority Leader Mitch McConnell (R-KY) has made it crystal clear that one of his top priorities is getting President Donald Trump’s judicial nominees confirmed.

The Politico reported last week on how the longtime Kentucky Senator was keeping his promises:

Senate Majority Leader Mitch McConnell on Thursday set up votes on lifetime appointments for 19 judicial nominees next week, setting up a busy pre-recess work session on a top GOP priority.

McConnell’s move means likely confirmation of 19 District Court judges; the GOP leader had focused on higher-level Circuit Court judges for the first 30 months of Donald Trump’s presidency, filling all but four vacancies on the appeals courts.

Now McConnell is beginning to work his way through the 111 District Court vacancies even as the House heads home for the summer this week.

[…]

“Not bad for a week’s work and that’s what the Senate will accomplish before we adjourn for August,” McConnell said on the floor.

Naturally, this makes McConnell an enemy in Democratic circles, which might explain why late night TV talk show host Conan O’Brien took a swipe at McConnell’s looks on Monday, asking how the Majority Leader managed to sleep at night:

Twitter user “Vixen Rogue” had a brilliant response:

Even New York Times alums see McConnell’s laser-like focus on filling court vacancies and begrudgingly praise him:

‘Nuff said.

(Hat tip: Twitchy)

—————-
— Based in North Carolina, Sister Toldjah is a former liberal and a 15+ year veteran of blogging with an emphasis on media bias, social issues, and the culture wars. Read her Red State archives here. Connect with her on Twitter. –

The post “He Counts Judges”: Conan O’Brien Asks How Cocaine Mitch Sleeps at Night, Gets Brilliant Response appeared first on RedState.

Westlake Legal Group CocaineMitch-300x167 “He Counts Judges”: Conan O’Brien Asks How Cocaine Mitch Sleeps at Night, Gets Brilliant Response washington D.C. Supreme Court Social Media SCOTUS republicans Politics North Carolina Mitch McConnell Media Kentucky judicial nominees Judicial Hollywood Front Page Stories Front Page Featured Story Featured Post Entertainment democrats Culture Courts Congress Cocaine Mitch Campaigns Allow Media Exception 2020   Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

Federal Judge Dismisses Nick Sandmann’s Lawsuit Against the Washington Post

Westlake Legal Group nick-sandmann-nathan-phillips-j Federal Judge Dismisses Nick Sandmann’s Lawsuit Against the Washington Post William Bertelsman Politics nick sandmann. washington post Nathan Phillips Media Kentucky Front Page Stories Courts Allow Media Exception

If you recall, Nick Sandmann, a junior at Covington (KY) Catholic High School found himself at ground zero of a media frenzy that portrayed him as a racist provocateur based on a heavily edited video that went viral. Not only did the media pile on but a lot of faux conservatives joined the attack to show the rest of us that they were just a lot better people than we were. That, in turn, incited enough death threats that Sandmann’s school was closed for about a week. Had it been a social media and CNN thing it might have been explainable. But, instead, organizations that consider themselves to be news gathering organizations were on the leading edge. And they were there because Sandmann is white. Did I mention that he’s white. He’s Catholic. He was at the March for Life. And he was wearing a MAGA hat. And he was white and wearing a MAGA hat. The alleged victim was a fraudulent sack of pus who claimed to be a Vietnam War veteran and some kind of native shaman or something. But none of that mattered because Sandmann is white and was wearing a MAGA hat.

Sandmann’s family retained counsel and sued several media conglomerates, among them the Washington Post. Today, a federal judge in Kentucky dismissed the case against the Washington Post.

In a 36-page ruling, U.S. District Judge William Bertelsman noted that the Post never mentioned Sandmann by name in its initial coverage of the incident, referring only to groups of “hat wearing teens.” Bertelsman added that “the words used contain no reflection upon any particular individual” and thus could not be constituted as defamation. The judge also ruled that the newspaper used language that was “loose, figurative,” and “rhetorical hyperbole” which is protected by the First Amendment.

This is insane. It is now legal for a major newspaper to single out a teenager and label him a racist and generate an online mob to make death threats and to cause incalculable to the kid’s future because this incident will be on the internet forever, visible to college admissions staff and human relations staff, none of whom are the sharpest tools in the shed and could fail to find the resolution of the issue.

The Sandmann family said they would be asking the appellate court to review the trial court’s decision on appeal.

“I believe fighting for justice for my son and family is of vital national importance,” said Ted Sandmann, Nicholas’ father. “If what was done to Nicholas is not legally actionable, then no one is safe.”

“The law must protect innocent minors targeted by journalists publishing click-bait sensationalized news,” Todd McMurtry, co-counsel for the Sandmann family, said in the statement. “This is especially true in the current hyper-partisan political environment.”

Bingo. What the Washington Post did was wrong and they did it for the political hit against Trump and for the f***ing clicks. What this shows more than anything else is how we are now subjects and not citizens. The institutions of government and the large corporations are allies. They protect one another against the powerless and we’re expected to nod at their wisdom and move on. If a person as private and unknown as Nick Sandmann can be libeled and slandered in this fashion without any recourse to the courts, then none of us is safe from this abuse at the hands of the media with the collusion of judges who are more interested in currying favor with the right people than administering justice.

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The post Federal Judge Dismisses Nick Sandmann’s Lawsuit Against the Washington Post appeared first on RedState.

Westlake Legal Group nick-sandmann-nathan-phillips-j-300x152 Federal Judge Dismisses Nick Sandmann’s Lawsuit Against the Washington Post William Bertelsman Politics nick sandmann. washington post Nathan Phillips Media Kentucky Front Page Stories Courts Allow Media Exception   Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

Supreme Court Hands Trump Administration A Decisive Victory Over A Rogue Judge and the Lawless Ninth Circuit

Westlake Legal Group hogarth-judges-620x512 Supreme Court Hands Trump Administration A Decisive Victory Over A Rogue Judge and the Lawless Ninth Circuit Supreme Court Sierra Club SCOTUS Politics Ninth Circuit Court of Appeals ninth circuit immigration haywood s. gilliam haywood gilliam Front Page Stories Featured Story donald trump democrats Courts California Allow Media Exception

As part of President Trump’s executive action to jumpstart the construction of new miles of a border wall with Mexico, he tapped into several existing pots of money. This is the listing of sources and authorities.

Some quick notes on early coverage of President Trump’s announcement today that pretty much all reporters are missing 1/

The WH did not make one executive action today. In reality they made three, only one of which involved an emergency declaration. 2/

First the WH announced they would be funding $601 million in wall construction from the Treasury Forfeiture Fund, relying on 31 U.S.C. § 9705. This does not require an emergency declaration. 3/

Second, the WH announced they would be funding $2.5 billion in wall construction under 10 U.S.C. § 284 (this is MilCon $ for combating drug trafficking). This does not require an emergency declaration. 4/

Finally, the WH announced they would be funding $3.6 billion under 10 U.S.C. § 2808. This money does require an emergency declaration. 5/

According to the WH this money will be spent sequentially so the § 9705 money will be spent first then the § 284 money then the § 2808 money. 6/

So depending on how fast they can begin construction, they will have to spend over $5 billion (including the $1.3 billion in fencing appropriations) before any of the emergency money is ever tapped 7/

But under the legal regime which now governs the land, Lex Trumpitis, anything Trump wants to do is presumed to illegal and illegitimate, law and precedent be damned. In May, Sierra Club and the Southern Border Communities Coalition, represented by the ACLU, went to court claiming that the money Trump was using from the drug interdiction fund was illegally diverted to the wall. Never mind that the wall clearly served the purpose of drug interdiction. Never mind that under no circumstance did anyone have standing to go into court on behalf of the Congress of the United States and presume to express their will. District Judge Haywood S. Gilliam, an Obama judge–yes, Chief Justice Roberts, there are Obama judges on the court–issued a permanent injunction agreeing that the President and Secretary of Defense did not have the authority to use money appropriated for drug interdiction to interdict drugs. (No word if Haywood Gilliam is related to the distinguished scholar Dr. Haywood Jablowme of Morehead University who has signed many, many progressive petitions over the years.) Let me digress for a moment. This is a classic case of forum shopping for a tame or bent judge. The wall is not being constructed in Gilliam’s district. The contracting office for the project is not in his district. In fact, the wall construction was not even programmed for the Ninth Circuit’s jurisdiction. An yet a lone rogue judge declared the construction project illegal.

The Trump administration appealed to the Ninth Circuit and (shocked face) lost.

In a now familiar pattern, the administration appealed to the US Supreme Court and earlier this afternoon they ruled. In a 5-4 ruling, the court handed the Trump administration a signal victory. It lifted the injunction and said that the plaintiffs in the case most likely did not have any standing to bring the case in the first place. The stay anticipates the Ninth Circuit will rule against the Trump administration and orders the stay to be lifted until the Supreme Court rules on the case should that be necessary.

Hopefully, this is a sign that the Supreme Court is getting impatient with the #Resistance antics that are taking place in the Ninth Circuit and other places. Chief Justice Roberts is an institutionalist and he has to realize the immense damage this flouting of the law by the federal judiciary for the sole purpose of scoring cheap political points on a president the detest is doing to the public perception of the courts. The question is does he have the huevos to make the clown car on the West Coast behave.

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The post Supreme Court Hands Trump Administration A Decisive Victory Over A Rogue Judge and the Lawless Ninth Circuit appeared first on RedState.

Westlake Legal Group hogarth-judges-300x248 Supreme Court Hands Trump Administration A Decisive Victory Over A Rogue Judge and the Lawless Ninth Circuit Supreme Court Sierra Club SCOTUS Politics Ninth Circuit Court of Appeals ninth circuit immigration haywood s. gilliam haywood gilliam Front Page Stories Featured Story donald trump democrats Courts California Allow Media Exception   Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

Is the White House Serious About Slapping Down Rogue Judges or Is This Just Failure Theater

Westlake Legal Group hogarth-judges-620x512 Is the White House Serious About Slapping Down Rogue Judges or Is This Just Failure Theater Politics obama judge jon tigar immigration Illegal Immigration Government Front Page Stories Featured Story failure theater donald trump Courts California Asylum Abuse asylum Allow Media Exception

Yesterday, a federal judge in California issued a temporary nationwide injunction against a final rule published by the Department of Justice last week. That rule (see Trump Makes Major Change To Asylum Rules) required all asylum seekers to seek asylum in at least one country they had passed through on the way to the US and they must have been denied asylum there.

This is only logical and is certainly in line with US immigration law and it is a requirement of the international conventions on asylum. Even though a federal judge in DC tossed on challenge to the new rules yesterday, another judge in San Francisco issued an injunction. The judge, Obama appointee Jon Tigar, has been the Trump administration’s bête noire. He ruled against an order by Trump that said asylum applications would only be accepted at established ports of entry, this effectively made asylum claims impossible for illegals and we can’t have that, can we? And then became famous when President Trump called him an “Obama judge” and Chief Justice John Roberts and Lido Deck conservatives had a cow over the insinuation that judges picked by Obama might want to protect his political legacy of lax enforcement of immigration laws.

The White House was obviously displeased and took the step of calling out the judge’s ruling as the legal equivalent of #FakeNews.

Yesterday evening, a single district judge in California, based on a complaint filed by a few activist groups with no legal standing, issued a nationwide injunction against a lawful and necessary rule that discourages abuse of our asylum system – and did so despite a ruling from another Federal judge earlier in the day rejecting the same request by other plaintiffs and suggesting that the Government was likely to prevail against challenges to the rule. Congress authorized the Department of Justice and Department of Homeland Security to establish categorical limitations on eligibility for asylum, and this rule properly used that authority to encourage migrants to seek asylum in other countries they have traveled through before reaching the United States. The tyranny of a dysfunctional system that permits plaintiffs to forum shop in order to find a single district judge who will purport to dictate immigration policy to the entire Nation – even in the face of a contrary ruling by another Federal court – must come to an end. We intend to pursue all available options to address this meritless ruling and to defend this Nation’s borders.

This is the second time the White House has issued such a statement. The first time was on July 2 after another Ninth Circuit tyrant, this one in Seattle, ruled that illegals had to be granted bail rather than held in detention until their hearing.

Yesterday, a single, unelected district judge in Seattle issued an injunction that prevents the government from ensuring the detention of those aliens who cross the border unlawfully until the completion of their immigration court proceedings. The decision ignores an express statutory prohibition on granting class-wide injunctive relief against enforcement of the immigration laws and also holds unconstitutional a statute passed by bipartisan majorities in Congress during the Clinton administration that specifically prohibits the release of certain immigrants on bond.

The district court’s injunction is at war with the rule of law. The decision only incentivizes smugglers and traffickers, which will lead to the further overwhelming of our immigration system by illegal aliens. No single district judge has legitimate authority to impose his or her open borders views on the country. We must restore our democracy and ensure Americans have the voice to which they are entitled under our Constitution.

This is beginning to look eerily reminiscent of the Failure Theater made famous by Mitch McConnell.

The White House, I think, is trying to ratchet up the pressure on Circuit Courts and the Supreme Court to clamp down on the practice of single federal judges, often far removed from the scene, being selected by court-shopping activists issuing injunctions that have a nationwide effect. And these judges are shopped for, make no mistake about it. Based on the same facts as those before Tigar, another federal judge tossed the case for lack of standing by the plaintiffs. But it walks a delicate line. If it takes the best course of action, which is telling the judge to FOAD while the case makes its way to the Supreme Court, the administration hands the Democrats an issue they can actually benefit from…because right now all they have is being in favor of socialism, high taxes, open borders and sexual perversion.

On the other hand, even its supporters on immigration are getting tired of what is starting to look like Failure Theater. Failure Theater has a distinguished history in the GOP, this is from the birth of the term.

Failure Theater is the process by which the Establishment deliberately fails to do achieve anything, but wants credit from the Dumb Conservatives they’re playing to for allegedly “trying.”

Each of Boehner’s and McConnell’s “defeats” are in fact planned in advance. They are not trying to advance the conservative agenda; they are attempting to con conservatives into believing they have attempted to implement conservative policy, when in fact they were delivering their political deliverables to their Donor Class paymasters all along.

Uneducated, gullible, and easily led: if we stand for this, we are exactly what the Washington Post slurred us as 30 years ago.

And we have covered Failure Theater in all its permutations here at RedState.

President Trump and Attorney General Barr needs to take some action to show that they are willing to do more than issue statements. They have identified the problem correctly. So what? A lot of us did that years ago. But if you aren’t going to fight it, you need to shut up and stop whining about it.

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The post Is the White House Serious About Slapping Down Rogue Judges or Is This Just Failure Theater appeared first on RedState.

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Another Obama-Undoing Great Idea: Plug the Obama-Era Holes In Our Patent Protections

Westlake Legal Group obama-vs-trump-620x324 Another Obama-Undoing Great Idea: Plug the Obama-Era Holes In Our Patent Protections trademark Technology Rep. Thomas Massie Politics Policy Patents Legislation law intellectual property theft Intellectual Property Protections Intellectual Property Government Front Page Stories Front Page Federal Trade Commission Economy Courts copyright China Capitalism Barack H. Obama

It’s been amusing – and more than a mite disturbing – to watch the Barack Obama Contingent spend the entirety of the Donald Trump Administration freaking the heck out.

A particularly interesting wrinkle – has been the Obama Contingent spending the first year-plus screeching (correctly) that Trump was (rightly) undoing everything Obama had done.

Ben Rhodes: Trump Reversing Obama Policies Just Because They Were Obama’s

Donald Trump’s Only Policy Agenda Seems to Be ‘Undo Obama Stuff’

Trump Methodically Undoing Obama Policies

How Trump Is Rolling Back Obama’s Legacy

How Trump Is Undoing the Obama Legacy

Trump Is Undoing Much More Than Obama’s Legacy

Undoing the awful Obama policies worked – utterly unsurprisingly – and we emerged from the awful Obama economy into the sunlight.

How Trump Has Set Economic Growth on Fire

Trump’s Economy Is Roaring

Boom, Baby: Trump’s Economy Just Keeps Getting Better And Better As Stock Market Sets New Record (Again)

Wages, Obama Economy’s Weakest Link, Now Surging Under Trump

Hispanic Unemployment at All-Time Low Under Trump

Black Unemployment Falls to Lowest Level on Record

The Obama Contingent then ridiculously tried to claim the newfound successes…were thanks to Obama.  Whose policies they had just got done whining about Trump thoroughly undoing.

Trump Claims Credit for the Economy. Not So Fast, Says Obama

Obama Swats Trump for Taking Credit for Economic Growth

Obama’s Trump Economy Credit Taking

Trump Fights to Wrest Credit for the Economy from Obama

Biden Tries to Take Full Credit for Trump’s Economic Accomplishments

Several 2020 Dems Have Tried to Credit Obama for Trump’s Economy

This is the Obama Contingent hoping we forget both what they said – and that there is an Internet that never does.

What nationally syndicated radio host (and full disclosure: a friend) Chris Plante calls Newsheimers.

But for anyone not steadfastly impervious to facts – the evidence is in.  Undoing Obama policy – is good policy.

One vitally important policy area that has not yet received the serious Obama undoing required – is Intellectual Property (IP).  And most shamefully, in this spate of awfulness – Obama had Congressional Republican help:

“In this the Digital Age and the Information Economy – Intellectual Property and its protections have only become even more important than that.

“So why did we spend the entirety of the Barack Obama Administration undermining it all?

“The Administration spent its eight years issuing all sorts of regulations and rulings – and filing all sorts of lawsuits – all designed to undermine IP.

“Republicans were hardly better.  In sickening pursuit of Silicon Valley political coin, they gleefully drafted and passed the very awful, very-awfully-misnamed America Invents Act.

“Which – like the Affordable Care Act – did the exact opposite of what the name suggests.  It strip mined IP protections from anyone inventing anything.

“And of course, the-most-anti-IP-President-ever Obama – gleefully signed it.

“The result?  When Obama entered the White House, the US was on the global innovation ranking list – consistently #1 or very close to it.

“By the time we were rid of Obama?

“Intellectual Property Crisis: U.S. Drops Out Of The Top Ten In Innovation Ranking.”

Almost inarguably the worst part of the misnamed America Invents Act?

PTAB: DCs Latest Unaccountable, Power Grabbing Government Board:

“‘The (United States Patent and Trademark Office) USPTO is no longer so friendly towards…patents. In fact, many such patents that have been granted are nowadays being invalidated.…The judges at (the Patent Trial and Advisory Board) PTAB…continue to nuke…patents.’

“Well that’s fantastic.

“DC has reverse-engineered the government entity responsible for issuing patents – to now destroy patents. Patents that government entity its own self had issued – are now destroyed by that same government entity.

“This is insane.

“This is the USPTO saying ‘Congratulations, you have a patent.’ And then saying ‘Psyche. We were just kidding.’…

“Far too frequently – at the behest of huge companies far larger than are you or I.

“Big Government and Big Business win.

“We the Little Guys – We the People – lose.

“As does our nation – and our nations economy.”

The ridiculous PTAB is a fundamental contributor to our precipitous drop off the global IP stage.

Congressional Republicans – have a chance to redeem themselves.

Rep. Massie Introduces New Legislation to Restore America’s Patent System:

“Representative Thomas Massie (R-KY) (has) introduced the Restoring America’s Leadership in Innovation Act of 2018 (H.R. 6264). This legislation would reverse many of the harms that have been caused by recent changes to the patent laws from all three branches of government….

“The USPTO, through the Patent Trial and Appeal Board (PTAB), has been systematically invalidating worthwhile patents based on flawed procedures that are easily abused….(T)hese changes have done substantial damage to our innovation economy.  This new bill will reverse many of these recent changes….

“Section 5 abolishes the PTAB. The PTAB is a terrible example of regulatory overreach….The legislation instead recreates the Board of Patent Appeals and Interferences, which existed prior to the AIA and handled the administrative appeals and trials that occurred under the prior system….”

Massie’s bill – rightly kills the PTAB.  And restores its precursor system.  You know, the system in place when we were #1 in the world in IP protection – and thus creation.

And Massie’s bill does a lot of other very good things.

Why is Massie’s bill so extraordinarily good?

Thomas Massie: America’s Inventor Congressman:

“Congressman Thomas Massie (R-KY) never intended to run for office or become a politician when he was majoring in electrical and mechanical engineering at the Massachusetts Institute of Technology (MIT). ‘I look forward to returning to my prior life of inventing and working on my farm,’ Massie (said)….

“Inventors and others who believe in the importance of patents to the U.S. economy no doubt hope that Congressman Massie, himself an inventor with two dozen U.S. patents to his credit, is in no great rush to return to his entrepreneurial life – running his own company built on the inventions he made….

“‘I can tell you, every day Congress is in session there are lobbyists here trying to weaken the patent system,” Massie explained.

“In Massie’s words, those companies that come to Capitol Hill and lobby to weaken the patent system want to get into new fields, but the problem is they didn’t invent in those fields, so they face problems. Patent problems.

“A lot of those companies want to become automobile manufacturers, or cell phone manufacturers, or they want to write software for operating systems, but they didn’t invent in those areas and they don’t own the patents that have historically been the touchstone of innovation ownership.

“‘They’d love to just come in and start playing in those fields and start using their size and scale as an advantage, and to them, patents look like a hindrance,’ Massie explained. ‘They are here in Congress looking to weaken patents and they are not just interested in weakening patents issued in the future, they are looking to weaken all patents.’”

It’s shameful so many Republicans listened to these anti-IP vested interests – and passed the awful America Invents Act.  (Massie wasn’t yet in Congress.)

Republicans can diminish said shame – by rallying behind Massie’s bill.

I’m quite sure President Trump will happily sign it.

Thereby undoing yet another awful piece of the anti-economy, awful Obama legacy.

Yes, please.

The post Another Obama-Undoing Great Idea: Plug the Obama-Era Holes In Our Patent Protections appeared first on RedState.

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President Trump Wins A Victory Over Sanctuary Cities in the Ninth Circuit

Westlake Legal Group bill-barr-smiling-620x317 President Trump Wins A Victory Over Sanctuary Cities in the Ninth Circuit sanctuary cities Politics los angeles lawfare immigration Illegal Immigration Government Front Page Stories Featured Story donald trump Department of Justice democrats Courts community oriented policing California Allow Media Exception

Attorney General William Barr appears before a Senate Appropriations subcommittee to make his Justice Department budget request, Wednesday, April 10, 2019, in Washington. (AP Photo/Andrew Harnik)

Will wonders never cease.

One of the most dysfunctional elements in our notoriously dysfunctional immigration system is the ability of municipalities to declare themselves “sanctuary cities.” In essence, this means that cities refuse to cooperate with efforts by ICE to apprehend and deport illegal aliens, even criminals, because OrangeManBad. While I think that this is patently illegal and folks should be indicted for this–name another federal law enforcement issue where anyone puts up with this bullsh**, is there a sanctuary city for automatic weapons?–my bottom line opinion is that if the citizens of those cities want to live in a Third World sh** hole overrun by a criminal population, then they should be allowed to vote to make that happen. Where my line is drawn is when these goons demand that the federal government take my money to support their effort. That was the issue in a case called City of Los Angeles vs. William Barr that was decided yesterday in the Ninth Circuit.

The Justice Department awards several billion dollars in grants each year targeted towards particular outcomes. One of the major ones is via Community Oriented Policing Services. The process works like this. A municipality submits a grant proposal. DOJ scores the grant against criteria published in the grant application. The scores are rank ordered. Projects are funded in rank order until funds are exhausted.

In 2017, Los Angeles applied for a grant, it had received money in just about every year since the program started and thought it was a gimme. In the 2017 application, one of the items scored by DOJ was cooperation with immigration enforcement. Los Angeles, a sanctuary city, got a big, fat goose egg in that area. That loss of points placed LA below the cut line. So they did what any other leftist does when they lose, they went to a friendly judge and filed a lawsuit. And, because this was California, the judge in the case (a Lyndon B. Freakin Johnson appointee) decided that he was Galactic Commander.

A federal judge in California ruled Wednesday that the Justice Department cannot withhold grant funding from cities and counties that do not comply with its immigration policies, and imposed a nationwide injunction on the feds’ actions.

Los Angeles officials called the injunction a “complete victory” and a “dagger” in the Trump administration’s tactics to use federal funding as a weapon against cities that do not comply with its immigration policies.

The city says it was denied federal funding for community policing programs because it refuses to let ICE agents into jails to ask detainees about their immigration status. It sued the Justice Department this past September seeking an injunction.

In its complaint, Los Angeles said the Justice Department withheld two grants and called the conditions unconstitutional.

On Wednesday, U.S. District Judge Manuel Real ruled the federal government’s conditions violate the General Welfare Clause of the U.S. Constitution and the state’s rule-making procedures.

Real also granted the nationwide injunction, which blocks the federal government from putting conditions on Justice Department grants and other funds.

This is obvious nonsense. No one has a right to a grant. Moreover, no one has a right to a grant from the Justice Department when it refuses to enforce US law. This judge, in essence, ruled that a grantor agency has zero authority to decide the criteria for awarding grants.

The administration appealed. The ruling came down yesterday.

A federal appeals court on Friday gave President Trump a rare legal victory in his efforts to crack down on so-called sanctuary cities, upholding the Justice Department’s decision to give preferential treatment in awarding community policing grants to cities that cooperate with immigration authorities.

The 2-to-1 opinion overturned a nationwide injunction issued last year by a federal judge in Los Angeles. The appeals court said awarding extra points in the application process to cities that cooperate was consistent with the goals of the grant program created by Congress.

“The Department is pleased that the Court recognized the lawful authority of the Administration to provide favorable treatment when awarding discretionary law-enforcement grants to jurisdictions that assist in enforcing federal immigration laws,” the Justice Department said in an emailed statement.

The judges in the majority were both Bush appointees, the dissent was a Clinton appointee, for those of you keeping score and believe that Chief Justice Roberts was huffing Lysol when he claimed “We do not have Obama judges or Trump judges, Bush judges or Clinton judges.”

The great thing about this decision, in addition to merely being sane and coming from the Ninth Circuit, is that it lays out a clear road map for the Trump Administration to begin choking off the flow of federal cash to municipalities that are at war with the nation’s immigration policy. You can nearly bet that the 2019 round of grants will be full of these conditions.

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The post President Trump Wins A Victory Over Sanctuary Cities in the Ninth Circuit appeared first on RedState.

Westlake Legal Group bill-barr-smiling-300x153 President Trump Wins A Victory Over Sanctuary Cities in the Ninth Circuit sanctuary cities Politics los angeles lawfare immigration Illegal Immigration Government Front Page Stories Featured Story donald trump Department of Justice democrats Courts community oriented policing California Allow Media Exception   Real Estate, and Personal Injury Lawyers. Contact us at: https://westlakelegal.com 

LA Police Chief: In an Effort to Fight the City’s Homeless Crisis, Warrants for Homeless People Will Be Canceled

Westlake Legal Group AP_1602261913331116-620x398 LA Police Chief: In an Effort to Fight the City’s Homeless Crisis, Warrants for Homeless People Will Be Canceled victor hansen davis Uncategorized San Francisco public drunkenness michel moore los angeles homelessness Front Page Stories Culture crime Courts California Allow Media Exception alexandra datig

A city worker uses a power washer to clean the sidewalk by a tent city along Division Street Friday, Feb. 26, 2016, in San Francisco. Homeless people have until the end of Friday to vacate a rambling tent city along a busy San Francisco street declared a health hazard by city officials earlier this week. The mayor’s office says about 40 tents remain, down from a high of 140 tents this winter. The tents have lined both sides of a street under a freeway overpass for months, drawing complaints from residents and businesses. (AP Photo/Eric Risberg)

 

 

At present time, tons and tons of people are sleeping on LA’s sidewalks and defecating in public.

What’s the solution?

In part, it’s to give them a break concerning warrants for their arrest.

So thinks LA Police Chief Michel Moore, who Wednesday told The Associated Press it’s part of the cure for a major malady of the humanitarian kind:

“This is a humanitarian crisis of our generation. This matches any other calamity that this city or this region or this country has seen. It is, I believe, a social emergency.”

He’s not wrong about it being an emergency; but it’s a problem the city itself created: Allowance is encouragement.

And now, as asserted by Victor Hansen Davis, California is the country’s first Third World state.

Nicely done.

Like a delicious hotcake, in some sectors — notably San Francisco — the Golden State has become golden brown. Just fancy a look at the city’s Poop Map (here). Breakfast, anyone?

Is Michel further feeding the problem by forgiving warrants? What does that accomplish?

As for stats, take a ganders, as reported by the AP:

Homelessness rose 16% in LA over the past year , to more than 36,000 people, according to a June report by the Los Angeles Homeless Services Authority. Across LA County, the count increased 12%, to nearly 59,000 people.

California’s homeless crisis came under fire this month after President Donald Trump threatened to intervene and “get that whole thing cleaned up.”

“They can’t be looking at scenes like you see in Los Angeles and San Francisco,” Trump said in an interview with Fox News.

Los Angeles Mayor Eric Garcetti responded that he would welcome federal involvement to solve the issue.

Garcetti’s an interesting player in the plot of people plopping on public property: There’s currently a petition for a recall to send him’ packin’ (see here).

The leader of that brigade recently sent an S.O.S. message to Trump (here).

Indeed, as voiced to Tucker Carlson, Los Angeles activist Alexandra Datig doesn’t think much of Eric:

“I think we are living in third world conditions that are a threat to public health here in Los Angeles, and we have a mayor who is completely ignorant of that and he is an abysmal failure. … We have this position in the city of Los Angeles where our leaders seem to think that it’s okay to leave people on the street to die, just whistling past the graveyard. We have had over 3600 people dying on the streets of Los Angeles in the past five years.”

Police Chief Michel’s plan — which has been in the works since he assumed his post last year — is to eliminate all bench warrants for offenses such as drinking in public, blocking a sidewalk, and failure to appear in court.

So…permissiveness exacerbated the problem, and now permissiveness will help fix it, it seems.

Whatever the case, Michel needs to wipe clean the docket:

“We have hundreds of thousands of bench warrants that haven’t been served in years. We need to clear the docket.”

And anyway, he prefers “outreach”:

“Where’s our outreach workers, where’s our mental health workers?. I would love to see outreach workers wearing a vest. I would love for the public to be able to drive up and down the street and see outreach workers readily identifiable conducting outreach and engagement to people experiencing homelessness.”

Apparently, if you’ve committed public drunkenness, you’re in trouble. But if you’ve done so and then taken a slam by the curb, the government’s willing to forgive and forget.

And that’s called California.

-ALEX

 

Relevant RedState links in this article: herehere, and here.

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The post LA Police Chief: In an Effort to Fight the City’s Homeless Crisis, Warrants for Homeless People Will Be Canceled appeared first on RedState.

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