Like Comment Share In 2022, there were over 2.76 million illegal migrant crossings at the Southwest border. That’s roughly the population of Chicago, America’s third largest city. To address this unprecedented surge, President Biden recently announced tougher restrictions and made a show of visiting the border himself.
But unlike a decade or two ago, when the immigration debate was mostly about economics, today it’s an issue that’s subsumed by the culture wars and our polarized discourse. Republican governors bus migrants to sanctuary cities and they’re called “xenophobic” and “cruel” by the left. But what happens when a Democratic governor does much the same thing, bussing migrants from Colorado to New York City and Chicago? Is it still a heartless political stunt? Or is all of this just an inevitable consequence of our broken immigration system?
So this week: a debate moderated by guest host Kmele Foster between Alex Nowrasteh and Jessica Vaughan. Are current levels of immigration helping or hurting America? How do we balance humanitarian concerns with America’s economic and security needs? Should we be trying to enforce more or less restrictions at the border? And what exactly should we do to fix our immigration policies?
Alex is the director of Economic and Social Policy Studies at the Cato Institute, a libertarian think tank. Jessica is the director of Policy Studies for the Center for Immigration Studies, a think tank that describes themselves as “pro-immigrant but low immigration.”
While Alex and Jessica couldn’t be more opposite in their approach—Alex favors free immigration, while Jessica argues for restrictionist policies—in this episode of Honestly we look for common ground, debate the facts, and search for solutions.
Protesters in Atlanta, are calling for violence against police officers and law enforcement entities following a police-involved shooting on Wednesday that left a state trooper wounded and one man dead.
The Twitter account Scenes from the Atlanta Forest calls for a “Night of Rage” on Friday to enact “reciprocal violence to be done to the police and their allies,” according to the Scenes from the Atlanta Forest Twitter account.
“Consider this a call for reciprocal violence to be done to the police and their allies. On Friday, January 20th, wherever you are, you are invited to participate in a night of rage in order to honor the memory of our fallen comrade,” the group wrote on Twitter, in an apparent violation of the platform’s terms and conditions.
The account claims to be a part of Defend the Atlanta Forest, one of the multiple groups protesting in an area where the city is set to construct the new Atlanta Public Safety Training Center.
State troopers stand with a DeKalb, Georgia, police officers on Constitution and International Park in Atlanta on Wednesday, Jan. 18, 2023. (John Spink/Atlanta Journal-Constitution via AP)
The Defenders of the Forest said in a statement to Fox News Digital that it is “a broad, diverse, decentralized movement to defend the Atlanta forest.” They went on to say they are only a “news aggregator for the movement” and “not affiliated” with Scenes from the Atlanta Forest.
In another tweet, posted several hours later, the group added: “The police will kill you if given the chance. Now is the time for bravery. Take care of each other. Be dangerous together.”
The group appeared to acknowledge the post was against Twitter’s rule not to incite violence as it said in yet another tweet that its account “is not long for this world.”
The upcoming event comes after a Georgia State Patrol trooper, wearing a bulletproof vest, was shot in the abdomen Wednesday morning. It happened as police tried to clear an encampment near the site where the $90 million Atlanta Police Department (APD) facility will be constructed.
Police at the scene where a Georgia state trooper was shot on Wednesday, Jan. 18, 2023. (Fox 5 Atlanta)
The sweep was conducted as “an operation to identify people who are trespassing and committing other crimes on the property,” the Georgia Bureau of Investigation (GBI) said.
“At about 9:00 a.m. today, as law enforcement was moving through the property, officers located a man inside a tent in the woods. Officers gave verbal commands to the man who did not comply and shot a Georgia State Patrol Trooper,” GBI said in a statement. “Other law enforcement officers returned fire, hitting the man.”
“Law enforcement evacuated the Trooper to a safe area. The man died on scene,” it added.
The bureau continued: “The injured Georgia State Patrol Trooper was taken to a local hospital where he underwent surgery. A handgun and shell casings were located at the scene. The GBI is working the officer-involved shooting and the investigation is still active and ongoing.”
The identities of the officer and the deceased have not yet been released. The officer was hospitalized and is in stable condition.
DeKalb, Georgia, and Atlanta SWAT members are pictured leaving the Gresham Park command post in Atlanta on Wednesday, Jan. 18, 2023. (John Spink/Atlanta Journal-Constitution via AP)
“The individual who fired upon law enforcement and shot the trooper was killed in the exchange of gunfire,” GBI director Michael Register said. (John Spink/Atlanta Journal-Constitution via AP)
During a press conference, GBI director Michael Register confirmed that the shooting was in self-defense after the now-deceased individual opened fire “without warning” on the trooper.
“An individual, without warning, shot a Georgia State Patrol trooper,” Register told reporters. “Other law enforcement personnel returned fire in self-defense and evacuated the trooper to a safe area. The individual who fired upon law enforcement and shot the trooper was killed in the exchange of gunfire.”
Four others were arrested at the scene and taken to the DeKalb County Jail. Charges are pending.
“They’re endangering the community and the citizens around this area,” Register said of the encampment and the protesters, FOX 5 Atlanta reported.
Georgia Gov. Brian Kemp also commented on the shooting and said he and his family were praying for law enforcement officers.
“Marty, the girls, and I are praying for this brave Trooper and public safety officers across all law enforcement agencies today,” he tweeted Wednesday morning. “As our thoughts remain with him and his family, our resolve also remains steadfast and strong to see criminals brought to justice.”
The joint task force formed to combat ongoing criminal activity at the APD site includes the GBI, Atlanta Police Department, Georgia Attorney General’s Office, DeKalb County District Attorney’s Office, Georgia State Patrol, FBI, DeKalb County Police Department, Department of Natural Resources, and the Georgia Emergency Management Agency (GEMA).
Georgia state troopers stand along Key Road in Atlanta on Wednesday, Jan. 18, 2023. (John Spink/Atlanta Journal-Constitution via AP)
Defend the Atlanta Forest held a vigil Wednesday evening at the Little Five Points Square to “memorialize the forest defender” that was “murdered by the police,” it announced on Twitter.
“Today the police shot and killed a forest defender below the canopy of our beloved forest,” the group said. “No one can bring our friend back to us. An innocent life has been taken and the machines continue.”
“We will not go quietly into this dark night,” it added.
“Police killed a forest defender today, someone who loved the forest, someone who fought to protect the earth & its inhabitants,” the group continued in a tweet.
And: “This is why we organize to stop Cop City. And we will. In honor of their life, and the lives of everyone killed and imprisoned by the police.”
The group also announced another event on Jan. 21, where members are encouraged to “wear black in mourning” for the dead member.
These events come amid heightened tension between protesters and the police, involving several arrests over several months over the APD construction.
“The Atlanta Police Department seeks to turn 300 acres of forest into a tactical training compound featuring a mock city. This project was announced to the shock of community members who had been given no opportunity to weigh in on the proposal. The entire process has been shadier than the forest itself,” Defend the Atlanta Forest’s website reads.
According to the group, they are explicitly protesting the new “Cop City” as it will “hyper-militarize law enforcement” and “will serve as a national model of police militarization and budgetary bloat.”
The group names the 2020 death of George Floyd and others as its motivation to protest police violence.
A man holds up his hands while marching following the guilty verdict in the trial of Derek Chauvin on April 20, 2021, in Atlanta, Georgia. (Elijah Nouvelage/AFP via Getty Images)
People march following the guilty verdict in the trial of Derek Chauvin on April 20, 2021, in Atlanta. (Elijah Nouvelage/AFP via Getty Images)
The group also claims it does not advocate for violence and that “no one has been harmed by participants in this movement.”
Last week, anarchists in Atlanta also targeted Brasfield & Gorrie, the general contractor of the police facility, and spray-painted graffiti on its buildings.
“B&G stop cop city,” the graffiti read, according to photos. “We have the numbers,” another spray-painted message read.
Also, last month, police arrested five people at the APD site location. They were also charged with domestic terrorism.
On Dec. 14, the GBI wrote: “Yesterday, December 13, 2022, our agents assisted APD and other local, state, and task force members in an operation to remove barricades blocking some of the entrances to the training center.”
“Prior to yesterday’s operation, APD and other agencies had made several arrests over the past few months for the ongoing criminal activity at the site location. Some of the criminal activities include carjacking, various crimes against persons, destruction of property, arson, and attacks against public safety officials. Law enforcement continues to address the criminal acts committed by the individuals that continue to occupy the area of the proposed training site,” it said.
Atlanta’s authorities arrested Francis Carroll, age 22, of Maine, Nicholas Olson, age 25, of Nebraska, Serena Hertel, age 25, of California, Leonardo Vioselle, age 20, of Macon, Georgia, and Arieon Robinson, age 22, of Wisconsin, on Dec. 13, 2022. (DeKalb County Sheriff’s Office/Georgia Bureau of Investigation)
The arrested individuals included Francis Carroll, age 22, of Maine, Nicholas Olson, age 25, of Nebraska, Serena Hertel, age 25, of California, Leonardo Vioselle, age 20, of Macon, GA, and Arieon Robinson, age 22, of Wisconsin.
“After police cleared the area of concern, which included makeshift treehouses, they found explosive devices, gasoline, and road flares,” the GBI said in its statement on Jan. 14.
DeKalb County District Attorney Sherry Boston said those who were arrested had attacked firefighters and police officers with rocks and weapons as the officers removed barricades blocking some entrances to the site, according to FOX 5 Atlanta.
The investigation into the activities at the APD site is active and ongoing. Anyone with information is encouraged to contact local law enforcement or the GBI at 1-800-597-TIPS.
Rep. James Comer, R-Ky., chairman of the House Oversight Committee, told reporters Monday night that the handling of the discovery of classified documents by President Joe Biden’s lawyers that were taken from the White House six years ago is a display of a “two-tier” system of justice.
On Monday, Fox News confirmed that a batch of records from Biden’s time as vice president, including a “small number of documents with classified markings,” were discovered at the Penn Biden Center by the president’s personal attorneys on Nov. 2, according to Richard Saubel, special counsel to the White House.
The attorneys found the documents in a locked closet while preparing to vacate office space at the center, which the president used from mid-2017 until he began the 2020 campaign.
Comer told reporters that the handling of these documents is a stark contrast to the FBI’s raid of former President Donald Trump’s Mar-a-Lago home in Florida last year in search of classified documents taken after Trump lost his re-election bid in 2020.
House Oversight Committee Chairman James Comer, R-Ky., says the committee will investigate the Biden classified documents. (Alex Wong/Getty Images)
“Is the White House going to be raided tonight?” Comer asked. “Are they going to raid the Biden center? I don’t know.”
“This is further concern that there’s a two-tier justice system within the DOJ with how they treat Republicans vs. Democrats … certainly how they treat the former president vs. the current president,” Comer added.
House Oversight and Reform Committee Chairman James Comer, R-Ky. (Jonathan Ernst-Pool/Getty Images/File)
A political ploy.
Comer said that after the Mar-a-Lago raid, according to the research his office conducted, they found that “every president had accidentally packed documents that may or may not be considered classified.”
“But they weren’t raided,” he added.
Local law enforcement officers are seen in front of the home of former President Donald Trump at Mar-a-Lago in Palm Beach, Florida, on Aug. 9, 2022. (Giorgio Viera/AFP via Getty Images)
Comer said the Oversight Committee plans to send a letter to the National Archives, and depending on where the investigation leads, would be open to holding a hearing on the matter.
“President Biden has stated that taking classified documents from the White House is ‘irresponsible,'” Comer said in a statement. “Under the Biden Administration, the Department of Justice and National Archives have made compliance with the Presidential Records Act a top priority.”
“We expect the same treatment for President Biden, who has apparently inappropriately maintained classified documents in an insecure setting for several years,” Comer added.
The FBI raided Trump’s Florida residence over the summer.
Machine-gun toting agents posted up at Mar-a-Lago while the FBI rummaged through Trump’s home looking for classified documents.
The Washington Post recently reported (after the midterms) that the DOJ believes Trump took his White House records to Mar-a-Lago as ‘mementos.’
WaPo reported that Trump never intended to sell or use the documents as leverage. Of course, we have known this the entire time and WaPo is finally admitting the FBI raid was all a political ploy.
Attorney General Merrick Garland assigned a U.S. attorney to review the roughly ten classified documents that were found in an old office of President Joe Biden, CBS News reported on Monday.
The classified documents are from Biden’s vice-presidential office at the Penn Biden Center for Diplomacy and Global Engagement in Washington, which is within close proximity to Capitol Hill.
The classified documents were found by Biden’s personal attorneys just days before the midterms on November 2, according to Special Counsel to the President Richard Sauber.
Sauber said the White House “is cooperating with the National Archives and the Department of Justice Justice regarding the discovery of what appear to be Obama-Biden Administration records.”
Once Biden’s attorneys found the documents, they notified the National Archives, who reportedly referred the matter to the U.S. Department of Justice (DOJ), leading to Garland’s appointment of U.S. Attorney John Lausch to investigate how the classified documents ended up in Biden’s old office.
The President periodically used this space from mid-2017 until the start of the 2020 campaign. On the day of this discovery, November 2, 2022, the White House Counsel’s Office notified the National Archives. The Archives took possession of the materials the following morning.
The discovery of these documents was made by the President’s attorneys. The documents were not the subject of any previous request or inquiry by the Archives. Since that discovery, the President’s personal attorneys have cooperated with the Archives and the Department of Justice in a process to ensure that any Obama-Biden Administration records are appropriately in the possession of the Archives.
The classified documents were reportedly in a folder that was in a box with other unclassified materials.
It should be noted that Biden’s ‘think tank’ center at the University of Pennsylvania is now located in D.C. and received $millions in donations from CHINA.
The FBI on Wednesday finally broke its silence and responded to the revelations on Twitter of close ties between the bureau and the social media giant—ties that included efforts to suppress information and censor political speech.
“The correspondence between the FBI and Twitter show nothing more than examples of our traditional, longstanding and ongoing federal government and private sector engagements, which involve numerous companies over multiple sectors and industries,” the bureau said in a statement.“As evidenced in the correspondence, the FBI provides critical information to the private sector in an effort to allow them to protect themselves and their customers. The men and women of the FBI work every day to protect the American public. It is unfortunate that conspiracy theorists and others are feeding the American public misinformation with the sole purpose of attempting to discredit the agency.”
Almost all of the FBI communique is untrue, except the phrase about the bureau’s “engagements which involve numerous companies over multiple sectors and industries.”
Future disclosures will no doubt reveal similar FBI subcontracting with other social media concerns of Silicon Valley to stifle free expression and news deemed problematic to the FBI’s agenda.
The FBI did not wish to help Twitter “to protect themselves,” given the bureau’s Twitter liaisons were often surprised at the FBI’s bold requests to suppress the expression of those who had not violated Twitter’s own admittedly biased “terms of service” and “community standards.”
The FBI and its helpers on the Left now reboot the same boilerplate about “conspiracy theorists” and “misinformation” smears used against anyone who rejected the FBI-fed Russian collusion hoax and the bureau’s peddling of the “Russian disinformation” lie to suppress accurate pre-election news about the authenticity of Hunter Biden’s laptop.
The FBI is now, tragically, in a freefall. The public is at the point, first, of asking what improper or illegal behavior will the bureau not pursue, and what, if anything, must be done to reform or save a once great but now discredited agency.
Consider the last four directors, the public faces of the FBI for the last 22 years. Ex-director Robert Mueller testified before Congress that he simply would not or could not talk about the fraudulent Steele dossier. He claimed that it was not the catalyst for his special counsel investigation of Donald Trump’s alleged ties with the Russians when, of course, it was.
Mueller also testified that he was “not familiar” with Fusion GPS, although Glenn Simpson’s opposition research firm subsidized the dossier through various cutouts that led back to Hillary Clinton’s 2016 presidential campaign. And the skullduggery in the FBI-subsidized dossier helped force the appointment of Mueller himself.
While under congressional oath, Mueller’s successor James Comey on some 245 occasions claimed that he “could not remember, could not recall,” or “did not know” when asked simple questions fundamental to his own involvement with the Russian collusion hoax.
Comey, remember, memorialized a confidential conversation with President Trump on an FBI device and then used a third party to leak it to the New York Times. In his own words, the purpose was to force a special counsel appointment. The gambit worked, and his friend and predecessor Robert Mueller got the job. Twenty months and $40 million later, Mueller’s investigation tore the country apart but could find no evidence that Trump, as Steele alleged, colluded with the Russians to throw the 2016 election.
Comey also seems to have reassured the president that he was not the target of an ongoing FBI investigation, when in fact, Trump was.
Comey was never indicted for either misleading or lying to a congressional committee or leaking a document variously considered either confidential or classified.
While under oath, his interim successor, Andrew McCabe, on a number of occasions flat-out lied to federal investigators. Or as the office of the inspector general put it:
As detailed in this report, the OIG found that then-Deputy Director Andrew McCabe lacked candor, including under oath, on multiple occasions in connection with describing his role in connection with a disclosure to the WSJ, and that this conduct violated FBI Offense Codes 2.5 and 2.6. The OIG also concluded that McCabe’s disclosure of the existence of an ongoing investigation in the manner described in this report violated the FBI’s and the Department’s media policy and constituted misconduct.
McCabe purportedly believed Trump was working with the Russians as a veritable spy—a false accusation based entirely on the FBI’s paid, incoherent prevaricator Christopher Steele. And so, McCabe discussed with Deputy Attorney General Rod Rosenstein methods to have the president’s conversations wiretapped via a Rosenstein-worn stealthy recording device, presumably without a warrant.
Note the FBI ruined the lives of General Michael Flynn and Carter Page with false allegations of criminal conduct or untruthful testimonies. Under current director Christopher Wray, the FBI has surveilled parents at school boards meetings—on the prompt of the National School Boards Association, whose president wrote Attorney General Merrick Garland alleging that bothersome parents upset over critical race indoctrination groups were supposedly violence-prone and veritable terrorists.
Under Wray, the FBI staged the psychodramatic Mar-a-Lago raid on an ex-president’s home. The FBI likely leaked the post facto myths that the seized documents contained “nuclear codes” or “nuclear secrets.”
Under Wray, the FBI perfected the performance-art, humiliating public arrests of former White House officials or Biden Administration opponents, whether it was the nocturnal rousting of Project Veritas muckraker James O’Keefe in his underwear or the arrest—with leg restraints=—of former White House advisor Peter Navarro at Reagan National Airport for misdemeanor contempt of Congress charge or the detention of Trump election lawyer John Eastman at a restaurant with his family and the confiscation of his phone. Neither O’Keefe nor Eastman has yet been charged with any serious crimes.
The FBI arguably interfered in two presidential elections, and a presidential transition, and possibly determinatively so. In 2016, James Comey announced that his investigation had found that Hillary Clinton had improperly if not illegally used her private email server to conduct official State Department business, some of it confidential and classified, and likely intercepted by foreign governments. All that was a clear violation of federal statutes. Comey next, quite improperly as a combined FBI investigator and a de facto federal prosecutor, deduced that such violations did not merit prosecution.
Around the same time, the FBI had hired as a source the foreign national and political opposition hitman Christopher Steele. It helped Steele to spread among the media his fraudulent dossier and used its unverified and false contents to win FISA warrants against U.S. citizens on the bogus charges of colluding with the Russians to throw the election to Donald Trump. By the FBI’s own admission, it would not have obtained warrants to surveil Trump campaign associates without the use of Steele’s dossier, which it also admittedly either knew was a fraud or could not corroborate.
Again, such allegations in the dossier were false and, apparently, the FBI soon knew they were bogus since one of its own lawyers—the now-convicted felon Kevin Clinesmith—found it necessary also to alter a court-submitted document to feign incriminatory information.
The FBI, on the prompt of lame-duck members of the Obama Justice Department, during a presidential transition, set up an entrapment ambush of National Security Advisor Michael Flynn. It was an effort to lure Flynn into admitting to a violation of the Logan Act, a 223-year-old-law that has led to only two indictments and zero convictions.
During the 2020 election, the FBI suppressed knowledge of its possession of Hunter Biden’s laptop. Early on, the bureau knew that the computer and its contents were authentic and yet kept its contents suppressed.
Moreover, the FBI sought to contract out Twitter (at roughly $3.5 million) as a veritable subsidiarity to suppress social media traffic about the laptop and speech the bureau deemed improper.
Again, although the FBI knew the laptop in its possession was likely genuine, it still sought to use Twitter employees to suppress pre-election mention of that reality. At the same time, bureau officials remained mum when 51 former “intelligence officials” misled the country by claiming that the laptop had all the hallmarks of “Russian disinformation.” Polls later revealed that had the public known the truth about the laptop, a significant number likely would have voted differently—perhaps enough to change the outcome of the election.
The media, Twitter, Facebook, and former intelligence operatives were all following the FBI’s own preliminary warning bulletin that “Foreign Actors and Cybercriminals Likely to Spread Disinformation Regarding 2020 Election Results”—even as the bureau knew the laptop in its possession was most certainly not Russian disinformation. And, of course, the FBI had helped spread the Russian collusion hoax in 2016.
In addition, the FBI-issued phones of agent Peter Strzok and attorney Lisa Page, along with members of Robert Mueller’s special counsel “dream team”—all under subpoena—had their data mysteriously wiped clean, purportedly “by accident.”
Apparently, the paramours Strzok and Page, in particular, had much more to hide, given how earlier they had frequently expressed their venom toward candidate Donald Trump. Strzok boasted to Page that the FBI in general, and Andrew McCabe in particular, had an “insurance policy” means of denying Trump the presidency:
I want to believe the path you threw out in Andy’s office—that there’s no way he gets elected—but I’m afraid we can’t take the risk. It’s like an insurance policy in the unlikely event you die before you’re 40.
When some of their embarrassing texts emerged, both were dismissed by the special counsel. But Mueller carefully did so by staggering Strozk and Pages’ departures and not immediately releasing the reasons for their firings or reassignments.
To this day, the public has no idea what the FBI was doing on January 6, how many FBI informants and agents were among the rioters, and to what degree they knew in advance of the protests. The New York Times reporter most acquainted with the January 6 riot, Matthew Rosenberg, dismissed the buffoonish violence as “no big deal” and scoffed, “They were making this an organized thing that it wasn’t.”
“There were a ton of FBI informants among the people who attacked the Capitol,” Rosenberg noted. We have never been told anything about that “ton”—a topic of zero interest to the January 6 select committee.
What are the people to do about a federal law enforcement agency whose directors either repeatedly lie under oath, or mislead, or do not cooperate with congressional overseers?
What should we do with a bureau that alters court documents, deceives the court with information the FBI had good reason to know was false and leaks records of confidential presidential conversations to the media to prompt the appointment of a special prosecutor?
What should be done with a government agency that pays social media corporations to warp the dissemination of the news and suppress free expression and communications? Or an agency that hires a foreign national to gather dirt on a presidential candidate and plots to ensure that there is “no way” a presidential candidate “gets elected” and destroys subpoenaed evidence?
What, if anything, should the people do about a once-respected law enforcement agency that repeatedly smears its critics, most recently as “conspiracy theorists?”
The current FBI leadership under Christopher Wray, in the tradition of recent FBI directors, has stonewalled congressional overseers about FBI activity during the Trump and Biden Administrations. In “Après moi, le déluge” fashion, the bureau acts as if it assumes the next Republican administration in office will remove the current hierarchy. And thus, it assumes for now, not cooperating with Republican investigations while Democrats hold control of the Senate and White House for a brief while longer ensures exemption.
Wray, most recently, cut short his Senate testimony on the pretext of an unspecified engagement, which turned out to be flying out on the FBI Gulfstream jet to his vacation home.
Yet the bureau’s lack of candor, contrition, and cooperation has only further alienated the public, especially traditional and conservative America, characteristically the chief source of support for the FBI.
There have been all sorts of remedies proposed for the bureau.
The three reforms most commonly suggested include: 1) simply dissolve the FBI in the belief that its concentration of power in Washington has become uncontrollable and is increasingly put to partisan service, including but not limited to the warping of U.S. presidential elections; 2) move the FBI headquarters out of the Washington D.C. nexus, preferably in the age of Zoom to a more convenient and central location in the United States, perhaps an urban site such as Salt Lake City, Denver, Kansas City, or Oklahoma City; or 3) break-up and decentralize the FBI and redistribute its various divisions to different departments to ensure that the power of its $11 billion budget and 35,000 employees are no longer aggregated and put in service of particular political agendas.
The next two years are dangerous times for the FBI—and the country. The House will soon likely begin investigations of the agency’s improper behavior. Yet, simultaneously, the Biden Justice Department will escalate its use of the bureau as a partisan investigative service for political purposes.
The FBI’s former embattled, high-ranking administrators who have been fired or forced to leave the agency—Andrew McCabe, James Comey, Peter Strzok, James Baker, Lisa Page, and others—will continue to appear on the cable news stations and social media to inveigh against critics of the FBI, despite being all deeply involved in the Russia-collusion hoax.
Merrick Garland will continue to order the FBI to hound perceived enemies through surveillance and performance art arrests. And the people will only grow more convinced the bureau has become Stasi-like and cannot be reformed but must be broken up—even as in extremis a defiant and unapologetic FBI will, as its latest communique shows, attack its critics. ✪
On top of the malfunctioning machines and 4-hour-long waiting lines in Maricopa County, we now have this startling confession:
Maricopa County Recorder Stephen Richer testified Wednesday during GOP gubernatorial candidate Kari Lake’s election challenge trial that the individual polling locations did not tally the total number of votes cast in the midterm elections, a violation of Arizona state law.
One of the allegations in Lake’s lawsuit is that the total number of ballots the county reported in the election increased by nearly 25,000 from Nov. 9, the day after the contest, to Nov. 11.
That number is significant because it exceeds Katie Hobbs’ approximately 17,000-vote margin of victory over Lake.
“They’re not counted at the individual loading locations.”
“On Election Day it would’ve been easy for you to figure out how many ballots you received,” Blehm said to Richer.
He responded, “Well, we had to get them all in and it was quite a process throughout the night.”
Blehm interjected, “You can look at the forms and add the numbers. Correct?”
“They’re not counted at the individual loading locations,” Richer said. “They are counted when they get back to MCTEC and then they are recounted at Runbeck.”
“Does anybody know when those ballots leave the voting centers how many are in the bins?” Blehm asked.
“When the early ballots leave the voting centers, no, they are not counted at the voting centers,” Richer answered.
Blehm followed up, “Nobody knows how many [ballots] are in the bins when they arrive at MCTEC. Correct?”
“Correct,” Richer said.
The 2019 Arizona elections procedures manual, which cites state law, requires an audit at each voting location of the total number of ballots cast. The results must be recorded in an official ballot report.
The audit even requires accounting for the total amount of ballot stock paper on-site. The ballots cast must then be placed in sealed boxes.
According to former Arizona Secretary of State Ken Bennett, Maricopa County should have known the total number of ballots on Election Day or certainly by the day after.
Each voting center, he explained, should have reported the exact number of voters and the number of early ballots that were dropped off.
The county must be able to answer the question, “How many ballots are we responsible for?” Bennett said.
“And it should match up with the number of people who signed in on the voting list or envelopes of the people that mailed theirs in or … dropped them off at voting centers on Election Day.”
Come January North Carolina and Ohio will have favourable State Supreme Courts. Now they can ignore what was ruled by the present court. We will see a fair map for both Ohio and North Carolina.
The courts ruled against the maps that were drawn up by the elected Legislatures. But both maps were thrown out. But now with conservatives in power we wll see the Republican drawn maps in place.
Why this must never happen again. Hopefully Moore Vs. Harper will fix this. Back in 2020 four states, Pennsylvania, Georgia, Michigan, and Wisconsin in which the state executive branch (that is, the governor or other executive official) and or the judicial branch (that is, the state supreme court) changed the rules of the election apart from the authority of the state legislature.
The Democrats claim this is illegal gerrymandering. But the Republicans use the Constitution as their reason it’s not. Article I, Section 4 of the Constitution tells us who makes the rules regarding national elections: “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof. . . .” In other words, the Constitution gives the authority over national elections to the legislatures in each of the states.
With the 2024 elections less than two years away, Giving a Secretary of State or Governor dictorial powers was not what the founding fathers wanted. That’s why the state legislatures were given that power. A group of men and women elected by the people for the people.
First I’m not and never have been a lawyer. But having been in law enforcement and been involved in several lawsuits tells me that Swalwell made the right choice getting out of the legal field cause he has no clue. Jonathan Turley sets him straight.
The fault lines for the 2024 elections are already taking shape with the two parties in diametrically opposed positions and there is no greater divide than over parental rights. That stark difference was no more evident than in a tweet from Rep. Eric Swalwell who mocked the notion of parents making major decisions in the education of their children.
The California Democrat insisted that it is akin to “putting patients in charge of their own surgeries? Clients in charge of their own trials?” Swalwell declared: “Please tell me what I’m missing here … This is so stupid.”
What Rep. Swalwell, a lawyer, is missing is called informed consent. Since he asked for assistance, let’s deal with each in turn.
Patients and medical consent
American torts have long required consent in medical torts. Indeed, what Swalwell seemed to suggest would be battery for doctors to make the key decisions over surgical goals or purposes. Indeed, even when doctors secured consent to operate on one ear, it was still considered battery when they decided in the operation to address the other ear in the best interests of the patient. Mohr v. Williams (Minn. 1905).
In Canterbury v. Spence the court rejected claims that a physician can make key decisions given “the patient’s right of self-determination.” Thus, doctors in the United States do have to secure the consent of patients in what they intend to do in surgeries or other medical procedures. (There are narrow exceptions such things as “substituted consent” or emergencies that do not apply here).
Ironically, California has one of the strongest patient-based consent rules. As the California Supreme Court stated in Cobbs v. Grant (1972): “Unlimited discretion in the physician is irreconcilable with the basic right of the patient to make the ultimate informed decision regarding the course of treatment to which he knowledgeably consents to be subjected.”
While obviously a patient cannot direct an operation itself, the doctor is expected to explain and secure the consent of the patient in what a surgery will attempt and how it will be accomplished. That is precisely what parents are demanding in looking at the subjects and books being taught in school. Moreover, that is precisely the role of school boards, which has historically exercised concurrent authority over the schools with the teachers hired under the school board-approved budgets.
Clients and legal consent
Swalwell is also wrong in suggesting that clients are not in charge of their own trials. Not only must attorneys secure the consent of their clients on what will be argued in trial, but they can be removed by their clients for failure to adequately represent their interests. It would be malpractice for a lawyer to tell a client, as suggested by Swalwell, that they do not control the major decisions in their own cases.
Ironically, the informed consent under defined in the Model Rules of Professional Conduct as the “agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct”).
Obviously, lawyers must follow their own ethical and professional judgment in trials, and tactical choices are generally left up to the lawyers. However, the main objectives of the trial remain for the client to “knowingly and voluntarily assume” Metrick v. Chatz (Ill. App. Ct. 1994).
Much like the claim of parents, clients demand the right to reject a plan for trial and the arguments or means to be used at trial. This right of consent is ongoing and can be exercised at any point in the litigation.
Informed consent
Of course, the key to informed consent is that parents are given the information needed to secure their consent. School districts have been resisting such disclosures and pushing back on parental opposition to major curriculum or policy decisions.
What is most striking about Swalwell’s reference to patients and clients is that they, under his educational approach, have far more voice in a wart removal or a parking ticket challenge than the education of their children. If anything, his analogies support the call for greater parental knowledge and consent.
In other words, “what is missing here” is that Rep. Swalwell’s interpretation could constitute both medical and legal malpractice. It may also constitute political malpractice as both parties now careen toward the 2024 elections.
Another company is calling it quits in House Speaker Nancy Pelosi’s home city.
Outdoor active-wear brand Cotopaxi is closing its San Francisco store after only a year following rampant theft that left the store’s staff “terrified.”
The company’s founder, Davis Smith, announced the closing in a LinkedIn post Tuesday.
“It’s sad, but San Francisco appears to have descended into a city of chaos,” he wrote. “Many streets and parks are overrun with drugs, criminals, and homelessness, and local leadership and law enforcement enable it through inaction.
“One of the most beautiful and amazing cities in the world is now a place where many no longer feel safe visiting or living.”
Smith’s LinkedIn post featured two photos of broken and boarded-up windows.
Smith further outlined a pattern of property crimes, theft, and burglaries affecting his company’s San Francisco location in a Thursday interview with KABC-TV.
According to San Francisco Police Department data, overall crime in San Francisco is up 7.4 percent so far this year compared to the same period last year. But that number tells only part of the story.
In some districts of the city, crime was up over 20 percent. The data also includes only those crimes reported to the police; one would expect that as crime increases and law enforcement shows a general unwillingness or inability to act, reporting would die off even though crime is alive and well.
Moreover, the SFPD uses a “hierarchy rule,” so that in incidents involving multiple reported offenses, “only the highest offense is represented in the dataset.”
In other words, the only thing we can say for sure about crime in San Francisco is that the SFPD database doesn’t capture it all.
Smith’s post not only lamented the crime but the refusal of local officials to address it.
Smith is blaming city authorities and local law enforcement for inaction in the face of the neighborhood’s condition and is closing the store until the situation improves.
“Many streets and parks are overrun with drugs, criminals, and homelessness, and local leadership and law enforcement enable it through inaction,” Smith continued.
“We opened a retail store a year ago on Hayes Street, the charming shopping district just blocks away from the famous Full House home,” he wrote. “Our first week there, our windows were smashed and thousands of dollars of product was stolen. We replaced the window, and it immediately happened again (four times). We replaced with window with plywood as we waited for a month+ to get a metal security gate installed (demand for those gates is creating huge delays).”
As a result, he said, the company was left with no choice but to shutter the location, one of 10 that had been operated by Cotopaxi. The company website lists the location as “temporarily closed,” but Smith didn’t sound optimistic about the chances that it would re-open any time soon.
Security guards don’t help because these theft rings know that security guards won’t/can’t stop them.
“As of today, we are closing the store due to rampant organized theft and lack of safety for our team. Our store is hit by organized theft rings several times per week.They brazenly enter the store and grab thousands of dollars of product and walk out. We started keeping the door locked and opening it only for customers, but even then, they’ll have a woman go to the door, and then hiding individuals rush into the store as soon as the door opens.
“Our team is terrified. They feel unsafe. Security guards don’t help because these theft rings know that security guards won’t/can’t stop them.”
The rule of law is fundamental to human flourishing. Without governmental authorities bearing their sword to the terror of bad actors, chaos ensues.
“For rulers are not a terror to good conduct, but to bad,” Paul tells us in Romans. “Would you have no fear of the one who is in authority? Then do what is good, and you will receive his approval, for he is God’s servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God’s wrath on the wrongdoer.”
That’s why, he says, we pay taxes — a point not lost on Smith.
“It’s impossible for a retail store to operate in these circumstances, especially when cities refuse to take any action (despite us paying taxes well above any other state we operate in),” he wrote. “The city recently announced a reduction of police presence in this neighborhood, despite mass-scale crime.”
Smith expressed his sorrow at closing a shop in a city he is fond of — but that’s when he made his most striking point:
“I grew up in Latin America and spent much of my adult life there, and I never felt this unsafe there. Something has to change in San Francisco.”
This comes from two separate articles in The Western Journal.
California Gov. Gavin Newsom on Friday announced a sweeping package of what he called the country’s “most aggressive” climate measures to “accelerate the state’s transition” to non-conventional energy sources.
The package includes 40 bills that appear to provide new green rules on laws related to things ranging from large-scale industry to the family home and private and public transportation.
The Democratic governor’s office said in a statement the package of climate change-focused measures aims to cut pollution and target “big polluters.”
It comes as America’s most populous state has struggled to provide stable electricity for residents amid a heat wave, which saw the state asking residents to use less power and suggest the best times to use air conditioners or charge electric cars.
“This month has been a wake-up call for all of us that later is too late to act on climate change. California isn’t waiting any more,” Newsom said in a statement. “Together with the Legislature, California is taking the most aggressive action on climate our nation has ever seen.”
“We’re cleaning the air we breathe, holding the big polluters accountable, and ushering in a new era for clean energy,” he continued. “That’s climate action done the California Way—and we’re not only doubling down, we’re just getting started.”
In July, Newsom called for “bold actions” to combat climate change. He declared his climate-focused vision for California involves a push to achieve 90 percent “clean energy” by 2035, “carbon neutrality” by 2045, “setback measures” to target oil drilling, carbon capture programs, and to “advance nature-based solutions” to remove carbon from “natural and working lands.”
40 “Green” Bills
Newsom’s office said his sweeping package of measures will create four million new jobs over the next 20 years, cut air pollution by 60 percent, and reduce state oil consumption by 91 percent.
How this would be achieved was not explained in the governor’s news release.
The package of measures, the governor’s office said, will save the state $23 billion by avoiding damage from pollution. It further aims to cut fossil fuel use in buildings and transportation by 92 percent and refinery pollution by 94 percent.
The governor named a list of the 40 new green bills, which touch on things from the broad scope of the climate to more everyday matters such as community air quality, electricity supply, vehicle permits, and gas pricing.
Some of the bills, which were all named in the governor’s news release, include:
AB 1279: “The California Climate Crisis Act”
AB 1389: “Clean Transportation Program: project funding preferences”
AB 1749: “Community emissions reduction programs: toxic air contaminants and criteria air pollutants”
AB 1857: “Solid waste”
AB 1909: “Vehicles: bicycle omnibus bill”
AB 2075: “Energy: electric vehicle charging standards”
AB 2622: “Sales and use taxes: exemptions: California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project: transit buses”
AB 2836: “Carl Moyer Memorial Air Quality Standards Attainment Program: vehicle registration fees: California tire fee”
SB 1063: “Energy: appliance standards and cost-effective measures”
SB 1205: “Water rights: appropriation”
SB 1230: “Zero-emission and near-zero-emission vehicle incentive programs: requirements”
SB 1322: “Energy: petroleum pricing”
SB 1382: “Air pollution: Clean Cars 4 All Program: Sales and Use Tax Law: zero emissions vehicle exemption”
How the package of new green laws and regulations might impact, for example, standards required for cars to be permitted on Californian roads; how and when homes can be cooled; the source of electricity allowed to be supplied to homes; the manufacturing of everyday appliances and products, etc., were not outlined in the governor’s news release.
This latest pronouncement comes on the heels of Newsom enacting regulation to phase out sales of new gas-powered cars by 2035.