🏴‍☠️🦹🏿‍♂️☠️ “COUP @ JUSTICE” BARELY AVERTED — TRAITOR TRUMP, CORRUPT DOJ LAWYER🤮 WHO SUPPORTED BOGUS VOTER FRAUD CLAIMS, REPORTEDLY CONSIDERED STAGING COUP @ DOJ IN SUPPORT OF INSURRECTION AGAINST AMERICAN DEMOCRACY! 

Trump Regime Emoji
Trump Regime
Storming The Capitol by Randall Enos, Easton, CT
Storming The Capitol by Randall Enos, Easton, CT
Republished under license

https://www.washingtonpost.com/national-security/trump-justice-department-overturn-election/2021/01/22/b7f0b9fa-5d1c-11eb-a976-bad6431e03e2_story.html

By Matt Zapotosky, Devlin Barrett and Carol D. Leonnig

January 22 at 10:38 PM ET

Then-President Donald Trump in early January entertained a plan to replace the acting attorney general with a different Justice Department lawyer who was more amenable to pursuing his unfounded claims of voter fraud, nearly touching off a crisis at the country’s premier federal law enforcement institution, people familiar with the matter said.

The plan — if enacted — would have pushed out Jeffrey Rosen as the acting attorney general and installed in his place Jeffrey Clark, whom Trump had appointed to lead the Justice Department’s Environment and Natural Resources Division and who later would come to lead the Civil Division. Clark, then, could have taken steps to wield the Justice Department’s power to help keep Trump in office. But the president was ultimately dissuaded from moving forward after a high-stakes meeting with those involved, the people said.

The people spoke on the condition of anonymity to discuss a politically sensitive matter. The move was first reported by the New York Times. Legal analysts said it amounted to a disastrous attack on the Justice Department’s independence, and perhaps something worse.

“Before the insurrectionist assault on the US Capitol, there was an attempted coup at the Justice Dept. — fomented by the President of the United States,” former Justice Department official David Laufman wrote on Twitter.

A Justice Department spokesman declined to comment, as did Rosen.

. . . .

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So, here’s the deal! 

“Billy the Bigot” was pushed out because his thorough corruption and well-established toadiness did not extend as far as plotting treason against the nation. He was replaced by misogynist Jeffrey Rosen who used his brief time in office to dump on a courageous abused refugee woman from El Salvador who had already been screwed by racist, White Nationalist, misogynist and notorious child abuser Jeff “Gonzo Apocalypto” Sessions.

But, wait, there was an even more slimy and treasonous scumbag hiding in the halls of “Justice.” A dude named Jeff Clark, who apparently believed in the Q-Anon/Ted Cruz/Josh Hawley/Kevin McCarthy election conspiracy theories and wanted to make a name for himself by sucking up to the Big Orange Traitor, disenfranchising voters of color, and, oh yeah, incidentally, overthrowing the US Government.

Meanwhile, a few folks in the White House were desperately trying to talk the unhinged traitor out of his harebrained scheme for committing treason in public view. But, nobody thought this plot against our Constitution and our Government was important enough to blow the whistle, inform then Vice President Pence or the U.S. Congress, or join the call for invocation of the 25th Amendment!

Oh, and it gets worse! Insurrectionist Traitor and House Leader of the Party of Treason, Kevin McCarthy wants to assure you that YOU, that’s right YOU, caused the insurrection, not just Trump, his supporters, and those GOP crazies who actually planned, encouraged, and carried it out. And, of course, not Kevin the Traitor himself. “Accountability” and “honesty” just aren’t terms within the lexicon of modern day Republicanism! https://www.huffpost.com/entry/kevin-mccarthy-everybody-capitol-attack_n_600b9785c5b6f401aea48948

I’m as pleased with President Biden’s tone, generosity, and calls for national unity as anyone. But, unfortunately, “Cousin Steve” Schmidt had it right: There can be “No unity with traitors.” https://immigrationcourtside.com/2021/01/18/cousin-steve-schmidt-speaks-out-on-nicole-wallace-show-no-unity-with-seditionists-traitors-like-cruz-hawley-mccarthy-must-be-defeated-bani/

It’s not like some morning guys like McCarthy, Cruz, Hawley, Graham, et al are going to wake up and find they actually believe in American democracy, equal justice, and our Constitution. 

The majority of us are going to have to learn to live with, beware of, and develop strategies to consistently overcome the “Party of Insurrection and Treason” and their followers. Otherwise, there will be no America for future generations!

Ever think it’s strange that the cowardly “Party of Jim Crow” that happily abridges the voting rights, civil rights, and due process rights of people of color and the most vulnerable among us falls all over itself with concerns about “full due process” for the Big Orange Traitor — who of course gets mondo due process — in the incoming impeachment trial?

Yeah, holding a former President accountable for inciting a treasonous, violent insurrection would be “divisive.” I guess lies, insurrection, and treason are the only real “unity” that the GOP will recognize! So far, President Biden’s calls for national unity have been met with more lies, threats of obstruction, and condescending BS from the GOP. We can’t “unify” with those who seek our nation’s destruction and steadfastly refuse to apologize, acknowledge truth, and comport themselves with simple human decency.

🇺🇸⚖️🗽Due Process Forever!

PWS

01-23-21

DESTROYING DEMOCRACY: BILLY THE BIGOT GOES TO WAR WITH DOJ — Rips Career Prosecutors — Advocates Politicization Of Justice In America!🏴‍☠️

Billy Barr Consigliere Artist: Par Begley Salt Lake Tribune Reproduced under license, Large
Bill Barr Consigliere
Artist: Pat Bagley
Salt Lake Tribune
Reproduced under license

https://apple.news/ABgTGgYnLQRq-WHQT_ZVQ8g

BY DEVLIN BARRETT AND MATT ZAPOTOSKY report for WashPost:

Attorney General William P. Barr delivered a scathing critique of his own Justice Department Wednesday night, insisting on his absolute authority to overrule career staff, whom he said too often injected themselves into politics and went “headhunting” for high profile targets.

Speaking at an event hosted by Hillsdale College, a school with deep ties to conservative politics, Barr directly addressed the criticism that has been building for months inside the department toward his heavy hand in politically sensitive cases, particularly those involving associates of President Trump.

“What exactly am I interfering with?” he asked. “Under the law, all prosecutorial power is invested in the attorney general.”

Barr’s comments were remarkable, in that the head of the Justice Department catalogued all of the ways in which he thought his agency had gone astray over the years, and in its current formulation harms the body politic. Barr has drawn considerable criticism for intervening in criminal cases in ways that help benefit the president’s friends.

Barr said it was he, not career officials, who have the ultimate authority to decide how cases should be handled, and derided less-experienced, less-senior bureaucrats who current and former prosecutors have long insisted should be left to handle their cases free from interference from political appointees.

Barr said that argument, in essence, means “the will of the most junior member of the organization” would make decisions, but he insisted he would not “blindly” defer to “whatever those subordinates want to do.”

“Letting the most junior members set the agenda might be a good philosophy for a Montessori preschool, but it is no way to run a federal agency,” Barr said.

The attorney general, the nation’s top law enforcement official, spent much of the speech eviscerating the idea of the Justice Department as a place where nonpolitical career prosecutors should be left to decide how sensitive cases are resolved.

. . . .

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Read the rest of the article at the link.

I’m sure this does wonders for morale at the DOJ! But, demoralizing all the career lawyers and pushing them out the door appears to be part of the program. After all, the regime initially tried to “buy out” the holdover members of the BIA. Morale at the Immigration “Courts” is already at an all-time low!

Career civil servants at the DOJ and elsewhere actually work for the people of the U.S., not personally for Billy, other political appointees, or the President. Government employees take an oath to uphold the Constitution, not of loyalty to the President, the AG, or any other political official. 

Billy clearly has been running the Immigration “Courts” as a politically weaponized part of the regime’s White Nationalist, authoritarian, race-driven immigration enforcement agenda. Funny how long it has taken the overall legal community to see that Barr basically considers the entire legal system, including the Article III Courts, as just as subservient as the Immigration “Courts.” And, to date, the Supremes have done little to discourage that view.

As former Deputy AG Don Ayer pointed out in his recent Amicus podcast, featured here on Courtside, Billy is not serving the people of the U.S., for whom he has nothing but contempt unless they happen to share his bigoted right wing views. https://immigrationcourtside.com/2020/09/13/america-on-red-alert%f0%9f%86%98%f0%9f%8f%b4%e2%80%8d%e2%98%a0%ef%b8%8f%f0%9f%a4%ae%e2%98%a0%ef%b8%8f-theocrat-autocrat-liar-race-baiter-anti-democracy-activist-billy-the-bigot-barr-conspires-wit/

He is carrying out a personal agenda of replacing representative democracy with an authoritarian state where everybody and everything is subservient to an all-powerful totally unconstitutional “Unitary Executive” (actually a bogus right-wing “invented concept” with no actual legitimate basis in American political history, as cogently “debunked” by Ayer in his podcast). That certainly makes him one of the two most dangerous men in America!

Billy did say one thing I agree with. Politicos, particularly hacks like Billy and Trump, can be held accountable at the ballot box. Indeed, given the feckless performance of the GOP Senate and the overall failure of the Federal Courts to stand up to tyranny, that appears to be the very last hope for our democracy.

Had enough of the Liar in Chief, Billy the Bigot, Moscow Mitch, & Co? Vote the GOP out of every public office at every level this Fall, while there is still a chance to save our democracy!

This Fall, vote like your life and the continued existence of American democracy depend on it! Because they do!

PWS

09-17-20

HOW TOXIC IS THE ATMOSPHERE AT THE DEPARTMENT OF “JUSTICE” UNDER SCOFFLAW SESSIONS? – Highly Honored Long-Time Career Attorney, In Line for Promotion, Quits After Sessions Tosses Constitution Under the Bus With Politically Motivated Change Of Sides in ACA Litigation!

https://www.washingtonpost.com/world/national-security/senior-justice-dept-lawyer-resigns-after-shift-on-obamacare/2018/06/12/b3001d7c-6e55-11e8-afd5-778aca903bbe_story.html?utm_term=.702fb5e91011

Devlin Barrett & Matt Zapotosky report for the Washington Post:

A senior career Justice Department official has resigned in the wake of the Trump administration’s move to stop defending a key provision of the Affordable Care Act, a departure that highlights internal frustration generated by the decision, according to people familiar with the matter.

Joel McElvain, who has worked at the Justice Department for more than 20 years, submitted his resignation letter Friday, the morning after Attorney General Jeff Sessions notified Congress that the agency will not defend the ACA — the 2010 law known as Obamacare — against lawsuits brought by Republican-led states challenging its requirement that most Americans carry health insurance.

As a presidential candidate, Donald Trump campaigned on the promise of repealing Obamacare, but that effort faltered in Congress. Last year, lawmakers amended the law, nullifying the provision requiring people to carry insurance. That takes effect in 2019.

The Justice Department’s decision last week reversed years of legal work McElvain and the Justice Department had performed on the issue.

McElvain and his team were honored in 2013 with the Attorney General’s Award for exceptional service defending the legislation in court. A Justice Department spokeswoman confirmed his resignation takes effect in early July. McElvain declined to comment.

Those who know McElvain described him as an expert lawyer and a well-liked boss.

“This is the first I’m hearing it, and it’s a gut punch,” said one person who worked with McElvain for years and spoke on the condition of anonymity to discuss a sensitive personnel issue. “That will be a very big blow to the morale of the [agency’s] civil division, a really sad day for the Department of Justice and a loss for the country.”

Several colleagues said McElvain was in line to become director of the Justice Department’s federal programs branch, which handles complex government policy questions pending before the courts. It is not known for its politics but for the tenacity with which its lawyers defend the law — any law — passed by Congress.

“Joel is just phenomenal. He’s just such a terrific lawyer and a great person,” said a former Justice Department official who knows McElvain. “ . . . It’s a lot of institutional knowledge and a great deal of experience walking out the door.”

It was previously reported that shortly after the Justice Department reversed itself, McElvain and two other Justice Department lawyers who had been defending the ACA withdrew from a case pending in a Texas court.

. . . .

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Read the rest of the article at the link.

I suspect that some stressed out U.S. Immigration Judges left this week’s so-called “training” conference (more like a “brainwashing session”) thinking about whether this also would be their future.

Sessions delivered a shockingly lawless and xenophobic lecture in which he abandoned the Due Process role of the Immigration Courts, trashed judicial independence, treated them like junior immigration enforcement officers, encouraged “worst judicial practices,” told them it’s “all about the numbers,” minimized the compelling human plight of asylum seekers, lied about EOIR statistics, and ordered them to follow his rewrite of established asylum law that essentially could make U.S. Immigration Judges members of a “shooting squad” sent out to execute women and children refugees from the Northern Triangle without Due Process.

Some must have also found being a “delegee” of the “Chief Official Child Abuser of the U.S.” at least somewhat troubling. Not a great way to round out a career with the pathetic remains of the once-proud DOJ (now widely regarded as a bastion of White Nationalism, legal incompetence, and overt political bias).

PWS

06-13-18

 

GONZO’S WORLD: “APOCALYPTO” REVS UP “NEW CIVIL WAR ON AMERICA” WITH RENEWED ATTACK ON LOCAL LAW ENFORCEMENT — 10th Amendment, Consistent Court Losses, & Common Sense Fail To Deter Scofflaw A.G. — “[T]here is irony in Sessions threatening to withhold law enforcement grants in the name of fighting crime.”

https://www.washingtonpost.com/world/national-security/justice-department-threatens-to-subpoena-records-in-escalating-battle-with-sanctuary-jurisdictions/2018/01/24/984d0fee-0113-11e8-bb03-722769454f82_story.html

Matt Zapotosky reports for the Washington Post:

“The Justice Department on Wednesday escalated its attempt to crack down on so-called “sanctuary” jurisdictions, threatening to subpoena 23 states, cities and other localities that have policies the department suspects might be unlawfully interfering with immigration enforcement.

President Trump and Attorney General Jeff Sessions have long promised to target places with policies friendly to those in the country illegally — warning they might withhold federal money from some and trying to tie grant eligibility to cooperation with federal authorities on immigration matters. The Justice Department had previously contacted the 23 jurisdictions threatened Wednesday, raising worries they might be in violation of a federal law barring places from enacting policies that block communication with Immigration and Customs Enforcement.

In a new letter, Bureau of Justice Assistance Director Jon Adler said officials remained “concerned” that the places had policies that violate the law, even after their previous responses. He asked for a new bevy of documents — including “any orders, directives, instructions, or guidance to your law enforcement employees” — and said the department would subpoena the materials if necessary.

. . . .

Among those jurisdictions in the crosshairs are Chicago, New York City, Los Angeles and the states of California, Illinois and Oregon. In total, the 23 jurisdictions received more than $39 million in fiscal year 2016 money from the Edward Byrne Memorial Justice Assistance Grant Program — which Sessions is now threatening to put at risk.

ADVERTISEMENT

Local leaders criticized the move. New Orleans Mayor Mitch Landrieu (D), president of the U.S. Conference of Mayors, said he would skip a planned White House meeting on infrastructure because of it. “An attack on one of our cities mayors who are following the constitution is an attack on all of us,” he said. His city was not among those targeted Wednesday.

New York City Mayor Bill de Blasio similarly wrote on Twitter he would skip the gathering after Trump’s Justice Department “decided to renew their racist assault on our immigrant communities. It doesn’t make us safer and it violates America’s core values.”

Chicago Mayor Rahm Emanuel (D) said officers in his city endeavor to build trust with residents to reduce public safety threats, and “you cannot do that if you drive a wedge between any immigrant community and the law enforcement.” He said Sessions’s threats were “amazing” in that the attorney general seemed to “disregard what the court system has already said uniformly from coast to coast.”

White House Press Secretary Sarah Huckabee Sanders said: “The White House has been very clear that we don’t support sanctuary cities. We support enforcing the law and following the law, and that is the Department of Justice’s job is to do exactly that, and if mayors have a problem with that, they should talk to Congress.”

Much of this crackdown has been stymied by the courts. A federal judge in California last year blocked Trump’s executive order to cut funding to such places, and a federal judge in Chicago ruled that Sessions had exceeded his authority in imposing new conditions, such as requiring recipients to give immigration authorities access to jails and 48 hours notice when suspected illegal immigrants are to be released. A federal judge in Philadelphia also ruled that city was in compliance with the law and blocked the Justice Department from withholding money. The Justice Department has appealed all those cases.

. . . .

Sessions has long sought to tie crime to immigration — recently releasing data, which experts said was misleading, that said 73 percent of terrorism convictions in the U.S. involved individuals from other countries. Determining a link between illegal immigration and other crime is statistically difficult to do, though some research shows that immigrants are less likely to commit crimes than those who are native born. Civil liberties and immigration advocates, too, note there is irony in Sessions threatening to withhold law enforcement grants in the name of fighting crime.”

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Read the complete article at the link.

On paper, Gonzo isn’t actually in charge of the DHS. That job is nominally in the hands of Lightweight Sycophant Kirstjen Nielsen.

Remarkably, what Sessions is actually supposed to be doing is administering a fair and unbiased U.S. Immigration Court System in a manner that guarantees the legal and Constitutional Due Process rights of each individual brought before those courts by the DHS. Yeah, right! Sessions never met a migrant he didn’t despise and want railroaded out of the country as part of his White Nationalist agenda. And, he’s clearly “in bed” with DHS Enforcement. That’s why the U.S. Immigration Courts under Gonzo Apocalypto are well on their way to becoming mere “Whistle Stops on the Deportation Railway.”

There was a time when what is now ICE worked hard to gain community support and be considered part of the “legitimate law enforcement apparatus.” But, those days are long gone.

Trump, Gonzo, and Tom Homan are well on the way to making ICE the most hated, distrusted, and despised police force in America — the “New American Gestapo” if you will. The aforenamed “nasty clowns” will be gone someday. But, I’m not sure that ICE will ever be able to undo the damage they are doing to its reputation and standing in the law enforcement community.

As one or more Federal Judges has noted in enjoining Gonzo’s illegal overstepping, “once lost, community trust is not easily, if ever, regained by the police.”

PWS

01-25-18

THE BIGGEST LOSER: US Judge In MD Also Slams Travel Ban 3.0 (Again)! No Matter What Ultimately Happens, Trump & Our Country Are The Big Losers From His Determination To Be Petty & Discriminatory!

https://www.washingtonpost.com/world/national-security/second-judge-rules-against-latest-travel-ban-saying-trumps-own-words-show-it-was-aimed-at-muslims/2017/10/18/5ecdaa44-b3ed-11e7-9e58-e6288544af98_story.html

Matt Zapotosky reports for the Washington Post:

“A federal judge in Maryland early Wednesday issued a second halt on the latest version of President Trump’s travel ban, asserting that the president’s own comments on the campaign trail and on Twitter convinced him that the directive was akin to an unconstitutional Muslim ban.

U.S. District Judge Theodore D. Chuang issued a somewhat less complete halt on the ban than his counterpart in Hawaii did a day earlier, blocking the administration from enforcing the directive only on those who lacked a “bona fide” relationship with a person or entity in the United States, such as family members or some type of professional or other engagement in the United States.

But in some ways, Chuang’s ruling was more personally cutting to Trump, as he said the president’s own words cast his latest attempt to impose a travel blockade as the “inextricable re-animation of the twice-enjoined Muslim ban.”

Omar Jadwat, who directs of the ACLU’s Immigrants’ Rights Project and represented those suing in Maryland over the ban, said: “Like the two versions before it, President Trump’s latest travel ban is still a Muslim ban at its core. And like the two before it, this one is going down to defeat in the courts.”

The third iteration of Trump’s travel ban had been set to go fully into effect early Wednesday, barring various types of travelers from Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea and Venezuela. Even before Chuang’s ruling, though, a federal judge in Hawaii stopped it — at least temporarily — for all of the countries except North Korea and Venezuela.

That judge, Derrick K. Watson, blocked the administration from enforcing the measure on anyone from the six countries, not just those with a “bona fide” U.S. tie. But his ruling did not address whether Trump’s intent in imposing the directive was to discriminate against Muslims. He said the president had merely exceeded the authority Congress had given him in immigration law.

The Justice Department already had vowed to appeal Watson’s ruling, which the White House said “undercuts the President’s efforts to keep the American people safe and enforce minimum security standards for entry into the United States.” Both Watson’s temporary restraining order and Chuang’s preliminary injunction are also interim measures, meant to maintain the status quo as the parties continue to argue the case.

The administration had cast the new measure as one that was necessary for national security, implemented only after officials conducted an extensive review of the information they needed to vet those coming to the United States. Those countries that were either unwilling or unable to produce such information even after negotiation, officials have said, were included on the banned list.

“These restrictions are vital to ensuring that foreign nations comply with the minimum security standards required for the integrity of our immigration system and the security of our Nation,” the White House said after Watson’s ruling. “We are therefore confident that the Judiciary will ultimately uphold the President’s lawful and necessary action and swiftly restore its vital protections for the safety of the American people.”

Like Watson’s order, Chuang’s 91-page ruling also found Trump had exceeded his authority under immigration law, but only partially.

The order — which has “no specified end date and no requirement of renewal” — violated a nondiscrimination provision in the law in that it blocked immigrants to the United States based on their nationality, Chuang wrote.

But Chuang said he could not determine, as Watson did, that Trump had violated a different part of federal immigration law requiring him to find entry of certain nonimmigrant travelers would be “detrimental” to U.S. interests before blocking them.

Chuang instead based much of his ruling on his assessment that Trump intended to ban Muslims, and thus his order had run afoul of the Establishment Clause of the Constitution. When Trump was a presidential candidate in December 2015, Chuang wrote, he had promised a “complete shutdown of Muslims entering the United States,” and all of his comments since then seemed to indicate his various travel bans were meant to fulfill that promise.

After his second ban was blocked, Chuang wrote, Trump described the measure as a “watered down version” of his initial measure, adding, “we ought go back to the first one and go all the way, which is what I wanted to do in the first place.” The president had then revoked and replaced his first travel ban, which had also been held up in court.

In August, with courts still weighing the second version, Chuang noted that Trump “endorsed what appears to be an apocryphal story involving General John J. Pershing and a purported massacre of Muslims with bullets dipped in a pig’s blood, advising people to ‘study what General Pershing . . . did to terrorists when caught.’ ”

In September, as authorities worked on a new directive, Trump wrote on Twitter “the travel ban into the United States should be far larger, tougher and more specific — but stupidly, that would not be politically correct!”

Chuang had pressed challengers at a hearing this week on what the government would have to do to make the new ban legal, and he noted in his ruling that the new directive had changed from the previous iterations. The government, for example, had undertaken a review process before inking the new measure, and had added two non-Muslim majority countries to the banned list.

But Chuang wrote that he was unmoved that government had simply relied on the results of their review, and instead believed they made “certain subjective determinations that resulted in a disproportionate impact on majority-Muslim nations.” He wrote that the government offered “no evidence, even in the form of classified information submitted to the Court, showing an intelligence-based terrorism threat justifying a ban on entire nationalities,” and asserted that even the new measure “generally resembles President Trump’s earlier description of the Muslim ban.”

“The ‘initial’ announcement of the Muslim ban, offered repeatedly and explicitly through President Trump’s own statements, forcefully and persuasively expressed his purpose in unequivocal terms,” Chuang wrote.

The suits in federal court in Maryland had been brought by 23 advocacy groups and seven people who said they would be negatively impacted by the new ban.”

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Yes, the Trump Administration might ultimately prevail on appeal on this one. But, that won’t change the fact that they are “losers.” And, a country that chooses biased, incompetent, and petty leadership like this is also a “Big Loser.”

PWS

10-18-17

SUPREMES SIDE WITH TRUMP — LEAVE REFUGEE BAN IN PLACE (FOR NOW)!

https://www.washingtonpost.com/politics/courts_law/supreme-court-agrees-with-trump-administration-says-some-refugees-can-be-barred-for-now/2017/09/12/f38d5884-97ee-11e7-82e4-f1076f6d6152_story.html?hpid=hp_rhp-top-table-main_travelban704pm%3Ahomepage%2Fstory&utm_term=.69d624f195a7 Continue reading SUPREMES SIDE WITH TRUMP — LEAVE REFUGEE BAN IN PLACE (FOR NOW)!

CONTINUING SAGA OF TRAVEL BAN 2.0: Justice Kennedy Issues Temporary Stay!

https://www.washingtonpost.com/world/national-security/justice-dept-again-asks-supreme-court-to-allow-broad-enforcement-of-travel-ban/2017/09/11/6c3853ae-970b-11e7-87fc-c3f7ee4035c9_story.html?hpid=hp_rhp-more-top-stories_travelban-255pm%3Ahomepage%2Fstory&utm_term=.23095c0b5b6e

Matt Zapotosky reports in the Washington Post:

“U.S. officials can at least temporarily continue to block refugees with formal assurances from resettlement agencies from entering the United States after the Supreme Court intervened again Monday to save a piece of President Trump’s travel ban.

Responding to an emergency request from the Justice Department, Justice Anthony M. Kennedy stopped an earlier federal appeals court ruling that had allowed refugees with a formal assurance to enter the country.

Kennedy, who handles cases on an emergency basis from the U.S. Court of Appeals for the 9th Circuit, ordered those suing over the ban to respond by noon Tuesday, and he indicated that the appeals court ruling in their favor would be stayed “pending receipt” of their response.

The Supreme Court’s decision came not long after the Justice Department asked the justices to act. That filing, by Acting Solicitor General Jeffrey B. Wall, demonstrated the lengths to which the government is willing to go to impose its desired version of the ban, even before the high court takes up in earnest next month whether the measure is lawful at its core. At issue is whether the president can block a group of about 24,000 refugees with assurances from entering the United States after the Supreme Court decided in June to permit a limited version of his travel ban to take effect.”

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Read the full at the link.

The beat goes on!

PWS

09-11-17

BATTLE BREWING AT JUSTICE? — DEA PUSHES BACK AGAINST SESSIONS’S FALSE NARRATIVES ON MARIJUANA, MS-13!

https://www.washingtonpost.com/world/national-security/justice-department-at-odds-with-dea-on-marijuana-research-ms-13/2017/08/15/ffa12cd4-7eb9-11e7-a669-b400c5c7e1cc_story.html?utm_term=.77af31733d0e

Matt Zapotosky and Devlin Barrett

report in the Washington Post:

“The Justice Department under Attorney General Jeff Sessions has effectively blocked the Drug Enforcement Administration from taking action on more than two dozen requests to grow marijuana to use in research, one of a number of areas in which the anti-drug agency is at odds with the Trump administration, U.S. officials familiar with the matter said.

A year ago, the DEA began accepting applications to grow more marijuana for research, and as of this month it had 25 proposals to consider. But DEA officials said they need the Justice Department’s approval to move forward. So far, the department has not been willing to provide it.

“They’re sitting on it,” said one law enforcement official familiar with the matter. “They just will not act on these things.”

As a result, said one senior DEA official, “the Justice Department has effectively shut down this program to increase research registrations.’’

DEA spokesman Rusty Payne said the agency “has always been in favor of enhanced research for controlled substances such as marijuana.’’

. . . .

The standoff is the latest example of the nation’s premier narcotics enforcement agency finding itself in disagreement with the new administration. While President Trump and Sessions have vowed a crackdown on drugs and violent crime, DEA officials have publicly and privately questioned some of the administration’s statements and goals.

Late last month, acting DEA administrator Chuck Rosenberg wrote in an email to staff members that Trump had “condoned police misconduct” in remarking to officers on Long Island that they need not protect suspects’ heads when putting them into police vehicles. The acting administrator said he was writing his employees “because we have an obligation to speak out when something is wrong.” After public criticism, White House officials said the president was joking.

DEA officials say Sessions and his Justice Department have pressed the agency for action specifically on MS-13 despite warnings from Rosenberg and others at the DEA that the gang, which draws Central American teenagers for most of its recruits, is not one of the biggest players when it comes to distributing and selling narcotics.

Mexican cartels, DEA officials have warned, will use any gang to sell their drugs, and DEA leaders have directed those in their field offices to focus on the biggest threat in their particular geographic area. In many parts of the country, MS-13 simply does not pose a major criminal or drug-dealing threat compared with other groups, these officials said.

The officials spoke on the condition of anonymity because they could face professional consequences for candidly describing the internal disputes.

“Mexican cartels, Mexican transnational organizations are the greatest criminal threat to the United States,” Payne, the DEA spokesman, said. “There’s no other group currently positioned to challenge them. Whenever drug investigations that we do involve MS-13, we respond, but right now the No. 1 drug threat in the U.S. is the Mexican cartels.’’

. . . .”

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Read the complete article at the link.

Just another example of how Sessions’s personal and political agenda has little to do with effective law enforcement. Wonder how long these folks in DEA will be around before Sessions orders a “purge” and installs his minions?

PWS

08-16-17

 

 

GUILTY! — JoeToGo (To Jail?) — Arpaio On Wrong Side Of Law!

https://www.washingtonpost.com/world/national-security/ex-sheriff-joe-arpaio-convicted-of-criminal-contempt/2017/07/31/26d9572e-7620-11e7-8f39-eeb7d3a2d304_story.html

Matt Zapotosky reports in the Washington Post:

“Joe Arpaio, a former Arizona sheriff whose extreme stance on illegal immigration made him a household name, was convicted Monday of criminal contempt of court for ignoring a judge’s order to stop detaining people because he merely suspected them of being undocumented immigrants.

U.S. District Judge Susan R. Bolton wrote that Arpaio had shown a “flagrant disregard” for the court’s command and that his attempt to pin the conduct on those who worked for him rang hollow.

“Not only did Defendant abdicate responsibility, he announced to the world and to his subordinates that he was going to continue business as usual no matter who said otherwise,” Bolton wrote.

A Justice Department spokeswoman said Arpaio faces up to six months in prison at his sentencing, which is scheduled for October 5. Arpaio’s attorney said he would appeal in order to get a trial by jury. He had been convicted after a trial in front of Bolton.”

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Read the complete article at the link.

Eventually, justice catches up with folks like Arpaio.

PWS

08-01-17

NO CHAOS: Matt Zapotosky Summarizes Supreme’s Travel Ban Decision — Former DOJ Immigration Litigator Leon Fresco Says Case Likely To Resolve Itself Before Argument In Fall!

https://www.washingtonpost.com/world/national-security/what-the-supreme-courts-travel-ban-ruling-means/2017/06/26/5e86e1cc-5a7e-11e7-9fc6-c7ef4bc58d13_story.html?utm_term=.13c35f5c2033

Zapotosky writes in the WashPost:

“The Supreme Court’s decision to allow portions of President Trump’s travel ban to take effect is a win for the administration, but the impact will be far less severe than President Trump’s initial version of the measure.

That is because the high court effectively allowed Trump to ban from coming to the United States only citizens of six majority-Muslim countries “who lack any bona fide relationship with a person or entity in the United States.” It also nudged the president to complete his promised review of vetting procedures, which might mean the issue is resolved by the time the court is set to fully consider the ban in its October term.

For now, if you are not a U.S. citizen and have a relative here, have been hired by a U.S. employer or admitted to an American university, you can still probably get a visa. But if you’re applying cold as a visitor or through the diversity visa program, you probably can’t.

. . . .

The Supreme Court wrote that the government now should be able to do its work. “We fully expect that the relief we grant today will permit the Executive to conclude its internal work and provide adequate notice to foreign governments within the 90-day life of [the order],” the justices wrote.

The court said it would take up the travel ban fully in its October term; their ruling Monday only partially lifted lower courts’ stays on the measure. By that time, the 90-day period will have run, and Fresco said the administration will be pressed to come up with good reasons for imposing a ban.

“If there is not an answer to the question on the first day of oral arguments about why this ban is still in place, that is going to make the court much more skeptical about the government’s reasons for having this ban,” Fresco said.”

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Read the complete analysis at the link.

According to this analysis, the six Justices in the majority apparently have skillfully maneuvered the Trump Administration into a “put up or shut up” situation. They have alleviated the greatest hardships caused by the ban by allowing individuals with bona fide connections to the U.S. to continue to come. At the same time, they have pressured the Trump Administration into completing its “study” before Fall and lifting the “temporary ban,” thus largely mooting the case. As Fresco points out, if the Administration attempts to continue the ban after its scheduled expiration, they will likely have to come up with a much more convincing explanation that they have provided to date. Otherwise, the whole thing is going to look like a “pretext” for a blanket “Muslim ban,” which is what the plaintiffs have been arguing all along. Actually, sounds to me like the kind of practical solution that Chief Justice Roberts sometimes devises to avoid ugly showdowns between the three branches of Government. Interesting.

PWS

06-26-17

 

BREAKING: WashPost Reports That Russia Probe Now Involves Trump Top Aide! — Is The “House Of Cards” Beginning To Wobble?

https://www.washingtonpost.com/world/national-security/russia-probe-reaches-current-white-house-official-people-familiar-with-the-case-say/2017/05/19/7685adba-3c99-11e7-9e48-c4f199710b69_story.html?hpid=hp_hp-top-table-main_fbiprobedeck-315pm%3Ahomepage%2Fstory&utm_term=.2f64c5fc8b83

Devlin Barrett and Matt Zapotosky Report:

“The law enforcement investigation into possible coordination between Russia and the Trump campaign has identified a current White House official as a significant person of interest, showing that the probe is reaching into the highest levels of government, according to people familiar with the matter.

The senior White House adviser under scrutiny by investigators is someone close to the president, according to these people, who would not further identify the official.

The revelation comes as the investigation appears to be entering a more overtly active phase, with investigators shifting from work that has remained largely hidden from the public to conducting interviews and using a grand jury to issue subpoenas. The intensity of the probe is expected to accelerate in the coming weeks, the people said.

The sources emphasized that investigators remain keenly interested in people who previously wielded influence in the Trump campaign and administration but are no longer part of it, including former national security adviser Michael Flynn and former campaign chairman Paul Manafort.

Flynn resigned in February after disclosures that he had lied to administration officials about his contacts with Russian Ambassador Sergey Kislyak. Current administration officials who have acknowledged contacts with Russian officials include President Trump’s son-in-law, Jared Kushner, as well as Attorney General Jeff Sessions and Secretary of State Rex Tikkerson.”

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Read the complete story at the link.

I think “we’ve got trouble, right here in River City!” Stay runed!

PWS

05-19-17

 

BETSY WOODRUFF @ THE DAILY BEAST: Going Gonzo At The USDOJ!

http://www.thedailybeast.com/articles/2017/04/12/prosecutor-jeff-sessions-new-immigration-plan-is-f-cking-horrifying

Betsy writes:

NOGALES, Arizona—The crowd was small, and Attorney General Jeff Sessions’s speech was short. But his message couldn’t have been clearer:
“This is a new era,” said Sessions, who sported a dark suit in the hot Arizona sun. “This is the Trump era.”
And with that Sessions officially weaponized the Justice Department to crack down on undocumented immigration. After taking a private border tour with Customs and Border Protections agents in Nogales, on the southern edge of Arizona, the attorney general announced the feds will soon be spending a lot more time prosecuting people who break immigration laws.

Sessions made the announcement over a glitchy sound system to a group of reporters and Customs and Border Protection agents just a few feet away from the Mexico border. A gust of wind knocked over the American flag behind him as he spoke, so a CBP agent stood behind it and propped it up until the attorney general finished his speech.
All federal prosecutors, Sessions said in his slow Alabama drawl, must now consider bringing cases against people suspected of the “transportation or harboring of aliens.” Those prosecutors must also look to bring more felony prosecutions against some immigrants who illegally enter the country more than once and should charge immigrants with document fraud—which includes using a made-up Social Security number—and aggravated identity theft when they can.
One veteran federal prosecutor told The Daily Beast these changes are a generating significant concern.
“It’s fucking horrifying,” the prosecutor said. “It’s totally horrifying and we’re all terrified about it, and we don’t know what to do.
“The things they want us to do are so horrifying—they want to do harboring cases of three or more people,” the prosecutor continued. “So if you’re illegal and you bring your family over, then you’re harboring your kid and your wife, and you can go to jail.”
Sessions broke the news on his first trip to the border as attorney general. The last time he visited was a few days before the 2016 presidential election, when he appeared with former Arizona Gov. Jan Brewer to talk up Trump’s tough-on-immigration credentials. During his time in the Senate, Sessions was a relentless advocate for much tougher enforcement of immigration laws. Now that he’s the nation’s top law enforcement official, he’s making good on those commitments—which this trip is highlighting.
Immigration-related crimes are already a massive portion of federal prosecutors’ caseloads; Syracuse University’s Transactional Records Clearinghouse found that immigration violations—including illegal entry and illegal re-entry—made up 52 percent of federal prosecutions from September 2015 to September 2016. In the Trump era, though, immigration offenses will be an even larger part of prosecutors’ work. It’s a move that delights immigration hawks.
“All of these steps from detention to more judges to prosecuting those who have previously been deported will drive down the number of illegals in the country and lead to even bigger drops in those trying to sneak across the border,” said Hans von Spakovsky of the conservative Heritage Foundation. “All of this is long overdue.”
The Federation for American Immigration Reform, a restrictionist group whose leaders have worked closely with Sessions on immigration issues and that has significant clout among Trump’s nationalist-populist allies and aides, takes a broad view of what kind of activity could constitute “harboring.” In a position paper on its site, FAIR says anyone who knowingly helps an undocumented immigrant get a job could be prosecuted.
Some view the change as a waste.

“Every dollar spent on prosecuting an illegal immigrant for illegal reentry is a dollar that could have been spent on prosecuting or investigating a real crime,” said Alex Nowrasteh, an immigration expert at the libertarian-leaning Cato Institute. “It’s a shame the government is prioritizing the enforcement of, essentially, labor market regulations over violent and property crimes.”
Others welcome it. John Huber, the U.S. attorney for Utah, told The Daily Beast his office has already been doing much of what Sessions called for—especially prosecutions related to people entering the U.S. illegally after previously being deported—but that he expects to bring more harboring prosecutions to comply with the guidance. That would include people who drive vans full of undocumented immigrants across the border and into Utah looking for work, he said.
“That’s the type of case we may see here, where you have someone transporting a vehicle full of unlawful immigrants,” he said. “We will go after the people who are transporting them, organizing, and coordinating that trip, bringing aliens into our country.”
Sessions made clear that the new crackdown won’t exempt parents of U.S. citizens.”

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Read Betsy’s Full article at the above link.

And, the zaniness doesn’t end with immigration prosecutions. Just today, the Washington Post reported on Sessions’s plans to pile on criminal charges and fill up the prisons:

“Attorney General Jeff Sessions overturned the sweeping criminal charging policy of former attorney general Eric H. Holder Jr. and directed his federal prosecutors Thursday to charge defendants with the most serious, provable crimes carrying the most severe penalties.

In a speech Friday, Sessions said the move was meant to ensure that prosecutors would be “un-handcuffed and not micromanaged from Washington” as they worked to bring the most significant cases possible.

“We are returning to the enforcement of the laws as passed by Congress, plain and simple,” Sessions said. “If you are a drug trafficker, we will not look the other way, we will not be willfully blind to your misconduct.”

The Holder memo, issued in August 2013, instructed his prosecutors to avoid charging certain defendants with drug offenses that would trigger long mandatory minimum sentences. Defendants who met a set of criteria such as not belonging to a large-scale drug trafficking organization, gang or cartel, qualified for lesser charges — and in turn less prison time — under Holder’s policy.

Civil liberties advocates at the time praised the move as appropriately merciful — potentially preventing people from facing lifelong penalties for crimes that did not warrant such a punishment. But Sessions’s new charging policy, outlined in a two-page memo and sent to more than 5,000 assistant U.S. attorneys across the country and all assistant attorneys general in Washington, orders prosecutors to “charge and pursue the most serious, readily provable offense” and rescinds Holder’s policy immediately.

Sessions said prosecutors would have discretion to avoid sentences “that would result in an injustice,” but his message was clear: His Justice Department will be tougher on drug offenders than its predecessor.

“These are not low-level drug offenders we, in the federal courts, are focusing on,” Sessions said. “These are drug dealers, and you drug dealers are going to prison.”

The Sessions memo marks the first significant criminal justice effort by the Trump administration to bring back the toughest practices of the drug war, which had fallen out of favor in recent years with a bipartisan movement to undo the damaging effects of mass incarceration.
“Drug trafficking is an inherently dangerous and violent business,” Sessions said. “If you want to collect a drug debt, you can’t file a lawsuit in court. You collect it with the barrel of a gun.”

[How Jeff Sessions wants to bring back the war on drugs]

Civil liberties advocates condemned the measure as a return to ineffective policies.

“Attorney General Jeff Sessions overturned the sweeping criminal charging policy of former attorney general Eric H. Holder Jr. and directed his federal prosecutors Thursday to charge defendants with the most serious, provable crimes carrying the most severe penalties.

In a speech Friday, Sessions said the move was meant to ensure that prosecutors would be “un-handcuffed and not micromanaged from Washington” as they worked to bring the most significant cases possible.

“We are returning to the enforcement of the laws as passed by Congress, plain and simple,” Sessions said. “If you are a drug trafficker, we will not look the other way, we will not be willfully blind to your misconduct.”

The Holder memo, issued in August 2013, instructed his prosecutors to avoid charging certain defendants with drug offenses that would trigger long mandatory minimum sentences. Defendants who met a set of criteria such as not belonging to a large-scale drug trafficking organization, gang or cartel, qualified for lesser charges — and in turn less prison time — under Holder’s policy.

Civil liberties advocates at the time praised the move as appropriately merciful — potentially preventing people from facing lifelong penalties for crimes that did not warrant such a punishment. But Sessions’s new charging policy, outlined in a two-page memo and sent to more than 5,000 assistant U.S. attorneys across the country and all assistant attorneys general in Washington, orders prosecutors to “charge and pursue the most serious, readily provable offense” and rescinds Holder’s policy immediately.

Sessions said prosecutors would have discretion to avoid sentences “that would result in an injustice,” but his message was clear: His Justice Department will be tougher on drug offenders than its predecessor.

“These are not low-level drug offenders we, in the federal courts, are focusing on,” Sessions said. “These are drug dealers, and you drug dealers are going to prison.”

The Sessions memo marks the first significant criminal justice effort by the Trump administration to bring back the toughest practices of the drug war, which had fallen out of favor in recent years with a bipartisan movement to undo the damaging effects of mass incarceration.
“Drug trafficking is an inherently dangerous and violent business,” Sessions said. “If you want to collect a drug debt, you can’t file a lawsuit in court. You collect it with the barrel of a gun.”

Civil liberties advocates condemned the measure as a return to ineffective policies.”

Read the complete article by Sari Horwitz and Matt Zapotsky at this link:

https://www.washingtonpost.com/world/national-security/sessions-issues-sweeping-new-criminal-charging-policy/2017/05/11/4752bd42-3697-11e7-b373-418f6849a004_story.html?hpid=hp_hp-more-top-stories_sessions-7a%3Ahomepage%2Fstory&utm_term=.84d70fd2e9ee

 

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PWS

05-11-17

Turning Back The Hands Of Time — Sessions Seeks To Restore AG’s Lead Role In Immigration Enforcement!

https://www.washingtonpost.com/politics/seeking-central-role-on-immigration-attorney-general-jeff-sessions-plots-border-visit-to-arizona/2017/03/30/34fc8596-1550-11e7-833c-503e1f6394c9_story.html

David Nakamura and Matt Zapotosky report in the Washington Post:

“The Justice Department is seeking to play a more muscular role in the Trump administration’s immigration enforcement strategy, a move that is alarming immigrant rights advocates who fear Attorney General Jeff Sessions’s hard-line ideology could give Justice too much clout in determining policy.

To highlight the department’s expanding role, Sessions is considering making his first trip to the southern border in mid-April to Nogales, Ariz., a busy border crossing region that features a major patrol station and already has miles of fencing and walls designed to keep out illegal immigrants from Mexico. Aides emphasized that his itinerary is still being developed and the stop in Nogales — which would come as Sessions travels to a conference of state police officials from around the country 200 miles away in Litchfield Park — is still tentative.

If he follows through, the border visit would come at a time when President Trump is asking Congress for billions of dollars to begin construction on a longer and larger wall between the United States and Mexico, a central campaign promise.

In recent weeks, Sessions has taken steps to increase his department’s focus on immigration.

. . . .

But legal experts said Sessions could significantly restructure the Justice Department by ramping up the number of immigration judges sent to the border to speed up hearings and by pursuing more criminal prosecutions against immigrants in the United States beyond those associated with drug cartels and human smugglers that past administrations have focused on.

The Sessions Justice Department also could move to strip some protections from undocumented immigrants, such as how much time they have to find a lawyer; more robustly defend DHS enforcement policies that are challenged in court; and use the Office of the Special Counsel to aggressively prevent employers from discriminating against American workers by hiring undocumented workers, said Leon Fresco, a former deputy assistant attorney general in the Obama administration.

“I think they will be in­cred­ibly active,” said Fresco, who helped draft the 2013 immigration bill while serving as an aide to Sen. Charles E. Schumer (D-N.Y.). The only thing that could slow Sessions, he added, was “finding enough individuals with expertise and the willingness to speed these issues along.”

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Prior to the creation of the Department of Homeland Security (“DHS”), the Attorney General had responsibility for nearly all aspects of domestic immigration enforcement and adjudication. Most of those functions were reassigned to the DHS, leaving the AG responsible primarily for the Immigration Courts (through the Executive Office for Immigration Review – “EOIR”) and for conducting immigration litigation in the Article III Federal Courts (through the Office of Immigration Litigation — “OIL”).

Apparently, Attorney General Sessions finds these legal roles too “passive” for his enforcement-oriented outlook. Sensing a vacuum because of his closeness to the President and DHS Secretary Kelly’s relative inexperience in immigration issues, Sessions now seeks to make, rather than just defend or adjudicate, immigration policy.

What does this say about the chances that Sessions will promote a fair and impartial administrative hearing system through the U.S. Immigration Courts and the Board of Immigration Appeals over which he exercises ultimate control.

PWS

03/31/17

DOJ’s Travel Ban Litigating Strategy Discussed — The Rush Appears To Be “Off!”

https://www.washingtonpost.com/news/post-nation/wp/2017/03/23/trump-said-dangerous-people-might-be-pouring-in-without-his-travel-ban-but-hes-not-rushing-to-restore-it/?utm_term=.91d750428250

Matt Zapotosky reports in the Washington Post:

“Legal analysts and opponents say the Justice Department is likely pursuing a more methodical, strategic approach in hopes of a long-term victory — although in the process, the administration is hurting its case that the order is needed for urgent national security.

“If they don’t try to move the case as quickly as possible,” said Leon Fresco, deputy assistant attorney general for the Office of Immigration Litigation in President Barack Obama’s Justice Department, “it does undermine the security rationale.”

Trump’s new travel order — which suspended the U.S. refugee program for 120 days and blocked the issuance of new visas to citizens of Iran, Sudan, Somalia, Libya, Somalia and Syria for 90 days — was supposed to take effect March 16, but U.S. District Judge Derrick K. Watson in Hawaii blocked the administration from enforcing the critical sections of it. Early the next day, a federal judge in Maryland issued a similar ruling — leaving the administration with two different cases, in two different appellate circuits, that they would need to get overturned before they could begin carrying out the president’s directive. All roads seemed to lead to the Supreme Court.
But now it seems all but certain that the president’s revised entry ban will stay suspended at least into April, and possibly longer.

Lawyers for the Justice Department filed a notice of appeal in the Maryland case a day after the judge there ruled, but — unlike last time — they did not ask the higher court to immediately set aside the freeze on the new ban. They said they will do so Friday, but those challenging the ban will have a week to respond, and the Justice Department will then be allowed to file more written arguments by April 5.

The Trump administration has been content to let the court battle play out even more slowly in Hawaii, not elevating the dispute beyond a lower-court judge. The Justice Department has not filed a notice of its intent to appeal the ruling, and the next hearing in that case is set for March 29. Justice Department lawyers wrote Thursday that they would appeal to a higher court if that hearing doesn’t resolve in their favor. The courts will ultimately have to decide important questions, including how much authority they have to weigh in on the president’s national security determinations, whether Trump’s order was meant to discriminate against Muslims, and whether and how the president’s and his advisers’ own comments can be used against them.

There could be strategic reasons for pumping the brakes. Stephen W. Yale-Loehr, a professor of immigration law at Cornell Law School, said the Justice Department might be hoping for a favorable ruling from the U.S. Court of Appeals for the 4th Circuit, of which Maryland is a part, before they bring a case before the 9th Circuit, of which Hawaii is a part. A three-judge panel in the 9th Circuit unanimously rejected the administration’s bid to restore Trump’s first entry ban after it was frozen. The 4th Circuit on Thursday scheduled oral argument in its case for May 8.

And the Justice Department could be playing an even longer game, hoping that by the time the case makes its way to the Supreme Court, Neil Gorsuch will have joined the justices and brought to an end what many see as a 4-to-4 split along ideological lines, said Jonathan E. Meyer, a former deputy general counsel in the Department of Homeland Security under Obama who now works in private practice at Sheppard Mullin.”

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Even assuming that the Supremes eventually take the case, by no means a “gimme,” it probably would not be heard by the Court until some time in 2018 with a decision perhaps months after the argument. During that time, it is highly likely that the Travel Ban will remain enjoined.

From a government standpoint, it’s always prudent to 1) think carefully before taking on issues that can be litigated in U.S. District Courts which have authority to issue nationwide injunctions which require only a preliminary showing and are very difficult to “undo” (by contrast, “Removal Cases” usually can only be litigated in Circuit Courts of Appeal, which, although higher on the “judicial totem pole” than USDCs, lack authority to issue nationwide injunctions in connection with such individual case judicial review); and 2) always have “Plan B.” Here, “Plan B” might be the more stringent requirements for screening and issuing visas from countries where terrorist activity has taken place set forth in Secretary of State Tillerson’s recent instructions discussed in my previous blog:

http://wp.me/p8eeJm-xN

PWS

03/23/17

 

 

New Administration “Travel Ban” Likely On Wednesday — Revisions Will Address Some Issues That Troubled Courts

https://www.washingtonpost.com/world/national-security/new-travel-ban-will-exempt-current-visa-holders/2017/02/28/42ac1f3a-fe03-11e6-99b4-9e613afeb09f_story.html?hpid=hp_rhp-top-table-main_trumpban-0608pm%3Ahomepage%2Fstory&utm_term=.33edc3e29145

Matt Zapotosky reports in the Washington Post:

“Barring any last minute changes, President Trump will sign a revised travel ban that exempts current visa holders, according to a person familiar with the matter.

The revision marks a significant departure from the now-frozen first executive order, which temporarily barred refugees and citizens of seven Muslim-majority countries from entering the United States, and resulted in the State Department unilaterally revoking tens of thousands of visas. Justice Department lawyers hope the new order will be more likely to withstand legal challenges and will not leave any travelers detained at U.S. airports.

The new order also removes an exception to the refu­gee prohibition for religion minorities, the person said. Critics of the order had said that exception proved it was meant to discriminate on the basis of religion, because it allowed only Christians into the country.
The new order, the details of which were first reported by the Wall Street Journal, is expected to be signed Wednesday. The person who described it to The Post did so on the condition of anonymity because the administration had not authorized the release of details.”

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I would expect advocates to quickly challenge the new order. If the Administration backs up the order with some evidence supporting its actions, the legal challenges might be more difficult this time around.

PWS

02/28/17

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UPDATE:  NBC News reports Wednesday morning that the White House now says that the new Travel Ban Order will be further delayed.

PWS

03/01/17