VIDEO: Scott Israel May as Well Have Bought the Gun for Parkland Killer — He Enabled Him

“Sheriff Scott Israel worked hand in hand with Robert Runcie to hide criminal actions, misdemeanors, felonious behavior of students like this murderer. They enabled him to avoid having a record established that would have prevented him from legally purchasing a firearm. In my opinion, Sheriff Scott Israel may as well have walked into the gun store and bought it for him.” —Dana Loesch

The Real Story of Parkland: Failed Leadership and Failed Cover-Ups

“The real story of how this murderer could pull off his plan undeterred is and has always been about those who were tasked with recognizing the threat that he posed before that fateful day.” —Dana Loesch

School Board Fights to Preserve Bathroom Policy After Judge OKs Trans Student’s Lawsuit

A Virginia public school district will pursue an appeal after a federal judge ruled that a transgender student can challenge the district’s bathroom access policies under federal civil rights law and the Constitution.

Gloucester County Public Schools asked U.S. District Court Judge Arenda Wright Allen to allow its appeal on Friday. Allen’s late May decision allowing the student to bring a case against the district was not a final judgement, meaning the district must secure Allen’s approval before filing an appeal.

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Though appellate review before final judgement is limited to a narrow range of issues, lawyers for the district argue it is appropriate here, because the appeals court’s decision will essentially determine the outcome of the case.

The American Civil Liberties Union, which represents the plaintiff, consented to the motion. If Allen agrees, the case will proceed to the 4th U.S. Circuit Court of Appeals.

“We think the vast majority of courts have already ruled that these sorts of discriminatory polices violate [federal and constitutional protections],” ACLU lawyer Joshua Block told The Associated Press. “And we’re confident the 4th Circuit would agree.”

Allen denied the district’s motion to dismiss on May 22, finding the student can sue the system for violating the Constitution’s equal protection guarantees and Title IX, which forbids sex discrimination in education.

The case was occasioned when a transgender student named Gavin Grimm began using the men’s restroom at his public high school. Grimm is a trans man. District policy provides that trans students must use the bathroom corresponding to their birth gender or an alternative all-sex bathroom.

Grimm’s case reached the U.S. Supreme Court in 2016, but the justices punted on the dispute after the Trump administration withdrew Obama-era guidance that advised public schools that Title IX requires administrators to allow students access to the bathrooms of their choice.

RELATED ARTICLE: “BDSM” the next LGBT push on society. Depraved, dangerous behaviors are now taking place at major hotels across America. 

EDITORS NOTE: Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities for this original content, email licensing@dailycallernewsfoundation.org. The featured image of Gavin Grimm attending the Time 100 Gala in New York City on April 25, 2017 is by by Steven Ferdman. [Photo via Newscom]

TSA Ignores Feckless Congress, Bullies States In Power Grab

By KrisAnne Hall

The Transportation Security Administration is now standing virtually alone, above the law, above Congress and above the Constitution.

It is ignoring the law which created it and bullying any airports that attempt to deploy a private security force — which they are allowed to do under the law — with the threat of creating an effective “no-fly zone” at that airport. It is bullying states such as Texas that try to ban pat-downs.

In reality, there is absolutely no oversight or accountability of the TSA, now a rights-threatening monster created by a Congress intent on looking the other way.

wrote recently about the secret list that the TSA has created to identify any passengers who have offended TSA agents. Congress is not privy to this secret list, or apparently that it even existed. Congress is not establishing the policies that get someone on the list, nor have they established that people are noticed and a procedure created to petition to be removed. This is a purely arbitrary power resting in the hands of individual, unaccountable agents.

But this not a new dynamic. For the TSA and Congress, it is actually a designed one.

Most Americans do not know that the very congressional act that created the TSA, also established that airports could replace federal TSA agents with private security two years after the law was enacted. However, in January 2011, when more than 16 airports had tried to opt out, TSA refused to leave these airports and the director of the TSA put a “freeze” on the airports’ ability to opt out, violating the very Act that created the TSA.

When the TSA violated this Act with their policies and actions, Congress didn’t step up and remind them of the existing law. Instead, Congress passed a new law, HR 658, reasserting the “right” of the airports to opt out of TSA screeners and required the TSA to notify all airports of this “right.” Yet, in a questionable move, Congress also then gave the Secretary of Homeland Security, the directing agency over the TSA, the authority to approve or deny an airport’s “request” to transfer to private security screening.

In summary, Congress told the airports they had a “right” to opt out of federal screening and then put the TSA in charge of approving or denying this “right.” If the TSA has the authority to approve or deny their own employment, then the airports do not possess a right to transfer to private screening, they merely possess a privilege granted by those they wish to remove.

Would that not mean that by all form and function, our airports are now occupied through force by the federal government? That, by definition, is despotism.

Unfortunately, this point is proven by the fact that in 2011, Texas lawmakers attempted to pass a law outlawing TSA pat downs. The FAA responded immediately by threatening to turn Texas into a de facto “No Fly Zone” if the law was signed. Of course, Texas backed down. If the federal government can deny a State’s right to internally govern itself, this is a violation of the delegation of Constitutional powers expressly enumerated and a violation of the reserved powers of the States expressly identified in the 10thAmendment.

There is no constitutional authority for the TSA to exist, much less wield unchecked power within the states. This unconstitutional agency was created by Congress through the pretense of “national security” and it is failing miserably.

According to James Bovard in the Los Angeles Times,

“the Department of Homeland Security concluded last year that TSA officers and equipment had failed to detect mock threats roughly 80% of the time. In Minneapolis, an undercover team succeeded in smuggling weapons and mock bombs past airport screeners 95% of the time. An earlier DHS investigation found the TSA utterly unable to detect weapons, fake explosives and other contraband, regardless of how extensive it’s pat-downs were.”

Americans have been deceived into trading their essential liberties for a completely non-existent security. We have a private or state option that would likely be more effective and one that could more closely be overseen through the states.

Congress has created this monster. They have made TSA above check and balance, above the law and Congress, and above the Constitution itself: not only the 4th Amendment, but also the 1st Amendment, 6th Amendment, 7th Amendment, 8th Amendment, and 10th Amendment. It is time for the American people to stand up to Congress, the DHS, and the TSA and assert our Right to keep ourselves “secure.”

It is time Americans replace this ineffective, intrusive and secretive unchecked system with one that follows the law and the Constitution, and where the States protect the internal security of the people while the feds are limited to the specifically enumerated powers.

ABOUT KRISANNE HALL

KrisAnne Hall is a former biochemist, Russian linguist for the U.S. Army, and former prosecutor for the State of Florida. KrisAnne also practiced First Amendment Law for a prominent Florida non-profit Law firm. KrisAnne now travels the country teaching the foundational principles of Liberty and our Constitutional Republic. She is the author of 6 books on the Constitution and Bill of Rights, and has an internationally popular radio and television show. Her books and classes have been featured on C-SPAN TV. KrisAnne can be found at www.KrisAnneHall.com. Get the book “Sovereign Duty” to learn what the designers of our Constitution wanted Americans to do when their federal government became bloated and out of control. Find this book on Amazon, Barns & Noble, Wal-Mart, and many other merchants.

EDITORS NOTE: This column originally appeared on The Revolutionary Act.

THE B-1 ‘FRANKEN-VISA’ NIGHTMARE: The little-known visa program that is sabotaging American workers.

It is important to give credit where credit is due.  I have not been alone in voicing frustration over how the mainstream media rarely, if ever, provides accurate coverage about immigration-related issues.  Today we will focus on an example of solid journalism.

On July 31, 2017, CBS News posted an important and hard-hitting investigative news report titled, “Made in America: How the U.S. Auto Industry Was Built with Foreign Labor.” A YouTube video of the report was aired by CBS News under the title, “Foreign workers being used to build auto plants in the U.S.”  It is a video that I urge you to watch.

The CBS News report caught the attention of Paul Mitchell, a member of the House Committee on Oversight and Government Reform, who, on May 16, 2018, issued a press release to announce a roundtable discussion into visa fraud that was predicated on the CBS News report.

Immigration fraud was identified, by the 9/11 Commission as the key entry and embedding tactic for terrorists who sought to carry out deadly terror attacks in the United States.  This concern served as the prediction for my recently published booklet, “Immigration Fraud: Lies That Kill.”

Immigration fraud not only costs lives but American livelihoods.

This is the brief press release:

“It’s important that we identify, examine, and fight the fraudulent use of visas by employers. Specific visas are designed for specific purposes, and when companies abuse or deceive the visa system, they hurt American workers and the American economy, as well as the foreign workers they hire under fraudulent pretenses. This morning’s roundtable was a good start to shining a light on visa fraud so the relevant government agencies can take effective steps to enforce our laws.”

Background

  • In July 2017, CBS News released an investigative report providing compelling evidence that certain foreign automobile manufacturers are hiring subcontractors who intentionally employ workers admitted under “B-1 in lieu of H-1B” visas to bypass foreign labor laws and increase company revenue. The report further alleges these workers were paid substantially less than American workers would have been paid performing the same jobs.
  • Today, Rep. Mitchell hosted the Departments of State, Labor and Homeland Security to learn more about what options are appropriate for hiring foreign workers, as well as what efforts are underway to identify, investigate and mitigate the fraudulent use of visas by foreign employers and employees. While the issue of securing the U.S./Mexican border against illegal (un-inspected) entry into the United States figures prominently in the news, nearly half of all illegal aliens did not run our borders thereby entering the U.S. without inspection, but were admitted into the United States and then, in one way or another, went on to violate the terms of their respective admissions as stipulated by the various visas they used to enter the United States.

The State Department provides a Directory of Visa Categories.

Nonimmigrant visa holders are admitted for a limited period of time, depending on the category of visa they used to enter the United States.  Many of these visas prohibit these aliens from being gainfully employed in the U.S.

Most politicians and pundits say that such illegal aliens, who violate their terms of admission, simply “overstayed” their authorized period of admission.

However, while nonimmigrant aliens who fail to depart from the United States before their temporary authorized period of admission expires are indeed illegally present and subject to removal, this violation by itself has little real-world consequence for America and Americans.

What is seldom discussed is that most such “status violators” violate other provisions of their lawful admission and this does profoundly impact our nation and our fellow Americans.  In point of fact, many of these illegal aliens also work illegally.  This not only displaces American and lawful immigrant workers and may result in wage suppression or even wage reduction, but also hammers the U.S. economy as these aliens wire tens of billions of dollars out of the U.S. economy to their home countries.

Often these illegal aliens sought visas and entry into the United States fully intent on violating our immigration laws from the outset, but concealed their ultimate goals from the Department of State consular officials who granted them their visas and the CBP (Customs and Border Protection) who interviewed them when they applied for admission.  False statements and the concealment of material facts, and/or the creation of false and misleading evidence in support of their lies to obtain visas and gain entry into the United States constitutes fraud, a serious crime.

Such was the case where these hundreds of European construction workers are concerned.

A partnership exists between the Department of State and the elements of the DHS (Department of Homeland Security) that enforce and administer the immigration laws.  The State Department is responsible for issuing visas to aliens and CBP inspectors have the authority to admit aliens into the United States and are guided by the provisions of Title 8, United States Code, Section 1182 which enumerates the categories of aliens who are to be excluded.

The CBS News report focused on the B-1/B-2 visa and a supposed hybrid visa known as the B-1 in lieu of H-1B visa.  I have come to refer to this hybrid visa as a Franken-visa because it is a monstrosity that has no legal underpinning and in my judgment, undermines the integrity of the visa process and suborns fraud and malfeasance, hurting American workers.

A B-2 visa generally permits the bearer to remain in the U.S. for up to six months.  The B-1 visa is a business visa that permits the alien to conduct business in the United States and attend training sessions and conferences, review corporate procedures in the United States and carry out other such functions.  However, they are not authorized to be gainfully employed in the United States.  Typically an alien entering the U.S. for business purposes is issued a B-1/B-2 visas so that after they complete the business that brought them to the U.S. they may spend some time as tourists.

The USCIS (United States Citizenship and Immigration Services) website provides an explanation of the B-1 Visa.

The State Department’s consular officers who issue visas, are supposed to be a part of the process to keep aliens, who are likely to violate the terms of their visas, from receiving those visas in the first place.  These consular officers are supposed to be on the “same page” as the CBP inspectors who make the decision at America’s ports of entry as to whether or not to admit those aliens.

Now it would appear that not only are consular officials not on the same page as CBP inspectors, but are apparently not even reading from the same play book. And once again, America and Americans are paying the price.

The number of controversial H-1B visas that are issued each year are limited by a CAP.  The B-1 in lieu of H-1B visas are not capped and these visas, unlike virtually all other visas are not based on an underlying law.  Visas categories are established by law, not a hunch or a desire to play favorites for those with political clout.

Representative Mitchell’s press release noted that the predication for that Congressional roundtable discussion was a CBS News investigative report that had been broadcast in July 2017 that disclosed how European automakers got huge tax breaks to build brand new factories to manufacture their cars in the U.S., but used European labor to construct those factories.

The European automakers hired agencies such as the German contractor Eisenmann which then outsourced the hiring process to other subcontractors who then gamed the visa process, thereby committing apparent visa fraud that brought thousands of Eastern European construction workers to the United States with B-1/B-2 visas.

These workers were paid approximately ten dollars per hour while it was estimated that American tradesman would command wages of between $45 and $50 per hour.

CBS News explained how these workers were hired:

When a carmaker like Mercedes wants to expand its plant, they hire a contractor, like the German corporation, Eisenmann, to build parts of it. Eisenmann then subcontracts smaller companies to build parts of the plant and some of those companies hire labor from Eastern Europe.

It is a common practice for a company to hire contractors and subcontractors to hire workers.

Here, however, it was shown how many of these foreign workers were coached by those contractors to lie to the consular officers who interviewed them when they applied for their visas and how to lie to the CBP inspectors at ports of entry.

At least one of the companies justified its hiring practices by noting how the B-1 in lieu of H-1B visas made what they did legal.  Of course this is not true, but nevertheless an in-depth investigation must be conducted to determine how and why this visa category was created in the first place.

Clearly ICE (Immigration and Customs Enforcement) needs many more agents to ramp up investigations of worksite immigration violations.  This would be consistent with President Trump’s plan to put Americans first.

Immigration law violations are not “victimless crimes.”

EDITORS NOTE: This column originally appeared in FrontPage Magazine.

‘Right to Try” Law Provides Access to Experimental Treatment to 1 Million Terminally Ill Americans

SAN DIEGO, CA /PRNewswire-USNewswire/ — Congressional Candidate, and San Diego “Top Doctor,” Dr. James Veltmeyer announced today that his wife, cancer patient, Laura Veltmeyer may be one of the one million Americans that stand to benefit from President Trump’s recently signed “Right to Try” Law.

The Law, formally known as “Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Belllina Right to Try Act of 2017” amends existing Federal law to allow certain unapproved, experimental drugs to be administered to terminally ill patients who have exhausted all approved treatment options and are unable to participate in clinical drug trials.

“One of the biggest failings of the Health Care System is that there are hundreds of experimental drugs that potentially benefit terminal patients, but until now, they have been withheld from patients because of bureaucratic processes and red tape. While the FDA must be applauded for their diligence in preventing harmful medicines from entering the USA market, every year terminal patients are forced to go offshore in search of promising treatments that are not available in our own Country,” said Dr. James Veltmeyer, Republican Candidate for the 52nd Congressional District.

President Donald Trump stated in reference to the law “People who are terminally ill should not have to go from country to country to seek a cure — I want to give them a chance right here at home.”

“My wife and mother of my 2 children, is currently suffering from Stage IV Breast Cancer. As her condition advances, it is comforting to know that my wife now has the choice to receive treatments that can potentially save her life,” said Dr. Veltmeyer.

Dr. Veltmeyer is on the Scientific Advisory Board of Therapeutic Solutions International, a biotechnology company that recently announced its intention to provide access to its StemVax product for terminal patients under the newly passed Law.

“I am running for Congress to represent our community and to fix the Health Care system. The 52nd District houses some of the most advanced biotechnology companies that are developing new treatments for terminal diseases.  It is saddening that the current Congressman for the 52nd District, Scott Peters, not only ignored the rights of terminal patients, but also of biotechnology companies, in voting against this Bill.”

EDITORS NOTE: The featured image is of President Trump kissing Jordan McLinn, a Duchenne Muscular Dystrophy patient, after signing the “Right to Try” act on May 30, 2018 in Washington, D.C. (Photo/AP/Evan Vucci)

3 Million People Have Found Jobs Since Trump Took Office

The good economic news just keeps rolling in.

On Friday, the Bureau of Labor Statistics released a positive May jobs report, announcing the U.S. economy added 223,000 jobs and the unemployment rate reached its lowest level since 2000, dipping to 3.8 percent.

While this report shatters expert predictions by nearly 30,000 jobs and continues to show signs of a strong economy, it also makes clear that as people continue to leave the workforce, employers will need to step up their game in order to attract workers to fill open positions.

The strong jobs report shows that a record number of Americans are employed, nearly 3 million people have found a job since President Donald Trump took office, and over the past 12 months we have averaged 191,000 new jobs per month.

In addition to this, African-American unemployment has fallen dramatically from 7.8 percent when Trump took office to 6.6 percent in April, and now to 5.9 percent. This represents a record low.

In addition, Hispanics continue to experience near historic lows in unemployment, reaching 4.9 percent. The unemployment rate for women, now at 3.6 percent, is also at its lowest point in decades.

This brings the unemployment rate down 0.5 percent over the last year, unemployment down by 772,000, and long-term unemployment down by half a million.

The top gains in the report are in retail trade (+31,000 jobs), health care (+29,000 jobs), construction (+25,000 jobs), manufacturing (+18,000 jobs), and mining (+6,000 jobs).

A year and a half into his presidency, Trump continues to add jobs to key sectors he targeted during his campaign. Since he was elected, the U.S. has added 322,000 manufacturing jobs and has reversed the trend of losing mining jobs, adding 91,000 jobs since November of 2016.

On a more troubling note, the labor force participation rate (the number of people who could be working, but choose not to) ticked down a 10th of a percentage point to 62.7 percent. This shows that the labor market is tightening. In fact, the number of people counted not in the labor force reached a record high of nearly 96 million people.

With more and more staying out of the workforce, employers have been steadily raising employee pay. In May, average hourly earnings for all private-sector employees rose by 8 cents, totaling a 71-cent increase over the year. This is the largest 12-month increase since 2009.

What does this mean? To fill open jobs and continue growing the economy, employers need to make work more appealing. How? Pay more and offer more.

One example of this can be seen in Walmart’s recent decision to increase pay, add maternity and paternal leave benefits, and introduce a college tuition program. To attract and keep talent, companies like Walmart will have to offer better and better deals to workers.

Those better deals are made all the more feasible when the government implements pro-growth policies, like the recent tax reform and regulatory reductions. Businesses now have more money and flexibility to be creative in how they attract and maintain their workers.

To date, over 4 million Americans have received a pay raise and/or a bonus because of tax reform. This is not just employers being altruistic, it’s a market-driven response to a need to attract and maintain workers—enabled by the government taking less money away from businesses.

One thing is certain: When businesses have more, they can and will do more. While there are some challenging aspects to the latest jobs report, the overarching theme shows that pro-growth policies are giving employers the flexibility they need to innovate and solve problems.

Let’s keep the momentum going.

COMMENTARY BY

Portrait of Timothy Doescher

Timothy Doescher is associate director of coalition relations at The Heritage Foundation’s Institute for Economic Freedom.

Dear Readers:

With the recent conservative victories related to tax cuts, the Supreme Court, and other major issues, it is easy to become complacent.

However, the liberal Left is not backing down. They are rallying supporters to advance their agenda, moving this nation further from the vision of our founding fathers.

If we are to continue to bring this nation back to our founding principles of limited government and fiscal conservatism, we need to come together as a group of likeminded conservatives.

This is the mission of The Heritage Foundation. We want to continue to develop and present conservative solutions to the nation’s toughest problems. And we cannot do this alone.

We are looking for a select few conservatives to become a Heritage Foundation member. With your membership, you’ll qualify for all associated benefits and you’ll help keep our nation great for future generations.

ACTIVATE YOUR MEMBERSHIP TODAY

Why Democrats Aren’t Running Against “Evil” Tax Cuts

Back in December and January, Democrats and their fellow-travelers in the media were ebullient over the idea of running against the “tax cuts for the wealthiest 1 percent” tax reform package Congress had passed on a straight party-line vote, and President Trump subsequently signed into law.

It’s worth a quick and entertaining look back at the now commonplace hysterical response from the American Left (Democrat/Media/Culture/Education establishment), this time at basic tax cuts.

House Democratic leader, Nancy Pelosi, a constant well-spring of poppycock, called the legislation “the end of the world” and “the worst bill in the history of the United States Congress.” (Ahem…Fugitive Slave Act?) She predicted the tax cut would create “a permanent plutocracy in our country that does violence to the vision of our Founders.” California Gov. Jerry Brown called tax cuts “evil in the extreme.”

The Washington Post felt compelled to run a column predicting the Great Depression II, including unemployment at 25 percent. Former Treasury Secretary Larry Summers said the bill’s health provisions would kill 10,000 people annually. And economic historian Bruce Bartlett said that tax cuts are “akin to rape.”

Veteran Atlantic political reporter Ron Brownstein argued that “President Trump and congressional Republicans have just taken the same leap of faith that Democrats did when they passed the Affordable Care Act.” The Huffington Post anxiously ran a story headlined “ObamaCare Plagued Democrats In 2010. The GOP Just Voted For A Bill Even Less Popular.”

And what’s a media nonsense roundup without Paul Krugman, who wrote a column, “Republicans’ Tax Lies Show the Rot Spreads Wide and Runs Deep.”

Well, something was running wide and deep.

But now that the big blue wave midterms are approaching, Democrats actually are not running against the end of the world, against 25 percent unemployment, against rot, against evil. You’d think those would be winning issues with the American people. Perhaps the end-of-the-world bombast was just empty drivel like so much that has been upchucked into the media since November 2016.

Remember how Republicans ran loud and hard (and for some, lied) about repealing Obamacare as soon as they had the chance. It was proving unpopular and hitting Americans negatively. We are seeing an almost complete absence of that now in both Democratic primaries, and where the general elections are set, in regards to the tax reform package that was the end of the world.

It’s not just by observation we are seeing this step away from tax cut repeal. Democratic leadership is admitting it. Washington Post political reporter David Weigel asked Democratic leaders about it at their recent strategy retreat, and tweeted their response:

“Asked Dems at retreat presser if they’ll run in 2018 on repealing the Tax Cuts and Jobs Act. Answer: Not really. (They’ll “restore balance.”) Weigel tweeted the full text of his questions and their answers. By balance, they presumably and without elucidation, mean balancing the budget, which they did such a bangup job of doing when they were in control.

Why the big flip for Democrats? It’s more than the dawning realization that the slogan, “Vote for me and I’ll raise your taxes!” is probably not going to resonate with voters.

 First, there are the actual facts involved with the tax reform package. The politically liberal Tax Policy Center ran the numbers and figured the tax cuts would benefit 80 percent of American families, while raising taxes for just 5 percent. Those tax hikes would fall disproportionately on the wealthiest 1 percent. The average family would save $1,610.

More facts. The Congressional Budget Office has sharply increased its forecast for GDP growth in 2018 from 2 percent to robust 3.3 percent as a direct result of the tax cuts. The CBO predicts GDP growth next year at 2.4%, up from the expected 1.5% before the tax cuts. Further, the CBO says that this level of growth in the economy could eliminate most of the so-called tax-cut deficit that Democrats are suddenly so concerned about. Unfortunately but to no one’s shock, the media largely ignored that report.

 Second, the tax cut package still remains popular. The “Republican” or “GOP” tax cuts, not so much. Recent polls showing a decline in support for the GOP tax cuts have elated Democrats and the media. But they’re quite misleading. The tax cuts themselves, broken down by almost every element within the bill, are overwhelmingly popular.

Investors Business Daily broke those down here. Americans’ support is absurdly high for most elements of the tax cuts. But most polls label the tax cuts as Republican or GOP, and when that happens, the support drops significantly.

A couple of things are at work here. One is the ongoing demonization of Republicans in the media. This has been a long-running train. The other is the conflation of budget deficit with the tax cuts. This of course has two elements, one of which is continued runaway spending, which congressional Republicans caved on like they always do. (Remember, they are caving to Democrats who actively pursue the runaway spending.) Saying that the taxes alone caused the projected $1.5 trillion deficit — over 10 years, because that is the only way to make it look bad — ignores half of the equation but clearly can influence news consumers.

 Third, an April Gallup Poll found that Americans think the tax code is more fair today than it was before the GOP tax cuts took effect. Last year, 51 percent of Americans said middle income families pay too much income taxes. That is now down to 42%. And amazingly, given the media coverage, 26 percent say upper-income families pay their fair share, up slightly from 24 percent last year. And the big corporate fat cat giveaway? Well, 24 percent now say that corporations pay their fair share, up sharply from 19% a year ago when corporate tax rates were much higher.

It’s hard to run on a lie when the truth keeps showing up in bi-weekly dollars in the wallet, when you can see how strong the economy around you is. High GDP growth is tangible, just like anemic GDP growth was under Obama.

Americans realize that the tax reform package was a net positive for their pocketbooks, for the economy, for jobs and for the deficit — the absolute opposite of how they rightly viewed Obamacare. That Democrats aren’t clawing to run against it means they still have a modicum of political sense left.

EDITORS NOTE: This column originally appeared on The Revolutionary Act. Please subscribe to our Revolutionary YouTube.

Nazism and Communism Are Two Sides of the Collectivist Coin

Big government is coercive government, regardless of what label is applied.

by Daniel J. Mitchell

In 2016, I toured the Tuol Sleng Genocide Museum in Cambodia, which memorializes the victims of communist butchery in that nation.

Earlier today, I was lucky enough to get a tour through the House of Terror, a museum in Budapest that commemorates the horrors that Hungary endured during both Nazi occupation and Soviet occupation.

House of Terror

Some of the exhibits are uplifting, such as the photo from the 1956 uprising that shows a toppled statue of Stalin.

Other parts are downright depressing.

Or, in the case of these torture instruments, certain exhibits are utterly horrifying (you can use your imagination to figure out what the communists did with the glass tubes).

If you go to Hungary, the House of Terror should be on your list of things to do.

I was particularly gratified to learn that it’s the most-visited museum in Budapest. Not simply because it’s filled with interesting material, but because it helps people understand that all forms of statism are wrong.

The House of Terror has exhibits on the brutality of Nazi rule and the brutality of Marxist rule.

Which is a good excuse for me to share excerpts from a couple of columns on the common thread between fascism and socialism.

All Forms of Statism Are Wrong

In a column last November for the Foundation for Economic Education, Brittany Hunter shared some of Friedrich Hayek’s analysis of the philosophical link between national socialism and international socialism.

F.A. Hayek’s The Road to Serfdom, …in chapter twelve, …Hayek highlights the very important connection between the socialist and Nazi intellectuals by profiling a handful of prominent German Marxist supporters… Hayek points out that contrary to what many think, Nazism did not simply appear out of thin air and infect the minds of docile German people. There were academic roots that, while grown in the soil of socialist thought, grew into a philosophy that praised German superiority, ultimate war, and the degradation of the individual.

…Beginning his list of influential thinkers prior to WWII, Hayek begins with the dedicated Marxist who later embraced nationalism and dictatorship, Werner Sombart (1863-1941). …He seethed with criticism for the English people, who, in his mind, had lost their warlike instincts. …His other main criticism of English culture was the emphasis placed on the individual. For Sombart, individual happiness was hampering societies from being truly great. …Professor Johann Plenge (1874-1963) was another leading intellectual authority on Marxist thought during this time. He also saw war with England as a necessary struggle between two opposite principles: emphasis on the individual and organization and socialism. …Interestingly enough, many…socialist philosophers eventually abandoned Marxism in favor of National Socialism… while Prussian militarism was seen to be the enemy of socialism, Spengler helped bridge that gap. Both schools of thought require an abandonment of the individual identity. …This hatred and fear of the individual is the worldview espoused by these thinkers and it continues on with those who claim to be socialists today. Unless the concept of individualism is completely eradicated, the glorified state cannot come into existence.”

Earlier this year, Byron Chiado echoed this analysis of Hayek’s Road to Serfdom in another FEE column, pointing out that all forms of socialism reject classical liberalism.

The bulk of the book makes the argument that central planning and interventionism inevitably lead to authoritarianism… Towards the end of the book, he deals with the undeniable authoritarians of his time and casts the national-socialist movement as one built on disgust with liberalism. …Sombart, like many Germans in the early 20th century, was compelled by a case for war between the British and Germany on the grounds that the British…pursuit of individual happiness, which he saw as a disease contracted from a society built on commercialism. Laissez-faire was an unnatural anarchic order giving rise to parasites and dishonest merchants… another Marxist, Sociologist Johann Plenge…moved into the shamelessly totalitarian realm that attracted so many Marxist leaders… Hayek gives…a warning to England; that the “conservative socialism” en vogue at the time was a German export, which for reasons he details throughout the book, will inevitably become totalitarian. …This was not a sensationalist attempt to prove his point. Hayek was rather calmly pointing out an example of the type of government one could expect in a society that has discarded liberalism for planning.”

Amen. Big government is coercive government, regardless of what label is applied.

Which is why libertarianism (what Hayek would have called liberalism, meaning classical liberalism) is the proper philosophy of government. Assuming, of course, one values individual rights and civil society.

P.S. I also visited the Solidarity Museum in Poland a few years ago. Maybe I could put together a guide-book on the horrors of totalitarianism.

Reprinted from International Liberty.

Daniel J. Mitchell

Daniel J. Mitchell

Daniel J. Mitchell is a Washington-based economist who specializes in fiscal policy, particularly tax reform, international tax competition, and the economic burden of government spending. He also serves on the editorial board of the Cayman Financial Review.

COVER-UP: Broward County Sheriff’s son held down 14-year old boy while friend sodomized him with a baseball bat

Bob Norman an investigative reporter for ABC News in Miami in his article “Parents call for investigation into Stoneman Douglas assault involving sheriff’s son” reports:

…But now, a report that recently surfaced has some victims’ families calling for a renewed investigation of [Broward Deputy Sheriff and Stoneman Douglas resource officer] Peterson for a case he handled four years to the day prior to the massacre. The case involved two 17-year-old students bullying a 14-year-old freshman, with one holding down the younger boy by his ankles while the other kicked the victim, grabbed his genitals and then took the victim’s own baseball bat and began shoving it against his buttocks, simulating rape, through the boy’s clothes. 

One of those assailants, the boy who allegedly held down the victim, was Israel’s son, Brett. Defense attorney Alex Arreaza, who represents shooting victim Anthony Borges, who was shot five times in the Valentine’s Day massacre but survived, said the case could have led to felony charges.

“He could be charged with a lewd and lascivious, and I’m being conservative,” Arreaza said.

Peterson claims in the report that it was a “simple battery” under the board’s discipline matrix, and he decided to give both of the boy’s attackers a three-day suspension. [Emphasis added]

Read more.

Heavy.com in an article titled “Brett Israel: 5 Fast Facts You Need to Know” reports:

Deputy Scot Peterson is being sued by Andrew Pollack, the father of Meadow Pollack who was shot dead at Marjory Stoneman Douglas High School on February 14. Pollack told ABC Miami, “[Peterson] was lazy and this could have given him protection to keep his job at the school during those four years.” Pollack, who is also on an investigative committee looking into the Parkland massacre, said that Peterson was rewarded with job security for protecting the sheriff’s son.

Peterson was widely criticized for his perceived cowardice during the Marjory Stoneman Douglas High School shooting. As the school’s resource officer, Peterson did not engage the suspect.

[ … ]

On his Twitter page, Brett Israel has been constantly defending his father against attacks over the handling of the Douglas High School shooting.

[ … ]

Brett has also been [at] odds with Parkland survivor, Kyle Kashuv, who is known for placing the blame of the massacre at the feet of “the cowards of Broward,” referring to Sheriff Israel’s department. When Kashuv shared a Daily Caller article about a no-confidence vote for Sheriff Israel, Brett wrote on Twitter, “You know Kyle, I hate to denounce you because I like what you stand for but this whole “politically motivated” movement to have the Sheriff removed has to stop. There is no basis for criminal conduct.”

Read more.

It is the duty of the Broward County School Board to protect its students. It is the duty of the Broward County Sheriff to protect and defend the citizens of Broward County, Florida. As the case of Nickolas Cruz moves forward more information about the shooting will be revealed. As the civil suit moves forward more information will be revealed.

It appears the political systems in Broward county are dysfunctional at the least and potentially criminal at the worst.

EDITORS NOTE: The featured image of Brett Israel from his Facebook page.

Trump Administration’s Proposed Rulemakings a Win-Win for America’s Firearms Industry, National Security

On Thursday, the Trump Administration published two rulemakings designed to enhance the competitiveness of American companies in the firearms and ammunition sectors, remove burdens for small businesses, and modernize export controls for the post-Cold War era.  The moves will benefit both the domestic firearms industry and improve national security. The publication of the proposals also triggered a 45-day comment period during which members of the public can provide feedback on the plans and share their own experiences with the underlying regulations.

The rulemakings are part of a larger, longstanding project to modernize America’s export regime for military and “dual-use” equipment and technology. Dual-use items are those considered to have both military and civilian applications. The governing philosophy of the project is to “build a taller fence around a smaller yard” by strengthening controls on the most militarily sensitive items while allowing less sensitive material with well-established civilian uses and markets to be subject to a more business-friendly regulatory climate.

They two big players overseeing U.S. exports are the State Department, which administers the International Trafficking in Arms Regulations (ITAR) and the U.S. Commerce Department, which handles the Export Administration Regulations (EAR). The items regulated by the ITAR are on what is known as the U.S. Munitions List (USML), while those subject to the EAR are on the Commerce Control List (CCL).

Whether on the USML or CCL, however, the items are still subject to close government oversight, including the requirement in most cases that any person or entity wishing to export them to any foreign nation get a federally-issued license to do so.

Nevertheless, items on the USML controlled under ITAR are generally treated more strictly, with national and international security considerations trumping all other factors in the granting of licenses. Any business that manufactures an item on the USML, or even just a part or component of such an item, also has to register with the State Department and pay an annual fee, which is currently set at $2,250. This registration is required even if the manufacturer has no intent to ever export the items. Compliance fees, including for licenses, are also generally higher for USML items, given the complexity of the regulations and the more stringent vetting given to license applications. 

Manufacturers of items on the CCL, or their parts or components, do not have to pay an annual registration fee to the Commerce Department. Moreover, regulation of these items is more flexible to promote the goal of increasing U.S. manufacturers’ and businesses’ worldwide competitiveness.

By properly apportioning export control between the two lists, the government will be able to apply maximum resources to overseeing the most consequential and sensitive equipment, while giving American businesses who manufacture consumer products a larger footprint in international markets. The result is greater security and a more robust U.S. economy. 

Currently, most firearms and ammunition (with the exception of certain sporting shotguns and shotgun shells) are controlled under ITAR and the USML. This has led to a host of problems for gun-related businesses in the U.S. and made it more difficult for U.S. businesses in this sector to be competitive internationally.

First, many American firearm businesses are small operations that do not export their products and never intend to do so but still have to pay annual registration fees to the State Department because what they do is considered “manufacturing.” So if a U.S. company that manufacturers springs wants to branch out into magazine or recoil springs for firearms, for example, it has to pay the State Department’s registration fee, even if those springs are exclusively sold in the U.S.

On the other hand, if a foreign company wanted to use those springs in the firearms it manufactures abroad, it would have pay more for doing so because of all the ITAR red tape the U.S. spring maker would have to go through to export the springs. This makes the U.S. springs a less attractive option.

Two other problems that arose with the ITAR during the Obama administration concern what is considered controlled “technical data” and who is considered a regulated “manufacturer.” 

As we reported at the time, part of building the “taller fence” for export control involved an initiative to tighten up rules for the “export” of “technical data.” In practice, this meant that publishers of technical information about firearms and ammunition – including exploded parts diagrams, gunsmithing tutorials, and handloading information – risked being swept up into the ITAR’s regulatory scope, particularly for items posted online.

Obama’s State Department also issued a confusing “guidance” document that expansively defined firearm “manufacturing” to include various common gunsmithing operations performed on existing firearms. This drove many smaller gunsmiths to limit or quit their business activity for fear of triggering the ITAR’s registration requirements or of incurring inadvertent violations that could bring ruinous penalties. 

All of these problems would be alleviated if the Trump administration’s rules were enacted as proposed, as most non-automatic firearms of .50 caliber or less, as well as their parts, components, accessories, and magazines of up to 50 rounds capacity, would be moved from the USML to the CCL. 

Another Obama-era ITAR change made it much more difficult for private individuals to travel abroad with personally owned firearms for lawful purposes such as hunting or competition because of an added requirement to document the “export” through an official website designed for commercial exporters. That requirement, unfortunately, would persist under the current version of the Commerce Department proposal but might be changed if affected parties explained their concerns during the comment period.

A further basis for comment could include the rules’ treatment of sound suppressors. Although these items are very common among hunters and recreational shooters both in the U.S. and abroad and do not provide the U.S. or its allies with any special military advantage, the published proposals would leave them on the USML. 

The easiest way to file comments is through the U.S. government’s online regulatory portal, Regulations.gov. The State Department’s proposed rule and comment form are available at this link. Use this link for the Commerce Department’s proposal. 

President Trump promised to be a friend to America’s gun owners, and these proposed rules show him making good on that pledge. Your input will encourage the Commerce and State departments to see these rules through to final enactment and help guide the process in the most positive direction possible. The NRA has long advocated for these changes and is extremely pleased to see progress being made toward that end. 

Endangered Species Act Fail

The Endangered Species Act (ESA) has been so ineffective at recovering species that the U.S. Fish and Wildlife Service has fabricated a record of success.

That’s the finding from Robert Gordon in a Heritage Foundation report.

New Heritage Foundation report highlights failures of Endangered Species Act

The Endangered Species Act (ESA) has been so ineffective at recovering species that the U.S. Fish and Wildlife Service has fabricated a record of success.”

Robert Gordon, The Heritage Foundation

Revealing a stunning record of failure and fabrication over nearly half-a-century, a new report by Robert Gordon of the Heritage Foundation calls for sweeping administrative reforms of the federal Endangered Species Act (ESA).

Enacted in 1973, the ESA has managed to “recover” only 40 species, or slightly less than one species per year.

“If not one more bird. beetle, or bear were added to the list of federally endangered or threatened animals and plants and somehow species recovered at 10 times that rate,” the report notes, “It would take well over a century-and-a-half to work through the current list. There is, however, no indication that the list of regulated species will stop growing.”

“Federally Funded Fiction”

Even worse, almost half of the “recovered” species – 18 out of 40 – are what Gordon calls “federally funded fiction.” It turns out that these 18 “recovered” species were never endangered in the first place and were placed on the endangered species list due to poor data. This, however, has not kept the Department of Interior’s Fish & Wildlife Service (FWS) from trumpeting their “recovery” as a success.

“This deceitful practice portrays mistakes as successes, distorting the most important measure of the program,” Gordon writes. “It also triggers other mandatory actions further wasting taxpayer dollars, serves as a justification for the adoption of more restrictive land management practices by other agencies, obscures significant problems with the data used to justify listing species, and erodes the overall credibility of the Service and the program.”

Were it not for the incompetence and dishonesty of the FWS, the examples of phony recoveries cited in the report would be comical. The Concho water snake found itself on the endangered list, because the FWS determined that the construction of a reservoir would destroy its habitat. After the reservoir was created, the snake slithered right in, and its numbers thrived. Also, the FWS found that it had grossly underestimated the size of the snake’s range. In touting the success of the snake’s “recovery,” the FWS said the creature had faced “habitat modification and destruction” but refused to acknowledge that the water snake was never threatened.

Johnston’s Frankenia, a plant found only in a few counties in southern Texas, was put on the endangered species list in 1984. At the time, the FWS claimed there were only five population with about 1,000 plants and that they were facing “grazing pressure.” Subsequent surveys found about 4 million plants by one estimate – and over 9 million by another. While the estimate of 4 million was available by 1999, it took the FWS another 17 years to delist the plant.

Then there is the Maguire daisy, an example of taxonomic error. In 2011, the FWS triumphantly announced the delisting of the daisy in a press release titled. “[A]n Endangered Species Success Story,” stating that the “population of the daisy was known to number seven plants when it was listed as endangered in 1985 but now numbers 163,000 plants with 10 populations….It is the 21st species to be delisted due to recovery.” Gordon points out, however, that the larger numbers reflects more thorough surveys and “the fact that the Maguire Daisy and another plant that had been believed to be distinct were in fact the same species.”

Impact on Landowners and Businesses

“Even if a species should never have been listed, while it is listed, landowners or businesses whose actions might unintentionally harm a member are potentially subject to the ESA’s fines and penalties,” Gordon writes. The report’s appendix provides information on 100 listed species that were or may have been erroneously listed but remain regulated under the ESA as well as a number that are possibly extinct.

The ESA has been a mess for decades, wasting public and private resources while doing precious little for the plants and animals it is supposed to protect. In the absence of a thorough congressional overhaul of the broken law – something that is as desirable as it is unlikely – Gordon makes several recommendations for dealing with the ESA’s flaws administratively.

Among other things, he recommends having the Interior Secretary issue an order directing the FWS to accurately identify the data that form the basis for removing or downlisting a species. Also, the FWS should correct the record by identifying and revising the basis of delisting for those species that the FWS has wrongly declared to have recovered. In addition, FWS should be directed to aggressively pursue the delisting of species listed using erroneous data or that are extinct.

The meticulously researched Heritage report provides an overview of the sham that is the ESA. Bureaucrats at the FWS can spend a lucrative 30-year career overseeing the “recovery” of a grand total of two species while imposing land-use restrictions throughout rural America that harm humans and do next to nothing for wildlife.

About the Author:

Bonner Cohen, Ph. D.

Bonner Cohen, Ph. D.

Bonner R. Cohen, Ph. D., is a senior policy analyst with CFACT.

Protecting environmental quality

Last time we saw how technology allows us to use more fossil fuels and have a cleaner environment. Now let’s turn to the role of laws in protecting and improving environmental quality.

The importance of thresholds

One of the motivators of the technology improving environmental quality is having laws that protect individuals from having their environment contaminated by other people. Proper pollution laws set thresholds of health and safety.

When we discuss policy we’ll talk about the trade-offs involved in setting those laws. For example, you can’t demand a perfectly zero emissions environment, which would mean among other things not allowing other people to breathe. Human diseases are actually much more dangerous than the emissions from the machines that we use.

We need laws that recognize that some amount of emissions is inevitable so that we have the right to produce and use energy but at the same time we need laws to protect our health and safety.

All forms of energy can threaten environmental quality

This is not just an issue for fossil fuels. All forms of energy can pose a threat to environmental quality without proper technology and laws. For example, producing wind turbines involves rare earth metals, which are highly toxic and can make the people mining them very sick and they can also be very hazardous when you need to dispose of the materials.

We need environmental laws and health and safety laws for every form of energy. Remember, every form of energy has potential benefits and potential risks. None are completely perfect, although some are better in different respects than others.

We need to look at the full context and we need to look at it carefully.

RELATED ARTICLE: Scott Pruitt’s Mission to Make EPA Operate More Efficiently

Broward County Sheriff’s Office Training Materials Say First One or Two Officers on Scene should ‘Confront the Shooter’

‘Remember, every time you hear a gunshot in an active shooter incident; you have to believe that is another victim being killed.’ 

Four Officers on Scene at February 14 Parkland Shooting Did Not Enter School Building 

(Washington, DC) – Judicial Watch today released Broward County Sheriff’s Office training and operation materials that specifically dictate that the first one or two officers on the scene of an active shooter incident “will immediately go to confront the shooter.”

The Broward County Sheriff’s Office’s Standard Operating Procedure and lesson plans for an active shooter incident were obtained by Judicial Watch via a Florida Sunshine Act records request.

The Broward County Sheriff’s Office confirmed that armed school resource officer Deputy Scot Peterson was first on the scene of the February 14 shooting at Marjory Stoneman Douglas High School in Parkland, Florida, but he did not enter the school to confront shooter Nikolas Cruz.

Three other deputies also arrived on the scene but did not enter, the sheriff’s office said. The Broward County materials direct that if four officers are on the scene of an active shooter incident they are to form a “Quad” formation and enter the building.

The lesson plan instructs officers to immediately confront a shooter:

History shows when a suspect is confronted by any armed individual (police, security, concealed carry person) they either shoot it out with that person or kill themselves. Either way, the shooting of innocent bystanders must stop. Now, the first officer or two officers on scene will immediately go to confront the shooter. Military tactics work well in this situation. The two man “bounding overwatch” is our response.

Using lessons learned from Columbine (the 1999 high school massacre where officers waited for a SWAT team and allowed two shooters to continue) the first four responding officers are directed to form a “Quad” and approach from all directions:

During Columbine, the response to an ongoing shooting situation was to contain the suspect. After Columbine the International Chiefs of Police addressed the problem with the response and came up with the “Quad” or diamond formation. With the quad, the first four officers to respond entered the building with coverage in all directions. This was critical to address the concerns of officers who previously would not enter and just wait for SWAT.

Broward County Sheriff Scott Israel said during a news conference that “What I saw was a deputy [Peterson] arrive … take up a position and he never went in.” Israel said Peterson should have “went in. Addressed the killer. Killed the killer.”

The lesson plan clearly states: “If you are on scene or in the area and hear gunshots, you should immediately access what you have and prepare to respond. Remember, every time you hear a gunshot in an active shooter incident; you have to believe that is another victim being killed.”

The training materials also state that the first officers on the scene will “engage the suspect,” which Peterson did not do. “There are now three teams during Active Shooter Incident [Contact, Extraction and Rescue Task Force]: Contact Team: Is first on scene, 1-4 deputies, they will be actively engaging/searching for suspect (HOT ZONE).”

The lesson plan lists “priorities of life” as: 1) Hostages/victims; 2) Innocent Bystanders; 3) Police/deputies; and 4) Suspects. “If in doubt about going through the door after a suspect, think about the victims and where they stand on the list.”

The importance of a fast and effective response is emphasized: “Time is critical in each of these incidents. This is like no other crime. The motive is to kill as many people as possible in the shortest amount of time. Why? Because the bad guy knows ‘we’ are coming.”

An exercise designed for a lone deputy on the scene of an active shooting is intended to “get the deputy moving towards the gunfire, passing dead students and others running by him.” However, “there is no reason to give up a good position of cover” if the shooting has stopped. “Remember the cavalry is on their way, so it’s better to hold, than to expose yourself to unknown threats.”

The Broward County Sheriff’s Office Standard Operating Procedure states:

“If real time intelligence exists the sole deputy or a team of deputies may enter the area and/or structure to preserve life. A supervisor’s approval or on-site observation is not required for this decision…. If the situation turns to a barricade or hostage situation the response team will contain, isolate, communicate and wait for SWAT.”

Records obtained by Judicial Watch also show that Sheriff Israel is the second highest paid of Florida’s 67 sheriffs at $186,631 for Fiscal Year 2017/18. The sheriff was eligible for $2,000 in supplemental pay for completion of a 20-hour training course. In 2016, Israel received a warning letter that he had not successfully completed the course and his supplemental pay was being withheld.

“These Broward County Sheriff’s Office documents obtained by Judicial Watch show that the law enforcement agency failed the victims of the Parkland shooting,” said Judicial Watch President Tom Fitton. “Lives were lost in Parkland because the Sheriff’s Office personnel were either poorly trained or failed to follow training protocols.”

INFOGRAPHIC: A Revolutionary Way to Get Funded — ICO Roundups

Initial coin offerings, or ICOs for short, are the latest craze in the cryptocurrency world. Despite being just a couple of years old, ICOs have managed to attract a lot of attention. It seems that in the past few months every news outlet had something to say about them, both good and bad. Some praise them for enabling startups to receive funds quickly, but some people despise ICOs because of their unregulated and fraudulent nature. However, one thing is for sure; they have revolutionized how projects receive funding.

While no one can argue that ICOs are flawless, a case can be made that they offer more pros than cons. Sure, ICOs have little, if any, regulatory oversight, and their track record is riddled with thefts, frauds, and failures. However, without them, we wouldn’t have Ethereum, the second biggest cryptocurrency right now, as well as numerous other new-technology startups. Judging ICOs based on the failed projects and without acknowledging their advantages creates a false image. After all, even some traditionally funded projects have turned out to be frauds.

Therefore, to avoid any future confusion, we at BTXchange.io have created this ICO round-up infographic. You can find information about the good and the bad side of this revolutionary way to get funded. Enjoy.

The Government Relies on Flawed Data to Determine Endangered Species

Americans who live in or near a community built around a lake should be careful about stepping outside to mow the lawn if the temperature isn’t just right and the grass isn’t a certain height.

They should keep pets indoors. They should forget about using weed killer. And they should be prepared to pony up a steep homeowners association fee.

That’s because there may be snakes in the area protected by the Endangered Species Act of 1973, which imposes stiff penalties and fines for violating its rules and restrictions.

Rob Gordon, a senior research fellow with The Heritage Foundation, discovered the situation while researching the U.S. Fish and Wildlife Service’s 1999 decision to list the Lake Erie water snake as a “threatened” species.

The Fish and Wildlife Service estimated the population of that particular water snake to be somewhere between 1,530 and 2,030 at the time. But just a few years later, the agency revised it to 5,690.

The government either made a “substantial underestimation” with the initial listing or the water snake had “a truly miraculous population growth rate” in a short time, Gordon observes in a recently published research paper that finds the listing process under the Endangered Species Act to be riddled with “erroneous data.”

Gordon concludes that “essentially half of the species” identified by Fish and Wildlife Service officials as “recovered” never should have been listed in the first place.

The regulatory fallout for developers, homeowners, and business owners who run up against the endangered species law is the same regardless of whether federal officials used sound science or flawed methodology, Gordon told The Daily Signal in an interview.

“Once a species is listed, it is regulated and the way it’s regulated doesn’t vary dependent upon the quality of the data the agency used,” Gordon said. “If one listing is legitimate and another listing is illegitimate based on erroneous data, the practical consequences are the same to the property owner or the business owner. He or she still faces the same restrictions whether or not these restrictions are legitimately based on science.”

After reviewing the Fish and Wildlife Service’s documentation in the case of the Lake Erie water snake, Gordon found the agency worked to impose “surreal regulatory hurdles” against a developer who sought to build seven houses on 15 acres.

The Fish and Wildlife Service called for easements to be placed on over five acres of lakefront property that would be donated to a nonprofit organization. The agency also sought a $50,000 “contribution” from the developer to cover construction of a hibernation habitat for the snakes, and creation of a homeowners association that would impose additional restrictions.

‘Federally Funded Fiction’

The case of the Lake Erie water snake “is a small example of the heavy-handed regulatory process for just one of the nearly 1,700 listed species to which landowners and businesses are repeatedly subject across the nation,” Gordon writes in his paper.

Although the government delisted the snake in 2011, numerous restrictions popped up in the meantime.

Homeowners association restrictions stipulated that residents make sure no snake was within 20 feet when applying weed killer to poison ivy, that they not allow cats outside, and that they abide by seasonal height and temperature guidelines for mowing lawns. Collectively, residents also had to provide up to $18,750 for snake research, and allow researchers to have access to their properties.

“This seems really over the top, doesn’t it?” Gordon asked in the interview with The Daily Signal. “And keep in mind that the snake’s actual population numbers were probably undercounted in the first place.”

Gordon describes the recovery figures that Fish and Wildlife officials cite as “federally funded fiction” that dramatically inflate the number of species that genuinely were endangered and subsequently preserved.

“With all the ESA’s costs and burdens, it should perhaps come as no surprise that the U.S. Fish and Wildlife Service is fabricating success stories to cover up this unsustainable mess and substituting fluff for statutorily required reporting regarding the recovery program,” he writes of the law in his paper.

The errors that result in listing species that are not genuinely endangered stem in large part from the “low bar for scientific data” set by the agency, Gordon concluded.

The Endangered Species Act calls for the “best available scientific and commercial data” to be used in the listing process. But here’s the problem, from Gordon’s point of view: Fish and Wildlife officials interpreted this directive to mean the information underpinning a listing doesn’t need to be complete or accurate.

“The agency has not set a high enough bar and sometimes they are using scant or even nonexistent data to list species,” Gordon told The Daily Signal. “They are using speculation and surmise as opposed to verifiable data, and in some instances they won’t even share the data. It’s no wonder that consequently all sorts of species are erroneously listed. That’s what happens when you have weak data standards.”

How bad is the problem?

Of 1,662 plants and animals listed by the Fish and Wildlife Service as either “endangered” or “threatened” in the past 45 years, the government had removed 68 before Gordon published his paper in April.

Of those 68, 11 were removed from the list because they had gone extinct and 19 were removed because of errors in the original data. That leaves 38 species delisted because they were “recovered.”

Taxpayers on Hook for ‘Deceitful Practices’

Under the Endangered Species Act, the conservation process involves “the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided … are no longer necessary.”

Endangered species are considered to be at the brink of extinction, while threatened species are considered likely to be so in the near future.

Gordon initially determined that “almost half” of the 38 species listed as “recovered” were actually “false recoveries” because they were based upon original data error.

However, since his paper was published three more species have been delisted and he has concluded that two—the lesser long-nosed bat and the black-capped vireo—were listed based on erroneous data.

For this reason, he now says “essentially half” of the species the Fish and Wildlife Service identified as recovered are not genuine recoveries.

Gordon says he also found other examples of “recovered” species that are really “mixed bags,” meaning the number of recoveries resting on erroneous data could be much higher.

(The full list of delisted species is available here.)

The Daily Signal sought comment from the Interior Department and the Fish and Wildlife Service on Gordon’s findings and whether Interior Secretary Ryan Zinke might consider his recommended reforms. Officials had not responded as of publication.

Unfortunately, U.S. taxpayers are footing the bill for “deceitful practices that portray mistakes as successes,” Gordon told The Daily Signal.

That’s because each listing sets in motion mandatory actions and government expenditures under federal law, he said.

For instance, according to Gordon’s paper, the Fish and Wildlife Service reported in 2014 that the “median cost for preparing and publishing a 90-day finding is $39,276; for a 12-month finding, $100,690; for a proposed rule with critical habitat, $345,000; and for a final listing rule with critical habitat, $305,000.”

“These are just the paperwork costs and the bureaucratic costs of listing species whether they were legitimately listed or if they were listed based on erroneous data,” he told The Daily Signal. “But they are a drop in the bucket compared to the costs borne by private parties such as companies, farmers, and ranchers who have to comply with all kinds of mandates and have to absorb the loss in the value of their land because of their inability to use it and other significant opportunity costs.”

Special Interest Groups Drive Litigation

Gordon points to restrictions the Fish and Wildlife officials sought to impose to protect the Lake Erie water snake as an example of excessively burdensome costs.

Gordon’s paper was the subject of a panel discussion April 25 at The Heritage Foundation where he was joined by Rob Roy Ramey, a wildlife biologist based in Denver, and Jonathan Wood, a lawyer with the Pacific Legal Foundation who specializes in environmental and constitutional law.

Ramey called for greater openness and transparency on the part of federal officials and suggested that all the data Fish and Wildlife officials use in their decisions to list species should be made public.

“That way we have a common currency of accountability available to the entire nation,” Ramey said at the Heritage event. Without access to the data, he said, “there’s no opportunity for reproducibility,” which means listing and delisting decisions may not be based on the best scientific information.

Ramey cited several examples of responses from government officials who resisted information requests. His personal favorite came from a “rogue recovery team member” who said:

U.S. Fish and Wildlife Service data was deliberately provided in a format that would not facilitate detailed analysis by those unfamiliar with the manner in which the data was collected.

Other examples included “the data you requested are proprietary,” “we are still using this data,” and “those data may no longer exist.”

Ramey warned that Fish and Wildlife officials who have “cherry-picked” and “fabricated” data to list species as endangered or threatened drew resources away from creatures in genuine need of protection, such as blue whales, California condors, rhinoceroses, and gorillas.

Wood, the lawyer with the Pacific Legal Foundation, a nonprofit headquartered in Sacramento, California, credited Gordon with research that shows how often examples of species recovery touted as successes for the Endangered Species Act “are little more than fake news.”

Special interest groups play a role in the listing process, Wood said at the Heritage event.

“What really drives the Endangered Species Act is litigation,” he said. “The reality is that the listing process is fundamentally broken, it is completely litigation driven, and it is a problem for administrations regardless of party.”

The Obama administration sought to develop a work plan to “seize some control back” over the listing process, Wood told the audience, so that key factors such as a species’ actual vulnerability would be considered and a listing would not be the result of “which special interest group is yelling the loudest.”

Potential Reforms for Interior Department

In his research, Gordon highlighted examples of listings where the initial count of a species population was dramatically off based on flawed methodology. He cited the Monito gecko during his talk at Heritage.

This lizard resides on Monito Island off the coast of Puerto Rico, which spans about 40 acres surrounded by 217-foot cliffs. The initial search Fish and Wildlife officials used as the basis to list the species in 1982 was organized during the day, when 18 lizards were found.

“The problem here is that the lizard is nocturnal,” Gordon told The Daily Signal. “So, if you are walking around during the middle of the day, you are not going to find it. The creature burrows down into rocks. In 2016, they finally did a proper survey during the evening and they came up with an estimate of about 5,000 to 10,000 geckos. That’s what you call a big difference.”

Gordon spelled out several potential reforms that the Trump administration’s Interior Department could embrace under Zinke’s leadership.

For starters, Zinke could issue an order directing the Fish and Wildlife Service “to accurately identify the data that forms the bases for removing or downlisting species,” Gordon writes in his report.

He also recommends that the agency correct the record and acknowledge instances where a species was wrongly declared to have “recovered.”

“Right now, the Fish and Wildlife Service asserts that the listings are driven by science, but in truth the listings are often driven by litigation and the scientific standards are so weak that they are often listing species as endangered when they should never have been listed,” Gordon said, adding:

The first step in correcting the problem is to admit that it exists. What needs to be done now is to go back and look at species that were claimed as recovered and to put your foot down and acknowledge that many of them were not really recoveries and they were based on erroneous data. Then, going forward, they need to make sure future listings are not based on speculation.

COLUMN BY

Portrait of Kevin Mooney

Kevin Mooney

Kevin Mooney is an investigative reporter for The Daily Signal. Send an email to Kevin. Twitter: @KevinMooneyDC.

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EDITORS NOTE: The featured image is of U.S Fish and Wildlife Service biologist Meg Marriott, left, trudging with intern Amy Newman to a trapping site for the salt marsh harvest mouse near California’s Napa-Sonoma Marshes Wildlife Area in this 2011 photo. The mouse was first listed as an endangered species in 1970. (Photo: Aric Crabb/Oakland Tribune/MCT/Newscom)