GEORGE WILL: Government By the Sinister – How Anti-American Hacks Like Stephen Miller, Steve Bannon, and Jeff Sessions Have Taken Power In The Age Of Trump!

https://www.washingtonpost.com/opinions/sinister-figures-lurk-around-our-careless-president/2017/10/13/09c9448c-af6e-11e7-be94-fabb0f1e9ffb_story.html

Will writes in today’s Washington Post:

“With eyes wide open, Mike Pence eagerly auditioned for the role as Donald Trump’s poodle. Now comfortably leashed, he deserves the degradations that he seems too sycophantic to recognize as such. He did Trump’s adolescent bidding with last Sunday’s preplanned virtue pageant of scripted indignation — his flight from the predictable sight of players kneeling during the national anthem at a football game. No unblinkered observer can still cling to the hope that Pence has the inclination, never mind the capacity, to restrain, never mind educate, the man who elevated him to his current glory. Pence is a reminder that no one can have sustained transactions with Trump without becoming too soiled for subsequent scrubbing.

A man who interviewed for the position Pence captured, Sen. Bob Corker (R-Tenn.), is making amends for saying supportive things about Trump. In 2016, for example, he said he was “repulsed” by people trying to transform the Republican National Convention from a merely ratifying body into a deliberative body for the purpose of preventing what has come to pass. Until recently, Corker, an admirable man and talented legislator, has been, like many other people, prevented by his normality from fathoming Trump’s abnormality. Now Corker says what could have been said two years ago about Trump’s unfitness.

The axiom that “Hell is truth seen too late” is mistaken; damnation deservedly comes to those who tardily speak truth that has long been patent. Perhaps there shall be a bedraggled parade of repentant Republicans resembling those supine American communists who, after Stalin imposed totalitarianism, spawned the gulag, engineered the Ukraine famine, launched the Great Terror and orchestrated the show trials, were theatrically disillusioned by his collaboration with Hitler: You, sir, have gone too far.

Trump’s energy, unleavened by intellect and untethered to principle, serves only his sovereign instinct to pander to those who adore him as much as he does. Unshakably smitten, they are impervious to the Everest of evidence that he disdains them as a basket of gullibles. He understands that his unremitting coarseness satisfies their unpolitical agenda of smashing crockery, even though his self-indulgent floundering precludes fulfillment of the promises he flippantly made to assuage their sense of being disdained. He gives his gullibles not governance by tantrum, but tantrum as governance.

With Trump turning and turning in a widening gyre, his crusade to make America great again is increasingly dominated by people who explicitly repudiate America’s premises. The faux nationalists of the “alt-right” and their fellow travelers such as Stephen K. Bannon, although fixated on protecting the United States from imported goods, have imported the blood-and-soil ethno-tribalism that stains the continental European right. In “Answering the Alt-Right” in National Affairs quarterly, Ramon Lopez, a University of Chicago PhD candidate in political philosophy, demonstrates how Trump’s election has brought back to the public stage ideas that a post-Lincoln America had slowly but determinedly expunged. They were rejected because they are incompatible with an open society that takes its bearing from the Declaration of Independence’s doctrine of natural rights.

Sen. Bob Corker (R-Tenn.) on Oct. 8 called the White House “an adult day care center” after President Trump criticized him on Twitter. The president hit back on Oct. 10, calling the senator “Liddle’ Bob Corker.” (Video: Bastien Inzaurralde/Photo: Melina Mara/The Washington Post)

With their version of the identity politics practiced by progressives, alt-right theorists hold that the tribalism to which people are prone should not be transcended but celebrated. As Lopez explains, the alt-right sees society as inevitably “a zero-sum contest among fundamentally competing identity groups.” Hence the alt-right is explicitly an alternative to Lincoln’s affirmation of the Founders’ vision. They saw America as cohesive because of a shared creed. The alt-right must regard Lincoln as not merely mistaken but absurd in describing America as a creedal nation dedicated to a “proposition.” The alt-right insists that real nationhood requires cultural homogeneity rooted in durable ethnic identities. This is the alt-right’s alternative foundation for the nation Lincoln said was founded on the principle that all people are, by nature, equal.

Trump is, of course, innocent of this (or any other) systemic thinking. However, within the ambit of his vast, brutish carelessness are some people with sinister agendas and anti-constitutional impulses. Stephen Miller, Bannon’s White House residue and Trump’s enfant terrible,recently said that “in sending our [tax reform] proposal to the tax-writing committees, we will include instructions to ensure all low- and middle-income households are protected.” So, Congress will be instructed by Trump’s 32-year-old acolyte who also says the president’s national security powers “will not be questioned.” We await the response of congressional Republicans, who did so little to stop Trump’s ascent and then so much to normalize him.”

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Leave it to Trump and his White Nationalist gang to have me agreeing with George Will, something that rarely happened in the pre-Trump era. But, the folks who perpetrated this mess are our fellow citizens who voted for Trump notwithstanding his clearly established philosophy of sowing and pandering to hate, incompetence, and his glaring unsuitability for any public office. And, too many of those “core supporters” are still out there, coarsely and ignorantly screaming their approval for an Administration that is destroying America, and endangering the lives, rights, and human dignity of many of their fellow Americans, one day at a time.

PWS

10-15-17

GONZO’S WORLD: Jeff Sessions Is The New Jim Crow – Public Officials Using Bogus “Rule Of Law” and False “Christian Values” To Advance An Agenda of Hate, Bigotry, Intolerance, and Resentment Is (Sadly) Nothing New In America – The Main Difference: African-Americans Aren’t Gonzo’s Only Targets! — LGBTQ Americans Last Week, Hispanic Asylum Seekers This Week, Who’s Next: Latino Communities, Minority Voters, Dreamers, Children, Women, Muslims, Democrats, Obama, Poor People, Property Owners, Marihuana Farmers, The Sick & Disabled? – The Majority of Americans Are Somewhere On Gonzo’s “Hit List!” – When Will It Be YOUR Turn? — Who Will Defend YOUR Rights Against Gonzo’s Nasty Crusade Of “Injustice At Justice?”

http://www.newsweek.com/sessions-deals-another-blow-lgbt-community-684572

Marci A. Hamilton writes in Newsweek:

“I never expected to speak the phrase: “As Mississippi goes, so goes the federal government.” But when it comes to demeaning and disempowering LGBT, it is now apropos.

The self-righteous drive to make others suffer for not living Evangelical beliefs appears to be unstoppable with Trump in power and with Sessions as his henchman for civil rights. They are taking their cues from the Deep South and particularly Mississippi.

Mississippi is the national leader on religiously-motivated discrimination against LGBT and generating divisiveness on these issues, as I discussed here.

Mississippi continues to aspire to fomenting the most discrimination against LGBT with HB 1523, which explicitly permits business owners to refuse service to LGBT for religious reasons. The trial court correctly held that it was unconstitutional and issued a preliminary injunction.

In June, the Fifth Circuit let the law go into effect, holding that the challengers lacked standing. On further review, the Fifth Circuit refused to vacate the ruling, which let the law stand. Now perhaps it goes to the Supreme Court.

Its sponsors put it into place so that Evangelicals can legally exclude LGBT from the marketplace. They say it’s about their “religious liberty,” by which they mean not the right to observe their own practices, but rather their supposed right to judge and condemn others before doing business with them.

The whole anti-LGBT project is so unbelievably hypocritical: they aren’t fighting to bar liars, adulterers, rapists, or pedophiles from their businesses, all of whom who violate plain biblical commands.

GettyImages-646266774Attorney General Jeff Sessions at the Department of Justice on February 28, 2017 in Washington, D.C. ZACH GIBSON/GETTY

What they are engineering is lives without having to associate with “those people.” One can only hope that good, old-fashioned profit motives enrich those businesses that provide service to LGBT and put out of business those who prefer the Jim Crow life.

Trump Administration Follows Mississippi’s Lead

Now, Attorney General Jeff Sessions has piled onto this administration’s obsession with humiliating and harming transgender Americans here and here with a new document interpreting federal law to require accommodation of those in the government who believe LGBT are sinful.

That’s right, the drive is to accommodate the ones who cannot tolerate those who aren’t like them. This is all about deconstructing the LGBT civil rights the Obama administration put into place as discussed here and here.

For good measure, the administration is also rolling back protections intended to ensure LGBT are not discriminated against in long-term care facilities. (The administration also went after women’s rights to contraception as fellow columnist Joanna Grossman explains, again an issue where it is in lock step with Evangelical lobbyists.)

Where Did This Intolerance Come From?

The push to inflict exclusion and suffering on LGBT for religious reasons owes its origins to the working out of the Religious Freedom Restoration Act in American culture. Whether you have read Hegel or Calvin, this is what happens when you put into place a “right” that has no natural limit.

The religious lobbyists, including knowing conservatives and some truly naïve liberals, backed this benighted law in 1993. It was declared unconstitutional in 1997 in Boerne v. Flores, because it was so far removed from anything that the First Amendment had ever required .

What was unleashed with this federal statute, which morphed into state laws and later federal law, was a theory that the default position for religious liberty should be that a religious believer has a right to overcome any law that burdens religiously-motivated conduct.

Many laws exist to protect the vulnerable. When religious believers seize a “right” to trump the law, they in effect hurt the vulnerable. That is true here.

This power grab—particularly by religious organizations who believe in imprinting their beliefs on the culture—paved the way for the depraved arguments now being made for “religious liberty” that amount to exclusion and harm to an entire category of citizens defined solely by their sexual orientation. They have falsely claimed the mantle of victimhood while making victims of others.

The powerful choose the labels and the vulnerable suffer. If you have not seen this power maneuver elsewhere in history or in the Trump Administration’s dealings with race, you are not paying attention.

Marci A. Hamilton is the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the Fox Leadership Program at the University of Pennsylvania; the founder, CEO, and Academic Director of the nonprofit think tank to prevent child abuse and neglect, CHILD USA, and author of God vs. the Gavel: The Perils of Extreme Religious Liberty and Justice Denied: What America Must Do to Protect Its Children. She also runs two active websites covering her areas of expertise, the Religious Freedom Restoration Acts, www.RFRAperils.com, and statutes of limitations for child sex abuse, www.sol-reform.com.”

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While the Evangelical right wages a bogus war against the non-existent “Sharia law in America,” the real threat to our freedoms, our Constitution, and the rule of law is posed by these very same right wingers. Led by folks like Gonzo who have moved from the “wacko fringe” to positions of power, they are forcing their false interpretation of Christianity down the throats of the rest of us who don’t share their “Gospel of Hate & Intolerance.”

From a theological standpoint (after all, it is Sunday), Jesus’s ministry was not to the rich, powerful, rulers, or Pharisees enforcing the Jewish Law; no, Jesus’s ministry was one of love, compassion, forgiveness, and eternal hope  for the outsiders, the outcasts, the poor, and the “rejected” of Jewish and Roman society. If Jesus were among us today, he would much more likely be found “rubbing shoulders” and preaching to the gay community or the undocumented than he would wandering the halls of Jeff Sessions’s Department of (In)Justice.

 

PWS

10-15-17

 

GONZO’S WORLD: HOMOPHOBIC AG ATTACKS LGBTQ COMMUNITY WITH BOGUS LEGAL MEMO STRIPPING TRANSGENDER INDIVIDUALS OF CIVIL RIGHTS PROTECTIONS!

https://www.buzzfeed.com/dominicholden/jeff-sessions-just-reversed-a-policy-that-protects

Dominic Holden reports for BuzzFeed News:

“US Attorney General Jeff Sessions has reversed a federal government policy that said transgender workers were protected from discrimination under a 1964 civil rights law, according to a memo on Wednesday sent to agency heads and US attorneys.

Sessions’ directive, obtained by BuzzFeed News, says, “Title VII’s prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status.”

It adds that the government will take this position in pending and future matters, which could have far-reaching implications across the federal government and may result in the Justice Department fighting against transgender workers in court.

“Although federal law, including Title VII, provides various protections to transgender individuals, Title VII does not prohibit discrimination based on gender identity per se,” Sessions writes. “This is a conclusion of law, not policy. As a law enforcement agency, the Department of Justice must interpret Title VII as written by Congress.”

But Sharon McGowan, a former lawyer in the Justice Department’s Civil Rights Division and now an attorney for the LGBT group Lambda Legal, countered that Sessions’ is ignoring a widespread trend in federal courts.

“It’s ironic for them to say this is law, and not policy,” McGowan told BuzzFeed News. “The memo is devoid of discussion of the way case law has been developing in this area for the last few years. It demonstrates that this memo is not actually a reflection of the law as it is — it’s a reflection of what the DOJ wishes the law were.”

“The sessions DOJ is trying to roll back the clock and pretend that the progress of the last decade hasnt’ happened,” she added. “The Justice Department is actually getting back in the business of making anti-transgender law in court.”

“The Justice Department is actually getting back in the business of making anti-transgender law in court.”
The memo reflects the Justice Department’s aggression toward LGBT rights under President Trump and Sessions, who reversed an Obama-era policy that protects transgender students after a few weeks in office. Last month, Sessions filed a brief at the Supreme Court in favor of a Christian baker who refused a wedding cake to a gay couple. And last week, the department argued in court that Title VII doesn’t protect a gay worker from discrimination, showing that Sessions will take his view on Title VII into private employment disputes.

At issue in the latest policy is how broadly the government interprets Title VII of the Civil Rights Act of 1964, which does not address LGBT rights directly. Rather, it prohibits discrimination on the basis of sex.

But the Equal Employment Opportunity Commission, an independent agency that enforces civil rights law in the workplace, and a growing body of federal court decisions have found sex discrimination does include discrimination on the basis of gender identity and sex stereotyping — and that Title VII therefore bans anti-transgender discrimination as well.

Embracing that trend, former attorney general Eric Holder under President Obama announced the Justice Department would take that position as well, issuing a memo in 2014 that said, “I have determined that the best reading of Title VII’s prohibition of sex discrimination is that it encompasses discrimination based on gender identity, including transgender status. The most straightforward reading of Title VII is that discrimination ‘because of … sex’ includes discrimination because an employee’s gender identification is as a member of a particular sex, or because the employee is transitioning, or has transitioned, to another sex.”

But Sessions said in his latest policy that he “withdraws the December 15, 2014, memorandum,” and adds his narrower view that the law only covers discrimination between “men and women.”

“The Department of Justice will take that position in all pending and future matters (except where controlling lower-court precedent dictates otherwise, in which event the issue should be preserved for potential future review),” Sessions writes.

Sessions adds: “The Justice Department must and will continue to affirm the dignity of all people, including transgender individuals. Nothing in this memorandum should be construed to condone mistreatment on the basis of gender identity, or to express a policy view on whether Congress should amend Title VII to provide different or additional protections.”

Devin O’Malley, a spokesperson for the Justice Department, explained the decision to issue the memo, telling BuzzFeed News, “The Department of Justice cannot expand the law beyond what Congress has provided. Unfortunately, the last administration abandoned that fundamental principle, which necessitated today’s action. This Department remains committed to protecting the civil and constitutional rights of all individuals, and will continue to enforce the numerous laws that Congress has enacted that prohibit discrimination on the basis of sexual orientation.”

McGowan, from Lambda Legal, counters, “The memo is so weak that analysis is so thin, that it will courts will recognize it for what it is — a raw political document and not sound legal analysis that should be given any weight by them.”

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Virulent homophobia has always been a key element of the “Gonzo Apocalypto Agenda.” Check out this report from Mark Joseph Stern at Slate about how when serving as Alabama’s Attorney General Gonzo attempted to use an Alabama statute that had been ruled unconstitutional by a Federal Judge to both publicly demean LGBTQ students and stomp on their First Amendment rights. (So much for the disingenuous BS speech that Gonzo delivered on Free Speech at Georgetown Law last week.)  Here’s what happened:

“Attorney General Jeff Sessions delivered a speech at Georgetown University Law Center in which he argued that “freedom of thought and speech on the American campus are under attack.” As my colleague Dahlia Lithwick explained, the attorney general said this in “a room full of prescreened students who asked him prescreened questions while political demonstrators outside were penned off in ‘free speech zones.’ ” Ensconced in a safe space of his own, Sessions blasted the notion that speech can be “hurtful,” criticizing administrators and students for their “crackdown” on “speech they may have disagreed with.”

Mark Joseph Stern
MARK JOSEPH STERN
Mark Joseph Stern is a writer for Slate. He covers the law and LGBTQ issues.

Sessions’ hypocrisy on speech issues is not a new development. In 1996, the then–attorney general of Alabama used the full power of his office to try to shut down an LGBTQ conference at the University of Alabama. Sessions took his battle to court, asking a federal judge to let him block the conference altogether—or, at the very least, silence students who wished to discuss LGBTQ issues. He ultimately failed, but his campaign reveals a great deal about his highly selective view of free expression. Sessions claims to support freedom for “offensive” speech, but when speech offends him, he is all too happy to play the censor.

When Sessions served as Alabama attorney general, the state still criminalized sodomy. A 1992 law, Alabama Education Code Section 16-1-28, also barred public universities from funding, recognizing, or supporting any group “that fosters or promotes a lifestyle or actions prohibited by” the sodomy statute, either “directly or indirectly.” The law also forbade schools from allowing such organizations to use public facilities. Sessions’ predecessor, Jimmy Evans, had interpreted the statute to effectively outlaw the discussion or promotion of gay rights on public campuses, with that prohibition even extending to AIDS awareness campaigns.

In 1995, the University of South Alabama’s Gay Lesbian Bisexual Alliance sued in federal court to block Section 16-1-28. That summer, the U.S. Supreme Court had ruled that, under the First Amendment, public universities may not deny access to facilities or funding for student organizations on the basis of their viewpoints. This decision, the GLBA asserted, rendered Section 16-1-28 unconstitutional. U.S. District Judge Myron H. Thompson agreed, holding the law to be invalid in a January 1996 ruling.

This decision was excellent news for the Gay Lesbian Bisexual Alliance at the University of Alabama at Tuscaloosa. The GLBA had planned to host the Fifth Annual Lesbian, Gay, and Bisexual College Conference of the Southeastern United States in February 1996. Sessions, by now attorney general, was trying his hardest to shut it down.

“University officials say they’re going to try to obey the law,” Sessions said at the time, as CNN’s Andrew Kaczynski reported in December of last year. “I don’t see how it can be done without canceling this conference. I remain hopeful that if the administration does not act, the board of trustees will.” Sessions didn’t give up even after Judge Thompson struck down the law. “I intend to do everything I can to stop that conference,” he said.

In a last-ditch effort, Sessions returned to Thompson’s court and asked permission to ban the conference. “The State of Alabama,” he explained in court filings, “will experience irreparable harm by funding a conference and activities in violation of state law.” Failing a total ban, Sessions implored Thompson to let him censor any discussion of “safe sex and the prevention of sexually transmitted diseases.” Sessions claimed that, by talking about LGBTQ issues, conference attendees were essentially conspiring to promote criminal activity, and Alabama should not be obligated to support their criminality. Predictably, Thompson rejected Sessions’ arguments, writing that the attorney general was endeavoring to violate students’ free speech rights. Sessions then appealed to the 11th U.S. Circuit Court of Appeals, which unanimously ruled against Alabama. The conference went on as planned.

Cathy Lopez Wessell, a lead organizer and spokeswoman for the conference, told me Sessions’ intervention “was incredibly stressful. We got threatening phone calls. We were attacked from all sides.” She continued, “We were the abomination of the month. I didn’t feel safe in the world for a while. I started to internalize some of the judgment leveled at our group. I thought, there must be something deeply wrong with you if you need to be silenced.”

Lopez Wessell explained that Sessions’ campaign against the conference registered as a broader attack on LGBTQ students.

“If we can’t talk, do we have a right to exist?” Lopez Wessell asked. “If our speech is so dangerous that it needs to be stopped, then are we dangerous? We weren’t promoting any particular activity; we just wanted to talk—about our experiences, about our existence.”

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Denying the humanity as well as the human rights of those he is biased against is a staple of the Gonzo Apocalypto agenda. Just look at his constant attempts to tie all members of the Hispanic ethnic community to crime, drugs, and gangs (even though all credible studies show that immigrants or all types have markedly lower crime rates than native-born U.S. citizens) and his false and gratuitous attempts to tie “Dreamers” to crime, terrorism, and loss of jobs!

There is no more certain way of knowing that a DOJ “legal” memo is all policy and no law than the statement: “This is a conclusion of law, not policy.“ In other words, “Don’t you dare accuse me of doing what I’m actually doing!”

Since assuming the office of Attorney General for which he is so spectacularly unqualified, here’s a list of the folks whose rights or humanity Sessions has attacked or disparaged:

Hispanics

African Americans

LGBTQ Individuals

Dreamers

Immigrants

Refugees

Asylum Seekers

Poor People

Undocumented Migrants

Women

Muslims

Civil Rights Protesters

Black Athletes

City Officials Seeking To Foster Community Law Enforcement

Prisoners

Immigration Detainees

Forensic Scientists

State Governors Who Disagree With Him

Federal Judges Who Find Trump Policies Illegal

State & Federal Judges Who Object To Migrants Being Arrested At Their Courts

Convicts

Liberal Students & College Administrators

Anti-Facists

Anti-Hate-Group Activists

Reporters

Unaccompanied Migrant Children

President Obama

Whistleblowers (a/k/a “Leakers” in “Gonzopeak”)

DOJ Career Attorneys

I’m sure I’ve left a few out.  Feel free to send me additions. The list just keeps getting longer all the time.

The only group that appears to be “A-OK” with Gonzo is “White straight Christian male Republican ultra rightists.”

Liz was right!

PWS

10-05-17

 

 

 

 

 

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

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

Pena Levy reports for Mother Jones:

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

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

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

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

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

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

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

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

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

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

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

. . . .

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

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Read the complete article at the link.

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

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

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

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

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

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

PWS

10-02-17

GONZO’S WORLD: “Eggshell” Attorney General Is A Parody Of The First Amendment!

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/09/jeff_sessions_wants_a_first_amendment_that_celebrates_robust_criticism_of.html

Dahlia Lithwick writes at Slate:

“Having seen the Sessions DOJ prosecute someone for laughing at Jeff Sessions, it’s hardly surprising that he wants a First Amendment that celebrates the robust criticism of everyone but himself. Watching Sessions’ DOJ going after private Facebook information for anti-Trump activists, it’s hardly surprising that these much-vaunted free speech protections flow in the direction of Trump officials and away from Trump dissenters. It is, nevertheless, somewhat more surprising to see that the burgeoning theory that conservatives deserve free speech protections, and liberals deserve none, is becoming yet another normalized part of this abnormal administration. After all, if you cannot even see anyone from the opposing side, you certainly have no reason to hear their voices. And what was most striking about Sessions’ rousing performance at Georgetown is that he didn’t seem to even notice or concede that an opposing side exists. This has very real practical effects for his DOJ and for our rule of law.

Read, for example, the work of my friend Garrett Epps on the stunning DOJ brief filed in the Masterpiece Cakeshop v. Colorado Civil Rights Commission “religious baker” case to be heard at the Supreme Court this fall. The Justice Department evinces no solicitude at all for the injuries of anyone but the Christian baker at issue, the one who seeks not to be compelled to make a wedding cake for a gay couple. Sessions’ Department of Justice, for instance, argues that Colorado hadn’t yet acknowledged the rights of marriage equality at the time of the cake incident, so the fact that such equality is now a constitutional right should not even be considered. It’s a hard case, as Epps notes. But it’s vastly easier if you simply pretend away the interests of the other side. For this DOJ, there is nobody else on the radar. Nobody else exists.

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When talking about the First Amendment and the brutal and challenging clash of diverse opinions, a big part of that is the obligation to listen to ideas that might be uncomfortable or even painful to hear. But that relationship presupposes that we can see or acknowledge that there are speakers on the other side. More and more, it feels as though the Trump administration’s aperture has narrowed to the point where someone can espouse First Amendment values while viewing genuine opponents as wholly other, foreign, and not even worth giving the chance to respond. This is the framing for the NFL protests (Trump has free speech rights, the players do not) and the framing for Sessions’ speech about student speech.

There’s little doubt that Jeff Sessions meant it when he importuned the students before him to stand up for free speech and to spend their law school careers refining their own views in opposition to conflicting ideas. But it’s far from clear that he realized how absurd it was to say those things at an event that excluded faculty and students with different viewpoints. Admonishing law students to spend their time testing their pre-existing views against alternate ideas while engaging in almost daily acts of punishing and suppressing speech and expression of alternate ideas is insane. I’m not sure that the sparking, hotly contested debates between people who hate marriage equality and the people who really, really hate marriage equality is the sort of dispute Justices Jackson and Brandeis were thinking about.

And what is terrifying is the possibility that Sessions truly believes that people with different viewpoints don’t even exist anymore in any tangible application. These dissenters are all just enemies of the state. They are no more real to him than ghosts. More and more, Sessions is constructing a Justice Department in which the other side is just noise to him, not speech. And if you cannot even see protesters and political dissidents, it’s hardly a surprise that you cannot hear them either.”

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Read Lithwick’s complete article at the link.

I have to admit that it’s great to be retired, outside the repressively paranoid atmosphere of the DOJ (and that was before the reign of Gonzo began), and able to exercise my right to free speech again.

Sessions is enthusiastic about defending the right to promote hate speech, religious zealotry, and homophobia, all things in which he and his alt-right cronies fervently believe. But, when it comes to defending the rights of Blacks, Hispanics, immigrants, and the rest of us to protest, or in the case of Blacks and Hispanics to even exercise their voting rights, not so much.

Gonzo’s career has been built on disingenuously promoting bias, racial inequality, xenophobia, homophobia, intolerance, and white privilege in the name of a Constitution that it’s hard to believe he’s ever read much less understands or follows. Other than Trump, Bannon, or Miller, I can’t imagine anyone less qualified than Gonzo to pontificate about the First Amendment, or indeed any portion of the U.S. Constitution other than, perhaps, the Second Amendment which apparently is the only part of the Constitution they have ever heard about down in Ol’ Bammy.

PWS

09-29-17

HOW RACISM, WHITE PRIVILEGE, & THE CULTURE OF LIES HAVE ALL COME TOGETHER IN THE PERSONA OF TRUMP & HIS MINIONS

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/09/the_ugliest_line_in_trump_s_nfl_attack.html

Dahlia Lithwick in Slate:

“Most intriguingly, some have said that black players ought to protest exclusively in ways white football fans approve of. The author John Pavlovitz has explicitly named this latter critique “the arrogant heart of privilege.” As he put it, this defines that core of white privilege: “being the beneficiaries of systematic injustice, and then wanting to make the rules for the marginalized in how they should speak into that injustice.”

This is an incredibly astute and important observation, but in the past few days another more sinister theme has emerged in the attack on professional athletes and their acts of silent protest. It’s a second coming of Trump’s ongoing war on truth, except in this iteration, the attack is on the truths of others. No longer content to simply lie about things, this White House wants to tell you what other people actually mean when they speak. Nobody better captured this mentality than Trump’s press secretary, Sarah Huckabee Sanders. During Monday’s White House press briefing, Sanders was asked why the president wouldn’t acknowledge that players who knelt during the national anthem were doing so to protest racism and police brutality. Questioned about Trump’s claim that “the issue of kneeling has nothing to do with race,” Sanders responded, “I think the focus has long since changed.” She amplified that unsupported claim by saying that the players were protesting incorrectly to begin with. “I think if the debate is really, for them, about police brutality, they should probably protest the officers on the field that are protecting them instead of the American flag,” she offered.

That takes us from privilege to silencing, and it’s not a move that should go unremarked.
So, when Colin Kaepernick explicitly says time and time and time again that he is protesting police brutality, he is wrong. And when another player, Eric Reid, said on Monday that players are taking a knee expressly not to protest the flag or the military, but to protest the “incredible number of unarmed black people being killed by the police,” he is also wrong. What Sanders and Trump are saying here exemplifies one of the most grotesque aspects of unchecked privilege. It transcends even patronizing lectures about how black men should protest in such a way as to avoid offending white people. This is an attempt to dictate—with the threat of job loss—the very ability of some black men to have and maintain control over their own speech. What the president and Sanders are claiming is that they are better situated than the actual speakers to understand what those speakers are saying. That takes us from privilege to silencing, and it’s not a move that should go unremarked.

. . . .

The president and Sarah Huckabee Sanders have the double luxury of being able to claim to know what NFL players really mean by their protests, and also being able to invent fake after-the-fact rationales with which to cover their own false and racially inflammatory statements. Colin Kaepernick doesn’t have that luxury. He doesn’t—at this moment—even have a job. If we are truly interested in anything that resembles truth seeking anymore, instead of allowing this controversy to be sidetracked by those who would put false words in a protester’s mouth, let’s give him the dignity of accepting at face value the real words and intentions he claims for himself.“

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Trump is indeed the “Ugly American.” And, that doesn’t say much for those among us who continue to apologize for and enable his dishonest, damaging, divisive, and truly reprehensible conduct.

PWS

09-26-17

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

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

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

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

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

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Read the full report on the link.

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

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

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

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

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

09-24-17

MARK JOSEPH STERN IN SLATE: Rule Of Scofflaws! — Trump, Sessions Have No Regard For Law Unless It Suits Their Disingenuous Purpose!

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/09/the_trump_administration_s_lawless_attacks_on_sanctuary_cities.html

Stern writes:

“The Trump administration’s latest attempt to punish sanctuary cities hit a snag on Friday when a federal court ruled the Justice Department cannot withhold public safety grants from jurisdictions that refuse to assist federal immigration authorities. Attorney General Jeff Sessions had attempted to prevent cities and states from receiving these funds unless they cooperatedwith immigration officials’ crackdown on undocumented immigrants. The court held that Sessions in fact has no power to attach new restrictions to the grants, rendering most of his new rules unlawful.

Mark Joseph SternMARK JOSEPH STERN

Mark Joseph Stern is a writer for Slate. He covers the law and LGBTQ issues.

Friday’s decision marked the second time a court has blocked Sessions’ attempts to penalize sanctuary cities by depriving them of federal grants. It also comes on the heels of a sweeping ruling that froze the most controversial provisions of Texas’ new anti–sanctuary cities bill. Earlier this month, the White House declared that Donald Trump is “restoring law and order to our immigration system.” But in their haste to adopt a restrictionist immigration regime, Trump, Sessions, and their fellow Republicans have shown a consistent disdain for federal statutes and constitutional protections.

Consider Sessions’ latest sanctuary cities imbroglio. In July, the attorney general created new criteria for Byrne Memorial Justice Assistance grants, which dispense hundreds of millions of dollars to state and local law enforcement. Under these rules, jurisdictions would not be eligible for Byrne grants unless they collaborate with Immigration and Customs Enforcement officials. Most pertinent here, law enforcement officials would have to give ICE agents access to local jails and, if the agency is interested in detaining an undocumented immigrant, notify ICE 48 hours before that person is set to be released. Chicago sued, alleging that the new rules were illegal.

Where does Sessions get the authority to impose these conditions on Byrne grants? Nowhere, as Judge Harry D. Leinenweber of the Northern District of Illinois pointed out in his ruling siding with Chicago. The Constitution grants Congress, not the executive branch, authority to impose conditions on federal funding. And Congress has never authorized the Justice Department, which is part of the executive branch, to force Byrne grantees to work with ICE. Sessions simply usurped Congress’ authority to make new rules.

When Chicago sued Sessions over the Byrne conditions in August, the attorney general put out a Trumpian statement asserting that the city “proudly violate[s] the rule of law” by protecting undocumented immigrants. But as Leinenweber explained on Friday, it was Sessions, not Chicago, who was acting lawlessly.

It’s surprising that Sessions would try to meddle with Byrne grants given that his first foray into sanctuary city–bashing failed so spectacularly. In Trump’s first days in office, the president issued an executive order directing the attorney general and Homeland Security secretary to withhold all federal grants and funding from sanctuary jurisdictions. Multiple cities quickly filed suit to defend their sanctuary policies. Sessions’ Justice Department, which apparently realized this order would violate multiple constitutional provisions, told a federal court that in reality, the order was nothing more than a narrow warning to sanctuary cities that the government would enforce current grant conditions.

In April, U.S. District Judge William Orrick blocked the order as an unconstitutional abomination. In his decision, Orrick essentially mocked the Justice Department, writing that he would not accept the DOJ’s “implausible” interpretation as it would transform Trump’s order into “an ominous, misleading, and ultimately toothless threat.” Instead, he analyzed the text of the order and found that it infringed upon constitutional separation of powers; coerced and commandeered local jurisdictions in violation of the 10thAmendment; and ran afoul of basic due process principles.

The White House promptly complained that Orrick “unilaterally rewrote immigration policy for our Nation” in an “egregious overreach.” Ironically, that is almost exactly what Trump had done through his executive order, illegally attaching new conditions to federal funds without congressional approval. Orrick had merely enforced the law; it was Trump who tried to change it unilaterally.

Neither of the Trump administration’s unlawful immigration power-grabs is as startling as SB 4, a Texas bill targeting sanctuary cities that Sessions’ Justice Department has defended in court. Confident in their measure’s legislative success, Texas Republicans turned SB 4 into a compendium of the most draconian possible attacks on sanctuary jurisdictions. The bill compelled local police to enforce immigration law, cooperate with ICE agents, and detain potentially undocumented immigrants; it also censored local officials who wished to speak out against the law. Law enforcement officers who ran afoul of SB 4 would face massive fines, jail time, and removal from office. Government employees who criticized the measure could also be fined and stripped of their positions.”

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Let’s get this straight: the “rule of law” to Sessions means laws aimed disproportionately at Latinos, Blacks, Muslims, undocumented migrants, non-white immigrants, LGBTQ individuals, ethnic communities, jurisdictions that voted for Democrats, legal marijuana users and businesses, innocent victims of civil forfeitures, and “leakers” (many would say “whistleblowers”) who are career civil servants. In other words law enforcement that in some disturbing ways parallels the “Jim Crow” laws in Alabama and other Southern States to which Sessions would apparently like to return (only with a greater emphasis on targeting Latinos, rather than Blacks, although he has little use for the latter now that the confirmation process is complete during which he “conned” a couple of Blacks into saying he wasn’t a racist.)

I remember from my youth hypocritical Southern racists like George Wallace asserting the false mantle of “the rule of law” and “states rights” for enforcing blatantly discriminatory racial laws while stomping on the actual legal and constitutional rights, and often lives, of Black citizens. Sessions has little or no intention of enforcing laws relating to civil rights protections, voting rights, protections for LGBTQ individuals, protections against local police abuses, due process for migrants in and outside of the U.S. Immigration Court process, environmental protection, constitutional conditions of detention, and ethics. Sessions is clearly a liar, if not a perjurer (which he might be) under legal definitions.

We should all be concerned that this totally unqualified and disingenuous individual has been put in charge of the U.S. justice system. I’ve commented earlier on the glaring unsuitability of individuals like Greg Abbott and Ken Paxton to be governing a state with a significant Hispanic population.

And, Stern’s article didn’t even raise Trump’s greatest and most audacious abuse of the rule of law: his totally unjustified and inappropriate abuse of the Presidential Pardon authority by pardoning the unrepentant, unapologetic “Racist Joe.” Think about what “Racist Joe” stands for, as described by a U.S. District Judge who found him guilty of contempt of court after trial for his continuing, knowing, and intentional abuses of the constitutional rights of Latino citizens and prisoners, among others. In what way does “Racist Joe” deserve a pardon? How would you feel if you were a Hispanic citizen or a detainee who had his or her constitutional rights intentionally violated and was victimized by this arrogant, bullying, racist? The innocent suffer while the guilty go unpunished. What kind of “rule of law” is that?

Then think of all the GOP “politicos” who “palled around” with “Racist Joe” and his toxic sidekick Kris Kobach and even sought their endorsements! That’s because it would help with the racist, White Supremacist “core vote” that has allowed the GOP to gain control of much of the U.S. governing structure notwithstanding the party’s extremist views and generally destructive agenda.

This is very reminiscent of how the “White Southern racist base” helped the Democrats maintain a stranglehold on government for the bulk of the mid-20th Century. Assume that the “Trump base” is 20% of the electorate and only 15% fit my foregoing description. That means without the racist White Supremacist vote, the GOP and Trump would have polled  around 31% of the popular vote, not enough to win even with the idiosyncrasies of our electoral system that favor the GOP minority!

PWS

09=19-17

WASHPOST: Voter Fraud Is Not a Threat, But Kris Kobach is Both A Fraud & A Threat To Our Democracy!

The Editorial Board writes:

“Aha, says Mr. Kobach, writing at Breitbart, the right-wing website, “now there’s proof” of fraud: “It seems that they never were bona fide residents of the State.”

In fact, when New Hampshire Public Radio examined the data earlier this year, it found that more than two-thirds of 5,900 day-of-election registrants who had out-of-state driver’s licenses lived in college towns, indicating most were students voting perfectly legally. Again, on most of the state’s biggest residential campuses, a majority of students — usually a sizable majority — are from out of state. That’s true at the University of New Hampshire, Dartmouth College, Keene State College, Franklin Pierce University and others.

 

It’s also true at Saint Anselm College in Manchester, N.H., where on Tuesday Mr. Kobach attempted to defend his baseless claim at a meeting of the Presidential Advisory Commission on Election Integrity. Under fire for his tendentious claims, which he used to cast doubt on the narrow victories in New Hampshire of Hillary Clinton and now-Sen. Maggie Hassan, both Democrats, he said: “Until further research is done, we will never know the answer regarding the legitimacy of this particular election.”

That’s Mr. Kobach at his most insidious, using innuendo, but never actual evidence, to impugn and subvert American democracy.”

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Kobach is a long-standing racist, White Nationalist, and xenophobe whose mission is to promote a primarily anti-Hispanic agenda that includes suppressing the votes not only of Hispanics but of other minorities and the poor because he and his cronies deem them to be “unsuitable” for the franchise. What greater proof of unsuitability can there be than that many of the foregoing are thought to vote for Democrats.

Kobach is out to insure that a minority of White Nationalists and their GOP “fellow travelers” (which would be virtually every other GOP pol and voter who consistently refuse to stand up and expose Kobach’s charade) maintain control over the rest of us in the majority. And no lie, fabrication, or misrepresentation is too low for him to go.

But, in the end, it’s the GOP electorate (particularly in Kansas), President Trump, and the “establishment” GOP pols (like Mitt Romney and Mike Pence) who have enabled this toxic anti-American dude. The rest of us need to come up with a strategy to “retire” Kobach to the fringes of alt-right “fake radio” where he belongs. He certainly is totally undeserving of a voice on the national political scene.

PWS

09-18-17

 

 

SLATE: “Jeff Sessions Spews Nativist Lies While Explaining Why Trump Is Killing DACA!”

http://www.slate.com/blogs/the_slatest/2017/09/05/sessions_daca_speech_was_full_of_nativist_lies.html

Mark Joseph Stern writes:

“Many Republicans have made clear in recent weeks that they favor the basic policy DACA enshrined, and merely oppose its executive implementation. Sessions, who helped persuade Trump to kill the program, is not one of those Republicans. In his remarks, he directly denounced the very idea of granting any kind of amnesty to undocumented individuals brought to the U.S. as children through no fault of their own. At the heart of his speech were two lies, straight from Breitbart, explaining why DACA must end:

The effect of this unilateral executive amnesty, among other things, contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences. It also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.

Let’s examine these falsehoods in turn.

First: Sessions claimed that DACA “contributed to a surge of unaccompanied minors on the southern border.” This allegation, often touted by far-right xenophobes, is false. A study published in International Migration, a peer-reviewed academic journal, found that the surge in unaccompanied minors actually began in 2008. (DACA was announced in 2012.) The authors pointed to a host of factors contributing to this phenomenon, including escalating gang violence in Central America, as well as drug cartels’ willingness to target and recruit children in Mexico. But the study found that DACA was not one of these factors. Its authors concluded that “the claim that DACA is responsible for the increase in the flow of unaccompanied alien children is not supported by the data.”

Even without the study, it should be obvious that DACA played no role in this surge of unaccompanied minors because the theory itself makes no sense. Undocumented children who arrived in the United States following DACA’s implementation would not qualify for the program. Only those individuals who “have continuously resided in the United States since June 15, 2007” and “were physically present in the United States on June 15, 2012” could receive DACA status. Why would parents send their children to the U.S. to participate in a program in which they are not legally permitted to participate?

Second: Sessions alleged that DACA has “denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.” This line is obviously drawn from the false narrative that immigrants steal jobs from American citizens. There is no actual evidence that DACA recipients have taken jobs from any Americans, let alone “hundreds of thousands.” There is, however, strong evidence that killing DACA will significantly damage the economy—a fact that Sessions conveniently omitted from his speech.

Once DACA is fully rescinded, its former recipients will lose their work permits (and thus their jobs) and face possible deportation. According to the left-leaning Center for American Progress, about 30,000 people will lose their jobs each month as their DACA status expires. The loss of these workers could reduce the national GDP by $280 billion to $433 billion over the next decade. According to estimates by the libertarian Cato Institute, DACA’s demise will cost employers $2 billion and the federal government $60 billion. Trump’s decision to end DACA isn’t a job-saver; it’s a job-killer.

Toward the end of his speech, Sessions praised the RAISE Act, a Republican-backed bill that would tightly curtail immigration into the U.S. Sessions claimed the act would “produce enormous benefits for our country.” In reality, the measure marks an effort to return America to an older immigration regime that locked out racial and ethnic minorities. Sessions has praised the 1924 law that created this regime—a law whose chief author declared that his act was meant to end “indiscriminate acceptance of all races.” On Tuesday, Sessions revived this principle in slightly more polite language.

The attorney general’s utterly gratuitous defamation of young Latino immigrants tells you everything you need to know about the decision to kill DACA. Before Tuesday, the Trump administration seemed eager to frame its DACA decision as respect for constitutional separation of powers: Congress, it insisted, not the president, must set immigration policy. But after Sessions’ speech, it is difficult to view this move as anything other than an attempt to implement the white nationalism that Trump and Sessions campaigned on.”

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Read the full report at the link.

It shouldn’t be news by now that “Gonzo Apocalypto” is a lifelong racist and White Nationalist totally unfit to serve as Attorney General. That’s what Liz Warren and others said during the confirmation process when Sessions’s GOP “fellow travelers” were so eager to brush over his un-American record and his anti-American views.

Latinos, Asians, Blacks, Jews and other American minorities need to unite with those of us who don’t want a return to the “Jim Crow” American South of the earlier 20th Century (which spawned the likes of Sessions and where the white GOP population is still racially and culturally tone deaf) behind some good candidates, get out the vote, and throw the White Nationalists and their GOP enablers and apologists (guys like Mitch McConnell, Paul Ryan, and most of the rest of the today’s GOP legislators who take responsibility for nothing while encouraging the Trump Administration’s outrageous conduct by refusing to join with Congressional Democrats to “just say no'”) out of office at the ballot box.  Otherwise, there won’t be an America in the future. We’ve got to stop letting “the “30%” who either never knew or have forgotten what it means to be a real American run roughshod over our country and particularly our kids. It’s going to be a long four years. Feels like it already.

PWS

09-05-17

DERELICTION OF DUTY! — Sessions’s DOJ Is MIA In Vindicating Public’s Constitutional Rights To Freedom From Police Brutality — State Of IL Forced To Do Feds’ Job For Them!

https://www.washingtonpost.com/opinions/illinois-fills-in-for-the-missing-in-action-justice-department/2017/09/02/c8e16484-8e90-11e7-84c0-02cc069f2c37_story.html?utm_term=.ed2fa2d4a0d6

The Washington Post says in an editorial today:

“IN JANUARY, an investigation by the Justice Department found that the Chicago Police Department routinely used excessive force against the city’s residents, often along racial lines and without accountability. That report recommended federal court oversight of the Chicago police to prevent further abuses. Now, almost nine months later, a federal judge is set to begin supervising the process of reforming Chicago’s police.

But the city of Chicago won’t be working with the Justice Department. Instead, it’s Illinois Attorney General Lisa Madigan who is bringing the lawsuit to begin negotiations on a federal court decree for police oversight.

The state of Illinois is filling the hole left by Attorney General Jeff Sessions, under whose leadership the Justice Department pulled back from its agreement to negotiate with Chicago to find a mutually agreeable model for court supervision of the city’s police. After months, nothing came of Chicago Mayor Rahm Emanuel’s efforts to find a solution with the Justice Department outside the courts. Now, Mr. Emanuel — who has been reluctant to embrace judicial oversight of Chicago police — has pledged to partner with Ms. Madigan to achieve reform under the watchful eye of a judge.

Chicago is one of several cities left behind by Mr. Sessions’s emphasis on fighting crime over working with unsettled police departments in need of reform — as if protecting civil rights and public safety were somehow incompatible. Two months into his time as attorney general, Mr. Sessions issued a memorandum directing his deputies to review oversight agreements reached by the Obama administration with police departments found to have systematically violated civil rights. The Justice Department then tried to delay an agreement finalized by Obama officials from going into effect in Baltimore, over the objections of the police department itself — only to be rebuked by the judge who gave the reform plan his approval. And recently, the department’s Community Oriented Policing Services Office (COPS) has reportedly failed to provide assessments requested by at least seven local police departments that reached out for help with reform.”

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Read the entire editorial at the above link.

Get this! While Gonzo Apocalypto is out spreading his knowingly false narrative about how nannies, gardeners, drywallers, carpenters, health care workers, fast food workers, students, soccer players, and emergency response personnel are threats to the public safety (not surprisingly, a tough sell in many diverse communities that depend on migrant labor and ethnic community participation without regard to legal status) and misusing statistics and anecdotes to support the Trump Administration’s bogus case that local police need tanks and other combat type military equipment to protect the public, the real law enforcement duties of the DOJ are going by the board. Nowhere is this more true than in the area of civil rights and voting rights, where the DOJ is actually working with some states and localities to undermine Americans’ constitutional rights. But, the Department’s “turn back the clock” approach to drug enforcement, prison reform, sentencing reform, forensic science, and community policing is also “built to fail” and deserves censure.

Then, there is the massive failure of justice in the overwhelmed U.S. Immigration Courts. Rather than setting forth a rational plan to restore due process and functionality by reducing dockets, providing more and better training for judges, hiring additional law clerks, closing down “kangaroo courts” in detention centers, giving judges control of individual dockets, implementing statutory contempt authority for judges, establishing a merit-based hiring system that promotes a diverse judiciary, putting resources into technology including e-filing, and making EOIR functionally independent from the DOJ’s political influence and the President’s immigration enforcement initiatives, Sessions has sent a “just peddle faster” message to Immigration Courts that are already peddling so fast that they are careening out of control. The DOJ’s handling of the U.S. Immigration Courts is a national disgrace that will come back to haunt the entire justice system unless or until Coongress or the Article III Courts call a halt!

And Jeff “Gonzo Apocalypto” Sessions is a key part of the problems that his White Nationalist agenda can never solve and, indeed, will continue to aggravate while he holds office.

PWS

09-03-17

 

 

SESSIONS’S “GONZO APOCALYPTO” CLAIMS ABOUT “CRIME WAVE” EARN FOUR (4) PINOCCHIOS FROM POST’S “FACT CHECKER!” — I/O/W OUR AG IS A LIAR!

https://www.washingtonpost.com/news/fact-checker/wp/2017/09/01/attorney-general-jeff-sessions-claim-that-a-violent-crime-wave-is-sweeping-the-nation/

Nicole Lewis writes:

“Sessions uses the alleged crime wave as evidence for the need to return to “law and order,” which President Trump has vowed to make a top priority during his presidency. As attorney general, Sessions has advocated for several policies aimed at preventing violent crime from continuing to rise, including tougher policing practices, reinstating mandatory minimum sentences for drug users, providing surplus military equipment to police departments, and a dismantling of “sanctuary cities.” In June, Sessions launched a new program to combat gun, gang, and drug violence in 12 cities across the United States.

At the same time, Sessions has lauded Miami-Dade County as an example for the rest of the nation — a major urban area that has reduced crime significantly since the “Miami Vice” days of the 1980s.

But Sessions, in his rhetoric and use of statistics, is being remarkably inconsistent. Let’s take a look.

. . . .

Sessions claims about crime across the country are a distortion of the facts. Nationwide, the violent crime rate and the murder rate are lower than they have been in almost 45 years. Violent crime and the murder rate increased slightly from 2014-2015, but the one-year increase does not qualify as a national trend.

Sessions applies the same distortion in his spotlighting of crime in major cities. Sessions routinely highlights an increase in violence in Chicago as evidence of the rising crime wave, but when viewed in conjunction with the national data, Chicago stands out as an outlier that is out of sync with national trends. In major cities across the country, violent crime has also dropped to historic lows. When Sessions lauds Miami-Dade County, he is implicitly acknowledging that crime rates actually have dropped dramatically since the 1980s.

Yet Sessions claims violent crime is “back with a vengeance,” and that it is “surging,” which is the result of a “staggering increase,” in crime in urban areas. With every dramatic assertion, Session is stoking American’s fears about crime and safety to advance a political agenda of “law and order.” Sessions earns Four Pinocchios.

Four Pinocchios

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Read the much more detailed analysis of Sessions’s “parade of misrepresentations” at the link. He isn’t even a good liar because he keeps making claims that can not just be disputed, but can clearly be disproved.

I had to be selective; there were lots of articles about Sessions’s astounding dishonesty in the past few days, including his lies about the need to “militarize” the local police, his distortion of Obama DOJ policies, and how gonzo inappropriate militarization of local police and a false “war on crime” is an essential part of the Trump-Sessions White Nationalist agenda.

Sessions is probably a perjurer and certainly an habitual liar, distorter, and knowing purveyor of false White Nationalist narratives aimed at diminishing the rights of minorities (including migrants) and promoting White Supremacy.  So, why is a dude with no respect for law, the truth, or the rights of non-white, non-Christian Americans (in other words, the majority of Americans) qualified to be the chief law enforcement officer and spokesman for justice in our country? Shades of John Mitchell. I could get pretty tired hearing  about the “rule of law” from a guy and a party that have no concept of what it means.

PWS

09-02-17

PAUL KRUGMAN IN THE NYT: THE NEW AMERICAN FASCISTS — TRUMP & ARPAIO!

https://www.nytimes.com/2017/08/28/opinion/fascism-arpaio-pardon-trump.html?em_pos=small&emc=edit_ty_20170828&nl=opinion-today&nl_art=0&nlid=79213886&ref=headline&te=1&_r=0

Krugman writes:

As sheriff of Maricopa County, Ariz., Joe Arpaio engaged in blatant racial discrimination. His officers systematically targeted Latinos, often arresting them on spurious charges and at least sometimes beating them up when they questioned those charges. Read the report from the Justice Department’s Civil Rights Division, and prepare to be horrified.

Once Latinos were arrested, bad things happened to them. Many were sent to Tent City, which Arpaio himself proudly called a “concentration camp,” where they lived under brutal conditions, with temperatures inside the tents sometimes rising to 145 degrees.

And when he received court orders to stop these practices, he simply ignored them, which led to his eventual conviction — after decades in office — for contempt of court. But he had friends in high places, indeed in the highest of places. We now know that Donald Trump tried to get the Justice Department to drop the case against Arpaio, a clear case of attempted obstruction of justice. And when that ploy failed, Trump, who had already suggested that Arpaio was “convicted for doing his job,” pardoned him.

By the way, about “doing his job,” it turns out that Arpaio’s officers were too busy rounding up brown-skinned people and investigating President Barack Obama’s birth certificate to do other things, like investigate cases of sexually abused children. Priorities!

Let’s call things by their proper names here. Arpaio is, of course, a white supremacist. But he’s more than that. There’s a word for political regimes that round up members of minority groups and send them to concentration camps, while rejecting the rule of law: What Arpaio brought to Maricopa, and what the president of the United States has just endorsed, was fascism, American style.

 

So how did we get to this point?

Trump’s motives are easy to understand. For one thing, Arpaio, with his racism and authoritarianism, really is his kind of guy. For another, the pardon is a signal to those who might be tempted to make deals with the special investigator as the Russia probe closes in on the White House: Don’t worry, I’ll protect you.

. . . .

This bodes ill if, as seems all too likely, the Arpaio pardon is only the beginning: We may well be in the early stages of a constitutional crisis. Does anyone consider it unthinkable that Trump will fire Robert Mueller, and try to shut down investigations into his personal and political links to Russia? Does anyone have confidence that Republicans in Congress will do anything more than express mild disagreement with his actions if he does?

As I said, there’s a word for people who round up members of ethnic minorities and send them to concentration camps, or praise such actions. There’s also a word for people who, out of cowardice or self-interest, go along with such abuses: collaborators. How many such collaborators will there be? I’m afraid we’ll soon find out.”

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Read Krugman’s entire op-ed at the link.

A most unhappy commentary. My parents’ generation fought the fascists. Our generation appears to have handed the reins of the US Government over to them.

PWS

08-29-17

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

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

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

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

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

 

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

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Read the complete article at the link.

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

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

PWS

08-20-17

FORMER SEN. RUSS FEINGOLD IN THE GUARDIAN: TRUMP’s WHITE SUPREMACISM IS PART OF THE GOP AGENDA!

https://www.theguardian.com/commentisfree/2017/aug/19/republican-party-white-supremacists-charlottesville

Feingold writes:

“It takes approximately 30 seconds to send a tweet. A half hour to draft and release a statement. And the shelf life of both is only marginally longer. We should not commend Republican party elected officials who claim outrage on social media at Trump’s remarks, often without daring to mention his name. The phony claimed outrage becomes dangerous if it convinces anyone that there is a distinction between Trump’s abhorrent comments and the Republican Party agenda.

The lesson from Charlottesville is not how dangerous the neo-Nazis are. It is the unmasking of the Republican party leadership. In the wake of last weekend’s horror and tragedy, let us finally, finally rip off the veneer that Trump’s affinity for white supremacy is distinct from the Republican agenda of voter suppression, renewed mass incarceration and the expulsion of immigrants.

There is a direct link between Trump’s comments this week and those policies, so where is the outrage about the latter? Where are the Republican leaders denouncing voter suppression as racist, un-American and dangerous? Where are the Republican leaders who are willing to call out the wink (and the direct endorsement) from President Trump to the white supremacists and acknowledge their own party’s record and stance on issues important to people of color as the real problem for our country?

Republicans on the voter suppression commission are enabling Trump’s agenda and that of the white Nazi militia
Words mean nothing if the Republican agenda doesn’t change. Governors and state legislatures were so quick to embrace people of color in order to avoid the impression, they too share Trump’s supreme affinity for the white race. But if they don’t stand up for them they are not indirectly, but directly enabling the agenda of those same racists that Republican members were so quick to condemn via Twitter.

Gerrymandering, strict voter ID laws, felon disenfranchisement are all aimed at one outcome: a voting class that is predominantly white, and in turn majority Republican.

 

The white supremacist chant of, “you will not replace us,” could easily and accurately be the slogan for these Republican politicians. Their policies will achieve the same racial outcome as Jim Crow – the disenfranchisement and marginalization of people of color.

It is a sad day when more CEOs take action by leaving and shutting down Trump’s Strategy and Policy Forum, and Manufacturing Council, than elected officials take action leaving Trump’s “election integrity” commission.

Businessman are acting more responsive to their customers than politicians are to their voters. At the end of the day, which presidential council is more dangerous? Which most embodies the exact ideology that Trump spewed on Monday? A group of businessmen coming together to talk jobs or a group of elected officials coming together to disenfranchise voters of color?

Anyone still sitting on the voter suppression commission is enabling Trump’s agenda and that of the white Nazi militia that stormed Charlottesville to celebrate a time when the law enforced white supremacy.

If Republican lawmakers want to distinguish themselves from Trump’s comments, they need to do more than type out 144 characters on their phone. They need to take a hard look at their party’s agenda.”

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Read the full article at the link.

I’ve noticed the clear pattern going back to the beginning of the campaign: Trump says or does something totally outrageous; GOP leaders disassociate themselves and claim it doesn’t represent the “real” GOP (whatever that might be); shortly thereafter the same folks go back to supporting Trump and the GOP agenda directed at insuring White control. Nobody switches party, resigns in protest, or tells voters how incompetent and dangerous Trump is. Indeed, these guys are scared silly that they will actually turn off Trump’s White Nationalist base that insures them power even though it’s been many years since they racked up a majority of the popular vote in a national election. Trump then goes on to the next outrage, and the process repeats itself.

Someday, the majority of American voters might actually get a Government that represents their interests rather than those of a White Nationalist minority. But, not any time soon if the GOP can prevent it. So far, they are doing a bang up job of it.

PWS

08-19-17