Listen to “Hawley Leads McCaskill, O’Rourke Outraises Cruz, Cuomo Vows To Sue Supreme Court” on Spreaker.
Jim Geraghty of National Review and Greg Corombos of Radio America are excited after a new poll shows Republican Josh Hawley leading incumbent Democrat Claire McCaskill in the Missouri Senate race. They also think Beto O’Rourke and the Democratic Party are wasting money on the Texas U.S. Senate race, as incumbent Republican Sen. Ted Cruz leads by 10 points. And they laugh at New York Gov. Andrew Cuomo, who pandered to his constituents by making the absurd claim he will sue the Supreme Court if they overturn Roe v. Wade.
New Leader Turning Heads in Europe
A new leader is making headlines in Europe. Sebastian Kurz, the youngest chancellor in Austrian history, burst onto the scene with an unusual combination of generally moderate politics and a strong stance on immigration.
Kurz is working hard to close his country’s borders to asylum seekers flooding Europe. He is invoking an European Union law that states that the country in which an asylum seeker first applies for asylum is responsible for that person. Since Austria is a landlocked country with EU member states on all sides, this would absolve Austria from taking in any asylum seekers they do not want to accept.
Kurz has also set his sights outside Austrian politics. Austria hosts the EU’s rotating presidency from July 1st- December 31st this year, and Kurz hopes to use this opportunity pass an European-wide solution to the crisis. His proposal would include refusing to allow refugees to land in Europe but would, instead, provide supplies for them in a third country outside the EU. Kurz has also been touted as the facilitator behind the Trump-Putin summit recently announced by the White House.
That summit is scheduled to take place in Helsinki on July 16.
‘It Is Exactly the Kind of Judge that We Need’
Brett Kavanaugh may not have been the first choice of social conservatives for the Supreme Court, but a leading voice in the Christian legal community is applauding the choice and hopes Kavanaugh will help take the court out of the business of policymaking.
President Trump tapped Kavanaugh, a 12-year veteran of the U.S. Court of Appeals for the D.C. Circuit, for the Supreme Court seat held by the retiring Justice Anthony Kennedy. Many social conservatives championed Judge Amy Coney Barrett for the nomination, but Liberty Counsel Chairman Mathew Staver is thrilled with the choice.
“It is exactly the kind of judge we need on the U.S. Supreme Court,” said Staver. “His credentials are impeccable. He is exceptionally qualified to sit on the U.S. Supreme Court as a justice.
“From a judicial philosophy standpoint, I think that is really what is of interest to most social conservatives or most people that are interested in the court and the rule of law,” said Staver.
Staver says he was very impressed with Kavanaugh’s 2017 speech in which he explained why the late Chief Justice William Rehnquist was his “first judicial hero.”
“He ultimately wanted to bring the court away from social policymaking, which it’s not supposed to do or be, to a rule of law entity, which is exactly what it’s supposed to do,” said Staver.
Kavanaugh has drawn concern from some social conservatives for stating in his confirmation hearings for the appellate court that he considers Roe v. Wade to be an established precedent. Staver says it is a mistake to conflate the role of an appellate court judge with a Supreme Court justice.
“[Appellate judges] have to follow the law as it’s been established by the U.S. Supreme Court, but a Supreme Court justice can actually have the opportunity to overrule bad precedent,” said Staver.
Another concern on the right is Kavanaugh’s 2011 decision siding with the government on a technical issue related to challenge to Obamacare. Again, Staver says the concern is unfounded.
Staver says the decision in question dealt only with whether it was appropriate for the court to take up the issue at that point, and that Kavanaugh was not addressing the merits of the law.
“Had he ruled on the merits, based on his judicial philosophy, he would not say that the commerce clause authorizes the government to force people to purchase a product or service. He’s actually said that before and even after that particular decision,” said Staver.
Staver was not a fan of Donald Trump during the 2016 GOP primary season but supported him in the general election against Hillary Clinton due to the Supreme Court seat vacated upon the death of Justice Antonin Scalia. Now that Trump has nominated Neil Gorsuch, who now sits on the court, as well as Kavanaugh, Staver says his trust in Trump’s nominations was well-founded.
“President Donald Trump has kept his promise. A lot of people voted for him because of the U.S. Supreme Court,” said Staver.
Staver doesn’t want Kavanaugh to join the court and make policy favorable to conservatives. He wants the court to get out of that business altogether.
“It needs to get out of politics. It needs to get out of social policymaking and the right justices can extricate the Supreme Court from social policymaking and put it back to where it’s supposed to be , an institution that respects and follows the rule of law,” said Staver.
However, Staver expects a vicious political fight precisely because he believes liberals want the court to keep making social policy they can’t advance legislatively. He also warns that George Soros and others will likely bankroll groups posing as conservatives opposed to Kavanaugh in order to create division on the right.
“I think there’s even going to be false, so-called conservative groups that are created by the left and make it look like there’s a division within conservatives and those that believe in the rule of law,” said Staver.
Nevada Attack Ad, Senate Stalled, Palin Says Comedian Mocked Vets
Listen to “Nevada Attack Ad, Senate Stalled, Palin Says Comedian Mocked Vets” on Spreaker.
Jim Geraghty of National Review and Greg Corombos of Radio America get a laugh out of Nevada Sen. Dean Heller’s attack ad, in which he exposes Democratic Senate challenger Jacky Rosen for lying about owning a business that never existed. They also call for Senate Republicans to act on hundreds of bills that the House of Representatives has passed but lie dormant in the upper chamber. And they think it’s time for a widespread rebuke of Sacha Baron Cohen’s comedy show where he impersonates a disabled veteran.
Assessing Kavanaugh on Criminal Justice
Every opinion rendered by Supreme Court nominee Brett Kavanaugh will be severely scrutinized as his confirmation process unfolds, but so far conservative advocates for criminal justice reform like what they see in Kavanugh’s record.
“He has a great record of really respecting the role of the judiciary and respecting the rule of law, defending the separation of powers, and resisting that temptation of judicial activism,” said Right on Crime attorney Haley Holik.
She says several cases show Kavanaugh’s reasoned approach and his balance between enforcing the law and having an instinct for protecting citizens from an encroaching government.
Holik specifically cited the case of U.S. v. Moore, a 2010 case ruled on by the Court of Appeals for the D.C. Circuit and which included a concurring opinion by Kavanaugh. The case centered on Marlin Moore and his conviction for writing a fictitious name while signing for a package delivered by the U.S. Postal Service. The incident was part of a larger drug investigation.
Moore was appealing his conviction for signing the fake name, claiming he had no idea it was a federal offense and that no warning was printed on the form he signed.
Kavanaugh agreed with the court’s decision to uphold the conviction while stating there could well be circumstances where people might have grounds to challenge such a conviction for not knowing they committed a crime in what are known as § 1001 cases. The legal term at issue is known as mens rea.
“As many others have noted, § 1001 prosecutions can pose a risk of abuse and injustice. In part, that’s because § 1001 applies to virtually any statement an individual makes to virtually any federal government official — even when the individual making the statement is not under oath (unlike in perjury cases) or otherwise aware that criminal punishment can result from a false statement,” wrote Kavanaugh.
“To be sure, in many false statements cases the Government will be able to easily prove that the defendant knew his conduct was unlawful. But in some cases, it will not be able to do so — and those of course are precisely the cases where it would seem inappropriate and contrary to § 1001’s statutory text to impose criminal punishment,” added Kavanaugh.
“He indicated that perhaps he could have looked at Supreme Court precedent and applied it differently and come to a different conclusion because mens rea is so important to the foundation of criminal law,” said Holik.
She says Kavanaugh’s concern for determining whether someone knowingly committed a crime is an important step in establishing an effective criminal justice system.
“He has really shown this jurisprudence that he values this traditional presumption of needing a mental culpability when you’re dealing with these cases,” said Holik, who also appreciates Kavanaugh for limiting his decisions to the issue at hand.
“At the same time, he’s always ruled only on the scope of the legal challenges that have been raised. That’s important, again, because he has resisted judicial activism,” said Holik.
Holik says having a standard like that is good for all Americans as the federal government keeps piling on laws that most people know nothing about.
“Overcriminalization at the federal level is this phenomenon that maybe your listeners are familiar with. It’s whenever the government criminalizes activities that aren’t typically what of you and I think of as being criminal in nature.
“There’s kind of this anecdote out there that we commit three to seven federal crimes a day. That’s largely due to the fact that the federal government, these non-elected agency officials, keep creating laws that are redundant, meaning the state already has a law that criminalizes this or just doesn’t include a criminal intent element,” said Holik.
Former Democrat Runs as a Republican for North Carolina Supreme Court
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By Joshua Paladino
North Carolina’s Republican-controlled General Assembly voted in 2017 to eliminate primary elections for judicial races and allow candidates to declare their party affiliation upon filing for office.
But now the reform will likely hurt the Republicans in the 2018 North Carolina Supreme Court election.
Until last week, incumbent Justice Barbara Jackson, a Republican, was set to face Democrat Anita Earls in the general election. At the last minute, however, attorney Chris Anglin filed to run as a Republican.
Anglin was a registered Democrat until June 7. His last-minute affiliation change has roused suspicion in the GOP that he plans to split the Republican vote and give Earls an easy victory.
Dallas Woodhouse is executive director for the North Carolina Republican Party, rejected Anglin’s candidacy, adding that the party supports Jackson’s reelection effort.
“The party has endorsed somebody, and he will be treated like the enemy he is.”
Anglin called himself a “constitutional Republican” and denied intent to undermine Jackson’s campaign, saying “I filed as a Republican to stand up for the independence of the judiciary.”
The North Carolina Democratic Party denied any involvement with Anglin’s candidacy.
Kavanaugh Nominated, Missing out on Amy Barrett, SCOTUS Conspiracy and Protests
Jim Geraghty of National Review and Greg Corombos of Radio America celebrate President Trump’s pick, Judge Brett Kavanaugh, to replace Justice Anthony Kennedy on the Supreme Court. They also reflect on what could have been had Trump nominated Catholic, conservative, mother-of-seven Judge Amy Coney Barrett. And they dismiss the single-source claim of NBC Reporter Leigh Ann Caldwell that Kennedy negotiated his replacement to be Kavanaugh before he stepped down. They also highlight the volatile protesters, who appeared with signs to reject any candidate that Trump selected and who forced Fox News Host Shannon Bream to cancel her show outside the Supreme Court.
Haitian Unrest Puts Mission Trips on Hold
Protests sparked by sudden spikes in fuel prices have roiled Haiti since Friday. As the unrest continues, numerous American missions trips are on pause, unable to reach their destinations to help the desperately poor in the most impoverished nation in the western hemisphere. So what is it like to arrive in a foreign land to this kind of chaos? When might some semblance of order be restored? And what kind of missions work will be done once it’s safe to travel again? We discuss it all with Marcus Lynn, senior pastor at First Christian Church in Versailles, Kentucky.
Trump Has ‘Upper Hand’ in Disarming North Korean Nukes
North Korea is bristling at American the verification demands for the dismantling of its nuclear program, but one prominent expert believes the Trump administration’s hardball tactics got Kim Jong-Un to the negotiating table and will likely lead to him truly abandoning his nukes as well.
Over the weekend, North Korea accused Secretary of State Mike Pompeo of engaging in “gangster” tactics for making a number of unilateral demands for North Korean disarmament.
The negotiations themselves followed international reports that North Korea was upgrading its primary enrichment site at Yongbyon and two other facilities. There is also evidence that North Korea is moving forward with its ballistic missile program.
Population Research Institute President Steven Mosher doesn’t see North Korean cheating as evidence that the deal is collapsing but as proof the Trump administration intends to see the entire nuclear program reduced to rubble.
“I think the Trump administration is leaking intelligence reports to the media in order to put Kim Jong-Un on notice that we are watching,” said Mosher.
“We’re putting Kim and his people on notice that if they do not tell us exactly where all the missile launch and manufacturing sites are, all the centrifuges are, all the nuclear sites, all the nukes they may have in storage somewhere,” said Mosher.
And despite the North Korean pushback on Trump’s tactics, Mosher is confident Kim will ultimately comply.
“My guess is that he is (going to go along with nuclear disarming). I hope he understands that the sanctions will not be lifted unless he denuclearizes. He knows, I think, that the president has his number. I think that’s why the U.S. has the upper hand in these negotiations,” said Mosher.
Mosher says Trump caught Kim off guard by not communicating in the same manner as his predecessors. He says Trump’s threatening Kim with “fire and fury” and comparing the sizes of their nuclear buttons appears to have rattled Kim.
He also asserts that Trump promising to help revitalize the North Korean economy once the nukes are gone is a major attraction for Kim. But even if all of that happens, Mosher says the Kim regime’s days are numbered.
“[Trump] made clear in Singapore that he can make life in North Korea much easier. Kim Jong-Un can stay in power. His economy can develop and his people will be much better off.
“Now think about his other options. I believe we’ll see other steps taken to lock up the North Korean regime inside the hermit kingdom that it really is. That will eventually lead to the collapse of the regime,” said Mosher.
One of the other options is for Kim to demonstrate the power of his arsenal with a desperate pre-emptive strike on the U.S. or one our allies in the region. Mosher says that would be a colossal mistake.
“If he tries some sort of pre-emptive strike against the South, that would only accelerate this process. He would be driven back. The Chinese would be forced to intervene again. He would be signing his death warrant and all but inviting China to absorb his half-kingdom,” said Mosher.
Even though China keeps North Korea afloat economically, there’s no great love for the Chinese in Pyongyang. Mosher points out that the government forces women impregnated by Chinese men to undergo abortions so as not to pollute the race.
But China is another reason Mosher thinks Kim will eventually play ball and get rid of his nuclear program. He says Trump has China in a position of weakness as well.
“We’ve caught China cheating on the sanctions a half dozen times already. We caught them cheating on land when the trucks and the trains were still going into North Korea carrying Chinese goods. We caught them at see when they were doing at-sea fuel transfers and goods transfers. Satellite photos showed they were Chinese ships doing the cheating.
“And we caught them again just a couple of weeks ago, when Chinese businesses were rushing into North Korea, anticipating the lifting of the sanctions. We said, ‘Wait a minute. The sanctions are still in place.’ Beijing has ordered all the companies and their representatives back to China,” said Mosher.
Mosher says China is also cautious about flouting sanctions due to the resurgent American economy.
“The American economy may grow faster than the Chinese economy this year. They’re claiming six percent growth but that probably a 30 percent exaggeration. The real growth is about four percent. They have an aging population because of the one-child policy, a shrinking workforce.
“They have huge government corruption and they have off the books debt that is just enormous, probably 300 percent of GDP,” said Mosher.
So what are the demands that have North Korea so upset over the past few days? Mosher hopes Pompeo is leaving no wiggle room for Kim to cheat on his promises.
“You have to have verified, irreversible denuclearization of North Korea. We have to have American teams of inspectors going in there, unrestricted by any conditions of when you can visit a site and how often you can visit a site and where you can go.
“We’ve denuclearized countries before. We went into Ukraine after the collapse of the Soviet Union and de-nuked that country in a couple of years. We know how to do it if we have access,” said Mosher.
If North Korea fails to allow that kind of access or reneges on it’s promises, Mosher says the consequences should be severe.
“I think the sanctions can be tightened even further. We have to make sure that China’s not cheating. Russia needs to be sidelined as well. They’re both spoilers. They’ve violated the sanctions regime in the past. If we’re not watching and putting pressure on them, they’ll violate the sanctions regime in the future.
“I think we also have to ask countries to send the North Korean workers home who are working in their countries. That’s a big source of revenue for Pyongyang,” said Mosher.
He also says the U.S. could put the North Korean economy in a vise grip to compel compliance.
“Finally, I think we need to consider blockading North Korean ports to stop North Korean trade through the oceans. If we do that, we can then sit back and watch the North Korean economy gradually grind to a halt. That, if anything, will bring Kim Jong-Un back to the negotiating table to get serious this time,” added Mosher.
Thai Cave Rescues, Media SCOTUS Scramble, Hillary 2020?
Listen to “Thai Cave Rescues, Media SCOTUS Scramble, Hillary 2020?” on Spreaker.
Jim Geraghty of National Review and Greg Corombos of Radio America herald the divers successfully rescuing the young Thai soccer players trapped in the cave and pray everyone else can be brought to safety tomorrow. Greg rolls his eyes at reports that Hillary Clinton may be planning a 2020 presidential bid but Jim explains how a crowded field and the notion that history robbed her in 2016 could propel her to the nomination. And they get a kick out of the media pumping out conflicting reports about which of the final four Supreme Court possibilities will be chosen by President Trump today.