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Monthly Archives: September 2023
While Western Leaders Look Away, China’s Spies Are Everywhere – The Federalist
Posted: September 25, 2023 at 7:40 pm
The United Kingdoms parliament has been shaken byallegations that two of its staff were Chinese spies. The scandal illustrates that Western democracies are ill-prepared for Communist Chinas intelligence gathering and political interference operations.
TheTimes, which first broke the story last week,identified one of the alleged Chinese spies as Chris Cash, a 28-year-old British citizen. According to TheTimes, Cash was a history major who had studied and worked in China. Cash was recruited as a sleeper agent during his stay in China, tasked with infiltrating the U.K.s political networks critical of the Beijing regime.
Cash seemed to have succeeded in his mission.Alicia Kearns,chairwoman of parliaments Foreign Affairs Committee, hired Cash as a researcher. Although he had no security clearance, Cash accessed almost everywhere in Westminster as an employee. He worked for the China Research Group, an internal think tank co-founded by conservative members of parliament (MP) Tom Tugendhat and Neil OBrien in 2020. Members of the think tank are mostly conservative MPs with hawkish views on China and its ruling Communist Party (CCP).
Cash wasreportedlyan outgoing individual and often a fixture at Westminsters social scenes, rubbing elbows with MPs, activists, Chinese dissidents, and journalists covering China. Cash also participated in China-related policy discussions. Early this year, Cashaccompanieda conservative MP to meet with Cabinet Office minister Alex Burghart to discuss proposed amendments to the Procurement Bill.
The bill was designed to strengthen U.K. policy toward China, including the ability to exclude companies posing national security risks from bidding on government contracts. It is unclear if Cash tried to water down the bill in any way. But it seems Cash might have caused harm in other ways.
An MP sanctioned by Beijing,Luke de Pulford, tweeted about Cashs duplicity: Worth noting: this is a man who consistently briefed against @ipacglobal and its members, and who I believe subverted free parliamentary debate by downplaying the behaviour of the CCP. He worked to divide the movement a typical CCP tactic and he had success.
In March, Cash and another staff member in his 30s were arrested under the Official Secrets Act and were released on bail until October. Only senior leaders of the parliament were aware of these arrests. Other MPs and the general public didnt find out until last week, when The Times reported it.
Cash maintains that he is completely innocent. People who came in touch with Cash in the past are upset and demanding to know why parliamentary leadership kept something so egregious to themselves.
China critics are anxious about how much of the information they shared with Cash was reported back to Beijing and if their safety is now compromised. Some Hong Kong dissidents are concerned whether Cash shared their whereabouts with Beijing. Even if the spy allegation is false, Beijing has succeeded in its mission to sow distrust and division within the U.K. legislature.
The spy incident was exposed the same week British media revealed that the nations spy agency, MI5,warnedthe Conservative Party to keep two individuals off its candidate lists in 2021 and 2022 due to their alleged links to ChinasUnited Front Work Department, a CCP outfit responsible for spreading propaganda and conducting covert and overt interference operations overseas. In 2022, MI5 also issued a rare security alert against Christine Lee, a U.K. lawyer who was linked to the United Front and allegedly involved in political interference activities in Britain on behalf of China.
Despite its spy agencys warnings, the measures the U.K. government has taken to address the security threat posed by China are completely inadequate, according to a parliamentaryreport released in July. The report accused the CCP of using its size, ambition, and capability to successfully penetrate every sector of the U.K.s economy, and Chinese recruitment schemes have tried to headhunt British and allied nationals in key positions and with sensitive knowledge and experience.
U.K. Prime Minister Rishi Sunaksaid he was appalled by the espionage scandal. Yet he refuses to name China as a threat and has no plan to change his engagement with Beijing because he believes that confronting China too much will hurt his nations economy and discourage China from cooperating on tackling climate change.
The United Kingdom is far from the only democracy exposed to the CCPs subversion activities and interference operations. In Australia, an investigation uncovered a network of China-linked donors and companies that contributed more than $5.5 millionto Australian Liberal and Labor parties between 2013 and 2015, aiming to influence Australias foreign policy by favoring Beijings positions.
One of the nations promising politicians, Senator Sam Dastyari, resigned from parliament in 2017 after he wasreportedly under the political influence of a China-born businessman who is linked to the United Front. The Australian parliament passed an anti-foreign interference law in 2018 to address Chinas overseas political interference activities. But former Prime Minister Malcolm Turnbull complained the law wasnt rigorously enforced, even in 2023.
Last year, the Canadian Security Intelligence Service (CSIS)warnedits government that Beijing is the foremost perpetrator of foreign interference in Canada. CCP operatives have employed incentives and punishment as part of their overseas operations, directly targeting Canadian legislators, business executives, and Chinese immigrants in the nation.
This spring, Canadaexpelleda Chinese diplomat, accusing him of seeking to intimidate an MP who is an outspoken critic of China by going after the MPs relatives in Hong Kong and mainland China. Under public pressure, Prime Minister Justin Trudeauorderedan independent investigation to help identify and combat foreign interference in Canadas elections and its democracy.
The United States has also encountered Chinese espionage and political interference. A suspected Chinese spy reportedlydeveloped extensive ties with local and national politicians in the United States, including Homeland Security Ranking Member Rep. Eric Swalwell, D-Calif., before she escaped to China. Early this year, aChinese spy balloonflew across the continental United States for weeks, passing sensitive military sites, before the U.S. military shot it down.
Last month, two U.S. Navy sailorswere arrestedfor passing intelligence to China. Of course, the ongoing investigation of Hunter Biden hasrevealed that Chinese businessmen sent him millions of dollars, seeking to buy influence over his father, President Joe Biden.
All these incidents reveal two disturbing trends. First, the CCP has stepped up its spying and political interference, and its goals have expanded from gathering intelligence and suppressing overseas dissent to directly meddling in democratic processes. The CCP wont be deterred by any arrest or publicity because it believes every revelation will spread distrust and confusion in a democratic society, to the partys advantage.
Second, Western democracies are ill-prepared for Chinas threat to their political systems, mainly because some leaders are concerned that hawkish policies would jeopardize their countries economic ties with China. Above all, they believe climate change is the biggest threat to humanity and desperately seek Chinas assistance to solve the climate crisis.
These leaders misplaced priorities, wrong-headed policies, and unwillingness to confront China have given the CCP ample opportunities to weaken the democratic systems of their countries. We can only hope voters will wake up to the CCPs threat and hold their leaders accountable.
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Teacher Who Assigned An Anne Frank Book Deserved To Be Fired – The Federalist
Posted: at 7:40 pm
Last week, a middle school teacher in Texas was fired for assigning the graphic adaptation of Anne Franks diary. Judging from most headlines, this seems to be an instance of intolerant and anti-intellectual parents targeting a teacher for trying to engage her class with a text that denounces hate.
Newsweeks title was typical, Anne Frank Book Gets Teacher Fired, placing the blame on the book rather than the teacher, and purposely de-contextualizing the issue so that its about the presence of this book, not what was done with it. Understandably, Randi Weingarten, the infamous president of the American Federation of Teachers union, tweeted to her 124,000 followers about the incident to complain about a wrongful termination but had all the details wrong.
All this is to say that theres more to this story that deserves further examination.
Ill admit, as an English teacher myself, I sympathized with this woman at first, thinking she mustve been caught in the crosshairs of some vindictive parents or administrators who disagreed with her politics or lifestyle. Ive witnessed this and can attest the attacks can be from both sides, and it gets ugly.
However, once I made it past the headline, it became apparent why this teacher was removed from the classroom. First, the book wasnt included in the classs approved curriculum. Second, the book included sexually explicit content that was wildly inappropriate for a middle school English class.
At best, the teacher was incompetent and thought using this book would help her struggling readers understand Anne Franks story, not thinking about the material in it. At worst, the teacher knew what was in the book, thought it would be good for her students, and wanted to rebel against prescribed standards by going off-script.
For most people, all this might be confusing. After all, how can Anne Franks diary be inappropriate when so many millions of students read the book and missed these salacious descriptions? This is because the original version published in 1947, which most people have read, doesnt include Franks descriptions of puberty, genitalia, and lesbian desires, which were in the original diary. For whatever reason, the graphic novel version published in 2017 includes these missing portions, as the Daily Mails writeup on this story shows.
That said, this doesnt make it a bad book. Puberty and sexual desires are normal aspects of young adulthood, and many adolescent readers may take solace in the fact that Frank felt the same things some of them do.
But this kind of content does make it a bad book for whole-class reading in a middle school English class. In this context, the teacher is effectively acting as an authority on sensitive topics, taking it upon herself to introduce, explain, and evaluate what Frank is talking about.
Instead of students encountering these subjects when theyre ready, they are forced to adopt and apply their teachers interpretation. Otherwise, they may be punished or suffer a bad grade.
Naturally, this makes for an extremely uncomfortable classroom environment. In addition to assigning the graphic novel to her classes, this teacher was making her students read these parts aloud, which is extremely questionable. Why would she ask 13-year-old boys and girls to read lines about how Frank feels about menstruating or how she wants to grope her friend? Either she gets a perverted thrill from this, or she wants to somehow de-stigmatize or normalize this subject matter for her young students two things most people would consider sexual grooming.
As a teacher, I also question the instructional merits of assigning a graphic novel as whole-class reading. Most middle schoolers desperately need to practice reading texts, building their vocabulary, logic, and imagination to better comprehend complex ideas in written form. And as much as I love graphic novels as a narrative art form Scott McClouds classic book, Understanding Comics: The Invisible Art, is still a favorite of mine their reliance on visual representation makes them unsuitable for teaching reading.
Seeing illustrations of Frank with accompanying word bubbles and narration is altogether different from reading her words and putting them together in ones mind. The content might be similar, but the skills involved are not, and this matters if students are going to be tested on those skills at the end of the year.
Overall, far from condemning the administrators and parents as bullies and book banners, we can say that they did the right thing in dismissing a teacher who crossed more than a few lines. Not only did she neglect to teach age-appropriate content to her classes, but she corrupted her students, doing untold damage to their mental and emotional health.
For the time being, a long-term sub has replaced her while the district looks for someone to fill the vacancy. Its unlikely the students will learn much in the meantime, but at least they wont be subjected to further harm.
Hopefully, educators can learn from this story and remember what they were hired to do. Our job is to teach kids knowledge and skills (i.e., how to think), not opinions and values (i.e., what to think), and certainly not how to become activists (i.e., not to think). This might mean reading the PG version of Frank and avoiding various hot topics that come up in class discussions. Thats fine.
The kids will grow into adults and think about these things when theyre ready. We just need to make sure they actually do grow into adults and learn how to think in the first place.
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Schumer’s Cave On Military Nominations Is A Win For Tuberville – The Federalist
Posted: at 7:40 pm
Senate Majority Leader Chuck Schumer filed cloture on a series of military nominations on Wednesday, all but admitting hes had the power to do so in spite of his attacks against Alabama Sen. Tommy Tuberville over the latters protest of the Pentagons abortion policy.
For months, Schumer and Democrats have attacked Tuberville for using his position on the Senate Armed Services Committee to slow-walk military personnel moves requiring Senate confirmation. Tuberville did this to protestthe Pentagons use of taxpayer money to cover service members abortion-related travel expenses.
Despitepossessing the power to bring these nominations to the Senate floor for a confirmation vote, Schumer has spent months attacking Tuberville and pushingbaseless claims the Republican senators protest is putting American security in jeopardy. Schumers filing on the nominations of Air Force Gen.Charles Q. Brown, Marine Corps Gen.Eric Smith, and Army Gen.Randy George, however, is a tacit admission by the Senate majority leader that hes had the ability to bypass Tubervilles protest all along.
According to The Daily Caller, the cloture motions would, if approved by at least 60 senators, limit debate on the nominations to 18 hours and lead to a final confirmation vote.
The motion on Browns nomination was approved by the Senate by an 89-8 vote Wednesday evening.
Instead of voting, Democrats have spent months complaining about having to vote, Tuberville said during a speech on the Senate floor. Sen. Schumer could have confirmed these nominees a long, long time ago. I didnt come [to Congress] just to outsource my job to the Pentagon or the White House. Yet, thats exactly what Democrats want to do.
This is a win for the legislative branch of government, he added.
[RELATED: Dont Ask Tommy Tuberville Why The Senates Not Voting On Military Nominations. Ask Chuck Schumer]
Schumer has hardly acted alone in his attacks on Tuberville. In recent months, high-ranking military officials, including Defense Secretary Lloyd Austin, have repeated the baseless accusation that the Alabama senators protest was harming military readiness and jeopardized national security. Of course, none of these officials ever called on the Pentagon to abandon its policy of forcing U.S. taxpayers to subsidize the murder of unborn children. Nor did they voice concerns about military readiness when the military fired over 8,400 U.S. service members for choosing not to receive the Covid jab.
Shawn Fleetwood is a staff writer for The Federalist and a graduate of the University of Mary Washington. He previously served as a state content writer for Convention of States Action and his work has been featured in numerous outlets, including RealClearPolitics, RealClearHealth, and Conservative Review. Follow him on Twitter @ShawnFleetwood
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Biden Claims ‘Democracy Is At Stake’ While Preventing Democracy – The Federalist
Posted: at 7:40 pm
Now that one of the 2 million Democrat prosecutors chasing Donald Trump has filed a court motion to make it illegal for him to talk about the election, is it okay to laugh anytime Joe Biden frames 2024 as a referendum on democracy?
Monday night would have been a good time to exercise that rule. Speaking at a fundraising event on Broadway, the president told FOLKS! in attendance that hes running for reelection because democracy is at stake and on the ballot once again.
Its gotten so corny, and yet if there werent pollsters, consultants, and all of the media telling every Democrat in the country that its a line that works for their voters, he wouldnt be saying it.
Yet, its Democrats who come up with a new way to shut down the few remaining options and avenues the American public has to express their opinions and choices on virtually everything. They do it on the daily. Just last week, Special Counsel Jack Smith requested that a federal judge in Washington, D.C., place a gag order that would prevent Trump from disparaging Smiths Jan. 6-related case against him, even in political terms.
[T]he defendant has repeatedly and widely disseminated public statements attacking the citizens of the District of Columbia, the Court, prosecutors, and prospective witnesses, Smith wrote in the filing. Through his statements, the defendant threatens to undermine the integrity of these proceedings and prejudice the jury pool
He asserted that Trump has a history of inflammatory and misleading statements that would cause others to harass and harm perceived critics or adversaries. One of those supposedly dangerous statements was a social media post wherein Trump said, Joe Biden directed his Attorney General to prosecute his rival. This is not an independent Justice Department, this is not an independent special counsel. This is being directed by the Commander-in-Chief.
Smith said that remark was made without any basis, even as none other than the New York Times wrote in April last year for its millions of readers does Jack Smith have a subscription? that Biden has told his associates he wants indictments against his predecessor and that he wanted his attorney general to act less like a ponderous judge and more like a prosecutor who is willing to take decisive action over the events of Jan. 6.
It wouldnt be until seven months later that Trump would launch his own reelection campaign, but everyone knew he was going to do it, and everyone knew that when he did, he would instantly become the frontrunner for the Republican nomination.
Thats the context dismissed by Jack Smith as without any basis.
The motion comes just a month after the judge in the case, Tanya Chutkan, has already sided with Smith on a similar motion regarding inflammatory statements. She said there were limits to what Trump could say whether it will affect a political campaign on either side. In essence: Even if Trumps campaign is partly or wholly about the case against him, he cant talk about it.
When Democrats arent limiting what Trump can talk about in a national election, theyre trying to get his name removed from state ballots. When theyre not doing that, theyre suppressing what their dissenters can say on the Internet. When theyre not doing that, theyre trying to shrink the Internet by icing out would-be customers from renting space.
If you dont agree with Democrats on anything, what are you supposed to do? Where are you supposed to go?
Democracy really is at stake. Biden and his party are working to eliminate it as an option altogether.
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America’s ‘Rainbow’ Military Is On Track To Lose A Major War – The Federalist
Posted: at 7:39 pm
US military asks the public for help finding its missing F-35 fighter jet after its pilot had to eject while training over South Carolina.
While the above Insider headline may sound like a comedic piece straight from the pages of The Babylon Bee, its not. The U.S. military actually publicly claimed it had lost a multi-million-dollar fighter jet.
The loss occurred Sunday following an alleged mishap that required the aircrafts pilot to eject. The F-35 purportedly kept on flying. It wasnt until Monday evening a day after Joint Base Charleston requested the publics assistance in finding the missing jet that military officials announced they had discovered a debris field about two hours northeast of the base.
The debacle has since prompted the Marine Corps acting commandant, Eric Smith, to issue a two-day stand-down order for all military aviation units both inside and outside of the United States.
This episode raises so many questions. For one, how does the U.S. military the supposed best and most advanced fighting force on the planet lose a highly-valued asset, especially over U.S. soil?
Why are military bases such as Joint Base Charleston acting as landing pads for commercial planes transporting members of the Peoples Republic of China the very government trying to topple the United States as the worlds hegemon?
While its improbable any of these questions will actually be answered to the publics satisfaction, the likely answers probably wouldnt reverse Americans waning confidence in the ability of U.S. military leadership to defend the American homeland. Nor should they.
This weeks fighter jet fiasco is just one example of many showcasing a U.S. military in severe institutional decline. Instead of focusing on how to win wars which should be the sole purpose of any military top Pentagon brass have since at least the Clinton administration treated the service as one giant, left-wing social experiment.
Through its adoption and outright promotion of neo-Marxist ideologies including DEI (diversity, equity, and inclusion), the military has sacrificed efficiency, ruthlessness, and strength for LGBT celebrations, racial politics, and climate alarmism. A look into the backgrounds of President Bidens many military nominees shows the primary focus of the Pentagons leading figures isnt defeating communist China or protecting Americans from other international threats, its crafting a diverse and inclusive social club where leftist lunacy is treated as gospel and conservative wrongthink as extreme.
Look no further than the Pentagons abortion policy, which violates U.S. law in using taxpayer money to pay for female military members travel expenses to kill their unborn child. Defense Secretary Lloyd Austin and Democrats have baselessly claimed for months that Alabama Sen. Tommy Tubervilles slow-walking of Bidens military nominees in protest of the policy harms military readiness.
If thats true, then why hasnt the Pentagon dropped its policy? If readiness is such a major concern, why did the military fire thousands of service members who chose not to get an experimental shot? And why isnt Democrat Chuck Schumer using his power as Senate majority leader to approve Bidens supposedly important nominees?
The reason, as tacitly admitted by the heads of the Army, Air Force, and Navy, is that taxpayer-funded abortions are a sacrament of the leftist religion so must be preserved at all costs. Coupled with decades of failed military adventurism and nation-building like that conducted in Afghanistan, its no wonder the U.S. military is facing the worst recruiting crisis since shifting to an all-volunteer force in 1973.
The Marxist hijacking of Americas military isnt an accident; its an intentional act contributing to the lefts greater plan to re-invent society. For the left, the military is just another piece on the American chessboard to coopt. Its why the military so vigorously promotes Marxism and penalizes conservative beliefs: to dissuade the God and America-loving patriots who have largely staffed it for generations from joining or remaining in service.
As witnessed many times before, however, the leftist takeover of institutions has its costs. Only Americas rainbow military could cost our country its security and well-being.
For decades, the U.S. military has prevented widespread global conflict, deterring aggression from hostile actors and maintaining peace through strength. If the worlds leading aggressors no longer view America as the dominant military power, where does that leave us? If the U.S. gets dragged into a war with a rival power, can we be confident our rainbow fighting force can get the job done? The withdrawal from Afghanistan and growing quagmire in Ukraine atop the failed war in Iraq and our militarys distraction into identity politics dont bode well.
Much like the missing F-35, our nations military is lost with no sense of direction or purpose, and those faithfully committed to the American cause are forced to bail out. Let us hope and pray for new military leadership before its too late.
Shawn Fleetwood is a staff writer for The Federalist and a graduate of the University of Mary Washington. He previously served as a state content writer for Convention of States Action and his work has been featured in numerous outlets, including RealClearPolitics, RealClearHealth, and Conservative Review. Follow him on Twitter @ShawnFleetwood
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Apple Will Curb Your Freedom ‘Til Congress Crushes Its Monopoly – The Federalist
Posted: at 7:39 pm
Its not just Google that has negativelyaffectedconservatives through its online services orabusedits platforms to favor itself.Apple is another global tech behemoth that is exercising excessive and undue content moderation on its platform.
Without notice, Apple removed thousands of episodes of The Glenn Beck Program from Apple Podcasts on the morning of Aug. 16. Apple restored the popular show to its platform five hours later, blaming the removal on a trademark dispute. Host Glenn Beck said he received a notice from Apple about an issue with the show, but a link to more information contained therein simply informed him that Apple had removed his show.
This episode illustrates the harm that Apples monopoly is causing to a flourishing internet. From the excessive fees and gatekeeping of its App Store to its greed-fueled support of the totalitarian Chinese government, Apple has shown it is abusing its monopoly power, which runs counter to Americas best interests as well as a free and open internet.
When a consumer wants to download an app on his iPhone, there is only one shop in town the Apple App Store. App developers must also play by Apples exploitative rules if they want to sell their services on the App Store. Once a developer earns $1 million in revenue, it must fork over 30 percent in fees. X CEO Elon Musk correctly labeled this fee a 30% tax on the Internet.
Presumably, having exorbitant fees and complete control over access to the App Store would mean Apple is equipped to prevent abuse of its platform. In reality, Apples App Store is consistently in the news for the opposite.
Back in 2022, it was reported that cybersecurity researchers found TikTok bypassed certain security audits of its code run by Apples App Store. In 2019, cybersecurity company Trend Micro published a report showing it found hundreds of fake applications in the App Store, some ranking in the top 100, that could hide their true behavior during Apples review process. Even Pro-Big Tech outfit AEI had to cover the fact that the App Store was hosting Pure Spyware on the Chinese-built app My2022 for Olympic athletes, including useful hidden features like continuous voice monitoring.
A man named Kosta Eleftheriou single-handedly exposed Apples inability to properly police its App Store by identifying high-revenue scam apps that Apple had overlooked. In 2015, cybersecurity firms found malware in more than 300 apps due to an issue with Apples developer tools, causing personal information to leak from Chinese-developed apps. The notion that Apples App Store is an impenetrable walled garden where no malicious app can enter is a falsehood.
Apples faults go far beyond its App Store drama. In August 2021, it announced that photos stored in iCloud would be scanned for child sexual abuse material (CSAM). While the pursuit of such a mission may be admirable, the obvious privacy implications caused such an outcry that Apple ultimately walked back the decision. The widespread concern about this tools misuse is well warranted given Apples subservience to the Chinese Communist Party.
In the wake of the Hong Kong protests, Apple rolled out an update to Chinese iPhones that would restrict the Everyone mode of AirDrop after 10 minutes, making it harder for Chinese dissidents to use one of the few uncensored communication mediums in China. During the zenith of the protests, Apple removed an app that allowed protesters to track the movements of police after an official CCP newspaper called out Apple for allowing it on the App Store. Apple lobbyists have also tried to prevent efforts to end forced labor in China, and CEO Tim Cook visited China multiple times to orchestrate a $275 billion investment deal that would help the company avoid CCP regulations.
Apples dominance of the smartphone and app store industry combined with its high fees, lack of oversight, and exclusionary practices is making the internet a worse place for both innovation and freedom. Apple has consistently proven itself to be driven by greed and a dangerous political agenda. To hear firsthand, just ask Beck, the protesters in Hong Kong, or those harmed by predatory apps allowed on the iOS App Store.
Apples monopolistic abuses should not dictate the freedoms of Americans online. Consumers deserve options in the application marketplace without sacrificing quality or bearing greater costs.
That is why Congress should pass vital legislation, such as the Open App Markets Act. This legislation would remove restrictions on consumers that stop them from downloading apps of their choice, while also preventing app stores from forcing their in-app payment systems on developers. Doing so would help to curb Big Tech interests and restore market balance for both consumers and competitors. Its time to unshackle the online space from Big Tech and restore a free and open internet for its users.
Caleb Larson is a cybersecurity researcher, policy analyst with the Internet Accountability Project, Heritage Foundation alum, and contributor at The Daily Caller, where he writes about cybersecurity-related issues facing the United States.
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Paying Iranian Terrorists Ransom Is Nothing To Brag About – The Federalist
Posted: at 7:39 pm
The going rate for an American hostage these days is around $1.3 billion. Thats what the Biden administration paid out for five Americans in a prisoner swap with the Islamic Republic of Iran this week. And with little overhead, its mostly profit for the mullahs.
But dont let the term prisoner swap insinuate any moral equivalence. These are not two normal countries trading spies or combatants. No, this is just an old-fashioned extortion.
The Iranians released political hostages, snatched off the streets of Tehran after unwisely returning to visit family or attending funerals or protests. Many of them were reportedly thrown into the notorious Evin prison for the crime of having dual citizenship. Some, like Siamak Namazi, were put in solitary confinement for over two years.
Conversely, the United States released a bunch of spies, most of them caught trying to send military and nuclear equipment back to Iran all of them given the benefit of due process.
The moral imperative to retrieve American citizens from these fascist regimes is admirable. Incentivizing more kidnappings is not. So, its one thing for the Biden administration to contend, we did what he had to do and quite another for them to celebrate as if they had just signed the Peace of Westphalia.
Yesterday, White House National Security Advisor Jake Sullivan tweeted out a triumphant picture of the Biden team and the released hostages, writing seven Americans on their way home from Iran alongside a world class group of American diplomats.
The fact that Iran, a far weaker state with little leverage, walks away with its spies and six billion in sanctioned cash in exchange for five innocent people does not strike me as a great diplomatic coup at least, not for the United States.
Mullahs, and others, feel quite comfortable taking American hostages, which speaks poorly of our world standing, and confoundingly of the Democrats soft touch with Iran. Hey, thats a nice military base you have there, it would be a shame if it ended up like the shredded corpse of Qasem Soleimani, is what the vile mullahs should be hearing. Instead, Democrats, gung ho to fight proxy wars against nuclear powers, will almost never utter a cross word that might offend the Supreme Leader of Iran.
Secretary of StateAntony Blinken, trying to manage the political fallout, contends that the United States is working every single day to take steps to make this practice [hostage taking] more and more difficult and more and more of a burden on those countries that engage in it. They say the same thing every time. And it is never true.
Hostage-taking has been a lucrative business for the Islamic Republic since its inception. Jimmy Carter and Ronald Reagan both signed off on a deal to transfer nearly $8 billion to the Ayatollah for American hostages. Reagan tried to do it again in 1986 with a convoluted scheme that was also intended to help Nicaraguan rebels, which became known as the Iran-Contra affair.
Barack Obamas midnight cash ransom payments not to mention other highly dubious and likely illegal giveaways to Iran was an even bigger scandal, though you would never have known from the coverage. Obama, obsessed with helping Iran become a Middle Eastern power, gave Iran virtually everything they wanted in nuclear talks. Guess what? Almost immediately, they began taking more American prisoners.
For a long time, U.S. policy was to never pay ransom for hostages taken by terror groups. The Justice Department objected to Obamas lavish cash payments to Iran because it ignored those existing guidelines. This is why Washington now uses diplomatic euphemisms like wrongfully detained rather than hostage. And the U.S. not only still considers Iran a state sponsor of terrorism but it has designated the Islamic Revolutionary Guard, the group that reportedly seized these very people we just liberated, a terror organization.
Which is also why the White House claims that under terms that provide confidence, the funds will be spent only on a limited category of humanitarian trade: food, medicine and agricultural products. Thats it.
Is it, though? There is absolutely no real way to ensure that the Islamofascists in Qatar, the nation brokering the deal, will hold their friends in Iran accountable, or that it even matters. Before all the funds were even transferred to Iranian accounts, President Ebrahim Raisi had told NBC News that his country would spend $6 billion wherever we need it. Of course, even if the mullahs bought only food, medicine and agricultural products with it, that specific money is, as everyone knows, fungible.
Iran boosters will tell you none of this matters because the ransom money is actually Irans to begin with funds held by South Korea due to American sanctions. Its not theirs, we took it. Nor should it ever be theirs. The Iranian government, companies, and officials still owe American citizens at least $53 billion in outstanding judgments. Legislation passed in 2015 granted $4.44 million to every American held hostage by Iran in 1981 $10,000 per day. Then there are the families and relatives of 9/11 victims, who also won tens of millions in judgments against Iran, which not only gave safe harbor to Sunni terror groups but also helped transit al-Qaeda members out of Afghanistan before 9/11, including some of the hijackers.
Maybe we needed to make this deal, maybe not. But giving a nation that attacks U.S. interests around the world, murders hundreds of our soldiers, takes hostages whenever it needs cash, and is at the center of every bloody conflict in the Middle East, another $6 billion is nothing to brag about.
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Paying Iranian Terrorists Ransom Is Nothing To Brag About - The Federalist
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First and Fourth Amendment Claims Over Arrest at Protest of Police … – Reason
Posted: at 7:39 pm
From the decision earlier this month by Judge F. Kay Behm (E.D. Mich.) in Rideout v. Shelby Twp.:
This case arises from Rideout's arrest after a series of protests against the Shelby Township Chief of Police, Robert Shelide, a defendant here. On June 16, 2020, Chief Shelide was suspended for thirty days after having made multiple posts on a Twitter Account using a pseudonym supporting racist ideals and endorsing police brutality. On July 1, 2020, July 15, 2020, and July 20, 2020, Rideout participated in protests against Shelide. On the evening of July 20, 2020, local media interviewed Rideout, who criticized Shelide's return from suspension and called for his resignation.
According to the SAC [Second Amended Complaint], in response to Rideout's criticisms, the named Defendants worked together to retaliate against him for exercising his constitutional rights under the First Amendment. Rideout alleges that Shelide and the police officer defendants colluded to conduct a pretextual investigation of his activities on July 20, 2020 to fabricate a misdemeanor charge of violating Mich. Comp. Laws 257.602 (failure to comply with the order or direction of a police officer) and presented false or misleading facts to the prosecutor's office. No other protester was arrested for their participation in the July 20, 2020 protests/demonstrations.
The SAC alleges that Defendant Ermir Villa's police report, which served as the basis for the warrant, was untruthful and failed to include exculpatory evidence. The SAC further alleges that Villa, the other Defendant officers, and Shelide were all aware at the time the arrest warrant was obtained that Rideout sought to cooperate with officers at the protest, asked for more time to disperse the crowd, and the officer on the ground granted that request. Despite this knowledge, Defendants colluded to omit this information from the presentation of evidence to the prosecutor and magistrate who issued the warrant.
In 2021, Rideout filed a motion to dismiss the charges based on a lack of probable cause and insufficient evidence. After an evidentiary hearing, the state court judge dismissed the charges, ruling:
a) "I would note just as an aside, that I thought it was somewhat unusualsomewhat unusual for the Defendant ("Rideout") to be charged after the fact and arrested several days later rather than the date of the alleged incident, which typically would be the case and was the case on some of these other matters."
b) "As I've indicated, I spent a lot of time looking at the videos. The video shows aa number of times where the Defendant, Mr. Rideout, did discuss issues with the police officers involved. It did seem like he was trying to control the crowd; control the participants. At one point, directing 6 them off of the roadway, and it did appear that he was atat certain times assisting the police officers. I did see that he was, in fact, thanked by one of the police officers for that assistance."
c) "I just did not feel that there was sufficient evidence under the circumstances to sustain the charge and to go to trial on the matter."
d) Case was dismissed.
The court allowed plaintiff's First Amendment claim to go forward:
Although probable cause generally will defeat a 1983 First Amendment retaliation claim, two exceptions exist where, as here, the defendant officers are being sued in their official capacity. For the first exception to apply, the Supreme Court held that (1) there must be an "official municipal policy of intimidation"; (2) the municipality must have "formed a premeditated plan" to retaliate against the plaintiff; (3) the plaintiff must present "objective evidence of a policy motivated by retaliation"; (4) there must be "little relation" between the protected speech and the offense that led to the arrest; and (5) the protected speech must be "high in the hierarchy of First Amendment values," such as the freedom to petition. Lozman v. City of Riviera Beach (2018). The second exception applies where "a plaintiff presents objective evidence that he was arrested when otherwise similarly situated individuals not engaged in the same sort of protected speech had not been," the existence of probable cause will not preclude a First Amendment retaliation claim. Nieves v. Bartlett (2019).
Rideout's SAC alleges that he was the only protestor at the July 20, 2020 protest who was arrested, despite the fact that multiple protestors engaged in the same actions as he did. The SAC further alleges that Defendants' investigation of him was initiated as a pretext to execute their plan to retaliate against him and intimidate him for exercising his First Amendment rights to protest Shelide. This suggests that Rideout's retaliation claim falls within the exception outlined in Lozman and the motion to dismiss Count I is denied for this reason. Moreover, as discussed below, the SAC has sufficiently alleged a lack of probable cause such that a claim would also survive on this basis.
And the court held the same about the Fourth Amendment claim:
[This claim] is based solely on the Fourth Amendment, not the First Amendment and thus, the above-described exceptions do not apply. And claims for false arrest and false imprisonment fail when there is probable cause to support the arrest.
Rideout alleges that Defendants "omitted crucial, known details of the protest, including that Plaintiff had sought to cooperate with officers on scene, had directed protesters out of the street himself on behalf of the police, and, crucially, obtained permission from officers on scene for more time to disperse protesters from the street." Rideout points out that a facially valid warrant is not always sufficient to merit summary judgment or dismissal in an action brought pursuant to 1983 when evidence exists that a defendant intentionally misled or intentionally omitted information at a probable cause hearing for an arrest or a search warrant provided that the misleading or omitted information is critical to the finding of probable cause. [Rideout] asserts that Defendant Vila left "exculpatory evidence" out of his police report when submitting his warrant request, namely that Rideout sought to cooperate and was granted more time to disperse the crowd by an officer and that Defendants knew this. Defendants contend that the court should reject Rideout's contention because the video of the protest shows that he did not obey police commands and, therefore, there is probable cause to support the arrest warrant.
A police officer has probable cause to arrest a suspect if the "facts and circumstances within the officer's knowledge that are sufficient to warrant a prudent person, or one of reasonable caution, in believing, in the circumstances shown, that the suspect has committed, is committing or is about to commit an offense." "Generally, probable cause exists when the police have 'reasonably trustworthy information . sufficient to warrant a prudent man in believing that the petitioner had committed or was committing an offense.'" Moreover, an officer is required to "consider the totality of the circumstances," and cannot look only at the evidence of guilt while ignoring all exculpatory evidence when assessing probable cause. "In general, the existence of probable cause in a 1983 action presents a jury question, unless there is only one reasonable determination possible."
Even considering the evidence offered by Defendants (which in the view of the court is not inconsistent with [Plaintiff's] allegations .), neither party offers any type of analysis regarding probable cause and whether the evidence that "Plaintiff had sought to cooperate with officers on scene, had directed protesters out of the street himself on behalf of the police, and, crucially, obtained permission from officers on scene for more to time to disperse protesters from the street" would alter the probable cause analysis. In these circumstances, viewing the evidence in the light most favorable to Rideout, and given that the video does not contradict [Rideout's claims], the court cannot say there is only one reasonable determination possible regarding probable cause, and thus the complaint has sufficiently alleged a lack of probable cause.
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First and Fourth Amendment Claims Over Arrest at Protest of Police ... - Reason
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Law enforcement violation of the fourth amendment – Daily Kos
Posted: at 7:39 pm
I am writing this to make you aware of a situation that has happened in our great state of Montana. As Montanans we pride ourselves on being independent and self-reliant. We like our space, our gun ownership, and our civil rights. Statewide, and Nationwide, there is an ongoing problem with how police respond to those experiencing a mental health crisis. As I am sure you are aware, Montana has one of the highest rates of suicide in the Nation. For all age groups, Montana has ranked in the top five for suicide rates in the nation, for the past thirty years. With these statistics, Montana is bound to have issues related to how police respond to citizens struggling with suicide. Which is exactly what happened to my family.
My son, Trevor, was shot and almost killed on September 27, 2021 by Anaconda police during a welfare check. He was in an emotional crisis when a phone call from an ex-girlfriend was made to 911 for a welfare check. Police showed up and tried to make contact for approximately 40 minutes, but were unable. They decided to violate the law and the fourth amendment of the constitution and enter his house without a warrant or probable cause. Exigent circumstances did not exist either. When officers are confronting a suicidal subject who isnt committing a serious crime and isnt an active threat to anyone other than themselves, the best response is for them not to engage and to withdraw from the situation. They did not do that in this situation, and instead escalated it. Upon entering, the chief of police can be heard on body-worn camera saying my sons name Hey, Trevor, its (chief of police says his name) come talk to me buddy. My son said in his statement to the State investigator, while laying in his hospital bed 3 days after fighting for his life, I just wanted to be left alone. I didnt think they could just come into someones house. When I knew they wouldnt leave and were in my house I went to go talk to them and boom! I got shot. I thought I was coming out to people who were there to help me, not AR-15 assault rifles! My son was in the closet of an upstairs playroom for his daughter that has a curtain for a door. It was 4/10 of a second between when the curtain moved and the shot was fired. The officer, as soon as he pulled the trigger, is heard on the body camera saying oh shit; I saw the fucking curtain move and let one fly. A gun was found on a basket by the closet, and the officer who shot him is heard saying on body camera, I dont know where that came from; he could have had it. I dont know. To cover their own asses they charged Trevor with assaulting the police officer. A former Anaconda police officer and friend told us that the officers did not follow what they had been taught at the police academy. They refused to admit to wrong doing.
The District Judge Dayton banned the use of the fourth amendment in defense. My son was convicted of assault on a police officer on December 8th 2022, when in reality they assaulted him in his own home while he was exercising his constitutional right to be safe in his home. He is a veteran, a wildland firefighter and a teacher. Our family has always been connected to the community and are productive members of society. We held important jobs in the community as well as participating in a variety of community programs. My son does not have a criminal record. Does anyone feel safe if cops can lie to cover their own asses? The officer who shot my son testified that he thought he saw a gun in Trevors left hand. Body camera footage proves that to be a lie. He did not say a single word about seeing a gun directly after the incident. The ex girlfriend who called 911 testified that Trevor threatened the cops in her phone conversation with him and that she heard what she thought was a gun shot. In her call to 911, she can be heard calmly saying she heard a pop. The noise she heard was Trevor throwing his phone against his metal kitchen cabinets because he was mad. The ex girlfriend said nothing about Trevor threatening the cops in her 911 call because he didnt. The CEO, Bill Everett, and county attorney, Ben Krakowka, allowed the police to cover up an accidental shooting, and even aided in the criminal act. The county attorney, Ben Krakowka, actually prosecuted my son. I believe they prosecuted Trevor because the cops wouldnt admit to wrong doing! I just cant believe the jury believed the lies and found him guilty as well. I am worried there was intimidation or jury tampering in this case. In addition there is corruption in our police department as well as our county government.
We need to take a stand against violations from our elected officials and police officers. This could have been your son or daughter. Right now we are not safe in our homes! If they really cared for my son and thought he might have hurt himself, why didnt they call EMS to the scene? Why did they wait 40 minutes outside the home if they thought he might need medical attention? They didnt call EMS until after he was shot by them. Under oath one captain said I dont have first aide. only CPR. Same captain said when asked why they didnt have an ambulance on scene, Oh, theyre just down the road. Dont our officers have to have basic skills? Especially if they think they can go into your homes to save someone when they dont even have the basic skills. Please help me get my story out and stop our elected officials from damaging my son and our community anymore! We would love to tell our story and save lives. As a mother and friend, Im asking for support to stop the abuse of laws and our constitutional rights as voters and tax payers by our elected officials. Call them and ask for justice!
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Law enforcement violation of the fourth amendment - Daily Kos
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D.C. Appeals Court weighs whether phone seizures from 2020 … – Washington Times
Posted: at 7:39 pm
The D.C. Circuit Court of Appeals heard arguments Thursday about the constitutionally permitted length of police seizures in a case brought by protesters whose phones have been confiscated indefinitely since their arrests in the 2020 Black Lives Matter demonstrations.
The protesters want their phones back, and the central question judges sought to hammer out was when a law enforcement seizure must end or become a violation of the Fourth Amendment.
The American Civil Liberties Unions D.C. chapter argued on behalf of a collection of protesters and freelance journalists that a seizure is still active, and thus must pass Fourth Amendment scrutiny, because the Metropolitan Police Department remains in possession of the phones.
Further, the ACLU argued, because the U.S. Attorneys Office in the District either has settled or never brought criminal charges against the 40-plus people arrested, there is no investigative purpose for MPD to keep the phones.
However, the D.C.s Office of the Attorney General argued that the seizure itself was legitimate and the question of when a lawfully seized item must be returned to its owner is beyond the scope of the Fourth Amendments guarantees against unreasonable searches and seizures.
Appellate judges expressed some understanding of the ACLUs position, saying the seizure could still reasonably be construed as ongoing.
It may have been OK initially, but youre still holding this many months later for no reason, Senior Circuit Judge Harry Edwards said to OAG attorney Marcella Coburn.
Judge Edwards added that the governments seizure and continued possession of the phones sounded like a Fourth Amendment problem.
Ms. Coburn countered by saying the manner in which the phones were first seized when the protesters were accused of felony rioting in 2020 was justified, as a district court judge agreed.
In an opinion issued last August, the U.S. District Court said case law cited by the ACLU to argue Fourth Amendment violations related to how police performed searches and seizures on those who hadnt been accused of a crime.
But in this case, the protesters had their phones taken when arrested, meaning the case law they were citing didnt apply.
As discussed, every Circuit has held that the Fourth Amendment does not protect against the prolonged retention of lawfully seized property, Judge Amit Priyavadan Mehta wrote in his opinion at the time. Plaintiffs have not cited a single case that says otherwise.
Appeals Court Judge Gregory Katsas on Thursday asked Ms. Coburn whether the government has an obligation to return the property it seizes from people who are arrested but not criminally charged.
Ms. Coburn agreed, but said it was applicable under Rule 41(g) of the Federal Rules of Criminal Procedure, not the Fourth Amendment grounds the plaintiffs were arguing.
She argued further that the ACLUs position, if backed by the court, could elevate every unreasonable refusal to return property after a lawful seizure into a Fourth Amendment violation.
Judges were unsure whether Rule 41(g) which stipulates that [a] person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the propertys return would apply to the civil case brought by the ACLU.
ACLU attorney Michael Perloff agreed that some of the plaintiffs were confused about how to go about that process since they didnt have criminal cases brought against them.
Mr. Perloff said the Fourth Amendment doesnt prevent the government from holding onto property for a few hours or even days to secure a search warrant, but it does prevent law enforcement officials from keeping property as long as they please.
It has been more than three years since some of the plaintiffs were arrested in August 2020.
The plaintiffs attorney argued that the Supreme Court has said in United States v. Place that taking someones property and not telling the person how to get it back infringes on their liberty regardless of the context in which it occurs.
While the named plaintiffs did get their phones after months of seizure, the Metropolitan Police Department has still not given us any information indicating that it returned the phones to the rest of the protestors, Mr. Perloff told The Washington Times in a statement.
This is concerning because, given the pending litigation, we would think MPD would have provided us with information to that effect if the phones had been returned, he said.
The court did not announce when it would release its decision in the case.
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