Another Misunderstanding

This one is by Patrick O’Connor in Wall Street Journal Washington Wire piece.

Senator and Presidential candidate (R, FL) spoke to the Foreign Policy Initiative in New York City last Friday, and he decried President Barack Obama’s nuclear weapons “deal” with Iran and Obama’s decision to resume ties with Cuba and reopen an embassy there.

Mr Rubio outlined those positions in a Friday speech in New York hosted by the Foreign Policy Initiative, further casting himself as the candidate most eager to reignite tensions with two longtime adversaries.

Reignite? Reignite!? Those tensions remain, in spades; they’ve not at all been abated by Obama’s moves. Aside from Iran still being on a path to getting nuclear weapons, it remains sworn to the extermination of Israel and to the death of America. Cuba, far from relaxing, is demanding millions of dollars from us in “reparations.”

The WSJ should know better.

Finger Pointing

There is, presently, a kerfuffle over local cities—many of them sanctuary cities—turning loose illegal aliens with records of violent crimes, rather than holding them for Immigration and Customs in response to the latter’s detainer requests. Most famously, two of those released went on to commit horrific crimes upon their release.

Here’s the thing:

The issue, says [San Luis Obispo Sheriff Ian] Parkinson and dozens of other sheriffs and police chiefs across California and Arizona, is that, while Immigration and Customs Enforcement routinely asks departments to hold prisoners like [Francisco Javier Chavez, out on bail after being charged in an attack which left a toddler with two broken arms, a broken femur, a compressed spine, a urinary tract infection, and a 107 degree fever] until they can take custody of them for deportation, the local law enforcement officials believe doing so will expose them to lawsuits. They cite court cases including the March, 2014, US Court of Appeals for the Third Circuit ruling in Galrza v Szalczyk that held states and localities are not required to imprison people based on ICE “detainer” requests, and that states and localities may be held liable if they participate in wrongful immigration detentions.

“I am not aware of any County in California that is honoring detainers, simply because we can’t,” Parkinson said. “We have to follow the law or the threat of violating the law ourselves,” Parkinson said, citing a Court decision issued approximately one year ago. “The law actually does not give us the right to place an ICE hold, unless there is a warrant for them.”

ICE? They insist

there is no requirement that it obtain a judicial warrant to compel law enforcement agencies to hold suspects and that a detainer is sufficient.

Yeah, you do, guys. At least within the 3rd Circuit’s jurisdiction. And even if you don’t, your bleating of “Not my job” is only getting honest Americans—children included—killed. Quit hiding behind excuses, get off your office-bound patootie, and get the warrant.

On the other hand, there’s nothing blocking the sheriffs and police from dropping a dime on ICE when they’re about to release such a one, so an ICE agent can be present to pick up the illegal alien as he walks out the door. Not doing this is on the locals.

Should judges be releasing these guys on bail? Probably not, but a) that’s a different story, and b) the judges are bound by what the laws in their jurisdictions say about bail requirements.

An Iran Nuclear Weapons Deal Misunderstanding

Pierre Atlas, in Real Clear World had one.

…the accord is meant to keep it from building [a nuclear weapon], at least for the next 10 years. The question that the deal’s opponents, such as the Republican presidential candidates or Democratic Senator Chuck Schumer, must answer is this: what is the realistic, plausible alternative to JCPOA that will achieve the same goal, short of going to war?

No, first Atlas and his fellow apologists for this “deal” must first establish that the arrangement will prevent Iran from building a nuclear weapon. Along with that, Atlas and his fellows must demonstrate how we’ll know Iran has reneged on this arrangement before they explode a test article, since both the arrangement and Iranian government officials, from Supreme Leader Ali Khamenei on down, say they will not allow inspections at their nuclear development facilities that are housed in military bases and the arrangement explicitly allows Iran to delay inspections at civilian nuclear facilities for weeks at a time before the first inspector can walk through the front door.

Next he and his must provide a plausible plan of action for the period beginning at the end of his 10 years—granting for the sake of his argument that Iran will not sooner build a nuclear bomb—when Iran will be free of restraints and can build to its heart’s content.

Then Atlas undermined his argument by offering one version of an alternative:

Congress could instead offer legislation to shore up JCPOA and give American diplomacy a coercive edge. It could pass a bill authorizing the use of military force by the current and future presidents should Iran renege on its commitments. It could pass a resolution offering US support to any country that might be attacked by Iran.

Of course, he elided the fact that Congress can—and should—do this while rejecting the arrangement.

And he carefully ignored the value of that support to an Israel not merely “attacked” by Iran, but obliterated by them with at most four nuclear devices.

Isn’t Atlas’ alternative “going to war,” though? Only later, maybe, when Iran’s program is farther along and facilities better hardened. A military strike now, properly constructed, would eliminate Iran’s nuclear weapons program without war, since it would leave Iran without the means to prosecute their war, other than the way they’re fighting their already in progress war: funding and arming their terrorist clients.

Gotta Regulate

Senator Elizabeth Warren has discovered a bit of financial activity that she can’t regulate, and she wants to regulate it.

Senator Elizabeth Warren (D, MA) on Monday sent letters to six financial regulators saying she is troubled that the big banks and other financial firms backing Symphony Communications Services LLC may use the new tool to skirt regulatory and legal requirements, as well as escape enforcement action by the Consumer Financial Protection Bureau and other regulators.

Symphony’s sin? Their words on their publicly accessible Web page.

Symphony is designed to meet the cyber-security and compliance needs of financial firms.

They also tout their ability to guard against government spying.

Never mind that Symphony also says,

The use of Symphony does not change regulators’ ability to obtain messages from our clients. Symphony delivers messages to its clients to download, decrypt, and archive, and they are able to provide those messages to regulators just as they would with other compliant messaging systems.

Symphony is plainly acknowledging that message handling is the sole responsibility of the correspondents, and not at all that of the pipeline.

Senator Warren (and FBI Director James Comey) are prime examples of the need of private citizens and our enterprises for protection from government spying—even domestic spying. They’re already having some success, too, in browbeating Symphony:

Symphony’s current website doesn’t appear to contain the language Ms Warren raises in her letter.

What’s in that message? Inquiring Progressive minds want to know.

Democrat Disingenuosity

An example is provided by a Wall Street Journal op-ed.

President Obama says that critics of his plan to decarbonize the economy are “the special interests and their allies in Congress” repeating “the same stale arguments” about “killing jobs and businesses and freedom.” He adds that “even more cynical, we’ve got critics of this plan who are actually claiming that this will harm minority and low-income communities.”

His EPA, though, has let the cat out of the bag in its Clean Power Plot Plan:

The EPA authors are careful to reiterate that “its benefits will greatly exceed its costs.” (Sure.) But then they ever so gingerly observe that “it is also important to ensure that to the extent there are increases in electricity costs, that those do not fall disproportionately on those least able to afford them.”

The actual cynicism is in the Democratic Party’s assumption that Americans are so stupid we won’t see, or won’t care about, this naked redistribution plan. On the other hand, Obama’s EPA did very carefully bury the plan 1,500 pages in to its 1,560-page Plan.