LAWRENCE UNIVERSITY, GOVERNMENT 365: INTERNATIONAL LAW — A Virtual Conversation Between Professor Jason Brozek and Me!

Lawrence Government 365
Lawrence Government 365

https://youtu.be/CmC5fLys8oM

Whatever happened to the “promise of Kasinga? How have Sessions & Barr attacked the international refugee definition? Does international law have any meaning for the U.S. today? All this and more in 15 minutes!

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See the “premier offering” from the “Courtside Video” broadcasting from our redesigned studio!

Thanks so much, Jason, for inviting me to do this! I hope your students find it useful! And, remember, I’m always available to answer questions at “Courtside.”

Due Process Forever!

PWS😎

05-06-20

🏴‍☠️NEW JIM CROW: Miller Uses Pandemic To Revive Racist Myths & Stereotypes About Dangers Of Immigrants! — A White Nationalist’s Dream Comes True!

James “Jim” Crow
James “Jim” Crow
Symbol of American Racism
Stephen Miller Cartoon
Stephen Miller & Count Olaf
Evil Twins, Notorious Child Abusers
Caitlin Dickerson
Caitlin Dickerson
National Immigration Reporter
NY Times
Michael D. Shear
Michael D. Shear
White House Reporter
NY Times

Caitlin Dickerson and Michael D. Shear report for The NY Times:

From the early days of the Trump administration, Stephen Miller, the president’s chief adviser on immigration, has repeatedly tried to use an obscure law designed to protect the nation from diseases overseas as a way to tighten the borders.
The question was, which disease?
Mr. Miller pushed for invoking the president’s broad public health powers in 2019, when an outbreak of mumps spread through immigration detention facilities in six states. He tried again that year when Border Patrol stations were hit with the flu.
When vast caravans of migrants surged toward the border in 2018, Mr. Miller looked for evidence that they carried illnesses. He asked for updates on American communities that received migrants to see if new disease was spreading there.
In 2018, dozens of migrants became seriously ill in federal custody, and two under the age of 10 died within three weeks of each other. While many viewed the incidents as resulting from negligence on the part of the border authorities, Mr. Miller instead argued that they supported his argument that President Trump should use his public health powers to justify sealing the borders.
On some occasions, Mr. Miller and the president, who also embraced these ideas, were talked down by cabinet secretaries and lawyers who argued that the public health situation at the time did not provide sufficient legal basis for such a proclamation.
That changed with the arrival of the coronavirus pandemic.
Within days of the confirmation of the first case in the United States, the White House shut American land borders to nonessential travel, closing the door to almost all migrants, including children and teenagers who arrived at the border with no parent or other adult guardian. Other international travel restrictions were introduced, as well as a pause on green card processing at American consular offices, which Mr. Miller told conservative allies in a recent private phone call was only the first step in a broader plan to restrict legal immigration.
But what has been billed by the White House as an urgent response to the coronavirus pandemic was in large part repurposed from old draft executive orders and policy discussions that have taken place repeatedly since Mr. Trump took office and have now gained new legitimacy, three former officials who were involved in the earlier deliberations said.
One official said the ideas about invoking public health and other emergency powers had been on a “wish list” of about 50 ideas to curtail immigration that Mr. Miller crafted within the first six months of the administration.
Latest Updates: Coronavirus Outbreak in the U.S.
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He had come up with the proposals, the official said, by poring through not just existing immigration laws, but the entire federal code to look for provisions that would allow the president to halt the flow of migrants into the United States.
Administration officials have repeatedly said the latest measures are needed to prevent new cases of infection from entering the country.
“This is a public health order that we’re operating under right now,” Mark Morgan, the acting commissioner of Customs and Border Protection, told reporters earlier this month. “This is not about immigration. What’s transpiring right now is purely about infectious disease and public health.”
The White House declined to comment on the matter, but a senior administration official confirmed details of the past discussions.
The architect of the president’s assault on immigration and one of Mr. Trump’s closest advisers inside the White House, Mr. Miller has relentlessly pushed for tough restrictions on legal and illegal immigration, including policies that sought to separate families crossing the southwest border, force migrants seeking asylum to wait in squalid camps in Mexico and deny green cards to poor immigrants.
Mr. Miller argues that reducing immigration will protect jobs for American workers and keep communities safe from criminals. But critics accuse him of targeting nonwhite immigrants, pointing in part to leaked emails from his time before entering the White House in which he cited white nationalist websites and magazines and promoted theories popular with white nationalist groups.

. . . .

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Read the full article at the link.

As America suffers, immigrants, both legal and “undocumented,” are on the front lines of those “essential workers” risking their lives to keep us healthy, safe, fed, and clothed.

Meanwhile, neo-Nazi Miller remains “on the dole” — publicly funded for putting out a steady stream of discredited and xenophobic actions designed to exploit, dehumanize, and demean many of the most courageous and necessary among us.

Can it get any more vile and disgusting?

Nearly 55 years after the end of WWII, Trump & Miller are reviving many aspects of the racist ideology and actions that we supposedly fought to end forever. Raises the question of who really won the war.

Always the opportunists, Trump and Miller now see the crisis that their “malicious incompetence” helped to aggravate as a chance to target both “Optional Practical Training” (“OPT”) for foreign students and Chinese students, one of the largest groups of those studying in the U.S. You can read about it in this article by Stuart Anderson in Forbes.https://apple.news/ADkCNTe_gTje__BlQ8c-8pg

Stuart Anderson
Stuart Anderson
Executive Director
National Foundation for American Policy

OPT unquestionably benefits our country as well as the students, many of whom remain and become important parts of our society. The targeting of Chinese students certainly fits with the far right’s Anti-Asian movement that has helped spike a notable increase in hate crimes directed against Asian Americans during the pandemic. Could the revival of the Chinese Exclusion Act be far beyond on the Trump/Miller Jim Crow agenda?

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

PWS

05-04-20

PAUL KRUGMAN: WE MUST CALL OUT TRUMP’S EVIL MOTIVES: “When you’re confronting bad-faith arguments, the public should be informed not just these arguments are wrong, but they they are in fact being made in bad faith. . . . Trump has assembled an Administration of the worst and the dimmest.” — I/O/W “A Kakistocracy”

Charles Kaiser
Charles Kaiser
American Author, Journalist, Academic Administrator
Paul Krugman
Paul Krugman
American Economist, Columnist, & Nobel Prize Winner

https://www.theguardian.com/books/2020/may/03/arguing-with-zombies-review-paul-krugman-trump-republicans?CMP=Share_iOSApp_Other

Charles Kaiser writes about Krugman in The Guardian:

The New York Times columnist Paul Krugman has four essential rules for successful punditry:

  • Stay with the easy stuff
  • Write in English
  • Be honest about dishonesty
  • Don’t be afraid to talk about motives

Active Measures review: how Trump gave Russia its richest target yet

Those maxims have consistently made Krugman the most intelligent and the most useful New York Times pundit, at least since Frank Rich wrote his final must-read column 11 years ago. A new collection of Krugman’s pieces, therefore, is a timely reminder that actual knowledge and ordinary common sense are two of the rarest qualities in mainstream journalism today.

Krugman’s enemies are the “zombie ideas” of his book’s title, especially the belief that budget deficits are always bad and the notion that tax cuts for the rich can ever benefit anyone other than the plutocrats who never stop pleading for them.

The same tired arguments in favor of coddling the rich have been rolled out over and over again, by Republican presidents from Ronald Reagan to Donald Trump, even though there has never been a shred of serious evidence to support them.

These relentless efforts over five decades culminated in the Trump tax cut, memorably described by the political consultant Rick Wilson as a masterwork of “gigantic government giveaways, unfunded spending, massive debt and deficits, and a catalogue of crony capitalist freebies”.

Wilson also identified the billionaires’ effect on the nation’s capital. Washington, he wrote, has become “the drug-resistant syphilis of political climates, largely impervious to treatment and highly contagious”.

Krugman’s columns act like a steady stream of antibiotics, aimed at restoring the importance of the economic sciences that have been so successfully displaced by brain-dead Republican ideology.

Very few political columns are worth reading 12 months after they are written – the New York Times grandee James Reston accurately titled one of his collections Sketches in the Sand. But Krugman’s book proves that he, a Nobel-prize winning economist, shares two rare qualities with George Orwell, the novelist who also wrote much of the best journalism of the 20th century: deep intelligence and genuine prescience.

The modern GOP doesn’t want to hear from serious economists, whatever their politics. It prefers charlatans and cranks

 

Krugman is at his Orwellian best here: “When you’re confronting bad-faith arguments, the public should be informed not just these arguments are wrong, but they they are in fact being made in bad faith.”

It’s “important to point out that the people who predicted runaway inflation from the Fed’s bond buying were wrong. But it’s also important to point out that none of them have been willing to admit that they were wrong.”

Krugman also writes that “even asking the right questions like ‘what is happening to income inequality’” will spur quite a few conservatives to “denounce you as un-American”. And it’s worse for climate scientists, who face persecution for speaking the truth about our continued dependence on fossil fuels, or social scientists studying the causes of gun violence: “From 1996 to 2017 the Centers for Disease Control were literally forbidden to fund research into firearm injuries and deaths.”

The history of the last half-century is mostly about how the unbridled greed of the top 1% has perverted American democracy so successfully, it has become almost impossible to implement rational policies that benefit a majority of Americans.

To Krugman, an “interlocking network of media organizations and think tanks that serves the interests of rightwing billionaires” has “effectively taken over the GOP” and “movement ‘conservatism’ is what keeps zombie ideas, like belief in the magic of tax cuts, alive.

“It’s not just that Trump has assembled an administration of the worst and the dimmest. The truth is that the modern GOP doesn’t want to hear from serious economists, whatever their politics. It prefers charlatans and cranks, who are its kind of people.”

. . . .

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Read the rest of the article at the link.

Hopefully, Joe Biden has Krugman and others like him on “speed dial.” He’s going to need lots of help and ideas from “the best and the brightest” to undo the damage inflicted by the Trump kakistocracy and Moscow Mitch.

And, the “best and the brightest” should also be the plan for rebuilding an independent Immigration Judiciary and the Article III Judiciary. The severe damage inflicted by Trump, Mitch, and the White Nationalists can’t be undone overnight, but “gotta start building for a better future somewhere.”

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

PWS

05-03-20

🏴‍☠️🇺🇸☠️ DEATH MERCHANT ⚰️⚰️ — U.S., “The Wuhan Of The America’s,” Deports Death 💀 To Latin America! — Legal Immigrants Aren’t A Threat To U.S., But Trump Regime Threatens The World’s Health!

Kevin Sieff
Kevin Sieff
Latin America Correspondent
Washington Post
Nick Miroff
Nick Miroff
Reporter, Washington Post

https://www.washingtonpost.com/world/the_americas/us-is-deporting-infected-migrants-back-to-vulnerable-countries/2020/04/21/5ec3dcfe-8351-11ea-81a3-9690c9881111_story.html

Kevin Sieff & Nick Miroff report for WashPost:

They arrive 24 hours a day in the Mexican border city of Reynosa, groups of men, women and children deported by the United States. Each time, at the edge of the international bridge, Ricardo Calderón Macias and his team get ready.

They put on masks and gloves. They prepare their thermometers and health forms. They wonder, sometimes aloud: Will anyone in this group test positive?

“We’re worried that eventually, with these deportations, we’re all going to get infected,” said Calderón, the regional director of the Tamaulipas state immigration institute.

Since the coronavirus struck the United States, immigration authorities have deported dozens of infected migrants, leaving governments and nonprofits across Mexico, Central America and the Caribbean struggling to respond.

[[Public health experts: Coronavirus could overwhelm the developing world]]

When some countries resisted continued deportations, U.S. officials said they would screen migrants slated for removal. But they did not commit to administering coronavirus tests. In many instances, the screenings, which consist primarily of taking a person’s temperature, have failed to detect cases. Even though overall deportations declined this month, the United States has returned thousands of people across the Western Hemisphere in April.

President Trump said late Monday he would “suspend immigration” to the United States. Even before that announcement, officials in the region were concerned about the deportations. Guatemala’s health minister spoke this month of the worrying number of infected deportees sent from the United States — the “Wuhan of the Americas,” he said.

[[Sign up for our Coronavirus Updates newsletter to track the outbreak. All stories linked in the newsletter are free to access.]]

Mexicans just deported from the United States walk toward a repatriation building in Matamoros. (Veronica Cardenas/Reuters)

Mexico’s Tamaulipas state, across the Rio Grande from the southern tip of Texas, is receiving roughly 100 deportees per day, officials there say. In some cases, repatriation workers have noticed that deportees are visibly sick as they arrive. Those deportations are blamed for at least one new outbreak in a Mexican migrant shelter.

On Monday, the Mexican government asked the U.S. Department of Homeland Security to test deportees for the virus, but DHS has not committed to doing so, according to a Mexican official with knowledge of the conversations who spoke on the condition of anonymity to describe diplomatic talks.

In Guatemala, at least 50 deportees have tested positive, about 17 percent of the country’s total confirmed cases. Three-quarters of passengers on a deportation flight to Guatemala City last month were infected, according to the country’s Health Ministry. Guatemalan officials said last week they would suspend returns from the United States.

[[Coronavirus outbreaks at Mexico’s hospitals raise alarm, protests]]

In Haiti, the poorest country in the Western Hemisphere, three people sent back from the United States in early April have tested positive, officials said. The country has 62 ventilators for 11 million people. The Trump administration reportedly was planning another deportation flight to Haiti this week.

“Rather than be deported where they face serious harm if they fall ill and risk infecting thousands of others, they should be released from detention into the care of their friends and families so that they may safely quarantine,” a coalition of 164 human rights and religious organizations said in an open letter pleading for suspension of deportations.

Health workers carry supplies delivered by family members to a temporary shelter for Guatemalan citizens deported from the United States in Guatemala City. (Moises Castillo/AP)

In Mexico over the past week, two deportees tested positive for the virus. Calderón’s team spotted a deportee in Reynosa who was visibly ill, with a dry cough, red eyes and a fever. They wondered how the man, who arrived from Atlanta, had made it through U.S. health screenings.

A second man was deported to Nuevo Laredo from Houston “without knowing he was a carrier of the virus,” the Tamaulipas state government said in a statement, and was sent to a migrant shelter in the city.

That case apparently prompted an outbreak in the shelter, Casa del Migrante Nazareth; 14 others have since tested positive.

“The risk we face is bringing a massive contagion into our own country,” said Raúl Cardenas, the city manager of Nuevo Laredo. “We’re mortified that these deportations are continuing.”

. . . .

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Read the rest of the article at the link.

Not only are Trump’s immigration diversions racist and inappropriate, they are dangerous and threaten unnecessarily to spread the pandemic. Unwilling and unable to address the real needs of the American people during the pandemic (see, e.g., tests, aid to states, speaking truth, encouraging compliance with “best practices”) Trump diverts our resources on controversial and counterproductive measures while diminishing our national humanity and surrendering our world leadership.

This November, Vote ‘Em Out. End The Deadly ☠️ Trump/GOP Clown Show 🤡!

PWS

04-22-20

JIM CROW WINS, AMERICA LOSES, AGAIN — WHITE NATIONALIST CLOWN-IN-CHIEF 🤡 HALTS IMMIGRATION TO DIVERT ATTENTION FROM MASSIVE FAILURE OF GOVERNANCE, AS FECKLESS DEMS PROTEST! — Announced By Tweet At Time When Borders Closed Anyway — A “pathetic attempt to shift blame from his Visible Incompetence to an Invisible Enemy,” Says Sen. Tim Kaine (D-VA) 😰👎🏻

By Paul Wickham Schmidt 

Courtside Exclusive

April 21, 2020. Migrants didn’t bring coronavirus to the U.S. Inevitable as its arrival was, U.S. travelers returning from abroad hastened the infection. The Trump regime ignored advanced warnings, wasted time, failed to prepare, and intentionally misled the public into believing that the problem was minor and under control. As we know, it was neither. No wonder the “Chief Clown” needs to shift attention to “the usual suspects.” 

Rather than being a threat, courageous, talented, hard-working migrants of all types have been at the forefront of our battle against coronavirus. They put their own lives at risk to provide health care, medical research, food, sanitation, delivery, stocking, transportation, cleaning, technology, and other essential services. Their reward from Trump, Miller, and the other regime racists: to be scapegoated and further dehumanized by those whose “malicious incompetence” actually threatens the health and safety of all Americans.

Nobody knows what the U.S. economy will look like post-COVID-19. But, we can be sure that migrants will play a key role in our future. And, of course, permanent legal immigrants are carefully screened and required to undergo health examination before being admitted. 

Meanwhile, Democrats complain, but show show no sign of actually using their leverage to halt the regime’s invidious assault on migrants. They weren’t even to get all taxpaying immigrant families included in the initial stimulus payments nor have they been able to require immigration authorities to comply with best health practices for detained migrants. Nor does it look like the needs of migrants will be addressed by the latest proposed legislation, although exact details are still pending. So, their bluster is just that —bluster.

Undoubtedly, the brave lawyers of the New Due Process Army will mount legal challenges to this latest assault on the rule of law. While some challenges might succeed in the lower Federal Courts, to date the “J.R. Five” on the Supremes have shown no inclination to look critically at any of the regime’s many misuses and abuses of so-called “emergency” and “national security” rationales, even when they are transparently bogus “pretexts” for xenophobia, religious bigotry, and racism. 

Perhaps it’s largely a moot point right now. Market forces affect immigration. With worldwide travel restrictions, borders closed, and 22 million out of work in the U.S., the allure of migration to the U.S. should be sharply reduced.

The Trump regime’s open hostility to immigrants plus our chaotic response to COVID-19, perhaps the world’s worst overall at this point, might make the U.S. a less attractive place for future immigration, particularly for legal migrants who have other choices. Demand for migration is normally a sign of economic and social health. As America fades into disorder under the kakistocracy, so might our ability to attract migrants, particularly those we claim to prize.

According to James Hohmann at the Washington Post, senior officials at the DHS were surprised by Trump’s late night tweet announcing the impending action. As Hohmann noted, that’s an indication of the deep thought, analysis, and preparation that went into this action. Trump has normalized incompetence and dumb decisions made based on a racist political agenda to the point where they barley cause a ripple in our distorted national discussion anymore. I’d say it was like being “goverened” by a five-year-old, but that would be a supreme insult to most five-year-olds I know.

While the “Chief Clown” can’t move fast enough to reopen the economy, even in the face of solid evidence that the it’s premature in most areas, don’t expect the bogus “immigration emergency” to end as long as this regime is in power. Crisis becomes yet another opportunity for the “worst of the worst among us” — the kakistocracy — to act on their biases and prejudices and get away with it.

Here’s a report from Rebecca Shabad @ NBC News:

Rebecca Shabad
Rebecca Shabad
Congressional Reporter
NBC News

https://www.nbcnews.com/politics/congress/xenophobe-chief-democrats-blast-trump-s-plan-suspend-immigration-u-n1188551

WASHINGTON — Congressional Democrats slammed President Donald Trump after he announced that he plans to suspend immigration to the United States, arguing that such a move does nothing to protect Americans from the coronavirus and deflects attention away from his handling of the outbreak.

House Democratic Caucus Chairman Hakeem Jeffries, D-N.Y., tweeted that Trump is the “xenophobe. In. chief.”

“This action is not only an attempt to divert attention away from Trump’s failure to stop the spread of the coronavirus and save lives, but an authoritarian-like move to take advantage of a crisis and advance his anti-immigrant agenda. We must come together to reject his division,” tweeted Rep. Joaquin Castro, D-Texas, chairman of the Congressional Hispanic Caucus.

Shortly after 10 p.m. ET on Monday, Trump announced in a tweet, “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!”

There were no additional details. A senior administration official said Trump could sign the executive order as early as this week.

The tweet came as the death toll in the U.S. from COVID-19 topped 42,000 people, according to Johns Hopkins’ Coronavirus Resource Center.

Sen. Tim Kaine, D-Va., Democrats’ 2016 vice presidential nominee, called it a “pathetic attempt to shift blame from his Visible Incompetence to an Invisible Enemy.”

. . . .

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Read Rebecca’s full article at the link.

Due Process Forever. The White Nationalist Kakistocracy Never!

PWS

04-21-20

CLOWN-IN-CHIEF’S ATTEMPTS TO SHIFT BLAME & ATTENTION FROM HIS OWN ABSURDIST SPECTACLE MAKE A BAD SITUATION MUCH WORSE! — The WHO’s Flawed Response to COVID-19 Was Still Better Than His! — “Captain Clown” “propounds powerful gibberish, [as] the mutiny builds.” 🤡☠️⚰️🤡☠️⚰️🆘

Trump Clown
Donald J. Trump
Clown in Chief

https://www.washingtonpost.com/opinions/2020/04/15/trumps-ugly-new-blame-shifting-scam-spotlights-his-own-failures/

Greg Sargent writes in the WashPost:

President Trump is spinning his new decision to suspend funding to the World Health Organization as an act of decisive leadership — one that showcases his devotion to effective crisis management, to gathering good empirical information, and to holding people accountable for leadership failures that had catastrophic human consequences.

In just about every conceivable way, this is the opposite of the truth.

In making this new move, Trump is inviting us to review the basic timeline of events. And it demonstrates that the WHO, for all its initial failures, was still far ahead of Trump in embracing the need for a comprehensive response to coronavirus.

The timeline also once again illustrates Trump’s epic failures in that regard, and reveals the degree to which Trump is now relying on transparently ridiculous scapegoating to erase his own central role in this catastrophe.

[Full coverage of the coronavirus pandemic]

In announcing an end to funding for the WHO, Trump claimed the organization was complicit in China’s early coverup of the outbreak’s severity there. He insisted the WHO “pushed China’s misinformation,” and ripped WHO for “severely mismanaging and covering up the spread.”

Trump also claimed that if not for WHO, “the outbreak could have been contained at its source with very little death.” He lamented that the U.S. can’t rely on WHO for “accurate, timely and independent information to make important public health recommendations and decisions.”

For Trump to position himself in this manner as a spokesperson for crisis management, empiricism and accountability would be positively comical, if the stakes weren’t so monumentally dangerous.

The WHO’s initial mistakes were real, and many critics beyond Trump have pointed to them. The organization was too trusting of China’s early obfuscations about coronavirus, and failed to aggressively push China to be more transparent. The WHO also arguably was too slow to declare a global public health emergency.

But cutting off funding as a punishment is counterproductive and deeply absurd. Indeed, even if you accept that the WHO committed serious errors, the timeline is still far more damning to Trump, by the terms that he himself has set through his criticism of the organization.

The timeline is far more damning to Trump

By Jan. 23, the WHO was already warning that coronavirus could “appear in any country,” and urged all countries to be “prepared for containment” and get ready to exercise “isolation” and “prevention” measures against its spread.

At around the same time, on Jan. 22, Trump was asked point-blank whether he worried about coronavirus’s spread, and he answered: “No, not at all,” insisting it was just “one person coming from China” and that “we have it totally under control.”

And on Jan. 24, Trump hailed China’s “effort” against coronavirus and its “transparency” about it, predicting that “it will all work out well.”

So Trump showed less concern about its spread in countries outside China — including in our own — than the WHO did.

On Jan. 30, the WHO declared coronavirus a global public health emergency. While WHO was still too credulous toward China’s response, WHO also warned that all countries must review “preparedness plans” and take seriously what was coming.

By contrast, on Jan. 30, Trump was directly warned by his Health and Human Services secretary of the threat coronavirus posed. Trump dismissed this as “alarmist.”

And on Feb. 2, Trump boasted to Sean Hannity: “We pretty much shut it down, coming in from China.” He hailed our “tremendous relationship” with that country. Trump continued praising China’s handling of coronavirus all through the entire month of February.

So at the very least, Trump showed precisely the same credulity about China that Trump is now faulting the WHO for showing, but without appreciating the urgency of the international threat coronavirus posed to the degree that the WHO did.

As MSNBC’s Ari Melber aptly put it, these attacks on the WHO are “only calling attention to the fact that the WHO was ahead of President Trump.”

. . . .

Trump is attacking the WHO right now so we’ll talk about the WHO’s shortcomings, and not his own role in this catastrophe. But this blame-shifting utter nonsense, and no one should grant it the slightest shred of credibility.

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Greg Sargent
Greg Sargent
Opinion Writer
Washington Post

At the link, read Greg’s complete article which also dismembers Trump’s bogus claim that his “Chinese travel ban” had a major impact on deterring the spread of the pandemic. 

So, here’s what really appears to be happening as America’s national government disintegrates under Trump’s malicious incompetence. America is breaking up into a number of “Regional Federated States” which have banded together for mutual assistance under decisive governors, largely, but not exclusively Democrats. We already have one on the West Coast and one in the Northeast. I’d look for the governors of Virginia and Maryland and the Mayor of DC to perhaps form a “DMV Region” to manage the pandemic and the recovery.

That covers about 1/3 of the U.S. population and much of the economic and tax base. The rest of the states will have to limp along as best they can with governors largely in charge and trying to get as much help as they can from the sinking Federal ship by going around Trump and dealing with Pence, Fauci, and Birx. Everyone also counts on some help from the Fed, which isn’t immune from Trump’s blustering nonsensical attacks, but is largely beyond his control and therefore free of his blundering ineptness. 

There’s likely to be very bad news for the health and safety of those in states whose GOP governors have proved to be as inept and willfully blind as Trump and the rest of his kakistocracy. South Dakota is a prime example of what happens under a clueless GOP Governor.

Notably, most of the initial victims in South Dakota were Latinos working in the supposedly “essential” meat packing industry under conditions that clearly violated best health practices. The Governor claims that the plant would have remained open even under a “Stay at Home” order. Now, however, workers are sick and all those plants are closed anyway. The worst possible result. So, we’ll see how “essential” they really were. Perhaps if everybody had stayed home, the disease wouldn’t have spread and the plants could have reopened on a more limited basis with proper social distancing and protective equipment. And, if workers are really “essential,” why aren’t we looking out for their health, safety, and income protection?

Internationally, world leaders have long ago learned that Trump is incapable of leadership and that under him the U.S. is no longer a trustworthy or reliable partner. Nothing in Trump’s inept handling of the Pandemic in the U.S., his pathetic attempts to shift the blame elsewhere, and his incredibly stupid decision to stop funding the WHO would convince them otherwise. 

Sure, like the drunken bully/oaf in the bar, the “Trumped-up U.S.” throws its weight around in unpredictable ways and is too big to be ignored or easily removed from the premises. So, world leaders have figured out how to move on without the U.S. and hope to largely avoid the irrational acts of petty vengeance and retribution for which he is famous. 

Not a pretty picture. But, it will be even worse if we don’t remove Trump and the GOP from power in November.

Dana Milbank had a “spot on” assessment of “Captain Clown” 🤡 in today’s Post:

. . . .

Like Bligh, he is abusive. Unlike Bligh, he is a poor navigator. The Trump-as-errant-captain theme has been explored, delightfully, by novelist Dave Eggers in his recent allegory, “The Captain and the Glory”:

“He nudged the wheel a bit left, and the entire ship listed leftward, which was both frightening and thrilling. He turned the wheel to the right, and the totality of the ship, and its uncountable passengers and their possessions, all were sent rightward. In the cafeteria, where the passengers were eating lunch, a thousand plates and glasses shattered. An elderly man was thrown from his chair, struck his head on the dessert cart and died later that night. High above, the Captain was elated by the riveting drama caused by the surprises of his steering.”

So it is with our captain, who claims absolute authority but takes no responsibility. He announces he’s cutting off funding to the World Health Organization in the middle of the pandemic. He condemns the WHO for praising China’s transparency, even though he said in January he “greatly appreciates [China’s] efforts and transparency.” His conflicting messages about reopening the economy throw the country into confusion. He assembles so many coronavirus task forces that he will need another to keep track of them all. And after his long delayed and botched virus response, even now the number of tests in U.S. commercial labs is falling.

At Wednesday evening’s session, Trump turned the tiller randomly. After proclaiming the United States has “passed the peak” of the virus, he swerved into complaints about “partisan obstruction” holding up his nominees and threatened the never-before-tested “constitutional authority to adjourn both houses of Congress,” which would provoke another crisis in the middle of the pandemic.

He veered into complaints about the “disgusting”Voice of Americaand the “impeachment hoax.”He lurched into attacks on the World Trade Organization , various Democrats and governors generally, asserting that “we have the right to do whatever we want.”He accused the WHO of a conspiracy to hide the virusand boasted about his name going on government-issued relief checks: “People will be very happy to get a big fat beautiful check, and my name is on it.”

The ship has become accustomed to such unpredictable steering: He touts a virus treatment that so far shows more alarming side effects than efficacy. He announces virus-testing schemes that don’t exist. He talks about pardoning Joe Exotic. He blames everybody except his own administration, which is doing things very, very strongly and powerfully. “The Defense Production Act was used very powerfully, more powerfully than anybody would know, in fact, so powerfully that, for the most part, we didn’t have to officially take it out,” he proclaims.

[[The Opinions section is looking for stories of how the coronavirus has affected people of all walks of life. Write to us.]]

As the captain propounds powerful gibberish, the mutiny builds. Regional blocs make their own pandemic-recovery plans. Allies condemn his assault on the WHO. Republican Sen. Susan Collins (Maine) tells Politico that Trump has been “very uneven.” Even Trump-friendly outlets such as Fox News and the Wall Street Journal editorial page offer some criticism.

“WSJ is Fake News!” shouts the captain.

“What the hell is happening to @FoxNews?”

What’s happening, captain, is you’ve hit the rocks.

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

Dana Milbank
Dana Milbank
Opinion Columnist
Washington Post

Read Dana’s full op-ed here:

https://www.washingtonpost.com/opinions/captain-trump-hits-the-rocks/2020/04/15/e7643c32-7f57-11ea-9040-68981f488eed_story.html

End the Clown Show! 🤡🤡  This November, vote like your life depends on it! Because it does!

PWS

04-17-20

   

US EXPORTS CORONAVIRUS TO GUATEMALA — Trump Regime Doubles Down on Failed Deportation Policies With Predictably Deadly Results!

Patrick J. McDonnell
Patrick J. McDonnell
Mexico City Bureau Chief
LA Times
Molly O’Toole
Molly O’Toole
Immigration Reporter
LA Times
Cindy Carcamo
Cindy Carcamo
Immigration Reporter
LA Times

 

https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=b6dd1a0e-d915-4eca-b571-2200996d1e04&v=sdk

Patrick J. McDonnell, Molly O’Toole and Cindy Carcamo report for the LA Times:

MEXICO CITY — More than half the deportees flown back to Guatemala by U.S. immigration authorities have tested positive for coronavirus, the top Guatemalan health official said Tuesday.

Speaking to reporters in Guatemala City, Hugo Monroy, the minister of health, did not specify a time frame or the total number of deportees who had arrived home with infections.

But hundreds of Guatemalans have been returned in recent weeks, including 182 who arrived Monday on two flights from Texas.

Monroy said that on one flight — which he declined to identify — more than 75% of the deportees tested positive.

But he made clear this was not an isolated incident and said many deportees arrived with fevers and coughs and were immediately tested.

“We’re not just talking about one flight,” he said. “We’re talking about all the flights.”

In video later released by the government, Monroy contradicted his earlier statements and said he was referring to just one flight.

The Guatemalan Foreign Ministry said through a spokesman Tuesday that the “official” number of deportees diagnosed with COVID-19 is four, including one who arrived on one of the flights Monday.

A high number of infections among deportees would cast doubt on the official tally of how many of the more than 33,000 migrants in U.S. detention are infected. U.S. immigration officials have said that 77 have tested positive, noting that some of those may no longer be in custody.

The U.S. Department of Homeland Security did not respond to requests for comment.

. . . .

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

Read the rest of the article at the link.

For four decades, the U.S. has been deporting its problems to the poorest and most unstable countries in Central America. Gangs such as MS-13 and the 18th Street Gang actually originated in Los Angeles and were “exported” to Central America. Once there, they flourished, grew more powerful, became “de facto governments” in some areas, and instituted a reign of terror and persecution that sent hundreds of thousands of new refugees fleeing north to the United States over the years.

Now, Trump and his cronies once again believe that often illegal and irresponsible deportations to the Northern Triangle countries will allow us to escape accountability. But, it won’t. 

Irresponsibly spreading disease in poor countries where public health services are dismal at best will eventually have consequences throughout the Americas. And, we will not be immune from the long-term effects of empowering the Trump kakistocracy and its White Nationalist cronies. What goes around come around. Neither wealth nor arrogant ignorance will save us from paying a price for our lack of concern for humanity.

Due Process Forever! Malicious Incompetence Never!

PWS

04-15-20   

TIMING IS EVERYTHING: DURING CRISIS, BIA MAKES TIME FOR A LITTLE GRATUITOUS CRUELTY: What Could Be Better During Worldwide Pandemic & Humanitarian Disaster Than An Attempt To Narrow The Criteria For Cancellation & Deport To Guatemala A Long-Time Resident With Five U.S.C. Kids, Three With Health Issues, & An LPR Mother With Hypertension? — Matter of J-J-G, 27 I&N Dec. 808 (BIA 2020)

https://www.justice.gov/eoir/page/file/1264601/download

Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020)

BIA HEADNOTE:

1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of a qualifying relative, an applicant needs to establish that the relative has a serious medical condition and, if he or she is accompanying the applicant to the country of removal, that adequate medical care for the claimed condition is not reasonably available in that country.

(2) The Immigration Judge properly determined that the respondent did not establish eligibility for cancellation of removal because he did not demonstrate that his qualifying relatives will experience hardship, including medical, economic, and emotional hardship, that rises to the level of exceptional and extremely unusual.

PANEL: MALPHRUS, Acting Chairman; CREPPY and CASSIDY, Appellate Immigration Judges

OPINION BY: Judge Garry D. Malphrus, Acting Chairman

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

Getting beyond the BIA’s disingenuously rosey description of life in Guatemala, here’s what really happens to families sent back to Guatemala in the “time of plague.” https://www.theguardian.com/us-news/2020/apr/02/deported-coronavirus-ice-family-separations?CMP=Share_iOSApp_Other

Here’s an excerpt:

María looked for work as a waitress as soon as she arrived. She knocked on the doors of 15 restaurants and was rejected each time. “Right now, no one is hiring workers, they’re firing people,” María said. Under the lockdown, she has had to put her search on hold.

María’s options in Guatemala are limited, particularly since it is not safe for her to go back to her home town. She and her little girl fled Guatemala for the US in late 2018 after the same gang that murdered María’s entire family over a land dispute, including the little girl’s mother, killed María’s partner and shot at María. Last summer, a US immigration judge found María’s account credible but decided her case did not meet the narrow legal standard for asylum. María filed an appeal but could no longer endure being locked up away from her niece. Because she was not the girl’s biological mother, Ice refused to release her from detention to reunite the family. After nearly a year apart, María requested deportation with the hope she and the girl could return together.

“It was notably easier for Ice to concede the bona fides of the relationship between María and her niece when removal to Guatemala was the goal,” said Suzannah Maclay, María’s attorney.

‘It is beyond cruel’: Ice refuses to reunite girl with the only family she has left

María was craving freedom after so long in detention but still finds herself spending her days inside. She wants her niece to go to school and get the education she never got. She feels restless, unable to start building a better life for them both. “I can’t do anything,” she said.

She believes the gang that murdered her family still wants to kill her, and she is always fearful they will discover she is back. She doesn’t want her niece to grow up alone. She tries to give the girl a sense of security, but the truth is hard to hide. “Why did they send us here?” the girl asked her upon arriving in Guatemala. “It’s too dangerous.”

As María and her child focus on day-to-day survival, they are also trying to heal from the trauma of their separation. Sometimes the girl tells María about foster care in New York. The stories are hard to hear. The girl describes getting her hands slapped when she touched things or being scolded in restaurants. “They humiliated her,” María said.

“Mami, I missed you so much,” the girl tells her. “I don’t ever want to be apart again.” María responds with a promise: “This won’t happen again.”

Now, a real appellate court, with qualified judges acting independently, might have used this as an opportunity to direct that Immigration Court hearings in all “non-criminal” cancellation of removal cases be deferred until such time as we can understand what is actually happening in Guatemala and other countries after the worldwide pandemic is brought under control. 

After all, the situation is rapidly evolving. Or, I should say devolving! What’s the purpose of holding “trials” on conditions in foreign nations that are likely to change materially on a weekly or even daily basis? 

Just look at the difference between the impact of the coronavirus in the United States one month ago and what is happening today. A month ago, folks were strolling the beaches of Florida and our President was basically minimizing the potential impact. Now there are over 10 million Americans out of work, three-fourths of the country under “stay at home” orders (except for Immigration Court), with nearly 200,000 reported cases, and “best case” predictions of several hundred thousand deaths! 

So, why would any rational person think, like the BIA does, that things will be “hunky dory” for those deported to Guatemala, particularly if they choose to take their U.S.C. children? Why would a poor corrupt country with a limited economy and few resources fare better than the world’s richest nation in weathering this crisis? When hospitals are breaking down all over the U.S., why would health care be readily available to recent returnees in Guatemala? With 10 million out of work here, why would jobs to support a family of five be readily available in Guatemala?  The BIA’s decision in this case is as “counterfactual” as it is needlessly cruel!

Looking at it from a factual, legal, public health, or humanitarian viewpoint, the BIA’s timing and decision in this case were totally irresponsible.

We need an independent U.S. Immigration Court with better, more responsible, and more humane judges.

Due Process Forever! Captive Courts Never!

PWS

04-02-20

WITH A BLITHERING IDIOT CALLING THE SHOTS AND THE RIGHT-WING’S VILEST OF THE DUMB EGGING HIM ON, AMERICA CAREENS TOWARD A HEALTH CATASTROPHE WITH NO COHERENT PLAN! — Tuning Trump Out & Could Be Our Only Hope!

Sanjana Karanth
Sanjana Karanth
Politics Reporter
HuffPost

https://www.huffpost.com/entry/trump-claims-more-death-with-economy-shutdown-than-coronavirus_n_5e7950cfc5b63c3b6495df4c

Sanjana Karanth reports for HuffPost:

President Donald Trump’s insistence on downplaying the coronavirus risks reached dangerous levels Monday as he scoffed at medical advice and threatened to open up the economy despite skyrocketing case numbers.

At the White House’s daily coronavirus briefing, the president focused on wanting to reopen businesses very soon despite global guidance to essentially shut down societies and encourage people to stay home.

“It’s bad, and obviously the numbers are going to increase with time, and they’re going to start to decrease, and we’re going to be opening our country up for business because our country was meant to be open,” Trump said, despite the rising COVID-19 death toll.

The U.S. saw confirmed cases rise to more than 41,000 on Monday, with nearly 600 deaths, according to the Johns Hopkins medical school’s coronavirus resource center. World Health Organization Director Tedros Adhanom Ghebreyesus said Monday that the pandemic is actually accelerating ― stressing that it took 67 days from the first reported case to reach the first 100,000 cases, 11 days for the second 100,000 cases and just four days for the third 100,000 cases.

. . . .

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

Yeah, that corrupt GOP vote to acquit could turn out to seal the fate of millions of Americans. With no plan, no brains, and no coherent strategy, you just have to hope you and those you love won’t be among Trump’s victims. 

The markets should love chaos and death. But the problem is in Italy other places, they can’t even have funerals. So even “death stocks” might not be a good investment.

Wow! Talk about “malicious incompetence.” Trump is certainly leading the charge!

PWS

 

03-23-20

BEWARE AMERICA: TRUMP IS USING HIS STUPID & BUNGLED CORONAVIRUS RESPONSE AS THE “REICHSTAG FIRE” THAT WILL BURN UP OUR CONSTITUTION!

https://www.huffpost.com/entry/trump-coronavirus-borders_n_5e6a530ec5b6dda30fc4be6e

Jessica Schulberg
Jessica Schulberg
Politics & Extremist Groups Reporter
HuffPost

Jessica Schulberg reports for HuffPost:

During his first address to the nation on the global coronavirus pandemic, President Donald Trump characterized COVID-19 as a “foreign virus” while touting his decision to institute travel restrictions with China and announcing plans to close the U.S. to visitors from most of Europe.

Meanwhile, he has been raked by critics — and the markets — for failing to thoroughly explain how the government plans to address the lack of tests and spiking number of cases across the U.S. His administration has for weeks downplayed the threat of the virus, even as experts warned it is on track to spread exponentially.

Trump clearly sees the novel coronavirus as just another foreign invader to keep out — a viewpoint reflected both in his policy proposals and the way he and his administration talk about the virus. This approach is in line with his overarching political strategy of exploiting Americans’ fears to justify racist, nativist policies.

“This is the most aggressive and comprehensive effort to confront a foreign virus in modern history,” Trump said Wednesday about his administration’s response while blaming the European Union for failing to take steps to prevent contagion. Several European countries have fewer cases of coronavirus per capita than the U.S.

It’s not just Trump. Health and Human Services Secretary Alex Azar repeatedly referred to the disease as the “China coronavirus” during a briefing last month. Anti-immigration zealot Rep. Paul Gosar (R-Ariz.) — who is in self-quarantineafter being exposed to coronavirus at the Conservative Political Action Conference in Maryland — has gone out of his way to describe the virus as the “Wuhan virus,” a reference to the location of the first outbreak.

When Gosar’s critics argued that the congressman shouldn’t spread racist stereotypes, Rich Lowry, the editor of the right-wing National Review, wrote an entire column insisting the illness be called the “Wuhan virus.” “China deserves to be connected to the virus that it loosed on the world,” he argued.

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

For those who don’t know the history, the “Reichstag Fire” in 1933 was a pivotal step in the Nazi’s rise to power in Germany. At the time, Hitler blamed Communists. The actual cause of the fire has since been debated by historians: some say the Nazis started it themselves, while others say that it was an accident, or the act of a single arsonist.

Regardless of cause, all agree on the result. Hitler used it as a pretext to eradicate the constitution, punish the opposition, and place draconian authoritarian measures in place using the fiction of “national security.” This eventually led to the Holocaust and a World War that killed approximately 75 million.

Fact is that the coronavirus isn’t “foreign.” Viruses don’t possess or recognize nationality. Nor was it spread in the U.S. primarily by “foreigners.” Most cases initially reached the U.S. through U.S. citizens who took cruises or traveled abroad after the start of the virus abroad had been publicized. 

Mexico, a frequent target of the Trump regime’s racism, has reported fewer than ten confirmed cases of coronavirus, as opposed to over 1,000 in the U.S. The Northern Triangle of Central America also appears to have avoided major outbreaks to date. On the other hand, the illegal and inhumane anti-asylum policies of the regime, as enabled by the Supremes and complicit Article III Courts, appear to present a realistic danger of spreading the virus to all of those countries which are ill-equipped to handle it.

The market as well as all medical experts recognized and reacted negatively to the idiocy of Trump’s Oval Office speech. The U.S. preparation, public education, and actual response to coronavirus has been one of the poorest and most inept in the world to date. To the extent that the U.S. has mitigated the disease, it has been largely the result of decisive actions by State Governors and local officials of both parties, although primarily Democrats, along with universities and sports leagues.

Expect Trump and his White Nationalists to use the danger to our public health that he didn’t cause, yet unnecessarily aggravated, as an excuse for more irrational, cruel, xenophobic, racist attacks on migrants. And, you can expect the “Chief of Complicity,” John Roberts, and his accomplices to continue to help promote Trump’s attack on human decency, truth, and our democratic institutions. John Roberts has never seen a transparently false “emergency” from Trump that he didn’t love or racism or religious bigotry so obvious that he would actually call it what it is.

Incompetent governance by a corrupt, selfish kakistocracy that promotes myths and conspiracy theories over truth, scientific knowledge, and the common good does not cause epidemics. But, it does unnecessarily aggravate them, hinder effective control, and gravely endanger the public health. It simple terms, it kills! Yet another reason why “regime change” in November might be America’s last chance for survival.  

The coronavirus has surfaced perhaps the only competent high level official in the entire Trump Administration — Dr. Anthony Fauci. In case you haven’t noticed, there is no resemblance whatsoever between the scientific truth spoken by Dr. Fauci, who paints a honest but grim picture of the Administration’s half-assed efforts to date, and the unadulterated BS and party line spouted by Trump and the second most unqualified individual in the U.S. to handle a pandemic Mike “Super Sycophant” Pence. Talk about a “Confederacy of Dunces!” I’m just surprised that Trump hasn’t fired Fauci yet, given the well-known Trumpian aversion to all things true.

I’ve watched the smirking nitwit Rich Lowry of the National Review (too) many times on the “talking heads” where he is a favorite because he is one of the few Trump apologists who can put two consecutive sentences together in the English Language. Most of what he says is BS, but at least it’s comprehensible and reasonably articulate BS. And, despite the endless smirk, he isn’t as overtly rude and aggressively crude as most Trumpists. Jessica’s article confirmed my already low opinion of Rich. As Rome burns, by all means, let’s pontificate on what we should call the fire.

Still don’t believe we have “malicious incompetents” in charge? Check out the latest from the L.A. Times on how the regime is stiffing states, screwing the poor, and spreading disease and potential death by blocking states from using Medicaid to respond to the coronavirus. https://www.latimes.com/politics/story/2020-03-13/trump-administration-blocks-states-use-medicaid-respond-coronavirus-crisis

It’s never good to be governed by the malicious, stupid, and cruel in a time of crisis. Kakistocracy has consequences!

PWS

02-13-20

U.S. DISTRICT JUDGE LYNN S. ADELMAN CHANNELS “COURTSIDE” — BLASTS ROBERTS & COMPANY FOR AIDING THE FORCES SEEKING TO DESTROY OUR DEMOCRACY — “Instead of doing what it can to ensure the maintenance of a robust democratic republic, the Court’s decisions ally it with the most anti-democratic currents in American politics,”

Fred Barbash
Fred Barbash
Legal Reporter
Washington Post

 

https://www.washingtonpost.com/nation/2020/03/11/lynn-adelman-roberts-trump/

Fred Barbash reports for the WashPost:

Lynn S. Adelman, a U.S. district judge in Milwaukee, has riled conservatives by publishing a blistering critique of the Supreme Court’s record under Chief Justice John G. Roberts Jr., focusing on a string of decisions that he argues have fostered “economic inequality,” “undermined democracy” and “increased the political power of corporations and wealthy individuals” at the expense of ordinary Americans.

Adelman also criticized President Trump, who he wrote ran as a populist but failed to deliver “policies beneficial to the general public. … While Trump’s temperament is that of an autocrat,” Adelman wrote, “he is disinclined to buck the wealthy individuals and corporations who control his party.”

The article by Adelman was all the more unusual because it went after the chief justice directly. Roberts, he said, was “misleading” in his 2005 confirmation hearing testimony when he pledged to be a passive “umpire” calling balls and strikes.

Adelman called that metaphor a “masterpiece of disingenuousness,” saying the court under Roberts “has been anything but passive” as its “hard right majority” has actively participated in “undermining American democracy.”

As president, Donald Trump has repeatedly accused federal judges of being political and beholden to the presidents who appointed them. (JM Rieger/The Washington Post)

The article, entitled “The Roberts Court’s Assault on Democracy,” is scheduled for publication in an unspecified forthcoming issue of the Harvard Law & Policy Review, which describes itself as the official publication of the liberal American Constitution Society. It was published in full at SSRN this month.

Adelman, appointed to the bench by President Bill Clinton in 1997, is a former Democratic state senator in Wisconsin and Legal Aid Society trial lawyer. Perhaps his best-known decision nationally was a 2014 ruling striking down Wisconsin’s voter ID law. 

His broad critique of the Roberts court, with particular reference to its decisions on voting rights and campaign finance by corporate interests, is not an uncommon one — coming, that is, from liberal scholars or political leaders, including former president Barack Obama.

But coming from a sitting federal judge in a journal article accompanied by such a blunt attack on Roberts, not to mention Trump, it has attracted uncommon attention.

. . . .

**********

Read the complete article at the link.  

So I’m not the only one to note the Chiefie’s “Taneyesque” performance, particularly on issues involving the rights of migrants, refugees, Muslims, and other persons of color. He has joined the regime in “Dred Scottifying” those with brown skins who are entitled to the protection of our Constitution and our laws, which Trump has eliminated without legislation, relying largely on transparently fraudulent “national security rationales.”  

But, Roberts hasn’t been much good for African Americans or other minorities either, joining his right winger activist colleagues in disingenuously dismantling key parts of civil rights and voting rights protections and turning an intentionally blind eye to partisan gerrymandering carried out by the GOP to disenfranchise minorities. Election results get skewed and folks actually die as a result of these intentional miscarriages of justice to further a toxic right wing agenda aimed at destroying America’s democratic institutions, promoting inequality, and institutionalizing privilege. As Judge Adelman said “the transformation of the Supreme Court from what he described as a defender of ordinary people and ‘subordinated groups’ to an enabler of an ‘anti-democratic’ Republican agenda.” Right on, Judge A!

I also found this comment telling:

Adelman was unapologetic. “I think it’s totally appropriate to criticize the court when there’s a basis for it,” he said. “Judges are encouraged to comment on the law because we have a particular interest, knowledge and familiarity.”

Compare that with the “muzzling” of the Immigration Judiciary by the Executive reported recently on Courtside. https://immigrationcourtside.com/2020/03/03/🤡🤡clown-court-report-as-due-process-goes-into-death-spiral-regime-muzzles-immigration-judges/

And, as I constantly point out, the Immigration Courts aren’t “courts” at all. They are blatantly unconstitutional “star chambers” run by the Executive Branch with the complicity of the Article III Judiciary who see their work daily and know full well that they are often “rubber stamping” final orders sending folks into potentially life-threatening exile with only a transparently thin veneer of “due process.” But, according to Roberts and his gang, brown-skinned refugees aren’t entitled to even access this process in a reasonable manner, let alone receive the fair hearings to which they are entitled before being “orbited” to potential death in foreign lands. What if it were his wife and kids? I’ll bet their lives would get more consideration.

I also appreciate Judge Adelman’s “spotlighting” the disingenuous testimony of Roberts and other right wingers under oath before the Senate when they “feigned impartiality” to disguise their anti-democracy agenda (without, of course, losing the support of the rightest Republicans who were “licking their chops” at finally getting their long-awaited “judicial wrecking crew” in place).

As one of my esteemed Round Table colleagues said recently:  “In the words of Balzac, ‘to distrust the judiciary marks the beginning of the end of society.’”

Unhappily, thanks to Roberts and other complicit Article IIIs, we’re there. Which is exactly how Trump and his supporters want it!

In reality, judges were among those inside Germany who might have effectively challenged Hitler’s authority, the legitimacy of the Nazi regime, and the hundreds of laws that restricted political freedoms, civil rights, and guarantees of property and security. And yet, the overwhelming majority did not. Instead, over the 12 years of Nazi rule, during which time judges heard countless cases, most not only upheld the law but interpreted it in broad and far-reaching ways that facilitated, rather than hindered, the Nazis ability to carry out their agenda.

 

United States Holocaust Museum, Law, Justice, and the Holocaust, at 8 (July 2018)

How soon we forget!

So much for the bogus ”passive “umpire” calling balls and strikes.”

Due Process Forever! Complicit Courts Never!

PWS

03-11-20

POLITICS: DANIEL DENVIR @ LITERARY HUB: The Case Against Immigration Centrism – Liberals Inevitably Get Co-Opted Into “Nativism Lite” & The Result Is Donald Trump & His Overtly White Nationalist GOP!

Daniel Denvir
Daniel Denvir
American Journalist

https://apple.news/ASCSwefgISM2mLjzRVdJeWQ

 

When It Comes to Immigration, Political Centrism is Useless

With Trump in office, things can seem absurdly bleak. But after Republicans lost the House, it became clear that Trump’s first two years were for nativists a critical opportunity to reshape the contours of the American demos. And they blew it: Republicans had total control of government yet legislative cuts to legal immigration went nowhere. Meanwhile, Democratic voters are moving sharply left in the face of accelerating Republican extremism. The percentage of Americans calling for a decrease in legal immigration has plummeted since the early 2000s—particularly but not exclusively among Democrats. Indeed, since 2006 Democratic voters have swung from a strong plurality supporting legal immigration cuts to a stronger plurality backing increased legal immigration.

In promoting attacks on “illegal immigration” and militarizing the border, establishment politicians from both major parties inflamed popular anti-immigrant sentiment. But they helped move the Overton window so far right that it snapped loose of its bipartisan frame, prompting vociferous resistance on the left. The war on “illegal immigrants” was based on a bipartisan consensus. It is becoming very partisan. That’s good.

As nativists well know, immigration means that we the people is increasingly made up of people who don’t look like Trump and his base. And they correctly worry that immigration is driving a large-scale demographic transformation that could ultimately doom the conservative movement—a prospect that the most honestly racist figures on the far-right call “white genocide.” Non-white people disproportionately vote Democrat—a trend gravely exacerbated by unconstrained Republican racism that has alienated even wealthy and economically conservative non-white people. Demographics aren’t destiny. But thanks to the foundational role that racism plays in American capitalism, they do mean quite a bit.

In August 2019, Trump finally implemented an aggressive attack on legal immigration, expanding the definition of what makes an immigrant “likely to become a public charge” and thus excludable from the country.28 The rule further empowers immigration officers to deny entry to poor and working-class immigrants, particularly from Latin America, or to deny immigrants already in the country a green card. The rule radically expands a provision of US immigration law dating back to the Immigration Act of 1882 and, before that, to New York and Massachusetts’s enforcement targeting Irish paupers. The Migration Policy Institute predicts that the rule “could cause a significant share of the nearly 23 million noncitizens and U.S. citizens in immigrant families using public benefits to disenroll.” And visa denials under Trump had already skyrocketed before the new rule was in place.

It is unclear how profoundly the rule will reshape either the size or the class, national, and racial makeup of legal immigration. But regardless, the new rule is a reflection of Trump’s inability to secure cuts or changes to legal immigration in Congress. The rule will very likely be rolled back under even a milquetoast Democratic president. The same holds true with Trump’s deep cuts to refugee admissions, and the draconian proposal pushed by some in his orbit to cut admissions to zero. Trump is effectively terrorizing migrants in the present but failing to secure the enduring legislative change that would outlast his presidency.

There is no majority constituency today for enacting such legislation—nor any viable institutional vehicle for it. Whatever opportunity existed to leverage a white-grievance-fueled presidency toward a full nativist program has faded even as the right clings to power thanks to the system’s profoundly anti-democratic features. The left is nowhere near winning. But it is at long last emerging as a real force in clear conflict with both the Trumpist right and the center that facilitated its rise.

For Bill Clinton, Hillary Clinton, Obama, Biden, Feinstein, Schumer, and a host of other Democrats, a measure of nativism was useful. Quite a bit more than that has proven necessary for Republicans. But too much nativism is a problem: no rational capitalist favors shutting out exploitable migrant labor. As Karl Marx wrote in The Eighteenth Brumaire, political stances that seem rooted in principle are in reality founded—if often in indirect, unconscious, and obscure ways—in “material conditions of existence.” This is no doubt the case here.

The United States has undergone decades of enforcement escalation, fashioning a useful scapegoat for neoliberalism and empire while maintaining a segmented labor market. But business frequently lost too, most spectacularly with the repeated defeat of comprehensive immigration reform. Business wants the undocumented to be legalized and guest workers who provide the benefits of undocumented labor without the risk. But what perhaps best reflects—but by no means exclusively reflects—the power of business is what hasn’t happened: deep legislative cuts to authorized immigration have been consistently off the table for more than two decades. This has been the case since the 1996 legislation to slash legal immigration was defeated in favor of a law to persecute undocumented immigrants and “criminal aliens.” The immigration debate has taken on a bizarre and contradictory life of its own. The unspeakability of cuts to authorized immigration, and the failure to impose effective employer sanctions and employment verification systems reveal that immigration policy was still tethered, narrowly but firmly, to the interests of capital. With Trump, full nativism is spoken. But substantial immigration reductions still cannot pass Congress.

A full examination of the complex role of business, the rich, and their various factions during the past two decades of immigration politics is yet to be written. Some of its basic contours, however, are clear. For one, the capitalist class has become recklessly polyphonic. Lumpen-billionaires like the Mercer family and the Koch brothers have spent vast amounts to promote their ideologically distinct priorities rather than those of the collective. The Tanton network is a case in point: it received more than $150 million since 2005 from the Colcom Foundation, founded by the late Mellon heir Cordelia Scaife May. Ironically, independent right-wing oligarchs who pursue idiosyncratic agendas now rival the Chamber of Commerce for influence thanks to the policy achievements of groups like the Chamber of Commerce, which helped those oligarchs make and keep their billions. But does establishment big business even care about immigration anymore?

Political scientist Margaret Peters argues that productivity gains and globalization’s facilitation of an overseas supply of low-wage labor has led to a lessening of business’s need for immigrant workers, resulting in more restriction. The evidence for this, however, is mixed. On the one hand, business has not won a major legislative expansion of immigration since 1990. But it has also not suffered a major defeat. What’s clear is that business can tolerate border security theatrics and the demonization of “criminal aliens,” and is content to exploit undocumented workers. As anthropologist Nicholas De Genova writes, “It is deportability, and not deportation per se, that has historically rendered undocumented migrant labor a distinctly disposable commodity.”34 Business opposes dramatic cuts to authorized immigration, effective employer sanctions, and mandatory employee verification. Business prefers legalization, but that doesn’t rival priorities like tax cuts and deregulation; if it did, business would abandon the Republican Party. The roles played in immigration politics by business interests with various and often bipartisan attachments require further research, which will in turn help to clarify the woefully under-studied sociology of ruling class power more generally.

Meanwhile, business’s hold on the Democratic Party has come under intense assault. The war on “illegal immigrants” that accelerated in the 1990s is facilitating a realignment of left-of-center politics in favor of a diverse, immigrant-inclusive working class in opposition to war, neoliberal oligarchy, and hard borders. The post–Cold War dominance of carceral neoliberalism had made such a popular coalition impossible; the exhaustion of that model signaled by the 2008 crisis has made it astonishingly credible. Record deportations and a radicalizing racist right triggered a revolt among the Democratic Party’s young and increasingly diverse base. That base has along with much of American public opinion moved to perhaps the most staunchly pro-immigrant position in American history—and, in doing so, toward a radically inclusive vision of the American working class. Amid a post-Recession boom in labor militancy, that portends trouble for the entire political establishment and the racist and oligarchic order it protects.

Trump’s election set that trajectory into overdrive, rendering opinions on immigration a basic proxy for one’s partisan allegiance. Border militarization that once garnered bipartisan support is now the polarizing Wall. Obama’s brutal migrant detention centers have under Trump been labeled “concentration camps.” The number of Republicans who believe that the United States risks losing its national identity if the country welcomes immigrants from the world over has increased since Trump’s election.35 At the same time, Democrats have become more hostile to enforcement. In 2010, 47 percent of Democrats said that they equally prioritized a pathway to legalizing undocumented immigrants and “better border security and stronger enforcement of immigration laws,” while just 29 percent prioritized a pathway to legalization alone. By 2018, the number prioritizing legalization alone skyrocketed to 51 percent. As the war on immigrants kicked into high gear in 1994, just 32 percent of Democrats and 30 percent of Republicans agreed that immigrants strengthened the country. By 2016, the share of Democrats who said so had surged to 78 percent.

Extreme polarization, the establishment’s bête noire, is in fact the only solution to the long-standing bipartisan agreement that immigration is a problem for enforcement to solve. Demanded and rejected, oppressed and expelled, this country’s many others have long insisted that the promise of American freedom, designed for if never truly delivered to white settlers, belongs to them too because they too are the people. And contrary to what Trump’s presidency might suggest, a growing number of Americans agree and are turning against nativism and war. Racism is, as the remarkable number of Americans embracing socialism understand, an obstacle to freeing everyone.

The issue of borders is, in turn, a simple one in principle for socialists: borders are a nationalist enterprise and thus incompatible with an internationalist workers’ creed. Migration is a symptom of social violence when it is compelled by poverty, war, or climate change. But moving to faraway and strange places is often a beautiful journey too, one nurtured by love, adventure, and the drive for self-determination and realization. Migration should be free and the choice to migrate should be freely made. The border does not protect Americans against cultural change, economic insecurity, and terrorism. It bolsters a system of global inequality that harms people everywhere by dividing them.

Even with public opinion moving rapidly to our side, border controls will not fall anytime soon. To chip away at them, we must understand their historical particularity. The legal right to travel was, for most white people, a basic one for much of American history. It remains so for wealthy people, particularly those with passports from rich countries. Border controls arose in the United States not out of any neutral law enforcement principle but to exclude Asians, Jews, Italians, Latinos, blacks, Muslims, and other Others in the service of an exploitative and expansionist empire. Our land borders began to harden only alongside the rise of industrial capitalism, and were only militarized in recent decades.

If Democrats stick to the center on immigration, they will find themselves fighting on two fronts. A fight against Republicans, with the left at their back, will be far easier to win—and a more noble victory. Simple realism dictates that no legislation to grant citizenship to millions will be passed until Republicans are defeated. There’s no use trying to appease them. The bipartisan consensus supporting harsh immigration and border enforcement has fractured. Democratic elected officials need to catch up or be defeated too. It’s the task of the left to accelerate the nascent split, demanding radical reforms that correspond to our dream of a world where no human being is illegal. We must transform nation-states so that they no longer divide workers but instead are conduits for the democratic control of our social, economic, political, and ecological futures.

We must urgently develop demands for policies that will not create an open border overnight but a radically more open border soon. The border must be demilitarized, which would include demolishing the hundreds of miles of already existing wall and dramatically downsizing the Border Patrol. Criminal sanctions on illegal entry and reentry and the public charge rule must be repealed. Links between ICE and local law enforcement created by Secure Communities and 287(g) must be broken. Opportunities for legal immigration, particularly from Mexico and Central America, must be expanded. The right to asylum must be honored. And citizenship for those who reside here must be a stand-alone cause, unencumbered by compromises that are not only distasteful but also politically ineffectual—and that today would provoke opposition from both the nativist right and the grassroots left.

 

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

The nativists start with lies, myths, and distortions. The liberals start with truth and humane values. They used to meet in the “center right” which is “nativism lite” and bad news for migrants and for humane values.

 

With some logic, Denvir argues that the nativist right has now come “out of their shell” and just advocates against all foreigners and for maximum human cruelty.  In other words, complete dehumanization and abandonment of the common good: A trashing of the “Statute of Liberty” (see, e.g., Stephen Miller & “Cooch Cooch”) and an obliteration of the real, diverse America, a nation of immigrants, in favor of a mythical “Whitbread” version that never really existed (as American has always been heavily reliant on the labor of non-white immigrants — but they often were intentionally kept without social standing or political power).

 

In many ways, the right’s abandonment of the “pro-immigration, anti-illegal immigration” false narrative frees liberals to explore more robust, realistic immigration policies that would serve the national interest, recognize the truth of American as a rich and diverse nation of immigrants, and, perhaps most helpfully, sharply reduce the amount of time, effort, and goodwill squandered on ultimately unrealistic and impractical immigration enforcement schemes and gimmicks (see e.g., “The Wall” & “The New American Gulag”). In that context, immigration enforcement could be rationalized and made more efficient to serve the actual national interests rather than the political (and sometimes financial) interests of the far-right nativist minority.

 

Interesting thoughts to ponder.

 

PWS

 

01-17-20

WHEN ARTICLE III COURTS FAIL: U.S. “Orbits” Refugee Families To Dangerous Chaos In Guatemala Under Clearly Fraudulent “Safe Third Country” Arrangements As Feckless U.S. Courts Fail To Enforce Constitutional Due Process & U.S. Asylum Laws In Face Of Trump Regime’s Contemptuous Scofflaw Conduct!

yhttps://www.washingtonpost.com/world/the_americas/the-us-is-putting-asylum-seekers-on-planes-to-guatemala–often-without-telling-them-where-theyre-going/2020/01/13/0f89a93a-3576-11ea-a1ff-c48c1d59a4a1_story.html

Kevin Sieff
Kevin Sieff
Latin American Correspondent, Washington Post

Kevin Sieff reports from Guatemala for WashPost:

By

Kevin Sieff

Jan. 14, 2020 at 4:21 p.m. EST

GUATEMALA CITY — The chartered U.S. government flights land here every day or two, depositing Honduran and Salvadoran asylum seekers from the U.S. border. Many arrive with the same question: “Where are we?”

For the first time ever, the United States is shipping asylum seekers who arrive at its border to a “safe third country” to seek refuge there. The Trump administration hopes the program will serve as a model for others in the region.

But during its first weeks, asylum seekers and human rights advocates say, migrants have been put on planes without being told where they were headed, and left here without being given basic instruction about what to do next.

When the migrants land in Guatemala City, they receive little information about what it means to apply for asylum in one of the hemisphere’s poorest countries. Those who don’t immediately apply are told that they must leave the country in 72 hours. The form is labeled “Voluntary Return.”

 

“In the U.S., the agents told us our cases would be transferred, but they didn’t say where. Then they lined us up to get on the plane,” said a woman named Marta, 43, from Honduras. She sat in a migrant shelter here with her 17-year-old son, who nursed a gunshot wound in his left cheek — the work, both say, of a Honduran faction of the MS-13 gang.

“When we looked out the window, we were here,” she said. “We thought, ‘Where are we? What are we supposed to do now?’ ”

After the volcano, indigenous Guatemalans search for safer ground — in Guatemala, or the United States

Human rights organizations in Guatemala say they have recorded dozens of cases of asylum seekers who were misled by U.S. officials into boarding flights, and who were not informed of their asylum rights upon arrival. Of the 143 Hondurans and Salvadorans sent to Guatemala since the program began last month, only five have applied for asylum, according to the country’s migration agency.

 

“Safe third country” is one of the Trump administration’s most dramatic initiatives to curb migration — an effort to remake the U.S. asylum system. President Trump has called it “terrific for [Guatemala] and terrific for us.”

But an Asylum Cooperation Agreement is bringing migrants to a country that is unable to provide economic and physical security for its own citizens — many of whom are themselves trying to migrate. In fiscal 2019, Guatemala was the largest source of migrants detained at the U.S. border, at more than 264,000. The country has only a skeletal asylum program, with fewer than a dozen asylum officers.

Trump wants border-bound asylum seekers to find refuge in Guatemala instead. Guatemala isn’t ready.

As the deal was negotiated, it drew concerns from the United Nations and human rights organizations. But its implementation, advocates say, has been worse than they feared.

“It’s a total disaster,” said Thelma Shau, who has observed the arrival of asylum seekers at La Aurora International Airport in her role overseeing migration issues for Guatemala’s human rights ombudsman.

“They arrive here without being told that Guatemala is their destination,” she said. “They are asked, ‘Do you want refuge here or do you want to leave?’ And they have literally minutes to decide without knowing anything about what that means.”

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President Trump and first lady Melania Trump meet in the Oval Office last month with then-President Jimmy Morales of Guatemala. (Jabin Botsford/The Washington Post)

The Guatemalan government says that it explains asylum options and that migrants are simply choosing to leave voluntarily.

“Central American people are given comprehensive attention when they arrive in the country, and respect for their human rights is a priority,” said Alejandra Mena, a spokeswoman for Guatemala’s migration agency. “The information provided is complete for them to make a decision.”

In Guatemala, lenders that were supported by USAID and the World Bank are now funding illegal migration.

The Department of Homeland Security did not respond to requests for comment. The United States has signed similar “safe third country” agreements with El Salvador and Honduras, but they have not yet been implemented. In recent days, Trump administration officials have said they are considering sending Mexican asylum seekers to Guatemala to seek refuge.

Human rights groups in Guatemala that have observed the process say migrants here are not given key information about their options — such as what asylum in Guatemala entails and where they would stay while their claims are being processed. Many migrants are aware that Guatemala suffers from the same gang violence and extortion that forced them from their home countries.

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Migrants from Guatemala disembark from a raft in Ciudad Hidalgo, Mexico, in June. (Rebecca Blackwell/Associated Press)

Paula Arana observed the orientation as child protection liaison for the human rights ombudsman.

“It’s clear that the government is not providing enough information for asylum seekers to make a decision, especially in the three minutes they are given,” she said. “Instead, they are being pushed out of the country.”

The United States had suggested that it would begin implementing the agreement by sending single men to Guatemala. But less than a month after it began, families with young children are arriving on the charter flights. Last week, Arana said, a 2-year-old arrived with flulike symptoms.

On Thursday, a man named Jorge, 35, his wife and two daughters, ages 11 and 15, landed here. A day later, they were clustered together at the Casa del Migrante, a shelter in Guatemala City where government officials took them in a bus. They had been given the papers with 72 hours’ notice to leave Guatemala, and couldn’t figure out what to do.

The family had fled multiple threats from gangs in Honduras, which started with an interpersonal dispute between Jorge’s wife and one of the gang’s leaders. Jorge was certain that going back would mean certain death. Like Marta, Jorge did not want his last name to be published out of fear for his family’s safety.

“We’re thinking about our options. We know we can’t stay here. What would I do? Where would we stay?” he said. “Maybe we need to try to cross to the United States again.”

In western Guatemala, cultivating coffee was once a way out of poverty. As prices fall, growers are abandoning their farms for the United States.

The Office of the U.N. High Commissioner for Refugees is not participating in the program. But officials say they’re aware of problems with its implementation.

“UNHCR has a number of concerns regarding the Asylum Cooperation Agreement and its implementation,” said Sibylla Brodzinsky, UNHCR’s regional spokeswoman for Central America and Mexico. “We have expressed these concerns to the relevant U.S. and Guatemalan authorities.”

 

Human rights advocates who have interviewed the asylum seekers, known locally as “transferidos,” say many have decided that their best option is to migrate again to the United States. Smugglers often offer their customers three chances to make it across the border.

Migrants at the Casa del Migrante described spending a week in Immigration and Customs Enforcement custody in the United States, where they had intended to make their asylum claims. Many carried binders full of evidence they assumed would bolster their cases. On her phone, Marta saved avideo of her son being tortured by MS-13 gang members.

But in their brief conversations with U.S. immigration officials, they were told they would not be given a chance to apply for asylum in the United States.

“We had all this information to show them,” Marta said, leafing through photos of her son’s scars and Honduran court documents. “They said, ‘That’s not going to help you here.’ ”

This school aims to keep young Guatemalans from migrating. They don’t know it’s funded by the U.S. government.

In interviews with The Washington Post, some migrants said they were told vaguely that their cases were being “transferred.” Others were told they were going to be returned to their countries of origin.

“One agent told me, ‘You’re going back to Honduras,’ ” Marta said. But then they arrived in Guatemala City.

“When we looked out the window, we just assumed it was a stop,” her son said.

Marta thought Guatemala might be even more dangerous. They had no connection to the country and nowhere to stay beyond their first few days. When she left the migrant shelter to buy food Friday morning, she said, she stumbled upon a crime scene with a dead body a few blocks away.

During their nine-day detention at an ICE facility in Texas, she said, the family shared a cell with a Guatemalan family that was fleeing violence perpetrated by a different MS-13 group based here.

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Agronomy students, some hooded, block a street outside a Guatemala City hotel before lawmakers voted on the deal that made Guatemala a “safe third country” for migrants seeking asylum in the United States. (Oliver De Ros/Associated Press)

“Why would they send us to a country where the same gangs are operating?” she asked.

 

In the absence of a thorough explanation of their asylum rights in Guatemala, El Refugio de la Niñez is offering a short tutorial to the asylum seekers. So far, 45 have attended.

“The Guatemalan government is completely absent in this whole process,” said Leonel Dubon, the director of the U.N.-funded center. “It sends a clear message. The government isn’t here to offer shelter, it’s here to push people out as quickly as possible.”

The Trump administration negotiated the “safe third country” agreement last year with lame-duck Guatemalan President Jimmy Morales.

As Guatemala pursues war criminals, a dark secret emerges: Some suspects are living quiet lives in the U.S.

Guatemala’s constitutional court initially blocked the deal. Then Trump threatened tariffs on the country and taxes on remittances sent home by Guatemalans living in the United States. It was eventually signed in July.

The new Guatemalan president, Alejandro Giammattei, was sworn in Tuesday. He has raised concerns about the agreement, saying he hadn’t been briefed on its details.

At the signing ceremony, Trump said it would “provide safety for legitimate asylum seekers, and stop asylum fraud and abuses [of the] system.”

U.S. asylum officers do not vet the cases of migrants before they are sent to Guatemala.

In her brief conversations with U.S. immigration agents, Marta tried to get them to look at her binder full of documents and photos.

“They weren’t interested,” she said. “They just kept saying that your case will be transferred to an institution that can handle it.”

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

Kevin writes about a tragically absurd situation that seems to have fallen “below the radar screen” of public outrage or even discourse. This is wrong! Most days I can’t believe that the county that I proudly served for more than 35 years is engaging in this type of abusive behavior that would be below the level of even some Third World dictatorships.

And, it isn’t just “occasional abuse” — it’s systemized, institutionalized abuse and dehumanization on a global and regular basis — all approved or de facto enabled by feckless and spineless Federal Appellate Courts, all the way up to the Supremes! These are folks who should know better and really have no other meaningful function in our “separation of powers” system other than to protect our individual rights. Authoritarian governments and dictators hardly need “courts” to enforce their will, even if some find it useful to “go through the motions” of creating and employing complicit “judges.” As one of my Round Table colleagues succinctly put it “there appears to be no bottom!”

Clearly, the “Safe Third Country” exception was never intended by Congress, nor does the statutory language permit it, to be used to “orbit” asylum applicants to some of the most dangerous refugee sending countries in the world with thoroughly corrupt governments and non-existent asylum systems. So, why does the Trump regime have confidence that it can and will get away with these atrocities? Because they believe, correctly so far, that the Article III Federal Courts, many of them now stacked with Trump’s hand-selected “toady judges,” are afraid to stand up to tyranny and protect the rights of desperate, mostly brown-skinned, asylum seekers.

Obviously, from an institutional standpoint, the Article III Courts are saying:

 “Who cares what happens to a bunch of brown-skinned foreigners. Let ‘em die, rot, or be tortured. Human rights, due process, and human dignity simply don’t matter when they don’t affect us personally, financially, or socially. That’s particularly true because the results of our abuses are taking place, thankfully, in foreign nations: out of sight, out of mind. Not our problem.”

Apparently, many Americans agree with this immoral and illegal approach. Otherwise, the “black robed, life tenured ones” would be pariahs in their communities, churches, and social interactions. They wouldn’t be offered those cushy teaching positions at law schools or a chance to expound before public audiences.

But, not speaking out against bad judges and not insisting on integrity and courage in the Article III courts could ultimately prove fatal for all of our individual rights. Judges who use their privileged positions to turn a blind eye to the oppression of others, particularly the most vulnerable humans among us, and the catastrophic failure of the rule of law and Due Process in  the U.S. immigration system can hardly be expected to stand up for the individual rights of any of us against Government oppression. 

After all, why should an exulted Federal Appellate Judge or a Supreme Court Justice care about what happens to you, unless your blood is about to spatter his or her pristine black robe? Many of those supportive of or complicit in Trump’s tyranny will personally experience the costs of a feckless Federal Judiciary when their “turn in the barrel” comes. And, the Trump regime’s list of those who’s “lives and rights don’t matter” is very, very long and continually expanding.

All I can say now is that some day, the full truth about what happens to those unlawfully and immorally turned away at our borders will “out.” Then, many Articles III judges will try to disingenuously protect their reputations by saying, similar to many judges of the Third Reich, “Gee, who knew,” or “I was powerless,” or “It was a political problem beyond our limited jurisdiction.”

My charge to the New Due Process Army: Don’t let the complicit judges get away with it in the “Court of History.” You see, know, and experience first-hand every day the results of Article III judicial complicity. Don’t ever forget what those judges have done and continue to do to human lives from their protected and “willfully clueless” ivory towers! Ultimately, you aren’t as powerless as the “complicit ones” think you are!

Due Process Forever; Feckless, Complicit, Immoral Federal Judges Never!

PWS

01-14-20 

  

ROGER ALGASE @ ILW.COM: How The Trump Regime’s Gross Immorality, Inhumanity, & Illegality Have Replaced America’s Moral Leadership On The World Stage!

Roger Algase
Roger Algase
Immigration Attorney
New York, NY

https://clicks.aweber.com/y/ct/?l=BXLvi&m=fxzs.sAL1oeaGWA&b=YSYqSh1DOxFOlVXvkRos2A

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ImmigrationLawBlogs started a blog post As asylum-seeker kills himself at the border, leading Jewish cleric condemns administration’s inhumanity toward desperate immigrants. Meanwhile, Trump ramps up hate for 2020 election By Roger Algase

01-10-2020, 09:08 AM

Update: January 11 1:42 pm:

For another viewpoint on the urgency of defeating Trump’s politics of hate against immigrants and other minorities in he upcoming election this November, see Kristian Ramos in The Hill (January 11):

We can’t let ‘white nativism’ politics cloud 2020 election

We can’t let ‘white nativism’ politics cloud 2020 election

Update: January 11 at 9:15 am:

Two late-breaking January 10 news stories show that Trump and his Republican allies are ramping up the hate against legal non-European immigrants in preparation for this November’s election.

The Washington Post reports that Texas has become the first state to bar resettlement of refugees under Trump’s executive order giving them the authority to do so. Admission to the UIS of legal refugees this year is already at an historic low under the agenda of Trump and Miller. Miller reportedly didn’t want to any refugees at all to be admitted this year.

For more on this latest show of bigotry by Texas Republican governor Greg Abbot, see:

https://www.washingtonpost.com/immigration/2020/01/10/texas-becomes-first-state-publicly-reject-refugees-under-trump-order

On the same day, The Guardian reports that Trump is planning to add unspecified additional countries to his infamous Muslim ban order.

https://www.theguardian.com/us-news/2020/jan/10/trump-travel-ban-expansion

Both of these developments, which involve barring legal immigrants whose ethnicity or religion doesn’t happen to fit in with Trump’s avowed goal of admitting only immigrants from “Countries like Norway” and with Miller’s goal (expressed in almost 1,000 recent emails) of taking America’s immigration system back to the openly racist 1924 regime (which Adolf Hitler expressed so much admiration for in Mein Kampf) show that exploiting and stirring up more hate against nonwhite immigrants, including those eligible to come to the US legally, will be the order of the day for Trump’s re-election campaign.

My earlier comment follows below:

While the media remain focused on Donald Trump’s apparently now-abandoned threat to commit a war crime by blowing up cultural heritage sites in Iran, as an end result of his dehumanizing 2017 Muslim Ban order; or on the travesty that Senate Republicans are planning in order to “acquit” Trump of cravenly timid Democratic impeachment charges which entirely ignore his High Crimes and Misdemeanors against the basic human rights of nonwhite immigrants, what could very arguably be considered a Crime Against Humanity that the Trump administration is carrying out against desperate asylum seekers at the Mexican border in service of Stephen Miller’s white supremacist agenda is growing worse and worse.

The Guardian reports on January 9 that an obviously desperate Mexican asylum-seeker killed himself on the international bridge after being refused entry to the United States.

https://www.theguardian.com/world/2020/jan/09/mexico-asylum-seeker-refused-us-entry

This may be less surprising than it seems in light of the appalling, inhuman conditions that legitimate asylum seekers fleeing gang violence and other life-threatening conditions in Central America are forced to endure as a result of Trump’s racist and inhuman (as well as almost certainly illegal) “Remain in Mexico” asylum policy. See Vox (December 20, 2019):

In camps on the US-Mexico border, asylym-seekers have been abandoned

https://www.vox.com/policy-and-politics/2019/12/20/20997299/asylum-border-mexico-us-io,-unhcr-usaid-migration-international-humanitarian-aid-m…

See also: Slate:

Trump’s tent cities are on the verge of killing immigrant children

https://slate.com/news-and-politics/2019/12/trump-tent-cities-mpp-killing-immigrant-children.html

This horrendous display of inhumanity by the Trump administration as led to a protest by a leading Jewish religious leader, Arnold Eisen, Chancellor of the Jewish Theological Seminary (in New York City) America’s leading institution for the Conservative branch of Judaism against what he calls America’s failure to carry out its moral obligation toward desperate asylum seekers and immigrants and other immigrants. See, The Hill, January 9:

https://the hill.com/opinion/immigration/477577/-our-moral-obligation-to-us-migrants-and-asylum-seekers

After visiting overcrowded immigrant border shelters , an ICE detention center and an asylum hearing courtroom along with other Jewish clergy, Eisen writes:

“What we saw was profoundly sobering. The predicament of those trapped at the Mexican border looks increasingly bleak as the federal government enacts more restrictive policies in the name of protecting Americans from the alleged invasion.”

Eisen then explains what motivated him to write:

“When people asked me why I was making this journey, my answer was simple: ‘Because I am a Jew.’ My grandparents arrived in this country seeking a better life, in some cases fleeing pogroms and persecutions, and the Torah’s command to care for the stranger summons me in a voice I dare not ignore. The Bible tells us that Jews are not permitted to stand by in the face of suffering and injustice.”

He then explains that this is not only a Jewish issue.:

“But the crisis at the border is a non-denominational issue and it should be non-partisan.” 

Unfortunately, in today’s America, the crisis caused by the Trumps administration’s egregious violations of essential human rights of nonwhite immigrants is anything but non-partisan. One party is blindly following its Leader into making hatred of non-European immigrants, both legal and “irregular”, as the centerpiece of its agenda, while the other party’s leaders are too cowardly to mount an effective defense of immigrants’ human rights which are being trampled on.

Ironically, the driving force of this agenda of anti-immigrant persecution, Stephen Miller, is also the grandchild of a Jewish immigrant. What kind of understanding of the Jewish heritage of care and compassion for the suffering of the stranger in our midst is he showing?

And how much understanding of this tradition of essential humanity does Miller’s boss Donald Trump, who claims to be a great friend of Israel and the Jewish people, show in his immigration policy, which includes drastic measures against even the most highly skilled and educated legal immigrants, not only asylum seekers and unauthorized immigrants?

Roger Algase

Attorney at Law

Last edited by ImmigrationLawBlogs; 01-11-2020, 01:43 PM.

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

Unfortunately, for America and the world, Roger has it pegged exactly right. Humanity, compassion, decency, and equal justice for all have disappeared from U.S. foreign and domestic policy under Trump. That’s the essence of a White Nationalist kakistocracy. And, as Roger also recognizes, there is more than a little anti-semitism and racism mixed in and driving these policies. It just so happens that Hispanics and folks with brown skins are the current “target of the day.”  

But, actually, nobody is safe in the “Age of Trump” as his sycophants and supporters have found out (see., e.g., Jeff “Gonzo Apocalypto” Sessions, Kristjen Nielsen, Steve Bannon, John Bolton, Michael Cohen, et al.). The only thing or person that Donald Trump has ever cared about is (surprise): Donald Trump. Everybody else, including our nation, the environment, and world civilization, is expendable.

I also appreciate Roger’s “outing” of bigoted Texas Gov. Greg Abbott for his ridiculous and disingenuous attempt to “bar” refugee resettlement in Texas. For the record, quite contrary to Abbott’s racist whining, few states have benefitted more than Texas from migrants, whether they be refugees, asylum recipients, documented, or undocumented.  See, e.g., https://www.americanimmigrationcouncil.org/research/immigrants-in-texas

In the “race to the bottom,” never count out Donald Trump and his GOP stalwarts!

PWS

01-13-20

GRETA THUNBERG: AN INSPIRATIONAL LEADER FOR OUR TIMES & THE FUTURE: “She is committed to the foremost emergency of our time, to the science behind it, and to the people who are working every day to try to rapidly change our energy systems and consumption patterns.”

Carolyn Korman
Carolyn Korman
Staff Writer
The New Yorker

Carolyn Kormann writes in The New Yorker:

News Desk

The Pure Spirit of Greta Thunberg is the Perfect Antidote to Donald Trump

She is committed to the foremost emergency of our time, to the science behind it, and to the people who are working every day to try to rapidly change our energy systems and consumption patterns.

On December 3rd, Greta Thunberg, the sixteen-year-old climate activist from Sweden, completed her second transatlantic voyage, by almost entirely emissions-free sailboats, in the span of four months. Her small figure, dressed in black, stood, waving, on the bow of a catamaran, as it approached the port of Lisbon. Hundreds of people, standing onshore, cheered, welcoming her back to Europe. “I’m not travelling like this because I want everyone to do so,” she told reporters after walking off the boat onto dry land. “I’m doing this to send a message that it is impossible to live sustainably today, and that needs to change.” The scene felt both ancient and precisely of this moment, like Thunberg herself, who writes regularly in a paper journal but has mastered social-media virality, who can seem ageless and androgynous (the fierce stare) while also strikingly young and girlish (the braids), who acts with an otherworldly grace while delivering an outraged message grounded in the latest, best climate science. Her lightning-strike emergence as the planet’s hero, her capacity to inspire students around the world—all in the span of little more than a year—can seem like a prophesied story, an epic poem, a fable. Margaret Atwood (and others, including myself) have compared her to Joan of Arc—if the teen-age medieval warrior, who was burned at the stake in part for impersonating a man, had been inspired by scientific reports instead of divine voices and visions of angels. Centuries from now, we hope, people will live in a thriving, equitable civilization and tell Thunberg’s tale, too.

But it is, as Thunberg says repeatedly, precisely what we do during this century that will determine the fate of those future centuries, and what we do during the next decade that will determine the climate for the nearly two billion children alive today. They are the ones Thunberg represents, whom she is fighting for, and whom she has mobilized, since August, 2018, when she first sat outside the Swedish Parliament with a simple handwritten sign that read, in black letters, “SKOLSTREJK FOR KLIMATET.” Hundreds of thousands of students (and, gradually, their parents), in cities around the world, have followed her lead, striking from school and marching in the streets to protest for climate action. “You say you love your children above all else,” she said in her first big address, at last December’s United Nations climate talks. “And yet you are stealing their future in front of their very eyes.”

From Lisbon, Thunberg took a train to Madrid, where leaders from around the world were gathering for another round—the twenty-fifth since 1995—of U.N. climate negotiations (known as the Conference of the Parties, or COP25). The point of this year’s talks was for countries to lay the groundwork for ambitious new targets in the reduction of their greenhouse-gas emissions. By the end of 2020, according to the terms of the Paris Agreement, countries are to commit to new nationally determined contributions (N.D.C.s, in U.N.-speak) that reflect the scale of global decarbonization necessary to limit global heating to two degrees Celsius. (The current pool of N.D.C.s, which many countries are not even meeting, would lead to more than three degrees warming by century’s end.) A related issue at the talks has involved carbon markets—detailed in Article 6 of the Paris Agreement—in which one country can pay another country for its emissions reductions (the equivalent of buying a carbon credit) and then count those reductions towards its own N.D.C. Australia, Brazil, Saudi Arabia, and India have, reportedly, all been blocking text that would provide strong regulations of these kinds of markets and accounting mechanisms. Though the final text of this year’s agreement is due today, the deliberations will likely continue at least until Saturday.

Thunberg, meanwhile, has increasingly referred, in mathematical detail, to carbon budgets, or the amount of carbon dioxide that we have left to emit into the atmosphere if we want to limit global temperature rise to 1.5 degrees Celsius. In her speech to world leaders in Madrid, on Tuesday, she referred her audiences to page 108, chapter 2, of the 2018 Intergovernmental Panel on Climate Change report, and she said that, if we are to have a sixty-seven per cent chance of achieving that goal, we had, as of the first of January, 2018, four-hundred-and-twenty gigatons of carbon dioxide left in our carbon budget. That number is now much lower, considering that we emit approximately forty-two gigatons of carbon dioxide every year. This means that we have roughly eight years left to burn fossil fuels at current levels before our budget is empty. For all the efforts underway to reduce greenhouse-gas emissions, they are nowhere near enough. Global emissions again hit a record high in 2019. As Thunberg also said, in the same speech, “The biggest danger is not inaction. The real danger is when politicians and C.E.O.s are making it look like real action is happening, when in fact almost nothing is being done, apart from clever accounting and creative P.R.”

On Wednesday, Time named Thunberg the magazine’s Person of the Year. Donald Trump, who is famously obsessed with being on the cover of Time, could not stand it. He has campaigned on fossil-fuel expansion, has betrayed on numerous occasions that he does not understand what climate change is, and, on November 4th, he officially began proceedings to remove the U.S. from the Paris Agreement. (Every other country in the world remains a signatory to the pact.) On Thursday, in response to Thunberg’s news, he tweeted: “So ridiculous. Greta must work on her Anger Management problem, then go to a good old fashioned movie with a friend! Chill Greta, Chill!” Thunberg, as always, took the President’s mockery in stride, changing her Twitter bio, minutes later, to “A teenager working on her anger management problem. Currently chilling and watching a good old fashioned movie with a friend.”

This is not the first time that Thunberg has one-upped Trump’s mocking tweets. In September, she gave a historic speech with the kind of rhetorical vigor that exemplifies her gifts as an orator. “This is all wrong,” she said. “I shouldn’t be up here. I should be back in school, on the other side of the ocean. Yet you all come to us young people for hope. How dare you!” Later, Trump retweeted a video clip of her remarks, adding, “She seems like a very happy young girl looking forward to a bright and wonderful future. So nice to see!” The same day, Thunberg put the exact words in her Twitter bio: “A very happy young girl looking forward to a bright and wonderful future.”

Thunberg is Trump’s perfect foil. She is pure spirit, committed to the foremost emergency of our time, to the science behind it, and to the people who are working every day to rapidly change our energy systems and consumption patterns so that we avert climate change’s deadliest impacts and destabilizing tipping points. Thunberg is devoted to learning, writing, and understanding the world around her. She constantly lifts up other young climate leaders—especially those from indigenous and frontline communities—and begs reporters to focus on them, not her. (On Monday, she and Germany’s most prominent youth activist, Luisa Neubauer, hosted a press conference with young leaders from the Marshall Islands, the Philippines, Russia, and Uganda.) She is a gifted public speaker, not because she stirs up chaos and hate through incoherent rants, but because she speaks elegantly and intelligently, in logical, pithy, unmuddied sentences. Her rhetorical gifts are, perhaps, all the more remarkable considering that, when she was younger, she fell into a major depression concerning climate change and stopped speaking altogether for months. As she said at the start of her speech on Tuesday, “A year and a half ago, I didn’t speak to anyone unless I really had to. But then I found a reason to speak.”

Carolyn Kormann is a staff writer at The New Yorker. Read more.

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Wow! No wonder Trump and his cronies are so scared of her!

PWS

12-14-19