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Saturday, July 9, 2011

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Friday, July 8, 2011

Despite WH pleas, Mexican meets death penalty in TX

In a case that might have implications for U.S.-Mexico relations, the safety of Americans abroad and even the 2012 presidential race, Mexican national Humberto Leal was executed last night — as previously scheduled — for the 1994 torture, rape and murder of a San Antonio teenager.

Leal was just a toddler when he and his family moved to the U.S. from Monterrey, Mexico, but his citizenship became a key element of his attorneys’ appeals. They said police never told him following his arrest that he could seek legal assistance from the Mexican government under an international treaty.

Mexico’s government, President Barack Obama’s administration and others wanted the Supreme Court to stay the execution to allow Congress time to consider legislation that would require court reviews for condemned foreign nationals who aren’t offered the help of their consulates. The high court rejected the request 5-4.

But questions remain over how Leal’s execution may affect relations between Mexico and the U.S. – and Texas, the country’s busiest death penalty state that shares a roughly 1,250-mile border with Mexico.
In his last words, Leal apologized to the victim’s family, admitting his actions for the first time, before shouting twice, “Viva Mexico!”

Prior to last night’s execution, some framed the question of whether Leal should or would face the death penalty as a showdown between President Barack Obama and Texas Gov. Rick Perry, who is considering a bid for president:
Perry, however, has shown no sign of backing down. And the case has thrust the conservative governor into the international spotlight as he weighs an entrance into the presidential race. That introduces politics into any decision he makes about Leal.

If he stays the execution, he runs the political risk of being called weak by conservatives. Allowing it to go forward, it could cast Perry as a staunch conservative who doesn’t give in to the demands of Washington and international pressure. But it also invites comparisons to former President George W. Bush, who was criticized for a go-it-alone approach on foreign policy.

But Perry was not the only person to think Leal’s execution should go forward. In its 5-4 decision, the Supreme Court majority expressed skepticism that Leal’s execution would have any grave international consequences. Furthermore, the Court said, “Our task is to rule on what the law is, not what the law might eventually be.” Similarly, Perry’s responsibility as governor of Texas is to execute Texas state law.

The belated timing of the administration’s attention to this case and Perry’s connection to it make it seem almost as though the president had political motivations for this sudden and public effort to shore up state compliance with international treaties. Hopefully, that thought will be dispelled by the administration’s ongoing commitment to the cause of consular reciprocity — which is, as Ed pointed out, an important one, for obvious reasons. If the president feels as strongly as his intervention in this case suggests, he can certainly continue to push for the passage of related legislation recently introduced by Vermont Democrat Sen. Patrick Leahy to prevent similar situations from arising in the future. That bill would require states to abide by the Vienna Convention, the international treaty that ensures consular access in these types of criminal cases involving foreign nationals.

DSCC chair hits Koch brothers up for donation

Chutzpah, cluelessness, or a combination of both? Democrats have spent all year demonizing the Koch brothers, industrialists who support pro-growth conservative policies and donate to like-minded organizations.
The national party practically accused Wisconsin Governor Scott Walker of having a hotline installed from Koch Central to his office, and Democrats and unions both howled with outrage after Walker took a prank call supposedly from David Koch during the PEU-reform crisis this winter.

Perhaps all is forgiven … now that Democrats need some cash. As chair of the DSCC, Senator Patty Murray (D-WA) gave the Kochs a call inviting them to their soiree this summer. If it’s hard to imagine a less enticing invitation than a chance to spend hot, sweltering days with people who routinely paint you as the devil, Koch Industries found it impossible. Here’s the audio:

And … here’s the response, emphases mine:
For many months now, your colleagues in the Democratic Senatorial Campaign Committee leadership have engaged in a series of disparagements and ad hominem attacks about us, apparently as part of a concerted political and fundraising strategy. Just recently, Senator Reid wrote in a DSCC fundraising letter that Republicans are trying to “force through their extreme agenda faster than you can say ‘Koch Brothers.’”

So you can imagine my chagrin when I got a letter from you on June 17 asking us to make five-figure contributions to the DSCC. You followed that up with a voicemail* indicating that, if we contributed heavily enough, we would garner an invitation to join you and other Democratic leaders at a retreat in Kiawah Island this September.

I’m hoping you can help me understand the intent of your request because it’s hard not to conclude that DSCC politics have become so cynical that you actually expect people whom you routinely denounce to give DSCC money.

It is troubling that private citizens taking part in the discourse have become the targets of White House and DSCC fundraising missives, and we would certainly encourage you to rethink that approach. Ultimately, I expect voters will see through that and will weigh the issues on the merits alone. But in the meantime, if you could provide me some insight on what exactly you are asking of us and why, I would be most grateful.
So the lack of an RSVP on the letter to their personification of political evil failed to generate the obvious conclusion in Murray’s mind, so much so that she decided to make a personal call to the bêtes noirs of the DSCC to dangle an access-for-cash deal. Maybe it’s both cluelessness and chutzpah, but I’m betting heavily on the former.

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Thursday, July 7, 2011

Video: “The Undefeated” trailer


Breitbart TV lands the exclusive. This afternoon wasn’t kind to movie teasers about iconic conservative women; I’m guessing this evening will be better. The film debuts in several cities on July 15,
but if you’re eager for early reaction, Ed reviewed a rough cut last month. He found the style vertiginous but thought it made a compelling case for Palin the politician. Good thing he caught a sneak preview: Kyle Smith, a New York Post movie critic (and Palin fan), unloaded on the movie for similar stylistic problems and got himself banned by a publicist from a Manhattan screening tomorrow.

Andrew Breitbart, who appears in the film, reacts to the trailer at Big Government. Exit quotation: “Rebels of all stripes who come to this film with open eyes will be inspired by a daughter, a wife, a mother, and a warrior who took on the system and won.”

The Undefeated Teaser Trailer from Dain Valverde on Vimeo.
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from: hotair

Report: Obama’s oil company tax proposal would jeopardize thousands of jobs


Earlier today, I posted excerpts from Florida GOP Sen. Marco Rubio’s excellent floor speech about President Barack Obama’s proposal to address the deficit with tax hikes. Among other things, Rubio asked just how many jobs the president’s proposed tax on oil companies would create. Turns out, energy analysts at consulting firm Wood Mackenzie have the answer.


According to their analysis, increased industry taxation of $5 billion a year (a little off of the approximately $4 billion currently under discussion, but still applicable) would cost the country about 50,000 jobs by 2014, an additional 15,000 by 2020 and 8,000 more by 2025. That doesn’t even take into account the indirect employment effects. Related industries would also suffer staggering job losses – 120,000 by 2014, 35,000 by 2020 and 20,000 by 2025.

Ironically enough, the proposal would also eventually decrease government revenues. While, in the first five years, a $5 billion tax increase would generate an additional $3 billion in revenue each year, by 2020, it would result in an estimated $6 billion less in revenue — and, by 2025, an estimated $10 billion less.

And neither of these effects even touch the effects on production — but that, too, would dramatically decrease, ultimately leading to a rise in gas prices and oil-based products for all of us.

In light of the facts, it’s hard to understand why the administration wants to end these tax breaks for oil companies, other than that it’s easy to make it sound sleazy that the federal government grants “tax subsidies” to oil companies. But, as J.E. Dyer explained so well yesterday, these tax breaks aren’t “subsidies” at all. Furthermore, the tax breaks in question apply to all companies, even though politicians like to make it sound as though oil companies benefit from special breaks. What politicians are actually talking about when they propose “ending tax subsidies for oil companies” is the imposition of a punitive tax on those companies. Why? Because they’re successful? Because they provide thousands of jobs? Because they supply affordable energy for the country? An honest explanation might be nice.

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from: hotair

Another high-profile rape case collapsing?

While the prosecution of the indictment for rape against Dominique Strauss-Kahn looks flimsier after revelations about the alleged victim in the case, another high-profile rape case appears in danger of foundering on the credibility of the accuser.
Four years ago, Jamie Leigh Jones made headlines and became a cause celebre on the Left after accusing KBR employees of gang-raping her and the company of imprisoning her when she attempted to report the crime. The lurid accusations and Jones’ singular drive to seek justice, combined with the controversial American military action in Iraq and questions about the control the US had over its contractors there, made Jones into a celebrity, and she plays a starring role in a new documentary about the struggle to access the justice system in America.

The story fell out of the headlines a few years back, but Jones now finds herself in the trial she sought in a civil suit against KBR. But as Mother Jones reports, Jones may well lose her case, thanks to a raft of evidence that rebuts most of her accusations and statements in the last four years:
Jones’ trial, which started on June 13, is highlighting significant holes and discrepancies in her story. Not only has the federal trial judge already thrown out large portions of her case, evidence introduced in the trial raises the question of whether Jones has exaggerated and embellished key aspects of her story.

None of this means that Jones was not raped in Iraq. But the evidence does undermine her credibility and could create serious doubts in jurors’ minds.
Mother Jones is hardly an unsympathetic outlet for the case, so the detailed report from Stephanie Mencimer is all the more remarkable, and particularly well-written. Mencimer had previously thought that KBR’s court filings accusing Jones of fabricating key components of the case was a sign that “KBR was headed to the gutter” to discredit her. The court filings that Mencimer has read now indicate that KBR wasn’t trying to bluff Jones into a settlement, but had good reason to make those accusations. She compiles quite a list of Jones’ statements that evidence now contradicts, including key components of the case:

Jones accused an unknown KBR employee of spiking her drink with a date-rape drug. No such drug was found in her system, but testimony indicates that Jones drank more than she admitted and may have been drunk enough for amnesia.
The original accusation was that of gang rape, but the evidence strongly suggests that sexual contact took place with just one man — who insists that the contact was consensual.
She claimed that KBR locked her in a container and surrounded it with armed guards. Not only does KBR not have armed guards, the imprisonment accusation didn’t arise until two years after she first filed a sexual-harassment complaint over the incident with the EEOC.
Jones also insisted that she never had any history of mental problems, but her medical records indicate that she had been prescribed medication for bipolar condition, an anti-depressant, and an anti-anxiety drug before she started working at KBR.
Her medical records also “suggest” that Jones has made other accusations of rape and/or sexual assault, once at KBR and one time before her employment, separate from these allegations. The alleged incident at KBR predated her transfer to Iraq by a few months.

Finally, one of the claims that Jones makes in her civil suit is that her treatment by KBR has left her an agoraphobic, unable to leave her house or pursue a career. Mencimer reports on the evidence that disputes that claim:
Jones has maintained that the attack in Iraq has rendered her agoraphobic, afraid to leave the house alone, unable to work, and unable to sleep. She has filed disability claims to this effect. As a result of these claims and her lawsuit, Jones has undergone extensive psychological evaluations. That paper trail contains several land mines.

Some of the conflicts are fairly obvious. At the same time Jones was telling therapists and psychiatrists that she was virtually disabled by post-traumatic stress disorder and could not work, leave the house, drive, or have meaningful relationships with men, she has completed three college degrees, including an MBA; gotten married; had two babies; worked as a teacher and now as a part-time college professor; testified repeatedly before Congress; gone on TV; appeared in a documentary; and started a foundation to support women working as contractors overseas. It’s not the résumé of someone as paralyzed by trauma as Jones has claimed to various therapists and psychologists.

And that’s not all. Mencimer also reports that Jones and her attorney had been shopping a book and/or screenplay based on her story. A producer of documentaries, Paul Pompian, bought the rights and is trying to make a film and have a book written to support it. When KBR found out, they demanded access to the manuscript and its supporting documents, which Jones’ attorney attempted to block by declaring the project “a work of fiction.”

As Mencimer says, that doesn’t mean Jones didn’t get raped in Iraq. The circumstances of the acknowledged single sexual encounter are murky, and one can also consider whether a woman so drunk as to incur amnesia can truly give effective consent to sex as an issue. Since this is a civil case and not a criminal prosecution, there is a lower standard of proof than in the DSK case in New York City. In both instances, though, the alleged victim appears to have misrepresented the facts of the case — and since both cases come down to the credibility of the victim, it’s likely that neither will get the outcome they sought.