🏴‍☠️☠️🤮⚖️⚰️👎🏻KAKISTOCRACY WATCH: BILLY THE BIGOT BLOWS BIGTIME BS AT CONGRESS: Laura Coates @ CNN With Analysis Of Billy’s Opening Statement Liefest & Stream Of Racist Tropes! — With This Trump Toady As Chief Lawyer, & Feckless Courts & Legislators, The U.S. Legal System Is Functionally Dead ☠️⚰️

https://www.cnn.com/2020/07/28/opinions/william-barr-fallacies-undermine-justice-department-coates/index.html

Laura Coates is a CNN legal analyst. She is a former assistant US attorney for the District of Columbia and trial attorney in the Civil Rights Division of the Department of Justice. She is the host of the daily “Laura Coates Show” on SiriusXM. Follow her @thelauracoates. The views expressed in this commentary are her own. View more opinion on CNN.

(CNN)Attorney General Bill Barr’s written opening statement to the House Judiciary Committee was replete with mischaracterizations, fallacies and unnerving stereotypes that run afoul of the principle of equal justice — and which, taken together, show how he has transformed the Department of Justice that enforces the law to a department that undermines the rule of law.

These are but a few lines that should evoke a visceral reaction to the views of a man who sits at the helm of the most powerful prosecutorial office in the country.

1. “Ever since I made it clear that I was going to do everything I could to get to the bottom of the grave abuses involved in the bogus ‘Russiagate’ scandal, many of the Democrats on this Committee have attempted to discredit me by conjuring up a narrative that I am simply the President’s factotum who disposes of criminal cases according to his instructions.”

No, Attorney General Barr, you are not being accused of being a factotum, colloquially defined as a handyman. You stand accused of being a henchman who acts not only under the President’s instructions but, perhaps more nefariously, exclusively in the President’s interests. And what conveys this impression is not a deceptive narrative crafted by the Democratic members of the House Judiciary Committee, but rather your own conduct.

Case in point: undermining career prosecutors in what appears to clearly be the interests of President Donald Trump. Not once can I recall an attorney general weighing in on a career prosecutor’s sentencing recommendations for a defendant convicted of multiple felonies by a jury. Yet, this appears to be an increasingly frequent endeavor by this Attorney General on behalf of Trump associates, including, most recently former National Security Adviser Michael Flynn and the President’s long-time friend Roger Stone.

William Barr has a lot to explain about actions on Michael Cohen

The disturbing trend is underscored by the fact that the one convicted felon who has fallen out of the President’s favor, Trump’s former lawyer Michael Cohen, felt the knife twisted rather than removed when the Justice Department recently, albeit briefly, sent him back to prison under questionable

And Barr’s misuse of terms continues with the use of the term “Russiagate.” The use of the suffix “gate” insinuates that it is conspiratorial, farcical and worthy of derision. And yet, the Attorney General has confirmed, as recently as today’s colloquy with Louisiana Rep. Cedric Richmond, that Russia did interfere with the past presidential election and will presumably continue to interfere with our upcoming presidential election. Perhaps the nod to conspiracy theorists was inadvertent in light of overwhelming evidence he fails to dispute.

2. “Like his predecessors, President Trump and his National Security Council have appropriately weighed in on law-enforcement decisions that directly implicate national security or foreign policy, because those decisions necessarily involve considerations that transcend typical prosecutorial factors.”

No one doubts the propriety of the President of the United States and members of his National Security Council to get involved in cases that directly implicate the national security of this nation or those matters that directly relate to our foreign policy interests. What is in doubt is whether Barr’s defense of deploying federal agents to US cities is anything more than a pretextual reason to infringe upon the constitutional rights of Americans, namely their First Amendment rights to assemble and to protest their grievances with the government. A bald assertion of a national security interest does not absolve the executive branch from having to provide an appropriate and lawful justification when constitutional rights are implicated. And yet Barr has offered no compelling reason.

3. “I had nothing to prove and had no desire to return to government. … When asked to consider returning, I did so because I revere the Department and believed my independence would allow me to help steer her back to her core mission of applying one standard of justice for everyone and enforcing the law even-handedly, without partisan considerations.”

This is just laughable. He had no desire to return to the government? I have a June 2018 memo that says otherwise. It was entirely unsolicited, offered Barr’s insight on special counsel Robert Mueller’s handling of an investigation into Russia’s interference in our presidential election and read like a solicitation for a job. And lo and behold, he got his wish. Now, Barr has launched an investigation into the origins of what he calls “Russiagate” that seems to track the very outline he presented when he, ahem, had no desire to put skin in the game.

Barr’s suggestion that he was compelled to return to the helm out of a sincere interest to restore the objectivity and credibility of the Department of Justice is belied by his decision-making. His sentencing decisions that seem to show political favor, his failure to justify the use of force against peaceful protestors and his involvement in the removal of Geoffrey Berman, the former Attorney General for the Southern District of New York, comprise just a handful of the many instances where his conduct has undermined — not restored — the credibility of the Justice Department.

. . . .

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

Read the rest of Laura’s seven points at the link.

It’s a familiar pattern. After “stonewalling” Congressional oversight, Administration Kakistocrat finally shows up and arrogantly spews lies, misrepresentations, and false narratives under oath. Dems spend their time lecturing and pontificating, but don’t create the factual record for a subsequent perjury prosecution. (Ask yourself: What if Laura Coates were doing the questioning?)

GOP toadies in Congress “circle the wagons” and double down on the lies showing their complete contempt for truth, human decency, and good governance.

We already knew Barr was a shady character and that the GOP is unfit for any office in any branch. So, this hearing didn’t really accomplish much.

But it does demonstrate the absolute necessity for the majority of us who want to save our nation to get out the vote to remove Trump and the GOP at every level 🧹 in November.

This November, vote like your life depends on it! Because it does! Another four years of Trump’s racist malicious incompetence and the GOP kakistocracy could kill us all (including the truth-impervious Trumpsters and GOP toadies willing to seek the end of our democracy)! Victory for the “good guys” isn’t inevitable — it will take lots of energy and continuing hard work to save our nation!👍🏼🗽🇺🇸

PWS

07-29-20

🤮☠️⚰️👎🏻GOP POLITICO SUMS UP TRUMP’S INCREDIBLY NOXIOUS & DANGEROUS KAKISTOCRACY IN A FEW PARAGRAPHS: “Donald Trump has been the worst president this country has ever had. And I don’t say that hyperbolically,” Says Steve Schmidt (No Relation)!

https://www.cnn.com/2020/06/23/politics/steve-schmidt-donald-trump/index.html

“Donald Trump has been the worst president this country has ever had. And I don’t say that hyperbolically. He is. But he is a consequential president. And he has brought this country in three short years to a place of weakness that is simply unimaginable if you were pondering where we are today from the day where Barack Obama left office. And there were a lot of us on that day who were deeply skeptical and very worried about what a Trump presidency would be. But this is a moment of unparalleled national humiliation, of weakness.

“When you listen to the President, these are the musings of an imbecile. An idiot. And I don’t use those words to name call. I use them because they are the precise words of the English language to describe his behavior. His comportment. His actions. We’ve never seen a level of incompetence, a level of ineptitude so staggering on a daily basis by anybody in the history of the country whose ever been charged with substantial responsibilities.

“It’s just astonishing that this man is president of the United States. The man, the con man, from New York City. Many bankruptcies, failed businesses, a reality show, that branded him as something that he never was. A successful businessman. Well, he’s the President of the United States now, and the man who said he would make the country great again. And he’s brought death, suffering, and economic collapse on truly an epic scale. And let’s be clear. This isn’t happening in every country around the world. This place. Our place. Our home. Our country. The United States. We are the epicenter. We are the place where you’re the most likely to die from this disease. We’re the ones with the most shattered economy. And we are because of the fool that sits in the Oval Office behind the Resolute Desk.”

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

That about sums it up!

Or, you could just say: “A kakistocracy led by a maliciously incompetent racist moron!”

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

PWS

087-27-20

🏴‍☠️☠️🤮⚰️👎🏻KAKISTOCRACY HAS CONSEQUENCES: CLIMATE MIGRATION IS ONE OF THEM! — Trump’s Stupidity & Cruelty On Immigration Climate Science, & Disease Control Promises Horrible Global Human Disaster For Future Generations — Empowering & Enabling A Moron Is Always A Very Bad Idea! — No Idiotic Wall Or “Drill Baby Drill” Insanity Is Going To Prevent This Human Catastrophe We Are Inflicting On Those Who Follow!

🏴‍☠️

https://www.nytimes.com/interactive/2020/07/23/magazine/climate-migration.html

THE GREAT CLIMATE MIGRATION

By Abrahm Lustgarten | Photographs by Meridith Kohut

Early in 2019, a year before the world shut its borders completely, Jorge A. knew he had to get out of Guatemala. The land was turning against him. For five years, it almost never rained. Then it did rain, and Jorge rushed his last seeds into the ground. The corn sprouted into healthy green stalks, and there was hope — until, without warning, the river flooded. Jorge waded chest-deep into his fields searching in vain for cobs he could still eat. Soon he made a last desperate bet, signing away the tin-roof hut where he lived with his wife and three children against a $1,500 advance in okra seed. But after the flood, the rain stopped again, and everything died. Jorge knew then that if he didn’t get out of Guatemala, his family might die, too.

This article, the first in a series on global climate migration, is a partnership between ProPublica and The New York Times Magazine, with support from the Pulitzer Center. Read more about the data project that underlies the reporting.

Even as hundreds of thousands of Guatemalans fled north toward the United States in recent years, in Jorge’s region — a state called Alta Verapaz, where precipitous mountains covered in coffee plantations and dense, dry forest give way to broader gentle valleys — the residents have largely stayed. Now, though, under a relentless confluence of drought, flood, bankruptcy and starvation, they, too, have begun to leave. Almost everyone here experiences some degree of uncertainty about where their next meal will come from. Half the children are chronically hungry, and many are short for their age, with weak bones and bloated bellies. Their families are all facing the same excruciating decision that confronted Jorge.

The odd weather phenomenon that many blame for the suffering here — the drought and sudden storm pattern known as El Niño — is expected to become more frequent as the planet warms. Many semiarid parts of Guatemala will soon be more like a desert. Rainfall is expected to decrease by 60 percent in some parts of the country, and the amount of water replenishing streams and keeping soil moist will drop by as much as 83 percent. Researchers project that by 2070, yields of some staple crops in the state where Jorge lives will decline by nearly a third.

Scientists have learned to project such changes around the world with surprising precision, but — until recently — little has been known about the human consequences of those changes. As their land fails them, hundreds of millions of people from Central America to Sudan to the Mekong Delta will be forced to choose between flight or death. The result will almost certainly be the greatest wave of global migration the world has seen.

In March, Jorge and his 7-year-old son each packed a pair of pants, three T-shirts, underwear and a toothbrush into a single thin black nylon sack with a drawstring. Jorge’s father had pawned his last four goats for $2,000 to help pay for their transit, another loan the family would have to repay at 100 percent interest. The coyote called at 10 p.m. — they would go that night. They had no idea then where they would wind up, or what they would do when they got there.

From decision to departure, it was three days. And then they were gone.

. . . .

Our modeling and the consensus of academics point to the same bottom line: If societies respond aggressively to climate change and migration and increase their resilience to it, food production will be shored up, poverty reduced and international migration slowed — factors that could help the world remain more stable and more peaceful. If leaders take fewer actions against climate change, or more punitive ones against migrants, food insecurity will deepen, as will poverty. Populations will surge, and cross-border movement will be restricted, leading to greater suffering. Whatever actions governments take next — and when they do it — makes a difference.

The window for action is closing. The world can now expect that with every degree of temperature increase, roughly a billion people will be pushed outside the zone in which humans have lived for thousands of years. For a long time, the climate alarm has been sounded in terms of its economic toll, but now it can increasingly be counted in people harmed. The worst danger, Hinde warned on our walk, is believing that something so frail and ephemeral as a wall can ever be an effective shield against the tide of history. “If we don’t develop a different attitude,” he said, “we’re going to be like people in the lifeboat, beating on those that are trying to climb in.”

Abrahm Lustgarten is a senior environmental reporter at ProPublica. His 2015 series examining the causes of water scarcity in the American West, “Killing the Colorado,” was a finalist for the 2016 Pulitzer Prize for national reporting. Meridith Kohut is an award-winning photojournalist based in Caracas, Venezuela, who has documented global health and humanitarian crises in Latin America for The New York Times for more than a decade. Her recent assignments include photographing migration and childbirth in Venezuela, antigovernment protests in Haiti and the killing of women in Guatemala.

Reporting and translation were contributed by Pedro Pablo Solares in Guatemala and El Salvador, and Louisa Reynolds and Juan de Dios García Davish in Mexico.

Data for opening globe graphic from “Future of the Human Climate Niche,” by Chi Xu, Timothy A. Kohler, Timothy M. Lenton, Jens-Christian Svenning and Marten Scheffer, from Proceedings of the National Academy of Sciences. Graphic by Bryan Christie Design/Joe Lertola.

Maps in Central America graphics sequence show total population shift under the SSP5 / RCP 8.5 and SSP3 / RCP 8.5 scenarios used by the U.N.’s Intergovernmental Panel on Climate Change, and it is calculated on a 15-kilometer grid. A cube-root scale was used to compress the largest peaks.

Projections based on research by The New York Times Magazine and ProPublica, with support from the Pulitzer Center. Model graphics and additional data analysis by Matthew Conlen.

Additional design and development by Jacky Myint and Shannon Lin.

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

Read the full article, with pictures and neat graphics, at the link!

“Safe Third Countries” indeed! It’s total fraud-enhanced immorality by the Trump regime, with our failed and failing “governing institutions” and the rest of the world fecklessly watching us be driven by the irrational hate and stupidity filled agenda of a madman and his toadies!

No wall will be high enough, no “American Gulag” cruel enough, no rhetoric racist enough, no laws hateful enough, no Supreme Court dehumanizing enough, no immorality and stupidity gross enough to stop mass human migration driven by climate change. “Desperate people do desperate things!”

This November, vote like the future of humanity depends on it. Because it does!

PWS

07-26-20

🏴‍☠️☠️🤮👎🏻ERROR SUPPLY: EOIR’s Anti-Asylum Bias, Failure To Apply Precedents, Earns Yet Another Rebuke From 3d Cir. — Blanco v. AG

Dan Kowalski reports for LexisNexis Immigration Community:

Immigration Law

Daniel M. Kowalski

25 Jul 2020

persecution

cat

Honduras

asylum

CA3 on Persecution: Blanco v. Atty. Gen.

Blanco v. Atty. Gen.

“Ricardo Javier Blanco, a citizen of Honduras, is a member of Honduras’s Liberty and Refoundation (“LIBRE”) Party, an anti-corruption political party that opposes the current Honduran president. After participating in six political marches, he was abducted by the Honduran police and beaten, on and off, for twelve hours. He was let go but received death threats over the next several months until he fled to the United States. He applied for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). The Immigration Judge (“IJ”) denied all relief, and the Board of Immigration Appeals (“BIA”) affirmed. Blanco now petitions for review of the agency’s decision, arguing that the BIA and IJ erred in denying his asylum and withholding of removal claims on the basis that his treatment did not rise to the level of persecution. He also argues that it was improper to require him to corroborate his testimony to prove his CAT claim. Because the agency misapplied our precedent when determining whether Blanco had established past persecution, and because it did not follow the three-part inquiry we established in Abdulai v. Ashcroft, 239 F.3d 542, 554 (3d Cir. 2001), before requiring Blanco to corroborate his CAT claim testimony, we will grant the petition, vacate the BIA’s decision, and remand for further proceedings.”

[Hats off to patent lawyers Gary H. Levin and Aaron B. Rabinowitz!]

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

This should have been a “no brainer” asylum grant!

Instead, after two levels of disturbingly unprofessional administrative decision-making, now driven by racism and overt anti-immigrant bias, and one layer of “real court” review, the case is basically back to square one. No wonder this “Deadly Clown Court” ☠️🤡 is running a 1.4 million backlog, and counting!

Think we have the wrong folks on the “Immigration Bench?” You bet! Two smart patent lawyers from Baker Hostetler run legal circles around an IJ, the BIA, and OIL!

Interestingly, a significant number of students in my Georgetown Law Summer Semester Immigration Law & Policy (“ILP”) Class have been patent examiners and/or patent attorneys! They have all been amazing, both in class dialogue and on the final exam. I suspect it has something to do with analytical skills, meticulous research, and attention to detail — always biggies in asylum litigation!

That’s why we must end a “built to fail” system that preys on unrepresented or underrepresented asylum seekers in illegal, intentionally inhumane and coercive, detention settings, where adequate preparation and documentation are impossible and where judges, too often lacking in asylum expertise, humanity, and/or the time to carefully research and deliberate, are pressured to engage in “assembly line denials.”

And, thanks to the racial dehumanization embraced by the Supremes’ majority many refugees, disproportionately those with brown or black skins, are completely denied fair access to the asylum hearing system. They are simply treated by our highest Court like human garbage — sent back to torture or potential death in unsafe foreign countries without any due process at all. So, the systemic failure is not by any means limited to the “Immigration Star Chambers.”

A simple rule of judging that appears “over the heads” of the current Supremes majority: If it wouldn’t be due process for you or your family in a death penalty case, than it’s not due process for any “person.” Not “rocket science.” Just “Con Law 101” with doses of common sense and simple humanity thrown in. So why is it beyond the capabilities of our most powerful judges?

If there is any good news coming out of this mess, it’s that more talented litigators like Gary Levin and Aaron Rabinowitz from firms like Baker Hostetler are becoming involved in immigration and human rights litigation. They often run circles around Billy the Bigot’s ethically-challenged group of captive DOJ lawyers, who can no longer operate independently and ethically, even if they want to.

So, in a better future, after regime change, there are going to be lots of really great sources for better judges out there at all levels of the Federal Judiciary from the eventually independent Immigration Courts, to the U.S. District Courts and Magistrate Judges, to the Courts of Appeals, all the way to the Supremes.

At the latter, we need new and better Justices: Justices who understand immigration and human rights laws and the overriding human interests at stake, who will “lose” the White institutional racial bias and perverted right-wing ideologies that infect our current Court, and who are dedicated to making the vision of folks like Dr. King and Congressman John Lewis for “equal justice under law” and an end to dehumanization of persons of color a reality under our Constitution and within our system of justice!

There is no excuse for the current Supreme Court-enabled travesty unfolding in a biased, broken, and dysfunctional immigration system every day!

Due Process Forever!

This November, vote like our nation’s future existence depends on it! Because it does!

PWS

07-26-20

🏴‍☠️☠️⚰️👎🏻🤮HATE & BIAS RULE WHERE EQUAL JUSTICE FOR ALL IS SCORNED! —THE WORST OF THE WORST FIND A HOME IN AMERICA’S STAR CHAMBERS, THANKS TO BILLY THE BIGOT, ENABLED BY A CONGRESS & ARTICLE III JUDGES UNWILLING TO STAND UP AGAINST “HATE AGENDA” IN “AMERICA’S STAR CHAMBERS!” — Noah Lanard @ Mother Jones Reports!

https://www.motherjones.com/politics/2020/07/he-defended-anti-gay-and-anti-muslim-causes-now-hes-an-immigration-judge/

Noah Lanard writes in Mother Jones:

He Defended Anti-Gay and Anti-Muslim Causes. Now He’s an Immigration Judge.

Brandon Bolling argued that Islam was incompatible with the First Amendment and homosexuality was not innate.

NOAH LANARD
Reporter
Bio | Follow

For indispensable reporting on the coronavirus crisis and more, subscribe to Mother Jones’ newsletters.

During the 2014–2015 school year, Caleigh Wood started to learn about Islam as part of her 11th grade world history class. Upon discovering this, Caleigh’s dad, John, wrote on Facebook that he “just about fucking lost it,” adding in response to a commenter, “A 556 round [of ammunition] doesn’t study Islam and it kills them fuckers everyday.” John told the school’s vice principal that “you can take that fucking Islam and shove it up your white fucking ass,” according to federal court records. After saying that he was going to create a “shit storm like you have never seen,” he got banned from the La Plata, Maryland, high school.

That could have been the end of the story. Instead, Brandon Bolling and other lawyers from the Thomas Law More Center, a right-wing Christian group that declares itself “battle ready to defend America,” represented John as he sued the Charles County public school system for allegedly attempting to indoctrinate his daughter into Islam.

Last week, the Justice Department announced that it had hired Bolling, a former Marine and federal attorney, to be an assistant chief immigration judge in Texas, even though he has no discernible immigration experience. During two stints at the Thomas More Law Center—neither of which is disclosed in his government bio—Bolling worked on numerous cases that pitted his clients against Muslims and the gay community. Now Bolling will help oversee the immigration cases of people detained in El Paso, and could be responsible for deciding whether victims of persecution based on their religions and sexual orientations receive protection under US asylum laws.

Bolling is one of 46 new immigration judges recently hired by the Trump administration. Another is Matt O’Brien, who served as the research director for the Federation for American Immigration Reform, one of the country’s leading anti-immigrant groups. The decision to hire both men is an escalation of the Trump administration’s efforts to select judges sympathetic to its anti-immigration agenda. (The Justice Department’s Executive Office for Immigration Review and the Thomas More Law Center did not respond to requests for comment.)

As part of the Justice Department, immigration courts lack the independence of federal courts. The decisions they make can determine whether immigrants who have been in the United States for decades can remain, or whether asylum seekers will be deported to the countries they fled. Even when immigrants appeal their decisions, they generally stick, since the Trump administration has made a point of filling the Board of Immigration Appeals with judges known for denying nearly all asylum claims.

. . . .

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

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

As the world watches America spiral downward and our institutions, once admired by democracy advocates everywhere, spinelessly crumble in the face of tyranny, nowhere is the problem more pronounced than in the clearly unconstitutional, bias-driven, and grotesquely unfair Immigration “Courts.”

Racial justice and equal justice in America will remain cruel illusions unless and until we demand an end to these Star Chambers and hold those responsible for creating and enabling their current toxicity accountable!

Certainly giving Thomas More a bad name. And like lots of those caught up in the EOIR Star Chamber, he has no way of defending himself against the Bollings and Barrs of the world!

PWS

07-25-20

🎥🎞📺NEW NETFLIX DOCUMENTARY SERIES SHOWS DHS’S CRUEL, MISGUIDED, WASTEFUL ENFORCEMENT UNDER TRUMP — Not Surprisingly, The Regime Wants To Suppress The Truth — At Least Until After The Election — Caitlin Dickerson @ NY Times Reports

Caitlin Dickerson
National Immigration Reporter
NY Times

https://www.nytimes.com/2020/07/23/us/trump-immigration-nation-netflix.html?unlocked_article_code=AAAAAAAAAAAAAAAACEIPuonUktbfq4hkT1UZACbIRp87tACDnb3Oxbk9iWX3MCmST3NExvgUBI7F_UrRa65id50zwzGfDpdnAYMYecZTnKVZLlA_DE6huIeFk5AIZC4_-Ni-B21ompyQB-x9rG6wYCywI-khgeXkskqLPTO-XaCM1WYzZ1ow-esTfl-h2nQJz6bBA7Q1joE4haF9c8g8ETQQZyCKvu3qDQF-PbiFbRLc7woxXYJJSG2Z3I7cu_9bLlIkWR-RR2h_4G0-9NpWJNoSWa7_JBUmc8b06q4DCJCm1elPvSY5zqibk_nysQ&smid=em-share

Caitlin reports:

In early 2017, as Immigration and Customs Enforcement prepared to carry out the hard-line agenda on which President Trump had campaigned, agency leaders jumped at the chance to let two filmmakers give a behind-the-scenes look at the process.

But as the documentary neared completion in recent months, the administration fought mightily to keep it from being released until after the 2020 election. After granting rare access to parts of the country’s powerful immigration enforcement machinery that are usually invisible to the public, administration officials threatened legal action and sought to block parts of it from seeing the light of day.

Some of the contentious scenes include ICE officers lying to immigrants to gain access to their homes and mocking them after taking them into custody. One shows an officer illegally picking the lock to an apartment building during a raid.

At town hall meetings captured on camera, agency spokesmen reassured the public that the organization’s focus was on arresting and deporting immigrants who had committed serious crimes. But the filmmakers observed numerous occasions in which officers expressed satisfaction after being told by supervisors to arrest as many people as possible, even those without criminal records.

“Start taking collaterals, man,” a supervisor in New York said over a speakerphone to an officer who was making street arrests as the filmmakers listened in. “I don’t care what you do, but bring at least two people,” he said.

The filmmakers, Christina Clusiau and Shaul Schwarz, who are a couple, turned drafts of their six-part project called “Immigration Nation” over to ICE leadership in keeping with a contract they had signed with the agency. What they encountered next resembled what happened to Mary L. Trump, the president’s niece, who was eventually sued in an unsuccessful attempt to stop her from publishing a memoir that revealed embarrassing details about the president and his associates.

Suddenly, Ms. Clusiau and Mr. Schwarz say, the official who oversaw the agency’s television and film department, with whom they had worked closely over nearly three years of filming, became combative.

The filmmakers discussed their conversations on the condition that the officials they dealt with not be named out of fear that it would escalate their conflict with the agency.

. . . .

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

Read Caitlin’s full article at the link.

The multi-part documentary begins airing on Netflix on August 3. You can watch the trailer at this link:

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjj05eA9eXqAhXagnIEHR5UBd4QwqsBMAJ6BAgKEAQ&url=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DX_xVKy58Yuw&usg=AOvVaw3B6_C_v-0f__UPQyLHJ-fy

See firsthand how your tax dollars are being largely wasted on cruel, unnecessary terrorizing of ethnic communities and populating the “New American Gulag” — “enforcement” that in too many cases actually harms our economy and our society and certainly diminishes both our integrity and humanity as a nation.

Catlin’s concluding paragraphs are worth keeping in mind:

The filmmakers said they came away with some empathy for the ICE officers, but became convinced that the entire system was harmful to immigrants and their families.

The problem, they said, was summarized in the first episode by Becca Heller, the director of the International Refugee Assistance Project.

“Is a government agency evil? No. Is every single person inside ICE evil? No,” Ms. Heller told the filmmakers. “The brilliance of the system is that their job has been siphoned off in such a way that maybe what they see day to day seems justified, but when you add it up, all of the people just doing their job, it becomes this crazy terrorizing system.”

We have all been harmed by Trump’s racist-driven “weaponization” of DHS and the Immigration Courts, and that includes the DHS employees and the Immigration Court employees who are caught up in this grotesque, often illegal, and overall immoral abuse of government authority and resources.

We should also be concerned about the First Amendment implications of Trump’s attempts to misuse Government authority to manipulate the election in his favor by, once again, suppressing truth in reporting. Thank goodness we have courageous journalists like Caitlin and these filmmakers to keep exposing the ugly truth about the Trump/Miller/Wolf/Barr ongoing White Nationalist immigration charade.

Due Process Forever!

PWS

07-24-20

🤮👎🏻☠️CHILD ABUSERS ON THE LOOSE — Rosenstein & Sessions Still At Large Even As Those Whose Lives Were Destroyed By Their Unconstitutional Actions Continue To Suffer Irreparable Harm — A Complete Institutional Meltdown Across All Three Branches Leaves U.S. As A Major Human Rights Abuser! — How Low Will We Go Before We Finally Say “No” To Racist Abuses! — “The family separations that followed are seen today by experts as one of the gravest domestic human rights violations to have occurred under the Trump administration.”

https://www.theguardian.com/us-news/2020/jul/23/child-separation-migrants-prosecutors-rod-rosenstein?CMP=Share_iOSApp_Other

From The Guardian:

Revealed: Rod Rosenstein advised there was no age limit on child separations

Former deputy attorney general’s 2018 conference call with US prosecutors in border states shocked some participants, Guardian learns

Stephanie Kirchgaessner in Washington

Published:

06:00 Thursday, 23 July 2020

Follow Stephanie Kirchgaessner

Rod Rosenstein, the former deputy attorney general, advised US attorneys implementing the 2018 zero-tolerance policy that there could be no blanket ban on prosecuting migrant parents who had children under the age of five, the Guardian has learned.

The comments on a conference call in May 2018 privately shocked some border state prosecutors because, in effect, it meant that no child was too young to be separated from its parents under the policy, which called for all migrants entering the US illegally to face criminal prosecution.

‘Suddenly they started gassing us’: Cuban migrants tell of shocking attack at Ice prison

The family separations that followed are seen today by experts as one of the gravest domestic human rights violations to have occurred under the Trump administration.

The policy was in place for six weeks and resulted in the separation of 2,814 children from their parents and guardians, about 105 of whom were under the age of five and 1,033 under 10.

Rosenstein issued his guidance to US attorneys from states on the Mexican border about two weeks after the then attorney general, Jeff Sessions, issued an order that there would be an “escalated effort” to prosecute all illegal entries into the US along the southern border, according to sources familiar with the matter who spoke to the Guardian under the condition of anonymity.

Previously, under the Obama administration, most families who crossed the border illegally were detained together if they were arrested or were released pending an immigration trial, but were only separated if authorities deemed children to be in danger.

There were questions among the border state US attorneys at that time about how the zero-tolerance policy would be implemented and the conference call with Rosenstein sought to address those issues.

On the call, one US attorney, John Bash of the western district of Texas, said he had declined to prosecute several cases that had been referred to him by Customs and Border Protection (CBP) that involved children under the age of five.

In response, sources familiar with the matter said Rosenstein told the US attorneys that they could not decline to prosecute cases based on the age of the children who would be separated from their parents because there was “no categorical exemption” under the order.

During the call, Rosenstein was also asked whether prosecutors could decline to prosecute parents with children who only spoke indigenous languages, meaning they were unable to communicate in English or Spanish, or those whose children had intellectual disabilities. Rosenstein said that prosecutors could opt to decline to prosecute individuals with children under those two circumstances on a case-by-case basis, sources said.

The comments were met with shock by some of the US attorneys, sources said, because there was concern that children who were under the age of five would not know their own names or their parents’ names and that it posed a risk of children potentially getting lost in the system.

. . . .

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

Read the rest of the article at the link.

What does this say about firms like King & Spaulding who offer employment and “cover” to human rights abusers like Rosenstein? Why is serving a racist, neo-Nazi, would-be authoritarian regime considered “OK” by “big law” and other supposedly “legitimate” employers? Where’s the outrage?

If human lives and human dignity matter, why is Rosenstein on anyone’s payroll? Why is he still licensed to practice law?

On the bright side: Unapologetic White Nationalist racist “Gonzo Apocalypto” Sessions is finally off the public dole, hopefully for good.

PWS

07-23-20

PWS

07-23-20

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

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

Jason Rezaian writes in WashPost:

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

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

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

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

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

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

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

. . . .

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

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

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

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

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

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

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

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

Due Process Forever!

PWS

07-23-20

🇺🇸👍🏼🗽😇THE FUTURE WILL BELONG TO NATIONS THAT WELCOME IMMIGRANTS: Getting Rid of Trump, Miller, Cotton, & The Other GOP Racist Restrictionists Is A Key First Step To A Better America For All!

https://apple.news/ApxPyJV3cSBOtEU7c4Xlk4A

Frida Ghitis @ CNN:

The only way the United States can remain the world’s most prosperous, powerful country is by embracing immigration. That’s the inescapable conclusion from a new study published on Tuesday in the Lancet that predicts the world’s population will peak far sooner than anticipated, and start shrinking before the end of this century.

There is, however, no guarantee that the US will embrace immigration, even to save itself. Domestic politics, currently inflamed by divisive nativist leaders, have turned immigration into a contested topic. A country that rose to historic heights of influence and prosperity by welcoming immigrants, is now led by a President who has weaponized the issue with unfathomable cruelty.

One example: At this moment, hundreds of migrant families held in detention facilities face the wrenching choice of whether to let their children be released to third parties, or stay together in detention. This awful decision comes as the result of court order last month that called for the children’s release in light of the coronavirus pandemic — and it is essentially a new version of the family separation policy that tore apart thousands of children from their parents earlier in the Trump administration.

Such heartless political measures flout America’s founding principles — but are also out of step with public opinion on immigration: an overwhelming majority of Americans — 77%, according to a recent 2020 Gallup poll- say it is good for the country. The prospect of falling birth rates predicted by study — from the Institute for Health Metrics and Evaluation at the University of Washington’s School of Medicine — may be a thumb on the scale in favor of more immigration. After all, businesses will need workers. Even the military will likely feel the pressure of contracting numbers of people of military age.

The new study shows how far off the mark earlier assumptions about exploding population growth fell. Some among you, my dear readers, may remember when intellectuals were gripped by the fear of a “Malthusian catastrophe,” fear that population growth would outpace our ability to feed ourselves. But it turns out that Thomas Robert Malthus, the 18th century economist and demographer, got it all wrong.

Not only did agricultural advances undercut his thesis, it turns out the world’s population will start contracting before long, with powerful economic, geopolitical and environmental implications.

. . . .

The result will be increased friction over immigration, with the arguments of immigration advocates bolstered by demographers, economists and a business community anxious to see consumption increase and workers available.

The present may be blazing with the demagogues’ sturm und drang about keeping immigrants out. But the future belongs to the country that welcomes them.

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

Read the complete article at the link.

Immigration is both an unstoppable human force and good for America. The sooner we end the current regime’s cruel and stupid White Nationalist policies and develop a robust, thoughtful, inclusive, realistic approach to legal immigration (including refugees), the better off we will be as a nation.

An immediate benefit would be a sharp reduction in the amount of resources and goodwill wasted on counterproductive and often both illegal and immoral restrictionist enforcement gimmicks. That would actually align immigration enforcement with the national interest, rather than undermining it as is now the case with many of the misguided enforcement efforts, particularly “civil” imprisonment and deportations of refugees and long time residents.

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

PWS

07-17-20

🤮👎🏻KAKISTOCRACY REPORT: Racist, Misogynist Regime Fires, Disciplines CBP Agents For — Racism & Misogyny — Hmmm, Why Is It Not Surprising That A Culture Of Racism & Misogyny Flourishes In An Administration Where Trump, Miller, Sessions, & Other Officials Have Glorified & Promoted Both?

Molly O’Toole reports for the LA Times:

https://www.latimes.com/politics/story/2020-07-16/border-patrol-fired-for-secret-facebook-group-with-violent-sexist-posts

By MOLLY O’TOOLESTAFF WRITER

JULY 16, 202012:35 PM UPDATED3:35 PM

WASHINGTON — The largest federal law enforcement agency has fired four employees for their participation in secretive social media groups that have featured violent, sexist and racist posts against migrants and members of Congress, the Los Angeles Times has learned.

More than a year after launching an internal investigation into 138 employees for “inappropriate social media activity,” Customs and Border Protection — the parent agency of the Border Patrol — has removed four employees, suspended 38 without pay and disciplined an additional 27 “with reprimands or counseling,” according to data provided to The Times by the agency.

Investigators from Customs and Border Protection‘s Office of Professional Responsibility determined that 63 of the cases — roughly half — were “unsubstantiated.” Six cases remain open, and the Homeland Security Department‘s inspector general is also investigating.

Last July, the office began looking into more than 60 current employees and eight former staff following reports of a secret Facebook group in which members used dehumanizing and derogatory language regarding Latina members of Congress and deceased migrants.

The existence of the group, known as “I’m 10-15,” the code used by Border Patrol for migrants in custody, was first reported by ProPublica, and at one point had 9,500 members. The group’s vulgar posts included an illustration of Democratic New York Rep. Alexandria Ocasio-Cortez being sexually assaulted by President Trump and others that mocked migrants who drowned in the Rio Grande.

Ocasio-Ortez did not immediately provide comment.

The probe, which is not criminal, ultimately doubled the number of individuals under investigation, and included several additional private social media groups.

Most of the cases deemed unsubstantiated involved personnel who reported themselves or others as part of the groups and provided information to investigators, but whose history showed they’d never posted or been active in them, an agency spokesperson said Thursday, declining to be named.

Rep. Veronica Escobar (D-Texas), who said on Twitter she was “one of the Latina members of Congress targeted by the hateful attacks,” but had not received information about the investigation from Customs and Border Protection, added that the investigation should include why the posts weren’t reported by the group’s members.

“This secret FB page mocked the deaths of migrants,” Escobar said, “vulnerable people dehumanized by a broken system.”

. . . .

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

Read the rest of Molly’s story at the link.

“[V]ulnerable people dehumanized by a broken system.” Just say no to the racist kakistocracy and its enablers (a/k/a “normalizers”)!

This is not, and never has been, a “normal” Administration. Those who have insisted on disingenuously treating it as such, thereby covering up the obvious racism and other unconstitutional behavior, are a huge part of why our democracy and our national health and welfare are on the ropes.

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

PWS

7-15-20

🏴‍☠️FRAUD, WASTE & ABUSE: Trump Regime Appears Ready To Defy Supremes By Rejecting New DACA Applications – Setting Up New Court Fight Over Yet Another Frivolous/Contemptuous Position?

Pulitzer Prize Winning Journalist Molly O’Toole reports for the LA Times:

https://www.latimes.com/politics/story/2020-07-16/trump-refuses-new-daca-supreme-court

Despite Supreme Court ruling, Trump administration rejects new DACA applications

By Molly O’TooleStaff Writer

WASHINGTON —

President Trump is venturing onto increasingly shaky legal ground as officials reject new applications for the Deferred Action for Childhood Arrivals program, sidestepping a Supreme Court ruling reinstating DACA, legal experts and lawmakers say.

The court ruled last month that the Trump administration hadn’t followed federal procedural law or justified terminating DACA in 2017, calling the rescission “arbitrary and capricious.”

DACA grants protection from deportation to so-called Dreamers brought to the United States as children. The Obama-era program, which has bipartisan support, has given temporary relief to some 700,000 young immigrants, with nearly 200,000 DACA recipients in California.

The court did not decide on Trump’s executive authority to rescind DACA, and offered the administration a road map for how to try to end it for good.

But despite threatening another attempt to shut down the program, the president hasn’t tried again. Monday, 25 days after the ruling, was the deadline for the administration to file for a rehearing — it didn’t.

The White House’s refusal to either act or restart the program sets up a potential showdown with the court with little precedent, says Muneer Ahmad, clinical professor at Yale Law School, who was involved in a New York-based DACA suit against the administration.

“The longer the administration refuses to accept and adjudicate new applications and declines to issue a new rescission order,” said Ahmad, “the more of a legal concern that becomes.”

The White House declined to respond to requests for comment Thursday, and the Justice Department did not immediately respond.

Immediately after the court ruled, Trump and his officials rejected the decision as “politically charged.”

“The Supreme Court asked us to resubmit on DACA, nothing was lost or won,” Trump tweeted, trying to reframe the high-profile defeat on immigration, his signature campaign issue.

Since then, the administration has refused to process new DACA applications, advocates and lawmakers say, despite widespread legal consensus — including from Trump’s supporters and former officials — that slow-rolling the restarting of the program violates the court’s order.

On Tuesday, Democratic Sens. Kamala Harris of California and Dick Durbin of Illinois, as well as 31 other senators, wrote to the acting Homeland Security secretary demanding the department “immediately comply” with the court’s ruling and “fully reinstate DACA protections, as the Court’s decision unequivocally requires.”

The Citizenship and Immigration Services agency — which administers DACA — has rejected new applications, or confirmed receipt but then not acted on them, according to lawyers. Jaclyn Kelley-Widmer, associate clinical professor of law at Cornell law school and an immigration attorney, said USCIS is sending these new applicants notices saying the agency is “not accepting initial filings.”

Meanwhile, other USCIS employees say they’ve received no guidance on the Supreme Court ruling or new DACA applications. The agency did not immediately respond to requests for comment Thursday.

The Trump administration has eschewed traditional policymaking and repeatedly sought to end-run Congress with immigration orders. Yet the president’s comments in recent days have only added to the confusion.

Last Friday in an interview with Telemundo, he contradicted himself, saying he would be issuing an executive order on DACA, then saying instead it was a bill that would “give them a road to citizenship.” The White House followed up with a statement saying Trump supports a legislative solution for DACA, potentially including citizenship, but not “amnesty.”

Then on Tuesday in a Rose Garden press conference, Trump said he’s working on DACA “because we want to make people happy.”

“We’ll be taking care of people from DACA in a very Republican way,” he said. “I’ve spoken to many Republicans, and some would like to leave it out, but, really, they understand that it’s the right thing to do.”

In 2017, then-Atty. Gen. Jeff Sessions declared DACA unconstitutional and lower courts issued orders that froze the program while the Trump administration appealed directly to the Supreme Court.

The administration was required to renew existing DACA cases, but has blocked tens of thousands from applying for DACA for the first time who became eligible once they turned 15.

In a statement published the day after the ruling, USCIS deputy director for policy Joseph Edlow said that the decision “merely delays the President’s lawful ability to end the illegal Deferred Action for Childhood Arrivals amnesty program.”

. . . .

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

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

Pretty much what one might expect from a scofflaw and often openly contemptuous regime. So far, Justices Alito, Thomas, Gorsuch, and Kavanaugh (and sometimes CJ Roberts, although not in this particular case) have fairly consistently been more than willing to “paper over” the various obvious pretexts for the Trump regime’s racist attacks on asylum seekers and migrants of color. At a point where it boils over into direct contempt for the Article IIIs, will they continue to cover up?

Of course, the real problem here is that there never has been any legitimate reason for terminating DACA. None! That’s going to present a problem if and when the regime gets to cooking up its bogus reasons and obvious pretexts for their racist scheme to dump on Dreamers. At least it will in some lower Federal Courts.

On the other hand, to date, the Supremes’ majority has taken a “head in the sand” approach to invidious discrimination and blatant racism in the actions of the Trump regime, particularly as it relates too migrants.

PWS

07-16-20

⚖️CALLING OUT WHITE NATIONALIST JUDGING: In a Remarkable Opinion, 4th Cir. Chief Judge Roger Gregory Blasts Colleague’s Retrograde Views on Race, Judging, Policing, & Communities of Color!

U.S. v. Curry

https://www.ca4.uscourts.gov/opinions/184233A.P.pdf

GREGORY, Chief Judge, concurring:

Our decision today affirms that a central tenet of law nearly as old as this country—

namely, “[t]he right of the people to be secure . . . against unreasonable searches and seizures”—applies equally to all. U.S. Const. amend. IV. I join the majority Opinion in its entirety. However, I must say a few words in response to Judge Wilkinson’s dissent.

When I read the first line of Judge Wilkinson’s dissent I was heartened by the thought: well, at least he acknowledges that there are “two Americas.” But this glint of enlightenment was to serve as a “soap box” for his charge against the majority’s decision. It is understandable that such a pseudo-sociological platform was necessary as his assertions are bereft of any jurisprudential reasoning. More to the point, his recognition of a divided America is merely a preamble to the fallacy-laden exegesis of “predictive policing” that follows. Through his opinion, my colleague contributes to the volumes of work gifted by others who felt obliged to bear their burden to save minority or disadvantaged communities from themselves.

Of course, the story of two Americas of which Judge Wilkinson speaks is an ancient tale to some. See, e.g., Frederick Douglas, “What to the Slave is the Fourth of July?” 1852. There’s a long history of black and brown communities feeling unsafe in police presence. See, e.g., James Baldwin, A Report from Occupied Territory, The Nation, July 11, 1966 (“[T]he police are simply the hired enemies of this population. . . . This is why those pious calls to ‘respect the law,’ always to be heard from prominent citizens each time the ghetto explodes, are so obscene.”). And at least “[s]ince Reconstruction, subordinated

communities have endeavored to harness the criminal justice system toward recognition 33

that their lives have worth.” Deborah Tuerkheimer, Criminal Justice and the Mattering of Lives, 116 Mich. L. Rev. 1145, 1146 (2018). Thus, just a few decades ago, laws designed to decrease violence in these communities were considered “a civil rights triumph.” James Forman, Locking Up our Own: Crime and Punishment in Black America 73 (2017). The thought being that our government had finally “promised to provide police protection to a community so long denied it.” Id. This increased protection, however, led to what has been described as “a central paradox of the African American experience: the simultaneous over- and under-policing of crime.” Id. at 35.

Judge Wilkinson chooses to focus largely on one dimension of this paradox, ignoring the details of the familiar perils of over-policing. See, e.g., Marie Gottschalk, Caught: The Prison State and the Lockdown of American Politics (2015); Michael Tonry, Punishing Race: A Continuing American Dilemma (2011); Michelle Alexander, The New Jim Crow (2010); Khalil Gibran Muhammad, The Condemnation of Blackness: Race, Crime, and the Making of Modern Urban America (2010); Ruth Wilson Gilmore, Golden Gulag (2007). Describing the hazard of “hot spot policing” as “the danger of overreaction,” Wilkinson Dis. Op. at 68, Judge Wilkinson mitigates the concerns of some that any encounter with an officer could turn fatal. See Utah v. Strieff, 136 S. Ct. 2056, 2070 (2016) (Sotomayor, J., dissenting) (describing “the talk” that black and brown parents frequently give to their children “all out of fear of how an officer with a gun will react to them”); see also United States v. Black, 707 F.3d 531, 541 (4th Cir. 2013) (“In certain communities that have been subject to overbearing or harassing police conduct, cautious parents may

counsel their children to be respective, compliant, and accommodating to police officers, 34

to do everything officers instruct them to do.”). In so doing, my dissenting colleague in turn presents a sordid view of under-policing, suggesting that our decision today will lead to “an America where gated communities will be safe enough and dispossessed communities will be left to fend increasingly for themselves.” Wilkinson Dis. Op. at 69.

But we know that many of our fellow citizens already feel insecure regardless of their location. In a society where some are considered dangerous even when they are in their living rooms eating ice cream, asleep in their beds, playing in the park, standing in the pulpit of their church, birdwatching, exercising in public, or walking home from a trip to the store to purchase a bag of Skittles, it is still within their own communities—even those deemed “dispossessed” or “disadvantaged”—that they feel the most secure. Permitting unconstitutional governmental intrusions into these communities in the name of protecting them presents a false dichotomy. My colleague insists on a Hobson’s choice for these communities: decide between their constitutional rights against unwarranted searches and seizures or forgo governmental protection that is readily afforded to other communities. But those inclined to shrug their shoulders at citizens who wave their Constitutions in the air during uncertainty must not forget “[h]istory teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure.” Skinner v. Ry. Labor Executives’ Ass’n, 489 U.S. 602, 635 (1989) (Marshall, J., dissenting); cf. Korematsu v. United States, 323 U.S. 214 (1944). Indeed, it is in moments of insecurity that our constitutional bells ring the loudest.

Why even suppose that checking police power in these circumstances would lead to

some communities falling into a Hobbesian state of nature? It’s unclear. Judge Wilkinson 35

supports this slippery slope argument in a couple of mutually incompatible and individually questionable ways. He mentions Professor Rod K. Brunson’s work on policing to bolster the view that our decision here will further entrench the perception that police fail to serve those in disadvantaged communities. But Professor Brunson has long argued that this perception is largely created by aggressive policing strategies and discourteous treatment of members in their community. See, e.g., Rod K. Brunson, “Police Don’t Like Black People”: African-American Young Men’s Accumulated Police Experiences, 6(1) Criminology & Pub. Pol’y 71 (2007). Indeed, Professor Brunson has noted that “arrests and successful prosecutions are unlikely without cooperating witnesses.” Rod K. Brunson, Protests focus on Over-policing. But under-policing is also Deadly, Wash. Post, June 12, 2020. And those from disadvantaged communities “want a different kind of policing than the aggressive approaches they typically see—one that values their humanity.” Id.; see also Estate of Jones v. City of Martinsburg, W. Va., –– F.3d ––, 2020 WL 3053386, at *7 (4th Cir. 2020) (recognizing a “desperate need” for more and different police training).

From this perspective, the video of the present incident mimics the aggressive, discourteous, and ineffective policing that concern many. As the officers approached the scene seconds after gunshots rang out, the members of this community, including Curry, pointed them in the direction in which the perpetrator was likely to be found. Because, as Judge Diaz notes in his concurrence, it would have been difficult for the officers “to determine whether any firearm (which, of course, are generally lawful to possess) seized in the effort to identify the suspect was the source of the gunfire,” Judge Diaz Op. at 57,

one would think that the officers’ best hope for finding the shooter was to accept the 36

guidance offered by community members. See Black, 707 F.3d at 540 (“Being a felon in possession of a firearm is not the default status.”). That, of course, was not the case here. Cf. Miranda Fricker, Epistemic Injustice 4 (2007) (describing the notion of “testimonial injustice,” where a speaker suffers from deflated credibility owing to an identity prejudice on the hearer’s part). The officers ignored the assistance and the shooter got away. Like most citizens, it is likely that residents of the Creighton Court community do not want police officers to be tough on crime, or weak on crime—they want them to be smart on crime.

No doubt it is beyond the scope of our roles to explain to any institution what it means to be smart on crime. I will leave that to our clever colleagues in the chambers of City Council. But it is “emphatically the province and duty of the judicial department to say what the law is.” Marbury v. Madison, 5 U.S. 137, 177 (1803). Thus, “[i]n some circumstances . . . we must remind law enforcement that the Fourth Amendment protects against unreasonable searches and seizures,” and that those protections extend to all people in all communities. Black, 707 F.3d at 534. This is one of those circumstances.

Contrary to Judge Wilkinson’s suggestion, our decision today does not deliver “a gut-punch to predictive policing.” Wilkinson Dis. Op. at 71. As Judge Wilkinson notes, predictive policing programs “differ in their details,” but generally seek to use “smart policies” to “affirmatively prevent crime from happening, rather than just solve it.” Id. at 65; see also Andrew Guthrie Ferguson, Predictive Policing and Reasonable Suspicion, 62 Emory L.J. 259, 265 (2012) (“In simple terms, predictive policing involves computer

models that predict areas of future crime locations from past crime statistics and other 37

data.”). But see id. at 321 (“Predictive policing may well become an effective tool for law enforcement. Yet, the technology will also create tension for police in defending Fourth Amendment challenges by defendants.”); Andrew Guthrie Ferguson, Policing Predictive Policing, 94 Wash. U. L. Rev. 1113, 1149 (2017) (“More bluntly, the initial predictive policing projects have raised the question of whether this data-driven focus serves merely to enable, or even justify, a high-tech version of racial profiling.”). But, as with all policies, the devil is going to lie in those details. Nothing in the majority Opinion prevents the police from using, in good faith with constitutional principles, smart policies to identify where crimes may occur and accordingly dispatching officers to those neighborhoods. But it is how they, upon arrival, engage with the people in those neighborhoods that is important here. A suspicionless, investigatory stop was not warranted under the circumstances. Affirming our long-standing rules is nothing novel. If merely preventing crime was enough to pass constitutional muster, the authority of the Fourth Amendment would become moot.

Don’t get me wrong—I understand the frustrations and uncertainties that attend most discussions of how to abate crime. As a country, we are in a moment of reckoning. And the unpredictability of the future encourages us to want to hang on to those entities that make us feel secure. Still, “[t]he facts of this case give us cause to pause and ponder the slow systematic erosion of Fourth Amendment protections for a certain demographic.” Black, 707 F.3d at 542. The “lifelines a fragile community retains against physical harm and mental despair,” Wilkinson Dis. Op. at 70, must be the assurance that there truly is equal protection under law. Thus, “[i]n the words of Dr. Martin Luther King Jr., we are

[once again] reminded that ‘we are tied together in a single garment of destiny, caught in 38

an inescapable network of mutuality,’ [and] that our individual freedom is inextricably bound to the freedom of others.” Black, 707 F.3d at 542. It is with these truths that I join my colleagues in the majority in ensuring that “the Fourth Amendment rights of all individuals are protected.” Id. (emphasis in original).

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

You can read the majority, Judge Wilkinson’s tone-deaf dissent, and all of the other opinions at the above link.

To be honest, Judge Wilkinson’s opinion sounded like Jeff Sessions’s racist blather about how African American communities didn’t really want the DOJ to interfere with police brutality because it protected them from crime. And, according to “Sessions’ theory,” more crime originated in communities of color so they of course disproportionally benefitted from “aggressive” (mostly White) police tactics. That’s how we got to George Floyd and the backlash against police violence directed at communities of color.

Well, at least the 4th Circuit allows spirited dissent. That’s unlike today’s BIA that papers over the festering issues of racism and injustice in today’s bias-driven immigration enforcement and legal perversion of human rights with fake unanimity and mindless “go along to get alongism.”

Institutional racism and “Dred Scottification” of the “other” unfortunately are deeply ingrained in our Federal Court System. It’s very clear in the Supremes’ majority’s enabling of the Trump/Miller race-driven White Nationalist Agenda under various transparent “pretexts,” mainly relating to clearly bogus national emergencies or fabricated national security concerns. It ran throughout the majority’s “greenlighting” of the “Travel (“Muslim”) Ban,” “Remain in Mexico” (“Let “em Die In Mexico”), “Expedited Removal (“Systematic Dismantling of Due Process For Asylum Applicants”), “The Wall,” “Public Charge” (“Let’s Terrorize Ethnic Communities”), and “Punishing Sanctuary Cities” (“Attacking Those Who Dare Stand Against ICE Abuses”), sometimes without even deigning to provide a rationale.

Obviously, due process for “persons” in the United States under the Fifth Amendment means little or nothing to Justices who view migrants as sub-human with lives not worth protecting or even caring about. For these unfortunates, “due process” means something that would be totally unacceptable if applied to the Justices themselves, their families, or to those (largely White) folks to whom they are willing to extend constitutional protections. Sound familiar? It should, for anyone who has ever visited the Holocaust Museum.

As the vile racism and overt White Nationalism of the Trump regime unfold in full ugliness and irrationality during the final stages of the 2020 campaign, the abject failure of Roberts and his colleagues to recognize and enforce the constitutional rights and humanity of every person in the U.S.(including those actually here or at our borders but “fictionalized” by disingenuous judges into “non-presence”) comes into full focus.

America needs and deserves better Federal Judges at all levels from the Supremes to the Immigration Courts. Judges who will cut through the many layers of historical BS and racism-covering gobbledygook and make equal justice for all a reality in America.

“Injustice anywhere is a threat to justice everywhere.” What if we finally had courts comprised of courageous, principled Justices and Judges who believed Dr. King’s words and acted accordingly, rather than merely mouthing them in ceremonies every January?

Due Process Forever! Complicit courts that cover for the Trump/Miller White Nationalist agenda, never!

PWS

07-16-20

☠️👎🏻🤮GOODBYE GONZO! — Notorious Racist, Bigot, Homophobe, Misogynist Loses GOP Primary — Blinded By The Fog of Hate, Gonzo Never Understood Trump’s Sole Overriding Concern — Eventually, His Failure To Put Shielding Trump’s Corruption First Made Him “the only monument to the Confederacy that Trump was eager to remove.” (Pema Levy @ Mother Jones)

By Paul Wickham Schmidt

Exclusive for Courtside

July 14, 2020

Back before the 2016 election, GOP backbench Jim Crow hate monger Senator Jeff “Gonzo Apocalypto” Sessions saw a kindred spirit who would help him realize his whitewashed, faux Christian view of America: Donald Trump. Becoming the first Senator to endorse Trump got Gonzo a ticket to the U.S. Attorney General’s Office, where he quickly established himself as probably the worst inhabitant after the Civil War and before Billy Barr ( a period that notably includes “John the Con” Mitchell).

During his tenure, Gonzo separated families, caged kids, targeted vulnerable Latino refugee women for abuse, illegally punished “sanctuary cities,” expanded the “New American Gulag,” diverted prosecutorial resources from real crimes to minor immigration violations, expanded the “New American Gulag,” advocated discrimination against the LGBTQ community under the guise of religious bigotry, encouraged police brutality against Black Americans, aided efforts to disenfranchise Black and Latino voters, spread false narratives about immigrant crime and asylum fraud, dissed private lawyers, stripped Immigration Judges of their authority to control their own dockets, multiplied the Immigration Court backlogs, illegally tried to terminate DACA while smearing Dreamers, spoke to hate groups, issued unethical “precedent decisions” while falsely claiming to be acting in a quasi-judicial capacity, interfered with asylum grants and judicial independence, put anti-due-process production quotas on Immigration Judges, attempted to dismantle congressionally mandated “know your rights” programs, to name just a few of his gross abuses of public office. Indeed, other than Stephen Miller and Trump himself, how many notorious child abusers get to walk free in America while their victims suffer lifetime trauma?

Despite never being the brightest bulb in the pack, his feeble attempt at “legal opinions” sometimes drawing ridicule from lower court judges, Gonzo is generally credited with doing more than any other Cabinet member to advance Trump’s agenda of hate and White Nationalist bigotry. He actually was dumb enough to believe that his unswerving dedication to a program of promoting the white race over people of color and Christians over all other religions would ingratiate him with Trump.

That would assume, however, that Trump had some guiding principle, however vile and disgusting, beyond himself. Sessions might be the only person in Washington who thought racism would trump self-protection. I’m not saying that Trump isn’t a committed racist — clearly he is. Just that his commitment to racism is subservient to his only real defining characteristic — narcissism. Just ask his niece, Mary.

Gonzo failed in the only thing that ever counted: Protecting Trump, his family, and his corrupt cronies from the Mueller investigation. It wasn’t, as some have inaccurately claimed, a show of ethics or dedication to the law.

Even Gonzo realized that participating in an investigation involving a campaign organization of which he was a member and therefore both a potential witness and target, would be an egregious ethical violation that could cost him his law license as well as a potential criminal act of perjury, given that he had testified under oath during his Senate confirmation that he intended to recuse himself. Apparently, that was on a day when Trump was too busy tweeting or playing golf to focus on the implications of that particular statement under oath by his nominee.

After Trump fired him, Gonzo’s political fortunes took a sharp downturn. A guy who polled 97% of the vote in running unopposed for the Senate in 2014, polled only 38% of the vote in overwhelmingly losing the GOP primary to former Auburn Football Coach Tommy Tuberville. Tommy, a “Trump loyalist” with extreme far-right views and no known qualifications for the job, is not much of an improvement over Sessions.

Perhaps the only good news is that Alabama currently has a very decent and competent U.S. Senator, Doug Jones (D), who represents all of the people of the state. Everybody should support Doug’s campaign to maintain decency and commitment to equal justice in Government.

For those who want a further retrospective on Sessions’s grotesque career of promoting a return to Jim Crow while on the public dole, I recommend the following articles from Mother Jones and the Advocate:

https://www.motherjones.com/politics/2020/07/jeff-sessions-ends-his-political-career-in-a-blaze-of-racism/

https://www.advocate.com/politics/2020/7/14/career-racist-homophobe-jeff-sessions-over

Goodbye and good riddance to one of America’s worst and most disgusting politicos not named Trump or Steve King.

Due Process Forever!

PWS

07-15-20

🤡SPOTLIGHTING CLOWN COURTS: HOUSE HOMES IN ON EOIR’S MALICIOUS INCOMPETENCE IN APPROPRIATIONS BILL REPORT! — “[T]ying an immigration judge’s performance to case completion threatens due process and affects judicial independence. Section 217 of the bill prohibits EOIR’s use of case completion quotas for immigration judge performance reviews.”

https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/July%209th%20report%20for%20circulation_0.pdf

The “EOIR Section” of the House Report follows:

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (INCLUDING TRANSFER OF FUNDS)

The Committee recommends $734,000,000 for the Executive Of- fice for Immigration Review (EOIR), of which $4,000,000 is from immigration examination fees. The recommendation is $61,034,000 above fiscal year 2020 and $148,872,000 below the request.

The recommendation includes $2,000,000 for EOIR’s portion of the development of the Unified Immigration Portal with the De- partment of Homeland Security (DHS) as well as increased funding for EOIR’s Information Technology (IT) modernization efforts, as requested. The recommendation also supports a level of funding that will allow for the continued hiring of immigration judges and teams. While the Committee recognizes EOIR has not requested any additional increase from its authorized position level from fis- cal year 2020, EOIR is currently well below this level and the Com-

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mittee is concerned that proposed funding increases are for posi- tions who will not be on board in fiscal year 2021.

Legal Orientation Program (LOP).—For the LOP and related ac- tivities the recommendation includes $25,000,000, of which $4,000,000 is for the Immigration Court Helpdesk (ICH) program. The LOP improves the efficiency of court proceedings, reduces court costs, and helps ensure fairness and due process. The Committee directs the Department to continue LOP without interruption, in- cluding all component parts, including the Legal Orientation Pro- gram for Custodians of Unaccompanied Children (LOPC) and the ICH. The Committee directs the Department to brief the Com- mittee no later than 15 days after enactment of this Act on how EOIR is effectively implementing these programs, including the execution of funds and any changes to the management of the pro- gram. The recommended funding will allow for the expansion of LOP and ICH to provide services to additional individuals in immi- gration court proceedings. The Committee supports access to LOP and ICHs and looks forward to receiving EOIR’s evaluation of ex- panding this program to all detention facilities and immigration courts, as directed in House Report 116–101. The Committee is deeply concerned that EOIR plans to use fiscal year 2020 funds for the procurement of a web-based application that is still under de- velopment, but did not actively discuss these changes with the Committee. While the Committee understands the coronavirus pan- demic has impacted court operations and novel approaches may be necessary for continuity, it appears a portion of these specific funds may not be fully executed in fiscal year 2020 in support of the pro- gram to pursue a new operating procedure without additional de- tails on how this will impact the LOP program in future years. The Committee is concerned that plans for a web-based application will not adhere to congressional intent to expand this program to new locations and individuals. The Committee reminds EOIR that fund- ing for this program, in its ongoing, in-person format, is mandated by law, and any diversion of these funds from their intended pur- pose must be formally communicated and convincingly justified to the Committee, consistent with section 505 of this Act.

LOP Pilot.—The Committee further directs EOIR, in coordina- tion with U.S. Customs and Border Protection (CBP), to pilot the expansion of LOP to at least one CBP processing facility with an added focus on expanding this program to family units. The Com- mittee further directs EOIR, in coordination with DHS, to assess the feasibility of expanding this pilot program nationally, and to re- port findings to the Committee no later than 180 days after the conclusion of the pilot.

Board of Immigration Appeals (BIA) Pro Bono Project.—The Committee recognizes the critical work of the BIA Pro Bono Project in facilitating pro bono legal representation for indigent, vulnerable respondents whose cases are before the Board. The Committee urges the continuation of participation of pro bono firms and non- government organizations (NGOs) in the BIA Pro Bono Project to directly facilitate case screening and legal representation. EOIR shall report annually to the Committee on the number of cases re- ferred to NGOs and pro bono legal representatives, the number of EOIR Form E 26 appeals filed against pro se respondents and filed by pro se respondents and make the information publicly available.

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Immigration case quotas.—The Committee remains concerned with the performance review standards that went into effect Octo- ber 1, 2018, which require immigration judges to complete a quota of 700 case completions per year to receive a satisfactory review. Although the Committee appreciates efforts to reduce the current backlog, tying an immigration judge’s performance to case comple- tion threatens due process and affects judicial independence. Sec- tion 217 of the bill prohibits EOIR’s use of case completion quotas for immigration judge performance reviews.

Judicial Independence and Case Management.—All courts re- quire judges to utilize case management tools in order to ensure ef- ficient use of the court’s time and resources. The Committee is con- cerned by recent Attorney General decisions that curtail the ability of immigration judges to utilize critical docket management tools, such as continuances and terminations, that enable efficient man- agement of the court’s dockets. The Committee supports the utiliza- tion of such tools to the fullest extent practicable and reaffirms its support for the authority of immigration judges to exercise inde- pendent judgment and discretion in their case decisions. Further, the Committee supports full and fair hearings for all who come be- fore the courts but remains concerned about decisions that ulti- mately keep asylum seekers, including those seeking relief from do- mestic violence, in detention for longer periods of time.

Video teleconferencing.—The Committee is frustrated by EOIR’s response to information requested in the Explanatory Statement accompanying the fiscal year 2020 Consolidated Appropriations Act regarding the publication of its policies for determining the use and dissemination of video teleconferencing (VTC) for individual merits hearings and tent court facilities. EOIR cites multiple policies on its website, but ultimately no central guidance on VTC appears to exist, outside of an interim policy document from 2004. The growth and dependence on VTC has developed since that time and it is concerning that EOIR does not have consistent rules governing the use of video teleconferencing, nor does it appear to have standards to ensure that the procedural and substantive due process of re- spondents in immigration court are protected. The Committee di- rects EOIR, within 90 days of enactment of this Act, to develop clear and consistent rules on the use of VTC hearings, including when the use of video teleconferencing is appropriate, and to de- velop rules for utilizing VTC hearings for particularly vulnerable groups such as unaccompanied minors, individuals with medical or mental health problems, and those subject to the Migrant Protec- tion Protocols (MPP) program. The Committee also directs EOIR to provide these newly developed policies to the Committee, and to make these policies publicly available.

Rocket Dockets.—The Committee is troubled by recent reports of changes in EOIR practices that expedite case processing and place unaccompanied children in so called ‘‘rocket dockets’’’ commencing their cases through VTC within days of their arrival in the United States. This practice is a shift from former precedent, and it lacks recognition that cases involving unaccompanied children are dif- ferent than detained adults. Immigration court proceedings must be tailored to the circumstances of individual cases in order to pre- serve due process and fundamental fairness, in particular for mi- nors. The Committee is equally troubled by reports that EOIR in-

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tends to expand this expedited case processing for cases involving unaccompanied children, with little knowledge about how this proc- ess impacts children, their opportunity to find counsel, or the chal- lenges with communicating with children of varying ages.

EOIR is directed to report to the Committee no later than 30 days after enactment of this Act on the number of cases involving unaccompanied children that had a Master Calendar hearing scheduled within 30 days of their Notice to Appear (NTA), the loca- tion of these cases, including whether VTC was utilized for the hearing, whether the child had counsel, and the outcome of the pro- ceedings. Further, the Committee notes that EOIR has not commu- nicated with the Committee on this change in practice and is con- cerned that EOIR is piloting and expanding a new program that has not been explicitly authorized by Congress.

Tent Court Proceedings.—The Committee is concerned that the creation of new immigration hearing facilities, often referred to as ‘‘tent courts’’’, along the border, where judges appear via video tele- conferencing (VTC). The Committee is concerned that these new fa- cilities threaten the public nature of immigration court pro- ceedings. The Committee directs EOIR to provide a report within 60 days of the enactment of this Act that provides details on EOIR’s involvement in the creation and operation of such immigra- tion hearing facilities, as well as information detailing how EOIR schedules judges for hearings and a list of judges hearing cases in these facilities. EOIR shall also post to its website information on attorney access at those facilities, as well as policies regarding pub- lic and media access.

Migrant Protection Protocol (MPP) Statistics Publication.—With- in 60 days of enactment of this Act, and quarterly thereafter, EOIR is directed to publish on its public website: (1) the number of MPP Notices to Appear (NTA) received and completed, (2) the number of continuances or adjournments in non-MPP cases due to an immi- gration judge being reassigned to hear MPP cases, (3) the number of MPP hearings that occurred via VTC, and (4) the number of im- migration judges assigned to hear MPP cases. EOIR is also di- rected to publish the number of MPP hearings delayed as a result of the coronavirus pandemic, as well as the average length of delay. EOIR is further directed to publish all workload-related data cur- rently included on its Workload and Adjudication Statistics website page in separate MPP and non-MPP formats.

EOIR is also directed to develop a plan to begin tracking the ap- pearance rate of individuals placed into removal proceedings, bro- ken out into MPP and non-MPP cases, calculated by determining the percent of individuals who have attended all scheduled hear- ings in any given quarter, regardless of whether the hearing re- sulted in a completion. The Committee directs EOIR to report on its plans no later than 180 days after enactment of this Act.

Interpreters.—The recommendation includes the requested fund- ing increase for interpretation services. While the Committee recog- nizes that increasing numbers of respondents in immigration courts require the use of interpretation and the ballooning costs as- sociated with these interpretation services, the Committee directs EOIR to pursue cost efficient measures to ensure appropriate lan- guage access for all respondents, including indigenous language speakers, and further directs EOIR to submit a report to the Com-

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mittee, no later than 90 days after enactment of this Act, outlining steps taken to reduce costs. The Committee eagerly awaits EOIR’s quarterly reports highlighting any continuances or adjournments for reasons related to interpretation as well as EOIR’s joint report with DHS on shared interpretation resources as directed in House Report 116–101.

Legal Representation.—The Committee is concerned with the low rate of representation in immigration court, and the recommenda- tion provides $15,000,000 in State and Local Law Enforcement As- sistance for competitive grants to qualified non-profit organizations for a pilot program to increase representation.

Immigration judges.—The Committee directs EOIR to continue to hire the most qualified immigration judges and BIA members from a diverse pool of candidates to ensure the adjudication process is impartial and consistent with due process. The Committee is dis- turbed by recent reports of politicized hiring processes for immigra- tion judges. The Committee directs EOIR to continue to submit monthly reports on performance and immigration judge hiring as directed in the fiscal year 2020 Explanatory Statement and is di- rected to include additional information on the status of hiring other positions that make up the immigration judge teams such as attorneys and paralegals. Finally, the Committee is concerned about a recent Department of Justice petition sent to the Federal Labor Relations Authority requesting the decertification of the Na- tional Association of Immigration Judges. The Committee recog- nizes the importance of our nation’s immigration judges and their ability to unionize.

Immigration Efficiency.—EOIR is encouraged to collaborate with the Department of Homeland Security (DHS) to explore efficiencies with regard to the co-location of DHS and DOJ components with immigration related responsibilities, including immigration courts, DHS asylum officers, medical care practitioners, and both CBP and Immigration and Customs Enforcement (ICE) immigration officers.

Alternatives to Detention (ATD) Program.—The Committee is concerned that many individuals enrolled in ICE’s ATD program will be terminated from the program before their cases are fully re- solved. Getting timely resolution of these cases is complicated by the historic volume of pending cases on EOIR’s non-detained docket schedule. The Committee recognizes the ATD program is managed by ICE, and that EOIR currently lacks information about who is enrolled. However, the Committee also recognizes that the longer an individual remains on ATD while their case is pending before EOIR, the more expensive the ATD program is per enrollee, and the less effective the ATD program is. Prioritizing ATD enrollees’ cases as if they were on the detained docket could potentially in- crease the effectiveness of the program, lower the cost per enrollee, and support more individuals in the program overall. The Com- mittee directs EOIR, in coordination with ICE, to develop an anal- ysis of alternatives to improve the timeliness of resolving cases be- fore EOIR for individuals in the ATD program, and further to con- sider as one such alternative the classification of ATD enrollees as part of the detained docket for purposes of case prioritization. EOIR is directed to brief the Committee on their findings not later than 180 days after the date of enactment of this Act.

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Court Operations during COVID–19.—The Committee under- stands that the novel coronavirus pandemic has forced the majority of Federal Government agencies to alter their normal operating procedures, and changes to court operations is no exception. How- ever, the Committee is frustrated that EOIR relied largely on Twit- ter to communicate its operational status. Many that were travel- ling, especially from Mexico, to appear at immigration court hear- ings, did not receive the updated information that the courts were closed. Even prior to the pandemic, the Committee was troubled by reports concerning the timeliness and receipt of hearing notices, as some were undeliverable as addressed and thus returned to immi- gration courts, and attempts to change addresses with the immi- gration court were often unsuccessful due to current backlogs. As of March 31, 2020, in absentia removal orders were already on the precipice of reaching the total number for all of fiscal year 2019. The Committee is concerned that the pandemic has exacerbated an already confusing process, resulting in an exponential increase in the number of removal orders for respondents who simply did not have the information to appear in court. Therefore, the Committee directs EOIR to submit a report to the Committee, within 90 days of enactment of this Act, that details the specific steps EOIR has taken since March 2020 to accommodate respondents who have missed court appearances due to COVID–19, and steps EOIR has taken to ensure respondents have a centralized mechanism to elec- tronically file an EOIR Form–33 in order to change their address remotely with EOIR, in addition to the current use of paper filings.

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

Report language from un-enacted appropriations bills doesn’t have any legal effect. But, it does show that at least on the Democratic side, legislators are beginning to penetrate the various smoke screens that DOJ and EOIR management have used to disguise their gross mismanagement and attacks on due process and to deflect blame to the victims: primarily respondents, their attorneys including pro bono groups, and in many cases their own judges and court staff. It also shows that contrary to DOJ/EOIR propaganda, pro bono programs and Legal Orientation Programs play an essential role in due process.

Let’s be very clear. This “fix-it list” will be ignored by the scofflaw kakistocracy firmly committed to a program of unfairness to migrants, hostility to pro bono organizations, worst practices, demeaning their own employees, not serving the public, and returning asylum seekers to mayhem, torture, and death without due process. However, it is a useful “to do” list for those future judicial leaders and administrators committed to judicial independence and restoring and improving due process and fundamental fairness for all in our Immigration Courts.

Hopefully, in the future, with some needed regime change this will result in an independent Article I Immigration Court replacing the unmitigated legal and management mess that has become EOIR under DOJ control.

Due Process Forever! Clown Courts Never!

PWS

07-14-20

🏴‍☠️🤡KAKISTOCRACY KORNER: Experienced Immigration Judges Flee America’s Star Chambers At Record Numbers As Trump Regime’s Malicious Incompetence Triples Backlog With Twice The Number Of Judges On Bench, According To Latest TRAC Report!

🏴‍☠️🤡KAKISTOCRACY KORNER: Experienced Immigration Judges Flee America’s Star Chambers At Record Numbers As Trump Regime’s Malicious Incompetence Triples Backlog With Twice The Number Of Judges On Bench, According To Latest TRAC Report!

Transactional Records Access Clearinghouse

More Immigration Judges Leaving the Bench

FOR IMMEDIATE RELEASE

The latest judge-by-judge data from the Immigration Courts indicate that more judges are resigning and retiring. Turnover is the highest since records began in FY 1997 over two decades ago. These results are based on detailed records obtained by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University under the Freedom of Information Act (FOIA) from the Executive Office for Immigration Review (EOIR) which administers the Courts.

During FY 2019 a record number of 35 judges left the bench. This is up from the previous record set in FY 2017 when 20 judges left the bench, and 27 judges left in FY 2018.

With elevated hiring plus the record number of judges leaving the bench more cases are being heard by judges with quite limited experience as immigration judges.

Currently one of every three (32%) judges have only held their position since FY 2019. Half (48%) of the judges serving today were appointed in the last two and a half years. And nearly two-thirds (64%) were appointed since FY 2017.

While the Court is losing many of its most experienced judges, the backlog of cases continues to balloon. It is now almost three times the level when President Trump assumed office.

Update on Disappearing Immigration Court Records

Records continue to disappear in the latest data release for updated court records through the end of June 2020. The report provides the latest statement from EOIR Chief Management Officer Kate Sheehey about this matter.

To read the full report on Immigration Judges leaving the bench as well as the Sheehey statement, go to:

https://trac.syr.edu/immigration/reports/617/

TRAC’s free web query tools which track Immigration Court proceedings have also been updated through June 2020. For an index to the full list of TRAC’s immigration tools and their latest update go to:

https://trac.syr.edu/imm/tools/

If you want to be sure to receive a notification whenever updated data become available, sign up at:

https://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1

Follow us on Twitter at:

https://twitter.com/tracreports

or like us on Facebook:

https://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the US Federal government. To help support TRAC’s ongoing efforts, go to:

https://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563
trac@syr.edu
https://trac.syr.edu

The Transactional Records Access Clearinghouse is a nonpartisan joint research center of the Whitman School of Management (https://whitman.syr.edu) and the Newhouse School of Public Communications (https://newhouse.syr.edu) at Syracuse University. If you know someone who would like to sign up to receive occasional email announcements and press releases, they may go to https://trac.syr.edu and click on the E-mail Alerts link at the bottom of the page. If you do not wish to receive future email announcements and wish to be removed from our list, please send an email to trac@syr.edu with REMOVE as the subject.

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

Look folks, I’m not disputing that Susan B. Long and David Burnham of TRAC are smart people. I’m even willing to speculate that they are smarter than most of the folks still in so-called public service (that largely isn’t any more) in all three branches of our failing Government.

But, are they really that much smarter than Supreme Court Justices, Article III Federal Judges, and Legislators who have let this grotesquely unconstitutional, dysfunctional, and deadly Star Chamber masquerading as a “court system” right here on American soil unfold and continue its daily abuses right under their complicit noses? Or, do we have too many individuals in public office lacking both the human decency and moral courage to stand up against institutionalized racism, unnecessarily cruelty, corruption, and pure stupidity, all of which very clearly are prohibited by both the due process and equal protection clauses of our Constitution, not to mention the 13th and 15th Amendments. It’s not rocket science!

Enough with the Congressional and Court-enabled “Dred Scottification” of the other! That’s how we ended up with things like the “Chinese Exclusion Act” and “Jim Crow” and why we have an institutionalized racism problem now.

Instead of standing up for equal justice for all under the Constitution, the Supremes and Congress often have willingly been part of the problem — using the law knowingly and intentionally to undermine constitutionally required equal justice for all and an end to racism. And, we can see those same attitudes today, specifically in the Supremes’ ridiculously wrong, intellectually dishonest, and cowardly decisions “greenlighting” various parts of White Nationalist Stephen Miller’s bogus program of dehumanizing asylum seekers and immigrants of color. This is not acceptable performance from Justices of our highest Court!

We need better, more courageous, and more intellectually honest public officers in all three branches who are willing to stand up for individual rights, human lives, and the common good over bogus right wing legal doctrines and inhumanity cloaked in legal gobbledygook. It won’t happen overnight. But, a better America starts with throwing a totally corrupt, cruel, and maliciously incompetent President and his GOP enablers out of every public office at every level of government this November.

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

PWS

07-14-20

But it does demonstrate the absolute necessity for the majority of us who want to save our nation to get out the vote to remove Trump and the GOP at every level 🧹 in November.

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