Zombie voters and a biased media are the subjects of the day.
I have written many times about overburdensome regulations:
There are literally hundreds of thousands of regulations and people like you and me can get into serious trouble just going about our daily business.
I could go on, but today we will look at the logic of “regulation.” Whenever I say to my liberal friends that we are over regulated they always cite “safety” or “the environment.” Without regulations, they contend, workers would be dying by the thousands and the United States would be a pigsty.
OK. Let’s look at apples. Clearly apples are a major health hazard. Picking apples is extremely dangerous – you’ve probably picked an apple at some time in your life, so you understand the remarkable dangers involved. And those apple cores! God forbid a citizen should be subjected to seeing an apple core! Where is my safe space?!?!?
While apples in general must be severely regulated because of the dangers to the workforce and environment, you can barely imagine the dangers surrounding an apple that is “extra fancy!” Better have a large law firm in your employ if your children plan to sell an “extra fancy” apple they picked from your backyard apple tree at a curbside stand in front of your home.
[Source: From Apples to Soup: How the Administrative State Creates Food Crimes, by David Rosenthal] – the following is from the Rosenthal article – and please click on the links for a visual lesson in REGULATION:
‘Extra Fancy’ Apples
(When it comes to “extra fancy apples”) the administrative state regulates the produce aisle, right down to the coloration of individual apples (7 C.F.R. § 51.305).
Different varieties of apples must meet different color tests: McIntosh apples must be at least 50 percent red to be categorized as Extra Fancy; Red Delicious apples must be at least 66 percent red to receive the same Extra Fancy status.
The Department of Agriculture provides an Index of Official Visual Aids (the table of contents alone is 16 pages long – RF) with official color standards for everything from apple butter to olives. If an apple seller labels a McIntosh apple that is 49 percent red as Extra Fancy, that may run afoul of multiple federal statutes.
First, the federal statute on the secretary of agriculture’s regulatory duties (7 U.S.C. § 1622(h)(4)) makes a knowing violation of the color codes and other food regulations a criminal offense subject to a fine of up to $1,000 and imprisonment for up to one year.
Another layer of potential criminal liability is added by federal false statements law, which criminalizes telling a lie in connection with any matter that falls under the jurisdiction of an ever-expanding U.S. government. It imposes a penalty of up to five years’ imprisonment for each lie.
Former Justice Department official Stephen Saltzburg says the false statements law “is so vague that harmless misstatements,” not unlike the precise redness of an apple, “can be turned into federal felonies.”
Maybe you had better advise the kids not to open a curbside stand to sell apples from your apple tree. The legal expenses can be staggering! And if you think that everyday citizens going about their business don’t end up afoul of the these “laws,” please read the footnote. And read to the bottom – this citizen got a death sentence!
Footnote: From: Criminal Law and the Administrative State: The Problem with Criminal Regulations, by John Malcolm
Dr. Peter Gleason is another example of the terrible consequences of regulatory overcriminalization. A Maryland psychiatrist, he dedicated much of his professional life to caring for the poor and underserved.
Dr. Gleason got into trouble when he gave a series of paid lectures about Xyrem, a drug that had been approved by the Food and Drug Administration (FDA) to treat narcolepsy but is also used by a number of physicians to treat a variety of other medical conditions… While drug manufacturers are prohibited by law from promoting off-label usages of FDA-approved drugs, physicians face no such restrictions. (Off label uses are very common in medical practice – RF) Doctors may prescribe a drug for off-label purposes and communicate with other physicians about the efficacy of the drug in treating those conditions.
Nonetheless, Dr. Gleason found himself under indictment for allegedly conspiring with some of the drug manufacturer’s representatives to promote off-label usages of Xyrem. The federal government seized Dr. Gleason’s assets, claiming that they were ill-gotten gains traceable to the so-called criminal conspiracy. Although he believed he had done nothing wrong, in order to avoid the possibility of being branded a felon and losing his life’s savings, Dr. Gleason pleaded guilty… Following his guilty plea, state medical authorities suspended Dr. Gleason’s license… Dr. Gleason became increasingly despondent and hanged himself.
There have been ever so many damning emails revealed by Wikileaks: hiding classifications, pay for play, quid pro quo, using a different name for emails to the president, etc., etc. However, the one aspect of the emails that has gotten too litle attention is that they show Hillary Clinton to be devoid of conviction.
Clinton is a “finger to the wind” politician. Her “flip flops” are all carefully calculated to garner votes where needed.
Recent analyses by John C. Goodman and Kimberly Strassel document that the emails released by Wikileaks show that Clinton has one belief and one belief only: how to get enough votes to be president.
As Strassel puts it:
Mrs. Clinton has been exposed to have no core, to be someone who constantly changes her position to maximize political gain. Leaked speeches prove that she has two positions (public and private) on banks; two positions on the wealthy; two positions on borders; two positions on energy. Her team had endless discussions about what positions she should adopt to appease “the Red Army”—i.e. “the base of the Democratic Party.”
Mr. Goodman states:
The documents show the Clinton advisors carefully and meticulously messaging the Clinton position on a wide range of issues — on everything from the Keystone pipeline to the Trans Pacific Partnership Agreement (TPPA). As they emailed back and forth, the advisors carefully weighed the costs and benefits (in terms of votes, campaign contributions and favorable or unfavorable publicity) of nuanced positions.
On a great many issues, Clinton has changed her position – including gay marriage, the TPPA and the pipeline – over the nine-year period covered by the emails. The Clinton advisors anguish over how to position theses changes without appearing to be “cynically” chasing votes or giving the appearance of “putting a finger to the wind.”
But there appears to be no email exchange where anyone discusses what Clinton actually believes about any issue at all.
Even the New York Times was nauseated by the lack of core beliefs in the Clinton campaign:
The private discussions among her advisers about policy — on trade, on the Black Lives Matter movement, on Wall Street regulation — often revolved around the political advantages and pitfalls of different positions, while there was little or no discussion about what Mrs. Clinton actually believed. Mrs. Clinton’s team (was) consumed with positioning and optics.
While I will vote for Mr. Trump, the writing is on the wall that Clinton will be president (unless Wikileaks has a tape of Hillary groping young boys). Say what you will about Mr. Trump, at least he believes in something.
The world wide web is replete with claims that Hillary was disbarred. She was not. Her husband Bill was disbarred.
Therefore, as a lawyer, one would think that she would have read the following law. Although this has been argued as “not applicable” by left-wing legal scholars, no one has argued that the following statute has been “modified” or “corrupted” by anti-Hillary activists. So I invite you to read it for yourself.
U.S. Code > Title 18 > Part I > Chapter 101 > § 2071
“(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.”
Oh well. Laws do not apply to the Clintons. The FBI and the Department of Justice found a lot of “play” in the words “willfully and lawfully” and “with intent.” But when I, humble American citizen that I am, read the statute I am pretty sure that had I done what Hillary did I’d be writing this post from the United States Penitentiary, Atwater.
If you want to check the validity of the statute you can go to the Cornell Law School website.
And thanks to PL for sending this to me.
Hillary: Let me take some money from “that guy” and give it to “you.” Trump: Let us restore fiscal sanity and bring back 4% growth.
And thanks to CAG for sending this to me.
The following list of the world’s largest cities has some staggering numbers. Tokyo alone has nearly as many residents as the entire State of California.
And thanks to PK for sending this to me.
I am big fan of Sally Zelikovsky. She seems to express my thoughts, but in a way that I could not do myself. I have said many times that this election is like no other. Why did we end up with Donald Trump? I thought this might have been the beginning of the end, but what it is instead: the end of the beginning. Trump is part of a process.
Sally explains. If you want to know what could cause me to write nearly 1800 posts, please read this. If you want to know, where our movement is heading, then again, please read this. And with her permission I reproduce her analysis below.
Trump’s Invisible Shield
It already seems like a lifetime ago that MachadoGate and Lewd-Comments-on-the-Bus-Gate appeared on the political scene and, according to all news sources, derailed the Trump candidacy. Little did we know that a few days later, the Trump campaign would be dealt yet another setback — only this time by a cadre of women parading around the alphabet stations with sudden flashbacks of memory that conveniently materialized just a few weeks before the election. According to the punditry and press, the Trump campaign has received a death blow from which it cannot recover. Clinton is president!
For anyone paying attention to presidential campaigns, this could hardly be a surprise — after all, it is October and our opponent is the party of “win at all costs.” While imbecilic Republicans bicker and snicker about Trump, Democrats will, once again, coalesce around Hillary despite their competing coalitions. Republicans are stuck in the quagmire of who killed the GOP and who is a more principled conservative, while the Democrats work with their media comrades and perfect their ground game. How do they do it? By dangling distractions with the one hand that Republicans fall for every time, while working their election magic with the other hand.
Prior to this succession of October surprises, right-wing Trump-haters had somewhat backed off, but now have re-emerged more emboldened and feeling completely vindicated. The end of Trump is nigh, they gleefully clamor. It’s time for him to resign. Congressmen are jumping ship. Others are planning to mutiny.
Trump may very well lose the election. I’m not in the habit of prognosticating either way. But personally, I think it is just as likely he pulls this off as he is annihilated.
I’m not advocating for Trump in as much as for the people who support him. And that is the piece to this conundrum that has been missing all along: the People — not a bunch of deplorables and irredeemables, hunkering down in their basket of -isms. But marginalized average Americans hurt by Democrat policies and used by Republican politicians. These are the “everyday Americans” that a flawed and filthy rich Hillary loathes. These are the “everyday Americans” that a flawed and filthy rich Trump embraces.
While this isn’t news, I still don’t think anyone has really grasped the Trump phenomenon and what really feeds it.
Let me first tell you what this election is not. It is not about a cult of personality centered around the Donald, as some claim. It is not about his debonnaire je ne c’est quois. It isn’t about his political acumen or his finesse on the debate stage. It isn’t about his ability to pivot and re-direct answers to questions. It isn’t about knowing the minutiae of information required to pass a State Department exam. It really isn’t even about his business prowess or successful deal making.
Support for Trump is more of a jury nullification — a complete rejection of all of the evidence. Not the evidence of how bad things are — we all know our economic, cultural, and national security health is hanging by a thread. It is the wholesale renunciation of all that political gamesmanship has wrought. Things may be grim, but if we don’t address the underlying cause of “WHY” our outlook is bleak and it doesn’t matter who is elected. The cycle of misery will just continue. Too few who earn their living inside the Beltway seem to get this; and the few who do, rarely have national exposure.
It is also too simplistic to cast the Trump phenomenon as the natural outgrowth of the fading glory of the angry and frustrated white man juxtaposed against the ascendant power of minorities — the throwaway line that permeates political commentary. It is far more nuanced than that.
The Trump phenomenon is better understood as a colossal F U to all of the lies and broken promises politicians have hoisted upon the masses over the years. It is the savage blowback to the money-sucking rules and regulations and taxes that heavily burden a broad range of the middle and upper middle classes. It is a YUGE “suck it” to the self-aggrandizement and pocket lining that goes on within the Beltway. It is a swift backlash against the swarm of Beltway wannabees who want in on DC action in order to enrich themselves on the backs of the people, to the detriment of the country.
It is the sweeping repudiation of the Democrat-Media Complex with its corruption, collusion, and revolving door between Democrat candidates like Hillary, the White House, the DOJ, the IRS, the press, the academy, the 1%, the think tanks, Wall Street, the Occupy and Black Lives Movements, the unions, the community organizers, and the entire Democrat Party apparatus.
It is a gigantic body slam against the brutal tactics the left employs every election — regardless of who the candidate is and what his/her credentials may be — tactics deployed to seek and destroy the opponent at all costs using falsehoods that are shamelessly disseminated because the ends justifies the means.
This election is a referendum against the very kind of unbalanced treatment of the candidates we see unfolding right now, where the only news featured is Trump’s sexual misconduct. Anyone with a passing interest in the election tuning into the MSM for an update has no idea about Hillary’s history, her transgressions, or her incompetence. They will not know about her intentional destruction of emails that belong to the People, her illegal server, her lies to the FBI, her negligence in Benghazi, or how she destroyed the women who, in her own words, deserve to be heard, how she mocked stay-at-home moms who like to bake cookies, let alone how she portrayed a little girl who was raped as the predator, then laughed about it. Some champion of women and children.
This is a referendum against the press looking the other way as far as Hillary Clinton goes, while perseverating on the foibles of Trump; against the kind of mean-spirited, scorched earth tactics employed by the left that always emerge in the final weeks before the election. It doesn’t matter if the lies are about tax returns, salacious affairs, Air National Guard, DUIs, women in binders, dogs on roofs, or illegally obtained tape recordings from private events. This is how it always goes.
And the little guys have had enough — and they aren’t just men, they aren’t just white, and they aren’t just the working class whose jobs have been displaced. They are legion and span the demographic spectrum. The Democrats aren’t worried about winning. They’re worried about the backlash and they should be.
The attitude of the average Trump supporter is that no matter how much of a buffoon he might be, he isn’t as bad as all of the other career pols out there who misstate, misspeak, and misremember but always get away with it because they claim to be above the fray, of impeccable character, or to soar high when others stoop low. Whether hard-core from the get-go or johnny-come-latelies, Trump supporters have such little regard for political elites, that they’ll support anyone who isn’t making his or her money off of their votes.
The more the media focus on Trump’s indiscretions while blatantly ignoring the mounting evidence of the Clinton Machine’s abuse of power and complicity in criminal, treasonous activities that put the homeland at risk, the more people dig in their heels for Trump.
This might not be enough for Trump to win, but that’s ok. Trump is the second phase of a freedom-based-on-constitutional-governance-movement whose genesis started with the Tea Party. Even though Trump is not a Tea Party candidate and Tea Partiers generally did not support him in the primaries, they want many of the same things — restoring liberty, law and order; returning to constitutional governance and limited government; and unleashing the power of free markets.
Do not mistake Donald Trump for the movement or even its leader. He is merely a conduit for that movement to act and organize; the first national voice of what is still a grassroots movement.
The Tea Party had a tough time getting press attention; Donald does not. He might stink as a candidate. His character might be less than worthy. But he is and was the only guy on the debate stage willing to say what needs to be said, offering to do what needs to be done, speaking on behalf of those who have been silenced by the left’s own version of intolerance, bullying, and political correctness. He’s got our six and he’s unafraid.
This is why evangelicals can vote for a guy whose views on life, gay marriage and religion are debatable; why they can turn the other cheek when he uses crude language. This is why accomplished professional women who have broken the glass ceiling working in a man’s world, like Ann Coulter (or me) can put up with his remarks about women and still vote for him. This is why devoted and hardened conservatives like Bill Bennett or Victor Davis Hanson, who take their conservatism seriously, can vote for Trump. This is why Tea party conservatives who supported Anyone But Trump in the primaries, can support Anyone But Clinton in the general election.
The People understand what this election is about. Why can’t the rest of the conservative universe? While pundits like Jonah Goldberg and George Will have turned this into a urinating contest of who is the more conservative conservative and who is doing more to destroy the GOP and conservatism, the People are waging a completely different war, using bunker-busting bombs to destroy the mess at its core.
The two-party system has already been irretrievably corrupted with bugs and malware. No matter what we say, no matter what buttons we push, nothing will change. The only fix is a virus and it just so happens, Trump is the virus. But it could have been anyone — as long as he or she would call out the double standards and refuse to cower or capitulate when attacked by self-righteous pundits, haranguing journalists, rabid Democrats, or scaredy-cat Republicans.
Have no doubt. This is every bit a renunciation of Obama’s eight years, failed Democrat policies, and Hillary Clinton’s failures in office, as it is of the Washington leviathan, including our own defectors on the right. Everyday Americans are looking for an advocate, a champion, a voice, and a backbone, not a spineless sycophant who apologizes and backtracks when the going gets tough.
Millions of everyday Americans have flipped the proverbial bird to overweening government bureaucracy, the political process, political elites, and the entire political machine. They know they are ignored. But Trump can be heard above the din of even the most biased in the media.
And Trump is the collective voice of more than 50 million F U’s.
I’m sure you remember all the hand-wringing about those poor Pacific islanders who atolls would be swamped in the sea level rise caused by “global warming.”
No one doubts that sea level is rising. It has been rising since the last ice age ended. The issue here is Global Warming Alarmism. Is their hype accurate?
[Source: About Those Non-Disappearing Pacific Islands, by Bjorn Lomborg – WSJ]
Once a year or so, journalists from major news outlets travel to the Marshall Islands, a remote chain of volcanic islands and coral atolls in the Pacific Ocean, to report in panicked tones that the island nation is vanishing because of climate change. Their dispatches are often filled with raw emotion and suggest that residents are fleeing atolls swiftly sinking into the sea.
Yet new research shows that this is not the entire—or even an accurate—picture…
Using historic aerial photographs and high-resolution satellite imagery, Auckland University scientists Murray Ford and Paul Kench recently analyzed shoreline changes on six atolls and two mid-ocean reef islands in the Marshall Islands. Their peer-reviewed study… revealed that since the middle of the 20th century the total land area of the islands has actually grown.
How is that possible? It seems self-evident that rising sea levels will reduce land area. However, there is a process of accretion, where coral broken up by the waves washes up on these low-lying islands as sand, counteracting the reduction in land mass. Research shows that this process is overpowering the erosion from sea-level rise, leading to net land-area gain.
This is not only true for the Marshall Islands. The researchers write that within the “recently emerging body of shoreline change studies on atoll islands there is little evidence of widespread reef island erosion. To the contrary, several studies have documented noteworthy shoreline progradation [growth] and positional changes of islands since the mid-20th century, resulting in a net increase in island area.” The most famous of these studies, published in 2010 by Paul Kench and Arthur Webb of the South Pacific Applied Geoscience Commission in Fiji, showed that of 27 Pacific islands, 14% lost area. Yet 43% gained area, with the rest remaining stable.
Has there ever been a left-wing movement that has been so wrong? Well… $20 trillion on the War on Poverty with its resultant increase in the number of impoverished Americans is probably worse, but not by much.
But let us elect another left-wing believer!
And thanks to HP for sending this to me.
The final rate hikes are out! The graph below lets you know what yours will be and it ain’t pretty! It’s probably better if you can’t recognize the shape of your state. Then you won’t vomit up your breakfast.