Archive for 2015

LONG-TERM TEST: 2014 BMW 328d xDrive Sports Wagon. Back in the early days of InstaPundit I had a VW Passat wagon. It was a great car, though it had reliability problems after 50,000 miles. I think wagons deserve more attention as an alternative to sport utes.

21ST CENTURY RELATIONSHIPS: Judge Denies Glory Johnson’s Request for $20,000 in Spousal Support from Brittney Griner. “Glory Johnson’s request for $20,000 a month in temporary spousal support from Brittney Griner was denied in an Arizona court on Thursday. Maricopa County, Arizona, Superior Court commissioner Jacki Ireland stated that Griner, after only a 28 day marriage to Johnson, is not responsible for any financial support after the annulment. This decision comes on the heels of Johnson announcing earlier this week that she is pregnant with twins. Griner and Johnson were married on May 9, but a month later, and a day after Johnson announced she was pregnant, Griner filed for an annulment. Griner stated that the marriage was a mistake. Johnson was not only seeking $20,000 a month in spousal support, but she was also requesting her attorney fees to be paid, as well as car payments. . . . Also the court stated that Johnson could seek child support after the twins are born, even though Griner alleges that she was unaware that Johnson’s in vitro was successful or that she had undergone treatments.”

Lesbian divorce with child support issues and perhaps even a paternity maternity? dispute. Should be interesting.

WELL, THEY’RE MARINES AFTER ALL: Unarmed US Marines avert high-speed train massacre by ‘taking down’ Kalashnikov-wielding gunman who injured three ‘including one Briton’ onboard service between Amsterdam and Paris. “A crazed gunman, who opened fire with an assault rifle onboard a high-speed train was detained by a group of US Marines who were travelling on the service. The man is understood to have been overheard loading the Kalashnikov AK-47 assault rifle in the toilet by the un-armed Marines. Three people were injured when the man, believed to be a 26-year-old Moroccan, opened fire. As well as an assault rifle, he had at least six magazines with almost 200 rounds of ammunition. He was also carrying a knife.” Yeah, but they were Marines, so it still wasn’t really fair.

JUSTICE IN THE OBAMA/HOLDER/LYNCH ERA: Ninth Circuit Harshly Scrutinizes Law Enforcement Leak, Threatens Sanctions Against Department of Justice.

What the hell is going on in America?

The federal judiciary — which previously could be counted upon to be relatively complacent in the face of a culture of prosecutorial misconduct — has begun to take notice and harumph and even do something about it. In January a Ninth Circuit panel blasted state prosecutors defending a conviction won with perjury. Ninth Circuit Judge Alex Kozinski has started a blunt public and academic discussion of misconduct as a systemic problem. This week the Fifth Circuit cited prosecutorial misconduct — including federal prosecutors commenting on cases online under pseudonyms — in overturning the federal convictions of some murderous New Orleans police officers.

This is a trickle, not a tide. But normally federal judicial recognition of the problem of misconduct is a parched desert; any relief is notable. And in the last two months, judges have even questioned one of law enforcement’s most cherished methods of gaming the system — leaks to the press. The situation raises questions not just about government misconduct, but about how the press addresses such misconduct.

The behavior has gotten so bad — and the obvious impunity so obvious — that something is finally happening. So thanks guys, for being such gigantically corrupt bullies that it may actually produce change, I guess. . . .

IT’S MOSTLY ABOUT INCREASED OPPORTUNITIES FOR GRAFT: Government Licensure for Personal Trainers: A Solution in Search of a Problem. “In short, the modern push for personal training regulation is not a consumer grassroots movement or a local response to a perceived local problem, but rather a concerted effort from a handful of personal training certification organizations requesting that they have input in deciding who may practice personal training and who may not.”

YOU KNOW, NO MATTER WHERE YOU COME DOWN ON THE ULTIMATE ISSUE, THE PRO-CHOICE ORGANIZATIONS HAVE BEEN AWFULLY SLEAZY: Pro-Choice Group Takes Down Story Slut-Shaming Pro-Life Activist.

Yesterday, the pro-choice group RH Reality Check posted a story about Holly Kaitlyn O’Donnell, who has emerged as one of “the face of the ongoing series of attack videos against Planned Parenthood and StemExpress, a private company that contracted with Planned Parenthood to facilitate donations of fetal tissue.”

The story is amazing as a variety of slut-shaming, or using a woman’s private sex life as a way to denigrate or undermine her credibility in public. That it comes from a supposedly feminist, sex-positive site is pretty stunning. So stunning, in fact, that RH Reality Check has pulled the story from its site and scrubbed tweets promoting it.

I’m in favor of legal abortion but find RH Reality Check’s story truly disgusting. That the group has simply vanished the story only adds to the problem.

There’s a lot of disgusting behavior right now. I’m delighted to see Nick Gillespie naming and shaming the offender Jodi Jacobson here, with a picture.

ATTITUDES ARE HARDENING AS EUROPE’S “MIGRANT” CRISIS GETS WORSE: Slovakia refuses to accept Muslim migrants.

Attila was a “migrant” too. Seeking a better life for himself and his family. And fleeing climate change!

HILLARY SUPPORTER: I’M REALLY JUST VOTING FOR BILL CLINTON: Yes, of course. But Hillary is specifically running against the centrist, post-1994 policies of her husband, who in effort to triangulate against Newt Gingrich, inadvertently helped to bring you the 1990s economy you enjoyed so much.

Unfortunately, should a Hillary administration actually come to pass, it will resemble far more the disastrous eight years of the Obama administration instead — which makes sense, given her central role in his many foreign policy debacles.

SETTING ‘THE NEW YORKER’ STRAIGHT ON FREE SPEECH: You may remember me posting earlier this month about a recent article in The New Yorker by Kelefa Sanneh called “The Hell You Say” and its dismissive, yet poorly-researched handling of free speech (and us “speech nuts”). Well, I, along with some other staff members at FIRE, have carefully compiled “A Dozen Things ‘The New Yorker’ Gets Wrong about Free Speech (And Why It Matters)” to set the record straight. Why is critiquing this one magazine article important, you might ask? As I say in my response in today’s Huffington Post:

First of all, in a time when people seem increasingly comfortable with book banning, blasphemy laws, hate speech laws, and amending the Constitution to limit the First Amendment, it’s important to take every opportunity we can to correct common misconceptions and explain some of the basics of the deep and profound philosophy behind free speech and the wisdom inherent in First Amendment law. Second, it’s important to take on the growing tide of critics, including authors and even journalists, who rely on freedom of speech but want to dismiss it as something unsophisticated or even dangerous. Whether from Eric Posner, Gary Trudeau, or Noah Feldman, there is a push to dismiss freedom of speech that seems to lionize the fact that other countries limit it. Every single one of these critics should sit down and read Flemming Rose’s book on international censorship, The Tyranny of Silence, before assuming that “enlightened censorship” is either justified or working out well for anyone.

LISTEN KIDS, NOT EVERYONE IS A WINNER:

I am glad to hear that Pittsburgh Steeler James Harrison has come out against meaningless awards. Over the weekend, he revealed to his fans that he was returning the two sports “participation trophies” his sons, 8 and 6 years old, received for simply being on the team:

“I came home to find out that my boys received two trophies for nothing, participation trophies! While I am very proud of my boys for everything they do and will encourage them till the day I die, these trophies will be given back until they EARN a real trophy. I’m sorry I’m not sorry for believing that everything in life should be earned and I’m not about to raise two boys to be men by making them believe that they are entitled to something just because they tried their best…cause sometimes your best is not enough, and that should drive you to want to do better…not cry and whine until somebody gives you something to shut u up and keep you happy. #harrisonfamilyvalues”

Harrison’s decision was spot on. What a crock it is to give out participation trophies.

Yes.

ASHE SCHOW: Lack of campus due process could one day help an actual rapist.

Due process for college students has been in the news lately, as judge after judge makes favorable rulings for students accused of sexual assault.

Naturally, those outraged over the supposed epidemic of campus sexual assault claim that due process is an impediment to justice. An accusation is as good as guilt, some activists seemingly believe.

But accused students who feel they have been wrongly vilified are fighting back, by suing the universities that expelled them and treated them as guilty from the start. They’re claiming a lack of due process protections.

For instance, most colleges and universities don’t allow the accused or accuser to have legal representation (some schools allow a lawyer to sit in but not speak), many schools don’t even provide students with an explanation of the charges against them, or allow the accused to cross-examine his accuser. No testimony in campus courts is given under oath, yet the transcripts and evidence can be turned over to police afterward.

The accused students who are now suing are presenting evidence they believe exonerates them. The judges that have ruled favorably have acknowledged that they are not re-adjudicating the case but determining whether a “reasonable person would necessarily draw a different conclusion from the record.”

In many cases, much of the evidence boils down to he said/she said, which brings up a frightening question: What happens if an actual rapist sues the school for a lack of due process and wins?

Well, one big protection against that eventuality is that they don’t seem to be going after actual rapists. So we’ve got that going for us.