The disgraceful Daniel Penny case has gotten even worse and less lawful

 John Dale Dunn   

The case in New York City against Daniel Penny is a shambolic and, arguably, unconstitutional mess. Based on the nexus of the facts and New York self-defense law, the case should never have been filed. The trial has been conducted along unconstitutional racial lines, and the judge, faced with a hung jury, did something that was definitely unprecedented and is arguably unconstitutional. 

. . ."It's hard to know at this point whether the jury, having been relieved of the burden of manslaughter, will now become a hung jury as to the negligent homicide. Or will having a lesser charge assuage the conscience of the holdouts and see them agree to imprison Penny for only four, not 14 years? Will the screaming mobs they’ll see all weekend (despite the judge’s order that they put the case out of their minds) affect their decision now that they have an easier out? The jury is not protected and they are vulnerable, something that Judge Wiley finds acceptable.

"And if they are again a hung jury, will Alvin Bragg, a fanatic racialist, retry the negligent homicide case? We know that race is a motivating factor in the case because Dafna Yoran, the prosecuting attorney, relentlessly referred to him as “the white man,” both during questioning and in her closing argument. The judge should have granted the defense’s motion for a mistrial but, reliably, did not.

"As McCarthy says, this is disgraceful, but it’s also a dangerous precedent. A New York judge has abandoned even the pretense of impartial justice and has openly sided with the racist, baying mob."

John Dale Dunn MD JD is an emergency physician and attorney, both for more than 40 years who lives in Brownwood, Texas.

Daniel Penny acquitted in subway chokehold death of Jordan Neely as crowd breaks out in applause

'Mockery of Justice': Andrew McCarthy Blasts Trial of Subway Hero Daniel Penny, Calls It a Travesty   . . ."Yet Wiley allowed Bragg's office to consistently refer to Penny as "the white man" and "the white defendant" in the trial. 

"McCarthy described the injustice perfectly:

Whiteness is irrelevant, there being not a scintilla of proof that [Penny] was bigoted. Bragg’s approach is transparently jaded: appeal to any Manhattan progressives on the jury with a race-based ideological pitch that social justice demands finding Penny guilty.

"Ahh, "social justice." Social justice belongs on the trash heap of history, right next to DEI (diversity, equity, and inclusion).

"McCarthy described Bragg's second stratagem thusly:" . . . More here.

How to destroy your country in 10 easy steps

Selected here are those of most concern to me, but one through seven are worrisome enough. TD

 Kevin Finn   

If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time or die by suicide. --Abraham Lincoln 

". . .8)    Teach children to hate their country -- “A government is like everything else: to preserve it, we must love it.” --Thomas Jefferson. Chasing higher rates of graduation, college enrollments and standardized test scores eventually resulted in Common Core, endorsed by Obama (who else?) which has produced angry pushback from parents. History texts authored by Howard Zinn teach that America's founding is irredeemably racist, rooted in slavery and white supremacy. Far too many Americans educated since the 1980's are cynical and suspicious of our nation's history, rather than proud of our founding ideals and accomplishments.

"9)    Make the streets unsafe -- America's larger cities tend to be run by Democrats and almost all of them have seen record spikes in crime. Law enforcement is no longer proactive due to the Ferguson Effect. Criminals who are arrested are often released back onto the streets where they’re free to offend again.

"10)    Flood the country with third world illegal immigrants and hostile aliens -- Between 2021 and 2024, Border Patrol agents apprehended 367 people who were on the terror watch list. That represents a 2,251% increase from 2017-2020. So far in 2024, over 24,000 Chinese nationals have been encountered illegally crossing at the Southwest border. Encounters of Chinese nationals in March 2024 increased over 8,000% compared to March 2021. The DoD and FBI have documented more than 100 incidents of Chinese nationals posing as tourists to gain unauthorized access to U.S. military bases and other federal sites.

"In closing, I refer the reader to this: “Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.”

"I encourage you to read it in its entirety."  . . .

Notre Dame and Trump: "Can we speak of a double resurrection?"

Much to the disgust of the liberal elite, a leader has replaced the Nincompoop. TD

Evelyne Joslain

 Let us note that while Trump was impeccable, well-groomed, by far the most imposing figure in the august assembly wearing a dark overcoat, immaculate shirt, and golden yellow tie (in unison with the yellow of the newly created priestly chasubles?) Zelensky wore his eternal combat uniform (even on this occasion) and the invited ladies, including royal highnesses, did not wear hats, which they would not have dared to do in Westminster ...

. . ."Can we speak of a double resurrection? The restoration of Notre Dame is a miracle in several ways: first, its rescue by heroic firefighters (as Jean-Jacques Annaud shows so well in his superb reenactment of the drama and who surprisingly did not seem to have been invited), then by the iron will and faith of a few admirably chosen leaders to lead the pace of the construction site and the thousands of craftsmen who gave the best of themselves, reconnecting with our pious Middle Age.

"The resurrection of Trump? Let us recall our pathetic “media experts” who have been mocking the democratically elected president for nine years at every turn and without ever acknowledging anything positive about him, then the setbacks of being robbed of reelection in 2020, then reviled, vilified, humiliated, falsely accused, and dragged to court like a criminal (in defiance of the real facts, the laws, and the Constitution), and finally escaping assassination attempts.

"Trump, rising from all the affronts and insults, triumphing over fools and wicked people, both domestically and abroad, and returning to political life with his resounding victory on Nov. 5.

"The day of Dec. 7 (also Pearl Harbor Day) is therefore memorable: it began at the Elysée for the presentations, continued with an unforgettable ceremony of beauty and fervor in the restored original splendor of Notre Dame resounding with magnificent songs by the choirs (Aujourd’hui, c’est jour de fête et jour de joie…) and the organ and bells being heard again, then ended with a dinner at the Elysée, this time away from the cameras.

"What we do know is that promising exchanges took place. Prince William had to assure the American president that he for one cared about the special relationship, Italy's Prime Minister Giorgia Meloni was able to freely approach Trump and Elon Musk, whose ideas she already applies to the extent of her means, and the President of Georgia spoke directly to Trump to make him aware of Russia’s interference in her unfortunate country.

"So, yes, seeing Notre Dame and Trump again, at the same time and together closely associated, is also finding hope again.

"And God knows that we need it in the face of the forces of evil threatening from everywhere."

 

Who should be Cheney’d?

 Don Surber | Substack

"After 12 white men as FBI directors, Kash Patel will be the first BIPOC director. Democrats are fit to be tied.You can take the Democrat out of the white sheets, but you cannot take the Klan out of the Democrat."

"20 Republican senators are up for re-election in 2026. It is time to shake some of them up because they have forgotten for whom they work.

"The Republican leadership allowed party senators (the caucus) to vote to impeach Trump in 2021. Seven did. While some of the names in leadership have changed the attitude remains the same as many Republican senators try to block Trump’s appointees to the Cabinet.

"Given that most Republican senators represent one of the 31 states that went for Trump, that is a big FU to the voters.

"I hope voters return the favor for as Tommy Tuberville of Alabama said, “Who’s to say we’re a better vetter and picker of people than Donald Trump?”

"They need to be Cheney’d, the verb named for the primarying of Liz the Lizard, who abandoned the party to join give legitimacy to the J6 Inquisition. Harriet Hageman ousted her in the 2022 Republican primary as Wyoming showed all the money in Jackson Hole—a political Fort Knox—cannot save a turncoat.

"Looking to 2026, Elon Musk has promised to help Cheney any Republican who does not support MAGA.

"Let’s get this straight, as much as we love Trump, his supporters are America First. We want to Make America Great Again, just like Reagan said 40 years ago. And he did. When you vote against Trump, you vote against MAGA and you can go to hell or California."

Read here to see Surber's assessment of which Republicans who deserve to be kept and who needs to be gone.    Susan Collins is one to go, but where will you find a non-RINO in new England?

Bruce Springsteen will love a Democrat when nobody else will

 Spot the difference?

pic.twitter.com/16s3CFs7Zk

— Freedom Fries (@deplorabil82301) December 7, 2024

Pictures of Jill Biden With Donald Trump at Notre Dame Cathedral Spark Quite a Bit of Discussion   . . ."That's where things get even funnier. Guess who Jill Biden sat next to? That would be none other than the incoming president himself, and they seemed pretty dang chummy. "

. . ."Kind of wild to see the sitting president chatting up the next Hitler, but here we are. 2024 has never promised to be anything but crazy. 

"Seriously, though, this does put to bed all the silly White House proclamations throughout the campaign about "fascism," doesn't it? If Jill Biden really believed Trump was a "threat to democracy," she wouldn't be seen within a hundred feet of him. That's politics, I guess. These people are nothing if they aren't completely inauthentic and willing to say anything to maintain their power. 

"I mean, come on. Does this look like someone gazing upon Hitler to you? "

"You know, I'm only half-joking when I say that Jill Biden voted for Trump. Don't underestimate the disdain she has long had for Kamala Harris. Those two women really don't like each other, and it's shown in how happy the Bidens seem to be since the vice president crashed and burned. 

"Trump is pretty obviously the acting president at this point. He's the one out meeting with world leaders and making power moves while Joe Biden sends his wife in his place. That she spent her time chatting up the incoming president only adds to the dynamic. It's a bit surreal, but also refreshing. For at least a moment, it feels like people are returning to some semblance of normalcy in politics, where people treat each other with some modicum of respect. Will that last? Of course, not, but I'll take what I can get."  Bonchie

Front-page contributor for RedState. Visit my archives for more of my latest articles and help out by following me on Twitter @bonchieredstate. 

The thread unraveling the Biden regime   "TIPP Insights has published a must-read editorial aptly titled “Biden’s Unprecedented Blanket Pardon Destroys His Legacy and Proves Trump Was Wrongly Impeached Over Ukraine.”  The piece cuts to the heart of the issue: this pardon isn’t just about Hunter — it’s about insulating Joe Biden and dismantling the narratives used to undermine Donald Trump’s presidency.  

This isn’t just about one man or one family.  It’s about the very survival of our Republic’s integrity.  The American people demand answers — and they deserve accountability.  For those who enabled, concealed, or profited from this corruption, the day of reckoning draws near.  Winter is indeed coming, and no avalanche of spin, no flurry of pardons, and no storm of propaganda will be enough to bury the truth this time. 

A Tale of Two Parties

Clarice Feldman   

"And while Obama looks increasingly crushed by the results of the last election, even to the point where his usually glib patter is failing him, the world is treating Trump, even before the inauguration, as our head of state."

"Eighty-three years after the disastrous sneak attack on Pearl Harbor which galvanized our nation to prepare for a long fight and ultimate victory, we have a clearer picture of how Barack Obama (and through him, President Biden) destroyed his party and with it many of our institutions. We now have a leader and a plan to restore their strength. Much has been written about why the Democrats suffered such a devastating loss in the election, but I’m inclined to place great weight on the views expressed by 
Adam Mill in Chronicles Magazine, who argues persuasively that the Democrats’ decision-making process doomed their chances, a process unlikely to soon change. “Democrats don’t have leaders, rather they have ‘facilitators’ who balance the many competing demands of their disparate coalition, leading to a rigid script of talking points,” he argues. To keep on message is the key autocratic aim of the party, so any “single deviation from the script endangers the entire enterprise.” This explains as well as most theories why Kamala Harris’s rare public interviews devolved into bafflegab word salads. Why in the absence of good sense, the party left the border open, supported pornographic
books in public school libraries, “fought for abortion of viable fetuses up until birth, and demanded free sex surgeries for illegal immigrants in custody.” . . .

. . ."In contrast to the generally incompetent Biden cabinet, who often rose through the ranks of those they were set to govern, President-elect Trump has reached out to some of the most forward-looking, competent, non-governmental leaders to head his government -- people like Elon Musk, Vivek Ramaswamy, Doug Burgum, Howard Lutnik, Scott Bessant, Jared Isaacson, and Kelly Loeffler.

"So thoroughly are the Democrats locked out of the new order that Steve Hayward suggests they might now actually rediscover the Constitution: . .  ."

OPINION: Pete Hegseth Is on the Path to Confirmation

RedState 

"In my view, the criticism Ernst has faced from what seems to be a grassroots level has had its effect, and she will vote for his confirmation—not only because it is the right thing but also because she doesn't want to be Liz Cheney."

News That Matters.

   . . ."While things looked grim for Hegseth earlier in the week, I believe he's now on the path to confirmation. Let me tell you why.

The Press Stories Have Burned Out

There was a spate of damaging stories on Hegseth concerning regular public drunkenness and womanizing. Those stories have not received the traction that might have been expected for a couple of reasons. Many colleagues rallied around Hegseth to deny the stories that gave the appearance that Hegseth was an alcoholic and to create a solid doubt that undermined the narrative that was forming (OPINION: Latest SecDef Nominee Pete Hegseth Smears Ring False; Fox News Colleagues, Senators Cry Foul – RedState and The Pete Hegseth Smears Show Press Has Not Learned Lesson and Continues to Trample Journalistic Ethics – RedState). The woman who made a police report alleging Hegseth sexually assaulted her does not come off very well in the report. While the left screamed about him "forcing" her to sign a non-disclosure agreement, given the correct lighting, her refusal to cooperate with the police investigation and waiting three years to demand a settlement one could also catch images of a shakedown.

There may still be stories waiting to come out, but from the bullsh** media attacks on Hegseth's military record (The Washington Post Goes Dumpster Diving With New Attack on Pete Hegseth's Military Service – RedState) and religion, I think the media consensus is that the wine, women and song stories aren't going anywhere.

He's Not Feeding the Beast

The best way to keep a story alive in the media is to keep talking about it. Hegseth has shown remarkable discipline in resisting the temptation to engage in conversations with the media, which will inevitably lead to more conversations and controversies. This video shows his strategy in a nutshell.". . .   

"Led by President Trump, we're fighting for Pete Hegseth. And we're doing so because Pete Hegseth will fight for our troops. For too long, the Pentagon has been led by people who lose wars. Pete Hegseth is a man who fought in those wars."   JD Vance

Support Pete Hegseth

Mr. Hegseth is too admirable a man to be set up for failure. He will need all the expertise and support available to run a major government agency while Democrats do everything to see that Pete fails. TD

 Over 100 Navy SEALS Set to Descend on Washington D.C. in Explosive Show of Support for Army Veteran Pete Hegseth

. . ."Hegseth, a decorated Army combat veteran and prominent conservative voice, has faced relentless media attacks in recent weeks.

"The fake news media have leveled accusations ranging from outdated and disproven sexual misconduct claims to allegations of public drunkenness and financial mismanagement during his tenure at Concerned Veterans for America (CVA).

"Critics on the right are pushing back hard against what they view as a deliberate effort to derail a nominee poised to shake up the Defense Department." . . .

   

Hegseth On Track?   . . ."I don’t think there are four Republican senators willing to buck Trump on an important nomination. Senators like Joni Ernst have expressed caution, but I can’t see her–or any other Republicans -other than Lisa Murkowski and Susan Collins –actually voting Hegseth down. So I am optimistic that he will be confirmed." . . . Thank goodness Mitt Romney is gone now. TD

When Pete Hegseth is confirmed as Secretary of Defense, he will be a forceful agent of change for the betterment of the United States of America.

. . ."I read some articles by Hegseth, had seen him interviewed on television, and went to Washington, D.C., to meet him and the team. He was humble, direct, and smart. It was clear to me that he was policy-driven and capable, though only in his mid-30s. He was familiar with my published work and that of many others involved in counterterrorism and the war against Islamic radicalism. And critically, in our earliest discussions, he made it clear that he understood that taking care of our veterans’ medical needs was paramount.

"He made healthcare the immediate focus of CVA. His vision matched the core values of the organization. While I was focusing on building out a solid ground game, Pete was challenging VA shortcomings, holding their feet to the fire on behalf of American veterans. As a concerned veteran, I was impressed.

"Pete recruited other veterans like me who had significant national security backgrounds to build out the national organization. This was the very thing required of his position. He met with policymakers and funding sources who could move our organization forward.

"We held dozens of events together over several years. We drank coffee by the gallon, but I never witnessed any performance impaired by alcohol. In fact, he handled a situation well that involved an employee who did have an alcohol-related incident. That man had a drinking problem and had made a pass at a female coordinator under his supervision. As I addressed the situation, I called Pete. After I described what happened, Pete was decisive. He asked me to place the employee in rehab, reassign him, and counsel him against ever doing that sort of thing again. We placed a letter in the employee’s personnel file and protected the female employee’s privacy and interests. This demonstrates Pete’s decisiveness, concern, and responsibility for CVA and its personnel. These decisions were made in a single day.

"Senators interested in the moral compass of CVA should consult other senior managers from the organization. I will provide any interested senator with the names and contact information of people who conducted dozens of events and worked closely with Pete Hegseth for several years.

"One policy issue addressed by Hegseth garnering much attention is his stated opposition to women in combat. Looking to the Afghan conflict ‘Operation Enduring Freedom’ as a recent example, women made up approximately 10 percent of the force on the ground. They are in theatre and add great value as pilots, medical personnel, and intelligence personnel. Their work is high quality, but using them in combat arms needs to be addressed honestly." ...     Read the full article here.

Gary Berntsen is a retired CIA officer and best-selling author. He is the recipient of the CIA’s Distinguished Intelligence Medal and Intelligence Star. He is a veteran of the United States Air Force. After retirement from the CIA, he worked in Afghanistan for the Joint IED Defeat Organization (JIEDDO) in support of the 173d Airborne Brigade Combat Team in Regional Command East combating the networks that employed IEDs (roadside bombs) that caused 80 percent of U.S. combat casualties. He also worked for Concerned Veterans for America (CVA).

Late update:  

VDH: What the Trump Nominees Have Not Done – And Will Not Do

 Victor Davis Hanson   

"The current crew, not their proposed Trump replacements, prompted the sick and tired American people to demand different people. Voters want novel approaches to reform a government that they not only no longer trust but also now deeply fear."

"Deflated by the resounding November defeat, the left now believes it can magically rebound by destroying President-elect Donald Trump's cabinet nominees.

"Many of Trump's picks are well outside the usual Washington, D.C./New York political, media, and corporate nexus.

"But that is precisely the point -- to insert reformers into a bloated, incompetent, and weaponized government who are not part of it.

"Trump's nominee for FBI director, Kash Patel, is already drawing severe criticism.

"His furious enemies cannot go after his resume since he has spent a lifetime in private, congressional, and executive billets, both in investigations and intelligence.

"Instead, they claim he is too vindictive and does not reflect the ethos of the FBI.

"But what will Patel not do as the new director?

"He will not serially lie under oath to federal investigators as did interim FBI Director Andrew McCabe, a current Patel critic.

"He will not forge an FBI court affidavit, as did convicted felon and agency lawyer Kevin Clinesmith.

"He will not claim amnesia 245 times under congressional oath to evade embarrassing admissions as did former Director James Comey.

"He will not partner with a foreign national to collect dirt and subvert a presidential campaign as the FBI did with Christopher Steele in 2016.

"He will not use the FBI to draft social media to suppress news unfavorable to a presidential candidate on the eve of an election."  

"He would not have suppressed FBI knowledge that Hunter Biden's laptop was genuine -- to allow the lie to spread that it was "Russian disinformation" on the eve of the 2020 election."...

Much, much more here...

Fetterman Offers an Unlikely Plan to Bind Up the Nation's Wounds

 Robert Spencer 

"What’s more, the case against Trump in New York doesn’t involve any federal charges, so Biden couldn’t issue a pardon even if he wanted to. Nevertheless, even if Biden’s handlers prompted him to make a statement admitting that all the cases against Trump were more partisan political lawfare than the noble pursuit of justice, it would go a long way toward binding the nation’s wounds and enabling us to move forward as one nation, with malice toward none and charity for all. That, of course, will never happen even if Old Joe lives to be a million years old."

. . ."Fetterman, however, was on point, at least in regard to the cases against Trump, when he added, "And I really think collectively, you know, America’s confidence in these kinds of institutions has been damaged by these kinds of cases, and we cannot allow these kinds of institutions to be weaponized against our political opponents, and it’s very clear both trials were politically motivated and weaponized on the other side." 

"At that point, Joy Behar brought another case of the Democrats’ legal persecution of Trump: the phony Jan. 6 “insurrection” as she “suggested the incoming Trump administration would be defending a pardon for them using a similar argument to the one offered by Fetterman.” In reality, Trump needs to go much farther than saying that the Jan. 6 prosecutions were politically motivated. He needs to call them out as the crime against innocent people that they were and call for a full and open investigation of the left’s fabrication of the entire “insurrection” narrative.

"Fetterman didn’t go that far, of course, but he replied with a bit more of his newly emerging common sense: "I’m talking about the New York trial and now the Democrats on our side, there were some that were gleeful calling — now he’s a convicted felon and those things. And now for our party, we were talking about criminal justice, and we are now talking about second chances and now, all of a sudden, now you're like, well, he’s a convicted felon and all these things.”

"Seeing the down-the-line party hacks of “The View” get called out for their hypocrisy was delightful. Here’s to John Fetterman getting more attacks of common sense."

https://rofcbybroc.com/

Black Lives Matter leader sparks outrage as he claims ‘KKK got another victory’ in rant outside Daniel Penny trial

NY Post

"The notorious leader of New York’s BLM chapter caused outrage outside the Daniel Penny trial by slurring the former Marine, saying “the KKK got another victory,” after the judge in the case dropped the top charge of manslaughter.

Hawk Newsome, after the jury deadlocked Friday, told reporters anyone who thinks Penny is innocent has “racism in their heart”, and suggested at least one juror in Penny’s case could be a “white supremacist hold out”, according to a report from the Daily Mail.

“Logically, if you pick a white supremacist jury specialist, and you pack a jury with white people, obviously you think race has a specific role in this case, and obviously you are looking for that one white supremacist hold out,” Newsome said according to the report." . . .

". . .Newsome is a frequent rabble rouser, who who once promised “bloodshed” in response to Mayor Eric Adams’ push for tougher policing.

"Penny, 26, was charged with manslaughter after he allegedly put Jordan Neely, 30, — a mentally ill homeless man — in a chokehold during the May 2023 encounter on a Manhattan F train.

"Neely had reportedly been harassing and threatening other passengers when Penny put him in the chokehold.

"On the second day of deliberations, jurors asked to review the six-minute video shot by another passenger that showed Penny, a former marine, choking Neely.

"Prosecutors begrudgingly decided to toss the manslaughter charge after jurors sent two notes — just hours apart — both saying the group was deadlocked on the manslaughter charge." . . .

Again, this reminder of how other nations regard the work of BLM and BLM heroes:

Serial Liar Adam Schiff Officially Resigns From [House] Effective December 8; Joins Senate

He is the California Coast's choice along with Gavin Newsom. The congressman elected by Atwater Village, Burbank, East Hollywood, Echo Park, Elysian Valley, Fairfax, Glendale, Griffith Park, Hancock Park, Hollywood, Hollywood Hills, Larchmont Village, Los Feliz, Mid-Wilshire, Miracle Mile, Park La Brea, Pasadena, Shadow Hills, Silver Lake, Sunland, Tujunga, Universal City and West Hollywood. TD

 Cristina Laila: The Gateway Pundit 

"Serial liar and Trump-Russia collusion hoaxer Adam Schiff officially resigned from Congress effective Sunday after more than two decades in the US House of Representatives. Schiff will be sworn into the Senate on Monday after defeating Republican Steve Garvey in California." . . .

. . .“I just cast my last vote as a member of the House of Representatives,” Schiff said on Friday.

“ 'To my LA constituents — thank you for the amazing opportunity to serve,” he said. “And to the people of the whole state of CA, I’m so grateful for your confidence and look forward to all we can get done together!”

"Schiff was deeply involved in spreading the Trump-Russia collusion hoax after Trump won the 2016 election.

"He was also involved in the first impeachment show trial against Trump in 2019 and the unconstitutional J6 Committee.

"Shameless liar Adam Schiff said there is significant and incriminating evidence that Trump colluded with Russia during the 2016 election even though Mueller concluded his investigation with no new indictments in 2019." . . .