Federal Judges Deliver A Pair Of Small 2nd Amendment Victories

Two federal judges in different states have issued rulings this week striking down local and state restrictions on access to firearms, garnering a pair of small but significant victories for 2nd Amendment rights.

In California last Friday, federal judge Anthony W. Ishiji struck down the state’s 10-day waiting period law for firearms purchases, ruling the law is unconstitutional. Two California gun owners, along with the Calguns Foundation, filed a suit challenging the law.

According to the Calguns Foundation, Ishiji said in his decision the waiting period “‘violate[s] the Second Amendment’ as applied to members of certain classifications, like [plaintiffs] Silvester and Combs, and ‘burdens the Second Amendment rights of the Plaintiffs.’”

More from Calguns:

Under the court order, the California Department of Justice (DOJ) must change its systems to accommodate the unobstructed release of guns to gun buyers who pass a background check and possess a California license to carry a handgun, or who hold a “Certificate of Eligibility” issued by the DOJ and already possess at least one firearm known to the state.

In Louisiana on Monday, another federal judge overturned a local gun ordinance in Baton Rouge that prohibited gun owners from keeping their firearms inside their cars while on the property of a business that sells alcohol. 

Federal judge Brian Jackson pointed out the inherent absurdity of such a requirement, according to the Baton Rouge Advocate:

“[A]ny law-abiding citizen who exercises his or her right to keep or bear arms within the confines of his or her personal vehicle will violate [ordinance] 13:95.3 anytime he or she, for example, stops to refuel a vehicle at a service station that sells alcohol, or stops to purchase groceries at a grocery store that sells alcohol,” the judge wrote.

“Similarly, the ordinance prohibits law-abiding citizens from purchasing and possessing firearms at any establishment that sells alcohol, thereby rendering the sale of firearms at establishments like Wal-Mart a criminal act,” he said.

Jackson also issued an injunction permanently forbidding East Baton Rouge Parish, including Baton Rouge, from enforcing the ordinance. 

The case stems from a legal challenge brought by Baton Rouge resident Ernest Taylor, who was stopped in 2012 for allegedly failing to turn on his headlights after leaving a bar. Police found three rifles in his vehicle and arrested him under the now-enjoined ordinance. 

“Taylor, who had no prior felony convictions, alleged the ordinance conflicts with a 2008 Louisiana law that permits firearms in locked vehicles in ‘any parking lot, parking garage or other designated parking area,’” The Advocate noted.

Jackson agreed, setting an October hearing to determine the amount of damages the parish and city may have to pay Taylor. Taylor got his confiscated guns back in June.

IRS Admits It Destroyed Lois Lerner’s Blackberry After Congress Began Investigating Scandal

When the IRS met Judge Emmet G. Sullivan’s deadline last Friday to produce sworn documents explaining a variety of things about how and why Lois Lerner’s emails went missing, it dropped a couple of bombs for anyone who’s been following the ever-simmering IRS scandal.

The IRS admitted that it had destroyed Lerner’s mobile Blackberry device months after it learned that member of Congress were looking into allegations of political discrimination against conservative groups during Barack Obama’s reelection campaign.

The agency’s designated oath-taker for this testimony, IRS tech officer Stephen Manning, told the court the IRS had wiped the data from Lerner’s Blackberry — issued to her in November 2009 — in June 2012 and had issued her a fresh one in February 2012.

The New York Observer’s Sidney Powell (a former DOJ attorney for 10 years) put this in context:

We all know by now that Lois Lerner’s hard drive crashed in June 2011 and was destroyed by IRS. The emails of up to twenty other related IRS officials were missing in remarkably similar “crashes,” leading many to speculate that Lois Lerner’s Blackberry perhaps held the key. Now, the Observer can confirm that a year after the infamous hard drive crash, the IRS destroyed Ms. Lerner’s Blackberry — and without making any effort to retain the emails from it.

Judge Sullivan has had to pry information from the IRS to learn anything about Ms. Lerner’s Blackberry. Now, with these latest revelations, I’m confident he’s not finished.

In two elusive and nebulous sworn declarations, we can glean that Ms. Lerner had two Blackberries. One was issued to her on November 12, 2009. According to a sworn declaration, this is the Blackberry that contained all the emails (both sent and received) that would have been in her “Outlook” and drafts that never were sent from her Blackberry during the relevant time.

With incredible disregard for the law and the Congressional inquiry, the IRS admits that this Blackberry “was removed or wiped clean of any sensitive or proprietary information and removed as scrap for disposal in June 2012.” This is a year after her hard drive “crash” and months after the Congressional inquiry began.

…Lerner was issued another Blackberry for Valentine’s Day 2012 — also after she came under fire for her targeting of conservative groups. The IRS still has that Blackberry. It’s now in the possession of the Inspector General of the Treasury, but the new device would not have the data from the prior three years. That was most likely the point of getting the new device.

The Blackberry news came on the same day that a lawyer from the Department of Justice representing the IRS admitted to Judicial Watch — the plaintiff in a lawsuit against the IRS over its alleged discrimination — that the federal government backs up everything, everything, everything in case of a cataclysmic event, and that includes Lois Lerner’s emails.

So they do exist after all; apparently, they always have.

But, the DOJ lawyer argued, it would be too tough to retrieve those emails from the boundless trove of government data (kinda obviates the act of backing the data up in the first place, doesn’t it?)

Here’s how Judicial Watch responded to that on Monday:

Department of Justice attorneys for the Internal Revenue Service told Judicial Watch on Friday that Lois Lerner’s emails, indeed all government computer records, are backed up by the federal government in case of a government-wide catastrophe.  The Obama administration attorneys said that this back-up system would be too onerous to search.  The DOJ attorneys also acknowledged that the Treasury Inspector General for Tax Administration (TIGTA) is investigating this back-up system.

We obviously disagree that disclosing the emails as required would be onerous, and plan to raise this new development with Judge Sullivan.

This is a jaw-dropping revelation.  The Obama administration had been lying to the American people about Lois Lerner’s missing emails. There are no “missing” Lois Lerner emails – nor missing emails of any of the other top IRS or other government officials whose emails seem to be disappearing at increasingly alarming rate. All the focus on missing hard drives has been a diversion. The Obama administration has known all along where the email records could be — but dishonestly withheld this information. You can bet we are going to ask the court for immediate assistance in cutting through this massive obstruction of justice.

Free Military Gear To Cops Has Resulted In 184 Local Police Departments ‘Losing’ Guns, Humvees

When the federal government places leftover military weapons, MRAPs, Humvees, fire trucks and even ready-to-eat meals and sleeping bags in the hands of local fire and police forces, it’s at least trusting that those agencies will hang onto them — even if they’re used to restrain and repress civilians.

But even that is too much to ask for dozens upon dozens of local departments. Since the federal 1033 program was implemented almost 25 years ago, the feds have suspended nearly 200 local agencies from participating because they “lost” some of the equipment they received or violated other terms tied to receiving the free stuff.

From Fusion TV (a Disney/Univision-owned network) Monday:

Fusion has learned that 184 state and local police departments have been suspended from the Pentagon’s “1033 program” for missing weapons or failure to comply with other guidelines. We uncovered a pattern of missing M14 and M16 assault rifles across the country, as well as instances of missing .45-caliber pistols, shotguns and 2 cases of missing Humvee vehicles.

… More troubling yet is the possibility that some of the missing weapons, which were given to local police departments as part of a decades’ old government program to equip cops for the wars on terrorism and drugs, are actually being sold on the black market, Lynch said.

… Since the program began in 1990, more than $4.3 billion in equipment and weapons has been transferred to more than 8,000 participating police departments, according to the Pentagon.

Three bad outcomes for the price of none: militarizing the local police; the local police “losing” guns that end up for sale elsewhere; and controlling local agencies by dangling yet another rotten carrot that the local police can’t nibble — unless they comply with all the federal guidelines (because we don’t have enough of that.)

The story goes on to list specific instances of the cops misplacing automatic weapons, handguns and pistols in California, Mississippi, Arkansas, Arizona and Georgia.

As one commenter pointed out, the government holds itself to a much lower standard of accountability than that to which it holds the governed: “when it come[s] to weapons there is no normal for lost or missing. The acceptable number for unaccounted weapons is 0. Just ask any FFL [Federal Firearms License holder] when the BATF comes around to check. Certainly we can expect the police to meet the same standards as the private sector.”

Read the rest of Fusion’s in-depth piece here.

Paperwork May Delay Tax Returns For Patients Covered Under Obamacare

Obamacare customers will have to fill out additional paperwork next year in order to verify their eligibility for tax credits under the Affordable Care Act. Tax preparers acquainting themselves for the changes say that, given Obamacare’s track record of delays and glitches, it’s difficult to imagine the added layer of bureaucracy won’t delay many of those patients’ tax returns.

The verification document, the federal 1095A form, is supposed to be in the hands of every eligible tax filer by Jan. 31, 2015. Anyone who purchased health insurance through a government-funded exchange must file the form. But according to The Washington Times, tax professionals already foresee delays, not only with the January deadline, but for everything that follows afterward.

“It really strains credulity to think 1095A is not going to be a big problem,” Jackson Hewitt vice president for health programs George Brandes told The Times.

One major concern is the deadline itself: Many people receive their federal W-2 form much earlier than Jan. 31. Many of those same people simply aren’t yet aware of just how pervasively Obamacare’s financial stipulations will reach into other aspects of their financial lives and, therefore, may prepare and file their taxes before the 1095A form ever hits their door.

One tax professional interviewed for the Times piece said it’s “absolutely critical” that patients covered under Obamacare have the 1095A form before filing their taxes, but even then, it’s not clear that many will know what the form is for.

Also:

The IRS has released drafts of the forms taxpayers will see next year, but stakeholders are still waiting on instructions that explain how to calculate subsidy amounts to see if they correctly match up with a person’s income.

So even if the forms do arrive on time and customers do know exactly what they’re for, they may still have a hard time figuring out the precise numbers they must share with the IRS (under penalty of perjury, no less).

In related Obamacare news last week, the Federal Reserve Bank of Philadelphia released its August business outlook survey, which revealed that businesses are dramatically altering their hiring patterns in order to avoid Obamacare’s coverage mandates for full-time employees.

tax graphic

“In special questions this month, firms were asked qualitative questions about the effects of the Affordable Care Act (ACA) and how, if at all, they are making changes to their employment and compensation, including benefits,” the survey summary stated.

“Over 18 percent of the firms indicated that the number of workers was lower because of the ACA; 3 percent indicated higher levels. The same percentage (18 percent) indicated that the proportion of part-time workers had increased.”

Note from the Editor: As you’ve just read, the Obamacare abomination doesn’t bode well for anyone. But if you know how to navigate the system you can still control your own healthcare—as every American should! My trusted friend and medical insider, Dr. Michael Cutler, and I have written a concise guide to help you do just that. I urge you… Click here for your free copy.

Fed Up With Media Circus, One Reporter Explains Why He Walked Away From Ferguson

Freelance journalist Ryan L. Schlosser went to Ferguson, Missouri to report on the rioting that followed the controversial police shooting of Michael Brown, an unarmed black man, on August 9.

He came away disgusted with the way the story was being reported, and the callous, self-serving manner in which national and international news outlets insinuated themselves, and their apparent agendas, into the much smaller local narrative – all while demonstrating a fundamental disregard for Ferguson residents while they were guests in their city.

“After what I saw last night, I will not be returning,” wrote Schlosser, who went to Ferguson to report on the riots in collaboration with Al Jazeera America. “The behavior and number of journalists there is so appalling, that I cannot in good conscience continue to be a part of the spectacle.”

Does he give examples? Of course he does:

  • Cameramen yelling at residents in public meetings for standing in way of their cameras
  • Cameramen yelling at community leaders for stepping away from podium microphones to better talk to residents
  • TV crews making small talk and laughing at the spot where Mike Brown was killed, as residents prayed, mourned
  • A TV crew of a to-be-left-unnamed major cable network taking pieces out of a Ferguson business retaining wall to weigh down their tent
  • Another major TV network renting out a gated parking lot for their one camera, not letting people in. Safely reporting the news on the other side of a tall fence.
  • Journalists making the story about them
  • National news correspondents glossing over the context and depth of this story, focusing instead on the sexy images of tear gas, rubber bullets, etc.
  • One reporter who, last night, said he came to Ferguson as a “networking opportunity.” He later asked me to take a picture of him with Anderson Cooper.

Schlosser also observed the selective pre-editing of story ideas, in which news outlets took the lay of the land and quickly settled on reporting only on the most sensational events. If anything good was going on as a result of the community’s coming together over the Brown shooting, the mainstream media wanted no part of it.

“One anecdote that stands out: as the TV cameras were doing their live shots in front of the one burnt-out building in the three-block stretch of ‘Ground Zero,’ around the corner was a community food/goods drive,” he blogged. “I heard one resident say: ‘Where are the cameras? I’m going to go see if I can find some people to film this.’”

Read Schlosser’s full post here.

IRS Answers Due Today In Lawsuit Over Missing Lerner Emails

The Internal Revenue Service is expected to present sworn testimony today to a federal judge who cracked down on the agency after it offered dismissive responses to a previous discovery order aimed at explaining how Lois Lerner’s infamous “lost” emails went missing.

The new order, issued last week by U.S. District Court Judge Emmett G. Sullivan in a lawsuit brought against the agency by Judicial Watch, left nothing to the imagination after the IRS’s previous attempt at satisfying a broader order by Sullivan went largely unheeded.

Sullivan gave the agency until Aug. 22 to come up with under-oath answers to a host of new demands:

In light of the [previous] Declarations filed by the IRS, the IRS is hereby ORDERED to file a sworn Declaration, by an official with the authority to speak under oath for the Agency, by no later than August 22, 2014. In this Declaration, the IRS must: (1) provide information about its efforts, if any, to recover missing Lois Lerner emails from alternate sources (i.e., Blackberry, iPhone, iPad); (2) provide additional information explaining the IRS’s policy of tracking inventory through use of bar code property tags, including whether component parts, such as hard drives, receive a bar code tag when serviced. If individual components do not receive a bar code tag, provide information on how the IRS tracks component parts, such as hard drives, when being serviced; (3) provide information about the IRS’s policy to degauss hard drives, including whether the IRS records whose hard drive is degaussed, either by tracking the employee’s name or the particular machine with which the hard drive was associated; and (4) provide information about the outside vendor who can verify the IRS’s destruction policies concerning hard drives. Signed by Judge Emmett G. Sullivan on August 14, 2014.

Judicial Watch hailed the order as tantamount to the launch of an “independent inquiry” into the alleged loss of Lerner’s email data — something for which conservative groups and alternative media had been clamoring for several months.

“In an extraordinary step, U. S. District Court Judge Emmett Sullivan has launched an independent inquiry into the issue of the missing emails associated with former IRS official Lois Lerner,” Judicial Watch Tom Fitton said in a statement on Aug. 14.

“Previously, Judge Sullivan ordered the IRS to produce sworn declarations about the IRS email issue by August 11. Today’s order confirms Judicial Watch’s read of this week’s IRS filings that treated as a joke Judge Sullivan’s order.”

While Fitton’s statement might be prematurely jubilant, Judicial Watch’s lawsuit against the IRS is faring better than a similar one filed by Texas-based conservative group True the Vote. Earlier this month, federal judge Reggie Walton denied True the Vote’s request for an independent forensic audit of IRS computers connected with Lerner’s emails, saying it would only duplicate the investigative efforts of the government’s Treasury Inspector General for Tax Administration.

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Democrats Fear Obamacare Just Like Everybody Else

There’s some party-line disparity to be found in the results of a new breakdown of U.S. employees’ perceptions of how Obamacare will affect their jobs, but not much. Even Democrats with jobs appear nonplussed by the prospect of their bosses abandoning their group health coverage plans in favor of online Obamacare exchanges — as well as the poorer-quality coverage that would accompany it.

A May report by S&P Capital IQ predicted that Obamacare — contrary to its stated purpose of making healthcare affordable for individuals — would actually save companies listed on the Standard & Poor’s 500 index a ton of money (nearly a trillion dollars’ worth).

How? By driving the cost of employer-sponsored group plans so high that the companies would ultimately just scrap their in-house coverage and pay the (eventually) mandatory penalty. The employees, meanwhile, would fend for themselves on the Obamacare exchanges.

This week, a new round of analyses revealed that employees through the U.S. are beginning to realize what that means for them — and that, in most cases, it isn’t good.

The Hill reported it this way, but the writer buried the lede:

Most workers are worried their employers will shift them over to health plans under the ObamaCare exchanges leading to worse coverage, but the concern is highest with Republicans.

A new analysis by Morning Consult found that 72 percent of Republicans are concerned they will be pushed to a health plan under the new exchanges versus 60 percent of Democrats and 53 percent of independents who feel the same.

The news there isn’t that more Republicans are fretting about this — of course they are, because they’ve been ideologically opposed to Obamacare from the start. What’s amazing is that working Democrats, who’ve ideologically favored Obamacare throughout its gestation, are now facing the law’s reality. It’s the reality they have a problem with.

In addition to the findings quoted above, the report indicates only 27 percent of Democrats believe dumping employees onto Obamacare exchanges would “have a positive effect on their current healthcare coverage.” And 42 percent of Democrats (compared with 62 percent of Republicans and 52 percent of independents) also said they’d consider looking for another job if their employer attempted such a move.

And, of course, all of this is still up in the air, thanks to dueling rulings in two similar court cases last month. Those conflicting decisions have left unresolved the matter of whether the government can force eligible (read: medium and large-scale) employers in the 36 states without state-run Obamacare exchanges to pay a penalty for not offering insurance to their employees.

Note from the Editor:As you’ve just read, the Obamacare abomination doesn’t bode well for anyone. But if you know how to navigate the system you can still control your own healthcare—as every American should! My trusted friend and medical insider, Dr. Michael Cutler, and I have written a concise guide to help you do just that. I urge you… Click here for your free copy.

Not So Fast And Furious: Judge Orders DOJ To Hand Over List Of Withheld Gunrunning Documents

Attorney General Eric Holder may have gone about his business with a Congressional contempt charge hanging over his head for the past two years, but the gunrunning scandal that got him that way hasn’t disappeared.

On Wednesday, a federal judge ordered Holder’s Department of Justice to hand over to Congressional investigators a list of the documents it has attempted to keep secret since 2012, when Holder citied an innovative interpretation of executive privilege.

U.S. District Judge Amy Berman Jackson gave the DOJ until October 1 to deliver the list to the House Oversight and Government Reform Committee. The order does not compel DOJ to surrender the documents themselves, but Jackson had indicated during a May hearing that she would force Holder to convince her, one document at a time, that the information should be protected by executive privilege.

The House Oversight Committee subpoenaed more than 1,000 pages of documents relating to the so-called gun-walking scandal in late 2011. Holder resisted, leading to the contempt charge on a 255-67 House vote that included 17 Democratic votes in favor of contempt.

The Fast and Furious scandal erupted when two firearms connected with the DOJ’s gun-walking practice were discovered at the scene where border patrol agent Brian Terry was murdered in a firefight with alleged illegal immigrants in late 2010.

“Gun walking” describes the Bureau of Alcohol, Tobacco, Firearms and Explosives’ practice of tracking the transfer of firearms through the hands of suspected drug traffickers, instead of intercepting the weapons – even though the agency had cause to suspect they were intended for use in the commission of crimes at the behest of Mexican drug cartel leaders.

GAO Report: Department Of Defense Violated The Law In Bergdahl-Guantanamo Prisoner Swap

The U.S. Government Accountability Office has found that the Department of Defense violated the law when it carried out the Obama Administration’s arranged swap of five Taliban detainees at Guantanamo Bay for the freedom of Sgt. Bowe Bergdahl.

In a ruling released today, GAO General Counsel Susan A. Poling confirmed that the DoD unlawfully spent nearly $1 million in funds to make the swap, because the appropriations measure that funds the department specifically requires at least 30 days’ notice to relevant Congressional committees before appropriated money can be used to transfer Guantanamo prisoners.

From today’s decision, addressed to Republican members of the Senate Appropriations Committee:

At issue in this opinion is whether DOD violated section 8111 of the Department of Defense Appropriations Act, 2014, for failing to provide at least 30 days of advance notice to specific congressional committees, and if so, whether DOD also violated the Antideficiency Act.

…In our view, the meaning of section 8111 of the Department of Defense Appropriations Act, 2014, is clear and unambiguous. Section 8111 prohibits the use of “funds appropriated or otherwise made available” in the Department of Defense Appropriations Act, 2014, to transfer any individual detained at Guantanamo Bay to the custody or control of a foreign entity “except in accordance with section 1035 of the [FY 2014 NDAA].” Pub. L. No. 113‑76, § 8011. Section 1035 of the FY 2014 NDAA, in turn, requires the Secretary of Defense to notify certain congressional committees at least 30 days in advance of such a transfer, among other things. Pub. L. No. 113‑66, § 1035. Because DOD did not provide written notice to the relevant congressional committees until May 31, 2014, the same day as the transfer, DOD violated section 8111.

…Our opinion in this matter rests upon the Secretary of Defense’s responsibility to comply with a notification condition on the availability of appropriations to transfer individuals from Guantanamo Bay. This opinion does not address the Secretary’s decision to transfer the five individuals in this case as part of DOD’s efforts to secure the release of an American soldier. However, when DOD failed to notify specified congressional committees at least 30 days in advance of its transfer of Guantanamo Bay detainees to Qatar, DOD used appropriated funds in violation of section 8111. As a consequence of using its appropriations in a manner specifically prohibited by law, DOD violated the Antideficiency Act. See 31 U.S.C. § 1341(a). DOD should report its Antideficiency Act violation as required by law.

Though it’s a slog to get through all that, most of it is self-explanatory. Congress funded the DoD through the 2014 Department of Defense Appropriations Act, setting clear parameters on how the DoD could use the appropriated funds in the event of a prisoner transfer at Guantanamo.

At the Obama administration’s behest, the DoD did not follow those parameters — specifically, giving 30 days’ notice to the Congressional committees that originate and oversee appropriations legislation — when it secreted the forthcoming prisoner exchange from Congress until after the transfer was done.

Not only did that move violate the DoD Appropriations Act of 2014; it also violated the Antideficiency Act, a law that (perhaps redundantly) states that it’s illegal to spend money that isn’t (legally) there. “We have consistently concluded that the use of appropriated funds for prohibited purposes violates the Antideficiency Act, because zero funds are available for the purpose,” the GAO explains in a footnote.

We will update this story as the consequences (if there are any) for the DoD or other government personnel involved become clearer.

How Much (Or How Little) Will $100 Buy In Each Of The 50 States?

Everyone knows that location matters in determining the relative cost of equal goods. It’s amazing, though, just how great a disparity exists between the costliest and the cheapest locations in the U.S. when it comes to stretching (or squeezing) the value of a dollar for all it’s worth.

The Tax Foundation is out with a new infographic that compares the relative buying power of $100 in each of the 50 U.S. states, along with some focused commentary suggesting even bigger value discrepancies between localities and metro areas.

The intent of the graphic is to show “the real value of $100 in each state,” according to The Tax Foundation. As a rule (there are exceptions), states that shelter lower wages are typically the same states that afford residents more buying power for their $100. Conversely, goods and services in states that offer higher wages usually also cost more than in their lower-income counterparts.

JPriceParity2012

What that means, in most cases, is that lower income and lower costs in one state — or higher income and higher costs in another — tend to balance out. Residents of lower-income states who manage to command higher wages (through pensions, independent wealth, etc.), though, can enjoy both high income and low costs — a sweet financial proposition for those fortunate enough to earn high and pay low.

The most expensive place to spend $100 isn’t even a state; it’s Washington, D.C. There, $100 will only net you the same amount of product as $84.60 would at the national average. Hawaii, New York, New Jersey, and California round out the list of most expensive states using The Tax Foundation’s metric.

By Contrast, Mississippi — among the nation’s poorest states in terms of wage levels and public spending — will stretch your $100 farther than any other state. In Mississippi, what $100 will buy, on average, throughout the U.S. can actually buy much more: $115.74 worth of stuff. Unsurprisingly, the best dollar-stretching states happen to be in the Heartland and the Deep South: Mississippi, Arkansas, Missouri, Alabama and South Dakota round out the top five. 

The Dakotas — particularly North Dakota — present an interesting exception to The Tax Foundation’s low-wage; low-cost rule. “As it happens, states with high incomes tend to have high price levels. This is hardly surprising, as both high incomes and high prices can correlate with high levels of economic activity,” their report states. 

“However, this relationship isn’t strictly linear: for example, some states, like North Dakota, have high incomes without high prices. Adjusting for prices can substantially change our perceptions of which states are truly poor or rich.”

Viewed in terms of extremes, there’s a vast difference between the relative value of $100 in the nation’s costliest and least-costly states. “Regional price differences are strikingly large, and have serious policy implications,” the report asserts. “The same amount of dollars are worth almost 40 percent more in Mississippi than in DC, and the differences become even larger if metro area prices are considered instead of statewide averages. A person who makes $40,000 a year after tax in Kentucky would need to have after-tax earnings of $53,000 in Washington, DC just in order to have an equal standard of living, let alone feel richer.”

For an idea of how much greater the metro-level disparities are, see The Tax Foundation’s infographic, which it published in response to “a lot of requests – particularly from upstate New Yorkers.” 

That map generally follows the same high-wage, high-cost correlation observed at the state level, although rural areas provide perhaps the most interesting revelation of all:

It’s important to see that price differences do persist across states, even in non-metropolitan areas. $100 still doesn’t go nearly as far in rural California ($101.94) as it does in rural Texas ($113.64). It doesn’t even go as far as it does in San Antonio. ($106.50.) This suggests that policy – not just geography and urbanization – may play a role in these price differences.

A Struggle Within? Harry Reid, Democrats Increasingly Frustrated With Aloof Obama

As his second term matures (or festers, if you prefer), President Obama is leading the executive branch into closer alliances with lobbying interests and partisan donors. But he’s doing so at the expense of traditional political alliances, leaving his would-be Democratic allies in the legislative branch to fend for themselves when it comes to crafting policy and forging both intra-party and bipartisan political alliances.

Reportedly, Democratic Congressional leaders — especially Senate Majority Leader Harry Reid (D-Nev.) — aren’t happy about it.

From an August 18 story in The New York Times:

The meeting in the Oval Office in late June was called to give President Obama and the four top members of Congress a chance to discuss the unraveling situation in Iraq.

But Harry Reid, the Senate majority leader, wanted to press another point.

With Mitch McConnell, the Republican leader, sitting a few feet away, Mr. Reid complained that Senate Republicans were spitefully blocking the confirmation of dozens of Mr. Obama’s nominees to serve as ambassadors. He expected that the president would back him up and urge Mr. McConnell to relent.

Mr. Obama quickly dismissed the matter.

“You and Mitch work it out,” Mr. Obama said coolly, cutting off any discussion.

Mr. Reid seethed quietly for the rest of the meeting, according to four separate accounts provided by people who spoke with him about it. After his return to the Capitol that afternoon, Mr. Reid told other senators and his staff members that he was astonished by how disengaged the president seemed. After all, these were Mr. Obama’s own ambassadors who were being blocked by Mr. McConnell, and Secretary of State John Kerry had been arguing for months that getting them installed was an urgent necessity for the administration.

But the impression the president left with Mr. Reid was clear: Capitol Hill is not my problem.

…In interviews, nearly two dozen Democratic lawmakers and senior congressional aides suggested that Mr. Obama’s approach has left him with few loyalists to effectively manage the issues erupting abroad and at home and could imperil his efforts to leave a legacy in his final stretch in office.

This anecdote aligns with the remarks of House Democrats, who told The Hill last week that Obama is shunning them — and they don’t know why.

“It’s hard for us to fathom; I mean, is it just lack of full staffing and resources? [Is it] professional commitment? Is it a disdain for the legislative branch? I mean, what is it? People like me want to be allies — I mean, I am an ally. So work with us, reach out to us; you know, we’re not the enemy,” said Congressman Gerry Connolly (D-Va.).

“Not being consulted ahead of time — that just makes people crazy. Let us know ahead of time. Call us in when you’re developing something so we can give you our ground-level reality check about how this is going to work,” said Congressman Raúl Grijalva (D-Ariz.).

There’s another side to the problem, though — one that betrays a more calculating aspect to Obama’s shunning of Democratic Congressional leadership.

Obama surely knows he’s toxic to many Democratic incumbents seeking to retain their seats in the House and Senate this November. He’s even demonstrated a willingness to show face on behalf embattled Democrats — even when they dodge their own fundraisers to avoid being seen and photographed with the divisive president. He knows, in many Congressional races, he can only get so close to candidates in their own districts without poisoning their efforts.

If Obama’s a political albatross hanging around his own party’s neck, it makes little sense for him to keep fighting counterproductive battles in legislative districts where Democrats want nothing to do with him. But he can (and does) fundraise on his own, and he can (and does) forge alliances with lobbying interests ostensibly outside of government — alliances that ultimately could prove more effective (for Democrats) than any relationships he might be able to mend in the 113th Congress.

Islamic State Has More British Muslim Fighters Than Britain Does; U.S. Claims Only A ‘Handful’ Of Americans Have Joined

Whether true or not, U.S. intelligence officials will only divulge to media that they believe a “small handful” of Americans are currently fighting as soldiers within the Islamic State.

But one British parliamentarian believes that the terrorist “caliphate” now boasts more British Muslim recruits than are currently enlisted to fight in Britain’s own armed forces.

Member of Parliament Khalid Mahmood of Birmingham UK told Newsweek on Wednesday that Sunni extremists have successfully recruited 1,500 or more British Muslims to fight in Iraq and Syria over the last three years – at least.

“If you look across the whole of the country [of Syria], and the various communities involved, 500 going over each year would be a conservative estimate,” Mahmood said, referencing the recruitment of fighters dating from the outset of the conflict in Syria.

Here’s more from Newsweek:

The UK Foreign Office said that they believe over 400 individuals have travelled to Syria since the uprising began, but said that they could not give exact numbers.

However Mahmood described such low estimates as “nonsense” and said that the British government was failing to deal with the problem of home-grown extremists. “We’ve not concentrated on the prevention work, we haven’t invested enough in de-radicalisation. It’s tragic, somebody’s got to wake up to it.”

The role of British jihadists fighting in the Middle East has been brought into sharp focus after Islamic State released a video showing the apparent beheading of US journalist James Foley by a masked jihadist who spoke with a British accent.

American officials confirmed Wednesday that it was indeed Foley whom the terrorist murdered before the camera.

Also on Wednesday, NBC News said U.S. officials do not believe Americans have been persuaded to join the Islamist extremists in numbers approaching those Mahmood believes have been recruited out of Britain.

“The officials, who spoke with NBC News on condition of anonymity on Wednesday, say they base that opinion on analysis and a string of recent arrests and investigations of U.S. citizens who have sought to join the group that is simultaneously fighting government forces in both Iraq and Syria,” the network reported.

Yet, at least in terms of what’s been made public, no solid information can confirm the assumptions of American intelligence when it comes to the Islamic State’s success in bringing in fighters into Iraq and Syria from the U.S. “The [same U.S.] official emphasized that the U.S. has no specific intelligence identifying any Americans as having fought with ISIS.”

That report also observed that even FBI Director James Comey has recently confessed that it’s impossible for U.S. intelligence to get a solid read on how many Americans in general – not just jihadists – have traveled to Syria. “When I give you the number of more than 100, I can’t tell you with high confidence that’s a 100 of 200, that’s a 100 of 500, that’s a 100 of a 1,000 or more, because it’s so hard to track,” he said.

NYPD Settles With Man Arrested For Photographing Police; Reminds Officers They Cannot Object To Being Filmed

The New York Police Department has awarded a $125,000 settlement to a man who filed a civil rights lawsuit against the department, following a 2012 incident in which he was allegedly arrested and strip searched for filming police officers on duty.

Brooklyn resident Dick George agreed to the settlement, only a few days after the department took new measures to refresh officers’ memories about the public’s right to document their activities.

In June of 2012, George allegedly began taking cell phone pictures after observing NYPD officers conduct a controversial, warrantless stop-and-frisk search of three young men in the Flatbush neighborhood of Brooklyn. He allegedly told the subjects of the search to get the officers’ badge numbers, which led to a face-to-face encounter in which one of the cops reportedly said this:

Now we’re going to give you what you deserve for meddling in our business and when we finish with you, you can sue the city for $5 million and get rich, we don’t care.

After being charged with disorderly conduct, George was released that same day. But the lawsuit alleged that, “prior to releasing Plaintiff [George] from the defendant’s [NYPD] custody, the defendant officers purposely deleted all photographic, audio and video recordings from Plaintiff’s cellular telephone in order to destroy and cover up evidence of their unlawful activities depicted therein.”

According to The New York Daily News, the NYPD circulated a department-wide memo last month “reminding the entire force of the public’s right to record their activities on the street.” That memo came in the wake of a highly-publicized video depicting NYPD officers subduing an asthmatic Staten Island man, whose subsequent death a medical examiner attributed to neck compression from a police chokehold, as well as to chest compression from being restrained on the ground.

Republicans Actually Gaining Ground In House Race

As Michelle Obama goads party donors with hopes that Democrats can retake a majority in the House of Representatives this fall, people who get paid to forecast election outcomes just aren’t seeing it.

Political blog Roll Call’s Stu Rothenberg came out with a number of adjustments Monday to The Rothenberg Political Report — a much-followed analysis that attempts to predict how federal and significant state elections will pan out.

All of his adjustments lean toward House Republicans. From the report:

We’re changing The Rothenberg Political Report/Roll Call ratings in a half dozen House races, all in favor of Republican candidates:

  • California’s 21st District: The race between Republican Rep. David Valadao and Democrat Amanda Renteria moves from Tossup/Tilts Republican to Leans Republican.
  • California’s 26th District: The race between Democratic Rep. Julia Brownley and Republican Jeff Gorell moves from Democrat Favored to Leans Democratic.
  • Illinois’s 12th District: The race between Democratic Rep. Bill Enyart and Republican Mike Bost moves from Leans Democratic to Tossup/Tilts Democratic.
  • Illinois’s 13th District: The race between Republican Rep. Rodney Davis and Democrat Ann Callis moves from Tossup/Tilts Republican to Leans Republican.
  • Michigan’s 8th District: The race between Republican Mike Bishop and Democrat Eric Schertzing moves from Leans Republican to Republican Favored.
  • Texas’s 23rd District: The race between Democratic Rep. Pete Gallego and Republican Will Hurd moves from Democrat Favored to Leans Democratic.

Those changes reinforce other media outlets’ recent prognostications. USA Today last week released a report bluntly titled “Why Democrats can’t win back the House,” blaming the Democrats’ lost cause on everything from GOP-led redistricting to voter apathy. The paper did mention Obama’s toxic influence, saying that “there is no wave [that favors Democrats] on the horizon, largely because of the president’s unpopularity.”

“Democrats believe, as competitive races become more engaged and the party exercises some of its financial advantage to get its message out, that some contests will turn in their favor,” Roll Call’s Nathan L. Gonzales wrote Monday. “That scenario is possible, but in many cases Democratic challenges aren’t developing as quickly as expected and some Democratic incumbents are struggling to gain their footing.

“Candidates, party committees, and outside groups are polling dozens of House races as they formalize their fall ad strategies,” he continued at the Rothenberg website. “And increasingly the news ranges from good to great for Republicans, and very few competitive races trending toward Democrats.”

That leaves the GOP to focus its real effort not on holding onto its lead in the House, but instead on retaking the Senate.

Everybody Wins! Participation Trophies Linked With Political Persuasion

More than half of Americans believe kids should get trophies only for competitive activities in which they’ve placed or won. But nearly half also think trophies should go to any kid who simply shows up, regardless of whether they excel or fail.

A Reason/Rupe poll conducted earlier this month covered a broad range of topics, but the trophy findings were interesting enough for Reason to devote a standalone article to that portion of the survey. Forty percent of those questioned said every child who participates in an event are deserving of a trophy, while 57 percent responded that trophies should only go to the winners.

Not surprisingly, the “everyone’s a winner” sympathy is stronger among people who identify as Democrats. Emily Ekins, director of polling for the Reason Foundation, broke down that relationship:

The desire for “every kid to get a trophy” strongly correlates with political beliefs. Fully 66 percent of Republicans want only the kids who win to receive trophies, while 31 percent say all kids on the team should receive them. In contrast, Democrats are evenly divided with 48 percent who say all kids, and another 48 percent who say only the winners should receive a trophy.

Breaking it down further, the survey found that independent voters who lean Republican had the highest level of support — 69 percent — for rewarding only those who excel. In fact, a majority from all groups (except for Democrats and their fitting 48-48 percent tie) from across the political spectrum believe only winners should get trophies.

It doesn’t stop at simple party affiliation, though. People who revealed they hold conservative values on certain topics were more apt to favor rewarding only the winners than people who said they hold more liberal views.

“Among those who only think winners should get a trophy, 64 percent have a favorable view of capitalism, 64 percent thinks markets better solve problems than government, and 63 percent favor smaller government providing fewer services,” reported Reason. “In contrast, among those who think all kids should get a trophy, a plurality (49%) have an unfavorable view of capitalism, 50 percent thinks a strong government better solves problems than the free market, and 54 percent favor larger government providing more services.”

In addition, those who have achieved a higher level of education and/or income were more likely to oppose rewarding mere participation. “For instance, a majority (55%) of those making less than $30,000 a year want all kids to get trophies and 42 percent want only the winning players to receive them,” the reports states. “In contrast, among those making $90,000 a year or more, 72 percent want only the winner to receive trophies, while 26 percent favor participation trophies.”

Progressives Everywhere (Except Texas Democrats) Think Rick Perry’s Indictment Is A Joke

It might be a handy Republican icebreaker to joke that a Democrat couldn’t get arrested in Texas these days — except that one did. Now Texas Democrats are trying to weaponize last year’s DWI arrest of a high-profile party official, flying the public disgrace of Travis County district attorney Rosemary Lehmberg, kamikaze-style, right into Republican Gov. Rick Perry’s presidential campaign.

Aside from Texas Democrats and, perhaps, Eric Holder, just about every liberal in the country is mocking last Friday’s indictment of Perry on two felony charges of abusing his power.

The Texas governor stands accused of following through on his threat to veto funding to the Public Integrity Unit of the Travis County district attorney’s office — a veto he carried out because Lehmberg, having lost a significant measure of public confidence herself, refused to resign as district attorney and leave the office vacant for a Perry-appointed replacement.

The Travis County Public Integrity unit has jurisdiction over Austin, giving it special significance for its oversight powers in the capital city. It also has statewide investigative powers not shared by other county-level Public Integrity Units (such as the one for Dallas County). The Austin Chronicle’s Jordan Smith explained this in an Aug. 6 article:

In the wake of Lehmberg’s April drunk driving arrest and conviction, for which she was sentenced to 45 days in jail (she served 20), Perry vowed to veto $3.7 million per year in biennial funding for the PIU, which has statewide jurisdiction in certain kinds of fraud and corruption cases, unless Lehmberg resigned her post.

… The Travis County DA’s office has special statutory jurisdiction in insurance and motor fuel tax fraud cases. Because the seat of state government is here, the PIU also prosecutes other tax and financial crimes that may have elements that happen elsewhere because certain key aspects of the crime, like the filing of legal forms — think campaign finance, for example — happen in Austin, which is squarely within the D.A.’s regular jurisdiction, even if the fraudulent documents were filed by a candidate or officeholder from some other county. That said, Lehmberg told Commissioners, the kind of high-profile political corruption cases that the PIU is typically associated with — read, the prosecution of Tom DeLay — make up but a small percentage of what the PIU does.

“Politics” is the word. Republicans dominate state politics in Texas. Democrats long for the days of Ann Richards, but they have a bastion in the state capital: Austin, Texas’ most politically progressive major city and an electoral haven for Democrats.

Travis County is where all this went down. Lehmberg killed herself politically by choosing to put herself in a position to earn a DWI: a position that challenged law enforcement officers — all of whom certainly knew they were dealing with the district attorney — to test her and arrest her.

Short of getting physically violent, Lehmberg behaved about as badly during her arrest as a public official’s worst enemy ever could hope for: She tried to throw her weight around. She insinuated her crony ties could exonerate her, and that they could harm the careers of the officers handling her on the night of her arrest. She demanded special treatment, privileges that anyone — especially the district attorney — knows aren’t afforded detainees. She behaved like a petulant, spoiled, self-indulgent narcissist whose primary concern was for herself and her career — not for the safety or the liberties of the people of Travis County. She asked for, and swiftly received, the swift due process that eludes so many others stuck between arrest date and arraignment.

Oh, and she blew nearly three times the legal limit — a significant length of time after taking her last drink, getting stopped by police, failing a field sobriety test and being taken into custody.

Alcohol may be the answer to un-watching that. Here’s an interesting bit of conjectural sleuthing on Lehmberg’s alleged relationship with alcohol.

It’s very possible that Perry’s motives aren’t entirely pure when it comes to the long battle for control over the Travis County Public Integrity Unit.

“There is also a question about whether he had ulterior motives in defunding a public integrity unit that was investigating a cancer research fund that the Dallas Morning News called one of the governor’s ‘signature projects,’” The Washington Post offered Saturday. “They also note that some of those responsible for bringing the indictment have Republican connections.”

The Texas Tribune also observes that “[d]ismantling the [Travis County Public Integrity] unit is a perennial platform plank of the Texas Republican Party, and numerous members of the GOP … have criticized what they view as its politically motivated prosecutions.”

According to [former D.A. Ronnie] Earle, between 1978 and when he retired, in 2008, he prosecuted 19 elected officials, just five of whom were Republicans. Cathie Adams, the former Republican Party of Texas chair, filed an equal protection lawsuit over the issue in federal court last year. Her argument: Why should the voters of Travis County get to elect an official who has the power to prosecute offenses statewide? A frequently proposed solution — and one that state Sen. Dan Patrick, R-Houston, put forth unsuccessfully during the last legislative session — would be to put state corruption probes under the statewide-elected Attorney General.

Sounds like a plan. The squabble over control, funding and oversight of the Travis County Public Integrity Unit predates the Perry-Lehmberg face-off by many years, and Perry has seldom been criticized for emphasizing that Lehmberg lost the the public’s trust to continue directing its “integrity” office the moment she so richly earned that DWI.

And even Perry’s detractors outside of Texas think the indictment’s all kinds of politically motivated crazy.

In a posting titled “This Indictment Of Rick Perry Is Unbelievably Ridiculous,” liberal New York Magazine writer Jonathan Chait pointed out the stupidity of prosecuting the governor for threatening a veto:

They say a prosecutor could get a grand jury to indict a ham sandwich, and this always seemed like hyperbole, until Friday night a Texas grand jury announced an indictment of governor Rick Perry.

… The prosecutors claim that, while vetoing the bill may be an official action, threatening a veto is not. Of course the threat of the veto is an integral part of its function. The legislature can hardly negotiate with the governor if he won’t tell them in advance what he plans to veto. This is why, when you say the word “veto,” the next word that springs to mind is “threat.” That’s how vetoes work.

The theory behind the indictment is flexible enough that almost any kind of political conflict could be defined as a “misuse” of power or “coercion” of one’s opponents. To describe the indictment as “frivolous” gives it far more credence than it deserves. Perry may not be much smarter than a ham sandwich, but he is exactly as guilty as one.

ThinkProgress, which naturally will vilify any GOP presidential candidate, questioned the soundness of the indictment in the softest language it could conjure:

Though the state legislature probably could limit this veto power in extreme cases — if a state governor literally sold his veto to wealthy interest groups, for example, the legislature could almost certainly make that a crime — a law that cuts too deep into the governor’s veto power raises serious separation of powers concerns. Imagine that the legislature passed a law prohibiting Democratic governors from vetoing restrictions on abortion, or prohibiting Republican governors from vetoing funding for Planned Parenthood. Such laws would rework the balance of power between the executive and the legislature established by the state constitution, and they would almost certainly be unconstitutional.

Over the weekend, the liberal/progressive roll call of indictment doubters kept coming out of the woodwork.

Retired Harvard law professor Alan Dershowitz told Newsmax he’d never vote for a conservative like Perry, but was nevertheless “outraged” at the “un-American” indictment. “Everybody, liberal or conservative, should stand against this indictment. If you don’t like how Rick Perry uses his office, don’t vote for him,” Dershowitz said. “This is another example of the criminalization of party differences … and this has to stop once and for all.”

“Unless he was demonstrably trying to scrap the ethics unit for other than his stated reason, Perry indictment seems pretty sketchy,” former Obama campaign strategist David Axelrod tweeted Saturday.

POLITICO’s Ben White tweeted a similar opinion — that it “seems quite perverse to indict a governor for exercising his clearly delineated constitutional authority.”

Even liberal celebrity Mia Farrow tweeted (and then deleted) her disgust, telling the world on Aug. 16 that “I’m no Rick Perry fan but the indictment doesn’t identify a law he violated. Looks like politics not felony” — before taking her posting down.

In the midst of it all, Lehmberg is still the Travis County district attorney.

Another Tech Giant Announces Layoffs After Clamoring For Immigration Reform

Cisco Systems, one among the dozens of U.S. tech companies imploring Congress to relax immigration laws and ease restrictions on foreign worker visas, announced last week that it will cut 6,000 jobs in 2015.

The company has made similar job-cut announcements in four of the past seven years, according to the Silicon Valley Business Journal.

Cisco joined with other companies and organizations in July, signing off on a letter to House leadership requesting “meaningful reforms to critical components of our nation’s immigration system.” Tech companies in particular have also led the call for Congress to liberalize the requirements for foreign workers in the science, technology, engineering and math (STEM) fields to obtain work visas.

Much recent academic research has been devoted to debunking the tech sector’s claim that there’s a shortage of qualified domestic STEM labor.

“[A]ccording to the National Science Board’s authoritative publication Science and Engineering Indicators 2008, the country turns out three times as many STEM degrees as the economy can absorb into jobs related to their majors,” wrote the Columbia Journalism Review in 2012:

So what’s going on? Simply put, a desire for cheap, skilled labor, within the business world and academia, has fueled assertions — based on flimsy and distorted evidence — that American students lack the interest and ability to pursue careers in science and engineering, and has spurred policies that have flooded the market with foreign STEM workers.

Microsoft founder Bill Gates has been at the forefront of the movement to import STEM labor into the U.S. Then Microsoft announced in July that it would eliminate 18,000 jobs.

A group of policy professors responded to that news with an editorial in USA Today, again calling attention to the cheap-labor corporate agenda.

“Those supporting even greater expansion seem to have forgotten about the hundreds of thousands of American high-tech workers who are being shortchanged — by wages stuck at 1998 levels, by diminished career prospects and by repeated rounds of layoffs,” the academics wrote. “… IT industry leaders have spent lavishly on lobbying to promote their STEM shortage claims among legislators. The only problem is that the evidence contradicts their self-interested claims.”

Ferguson Events Offer A Reminder: You Can Photograph Police On The Job

It is legal to photograph or video record police officers in public as they carry out their duties. And, as a recent court ruling reinforces, it’s absolutely legal to photograph police on your property, even (rather, especially) during the execution of a search warrant.

Just because something is legal doesn’t mean the police will honor it. That’s the crux of the argument for protest against police who kill in the absence of a threat, or those who, with much greater frequency, deny due process in hundreds of little ways to Americans every day.

The chaos in Ferguson, Missouri, over the police shooting of Michael Brown has drawn national media attention. Reporters from major networks and newspapers have converged on Ferguson to report on the shooting, the rioting and the inevitable, regrettable appearance of Al Sharpton.

But in doing so, the press has become a part of the story. At least two reporters for separate news organizations have been detained simply for documenting what they saw.

Here’s Martin D. Baron, executive editor for The Washington Post, on the Ferguson Police Department’s treatment of reporter Wesley Lowery. Lowery and another reporter from The Huffington Post were detained inside a McDonald’s after several officers came inside the restaurant, told them to leave and ordered Lowery to stop filming once he’d whipped out his phone to document what was taking place:

Wesley has briefed us on what occurred, and there was absolutely no justification for his arrest.

He was illegally instructed to stop taking video of officers. Then he followed officers’ instructions to leave a McDonald’s — and after contradictory instructions on how to exit, he was slammed against a soda machine and then handcuffed. That behavior was wholly unwarranted and an assault on the freedom of the press to cover the news. The physical risk to Wesley himself is obvious and outrageous.

After being placed in a holding cell, he was released with no charges and no explanation. He was denied information about the names and badge numbers of those who arrested him.

We are relieved that Wesley is going to be OK. We are appalled by the conduct of police officers involved.

At one point after the police had placed Lowery and the other reporter, Ryan Reilly, in a cruiser, Lowery wrote about the following exchange:

A woman — with a collar identifying her as a member of the clergy — sat in the back. Ryan and I crammed in next to her, and we took the three-minute ride to the Ferguson Police Department. The woman sang hymns throughout the ride.

During this time, we asked the officers for badge numbers. We asked to speak to a supervising officer. We asked why we were being detained. We were told: trespassing in a McDonald’s.

“I hope you’re happy with yourself,” one officer told me. And I responded: “This story’s going to get out there. It’s going to be on the front page of The Washington Post tomorrow.”

And he said, “Yeah, well, you’re going to be in my jail cell tonight.”

Lowery’s one foil against the cops was his power as a member of the press. It ultimately worked — he and Reilly were let go after spending a short time in a cell, with no charges filed.

But it’s vital to emphasize that his rights are the same as any American’s: It’s not illegal for anyone to record what the police do in public.

“The arrest and intimidation of journalists for documenting the events in Ferguson is particularly disturbing because it interferes with the ability of the press to hold the government accountable,” wrote The Atlantic’s Olag Khazan last week. “But actually, anyone — journalist or otherwise — can take a photo of a police officer.

“Citizens have the right to take pictures of anything in plain view in a public space, including police officers and federal buildings. Police cannot confiscate, demand to view, or delete digital photos. Private property owners can set different rules for recording, but it did not appear from Lowery’s account that the McDonald’s manager was objecting to his video recording… Police officers frequently ignore these laws.”

And there’s the rub. Americans must routinely weigh their risks before participating in legal activities — if the police are nearby.

IRS Contradicts Itself On Lerner Hard Drive Testimony; Judge Sets Another Deadline For Agency To Get Its Story Straight

The IRS will have until August 22 to explain to a Federal judge how it is attempting to recover Lois Lerner’s missing emails, as well as its policy relating to destroying computer equipment. The judge set the deadline after documents obtained via a FOIA request revealed agency officials had presented conflicting testimony, under oath, about the extent to which Lerner’s hard drive had been damaged before it was allegedly destroyed.

The order, given by U.S. District Judge Emmet G. Sullivan, marks the next step in a long-brewing lawsuit against the IRS brought by nonprofit accountability organization Judicial Watch. From a report at The Daily Caller on the judge’s order:

Aaron Signor, an IRS technician that looked at Lerner’s hard drive in June 2011, said in IRS court filings that he saw no damage to the drive before sending it off to another IRS technician, leading some in the media to suggest that the lost emails scandal is basically over. But Signor’s statement, issued in response to the Judicial Watch lawsuit, does not jibe with sworn congressional testimony.

The Daily Caller reported that Lerner’s hard drive was “scratched” and then “shredded,” according to a court filing the IRS made to the House Committee on Ways and Means.

The IRS technology official who served as the source of the “scratched” and “shredded” revelation is believed to have looked at the hard drive after Signor.

Sullivan’s order seems to have been motivated by the obvious contradiction. Judicial Watch said that Sullivan made the order because the IRS’ new court filing featuring Signor’s statement was a “joke.”

You can read the rest of that report here.

We’ve been here before. Sullivan had initially ordered the IRS to submit a similar statement, under oath, in July, giving the agency 30 days to explain how Lerner’s emails turned up missing. In a separate lawsuit brought by Texas conservative nonprofit True the Vote, another Federal judge decided earlier this month that the IRS would not be forced (in that case, at least) to submit to an independent forensic investigation searching for the missing emails.

Meanwhile, investigative reporter Sharyl Attkisson revealed today that another Obama Administration official had requested an HHS spokesman to delete an email she had sent pertaining (it seems) to the botched rollout of the Obamacare website, Healthcare.gov. It’s against the law for Federal officials to delete their work emails, which are instead supposed to be archived and printed.

From Attkisson’s website:

An email obtained by Congress shows the top official for Healthcare.gov at the Centers for Medicare and Medicaid Services under the Department of Health and Human Services, Marilyn Tavenner, instructed the agency’s top spokesman to “Please delete this email.”

The instruction appears significant for several reasons: First, the email to be deleted included an exchange between key White House officials and CMS  officials. Second, the email was dated October 5, 2013, five days into the disastrous launch of HealthCare.gov. Third, federal law requires federal officials to retain copies of –not delete– email exchanges. And fourth, the document to be deleted is covered under Congressional subpoena as well as longstanding Freedom of Information requests made by members of the media (including me).

Former DARPA Director Broke Ethics Rules By Encouraging Government Funds Flow To Company She Founded

Regina Dugan, the former director of the Defense Advanced Research Projects Agency (DARPA), has been scolded in a U.S. Inspector General’s report for improperly granting her blessing to agency contracts that were awarded to a company she had previously founded — and in which she continues to hold a financial share.

Dugan, who has given her own TED talk to inspire innovative thinking among would-be tech leaders, founded and still holds a financial stake in RedXDefense, which designs detection devices for drugs and explosives. She was the company’s CEO until 2009, when she departed to take over at DARPA.

During her time at DARPA, Dugan refrained from involving herself directly in any contract-awarding process for which RedXDefense was a bidder. But the company nevertheless received major contracts which drew the scrutiny of the Inspector General’s office in 2011.

From a report at The Verge Thursday:

[A]fter RedXDefense won $1.75 million in contracts under Dugan’s eye, a watchdog group called for the IG to make sure “DARPA selects and awards grants and contracts with integrity.” That complaint was filed in 2011 and an investigation got underway soon thereafter. Dugan ultimately left her post (and government work) a few months later to join Google’s ranks.

…In regards to the investigation, Dugan and DARPA insisted there was no favoritism, pointing to the many contracts RedXDefense had lost out on as proof. But the IG reached a different conclusion. “We determined that Dr. Dugan violated the prohibition against using her government position for the stated or implied endorsement of a product, service, or enterprise,” said the report.

That finding hardly took the form of a reprimand, however — the IG report did not recommend prosecution or discipline, and none has been forthcoming since the case was closed.

Publisher Frets Over Proposed Bergdahl Book Because Conservatives Would Use It ‘Against Obama’

A proposal for a book that would share the views of Sgt. Bowe Bergdahl’s former platoon mates — that he was a deserter who placed their lives at risk — has found tough sledding with at least one publisher, who worries that such a work would give conservatives another tool with which to criticize President Barack Obama.

Avoiding negative publicity for Obama was crucial to one representative for Atria Books — a subsidiary of Simon & Schuster. Atria Senior Editor Sarah Durand, in email communications with representatives for Bergdahl’s platoon mates, reportedly shared her concerns after viewing a draft of the book.

“I’m not sure we can publish this book without the [political] Right using it to their ends,” wrote Durand. “…Conservatives are all over Bergdahl and using it against Obama, and my concern is that this book will have to become a kind of ‘Swift Boat Veterans for Truth.'” 

The “swift boat” reference alludes to contemporary critics of former Democratic Presidential candidate and current Secretary of State John Kerry — critics who alleged that he had not earned the military distinctions during the Vietnam War he later would tout during his 2004 Presidential campaign.

According to Yahoo News, the version of Bergdahl’s story his platoon mates wish to tell would portray him as a traitor, further stoking criticism of the Obama Administration for secretly arranging the prisoner exchange that freed Bergdahl in exchange for five Taliban detainees held at Guantanamo Bay prison:

A draft of their book proposal, a copy of which was obtained by Yahoo News, depicts Bergdahl as a “premeditated” deserter who “put all of our lives in danger” — and possibly aided the Taliban — when he disappeared from his observation post in eastern Afghanistan in the early morning hours of June 30, 2009.

But the political furor over Bergdahl’s release from Taliban captivity — the result of a U.S.-Taliban deal to swap five Guantanamo terrorism suspects in exchange for Bergdahl’s freedom — is complicating the book’s prospects. Agents for the soldiers say that some publishers have balked, in at least one case out of fear that the project would bolster conservative criticism of the Obama administration.

The book proposal is also being shopped in conjunction with a movie deal. Bergdahl’s former platoon mates told Yahoo News they simply want their version of the truth — not the version the Obama Administration has so far promulgated — to be heard.

“We didn’t politicize this. They brought his parents out at a White House Rose Garden ceremony and presented him as a hero,” said Cody Full, who was Bergdahl’s roommate. “Why wouldn’t you just have a quiet press release? Why do you have to have a big parade? You don’t do that for the parents who have kids who have died in Afghanistan.”