🏴‍☠️👎RACISM IN AMERICA: “COTTON DON’T COME TO HARLEM” —  Apparently, According to Racist GOP Sen. Tom Cotton, White Guys Can’t Jump, Work For Themselves, Or Build A Nation Without Exploiting Free Labor Of Enslaved Humans, So That’s What Makes America Great!  — America’s Vilest Senator Shows Why America Can’t Heal & Move Forward Until GOP Racist Enablers, Falsifiers, and Apologists Are Removed From All Public Offices!

Mary Papenfuss
Mary Papenfuss
Contributor
HuffPost

https://www.huffpost.com/entry/tom-cotton-interview-slavery-necessary-evil_n_5f1e4101c5b69fd4730e31ad

Sen. Tom Cotton Calls Slavery Nation’s ‘Necessary Evil’ In Shocking Interview

Slavery “was the necessary evil upon which the union was built,” the Arkansas senator said in an interview.

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By Mary Papenfuss

This is the AOL video player, press Space to toggle play and pause

Sen. Tom Cotton Calls Slavery ‘Necessary Evil’

 

  • Controversial Sen. Tom Cotton (R-Ark.) called slavery the nation’s “necessary evil” in a new interview published Sunday.
  • The senator told the Arkansas Democrat-Gazette that slavery was the evil ”upon which the union was built.”
  • He made the stunning comment while discussing how slavery should be taught in schools.
  • “We have to study the history of slavery and its role and impact on the development of our country because otherwise we can’t understand our country,” Cotton said. “As the Founding Fathers said, it was the necessary evil upon which the union was built.”
  • Cotton also noted that the “union was built in a way, as Lincoln said, to put slavery on the course to its ultimate extinction.”
  • Instead of portraying America as “an irredeemably corrupt, rotten and racist country,” the nation should be viewed “as an imperfect and flawed land, but the greatest and noblest country in the history of mankind,” he added.
  • Cotton delved into his twisted view of the history of slavery as he discussed his bill — the Saving American History Act of 2020 — that would cut off federal professional development funds from any school district that teaches a curriculum linked to the 1619 Project.
  • The 1619 Project — which refers to the year slaves were brought from Africa to colonial America — was a series of pieces by writers for the New York Times Magazine that examines the American history of slavery and its critical role in the nation’s founding.

Nikole Hannah-Jones, a Pulitzer Prize-winning Times reporter and director of the 1619 Project, blasted Cotton’s comments justifying slavery, “where it was legal to rape, torture and sell human beings for profit.” It’s “hard to imagine what cannot be justified if it is a means to an end,” she added.

. . . .

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Read the rest of Mary’s article at the link.

So, Tommy, since you believe that slavery was necessary for America’s future prosperity and “goodness,” I assume that you are in the forefront of the movement to pay hefty reparations to the modern day ancestors of those who had to suffer for your White America to achieve greatness?

Cotton almost always speaks rubbish and racist BS. This is just another prime example. Of course, there is always a choice on whether or not to abuse, exploit, torture, and kill fellow humans. 

Undoubtedly, America as we know it was built on the minds, backs, suffering, misery, and uncompensated labor of enslaved African Americans. But, there were in fact in colonial and post-colonial America many individuals of various races who had the ability to farm their own land, practice their own crafts, trades, and professions, and engage in commerce that didn’t involve trafficking in human lives or the fruits of slave labor. Slavery represented a conscious choice by White Americans, not an inevitability that was unwillingly thrust upon them.

Surely, individuals like Washington, Jefferson, Madison, Monroe, and other slave-owning founding fathers who risked it all on the unlikely chance of winning a war against the British Empire, had the knowledge, ability, and creativity to have said “no to slavery.” They just lacked the moral courage as well as the self-confidence to believe in their own abilities to earn a living without exploiting others. 

It’s sad, true, but neither “unavoidable” nor “forgivable.” Indeed, the only ones qualified to “forgive” the sins of the founders would be those no longer with us — generations of enslaved African Americans who suffered so that the White Guys in power could build a better country for themselves. 

Cotton has no legitimate place in this debate. He should shut up, get off the public dole, and  develop some useful skills that would help all Americans toward a more just, equitable, and intellectually honest future as well as an understanding of the reality of past mistakes.

I have previously characterized Cotton as one of the most vile and dangerous public figures in America, with racism, ignorance, and willful falsity in his heat and mind. He just keeps proving my case!

As I predicted, the death of true courageous American hero Congressman John Lewis (whose briefcase Cotton wasn’t qualified to hold) was met by “crocodile tears” and the usual litany of disingenuous tributes by GOP politicos (other than Trump who simply made his pathetic “condolence” as brief as it was dishonest). But, now we get a real look at how the GOP “honors” Lewis and the African American community:

  • Not extending Voting Rights protections undermined by right-wing GOP politicos serving as Supreme Court Justices;
  • Dragging their feet on coronavirus relief while Trump bobbles the national response, communities of color are disproportionately adversely affected, and the GOP instead obsesses about providing unnecessary liability protections for their business buddies who promote unsafe conditions for their workers and customers;
  • Falsely trying to blame “Black Lives Matter” for protesting a broken justice system while Trump’s misallocated “stormtroopers” fan unrest and racial tensions;
  • Pretending not to hear as Trump sows more unrest by casting doubt on whether he will leave office if and when voted out by the people.

That’s the “real GOP.” A bunch of “not so closet” racists and misogynists who are scared silly that their White privilege finally might be “on the ropes” and that the real majority could not only triumph this Fall, as they did in 2016, but this time that majority might actually get the political power denied them last time.

This November, vote every GOP candidate out of office! Under Trump, and with folks like Cotton in the wings, the GOP has become the largest threat to our national security, health, unity, prosperity, humanity, and future as a democratic republic. Vote ‘em out, for a better America!

PWS

07-27-20

☠️👎🏻KAKISTOCRACY CLOSE-UP: When He Isn’t Busy Appointing Hate Groupers To Immigration “Judgeships,” The Lies Just Keep Flowing From Billy The Biogot’s Mouth — Laura Coates Reports On His Latest Whoppers For CNN!

Laura Coates says AG Bill Barr has some explaining to do

CNN Tonight

CNN’s Laura Coates argues that Attorney General Bill Barr has some explaining to do about a number of issues surrounding him and how he runs the US Department of Justice.

Source: CNN

Watch Laura’s report here:https://www.cnn.com/videos/politics/2020/07/25/laura-coates-case-attorney-general-bill-barr-has-explaining-to-do-ctn-vpx.cnn

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Lies to Federal Courts, cover-ups, brutality, First Amendment violations, pretexts, misrepresentations, racism, it all just in a few days’s work for Billy.

The worst Attorney General in modern U.S. history, toady to the worst President in U.S. history, just keeps getting worse!

PWS

07-25-20

👍IT’S A START, BUT STILL A LONG, LONG WAY TO GO: House-Passed Bill To Begin Removing The Stain Of Trump’s White Nationalism Is Also A Long-Overdue Exposure & Put Down Of Roberts’ Court’s Abject Failure To Stand For Equal Justice For All & Against Trump’s Overtly Unconstitutional Bigotry & “Dred Scottificaton” Of The Other!  

 

https://www.washingtonpost.com/opinions/2020/07/23/house-votes-remove-moral-stain-trumps-immigration-policies/

Jason Rezaian writes in WashPost:

In 2016, presidential candidate Donald Trump pledged sweeping changes to immigration policy. As president, Trump has succeeded — despite a broad public outcry and many legal roadblocks — in implementing many of his proposed restrictions through a series of executive orders.

Now Congress is pushing back. On Wednesday the House passed the No Ban Act, legislation introduced last year by Sen Chris Coons (D-Del.) and Rep. Judy Chu (D-Calif.). The act aims to repeal Trump’s ban on arrivals from majority-Muslim countries and prevent future presidents from issuing discriminatory bans on foreign nationals or followers of specific religions.

“Throughout the history of the U.S., we’ve had a series of tragic nativist chapters in our history,” Coons told me this week. “Did I think we’d be facing another one? No. But when Donald Trump announced his candidacy, I remember thinking I am so glad I live in a country where a man like this couldn’t be president. I was wrong, and we’ve seen how damaging that has been.”

In recent months, the novel coronavirus pandemic, the associated economic downturn, and protests over police killings of African Americans have diverted public attention from Trump’s immigration policies. But they must not be forgotten.

Trump’s plans for an immigration ban have inspired widespread outrage. Some dismissed Trump’s words as empty threats, noting that they were probably unconstitutional. But Trump pressed ahead as soon as he took office.

The first iteration of what became known as the Muslim ban halted entry into the United States of citizens from seven countries, five of which are majority-Muslim.

Since then we’ve watched as immigration officials have separated kids from their parents in detention centers, with at least one of them dying in custody. The images of children in cages provoked an intense backlash and could end up costing Trump at the polls — to the extent that his policies have led his own voters, especially college-educated white Republican women, to question his xenophobic and racist policies.

. . . .

***********************************

Read the rest of Jason’s op-ed at the above link.

Somewhat like Sen. Coons, I originally thought that there would be some institutional integrity and moral courage even among the more conservative members of our Judiciary, particularly among the Supremes. After all, there have been at least a few times in our history when judges across the ideological and political spectrum have stood together against the evils of racism, religious bigotry, and hate.

It’s not like Trump, Miller, Bannon, Sessions, Ross, and their hate-mongering cronies were ever particularly subtle about their invidious intent (although, to be fair, I was at the very beginning willing to give Sessions “the benefit of the doubt,” until I saw that his assurances to the Senate were lies under oath in the face of the deep moral corruption and bigotry that infected his whole being).

Boy was I wrong! Right from the git go, even with the advantage of clear evidence of invidious intent, ridiculously transparent and overtly dishonest “pretexts,” (some publicly contradicted by Trump in mid-stream) and the vast majority of lower Federal Court Judges pointing the way with cogent opinions standing up to the Trump charade and endless parade of hate, the Supremes majority tanked. Where the rights of “the other” particularly Muslims and persons color are concerned, they fully embraced Trump’s unconstitutional and tyrannical program of hate and bias thinly disguised as legitimate exercises of Executive Power.  They became willing “Dred Scottifiers!”

Perhaps just as seriously, the Supremes’ “normalized” demonstrable lies, false narratives, and dishonesty as attributes that were to be expected and tolerated from our Chief Executive. What a crock! Ordinary persons are held to basic standards of honesty and candor when dealing with the Government and with Government tribunals. But the President is above it all. While, later on, the Supremes fecklessly claimed that “nobody is above the law,” their actions have shown a disturbing and intellectually dishonest unwillingness to require Trump and his regime to comply with the basics of the rule of law and to act with even a minimal level of candor and honesty.

We can’t vote the “JR Five” out of their lifetime sinecures. But, our democracy does enable us to take the actions necessary to insure that folks like the “JR Five” and other Federal Judges who embrace racism, bigotry, and political corruption over the “equal justice and real due process for all persons” required by our Constitution are not selected to serve in the future in positions requiring legal experiences and moral qualifications that they so obviously lack.

Better judges for a better America. This November, vote like the future of humanity depends on it. Because it does!

 

Due Process Forever!

 

PWS

 

07-23-20

 

 

🏴‍☠️☠️👎🏻🤮CONSTITUTION IN RUINS: Egged On By Feckless Supremes, Trump Rolls Out Another Racist Attack On Our Constitution & Our Nation By Declaring Undocumented Residents “Non-Persons!” — The “Dred Scottification” Of People Of Color By Trump & His Supremes Continues To Bear Ugly Fruit! 

https://www.huffpost.com/entry/trump-executive-order-immigrants-redistricting_n_5f1709e0c5b615860bb7f415

The Constitution says the congressional apportionment should be based on the “whole number of persons” in each state. But the president wants to change that.

Reuters, By Alexandra Alper & Nick Brown

WASHINGTON (Reuters) – President Donald Trump on Tuesday signed a memorandum that would prevent migrants who are in the United States illegally from being counted when U.S. congressional voting districts are redrawn in the next round of redistricting.

U.S. Census experts and lawyers say the action is legally dubious. In theory, it would benefit Trump’s Republican Party by eliminating the largely non-white population of migrants in the U.S. illegally, creating voting districts that skew more Caucasian.

. . . .

***************************

Read the full article at the link.

The Supremes allowed Trump to rewrite the immigration and refugee laws without benefit of legislation.

They allowed him to abrogate the due process clause of our Constitution for persons of color who had the bad fortune to be asylum seekers or immigrants.

They allowed the GOP to revise the Constitution and abrogate the Voting Rights Act to make it more difficult for minorities to vote and to insure that their votes counted for less than their White counterparts.

Now, empowered by Supreme complicity, Trump is going for yet another “do it yourself” Constitutional rewrite.

We have only ourselves to blame for allowing unqualified Justices like the “JR Five” to gain control of our highest Court — what was supposed to be our “final bastion” against Executive tyranny, but has instead become an enabler of “Dred Scottification” — that is “de-humanization” of large segments of our population — disproportionately people of color. Another term used for the Supremes’ majority’s defective performance in the face of Trump’s lawlessness is “Constitutional Castration” (assuming, arguendo, that the Constitution is “male”). Either way, it’s an ugly process.

It’s worth noting that enslaved Africans Americans, those originally subjected to “Dred Scottification,” and still feeling the adverse effects of the Supremes “renewal” of the concept, were counted for “3/5 of a person” under the original Constitution. Undocumented individuals, according to Trump, count for zero, even though they have consistently been counted in the past.

Of course the difference is that the original “3/5 rule” was designed to benefit the racists of the post-colonial South. The “new zero rule” is intended to benefit GOP racists of today.

The “Census case” actually went to the Supremes once. It’s the one where Wilbur Ross perjured himself. Rather than earning disbarment for the DOJ Attorneys who brought that mess before the Court and sanctions against the Administration, Trump got only a mild rebuke from Roberts. Heck, some Justices actually voted in favor of the regime’s racist inspired fraud!

In the process of soft-peddling the Administration’s gross misconduct and intellectual dishonesty, the Supremes’ majority also engaged in a largely fictional “historical analysis” deemed by commentators from the Brennan Center to be “preposterous.” 

https://www.theatlantic.com/ideas/archive/2019/07/citizenship-questions-are-not-historically-normal/593014/

That’s strong language. But, actually, it comes to mind frequently with respect to the Roberts’ Court’s various attempts to defeat equal justice and diminish the humanity of non-white -populations under our laws.

This latest Trump memo makes it crystal clear that the original subterfuge for the “citizenship question” — that it was necessary to enforce civil rights laws — utterly laughable — was a complete fraud on the Court. But, don’t expect that exercise of bad faith (“death” to any private party before the Supremes) to make any difference to Trumpian Justices who long ago sold out nation and our Constitution along with their own humanity and integrity.  

This latest systemic failure by all three branches could well leave future Congressional apportionments and elections in chaos. 

A better America for all requires better, more intellectually honest and morally courageous Justices who stand for the Constitution and against racism in all forms, be it promoted by the Executive, Congress, or their fellow judges. Unhappily, we’re a long way from there right now!

Due Process Forever! 

PWS

07-21-20

REP. JOHN LEWIS, GIANT AMERICAN HERO IN AN AGE OF LILLIPUTIANS: 1940-2020 

John Lewis
Congressman John Lewis (D-GA)
American Hero
1940-2020

By NY Times Editorial Board:

https://www.nytimes.com/2020/07/17/opinion/john-lewis.html

Representative John Lewis, who died Friday at age 80, will be remembered as a principal hero of the blood-drenched era not so long ago when Black people in the South were being shot, blown up or driven from their homes for seeking basic human rights. The moral authority Mr. Lewis exercised in the House of Representatives — while representing Georgia’s Fifth Congressional District for more than 30 years — found its headwaters in the aggressive yet self-sacrificial style of protests that he and his compatriots in the Student Nonviolent Coordinating Committee deployed in the early 1960s as part of the campaign that overthrew Southern apartheid.

These young demonstrators chose to underscore the barbaric nature of racism by placing themselves at risk of being shot, gassed or clubbed to death during protests that challenged the Southern practice of shutting Black people out of the polls and “white only” restaurants, and confining them to “colored only” seating on public conveyances. When arrested, S.N.C.C. members sometimes refused bail, dramatizing injustice and withholding financial support from a racist criminal justice system.

This young cohort conspicuously ignored members of the civil rights establishment who urged them to patiently pursue remedies through the courts. Among the out-of-touch elder statesmen was the distinguished civil rights attorney Thurgood Marshall, who was on the verge of becoming the nation’s first Black Supreme Court justice when he argued that young activists were wrong to continue the dangerous Freedom Rides of early 1961, in which interracial groups rode buses into the Deep South to test a Supreme Court ruling that had outlawed segregation in interstate transport.

Mr. Marshall condemned the Freedom Rides as a wasted effort that would only get people killed. But in the mind of Mr. Lewis, the depredations that Black Americans were experiencing at the time were too pressing a matter to be left to a slow judicial process and a handful of attorneys in a closed courtroom. By attacking Jim Crow publicly in the heart of the Deep South, the young activists in particular were animating a broad mass movement in a bid to awaken Americans generally to the inhumanity of Southern apartheid. Mr. Lewis came away from the encounter with Mr. Marshall understanding that the mass revolt brewing in the South was as much a battle against the complacency of the civil rights establishment as against racism itself.

On “Redemptive Suffering”

By his early 20s, Mr. Lewis had embraced a form of nonviolent protest grounded in the principle of “redemptive suffering”— a term he learned from the Rev. James Lawson, who had studied the style of nonviolent resistance that the Indian leader Mahatma Gandhi had put into play during British colonial rule. The principle reminded Mr. Lewis of his religious upbringing and of a prayer his mother had often recited.

In his memoir “Walking With the Wind,” written with Michael D’Orso, Mr. Lewis explains that there was “something in the very essence of anguish that is liberating, cleansing, redemptive,” adding that suffering “touches and changes those around us as well. It opens us and those around us to a force beyond ourselves, a force that is right and moral, the force of righteous truth that is at the basis of human conscience.”

The essence of the nonviolent life, he wrote, is the capacity to forgive — “even as a person is cursing you to your face, even as he is spitting on you, or pushing a lit cigarette into your neck” — and to understand that your attacker is as much a victim as you are. At bottom, this philosophy rested upon the belief that people of good will — “the Beloved Community,” as Mr. Lewis called them — would rouse themselves to combat evil and injustice.

Mr. Lewis carried these beliefs into the Freedom Rides. The travelers described their departing meal at a Chinese restaurant in Washington as “The Last Supper.” Several of the participants had actually written out wills, consistent with the realization that they might never make it home. No one wanted to die, but it was understood that a willingness to do so was essential to the quest for justice.

The Ku Klux Klan did its best to secure such a sacrificial outcome. It firebombed a bus at Anniston, Ala., and tried unsuccessfully to burn the Freedom Riders alive by holding the exit doors shut. “Walking With the Wind” describes the especially harrowing episode that unfolded on the Freedom Ride bus on which he arrived in Montgomery, Ala.

The terminal seemed nearly deserted, he writes, but “then, out of nowhere, from every direction, came people. White people. Men, women and children. Dozens of them. Hundreds of them. Out of alleys, out of side streets, around the corners of office buildings, they emerged from everywhere, from all directions, all at once, as if they’d been let out of a gate . … They carried every makeshift weapon imaginable. Baseball bats, wooden boards, bricks, chains, tire irons, pipes, even garden tools — hoes and rakes. One group had women in front, their faces twisted in anger, screaming, ‘Git them niggers, GIT them niggers!’ … And now they turned to us, this sea of people, more than three hundred of them, shouting and screaming, men swinging fists and weapons, women swinging heavy purses, little children clawing with their fingernails at the faces of anyone they could reach.”

Mr. Lewis’s fellow Freedom Riders tried in vain to escape the mob by scaling trees and terminal walls. “It was madness. It was unbelievable,” Mr. Lewis recalled “… I could see Jim Zwerg now, being horribly beaten. Someone picked up his suitcase, which he had dropped, and swung it full force against his head. Another man then lifted Jim’s head and held it between his knees while others, including women and children, hit and scratched at Jim’s face. His eyes were shut. He was unconscious …. At that instant I felt a thud against my head. I could feel my knees collapse and then nothing. Everything turned white for an instant, then black.”

“Burn Jim Crow to the Ground”

Mr. Lewis clashed again with the elder statesmen of the movement when they prevailed on him to tone down a speech he was about to give at the March on Washington in 1963. Thrown out were the harshest criticisms of the John F. Kennedy administration’s civil rights bill as well as a fiery passage threatening that the movement would “march through the South, through the heart of Dixie, the way Sherman did. We shall pursue our own scorched earth policy and burn Jim Crow to the ground — nonviolently.”

Yet even the softened speech was radical for the context. At a time when civil rights leaders were commonly referring to African-Americans as Negroes, the Lewis speech used the term Black: “In the Delta of Mississippi, in Southwest Georgia, in the Black Belt of Alabama, in Harlem, in Chicago, Detroit, Philadelphia and all over this nation the Black masses are on a march for jobs and freedom.”

To the dismay of many, the 23-year-old Mr. Lewis described the movement as “a revolution,” appealing to all who listened “to get into this great revolution that is sweeping this nation. Get in and stay in the streets of every city, every village and hamlet of this nation until true freedom comes, until a revolution is complete. We must get in this revolution and complete the revolution.”

Mr. Lewis carried his faith in the power of nonviolence into the fateful Selma, Ala., voting rights demonstration — in March of 1965 — that was soon named Bloody Sunday to commemorate the vicious attack that state troopers waged on peaceful marchers. Mr. Lewis suffered a fractured skull and was one 58 people treated for injuries at a hospital.

The worldwide demonstrations that followed the brutal police killing of George Floyd underscored the extent to which many people need visual evidence to grow outraged over injustice that is perpetrated all the time outside the camera’s eye.

A television broadcast of the violence meted out by the police on Bloody Sunday worked in the same way. It generated national outrage and provided a graphic example of the need for the Voting Rights Act, which was signed into law that summer.

The linchpin part of the law required certain states and parts of states to seek federal permission before changing voting rules. This seemed almost a godsend to the civil rights cohort and at least a partial repayment for the lives of the many men and women who had died in pursuit of voting rights.

Soon after the Supreme Court crippled the act in 2013, states began unveiling measures limiting ballot access. At the time of the decision, Mr. Lewis wrote that the court had “stuck a dagger into the heart” of a hard-won and still necessary law. With his customary eloquence, he urged Congress to restore the Voting Rights Act, describing the right to vote as “almost sacred” and “the most powerful nonviolent tool we have in a democracy.”

The passing of John Lewis deprives the United States of its foremost warrior in a battle for racial justice that stretches back into the 19th century and the passage of the 14th and 15th Amendments. Americans — and particularly his colleagues in Congress — can best honor his memory by picking up where he left off.

***********************

With an overtly racist President, an ineffective Congress where progress is blocked by a GOP that embraces and furthers racism, a Supreme Court that doesn’t believe in equal justice for all, actively undermines civil rights, and disenfranchises voters, and GOP-controlled states that have used the moral and intellectual failures of all of the foregoing to roll back voting access for people of color, America has actually backtracked on Congressman Lewis’s vision. 

Who is big enough to fill Congressman Lewis’s shoes and lead America to a better future? Certainly not the moral and intellectual Lilliputians in the White House, the GOP, and the “JR Five” on the Supremes.

In the process of veneration, a “sanitized” version of Lewis’s life and legacy has already appeared. GOP politicos who have spent a lifetime working against everything Lewis stood for will issue the obligatory disingenuous condolences. 

We shouldn’t forget the real John Lewis. The man who called Trump’s presidency “illegitimate” for the git go, even when other Democrats refused to go there. 

He also spoke forcefully and passionately for Trump’s impeachment:

“When you see something that is not right, not just, not fair, you have a moral obligation to say something, do something,” the civil rights icon said. “Our children and their children will ask us: ‘What did you do? What did you say?’”

https://www.huffpost.com/entry/john-lewis-dies_n_5e095e32e4b0b2520d179a3f

We should remember that Lewis’s GOP colleagues (but for Sen. Mitt Romney) “honored” him by voting unanimously against the overwhelming weight of the evidence and against conviction and removal of the corrupt, racist, unqualified President who, as Lewis had previously said, never should have been in office in the first place. Thousands of Americans and numerous refugees and others have subsequently been killed or suffered traumatic harm as a result of Trump’s continuing “malicious incompetence” in office.

The real questions that our children and grandchildren will ask is: What did YOU do to honor the legacy of John Lewis and other true American heroes by removing Trump and the GOP from office and insuring that such racists and a party that promotes racism will never be empowered to infect American governance again? 

That struggle has just begun, and victory is neither assured nor easy. Yet, without turning Lewis’s words into actions and insuring that those who refuse to honor the Constitutional requirement of voting rights and equal justice for all are never again allowed to infiltrate and destroy our institutions of Government, Lewis’s vision of an America that finally provides “liberty and justice for all” will remain unfulfilled. And, that will be a true national tragedy!

This November, vote like your life and John Lewis’s legacy depend on it! Because they do!

PWS

07-18-20

🏴‍☠️☠️🤮⚰️👎🏻AMERICAN INJUSTICE: A COURT SUPREMELY WRONG FOR OUR TIME: Justices Who Oppose Equal Justice For All, View Refugees & Asylum Seekers As Subhuman, Are Incapable Of Consistent Moral Leadership, & Willingly Participate In & Hollowly Attempt To Justify The Bullying Of “The Other” Are Fueling America’s Race To The Bottom Under Trump! — “They believe these people do not deserve an iota of sympathy, let alone due process. That is already how many border agents viewed these immigrants: not as humans with rights, but as fraudulent parasites. The Supreme Court has now transformed that vision into law—and, in the process, allowed the executive to send more persecuted people to their deaths without even a meaningful day in court.”

https://slate.com/news-and-politics/2020/06/supreme-court-asylum-deportations-thuraissigiam.html

From Slate:

JURISPRUDENCE

The Supreme Court Doesn’t See Asylum-Seekers as People — One week after saving DACA, the high court proved that its sympathies for immigrants seeking better lives are limited.

By DAHLIA LITHWICK and MARK JOSEPH STERN

JUNE 25, 20203:35 PM

Last Thursday, the Supreme Court saved more than 700,000 immigrants from the Trump administration’s nativist buzz saw. The court ensured that these immigrants, who were brought to the United States by their undocumented parents as children, would continue to be protected by an Obama administration policy called Deferred Action for Childhood Arrivals, sparing them from deportation to countries many could not even remember. The court split 5–4, with Chief Justice John Roberts throwing his lot in with the liberals to find that Donald Trump’s rescission of DACA had been unlawful—largely because it had been carelessly effectuated, defended pretextually, but also because hundreds of thousands of young people had altered their lives in reliance on the promise that they would be immune from deportation.

In a key section of the majority opinion, Roberts highlighted the humanity of these young undocumented people, as was the hopes and dreams of their families: “Since 2012, DACA recipients have enrolled in degree programs, embarked on careers, started businesses, purchased homes, and even married and had children, all in reliance” on DACA, Roberts wrote, quoting from briefs in the case. “The consequences of the rescission … would ‘radiate outward’ to DACA recipients’ families, including their 200,000 U.S.-citizen children, to the schools where DACA recipients study and teach, and to the employers who have invested time and money in training them.” The chief justice evinced frustration that the Trump administration seemingly took none of those very human interests into account.

One week later, on Thursday morning, the high court proved that its sympathies for immigrants seeking better lives are limited. In a 7–2 ruling, the justices approved the Trump administration’s draconian interpretation of a federal law that limits courts’ ability to review deportation orders. This time around, the court did not note immigrants’ contributions to the nation or acknowledge their humanity in any way. Having last week treated one class of immigrants like actual people, the court on Thursday pivoted back to callous cruelty. All of the chief justice’s kind words about DACA recipients seemingly do not apply to immigrants who—according to the executive branch—do not deserve asylum.

Thursday’s case, Department of Homeland Security v. Thuraissigiam, involves an asylum-seeker from Sri Lanka named Vijayakumar Thuraissigiam who faces likely death if he is deported because he is Tamil. Thuraissigiam was apprehended by the U.S. Border Patrol while trying to cross at the southern border in 2017. After an asylum officer and immigration judge rejected his claims, Thuraissigiam was slated for “expedited removal.” Federal law bars courts from reviewing that deportation order. But the 9th U.S. Circuit Court of Appeals found the law unconstitutional as applied to Thuraissigiam under the Constitution’s suspension clause, which limits the government’s ability to restrict habeas corpus—the centuries-old right to contest detention before a judge.

At the Trump administration’s request, the Supreme Court reversed the 9th Circuit, with Justice Samuel Alito writing a maximalist majority opinion for the five conservatives and Justices Stephen Breyer and Ruth Bader Ginsburg proffering a narrower concurrence. Justice Sonia Sotomayor penned a lengthy, vivid dissent joined by Justice Elena Kagan that accused the majority of flouting more than a century of precedent and “purg[ing] an entire class of legal challenges to executive detention.” (In his own opinion, Alito dismissed Sotomayor’s criticisms as mere “rhetoric.”)

This outcome strips due process from immigrants seeking asylum, who now have even fewer rights to a fair adjudicatory process under an expedited system that already afforded them minimal protections. It will also embolden the Trump administration to speed up deportations for thousands of people with no judicial oversight. Under this now court-approved system, immigrants fleeing their home country must undergo a “credible fear” interview, at which they must explain to a federal officer why they qualify for asylum. (The Trump administration has allowed Customs and Border Protection agents—not trained asylum officers—to conduct credible fear interviews.) If the officer finds no “credible fear of persecution,” their supervisor reviews the determination, as does an immigration judge (who is not a traditional judge but rather an employee of the executive branch appointed by the attorney general). If these individuals find no credible fear, the immigrant is thrown into “expedited removal”—that is, swiftly deported in a matter of weeks. They may not contest the government’s “credible fear” determination before a federal court. It is this extreme rule that Thuraissigiam challenged as a violation of habeas corpus and due process.

Alito breezily dismissed Thuraissigiam’s individual claims by stripping a broad swath of constitutional rights from unauthorized immigrants. First, he declared that habeas corpus does not protect an immigrant’s ability to fight illegal deportation orders. Sotomayor fiercely contested this claim, citing an “entrenched line of cases” demonstrating that habeas has long protected the right of individuals—including immigrants—to challenge illegal executive actions in court. Second, Alito held that unauthorized immigrants who are already physically present in the United States have not actually “entered the country.” Thus, they have no due process right to challenge the government’s asylum determination. Sotomayor noted that this holding departs from more than a century of precedent by imposing distinctions drawn by modern immigration laws on the ancient guarantee of due process.

Alito not only waved away these galling consequences; he seemed to laugh at them.

The upshot of the decision will mean almost certain death for Thuraissigiam and others like him. Thuraissigiam faced brutal persecution in Sri Lanka, a fact Alito did not seem to understand at oral arguments. Various officials in the executive branch shrugged off that persecution. Thuraissigiam just wants an opportunity to prove to a federal judge that these officials violated the law by denying his asylum claim. Now, thanks to the Supreme Court, he cannot. Nor can the many immigrants thrown into expedited removal by the Trump administration, which has used the process as a tool to speed up deportations across the country. Just two days ago, a federal appeals court cleared the way for the government to expand expedited removal beyond immigrants intercepted near the border to those apprehended anywhere in the nation. The administration has shown little interest in carefully considering whom it’s deporting; now many of those decisions will be rubber-stamped by executive officers and left unscrutinized by the federal judiciary.

Alito not only waved away these galling consequences; he seemed to laugh at them. Not for a moment does he appear to believe that asylum-seekers may be genuinely in fear for their lives. Among the many bon mots dropped by Alito in his opinion, he wrote: “While [Thuraissigiam] does not claim an entitlement to release, the Government is happy to release him—provided the release occurs in the cabin of a plane bound for Sri Lanka.” Given that Thuraissigiam claims he will likely be tortured to death if he is sent back to Sri Lanka, it’s not clear that line means what he thinks it does. Throughout the opinion Alito refers to Thuraissigiam as either “alien” or “respondent” and appears simply incapable of imagining that his claims are truthful.

RECENTLY IN JURISPRUDENCE

It’s easy to miss the massive erosion of asylum-seekers’ rights in the victory last week around the triumph of DACA. But in some ways, it’s the most American outcome in the world to view DACA beneficiaries as more human because they have gone to school here and birthed children here, while scoffing at asylum-seekers, who, as part of a lengthy tradition under both constitutional and international law, simply ask the U.S. government to save their lives. Roberts, who seemed so attuned to the hardships of DACA recipients, joined Alito’s merciless opinion in full; in fact, the chief justice assigned the opinion to Alito, who has become the court’s staunchest crusader against immigrants’ rights.

The court’s split shows that a majority of justices think immigrants like Thuraissigiam are not the productive young people of the DACA case, with financial and familial ties to all that makes America great, but rather faceless masses cynically manipulating America’s generous asylum policy and overwhelming its immigration system. They believe these people do not deserve an iota of sympathy, let alone due process. That is already how many border agents viewed these immigrants: not as humans with rights, but as fraudulent parasites. The Supreme Court has now transformed that vision into law—and, in the process, allowed the executive to send more persecuted people to their deaths without even a meaningful day in court.

Support our independent journalism

 

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Imposing death sentences without fair hearings, or indeed any real hearings at all, is bad stuff. And, Justices who justify this behavior should not be on the bench at all.

Sadly, that applies just as much to the two so-called “liberal icons” who voted with Alito and four other sneering colleagues who seemed to actually glory in being able to dehumanize another soul with the audacity to fight for his life. Frankly, this stuff is right out of the Third Reich. Read a few of the German Judiciary’s opinions of the time and see how quickly, easily, naturally, and often happily Reich jurists “justified the unjustifiable and the unthinkable.”  I have no doubt that Sam Alito and some of his colleagues would have fit right in. How has American Justice gotten to this incredible “low point.”

I don’t know exactly what we can do about life-tenured judges who are unqualified for their jobs. Life tenure is there for a reason — to insure judicial independence overall, even in particular instances like this where it clearly does no such thing. And, with 200+ largely unqualified Trump appointees now on the Federal Bench, essentially “young deadwood,” the problem will get worse before it gets better.

The first step is to replace Trump and oust the GOP from the Senate. Then, methodically appoint only judges committed to equal justice for all, willing to stand up against abuses of justice by both the Executive and the Congress, and whose life experiences and legal work show an unswerving commitment to human rights and the rights of migrants to be treated as persons (fellow humans) under law.

It’s a national disgrace that with immigration and human rights the major issues clogging today’s Federal Courts, few, if any, Federal Judges have any experience representing asylum seekers in the Star Chambers known as “Immigration Courts” nor have they personally experienced the type of dehumanization, racism, torture, grotesque abuses, and unnecessary cruelty that they so unnecessarily, uncourageously, and glibly inflict on migrants and asylum seekers who indeed are the most vulnerable among us. If immigration and human rights are the pivotal issues of American justice, then we need to get Justices and judges on the bench who understand what they are doing and the dire human consequences of their actions (or inactions). 

The situation of today’s asylum seekers of color is not much different from that of others Americans of color whose legal and Constitutional rights were denied, and whose humanity was intentionally degraded, by a corrupt judiciary and a legal system that intentionally failed to make Constitutonal equal justice for all a reality rather than a cruel fiction .

A nation that doesn’t demand better judges will never rise above its own mistakes and failures. And a Federal Judiciary that so obviously and intentionally lacks diversity and humanity can never properly serve the national interest. 

Ditch the clueless, largely white, male “dudocracy” with their Ivy League degrees and not much else to offer. Appoint judges schooled in real life, who know what the law means in human terms and will use it to solve, rather than aggravate, inflame, or avoid, human problems! There are tons of such lawyers out there. We all know them. We need them to move from the “bullpen” to the Federal Benches, before it’s too late for everyone in America!

Folks, what we have here is “judicially-approved murder without trial.” It could also be called “extrajudicial killing.” Ugly, but brutally true! “The upshot of the decision will mean almost certain death for Thuraissigiam and others like him.” We should understand what’s happening, even if seven disingenuous and unqualified members of our highest court claim not to know or care what they are doing and refuse to acknowledge the real life consequences of their deep, dark, and disturbing intellectual corruption and their studied lack of human compassion, empathy, and decency.

Vote ‘Em Out, Vote ‘Em Out! It’s a Start On A Better Court, For America & For Humanity!

PWS

06-28-20

🏴‍☠️☠️NO, IT’S NOT “JUST ENFORCING THE LAW” AS ALBENCE & THE DHS FALSELY CLAIM — THE TRUMP ADMINISTRATION’S INTENTIONALLY CRUEL, STUPID, WASTEFUL, IMMORAL, & ENTIRELY COUNTERPRODUCTIVE DEPORTATION POLICIES ARE “CRIMES AGAINST HUMANITY” — We All Are Demeaned & Reduced As Human Beings By Allowing Trump’s DHS & His DOJ to Get Away With This!

 

Julia Preston
Julia Preston
American Journalist
The Marshall Project

https://www.themarshallproject.org/2020/06/22/the-true-costs-of-deportation

 

Julia Preston reports for The Marshall Project:

The True Costs of Deportation
When immigrant parents of American children are expelled, the lives of their loved ones can fall apart. Here are the stories of three families who faced financial ruin, mental health crises—and even death.
By JULIA PRESTON

Before her husband was deported, Seleste Hernandez was paying taxes and credit card bills. She was earning her way and liking it.
But after her husband, Pedro, was forced to return to Mexico, her family lost his income from a job at a commercial greenhouse. Seleste had to quit her nursing aide position, staying home to care for her severely disabled son. Now she is trapped, grieving for a faraway spouse and relying on public assistance just to scrape by.
She went, in her eyes, from paying taxes to depending on taxpayers. “I’m back to feeling worthless,” she says.
This story was published in partnership with The Guardian.
Across the country, hundreds of thousands of American families are coping with anguish compounded by steep financial decline after a spouse’s or parent’s deportation, a more enduring form of family separation than President Trump’s policy that took children from parents at the border.
Trump has broadened the targets of deportation to include many immigrants with no serious criminal records. While the benefits to communities from these removals are unclear, the costs—to devastated American families and to the public purse—are coming into focus. The hardships for the families have only deepened with the economic strains of the coronavirus.
A new Marshall Project analysis with the Center for Migration Studies found that just under 6.1 million American citizen children live in households with at least one undocumented family member vulnerable to deportation—and household incomes drop by nearly half after deportation.
About 331,900 American children have a parent who has legal protection under DACA, or Deferred Action for Childhood Arrivals, the program that shields immigrants who came here as children. After the Supreme Court ruled on Thursday that Trump’s cancellation of the DACA program was unlawful, those families still have protection from deportation. But the court’s decision allows the president to try to cancel the program again. The debate cast light on the larger population of 10.7 million undocumented immigrants who have made lives in the country, raising pressure on Congress to open a path to permanent legal status for all of them.
We examined the impact of the wrenching losses after deportation and the potential costs to American taxpayers of expelling immigrants who are parents or spouses of citizens.
After an immigrant breadwinner is gone, many families that once were self-sufficient must rely on social welfare programs to survive. With the trauma of a banished parent, some children fail in schools or require expensive medical and mental health care. As family savings are depleted, American children struggle financially to stay in school or attend college.
Three families in northeastern Ohio, a region where Trump’s deportations have taken a heavy toll, show the high price of these expulsions.

. . . .

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Read the rest of Julia’s article at the link.

This isn’t the first time in American history that invidious racially-motivated enforcement of bad laws has been used to dehumanize or abuse “the other” while hiding behind transparently fake law enforcement pretexts. Poll taxes anyone?

A straightforward reading of our Constitution says that removing parents of U.S. citizens and breadwinners of American families without compelling reasons for doing so (lacking in these cases) is unreasonable and therefore a violation of Due Process. It’s time to stop doing the immoral and unconstitutional! And it’s past time to insure that public officials like Albence who promote and defend these assaults on humanity are removed from power.

The current institutions of Government have initiated, carried out, or failed to stop these illegal actions. Disappointing, but perhaps not surprising, considering that the nation, by minority vote, enabled a scofflaw White Nationalist regime in 2016.

But, voters still have the political power to oust the abusers of humanity and purveyors of racially-motivated lies and false narratives, and to insist on long-overdue changes to the system to make due process (reasonability), fundamental fairness, and equality under the law a reality for the first time in U.S. history, rather than continuing to be the Constitution’s intentionally unfulfilled promises.

Due Process Forever!

PWS

06-24-20

LIGHT IN A TIME OF DARKNESS: Humanity & Law in America Probably Had Their Two Best Moments  (LGBTQ Rights & DACA) in Three Years Of Trump’s Darkness — Chief Justice John Roberts Made It Happen — How His  Decision to Stand Up For Dreamers & The Rule of Law Against Trump’s Inhumanity, Cruelty, & Lawlessness is Already Making A Difference in The Lives of American Young People Across Our Broken Nation!

John Roberts
Chief Justice John Roberts
Theresa Vargas
Theresa Vargas
Reporter
Washington Post

https://www.washingtonpost.com/local/behind-defund-the-police-and-abolish-ice-is-a-shared-hope-that-more-dads-make-it-home/2020/06/20/a8c0969a-b28a-11ea-8f56-63f38c990077_story.html

Theresa Vargas reports for WashPost:

By Theresa Vargas

June 20 at 10:30 AM ET

Angel Romero was about 8 years old when his bus rides home from school changed.

His family was living in Prince William County in Virginia at the time, and the elementary school student didn’t understand much about the agreement the county had entered into with U.S. Immigration and Customs Enforcement. He knew only that some of his classmates had arrived home after school and found their parents gone.

“I started worrying if I would have parents when I came home,” he recalls.

On those bus rides home, he would sit with his anxiety until his bus came to his stop.

Some days, he would see his mom and dad standing there, and feel immediate relief that they hadn’t been deported. Other days, his mother would wait alone, because his father had to work at his construction job, and the boy would carry his fears with him until his dad walked in the door.

“It would be really scary not knowing if he was at work — or somewhere else,” the now 21-year-old tells me when we talk on a recent morning. “There is still that subconscious fear that has stuck with me. It’s never gone away.”

In the past week, Romero has been able to celebrate on a personal level two nationally recognized victories: Prince William County’s decision to not renew its 287(g) agreement with ICE and a Supreme Court ruling that blocks President Trump’s attempt to end the Deferred Action for Childhood Arrivals (DACA) program that offers protections to immigrants who were brought to the country as children.

[[Large Virginia county ends immigration enforcement agreement]]

Romero, who is a DACA recipient, stood in front of the Supreme Court on the day that decision was made. At one point, he took a knee and raised a fist in the air. A line of people, who, like him, had worked with the immigrant advocacy group CASA toward that moment, did the same.

It’s a posture that has been seen over and over again in recent weeks as streets across the country have filled with people protesting police brutality and other racial inequities. The push to “Defund the Police,” which has grown from those protests, may seem a distant fight from the effort to “Abolish ICE,” which immigrant rights groups have demanded, but many of the activists who are on the front lines right now, pushing for change, see the two as connected. They see them as two cries in the same battle.

What “Defund the Police” and “Abolish ICE” share is an acknowledgment that bad law enforcement practices, no matter what the badge looks like, unjustly separate families. They leave children not knowing whether their dads (or moms) will make it home, not because of what they did that day, but because of who they are.

Both also directly affect black immigrants.

In rallies that took place before the Prince William County decision, brown hands held white signs declaring “Black Lives Matter.” And in the hours after the Supreme Court decision, black activists called for an end to how the country enforces immigration. The system, which has seen in-custody deaths of adults and children, criminalizes people for entering the country while not providing clear paths to citizenship.

“These movements should be very linked, and I believe they are getting more and more linked as we are fighting together,” says Luis Aguilar, the Virginia state director for CASA. He is a DACA recipient and has spent years working toward seeing Prince William County end its agreement with ICE.

He is also Afro-Mexican. His dad comes from a region of Mexico where runaway slaves settled.

“When I see things like what happened to George Floyd, it goes beyond the personal,” the 33-year-old says of the police-custody killing that has sparked weeks of protests. “It goes to a space where you start thinking about why these things are happening, and you realize that currently society isn’t in a place where it truly respects each person as a human being.”

Aguilar was 15 and living in Falls Church when his father was deported.

“I would not want any other child to experience the results of a broken immigration system,” he says. “I think we owe it to society to fix the system.”

The decision by Prince William lawmakers not to renew its agreement with ICE when it expires at the end of the month received a blip of attention compared with the Supreme Court decision. But it is a significant development for the Washington region. That program changed the county. It created a hostile atmosphere, and not just for undocumented immigrants. It forced Latino families to leave the county and some to avoid calling the police, even when they needed help.

I know this not only from studies that have been conducted over the years, but also from personal observation.

When I came to The Washington Post, it wasn’t as a columnist. I was hired to cover the Prince William County Police Department. I had been in that job less than a year when county lawmakers approved 287(g), which gave law enforcement officials some of the same powers as immigration enforcement agents. They did that despite hearing concerns from the police department that it would erode community trust, prevent immigrants from reporting crimes and require a whole lot of money.

When Corey Stewart was running for a Senate seat, I wrote about what I saw and experienced after the crackdown happened — including how a man yelled at me, “Go back to your country!” — to show the intangible ways in which it failed the community. (And for those who want to point to it as a solution to crime, Prince William Police Chief Barry M. Barnard was recently quoted as saying, “I’m not seeing any hard data where the 287 program has been shown to be the direct cause of any measurable crime reduction.”)

Instead, it left people feeling scared and targeted — and it did that to residents who weren’t even out of elementary school yet.

Angel Romero says for him, “that moment just changed everything.”

“It changed my personality,” he says. “I used to be a really talkative kid, and I had like a switch, where I became very closed off and introverted.”

. . . .

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Sophie Bolich
Sophie Bolich
Reporter
Madison.com (WI)

https://madison.com/news/local/govt-and-politics/an-amazing-feeling-of-relief-immigrant-community-cheers-daca-ruling/article_3d3a943b-ef1c-5228-aa44-af5bba8b347f.html?utm_source=BadgerBeat&utm_medium=referral&utm_campaign=News%20Alerts

Sophie Bolich reports for the Madison.com:

When Sharet Garcia heard the U.S. Supreme Court decided to uphold the Deferred Action for Childhood Arrivals program, all she could do was cry.

“I just couldn’t believe it,” she said.

As a DACA recipient and founder of the online networking space UndocuProfessionals, Garcia said that the decision came as a shock. “We’re very excited, of course, and very happy…but at the same time, we know there’s still a lot of work to be done,” she said.

In the year since its creation, UndocuProfessionals has garnered a nationwide following. In the past months, it has become a gathering space for DACA recipients — also called DREAMers — to find support through the uncertainty of the approaching decision.

Garcia said she stayed awake into the early hours Thursday morning answering messages from other DREAMers who were anxiously awaiting the results.

“I was there trying to support them in the best way I can,” she said.

The Supreme Court’s 5-4 decision, which came after months of anticipation, ruled that the Trump administration improperly ended the DACA program in 2017. The announcement left DREAMers and their loved ones with “an amazing feeling of relief,” said Centro Hispano director Karen Menendez Coller.

It was the second defeat this week for the Trump administration, coming just days after the court ruled in favor of anti-discrimination protection for LGBTQIA+ employees under the 1964 Civil Rights Act.

“The emotional impact is huge,” Menendez Coller said. “I can’t even describe the burden that this has lifted from so many people in the community.”

Anticipating the court’s decision against the backdrop of the pandemic, she added, was “an incredible load to carry,” noting the financial impact as well as the daily emotional turmoil that DREAMers face.

“You kind of have to put [the worry] at the back of your mind and ignore it,” said a Madison-area DACA recipient, who asked to remain anonymous. At the same time, she said, the thought was always lurking. “At any moment, had the outcome been negative, your whole world is going to change.”

She added that while many people weren’t hopeful about the decision, she was.

“There’s a lot more opportunities that people have had now for eight years,” she said, noting that, since the program’s 2012 inception, DREAMers have started small businesses, graduated college and worked for big companies.

“I think that that’s a big reason why I was like, maybe they’ll think twice about it. And thankfully they did.”

Though she counts the decision as a win, Menendez Collar said that the path to equity is “a long road.” Centro Hispano plans to continue mobilizing and raising funds to assist DREAMers and the undocumented community. They plan to collaborate with the Immigration Office of Affairs and increase the Immigrant Assistance Fund, which is housed at the Madison Community Foundation and helps DREAMers access legal help and cover fees associated with filing DACA applications.

. . . .

********************

Read the rest of Theresa’s and Sophie’s articles at the respective links above.

Imagine how many lives could be saved and changed for the better and how great America could become as a nation if Chief Justice Roberts and all other Federal Judges could find it within themselves to stand up for the legal, human, and Constitutional rights of refugees, asylum applicants, and migrants in every case challenging the Administration’s systemic, lawless, and invidiously motivated attacks on our legal system and the lives and humanity of the most vulnerable among us?

And, special thanks to Theresa and Sophie for reporting that puts humanity back in the law where it belongs. Without mercy, humanity, fairness, and decency, there can be neither law nor true justice.

Due Process Forever!

PWS

06-21-20

👍🏼GOOD NEWS: FINALLY, SUPREMES DEAL DOUBLE DEFEAT TO TRUMP REGIME BIGOTS — High Court Thwarts Latest Attacks on America’s Latino, LGBTQ Communities! 

David G. Savage
David G. Savage
Staff Writer
LA Tomes

SESSIONS’S SCOFFLAW ANTI-SANCTUARY CAMPAIGN ENDS IGNOMINIOUSLY WITH WELL-DESERVED BEATDOWN BY COURTS

David G. Savage reports for the LA Times:

https://www.latimes.com/politics/story/2020-06-15/supreme-court-rejects-trumps-challenge-to-california-sanctuary-law

In major victory for California, Supreme Court rejects Trump’s challenge to state sanctuary law

The U.S. Supreme Court’s action is a major victory for California in its long-running battle with President Trump. (Associated Press)

By DAVID G. SAVAGESTAFF WRITER

JUNE 15, 20206:42 AM UPDATED8:03 AM

WASHINGTON —  The Supreme Court on Monday refused to hear the Trump administration’s challenge to a California “sanctuary” law, leaving intact rules that prohibit law enforcement officials from aiding federal agents in taking custody of immigrants as they are released from jail.

Only Justices Clarence Thomas and Samuel A. Alito Jr. voted to hear the administration’s appeal.

The court’s action is a major victory for California in its long-running battle with President Trump.

At issue was a clash between federal power and states’ rights.

. . . .

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Ryan Grenoble
Ryan Grenoble
National Reporter
HuffPost

SESSIONS-HATCHED ATTACK ON CIVIL RIGHTS & HUMANITY OF AMERICA’S LGBTQ COMMUNITY GOES DOWN IN FLAMES

https://www.huffpost.com/entry/scotus-lgbtq-transgender-decision_n_5ebefe48c5b6299362046713

Ryan Grenoble reports for HuffPost:

The Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protects LGBTQ employees from being discriminated against on the basis of sexual orientation or gender identity.

The court on Monday issued opinions on two major decisions with far-reaching implications for the civil rights of transgender and LGBTQ individuals.

It was a 6-3 ruling, with Chief Justice John Roberts and Justice Neil Gorsuch joining the four liberal justices in the majority.

Writing for the majority, Gorsuch argued that discrimination on the basis of sexual orientation or gender identity is fundamentally no different than discrimination based on sex.

“An individual’s homosexuality or transgender status is not relevant to employment decisions,” Gorsuch wrote. “That’s because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”

“We agree that homosexuality and transgender status are distinct concepts from sex,” he added later. “But, as we’ve seen, discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.”

The rulings rest on a pair of arguments the court heard in October in which justices considered whether Title VII of the Civil Rights Act of 1964, the federal law that prohibits workplace discrimination, applies to LGBTQ and transgender workers.

. . . .

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Read the rest of both articles at their respective links. So, at least for a day, justice rules in America, despite the efforts of the Trump regime kakistocracy to promote bigotry and intolerance.

In simple terms, this regime and its corrupt officials have consistently promoted acts of invidious discrimination, bias, and hate toward various American communities. It’s hardly any wonder that our nation is dealing with the traumatic effects of such government malfeasance on so many fronts. When you put a kakistocracy in charge, malicious incompetence, abuses, and unrest are naturally going to follow.

It’s beyond disgusting that homophobic, anti-Latino bigots like Trump, Sessions, Whitaker, Barr, Miller, and Francisco have wasted the public’s money, what little credibility to DOJ had left, and the Federal Courts’ time launching baseless legal attacks intended to spread the hate and dehumanization directed against some of America’s must vulnerable communities. Actually, these are communities that the Department of Justice should be working to protect, not persecute. But, don’t expect much real improvement until this scofflaw regime is removed from power. 

This November, vote like your life depends on it! Because it does!

PWS

06-15-20

KAKISTOCRACY KORNER:  Catherine Rampell @ WashPost Shows How Regime’s Maliciously Incompetent White Nationalist Stupidity @ USCIS Has Bankrupted Once-Profitable Agency! PLUS: Once Again, Failed Supremes Big Part of The Problem! — What’s The Purpose of A Court That Promotes Injustice And Fails To Resist Evil?

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/trump-is-so-set-on-harassing-immigrants-that-his-immigration-agency-needs-a-bailout/2020/06/11/52c2ae06-ac1b-11ea-9063-e69bd6520940_story.html

Catherine writes:

The immigration agency admonishing immigrants to pull themselves up by their bootstraps seems to have destroyed its own boots.

For three years, U.S. Citizenship and Immigration Services — the federal agency that processes visas, work permits and naturalizations — has lectured immigrants about how they should become more self-sufficient. It has alleged, without evidence, that too many immigrants are on the dole. (Actually, immigrants pay more in taxes than they receive in federal benefits, and the foreign-born use fewer federal benefits than do their native-born counterparts.)

The agency implemented a broad, and likely illegal, rule allegedly designed to weed out immigrants who might ever be tempted to become a “public charge” and try to benefit from taxpayer largesse.

Well, now USCIS is broke — and is trying to become a “public charge” itself, by begging Congress for a bailout.

The agency is funded almost entirely by user fees, rather than congressional appropriations. But under President Trump’s leadership, it has mismanaged its finances so badly that it has sought an emergency $1.2 billion infusion from taxpayers.

Unless it get a bailout, the agency will furlough three-quarters of its workforce next month, Government Executive reported Thursday.

The agency claims it’s a novel coronavirus victim. No doubt, the covid-19 pandemic has disrupted operations. But USCIS was in financial trouble long before the virus’s outbreak.

[[Full coverage of the coronavirus pandemic]]

It acknowledged as much in public documents last fall, when it proposed a massive increase in user fees because of large projected budget deficits.

It didn’t have to be this way. When Trump took office, USCIS inherited a budget surplus. Last year, the agency saw record highs in both revenue and revenue per user.

So what went wrong?

The administration has frittered away funds on phantom cases of immigration fraud — which, like the president’s allegations of voter fraud, it has struggled to prove is an actual widespread problem that’s been going undetected.

USCIS has siphoned resources to create a denaturalization task force, which strips citizenship from immigrants found to have lied or otherwise cheated on applications. Last year, the agency revealed intentions to double the size of its fraud detection unit.

The bigger drain on resources, though, is its deliberate creation of more busy work for immigrants and their lawyers — as well as thousands of USCIS employees. These changes are designed to make it harder for people to apply for, receive or retain lawful immigration status.

For instance, the agency has demanded more unnecessary documentation (“requests for evidence”) and more duplicative, mandatory in-person interviews. Previously, staffers had more discretion to determine whether these interviews were necessary.

Staffers have been directed to comb through applications looking for minor (frivolous) reasons to reject otherwise eligible applicants.

. . . .

The American Immigration Lawyers Association and the American Immigration Council offer a few obvious suggestions, including eliminating some of the stupid processing requirements that raise costs for both applicants and USCIS without actually adding value. Other ways to reduce costs include holding virtual naturalization oath ceremonies and allowing electronic payments for everything.

Congress could also demand the agency raise more money on its own, without gouging, say, poor asylum seekers. For instance, it could expand the cash cow known as “premium processing” (faster processing, for a fee) to more types of its applications.

Finally, get rid of the “public charge” rule. It’s a perfect example of everything that got USCIS into this mess: an expensive-to-administer — and, again, likely illegal — solution in search of a problem, whose only purpose is to punish immigrants just trying to follow the law.

*****************

Read the rest of Catherine’s article at the link.

Wow, what a terrific analysis! The “problems” were self-created by a regime with an irrational, White Nationalist, racist agenda. The solutions are actually quite obvious and readily available, as Catherine points out. But, they won’t happen until Trump is removed from office.

Catherine also raises a larger problem in America’s abject failure to insist on constitutionally-required social justice for everyone, regardless of color, status, or ethnicity. Stephen Miller’s racist changes in the public charge regulations never should have happened. It’s not rocket science. It’s Con Law 101, Administrative Law 101, with a dose of common sense and human decency thrown in.

In fact, the lower Federal Courts spotted the “racist stink-bomb” in Miller’s idiotic public charge changes right from the “git go” and  properly stopped the change in its tracks. But, a GOP Supremes’ majority improperly granted Solicitor General Francisco’s unethical and blatantly disingenuous request for a stay of the injunction, providing no reasoning for their outrageous conduct. Four Justices dissented, led by Justice Sotomayor who lodged a vigorous dissent exposing the unlawful favoritism shown by her GOP colleagues to the Trump/Miller racist immigration agenda. https://immigrationcourtside.com/2020/02/22/complicity-watch-justice-sonia-sotomayor-calls-out-men-in-black-for-perverting-rules-to-advance-trump-miller-white-nationalist-nativist-immigration-agenda/

The current racial crisis, failure to achieve Constitutionally-required equal justice for all, and perhaps worst of all pandering to obviously fabricated pretexts for the Trump regime’s racist agenda, particularly as it has targeted asylum seekers and migrants of color, can be laid to no small degree at the feet of five GOP-appointed Supreme Court Justices disgracefully led by our failed Chief Justice.

They have failed to achieve and enforce equal justice for all because they don’t believe in what our Constitution requires. Millions of individuals who are neither lawyers nor judges know exactly what our Constitution requires and what morality and simple human decency mandates. It’s the exact opposite of what Trump stands for.

But, a Supremes’ majority that neither believes in Constitutional due process and equal justice for all nor possesses the guts and human decency to stand up to an overtly racist President and his toadies will continue to be part of the problem, rather than the solution to the blatant injustices that currently plague our society.

I’m certainly not the only former judge to recognize the intellectual dishonesty and moral corruption at the heart of today’s failed Supremes!

https://immigrationcourtside.com/2020/03/12/u-s-district-judge-lynn-s-adelman-channels-courtside-blasts-roberts-company-for-aiding-the-forces-seeking-to-destroy-our-democracy-instead-of-doing-w/

America needs and deserves better Justices who believe in and stand up for equal justice. Our Supremes’ institutional failure isn’t an exercise in legal academics or legitimate intellectual differences of opinion, like the majority often pretends. 

No, bad judging injures, maims, and kills people every day. It undermines the health and safety of America every day. It allows baby jails and star chambers to flourish in our midst. It allows the illegal return of refugees to the dangerous countries they fled without any process at all, let alone “due” process. In enables corrupt Government officials to propose an outrageously unlawful, malicious, bogus, misogynist, and evil “administrative repeal” of asylum accompanied by a battery of racist-inspired lies because they know there is no legal accountability for their reprehensible conduct so long as the J.R. Five is there to protect their misdeeds. It allows police officers to act believing they won’t be held accountable for killing George Floyd.

It’s no wonder that democracy is crumbling before our eyes when the majority of Justices charged with protecting it place loyalty to a political party and its immoral, unqualified leader, perhaps the greatest threat to our democracy and the rule of law in our history, above the common good.

Due Process Forever. Complicit, Racism-Enabling Courts, Never!

PWS

 06-12-20

EX-US JUDGE UNLOADS TRUTH IN USDC FILING ABOUT BILLY BARR’S ATTEMPT TO SUBVERT JUSTICE BY UNDOING FLYNN PROSECUTION: Corrupt, Dishonest, Unethical, Unprofessional – DOJ’s Request to Dismiss Flynn Prosecution is “Preposterous” – Our Police Departments Aren’t The Only Part of Our Foundering, Rudderless, & Disturbingly Ineffective, Racially & Morally “Tone-Deaf” Justice System That Needs Substantial & Meaningful Reform!        

Pete Williams
Pete Williams
Justice Correspondent
NBC News

https://www.nbcnews.com/politics/justice-department/preposterous-court-appointed-lawyer-michael-flynn-case-slams-doj-attempt-n1229336

 

Pete Williams reports for NBC News:

 

WASHINGTON — The retired judge appointed to act as a friend of the court in the Michael Flynn case strongly urged the court Wednesday not to let the Justice Department abandon the prosecution.

In a scorching 83-page submission, John Gleeson said the government’s move to drop the case was “riddled with inexplicable and elementary errors of law and fact,” which were contradicted by the positions it has taken in other false statement cases and by its own previous court filings about Flynn’s conduct as well as his decisions to plead guilty twice.

“Even recognizing that the Government is entitled to deference in assessing the strength of its case, these claims are not credible,” the retired judge wrote. “Indeed, they are preposterous. For starters — and most unusually — they are directly and decisively disproven by the Government’s own briefs filed just months ago in this very proceeding.”

Gleeson said judges must ordinarily defer to the wishes of the Justice Department about whether to pursue a prosecution, but not when the motives of the government are suspect. In Flynn’s case, the government’s move to dismiss the case “is based solely on the fact that Flynn is an ally of President Trump.”

Federal District Court Judge Emmet Sullivan of Washington appointed Gleeson to submit arguments about why the government should not be allowed to drop the case, so that Sullivan could consider both sides.

The appointment came after the Justice Department last month asked the judge to dismiss the case, having determined that even if Flynn lied to FBI agents in early 2017 about his phone calls with Russia’s ambassador to the U.S., his lies were not “material” to any investigation and did not, therefore, violate the false statement law at the heart of his case.

Flynn told the FBI that he did talk to Ambassador Sergey Kislyak during the Trump transition but denied that they talked about Russia’s response to the latest Obama sanctions or about a forthcoming UN vote. He later admitted that both those statements were untrue.

Those statements, Gleeson said, were clearly important to the FBI’s investigation into potential connections between the Trump campaign and the Russian government.

“It is hard to conceive of a more material false statement than this one,” Gleeson said.

Gleeson said without any firm legal basis for wanting to drop the case, the only other reason must be Flynn’s relationship with Trump. Wednesday’s brief noted that the president tweeted or re-tweeted about Flynn at least 100 times since March 2017.

Clearly the president is personally invested in ensuring that Flynn’s prosecution ends, Gleeson said, adding, “Everything about this irregular.”

. . . .

**************************************

Read the rest of Pete’s article at the link.

Add this to the absolute legal, ethical, constitutional, and management disaster going in in the U.S. Immigration Courts under Barr’s “maliciously incompetent” management, and the case for removing him from office is overwhelming. Won’t happen. But, it should!

Actually, filing a “preposterous motion” backed by clearly untrue assertions is a clear violation of an attorney’s role as an “officer of the court” owing “candor to the tribunal.” If Barr were a private practitioner, it would likely earn him a referral to his state bar authorities for possible discipline or license revocation.

But, in Federal Courts these days the “undue deference” and unfairly favorable treatment of DOJ attorneys continues. It has actually been institutionalized, and even unjustly rewarded, by the Supremes. Talk about encouraging worst practices and highlighting “negative role models!”

The whole ethical debacle of the Trump Administration DOJ and the overall feckless performance of our Federal Courts, particularly the Supremes and certain Circuit Courts of Appeals, at halting clear Executive abuses and requiring honesty and professionalism (including rejecting racist or religiously bigoted agendas) from the Federal Government before tribunals cries out for a serious re-examination of: 1) who should be sitting on the Federal Bench; 2) what ethical standards they should be held to; and 3) the undue favoritism and leniency traditionally shown by Federal Courts to Government lawyers engaging in misrepresentations, sloppy work, promoting pretexts for overtly racist agendas, and constantly using dilatory litigation tactics intended to punish individual litigants for asserting their legal rights.

The last three years have shown that better Federal Judges and much more courageous, effective judicial leadership committed to guaranteeing due process and fairness for all is absolutely necessary for our nation to achieve “equal justice under law.” The current sorry state of the Article III Judiciary shows that police departments are not the only part of our broken justice system that needs reform and some “different faces” to achieve equal justice under law. As a nation, we can’t achieve social and racial justice with the gang that promoted, enabled, and in some cases even encouraged injustice in charge. And, that goes for all three failed branches of our Federal Government.

George Floyd’s death should never have happened; nor should families be separated, kids put in cages, legal asylum applicants told to rot in Mexico, and Billy Barr be allowed to operate unconstitutional “Star Chambers” masquerading as “courts” (when they are nothing of the sort). The problems in our justice system go much deeper than the Minneapolis Police Department!

Yes, they can be solved! But, not without some new faces, new approaches, and some progressive thinking and input from all of society, particularly our younger generations! You have to believe in equal justice to achieve equal justice! We can’t get there with the current gang of “non-believers” in charge and promoting their failed, and all too often overtly or covertly racially biased, agendas.

Due Process Forever!

This November, vote like your life depends on it! Because it does!

PWS

06-11-20

 

 

AMERICA’S FLAILING & FAILING JUDICIARY: ACHIEVING “EQUAL JUSTICE FOR ALL” REQUIRES COURAGEOUS AND EMPATHETIC JUDICIAL LEADERSHIP — Don’t Expect It From A Supremes’ Majority Firmly Wedded to Promoting “Dred-Scottification” (De-Humanization) of “The Other!”

Linda Greenhouse
Linda Greenhouse
Contributing Opinion Writer
NY Times

https://www.nytimes.com/2020/06/04/opinion/sunday/supreme-court-religion-coronavirus.html

Linda Greenhouse writes in The NY Times: 

The Supreme Court made the indisputably right call last week when it refused to block California from limiting attendance at religious services in an effort to control the spread of Covid-19.

A Southern California church, represented by a Chicago-based organization, the Thomas More Society, which most often defends anti-abortion activists, had sought the justices’ intervention with the argument that by limiting worshipers to the lesser of 25 percent of building capacity or 100 people, while setting a 50 percent occupancy cap on retail stores, California was discriminating against religion in violation of the Constitution’s Free Exercise Clause.

Given the obvious difference between walking through a store and sitting among fellow worshipers for an hour or more, as well as the documented spread of the virus through church attendance in such places as Sacramento (71 cases), Seattle (32 cases) and South Korea (over 5,000 cases traced to one person at a religious service), California’s limits are both sensitive and sensible, hardly the basis for constitutional outrage or judicial second-guessing.

So why did the court’s order, issued as midnight approached on Friday night, fill me with dread rather than relief?

It was because in a ruling that should have been unanimous, the vote was 5 to 4. And it was because of who the four dissenters were: the four most conservative justices, two of them appointed by the president who a couple of months ago was demanding that churches be allowed to open by Easter and who, even before the murder of George Floyd in Minneapolis, was openly encouraging protests in the capitals of states not reopening as quickly as he would like.

As an astonished country witnessed on Monday night, as he held a Bible in front of a church near the White House after demonstrators were violently cleared from his path, Donald Trump is using religion as a cultural wedge to deflect attention from the consequences of his own ineptitude. The recognition that four Supreme Court justices — Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh — would have invoked the court’s power to undermine fact-based public policy in the name of a misbegotten claim of religious discrimination was beyond depressing. It was terrifying.

Does that sound like an overstatement? Take a look at Justice Kavanaugh’s dissenting opinion. “California’s latest safety guidelines discriminate against places of worship and in favor of comparable secular businesses,” he wrote. “Such discrimination violates the First Amendment.”

It’s interesting that while Justices Gorsuch and Thomas signed Justice Kavanaugh’s opinion, Justice Alito did not. Perhaps he’s just too good a lawyer to subscribe to the flimsy analysis underlying this opinion. Fair enough, but he evidently couldn’t be bothered to explain his own dissenting vote. And no less than his fellow dissenters, he obviously inhaled the unfounded claim of religious discrimination that the president has injected into an atmosphere already saturated with polarizing rhetoric.

. . . .

*********************

Read the rest of Linda’s op-ed at the above link.

This is just a symptom of an ongoing cancer at the Court. Cases like Hawaii v. Trump (“greenlighting” arbitrary and capricious punishment of refugees, Muslims, certain immigrants based on clearly pretextual “security grounds”), Wolf v. Innovation Law Lab (“Let ‘Em Die in Mexico!” Particularly when they are “only” Central American asylum seekers), and Wolf v. Cook County (final greenlighting of Stephen Miller’s racist scheme to deny health care and spread deadly fears in American Hispanic communities) should all have been 9-0 in favor of those opposing Trump’s racially-biased, illegal, unconstitutional policies. 

Additionally, Trump Toady Solicitor General Noel Francisco should have been strongly cautioned against continuing to bend the ethical codes with largely fabricated “emergencies” intended to interfere with the normal functioning of the Federal Courts.

Instead, the Supremes’ majority gave the regime totally undeserved, immoral victories in all three cases. As a result, many innocent individuals were denied rights, forced into life-threatening conditions, and some even died. The  Supremes’ inflicted damage on society at large. They assisted in trampling social justice and human rights. They grotesquely perverted and “turned on its head” the concept of “irreparable harm.” They indelibly and irreparably damaged their reputation and our system of justice.

In the meantime, the message to Francisco and the rest of his human rights denying scofflaw crowd over at the DOJ is clear: Justice is dead, courage has fled, you’re in charge. 

Unhappily, by most accounts, the tone-deaf and disconnected Supremes’ majority might be on the cusp of throwing more gasoline on the fires of social justice, at the worst possible time for our nation. If, as expected, they endorse the regime’s intentionally cruel, illegal, dishonest, and racially charged scheme to,”shaft” Dreamers   — some of our finest young people, many of whom are “essential workers” — it’s likely to spark more justified outrage and further protests!

So certain are the regime’s White Nationalists that they have the “J.R. Five” in their pocket that they reportedly already are planning to use these American youths as “hostages” to demand even further immigration restrictions as “ransom” from House Dems. The Dems are unlikely to bite, so Dreamers will be left to “twist in the wind” pending the results of the election.

The Supreme Court majority has been hand selected by the GOP to insure that a minority, anti-democratic ideology, often willfully devoid of humanity and historical awareness, will continue to exercise disproportionate influence over the U.S. legal system for years, perhaps decades, to come. 

We can’t change the past. But, a better “appointing authority” will be a start of long overdue change and “pushback” from the forces and institutions of democracy, humanity, and racial justice to restore integrity to our highest Court that, in actuality, now functions more like the lowest denominator and an instigator of racial and institutional injustice in our hurting nation. 

Due Process Forever! Complicit Courts Never!

PWS

06-06-20

JAMELLE BOUIE @ NYT: The Police & Often The Misuse of a “Bogus Rule of Law” (when used to allow the empowered to run roughshod over the legal and human rights of “the other”) Are Long-Standing Roadblocks to a Fair & Just Society —“The simplest answer to the question ‘Why don’t the American police forces act as if they are accountable to black Americans?’ is that they were never intended to be.”

Jamelle Bouie
Jamelle Bouie
Columnist
NY Times

Jamelle writes in the NYT:

https://www.nytimes.com/2020/06/05/opinion/police-riots.html?action=click&module=Opinion&pgtype=Homepage

The Police Are Rioting. We Need to Talk About It.

It is an attack on civil society and democratic accountability.

By Jamelle BouieJune 5, 2020

If we’re going to speak of rioting protesters, then we need to speak of rioting police as well. No, they aren’t destroying property. But it is clear from news coverage, as well as countless videos taken by protesters and bystanders, that many officers are using often indiscriminate violence against people — against anyone, including the peaceful majority of demonstrators, who happens to be in the streets.

Rioting police have driven vehicles into crowds, reproducing the assault that killed Heather Heyer in Charlottesville, Va., in 2017. They have surrounded a car, smashed the windows, tazed the occupants and dragged them out onto the ground. Clad in paramilitary gear, they have attacked elderly bystanders, pepper-sprayed cooperative protesters and shot “nonlethal” rounds directly at reporters, causing serious injuries. In Austin, Texas, a 20-year-old man is in critical condition after being shot in the head with a “less-lethal” round. Across the country, rioting police are using tear gas in quantities that threaten the health and safety of demonstrators, especially in the midst of a respiratory disease pandemic.

None of this quells disorder. Everything from the militaristic posture to the attacks themselves does more to inflame and agitate protesters than it does to calm the situation and bring order to the streets. In effect, rioting police have done as much to stoke unrest and destabilize the situation as those responsible for damaged buildings and burning cars. But where rioting protesters can be held to account for destruction and violence, rioting police have the imprimatur of the state.

What we’ve seen from rioting police, in other words, is an assertion of power and impunity. In the face of mass anger over police brutality, they’ve effectively said So what? In the face of demands for change and reform — in short, in the face of accountability to the public they’re supposed to serve — they’ve bucked their more conciliatory colleagues with a firm No. In which case, if we want to understand the behavior of the past two weeks, we can’t just treat it as an explosion of wanton violence; we have to treat it as an attack on civil society and democratic accountability, one rooted in a dispute over who has the right to hold the police to account.

Jamelle Bouie’s Newsletter: Discover overlooked writing from around the internet, and get exclusive thoughts, photos and reading recommendations from Jamelle.

African-American observers have never had any illusions about who the police are meant to serve. The police, James Baldwin wrote in his 1960 essay on discontent and unrest in Harlem, “represent the force of the white world, and that world’s real intentions are simply for that world’s criminal profit and ease, to keep the black man corralled up here in his place.” This wasn’t because each individual officer was a bad person, but because he was fundamentally separate from the black community as a matter of history and culture. “None of the police commissioner’s men, even with the best will in the world, have any way of understanding the lives led by the people they swagger about in twos and threes controlling.”

Go back to the beginning of the 20th century, during America’s first age of progressive reform, as the historian Khalil Gibran Muhammad does in “The Condemnation of Blackness: Race, Crime, and the Making of Modern Urban America,” and you’ll find activists describing how “policemen had abdicated their responsibility to dispense color-blind service and protection, resulting in an object lesson for youth: the indiscriminate mass arrests of blacks being attacked by white mobs.”

The police were ubiquitous in the African-American neighborhoods of the urban North, but they weren’t there to protect black residents as much as they were there to enforce the racial order, even if it led to actual disorder in the streets. For example, in the aftermath of the Philadelphia “race riot” of 1918, one black leader complained, “In nearly every part of this city peaceable and law-abiding Negroes of the home-owning type have been set upon by irresponsible hoodlums, their property damaged and destroyed, while the police seem powerless to protect.”

If you are trying to understand the function of policing in American society, then even a cursory glance at the history of the institution would point you in the direction of social control. And blackness in particular, the historian Nikhil Pal Singh argues, was a state of being that required “permanent supervision and sometimes direct domination.”

The simplest answer to the question “Why don’t the American police forces act as if they are accountable to black Americans?” is that they were never intended to be. And to the extent that the police appear to be rejecting accountability outright, I think it reflects the extent to which the polity demanding it is now inclusive of those groups the police have historically been tasked to control. That polity and its leaders are simply rejected as legitimate wielders of authority over law enforcement, especially when they ask for restraint.

. . . .

**********************

Read the rest of Jamelle’s op-ed at the above link.

Truth is, we have the legal tools to do things like prosecute police misconduct, honor the human and civil rights of African Americans, overcome the years of unfair and discriminatory treatment of African Americans in education, employment, and leadership, promote community cooperation to allow each individual to reach maximum levels of contribution and enjoyment, correct the due process and bias flaws in court systems, tax more rationally and equitably, grant asylum to refugees we are now unfairly and illegally turning away, end inhumane and counterproductive “civil” detention, stop putting disproportionate numbers of minority communities in jail and prison, and end “Dred Scottification” of the other.

What we lack is 1) the honest, courageous, humane, and wise public officials necessary to make the laws and existing tools work; 2) the political will to get those types of officials into the correct offices.

I don’t know how much it would cost. But, whatever it is, we need to invest in it. And some “ready funds” could be made available if we stop building unneeded walls, detention centers, prisons, separating kids, and wasting legal and judicial resources fighting  against the institutional fascism and tyranny of the Trump regime.

This November, vote like your life depends on it! Because it does!

PWS

06-07-20

GEORGE PACKER @ THE ATLANTIC: With Failed Institutions & Lousy Leaders, Including a President Leading the Charge to the Bottom, America Faces An Uncertain Future — “A responsible establishment doesn’t exist. Our president is one of the rioters.” — Joe Biden & The Dems Could Be The Last, Best Hope For American Democracy & Real Progress Toward “Equal Justice For All!”

George Packer
George Packer
American Journalist, Author, Playwright

https://apple.news/A-6795FCPQU6LRBMW1_nzvw

Packer writes in The Atlantic:

IDEAS

Shouting Into the Institutional Void

Demonstrators are hammering on a hollowed-out structure, and it very well may collapse.

The urban unrest of the mid-to-late 1960s was more intense than the days and nights of protest since George Floyd was murdered by a Minneapolis policeman. More people died then, more buildings were gutted, more businesses were ransacked. But those years had one advantage over the present. America was coming apart at the seams, but it still had seams. The streets were filled with demonstrators raging against the “system,” but there was still a system to tear down. Its institutions were basically intact. A few leaders, in and outside government, even exercised some moral authority.

In July 1967, immediately after the riots in Newark and Detroit, President Lyndon B. Johnson created a commission to study the causes and prevention of urban unrest. The Kerner Commission—named for its chairman, Governor Otto Kerner Jr. of Illinois—was an emblem of its moment. It didn’t look the way it would today. Just two of the 11 members were black (Roy Wilkins, the leader of the NAACP, and Edward Brooke, a Republican senator from Massachusetts); only one was a woman. The commission was also bipartisan, including a couple of liberal Republicans, a conservative congressman from Ohio with a strong commitment to civil rights, and representatives from business and labor. It reflected a society that was deeply unjust but still in possession of the tools of self-correction.

The commission’s report, written by the executive director, David Ginsburg, an establishment liberal lawyer of New Deal vintage, appeared at the end of February 1968. It became an instant million-copy best seller. Its language is bracing by the standards of any era: “What white Americans have never fully understood—but what the Negro can never forget—is that white society is deeply implicated in the ghetto. White institutions created it, white institutions maintain it, and white society condones it.” The report called for far-reaching policy reforms in housing, employment, education, and policing, to stop the country from becoming “two societies, one black, one white—separate and unequal.”

[Anne Applebaum: History will judge the complicit]

It was too much for Johnson, who resented not being credited for his efforts to achieve civil rights and eradicate poverty, and whose presidency had just been engulfed by the Tet Offensive in South Vietnam. He shelved the report. A few weeks later, on the evening of April 4, Martin Luther King Jr. was killed in Memphis. The next night, Johnson—who had just announced that he wouldn’t run for reelection—spoke to a country whose cities were burning from coast to coast. “It is the fiber and the fabric of the republic that’s being tested,” he said. “If we are to have the America that we mean to have, all men of all races, all regions, all religions must stand their ground to deny violence its victory in this sorrowful time, and in all times to come. Last evening, after receiving the terrible news of Dr. King’s death, my heart went out to his family and to his people, especially to the young Americans who I know must sometimes wonder if they are to be denied a fullness of life because of the color of their skin.” To an aide, he was more blunt in assessing the uprising: “What did you expect? I don’t know why we’re surprised. When you put your foot on a man’s neck and hold him down for 300 years, and then you let him up, what’s he going to do? He’s going to knock your block off.”

King’s murder and the riots it sparked propelled Congress to pass, by an overwhelming and bipartisan margin, the decade’s last major piece of civil-rights legislation, the Civil Rights Act of 1968, which enforced fair standards in housing. Johnson signed it on April 11. It was too late. The very best reports, laws, and presidential speeches couldn’t contain the anger in the streets. That year, 1968, was when reform was overwhelmed by radicalization on the left and reaction on the right. We still live in the aftermath. The language and ideas of the Kerner Report have haunted the years since—a reminder of a missed chance.

The difference between 1968 and 2020 is the difference between a society that failed to solve its biggest problem and a society that no longer has the means to try. A year before his death, King, still insisting on nonviolent resistance, called riots “the language of the unheard.” The phrase implies that someone could be made to hear, and possibly answer. What’s happening today doesn’t feel the same. The protesters aren’t speaking to leaders who might listen, or to a power structure that might yield, except perhaps the structure of white power, which is too vast and diffuse to respond. Congress isn’t preparing a bill to address root causes; Congress no longer even tries to solve problems. No president, least of all this one, could assemble a commission of respected figures from different sectors and parties to study the problem of police brutality and produce a best-selling report with a consensus for fundamental change. A responsible establishment doesn’t exist. Our president is one of the rioters.

After half a century of social dissolution, of polarization by class and race and region and politics, there are no functioning institutions or leaders to fail us with their inadequate response to the moment’s urgency. Levers of influence no longer connect to sources of power. Democratic protections—the eyes of a free press, the impartiality of the law, elected officials acting out of conscience or self-interest—have lost public trust. The protesters are railing against a society that isn’t cohesive enough to summon a response. They’re hammering on a hollowed-out structure, and it very well may collapse.

[James Fallows: Is this the worst year in modern American history?]

If 2020 were at all like 1968, the president would go on national television and speak as the leader of all Americans to try to calm a rattled country in a tumultuous time. But the Trump administration hasn’t answered the unrest like an embattled democracy trying to reestablish legitimacy. Its reflex is that of an autocracy—a display of strength that actually reveals weakness, emptiness. Trump’s short walk from the White House to St. John’s Episcopal Church had all the trappings of a strongman trying to show that he was still master of the country amid reports that he’d taken refuge in a bunker: the phalanx of armored guards surrounding him as he strutted out of the presidential palace; the tear gas and beatings that cleared his path of demonstrators and journalists; the presence of his daughter, who had come up with the idea, and his top general, wearing combat fatigues as if to signal that the army would defend the regime against the people, and his top justice official, who had given the order to raid the square.

William Barr has reacted to the killing of George Floyd like the head of a secret-police force rather than the attorney general of a democratic republic. His first act was not to order a federal investigation into the Minneapolis Police Department, but—as he’s done before—to rush out ahead of the facts and try to control public opinion, by announcing that the violence following Floyd’s death was the work of left-wing agitators. Streets of the nation’s capital are now blocked by security forces from Barr’s Department of Justice—many from the Federal Bureau of Prisons—wearing uniforms that make them impossible to identify, like paramilitary troops with unknown commanders.

The protests have to be understood in the context of this institutional void. They resemble the spontaneous mass cry of a people suffering under dictatorship more than the organized projection of public opinion aimed at an accountable government. They signify that democratic politics has stopped working. They are both utopian and desperate.

[Read: The double standard of the American riot]

Some public figures—politicians, policy experts, civic leaders—have come forward with proposals for changing the mindset and tactics of the police. Terrence Floyd, the brother of the murdered man, urged protesters to educate themselves and vote. But the overwhelming message of the protests is simply “end racism,” which would be a large step toward ending evil itself. The protesters are demanding an absolute, as if they’ve stopped expecting the state to produce anything that falls a little short. For white protesters—who are joining demonstrations on behalf of black freedom and equality in large numbers for the first time since Selma, Alabama, 55 years ago—this demand means ending an evil that lies within themselves. It would be another sign of a hollow democracy if the main energy in the afterglow of the protests goes into small-group sessions on white privilege rather than a hard push for police reform.

. . . .

This is where we are. Trust is missing everywhere—between black Americans and police, between experts and ordinary people, between the government and the governed, between citizens of different identities and beliefs. There’s an election coming in five months. It won’t end racism or the pandemic, or repair our social bonds, or restore our democracy to health. But it could give us a chance to try, if we get that far.

**********************

Read the rest of Packer’s article at the above link. 

Well said! The only thing missing is specific reference to the toxic failure of the U.S. Supreme Court. 

We once had a Court with the legal experience, ethics, vision, and moral courage to lead America forward toward a more just and equal society. That’s been totally dissipated by years of GOP erosion of the Court’s legal expertise, practical problem-solving ability, humanity, courage, vision of a better future for all in America, and integrity.

The “journey downward and march backward” from Brown v. Board of Education to legal travesties like Trump v. Hawaii and Wolf v. Innovation Law Lab (to name just two glaring examples of the Court’s disgraceful and illegal “Dred Scottification” of the other in our society) is certainly one of the most outrageous, disturbing, and disgusting tales in post-Plessy v. Ferguson American jurisprudence.

The Court’s abject failure to move forward and make voting rights and equal justice for all a reality is in no small measure linked to the death of George Floyd and other Americans of color and the nationwide protests of injustice. Failure of judicial integrity, vision, and leadership — in other words failures of both legal and moral justice —  imperils our nation and many of its inhabitants. 

America already faces long-term threats to our justice system and those it supposedly serves from the irresponsible and poorly-qualified life-tenured judicial appointments of Trump and the Mitch-led GOP. To them, things like “equal justice for all,” “voting rights,” “due process for all,” “women’s rights,” and “human rights” are just cruel hoaxes — things to be privately mocked, publicly “lip-serviced,” then buried forever beneath an avalanche of disingenuous and opaque legal gobbledygook intended to hide their true anti-democratic, White Nationalist enabling intent. The appointment of any more Justices along the lines of the “J.R. Five” likely would be the final “nail in the coffin” for our democratic republic! 🏴‍☠️👎🏻🥵

This November, vote like your life depends on it! Because it does!

PWS

06-06-20

🤡AMERICA’S CLOWN PRINCE DECLARES WAR ON: AMERICA! — As America Burns 🥵, He Throws Gasoline On Fire, Poses For Photo Op! — Malicious Incompetence, Unsuitability For Office On Full Display As Leaderless America Careens From Pandemic to Civil Rights Crisis! — “ Trump appeared to be trying to project strength at a moment when his presidency seems feckless and as the nation spins out of control. If it occurred abroad and not in the White House, Americans might perceive a ridiculous self-deluding act of a wanna-be strongman.”

Trump Clown
Donald J. Trump
Dangerous American Clown
Stephen Collinson
Stephen Collinson
White House Reporter
CNN

https://www.cnn.com/2020/06/02/politics/donald-trump-george-floyd-protest-military/index.html

Stephen Collinson reports for CNN:

(CNN)President Donald Trump‘s made-for-TV embrace of authoritarianism’s imagery and tools at a brittle national moment risks unleashing toxic political forces that threaten America’s democratic traditions.

Trump on Monday turned security forces on peaceful protesters in front of the White House, as tear gas and rubber bullets flew, before declaring himself the “law and order” President. Then, in one of the most bizarre moments in modern presidential history, he strode across the park to stand in front of an iconic church holding a Bible aloft in a striking photo op.

It was a moment of vanity and bravado — orchestrated for the cameras and transparently political — as Trump struggles to cope with protests sweeping the country after the killing of George Floyd and tries to cover up his botched leadership during the coronavirus pandemic. Overnight, the White House’s official Twitter account released a triumphant video of the moment set to music but omitting any signs of the mayhem unleashed on the protesters.

Trump appeared to be trying to project strength at a moment when his presidency seems feckless and as the nation spins out of control. If it occurred abroad and not in the White House, Americans might perceive a ridiculous self-deluding act of a wanna-be strongman.

Trump threatens military force if violence in states isn’t stopped

“I thought I was watching a scene from something in Turkey, and not in the United States,” retired Lt. Gen. Russel Honore, who commanded National Guard troops in New Orleans after Hurricane Katrina, told CNN’s Anderson Cooper.

And after using St. John’s Church, the “church of the presidents,” which had experienced a basement fire during Sunday’s demonstrations, Trump drew immediate criticism from faith leaders, including Bishop Mariann Edgar Budde of the Episcopal Diocese of Washington.

“The President just used the Bible, our sacred text of the Judeo-Christian tradition, and one of the churches of my diocese, without permission, as a backdrop for a message antithetical to the teachings of Jesus,” Budde said on “AC360.”

Trump’s showmanship was motivated in part by anger at media coverage saying he had sheltered in a bunker below the White House on Friday night amid protests in Washington, CNN’s Kaitlan Collins and Kevin Liptak reported. It shows how far Trump will go to protect his own thin skin and how his power plays are often motivated by assaults on his dignity.

But his behavior is also alarming, considering the vast power at his command, uses of demagogic tropes and capacity to buckle the traditions and structures of civilian, democratic government. So while Trump’s turn to the rhetoric of the despotic leaders he so admires had elements of farce, it opened a sinister new chapter in his presidency and a challenge to American norms.

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Read the rest of Stephen’s report at the link.

America’s national nightmare can’t end until Trump and his GOP enablers are removed from office at the ballot box. Just because he’s an incompetent, cowardly, bully doesn’t mean he’s not dangerous. He is!

This November, vote like your life and our nation’s future existence depend on it! Because they do!

PWS

06-02-20