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Al Qaeda Urges Muslims In America To Exploit Gun Loopholes To Attack ‘Enemies Of Islam’

Congress is currently looking at two important fixes to keep guns out the hands of people shouldn’t have them. First, fixing the private sale loophole. In many states, attendees of gun shows and flea markets can negotiate private sales to purchase a firearm — including assault rifles — from unlicensed dealers without being subjected to a federal criminal background check. And second, individuals on the federal terrorist watch list are not excluded from purchasing firearms in the United States.

Last week, American-born al-Qaeda spokesmen Adam Yahiye Gadahn urged the terrorist group’s followers to exploit this so-called “terror gap“:

Muslims in the West have to remember that they are perfectly placed to play an important and decisive part in the jihad against the Zionists and crusaders and to do major damage to the enemies of Islam, waging war on their religion, sacred places and things and brethren.

This is a golden opportunity and a blessing from, Allah, subhanahu wa ta’ala, and a way to show one’s appreciation and thanks for this blessing is to rush to discharge one’s duty to his ummah and fight on its behalf with everything at his desposal. And in the West, you’ve got a lot at your disposal. Let’s take America as an example.

America is absolutely awash with easily obtainable firearms. You can go down to a gun show at the local convention center and come away with a fully automatic assault rifle, without a background check, and most likely without having to show an identification card. So what are you waiting for?

Watch it:

 

 

So it seems like it might be a pretty responsible and relevant idea to force individuals to go through a background check at gun shows and to prevent those on the terrorist watch list from purchasing firearms.

However, there are powerful people in this country that don’t want that to happen. The National Rifle Association is opposed to eliminating the gun show loophole. And, referring to the terror gap, an NRA spokesperson said recently that “it’s wrong to arbitrarily deny a law-abiding person a constitutional right.”

Republicans in Congress don’t seem to want to address these problems either. Last month, the House Judiciary Committee voted down an amendment that would have prevented those on the federal terrorist watch list from buying guns. All “nay” votes came from Republicans and all “ayes” came from Democrats.

The Government Accountability Office reported last year that suspected terrorists bought firearms and explosives from licensed dealers 1,300 times since 2004. And just last month, FBI data showed that 247 people on the terror watch list purchased guns in the last year.

New York City Mayor Mike Bloomberg and Boston Mayor Thomas Menino, co-chairs of the 550-member Mayors Against Illegal Guns coalition, issued statements in response to Gadahn’s video. “This video may help Washington understand that weak gun laws aren’t just a crime problem, they’re a national security threat,” Bloomberg said. “It has never been more clear — or more urgent,” Menino said, “that Washington must act swiftly on these proposals to protect national security.”

NEWS FLASH

Brewer Hires Conservative Superlawyer To Defend SB 1070 | Gov. Jan Brewer (R) announced today that she has hired former Solicitor General Paul Clement, one of the nation’s top appellate litigators, to defend her state’s unconstitutional immigration law. Clement has emerged as the right’s go to lawyer to defend its most indefensible policies, despite the fact that he is also one of the most expensive lawyers in the country. Clement is presently charging the American taxpayer $520/hr to defend the unconstitutional Defense of Marriage Act — which actually amounts to a discount from his normal rate. He will also argue against the Affordable Care Act later this week.

LA GOP Rep Defends Bill Banning Abortion, Compares Women Seeking Abortions To Heroin Addicts

As ThinkProgress’s Marie Diamond reported last week, the extreme anti-abortion group Personhood USA is making headway in GOP-led state legislatures across the country with efforts to turn abortion — and even forms of birth control — into “the legal equivalent of homicide.” While consistently faltering in Colorado, it seems the Personhood movement has a firm grip on Alabama, Mississippi, Georiga, Texas, Montana, Oklahoma, North Dakota, and now — Louisiana.

Today, the Louisiana House will debate a bill that would make abortion “a prosecutable crime for doctors who perform” a constitutionally-protected service or prescribe drugs with the intent of ending a pregnancy. Originally planning to prosecute women as well, the bill — introduced by state Rep. John Labruzzo (R) — now allows for medical exceptions but no exception for rape or incest. Labruzzo, who once suggested sterilizing poor women to lower welfare costs, was joined by a Personhood USA lawyer in a recent committee hearing to defend his radical efforts.

During the hearing, a fellow lawmaker noted LaBruzzo’s bill will have “unintended consequences when we do that broad brush” and questioned whether the bill would cause a “dramatic decrease on the abortion rate.” Sitting beside the Personhood lawyer, LaBruzzo dismissed her concerns and launched into a comparison between reproductive rights and drug abuse. To him, a woman who seeks an abortion is just like a heroin addict:

LABRUZZO: I can assure you if abortion is illegal, it will have a dramatic decrease in the number of abortions that take place. Now the opponents in the opposition argue that whether we make it illegal or not, people are going to get abortions. Well, we’ve illegalized [sic] murder and drugs for a long long time, and yet those crimes continue to take place. And it’s not our stance here to say that “just because people smoke pot and break the law or use heroin and break the law, then we should legalize it.” There are many who say we should. But we don’t agree, we don’t think so. We think it’s wrong and it’s best to keep it illegal…This is the pro-life bill. And I think you’d be in a difficult situation if you voted against this bill and tried to convince everybody that you are ardently pro-life.

Watch it courtesy of the Florida Independent:

But LaBruzzo is not the only right-wing representative in Louisiana’s anti-abortion game. Last week, a Senate committee passed state Rep. Frank Hoffman’s (R) bill that would further imperil woman’s access to health care by allowing anti-choice health care providers to summarily reject providing any kind of abortion service even if the woman’s health is at stake. In 2009, Louisiana passed a law allowing any health care provider to refuse abortion-related services if it “violates his conscience to the extent that patient access to health care is not compromised.” Hoffman’s bill would eliminate “the qualifier that a medical professional’s decision cannot threaten patient’s right to care.”

As Planned Parenthood’s Julie Mickelberry noted, the bill could “go well beyond abortion” and end up denying women access to birth control, “both conventional prescriptions and emergency contraception.” Under this bill, gynecologists could refuse to prescribe birth control, pharmacists could refuse to fill legal prescriptions for such birth control. Such refusals, Mickelberry adds, would be particularly harmful to “women in rural areas with limited health care options or fro women, regardless of where they live, whose insurance allows limited office visits.”

NEWS FLASH

Utah Women Accused Of Releasing Names Of Alleged Undocumented Immigrants Have Their Day In Court | Last year, two state workers were accused of releasing the names of 1,300 residents of Latino descent, along with their addresses, phone numbers, workplaces and in some cases social security numbers. Today, the women accused of disclosing the private information — Leah Carson and Scott Troxel — are scheduled to appear in court. The names were sent to media outlets and law enforcement agencies with a letter identifying the personal data as belonging to undocumented immigrants who “need to go and go now.”

NEWS FLASH

UN Declares Internet Access A Human Right | The National Journal reports: “The United Nations counts Internet access as a basic human right in a report that bears implications both to ongoing events in the Arab Spring and to the Obama administration’s war on whistle-blowers.”

Frank Hull Is A Woman, And Other Good Things To Know About The Eleventh Circuit Health Care Panel

Eleventh Circuit Judge Frank Hull

On Wednesday the Eleventh Circuit will become the third court of appeals to hear oral arguments in a lawsuit challenging the landmark Affordable Care Act. Although the legal significance of a case has very little to do with the identity of the parties, this case is likely to be one of the most closely watched ACA cases because its plaintiffs include more than two dozen Republican state officials acting on behalf of their states, and because the case against the ACA — weak though it may be — will be argued by conservative superlawyer Paul Clement.

The three judge panel hearing the case includes Chief Judge Joel Dubina, a George H.W. Bush appointee, and Clinton-appointed Judges Frank Hull and Stanley Marcus. Court-watchers, however, should be  cautious about reading too much into this panel because of its apparent partisan makeup. Judges Hull and Marcus are both compromise nominees Clinton selected in order to overcome obstruction from the Republican-controlled Senate — indeed, Judge Marcus is a Republican who was previously appointed to a federal district court by Ronald Reagan. Dubina’s partisan credentials might be a bit more secure, as his daughter is a GOP congresswoman who voted to repeal the ACA.

Nevertheless, it is unlikely that this panel will take the same Cee Lo Green attitude towards President Obama’s greatest legislative accomplishment that Judge Roger Vinson took in the court below. Vinson is the only judge in America to toss out the entire Affordable Care Act because he objects to just one provision — and he based his analysis of this question on a brief submitted by an anti-gay hate group. His opinion includes an entirely gratuitous nod to the Tea Party, and a Center For American Progress examination of his opinion identified at least 40 factual and legal errors. Because Vinson went so far out of his way to flag his Tea Party sympathies he could wind up spooking the Eleventh Circuit panel more than he stands to convince them to strike down the law.

ThinkProgress also spoke to several former Eleventh Circuit law clerks who believe that, while this panel does lean right, the ACA is unlikely to receive the same kneejerk opposition in the court of appeals that it received from Judge Vinson. Two former law clerks emphasized that Judge Marcus is a judicial minimalist who will not want to reach the constitutional merits unless he absolutely has to — and these lawsuits will have to overcome at least four procedural barriers before a court will be allowed to reach the merits. Both of the courts of appeals to hear challenges to the ACA have suggested that they may dismiss the case on procedural grounds, and even ultra-conservative Judge Jeffrey Sutton dropped hints last week that he may not be able to strike down the law.

One former clerk also pointed out that, while Hull has a reputation as a conservative, she earned this reputation largely based on her very conservative decisions in criminal and individual rights cases — cases where the conservative position is also the pro-government position. In cases seeking to limit Congress’ authority to regulate, all three of the panel’s judges have rejected conservative claims that a federal law exceeds Congress’ power to regulate interstate commerce. In other words, Hull’s record is consistent with that of a very conservative judge, but it is also consistent with that of a judicial minimalist such as Judge Marcus.

So the bottom line is that the Affordable Care Act will go to court Wednesday in front of a fairly conservative panel. At the same time, however, the case against the ACA is hindered by procedural barriers, an exceptionally weak district court opinion, and a panel that may be more inclined towards minimalism than towards the kind of maximalist judicial activism that drives this litigation. If Wednesday’s panel votes to uphold the law, that will be a very good sign that the law is on safe ground moving forward.

NEWS FLASH

Shameless Self Promotion | The Yale Law & Policy Review was kind enough to publish “Worse Than Lochner” an essay by your humble Justice Editor explaining the goals of the tenther movement and why tentherism can’t be squared with the Constitution.

U.S. Judge Will Allow Colombians To Sue Chiquita Over Support To Paramilitaries

For years, the families of Colombians who were injured or killed by right-wing paramilitary death squads have sought accountability from banana producer Chiquita, which has admitted to paying off many of these militias.

Now, Florida-based U.S. District Judge Kenneth A. Marra — a George W. Bush appointee — has ruled that lawsuits by these families will be allowed to move forward, rejecting the banana company’s request that the suits be thrown out:

A federal judge in Florida said Friday that lawsuits against Chiquita Brands International, filed by family members of thousands of Colombians who were tortured or killed by paramilitaries, will be allowed to go forward. [...]

Chiquita, which has admitted to making payments to paramilitaries, had asked for the suits to be dismissed, arguing it was a victim of extortion and has no responsibility for any crimes armed groups committed. But U.S. District Judge Kenneth A. Marra denied the company’s request, allowing plaintiffs to move forward with claims for damages against the company for torture, war crimes and crimes against humanity. He granted Chiquita’s motion to dismiss claims for damages related to terrorism.

Chiquita previously faced a $25 million fine from the U.S. after being found to be delivering payments to the Colombian United Self-Defence Forces, a group designated as a terrorist organization by the State Department.

Economy

Nobel Prize-Winning Economist Peter Diamond Withdraws Fed Nomination Due To GOP Obstruction

Richard Shelby thinks this Nobel laureate is unqualified to set monetary policy.

Last year, Federal Reserve Board nominee Peter Diamond won the Nobel Prize in Economics. Nevertheless, Senate Banking Committee Ranking Member Richard Shelby (R-AL) has held up Diamond’s nomination because he deemed the Nobel laureate too unqualified to help set economic policy. Yesterday, after it became clear that the Republican caucus would back Shelby and prevent his confirmation, Diamond published an op-ed announcing that he would withdraw his nomination — and taking a shot at the economically challenged Republicans who blocked his confirmation:

[W]e should all worry about how distorted the confirmation process has become, and how little understanding of monetary policy there is among some of those responsible for its Congressional oversight. We need to preserve the independence of the Fed from efforts to politicize monetary policy and to limit the Fed’s ability to regulate financial firms.

Concern about the (seemingly low) current risk of future inflation should not erase concern about the large costs of continuing high unemployment. Concern about the distant risk of a genuine inability to handle our national debt should not erase concern about the risk to the economy from too much short-run fiscal tightening. [...]

Skilled analytical thinking should not be drowned out by mistaken, ideologically driven views that more is always better or less is always better. I had hoped to bring some of my own expertise and experience to the Fed. Now I hope someone else can.

Diamond is correct to worry about an oversight process where key players possess neither the knowledge to do their job nor the humility to get out of the way of people who do. Shelby’s absurd claim that a man who was recently recognized as one of the world’s leading economists is unqualified to sit on the Fed does nothing more than reveal Shelby’s lack of seriousness. And, on the House side, monetary policy oversight is even worse. Rep. Ron Paul (R-TX), who chairs the subcommittee overseeing monetary policy, has claimed that paper money is “nothing short of counterfeiting,” and has even called the U.S. dollar unconstitutional.

Nor is this disease limited to monetary policy oversight. Republicans clearly know nothing about the Constitution. Leading Republicans have called everything from child labor laws to the ban on whites only lunch counters to the minimum wage to Pell Grants and federal student loans to Social Security and Medicare unconstitutional. And yet these same Republicans have demanded a sweeping veto power over President Obama’s judicial nominees. As a result, the Senate confirmed fewer judges in Obama’s first two years than in the same period in any new presidency in American history.

This is a recipe for disaster. If Senate Republicans want to actually take the time to learn something about the matters they oversee, than they have a duty to bring their expertise to bear in judging nominations. So long as they insist upon valuing ideology over knowledge, however, they should keep their ignorant hands away from things that they clearly do not understand.

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Justiceline: June 6, 2011

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice.

  • A Supreme Court decision requiring California to fix a prison crowding problem that is so severe it amounts to cruel and unusual punishment may wind up saving the state $2.3 billion a year in prison costs.
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