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Conservative Groups Warn of Obama’s ‘Midnight Litigation’ Against US Business

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Conservative and pro-business groups warn that the Obama administration may pursue legal action to enforce some of its thousands of new “job crushing” regulations before President-elect Donald Trump is sworn into office.

Regulations promulgated in “the waning days” of President Barack Obama’s lame-duck administration could constrain the new Trump administration, the coalition of groups warned Vice President-elect Mike Pence in a letter dated Dec. 28.

“Because of this concern, Congress enacted the Congressional Review Act, which provides Congress procedural tools to disapprove expeditiously these last-ditch midnight regulations,” the letter says.

The Congressional Review Act could address regulations put in place by the Obama administration since June 3. However, the law can’t prevent so-called “midnight litigation” launched by the executive branch to enforce those regulations.

The Obama administration issued 3,852 new federal regulations during 2016, according to a new analysis by the Competitive Enterprise Institute, first reported Friday by the Washington Examiner.

The letter from conservative activists and business leaders says:

It has come to our attention that a number of departments and independent agencies are working furiously behind closed doors to bring significant, legally tenuous litigation against American business interests before Jan. 20, 2017. Doing so will saddle the Trump administration with having to litigate cases based on job-crushing liberal legal theories.

Inauguration Day, when Trump is sworn in as president, is Jan. 20.

Signers of the letter include Grover Norquist, president of Americans for Tax Reform; Ken Blackwell, chairman of Constitution Congress; and Clyde Wayne Crews, vice president for policy at Competitive Enterprise Institute.

The signatories represent 29 organizations, including Frontiers of Freedom, the Heartland Institute, and Liberty Counsel.

The letter warns Pence, a former congressman and governor of Indiana who is well-liked by conservatives, that the new administration should review any litigation to enforce the recent regulations.

“Should the Obama administration bring nonroutine, last minute, legally unorthodox midnight litigation, your administration should not hesitate to withdraw immediately from that litigation,” the letter to Pence states.

Such last-minute litigation could hurt job growth, the letter says.

John R. Smith, the chairman of BIZPAC, the Business Political Action Committee of Palm Beach County, wrote in an op-ed for BizPac Review:

The lame-duck Obama administration has launched a mad scramble to throw up as many hurdles, and to plant as many last-minute landmines as possible against the new American president. In his final days of office, Barack Obama has initiated a major flurry of new executive orders, directives and regulations, thousands of them, that he is piling into the federal books.

Frontiers of Freedom, a nonprofit educational organization dedicated to promoting traditional American values, circulated the letter.

“Everything should be suspect,” George Landrith, president of Frontiers of Freedom, told The Daily Caller News Foundation, referring to the Obama administration’s final gush of regulations. (For more from the author of “Conservative Groups Warn of Obama’s ‘Midnight Litigation’ Against US Business” please click HERE)

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Obama’s Actions Against Russia Are ‘Too Little, Too Late’

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President Barack Obama on Thursday took steps to retaliate against Russia for what he called “aggressive harassment of U.S. officials and cyber operations aimed at our election.”

Obama’s actions include sanctioning Russian intelligence agencies and individuals as well as expelling 35 Russian government officials from the United States.

“These actions follow repeated private and public warnings that we have issued to the Russian government,” Obama said in a statement, “and are a necessary and appropriate response to efforts to harm U.S. interests in violation of established international norms of behavior.”

The Daily Signal asked Luke Coffey, director of The Heritage Foundation’s Douglas and Sarah Allison Center for Foreign and National Security Policy, about Obama’s actions. Here are his answers to our questions.

Some in the media are saying Russian hacking helped Donald Trump win the election against Hillary Clinton. Is there any truth to that?

Hillary Clinton lost the presidential election because the American people rejected her progressive vision of America and the idea of another four years of Obama’s failed policies. She alone is responsible for her defeat.

Russia’s actions are indeed alarming, and they must be taken seriously. Russia has a proven track record of taking an interest in the internal events and election processes of NATO member countries.

In this case, the forensic evidence released by the Department of Homeland Security and the FBI is detailed and persuasive in showing Russia hacked the Democratic National Committee. So Russian denials are not credible.

However, it should be noted that there is no evidence of any interference in the voting and ballot counting processes.

Obama took new measures Thursday to retaliate. What will those measures achieve?

Obama’s announcement of sanctions against sections of Russia’s intelligence community and expelling 35 Russian diplomats from the U.S. is welcome but long overdue. This is too little, too late.

[Russian President Vladimir] Putin respects two things: strength and consistency. Over the past eight years, Obama has shown neither of these traits. This is why Russia felt confident enough to take the actions that it did.

What steps should Congress and the White House take to investigate the extent of Russia’s actions?

Any investigation into this matter needs to be independent, bipartisan, and given enough time to do a comprehensive job. Obama’s rushed internal review lacks creditability.

The U.S. has military superiority over Russia, but technology has become more important than ever to our national security. Just how serious is the cyberthreat from Russia?

As The Heritage Foundation’s 2017 Index of U.S. Military Strength states, “Russia seeks to maximize its strategic position in the world at the expense of the United States,” maintains “incredibly advanced” cyberwarfare capabilities, and assesses “the overall threat from Russia as ‘aggressive’ and ‘formidable.’”

The U.S. intelligence community has continued to serve us skillfully and often gallantly to keep all Americans safe 24/7. That needs to be a priority now and in the future. (For more from the author of “Obama’s Actions Against Russia Are ‘Too Little, Too Late'” please click HERE)

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Obama’s Final, Most Shameful, Legacy Moment

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The audience — overwhelmingly Jewish, passionately pro-Israel and supremely gullible — applauded wildly. Four years later — his last election behind him, with a month to go in office and with no need to fool Jew or gentile again — Obama took the measure of Israel’s back and slid a knife into it.

People don’t quite understand the damage done to Israel by the U.S. abstention that permitted passage of a Security Council resolution condemning Israel over settlements. The administration pretends this is nothing but a restatement of long-standing U.S. opposition to settlements.

Nonsense. For the last 35 years, every administration, including a re-election-seeking Obama himself in 2011, has protected Israel with the U.S. veto because such a Security Council resolution gives immense legal ammunition to every boycotter, anti-Semite and zealous European prosecutor to penalize and punish Israelis . . .

The peace parameters enunciated so ostentatiously by Secretary of State John Kerry on Wednesday are nearly identical to the Clinton parameters that Yasser Arafat was offered and rejected in 2000 and that Abbas was offered by Prime Minister Ehud Olmert in 2008. Abbas, too, walked away . . .

The administration claims a kind of passive innocence on the text of the resolution, as if it had come upon it at the last moment. We are to believe that the ostensible sponsors — New Zealand, Senegal, Malaysia and a Venezuela that cannot provide its own people with toilet paper, let alone food — had for months been sweating the details of Jewish housing in East Jerusalem. (Read more from “Obama’s Final, Most Shameful, Legacy Moment” HERE)

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Obama Celebrates His Newest Monuments by Tweeting out Pictures of the Wrong National Park

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The White House took to Twitter Wednesday to promote President Barack Obama’s latest monument designations in the Western U.S., but its tweet had a picture of a completely different national park.

Obama created the Bears Ears and Gold Butte national monuments, but it’s Wednesday tweet included a picture of the Three Gossips at Arches National Park that was created in 1929.

Utah Republican Sen. Orrin Hatch’s staff noticed the mistake and unleashed a storm of tweets criticizing the Obama administration’s error. Hatch is not a fan of Obama’s unilateral creation of national monuments in Utah and Nevada.

Arches National Park was redesignated as a national park in 1971 and is about a two-and-a-half hour drive to the newly created Bears Ears National Monument, but the two federal parks have very distinct geological features.

Utah Republican Rep. Jason Chaffetz joined in mocking the White House for using the wrong picture to announce the creation of Bears Ears National Monument.

(Read more from “Obama Celebrates His Newest Monuments by Tweeting out Pictures of the Wrong National Park” HERE)

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Obama’s Historic Land Grab: 553 Million Acres for ‘Conservation’

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President Barack Obama decreed two more national monuments from his vacation home in Hawaii on Wednesday, taking 1.65 million more acres of Western land for management by the federal government.

The new Bear Ears Buttes monument includes 1.35 million acres of Utah and the Gold Butte monument includes about 300,000 acres in Nevada.

That makes a total of 553 million acres of national lands and waters that Obama has repurposed for conservation and protection using the 1906 Antiquities act, more than any other president, according to the New York Times. More than 80 percent of Nevada and about 65 percent or Utah is owned by the federal government, according to National Public Radio.

Utah Republican leaders in Congress were furious after Obama decided to designate the controversial Bear Ears monument.

“This arrogant act by a lame duck president will not stand,” Utah Republican Sen. Mike Lee responded in a statement. “I will work tirelessly with Congress and the incoming Trump administration to honor the will of the people of Utah and undo this designation.” (Read more from “Obama’s Historic Land Grab: 553 Million Acres for ‘Conservation'” HERE)

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President Selfie Is Actually Trying to Claim These 5 Absurd ‘Achievements’

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With just weeks left in the White House, President Obama is trying especially hard to sell a favorable legacy. In a collection called “The Record,” WhiteHouse.gov outlines five briefs that President Obama can tout as “achievements” the past eight years. We’ve broken them down here — the most ridiculous, the most arrogant, and the downright false:

1. Ending the wars in Iraq and Afghanistan

According to “The Record,” Obama responsibly “ended the U.S. combat missions in Iraq and Afghanistan, bringing home 90 percent of the nearly 180,000 American troops deployed in those countries when President Obama took office.”

U.S. armed forces are still very much in Iraq and Afghanistan, even if the fight there doesn’t look the same as it did in 2003. There’s no mention that President Obama signed a 10-year Bilateral Security Agreement with the president of Afghanistan to keep thousands of American troops in Afghanistan until at least 2024. President Obama also put boots on the ground to intervene in the Syrian civil war — despite repeatedly saying he would not put boots on the ground there.

2. Taking credit for legalizing gay marriage

President Obama is also touting an achievement for having ended “the government’s defense of the Defense of Marriage Act, leading to the Supreme Court’s landmark decisions holding the Act unconstitutional.”

Yes. You can thank President Obama — who once was against gay marriage and argued that “the term marriage itself has strong religious roots and a strong tradition that means something special to people in this country” — for the legalization of gay marriage, after he “evolved” on the issue in 2012. Just as Obama’s moral evolution on marriage was for the sake of political expediency, so is this last attempt to claim the legalization of gay marriage as an achievement of his administration.

3. Transgender military

According to “The Record,” Obama promoted “diversity and inclusion as an indispensable asset and strategic imperative in the United States’ national security workforce of more than three million dedicated military and civilian personnel.”

While Obama’s work on diversity and inclusion in the military may have impacted the non-gender conformative, it didn’t help people like Monifa Sterling, who was court-martialed as a Marine for putting up Bible verses at her work station.

4. Seizing millions of acres of land from the American people

Obama is credited for creating “the largest marine monument in the world, which is completely off-limits to commercial resource extraction” — but that’s not anything to be proud of. President Obama has unilaterally seized more land and sea for the federal government than any other president. Since taking office, Obama has claimed more than 548 million acres of land and water under the 1906 Antiquities Act. That’s 548 million acres of U.S. bountiful land and water that you, reader, will not be able to access or use in your own country.

5. Trans-Pacific Partnership (TPP)

Obama is proud to have “Concluded the Trans-Pacific Partnership, a high-standard trade agreement that, if passed by Congress, would boost Made-in-America exports and American jobs, while setting strong rules of the road on labor and the environment across the fast-growing Asia-Pacific region.”

But according to President-elect Trump, TPP will be one of the first things to go at the start of his administration. That would mean that one of Obama’s signature achievements, something he’s worked on for years, will be washed away like a footprint during high tide.

And America would be better off if many other Obama “achievements” washed away along with TPP. (For more from the author of “President Selfie Is Actually Trying to Claim These 5 Absurd ‘Achievements'” please click HERE)

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Obama May Have One More Nasty Surprise for Israel up His Sleeve

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Abandoning the Jewish state at the U.N. last week may have only been the beginning for what President Obama has in store for Israel. He may have one more grand surprise left up his sleeve just weeks before he is set to officially leave office.

Forget about the chaos in the Middle East, Russia and China’s continuing aggression, Iran’s race to a nuclear bomb, ISIS’ worldwide terror campaign, and a potential genocide in South Sudan — Obama has his mind set on utilizing his last days in office toward sticking it to Israel.

Obama may declare in his final days in office that the United States recognizes an independent state of Palestine, a move that would undoubtedly have devastating security and diplomatic consequences for Israel.

Secretary of State John Kerry, who has been a thorn of moral equivalency in Israel’s side for years, is set to address a Jan. 15 peace conference in Paris. Rumors abound for Kerry’s exact agenda there, but there are worries that he will continue to publicly rebuke the Jewish state, or worse, announce recognition of a Palestinian state.

Kerry will join fellow foreign ministers of the world for a Paris Middle East peace conference. It does not appear that the confab will discuss any actions planned against ISIS or the Assad regime. They will not condemn Russia’s bombing campaign against innocent civilians. They will not address Iran-backed Hezbollah’s sectarian slaughter. Instead, the efforts of this conference will circulate around forcing their will upon Israel, the region’s only democracy.

Israel has refused to even attend the conference, on the grounds that only Israel and the Palestinians should be negotiating terms of statehood, as terms should not be imposed on them by the international community.

Israeli Defense Minister Avigdor Liberman has compared the coming Paris conference to a “modern version of the Dreyfus Trial,” referencing the infamous 19th-century verdict against a French Jewish military officer that was stained by overt anti-Semitism. “This time, the whole people of Israel and the whole state of Israel will be in the guilty dock,” Liberman said.

Officials in Jerusalem are concerned that world powers may also use the conference to ready a plethora of vehemently anti-Israel motions in the U.N. Security Council, and utilize Obama’s last days to push them through.

Palestinian Authority President Mahmoud Abbas said Tuesday that he’s encouraged by the coming conference. He hopes that the conference mandates an end to Israeli housing construction in the West Bank and Jerusalem. Abbas presides over a government in the city of Ramallah that pays the families of terrorists who kill Israeli Jews.

Last week, the Obama administration abstained on a U.N. resolution condemning Israel. The resolution targeted Israeli “settlements” in disputed lands and announced that two of the holiest sites in Judaism — the Western Wall and the Temple Mount — and the entirety of the Jewish quarter of Jerusalem, were all “Palestinian” lands.

As Conservative Review’s Daniel Horowitz has explained, the resolution defies international law. Israel has the right to build in the disputed territories, and this right has been recognized by previous U.S. administrations.

The U.S. government, which has veto power over Security Council resolutions, could have voted no and blocked the measure. Instead, Team Obama chose to abstain, reportedly under the direct orders from the president himself, letting the resolution through.

The move has provided tremendous encouragement for Israel’s enemies, including the terror groups Hamas and Palestinian Islamic Jihad. They celebrated the Obama measure, declaring that it will lead to Israel’s “isolation” and “boycott.”

Israel has responded to the U.N. ruling with decisive ferocity. It has decided to cut funding from United Nations programs and recall ambassadors from countries that sponsored the resolution. Republicans in Congress have suggested that the U.S. should follow suit and slash funding to the U.N. as well. The U.S. contributes approximately $8 billion a year to the international body.

Unilaterally declaring a Palestinian state would cement President Obama as the most anti-Israel president since its founding. Will he betray the American people’s firm support for the Jewish state, and take his administration down the path of demonization and hate? (For more from the author of “Obama May Have One More Nasty Surprise for Israel up His Sleeve” please click HERE)

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Obama’s Last Stand: Flurry of Actions Raise Fears of ‘Midnight’ Regs, Agenda

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A flurry of big decisions out of the Obama administration just weeks before President-elect Donald Trump takes office has rekindled Republican concerns about President Obama’s plans for jamming through so-called “midnight regulations” and other leftover items from his wish-list on his way out the door.

In the last week alone, the Obama administration blocked future oil and gas leases in swaths of the Arctic and Atlantic oceans; granted a record number of pardons and commutations for a single day; and scrapped a dormant registry for male immigrants from a list of largely Muslim countries.

Defense officials told Fox News there is an effort underway to transfer up to 22 additional detainees out of Guantanamo Bay. And Obama’s ambassador to the United Nations stunned Israel on Friday by abstaining on a Security Council measure condemning settlement activity, allowing it to pass.

And Obama still has a month left in office. The most recent announcements were made while the first family was on vacation in Hawaii – leaving unclear what Obama has in store for when he gets back to Washington.

Hanging over any final actions is the likelihood that Trump, once in office, will roll back many of them. “The things he’s done this week will be turned around,” former House Speaker Newt Gingrich said of Obama on “Fox News Sunday.” “He’s in this desperate frenzy.” (For more from the author of “Obama’s Last Stand: Flurry of Actions Raise Fears of ‘Midnight’ Regs, Agenda” please click HERE)

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President Obama Throws Israel Under the Bus the Day Before Hanukkah and Christmas Eve

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It is a decision that will live on in reproach and infamy, bringing further shame to the legacy of President Barack Obama: Just one day before the beginning of Hanukkah and Christmas, our departing president threw Israel under the bus.

Shame on you, Mr. President. Your betrayal will not be forgotten.

For weeks now there has been talk that Obama would take one last shot at Prime Minister Netanyahu, with whom he has had an icy, often tense, relationship. There were even accusations that he actively worked against Netanyahu’s 2015 reelection, accusations that make Obama’s indignation over Russia’s alleged involvement in our 2016 elections all the more ironic.

Would he try to push again for a two-state solution, even arguing for 1967 borders, as he once did?

It turns out there was another plan, one that would use the UN Security Council to condemn Israeli settlements in the West Bank and East Jerusalem — the so-called disputed, Palestinian territories — with one Israeli official claiming that the Obama administration helped the Palestinian leadership craft the resolution.

This much we know for sure. On Thursday, when the vote was to go before the security council, President-elect Trump reached out to Egyptian President el-Sisi, asking him to withdraw sponsorship of the bill, and remarkably, el-Sisi complied.

It appears that Egypt wants to have Israel as an ally in its war against Isis and the Muslim Brotherhood, not to mention Egypt’s desire to be on good footing with our new president, and so, the resolution was tabled for the day.

On Friday, however, New Zealand, Malaysia, Senegal, and Venezuela reintroduced the bill for a vote, and for the first time, rather than using our veto power as a permanent member of the security council to stop this biased attack on Israel, President Obama instructed Samantha Power, our Ambassador to the UN, to abstain from voting. And so, with the direct help of the President of the United States, the UN Security Council condemned the nation of Israel for building settlements in the “occupied territories.”

I’m aware, of course, that there are legal and moral disputes over the settlements, with Israel constantly reaffirming its legal and moral right to continue to build. A spokesman for the president gave this simple justification for our actions on Friday: We stand with Israel — after all, we “just concluded a $38 billion tenure (memorandum of understanding) for security assistance to Israel” — and we join the international community in opposing the settlements, which are an obstacle to peace.

But there is no coincidence that, with just days left in his administration, and with the reality that much of his legacy will quickly be undone by incoming President Trump, outgoing President Obama committed this act of betrayal against our one true ally in the Middle East, America’s historic close friend, Israel.

The fact is, there are more than 1.5 million Palestinian Arabs living as full-citizens in Israel, serving on the Supreme Court, holding seats in the Knesset, enjoying the unique benefits and freedoms that Israel offers to its people. (For the record, when polled, they have no desire to be under Palestinian leadership.) In contrast, the Palestinians do not want any Jews living in their disputed territories, all the more so if there is a two-state solution.

In other words, the Palestinian Arabs will continue to live in Israel, but a Palestinian State must be Judenrein — entirely free of Jews. Where is the world outcry over this?

The bottom line, though, is this.

The UN has been infamously anti-Semitic through its history – that is to say, it has been so unjustly and blatantly anti-Israel that it has demonstrated actual anti-Semitism – and this latest UN resolution was just another manifestation of that ugly pattern.

At times like this, regardless of whether America was supportive of Israel’s settlement policy, there was only right thing for us to do, namely, veto the resolution and stand with Israel. Instead, President Obama was complicit in condemning Israel on the world stage shortly before leaving office, thereby confirming the criticisms of the many who always questioned the depth of his solidarity with the Jewish state.

Ironically, this has paved the way for President-elect Trump to make his solidarity with Israel (and his antipathy to the UN) all the more clear, as he tweeted out yesterday: “As to the U.N., things will be different after Jan. 20th.”

And on the allegedly anti-Semitic Breitbart.com, Orthodox Jewish columnist Joel B. Pollack has already written about, “Five Ways Trump Could Avenge the Anti-Israel UN Vote,” all of which are very feasible.

President Obama, then, has shown his true colors in the closing days of his presidency and immediately before the beginning of Christmas Eve and the first day of Hanukkah.

But the timing of his infamous act reminds me of this: God’s purposes for the world through Jesus will continue unabated, and in the Hebrew words commemorated by the Hanukkah miracle, Am Yisrael Chai, The People of Israel Live. (For more from the author of “President Obama Throws Israel Under the Bus the Day Before Hanukkah and Christmas Eve” please click HERE)

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Shapiro: Obama Tries to Define Away Reality, but Reality Wins

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Last Friday, President Obama gave his last press conference as commander in chief. Undeterred by his would-be successor’s devastating loss to Donald Trump in the presidential election, unswayed by Republicans’ complete domination of Congress, state legislatures and governor mansions, he maintained his cool and collected self-aggrandizement. Why not? According to Obama, Obama has been a major success.

Perhaps the most hilarious moment of delusion came when he talked about terrorism. “Over the past eight years, no foreign terrorist organization has successfully executed an attack on our homeland that was directed from overseas,” Obama stated. He then continued, saying no attack has been executed “in a rainstorm with the attacker driving a tractor with one hand, drinking a Miller High Life with the other and wearing a clown nose.”

To be fair, Obama didn’t add those final qualifiers. But he might as well have. In order to define away the problem of terrorism that has grown dramatically worldwide on his watch, he simply spoke of terrorism as a problem of organized groups within defined territories. That’s not how modern terrorism works. Terrorist groups can recruit without formal structures and can operate as independent cells within various countries.

Just three days after Obama’s statements, an alleged jihadi plowed a truck into a Christmas market in Berlin; the same day, a Turkish terrorist murdered the Russian ambassador to Turkey. These latest attacks aren’t outliers. In the past several years, we’ve seen terrorist attacks in Turkey, Germany, Belgium, Great Britain, Canada and Australia.

This sort of terrorism isn’t relegated to foreign countries, of course. Here is an incomplete complete list of radical Islam-related terror attacks and attempts on American soil under Obama: shootings of American military recruiters in Little Rock, Arkansas; the massacre at Fort Hood; the Boston Marathon bombing; an attempted bombing of the airport in Wichita, Kansas; hatchet attacks on New York City police officers; attempted shootings at the “Draw Muhammad” event in Garland, Texas; the attacks on military recruiters in Chattanooga, Tennessee; the massacre at the San Bernardino Inland Regional Center; the Orlando nightclub shooting; the New York and New Jersey bombings; and the Ohio State University car attack.

Obama still thinks he can cover his abysmal record with closely drawn definitions of terrorism. It’s the equivalent of President Bill Clinton saying he’s been faithful to his wife except for certain areas, like sex. It’s technically true so far as it goes, but it doesn’t go very far.

Americans know that, and they reacted to Obama’s consistent lying-by-omission by electing Trump, a man who needs little evidence to jump to conclusions. Obama is so careful to avoid spotting fact patterns that he simply omits inconvenient data points. Trump is so eager to spot fact patterns that he simply includes convenient non-data points. But Americans would rather have Trump’s jump-to-conclusions mentality than Obama’s avoid-conclusions-at-all-cost mentality — Trump’s mentality may lead to mistakes, but those mistakes are less likely to cost Western lives.

So Obama can hawk his faux sophistication on terrorism as much as he wants. If Democrats want to ensure that Republicans continue to win elections, they ought to follow his lead. (For more from the author of “Shapiro: Obama Tries to Define Away Reality, but Reality Wins” please click HERE)

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