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Justice Purchased, Justice Attacked, Part 2

The New York Analysis concludes its two-part examination of the “lawfare” attack on the American electorate. 

Illegal Immigration has been a substantive issue in numerous elections across the nation, and candidates endorsing tougher border controls have fared well. To reverse that result, Soros, according to True Pundit, “Soros is helping foot the bill for illegal immigrants’ legal services…Soros has previously blasted strong, national borders as an “obstacle” for illegal immigrants and foreign refugees trying to enter the Western world, Breitbart London reported.”

There is no single, vast, organized conspiracy, although some of the action has been financed by key wealthy sources. The lion’s share of the blame must be placed on a reduction of the legal standards that have guided American jurisprudence throughout the life of the U.S., an abandonment by some in the judiciary and in the practice of law to make decisions or file actions based on law and precedent, rather than personal political beliefs.

A salient example concerns the President’s travel ban. Whatever one’s opinion is of Mr. Trump’s  executive order, the ability of a judge to overturn it is not legally in question.  The decision of the judges who have ruled against or stayed the matter are not based on or permitted in either the Constitution or the Unites States Code. (It is somewhat ironic that key elements of that order were based on former President Obama’s actions, which the same legal circles never challenged or questioned.)

As the New York Analysis of Policy and Government has previously noted, “There is a reality surrounding the Ninth Circuit Court’s upholding of a stay on President Trump’s temporary travel ban: It is based on that Court’s political preferences, and not on the law. It is a reflection of an ongoing and desperate attempt by the left to nullify by disruption and force the election of 2016.
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“There is no Constitutional provision, no statutory law, and no legal precedent that could reasonably be cited as the justification for the opinion.  There is not even political precedent to back it up.  Former Presidents Carter and Obama, during their tenures in office, engaged in similar acts, without facing the obstacles now levied at the current Administration. President Bill Clinton deported 12 million illegal aliens, without the opposition of the same forces that seek to discredit Trump.

“The Constitution has no provision allowing the courts to set this type of policy.  Further, Statutory law Title 8, Section 1182 of the U.S. Code explicitly, clearly, and undeniably provides the president with this authority.  The Court ignored both facts in its decision. A first-year law student would be given a failing grade if he or she wrote a moot court opinion without noting those key facts.”

Allowing judges or prosecutors to rule or act on personal, partisan beliefs rather than law and precedent is a dangerous threat to the entire foundation of American jurisprudence. Special Counsel Robert Mueller’s appointment of significant Clinton donors to his investigatory team is an affront to the entire concept of justice. According to Brendan Kirby writing in Lifezette Meuller’s staff includes former a “Clinton Foundation lawyer, contributors to Obama, Hillary, [and] more….Four top lawyers hired by Mueller have contributed tens of thousands of dollars over the years to the Democratic Party and Democratic candidates, including former President Barack Obama and President Donald Trump’s 2016 opponent, Hillary Clinton. One of the hires, Jeannie Rhee, also worked as a lawyer for the Clinton Foundation and helped persuade a federal judge to block a conservative activist’s attempts to force Bill and Hillary Clinton to answer questions under oath about operations of the family-run charity.”

A more direct lawfare assault on the U.S. electoral process was noted by Joe Schoffstall Democrats have scrambled to build up a massive network to counter voter integrity efforts after Donald Trump’s victory over Hillary Clinton. Marc Elias, the former top campaign lawyer for Hillary Clinton, led challenges against voter identification laws in numerous states leading up to the 2016 elections. The effort was bankrolled by millions of dollars from Soros. Elias recently joined the board of Priorities USA Action, the largest liberal super PAC that backed Clinton, to spearhead their nonprofit arm’s efforts against voter laws.”

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Quick Analysis

Justice Purchased, Justice Attacked

The New York Analysis presents a two-part examination of the “lawfare” attack on the American electorate. 

The American electorate is in the midst of a lawfare attack.

Lawfare is defined as the “use of law as a weapon of war,”  according to the Lawfare Project. “It denotes the abuse of Western laws and judicial systems to achieve strategic military or political ends. Lawfare is inherently negative…It is the opposite of pursuing justice.  It is filing frivolous lawsuits and misusing legal processes to intimidate and frustrate opponents…”

The election results of 2010–2016 were devastating to the Progressive Left.  Eventually, The White House, the Senate, the House of Representatives, most Governorships, and most state legislatures were won by Republicans, many of whom ran on platforms denouncing failed left-wing policies which led to a devastated middle class, a ruined health care system, a weakened economy, diminished race relations, and unprecedented dangers to U.S. national security.

This occurred despite vigorous attempts by a biased media to assist progressive candidates, a move which didn’t sway the voting public. The oppressive environment against centrists and conservatives within the nation’s universities, both by intimidating professors and radical students, did not produce campaign gains. A vehement effort by Hollywood to portray Republicans as villains was equally ineffective.

Lacking success with other approaches, it appears that a lawfare attack was launched. Unlike a simple move to outspend an opponent (which would be rather difficult to do in this case) in a single suit by simply filing a costly legal action, the approach now underway is multi-faceted and designed more to discredit those who have won office by establishing doubt in the electorate’s mind. Uniquely, it also involves attempts to influence the outcome of aggressive actions by insuring that decision-making personnel favorable to the Left are in positions of responsibility.

In the wake of repetitive failures at the ballot box, leftist attorneys general have sought to gain voter support by filing groundless legal actions aimed more at disparaging Republican elected officials than at actually enforcing the law.

Hans Bader, writing for The Competitive Enterprise Institute (CEI), outlines the various ways that some state attorneys general have abused their office for partisan political purposes, aimed primarily at implementing leftist agendas rejected by the voters or prohibited by the Constitution. The CEI report outlines the various means leftist state attorneys generals have abused their authority:
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  1. The Ethical Breaches and Selective Applications of the Law. Using campaign contributors to bring lawsuits. Using the attorney general’s offi ce to promote personal gain or enrich cronies or relatives. Favoritism towards campaign donors and other uneven or unpredictable application of the law (including refusal to defend state laws or state agencies being sued when plausible defenses exist).
  2. Fabricating Law. Advocating that courts, in effect, rewrite statutes or stretch constitutional norms in order to make new law—for example, seeking judicial imposition of new taxes or regulations, or restrictions on private citizens’ freedom to contract.
  3. Usurping Legislative Powers. Bringing lawsuits that usurp regulatory powers granted to the federal government or other state entities, or that are untethered to any specifi c statutory or constitutional grant of authority.
  4. Predatory Practices. Seeking to regulate conduct occurring wholly in other states—for example, preying on out-of-state businesses that have not violated state law and have no remedy at the polls.

Mindful of the ability of district attorneys or state attorneys general to defeat the will of the electorate by lawfare, Progressive financiers have invested heavily in what used to be comparatively low-key races.

Fox News reports that “Big bucks from George Soros helped turn a Pennsylvania district attorney election on its head, in the latest example of the liberal billionaire’s influence in local U.S. politics. On April 28, Soros poured nearly $1.5 million into the Philadelphia Justice and Public Safety PAC, which supported candidate Larry Krasner in the Democratic primary. Krasner won on Tuesday, and by a wide margin…The race marked the first time a super PAC has supported a D.A. candidate in Philadelphia. Krasner, as the Daily Caller puts it, benefited from ‘the kind of capital typically reserved for important national political campaigns.’ Last August, Politico reported that Soros had channeled more than $3 million into seven local district-attorney campaigns in six states over the past year.

A Daily Caller review noted how this has became a fairly standard lawfare practice

“The outcome of the Philadelphia district attorney’s race followed a now-familiar playbook. A candidate aligned with Soros’ left-wing politics emerged victorious thanks to the billionaire’s willingness to flood local races with the kind of capital typically reserved for important national political campaigns…In one such instance, Soros poured $600,000 into the Houston district attorney’s race last fall…Soros spent more than $7 million influencing local prosecutorial races in 2015 and 2016, The Washington Times reported.”

The Report continues tomorrow.

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Quick Analysis

Preferential Treatment for Leftists

There are profound questions about a number of vital undercurrents in American politics that have been thoroughly avoided by the popular media and political scientists.  However, the bizarre protests following the election of Donald Trump have uncovered and highlighted these fault lines to such a degree that an open examination of them can no longer be avoided.

Since 1971, increasingly stringent federal, state and local laws have been imposed—sometimes to the detriment of First Amendment rights—on the funding of political campaigns.

According to a CATO  study, “efforts over the past 25 years to reform campaign finance, primarily by limiting contributions to and spending by campaigns, have been exceptionally popular.”

There have been attempts, mostly by Left Wing interests, to go even further, and regulate political speech on the internet, and even in newsrooms. One example comes from Wisconsin. According to The Wall Street Journal “Democrats plan to introduce a bill…that would block candidates from coordinating with supposedly independent groups and regulate so-called “issue ads” in the run-up to an election…The Wisconsin Supreme Court ruled such coordination was protected by the First Amendment…Federal law defines “electioneering communications” as any broadcast, cable or satellite communication that refers to a clearly identified candidate for federal office 30 days before a primary or 60 days before the general election, and is targeted to the relevant electorate.”

For all the enthusiasm of the Left to regulate free speech and other activities related to politics, however, there is an area which they not only ignore, but condone and indeed practice with vigor: the funding, assistance and advocacy of extremist positions by shadowy-funded organizations .

This has been revealed most clearly in the aftermath of the 2016 elections.  There is little doubt that the results were the direct antithesis of what Progressives hoped, combining the surprise victory of Donald Trump with the somewhat unexpected retention of the Senate (as well as the House of Representatives) by the GOP.

News reports have described the near-hysterical response by leftists, involving mass protests featuring violence against property and innocent bystanders in a number of cites,  as “spontaneous.” In fact, they are anything but.

Zero Hedge  reports that “contrary to USA Today’s claims that the anti-Trump protests across the nation are “spontaneous, involving people from all walks of life”, according to Wikileaks documents at least two of the people profiled by USA Today have a history of being professional agitators for the Democratic party, whose task is to stir up popular protests and – in extreme cases – unleash rioting, such as the following clip showing the latest day of violent protests in Portland revealed. As our reader notes, “I have a video of 5 city blocks on the West side of Chicago lined with busses from Wisconsin (Badger Bus Lines) bringing in protestors. The Sears tower is visible in the background.” The video was taken at 3:30pm on South Canal Street in Chicago on Saturday. As our reader points out, hundreds of the participants that took part in the downtown Chicago protests from November 12 were bused in using these vehicles. Other arrived by train.”

KGW, an NBC affiliate in Portland, Oregon reports that “More than 70 percent of the 112 anti-Trump protesters arrested in Portland didn’t vote in Oregon, according to state election records. The other approximately 30 percent did cast a ballot in Oregon or in another state.”
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Attempts to derail, first, Trump’s candidacy, and currently, his presidency, have been neither spontaneous nor the stuff of general adversarial politics.  Rather, they have been well funded “under the radar” by at least one billionaire backer, and assisted by academics who may have broken rules regarding the nonpartisan use of their teaching positions as well as regulations barring the use of their underage students for partisan purposes, as well as safety guidelines prohibiting the transportation of students without parental permission.

The Gateway Pundit found that an extreme leftist organization entitled Washington CAN! Has been paying people to protest, hiring individuals via ads on Craigslist.

The Daily Caller  found that “A left-wing charity organization with unknown sources of money is providing the funding for protests around the country…The Progress Unity Fund is a tax-exempt 501(c)3 organization — the same classification as the Red Cross. The group’s mission is to ‘provide a progressive alternative to mainstream charities,’ according to its IRS filings. The fund provides the financial backing for Act Now To Stop War & End Racism (ANSWER) Coalition, a left-wing activist group that began organizing “emergency protests” immediately after Trump’s election. Cities where ANSWER held protests included: Chicago, New York, DC and San Francisco, among others.”

While the left opposes support from legitimate citizens organizations to the candidates of their choice, questionable groups that fund Progressive causes are wholly ignored. Human Events  notes that George Soros “has given more than $7 billion to a who’s who of left-wing groups.  This partial list of recipients of Soros’ money says it all: ACORN, Apollo Alliance, National Council of La Raza, Tides Foundation” and others.

In the case of Donald Trump, who has opposed attempts to undercut U.S. law and financial interests through international treaties a key part of his political message, the motivations for his opponents’ financing of the demonstrations are clear. Human Events quotes him as stressing that “Insofar as there are collective interests that transcend state boundaries, the sovereignty of states must be subordinated to international law and international institutions.” Soro’s MoveOn.org is said to play a key part in the riots.

Some individuals at these preplanned and well financed “demonstrations” have even called for the assassination of Trump and Vice President-elect Pence.

While the regulation of political activity raises serious Constitutional questions, if it is to be done at all, it should be done fairly. The mass funding of extremist activities by George Soros and other billionaires has not been subjected to the same rules as other activities on the opposite side of the political divide.

Further, when the net focus of the activities of leftist organizations is to clearly undercut free elections and the rule of law, as clearly the current demonstrations against the Trump victory do, then appropriate legal scrutiny and action must be undertaken.

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Vote Fraud Evidence Expands

Further evidence of the potential impact voter fraud will have on the 2016 presidential election came to light yesterday.

A leaked memo from left-wing  George Soros’s Open Society Foundations, (OSF) reported in the Daily Caller indicates how the group’s support for open immigration presents “new opportunities” for the billionaire to unduly influence the 2016 campaign.   Earlier this year, OSF transferred funds to organizations that used violence to prevent U.S. citizens from attending Republican events.

Quotes from the leaked memo stress “Our premise for engaging in work related to governance was that…we should also be supporting actors in the field proactively seeking to change the policies, rules, and regulations that govern migration… The organization states it “has had to be selective and opportunistic… in supporting leaders in the field to push thinking on migration and better coordinate advocacy and reform efforts.”

Clinton’s lenient policy towards illegal immigrants contrasts sharply with rival Donald Trump, whose signature primary issue was a promise to build a wall and engage in other measure to stop unlawful entry into the U.S.

The Clinton camp, which engaged in highly questionable activities in its primary fight against Bernie Sanders, continues to maintain that voter fraud is not an issue. It’s a concept which defies both the evidence and past practices.

Realclear politics notes that “One of the biggest voter frauds may be that there is no voter fraud, that laws requiring voters to have a photo identification are just attempts to suppress black voting. Reporter John Fund has written three books on voter fraud and a recent survey by Old Dominion University indicates that there are more than a million registered voters who are not citizens, and who therefore are not legally entitled to vote.”

Former Justice Department Attorney J. Christian Adams, with unique and specialized experience in the topic, provides extraordinary evidence.  Among the examples, as reported by Realclearpolitics:

One of these frauds involved sending out absentee ballots to people who had never asked for them. Then a political operator would show up — uninvited — the day the ballots arrived and “help” the voter to fill them out. Sometimes the intruders simply took the ballots, filled them out and forged the signatures of the voters.These were illegal votes for Democrats…As for race-based “voter suppression,” amid all the political hysteria, how many hard facts have you heard? Probably none that supports that claim. Widely available free photo identification cards mean that poverty is no barrier to voting.Since blacks and whites both have to show photo I.D. for everything from cashing checks to getting on a plane, why has requiring a photo I.D. for voting caused such shrill outcries?”

Numerous examples abound.  Review just a small sample of recent ones:

Brian Anderson, writing for Downtrend recently reported:

“A TV station in Los Angeles has uncovered hundreds of dead people who have cast votes in multiple elections. CBS 2 did an extensive comparison of voter records and death records and discovered that hundreds of people who have passed away still managed to make it to the polls:CBS2 compared millions of voting records from the California Secretary of State’s office with death records from the Social Security Administration and found hundreds of so-called dead voters…The numbers come from state records that show votes were cast in that person’s name after they died. In some cases…they voted year after yearIn addition to voter ID laws, democrats also think that purging voter rolls is racist and that’s part of the issue here. In 2002 Congress passed the Help America Vote Act, which mandated a voter registration system that would eliminate ineligible voters. California is the only state that hasn’t complied with this law.”

Among the numerous examples provided by another organization, Discover the networks :

  • “September 2, 2015: Eight Texas Counties List More Voters Than Residents:“We are deeply concerned (that) voter rolls contain substantial numbers of ineligible voters,” True the Vote founder Catherine Engelbrecht stated in a letter to the eight Texas counties.
  • “December 2, 2014: Senator Mary Landrieu’s Chief of Staff Encourages Voter Fraud:A Louisiana mayor whose son is Democratic Sen. Mary Landrieu’s chief of staff told voters at a private event to vote twice, speaking to a partisan crowd 24 hours before Election Day last month. Opelousas, Louisiana Mayor Don Cravins Sr.’s Nov. 3 remarks show him telling a crowd in his home town that “if you ‘early voted,’ go vote again tomorrow. One more time’s not going to hurt.”  Louisianans, like Americans in many states, had the option of either voting ‘early’ or showing up on Election Day. Taking advantage of both options would be a crime.And for voters worried about criminal fraud charges, Cravins said he had an insurance policy – the re-election of a Democratic district attorney. “Tomorrow we’re gonna elect Earl Taylor as the D.A. so he won’t prosecute you if you vote twice,” Cravins said.
    Taylor won a fourth term ….
  • “October 30, 2014: Voter Fraud in Maryland (Massive Voting by Non-Citizens) An election integrity watchdog group [Virginia voters Alliance] … discovered massive and ongoing fraudulent voting by non-U.S. citizens in one county. But because of the way that the non-citizens are able to cast votes in elections, the fraud is likely happening in every single county and subdivision across the state. The group believes that the illegal voting has been happening for years.
  • “October 27, 2014: Study Reveals Significant Number of Non-Citizens Vote in U.S. Elections: Most non-citizens do not register, let alone vote. But enough do that their participation can change the outcome of close races. Our data comes from the Cooperative Congressional Election Study (CCES). … How many non-citizens participate in U.S. elections? More than 14 percent of non-citizens in both the 2008 and 2010 samples indicated that they were registered to vote. Our best guess, based upon extrapolations from the portion of the sample with a verified vote, is that 6.4 percent of non-citizens voted in 2008 …Because non-citizens tended to favor Democrats (Obama won more than 80 percent of the votes of non-citizens in the 2008 CCES sample), we find that this participation was large enough to plausibly account for Democratic victories in a few close elections.

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A fascinating note from Snopes: The majority of illegals enter the United States through Mexico. Mexico requires its citizens to have government-sponsored photo ID cards to vote in federal elections.

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The Assasination of Republican Front Runners

Donald Trump is no one’s idea of a perfect candidate.  He is blustery, short on specifics, and tall in hyperbole. He speaks harshly, egotistically, and is politically incorrect. It is difficult to support a candidate who provides so little details about his policy choices.

But he is not, in any way, the terror that the media and his political opposition portray. He reflects the very real frustration of a population tired of seeing their nation deteriorate by the day at the hands of an elitist and inept leadership (particularly at the White House level,) and being forced to accept that their children will be the first generation to do worse than their parents.

A reasonable case can be made that either of Trump’s GOP rivals could address these challenges  better than Trump. But while the media takes every opportunity to frame each of his comments as a solicitation for Armageddon, they go out of their way to ignore the horrifying record, ridiculous ideas, and overwhelming ethical violations of Hillary Clinton, and the nonsensical socialist policies of Bernie Sanders which have already failed in every venue in which they have been tried.

Let’s be clear on what is occurring. As the GOP front runner, Trump has a very large target on his back, the same as Chris Christie had much earlier when he appeared to have a significant edge. Back then, the media made more of Christie’s alleged “bridgegate” involvement (in which his appointees reportedly caused a traffic jam in revenge against a local mayor for a political quarrel) than they did about Clinton’s failed “reset” with Russia, her incompetence in Benghazi, or any other of her long history of policy failures and ethical failings.

It is reminiscent of the favorable, almost fawning, treatment John McCain received from the press, right up until the time it was clear that he was going to become the Republican nominee in 2008. Then it turned largely negative.

Almost no air time has been spent on the utterly disgraceful conspiracy by Soros and his outrageous Moveon.org to deprive the American people of the right to hear one of the candidates simply because they don’t like him.  That’s mob rule at its worst.

The major media have not only lost any sense of objectivity, they have interjected themselves into the process in a manner even worse than when one of their ilk, as a moderator in a presidential  debate between Romney and Obama, interjected herself into the 2012 race by openly tilting the forum against the GOP.

In 2016, they are, in essence, aiding and abetting the criminal actions of a well-financed and well organized mob to prevent the American voter from hearing the views of a candidate.
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Make no mistake: If Ted Cruz or John Kasich somehow overtake Trump and become the frontrunner, major media outlets will find a way of portraying them as the spawn of Satan.

The detractors of Trump today, Christie previously, and whoever is in the lead in the coming months are not limited to political opponents, the media, and the Soros/Moveon.org mobsters.

Any GOP frontrunner, whether it’s Trump claiming he wants to “Make America Great” or Cruz seeking to restore “Morning in America” or any candidate seeking to establish hope to the American people and return the U.S. to the pre-eminent position it held before the Obama wrecking crew got a hold of the country is a threat to those who have dedicated themselves to knocking the U.S. down as far it can go.

The Obama acolytes and would-be successors believe that America is evil and the aggressors in Russia, China, Iran and elsewhere are benign. They should be embarrassed at the devastation wrought upon the middle class, seniors, and youthful job seekers by their Progressive policies. They don’t want to allow candidates with viable solutions to demonstrate what a huge folly their leftist political agenda has been.

Trump, Cruz and Kasich may have uphill battles, but they can take comfort in knowing that their Progressive opponents  are sufficiently concerned about them that they have resorted to an unprecedented campaign of slander and in some cases violence to prevent them from moving forward.

It’s time that the voters, no matter who they support or whatever issues concern them most, reject the biased reporting of the media and the fascist tactics of the leftist extremists who seek to impose their will by lies and force.

 

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Senate Moves to Limit First Amendment

One of the most fierce and important conflicts has been ongoing this week in the U.S. Senate, as Majority Leader Harry Reid (D-Nevada)  emphasizes a move to alter the First Amendment.

As previously reported in the New York Analysis of Policy & Government, two Democrat senators, Tom Udall (D-New Mexico) and Charles Schumer (D-New York), proposed a measure that would limit free speech protections as they pertain to campaign donations. The proposed legislation has gained 43 Senate supporters—all Democrats.

At a Senate Rules Committee hearing earlier this year, Schumer stated that “”The First Amendment is sacred, but the First Amendment is not absolute. By making it absolute, you make it less sacred to most Americans.”

The push comes in the wake of recent U.S. Supreme Court decisions in the McCutheon http://www.scotusblog.com/case-files/cases/mccutcheon-v-federal-election-commission/  and Citizens United http://www.scotusblog.com/case-files/cases/citizens-united-v-federal-election-commission/  cases which struck down restrictions on First Amendment rights in campaign donations. Democrats point to monies from the Koch brothers; Republicans counter with the extraordinary amounts provided by George Soros, and a host of Hollywood and Wall Street sources.
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Democrats, closely linked to the increasingly troubled White House, are deeply concerned that Republicans will attract substantially more contributions in the upcoming election.

Reid’s move should be seen in light of other questionable attempts to reinterpret the First Amendment. Previously, the White House sought to have federal “monitors” review the work of talk radio and internet news sites, both seen as tilted towards the GOP. The President’s move to allow international control of the internet has also been seen as a threat to free speech in that medium.

A recent report in the Washington Free Beacon http://freebeacon.com/politics/obama-thought-he-could-amend-constitution-in-second-term/ author Ken Vogel noted that President Obama, in an address to wealthy donors in 2012, asserted that he would be “in a very strong position” to amend the Constitution regarding campaign laws during his second term.