RICHARD WOLFFE IN THE GUARDIAN: TRUMP FAMILY, SESSIONS, OTHER AIDES AFFLICTED WITH DEBILITATING CASES OF “MOSCOW MEMORY!”

https://www.theguardian.com/commentisfree/2017/nov/14/trump-administration-moscow-memory?CMP=Share_iOSApp_Other

“Sadly this sickness may have started inside the Trump family. Jeff Sessions is just a hapless victim of some brain-corroding virus
For so many people who are close to Donald Trump, Russia is the Bermuda Triangle of their memory.

Conversations and meetings seem to pass through this mysterious quadrant of their brains and simply disappear. Even when the wreckage is found on some server or other, they profess ignorance, confusion or innocence. And sometimes all three at once.

On Tuesday the synapses inside the skull of attorney general Jeff Sessions magically reconnected around a March 2016 campaign meeting in which he heard Trump’s point man on Russian policy discuss how the candidate could get together with one Vladimir Putin.

 

This is kind of awkward since Sessions had sworn, like the honorable southern gentleman that he is, that there were no absolutely no such contacts with the Russians, no siree.

Fortunately for the former senator, his amnesia has recovered enough to remember that he pooh-poohed the idea of a Trump-Putin meeting. Somehow he could remember none of the other sordid details of what normal people would call collusion.

Donald Trump Jr communicated with WikiLeaks during final stages of election
“I had no recollection of this meeting until I saw these news reports,” Sessions told the House judiciary committee, before he recalled only the details of the meeting that made him look good.

Sadly this sickness may have started inside the Trump family itself, in which case Sessions is just a hapless victim of some brain-corroding virus. After all, Donald Trump Jr, the president’s son, shows repeated symptoms of Moscow Memory.

It is only five long months since we learned about the slick-haired son’s meeting with a Russian lawyer. Luckily his father was on hand to draft a press statement saying the meeting was no big deal: just a casual chat about Russian adoptions.

But then there were all those leaked emails from Trump Jr himself in which he set up the “adoptions” meeting. “I love it,” he wrote, when offered a Russian government trove of “official documents and information that would incriminate Hillary”.

Once the emails were public, Trump Jr denounced the leaks and claimed he was being wonderfully transparent after all.

This makes the latest leaks – involving WikiLeaks, no less – all the more conclusive in diagnosing this Putin-induced amnesia. It also makes them more exquisitely ironic.

As reported by the Atlantic, in the final stages of last year’s presidential election, our forgetful protagonist was coordinating campaign efforts and tweets with WikiLeaks.”

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

Good thing Mrs. Sessions accompanies him to these hearings. Otherwise, I doubt that Ol’ Gonzo could find the hearing room or his way back home. How does he even know what day it is or remember his name?

PWS

11-15-17

JRUBE@WASHPOST: GONZO HAS “THE WORLD’S WORST MEMORY!”

https://www.washingtonpost.com/blogs/right-turn/wp/2017/11/14/has-jeff-sessions-got-the-worlds-worst-memory-or-what/

Rubin writes:

“Attorney General Jeff Sessions’s defense for apparently misleading Congress about his knowledge of campaign contacts with Russians is that he has a bad memory. No, honestly. The man who now oversees the entire Justice Department might have heard about contacts with Russia, but no alarms went off, nothing was seared into memory and no action was taken. Even if you believe Sessions, his testimony is damning.

. . . .

It may be that Sessions is struggling to deflect pressure for him to investigate Clinton. However, that would simply be evidence of the president’s total lawlessness and would suggest that Sessions is not being candid when he denies pressure to investigate Clinton. The proper response to outside pressure to use the Justice Department as a political weapon against political opponents should be: Forget it. If that pressure continues, a responsible attorney general would either quit or force the president to fire him (as acting attorney general Sally Yates did when she refused to litigate the travel ban).

Finally, if Sessions’s memory is so poor, one wonders how he can reliably answer questions that the special counsel will no doubt ask about the firing of former FBI director James B. Comey and Russian collusion. An attorney general who remembers nothing might escape implicating the president or others — but it also suggests he should never have been given the job.”

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Read the entire op-ed at the link.

Couldn’t have said it better myself.

PWS

11-15-17

SESSIONS DEFENDS FAULTY MEMORY, BUT “AYATOLLAH ROY” – NOT SO MUCH!

http://www.latimes.com/nation/la-na-pol-sessions-russia-hearing-20171114-story.html

Joseph Tanfani and Cathleen Decker report for the LA Times:

“Atty. Gen. Jeff Sessions repeatedly denied Tuesday that he deliberately misled or lied to Congress about the Trump campaign’s multiple contacts with Russia, saying he forgot that two aides told him about their meetings with Russian government officials during the 2016 race.

In an often-contentious House Judiciary Committee hearing, Sessions sparred for more than five hours with Democrats, who faulted him for changing his story each time he has testified under oath before Congress, and some Republicans, who pushed him to appoint a second special counsel to investigate Hillary Clinton.

Sessions grew visibly angry at times, insisting again and again that he “always told the truth” as he recalled it, even as he confirmed for the first time that an aide offered to help arrange a meeting between Trump and Russian President Vladimir Putin last March. Sessions said he “pushed back” against the offer.

“In all of my testimony, I can only do my best to answer all of your questions as I understand them and to the best of my memory,” he said.

“But I will not accept, and reject accusations, that I have ever lied,” he added. “That is a lie.”

The nationally-televised hearing was the latest sign of how last year’s bitter presidential campaign has yet to recede. Harsh questions about the Democratic nominee’s alleged misdeeds collided with national security concerns of whether President Trump’s current or former aides helped Russia meddle in an American election — the focus of a special counsel investigation led by former FBI Director Robert S. Mueller III.

Sessions held firm against Republicans who pressed him to swiftly appoint another special counsel to focus on Clinton. Senior prosecutors at the Justice Department were reviewing the record and it would “be done without political influence,” he said.

After Rep. Jim Jordan (R-Ohio) laid out a long list of allegations that he said indicated wrongdoing, Sessions responded sharply. “I would say ‘looks like’ is not enough basis to appoint a special counsel,” he said.

Rep. John Conyers of Michigan, the House committee’s top Democrat, said the allegations against Clinton — which chiefly involve her use of a private email server as secretary of State, fundraising for the Clinton Foundation, and an Obama administration decision in 2010 to approve sales of uranium to a Russian company — have been “carefully examined and completely debunked” and said the threat of jailing political opponents after an election is something that would happen in “a banana republic.”

The often testy back-and-forth on Russia largely echoed Sessions’ three previous appearances on Capitol Hill this year, creating more heat than light as lawmakers confronted Sessions with his previous statements and other evidence that contradicted his claims, and the attorney general insisting he did “not recall” dozens of times in response.

“I have been asked to remember details from a year ago, such as who I saw on what day, in what meeting, and who said what when,” he said.

He blamed his faulty memory on the political and organizational maelstrom of Trump’s insurgent presidential campaign. The four-term senator from Alabama joined Trump’s side early on and became his top foreign policy advisor.

“It was a brilliant campaign in many ways,” he said. “But it was a form of chaos every day from Day One. We traveled all the time, sometimes to several places in one day. Sleep was in short supply.”

. . . .

Rep. Karen Bass (D-Los Angeles) challenged Sessions to explain an FBI report made public in October that said “black identity extremists” were intent on killing law enforcement officers. She said all the groups named were from decades ago, and asked him if any such groups existed today. He said he did not know of any.

He said he was aware of no similar report on white extremist groups, such as the white supremacists who rallied in Charlottesville, Va., in August. Later, he said he did not have a senior staff member who is African American, and said Trump has appointed just one African American as a U.S. attorney.

Sessions also declined to defend Roy Moore, the Republican candidate in the special election to decide Sessions’ old Senate seat in Alabama. Moore now faces charges of being a serial predator of teenage girls, with five women coming forward to describe their encounters.

“I have no reason to doubt these young women,” he said of Moore’s accusers, adding that he would consider whether the Justice Department should open an investigation. “We would do our duty,” he said. He said he has followed advice from the department’s ethics lawyers and avoided any involvement in the campaign.”

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Read the complete article at the link.

Doesn’t seem that unreasonable to expect a former Senator and a guy who got himself appointed and confirmed to the highest legal job in the country to remember key events that happened less than two years ago.

Sessions should contrast his performance with the way some U.S. Immigration Judges exercising his delegated authority treat memory lapses by barely literate individuals trying to go back into traumatic events that happened a decade or more ago. Would that our U.S. Immigration Courts were all as forgiving of others as Sessions is of himself. Perhaps, he needs to ease up a bit on the “gonzo enforcement” push and act more like a human being. Not a bad idea for someone seeking better and more sympathetic treatment for himself.

PWS

11-14-17

JOE PATRICE @ ABOVE THE LAW: WE NOW HAVE “SCIENTIFIC PROOF” THAT IMMIGRATION LAWYERS ARE “INCREDIBLY USEFUL” — IN FACT, THEY ARE ESSENTIAL TO DUE PROCESS — So, Why Are Sessions & His Minions Smearing Lawyers & Trying To Railroad More Migrants Through The System Without Fair Hearings?

We Have Scientific Proof That Lawyers Are Incredibly Useful

Patrice writes:

“So instead of fighting whether or not the feds can order cops to bust up the local Motel 6, cities can just hire some lawyers.

This is the lie of every talking head that praises building a wall but adds, with all faux sincerity, that they have “no problem with legal immigrants.” Almost half of the people shuttled through assembly line deportation hearings actually fit within legal immigration protections, but the complexity of the system — not to mention language barriers — make them victims of the bureaucracy.

If that projection is correct, NYIFUP cases result in immigrant victories 48 percent of the time. As Oren Root, director of the Vera Institute’s Center for Immigration and Justice, puts it, that means that of every 12 immigrants who are winning at Varick Street right now, 11 would have been deported without a lawyer.

That finding challenges a widely held assumption about immigration court: that most immigrants who go through it don’t qualify for the types of protection that Congress has laid out for particularly compelling cases. The Vera finding implies that, in fact, many immigrants do deserve relief as Congress and the executive branch have established it — but that hundreds of thousands of them have been deported without getting the chance to pursue those claims.

New York’s program has inspired 12 more cities to adopt the program. It’s put up or shut up time for the Department of Justice — if they’re really committed to proving some undocumented migrant is in violation of the law, then stand up and make that case in court.

Against a real attorney.

Unless they’re chicken.”

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Read the complete article at the link. I have previously reported on the VOX News Article and the Vera study.

I think Patrice has hit the nail on the head. Sessions, Miller, Bannon and the White Nationalist crowd are biased bullies picking on the most vulnerable and disadvantaged. Like all bullies, they have absolutely no desire to compete fairly on a level playing field.

The Vera report confirms what many of us involved in the field have been saying for years: a significant portion of those going through Immigration Court, probably 50% or more are entitled to be in the US. Without lawyers, such individuals have little or no chance of making and succeeding on claims that would allow them to stay. Since at least one-third of individuals (and a much higher percentage of detained individuals) are unrepresented, we are unlawfully removing tens of thousands of individuals each year, in violation of due process. And nothing aggravates this unfairness more than unnecessary detention (in other words, the majority of immigration detention which involves individuals who are not criminals, security threats, or threats to abscond if they are represented and understand the system).

A competent and conscientious Attoyney General would work cooperatively with private bar groups, NGOs, and localities to solve the representation crisis and drastically reduce the use of expensive and inhumane immigration detention. But, Sessions is moving in exactly the opposite direction, in violation of constitutional principles of due process, practical efficiency, and basic human decency.

PWS

11-13-17

EUGENE ROBINSON IN WASHPOST: “The Clown Goes Abroad!”🤡🤡🤡🤡🤡🤡

https://www.washingtonpost.com/opinions/the-clown-goes-abroad/2017/11/13/854b7186-c8b7-11e7-8321-481fd63f174d_story.html

“We are running a terribly unwise experiment: What happens when you replace U.S. presidential leadership with the slapstick antics of a clown?

On Saturday, President Trump issued the following statement: “Why would Kim Jong Un insult me by calling me ‘old,’ when I would NEVER call him ‘short and fat?’ Oh well, I try so hard to be his friend — and maybe someday that will happen!”

There is a natural tendency to become inured to Trump’s gushing stream of nonsense. Resist the urge. Read that statement again. The president of the United States, in the midst of a trip to Asia, taunted the nuclear-armed dictator of North Korea in a manner most sixth-graders would consider juvenile.

There was a time when the world looked to the U.S. president to speak clearly in defense of freedom, democracy, the rule of law and respect for human rights. I refer to the entirety of modern U.S. history before January, when Trump assumed the high office he now dishonors.

His Asia tour has been at times a disaster, at times a farce. What was the most shameful moment? Perhaps when he announced that he has a “great relationship” with Philippine President Rodrigo Duterte, who has encouraged police and vigilantes to fight the trade in illegal drugs by assassinating suspected traffickers without the bother of arrests or trials. At least 7,000 and perhaps as many as 13,000 people have been slain.

The White House claimed that human rights came up “briefly” in a private meeting between the two leaders, but Duterte said it didn’t come up at all. In fact, during a gala dinner, the buffoonish Duterte serenaded Trump with a Philippine ballad that includes the lyric, “You are the love I’ve been waiting for.”

The spectacle was simply appalling. One might argue, however, that Trump’s kowtowing to Russian President Vladimir Putin was even worse.

The U.S. intelligence community has concluded that the Russian government directed a multipronged campaign to meddle in the 2016 election, with the aim of helping Trump win. Putin denies having committed this hostile act, and Trump, for some reason, takes the former KGB officer at his word.”

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Read the rest of,the story at the link.

What about the clowns 🤡 who voted to make this idiot the Clown-in-Chief 🤡 over the objections of the majority of us?

PWS

11-13-17

 

O CANADA: TRUMP POLICIES AID CANADIAN LOBSTERMEN AT THE EXPENSE OF MAINE! — CANADA BRACES FOR INFLUX OF “TPSers” FLEEING US!

Ana Swanson reports in the NY Times:

“When Americans think about lobster, Maine often comes to mind. But Nova Scotia has emerged as a fierce competitor in exporting lobsters, particularly to Europe. Last year, American lobstermen sold only slightly more to Europe than their Canadian counterparts.
That balance could soon shift given the Canadian-European trade pact, which eliminated an 8 percent European tariff on live lobster when it went into effect in September. Tariffs on frozen and processed Canadian lobster will be phased out in the next three to five years as part of the agreement.
The elimination of European tariffs is “the single most challenging issue” for the American lobster industry, said Annie Tselikis, the executive director of the Maine Lobster Dealers’ Association, which represents companies that buy lobster from Maine fishermen. “This trade agreement does give Canada a huge leg up in the European marketplace,” she said.
Ms. Tselikis said the pact was encouraging American companies to invest in new facilities in Canada to qualify for the lower European tariff.
“If the argument is you’re not going to develop this trade policy because you’re worried about outsourcing jobs — well, here we are, potentially outsourcing jobs due to an absence of trade policy,” she said.”

Read the complete article here:

Meanwhile, Alan Freeman reports in the Washington Post that the Trump Administration might be on the verge of  driving tens of thousands of American residents with useful job skills over our Northern Border:

“OTTAWA — In late October, starkly worded warning signs began appearing on the Canadian border with New York state and Vermont aimed at discouraging would-be asylum seekers fleeing the United States.

“Stop. It is illegal to cross the border here or any place other than a Port of Entry. You will be arrested and detained if you cross here.”

“Not everyone is eligible to make an asylum claim,” reads a second sign. “Claiming asylum is not a free ticket into Canada.”

As the Trump administration signals that it may soon remove the Temporary Protected Status designation from more than 300,000 Central Americans and Haitians, threatening them with deportation, Canadian officials are bracing for a new wave of asylum seekers flooding over the border.

Already this week, acting U.S. Homeland Security Secretary Elaine Duke announced she was lifting protected status for 2,500 Nicaraguans, effective January 2019. And while she extended the same protection for 57,000 Hondurans until July 2018, she warned that protection may end at that time.

A new sign posted by Canadian authorities at the border between Canada and the United States. (Canada Border Services Agency)
The U.S. government decided to protect both groups from deportation following the devastation wrought by Hurricane Mitch in 1999, and the measures were repeatedly renewed until this year. Duke said the original conditions justifying that protection “no longer exist.” Canada and its immigrant-friendly policies may be seen as a viable alternative for those reluctant to return to their countries of origin.

. . . .

Just last week, the government published a three-year plan aimed at accepting almost 1 million immigrants as permanent residents, with a clear bias toward economic migrants, who will make up 58 percent of the total. The balance will be shared between family and refugee classes.

 

Public reaction to the plan, which will see intake grow steadily from 300,000 in 2017 to 310,000 in 2018, 330,000 in 2019 and 340,000 in 2020, has been generally positive with many of the critics, including the government’s own council of economic advisers, saying Canada should be accepting even more immigrants.

Canada has an increasingly diverse population, with visible minorities making up 22.3 percent of the population in 2016, according to recently released census figures, compared with just 4.7 percent in 1981. By 2036, visible minorities are expected to make up 33 percent of the population.

“Canada is probably the best country in the world to be an immigrant because we give immigrants a chance to climb the ladder to success,” said Kareem El-Assal, senior research manager at the Conference Board of Canada, a think tank, where he specializes in immigration.

Assal said Canada’s immigration system works in part because the Canadian government helps newcomers integrate through language, skills and job training at a cost of almost a billion dollars a year. Furthermore, immigrants benefit from Canada’s universal health-care system and its good public education and reasonably priced universities.

Public opinion surveys continue to show that Canadians are pro-migration. A survey by the Environics Institute last spring showed that 72 percent of respondents agreed that “overall, migration has a positive impact on the economy.” Yet in the same survey, 54 percent said that “too many immigrants do not accept Canadian values.”

As for those border warning signs, Fortin, the union leader, says that asylum seekers are reading them and then crossing the border anyway.

“It doesn’t seem to have a very big dissuasive effect,” he said.”

Here’s a link to the complete article:https://www.washingtonpost.com/world/the_americas/canada-fears-a-huge-rush-of-asylum-seekers-if-their-us-protected-status-is-lifted/2017/11/12/9464645c-c4b1-11e7-9922-4151f5ca6168_story.html

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Maine needs all the economic help it can get. And, I had lots of successful “TPSers” pass through my courtroom in Arlington. Good folks, industrious with useful job skills in the types of positions that we need but most Americans don’t want to do: child care, home health care, roofing, drywalling, cleaning, washing, making beds, waiting on tables, brewing coffee, making sandwiches, landscaping, pouring concrete, building things, meat processing, running convenience stores, etc. And, the vast majority had kids who were US citizens or in the DACA program. Our loss is likely to be Canada’s gain. The concept that there are lots of Native-born Americans out there (at a time of effectively full employment) waiting to take these jobs is a restrictionist fairy tale. But, if and when these folks leave, Americans who depend on them for essential services (like child care and Home improve,wants, for example, or restaurant and hotel owners) are going to find themselves out of luck.

So far, overall incompetence has saved us from the full adverse effects of Trump’s “Make America (Not So) Great” policies. But, if they ever do go into full effect, it will be bad for most Americans, including those gullible enough to have voted for Trump.

PWS

11-13-17

JRUBE IN THE WASHPOST: “A dangerous fool for a president,” supported by “useful idiots” & “Republican tribalists in Congress” are an “easy mark” for Putin & the Russians — Our Administration Is An Existential Threat To Our National Security!

https://www.washingtonpost.com/blogs/right-turn/wp/2017/11/12/russias-mark-a-dangerous-fool-for-a-president/

Jennifer Rubin writes in the Washington Post:

“President Trump’s authoritarianism, narcissism and racism threaten our democracy, but his gullibility threatens our national security. A man so uneducated and incurious about the world is willing, like his followers, to buy any crackpot conspiracy theory that makes its way to him via the Infowars-“Fox & Friends” pipeline. On the world stage, that makes him a sitting duck for slick manipulators and experienced flatterers.

All that was much in evidence on Saturday. CNN reports:

“He said he didn’t meddle. He said he didn’t meddle. I asked him again. You can only ask so many times,” Trump told reporters aboard Air Force One as he flew from Da Nang to Hanoi in Vietnam. Trump spoke to Putin three times on the sidelines of summit here, where the Russia meddling issue arose. “Every time he sees me, he says, ‘I didn’t do that,’” Trump said. “And I believe, I really believe, that when he tells me that, he means it.” “I think he is very insulted by it,” Trump added.

Could Trump actually believe that the ex-KGB operative is insulted by the accusation he pulled off a masterful plot, at very little cost, to tip the scales in an American presidential election and get the candidate of his choice? Certainly, Trump is not only gullible but also running scared as special counsel Robert S. Mueller III breathes down his neck.

. . . .

Trump and his followers are willing to believe anything because they want to believe anything that confirms their counterfactual world. Anyone who sides with their alternative universe (Sebastian Gorka, Vladimir Putin, Bill O’Reilly, Roy Moore) is a hero and a victim of those pro-immigrant, globalist, anti-Christian elites. Anyone who presents cold, hard facts (the mainstream media, scientists, allied governments, Democrats, #NeverTrumpers) that explode their dearly held myths is an enemy of the people.Yes, that’s the mental universe in which Trump and his ilk reside. It renders Trump susceptible — eager, even — to believe our enemies, even — especially! — at the expense of American values, security and interests. He’s putty in the hands of wily autocrats. He’s therefore the type of target that counterintelligence operatives dream of — an arrogant fool. Clinton Watts, a former FBI special agent on the Joint Terrorism Task Force, earlier this year explained:

Russian influence of Trump most likely falls into the category of what Madeleine Albright called a “Useful Idiot” – a “useful fool” – an enthusiast for Putin supportive of any issue or stance that feeds his ego and brings victory. Russian intelligence for decades identified and promoted key individuals around the world ripe for manipulation and serving their interests. Trump, similar to emerging alternative right European politicians, spouts populist themes of xenophobia, anti-immigration, and white nationalist pride that naturally bring about a retrenchment of U.S. global influence. By spotting this early, Russia could encourage Trump’s ascension and shape his views via three parallel tracks. First, Russia led a never before seen hacking and influence campaign to degrade support for Hilary Clinton and promote Trump among a disenfranchised American populace. As a “useful idiot,” Trump not only benefited from this influence effort, but he urged Russia to find Hilary Clinton’s missing emails – a public call a “Manchurian Candidate” would not likely make. Trump even fell for false Russian news stories citing a bogus Sputnik news story at a presidential rally – a glaring and open mistake that would reveal a true “Manchurian Candidate.”

What’s more, the Kremlin now has useful idiots in the persons of Fox News hosts, right-wing American bloggers, talk show hosts and Stephen K. Bannon (who is out recruiting like-minded Senate candidates) to buck up their pet U.S. president. Most of all, the Kremlin can count on the Republican tribalists in Congress who will explain away evidence and savage the president’s accusers to protect the GOP tribe and its leader — who just so happens to be an easy mark for our most formidable international foe.“

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Read the full op-ed at the link.

Pretty scary stuff. Putin must be walking on air. First, dumb US electorate votes for its own demise. Trump stokes racial and political divisions while trashing the environment, destroying government, offending allies, undermining health care, damaging the Constitution, shrugging his shoulders at random gun violence, and carrying on with plans to loot US Treasury for benefit of the rich and leave everyone else holding the bag. Then, Trump sets off for Asia where he cedes economic and moral leadership to China while enunciating a totally selfish “Third World, Me First” philosophy and absurdly defends his “puppetmaster” Putin.

All these years the “Legacy Soviets” thought they could only defeat America by a military buildup. Now, they discover they can do it without firing a shot or invading anyone just by using our own stupidity and the Alt-Right against us.

PWS

11-12-17

GONZO’S WORLD: His Own Credibility Has Become A Bad Joke — But, Under Gonzo The DOJ & The SG’s Office Rapidly Losing Credibility & Respect From The Federal Courts!

https://www.law.com/nationallawjournal/sites/nationallawjournal/2017/11/09/justice-department-faces-questions-for-supreme-court-attack-on-aclu-ethics/

Marcia Coyle reports for the National Law Journal:

“The U.S. Justice Department’s request that the Supreme Court consider sanctions against lawyers who advocated for an immigrant teenager at the center of an abortion case has raised questions about the government’s motivation and threatened to jeopardize the reputation of the solicitor’s office before the justices. Former Justice Department attorneys called the government’s action in the Supreme Court “extraordinary” and said they had no memory of a similar Supreme Court petition.”

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You’ll need a full subscription to the NLJ to get beyond what I’ve quoted above. But, you get the idea.

And remember, you read first in some of my earlier blogs in immigrationcourtside.com about the DOJ’s and SG’s likely loss of years of hard earned respect and credibility by arguing the relatively “law free” politicized “Gonzo” positions forced on them by Sessions and the rest of the White Nationalist Trumpsters. Remember, the pro bono lawyers being smeared by Sessions’s DOJ were fighting to vindicate a migrant teenager‘s clear constitutional rights against an attempt by Government officials to substitute their own personal opinions for the constitutional rules and to misrepresent their true intentions (use delay and obfuscation tondefeat constitutional rights) in doing so. Sounds like it’s Sessions and his group whose law licenses should be re-examined.

The public and to some extent the media might have allowed the “Trump/Sessions Crowd” to “normalize” the presentation of lies, misrepresentations, intentional omissions, distortions, and political screeds as “facts” or “legal arguments.” But, most Article III Courts don’t like being played for fools, particularly by the USDOJ which traditionally has been expected to meet higher standards of integrity, fairness, and responsibility to accurately inform the tribunals before which they appear.

Ironically, although Gonzo tried to tag immigration lawyers fighting to preserve their clients’ statutory and constitutional rights as “dirty,” that tag is much more likely to stick to Gonzo and some of the ethically challenged DOJ lawyers doing his bidding. Not to mention that the DOJ is wasting the time of the Supremes with its basically frivolous request, intended largely as political grandstanding to satisfy Gonzo’s anti-abortion, anti-US Constitution political backers.

PWS

11-10-17

KELLY TRIED TO BULLY ACTING DHS DIRECTOR ELAINE DUKE INTO TERMINATING TPS FOR HONDURANS – SHE WOULD HAVE NONE OF IT!

http://www.cnn.com/2017/11/09/politics/elaine-duke-hondurous-immigrants/index.html

“By: Tal Kopan, Abby Phillip and Miranda Green, CNN

White House chief of staff John Kelly pressured acting Homeland Security Secretary Elaine Duke to terminate protections for tens of thousands of Honduran immigrants currently living in the US, sources tell CNN.

Duke received multiple calls from Kelly pressuring her, in Duke’s perception, to end Temporary Protected Status for Honduran immigrants on Monday’s decision day, leaving Duke “distraught and disappointed” and ready to leave the department, according to a source familiar with Duke’s thinking.

The Trump administration characterized the call as Kelly weighing in through a normal process and said Duke was committed to remaining at her post.

The Washington Post first reported on the call.

TPS is an immigration status allowed by law for certain countries experiencing dire conditions, such as a natural disaster, epidemic or war, and protects individuals from deportation and authorizes them to work in the US.

Monday was the deadline for a decision on the protected status for the roughly 86,000 Hondurans. DHS instead announced that Duke had not found there was enough information to make a formal decision, a move that triggered a six-month extension of the protected status. The administration did terminate protections for Nicaraguans, about 5,300 of which live in the US. Both populations have lived in the US for nearly two decades.

According to the source familiar with Duke’s thinking, Kelly and the administration wanted Homeland Security secretary nominee Kirstjen Nielsen to avoid questions about the issue at her Senate confirmation hearing on Wednesday, and wanted to her confirmed quickly enough that she would be the one to make a decision on temporary protected status for Haitians, which is due at the end of the month and which will likely be ended.

According to the source familiar, Duke had decided over the weekend that she did not have enough information to end the protections for the Hondurans, which is what the department announced late Monday evening.

“I think she’s very distraught and disappointed at Kelly and the whole apparatus,” the source said. “She’s out there alone, you know? It’s like, ‘Why do I keep doing this if you guys are just going to beat me up?'”

The source confirmed that she made reference to resigning during the back-and-forth and is inclined to leave the job.

The source described the back-and-forth as a “forceful, directive conversation.”

“It was a loud conversation, it wasn’t a quiet conversation,” the source said.”

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Read the rest of the story from Tal & Co at the link. No wonder Gonzo’s DOJ is trying (unethically) to “retaliate” against CNN by abusing the anti-trust laws! Very “Third World” — a perfect term to describe the Trump Administration — corruptly using government power to reward cronies, intimidate the public, and punish opposition. Those of us who have had to deal with Third World dictatorships and kleptocracies and their carnage for decades know the characteristics all too well.

So, long time Honduran residents of the US (and their families, employers, employees, colleagues, friends, and neighbors) owe their “six month reprieve” from insane chaos totally to one career Senior Executive with the backbone and integrity (a word seldom heard in connection with the Trump Administration) to stand up to the “Trump Mafia.” Cheers for Elaine Duke!

Kelly sinks deeper into “The Swamp” every day with each new revelation of his sleazy conduct and reactionary views. I suspect that Duke’s DHS career will come to an end shortly. And, there is some reason to suspect that her permanent replacement, Kirstjen Nielsen, is being put over at DHS to  be a “yes-woman” for the Trump, Sessions, Kelly, Miller, Bannon (in absentia) White Nationalist crew operating out of the White House and the DOJ. Whether she will live up to their “low expectations,” however, is another matter entirely.

PWS

11-10-17

TRAC IMMIGRATION: DHS DETAINER PROGRAM – TOUTED BY SESSIONS, TRUMP, & DHS AS ESSENTIAL & A BASIS FOR SESSIONS’S ATTACK ON SO-CALLED “SANCTUARY CITIES” –- APPEARS TO BE LARGELY A HOAX! – The Data Doesn’t Support The Claims!

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Transactional Records Access Clearinghouse
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FOR IMMEDIATE RELEASE

Greetings. Since President Trump assumed office, the Secure Communities program has been promoted as essential to implement this administration’s agenda for ramped up deportations. The agency contends that “Secure Communities has proven to be one of ICE’s most important tools for identifying and removing criminal aliens as well as repeat immigration violators.”

However, analyses of the agency’s own internal records document that the use of detainers under this program is not living up to these claims. For example, according to the latest available ICE data only about 2.5 percent of so-called Secure Communities removals were connected to the use of detainers sent to local law enforcement agencies. When compared with ICE removals from all sources, this component made up an even smaller proportion – less than 1 percent of all ICE removals.

Furthermore, the number of convicted criminals that ICE claims to have deported through this program under the Trump administration is four times higher than what the evidence shows has actually happened.

The results of stepped up enforcement appear quite small so far. By July 2017 there were only 529 additional Secure Communities removals of individuals convicted of crimes as compared with removals under President Obama. For those convicted of serious crimes, the average monthly change was just 128 more individuals. And few of these appear to have involved the use of ICE detainers.

These statistics current through July 2017 were compiled from ICE internal records obtained by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University in response to a series of Freedom of Information Act (FOIA) requests, following lawsuits that TRAC’s co-directors filed against the agency.

To read the full report go to:

http://trac.syr.edu/immigration/reports/489/

A new online query tool provides public access to the data TRAC has compiled tracking all Secure Communities removals month-by-month for each state and county in the country. Go to:

http://trac.syr.edu/phptools/immigration/secure/

Additional tools are also available that track ICE detainers (updated through July 2017) and all ICE removals (updated through June 2017). For an index to the full list of TRAC’s immigration tools go to:

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

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

http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm

or follow us on Twitter @tracreports or like us on Facebook:

http://facebook.com/tracreports

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

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

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563

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Hardly a surprise to those of us who actually understand the system that “Gonzo’s” war on so-called “Sanctuary Cities” is based on a bogus premise. Detainers are, and always have been, marginal to effective immigration enforcement. And, the program of turning ethnic communities against the authorities — both local and Federal — demonstrably makes us less safe as a country. With the Trump Administration, it’s always about the White Nationalist agenda — not effective law enforcement.

PWS

11-09-17

 

 

 

 

 

 

SEATTLE TIMES: THE CRUELTY OF TRUMP’S “GONZO” IMMIGRATION ENFORCEMENT FINALLY SINKS IN – EVEN IN “TRUMP COUNTRY!”

https://www.seattletimes.com/seattle-news/northwest/fear-regrets-as-pacific-county-residents-go-missing-amid-immigration-crackdown-police-chief-neighbors-kind-of-in-shock-after-immigration-arrests-in-pacific-county-immigration-crack/

Nina Shapiro reports for the Seattle Times:

“LONG BEACH, Pacific County — Named after a character in a cowboy book, Police Chief Flint Wright describes himself as pretty conservative.

A portrait of Ronald Reagan hangs in his office, along with photos of John Wayne, and his father and grandfather on horses — capturing the rural lifestyle of Pacific County, which curves around Willapa Bay in the state’s southwest corner.

He doesn’t talk about it much, but he voted for Donald Trump, helping Pacific County go with the Republican presidential candidate for the first time in decades. Among other things, he liked Trump’s promise to secure the borders. Economic migrants are not a problem in his mind — he’s seen how hard they work — but he wondered, “who’s coming with them?” Terrorists, he feared.

Then came the July arrest of Mario Rodriguez by U.S. Immigration and Customs Enforcement (ICE).

“I was kind of in shock, to be blunt with you,” Wright said.

Rodriguez, whose visa had expired, had lived in the area for more than a dozen years. He had worked in bilingual education and periodically tipped police to trouble spots.

Mario Rodriguez, detained by federal Immigration and Customs Enforcement after his visa expired, has lived in the area for more than a dozen years and worked in bilingual education. He is now out on bond as his case goes through immigration court. (Erika Schultz / The Seattle Times)
Mario Rodriguez, detained by federal Immigration and Customs Enforcement after his visa expired, has lived in the area for more than a dozen years and worked in bilingual education. He is now out on bond as his case goes through immigration court. (Erika Schultz / The Seattle Times)
 

“He was real pro-law enforcement,” the police chief said. “Shoot, anybody would like to have him as a neighbor.”

Trump, on the campaign, had talked about kicking out Mexican “drug dealers, criminals, rapists.” And that’s the kind of immigration crackdown a lot of people here were expecting.

“Yeah, we don’t want that element,” Wright said. But Rodriguez? The police chief couldn’t believe sending him back to Mexico would do anybody any good.

That kind of shock is reverberating throughout the county as Trump’s toughened immigration policy hits home. ICE has arrested at least 28 people in the county this year, according to numbers provided to the Sheriff’s Office.

While that’s just a small share of the roughly 3,100 ICE arrests overseen by its regional office in Seattle — which covers Washington, Oregon and Alaska — it represents a pronounced upward trajectory. Last year, ICE reported eight Pacific County arrests to the sheriff and for a long stretch of years before that, zero.

In a county of small, close-knit communities — Long Beach, population 1,400, is one of the largest — it’s noticed when someone goes missing. The number is magnified by those who have moved, gone into hiding or followed family after a deportation. People have lost neighbors, schools have lost students and businesses have lost employees.

. . . .

Shellfish farmers face many uncertainties, Sheldon explained.

The weather is a big one, periodically disrupting work on the water.

ICE is the new big storm, blowing in periodically to take essential workers.

Boats, working in the seafood industry, travel on Willapa Bay. (Erika Schultz / The Seattle Times)

“One minute they’re here. Another minute they’re not,” Sheldon said. “It’s not like there’s any warning.”

She and other employers say they get required paperwork for every worker — though documents might be fake — and don’t know who is illegally here.

“It’s been a huge impact,” said Kathleen Nisbet-Moncy, vice president of the Willapa-Grays Harbor Oyster Growers Association, of ICE’s arrests. Many of the area’s two dozen companies are small businesses. Losing key employees is a big deal. One, she said, lost a worker of 25 years.

And the industry already faced a labor shortage.

Workers need to have an understanding of tides; they carry tide tables like Bibles, arranging their days accordingly. Some operate boats. Others shuck oysters or process fish, not easy when done quickly.

Paid by volume, they sometimes work seven day weeks, or days that take in both early-morning and late-night tides cycles.

“Don’t you want people to work?” Sheldon asked. “Why don’t we say you can’t sell cigarettes to illegal immigrants?”

She was joking. But things didn’t make sense to her.

It was hurting her business. So many people have been arrested or moved that she can no longer fill empty positions. She has had scale back orders and turn away customers.

“Tell him I say hi”

In Long Beach Culbertson Park, as after-school football practice got started, 10-year-old Danner Walters broke into tears.

He was on the sidelines talking about his friend Joel. A week before, Joel left for Mexico with his mom and siblings to rejoin his dad, who had been deported months before.

“We’ve been best friends since kindergarten,” Danner said.

. . . .”

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Read the complete, much lengthier, article, at the link.

Too bad folks don’t think through all of the implications before they pull the lever for immoral and irrational candidates like Trump and the GOP restrictionists. Truth is what the restrictionists don’t want you to hear or think about: the vast majority of the allegedly 11 million undocumented individuals here are law-abiding, productive members of the American community, doing jobs that help, rather than hurt, American workers, doing them exceptionally well, and raising or being part of part of “mixed families” with citizens, immigrants, and undocumented individuals all mixed together.

Removing them is a senseless and cruel waste of time and money. The only reasons for doing it have to do with racial and cultural bias — that’s why guys like Trump, Sessions, Bannon, and Miller have to come up with bogus economic and law enforcement rationales in an attempt to “rationalize” basically irrational policies.

Actually, the number of undocumented individuals in the United States is a boon to our country, our economy, and our culture. It shows that we remain a vibrant nation, and that we should have been admitting hundreds of thousands of additional legal immigrants annually. That’s why GOP proposals to restrict legal immigration are so wrong-headed.

Because we failed to do what we should have, the system basically “self corrected” largely by the operation of free market forces, but with some adverse effects like the use of smugglers, the exploitation of the undocumented, and the colossal amount of money wasted by “dumb” immigration enforcement and detention over many Administrations and Congresses.

But, it’s not too late to get it right by legalizing the productive, law-abiding individuals already here and expanding our legal immigration system to realistic levels that are more consistent with our needs as a nation. That will reduce or eliminate the “job magnet” and cut the business for smugglers without vast expenditures of law enforcement funds.

PWS

11-09-17

EUGENE ROBINSON IN WASHPOST: The Master Of Racial Identity Politics & His GOP Stooges!

https://www.washingtonpost.com/opinions/president-trump-is-the-master-of-abhorrent-identity-politics/2017/11/02/e675bca8-c003-11e7-959c-fe2b598d8c00_story.html?utm_term=.47797a94c8ea

Robinson writes:

“By now it should be clear that racism is a feature of the Trump administration, not a bug.

White House Chief of Staff John F. Kelly’s hideous rewriting of Civil War history is merely the latest evidence. Can anyone really believe “the lack of an ability to compromise” caused that bloody war? Is it possible to become a four-star Marine general without knowing that the Constitution itself was structured around a compromise on slavery? Or that the first half of the 19th century saw a series of equally immoral compromises that let slavery continue?

How can a man whose son died in service of his country believe that “men . . . of good faith” is an acceptable description of military officers who committed treason and took up arms against the United States, as did Robert E. Lee and the rest of the Confederate generals? Do people of good faith hold others in cruel bondage, buy and sell them like chattel and forcibly compel their unpaid labor?

Kelly buys into the racist, revisionist, dripping-with-Spanish-moss version of history that white Southerners concocted as they were imposing the system of Jim Crow repression. Anyone ignorant enough to believe the war was about anything other than slavery should read the declarations issued by the Confederate states upon secession. Here is a quote from Mississippi’s proclamation, which is vile but at least forthright:

“Our position is thoroughly identified with the institution of slavery — the greatest material interest of the world. Its labor supplies the product which constitutes by far the largest and most important portions of commerce of the earth. These products are peculiar to the climate verging on the tropical regions, and by an imperious law of nature, none but the black race can bear exposure to the tropical sun. These products have become necessities of the world, and a blow at slavery is a blow at commerce and civilization.”

Those who profited handsomely from slavery — including the growing financial markets of Wall Street and the bustling textile mills of New England — knew full well that it was wrong. They just didn’t want to give it up.

Kelly’s “good faith” historical claptrap would be bad enough in a vacuum. But it alarmingly echoes President Trump’s “many sides” analysis of the Charlottesville incident — and continues a tone that Trump set at the outset of his campaign, when he vilified Mexican immigrants as drug dealers and rapists.

. . . .

When Trump miscalibrates and strays into explicit racism, as he did in the case of Charlottesville, there are expressions of shock and horror from fellow Republicans and even members of his Cabinet. But nobody renounces him, except senators who are about to retire. Nobody quits his administration on principle. Trump’s enablers meekly go back to the all-important business of cutting rich people’s taxes.

Making whites feel embattled and aggrieved is central to the Trump presidency. It is what makes him different from all other recent presidents, perhaps going back as far as Woodrow Wilson, who imposed Jim Crow segregation on the federal workforce. It is what makes Trump so corrosive to the national fabric.

There is one master practitioner of identity politics in the United States today. Shamefully, he lives in the White House.”

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Read Robinson’s entire op-ed at the link.

Yup! Hard to add much to this analysis! Kelly’s perverted account of the Civil War (although depressing) is not particularly surprising when you remember that this is a guy who bought into the Trump-Gonzo-Miller-Bannon racist and bogus “overrun by the immigrant hordes and Muslim terrorists” fear-mongering hook, line, and sinker, with no apparent reflection on its demonstrable falsity or stupidity.

PWS

11-05-17

GONZO’S WORLD: Senators Frustrated By Gonzo’s Inability To Get His Story Straight – How Many Chances Will He Get To “Correct and Clarify” His Testimony?

https://www.huffingtonpost.com/entry/top-senate-judiciary-committee-democrat-wants-jeff-sessions-to-clarify-russia-testimony_us_59ff27f3e4b0baea26324570

Jessica Schulberg reports for HuffPost:

“WASHINGTON ― The top Democrat on the Senate Judiciary Committee said on Sunday she wants Attorney General Jeff Sessions to testify again before the panel to clarify past claims that he was unaware of any communication between members of Donald Trump’s presidential campaign and Russian officials.

Sessions has already testified before the committee twice under oath ― during his confirmation hearing in January and during a routine oversight hearing last month ― that he was unaware of communications between the Trump team and Russia. But according to recently unsealed court documents, former Trump campaign foreign policy adviser George Papadopoulos spoke multiple times with Russians about setting up a meeting between then-presidential candidate Trump and Russian President Vladimir Putin. And Papadopoulos, according to the documents. described his efforts during a meeting on March 31, 2016, that included Trump and Sessions.

Sen. Dianne Feinstein (D-Calif.) said on CNN she plans to discuss summoning Sessions back before the Judiciary Committee with the panel’s chairman, Sen. Chuck Grassley (R-Iowa). She declined to say whether she believed Sessions intentionally misled the committee in the past ― but said the attorney general should focus on getting his facts straight.

“Maybe he has a faulty memory. So, there are a lot of excuses one can make.” Feinstein said. “But at this stage, he’s got to narrow his recollections. When he comes before the committee again, he has to be precise, and it has to be accurate,” she said.

. . . .

“I don’t think he told me the truth,” Sen. Al Franken (D-Minn.) told ABC late last week. “I think that on different occasions he either has a terrible memory or he is deliberately not telling me the truth.”

Lawmakers’ frustration with Sessions may be gaining bipartisan traction.

“This is getting a bit old with Jeff Sessions,” Sen. Lindsey Graham (R-S.C.) told Fox News’ Chris Wallace on Sunday. “He probably should come back and answer the question, yet again, ‘Did you know anything about an effort by the Trump campaign to meet with Russia?’”

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Read the complete article at the link.

Wow, the irony is rich! Gonzo never misses a chance to “pop off” with some misleading story being spread by White Nationalist/restrictionist groups about how vulnerable immigrants struggling to vindicate their legal rights (and often to save their lives) and the lawyers trying to represent them are “abusing the system.” But, he abuses the time and processes of the U.S. Senate, where he used to sit. He’s obviously disdainful of his former colleagues, since he doesn’t even bother to check the accuracy of what he says under oath. Like many “arrogant overprivileged White Guys,” he just doesn’t believe that the rules actually apply to him. Just like his “Supreme Leader,” Trump!   

PWS

11-05-17          

DOJ PLANS TO CUT U.S. IMMIGRATION COURT BACKLOG IN HALF BY 2020 — CONTINUES TO PRESS BOGUS CLAIM THAT BACKLOGS DRIVEN BY PRIVATE ATTORNEYS — THE TRUTH: BACKLOGS DRIVEN PRIMARILY BY POOR DECISIONS BY CONGRESS (E.G., USG SHUTDOWN) & “AIMLESS DOCKET RESHUFFLING” BY THE DOJ OVER THE PAST THREE ADMINISTRATIONS, INCLUDING THIS ONE!

https://www.washingtonpost.com/local/immigration/doj-details-plan-to-slash-immigration-court-backlog/2017/11/03/03fcef34-c0a0-11e7-959c-fe2b598d8c00_story.html

Maria Sacchetti reports in the Washington Post:

“The Department of Justice said Friday it is aiming to slash the massive immigration court backlog in half by 2020 by adding judges, upgrading technology and refusing to tolerate repeated delays in deportation cases.

Officials, who briefed reporters on condition that they not be identified by name, said the effort is part of the Trump administration’s broad plan to more efficiently handle cases of undocumented immigrants, who number 11 million nationwide.

The administration has reversed Obama-era policies that allowed prosecutors to indefinitely postpone low-priority cases, which the Justice Department officials said allowed some immigrants to delay “inevitable” deportations. In other cases, they said, immigrants who deserved to win their cases were delayed for years because of the backlog.

The immigration court backlog has tripled since 2009, the year former president Obama took office, to more than 630,000 cases in October.

“That is what this administration is committed to, getting this done right, ensuring that we’re never in this place again,” a Justice Department official said. “Really and truly, when you look at the numbers . . . it reflects the fact that the last administration likely wasn’t as committed to ensuring that the system worked the way that Congress intended it to.”

The agency, which oversees the administrative immigration courts, said it plans to hire new immigration judges, use technology such as videoconferencing, and increase judges’ productivity by setting case-completion guidelines, though officials would not give details.

The department also will have a “no dark courtrooms” policy, the officials said, explaining that there are at least 100 courtrooms nationwide that are empty every Friday because of judges’ alternate work schedules. The Justice Department is tapping retired judges to fill those courts.

The immigration court overhaul comes as the Trump administration is carrying out policies that could generate even more cases in coming months. Arrests and deportations from the interior of the United States are rising sharply, and the Trump administration has ended Obama-era protections for some undocumented immigrants, including 690,000 undocumented immigrants who arrived in the United States as children.

By Monday, the Trump administration is also expected to say if it will renew temporary protected status for thousands of longtime immigrants from Honduras and Nicaragua whose permits expire next year.

The Justice Department officials said they are no longer widely using certain protections for undocumented immigrants, including a tool known as prosecutorial discretion that allowed the government to set aside low-priority deportation cases.

DOJ officials criticized immigration lawyers, saying they “have purposely used tactics designed to delay” immigration cases. As of 2012, the officials said, there were an average of four continuances for each case before the court.

Gregory Chen, director of government relations for the American Immigration Lawyers Association, said the administration’s plan to cut the backlog would “undermine judicial independence” in the immigration courts.

“This administration has been extremely hostile toward the judiciary and the independence of immigration judges, as well as other judges,” Chen said.

Speeding up cases depends partly on congressional funding. It also rests partly on the actions of immigration judges, who have expressed concerns about due process for immigrants, many of whom are facing deportation to some of the world’s most violent countries. Immigrants are not entitled to a government-appointed lawyer in these courts and often handle cases on their own.

The Justice officials would not comment on reports that they will impose case-completion quotas on judges, which raised an outcry from the judges’ union. But the officials said they would give judges clear standards to complete cases and add more supervisors.

Officials say they are already seeing results from efforts this year to improve efficiency. From February to September, judges ordered 78,767 people to leave the country, a 33 percent jump over the same period in 2016. The total number of final decisions, which includes some immigrants who won their cases, is 100,921.”

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THE GOOD:

  • Using retired U.S. Immigration Judges to fill in while Immigration Judges are on leave or otherwise scheduled to be out of court is a good idea. Indeed, the National Association of Immigration Judges (“NAIJ”) has been pushing this idea since the Clinton Administration with no results until now. Additionally, finally taking advantage of the available “Phased Retirement Options” for the the many Immigration Judges nearing retirement could also be helpful.
  • Over time, hiring additional Immigration Judges could be helpful, at least in theory. But, that depends on whether the hiring is done on a merit basis, the new judges are properly trained, and they have the space, equipment, and support staff to function. The DOJ/EOIR’s past record on accomplishing such initiatives has been beyond abysmal. So, it’s just as likely that additional hiring will harm the Immigraton Courts’ functioning as it is that it will help.

THE BAD:

  • “Productivity standards” are totally inappropriate for an independent judiciary. They are almost certain to infringe on due process by turning judges into “assembly line workers.”  Moreover, if hiring is done properly, judges should be self-motivated professionals who don’t need “Micky Mouse performance evaluations” to function. While it might be helpful to have some “periodic peer review” involving input from those appearing before the courts and judges of courts reviewing the judges’ work, such as takes place in some other independent judicial systems, that clearly isn’t they type of system this Administration has in mind.
  • More use of Televideo is problematic. In person hearings are definitely better for delivering due process. The EOIR Televideo equipment tends to be marginal from a technology standpoint. “Pushing the envelope” on Televideo could well force the Article IIIs to finally face up and hold at least some applications of this process unconstitutional.
  • More “Supervisory Judges” are totally unnecessary and a waste of resources. In the “EOIR World,” Supervisory Judges often don’t hear cases. Moreover, as noted previously, professional judges need little, if any, real “supervision.” The system might benefit from having local Chief Judges (“first among equals”), like in other independent judicial systems, who can address administrative issues with the Court Administrator and the public, But, judges don’t need supervision unless the wrong individuals are being selected as judges. And, as in the U.S. District Courts, local Chief Judges should carry meaningful case loads.
  • Every other court system in the U.S., particularly the U.S. District Courts, rely on heavy doses of “Prosecutorial Discretion” (“PD”) by government prosecutors to operate. By eliminating PD from the DHS Chief Counsels, then touting their misguided actions, this Administration has  guaranteed the ultimate failure of any backlog reduction plan. Moreover, this stupid action reduces the status of the DHS Assistant Chief Counsels. There is no other system I’m aware of where the enforcement officials (“the cops”) rather than professional prosecutors make the decisions as to which cases to prosecute. PD and sensible use of always limited docket time is part of the solution, not the problem, in the Immigration Courts.

THE UGLY:

  • The DOJ and EOIR continue to perpetuate the myth that private attorneys are responsible for the backlogs. No, the backlogs are primarily the result of Congressional negligence multiplied by improper politically motived docket manipulation and reschuffling to meet DHS enforcement priorities by the last three Administrations, including this one! This Administration was responsible for unnecessarily “Dark Courtrooms” earlier this year in New York and other heavily backlogged Immigration Courts.
  • Although not highlighted in this article, EOIR Acting Director James McHenry recently admitted during Congressional testimony that EOIR has been working on e-filing for 16 years without achieving any results! Thats incredible! McHenry promised a “Pilot Program” in 2018 with no telling when the system will actually be operational. And DOJ/EOIR has a well-established record of problematic and highly disruptive “technology rollouts.”

THE INCREDIBLE:

  • As usual, the DOJ/EOIR “numbers” don’t add up. EOIR “touts” compleating approximately 100,000 cases in the 7-month period ending on August 31, 2017. That’s on a pace to complete fewer than 200,000 cases for a fiscal year. But, EOIR receives an average of at least 300,000 new cases each year (even without some of the “Gonzo” Enforcement by the Trump DHS).  So, EOIR would have to “pick up the pace” considerably just to keep the backlogs from growing (something EOIR hasn’t done since before 2012). Not surprisingly, TRAC and others show continually increasing backlogs despite having more judges on board. To cut the backlog from 640,000 to 320,000 (50%) by 2020, the courts would have to produce an additional 160,000 annual completions in 2018 and 2019! That, in turn, would require completing a total of at least 460,000 cases in each of those years. That’s an increase of 230% over the rate touted by DOJ/EOIR in the Post article. Not going to happen, particularly since we’re already more than one month into FY 2018 and Congress has yet to authorize or appropriate the additional resources the DOJ wants!

WHAT’S CLEAR:

  • The DOJ hocus pocus, fake numbers, unrealistic plans, political scheming, cover-ups, blame shifting, and gross mismanagement of the U.S. Immigration Courts must end!
  • Unless and until Congress creates an independent, professionally managed Article I Immigration Court, any additional resources thrown into the current Circus being presided over by Jeff Sessions’s DOJ would be wasted.

PWS

11-04-17

 

 

 

 

 

 

 

 

GONZO’S WORLD: WARNING — GONZO ATTACKS LAWYERS WHO DARE TO DEFEND THE CONSTITUTIONAL RIGHTS OF MIGRANTS!

http://www.slate.com/blogs/the_slatest/2017/11/03/justice_department_declares_war_on_aclu_attorneys_who_oppose_trump.html Continue reading GONZO’S WORLD: WARNING — GONZO ATTACKS LAWYERS WHO DARE TO DEFEND THE CONSTITUTIONAL RIGHTS OF MIGRANTS!