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Presidential Tax Returns

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Off-topic but interesting, the California Supreme Court this morning struck down the Presidential Tax Transparency and Accountability Act as violating the primary elections section of the California Constitution. The case is Patterson v. Padilla, S257302.

Jason Riley on Bloomberg and Crime

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Jason Riley has this column in the WSJ with the headline/subhead "Bloomberg Grovels Over Stop and Frisk: If black lives matter, New York's former mayor has nothing to apologize for."

He traces the history of the horrific rise and subsequent fall of crime rates from the 1960s through recent years.

Minority communities bore the brunt of the crime wave and vocally criticized what they considered inadequate law enforcement. In 1967, the Harlem-based Amsterdam News editorialized that the city "can't get rid of crime by ignoring or compromising with it" and called for "restoring the legitimate, unbiased use of firearms by our police." The local chapter of the NAACP said, "It is not police brutality that makes people afraid to walk the streets at night" and demanded an end to "the reign of criminal terror in Harlem." In a 1968 report, [Vincent] Cannato writes, the civil-rights organization asked for "greater police protection in Harlem, harsher criminal penalties for murderers and drug dealers, and 'vigorous' enforcement of the city's anti-vagrancy laws."

Bloomberg's Apology

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Rafael Mangual has this article in the City Journal regarding almost-candidate Michael Bloomberg following the lead of candidate Joe Biden and apologizing for past correct positions on criminal justice.

Bloomberg's apology (again, like Biden's) ignores the role that proactive policing played in driving down crime. By exercising their authority to initiate contacts with citizens--in some cases, by legally detaining, questioning, and, yes, frisking those whom they reasonably believed to be involved in crimes and armed--NYPD officers significantly deterred crime in the city's most troubled precincts (which had large minority populations). This was the finding of a 2014 study, which addressed an important limitation in the earlier assessments of stop-and-frisk. Those assessments focused on citywide crime numbers, though many of the NYPD's stops were concentrated in high-crime neighborhoods. With a more "microlevel" analysis, the 2014 study found that NYPD stops-and-frisks had significant, albeit "modest," effects on crime.

The late votes tallied in the San Francisco District Attorney race came in for the anti-law-enforcement candidate, Chesa Boudin. In essence, he is going to take all the policies that have trashed a once-beautiful city and gravely degraded the quality of life there and make them all worse.  Erica Sandberg has this article in the City Journal.


Boudin pledged to stop taking first-offense drunk drivers to trial, providing they didn't injure anyone. He promised to end gang enhancements, part of a California law that adds additional prison sentences to defendants who participate in violent street gangs. As for quality-of-life crimes that harm communities, he's been open about ignoring them, stating that "crimes such as public camping, offering or soliciting sex, public urination, blocking a sidewalk, etc., should not and will not be prosecuted."
So if a drunk driver, previously caught, plows into you and leaves you paralyzed from the neck down, the DA will shrug and say, "Gee, well, he didn't hurt anyone last time he was caught driving blind drunk, so we let him go and let him continue driving. Your lifetime paralysis is a small price to pay for the wonderfulness of second chances."

The word "sewer" in the title of this post is partly figurative and partly literal.

San Francisco DA Election

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See update at end.

San Francisco may (or may not) have dodged a bullet in its District Attorney election. California has largely avoided the wave of pro-criminal prosecutors being elected in a number of other cities thanks largely to California's system of non-partisan local elections. Elsewhere, the left-fringe candidates have won by winning the Democratic primary with a Soros-funded war chest in cities so heavily Democratic that the general election is a formality.

San Francisco might yet have a different result from the rest of the state, but its unusual ranked-choice system may have saved it from the worst candidate. That does not mean it will get the best, though. After all, it is San Francisco.
Justin Sayers has this article with the above headline in the Arizona Daily Star, the local paper.

Tucson voters overwhelmingly opted against the "sanctuary city" initiative, which would have limited the circumstances in which police officers could ask about immigration status.
The city clerk's unofficial results with all precincts reporting are, as of election night:

Yes: 23,562   28.60%
No:  58,820   71.40%

Treason Nonsense, Yet Again

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In recent years we have seen the word "treason" thrown around loosely by people all over the political spectrum. The most recent, and among the most absurd, misuse of the term comes from someone who most certainly should know better, former United States Attorney and Assistant Attorney General for the Criminal Division William Weld. Barbie Latza Nadeau reports in the Daily Beast:

Former Massachusetts Governor and Republican presidential challenger Bill Weld said Monday that President Donald Trump's "acts of treason" in pressuring Ukraine President Volodymyr Zelenskyy to investigate former Vice President Joe Biden deserved the death penalty.

"That is treason. It's treason pure and simple, and the penalty for treason under the U.S. code is death," Weld told MSNBC's Morning Joe. "That's the only penalty."
How is this wrong? Let us count the ways.

Inimicus Curiae

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The WSJ has an editorial titled Senators File an Enemy-of-the-Court Brief with subhead Democrats order the Justices to drop a gun case--or else.

When liberals worry about losing a major Supreme Court case, they usually make appeals to the Court's "legitimacy." This is intended to attract Chief Justice John Roberts by suggesting that a conservative outcome would damage the institution's reputation. The ritual is disingenuous but usually subtle.

Five Democratic Senators have had it with subtle. In a remarkable and threatening amicus brief, Sheldon Whitehouse, Mazie Hirono, Richard Blumenthal, Richard Durbin and Kirsten Gillibrand all but tell the Justices that they'll retaliate politically if the Court doesn't do what they say in a Second Amendment case.

"The Supreme Court is not well," they tell the Justices in what is really an enemy-of-the-Court brief. "Perhaps the Court can heal itself before the public demands it be 'restructured in order to reduce the influence of politics.'" By "restructured," they mean packed with new Justices by a Democratic President and Senate after they kill the filibuster.
CJLF takes no position on the underlying question in the case, New York State Rifle & Pistol Assn. v. City of New York, No. 18-820. However, the court-packing threat illustrates why Sen. Whitehouse and his ilk must never have full control of the government. As for this overt political threat made while talking about reducing the influence of politics, that pretty much speaks for itself.
The WaPo's fact-checker column is sometimes biased, but they get it right in their evaluation of the outrageous statements of Senators/candidates Kamala Harris and Elizabeth Warren that Michael Brown was "murdered" by a police officer in the notorious Ferguson, Missouri incident.

The column recounts the statements of the witnesses found credible by the Justice Department during the Obama Administration, which make it crystal clear that the "hands up" claim was a lie and that Brown attacked Officer Wilson. They award the maximum Four Pinocchios, reserved for "whoppers."

The claim is not merely false. It is one of the most destructive lies in recent history. For a candidate to repeat it is beyond inexcusable.

See also this post on the Eighth Circuit's dismissal of the civil suit filed by Brown's companion, the original perpetrator of the "hands up" lie.
The U.S. Supreme Court has stayed the order of a federal district court that had enjoined President Trump's use of military funds to construct physical barriers at the border. "Among the reasons is that the Government has made a sufficient showing at this stage that the plaintiffs have no cause of action to obtain review of the Acting Secretary's compliance with Section 8005."

Justices Ginsburg, Sotomayor, and Kagan would have denied the government's application in full, letting the injunction stand in full. Justice Breyer would have stayed the injunction to the extent it prevented finalizing contracts but left the order in place to the extent in enjoined construction. As a practical matter, I think that a request for bids for work that remains enjoined would not get a lot of bidders.

Justice Ginsburg on Court Packing

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Nina Totenberg reports for NPR:

Justice Ruth Bader Ginsburg said in an interview Tuesday that she does not favor proposals put forth by some Democratic presidential candidates who have advocated changing the number of Supreme Court justices if the Democrats win the presidency.

Rep. Green's Impeachment Resolution

Which is worse, a statement that is at best intemperate and at worst intolerant or a governmental act that violates the Constitution? I would think the latter is far worse, and quite obviously so.

CNN has the text of Rep. Al Green's impeachment resolution here, making the remarkable claim that the President's recent controversial tweet is an impeachable offense.

No Standing For You

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The U.S. Supreme Court today drop-kicked the Virginia House of Delegates' challenge to a decision striking down the state's reapportionment law. The state's Governor and Attorney General had declined to appeal.* The Court ruled that a single house of the legislature has no standing to appeal such a decision.

CJLF had filed an amicus brief in the case, Virginia House of Delegates v. Bethune-Hill, No. 18-281, concerned that narrow standing rules impact the ability of victims of crime to seek redress in federal civil cases affecting state criminal judgments. On a quick read, this opinion seems largely limited to legislative cases.
Virginia is holding a primary election tomorrow. Among the races are the Commonwealth's Attorney seat for Arlington County and the neighboring City of Falls Church and the seat for Fairfax County. These are the local prosecutor's offices.  Nicholas Benton reports for the Falls Church News-Press:

Campaign contribution data for the last two months made public by the Virginia Board of Elections this Monday has shown an eye-popping $583,237 has donated by a nebulous "dark money" Washington, D.C.-based source to a challenger in the June 11 primary in the race for Arlington-Falls Church Commonwealth's Attorney.

According to the Washington Post, the money comes from billionaire George Soros, who has also lobbed another whopping $392,000 into Fairfax County in an effort to unseat the incumbent commonwealth attorney there.
The Ninth Circuit held today in Prado v. Barr, No. 17-72914:

Claudia Prado ("Prado") seeks review of the Board of Immigration Appeals' conclusion that her California felony conviction for possession of marijuana was an "aggravated felony" and an offense "relating to a controlled substance" that rendered her removable. See 8 U.S.C. ยงยง 1227(a)(2)(A)(iii), (a)(2)(B)(i). Prado claims this conviction is no longer a predicate to removal because it was recalled and reclassified as a misdemeanor under California's Proposition 64. Because valid state convictions retain their immigration consequences even when modified or expunged for reasons of state public policy, we deny her petition.

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