🇺🇸⚖️🗽 THE 14TH AMENDMENT IS A GENIUS 🧠 PROVISION THAT IS AT THE  HEART OF AMERICAN DEMOCRACY — That’s Why White Nativist Racists Like Trump, DeSantis, & Their GOP Supporters Are Baselessly Attacking It! 🏴‍☠️🤮 — Jamelle Bouie in The NY Times! — “If birthright citizenship is the constitutional provision that makes a multiracial democracy of equals possible, then it is no wonder that it now lies in the cross hairs of men who lead a movement devoted to unraveling that particular vision of the American republic.”

Ron DeSantis Dave Grandlund PoliticalCartoons.com Republished under license Ron DeSantis and Donald Trump are “campaigning” on an agenda of racism, hate, and White Supremacist grievance not seen since the late Gov. George Wallace. Yet, mainstream media has largely “normalized” that which would have been unacceptable and unthinkable only a few years ago!
Ron DeSantis
Dave Grandlund
PoliticalCartoons.com
Republished under license
Ron DeSantis and Donald Trump are “campaigning” on an agenda of racism, hate, and White Supremacist grievance not seen since the late Gov. George Wallace. Yet, mainstream media has largely “normalized” that which would have been unacceptable and unthinkable only a few years ago!
Jamelle Bouie
Jamelle Bouie
Columnist
NY Times

https://www.nytimes.com/2023/06/30/opinion/birthright-citizenship-trump-desantis.html?smid=nytcore-ios-share&referringSource=articleShare

Jamelle concludes:

. . . .

The birthright citizenship clause of the 14th Amendment, based on similar language found in the Civil Rights Act of 1866, was a direct response to and a rebuke of [chief Justice] Taney’s reasoning [in Dred Scott]. Having won the argument on the battlefield, the United States would amend its Constitution to establish an inclusive and, in theory, egalitarian national citizenship.

The authors of the 14th Amendment knew exactly what they were doing. In a country that had already seen successive waves of mass immigration, they knew that birthright citizenship would extend beyond Black and white Americans to people of other hues and backgrounds. That was the point.

Asked by an opponent if the clause would “have the effect of naturalizing the children of Chinese and Gypsies born in this country,” Senator Lyman Trumbull, who helped draft the language of birthright citizenship in the Civil Rights Act, replied “Undoubtedly.” Senator John Conness of California said outright that he was “ready to accept the provision proposed in this constitutional amendment, that the children born here of Mongolian parents shall be declared by the Constitution of the United States to be entitled to civil rights and to equal protection before the law with others.”

In 1867, around the time Congress was debating and formulating the 14th Amendment, Frederick Douglass delivered a speech in Boston where he outlined his vision of a “composite nationality,” an America that stood as a beacon for all peoples, built on the foundation of an egalitarian republic. “I want a home here not only for the Negro, the mulatto and the Latin races; but I want the Asiatic to find a home here in the United States, and feel at home here, both for his sake and for ours,” Douglass said. “The outspread wings of the American Eagle are broad enough to shelter all who are likely to come.”

If birthright citizenship is the constitutional provision that makes a multiracial democracy of equals possible, then it is no wonder that it now lies in the cross hairs of men who lead a movement devoted to unraveling that particular vision of the American republic.

Embedded in birthright citizenship, in other words, is the potential for a freer, more equal America. For Donald Trump and Ron DeSantis, that appears to be the problem.

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

Read the rest of Jamelle’s outstanding article and get the real story about the 14th Amendment. It has nothing to do with the racist lies and distortions spewed forth by Trump, DeSantis, and their fellow GOP white supremacists!

As we know, Congress has failed to address the realities of immigration since the enactment of IRCA in 1986. That has inevitably led to a large, disenfranchised population of undocumented residents — essential members of our society, yet deprived of political power and the ability to reach their full potential by their “status.” Consequently, they are  subject to exploitation.

Nevertheless, this phenomenon would be much more serious without the “genius of the 14th Amendment.” Notwithstanding the failure of the political branches to address immigration in a realistic manner, the overwhelming number of the “next generation” of that underground population are now full U.S. citizens with the ability to participate in our political system and otherwise assert their full rights in our society.

Thus, because of the 14th Amendment we have avoided the highly problematic phenomenon of generations of disenfranchised Americans, essentially “stateless individuals,” forced into an underground existence. It’s not that these individuals born in the U.S., who have known no other country, would be going anywhere else, by force or voluntarily. Nor would it be in our best interests to degrade, dehumanize, and exclude generations of our younger fellow citizens as Trump, DeSantis, and the GOP far right extremist crazies advocate.

Additionally, in contradiction of traditional GOP dogma about limited government, the Trump/DeSantis charade would spawn a huge new and powerful “citizenship determining bureaucracy” that almost certainly would work against the poor, vulnerable, and individuals of color in deciding who “belongs” and who doesn’t and what documentation suffices. How many adult American citizens today who have deceased parents could readily produce definitive documentation of their parents’ citizenship?

So, notwithstanding GOP intransigence, their vile and baseless attacks on the 14th Amendment, and the lack of political will to solve and harness the realities and power of human immigration, the 14th Amendment is at work daily, solving much of the problem for us and making us a better nation, sometimes in spite of our Government’s actions or inactions. And, it performs this essential service in a manner that is relatively transparent and minimally bureaucratic for most. 

🇺🇸 Due Process Forever!

PWS

07-01-23

THE GIBSON REPORT — 01-04-21 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group — Documenting Immigration Events In The Waning Days Of The Kakistocracy! 🏴‍☠️☠️⚰️👎🏻

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

COVID-19

Note: Policies are rapidly changing, so please verify information on the relevant government websites and with colleagues as best you can.

 

EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, January 22, 2021 (no change from last week posted at this time, possibly due to holidays). NYC non-detained remains closed for hearings.

 

TOP NEWS

 

Feds Can’t Back Out of Landmark Deal Protecting Immigrant Children

CN: The Trump administration failed to satisfy the requirements of a landmark settlement when it sought to impose new rules governing the detention and release of immigrant children in federal custody and therefore cannot terminate the agreement, a Ninth Circuit panel ruled Tuesday.

 

Ninth Circuit Rules Trump Can Ban Immigrants Without Health Insurance

CN: In a 2-1 decision penned by U.S. Circuit Judge Daniel Collins, a Trump appointee, the appellate court ruled that the proclamation was within the president’s authority and reversed a federal court decision to block implementation of the order.

 

President Trump extends immigrant and work visa limits into Biden presidency

CBS: Through a proclamation issued 20 days before Inauguration Day, Mr. Trump ordered a three-month extension of the visa restrictions, which were first enacted in April as a ban on some prospective immigrants and expanded in June to also halt several temporary work programs.

 

U.S. Congress Extends DED Program For Liberian Immigrants

FPA: Subsumed within the $900 billion spending bill passed by Congress on Dec. 21, 2020, was a provision extending the Liberian Refugee Immigration Fairness program, or LRIF, for one more year

 

Immigration lawyers worry in-person appearances at Eloy court will increase COVID-19 risk

AZ Republic: Immigration lawyers are upset over a recent decision that forces a return to appear in-person for hearings at the Eloy Immigration Court amid a rising number of COVID-19 cases in Arizona. The development comes as nearly two dozen immigration courts across the country have had to close in recent weeks for cleaning after possible exposure to COVID-19.

 

U.S. immigration arrests down 27% in 2020, a trend activists hope Biden will continue

Reuters: U.S. immigration arrests fell by 27% in 2020 as the coronavirus pandemic led to fewer border crossings and reduced operations, a falloff that pro-immigrant activists say should continue when President-elect Joe Biden takes office in January.

 

New Jersey Undocumented Immigrants Can’t Get Driver’s Licenses Yet

Documented: The COVID-19 pandemic delayed implementation of New Jersey’s law to allow residents without legal status to get driver’s licenses.

 

LITIGATION/CASELAW/RULES/MEMOS

 

February argument calendar includes immigration cases

SCOTUSblog: Biden has pledged to end both construction of the wall and the “remain in Mexico” policy, although it is not clear when he will do so. Perhaps as a nod to the possibility that the oral arguments in both cases could be canceled, the two cases were both scheduled on the same day as another argument – the only two days of the argument session with two arguments.

 

CA1 Upholds Withholding of Removal Denial to Honduran Petitioner Who Claimed He Was Persecuted by Local Police

The court held that substantial evidence supported the BIA’s denial of withholding of removal to petitioner where he had failed to establish a nexus between his treatment by the police and his membership in the particular social group of his immediate family. (Ruiz-Varela v. Barr, 12/23/20) AILA Doc. No. 20123106

 

CA1 Upholds Denial of Asylum to Petitioner with Proposed Social Group of “Guatemalan Women”

Rejecting the petitioner’s argument that her asserted persecution was based on membership in a proposed social group consisting of “Guatemalan women,” the court found that the scope of the petitioner’s persecution did not extend beyond a personal vendetta. (Pojoy-De León v. Barr, 12/21/20) AILA Doc. No. 20123105

 

CA9 Upholds Presidential Authority to Issue Healthcare Insurance Proclamation

The court reversed an injunction of PP 9945, which requires IV applicants to demonstrate acquisition of health insurance or ability to pay for future healthcare costs. The court found the proclamation within the president’s executive authority. (Doe, et al., v. Trump, et al., 12/31/20) AILA Doc. No. 21010436

 

USCIS Provides Guidance on Completing Form I-9 for Employees with Extended Work Authorization Under DACA

USCIS provided guidance for completing Form I-9 for employees with extended work authorization under DACA. Per USCIS, employees may present their unexpired EAD with category code C33 issued on or after 7/28/20, along with an I-797 Extension Notice showing a one-year extension under DACA. AILA Doc. No. 21010431

 

USCIS Announces Extension of Filing Period for Liberian Refugee Immigration Fairness Program

USCIS announced that the filing period for certain Liberian nationals and certain family members to apply for adjustment of status under the Liberian Refugee Immigration Fairness (LRIF) provision has been extended from one year to two years. USCIS must now receive applications by December 20, 2021. AILA Doc. No. 20123107

 

Presidential Proclamation Suspending Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market

President Trump issued a proclamation continuing Proclamations 10014 and 10052, which suspended the entry of certain immigrants and nonimmigrants into the United States in light of the COVID-19 pandemic. The proclamations have been continued until March 31, 2021. AILA Doc. No. 21010100

 

President Trump Issues Memorandum Extending Memorandum on Visa Sanctions

President Trump issued a memorandum extending his 4/10/20 memorandum imposing visa sanctions on any country that denies or delays the acceptance of its citizens after being asked to accept them during the COVID-19 pandemic. The memorandum will continue in force until terminated by the President. AILA Doc. No. 20123103

 

DOS Provides Update Regarding Presidential Proclamations Suspending Entry of Certain Immigrants and Nonimmigrants

DOS provided an update on the extension of Presidential Proclamations 10014 and 10052. The proclamations have been extended until March 31, 2021. AILA Doc. No. 20042435

 

EOIR Issues Memo Cancelling Certain Operating Policies and Procedures Memoranda

EOIR issued a memo (PM 21-12) rescinding and cancelling Operating Policies and Procedures Memoranda (OPPM) 90-09 and 91-1 concerning El Salvadoran and Guatemalan cases subject to temporary protected status and settlement in American Baptist Churches v. Thornburgh and ABC v. Thornburgh. AILA Doc. No. 21010430

 

DOJ’s Immigration Court Practice Manual (Updated on 12/31/20)

(New Chapter 7.5 on ABC Class Members and NACARA)

On December 31, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts. AILA Doc. No. 21010435

 

USCIS Withdrawal of Request for Comments on Proposed Revisions to Form I-821D

USCIS notice withdrawing a previous notice published at 85 FR 72682 on 11/13/20, which requested comments on proposed revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals. (85 FR 86946, 12/31/20) AILA Doc. No. 20123100

 

DOS Announces Phased Resumption of Routine Visa Services

DOS updated its announcement and FAQs on the phased resumption of visa services, noting that resumption would occur on a post-by-post basis, but that there are no specific dates for each mission. DOS also announced that it has extended the validity of Machine Readable Visa (MRV) fees to 9/30/22. AILA Doc. No. 20071435

 

DOS Expands Interview Waiver Eligibility

DOS announced that it has temporarily expanded consular officers’ ability to waive in-person interviews for individuals applying for a nonimmigrant visa in the same classification. Applicants whose nonimmigrant visas expire within 24 months are now eligible. The policy is effective until 3/31/21. AILA Doc. No. 20082503

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, January 4, 2021

Sunday, January 3, 2021

Saturday, January 2, 2021

Friday, January 1, 2021

Thursday, December 31, 2020

Wednesday, December 30, 2020

Tuesday, December 29, 2020

Monday, December 28, 2020

 

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Looking forward to your report for the week of January 25, 2021, Elizabeth!  Thanks for all you and those around you have done to “keep the due process fires”⚖️🔥 burning during the darkness of the last four years of cruelty, human rights abuses, scofflaw officials, and unrestrained kakistocracy. I see some light at the end of the tunnel here, although there is still lots of work to be done!

Due Process Forever!⚖️🗽🇺🇸

PWS

01-06-21

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

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

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

Charles Kaiser writes about Krugman in The Guardian:

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

. . . .

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

Read the rest of the article at the link.

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

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

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

PWS

05-03-20

HERE’S A SEPARATE LETTER ON THE URGENT NEED FOR AN ARTICLE I U.S. IMMIGRATION COURT THAT I SENT TO MY SENATORS AND CONGRESSMAN TODAY!

Sent to Senator Mark Warner (D-VA), Senator Tim Kaine (D-VA), and Representative Don Beyer (D-VA) and a few others today:

Dear

 

RE: Independent Article I U.S. Immigration Court

 

As an American, human being, taxpayer, and retired career civil servant, I am outraged at the totally unconstitutional and maliciously incompetent destruction of due process and the rule of law, not to mention simple human decency, in our U.S. Immigration Courts by the Department of Justice and the Trump Administration. They have created unprecedented dysfunction and grotesque unfairness.

 

The current mess, with already record low and plummeting morale and an out of control, largely self-created backlog of more than 1.3 million cases, serves neither the human beings condemned to its daily injustices and intentional degradations of humanity nor the legitimate needs of DHS enforcement. The latter should not be confused with the many outright lies and intentionally false narratives about the need for massive, counterproductive, fiscally wasteful, and intentionally cruel immigration enforcement spread by this Administration. I call on you to join your colleagues in supporting bipartisan legislation to create an independent, Article I U.S. Immigration Court as one of our highest and most pressing national priorities.

 

I have been involved in the field of immigration, law enforcement, refugees, and human rights for 47 years. More than 35 of those years were spent at the U.S. Department of Justice, where I worked under both Republican and Democratic Administrations. Indeed, as a career Senior Executive under the Reagan Administration, I helped create the Executive Office for Immigration Review (“EOIR”) to house the Immigration Courts and the Board of Immigration Appeals (“BIA”).

 

Our aim then was to increase judicial independence, due process, fundamental fairness, and professionalism. The Department that I loyally served bears no resemblance whatsoever to the unbelievable ethical and legal morass that now exists under Bill Barr, one of the three most totally unmqualified individuals to hold that post during my lifetime (the others being convicted felon John Mitchell and notorious White Nationalist enforcement zealot Jeff Sessions, who was primarily responsible for the Administration’s cruel and unconstitutional “child separation” program).

 

Prior to my retirement on June 30, 2019, I spent 13 years as an Immigration Judge at the U.S. Immigration Court in Arlington, Virginia. Before that, I was a Board Member and Appellate Immigration Judge at the BIA, for eight years, the first six as BIA Chair. I also spent more than a decade at the “Legacy Immigration & Naturalization Service,” (“INS”) where as Deputy General Counsel, and Acting General Counsel during portions of the Carter and Reagan Administrations, I was responsible for the overall operation of the nationwide legal program, including all representation before the Immigration Courts and the BIA. I have also practiced immigration law as a partner at the D.C. Office of Jones Day and as managing partner of the D.C. Office of Fragomen.

 

I currently teach Immigration Law & Policy as an Adjunct Professor at Georgetown Law, as well as making numerous speeches and other public appearances, and publishing my own blog, immigrationcourtside.com. I am a proud member of the Round Table of Former Immigration Judges, a voluntary organization, with more than 40 former judges as members, committed to filing amicus briefs, public statements, and taking part in educational efforts intended to increase public and judicial understanding of the Immigration Courts and to promote an essential restoration of due process and fundamental fairness as its focus.

 

I know of few, if any, other participants in the current “immigration dialogue,” who have personally been involved in more cases either helping deserving individuals achieve legal status under our laws or, conversely, ordering the removal of individuals found not to qualify to remain here under our laws. In other words, I know what I’m talking about, much of it from face to face encounters with individuals on all sides of the issue in Immigration Court, as well as years of experience in shaping national immigration policy and legislation in both the public and private sectors.

 

I have had to personally deliver to individuals and their families the “bad news” that I was required by the law to return them to countries where I had little doubt that they would suffer torture, rape, dehumanization, or even death. It’s a sobering experience not shared by most of those clueless demagogues now bragging about how “success” should be measured by our ability to inflict more unnecessary cruelty and inhumanity on some of the most vulnerable individuals in the world and how “court efficiency” means nothing other than assembly line removals with neither due process nor fundamental fairness.

 

What’s happening now in our Immigration Courts is a travesty and a national catastrophe. It is wrong, from a Constitutional, legal, and moral standpoint. It eventually will join Jim Crow as one of the most heinous abuses of legal authority and human rights in modern American legal history. Surely, we all want to be on “the right side of history” on this fundamental issue.

 

Today, many NGOs involved in justice, immigration, and human rights launched a “twitter storm” to raise awareness of the tragic abuses of the legal system going on at the Administration’s instigation daily in our failed and unconscionably “weaponized” Immigration Courts.  Innocent lives are literally being lost and families and futures ruined while we stand by and watch. America’s future as a great nation and “beacon of hope” for the rest of the world is literally being dissolved and washed down the drain.

 

Please take time to read the detailed letter that our Round Table of Former Immigration Judges signed, along with the American Immigration Lawyers Association and 53 other distinguished non-governmental organizations, demanding an end to the abusive Immigration Courts under DOJ control and the establishment of a constitutionally required independent Immigration Court that will insure due process and fundamental fairness as required by our Constitution.

 

That letter may be found at this link: https://www.aila.org/advo-media/aila-correspondence/2020/advocates-call-on-congress-establish-independent

 

Also, if you have not already done so, I urge you to read the letter signed by me and more than 2,500 other former DOJ officials deploring the corruption and unethical behavior that Bill Barr has “normalized” at the DOJ and demanding his resignation.

 

That letter may be found at this link:  https://medium.com/@dojalumni/doj-alumni-statement-on-the-events-surrounding-the-sentencing-of-roger-stone-c2cb75ae4937

 

American justice is facing an existential crisis resulting from this Administration’s weaponization and maliciously incompetent management of what is perhaps our biggest, and certainly most important in terms of human lives and American’s future in the world, court systems: The Immigration Courts. When these courts finally implode under the Trump Administration’s continued abuses, they will take with them a large portion of our American justice system and that which makes America different from the rest of the world.

 

I should know – I dealt with the human wreckage caused by the failure of courts and justice systems in other countries nearly every working day for more than four decades. This Administration has turned our once-proud Immigration Courts into a “parody of justice” usually found in third-world dictatorships or authoritarian states where due process is but a mirage.

 

Therefore, I respectfully ask for your support in creating an independent Article I U.S. Immigration Court. Due Process Forever!

 

With my thanks and very best wishes,

 

 

 

Paul Wickham Schmidt

U.S. Immigration Judge (Retired)

 

 

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

PWS

02-19-20

ERIC HOLDER, JR. @ WASHPOST: Former AG Blasts Chief Toady Billy Barr As Unfit For Office!

Eric Holder, Jr.
Eric Holder, Jr.
Former U.S. Attorney General

https://www.washingtonpost.com/opinions/eric-holder-william-barr-is-unfit-to-be-attorney-general/2019/12/11/99882092-1c55-11ea-87f7-f2e91143c60d_story.html

Opinions

Eric Holder: William Barr is unfit to be attorney general

12-12-19pastedGraphic_1.png

Attorney General William P. Barr in Washington on Tuesday. (Jacquelyn Martin/AP)

pastedGraphic_2.png

By Eric H. Holder Jr.

Dec. 11, 2019 at 9:13 p.m. EST

Eric H. Holder Jr., a Democrat, was U.S. attorney general from 2009 to 2015.

As a former U.S. attorney general, I am reluctant to publicly criticize my successors. I respect the office and understand just how tough the job can be.

But recently, Attorney General William P. Barr has made a series of public statements and taken actions that are so plainly ideological, so nakedly partisan and so deeply inappropriate for America’s chief law enforcement official that they demand a response from someone who held the same office.

Last month, at a Federalist Society event, the attorney general delivered an ode to essentially unbridled executive power, dismissing the authority of the legislative and judicial branches — and the checks and balances at the heart of America’s constitutional order. As others have pointed out, Barr’s argument rests on a flawed view of U.S. history. To me, his attempts to vilify the president’s critics sounded more like the tactics of an unscrupulous criminal defense lawyer than a U.S. attorney general.

When, in the same speech, Barr accused “the other side” of “the systematic shredding of norms and the undermining of the rule of law,” he exposed himself as a partisan actor, not an impartial law enforcement official. Even more troubling — and telling — was a later (and little-noticed) section of his remarks, in which Barr made the outlandish suggestion that Congress cannot entrust anyone but the president himself to execute the law.

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In Barr’s view, sharing executive power with anyone “beyond the control of the president” (emphasis mine), presumably including a semi-independent Cabinet member, “contravenes the Framers’ clear intent to vest that power in a single person.” This is a stunning declaration not merely of ideology but of loyalty: to the president and his interests. It is also revealing of Barr’s own intent: to serve not at a careful remove from politics, as his office demands, but as an instrument of politics — under the direct “control” of President Trump.

Not long after Barr made that speech, he issued what seemed to be a bizarre threat to anyone who expresses insufficient respect for law enforcement, suggesting that “if communities don’t give that support and respect, they might find themselves without the police protection they need.” No one who understands — let alone truly respects — the impartial administration of justice or the role of law enforcement could ever say such a thing. It is antithetical to the most basic tenets of equality and justice, and it undermines the need for understanding between law enforcement and certain communities and flies in the face of everything the Justice Department stands for.

It’s also particularly ironic in light of the attorney general’s comments this week, in which he attacked the FBI and the Justice Department’s Office of the Inspector General — two vital components of his own department. Having spent the majority of my career in public service, I found it extraordinary to watch the nation’s chief law enforcement official claim — without offering any evidence — that the FBI acted in “bad faith” when it opened an inquiry into then-candidate Donald Trump’s campaign. As a former line prosecutor, U.S. attorney and judge, I found it alarming to hear Barr comment on an ongoing investigation, led by John Durham, the U.S. attorney in Connecticut, into the origins of the Russia probe. And as someone who spent six years in the office Barr now occupies, it was infuriating to watch him publicly undermine an independent inspector general report — based on an exhaustive review of the FBI’s conduct — using partisan talking points bearing no resemblance to the facts his own department has uncovered.

When appropriate and justified, it is the attorney general’s duty to support Justice Department components, ensure their integrity and insulate them from political pressures. His or her ultimate loyalty is not to the president personally, nor even to the executive branch, but to the people — and the Constitution — of the United States.

Career public servants at every level of the Justice Department understand this — as do leaders such as FBI Director Christopher A. Wray and Inspector General Michael Horowitz. Their fidelity to the law and their conduct under pressure are a credit to them and the institutions they serve.

Others, like Durham, are being tested by this moment. I’ve been proud to know John for at least a decade, but I was troubled by his unusual statement disputing the inspector general’s findings. Good reputations are hard-won in the legal profession, but they are fragile; anyone in Durham’s shoes would do well to remember that, in dealing with this administration, many reputations have been irrevocably lost.

This is certainly true of Barr, who was until recently a widely respected lawyer. I and many other Justice veterans were hopeful that he would serve as a responsible steward of the department and a protector of the rule of law.

Virtually since the moment he took office, though, Barr’s words and actions have been fundamentally inconsistent with his duty to the Constitution. Which is why I now fear that his conduct — running political interference for an increasingly lawless president — will wreak lasting damage.

The American people deserve an attorney general who serves their interests, leads the Justice Department with integrity and can be entrusted to pursue the facts and the law, even — and especially — when they are politically inconvenient and inconsistent with the personal interests of the president who appointed him. William Barr has proved he is incapable of serving as such an attorney general. He is unfit to lead the Justice Department.

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

Predictably, there were were a few right wing apologias for Billy. That included a remarkable fictional piece by reliable rightest toady and stout defender of autocracy Hugh Hewitt, also in the Post.  https://www.washingtonpost.com/opinions/2019/12/11/barrs-focus-abuses-by-fbi-is-entirely-warranted/

Since there is neither legal nor intellectual defense for the vicious attack on our institutions by Trump & Barr, in a misguided effort to “present both sides” of an “argument” where the facts all point one way, the Post has been reduced to giving space to disingenuous right wing hacks like Hewitt.

One the flip side, keeping track of all of the cogent criticisms of Toady Billy’s attacks on America and his own Department would be a full time job. One of the best of this huge field was by a group of former GOP DOJ leadership “alums” who ripped into Barr’s total lack of integrity. https://www.law.com/nationallawjournal/2019/12/10/former-justice-dept-leaders-slam-barrs-commentary-on-inspector-generals-report/

Here’s an excerpt from that article:

Jonathan Rose, who served under the Reagan administration as the assistant attorney general in charge of the Justice Department’s Office of Legal Policy, said the inspector general’s report “rebuts in detail the AG’s charge that the FBI’s investigation of the 2016 Trump campaign was unjustified, overly intrusive, or systematically suppressed exculpatory evidence.”

“This is the first attorney general in the history of presidential impeachment proceedings to enlist as a partisan warrior on behalf of a President. It is a sad day for those of us who revere the historic commitment of the FBI and the Department of Justice to even-handed law enforcement based on truth and verifiable facts,” said Rose, who had previously served under the Nixon administration as the deputy associate attorney general.

Donald Ayer, who served as deputy attorney general under the George H.W. Bush administration, said Barr’s reaction to the inspector general’s report was reminiscent of his handling of Special Counsel Robert Mueller’s report on the Russia investigation. Ahead of the Mueller report’s release, Barr came under criticism for mischaracterizing the report’s findings.

Ayer, a former Jones Day partner who now teaches at Georgetown Law, said the inspector general’s exhaustive investigation showed that the Russia investigation was “properly initiated based on a sound factual basis, and that the allegations of ‘witch hunt’ and bias on the part of those overseeing it are without foundation.”

“Rather than focus on those critical findings which should reassure all Americans, Barr dwells entirely on the report’s further findings that some agents (who he describes as a ‘small group of now-former’ FBI employees) were guilty of misconduct in the manner in which they put forward evidence in some submissions to the [Foreign Intelligence Surveillance Act] court,” Ayer said, referring to the secretive court tasked with weighing warrant applications filed under the surveillance law.

I personally knew and worked with both Jon Rose and Don Ayer. We were all partners at Jones Day’s D.C. Office in the 1990’s. 

We also all served in Senior Executive positions in the DOJ during the Reagan Administration. I knew Don better than Jon. I believe he adjudicated a grievance case that I was handling for the “Legacy INS” during my tenure as Deputy General Counsel. My recollection is that case was one of those stemming from the massive “Attorney Reorganization” that Mike Inman and I implemented to unite all INS Attorneys under the General Counsel’s supervision as part of the “Litigation and Legal Advice Offices,” the actual forerunners of today’s Offices of Chief Counsel at DHS!

Another of those cases actually reached a U.S. District Court in Pittsburgh where I was the Government’s “star witness.”  I was found “credible” by the District Judge in his ruling in favor of INS Management. 

However, admittedly, about 20 minutes into my answer to the Assistant U.S. Attorney’s first question, the Judge interrupted and said something like: “Counsel, could you instruct your witness to stop the history lesson and just answer the question asked?” Ah, the hazards of witnesses who “know too much.”

Of course, I also served at the DOJ under Eric Holder twice: once when he was the Deputy Attorney General during the Clinton Administration and again during his tenure as Attorney General under Obama.

PWS

12-12-19

NIKKI HALEY:  How Ambitious Daughter Of Immigrants Became A Shill For White Nationalist, Xenophobic, Misogynistic Regime & Its Corrupt Leader — “All she had to do was to ignore her conscience, betray her colleagues and injure her country. A small price to pay for such a brilliant political future.”

Michael Gerson
Michael Gerson
Columnist
Washington Post

 

https://www.washingtonpost.com/opinions/if-officials-believe-trump-is-a-danger-to-the-country-they-have-a-duty-to-say-so/2019/11/11/0541dc64-04bf-11ea-ac12-3325d49eacaa_story.html

Michael Gerson writes in the WashPost:

Nikki Haley used to be known as the other member of President Trump’s Cabinet who left with an intact reputation (in addition to former defense secretary Jim Mattis). In an administration more influenced by Recep Tayyip Erdogan than Ronald Reagan, the former U.S. ambassador to the United Nations often provided a more traditional rhetorical take on American foreign policy. Haley seemed genuinely to care about human rights and democracy, and to somehow get away with displaying such caring in public. Her confidence in national principles marked her as such a freakish exception that some speculated she might be the rogue, anti-Trump Trump official who wrote an anonymous op-ed in the New York Times.

But Trump’s corruption still pulls at a distance. Clearly convinced that Trumpism is here to stay, Haley has publicly turned against other officials in the administration who saw the president as a dangerous fool. She recounts an hour-long meeting with then-Chief of Staff John F. Kelly and then-Secretary of State Rex Tillerson, who “confided in me that when they resisted the president, they weren’t being insubordinate, they were trying to save the country.” The conspirators (in Haley’s telling) considered it a life-and-death matter. “This was how high the stakes were, he and Kelly told me. We are doing the best we can do to save the country, they said. We need you to work with us and help us do it.”

Haley, by her own account, refused to help. “Instead of saying that to me, they should’ve been saying that to the president, not asking me to join them on their sidebar plan,” she now explains. “It should’ve been, ‘Go tell the president what your differences are, and quit if you don’t like what he’s doing.’ But to undermine a president is really a very dangerous thing.”

Here Haley is confusing two categories. If a Cabinet member has a policy objection of sufficient seriousness, he or she should take that concern to the president. If the president then chooses against their position — and if implementing the decision would amount to a violation of conscience — an official should resign. Staying in office to undermine, say, a law or war you disapprove of would be a disturbing arrogation of presidential authority.

But there is an equally important moral priority to consider: If you are a national security official working for a malignant, infantile, impulsive, authoritarian wannabe, you need to stay in your job as long as you can to mitigate whatever damage you can — before the mad king tires of your sanity and fires you.

This paradox is one tragic outcome of Trumpism. It is generally a bad and dangerous idea for appointed officials to put their judgment above an elected official’s. And yet it would have been irresponsible for Mattis, Kelly, Tillerson and others not to follow their own judgments in cases where an incompetent, delusional or corrupt president was threatening the national interest.

Consider the case of former White House counsel Donald McGahn. According to the Mueller report, McGahn complained to then-Chief of Staff Reince Priebus that Trump was trying to get him to “do crazy s–t.” McGahn (thankfully) told investigators he ignored presidential orders he took to be illegal.

Or consider a negative illustration. When it came to pressuring Ukraine to investigate Joe Biden, the only morally mature adults in the room (and on the phone) were quite junior in rank. They expressed their concerns upward. But those above them — Secretary of State Mike Pompeo and acting chief of staff Mick Mulvaney — had learned the lesson about officials fired for an excess of conscience. They apparently looked the other way as a friendly country was squeezed for political reasons.

On the whole, I’m glad that responsible officials such as Kelly and Mattis stayed as long as they did to prevent damage to the country. But I also think they have a moral obligation to come out before the 2020 election and say what they know about Trump’s unfitness. If Biden is the nominee, they might even get together and endorse him. But, in any case, if they believe Trump is a danger to the national interest, they eventually have a duty to say something. Saving the country requires no less.

As for Haley, she has now signaled to Trump Republicans that she was not a part of the “deep state,” thus clearing away a barrier to ambition. All she had to do was to ignore her conscience, betray her colleagues and injure her country. A small price to pay for such a brilliant political future.

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

Haley’s ridiculously disingenuous performance on Today when grilled by Savannah Guthrie about the facts was worthy of her new role model, “Don the Con.”

Although you wouldn’t know it from the sycophantic Haley, political appointees, including Cabinet Members, actually take an oath to uphold the Constitution of the U.S., not the President. They are also first and foremost public servants paid by the People, not personal retainers of Trump as Haley, Barr, Pompeo, and others have functioned. I’d actually put Kelly and Tillerson in that category too; they certainly made a mess out of things at DHS and State, respectively, by putting the President’s xenophobic political policies before the law and the public interest. 

And, if they in fact thought the President was endangering the U.S., they have kept it a secret after leaving. Compare these tawdry performances with those of the career public servants who have spoken out about Trump’s misdeeds even at the likely cost of their careers. And, unlike the stream of political appointees who have left in various stages of disgrace, they probably don’t have lucrative private sector jobs and/or fat book contracts awaiting them.

Expect Haley to “repackage herself” as a “powerful woman” and eventually as a Presidential candidate. She should be met with the same contempt as Kirstjen Nielsen and the few other GOP women who penetrated the Trump GOP’s “White Men Only Club” only to choose pandering to its corrupt leader over the welfare of our nation and advancement of humanity.

PWS

11-12-19

DON KERWIN @ CMS: The Darkness Of Trump’s White Nationalist Xenophobia Descends Over Ronald Reagan’s “City On The Hill!”

Donald M. Kerwin
Donald M. Kerwin
Executive Director
Center for Migration Studies

https://cmsny.org/publications/assault-on-refugee-protection-kerwin-9-30-19/

The Darkening City on the Hill: The Trump Administration Heightens Its Assault on Refugee Protection

NEW ESSAY | CMS Executive Director Donald Kerwin

In 2018, the global population of forcibly displaced persons reached a record 70.8 million, including 25.9 million refugees and 3.5 million asylum-seekers. The United States led the response to past refugee crises of a similar magnitude, as, for example, in the aftermath of World War II and the Vietnam conflict. Yet although the United States remains the largest donor to the United Nations High Commissioner for Refugees,[1] the Trump administration has sought to steer the country in a different direction. The United States now seems poised to become the global leader in refugee responsibility shunning and of exclusionary nationalist states, whose leaders the president regularly praises, fetes and seems to emulate.  The administration’s recent actions have been particularly damaging to the nation’s identity, to the millions of forcibly displaced in search of safety and a permanent home, and to the ethic of responsibility sharing set forth in the Global Compact on Refugees, which was adopted by the UN General Assembly last December.

On September 26, 2019, the White House released two long-anticipated decrees. Its Executive Order on Enhancing State and Local Involvement in Refugee Resettlement requires that both states and localities consent to the resettlement of refugees in a particular locality.  If either refuses to consent, the Order provides that “refugees should not be resettled within that State or locality,” except in very narrow circumstances that include prior notification of the president. States could bar refugee resettlement, for example, in cities that have been renewed by refugees and that badly want and need them. The Order purports to ensure that “refugees are resettled in communities that are eager and equipped to support their successful integration into American society and the labor force.”  Yet significant coordination already occurs, and it can be strengthened without creating a state and local veto that would hamstring the federal government’s administration of this program. For many years, media sources and politicians, including the president, have railed against the refugee program’s putative insecurity and the burdens it imposes on communities. If implemented, the Order would further politicize refugee protection and diminish resettlement opportunities. Evisceration of the refugee program (not integration) seems to be the Order’s purpose, and would certainly be its result.

In addition, the Order seems to require states and localities to take an affirmative step – as part of a yet-determined process – to consent to refugee placement.  In other words, they must “opt in” to the program. If they do not, then the federal government would deem the jurisdiction unacceptable for resettlement. In these circumstances, the enhanced federal consultation with states and localities and their “greater involvement in the process” of refugee placement would consist of nothing at all.

Also on September 26, the administration released the President’s annual Report to Congress on Proposed Refugee Admissions for Fiscal Year (FY) 2020. This document announced the administration’s decision to limit refugee admissions to 18,000 in FY 2020, the lowest number in the 40-year history of the US Refugee Admissions Program (USRAP), lower even that the two years following the 9/11 attacks.[2]  The Refugee Council USA explained the implications of this decision as follows:

This decision is unprecedented, cruel, and contrary to American humanitarian values and strategic interests. Historically, the United States has been the global leader on refugee resettlement, setting an average refugee admissions goal of 95,000 people annually. To slam the door on persecuted people while the number of refugees displaced globally continues to rise to historic levels upends decades of bipartisan tradition. It also abandons thousands of refugees in need of resettlement, leaving them in precarious, often life-threatening situations.

The Refugee Council USA also pointed out that the forthcoming Presidential Determination on Refugee Admissions for FY 2020 – which constitutes formal notice of the refugee ceiling – will further dismantle “the community-based infrastructure in the US, which has long welcomed the most in-need refugees and provided them the opportunity to rebuild their lives in safety.”  This infrastructure – which has been decades in the making – will take years to rebuild.

The administration’s rationale for historically low admissions are specious. The Report to Congress makes the obvious point that it would be more impactful to “resolve” refugee-producing conditions, than to resettle large numbers of refugees. Yet there is no reason why the United States cannot administer a robust resettlement program and address the causes of displacement through diplomacy. These two strategies complement each other. Resettlement is typically available for a relatively small number of particularly vulnerable refugees. UNHCR reports that 68 percent of its refugee submissions for 2018 “were for survivors of violence and torture, those with legal and physical protection needs, and particularly vulnerable women and girls. Just over half of all resettlement submissions concerned children.”

Moreover, the Trump administration has failed to wield US “[d]iplomatic tools – for example, foreign assistance, economic and political engagement, and alliance-building” to resolve refugee-producing conditions or to create the conditions that would allow refugees to return home safely and voluntarily. To the contrary, it has been consistently dismissive of these tools and has failed to create any new legal avenues for desperate persons to migrate. Instead, it has cut foreign aid to states that have generated the largest numbers of asylum-seekers in recent years, and it terminated the Obama-era Central American Minors program, which allowed qualifying children from Central America’s Northern Triangle states to enter the United States legally as refugees or parolees in order to join their legally present parents.

The Report to Congress also lauds the US commitment to asylum and to other protection programs, which it argues make the United States “the most compassionate and generous nation in history.”  Yet the administration has systematically sought to weaken the US asylum system and its “temporary and permanent protection” programs for “victims of trafficking, humanitarian parole, temporary protected status, and special immigrant juvenile status.”

In particular, it has sought to rescind Temporary Protected Status for the overwhelming majority of its beneficiaries. It has used the cruelty of family separation and detention to deter asylum-seekers from coming. It has reduced due process protections by expanding the expedited removal process. It has also corrupted the expedited removal process by allowing Border Patrol agents – who lack sufficient training in refugee protection and who tend to be deeply suspicious of asylum claims – to assume the role of Asylum Officers and to determine whether asylum-seekers possess a “credible fear” and thus can pursue their claims. It has adopted numerous strategies to prevent and deter asylum-seekers from reaching US territory such as criminally prosecuting and detaining them, and limiting access to the system, including through interception in transit, crude turn-backs at the border, and metering (scheduling) requirements in Mexico for insufficient interview slots in the United States.

Other administrative initiatives will force asylum-seekers to abandon their claims. Under the Return to Mexico program (misnamed the “Migrant Protection Protocols”), for example, US asylum seekers need to wait in dangerous Mexican border communities, while their cases slowly wind through the US immigration system. Early reports indicate that the United States has returned some asylum-seekers to Southern Mexico, making it impossible for them to pursue their claims. The Trump-era Attorneys General have also tried to reject, by fiat, certain common asylum claims (such as those based on gang violence) and have sought to diminish the independence and rigor of the immigration court system. The administration has also sought to weaken protections based on child welfare principles – which it sees as enforcement “loopholes” – for unaccompanied refugee and migrant minors, and for other vulnerable groups.

As it did in announcing its (then) record low admission ceiling for FY 2019, the Report to Congress for FY 2020 argues that the “current burdens on the U.S. immigration system must be alleviated before it is again possible to resettle large number of refugees.”  It is true that asylum applications to the United States have spiked in recent years. Yet as Susan Martin has argued, the United States has historically been able to meet significant demands on its asylum system and to resettle substantial numbers of refugees. In the early 1980s, for example, it received and settled 125,000 Cubans and many thousands of Haitians who had reached Florida’s shores.  It also resettled more than 207,000 refugees in 1980 and nearly 160,000 in 1981. By FY 1994, it faced a backlog of more than 425,000 pending asylum applications, but it still resettled 113,000 refugees in 1994 and nearly 100,000 in 1995. Martin concludes that the Trump administration either is “far less competent than its predecessors in managing complex movements of people so it must make a tradeoff between resettlement and asylum” or, more likely, “it is using asylum as a thinly veiled excuse to reduce overall immigration admissions.”

Finally, the Report to Congress claims that the president “is taking new steps to make sure that the refugees that the United States welcomes are set up to succeed.” In support of this claim, it references the Executive Order on Enhancing State and Local Involvement in Refugee Resettlement, which (as discussed) effectively bars resettlement in states and localities that object or do not affirmatively consent to it.  This measure, combined with the administration’s pitifully low admissions ceiling, will deny the possibility of admission and, thus, integration to countless refugees. The Order allows for the resettlement of “spouses and children” following to join refugees.  However, the admissions cap will keep many resettled refugees indefinitely separated from their families and, in this way, will impede their integration.

As it stands, refugees have been remarkably successful in the United States without the administration’s “reforms.”  A 2018 study by the Center for Migration Studies (CMS) compared 1.1 million resettled refugees who arrived between 1987 and 2016, with non-refugees, the foreign born, and the total US population.  It found that the labor force participation (68 percent) and employment rates (64 percent) of the 1.1 million refugees exceeded those of the total US population (63 and 60 percent), which consists mostly of US citizens.  Refugees with the longest tenure (who arrived between 1987 and 1996) had integrated more fully than recent arrivals (from 2007-2016), as measured by: households with mortgages (41 to 19 percent); English language proficiency (75 to 55 percent); naturalization rates (89 to 24 percent); college education (66 to 32 percent); labor force participation (68 to 61 percent); employment (66 to 55 percent); and, self-employment (14 to 4 percent). Finally, the study found that refugees who arrived between 1987 and 1996 exceeded the total US population in median personal income ($28,000 to $23,000), homeownership (41 to 37 percent) and many other metrics.

To cap off the worst month in the 40-year history of the US refugee protection system, the US Supreme granted a stay on September 11, 2019 that ensured that the United States would, at least temporarily, reject most asylum claims from migrants who have passed through a third country (not their own) on their way to the US-Mexico border. It stayed a lower court order that enjoined the implementation of an interim final rule that will allow claims from such asylum-seekers to proceed only if they can show that they first sought and failed to receive asylum or Torture Convention protection in a third country.[3]

In the best of circumstances, the US asylum process is arduous and uncertain, and many persons who have fled violence and other dangerous conditions ultimately do not prevail in their claims. However, the rule would make it far more difficult even to access this system.  It would bar most asylum claims to the United States, including almost all from Central America and other nations that have been the source of most US asylum applications in recent years. Although described as a “safe third country” measure, the rule evinces no concern for the safety of asylum-seekers, for their aspirations, or for the ability of refugee-producing states such as Guatemala or El Salvador to accommodate additional asylum requests. It also violates international law. The stay means that the rule will now go into effect, while the underlying legal challenges to it run their course. If upheld, the rule would eviscerate the US asylum system.  In fact, this seems to be its purpose.

The administration’s policies raise the question: Why does the United States offer protection to refugees and asylum-seekers at all?  In passing the Refugee Act of 1980, which established USRAP and harmonized US asylum standards with international law, Congress recognized “the historic policy of the United States to respond to the urgent needs of persons subject to persecution in their homelands,” and it encouraged “all nations to provide assistance and resettlement opportunities to refugees to the fullest extent possible.”  For decades, there has been a bipartisan consensus that saving lives – as the US refugee program undeniably does – reflects and projects US ideals to the world. Moreover, refugees do not threaten or burden the nation: They renew it by exemplifying core US values, such as courage, endurance, and a love of freedom.  Most refugees passionately identify with the United States, having found in it the security, opportunity and freedom denied them elsewhere. Robust refugee protection policies, the consensus held, serves the nation’s interests in global stability, diminished irregular migration, and increased cooperation on US diplomatic, military and security priorities.  The program has also saved countless persons who risked their lives to work for and on behalf of the US government.

In his July 30, 1981 statement on US immigration and refugee policy, President Ronald Reagan committed to continuing “America’s tradition as a land that welcomes peoples from other countries” and that shares “the responsibility of welcoming and resettling those who flee oppression.”  He also acknowledged the importance of these policies to the nation’s interests. In his January 11, 1989 farewell address to the nation, Reagan spoke of the United States as a nation that had always stood as a beacon of freedom to the world’s refugees, but that this identity needed to be “rediscovered.”  It needs to be rediscovered now as well, and before the Trump administration succeeds in fully dismantling one of the nation’s defining and proudest programs.

[1] The lion’s share of the UNHCR’s budget – more than three-quarters – goes to its refugee program.

[2] As is its wont, the administration skirted the law in setting the refugee ceiling prior to its statutorily mandated consultation with Congress on admissions. It insists that it still plans to consult with Congress, but to what substantive end is not clear.

[3] The administration misused the previously rare procedure of issuing an “interim final rule” to allow the asylum rule to go into effect prior to formal notice and comment rulemaking, as required by the Administrative Procedure Act.

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Thanks, Don, for shedding light on what will go down as one of the darkest chapters in modern U.S. history.  

Also, as Don so cogently points out, support for refugee admissions used to be a bipartisan issue. Now, the ugliness and counter-productivity of Trump’s racist xenophobia has overtaken the GOP and made it an anathema to America’s future. 

What would RR think? His optimism and braver view of America’s role in the world stands in sharp contrast to the darkness of Trump’s White Nationalist cowardice, ignorance, and weakness.

PWS

10-01-19

GEORGE WILL @ WASHPOST: AMERICA’S “CLOWN PRINCE” 🤡

https://www.washingtonpost.com/opinions/what-a-misery-it-must-be-to-be-donald-trump/2019/01/18/d0e05eea-1a82-11e9-8813-cb9dec761e73_story.html

George Will writes:

Half or a quarter of the way through this interesting experiment with an incessantly splenetic presidency, much of the nation has become accustomed to daily mortifications. Or has lost its capacity for embarrassment, which is even worse.

If the country’s condition is calibrated simply by economic data — if, that is, the United States is nothing but an economy — then the state of the union is good. Except that after two years of unified government under the party that formerly claimed to care about fiscal facts and rectitude, the nation faces a $1 trillion deficit during brisk growth and full employment. Unless the president has forever banished business cycles — if he has, his modesty would not have prevented him from mentioning it — the next recession will begin with gargantuan deficits, which will be instructive.

The president has kept his promise not to address the unsustainable trajectory of the entitlement state (about the coming unpleasant reckoning, he said: “Yeah, but I won’t be here”), and his party’s congressional caucuses have elevated subservience to him into a political philosophy. The Republican-controlled Senate — the world’s most overrated deliberative body — will not deliberate about, much less pass, legislation the president does not favor. The evident theory is that it would be lèse-majesté for the Senate to express independent judgments.

And that senatorial dignity is too brittle to survive the disapproval of a president not famous for familiarity with actual policies. Congressional Republicans have their ears to the ground — never mind Winston Churchill’s observation that it is difficult to look up to anyone in that position.

The president’s most consequential exercise of power has been the abandonment of the Trans-Pacific Partnership, opening the way for China to fill the void of U.S. involvement. His protectionism — government telling Americans what they can consume, in what quantities and at what prices — completes his extinguishing of the limited-government pretenses of the GOP, which needs an entirely new vocabulary. Pending that, the party is resorting to crybaby conservatism: We are being victimized by “elites,” markets, Wall Street, foreigners, etc.

After 30 years of U.S. diplomatic futility regarding North Korea’s nuclear weapons program, the artist of the deal spent a few hours in Singapore with Kim Jong Un, then tweeted: “There is no longer a nuclear threat from North Korea.” What price will the president pay — easing sanctions? ending joint military exercises with South Korea? — in attempts to make his tweet seem less dotty?

Opinion | Trump owns the Republican Party, and there’s no going back

President Trump has irreversibly changed the Republican Party. The upheaval might seem unusual, but political transformations crop up throughout U.S. history.

By his comportment, the president benefits his media detractors with serial vindications of their disparagements. They, however, have sunk to his level of insufferable self-satisfaction by preening about their superiority to someone they consider morally horrifying and intellectually cretinous. For most Americans, President Trump’s expostulations are audible wallpaper, always there but not really noticed. Still, the ubiquity of his outpourings in the media’s outpourings gives American life its current claustrophobic feel. This results from many journalists considering him an excuse for a four-year sabbatical from thinking about anything other than the shiny thing that mesmerizes them by dangling himself in front of them.

Dislike of him should be tempered by this consideration: He is an almost inexpressibly sad specimen. It must be misery to awaken to another day of being Donald Trump. He seems to have as many friends as his pluperfect self-centeredness allows, and as he has earned in an entirely transactional life. His historical ignorance deprives him of the satisfaction of working in a house where much magnificent history has been made. His childlike ignorance — preserved by a lifetime of single-minded self-promotion — concerning governance and economics guarantees that whenever he must interact with experienced and accomplished people, he is as bewildered as a kindergartener at a seminar on string theory.

Which is why this fountain of self-refuting boasts (“I have a very good brain”) lies so much. He does so less to deceive anyone than to reassure himself. And as balm for his base, which remains oblivious to his likely contempt for them as sheep who can be effortlessly gulled by preposterous fictions. The tungsten strength of his supporters’ loyalty is as impressive as his indifference to expanding their numbers.

Either the electorate, bored with a menu of faintly variant servings of boorishness, or the 22nd Amendment will end this, our shabbiest but not our first shabby presidency. As Mark Twain and fellow novelist William Dean Howells stepped outside together one morning, a downpour began and Howells asked, “Do you think it will stop?” Twain replied, “It always has.”

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

Stripped of its detracting “jabs at the opposition” and the “obligatory swat” at the essential safety net that actually keeps America functioning, even in tough political times like these, Will largely has Trump “pegged.” As others and I have said, the Trump Administration is “Kakistocracy in action.”

But, what took you so long, George, to “get religion?” For years, the GOP has been pushing a “soulless,” intentionally divisive, program of “beggar thy neighbor” and promoting the “worst in America.”

It’s not like equally sad and unfit GOP politicos such as Steve King, Tom Trancedo, Roy Moore, Jeff Sessions, Steve Bannon, Kris Kobach, Corey Stewart, and Stephen Miller just “hatched” during the Trump regime. Trump is the logical outcome of a “valueless conservatism” that has embraced some of the vilest individuals and ideas in modern American political history in a (somewhat successful) minority attempt to seize power from the majority of Americans and to govern against the overall public interest.

No surprise that a party bankrupt of both constructive conservative ideas and morality should end up installing a sad an unqualified character like Trump as its “Supreme Leader.” Trumpism is deeply rooted in modern American conservatism, not the “compassionate” kind of Bush I (which unfortunately was “DOA” within the party) but the vile brand that glosses over its racial and class overtones and its erroneous conception that the rich have every right to loot America and leave the crumbs to everyone else.

Yes, I think that America needs and deserves a credible “conservative movement” to engage in an honest governing dialogue with the Democrats. What might that conservative movement look like:

  • Constructive concern about runaway deficits and borrowing from the PRC;
  • Recognition of the threat that Russia and the PRC are to America’s future;
  • Commitment to secular governing principles (perhaps embodying, but not improperly favoring, some religious values) and support of  the rights of all covered by our Constitution regardless of status;
  • Encouraging and enabling all qualified Americans to vote;
  • Congress retaking the authority to declare war and pass budgets and restricting Executive overreach (by both parties) in these areas;
  • Prudence in entering into future “foreign military adventures;”
  • A robust, effective, and efficient national defense that is held accountable for expenditures, strategies, and results;
  • Maintenance, funding, improvements, and accountability mechanisms for adequate safety net programs including social security, Medicare, Medicaid, and Obamacare;
  • An end to unnecessary tax breaks for the rich that strip the U.S. Treasury of necessary revenues without advancing any national agenda;
  • An end to “Government shutdown” forever and a pledge to respect the contributions of “America’s Crown Jewel:” our nonpartisan, professional, honest Civil Service;
  • Return of some authority to states, not as a device for “bogus” budget savings and to screw the poor and minorities, but to recognize and take advantage of areas where states are committed to actually funding and carrying out programs that produce better (not just cheaper) results than the Feds can;
  • Much more robust legal immigration and refugee acceptance programs;
  • A sharp reduction in wasteful funding for Federal detention of all kinds (including immigration detention) and the mandated use of alternatives that will work and benefit society;
  • Encouraging educational and economic development initiatives by the private sector in economically depressed areas (such as the Midwest and Appalachia) ;
  • Encouraging a robust trade agenda that provides mutual benefits to both the U.S. and our trading partners.

That would involve not only ditching Trump, but also abandoning the racially charged, fiscally wasteful, White Nationalist agendas that drive both him and his base and committing to governing in the public interest — in and of itself a key conservative principle.

We need an end to the “Clown Kakistocracy.”  And, that will require some honest conservative support by a “new conservative” movement. I doubt that it can be headed by Trump sycophant, xenophobic enabler, and far right religious bigot Veep Mike Pence. Perhaps, however, folks like George have a constructive role to play in fashioning, inspiring, and leading it!

PWS

01-21-19

NEW BLOCKBUSTER VIDEO: THE MARSHALL PROJECT RELEASES “WE ARE WITNESSES, BECOMING AN AMERICAN” – Includes Video Of Me On “Being An Immigration Judge!” – View It Here!

we are witnesses

BECOMING AN AMERICAN

Despite controversies over border walls, separated families and the Muslim travel ban, immigrants are still striving for American citizenship. WE ARE WITNESSES: BECOMING AN AMERICAN tells their stories and the stories of those trying to help and hinder them.

Presented with

Judge Paul Schmidt

Former immigration judge
Alina Diaz

Domestic abuse survivor from Colombia
Zaid Nagi

Yemeni-American immigrant and organizer
Villacis-Guerrero Family

A family separated by deportation
Jose Molina

Legal permanent resident from Panama
Nisrin Elamin & Tahanie Aboushi

An immigrant and lawyer on the travel ban
David Ward

Former Border Patrol/ICE agent
Youngmin Lo

Undocumented immigrant from South Korea
Lee Wang

An immigration lawyer explains how we got here
Teofilo Chavez

Undocumented minor from Honduras
John Sandweg

Former acting director of ICE
Alena Sandimirova

LGBT asylum grantee from Russia
******************************************
I’m proud to have been a part of this project. Many thanks to Isabel Castro, Ruth Baldwin, and all of the other great folks over at The Marshall Project for making this happen!
PWS
01-16-19

GEORGE HERBERT WALKER BUSH 1924 – 2018, 41ST PRESIDENT OF THE UNITED STATES: A Throwback To A Time When Our President Was A Decent & Honorable Human Being, Regardless Of Whether One Agreed With His Policies!

https://abcn.ws/2FOfIMV

Cokie Roberts for ABC News:

Decency — that’s the first word that comes to mind when thinking of George H.W. Bush. He was a decent, self-effacing, funny, nice man. And he brought those traits to the presidency.

In a long interview I conducted with him as part of a series on former presidents reflecting on the Constitution, he said something like “I don’t want to namedrop” at several points, when telling a story about visiting his own son in the White House. When recounting an anecdote about the fall of the Soviet Union, which he helped engineer, he would say, “I don’t want to brag.”

He took very much to heart his mother’s dictum to “be a good sport,” and not blame others for your own shortcomings. He said he thanked God for that motherly advice when he suffered defeat in 1992 because “it hurts to lose, it feels wonderful to win.”

.&lid=view[Slideshow]” target=”_blank”>

PHOTO:
SLIDESHOW: Photos:George H. W. Bush through the years

It was tough for Bush to score many wins in his presidency as he faced a Congress run by a large and increasingly partisan Democratic majority. He did squeak out votes of approval to use the U.S. military to drive Saddam Hussein out of Kuwait and felt strongly that it would have been wrong to pursue the invader back to Baghdad.

Taking issue with the “Monday morning quarterbacks” who questioned that decision, he stated firmly, “I don’t believe in mission creep and I don’t believe in going back on your word to Congress and I don’t believe in going back on your word to the United Nations.”

PHOTO: George H.W. Bush in 1985.Greg Mathieson/REX/Shutterstock

Decency.

Bush disagreed often with members of Congress, but he never demonized them. Many were his friends. One of his best buddies was Bob Strauss, a fellow Texan, who served as Chairman of the Democratic National Committee, while Bush held the same role at the Republican National Committee.

It was during the Watergate scandal and Bush thought he deserved combat pay, “it was the worst job in the world.”

Strauss called him and told him that his position was like “making love to a gorilla,” the former president told me in the cleaned-up version.

“You can’t stop until the gorilla wants to.” The party chairman soon found himself faced with the dicey task of advising the Republican president to resign. It was the decent thing to do.

PHOTO: Former President George H. W. Bush poses with his sons, former President George W. Bush and Jeb Bush after completing a parachute jump in Kennebunkport, June 12, 2009 for his 85th birthday.Gregory Rec/Portland Press Herald via Getty Images, file
more +

When the Soviet Union disintegrated, Bush appointed Strauss as the first ambassador to the new Russia though, as the Democrat told the president, he had never voted for him for anything.

In those difficult years in the White House Bush knew there was one person who always had his back — his wife Barbara. When I said to him that first ladies are often unsung heroes he laughed, “She’s sung. And you know what the boys call her? The Enforcer, even the president calls her that.”

Reveling in the fact that his wife was “100 percent behind anything I did,” Bush did admit that he was reamed out for loudly declaring that he hated broccoli, though his stance “liberated every 4 year old.”

The affection that the Bushes felt for each other in their 73 year marriage heartened the nation when Mrs. Bush died but it was not just her affection that her husband appreciated, it was also her wisdom. Presidential wives “play a very influential role…they can make an enormous difference,” according to the husband of one First Lady and the father-in-law of another.

PHOTO: Former President George H.W. Bush arrives for the coin toss prior to Super Bowl 51 between the Atlanta Falcons and the New England Patriots at NRG Stadium on Feb. 5, 2017 in Houston, Texas.Patrick Smith/Getty Images, FILE
more +

In his long career serving the country, President Bush came to know many of the people who chose his path. His view: “I believe public service is a noble calling and most members of Congress are honorable people.” He added, “I’ve found that most people serve for the right reasons.”

He certainly did, whether you agree or disagree with his policies, he served because he thought it was the right thing, the decent thing, for a dedicated American citizen to do.

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

Amen.

PWS

12-01-18

 

SELLOUT! — CHARLES M. BLOW @ NYT: “This is an incredible, unprecedented moment. America is being betrayed by its own president. America is under attack and its president absolutely refuses to defend it. Simply put, Trump is a traitor and may well be treasonous.”

https://www.nytimes.com/2018/07/15/opinion/trump-russia-investigation-putin.html

Trump, Treasonous Traitor

The president fails to protect the country from an ongoing attack.

Charles M. Blow

By Charles M. Blow

Opinion Columnist

  • Image
President Donald Trump meets with President Vladimir Putin of Russia at the G-20 Summit, in Hamburg, Germany, in July 2017. CreditEvan Vucci/Associated Press

Put aside whatever suspicions you may have about whether Donald Trump will be directly implicated in the Russia investigation.

Trump is right now, before our eyes and those of the world, committing an unbelievable and unforgivable crime against this country. It is his failure to defend.

The intelligence community long ago concluded that Russia attacked our election in 2016 with the express intention of damaging Hillary Clinton and assisting Trump.

And it was not only the spreading of inflammatory fake news over social media. As a May report from the Republican-run Senate Intelligence Committee pointed out:

“In 2016, cyber actors affiliated with the Russian Government conducted an unprecedented, coordinated cyber campaign against state election infrastructure. Russian actors scanned databases for vulnerabilities, attempted intrusions, and in a small number of cases successfully penetrated a voter registration database. This activity was part of a larger campaign to prepare to undermine confidence in the voting process.”

And this is not simply a thing that happened once. This is a thing that is still happening and will continue to happen. As Director of National Intelligence Dan Coats told the committee in February, “Persistent and disruptive cyberoperations will continue against the United States and our European allies using elections as opportunities to undermine democracy.” As he put it, “Frankly, the United States is under attack.”

The Robert Mueller investigation is looking into this, trying to figure out what exactly happened in 2016, who all was involved, which laws were broken and who will be charged and tried.

That investigation seems to be incredibly fruitful. According to Vox’s tally:

“Special counsel Robert Mueller’s team has either indicted or gotten guilty pleas from 32 people and three companies — that we know of. That group is composed of four former Trump advisers, 26 Russian nationals, three Russian companies, one California man, and one London-based lawyer. Five of these people (including three former Trump aides) have already pleaded guilty.”

Twelve of those indictments came last week with a disturbingly detailed account of what the Russians did. As The New York Times put it:

“From phishing attacks to gain access to Democratic operatives, to money laundering, to attempts to break into state elections boards, the indictment details a vigorous and complex effort by Russia’s top military intelligence service to sabotage the campaign of Mr. Trump’s Democratic rival, Hillary Clinton.”

Whether or not Trump himself or anyone in his orbit personally colluded or conspired with the Russians about their interference is something Mueller will no doubt disclose at some point, but there remains one incontrovertible truth: In 2016, Russia, a hostile foreign adversary, attacked the United States of America.

We know that they did it. We have proof. The F.B.I. is trying to hold people accountable for it.

And yet Trump, the president whom the Constitution establishes as the commander in chief, has repeatedly waffled on whether Russia conducted the attack and has refused to forcefully rebuke them for it, let alone punish them for it.

In March, the White House, under pressure from Congress, seemed to somewhat reluctantly impose some sanctions on Russia for its crimes. As CNN reported that month, Congress almost unanimously passed the Countering America’s Adversaries Through Sanctions Act last summer, “hoping to pressure Trump into punishing Russia for its election interference.” But as the network pointed out:

“Trump signed the bill reluctantly in August, claiming it impinged upon his executive powers and could dampen his attempts to improve ties with Moscow.”

Instead, Trump has repeatedly attacked the investigation as a witch hunt.

Just last week at a joint press conference with British Prime Minister Theresa May, Trump said:

“I think I would have a very good relationship with Putin if we spend time together. After watching the rigged witch-hunt yesterday, I think it really hurts our country and our relationship with Russia. I hope we can have a good relationship with Russia.”

Now Trump is set to pursue just such a relationship as he meets one-on-one with the Russian president, Vladimir Putin, on Monday in Finland. As Trump said earlier this month at a rally:

“Will he be prepared? Will he be prepared? And I might even end up having a good relationship, but they’re going, ‘Will President Trump be prepared? You know, President Putin is K.G.B. and this and that.’ You know what? Putin’s fine. He’s fine. We’re all fine. We’re people.”

Actually, none of this is fine. None of it! Trump should be directing all resources at his disposal to punish Russia for the attacks and prevent future ones. But he is not.

America’s commander wants to be chummy with the enemy who committed the crime. Trump is more concerned with protecting his presidency and validating his election than he is in protecting this country.

This is an incredible, unprecedented moment. America is being betrayed by its own president. America is under attack and its president absolutely refuses to defend it.

Simply put, Trump is a traitor and may well be treasonous.

Follow The New York Times Opinion section on Facebook and Twitter (@NYTopinion), and sign up for the Opinion Today newsletter.

Charles M. Blow has been an Op-Ed columnist since 2008. His column appears every Monday and Thursday. He joined The Times in 1994 and was previously the graphics director. He also wrote the book “Fire Shut Up in My Bones.” @CharlesMBlowFacebook

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

Yup! Bogusly claiming that desperate refugees are a threat to our national security, failing to protect us, and in fact enabling and furthering the actual existential threats to our security from Putin. That’s Trump and his “fellow traveler” supporters!

Remember all oft he nonsense about the “Kobach Commission” and their bogus search for almost nonexistent “undocumented voters?” Compare all the pontificating about the “integrity of our election process” with the Administration’s “shrug off” of hard evidence that a foreign power actually did attempt to interfere in our elections with the purpose of sowing discord and electing Trump?

Trump makes enemies out of our friends, creates non-existent enemies, and treats our country’s enemies as if they were our friends!

PWS

07-17-18

BESS LEVIN @ VANITY FAIR: Scott Pruitt Isn’t As Bad As You Might Think He Is – He’s 10X Worse! – GOP Takes an “Ethics Vacation” On Totally Corrupt EPA Sec!

https://www.vanityfair.com/news/2018/04/scott-pruitt-is-an-even-bigger-monster-than-you-thought

Bess writes:

Earlier this month, in the wake of revelations about his pricey travel habits and sweetheart deal on rent courtesy of a high-powered lobbyist, Scott Pruitt sat down with a series of reporters to clear the air and explain what was happening. The negative headlines and stories painting him as one of the most corrupt Cabinet members in the Trump administration were the result of one thing and one thing only, he said: a liberal plot against him. The real issue, Pruitt and his defenders insist, is not his preference for flying first class when coach would suffice, or the $50 a night he was shelling out for part of a D.C. townhouse in a neighborhood where the market rate was several multiples of that, but that the left simply doesn’t appreciate his hydrocarbon-happy dismantling of Barack Obama’sregulatory regime. Which makes fresh accusations against Pruitt, by one of Donald Trump’s favorite staffers, somewhat awkward!

In a six-page letter addressed to Pruitt but circulated much more widely than his pair of very fancy desks, two senators and three House representatives detailed allegations that were brought to their attention this week by Kevin Chmielewski, who served as the president’s body man during the campaign—Trump called him a “star” and a “gem”—before going on to work as the E.P.A.’s deputy chief of staff. (Chmielewski was placed on administrative leave without pay after objecting to Pruitt’s spending policies, which can be loosely summed up as: F–k you, I do what I want.) Among the most damning allegations:

  • Pruitt demanded the agency “enter into a $100,000 per month contract to rent a private jet, which would have cost more than the administrator’s annual travel budget of approximately $450,000,” a situation Chmielewski says he prevented from happening, probably to the detriment of his employment;
  • Pruitt made travel decisions based on his “desire to visit particular cities or countries rather than official business” and then told staff to “‘find me something to do [in those locations]’ to justify the use of taxpayer funds,” which might explain his trip to Morocco to promote U.S. natural gas exports, despite the fact that said exports are not part of the E.P.A.’s mission to “protect human health and the environment”;
  • Pruitt booked his flights through Delta, despite the airline not being the federal government’s contract carrier for the route, “because [he] want[ed] to accrue more frequent flier miles,” just in case his private jet didn’t pan out;
  • Pruitt directed his staff to “find reasons for [him] to travel to Oklahoma, so [he] could be in his home state for long weekends at taxpayers’ expense,” where he has seemingly been laying the groundwork for a run for office;
  • Pruitt stayed in hotels that far exceeded the U.S. government per diem, sometimes by 300 percent. Exhibit A: when he traveled to Australia and Italy and refused to stay in hotels recommended by the U.S. Embassy, choosing fancier but less secure ones, which you think would concern someone who wanted a bullet-proof desk;
  • Pruitt blew through the $5,000 limit allowed by law to redecorate his office with items that included a $43,000 soundproof phone booth, art leased from the Smithsonian Institution, and a desk (one of two) that alone cost $2,075;
  • Pruitt insisted, as previously reported, on “the use of lights and sirens to transport [him] more quickly through traffic to the airport, meetings, and social events on numerous occasions” and required his drivers to “speed through residential neighborhoods and red lights, far in excess of posted speed limits,” because Scott Pruitt’s got places to be, people!
  • Pruitt insisted the E.P.A.’s director of scheduling “act as his personal real estate representative, spending weeks improperly using federal government resources and time to contact rental and seller’s agents, and touring numerous properties in which [he] might wish to reside”;
  • Pruitt gave two favored aides giant salaries after they were denied by the White House (which Pruitt claimed in recent interviews to not know anything about);
  • And that Pruitt did not even pay the $50 per night he owed lobbyist J. Steven Hart, who complained during a phone call Chmielewski heard on speakerphone that Pruitt “had never paid any rent to him” and that Pruitt’s daughter “had damaged his hardwood floors by repeatedly rolling her luggage across the unit when she was staying there.”

According to the letter, Chmielewski’s employment with the E.P.A. ultimately ended thanks to his refusal to “retroactively approve [a favored staffer’s] first-class return flight from Morocco.” That Chmielewski, contends, caused Pruitt to remove him from his post. But naturally Pruitt did not do the dirty work himself, allegedly relying instead on the head of his security detail, Nino Perrotta, who Chmielewski says threatened him in such a way that he reported it to the local police, E.P.A. officials, and the White House Office of Presidential Personnel. (Speaking of Perrotta, i.e. the guy who deemed it too risky for Pruitt to sit in coach, we highly suggest checking out his self-published memoir, Dual Mission, which includes lines like, “I cannot tell how many women in those days held [my] gun during very passionate late-night moments. It was, in some ways, like a dangerous, forbidden sex toy to some, and I played right along. Although never loaded, I am certain to have broken a rule or two in terms of allowing unauthorized access to and use of a federal firearm.”)

While the lawmakers concluded that the information left them “certain that [Pruitt’s] leadership at E.P.A. has been fraught with numerous and repeated unethical and potentially illegal actions on a wide range of consequential matters,” it’s not clear that Trump will have him removed. On the one hand, the guy is on a roll when it comes to firing people. On the other, Pruitt has done such a stellar job dismantling Obama’s environmental legacy in his short time on the job, and good work is truly hard to find. While Trump has said nothing about the matter on social media, during a speech today ostensibly about tax reform, he told the crowd that that he plans to sign a “presidential memorandum directing the E.P.A to cut” even more regulations on manufacturers.

For their part, Pruitt’s handlers appear to be on the offensive: just hours after the letter detailing the E.P.A. head’s ethically challenged habits was released, word leaked that Chmielewski “never filed required financial disclosure forms during his year in the Trump administration.” That, combined with Pruitt’s stellar work turning the environment into an ashtray, should help him hang on little while longer.

On the other other hand . . .

Bloomberg reports that Andrew Wheeler, a former coal lobbyist, has been confirmed by the Senate to serve as the E.P.A.’s deputy administrator, which means he would lead the agency should Pruitt suddenly be told to clean out his desk. Many Democrats were opposed to the nomination, given Wheeler’s push to roll back regulations while working on behalf of his clients, among them one of America’s largest coal-mining companies. That may not be as impressive as Pruitt’s credentials for leading the agency—suing it 14 times—but it’s something.

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

Go on over to Vanity Fair at the link to get the full “Levin Report.”

In an Administration loaded with ethically challenged individuals, starting with the “Big Boss,” Pruitt stands out. Nevertheless, because he is deconstructing the EPA and dismantling critical environmental protections — “turning the environment into an ashtray” —  nobody in today’s GOP dares to agitate for his removal. Could you imagine how apoplectic the GOP would have been if Hillary Clinton or anyone else in the Obama Administration were fingered for doing this type of stuff?

PWS

04-15-18

 

TAL @ CNN: TRUMP’S “GONZO” IMMIGRATION ENFORCEMENT POLICIES LIKELY TO FAIL AND ACTUALLY AGGRAVATE FORCES DRIVING UNDOCUMENTED MIGRATION!

How Trump’s policies could worsen the migration issue he says he wants to solve

By Tal Kopan, CNN

President Donald Trump in recent days has decried “weak” US border laws that he says leave the US vulnerable to unfettered immigration — but some of his policies could have the effect of worsening a Central American migrant crisis.

Even as the Department of Homeland Security says the southern border “is more difficult to illegally cross today than ever before,” Trump has stepped up his hardline immigration rhetoric, calling on the US military to guard the US-Mexico border until his long-promised wall is complete. He’s hammered Mexico and other countries for policies that he says are disadvantageous to the US and that send unsavory individuals into the country.

But experts say the President has been pursuing other policies that could substantially harm Central America — and in doing so, he risks creating conditions that generate the exact kind of mass exodus north that he talks about wanting to solve.

Immigration is driven by what are called push and pull factors. The US has been seeking aggressive immigration powers to cut down on what they say are pull factors — the perception that immigrants can live illegally with impunity in the US. But those very policies could affect push factors — the conditions of poverty and violence that drive immigrants elsewhere out of desperation.

“The US sort of talks out of both sides of its mouth,” said Eric Olson, a Latin America expert at the nonpartisan Wilson Center.

“If you’re investing in the region to address the drivers of migration and at the same time pursuing a policy of large-scale deportation, or at least potentially large-scale deportation, and you’re creating more obstacles for people leaving the region for reasons like violence and so on, you’re really creating more instability, not less instability.”

(Much) more: http://www.cnn.com/2018/04/04/politics/trump-migration-central-america/index.html

 

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

As Tal says, there’s much, much more to her report on the total stupidity and counter-productivity (not to mention inhumanity) of the Trump Administration’s “Gonzo” enforcement policy.  Go on over to CNN at the link to get the full picture.

I’ve been saying for some time now that Trump is pursuing facially “hard-line” policies that are proven failures. Indeed, that forced migration from Central America is a phenomenon that spans four decades and six different Administrations with varying degrees of  “same old, same old” would suggest to rational leadership that a different approach is required.

Contrary to Trump’s oft-made bogus claim, his is not the first Administration to try a “close the border, detain and deter” policy.  Beginning with Reagan, every Administration has tried largely the same thing (although perhaps without some of the inflammatory and outright racist rhetoric favored by the Trumpsters) and all have failed. I know because I’ve been involved in some aspect of trying to implement those failed policies in at least four of those Administrations, two GOP and two Democrat.

That’s why the trend of migration from the Northern Triangle continues and will continue and fester until we get some enlightened leadership that 1) correctly applies our refugee and protection laws in the generous humanitarian spirit they were intended; and 2) recognizes and starts to deal effectively with the “push” issues in the sending countries.

Contrary to the false narrative spread by current Administration, most Central American refugees that I encountered personally during my career would have preferred to remain in their home countries, if political and country conditions had permitted it. Indeed, many were forced by targeted violence to give up promising careers, studies, or businesses to flee for their lives to the U.S. Here, they often had to perform “entry-level” work to support themselves unless and until they achieved some type of legal status (often TPS , asylum, withholding of removal, CAT relief, Special Immigrant Juvenile (“SIJ”) status, or a green card under NACARA).

Of course, many were denied protection despite having very credible, well-documented fears of harm because they didn’t fit the intentionally restrictive asylum criteria engineered by the BIA over several Administrations largely as a result of political pressure on the system to be “unwelcoming” to Central American migrants.  Some of those who returned were killed or disappeared;  others were tortured or attacked again and forced to flee second or third times, now bearing the scars or injuries to prove their cases — only as “prior deportees” they were no longer eligible for asylum but had to accept withholding of removal or CAT deferral.

Nobody in this Administration, and sadly relatively few in Congress and among the public, are willing to deal honestly with the phenomenon of Central American migration and the “push factors” that will never, ever be controlled by more restrictive laws, more violations of statutory, Constitutional, and international rights, inhumane and life-threatening detention , and racist rhetoric. Nor will it be stopped by any bogus “Wall.”

As I’ve said before, “We can diminish ourselves as a nation, but that won’t stop human migration!” If only someone would listen!

PWS

04-04-18

 

 

PRESIDENTS’ DAY: MOVE ON OVER JIMMIE BUCHANAN!– THERE’S A NEW “WORST PRESIDENT IN U.S. HISTORY” IN TOWN – You Might Have Thought That Sitting On Your Behind While The US Dissolved Into A Bloody Civil War Would Insure You A Lasting Last Place In History – BUT NO, IN ONLY A LITTLE OVER A YEAR, “PUTIN’S PUPPET” & “CON-MAN-IN-CHIEF” DONALD TRUMP HAS BEAT YOU OUT FOR THE “WORST PRESIDENT IN U.S. HISTORY” ACCORDING TO A BIPARTISAN PANEL OF EXPERTS!

https://www.nytimes.com/interactive/2018/02/19/opinion/how-does-trump-stack-up-against-the-best-and-worst-presidents.html

“Where does Donald Trump rank on the list of American presidents?

We surveyed presidential politics experts to sketch out a first draft of Trump’s place in presidential history.

Since our previous survey in 2014, some presidential legacies have soared (Barack Obama’s stock has climbed into the Top 10), while others have fallen (Andrew Jackson toppled to 15, out of the Top 10).

And President Trump? Let’s say that, according to the 170 members of the American Political Science Association’s Presidents and Executive Politics section who filled out our survey, he has at least three years to improve on an ignominious debut.

Presidential Greatness Rankings

James Buchanan, who was at the helm as the United States careened into civil war, was dislodged from his position as our nation’s worst president by our current president, Trump.

His Oval Office predecessor, Barack Obama, shot into the Top 10, up from 18th in the previous survey. Ulysses S. Grant also got a bump, up seven places from 2014, perhaps owing to a strong assist from Ron Chernow’s recent masterpiece.

The biggest declines were for Bill Clinton, arguably the result of contemporary scorn for his treatment of women, and Andrew Jackson, for evolving attitudes on his treatment of Native Americans.

Overall rankings.

Presidents since World War II in boldface.

Presidents whose rank changed since last survey

0 = FAILURE

50 = AVERAGE

100 = GREAT

2014 RANK

CHANGE

IN RANKING

UP OR

DOWN

TOP 10 IN 2018

1. Lincoln

95

2. Washington

93

3. F.D. Roosevelt

89

4. T. Roosevelt

81

5. Jefferson

80

6. Truman

75

7. Eisenhower

74

8. Obama

71

8. Clinton

–5

9. Reagan

69

9. Jackson

–6

10. L.B. Johnson

69

10. Wilson

–1

11. Wilson

67

11. Reagan

+2

12. Madison

64

12. L.B. Johnson

+2

13. Clinton

64

13. Madison

+1

14. J. Adams

63

14. Kennedy

–2

15. Jackson

62

15. J. Adams

+1

16. Kennedy

62

16. Monroe

–2

17. G.H.W. Bush

61

18. Monroe

61

18. Obama

+10

19. McKinley

55

19. Polk

–1

20. Polk

54

20. Taft

–2

21. Grant

53

21. McKinley

+2

22. Taft

52

22. J.Q. Adams

–1

23. J.Q. Adams

52

23. Cleveland

–1

24. Cleveland

51

24. Ford

–1

25. Ford

47

25. Van Buren

–2

26. Carter

45

27. Van Buren

44

27. Coolidge

–1

28. Coolidge

42

28. Grant

+7

29. Hayes

42

29. B. Harrison

–3

30. G.W. Bush

40

30. Hayes

+1

31. Arthur

40

31. Garfield

–3

32. B. Harrison

38

32. Arthur

+1

33. Nixon

37

33. Taylor

–2

34. Garfield

37

34. Nixon

+1

BOTTOM 10

35. Taylor

33

35. G.W. Bush

+5

36. Hoover

33

36. Tyler

–1

37. Tyler

31

37. Fillmore

–1

38. Fillmore

28

38. Hoover

+2

39. Harding

25

39. W.H. Harrison

–3

40. A. Johnson

25

40. Pierce

–1

41. Pierce

23

41. A. Johnson

+1

42. W.H. Harrison

19

42. Harding

+3

43. Buchanan

15

44. Trump

12

Methodology: Each expert was invited to rate each president on a 0-100 scale, with 0 = failure, 50 = average, and 100 = great. Scores were then averaged for each president, with presidents then ranked in order of highest average to lowest.

Greatness Rankings by Party

On partisan-votes lines, Democrats ranked Ronald Reagan nine places lower than Republicans, while Democrats place Obama 10 places higher.

Counting only Republican votes, William McKinley — best known for winning the Spanish-American war, for defeating William Jennings Bryan twice in contests for the White House and for being assassinated by the anarchist Leon Czolgosz — holds a spot in the Top 10.

Independents admire George H.W. Bush, ranking him higher than Obama.

Trump doesn’t get much of a lift from Republican-only vote: Even in their eyes, he’s a bottom-five president.

Democratic scholars

Independents/other

Republican scholars

Presidents since World War II in boldface.

These scholars skew somewhat to the right.

TOP 10

0

AVG.

100

0

AVG.

100

0

AVG.

100

1. Washington

94

1. Lincoln

96

1. Lincoln

94

2. Lincoln

94

2. F.D. Roosevelt

94

2. Washington

91

3. F.D. Roosevelt

83

3. Washington

93

3. F.D. Roosevelt

83

4. T. Roosevelt

77

4. T. Roosevelt

83

4. T. Roosevelt

79

5. Reagan

76

5. Jefferson

82

5. Jefferson

79

6. Jefferson

70

6. Obama

78

6. Eisenhower

77

7. Eisenhower

68

7. Truman

78

7. Reagan

75

8. Truman

67

8. L.B. Johnson

75

8. Truman

74

9. McKinley

64

9. Eisenhower

74

9. Madison

65

10. Jackson

64

10. Wilson

72

10. J. Adams

64

11. G.H.W. Bush

63

11. Madison

67

11. G.H.W. Bush

64

12. Wilson

61

12. Kennedy

67

12. Obama

63

13. Polk

60

13. Clinton

66

13. L.B. Johnson

63

14. Taft

60

14. Reagan

65

14. Clinton

62

15. Clinton

59

15. J. Adams

64

15. Wilson

62

16. Obama

57

16. Monroe

62

16. McKinley

61

17. J. Adams

57

17. Jackson

62

17. Jackson

61

18. Monroe

56

18. G.H.W. Bush

59

18. Monroe

60

19. L.B. Johnson

56

19. Grant

53

19. Kennedy

58

20. Cleveland

55

20. J.Q. Adams

53

20. Taft

56

21. Coolidge

52

21. Polk

52

21. Polk

56

22. Madison

52

22. McKinley

50

22. Grant

54

23. G.W. Bush

52

23. Cleveland

49

23. Cleveland

54

24. Kennedy

50

24. Carter

48

24. J.Q. Adams

52

25. Grant

49

25. Taft

48

25. Coolidge

50

26. Ford

49

26. Ford

46

26. Ford

49

27. J.Q. Adams

49

27. Van Buren

44

27. Van Buren

47

28. Hayes

44

28. Hayes

39

28. Hayes

45

29. Nixon

42

29. Arthur

39

29. Arthur

44

30. Hoover

41

30. G.W. Bush

37

30. Garfield

42

31. B. Harrison

39

31. Nixon

37

31. G.W. Bush

42

32. Carter

39

32. B. Harrison

36

32. Carter

41

33. Van Buren

38

33. Coolidge

36

33. B. Harrison

40

34. Arthur

36

34. Garfield

34

34. Taylor

37

Lighter circles = below average

BOTTOM 10

35. Garfield

36

35. Taylor

31

35. Hoover

37

36. Taylor

34

36. Tyler

31

36. Nixon

36

37. Tyler

33

37. Hoover

29

37. Tyler

32

38. Harding

32

38. A. Johnson

27

38. Fillmore

30

39. Fillmore

29

39. Fillmore

26

39. Harding

26

40. Trump

25

40. Pierce

24

40. Pierce

25

41. A. Johnson

21

41. Harding

23

41. A. Johnson

23

42. Pierce

19

42. W.H. Harrison

19

42. W.H. Harrison

19

43. W.H. Harrison

19

43. Buchanan

16

43. Trump

16

44. Buchanan

14

44. Trump

8

44. Buchanan

14

Methodology: Each expert was allowed to self-identify as either Republican, Democrat, Independent, or Other. The results of those who self-identified were later analyzed independently to allow comparisons across partisan groups.

Next on Mt. Rushmore

Which president deserves to have his likeness carved next into Mt. Rushmore’s granite cliff? Franklin Delano Roosevelt was the overwhelming favorite, selected by two-thirds of our respondents.

Franklin

Roosevelt

Barack

Obama

James

Madison

Lyndon

Johnson

66%

7

5

4

4

2

2

10

Others

Ronald

Reagan

Dwight

Eisenhower

William

McKinley

Methodology: Respondents were asked if they were to add one president to those currently represented on Mt. Rushmore, who would it be, and then allowed to select any past or current president. The number and percentage of times each president was selected was then calculated.

Mt. Rushmore by Party

It wasn’t just Democratic support that would carve F.D.R. on Mt. Rushmore: All groups, including Republicans, named him as most deserving of that honor.

Roosevelt, the godfather of presidential liberalism, received more than twice as many votes from Republicans as Ronald Reagan, his conservative counterpart.

Democratic scholars’ vote:

Barack

Obama

Lyndon

Johnson

James

Madison

Franklin

Roosevelt

75%

11

3

3

8

Others

Independent/others’ vote:

Ronald

Reagan

Dwight

Eisenhower

William

McKinley

Franklin

Roosevelt

57%

9

9

6

19

Others

Republicans’ vote:

Ronald

Reagan

James

Madison

Franklin

Roosevelt

43%

19

10

29

Others

Methodology: Using the previously discussed self-identified partisanship breakdowns, the number and percentage of times each partisan group selected each president was calculated in the same way as the overall results.

Trump’s initial rating places him in an ignominious category, but dozens of presidents have had slow starts and have course corrected to improve their public esteem. Beyond his reputation or ranking, Donald Trump’s very presidency may alter perceptions of presidential legacies as his unique approach to the office continues to surprise.

Brandon Rottinghaus is a professor of political science at the University of Houston. Justin S. Vaughn is an associate professor of political science and director of the Center for Idaho History and Politics at Boise State University.

COMMUNITIES ACROSS THE U.S. STEW AS TRUMP USES MS-13 “BOGEYMAN” TO WHIP UP WHITE NATIONALIST RAGE AGAINST ALL LATINOS! –Yeganeh Torbati Reports For Reuters News (Video)!

http://www.reuters.tv/v/wfz/2018/02/01/trump-s-focus-on-ms-13-gang-deepens-immigration-impasse

Yeganeh Torbati reports for Reuters News. Click the above link to play video!

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

As Yeganeh’s report notes, nobody disputes the Trump Administration’s claim that the MS-13 are “Bad Guys” who should be removed from the U.S. Although you wouldn’t know it from the Trump Administration’s self-congratulatory rhetoric, every Administration going back to that of President Ronald Reagan has made a concerted effort to remove gang members. They were a particular priority of the Obama Administration’s criminal alien removal program.

Unlike Trump, Sessions, and most of those “spouting off the rhetoric,” I have been involved in gang removal efforts from both the law enforcement and the judicial perspectives. I actually came face to face with gang members and entered final orders removing them from the United States at several levels during my Government career. And, unlike some final orders of removal, I know that these were actually carried out.

Not surprisingly, though, a few of the deportees managed to reenter the U.S. again. No “wall” is likely to stop determined international gangs from getting their members back into the U.S. if they really want to. Just like “show deportations” didn’t significantly hamper or eradicate Italian Mafia-type organized crime gangs, the “Maras” are unlikely to fold their tents and disappear quietly into the night just because of “get tough” speeches by American politicos and some well-publicized deportations. Most Maras are actually pretty good at running operations from abroad, as well as from prisons, both here and in the Northern Triangle.

I have observed, however, that the Trump Administration’s anti-gang program is likely to be relatively ineffective for a number of reasons. First, by terrorizing Latino communities with DHS arrests and removals of law-abiding non-criminals, they make it difficult or impossible for victims, most of whom are members of the Latino community, and some of whom are undocumented or come from “mixed families,” to report gang-related crimes and activities to the police. Thus, these folks are “easy marks” for the gangs.

Second, for the same reason, many community members are reluctant to come forward and be witnesses against gang members for fear of their own deportation or that the police will not protect them from retaliation.

Third, by consistently “dissing” and devaluing the contributions of the many law-abiding members of the Latino community, this Administration makes it easier for gang recruiters to point to the “empowerment” and “respect” that gangs claim to offer.

Fourth, by “manipulating the law” to deny legal protections to many of those who courageously resist gang recruitment (I just “blogged” an egregious example from the 9th Circuit this week), the Administration sends a strong “you might as well join” message to young people in the U.S. and who are returned to the Northern Triangle. The message that our Government places no value on their lives is not lost on these kids.

Finally, by failing to concentrate on the root causes of gangs in the Northern Triangle, and instead consistently “over-selling” the law enforcement benefits of deportation, the Administration guarantees an almost endless regime of violence and disorder in the Northern Triangle and a steady stream of would-be refugees flowing north.

The only effective gang-eradication programs that I’m aware of involve local authorities, often from the Latino community, gaining the trust of the young people in the community and “reinforcing” Latino role models, some originally from undocumented backgrounds, as offering viable alternatives to gangs. Slowly, through education and community based activities that show the value, respect, and positive recognition that can be gained by avoiding gangs and having the courage to stand up against them, we can, over time, drastically reduce, and perhaps eventually eliminate the destructive role gangs in America.

But, the continuing White Nationalist, anti-Hispanic “blathering” of Trump, Sessions, Homan, and the other GOP “hard liners” is likely to be counterproductive. And, “traditional” law enforcement methods of arrest, imprisonment, and deportation have been shown, by themselves, to be ineffective in solving the long-term problems of gangs in both America and the Northern Triangle. Of course we should continue to arrest and deport known gang members. But, we shouldn’t expect that, without some community-based solutions and more thoughtful approaches to the problems caused by deportations in the Northern Triangle, deportations will solve our problem. They won’t!

PWS

02-01-18