This is going to be one heck of an interesting case. There are already so many glaring issues (or should I say “targets”?): venue, good faith filing, disclosures, the automatic stay the trustee question, fiduciary duties to pursue claims against insiders, executory employment contracts, the fate of Wayne LaPierre, and the generally overlooked governance provisions of the Bankruptcy Code. I’ll take quick aim at these all below.
Venue. Right off the bat, there’s a question of what the heck the NRA is doing filing in Dallas. The answer is that the NRA is engaged in one of the most blatant forum shopping maneuvers I’ve seen. The NRA is a New York non-profit corporation with its headquarters in Virginia. The NRA is claiming Dallas venue on the basis of an affiliate’s previous filing in the district. In other words, venue is only proper for the NRA if the venue is proper for the affiliate.Therefore, the propriety of the affiliate’s venue is what matters.
The affiliate is a sole-member Texas LLC called Sea Girt LLC that was only created 52 days ago, on November 24, 2020. Sea Girt’s bankruptcy petition indicates that it has less than 49 employees, under $50,000 in assets and between $50,000 and $100,000 in liabilities. Note that the petition form does not have an option of listing “zero” employees. Sea Girt’s petition does not include a completed Form 204, which would list is largest non-insider unsecured creditors. But I’m going dollars to donuts that Sea Girt does not have any outside creditors other than perhaps its law firm, and that it does not actually carry on any business.
Now the bankruptcy venue statute prescribes the appropriate venue as being the district in which the “domicile…of the entity that is the subject of such case [has] been located for one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than the domicile … of such person were located in any other district.” So even though Sea Girt LLC has not been in existence for 180 days, the statute still provides for a Texas venue. But the venue here is so obviously contrived and the NRA has no particular connect to Texas, so I expect there to be an attempt to have the case transferred to SDNY.
Good faith filing. A second immediate issue seems to be whether the NRA (and Sea Girt) filed in good faith. Every circuit including the 5th) has a good faith filing doctrine. The doctrine in a nutshell is that if a bankruptcy case does not have a “valid reorganizational purpose,” it should be dismissed “for cause.” Attempting to evade liability in litigation is not a “valid reorganizational purpose,” and the NRA’s press release seemed to me a version of the press release in SGL Carbon, the leading 3rd Circuit good faith filing doctrine case. In SGL Carbon, the debtor foolishly said that it was filing for bankruptcy just to stiff a competitor that had an antitrust suit against it and assured its other creditors that they would be paid in full. That sounds an awful lot like “dumping New York” while saying that all valid claims will be paid in full. (My students might recall me cautioning them that a debtor’s attorneys should insist that they get to sign off on all press releases and communications related to the bankruptcy for just this reason…) Now, the NRA isn’t looking to avoid paying NY. Instead, it is looking to escape NY’s jurisdiction. But that seems a distinction without a difference. It isn’t hoping to use bankruptcy to reorganize its finances, but to get out of the lion cage.
Snip.
Disclosure. Filing for bankruptcy is a bit like entering a fishbowl. Everything is on display. First, creditors are entitled to conduct an “examination of the debtor” under oath at the initial meeting of the creditors (the “341 meeting.”) Additionally, an individual creditor may under Bankruptcy Rule 2004 undertake an examination of the debtor. (And that includes creditors who are creditors by virtue of by claims–that could include gun-control groups among others.) There’s certainly room there for questions that get to the reasons for filing, namely whether there was any financial reason for filing.
Automatic Stay? Another issue is whether the bankruptcy filing will in any way stop the NY AG’s action to dissolve the NRA. At the very least, the automatic stay should not. There is an exception in section 362(b)(4) from the stay for regulatory actions that are not seeking money from the debtor, and the NYAG suit seems squarely in that exception. It’s possible that the NRA will seek a supplementary injunction from the bankruptcy court, however.
Trustee or Conversion. While I would expect a venue motion or a motion to dismiss the case, I would also expect a motion for appointment of a trustee or conversion to chapter 7 (which would trigger a trustee). The NRA seems like a classic case for this—there are credible allegations of serious financial impropriety involving the current management (namely executive VP Wayne LaPierre). That both fits into the “fraud, dishonesty, incompetence, or gross mismanagement” route for a trustee’s appointment, or into the “best interests of the creditors” route. Two key things if a trustee is appointed. First, the trustee will hold the NRA’s attorney-client privilege, not Mr. LaPierre. Mr. LaPierre will not be able to claim privilege for any conversations he had with the NRA’s attorneys. Second, a trustee has every incentive to pursue all of the NRA bankruptcy estate’s claims, including against Mr. LaPierre. That brings us to the next topic, the debtor in possession’s fiduciary duties.
Fiduciary duties. The NRA as debtor in possession is a fiduciary for all of its creditors. That means, among other things, that if the NRA has potential claims against Mr. LaPierre or others, including fraudulent transfer claims, it must pursue them. Mr. LaPierre as EVP cannot decide whether to litigate against himself. If he’s too conflicted, that will mean that the court will either have to appoint a trustee or let a creditors’ committee pursue the claims.
Snip.
The fate of Wayne LaPierre. Putting aside Mr. LaPierre’s employment contract, he’s got another problem. The NY AG suit isn’t just against the NRA. It’s also against Mr. LaPierre and some of his lieutenants. LaPierre and his lieutenants have not filed for bankruptcy, and even if the NRA is able to convert to a Texas corporation, the NYAG’s suit against Mr. LaPierre can still proceed. The NYAG is seeking restitution from LaPierre as well as a bar from his ever soliciting funds for a nonprofit in NY (not just for a NY nonprofit). Moreover, if NY is successful, it might well create problems for LaPierre serving as an officer of a nonprofit in another state. All of which is to say that the NRA fleeing to Texas doesn’t address Mr. LaPierre’s problems.
Once again, LaPierre is the millstone dragging down the NRA. The best outcome would be for the NRA to successfully reincorporate in Texas…but without LaPierre and his cronies bleeding the organization dry.
More than $6 million in taxpayer money flowed to Austin nonprofits affected by the COVID-19 pandemic, but taxpayers might never learn the identities of the organizations that got the money or get a chance to dig into their stated need for assistance.
Citing a little-known state law that government transparency experts are only now learning exists, the city has refused to turn over a list of the 365 nonprofits that were granted the funds.
The $6 million was funneled through the city from the federal government and distributed out of the Austin Nonprofit and Civic Health Organizations Relief fund, more commonly known as the ANCHOR fund.
On Oct. 19, the American-Statesman requested a list from the city of the fund’s award recipients. On Nov. 16, the city denied the newspaper’s request, saying in a letter to Texas Attorney General Ken Paxton that it thought the information was exempt from public disclosure and requested that Paxton’s office affirm that determination.
The law invoked by the city’s legal department, House Bill 3175, went on the books after the 2019 Texas legislative session.
Filed by state Rep. Joe Deshotel, D-Beaumont, the bill made confidential the name and other identifying information of individuals and businesses that apply for state or federal disaster recovery funds. The definition of disaster, as spelled out in the law, includes such things as floods, earthquakes and hostile military action. It also includes epidemics, such as the COVID-19 crisis.
The disclosure of federal relief dollars is not exempted from public records if the money is awarded by the federal government. For example, news organizations, including the Statesman, have obtained through public records the names of businesses that received financial assistance through the federal Paycheck Protection Program.
But under the new state law, Austin was able to withhold the identities of businesses that received assistance from the ANCHOR fund because the money, although originally from the federal government, went to the city before it was distributed to the nonprofits.
I just naturally assume the money was handed out as graft to members of the Homeless Industrial Complex, Greg Casar’s leftwing cronies, and various antifa/#BlackLivesMatter riot instigators (I’m sure there’s a lot of overlap between those categories).
Speaking of the homeless, Austin’s homeless situation continues to get even more out-of-hand. “It’s not uncommon to walk out the door and find a pile of human feces on the patio behind us.”
There’s also a petition drive to recall various City Council members who reinstated the homeless ban. But you have to live in their respective districts to sign the petition.
I know you’re going to be shocked, shocked to find out that the City of Austin give preferential treatment to leftwing businessesin the form of property tax breaks…including one for Mayor Steve Adler’s own law firm.
The National Rifle Association announced Friday that it has filed for bankruptcy and will move out of New York and restructure the organization as a nonprofit in Texas.
The nation’s leading gun rights advocacy group said that the move to Texas will enable the group to “exit what it believes is a corrupt political and regulatory environment in New York.”
“By exiting New York, where the NRA has been incorporated for approximately 150 years, the NRA abandons a state where elected officials have weaponized the legal and regulatory powers they wield to penalize the Association and its members for purely political purposes,” the NRA said in a statement.
New York Attorney General Letitia James filed a lawsuit seeking to dissolve the NRA in August, alleging that senior leaders of the group misused tens of millions of dollars, diverting the funds for personal use and other illegal purposes.
The NRA denied the allegations and filed a lawsuit of its own against James, accusing her of violating the group’s free speech rights and requesting that her investigation be blocked. The move to Texas and restructuring of the group could prevent the New York attorney general from seeking the dissolution of the group.
The group filed Chapter 11 petitions in U.S. Bankruptcy Court in Dallas, listing assets and liabilities of $100 million to $500 million.
There are a lot of good reasons for the NRA to move from New York to Texas apart from the lawsuit (though that’s a pretty big one), but it won’t be restored to a fully functioning organization until Executive Vice President Wayne LaPierre is gone.
The NRA has been in crisis for over a year because LaPierre has engaged in what appears to be systematic looting through contracts to media company Ackerman McQueen and other entities that seem very, very chummy with LaPierre:
This 100-page document…contains unprecedented disclosures of where the money categorized as expenditures for “fund-raising” and “public relations” actually went. For example, it was revealed for the first time the Mercury Group, an Ack-Mac subsidiary run by LaPierre’s closest confidant, Tony Makris, received $5.8 million from NRA in that year; another Makris-run company, Under Wild Skies, got $2.6 million. Meanwhile, NRA has nearly exhausted its $25 million credit line (secured by a mortgage on its headquarters building), liquidated $2 million from an investment fund, borrowed close to $4 million from its officers’ life insurance policy and extracted about $5 million in office rent and overhead from the NRA Foundation.
This, in the same year that NRA’s 10 highest-paid executives received compensation aggregating over $8 million.
Unfortunately, the NRA is structured so that LaPierre has more institutional power than the NRA’s elected President, something Oliver North found out. The NRA needs LaPierre out and a forensic audit to uncover past abuses before gun owners give it another dime. I’ve let my membership lapse because of the crooked self-dealing on display by LaPierre and his cronies, and I suspect there are millions of other gun owners like me. Instead I joined Gun Owners of America, because I know my membership fees won’t be going to line Wayne’s pockets.
No Lawyers – Only Guns and Money has been following every twist and turn of the NRA/LaPierre problems for years, so go over there and start reading if you want all the deep background on the situation.
In the “stop panicking” category: “Statehouse wins position GOP to dominate redistricting“:
An abysmal showing by Democrats in state legislative races on Tuesday not only denied them victories in Sun Belt and Rust Belt states that would have positioned them to advance their policy agenda — it also put the party at a disadvantage ahead of the redistricting that will determine the balance of power for the next decade.
The results could domino through politics in America, helping the GOP draw favorable congressional and state legislative maps by ensuring Democrats remain the minority party in key state legislatures. Ultimately, it could mean more Republicans in Washington — and in state capitals.
By Wednesday night, Democrats had not flipped a single statehouse chamber in its favor. And it remained completely blocked from the map-making process in several key states — including Texas, North Carolina and Florida, which could have a combined 82 congressional seats by 2022 — where the GOP retained control of the state legislatures.
After months of record-breaking fundraising by their candidates and a constellation of outside groups, Democrats fell far short of their goals and failed to build upon their 2018 successes to capture state chambers they had been targeting for years. And they may have President Donald Trump to blame.
“It’s clear that Trump isn’t an anchor for the Republican legislative candidates. He’s a buoy,” said Christina Polizzi, a spokesperson for the Democratic Legislative Campaign Committee, on Wednesday. “He overperformed media expectations, Democratic and Republican expectations, and lifted legislative candidates with him.”
Snip.
The biggest disappointment came in the seat-rich state of Texas, Democrats needed nine seats to reclaim the majority after flipping a dozen in the midterms. Though some races remain uncalled, so far Democrats were able to unseat one incumbent and Republicans offset that with another pickup.
Now Texas Republicans, retaining control of the Senate and the governor’s mansion, will have total authority over the drawing of as many as 39 congressional districts in the state. Democrats fear Republicans will pack and crack the rapidly diversifying suburbs to dilute unfriendly voters. Despite targeting 10 districts, Democrats failed to flip a single targeted seat in 2020 on the current map, which was drawn by the GOP roughly a decade ago.
There are plenty of things to worry about with Democrats control (by the skin of their teeth) the White House, the Senate and the House, but federalism provides strong state power as a counterbalance to the federal government.
A Massachusetts Institute of Technology professor and researcher who has received almost $20 million from the Department of Energy was arrested Thursday after he allegedly failed to disclose ties to the People’s Republic of China.
Mechanical engineering professor Gang Chen faces charges of wire fraud, failing to file a foreign bank account report, and making a false statement in a tax return, the U.S. attorney’s office in Boston revealed Thursday.
Prosecutors allege the 56-year-old professor, who is a naturalized U.S. citizen born in China, has held a number of positions on behalf of the PRC with the goal of promoting China’s technological and scientific capabilities.
They claim he shared his expertise directly with Chinese government officials “often in exchange for financial compensation,” including serving as an “overseas expert” at the request of the Chinese consulate in New York and a member of at least two PRC Talent Programs.
The Department of Energy has given Chen $19 million for research since 2013.
The president didn’t mention violence on Wednesday, much less provoke or incite it. He said, “I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard.”
District law defines a riot as “a public disturbance . . . which by tumultuous and violent conduct or the threat thereof creates grave danger of damage or injury to property or persons.” When Mr. Trump spoke, there was no “public disturbance,” only a rally. The “disturbance” came later at the Capitol by a small minority who entered the perimeter and broke the law. They should be prosecuted.
Actually, I think it’s been firmly established that the entry into the capitol occurred even before Trump stopped speaking.
Also not so much in the news: Israel launched its biggest airstrike in years against Iranian positions in Syria.
A senior U.S. intelligence official with knowledge of the attack told The Associated Press that the airstrikes were carried out with intelligence provided by the United States and targeted a series of warehouses in Syria that were being used as a part of the pipeline to store and stage Iranian weapons.
The official said the warehouses also served as a pipeline for components that supports Iran’s nuclear program.
Maybe the Islamic Republic of Iran expects that they can just ask the Biden Administration for highly enriched uranium directly…
Total crude oil imported from Saudi Arabia last week: Zero.
Two companies, Google and Apple, each control about half of the smartphone market. So when the two companies made a move against Parler, the conservative social media alternative, it effectively erased its app from existence. Joining the party was a third member of the FAANG Big Tech consortium, Amazon, which deplatformed Parler from Amazon Web Services.
AWS controls a third of the cloud marketplace. Microsoft and Google are in 2nd and 3rd place.
Blocking an app doesn’t permanently kill a social networking service, though it places it at a structural disadvantage, but Apple and Google can flag sites as unsafe through their browsers.
Originally, the social media giant and former favorite platform of President Trump claimed that it was simply a matter of accounts not verifying their information. Twitter claimed that until those accounts did so, they would simply not show upon follower accounts.
Well, the tune has been changed. As most suspected from the beginning, there is actually a widespread deletion of conservative accounts goings on under the guise of them being QAnon related. This has supposedly hit over 70,000 accounts so far.
Let me explain how this works. Basically any small amount that propagated the idea that the election was stolen is going to be lumped in as QAnon and targeted.
I don’t believe in QAnon conspiracies. I do believe the election was stolen.
“The world’s biggest gun forum was booted off the Internet because they can be.” In other news, Go-Daddy sucks. I hope AR15.com files a very expensive lawsuit against them.
Looks like Twitter didn’t quite erase Trump’s tweet history:
Gab CEO Pulls Off The Impossible For Trump… INCREDIBLE!
“Gab CEO completely backed up Pres. Trump’s Twitter account before it was deleted & recreated him on Gab! What’s even more impressive is he did this while traffic was up 700% & under attack..https://t.co/F3olVzPpYy
— Liberty Times & Politics #FreeSpeech (@dmills3710) January 13, 2021
There is a large segment of American society, maybe 15-20%, that has not had a president who represents their basic worldview for decades. These folks tend to be white, exurban or rural, believe in religious tradition and cultural conservatism without being regular church-goers, very patriotic, very pro-military, hostile to immigration and free trade, skeptical of big business, big government, and establishment experts, and in favor of entitlement programs and the safety net…
Ross Perot and Pat Buchanan appealed to this demographic to a large extent. Beyond that, the only major national figure I can think of in my lifetime who more or less represented them was George Wallace.
So along comes Trump who appeals to this constituency almost perfectly. Sure, he’s a rich New Yorker, but his outer-borough accent and mentality, scorned by the elite, reminds people that their own regional accents are also scorned by the elite.
This constituency used to be divided between Republicans and Democrats, which is one reason they lacked influence on presidential nominees, but they have shifted to be heavily Republican, which gave them a lot of influence on the nominating process in 2020 [I think he means 2016 here. -LP], and they chose Trump.
Trump, to almost everyone’s surprise, wins. So how do big government, big business, elite experts and so on, i.e., the establishment, react, from his fans’ perspective? Without even giving Trump a chance, they decree that he is illegitimate, that he needs to be resisted, and that his voters are beyond redemption; “this is 1932 in Germany” was not a rare reaction.
So, from these voters’ perspective, the one time in their lifetimes and much longer a president comes around who really speaks to their worldview, the establishment tries to destroy him. Rather than the anti-Trump sentiment persuading them, it makes them stronger supporters, people who see Trump as their weapon against an establishment that disparages them.
Intel ousts CEO Bob Swan and replaces him with Intel veteran Pat Gelsinger. Intel has stumbled so badly over the last few years that replacing Swan (who has a finance background) is probably overdue. Gelsinger spent 30 years at Intel, some as CTO, so maybe he has a good chance of ironing out their process problems.
Speaking of semiconductors, there’s a global chip shortage going on, with auto makers among the hardest hit. And it’s not from TSMC’s cutting-edge fabs, it’s from older, larger geometry fabs. And dependence on Chinese chips plays a role as well.
Democrats ❤ Communism:
Someone must have pinged @HaroldFordJr during his appearance on @SpecialReport just now and told him that his Mao was showing.
Portland police are taking longer than ever to respond to 911 calls? Just because the ruling democrats hate them and won’t back them up, refuse to charge habitual lawbreakings, and engendered a wave of retirements? Imagine that. (Hat tip: 357 Magnum.)
Burning in Hell watch: Lisa Montgomery, who strangled a pregnant mom to death and cut out her unborn baby to parade around as her own, was executed.
The Texas Public Policy Foundation’s policy orientation session for the 87th Texas Legislature starts today. Tickets for the live event are sold out, but you can still register to livestream the event here.
The event grid can be found here. Keynote speakers include Texas Governor Greg Abbott, Texas Lt. Governor Dan Patrick, Florida Governor Ron DeSantis, Texas Representative Chip Roy, journalist Kimberley Strassel and Kevin Robert, as well as usual TPPF stalwarts like Chuck Devore, Vance Ginn and James Quintero.
A couple of the more interesting panels I will try to catch: the plenary “Election 2020: What Happened and What Does it Mean for the Future?” at 4:30 PM today, “The Reasons Behind the Homelessness Explosion” at 9:45 AM on Friday (might have to catch a recording of that), and “Closing Keynote Luncheon: A Fresh Take: New Members Look Ahead to Congress 2021” with newly minted Texas representatives August Pfluger, Beth Van Duyne, and Tony Gonzales (three of whom you may remember from this ad) as well as California Representative Michelle Steel at 12:30 PM on Friday.
I attended TPPF’s orientation back in 2013, and it’s worth participating in if you’re interested in state politics.
At some point I’m going to finish a full-blown Texas Vs. California update. But like every other blog post I’ve got in the works, it’s taking longer than usual to complete. So instead, here’s California-to-Texas refugee Joe Rogan interviewing fellow California-to-Texas refugee Dr. Mark Gordon, who specializes in recovering from traumatic brain injury and has a line of neutracuiticals about the many problems of California and how badly they’ve handled the lockdown.
The political class (represented by a Speaker who flies home to San Francisco on her own government plane) has been largely insulated from the pathologies they have loosed upon the land. For a few hours yesterday they weren’t.
In a self-governing republic of citizen-legislators, that ought to be sobering and instructive. But, of course, it wasn’t. Still, I was surprised that even politicians and pundits could utter all that eyewash about “the citadel of democracy” and “a light to the world” with a straight face. It’s a citadel of crap, and the lights went out long ago: ask anyone who needs that $600 “relief”.
I despise the United States Congress, and not merely for the weeks I had to spend there during the Clinton impeachment trial: My contempt pre-dates that circus. It dates to the moment I first realized, as a recent arrival to this land, that when Dick Durbin or some such is giving some overwrought speech on a burning issue he is speaking to an entirely empty chamber – because there are no debates, because most of these over-entouraged Emirs of Incumbistan are entirely incapable of debate: See, inter alia, Ed Markey.
But the fact that they might as well be orating in front of the bathroom mirror isn’t why I despise it. It’s that the American media go along with the racket, and there’s only the one pool camera with the fixed tight shot so that you can’t see the joint is deserted and the guy is talking to himself. The wanker press is so protective of its politicians that it’s happy to give the impression that a boob like Markey is Cromwell in the Long Parliament.
I have never seen such rubbish in the House of Commons at Ottawa or Westminster or their equivalents around the Commonwealth – and it’s a charade in which the media are all-in.
So it’s a Potemkin parliament.
That leads easily to the next stage of decay – for why would a Potemkin parliament not degenerate further into a pseudo-legislature? The Covid “relief” bill is 5,593 pages. There is no such thing as a 5,593-page “law” – because no legislator could read it and grasp it. For purposes of comparison, the Government of India Act, which in 1935 was the longest piece of legislation ever drafted in British law and which provided for the government of what are now India, Pakistan and Burma, is 326 pages.
Oh, I’m sure paragons of republican virtue will object that no Indian or Burmese citizen-representatives were involved in that piece of imperial imposition. Well, no American citizen-representatives were involved in the Covid “relief” bill. The legislation was drafted not by legislators, nor by civil servants, nor even by staffers or interns. Instead, a zillion lobbyists wrote their particular carve-outs, and then it got stitched together by some clerk playing the role of Baron von Frankenstein. The “legislators” voted it into law unread, and indeed even unseen, as the Congressional photocopier proved unable to print it: It was a bill without corporeal form, but the yes-men yessed it into law anyway.
Whatever that is, it’s not a republic. As beacons to the world go, stick it where the beacon don’t shine. I wish no ill to anyone in the building, but I do support, during the next recess, its complete dismantling and the salting of the earth: it is not a “citadel of democracy”, only a sick perversion thereof. Whatever Sudan and Chad and Waziristan need, it’s not the US Congress.
Have you noticed that everything is a lie and a scam? Everything.
See, the problem starts when our elite realized that it could break the norms and betray the principles that we all thought we were all abiding by without accountability, at least for a little while. The Establishment realized that it can simply not enforce the norms, and then there will be a lag time while the normals continue on as if the norms were still in effect. It’s inertia – this is why you get these sad sack RINOs lecturing us on how we’re subverting the institutions when what we are really doing is pointing out that the institutions have subverted themselves.
It’s willful blindness to the corruption because the weakhearts don’t want to admit there is corruption because that would then require them to act. It’s easier to live on scraps.
Snip.
The structures and institutions of American society have all been in place with little real change for nearing a century. Nothing lasts forever though, particularly when they are run by grifty idiots. The disruption caused by the tech revolution has helped speed up inevitable processes of change – you know, the creative destruction we hear about in unwoke economics courses. The institutions we relied on – our churches, the NFL, the political parties – are now focused entirely upon preventing that inevitable change. The lackluster losers who inherited their sinecures in these institutions (not literally but by being adopted into the establishment by going to the right schools) want to maintain a status quo that is great for them and poison for the rest of us.
Joe Biden* is the quintessential example of this, a failed retread with zero accomplishments promising business as usual with a veneer of wokeness slathered on top of it all. He wants to hold on to his ruins. He’ll entrench his corporate masters and do everything he can to stifle the potential for reform and dissent. Remember when dissent was patriotic? Now, the media’s whole job is to angrily reaffirm the divine right of our garbage elite to rule us.
More:
Good news for the media: now that a fringe group of Trump supporters stormed the Capitol, the media can go back to slandering all 74 million people who voted for Trump as racists who are complicit in the overthrow of the republic, and calling for them to be silenced. Unity!
The most important leader at the beginning of the end of the Roman Republic was Tiberius Sempronius Gracchus, He was the guy who noticed that while the Roman Republic had swept all foreign enemies before it, the working class had suffered despite the great riches of empire. Tiberius Gracchus decided to run for public office despite his great family wealth, and to put forth his formidable political skills to benefit the Roman Working Joe. He failed, because the Roman political establishment buried their traditional political differences in the face of Gracchus’ challenge, and in fact had him killed.
In short, the Roman Deep State closed ranks to block needed reform. It was the beginning of the end of the Roman Republic as long cherished political norms (Mos Maiorum) were cast aside. And so two generations of the Roman political elite were exterminated in a civil war so profound that what was left of the exhausted Republican Elite welcomed the first Imperator with open arms because he ended the civil wars.
Throughout this whole period in Roman History, the Law was supreme. Of course, the Law bent to the prevailing political winds. As the Roman said, “The Law is harsh, but it is the Law”. Dura Lex, sed Lex.
Donald Trump is the Tiberius Gracchus of our day. He is the guy who noticed that while the American Republic had swept all foreign enemies before it, the working class had suffered despite the great riches of empire. Donald Trump decided to run for public office despite his great family wealth, and to put forth his formidable political skills to benefit the American Working Joe. He failed, because the American political establishment buried their traditional political differences in the face of Trump’s challenge, and in fact had him [well, we’ll have to see if they let him live free, or jail him, or kill him].
Democrats and their allies in the press spent the last four years accusing President Trump of being soft on Russia. And worse: Some called the president a Russian asset, a traitor, Putin’s patsy, and much, much more. It was all BS, because behind the rhetoric was the stark reality that Trump, and his administration, have actually been tougher on Russia than many of his predecessors. Now, with the president on the way out, one lone voice in the anti-Trump press — CNN, specifically — has spoken the truth out loud.
On CNN’s “New Day” on New Year’s morning, the network’s Fareed Zakaria was asked how U.S. Russia policy under the new President Joe Biden might differ from policy under President Trump. “I think in general, there isn’t going to be as much difference as people imagine,” Zakaria said. “The Biden folks are pretty tough on Russia, Iran, North Korea. You know, the dirty little secret about the Trump administration was that while Donald Trump clearly had a kind of soft spot for Putin, the Trump administration was pretty tough on the Russians. They armed Ukraine. They armed the Poles. They extended NATO operations and exercises in ways that even the Obama administration had not done. They maintained the sanctions. So I don’t think it will be that different.”
The dirty little secret??? It was never a secret at all. All of the actions Zakaria listed were well known public policy during the Trump years. Any of Zakaria’s colleagues, at CNN and in the press as a whole, might have cited them. But many instead chose to contribute to the media’s Russia hysteria that began even before the president was inaugurated and continued through the years of Trump-Russia special counsel Robert Mueller’s investigation.
Despite declarations to the contrary, Governor Greg Abbott’s decrees are still limiting businesses across Texas. Just because the business environment doesn’t suck as bad as California doesn’t mean it couldn’t be better.
And speaking of rich people moving to Austin, multimillionaire Joe Lonsdale wants to build a new tech city near Austin, complete with its own subway system. You could build your own city from scratch, but I think you need billionaire money to do it; mere multimillionaire money probably won’t cut it… (Hat tip: Cahnman.)
Overnight, a mob of antifa from Portland descended on the suburb of Tigard, where they tried to break inside the local police department. When that failed, they proceeded to smash up nearby businesses. This is 4th antifa riot in Portland-area since NYE. pic.twitter.com/5CZUnF7774
In our last installment of As The Lockdown Turns, Austin Mayor Steve Adler had tried to order Austin bars and restaurants to close at 10:30 PM for drinking and dining over the New Year’s Weekend. This, in turn, was was overturned by Texas Governor Greg Abbott, who notef that his own executive orders precluded this. Adler then appealed to District Judge Amy Clark Meachum, who denied the injunction sought by the state, and Travis County Judge Andy Brown stated “My priority during this pandemic is to protect the health and safety of our community.” As opposed to, you know, actually ruling on the law.
The state, in turn, appealed that decision to the Texas Supreme Court, which, in turn, just issued a rare New Year’s Day ruling which also told Adler to get stuffed:
IN RE STATE OF TEXAS; 3rd Court of Appeals District (03-20-00619-CV)
Without hearing oral argument, and having considered “Defendants Travis County and City of Austin’s Joint Response in Opposition to Plaintiff’s Application for Temporary Injunction,” we conditionally grant the petition for writ of mandamus and direct the court of appeals to issue relief under Texas Rule of Appellate Procedure 29.3, instanter, enjoining enforcement of Travis County’s County Judge Order 2020-24 and the Mayor of the City of Austin’s Order No. 20201229-24 pending final resolution of the appeal. Our writ will issue only if the court of appeals does not comply.
Strangely, the Texas Constitution does not allow elected Democrats to change laws because they really feel strongly about them…
A video from a press conference in Ukraine is going viral. It is the follow-up to a video press conference that Ukraine released over a year ago, in which Members of the Ukraine Parliament demanded that President Zelensky and President Trump investigate billions of dollars of corruption in Ukraine that is tied to the U.S. The newly released video is meant to provide documentary and eyewitness information about the corruption – and the Biden family figures prominently in the story.
Snip.
At one of the first press conferences about a year ago, we showed bank transactions for hundreds of thousands of dollars to the family of former US Vice President Joe Biden, namely to his son Robert Hunter Biden. The latter was a member of the board of directors of the infamous gas production company Burisma.
Burisma belongs to the fugitive Yanukovych-era minister Mykola Zlochevsky.
The inclusion of Biden in the Burisma leadership and payment for his services is nothing more than a political cover that protected Zlochevsky from the Ukrainian law, namely from the criminal code.
Two foreign witnesses whose identities are protected – Witness 1 and Witness 2 – came forward to testify about the facts of the case. Konstantyn Kulyk, the Head of the Group of Prosecutors of the Prosecutor General’s Office of Ukraine, explained what the witnesses offered:
One quote from a statement by a Witness:
“All the described financial transactions were fictitious. And a lot of money was paid in Ukraine so that the state authorities turned a blind eye to it.”
[snip]
In the period from November 2014 to October 2015, the Witnesses noticed strange recurring payments that, at the direction of Oleh Nelin (Zlochevsky’s assistant in the Verkhovna Rada of Ukraine), were sent from the account of BURISMA HOLDINGS LTD, which was opened for the personal needs of Mykola Zlochevsky, in the Latvian PrivatBank AS to the account of the American company ROSEMONT SENECA BONAI LLC.
The witnesses drew attention to these payments since about 20 times the same uneven amount was recurring – $83,333.33 as payment for consulting services.
[snip]
In the period from November 2014 to October 2015, the money stolen from Ukrainians, located on account of BURISMA HOLDINGS LTD with the Latvian PrivatBank AS, was transferred to the account of ROSEMONT SENECA BONAI LLC in the American bank MORGAN STANLEY in payments in total amounting to $3.4 million for consulting services.
And this handy chart:
The broad outlines of this have already been covered here, but the conference filled in some details.
So I guess there’s going to be a rally in Washington DC on Wednesday, organized by https://stopthesteal.us/. There’s also going to be rallies (protests?) in many state capitols on Sunday as well.
My question is, why? What, exactly, is the point of these demonstrations?
If the purpose is to just gather like-minded people together for one last good time rock and roll bash before the awful, awful Harris-Biden administration sets in, OK, I can see that. Just don’t delude yourself into thinking that something is going to change because of these rallies. No Democratic lawmaker is going to say “hey, look at all of those pro-Trump protestors out there. We’d better not certify the swing-state electors because maybe they’re right about election fraud.”
They’re not afraid of us.
Because we hold our rallies, listen to the scheduled speakers, clap politely, and march around carrying our protest signs in an orderly fashion, and then go home – after first cleaning up after ourselves.
At these rallies, we don’t wear masks to hide our identity, we don’t slug it out with the police, we don’t assault random passers-by and shout at diners through bullhorns at outdoor restaurants, we don’t vandalize and loot small businesses, we don’t break windows and we don’t cover the place with graffiti. And we don’t walk away from 100 tons of trash, which is the amount the city of Seattle had to clean up when they finally got around to busting up the CHAZ sh*thole last summer.
So why would they listen to us?
I am by no means advocating we start doing any of those things. This is an advantage the other other side has over us that we have to live with: politicians and judges are afraid of their protests, but not ours. Because if a judge rules against them, they’ll show up at his house late at night and threaten him. Nobody wants to have to face that. And I wonder why many of Trump’s election lawsuits got dismissed without so much as looking at the evidence. Is it because of the fear of the consequences if they found in his favor?
My point is, none of these rallies, and I don’t care if they get a million people, two million to show up on Jan. 6th, is going to move the needle in the slightest.
Slowly but surely, I think people are getting tired of Woke. None of us signed up to be ruled by a bunch of lachrymose sophomores who burst into tears because we insist they use the right toilet. Even liberals are getting sick of constantly having to navigate a minefield of microaggressions – it’s tiresome to always be worried that someone is going to freak out by your perfectly reasonable behavior. Look for a major star of some sort who is too big to cancel to simply refuse to play along anymore, and that may open the door to others. The SJW emperor truly has no clothes, and the second someone points and laughs at his/her/their shriveled junk, the entire country will join in the well-deserved mockery.
4. The Murder Turtle Will Be Even More Of A Hero Than Dick “The Savior of Saigon” Blumenthal
He’s frustrating, sure, but Cocaine Mitch is the most skillful knife fighter/Senate Majority Leader in American history, and whether or not we win in Georgia next week (I think we will, but not enough to put money on it – just don’t be an idiot and refuse to vote if you dwell in the Peach State), he will be our bulwark against the Democrat onslaught. And by “bulwark,” I refer to a strong, implacable defensive fortification, and not that lame blog written by sexually inadequate sissies that is hoping that the end result of 2020’s election is that they can once again round up suckers to pay good money to take their insipid Conservative Inc. cruises.
However, I doubt his number 1 prediction, that Biden won’t be president by next New Year’s Eve. As bad as Biden’s cognitive decline might be, I have a hunch that both Jill Biden and the DNC cabal that managed to install him will turn the reigns over to Kamala Harris anytime soon.
A Nevada mother has followed through on her threat to file a civil rights lawsuit against her son’s charter school for refusing to let him opt out of a mandatory class that promotes hostility toward whites as a race.
Democracy Prep at the Agassi Campus forced William Clark “to make professions about his racial, sexual, gender and religious identities in verbal class exercises and in graded, written homework assignments,” creating a hostile environment, the biracial high school student and Gabrielle Clark allege in their federal lawsuit filed Tuesday.
The senior’s statements were “subject to the scrutiny, interrogation and derogatory labeling of students, teachers and school administrators,” who are “still are coercing him to accept and affirm politicized and discriminatory principles and statements that he cannot in conscience affirm.”
The suit also names Democracy Prep Public Schools, the New York-based charter network, and several officials in the local school and network as defendants.
One of the earliest signals that 2020 would be a year of mass homeschooling appeared in an April survey of parents conducted by EdChoice. It asked a variety of questions about how families were coping with school shutdowns and revealed that more than half of the respondents had a more favorable view of homeschooling as a result of the school closures. I remember thinking at the time that if families thought homeschooling was tolerable during the springtime tumult and isolation, then they would find it far more fulfilling under ordinary circumstances when they could actually gather with others, visit libraries and museums, attend classes and so on.
In May, a RealClear Opinion Research survey confirmed that many parents were more satisfied with at-home learning than expected, with 40 percent saying they were more likely to choose homeschooling or virtual learning even after lockdowns ended. Around the same time, a USA Today/Ipsos poll found that 60 percent of parents surveyed said they would likely choose at-home learning in the fall rather than send their children to school even if the schools reopened for in-person learning.
As summer began, parent actions reflected pollster predictions. Many parents began pulling their children out of school and registering them as independent homeschoolers. During the first week of July, so many parents in North Carolina submitted their online intent to homeschool forms that it crashed the state’s nonpublic education website. Homeschool applications were up 21 percent in Nebraska in July, and 75 percent in Vermont, while grassroots homeschooling networks and local Facebook homeschooling groups reported record increases in new members.
Here’s Joe Rogan @joerogan blasting Awful Austin Mayor Adler @MayorAdler on the JRE podcast this week for telling everyone in Austin to stay home while he was in Cabo, Mexico pic.twitter.com/SB7HyiZo8t
