BLACK HISTORY MONTH: LET’S TAKE A LOOK AT TWO STORIES FROM THAT “GREAT ERA OF AMERICA” THAT TRUMP, SESSIONS, MILLER, COTTON, AND THEIR WHITE NATIONALIST PALS LOVE SO MUCH – When White Men Were Supreme, The Law Was There To Keep African Americans in Their Place, Blacks Who Stood Up For Their Rights Were Murdered By The White Police, And Latinos & Women Were “Out Of Sight, Out Of Mind!”

From “John Kelly’s Washington” in the Washington Post:

Stuck on a shelf or locked in a safe, D.C.’s ‘Lost Laws’ still packed a punch

 
Before the Supreme Court upheld the District’s “Lost Laws” in 1953, activists such as Mary Church Terrell (center) picketed in front of segregated restaurants.

Columnist February 14

Martin Luther King Jr. said “the arc of the moral universe is long, but it bends toward justice.”

He could have added: “eventually, and after plenty of detours.”

In 1872 and 1873, two laws were passed in Washington that forbade racial discrimination in the city’s restaurants. Then, somehow, the laws vanished.

Just imagine the reaction when they were “rediscovered” in the 1940s. It must have been as if someone had opened a vault sealed when Ulysses Grant was president and found an airplane inside, a television, penicillin … .

Could Washingtonians from 70 years ago really have been so advanced? What had happened to those people?

What amazed me when I looked into the events of the 1870s and 1880s was how similar things were to the Jim Crow era. Restaurateurs used some of the same excuses for refusing to serve African Americans: Black customers were “boisterous,” white patrons would stay away, the government shouldn’t meddle.

To fight discrimination, black activists used methods that are familiar to us now. Lawyer E.M. Hewlett deliberately visited restaurants to see if he would be served. Hewlett looked to see if owners had posted price lists, as required by law to prevent black customers from being gouged. When he spotted a violation, he took the establishment to court.

In the end, none of it did any good. Why?

“During Reconstruction, D.C. was really on the leading edge of racial change in America,” said Chris Myers Asch, co-author, with George Derek Musgrove, of “Chocolate City: A History of Race and Democracy in the Nation’s Capital.”

Said Asch: “D.C. was a very progressive city. You had remarkable progress being made toward racial equality in a very brief space of time. Black men in D.C. were the first black men in the country to be granted the right to vote after the Civil War.”

Such efforts, Asch said, were a priority for radical Republicans in Congress.

“The backlash from white conservatives is really substantial,” Asch said. “First you eliminate self government all together in 1874. Then you slowly roll back those Reconstruction-era gains. This is part of a regionwide effort to enforce white supremacy. By 1901, when city commissioners decide to compile the D.C. Code, they simply don’t include those Reconstruction-era statutes.”

They didn’t include them, but they didn’t repeal them. The Lost Laws were not dead. They were like a long-dormant seed, ready to spring to life after a refreshing rain.

I don’t know who found them. Asch thinks it was A. Mercer Daniel, who oversaw the library at Howard University’s law school. They gained fame in 1948 with the publication of “Segregation in Washington,” a scathing report that mentioned the laws.

Civil rights activists wondered: Could the laws be used to fight segregation?

Annie Stein, a white woman from Southwest D.C. who was a member of the Progressive Party, invited Mary Church Terrell to chair the Coordinating Committee for the Enforcement of the D.C. Anti-Discrimination Laws of 1872 and 1873. When Terrell, the octogenarian co-founder of the NAACP, was denied service at a downtown cafeteria called Thompson’s in 1950, it set the stage for a test case.

District of Columbia vs. John R. Thompson Co. went first to the old Municipal Court, where Judge Frank Myers ruled that the Lost Laws had “been repealed by implication” and, thus, could no longer be enforced.

Terrell and company appealed. In May of 1951, the Municipal Court of Appeals ruled 2-to-1 that the anti-bias laws were still valid. Among the points raised by Judge Nathan Cayton was that another so-called lost law had been enforced in 1908, even though it, too, had been omitted from the 1901 D.C. Code.

It was an animal cruelty law. Animals, it seemed, had more rights than black Washingtonians.

The game of legal ping-pong continued. The next stop was the U.S. Court of Appeals. In a 5-to-4 decision, it ruled that the laws of 1872 and 1873 could not be enforced.

One judge, Barrett Prettyman, wrote the statutes were “neither mentioned again nor enforced for a period of 75 years.” Thus the laws “must be deemed by the courts to have been abandoned.”

If you’ve been reading my columns this week, you know that wasn’t true. African Americans did mention them and did try to get them enforced.

In April of 1953, the case finally reached the U.S. Supreme Court. Chester H. Gray of the District’s corporation counsel’s office asked the court not to blame his staff. They hadn’t known of the laws until someone found them in the corporation counsel’s safe.

“You mean you have to go to a locked safe to find laws of the District of Columbia?” Chief Justice Fred M. Vinson joked.

In June, the court ruled unanimously that the laws were still in effect. Laws passed by long-dead Washingtonians had helped their descendants.

Five days after the Supreme Court ruling, Terrell went to eat at Thompson’s with the mixed-race group who had been denied a meal three years earlier. They were treated, Terrell said, with courtesy.”

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Sound all too familiar? It should! The claptrap coming from yesterday’s racists is pretty much the same as the garbage coming out of the mouths of some GOP pols these days. Here’s my “rewrite” of a paragraph of Kelly’s account in “today’s context.”

The backlash from Sessions, Bannon, Kobach, Miller and their White Nationalist pals to the diversification of America and growing political power of African-Americans, Hispanics and other non-Whites was substantial. First, they used gerrymandering and intentional mis-constructions of Civil Rights and Voting Rights statutes intended to protect minorities to instead suppress and minimize the minority vote. This is part to a nationwide effort by the far right to restore White Supremacy and prevent African-Americans and Hispanics from eventually obtaining political power commensurate with their demographics and overwhelming contributions to America. Then, when supposedly in charge of administering the laws equally, they simply refuse to recognize the rights of African-Americans to be free from police violence and the rights of Hispanics and asylum seekers in the United States to be treated with respect and dignity and to be given full Due Process under our Constitution. They even invent false narratives, bogus statistics, and demonize hard-working law-abiding citizens, residents, and great and deserving young people known as “Dreamers” in a desperate effort to restore exclusive White (preferably “pseudo-Christian”) power. To add insult to injury, they carry out this anti-American, anti-Constitutional campaign under the boldly false rubric of “Restoring the Rule of Law.”

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Now let’s move over to the Post’s Sports Section. Here’s an account of what happened to courageous African-American athletes who stood up for their rights and the rights of others during the “glory days” of White Supremacy that Trump, Sessions, & Co. so cherish and honor.

Remembering the Orangeburg massacre, and the athlete-activists who took a stand 


Two black demonstrators killed in the Orangeburg Massacre lie on the ground at the edge of South Carolina State College in Orangeburg, S.C., on Feb. 8, 1968. (ASSOCIATED PRESS)
February 13

Robert Lee Davis found himself lying in blood next to his teammate Sam Hammond. At least one bullet had struck Davis in the back. Another went in Hammond’s neck.

Davis recalled in an oral history that Hammond, a running back at South Carolina State, asked him, “Do you think I’m going to live?” Davis, a linebacker, said he answered, “Sam, you are going to be all right, buddy.”

Hammond was the first of three young black men to die that night 50 years ago in Orangeburg, S.C. Davis was one of several football players at historically black South Carolina State to survive a hail of police fire with injuries.

What brought them together that Feb. 8, 1968, evening was not a team meeting or the training table. Instead, it was a call to confront a wrong, an affront, an act of overt racial discrimination in Orangeburg at a bowling alley that refused would-be black bowlers just like the state was denying black citizens their human rights.

As a result, Davis and Hammond became athlete-activists long before we created the suddenly ubiquitous, if not trite, alliterative phrase these days to describe football and basketball players, almost all of color, who have, by comparison, merely sported sloganeering T-shirts, or employed histrionics, to demonstrate against racial injustice.

It is a noble and laudable effort, of course. But what we’ve come to champion of athletes today pales juxtaposed to what so many did in the cauldron of the late ’60s civil rights movement. Davis and Hammond, for example, dared to physically confront the very embodiment of the South’s recalcitrant racists — scores of carbine rifle-toting, all-white state troopers — for which Hammond forfeited not just his career but his life.

They were among at least 30 victims of what became known as the Orangeburg massacre.

I was reminded of it three years ago as a presenter at the annual Media and Civil Rights symposium at the University of South Carolina. It included a mesmerizing panel featuring a demonstrator that night, civil rights icon and scholar Cleveland Sellers, and a reporter who became legendary for his fearless coverage of the massacre and other civil rights movement era violence, Jack Bass. With Jack Nelson, awarded a Pulitzer Prize for his reporting on the civil rights movement, Bass authored “The Orangeburg Massacre” in 1970.

And I took note that the panelists, particularly Oliver Francis, a one-time baseball player at Voorhees, another historically black South Carolina college, pointed out that black male athletes in particular stepped to the fore in Orangeburg’s deadly confrontation with white supremacy, and in others. Francis wound up convicted and sentenced to prison for 18 to 24 months as an organizer in an armed black student takeover in 1969 of the Voorhees administration building.

It all reminded that black athletes played not just pivotal roles in the civil rights movement, like the muscle North Carolina A&T football players provided for their classmates engaged in sit-ins to desegregate the Greensboro, N.C., Woolworth’s lunch counter. Or in Rock Hill, S.C., where 10 black Friendship College students were detained by police for trying to desegregate a town lunch counter in 1961 but became known as the Rock Hill Nine after one among them wasn’t booked so he could maintain his athletic scholarship. Chicago Bears running back Willie Galimore was the test black registrant at the Ponce de Leon Motor Lodge in St. Augustine, Fla., that became a flash point for desegregation fights in 1964.

And as was evidenced in Orangeburg, black athletes sometimes were even in the vanguard of protests. Samuel Freedman underscored as much in recounting the Orangeburg massacre in his 2014 book, “Breaking the Line: The Season in Black College Football That Transformed the Sport and Changed the Course of Civil Rights.”

Freedman wrote: “Shortly after the 1967 football season ended, many of the politically engaged members of the South Carolina State team joined in protests against a segregated bowling alley near the campus in Orangeburg.” On Feb. 6, 1968, Freedman reported, Davis and several of his teammates went on their own to the bowling alley and not only were denied admittance but were threatened with arrest by city police for disturbing the peace. Other students eventually joined the football players, objected to the police threats and wound up defending themselves from swinging billy clubs.

Two nights later, Freedman stated, “an all-white force of state troopers opened fire on the student demonstrators, killing three and wounding twenty-eight. Among the dead was one football player . . . Hammond. Several other players were injured by gunfire, one of them temporarily paralyzed.”

Davis was that temporarily paralyzed victim.

The student survivors of the massacre refused, however, to be deterred and allow the killings of Hammond, fellow student Henry Smith and high school football player Delano Middleton to be in vain. They organized a march from campus to the state capital 42 miles away to demand justice. Athletes decided to lead the march by running the distance.

“The four young men who approached me about the run were all track and field distance runners,” Willis Ham, a South Carolina State baseball player at the time, told the (Orangeburg, S.C.) Times and Democrat five years ago. “Three of the young men were not of American descent, and they simply wanted to express their disgust for the way Americans ‘treat their own,’ with the one tool that they had to their credit [the ability to run].

“We wanted our fellow students to know how deeply we felt about their determination to go to Columbia [S.C.], and express to state officials how they really felt about the lack of support in the days leading to the massacre.”

“It gave us a chance to say that our spirits and drive for freedom from depression would never be destroyed,” Ham explained.

The white troopers who fired on the students were exonerated in a trial a year later. The lone conviction from the incident was of Sellers for incitement. He spent seven months in prison. He was pardoned in 1993.

But what Hammond, the football player, first fell for is forever remembered on South Carolina State’s campus. Its basketball arena that opened that fateful day, Feb. 8, 1968, was renamed the Smith-Hammond-Middleton Memorial Center.

Kevin B. Blackistone, ESPN panelist and visiting professor at the Philip Merrill College of Journalism at the University of Maryland, writes sports commentary for The Post.”

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We should all be appalled that in the 21st Century, folks like Trump, Sessions, Miller, Cotton, and others who think that it’s “OK” and “permissible” to whip up false anti-Hispanic fervor with bogus narratives about rampant crime, imaginary “stolen” jobs, and phantom “adverse effects” of legal immigration have weaseled their way into positions of national power and prominence.

They seek to take America backwards to a bygone era of racial injustice and manufactured hate. Don’t let them get away with it! Ballot boxes were made to “retire” the Trumps, Sessions, and Cottons of the world and send them off to try to make an honest living.

PWS

02-16-18

E.J. DIONNE, JR. @ WASHPOST – “SIMPLE DECENCY MOVEMENT” LIKELY TO BE BAD NEWS FOR TRUMP’S INDECENT GOP – “[D]emanding simple decency is a radical and subversive act.”

https://www.washingtonpost.com/opinions/the-real-split-in-american-politics-isnt-left-vs-right/2018/02/14/9ca64696-11bc-11e8-9570-29c9830535e5_story.html

Dionne writes:

“. . . .

Some members of this dispirited group overlap with a third key constituency that is underanalyzed because its ranks are not exceptionally partisan or ideological. They are citizens who ask for a basic minimum from those in charge of their government: some dignity and decorum, a focus on problem-solving, and orderliness rather than chaos. Trump and the conservatives sustaining him are completely out of line with this behavioral conservatism built on self-restraint and temperamental evenness.

It is not to romanticize the heartland to say that anyone who spends time in the Midwest runs into such solid citizens all the time. They are horrified by spousal abuse. They include small-business owners who prefer low taxes but care about schools, roads, libraries and parks. They may be critical of government, but they also expect it to do useful things. They don’t much like bragging and find an obsession with enemies unhealthy.

They are churchgoers who don’t watch TV preachers, may have doubts about this or that doctrine, and don’t tell others how religious they are. But they take from their faith and scripture that they have obligations to their communities and a duty to try as best they can to live by the standards they uphold.

They like to look up to their leaders with respect, and they feel betrayed when the powers that be give them every reason not to.

The obvious political calculation is that this fall’s elections will be decided by which side mobilizes its most ardent supporters. But here is a bet that there is also a quiet revolution of conscience in the country among those who are sick to death of the chaos they see every day on the news, a White House whose energy is devoted to stabbing internal foes in the back and a president who can’t stop thinking about himself. In the face of this, demanding simple decency is a radical and subversive act.”

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

One can only hope that at some point, reason will prevail over the greed, immorality, clownishness, disrespect, dishonesty, and incompetence that has come to symbolize today’s GOP and the Trump regime. Even today, there are a number of stories about how well-to-do yet fundamentally dishonest Trump appointees and their families continue to loot the Treasury and run up a huge deficit while essentially proposing a “death to the poor and vulnerable” budget. This is what a kleptocracy and gross indecency looks like! Reading our newspapers on a daily basis reminds me of passages I used to see only in State Department Country Reports on corrupt, Third-World dictatorships.

PWS

02-15-18

 

 

ENJOINED AGAIN: US DISTRICT JUDGE IN EDNY ALSO TEMPORARILY HALTS DACA REPEAL — FINDS GONZO’s “LEGAL” RATIONALE “PLAINLY INCORRECT!”

https://www.cnn.com/2018/02/13/politics/federal-judge-daca/index.html

Ariane de Vogue Reports for CNN:

(CNN)A second federal judge Tuesday has temporarily blocked the Trump administration from ending the Deferred Action for Childhood Arrivals program.

Success for Harvard medical students in DACA could mean their parents are deported
Success for Harvard medical students in DACA could mean their parents are deported
Judge Nicholas G. Garaufis of the US District Court for the Eastern District of New York ruled that DACA participants and states are likely to succeed in their challenge that the way President Donald Trump terminated the Obama-era program was arbitrary and capricious.
Trump last year announced his plan to end DACA, the policy that allowed undocumented immigrants brought to the US as children to stay in the country, effective March 5. That deadline has become central in the congressional debate over immigration, but Democrats and Republicans are nowhere near a breakthrough.
Tuesday’s ruling, combined with a ruling from a California judge last month, means the program could end up going beyond the March 5 date. The ruling means DACA recipients can renew their status, but the administration will not have to hold the program open to those who never applied.
“Defendants indisputably can end the DACA program,” Garaufis wrote, referring to the Trump administration. “The question before the court is thus not whether defendants could end the DACA program, but whether they offered legally adequate reasons for doing so. Based on its review of the record before it, the court concludes that defendants have not done so.”
The judge said that the decision to end the program was based in part on the “plainly incorrect factual premise” that the program was illegal.
“Today’s ruling shows that courts across the country agree that Trump’s termination of DACA was not just immoral, but unlawful as well,” said Karen Tumlin of the National Immigration Law Center.
This week the Supreme Court is set to meet behind closed doors to discuss whether to take up the Trump administration’s appeal of the related case.
The Justice Department said it maintains that the administration acted “within its lawful authority” in deciding to end DACA and will “vigorously defend this position.”
“DACA was implemented unilaterally after Congress declined to extend these benefits to this same group of illegal aliens. As such, it was an unlawful circumvention of Congress,” the Justice Department said in a statement. “Promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens.”
Impact on immigration negotiations
Sen. Thom Tillis, R-North Carolina, urged lawmakers to “focus” on March 5, despite the two district court rulings blocking the DACA drawdown, but acknowledged there will be more time.
“We should still focus on the March 5 date,” Tillis said on Fox News Tuesday afternoon. “The reality is, unless there’s any action by the Supreme Court, looks like we have some number of weeks following March 5 to solve the problem.”
Judge brought up “Norway” comments
In fiery oral arguments last month, Garaufis gave a blistering critique of what he called the President’s “recurring, redundant drumbeat of anti-Latino commentary.”
“It’s not just an ad hoc comment that was overheard on an open mic,” the judge said. “It’s not just that somebody at INS said something derogatory about Mexicans. This came from the top.”
Garaufis was responding to a question regarding Trump’s comments in a closed-door meeting with senators in which the President asked why people from Haiti and more Africans were wanted in the US and added that the US should get more people from countries like Norway.
CNN’s Laura Jarrett contributed to this report.

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Who knows how this eventually will end if Congress doesn’t solve the problem? I certainly can imagine a conservative majority of the Supremes cooking up a way to empower Trump and dump on the Dreamers.

But, no matter how this comes out, it’s never been about the “rule of law,” border security, or protecting Americans. Indeed, every commentator who isn’t Jeff Sessions or one of his White Nationalist xenophobic buddies agrees that ending DACA and removing “Dreamers” would make America a worse place in every possible way.

No, it’s always been about White Nationalism, racism, xenophobia, dividing America, and the general alt right “agenda of hate and intolerance” which has been what Sessions and those like him are all about. And, he’s not even a very good lawyer, taking most of his bogus so-called “legal arguments” off of “cue cards” prepared  for him by restrictionist interest groups.

And racist, xenophobic statements by Trump himself continue to undermine the DOJ attorneys’ arguments that there is some type of “rational basis” for Trump immigration policies.

PWS

02-13-17

RICHARD L. HASEN IN WASHPOST: THE ORIGINAL DISRUPTER – THE LATE JUSTICE ANTONIN SCALIA!

https://www.washingtonpost.com/news/posteverything/wp/2018/02/13/antonin-scalias-disruption-of-the-supreme-courts-ways-is-here-to-stay/

Hasen writes:

“A few years ago, a populist disrupter of the established political order said that Arizona was right to try to take immigration enforcement into its own hands when the Obama administration was not aggressive enough. Its “citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy.” He similarly expressedsympathy for the “Polish factory workers’ kid” who was going to be out of a job because of affirmative action and lamented that the Supreme Court’s giving too many constitutional rights to Guantanamo detainees “will almost certainly cause more Americans to be killed.”

Who made the statements? Donald Trump? Newt Gingrich? No, those were the words of Supreme Court Justice Antonin Scalia, who died two years ago Tuesday. Scalia disrupted business as usual on the court just like Gingrich disrupted the U.S. House of Representatives in the 1990s and Trump is now disrupting the presidency. Scalia changed the way the Supreme Court writes and analyzes its cases and the tone judges and lawyers use to disagree with each other, evincing a pungent anti-elitist populism that, aside from some criminal procedure cases, mostly served his conservative values. Now the judiciary is being filled at a frenetic pace by Trump and Senate Republicans with Scalian acolytes like Supreme Court Justice Neil M. Gorsuch, who will use Scalia’s tools to further delegitimize their liberal opponents and continue to polarize the federal courts.

Scalia joined the Supreme Court in 1986 after a stint as a law professor, a government official and a judge on the U.S. Court of Appeals for the District of Columbia Circuit. He arrived at a court in which justices used an eclectic mix of criteria, from text to history and purpose to pragmatism and personal values, to decide the meaning of the Constitution and federal statutes. Justices disagreed with one another, but for the most part, they were polite in their written dissents.

Scalia came in with different ideas, which he said were compelled by the limited grant of judicial power in the Constitution and would increase the legitimacy of judicial decision-making. He offered revamped, supposedly neutral jurisprudential theories. Yet, as I argue in my upcoming book, “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption,” his doctrines were usually flexible enough to deliver opinions consistent with his conservative libertarian ideology.

He was an “originalist” who believed that constitutional provisions should be interpreted in line with their public meaning at the time of enactment, as when he argued that the 14th Amendment’s equal protection clause did not apply to sex discrimination — except when he wasn’t, as when in affirmative action cases, he consistently ignored evidence that at the time the equal protection clause was ratified, Congress enacted preferences specifically intending to help African Americans.”

. . . .

Scalia, the Harvard law graduate, frequently cast his fellow justices as out-of-touch Ivy League elitists sticking it to the little guy. Yet he often sided with big business over consumers and environmental groups, deciding cases on issues related to standing and arbitration law that made it harder for people to have their rights protected and vindicated in court.

He disagreed with others using a tone like no other justice. The day after it decided King v. Burwell in June 2015, the court recognized a right of same-sex couples to marry in Obergefell v. Hodges. Scalia, applying his originalist understanding of the 14th Amendment, unsurprisingly rejected the majority’s approach. But he leveled his harshest words at Justice Anthony M. Kennedy’s majority opinion, which he described as “couched in a style that is as pretentious as its content is egotistic.” He added that “if, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag.” He compared the opinion to an aphorism in a fortune cookie.

The combination of Scalia’s view that textualism and originalism were the only legitimate way to decide cases and his caustic dismissal of anyone who dared to disagree with him led to a much coarser, polarized court after his tenure on the bench. He gave the Supreme Court’s imprimatur to the practice of delegitimizing one’s ideological opponents rather than simply disagreeing with them.

Most important, he gave key conservative acolytes tools to advance an ideological agenda — tools that he presented as politically neutral. The most important of these acolytes is Gorsuch, the newest Supreme Court justice (and, thanks to the refusal of Senate Republicans to consider President Barack Obama’s nomination of Merrick Garland after Scalia died, also the justice who replaced his ideological role model). While not quite a Scalia clone, he is fully following in Scalia’s tradition. Not long after joining the court, Gorsuch admonished his colleagues in a statutory interpretation case that “if a statute needs repair, there’s a constitutionally prescribed way to do it. It’s called legislation.” And at oral argument in the 2017 Wisconsin partisan gerrymandering case, he dismissively interjected that “maybe we can just for a second talk about the arcane matter, the Constitution.” Think Scalia, but without the spontaneous wit and charm. Without Scalia, Gorsuch would have been just as conservative, but he would not have been packaging his jurisprudence in Scalian terms. And he perhaps would not have been as aggressive out of the box.

According to Time magazine, Trump wants to appoint more “originalists” and “textualists” on the court — flamethrowers who will disrupt things even more, following Scalia’s model. Gorsuch’s early record and the posthumous deification of Scalia by Federalist Society members and others on the right since his death show that Scalia’s pugnacious populism is the wave of the future for court appointees by Republican presidents and that the bitter partisan polarization we’ve seen in the political branches is in danger of becoming fixed as a permanent feature of the Supreme Court. Indeed, the main criticism of Scalia’s followers is that he was not consistent enough in insisting that originalism and textualism are the only right way to decide cases, consequences be damned.

Thanks to Scalia’s disruption, the Supreme Court may never be the same.

 

Richard L. Hasen is the chancellor’s professor of law and political science at the University of California at Irvine and the author of “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption.”

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Read the complete article at the link.

Yes, I always thought that beneath all the “origionalist” BS, Justice Scalia was pretty much just another jurist with a peculiar right-wing agenda. He rewrote history to match his own preconceived worldview. Additionally, he detested equality, social justice, and common sense in equal proportions. But, occasionally his intellectual machinations led him to side with the “good guys.”

He might not have been a “stable genius,” but he was a heck of a lot smarter than Trump and much funnier. And, while there are indications in his jurisprudence that he was a “racist at heart” (who despised Hispanics as much as African-Americans) he was somewhat less overt about his White Christian Nationalism than guys like Trump, Sessions, Miller, Bannon, Steve King, etc.

PWS

02-14-18

 

AGENDA OF HATE AND INTOLERANCE: USDOE SCOFFS AT LAW, MOVES TO TRASH THE RIGHTS OF TRANSGENDER STUDENTS WHO WANT TO USE THE BATHROOM!

https://www.buzzfeed.com/dominicholden/edu-dept-trans-student-bathrooms?utm_term=.mlEGELBLKo#.mlEGELBLKo

Dominic Holden reports for Buzzfeed News:

“The Education Department has told BuzzFeed News it won’t investigate or take action on any complaints filed by transgender students who are banned from restrooms that match their gender identity, charting new ground in the Trump administration’s year-long broadside against LGBT rights.

It’s the first time officials have asserted this position publicly as an interpretation of law. No formal announcement has been made.

For nearly a year, the Trump administration took a less clear stance, with officials saying they were studying the issue. When the Education Department and Justice Department withdrew Obama-era guidance on transgender restroom access in February 2017, Trump’s officials said in a memo and court filings that they would “consider the legal issues involved.” Then last June, the Education Department issued another memo saying it was “permissible” for its civil rights division to dismiss a trans student’s restroom case. However, in those statements, officials never cemented their intent to reject all restroom complaints issued by trans students.

For the past three weeks, BuzzFeed News called and emailed Education Department officials attempting to pinpoint the agency’s position.

Finally on Thursday, Liz Hill, a spokesperson for the agency, responded “yes, that’s what the law says” when asked again if the Education Department holds a current position that restroom complaints from transgender students are not covered by a 1972 federal civil rights law called Title IX.

Asked for further explanation on the department’s position, Hill said Friday, “Title IX prohibits discrimination on the basis of sex, not gender identity.”

She added that certain types of transgender complaints may be investigated — but not bathroom complaints.

“Where students, including transgender students, are penalized or harassed for failing to conform to sex-based stereotypes, that is sex discrimination prohibited by Title IX,” Hill said. “In the case of bathrooms, however, long-standing regulations provide that separating facilities on the basis of sex is not a form of discrimination prohibited by Title IX.”

The bathroom rule is the Trump administration’s latest step to rescind and undermine LGBT protections. Attorney General Jeff Sessions withdrew a policy protecting transgender workers, while he took the unusual step of jumping into a private lawsuit arguing that anti-gay discrimination was permissible in employment under federal law. Sessions has also argued religious business owners can refuse service to gay customers, even when anti-gay discrimination is banned by state law, and Trump has attempted to ban transgender people from all military service.”

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Homophobia, hate, White Nationalism, scoffing at the rule of law: that’s Jeff “Gonzo Apocalypto” Sessions and the rest of the alt-rightists (like DeVoss) who now represent the GOP. No wonder that these evil clowns were neck and neck in the balloting for the Worst Cabinet Member. Indeed, Gonzo is neck and neck with “John the Con” Mitchell for the worst AG of the “modern era.” And Gonzo hasn’t even been indicted (yet).

I just hope that decent folks will remember who’s pushing this agenda of hate and intolerance.

PWS

02-12-18

 

 

ON SATURDAY, “COURTSIDE” & SLATE’S JEREMY STAHL GAVE YOU THE “REAL LOWDOWN” ON AAG RACHEL BRAND’S “FLIGHT FROM JUSTICE!” — Two Days Later, NBC News Confirms What We Already Said!

Here’s a link to the prior blog on immigrationcourtside.com:

https://wp.me/p8eeJm-26R

Here’s the NBC report by one of my favorite Washington reporters, Julia Edwards Ainsley:

http://nbcnews.to/2CfKuHi

Julia reports:

“WASHINGTON — The Justice Department’s No. 3 attorney had been unhappy with her job for months before the department announced her departure on Friday, according to multiple sources close to Associate Attorney General Rachel Brand.

Brand grew frustrated by vacancies at the department and feared she would be asked to oversee the Russia investigation, the sources said.

She will be leaving the Justice Department in the coming weeks to take a position with Walmart as the company’s executive vice president of global governance and corporate secretary, a job change that had been in the works for some time, the sources said.

Sources: Brand left DOJ over fear of overseeing Russia probe 3:40

As far back as last fall, Brand had expressed to friends that she felt overwhelmed and unsupported in her job, especially as many key positions under her jurisdiction had still not been filled with permanent, Senate-confirmed officials.

Four of the 13 divisions overseen by the associate attorney general remain unfilled, including the civil rights division and the civil division, over one year into the Trump administration.

While Brand has largely stayed out of the spotlight, public criticism of Deputy Attorney General Rod Rosenstein by President Donald Trump worried Brand that Rosenstein’s job could be in danger.

Should Rosenstein be fired, Brand would be next in line to oversee Special Counsel Robert Mueller’s investigation into Russia’s meddling in the 2016 election, thrusting her into a political spotlight that Brand told friends she did not want to enter.

The Justice Department pushed back on NBC’s report.

“It is clear these anonymous sources have never met Rachel Brand let alone know her thinking. All of this is false and frankly ridiculous,” said Justice Department spokeswoman Sarah Flores.

Brand has had a long legal career that has spanned several administrations, including under Democratic President Barack Obama and Republican George W. Bush.

In announcing her departure, Attorney General Jeff Sessions described Brand as “a lawyer’s lawyer,” noting that she graduated from Harvard Law School and clerked at the Supreme Court.

In the same statement, Brand said, “I am proud of what we have been able to accomplish over my time here.”

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

Undoubtedly, the DOJ under Trump and Sessions has made some great strides in attacking the rule of law, undermining social justice, mal-administering the Immigration Courts, eroding the credibility of DOJ attorneys in court, and generally diminishing the quality and fairness of the justice system in the United States.

While those might give Rachel “bragging rights” over at Wal-Mart or in right-wing legal circles, I don’t see that they are anything to “write home about.”  Hopefully, at some point in the future, having served as a politico in the Trump/Sessions DOJ will become a “career killer” for any future Government appointments.

But, in today’s topsy-turvy legal-political climate, it’s still a shrewd “self-preservation” move on Brand’s part. And, she’s somewhat less likely to be stomping on anyone’s civil rights over at Wal-Mart (although you never know when an opportunity to dump on the civil rights of the  LGBTQ community, African-Americans, Latinos, immigrants, women, the poor, or to promote religious intelerance might present itself in a corporate setting).

Looking forward to more DOJ reporting from the super-talented Julia! I’ve missed her on the “immigration beat!”

PWS

02-12-18

 

 

 

ONLY WHITE LIVES MATTER IN TRUMP’S WORLD — DUE PROCESS IS FOR WIFE BEATERS, CORRUPT GOP POLITICOS, CHILD MOLESTERS, & TRUMP FAMILY MEMBERS — NOT SO MUCH FOR ASYLUM SEEKERS, UNACCOMPANIED CHILDREN, AFRICAN AMERICANS, LATINOS, & HILLARY!

https://www.huffingtonpost.com/entry/president-who-loves-making-false-accusations-suddenly-pleads-due-process_us_5a7f167be4b044b3821dd798

Sebastian Murdock reports for HuffPost:

“President Donald Trump, a man notorious for throwing around patently false accusations, has suddenly appealed for “due process” as top White House aides have been cast out over domestic violence allegations.

On Saturday, Trump tweeted that people’s lives “are being shattered and destroyed by a mere allegation.”

“Some are true and some are false,” he tweeted. “Some are old and some are new. There is no recovery for someone falsely accused.”

The president was likely referring to the recent departure of White House staff secretary Rob Porter, who resigned earlier this week after allegations from his two ex-wives surfaced, detailing that he was abusive to them. Colbie Holderness, Porter’s first wife, alleged that he punched her in 2005 and provided photos of bruises she says he inflicted on her.

And on Friday, White House speechwriter David Sorensen resigned after his ex-wife accused him of physically abusing her.

Trump himself, a man who once bragged about being able to grab women “by the pussy,” has been accused by more than 20 women of sexual misconduct and abuse. It might not come as a surprise, then, that Trump would be eager to protect those accused of sexual abuse rather than those who say they’ve been victimized by it.

“Is there no such thing any longer as Due Process?” the president asked in a tweet. It’s a fair question, for sure. It’s also something Trump has previously not seemed to care about. Here are just a few times that “due process” didn’t matter to Trump.

The Central Park Five

In 1989, a group of black and Hispanic men were convicted but later exonerated in the rape of a female jogger in New York City’s Central Park.

As police coercion and false allegations ruined these men’s lives, Trump spent $85,000to place ads in four daily New York City newspapers to demand the innocent men be killed.

“Muggers and murderers should be forced to suffer and, when they kill, they should be executed for their crimes,” Trump wrote in the ad at the time.

Despite their names eventually being cleared, Trump still wouldn’t stop saying they were guilty.

“The police doing the original investigation say they were guilty,” Trump told CNN in 2016. “The fact that that case was settled with so much evidence against them is outrageous. And the woman, so badly injured, will never be the same.”

President Barack Obama

For years, Trump has also promoted the conspiracy that former President Barack Obama is a Muslim who was actually born in Kenya and is lying about his identity. None of that is true.

Trump later retracted his false statement during his bid to become president. But the damage was done.

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“I say nothing,” Trump said during a 2016 debate with candidate Hillary Clinton regarding Obama’s long-form birth certificate. “I say nothing because I was able to get him to produce it.”

Last year, Trump falsely accused Obama of having ”wires tapped” in Trump Tower. The Department of Justice flatly denied the claim.

Hillary Clinton

Even after winning the election, Trump has been unable to stop focusing on Clinton. Trump has repeatedly said Clinton lied to the FBI regarding her private email server. Meanwhile, former Trump administration official Flynn pleaded guilty last December to misleading the FBI about talks he had with Russian officials.

“Hillary Clinton lied many times to the FBI, nothing happened to her,” Trump said last December. “Flynn lied and they’ve destroyed his life. I think it’s a shame.”

Former head of the FBI James Comey, who Trump eventually fired, told Congress in a July 2017 testimony there was “no basis to conclude she lied to the FBI.”

‘Treasonous’ Democrats

Just this month, Trump made the bold and outrageous accusation that Democrats who did not clap and praise the president during his recent State of the Union address are “treasonous.” 

“Can we call that treason?” Trump said of Democrats last week during a campaign-style rally in Cincinnati. “Why not? I mean, they certainly didn’t seem to love our country very much.”

Committing treason is a deeply serious accusation for a president to make. U.S. law states that whoever “owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason.”

To be clear: Not clapping for the president does not qualify as treason.

‘Mexican’ Judge

In June of 2016, Trump accused U.S. District Judge Gonzalo Curiel of not being able to make a fair ruling regarding lawsuits against Trump University. The president alleged that because he has made it clear he wants to build a wall to separate Mexico and the U.S., the judge’s heritage would be a “conflict.”

Curiel had “an absolute conflict” because of his “Mexican heritage,” Trump claimed.

He then doubled down on the claim in an interview with CNN’s Jake Tapper that same month.

“Look, he’s proud of his heritage, OK? I’m building a wall,” Trump told Tapper.

Curiel is an American who was born in Indiana.

That same judge will now preside over a case to determine whether or not Trump will get his border wall.

For all his Saturday chest pounding about making false, unverified accusations, Trump has made clear that same logic has never applied to his perceived enemies.”

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I’ve noted before the deep irony in the attitude of our disingenuous Attorney General Jeff “Gonzo Apocalyoto” Sessions toward due process. Sessions smears hard-working, often pro bono, immigration lawyers, promotes actions that inhibit the ability of individuals to obtain counsel, intentionally makes practice before the U.S. Immigration Courts “user unfriendly,” and constantly promotes totally bogus changes in the law to deprive hundreds of thousands, perhaps millions, of migrants of even the rudiments of a due process hearing before an Immigration Judge.

On the other hand, Gonzo was among the first Trump Cabinet members to “lawyer up” for himself. He hired hotshot DC attorney and former Assistant AG Charles “Chuckie” Cooper to help him “beat the rap” for his disingenuous and inaccurate sworn testimony before Congress.

In the world of Trump and Sessions, “White Guys” are entitled to due process. Everyone else can just “Go pound sand!”

PWS

02-11-18

GONZO’S WORLD: DOJ #3 RACHEL BRAND FLEES SINKING SHIP TO SAVE CAREER – FINDS REFUGE AT WALMART – No, It’s Not Normal For The Associate AG To Leave After 9 Months! – But, Who Ever Said The Trump/GONZO DOJ Is “Normal?”

https://slate.com/news-and-politics/2018/02/rachel-brand-is-leaving-doj-are-we-headed-for-a-massacre.html

“In a surprise move, Rachel Brand is stepping down as the No. 3 official at the Department of Justice, the New York Timesreported on Friday. Brand was next in line to oversee the special counsel’s Russia inquiry after Deputy Attorney General Rod Rosenstein. Brand’s departure could have enormous consequences for Robert Mueller’s investigation of Russian election interference and President Donald Trump.

The New York Times has reported that Trump considered firing Rosenstein and Mueller over the summer, a situation that would have been reminiscent of Richard Nixon’s Saturday Night Massacre and the firing of Watergate investigator Archibald Cox. Trump will now get to hand-pick a replacement for Brand, who would step in to take over the investigation should he or she be confirmed by the Senate and should Rosenstein go. It’s also been noted that Rosenstein may ultimately have to recuse himself from the investigation; in that case, he wouldn’t even have to be fired for the Trump selection to take control of the investigation into Trump.

Last March, Trump issued an executive order modifying the line of succession for an acting attorney general, the person who would be in control of Mueller’s inquiry since Attorney General Jeff Sessions has recused himself. According to that order, under normal procedures, a potential replacement for either Brand or Rosenstein to oversee the Russia inquiry would need Senate confirmation.

Fordham Law professor and occasional Slate contributor Jed Shugerman has laid out the potential orders of succession at the current moment. According to the vacancy statutes, Solicitor General Noel Francisco would be designated by Jeff Sessions as acting attorney general if Rosenstein were to depart, and he’d be followed by the assistant attorneys general. The next in line after that would typically be the U.S. attorney for the Eastern District of Virginia, a position which is being vacated by Dana Boente. Since Boente is leaving that job, it would go to the U.S. attorney for the Eastern District of North Carolina, Robert J. Higdon Jr.

It’s worth noting that the executive order says Trump “retains discretion, to the extent permitted by law” to go around this line of succession to select an acting attorney general on his own. But doing so in an effort to squelch an investigation into himself, his allies, and his family would conceivably be such a transparent effort to subvert the rule of law as to be a political liability even within the Republican Party.

Rosenstein has been personally attacked by Trump. He has come under additional fire recentlyfrom critics of the Russia investigation, who have been using a concocted and false narrative from a recently declassified talking points memo to go after the FBI, Mueller, and Rosenstein. When Trump was asked by reporters if he still had confidence in Rosenstein last week, he responded “you figure that one out.”

Brand is reportedly leaving to become the head of global corporate governance at Walmart. The move feels possibly odd for someone who has served in three presidential administrations, cultivated a reputation as a devoted public servant, and who has only been in her current job less than one year.

Politico’s Eliana Johnson reported that someone close to Brand and the administration said she was leaving “because she is very smart, accomplished, and talented, and wants to protect her career.”

Brand worked in the George W. Bush administration and has been considered a rising conservative legal star for more than a decade. It seems very possible that staying in that DOJ position might have ultimately left her facing a very difficult situation career-wise. In a world where Rosenstein was fired and Brand was placed in charge of the Mueller probe, she might have to choose between obeying a Trump order that might upend the rule of law and being fired by Trump. As congressional and mainstream Republicans have moved closer towards Trump’s apparent anti-Mueller, anti-rule of law position, such martyrdom does not sound like it would help her future in the GOP.

Either decision might have done long-term damage to Brand’s future career prospects in any branch of government.

Brand’s move, however, preemptively abdicates that possible decision, quite possibly leaving it to a Trump-approved successor. As Elie Mystal, the executive editor at Above the Law, wrotefollowing the news, it seems as though we might be rolling towards a “slow moving Saturday Night Massacre.”

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

Gee, Jeremy, I’m only a retired Immigration Judge (and 35 year vet of the DOJ), but I don’t view this a much of a “surprise.”

Brand has a reputation as as a smart lawyer, perhaps the smartest of the “Sessions crew.” As opposed to someone like the buffoonish racist White Nationalist xenophobe Stevie Miller or the often incoherently bias spewing Sessions himself, Brand was a low-key “doer.” She actually did a “bang up job” of implementing the Sessions alt right, anti-civil rights, anti-due process, anti-minority, anti-civil-liberties, anti-diversity, homophobic agenda at the DOJ.

She obviously sees “Armageddon” coming to the realm of “Gonzo Apocalypto” and wants to get out before she is left in the “lose-lose” position (that both Trump & Sessions have a penchant for creating) of having to become “Trump’s patsy” in the Russia investigation or maintaining her integrity, getting fired, and getting on Trump’s “S-list.”

This way, she can get out of the way of the “train wreck,” make some real money, and preserve her reputation in both right-wing legal circles and with Trump. That sets her up as a possible Cabinet appointee in a future, somewhat saner GOP Administration, or even to be a Trump nominee for a Federal Judgeship.

Smart, Rachel!

PWS

02-10-18

WASHPOST WONKBLOG: THE REAL STAKES IN THE TRUMP GOP RESTRICTIONIST IMMIGRATION PROPOSAL – AN ADDITIONAL 1-5 YEARS OF WHITE SUPREMACY! — “By greatly slashing the number of Hispanic and black African immigrants entering America, this proposal would reshape the future United States. Decades ahead, many fewer of us would be nonwhite or have nonwhite people in our families.”

https://www.washingtonpost.com/news/wonk/wp/2018/02/06/trump-immigration-plan-could-keep-whites-in-u-s-majority-for-up-to-five-more-years/?hpid=hp_rhp-top-table-main_wonk-trumpimmigration-1215pm%3Ahomepage%2Fstory&utm_term=.39256eab8ac1

“President Trump’s proposal to cut legal immigration rates would delay the date that white Americans become a minority of the population by as few as one or as many as five additional years, according to an analysis by The Washington Post.

The plan, released by the White House last month, would scale back a program that allows people residing in the United States to sponsor family members living abroad for green cards, and would eliminate the “diversity visa program” that benefits immigrants in countries with historically low levels of migration to the United States. Together, the changes would disproportionately affect immigrants from Latin America and Africa.

The Census Bureau projects that minority groups will outnumber non-Hispanic whites in the United States in 2044. The Post’s analysis projects that, were Trump’s plan to be carried out, the date would be between 2045 and 2049, depending on how parts of it are implemented.

(The Post’s methodology for estimating the annual impact of Trump’s proposed cuts is explained in more detail at the bottom of this story. Projecting this far into the future entails certain assumptions that could alter the range, but demographic experts said The Post’s approach was reasonable.)

All told, the proposal could cut off entry for more than 20 million legal immigrants over the next four decades. The change could have profound effects on the size of the U.S. population and its composition, altering projections for economic growth and the age of the nation’s workforce, as well as shaping its politics and culture, demographers and immigration experts say.

“By greatly slashing the number of Hispanic and black African immigrants entering America, this proposal would reshape the future United States. Decades ahead, many fewer of us would be nonwhite or have nonwhite people in our families,” said Michael Clemens, an economist at the Center for Global Development, a think tank that has been critical of the proposal. “Selectively blocking immigrant groups changes who America is. This is the biggest attempt in a century to do that.”

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

Read the complete article, along with supporting “wonkie” stats, at the above link.

Yup! It is, and probably always has been, about White Nationalism and racism! Trump and his gang have just made it “fashionable” to be overtly racist again.

And, make no mistake about it, the REAL targets here are African American and Latino American citizens —  immigrants are just a subterfuge. After all, if African Americans and Latinos were “good for America” why wouldn’t we want more of them and their families?

No, as Trumpie let on in his White House debacle, it’s all about trying (futilely) to make America “more White like Norway.” “Making America Great Again”  is not so subtile “code language” for “Making America White Again.” Trump and his restrictionist cronies and misguided followers are not good for the future of America, or for the world.

PWS

02-06-18

GONZO’S WORLD: NO DEFENSE! – SESSIONS MIA AS TRUMP AND GOP ATTACK INTEGRITY OF DOJ!

https://www.newsmax.com/politics/attorney-general-department-of-justice-the-new-york-times-doj/2018/02/05/id/841477/

Brian Freeman reports for Newsmax:

“Even as President Donald Trump has led the most prolonged and public attack on the Justice Department in history, Attorney General Jeff Sessions has broken a long tradition of those in his position of protecting the institution from such interference by remaining largely silent, The New York Times reported Monday.

“What is unusual is the FBI and the Justice Department being attacked, the president leading the charge and the attorney general missing in action,” said Harvard Law Prof. Jack Goldsmith, who headed the Justice Department’s Office of Legal Counsel under President Geoerge W. Bush. “Why isn’t he sticking up for the department?”

Many prosecutors say Sessions’ tepid response is deflating morale among department employees and has increased fears prosecutors cannot depend on protection from political interference.

“Attorneys general swear an oath to protect and defend the Constitution, not the president,” said Matthew Axelrod, a former Justice Department official who is a partner at Linklaters. “Institutions like the DOJ rely on their leaders to be a voice that defends them. It’s critically important to this institution that its leadership have its back.”

Although the Business Insider reported Sessions did praise his second-in-command Rod Rosenstein hours before the disputed Devin Nunes memo was released Friday by saying he represents “the kind of quality and leadership we want in the department” and he had “great confidence in the men and women of this department,” many commentators said that backing was quite meager when he added, “But no department is perfect.”

One such previous example often cited of far more courageous and strong backing is when ailing attorney general John Ashcroft from his hospital bed allowed his acting replacement, James Comey, to defy the Bush administration over a surveillance program that Justice Department lawyers had called unconstitutional.

Sessions, who has been heavily and publicly criticized by Trump in the past year, declined to comment to the Times.

“Sessions’ silence is evidence that Trump’s public neutering of anyone close to this investigation is working,” said Paul Pelletier, a Democratic candidate for Congress in Virginia who was a long-time federal prosecutor. “It is deleterious to the whole criminal justice process.”

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

The law enforcement community might have thought that they were getting a strong defender/advocate in the right-winger Sessions. After all, he’s out to bust those recreational legalized marijuana users and hard-working maids and janitors who have been in the U.S. without documents for decades waiting for the immigration reform that never came because he helped block it in the Senate.

But, what they actually got was a disingenuous “Gonzo Apocalypto” White Nationalist interested primarily in advancing his racially inspired agenda at the expense of the U.S. justice system and anyone who might stand in the way. Oh yeah, and a guy who is also very interested in “covering his own tail.” That’s why he didn’t hesitate to hire DC Lawyer Chuck Cooper to defend him once his continuing “memory lapses” came to light in the Russia investigation and things started “hitting the fan.”

A guy with no time for the rights of African-Americans Latinos, Immigrants, LGBTQ Americans, women, or apparently his subordinates and employees at the DOJ seems to have an excellent sense of his own rights and self-preservation. And, he isn’t so silent when it comes to an opportunity for slandering and diminishing the achievements of DACA recipients, Immigrants, sanctuary cities, asylum seekers, or people of color who are supposed to be entitled to justice and protection from his more or less “Whites only” DOJ.

PWS

02-06-18

 

HON. JEFFREY CHASE: Matter of W-Y-C- & H-O-B- & The Unresolved Tension In Asylum Adjudication! – Plus My Added Commentary On EOIR Training!

https://www.jeffreyschase.com/blog/2018/2/4/the-proper-role-of-immigration-judges-as-asylum-adjudicators

The Proper Role of Immigration Judges as Asylum Adjudicators

I would like to expand on the topic raised in my response to the BIA’s recent precedent decision in Matter of W-Y-C- & H-O-B-.  In the U.S. system, what tensions exist between an immigration judge’s role as an independent judge within an adversarial system, and his or her overlapping role as an adjudicator of asylum claims?

As we all know, the 1980 Refugee Act was enacted to put the U.S. in compliance with the 1951 Convention on the Status of Refugees (to which the U.S. acceded through the 1967 Protocol).  For that reason, numerous courts through the years have found the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status to provide “significant guidance in construing the Protocol” and a useful instrument “in giving content to the obligations the Protocol establishes,” as the U.S. Supreme Court stated in INS v. Cardoza-Fonseca.  The BIA has referenced the UNHCR Handbook in at least ten precedent decisions, as have numerous circuit courts.

Paragraphs 66 and 67 of the Handbook state the following:

66. In order to be considered a refugee, a person must show well-founded fear of persecution for one of the reasons stated above. It is immaterial whether the persecution arises from any single one of these reasons or from a combination of two or more of them. Often the applicant himself may not be aware of the reasons for the persecution feared. It is not, however, his duty to analyze his case to such an extent as to identify the reasons in detail.

67. It is for the examiner, when investigating the facts of the case, to ascertain the reason or reasons for the persecution feared and to decide whether the definition in the 1951 Convention is met with in this respect… (emphasis added.)

Not surprisingly, this approach is employed by the USCIS Asylum Office.  Created in the implementation of the 1990 asylum regulations, the office’s first director, Gregg Beyer, previously worked for UNHCR for more than 12 years.  The Asylum Officer Basic Training Manual (“AOBTM”) on the topic of nexus states that although the applicant bears the burden of proving nexus, the asylum officer has an affirmative duty to elicit all relevant information, and “should fully explore the motivations of any persecutor involved in the case.”  The AOBTC therefore directs the asylum officer to “make reasonable inferences, keeping in mind the difficulty, in many cases, of establishing with precision a persecutor’s motives.”

The AOBTC also cites the 1988 BIA precedent decision in Matter of Fuentes.1  In that case, the Board held that “an applicant does not bear the unreasonable burden of establishing the exact motivation of a ‘persecutor’ where different reasons for actions are possible.  However, an applicant does bear the burden of establishing facts on which a reasonable person would fear that the danger arises on account of” a protected ground.

In Canada, the Immigration and Refugee Board takes the view that “it is for the Refugee Division to determine the ground, if any, applicable to the claimant’s fear of persecution.”  The U.S. is unusual, if not unique, among western nations in not also delegating this responsibility to immigration judges. Also, note that the IRB references the “Refugee Division;” like many countries, Canada’s equivalent of immigration courts is divided into immigration and refugee divisions, in recognition of the special obligations and knowledge that asylum determinations require.  The U.S. immigration court system does not have a separate refugee determination division; asylum claims are heard by the same judges and under the same conditions as all other types of immigration cases.  Furthermore, as noted above, U.S. immigration judges hear cases in an adversarial setting, in which judges assume a passive, neutral role.

The role of asylum adjudicator carries responsibilities that are at odds with the the role of neutral arbiter.  Asylum adjudicators are required to share the burden of documenting the asylum claim; the UNHCR Handbook at para. 196 states that “in some cases, it may be for the examiner to use all of the means at his disposal to produce the necessary evidence in support of the application.”2  And, as discussed above, once the facts are ascertained, it is the adjudicator who should identify the reasons for the feared persecution and determine if such reasons bear a nexus to a protected ground.

During the Department of Justice’s asylum reform discussions in the early 1990s, Gregg Beyer stated that the idea of separate asylum judges was considered, but ultimately rejected.  To my knowledge, EOIR has never conducted an in-depth analysis of the conflicts between the judge’s responsibilities as an asylum adjudicator and his or her role as a neutral arbiter in adversarial proceedings.  I discussed the Board’s incorrect holding in Matter of W-Y-C- & H-O-B- under which genuine refugees may be ordered returned to countries where they will face persecution because the asylum applicants lacked the sophistication to properly delineate a particular social group, a complex legal exercise that many immigration attorneys (and immigration judges) are unable to do.  The problem also extends to other protected grounds.  Would an unrepresented asylum applicant (who might be a child) understand what an imputed political opinion is?  Would most asylum applicants be able to explain that actions viewed as resisting the authority of a third-generation gang such as MS-13 might constitute a political opinion?  Regulations should be enacted making it the responsibility of immigration judges to consider these questions.  Additionally, immigration judges, BIA Board Members and staff attorneys should be required to undergo specialized training to enable them to identify and properly analyze these issues.

Notes:

1. 19 I&N Dec. 658 (BIA 1988).

2. See also the BIA’s precedent decision in Matter of S-M-J-, 21 I&N Dec. 722 (BIA 1997), which I have referenced in other articles.

Copyright 2017 Jeffrey S. Chase.  All rights reserved.

 

 

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Jeffrey S. Chase is an immigration lawyer in New York City.  Jeffrey is a former Immigration Judge, senior legal advisor at the Board of Immigration Appeals, and volunteer staff attorney at Human Rights First.  He is a past recipient of AILA’s annual Pro Bono Award, and previously chaired AILA’s Asylum Reform Task Force.”

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

Jeffrey points out the pressing need for better “specialized training” in asylum adjudication for Immigration Judges at both the BIA and Immigration Court levels. Sadly, however, DOJ & EOIR appear to be moving in exactly the opposite direction.

  • Last year, notwithstanding the addition of many new Immigration Judges and retirement of some of the most experienced Immigraton Judges, DOJ cancelled the nationwide Immigration Judge Conference, the only “off the bench” training that most Judges get.
  • Cancellation of the annual training conference or resort to ridiculously amateurish “CD training” was a fairly regular occurrence in the “Post-Moscato Era” (post-2000) of EOIR.
  • Too often so-called “asylum training” at EOIR was conducted by DOJ Attorneys from the Office of Immigration Litigation (“OIL”), Board Members, or Board Staff. The emphasis was basically on “how to write denials that will stand up on appeal” rather than how to recognize and grant legally required protection.
  • Immigration Judges with “special insights” into the situation of asylum seekers seldom were invited to be speakers. For example, one of my most distinguished colleagues was Judge Dana Leigh Marks of the San Francisco Immigration Court. Judge Marks successfully represented the applicant in the landmark U.S. Supreme Court case INS v. Cardoza-Fonseca, 480 U.S. 421 (1987)  (as the INS Deputy G.C. & Acting G.C. I was helping the Solicitor General with the “losing argument” in behalf of my “client.”) Cardoza-Fonseca established the “well founded fear” standard for asylum and probably is the most important case in the history of U.S. asylum law. Yet, I never remember hearing Judge Marks on any panel at the Annual Conference, let alone one dealing with asylum.
  • One notable exception were the “mandatory” presentations by the U.S. Commission on International Religious Freedom (“USCIRF”), an independent Government agency. Led by Senior Advisor on Refugee Issues Mark Hetfield (now President and CEO of HIAS) the USCIRF provided examples of bias in asylum adjudication and explained how Immigration Judges and the BIA sometimes erred by filtering religious claims through our “Americanized Judeo-Christian prism” instead of taking time to understand the unique conditions affecting religion and religious freedom in each country.
  • There was never much positive follow-up on the USCIRF observations. I was probably one of the few Immigration Judges who regularly consulted and discussed the reports and findings of the USCIRF in my decision-making (even many experienced asylum advocates often overlooked this invaluable resource).
  • I remember at my “Immigration Judge Basic Training” in 2003 being told to prepare for the fact that most of my “oral decisions” would be asylum denials. I was skeptical then and found that quite to the contrary, the majority of asylum cases that got to Individual Hearing in Arlington were eminently “grantable.” Pretty much as I had unsuccessfully argued for years with my colleagues while I was on the BIA. For the most part, the U.S. Courts of Appeals eventually reaffirmed much of what my long-since banished “dissenting colleagues” and I had been saying all along about the overly restrictive application of U.S. asylum law by the BIA and many U.S. Immigration Judges.
  • There is absolutely nothing in the recent anti-asylum campaign (based on distorted narratives, no facts, or just plain intentional misinformation) by Attorney General Jeff Sessions and EOIR leadership that would lead me to believe that any type of fair, professional, properly balanced asylum training for Immigration Judges and BIA Appellate Immigration Judges is in the offing.
  • All of this adds up to the pressing need for the elimination of USDOJ control over the U.S. Immigration Courts, the creation of an independent U.S. Immigration Court, and the restructuring of the Immigration Courts into a true Due Process oriented court system, rather than a mere “whistle-stop on the deportation railroad!”

PWS

02-05-18

THE SPLC ANALYZES TRUMP’S CONTORTED AND CONTRIVED MESSAGE OF HATE, INTOLERANCE, & DIVISION!

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FIGHTING HATE // TEACHING TOLERANCE // SEEKING JUSTICE

FEBRUARY 3, 2018

“In his State of the Union address this week, President Trump congratulated his administration for having “taken historic actions to protect religious liberty.”

It certainly was historic in October when Trump became the first sitting president to give the keynote address at an annual summit hosted by an anti-LGBT hate group, the Family Research Council.

And it was historic when his attorney general, Jeff Sessions, issued religious freedom guidance eroding protections for LGBT people after he consulted with another anti-LGBT hate group, the Alliance Defending Freedom.

But it was an anti-immigrant hate group, the Center for Immigration Studies (CIS), whose talking points laced the State of the Union address this week.

CIS presents itself as an independent think tank, but it began as a project of the anti-immigrant hate group Federation for American Immigration Reform and was founded by white nationalist John Tanton.

CIS frequently manipulates its findings to achieve results that further its anti-immigrant agenda. Last fall, for instance, CIS staffer Jessica Vaughn published a report exaggerating how many people would enter America via a process that CIS calls “chain migration” — the hate group’s preferred phrase to stigmatize the idea of immigrant families reuniting.

The phrase “chain migration” appeared twice in this week’s State of the Union, alongside dangerous and hateful misinformation about immigrants taken directly from CIS talking points.

Given the State of the Union’s author, that should be no surprise.

Senior adviser Stephen Miller, who took the lead writing the speech, served for years as an aide to Jeff Sessions, who has himself endorsed CIS’ work, spoken on a CIS panel, and taken whispered counsel from a former CIS staffer during immigration debates on the Senate floor.

When Sessions hired Miller fresh from Duke University, he did so at the recommendation of anti-Muslim extremist David Horowitz. Now in the White House, Miller has been claimed and praised by extremists for advocating policy on hate group wish lists and pushing anti-immigrant narratives like the one we heard in the State of the Union.

“For decades, open borders have allowed drugs and gangs to pour into our most vulnerable communities. They have allowed millions of low-wage workers to compete for jobs and wages against the poorest Americans,” Trump said Tuesday, reading Miller’s text off a teleprompter.

But studies consistently show that immigrants help — not hurt — the U.S. economy.

“Most tragically, they have caused the loss of many innocent lives,” Trump said Tuesday — despite study after study finding immigrants commit crime at rates lowerthan native-born Americans, not higher.

Hate groups should not have a seat at the table on matters of national policy or influence what talking points to highlight in the State of the Union.

But thanks to Stephen Miller, they have exactly that.

The Editors

P.S. Here are some other pieces we think are valuable this week:

What kids are really learning about slavery by Melinda Anderson for The Atlantic

How the far right has perfected the art of deniable racism by Gary Younge for The Guardian

Indian slavery once thrived in New Mexico. Latinos are finding family ties to it by Simon Romero for The New York Times

The terrifying rise of alt-right fight clubs by Bryan Schatz for Mother Jones

View this email in your browser.”

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Yup. Sadly, Trump and his cohorts Sessions & Miller are out to divide, not unify America (except in the sense that they are unifying all decent Americans against their White Nationalist, racist agenda). For years, the GOP right-wing has “talked around” the racism and White Nationalism inherent in many of their programs and actions, using euphemisms like “reform,” “streamlining,” “right to work,” “combatting voter fraud,” etc. And, while occasionally it earns them a mild “tisk, tisk” from so-called “moderate” or “mainstream” Republicans, for the most part the spineless leadership of the GOP has given racism, White Nationalism, and xenophobia a “free Pass.”

Just look at the “hero of the GOP moderates,” Mitt Romney. “The Mittster” appears poised to reenter politics as the Junior Senator from Utah, replacing the retiring Orrin Hatch.

While carefully steering a moderate line on immigration during his governorship of “Blue State” Massachusetts, once nominated for the Presidency, Romney hired the notorious racist/White Nationalist/vote suppressor Kris Kobach as his “Immigration Advisor.” He then proceeded to largely adopt the White Nationalist line in immigration, including the famous Kobach initiative that sought to make life so miserable for hardworking, law-abiding undocumented residents (known in White Nationalist lingo as “illegals”) that they would “self-deport.”

Who is the real Mitt Romney? Nobody knows. But, my guess is that he’ll stand with the White Nationalists on immigration.

Although he has been sharply critical of Trump at times, it’s likely that when push comes to shove, he’ll line up behind the Trump-far right agenda just like other so-called “critics” such as Sen. “Bobby the Cork” Corker, Sen. Jeff Flake, Sen. John McCain, Sen. Susan Collins, and Sen. Lisa Murkowski when it came to “sticking it to America” with the GOP Tax ripoff. After all, remember how quick Mitt was to “pretzel himself up” and grovel before Trump on the off-chance that he would be allowed to serve the Great Con-Master as Secretary of State!

PWS

02-03-18

 

 

 

 

 

 

 

Michael Paarlberg @ THE GUARDIAN: HOW WACKO & COUNTERPRODUCTIVE IS TRUMP/SESSIONS “GONZO” IMMIGRATION ENFORCEMENT? — Who Screws Their Friends & Productive Residents While Empowering Multinational Gangs? — “[MS-13] can’t really be described accurately as a single gang but is rather a network of gangs with little centralized authority and a franchised name, whose street value only increases with each press conference by Trump and Sessions. . . . There aren’t many beneficiaries of Trump’s immigration policy, but there’s at least one: MS-13 couldn’t have asked for a better president than Trump.”

https://www.theguardian.com/commentisfree/2018/feb/02/trump-immigration-bogeymen-ms-13-chain-migration?CMP=Share_iOSApp_Other

Paarlberg writes:

“In 1968, a British Conservative politician, Enoch Powell, made what became known as his “Rivers of Blood” speech. In it, he sounded an alarm about what he imagined to be an unchecked immigrant invasion of the United Kingdom, at a time when the country’s immigrant population had only grown from 5 to 6% in the previous decade.

Crime was low, less than one homicide per 100,000 residents, a tenth the rate of the US. Quoting a constituent, he foresaw the day when “the black man will have the whip hand over the white man”. In subsequent decades, immigration slowly inched upwards, but the scenario Powell envisioned failed to materialize.

Half a century later, we Americans live in a Powellesque moment in which politicians’ hysterical rhetoric surrounding immigration is completely at odds with the facts. President Trump, giving his own Rivers of Blood speech on Tuesday, painted a grim picture of a wave of hardened criminal immigrants, exploiting diversity visas and “chain migration”, running around the country murdering people left and right.

In reality, illegal immigration to the US is down, not up. Trump would like to take credit for this with his tough talk about walls, rapists, and “bad hombres” from Mexico, but the number of unauthorized immigrants in the country has been falling for the past decade, due not to xenophobic bluster but the Great Recession.

Net migration from Mexico is currently negative: more Mexicans are leaving the US than coming in, and have been doing so since the end of the Bush administration. In coming decades, most new immigrants to the US will not be from Latin America at all, but from China and India.

Violent crime, too, is down, way down: FBI statistics show violent crimes are just half of what they were in the early 90s. Trump would have you believe that immigrants are responsible for “tremendous amounts of crime”, but research shows immigrants commit less crime than native-born Americans.

In fact, it started in Los Angeles in the 1980s, was originally made up of adolescent stoners who listened to heavy metal, and only grew into a much larger and more vicious, officially designated “transnational gang” thanks to mass criminal deportations by the Clinton administration to poor countries that were ill-equipped to deal with the influx.

It can’t really be described accurately as a single gang but is rather a network of gangs with little centralized authority and a franchised name, whose street value only increases with each press conference by Trump and Sessions. And for all the hype, MS-13 is a relatively small player here. Its estimated US membership has remained constant for the past decade at around 10,000, or less than 1% of the 1.4 million gang members in the US: far smaller than the Crips, Bloods, Latin Kings, or Aryan Brotherhood.

Even the face tattoo image is out of date; MS cliques have been discouraging members from getting them after belatedly realizing it makes them easy to identify by police.

As for the origins of this nonexistent immigrant crime wave, Trump blames “chain migration”, the more menacing nativist buzzword for family reunification, the principle on which our immigration laws are founded.

“Chain migration” is actually a conservative idea: the Immigration and Nationality Act, which was passed in 1965, was sold to immigration restrictionists as a law which would preserve mostly white immigration while doing away with the overtly racist, eugenics-inspired quota laws it replaced. Because by 1965, most immigrants to the US were from Europe, it was assumed that giving preference to family members of current immigrants would restrict immigration from other parts of the world.

After all, it is a policy which upholds the family as a unit. Families, conservatives argued, were preferable to single men. They encourage stable employment, homeownership, participation in the community, and provide a source of private, non-state welfare for needy relatives. Families are what keeps people out of trouble, the kind Trump imagines immigrants are getting into, and which may actually happen if he succeeds in taking away this base of support.

It wouldn’t be the first time US immigration policy had the opposite of its intended effect, from Johnson’s 1965 immigration law to Clinton’s criminal deportations. Similarly, Trump’s recent decision to revoke TPS protection for over 200,000 legal immigrants from Haiti and El Salvador will only increase the number of unauthorized immigrants and lead to more unauthorized immigration in the future: mass deportations mean a loss of cash remittances from those immigrants to countries whose economies are heavily dependent on them, which will only worsen unemployment and send more migrants north.

Breaking up families also creates the conditions of insecurity under which predatory gangs thrive. In Central America, deportations from the US give gangs a new vulnerable population to recruit from. In the US, the loss of family networks and raids which push migrants into the shadows give them a new vulnerable population to extort. There aren’t many beneficiaries of Trump’s immigration policy, but there’s at least one: MS-13 couldn’t have asked for a better president than Trump.”

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Pretty much what I’ve been saying all along! With their toxic mixture of ignorance, arrogance, incompetence, bias, White Nationalism, and racism, Trump, Sessions, Miller, and their sycophantic followers have been destroying American communities, weakening and dissolving American society, and empowering our enemies, foreign and domestic! Other than that, they’re a great bunch of guys.

The only folks happier than MS-13 about the Trump/Sessions regime and their “sell-out” of America and American values are Vladi Putin and his Oligarchs.

PWS

02-02-18

JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!

https://slate.com/news-and-politics/2018/02/the-nativist-blueprint-for-trumps-immigration-plan.html

Jamelle writes in Slate:

“State of the Union on Tuesday night, “one that admits people who are skilled, who want to work, who will contribute to our society, and who will love and respect our country.”

The president and his allies claim such an immigration policy would promote cohesion and unity among Americans “and finally bring our immigration system into the 21st century.” Far from forward-facing, however, the president’s policies evoke the beginning of the 20th century, when war abroad and opportunity at home brought waves of immigrants to the United States, from Italians, Polish, and Russians to Chinese and Japanese. Their arrival sparked a backlash from those who feared what these newcomers might mean for white supremacy and the privileged position of white, Anglo-Saxon Americans. Those fears coalesced into a movement for “American homogeneity,” and a drive to achieve it by closing off America’s borders to all but a select group of immigrants. This culminated in 1924 with the Johnson-Reed Act, which sharply restricted immigration from Southern and Eastern Europe and all but banned it from much of Asia.

Members of the Trump administration have praised the Johnson-Reed Act for its severe restrictions on who could enter the country, and the act’s history helps illuminate what exactly Trump means when he says he wants to put “America first.”

The cohesion Trump espouses isn’t national or ideological. It is racial. The fight over immigration isn’t between two camps who value the contributions of immigrants and simply quibble over the mix and composition of entrants to the United States. It is between a camp that values immigrants and seeks to protect the broader American tradition of inclusion, and one that rejects this openness in favor of a darker legacy of exclusion. And in the current moment, it is the restrictionists who are the loudest and most influential voices, and their concerns are driving the terms of the debate.

At the heart of the nativist idea is a fear of foreign influence, that some force originating abroad threatens to undermine the bonds that hold America together. What critics condemned as “Know Nothing-ism” in the 19th century, adherents called Americanism. “The grand work of the American party,” said one nativist journal in 1855, “is the principle of nationality … we must do something to protect and vindicate it. If we do not, it will be destroyed.”

In the first decades of the 20th century, the defense of “the principle of nationality” took several forms. At the level of mass politics, it meant a retooled and reinvigorated Ku Klux Klan with a membership in the millions, whose new incarnation was as committed to anti-immigrant, anti-Catholic, and anti-Semitic politics as it was to its traditional anti-black racism. In Behind the Mask of Chivalry: The Making of the Second Ku Klux Klan, historian Nancy MacLean notes how Georgia Klan leader William Joseph Simmons warned his followers that they were, in his words, “being crowded out by a “mongrel population … organized into Ghettos and Communistic groups … and uplifting a red flag as their insignia of war.” Likewise, Klan leaders and publications blasted Catholic immigrants as “European riff-raff” and “slaves of ignorance and vice” who threatened to degrade the country at the same time that they allegedly undermined native-born white workers. When, in 1923 and 1924, Congress was debating the Johnson-Reed Act, the Klan organized a letter-writing campaign to help secure its passage, turning its rhetoric into political action.

At the elite level, it meant the growth of an intellectual case for nativism, one built on a foundation of eugenics and “race science.” Prominent scholars like Madison Grant (The Passing of the Great Race) and Lothrop Stoddard (The Rising Tide of Color Against White World Supremacy) penned books and delivered lectures across the country, warning of a world in which “Nordic superiority” was supplanted by those of so-called inferior stock. “What is the greatest danger which threatens the American republic today?” asked eugenicist Henry Fairfield Osborn in the preface to Grant’s book. “I would certainly reply: The gradual dying out among our people of those hereditary traits through which the principles of our religious, political and social foundations were laid down and their insidious replacement by traits of less noble character.” The aim of the nativists was to preserve those traits and admit for entry only those immigrants who could fully and easily assimilate into them.

. . . .

It is true that there are some more moderate restrictionists in the mix, for whom the drive to reduce legal immigration is driven by concern and prudence—concern over immigration’s impact on wage and employment, especially among the country’s working-class citizens, and prudence regarding our ability to assimilate and absorb new arrivals.

The facts do not support these misgivings. Low-skilled immigration does more to bolster prospects for working-class Americans—providing complementary employment to construction and farm labor—than it does to lower wages. Likewise, immigrants to the United States have shown a remarkable capacity for assimilation, quickly integrating themselves into the fabric of American life by building homes, businesses, and families. To the extent that native-born workers need protection, it’s best provided by stronger unions and more generous support from the government.

But those moderate voices aren’t setting the agenda. Instead, it’s the hardliners who have used their initiative to inject nativism into mainstream politics and channel, in attenuated form, the attitudes that produced the 1924 law. President Trump, for example, ties Hispanic immigrants to crime and disorder, blaming their presence for gang violence. He attributes terror attacks committed by Muslim immigrants to the “visa lottery and chain migration” that supposedly allows them unfettered access to American targets. And in a recent meeting with Democratic and Republican lawmakers, Trump disparaged Haiti and various African nations as “shitholes” (or “shithouses”) whose immigrants should be turned away from the country in favor of those from European countries, like Norway. It’s unclear if Trump is aware of Rep. Albert Johnson, who spearheaded the 1924 immigration law. But in his racial ranking of immigrants, the president echoed the congressman’s sentiments. “The day of unalloyed welcome to all peoples, the day of indiscriminate acceptance of all races, has definitely ended,” proclaimed Johnson on the passage of the bill that bore his name.

The president isn’t alone in his views. Before joining the Trump administration, former White House adviser Stephen Bannon openly opposed nonwhite immigration on the grounds that it threatened the integrity of Western nations. And while Bannon has been exiled from Trump’s orbit, that legacy lives on. Stephen Miller, who is now the driving force behind immigration policy in the Trump administration, is a notorious hardliner who has echoed Bannon’s views, bemoaning the number of foreign-born people in the United States.

Miller is the former communications director for and protégé of Jeff Sessions, who as Alabama’s senator praised the Johnson-Reed Act and its restrictions on foreign-born Americans. “When the numbers reached about this high in 1924, the president and Congress changed the policy, and it slowed down immigration significantly,” Sessions said in a 2015 interview with Bannon. “We then assimilated through the 1965 and created really the solid middle class of America, with assimilated immigrants, and it was good for America.”

As attorney general, Sessions has leaned in to these views. “What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful?” said Sessions during a recent interview on Fox News. “That is not what a good nation should do, and we need to get away from it.” Rep. Steve King of Iowa, a staunch defender of Trump, is especially blunt in his defense of hardline immigration policies. “Assimilation, not diversity, is our American strength,” he said on Twitter last year.

Assimilation in those middle decades of the 20th century was built, to a considerable extent, on racial exclusion. It was assimilation into whiteness, one which bolstered and preserved the racial status quo. There’s no return to the America of that era, but one could slow the nation’s demographic transition. The White House proposals for immigration reform seem designed to do just that. According to an analysis from the Cato Institute, President Trump’s framework for immigration would slash entries by 44 percent, excluding almost 22 million people from the United States over the next 50 years. And in an analysis tied to the “Securing America’s Future Act”—a House-produced bill which hews closely to what the president wants—the Center for Global Development finds that white immigrants would be twice as likely to attain entry into the United States than black and Hispanic ones, while a majority of Muslim and Catholic immigrants would be barred from the country. Couple these measures with voter suppression, a biased census, apportionment by citizenship, extreme gerrymandering, and the existing dominance of rural counties in national politics, and you can essentially rig the system for the preservation of white racial hegemony.

Immigration policy is inextricably tied to our nation’s self-identity. What we choose to do reflects the traditions we seek to uphold. In the 1920s, most Americans wanted a more homogenous country, and they chose accordingly. Forty years later, in the midst of the civil rights revolution and a powerful ethos of inclusion, Americans reversed course, opening our borders to millions of people from across the globe. In this moment, we have two options. We can once again take the path that wants to keep “America for Americans,” and which inevitably casts American-ness in ways circumscribed by race, origin, and religion. Or we could try to realize our cosmopolitan faith, that tradition of universalism which elevates the egalitarian ideals of the Founding, and which seeks to define our diversity of origins as a powerful strength, not a weakness to overcome.

portrait of Jamelle Bouie

Jamelle Bouie

Jamelle Bouie is Slate’s chief political correspondent.”

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Read the complete article, with more historical references to the racist historical basis for today’s GOP restrictionist policies, at the link.

Actually, “Gonzo Apocalypto,” most of those Latino, African, Hispanic, and Middle Eastern immigrants that you look down upon and disrespect aren’t illiterate in their own countries. And, they probably speak and understand English better than you do their native languages.

While you, Gonzo, have spent most of your adult life on the “public dole,” trying to turn back the clock and, as far as I can see, doing things of questionable overall value to society, immigrants have been working hard at critical jobs, at all levels of our society, that you and your White Nationalist buddies couldn’t or wouldn’t be able to do. Hard-working immigrants, not your “White Nationalist Myth,” have advanced America in the latter half of the 20th Century and the beginning of the 21st Century. Immigrants will continue to make America stong, prosperous, and great, if you and your White Nationalist restrictionist cronies would only get out of the way of progress!

“We can once again take the path that wants to keep “America for Americans,” and which inevitably casts American-ness in ways circumscribed by race, origin, and religion. Or we could try to realize our cosmopolitan faith, that tradition of universalism which elevates the egalitarian ideals of the Founding, and which seeks to define our diversity of origins as a powerful strength, not a weakness to overcome.”

Right on, Jamelle!

PWS

02-02-18

GONZO’S WORLD: SOMEBODY’S GOT TO DO TRUMP’S “DIRTY WORK” AT JUSTICE — GONZO WELCOMES THE CHANCE – “CHATTER ON THE STREET” SAYS HE’S BEEN TERRIFIC AT IMPLEMENTING RACIST, WHITE NATIONALIST AGENDA AND “DECONSTRUCTING” JUSTICE IN AMERICA! – Damage To Rights Of American Blacks, Latinos, Gays, and Other “Targeted Groups” Could Be Long Lasting!

“Dirty Work” by Steely Dan.

Check it out here:

http://www.metrolyrics.com/dirty-work-lyrics-steely-dan.html

https://www.washingtonpost.com/news/the-fix/wp/2018/01/23/its-looking-more-and-more-like-jeff-sessions-is-doing-trumps-political-dirty-work/?utm_term=.20948af9517b

Aaron Blake reports for the Washington Post:

“The defining moment of Jeff Sessions’s time as attorney general has been when he recused himself from oversight of the Russia investigation. That quickly led to the appointment of special counsel Robert S. Mueller III, who is now extensively probing President Trump. And by all accounts, it seriously strained Sessions’s relationship with Trump, who thinks Sessions should be protecting him and doing his bidding.

But there are increasing signs that Sessions has indeed done plenty of Trump’s bidding behind closed doors. And he’s done it on some dicey and very politically tinged issues — so much so that he made Trump’s second FBI director deeply uncomfortable with the whole thing.

The Post’s Devlin Barrett and Philip Rucker report that Sessions has pressured FBI Director Christopher A. Wray to get rid of his deputy Andrew McCabe, a holdover from James B. Comey’s FBI and favorite target for Republicans alleging bias in federal law enforcement. Some have reported that Wray even threatened to resign; The Post is reporting that he did not explicitly do so.

Here’s the meat of it all:

Sessions, Republican lawmakers and some members of the Trump administration have argued for weeks that Wray should conduct some kind of housecleaning by demoting or reassigning senior aides to his predecessor, Comey, according to people familiar with the matter. These people added that Sessions himself is under tremendous political pressure from conservative lawmakers and White House officials who have complained that the bureaucracy of federal law enforcement is biased against the president.

Trump has made no secret of his distaste for McCabe, even tweeting about it repeatedly after McCabe announced last month that he would soon retire, when he becomes eligible for full pension benefits. Trump’s tweets date back to the summer and have focused on McCabe’s wife’s run for the Virginia state legislature as a Democrat and ties to Hillary Clinton.

. . . .

In other words, Trump has publicly stated his preference for Sessions to try to get rid of McCabe, and he has suggested Wray do it as well. Now we find out Sessions did indeed attempt it, and Wray resisted it.

But it’s only the latest evidence that Sessions and his Justice Department are taking specific actions that Trump has publicly urged, even as they, in some cases, risk looking like they are in service to Trump’s political goals.

The New York Times reported recently that a Sessions aide went to Capitol Hill last year seeking derogatory information about Comey at a time when Trump clearly had his eyes on firing Comey. (A Justice Department spokesman has denied this occurred.) There are also reports that the Justice Department is considering a revival of its investigation into Hillary Clinton’s emails, which Trump has repeatedly called for. And back in August, Sessions announced a ramped-up effort to root out leakers in the federal government — just days after Trump tweeted that Sessions had taken “a VERY weak position” on the issue.

(Remarkably, Trump actually hit Sessions for his weak positions on both leakers and Clinton’s emails in the same tweet. The Justice Department now appears to be addressing both.)

The Post’s Josh Dawsey and Matt Zapotosky even reported last month that Sessions has engaged in an all-out campaign to regain Trump’s faith by pointing to things the Justice Department has done in service of Trump’s agenda. That’s a pretty remarkable state of affairs.

Some of these things are issues on which Sessions has clearly sided with Trump, especially the dangers of leakers. So it’s perhaps no surprise Sessions would pursue them. But the fact that Trump called for these actions before Sessions was reported to have taken them sure makes it look like he’s taking direction from Trump — or at least succumbing to pressure that Trump and others have brought to bear.

Sessions has also, notably, resisted that pressure at times. During congressional testimony in November, he very publicly shunned a Republican lawmaker’s conspiracy theory — one to which Trump has also alluded — about how the federal government may have colluded with Democrats to spy on Trump’s campaign. Sessions said the issue didn’t rise to the level of appointing a special counsel.

But the picture of what Sessions is doing behind the scenes is increasingly suggesting that Trump’s very public hints that his attorney general should do this or that have often resulted in those specific actions. And especially when it comes to things such as trying to force out McCabe or reportedly dig up dirt on Comey, it sure makes it look like Sessions is using his authorities to try to address Trump’s political aims.

And for an attorney general who leads the federal law enforcement that is currently investigating the president and his team, that’s a perception problem, at best.”

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Read Blake’s full article, complete with “Tweet Texts,” at the link.

Meanwhile “chatter” surrounding the DOJ credits Sessions for doing a “bang up” job of implementing his racist, White Nationalist agenda at Justice. Basically, according to some, he’s very effectively shifting the Government’s resources, focus, and litigating capacity to insuring  that no element of White privilege or far-Right religious intolerance goes unprotected.

At the same time, he’s using basically bogus or at least highly misleading “statistics” to “rev up” racist fervor against immigrant, primarily Latino communities and Democratic local officials who won’t go along with his program of attempting to draw false connections between immigrants and crime and terrorism. Meanwhile, he essentially has consigned the rights of African-Americans, Latinos, Immigrants, Migrants, Women who seek abortions, and the LGBTQ community to the “trash-bin of Justice.” Many who care about the future of racial equality and social justice in America are concerned that this type of “deep damage” to our justice system can’t easily be undone or repaired, even after Sessions and his “wrecking crew” finally depart the “Halls of Injustice.”

Reportedly, Sessions has been ably assisted in his campaign “to take the justice out of Justice” by Associate Attorney General Rachel B. Brand, the “number three” person at Justice. Brand, a former Assistant Attorney General for the Office of Legal Policy under Bush II, DOJ “vet,” and apparent “true believer” in the Radical Right, maintains a much “lower profile” than the ever controversial Sessions. But, apparently she and those under her excel at undoing and “deconstructing” all of the “social justice” achievements of the Obama Administration.

Following the “Watergate Disaster” in the 1970, where the Nixon Administration’s blatant politicization of the DOJ became a national scandal, succeeding Administrations, in my view, more or less “backed off” of obvious political partisanship at the DOJ. But, as Watergate becomes a “mere tiny image in the rearview mirror,” that “tradition of restraint” has gradually eroded. Sounds to me like the “Watergate Era” has basically returned to the DOJ. This time, and quite sadly for our Constitutional system of Government and the U.S. Justice System, there is some doubt as to whether it will ever depart again.

PWS

01-28-18