🇺🇸⚖️🗽👍🏼🏆👏🏽GOOD GOVERNMENT: BELEAGUERED FEDS WOULD FIND WELCOME RESPITE IN BIDEN ADMINISTRATION! — This Election Could Be “Last Call” For One Of The Cornerstones Of Our Democracy — A Competent, Honest, Career Civil Service!

https://www.washingtonpost.com/politics/biden-federal-workers-unions/2020/08/26/62595932-e71c-11ea-a414-8422fa3e4116_story.html

Joe Davidson reports for WashPost: 

If Joe Biden is elected president, he promises to overturn President Trump’s aggression against federal employee unions, support regular pay raises for federal employees and protect their workplace rights.

Biden, the Democratic nominee, has pledged to upend Trump’s actions concerning federal labor organizations on Inauguration Day in January. Trump’s assaults were codified in three executive orders he issued in 2018. They systematically undermined the ability of unions to represent not only their members, but all employees in agency collective-bargaining units.

Saying Trump “has loosed a direct attack on our members’ union rights and dignity on the job,” the American Federation of Government Employees (AFGE) questionnaire to Biden outlines policies the largest federal union wants reversed.

“This includes purging lawful representational activity from government worksites and equipment, weaponizing the bargaining process to propose, and in some cases impose, one-sided contracts, attacking our statutory right to collect voluntary dues, crippling our ability to mediate disputes on duty time, and more,” says the questionnaire’s introduction. “Taken together, these attacks constitute more than just a threat to our members’ livelihoods, they threaten the survival of the merit-based civil service system on which our government is built.”

AFGE endorsed Biden last month. In two internal polls, AFGE said its members supported Biden over Trump by more than 30 points.

The first question asked Biden to commit to overturning the executive orders and other directives that weaken employee due process and collective bargaining rights “on your first day in office.” Biden agreed and said “the federal government should serve as a role model for employers to treat their workers fairly.”

“On my first day in office,” he added, “I will restore federal employees’ rights to organize and bargain collectively, restore their right to official time, and direct agencies to bargain with federal employee unions.” Official time allows union leaders to represent employees, including those who are not union members, in grievance procedures and matters involving issues such as workplace safety and productivity, while being paid by the government.

[If he gets a presidential Day 1, Biden has a nearly endless list of ways to spend it]

In addition to Biden’s answers, the Democratic Party Platform promises to “strengthen labor rights for the more than 20 million public-sector employees” at all levels by supporting legislation that would “provide a federal guarantee for public-sector employees to bargain for better pay and benefits and the working conditions they deserve.”

While Trump has been relentless in his federal union offensive, all was not copacetic when Biden served as Barack Obama’s vice president. Government workers vehemently opposed three federal pay freezes imposed under Obama, with congressional approval, during an era of budget tightening.

But the Obama-Biden administration did not seek to fundamentally undermine unions as Trump has done or diminish federal workers. Obama’s stated effort to “make government cool again” contrasts sharply with Trump’s “drain the swamp” attitude toward government. Trump did not respond to AFGE’s questionnaire.

. . . .

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Read the complete article at the link. 

Just another instance where Biden is going to have to separate himself from some misguided, occasionally weak-kneed and shortsighted, Obama-era policies and establish himself as his own man, with a decidedly more practical, aware, and progressive approach. And, as a long-time public servant himself (albeit an elected one) — whose career has in many ways been built and furthered by the skills, expertise, and contributions of civil servants in all branches of Government — I believe he is up to the task. Indeed, he might well be the best-qualified candidate in my lifetime to save and enhance our now reeling and crumbling civil service — one of the “crown jewels” of American democracy now under unrelenting assault from a thoroughly corrupt Trump and his GOP nihilist “wrecking crew.”

For example, look at how the cowardly and totally unethical “Billy the Bigot” Barr tried to “punish” Judge Ashley Tabaddor and the National Association of Immigration Judges (“NAIJ”) (disclosure: I am a proud retired member) for speaking “truth to power.” As the only ones authorized to speak out on behalf of Immigration Judges (regardless of membership in the NAIJ), Judge Tabaddor and other NAIJ officials exposed the massive corruption, gross mismanagement, improper politicization, and medically dangerous working conditions at EOIR! As a result, Billy tried to silence her and the NAIJ by filing a frivolous action to “decertify” the NAIJ based on bogus reasons, many rejected by the FLRA in the past. This abuse of Government resources and process by Billy has since been dismissed after hearing by a FLRA official, as previously reported in “Courtside.”

As a civil servant for more than 35 years, serving in Administrations of both parties, at levels from “worker bee” to “Senior Exec,” and a veteran of 21 years on both levels of the Immigration Bench (when it actually more resembled a “real court” than  the ridiculous parody engineered by Gonzo Apocalypto and Billy the Bigot), I know what I’m speaking about. 

Incidentally, I was one of the “founding brothers and sisters” of the BIA employees’ union in the 1970s, and then went on to battle that same union before the FLRA during my tenure as BIA Chair in the late 1990s. So, like many issues in immigration during my career, I understand both sides.

But, I never questioned the BIA union’s authority to speak for the staff. In most ways, it was a good “focal point” for getting important issues out in the open and resolving them, even if the process was occasionally contentious and frustrating. And, I’d have to admit to getting some good ideas on management improvements from union officials. So good, in fact, that I actually hired some of them to become staff managers at the BIA.

Over my career, I was involved in thousands of asylum and refugee cases, many of them successful. Many were fleeing countries with great progressive “paper constitutions” and sometimes even very “facially reasonable” statutory law. A number of these countries had even signed the U.N. Refugee Convention. What often made these countries “persecutors” as opposed to “protectors” was in the “execution” rather than the “black letter law.” 

Two characteristics that many of these persecutors had in common were: 1) an authoritarian executive who controlled a corrupt civil service usually “on the take,” staffed with family members, tribe members, or “party regulars,” and personally loyal to the leader rather than the constitution and statutes; and 2) “courts” that were either instruments of the leader and his tribe or party or too feckless to stand up against executive tyranny.

Under Trump and his corrupt GOP cronies, the US is well on its way to this type of “banana republic” public service in all three branches. And, don’t thank that a healthy economy or a robust stock market are “proof” against tyranny. Today’s China, as well as Nazi Germany and Imperial Japan, are prime examples of how “economic success and power” do not necessarily equate with good government, equality, or lack of repression.

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

PWS

08-26|-20

HERE’S MY ARTICLE FROM LAW360:  “Justices’ Fleeting Unanimity In Free Speech Immigration Case”

 

https://www.law360.com/immigration/articles/1272443/justices-fleeting-unanimity-in-free-speech-immigration-case

Justices’ Fleeting Unanimity In Free Speech Immigration Case

By Paul Schmidt

Law360 (May 11, 2020, 6:09 PM EDT) —

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Paul Schmidt

On May 7, the U.S. Supreme Court‘s so-called Bridgegate decision got the attention, but the decision released that day in U.S. v. Sineneng-Smith is also notable.

In a unanimous decision by Justice Ruth Bader Ginsburg, the court pummels a panel of the U.S. Court of Appeals for the Ninth Circuit for overreaching on a constitutional overbreadth issue not argued by the parties below.

Observers expecting a blockbuster resolution of the tension between the First Amendment and criminal sanctions for “inducing or encouraging” extralegal immigration undoubtedly were disappointed.

Nevertheless, I find three significant takeaways from the ruling in Sineneng-Smith.

First, an ideologically fractured court desperately seeks common ground on something relating to immigration enforcement.

Second, the judicial restraint preached by Justice Ginsburg in her opinion conflicts with the U.S. attorney general’s use of the immigration courts to advance his restrictionist policy agenda.

Third, and ironically, Justice Clarence Thomas’ concurring opinion calls not for judicial restraint, but solicits a conservative judicial assault on the overbreadth doctrine that generally protects individuals from government overreach.

Facts

Evelyn Sineneng-Smith, a California immigration lawyer, filed labor certification applications for clients to help them get U.S. green cards. She charged each client more than $6,000, netting $3.3 million.

Smith knew that particular path to a green card involving filing for labor certification and adjusting status without leaving the country had been eliminated by statute, except for those in the country on Dec. 21, 2000, who had applied for a labor certification before April 30, 2001.

Smith’s clients did not satisfy that grandfathering criteria. However, Smith apparently did not tell them that the applications they paid her to file could not lead to successful adjustments of status.

A criminal prosecution followed which included, but was not limited to, charges that Smith had unlawfully induced or encouraged her clients to reside in the U.S. in violation of law. Smith, represented by counsel, argued at trial that the criminal statute penalizing inducing or encouraging unlawful immigration did not apply to her specific situation of filing immigration applications for clients.

She also asserted that interpreting the statute to include her particular situation as a lawyer representing clients seeking immigration status would violate the right to petition and free speech clauses of the First Amendment, specifically as applied to her.

She did not claim that all applications of the criminal inducing or encouraging unlawful immigration statute were unconstitutional under the First Amendment.

U.S. District Court for the Northern District of California rejected all of Smith’s defenses and convicted her on the inducing or encouraging charge, as well as some additional charges of filing false tax returns and mail fraud that were not contested by the time the case reached the Supreme Court.

Smith appealed her encouraging-or-inducing conviction to the Ninth Circuit.

Ninth Circuit Proceedings

On appeal, Smith advanced the same statutory and constitutional arguments, based on the specifics of her situation, that had failed at trial.

The Ninth Circuit panel basically pushed aside both Smith’s and government counsel. Instead, they appointed three amici — friends of the court — principally to argue the case. According to Justice Ginsburg, this essentially made bystanders out of counsel for the actual parties.

Even more egregiously says Justice Ginsburg, the panel reframed and restated the issues for the amici to address. Instead of the narrow issues argued by the parties on the specific facts of the case, the panel posited three new and much broader issues.

The first was “whether the statute of conviction is overbroad or likely overbroad under the First Amendment.”

Faced with a new theory of the defense suggested by the panel itself, Smith’s lawyer, who was allowed but not required to participate in the supplemental briefing by the amici, merely adopted the amici’s overbreadth argument without discussion.

The panel then overturned Smith’s conviction solely on the basis that the statute was overbroad under the First Amendment.

The solicitor general petitioned the court which took the case because it invalidated a federal statute on constitutional grounds.

The court reversed and remanded, instructing the panel to ditch the overbreadth issue and concentrate on the narrower issues relating to Smith’s specific conduct under the statute, as actually argued by the parties at trial and on appeal to the Ninth Circuit.

Analysis

Misleading “Togetherness”

The court’s unanimous rebuke of the panel below provides insight without much useful guidance. It probably could, and should, have been a two sentence, unsigned vacate and remand, referencing the court’s previous jurisprudence on the essential role of cases and controversies in Article III judging.

Notwithstanding some commentators touting the number of unanimous decisions, this court is riven by a deep ideological split between five conservative GOP-appointed justices moving sharply right and four moderate to liberal Democrat-appointed justices trying to hold the line on important individual rights in the face of government overreach.

Nowhere has this gap been more apparent than in the executive’s aggressive efforts to rewrite, and effectively annihilate, previous American immigration laws and human rights policies.

The court’s recent 5-4 decision vacating a stay in Wolf v. Cook County illustrates this. There, five conservative justices accepted the solicitor general’s invitation to interfere with litigation in the U.S. District Court for the Northern District of Illinois, involving the administration’s rewrite of the so-called public charge rules applicable to immigrants.

The majority’s failure to even explain its decision earned an unusually sharp rebuke from Justice Sonia Sotomayor. Unlike this case that involves one individual, the administration’s rule changes, green-lighted by Cook County, have been cited as deterring many individuals legally in the country from seeking medical advice in this pandemic.

So much for judicial restraint as a norm. Here, by contrast, the justices bridged the gap only by finding a common enemy in the panel below. Don’t expect this agreement to carry over into the merits of more controversial immigration issues.

Immigration Courts Don’t Follow This Standard

My colleagues, former mmigration judges Jeffrey Chase and Susan Roy, pointed me to the dissonance between the court’s admonitions here and the attorney general’s legislate-by-decision approach to the immigration courts.

Both former Attorney General Jeff Sessions and Attorney General William Barr eagerly have reached down into the immigration court system they respectively controlled to implement restrictive immigration policies by precedent decision without invitation from the actual parties to litigation.

In two of the best known instances, Sessions acted unilaterally to change established rules concerning domestic violence asylum claims for women and to eradicate nearly four decades of precedent allowing judges to administratively close low priority or dormant cases on their burgeoning dockets.

Notwithstanding their expressed concerns about uninvited judicial activism, the court has effectively overlooked the glaring operational and constitutional problems embedded in an immigration “court” system run by the chief prosecutor. Will they pay attention when future litigants raise this disconnect?

Justice Thomas’ Ironic Concurrence

Justice Thomas’ concurring opinion attacks the overbreadth doctrine and solicits future challenges to it, presumably from right-wing advocates and activist conservative judges who agree with him.

Right-wing activists like Thomas customarily harken back wistfully to the golden age of American jurisprudence when the exclusively white, male, nearly 100% Christian federal judiciary was perfectly happy to look the other way and bend the rules to favor ruling elites.

Those disfavored were often African Americans, women, children, the poor and others who weren’t part of the club. How would Justice Thomas himself have fared in the past world he longs to re-create?

Conclusion

The substantive constitutional issue unanimously ducked by the court might eventually reappear, particularly if Justice Thomas has his way. But, don’t expect repeats of the court’s manufactured harmony in more controversial aspects of the administration’s attacks on the rights and humanity of migrants, like, for example the Deferred Action for Childhood Arrivals case.

I also wonder if this court can continue ignoring the glaring constitutional deficiencies and clear biases in the current immigration court system, defects they would never accept from any Article III judges?

Paul Wickham Schmidt is an adjunct professor at Georgetown University Law Center. He is a retired U.S. immigration judge, and a former chair and judge at the U.S. Board of Immigration Appeals.

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

Many thanks and much appreciation to my good friends and “Round Table” colleagues Judge Jeff Chase and Judge Sue Roy for their ideas and contributions to this article.

Due Process Forever!

PWS😎

05-12-20

TERRIFIED PENCE FLEES NFL STADIUM FOLLOWING PEACEFUL EXERCISE OF CONSTITUTIONAL RIGHTS! — “Trump Told Me To Do It,” Says Vapid Veep!

http://www.huffingtonpost.com/entry/mike-pence-nfl-walks-out_us_59da5fb4e4b0f6eed35114bd?ncid=inblnkushpmg00000009

Igor Bobic reports for HuffPost:

Vice President Mike Pence walked out of Sunday’s NFL game between the Indianapolis Colts and the San Francisco 49ers as several 49ers players knelt in protest during a rendition of the national anthem.

“While everyone is entitled to their own opinions, I don’t think it’s too much to ask NFL players to respect our Flag and our National Anthem,” Pence wrote on Twitter minutes after leaving the game in Indianapolis, Indiana.

Following the example of former San Francisco 49ers quarterback Colin Kaepernick, NFL players around the country have knelt during renditions of the national anthem in order to protest against police brutality and racial injustice directed towards black Americans.

More than a hundred NFL players from several football teams kneeled or held arms in solidarity earlier this month after President Donald Trump called NFL players who kneel during the anthem “sons of bitches.” He later insisted his criticism of the NFL had “nothing” to do with race.

Trump said on Sunday that he asked Pence to leave the stadium in Indianapolis if any players knelt during the national anthem, an extremely likely event given the number of players on the 49ers team who kneel during the anthem before every game.

The president’s revelation suggested the White House orchestrated the walk out on purpose, raising questions about the cost of Pence’s brief trip to Indianapolis. The vice president flew there from Las Vegas, where he visited the victims and families of last week’s horrific shooting. He is now flying back West for a stop in California.

“Wait. This was orchestrated to make a point? That’s not an inexpensive thing to do,” tweeted Sen. Brian Schatz (D-Hawaii) on Sunday.

Many people have commented that Pence’s action came off as publicity stunt, including San Francisco 49ers’ Eric Reid, who was one of the first players to kneel alongside Kaepernick in 2016. Reid told reporters that the three-year-old photo of Pence at a Colts game in 2014 was the last he had heard of the vice president attending a game.

“So this looks like a PR stunt to me,” Reid told a pool of reporters on Sunday. “He knew our team has had the most players protest. He knew that we were probably going to do it again. This is what systemic oppression looks like. A man with power comes to the game, tweets a couple of things out and leaves the game with an attempt to thwart our efforts. Based on the information I have, that’s the assumption I’ve made.”

This is what systemic oppression looks like. A man with power comes to the game, tweets a couple of things out and leaves the game with an attempt to thwart our efforts.Eric Reid, San Franciscos 49ers

Prior to walking out of the game, Pence met with former Colts quarterback Peyton Manning. The retired football star, who also played for the University of Tennessee and has donated to prominent GOP figures, has been floated as a potential candidate to replace Sen. Bob Corker (R-Tenn.). Corker is retiring next year, but Manning has said he has no plans to run for the seat.”

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

Obviously, Trump orchestrated this event to show America that if they ditch him they would be trading a bully for an idiot.

NOTE: Although Pence undoubtedly was carrying out a “staged” role assigned to him by Trump, and the  quote is certainly sufficiently obsequious to have come from Pence, the actual quote in the headline section is “fake news.” However, the rest of the story about Pence’s idiotic behavior is, unfortunately, true — just another day in Trumpland.

NOW, ON TO MORE SIGNIFICANT NEWS:

After spotting the home-standing Dallas Cowboys a 21-6 lead (including missing two missed extra points) the Pack rallied for an exciting 35-31 victory over the ‘Pokes. The incomparable Aaron Rodgers (“AR”) led the last second comeback with a key third down scramble setting up the winning TD pass to Devonte Adams with 11 seconds remaining. Adams came back to catch two TD passes in an inspiring performance following a scary near-decapitation on a cheap shot by Bears’ LB Danny Trevathan during the Pack’s victory on Thursday, September 28.

PWS

10-08-17

 

GONZO’S WORLD: HOMOPHOBIC AG ATTACKS LGBTQ COMMUNITY WITH BOGUS LEGAL MEMO STRIPPING TRANSGENDER INDIVIDUALS OF CIVIL RIGHTS PROTECTIONS!

https://www.buzzfeed.com/dominicholden/jeff-sessions-just-reversed-a-policy-that-protects

Dominic Holden reports for BuzzFeed News:

“US Attorney General Jeff Sessions has reversed a federal government policy that said transgender workers were protected from discrimination under a 1964 civil rights law, according to a memo on Wednesday sent to agency heads and US attorneys.

Sessions’ directive, obtained by BuzzFeed News, says, “Title VII’s prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status.”

It adds that the government will take this position in pending and future matters, which could have far-reaching implications across the federal government and may result in the Justice Department fighting against transgender workers in court.

“Although federal law, including Title VII, provides various protections to transgender individuals, Title VII does not prohibit discrimination based on gender identity per se,” Sessions writes. “This is a conclusion of law, not policy. As a law enforcement agency, the Department of Justice must interpret Title VII as written by Congress.”

But Sharon McGowan, a former lawyer in the Justice Department’s Civil Rights Division and now an attorney for the LGBT group Lambda Legal, countered that Sessions’ is ignoring a widespread trend in federal courts.

“It’s ironic for them to say this is law, and not policy,” McGowan told BuzzFeed News. “The memo is devoid of discussion of the way case law has been developing in this area for the last few years. It demonstrates that this memo is not actually a reflection of the law as it is — it’s a reflection of what the DOJ wishes the law were.”

“The sessions DOJ is trying to roll back the clock and pretend that the progress of the last decade hasnt’ happened,” she added. “The Justice Department is actually getting back in the business of making anti-transgender law in court.”

“The Justice Department is actually getting back in the business of making anti-transgender law in court.”
The memo reflects the Justice Department’s aggression toward LGBT rights under President Trump and Sessions, who reversed an Obama-era policy that protects transgender students after a few weeks in office. Last month, Sessions filed a brief at the Supreme Court in favor of a Christian baker who refused a wedding cake to a gay couple. And last week, the department argued in court that Title VII doesn’t protect a gay worker from discrimination, showing that Sessions will take his view on Title VII into private employment disputes.

At issue in the latest policy is how broadly the government interprets Title VII of the Civil Rights Act of 1964, which does not address LGBT rights directly. Rather, it prohibits discrimination on the basis of sex.

But the Equal Employment Opportunity Commission, an independent agency that enforces civil rights law in the workplace, and a growing body of federal court decisions have found sex discrimination does include discrimination on the basis of gender identity and sex stereotyping — and that Title VII therefore bans anti-transgender discrimination as well.

Embracing that trend, former attorney general Eric Holder under President Obama announced the Justice Department would take that position as well, issuing a memo in 2014 that said, “I have determined that the best reading of Title VII’s prohibition of sex discrimination is that it encompasses discrimination based on gender identity, including transgender status. The most straightforward reading of Title VII is that discrimination ‘because of … sex’ includes discrimination because an employee’s gender identification is as a member of a particular sex, or because the employee is transitioning, or has transitioned, to another sex.”

But Sessions said in his latest policy that he “withdraws the December 15, 2014, memorandum,” and adds his narrower view that the law only covers discrimination between “men and women.”

“The Department of Justice will take that position in all pending and future matters (except where controlling lower-court precedent dictates otherwise, in which event the issue should be preserved for potential future review),” Sessions writes.

Sessions adds: “The Justice Department must and will continue to affirm the dignity of all people, including transgender individuals. Nothing in this memorandum should be construed to condone mistreatment on the basis of gender identity, or to express a policy view on whether Congress should amend Title VII to provide different or additional protections.”

Devin O’Malley, a spokesperson for the Justice Department, explained the decision to issue the memo, telling BuzzFeed News, “The Department of Justice cannot expand the law beyond what Congress has provided. Unfortunately, the last administration abandoned that fundamental principle, which necessitated today’s action. This Department remains committed to protecting the civil and constitutional rights of all individuals, and will continue to enforce the numerous laws that Congress has enacted that prohibit discrimination on the basis of sexual orientation.”

McGowan, from Lambda Legal, counters, “The memo is so weak that analysis is so thin, that it will courts will recognize it for what it is — a raw political document and not sound legal analysis that should be given any weight by them.”

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Virulent homophobia has always been a key element of the “Gonzo Apocalypto Agenda.” Check out this report from Mark Joseph Stern at Slate about how when serving as Alabama’s Attorney General Gonzo attempted to use an Alabama statute that had been ruled unconstitutional by a Federal Judge to both publicly demean LGBTQ students and stomp on their First Amendment rights. (So much for the disingenuous BS speech that Gonzo delivered on Free Speech at Georgetown Law last week.)  Here’s what happened:

“Attorney General Jeff Sessions delivered a speech at Georgetown University Law Center in which he argued that “freedom of thought and speech on the American campus are under attack.” As my colleague Dahlia Lithwick explained, the attorney general said this in “a room full of prescreened students who asked him prescreened questions while political demonstrators outside were penned off in ‘free speech zones.’ ” Ensconced in a safe space of his own, Sessions blasted the notion that speech can be “hurtful,” criticizing administrators and students for their “crackdown” on “speech they may have disagreed with.”

Mark Joseph Stern
MARK JOSEPH STERN
Mark Joseph Stern is a writer for Slate. He covers the law and LGBTQ issues.

Sessions’ hypocrisy on speech issues is not a new development. In 1996, the then–attorney general of Alabama used the full power of his office to try to shut down an LGBTQ conference at the University of Alabama. Sessions took his battle to court, asking a federal judge to let him block the conference altogether—or, at the very least, silence students who wished to discuss LGBTQ issues. He ultimately failed, but his campaign reveals a great deal about his highly selective view of free expression. Sessions claims to support freedom for “offensive” speech, but when speech offends him, he is all too happy to play the censor.

When Sessions served as Alabama attorney general, the state still criminalized sodomy. A 1992 law, Alabama Education Code Section 16-1-28, also barred public universities from funding, recognizing, or supporting any group “that fosters or promotes a lifestyle or actions prohibited by” the sodomy statute, either “directly or indirectly.” The law also forbade schools from allowing such organizations to use public facilities. Sessions’ predecessor, Jimmy Evans, had interpreted the statute to effectively outlaw the discussion or promotion of gay rights on public campuses, with that prohibition even extending to AIDS awareness campaigns.

In 1995, the University of South Alabama’s Gay Lesbian Bisexual Alliance sued in federal court to block Section 16-1-28. That summer, the U.S. Supreme Court had ruled that, under the First Amendment, public universities may not deny access to facilities or funding for student organizations on the basis of their viewpoints. This decision, the GLBA asserted, rendered Section 16-1-28 unconstitutional. U.S. District Judge Myron H. Thompson agreed, holding the law to be invalid in a January 1996 ruling.

This decision was excellent news for the Gay Lesbian Bisexual Alliance at the University of Alabama at Tuscaloosa. The GLBA had planned to host the Fifth Annual Lesbian, Gay, and Bisexual College Conference of the Southeastern United States in February 1996. Sessions, by now attorney general, was trying his hardest to shut it down.

“University officials say they’re going to try to obey the law,” Sessions said at the time, as CNN’s Andrew Kaczynski reported in December of last year. “I don’t see how it can be done without canceling this conference. I remain hopeful that if the administration does not act, the board of trustees will.” Sessions didn’t give up even after Judge Thompson struck down the law. “I intend to do everything I can to stop that conference,” he said.

In a last-ditch effort, Sessions returned to Thompson’s court and asked permission to ban the conference. “The State of Alabama,” he explained in court filings, “will experience irreparable harm by funding a conference and activities in violation of state law.” Failing a total ban, Sessions implored Thompson to let him censor any discussion of “safe sex and the prevention of sexually transmitted diseases.” Sessions claimed that, by talking about LGBTQ issues, conference attendees were essentially conspiring to promote criminal activity, and Alabama should not be obligated to support their criminality. Predictably, Thompson rejected Sessions’ arguments, writing that the attorney general was endeavoring to violate students’ free speech rights. Sessions then appealed to the 11th U.S. Circuit Court of Appeals, which unanimously ruled against Alabama. The conference went on as planned.

Cathy Lopez Wessell, a lead organizer and spokeswoman for the conference, told me Sessions’ intervention “was incredibly stressful. We got threatening phone calls. We were attacked from all sides.” She continued, “We were the abomination of the month. I didn’t feel safe in the world for a while. I started to internalize some of the judgment leveled at our group. I thought, there must be something deeply wrong with you if you need to be silenced.”

Lopez Wessell explained that Sessions’ campaign against the conference registered as a broader attack on LGBTQ students.

“If we can’t talk, do we have a right to exist?” Lopez Wessell asked. “If our speech is so dangerous that it needs to be stopped, then are we dangerous? We weren’t promoting any particular activity; we just wanted to talk—about our experiences, about our existence.”

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Denying the humanity as well as the human rights of those he is biased against is a staple of the Gonzo Apocalypto agenda. Just look at his constant attempts to tie all members of the Hispanic ethnic community to crime, drugs, and gangs (even though all credible studies show that immigrants or all types have markedly lower crime rates than native-born U.S. citizens) and his false and gratuitous attempts to tie “Dreamers” to crime, terrorism, and loss of jobs!

There is no more certain way of knowing that a DOJ “legal” memo is all policy and no law than the statement: “This is a conclusion of law, not policy.“ In other words, “Don’t you dare accuse me of doing what I’m actually doing!”

Since assuming the office of Attorney General for which he is so spectacularly unqualified, here’s a list of the folks whose rights or humanity Sessions has attacked or disparaged:

Hispanics

African Americans

LGBTQ Individuals

Dreamers

Immigrants

Refugees

Asylum Seekers

Poor People

Undocumented Migrants

Women

Muslims

Civil Rights Protesters

Black Athletes

City Officials Seeking To Foster Community Law Enforcement

Prisoners

Immigration Detainees

Forensic Scientists

State Governors Who Disagree With Him

Federal Judges Who Find Trump Policies Illegal

State & Federal Judges Who Object To Migrants Being Arrested At Their Courts

Convicts

Liberal Students & College Administrators

Anti-Facists

Anti-Hate-Group Activists

Reporters

Unaccompanied Migrant Children

President Obama

Whistleblowers (a/k/a “Leakers” in “Gonzopeak”)

DOJ Career Attorneys

I’m sure I’ve left a few out.  Feel free to send me additions. The list just keeps getting longer all the time.

The only group that appears to be “A-OK” with Gonzo is “White straight Christian male Republican ultra rightists.”

Liz was right!

PWS

10-05-17

 

 

 

 

 

GONZO’S WORLD: “Eggshell” Attorney General Is A Parody Of The First Amendment!

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/09/jeff_sessions_wants_a_first_amendment_that_celebrates_robust_criticism_of.html

Dahlia Lithwick writes at Slate:

“Having seen the Sessions DOJ prosecute someone for laughing at Jeff Sessions, it’s hardly surprising that he wants a First Amendment that celebrates the robust criticism of everyone but himself. Watching Sessions’ DOJ going after private Facebook information for anti-Trump activists, it’s hardly surprising that these much-vaunted free speech protections flow in the direction of Trump officials and away from Trump dissenters. It is, nevertheless, somewhat more surprising to see that the burgeoning theory that conservatives deserve free speech protections, and liberals deserve none, is becoming yet another normalized part of this abnormal administration. After all, if you cannot even see anyone from the opposing side, you certainly have no reason to hear their voices. And what was most striking about Sessions’ rousing performance at Georgetown is that he didn’t seem to even notice or concede that an opposing side exists. This has very real practical effects for his DOJ and for our rule of law.

Read, for example, the work of my friend Garrett Epps on the stunning DOJ brief filed in the Masterpiece Cakeshop v. Colorado Civil Rights Commission “religious baker” case to be heard at the Supreme Court this fall. The Justice Department evinces no solicitude at all for the injuries of anyone but the Christian baker at issue, the one who seeks not to be compelled to make a wedding cake for a gay couple. Sessions’ Department of Justice, for instance, argues that Colorado hadn’t yet acknowledged the rights of marriage equality at the time of the cake incident, so the fact that such equality is now a constitutional right should not even be considered. It’s a hard case, as Epps notes. But it’s vastly easier if you simply pretend away the interests of the other side. For this DOJ, there is nobody else on the radar. Nobody else exists.

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When talking about the First Amendment and the brutal and challenging clash of diverse opinions, a big part of that is the obligation to listen to ideas that might be uncomfortable or even painful to hear. But that relationship presupposes that we can see or acknowledge that there are speakers on the other side. More and more, it feels as though the Trump administration’s aperture has narrowed to the point where someone can espouse First Amendment values while viewing genuine opponents as wholly other, foreign, and not even worth giving the chance to respond. This is the framing for the NFL protests (Trump has free speech rights, the players do not) and the framing for Sessions’ speech about student speech.

There’s little doubt that Jeff Sessions meant it when he importuned the students before him to stand up for free speech and to spend their law school careers refining their own views in opposition to conflicting ideas. But it’s far from clear that he realized how absurd it was to say those things at an event that excluded faculty and students with different viewpoints. Admonishing law students to spend their time testing their pre-existing views against alternate ideas while engaging in almost daily acts of punishing and suppressing speech and expression of alternate ideas is insane. I’m not sure that the sparking, hotly contested debates between people who hate marriage equality and the people who really, really hate marriage equality is the sort of dispute Justices Jackson and Brandeis were thinking about.

And what is terrifying is the possibility that Sessions truly believes that people with different viewpoints don’t even exist anymore in any tangible application. These dissenters are all just enemies of the state. They are no more real to him than ghosts. More and more, Sessions is constructing a Justice Department in which the other side is just noise to him, not speech. And if you cannot even see protesters and political dissidents, it’s hardly a surprise that you cannot hear them either.”

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Read Lithwick’s complete article at the link.

I have to admit that it’s great to be retired, outside the repressively paranoid atmosphere of the DOJ (and that was before the reign of Gonzo began), and able to exercise my right to free speech again.

Sessions is enthusiastic about defending the right to promote hate speech, religious zealotry, and homophobia, all things in which he and his alt-right cronies fervently believe. But, when it comes to defending the rights of Blacks, Hispanics, immigrants, and the rest of us to protest, or in the case of Blacks and Hispanics to even exercise their voting rights, not so much.

Gonzo’s career has been built on disingenuously promoting bias, racial inequality, xenophobia, homophobia, intolerance, and white privilege in the name of a Constitution that it’s hard to believe he’s ever read much less understands or follows. Other than Trump, Bannon, or Miller, I can’t imagine anyone less qualified than Gonzo to pontificate about the First Amendment, or indeed any portion of the U.S. Constitution other than, perhaps, the Second Amendment which apparently is the only part of the Constitution they have ever heard about down in Ol’ Bammy.

PWS

09-29-17

AR & REST OF PACK ASK FANS TO JOIN THEM IN STANDING UP FOR SOCIAL JUSTICE BEFORE TOMORROW NIGHT’S GAME WITH BEARS AT LAMBEAU!

http://www.greenbaypressgazette.com/story/sports/nfl/packers/2017/09/26/packers-players-invite-fans-join-moment-unification/706899001/

The Green Bay Press Gazette reports:

“In a statement issued Tuesday evening, Green Bay Packers players invited fans attending their game Thursday against the Chicago Bears to join them in locking arms together during the national anthem at Lambeau Field.

Here is the complete statement:

“The NFL family is one of the most diverse communities in the world. Just look around! The eclectic group of players that you root for, the coaches you admire, the people you sit next to in the stands, those high-fiving on military bases, fans at the sports bar or during tailgate parties—we all come from different walks of life and have unique backgrounds and stories.

“The game of football brings people together. As NFL players, we are a living testimony that individuals from different backgrounds and with different life experiences can work together toward a common goal.

RELATED: Aaron Rodgers asks fans to lock arms in unity during anthem

“This Thursday during the national anthem at Lambeau Field, Packers players, coaches and staff will join together with arms intertwined—connected like the threads on your favorite jersey. When we take this action, what you will see will be so much more than just a bunch of football players locking arms. The image you will see on September 28th will be one of unity. It will represent a coming together of players who want the same things that all of us do—freedom, equality, tolerance, understanding, and justice for those who have been unjustly treated, discriminated against or otherwise treated unfairly. You will see the sons of police officers, kids who grew up in military families, people who have themselves experienced injustice and discrimination firsthand, and an array of others all linking together in a display of unity.

“Those of us joining arms on Thursday will be different in so many ways, but one thing that binds us together is that we are all individuals who want to help make our society, our country and our world a better place. We believe that in diversity there can be UNI-versity. Intertwined, we represent the many people who helped build this country, and we are joining together to show that we are ready to continue to build.

“Let’s work together to build a society that is more fair and just.

“Join us this Thursday by locking arms with whoever you’re with, stranger or loved one, wherever you are—intertwined and included—in this moment of unification.”

– The Packers Players”

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Go Pack!

 

 

 

 

 

 

 

GONZO’S WORLD: “Jeff Sessions Defends Trump’s Right To Speak Out Against Free Speech”

http://www.huffingtonpost.com/entry/jeff-sessions-trump-nfl_us_59ca8732e4b0cdc7733534d4

Ryan Reilly reports at HuffPost:

“WASHINGTON ― Attorney General Jeff Sessions gave an impassioned defense of the values of free speech on Tuesday, proclaiming that “in this great land, the government does not tell you what to think or what to say.” Then the nation’s top law enforcement official condemned the actions of NFL players who protest during the national anthem and defended his boss’ right to call for them to be fired.
“The president has free speech rights too,” Sessions said after a speech at Georgetown Law, when asked whether he was concerned that President Donald Trump had criticized NFL players for exercising free-speech rights. Sessions said he did not think protesting during the national anthem was an appropriate form of speech because it “weakens the commitment” of citizens to the country.
“I agree that it’s a big mistake to protest in that fashion,” Sessions said.
“I would note of course that the players are not subject to prosecution, but if they take a provocative act, they can expect to be condemned, and the president has a right to condemn them,” Sessions said. “I would condemn their actions,” but not them personally, he continued.
“There are many ways, these players with all the assets that they have, can express their political views,” Sessions said. There are ways to protest without “denigrating the symbols of our nation,” Sessions said.
He said decisions about how protests were handled were up to NFL officials.
“The freedom of every individual player is paramount under the Constitution, it’s protected, and we have to protect it,” Sessions said. “It’s not a contradiction there.”

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I can see that it would be of paramount importance to our democracy to have a President threaten and deride citizens asserting their civil rights and the civil rights of others which guys like Trump and Sessions have undermined. The only thing more important would be protecting the right of bakers to engage in homophobic actions.

Basically, it comes down to it’s OK for a powerful White bully to stir up gratuitous racial animosity, but it’s not OK for Black guys to defend their rights against the powerful White bully.  Clearly, that’s the way things are done in good old ‘Bammy where Gonzo hails from, and which seems to be his only frame of reference.

Little wonder that all parts of our Constitutional justice system are endangered by having this right wing wacko as Attorney General.

PWS

09-26-17