Free Markets, Free People

Politics

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The march of the mimes

Walter Russell Meade does a great job of summing up the impact of yesterday’s “March of the Usual Lefty Organizations” in the name of taxing us into poverty with a carbon tax:

Street marches today are to real politics what street mime is to Shakespeare. This was an ersatz event: no laws will change, no political balance will tip, no UN delegate will have a change of heart. The world will roll on as if this march had never happened. And the marchers would have emitted less carbon and done more good for the world if they had all stayed home and studied books on economics, politics, science, religion and law. Marches like this create an illusion of politics and an illusion of meaningful activity to fill the void of postmodern life; the tribal ritual matters more than the political result.

And he’s precisely right.  Besides being the usual collection of leftist professional protesters sprinkled with clueless pols and celebrities, nothing of note is going to change at the UN Climate Summit.  Nothing.  The outcome of that is, as they say, “already written in the books”.

The world’s largest emitters are declining to show up, even for appearances. The Chinese economy has been the No. 1 global producer of carbon dioxide since 2008, but President Xi Jinping won’t be gracing the U.N. with his presence. India’s new Prime Minister Narendra Modi (No. 3) will be in New York but is skipping the climate parley. Russian President Vladimir Putin (No. 4) has other priorities, while Japan (No. 5) is uncooperative after the Fukushima disaster that has damaged support for nuclear power. Saudi Arabia is dispatching its petroleum minister.

China, however, has found a wonderful new way to forever avoid any responsibility for reducing its output.  It has become the “champion” for the poor and underdeveloped countries of the world and is helping put forward their demands:

China led calls by emerging economies on Friday for the rich to raise financial aid to the poor as a precondition for a United Nations deal to combat global warming.  “When the financing is resolved, this will set a very good foundation to negotiate a good agreement,” China’s chief negotiator Xie Zhenhua told delegates from about 170 nations. Xie said developed nations, which have promised to raise aid to $100 billion a year by 2020, should have legally binding obligations to provide finance and technology to emerging economies, along with legally binding cuts in emissions.

Well of course the “rich nations” should … because that would have them pay China and India – two of the biggest carbon producers around.  So China has, in effect, made an offer they must refuse, because leaving out the two largest carbon producers is sort of self-defeating, isn’t it?  And anyway, we should pay for our “rich nation privilege”, shouldn’t we?

Meanwhile, Dr. Steven Koonin makes the point of saying what is clearly the truth in an op-ed in the WSJ – the science of climate change is not settled science.  In fact, it’s not even close.  Dr. Koonin, by the way, was the undersecretary for science in the Energy Department during Obama’s first term.  So this isn’t some right-wing ideologue spouting off, but a serious scientist.  Interestingly, he makes hash of the reliability of the climate models:

The models differ in their descriptions of the past century’s global average surface temperature by more than three times the entire warming recorded during that time. Such mismatches are also present in many other basic climate factors, including rainfall, which is fundamental to the atmosphere’s energy balance. As a result, the models give widely varying descriptions of the climate’s inner workings. Since they disagree so markedly, no more than one of them can be right.

And we’re still looking for that one model that is right … but remember, it is on the basis of those models that this entire “scare” or alarmism finds its roots. Make it a point to read the entire Koonin piece.

But never fear as our fearless leader will be in NY to address the UN summit (most likely a rushed speech between fund raisers and golf).  Not that it will have any effect or make any difference.  But in his mind, it will be “action”.  In reality, it’ll be another example of him again being outplayed on the world stage.

~McQ

Obama speech? The usual. “A performative act”

Found on Facebook (Clare Spark), I think this nicely describes Obama’s speech last night:

I am not the first to point out that Obama is a postmodern president. Tonight he proved that label by his “not-so-fast” speech on foreign policy vis a vis ISIS. It was what the pomos call ” a performative act”–the last word in magical thinking.

Indeed.  Platitudes, chest thumping, equivocation – and absolutely nothing new. He’s given a speech … the act is complete. The “ususal”.  Talk equals action.

As we’ve become familiar with the “non-apology apology” in today’s life, we have now been introduced to the “non-strategy strategy”.  What he talked about wasn’t a strategy, it was pure justification for doing … not much (even though he made it clear he doesn’t need Congress’s approval to do … not much).  Apparently he thinks that a few airstrikes and few advisors will stimulate “allies” to do much more than that and take the bit and run with it.  Yeah, that’s always worked so well in the past.  Leading from behind again.

Also unknown is how one is going to take an obviously dispirited and seemingly unwilling (incompetent) Iraqi army and turn it around any time soon, but if there is a plan in there, that seems to be it, sort of.  Oh, that and a “National Guard” (new name for the “awakening’s” militias)?  Say what? But what I mostly got from it was he, like many other mistaken arm-chair generals, believes that he can accomplish “degrading” ISIS by air.  First, any significant degradation would require a sustained air campaign on the level of our Gulf War “shock and awe” campaign.  Not going to happen.  Secondly, finding and killing ISIS C4 nodes, like we did with Saddam, is an extraordinarily difficult task in comparison.  While we may randomly accomplish knocking out some of those nodes, it will be mostly luck without good hard timely intelligence (and acted upon immediately) about an enemy which remains mostly mobile.

And how about him deciding ISIS isn’t “Islam” or “Islamic”?  Since when does he get to decide?  Certainly some parts of greater Islam are against ISIS, but then Sunnis have no use for Shiites either do they?  Does that make one or the other not “Islam”.  Who gets to decide? Such declarations do Obama’s poor credibility even more damage and feeds the conspiracy theorists.  But, that said, one has to wonder why it was so important for him to include that in a national policy speech.   It is a total non-sequitur in my opinion.  But for whatever reason, he chose to include it.

I think James Joyner has a good take on the speech.  His first reaction:

The first thing I’d note is how much it sounded like any number of foreign policy speeches given by his predecessor.  He declared again and again that, “As Commander-in-Chief, my highest priority is the security of the American people” and proudly enumerated all the ways that “we have consistently taken the fight to terrorists who threaten our country.”

Our Peace Prize president sounding like Bush … got to love the irony.  Of course what Obama didn’t expound upon is how his withdrawal of troops from Iraq helped enable the ISIS expansion.  Reality (i.e. an objective military assessment of the status of the Iraqi army and its actual abilities) rarely, if every, conforms to an arbitrary political deadlines.  I think it is clear to everyone the pullout at that time was a very bad idea.  It takes time to build an effective fighting force.  What is now left in Iraq is a shattered and dispirited force.  Because of that, we’re put in the position to again try to salvage a situation there.  With greater forethought and less ideology, we would have kept US forces still there to ensure the Iraqi military was actually ready to confront a threat like ISIS instead of pretending it was so to keep a political promise.

Joyner’s second thought:

The second observation is that it’s still not clear exactly what Obama’s strategy is. His stated political objective is to  “degrade, and ultimately destroy, ISIL through a comprehensive and sustained counter-terrorism strategy” but he offered no plan that could plausibly do more than the former.

Well, except for, you know, “air strikes”.  Hand wave, promise, done.  Polls suck?  Hitting ISIS popular?  Wag the dog.  It’s all about politics and elections, folks.  Not the security of the United States.  If someone had told him that his poll numbers would rise by not playing golf … well, there are limits you know.  If it was truly about the security of the United States, this administration would be working to secure our borders, not ignoring the immigration laws.

Joyner concludes:

Frankly, this is simply the logical continuation of Obama’s existing ISIL non-strategy and, indeed, his general counter-terrorism strategy of blowing up the bad guys and hoping they get tired of it eventually.  We could call it the Global War on Terror but, alas, that name’s been taken. That’s rather unsatisfying but it’s not at all obvious what more the United States can or should do to degrade ISIL. The threat to the homeland is too tangential at present to warrant the proverbial boots on the ground.  So, it’s Whack-a-Mole with no end in sight.

And the moles will continue to be whacked as we hear glowing progress reports from the Eastasian front.

Because? Well, that’s how we roll now.  Back to the future.

~McQ

Reaping the consequences of incompetence

Like her or not, I think MoDo pretty much nails it here:

A front-page article in The Times by Carl Hulse, Jeremy Peters and Michael Shear chronicled how the president’s disdain for politics has alienated many of his most stalwart Democratic supporters on Capitol Hill.

His bored-bird-in-a-gilded-cage attitude, the article said, “has left him with few loyalists to effectively manage the issues erupting abroad and at home and could imperil his efforts to leave a legacy in his final stretch in office.”

Senator Claire McCaskill of Missouri, an early Obama backer, noted that “for him, eating his spinach is schmoozing with elected officials.”

First the president couldn’t work with Republicans because they were too obdurate. Then he tried to chase down reporters with subpoenas. Now he finds members of his own party an unnecessary distraction.

His circle keeps getting more inner. He golfs with aides and jocks, and he spent his one evening back in Washington from Martha’s Vineyard at a nearly five-hour dinner at the home of a nutritional adviser and former White House assistant chef, Sam Kass.

The president who was elected because he was a hot commodity is now a wet blanket.

The extraordinary candidate turns out to be the most ordinary of men, frittering away precious time on the links. Unlike L.B.J., who devoured problems as though he were being chased by demons, Obama’s main galvanizing impulse was to get himself elected.

That fact was apparent to anyone who took the time to review what little we knew of Obama’s sparse political record.  He only stopped at each elected office long enough to get himself elected to the next higher office.  He had no record of accomplishing anything of substance at any of those stops and spent most of his time campaigning for the next job he wanted.

Yet that was ignored.  What was gobbled up were his words.  Words that were backed by nothing but hot air.  He had no record as a “uniter”.  He had no record as a legislator.  He had no work record nor had he ever actually run anything that could be described to have given him “executive experience”.

So, what some of us saw, everyone got.  An empty suit.  A clueless political face that managed to pull off one of the most incredible, and it appears, devastating victories of modern times.

And yet his own party is now “surprised” he’s so useless and clueless.  They’re surprised he’s been so pathetically incompetent. As they watch the world crumble, they still want to complain that it is someone else’s fault (meaning those old reliable standbys – the GOP and Bush).

But as each horrific day of this presidency moves into the next, it is clear that most of the country hold the president responsible for most of the problems – both domestic and international – we are suffering.

And Democrats, as well as the liberal media, have finally figured out that defending this failure is “politically dangerous”.

So we see the Claire McCaskills and Maureen Dowds of the world beginning to really distance themselves from “The One” – the one they backed to the hilt.

Rats.  Sinking ship.

Sometimes though, it’s not particularly helpful to be right about something or someone, as those of us who pointed out all these problems before Obama was elected were.  Because when you’re right about something like that, it means you’re also right about the consequences.

Cast your eyes upon them – they are exactly what logic dictated would happen when you give a job as important as the presidency to a grossly unqualified man or woman.

~McQ

Delusional

How else to describe this president when he makes remarks like this:

President Barack Obama claimed Monday night during a Democratic Party fundraising dinner that the United States is ‘stronger’ than it was when he assumed office in January 2009.

His statement, though, appears to be at odds with key economic indicators, America’s sliding reputation abroad, and the American public’s estimation of the direction the country has taken under the Obama administration.

‘In all sorts of ways,’ Obama told Democratic partisans who paid between $15,000 to $32,400 to hear him speak, ‘we are not just stronger than when we – where we were when I first came into office.’

‘It’s fair to say that America has the best cards when you look at other countries around the world.  There’s no other country you’d rather be than the United States.’

‘Nobody can compete with us when we’re making the right decisions,’ he said.

The unspoken implication here is since we’re “stronger”, he’s made all the “right decisions”.  Of  course that absurd implication can be confronted factually at all sorts of levels.

Take the economy:

Grove City College economics professor Tracy Miller wrote Monday in an op-ed for The Daily Caller that ‘[o]ver the first five years of Obama’s presidency, the U.S. economy grew more slowly than during any five-year period since just after the end of World War II, averaging less than 1.3 percent per year.’

Unemployment:

The percentage of working-age Americans who are part of the U.S. workforce has reached the lowest level since 1978, with one out of every three staying on the sidelines and not working.

Debt:

And the federal government’s debts have ballooned by $7 trillion since Obama took office, a sum larger than the accumulated U.S. debts between 1776 and the end of the Clinton administration.

Consumer confidence is at -17.  That’s right, minus seventeen according to Gallup’s recent Economic Confidence Index.

Great success.

You don’t even have to cite the debacle his lack of foreign policy has wrought (or his lack of leadership on the illegal immigration flood) to make the point that he’s either lying through his teeth or he’s delusional.  He seems be reading a script from spin doctors and seems to be nothing but a propaganda mouthpiece now. An empty suit.  The “face.”  He doesn’t seem to even care.  Most of the recent optics (vacation after vacation while the world is in crisis) are simply not what anyone who cared would do if in a leadership position.   But he seems to think he’s entitled and we peasants should just suck it up and cope.  “Imperial presidency” doesn’t even begin to describe this crew.

Credibility?  Not much:

By a 20-point margin, they believe the nation is weaker under Obama’s leadership, according to a Fox News poll released in June. Just 35 per cent told pollsters they agreed with what Obama said Monday night.

The “Monday night” refers to the bucket of slop above that he served up to those true believers paying 32K for dinner.

And that has led to this from a CNN poll:

The poll also indicates that the public’s trust in government is at an all-time low.

Frankly, you won’t find me lamenting this particularly, but it is an illustration as to how poorly this administration had done its job (Remember, one of Obama’s stated goals was to increase trust in government).  Gallup piles on with this:

Many more Americans now mention a non-economic issue — such as dissatisfaction with government, immigration, or ethical and moral decline — than an economic one as the top problem.

This presidency has been a disaster.  And it continues, without seeming end, to make all the wrong decisions almost without exception.  The fact that the public seems to finally be waking up to it tells me a lot about how this presidency and administration have benefitted from a press reluctant to lay it all out as it happened.  The problem the press faces now is it has become so bad that their credibility (such that it is) is at risk if they continue to ignore and/or attempt to explain away what has become obvious to almost everyone.  That and the “Bush is to blame” blanket excuse has expired for all but the sycophants (although Obama again tried to deploy it this week when denying responsibility for the problems in Iraq).

This has been an awful era for this country.  Almost everything this president promised has been found to be either nonsense, demonstrably false or a lie.  Instead of the “most transparent” administration in history, it has become the most opaque.  We see indications of criminal conduct by apparatchiks every day (really, 20 people under suspicion all had their emails destroyed?  Really?).  We see a “Justice” department that ignores the law and/or selectively enforces it depending on whether the group in question is a favored one or not (New Black Panthers and video of voter intimidation?  Nah.  Vote ID laws?  You bet.). We see executive department bureaucrats assuming powers and making rules that are beyond their scope (just about everything the EPA has done).  And, in fact, we see an administration that has mostly ignored the Constitution and the limits on power it imposes on the executive.

Now we’re engaged in redefining what “stronger” means.  Apparently, in Obama Newspeak, stronger is really “weaker and poorer”.  If that’s what he was striving to accomplish, then he can claim to have been remarkably successful in making us “stronger”.

~McQ

The politics of perception

One of the more surprising things of late, at least to me, is the short memory the left seems to have.  As I’ve observed them over the years, one of the things I’ve noticed is they seem to understand the saying “in politics, perception is reality.” Or at least they did.  And it was why they tried to seize and control the narrative.  If they could fashion the perception of the people to be to their advantage, then the “reality” would follow.  One only has to think back of the 8 years of GW Bush to watch that in action.

But now it seems they’ve either forgotten that point or think they’re immune to it.  Or maybe they’re just better on the offense than the defense.

Take the IRS scandal. They continue to push the line that it is a phony scandal.  But what’s the perception of the people when it comes to the IRS in general?  Well, you’ll find very few who harbor kind thoughts about the agency, even if it has never crossed their path during their lifetime.   The IRS is a tax agency and no one is particularly fond of tax collectors.  So when the agency is implicated in an apparent scandal, the left trots out the “phony scandal” meme expecting that sort of a hand-wave to magically make the scandal disappear off of the public’s radar screen.

However, it hasn’t, has it?  Why? Because the public’s perception of the IRS fully allows what is being said about the agency could be true.  They have absolutely no problem believing that the IRS was used for political purposes. The public’s interest in the scandal has remained high.  So perception being “reality”, the left trying to deny something that the public perceives as being true or at least having some truth to it isn’t a good situation to be in, is it?

Immigration has the same problem.  While the left would like to characterize what is happening on the border as something like a “children’s crusade” and then damn anyone who is against it as hating children (their usual “got to the extreme” tactic at work), the public perceives this differently.  That’s evident by the protests in various towns where the government is trying to house these illegals.  So again, the left is trying to create a meme the public just doesn’t buy.  They understand what unregulated and uncontrolled access means in terms of cost, disease and many other factors.  Perception?  That Democrats are defending the indefensible and trying to blame the problem on others.  The fact remains that this White House has never seriously addressed meaningful immigration reform … even when Democrats had solid majorities in both houses of Congress and a Democrat in the White House.

A third problem the left faces is an incompetent president.  He seems more and more disengaged, confused, and weak.   The meme the left continued to push during the earlier days of Obama’s term was that those who criticized him were racists.  But the public perception has built over the years has little to do with skin color and a lot to do with character or the lack thereof.  Foreign policy disaster after foreign policy disaster are hard to deny.  Oh Democrats have certainly tried to put a good face on all of it, but it remains a disaster to even the most low information voter.  You can almost literally see America’s power waning as this man remains in the White House.  And the lack of respect he’s shown throughout the leadership of the world points to much more that “race”.

This isn’t a secret to most of the public.  So when the left tries to fight the perception of incompetence and ineptness with “racism”, it sounds incredibly hollow.  Incompetence is usually fairly obvious.  In this case, it is very obvious.  Add to that the strident application of “racism” broadly against anyone who criticizes Obama and it fits most of the population at some point or another.  It’s not an argument meant to persuade, but instead to shame.  And when individuals assess their motives for saying what they said and realize that the left is just flinging poo in an effort to shut them up, “perception becomes reality”.

These certainly aren’t the only problems the left and Democrats face.  But they’re the most obvious.  Perception is being fashioned daily by a president who simply isn’t seen as credible anymore by a very large portion of the population.  And instead of understanding that and attempting damage control, they double down and defend the indefensible.

You have to wonder what the toll of such a defense will be in both the midterms and the next presidential election.

~McQ

Big lies, small lies and lies in truth

This administration excels at ‘The Big Lie”.     Probably most hereabouts are familiar with that idea – tell any lie long enough and people just accept it as true.  Biggest lie I can think of – that Barack Obama was ever qualified to be President of the United States.   But there he is, sitting in the Oval Office, golfing at Andrews, picking out the spot for his legacy of lies “Liebrary”.   Red lines that the world drew, recoveries that aren’t, a recession that never went away,  actually a depression but who’s counting, unemployment that gets better by getting worse, pivots to the economy, which is where he pivots in some other way to destroy it through executive signings or approved executive branch regulations.

Birthed in lies, raised in lies, campaigned in lies, elected in lies and serving daily in lines.   Non-stop lying.  About the only thing he doesn’t lie about is that he likes to golf.

Benghazi, IRS, Fast and Furious, Affordable Health Care, closing Guantanamo, gay marriage, jihad is workplace violence.  It’s not always ‘himself’ lying, sometimes it’s his executive organizations, his spokesmen, his fawning press.   But it’s HIS administration, these therefore become his lies.

Lies to enemies, lies to allies, lies to ‘friends’, lies to detractors, lies to supporters.

Small lies, well, every day.  A small lie gets them through this press conference, this question or that question, this news cycle.   Sometimes we’ll have to visit it again, let’s see, oh, right, the GDP was down to a 1 percent growth, oh, and we had Obamacare’s increased spending on those who hadn’t been previously insured to thank for that.     Until yesterday when that lie had to be revised, and the lie about Obamacare’s increased spending turned into a lie that Obamacare actually caused a decrease in healthcare spending.   Yeah, small lies, we’ll see them again, contorted, changed, history ignored and altered.  Things they said before ‘forgotten’ by them, by the media, by us as they trot out the new lie.  They’ll become big lies if we keep worrying at them.   Quit asking.

The lies evolve, sometimes they just drop them and come up with a completely new lie – it was riot in Benghazi caused by a video that grew to an attack on the embassy, we never said it wasn’t terrorism, we caught the mastermind!  It was two rogue agents in Cincinnati that were trying to be more efficient, the dog ate our emails at the IRS, oh, and now the dog wandered over to the neighboring offices at the EPA and had a late night snack.

The original lies generally suck, they do however seem to pass muster for the low info voters, for people who might read the first paragraph of the headlines.  They do the job they’re supposed to do, provide a little cover till they can refine the lies.  But they only need to refine the lies if someone asks for clarification of course.  Any lying 5 year old understands you don’t elaborate on the lie if you aren’t pushed with further questions.

Like lies presented in truths so we can move past a lie that’s really important to the problem they’re willing to cop to for the moment.  The art of distracting us from a lie by handing us lies wrapped in truth.

Emails: IRS official sought audit of GOP senator

Oh, that’s bad….but it appears to be the truth.  That’s good, truth is good, good we found this out, not much there, ask the NY Times, this is just another Republican attempt to pump up a scandal I’m sure.

“Congressional investigators say they uncovered emails Wednesday showing that a former Internal Revenue Service official at the heart of the tea party investigation sought an audit involving a Republican senator in 2012.

The emails show former IRS official Lois Lerner mistakenly received an invitation to an event that was meant to go to Sen. Charles Grassley, R-Iowa.”

And there, in the first two paragraphs, presented as ‘truth’, is your bold faced lie (made bold and italic by yours truly).

She mistakenly received an invitation for Senator Grassley?

Why?  How?   because the sender had Lerner’s address and Grassley’s address on a dropdown and moused to the wrong one?

Because Grassley ‘sounds’ like Lerner and the autoaddress feature used Lerner instead of Grassley?

Uh, because someone interrupted the writer and he accidentally typed LOIS.LERNER@IRS.GOV instead of SEN.CHARLES.GRASSLEY@USSENATE.GOV and hit SEND?

Wow.  Look ma, the dog ate our emails, and the organizer for a Republican campaign event’s dog accidentally sent Lois Lerner at IRS an invitation intended for US Senator Charles Grassley that Lois might review to consider launching an investigation over.

Phew, good thing that guy Matthew Giuliano waved her off from doing anything with that ‘mistakenly received’ email.

“This kind of thing fuels the deep concerns many people have about political targeting by the IRS and by officials at the highest levels,” Grassley said. “It’s very troubling that a simple clerical mix-up could get a taxpayer immediately referred for an IRS exam without any due diligence from agency officials.”

This kind of thing?   ‘Simple clerical mixup’   Words fail me.   Et tu Chuck?   Seriously?

You mean how an email went mysteriously to LOIS.LERNER@RECTALEXAMSAREUS.GOV,  her email address,  for her review,  ‘by mistake’?

No, you mean the IRS rectal exam that might have been started as a result of her completely innocent receipt of an email intended for a US Senator.

But there wasn’t any exam, so yeah! NO HARM DONE!!!!  No harm, no foul.   Prove the harm!  None!  Matthew Giuliano at the IRS did his job, the IRS did it’s job!  Now go away you scandal mongering racist conservatives!

So don’t ask how she got that invitation, but rest assured, there was no mistake involved.  Remain confident if you ask, they’ll refine this blatant lie.

Lies hidden in truths, lies in your face.   Every week, every year, the most transparently lying to us administration in our history.

Obama’s administration lies again.   Hi-ho Silver.

UPDATE

In case you’re wondering why the lie might matter and why ‘mistaken receipt’  of the email for which Lois Lerner considered the possibility of investigation is important.  Because, you see, if Lois Lerner had Senator Grassley’s email invitation through some method other than ‘accidental receipt’, she, and the person who sent it to her, may have broken Federal laws.

Since the  Constitution didn’t foresee email, there is no guarantee of it’s privacy.   So in 1986 Congress passed the Electronic Communications Privacy act, which established provisions for privacy rights of people using electronic devices.  The way I read it, under the act it is a crime for someone to read or disclose  the contents of email communications (let alone decide to launch an IRS tax audit) if it’s not addressed to them.

“General Statement of the Law

The law regards each of these situations as distinct.

  1. Interception of e-mail during transmission is prohibited by federal wiretap statute, 18 U.S.C. § 2510-2521 and also some state wiretap statutes. The federal statutes were amended in 1986 by Title I of the Electronic Communications Privacy Act (ECPA) to include e-mail.
  2. Reading e-mail during storage on a computer system is prohibited by federal statute, 18 U.S.C. § 2701-2711, Title II of the Electronic Communications Privacy Act (ECPA), provided that the system is “providing an electronic communication service to the public.” This means, among other things, that your e-mail messages are confidential when stored on a computer owned by an ISP that offers to any member of the public the ability to send e-mail and you pay for the account yourself. But there is no protection in 18 U.S.C. § 2702 for e-mail stored on a computer system operated by a corporation primarily for its own business communications. So, if you send e-mail to a company (e.g., jdoe@ibm.com) and the e-mail is stored on that company’s computer, you have no privacy rights under this statute.
  3. The recipient of e-mail is generally free to share the information in the e-mail with anyone, subject to legal obligations that are mentioned later in this paper.

Reading e-mail that is stored on a computer is not an “interception” under 18 U.S.C. § 2510, et seq., because an interception must be contemporaneous with the transmission of the message between different locations. Steve Jackson Games v. U.S. Secret Service, 816 F.Supp. 432, 442 (W.D.Tex. 1993), aff’d, 36 F.3d 457, 460 (5thCir. 1994). This holding has been accepted in several subsequent cases, including Wesley College v. Pitts, 974 F.Supp. 375, 384-390 (D.Del. 1997); U.S. v. Moriarty, 962 F.Supp. 217, 221 (D.Mass. 1997); Bohach v. City of Reno, 932 F.Supp. 1232, 1235-36 (D.Nev. 1996).”

See below – it’s a fine line if some ‘unknown’ person made a copy and passed it on to Lerner.  The person who passes it on originally may have broken the law since passing on such an email seems like it could constitute ‘disclosure’.  Unless of course it pertains to evidence of a criminal activity….

“One court noted that there is a loophole in Title II of the ECPA, where an unknown person can make a copy of e-mail and give it away, then other people who do not provide an electronic communication service can lawfully make a further distribution of copies of that private e-mail. Wesley College v. Pitts, 974 F.Supp. 375, 389 (D.Del. 1997).

In the special case of e-mail that contains evidence of criminal activity, there is no protection for the confidentiality of the message when the recipient discloses the contents of a communication to law enforcement agents or to a criminal trial. U.S. v. White, 401 U.S. 745 (1971)(no violation of Fourth Amendment when defendant spoke to informant who had concealed microphone and transmitter); Hoffa v. U.S., 385 U.S. 293 (1966)(statements made by Hoffa to undercover informant not protected by Fourth Amendment). Furthermore, there is no protection under the Fifth Amendment to the U.S. Constitution for production of documents at a criminal trial, U.S. v. Doe, 465 U.S. 605 (1984). In summary, the author of an e-mail message generally can not prevent disclosure of the message by the recipient.”

I’ll let the legal experts, some here assembled, discuss the possibilities.   The idea that she mistakenly received it however, smells of pure fabrication.

UPDATE (the second)

It appears that the actual invitation WAS through snail mail, making Grassley’s acceptance that some clerical error genuinely occurred valid.

AllahPundit on HOTAIR covers it.

Not a lie then if there’s real paper on this – and not Lerner’s fault if she opened a letter addressed to her with contents intended for someone else.

What she did with it afterwards, well……..

I’m assuming that we’re not talking .PDF files here, attached to mails, and that we’re really talking a hand delivered stamped envelope carried by the United States Postal service which was addressed to Lois Lerner, with contents for Charles Grassley….

Certainly the flow of e-mails in this link indicates the second go round, the correction of recipients, was done via .PDF.

If you read it, you’ll see the clarification and embarrassment from the sender.

One odd thing….can anyone fathom the end of the PS comment at the end of the correct sending exchange between ‘Dawn’ and Matthew?

Should we get the sense they don’t know each other, or didn’t prior to a phone call he made to clarify and correct?

“Still, it will be an easy commute?

As the polls go …

The polls continue to show an erosion of public support for President Obama.  Here are 4 interesting paragraphs describing the latest:

Foreign crises and domestic economic unease have eroded President Barack Obama‘s public standing, sapping his ability to respond to overseas conflicts and weighing on fellow Democrats heading into the midterm elections.

As clouds gather abroad, a new Wall Street Journal/NBC News poll finds Mr. Obama’s job approval rating at 41%, matching a previous low. Approval of his handling of foreign policy hit a new low of 37%. Both numbers are driven in part by conflicts largely outside the president’s control, including a new wave of sectarian violence in Iraq.

This latest dip in Mr. Obama’s approval runs contrary to signs Americans agree with his policies on climate change and education, and as a divided Republican Party remains far less popular than the president and his party. Despite misgivings toward Mr. Obama, the survey showed the public sides with him and his fellow Democrats on a range of issues, including immigration, education and the environment. (Interactive: Poll Results)

The latest Journal poll of 1,000 adults, conducted between Wednesday and Sunday, highlights what appears to be a lasting slide in the president’s public image. Respondents split in half on whether the Obama administration is competent, lower marks than Americans gave former PresidentGeorge W. Bush‘s administration in 2006, after the war in Iraq and the bungled response to Hurricane Katrina derailed his presidency.

Now you remember that time don’t you?  The time of Katrina and Iraq?  The time when Democrats lined up to get in front of the cameras and declare George Bush “incompetent”?  Yeah, me too.  And now the guy who was all too happy to participate in that labeling, has managed to do worse.

What does that make him?

Note too the attempt to put lipstick on this pig – “…Americans agree with his policies on climate change and education, and as a divided Republican Party remains far less popular than the president and his party. Despite misgivings toward Mr. Obama, the survey showed the public sides with him and his fellow Democrats on a range of issues, including immigration, education and the environment.”

There’s only one problem with this list of issues of “agreement” – they are all low priority issues for the public.  Jobs.  Economy.  War.  Spending.  Those are what top the list.  And then there’s the matter of bungled health care, scandals and of course, the collapse of any semblance of a foreign policy that this administration might have had.  Frankly, I’m being kind with the last one.  If there’s been a real foreign policy at work for these past 6 years, it’s been as well hidden as Lois Lerner’s emails.

I’d love to say, “I told you so”, I’d love to talk about irony and shadenfreude.  But this is too pitiful a performance to be flip about. And the consequences are real. I see articles about how this guy is now “tired” of being president. He’s “bored” with the job. How could he be either bored or tired – he hasn’t done the job at all.

Got to say, in all my years – and I lived through the Carter era – I’ve never seen this country in such pitiful shape. Never. Mr. Obama has done enough damage, in the foreign relations arena, that it will take decades to undo. The only silver lining, and I’ve mentioned it before, is that one of his goals was to prove big government could be competent and beneficial. He has proven precisely the opposite to be true.

Perhaps the Democrats aren’t calling him “incompetent” for a reason.

Incompetent doesn’t begin to cover how bad this President and his administration are.

~McQ

The pathetic bias of the New York Times, summarized in two pics

(This screen cap done at 9:00 AM CST 15 June, 2014)

We’ve known that the New York Times has been part of the palace guard for Democrats for quite a while.* But this is a new low.

If 18 minutes of lost taped conversations in Nixon’s White House is good for weeks of coverage, surely close to two years of lost emails from someone accused targeting the president’s political opponents is even more important.

The story has been on the networks’ web sites since Friday (NBC, CBS, Fox) plus outlets like Forbes, the Fiscal Times, and lots of others. Given that, no serious, objective media outlet would ever ignore the lost IRS email story for two days, and leave it out of their biggest edition of the week. Not the “paper of record”. Not the publication that brags it contains “all the news that’s fit to print”.

But that’s exactly what the Times has done.

The Washington Post is marginally better. No front page story, as the story manifestly deserves. No original reporting, even though the story is in their own backyard. But they do have a couple of Associated Press reports in two sections Politics and Business (yeah, Business – I don’t get it either).

If you still think the Times and Post have not chosen sides politically, then you are a willfully blind, naive fool.

 

*Occasionally a decent article slips through, or perhaps is done as camouflage to bolster the idea that they are serious objective journalists. They stopped fooling anyone connected to reality quite a while back.

Cantor, cheese and other stuff

So Eric Cantor went down in flames in the Virginia Republican primary I see.  I can’t say I’m the least bit chagrined.  Cantor is the quintessential establishment Republican.  And like most of that ilk, he was more worried about what the press thought of him than doing what was right by his principles.  I notice the media spin doctors are immediately claiming that he really didn’t lose because of his stand on immigration (i.e. a hard lean toward “amnesty” for illegals although he tried to deny it).  After all if they admit that immigration reform was a reason for his defeat, then they have to admit that its dead for this year (as, given this lesson, no Republican running for reelection in the House  – that would be all of them – is going to touch it with a 10 foot pole).  The spin doctors also know that if it is dead for this year, it may be dead, at least in its present form, for good, if Republicans win the Senate.  One also assumes that Republicans are aware of the polls out there that place immigration reform as a low priority issue for voters right now (yeah, surprise, they’re much more interested in jobs and economic growth than illegal aliens).

I think another reason for Cantor’s loss is a deep dissatisfaction with Republican House leadership – such that it is.  Add his lack of popularity within his own district and an acceptable alternative candidate and you have the prefect electoral storm. Finally, Tea Party candidate Dave Brat’s win signaled, much to the annoyance of the left, that the Tea Party is hardly “dead”.  It’ll be interesting to see how the establishment Republicans react to this upset.

On another subject, yesterday we saw where the FDA had unilaterally decided that it might be necessary to ban the centuries old tradition of aging cheese on wooden shelves.  Because, you know, there’s been such an epidemic of sickness from such practices here lately and over the ages. What?  There hasn’t?  There hasn’t been any real problem at all?  However:

The Food and Drug Administration (FDA) has issued an executive decree banning the centuries old practice of aging cheese on wooden boards.  One bureaucrat within the FDA, without surveying all of the scientific literature, and without public commentary, has rattled hundreds of small businesses across the United States.  Consumers who eat any kind of aged cheese should prepare for a potentially catastrophic disruption in the market for artisan, non-processed cheese.

Now that was yesterday.  Today, yeah, its cave in time.  There has been such an outcry from cheese makers, the public and just about anyone else that could find a forum that the FDA is hastily backing down.  Overlawyered brings us up to date:

Following an enormous outcry from cheese makers, commentators, and the general public, the agency beats a hasty retreat. Commentator/ Pepperdine lawprof Greg McNeil has the details at Forbes (and his earlier commentary on the legalities of the agency’s action is also informative). Earlier here.

In a classic bureaucratic move, the agency denied it had actually issued a new policy (technically true, if you accept the premise that a policy letter from its chief person in charge of cheese regulation is not the same as a formally adopted new policy) and left itself the discretion to adopt such a policy in future if it wishes (merely declaring itself open to persuasion that wood shelving might prove compatible with the FSMA).

McNeal:

This is also a lesson for people in other regulated industries. When government officials make pronouncements that don’t seem grounded in law or policy, and threaten your livelihood with an enforcement action, you must organize and fight back. While specialized industries may think that nobody cares, the fight over aged cheese proves that people’s voices can be heard…

Yes, true.  But … there’s always a ‘but’, Overlawyered points out something that is true and often overlooked.  You have to be willing to fight for it all, not just the popular stuff.  You have to be willing the challenge all the nonsense bureaucrats put out there:

There is a less optimistic version, however. It happens that a large number of editors, commentators, and others among the chattering classes are both personally interested in the availability of fine cheese and familiar enough with the process by which it is made to be un-cowed by claims of superior agency expertise. That might also be true of a few other issues here and there — cottage food sold at farmer’s markets, artisanal brewing practices — but it’s inevitably not going to be true of hundreds of other issues that arise under the new Food Safety Modernization Act. In a similar way, the outcry againstCPSIA, the Consumer Product Safety Improvement Act, rose to a politically effective level only on a selected few issues (publishers and libraries got a fix so that older children’s books would not have to be trashed; youthmotorsports eventually obtained an exemption, and so forth) but large numbers of smaller children’s products and specialties whose makers had less of a political voice simply disappeared.

Absolutely true.  I think of those who want to drink raw milk for instance.  Where does the government get off saying you can’t drink something you choose to drink if you’re willing to take the risk and suffer any consequences?  Something that, until pasteurization, everyone drank?  But since those who prefer raw milk don’t have a large lobby, they’re subjected to government bullying and laws prohibiting them from making that choice.

Choice is freedom.  Limiting of choice is limiting freedom and government is in the freedom limiting business.  The premise is you’re not able to make good choices yourself, so government must keep you from doing so.  Question?  If aging cheese on wood was dangerous to our health and it had been the reason from many deaths over the centuries, how do you suppose the market for such cheeses might have been effected by now?  Right.  It certainly wouldn’t have come down to some government bureaucrat making a unilateral decision in 2014, that’s for sure.

In Iraq, Mosul has fallen to terrorists.  Nightwatch brings us up to date:

ISIL has been trying to take Mosul since earlier in June, but only lately assembled enough forces to rout the security forces and overrun the city.

ISIL now controls two major cities in the Sunni region of Iraq: Fallujah and Mosul. Its fighters tried to overrun several other cities, but failed. Its aim is to create an Islamic emirate that joins Iraq and Syria.

The group had been affiliated with al Qaida for many years, since the time of Abu Musab Zarqawi, according to the National Counter Terrorism Center. In February al Qaida disavowed all links with ISIL because its actions were more extreme than al Qaida and it would not follow orders to stop fighting the al Nusrah Front in Syria, which al-Qaida supports.

On Sunday in Syria, ISIL fighters clashed with the al-Qaida-affiliated al Nusrah Front in eastern Syria, while its Iraq wing fought to capture Mosul in Iraq. This is a formidable group. Only the Syrian Kurds stand in the way of ISIL consolidating large areas in Iraq and Syria under its control.

Mosul’s capture reinforces the judgment that Iraq has re-entered civil war. ISIL is more than an insurgency because it has an effective organization and is conquering territory. By force of arms, it has created a power-sharing arrangement with the government in Baghdad and fragmented the country. A statement by the Muslim scholars association today encouraged ISIL to hold Mosul and to set up an administration. It urged the youth of the city to defend it against the Baghdad government.

ISIL’s control in Syria seems tenuous and contested by other opposition groups. In Iraq, it is the dominant anti-government force and it has broken Iraq, for now.

My position?  If Iraqi’s want a free Iraq, they’d better fight for it.  They’ve been given the time, the equipment and the training.  Now, it’s up to them.

Finally, yesterday I literally had to laugh out loud when I read something Robert Reich, a former Secretary of Labor, had written on his Facebook page.  It simply demonstrates how effing silly – and dangerous to your freedoms – these people are:

President Obama announced steps yesterday he said will make student loans more affordable. It’s probably all he can manage with a grid-locked Congress, but it’s still tinkering with a system of college financing that’s spinning out of control. What’s really needed is to make college free of charge and require all graduates to pay 10 percent of their earnings for the first 10 years of full-time work into a fund that pays the costs (additional years of graduate school means added years of payments). That way, nobody graduates with debts; young people from lower-income families can afford to attend; graduates who go into high-wage occupations in effect subsidize those who go into lower-wage work; and we move toward a system of genuinely equal opportunity. What do you think?

Right … free college for all.  Graduate with no debt!

Question: How in the world does this dolt think that making all graduates pay “10 percent of their earnings for the first 10 years” to fund “free college” doesn’t equal being in debt?  Oh, and who would keep track of all this?  Why the IRS of course – another in a long line of ideas to further centralize control of all aspects of your life at the federal level and add to the federal bureaucracy’s reach and power.

Then add the scam value of this.  Ride the gravy train for 3 or 4 years of free college and then walk away as a non-graduate.  Nothing to pay, right?  I mean the stipulation is that “graduates” pay, so why not hang out in a college dorm, eat in the chow hall, do your own thing while also doing barely enough to stay in school.  That way you can let these other dopes subsidize those years for you.  Then, move, apply to a new school and repeat.  Trust me, there are enough “professional students” in this world that I can promise that would be done.

Oh … and read the comments to the Reich post.  They’ll make you weep.

~McQ

Delusion – see it in action

David Gergen provides us with a perfect example:

Obama’s second term is a total aberration. Resisted by obstructionists among Republicans and plagued by his own mistakes, the first 12 months after re-election were a bust. Why he and his team didn’t take more care in the rollout of the Affordable Care Act website will remain one of the great mysteries for historians.

But it has now become equally puzzling why he has not become more sure-footed in foreign affairs. He is one of the brightest men ever to occupy the office, and yet his learning curve has been among the flattest. Talking to players on the world stage — most of whom still want him to succeed — one finds them genuinely rattled, worried about a lack of national will and operational competence.

I have to tell you I laughed my rear end off reading the highlighted sentence.  Did he not reread what he said there?

Now maybe its just me, but I would suggest that a sign of intelligence – being “bright” – is that  you learn.  You learn from history.  You learn from your own mistakes.  You learn from others. I.e. you don’t have a flat learning curve if you’re actually bright. Especially when you’ve had almost 6 years to figure it out.  And make no mistake, Obama hasn’t figured it out yet. He’s not even close. And currently he’s on a global whine-a-thon, lamenting his fate, calling himself a “singles hitter”, blah, blah, blah.

Yet despite all of this Gergen and other Obama supporters can’t see past this incredible contradiction (which says a lot about how “bright” they are).  They have deluded themselves into thinking that this fellow is just so bright that it must be the fault of others that he can’t seem to learn (those damned “obstructionists” for one).   They cannot yet face the fact that Obama is a bust.  He’s been a bust from day 1.  Yet here we are, almost 6 years later, with supposed “bright” people making statements like Gergens’.

Why can’t they own up to the fact they were wrong – wrong about Obama’s capabilities, wrong about his competence, and, apparently wrong about his level of intelligence.  After so many millions of gushing words about the man, that’s embarrassing. And it is a reflection on their intelligence as well.  So instead they delude themselves and write sentences like Gergens’.

But even they, at least some of them, are beginning to understand the depth of the mistake they made, whether they’ll ever admit it or not:

America needs a strong, effective president year in, year out, to help propel us forward. Our success as a people has depended on our capacity to solve the problems of today so we can move on to tomorrow. The endless evasions and diversions are tying us in knots and draining our spirits.

The world needs strong, effective American leadership as well; for all our mistakes like Iraq, the U.S. is the one nation that still has the power to keep world order. But in the twinkle of an eye, we have gone from being indispensable to indisposed.

You have to chuckle about the need to include “Iraq” as a mistake.  No mention of the legion of foreign policy mistakes and disasters of this administration.  But Gergen, other than that, is quite correct.  The problem now is the utter depths to which our foreign policy has plunged are so obvious even they must acknowledge it.

And it burns to have to do so, as you can tell.  But the delusion that it really isn’t the man or his ideas that are at fault persists.  It’s everyone else’s fault.  Just ask them.

~McQ

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