“Warren Buffett on Immigration Reform: Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem.“

https://www.fool.com/investing/2017/09/29/warren-buffett-on-immigration-reform.aspx

Matthew Frankel reports for The Motley Fool:

“Immigration reform has been a hot-button issue long before President Trump pledged to build a wall along our border. And while there’s certainly an argument to be made that we need to do a better job of controlling illegal immigration, there’s also a strong case to be made that immigrants are a big driving force behind America’s growth — past, present, and future.

Warren Buffett has been very outspoken in recent years about America and its amazing economic story. Not only does Buffett feel that immigrants have led us to where we are today, but he also thinks that immigrants are an essential component of our country’s future success.

Here’s what Warren Buffett thinks of immigrants
In a nutshell, Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem. “This country has been blessed by immigrants,” Buffett said in February at Columbia University. “You can take them from any country you want, and they’ve come here and they found something that unleashed the potential that the place that they left did not, and we’re the product of it.”

Referring to Albert Einstein and Leo Szilard, both of whom were immigrants themselves, Buffett said, “If it hadn’t been for those two immigrants, who knows whether we’d be sitting in this room.”

In his most recent letter to Berkshire Hathaway’s (NYSE:BRK-A) (NYSE:BRK-B) shareholders, Buffett specifically mentioned immigrants as one of the major components of America’s success story. “From a standing start 240 years ago — a span of time less than triple my days on earth — Americans have combined human ingenuity, a market system, a tide of talented and ambitious immigrants, and the rule of law to deliver abundance beyond any dreams of our forefathers.”

On a pathway to citizenship
Buffett is an outspoken Democrat who actively campaigned for Hillary Clinton during the 2016 presidential race. So it shouldn’t come as too much of a surprise that Buffett doesn’t want to deport millions of illegal immigrants who are currently in the United States.

In a 2015 interview with Fox Business, Buffett said

People should be able to earn citizenship who are here. You know, I do not think we should deport millions of people. So, I think we should have a real path to citizenship.

Buffett was then asked specifically about the DREAM Act and its 800,000 minors who are in the country illegally and now face an uncertain future after the end of DACA, from the perspective of a successful American businessman. Buffett replied:

It is a question of being a human being not really a businessman. Immigrants came, our forefathers came as immigrants, they got here anyway they could. And who knows what I would have done if I were in some terrible situation in a country and wanted to come here…a great percentage of them are good citizens. I would have a path to citizenship for them, I would not send them back.

 

On immigration policy and reform
As we all know, the immigration debate has been going on for a long time. And Buffett’s stance hasn’t changed much over the past several years. In a 2013 interview with ABC’s This Week, Buffett said:

I think we should have a more logical immigration policy. It would mean we would attract a lot of people, but we would attract the people we want to attract in particular — in terms of education, tens or hundreds of thousands of people. We enhance their talents and have them stick around here.

Buffett went on to say that any reform package should “certainly offer [undocumented immigrants] the chance to become citizens,” and one main reason for doing so would be to deepen the talent pool of the labor force.

Buffett’s stance on immigration in a nutshell
Warren Buffett believes that allowing immigrants who are already in the country to stay and pursue citizenship is not only the right thing to do, but is essential to America’s continued economic prosperity. Buffett certainly sees the need for immigration reform, as most Americans of all political affiliations do, but wants to encourage and simplify the legal pathways to immigration.”

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Buffet speaks simple truth: Immigrants, both documented and undocumented are not threats, but rather are a necessary ingredient for America’s greatness. We need to bring law-abiding undocumented individuals into our society in some type of legal, work authorized status. We also need substantial across the board increases in legal immigration, so that in the future the immigrants we need can come through the legal system (or wait in a realistic line) rather than coming through an underground system and working and living in the shadows.

The lies, misrepresentations, and false narratives being peddled by Trump, Sessions, Bannon, Miller, Kobach, Cotton, Perdue, King, Goodlatte, Labrador, the so called “Freedom” Caucus, and the rest of their White Nationalist restrictionist cronies are a path to national disaster. Removing existing non-criminal migrants who happen to be working here in undocumented status is a colossal waste of limited Government resources that actually hurts our country in numerous ways.

Time to stand up against the restrictionist, White Nationalist, xenophobic, anti-American blather. Demand that your Congressional representatives back sane, humane immigration reform that takes care of those already here and recognizes their great contributions while appropriately and significantly expanding future legal immigration opportunities so that we don’t keep repreating our mistakes over and over.

Let’s be honest about it. If the time, money, and resources that the U.S. Government is currently spending on the counterproductive aspects of immigration enforcement and inhumane immigration detention were shifted into constructive areas, there would be no “disaster relief crisis” in Puerto Rico and the Virgin Islands right now, and we’d have more money to spend on heath care, job training and retraining, infrastructure, addressing the opioid crisis, and many more legitimate national priorities!

PWS

09-30-17

NEWSWEEK: How The Trump Administration’s Wrong-Headed Policies Threaten To Turn Silicon Valley Into The “Next Detroit!”

http://www.newsweek.com/2017/09/29/donald-trumps-policies-could-turn-silicon-valley-another-detroit-667662.html

Kevin Maney reports:

D“The end of the 1960s turned out to be Detroit’s apex. In the early 1970s, dubious U.S. economic and foreign policy led to disaster when the Middle East OPEC nations initiated an oil embargo. Gas became scarce and expensive, and Detroit was caught focusing on the wrong products—ostentatious gas-guzzlers—at the wrong time, giving Japanese makers of small cars an opening in the U.S. market. Pulitzer Prize–winning auto historian Joseph White wrote about two fateful mistakes that made things worse. First, “Detroit underestimated the competition,” he said. The likes of Toyota and Honda had become much more adept than industry executives realized. Second, the U.S. companies “handled failure better than success.” Detroit’s decades of triumph set up the hubris, waste and bad practices that came to haunt it.

From there, it was a short trip to loss of market leadership, layoffs, plant closings and a city that fell into a desperate decline.Think that could never happen to Silicon Valley? Like 1970s Detroit, Silicon Valley seems to be handling success rather badly. Look at the twisted mess at Uber and the culture wars tearing at Google’s guts. Insanely high valuations of private companies are starting to look like a perilous pyramid scheme Bernie Madoff might admire. High costs and ever-worsening congestion are making the San Francisco Bay Area nearly unlivable for all but the superrich. At the same time, much of U.S. tech is underestimating the competition, particularly from China and the European Union.Making it all worse, the Trump administration seems to be doing everything it can to help shove Silicon Valley off its pedestal. Trump’s policies on trade, immigration and investment are giving competing nations openings to steal important chunks of Silicon Valley’s global leadership, lure away talent and divert capital to other rising tech centers—even France. (You know, the country President George W. Bush once said doesn’t even “have a word for entrepreneur .”)

Related: Is the Silicon Valley Bubble about to Pop?The Silicon Valley tech industry isn’t going to suddenly crumble and vanish. Detroit’s auto industry didn’t disappear either. But there’s a clear demarcation point in the early 1970s, when Detroit’s worldwide hegemony ended. The CEOs, founders and wizards of Silicon Valley would be misguided to think they’re immune from any similar stumble off their pedestal.

. . . .

Most damaging of all may be the policies of the Trump administration, which has been implementing or proposing one policy after another that puts the industry at a competitive disadvantage.Earlier this year, the president initiated a review of H-1B visas for foreign workers, which tech companies rely on to bring in talent. More recently, the Trump administration delayed —and may kill—the International Entrepreneur Rule, which would make it easier for foreign company founders to bring their startups to the U.S. “At a time when countries around the world are doing all they can to attract and retain talented individuals to come to their shores to build and grow innovative companies, the Trump administration is signaling its intent to do the exact opposite,” said Bobby Franklin, president and CEO of the National Venture Capital Association.And in early September, Trump said he will end the Deferred Action for Childhood Arrivals program, which has allowed undocumented immigrants who were brought to the U.S. as children to stay. Now, they may be deported. Some are valuable employees of tech companies. Microsoft pledged to pay the legal expenses of any employees who face deportation as DACA ends. Microsoft President Brad Smith called Trump’s decision “a big step back for our entire country,” and the industry worries that it will further discourage talented foreigners from coming to the U.S.Other countries have started pursuing international talent like sharks circling surfers at dusk. “I myself hope that many of these engineers will come to China to work for us,” said Robin Li, CEO of Chinese tech giant Baidu. Canada’s minister of innovation, Navdeep Bains, launched a recruitment program, saying, “We want to be open to people.” French President Emmanuel Macron announced that tech talent can “find in France a second homeland.”Even more detrimental to U.S. tech are two other Trump decisions: pulling out of the Paris climate accord and dumping the Trans-Pacific Partnership (TPP) agreement on trade with Asia.”

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Read the rest of the story at the link.

 

Government by the arrogant, ignorant, incompetent, biased, and unqualified has its downsides! It’s something that we’re all going to learn over the next four years, assuming that Trump doesn’t get us into a world-ending nuclear war before then. Perhaps one of the stupidest consequences of some very stupid policies: one of the main beneficiaries is likely to be China, one of our biggest tech competitors, and unlike Canada, also a potential hostile military threat! Trump and his cronies are dangers to our national security!

PWS

09-21-17

 

 

 

 

THE ECONOMY: What America REALLY Needs: More Legal Workers, No More “Gonzo” Immigration Enforcement — More Immigrant Workers Needed To Save Our Economy — And They Don’t Have To Be Rocket Scientists & PhDs: Construction & Service Industries That Support US Economy Need “Entry Level” Workers!

http://host.madison.com/wsj/business/wisconsin-businesses-grapple-with-a-growing-worker-shortage/article_3ef1000e-c18b-5f72-bbcd-720ee2456111.html#utm_source=host.madison.com&utm_campaign=%2Femail%2F&utm_medium=email&utm_content=26CD42536544E247751EC74095D9CEDC67E77EDB

The Wisconsin State Journal (Madison) reports:

A Madison restaurant has raised pay for entry-level chefs in recent years more than 50 percent to $14 an hour, but still closes on Sunday evenings — not because of a lack of customers, but because workers are scarce.

Those and countless other stories across Wisconsin are symptoms of a growing worker shortage that is expected to worsen over the next decade, according to Wisconsin State Journal interviews with dozens of employers, economists, advocacy group experts and state political and economic development officials.

“We are right at the brink of the crisis,” said Ann Franz, director of the Northeast Wisconsin Manufacturing Alliance in Green Bay. “There just aren’t enough human beings in Wisconsin with baby boomers retiring. Just driving down the road there are constantly signs hiring. I’ve seen them on billboards: ‘Come to our car dealership and buy our car. Come so we can give you a job.'”

Employers from a broad range of industries are reporting difficulty finding workers — and not only for skilled professionals such as nurses, welders and computer programmers, who require a strong education and training system, but also for workers with a high school diploma and some additional training at restaurants, farms, construction sites, factories, senior care facilities, retailers and other businesses.

“I would call it Wisconsin’s mega-issue,” said Kurt Bauer, president of Wisconsin Manufacturers & Commerce, the state’s largest business group, which recently found 77 percent of members surveyed had difficulty finding workers, up from 53 percent two years ago. “All other issues, they may be important, but they are subordinate to workforce.”

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Read the rest of the article at the link.

In this context, terminating DACA, thereby depriving existing productive American workers of work authorization, is not only cruel, but also crazy. And supporting the RAISE Act — specifically designed by White Nationalist restrictionists to lower legal immigration while limiting the remaining opportunities largely to White, English speaking individuals with college degrees — is simply insane.

Legal immigration is good for America in many ways (beyond the economy) and we need more, not less, of it. Indeed, had we developed a more rational and realistic legal immigration system, most of the Dreamers and their families would have been admitted in an orderly fashion under the legal system years ago.

Guys like Jeff “Gonzo Apocalypto” Sessions who worked as an effective legislative minority to block sensible immigration reform through parliamentary maneuvers, are now falsely claiming that deportations, “gonzo” arbitrary enforcement, and a reign of terror are the only solutions to a fake crisis that they largely created.

But, in fact, there is no crisis. Most of the 11 million migrants here without documentation are working hard, in jobs we need, part of American families, English speaking or learning English, and fitting well into American communities. Indeed, they are far less disruptive to society than are ICE’s arbitrary and fear spresding enforcement policies. That’s certainly the case here in Alexandria and Northern Virginia. And even more of them would pay taxes if we simply made it easy for them by granting legal status.

The relatively small minority of undocumented migrants who are engaging in anti-social behavior can be identified and removed with some reasonable readjustment of existing resources. For example, more money allocated to the U.S. Immigration Courts, training, technology, community-based policing, and focused “smart”enforcement instead of wasteful and inhumane detention, unfocused arbitrary enforcement, unneeded walls, and filling prisons with minor immigration violators. ICE prosecutors should be authorized and encouraged to use their discretion to prioritize their Immigration Court dockets with a focus on due process and bettering society while recognizing that judicial time will always be both precious and limited.

The current scare tactics and dire, but false, scenarios being pushed by the Trump Administration will neither aid our economy nor serve America’s real needs. They would make us both less safe and less great as a nation.

PWS

09-10-17

 

 

 

 

 

JEFFREY SACHS ON CNN: GOVERNMENT BY “ABBOTT & COSTELLO” — In Texas, It’s All Bigger, Including The Jerks!

http://www.cnn.com/2017/08/29/opinions/hurricane-harvey-abbott-needs-to-resign-sachs/index.html

Sachs writes:

“(CNN)It’s important to politicize Hurricane Harvey. Not politics in the sense of political parties, or politics to win elections. Politics to protect America.

The priority in the next hours and days is to save lives and reduce suffering, without hesitation and without question of costs or politics. But then must come the reckoning.

Once the immediate crisis ends, the governor of Texas, Greg Abbott, should resign with an apology to his state and his country. Then the Texas delegation in Congress should make a public confession. They have lied to their constituents for too long, expecting the rest of America to keep bailing them out.
The reason is this. Texas politics aims to bring profits to the oil and gas industry, but it does this at high cost and dire threat to Texas residents and the American people.
Hurricane Harvey was a foreseeable disaster. Indeed, a massive hurricane strike on Houston, followed by massive flooding, was widely anticipated.
But Houston is an oil town, and the American oil industry has been enemy No. 1 of climate truth and climate preparedness. Most oil companies and Texas politicians see nothing, say nothing, do nothing. Even worse, they hide the truth, and then beg for help as needed. Gov. Abbott has played this game one disaster too many.

Abbott, for example, was the governor to sign a new law in 2015 that prevents cities and municipalities in Texas from setting their own regulations that might rein in oil and gas drilling activities. On his watch, Texas supported withdrawal from the Paris Climate Agreement.
Over many years, he has raked in millions in campaign contributions from the oil industry, including in his former role as Texas attorney general, where he sued the Environmental Protection Agency repeatedly over rules designed to curb carbon emissions.
And the state, under Abbott’s direction, has taken no significant steps toward flood protection, despite the recognized risks of a mega-hurricane and flood.
The problem is not about his crisis management this week. I can’t judge that. It’s about his long-standing relentless opposition to environmental protection, including his blind eye to global warming and the grave dangers it poses.
The Texas Tribune and ProPublica published a 2016 award-winning report on “Hell or High Water,” explaining why Houston is a “sitting duck for the next big hurricane.” In 2015, Inside Climate News wrote that “as weather extremes like flooding batter Texas, its refusal to prepare for an even more volatile climate leaves residents at risk, experts say.”
On June 16 of this year, citing the city’s widening concrete sprawl and deaths from flooding in recent years, the UK Guardian wrote that “Houston fears climate change will cause catastrophic flooding: It’s not if, it’s when.”

. . . .

So, what has been the policy response in Houston and Texas more generally in terms of prevention, resilience, and preparedness? Almost nothing until disaster hits. Then the response is to ask for federal bailouts.
In other words, Texas is the moral hazard state.
Here is what has not happened: There has been little or no effort at zoning protection to keep development clear of floodplains; little or no offshore and onshore infrastructure for flood protection; no discernible heed paid to the scientific evidence and indeed the growing practical experience of catastrophic flood risks; and of course, relentless, pervasive climate change denial, the mother’s milk of Texas politics.
So, here’s the deal. Those of us elsewhere in the US also suffering from flooding and other disasters from warming temperatures, rising sea levels, and more intense storms (such as New Yorkers who are still rebuilding from 2012 Hurricane Sandy) want truth from Texas politicians and the oil industry.
We are bearing the costs of your lies. We are tired of it. More importantly, we are in pain and solidarity with the good people of Houston who are losing lives, homes, and livelihoods because of your lies.
Why Harvey's devastation is so severe
Why Harvey’s devastation is so severe
Gov. Abbott, we would like to bid you a political adieu. Perhaps you can devote your time to rebuilding Houston and taking night classes in climate science. Senators Ted Cruz and John Cornyn, you will soon be asking us for money to help Texas.
My answer will be yes, if you stop spewing lies about climate dangers, agree to put US and Texas policy under the guidance of climate science, back measures to lower carbon emissions and stay in the Paris Climate Agreement. Then, of course, let’s help your constituents to rebuild.
And to ExxonMobil, Chevron, Koch Industries, ConocoPhillips, Halliburton, and other oil giants doing your business in Texas: You put up the first $25 billion in Houston disaster relief. Call it compensation for your emissions. Tell the truth about growing climate threats. Then, as citizens seeking the common good, we will match your stake.”

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The “common good” is something that never crosses the collective so-called “minds” of Texas’s corrupt GOP pols. They are all bought and paid for by “Big Oil” and other fat cats. And, they are busy picking on Blacks, Hispanics, refugees, migrants, children, the poor, gays, Muslims, Dreamers, etc.

So, not for the first time, it’s for the rest of us taxpayers to bail out Texas. (But, don’t think that will earn the support of hypocrites like Cruz & Co. the next time we might be in need — they are cruel, ignorant, and selfish because — well, because they can be and get away with it). Fortunately for Texas, some of us still do have the common good in mind.

PWS

08-30-17

 

CNN: TRUMP GOES “FULL GONZO” IN AZ — REWRITES HISTORY, PRAISES RACIST SHERIFF, TRASHES NAFTA, SLAMS AZ’S GOP SENATORS, THREATENS USG SHUTDOWN IN TANTRUM ABOUT WALL, COZIES UP TO WHITE NATIONALISTS — DIVIDER IN CHIEF’S UNFITNESS FOR OFFICE ON FULL DISPLAY!

http://www.cnn.com/2017/08/23/politics/donald-trump-phoenix-rally-analysis/index.html

Stephen Collinson reports for CNN:

“(CNN)Donald Trump just showed why even some Republicans question whether he has the temperament and the capacity to serve as President.

In an incredible performance at a raucous Arizona rally Tuesday, Trump rewrote the history of his response to violence in Charlottesville and reignited the culture wars.
Trump in effect identified himself as the main victim of the furor over the violence in Virginia, berating media coverage for a political crisis that refuses to abate over his rhetoric on race.
“They’re trying to take away our culture. They’re trying to take away our history,” Trump said, blaming “weak, weak people” for allowing the removal of statues commemorating the Confederacy.
TRUMP’S PHOENIX SPEECH
Lemon: Speech ‘total eclipse of facts’
Trump’s 77-minute speech
Police spray tear gas at protesters
Trump: We’ll probably kill NAFTA
Clapper: ‘Downright scary and disturbing’
In defending his responses to the Charlottesville violence, Trump selectively omitted his reference to “many sides” or “both sides,” comments he made that drew bipartisan condemnation for equating neo-Nazis with their counterprotesters.
Trump insisted at the start of his speech that all Americans must realize that they are on the same team, must show loyalty to their country, and that he wanted everyone to love one another.
But his performance was a fresh indication that he still feels far more comfortable, and perhaps motivated, to act as a political flamethrower who pulls at national divides than a President who wants to unite the nation.
Throwing gasoline onto political controversies, Trump threatened to shut down the government unless Congress funds his border wall and all but promised a pardon for Arizona Sheriff Joe Arpaio, who was convicted of contempt of court in a case related to racial profiling.”

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Read the entire jaw-droppingly disturbing report of our President’s unhinged performance at the link.

PWS

08-23-17

TRUMP ADMINISTRATION’S WAR ON AMERICA — Proposals To Restrict Student Visas & Reduce Legal Immigration Will Hurt Economy, National Standing

These articles from today’s Washington Post highlight three “gonzo” immigration proposals driven by the Trump Administration’s white nationalist agenda.

First, the proposal to require nonimmigrant students in the U.S. to apply for annual extensions of stay would roll back the “duration of status program” for students — arguably the single best and most mutually beneficial efficiency move in the history of INS/USCIS. It would also create chaos in student visa programs that not only keep many colleges and universities financially viable, but also fuel American innovation and technological advances in the STEM fields.

Second, proposals to make visa issuance a law enforcement function within the DHS would lead to chaos in the visa issuing program and probably will result in retaliation by other friendly nations. Visas are part of the foreign commerce of the U.S., not a domestic law enforcement program.

Finally, proposals to reduce legal immigration and further restrict legal opportunities for unskilled workers would deprive the U.S. of workers at a time when the growing economy needs them the most. This short-sighted policy would likely lead to the same type of economic stagnation that has plagued EU countries and Japan over the past several decades.

Read the articles here:

https://www.washingtonpost.com/opinions/the-latest-nativist-trump-proposals-would-actually-hurt-american-institutions/2017/07/17/c85765fc-67eb-11e7-8eb5-cbccc2e7bfbf_story.html?utm_term=.570c8e41fee6

https://www.washingtonpost.com/news/wonk/wp/2017/07/17/cutting-legal-immigration-50-percent-might-be-trumps-worst-economic-policy-yet/?utm_term=.ac7808d8383d

Restrictionist policies driven by xenophobia and racism inevitably lead to disaster.

PWS

07-18-17

COLBERT I. KING IN WASHPOST OP-ED: “Americans put Trump in the Oval Office. What does that say about the country?”

https://www.washingtonpost.com/opinions/americans-put-trump-in-the-oval-office-what-does-that-say-about-americans/2017/07/14/e6dd8996-67e8-11e7-a1d7-9a32c91c6f40_story.html?hpid=hp_no-name_opinion-card-a%3Ahomepage%2Fstory&utm_term=.490e8d0e535b

King writes:

“The vaudeville show that’s running at 1600 Pennsylvania Avenue didn’t book itself into the White House. Nearly 63 million Americans sent that burlesque comedy with headliner Donald Trump to Washington. That 66 million other voters thought otherwise is beside the point. Trump didn’t anoint himself president. Millions put him in office.

What does that tell us about the country?

Was hatred of President Barack Obama, fear of Hillary Clinton, outrage over America’s perceived direction enough to transfer the reins to Trump?

It’s not as if the Trump on display in the Oval Office is not the same Trump we saw on the campaign trail or on reality TV or out and about touting his businesses. He was, by any yardstick, the most unqualified presidential nominee in modern history.

Trump didn’t seize the presidency by deception. For months on end, he was out there for all voters to see, measure and judge. Some of us did offer our preelection assessments, based upon his campaign, well before time came to cast ballots.

In my view, Trump showed himself to be one who could be neither out-demagogued nor out-nastied.

Well in advance of the vote, the country heard Trump’s vile insults and claims: Mexican immigrants are criminals and rapists; Obama wasn’t born in the United States and was an illegitimate president.

 

And his attacks on people. Megyn Kelly: “You could see there was blood coming out of her eyes, blood coming out of her wherever.” Jews: “The only kind of people I want counting my money are little short guys that wear yarmulkes every day.” Sen. John McCain (R-Ariz.): “He’s not a war hero . . . I like people that weren’t captured.” My journalist colleague Serge Kovaleski, who has limited mobility in his arms: “Now the poor guy, you ought to see this guy,” Trump said, before contorting his arms in an apparent impersonation.

Trump the candidate showed himself to be an ignorant, undisciplined, ranting bully who exaggerated and lied without shame. A man who wore a tough-guy masculinity but was actually a coward, who picked on women, demeaned minorities and was thoroughly lacking in human decency.

Trump’s character defects were on full display well before the polls opened.

President Trump’s behavior in the White House has been equally as disgusting and beneath the dignity of that high office.

And now our nation’s capital is being wrenched apart by the Trump-Russia scandal and congressional and federal investigations into the Kremlin’s intrusion in the election.

The country can’t claim not to have seen this coming.”

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Read King’s full op-ed at the link.

One of the most disturbing aspects of the Trump fiasco is that although he might be “historically unpopular,” his support in the polls has remained steady at around 35% – 40%. That means that at least 1/3 of Americans are willing to accept incompetence, dishonesty, bias, racism, xenophobia, intentional cruelty and divisiveness, nepotism, bullying, anti-intellectualism, scientific ignorance, undermining national security, and misogyny as the “new norms” in America. It essentially means that a substantial number of our fellow Americans have put themselves out of reach of rational political dialogue. That’s going to make America “tough to govern” no matter who wins the next round of elections.

PWS

07-15-17

TEXAS AG PAXTON, OTHER GOP RACIST POLITICOS MOUNT ATTACK ON YOUNG PEOPLE OF COLOR!

http://www.cnn.com/2017/06/30/politics/trump-daca-bind/index.html

Tal Kopan reports for CNN:

“Washington (CNN)President Donald Trump has let a controversial Obama-era immigration policy continue — and conservative states are running out of patience.

Texas Attorney General Ken Paxton was joined by his counterparts in nine other states in a letter Thursday warning Attorney General Jeff Sessions that if the Trump administration does not move to end Deferred Action for Childhood Arrivals, they will file a court challenge to the program.
At the heart of the threat is ongoing litigation over a related program — giving the attorneys general an opening to squeeze the administration on DACA.
Despite explicitly pledging during the campaign to “immediately” rescind DACA, a program that gives undocumented immigrants brought to the US as children protection from deportation and the ability to work and study in the US, the Trump administration has continued to honor the program and issue new permits under it.
With its efforts, the administration appears to want to have it both ways, continuing the program and pledging to protect its participants while saying the situation isn’t necessarily permanent and arresting those who officials say have lost their DACA status. But that position has angered activists on both sides of the issue, who in a rare moment of agreement have expressed similar frustrations that the administration won’t clearly articulate its long-term plans for DACA.
At issue is pending litigation in Texas that has challenged an Obama administration program that’s similar to DACA but geared toward parents of childhood arrivals as well as an extension of the childhood arrivals program, both of which were never allowed to go into effect by the courts.
The Trump administration formally abandoned the Deferred Action for Parents of Americans and Lawful Permanent Residents program, known as DAPA, earlier this month to avoid having to defend it in court. But it left DACA on the books despite similar criticism of that program — namely that both programs were an overreach of executive authority.
Asked by CNN about that decision, Homeland Security Secretary John Kelly at the time called it “house cleaning,” saying the program for parents was blocked by the courts while the one for those who came to the US was children wasn’t.
But Paxton wrote that if the administration doesn’t end DACA by September 5, Texas will amend its complaint in the case to include that program — which would force the administration to defend the program in litigation or abandon it.
“We respectfully request that the Secretary of Homeland Security phase out the DACA program,” Paxton wrote in the ultimatum. “Otherwise, the complaint in that case will be amended to challenge both the DACA program and the remaining Expanded DACA permits.”
The Department of Justice and DHS did not respond to a request for comment on the letter. Sessions was asked about it on “Fox and Friends” on Friday and seemingly praised the states.
“The DAPA law has already been withdrawn,” Sessions said when asked what changes could be coming. “That was a big victory, and we’ll be looking at that. But I’ve got to tell you, I like it that our states and localities are holding the federal government to account, expecting us to do what is our responsibility to the state and locals, and that’s to enforce the law.”

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Trying to throw 800,000 American young people — basically America’s future — out of the country and sow fear in local ethnic communities has nothing whatsoever to do with law enforcement. But, it has lots to do with racism and white nationalism. The real target here is Hispanic Americans and other ethnic Americans from immigrant roots.

Paxton, Texas Governor Greg Abbott, Kansas Secretary State Kris Kobach and their followers are the George Wallaces, Lester Maddoxes, and Orval Faubuses of our time. Yeah, white racists might be giving it one more go. But, like the Trump victory, it is the last gasp. Eventually, the screw will turn as it did for prior generations of racist politicians.

To point out the obvious, with 600,000 pending cases in U.S. Immigration Court, the Trump Administration could not actually remove another 800,000 individuals any time in the foreseeable future. So, it’s all about meanness, fear, racism, white nationalism, and trying to prevent these young people from fully participating in our society. In other words, to make them a permanent underclass. Sound familiar?

The Dream Act to protect these young people should have become law years ago. But, then Senator Jeff Sessions and other GOP right wingers blocked its passage, even though it had the support of the majority of Senators. So, although legislation would be the logical solution, I wouldn’t count on it under today’s polarized conditions.

And, today’s GOP has become the home of racists and white supremicists.  Something that anyone who runs on the GOP ticket or pulls the lever for a GOP candidate should consider.

PWS

07-01-17

TRUMP ADMINISTRATION’S WAR ON AMERICA’S GREATNESS CONTINUES –TILLERSON DECONSTRUCTS CENTURIES OF AMERICAN DIPLOMACY!

http://www.politico.com/magazine/story/2017/06/29/how-rex-tillerson-destroying-state-department-215319

Max Bergmann writes in Politico:

“The deconstruction of the State Department is well underway.

I recently returned to Foggy Bottom for the first time since January 20 to attend the departure of a former colleague and career midlevel official—something that had sadly become routine. In my six years at State as a political appointee, under the Obama administration, I had gone to countless of these events. They usually followed a similar pattern: slightly awkward, but endearing formalities, a sense of melancholy at the loss of a valued teammate. But, in the end, a rather jovial celebration of a colleague’s work. These events usually petered out quickly, since there is work to do. At the State Department, the unspoken mantra is: The mission goes on, and no one is irreplaceable. But this event did not follow that pattern. It felt more like a funeral, not for the departing colleague, but for the dying organization they were leaving behind.

As I made the rounds and spoke with usually buttoned-up career officials, some who I knew well, some who I didn’t, from a cross section of offices covering various regions and functions, no one held back. To a person, I heard that the State Department was in “chaos,” “a disaster,” “terrible,” the leadership “totally incompetent.” This reflected what I had been hearing the past few months from friends still inside the department, but hearing it in rapid fire made my stomach churn. As I walked through the halls once stalked by diplomatic giants like Dean Acheson and James Baker, the deconstruction was literally visible. Furniture from now-closed offices crowded the hallways. Dropping in on one of my old offices, I expected to see a former colleague—a career senior foreign service officer—but was stunned to find out she had been abruptly forced into retirement and had departed the previous week. This office, once bustling, had just one person present, keeping on the lights.

This is how diplomacy dies. Not with a bang, but with a whimper. With empty offices on a midweek afternoon.

When Rex Tillerson was announced as secretary of state, there was a general feeling of excitement and relief in the department. After eight years of high-profile, jet-setting secretaries, the building was genuinely looking forward to having someone experienced in corporate management. Like all large, sprawling organizations, the State Department’s structure is in perpetual need of an organizational rethink. That was what was hoped for, but that is not what is happening. Tillerson is not reorganizing, he’s downsizing.

While the lack of senior political appointees has gotten a lot of attention, less attention has been paid to the hollowing out of the career workforce, who actually run the department day to day. Tillerson has canceled the incoming class of foreign service officers. This as if the Navy told all of its incoming Naval Academy officers they weren’t needed. Senior officers have been unceremoniously pushed out. Many saw the writing on the wall and just retired, and many others are now awaiting buyout offers. He has dismissed State’s equivalent of an officer reserve—retired FSOs, who are often called upon to fill State’s many short-term staffing gaps, have been sent home despite no one to replace them. Office managers are now told three people must depart before they can make one hire. And now Bloomberg reports that Tillerson is blocking all lateral transfers within the department, preventing staffers from moving to another office even if it has an opening. Managers can’t fill openings; employees feel trapped.

Despite all this, career foreign and civil service officers are all still working incredibly hard representing the United States internationally. They’re still doing us proud. But how do you manage multimillion-dollar programs with no people? Who do you send to international meetings and summits? Maybe, my former colleagues are discovering, you just can’t implement that program or show up to that meeting. Tillerson’s actions amount to a geostrategic own-goal, weakening America by preventing America from showing up.

State’s growing policy irrelevance and Tillerson’s total aversion to the experts in his midst is prompting the department’s rising stars to search for the exits. The private sector and the Pentagon are vacuuming them up. This is inflicting long-term damage to the viability of the American diplomacy—and things were already tough. State has been operating under an austerity budget for the past six years since the 2011 Budget Control Act. Therefore, when Tillerson cuts, he is largely cutting into bone, not fat. The next administration won’t simply be able to flip a switch and reverse the damage. It takes years to recruit and develop diplomatic talent. What Vietnam did to hollow out our military, Tillerson is doing to State.”

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While Trump and his cronies fabricate security threats from refugees, Muslims, and immigrants (and, I guess we can now add “grandparents” to that list), the greatest threat to our national security is the Trump Administration itself and its toxic mix of arrogance, incompetence, ignorance, and disdain for America and all it has stood for.

PWS

06-25-17

N. Rappaport Reviews Travel Ban Litigation For HuffPost!

http://www.huffingtonpost.com/entry/5929ff8ce4b08861ed0cca0e

Man, Nolan sure gets around in terms of different publications! And, he is both timely and highly relevant! Here, Nolan writes in HyuffPost:

“In April 2016, I wrote an article entitled, “If he is elected to the presidency, Donald Trump will have statutory authority to suspend the entry of all Muslim aliens.”

The article included a successful prediction of Trump’s temporary travel ban. But I failed to foresee that it would be rejected on the basis of his campaign statements, or that using campaign statements that way would put our country on the brink of a constitutional crisis.

. . . .

The campaign statements that Judge Gregory uses to justify his decision can be used again and again to attack anything Trump does that has a negative impact on a country with a large Muslim population.

If the Supreme Court does not reverse Judge Gregory’s decision, other courts will follow suit and President Trump ultimately will be faced with the constitutional crisis of not being able to meet his national security responsibilities as the Chief of the Executive Branch with respect to terrorism coming from Muslim countries unless he defies the orders of the Judicial Branch.”

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Read Nolan’s complete article on HuffPost at the above link!

I appreciate Nolan’s helpful summary of what has happened to date on the “Travel Ban” litigation.  Nevertheless, I disagree with his conclusion that the President will not be able to “meet his national security responsibilities as Chief Executive.”

I have little doubt that if there were a legitimate “national security” crisis, the Federal Courts would give the Executive considerable discretion to operate. President Trump’s problem is that there is no obvious national security crisis at present. Therefore, his attack on nationals of predominantly Muslim countries seems to be out of bounds, and motivated by religious animus and a desire to fulfill campaign promises, rather than by any legitimate national security considerations.

FPWS

05-29-17

TRUMP’S “DISSING” OF MEXICO MIGHT BACKFIRE — BIG TIME! — If Mexico Plays The “China Card” The U.S. Might Regret Electing A Bully As President!

https://www.theatlantic.com/magazine/archive/2017/05/mexicos-revenge/521451/

Franklin Foer writes in The Atlantic:

“The Mexico–U.S. border is long, but the history of close cooperation across it is short. As recently as the 1980s, the countries barely contained their feelings of mutual contempt. Mexico didn’t care for the United States’ anticommunist policy in Central America, especially its support of Nicaraguan rebels. In 1983, President Miguel de la Madrid obliquely warned the Reagan administration against “shows of force which threaten to touch off a conflagration.” Relations further unraveled following the murder of the DEA agent Enrique “Kiki” Camarena in 1985. Former Mexican police officers aided drug traffickers who kidnapped and mercilessly tortured Camarena, drilling a hole in his skull and leaving his corpse in the Michoacán countryside. The Reagan administration reacted with fury at what it perceived as Mexican indifference to Camarena’s disappearance, all but shutting down the border for about a week. The episode seemed a return to the fraught days of the 1920s, when Calvin Coolidge’s administration derided “Soviet Mexico” and Hearst newspapers ginned up pretexts for a U.S. invasion.

. . . .

Once the threat of Soviet expansion into the Western Hemisphere vanished, the United States paid less-careful attention to Latin America. It passively ceded vast markets to the Chinese, who were hunting for natural resources to feed their sprouting factories and build their metropolises. The Chinese invested heavily in places like Peru, Brazil, and Venezuela, discreetly flexing soft power as they funded new roads, refineries, and railways. From 2000 to 2013, China’s bilateral trade with Latin America increased by 2,300 percent, according to one calculation. A raft of recently inked deals forms the architecture for China to double its annual trade with the region, to $500 billion, by the middle of the next decade. Mexico, however, has remained a grand exception to this grand strategy. China has had many reasons for its restrained approach in Mexico, including the fact that Mexico lacks most of the export commodities that have attracted China to other Latin American countries. But Mexico also happens to be the one spot in Latin America where the United States would respond with alarm to a heavy Chinese presence.

That sort of alarm is just the thing some Mexicans would now like to provoke. What Mexican analysts have called the “China card”—a threat to align with America’s greatest competitor—is an extreme retaliatory option. Former Mexican Foreign Minister Jorge Castañeda told me he considers it an implausible expression of “machismo.” Unfortunately, Trump has elevated machismo to foreign-policy doctrine, making it far more likely that other countries will embrace the same ethos in response. And while a tighter Chinese–Mexican relationship would fly in the face of recent economic history, Trump may have already set it in motion.

The painful early days of the Trump administration have reminded Mexico of a core economic weakness: The country depends far too heavily on the American market. “Mexico is realizing that it has been overexposed to the U.S., and it’s now trying to hedge its bets,” says Kevin Gallagher, an economist at Boston University who specializes in Latin America. “Any country where 80 percent of exports go to the U.S., it’s a danger.” Even with a friendly American president, Mexico would be looking to loosen its economic tether to its neighbor. The presence of Trump, with his brusque talk of tariffs and promises of economic nationalism, makes that an urgent task.Until recently, a Mexican–Chinese rapprochement would have been unthinkable. Mexico has long steered clear of China, greeting even limited Chinese interest in the country with wariness. It rightly considered China its primary competition for American consumers. Immediately after nafta went into effect in 1994, the Mexican economy enjoyed a boom in trade and investment. (A flourishing U.S. economy and an inevitable turn in Mexico’s business cycle helped account for these years of growth too.) Then, in 2001, the World Trade Organization admitted China, propelling the country further into the global economy. Many Mexican factories could no longer compete; jobs disappeared practically overnight.Mexico’s hesitance to do business with the Chinese was also a tribute to the country’s relationship with the “Yanquis.” A former Mexican government official told me that Barack Obama’s administration urged his country to steer clear of Chinese investment in energy and infrastructure projects. These conversations were a prologue to the government’s decision to scuttle a $3.7 billion contract with a Chinese-led consortium to build a bullet train linking Mexico City with Querétaro, a booming industrial center. The cancellation was a fairly selfless gesture, considering the sorry state of Mexican infrastructure, and it certainly displeased the Chinese.

But China has played the long game, and its patience has proved farsighted. The reason so many Chinese are ascending to the middle class is that wages have tripled over the past decade. The average hourly wage in Chinese manufacturing is now $3.60. Over that same period of time, hourly manufacturing wages in Mexico have fallen to $2.10. Even taking into account the extraordinary productivity of Chinese factories—not to mention the expense that comes with Mexico’s far greater fidelity to the rules of international trade—Mexico increasingly looks like a sensible place for Chinese firms to set up shop, particularly given its proximity to China’s biggest export market.Mexico began quietly welcoming a greater Chinese presence even before the American presidential election. In October, China’s state-run media promised that the two countries “would elevate military ties to [a] new high” and described the possibility of joint operations, training, and logistical support. A month and a half later, Mexico sold a Chinese oil company access to two massive patches of deepwater oil fields in the Gulf of Mexico. And in February, the billionaire Carlos Slim, a near-perfect barometer of the Mexican business elite’s mood, partnered with Anhui Jianghuai Automobile to produce SUVs in Hidalgo, a deal that will ultimately result in the production of 40,000 vehicles a year. These were not desultory developments. As Beijing’s ambassador to Mexico City put it in December, with the American election clearly on the brain: “We are sure that cooperation is going to be much strengthened.”. . . .

Not so long ago—for most of the postwar era, in fact—the United States and Mexico were an old couple who lived barely intersecting lives, hardly talking, despite inhabiting the same abode. Then the strangest thing happened: The couple started chatting. They found they actually liked each other; they became codependent. Now, with Trump’s angry talk and the Mexican resentment it stirs, the best hope for the persistence of this improved relationship is inertia—the interlocking supply chain that crosses the border and won’t easily pull apart, the agricultural exports that flow in both directions, all the bureaucratic cooperation. Unwinding this relationship would be ugly and painful, a strategic blunder of the highest order, a gift to America’s enemies, a gaping vulnerability for the homeland that Donald Trump professes to protect, a very messy divorce.”

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Remember, folks, you read about the potential “Chinexico” disaster first on Courtside! http://wp.me/p8eeJm-AF

Pretty scary when we elect a President who might understand even less about the global politico-economic situation than a retired U.S. Immigration Judge!

PWS

04-234-17

 

 

 

WashPost: H-1B Review Part Of EO On Jobs To Be Signed In Badgerland On Tuesday!

https://www.washingtonpost.com/news/wonk/wp/2017/04/17/after-a-series-of-flip-flops-trump-prepares-to-deliver-on-a-key-campaign-pledge/?hpid=hp_rhp-more-top-stories_no-name%3Ahomepage%2Fstory&utm_term=.505868d54ef2

Tracy Jan and Max Ehrenfreund report:

“President Trump plans to sign an executive order in Wisconsin on Tuesday that the White House says will make it harder for tech companies to replace American workers with cheaper foreign labor, and will strengthen rules barring foreign contractors from bidding on government projects, according to senior administration officials.

The officials, in a background call with reporters, said Trump will direct the Departments of Labor, Justice, State and Homeland Security to crack down on fraud and abuse in guest-worker programs by issuing new immigration rules.

The president will also direct the Department of Commerce to review federal procurement rules and trade agreements with a view to putting American firms at an advantage when it comes to winning contracts.

The officials pitched the twin directives as benefiting working- and middle-class Americans who have suffered for too long under unfair trade and immigration rules.

“This is the policy that ensures no one gets left behind in America anymore — that we protect our industry from unfair competition, favor the products produced by our fellow citizens and make certain that when jobs open those jobs are given to American workers first,” the White House said in a statement.

It was not immediately clear how much the administration could accomplish without cooperation from Congress.

“Sweeping changes are going to require congressional action,” said Lynden Melmed, an immigration attorney who had served as U.S. Citizenship and Immigration Services chief counsel within the Department of Homeland Security under President George W. Bush.

However, industry experts said Trump’s executive order was a good first step to protecting the U.S. defense industrial base, and U.S. firms that do business with the federal government.

“It’s one of the few presidential exertions in recent time, that holds out the hope of saving U.S. industrial jobs,” said Loren Thompson, a defense industry consultant and the chief operating officer of the Lexington Institute in Arlington.”

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PWS

04-18-17

Make China Great — For Years, China’s Leaders Have Been Trying To Get The Upper Hand On The US — Now, Trump Is Doing The Job For Them, According to Thomas L. Friedman In The NY Times!

https://www.nytimes.com/2017/03/29/opinion/trump-is-a-chinese-agent.html?action=click&pgtype=Homepage&clickSource=story-heading&module=opinion-c-col-left-region®ion=opinion-c-col-left-region&WT.nav=opinion-c-col-left-region&_r=0

Friedman writes:

“Now more Asian nations are falling in line with China’s regional trading association — the Regional Comprehensive Economic Partnership — which has no serious environmental, intellectual property, human trafficking or labor standards like TPP. A Peterson Institute study said TPP would “increase annual real incomes in the United States by $131 billion” by 2030, without changing total U.S. employment levels. Goodbye to that.
But Trump took his Make China Great campaign to a new level on Tuesday by rejecting the science on climate change and tossing out all Obama-era plans to shrink our dependence on coal-fired power. Trump also wants to weaken existing mileage requirements for U.S.-made vehicles. Stupid.

O.K., Mr. President, let’s assume for a second that climate change is a hoax. Do you believe in math? There are now 7.5 billion people on the planet, and there will be 8.5 billion by 2030, according to the United Nations population bureau — and most will want to drive like us, eat protein like us and live in houses like us. And if they do, we’ll eat up, burn up, smoke up and choke up the planet — and devour our fisheries, coral reefs, rivers and forests — at a pace we’ve never seen before. Major cities in India and China already can’t breathe; wait for when there are another billion people.

That means that clean power, clean water, clean air, clean transportation and energy-efficient buildings will have to be the next great global industry, whether or not there is climate change. The demand will be huge.

So what is China doing? Its new five-year plan is a rush to electric cars, batteries, nuclear, wind, solar and energy efficiency — and a cap-and-trade system for carbon. Trump’s plan? More coal and oil. Hello? How can America be great if we don’t dominate the next great global industry — clean power?

The U.S. state leading in clean energy innovations is California, which also has the highest vehicle emissions standards and the strictest building efficiency codes. Result: California alone has far more advanced energy jobs than there are coal miners in America, and the pay is better and the work is healthier. In January 2016, CNNMoney reported that nationally the U.S. “solar industry work force is bigger than that of oil and gas construction, and nearly three times the size of the entire coal mining work force.”

“More than half the electric vehicles sold in the U.S. are sold in California,” said Hal Harvey, C.E.O. of Energy Innovation. “If there are two jurisdictions hellbent on transformation, it is China and California. There have been 200 million E.V.s sold in China already. They’re called electric bicycles, which cost about $400 — quiet, not contributing to congestion or pollution, and affordable.”

China is loving this: It’s doubling down on clean energy — because it has to and it wants to leapfrog us on technology — and we’re doubling down on coal, squandering our lead in technology.

It was bitterly ironic that on the same day that President Trump took America on a great leap backward to coal, The Wall Street Journal reported that “Tencent Holdings Ltd. bought a 5% stake in Tesla Inc., giving the backing of China’s most valuable company to the Silicon Valley electric-vehicle maker as it prepares to launch its first car aimed at the mass market. … Having a powerful friend in China could help Tesla as it eyes further global expansion. Big Chinese tech companies have backed a wave of green-car start-ups in the country recently.”

. . . .

So you tell me that Trump is not a Chinese agent. The only other explanation is that he’s ignorant and unread — that he’s never studied the issues or connected the dots between them — so Big Coal and Big Oil easily manipulated him into being their chump, who just tweeted out their talking points to win votes here and there — without any thought to grand strategy. Surely that couldn’t be true?”

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Friedman didn’t even get to my recurring thought. As we push Mexico, our second leading trading partner away, China will be waiting with open arms. What better than to fuel up some technology and capital-driven economic competition for the U.S. right here in North America, right across our Southern Border. And, once Mexico sees that the Chinese aren’t going to lean all over them on immigration and Central American migration, and that Beijing has no particular interest in trying to publicly humiliate Mexico’s leaders, the incentive for Mexico to cooperate with us on reducing migration and border issues drops to somewhere below zero.

I’m certainly no economist or foreign trade expert. But, I’m getting the feeling that neither are our President and his team. They just go around stirring things up, making gaffes, insulting friendly foreign leaders and organizations, and then, apparently, relying on their secret weapon, “Czar of Everything Trumpian” Jared Kushner to work behind the scenes to assure folks that nobody meant anything they said or did. Wow! What a way to make policy.

PWS

03/29/17

James Hohmann In WashPost: How Trump Is Winning The War Even While Losing Some Key Battles — “Deconstruction Of The Administrative State” Moving At Full Throttle With No End In Sight! PLUS EXTRA BONUS: My Mini-Essay “On Gorsuch, Deference, & The Administrative State!”

https://www.washingtonpost.com/news/powerpost/paloma/daily-202/2017/03/27/daily-202-how-trump-s-presidency-is-succeeding/58d88409e9b69b72b2551039/?utm_term=.dbeab923d833

Hohmann writes:

“– Liberals mock Trump as ineffective at their own peril. Yes, it’s easy to joke about how Trump said during the campaign that he’d win so much people would get tired of winning. Both of his travel bans have been blocked – for now. An active FBI investigation into his associates is a big gray cloud over the White House. The president himself falsely accused his predecessor of wiretapping him. His first national security adviser registered as a foreign agent after being fired for not being honest about his contacts with the Russian ambassador. His attorney general, at best, misled Congress under oath.
— Despite the chaos and the growing credibility gap, Trump is systematically succeeding in his quest to “deconstruct the administrative state,” as his chief strategist Stephen K. Bannon puts it. He’s pursued the most aggressive regulatory rollback since Ronald Reagan, especially on environmental issues, with a series of bills and executive orders. He’s placed devoted ideologues into perches from which they can stop aggressively enforcing laws that conservatives don’t like. By not filling certain posts, he’s ensuring that certain government functions will simply not be performed. His budget proposal spotlighted his desire to make as much of the federal bureaucracy as possible wither on the vine.

— Trump has been using executive orders to tie the hands of rule makers. He put in place a regulatory freeze during his first hours, mandated that two regulations be repealed for every new one that goes on the books and ordered a top-to-bottom review of the government with an eye toward shrinking it.
Any day now, Trump is expected to sign an executive order aimed at undoing Obama’s Clean Power Plan and end a moratorium on federal-land coal mining. This would ensure that the U.S. does not meet its commitments under the Paris climate agreement.

The administration is also preparing new executive orders to re-examine all 14 U.S. free trade agreements, including NAFTA, and the president could start to sign some of them this week.

— Trump plans to unveil a new White House office today with sweeping authority to overhaul the federal bureaucracy and, potentially, privatize some government functions. “The Office of American Innovation, to be led by Jared Kushner, the president’s son-in-law and senior adviser, will operate as its own nimble power center within the West Wing and will report directly to Trump,” Ashley Parker and Philip Rucker report. “Viewed internally as a SWAT team of strategic consultants, the office will be staffed by former business executives and is designed to … create a lasting legacy for a president still searching for signature achievements. … Kushner’s team is being formalized just as the Trump administration is proposing sweeping budget cuts across many departments, and members said they would help find efficiencies.”

Kushner’s ambitions are grand: “At least to start, the team plans to focus its attention on re-imagining Veterans Affairs; modernizing the technology and data infrastructure of every federal department and agency; remodeling workforce-training programs; and developing ‘transformative projects’ under the banner of Trump’s $1 trillion infrastructure plan, such as providing broadband Internet service to every American. In some cases, the office could direct that government functions be privatized, or that existing contracts be awarded to new bidders.”

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On Gorsuch, Deference, & The Administrative State

by Paul Wickham Schmidt

Hohmann’s points make quite a bit of sense to me — until he gets down to his rather remarkable conclusion that progressives should have invested more in a fight against Gorsuch. What? Just how would they have done that?  The GOP has the votes to confirm, as they will do, and there is nothing the Dems can do to stop it, except to look feeble, petty, and out of touch in the attempt.

The confirmation hearings revealed nothing that was not already known. Gorsuch should be a reliable conservative vote on the Court, perhaps, but not necessarily, even more than Justice Scalia. Surprise!

We just had an election during which McConnell’s scheme to block the nomination of Chief Judge Merrick Garland to the Supremes, the control of the Senate, and the ability of the next President to appoint a liberal (Hillary) or a conservative (Trump) as Scalia’s replacement were big issues. And, guess what? Whether Dems like it or not, the GOP won both the Presidency and the Senate and thereby the ability to appoint their man (in this case) as the next Justice.

What’s remarkable about that? It would have only been remarkable if President Trump had nominated someone less conservative than Judge Gorsuch. And, certainly, if Hillary had won and the Democrats won the Senate she could legitimately have chosen to resubmit Judge Garland or chosen an even more liberal candidate who would have duly been confirmed by the Democrats over the GOP’s objections. Elections have consequences, particularly when your party loses control of both of the political branches of Government.

I continue to suspect that while Justice Gorsuch will be very conservative, at some point in the future he will be persuaded to side with the so-called “liberal Justices” against some position that is key to the GOP — perhaps, the scope of Executive authority. At that point, the same GOP Senators who gushed on about his “judicial independence” will be screaming “betrayal,” while the Democrats will be congratulating him on “conscientiously following the law.”

Look at how Chief Justice Roberts went from poster boy for judicial conservatism to “dupe of the left” just by failing to veto Obamacare as the GOP had been counting on. All politicians want judges who exercise their “judicial independence” in a predictable way consistent with the political philosophy of the party that appointed them. Once on the bench, however, with lifetime tenure and only their judicial colleagues to answer to, few actually live up to all of the exceptions of their political appointers.

Moreover, I don’t agree with the supposedly “liberal” position that Executive Branch administrative judges (like I was) and bureaucrats (which I also was) should have the power to impose their views on legal issues, even if not particularly sound ones, on the Article III Judiciary. Chief Justice John Marshall must be turning over in his grave, while Thomas Jefferson dances on top of it, at this bizarre voluntary surrender of judicial authority known as “Chevron.”

There is always pressure on Executive Branch officials, be they administrative judges or just “regular agency bureaucrats,” to construe the law in ways that favor Executive policies and Executive power over the power and prerogatives of the other two branches of Government and often over the rights of individuals in the U.S.

Deciding difficult questions of law, where the answers are not clear, is what Article III Judges are paid to do, and what they are supposed to do under the Constitution! At one time, this is what they actually did! The pre-ChevronSkidmore doctrine” already gave the Article III Judiciary adequate latitude to recognize the expertise of certain Executive Branch officials and to defer to their interpretation when it appeared to be the best one, or at least as good as any of the alternatives.

But, Chevron basically substituted the concept of “any plausible interpretation” for the “best interpretation.”  That’s simply not the way an independent judiciary should function under the separation of powers established in our Constitution.

I say all of this as someone who spent the bulk of my professional career as a public servant within the “administrative state” and who, unlike the Bannons of the world, believes in the power of the Federal Government to do good things for the general population. But, I have also seen first-hand the weaknesses and biases of the Executive when it comes to interpreting the law.

Meaningful independent judicial oversight over the “administrative state,” which includes “de novo” (basically unrestricted) review of Executive legal decisions by the Article III Judiciary, is a requirement  for fairness and due process under our Constitution.

Finally, the Dems should abandon Schumer’s ill-conceived idea of a “Gorsuch filibuster.”  Of the minority of Americans who actually care about the Gorsuch confirmation, only a minority of those are opposed. In other words, the Dems are about to proceed on a futile parliamentary maneuver that really only speaks to a small number of voting Americans, who are already in their “base.” Absolutely no need to do that.

What is needed if the Dems don’t want another Gorsuch appointment is to start winning more elections, particularly in the U.S. Senate and for the Presidency the next time around. That will require more than feeble posturing, tilting at windmills, and some additional “Trump fails.”

The Democrats need some dynamic leadership (which currently is conspicuously absent) and some real, down to earth programs and proposals to solve America’s problems (something which I haven’t heard to date). What can the Dems do that the GOP can’t, and why should folks care?

Otherwise, the next nominee for the Supremes could be along the lines of Judge Jeannie or Judge Napolitano. And, the Dems will continue to be powerless to stop it.

PWS

03/27/17

 

POLITICO: One Nation Likely To Be Hurt By Trump’s Trade Policies: The U.S.

http://www.politico.com/agenda/story/2017/03/world-prepares-to-move-on-without-us-on-trade-000361

Adam Behsudi writes:

“Here’s what happens when the U.S. pulls out of a major trade deal: New Zealand seizes the opportunity to send more of its milk and cheese to China. Japanese consumers pay less for Australian beef than for American meat. Canadians talk about sending everything from farm products to banking services to Japan and India.

President Donald Trump dumped the 12-nation TPP right after he took office, saying it was a “horrible” deal and blaming it for sucking American jobs abroad. But now other countries are ready to rush into the vacuum the U.S. is leaving behind, negotiating tariff-cutting deals that could eliminate any competitive advantage for U.S. goods.

That phenomenon is on stark display this week in Chile, where more than a dozen Pacific Rim countries are meeting in a beachside hotel to talk about moving on in the post-TPP era. China, not one of the original signers of the TPP, is here looking to cut deals. So are Canada and Mexico. And while the U.S. would normally send a high-ranking trade official to this kind of gathering, the Trump administration, is just sending an envoy from the embassy in Santiago.

Competitors say they have no choice but to take the money U.S. businesses would have earned otherwise.

“We are not trying to take market share from the U.S. It’s more like you are putting money on the table and pushing it towards us,” said Carlo Dade, director of trade and investment policy for the Canada West Foundation, a Calgary-based think tank.”

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PWS

03/15/17