Blaming Guns For Rising Crime

With America experiencing the largest single-year increase in homicide ever recorded in 2020, and data indicating another double-digit increase last year, it appears that many politicians including the president are confused about the cause.  During a New York  visit with the Mayor Eric Adams last week, President Biden pledged to address the city’s out-of-control crime with help in getting illegal guns off the streets.  Adams, a former cop, along with mayors in Baltimore, DC, Oakland, San Francisco, Los Angeles, Chicago, and St. Louis among others believe the most effective approach to violent and property crime is to try and remove guns from the hands of criminals.  Rebecca Rosenberg of Fox News has this piece discussing the fallacy of focusing on the weapon rather than the progressive policies that have enabled criminals to stay on the streets and prey upon the public.   Cully Stimson, a former prosecutor and senior fellow at the Heritage Foundation calls the focus on “gun crimes” a red herring.

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Wealthy Hollywood Liberals Funding Gascón Recall

In 2019 rich liberals, most of whom do not live in Southern California, including George Soros (New York), Patty Quillin  & husband Reed Hastings (San Francisco), Elizabeth Simons (San Francisco), M. Quinn Delaney (Oakland), Cari Tuna (San Francisco), Susan Pritzker (Oakland), Kaitlyn Krieger ( San Francisco), Nicole Shanahan (San Francisco), Dorianna Blitt (New York), Anne Devereux (New York), and Anne Rosenbaum Irwin (San Francisco), gave $12.4 million to George Gascón’s campaign for Los Angeles District Attorney.  Immediately after taking office, Gascón announced that he would not be prosecuting most property and drug criminals and that most arrestees would be released without bail. He also pledged to seek the shortest sentences possible for criminals convicted in Los Angeles County, including murderers, rapists and other violent offenders.  While progressive state sentencing reforms (read reductions) along with Governor Newsom’s pandemic emergency orders for inmate releases and zero bail had been fueling crime increases before Gascón was elected, his new policies exacerbated this trend.  The Los Angeles County Sheriff reports that homicides increased by 94% and auto thefts by 59% over the past two years.  News footage of the daily “smash and grab” robberies across LA and the recent Beverly Hills home invasion and murder of liberal philanthropist Jaqueline Avant and the brutal killing of UCLA student Brianna Kupfer in exclusive Hancock Park, both by habitual felons, was a reality check for LA area liberals.

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Mike Pence Stands Up for the Rule of Law in Federalist Society Speech

Like most Vice Presidents, Mike Pence was loyal to his superior while in office.  Of late, former President Trump and some of his more extreme allies have been touting the notion, hatched a bit more than a year ago, that Pence should have either refused to count the electoral votes that put Joe Biden in the White House, or have simply “counted” them in a way where Trump would have come out ahead.  Whether or not one views the last Presidential election as having had its episodes of fraud (what national election hasn’t to some degree?), there is no reasonable way to view that stance as consistent with the rule of law, or as anything but a dangerous deviation of how we do things in this country.

Today, speaking at the Federalist Society, Mike Pence gave his answer.  The Washington Post has the story.

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In California, Blanket Nonenforcement Policies Are Unconstitutional

Progressive California District Attorneys who have chosen not to prosecute offenders who commit so called “low level” crimes are violating the state Constitution according to Hasting’s law professor Zachary Price.  In a piece published in SCOCA blog, a joint project of the U.C. Berkeley and Hastings Schools of Law, Professor Price asserts that while district attorneys such as San Francisco’s Chesa Boudin and Los Angeles DA George Gascón ran for office promising not to prosecute drug users and small-time dealers, trespassers, shoplifters, traffic offenders and those resisting arrest among others, the state constitution

specifically limits local district attorney discretion by imposing an affirmative duty on California’s attorney general “to see that the laws of the State are uniformly and adequately enforced.” And although state law provides for elected district attorneys in each county and obligates them to “attend the courts, and within his or her discretion . . . initiate and conduct on behalf of the people all prosecutions for public offenses,” the state constitution requires supersession of local prosecutorial functions when the attorney general determines that local enforcement is inadequate.

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CA Law Authorizes Biased Jurors

A California law which took effect in January prohibits prosecutors from removing people who are biased against police officers from juries in criminal trials.  The California jury selection process in criminal cases allows the prosecutor and the defense attorney 10 peremptory challenges for most felony trials, and 20 each for capital cases.  Prior law allowed these challenges to be exercised for any reason other than solely on the potential juror’s race, which is unconstitutional.  AB 3070 Weber (D Los Angeles) signed into law by Governor Newsom in September of 2020, prohibits the use of a peremptory challenge to remove a juror who considers police and/or the criminal justice system racist.  The law also supports objections by defense attorneys if the prosecutor challenges potential jurors who are inattentive, incoherent or threatening.  In a courtroom with a impartial judge who allows a challenge to a gang member who admits that he hates cops, the removal of the gang member from the jury will now become grounds for appeal.  The law does not prevent defense attorneys from removing potential jurors who express support for law enforcement or have friends or relatives who are police officers, prosecutors or judges, or who have been victims of crime.  Essentially Governor Newsom has approved a law that eliminates the constitutional right of an impartial jury.  The bill’s author, Shirley Weber, was appointed in 2020 by Governor Newsom to serve as Secretary of State.  She is the person in charge of California elections.

Choosing Optics Over Competence

Imagine your five-year-old daughter was being wheeled into surgery to have a defective heart valve replaced.  What would be the most important qualification for the surgeon about to cut her open?  Would it be the doctor’s race or gender?   When the hospital’s chief administrator decided that it was more important that the members of surgical staff “looked like the community” than their level of competence, he put your daughter’s life at risk.  As a parent, if I suspected that this was the case, I would choose a different hospital.  The U.S. Supreme Court is the last word on what constitutes law in our country.  The exercise of this sweeping power has and will continue to have life-altering consequences on the millions of people who live in America.  What then, should be the most important qualification for the selection of a Supreme Court Justice?  Heather MacDonald’s compelling piece in the City Journal exposes the absurdity of elevating race, gender or any other criteria beyond competence, integrity and temperament governing the selection for membership on the nation’s highest court.  By limiting the selection of the next justice to a black woman, MacDonald notes that President Biden is “rendering 98 percent of all possible candidates beyond consideration because they lack `qualifications’ that have nothing to do with judging.”

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Breyer to Retire, Part lll

President Biden has made it clear that he will restrict his pool of Supreme Court candidates to black women only, thus excluding almost 95% of the population from the get-go.  How this yields the most qualified possible nominee has yet to be explained; perhaps commenters can give me a clue.  I’m assuming here, of course, that Supreme Court qualifications are things like fidelity to the Constitution, legal scholarship, broad experience, fair mindedness and self discipline.  What a candidate looks like is decidedly not a qualification for the Court, or probably much of anything beyond making your way in Hollywood.

But enough of what I think.  What do the American people think?  ABC News polled the question.

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What Happened to Black Lives Matter?

Investigative reporter Andrew Kerr’s piece in yesterday’s Washington Examiner exposes the corruption behind the curtain of Black Lives Matter (BLM), the nation’s most influential social justice organization.  BLM was founded in 2013 by black activists Alicia Garza, Patrisse Cullors, and Opal Tometi, in response to the acquittal of Hispanic neighborhood watchman George Zimmerman after the fatal shooting of black teenager Trayvon Martin in self defense.  The movement gained national exposure after the August 9, 2014 shooting death of black teenager Michael Brown by a white police officer in Ferguson, Missouri.   BLM immediately launched protests which turned into several weeks of riots, with businesses looted and set on fire. The St. Louis Chief Financial Officer estimated a total cost at $20 million.  Months later a grand jury and the Obama Justice Department concluded that the shooting was in self defense.  By the May 25, 2020 death of George Floyd in Minneapolis, the group had amassed several million in contributions and had a worldwide network of chapters and affiliates.  Within five days of Floyd’s death BLM coordinated protests occurred, almost simultaneously, in 2,000 cities in 60 countries.  Many of the protests, especially in over 200 U.S. cities, devolved into riots with government buildings and businesses burned, police officers, bystanders and reporters attacked, and widespread looting and violence.  In the end the “mostly peaceful” protests took 25 lives and cost at least $1 billion in damage.   So how did BLM get the money to finance these protests and where did it go?

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Breyer to Retire, Part ll

Mike has noted the news being reported this morning that Justice Stephen Breyer will retire at the end of the Court’s current Term.  It’s true, as Mike observes, that this will give our aging President the chance to solidify the liberal wing on the Court with someone 30 or 40 years younger than Breyer.  But there are two other features about today’s news worth noting.

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Breyer to Retire

Pete Williams of NBC News reports that Associate Justice Stephen Breyer plans to retire from the U.S. Supreme Court at the end of the current  term.  Justice Breyer, 83, has been pressured by progressives to retire after Joe Biden won the presidency last year.   Liberal U.C. Berkeley law school dean Erwin Chemerinsky urged Breyer to step down and put “the good of the institution” ahead of his personal interests.  The progressive group Demand Justice actually hired a billboard truck to drive around Washington last year with a “Breyer Retire.  It’s time for a Black woman Supreme Court Justice,” sign.  Recognizing that optics are the priority among liberals Biden has already pledged to do this.  Williams speculates that federal judge Ketanji Brown Jackson and CA Supreme Court Justice Leondra Kruger are likely candidates.   Breyer’s replacement will not change the conservative/liberal balance on the court, but a young appointee, like Kruger at 45 or Jackson at 51, could serve for decades and be part of a future liberal majority.