March 6, 2015

IN THE MAIL: From William D. Gairdner, The Great Divide: Why Liberals and Conservatives Will Never, Ever Agree.

Plus, today only at Amazon: 50% Off Cole Haan Men’s Shoes. The shoes make the man.

NUMBER OF THE BEASTLY: TaxProf Roundup: The IRS Scandal, Day 666. It’s still an unholy mess, and so far no one’s done much to exorcise the IRS’s demons.

MEGAN MCARDLE: Why You Should Care About Hillary’s Email:

What can Hillary Clinton have been thinking? On January 13, 2009, she — or, more likely, someone on her staff — registered a new domain: And for her entire term as secretary of state, she would use private e-mail instead of government accounts for all her electronic correspondence. She never even got a government e-mail address, which must have taken some doing, because in most organizations, those e-mail accounts are created before the new employee even arrives.

As Politico points out, keeping Clinton’s e-mails off government servers means that they were invisible to Freedom of Information Act requests about her communications with anyone outside the State Department. Her staff has turned over e-mails from the private account, but this is not the sort of job that should be performed by someone personally employed by Hillary Clinton. Decisions about what to turn over and what to keep private should be made by career government lawyers whose job comes from the agency, not Hillary Clinton.

It’s difficult to avoid the conclusion that this was an attempt to avoid transparency and accountability for whatever it is she wrote. Such manipulations should severely hurt her presidential aspirations. Odds are, however, that Democrats will rally around her, because what choice do they have?

After all, power for the Party is more important than, well, anything. Plus:

That’s bad news for the country. It’s bad enough that our last two presidents developed a penchant for secrecy and executive overreach once they got their hands on the reins of power. But if Hillary Clinton starts at “flagrantly breaking transparency rules,” where can we expect her to end up?

Where, indeed?

HIGHER EDUCATION BUBBLE UPDATE: The Man Who Snuck Into the Ivy League Without Paying a Thing. “Guillaume Dumas attended classes, made friends, and networked on some of America’s most prestigious campuses—for free. What does this say about the value of a diploma?”

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HONESTLY, THIS KIND OF BEHAVIOR SHOULD CARRY THE DEATH PENALTY: California Prosecutor Falsifies Transcript of Confession; California Attorney General Kamala Harris Defends.

Ninth Circuit Judge Alex Kozinski declared months ago in a much-quoted opinion that there is “an epidemic of Brady violations abroad in the land.” And yet, prosecutors continue to deny there’s a problem. Indeed, the Department of Justice gets outright indignant at the suggestion, and so do many state court prosecutors. They bristle at the very mention of the possibility.

But here’s another doozy: The People (of California) v. Efrain Velasco-Palacios. In this unpublished opinion from the Fifth Appellate District, the California Court of Appeal reveals that state prosecutors and California Attorney General Kamala Harris continue to be part of the problem. Kern County prosecutor Robert Murray committed “outrageous government misconduct.” Ms. Harris and her staff defended the indefensible—California State prosecutor Murray flat out falsified a transcript of a defendant’s confession.

Kern County prosecutor Robert Murray added two lines of transcript to “evidence” that the defendant confessed to an even more egregious offense than that with which he had been charged—the already hideous offense of molesting a child. With the two sentences that state’s attorney Murray perjuriously added, Murray was able to threaten charges that carried a term of life in prison.

Capitalizing to the maximum on his outright fabrication, state’s attorney Robert Murray committed his own crime against the defendant at the crucial time when defense counsel was consulting with the defendant on a possible plea.

Prosecutor Murray had ample time and opportunity to correct his lies and his falsification of the transcript, but instead, he let it go until defense counsel had encouraged his client to plead guilty based on this fabricated evidence. Not until after defense counsel requested the original tape recording from which the transcript was made did Mr. Murray admit that he had added the most incriminating statements to the transcript.

Disgraceful. But wait, there’s more: “Undaunted by the criminal conduct of a state prosecutor, or the district court’s opinion, Ms. Harris appealed the decision dismissing the indictment. According to the California Attorney General, only abject physical brutality would warrant a finding of prosecutorial misconduct and the dismissal of an indictment. Fortunately for all of us—and the Constitution—she lost again.”

HIGHER EDUCATION BUBBLE UPDATE, LEGAL EDUCATION EDITION: Number of LSAT Test-Takers, Law School Applicants at 30+ Year Lows.

Say, did I mention that applications at the University of Tennessee College Of Law are up 79%?

PUNCHING BACK TWICE AS HARD: Rape charge dropped, Saint Peter’s student plans to sue.

A Saint Peter’s University student who was arrested and accused of raping a fellow student last November before the charge was dropped one month later plans to sue Hudson County and its prosecutor’s office, saying their case against him was “frivolous from the start.”

Jean S. Jecrois, 19, who spent 20 days in Hudson County jail on a second-degree sexual assault charge before the charge was dismissed, says in a notice of claim to Hudson County and the Hudson County Prosecutor’s Office that officers who arrested him on Nov. 12, 2014 relied on conflicting statements from the alleged victim to build their case.

Officers also put a “major and material misstatement of fact” in Jecrois’ arrest warrant that made it appear that a consensual sexual encounter between Jecrois and the other student was violent, according to the notice of claim obtained by The Jersey Journal.

Jecrois, a sophomore studying biology at the Jesuit university, told The Jersey Journal his life has been a “mess” since he was released from prison on Dec. 2. He said he can’t focus on his academics, he is bullied on social media by students who believe that he is a rapist and he has to stay 50 feet away from the woman who accused him of raping her.

“I have no social life anymore,” he said. “Everyone keeps their distance.”

That kind of bullying seems cruel, and certainly the fear of such behavior would probably produce a hostile educational environment, in which male students were disadvantaged because of their sex.

CULTURE OF CORRUPTION: At VA health facilities, whistleblowers still fear retaliation. “Whistleblowers across the country have faced reprisals for reporting a range of concerns, including accounting irregularities, nursing shortages and mishandling of health-care funds, according to the Office of Special Counsel. Yet despite promises from Washington, retribution against VA whistleblowers continues.”

Government is just a word for the things we do together, like ignoring sick veterans, and making sure that snitches get stitches.

ASHE SCHOW: The other side of the campus sexual assault equation.

A recent documentary (I use the term liberally) called the “Hunting Ground” purports to be a “startling expose of sexual assault on U.S. campuses, institutional cover-ups and the brutal social toll on victims and their families.”

But the film, with the help of depressing and dramatic music, exposes only a one-sided view of the issue designed to tug at the heartstrings and make all sexual assault accusations look credible when not all are.

The center of the film revolves around the accusation by Erica Kinsman that Florida State University quarterback Jameis Winston raped her in 2012 and that the school covered it up. Stuart Taylor, co-author of the book about the Duke Lacrosse rape hoax, wrote a detailed article for Real Clear Sports about the evidence that at the very least casts doubt on Kinsman’s story.

But the”Hunting Ground”never tells any side other than Kinsman’s, which has changed significantly since she first reported the alleged rape. The movie doesn’t attempt to present the other side of any of the detailed accusations outside of claiming schools wouldn’t respond to the filmmakers’ request.

An organization dedicated to stopping sexual assault and protecting due process rights for those accused, Stop Abusive and Violent Environments, has some issues with the”Hunting Ground.”Mainly, the organization criticizes the film’s lack of attempt to “verify the accuracy of the accounts presented.”

In response to the”Hunting Ground,”SAVE produced a short video (complete with its own depressing music) in which Joshua Strange and his mother Allison tell the story of how he was expelled by Auburn University after being accused of sexual assault. Josh’s expulsion from his dream school occurred even though there wasn’t sufficient evidence for a grand jury to indict him.

The video is RapeHoax: The Joshua Strange Story.

TITLES OF NOBILITY IN THE 21ST CENTURY: Gallup: U.S. Federal Employment Related to Higher Financial Well-Being. “The survey data indicate that working for the federal government is associated with higher financial well-being when compared with other U.S. workers, holding across income and education levels.”

TEACH WOMEN NOT TO RAPE! (CONT’D): Rachel Respess, teacher in Destrehan sex case, awaits word on criminal charges. “Rachel Respess, one of two former Destrehan High School teachers accused of having sex with a 16-year-old student, must wait longer in legal limbo before she learns what’s to become of her criminal case. A Jefferson Parish prosecutor said Thursday (March 5) he had no update on the case, meaning the district attorney’s office still has not decided whether or how to proceed.”

I kinda doubt they’d have taken that long for a male teacher.


UPDATE: Link was bad before: Fixed now. Sorry!


District of Columbia residents who took a stand against a ban on sledding on Capitol Hill drew dozens of reporters to the West Lawn Thursday afternoon as snow blanketed the Capitol grounds. But for the kids and parents, this wasn’t exactly major news. They just wanted to enjoy the rare inches of snow in the nation’s capital.

“I think it’s crazy, there’s so much going on in the world,” Capitol Hill resident Lyndsey Medsker told CQ Roll Call. “But I think sledding is something that people can rally behind and there’s no reason for people to oppose it. … I think all around the country when kids have snow days, they like to go out in the snow and play and sled. And we live in an urban area where people don’t have backyards and their own spaces to do so, so this is our space.”

Medsker organized the “sled-in” starting at 1 p.m. Thursday after news broke Wednesday night that the Capitol Police Board denied a request from Del. Eleanor Holmes Norton, D-D.C., to temporarily waive the ban on sledding ahead of the major winter storm.

“That’s when I decided that we were going to come anyway,” Medsker said. She also started a petition asking that the policy be scrapped, and that has garnered more than 800 signatures so far.

Medsker also tried to sled on the Hill two weeks ago, but was told by Capitol Police that she and her two young boys had to leave. She said they weren’t given a reason, but were told those were the rules.

How about we all start ignoring laws we don’t like? You know, like President Obama does!

WELL, THAT’S NICER THAN “LYING,” BUT LESS TRUE: Texas AG accuses feds of misleading on immigrant work permits.

The Texas Attorney General is accusing the Obama administration of misleading a federal court by renewing about 100,000 work permits for illegal immigrants, under new rules that many did not know had gone into effect.

“In an apparent attempt to quickly execute President Obama’s unlawful, unconstitutional amnesty plan, the Obama Administration appears to have already been issuing expanded work permits, in direct contradiction to what they told a federal judge previously in this litigation,” Texas Attorney General Ken Paxton said in a statement.

“The circumstances behind this must be investigated, and the motion we seek would help us determine to what extent the Administration might have misrepresented the facts in this case.”

Paxton’s motion presses the government to explain whether it misled the court by renewing work permit applications for three years — instead of two — under new changes to the Deferred Action for Childhood Arrivals (DACA) program. He cites government filings that show the Justice Department told the court the agency wouldn’t be processing any applications until mid-February.

A group of 26 states, including Texas, are suing the administration over President Obama’s immigration executive actions, which would defer deportations for millions of immigrants living in the U.S. and expand their access to work permits.

The Department of Homeland Security had been gearing up to implement those executive actions until a federal judge halted the implementation of those policies in February. Since that ruling took place before the start date of the most contentious parts of the immigration plan, many assumed that none of the changes had taken effect.

The Justice Department admitted in a court document filed Wednesday that there may have been “confusion” surrounding the administration’s decision to extend renewals to three years.

Until some people pay an individual price for misconduct, there will be no real accountability.

March 5, 2015

ROGER SIMON: Email Eruption: Hillary Hidden Emails Multiply By Ten.

WELL, THEY LIE ABOUT EVERYTHING ELSE: Did the Obama Administration Lie to the Federal Court About Implementation of Executive Amnesty?

PROFESSOR JACOBSON: Scott Walker’s rivals have a plan, a bad plan.

THE WORLD ACCORDING TO MOTHER JONES: Breaking: Food, Language, Global Warming, and Your Mother Are Now All Racist.

YEAH, THAT’S NOT AN ACCIDENT: The Hill: Modern media and the destructive representation of conservativism. “Whereas Sen. Elizabeth Warren (D-Mass.), Sen. Bernie Sanders (I-Vt.) and Hillary Clinton are all hailed for their various policy proposals, as well as their personal and professional achievements, individuals like Sen. Rand Paul (R-Ky.), Gov. Chris Christie (R-N.J.) and Sen. Ted Cruz (R-Texas) are ruthlessly assailed for every quip or comment, be they contextual or otherwise.”

CLAIM: Emulsifiers in food may make you fat via their effect on gut bacteria.

Here we report that, in mice, relatively low concentrations of two commonly used emulsifiers, namely carboxymethylcellulose and polysorbate-80, induced low-grade inflammation and obesity/metabolic syndrome in wild-type hosts and promoted robust colitis in mice predisposed to this disorder. Emulsifier-induced metabolic syndrome was associated with microbiota encroachment, altered species composition and increased pro-inflammatory potential. Use of germ-free mice and faecal transplants indicated that such changes in microbiota were necessary and sufficient for both low-grade inflammation and metabolic syndrome. These results support the emerging concept that perturbed host–microbiota interactions resulting in low-grade inflammation can promote adiposity and its associated metabolic effects. Moreover, they suggest that the broad use of emulsifying agents might be contributing to an increased societal incidence of obesity/metabolic syndrome and other chronic inflammatory diseases.

That’s a PDF link to Nature; here’s a (non-PDF) shorter news treatment.

CAYMAN UPDATE: Dot-KY Domain Going Global.

FOR PURIM: Seth Tillman: Purim & My Bangladeshi Friend.

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IF YOU’RE FEELING DEPRESSED ABOUT HOW THINGS ARE GOING, I recommend that you read Kurt Schlichter’s book. No, really. It’ll help, and give you some ideas on what to do next.

RETURN ON INVESTMENT: Are Prestigious Colleges Worth The Cost? None of them can touch the South Dakota School of Mines & Technology!

UM, OKAY: A 168 mph Honda Civic.

NOBEL PEACE PRIZE UPDATE: Iraq Wants More American Bombs Dropped on Iraq. “My how things change. The Iraqi government is cheesed off at the United States right now because Washington isn’t dropping bombs on Saddam Hussein’s hometown of Tikrit. . . . Tikrit is occupied by ISIS. Baghdad wants it back. Washington would like to see Baghdad get it back, but the Pentagon has good reasons to keep its finger off the fire button right now. The Iraqi armed forces consist partly of Shia militias led by Iranian Revolutionary Guard Corps fighters who are firing artillery and even operating surveillance drones.”

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LIVE LIKE WHITE MEN, DIE LIKE WHITE MEN? The mortality rate for white women in the U.S. has surged. I think that as more women enter the workplace, they face the kind of stress issues that men have traditionally “enjoyed.”

OUCH: If You Were a Member of the MSM, What Hillary News Would You Choose to Lead With This Week?

If you guessed Hillary Didn’t Pioneer The Pantsuit In Washington, DC, you’re a winner!

TEACH WOMEN NOT TO RAPE! (CONT’D): Former special-ed teacher admits sex crimes. “Former Corona special-ed teacher Summer Hansen is expected to get a 3-year jail sentence when she returns to Riverside Superior Court April 3rd. She pleaded guilty Friday to 16 sex-related crimes involving five underage boys when they were students at Centennial High School.”

BROTHER BOOK RECOMMENDATION: My brother writes to recommend Joshua Dalzelle’s Warship, and the Black Fleet Trilogy of which it’s the first volume: “A solid space opera. Totally worth $3.99. Very nice treatment of tech, for the most part, which I always appreciate.”

IS THERE ANYTHING IT CAN’T DO? Does More Coffee Mean Less Arterial Plaque? “Moderate coffee consumption was associated with a decreased risk of high coronary artery calcium (CAC) scores in asymptomatic people, according to a population-based study from Korea.”

LAWS AND RULES ARE FOR THE LITTLE PEOPLE: Hillary Clinton’s State Department Fired Ambassador For Using Private Email. “State Department policy was very clear. Using a private email outside the State Department’s secure system was completely unacceptable. If this applied to ambassadors, one would think it was sensible policy for the Secretary of State as well.”

MARK RIPPETOE: Athletes, Bad Coaches, And Steroids.

HILLARY CLINTON: Where Mean Girls Meets The Mob. “You all know the mantra by now: a criminal organization masquerading as a political party. It’s a point I’ve been making for nearly a decade now, and I think you’ll agree that what might at first have seemed outrageous is now practically conventional wisdom.”

SPEAKING AT THE UNIVERSITY OF TENNESSEE IN A COUPLE OF WEEKS: Marc Thiessen on Radical Islam: America’s Failed Response. Monday, March 23.

GEN. JIM MATTIS: Using Military Force Against ISIS.

IN THE MAIL: From Dave Barry, Live Right and Find Happiness (Although Beer is Much Faster): Life Lessons and Other Ravings from Dave Barry.

Plus, today only at Amazon: Save up to $100 on Power Wheels.

TAXPROF ROUNDUP: The IRS Scandal, Day 665.

YOUNG AMERICANS FOR LIBERTY SUE WITH HELP FROM F.I.R.E.: Students Sue Dixie State U. Over ‘Free Speech Zone,’ Censorship of Bush, Obama, Che Flyers.

“SOMEWHERE, JOE BIDEN IS PLANNING A DIPLOMATIC MISSION TO DENMARK:” Insanely Hot Conservative Danish Politician Gains International Fame.

SHOCKER: Big Blue Has Little Payoff for Blacks.

After 25 years of blue policies, the wealth gap between whites on the one hand and African Americans and Hispanics on the other has barely budged. . . .

The St. Louis Fed researchers said it’s not differences in age or education levels that explain the racial and ethnic wealth disparities; these persist even if you’re looking at older and better-educated blacks, Hispanics and whites.

Part of the story here is the disproportionate effect the foreclosure crisis had on African Americans. Black families were in some cases stuck with riskier loans than whites, and when the crisis hit a lot of their wealth was wiped out. Since then, many blue cities with large minority populations have been hit particularly hard by financial problems. When Detroit, a majority African-American city long ruled by blue politicians, needed to raise money recently it foreclosed on tens of thousands of homes. Then there is the overall decline in clerical and some government jobs, which have long been a staple of African-American middle-class employment—a decline likely to continue, given the sorry finances of state and local governments across the nation.

It’s like the whole thing is some sort of racial con game designed to enrich and empower politicians or something.

ANNALS OF “SMART DIPLOMACY,” (CONT’D): U.S. Ambassador Knifed, North Korea Calls It “Punishment.”

CULTURE OF CORRUPTION: Harry Reid Secured Subsidies for Aides’ Donors.

GIVEN OBAMA’S IRAN PLANS, THIS IS WORTH A RE-MENTION: The Unexpected Return Of Duck And Cover. And here’s the accompanying video.

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UNEXPECTEDLY! “The number of Americans filing new claims for unemployment benefits unexpectedly rose last week and nonfarm productivity contracted more sharply than previously thought in the fourth quarter.”

SHOCKER: New Poll: Obama Aids Rich, Not Middle Class. “A new Pew Research Center survey shows most Americans believe President Barack Obama’s two terms in office have favored the rich, and have not benefited the middle class or the poor. Those negative attitudes are justified by much negative economic data, and could help GOP candidates in 2015 and 2016 who offer a populist criticism of ‘crony capitalism.’”

Ya think?

HYPOCRISY ROADSHOW: Hillary Clinton still decrying gender wage gap despite paying women less.

Hillary Clinton is still decrying the gender wage gap, even though the exact same measurement of wage by gender reveals her own senate office to be a more egregious offender than the average American business.

During her speech Tuesday night at the Emily’s List 30th Anniversary Conference, Clinton, while discussing other issues women and families face in the workforce, brought up the wage gap.

“And it still is an outrage that so many women are paid less than men for the same work.”

Using the same metric as the study demonstrating the wage gap Clinton cited, women in Clinton’s senate office earned 72 cents to the dollar that men earned. The reason for this, of course, is not discrimination (Clinton’s spokesman told the Washington Examiner that many of the top positions in her senate office were held by women) but primarily the choices women tend to make in their careers. . . .

Clinton is trying to live by two sets of rules. On the one hand, she wants to argue that women in her office held senior-level positions and therefore the wage gap was due to reasons other than discrimination. On the other hand, she wants to maintain that it’s different for everyone else in the country — that women everywhere else are suffering from a wage gap mostly due to discrimination.

She can’t have it both ways by ignoring the many reasons why the wage gap exists.

Well, she can if the press lets her. And it’s likely to.

ED DRISCOLL: Tammany Hall Redux: The Clinton Political Machine.

WELL-OILED MACHINE: Revelation About Hillary Clinton Emails Catches Democrats Off Guard.

The revelation that Hillary Rodham Clinton conducted government business entirely on a private email account as secretary of state has blindsided the Democratic establishment.

It was a bracing reminder of the risks entailed in the party’s all-but-all-in bet on Mrs. Clinton so early in the presidential nominating process. And it left Democrats contemplating the prospect of yet another long cycle of dramatic Clinton flare-ups — the type that President Obama obliquely campaigned against in 2008.

The report on Mrs. Clinton’s emails, published by The New York Times late Monday night, left many Democrats privately expressing wonder as late as Wednesday morning that Mrs. Clinton and her aides had not anticipated the political problems that this could create.

Huh. A lot of Dems have told me that Hillary is “as oiled as a Diesel train,” so I expected things to be slicker.

GOOD: Mike Lee & Marco Rubio Lay Out Ambitious Tax Reform Plan. “The plan, in its outline, would dramatically simplify the U.S. tax code. On the individual side, it would institute just two brackets, setting up a 15 percent tax rate for up for people earning up to $75,000 or married couples making up to $150,000, and a 35 percent top rate for everyone above that line. The current top rate is 39.6 percent. Gone would be taxes on capital gains and dividends, as well as estates. It would also create a new $2,500 child tax credit, applicable to payroll tax liabilities as well as for the income tax. The senators justify that credit on the grounds that the current tax code creates an unfair bias against parents who raising children who will pay for government programs supporting retirement and old age healthcare benefits. Otherwise, the plan would reduce deductions, sparing only mortgage interest and charitable contribution deductions.”


Senate Minority Leader Harry Reid, asked Tuesday about lingering concerns over the Capitol Police Department’s handling of a controversial State of the Union night car chase, said the force does a “masterful job.”

The Nevada Democrat, who put himself through law school working as a Capitol Police officer, called himself a “stalwart defender and protector” of the force, saying they have “a job that is very, very difficult.

That’s racism, straight up.

HIGHER EDUCATION BUBBLE UPDATE: The End Of Tennessee Temple University. “Students have the option to move to Piedmont with assured admittance and continue their education at a discounted price, but the merger effectively means that come May 1, Tennessee Temple University will no longer exist.”

Who could have seen this coming?

GOVERNMENT IS JUST ANOTHER WORD FOR THE THINGS WE CHOOSE TO DO TOGETHER: At DHS, “Accountability” Is Just Another Word For Looking the Other Way.

THE HILL: House Oversight chairman: Clinton acting like Petraeus?

Asked on “Fox and Friends” whether Clinton’s exclusive use of a personal email address during her time as secretary of State raised national security concerns, Chaffetz said, “It does beg the question: Were there any sort of classified pieces of information that were flowing through her personal email account?”

“Which is something you can’t do and something yesterday Gen. Petraeus had to plead guilty to, or was going out in a deal, dealing with his personal email and interaction with somebody who didn’t have a classification,” Chaffetz added.

Petraeus reached a plea deal, the Justice Department announced Tuesday, over charges he failed to turn over for archiving small record books kept while commanding U.S. forces in Afghanistan, instead providing them and their classified information to his mistress, Paula Broadwell, who wrote a biography of the Army general.

State Department spokeswoman Marie Harf said Tuesday, “we have no indication that Secretary Clinton used her personal email account for anything but unclassified purposes,” adding that Clinton used secure phone calls, aides or took other steps to send sensitive messages and has turned over some emails for archiving.

“To maximize transparency, they’re supposed to adhere to the law, which, for her, means complying with the Federal Records Act,” Chaffetz said of Clinton on Fox.

Well, so long as she wasn’t sleeping with a hot woman that she shared secrets with. And how likely is that?

March 4, 2015

TEACH WOMEN NOT TO RAPE! (CONT’D): Ex-teacher pleads guilty to sex with student. “A former Highland Middle School teacher pleaded guilty to multiple criminal charges stemming from her relationship with a 13-year-old student in 2013. Jessica Boyers, 26, accepted a plea agreement Friday morning in Jefferson Circuit court to serve 10 years on charges of second degree rape, second degree sodomy and first degree sex abuse.”

YOU MAY BE INNOCENT, BUT WE’RE STILL GOING TO MAKE AN EXAMPLE OF YOU. BECAUSE FAIRNESS! After lab recants date-rape drug finding, Brown stands by its punishment of frat.

Brown University finds itself in damage-control mode after its case against a fraternity for date-rape drugging fell apart.

The Providence Journal reports that the unnamed lab that tested an alleged victim’s urine samples for the presence of GHB has “recanted” its positive finding after “outside medical experts” challenged its work:

As a result of the faulty testing, the university has dropped its inquiry into drugging allegations by two female students who attended an unregistered party held by Phi Kappa Psi on Oct 17, 2014. The students had reportedly drunk spiked punch and experienced symptoms of being drugged, including a short period of memory loss.

The frat has always maintained its innocence – but rather than lift its punishment, Brown is simply shortening its four-year suspension to two-and-a-half years.

The school explained in a testy press release intended to “correct misinformation and dispel rumors” that Phi Kappa Psi was guilty regardless of the urine test (as well as an inconclusive hair test) – essentially that it had to prove its innocence:

And they make sure that proving your innocence is impossible.

THIS WASHINGTON POST STORY IS PREDICTABLY UPSET ABOUT THE RISE OF PRIVATE POLICING, but I think we’d be better off if we fully privatized most law enforcement. Then it would be carried out by people who can’t claim official immunity.

A COLLEGE EDUCATION IS NO GUARANTEE AGAINST COMMITTING ATROCITIES; IF ANYTHING, IT’S THE REVERSE: “Many were shocked that the apparent executioner in videos made by the Islamic State, or ISIS, was an educated, middle-class metropolitan.” “In fact, academic institutions in Britain have been infiltrated for years by dangerous theocratic fantasists. I should know: I was one of them.” Like communists, they thrive in institutions that fundamentally see themselves as in opposition to the society that hosts them.

NANOTECHNOLOGY UPDATE: Designing mechanical functions into DNA nanotechnology.

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WHEN ONE TWIN EXERCISES and the other doesn’t.

Identical twins in Finland who shared the same sports and other physical activities as youngsters but different exercise habits as adults soon developed quite different bodies and brains, according to a fascinating new study that highlights the extent to which exercise shapes our health, even in people who have identical genes and nurturing. . . .

It turned out that these genetically identical twins looked surprisingly different beneath the skin and skull. The sedentary twins had lower endurance capacities, higher body fat percentages, and signs of insulin resistance, signaling the onset of metabolic problems. (Interestingly, the twins tended to have very similar diets, whatever their workout routines, so food choices were unlikely to have contributed to health differences.)

The twins’ brains also were unalike. The active twins had significantly more grey matter than the sedentary twins, especially in areas of the brain involved in motor control and coordination.

Presumably, all of these differences in the young men’s bodies and brains had developed during their few, brief years of divergent workouts, underscoring how rapidly and robustly exercising — or not — can affect health, said Dr. Urho Kujala, a professor of sports and exercise medicine at the University of Jyvaskyla who oversaw the study.

I would rate this study as suggestive rather than authoritative due to its small size, but I think it’s probably right that you can do more to influence your body via exercise than just about anything else.

ONWARD, CHRISTIAN SOLDIERS: Message from an Assyrian Christian Fighter.

THAT’S WHO THEY ARE, THAT’S WHAT THEY DO: Did the administration lie about Obama’s immigration action?

3D PRINTER MAKER MARKFORGED refuses to sell to Defense Distributed, the 3D-gun-printing design shop. And then lies about it, it seems: “In a statement to WIRED, MarkForged cited terms of service that ‘limit experimentation with ordnance to the United States Government and its authorized contractors.’ In fact, the company’s terms of service page doesn’t include that statement. But it does reserve the right for the company to refuse sale to anyone, even after an order is placed.”

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SUFFERING FROM GOUT? At least you may be at lower risk for Alzheimer’s. “Those with gout, whether they were being treated for the condition or not, had a 24 percent lower risk of Alzheimer’s disease. The reason for the connection is unclear. But gout is caused by excessive levels of uric acid in the blood, and previous studies have suggested that uric acid protects against oxidative stress. This may play a role in limiting neuron degeneration.”

TAR. FEATHERS. Parents held responsible for ‘unsubstantiated’ neglect. “‘Free-range’ parents have been found ‘responsible’ for ‘unsubstantiated’ child neglect because they let their kids — ages 10 and 6 — walk home from a park near their Maryland home, reports the Washington Post. Montgomery County Child Protective Services investigated Danielle and Alexander Meitiv’s parenting for two months before reaching that Orwellian verdict.”

I would rather live in a world where bureaucrats who behaved this way faced tarring and feathering on a regular basis, than a world in which they feel free to perpetrate such outrages without consequence.

TEACH WOMEN NOT TO RAPE! (CONT’D): Cocaine, sex charges filed against Calif. teachers who took 5 male students on ‘camping’ trip. “Melody Lippert, 38, and Michelle Ghirelli, 30, have been charged with unlawful sexual intercourse and giving controlled substances to minors. The pair also gave alcohol to the minors during a two-day camping trip in December, according to a statement from the Orange County Sheriff’s Department. Ghirelli faces an additional charge of orally copulating a minor.”

I blame our pervasive culture of female sexual entitlement.

OF COURSE, JEB BUSH ISN’T A GOVERNMENT OFFICIAL, SUBJECT TO OPEN RECORDS LAWS. AND HE’S RELEASED ALL HIS OFFICIAL EMAILS. But what Heidi’s trying to do here (or help MSNBC do here) is to muddy the waters and make it look like “everybody does it,” or at least to provide a talking point for Democrats. This is what the Democratic Operatives With Bylines do. Even at Bloomberg, where the standards are supposed to be higher.

IT’S AS IF THE ONLY SECURITY SHE CARED ABOUT WAS SECURITY FROM FOIA REQUESTS: Associated Press: Hillary’s emails are on a homebrew server registered to a pseudonym.

ONCE WHEN I REFERRED TO PRO PUBLICA AS A LEFTY OUTLET THEY GOT MAD, BUT DUMB CONSPIRACIST STUFF LIKE THIS PROVES THE CASE: Behind Supreme Court’s Obamacare Case, A Secretive Society’s Hidden Hand. The “Secretive Society” is the Federalist Society, which isn’t at all secretive, and which isn’t behind the ObamaCare case. This is all just part of the lefty Court-bullying press, and for Pro Publica to take part in it makes clear just what team they’re on, despite any protestations.

IN THE MAIL: From Jay Cost, A Republic No More: Big Government and the Rise of American Political Corruption.

Plus, today only at Amazon: Over 40% Off Sony AS100 Action Cameras.

TAXPROF ROUNDUP: The IRS Scandal, Day 664.

FORMER OBAMA MIDDLE EAST ADVISER DENNIS ROSS throws Obama under the bus. “Prime Minister Benjamin Netanyahu made a strong case to the Congress about why he thinks the potential agreement with Iran on its nuclear program is a ‘very bad deal.’”


Sen. Ted Cruz (R-Texas) on Tuesday offered the latest in a series of Republican ObamaCare alternatives ahead of a Supreme Court ruling that could gut the law.

Cruz’s bill, called the Health Care Choices Act, would allow people to buy health insurance across state lines, long a Republican health policy goal. It would also repeal Title I of ObamaCare, which would undo much of the law, including the mandate to buy insurance, the insurance marketplaces and subsidies to help people afford coverage.

Republicans are looking to show that they have a plan ready if the Court strikes down subsidies for around 7.5 million people in the roughly three dozen states using federally-run marketplaces. The Court will hear arguments in the case, King v. Burwell, on Wednesday.

The Obama administration insists that it does not have a contingency plan and that it will prevail in Court.

“The administration has done absolutely nothing to prepare for an upcoming Supreme Court decision that could leave millions of Americans unable to afford insurance thanks to this failed law,” Cruz said in a statement. “Republicans must offer the American people alternatives that lower costs and break the status quo that favors big government and big health care business over hardworking Americans.”

Everybody’s working the ref here, but I say: Fiat Iustitia, Ruat Caelum.

THE FDA GOES AFTER TESTOSTERONE: “The Food and Drug Administration said Tuesday that manufacturers of testosterone drugs used by millions of Americans will be required to change labels for the drugs to warn that they could increase the risk of heart attacks and strokes and should not be prescribed to treat symptoms in men brought on by age, such as declining sexual drive.”

Why is treating symptoms of aging bad? Aging, contra the FDA, is a terrible, fatal disease.

MICHAEL BARONE: The worst colleges and universities for free speech. “It’s a list with a lot of diversity — something that is valued seemingly above all else in American colleges and universities these days. The list includes highly respected flagship state universities (the University of Illinois, the University of Iowa), universities founded to nurture ancient religious traditions (Georgetown, Marquette, Brandeis), an urban college under severe stress (Chicago State), a suburban second-line college (Cal State at Fullerton) and a small city two-year institution (Modesto Junior College).”

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IT’S COME TO THIS: Hillary fallout: Josh Earnest now basically arguing that official government e-mail accounts are optional; Update: For aides too?

Related: Uh oh: Even without media hand-wringing, Democrats worry Hillary is imploding. “The political press seems loathe to draw unfaltering conclusions about Clinton’s ability to serve as an effective campaigner, but Democrats with skin in this game are not displaying the same nonchalance.”

It’s sad when actual Democratic operatives don’t shill as hard as their counterparts in the press.

LIZ PEEK: Netanyahu Shows Obama’s Deal with Iran Is Lose-Lose.


ASHE SCHOW: Sexual assault bill is back, and not much better than before.

Last week, a bipartisan group of senators reintroduced a campus sexual assault bill which, as I wrote last year, has some serious problems.

The Campus Accountability and Safety Act, which picked up two additional sponsors from last year’s version, purports to combat sexual violence. In reality, the bill fosters a campus climate where accused students are guilty until proven innocent.

The first bone of contention: The continued insistence by bill sponsors to call complainants “victims” before any evidence is compiled. At least they use the appropriate term “accused” (instead of “rapist”) for those on the other side, but the phrasing still shows bias toward a “guilty until proven innocent” mentality that has currently resulted in some 60 accused students suing their universities for unfair treatment.

This year’s version of the bill at least pays lip service to the notion of due process for what is actually a felony being adjudicated by campus administrators. The bill now includes the term “due process” three times, a 300 percent increase from last year’s bill, which included the term exactly zero times.

On page 31 of the bill’s 51 pages, due process gets its moment to flicker under a dark bridge.

The rest of it is basically hatred and fearful stereotyping of males. Plus:

Another troubling aspect included in the section about “support services” for the accuser is a requirement for schools to provide legal counseling. This would be a perfectly reasonable resource for schools to provide — if they were also provided to the accused student. This hints at further bias against students accused.

Remember, these students are being accused of felonies. This isn’t a disciplinary hearing for plagiarism, which can get a student expelled but not imprisoned. Documents and “evidence” included these proceedings can and will be turned over to prosecutors, should that be the next step. Universities, under political pressure, often ignore or explain away evidence provided by accused students and then find them guilty based solely on an accusation.

Note that Republicans Marco Rubio, Chuck Grassley, and Kelly Ayotte are on board with this, but are unable or unwilling to answer Schow’s questions.

GEORGE WILL: Stopping The IRS:

n 2013, Roskam, in a televised committee hearing, told the story of Al Salvi, who in 1996 was the Republican’s Senate candidate against then congressman, now senator, Dick Durbin. Democrats filed charges with the Federal Election Commission against Salvi’s campaign, charges that threatened to dominate the campaign’s final weeks. Salvi telephoned the head of the FEC’s Enforcement Division, who he says told him: “Promise me you will never run for office again, and we’ll drop this case.” So said Lois Lerner. After Salvi lost, FBI agents visited his elderly mother, demanding to know, concerning her $2,000 contribution to her son’s campaign, where she got “that kind of money.” When a federal court held that the charges against Salvi were spurious, the FEC’s losing lawyer was Lois Lerner.

Roskam’s telling of Salvi’s story elicited no denial from Lerner. Neither did the retelling of it in this column (June 13, 2013). No wonder: The story had not been deemed newsworthy by the three broadcast networks’ evening news programs, by The New York Times or The Washington Post. With most of the media uninterested in the use of government institutions to handicap conservatives, stonewalling would work.

It still is working through dilatory and incomplete responses to subpoenas, and unresponsive answers to congressional questions. Lerner’s name now has an indelible Nixonian stain, but there probably will be no prosecution. If the administration’s stonewalling continues as the statute of limitations’ clock ticks, Roskam says, “She will get away with it.”

Now in his fifth House term, Roskam, 53, says, “The advantage in this town is always with the entity that doesn’t want to do anything.” Many thousands of Lerner’s emails that supposedly were irretrievably lost have been found, but not released. The Justice Department’s investigation, which was entrusted to a political appointee who was a generous contributor to Barack Obama’s campaign, is a stone in the stone wall.

It’s a culture of corruption. Remember this, and act accordingly in all things. But wait, it gets worse:

Roskam says the task now is “to see that Lois Lerner 2.0 is impossible.” One place to begin is with the evidence — anecdotal but, in the context of proven IRS corruption, convincing — of other possibly punitive IRS behavior toward Republican contributors and other conservative activists. This justifies examining the IRS’ audit selection process. This would produce interesting hearings for most of the media to ignore.

Next, there should be hearings into the illegal disclosure of taxpayer information about conservative individuals and groups to the media and to liberal officials and groups. Cleta Mitchell, a lawyer for some groups abused by the IRS (and for this columnist on different matters), also suggests prohibiting IRS employees from joining a union.

“The National Treasury Employees Union,” she says, “provides no protection to IRS employees that federal statutes and the civil service system do not already provide. It already takes an act of God to hold an IRS employee accountable for his or her actions. But it is worse than merely redundant for IRS employees to belong to the NTEU. Because it adds nothing to its members’ protections, it is a purely political organization. In 2014, fully 95 percent of its contributions went to Democrats, including 11 Democratic members of the House Committee on Oversight and Government Reform. So, the IRS employees’ union dues finance the election of people who are supposed to scrutinize IRS’ behavior.”

The nice thing is, if Obama has to veto an IRS reform bill, it would be unpopular and would bring all this back up.

HIGHER EDUCATION BUBBLE UPDATE: UC to freeze California enrollment, cap UCLA, Berkeley non-residents. “In recent years, UC sharply increased the numbers of students from outside the state because they pay about $23,000 more in tuition than Californians do. But the rising presence of non-Californians is a hot political item, and legislative proposals to increase state funding to the UC require a freeze on their ranks. . . . An unprecedented 20% of this year’s freshman class across UC is from outside California and about 30% at UCLA and UC Berkeley. Though UC officials insist that Californians are not being excluded to make room for non-residents, many parents and legislators believe that UC has admitted far too many students from outside the state and are concerned that the practice hurts in-state students’ chances for admission.”

CULTURE OF CORRUPTION: Billionaire Trying to Force Costly Green Mandate on New York: John Catsimatidis pushing biofuel mandate as he finishes construction on Brooklyn biofuel plant. He has a face that should appear in a thousand political ads. Thomas Nast couldn’t have done better.

DIVIDED DEMOCRATS: Centrist New Democrats Want Bigger Role in Party’s Message.

The New Democrat Coalition members have long bemoaned their exclusion from the leadership table that’s typically — especially now — skewed to the left.

But with Democrats of all stripes evaluating what went wrong in the 2014 midterms and wondering how to win back seats in 2016, members of the group see an opening to really be heard — and hopefully taken seriously.

That’s why, for the first time in its nearly 18-year history, the group is putting out a comprehensive legislative agenda.

Good luck, guys.

THE HILL: Netanyahu speech divides Dems.

The fiery takedown of one of Obama’s top foreign policy priorities split leading Democrats, with some hailing the speech as a thoughtful warning from America’s closest ally in the Middle East and others condemning it as an underhanded attack on the White House.

More than 50 Democrats boycotted the speech to protest both Netanyahu’s censure of Obama’s policies and Speaker John Boehner’s (R-Ohio) decision to invite the prime minister without first consulting the White House or Democratic leaders on Capitol Hill.

House Minority Leader Nancy Pelosi (D-Calif.), who attended the speech, issued a scathing statement afterward.

“I was near tears throughout the Prime Minister’s speech — saddened by the insult to the intelligence of the United States as part of the [negotiating] nations, and saddened by the condescension toward our knowledge of the threat posed by Iran and our broader commitment to preventing nuclear proliferation,” Pelosi said.

That view wasn’t shared by other top Democrats, who praised Netanyahu’s message as both powerful and necessary amid a time of rising terrorist threats in the Middle East.

Rep. Joseph Crowley (N.Y.), vice chairman of the House Democratic Caucus, said it was “a very strong speech” in defense of Israel’s position.

Rep. Nita Lowey (D-N.Y.), ranking member of the Appropriations Committee, called it a “powerful, strong, factual, inspiring” address that “sent a very strong message to the entire world.”

And Rep. Steve Israel (N.Y.), chairman of the Democratic Policy and Communications Committee, said it was “a brilliant speech” that did “a very effective job” warning Congress of the risks surrounding Obama’s Iran negotiations.

“I was skeptical about the deal going in, I’m just as skeptical after the speech, and I think a significant number of my colleagues are where I am,” Rep. Israel said. “He changed minds. The question is: How many minds did he change?”

I’m not sure it’s just about changed minds. It’s also about stiffened spines.

IT’S COME TO THIS: Latest Scott Walker Scandal: His Spokeswomen Are WAY TOO HOT.

HIGHER EDUCATION BUBBLE UPDATE: Sweet Briar College, Citing ‘Financial Challenges,’ Will Close Its Doors in August. “The Richmond Times-Dispatch notes that the college is the state’s third liberal-arts institution in two years to close, joining Saint Paul’s College and Virginia Intermont College. Founded in 1901, Sweet Briar has 328 employees, including 72 full-time faculty members. It enrolled 700 students this year.”

Who could have seen this coming?