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« on: December 04, 2018, 04:04:53 PM » |
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________________________________ The Patriot Post Digest 12-4-2018 From The Federalist Patriot Free Email Subscription _______________________________
The Patriot Post® · Mid-Day Digest
Dec. 4, 2018 · https://patriotpost.us/digests/59822-mid-day-digest
THE FOUNDATION
“[The Judiciary] may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.” —Alexander Hamilton (1788)
https://patriotpost.us/fqd/59821-founders-quote-daily
IN TODAY’S EDITION
Trump gets an all-too-rare win on immigration in the courts.1 Demo high hopes for Mueller’s nothingburger.2 Daily Features: On the Web3, Columnists4, Headlines5, Memes6, Cartoons7, Opinion in Brief8, and Short Cuts9. Featured Analysis: China, NAFTA, and the Trade Trump Card10
IN BRIEF
SCOTUS Rejects Ecofascist Challenge to Border Wall11
Thomas Gallatin
A gaggle of three ecofascist groups just saw their hopes of preventing President Donald Trump from constructing a border wall based upon their environmental “concerns” rejected12 by the U.S. Supreme Court. The justices refused to take up the case in which California Federal Judge Gonzalo Curiel had ruled in February in favor of Trump. Curiel determined that the president had not exceeded his powers and had the legal authority to waive environmental laws based upon a 1996 law that was designed to stem illegal immigration.
In his ruling, Curiel quoted Chief Justice John Roberts: “Court(s) are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgements. Those decisions are entrusted to our Nation’s elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.” That was Roberts’s opinion in upholding ObamaCare despite clear constitutional reasons to strike it down, so Curiel’s choice of a quote was … interesting.
It’s important to note that it takes the approval of only four justices for a case to be heard before the High Court. Thus, the fact that not even four justices agreed to hear arguments sends the message that this case — obviously aimed at stymying Trump’s immigration-enforcement agenda — didn’t meet muster even for the Court’s left wing.
This is a clear win for Trump. It’s also ironic given that it originated with Curiel, a judge Trump previously criticized in a 2016 lawsuit13 regarding his now-defunct Trump University. At the time, Trump accused Curiel of being biased due to his Mexican heritage. But Curiel acted as any good judge should — upon the merits of the case as it relates to the law and not upon personal animus or bias.
Whether Trump gets congressional funding to build the wall is another matter entirely, but at least this roadblock cooked up by anti-Trump ecofascists has been removed.
https://patriotpost.us/articles/59819-scotus-rejects-ecofascist-challenge-to-border-wall
Demo High Hopes for Mueller’s Nothingburger14
Jordan Candler
Congressional Democrats (and Jeff Flake) hold exceedingly high expectations for Special Counsel Robert Mueller — enough to pursue legislation to neutralize President Donald Trump, who can send Mueller packing if and when he chooses. But as National Review’s Rich Lowry reminds us15, any kind of pro-Mueller statute devised by Democrats is on dubious grounds:
Mitch McConnell just did our constitutional order an enormous favor by burying the so-called Robert Mueller protection bill, hopefully never to rise again. … The president is the chief executive, and like it or not, Trump is president. … If the president can fire the attorney general (the ill-used Jeff Sessions attests that he can), he certainly can fire Mueller. The attorney general is a much more important position than the special counsel.
Lowry continues:
In compelling Senate testimony, Yale law professor Akhil Amar explained the constitutional problems with the Mueller protection bill. One is that to be constitutional, the special counsel must be an inferior officer. Otherwise, he has to be confirmed by the Senate, which Mueller wasn’t. And if he’s an inferior officer, he can be fired. Mueller can’t be an inferior officer in some respects and a hypersuperior officer in others, enjoying protections from his ouster that even Cabinet officials don’t enjoy.
The other perplexing facet is that Democrats are conspiring to protect what still appears to be a nothingburger, at least in a legal sense. In fact, former prosecutor Andrew McCarthy says16, “Special Counsel Mueller is building a report, not a case.” From his legal point of view, “No prosecutor builds a case the way Mueller is going about it. What prosecutor says, ‘Here’s our witness line-up: Michael Flynn, George Papadopoulos, Alex van der Zwaan, Rick Gates, Paul Manafort, Michael Cohen. And what is it that they have in common, ladies and gentlemen of the jury? Bingo! They’re all convicted liars.’”?
McCarthy adds:
For a prosecutor, like any trial lawyer, what the jury thinks is at least as important as what the law says. If the most memorable thing the jury takes into the deliberation room is that no one should believe a word your witnesses say, you are not going to convict the lowliest grifter, much less the president of the United States of America. As a prosecutor, you build a case by having your cooperating accomplice witnesses plead guilty to the big scheme you are trying to pin on the main culprit. After all, what makes these witnesses accomplices, literally, is that they were participants in the main culprit’s crime. That’s the scheme you’re trying to prove. … In short, you build a case by first establishing the foundational criminal offense. Juries do not convict people because they like or trust the prosecution’s witnesses. They convict because they are persuaded that justice demands redress for a real crime.
McCarthy believes that Mueller “is not going to indict the president, which would precipitate a trial at some point. The convicted liars are not going to be jury-trial witnesses, so Mueller is not concerned about their lack of credibility. The report will detail disturbing — and thus politically damaging — connections between Trump associates and Kremlin cronies. But there will be no collusion crime, and thus no charges and no need for witnesses.”
Unfortunately, Mueller’s conclusion won’t quell the Left’s politicking. Far from it.
https://patriotpost.us/articles/59802-demo-high-hopes-for-muellers-nothingburger
ON THE WEB TODAY
Study Finds Humans Came From One Pair17 — Researchers say 99% of all animal and human life originated no more than 200,000 years ago. Kids These Days18 — The young generation is learning things that will have to be unlearned or undone. Video: Is Rudolph the Reindeer Racist?19 — Ben Shapiro explains how the Huffington Post’s accusation of racism is insane.
BEST OF RIGHT OPINION
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For more of today’s columns, visit Right Opinion20.
TOP HEADLINES
In nation’s capital, Bush remembered as “great man” and “gentle soul” (Associated Press21) Caravan migrants begin to breach border as frustration with slow asylum process grows (Fox News22) Asylum denials hit record high in 2018 (CBS News23) Study: 63% of noncitizen households in 2014 used welfare (The Daily Wire24) CIA Director Gina Haspel to brief Congress on Khashoggi murder (Hot Air25) Pentagon will resume sending green-card-holding recruits to training to comply with court order (ABC News26) Wall Street execs too afraid to hire women in wake of #MeToo (The Washington Times27) France suspends controversial fuel tax after weeks of unrest (The Washington Post28) UN climate summit to emit more CO2 than 8,200 American homes do in a year (The Daily Signal29) Humor: Frightening rise in anti-Semitism blamed on the Jews (The Babylon Bee30) Policy: Congress should rethink electric vehicle subsidies (E2131) Policy: Worry less about inflation and more about recession (Bloomberg Opinion32) For more of today’s news, visit Patriot Headline Report33.
https://patriotpost.us/articles/59817-tuesday-top-headlines
GOOD NEWS
Man Gives $1,000 to Students, Teachers of CA School Ravaged by Wildfire34 Real-estate developer Bob Wilson, 90, gave students and staff at Paradise High School $1,000 each in a donation that totaled more than $1 million.
Smiles have been hard to come by for students ever since suffering through the most devastating wildfire in California history. About 900 of the 980 young people attending Paradise High School lost their homes, reports CBS News correspondent Jamie Yuccas. Wilson, who lives near San Diego, heard about the hardships these students were enduring, and he felt compelled to help.
“For me, high school … was an idyllic time of my life, you might say. And I thought about these kids, and I thought about my experience. And I said, you know, if I could just put a smile on their face,” Wilson said. “And so I decided on the spot I would do this.”
Wilson felt the best way he could have a personal, positive impact was through individual donations. He’s giving $1,000 check to all 980 students and their 105 teachers and staff members.
Read more at CBS News35.
https://patriotpost.us/articles/59820-man-gives-1000-dollars-to-students-teachers-of-ca-school-ravaged-by-wildfire
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