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

BLOCKED: Federal Judge Rebuffs Trump On Sanctuary Cities –Trump/Sessions Undermine Own Position — Trump Remains Defiantly Clueless!

http://www.politico.com/story/2017/04/25/sanctuary-cities-trump-judge-blocks-237597

Josh Gerstein reports in Politico:

“A federal judge has blocked a directive from President Donald Trump seeking to deny federal funding to so-called “sanctuary cities” and other localities that decline to cooperate in enforcement of federal immigration laws.

San Francisco-based U.S. District Court Judge William Orrick issued a preliminary injunction Tuesday barring federal officials nationwide from carrying out the portion of a Jan. 25 Trump executive order aimed at cutting off grants to local governments that won’t provide assistance to federal authorities in locating and detaining undocumented immigrants.

Orrick cited public comments from Trump and Attorney General Jeff Sessions in concluding that the order appeared intended to sweep more broadly than allowed by federal law. The judge, an Obama appointee, called “not legally plausible” the Justice Department’s arguments that Trump was simply trying to secure compliance with current law.

“If there was doubt about the scope of the Order, the President and Attorney General have erased it with their public comments,” Orrick wrote. “The Constitution vests the spending power in Congress, not the President, so the Order cannot constitutionally place new conditions on federal funds.”

The White House late Tuesday condemned the ruling in harsh terms.

“Today, the rule of law suffered another blow, as an unelected judge unilaterally rewrote immigration policy for our Nation,” the press secretary’s office said in a statement, adding:

“Once again, a single district judge — this time in San Francisco — has ignored Federal immigration law to set a new immigration policy for the entire country. This decision occurred in the same sanctuary city that released the 5-time deported illegal immigrant who gunned down innocent Kate Steinle in her father’s arms. ”

The ruling is another high-profile blow to Trump’s efforts to use executive orders to carry out major policy moves— a drive his staff is highlighting as he approaches the 100-days-in-office mark. Courts have also blocked key portions of two of the president’s other immigration-related executive orders — his travel bans on citizens of several majority Muslim countries.

However, Orrick noted that his new injunction may not block much of what the Trump administration claimed in court it was trying to do through the portion of the Jan. 25 order targeting sanctuary cities. If all Trump wanted to do was cut off Justice Department grants to localities that are out of compliance with the law, he can still do that, the judge observed.

“This injunction does nothing more than implement the effect of the Government’s flawed interpretation of the Order,” Orrick wrote.

Justice Department spokesman Ian Prior did not say whether an appeal is planned, but he emphasized that the judge did not block the federal government from enforcing federal law as it now stands.

. . . .

The judge concluded that the California localities were correct to be concerned that their funding was in jeopardy and that the grants affected might be more than just the few the Justice Department said were covered by Trump’s order.

“Although Government counsel has represented that the Order will be implemented consistent with law, this assurance is undermined by Section 9(a)’s clearly unconstitutional directives. Further, through public statements, the President and Attorney General have appeared to endorse the broadest reading of the Order,” Orrick added.

“Is the Order merely a rhetorical device, as counsel suggested at the hearing, or a ‘weapon’ to defund the Counties and those who have implemented a different law enforcement strategy than the Government currently believes is desirable? The result of this schizophrenic approach to the Order is that the Counties’ worst fears are not allayed and the Counties reasonably fear enforcement under the Order,” the judge wrote.”

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The complete report, along with a link to Judge Orrick’s full opinion can be found at the above link. The case is County of Santa Clara v. Trump.

PWS

04-26-17