FIRE sues to end university speech codes

Pushback: The Foundation for Individual Rights in Education (FIRE) today filed lawsuits against the speech codes at four universities.

Read the article. The specific examples are quite oppressive. For example:

At Citrus College in California, student Vincenzo Sinapi-Riddle is challenging three unconstitutional policies, including a free speech zone that the school already agreed to abolish after a 2003 lawsuit. Not only did Citrus College reinstitute its “Free Speech Area,” comprising a miniscule 1.37% of campus, but it also requires student organizations to undergo a two-week approval process for any expressive activity.

Another lawsuit presses the IRS

A third lawsuit against the IRS, this one by True the Vote, will demand answers at a hearing on July 11 about those lost emails.

This lawsuit is in addition to the Z-Street and the Judicial Watch suits. Thus, we now have three different judges in three different courts pushing back at the IRS coverup, with hearings scheduled for July 10 and July 11.

As I said, things should get very hot for the IRS and the Obama administration come mid-July.

True the Vote sues Mississippi over voter fraud in Republican primary

True the Vote, the organization harassed by the IRS and the Obama administration for investigating fraud at the polls, has sued the Mississippi Secretary of State over alleged voter fraud in last week’s Republican primary.

Though I found some of Cochran’s campaign efforts quite disgusting, I was not offended that blacks came out to vote for him. As long as their vote is legal, that is their right. However, the allegations of fraud that have been swirling around this election suggest that maybe a closer look is warranted.

Hobby Lobby wins

The Supreme Court today struck down the Obamacare contraceptive mandate imposed by the Obama administration on all businesses.

Despite the opinions of many on the left, some of whom have even threatened to burn Hobby Lobby to the ground for making this challenge, this is a victory for religious liberty. Since when in this country did the government get the right to force religious people of any religion into doing things that directly violate their religious beliefs? This rules clearly says the government does not yet have that right.

No one who supports freedom, however, should rest easy. The decision was 5-4, and with a Democratic Party today quite willing to put restrictions on free speech, we must be prepared for more assaults on freedom.

Democrats rewrite their attempt to repeal the first amendment

The Democrats have rewritten their attempt to repeal the first amendment, adding one word in the hope no one will notice that it really changes nothing.

This is the new language:

To advance democratic self-government and political equality, and to protect the integrity of government and the electoral process, Congress and the States may regulate and set reasonable limits on the raising and spending of money by candidates and others to influence elections.

The phrasing is slightly different than the original, with the addition of the word “reasonable,” thus making believe that this makes their constitutional amendment more palatable. It does not. What it does do is illustrate once again that the modernDemocratic Party is not in favor of free speech. 42 Democratic Senators have endorsed this amendment. As John Hinderaker so cogently notes in the article above — paraphrasing Thomas Jefferson — the Democrats “have sworn eternal hostility against every limitation on government’s tyranny over the mind of man.”

Global warming scientists find another cute species to use for political purposes.

The fantasy land of global warming science: Despite a stable and robust population for emperor penguins, combined with a new record in Antarctica this very week for the size of its icecap, scientists today issued a report demanding that this species be declared endangered because global warming will make them all die.

Global warming will cut Antarctica’s 600,000-strong emperor penguin population by at least a fifth by 2100 as the sea ice on which the birds breed becomes less secure, a study said on Sunday. The report urged governments to list the birds as endangered, even though populations in 45 known colonies were likely to rise slightly by 2050 before declining. Such a listing could impose restrictions on tourism and fishing companies.

It’s insane. It is as if facts have no relevance. For example, the recommendation of the report is based entirely on computer models, the same models that have failed 100% to predict anything in the past twenty years. Moreover, the report admits the emperor penguin population is stable and large and is likely to increase in the next three decades.

But who cares! We have to save these cutsy penguins, so let’s make them endangered so they can be used as a political weapon against any disagreement about global warming!

Another legal case that could blow the IRS open

The lawsuit of a pro-Israeli organization, filed in August 2010, makes the IRS extremely vulnerable to deep legal investigation.

[Y]esterday saw the beginning of the discovery phase in the lawsuit by Z-Street a pro-Israel organization that was told its application for tax exempt status was being delayed because “…these cases are being sent to a special unit in the DC office to determine whether the organization’s activities contradict the Administration’s public policies.” …
Judge Jackson gave the IRS until June 26 to respond to Z-Street. That deadline has now passed, so the case enters discovery. This means that Z-Street can subpoena IRS officials, place them under oath, and ask them questions about how they acted, and cross examine them closely. They can also subpoena documents and require their production. This is much different than a House committee hearing in which members have only a few minutes to ask questions, and when friendly Democrats have their opportunity to apologize for the impertinence of daring to ask questions of our IRS masters. Depositions taken under oath can last many hours and involve detailed questions.

What makes the Z-Street case unique and potentially extremely damaging is that its lawsuit was filed in August 2010. That filing placed the IRS under legal obligation to preserve records.

As the article notes, as a legal proceeding it will be practically impossible for the IRS to stonewall, as it has done during Congressional hearings. Like the Judicial Watch case that will have a hearing on July 10, the IRS was required under the law to make sure evidence was not destroyed, and failed to do so. And like that case, the court will have the right to demand answers about that failure and get them.

I want to underline the basis of the Z-Street case: An IRS official admitted that this organization’s tax exempt status was being delayed merely because its “activities contradict the Administration’s public policies.” Think about that. The IRS believes it can decide your tax liability and status based on your political opinion.

Doesn’t that capture in a nutshell the entire scandal, in which the IRS was used as a weapon to harass opponents of the Democratic Party and specifically of Barack Obama.

Things could get very interesting for the IRS on July 10.

The judge with whom the IRS failed to notify about the lost emails and is holding a hearing on the matter on July 10 has in the past aggressively pursued corruption in the Department of Justice.

Judge Sullivan is the judge who held federal prosecutors in contempt, dismissed an unjust indictment against a United States Senator, and publicly excoriated the Department of Justice. He also had the moral conviction, courage and gumption to appoint a special prosecutor to investigate the Justice Department and the individual prosecutors. …

In the [Senator Ted] Stevens case, Judge Sullivan publicly upbraided the government lawyers before an overflow courtroom, “In nearly 25 years on the bench, I’ve never seen anything approaching the mishandling and misconduct that I’ve seen in this case. . . . When the government does not meet its obligations to turn over evidence, the system falters.”

Judge Sullivan was taking the extraordinary step of appointing a special prosecutor. He chose highly respected DC attorney Henry Schuelke III to investigate the prosecutors for possible criminal charges. The judge ordered the department to preserve all of its files, electronic correspondence—everything—and cooperate fully in the investigation, including providing Schuelke access to investigative files and all witnesses.

It is very possible Sullivan will get as incensed on July 10. Stay tuned. Things could get very hot for the IRS and the Obama administration on that day.

IRS also failed to tell court about lost emails

Cover-up: Even though the IRS knew it had lost a significant chunk of Lois Lerner emails in February, it failed to notify the court even as it released in April emails demanded of them as part of a court case.

No mention was made in that production of the lost Lerner emails, even though the original Judicial Watch FOIA lawsuit filed in May 2013 specifically sought them.

Judicial Watch further noted that “although IRS had knowledge of the missing Lois Lerner emails and of the other IRS officials, it materially omitted any mention of the missing records” in an April 30 status update on its document production. … The tax agency could also face court sanctions or even criminal proceedings if [the judge in the case] is not satisfied with the government’s explanation. [emphasis mine]

The IRS and the officials there should be punished criminally for this behavior, but I doubt it will happen.

And then there’s this: According to the law, the loss of the emails of Lerner and other IRS officials can be inferred as evidence that the emails were incriminating.

Let citizens sue government workers directly for misconduct.

Let citizens sue government workers directly for misconduct.

The way to control this epidemic of government law-breaking is to allow citizen victims to sue, and legislate personally liability for bureaucrats guilty of willfully illegal conduct.

I agree. If a government bureaucrat breaks the law and no one in the government does anything about it, allowing them to get off without punishment, then the American citizen who was harmed by that illegal activity should have the right to sue that bureaucrat directly. This is how the law applies in every other venue of society. Why should government workers be exempt from the liability of their actions?

Angara launch scrubbed.

Only moments prior to launch computers aborted the first flight of Angara, Russia’s first new rocket since the Soviet-era.

More information here. According to a Russian web forum, the problem is probably a leaky valve or the loss of pressure in the propulsion system and that it might take a week to be fixed.

The quote below from the first story above is interesting in that it once again illustrates how Putin is trying to exert his authority over the space industry to re-establish the Soviet-era top down way of doing things:

Putin, who had been poised to watch the rocket’s inaugural flight from the northern military Plesetsk cosmodrome via video link from the Kremlin, ordered his generals to report on the cause of the delay within an hour.

$4.4 billion for 2,000 IRS hard drive crashes.

After spending $4.4 billion on its computers during the Obama administration, the IRS still had over 2,000 hard drive crashes in 2014.

IRS commissioner John Koskinen used the 2,000 crashes as an argument that the crash of Lois Lerner’s hard drive was not that unusual, and that their aging equipment made backup difficult. To me, it suggests that the people at this agency are either gross incompetents, or even more corrupt than I thought.

Because you see, with that many crashes, the IRS made the one obvious decision anyone with any brains would immediately make in that situation: They canceled the contract with their email backup service.

More evidence of data tampering at NOAA

A close analysis of NOAA climate data from just one randomly picked Texas rural location reveals significant data tampering to make the climate appear to be growing warming.

In other words, the adjustments have added an astonishing 1.35C to the annual temperature for 2013. Note also that I have included the same figures for 1934, which show that the adjustment has reduced temperatures that year by 0.91C. So, the net effect of the adjustments between 1934 and 2013 has been to add 2.26C of warming. ,,,

So what possible justification can USHCN [the climate data center at NOAA] have for making such large adjustments? Their usual answer is TOBS, or Time of Observation Bias, which arises because temperatures are now monitored in the early morning rather than the late afternoon, which tended to be the practice before. But by their own admittance, TOBS adjustments should only account for about 0.2C.

What about station location? Has this changed? Well, not since 1949 according to the official Station Metadata. Luling is a small town of about 5000 people, and the station is situated at the Foundation Farm, 0.7 miles outside town. In other words, a fairly rural site, that should not need adjusting for urban influences.

It is plain that these adjustments made are not justifiable in any way. It is also clear that the number of “Estimated” measurements made are not justified either, as the real data is there, present and correct.

In doing this analysis, the author, Paul Homewood, does something that Steven Goddard of the Real Science website, the man who broke this story, doesn’t do very often: He carefully illustrates the full raw dataset and shows us how he isolates the raw data from the estimated and adjusted numbers. Goddard generally only shows his results, which means we have to trust his analysis. Homewood therefore approaches Goddard’s results skeptically, and thus acts to check his work to see if it is accurate and correct. He finds that it is.

This is science at its best.

I should also note that I found Homewood’s analysis because Steven Goddard posted a link on his own webpage. As a true scientist, Goddard does not fear a close look at his work. He welcomes it.

Blacklisting “disruptive” vets from medical care.

We’re here to help you! The Veterans administration keeps a database administrated by secret committees that lists vets as “disruptive” and “disgruntled,” which it then uses to restrict their treatment.

Among examples of patients’ behavior referred to the VA’s “Disruptive Behavior Committees” (yes, that’s what they’re called): venting “frustration about VA services and/or wait times, threatening lawsuits or to have people fired, and frequent unwarranted visits to the emergency department or telephone calls to facility staff.”

As Krause explains, the Disruptive Behavior Committees are secret panels “that decide whether or not to flag veterans without providing due process first. The veteran then has his or her right of access to care restricted without prior notice.”

Obviously, the VA demonstrates once again why we must put the entire healthcare industry under government control. If they can do it to vets, why shouldn’t the rest of the government not have the power to do it to us all!

Another global warming computer model bites the dust.

The uncertainty of science: Despite predicting ten years ago that the global temperature would rise significantly, actual temperatures have dropped in the ensuing decade.

But don’t worry, these climate scientists really do know what’s going to happen. Just give them lots of money, silence their critics, and they guarantee they will fake the data to make sure their predictions are right!

Supreme Court rejects abortion clinic free speech buffer zone.

In another victory against government overreach, the Supreme Court today ruled that a buffer zone protecting abortion clincs from protests violates the first amendment.

While the court was unanimous in the outcome, Roberts joined with the four liberal justices to strike down the buffer zone on narrow grounds. In a separate opinion, Justice Antonin Scalia criticized Roberts’ opinion for carrying forward “this court’s practice of giving abortion-rights advocates a pass when it comes to suppressing the free-speech rights of their opponents.”

I am once again gratified that the entire court recognized the unconstitutionality of this buffer zone. However, Scalia is right. That a majority of the court rejected the buffer on narrow grounds is unfortunate.

Supreme Court rejects Obama’s recess appointments

The law is such an inconvenient thing: In a 9-0 ruling, the Supreme Court has decided that Barack Obama’s fake recess appointments were unconstitutional.

Two and one-half years ago in 2012, Obama tried to slip-in appointments to the National Labor Relations Board without the constitutionally required Senate approval, claiming he had the right to do so because the Senate was in recess. There’s only one problem. The Senate was not in formal recess when Obama made the dictatorial appointments.

Now the Supreme Court of the United States has ruled in a unanimous 9-0 decision that Obama doesn’t get to define when the U.S. Senate is in recess, the Senate does.

I am gratified that all the Democratic appointees to the court ruled against Obama, refusing to allow their partisan tendencies to overrule the plain language of the Constitution. More information about the ruling and its history here.

China heads for the Moon and Mars.

The competition heats up: In several different news stories today China touted its future plans in space.

The landing test described in the first story above will also be the first test flight of China’s new heavy lift rocket, Long March 5.

That China is both politically and culturally serious about this effort can be seen by the nationalistic enthusiasm for this space effort that permeates these stories. They also can’t help comparing their plans to U.S. efforts.
» Read more

My Space Show appearance June 14, 2014.

For those who wish to listen to the podcast of my two hour appearance on the Space Show yesterday, you can get the podcast here. You can also comment on my discussion with David Livingston and his callers at the Space Show blog, or here.

The two major topics we discussed were first, Russia’s future in space in the context of that government’s effort to retake control of its entire aerospace industry, and second, the evidence that there is fraud and data manipulation going on in the climate research units of both NOAA and NASA. I also discussed some recent space science stories, such as Yutu on the Moon, Curiosity on Mars, and Cassini’s recent imagery of the lakes of Titan.

Report finds 6.9 million people registered to vote in multiple states.

A cross-check of the voter rolls from 28 states has found almost 7 million duplicate registrations.

Note that the head of the organization that issued this report was one of the conservative individuals harassed by the IRS as well as three other government agencies. I guess the Democrats consider it voter suppression (and maybe racist!) to prevent these 7 million people from voting twice.

EPA “loses” emails like the IRS.

Transparency! Subpoenaed emails at the EPA have been lost because of a hard drive crash.

The hearing also included a bit of deja vu for the committee when members grilled [EPA Administrator Gina] McCarthy on lost emails from a hard-drive crash (the same issue that wiped out emails from IRS employee Lois Lerner). In this case, the emails in question were from retired EPA employee Philip North, who was involved in the agency’s decision to begin the process of preemptively vetoing the Pebble Mine project in Alaska.

North, who declined an interview request by the committee, is retired, and committee staff say they have been unable to track him down. According to a committee aide, North’s hard drive crashed in 2010—which was around the same time that the committee is investigating the agency’s discussions of a potential veto—and the emails were not backed up.

This is all crap. The only way these emails get lost is if the people involved intentionally “lost” them.

Supreme Court forbids warrantless police searches of cell phones.

A victory for civil rights: The Supreme Court ruled today that police do not have the right to rummage through your cell phone data without a warrant.

As welcome as this decision is, I must point out the threat posed by this last sentence in the article:

The court did carve out exceptions for “exigencies” that arise, such as major security threats.

Since the Obama administration wanted the right to do warrantless searches, don’t be surprised if this exception grows so that everything possible can be made to fit it.

The VA scandal expands with new report

Coming to a hospital near you! A new report indicates that as many as 1,000 veterans might have died because of corruption and incompetence at the VA.

The report also alleges that the VA routinely performs unnecessary preventative care, cannot process claims in a timely fashion, employs health care providers who have lost their medical licenses, and – as has been widely reported – maintains secret waiting lists in order to create the impression that the department is meeting performance goals set in Washington.

The report further alleges that some VA staff have been implicated in criminal activities, including drug dealing, sexual abuse, attempted kidnapping, theft, and conspiracy. “Earlier this year, one former staffer at the Tampa, Florida, VA was sentenced to six years in federal prison for trading veterans’ personal information for crack cocaine,” CNN reported on Tuesday.

In spite of these failures, VA senior managers are still receiving bonuses.

I want to emphasize again that this is exactly the kind of mess we can expect to occur with our private healthcare system as Obamacare forces the government to interfere with it more and more.

IRS admits it leaked confidential tax information

Working for the Democratic Party: The IRS has agreed to pay $50K to a political organization for leaking confidential tax information to its political enemies.

The Daily Signal has learned that, under a consent judgment today, the IRS agreed to pay $50,000 in damages to the National Organization for Marriage as a result of the unlawful release of the confidential information to a gay rights group, the Human Rights Campaign, that is NOM’s chief political rival. ,,,

In February 2012, the Human Rights Campaign posted on its web site NOM’s 2008 tax return and the names and contact information of the marriage group’s major donors, including soon-to-be Republican presidential nominee Mitt Romney. That information then was published by the Huffington Post and other liberal-leaning news sites.

HRC’s president at the time, Joe Solmonese, was tapped that same month as a national co-chairman of President Barack Obama’s re-election campaign.

The information had been fed from the IRS to a gay rights activist who to this day refuses to reveal who his contact at the IRS was.

“They did not follow the law.”

“They did not follow the law.”

Guess who. Its initials are I-R-S, and the person making the accusation is the head of the National Archives. said during House hearings Tuesday on the IRS scandal.

Archivist of the U.S. David Ferriero, speaking before the House Oversight and Government Reform Committee, made clear that federal agencies are supposed to report whenever their records are destroyed or even accidentally deleted. But he said that after emails from embattled IRS official Lois Lerner vanished after a computer failure in 2011, nobody told the National Archives.

“They did not follow the law,” Ferriero said.

But hey, just try playing this game if the IRS calls you in for a tax audit.

India’s new prime minister to watch rocket launch.

The competition heats up: The new prime minister of India, Narendra Modi, will watch the next commercial launch of his country’s Polar Satellite Launch Vehicle (PSLV)

Modi would be called a tea party candidate in the U.S. He is very pro-capitalism and business. And though he has said he is very pro-space, I do wonder what he thinks of the commercial efforts of India’s space agency ISRO. ISRO is developing its rockets in an effort to capture international market share. It is as if NASA built the Falcon 9 and was trying to make money selling its use to private satellite companies.

I would not be surprised if Modi decides eventually to privatize this operation, taking the rocket development and commercial launches out of the hands of the government.

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