Obama claims immunity from lawsuit under 'the king can do no wrong' legal maxim http://www.washingtonexaminer.com/obama-claims-immunity-from-lawsuit-under-the-king-can-do-no-wrong-legal-maxim/article/2608439
Just when you thought the lawlessness of the most lawless administration in history couldn't get worse, the Department of Justice files another legal brief.
In response to a class action lawsuit by as many as 3,500 ready-to-hire air traffic controller applicants whose names were "purged" so the Federal Aviation Administration could hire based on race, federal lawyers asserted that the administration is immune from liability for denying constitutional equal protection because of sovereign immunity. In other words, they claim protection by the legal maxim rex non potest peccare, which means, "the king can do no wrong."
Beginning in 1991, the FAA collaborated with universities and colleges to create 36 accredited degree programs in diverse Collegiate Training Initiative schools. Then, the FAA hired those with CTI program degrees, references from CTI administrators and "well qualified" rankings on the challenging Air Traffic Selection and Training exam — a validated, proctored, eight-hour, computer-based test.
In 2013, however, to achieve racial diversity — notwithstanding that nearly 12 percent of those attending CTI programs were African Americans — the FAA abandoned that program, "purged" its files of the 2,000 to 3,500 CTI graduates, and began hiring any English-speaking citizen with a high school diploma, while screening new applicants to ensure their racial "diversity."
In late December 2015, Mountain States Legal Foundation responded with a class action lawsuit in Arizona federal district court on behalf of those who satisfied the FAA's time-tested and rigorous tests for prospective air traffic controllers, but whose names were purged after the FAA announced hiring plans favorable to minorities. The lawsuit charges violation of the equal protection component of the due process clause of the Fifth Amendment and Title VII of the Civil Rights Act of 1964.
The class is represented by Andrew Brigida, who holds two B.S. aviation degrees from Arizona State University and scored 100 percent on the Air Traffic Selection and Training exam. Mountain States Legal Foundation filed an amended complaint in April 2016 and a second amended complaint in August 2016, following congressional action that did nothing to remediate the constitutional and statutory injuries suffered by its clients.
That is when federal lawyers responded that their clients were like "kings."
Everyone is familiar with William Blackstone's famous aphorism, "That the king can do no wrong, is a necessary and fundamental principle of the English constitution." But what does that have to do with us on this side of the Atlantic Ocean, we who revolted against a "God-King" with the words "all men are created equal," broke free and created a constitutional Republic?
As it turns out, precious little. In 1996, Justice John Paul Stevens wrote that sovereign immunity is a judge-made doctrine that has been "thoroughly discredited" because it is founded on the notion "that a divinely ordained monarch 'can do no wrong.'"
Former Florida Gov. Jeb Bush has a new consulting job less than a year after he ended his presidential campaign.
Bush “will act as a strategic consultant” for the law firm Buchanan, Ingersoll & Rooney and its clients. Clients include several large pharmaceutical companies, energy companies, sugar advocacy groups and fantasy sports giant DraftKings. The firm announced Bush’s hire in a statement to the Tampa Bay Times.
“Those of us who have had the pleasure of working with the Governor in the past now have the opportunity to do so again, and those who haven’t can look forward to a truly rewarding experience,” John McKager “Mac” Stipanovich, chair of Buchanan’s Florida government relations department, said in the statement. “This is an exciting development for the firm and for our clients.”
Many of the top names at Buchanan are veterans of the Bush network. Stipanovich advised Bush on his gubernatorial campaign in 1994 and ran Florida operations for late President Ronald Reagan’s 1984 campaign. Jim Magill, a principal for government relations at the firm, directed legislative affairs for then-Gov. Bush’s administration, and now represents clients like the U.S. Sugar Corporation and DraftKings.
Jeb Bush as your adviser...what could go wrong?
Former Vice President Al Gore visited with President-elect Donald Trump in New York City.
The discussion followed an earlier announcement that Gore would meet only with Trump’s daughter Ivanka, who has signaled interest in discussing climate change.
Gore described his visit with the Trumps as “lengthy and very productive.”
“It was a sincere search for areas of common ground,” he told reporters after leaving Trump Tower. “I found it an extremely interesting conversation, and to be continued, and I’m just going to leave it at that.”
Since his defeat in the 2000 election, Gore has traveled the globe predicting doom as a result of global warming.
He campaigned for Hillary Clinton in Florida during the presidential election, urging Democrats to vote for her despite a history of bad blood with the family.
“Her opponent, (Trump) based on the ideas he has presented, would take us toward a climate catastrophe,” Gore said in October.
It’s unclear what Trump discussed with Gore, especially since the president-elect is a climate change skeptic.
Al Gore comes begging for Change?
The wave of economic populism in Western Europe and the U.S. has officially spread to Italy, with the country’s liberal prime minister resigning on Monday after a historic referendum vote.
Prime Minister Matteo Renzi said he would meet with Italy’s president and offer his resignation after 60 percent of Italians voted against a referendum for which he advocated.
“Tomorrow the President of the Republic will have a meeting with me and I will hand in my resignation,” Renzi, who assumed office in February 2014, said, according to CNN. “I take on full responsibilities for defeat and so I say I lost, not you.”
“When you lose you cannot pretend that nothing has happened and go to bed and sleep,” he added. “My government ends here today.”
If approved, the measure would have weakened the power of the upper house in the Italian Parliament, cutting the number of its members from 315 to 100. Proponents said reducing the number of lawmakers in the “Senato” would have made it easier to govern, but opponents claimed that doing so would have handed more power to the central government at a time when Italy’s economy is still struggling.
“It was shifting power from the regions to the center in a really unbalanced way. It was a dangerous reform for the roots of our democratic system,” Elly Schlein, an Italian member of the European Parliament, said.
Italy's FU to the EU.
Apparently in the Christmas spirit, North Carolina Republican Gov. Pat McCrory finally conceded in his failed re-election bid Monday afternoon.
“During this wonderful season, it’s also time to celebrate our democratic process and respect what I see to be the ultimate outcome of the closest North Carolina governor’s race in modern history,” McCrory said in a video message as he conceded to Democratic Attorney General Roy Cooper. He added:
Despite continued questions that should be answered regarding the voting process, I personally believe that the majority of our citizens have spoken. And we should know do everything we can to support the 75th governor of North Carolina, Roy Cooper.
The McCrory administration team will assist in every way to help the new administration make a smooth transition.
McCrory’s team led a massive recount effort throughout more than 50 counties in the state, especially in Durham County. The incumbent governor promised last month that he would drop his challenge should the recounted Durham votes still turn out in Cooper’s favor.
“With serious concerns of potential voter fraud emerging across the state, it has become apparent that a thorough recount is one way the people of North Carolina can have confidence in the results, process and system,” McCrory said last month.
Israel’s Science and Technology Minister Ofir Akunis tours India a 4-day official visit
Monday, December 5, 2016
Today, Israel’s Science, Technology and Space Minister Ofir Akunis lands in India for a four-day visit aimed at strengthening bilateral cooperation in the field of science and technology. Minister Akunis is accompanied by a high-profile delegation comprised of several senior Knesset members and government officials, including the head of Israel Space Agency, Avi Blasberger. The ministerial visit comes less than a month after Israeli President Reuven Rivlin visited the South Asian country.
Cooperation in technology and innovation has come a long way since both countries established full diplomatic ties nearly 25 years ago. In 2008, Indian space agency ISRO launched Israeli reconnaissance satellite TechSAR aboard its satellite launching vehicle (PSLV). A missile defense system (Barak 8) jointly developed by India’s defense research agency (DRDO) and Israel Aerospace Industries (IAI) has already been successfully tested.
The Indian private sector is linking up with Israeli partners as well. Last year, Indian pharmaceutical maker Sun Pharma teamed up with researchers from Technion-Israel Institute of Technology to develop cancer therapy capable of suppressing the growth and development of tumours. A bi-national initiative is bringing together hundreds of Israeli and Indian start-ups to create innovative and affordable healthcare solutions for a one-billion-strong Indian market.
“Deepening the relations between India and Israel are a critical strategic goal for both countries,” said Minister Akunis before embarking for India. “I am visiting India, a true friend of Israel to broaden the scientific and technological cooperation between our countries. India and Israel are at the forefront of technology worldwide and we will continue to ensure they remain so.”