Category Archives: Constitution

Why it’s not illegal to hack those WikiLeaks emails

In recent days, the Obama administration and Hillary Clinton have made bombastic threats of cyber-attacking Russia because they claim Russia had hacked into those DNC, Hillary and Podesta emails released by WikiLeaks, which are embarrassing and damaging to Hillary’s presidential ambitions.

See “Who really hacked the WikiLeaks emails? – Russia, Romania or the CIA?

However, neither Hillary nor the Obama administration has given any evidence that Russia is the hacker, although that hasn’t stopped the media whores from  parroting that allegation as truth. Indeed of solid evidence of Russia’s hacking, what the administration said in its press release on this matter is that the U.S. intelligence community merely “is confident” that the Russian government is the hacker.

In other words, the U.S. is prepared to instigate a likely World War III by going to war — cyber or military — against Russia based on the CIA’s vague sense of “confidence”.

Donald Trump pointed that out in the second 2016 presidential debate on October 9. In response to Hillary saying “Our intelligence community just came out and said in the last few days that the Kremlin, meaning Putin and the Russian government, are directing the attacks, the hacking on American accounts to influence our election,” Trump stated a simple truth:

“She doesn’t know if it’s the Russians doing the hacking.”

Hillary’s media whore, CNN’s Chris Cuomo, even declared that we must not read those emails because “it’s illegal to possess [and read] these stolen documents” — which is rich, coming from Cuomo who had openly admitted that the media are whole-hog for lawless Hillary, saying “We couldn’t help her any more than we have, she’s got just a free ride so far from the media, we’re the biggest ones promoting her campaign.”

In other words, it’s illegal only when we the little people do it, but it’s okay for Hillary to conduct business as U.S. secretary of state with an unsecured email server, in direct violation of State Department rules and U.S. law.

Instead of reading those hacked emails ourselves — which is “illegal”! — Cuomo says we are to rely on media whores like him to read those emails — which is legal! — and tell us what’s in those emails. But as UCLA law professor Eugene Volokh pointed out, “The First Amendment offers the same protection to the media as to the rest of us…, the media has no more First Amendment rights than the rest of us.”

But is possession (and reading) of the hacked emails by us little people really illegal?

William Dunkerley, a media business analyst and the author of Ukraine in the Crosshairs (2014 Omnicom Press) and Litvinenko Murder Case Solved (2015 Omnicom Press), maintains that the hacked emails are not stolen because they are in the public domain because no one owns them. And since the emails are not owned by anyone, how then can they be stolen?

In an article for Russia Insider on Oct. 18, 2016, Dunkerley writes:

The issue here is whether or not any documents were stolen. Some suggest that they instead have been leaked by an insider. But no evidence of a leak has been presented.

The overarching issue, however, is that there is no legitimate legal theory under which the documents could have been stolen. Here’s why. For something to have been stolen there must be an owner from whom it was stolen. The fact is that no one had legal ownership of those State Department documents.

On the surface that may sound preposterous. They were indeed State Department documents after all.

But nothing was taken physically. No papers were removed from any premises or taken away from any person. What’s at issue here is “intellectual property.” The body of law that deals with content such as the emails in question is US Copyright Law. It allows a person or organization to own intellectual property.

That law does not protect the emails in question, though. That’s because the law specifically exempts content produced by federal government employees as a part of their jobs. It is considered to be in the public domain. There is no owner. There is no one to have stolen from.

Then there is the question of why the Clinton campaign is focused on whomever or however the emails were obtained. If the Russians had done the hacking, and for all I know they very well may have, why is Russia being blamed for the publication?

Isn’t the publication of the emails the source of Clinton’s embarrassment? Why isn’t Wikileaks the focus of Hillary’s angst? If Russia had just put hacked emails in a vault, would the Clinton campaign be so aggrieved?

That points to the essence of this whole Russian hacking story. It really doesn’t matter who got the ball rolling. It’s the publication of the emails that hurts. And the publication of public domain content does not infringe anyone’s copyright.

I suspect that Russia is being targeted as part of a provocation. Even the use of the word “stolen” is pejorative.

Which then explains why the Obama administration is instrumental in cutting off WikiLeaks founder Julian Assange’s Internet connection. (See “The Evil Empire strikes back: WikiLeaks’ Internet connection severed; RT’s bank accounts frozen“)

On October 16, Assange’s Internet service was intentionally cut off by “a state actor,” identified by WikiLeaks as the government of Ecuador. Assange has been holed up in the Ecuador embassy in London for the past 4 years.


On October 18, WikiLeaks tweeted that they were told by “multiple U.S. sources” that the Obama administration had pressured Ecuador to sever Assange’s Internet connection:

wikileaks-tweet-on-john-kerry“FARC peace negotiations” refers to the ongoing negotiations between the Columbian government and the country’s largest Marxist rebel group — the Revolutionary Armed Forces of Colombia (in Spanish, Fuerzas Armadas Revolucionarias de Colombia or FARC), a guerrilla movement in the continuing 5-decades long Colombian armed conflict since 1964.

An article on makes an interesting observation:

Whether the State Department [John Kerry] was the only entity placing pressure on Ecuador on behalf of the Clinton campaign, or whether Wall Street also intervened directly, is unclear. The timing of the Internet cutoff, in the immediate aftermath of the release of Clinton’s Goldman Sachs speeches, may be more than coincidental.

In the spring of 2014, the government of Ecuador agreed to transfer more than half of its gold reserves to Goldman Sachs Group Inc. for three years, in an attempt to raise cash to cover a growing deficit brought on by the collapse in oil prices. It reportedly sent 466,000 ounces of gold to Goldman Sachs, worth about $580 million at the time, in return for “high security” financial instruments and an anticipated profit on its investment. It is hardly a stretch of the imagination to believe that such a relationship would give Goldman Sachs considerable leverage in relation to the Ecuadorian government.

In any case, it is evident that the US ruling establishment is growing increasingly desperate to stanch the flow of previously secret emails and documents that are exposing the real character not only of Clinton […]

The transcripts of Clinton’s speeches to Goldman Sachs and other top banks and employers’ groups, for which she was paid on average $200,000 per appearance, are the most incriminating. They expose the workings of the oligarchy that rules America and the thinking and actions of a politician prepared to do anything to advance the interests of this ruling stratum, while simultaneously accruing ever greater riches and power for herself.

While on the campaign trail, Clinton has postured as a “progressive,” determined to hold Wall Street’s feet to the fire. But in her speeches to Goldman Sachs, she made clear her unconditional defense of the banks and financial houses. Under conditions of popular outrage against the bankers and their role in dragging millions into crisis in the financial meltdown of 2008, Clinton gave speeches praising the Wall Street financiers and insisting that they were best equipped to regulate themselves. She apologized to them for supporting the toothless Dodd-Frank financial regulatory law, saying that it had to be enacted for “political reasons.”

In front of her Wall Street audiences, Clinton made clear she had no inhibitions about ordering mass slaughter abroad. While telling her public audiences that she supports a “no-fly zone” in Syria as a humanitarian measure to save lives, she confidentially acknowledged to her Goldman Sachs audience that such an action is “going to kill a lot of Syrians” and become “an American and NATO involvement where you take a lot of civilians.” In the same speech she declared her willingness to bomb Iran.

The emails have laid bare the nexus of corrupt connections between the State Department, the Clinton Foundation, her various campaigns and her network of financial and corporate donors, which together constitute a quasi-criminal influence-peddling enterprise that could best be described as “Clinton, Inc.”

The revelations contained in the WikiLeaks material have been ignored or downplayed by the corporate media, which instead has focused unrelentingly on the charges of sexual misconduct leveled against Clinton’s Republican rival, Donald Trump.

H/t Will Shanley


How’s that gun control working in Chiraq? 7 killed, 31 wounded in weekend shootings

About as well as you’d expect…

black lives matter

From MyFoxChicago: Seven men were killed and at least 31 others have been wounded in shootings across Chicago since Friday evening, according to Chicago Police.

The weekend’s latest homicide happened Saturday morning in the Little Village neighborhood on the Southwest Side.

About 7 a.m., officers responding to reports of shots fired in the 2600 block of West 23rd found 26-year-old Vincent Zarco unresponsive with a gunshot wound, according to police and the Cook County medical examiner’s office. Zarco, who lived in the 2400 block of Wesley Avenue in Berwyn, was taken to Mount Sinai Hospital, where he was pronounced dead at 7:25 a.m., authorities said. Officers also saw a vehicle drive away from the scene. When they attempted to pull it over, the driver threw a gun out of the window. The two occupants of the vehicle were taken into custody and were being questioned by Area Central detectives Saturday morning.

Several hours earlier, a man was shot to death in the South Side Woodlawn neighborhood. A vehicle pulled up to the 26-year-old man about 4:30 a.m. in the 6100 block of South Rhodes, and someone inside shot him in the neck. He was taken to the University of Chicago Medical Center, where he died, police said. The medical examiner’s office has not yet released his name.

Friday night, another 26-year-old man was slain in the West Rogers Park neighborhood on the Northwest Side. He was outside at 8:55 p.m. in the 6000 block of North Talman when a group of people walked up and fired shots, hitting him in the chest, police said. He was taken to Saint Francis Hospital in Evanston, where he was pronounced dead at 9:35 p.m., authorities said. His name has not been released.

About 8:15 p.m., a mass shooting in the East Garfield Park neighborhood on the West Side left one person dead and six more wounded. They were standing together in the 3300 block of West Maypole when someone in a black vehicle going east opened fire, police said. Three men, ages 26, 27 and 34, suffered gunshot wounds to the arms and legs and took themselves and 32-year-old Jeffrey Brinson to Mount Sinai Hospital, authorities said. Brinson, who suffered multiple gunshot wounds, was pronounced dead at 8:33 p.m. The men were all listed in good condition. Also, a 31-year-old man was shot in the left arm and a 22-year-old woman was shot in the right foot, police said. Both were taken to Stroger Hospital in good condition. A 21-year-old woman suffered a graze wound to the face and was treated at the scene.

At least 24 more people have been wounded in other shootings since about 5:40 p.m. Friday.

Heckuva job mayor...

Heckuva job mayor…

Read about all the shootings here.


Ruth Bader Ginsburg on Kaepernick protests: ‘I think it’s dumb and disrespectful’


From CNN: Justice Ruth Bader Ginsburg, never shy to weigh in on the controversies of the day, said she thinks “it’s really dumb” for San Francisco 49ers quarterback Colin Kaepernick and others to refuse to stand for the national anthem. But the 83-year-old justice said she “wouldn’t lock a person up for doing it.”

Ginsburg made the comments to Yahoo’s Katie Couric while promoting her book “My Own Words.”

In the interview, Ginsburg steers clear from criticizing presidential candidate Donald Trump but calls the rhetoric from the election cycle “distressing.” She updates her health status, her thoughts on Hillary Clinton and Merrick Garland’s nomination and admits, to an amazed Couric, that she’s never even seen the famous parody of her on “Saturday Night Live.”

Of Kaepernick and others she says, she thinks their actions are “dumb and disrespectful”. “I would have the same answer if you asked me about flag burning. I think it’s a terrible thing to do, but I wouldn’t lock a person up for doing it. I would point out how ridiculous it seems to me to do such an act.

In 1989, before Ginsburg joined the court, the Supreme Court held that the conviction of a man named Gregory Lee Johnson for burning the flag was inconsistent with the First Amendment.

Of the athletes, Ginsburg said, “if they want to be stupid, there’s no law that should be preventive. If they want to be arrogant, there’s no law that prevents them from that. What I would do is strongly take issue with the point of view that they are expressing when they do that.”

Ginsburg’s words were similar to the comments that the late Justice Antonin Scalia made when he was asked about his vote in favor of Johnson in the flag burning case.

“If I were King,” Scalia told CNN’s Piers Morgan in 2012, “I would not allow people to go about burning the American flag. However, we have a First Amendment, which says that the right of free speech shall not be abridged.”



“I have said everything I’m going to say about the current election,” Ginsburg told Couric and refused to discuss her comments last summer when she said she regretted calling Trump a “faker” among other comments to journalists.

She laughed, though, when Couric brought up a tweet by Trump that said Ginsburg’s “mind is shot.” “I’m not on Twitter, and I think I would not have responded,” she said.

She also refused to to speak directly to whether one could ban an entire religious group from entering the country in case that question could come before the court. But she did speak in personal terms about signs she saw as a young girl in the roadside in New Jersey that said “No dogs or Jews allowed.”

“All I can say is I am sensitive to discrimination on any basis because I have experienced that upset,” she told Couric. She said she looked at the sign and said to herself, “I am a Jew, but I’m an American, and Americans are not supposed to say such things.”

Ginsburg said “I’m proud of the US as a country that welcomes all sorts of people.”

She called the rhetoric of the election “distressing” but said she was “hopeful it will go away.”


Clinton and Garland

Calling Garland “eminently qualified,” she reiterated her belief that the Senate should hold a vote but “it’s the Senate’s prerogative.” She added, however, that the court is “handicapped” without nine justices. Asked whether she said Clinton would re-nominate Garland, if she were to win the election, Ginsburg said, “your guess about what she would do is as good as mine.”

She also praised Clinton. “It’s very refreshing to see a woman with the knowledge that she has, with the poise and the command of language,” Ginsburg said.


During the interview, conducted before the start of the term last week, she said, “I’m still as excited about this new term about to start as I was in my first term here.” She said she “won’t be here forever,” but that at her age, she has to ask herself the question each year. “I can tell you this year, I’m fine, I’m OK … what will come next year, I don’t know.”

Ginsburg reminded Couric that she still can do 20 pushups and was dismissive when Couric asked if she performed so-called “girls pushups.”

“Oh no, no, no, the real ones,” Ginsburg responded. She was asked about the infamous “Saturday Night Live” skit, where comedian Kate McKinnon portrays her. She said she hadn’t seen it.  “What is this SNL?” she queried.


Rich bimbo who wants stricter gun control laws in the US gets robbed at gunpoint in strict gun-controlled France

Kim Kardashian

Kim Kardashian: ““I’m not a gun person,” she said. “I think we need gun control. We don’t have strict enough gun control laws.

From TMZ: Armed gunmen broke into Kim Kardashian‘s Paris apartment, taped her mouth shut and stole more than $10 million in jewelry.

There were 5 gunmen, posing as cops, who threatened the concierge and made him open the door to her room. Our sources say at least 2 gunmen bound and gagged Kim with handcuffs and tape and then put her in the bathtub. We’re told Kim begged them to spare her life, telling them she had babies at home.

The gunmen knew exactly what they were doing … we’re told they beelined it for her jewelry and took a $4.5 million ring and a jewelry box.

After the gunmen left she was able to break out of the restraints and called for help. We’re told Kim was badly shaken but unharmed, calling it “the worst moment in my life.” She was interviewed by police and then hurriedly left Paris by private jet.


FYI: Gun laws in France.


Oregon judge says all guns in U.S. should be dumped in ocean

From The Oregonian: As the killer stood before him, Judge Kenneth Walker couldn’t stay silent. “If I could I would take all the guns in America, put them on big barges and go dump them in the ocean,” the judge told the defendant. “Nobody would have a gun. Not police, not security, not anybody. We should eliminate all of them. We could save 33,000 people a year if we didn’t have guns in this country.”

Marcell Lee Daniel Jr. had unleashed 30 bullets during an afternoon drive-by shooting of an innocent man on a North Portland sidewalk. The man, Andrew Coggins Jr., 24, died.

The judge kept going. “Australia after a major shooting rounded up all the guns, and they haven’t had near the death that we do here in this country,” he said.

The judge was referring to tighter gun controls in Australia in response to a 1996 mass shooting by a lone gunman who killed 35. Australia responded by buying back or seizing a million existing firearms and making it more difficult to buy new ones. News reports marking the 20th anniversary of gun reforms state there have been no mass shootings — defined as 5 or more people — since.

“I just saw last night a statistic that 11,000 people in America are murdered each year and another 20,000 commit suicide with guns,” Walker said, referring to figures from the U.S. Centers for Disease Control and Prevention.

“They are a scourge of this country and no one should have one as far as I’m concerned,” he said. “There’s no defense to guns. There’s just absolutely no reason to have them. But it is a right of people in this country to own and possess them, and I will not say anything to affect that right.”

Walker, a Multnomah County Circuit Court judge for nearly 10 years and a criminal defense attorney before that for 25 years, sentenced Daniel to 17 1/2 years in prison.

molon labe

Read the whole story here.

h/t Weasel Zippers


This is Chiraq: 7 killed, 36 wounded in weekend shootings

blacks protesting black-on-black crimes

From MyFoxChicago: Seven men were killed and at least 36 other people have been wounded in shootings across Chicago since Friday evening, including a man left in critical condition on a sidewalk near Millennium Park.

The downtown attack happened about 7:30 p.m. Saturday at the corner of Michigan Avenue and Monroe. A 54-year-old man walking with two other people got into an argument with another male who then pulled out a gun and shot him in the head, according to Chicago Police. He was taken in critical condition to Northwestern Memorial Hospital. The shooter took off on a bicycle but was arrested nearby and questioned Saturday night, police said.

The most recent homicide happened at 4:29 a.m. in South Side Calumet Heights neighborhood. A 28-year-old was shot in the neck in the 9200 block of South Colfax, police said. He was taken to Trinity Hospital, where he was pronounced dead at 5:04 a.m., authorities said.

At 7:25 p.m. Saturday, a man was shot to death in the Englewood neighborhood on the South Side. The 22-year-old was standing outside looking at a vehicle in the 1500 block of West 56th Street when shots rang out and he was struck multiple times. He was taken to Stroger Hospital, where he was pronounced dead, police said. The Cook County medical examiner’s office could not immediately confirm the fatality.

Earlier Saturday, a man was shot to death in the East Garfield Park neighborhood on the West Side. Officers responding to a call of a person down about 2:30 a.m. found a 37-year-old man dead with a gunshot wound to the head in the 2600 block of West Wilcox, police said. The medical examiner’s office has not released his name.


Less than 30 minutes earlier, a man was killed and a woman wounded in Gage Park on the Southwest Side. They were outside at 2:10 a.m. in the 2200 block of West 50th Street when a vehicle pulled up and a gunman got out and opened fire, hitting 20-year-old Jose Vizcarra in the head and a 24-year-old woman in the foot, according to police and the medical examiner’s office. Vizcarra, of the 400 block of North Hamlin, was dead at the scene, authorities said. The woman was taken to Mount Sinai Hospital in fair condition.

Friday night, a 19-year-old man was killed and a 20-year-old man critically wounded in another Englewood neighborhood shooting. A gunman walked up to them about 8 p.m. in the 5600 block of South Racine and opened fire, hitting Izael McKenzie in the head and the older man in the back, authorities said. Both were taken to Stroger Hospital, where McKenzie died at 8:44 p.m. He lived in the 5600 block of South Throop. The other man was in critical condition, police said.

About 5:35 p.m. Friday, 21-year-old Joaquin Gonzalez was shot in the chest and pronounced dead at the scene in the 2600 block of West Haddon in the Humboldt Park neighborhood on the West Side, authorities said. Police have not provided details on the circumstances of the shooting, but an autopsy ruled Gonzalez’s death a homicide. He lived in the 7700 block of South Peoria.

The weekend’s first fatal shooting came 10 minutes before that in the Auburn Gresham neighborhood on the South Side, where someone chased 56-year-old Carl Jackson into his apartment building in the 1000 block of West 77th Street and shot him repeatedly, authorities said. Jackson died at the scene.

The most recent nonfatal shooting happened at 7:05 a.m. Sunday in the West Side Austin neighborhood. The 34-year-old was standing in the 300 block of South Laramie, waiting to cross over to West Gladys, when an SUV pulled up and a male got out and shot him in the abdomen, police said. He was taken to Mount Sinai Hospital, where his condition was stabilized.

At least 32 more people have been shot in other city attacks since 4:15 p.m. Friday.

Take a bow mayor/NBC photo

Take a bow mayor/NBC photo


Reports of Seattle gun crime reaches record levels

But, but how can this be? Seattle’s new gun tax has left no shop in Seattle selling firearms. Wonder where the criminals could be getting their guns…


From The second highest number of shots fired in Seattle were recorded between January and August of 2016. The only year to have a higher number was 2015. Seattle has also experienced more gun deaths in 2016 than the previous year.

City Living Seattle reports that a recent meeting of the East Precinct Police Advisory Council reviewed gunshot statistics for Seattle from January to August 2016. According to City Living:

The year 2016 saw 211 reports of shots fired from Jan. 1 to Aug. 1, the second-highest number of incidences for the same period of every year from 2012. Only 2015 was higher, with 226 police reports that included evidence or eyewitness reports of gunshots. The gap was even narrower when it came to the number of victims of gun violence. Between Jan. 1 and Aug. 1, the year 2016 saw 35 gun-related injuries, compared to 45 for the same period in 2015. But 2016 has seen more gun-related deaths, with seven fatalities this year versus six in 2015.

City Living reports that on Aug. 2 — the day after the January through August statistics end — Seattle had its eighth gun death. The majority of the shots fired were reported in the east precinct.

Anti-Second Amendment Mayor Ed Murray

Anti-Second Amendment Mayor Ed Murray

The data adds to other recent statistics reported by Seattle Times columnist Danny Westneat, who noted that rapes are up by 55 percent in Seattle over the past year. Police data shows that there have been 127 reported rapes in Seattle between January and Sept. 10, 2016. That’s more than the 82 reported during the same time in 2015, as well as more than the reported numbers over the past 10 years.

Domestic violence calls are also up by 11 percent in Seattle.

And going back to the issue of Seattle gun crime, local police seized more than 900 illegal guns in 2015.

Socialist Kshama Sawant has HER priorities straight...

Socialist Kshama Sawant has HER priorities straight…

But there is a debate between the data and other issues plaguing Seattle. Council member Kshama Sawant recently told the Jason and Burns Show that housing is a higher concern than police funding. That debate comes amid controversy over a proposed — and now canceled — north police precinct. Sawant argues that funding the construction of more housing trumps the need to fund such police projects.

A group called Block the Bunker also maintains this argument. It not only aims to halt the construction of the north precinct, but also has demanded that no more officers be hired in Seattle; the dismantling of the police officers’ union; and more.