Grim's Hall

Dersh Weighs In

Professor Alan Dershowitz is negatively impressed.

Neither of these proposed articles satisfy the express constitutional criteria for an impeachment, which are limited to “treason, bribery, or other high crimes and misdemeanors.” Neither are high or low crimes or misdemeanors. Neither are mentioned within the Constitution.

Both are so vague and open ended that they could be applied in partisan fashion by a majority of the House against almost any president from the opposing party. Both are precisely what the Framers had rejected at their Constitutional Convention. Both raise the “greatest danger,” in the words of Alexander Hamilton, that the decision to impeach will be based on the “comparative strength of parties,” rather than on “innocence or guilt.”

That danger is now coming to pass, as House Democrats seek for the first time in American history to impeach a president without having at least some bipartisan support in Congress. Nor can they find any support in the words of the Constitution, or in the history of its adoption....

In doing this, they follow the view of Representative Maxine Waters who infamously declared that, when it comes to impeachment, “there is no law.”

Ironically, "rule of law" has been one of the biggest talking points by Democrats supporting impeachment. It is correct to say that there is a basic American principle that "no one is above the law." They apparently forget the principle that no one is beneath it, either.

UPDATE: In fairness, the Progs aren't satisfied either. Then again, when are they ever?

No Politics at the Family Feast

It's bad manners, and Americans by and large didn't put up with it. Good for us.

New Jersey Knows Terrorism

Details are still emerging, but increasingly this shooting today looks like an attack that targeted the Jewish community. They are, of course, disarmed and defenseless under New Jersey law.

UPDATE: The New York Times story about the following paragraph was apparently entirely wrong on the facts.

Coincidentally, President Trump signed an order today that protects Jews as "a nation" in addition to as a religious minority. There's a bit of upset about that, based on a refusal to recognize that "a nation" is an equivocal term. It does usually refer to one's citizenship, though not always (as e.g. US nationals from American Samoa, who may not be citizens); but in this case it refers to the ancient ambition of a culture that defines a people, rather than to citizenship in a secular polity. Not only here; one may speak of a nation that is not established formally, e.g. Kurdistan, and then refer to 'the Kurdish nation' without referring to either an extant polity or a legally-recognized form of citizenship. One can be both a member of 'the Kurdish nation' and also, by legal citizenship, an American.

There are bad people out there. Not many, and to avoid overreaction it's important to recognize how safe almost all of America is almost all of the time. Still, take care of each other, and be ready if circumstances call you to serve.

Barr: Trump Campaign was "Clearly Spied Upon"

He's extremely clear about how the Carter Page bit ties in to the campaign, even though Page had left the campaign.

He Did What Now?

It's election day in the UK.

Johnson ploughed a British flag-themed digger, marked "Get Brexit done", through a styrofoam wall with "gridlock" written on it, in a bid to ram home his core message in time for Thursday's snap vote.

Now that I've seen the picture I think I understand what that sentence is intended to mean, but the first time through I was a little lost.

Or You Could _Not_ Register It

With respect to Virginians, it's helpful that they're going to be such a powerful good example next year before the 2020 elections.

“In this case, the governor’s assault weapons ban will include a grandfather clause for individuals who already own assault weapons, with the requirement they register their weapons before the end of a designated grace period,” Northam spokeswoman Alena Yarmosky said in a statement Monday evening.

I don't live in Virginia, but I can assure you that I will not be registering any firearms with any governments at any point. Defiance of unconstitutional laws is an important part of the duty of a citizen.

Wings of Gold

Naval aviators refer to their flight wings in this way. Pensacola is the location of Naval aviator flight training. Last week's attack by a Saudi national at Pensacola killed three naval aviators in training. Today, all three were posthumously awarded their wings out of respect for "exceptional heroism and bravery in the face of evil."

I'm confused

An all-girl troop that's part of the Boy Scouts, but they do things completely separate from the boys and no boys are allowed? As they're saying on my FB feed, "that just sounds like the Girls Scouts with extra steps."

Three perspectives on the IG report

The Inspector General's perspective is that, in pursuing the FISA warrants against Carter Page, the FBI committed 17 significant errors and omissions. This is in addition to many errors in the "Woods Procedures" that are designed to ensure that a confidential human source's otherwise unverified stories are at least vetted in by specific statements from the source's FBI handler concerning his experience with the source. In this case, the FISA application inexplicably included statements that Steele's handler did not and would not support.

The IG calls these “serious performance failures" and found "unsatisfactory" the explanations it received for the lapses. Nevertheless, the IG cannot quite bring himself to conclude that all these inexplicable errors can be attributed to political bias. Nor is he prepared to "speculate" whether the higher-ups who were duped by the errors of subordinates would have approved the FISA applications if they hadn't been misled. It's hard to understand why he would need to speculate. Why not ask the higher-ups directly: would you still have approved the applications, knowing what your subordinates misled you about? Why or why not?

Attorney General Barr and U.S. Attorney Durham already have weighed in with alternative views. Barr stated:

The Inspector General’s report now makes clear that the FBI launched an intrusive investigation of a U.S. presidential campaign on the thinnest of suspicions that, in my view, were insufficient to justify the steps taken. It is also clear that, from its inception, the evidence produced by the investigation was consistently exculpatory. Nevertheless, the investigation and surveillance was pushed forward for the duration of the campaign and deep into President Trump’s administration. In the rush to obtain and maintain FISA surveillance of Trump campaign associates, FBI officials misled the FISA court, omitted critical exculpatory facts from their filings, and suppressed or ignored information negating the reliability of their principal source. The Inspector General found the explanations given for these actions unsatisfactory. While most of the misconduct identified by the Inspector General was committed in 2016 and 2017 by a small group of now-former FBI officials, the malfeasance and misfeasance detailed in the Inspector General’s report reflects a clear abuse of the FISA process.

Durham stated:

[Unlike the IG investigation], our investigation is not limited to developing information from within component parts of the Justice Department. Our investigation has included developing information from other persons and entities, both in the U.S. and outside of the U.S. Based on the evidence collected to date, and while our investigation is ongoing, last month we advised the Inspector General that we do not agree with some of the report’s conclusions as to predication and how the FBI case was opened.

Up the Militia

A proposal to arm (nearly) all Americans.

Inspector General Report

The Federalist raises some issues, first:

These admissions should outrage Americans: The FBI is intentionally failing to document confidential sources’ credibility and reliability problems so defense attorneys do not learn of them! Or, as the IG report concluded, “by withholding potentially critical information from validation reports, the FBI runs the risks that (1) prosecutors may not have complete and reliable information when a CHS serves as a witness and, thus, may have difficulties complying with their discovery obligations.”

Indeed, you can’t meet your obligations to disclose exculpatory information if there is a systematic avoidance of documenting that information.

Read the rest.

Grinding Bones

What could be better for the hound of the Hall than to grind bones by the fire as the evenings run toward Yule?

Gentlemen, we cannot afford a salt-shaker gap

Business Insider must be angling for a Pulitzer with its new expose on condiment equality in Trump's America.

Down the memory hole

Embedded in this South Carolina article is a video of a CNN video of an interview Friday morning with House Majority Whip Clyburn saying he won't "whip" a vote on impeachment. Oddly enough, CNN has scrubbed both the Clyburn video and its transcript from its website. Links from other sites now show up as broken. A search on the CNN site turns up nothing for any Clyburn interview in the last few days or any article mentioning Clyburn and impeachment this month. The video link embedded above is a "share" from a Washington Examiner article, but I can't embed it because noting I can do will call it up from a YouTube search bar. I'll be interested to see if the link continues working.

Come to think of it, has anyone done a wellness check on Clyburn since Friday?

The interview suggests that Clyburn has recently noticed that impeachment might be divisive. Shoot, if the Ds had known that I'm sure they'd never have pursued it in the first place.

SBR

Congress is nonfunctional so this probably has no chance of passage, but it's definitely correct on the merits.

On Tuesday, Marshall introduced the Home Defense and Competitive Shooting Act of 2019. This would change provisions of the National Firearms Act of 1934 (NFA) that put extra restrictions on the ownership of short-barreled rifles—that is, rifles* with a barrel shorter than 16″ in length or that have a total length of less than 26″.

The NFA requires owners of short-barreled rifles to register them with the federal government; they must also pay a one-time $200 excise tax per gun. If Marshall's bill becomes law, these extra requirements would disappear; short-barreled rifles* would be regulated under the same rules as semiautomatic rifles....

Gun lobbying groups have praised Marshall's bill for, as Gun Owners of America (GOA) puts it, attempting to undo the "egregiously unconstitutional registration, taxation, and regulation of short-barreled rifles." GOA is joined by the National Rifle Association, which supported the NFA back in 1934 but now backs Marshall's bill.

As the article points out, this law affects all sorts of rifles -- break action, lever action, and so on. This bit Steve McQueen at one point in his storied career, when his 'Mare's Leg' prop cost his studio a small fortune in ATF fees. Weirdly, as the Wiki article goes on to explain, it's perfectly legal to manufacture the same rifle as a pistol, rather than making a rifle and then cutting it down.

The NFA is probably unconstitutional front-to-back, of course, but the courts aren't there yet. Getting there, maybe.

Eek part deux

As Glen Reynolds like to say, why is the Democratic primary system such a cesspool of racism and sexism? Apparently Kamala Harris never had a chance of winning the Democratic party presidential nomination in "Trump's America." I had no idea Trump had succeeded in co-opting the frantically partisan left wing of the Democratic party. The man is a legend. Speaking of which,