Archive for 2019

GOOD, BUT… F-35C Readiness Rises, Navy Fighter Shortfall Fades.

…the number of F-35s in service is still small, and getting the logistics spun up as the fleet grows will continue to be rocky. Just the way it goes.

“ANTI-ZIONISM” REVEALS ITS TRUE FACE AGAIN (LINK FIXED): Open antisemitism at Duke/UNC conference.

So I tend to be a skeptical of videos like this, which take hours of interviews and splice them down to a few minutes. But with that caveat, this looks very, very bad.

REINING IN THE DEEP STATE: One of the ways the regulatory bureaucracy works is through issuing “guidance documents” that essentially have the force of law, without having to jump through the pesky hoops of getting a bill through congress or complying with the Administrative Procedure Act. Some good news today, though – the President is issuing an executive order aimed at curbing this practice.

The EO will also require agencies to comply with laws about submitting documents to Congress, something previous Presidents have let their agency heads ignore. It’s a few small steps along the road to dealing with the bigger problem, but it’s good they’re being taken.

The Executive Order is something my colleague Wayne Crews has been advocating for, so kudos to him.

INTERESTING PIECE FROM STEVEN CALABRESI AND GARY LAWSON: The Depravity of the 1930s and the Modern Administrative State. “To be clear, we think that constitutional interpretation should be about the Constitution, not about time periods, values, or constitutional ‘orders,’ but if for some reason one wants to focus on time periods, the 1930s should be the last time period to which one looks for guidance.”

I believe a decent argument can be made that the post-Court packing judicial victories for the New Deal were procured by duress, and that later Supreme Courts are thus free to revisit them without the usual concerns for stare decisis.

TONY KATZ: The Official Buttigeig 2020 Path To The White House: #NeverPence. “Pete Buttigieg is engaging in fear mongering and hate, pushing the idea that Mike Pence is somehow attacking you, actively hurting you and coming after you when, of course, that is not the case. Buttigieg wants you to believe that the Vice President hates you, when that is also not the case.”

Meanwhile he lectures you on Christianity and morality.

BLACK HAWK OVER SUBIC BAY: A UH-60 Black Hawk helicopter from the 25th Combat Aviation Brigade approaches the flight deck of the amphibious assault ship USS Wasp in support of Exercise Balikatan 2019. Balikatan is an annual U.S.-Philippines military training exercise The photo sends a message to a certain Asian country engaged in imperialist territorial expansion in the South China Sea. Can you name that country?

VERY RELATED: The Manila-Beijing bromance is over.

DEEP BACKGROUND RELATED: Chapter 3, Cocktails from Hell.

LEGAL EDUCATION UPDATE, CONSEQUENCES EDITION: Sens. Ted Cruz, Josh Hawley team up in full court press on Yale Law School.

Sen. Josh Hawley (R-Mo.) blasted Yale Law School, his alma mater, over what he calls an “attempt to discriminate against students of faith.”

Yale Law recently came under scrutiny after Sen. Ted Cruz (R-Texas) sent a letter to the school threatening investigation or even possible litigation if it did not reverse a policy that would eliminate funding for students who want to complete religious-themed Summer Public Interest Fellowships.

According to the Daily Wire, Yale Law School Dean Heather Gerken stated in a letter to leftist students that the school’s “nondiscrimination policy will extend to the Summer Public Interest Fellowship (SPIF), Career Options Assistance Program (COAP), and our post-graduate public interest fellowships.” Those students had pressured the university to do so after a conservative group of law students hosted a conservative lawyer for an event on the landmark Supreme Court case, Masterpiece Cakeshop v. Colorado Civil Rights Commission.

“Yale Law School does not discriminate on the basis of religion, nor on the basis of race, gender, veteran’s status, sexual orientation, or gender identity,” Yale Law School responded to Cruz in an April 4 news release. “For decades, Yale Law School has required employers who recruit at the Law School to certify that the positions they offer are open to all of our students.”

Yale Law School’s statement did not sit well with Hawley, who sent a letter to Attorney General William Barr on Tuesday, writing, in part, that Yale’s policy “fails to include an exception for religious organizations even though federal law recognizes that religious organization often cannot fulfill their unique missions without considering religion while hiring.”

“They cannot take advantage of the same terms that every other Yale student gets and it’s because Yale’s discriminating against religious organizations,” Hawley said of his alma mater’s policy on Fox & Friends Wednesday. “They don’t like religious organizations that want their members to follow their same religious beliefs. It’s just religious intolerance. It’s wrong, and by the way, it’s not permitted under federal law.”

I wonder if people will move against Yale’s accreditation, as is being done regarding Emory Law?

THIS SEEMS LIKE A BIG DEAL: Lawyers for Greg Craig, ex-Obama White House counsel, say they expect him to be charged with foreign lobbying violations.

The case against Craig stemmed from Special Counsel Robert Mueller’s Russia probe, centering around the lobbying work he performed in 2012 for the Russian-backed president of Ukraine, Viktor Yanukovych, while Craig was a partner at the law firm Skadden, Arps, Slate, Meagher & Flom.

Craig allegedly never registered as a foreign agent under the Foreign Agents Registration Act, or FARA, which requires lobbyists to declare publicly if they represent foreign leaders, governments or their political parties.

His attorneys on Wednesday night told The Associated Press in a statement that the “government’s stubborn insistence on prosecuting Mr. Craig is a misguided abuse of prosecutorial discretion.”

FARA violations were only rarely prosecuted until Mueller took aim at Paul Manafort, President Trump’s former campaign chairman, for his lobbying work in Ukraine.

Yet another torpedo, circling back.

REMINDER: Obama National Security Council’s director of cybersecurity policy was hired as a lobbyist for Huawei.