Category: US

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CNN Sues White House Over Banned ”Journalist” Jim Acosta

(CNN announces legal action, after correspondent Jim Acosta banned)

CNN’s White House Correspondent, Jim Acosta had his press access to the White House revoked on November 8th. Now his network, CNN, is suing President Donald Trump and several aides.

However, Acosta is arguably not a journalist, but an activist. People are supposed to be there to cover the news and the White House, not to be antagonistic and grandstand. Here are some examples:

(Jim Acosta compilation)

(Acosta, on August 2, 2017)

(Acosta, July 1, 2018)

(Acosta, on October 29, 2018)

(November 6, 2018, which was Acosta’s last day)

The lawsuit claims that by revoking Acosta’s media access, his 1st and 5th Amendments (freedom of the press, and due process), were violated.

Here is the 1st Amendment:

Freedom of Religion, Speech, and the Press

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

Here is the 5th Amendment:

Protection of Rights to Life, Liberty, and Property

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

CNN released the full text of the lawsuit, shown here. But let’s go through some of the more interesting sections. (Quotes in bold, comments in italics)

2. But on November 7, 2018, Defendants revoked Acosta’s White House credentials because, in the President’s own words, Acosta failed to “treat the White House with respect” at a White House press briefing.

Except if you watch that November 6 video, he wasn’t being respectful. He was being antagonistic.

4. And the revocation of Acosta’s credentials is only the beginning; as the President explained, there “could be others also” who get their credentials revoked.

The slippery-slope argument except it is unwarranted here. There aren’t other journalists in the press core who act the way Acosta does. Blatant fearmongering.

5. The Framers of our Constitution embraced a “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.” N.Y. Times v. Sullivan, 376 U.S. 254, 270 (1964). The President lacks the authority to quash “[t]he sort of robust political debate encouraged by the First Amendment”— debate that is “bound to produce speech that is critical of those who hold public office.” Hustler Magazine, Inc. v. Falwell, 485 U.S. 46, 51 (1988). That is why the D.C. Circuit has been clear that “the protection afforded newsgathering under the first amendment guarantee of freedom of the press requires that . . . access [to White House press facilities] not be denied arbitrarily or for less than compelling reasons.” Sherrill v. Knight, 569 F.2d 124, 129 (D.C. Cir. 1977). And “notice . . . of the factual bases for denial [of access to White House press facilities] with an opportunity to rebut is a minimum prerequisite for ensuring that the denial is . . . [not] based onarbitrary or less than compelling reasons.” Id. at 131.

This conflates a number of things: First, the press is there to cover the White House, not to DEBATE. Second, the 1st Amendment is to enshrine public talks and even unpleasant sharp attacks, but it doesn’t say that public figures MUST engage with you. Third, given Acosta’s frequent behaviour, it would be easy to rebut ”arbitrary or less than compelling reasons quite easily. Fourth, the 1st Amendment doesn’t guarantee access to the White House.

Jim Acosta seems to want a blank cheque to confront and badger White House staff at will.

27. The President dislikes CNN’s and Acosta’s coverage of him and his administration, and has made that clear since before he took office. At a news conference on January 11, 2017, for example, then-President-elect Trump told Acosta, “your organization is terrible.” Acosta responded: “You’re attacking us. Can you give us a question?” The President replied: “Don’t be rude. No, I’m not going to give you a question . . . . You are fake news.”

While these claims are true, Acosta’s frequent behaviour does make it clear he is there to agitate, rather than report on the news. But since CNN raised the issue of the 1st Amendment, would this not be going against TRUMP’S right to free speech?

33. Speaking through a hand-held microphone, as did all the White House journalists who asked questions, Acosta asked a question about one of President Trump’s statements during the midterm campaign—namely, whether a caravan making its way to the United States from Central America constitutes “an invasion” of the country, a significant feature of the President’s messaging during the just-ended campaign. The President declined to respond, instead remarking: “You know what? I think you should . . . I think you should let me run the country. You run CNN. And if you did it well, your ratings would be much better.”

  1. When Acosta attempted to ask a follow-up question, President Trump refused to take it. A White House staffer then approached Acosta and attempted to grab the microphone. The staffer reached all the way across Acosta’s body, successfully latched onto the microphone, and physically attempted to remove it from Acosta’s right hand. Acosta held onto the microphone, stated “Pardon me, ma’am,” and continued to ask his question.

This is a distortion of the truth. Acosta attempted to ask several questions, and was argumentative the entire time. Footage available refutes these assertions.

39. Hours after the press conference concluded, Press Secretary Sanders issued an official statement announcing that “the White House is suspending the hard pass of [Acosta] until further notice.” The Press Secretary accused Acosta of “placing his hands” on the White House staffer who attempted to take the microphone from Acosta during the press conference. The Press Secretary added that the alleged conduct “is absolutely unacceptable” and stated “[w]e will not tolerate this inappropriate behavior.” The White House’s statement indicated that this alleged “incident” was the basis of its decision to revoke Acosta’s credentials.

Whether this was deliberate or not is up for debate in the video. However, it was clear that Acosta was making a nuisance of himself.

FIRST AMENDMENT ARGUMENT

57. Defendants have deprived Plaintiffs of their right to access the White House grounds by revoking Acosta’s White House credentials. Without those credentials, Acosta cannot access the White House and cannot effectively serve as a White House correspondent, thus depriving Plaintiff CNN of its chief White House correspondent.

CNN is not prohibited from covering White House press briefings, only Acosta is. Do they not have anyone else on staff who could do it?

59. Defendants’ justifications for impeding Plaintiffs’ First Amendment rights are hollow and hardly sufficiently compelling to justify the indefinite revocation of Acosta’s White House credentials. Consequently, the only reasonable inference from Defendants’ conduct is that they have revoked Acosta’s credentials as a form of content- and viewpoint-based discrimination and in retaliation for Plaintiffs’ exercise of protected First Amendment activity.

Except Acosta wasn’t banned for his views. He was banned for regularly disturbing press conferences.

FIFTH AMENDMENT ARGUMENT

65. Acosta received no direct notice from the White House that his credentials had been revoked, let alone any notice prior to the revocation. Instead, the White House announced the revocation itself via Twitter after Defendants already decided to effectively ban Acosta from the White House grounds.

  1. Defendants did not provide Plaintiffs a written explanation, nor any explanation at all, before revoking Acosta’s press credentials. The only written explanation was a short statement posted on Twitter that Acosta was suspended because he “plac[ed] his hands” on a White House staffer. Even if this tweet were accurate—and it is not, as the reportedly doctored video Defendant Sanders posted would later show—it would not suffice to demonstrate prior notice of the revocation.

Okay, giving him notice would have been courteous, but is not grounds for suing. Nor is oral notification over written notification

Some Thoughts
While many media heads are supporting Acosta’s reinstatement, I believe this claim to be completely bogus.

(1) Acosta has been repeatedly rude and antagonistic to the White House staff. He is clearly being an activist, not a journalist. This is seen again and again on tape. No one else behaves this way, and it is surprising that his behaviour has been tolerated for so long.

(2) Acosta is not banned or restricted from exercising free speech at home or in public. He is just not allowed into White House briefings

(3) CNN is not banned from covering the White House. They just need a new correspondent.

(4) Not being given notice is rude, but not a constitutional violation.

The judgement is expected any day, and a followup will be provided.

Update to the Story
On Friday, November 16, a DC Judge ordered the press credentials to be temporarily returned to Jim Acosta while the matter is formally resolved. Personally, this was a surprise.

From CNN’s reporting on the story:

Trump said the same thing during a Q&A with reporters in the Oval Office.

“People have to behave,” he said, when asked about the administration’s defeat in court.
“If they,” meaning reporters like Acosta, “don’t listen to the rules and regulations, we’ll end up back in court and we’ll win. But more importantly, we’ll just leave,” meaning, stop taking questions from the press. “And then you won’t be very happy. Because we do get good ratings.”

While Acosta seems to be allowed back in, there is nothing to stop the White House from: (a) simply refusing to call on Acosta; (b) cancelling press conferences; or (c) throwing Acosta out for the day.

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Antifa Mob Stalks Tucker Carlson’s Family

(Antifa outside the Carlson residence)

(Follow-up telephone interview with Tucker Carlson)

Tucker Carlson hosts a talk show on FOX, and is willing to give crazies like Mike Isaacson, and Yvette Felarca a fair hearing.

However, Antifa (short for “Anti-Fascist”, or “Anti-First-Amendment” as detractors claim), have decided that stalking his family is way to get him to shut up. See the video at the top.

Antifa is a left leaning quasi-Communist group that claims to “oppose Fascism”. They claim that “limited violence” is necessary to prevent the rise of right wing extremism, and to prevent the eradication of certain marginalized groups.

But in practice, they commit acts of violence against people they disagree with: (1) white nationalists, even non-violent ones; (2) right wing public figures; and (3) moderates whom they disagree with. It also doesn’t stop them from assaulting innocent bystanders and at times journalists. A quick YouTube search will find countless examples of Antifa violence.

However, there are idiots, even in the media, such as CNN’s Chris Cuomo, who defend Antifa as “fighting hate”, and not the same “morally” as right wing bigots.

This is appalling, and cowardly. Threatening and harassing a person to silence their views, in particular a journalist is chilling. Worse still, is using their family as collateral damage. Here are a few items worth mentioning:

1st Amendment of U.S. Constitution

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

How the F.B.I. Defines Domestic Terrorism.
Domestic terrorism: Perpetrated by individuals and/or groups inspired by or associated with primarily U.S.-based movements that espouse extremist ideologies of a political, religious, social, racial, or environmental nature.
–for example, the June 8, 2014 Las Vegas shooting, during which two police officers inside a restaurant were killed in an ambush-style attack, which was committed by a married couple who held anti-government views and who intended to use the shooting to start a revolution.

Efforts have been made to formally classify Antifa as a terrorist organization. While there are ongoing challenges, Antifa currently is designated as one.

But these fundamental rights are also enshrined elsewhere:

Section 2 of Canadian Charter of Rights and Freedoms

Fundamental freedoms
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

How the Canadian Criminal Code Defines Terrorism
In Canada, section 83.01 of the Criminal Code[1] defines terrorism as an act committed “in whole or in part for a political, religious or ideological purpose, objective or cause” with the intention of intimidating the public “…with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act.” Activities recognized as criminal within this context include death and bodily harm with the use of violence; endangering a person’s life; risks posed to the health and safety of the public; significant property damage;

There are similar guarantees and rules in nations throughout the Western world.

Although with the expansion of “hate speech” regulations, free speech rights are being curtailed. But that is an article for another day.

As for the Tucker Carlson story, it sends chills at least in part because he is a fairly moderate voice in American television. While right leaning, he openly rejects racism, and arguments twisted as racism. He calls out guests for strawman arguments, and guests who do espouse openly racist views.

Tucker is both loved on the right, and despised on the left. This is for the same reason: he calls out divisive identity politics, and hypocrisy which comes from the SJW/NPC crowd.

Sadly, this obnoxious ”journalist” got far more attention than Tucker Carlson. Domestic terrorism is a much more serious matter.

Hopefully the masked cowards who stalked Carlson’s family are identified and arrested. Silencing media opinions they don’t agree with is ”fascism”, but the irony seems lost on Antifa.

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UN Finances ”ARMED” Croatian Invasion, Nations Reject Global Migration Pact

(Mastercard and Mercy Corps teaming up)

A recent article seen here, reports an attack on the Croatian border, with some 20,000 economic migrants (sorry, ”refugees”) demanding access and passage to other European nations.

This story, and the Slovenian article provides an explanation as to how these mass ”refugee” moves are being carried out.

Mastercard, for its part, fully admitted in 2016 to providing prepaid credit cards. They partnered with an organisation called Mercy Corps to help coordinate mass migration. Mercy Corps was founded in 1979 as ”Save the Refugees Fund”.

And apparently, financing for this has largely come from George Soros. Not as a humanitarian venture, but as a business venture. See here, and there are many other articles available online.

The 20,000 refugees (mostly military aged men) in the above article were not trying to seek refuge in Croatia. It was merely a transition point, as they wanted to get to Germany or Northern Europe. Those countries have more generous welfare.

This actually does answer a big question. People had been wondering why all of these so-called ”refugees” all had new clothes, phones, and looked so well cared for. The invasions had been paid for by credit cards.

The U.N., starting on this page, does answer at least 5 more questions.

First, the U.N. is directly responsible for aiding and abetting the 7,000 strong migrant ”caravan” travelling from Honduras to Guatemala to Mexico, with the intention of demanding access to the United States. This was covered in this article.

Second, the U.N. knows full well that these ”refugees” are attempting to enter illegally, and in essence, overwhelm the host country. More to the point, the U.N. doesn’t care.


The United Nations Migration Agency, IOM, is providing support and assistance to migrants crossing Central America in several self-styled caravans, while expressing concern over “the stress and demands” they are placing on host countries.

All migrants must be respected, regardless of their migratory status – IOM Chief of Mission in Mexico

Third, one of the U.N.’s directives is ensuring that people have some form of identity documents, and getting them issued from the host country. While this sounds great at first, keep in mind the U.N. doesn’t care if the people it moves around are actual refugees. So the U.N. likely wouldn’t put much effort into determining if they are getting identity documents for who the people really are.

Fourth, the U.N. makes it clear that they support fraudulent cases. A refugee is supposed to seek asylum in the first safe country, not shop around.

Fifth, and most importantly, the U.N. demonstrates repeatedly that it does not respect national borders. That could not be more clear with the Global Migration Compact. The U.N. is an enemy to the individual nation states, the same way the E.U. is an enemy to European nation states.

Send tens of thousands of men to completely different cultures, with: (a) new clothes and phones; (b) fake I.D.; (c) prepaid credit cards. What could possibly go wrong?

But hey, nothing like Trudeau style gender quotas, because it’s 2018.

However, while the above article is bad. Here is some good news. More and more countries are refusing to endorse the U.N. Global Compact for Migration. Once again, the U.N. doesn’t get it.

Australia refuses to sign.

Austria refuses to sign.

Croatia refuses to sign.

Czech Republic refuses to sign.

Hungary refuses to sign.

Italy refuses to sign.

Poland refuses to sign.

The United States refuses to sign

This is 8 right here. Let’s grow the list, and kill the compact completely.

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”Migrant Caravan” Lawyers Sue For Right to Legally Invade U.S.

(Well organized and well funded economic migrants planning to invade the U.S. en masse. Original videos are here and here.)

1. Trafficking, Smuggling, Child Exploitation

CLICK HERE, for TSCE #1: series intro and other listings.

2. The Court Challenge

Liberals tend to deflect legitimate questions as ”language”
Liberals and open-border globalists do this regularly. When asked direct questions they usually deflect rather than give direct answers. They don’t challenge the facts, but rather play word games, calling it ”fearful and divisive language”.

Now, to the obvious. These are not refugees at all. They are economic migrants, who are well organized, trying to get into the U.S. This is an invasion, one that has clearly been thought through. As you can see in the videos, they have supplies waiting for them at the end of each day, and for ”refugees”, they look like they have have a good life.

Just when the story couldn’t get more absurd, thehill.com released this article, showing that a lawsuit had actually been filed on behalf of the so-called refugees. Being a class action lawsuit, it opens the door for many more plaintiffs. We will go through the main points.

For this to make any sense, at least 5 completely wrong assertions must be correct:

(1) That everyone in the world has the right to come to the United States and claim asylum. Not to the first safe country available, but to the U.S. specifically.

(2) That the protections of U.S. law, such as the 5th amendment apply to everyone, everywhere. You don’t have to be a citizen, or legal resident, or even on U.S. soil.

(3) That obviously fraudulent claims for asylum must be taken seriously.

(4) That so-called ”refugees” can send their kids ahead and demand the U.S. provide for them. Or even more generally that the U.S. must financially provide for anyone who enters.

(5) That the U.S. does not have the right to have sovereign borders, regardless of security threats.

As an aside, it cannot be overstated that the overwhelming majority are not refugees. Many openly admit they are coming for a better life, and better employment prospects. Further, given the amount of support they have on the journey, and a legal team filing suit in the U.S., the claims are absurd.

3. Claim: Anyone Can Enter U.S.

Lawyers for the invading economic migrants submit that:

Trump’s professed and enacted policy towards thousands of caravanners seeking asylum in the United States is shockingly unconstitutional. President Trump continues to abuse the law, including constitutional rights, to deter Central Americans from exercising their lawful right to seek asylum in the United States, and the fact that innocent children are involved matters none to President Trump.

See the U.S./Canadian safe country agreement as an example. Refugees are expected to apply for asylum in the first safe country they reach.

This ”caravan” originated in Honduras. The migrants then travelled through Guatemala, making it the country they should have filed for asylum in. But they never did. They then forced their way into Mexico, which would be the second country they arrived in. Mexico in fact offered asylum and work permits, but the offer was rejected.

This group is not seeking a safe country. They are ”shopping” for a richer one, one with more handouts and benefits. They are not refugees, but economic migrants.

As an aside, the same thing is happening in Canada. Our ”Paper Canadian” and FGM apologist of an Immigration Minister, gets offended when people point out that ”refugees” from the U.S. are just economic migrants.

4. Claim: 5th Amendment Applies

Lawyers for the invading economic migrants submit that:

This case arises under the Fifth Amendment to the United States Constitution, the Administrative Procedures Act (APA), and the Declaratory Judgment Act,
inter alia
.
. The court has subject matter jurisdiction under 28 U.S.C. § 1331. 7. Personal Jurisdiction is proper because Defendants transact business in this District and thus are subject to personal jurisdiction in this Court.
Case 1:18-cv-02534 Document 1 Filed 11/01/18 Page 7 of 32
VENUE
8. Venue is proper under 28 U.S.C. § 1391 because at least one of the Defendants is subject to personal jurisdiction in this district with regards to this action.

Information on the 5th Amendment is given here, but in laymen’s terms, it provides many legal protections to people.

But here, the lawyers claim that the group, who isn’t even on U.S. soil. It says that they ”transact business” and at least ”one person is subject to personal jurisdiction.” This is incredibly vague, and again, being a class action suit allows for many more plaintiffs to join in.

The U.S. Constitution is meant to provide legal protection to people inside the U.S., preferably there legally. But this argument suggests that anyone wanting to go to the U.S. should get the same protections.

5. Claim: Must Take All Seriously

Lawyers for the invading economic migrants submit that:

Immigrants who indicate an intention to apply for asylum or indicates a fear of persecution must be referred for a “credible fear interview”:
.
If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 1182(a)(6)(C) or 1182(a)(7) of this title and the alien indicates either an intention to apply for asylum under section 1158 of this title or a fear of persecution, the officer shall refer the alien for an interview by an asylum officer under subparagraph (B). 8 U.S.C. § 1225 (b)(1)(A)(ii).
.
Following a credible fear interview, if an asylum officer determines that an asylum seeker has a “credible fear of persecution,” then there is a significant possibility that the asylum seeker will be granted asylum

Many videos of these ”refugees” are available on YouTube. They openly admit that they are going to the United States for economic reasons, such as work and social services. Not having a job, or poor living conditions are not valid grounds for claiming asylum.

Interesting to note: If all these migrants were going to the U.S. for a better life, doesn’t it refute this claim, that so-called refugees coming to Canada from New York or Minnesota are doing so fraudulently?

6. Claim: U.S. Is Obligated To Pay For The Children Of The Invaders

Lawyers for the invading economic migrants submit that:

The care and custody of minors in Immigration Custody is controlled by the Flores Agreement, a copy of which is attached hereto as Exhibit 1. That agreement applies to all minors, including those who are taken into custody with their parents. Flores v. Lynch, 828 F.3d 898 (9th Cir. 2016). That agreement provides that minors must be held in facilities run by licensed programs and that are “safe and sanitary and are consistent with [Defendants’] concern for the particular vulnerability of minors.” Ex. 1, ¶¶ 12.A, 14. These facilities must “provide access to toilets and sinks, drinking water … adequate temperature control and ventilation adequate supervision to protect minors from others, and contact with family.”

While the Flores Agreement does set out certain conditions to be met, it seems that the invading migrants are taking full advantage of it. Arguably the children are being used as weapons, as ways for arm twisting to get more benefits. The adults will of course, demand to be locked up with their children.

The Flores Agreement was never meant to be used as a tool to facilitate mass illegal immigration, but that is exactly what the lawyers are trying to do.

7. Claim: U.S. Has No Border Rights

Lawyers for the invading economic migrants submit that:

On top of the above, Trump has repeatedly professed that the caravan people will not get into this county, and just as significant, Trump has taken meaningful steps to ensure the world that this is his policy position/initiative, meaningful steps such as deploying thousands of active military troops to the border, waiting on caravan persons to arrive. The legal problem with Trump’s plan to stop caravan persons from entering this country is that Plaintiffs are seeking asylum, and Trump simply cannot stop them from legally doing so by using military, or anyone.

Interesting claim. The U.S. apparently has no right to defend its own border by this logic. Anyone can come into the country. Anyone can take children and demand free food and accomodation. And it doesn’t matter how many people come, and if it completely overwhelms the immigration system. The rights of America to defend itself don’t seem to matter.

8. How Does This Play Out?

Unclear, at least to me. The lawsuit seems bogus on its face, makes bizarre claims, and is openly contradicted by the ”refugees” themselves.

The invaders’ lawyers repeatedly conflate laws meant to protect people inside the U.S. with those wanting to enter the U.S.

One additional detail, the suit seems to want to cover anyone who will attempt to cross at a later date:

Plaintiffs seek to represent the following class:
All persons (1) who are Mexican, Central American, or South American citizens (2) who are travelling to the United States or have attempted entry into the United States, whether at a designated port of entry or not, since October 31, 2018, and (3) who are seeking asylum or intending to seek asylum within the United States

To be clear, not only will this not be the last ”caravan” to try to enter the U.S., but at least 2 more are up already.

Trump’s best move would be to send as many troops to the border as needed and repel this invasion at all costs. Open fire if need be.

Update to the Story:
By it’s own admission, the United Nations is actually helping the “caravan”. In essence, it is helping the economic migrants INVADE the United States.

The United Nations Migration Agency, IOM, is providing support and assistance to migrants crossing Central America in several self-styled caravans, while expressing concern over “the stress and demands” they are placing on host countries.

All migrants must be respected, regardless of their migratory status – IOM Chief of Mission in Mexico

The U.N. needs to go entirely. More on that in an upcoming article.

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Lawsuit Against Harvard for Racial Quotas Continues

(Harvard University, one of the most well known U.S. schools)

The full text for UN Global Migration Compact is RIGHT HERE.

Please sign this: PETITION E-1906 CLICK HERE

A lawsuit continues today against Harvard University filed by several Asian students. They allege that Harvard has “racial quotas” to fill, and that Asian students, despite on average having higher academic accomplishment, are not getting offers of admission at the rates they should.

The suit alleges that only about 20% of offers of admission — in continuous years — go to Asian students, even though their population is applying in even higher proportional rates, and that they are on average more accomplished.

Let’s make an important distinction of equality.
(1) Equality of opportunity: Everyone is treated the same. Everyone has the same chances to rise or fall based on their own actions. This creates a merit based society, as is explained here.
(2) Equality of outcome: Different rules are used to ensure certain results are obtained. If 50% of the general population are women, then 50% of the group will be women. If 35%, 25%, and 10% percent of the population are races A, B, C, then the racial makeup of the group will be 35%, 25%, and 10%. This completely undermines a meritocracy, as double standards will almost always have to be used.

The Washington Post linked a transcript in one of its articles. It is worth a read. Although that is appreciated, there were a few commenters in the article that merit listing.

There was Sarah F. Cole, and African American who graduated in 2016, who said: “Race-blind admissions is an act of erasure. To not see my race is to not see me.”

and this one ….

“Tang Diep, a Vietnamese immigrant who is currently a senior, said: “I personally, really believe that I benefited from affirmative action. Like in allowing the admissions process to take into account my race and ethnicity, it allows my immigration history to be taken into account. It allows my own experiences of overcoming the — my racial identity when I was younger and understanding that to really be portrayed….

That is right. These people are actually defending race-based discrimination. Rather, they seem to completely miss the point, while this man didn’t. Disregarding a person’s race for college admissions or job offers is not “erasing” them. Rather, it is treating them equally and fairly.

The EQUAL PROTECTION CLAUSE of the 14th Amendment reads as follows:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

It will be interesting to see how this plays out. The U.S. Supreme Court has already made some rulings on the issue of affirmative action. For example:

Regents of the University of California v. Bakke, 438 U.S. 265 (1978) ruled that affirmative action was legal, but that setting aside a certain number of spots for a specific group was illegal. Actually, this seems to be what Harvard was (allegedy) doing.

Grutter v. Bollinger, 539 U.S. 306 (2003) ruled that the University of Michigan Law School could have affirmative action in order to bolster underrepresented groups, but like with Bakke, specific quotas could not be set.

The Supreme Court has ruled that affirmative action was okay within the parameters of merit, in essence. So equality of outcome is okay, as long as it is done within equality of opportunity. Oh, the mental gymnastics of the Supreme Court Justices.

Race and IQ has long been a contentious topic for debate. So has the topic of race and academic accomplishment. Here is one such finding. And a quick online search will find many studies done which contrast IQ and race.

One development worth watching is the U.S. President Donald Trump is encouraging colleges to stop the practice of affirmative action, and to steer more towards a racially-blind admissions process.

Of course, there is a Canadian perspective of the issue to be shown here. (This is CanuckLaw after all). Affirmative Action is directly mentioned in Section 15(2) of the Canadian Charter of Rights and Freedoms.

>Equality Rights
Marginal note:
Equality before and under law and equal protection and benefit of law
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Marginal note:
Affirmative action programs
(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

In fact, there is an inherent contradiction within the Canadian Charter itself. 15(1) promotes equality of opportunity, while 15(2) promotes equality of outcome.

Canadian National Railway Co.v. Canada (Human Rights Comm.) and Action travail des femmes (1987), 8 C.H.R.R. D/4210 (S.C.C.) was one such case in Canada, where the Canadian National Railway was ordered to have 1 of every 4 new hires to be women. The Supreme Court of Canada noted that 0.7% were female, and enforced the original Human Rights Tribunal order.

The fact that women were, on average, much less inclined to seek heavy manual labour was irrelevant. The vast discrepancy “had” to be because of systemic bias.

In summary, affirmative action (whether it is racial, gender, or otherwise) should not be a part of society. In a “merit-based” society, people succeed on their positive merits: education, experience, attitude, work ethic, qualifications, etc…. Further, people should fail based on negative traits: lack of experience, lack of education, poor attitude, etc….

As was outlined earlier in the article, there is a huge difference between (1) Equality of Opportunity; and of (2) Equality of Outcome. The former promotes the idea that hard work drives success, while the latter argues all of that should be negated in favour of a “politically correct” group that reflects the general population. These 2 ideas cannot co-exist, as they are contrary to each other.

It will be interesting to see how the U.S. case plays out. The U.S. Supreme Court has (for now) been willing to allow affirmative action to take place in higher education, provided no specific quotas were used. This appears to violate that exception, but we will have to see.

Final thought: A workforce or a college class should comprise a group that works hard. It should not look like a random sample of society …. just because it’s 2015, or some such nonsense.

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Destroying National Borders — The U.N. Global Compact for Migration

This agreement, though it sounds harmless enough, should send chills down the spine of anyone who values having a nation, and a national identity.

For some perspective, the European Union, (E.U.) decided to impose migrant quotas on memberstates, with or without their consent. Last September, the European Court of Justice rejected challenges brought by Hungary and Slovakia. Poland and now Hungarynow face the loss of voting rights. The E.U. will punish member states who dare to act in accordance with their constituents’ wishes

Victor Oraban of Hungary has become a de facto leader of defending nation’s rights in Europe. See here, see here, and see here.

For those of you interested in the topic of nationalism, Steve Turley is a YouTuber and conservative author I frequently watch, and here is a review of one of his latest books. Check him out.

As for the UN Global Compact on Migration, it would in essence be the global version of what the E.U. is already doing to Europe. Member states are having their arms twisted and threatened with loss of voting rights and other sanctions for not complying.

This is in fact referring to hundreds of millions.

Today, there are over 258 million migrants around the world living outside their country of birth. This figure is expected to grow for a number of reasons including population growth, increasing connectivity, trade, rising inequality, demographic imbalances and climate change. Migration provides immense opportunity and benefits – for the migrants, host communities and communities of origin. However, when poorly regulated it can create significant challenges. These challenges include overwhelming social infrastructures with the unexpected arrival of large numbers of people and the deaths of migrants undertaking dangerous journeys.

The full text of the agreement is about 34 pages. It lists 16 ”preambles”, and a further 23 ”objectives”. Here are a few:

4. Refugees and migrants are entitled to the same universal human rights and fundamental freedoms, which must be respected, protected and fulfilled at all times. However, migrants and refugees are distinct groups governed by separate legal frameworks. Only refugees are entitled to the specific international protection as defined by international refugee law. This Global Compact refers to migrants and presents a cooperative framework addressing migration in all its dimensions.

On the surface this sounds harmless enough. But remember, Trudeau (with Conservative support) is for letting people stay in the country, even if they sneak in under false pretenses. Remember, you get a hearing as long as you ”claim” to be a refugee.

7. This Global Compact presents a non-legally binding, cooperative framework that builds on thencommitments agreed upon by Member States in the New York Declaration for Refugees and
Migrants. It fosters international cooperation among all relevant actors on migration, acknowledging that no State can address migration alone, and upholds the sovereignty of States and their obligations under international law.

At least on paper, this is an improvement over the E.U. migrant quota scheme (which punishes dissent). However, we will see how ”voluntary” it really is.

Shared Responsibilities
11. This Global Compact offers a 360-degree vision of international migration and recognizes that
a comprehensive approach is needed to optimize the overall benefits of migration, while addressing risks and challenges for individuals and communities in countries of origin, transit and destination. No country can address the challenges and opportunities of this global phenomenon on its own. With this comprehensive approach, we aim to facilitate safe, orderly and regular migration, while reducing the incidence and negative impact of irregular migration through international cooperation and a combination of measures put forward in this GlobalCompact.

The UN document is using the same dishonest language of ”irregular migrants”. They are illegal immigrants, and border hoppers. I also don’t like when it says that no country can address the problem on its own.

National sovereignty: The Global Compact reaffirms the sovereign right of States to determine their national migration policy and their prerogative to govern migration within their jurisdiction, in conformity with international law. Within their sovereign jurisdiction, States may distinguish between regular and irregular migration status, including as they determine their legislative and policy measures for the implementation of the Global Compact, taking into account different national realities, policies, priorities and requirements for entry, residence and work, in accordance with international law.

Again, referring to ”illegal aliens” as ”irregular migrants”. This manipulation of language is infuriating. Reiterating that this is voluntary, but it will be interesting to see how much pressure is applied later.

OBJECTIVE 1: Collect and utilize accurate and disaggregated data as a basis for evidence based policies
.
17. We commit to strengthen the global evidence base on international migration by improving and investing in the collection, analysis and dissemination of accurate, reliable, comparable data, disaggregated by sex, age, migration status and other characteristics relevant in national contexts, while upholding the right to privacy under international human rights law and protecting personal data.

This sounds creepy and Orwellian. Will nations be forced to give up personal data to international agencies? See the last article here.

OBJECTIVE 4: Ensure that all migrants have proof of legal identity and adequate
documentation
.
20. We commit to fulfil the right of all individuals to a legal identity by providing all our nationals with proof of nationality and relevant documentation, allowing national and local authorities to ascertain a migrant’s legal identity upon entry, during stay, and for return, as well as to ensure effective migration procedures, efficient service provision, and improved public safety. We further commit to ensure, through appropriate measures, that migrants are issued adequate documentation and civil registry documents, such as birth, marriage and death certificates, at all stages of migration, as a means to empower migrants to effectively exercise their human rights.

The wording of this is troubling. How exactly will the UN help people gain identification? Will they take them at their word? Also, does this document refer to migration as a human right?

OBJECTIVE 11: Manage borders in an integrated, secure and coordinated manner
.
27. We commit to manage our national borders in a coordinated manner, promoting bilateral and regional cooperation, ensuring security for States, communities and migrants, and facilitating safe and regular cross-border movements of people while preventing irregular migration. We further commit to implementborder management policies that respect national sovereignty, the rule of law, obligations under international law, human rights of all migrants, regardless of their migration status, and are non-discriminatory, gender-responsive and child-sensitive.

Arguably the worst of them all. ”Manage borders in an integrated manner”? This would destroy national sovereignty.

Okay, here is the full list of the 23 objectives:


Objectives for Safe, Orderly and Regular Migration
(1) Collect and utilize accurate and disaggregated data as a basis for evidence-based policies
(2) Minimize the adverse drivers and structural factors that compel people to leave their country of origin
(3) Provide accurate and timely information at all stages of migration
(4) Ensure that all migrants have proof of legal identity and adequate documentation
(5) Enhance availability and flexibility of pathways for regular migration
(6) Facilitate fair and ethical recruitment and safeguard conditions that ensure decent work
(7) Address and reduce vulnerabilities in migration
(8) Save lives and establish coordinated international efforts on missing migrants
(9) Strengthen the transnational response to smuggling of migrants
(10) Prevent, combat and eradicate trafficking in persons in the context of international migration
(11) Manage borders in an integrated, secure and coordinated manner
(12) Strengthen certainty and predictability in migration procedures for appropriate screening, assessment and referral
(13) Use migration detention only as a measure of last resort and work towards alternatives
(14) Enhance consular protection, assistance and cooperation throughout the migration cycle
(15) Provide access to basic services for migrants
(16) Empower migrants and societies to realize full inclusion and social cohesion
(17) Eliminate all forms of discrimination and promote evidence-based public discourse to
shape perceptions of migration
(18) Invest in skills development and facilitate mutual recognition of skills, qualifications and
competences
(19) Create conditions for migrants and diasporas to fully contribute to sustainable development in all countries
(20) Promote faster, safer and cheaper transfer of remittances and foster financial inclusion of migrants
(21) Cooperate in facilitating safe and dignified return and readmission, as well as sustainable reintegration
(22) Establish mechanisms for the portability of social security entitlements and earned benefits
(23) Strengthen international cooperation and global partnerships for safe, orderly and regular migration

This global compact will undermine if not destroy what it means to be a nation.

If Canada (or any other nation) has to coordinate or integrate its border policies with the United Nations, then we don’t have borders.

Further, while under the pretense of ”helping refugees” the UN seems to want to have a say in how national migration policies IN GENERAL are handled.

Side Note: See here for a piece on ID requirements to vote in some Common Law countries. It is true.

Overall, the UN Global Compact for Migration is a frightening agreement. Anyone who values the sovereignty and independence of their country should be aware of, and opposed to this.