GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!

https://www.washingtonpost.com/world/national-security/while-eyes-are-on-russia-sessions-dramatically-reshapes-the-justice-department/2017/11/24/dd52d66a-b8dd-11e7-9e58-e6288544af98_story.html?utm_term=.6b27aa9221e3

“For more than five hours, Attorney General Jeff Sessions sat in a hearing room on Capitol Hill this month, fending off inquiries on Washington’s two favorite topics: President Trump and Russia.

But legislators spent little time asking Sessions about the dramatic and controversial changes in policy he has made since taking over the top law enforcement job in the United States nine months ago.

From his crackdown on illegal immigration to his reversal of Obama administration policies on criminal justice and policing, Sessions is methodically reshaping the Justice Department to reflect his nationalist ideology and hard-line views — moves drawing comparatively less public scrutiny than the ongoing investigations into whether the Trump campaign coordinated with the Kremlin.

Sessions has implemented a new charging and sentencing policy that calls for prosecutors to pursue the most serious charges possible, even if that might mean minority defendants face stiff, mandatory minimum penalties. He has defended the president’s travel ban and tried to strip funding from cities with policies he considers too friendly toward undocumented immigrants.

Attorney General Jeff Sessions during a House Judiciary Committee hearing on Nov. 14. (Alex Brandon/AP)

Sessions has even adjusted the department’s legal stances in cases involving voting rights and lesbian, gay, bisexual and transgender issues in a way that advocates warn might disenfranchise poor minorities and give certain religious people a license to discriminate.

Supporters and critics say the attorney general has been among the most effective of the Cabinet secretaries — implementing Trump’s conservative policy agenda even as the president publicly and privately toys with firing him over his decision to recuse himself from the Russia case.

. . . .

In meetings with top Justice Department officials about terrorist suspects, Sessions often has a particular question: Where is the person from? When officials tell him a suspect was born and lives in the United States, he typically has a follow-up: To what country does his family trace its lineage?

While there are reasons to want to know that information, some officials familiar with the inquiries said the questions struck them as revealing that Sessions harbors an innate suspicion about people from certain ethnic and religious backgrounds.

Sarah Isgur Flores, a Justice Department spokeswoman, said in a statement, “The Attorney General asks lots of relevant questions in these classified briefings.”

Sessions, unlike past attorneys general, has been especially aggressive on immigration. He served as the public face of the administration’s rolling back of a program that granted a reprieve from deportation to people who had come here without documentation as children, and he directed federal prosecutors to make illegal-immigration cases a higher priority. The attorney general has long held the view that the United States should even reduce the number of those immigrating here legally.

In an interview with Breitbart News in 2015, then-Sen. Sessions (R-Ala.) spoke favorably of a 1924 law that excluded all immigrants from Asia and set strict caps on others.

“When the numbers reached about this high in 1924, the president and Congress changed the policy and it slowed down immigration significantly,” Sessions said. “We then assimilated through 1965 and created really the solid middle class of America, with assimilated immigrants, and it was good for America.”

Vanita Gupta, the head of the Justice Department’s civil rights division in the Obama administration who now works as chief executive of the Leadership Conference on Civil and Human Rights, said Sessions seems to harbor an “unwillingness to recognize the history of this country is rooted in immigration.”

“On issue after issue, it’s very easy to see what his worldview is of what this country is and who belongs in this country,” she said, adding that his view is “distinctly anti-immigrant.”

Those on the other side of the aisle, however, say they welcome the changes Sessions has made at the Justice Department.

Jessica Vaughan, director of policy studies for the Center for Immigration Studies, which advocates for moderating levels of immigration, said she would give the attorney general an “A-plus” for his work in the area, especially for his crackdown on “sanctuary cities,” his push to hire more immigration judges and his focus on the MS-13 gang.

“He was able to hit the ground running because he has so much expertise already in immigration enforcement and related public safety issues and the constitutional issues, so he’s accomplished a lot in a very short time,” Vaughan said.”

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Read the compete article, which deals with much more than immigration, at the link.

Immigrants, refugees, immigration advocates, and career civil servants involved in immigration at the DOJ seems to be “star-crossed.” After decades of relative indifference to the importance of immigration, an Attorney General finally shows up  who makes it his highest priority.

Only problem is that he’s a committed xenophobe and White Nationalist whose largely false and exaggerated narrative on immigration comes right from the alt-right restrictionist playbook and harks back to the Jim Crow era of the American South — only this time with Hispanics and Muslims as the primary targets.

In any “normal” American business, obsession with tracing back lineage of someone’s family would be prima facie evidence of prohibited “national origins discrimination.” But, for Gonzo, it’s just another day at the office.

Notwithstanding his less than stellar performances before Congress and that he’s fallen off Trump’s “A-Team” (notwithstanding probably doing more to deconstruct the Constitution and “Good Government” than any other cabinet officer), he’s unlikely to be going anywhere soon. So the damage will continue to add up for the foreseeable future. It’s not like Senator Liz Warren and others didn’t try to warn America about this dude!

Meanwhile, perhaps not to be outdone, over at the U.S. State Department, Secretary of State Rex Tillerson is proceeding to deconstruct the Career Foreign Service and reduce the Stated Department and our Diplomatic Corps to “administrative roadkill.” You can read about that debacle in this NY Times article:

https://www.nytimes.com/2017/11/24/us/politics/state-department-tillerson.html

PWS

11-26-17

 

GONZO’S WORLD: “MINISTRY OF INJUSTICE” — How Gonzo Is Successfully Draining Justice From The Department Of Justice

https://www.nbcnews.com/think/opinion/jeff-sessions-slowly-surely-undoing-america-s-criminal-justice-progress-ncna823126

James Braxton Peterson reports for NBC News:

“The Russia investigation may be undercutting Attorney General Jeff Sessions’ credibility, but it has not undermined his efforts to take the U.S. Justice Department back in time.

The time Sessions wants to go back to features an unforgiving system of mass incarceration that disproportionately targets people of color in a legal structure too often stacked against them.

To do this, the attorney general has issued a slew of policy rollbacks — unfortunate for a Justice Department that was only incrementally making progress toward equal justice under President Barack Obama and Attorney General Eric Holder.

In this sense, Sessions’ Justice Department might be the most effective unit of the Trump administration. If Trumpism’s goal is, at least in, part to destroy the progress achieved under the Obama administration, Sessions’ scorecard so far outstrips his GOP colleagues in the Cabinet and former colleagues in the Senate.

In March, for example, the nation’s top law enforcement officer visited St. Louis, next-door to Ferguson, ground zero for the Black Lives Matter movement. Sessions was in St. Louis talking about crime initiatives but also seeming to criticize one of the most useful tools for documenting police brutality: civilian cell phone videos. The choice of venue could not have been a coincidence. By focusing on “targeted police killings,” he deflected attention from the challenges now confronting law enforcement.

In fact, Sessions has had little to say on how the Justice Department might address matters of police brutality, much less on the matter of Black Lives Mattering. Instead, he has mostly showcased President Donald Trump’s belief that strong policing and incarceration are key to maintaining law and civil order.

. . . .

It is as if Sessions’ Justice Department is operating on a set of alternative facts. Because the statistics are well known: Whites and blacks use and sell drugs at roughly the same rates, and African Americans make up roughly 13 percent of the U.S. population. Yet law enforcement records are remarkably different for each demographic. According to Human Rights Watch: “Black adults are more than two-and-a-half times as likely as white adults to be arrested for drug possession. In 2014, Black adults accounted for just 14 percent of those who used drugs in the previous year but close to a third of those arrested for drug possession.” In many states, a felony conviction also means losing the right to vote.

It is as if Sessions’ Justice Department is operating on a set of alternative facts.

Sessions looks eager to re-open the “war on drugs” — or, more appropriately, the war on poor people who use drugs. No available metric on this decades-long war shows any significant success in limiting access to drugs in the United States or in reducing addiction to controlled substances.

What the “war on drugs” has been good at is: stigmatizing poor people afflicted with the disease of addiction; profiling black and brown folks and arresting them at rates exponentially greater than their white counterparts; and creating revenue streams for the Prison Industrial Complex.

. . . .

Sessions’ success will be key if Trump wants to make good on his law-and-order promises.

Sadly, it is working. The Justice Department is slowly transforming into an injustice department right before our eyes.

Mass incarceration, its impact on families and communities and the often racially biased ways in which its policies operate is still one of the most pressing human rights issues of our time. It’s a shame that, in the era of Trump, we are unable to effectively address the challenges we face.

James Braxton Peterson is the author of three books, including “Prison Industrial Complex for Beginners.”

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Read Peterson’s full article at the link.

Peterson doesn’t even get into Gonzo’s brazen attacks on justice for Latinos, immigrants, Dreamers, refugees, LGBTQ individuals, so-called “Sanctuary Cities,” lawyers, reporters, Federal Judges, critics of the Administration, forensic science, private property, or users of legalized marijuana. And, he only mentions in passing Gonzo’s disingenuous statements on Russia and his lackadaisical handling of the real threats Russia poses to our national security. Grim as Peterson’s article is, it actually substantially understates the true carnage that Gonzo is inflicting on our Constitution and our system of justice. It could turn out to be irreparable!

Senator Liz Warren was right!

PWS

11-24-17

HON. JEFFREY CHASE: A.G. IS IGNORANT & BIASED — SESSIONS TRIES TO BLAME EVERYBODY BUT TRUE CULPRITS FOR ASYLUM BACKLOGS!

https://www.jeffreyschase.com/blog/2017/10/26/in-response-sessions-claims-regarding-asylum-fraud

Jeffrey writes:

“In a recent address at EOIR headquarters, Attorney General Jeff Sessions blamed the immigration courts’ present backlog of over 600,000 cases on asylum fraud. In order to lend support to his claim, Sessions conveniently omitted some important facts.

First, Sessions somehow failed to mention that after gaining majority control in the 2010 midterm elections, Republicans in Congress forced a hiring freeze, followed by a “sequester” requiring government-wide budget cuts. EOIR was not able to hire immigration judges or other support staff, while suffering personnel departures. In 2015 testimony to Congress by EOIR’s then director, the late Juan Osuna attributed much of the 101 percent increase in the immigration court’s backlog over the preceding five years to the hiring freeze. Furthermore, the sequester’s budget cuts rendered EOIR unable to replace obsolete computer servers, which resulted in a total system failure in 2014 which wreaked havoc on the courts for more than 5 weeks. These Republican-created problems coincided with the 2014 surge along the southern border of legitimate refugees fleeing increased violence in the Northern Triangle region of El Salvador, Guatemala, and Honduras. The 2014 violence was followed by a 70 percent increase in the murder rate in El Salvador the following year, which, according to a January 2016 article in The Guardian, made it the most dangerous peacetime country in the world.

EOIR publishes a statistical yearbook each year; the most recent is for fiscal year 2016. The report divides asylum claims into affirmative and defensive categories. Defensive applications are filed by individuals who find themselves in removal proceedings facing deportation from the U.S. Some are detained; some are not represented by attorneys. The majority of these individuals are eligible to apply for only one form of relief: asylum. Given the fact that most people in removal proceedings would like to remain in the U.S. and avoid deportation, it is not surprising that a number of these individuals file applications for the only form of relief that might keep them here, even if the likelihood of success is a longshot. Nevertheless, in FY 2016, 31 percent (i.e. nearly a third) of these defensive claims for asylum were granted by immigration judges, according to EOIR’s own numbers.

The second category of asylum applicants listed in EOIR’s annual report consists of affirmative applicants. These are individuals who are not detained or in imminent danger of deportation. Nevertheless, these individuals decided to come forward and apply for asylum, bringing themselves to the attention of DHS and risking deportation should their claims be denied. In FY 2016, EOIR reported that 83 percent of such claims were granted by immigration judges. It should be noted that affirmative applicants are first interviewed by asylum officers with USCIS, a component of DHS. DHS grants asylum to those applicants it deems approvable, and refers the rest to EOIR. So if the cases granted by DHS are added to the EOIR numbers, the grant rate is actually higher.

In removal proceedings, asylum applications are contested by DHS trial attorneys, who nearly always subject asylum applicants to detailed cross-examination.. DHS attorneys may send evidence submitted by asylum applicants for consular investigation in the country of origin, or for forensics examination to determine if there is evidence of fabrication or alteration. The DHS attorneys may also check other databases for evidence that may conflict with the information provided in the asylum application. DHS may offer any results that might indicate fraud into evidence. Sessions falsely claims that “there is no way to reasonably investigate the claims of an asylum applicant in their own country;” in my 12 years as an immigration judge, I was presented with the results of many such in-country consular investigations. I also commonly received reports and heard testimony from forensics examiners employed by DHS.

In addition, in response to reports of fraud, Congress included provisions in the 2005 REAL ID Act that gave immigration judges greater authority to find that asylum applicants lacked credibility. The legislation also made it more difficult to establish asylum eligibility by requiring that one of the five statutorily protected grounds (i.e. race, religion, nationality, membership in a particular social group, or political opinion) be “one central reason” for the feared persecution. Also, the BIA has spent the last 11 years issuing precedent decisions that increase the difficulty of establishing asylum eligibility.

And in spite of all of the above, immigration judges last year found more than 8 of 10 affirmative asylum applicants to be legitimate. The IJs granting these claims are employees of the Attorney General’s own Department of Justice. Immigration Judges are appointed by the Attorney General, and come from a variety of backgrounds. Many previously worked on the enforcement side; many are Republican appointees. Sessions claims that “vague, insubstantial, and subjective claims have swamped our system.” If true, how are more than 80 percent being granted by judges that he and his predecessors appointed?

So then where is the evidence of widespread asylum fraud supporting Sessions’ assertion? What support does he provide in claiming that “any adjudicatory system with a grant rate of nearly 90 percent is inherently flawed?” Why would that be true of the applicants in question chose to come forward and apply for asylum; their claims were screened and prepared by competent attorneys; and where the immigration laws contain significant penalties for filing fraudulent claims, including a lifetime bar on any and all immigration benefits?

About three years ago, while I was the country conditions expert for EOIR, I was one of a number of EOIR employees invited by DHS to attend a training session on country conditions in the Northern Triangle region of El Salvador, Nicaragua, and Honduras. The presenters described horrific conditions in the lawless Northern Triangle, in which murders occur with impunity, boys as young as 7 years old are recruited for gang membership, 11 year old girls are raped, and their fathers killed if they try to intervene. The presenters concluded that in spite of the danger, parents are making very informed decisions in paying to have their children smuggled north under dangerous conditions, considering the horrible conditions at home. Remember, this was not a program put on by Amnesty International; this was DHS training its asylum officers. I enlisted one of the presenters to repeat his presentation for the immigration judges at their training conference the following year. Is Sessions somehow unaware of this information when he portrays such claims as fraudulent?

In support of his fraud claim, Sessions stated that many who were found to have a credible fear of persecution and paroled into the U.S. did not subsequently apply for asylum. However, he neglected to mention that many of those parolees are unaccompanied children. He also did not mention that many parolees cannot afford attorneys, and that pro bono groups’ limited resources are completely overwhelmed by the number of asylum seekers, and that those dedicated pro bono programs who have attempted creative approaches such as providing limited pro bono assistance to pro se applicants have been hampered by EOIR itself, which issued a “cease and desist” letter to at least one such program, the highly regarded Northwest Immigrant Rights Project.

Sessions referenced a 2014 investigation resulting in the arrest of 8 attorneys for engaging in asylum fraud. There are thousands of immigration attorneys in the United States. The overwhelming majority are honest, hardworking and highly respectful of our laws. Since departing the government I been inspired by the seriousness with which private immigration attorneys treat asylum matters. When attorneys speak of a client being granted asylum, they nearly always describe years of preparation, a lengthy hearing, well-researched legal theories, and loads of supporting evidence, often including expert witnesses. These are not half-hour hearings; they are exhausting, contested matters that can last many hours. The attorneys engaged in such work should be applauded for their efforts. And I can’t express enough admiration for the hundreds of immigration judges who, in spite of the pressure created by a daunting workload and biased remarks by the Attorney General they report to, nevertheless continue to afford due process and render fair and impartial judgement on those appearing before them.

Copyright 2017 Jeffrey S. Chase. All rights reserved.”

Reprinted with permission.

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Right on Jeffrey!  Thanks for your incisive commentary and analysis!

Gonzo’s extensive record of lies, omissions, intentional distortions, bias, and willful ignorance make him unqualified for any position of public trust, let alone the chief legal official of the US! The inappropriateness of placing such an individual in charge of the US Immigration Courts is simply jaw dropping!

Sen. Liz Warren was right! Our country and our entire system of justice are suffering because a majority of her colleagues “tuned her out!” Speaking truth to power is seldom easy.

PWS

10-26-17

GONZO’S WORLD: COMING TO THE SUPREMES THIS FALL: Jeff Sessions v. United States of America! – White Nationalist AG Takes On 21st Century America In Concerted Effort To Recreate “The Bad Old Days” Of Maximo Bias & Inequality!

http://www.motherjones.com/politics/2017/10/trumps-justice-department-is-taking-on-other-federal-agencies-in-court/

Pena Levy reports for Mother Jones:

“The first day of the Supreme Court’s new term on Monday will feature a rare legal showdown: The Justice Department will face off against another federal agency. It’s unusual for the Justice Department, representing the United States government, to disagree with an executive agency, much less send its top lawyer to try to defeat that agency before the Supreme Court—but it’s only the first of several such confrontations in the Trump administration.

There are currently three major cases in which the Justice Department under Attorney General Jeff Sessions has taken a position in opposition to another executive agency. The nation’s top court will referee one of these disagreements on Monday, and the other two are likely to reach the Supreme Court next year. The situation is partially explained by politics: The department is opposing agencies whose missions—protecting the interests of workers and consumers—are less likely to align with the goals of a conservative administration. But it’s also a signal of how aggressive the Justice Department plans to be in pursing its conservative agenda through the courts.

“It’s highly unusual to have two lawyers, both representing the federal government, taking opposite positions in a court,” says Deepak Gupta, an appellate lawyer who has filed briefs in two of the cases opposing the Justice Department’s positions. “The fact that it’s happening in multiple instances across a broad range of issues is really remarkable and is a sign of how aggressively the Trump administration is flipping positions on a broad range of issues.”

The case going before the court on Monday concerns workers’ right to collective action. The other two will decide whether the creation of the agency in charge of protecting consumers violates the Constitution and whether the 1964 Civil Rights Act protects employees from being fired because of their sexual orientation. The Justice Department’s willingness to take on other agencies is even more notable because in two of the cases, the department’s top lawyers had to change the department’s position in order to oppose the agencies. Such changes are generally not made without serious deliberation and restraint because the department is expected to have a consistent position on legal issues.

“You would expect the justices to perhaps want to look a little bit more closely at precisely what the government’s position is,” says Jonathan Adler, a professor of constitutional and administrative law at the Case Western Reserve University School of Law, “to make sure that any change is in fact well considered and not something that’s being done cavalierly or superficially.”

On Monday, the US solicitor general, a Republican lawyer named Noel Francisco who was confirmed by the Senate earlier this month, will argue against the National Labor Relations Board (NLRB), which his office was representing until a few months ago. Under President Barack Obama, the solicitor general prepared to represent the NLRB, the federal agency charged with protecting workers from unfair labor practices, before the Supreme Court. But in June, the solicitor general’s office switched sides. “After the change in administration, the Office reconsidered the issue and has reached the opposite conclusion,” the office announced in a brief. The NLRB would now need to represent itself, and the solicitor general would appear in court on the other side. Labor advocates say they have to go back to the Reagan administration to find an analogous situation, in which a new administration changed its position before the Supreme Court for what appeared to be largely political reasons. 

This is not normal, even in a change of administration,” says Celine McNicholas, a labor attorney at the Economic Policy Institute, a progressive think tank, and a former counsel at the NLRB. Politics always affect agencies’ agendas, she says, but for the solicitor general to change his office’s stance before the Supreme Court for what appear to be political reasons “is a significant shift.”

The stakes in the NLRB case are high. The question is whether employment contracts can prohibit employees from joining together to seek better working conditions or higher wages or to address grievances, instead forcing them into secret, individual arbitration proceedings. Since 2012, the NLRB has held that these increasingly common mandatory arbitration clauses are illegal because they violate employees’ right to join together, which is enshrined in the 1935 National Labor Relations Act. The Justice Department has taken the position that in order to get a job, workers can be forced to waive any right to petition collectively in the future. If the department and the employers it is siding with prevail, such employment contracts are likely to proliferate further, giving every employer the ability to escape any chance of a class-action lawsuit or other type of collective agitation.

In March, the Justice Department filed a motion before the DC Circuit Court of Appeals in which it agreed with PHH. A “removal restriction for the Director of the CFPB is an unwarranted limitation on the President’s executive power,” the department wrote in a court filing announcing its new position.The Justice Department has also switched positions in a case over the Consumer Financial Protection Bureau (CFPB), the agency created after the financial collapse in 2008 to protect consumers from predatory mortgages, credit cards, student loans, and other financial products. The agency, the brainchild of Sen. Elizabeth Warren (D-Mass.), has been a target of Republicans since its inception. Now the Trump administration has seized on a chance to weaken it. The case originated when the CFBP levied a $109 million fine against PHH Corporation, a mortgage services provider that it alleged was referring customers to specific insurers in what was tantamount to a kickback scheme. PHH sued, claiming that in creating the CFPB’s leadership structure, Congress made the agency more independent from the president than is allowed under the Constitution. The agency’s director serves a five-year term and can only be fired by the president for cause.

Gupta, a former top official at the CFPB, sees this case as the most troubling of the three because, rather than execute the laws passed by Congress as required by the Constitution, the administration has opted to argue against an act of Congress. This is not unheard of; in 2011, the Obama administration announced that it would no longer defend a federal law that banned the recognition of same-sex marriages. But in announcing that decision, then-Attorney General Eric Holder explained that it was made in consultation with Obama and after an extensive review of the issue.

In contrast, the Trump administration’s decision to flip its position on the constitutionality of the CFPB seemed to lack serious deliberation. Three weeks before the administration announced its new position in a court filing, the department took the opposite position in a case that raised the same constitutional objection to another agency—the Federal Housing Finance Agency (FHFA)—with the same leadership structure as the CFPB. In February, the department filed a brief, signed by acting assistant attorney general Chad Readler, in which it argued that the challenge to the FHFA’s structure was an “illogical thesis” and “wholly without merit.” Three weeks later, Readler made the opposite argument about the CFPB. Acknowledging the conflict, Readler advised the court retroactively in the FHFA case that the government “does not urge reliance” on the argument it had previously advocated.”

. . . .

But under Sessions, the Justice Department has decided not only to take on other executive agencies, but also to switch positions in a number of other cases, including multiple voting rights cases. How judges will react to this fickleness—particularly in the coming Supreme Court term—could affect the Trump administration’s ability to uphold its broader agenda in the courts. “Of all the offices in the federal government,” says Adler, “we tend to expect the solicitor general’s office to be the most candid about what the law requires versus what’s a policy judgment, and to really not overplay that or overstate that.”

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Read the complete article at the link.

“This is not normal.” That pretty much sums up the Trump Administration and the entire career of “Gonzo Apocalypto” Sessions in a nutshell! The worst thing is that U.S. taxpayers are being ripped off for clowns like Sessions and his fellow travelers who are out to trash the rights and interests of the majority of Americans and to rip apart the rule of law and decency in Government at the same time.

It’s sorta like when guerrillas support themselves by extorting their political enemies or perceived enemies (something that the BIA in its wrong-headed rush to restrict asylum protection doesn’t recognize as “persecution,” even though it’s one of the oldest and most classic forms of political persecution). Make no mistake about it, Gonzo and his team of politicos are waging “guerrilla warfare” against career lawyers and the rule of law at the U.S. Department of Justice and in the Federal Courts. And, to date, they have largely gotten away with it.

These unquestionably are “law-free” bias-driven policy decisions by Gonzo. I’ve never seen any evidence whatsoever that Sessions actually reads or has even basic knowledge of American law. It’s just not necessary for a lifelong member of “The Wrecking Crew.” What is clear, however, is that he arrived at DOJ not with legal books, but with “cue cards” prepared for him by the Heritage Foundation, restrictionist immigration groups, and his White Nationalist buddies Miller and Bannon. His memoranda and briefs are studies in disingenuous doublespeak, complete nonsense, White Nationalist myths, and an overall intellectual shallowness that almost matches that of Trump.

It also shows why nobody should take seriously Gonzo’s disingenuous babbling about the Constitution or the “Rule of Law,” both of which he mocks nearly every day he remans in the high office for which he is so spectacularly unqualified. Liz was definitely right!

The good news, if any, is that by the time this disaster is over, the Solicitor General’s Office will have lost its last shred of credibility in the Article III Federal Courts. And, perhaps it will be a good thing for American justice when the “SG” loses his or her “privileged position” and is finally viewed as just another suspect and self-interested litigant in court. And, not a very smart or very well-qualified litigant at that.

Once lost, credibility can seldom be regained. Think about that one, Noel Francisco, before you and your subordinates become complete shills for the legally and morally bankrupt positions of Gonzo and Trump.

PWS

10-02-17

NFL PLAYERS, OWNER, COACHES STAND UP AGAINST RACIST IN CHIEF!

https://www.washingtonpost.com/news/early-lead/wp/2017/09/24/jaguars-owner-joins-players-during-anthem-protest-in-first-game-since-trumps-nfl-remarks/

The Washington Post reports about today’s first NFL game in London:

“Less than three hours after President Trump called on NFL owners to suspend or fire players who protest during the national anthem, the Baltimore Ravens and Jacksonville Jaguars — the first teams to play on Sunday — linked arms or took a knee during the playing of “The Star-Spangled Banner” before the teams 9:30 a.m. EDT kickoff in London’s Wembley Stadium.

Ravens Coach John Harbaugh joined his players, linking arms, and Ravens Hall of Famer Ray Lewis took a knee. Jaguars owner Shahid Khan, who had contributed $1 million to the Trump inauguration, locked arms with his players in what is believed to be the first visible participation in relation to anthem protests by a league owner.”

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Read the full report on the link.

Our President is a racist. Decent folks should band together and stand up against him. The entire state of Alabama should be hanging its head in shame as should the GOP which enabled and continues to enable this type of destructive conduct by an unqualified President.

And our racist, homophobic Attorney General Jeff Sessions and his White Nationalist agenda are a key part of dividing our country, whipping up bogus racial paranoia, and making a mockery of our justice system. Liz was right!

Meanwhile, star NFL QBs Tom Brady (Patriots) and Aaron Rodgers (Packers) posted their own messages of “unity” with their teammates.

http://www.sportingnews.com/nfl/news/tom-brady-instagram-aaron-rodgers-nfl-player-protests-unity-brotherhood-donald-trump/49cy9zprfs21gqjtwraqth6e

Oh yeah, after the anthem, the Packers came from behind to beat the Cincinnati Bengals 27-24 in OT!🏈🏈
PWS

09-24-17

WHAT DO YOU CALL SOMEONE WHO ENJOYS INFLICTING GRATUITOUS PAIN AND SUFFERING ON VULNERABLE PEOPLE? — Jeff Sessions

https://www.washingtonpost.com/news/powerpost/wp/category/the-daily-202/?utm_term=.c4e82aca4268&wpisrc=nl_daily202&wpmm=1

James Hohmann writes in then”Daily 202″ in the Washington Post:

“THE BIG IDEA: Photographers caught a giddy Jeff Sessions cracking a satisfied smile last week as he prepared to announce that 690,000 undocumented immigrants who had been brought into the United States as minors would no longer be shielded from deportation. The Deferred Action for Childhood Arrivals program “is being rescinded,” the attorney general declared in the first line of his statement. “There is nothing compassionate about the failure to enforce immigration laws. … Failure to enforce the laws in the past has put our nation at risk of crime, violence and even terrorism. … The effect of this unilateral executive amnesty, among other things, contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences. It also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.” Fact checkers called these and other claims Sessions made about the immigrants known as “dreamers” dubious or outright false. Perhaps that’s why he didn’t take questions afterward. Regardless, the speech was widely covered as a triumph for the nation’s chief law enforcement officer and a sign that he was out of President Trump’s doghouse. Not only did Sessions get the outcome he wanted; he also got to deliver the news from the Justice Department briefing room. Trump’s DACA decision last week seemed to validate Sessions’s decision to slog on through the summer even after being frozen out of the inner circle. From interviews to tweets, Trump repeatedly attacked his attorney general throughout July as “weak” and “beleaguered.” The main reason Sessions chose to put up with indignities that might cause most people to quit was because he believed he could make a difference on immigration policy. That has always been his signature issue and animated his two decades in the Senate.

— But it took less than 10 days for Trump to once again undercut Sessions. The president on Thursday signaled his embrace of granting permanent legal status to these “dreamers” as part of a deal with Democrats that he said is close to being finalized. He also acknowledged that he’s not going to make a deal to save DACA contingent on getting funding for the wall he wants to build along the U.S.-Mexico border.

Discussing the exact same group of people that Sessions painted with such a sinister brush one week earlier, Trump tweeted yesterday: “Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military? Really!” Trump tweeted yesterday. “They have been in our country for many years through no fault of their own — brought in by parents at young age.”

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Read the rest of Hohmann’s always-entertaining column at the above link.

Quite simply, Jeff “Gonzo Apocalypto” Sessions is a poor excuse for a human being and a disgrace to the U.S. Department of Justice. What kind of person is motivated by a desire to destroy our society by hurting fine American young people and smearing them with lies and innuendo?

But, let’s not forget who empowered his message of hate and fear by appointing him, and who “blew by” his long record of racial problems while silencing the opposition that told truth. And, a special “shout out” should go to those who voted to put this intentionally divisive Administration in office and to the unapologetically racially challenged white GOP voters of Alabama who elected this leftover of the Jim Crow era time and time again.

Jeff Sessions does not represent the values of the majority of Americans. We must get it together at the ballot box to insure that he (and those like him) never again happen to us and to our country!

PWS

09-15-17

WASHINGTON POST: VOTING RIGHTS ARE THE CIVIL RIGHTS ISSUE OF OUR AGE — AS USUAL, JEFF SESSIONS IS SQUARELY ON THE WRONG SIDE OF HISTORY!

https://www.washingtonpost.com/opinions/voter-suppression-is-the-civil-rights-issue-of-this-era/2017/08/19/926c8b58-81f3-11e7-902a-2a9f2d808496_story.html?hpid=hp_no-name_opinion-card-b%3Ahomepage%2Fstory&utm_term=.1bfaa722c738

“Yet even if all 1,500 Confederate symbols across the country were removed overnight by some sudden supernatural force, the pernicious crusade to roll back voting rights would continue apace, with voters of color suffering its effects disproportionately. Pushing back hard against those who would purge voter rolls, demand forms of voter ID that many Americans don’t possess, and limit times and venues for voting — this should be a paramount cause for the Trump era.

In statehouse after statehouse where Republicans hold majorities, the playbook is well established, and the tactics are becoming increasingly aggressive.

Mr. Trump’s voter fraud commission is at the vanguard of this crusade, and the fix is in. Its vice chairman, Kris Kobach, is the nation’s most determined, litigious and resourceful champion of voter suppression. Under his tutelage, the commission is likely to recommend measures whose effect will be that new obstacles to voting would be taken up in state legislatures. Millions of voters are at risk of disenfranchisement from this effort, and the knock-on effects of such a mass act of disempowerment are dizzying.

 

The events in Charlottesville and the president’s apologia for the right-wing extremists there should mobilize anyone passionate about civil rights. There would be no better target for their energies than the clear and present danger to the most fundamental right in any democracy: the vote.”

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Read the complete article at the link.

Sessions and his Civil Rights Division are supposed to be out there defending the right of citizens, particularly minorities, to vote. Instead, he has thrown the weight of the Justice Department to those GOP hacks seeking to suppress the vote. Meanwhile the Civil Rights Division is thinking of perverse ways to abuse Civil Rights laws by using them to promote white privilege and white supremacy.

Sen. Liz Warren was silenced by McConnell when she told the truth about Sessions’s continuing racism. She was right.

PWS

08-20-17

Once Upon A Time, The DOJ Intervened On Behalf Of Disadvantaged Minorities For Whom Civil Rights Protections Were Enacted — Now, Not So Much, As Jeff “Gonzo Apocalypto” Sessions Finds Ways To Use Civil Rights Protections Against Minorities & To Help White Establishment Cling To Power! — Switches Sides To Favor Voter Suppression Before Supremes!

https://www.washingtonpost.com/world/national-security/justice-department-reverses-position-to-allow-ohio-to-purge-inactive-voters-from-rolls/2017/08/08/e93c5116-7c35-11e7-9d08-b79f191668ed_story.html?utm_term=.7ea94a97bc00&wpisrc=nl_daily202&wpmm=1

Sari Horwitz reports in the Washington Post:

“The Justice Department has reversed its position in a high-profile voting case in Ohio, siding with the state in its effort to purge thousands of people from its rolls for not voting in recent elections.

The move is part of a broader campaign by the Trump administration to support restrictions on who is eligible to vote, a radical change in philosophy from the previous Justice Department, which sued a number of states over voting laws that it deemed discriminatory against minorities.

In a court filing late Monday, Justice Department attorneys took the opposite position from the Obama administration in a case that involves Ohio’s removal last year of tens of thousands of inactive voters from its voting rolls.

In their brief, government lawyers say they reconsidered the Ohio vote-purging issue after the “change in Administrations,” and they argue that the state’s actions are legal under federal law. The case is headed next to the Supreme Court.

Ohio’s procedure allows the state to purge voters who meet certain criteria for being inactive. If a voter has not cast a ballot in two years, the person is sent a notice asking them to confirm their registration. If the voter does not respond and does not cast a ballot over the next four years, the person is removed from the rolls.

The Trump administration has signaled in other ways that it intends to back added requirements for voters as part of a crackdown on alleged fraud.

President Trump in May created an advisory commission on election integrity that has been tasked with determining the extent of illegal voting. The president earlier made the baseless allegation that illegal voting cost him the popular vote against Democrat Hillary Clinton in the 2016 presidential election.

The commission’s only notable act so far has been to request massive amounts of voter data from the states, a move that has provoked lawsuits accusing the panel of breaching Americans’ privacy.

The case in Ohio is not the first time the Justice Department has reversed course in a major legal battle over voting rights. In February, shortly after Jeff Sessions became attorney general, the department dropped its position in a long-running case that argued Texas intended to discriminate against minorities when it passed a strict voter-ID law.

The Texas law, passed in 2011, required that voters present certain forms of identification, such as a driver’s license or a weapons permit, but the state did not allow other forms, including IDs issued by colleges. Critics said these restrictions targeted voters, such as young people and minorities, who are more likely to vote Democratic. A number of courts found the Texas law to be unconstitutional, and a federal court in April found that the Texas legislature intentionally discriminated against black and Hispanic voters.

Voting rights advocates said the Justice Department’s action on Ohio represented a major change in direction for the U.S. government’s stance on access to the polls.

The move “signals the broader agenda of the administration to roll back voter rights in this country,” said Vanita Gupta, former head of the Justice Department’s civil rights division under President Barack Obama and now president of the Leadership Conference on Civil and Human Rights.”

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Read the complete article at the above link.

During Sessions’s Senate Confirmation, Senator Liz Warren, Senator Corey Booker, Members of the Congressional Black Caucus, and my friend and former DOJ Civil Rights Attorney Jerry Hebert, among others, tried to tell the Committee and the Senators that Sessions was the same White Nationalist/racially challenged individual he had been back when he was properly rejected for a U.S. District Judge position. They were “tuned out.”

Sessions took umbrage, and then lied under oath to the Committee when he claimed to be a staunch defender of civil rights and someone who would separate his political positions as a Republican Senator from Alabama (a state with a disgraceful history of racial bias) from his new responsibilities as Attorney General for all Americans. That would include people of color, LGBT Individuals, immigrants, both legal and undocumented, women, and even Democrats. But, he’s the “same ol’ Jeff” just like his critics said he would be. And the carnage to the American justice system that he is creating probably won’t be repaired any time soon.

Gonzo’s reported next target and scheme to waste of taxpayer money: legalized marijuana. Return to “Reefer Madness!”

PWS

08-09-17

 

THE CUT: SESSIONS UNDER FIRE FOR SPEECH TO ANTI-LGBT GROUP!

https://www.thecut.com/2017/07/jeff-sessions-speech-anti-lgbtq-hate-group-alliance-defending-freedom.html?utm_source=Sailthru&utm_medium=email&utm_campaign=Cut%2520-%2520July%252013%252C%25202017&utm_term=Subscription%2520List%2520-%2520The%2520Cut%2520%25281%2520Year%2529

Claire Landsbaum reports:

“Attorney General Jeff Sessions is being criticized for delivering a speech to an anti-LGBTQ hate group. On Tuesday night he addressed the Alliance Defending Freedom, a Christian law firm that advocates against LGBTQ rights, but the Justice Department won’t release his remarks, according to ABC.

The event reportedly aimed to “bring together prominent legal advocates, scholars, cultural commentators, business executives and church leaders to examine the current state of religious freedom,” and “develop legal and cultural strategies to allow freedom to flourish in the United States and around the world.” A spokesperson for the Alliance Defending Freedom said it was “working through channels” to release Sessions’s remarks at the gathering.

The ADF was classified as a hate group by the Southern Poverty Law Center in 2016; according to the center’s website, the ADF “is a legal advocacy and training group that specializes in supporting the recriminalization of homosexuality abroad, ending same-sex marriage, and generally making life as difficult as possible for LGBT communities in the U.S. and internationally.” This characterization doesn’t sit well with the ADF, which recently published a column defending its ideology.

Sessions’s voting record as an Alabama senator was generally in line with the ADF’s stances — for example, he supported a constitutional ban on same-sex marriage; voted against adding sexual orientation and gender identity to categories protected against hate crimes; and voted against repealing the military’s “don’t ask, don’t tell” policy. But although his attendance at an event involving the ADF isn’t surprising, some LGBTQ advocates are worried about the message it sends.

Wisconsin Senator Tammy Baldwin, who’s the first openly gay person elected to the U.S. Senate, told ABC it “sends a very troubling message that our attorney general, America’s top law-enforcement official, is not committed to standing up to anti-LGBT hate.”

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Liz was right!

PWS

07-13-17

 

Chris Cillizza In WashPost: Gonzo’s Bad Week! AG Appears Both Out Of Favor & Under Investigation — What More Could You Want From The USG’s Top Lawyer?

http://www.cnn.com/2017/06/10/politics/jeff-sessions-worst-week/index.html

“Washington (CNN)When stories about you offering to resign due to increasingly strained relations with your boss are the high point of your week, you know it’s not been a good seven days.

That’s how it went for Attorney General Jeff Sessions this week.
Things started off poorly when a series of pieces detailed his ongoing issues with President Donald Trump. This, from CNN’s Sara Murray and Stephen Collinson, paints an ugly picture for Sessions:
“Sessions and the President have had a series of heated exchanges in recent weeks, prompted by the attorney general’s decision to recuse himself from the probe into Russia interference in the election and alleged collusion by Trump aides, a source close to Sessions told CNN on Tuesday.”
“At one point, Sessions made clear he would be willing to resign if Trump no longer wanted him.”
Comey: AG may have met ambassador a third time

Comey: AG may have met ambassador a third time 01:34
Trump doesn’t like to ever apologize, retreat or concede. On anything. Sessions did just that, in Trump’s eyes, when he recused himself from the federal Russia probe after it was revealed he had not disclosed two meetings with Russian Ambassador Sergey Kislyak during the 2016 campaign. Trump didn’t like the decision at the time and has come to view it as the root of everything that led to the appointment of Bob Mueller as special counsel to oversee the Russia investigation.”

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Read Cillizza’s full story at the link.

Regardless of whether he gets indicted, Gonzo Apocalypto’s sleaze factor is high. And his “gonzo” policies on immigration, crime, civil rights, and human rights are bad for American justice. It was also clear from Comey’s testimony that he didn’t view Sessions as a person of integrity, nor did he trust him as far as he could throw him.

Liz was right!

PWS

06-10-17

MARJORIE COHN IN HUFFPOST: Destroying American Justice From The Inside — The “Gonzo-Apocalypto Era” Takes Hold At The USDOJ!

http://www.huffingtonpost.com/entry/jeff-sessions-department-of-injustice_us_590dd80ee4b0f711807244f1

Cohn writes:

“Motivated by his deep-seated biases and those of President Donald Trump, Attorney General Jeff Sessions is pursuing a draconian agenda on voting rights, immigration, crime, policing, the drug war, federal sentencing and the privatization of prisons.

Sessions, now head of the Department of Justice, which is charged with enforcing the Voting Rights Act, once called the act “intrusive.” In 2013, after the Supreme Court issued a decision in “Shelby County v. Holder” that struck down the section of the act that established a formula for preclearance of jurisdictions with a history of racial discrimination, Sessions called it “a good day for the South.”

Sessions and Trump tout the existence of what the Brennan Center for Justice at New York University Law School calls a “phantom crime wave.” While this administration scaremongers about high crime rates, in reality, national crime and murder rates are at a near-historic low: 50 percent less than they were at their peak in 1991.

Trump’s campaign mantra was “law and order,” a euphemism for tolerating excessive force by police officers, often against people of color. Trump speaks of “American carnage” in the cities and a “war” on the police. His bogus rhetoric is aimed at Black Lives Matter, which arose in response to increasing numbers of police shootings, particularly of nonwhites.

The president depicts police reform measures as “anti-law enforcement” and Sessions is fully on board with this framing. In 2015, when he was a senator, Sessions said that police reform movements endanger public safety and hinder police work.

Sessions opposes consent decrees, which are court-enforced agreements aimed at eliminating racial profiling and excessive force by police in agencies that demonstrate “a pattern or practice” of violating civil rights. Sessions says the federal government should not be “dictating to local police how to do their jobs” (except when it comes to immigration enforcement, that is).

Amnesty International warns that Trump and Sessions’ “law and order” rhetoric could lead to higher levels of mass incarceration, long sentences and prolonged solitary confinement.

. . . .

Trump and Sessions are not disappointing the white nationalists who favor using immigration policy as a wedge to further their “alt-right” program.

Kevin de León, President pro Tempore of the California State Senate, noted, “It has become abundantly clear” that Sessions and Trump “are basing their law enforcement policies on principles of white supremacy ― not American values.”

From January to mid-March of this year, immigration arrests have increased by 33 percent. Since Trump’s inauguration, the number of arrests of immigrants with no criminal records has doubled. Roughly half of the 675 arrested in early February raids had either driving convictions or no criminal record at all, according to data obtained by The Washington Post.

Sessions drastically increased penalties for illegal reentry into the United States and ordered immigration officials to charge undocumented immigrants with higher-penalty crimes.

Although Sessions’ heavy-handed actions are based on Trump’s spurious claim that immigrants disproportionately murder and rape US citizens, studies have shown that immigrants actually commit fewer crimes than citizens.

Agents from Immigration and Customs Enforcement (ICE) are arresting immigrants who come to the courthouse. This egregious practice motivated California Supreme Court Chief Justice Tani Cantil-Sakauye to complain in a letter to the Departments of Justice and Homeland Security that ICE agents “appear to be stalking undocumented immigrants in our courthouses to make arrests.”

Terrorizing immigrants with frightful measures discourages immigrant witnesses from reporting crimes, and discourages victims from seeking legal measures and services that are meant to protect their own safety and well-being.

By March, the Los Angeles Police Department had seen a 25 percent drop in the number of Latinos reporting sexual assault and a 10 percent decrease in Latinos’ reports of domestic violence. By early April, there was a 42.8 percent drop in the number of Latinos who reported rapes to the Houston Police Department. And a health care center in Los Angeles reported a 20 percent decrease in food stamp enrollments and a 54 percent drop in enrollments for Medicaid.

The Trump administration has been arresting ― even deporting ― “Dreamers” who relied on Barack Obama’s assurances they would be protected if they came out of the shadows and provided their personal information to ICE. Dreamer Juan Manuel Montes Bojorquez is a registrant in Obama’s Deferred Action for Childhood Arrivals (DACA) program, and was the first DACA recipient to be deported. Bojorquez, who is now in Mexico, is suing the US federal government.

On January 25, 2017, Trump signed an executive order to halt federal funding to municipal governments that don’t facilitate federal immigration enforcement. Trump’s order is aimed at “sanctuary cities” that protect immigrants from deportation.

In March, Sessions threatened officials in nine jurisdictions with losing their 2016 grants if they failed to certify by June 30 that they were in compliance with a law that forbids local authorities from forcing officials to withhold information about immigration status from federal authorities.

But the majority of sanctuary policies do not cover information sharing. Most address how to handle “detainers,” where federal immigration officials request that state or local authorities continue to detain people who are eligible for release. Courts have said jurisdictions cannot be forced to honor those detainers.

Trump’s January 25 order is blocked, for now. US District Judge William H. Orrick III issued a nationwide preliminary injunction that forbids the federal government from withholding funds from municipal governments that don’t fully cooperate with immigration agents.

Orrick also ruled the federal government can’t legally force counties to hold undocumented people beyond their release dates. The judge concluded Trump’s order likely violates due process, the separation of powers doctrine, and the 10th Amendment, which prevents federal interference with state and local self-government. Only Congress can limit spending, Orrick wrote.

This is Trump’s third executive order halted by federal courts. His first and second Muslim bans are now pending in the 9th and 4th Circuit Courts of Appeals.

. . . .

After Trump nominated Sessions for attorney general, Rep. Luis Gutiérrez (D-Illinois) stated, “No senator has fought harder against the hopes and aspirations of Latinos, immigrants and people of color than Sen. Sessions.”

Indeed, no one is worse equipped to lead the Department of Justice. Sessions’ racism is prominently on display in every action he has taken during his short tenure in Trump’s cabinet.

It is critical that “we the people” continue to resist, in every way we can, the Trump-Sessions pattern and practice of injustice.

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild and deputy secretary general of the International Association of Democratic Lawyers. Her books include The United States and Torture: Interrogation, Incarceration, and Abuse; Cowboy Republic: Six Ways the Bush Gang Has Defied the Law; and Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. Follow her on Twitter. Copyright Truthout. Reprinted with permission.”

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Read the entire article over on HuffPost.

So much damage in so little time. And, I’m sure the worst is yet to come. Most impressive in a depressingly negative way! Senators Liz Warren, Cory Booker, and others were right!

PWS

05-07-17

HUFFPOST: How White Nationalist “Know Nothing” Jeff “Gonzo Apocalypto” Sessions Tanked Needed Police Reform In Chicago Without Even BOTHERING TO READ The DOJ’s 160 Page Report!

http://www.huffingtonpost.com/entry/doj-police-reform-jeff-sessions-chicago_us_58f50a77e4b0da2ff86254cf?ncid=inblnkushpmg00000 report on HuffPost:

Ryan J. Reilly & Kim Bellware report in HuffPost:

“CHICAGO ― In the final months of the Obama administration, the Justice Department’s Civil Rights Division scrambled to complete its biggest-ever investigation of a city police department: a 13-month probe of Chicago’s 12,000-strong police force that wrapped up just a week before President Donald Trump’s inauguration.

For more than a year, the division’s lawyers reviewed thousands of Chicago Police Department documents, visited all 22 police districts, went on 60 ride-alongs, reviewed 170 police shooting files, examined over 425 incidents of less-lethal force, interviewed 340 department members and talked to about 1,000 Chicago residents.

Their final report, issued Jan. 13, recognized the tough job officers had in Chicago as they dealt with spiking gun violence, and praised the “diligent efforts and brave actions of countless” officers. But a “breach in trust” eroded Chicago’s ability to prevent crime, because officers were able to escape accountability when they broke the law, the report found. Because “trust and effectiveness in combating violent crime are inextricably intertwined,” the report found “broad, fundamental reform” was needed in Chicago.

Without a formal legal agreement to reform — known as a consent decree — and independent monitoring, the report concluded, reform efforts in Chicago were “not likely to be successful.”

JI SUB JEONG/HUFFPOST

Jeff Sessions, Trump’s attorney general, disagrees. In recent weeks, Sessions has expressed deep skepticism about the role of the federal government in fixing broken police departments, leaving serious doubts about the ultimate outcome of the Justice Department’s work in Chicago.

Sessions wants the Justice Department to serve as the “leading advocate for law enforcement in America.” While admitting he hadn’t read the full Chicago report, he called it “anecdotal” and “not so scientifically based.” Earlier this month in Baltimore, a Justice Department lawyer said Sessions had “grave concerns” about an agreement previously reached between that city and the Obama administration. A federal judge signed off on the deal over Sessions’ objections.

In an interview with a conservative radio host this month, Sessions seemed to suggest that Justice Department investigations and consent decrees were resulting in “big crime increases.” In an op-ed for USA Today last week, Sessions wrote that consent decrees could amount to “harmful federal intrusion” that could “cost more lives by handcuffing the police instead of the criminals.” There’s too much focus on “a small number of police who are bad actors,” Sessions wrote, and “too many people believe the solution is to impose consent decrees that discourage the proactive policing that keeps our cities safe.”

Chicago has a serious violent crime problem. Last year was the deadliest in the city in two decades, with 762 homicides. But supporters of police reform like Jonathan Smith, a former official in the Justice Department’s Civil Rights Division, said that Sessions was “simply wrong” to suggest that crime goes up as a result of reform (or, in Chicago’s case, an investigation). DOJ investigations can increase community confidence in police departments and make people safer, Smith argued.

JIM YOUNG / REUTERS
A protester takes part in a weekly nighttime peace march through the streets of a South Side Chicago neighborhood on September 16, 2016.

Lorie Fridell, a criminologist and police bias expert from whom the Chicago’s Police Accountability Task Force solicited information for its report released last year, said DOJ investigations not only help to usher in badly need reforms to the specific departments probed, but other departments also rely on the reports to determine if their own departments are meeting constitutional standards.

“I think it’s very unfortunate the DOJ is no longer going to prioritize police reform,” Fridell said. ”The future of police reform is therefore going to have to come from the ground up. It’s going to be important for concerned individuals to demand high-quality policing.”

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Read the complete HuffPost article at the above link. And, for those of you who would like to be better informed than AG “Gonzo Apocalypto” about the need for serious police reform in Chicago, you can read the complete DOJ Civil Rights Division report here: https://www.justice.gov/opa/file/925846/download.

Sen. Liz Warren, Sen. Cory Booker, and others who opposed Sessions’s nomination to be AG, and told the truth about his white nationalist views (which he tried to conceal/downplay during his confirmation hearing, in addition to lying under oath about his Russian contacts) were right!

PWS

04-29-17

“GONZO-APOCALYPTO:” The Ominous Cloud Hanging Over American Justice — In Good Friday Editorials, Both NYT & WashPost Blast Sessions’s Dark, Distorted, “Gonzo-Apocalypto” Vision Of America!

First, the Washington Post ripped Sessions’s “embarrassing” withdrawal of support from African Americans and other minorities challenging the State of Texas’s scheme to disenfranchise them. A Federal Judge has twice found in favor of the plaintiffs — once with the DOJ’s support and once without!

“BLASTING “A PATTERN of conduct unexplainable on nonracial grounds, to suppress minority voting,” U.S. District Court Judge Nelva Gonzales Ramos on Monday repudiated Texas’s voter-ID law, the strictest in the country. Asked by appeals court judges to reconsider her expansive 2014 ruling against the law using slightly different evidence, Ms. Ramos reaffirmed her previous determination that “the law places a substantial burden on the right to vote, which is hardly offset by Texas’s claimed benefits to voting integrity.” She found that racial discrimination was at least a partial motivation for the law, a step toward reestablishing federal supervision over Texas’s voting procedures, per the Voting Rights Act.

Given the ruling and the mountain of evidence, it is embarrassing that the Trump Justice Department dropped its support for the contention that the Texas voter law is purposely discriminatory.

The legal question is not close. “There has been a clear and disturbing pattern of discrimination in the name of combating voter fraud,” Ms. Ramos wrote in 2014. The only type of fraud the law could combat — voter impersonation — hardly ever happens. Meanwhile, the law’s backers knew it would disproportionately impact minority voters; in fact, they designed it so. “The Texas Legislature accepted amendments that would broaden Anglo voting and rejected amendments that would broaden minority voting,” Ms. Ramos found in her 2014 examination. Texas accepts relatively few forms of identification at the polls, and those it does accept, such as gun licenses, are those white Texans tend to hold. Unlike many voter-ID states, Texas does not relax ID rules much for the elderly or the indigent, though obtaining an accepted ID can be surprisingly time-consuming and expensive.”

Read the complete editorial here: https://www.washingtonpost.com/opinions/its-time-for-the-justice-department-to-disown-texass-discriminatory-voting-law/2017/04/13/ee63a0e0-1ef7-11e7-ad74-3a742a6e93a7_story.html

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Meanwhile, A NY Times editorial slammed Session’s disingenuous plan to make immigrants the “#1 target” of law enforcement in the “Trump era.” The emphasis is mine.

Here’s the full editorial:

Attorney General Jeff Sessions went to the border in Arizona on Tuesday and declared it a hellscape, a “ground zero” of death and violence where Americans must “take our stand” against a tide of evil flooding up from Mexico.

It was familiar Sessions-speak, about drug cartels and “transnational gangs” poisoning and raping and chopping off heads, things he said for years on the Senate floor as the gentleman from Alabama. But with a big difference:  Now he controls the machinery of federal law enforcement, and his gonzo-apocalypto vision of immigration suddenly has force and weight behind it, from the officers and prosecutors and judges who answer to him.

When Mr. Sessions got to the part about the “criminal aliens and the coyotes and the document forgers” overthrowing our immigration system, the American flag behind him had clearly heard enough — it leaned back and fell over as if in a stupor. An agent rushed to rescue it, and stood there for the rest of the speech: a human flag stand and metaphor. A guy with a uniform and gun, wrapped in Old Glory, helping to give the Trump administration’s nativist policies a patriotic sheen.

It was in the details of Mr. Sessions’s oratory that his game was exposed. He talked of cities and suburbs as immigrant-afflicted “war zones,” but the crackdown he seeks focuses overwhelmingly on nonviolent offenses, the document fraud and unauthorized entry and other misdeeds that implicate many people who fit no sane definition of brutal criminal or threat to the homeland.

The problem with Mr. Sessions’s turbocharging of the Justice Department’s efforts against what he paints as machete-wielding “depravity” is how grossly it distorts the bigger picture. It reflects his long fixation — shared by his boss, President Trump — on immigration not as an often unruly, essentially salutary force in American history, but as a dire threat. It denies the existence of millions of people who are a force for good, economic mainstays and community assets, less prone to crime than the native-born — workers, parents, children, neighbors and, above all, human beings deserving of dignity and fair treatment under the law.

Mr. Sessions is ordering his prosecutors to make immigration a priority, to consider prosecution in any case involving “transportation and harboring of aliens” and to consider felony charges for an extended menu of offenses, like trying to re-enter after deportation, “aggravated identity theft” and fraudulent marriage.

He said the government was now detaining every adult stopped at the border, and vowed to “surge” the supply of immigration judges, to increase the flow of unauthorized immigrants through the courts and out of the country. He has ordered all 94 United States attorney’s offices to designate “border security coordinators,” no matter how far from “ground zero” they are.

Mr. Sessions and the administration are being led by their bleak vision to the dark side of the law. The pieces are falling into place for the indiscriminate “deportation force” that the president promised. Mr. Sessions and the homeland security secretary, John Kelly, have attacked cities and states that decline to participate in the crackdown. Mr. Sessions has threatened these “sanctuary” locales with loss of criminal-justice funding, on the false assertion that they are defying the law. (In fact, “sanctuary” cities are upholding law and order. They recognize that enlisting state and local law enforcement for deportation undermines community trust, local policing and public safety.)

Mr. Kelly recently told a Senate committee that all unauthorized immigrants are now potential targets for arrest and deportation. And so an administration that talks about machete-waving narco killers is also busily trying to deport people like Maribel Trujillo-Diaz, of Fairfield, Ohio, the mother of four citizen children, who has no criminal record.

“Be forewarned,” Mr. Sessions said in Arizona. “This is a new era. This is the Trump era.”

Let’s talk about this era. It’s an era when the illegal border flow, particularly from Mexico, has been falling for 20 years. When many of those arriving from Central America immediately surrender to border agents — having fled to the United States to find safety, not to do it harm. When American border cities enjoy safety and vitality, thanks to immigrants. When a large portion of the unauthorized population has lived here for years, if not decades, with clean records and strong roots. When polls show that Americans back reasonable and humane immigration policies giving millions a chance to get right with the law.

President Trump has shown his mind to be a place where ideas and principles can morph without warning or explanation. It is a vacuum that allows ideologues like Mr. Sessions — who know their minds — to do their worst. On immigration, that is a frightening thing to contemplate.

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“Gonzo-Apocalypto” has to be the “word of the day.” What a perfect term to describe Jeff Sessions.

In a grotesque display of disingenuous hypocrisy, Sessions referred to “drug cartels and ‘transnational gangs’ poisoning and raping and chopping off heads.” These are exactly the things causing scared, defenseless women and children to flee for their lives from the Northern Triangle and seek refuge in the U.S. But, instead of refuge they find: well, Jeff Sessions, Donald Trump, Steve Bannon, Stephen Miller, Gen. John Kelly and others anxious to stomp out their humanity in the false name of “law enforcement.”

Turning to civil rights, I watched on the TV news last night two clips of brutal beatings and stompings of African Americans by white police officers. One victim was accused of “jaywalking”  — that’s right, “jaywalking.” The other was “driving without a license plate.” I was wondering how, after all the recent publicity, those officers could have engaged in such conduct, “on camera” no less.

Unfortunately, the answer is pretty simple “Black Lives Don’t Matter,” an attitude that obviously has just become instinctive for too many U.S. police officers. I couldn’t imagine a white pedestrian or a white motorist being treated that way in our multi-racial but predominantly white neighborhood.

Yes, the officers involved were disciplined. I believe that most or all of them were either fired, prosecuted, or both. But, that’s not the point!

The object is to prevent misuse of force by police, not to fire, prosecute, or otherwise discipline more policemen. And, prevention without compromising effectiveness of policing is exactly what the carefully crafted “consent decrees” with some problematic cities developed by the Civil Rights Division under AGs Loretta Lynch and Eric Holder achieved.

Those are the very decrees that Sessions immediately announced an intent to “review” with an obvious eye toward withdrawing or undermining them. Look at the childish behavior in the U.S. District Court in Baltimore, MD, when DOJ attorneys, acting on Sessions’s behalf, withdrew their support from the consent decree and basically refused to participate in a long-scheduled public hearing. Fortunately, the judge has the good sense to go ahead and approve and finalize the consent decree without any participation by DOJ, leading to even more childish whining from Sessions about the horrors of infringing on local law enforcement in the name of African American citizen’s constitutional rights.

The very public “green light” that Sessions has given to law enforcement to run over citizen’s rights as they please, without any fear of DOJ intervention, so long as they are “enforcing the law” — like busting jaywalkers, license plate violators, and presumably undocumented aliens — no doubt plays a role in the continuing anti-minority policing being conducted by some law enforcement agencies.

Sessions “bristles” when anyone uses the term “racist” to describe him. Sessions was given a chance to make good on his (obviously false) promise during his confirmation hearings to turn over a new leaf and look at the responsibilities of being Attorney General for all Americans differently from representing Alabama in the U.S. Senate.

Unfortunately,  his actions have proved that all of the charges his detractors made against him are as true now as they were when he was, quite properly, denied a U.S. judgeship many decades ago. If the shoe fits, wear it. And, sadly, this “shoe” fits Sessions “like a glove.” Liz was “right on.”

Finally, DHS Secretary John Kelly will see his distinguished career in public service end in ignomany if he continues “toadying up” to the ethno-nationalist views of the Sessions-Bannon-Miller crowd on immigration enforcement. Most of the arrests, deportations, detentions, denials of asylum, and removals Sessions is touting in his haste to become the new “Immigration Czar,” actually are within the jurisdiction of DHS. But, these days, you’d hardly know that Sessions isn’t in charge of DHS enforcement as well as Justice. If Kelly isn’t careful, he’s going to develop a neck injury from constantly nodding his head to every absurd “gonzo-apocalypto” immigration enforcement initiative announced by Sessions.

PWS

04-14-17

HUFFPOST POLITICS: Despite Bannon’s Apparently Waning Influence, “Turbocharged” Sessions Will Keep “Ethno-Nationalist Agenda” Rolling At Full Speed At DOJ! Bad News For Immigrants, African-Americans, Refugees, Muslims, LBGT Individuals, Forensic Science, Innocent Defendants, Minor Offenders, Taxpayers, The U.S. Constitution, Many Women, & Social Justice In America!

http://www.huffingtonpost.com/entry/jeff-sessions-steve-bannon_us_58efb376e4b0bb9638e23542

Paul Blumenthal writes:

“No matter what Bannon’s fate, however, his strand of ethno-nationalism will live on in the Trump Justice Department under Attorney General Jeff Sessions. The 70-year-old former Alabama senator has already set the Justice Department on a new path by targeting immigrants, reining in police department reform efforts and curtailing efforts to protect voting rights.

“While many are focused on how Bannon is losing influence in the White House, those concerned with immigrant justice ― and I suspect those concerned with racial justice, police reform and voting rights, too ― are focused on the rise of a turbocharged Sessions,” Frank Sharry, executive director of the pro-immigration reform group America’s Voice, said in an email to HuffPost.

Bannon and Sessions share a long history of mutual support and policy agreement. They spent months together with Stephen Miller, a former Sessions aide who now works in the White House, plotting strategy on how to enact their shared agenda of limiting immigration to the U.S. in order to maintain a European and Christian identity. In 2016, Bannon declared Sessions “one of the intellectual, moral leaders of this populist, nationalist movement in this country.” After both moved to Trump’s administration, Bannon called Sessions the White House “clearinghouse for policy and philosophy.” Like Bannon, Sessions declares his policy objective as defeating “soulless globalism.”

. . . .

In another appearance on Bannon’s radio show, Sessions endorsed the Immigration Act of 1924, which specifically limited immigration based on race and religion, in the context of current immigration trends. “In seven years, we’ll have the highest percentage of Americans, non-native born, since the founding of the Republic,” Sessions said, while praising the 1924 law that was used to prevent Jewish immigration before and during the Holocaust.

Like Bannon, Sessions believes immigration from Middle Eastern countries poses a national security risk. He agrees that Western leaders have failed to protect their Judeo-Christian heritage by opening the door to refugees.

In one radio interview, after Bannon compared the migration of Syrian refugees to an infamous racist French book, he asked Sessions.: “Do you believe the elites in this country have the backbone, have the belief in the underlying principles of the Judeo-Christian West to actually win this war?”

“I’m worried about that,” Sessions replied.

The two nationalist Trump supporters share more than immigration policy preferences. The reversal of police reform efforts and reinvigoration of the War on Drugs pushed by Sessions as attorney general fits with Bannon’s efforts at Breitbart to label Black Lives Matter protesters as racists, while perpetuating racist stereotypes of African Americans through the site’s Black Crime section.”

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For those who hoped that President Trump’s sudden shift to more “centrist” positions on trade and foreign policy might carry over into immigration policy, dream on! Bannon might be “on the ropes,” but Sessions and Stephen Miller still have the President’s ear on their restrictionist, nationalist positions on immigration.

While badly needed, reasonable bipartisan immigration reform would be within Trump’s reach, that’s not going to happen. Buoyed by the immediate decrease in Southern Border apprehensions, Trump, Sessions, and MIller (Gen. Kelly appears to gone AWOL on immigration policy — he just parrots what Sessions and the nationalist restrictionists tell him — his stature as former General with integrity shrinks every day) intend to arrest, detain, deport, and threaten unless and until the Article III Courts stop them. And whether that will happen is still an open question.

Liz was right!

PWS

04-13-17

 

MORE TRUMPIAN DISCONNECT — THE WAR ON AMERICAN CITIZENS’ RIGHTS CONTINUES: Sessions’s DOJ “Civil Rights” Div. Sent Out To Undercut Civil Rights In Baltimore Court Case — “Unprecedented And Extraordinary” — “We Are In Uncharted Territory” — “Dissed” Citizen-Victim Left In Tears By DOJ Action — In The “World Of Sessions,” Citizens’ Constitutional Rights Take Back Seat To “Fighting Crime” — Duh, Isn’t Unwarranted/Unnecessary Police Violence A Crime, Jeff? — Liz Was “Right On!”

https://www.washingtonpost.com/local/public-safety/justice-department-expresses-skepticism-in-court-over-baltimore-police-consent-decree/2017/04/06/64d2a756-1a40-11e7-9887-1a5314b56a08_story.html

Peter Hermann and Justin Jouvenal report in the Washington Post:

“BALTIMORE — A Justice Department attorney expressed “grave concerns” Thursday about moving forward with a federal plan to make changes to this city’s police department, telling a federal judge that the Trump administration prefers that revisions be made and overseen by local government.

The hearing to gather public input on the proposed consent decree became a clash over the future of police departments, as Baltimore residents affected by police shootings and beatings forcefully pushed back against any delays.

The hearing came just days after U.S. Attorney General Jeff Sessions announced that he would have top deputies review such agreements with departments nationwide.

Sessions said he wanted to ensure the agreements align with administration priorities of promoting officer safety and morale while fighting violent crime, but advocates say the move could stymie much-needed changes to departments in the wake of high-profile police shootings of minorities in recent years.

The tension was on display Thursday, as well as an unusual role reversal — the Justice Department distanced itself from its plan negotiated by President Barack Obama’s administration, while Baltimore officials, residents and activists openly embraced it.

“Please do not delay this decree,” implored Greta Carter-Willis, whose 14-year-old son was fatally shot by a police officer several years ago. “We need to turn this police department around.”

She later broke down crying.

The consent decree follows a blistering Justice Department report that found widespread constitutional violations and discrimination in the Baltimore Police Department. The report was prompted by the 2015 death of Freddie Gray, who was fatally injured in police custody.

John Gore, the acting assistant attorney general for the civil rights division of Justice, said in court Thursday that the department wanted a 30-day delay on a decision to implement the plan “so new leadership can reanalyze and engage with the city as necessary.

Ultimately, “it is up to local communities to try and work with police to try and ensure reforms are implemented fully,” Gore said. “We have grave concerns that this consent decree is what is needed” as the means to change the police force and help fight crime.”

. . . .

Jonathan Smith, executive director of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, called the situation in Baltimore “unprecedented and extraordinary.” He said there is no precedent for a lead party to pull out after a consent decree is signed and the matter is before the court. “We are in uncharted territory.”

Smith, was in the Justice Department’s civil rights division under the Obama administration from 2010 through 2015 and negotiated a consent decree with the New Orleans Police Department.”

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The grotesque spectacle of Jeff Sessions in charge of the U.S. Department of Justice continues to get more jaw-dropping every day.

It wasn’t long ago that Senate Majority Leader Mitch “Nuke Em” McConnell (R-KY) shut down Sen. Elizabeth Warren (D-MA) while she was trying to “complete the record” on Sessions’s total unsuitability to be in charge of overseeing the delivery of justice in America and protecting the constitutional rights of all Americans (which actually includes immigrants who are entitled to constitutional due process protections). Everybody who doubted the truth of her message owes Sen. Warren a huge apology. And, those Senators who voted to confirm Sessions as AG should be ashamed.

Ever wonder how much damage one man can do the the U.S. justice system? Well, we’re finding out. And, it isn’t pretty.

PWS

04/07/17