Media Alert

I was on the Bill Bennett show this morning talking about the Bundy Ranch confrontation, when suddenly the power went out. So we didn’t get to finish the conversation. Therefore, I will be on again tomorrow at 7:05 EST, 6:05 CST, and we will take it from the top. It should be fun. If you don’t know where to tune in Bill’s show where you live, you can listen online here.

Why You Should Be Sympathetic Toward Cliven Bundy

On Saturday, I wrote about the standoff at Bundy Ranch. That post drew a remarkable amount of traffic, even though, as I wrote then, I had not quite decided what to make of the story. Since then, I have continued to study the facts and have drawn some conclusions. Here they are.

First, it must be admitted that legally, Bundy doesn’t have a leg to stand on. The Bureau of Land Management has been charging him grazing fees since the early 1990s, which he has refused to pay. Further, BLM has issued orders limiting the area on which Bundy’s cows can graze and the number that can graze, and Bundy has ignored those directives. As a result, BLM has sued Bundy twice in federal court, and won both cases. In the second, more recent action, Bundy’s defense is that the federal government doesn’t own the land in question and therefore has no authority to regulate grazing. That simply isn’t right; the land, like most of Nevada, is federally owned. Bundy is representing himself, of necessity: no lawyer could make that argument.

That being the case, why does Bundy deserve our sympathy? To begin with, his family has been ranching on the acres at issue since the late 19th century. They and other settlers were induced to come to Nevada in part by the federal government’s promise that they would be able to graze their cattle on adjacent government-owned land. For many years they did so, with no limitations or fees. The Bundy family was ranching in southern Nevada long before the BLM came into existence.

Over the last two or three decades, the Bureau has squeezed the ranchers in southern Nevada by limiting the acres on which their cattle can graze, reducing the number of cattle that can be on federal land, and charging grazing fees for the ever-diminishing privilege. The effect of these restrictions has been to drive the ranchers out of business. Formerly, there were dozens of ranches in the area where Bundy operates. Now, his ranch is the only one. When Bundy refused to pay grazing fees beginning in around 1993, he said something to the effect of, they are supposed to be charging me a fee for managing the land and all they are doing is trying to manage me out of business. Why should I pay them for that?

border-resources-bundy-ranch

The bedrock issue here is that the federal government owns more than 80% of the state of Nevada. This is true across the western states. To an astonishing degree, those states lack sovereignty over their own territory. Most of the land is federal. And the federal agencies that rule over federal lands have agendas. At every opportunity, it seems, they restrict not only what can be done on federal lands, but on privately-owned property. They are hostile to traditional industries like logging, mining and ranching, and if you have a puddle in your back yard, the EPA will try to regulate it as a navigable waterway.

That is only a slight exaggeration.

bundy.ranch_.nevOne could say that Cliven Bundy is just one more victim of progress and changing mores. The federal government has gotten more environmentally-conscious, and now we really, really care about desert tortoises. (It was the designation of desert tortoises as an endangered species that gave BLM the opportunity to squeeze Bundy in the early 1990s.) But here’s the thing: the Bureau of Land Management–the federal government–is not necessarily anti-development. Rather, its attitude depends entirely on what sort of development is in question.

Thus, BLM has developed a grandiose plan to develop vast solar energy installations on federal land across the Southwest. Wind power projects are favored, too. In fact, the same BLM that has driven Nevada’s ranchers out of business has welcomed solar projects with open arms. Some have claimed that Harry Reid is behind the BLM’s war against Cliven Bundy, on the theory that he wants the land for a solar project in which his son Rory is involved, along with the Chinese. I don’t believe this is correct. The solar projects are located north of Las Vegas, 30 miles or so from the area where Bundy ranches.

But the connection is nevertheless important in two respects. First, BLM has promulgated a regional mitigation strategy for the environmental impacts of the solar developments. Let’s pause on that for a moment: the excuse for limiting Bundy’s rights is the endangered desert tortoise. But wait! Don’t they have desert tortoises a few miles away where the solar projects are being built? Of course they do. That’s where they get to the mitigation strategy, which may involve, among other things, moving some desert tortoises to a new location:

The Gold Butte ACEC is preliminarily recommended as the best recipient location for regional mitigation from the Dry Lake SEZ. This ACEC is located 32 miles (51 km) east of the Dry Lake SEZ.

Gold Butte is the area where Bundy ranches. There are a few problems with the Gold Butte location as a mitigation area; one of them is that there are “trespassing” cattle:

The resource values found in the Gold Butte ACEC are threatened by: unauthorized activities, including off-road vehicle use, illegal dumping, and trespass livestock grazing; wildfire; and weed infestation.

So it is possible that the federal government is driving Bundy off federal lands to make way for mitigation activities that enable the solar energy development to the north. But I don’t think it is necessary to go there. Rather–this is the second and more important point–it is obvious that some activities are favored by the Obama administration’s BLM, and others are disfavored. The favored developments include solar and wind projects. No surprise there: the developers of such projects are invariably major Democratic Party donors. Wind and solar energy survive only by virtue of federal subsidies, so influencing people like Barack Obama and Harry Reid is fundamental to the developers’ business plans. Ranchers, on the other hand, ask nothing from the federal government other than the continuation of their historic rights. It is a safe bet that Cliven Bundy is not an Obama or Reid contributor.

Solar energy projects don't draw BLM snipers

Solar energy projects don’t draw BLM snipers

The new head of the BLM is a former Reid staffer. Presumably he was placed in his current position on Reid’s recommendation. Harry Reid is known to be a corrupt politician, one who has gotten wealthy on a public employee’s salary, in part, at least, by benefiting from sweetheart real estate deals. Does Harry Reid now control more than 80% of the territory of Nevada? If you need federal authority to conduct business in Nevada–which is overwhelmingly probable–do you need to pay a bribe to Harry Reid or a member of his family to get that permission? Why is it that the BLM is deeply concerned about desert tortoises when it comes to ranchers, but couldn’t care less when the solar power developers from China come calling? Environmentalists have asked this question. Does the difference lie in the fact that Cliven Bundy has never contributed to an Obama or Reid campaign, or paid a bribe to Reid or a member of his family?

Based on the evidence, I would say: yes, that is probably the difference. When the desert tortoises balance out, Occam’s razor tells us that the distinction is political.

So let’s have some sympathy for Cliven Bundy and his family. They don’t have a chance on the law, because under the Endangered Species Act and many other federal statutes, the agencies are always in the right. And their way of life is one that, frankly, is on the outs. They don’t develop apps. They don’t ask for food stamps. It probably has never occurred to them to bribe a politician. They don’t subsist by virtue of government subsidies or regulations that hamstring competitors. They aren’t illegal immigrants. They have never even gone to law school. So what possible place is there for the Bundys in the Age of Obama?

Just In Time for Tax Day: Remy to the Rescue

So it’s everyone’s favorite day of the year tomorrow.  Just in time, our pal Remy Munasifi and ReasonTV bring you a remake of Pharrell Williams’ tune “Happy.”  Lyrics at the link to the left.  About two minutes long. (more…)

The Hillary-Boeing-Russia triangle

We will, I suspect, be reading other stories about Hillary Clinton like this one, if the mainstream media is willing to pursue them. From today’s Washington Post, under the headline “For Clinton and Boeing, a beneficial relationship”:

On a trip to Moscow early in her tenure as secretary of state, Hillary Rodham Clinton played the role of international saleswoman, pressing Russian government officials to sign a multibillion-dollar deal to buy dozens of aircraft from Boeing.

A month later, Clinton was in China, where she jubilantly announced that the aerospace giant would be writing a generous check to help resuscitate floundering U.S. efforts to host a pavilion at the upcoming World’s Fair.

Boeing, she said, “has just agreed to double its contribution to $2 million.”

Clinton did not point out that, to secure the donation, the State Department had set aside ethics guidelines that first prohibited solicitations of Boeing and then later permitted only a $1 million gift from the company. Boeing had been included on a list of firms to be avoided because of its frequent reliance on the government for help negotiating overseas business and concern that a donation could be seen as an attempt to curry favor with U.S. officials.

The Post’s Rosalind Helderman doesn’t pull her punches. She writes: “Clinton functioned as a powerful ally for Boeing’s business interests at home and abroad, while Boeing has invested resources in causes beneficial to Clinton’s public and political image.” How so?

Boeing’s largesse on behalf of the U.S. pavilion at the Shanghai expo was helpful to Clinton at a critical moment as she made it her priority to woo support from corporations to revive the American presence at the event.

She was widely credited with orchestrating a turnaround, and the can-do image she cultivated as secretary of state has contributed to her status as a Democratic front-runner ahead of the 2016 presidential campaign.

In addition:

In 2010, two months after Boeing won its $3.7 billion Russia deal, the company announced a $900,000 contribution to the William J. Clinton Foundation intended to rebuild schools in earthquake-ravaged Haiti. The foundation, which Hillary Clinton now helps lead with her husband and daughter, has become a popular charity for major corporations.

And, inevitably:

The company’s ties came into play again this month when its in-house lobbyist, former Bill Clinton aide Tim Keating, co-hosted a fundraiser for Ready for Hillary, the super PAC backing her potential presidential run.

The Post doesn’t speculate about the concessions, if any, Clinton made to Russia on behalf of the United States in exchange for the Boeing purchase. However, given the one-sided Obama-Clinton “reset” of relations with Russia, such speculation may not be untoward. Ed Morrissey writes:

The jet deal took place in November 2009. Notably, this was several months after the “reset button” fiasco with Sergei Lavrov that all but shrugged off efforts by the previous administration to get tough with Moscow after the invasion of Georgia in the summer of 2008. The Post’s Rosalind Helderman mentions this deal as the Obama administration’s “enticing symbol” of their diplomatic “reset.”

What isn’t mentioned in this piece was the cancellation of the US missile shield program with Poland and the Czech Republic two months earlier than the Boeing sale. Russia had long opposed the missile-shield program in eastern Europe, pushed by the Bush administration as a response to Iranian development of both its missile and nuclear-weapons programs. At the time, no one could quite figure out what we got in trade for this retreat. Now it appears all we got was a sale of some commercial airliners to Aeroflot.

That’s not a beneficial trade for the United States. But it’s a pretty good deal for Hillary Clinton.

Get Your Munch With Your Crunch

When Colorado and Washington state moved to legalize consumer use of marijuana, it seemed obvious to me that setting up snack food carts (and Girl Scout cookie stands) outside of pot dispensaries was the obvious growth industry.  Well behold–the nation’s first pot vending machine, coming soon to Avon, Colorado.  So now you will be able to get your munchies next to your crunchies.

Pot Vending Machine copy

But wait! Like ATM’s, won’t pot vending machines reduce employment?  I hope someone asks the former head of the Choom Gang for his thoughts on this.  Prediction: This story makes it on The Daily Show tonight.

Lilly Ledbetter and the lie that will not die

When a lie becomes an article of faith not just for a movement for an entire political party, that lie is probably here to stay. So it is with the Lilly Ledbetter lie, repeated most recently by Ruth Marcus of the Washington Post.

Ledbetter, who danced with President Obama at his first inaugural ball and has had a federal statute named after her, lost her pay discrimination case because she waited longer than legally allowed to file a charge of discrimination with the EEOC. During the proceedings, which went all the way to the Supreme Court, she never argued that she didn’t know she was being paid less than similarly situated men until it was too late to complain to the EEOC.

Ledbetter didn’t make that argument for a very good reason; it wouldn’t have been true.

Ledbetter waited until 1998 to file her discrimination charge. According to her own testimony, she knew by 1992 that her pay was out of line with her peers. And in 1995, she spoke to her supervisor about the problem, telling him “I knew definitely that they were all making a thousand at least more per month than I was and that I would like to get in line.” Hans Bader has laid all of this out.

However, once judicial proceedings were over and the penalties for perjury no longer stood in her way, Ledbetter changed her story. She claimed that she didn’t learn about the pay disparities until, shortly before she filed her charged, she received an anonymous note.

This claim cannot be reconciled with the testimony Ledbetter gave under oath. But that hasn’t stopped feminists, and indeed the Democratic Party, from building a religion around her false claim.

The Post’s Ruth Marcus is the latest offender. In an April 9 op-ed, she wrote:

Ledbetter. . .was stymied by the fact that — in part because of company policy banning the sharing of salary information — she did not know she was being paid less than male counterparts; by the time she realized and filed suit, according to the Supreme Court, the statute of limitations was up.

Unlike Obama and so many others, Marcus can’t be accused of spinning Ledbetter’s case for partisan or ideological purposes. The quoted passage is something of a throwaway line in a column that castigates Democrats for “equal-pay demagoguery.” Her misuse of Ledbetter demonstrates how deeply ingrained the Ledbetter lie has become, not dishonesty on Marcus’s part.

However, I understand that after Marcus’s column appeared online, Hans Bader pointed out her error. Nonetheless, her column made its way into the print edition with the same misstatement of fact.

Since then, Bader and at least one other knowledgeable lawyer have written separate letters to the editor pointing out Marcus’ error. Will the Post publish them or is Ledbetter’s lie too good to challenge?

Honor killing, Brandeis-style

I am advised by a knowledgeable source that Brandeis University has engaged or is in the process of engaging a crisis management firm. Brandeis finds itself needing to manage the crisis created by its invitation to Ayaan Hirsi Ali to receive an honorary degree, followed by the withdrawal of the invitation in compliance with the wishes of CAIR and the subset of the Brandeis “community” that is of like mind with the Hamas front group. As I understand it, the crisis management firm is scheduled to meet with the Brandeis administration today. If so, there is no time to waste. They will want to get right on top of Zev Chafets’s “Ayaan Hirsi Ali: Victim of an honor killing, Brandeis-style.”