"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
Born in 1921, Motley was the first Black woman to argue at the Supreme Court and the first to serve as a federal judge. Democratic presidents twice considered — and twice rejected — her for a seat on a federal appeals court.
Motley, who went by Connie, faced countless indignities. She graduated from New York University and Columbia Law School, and a Wall Street firm offered her a job interview based on her stellar academic record. But the firm wouldn’t even meet with her when she showed up for the appointment because she was Black. Instead, she took a job at the NAACP Legal Defense Fund.
She was the only female lawyer at the Fund for 15 years. During her employment interview in 1945 with then Legal Defense Fund boss Thurgood Marshall, the future Supreme Court justice asked her to climb a ladder next to a bookshelf. “He wanted to inspect her legs and feminine form,” writes Tomiko Brown-Nagin in her compelling and readable new biography of Motley, “Civil Rights Queen.” When Marshall stepped down to become a judge in 1961, he passed over Motley and picked a less experienced White man as his successor.
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Motley earned less than men who did the same work. Motley nonetheless won nine of the 10 cases she argued at the Supreme Court. As a new mother, struggling with postpartum depression, she drafted briefs for Brown v. Board of Education. Pursuing the implementation of the landmark decision turned out to be a decades-long slog. She successfully integrated the flagship universities in Georgia and Mississippi, where she was James Meredith’s attorney.
In 1965, Lyndon B. Johnson had intended to nominate Motley to take Marshall’s seat on the U.S. Court of Appeals for the 2nd Circuit when he resigned to become solicitor general — a stepping-stone to the Supreme Court in 1967. But then-Sen. Robert F. Kennedy (D-N.Y.), remembered by history as a civil rights champion, pressed Johnson to pick a White man over Motley for the appellate court. Kennedy called Attorney General Nicholas Katzenbach in July 1965 to complain that naming Motley would be too risky from a “political and public relations viewpoint.” Katzenbach summarized the call in a memo to Johnson. “I think there is merit in Sen. Kennedy’s assessment,” the attorney general told the president.
(Johnson nominated Motley to the District Court for the Southern District of New York a year later. The American Bar Association declined to give Motley a “highly qualified” rating on the dubious grounds that she lacked trial experience in New York, even though she’d litigated hundreds of cases in federal courts. Senate Judiciary Committee Chairman James O. Eastland (D-Miss.) accused her of being a communist sympathizer and held up Motley’s confirmation for seven months.)
A dozen years later, during Jimmy Carter’s presidency, Attorney General Griffin Bell had veto power over judicial nominations and opposed Motley’s elevation to the 2nd Circuit because they’d tangled when she was a lawyer for the Legal Defense Fund. Carter eventually nominated Amalya Kearse, a Black woman who was a partner at a major law firm and didn’t have critics inside his administration.
Along the way, Motley mentored Sonia Sotomayor after the future justice joined Motley’s court in 1992. Sotomayor, who in 1998 secured the 2nd Circuit appeals court seat that eluded Motley, famously wrote that “wise Latina” judges “would more often than not reach a better conclusion” than White male judges who lacked their lived experiences. Motley, who rejected being called a “feminist,” disagreed that female judges brought special insight to the bench. Instead, she argued for a more representative judiciary on the grounds that inclusion would strengthen democracy by increasing confidence in the rule of law among racial minorities.
Motley died in 2005 at 84, still believing in the ability of the third branch to help deliver on that promise. Biden’s pledge to name a Black woman to the Supreme Court is a validation of Motley’s enduring faith in a system that repeatedly passed her over.
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The Thurgood Marshall story shows that it wasn’t only White men who undervalued Black women. Black men displayed some of the same disgusting and condescending attitudes! Motley just kept on achieving and contributing, making the most of her opportunities, rather than stewing about what had unfairly (and probably illegally) been denied to her.
Obviously, the careers of guys like GOP Senators Wicker, Cruz, and Kennedy show that White guys still benefit from a system that still doesn’t hold them to the same standards imposed on women, particularly talented women of color.See, e.g.,https://apple.news/A-e_PL2khRhiEbrj_L7woCA
But, unlike these “snowflake right-wing whiners,” women of color are used to “plowing forward” and making their own way, despite systemic biases and obstacles placed in their path by men of limited ability who spread lies, show disgusting bias, and contribute little to the common good!
Folks, this is the same Ted Cruz who demonstrated his true character and lack of concern for his constituents by fleeing with his family to a cushy resort in Cancun while Texas was in crisis! He’s also someone who would deny legal refuge to those whose lives are actually in danger because they don’t “fit in” with his White Nationalist view of desirable demographics. (Compare “Cancun Ted’s” version of “refuge” with the camps in which real refugees and their families are rotting in Mexico thanks to righty-wing judges and GOP AGs.)
Perhaps the most interesting disconnect among the privileged GOP White guys who are opposing a Black woman nominee who hasn’t even been named yetis the juxtaposition with the performance of these dudes during the Kavanaugh confirmation hearings — an unending homage to the “birth privilege” of angry, entitled right-wing white guys. Here’s an apt quote from Chauncey Devega in Salon:
When Trump says “young men,” no adjective or modifier is needed. It is clear to everyone, given his inclinations, history, words and deeds, that “young men” of course means “white men”.
This reflects a larger sentiment in America at present. For too many white men — poor, working-class and middle-class — there is widespread anger at somehow being displaced by nonwhites and women who are “cutting ahead in line” because of “affirmative action” and other nonexistent “entitlements.”
These angry white men feel obsolete and marginalized in a changing America, frustrated by globalization and excluded by a more cosmopolitan country. But their anger is misdirected toward the groups they perceive to be receiving “special treatment.” Their collective anger would be better directed at men who look like them but who have created social inequality, injustice and immiseration in America and around the world.
President Biden should stick to his guns and nominate a talented and deserving Black woman. It’slong, long overdue! And, he should pay no attention whatsoever to the outrageous, totally disingenuous laminations of privileged guys like Cruz, Wicker, and Kennedy who have already “achieved” far above the level of their demonstrated merit, ability, or positive contributions to the common good.
We need Federal Judges and Justices who are wise, fair, talented, experienced contributors to society; we don’t need the advice or “stamp of approval” of insurrectionists and dividers who rely on racially biased myths to cover for their own all too obvious human inadequacies!
April 21, 2020. Migrants didn’t bring coronavirus to the U.S. Inevitable as its arrival was, U.S. travelers returning from abroad hastened the infection. The Trump regime ignored advanced warnings, wasted time, failed to prepare, and intentionally misled the public into believing that the problem was minor and under control. As we know, it was neither. No wonderthe “Chief Clown” needs to shift attention to “the usual suspects.”
Rather than being a threat, courageous, talented, hard-working migrants of all types have been at the forefront of our battle against coronavirus. They put their own lives at risk to provide health care, medical research, food, sanitation, delivery, stocking, transportation, cleaning, technology, and other essential services. Their reward from Trump, Miller, and the other regime racists: to be scapegoated and further dehumanized by those whose “malicious incompetence” actually threatens the health and safety of all Americans.
Nobody knows what the U.S. economy will look like post-COVID-19. But, we can be sure that migrants will play a key role in our future. And, of course, permanent legal immigrants are carefully screened and required to undergo health examination before being admitted.
Meanwhile, Democrats complain, but show show no sign of actually using their leverage to halt the regime’s invidious assault on migrants. They weren’t even to get all taxpaying immigrant families included in the initial stimulus payments nor have they been able to require immigration authorities to comply with best health practices for detained migrants. Nor does it look like the needs of migrants will be addressed by the latest proposed legislation, although exact details are still pending. So, their bluster is just that —bluster.
Undoubtedly, the brave lawyers of the New Due Process Army will mount legal challenges to this latest assault on the rule of law. While some challenges might succeed in the lower Federal Courts, to date the “J.R. Five” on the Supremes have shown no inclination to look critically at any of the regime’s many misuses and abuses of so-called “emergency” and “national security” rationales, even when they are transparently bogus “pretexts” for xenophobia, religious bigotry, and racism.
Perhaps it’s largely a moot point right now. Market forces affect immigration. With worldwide travel restrictions, borders closed, and 22 million out of work in the U.S., the allure of migration to the U.S. should be sharply reduced.
The Trump regime’s open hostility to immigrants plus our chaotic response to COVID-19, perhaps the world’s worst overall at this point, might make the U.S. a less attractive place for future immigration, particularly for legal migrants who have other choices. Demand for migration is normally a sign of economic and social health. As America fades into disorder under the kakistocracy, so might our ability to attract migrants, particularly those we claim to prize.
According to James Hohmann at the Washington Post, senior officials at the DHS were surprised by Trump’s late night tweet announcing the impending action. As Hohmann noted, that’s an indication of the deep thought, analysis, and preparation that went into this action. Trump has normalized incompetence and dumb decisions made based on a racist political agenda to the point where they barley cause a ripple in our distorted national discussion anymore. I’d say it was like being “goverened” by a five-year-old, but that would be a supreme insult to most five-year-olds I know.
While the “Chief Clown” can’t move fast enough to reopen the economy, even in the face of solid evidence that the it’s premature in most areas, don’t expect the bogus “immigration emergency” to end as long as this regime is in power. Crisis becomes yet another opportunity for the “worst of the worst among us” — the kakistocracy — to act on their biases and prejudices and get away with it.
WASHINGTON — Congressional Democrats slammed President Donald Trump after he announced that he plans to suspend immigration to the United States, arguing that such a move does nothing to protect Americans from the coronavirus and deflects attention away from his handling of the outbreak.
House Democratic Caucus Chairman Hakeem Jeffries, D-N.Y., tweeted that Trump is the “xenophobe. In. chief.”
“This action is not only an attempt to divert attention away from Trump’s failure to stop the spread of the coronavirus and save lives, but an authoritarian-like move to take advantage of a crisis and advance his anti-immigrant agenda. We must come together to reject his division,” tweeted Rep. Joaquin Castro, D-Texas, chairman of the Congressional Hispanic Caucus.
Shortly after 10 p.m. ET on Monday, Trump announced in a tweet, “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!”
There were no additional details. A senior administration official said Trump could sign the executive order as early as this week.
Sen. Tim Kaine, D-Va., Democrats’ 2016 vice presidential nominee, called it a “pathetic attempt to shift blame from his Visible Incompetence to an Invisible Enemy.”
. . . .
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Read Rebecca’s full article at the link.
Due Process Forever. The White Nationalist Kakistocracy Never!
James Hohmann reports for the Washington Post’s “Daily 202:”
— Hundreds of minors are being held at U.S. facilities at the southern border beyond legal time limits. Abigail Hauslohner and Maria Sacchetti report: “Federal law and court orders require that children in Border Patrol custody be transferred to more-hospitable shelters no longer than 72 hours after they are apprehended. But some unaccompanied children are spending longer than a week in Border Patrol stations and processing centers, according to two Customs and Border Protection officials and two other government officials. … One government official said about half of the children in custody — 1,000 — have been with the Border Patrol for longer than 72 hours, and another official said that more than 250 children 12 or younger have been in custody for an average of six days. …
“The McAllen Border Patrol station, a facility near the southern tip of Texas that is routinely overwhelmed, was holding 775 people on Tuesday, nearly double its capacity. The Washington Post this week made a rare visit inside the facility, where adults and their toddler children were packed into concrete holding cells, many of them sleeping head-to-foot on the floor and along the wall-length benches, as they awaited processing at a sparsely staffed circle of computers known as ‘the bubble.’ … Experts say transferring children out of detention facilities as quickly as possible is critical, especially for ‘tender age’ children — those 12 or younger, who face physical and mental health issues even during short periods in detention. They sleep fitfully, do not eat well and suffer anxiety, said Amy Cohen, a child psychiatrist and expert witness in the Flores case.”
— Border agents apprehended 1,036 migrants in a record roundup near El Paso earlier this week. The apprehensions, which included 63 children traveling alone, reflect an uptick in the number of large groups trying to cross the border. Border agents apprehended a group of 424 migrants, the previous record, just last month. (NBC News)
Here’s the statement of ABA President Bob Carlson:
May 31, 2019
Statement of ABA President Bob Carlson, Re: Improper Detention of Immigrant Children
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WASHINGTON, May 31, 2019 — The American Bar Association is deeply disturbed by reports that hundreds of unaccompanied children seeking refuge in the United States are being held by the U.S. Border Patrol in violation of the law and federal policies.According to federal law and court orders, immigrant children generally cannot be held by law enforcement for more than 72 hours before being transferred to shelters that are better equipped to care for their physical and psychological needs. Yet news reports cite recent federal data that hundreds of children, many aged 12 and younger, have been held in Border Patrol custody for an average of six days, in facilities that are intended to be short-term processing stations.The current situation is unacceptable. Leaders at every level of the federal government, including the White House and Congress, must immediately find legal and humane alternatives that relieve the suffering of these children – and then work to create and fund comprehensive, long-term solutions.
With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/newsand on Twitter @ABANews.
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How “gonzo” has our country become? Our dishonest and unqualified “President” makes idiotic threats against our “friends” because his Administration has been too maliciously incompetent to deal with a relatively predictable flow of individuals merely seeking to exercise their legal rights. Somehow, the mess in Central America, for which we share a great part of the blame, becomes Mexico’s problem to solve. But, while the vast majority of those arriving at our borders are surrendering themselves to apply under our laws, the Trump Administration is violating the law on a grand scale by mistreating children and others in detention.
In a rational country, there would be a massive, bipartisan, expedited movement to remove this unqualified demagogue from office before he does more damage to our country and our world. But not in today’s America.
Sadly, that appears to be the real meaning of “American exceptionalism.”
James Hohmann from the “Daily 202” in today’s WashPost:
— Here are five of the main issues where the intelligence community leaders broke with Trump:
Coats “said that North Korea was ‘unlikely to completely give up its nuclear weapons and production capabilities,’ which the country’s leaders consider ‘critical to the regime’s survival.’ That assessment threw cold water on the White House’s more optimistic view that the United States and North Korea will achieve a lasting peace and that the regime will ultimately give up its nuclear weapons.’”
“None of the officials said there is a security crisis at the U.S.-Mexico border, where Trump has considered declaring a national emergency so that he can build a wall.”
“Officials also warned that the Islamic State was capable of attacking the United States and painted a picture of a still-formidable organization. Trump has declared the group defeated and has said he wants to withdraw U.S. troops from Syria as a result.”
“The officials assessed that the government of Iran was not trying to build a nuclear weapon, despite the Trump administration’s persistent claims that the country has been violating the terms of an international agreement forged during the Obama administration. Officials told lawmakers that Iran was in compliance with the agreement.”
“Officials also warned, as they did last year, about Russia’s intention to interfere with the U.S. political system. … Trump continues to equivocate on whether Russia interfered in the 2016 election on his behalf, contradicting the unanimous assessment of all the top intelligence officials currently serving.”
I’ve been saying on “Courtside” for some time that the real existential threat to our national security is Trump. While the Administration has undoubtedly completely screwed up our asylum system at the border and in the U.S. Immigration Courts that has almost nothing to do with “national security.”
It’s simply a matter of common sense: We know (or should know) almost exactly what the number oF arrivals is going to be, particularly when they travel in slow-moving “caravans” that easily can be tracked and anticipated. We certainly could “funnel” almost all of them into the legal screening system for asylum.
Get the Inspectors and Asylum Officers down there to do the screening, and the necessary Immigration Judges, ICE lawyers, and defense counsel to decide cases of those screened in! Take lower priority cases, most involving long-term residents who have been here and likely will continue to be here for years, off the overcrowded Immigration Court dockets!
This would allow processing of the “new influx” in a timely manner, with full due process, and without creating more “Aimless Docket Reshuffling” in the Immigration Courts. It would also avoid the always ineffective, wasteful, and usually illegal “gimmicks” that the Administration has used to “game” the asylum system against applicants. And, certainly in this respect, getting more pro bono lawyers involved would be a much bigger help than more unneeded troops or Border Patrol Agents. Let the Border Patrol go back to their job of apprehending those border crossers who aren’t turning themselves in at or near the border to apply for asylum. Stop wasting resources and solve the problem!
Meanwhile, we should all be scared by Trump’s disregard of the prudent advice of his “national security and intelligence team.”
— An undocumented woman who works as a housekeeper at Trump’s golf club in Bedminster, N.J., told her story to the New York Times. Miriam Jordan reports: “[Victorina] Morales’s journey from cultivating corn in rural Guatemala to fluffing pillows at an exclusive golf resort took her from the southwest border, where she said she crossed illegally in 1999, to the horse country of New Jersey, where she was hired at the Trump property in 2013 with documents she said were phony. She said she was not the only worker at the club who was in the country illegally. Sandra Diaz, 46, a native of Costa Rica who is now a legal resident of the United States, said she, too, was undocumented when she worked at Bedminster between 2010 and 2013.
“The two women said they worked for years as part of a group of housekeeping, maintenance and landscaping employees at the golf club that included a number of undocumented workers, though they could not say precisely how many. There is no evidence that Mr. Trump or Trump Organization executives knew of their immigration status. But at least two supervisors at the club were aware of it, the women said, and took steps to help workers evade detection and keep their jobs. …
“During the presidential campaign, when the Trump International Hotel opened for business in Washington, Mr. Trump boasted that he had used an electronic verification system, E-Verify, to ensure that only those legally entitled to work were hired. ‘We didn’t have one illegal immigrant on the job,’ Mr. Trump said then. But throughout his campaign and his administration, Ms. Morales, 45, has been reporting for work at Mr. Trump’s golf course in Bedminster, where she is still on the payroll. An employee of the golf course drives her and a group of others to work every day, she says, because it is known that they cannot legally obtain driver’s licenses.”
— Morales said mistreatment by her supervisor helped motivate her to come forward. Nick Miroff, Tracy Jan and David A. Fahrenthold report: “In an interview Thursday evening with The Washington Post from her attorney’s office, Morales said she has not been fired or heard from her employer since the publication of the Times article, in which she said she presented phony identity documents when she was hired at Trump National Golf Club. Morales said she was scheduled to report to work Friday but did not plan to go, and said she made the decision to come forward because of mistreatment by her direct supervisor at the golf resort, including what she described as ‘physical abuse’ on three occasions.”
— Monthly border arrests reached a new high for the Trump presidency last month. Miroff reports: “During a month when the president’s attention was fixed on caravan groups of Central American migrants streaming into the Mexican border city of Tijuana, large groups of parents with children crossed into southern Arizona and the Rio Grande Valley of South Texas with far less fanfare. U.S. Customs and Border Protection detained 25,172 members of ‘family units’ in November, the highest number ever recorded, as well as 5,283 ‘unaccompanied minors.’ Combined, those two groups accounted for nearly 60 percent of all border arrests in November. Overall, CBP arrested or denied entry to 62,456 border-crossers in November, up from 60,772 in October.”
— Trump claimed without evidence that border officials are “bracing for a massive surge.” “Arizona, together with our Military and Border Patrol, is bracing for a massive surge at a NON-WALLED area. WE WILL NOT LET THEM THROUGH. Big danger,” Trump wrote on Twitter. “Nancy and Chuck must approve Boarder Security and the Wall!”
— A growing number of immigrants facing deportation argue they would return to grave danger in their home countries, putting increased pressure on a strained legal system. Maria Sacchetti reports: “In a shaky voice, [Santos] Chirino described the MS-13 gang attack that had nearly killed him, his decision to testify against the assailants in a Northern Virginia courtroom and the threats that came next. … ‘I’m sure they are going to kill me,’ Chirino, a married father of two teenagers, told the judge. … [He] believed Chirino was afraid to return to Honduras. But the judge ruled that he could not stay in the United States. … Nearly a year after he was deported, his 18-year-old daughter and 19-year-old son arrived in the Arlington immigration court for their own asylum hearing. They were accompanied by their father’s lawyer, Benjamin Osorio. ‘Your honor, this is a difficult case,’ Osorio told Judge John Bryant, asking to speed the process. ‘I represented their father, Santos Chirino Cruz. . . . I lost the case in this courtroom . . . . He was murdered in April.’ ”
— The president and House Democrats appear to have no appetite for an immigration compromise involving border wall funding and the “dreamers.” David Nakamura reports: “Trump and Democratic leaders are rejecting talk of a grand bargain on immigration that would provide $25 billion for the wall at the U.S.-Mexico border in exchange for permanent legal status, and possible citizenship, for up to 1.7 million young undocumented immigrants known as ‘dreamers.’ That plan was reportedly on the table in January before the White House derailed the talks by insisting on additional concessions, including slashing legal immigration and speeding up deportations. Asked by reporters Thursday whether House Democrats would be interested in the original deal, possible incoming Speaker Nancy Pelosi (Calif.) bluntly replied: ‘No.’ The wall money and the dreamers ‘are two different subjects,’ she said.”
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Please note the reference to the article by Maria Sacchetti about “Death and The Arlington Immigraton Court” that I posted last night. https://wp.me/p8eeJm-3mV
You can read the rest of the “Daily 202” for today at the above link.
A panel of three judges, each appointed by a Republican president to the federal appeals court in Chicago, ruled unanimously on Thursday against President Trump’s effort to withhold money from “sanctuary cities.”
The U.S. Court of Appeals for the 7th Circuit upheld a nationwide injunction that blocks the Justice Department from using “the sword of federal funding to conscript state and local authorities to aid in federal civil immigration enforcement.”
Trump’s latest courtroom defeat offers yet another civics lesson about checks and balances for the first president in American history who lacks any prior governing or military experience. Unlike congressional Republicans who have by and large kowtowed and capitulated to Trumpism, despite private uneasiness and grumbling in many cases, Republican-appointed judges are free not to care about the wrath of the president or blowback from his loyalists. This gives them the breathing room to worry more about the rule of law than partisanship. That was the point of an independent judiciary and giving lifetime appointments. It’s how the Constitution is supposed to work.
Judge Ilana Rovner, who was appointed to a district judgeship by Ronald Reagan and elevated to the circuit by George H.W. Bush, offers a remarkable rebuke of the Trump administration in a 35-page opinion that can be read as a tutorial on the separation of powers. She even throws around words like “tyranny” that you don’t often see in opinions of this nature:
“Our role in this case is not to assess the optimal immigration policies for our country,” she writes. “Rather, the issue before us strikes at one of the bedrock principles of our nation, the protection of which transcends political party affiliation and rests at the heart of our system of government …
“The founders of our country well understood that the concentration of power threatens individual liberty and established a bulwark against such tyranny by creating a separation of powers among the branches of government. If the Executive Branch can determine policy, and then use the power of the purse to mandate compliance with that policy by the state and local governments, all without the authorization or even acquiescence of elected legislators, that check against tyranny is forsaken …
“Congress repeatedly refused to approve of measures that would tie funding to state and local immigration policies. Nor … did Congress authorize the Attorney General to impose such conditions. It falls to us, the judiciary, as the remaining branch of the government, to act as a check on such usurpation of power. We are a country that jealously guards the separation of powers, and we must be ever‐vigilant in that endeavor.”
Rovner, 79, and her parents fled Latvia, and the Nazis, when she was an infant. She lost family members in the Holocaust. She often says that she decided to become a lawyer to stop anything like that genocide from happening again. Displayed in her chambers are the green card she was issued when she arrived in America in 1939 and her mother’s passport. “These are the things that saved my life,” she told the Chicago Tribune for a 2011 profile.
Her scathing opinion was joined by Judge William Bauer, who was appointed by Gerald Ford. Judge Daniel Manion, who Reagan put on the bench, wrote a concurrence saying he would have narrowed the injunction to protect only Chicago, rather than keeping it national.
The injunction was ordered last September by District Judge Harry Leinenweber, who was also appointed by Reagan.
2:02
Sessions in 2017: ‘Sanctuary’ cities lead to crime
Attorney General Jeff Sessions criticized Chicago’s sanctuary city policy while speaking in Miami on Aug. 16, 2017.(Reuters)
Attorney General Jeff Sessions has tried to require that cities give federal immigration agents access to undocumented immigrants who are in their jails in order to get certain public safety grants. This effort has already been blocked in separate lawsuits by federal judges in California and Pennsylvania. The judge who blocked the administration from holding back money from Philadelphia, Michael Baylson, was appointed by George W. Bush and wrote an unusually long 128-page ruling against the administration in November.
The 7th Circuit opinion yesterday complains that the term sanctuary cities “is commonly misunderstood” and “a red herring.” Contrary to popular understanding, the judges explain, “the federal government can and does freely operate in ‘sanctuary’ localities.”
— The Justice Department quickly criticized the ruling, saying the administration continues to believe it has the power to attach strings to money appropriated by Congress and complaining that courts keep issuing broad injunctions that thwart Trump. “Many in the legal community have expressed concern that the use of nationwide injunctions is inconsistent with the separation of powers, and that their increased use creates a dangerous precedent,” DOJ spokesman Devin O’Malley said in a statement. “We will continue to fight to carry out the department’s commitment to the rule of law, protecting public safety, and keeping criminal aliens off the streets to further perpetrate crimes.”
— Chicago Mayor Rahm Emanuel held an afternoon news conference to blast Trump as petty for refusing to hand over the grant money while the case continues to play out in the courts. “The Trump Justice Department could actually say ‘OK, we’re going to go forward with these grants, and let’s fight the case out in court,’” said the Democrat, who was Barack Obama’s first White House chief of staff. “But they refuse to give municipalities like Chicago and other cities around the country the resources to fight crime and gun violence, because they think fighting us on the principle of being a sanctuary, welcoming city, is more important than helping the police departments get the technology they need to do a better job in public safety.”
1:00
Supreme Court restricts deportations of immigrant felons
The Supreme Court ruled on April 17 that an immigration statute requiring the deportation of noncitizens who commit felonies is unlawfully vague.(Reuters)
— This is just the latest legal setback for Trump when it comes to his far-reaching immigration agenda.
On Tuesday, Justice Neil Gorsuch joined the Supreme Court’s four liberal members to strike down part of a federal law used to deport noncitizens who commit felonies on the grounds that it was unconstitutionally vague. The 5-to-4 decision could limit the government’s ability to deport people with criminal records, a Trump priority.
“Vague laws invite arbitrary power,” Gorsuch wrote in a concurring opinion. “Today’s vague laws … can invite the exercise of arbitrary power all the same — by leaving the people in the dark about what the law demands and allowing prosecutors and courts to make it up.”
“For the conservative Gorsuch to align with the liberals might seem a surprise, but his vote was in keeping with questions he asked during oral argument in October. And he was in part following in the footsteps of the justice he replaced, the late Antonin Scalia,” explains Supreme Court beat reporter Robert Barnes. “In 2015, Scalia wrote the court’s decision in Johnson v. United States, which struck down a similarly vague description of violent felony in the Armed Career Criminal Act.”
— Trump is incensed about Gorsuch’s vote. Administration officials say the president has been complaining to them that the justice “had proved too liberal in recent cases,” Robert Costa, Josh Dawsey and Rosalind S. Helderman report. “Associates … said it renewed his doubts that Gorsuch would be a reliable conservative. One top Trump adviser played down the comments as unhappiness with Gorsuch’s decision rather than with Gorsuch broadly.”
— In February, the Supreme Court rejected Trump’s request to immediately review the lower court decisions that prevent him from ending the Deferred Action for Childhood Arrivals program (DACA). Getting cert. would have only taken four votes, which means at least one GOP appointee opposed the administration’s request. The litigation over the fate of the “dreamers” will now follow the normal process, winding through the circuit courts.
1:35
President-elect Donald Trump pledged to end “sanctuary cities” while campaigning for the White House. Washington, D.C., is one such city.(Claritza Jimenez/The Washington Post)
— The courts have proved vexing for Trump since his first days in office. District Judge James Robart in Washington state, who was nominated by George W. Bush in 2004, halted the president’s first travel ban, which blocked citizens of seven majority-Muslim countries from entering the United States.
“The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!” Trump tweeted angrily.
But it wasn’t. A three-judge panel on the 9th Circuit, which included another Bush 43 nominee, unanimously agreed. The administration withdrew the ban and issued another watered-down version.
— Barack Obama also lost cases in the courts, including on immigration. But he typically failed before conservative judges who had been appointed by Republicans more than judges appointed by his Democratic predecessors. The Harvard-educated former constitutional law professor had a much better record. To be sure, most judges appointed by Republicans are still siding with the administration most of the time. And Trump is remaking the judicial branch by appointing nominees who share his worldview.
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We should remember that it actually was GOP appointees like Judge Richard Posner of the 7th Circuit and Chief Judge John Walker of the 2nd Circuit (a cousin of President George W. Bush) who led the “Charge of Judicial Outrage” that eventually shut down the “assembly line removal system” set up by Ashcroft following his infamous “BIA Purge.”
James Hohmann reports in the Washington Post “Daily 202:”
Jeff Sessions attacked Oakland’s mayor in a speech last week in Sacramento. An ICE spokesman has resigned over what he says were false statements by the attorney general. (Rich Pedroncelli/AP)
— “The San Francisco spokesman for U.S. Immigration and Customs Enforcement has resigned over what he described as ‘false’ and ‘misleading’ statements made by top-ranking officials, including Attorney General Jeff Sessions and ICE Acting Director Thomas D. Homan,”Meagan Flynn reports. “The now-former spokesman, James Schwab, told news outlets late Monday that his resignation stemmed from statements by Homan and Sessions that potentially hundreds of ‘criminal aliens’ evaded ICE during a Northern California raid in February because Oakland Mayor Libby Schaaf warned the immigrant community in advance. Schwab said he pushed back on that characterization — but said ICE instructed him to ‘deflect’ questions from the press.”
“I quit because I didn’t want to perpetuate misleading facts,” he told the San Francisco Chronicle. “I asked them to change the information. I told them that the information was wrong, they asked me to deflect, and I didn’t agree with that. Then I took some time and I quit. … I didn’t feel like fabricating the truth to defend ourselves against her actions was the way to go about it.”
It’s not like James Schwab and James Hohmann are the only ones calling out Trump & Sessions for their consistent lies and misrepresentations about immigration. As reported by the always amazing Tal Kopan @ CNN last week, California Governor Jerry Brown essentially issued the same warning that you can’t believe much of anything that comes out of our Attorney General’s mouth:
“California Gov. Jerry Brown fired back at Attorney General Jeff Sessions and President Donald Trump on Wednesday after their lawsuit challenging the state’s immigration laws, calling the administration “full of liars” and repeatedly referencing the special counsel investigation into Russian meddling in the 2016 US election.
The Democratic governor was speaking on the heels of Sessions’ visit to Sacramento to announce a lawsuit against California for its so-called sanctuary policies of non-cooperation with federal immigration enforcement.
In slamming Sessions’ appearance as a “political stunt” that was full of “lies” and untruths, Brown needled Sessions personally and his relationship with the President, which is famously fraught.
“I do think this is pure red meat for the base, and I would assume — this is pure speculation — that Jeff thinks Donald will be happier with him and I bet Donald will be tweeting his joy with this stunt,” Brown said.”
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You can read both Hohmann’s and Tal’s complete articles at the links.
Sadly, the Trump Administration as a whole, and Jeff Sessions in particular, have made lies, misrepresentations, and knowingly false narratives a staple of their tortured and often illegal immigration policies. I think that, rather than “biased Federal Judges” as disingenuously claimed by Sessions, has led to an impressive string of losses for the Administration and the DOJ in the lower Federal Courts on immigration issues.
I predict that the losing has just begun. If and when Sessions follows through on his apparent plan to destroy the U.S. Immigration Court System, literally thousands of cases are likely to be sent back or permanently blocked by legal rulings in the Circuit Courts.
Although Sessions arrogantly claims that a majority of the Supremes are “in the Administration’s pocket” and therefore can be counted on to overrule the Circuits, fact is that the Supremes can’t and won’t take every big immigration case the Government loses. So, Trump and Sessions better get used to “living with defeat.” It’s going to become a way of life, as our immigration and justice systems deteriorate under this Administration’s toxic leadership.
THE BIG IDEA: Democrats are so eager to shield young foreign-born “dreamers” from deportation that they’re now offering to make compromises that would have been hard to imagine a year ago. Republicans, who feel like they have them over the barrel, are demanding more.
Showing his pragmatic side, for instance, Bernie Sanders says he’s willing to pony up big for border security if that’s what it takes. “I would go much further than I think is right,” the Vermont senator said in an interview Tuesday afternoon. “Unwillingly. Unhappily. I think it’s a stupid thing to do. But we have to protect the dreamers. … I’m willing to make some painful concessions.”
Sanders said a wall is still a “totally absurd idea” and that there are better ways to secure the border with Mexico, but he also emphasized that there will be “a horrible moral stain” on the country if President Trump goes through with his order to end the Deferred Action for Childhood Arrivals (DACA) program next month.
— Anti-immigration hardliners are staking out a firm position because most of them are not actually concerned about the plight of the dreamers. They have never thought these young people, whose undocumented parents brought them to the United States as children, should be here anyway. They agitated for Trump to end the program.
This means they’ll be fine if no bill passes, and they know that gives them way more leverage to demand wholesale changes to the entire legal immigration system. “The president’s framework bill is not an opening bid for negotiations. It’s a best and final offer,” said Sen. Tom Cotton (R-Ark.), who has emerged as the leader of this group in the Senate. He made this comment yesterday on “Fox and Friends,” knowing the president watches. Sure enough, Trump echoed the same talking point on Twitter, calling this the “last chance” for action.
— Mitch McConnell wants to use this week’s immigration debate to force show votes that can be used to embarrass vulnerable Democratic senators from red states. For example, the majority leader introduced a measure yesterday that would penalize so-called sanctuary cities for not cooperating with federal immigration laws. This issue tests well in polls and focus groups in most of the 10 states Trump carried in 2016 where a Democrat is now up for reelection. GOP insiders on the Hill say that McConnell is mainly focused on doing whatever it takes to protect his majority now that 2018 has arrived, and he has a narrower majority after the loss in Alabama.
— Democrats stuck together to block the Senate from taking up the poison pill on sanctuary cities, but the fact that the debate has so quickly devolved into a fight over process offered another data point – if for some reason you needed one – of how dysfunctional the Senate has become.
Trump urges senators to back his immigration proposal
— “Most Republicans on Tuesday appeared to be rallying behind a proposal by Senate Judiciary Committee Chairman Charles E. Grassley (R-Iowa) and six other GOP senators that fulfills Trump’s calls to legalize 1.8 million dreamers, immediately authorizes spending at least $25 billion to bolster defenses along the U.S.-Mexico border, makes changes to family-based legal immigration programs and ends a diversity lottery system used by immigrants from smaller countries,” Ed O’Keefe reports. Senate Minority Leader Chuck “Schumer said the Grassley plan unfairly targets family-based immigration and that making such broad changes as part of a plan to legalize just a few million people ‘makes no sense.’
“In a bid to soften Trump’s proposals and win over Democrats, Sen. Jeff Flake (R-Ariz.) unveiled a watered-down version of the GOP proposal — but had not won support from members of either party by late Tuesday. Sen. Lindsey O. Graham (R-S.C.), a longtime proponent of comprehensive immigration changes, said the Grassley proposal should be the focus of the Senate’s debate. … Schumer and other Democrats, meanwhile, voiced support for a plan by Sens. Christopher A. Coons (D-Del.) and John McCain (R-Ariz.) that would grant legal status to dreamers in the country since 2013 but would not immediately authorize money to build out southern border walls and fencing.”
— Democrats would like to pass a narrow bill that only protects DACA recipients, but they know that’s not possible with Republicans in control of Congress and the presidency. To get the 60 votes needed to break a filibuster, they’re conceding on at least some of Trump’s demands related to security. Sanders said there are between 55 to 57 votes for a compromise that would save the dreamers and fund border protections. “We are scrambling now for three to five more votes,” he said.
— The Senate will convene at 10 a.m. to continue debate, as negotiations behind the scenes continue. Somewhat counterintuitively, conservative hardliners believe that Latinos will be less likely to turn out this November if nothing passes in Congress because activists will blame Democrats for not delivering.
Bernie Sanders heads to a Democratic caucus meeting in the Capitol. (Oliver Contreras for The Washington Post)
— Despite concerted efforts by Trump and McConnell to drive a wedge through the Democratic caucus, there remains a remarkable degree of unity. This highlights how much the terms of the immigration debate have shifted over the past decade. Every Democrat in Congress now wants to protect DACA recipients. It wasn’t always this way. The House passed a Dream Act in 2010 that would have allowed undocumented immigrants to apply for citizenship if they entered the United States as children, graduated from high school or got an equivalent degree, and had been in the United States for at least five years. Five moderate Democrats in the Senate voted no. If each of them had supported it, the bill would have become law, and DACA would have been unnecessary. Sen. Jon Tester (D-Mont.) is the only one of those five Democrats still left. (The others retired or lost.) Now Tester speaks out against the president’s decision to end DACA. (I explored this dynamic in-depth last September.)
Sanders marveled during our interview at how much the polling has shifted in recent years toward protecting dreamers, with some public surveys showing that as many 90 percent of Americans don’t think they should be deported. The share who think they should also have a pathway to become U.S. citizens has also risen. “If we talked a year or two ago, I’m not sure I would have thought that would be possible,” he said.
Hillary Clinton relentlessly attacked Bernie during the debates in 2016 for voting to kill comprehensive immigration reform in 2007. Sanders – working closely with some of the leading unions – expressed concern back then that the bill would drive down wages for native-born workers by flooding the labor market with cheap foreign workers. This position caused him problems with Hispanics during his presidential bid.
Sanders rejects the idea that his views have changed since 2007, and he still defends his 11-year-old vote. He noted that the League of United Latin American Citizens (LULAC) opposed that bill, as did the Southern Poverty Law Center, because it included a guest worker program that was “akin to slavery.” He said he remains just as concerned about guest worker programs as he was back then, but that he’s always favored a comprehensive solution that includes legal protections for the more than 11 million undocumented immigrants who live here. “You can say you support immigration reform, but obviously the devil is in the details on what that means,” the senator explained. “I stood with progressive organizations who said you don’t want to bring indentured servitude.”
Sanders criticized a guest worker program in his home state that allows resorts to hire ski instructors from Europe instead of native Vermonters. “Now do you not think we can find young people in Vermont who know how to ski and snowboard? But if you go to some of the resorts, that’s what you would find,” he said. “When I was a kid, we worked at summer jobs to help pay for college. … So I think we want to take a hard look at guest worker programs. Some of them remain very unfair.”
— After coming surprisingly close to toppling Clinton and winning the Democratic nomination two years ago, Sanders is at or near the top of the pack in every poll of potential 2020 primary match-ups. He’s going to Des Moines next Friday for a rally with congressional candidate Pete D’Alessandro, his first visit to Iowa this year. Sanders will also go to Wisconsin for Randy Bryce, who is running against Speaker Paul Ryan, and Illinois, where he’ll boost Chuy Garcia’s bid for retiring Rep. Luis Gutierrez’s open seat. A few weeks after that, he plans a tour of the Southwest. “I’m going to do everything I can to help people in 2018,” Sanders said.
Lobbying for their lives
— Republicans have gone the other direction. Before Trump came on the scene, the party was divided but GOP elites agreed that, for the long-term survival of the party, they needed to embrace more inclusive policies. Losses in 2012 prompted many Senate Republicans to endorse a comprehensive bill the next year (Sanders voted for it too), but the legislation was doomed in the House after Majority Leader Eric Cantor went down in a Virginia primary partly because of his perceived softness on the issue.
Elected Republicans used to insist adamantly that they were not anti-immigration but anti-illegal immigration. That’s changed. At the behest of Trump and Attorney General Jeff Sessions, Republicans are rallying around the idea of dramatic reductions in legal immigration. Two years ago, this was an extreme idea that most GOP senators would have quickly distanced themselves from. Now it’s considered mainstream and the centerpiece of the bill that McConnell has rallied his members behind.
To put it in perspective: By cutting the rate of legal immigration, Trump’s proposal – codified in Grassley’s bill — would delay the date that white Americans become a minority of the population by as many as five additional years, according to expert analysis.
“What’s very sad, but not unusual given the moment we’re living in, is that Republicans are more concerned about their right-wing, extremist, xenophobic base,” said Sanders. “You would think that, with 85 to 90 percent of people supporting protections for the dreamers, that it would not take a profile in courage to pass legislation to protect them.”
Kelly: ‘Dreamers’ who didn’t sign up for DACA were ‘too afraid’ or ‘too lazy’
— A dual-track fight over DACA is playing out in the courts. A federal judge in New York issued a preliminary injunction last night that keeps the program alive beyond Trump’s March 5 deadline so that legal challenges can play out. “A federal judge in California has issued a similar injunction, and the Supreme Court is expected this week to consider whether it will take up the fight over DACA,” Matt Zapotosky reports.
U.S. District Judge Nicholas Garaufis recognized that Trump “indisputably” has the authority to end the program put in place by Barack Obama, but he also called the administration’s arguments that DACA was unconstitutional and illegal under federal law flimsy. “Because that conclusion was erroneous, the decision to end the DACA program cannot stand,” he wrote.
— Happy Valentine’s Day. Don’t forget to get a gift.
— What I’m especially excited about this morning is baseball. Pitchers and catchers are reporting for spring tr
Contrary to most of the “chatter,” I think that the Dreamers and the Democrats have the upper hand in this one. I’ll tell you why below!
A “border security package,” could involve the Wall, technology and much needed management improvements at DHS (but certainly no additional detention money — stop the “New American Gulag” — or personnel for the Border Patrol until they full current vacancies and account for how they are currently are deploying agents).
Beyond that, the Dems probably could agree to a reallocation of diversity and some preference visas while maintaining current legal immigration levels. Cutting legal immigration levels, eliminating family immigration, or authorizing further denials of due process (the totally bogus and essentially evil claim that the current already inadequate protections for children and other vulnerable migrant’s are “loopholes”) should be “non-starters.”
If they can’t get the deal they want, the Dems can walk away and still win for the Dreamers in the long run. Here is why:
I doubt that Trump would actually veto a compromise bill passed by both Houses that protected Dreamers without his full “Four Pillars of White Nationalism” program.
If he does, any Democrat who can’t make Trump and the GOP pay for such a dumb move in the next election cycle doesn’t deserve to be a Democrat.
The “full Dreamer protection” trade for border security with no other changes should be a “no brainer.” If Trump or the GOP “tank” it over the restrictionist agenda, the Democrats should be able to make them pay at the polls.
Right now, the Administration is under two injunctions halting the repeal of the “core DACA” program.
If the Supremes don’t intervene, that issue could be tied up in the lower Federal Courts for years.
It’s very clear that the Administration’s current position is ultimately a loser before the lower Federal Courts.
If the Administration tries to “short-circuit” the process by going through APA to promulgate a regulation to terminate DACA, that process also is likely to be successfully challenged in the Federal Courts.
The so-called “legal rationale” that Sessions has invoked for ending DACA has literally been “laughed out of court.”
Trump himself has said that there is really no reason to remove Dreamers from the U.S.
So, on the merits, an attempt to terminate DACA by regulation probably would be held “without any legal or rational basis” by the lower Federal Courts.
Even if the Supremes give the “green light” to terminate DACA, most “Dreamers” by now have plausible cases for other forms of relief.
Many DACA recipients have never been in removal proceedings. If they have been here for at least 10 years, have clean criminal backgrounds, and have spouses or children who are U.S. citizens they can apply for “cancellation of removal.”
“Former DACA” recipients appear to be a “particular social group” for asylum and withholding of removal purposes. They are “particularized, the characteristic of having DACA revoked is “immutable,” and they are highly “socially distinct.” Many of them come from countries with abysmal human rights records and ongoing, directed violence. They therefore would have plausible asylum or withholding claims, or claims under the Convention Against Torture (“CAT”).
If ICE tries to use information voluntarily given by the Dreamers during the application process to establish removability or for any other adverse reason, that is likely to provoke a challenge that will be successful in at least some lower Federal Courts.
Safety in numbers.
There is nothing that Trump, Sessions, and the DHS can actually do to remove 700,000+ Dreamers.
The U.S. Immigration Courts are backed up for years, with nearly 700,000 already pending cases! Sessions is doing everything he can to make the backlog even worse. Dreamers will go to the “end of the line.”
Sure Sessions would like to speed up the deportation “assembly line” (a/k/a “The Deportation Railway”).
But, his boneheaded and transparently unfair attempts to do that are highly likely to cause “big time” pushback from the Federal Courts and actually “tie up” the entire system — not just “Dreamers.”
The last time the DOJ tied to mindlessly accelerate the process, under AG John Ashcroft, the Courts of Appeals remanded defective deportation orders by the basket-load for various due process and legal violations — many with stinging published opinions.
Finally, even former Attorney General Alberto Gonzalez (“Gonzo I”), hardly a “Due Process Junkie” had enough and slowed down the train. It took years for the “haste makes waste” Circuit Court remands to work their way back through the system. Some might still be hanging around.
Because the GOP White Nationalists and Trump read off of “restrictionist cue cards” that don’t take account of the law, facts, or history, the Dems should have a huge advantage here if and when individual “Dreamer” removal cases get to the Federal Courts.
Each “Dreamer removal case” should present the Democrats with excellent example of the cruelty, stupidity, and total wastefulness of the Trump/Sessions/DHS enforcement policies. Wasting money to “Make America Worse.” Come on, man!
Bottom Line:Trump and Sessions have created a “false Dreamer emergency” that they can’t escape without some help from the Democrats. If the Democrats see an opportunity to make a “good deal” for the Dreamers, they should take it. But, they shouldn’t trade the Dreamers for the harmful White Nationalist restrictionist agenda! Eventually, the problem will be solved in a way that is favorable for most Dreamers, regardless of what the White Nationalists threaten right now. The Dreamers might just have to hang on longer until we get at least some degree of “regime change.”
THE BIG IDEA: President Trump campaigned like a populist, but the budget he proposed Monday underscores the degree to which he’s governing as a plutocrat.
“This is a messaging document,” Trump budget director Mick Mulvaney told reporters at the White House.
Here are eight messages that the White House sends with its wish list:
1. Touching third rails he said he wouldn’t:
As a candidate, Trump repeatedly said he would never cut Medicare, Medicaid or Social Security.
Now he proposes cutting Medicare by $554 billion and Medicaid by around $250 billion over the next decade.
His plan includes new per-person limits on the amount of health care each Medicaid enrollee can use and a dramatic shift toward block grants, which would allow states to tighten eligibility requirements and institute work requirements that would kick some off public assistance.
Impacting the middle class, Trump also calls for cutting the subsidies that allow more than four in five people with marketplace health plans to afford their insurance premiums under the Affordable Care Act.
2. Scaling back support for the forgotten man:
Many displaced blue-collar workers in the Rust Belt took the president at his word when he promised to bring back their manufacturing jobs. But Trump’s budget calls for cutting funding for National Dislocated Worker Grants – which provides support to those who lose their jobs because of factory closures or natural disasters — from $219.5 million in 2017 to $51 million in 2019.
Also at the Labor Department, the president wants to slash support for the Adult Employment and Training Activities initiative, which serves high school dropouts and veterans, from $810 million last year to $490 million in 2019.
3. Giving up on a balanced budget:
Trump repeatedly promised that he would balance the budget “very quickly.” It turns out that a guy who has often described himself as the “king of debt” didn’t feel that passionately about deficits. Last year, he laid out a plan to balance the budget in 10 years. This year he didn’t even try. Trump now accepts annual deficits that will run over $1 trillion as the new normal.
Going further, the president also promised on the campaign trail that he’d get rid of the national debt altogether by the end of his second term. But his White House now projects that the national debt, which is already over $20 trillion, will grow more than $2 trillion over the next two years and by at least $7 trillion over the next decade. The administration repeatedly denied this in December as officials pushed to cut taxes by $1.5 trillion.
“After Ronald Reagan’s tax cuts in the 1980s, deficits exploded in the same range as Trump’s now, when calculated as a percentage of the economy, or gross domestic product. But Reagan’s famous ‘riverboat’ gamble came when the total national debt was a fraction of what it is today. Trump is pushing the envelope when debt is already near 80 percent of GDP, leaving far less room to maneuver if the economy turns downward,” David Rogers writes in Politico. “Economists and politicians alike don’t know what happens next. There’s all the edginess of breaking new ground. But also, as with Faulkner’s famous line, there is a sense that the past ‘is not even past.’ … Nothing now seems obvious, except red ink.”
Trump blames state of U.S. infrastructure on ‘laziness’ after WWII
4. Relying on fuzzy math:
Trump’s team knows full well that they’ll never get most of the spending cuts they’re proposing, but they’re using them to make the deficit look less bad than it really is. Just last Friday, the president signed into law an authorization bill that blows up the sequester and increases spending by more than $500 billion.
The White House also makes the unrealistic assumption that the economy will grow by more than 3 percent every year between now and 2024, which makes its projections for revenue growth rosier than they should be. No serious economist thinks that level of growth can be sustained. A recession seems probable in the next decade.
Senate Democrats noticed that Trump’s budget plan, if it was enacted, would actually result in a net decrease in federal spending on infrastructure. Chuck Schumer’s office identified more than $240 billion in proposed cuts over the coming decade to existing infrastructure programs, which is higher than the $200 billion Trump simultaneously proposed in new spending. “The cuts identified by Schumer’s office include a $122 billion reduction in outlays over the coming decade to the Highway Trust Fund, which pays for road projects and mass transit,” John Wagner reports. “Other proposed reductions would target an array of programs that fund rail, aviation [and] wastewater…”
In 1999, then-Texas Gov. George W. Bush denounced a House Republican plan to save $8 billion by deferring tax credit payments for low-income people. “I don’t think they ought to balance their budget on the backs of the poor,” he said at a campaign stop. “I’m concerned for someone who is moving from near-poverty to middle class.”
That sentiment seems quaint now. While Trump has never claimed the mantle of “compassionate conservatism,” his budget validates several of the negative stereotypes that Bush tried to shed.
Trump wants to cut $214 billion from the food stamp program in the next decade, a reduction of nearly 30 percent.
The budget shows Ben Carson has no suction at the White House. Despite his efforts, the secretary of housing and urban development was unable to stop Trump from reducing Section 8 federal housing subsidies by more than $1 billion, zeroing out community development block grants and eliminating a $1.9 billion fund to cover public housing capital repairs. The 14 percent cut at HUD is even deeper than what Trump proposed last year.
The budget cuts 29 programs at the Education Department, many of which are designed to help needy children – including after-school activities to keep kids off the street and a grant program for college students with “exceptional financial need.” Trump’s plan also gets rid of a tuition initiative that makes college affordable for underprivileged D.C. residents, who don’t have access to strong in-state universities.
Trump wants to neuter the Consumer Financial Protection Bureau by starving it of resources, limiting its enforcement power and changing its funding stream so that it’s more vulnerable to pressure from Wall Street.
He seeks to cut more than $2.5 billion from the annual budget of the Environmental Protection Agency, which is about a quarter of its spending. He’d eliminate funding for state radon-detection programs and end partnerships to monitor and restore water quality in the Gulf of Mexico, Puget Sound and other large bodies of water.
“Funding for the restoration of the Chesapeake Bay would fall from $72 million to $7 million, and a similar program for the Great Lakes would be cut from $300 million to $30 million — although neither would be wiped out,” Brady Dennis reports. “In addition, the Trump budget would eliminate — or very nearly eliminate — the agency’s programs related to climate change. Funding for the agency’s Office of Science and Technology would drop by more than a third, from $762 million to $489 million. And funding for prosecuting environmental crimes and for certain clean air and water programs would drop significantly.”
7. More guns, less butter:
Make no mistake, Trump is not calling for a reduction in the size of government. He seeks to spend $4.4 trillion next year, up 10 percent from last year. He’s calling for spending less on the homefront to cover a massive military buildup.
Trump asks for $716 billion in defense spending in 2019, a 13 percent increase. “The Trump plan provides more money for just about everything a general or admiral might desire,” Greg Jaffe notes. “The United States already spends more on its military than the next eight nations combined.”
Meanwhile, Trump proposes slashing the State Department’s budget by 23 percent. As Secretary of Defense James Mattis told Congress in 2013, when he was a Marine general leading Central Command: “If you don’t fully fund the State Department, then I need to buy more ammunition.”
Another campaign promise Trump is making good on: building his “Deportation Force.” The budget allocates $2.8 billion to expand immigration detention facilities so that 52,000 beds are always available, $782 million to hire 2,750 additional border agents, and $1.6 billion for the construction of 65 miles of border wall in Texas. (Whatever happened to Mexico paying?) He also adds $2.2 billion for the Secret Service to hire 450 more people.
Trump claims that U.S. has spent $7 trillion in the Middle East
8. Leaning in on privatization:
Trump wants to outsource as many public functions as possible to private, for-profit companies.
His budget calls for selling off scores of prized federal assets, from Reagan National and Dulles Airports to the George Washington Memorial Parkway and the Baltimore-Washington Parkway. “Power transmission assets from the Tennessee Valley Authority; the Southwestern Power Administration, which sells power in Arkansas, Kansas, Louisiana, Missouri, Oklahoma, and Texas; the Western Area Power Administration; and the Bonneville Power Administration, covering the Pacific northwest, were cited for potential divestiture,” Michael Laris reports. “It was not immediately clear what public or private entity might buy those roads, whether they might be tolled, or other details. Some state officials said they were uncertain about how their residents would benefit from such a proposal.”
The White House is re-upping its plan to shift the nation’s air traffic control system out of government hands, even though it went nowhere in Congress last year.
Finally, he wants to increase spending by more than $1 billion on privateschool vouchers and other school choice plans while slashing the Education Department’s budget by $3.6 billion and devoting more resources to career training, at the expense of four-year universities.
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Don’t be fooled by the “paper money” you might be making in the stock market (if you are one of the fortunate minority of Americans with money to invest). 2017 was one of the worst years in the history of American democracy, and 2018 promises to be even worse. Indeed, while American democracy has been resilient enough to stand up to Trump and the utterly corrupt GOP to date, they are now upping their attack. There is absolutely no guarantee that their plan to destroy our country and hand it over to an unholy mixture of Russian Oligarchs, Chinese Government Corporations, and greedy Capitalist plutocrats won’t succeed.
Donald Trump and today’s GOP are a clear and present danger to our national security and the future of our democracy!
“President Trump’s insistence that Steve Bannon, his former chief strategist and a top aide at the White House until five months ago, was a mere “staffer” who had “very little to do with our historic victory” is akin to Joseph Stalin trying to erase Leon Trotsky from the history of the Russian Revolution.”
Read Hohmann’s entire Daily 202 report for today here:
THE BIG IDEA: Jeff Sessions was the personification of a hostile witness whenever a Democratic lawmaker questioned him during a contentious five-hour oversight hearing on Wednesday.
The attorney general set the tone early in his first appearance before the Senate Judiciary Committee since his January confirmation. “I can neither assert executive privilege nor can I disclose today the content of my confidential conversations with the president,” Sessions said in his opening statement.
There were several yes-or-no questions that should have been easy for Sessions to answer, but he refused. Sometimes what someone will not say is more interesting than what they do.
THE SPECIAL COUNSEL:
— Sessions said he has not been interviewed by special counsel Robert S. Mueller III. But has his team requested an interview? “I don’t think so,” the attorney general told Sen. Richard Blumenthal (D-Conn.), reflecting the cautiousness he showed all day. “I don’t know … I don’t want to come in here and be trapped. … I will check and let you know.” Later, Sessions announced: “My staff handed me a note that I have not been asked for an interview at this point.”
— The attorney general declined to express personal confidence in Mueller, a former FBI director: “I think he will produce the work in a way he thinks is correct and history will judge,” Sessions said.
— He also declined to say whether he would resign if President Trump tried to fire Mueller. Sessions said getting rid of Mueller would be up to Deputy Attorney General Rod Rosenstein because he has recused himself. (Rosenstein was interviewed by Mueller’s team this summer.)
Sessions says he can’t disclose ‘confidential conversations’ with Trump
“THE CLOUD”:
— Sessions declined to discuss anything the president told him before firing James Comey. He pointedly refused to answer multiple questions about whether Trump told him that getting rid of the FBI director would “lift the cloud” of the Russia investigation. “I do not confirm or deny the existence of any communication with the president,” Sessions replied. Yet he didn’t hesitate to defend the president’s dubious rationale for axing Comey, which was the former FBI director’s alleged mishandling of the Hillary Clinton email investigation.
— If Trump hadn’t mentioned “the cloud,” why not just say so? In sworn testimony this June, Comey recounted a phone call he received from Trump at the FBI on March 30: “He described the Russia investigation as ‘a cloud’ that was impairing his ability to act on behalf of the country. He said he had nothing to do with Russia, had not been involved with hookers in Russia, and had always assumed he was being recorded when in Russia. He asked what we could do to ‘lift the cloud.’ … He finished by stressing ‘the cloud’ was interfering with his ability to make deals for the country and said he hoped I could find a way to get out that he wasn’t being investigated.”
Trump called again on April 11 to ask for an update on when Comey was going to announce publicly that he was not personally under investigation. “I replied that I had passed his request to the Acting Deputy Attorney General, but I had not heard back,” the former FBI director said. “He replied that ‘the cloud’ was getting in the way of his ability to do his job. … That was the last time I spoke with President Trump.”
— Sessions also would not say whether he was aware of Trump’s draft letter detailing some of the real reasons that he wanted to remove Comey, which Mueller has been reviewing.
Donald Trump and Joe Arpaio campaign together in Iowa last year. (Mary Altaffer/Associated Press)
PARDONS:
— Can the president pardon someone under investigation by Mueller before they’ve been charged? “Well, the pardon power is quite broad,” Sessions replied. “I have not studied it. I don’t know whether that would be appropriate or not, frankly.” Pressed further, he added later: “My understanding is a pardon can be issued before a conviction has occurred.” (He said that he’d like to reply with more detail in writing. That was one of his go-to lines throughout the day, though Democrats have complained for months that the Justice Department doesn’t respond to their letters.)
— Could the president pardon himself? Sessions again said he hadn’t studied the issue.
— Did Trump discuss pardoning Arizona sheriff Joe Arpaio with Sessions before he announced it? “I cannot comment on the private conversations I’ve had with the president,” he replied.
— What was the process that led to Arpaio’s pardon? “I don’t know that I remember or I know it precisely,” Sessions dodged.
Sessions: ‘I don’t know that I can make a blanket commitment’ to not jail reporters
JAILING REPORTERS:
— Will he commit to not putting reporters in jail for doing their jobs? “Well, I don’t know that I can make a blanket commitment to that effect,” Sessions replied to Sen. Amy Klobuchar (D-Minn.). “But I would say this: We have not taken any aggressive action against the media at this point. But we have matters that involve the most serious national security issues, that put our country at risk, and we will utilize the authorities that we have, legally and constitutionally, if we have to.”
Durbin slams Sessions for wanting safer cities, withholding police grants
LGBT DISCRIMINATION:
— Two weeks ago, Sessions sent a memo to all federal agencies on “protections for religious liberty.” Sen. Dick Durbin (D-Ill.) asked about it: “Could a Social Security Administration employee refuse to accept or process spousal or survivor benefits paperwork for a surviving same-sex spouse?”
After four seconds of silence, Sessions replied: “That is something I have never thought would arise, but I would have to give you a written answer to that, if you don’t mind.”
Durbin followed up: Would the guidance Sessions released permit a federal contractor to “refuse to provide services to LGBTQ people, including in emergencies, without risk of losing federal contracts?”
“I’m not sure that is covered by it,” Sessions said, “but I will look.”
“The questions were hardly out of left field — or unfamiliar to the Justice Department,” BuzzFeed notes, adding that the Justice Department has been declining to answer them for weeks.
— The evasiveness played out on a host of other policy questions:
Did Sessions talk with the Texas attorney general about DACA before convincing Trump to end the program? He said such a conversation, if it happened, would be tantamount to “work product” and thus privileged.
Is there any evidence to support Trump’s claim on Monday that the Cuban government was behind the sonic attacks on U.S. diplomats in Havana? “I’m just not able to comment,” Sessions replied.
— Democrats noted that Sessions, when he was a member of the committee, would never have tolerated one of Barack Obama’s appointees being so evasive.
— Republicans mostly rallied to Sessions’s defense. Sen. Chuck Grassley (R-Iowa), the chairman of the Judiciary Committee, noted that Eric Holder refused to turn over documents relating to the Fast and Furious program by asserting executive privilege. Though, Grassley added, “The American people have a right to know why (Comey) was fired.”
Jeff Sessions testifies. (Chip Somodevilla/Getty Images)
Sessions stumbles through questions about communicating with Russia
RUSSIA CONTACTS:
— The main headline out of the hearing is that the nation’s chief law enforcement officer is still getting his story straight on his interactions with the Russians: “Sessions offered a slightly new wrinkle Wednesday, asserting that he may have discussed Trump campaign policy positions in his 2016 conversations with (Ambassador Sergey) Kislyak,” Matt Zapotosky, Sari Horwitz and Devlin Barrett report. “The attorney general said it was ‘possible’ that ‘some comment was made about what Trump’s positions were,’ though he also said, ‘I don’t think there was any discussion about the details of the campaign.’ … The Post reported in July that Kislyak reported back to his superiors in the Kremlin that the two had discussed campaign-related matters, including policy issues important to Moscow. Sessions has previously said he did not ‘recall any specific political discussions’ …”
— Another significant admission: Sen. Ben Sasse (R-Neb.) asked whether the U.S. government is doing enough to prevent Russian interference in future elections. “We’re not,” Sessions responded.
— In the testiest exchange of the day, Sen. Al Franken (D-Minn.) sparred with Sessions over whether he told the truth during his confirmation hearing:
Al Franken Cross-Examines Jeff Sessions On Lying About Russian Meeting
HOW IT’S PLAYING:
— On the left:
Slate: “Jeff Sessions Is Using Phony Executive Privilege to Shield Trump, and GOP Senators Are Letting Him.”
Esquire: “Jeff Sessions Is Not Donald Trump’s Lawyer. And that suggestion could be a license for corruption.”
Mother Jones: “Justice Department Has Communicated With Controversial Election Commission, Sessions Confirms. The revelation fuels concerns over voter suppression efforts and could raise legal questions.”
The Nation: “Jeff Sessions Keeps Lying to the Senate. Sessions once claimed he never met with the Russians. Well, sorta, kinda, maybe. It depends…”
Gonzo would have been a “perfect fit” in the Nixon Administration which gave birth to the term, “stonewalling!”
Let’s see, Gonzo’s “progressed” from saying under oath that he had no contact whatsoever with any Russians during the campaign, to later “clarifying” that he met with none other than the Russian Ambassador during the campaign (while at least implying that these meetings were in his capacity as a Senator, not a campaign official), to saying that he “may have discussed Trump campaign policy positions in his 2016 conversations with (Ambassador Sergey) Kislyak.”Gosh, that sounds to me like enough to sustain an “adverse credibility finding” in U.S. Immigration Court if said by an immigrant!
But, Gonzo says it’s all the fault of bullies like Sen. Al Franken for springing “trick” questions on him. After all, who would have thought that a major figure in the Trump Campaign (one of his earliest, most vocal, and proudest supporters) would be asked nasty questions about the Russia probe?
Gonzo basically refused to discuss the dark implications of his war on LGBTQ Americans, while allowing as how he might target reporters in the future (this Dude recently made speeches on the First Amendment?) if necessary to stop national security leaks.
And, on DACA, Tal Kopan reports for CNN:
“Attorney General Jeff Sessions told senators they have an “opportunity to do something historic” on immigration on Wednesday as he was pressed repeatedly on the administration’s move to terminate a popular protection for young undocumented immigrants.
“We have got to have more than just an amnesty,” Sessions said in his opening remarks. “We need a good improvement in the illegality that’s going on, and there is an opportunity right now, I’m telling you, an opportunity to do something historic.”
Despite multiple follow-ups, Sessions did not diverge much from the remarks, repeatedly telling lawmakers the future of the Deferred Action for Childhood Arrivals program was in their hands.
Testifying before the Senate judiciary committee, the longtime immigration hardliner was asked by senators from both parties about the administration’s plans for DACA, which President Donald Trump has opted to end, citing Sessions’ recommendation.
. . . .
Sessions did not lay out details of what the administration may want to do for the Obama-era program, which protects young undocumented immigrants brought to the US as children from deportation. Sessions has long railed against the program and once again expressed his belief that the executive action was unconstitutional.
Illinois Democratic Sen. Dick Durbin, though, who has pursued legislation that would offer DACA-like protections for nearly two decades, pressed Sessions on how he could recommend to Trump that the program is unconstitutional and would be found the same in the courts when the Justice Department still maintains a 2014 Office of Legal Counsel memo on its website that found DACA would be constitutional.
“I believe this is accurate, that the so-called approval of DACA by OLC, Office of Legal Counsel, was based on the caveat or the requirement that any action that’s taken be done on an individual basis,” Sessions said, then appeared to mix up court precedent on the issue.
Sessions said a court had struck down the program because individual decisions were not made, but was seemingly referring to a decision made about an expansion of the program to parents. Courts have not found DACA to be unconstitutional to date.
Durbin noted that each DACA applicant is evaluated individually. All go through background checks before receiving the two-year permits.
Growing frustrated at Session’s answers, Durbin referenced his former colleague’s past on the other side of the dais. “I believe this is just about the moment that Sen. Sessions would have blown up,” Durbin said.
Later in the hearing, Hawaii Democratic Sen. Mazie Hirono, also a lawyer, asked Sessions if he considered any due process or “bait and switch” issues in recommending the program be ended, since DACA recipients willingly gave the Department of Homeland Security their information in exchange for protection when the program was created. Sessions said he didn’t believe it was discussed.
“It’s a valid issue,” Sessions said. “You’re right to raise it.”
But when Hirono pressed Sessions on what might happen to the individuals covered under the program if it ends in six months, Sessions deflected.
“The answer to that is in your hands,” he said. “Congress has the ability to deal with this problem in any number of ways.” He reiterated he did not support “simply an amnesty” without additional anti-illegal immigration measures, but said “if we work together, something can be done on that.”
In other words, Sessions continued to assert his conclusory, essentially “law free” position that DACA is unconstitutional. He didn’t even know which case he was wtalking about (and it’s not that he didn’t have any idea that Durbin and others were going to quiz him on DACA). At the same time, he can’t bring himself to acknowledge that the DACA young people have been a great boon to the US and to our economy and that they deserve a path to citizenship. Indeed, if Gonzo had his way and the “Dreamers” were actually removed from the US, it would actually “TANK” our economy by reducing our GNP by nearly one-half trillion dollars! See CNBC, John W. Schoen, “DACA deportations could cost US economy more than $400 billion,” available at this link:
And, Gonzo goes on to press his absurd demand that any relief from “Dreamers” be “offset” by Trump’s “off the wall” immigration restrictionist program. Dreamers are contributing over $400 billion to our GNP, so what’s there to “offset?” We should be happy to have them as permanent members of our society.
No, the real problem here is that the Dreamers and their families (who also are contributing to our society and economy) should have been screened and admitted through our legal immigration system. The solution isn’t to extract a “penalty” from the Dreamers, but rather to expand our legal immigration system so that future Dreamers and their hard-working productive families can be properly screened and legally admitted into the United States in the first place!
That Gonzo, others in the Administration, and the “restrictionist wing” of the GOP keep pushing in exactly the opposite direction is truly reprehensible. The real “national debate” that we should be having on immigration is how to get Dreamers and other law-abiding undocumented residents on a track to full integration into our society, how many MORE legal immigrants we should admit each year, and how we should select them to achieve the most both for our country’s future and for those vibrant, hard-working, and much-needed future immigrants that we should be attracting! Legal immigration is a good thing, to be valued and welcomed! It’s NOT something to be feared and restricted as Gonzo and his cronies would have us believe! And, by converting most of the flow of “undocumented migrants” into “legal immigrants” we would reduce the need for DHS enforcement directed at the immigrant community. Those resources could be redirected at removing the “real bad guys.”
James Hohmann writes in then”Daily 202″ in the Washington Post:
“THE BIG IDEA: Photographers caught a giddy Jeff Sessions cracking a satisfied smile last week as he prepared to announce that 690,000 undocumented immigrants who had been brought into the United States as minors would no longer be shielded from deportation. The Deferred Action for Childhood Arrivals program “is being rescinded,” the attorney general declared in the first line of his statement. “There is nothing compassionate about the failure to enforce immigration laws. … Failure to enforce the laws in the past has put our nation at risk of crime, violence and even terrorism. … The effect of this unilateral executive amnesty, among other things, contributed to a surge of unaccompanied minors on the southern border that yielded terrible humanitarian consequences. It also denied jobs to hundreds of thousands of Americans by allowing those same jobs to go to illegal aliens.” Fact checkers called these and other claims Sessions made about the immigrants known as “dreamers” dubious or outright false. Perhaps that’s why he didn’t take questions afterward. Regardless, the speech was widely covered as a triumph for the nation’s chief law enforcement officer and a sign that he was out of President Trump’s doghouse. Not only did Sessions get the outcome he wanted; he also got to deliver the news from the Justice Department briefing room. Trump’s DACA decision last week seemed to validate Sessions’s decision to slog on through the summer even after being frozen out of the inner circle. From interviews to tweets, Trump repeatedly attacked his attorney general throughout July as “weak” and “beleaguered.” The main reason Sessions chose to put up with indignities that might cause most people to quit was because he believed he could make a difference on immigration policy. That has always been his signature issue and animated his two decades in the Senate.
— But it took less than 10 days for Trump to once again undercut Sessions. The president on Thursday signaled his embrace of granting permanent legal status to these “dreamers” as part of a deal with Democrats that he said is close to being finalized. He also acknowledged that he’s not going to make a deal to save DACA contingent on getting funding for the wall he wants to build along the U.S.-Mexico border.
Discussing the exact same group of people that Sessions painted with such a sinister brush one week earlier, Trump tweeted yesterday: “Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military? Really!” Trump tweeted yesterday. “They have been in our country for many years through no fault of their own — brought in by parents at young age.”
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Read the rest of Hohmann’s always-entertaining column at the above link.
Quite simply, Jeff “Gonzo Apocalypto” Sessions is a poor excuse for a human being and a disgrace to the U.S. Department of Justice. What kind of person is motivated by a desire to destroy our society by hurting fine American young people and smearing them with lies and innuendo?
But, let’s not forget who empowered his message of hate and fear by appointing him, and who “blew by” his long record of racial problems while silencing the opposition that told truth. And, a special “shout out” should go to those who voted to put this intentionally divisive Administration in office and to the unapologetically racially challenged white GOP voters of Alabama who elected this leftover of the Jim Crow era time and time again.
Jeff Sessions does not represent the values of the majority of Americans. We must get it together at the ballot box to insure that he (and those like him) never again happen to us and to our country!
THE BIG IDEA: Exhausted from his ideological battles with the House Freedom Caucus and clashes with Donald Trump’s White House, Rep. Charlie Dent (R-Pa.) has decided to retire.
“As a member of the governing wing of the Republican Party, I’ve worked to instill stability, certainty and predictability in Washington,” Dent said in a statement last night announcing that he will not seek an eighth term. “I’ve fought to fulfill the basic functions of government, like keeping the lights on and preventing default. Regrettably, that has not been easy given the disruptive outside influences that profit from increased polarization and ideological rigidity that leads to dysfunction, disorder and chaos.”
Dent is the co-chairman of the moderate Tuesday Group, which has about 50 center-right members. That’s more than the three dozen or so guys in the Freedom Caucus, but the tea partiers punch above their weight because they mostly vote as a bloc.
— The retirement gives Democrats a prime pick-up opportunity, and some veteran GOP strategists are increasingly nervous that a stream of others will follow – especially if the House fails to put more legislative points on the board (e.g. overhauling the tax code) and the political winds continue to suggest major Democratic gains in the 2018 midterms.
— Dent has increasingly drawn the wrath of the Trumpist movement for his willingness to publicly express concerns about Trump that many of his House GOP colleagues are still only willing to say on background. The congressman called for Trump to drop out when the “Access Hollywood” tape emerged last October and then voted for independent Evan McMullin. Since January, he’s spoken out against the president’s travel ban, his firing of James Comey as FBI director and his false moral equivalency after Charlottesville.
Breitbart, again under Steve Bannon’s leadership, played up a story last Friday about an anti-Dent rally in Allentown that drew more than 100 conservative activists.
Pennsylvania state Rep. Justin Simmons announced on Wednesday that he would challenge Dent in a primary next year, emphasizing the incumbent’s lack of support for Trump. “Like many Republicans, I used to support Charlie Dent,” Simmons said in the press release kicking off his campaign. “But in the past year, Charlie Dent has completely gone off the rails.”
Dismissing the challenger as an opportunistic “phony,” Dent released embarrassing text messages that he received from him last year. One asked him to host a fundraiser to help in a contested primary. Another asked, “Do you think there’s any chance the party can replace Trump on the top of the ticket?”
Instead of facing off with Simmons, though, Dent is now stepping aside.
Rep. Dave Reichert (R-Wash.) arrives for a House Republican Conference meeting. (J. Scott Applewhite/AP)
— That surprise news came just one day after another seven-term moderate announced he will retire. Rep. Dave Reichert (R-Wash.), who represents a suburban Seattle district that Hillary Clinton carried, is chairman of the House Ways and Means subcommittee on trade. Breaking with the protectionist president, Reichert’s goodbye statement emphasized the importance of free trade to the Pacific Northwest. “From serving on President Obama’s Export Council to battling to reauthorize the Export-Import Bank to leading the fight to pass the U.S.-Korea free trade agreement, I have always fought to give our exporters the chance to sell their goods and services around the world,” he wrote.
— A third moderate, Rep. Ileana Ros-Lehtinen (R-Fla.), also expressed concern about the direction of the party when she revealed her plan to step down this spring. The first Cuban American elected to Congress expressed confidence she’d get reelected, even though Clinton won her Miami district by 20 points, but she said the prospect of two more years in the current environment just didn’t appeal to her. “It was just a realization that I could keep getting elected — but it’s not about getting elected,” she told the Miami Heraldin April.
Ros-Lehtinen, the former chairman of the House Foreign Affairs Committee, has spoken out loudly against Trump since then, on issues like deportations (including DACA this week), transgender rights (her son is transgender) and budget cuts. “I’m not one of those name-callers that think the Democrats don’t have a single good idea,” she said. “Too many people think that way, and I think that’s to the detriment to civility and of good government.”
— Even as relations continue to fray between Republican congressional leaders and Trump, Democrats say these retirements are just the latest proof points that the Trumpists have completed their hostile takeover of the GOP. “With Trump in charge of the GOP, they might as well have a sign on the door that says ‘moderates need not apply,’” said Democratic strategist Jesse Ferguson, who previously ran the independent expenditure arm of the DCCC. “The last cell-block has fallen and now Trump’s rabble of inmates are running the asylum. Dare to stand up to Trumpism by thinking people should be able to keep their healthcare or by opposing white supremacists, and you’ll find there is no home for you in the Republican party any more. That’s dangerous for the next two years and for the next 20. Whether it’s in Seattle, Miami, or now Allentown, the GOP is pushing out the only leaders who could convince suburban voters there was a way to get a home in the Republican Party that wasn’t Trump-owned.”
Charlie Dent does a TV hit in the Capitol. (J. Scott Applewhite/Associated Press)
— A close ally of GOP leadership, Dent also serves as chairman of the House Ethics Committee and is a powerful “cardinal,” which in congressional parlance means that he chairs an Appropriations subcommittee. (He controls tens of billions in annual spending related to veterans’ affairs and military construction.)
— While acknowledging that Trump is a factor, Dent says that the trends driving him to give up this immense power predate the current president.
The ideological makeup of the House Republican conference has changed markedly since Newt Gingrich seized the majority in 1994. When the party won back the lower chamber in the 2010 midterms, after four years in the wilderness, the success of the tea party movement meant that there were relatively fewer moderates than before.
Republicans dominated the decennial redistricting process and drew lots of safely red districts. This meant that many House members became more vulnerable to a primary challenge from their right than a general election challenge from a Democrat. House Majority Leader Eric Cantor went down in a 2014 primary, and the Freedom Caucus formed the next year.
This created additional incentives for members to become part of the unofficial “vote no, hope yes” caucus. This is a group of Republicans who want spending bills and debt-ceiling increases to pass but won’t support them because they fear retaliation from outside conservative groups. The departure of Barack Obama from the Oval Office has lessened some of the reflexive, knee-jerk partisanship (it’s harder to tell Trump no), but “vote no, hope yes” remains a powerful force that House Speaker Paul Ryan must contend with every day.
Perversely, these “no” votes force Republican leaders to turn to Democrats for the necessary votes to pass key bills. That has given Nancy Pelosi more leverage than she would have otherwise had. The result is that final deals are often less conservative than they might be otherwise.
People like Dent, who considers himself a conservative, constantly bang their heads against the wall because of this dynamic. He explained last night that solving problems requires “negotiation, cooperation and, inevitably, compromise.”
The 57-year-old said he has been having “periodic discussions” with his wife and three kids about whether to stay in Congress ever “since the government shutdown in 2013.” He said discussions about retiring “increased in frequency” earlier this year, and that he made the decision to step down “in midsummer” – before he drew the primary challenger. “Accomplishing the most basic fundamental tasks of governance is becoming far too difficult,” Dent explained to The Washington Post’s Mike DeBonis in an interview last night. “It shouldn’t be, but that’s reality.”
Rep. Charlie Dent, left, and Rep. Pat Meehan walk to a meeting with fellow House Republicans at the Capitol on Wednesday. (J. Scott Applewhite/AP)
— The nonpartisan Cook Political Report plans to move Pennsylvania’s 15th District – which covers Allentown, Bethlehem and much of the Lehigh Valley – from “Solid Republican” to “Lean Republican” in ratings that will publish later today.
Trump carried the district by eight points last November, while Dent won reelection by 20 points. Obama won the 15th in 2008 and narrowly lost it in 2012.
Democrats see a great pickup opportunity. “After nine months of utter failure to get even the most basic things done for hardworking families, it’s no surprise that Dent is as sick and tired of the Republican party as the American people,” said DCCC spokesman Evan Lukaske.
The NRCC chairman, Rep. Steve Stivers, expressed confidence Republicans will hold the seat. “From reforming the broken VA to ensuring every child has access to a high-quality education, Congressman Dent has championed conservative values since taking office in 2005,” said Stivers (R-Ohio). “While his leadership in Congress will be sorely missed, I wish him the very best in the next chapter of his life.”
— Dent is the 13th Republican to leave the House since the start of 2017. Four accepted jobs in the Trump administration, and three more are running for governor. Dent is the sixth to retire without another position in mind.
As a point of comparison, seven Democrats have announced plans to leave the House. All but one (Rep. Niki Tsongas of Massachusetts) did so to run for higher office. Only one represents a district Trump won: Tim Walz, who is now a front-runner to become the next governor of Minnesota.
— To be fair, though, the current number of House members who are retiring remains far below the historical norm. Going back to 1976, an average of 22 House members have retired in each cycle without seeking a higher office. With Dent, we’re at just seven for this term. Contrary to some of the liberal commentary on places like Twitter and cable news, Trump has not opened the floodgates. At least not yet.”
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Imagine someone who fights to “fulfill the basic functions of government, like keeping the lights on and preventing default. Regrettably, that has not been easy given the disruptive outside influences that profit from increased polarization and ideological rigidity that leads to dysfunction, disorder and chaos.” What audacity! No wonder today’s GOP wants Dent out! Bakuninists believe that revolution is necessary to destroy government and order, not to govern.
“THE BIG IDEA: Some have called him crazy. He thinks he’s crazy like a fox.
Let’s dispense once and for all with the fiction that Donald Trump doesn’t have a strategy. It may be a deeply-flawed strategy for reasons the neophyte president is not yet savvy enough to appreciate, but make no mistake: there is a strategy.
The conventional wisdom around Washington is that Trump is being impulsive as he disregards the counsel of his lawyers, who are correctly warning him that the travel ban may not survive a Supreme Court review if he continues to talk about it the way he does.
Yetthe president has now explicitly called for a “TRAVEL BAN” five separate times on Twitter over the past four days. Undercutting the spin that he was just reacting to a morning cable segment he saw on TV before coming downstairs to work, his social media team posted a video on Facebook (an account he doesn’t personally control) that featured the tweets set to dramatic music.
He posted this at 9:20 p.m. last night:
If Trump truly cared about the underlying ban and wanted it to be in place for the country’s security, as he claims, he would not be speaking so freely. The billionaire businessman has been mired in litigation off and on for decades and has demonstrated an ability – when his own money was at stake – to be self-disciplined.
The only explanation, then, is that he cares less about winning the case than reassuring his base. The number of posts reflects the degree to which Trump thinks the travel ban is a political winner. He is trying to signal for his 24 million Facebook fans and 31.7 million Twitter followers that he’s fighting for them, regardless of what the judges, the media and the Democrats say. As Trump put it this morning:
— Bigger picture, the president is trying to maintain his populist street cred and show his true believers that he’s not going wobbly on them after five months in Washington, despite back-tracking on more of his campaign promises than he’s kept.
Trump has always been a flashy show horse. Why would anyone think a septuagenarian is suddenly going to buckle down to become a work horse? As a developer, biographers and former associates say, he consistently cared more about the gold-plated façade than the foundation. This is why Trump could obsess about how the lobbies of his properties looked, even as his business ventures careened toward bankruptcy under the weight of bad loans and poor bookkeeping. (Marc Fisher explored this dynamic in February.)
— With his agenda imperiled, Trump increasingly seems determined to create an aura of effectiveness in the hopes that core supporters already inclined to support him won’t be able to tell the difference between optics and substance. Remember, this is the same candidate who once boasted that he could shoot someone on Fifth Avenue and his voters would stick with him.
Consider this: “Trump employed all the trappings traditionally reserved for signing major bills into law as he kicked off ‘infrastructure week’ on Monday: the stately East Room full of dignitaries, a four-piece military band to serenade, celebratory handshakes and souvenir presidential pens for lawmakers, promises of ‘a great new era’ and a ‘revolution’ in technology. Yetthe documents Trump signed amid all the pomp were not new laws or even an executive order. They were routine letters to Congress, relaying support for a minimally detailed plan in Trump’s budget to transfer control of the nation’s air traffic control system to a private nonprofit group,” the Los Angeles Times’s Noah Bierman reports.
But low-information voters may not be able to tell the difference when they see the b-roll of the ceremony on TV or an image in the paper.
It follows a pattern of Trump over-promising and under-delivering: “He touted the unveiling of his tax overhaul in April but released only a one-page set of bulleted talking points,” Noah writes. “Just last week, he tweeted that his tax bill is proceeding ‘ahead of schedule,’ though he has submitted no bill to Congress … Trump held a Rose Garden ceremony in May to celebrate House passage of a bill to repeal Obamacare … even as Republicans in the Senate served notice that the House bill was unacceptable. His promised ‘beautiful wall’ on the southern border is not yet on a drawing board. Likewise, many of the executive orders Trump has signed failed to live up to the president’s rhetoric.”
Bloomberg’s Toluse Olorunnipa noticed an amusing pattern and just posted a smart trend story about it: “From overhauling the tax code to releasing an infrastructure package to making decisions on NAFTA and the Paris climate agreement, Trump has a common refrain: A big announcement is coming in just ‘two weeks.’ It rarely does. … Trump’s habit of self-imposing — then missing — two-week deadlines for major announcements has become a staple of his administration … The president has used two-week timelines to sidestep questions from reporters or brag to CEOs at the White House. But his pronouncements have also flummoxed investors, Congress and occasionally even members of his staff.”
Is this strategy gimmicky and cynical? Absolutely. Does it work? For millions of people, yes.
Trump hands off a pen after signing a “decision memo” and a letter to members of Congress outlining broad principles of his plan to privatize the nation’s air traffic control system. (Jabin Botsford/The Washington Post)
— To be sure, Trump’s talent for showmanship has gotten him this far. He developed a valuable brand as a reality TV star and has leveraged his celebrity to get through rough patches before. He brought that skillset to the presidential race and assumes it will continue to work in Washington.
Indeed, White House officials defend Trump by arguing that he’s simply governing as he campaigned. “The president won an election by being somebody who is not a conformist candidate,” Marc Short, the White House director of legislative affairs, told reporters during a conference call last night. “He won by being somebody who the American people were anxious to change the culture in D.C. They understand that they were asking for disruption to the way D.C. operates. And I think that they’re anxious, the American people are anxious to see progress in this town. So he may not have conventional style in doing that, but many of his efforts are extremely helpful to, I think, getting our legislation accomplished.”
Short’s explanation offers a deeply revealing window into Trump’s theory of the case: All of the let-‘er-rip tweets in the wake of the attack on London Bridge have been focused on ginning up the GOP base. The president believes that, so long as grassroots activists back him, his adopted party’s lawmakers will have no choice but to follow. The fact that so many politicians have caved and capitulated over the past two years has taught him that he can get away with his unusual behavior. What the Republican governing class has never understood is that Trump doesn’t really respect people who kowtow to him; he sees it as a sign of their weakness. Seeing such timidity has only emboldened this president to pursue this bottom-up, outside-in approach. There is no evidence he will change until elected Republicans buck him en masse.
— Here’s the rub: There are some fresh signs that Trump’s act is wearing thin. While Trump’s floor of support has thus far stayed surprisingly high, the percentage of Americans who “strongly” approve of the president has continued to slip – from 30 percent earlier in the spring to about 20 percent now.
— More and more GOP lawmakers are also getting sick and tired of either defending the president or dodging questions about his latest provocative statement. “Trump’s refusal to disengage from the daily storm of news — coming ahead of former FBI director James B. Comey’s highly anticipated public testimony before the Senate Intelligence Committee on Thursday — is both unsurprising and unsettling to many Republicans (on the Hill), who are already skittish about the questions they may confront in the aftermath of the hearing,” Robert Costa reports on the front page of today’s Post. “In particular, they foresee Democratic accusations that Trump’s exchanges with Comey about the FBI probe into Russian meddling in the 2016 presidential campaign were an effort to obstruct justice. Some Republicans fear that Trump’s reactions will only worsen the potential damage.”
“It’s a distraction, and he needs to focus,” said former Trump campaign adviser Barry Bennett. “Every day and moment he spends on anything other than a rising economy is a waste that disrupts everything.”
“Unfortunately, the president has, I think, created problems for himself by his Twitter habit,” John Cornyn, the second highest-ranking Senate Republican, said with characteristic understatement during a Sunday interview on the Dallas TV station WFAA.
“We live in a world today where unfortunately a lot of communication is taking place with 140 characters. Probably it’s best to refrain from communicating with 140 characters on topics that are so important,” Bob Corker, chairman of the Senate Foreign Relations Committee, said one day after golfing with the president.
— Efforts to create a “war room” stocked with former campaign officials and top-flight lawyers have stalled.“Three people briefed on the matter said the process has been bogged down by a lack of decision-making in the West Wing over how to proceed, as well as reluctance from some of those the White House hoped to recruit about serving a president who keeps getting in his own way,” the AP’s Julie Pace reports. “The White House has made a conscious decision to avoid answering questions about the Russia probes, referring inquiries to Marc Kasowitz, the president’s outside counsel. Kasowitz has so far had no comment on the investigations, leaving those questions unanswered.”
“Anybody with press chops looks at this and they’re fearful there’s not a path to succeed,” said Sara Fagen, former White House political director for George W. Bush.
— Top lawyers with at least four major law firms rebuffed White House overtures to represent Trump in the Russia investigations, in part over concerns that the president would be unwilling to listen to their advice, Michael Isikoff reports for Yahoo News this morning. “Before Kasowitz was retained, however, some of the biggest law firms and their best known attorneys turned down overtures when they were sounded out by White House officials to see if they would be willing to represent the president.”
Jerry Moran leaves a closed-door GOP caucus luncheon at the Capitol. (J. Scott Applewhite/AP)
— Trump wants to blame Democrats for blocking his agenda, but the truth is that he cannot even get 50 Republican senators onboard for his biggest priorities. Consider these two other quotes from yesterday:
Kansas Sen. Jerry Moran, a former NRSC chairman and one of the most reliable votes in the Republican conference, put out a stinging statement about Trump’s pushto privatize the country’s air traffic control system: “Proposals to privatize air traffic control threaten the reliable transportation options provided by small airports and the general aviation community for millions of Americans. All but our largest airports nationwide stand to be hurt by this proposal. Privatization eliminates the chance for Congress and the American people to provide oversight, creates uncertainty in the marketplace and is likely to raise costs for consumers.”
On health care: “I just don’t think we can put it together among ourselves,” South Carolina Sen. Lindsey Graham told a gaggle of reporters, joining a growing chorus of Republicans who publicly and privately say that Obamacare repeal is unlikely to happen. (Last week, Richard Burr (R-N.C.) made a similar comment and Jeff Flake (R-Ariz.) said he doubted a bill could pass before the August recess.)
— “The most effective opponent of the Trump Presidency is Donald J. Trump,” the conservative Wall Street Journal editorial board opines this morning.“If Mr. Trump’s action is legal on the merits, he seems to be angry that his lawyers are trying to vindicate the rule of law. Attorney General Jeff Sessions would be justified if he resigned. … If this pattern continues, Mr. Trump may find himself running an Administration with no one but his family and the Breitbart staff. People of talent and integrity won’t work for a boss who undermines them in public without thinking about the consequences. And whatever happened to the buck stops here?”
— “The man is out of control,” Eugene Robinson writes in his column today. “I know his unorthodox use of social media is thought by some, including the president himself, to be brilliant. But I don’t see political genius in the invective coming from Trump these days. I see an angry man lashing out at enemies real and imagined — a man dangerously overwhelmed.”
— “The president has gone rogue,” adds Dana Milbank.“Though Trump’s ineffectiveness comes as a relief, his isolation is no cause for celebration. Whenever his back is to the wall, he becomes even more aggressive. The further he falls, and the more alienated he grows, the greater the danger that he will do something desperate — and there is much that a desperate commander in chief can do.”
Dana flags that an unnamed Trump confidant told CNN’s Gloria Borger last week that the president is a lost man:“He now lives within himself, which is a dangerous place for Donald Trump to be. I see him emotionally withdrawing. He’s gained weight. He doesn’t have anybody whom he trusts.”
“THE BIG IDEA: It’s one thing to not “lecture” foreign governments who abuse human rights. It’s something else entirely to praise them for it. And that’s exactly what Donald Trump did last month when he called Rodrigo Duterte.
The Post’s David Nakamura and Barton Gellman yesterday obtained a transcript of his April 29th phone call with the president of the Philippines.
“I just wanted to congratulate you because I am hearing of the unbelievable job (you’re doing) on the drug problem,” Trump told Duterte at the start of their conversation, according to the document. “Many countries have the problem, we have a problem, but what a great job you are doing and I just wanted to call and tell you that.”
“Thank you Mr. President,” replied Duterte. “This is the scourge of my nation now and I have to do something to preserve the Filipino nation.”
Trump, who affectionately referred to Duterte as “Rodrigo” during their chat, then took an unsolicited dig at Barack Obama. “I … fully understand that and I think we had a previous president who did not understand that,” the U.S. president said. “You are a good man … Keep up the good work. … You are doing an amazing job.”
With Breanne Deppisch
Duterte called Obama the “son of a whore” during a press conference last September. When he promised to curse out the then-president if he brought up his death squads, the White House canceled a bilateral sit-down that had been scheduled. When Obama later raised concerns about his human rights record, Duterte replied that he could “go to hell.” (He often uses unprintable profanity.)
— The context of Trump’s comments matters: Duterte is an authoritarian thug. He has overseen a brutal extrajudicial campaign that has resulted in the killings of thousands of suspected drug dealers. His abuses are well documented, including in reports by the U.S. State Department and Human Rights Watch.
Duterte has publicly compared his campaign to crack down on drugs to the Holocaust, saying he would like to “slaughter” millions of drug addicts just like Adolf Hitler “massacred” millions of Jewish people. “Hitler massacred three million Jews. Now, there are 3 million drug addicts. … I’d be happy to slaughter them,” he told reporters last September. While Hitler (who actually killed closer to six million Jews) spoke of a “final solution,” Duterte says his campaign of mass killings is the only way to “finish the problem.”
He has said he would kill his own children if they ever took drugs.
One victim of Duterte’s crackdown was a 5-year-old girl, who was shot in the head last summer when armed men came to her house in search of her grandfather.
Eleven days before Trump phoned him, Duterte told a group of Filipino workers in the Middle East that if they lose their jobs because of the falling price of oil they can always come home to work for him. “If you lose your job, I’ll give you one: Kill all the drug addicts,” he said, according to the Philippine Star. “Help me kill addicts … Let’s kill addicts every day.”
The New York Times won a Pulitzer Prize this year for a series of powerful photographs “showing the callous disregard for human life in the Philippines brought about” by Duterte’s policies.
A witness has testified that before Duterte became president, when he was a mayor of Davao City, he paid a squad of hit men to carry out summary executions that involved feeding a body to a crocodile, chopping up corpses and dumping slashed bodies into the sea.
Duterte has boasted to a group of Manila businessmen, on camera, about killing criminals in cold blood when he was mayor: “In Davao I used to do it personally, just to show the (cops) that if I can do it, why can’t you?”
He joked last year that the victim of a gang rape was “so beautiful” that he wishes he had “been first.”
Yesterday he declared martial law on the southern island of Mindanao, as his security forces battled heavily armed militants linked to the Islamic State.
— Trump caught his own aides off guard during his phone call to Duterte by extending an open invitation for him to come visit the White House at any time, with no preconditions. “I will love to have you in the Oval Office,” Trump said, per the transcript. “Seriously, if you want to come over, just let us know.”
— A senior administration official, who confirmed that the quotes in the transcript produced by the Philippines government are accurate, said that the president was not condoning Duterte’s “individual tactics.” Rather, the official said, this was Trump’s “way of expressing solidarity over a common scourge.” But that’s not at all clear from the transcript, and it’s certainly not the impression any reasonable person on the other end of the line would have been left with.
— Trying to advance our national interest, previous presidents of both parties have certainly looked the other way instead of confronting human rights abuses. But they felt they had no choice, especially during the Cold War, and none seemed to relish this dark side of realpolitik.
— As part of his so-called “America First” agenda, Trump seems not just content but determined to have America abdicate its moral leadership in the world. It’s hard to claim American Exceptionalism when Trump praises Duterte this way. It’s hard to say we’re a shining city upon a hill when the American president consistently treats despotic strongmen with greater respect than democratically-elected allies.
— The president’s sometimes over-the-top praise for totalitarian leaders has been covered extensively, from Russia’s Vladimir Putin to Chinese President Xi Jinping, Egyptian President Abdel Fatah al-Sissi, Turkish President Recep Tayyip Erdogan and Thailand Prime Minister Prayuth Chan-ocha.
— Coincidentally, Duterte was meeting with Putin at the Kremlin yesterday around the time that the Post’s story about the transcript broke. He’s referred to the Russian president as his “favorite hero.” This is from the write-up by RT, the government-financed propaganda network: “Duterte, who called Russia a ‘reliable partner,’ also emphasized that Manila is ready to develop relations with Moscow and is looking forward to purchase Russian arms.” Putin also lavished him with praise.
— Words matter: Autocrats have heard Trump loud and clear, and they’re emboldened. Abby Phillip and David Nakamura note that almost no attention was paid to the concerns that have made Saudi Arabia rank among the most repressive nations on Earth during the president’s visit this weekend. “Political protests in Saudi Arabia can be punishable by a death sentence and freedom of expression is severely limited. But Monday, Commerce Secretary Wilbur Ross highlighted the absence of dissenters as a sign of the ‘genuinely good mood’ during Trump’s visit. … And Sunday, a lone event on Trump’s schedule aimed at bolstering civil society in Saudi Arabia was scrapped.”
“We are not here to lecture,” Trump said during his Sunday speech in Riyadh, speaking to about 50 political leaders of Muslim nations, many of which are led by strongmen. “We are not here to tell other people how to live, what to do, who to be or how to worship. Instead, we are here to offer partnership, based on shared interests and values.”
— The foreign policy establishment was collectively horrified by the transcript of the Trump-Duterte call.
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Read the complete story at the link.
Let’s see, dissing US civil servants, promoting xenophobia and racism, shafting the poor and vulnerable, abandoning the sick and chronically ill, enriching his family and cronies, and emboldening anti-democratic autocrats throughout the world. Trump is the antithesis of almost all of the values many of us thought America stood for. Yet, he was elected to lead us. Go figure!
