NYT EDITORIAL: “DON’S CONS” — TRUMP TAKES CORRUPTION TO A NEW LEVEL!

https://www.nytimes.com/2018/08/21/opinion/manafort-cohen-guilty.html?em_pos=large&emc=edit_ty_20180822&nl=opinion-today&nlid=79213886edit_ty_20180822&ref=headline&te=1

All the President’s Crooks

One of them, Mr. Trump’s own lawyer, has now implicated him in a crime.

By The Editorial Board

The editorial board represents the opinions of the board, its editor and the publisher. It is separate from the newsroom and the Op-Ed section.

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Michael Cohen and Paul Manafort.CreditLeft, Jeenah Moon for The New York Times; right, Zach Gibson/Bloomberg, via Getty Images

From the start of the Russia investigation, President Trump has been working to discredit the work and the integrity of the special counsel, Robert Mueller; praising men who are blatant grifters, cons and crooks; insisting that he’s personally done nothing wrong; and reminding us that he hires only the best people.

On Tuesday afternoon, the American public was treated to an astonishingsplit-screen moment involving two of those people, as Mr. Trump’s former campaign chief was convicted by a federal jury in Virginia of multiple crimes carrying years in prison at the same time that his longtime personal lawyer pleaded guilty in federal court in New York to his own lengthy trail of criminality, and confessed that he had committed at least some of the crimes “at the direction of” Mr. Trump himself.

Let that sink in: Mr. Trump’s own lawyer has now accused him, under oath, of committing a felony.

Only a complete fantasist — that is, only President Trump and his cult — could continue to claim that this investigation of foreign subversion of an American election, which has already yielded dozens of other indictments and several guilty pleas, is a “hoax” or “scam” or “rigged witch hunt.”

Related in Opinion
Opinion | Noah Bookbinder, Barry Berke and Norman L. Eisen
What the Manafort Verdict Means

Opinion | Ken White
Can Michael Cohen Bring Down Trump?

The conviction of Paul Manafort, who ran the Trump campaign for three months in 2016, was a win for prosecutors even though jurors were unable to reach a verdict on 10 of the 18 counts against him. On the other eight, which included bank fraud, tax fraud and a failure to report a foreign bank account, the jury agreed unanimously that Mr. Manafort was guilty. He is scheduled to go on trial in a separate case next month in Washington, D.C., on charges including money laundering, witness tampering, lying to authorities and failing to register as a foreign agent. Mr. Manafort faces many decades behind bars, although he will probably serve less than that under federal sentencing guidelines.

A few hundred miles to the north, in New York City, Michael “I’m going to mess your life up” Cohen stood before a federal judge and pleaded guilty to multiple counts of bank and tax fraud as well as federal campaign-finance violations involving hush-money payments he made to women who said they’d had sex with Mr. Trump. Mr. Cohen, who spent years as Mr. Trump’s personal lawyer and “fix-it guy” (his own words), was under investigation by federal prosecutors in Manhattan, to whom Mr. Mueller referred his case. In April, F.B.I. agents raided Mr. Cohen’s office, home and hotel room looking for evidence of criminality on a number of fronts. Apparently they found it.

Mr. Cohen didn’t agree at Tuesday’s hearing to cooperate with prosecutors, but if he eventually chooses to, that could spell even bigger trouble for Mr. Trump. Mr. Cohen has been involved in many of Mr. Trump’s dealings with Russia, including his aborted effort to build a Trump Tower in Moscow, and could shed light on connections between the Trump presidential campaign and Russian officials involved in the 2016 election interference.

But back to Tuesday’s news. Mr. Manafort was not an original target of the inquiry by Mr. Mueller, who was appointed in May of last year to look into possible ties between the Trump campaign and efforts by Russian government officials to interfere in the election. But Mr. Mueller’s mandate authorized him to investigate any other crimes that arose in the course of his work. It didn’t take long. As soon as he and his lawyers started sniffing around, the stench of Mr. Manafort’s illegality was overpowering.

As a longtime lobbyist and political consultant who worked for multiple Republican candidates and presidents, Mr. Manafort had a habit of lying to banks to get multimillion-dollar loans and hiding his cash in offshore accounts when tax time rolled round. In at least one case, he falsely characterized $1.5 million as a loan to avoid paying taxes on it, then later told banks that the loan had been “forgiven” so he could get another loan.

He also enriched himself by working for some of the world’s most notorious thugs and autocrats, including Ferdinand Marcos in the Philippines, Jonas Savimbi in Angola and Mobutu Sese Seko of the Democratic Republic of Congo. He helped elect the pro-Kremlin Viktor Yanukovych as president of Ukraine, a job that earned him millions until Mr. Yanukovych was ousted from power in 2014.

Despite this mercenary history — or perhaps, more disturbingly, because of it — Donald Trump, while running on promises to clean up Washington, hired Mr. Manafort to run his presidential campaign, a job he may well have kept but for news reports that he was receiving and hiding millions of dollars from his work on behalf of Mr. Yanukovych.

What does it tell you about Mr. Trump that he would choose to lead his campaign someone like Mr. Manafort, whom even on Tuesday he called a “good man”? It tells you that Mr. Trump is consistent, and consistently contemptuous of honesty and ethics, because he has surrounded himself with people of weak, if not criminal, character throughout his career.

RELATED
More on Mr. Cohen and Mr. Manafort
Trump Praises Manafort for Refusing to ‘Break,’ Unlike Cohen, His Former Fixer

Cohen and Manafort Are in Deeper Legal Trouble. Mueller Could Benefit.

Michael Cohen Says He Arranged Payments to Women at Trump’s Direction

Paul Manafort, Trump’s Former Campaign Chairman, Guilty of 8 Counts

A One-Two Punch Puts Trump Back on His Heels

While the president has so far dodged questions about whether he will pardon Mr. Manafort, he’s already shown a willingness to make a mockery of the justice system with his pardons of unrepentant lawbreakers like Sheriff Joe Arpaio and Dinesh D’Souza. Last year, the president’s lawyer dangled the prospect of a pardon to lawyers for Mr. Manafort and Michael Flynn, Mr. Trump’s first national security adviser. If Mr. Trump were to follow through and grant clemency to Mr. Manafort, it would make his pardon of Mr. Arpaio look like the signing of the Civil Rights Act.

You’re forgiven if you’ve lost track of all the criminality, either charged or admitted, that has burst forth from Mr. Trump’s circles in the last couple years even as Mr. Trump has continued to claim that the investigation is a hoax, a pointless waste of taxpayer dollars. So here’s a brief refresher:

In addition to the prosecution of Mr. Manafort, the special counsel’s office has secured guilty pleas from multiple people, including Mr. Flynn and George Papadopoulos, a foreign policy adviser on the Trump campaign, both of whom lied to federal investigators about their communications with Russian officials.

Others have pleaded guilty to identity fraud and making false statements. Mr. Manafort’s longtime associate Rick Gates also pleaded guilty and testified against his former boss.

Meanwhile, Mr. Mueller has charged more than a dozen Russian individuals and companies for their roles in a coordinated and deceptive social-media campaign aimed at hurting Hillary Clinton’s candidacy and helping Mr. Trump’s. Some Trump campaign officials were unwittingly in contact with some of these defendants.

Mr. Mueller has also charged a dozen Russian military officials with hacking and helping to release emails of the Clinton campaign and the Democratic National Committee. The hackers first tried to break into Mrs. Clinton’s personal servers on July 27, 2016 — the same day that Mr. Trump publicly called on Russians to do exactly that.

And he has charged Konstantin Kilimnik, a Russian associate of Mr. Manafort and a suspected spy, with obstructing justice.

As Mr. Trump rages on about the unfairness of the investigation, remember that Mr. Mueller has been on the job for just 15 months. For comparison, the Watergate investigation ran for more than two years before it brought down a president and sent dozens of people to prison. The Iran contra investigation dragged on for about seven years, as did the Whitewater investigation, which resulted in President Bill Clinton’s impeachment.

Also remember we still don’t know anything about the ultimate fate of several other Trump associates who have been under Mr. Mueller’s microscope, including Roger Stone, Carter Page and Donald Trump Jr. (“If it’s what you say I love it especially later in the summer”).

For a witch hunt, Mr. Mueller’s investigation has already bagged a remarkable number of witches. Only the best witches, you might say.

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A version of this article appears in print on , on Page A20 of the New York edition with the headline: All the President’s Crooks. Order Reprints | Today’s Paper | Subscribe
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Unfortunately, the Trump Circus is just picking up steam.  We’re sure to be subjected to a “carpet bombing” of lies, tweets, insults, and threats as the Emperor’s clothes come off piece by piece while the emasculated GOP Congress merely sits and watches. And, of course, there will be the “normal” Trump strategy of attempting to shift blame to the victims and away from himself and the other corrupt individuals associated with him. Seems Trumpie owes Stormy (and Melania) an apology
PWS
08-22-18

R.I.P. ARETHA: THE QUEEN OF SOUL DEMANDED R.E.S.P.E.C.T. & FOUGHT FOR SOCIAL JUSTICE FOR EVERYONE IN AMERICA – The Polar Opposite of The Trump Administration!

https://www.globalcitizen.org/en/content/aretha-franklin-activism-helped-the-world/?utm_source=Iterable&utm_medium=email&utm_campaign=US_August_17_2018_content_digest

4 Ways Aretha Franklin Fought for a Better World

Why Global Citizens Should Care
Aretha Franklin was an ardent supporter of civil and women’s rights throughout her life. She influenced countless other artists who carry her soulful passion into their music, inspiring millions of people worldwide. Franklin also championed causes like health care access, environmental protection, and disability rights. You can join us in taking action on these issues here.

Aretha Franklin, “The Queen of Soul,” died from advanced pancreatic cancer on Thursday at the age of 76, according to the New York Times.

Acclaimed as the greatest American “singer of postwar popular music,” Franklin influenced countless soul, R&B, and pop artists over the past several decades. Her influence is still clearly felt in contemporary artists like Beyoncé, Jennifer Hudson, and Adele.

Aretha-Franklin-Full-Frame.jpgAretha Franklin performs at New York’s Radio City Music Hall, July 6, 1989.
Image: Mario Suriani/AP

With her soaring range and empowering messages, Franklin also inspired a generation of activists.

Franklin was a dedicated philanthropist throughout her life and was never far from the pulse of social justice, appearing on stages with both Martin Luther King Jr. and former President Barack Obama.

Here are four ways the Queen of Soul fought for a better world.


1. Women’s Rights

In an era when respect was not universally received in the US, Franklin’s rousing version of “Respect,” first recorded by Otis Redding, was an electrifying call to action. The unflinching demand for respect became a mantra for both the women’s rights and civil rights movements.

Released in the 1970s, the song radically overturned gender conventions by situating a woman as the primary breadwinner in a family and fiercely challenged sexist assumptions.

Read More: 12 Badass Women Who Changed the Course of Human History

Franklin’s song “Sisters Are Doin’ It For Themselves” was another feminist anthem, envisioning a world where women everywhere can break free from the constraints of a sexist society.

“Now this is a song to celebrate,” the lyrics read. “The conscious liberation of the female state! / Mothers, daughters, and their daughters, too. / Woman to woman / We’re singin’ with you. / The inferior sex got a new exterior / We got doctors, lawyers, politicians, too.”

“American history wells up when Aretha sings,” Obama said in 2015. “Nobody embodies more fully the connection between the African-American spiritual, the blues, R&B, rock and roll – the way that hardship and sorrow were transformed into something full of beauty and vitality and hope.”


2. Civil Rights

Franklin’s father was a committed civil rights activist, and she frequently lent her growing fame and stature to the movement.

The soul singer regularly performed at civil rights events and was there to support Martin Luther King Jr. during his rallies. She was eventually awarded the Southern Christian Leadership Award for her dedicated work by King. When King was assassinated in 1968, Franklin performed at his funeral.

Read More: 10 Celebrities Who Carry on MLK’s Legacy by Fighting Racism

When the civil rights leader Angela Davis was arrested in 1970 and falsely branded a “terrorist” by President Richard Nixon, Franklin announced her intention to post the $250,000 bail, one of many times where she financially supported black activists.

In 2008, the NAACP honored Franklin for both her advocacy and her music with their annual Vanguard Award.


3. Supporting Access to Nutritional Food

The Queen of Soul has also supported charities such as Feeding America, which funds more than 200 foodbanks nationwide, and the Barbara Davis Center for Childhood Diabetes, which specializes in diabetes research.

Franklin lived with diabetes throughout her life and wanted to make sure other people would have the health care access that they needed.

“I feel wonderful, I’ve got more energy, I’ve changed my diet, going to Whole Foods now, getting the best stuff,” she said after recovering from a hospital stay in 2012 on The View. “Dropped the chitlins, drop the ham hocks, getting some — I won’t say better food, I’ll say other food.”


4. Boosting Charity Events

Throughout her career, Franklin regularly helped causes she cared about to raise more money through fundraising events.

Read More: Tributes That Prove David Bowie Ch-ch-changed the World

In 2012, she attended a gala for the Rainforest Fund, which seeks to protect human rights in the Amazon Rainforest. The next year she lent her voice to a Christmas album whose proceeds went to the Special Olympics. In 2017, Franklin was a headlining act for The Elton John AIDS Foundation New York Gala, which went on to raise $4.4 million.

“Being the Queen is not all about singing, and being a diva is not all about singing,” she said of her fame. “It has much to do with your service to people. And your social contributions to your community and your civic contributions as well.”

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The best way to provide “service to people” and to honor Aretha’s memory is to aggressively stand up for the rights of women and minorities and oppose the White Nationalist, racist, misogynist  policies of the Trump Administration.

Actually saw Aretha perform in person once at the “old Cleveland Stadium” (a/k/a “The Mistake on The Lake”) following an Indians game during the “Jones Day Phase” of my career!

PWS

08-20-20

WASHPOST: RACISTS FIND HOME IN TODAY’S GOP —From Dissing Mexican Americans, To Barring Muslims, Abandoning Refugees, Restricting Legal Immigration, Slamming Families, & Encouraging Voter Suppression, GOP Appears To Be “All In” On “Built To Fail” Strategy Of Making America White Again: “the larger moral cowardice that has overtaken the party.”

https://www.washingtonpost.com/politics/im-not-going-there-as-trump-hurls-racial-invective-most-republicans-stay-silent/2018/08/18/aab7fd8a-a189-11e8-83d2-70203b8d7b44_story.html

August 18 at 6:14 PM

The president of the United States had just lobbed another racially charged insult — this time calling his former top African American adviser a “dog” — but Sen. John Cornyn (R-Tex.) had no interest in talking about it.

“I’ve got more important things on my mind, so I really don’t have a comment on that,” said the Senate’s No. 2 Republican, chuckling at the question.

 Has President Trump ever said anything on race that made Cornyn uncomfortable? “I think the most important thing is to pay attention to what the president does, which I think has been good for the country,” the senator demurred.

What about his constituents back home — are they concerned? “I know you have to ask these questions but I’m not going to talk about that,” Cornyn said, politely ending the brief interview in the basement of the U.S. Capitol. “I just think that’s an endless little wild goose chase and I’m not going there.”

And so it went last week among Republicans: As Trump immersed the nation in a new wave of fraught battles over race, most GOP lawmakers tried to ignore the topic altogether. The studied avoidance is a reflection of the enduring reluctance of Republicans to confront Trump’s often divisive and inflammatory rhetoric, in part because the president remains deeply popular within a party dominated by older white voters.

The Washington Post reached out to all 51 Republican senators and six House Republican leaders asking them to participate in a brief interview about Trump and race. Only three senators agreed to participate: Jeff Flake of Arizona, David Perdue of Georgia and Tim Scott of South Carolina, the only black Republican in the Senate.

Trump has a history of mocking his black critics’ intelligence

President Trump insulted NBA player LeBron James’s intelligence in a tweet Aug. 3. It’s not the first time Trump has taken this approach.

Flake, a frequent Trump critic who is retiring, rattled off examples when asked if there were times he felt Trump had been racially insensitive.

“It started long before his campaign, the whole Barack Obama, the birtherism . . . that was abhorrent, I thought,” Flake said in a phone interview. “And then you know, the Mexican rapists . . . on his first official day as a campaign. And then you know, Judge Curiel, the statement that he couldn’t judge because of his heritage. Failure to, you know, condemn in Charlottesville. Just the willingness to go there, all the time. Muslim ban. This kind of divide-and-conquer strategy. It’s just — it’s been one thing after another.”

Six other lawmakers granted impromptu interviews when approached in the Capitol, although most declined to be specific about whether they were uncomfortable with any of Trump’s statements on race. One exception was Sen. Bob Corker of Tennessee, another Trump critic who is leaving Congress in January.

 “It’s a formula that I think they think works for them, as it relates to winning,” Corker said, referring to the use of divisive racial issues by Trump and his advisers. “I think that’s their kind of governing. I think that’s how they think they stay in power, is to divide.”

Several other lawmakers said they did not like some of Trump’s language, especially on race, but did not consider Trump to be racist.

Sen. John Thune (R-S.D.), the No. 3 Republican in the Senate, said Trump’s description of former black adviser Omarosa Manigault Newman as a “dog” was “not appropriate, ever.” But he stopped short of pointing to a time when he felt the president had crossed a racial boundary.

“I just think that’s the way he reacts and the way he interacts with people who attack him,” Thune said. “I don’t condone it. But I think it’s probably part built into his — it’s just going to be in his DNA.”

The month of August — which included the first anniversary of the deadly white supremacist rally in Charlottesville — has seen Trump unleash a steady tide of racially charged invective, including questioning the intelligence of basketball star LeBron James, attacking Chinese college students and reviving his attacks on anthem protests by black NFL players. At one point last week, White House press secretary Sarah Huckabee Sanders said she could not guarantee that no audio recording exists of Trump using the n-word, as Manigault Newman alleges in her book.

Republicans have struggled over issues of race since the Civil Rights era, with periodic efforts to appeal to blacks, Latinos and other minorities. Trump’s critics within the party fear that, in an increasingly diverse nation, the president is reopening wounds many Republicans had sought to heal.

Trump and his allies frequently counter by offering economic data that they say is favorable to minorities, seeking to separate Trump’s harsh rhetoric from his policy agenda.

But some longtime party stalwarts worry about the long-term consequences of the party’s near-silence on race.

Mike Murphy, a veteran Republican consultant and vocal Trump critic, bemoaned “the larger moral cowardice that has overtaken the party.”

“Trump’s shtick is that he’s the grievance candidate,” Murphy said. “He’s focused on the economically squeezed Caucasian voter. . . . He is speaking to that rage. Mexican rapists, clever Chinese traders, African American people as dogs. That’s Trump’s DNA.”

. . . .

Perdue said in an interview that he believes Trump is results-focused and “trying to be all-inclusive,” and that Democrats are the ones using race as a political issue.

“Well, I hope they will,” Perdue said. “I have many friends in the African American community and they’re tired of being treated as pawns.”

But Republicans who believe that Trump has galloped past norms of civil society on race and other issues worry about the costs the party may ultimately pay, both politically and morally.

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Read the rest of the article at the link.
Not surprising to see modern-day Jim Crows like Sen. David Perdue (R-GA) out there carrying water for the Trump/Sessions brand of 21st Century racism. After all, in the face of the overwhelming evidence that America needs more legal immigration and that family-based immigration is good for America, Perdue is one of the chief sponsors of the CIS-inspired bogus merit-based immigration bill that actually reduces legal immigration in a losing attempt to bar immigrants of color and “Keep America White As Long As Possible.”  Donald Trump trying to be “all-inclusive?” How’s that David, by dissing African-Americans, calling them “dogs,” dehumanizing immigrants, slurring Hispanics, taking protections away from transgender kids, taking away security clearances of critics, attacking the free press, attacking the Justice Department, the FBI and the intelligence community, promoting a false narrative about voter fraud, or telling thousands of lies since assuming office? Which one of these is “all inclusive?” The only “inclusive” thing about Donald Trump is that the majority of Americans who aren’t in his overwhelmingly White Guy “core.” are all included in his insults, lies, and disrespect!
I also thought that the final comment about the late George Wallace was telling. Yup, Wallace accomplished some things in Alabama including getting more textbooks. (Remember that Adolf Hitler built great Autobahns too!) But, the screaming crowds of White Folks who supported Wallace on the national stage weren’t excited about textbooks or better roads — they loved the message of racism and White Supremacy. And, that’s exactly how history will remember Wallace and his supporters — not for the textbooks, but for the public defense and advocacy of racism (just like Hitler isn’t remembered for his Autobahns). Which is how Trump, his “base,” and his many enablers (whether enthusiastic, merely willing, or downright cowardly) will also be remembered!
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Still doubt the racism of Trump and his agenda. check out this article by Ta-Nehisi Coates in The Atlantic entitled “The First White President:” https://www.theatlantic.com/magazine/archive/2017/10/the-first-white-president-ta-nehisi-coates/537909/

It is often said that Trump has no real ideology, which is not true—his ideology is white supremacy, in all its truculent and sanctimonious power. Trump inaugurated his campaign by casting himself as the defender of white maidenhood against Mexican “rapists,” only to be later alleged by multiple accusers, and by his own proud words, to be a sexual violator himself. White supremacy has always had a perverse sexual tint. Trump’s rise was shepherded by Steve Bannon, a man who mocks his white male critics as “cucks.” The word, derived from cuckold, is specifically meant to debase by fear and fantasy—the target is so weak that he would submit to the humiliation of having his white wife lie with black men. That the slur cuck casts white men as victims aligns with the dicta of whiteness, which seek to alchemize one’s profligate sins into virtue. So it was with Virginia slaveholders claiming that Britain sought to make slaves of them. So it was with marauding Klansmen organized against alleged rapes and other outrages. So it was with a candidate who called for a foreign power to hack his opponent’s email and who now, as president, is claiming to be the victim of “the single greatest witch hunt of a politician in American history.”

In Trump, white supremacists see one of their own. Only grudgingly did Trump denounce the Ku Klux Klan and David Duke, one of its former grand wizards—and after the clashes between white supremacists and counterprotesters in Charlottesville, Virginia, in August, Duke in turn praised Trump’s contentious claim that “both sides” were responsible for the violence.

To Trump, whiteness is neither notional nor symbolic but is the very core of his power. In this, Trump is not singular. But whereas his forebears carried whiteness like an ancestral talisman, Trump cracked the glowing amulet open, releasing its eldritch energies. The repercussions are striking: Trump is the first president to have served in no public capacity before ascending to his perch. But more telling, Trump is also the first president to have publicly affirmed that his daughter is a “piece of ass.” The mind seizes trying to imagine a black man extolling the virtues of sexual assault on tape (“When you’re a star, they let you do it”), fending off multiple accusations of such assaults, immersed in multiple lawsuits for allegedly fraudulent business dealings, exhorting his followers to violence, and then strolling into the White House. But that is the point of white supremacy—to ensure that that which all others achieve with maximal effort, white people (particularly white men) achieve with minimal qualification. Barack Obama delivered to black people the hoary message that if they work twice as hard as white people, anything is possible. But Trump’s counter is persuasive: Work half as hard as black people, and even more is possible.

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I encourage you to read Coates’s entire totally cogent expose of the Supreme ugliness of Trump, his “team,” and his core supporters. No, you can’t really separate Donald Trump’s policies from his racism.
That’s why America needs regime change at the ballot box. NOW!
PWS
08-18-18

JASON JOHNSON @ WASHPOST: YES, TRUMP IS A RACIST, AS ARE MILLER, SESSIONS, BANNON & THE REST OF THE WHITE NATIONALIST CREW — “If you think a racial slur is the only way to determine if the president is racist, you haven’t been paying attention, and you don’t understand what racism is.”

https://www.washingtonpost.com/news/posteverything/wp/2018/08/15/is-trump-a-racist-you-dont-need-an-n-word-tape-to-know/?utm_term=.427cd1460cea

Jason Johnson writes in the Washington Post:

Associate professor at Morgan State University and politics editor for the Root

August 15

Omarosa Manigault Newman — who once declared that “every critic, every detractor will have to bow down to President Trump” — evolved from mentee to frenemy to antagonist before her nonstop media blitz promoting her new post-White House tell-all, during which she’s touted the existence of a recording of Trump using the n-word. It’s all sent the White House scrambling, with the president tweetingMonday that “I don’t have that word in my vocabulary, and never have.” Press secretary Sarah Huckabee Sanders told reporters Tuesday she “can’t guarantee” Americans will never hear audio of Trump using the slur.

It doesn’t matter.

Trump is a racist. That doesn’t hinge on whether he uttered one particular epithet, no matter how ugly it is. It’s about the totality of his presidency, and after 18 months you can see his racial animus throughout his policy initiatives whether you hear it on tape or not.

ADVERTISING

Over the course of his career, well before he took office, Trump’s antipathy toward people of color has been plainly evident. In the ’70s, his real estate company was the subject of a federal investigation that found his employees had secretly marked the paperwork of minority apartment rental applicants with codes such as “C” for “colored.” After black and Latino teenagers were charged with sexually assaulting a white woman in Central Park, he took out full-page ads in New York City newspapers calling for the return of the death penalty. He never backtracked or apologized when the teenagers’ convictions were overturned. He championed birtherism, and wouldn’t disavow the conspiracy theory that President Barack Obama was born in Kenya until the end of his 2016 presidential campaign. As president, he’s targeted African American athletes for criticism, whether it’s ranting, “Get that son of a bitch off the field,” in reference to professional football players silently protesting police brutality or tweeting that:

Calling African American Rep. Maxine Waters (D-Calif.) a “low IQ person” is now a routine bit at his political rallies. He was quoted referring to Haiti, El Salvador and various African nations as “shithole” countries. He announced his campaign in 2015 by referring to Mexican immigrants as “rapists.” Later that year, he called for the United States to implement a “total and complete” Muslim ban.

After taking office, he hired xenophobes such as Stephen Miller — an architect of the ban, whose hostility toward immigrants is so stark, and hypocritical, that his uncle excoriated him this week in an essay for Politico Magazine, writing of Miller and Trump that “they repeat the insults and false accusations of earlier generations against these refugees to make them seem less than human.”

I could go on. The point is that Trump’s view of nonwhites is out in the open. As Slate’s Christina Cauterucci notes, there’s every reason “to believe that an n-word tape wouldn’t torpedo Trump’s presidency”; there’s no indication his supporters “will turn against him because he used a racial slur.” Trump’s words and deeds over time have demonstrated his racism — it doesn’t hinge on being outed, Paula Deen-style, by a tape of him using the word. Racism hardly ever does.

I’m not saying it would be okay for Trump to use any variation of the n-word — in jest, in anger, singing along to the lyrics of a song, with or without the hard “R.” But the feverish speculation about whether he ever deployed the term wrongly implies that a verdict on his racist character turns on its use. What matters more about Trump are the positions he’s taken and the policy choices he’s made that harm communities of color. In his first year as president, Trump evolved from mere interpersonal racist to racist enabler when he proclaimed there were “very fine people, on both sides” when white supremacists and anti-racist protesters converged in Charlottesville last year. Jeff Sessions, a senator from Alabama who, three decades ago, was denieda federal judgeship by the Republican-controlled Senate Judiciary Committee over concerns that he was a racist, was installed by Trump as attorney general.

Since assuming that role, Sessions has worked to undermine consent decrees meant to restrain racially abusive police departments and explicitly articulated the administration’s intent to use family separation to deter immigration. The Department of Education, under Secretary Betsy DeVos, is dismissing hundreds of civil rights complaints, supposedly in the name of efficiency. Trump hired Manigault Newman as a liaison to black constituent groups based on their reality TV relationship and, according to him, her willingness to say “GREAT things” about him, despite almost universal criticism of her appointment and subsequent work by African American Republicans and Democrats.

Being a racist — which entails belief in a fixed racial hierarchy and the power to act upon that belief in commerce, government or social spaces — is not now, and never has been, about one word or one slip of the tongue. It is about the ability of those in power to use public and private resources to enforce a racial hierarchy, whether that means having black people arrested for sitting in Starbucks, refusing to hire or promote qualified black job applicants or staffing a presidential administration with people who tolerate or encourage white nationalists. Trump’s statements and his approach to governance suggest he believes in a set racial hierarchy, and the possible existence of a hyped tape doesn’t change that. So far, and as far as I know, no one’s produced audio of white nationalist participants in last Sunday’s Unite the Right 2 rally in Washington using the n-word. Presumably, by the logic of some Trump defenders, that would mean there’s no proof they’re racist, either.

If American public discourse on race continues to revolve around a game of “gotcha,” with sentiments and smoking guns, divorced from an acknowledgment of how racists use their power, we won’t make any progress, during this administration or any other.

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Johnson states a simple truth that some don’t want to acknowledge. But, racist anti-immigrant, anti-Muslim, anti-refugee, anti-Mexican American, xenophobic “dog whistles” were at the heart of Trump’s campaign and remain at the heart of his policies, particularly on immigration, refugees, and law enforcement.

Does that mean that the majority of Americans who don’t endorse racism don’t need to deal with the fact that Trump is President and that Sessions and Miller are exercising outsized control over our justice system? Or that today’s Trumpist GOP isn’t your grandparents’ GOP (in my case, my parents’ GOP) and, although they might occasionally mutter a few insincere “tisk, tisk’s,” are firmly committed to enabling Trump and his racist policies including, of course, voter disenfranchisement. Of course not. Just think of how African-Americans, Hispanics, and liberals had to deal in practical terms with Southern political power in the age of Jim Crow (which is basically the “Age of Jeff Sessions”).

But, it is essential for us to know and acknowledge who and what we are dealing with and not to let political expediency totally obscure the harsh truth. Trump is a racist. And, that sad but true fact will continue to influence all of his policies for as long as he remains in office. Indeed, “Exhibit 1,” is the failure of the GOP to achieve “no-brainer” Dreamer protection over the last two years and the stubborn insistence of Sessions and others in the GOP to keep tying up our courts with bogus attempts to terminate already limited protections for those who aren’t going anywhere in the first place.

PWS

08-18-18

 

HUFFPOST: “’Demographic Change’ Doesn’t Cause Racism, Racists Do”

https://www.huffingtonpost.com/entry/opinion-laura-ingraham-immigration-racism_us_5b71e018e4b0ae32af9ab7f8

Noah Berlatsky writes in HuffPost:

“Massive demographic changes have been foisted upon the American people,” Laura Ingraham declared in a now-infamous rant on Fox News, “and they are changes that none of us ever voted for, and most of us don’t like.”

America has more people of color than it used to, and for Ingraham, the natural result of that demographic change is anger, resentment and anxiety.

The truth, though, is that racism is not natural. It is an ideology cultivated by propaganda and designed to subjugate, terrorize, control and exploit marginalized people.

Claiming that racism is natural, or implying as much, as Ingraham does, is itself a powerful means of spreading and legitimizing racism. Because, if racism is natural, then white people aren’t to blame for it. Instead, they can blame “demographic change.”

Which is to say, they can imagine that racism is caused by the existence of people of color ― and that the solution to racism is to remove those people, in one way or the other.

Ingraham’s rhetoric is extreme. But the idea that racism is normal, expected and understandable is actually quite common.

Ingraham’s rhetoric is extreme. But the belief that racism is normal, expected and understandable is actually quite common. In their book Racecraft, Barbara Fields and Karen Fields point out that writers on racism frequently use phrases like, “black people are denied rights because of the color of their skin.”

No one is denied rights because of skin color. People are denied rights because racists decide to use skin color as an excuse for hatred and violence. Blaming racist acts on skin color, Fields and Fields write, “transforms racism, something an aggressor does, into race, something the target is.” It is, they write, “a sleight of hand that is easy to miss.”

There’s a similar sleight of hand in blaming racism on “demographic change,” which transform racism into a natural disaster, like a flash flood or an earthquake. A recent Washington Post report on white workers at a chicken plant in Pennsylvania, for example, argues that “demographic anxiety is contributing to many of the social fissures polarizing the United States.” That’s a nicer way of paraphrasing Ingraham: White people aren’t racist, they just react helplessly ― and understandably ― to the experience of working alongside brown people.

Similarly, New York Times conservative columnist Ross Douthat recommended restricting immigration because “increased diversity and the distrust it sows have clearly put stresses on our politics.” And social psychologist Jonathan Haidt wrote in 2016 that “those who dismiss anti-immigrant sentiment as mere racism have missed several important aspects of moral psychology related to the general human need to live in a stable and coherent moral order.”

No one is denied rights because of skin color. People are denied rights because racists decide to use skin color as an excuse for hatred and violence.

Haidt, in particular, has argued at length that resentment of immigration or diversity is not racist. He argues that nationalism and love of a particular country and a particular culture is a valuable moral commitment. A shared sense of self or culture leads to lower crime rates and greater generosity, he says.

“People don’t hate others just because they have darker skin or differently shaped noses,” Haidt insists. “They hate people whom they perceive as having values that are incompatible with their own, or who (they believe) engage in behaviors they find abhorrent, or whom they perceive to be a threat to something they hold dear.”

That may well be true, but where do Haidt’s reasonably moral nationalists get the idea that certain people’s values are incompatible with their own?

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The Spanish-speaking people at the Pennsylvania chicken plant are doing hard work of the same kind and in the same place as their English-speaking co-workers. What’s the difference in values supposed to be? For that matter, Spanish-speaking people have been in the Americas longer than English speakers have been here. The idea that the United States is somehow essentially English-speaking not a permanent, inviolable truth ― it is a myth.

Jonathan Haidt has argued at length that resentment of immigration or diversity is not racist.

LEIGH VOGEL VIA GETTY IMAGES
Jonathan Haidt has argued at length that resentment of immigration or diversity is not racist.

Human beings are quick to organize in-groups and out-groups. And human beings also have huge latitude in how they conceptualize the membership of those groups. At one point in the United States, white American Protestants considered Irish Catholics to be dangerous outsiders whose traditions were fundamentally opposed to democracy and reason. Now, St. Patrick’s Day is seen as a celebration of quintessential American-ness. Irish people didn’t change; they were human beings then and they’re human beings now. White Americans just decided to start including the Irish in their in-group.

Deciding that someone is part of an out-group because they speak Spanish is a choice. Deciding immigrants don’t share “our” values is a choice. Insisting immigrants are criminals despite all the evidence to the contrary is a choice.

“These moral concerns may be out of touch with reality, and they are routinely amplified by demagogues,” Haidt admits. But if your “moral concerns” are based on lies amplified by demagogues, maybe those concerns aren’t really “moral” at all. They certainly are not natural, unstoppable and unchangeable.

Deciding that someone is part of an out-group because they speak Spanish is a choice. Deciding immigrants don’t share “our” values is a choice.

Thomas Jefferson, as was his wont, outlined the logic of natural racism with unusual clarity. In explaining why he didn’t believe white people and black people could ever live together, Jefferson pointed to white prejudice and to black people’s resentment for years of oppression. But, tellingly, he also cited “the real distinctions that nature has made.” Jefferson believed white people hated and disliked black people because white and black people were fundamentally different from one another. Natural difference produces natural animosity. Racism, for Jefferson, is inevitable because race is real.

But Jefferson was wrong. Race isn’t a biological fact; humans are all the same species. There’s no instinctual demand that white people panic when someone with a different skin tone moves in next door. There’s no universal cultural imperative that says that English speakers must be filled with rage and fear when they hear someone speaking a different language.

“Difference” doesn’t make us hate. In fact, Ingraham and her ilk have it precisely backward: It’s the choice to hate that defines other people arbitrarily as “different.” When Ingraham says that “massive demographic changes” have made Americans angry, she’s blaming the victims of that anger.

But the existence of people of color is not the cause of racism. The cause of racism is racists like Laura Ingraham.

Noah Berlatsky is the author most recently of Nazi Dreams: Films About Fascism.

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Yup! Couldn’t agree more! And, blaming the victims is exactly what Trump, Sessions, Miller, Ingraham, and the White Nationalist restrictionists are all about.

Just say no to Trump, Sessions, Miller and racism!

PWS

08-16-18

 

THINK THAT NEO-NAZI PRESIDENTIAL ADVISOR (& SESSIONS CONFIDANT) STEPHEN MILLER IS A DISINGENUOUS HYPOCRITE? – HIS UNCLE AGREES!

https://www.politico.com/magazine/story/2018/08/13/stephen-miller-is-an-immigration-hypocrite-i-know-because-im-his-uncle-219351

Stephen Miller is an Immigration Hypocrite. I Know Because I’m His Uncle.

If my nephew’s ideas on immigration had been in force a century ago, our family would have been wiped out.

Stephen Miller is pictured. | Getty Images
Brendan Smialowski/AFP/Getty Images

Let me tell you a story about Stephen Miller and chain migration.

It begins at the turn of the 20th century in a dirt-floor shack in the village of Antopol, a shtetl of subsistence farmers in what is now Belarus. Beset by violent anti-Jewish pogroms and forced childhood conscription in the Czar’s army, the patriarch of the shack, Wolf-Leib Glosser, fled a village where his forebears had lived for centuries and took his chances in America.

He set foot on Ellis Island on January 7, 1903, with $8 to his name. Though fluent in Polish, Russian, and Yiddish he understood no English. An elder son, Nathan, soon followed. By street corner peddling and sweat-shop toil Wolf-Leib and Nathan sent enough money home to pay off debts and buy the immediate family’s passage to America in 1906. That group included young Sam Glosser, who with his family settled in the western Pennsylvania city of Johnstown, a booming coal and steel town that was a magnet for other hard-working immigrants. The Glosser family quickly progressed from selling goods from a horse and wagon to owning a haberdashery in Johnstown run by Nathan and Wolf-Leib to a chain of supermarkets and discount department stores run by my grandfather, Sam, and the next generation of Glossers, including my dad, Izzy. It was big enough to be listed on the AMEX stock exchange and employed thousands of people over time. In the span of some 80 years and five decades, this family emerged from poverty in a hostile country to become a prosperous, educated clan of merchants, scholars, professionals, and, most important, American citizens.

What does this classically American tale have to do with Stephen Miller? Well, Izzy Glosser, is his maternal grandfather, and Stephen’s mother, Miriam, is my sister.

I have watched with dismay and increasing horror as my nephew, who is an educated man and well aware of his heritage, has become the architect of immigration policies that repudiate the very foundation of our family’s life in this country.

I shudder at the thought of what would have become of the Glossers had the same policies Stephen so coolly espouses— the travel ban, the radical decrease in refugees, the separation of children from their parents, and even talk of limitingcitizenship for legal immigrants— been in effect when Wolf-Leib made his desperate bid for freedom. The Glossers came to the U.S. just a few years before the fear and prejudice of the “America First” nativists of the day closed U.S. borders to Jewish refugees. Had Wolf-Leib waited, his family would likely have been murdered by the Nazis along with all but seven of the 2,000 Jews who remained in Antopol. I would encourage Stephen to ask himself if the chanting, torch-bearing Nazis of Charlottesville, whose support his boss seems to court so cavalierly, do not envision a similar fate for him.

Like other immigrants, our family’s welcome to the USA was not always a warm one, but we largely had the protection of the law, there was no state sponsored violence against us, no kidnapping of our male children, and we enjoyed good relations with our neighbors. True, Jews were excluded from many occupations, couldn’t buy homes in some towns, couldn’t join certain organizations or attend certain schools or universities, but life was good. As in past generations there were hate mongers who regarded the most recent groups of poor immigrants as scum, rapists, gangsters, drunks and terrorists, but largely the Glosser family was left alone to live our lives and build the American dream. Children were born, synagogues founded, and we thrived. This was the miracle of America.

Acting for so long in the theater of right wing politics, Stephen and Trump may have become numb to the resultant human tragedy and blind to the hypocrisy of their policy decisions. After all, Stephen’s is not the only family with a chain immigration story in the Trump administration. Trump’s grandfather is reported to have been a German migrant on the run from military conscription to a new life in the USA and his mother fled the poverty of rural Scotland for the economic possibilities of New York City. (Trump’s in-laws just became citizens on the strength of his wife’s own citizenship.)

These facts are important not only for their grim historical irony but because vulnerable people are being hurt. They are real people, not the ghoulish caricatures portrayed by Trump. When confronted by the deaths and suffering of thousands our senses are overwhelmed, and the victims become statistics rather than people. I meet these statistics one at a time through my volunteer service as a neuropsychologist for HIAS (formerly the Hebrew Immigrant Aid Society), the global non-profit agency that protects refugees and helped my family more than 100 years ago. I will share the story of one such man I have met in the hope that my nephew might recognize elements of our shared heritage.

In the early 2000s, Joseph (not his real name) was conscripted at the age of 14 to be a soldier in Eritrea and sent to a remote desert military camp. Officers there discovered a Bible under his pillow which aroused their suspicion that he might belong to a foreign evangelical sect that would claim his loyalty and sap his will to fight. Joseph was actually a member of the state-approved Coptic church but was nonetheless immediately subjected to torture. “They smashed my face into the ground, tied my hands and feet together behind my back, stomped on me, and hung me from a tree by my bonds while they beat me with batons for the others to see.”

Joseph was tortured for 20 consecutive days before being taken to a military prison and crammed into a dark unventilated cell with 36 other men, little food and no proper hygiene. Some died, and in time Joseph was stricken with dysentery. When he was too weak to stand he was taken to a civilian clinic where he was fed by the medical staff. Upon regaining his strength he escaped to a nearby road where a sympathetic driver took him north through the night to a camp in Sudan where he joined other refugees. Joseph was on the first leg of a journey that would cover thousands of miles and almost 10 years.

Before Donald Trump had started his political ascent promulgating the false story that Barack Obama was a foreign-born Muslim, while my nephew, Stephen, was famously recovering from the hardships of his high school cafeteria in Santa Monica, Joseph was a child on his own in Sudan in fear of being deported back to Eritrea to face execution for desertion. He worked any job he could get, saved his money and made his way through Sudan. He endured arrest and extortion in Libya. He returned to Sudan, then kept moving to Dubai, Brazil, and eventually to a southern border crossing into Texas, where he sought asylum. In all of the countries he traveled through during his ordeal, he was vulnerable, exploited and his status was “illegal.” But in the United States he had a chance to acquire the protection of a documented immigrant.

Today, at 30, Joseph lives in Pennsylvania and has a wife and child. He is a smart, warm, humble man of great character who is grateful for every day of his freedom and safety. He bears emotional scars from not seeing his parents or siblings since he was 14. He still trembles, cries and struggles for breath when describing his torture, and he bears physical scars as well. He hopes to become a citizen, return to work and make his contribution to America. His story, though unique in its particulars, is by no means unusual. I have met Central Americans fleeing corrupt governments, violence and criminal extortion; a Yemeni woman unable to return to her war-ravaged home country and fearing sexual mutilation if she goes back to her Saudi husband; and an escaped kidnap-bride from central Asia.

President Trump wants to make us believe that these desperate migrants are an existential threat to the United States; the most powerful nation in world history and a nation made strong by immigrants. Trump and my nephew both know their immigrant and refugee roots. Yet, they repeat the insults and false accusations of earlier generations against these refugees to make them seem less than human. Trump publicly parades the grieving families of people hurt or killed by migrants, just as the early Nazis dredged up Jewish criminals to frighten and enrage their political base to justify persecution of all Jews. Almost every American family has an immigration story of its own based on flight from war, poverty, famine, persecution, fear or hopelessness. These immigrants became the workers, entrepreneurs, scientists and soldiers of America.

Most damning is the administration’s evident intent to make policy that specifically disadvantages people based on their ethnicity, country of origin, and religion. No matter what opinion is held about immigration, any government that specifically enacts law or policy on that basis must be recognized as a threat to all of us. Laws bereft of justice are the gateway to tyranny. Today others may be the target, but tomorrow it might just as easily be you or me. History will be the judge, but in the meanwhile the normalization of these policies is rapidly eroding the collective conscience of America. Immigration reform is a complex issue that will require compassion and wisdom to bring the nation to a just solution, but the politicians who have based their political and professional identity on ethnic demonization and exclusion cannot be trusted to do so. As free Americans, and the descendants of immigrants and refugees, we have the obligation to exercise our conscience by voting for candidates who will stand up for our highest national values and not succumb to our lowest fears.

Dr. David S. Glosser is a retired neuropsychologist: formerly a member of the Neurology faculties of Boston University School of Medicine and Jefferson Medical College.

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

Here’s more from Abigail Tracy over at Vanity Fair on how Miller, one of America’s most disgusting and dangerous White Supremacists, is destroying the U.S. State Department as well as the DOJ and the DHS. What kind of country puts immoral individuals like this in positions of power and influence?

https://www.vanityfair.com/news/2018/08/stephen-miller-refugees-state-department

No more 1939s! We need regime change, starting in November!

PWS

08-14-18

 

THE GIBSON REPORT — 08-13-18 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Featuring Atlantic’s Franklin Foer & The Case For Ending The Current “ICEAge”

Gibson Report 08-13-18 Gibson Report 08-13-18

How Trump Radicalized ICE

The Atlantic: The early trump era has witnessed wave after wave of seismic policy making related to immigration—the Muslim ban initially undertaken in his very first week in office, the rescission of DACA, the separation of families at the border. Amid the frantic attention these shifts have generated, it’s easy to lose track of the smaller changes that have been taking place. But with them, the administration has devised a scheme intended to unnerve undocumented immigrants by creating an overall tone of inhospitality and menace.

 

Stepped Up Illegal-Entry Prosecutions Reduce Those for Other Crimes

TRAC: The push to prioritize prosecuting illegal border crossers has begun to impact the capacity of federal prosecutors to enforce other federal laws. In March 2018, immigration prosecutions dominated so that in the five federal districts along the southwest border only one in seven prosecutions (14%) were for any non-immigration crimes.

 

Immigration Judges Union Slams Trump Administration For Undermining Courts

HuffPo: The National Association of Immigration Judges alleges that Trump administration officials transferred the case of an undocumented immigrant away from a Philadelphia-based immigration judge because the judge didn’t give them the outcome they wanted: a swift order of deportation when the immigrant didn’t show up in court for a hastily scheduled hearing.

 

There Won’t Even Be A Paper Trail”: Has Stephen Miller Become A Shadow Master At The State Department?

Vanity Fair: For the past year, Miller has been quietly gutting the U.S. refugee program, slashing the number of people allowed into the country to the lowest level in decades. “His name hasn’t been on anything,” says a former U.S. official who worked on refugee issues. “He is working behind the scenes, he has planted all of his people in all of these positions, he is on the phone with them all of the time, and he is creating a side operation that will circumvent the normal, transparent policy process.” And he is succeeding.

 

Team Trumps Plot to Block Legal Immigrants from Citizenship

Daily Show: Despite the Trump administration’s campaign promise to focus on illegal immigration, White House senior adviser Stephen Miller is crafting a plan to limit legal immigrants’ access to citizenship and green cards, especially for those who have used public assistance.

 

The Port of Entry

NPR: The wait time for migrants seeking asylum at legal ports of entry along the U.S.-Mexico border has recently increased from hours to weeks, causing some families to camp out for days. We go to the border to meet some of the people waiting there and explain the asylum process in the United States.

 

Colorado couple fighting to stop adopted 4-year-old daughter from being deported

The Hill: The Becerras legally adopted Angela through Peruvian court, and sought to bring her back to the U.S. after the adoption was finalized in 2017…The tourist visa that Angela was eventually granted is set to expire at the end of this month, but her immigration case was denied without explanation, according to the couple.

 

ICE Crashed a Van Full of Separated Mothers, Then Denied It Ever Happened

TX Observer: On July 18, a cargo van transporting eight Central American mothers separated from their children under Trump’s “zero tolerance” policy crashed into a pickup truck in San Marcos. An ICE contractor was taking the women from a detention center near Austin to the South Texas Detention Complex in Pearsall to be reunited with their kids. Even though police said the van was too damaged to continue driving and the women reported injuries, ICE repeatedly denied the crash ever took place.

 

Under Trump arrests of undocumented immigrants with no criminal record have tripled

NBC: The surge has been caused by a new ICE tactic of arresting — without warrants — people who are driving or walking down the street and using large-scale “sweeps” of likely immigrants, according to a class-action lawsuit filed in June by immigration rights advocates in Chicago.

 

The Thousands of Bodies Along the US-Mexico Border

NPR: In the last 18 years, more than 2,800 migrant bodies have been found along the Arizona border with Mexico. About 1,000 of the bodies are unidentified. We speak with a woman trying to identify them.

 

U.S. Mayors Send Letter to USCIS Regarding Backlog of Citizenship Applications

On 7/30/18, a group of U.S. mayors sent a letter to USCIS regarding the consistent backlog of citizenship applications before USCIS. The mayors urge USCIS to take aggressive steps to reduce the waiting time for processing citizenship applications down to six months. AILA Doc. No. 18080901. See also CHRCL Partners With NPNA And Others To FOIA U.S. Citizenship And Immigration Service For Reasons Behind

Skyrocketing Naturalization Backlog.

 

Coney Island Man Indicted for Posing as Immigrant Assistance Service Provider and Filing Dozens of Allegedly Fraudulent Asylum Applications

Brooklyn DA: The District Attorney identified the defendant as Vadim Alekseev, 42, of Coney Island, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 21-count indictment in which he is charged with first-degree scheme to defraud, first-degree immigrant assistance services fraud, fourth-degree grand larceny, tampering with physical evidence and practicing or appearing as attorney-at-law without being admitted and registered. He was ordered held on $15,000 bail and to return to court on October 3, 2018. The defendant faces up to four years in prison if convicted on the top count.

 

LITIGATION/CASELAW/RULES/MEMOS

 

ACLU Files Lawsuit Regarding Expedited Removal and Matter of A-B-Asylum Policies

A federal judge ordered a woman and her daughter to be returned to the U.S. and threatened to hold AG Jeff Sessions in contempt after learning that they were in the process of being removed while a court hearing appealing their deportations was underway. (Grace, et al., v. Sessions, 8/9/18) AILA Doc. No. 18081004

 

Court rules Mexican mother can sue over cross-border Border Patrol shooting

Politico: A woman whose son was killed on Mexican soil by a U.S. Border Patrol agent in Arizona can sue for damages, a federal court ruled Tuesday. The U.S. Ninth Circuit Court of Appeals ruled that Border Patrol agent Lonnie Swartz is not entitled to qualified immunity, saying that the Fourth Amendment — which prohibits unreasonable searches and seizures — applies in this case.

 

DOJ Issues Statement on Court Order Ordering the Restoration of DACA Program

Attorney General Jeff Sessions issued a statement in response to the court order in the D.C. District Court, ordering the restoration of the DACA program, stating, “The Department of Justice will take every lawful measure to vindicate the Department of Homeland Security’s lawful rescission of DACA.” AILA Doc. No. 18080635

 

Federal Judge Certifies Class Action Against The Geo Group, Inc.

A District Court judge certified a class of current and former civil immigration detainees who performed work for The Geo Group, Inc. at its Northwest Detention Center in Tacoma, WA and were paid a $1 daily rate. (Nwauzor et al. v. The GEO Group Inc., 8/6/18) AILA Doc. No. 18080770

 

District Court Orders USCIS to Timely Adjudicate Initial EAD Asylum Applications

Following summary judgment briefing by both parties, the court ruled in Plaintiffs’ favor on July 26, 2018. The court ordered USCIS to follow the law and timely adjudicate initial EAD asylum applications. (Gonzalez Rosario v. USCIS, 7/26/18) AILA Doc. No. 15052630

 

Lawsuit Filed on Behalf of Parents Who Waived Right of Their Children to Pursue Asylum Claims

In a lawsuit filed on behalf of minor migrant children who were forcible separated from their parents and have been, or will be, reunified with them pursuant to Ms. L. v. ICE, the judge transferred three claims to be considered by the judge in the Ms. L. v. ICElawsuit. AILA Doc. No. 18080730

 

Judge Orders Full Restoration of DACA, with 20-Day Delay

A federal judge ruled that the Trump administration must fully restore the DACA program but delayed the order until 8/23/18 to allow the government to respond and appeal. (NAACP v. Trump, 8/3/18) AILA Doc. No. 17091933

 

BIA Dismisses Appeal, Finding Involvement in Animal Fighting Venture is CIMT

BIA reaffirmed its prior decision denying the respondent’s application for cancellation of removal and dismissed his appeal, finding that exhibiting or sponsoring an animal in an animal fighting venture is a crime involving moral turpitude. Matter of Ortega-Lopez, 27 I&N Dec. 382 (BIA 2018) AILA Doc. No. 18080637

 

BIA Reverses EWI Finding in Light of Respondents Credible Testimony

Unpublished BIA decision reverses finding that respondent was present without being admitted or paroled in light of his credible testimony that he last entered the country with a border crossing card. Special thanks to IRAC. (Matter of I-M-G-, 7/28/17) AILA Doc. No. 18080731

 

BIA Dismisses Appeal, Finding Respondent Ineligible for Cancellation of Removal

BIA found that the IJ properly determined that the respondent is ineligible for cancellation of removal following his violation of a protection order, because he has been convicted of an offense under INA §237(a)(2)(E)(ii). Matter of Medina-Jimenez, 27 I&N Dec. 399 (BIA 2018) AILA Doc. No. 18080736

 

BIA Holds Oklahoma Statute Not an Aggravated Felony Theft Offense

Unpublished BIA decision holds that larceny from a person under Okla. Stat. tit. 21 § 1701 is not an aggravated felony theft offense because it encompasses takings that were fraudulently obtained with the consent of the owner. Special thanks to IRAC. (Matter of Lopez-Hernandez, 7/14/17) AILA Doc. No. 18080937

 

BIA Rescinds In Absentia Order for Respondent Who Arrived Late to Hearing

Unpublished BIA decision rescinds in absentia order against respondent who arrived at 10:45 am for a 9:00 am hearing after his vehicle experienced a mechanical failure, finding that he did not fail to appear for his hearing. Special thanks to IRAC. (Matter of Rivas-Diaz, 7/18/17) AILA Doc. No. 18081044

 

BIA Holds Virginia Larceny Statute Not a Particularly Serious Crime

Unpublished BIA decision holds that grand larceny from the person under Va. Code Ann. 18.2-95 is not a particularly serious crime on its face, making it unnecessary to examine the underlying circumstances of the offense. Special thanks to IRAC. (Matter of J-J-V-, 7/18/17) AILA Doc. No. 18081300

 

BIA Finds Reentry As LPR Not an “Admission” Under INA 212(h)

Unpublished BIA decision holds that respondent was not subject to the aggravated felony bar in INA 212(h) because his reentry following a trip abroad did not qualify as an “admission” as an LPR. Special thanks to IRAC. (Matter of Reza, 7/18/16) AILA Doc. No. 18081303

 

ICE Information on the Document and Benefit Fraud Task Forces

ICE provides background information into the document and benefit fraud task forces, including the 28 locations around the United States. HSI has partnered with federal, state, and local counterparts to create these task forces. AILA Doc. No. 18080802

 

DOS Responds Regarding Impact of Travel Ban 3.0 on Visa Processing

A 6/22/18 letter from DOS to Senator Van Hollen on the impact of Presidential Proclamation 9645 (Travel Ban 3.0) on the processing of U.S. visas. Letter includes information about the number of applicants from impacted countries who have applied for visas and those who have been cleared for waivers. AILA Doc. No. 18080900

 

GAO Finds CBP Is Proceeding Without Key Information Regarding Border Barriers

The GAO reviewed DHS’s efforts to deploy barriers along the southwest border, and issued a report finding that CBP is evaluating designs and locations for border barriers but is proceeding without key information, such as an analysis of the costs based on location or segment, which can vary widely. AILA Doc. No. 18080903

 

RESOURCES

 

 

EVENTS

 

11/26-28/18 CLINIC & NITA “Advocacy in Immigration Matters”

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Check out Elizabeth’s first item, Franklin Foer’s outstanding article in The Atlantic on how Trump, Sessions, & Miller have turned ICE into a modern “Mini-Gestapo” deporting individuals who actually are contributing mightily to the United States and its economy while sowing terror in the ethnic communities. Sure sounds familiar to those of us who recently toured the Holocaust Museum.

That’s why 19 of the real “pros’ at ICE, the agents of Homeland Security Investigations (“HSI”), petitioned recently to escape from the toxic unproductive atmosphere of ICE and distance themselves from the tarnished “ICE brand” which actually greatly diminishes real law enforcement efforts.

Foer makes a compelling case for abolishing ICE and reconstituting its real law enforcement functions into a new agency with more professional and unbiased leadership. Not going to happen now. But, eventually there will be “regime change” in America (or America as we know it will cease to exist). When that happens, a meltdown of the current ICE and recasting it should be a top priority for Congress and the Executive.

Until then, the “New Due Process Army” (of which Elizabeth Gibson is a charter member) will be fighting ICE’s overkill (and, I might add, gross waste of taxpayer funds on counterproductive “enforcement”) every step of the way!

PWS

08-14-18

 

LA TIMES: FAILURE IN A NUTSHELL: HOW THE TRUMP/SESSIONS/MILLER/ WHITE NATIONALIST IMMIGRATION AGENDA HAS BEEN A DISASTER FOR AMERICA IN EVERY WAY! — GOP Congress Shares Blame For This Mess!

It’s been six weeks since a federal judge ordered the Trump administration to fix the crisis it created when it separated more than 2,500 children from their parents under a heartless policy designed to deter desperate families from entering the United States illegally. But the job of reunification still isn’t done, in part because the government failed to devise a system to track the separated families.

Some 400 parents reportedly have already been deported without their children, and the government apparently has no idea how to reach them. It’s a colossal snafu that is as appalling as it is inexplicable. Among the many inhumane immigration enforcement policies adopted in the first two years of the Trump reign, history may well regard this bit of idiocy as the worst.

Or perhaps not; the competition hasn’t closed yet. In fact, the Pentagon is working on plans, at Trump’s direction, to house 20,000 detained immigrants — including children this time — in secured areas of military bases while they await deportation proceedings. Yes, the Obama administration did something similar when it tried to deal with the inflow of unaccompanied minors from Central America. It was a bad idea then, and it’s a bad idea now; kids don’t belong in prisons on military bases. Under a court order, the government cannot hold minors for more than 20 days before releasing them to the custody of their parents, other relatives or vetted guardians.

When it comes to immigration, there has been such a flood of bad policies and ham-handed enforcement acts since Trump took office that it can be hard to keep it all straight.

First there was the ban on travel of people from mostly Muslim countries and then the effort to eliminate protections for so-called Dreamers who have been living in the country illegally since arriving as children. Hard-line Atty. Gen. Jeff Sessions has inserted himself in the immigration court system and overridden previous decisions over who qualifies for asylum; not surprisingly, the number of people granted protection has dropped as a result. President Trump also has throttled the flow of refugees resettled here; last year, for the first time since the passage of the 1980 U.S. Refugee Act, the United States resettled fewer refugees than the rest of the world, a significant step away from what had been an area of global leadership. (Over the last 40 years, the U.S. has been responsible for 75% of the world’s permanently resettled refugees.)

Then there’s this: The White House is reportedly drafting a plan that would allow immigration officials to deny citizenship, green cards and residency visas to immigrants if they or family members have used certain government programs, such as food stamps, the earned income tax credit or Obamacare.

And this: The now largely abandoned“zero tolerance” policy of filing misdemeanor criminal charges against people crossing the border illegally led to a surge of cases in federal court districts along the Southwest border as non-immigration criminal prosecutions plummeted, according to an analysis by the Transactional Records Access Clearinghouse. In fact, non-immigration prosecutions fell from 1,093 (1 in 7 prosecutions) in March to 703 (1 in 17 prosecutions) in June, suggesting that serious crimes are taking a back seat to misdemeanor border crossing.

Meanwhile, a Government Accountability Office report this week questions how U.S. Customs and Border Patrol set priorities in planning where to build Trump’s border wall, and said the agency failed to account for wide variations in terrain in estimating the cost — which means that extending the existing border walls and fences another 722 miles could cost more than the administration’s $18-billion estimate. And while the president crows that the wall will secure the border, it won’t, experts say. People will still find a way around, over or under it. And most drug smuggling already comes hidden in motor vehicles passing through monitored ports of entry. At best, Trump’s wall — if Congress is insane enough to approve funding — would be little more than a symbol of his arrogance, and of this country’s determination to seal itself off from the world.

Trump’s immigration policy has been characterized by unnecessary detention and inadequate monitoring that has allowed for abuses at detention centers — including sexual assaults and forced medication of children. The immigration court system is now overwhelmed by a backlog of 733,000 cases.

In short, it’s been a disaster. And through all of these fiascoes, there have been zero serious efforts in Congress or by the president for comprehensive reform of a system everyone acknowledges is broken.

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

Regime change is the only answer, beginning this November and continuing until Trump and his toxically incompetent White Nationalist Cabal are removed from office!

America is a great country that could reach its full potential and regain both economic and moral leadership among the world’s nations. But, it’s never going to happen while the majority of us are being governed by short-sighted, incompetent White Nationalists bent on letting their racist agenda destroy our country. Oh, and they are corrupt grifters too, never a good sign in leadership!

PWS

08-11-18

 

 

 

EUGENE ROBINSON @ WASHPOST: RACIST, WHITE NATIONALIST ADMINISTRATION DEHUMANIZES MIGRANTS OF COLOR — “All of this is happening because Trump has no respect for law or due process and no sense of empathy. He was reportedly upset this spring by a rise in border crossings by asylum-seekers, who by law had to be allowed to stay pending resolution of their claims. He and Sessions seized upon the pretext — for which they have not provided evidence — that children were being “trafficked” into the country for some reason.”

https://www.washingtonpost.com/opinions/does-the-trump-administration-see-central-americans-as-human/2018/07/30/90dc17d4-9432-11e8-810c-5fa705927d54_story.html?utm_term=.17b3b808d283

Robinson writes:

. . . .

If you have children, imagine how you would feel seeing them taken away like that. Hug your kids. Imagine not knowing where they are or whether you’ll ever get to hug them again.

Now imagine the terror and despair those 711 “ineligible” children must feel. It is monstrous to gratuitously inflict such pain. It is, in a word, torture.

In 120 cases, according to the government, a parent “waived” reunification with the child. This claim cannot be taken at face value, however, since immigration advocates cite widespread reports of parents being coerced or fooled into signing documents they did not understand.

Human nature binds parents with their children. It shocks and depresses me to have to write this, but I wonder whether Trump and his minions see these Central Americans — brown-skinned, with indigenous features — as fully human.

In 431 cases involving children between 5 and 17, officials reported, the parents have been deported. Where are they now? How could the government let this happen? If these parents were going to be denied permission to stay in the United States, what was the big hurry to kick them out? Why couldn’t the administration wait until their children could be brought back from wherever they were being kept?

Even more incredibly, in 79 cases, the children’s parents have been released into the United States. In other words, the parents have some legal status — but the government has their children.

And in 94 cases, according to Trump administration officials, the parents cannot be located. What are the odds, do you think, that these men and women will ever be found? Where do parents go to begin the process of tracking down their children? How do you tell a 5-year-old that she may never see her mother and father again?

That’s the reported situation for children 5 and older. The government is also still holding 46 children younger than 5 whom officials cannot or will not give back to their parents. Think of the trauma being inflicted on 2-year-olds — to make a political point.

All of this is happening because Trump has no respect for law or due process and no sense of empathy. He was reportedly upset this spring by a rise in border crossings by asylum-seekers, who by law had to be allowed to stay pending resolution of their claims. He and Sessions seized upon the pretext — for which they have not provided evidence — that children were being “trafficked” into the country for some reason.

“If you’re smuggling a child, then we’re going to prosecute you, and that child will be separated from you, probably, as required by law,” Sessions said in May. “If you don’t want your child separated, then don’t bring them across the border illegally.”

Think, for a moment, of the millions of Irish, Italian, Eastern European and other immigrants who “smuggled” children into the United States — families such as Trump’s own. The only difference is that those earlier immigrants, though sometimes rejected at first, came to be seen as white.

Brown immigrants need not apply. Not if they want to see their kids again.

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

Read Robinson’s complete op-ed at the above link.

“Right on” Eugene! We need “regime change,” sooner rather than later. And, we still don’t have an answer to Eugene’s earlier question: When, if ever, will Sessions and other Trump Administration officials be held accountable for their intentionally lawless and unconstitutional behavior?

PWS

07-31-18

COURTSIDE INSTANT REPLAY: REVISIT MY JAN. 26, 2018 “FRIDAY ESSAY” — “FROM MONTICELLO TO TRUMP, MILLER, SESSIONS, AND THE GOP WHITE NATIONALISTS”

FRIDAY ESSAY — FROM MONTICELLO TO TRUMP, MILLER, SESSIONS, AND THE GOP WHITE NATIONALISTS

 

BY PAUL WICKHAM SCHMIDT

 

Cathy and I recently visited Monticello. Unlike my first visit, decades ago, I found that the issue of slavery subsumed everything else. And, TJ as a person and a human being certainly got infinitely smaller during our time there.

How could someone like Jefferson, who understood human rights, actually “own” his common-law wife Sally Hemings and his own children as “property” — to be meticulously accounted for and “valued” (only in cash, not humanity) along with barrels of beer, cases of wine, hogsheads of tobacco, kegs of nails, books, and furniture?
What kind of “father” wouldn’t publicly acknowledge and show affection to his own children when they were living within a stone’s throw? How could a man who had a long-standing domestic relationship with a woman and fathered her children continue with the knowingly false narrative that African-American slaves were somehow “less than human” and therefore not entitled to freedom, dignity, education, fair compensation for their labor, or any of the other basic rights that Jefferson and his White upper class contemporaries took for granted?

Guys who got worked up about paying too much tax giving a “free pass” to their own exploitation of hundreds of thousands of enslaved individuals? (Remind you of any of today’s politicos of any contemporary party?)

 

And, no, Jefferson and the other slave-owning founding fathers don’t get a “free pass” as “products of their times.” That’s the type of “DAR sanitized non-history” we were fed in elementary and high school.

 

They were, after all, contemporaries of William Wilberforce who was speaking, writing, and fighting the (ultimately successful) battle to end slavery in England. We can also tell from the writings of Jefferson, Washington, Madison, and Monroe that they realized full well that enslavement of African-Americans was wrong. But, they didn’t want to endanger their livelihood (apparently none of them felt confident enough in his abilities to earn an “honest living”) or their “social standing” in a racist society. 

 

Truth is that guys who had the courage to risk their lives on a “long shot” that they could win their political freedom from England, lacked the moral courage to stop doing what they knew was wrong. Yes, they founded our great country! And, we should all be grateful for that. But, we shouldn’t forget that they also were deeply flawed individuals, as we all are. It’s critical for our own well-being that we recognize, not celebrate, those flaws.

 

Those flaws also caused untold human suffering. Largely untold, because enslaved African-Americans were denied basic education, outside social contact, and certainly possessed no “First Amendment” rights. There were few first-hand written accounts of the horrors of slavery. Of course, there were no national news syndicates or “muckraking journalists” to expose the truth of what really was going on “down on the plantations.”

 

One of the things our guide at Monticello described was that “passing for White” wasn’t necessarily the “great boon” that “us White guys” might think it was. It meant leaving your family, friends, and ancestry behind and creating a new “fake” ancestry to appease White society.

 

For example, if Jefferson’s “White” daughter had a “not so White” husband and children at Monticello, they could never have accompanied her into the “White World.” Indeed, even if such family members were eventually “freed,” acknowledging them as kin would bring down the whole carefully constructed “Whitehouse of cards.” 

 

For that reason, some light-skinned slaves who could have escaped and passed into White society chose instead to remain enslaved with their “dark-skinned” families and relatives. 

 

The “Father of American Independence” only freed three slaves during his lifetime (none of them apparently family members). And he only freed five slaves upon his death.

 

The rest were sold, some “down the river,” breaking up families, to pay the substantial indebtedness that Jefferson’s irresponsible lifestyle had run up during his lifetime. Even in death, his enslaved workers paid a high price for his disingenuous life.

 

So, the next time our President or one of his White Nationalist followers plays the “race card,” (and that includes  of course Latinos and other ethnic and religious minorities, not just African-Americans or African immigrants) think carefully about the ugly reality of race in American history, not the “sugar-coated version.”

 

While you’re at it, you should wonder how in the 18th year of the 21st Century we have elected a man and a party who know and acknowledge so little about our tarnished past and who strive so eagerly to send us backwards in that direction.

 

PWS

 

01-26-18

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

Here’s my original Jan. 26, 2018 post, along with the article by Professor Catherine Kerrison in the Washington Post that inspired it: https://wp.me/p8eeJm-21F

 

PWS

07-27-18

SEN. BRIAN SCHATZ (D-HI) @ LA TIMES: NO, FAILURE TO REUNITE MORE MIGRANT FAMILIES ISN’T JUST ABOUT THIS ADMINISTRATION’S UNDOUBTED INCOMPETENCE – IT’S REALLY ABOUT SESSIONS’S PURE, INTENTIONAL CRUELTY & RACISM! — “This policy reveals a darker side of America that has dehumanized black and brown people since our nation’s founding. Americans have stolen and enslaved black people, killed indigenous peoples and imprisoned Japanese Americans. The reason why this administration has pumped out racist rhetoric casting people as fish to be caught, infestations to be eradicated, and animals to be caged is because it has worked before.”

http://www.latimes.com/opinion/op-ed/la-oe-schatz-family-reunification-20180727-story.html

Senator Schatz writes:

The failure of the U.S. government to reverse the kidnapping of migrant children from their parents has been chalked up to incompetence. People want to believe that this act of extraordinary cruelty — and the Trump administration’s inability to fix it — stems from our leaders’ lack of experience or common sense.

But this too is a failure — of our collective imagination. Although the government claimed it met the Thursday deadline to reunite families, it admitted that hundreds of parents had been deported without their children. The separation policy was designed to inflict harm. And the resolution process is chaotic by design.

How else can we explain what has happened to these families? Some 14 million checked bags are managed by the Transportation Security Administration — and that’s just during Thanksgiving weekend. Even high school students can manage a coat check for an evening without losing everyone’s coats. They match each coat and owner with corresponding tickets, and do not store the coats outside the building, or even thousands of miles away from the event.

This administration will harm children in order to force Congress to agree to its absurd immigration policies.

The administration did not take even these basic measures when it began to separate children — not coats! — from their parents. It did not use corresponding numbers for the files of parents and children, or take photos of families together, or hand out hospital-style bracelets. It did not house families near one another, choosing instead to hold mothers in California and daughters in Chicago, fathers in Texas and sons in New York City.

In fact, the administration seems to have taken a comprehensive inventory of confiscated items — sneakers, toothpaste, rosaries — everything except which child belongs to which parent.

These are the actions of a government that intended to separate families but did not intend to reunite them. It meant to inflict so much suffering that other families wouldn’t make the dangerous trek. No matter how bad the violence might be in Central America, surely these families would choose to stay united rather than come and be separated.

In fact, through all the blather, the Trump administration has admitted as much.

“I would do almost anything to deter the people from Central America,” White House Chief of Staff John F. Kelly said in 2017. Even separate children from their parents, asked CNN’s Wolf Blitzer? “Yes.”

“We expect that the new policy will result in a deterrence effect,” Health and Human Services Assistant Secretary Steven Wagner told reporters in June.

“Hopefully people will get the message,” Atty. Gen. Jeff Sessions said casually on Fox News in June.

But according to the Department of Homeland Security, no one has been deterred. The number of families stopped at the border actually increased by 64% in the months after the administration began to separate families. So even if you could stomach traumatizing toddlers, this policy did not accomplish Sessions’ objective of sending a warning across the desert.

Still, cruelty has its uses. Across the country, Republicans have made the Trump administration’s immigration stance their rallying cry for reelection, running more than 14,000 campaign ads this year bragging about their efforts to “stop illegals.” And last month, Sessions spelled out the administration’s plan to use all the bad press for good.

“We do not want to separate parents from their children,” he clarified. “If we build the wall, if we pass legislation to end the lawlessness, we won’t face these terrible choices.”

In other words, this administration will harm children in order to force Congress to agree to its absurd immigration policies. But let’s be clear: No lawmaker of any party should ever accede to a legislative demand in response to the intentional infliction of harm.

The American people must also speak up. Our government has kidnapped children from their parents. It forces these lost boys and girls to say the Pledge of Allegiance while they are held captive in building wings named for U.S. presidents. (It is not hard to believe that President Reagan would be aghast.)

This is not who we are, we want to say, but that isn’t quite true. This policy reveals a darker side of America that has dehumanized black and brown people since our nation’s founding. Americans have stolen and enslaved black people, killed indigenous peoples and imprisoned Japanese Americans. The reason why this administration has pumped out racist rhetoric casting people as fish to be caught, infestations to be eradicated, and animals to be caged is because it has worked before.

Will it work again? That’s up to us.

Brian Schatz representsHawaii in the U.S. Senate.

 

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

Senator Schatz provides a clear, succinct, powerful statement as to why we need regime change if American is to remain a great, diverse nation that uses the full abilities and respects the lives, dignity, potential, and rights of all of those who reside here now and may do so in the future.

“MAGA” has always been a not-so-thinly veiled exhortation to “Keep America As White As Possible For As Long As Possible No Matter How Much Damage We Inflict.”

Yeah, I remember that after his confirmation, I was willing to give Sessions “the benefit of the doubt” and hope that he meant his sworn testimony that he would rise above his past as a partisan Senator and represent the rights and dignity of all Americans (which, of course, would include those Americans residing here and protected by our Constitution regardless of “status”).

However, it didn’t take long to see that it was just more of the perjury and lies that roll so effortlessly off Sessions’s tongue. What he actually intended all along was to use his good fortune in being somewhat unexpectedly elevated to the Attorney Generalship to carry out a heinous, racist, xenophobic, homophobic, restrictionist, extreme right program directed against people of color, women, children, and other vulnerable minorities. This is the type of horrible program that had always driven him, but that had been able to inflict little actual damage on America due to Sessions’s “outlier” position, even among his fellow GOP Senators.

To be fair, that’s precisely what Senator Elizabeth Warren, Senator Corey Booker, and the Black Caucus tried to tell the Senate and the rest of American during the confirmation process. But, they were silenced or ignored. Now, innocent kids, families, abused women, and the international reputation of our entire nation are all “paying the price” for Sessions as AG.

Vote for “regime change” this November. Vote for accountability, decency, the real “rule of law,” and to rein in and ideally remove Jeff Sessions from office before he can do further damage to humanity and to our country!

PWS

07-27-18

 

HON. NANCY GERTNER: CAN THE LOWER ARTICLE III COURTS SAVE AMERICAN DEMOCRACY FROM TRUMP, SESSIONS, AND THE SPINELESS SUPREMES’ MAJORITY? — “Then there is the even more absurd claim that family separation deters asylum-seekers from coming to the U.S. Asylum-seekers will not be deterred by Trump’s cruelty; they have already decided to risk a dangerous trek from Central America to the U.S. because they believe their families will be killed if they stay.”

https://www.huffingtonpost.com/entry/opinion-gertner-judiciary-trump_us_5b50d5a0e4b0b15aba8cc82b

Retired U.S. District Judge Nancy Gertner writes in HuffPost:

Justice Anthony Kennedy’s final writing as a member of the U.S. Supreme Court, his concurrence in the travel ban case, was a cri de coeur. It simply, even pathetically, lamented the court’s limited role in controlling a lawless executive.

Throwing up his hands, he wrote that the acts of government officials often are not subject to judicial scrutiny, while adding that this “does not mean those officials are free to disregard the Constitution and the rights it protects. The oath is not restricted to the actions that the Judiciary can correct.”

Wrong message, Mr. Justice.

Even though the travel ban the court upheld is not related to the asylum crisis — the travel prohibition is about immigrants coming here for all sorts of reasons, not asylum seekers fleeing violence in their country — to President Donald Trump, it does not matter. The high court’s decision is perceived as a vindication of all of his immigration policies, no matter how lawless, cruel and dysfunctional. And with Kennedy’s concurrence, it risks signaling that the judiciary will abdicate its own obligations to uphold our country’s laws and ideals.

Take “zero tolerance.” When asylum-seekers so much as step across the border, they are violating the law, according to this administration, even if they immediately present claims to an immigration official. The rule of law, the president insists, requires the prosecution of all crimes, no matter how trivial. This from the same man who pardoned former Arizona Sheriff Joe Arpaio after he was found guilty of flouting a court order to stop racial profiling.

Then there is the even more absurd claim that family separation deters asylum-seekers from coming to the U.S. Asylum-seekers will not be deterred by Trump’s cruelty; they have already decided to risk a dangerous trek from Central America to the U.S. because they believe their families will be killed if they stay. In fact, the number of asylum requests has increased notwithstanding Trump’s policies; its driving force is violence in asylum-seekers’ home countries, not U.S. immigration policy.

Nor are these asylum-seekers miscreants intent on defrauding the U.S. or committing crimes. This year, fewer than 1 percent of those apprehended have presented claims found to be false. Studies show that in general, undocumented immigrants — of whom asylum-seekers are a part — commit fewer crimes than those born in this country.

Worse, Trump now wants to deport asylum-seekers without any review. We don’t need more judges, he says, just more border cops. Where is the rule of law here?

A view of inside a U.S. Customs and Border Protection detention facility in Rio Grande City, Texas, last month.

HANDOUT . / REUTERS
A view of inside a U.S. Customs and Border Protection detention facility in Rio Grande City, Texas, last month.
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The Constitution’s due process requirement applies to anyone physically in the U.S., whether they have arrived legally or not. Likewise, international law requires us to review whether asylum-seekers’ claims of violence are credible, and if they qualify, let them in. And obviously, this government should not threaten to take children from their parents unless the families agree to voluntary deportation. That’s not just the absence of due process; it’s the presence of extortion.

If Kennedy signaled his belief that the court has very limited power to control an errant president, his putative replacement, federal Circuit Coury Judge Brett Kavanaugh, may well be worse. He does not just lament court’s limited power to control a president, he embraces it.

Kavanaugh has a particularly robust view of presidential power in certain areas — significantly, national security or immigration. In Klayman v. Obama, the D.C. Circuit ruled against a challenge to the National Security Agency’s metadata collection program on technical grounds, in a per curiam decision ― meaning an opinion of the entire court and not any individual judge. Kavanaugh, however, felt the need to file a concurring opinion.

Rather than simply signing on the decision, he went out of his way to make the breadth of the president’s national security power clear: Even if the collection program were the functional equivalent of a search, the government did not need to seek a warrant from a judge because the president said the program was necessary to combat terrorism and that need outweighed any impact on privacy.

Echoing Kennedy’s lament in the travel ban case, Kavanaugh added that while the chief executive and Congress may want to limit the program, until they do the judiciary was literally without the power to control it. Not only was the door to a constitutional challenge was firmly shut; he wanted to make certain that everyone knew it.

But there are judges who are not simply wringing their hands about the limits of judicial review over immigration issues, like Kennedy did, or who are bent on deferring to the president whenever he intones a national security rationale, as Kavanaugh might well do. They are working each day to prevent this president from running roughshod over the Constitution ― not just in the executive orders that he promulgates but in the way his orders and policies are implemented on the ground, in the day-to-day encounters on our borders.

A federal judge in California, a George W. Bush appointee, issued a nationwide injunction temporarily stopping the Trump administration from separating children from their parents at the border. Another in D.C. blocked the systematic detention of migrants who show credible evidence that they were fleeing persecution in their home countries, halting a practice that is an obvious and unlawful attempt to deter them and others from seeking refuge here.

There will surely be others, because these judges ― like the president ― also swore an oath to uphold the Constitution. But for them, unlike the president, it is not an empty promise.

Nancy Gertner served as a Massachusetts United States District Court judge from 1994 to 2011, when she retired  to teach at Harvard Law School. Her first memoir, In Defense of Women, was published in 2011, and a judicial memoir, Incomplete Sentences, will be published in 2019.

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

Almost everything that Trump and Sessions have said about asylum seekers and border policy is absurd — clearly refuted by the facts and by past failures.

Lies, racism, xenophobia, absurd positions, claims that are demonstrably false, just plain stupidity, fraud, waste, abuse, it’s all in a day’s work for Trump, Sessions, Miller, Nielsen, and the other White Nationalists firmly committed to the downfall of American democracy.

And, as Judge Gertner points out, they are aided and abetted by a spineless “go along to get along” Supreme Court majority unwilling to uphold their oaths of office and defend the Constitution and our country against the outrageously unconstitutional, cruel, unjustified, and immoral actions of the Trump Administration.

Can the lower Article IIIs stem the tide long enough for us to get “regime change” at the ballot box and save America? The answer is a resounding “maybe.” 

Better get out the vote in November to throw the White Nationalists/Putinists and their fellow travelers out of office. Otherwise, it might be too late for the world’s most successful democracy. 

PWS

07-22-18

 

 

 

 

NATION OF CHILD ABUSERS: WHILE MANY RIGHT WING APOLOGISTS (ALONG WITH ALAN DERSHOWITZ) PAN NAZI COMPARISON, ACTUAL HOLOCAUST CHILD SURVIVOR YOKA VERDONER UNDERSTANDS THE PARALLELS! — Child Abuse Is Child Abuse —Evil Is Evil — Damage Is Irreparable!

https://www.theguardian.com/commentisfree/2018/jun/18/separation-children-parents-families-us-border-trump?CMP=Share_iOSApp_Other

Holocaust survivor Yoka Verdoner in The Guardian:

The events occurring now on our border with Mexico, where children are being removed from the arms of their mothers and fathers and sent to foster families or “shelters”, make me weep and gnash my teeth with sadness and rage. I know what they are going through. When we were children, my two siblings and I were also taken from our parents. And the problems we’ve experienced since then portend the terrible things that many of these children are bound to suffer.

My family was Jewish, living in 1942 in the Netherlands when the country was occupied by the Nazis. We children were sent into hiding, with foster families who risked arrest and death by taking us in. They protected us, they loved us, and we were extremely lucky to have survived the war and been well cared for.

Yet the lasting damage inflicted by that separation reverberates to this day, decades hence.

Have you heard the screams and seen the panic of a three-year-old when it has lost sight of its mother in a supermarket? That scream subsides when mother reappears around the end of the aisle.

This is my brother writing in recent years. He tries to deal with his lasting pain through memoir. It’s been 76 years, yet he revisits the separation obsessively. He still writes about it in the present tense:

In the first home I scream for six weeks. Then I am moved to another family, and I stop screaming. I give up. Nothing around me is known to me. All those around me are strangers. I have no past. I have no future. I have no identity. I am nowhere. I am frozen in fear. It is the only emotion I possess now. As a three-year-old child, I believe that I must have made some terrible mistake to have caused my known world to disappear. I spend the rest of my life trying desperately not to make another mistake.

My brother’s second foster family cared deeply about him and has kept in touch with him all these years. Even so, he is almost 80 years old now and is still trying to understand what made him the anxious and dysfunctional person he turned into as a child and has remained for the rest of his life: a man with charm and intelligence, yet who could never keep a job because of his inability to complete tasks. After all, if he persisted he might make a mistake again, and that would bring his world to another end.

My younger sister was separated from our parents at five. She had no understanding of what was going on and why she suddenly had to live with a strange set of adults. She suffered thereafter from lifelong, profound depression.

I was older: seven. I was more able than my siblings to understand what was happening and why. I spent most of the war with Dick and Ella Rijnders. Dick was mayor of a small, rural village, and he and Ella lived in a beautiful house next to a wide waterway. Ella had a warm smile and Dick referred to me as his “oldest daughter”. I was able to go to school normally, make friends, and became part of village life. I was extraordinarily lucky, but I was not with my own parents, sister, and brother. And, eventually, I also had to leave the Rijnders, my loving second “family”. I was returning to my own family, but this meant another separation.

In later life, I was never able to really settle down. I lived in different countries and was successful in work, but never able to form lasting relationships with partners. I never married. I almost forgot to mention my own anxiety and depression, and my many years in psychotherapy.

My grief and anger about today’s southern border come not just from my personal life. As a retired psychotherapist who has worked extensively with victims of childhood trauma, I know all too well what awaits many of the thousands of children, taken by our government at the border, who are now in “processing centers” and foster homes – no matter how decent and caring those places might be. We can expect thousands of lives to be damaged, for many years or for ever, by “zero tolerance”. We can expect old men and women, decades from now, still suffering, still remembering, still writing in the present tense.

What is happening in our own backyard today is as evil and criminal as what happened to me and my siblings as children in Nazi Europe. It needs to be stopped immediately.

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

In fairness to Dershowitz he has asked President Trump to end the cruel and inhuman policy of child abusez/child separation. http://www.foxnews.com/opinion/2018/06/18/alan-dershowitz-mr-president-please-end-policy-separating-children-from-parents.html But, his “put down” of the parallels with Nazism is highly disingenuous for the following reasons:

  • This about race.  It is no accident that virtually all of the separated parents and kids are Hispanic and the few others affected are almost all “of color.”  We wouldn’t be having all this ruckus if the arrivals were White. Trump, Sessions, and Miller are White Nationalists in the “Bannon Mode.” Kelly and Nielsen have decided to come out of the closet and reveal their racist sympathies.
  • The harm is permanent. All experts say that the harm intentionally inflicted in these kids will be permanently disabling.  More blogging on that later.
  • We’re sending these families to concentration camps masquerading as countries. Make no mistake about it, most of these folks are refugees fleeing persecution and torture at the hands of gangs and cartels that basically are the government in much of the Northern  Triangle. Sessions & Trump have intentionally misconstrued the law, misrepresented facts, and violated Constitutional Due Process to artificially deny most of these individuals legal protections they deserve. Their return is likely to mean death, torture, a lifetime of abuse, extortion, rape, sexual enslavement, forced drug trafficking, or prostitution.  Others will be forcibly impressed into a life of serving the gangs because we have turned our collective backs on them. Inhumanity is inhumanity; it’s only a matter of degree. And, that the Nazis were even worse in no way makes any difference to those we are sentencing to death, torture, or a lifetime of abuse. Dead is dead. Tortured is tortured. Decapitated is functionally the same as shot or gassed.
  • Sessions keeps parroting that misdemeanor unlawful entry “isn’t a victimless crime.” Perhaps he’s right. The “victims” here are the migrants and their families seeking to exercise legal rights to apply for asylum. The “criminals” are Sessions, Trump, Nielsen, Miller, Kelly and other Administration hard liners who engage in child abuse rather than protection. And, they lie about what and why they are doing it.  Who will eventually bring the real criminals to justice?

PWS

06-19-18

 

 

 

JIM CROW’S RETURN: SESSIONS ENDS TOXIC WEEK BY REVEALING HIMSELF AS ANTI-CHRIST! — Makes Bogus Claim That Christian Teaching Supports Child Abuse & Cruelty In The Name of “The Law” — African Americans Well Understand AG’s Perverted Bible Quote Once Used To Justify Slavery And Dehumanization (As Well As Nazism & Apartheid) — Shines Spotlight On His Own Deviance From The Merciful, Healing, Kind, & Forgiving Message of Christ!

Here’s a wonderful response to Sessions by Kansas City Attorney Andrea C. Martinez:

The “Christian” B.S. Litmus Test
By , Andrea C. Martinez, Esq.

To my amazing friends who are atheist, agnostic, or non-Christian. To the good-willed and the pissed-off. To the people who are genuinely confused as to how Jefferson Sessions and Sarah Huckabee Sanders can use the Bible as a justification for abhorrent policies such as the separation of immigrant children from their parents at the border or the persecution of vulnerable asylum seekers, I am a Jesus-follower with a Bible degree from a Christian college and I GIVE YOU PERMISSION TO CALL B.S.

Please join me in calling B.S. whenever you hear people use the Bible to justify the oppression of others. Especially when they misuse and cite Romans 13 to justify their mistreatment. While Romans 13:4 calls us to submit to government authorities because “the one in authority is God’s servant for your good” it does not require us to submit to an unjust law. If the government authority is not acting in a way that reflects God’s law, which is the loving treatment of others, Jesus invites us to participate in civil disobedience. Remember when Jesus healed a man’s hand on the Sabbath in violation of the Jewish law (Mark 3:1-6) and says, “Which is lawful on the Sabbath: to do good or to do evil, to save life or to kill?” Matthew 3:4. Then he goes ahead and heals the man. There are numerous other examples in the Bible of civil disobedience that I would be happy to analyze with you at a different time (like the story of Shadrach, Meshach, and Abednego).

We must look first and foremost to Jesus Himself and His words when deciding whether a law is just and therefore should be followed. Jesus gave us a “Greatest Commandment” litmus test for determining which actions are really done in his name: “So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets.” Luke 6:31. And Jesus provided us a pretty simple “B.S. Litmus Test” (my words, not Jesus’!) to determine whether an action or law reflects His heart. The B.S. Litmus Test is this: “is this law/action/policy treating others as I would like to be treated?” (Matthew 7:12). And a second question would be, “does this law reflect love or fear?” If the latter, it is not from God. Because “perfect love casts out fear.” 1 John 4:18.

Regarding Jesus’ exact instructions on the treatment of immigrants, read Matthew 25: 34-46. Jesus refers to the immigrant/refugee/foreigner as “the stranger” and says, “Then the King will say to those on his right, ‘Come, you who are blessed by my Father; take your inheritance, the kingdom prepared for you since the creation of the world. For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink, I was a stranger (refugee/immigrant/foreigner) and you invited me in, I needed clothes and you clothed me, I was sick and you looked after me, I was in prison and you came to visit me.’ “Then the righteous will answer him, ‘Lord, when did we see you hungry and feed you, or thirsty and give you something to drink?When did we see you a stranger and invite you in, or needing clothes and clothe you? When did we see you sick or in prison and go to visit you?’

“The King will reply, ‘Truly I tell you, whatever you did for one of the least of these brothers and sisters of mine, you did for me.’

“Then he will say to those on his left, ‘Depart from me, you who are cursed, into the eternal fire prepared for the devil and his angels. For I was hungry and you gave me nothing to eat, I was thirsty and you gave me nothing to drink, I was a stranger and you did not invite me in, I needed clothes and you did not clothe me, I was sick and in prison and you did not look after me.’
“They also will answer, ‘Lord, when did we see you hungry or thirsty or a stranger or needing clothes or sick or in prison, and did not help you?’ “He will reply, ‘Truly I tell you, whatever you did not do for one of the least of these, you did not do for me.’ “Then they will go away to eternal punishment, but the righteous to eternal life.” -JESUS

PLEASE BE ON GUARD: when you hear a government official use a passage like Romans 13 to try to justify actions that contradict the commandments of Jesus Himself, it is akin to a lawyer trying to convince a judge that a policy or regulation should be followed even though a statute or the Constitution of the United States itself prohibits it. Oh wait, that is exactly what is happening in the Jeff Sessions video above. The United States has ratified international refugee treaties legally obliging our nation to consider the claims of each asylum-seeker on its own merit and the Attorney General has now created his own self-indulging policy persecuting asylum seekers as a “deterrent” to seeking the protection they are legally entitled to. Laws trump policies in the hierarchy of authority, and Jesus’ words trump unjust government action in the spiritual context.

So please join me in calling BS on policies that oppress the immigrant, the refugee, and the foreigner. No citation to Romans 13 can ever trump Jesus’ calling to love the immigrant in Matthew 25. I stand with Jesus-followers and non-Christians alike in the disgusted renunciation of any attempt to cite Holy Scripture as a justification to oppress the weak or the vulnerable. I proudly stand with Jesus and will continue to defend the “stranger” in my law practice as an act of worship to my Jesus who I know loves and cares for them even more than I do.

Thank You,

Andrea C. Martinez, Esq.

Attorney/Owner

” src=”blob:http://immigrationcourtside.com/1416d79c-b6be-44d1-aab8-d9f091b8c723″ alt=”cid:image001.jpg@01D238F4.0AFDDA30″ class=”Apple-web-attachment”>

7000 NW Prairie View Road, Suite 260

Kansas City, MO 64151

(816) 491-8105: phone

(816) 817-2480: fax

info@martinezimmigration.com

www.martinezimmigration.com

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Thanks Andrea!

I call B.S. But, then most of what Sessions says is B.S.

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Here’s another from JRube in the WashPost:

Attorney General Jeff Sessions displayed an appalling lack of appreciation for the religious establishment clause, not to mention simple human dignity. Speaking to a meeting of the U.S. Conference of Catholic Bishops, and in the wake of the Church’s condemnation of the barbaric policy of separating children from their parents at the border, Sessions proclaimed: “Persons who violate the law of our nation are subject to prosecution. I would cite you to the Apostle Paul and his clear and wise command in Romans 13 to obey the laws of the government, because God has ordained them for the purpose of order. Orderly and lawful processes are good in themselves and protect the weak and lawful.” Later in the day, White House press secretary Sarah Huckabee Sanders repeated his religious admonition to obey the law.

This is horrifically objectionable on multiple grounds. First, he is a public employee and must uphold the First Amendment’s establishment clause. If Sessions wants to justify a policy, he is obligated to give a secular policy justification. (Citing the Bible — inaptly — to Catholic bishops who exercise their religious conscience in speaking out against family separation may be the quintessential example of chutzpah.) Second, he is a policymaker, in a position tochange a position that is inconsistent with our deepest values, traditions and respect for human rights. Third, the bishops were not advocating civil disobedience; they were objecting to an unjust law. Sessions is trying to use the Bible to squelch dissent.

We should point out that invoking this Biblical passage has a long and sordid history in Sessions’s native South. It was oft-quoted by slave-owners and later segregationists to insist on following existing law institutionalizing slavery (“read as an unequivocal order for Christians to obey state authority, a reading that not only justified southern slavery but authoritarian rule in Nazi Germany and South African apartheid”).

I’m no expert in Christianity, but the Rev. Martin Luther King Jr. was when he drafted his letter from the Birmingham jail:

Since we so diligently urge people to obey the Supreme Court’s decision of 1954 outlawing segregation in the public schools, at first glance it may seem rather paradoxical for us consciously to break laws. One may well ask: “How can you advocate breaking some laws and obeying others?” The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that “an unjust law is no law at all.”

Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust.

Sessions perfectly exemplifies how religion should not be used. Pulling out a Bible or any other religious text to say it supports one’s view on a matter of public policy is rarely going to be effective, for it defines political opponents as heretics.

The bishops and other religious figures are speaking out as their religious conscience dictates, which they are morally obligated to do and are constitutionally protected in doing. A statement from the conference of bishops, to which Sessions objected, read in part:

At its core, asylum is an instrument to preserve the right to life. The Attorney General’s recent decision elicits deep concern because it potentially strips asylum from many women who lack adequate protection. These vulnerable women will now face return to the extreme dangers of domestic violence in their home country. This decision negates decades of precedents that have provided protection to women fleeing domestic violence.

Reminding the administration of the meaning of family values, the bishops continued, “Families are the foundational element of our society and they must be able to stay together. While protecting our borders is important, we can and must do better as a government, and as a society, to find other ways to ensure that safety. Separating babies from their mothers is not the answer and is immoral.”

The Catholics are not alone. The administration’s vile policy has alarmed a wide array of faith leaders. The Southern Baptist Convention issued their own statement. It is quoted at length because it is so powerful:

WHEREAS, Every man, woman, and child from every language, race, and nation is a special creation of God, made in His own image (Genesis 1:26–27); and

WHEREAS, Longings to protect one’s family from warfare, violence, disease, extreme poverty, and other destitute conditions are universal, driving millions of people to leave their homelands to seek a better life for themselves, their children, and their grandchildren; and

WHEREAS, God commands His people to treat immigrants with the same respect and dignity as those native born (Leviticus 19:33–34Jeremiah 7:5–7Ezekiel 47:22Zechariah 7:9–10); and

WHEREAS, Scripture is clear on the believer’s hospitality towards immigrants, stating that meeting the material needs of “strangers” is tantamount to serving the Lord Jesus Himself (Matthew 25:35–40Hebrews 13:2); and

WHEREAS, Southern Baptists affirm the value of the family, stating in The Baptist Faith and Message that “God has ordained the family as the foundational institution of human society” (Article XVIII), and Scripture makes clear that parents are uniquely responsible to raise their children “in the training and instruction of the Lord” (Ephesians 6:4).  . . .

RESOLVED, That the messengers to the Southern Baptist Convention meeting in Dallas, Texas, June 12–13, 2018, affirm the value and dignity of immigrants, regardless of their race, religion, ethnicity, culture, national origin, or legal status; and be it further

RESOLVED, That we desire to see immigration reform include an emphasis on securing our borders and providing a pathway to legal status with appropriate restitutionary measures, maintaining the priority of family unity, resulting in an efficient immigration system that honors the value and dignity of those seeking a better life for themselves and their families; and be it further

RESOLVED, That we declare that any form of nativism, mistreatment, or exploitation is inconsistent with the gospel of Jesus Christ; and be it further

RESOLVED, That we encourage all elected officials, especially those who are members of Southern Baptist churches, to do everything in their power to advocate for a just and equitable immigration system, those in the professional community to seek ways to administer just and compassionate care for the immigrants in their community, and our Southern Baptist entities to provide resources that will equip and empower churches and church members to reach and serve immigrant communities. . . .

Rabbi David Wolpe dryly observed that “until 2018, I don’t believe any reader of the Bible has argued that separating families is rooted in the Bible, and if the Bible is about obeying the government, it is hard to understand what all those prophets were yelling at the kings about.” (Meanwhile, 26 Jewish organizations sent a letter condemning the policy to Sessions.)

Peter Wehner of the Ethics and Public Policy Center has written extensively on the role of religion in politics. “I would say that this is just the most recent, but also one of the most egregious, ways that those who call themselves Christians are disfiguring and discrediting their faith. They are living in an inverted moral world, where the Bible is being invoked to advance cruelty,” he said. “Rather than owning up to what they are doing, they are trying to sacralize their inhumane policies. They are attempting to harm children and then dress it up as Christian ethics.”

He added: “This shows you the terrible damage that can be done to the Christian witness when the wrong people attain positions of power. They subordinate every good thing to their ideology, twisting and distorting everything they must to advance their political cause. In this case, it’s not simply that an authentic Christian ethic is subordinate to their inhumane politics; it is that it is being thoroughly corrupted, to the point that they are using the Bible to justify what is unjustifiable.”

If the administration is embarrassed by a policy they are trying to insist is required by law (that is untrue, and I know the prohibition against lying is very biblical) they should change it. Trump and his aides need to stop shifting blame to other politicians, and stop telling Christians what their obligations are. Frankly, the lack of outrage from Trump’s clique of evangelical supporters on this issue is not simply unusual given the near-universal outrage in faith-based communities, but is a reminder that leaders of  “values voters” traded faith for the political game of power and access. As Wehner put it, “To watch the Christian faith be stained in this way by people like Jeff Sessions and Sarah Huckabee Sanders is painful and quite a disturbing thing to watch. I don’t know whether they realize the defilement they’re engaging in, but that’s somewhat beside the point. The defilement is happening, and they are leading the effort. It’s shameful, and it’s heretical.”

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Remarkably, Sessions claims to be a Christian and a Methodist (although I can’t for the life of me find a speck of the actual kind, merciful, forgiving, teachings of Jesus Christ in any aspect of Sessions’s life, career, or actions). He’s one of the most “unChristian” people I’ve ever witnessed in American public life. And, I’ve seen some pretty bad actors, going all the way back to infamous Wisconsin GOP Senator Joe McCarthy! In his own way, Sessions is just as far removed from the true meaning of Christ’s teaching as his pagan, idolatrous boss, Trump.

At any rate, the Methodist Council of Bishops has joined other religious denominations in condemning Sessions’s policies of cruelty and child abuse.

Faith leaders’ statement on family separation

FOR IMMEDIATE RELEASE
Thursday, June 7, 2018

WASHINGTON, D.C. — The Council of Bishops of The United Methodist Church is joining other faith organizations in a statement urging the U.S. government to stop its policy of separating immigrant families.

Below is the full statement signed by dozens of faith organizations. Bishop Kenneth H.  Carter, president of the Council of Bishops, signed on behalf of the Council.

FAITH LEADERS’ STATEMENT ON FAMILY SEPARATION 

Recently, the U.S. Administration announced that it will begin separating families and criminally prosecuting all people who enter the U.S. without previous authorization. As religious leaders representing diverse faith perspectives, united in our concern for the well-being of vulnerable migrants who cross our borders fleeing from danger and threats to their lives, we are deeply disappointed and pained to hear this news.

We affirm the family as a foundational societal structure to support human community and understand the household as an estate blessed by God. The security of the family provides critical mental, physical and emotional support to the development and wellbeing of children. Our congregations and agencies serve many migrant families that have recently arrived in the United States. Leaving their communities is often the only option they have to provide safety for their children and protect them from harm. Tearing children away from parents who have made a dangerous journey to provide a safe and sufficient life for them is unnecessarily cruel and detrimental to the well-being of parents and children.

As we continue to serve and love our neighbor, we pray for the children and families that will suffer due to this policy and urge the Administration to stop their policy of separating families.

His Eminence Archbishop Vicken Aykazian
Diocesan Legate and
Director of the Ecumenical Office
Diocese of the Armenian Church of America

Mr. Azhar Azeez
President
Islamic Society of North America

The Most Rev. Joseph C. Bambera
Bishop of Scranton, PA
Chair, Bishops’ Committee for Ecumenical and Interreligious Affairs

Senior Bishop George E. Battle, Jr.
Presiding Prelate, Piedmont Episcopal District
African Methodist Episcopal Zion Church

Bishop Kenneth H. Carter, Jr.
President, Council of Bishops
The United Methodist Church

The Most Rev. Michael B. Curry
Presiding Bishop
Episcopal Church (United States)

The Rev. Dr. John C. Dorhauer
General Minister & President
United Church of Christ

The Rev. Elizabeth A. Eaton
Presiding Bishop
Evangelical Lutheran Church in America

The Rev. David Guthrie
President, Provincial Elders’ Conference
Moravian Church Southern Province

Mr. Glen Guyton
Executive Director
Mennonite Church USA

The Rev. Teresa Hord Owens
General Minister and President
Christian Church (Disciples of Christ)

Rabbi Rick Jacobs
President
Union for Reform Judaism

Mr. Anwar Khan
President
Islamic Relief USA

The Rev. Dr. Betsy Miller
President, Provincial Elders’ Conference
Moravian Church Northern Province

The Rev. Dr. J. Herbert Nelson II
Stated Clerk
Presbyterian Church (USA)

Rabbi Jonah Pesner
Director
Religious Action Center of Reform Judaism

The Rev. Don Poest
Interim General Secretary
The Rev. Eddy Alemán
Candidate for General Secretary
Reformed Church in America

Senior Bishop Lawrence Reddick III
Presiding Bishop, The 8th Episcopal District
Christian Methodist Episcopal Church

The Rev. Phil Tom
Executive Director
International Council of Community Churches

Senior Bishop McKinley Young
Presiding Prelate, Third Episcopal District
African Methodist Episcopal Church

###

Media Contact:
Rev. Dr. Maidstone Mulenga
Director of Communications – Council of Bishops
The United Methodist Church
mmulenga@umc-cob.org
202-748-5172

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Ed Kilgore over at NY Magazine also nails Sessions’s noxious hypocrisy:

http://nymag.com/daily/intelligencer/2018/06/no-jeff-sessions-separating-families-isnt-biblical.html?utm_source=Sailthru&utm_medium=email&utm_campaign=Daily%20Intelligencer-%20June%2015%2C%202018&utm_term=Subscription%20List%20-%20Daily%20Intelligencer%20%281%20Year%29

No, Jeff Sessions, Separating Kids From Their Parents Isn’t ‘Biblical’

By

St. Paul would probably like Jeff Sessions to keep his name out of his mouth. Photo: Getty Images

When he spoke to a law enforcement group in Indiana today, the attorney general of the United States was clearly angry about religious objections to his administration’s immigration policies. He may have had in mind incidents like this very important one this week (as notedby the National Catholic Reporter):

The U.S. bishops began their annual spring assembly by condemning recent immigration policies from the Trump administration that have separated families at the U.S.-Mexico border and threatened to deny asylum for people fleeing violence.

The morning session here began with a statement, but by its end escalated to numerous bishops endorsing the idea of sending a delegation to the border to inspect the detention facilities where children are being kept and even floating the possibility of “canonical penalties” for those involved in carrying out the policies.

Being a Protestant and all, Sessions has no fear of the kind of “canonical penalties” Catholic bishops might levy. But perhaps he is aware of an official resolution passed by his own United Methodist Church in 2008 (and reaffirmed in 2016), which reads in part:

The fear and anguish so many migrants in the United States live under are due to federal raids, indefinite detention, and deportations which tear apart families and create an atmosphere of panic. Millions of immigrants are denied legal entry to the US due to quotas and race and class barriers, even as employers seek their labor. US policies, as well as economic and political conditions in their home countries, often force migrants to leave their homes. With the legal avenues closed, immigrants who come in order to support their families must live in the shadows and in intense exploitation and fear. In the face of these unjust laws and the systematic deportation of migrants instituted by the Department of Homeland Security, God’s people must stand in solidarity with the migrants in our midst.

So Sessions decided he’d smite all these ninny-faced liberal clerics with his own interpretation of the intersection of Christianity and immigration:

In his remarks, Sessions hit back at the “concerns raised by our church friends about separating families,” calling the criticism “not fair or logical” and quoting scripture in his defense of the administration’s tough policies.

“Persons who violate the law of our nation are subject to prosecution. I would cite you to the Apostle Paul and his clear and wise command in Romans 13 to obey the laws of the government because God has ordained them for the purpose of order,” Sessions said. “Orderly and lawful processes are good in themselves and protect the weak and lawful.”

Those who are unacquainted with the Bible should be aware that the brief seven-verse portion of St. Paul’s Epistle to the Romans has been throughout the ages cited to oppose resistance to just about every unjust law or regime you can imagine. As the Atlantic’s Yoni Appelbaum quickly pointed out, it was especially popular among those opposing resistance to the Fugitive Slave Act in the run-up to the Civil War. It was reportedly Adolf Hitler’s favorite biblical passage. And it was used by defenders of South African Apartheid and of our own Jim Crow.

Sessions’s suggestion that Romans 13 represents some sort of absolute, inflexible rule for the universe has been refuted by religious authorities again and again, most quoting St. Augustine in saying that “an unjust law is no law at all,” and many drawing attention to the overall context of Paul’s epistle, which was in many respects the great charter of Christian liberty and the great rebuke to legalism in every form. Paul was pretty clearly rejecting a significant sentiment among Christians of his day: that civil authorities deserved no obedience in any circumstance.

Beyond that, even if taken literally, in Romans 13 Paul is the shepherd telling the sheep that just as they must love their enemies, they must also recognize that the wolf is part of a divinely established order. In today’s context, Jeff Sessions is the wolf, and no matter what you think of his policies, he is not entitled to quote the shepherd on his own behalf. Maybe those desperate women and men at the border should suck it up and accept their terrible lot in life and defer to Jeff Sessions’s idolatry toward those portions of secular immigration law that he and his president actually support. But for the sake of all that’s holy, don’t quote the Bible to make the Trump administration’s policies towards immigrant families sound godly. And keep St. Paul out of it.

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Last, but certainly not least among my favorite rebuttals to Sessions is this article from Marissa Martinelli at Slate incorporating a video clip from John Oliver which captures the smallness, meanness, and lack of humane values of Sessions perfectly:

https://slate.com/culture/2018/06/stephen-colbert-quotes-the-bible-to-jeff-sessions-video.html

Stephen Colbert Tells Jeff Sessions to Go Reread the Bible Before He Defends Trump’s Child Separation Policy

By

There’s nothing funny about the Trump administration’s policy of separating children from their parents at the border, which doesn’t make it an ideal topic for late night hosts. Stephen Colbert acknowledged that difficulty directly on The Late Show on Thursday night, explaining that he usually only addresses tragic stories on the show if everyone is already talking about them. But he’s willing to make an exception:

That’s my job: to give you my take on the conversation everyone’s already having. With any luck, my take is funnier than yours, or I would be watching you. But this story is different, because this is the conversation everybody should be having. Attorney General and man dreaming of legally changing his name to “Jim Crow” Jeff Sessions has instituted a new policy to separate immigrant kids from their parents at the border.

An estimated 1,358 children have been taken from their families so far, with some officials reportedly telling their parents that the children were being taken away for a bath, only to never return them. “Clearly, no decent human being could defend that,” said Colbert. “So Jeff Sessions did.”

Colbert, who is devoutly Catholic, especially took issue with Sessions quoting the bible—specifically, Romans 13, the same passage used to defend slavery in the 1840s—to justify the policy as morally acceptable. Colbert suggested that Sessions might want to go back and reread that bible, and quoted Romans 13:10 to him. “Love your neighbor as yourself. Love does no harm to a neighbor. Therefore love is the fulfillment of the law,” he recited, before ripping into Sessions’s use of the bible as a smokescreen: “I’m not surprised Sessions didn’t read the whole thing. After all, Jesus said, ‘Suffer the children to come unto me’ but I’m pretty sure all Sessions saw was the words children and suffer and said ‘I’m on it.’”

Colbert concluded the segment by borrowing a phrase from Samantha Bee: “If we let this happen in our name, we are a feckless … country.”

Here’s a link to the video:

https://www.youtube.com/watch?v=j4KaLkYxMZ8#action=share

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A NOTE TO MY WAYWARD CHILD, JEFF

I am very concerned about our relationship, Jeff.

For I was hungry Jeff, and you gave me nothing to eat.

I was thirsty, Jeff, and you gave me nothing to drink. 

I was a stranger seeking refuge, Jeff, and you did not invite me in.

I needed clothes, Jeff, and you clothed me only in the orange jumpsuit of a prisoner.

I was sick and in a foul prison you called “detention,” Jeff, and you mocked me and did not look after me.

I said “suffer the children to come unto me,” Jeff, and you made my children suffer.

In your arrogant ignorance, Jeff, you might ask when did I see you hungry or thirsty or a stranger or needing clothes or sick or in prison, and did not help you?’

But, Jeff, I was right there before you, in a caravan with my poor sisters, brothers, and children, having traveled far, seeking shelter and refuge from mistreatment and expecting mercy and justice under your laws. But, in your prejudice and ignorance, Jeff, you did not see me because I did not look like one of you. For you see, Jeff, as you did not show love, mercy, forgiveness, kindness, and human compassion for the least of my children, you did not do for me.

And so, Jeff, unless you repent of your wasted life of sins, selfishness, meanness, taking my name and teachings in vain, and mistaking your often flawed view of man’s laws for my Father’s will, you must go away to eternal punishment. But, the poor, the vulnerable, the abused, and the children who travel with me and those who give us aid, compassion, justice, and mercy will accompany me to eternal life.

For in truth, Jeff, although you yourself might be immoral, none of God’s children is ever “illegal” to  Him. Each time you spout such nonsense, you once again mock me and my Father by taking our names, teachings, and values in vain.

Wise up, Jeff, before it’s too late.

Your Lord & Would Be Savior,

J.C.

 

 

 

HON. JEFFREY CHASE: Speaking Out Against The “Notable Minority” Of U.S. Immigration Judges Who Demonstrated Bias Against Women & Asylum Seekers – “Think about that: some federally appointed immigration judges cheered the fact that women who had been violently raped and beaten in their country can no longer find refuge here, and will be sent back to face more violence, and possibly death. Will there be any consequences for their actions? Were the many outstanding immigration judges who have been proud to grant such cases in the past, who were saddened and sickened by this decision, able to openly jeer or weep or curse this decision? Or would that have been viewed as dangerous?”

Women Need Not Apply

Those looking for legal analysis should read no further.  The following is a cry from the heart.

The respondent’s personal nightmare began the year after her marriage.  For the next 15 years, she was subjected to relentless physical, sexual, and emotional abuse.

It is most apt that Donald Trump became president by beating a woman.  His campaign historically provoked millions to march in angry protest of his denigration of women on his first full day in office.

“The violence inflicted on [her] took many forms.  Her husband beat her repeatedly, bashing her against the wall and kicking her, including while she was pregnant.  He raped her on countless occasions.”

On Monday, Trump’s Attorney General announced that women who are victims of domestic violence should no longer be deemed to merit protection from our government in the form of political asylum.

Sessions’ action was shockingly tone deaf.  As the wonderful Rebecca Solnit wrote in her 2013 essay “The Longest War:” “We have an abundance of rape and violence against women in this country and on this Earth, though it’s almost never treated as a civil rights or human rights issue, or a crisis, or even a pattern.  Violence doesn’t have a race, a class, a religion, or a nationality, but it does have a gender.”  The year after Solnit wrote those words, our Department of Justice took a step in the right direction.  In recognizing domestic violence as a basis for asylum, our government was finally recognizing such gender-based abuse as a human rights issue, at least in the limited forum of immigration law.

“He also frequently threatened to kill her, at times holding a knife to her neck, and at other times brandishing a gun or, while she was pregnant, threatening to hang her from the ceiling by a rope.”  The above were supported by sworn statements provided by the respondents’ neighbors.

It is only very recently that our society has begun to hold accountable those who commit gender-based abuses against women.  #MeToo is a true civil rights movement, one that is so very long overdue.  In opposing such movement, Jeff Sessions is casting himself as a modern day George Wallace.  It bears repeating that no one, no one, was challenging the settled precedent that victims of domestic violence may be granted asylum as members of a particular social group.  When the precedent case was before the Board of Immigration Appeals, the Department of Homeland Security, i.e. the enforcement agency prosecuting the case, filed a brief in which it conceded that the group consisting of “married women in Guatemala who are unable to leave their relationship” satisfied all of the legal criteria, and was therefore a proper particular social group under the law.  No one has appealed or challenged that determination in the four years since.  Who is Jeff Sessions, who has never practiced immigration law in his life, to just toss out such determination because he and only he disagrees?

The respondent’s “husband controlled, humiliated, and isolated her from others.  He insulted her ‘constantly,’ calling her a ‘slut’ or ‘dog.’  He did not want her to work outside the house and believed ‘a woman’s place was in the home like a servant.’  When he came home in the middle of the night, he forced her out of bed to serve him food, saying things like ‘Bitch, feed me.”

Like Wallace before him, who in 1963 stood in front of the door of the University of Alabama trying in vain to block the entry of four black students, Sessions is trying to block a national movement whose time has come.  As with Wallace and the Civil Rights Movement, justice will eventually prevail.  But now as then, people deserving of his protection will die in the interim.

“Although [her] husband frequently slept with other women, he falsely accused her of infidelity, at times removing her undergarments to inspect her genitals.  He also beat their children in front of her, causing her serious psychological damage.”

The AG’s decision was intentionally released during the first day of the Immigration Judges’ Training Conference.  There have been ideological-based appointments of immigration judges under both the Trump and Bush administrations.  Several persons present at the conference reported that when the decision was announced, some immigration judges cheered. It was definitely a minority; the majority of immigration judges are very decent, caring people.  But it was more than a few; one of my sources described it as “many,” another as “a noteworthy minority.”

Think about that: some federally appointed immigration judges cheered the fact that women who had been violently raped and beaten in their country can no longer find refuge here, and will be sent back to face more violence, and possibly death.  Will there be any consequences for their actions?  Were the many outstanding immigration judges who have been proud to grant such cases in the past, who were saddened and sickened by this decision, able to openly jeer or weep or curse this decision?  Or would that have been viewed as dangerous?

The respondent “believes her life will be in danger” if returned to her country, “where her ex-husband, supported by his police officer brother, has vowed to kill her.  She does not believe there is anywhere” in her country “she could find safety.

Victims of domestic violence will continue to file applications for asylum.  They will argue before immigration judges that their claims meet the legal criteria even under the AG’s recent decision.  Unfortunately, some of those applicants will have their cases heard by immigration judges who, when they heard that the woman whose claim was described in the italicized sections was denied asylum by Jeff Sessions, and will now likely be deported to suffer more such abuse or death, cheered.

The sections in italics are the facts of the asylum-seeker in Matter of A-B-, (including quotes from her appeal brief) who was denied asylum on Monday by Jeff Sessions.

Copyright 2018 Jeffrey S. Chase.  All rights reserved.

 

 

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

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Look no further to understand why the U.S. Immigration Courts have been struggling for years with issues of quality control, bias, prejudice, and un-judicial conduct. That’s notwithstanding that the vast majority of us were working hard to be “honest referees,” set good examples, and treat those coming before us with dignity, respect, fairness, and humanity. A few colleagues who “don’t get the message” or who operate in a “parallel universe” actually bring the whole system into disrepute and undermine the efforts of those functioning as fair and independent judges.
And, make no mistake about it, Jeff Sessions aims to institutionalize bias, disrepute, and “worst judicial practices.” He’s designing a system that will reward scofflaws like him while punishing and forcing out judges who conscientiously adhere to their oath to put Due Process first! Look at what’s happening in the rest of the DOJ under Sessions, as talented and conscientious career attorneys are being displaced by political hacks with law degrees.
Following A-R-C-G-, the BIA, an inherently conservative tribunal if ever there was one, had made some modest progress in reigning in the minority of Immigration Judges who historically had anti-asylum attitudes, particularly toward women from the Northern Triangle. Sessions intentionally derailed such efforts and gave ugly encouragement to judges to “do whatever is necessary” to deny virtually all PSG claims that have provided refuge for Central Americans.
An independent U.S. Immigration Court with a strong and diverse Appellate Division and a merit selection system for judges supervised by the Article III Courts would be a necessary initial step in correcting these defects while establishing a system that will fairly and efficiently decide cases — without “bogus gimmicks” like trying to block access to entire groups of migrants, intentionally blocking access to counsel, using the court system as a “deterrent,” or using cruel, inhuman, and degrading detention practices to duress migrants into surrendering their already limited rights.
Eventually, as Jeffrey says, Sessions’s White Nationalist program of “turning back the clock” for women of color and other asylum seekers will fail. The current “Rogue State,” will be replaced by a Government re-committed to Due Process for all, regardless of status, and to re-establishing the U.S. as a leader in promoting and respecting international standards for refugee protection.
Inevitably, many, including defenseless women and children, will die unnecessarily, be tortured, and suffer other unspeakable human rights abuses during our struggle to end the “Trumpist Rogue State” and re-establsh the principles of liberal democracy and humanitarian international leadership in the United States. While such deaths and human rights abuses might be an inevitable result of the abusive reign of Trump and Sessions, nobody, particularly those claiming to be fair and impartial judges, should cheer or glory in that obscene result!
PWS
06-15-18