COURTSIDE ELECTION SPECIAL🇺🇸🗽⚖️👍😎 — HARRIS, BIDEN, DEMOCRACY BIG WINNERS — THIS TIME AROUND, THE MAJORITY RULES, AS DEM DUO SWEEPS TO VICTORY IN BOTH POPULAR VOTE AND ELECTORAL COLLEGE!

President Elect Joe Biden
Official portrait of Vice President Joe Biden in his West Wing Office at the White House, Jan. 10, 2013. (Official White House Photo by David Lienemann).
Vice President Elect Kamala Harris
Vice President Elect Kamala Harris
Official Senate Photo
Public Realm

🇺🇸🗽⚖️👍😎COURTSIDE ELECTION SPECIAL: HARRIS, BIDEN, DEMOCRACY BIG WINNERS — THIS TIME AROUND, THE MAJORITY RULES, AS DEM DUO SWEEPS TO VICTORY IN BOTH POPULAR VOTE AND ELECTORAL COLLEGE!

By Paul Wickham Schmidt

Courtside Exclusive 

Nov. 7, 2020. Vice President and soon to be President Elect Joe Biden’s 33-year long quest for the U.S. Presidency will come to fruition on January 20, 2021. His running mate and soon to be Vice President Elect Senator Kamala Harris will become the first woman and the first African American to hold the number two job. 

Although the results of the Presidential contest were long in coming, they basically fulfilled pre-election predictions. Harris-Biden are on pace to win a clear majority of the popular vote by over four million votes, in the process compiling the highest vote total in U.S. election history. 

Unlike 2016, this time the popular vote translates into an insurmountable 59 vote margin and a majority in the electoral college. Fittingly, Biden’s apparent victory in Pennsylvania put him over the top. But, with the Biden Harris team in the lead in the “undecided” states of Nevada, Arizona, and Georgia that electoral margin seems likely to widen when the final vote is tabulated. Only the remaining states of Alaska and North Carolina appear to be falling into the Trump column, which would still leave the soon-to-be former President woefully short of an electoral majority. 

Indeed, he is now on pace to lose by the same electoral majority than he compiled in defeating Clinton notwithstanding losing the popular vote to her by millions. At that time, Trump characterized his electoral college victory as a “landslide,” notwithstanding his very clear defeat in the popular vote. While compiling a head-scratchingly large cult-like following of tens of millions that propelled him to victory on 2016 and helped prop up his bizarrely incompetent presidency, Trump was never popular with the majority of Americans, except in his own muddled mind. 

In winning a convincing victory, if not the overwhelming one that Democrats hoped for and that many pundits and pollsters predicted, Biden/Harris appear to have held every state won by Hillary Clinton in 2016 while “flipping” Biden’s birth state of Pennsylvania, Michigan, and Wisconsin by narrow margins. If their narrow current leads in Arizona and Georgia hold, they will add “flips” of these traditional GOP strongholds to their list of election achievements.

Biden becomes only the third candidate since Franklin D. Roosevelt in 1932 to unseat a sitting elected President, the others being President Ronald Reagan and President Bill Clinton. (President Jimmy Carter unseated President Gerald Ford in 1980, but Ford was never elected to either the Vice Presidency or the Presidency.) Biden also becomes the fourth Vice President in the past 70 years  to later win a Presidential election.

Harris is a graduate of Howard University and Cal Hastings Law. Her win is a huge milestone for “historically black colleges” and their many talented graduates throughout our nation.

Biden is a graduate of the University of Delaware and Syracuse Law. The Harris-Biden tandem may be the first time that “non—Ivy” lawyers have held both of our top elected positions. That’s a tribute to the many fine law schools outside the Ivy League that produce the vast majority of the nation’s legal talent and fuel most of the “practical lawyering and usable scholarship” that keeps our legal system afloat.

Hopefully, our new leaders will keep that in mind when filling key positions in their upcoming Administration and particularly in making Federal Judicial appointments at all levels. That’s especially important considering the disturbing failure of many graduates of so-called “elite” law schools serving us as public officials and judges to effectively and courageously stand up to the all out assault on the rule of law, ethics, constitutionally required due process and equal protection, and human decency by the Trump regime.

Any surviving functionality and integrity in our courts and public institutions is largely the result of courageous and under-appreciated attorneys, many working pro bono, who have fought at the “retail level” of our justice system to preserve those human rights and fundamental values upon which our legal system rests. All too often, they suffered bullying and abuse from the cowardly Trump regime for their efforts, while life-tenured Federal Judges failed in their duty to intercede to protect officers of their courts and their clients whose rights were being trampled by a group of out of control White Nationalist bigots.

Thus, the Biden-Harris team will enter what is probably the most consequential Presidency in U.S. history at one of the most most difficult and contentious times. With an out of control pandemic, high unemployment, rapidly deteriorating environment, festering racism, looming healthcare, opioid, and educational crises, cratering international prestige, trade wars, a crippled and demoralized career civil service, a failing judicial system, dysfunctional immigration and refugee systems, lack of trust in Government, disquiet in the intelligence and military communities, lack of competent Executive leadership over the past four years, and about 70.3 million Americans essentially living “in a parallel universe” but still our fellow citizens and essential to our society, saving American democracy would be a daunting task for any leaders. Some would say “mission impossible.” But, I can’t think of anyone better suited than the Biden-Harris team to undertake that mission.

In a democracy, successful outcomes are never guaranteed. But, if our democracy turns out to be beyond reclamation, it almost certainly will be because “We the People” fail to give our new leaders the support they need and deserve.

As for Trump, ever the total boor and purveyor of hate, division, and lies, he sent a missive from his golf course saying that he wouldn’t concede and pledged to continue to pelt our already crumbling court system with yet more frivolous litigation. Thankfully, most news commentators chose to read only a few lines of his incoherent rant before returning to the real news surrounding Biden and Harris. How quickly even the most bombastic ones with the biggest egos become “yesterday’s news.”

So, unsurprisingly, Trump, who undoubtedly will go down as the worst, most corrupt, and least competent President in U.S. history, will exit with the same disturbing lack of class, honesty, and fundamental human decency that has characterized his four-year “nightmare reign.” Meanwhile, as he relaxes, pouts, and sulks on the links, the pandemic that he failed to take reasonable steps to address or control, and consistently and dishonestly tried to downplay, continues to rage unabated and ravish our nation.  

One of the hardest hit areas: The Upper Midwest, particularly my native state of Wisconsin. That might explain why today Trump is playing golf and Joe Biden and Kamala Harris are sharing center stage! For a change, its nice to have folks who represent some of the most admirable human qualities that America has produced getting their time in the spotlight.

The good news: After 12:01 PM on January 20, 2021, the majority of us won’t care about the antisocial antics of the biggest loser of this election!

       

“TORTURE” UNDER U.N. DEFINITION! ☠️— “GOVERNMENT-SANCTIONED CHILD ABUSE!” — WHAT HAVE WE BECOME AS A PEOPLE & A NATION? — AMERICA HAS PUT NOTORIOUS CHILD ABUSERS AND SHAMELESS “PERPS” OF “CRIMES AGAINST HUMANITY” IN CHARGE — We Now Have A Chance To Throw Them Out & Start The Return To Human Decency As An Overriding National Value! 🗽

 

Here’s an array of reports on how America under the Trump regime has joined the ranks of dictatorships, torturers, child abusers, persecutors, and human rights criminals!

Eugene Robinson
Eugene Robinson
Opinion Columnist
Washington Post
Source: WashPost Website

Eugene Robinson @ WashPost:

What kind of people are we? As a society, are we so decadent and insecure that we show “toughness” by deliberately being cruel to innocent children? Is this what our nation has come to? Or are we better than that?

This election demands we answer those questions. The choice between President Trump and Joe Biden is not just political. It is also moral. And perhaps nothing more starkly illustrates the moral dimension of that decision than the Trump administration’s policy of kidnapping children at the southern U.S. border, ripping them away from their families — and doing so for no reason other than to demonstrate Trump’s warped vision of American strength.

We learned this week that some of those separations will probably be permanent. As NBC News first reported, 545 boys and girls taken as many as three years ago — the children of would-be immigrants and asylum seekers, mostly from Central America — have not been reunited with their parents and may never see their families again.

These are not among the nearly 3,000 families separated at the border in 2018, when children were kept in cages like animals or shipped away to facilities across the country, hundreds or thousands of miles from the border. We now know, thanks to the American Civil Liberties Union and other pro bono lawyers, that an additional 1,500 children were torn away from their families beginning in 2017, when the Trump administration conducted a trial run of the separation policy.

Please think about that. The shocking scenes we saw two years ago did not result from a sudden spasm of presidential anger. They didn’t stem from a Fox News segment Trump might have seen one evening. Rather, the administration rehearsed this form of cruelty.

What the administration did not plan for was how to reunite the children taken in 2017 with their families. Many of the parents were deported, and their children were placed in shelters around the country, then ostensibly released to parents or guardians, placements that the ACLU is still trying to confirm.

[Our Democracy in Peril: A series on the damage Trump has caused — and the danger he would pose in a second term]

The ACLU and other organizations have sent investigators to towns and villages in Central America in an attempt to find the kidnapped children’s families — an effort complicated not just by time and distance, but also by the covid-19 pandemic. Parents of 545 children have not been found, the ACLU reported this week.

Disturbingly, the Department of Homeland Security suggested that some of the parents declined to get their children back so they could remain in the United States. Keep in mind that most of these families were seeking asylum from deadly violence in their home countries. The Trump administration changed immigration guidelines to make it unlikely that the families would ultimately be allowed to stay in the United States, but federal law gives them the right to apply for asylum and to have their cases heard. They did nothing wrong. They should never have been asked to choose between parenting their children and getting them to safety — not by their home countries, and not by the United States.

Trump’s racism and xenophobia have been hallmarks of his presidency from the beginning, so perhaps it should be no surprise that he would preside over such an outrage. But he didn’t do this by himself. He had plenty of help.

Former attorney general Jeff Sessions seized an opportunity to make his rabid antipathy toward Hispanic immigration into policy. White House senior adviser Stephen Miller, a former Sessions aide in the Senate, was the architect of Trump’s “zero tolerance” immigration policy. Then-White House Chief of Staff John F. Kelly said in 2018 that the children taken would be “taken care of — put into foster care or whatever.” Former homeland security secretary Kirstjen Nielsen said last year that she regretted that “information flow and coordination to quickly reunite the families was clearly not in place” — but not the separations themselves.

. . . .

Read the rest of Eugene’s article here:

https://www.washingtonpost.com/opinions/do-we-tolerate-the-kidnapping-of-children-this-election-is-our-chance-to-answer/2020/10/22/0f60d17c-1496-11eb-ad6f-36c93e6e94fb

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Elise Foley
Elise Foley
Deputy Enterprise Editor
HuffPost
Photo Source: HuffPost.com

Elise Foley @ HuffPost:

President Donald Trump’s administration started and carried out a policy that took more than 4,000 children from their parents, at least 545 of whom are still split apart years later. But at Thursday’s debate, the president insisted that he did nothing wrong at all ― blaming his Democratic predecessors and even insisting the kids are doing fine.

“They are so well taken care of,” Trump said of the children taken from their parents by his administration. “They’re in facilities that were so clean.”

Trump’s first term was marked by a full-out assault on immigration, both legal and unauthorized. The most dramatic was his “zero tolerance” policy on unauthorized border-crossing, used in a 2017 pilot program and expanded more broadly in 2018, that led to criminal prosecution of parents and locking up their kids separately. Splitting up families was intentional and calculated, according to multiple reports.

Thanks to mass public outrage and a court order, Trump was forced to stop his family separation policy. Most families were reunited, but the American Civil Liberties Union, which was part of the lawsuit against the government that stopped the policy, said this week that at least 545 kids are still away from their parents.

“Their kids were ripped from their arms and separated,” Democratic nominee Joe Biden said during the debate. “And now they cannot find over 500 sets of those parents and those kids are alone. Nowhere to go. Nowhere to go. It’s criminal.”

. . . .

Read the rest of Elise’s article here:

https://www.huffpost.com/entry/trump-debate-family-separation_n_5f924368c5b62333b2439d2b

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Ruth Marcus
Washington Post Columnist Ruth Marcus, moderates a panel discussion about chronic poverty with Education Secretary John B. King and Agriculture Secretary Tom Vilsack, during the National Association of Counties at the Washington Marriott Wardman Park, in Washington, DC, on Tuesday, Feb. 23, 2016. U.S. Department of Agriculture photo by Lance Cheung.

Ruth Marcus @ WashPost:

545.

That is the number of children still separated from their families by the Trump administration — separated deliberately, cruelly and recklessly. They might never be reunited with their parents again. Even if they are, the damage is unimaginable and irreparable.

545.

Even one would be too many. Each one represents a unique tragedy. Imagine being ripped from your parents, or having your child taken from you. Imagine the desperation that the parents feel, the trauma inflicted on their children.

545.

That number represents an indelible stain on President Trump and every individual in his administration who implemented this policy, flawed at the conception and typically, gruesomely incompetent in the execution. It is, perhaps in the technical sense but surely in the broader one, a crime against humanity. It is torture.

545.

That number — I will stop repeating it, yet it cannot be repeated enough — represents a moral challenge and responsibility for the next administration. If Joe Biden is elected president, he must devote the maximum resources of the federal government to fixing this disaster. The United States broke these families; it must do whatever it takes to help them heal.

Nothing like that would happen in a second Trump term, because Trump himself doesn’t care. He doesn’t grasp the horror that he oversaw. He doesn’t comprehend the policy, and he is incapable of feeling the pain it inflicted.

Those truths could not have been clearer cut than during Thursday night’s debate.

Moderator Kristen Welker of NBC News asked the president a simple question: “How will these families ever be reunited?”

First, Trump misstated the situation: “Their children are brought here by coyotes and lots of bad people, cartels, and they’re brought here, and they used to use them to get into our country.”

No. These are children separated from their families, not separated from smugglers. They are children brought by their parents in desperate search of a better life, desperate enough that they would take the risk of the dangerous journey.

Then Trump pivoted to the irrelevant: “We now have as strong a border as we’ve ever had. We’re over 400 miles of brand new wall. You see the numbers. And we let people in, but they have to come in legally.”

Welker persisted: “But how will you reunite these kids with their families, Mr. President?”

Trump responded by pointing his finger at his predecessor: “Let me just tell you, they built cages. You know, they used to say I built the cages, and then they had a picture in a certain newspaper and it was a picture of these horrible cages and they said look at these cages, President Trump built them, and then it was determined they were built in 2014. That was him.”

This is typical Trumpian deflection, bluster undergirded by ignorance. The “cages” are ugly but irrelevant to the topic at hand: the deliberately cruel plan to deter border-crossing by separating children from parents. That was a Trump administration special, implemented with callous sloppiness and so extreme that even the Trump administration abandoned it.

Welker, for the third time: “Do you have a plan to reunite the kids with their families?”

At which point Trump made clear that he did not: “We’re trying very hard, but a lot of these kids come out without the parents, they come over through cartels and through coyotes and through gangs.” The children, he added later, “are so well taken care of, they’re in facilities that were so clean.”

. . . .

Read the rest of Ruth’s op-ed here:

https://www.washingtonpost.com/opinions/545-children-are-still-separated-from-their-families-what-if-one-of-them-were-yours/2020/10/23/63d3be04-154f-11eb-ba42-ec6a580836ed_story.html

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Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair


Bess Levin
@ Vanity Fair:

The third and final presidential debate gave Donald Trump and Joe Biden the opportunity to make their final pitch to the American people before the 2020 election. For the Democratic nominee, that meant driving home the point that he believes in science, that he’ll take the COVID-19 pandemic seriously, that climate change is real, and that systemic racism must be dealt with. For Trump, it meant making it clear that in addition to being a science-denying, QAnon-promoting dimwit, he’s also an actual monster who thinks separating small children from their parents, in some cases permanently, is absolutely fine.

Asked by moderated Kristen Welker about the news that parents of 545 children separated at the border—60 of whom are under the age of five—cannot be located, Trump defended the policy and gave no explanation for how the government plans to find these people and reunite their families. “Children are brought here by coyotes and lots of bad people, cartels, and they’re brought here and they used to use them to get into our country,” Trump said, which is objectively false, as they are brought here by their parents, which is why it’s called the family separation policy. “We now have as strong a border as we’ve ever had. We’re over 400 miles of brand new wall. You see the numbers and we let people in but they have to come in legally.”

pastedGraphic.png

Noting that Trump hadn’t answered the question, Welker pressed: “But how will you unite these kids with their families?”

“They built cages, they used to say I built cages…that was him,” Trump said, pointing to Biden and referring to the fact that the Obama administration did build temporary enclosures but failing, naturally, to mention that his predecessor did not separate families.

“Do you have a plan to reunite the kids with their parents?” Welker asked a third time. Again, Trump responded by claiming that the children “come without the parents, they come over through cartels and through coyotes and through gangs.”

At this point, Joe Biden was given a chance to weigh in and used his time to describe the policy implemented by Trump as the horror show all non-sociopaths know it to be. “Parents, their kids were ripped from their arms and they were separated and now they cannot find over 500 sets of those parents and those kids are alone, nowhere to go. It’s criminal.”

Then Trump interjected with what he apparently believed was an important point that would cast his administration in a much more favorable light and perhaps might even win it some awards or sainthood by the Catholic church. “Kristen, I will say this,” he told the moderator, of the children stolen from their parents. “They’re so well taken care of. They’re in facilities that are so clean.

pastedGraphic_1.png

With regard to that claim, NBC News reporter Jacob Soboroff weighed in on that after the debate, telling Rachel Maddow: “I was one of the reporters I guess the president mentioned, they invited me to go to the epicenter of this policy…what I saw was little children sitting on concrete floors, covered by mylar blankets, supervised by security contractors in a watchtower, it makes me sick every time I recall it. And Physicians for Human Rights…called this torture…the American Academy of Pediatrics called this state-sanctioned child abuse, and the president of the United States I guess interprets that as children being well taken care of.”

pastedGraphic_2.png

Read the rest of The Levin Report here:

https://mailchi.mp/c4319dce073e/levin-report-trumps-heart-bursting-with-sympathy-for-his-buddy-bob-kraft-2882762?e=adce5e3390

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Jacob Soboroff
Jacob Soboroff
NBC Correspondent
Jacob Soboroff at the ABC News Democratic Debate
National Constitution Center. Philadelphia, PA.
Creative Commons License

Here’s a video from NBC New’s  Jacob Soboroff, who has actually been inside “Trump’s Kiddie Gulag.” Surprise spoiler: It’s not “nice.” More like “torture” and “child abuse.”

https://www.msnbc.com/msnbc/watch/soboroff-the-conditions-of-migrant-children-trump-described-as-well-taken-care-of-made-me-sick-94450757764

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Julia Edwards Ainsley

And, here’s another video from NBC News’s always incisive and articulate Julia Edwards Ainsley:

https://www.cnbc.com/video/2020/10/21/lawyers-cant-find-parents-of-545-migrant-children-separated-by-the-trump-administration.html

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There is neither moral nor legal justification for what the Trump regime has done to asylum seekers and other migrants over the past four years as part of their racist, White Nationalist, nativist agenda. But, we can show that we’re a better country than his horrible vision by voting him and all of his enablers out of office! Vote ‘Em out, vote ‘Em out!

PWS

10-25-20

THE SADNESS OF PROPHECY WITHOUT POWER: Two Years Ago, I Gave A Speech Warning Of The Consequences Of “1939 Germany” — Now, We’re In “Germany 1938” With 1939 Just An Election Away! — Moscow Mitch, Lindsey The Toad, Texas Ted & The Rest Of The GOP Fellow Travelers & Cultists Would Be Right At Home With Franz van Papen!

 

This morning, Joe Hagan wrote in The Hive For Vanity Fair:

On the latest episode of Inside the Hive, former Republican strategist Stuart Stevens described the GOP under Donald Trump as a party of cynics, stooges, racists, and obsequious enablers whose profiles in cowardice bear an uncomfortable resemblance to 1930s Germany. “When I talk to Republican politicians, I hear Franz von Papen,” he says, referencing the German chancellor who convinced Germans that so-called radical leftists were a far greater threat than Adolf Hitler. “They all know that Trump is an idiot. They all know that he’s uniquely unqualified to be president. But they convinced themselves that he was a necessity.”

https://www.vanityfair.com/news/2020/09/ex-republican-strategist-surveys-the-wreckage-of-trumps-gop

All too disturbingly true. For those who didn‘t notice, the GOP now has no platform. None! They are nakedly running on lies, racism, fear, White Supremacy, hate, misogyny, xenophobia, intentionally false narratives, anti-science, anti-intellectualism, and corruption. Sound familiar? It should to those of us who studied Modern European History and World War II. 

Two years ago, before the International Association of Refugee & Migration Judges meeting at Georgetown Law, fresh from a visit to the Holocaust Museum in DC, I gave a speech warning of a return to “Eve of the Holocaust thinking.” 

It was, of course, “extreme hubris and total self-delusion” to think anyone was paying attention. Nevertheless, it doesn’t lessen my “extreme sadness” of watching the disintegration of our nation, without being able to prevent it.

Here’s a “reprint” of that speech from the Summer of 2018:

JUST SAY NO TO 1939: HOW JUDGES CAN SAVE LIVES, UPHOLD THE CONVENTION, AND MAINTAIN INTEGRITY IN THE AGE OF OVERT GOVERNMENTAL BIAS TOWARD REFUGEES AND ASYLUM SEEKERS

IMPLICIT BIAS IARMJ 08-03-18

JUST SAY NO TO 1939:  HOW JUDGES CAN SAVE LIVES, UPHOLD THE CONVENTION, AND MAINTAIN INTEGRITY IN THE AGE OF OVERT GOVERNMENTAL BIAS TOWARD REFUGEES AND ASYLUM SEEKERS

 

By Paul Wickham Schmidt,

U.S. Immigration Judge, Retired

Americas Conference

International Association of Refugee & Migration Judges

Georgetown Law

August 4, 2018

INTRODUCTION

 

Good afternoon. I am pleased to be here. Some twenty years ago, along with then Chief U.S. Immigration Judge Michael J. Creppy, I helped found this Association, in Warsaw. I believe that I’m the only “survivor” of that illustrious group of “Original Charter Signers” present today. And, whoever now has possession of that sacred Charter can attest that my signature today remains exactly as it was then, boldly scrawling over those of my colleagues and the last paragraph of the document.

 

As the Americas’ Chapter Vice President, welcome and thank you for coming, supporting, and contributing to our organization and this great conference. I also welcome you to the beautiful campus of Georgetown Law where I am on the adjunct faculty.

 

I thank Dean Treanor; my long-time friend and colleague Professor Andy Schoenholtz, and all the other wonderful members of our Georgetown family; the IARMJ; Associate Director Jennifer Higgins, Dimple Dhabalia, and the rest of their team at USCIS; and, of course, our Americas President Justice Russell Zinn and the amazing Ross Patee from the Canadian Immigration and Refugee Board who have been so supportive and worked so hard to make this conference a success.

 

I recognize that this is the coveted “immediately after lunch slot” when folks might rather be taking a nap. But, as the American country singer Toby Keith would say “It’s me, baby, with you wake up call!” In other words, I’m going to give you a glimpse into the “parallel universe” being operted in the United States.

 

In the past, at this point I would give my comprehensive disclaimer. Now that I’m retired, I can skip that part. But, I do want to “hold harmless” both the Association and Georgetown for my remarks. The views I express this afternoon are mine, and mine alone. I’m going to tell you exactly what I think. No “party line,” no “bureaucratic doublespeak,” so “sugar coating.” Just the truth, the whole truth, and nothing but the truth!

 

I have good news and bad news. The good news is that we don’t have an implicit bias problem in the U.S. asylum adjudication system. The bad news: The bias is now, unfortunately, quite explicit.

 

Here’s a quote about refugees: “I guarantee you they are bad. They are not going to be wonderful people who go on to work for the local milk people.”

 

Here’s another one: “We cannot allow all of these people to invade our Country. When somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came. Our system is a mockery to good immigration policy and Law and Order.”

 

Here’s another referencing the presence of an estimated 11 million undocumented residents of the U.S.: “Over the last 30 years, there have been many reasons for this failure. I’d like to talk about just one—the fraud and abuse in our asylum system.”

 

Here’s yet another: “We’ve had situations in which a person comes to the United States and says they are a victim of domestic violence, therefore they are entitled to enter the United States. Well, that’s obviously false but some judges have gone along with that.”

 

You might think that these anti-asylum, and in many cases anti-Latino, anti-female, anti-child, anti-asylum seeker, de-humanizing statements were made by members of some fringe, xenophobic group. But no, the first two are from our President; the second two are from our Attorney General.

 

These are the very officials who should be insuring that the life-saving humanitarian protection purposes of the Refugee Act of 1980 and the Convention Against Torture are fully carried out and that our country fully complies with the letter and spirit of the 1951 Convention Relating to the Status of Refugees which is binding on our country under the 1967 Protocol.

 

Let me read you a quote that I published yesterday on my blog, immigrationcourtside.com, from a young civil servant resigning their position with “EOIR,” otherwise known as our Immigration Court system, or, alternatively, as the sad little donkey from Winnie the Pooh.

 

I was born and raised in a country that bears an indelible and shameful scar—the birth and spreading of fascism. An ideology that, through its different permutations, almost brought the world as we know it to an end. Sadly, history has taught me that good countries do bad things—sometimes indescribably atrocious things. So, I have very little tolerance for authoritarianism, extremism, and unilateral and undemocratic usurpations of Constitutional rights. I believe that DOJ-EOIR’s plan to implement individual annual numerical performance measures—i.e., quotas—on Immigration Judges violates the Due Process clause of the Fifth Amendment of the United States Constitution, and the DOJ’s own mission to “ensure the fair and impartial administration of justice.” This is not the job I signed up for. I strongly believe in the positive value of government, and that the legitimacy of our agency—and any other governmental institution for that matter—is given by “the People’s” belief in its integrity, fairness, and commitment to serve “the People.” But when the government, with its unparalleled might and coercive force, infringes on constitutionally enshrined rights, I only have two choices: (1) to become complicitous in what I believe is a flagrant constitutional violation, or (2) to resign and to hold the government accountable as a private citizen. I choose to resign because I cannot in good conscience continue serving my country within EOIR.

 

Strong words, my friends. But, words that are absolutely indicative of the travesty of justice unfolding daily in the U.S. Immigration Courts, particularly with respect to women, children, and other asylum seekers –- the most vulnerable among us. Indeed, the conspicuous absence from this conference of anyone currently serving as a judge in the U.S. Immigration Courts tells you all you really need to know about what’s happening in today’s U.S. justice system.

 

Today, as we meet to thoughtfully discuss how to save refugees, the reality is that U.S. Government officials are working feverishly at the White House and the U.S. Department of Justice on plans to end the U.S. refugee and asylum programs as we know them and to reduce U.S. legal immigration to about “zero.”

 

Sadly, the U.S. is not alone in these high-level attacks on the very foundations of our Convention and international protection. National leaders in Europe and other so-called “liberal democracies” — who appear to have erased the forces and circumstances that led to World War II and its aftermath from their collective memory banks — have made similar statements deriding the influence of immigrants and the arrival of desperate asylum seekers. In short, here and elsewhere our Convention and our entire international protection system are under attacks unprecedented during my career of more than four decades in the area of immigration and refugee protection.

 

As a result, judges and adjudicators throughout the world, like you, are under extreme pressure to narrow interpretations, expedite hearings, view asylum seekers in a negative manner, and produce more denials of protection.

 

So, how do we as adjudicators remain loyal to the principles of our Convention and retain our own integrity under such pressures? And, more to the point, what can I, as someone no longer involved in the day-to-day fray, contribute to you and this conference?

 

Of course, you could always do what I did — retire and fulfill a longtime dream of becoming an internet “gonzo journalist.” But, I recognize that not everyone is in a position to do that.

 

Moreover, if all the “good guys” who believe in our Convention, human rights, human dignity, and fair process leave the scene, who will be left to vindicate the rights of refugees and asylum seekers to protection? Certainly not the political folks who are nominally in charge of the protection system in the US and elsewhere.

 

So, this afternoon, I’m returning to that which brought this Association together two decades ago in Warsaw: our united commitment to the letter and spirit of the 1951 Convention; additionally, our commitment to fairness, education, international approaches, group problem solving, promoting best practices, and mutual support.

 

In the balance of my presentation, I’m going to tell you four things, taken from our Convention, that I hope will help you survive, prosper, and advance the aims of our Convention in an age of nationalist, anti-refugee, anti-asylum, anti-immigrant rhetoric.

 

 

 

 

BODY

 

Protect, Don’t Reject

 

First, “protect, don’t reject.” Our noble Convention was inspired by the horrors of World War II and its aftermath. Many of you will have a chance to see this first hand at the Holocaust Museum.

 

Our Convention is a solemn commitment not to repeat disgraceful incidents such as the vessel St. Louis, which has also been memorialized in that Museum. For those of you who don’t know, in 1939 just prior to the outbreak of World War II a ship of German Jewish refugees unsuccessfully sought refuge in Cuba, the United States, and Canada, only to be rejected for some of the same spurious and racist reasons we now hear on a regular basis used to describe, deride, and de-humanize refugees. As a result, they were forced to return to Europe on the eve of World War II, where hundreds who should and could have been saved instead perished in the Holocaust that followed.

 

Since the beginning of our Convention, the UNHCR has urged signatory countries to implement and carry out “a generous asylum policy!” Beyond that, paragraphs 26 and 27 of the UN Handbookreiterate “Recommendation E” of the Convention delegates. This is the hope that Convention refugee protections will be extended to those in flight who might not fully satisfy all of the technical requirements of the “refugee” definition.

 

Therefore, I call on each of you to be constantly looking for legitimate ways in which to extend, rather than restrict, the life-saving protections offered by our Convention.

 

Give The “Benefit Of The Doubt”

 

Second, “give the benefit of the doubt.” Throughout our Convention, there is a consistent theme of recognizing the difficult, often desperate, situation of refugees and asylum seekers and attendant difficulties in proof, recollection, and presentation of claims. Therefore, our Convention exhorts us in at least four separate paragraphs, to give the applicant “the benefit of the doubt” in assessing and adjudicating claims.

 

As a sitting judge, I found that this, along with the intentionally generous “well-founded fear” standard, enunciated in the “refugee” definition and reinforced in 1987 by the U.S. Supreme Court and early decisions of our Board of Immigration Appeals implementing the Supreme Court’s directive, often tipped the balance in favor of asylum seekers in “close cases.”

 

 

 

 

Don’t Blame The Victims

 

Third, “don’t blame the victims.” The purpose of our Convention is to protect victims of persecution, not to blame them for all societal ills, real and fabricated, that face a receiving signatory country. Too much of today’s heated rhetoric characterizes legitimate asylum seekers and their families as threats to the security, welfare, heath, and stability of some of the richest and most powerful countries in the world, based on scant to non-existent evidence and xenophobic myths.

 

In my experience, nobody really wants to be a refugee. Almost everyone would prefer living a peaceful, productive stable life in their country of nationality. But, for reasons beyond the refugee’s control, that is not always possible.

 

Yes, there are some instances of asylum fraud. But, my experience has been that our DHS does an excellent job of ferreting out, prosecuting, and taking down the major fraud operations. And, they seldom, if ever, involve the types of claims we’re now seeing at our Southern Border.

 

I’m also aware that receiving significant numbers of refugee claimants over a relatively short period of time can place burdens on receiving countries. But, the answer certainly is not to blame the desperate individuals fleeing for their lives and their often pro bono advocates!

 

The answer set forth in our Convention is for signatory countries to work together and with the UNHCR to address the issues that are causing refugee flows and to cooperate in distributing refugee populations and in achieving generous uniform interpretations of the Convention to discourage “forum shopping.” Clearly, cranking up denials, using inhumane and unnecessary detention, stirring up xenophobic fervor, and limiting or blocking proper access to the refugee and asylum adjudication system are neither appropriate nor effective solutions under our Convention.

 

 

 

 

Give Detailed, Well-Reasoned, Individualized Decisions

 

Fourth, and finally, “give detailed, well-reasoned, individualized decisions.” These are the types of decisions encouraged by our Convention and to promote which our Association was formed. Avoid stereotypes and generalities based on national origin; avoid personal judgments on the decision to flee or seek asylum; avoid political statements; be able to explain your decision in legally sufficient, yet plainly understandable terms to the applicant, and where necessary, to the national government.

 

Most of all, treat refugee and asylum applicants with impartiality and the uniform respect, sensitivity, and fairness to which each is entitled, regardless of whether or not their claim under our Convention succeeds.

 

CONCLUSION

 

In conclusion, I fully recognize that times are tough in the “refugee world.” Indeed, as I tell my Georgetown students, each morning when I wake up, I’m thankful for two things: first, that I woke up, never a given at my age; second, that I’m not a refugee.

 

But, I submit that tough times are exactly when great, independent, and courageous judging and adjudication are necessary to protect both applicants from harm and governments from doing unwise and sometimes illegal and immoral things that they will later regret.

 

I have offered you four fairly straightforward ways in which adhering to the spirit of our Convention can help you, as judges and adjudicators, retain integrity while complying with the law: protect, don’t reject; give the benefit of the doubt; don’t blame the victims; and give detailed, well-reasoned, individualized decisions.

 

Hopefully, these suggestions will also insure that all of you will still be around and employed for our next conference.

 

Thanks for listening, have a great rest of our conference, and do great things! May Due Process and the spirit of our noble Convention and our great organization guide you every day in your work and in your personal life! Due Process forever!

 

 

(08-06-18)

 

 

 

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

In addition to the Moscow Mitches, Grahams, and other corrupt GOP pols who have sold out our nation, the disgraceful performance of Chief Justice John Roberts and his GOP colleagues in the face of the regime’s overtly racist, White Nationalist, deadly abuses of asylum seekers in violation of the Due Process and Equal Protection clauses of the Constitution, the Refugee Act of 1980 (b/t/w, ignored and abrogated, but never repealed), the Geneva Refugee Convention and 1967 Protocol, and the Convention Against Torture will fit well within the “Judicial Aid and Complicity Section” of the future “Museum Honoring Victims of Crimes Against Humanity Committed By The Trump Regime.”  

The Constitution is remarkably clear: All “persons” within the jurisdiction of the U.S. are entitled to due process and equal protection under our laws. Unquestionably, refugees seeking legal protection within our court system, some actually being detained, deported, or forced to relocate by our Government, are within our jurisdiction. An L1 law student knows that! It’s not rocket science!

So, the only way that the Supremes’ majority could abrogate legally required protections is through intentionally disingenuous “legal mumbo jumbo and gobbledygook” and ridiculous “legal fictions” that, at heart, convert refugees and migrants of color into “non-persons” under the law. Similar to their approach to the voting rights of African Americans and Latinos.

That’s how you abandon your duties to your fellow human beings and tank on your Constitutional oaths. Sounds pretty overtly racist to me. And, I must say, it sounds pretty racist to most lawyers who understand immigration and human rights laws.

Too bad and too late for those deserving justice and protection, men, women, children, members of the LGBTQ community, religious and political activists, most highly vulnerable and semi-defenseless in the face of lawless tyranny, whose lives have been sacrificed or ruined forever by lousy, ideological, tone-deaf, anti-human-dignity judging. 

It’s too late for them. But, it’s not too late for America to turn away from 1939 and advance to a better 2021 with a commitment to making “equal justice for all” under the law a reality rather than a cruel, unfulfilled, bogus promise! That would at least honor the memory of the dead, tortured, raped, broken, mutilated, and ruined who have been unnecessarily sacrificed by the GOP and their complicit judges who failed in their duties to our Constitution and to humanity.

We can’t change yesterday. But, we can stop repeating its mistakes!

 

PWS

09-11-20

🇺🇸GEORGE PACKER @ THE ATLANTIC ON WHY JOE BIDEN SHOULD GO TO KENOSHA TO LISTEN & DELIVER A NEEDED MESSAGE OF PEACE, HOPE, & UNITY!

https://apple.news/AY0ybevmoTUe6tKe-0t8z3Q

Packer writes:

. . . .

Nothing will harm a campaign like the wishful thinking, fearful hesitation, or sheer complacency that fails to address what voters can plainly see. Kenosha gives Biden a chance to help himself and the country. Ordinarily it’s the incumbent president’s job to show up at the scene of a national tragedy and give a unifying speech. But Trump is temperamentally incapable of doing so and, in fact, has a political interest in America’s open wounds and burning cities.

Biden, then, should go immediately to Wisconsin, the crucial state that Hillary Clinton infamously ignored. He should meet the Blake family and give them his support and comfort. He should also meet Kenoshans like the small-business owners quoted in the Times piece, who doubt that Democrats care about the wreckage of their dreams. Then, on the burned-out streets, without a script, from the heart, Biden should speak to the city and the country. He should speak for justice and for safety, for reform and against riots, for the crying need to bring the country together. If he says these things half as well as Julia Jackson did, we might not have to live with four more years of Trump.

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

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

Seems like a sound plan. Joe probably should take Kamala with him to Kenosha. Get the input of the residents and public officials living with this horrible situation every day and see what common ground they might suggest for both repairing the damage that has been done (to the extent it can be repaired — obviously, there is no restoring Mr. Blake to his pre-shooting condition) and moving forward as a united community and as a country. Assuming, as I do, that the vast majority of Americans favor both justice for all and peaceful, prosperous communities, what are some specifics about how we might get there by working together and across racial and party lines.

Threats and more force won’t solve the problem. We know that. But just that knowledge isn’t enough to solve the problem.

I think it also would be a good idea for Joe and Kamala to seek the views of individuals like LeBron James, Giannis Antetokounmpo, Steph & Ayesha Curry, George Hill, Kenny Smith, Colin Kaepernick (who was born in Milwaukee and spent the first four yers of his life in Fond du Lac, WI)and others in the African-American community. How would they solve the problem of racial injustice while building community harmony. How could they use their influence to help. Elizabeth Warren, Bernie Sanders, AOC, and Sen. Doug Jones (to name just a few) might also have some good ideas to contribute.

Donald Trump is not, and never will be, a thoughtful, unifying problem solver. It’s just not in his makeup or “skill set.” He has no coherent plan for anything.

By contrast, Joe Biden has shown himself to be thoughtful, willing to admit and move by past mistakes, and able to build on his experience and past views to address the present. Now, he needs to put it all together in “real time” and show America what a competent, caring, and listening Government could do for the common good. Without necessarily “becoming Elizabeth Warren,” he and Kamala “need a plan for that.” And listening to the “real people of Kenosha” seems like the place to start.

PWS

08-28-20

 

😰👹👺🏴‍☠️☠️⚰️🤮“DARKNESS ON THE EDGE OF TOWN” — Nicole Narea @ Vox With A Glimpse Of Trump’s Second Term: American Apocalypse — Dark, Ugly, Hateful, Violent, Dishonest, Exclusionary, Stupid, Racist, Diminished, Yet Very White & Privileged — Are People Of Color & Their Allies Really Going To Stand By & Watch While Their Past & Our Future As A Strong, Creative, Tolerant, Diverse, Humane Nation Is Written Out Of History By A Racist GOP & Its Totally Wacko Yet Dangerously Evil Cult Leader?

DARKNESS ON THE EDGE OF TOWN pastedGraphic.png

Album version

Music & Lyrics by Bruce Springsteen

Well, they’re still racing out at the Trestles

But that blood it never burned in her veins

Now I hear she’s got a house up in Fairview

And a style she’s trying to maintain

Well, if she wants to see me

You can tell her that I’m easily found

Tell her there’s a spot out ‘neath Abram’s Bridge

And tell her there’s a darkness on the edge of town

There’s a darkness on the edge of town

Well, everybody’s got a secret, Sonny

Something that they just can’t face

Some folks spend their whole lives trying to keep it

They carry it with them every step that they take

Till some day they just cut it loose

Cut it loose or let it drag ’em down

Where no one asks any questions

Or looks too long in your face

In the darkness on the edge of town

In the darkness on the edge of town

Well, now some folks are born into a good life

And other folks get it anyway anyhow

Well, I lost my money and I lost my wife

Them things don’t seem to matter much to me now

Tonight I’ll be on that hill ’cause I can’t stop

I’ll be on that hill with everything I’ve got

Well, lives on the line where dreams are found and lost

I’ll be there on time and I’ll pay the cost

For wanting things that can only be found

In the darkness on the edge of town

In the darkness on the edge of town

——— Source: springsteenlyrics.com, click here for music: https://www.springsteenlyrics.com/lyrics.php?song=darknessontheedgeoftown

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

https://apple.news/AyEIE9zXYSTeZ-TvO2TLZAQ

Nicole writes at Vox:

. . . .

As he seeks a second term, [Trump has] also made it clear that he hasn’t finished. He still wants to end the Obama-era Deferred Action for Childhood Arrivals (DACA) program once and for all, drive out the millions of unauthorized immigrants living in the US and curb their political power, enact what he calls “merit-based” immigration reform, and pursue a slew of restrictive immigration regulations.

The US has already seen the harms of Trump’s first-term immigration policies, which could cut deeper if he’s given another four years: Legal immigration is plummeting, stymying growth in the labor force and threatening the US’s ability to attract global talent and recover from the coronavirus-induced recession. The US has abdicated its role as a model for how a powerful country should support the world’s most vulnerable people. And the millions of immigrants already living in the US, regardless of their legal status, have been left uncertain of their fate in the country they have come to call home.

Other concerns — including the coronavirus, racial justice, and unemployment — have recently eclipsed immigration as a top motivating issue for voters. But for Trump, who currently lags former Vice President Joe Biden in the polls, restricting immigration proved a winning message in 2016, and he will likely try to replicate that strategy again.

“It’s the thing he keeps going back to,” Douglas Rivlin, director of communication at the immigrant advocacy group America’s Voice, said. “It is his comfort zone — to go after people of color and turn them into sort of the specter of scary, violent people as a political strategy.”

. . . .

Whether any version of that proposal will get traction would largely depend on the makeup of the next Congress and whether Democrats win a majority in the Senate. Most immigration policy experts aren’t convinced that Trump will see success in negotiating with Democrats, but the political calculus could change if Democrats control both chambers of Congress and need Trump to sign their legislation.

It also depends on Republicans acting as a unified front on immigration. So far, pro-business Republicans aren’t challenging the restrictions and travel bans Trump has imposed during the pandemic, and as the US continues to grapple with its worst economic crisis since the Great Depression and more than a million Americans are out of work, they will likely continue to follow the president’s lead. But in the long term, they might find themselves at philosophical odds with the anti-immigrant wing of the party.

“I think the reality of the economics of immigration and the sort of more ideological agenda are going to come into conflict,” Rivlin said.

But if Trump can overcome those hurdles, the prize would be substantial: the ability the leave his mark on the immigration system beyond a series of executive actions that could be reversed by the next Democrat who assumes office.

“Merit-based immigration reform would be a legacy for him on immigration, more so than a border wall,” the Bipartisan Policy Institute’s Cardinal-Brown said. “That would have impacts on the future of immigration for decades.”

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

Read the rest of Nicole’s gloomy yet (as always) well-written outlook at the link.

Don’t be fooled. In “Trumpspeak” the term “merit-based” means “race-based” (favoring, of course, White guys, preferably rich, English speaking, and prospective GOP toadies). Again, to state the obvious, a “kakistocracy” by definition lacks the ability to recognize and reward true “merit.” That’s why it’s a “kakistocracy,” not a “meritocracy!”

America is a nation of immigrants. To change that, Trump will have to destroy America, which, as this week’s “clown show of hate, fear, loathing, and complete nonsense” (a/k/a “The GOP Convention”) shows, he and his followers are perfectly willing to do. 

This perverted “vision” of America also ties in well with the Trump/GOP approach to racism and social justice: Ignore injustice and double down on violence administered by the largely White power structure against communities of color. Kill, maim, blame, punish, jail, intimidate, disenfranchise, and dehumanize the victims rather than looking for cooperative ways to solve the problems. Sow fear, hate, and division to insure that institutionalized racism and White grievance will be indelibly ingrained in America! As these self-inflicted grievances play out, the Trump family and its cronies will use the ensuing chaos as a diversion to loot the Treasury and use what remains of “government” to further their own personal interests, without regard to the common welfare. Nice folks!

It’s doubtful that America as the majority of us have envisioned it can survive another four years of Trump’s corruption, racism, and malicious incompetence. Despite some liberal wishful thinking, our democratic institutions and apparently overrated “checks and balances” are crumbling before our eyes. 

The “JR Five” on the Supremes and the GOP Senate already have reached “Penceian levels” (“Pence” rhymes with “incompetence”) of mindless sycophantic subservience to the “Clown Prince” and his entourage. None of them would be able to extract their collective heads from the more than ample Presidential rear to see any daylight during a second term. Trump’s re-election would inevitably convert the “City on The Hill” to a “wealthy universally despised third world kleptocracy.” That’s the real “vision” of Trump and the GOP. (I think that Nicole’s “hypothetical” of a Trump victory and a Dem Senate is the “least likely scenario.”)

This November, vote like your life and the world’s future depend on it! Because they do!

Equal Justice & A Diverse America For All! Trump’s Dark, Evil, Dishonest Vision Of America, Never!

PWS

08-27-20

🤯🤯🤯👽💩🤖👾THE TWILIGHT ZONE “PRESIDENCY” — “There are times I get online, see the latest news, and wonder how we are living in a world where Kafka writes for the Twilight Zone starring the Marx Brothers!” — Dan Rather

Click here for the “Trump Regime/GOP Theme Song:”

https://www.youtube.com/watch?v=-b5aW08ivHU

Amen!

This is what American “Government” is these days. An absurdist parody where the architect of death, disorder, hate, inequality, international ridicule, unemployment, and White Supremacist violence blames a former Vice President for the absolute mess the incumbent has made of our nation! And, guess what — a crowd of sycophants actually has the audacity to cheer and (apparently) believe this evil, absurdist fantasy and to claim that their selfish, tone-deaf, dishonest minority views represent the “real America!”

In other words, Trump is essentially “running against his own record” while taking no responsibility for the mess he has made. In a pure Kafka/Twilight Zone moment, his GOP toadies let him get away with it. Worse yet, they contemptuously and arrogantly think the rest of us are stupid or clueless enough to believe this fantastic nonsense!

But, maybe there is some historical reason for this contempt. Trump’s mess is also to some extent the fault of the majority of us who “failed to make the sale” and get out the vote in 2016. We won a clear majority of the votes, but were’t smart, motivated, or diligent enough to turn our majority into political power. Some would call that the height of ineptitude and failure of resolve! That, in turn, has unleashed great, unnecessary, pain, suffering, death, and despair on America and the world.

Even allowing for the unreliability of polls, Trump apparently has never had the support of the majority of Americans, let alone voters. Yet, he “governs” as if the minority he represents are the only Americans! And, the rest of us have let him get away with it!

Do we really want to be remembered as the generation that ended “The American Experiment” and replaced it with “The American Kakistocracy?” We have a chance this Fall to get it right and to put America back on track to fairness, decency, humanity, equality, and a better life for all Americans — to take America to another level and to resume a positive position of world leadership. To address racial and economic inequality and to improve and value the lives of all Americans (including, of course, Trump supporters). The chance might not come again. 

So, don’t blow it! Put Joe Biden in office, a decent, experienced, highly competent, thoughtful, caring, forward looking human being with a positive vision for all Americans and a commitment to a better world. Give Joe and his able and inspirational partner Kamala Harris a Democratic-led Senate that will help them govern for the common welfare, rather than for the benefit of one family and a few of their cronies at their top!

This November, vote like your life and the world’s future depend on it! Because they do!

Due Process Forever! Kafka, The Twilight Zone, and the Marx Brothers, Never!

PWS

08-28-20

🏴‍☠️☠️⚰️🤮👎🏻THE GOP HAS A PLAN FOR YOU: “plunder, theft and extraction!”

Jamelle Bouie
Jamelle Bouie
Columnist
NY Times

https://www.nytimes.com/2020/08/25/opinion/trump-convention-platform.html

Jamelle Bouie in The NY Times:

. . . .

It is not news that the Republican Party has a stagnant governing agenda cobbled together from the long-discredited dogmas and shibboleths of the conservative movement. “The current iteration of the G.O.P. is indifferent to the substance of government,” Steve Benen, a political writer and producer for The Rachel Maddow Show on MSNBC, writes in “The Impostors: How Republicans Quit Governing and Seized American Politics”:

It is disdainful of expertise and analysis. It is hostile toward evidence and arithmetic. It is tethered to few, if any, meaningful policy preferences. It does not know, and does not care, about how competing proposals should be crafted, scrutinized or implemented.

What is news is the extent to which the Republican Party has embraced the trappings of its leader, which is to say, the trappings of a right-wing cable news network: a nonstop parade of conspiracy, demagogy and grievance, in service to a cult of personality, all for the sake of a politics of plunder, theft and extraction.

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

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

Pretty good explanation of The Party of Trump (formerly known as “The Party of Lincoln”). 

My question is why the so-called “mainstream media” (excluding Jamelle and a few others) handles with “kid gloves” folks like Nikki Haley, Tim Scott, and Melania, who go on national TV and present knowingly bogus, totally disingenuous, fabricated portraits of Trump as a benign presence in U.S. politics. In a vain, continuing search for “normalization” of overt 21st century Jim Crow nationalist fascism, the “mainstreams” appear ready to credit speaking in complete, largely grammatical, sentences in the English language and not screaming racist tropes or absurdist internet conspiracy theories as all that is necessary to be considered “credible” and a “moderating force” in today’s “Trumpized” GOP!

The disingenuous treatment by the “mainstreams” of dishonest attempts to “soften” Trump’s true “Mini-Mussolini” persona as election-season gimmick is a gross dis-service to the public welfare and the abdication of the duty of courageous independent journalism to provide critical coverage — not just regurgitate RNC propaganda!

Why are “the mainstreams” rolling over for the RNC?

This November, vote like your life and the future of the world depend on it! Because they do!

PWS

08-26-20

🏴‍☠️☠️🤮⚰️👎KAKISTOCRACY KORNER: SPOTLIGHT ON AMERICA’S MOST DANGEROUS HATE GROUP: THE RNC!

 

Paul,

This past weekend, the Republican National Committee caved to white supremacist and other hate groups by adopting a resolution titled Refuting the Legitimacy of the Southern Poverty Law Center to Identify Hate Groups.

The focus of the resolution is that “the SPLC is a radical organization” that harms conservative organizations and voices through our hate group designations.

This attack on our work is an attempt to excuse the Trump administration’s pattern and practice of working with individuals and organizations that malign entire groups of people — immigrants, Muslims and the LGBTQ community — while promoting policies that undermine their very existence. It comes from the same vein as Trump’s claim that there were “very fine people” on both sides of the 2017 Unite the Right rally in Charlottesville.

Simply put, it’s an audacious attempt by Trump and the GOP to paper over the bigotry and racism that has been allowed to infect their policies.

This resolution comes at a moment when Trump will argue at the Republican National Convention that he will combat hate and bigotry, despite welcoming the support of QAnon. It also comes days after the indictment of Stephen Bannon, reminding us that Bannon was once the White House chief strategist and senior counselor and CEO of Trump’s 2016 presidential campaign. And it comes just after our special investigation shined a light on One America News Network’s Jack Posobiec, a reporter at Trump’s favorite network who is aligned with white supremacy and has used his platform to further hate speech and propaganda.

Trump should sever these ties to hate groups and extremists instead of doubling down through this RNC resolution.

The Trump administration has filled its ranks and consulted with alumni and allies from the Federation for American Immigration Reform, an anti-immigrant hate group that has ties to white supremacist groups and eugenicists. They include Julie KirchnerKris KobachJeff Sessions and, most notably, Stephen Miller.

The Trump administration has worked with hate groups like the Family Research Council (FRC) to roll back LGBTQ rights. FRC was designated an anti-LGBTQ hate group for decades of demonizing LGBTQ people and spreading harmful pseudoscience about them. Over the years, the organization has published books, reports and brochures that have linked being LGBTQ to pedophilia, claimed that LGBTQ people are dangerous to children and claimed that LGBTQ people are promiscuous and violent.

Anti-Muslim groups have also been welcomed into the administration, including the Center for Security Policy (CSP)Fred Fleitz, a longtime staffer, was appointed the executive secretary and chief of staff of the National Security Council. For decades, CSP has peddled absurd accusations that shadowy Muslim Brotherhood operatives have infiltrated all levels of government.

These extremists are seeking a license to continue spreading their bigotry and will do anything to undermine those — like the SPLC, which tracks and monitors hate groups — who expose their extremist views and oppose their attacks on communities. With this resolution, Trump and members of the GOP have shown the extent to which they will carry their water.

This past weekend, the RNC also released a resolution titled Resolution to Conserve History and Combat Prejudice – Christopher Columbus. It’s a remarkably transparent statement that hate and bigotry stem from Black Lives Matter protesters. The RNC and Trump did not denounce organizations that promote antisemitism, Islamophobia, neo-Nazis, anti-LGBTQ sentiment or racism. It only criticized the SPLC for challenging those groups.

Outraged? Here are two ways to take action today:

1.     Sign up for our next Power Hour Virtual Phone Bank on August 27. We’ll be calling likely unregistered voters of color in Georgia to share information on how they can register to vote.

2.    Listen and subscribe to our new podcast, Sounds Like Hate. Episode 2 is about the connections between extremists and the Trump administration.

Onward,

Margaret Huang
SPLC President & CEO

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Copyright 2020

 

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

Pretty much says it all about today’s GOP and the Trump Administration.

·      No platform

·      No values

·      No truth

·      No humanity

·      No decency

·      No America

·      No inclusion

·      The party of “Dred Scottification,” Jim Crow, and White Supremacy

Sure “Sounds Like Hate” to me!

This November, vote like your life and the future of our world depend on it! Because they do!

PWS

08-25-20

 

 

 

RICHARD A. CLARKE @ WASHPOST: High Time To End The DHS Farce  🤡🤹‍♀️🎪☠️🤮: “Trump has done far more damage to the DHS, however, than leaving it leaderless. He has branded it as the department that cages children, swoops innocent citizens off U.S. streets, sends warriors dressed for the apocalypse to deal with protests, hunts down hard-working people doing “essential jobs” to forcibly deport them, and harasses foreign students at leading universities.”

 

https://www.washingtonpost.com/opinions/dismantle-the-department-of-homeland-security/2020/07/30/24ef8ba0-d279-11ea-8c55-61e7fa5e82ab_story.html

Richard A. Clarke served on the National Security Council for Presidents George H.W. Bush, Bill Clinton and George W. Bush. 

President Trump has, often intentionally, damaged essential federal departments and agencies, driving from their ranks thousands of career civil servants who are global experts and national treasures. The country is seeing the results play out at the Centers for Disease Control and Prevention, but such damage has happened across the federal bureaucracy.

No national institution has been more damaged than the Department of Homeland Security. The youngest of the federal departments, the DHS is among the largest by employee count, ranking just below the Defense Department and Veterans Affairs. It was created in 2003 by smashing together 17 agencies from five departments in an ill-conceived response to the 9/11 terrorist attacks. Its divisions and agencies are now largely leaderless, because the White House refuses to nominate senior managers to replace those who have left. Quick, who is the secretary of homeland security?

You get my point.

Trump has done far more damage to the DHS, however, than leaving it leaderless. He has branded it as the department that cages children, swoops innocent citizens off U.S. streets, sends warriors dressed for the apocalypse to deal with protests, hunts down hard-working people doing “essential jobs” to forcibly deport them, and harasses foreign students at leading universities. The DHS has become synonymous with unsympathetic government overreach, malevolence and dysfunction.

For the patriotic, underpaid Americans working hard in the agencies of the DHS, what Trump has done to their reputations is a tragedy. The department, however, was doomed from the start. When such an agency was proposed before the Sept. 11 attacks, I was working in the White House, where I coordinated many “homeland” issues for almost a decade under President Bill Clinton and, later, President George W. Bush. Blocking the creation of the DHS was one of the few things on which Vice President Dick Cheney and I agreed. We thought that such a department would be too large, too diverse in function and too difficult to integrate into a well-functioning institution.

Congressional leaders, however, wanted to “do something” after 9/11, and it became impossible for the Bush administration to maintain its opposition to the idea of a homeland security agency. Instead, the Bush administration embraced it and quickly merged a raft of agencies ripped from their home departments. The new department never really came together.

For more than a decade, reports from the Government Accountability Office, think tanks and congressional committees have documented the failures of the DHS to coalesce into an effective entity. Its image steadily declined and was not helped by the popular television series “Homeland,” which despite its name depicted a dark world of CIA intrigue, portraying missions and functions that the DHS never actually had.. Contrary to popular belief, Homeland Security has never been the government’s lead counterterrorism entity. The FBI, part of the Justice Department, leads counterterrorism efforts within the United States.

The next administration would be well advised not to try to make the existing DHS structure work, for it will end up as another presidential administration that has failed in that task. Instead, the department should be reimagined — perhaps as part of a Reinventing Government effort, the first of which was led by then-Vice President Al Gore — with more manageable and mission-consistent entities. It should also shed its Orwellian name.

Federal departments and agencies develop personalities and images from their mission, and they attract people who identify with those personas. These identities are almost immutable, but new organizational designs and branding can reinvigorate and redirect agencies. Breaking up the DHS could have positive results.

. . . .

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

Read the rest of the article at the link.

You read it Courtside long ago: No mission, no leadership, no values, no discipline, no decency.  DHS as currently constituted is a dysfunctional mess that America won’t miss. 

Break it up, reassign the truly necessary functions, reduce the funding, and use the money saved by eliminating detention, grotesque mismanagement and maladministration, stupid walls, undisciplined and counterproductive, “civil” enforcement, and other demonstrably destructive functions for something more constructive. Yes, if you strip out the neo-Nazi wannabes, racists, and incompetents, there is some real talent there. Some of that talent passed through my courtroom in Arlington. Some of it is in the Asylum Office and at USCIS. There is some in the anti-smuggling and fraud detection programs. But, it’s totally wasted in the current corrupt dysfunctional configuration. Indeed, the totally toxic reputation of DHS under Trump actually hinders the useful functions.

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

PWS

07-31-20

🏴‍☠️☠️🤮⚖️⚰️👎🏻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 ☠️⚰️

Laura Coates
Laura Coates
Legal Analyst
CNN

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

🏴‍☠️👎RACISM IN AMERICA: “COTTON DON’T COME TO HARLEM” —  Apparently, According to Racist GOP Sen. Tom Cotton, White Guys Can’t Jump, Work For Themselves, Or Build A Nation Without Exploiting Free Labor Of Enslaved Humans, So That’s What Makes America Great!  — America’s Vilest Senator Shows Why America Can’t Heal & Move Forward Until GOP Racist Enablers, Falsifiers, and Apologists Are Removed From All Public Offices!

Mary Papenfuss
Mary Papenfuss
Contributor
HuffPost

https://www.huffpost.com/entry/tom-cotton-interview-slavery-necessary-evil_n_5f1e4101c5b69fd4730e31ad

Sen. Tom Cotton Calls Slavery Nation’s ‘Necessary Evil’ In Shocking Interview

Slavery “was the necessary evil upon which the union was built,” the Arkansas senator said in an interview.

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By Mary Papenfuss

This is the AOL video player, press Space to toggle play and pause

Sen. Tom Cotton Calls Slavery ‘Necessary Evil’

 

  • Controversial Sen. Tom Cotton (R-Ark.) called slavery the nation’s “necessary evil” in a new interview published Sunday.
  • The senator told the Arkansas Democrat-Gazette that slavery was the evil ”upon which the union was built.”
  • He made the stunning comment while discussing how slavery should be taught in schools.
  • “We have to study the history of slavery and its role and impact on the development of our country because otherwise we can’t understand our country,” Cotton said. “As the Founding Fathers said, it was the necessary evil upon which the union was built.”
  • Cotton also noted that the “union was built in a way, as Lincoln said, to put slavery on the course to its ultimate extinction.”
  • Instead of portraying America as “an irredeemably corrupt, rotten and racist country,” the nation should be viewed “as an imperfect and flawed land, but the greatest and noblest country in the history of mankind,” he added.
  • Cotton delved into his twisted view of the history of slavery as he discussed his bill — the Saving American History Act of 2020 — that would cut off federal professional development funds from any school district that teaches a curriculum linked to the 1619 Project.
  • The 1619 Project — which refers to the year slaves were brought from Africa to colonial America — was a series of pieces by writers for the New York Times Magazine that examines the American history of slavery and its critical role in the nation’s founding.

Nikole Hannah-Jones, a Pulitzer Prize-winning Times reporter and director of the 1619 Project, blasted Cotton’s comments justifying slavery, “where it was legal to rape, torture and sell human beings for profit.” It’s “hard to imagine what cannot be justified if it is a means to an end,” she added.

. . . .

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

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

So, Tommy, since you believe that slavery was necessary for America’s future prosperity and “goodness,” I assume that you are in the forefront of the movement to pay hefty reparations to the modern day ancestors of those who had to suffer for your White America to achieve greatness?

Cotton almost always speaks rubbish and racist BS. This is just another prime example. Of course, there is always a choice on whether or not to abuse, exploit, torture, and kill fellow humans. 

Undoubtedly, America as we know it was built on the minds, backs, suffering, misery, and uncompensated labor of enslaved African Americans. But, there were in fact in colonial and post-colonial America many individuals of various races who had the ability to farm their own land, practice their own crafts, trades, and professions, and engage in commerce that didn’t involve trafficking in human lives or the fruits of slave labor. Slavery represented a conscious choice by White Americans, not an inevitability that was unwillingly thrust upon them.

Surely, individuals like Washington, Jefferson, Madison, Monroe, and other slave-owning founding fathers who risked it all on the unlikely chance of winning a war against the British Empire, had the knowledge, ability, and creativity to have said “no to slavery.” They just lacked the moral courage as well as the self-confidence to believe in their own abilities to earn a living without exploiting others. 

It’s sad, true, but neither “unavoidable” nor “forgivable.” Indeed, the only ones qualified to “forgive” the sins of the founders would be those no longer with us — generations of enslaved African Americans who suffered so that the White Guys in power could build a better country for themselves. 

Cotton has no legitimate place in this debate. He should shut up, get off the public dole, and  develop some useful skills that would help all Americans toward a more just, equitable, and intellectually honest future as well as an understanding of the reality of past mistakes.

I have previously characterized Cotton as one of the most vile and dangerous public figures in America, with racism, ignorance, and willful falsity in his heat and mind. He just keeps proving my case!

As I predicted, the death of true courageous American hero Congressman John Lewis (whose briefcase Cotton wasn’t qualified to hold) was met by “crocodile tears” and the usual litany of disingenuous tributes by GOP politicos (other than Trump who simply made his pathetic “condolence” as brief as it was dishonest). But, now we get a real look at how the GOP “honors” Lewis and the African American community:

  • Not extending Voting Rights protections undermined by right-wing GOP politicos serving as Supreme Court Justices;
  • Dragging their feet on coronavirus relief while Trump bobbles the national response, communities of color are disproportionately adversely affected, and the GOP instead obsesses about providing unnecessary liability protections for their business buddies who promote unsafe conditions for their workers and customers;
  • Falsely trying to blame “Black Lives Matter” for protesting a broken justice system while Trump’s misallocated “stormtroopers” fan unrest and racial tensions;
  • Pretending not to hear as Trump sows more unrest by casting doubt on whether he will leave office if and when voted out by the people.

That’s the “real GOP.” A bunch of “not so closet” racists and misogynists who are scared silly that their White privilege finally might be “on the ropes” and that the real majority could not only triumph this Fall, as they did in 2016, but this time that majority might actually get the political power denied them last time.

This November, vote every GOP candidate out of office! Under Trump, and with folks like Cotton in the wings, the GOP has become the largest threat to our national security, health, unity, prosperity, humanity, and future as a democratic republic. Vote ‘em out, for a better America!

PWS

07-27-20

☠️☠️☠️☠️☠️👎🏻👎🏻👎🏻👎🏻👎🏻⚰️⚰️⚰️⚰️⚰️AMERICAN GOVERNANCE APPEARS TO BE IN A DEATH SPIRAL THANKS TO TRUMP KAKISTOCRACY & THE GOP — NOVEMBER COULD BE OUR LAST CHANCE TO AVOID THE FATAL CRASH!

https://www.washingtonpost.com/politics/with-trump-leading-the-way-americas-coronavirus-failures-exposed-by-record-surge-in-new-infections/2020/06/27/bd15aea2-b7c4-11ea-a8da-693df3d7674a_story.html

From WashPost:

Politics

With Trump leading the way, America’s coronavirus failures exposed by record surge in new infections

By Toluse Olorunnipa, Josh Dawsey and Yasmeen Abutaleb

June 27 at 5:38 PM ET

. . . .

Later Friday, the United States recorded more than 40,000 new coronavirus cases — its largest one-day total.

It was the latest example of whiplash from the Trump administration, which has struggled to put forward a consistent message about the pandemic. While public health experts urge caution and preventive measures such as mask-wearing and social distancing, Trump, Pence and other top aides repeatedly flout their advice, leaving confused Americans struggling to determine who to believe.

“They’re creating a cognitive dissonance in the country,” one former senior administration official said. “It’s more than them being asleep at the wheel. They’re confusing people at this point when we need to be united.”

This portrait of a nation in crisis — and its failure to contain an epic pandemic — is based on interviews with 47 administration officials, lawmakers at the national and state level, congressional staff, federal and local health officials, public health experts and other current and former officials involved in the bungled and confused response.

America’s position as the world’s leader in coronavirus cases and deaths is in large part the result of human error, and the still-rising caseload stands as a stark reminder of the blunders that have characterized the national response. Trump’s actions, and his position in the Oval Office, make him a central figure in any assessment of the country’s handling of the outbreak.

. . . .

As local officials struggled to enforce stay-at-home orders and other restrictions, the virus continued to circulate throughout a country riven by partisan politics and devoid of a national public health strategy, said Max Skidmore, a political scientist at the University of Missouri at Kansas City and author of a book on presidential leadership during health crises.

“We’re the only country in the world that has politicized the approach to a pandemic,” he said.

Now, covid-19, the disease caused by the coronavirus, is advancing at an accelerated pace in the United States, even as other countries reopen their economies after getting their outbreaks under control. European diplomats are poised to approve an agreement that will reopen the European Union to travel from many countries but not American tourists, because the coronavirus is still raging in the United States.

In contrast, states from Arizona to Florida are pausing or reversing their attempts to reopen their economies.

The new peak in cases — coming so quickly after the first and with just months to go before a presidential election and an impending flu season — has alarmed public health experts and the president’s political allies.

“These epidemics are going to be hard to get under control,” said Scott Gottlieb, the former commissioner of the Food and Drug Administration and an informal adviser to the Trump administration. He said he expects deaths to soon climb to more than 1,000 per day again. “It’s going to continue to spread until you do something to intervene. I’m not sure we are taking enough forceful action to break the trend right now.”

The president has dramatically scaled back the number of coronavirus meetings on his schedule in recent weeks, instead holding long meetings on polling and endorsements, his reelection campaign, the planned Republican National Convention in Jacksonville, Fla., the economy and other topics, according to two advisers, who, like others, spoke on the condition of anonymity to discuss internal deliberations.

. . . .

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

Read the full article at the link.

There’re no “good” time for the insanity of a supposedly advanced nation putting an evil moron and his kakistocracy in charge. That’s particularly true when that evil, grotesque ignorance, and astounding dishonesty were well-advertised and documented in advance of the 2016 election.

How would you expect a jerk whose most famous line was “You’re fired” to perform in a leadership position requiring intelligence, integrity, compassion, vision, moral courage, and the ability to positively inspire others to perform? Duh!

It’s no mystery that a man without visible redeeming qualities will perform just as horribly, if not worse, than the majority of us predicted. But, next to a world war, a worldwide pandemic is probably the worst possible time to have “malicious incompetents” at the controls. 

Got a healthcare crisis? Eliminating health insurance for 23 million Americans is the obvious solution!

This plane is going down folks. Better get a real pilot into the cockpit before it’s too late!

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

PWS

06-28-20

TANVI MISRA @ ROLL CALL: The BIA’s Biased Hiring Program Is As Bogus As A Three Dollar Bill — Designed To Empower White Nationalist Nation, Deny Due Process! ☠️👎🏻 — “Everyone knows that [EOIR Director James McHenry] 👺 was changing the process along the way to ensure he got the candidates he pre-selected.” 

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

https://www.rollcall.com/2020/05/04/doj-hiring-changes-may-help-trumps-plan-to-curb-immigration/

Tanvi writes for Roll Call:

. . . .

The hiring plan documents show shortened hiring timelines and suggest preference given to judges with records of rulings against immigrants. The documents also demonstrate the influence held over the board by the political leadership of the Executive Office for Immigration Review, the Justice Department agency that oversees the nation’s immigration court system, particularly its director, James McHenry.

“The [hiring] processes previously in place were cumbersome and not efficient but what we’re seeing with this hiring plan is that they’ve really eviscerated any protections that were put in place  … to create a flexible process to fit their political priorities,” said Laura Lynch, senior policy counsel at AILA. “It’s very unclear and opaque and provides the leeway to manipulate the process.”

An EOIR official, who would only comment if identified as an agency spokeswoman, said its current process is “open, competitive, merit-based.”

“During the most recent hiring cycle, every interview panelist was a career (i.e. not political) employee, which would not have been possible under the previous procedures,” said the spokeswoman after CQ Roll Call reached out to EOIR for comment. “Individuals who assert that such changes make the hiring process less neutral are either ignorant or mendacious.”

New roles

Under the current administration, the Justice Department has rapidly expanded the board. In 2018, it went from 17 members to 21. On March 31, the department announced a new rule, effective the next day, expanding the board to 23 members.

McHenry first advertised for new positions in fall 2018. But instead of referring to them as “board members,” as they had been historically described, he called them “appellate judges,” a reflection of other changes to come. Instead of working out of the board’s office in Falls Church, Va., appellate judges could work from any immigration court in the country.

They also could review cases at both the trial and the appellate level — creating potential conflicts of interest.

EOIR said its office first proposed that designation in 2000.

“Elevating trial-level judges to appellate-level courts is common in every judicial system in the United States,” the agency spokeswoman said.

True, said Ashley Tabaddor, who heads the union, the National Association of Immigration Judges. But she noted judges in an independent judiciary don’t hear cases at the trial and appellate level at the same time.

“They are taking these concepts and they’re mashing them up together to essentially walk away from the traditional court model,” she said, adding that she believes conflating the roles could be a way to dilute union membership.

Tabaddor and others are currently fighting the Justice Department over its move in January to decertify the judges’ union.

Faster hiring process

In 2008, a DOJ Inspector General investigation found widespread political hiring at the board. As a result, to curb future practices, the department implemented a multi-layered process that entailed vetting by both political appointees and career professionals.

The current hiring process appears to chip away at the role career employees play in that process, and instead amplifies that of the EOIR director and other political appointees, according to Lynch and some other experts who reviewed the changes.

McHenry refers several times in one memo that he seeks to streamline the hiring process and make it more efficient. For instance, new openings on the board are now public for only 14 days, as opposed to the previous 30 days, to “begin the application review process more quickly,” McHenry writes in the memo.

In another step, current board members have to submit their evaluations of job candidates within three days, as opposed to a week. McHenry notes other tighter deadlines for other parts of the applicant screening process.

The changes raise concerns by immigration judges, lawyers and court observers about political appointees rushing preferred candidates, including those with unresolved complaints in their records, onto the board.

“Looks like another coverup for ‘expedited,’ predetermined, ideologically-based, ‘insider’ hiring,” Paul Schmidt, a retired immigration judge who headed the Board of Immigration Appeals under President Bill Clinton, told CQ Roll Call via email.

Schmidt, who tracks every board hire and firing on a well-known immigration blog, described the current hiring process as “a fraud and a joke — but not so funny when we consider the human lives at stake.”

According to a former longtime member of the appeals board who served under McHenry, EOIR’s director has manipulated even the newly laid out hiring process. “Everyone knows that he was changing the process along the way to ensure he got the candidates he pre-selected,” said the former board member, who spoke to CQ Roll Call on the condition of anonymity because of fear of agency retribution.

EOIR leaders did not respond to questions posed to agency leaders specifically regarding this allegation.

. . . .

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

Read Tanvi’s full article at the link.  

Actually, I’m neither neither “ignorant [nor] mendacious.” I probably know more about EOIR than anyone alive. I”ll certainly put my knowledge of immigration law and due process up against anyone at the DOJ today!

The proof of any merit based hiring system is in the results. Nobody, and I mean nobody, outside the world of DOJ politicos and the restrictionist right would claim that the last half-dozen selections for the BIA are the “best and the brightest.” None of them actually have any recent relevant experience representing migrants or asylum seekers. 

There must be hundreds if not thousands of immigration practitioners out there who would be better qualified and more deserving of these jobs. Under current conditions, what would a civil servant not actually involved in Immigration Court practice know about what makes a good BIA Appellate Immigration Judge? What would they know about legal issues facing the immigrant community? Next to nothing, to put it generously. So, what’s the benefit of involving them except to “rubber stamp” and “launder” Director McHenry’s anti-immigrant preselections. That’s exactly what the “inside” source in Tanvi’s article confirms!

What is badly needed and sorely lacking is input from the immigration bar and the NGOs who actually practice before the Immigration Courts and the BIA and have seen the unmitigated due process and fundamental fairness disaster that unfolds every day under this Administration. That’s the way other judicial “merit selection” systems are run — with input from outside Government, indeed some even get input from influential non-lawyers within the community being served by the courts.

Such a system was actually used on a number of occasions during the Clinton Administration. And, hiring then didn’t take anywhere near as long as it has under the bloated, biased, and opaque systems employed by the Bush, Obama, and Trump Administrations. Not surprisingly, every appointment to the BIA since 2000 has been some type of “government insider.”

Today’s BIA is largely White, Male, Anglo, and restrictionist. That bears no resemblance whatsoever to the community that the Immigration Courts are supposed to be serving. Indeed, it bears little resemblance to the composition of today’s America or the attitudes of the majority of Americans toward migrants.

Even with tons of “undue deference” given to the BIA  by the Article IIIs, scarcely a week goes by without the Article IIIs highlighting some grossly defective performance in the BIA’s interpretation and application of the basics of immigration law and due process. Yet, the BIA selection process makes no effort to encourage or promote private sector applicants renowned and respected in the larger legal community for their scholarship, professionalism, and problem-solving skills. Indeed, some Immigration Judges with just those skills have prematurely been driven from the bench by this Administration’s racially biased and fundamentally unfair manipulation of the Immigration Court process.

The BIA’s bogus hiring process is a prime example of fraud, waste, and abuse. And the failure of Congress and the Article III Courts to put an end to this ridiculous perversion of justice is a disgraceful act of complicity in the disgusting “Dred Scottification” of  “the other.”

INTERESTING HISTORICAL FOOTNOTE: The current 23 Board Members is where the BIA was in 2001 before the “Ashcroft Purge” artificially reduced the BIA to 12 Members to eliminate dialogue, suppress dissent, and skew results to favor DHS without any meaningful deliberation or internal opposition. In other words, creating a false impression of consensus by shutting out dissent. The immediate cratering of the quality of the BIA’s decision making caused an uproar of resistance and criticism in the Circuit Courts of Appeals. Since then, the Immigration Courts have been in a two-decade-long “death spiral” with due process, fundamental fairness, judicial integrity, efficiency, and human lives among the victims.

Here’s more from Laura Lynch over at AILA about the ongoing farce at EOIR and the BIA 🤡☠️:

 

 

Laura Lynch
Laura Lynch
Senior Policy Counsel
AILA

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

Due Process Forever! Fraudulent “Clown Courts” 🤡 Never!

PWS

05-05-20

DAHLIA LITHWICK REVIEWS NEW BOOK “AMERICAN NERO” ON THE DISINTEGRATION OF THE RULE OF LAW AND AMERICAN INSTITUTIONS UNDER THE TRUMP REGIME!  — Echoes Of Germany In 1939 — “[J]udges, prosecutors and democratically elected officials formed the very backbone of Nazi Germany.”

Dahlia Lithwick
Dahlia Lithwick
Legal Reporter
Slate

https://www.washingtonpost.com/outlook/defending-the-rule-of-law-in-the-trump-era/2020/03/19/7dfac5d0-618a-11ea-845d-e35b0234b136_story.html

Dahlia writes in the WashPost:

There are, to vastly overgeneralize, two basic types of books written by critics of the Trump presidency: One class of books tells us things we never knew, such as how tyrannies arise or how Deutsche Bank operates outside meaningful scrutiny or control. The other tells us what we already know and seem to have forgotten. “American Nero,” by Richard W. Painter and Peter Golenbock, is very much in that latter category and serves to remind us, in icy, granular detail, of what has happened to constitutional democracy in three short years, and all that we have absorbed, integrated and somehow moved beyond. In some sense, then, it stands less as a unified argument than as a scrapbook of things that no longer horrify us.

The fact that it went to press just before the Senate impeachment trial, and thus cannot account for the near-collapse of an independent Justice Department, the capitulation of Senate Republicans who believed that President Trump had inappropriately sought Ukrainian election interference but who felt somehow helpless to hold him to account, and recent lawsuits against opinion journalists in major newspapers, actually only highlights the fact that even when one believes the situation cannot get worse, it always gets worse, and often in the span of mere weeks.

Painter, who served as White House chief ethics counsel under George W. Bush, and Golenbock, the author of several New York Times bestsellers, seek to chronicle the erosion of the rule of law in the Trump era, and in some ways, the most chilling parts of the book are not the descriptions of Trump’s lawlessness, whether in the form of attacking the press, benefiting financially from his presidency, obstructing the Mueller probe or fawning over despots. Much of this will be familiar to anyone who has tried to keep up with the events of recent years. But set against the context of historical precedent, the case becomes crisper. In their descriptions of the Salem witch trials, the internment of Japanese Americans after Pearl Harbor, the suspension of habeas corpus during the Civil War, the Palmer Raids and the pointless waste of the McCarthy era, the authors remind us that each of those actions was taken under color of law, effectuated by presidents, congressmen and lawyers.

Indeed they are quick to remind us, in a terrifying chapter on the rise of the Third Reich, that judges, prosecutors and democratically elected officials formed the very backbone of Nazi Germany. And that the transformation of Germany from democratic republic to bloody dictatorship took place in less than three months. In urging Americans to stand up for the rule of law — and its bulwarks of religious tolerance, guarantees of due process, truth, a free press and freedom from corruption — Painter and Golenbock archly make the more complicated case that law itself is often deployed to break the rule of law. As was the case in Nazi Germany, the breakdown can be progressive and can come in the guise of statutes, codes and court cases; these trappings do not make descent into autocracy lawful, they merely make it invisible.

. . . .

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Read the rest of Dahlia’s review at the link.

Not to quibble too much, but Dahlia, like many liberals who aren’t immersed in the ongoing immigration disgrace under this regime, doesn’t really “get” the essence of Jeff “Gonzo Apocalypto” Sessions, ascribing to him some minimum sense of ethics. No, despite his pretenses of great religiosity, Sessions, one of the most dangerous and committed White Nationalists of our time, has no discernible morality or ethics.

What he does have, however, is a driving racist commitment, combined with a mean streak of pure misogyny, to strip brown-skinned migrants, particularly vulnerable abused female refugees, of every vestige of their Constitutional and legal rights and to demean and dehumanize them: “Dred Scottify” if you will.

His “mistake,” was to put carrying out his White Nationalist program in front of the personal interests of the Trump Family. That’s how he found himself out of a job and on Trump’s “enemies list.” 

Perhaps “Gonzo,” never the brightest bulb in the pack, actually thought that going “above and beyond” in carrying out Trump’s assault on migrants and their humanity would “compensate” for his lack of demonstrated public personal loyalty to the corrupt interests of the Trump Family. If he did, he was wrong.

Sessions saw himself as the attorney for White Nationalist Nation, first and foremost. And, to give him credit, he did as much damage to our Constitutional institutions and the rule of law in his relatively short tenure as anyone, including Barr, although Barr now perhaps has an opportunity to overtake his predecessor.

Additionally, Sessions probably realized that backing off on his promise under oath to Congress to follow the attorneys’ ethical code and disqualify himself from the Clinton investigation and his public commitment to follow DOJ Ethics advice and recuse himself from the Trump/Russia investigation could 1) lead to his eventual disbarment, and 2) might even subject him to criminal prosecution. 

At a minimum, within the Department of Justice itself, acting against the ethics advice of DOJ Ethics’ Counsel deprives the actor of any “safe haven defense” based on following such advice. Consequently, self-preservation, rather than sensitivity to some moral code, was probably also a driving factor for Gonzo.

It’s also not like Gonzo didn’t unethically help Trump behind the scenes on both the Clinton and Mueller investigations. He clearly did, but got away with it. https://www.motherjones.com/politics/2018/04/who-can-stop-jeff-sessions-from-breaking-his-recusal-pledge-probably-no-one/. 

In line with observations in American Nero, accountability has all but disappeared from our crumbling Government institutions where Trump and his toadies are concerned. That’s why it’s probably going to be up to the “court of history,” especially where the role of Article III Judges like Roberts and his crew are concerned, to establish at least some moral and historical accountability for the unraveling of democracy and human values in the face tyranny. 

“American Nero.” Yeah, that’s a really “spot on” description of Trump and the dangerous  and immoral toadies surrounding him in the Kakistocracy.

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

 

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

How soon we forget!

Due Process Forever!

PWS

03-22-20

THE DOJ’S NEW TITLE UNDER BILLY BARR: “HOOKERS FOR TRUMP” – “Why Bill Barr’s DOJ replaced Catholic Charities with Hookers for Jesus” – Why “There has never been a better time to be a Hooker for Jesus.”

Dana Milbank
Dana Milbank
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/2020/02/11/why-bill-barrs-doj-replaced-catholic-charities-with-hookers-jesus/

 

Dana Milbank writes in WashPost:

There has never been a better time to be a Hooker for Jesus.

Under Attorney General Bill Barr’s management, it appears no corner of the Justice Department can escape perversion — even the annual grants the Justice Department gives to nonprofits and local governments to help victims of human trafficking.

In a new grant award, senior Justice officials rejected the recommendations of career officials and decided to deny grants to highly rated Catholic Charities in Palm Beach, Fla., and Chicanos Por La Causa in Phoenix. Instead, Reuters reported, they gave more than $1 million combined to lower-rated groups called the Lincoln Tubman Foundation and Hookers for Jesus.

Why? Well, it turns out the head of the Catholic Charities affiliate had been active with Democrats and the Phoenix group had opposed President Trump’s immigration policies. By contrast, Hookers for Jesus is run by a Christian conservative and the Lincoln Tubman group was launched by a relative of a Trump delegate to the 2016 convention.

That Catholic Charities has been replaced by Hookers for Jesus says much about Barr’s Justice Department. Friends of Trump are rewarded. Opponents of Trump are punished. And the nation’s law enforcement apparatus becomes Trump’s personal plaything.

Federal prosecutors Monday recommended that Trump associate Roger Stone serve seven to nine years in prison for obstruction of justice, lying to Congress, witness tampering and other crimes.

Then Trump tweeted that the proposed sentence was “horrible and very unfair” and “the real crimes were on the other side.” And by midday Tuesday, Barr’s Justice Department announced that it would reduce Stone’s sentence recommendation. All four prosecutors, protesting the politicization, asked to withdraw from the case.

But politicization is now the norm. Last week, Barr assigned himself the sole authority to decide which presidential candidates — Democrats and Republicans — should be investigated by the FBI.

Also last week, the Department of Homeland Security, working with the Justice Department, announced that New York state residents can no longer enroll in certain Trusted Traveler programs such as Global Entry — apparent punishment for the strongly Democratic state’s policies on illegal immigrants.

On Monday, Barr declared that the Justice Department had created an “intake process” to receive Rudy Giuliani’s dirt from Ukraine on Joe Biden and Hunter Biden — dirt dug in a boondoggle that left two Giuliani associates under indictment and Trump impeached.

The same day, Barr’s agency announced lawsuits against California, New Jersey and King County (Seattle), Washington — politically “blue” jurisdictions all — as part of what he called a “significant escalation” against sanctuary cities.

On Tuesday, to get a better sense of the man who has turned the Justice Department into Trump’s toy, I watched Barr speak to the Major County Sheriffs of America, a friendly audience, at the Willard Hotel in Washington.

Even by Trumpian standards, the jowly Barr, in his large round glasses, pinstripe suit and Trump-red tie, was strikingly sycophantic. “In his State of the Union, President Trump delivered a message of genuine optimism filled with an unapologetic faith in God and in American greatness and in the common virtues of the American people: altruism, industriousness, self-reliance and generosity,” he read, deadpan.

Trump, he went on, “loves this country,” and “he especially loves you.” The boot-licking performance continued, about Trump’s wise leadership, his unbroken promises and even the just-impeached president’s passionate belief in the “rule of law.”

Then Barr turned to the enemy. He attacked “rogue DA’s” and “so-called social-justice reformers,” who are responsible for “historic levels of homicide and other violent crime” in Philadelphia, San Francisco, Seattle, St. Louis, Chicago and Baltimore. Politicians in sanctuary jurisdictions, he said, prefer “to help criminal aliens evade the law.” Barr vowed to fight these foes with “all lawful means” — federal subpoenas to force them to turn over “information about criminal aliens,” dozens of lawsuits to invalidate statutes and attempts to deny them both competitive and automatic grants.

In response to a question, Barr railed against tech companies’ use of encryption: “They’re designing these devices so you can be impervious to any government scrutiny,” he protested.

Maybe people wouldn’t be so sensitive about government scrutiny if the top law enforcement official weren’t using his position to punish political opponents and reward political allies.

Instead, with Barr’s acquiescence, we live in a moment in which: Trump’s Treasury Department immediately releases sensitive financial information about Hunter Biden, while refusing to release similar information about Trump; Trump ousts officials who testified in the impeachment inquiry and even ousts the blameless twin brother of one of the witnesses; and Trump’s FBI decides to monitor violent “people on either side” of the abortion debate — although the FBI couldn’t point to a single instance of violence by abortion-rights supporters.

This week, the Pentagon released a new color scheme for Air Force One, replacing the 60-year-old design with one that looks suspiciously like the old Trump Shuttle.Surprised? Don’t be. Soon the entire administration will be able to apply for a Justice Department grant as a newly formed nonprofit: Hookers for Trump.

 

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Barr’s inspirational lesson for new lawyers: Once you achieve fame, fortune, and protection from corrupt politicos and complicit judges, it’s virtually impossible to get your law license revoked for unethical performance. As long as you thumb your nose at the law and ethical rules right in public, right in front of judges, you’re essentially immune. The “rules” only apply to those poor suckers at the bottom of the “legal totem pole.”

 

This is actually a fairly new development under the Trump regime. In the past, even high-profile lawyers who violated their ethical obligations got zapped: John Mitchell, Dick Kleindienst, Bill Clinton(technically, he might have “surrendered his law license” in lieu of disbarment), Webb Hubbell, etc.

 

But, during the Trump regime, Federal Judges seem content to just “roll their eyes” at lies, false narratives, thinly veiled racist or religiously bigoted rationales for policy, and simply astounding conflicts of interest (how about running a biased and unconstitutional Immigration “Court” right in plain view?) streaming out of an ethics-free zone at the “Department of Hookers for Trump.”

 

U.S. District Judge Amy Berman Jackson was actually a “target” of Roger Stone’s contemptuous and openly threatening behavior. It will be interesting to see how she deals with the sudden reversal and baseless plea for mercy from Barr for this unrepentant and totally unapologetic criminal.

 

As if to resolve any doubts as to his contempt for America and democratic institutions, the cowardly “Bully-in-Chief” unleashed an unprovoked twitter tirade against Judge Jackson and the career prosecutors in the case.  https://www.washingtonpost.com/nation/2020/02/12/trump-stone-judge/

 

Perhaps predictability, this was followed by an impotent call by Senate Democrats for the uber corrupt Billy Barr to resign and for the equally corrupt and spineless Sen. Lindsey Graham (R-SC) to stop slithering around the Capitol and schedule an “investigative hearing” into improper political influence at the “Department of Hookers for Trump.” https://apple.news/Az2hAo6yqT8uKJSuAX26F1Q  Don’t hold your breath,  folks!

 

At the same time, former DOJ Inspector General Michael R. Bromwich was telling WashPost’s Greg Sargent that the conduct of Trump and Billy the Toady was an “existential threat to the institutions that most of us value, prize and have served.” https://www.washingtonpost.com/opinions/2020/02/12/trump-openly-corrupts-doj-former-insider-sounds-alarm/.  Right on with that!

This is not “normal.” This is not “right.” It’s time for those of us who still believe in American democracy to take a stand in November to remove Trump and the sociopathic element that he represents in our society from power. Otherwise, the “race to the bottom” will continue, unabated. And more innocent people will be hurt by or die because of this unprincipled, totally immoral lunatic.

PWS

02-12-20