JAMELLE BOUIE @ NYT: Is Trump Bringing Back Jim Crow? — This Time All Persons of Color Are Targets For Dehumanization! — “[W]e might be on a path that ends in something that is familiar from our past — authoritarian government with a democratic facade.”

Jamelle Bouie
Jamelle Bouie
Columnist
NY Times

Jamelle Bouie writes for The NY Times:

https://www.nytimes.com/2020/02/21/opinion/trump-authoritarian-jim-crow.html?referringSource=articleShare

When critics reach for analogies to describe Donald Trump — or look for examples of democratic deterioration — they tend to look abroad. They point to Russia under Vladimir Putin, Hungary under Viktor Orban, or Turkey under Recep Tayyip Erdogan. Trump, in this view, is a type — an authoritarian strongman. But it’s a foreign type, and his corrupt administration is seen as alien to the American experience.

This is a little too generous to the United States. It’s not just that we have had moments of authoritarian government — as well as presidents, like John Adams or Woodrow Wilson, with autocratic impulses — but that an entire region of the country was once governed by an actual authoritarian regime. That regime was Jim Crow, a system defined by a one-party rule and violent repression of racial minorities.

The reason this matters is straightforward. Look beyond America’s borders for possible authoritarian futures and you might miss important points of continuity with our own past. Which is to say that if authoritarian government is in our future, there’s no reason to think it won’t look like something we’ve already built, versus something we’ve imported.

Americans don’t usually think of Jim Crow as a kind of authoritarianism, or of the Jim Crow South as a collection of authoritarian states. To the extent that there is one, the general view is that the Jim Crow South was a democracy, albeit racist and exclusionary. People voted in elections, politicians exchanged power and institutions like the press had a prominent place in public life.

There’s a strong case to be made that this is wrong. “To earn the moniker,” argues the political scientist Robert Mickey in “Paths Out of Dixie: The Democratization of Authoritarian Enclaves in America’s Deep South, 1944-1972,” “democracies must feature free and fair elections, the safeguarding of rights necessary to sustain such elections — such as freedoms of assembly, association, and speech — and a state apparatus sufficiently responsive to election winners and autonomous from social and economic forces that these elections are meaningful.”

By that standard, the Jim Crow South was not democratic. But does that make it authoritarian? A look at the creation of Jim Crow can help us answer the question.

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Jim Crow did not emerge immediately after the Compromise of 1877 — in which Republicans agreed to withdraw federal troops from the South in return for the presidency — and the end of Reconstruction. It arose, instead, as a response to a unique set of political and economic conditions in the 1890s.

By the start of the decade, the historian C. Vann Woodward argued in his influential 1955 book “The Strange Career of Jim Crow,” opposition to “extreme racism” had relaxed to the point of permissiveness. External restraining forces — “Northern liberal opinion in the press, the courts, and the government” — were more concerned with reconciling the nation than securing Southern democracy. And within the South, conservative political and business elites had abandoned restraint in the face of a radical challenge from an agrarian mass movement.

Mickey notes how the Farmers’ Alliance and Populist Party “clashed with state and national Democratic parties on major economic issues, including debt relief for farmers and the regulation of business.” What’s more, “A Colored Farmers’ Alliance grew rapidly as well, and held out the possibility of biracial coalition-building.” This possibility became a reality in states like Alabama, Georgia and North Carolina, where Populists joined with a majority-black southern Republican Party to support common lists of candidates in “fusion” agreements against an explicitly elitist and white supremacist Democratic Party. Populists and Republicans won their greatest victories in that era in North Carolina, where they captured the state legislature and governor’s mansion, as well as local and county offices.

Democrats, among them large landowners and “New South” industrialists, responded with violence. Democratic paramilitary organizations — called “Red Shirts” — attacked Populist and Republican voters, suppressing the vote throughout the state. In Republican-controlled Wilmington, N.C., writes Mickey, “Democratic notables launched a wave of violence and killings of Republicans and their supporters, black and white, to take back the state’s largest city; hundreds fled for good.”

This basic pattern repeated itself throughout the South for the next decade. Working through the Democratic Party, conservative elites “repressed Populists, seized control of the state apparatus, and effectively ended credible partisan competition.” They rewrote state constitutions to end the vote for blacks as well as substantially restrict it for most whites. They gerrymandered states to secure the political power of large landowners, converted local elective offices into appointed positions controlled at the state level, “and further insulated state judiciaries from popular input.” This could have been stopped, but the North was tired of sectional conflict, and the courts had no interest in the rights of blacks or anyone else under the boot of the Democrats.

The southern Democratic Party didn’t just control all offices and effectively staff the state bureaucracy. It was gatekeeper to all political participation. An aspiring politician could not run for office, much less win and participate in government, without having it behind him. “What is the state?” asked one prominent lawyer during Louisiana’s 1898 Jim Crow constitutional convention, aptly capturing the dynamic at work, “It is the Democratic Party.” Statehood was conflated with party, writes Mickey, “and party disloyalty with state treason.”

Southern conservatives beat back Populism and biracial democracy to build a one-party state and ensure cheap labor, low taxes, white supremacy and a starkly unequal distribution of wealth. It took two decades of disruption — the Great Depression, the Great Migration and the Second World War — to even make change possible, and then another decade of fierce struggle to bring democracy back to the South.

It’s not that we can’t learn from the experiences of other countries, but that our past offers an especially powerful point of comparison. Many of the same elements are in play, from the potent influence of a reactionary business elite to a major political party convinced of its singular legitimacy. A party that has already weakened our democracy to protect its power, and which shows every sign of going further should the need arise. A party that stands beside a lawless president, shielding him from accountability while he makes the government an extension of his personal will.

I’m not saying a new Jim Crow is on the near horizon (or the far one, for that matter). But if we look at the actions of the political party and president now in power, if we think of how they would behave with even more control over the levers of the state, then we might be on a path that ends in something that is familiar from our past — authoritarian government with a democratic facade.

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“[T]he courts had no interest in the rights of blacks or anyone else under the boot of the [Jim Crow] Democrats.”

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In reality, judges were among those inside Germany who might have effectively challenged Hitler’s authority, the legitimacy of the Nazi regime, and the hundreds of laws that restricted political freedoms, civil rights, and guarantees of property and security. And yet, the overwhelming majority did not. Instead, over the 12 years of Nazi rule, during which time judges heard countless cases, most not only upheld the law but interpreted it in broad and far-reaching ways that facilitated, rather than hindered, the Nazis ability to carry out their agenda.

 

— United States Holocaust Museum, Law, Justice, and the Holocaust, at 8 (July 2018)

How soon we forget!

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Put simply: When some of the most despised and powerless among us ask the Supreme Court to spare their lives, the conservative justices turn a cold shoulder. When the Trump administration demands permission to implement some cruel, nativist, and potentially unlawful immigration restrictions, the conservatives bend over backward to give it everything it wants. There is nothing “fair and balanced” about the court’s double standard that favors the government over everyone else. And, as Sotomayor implies, this flagrant bias creates the disturbing impression that the Trump administration has a majority of the court in its pocket. 

—Mark Joseph Stern in Slate.

PWS

02-23-20

JOIN MORE THAN 1,100 FORMER DOJ OFFICIALS, INCLUDING MANY MEMBERS OF THE ROUND TABLE OF RETIRED JUDGES, IN SPEAKING OUT AGAINST BARR’S UNETHICAL ACTIONS AT DOJ & CALLING FOR HIS RESIGNATION — It’s Not Too Late To Get On Board For Protecting America’s Democratic Institutions From Corruption & Undue Political Influence!

Katie Benner
Katie Benner
Justice Correspondent
NY Times

Katie Benner reports for The NY Times:

https://www.nytimes.com/2020/02/16/us/politics/barr-trump-justice-department.html

WASHINGTON — More than 1,100 former federal prosecutors and Justice Department officials called on Attorney General William P. Barr on Sunday to step down after he intervened last week to lower the Justice Department’s sentencing recommendation for President Trump’s longtime friend Roger J. Stone Jr.

They also urged current government employees to report any signs of unethical behavior at the Justice Department to the agency’s inspector general and to Congress.

“Each of us strongly condemns President Trump’s and Attorney General Barr’s interference in the fair administration of justice,” the former Justice Department lawyers, who came from across the political spectrum, wrote in an open letter on Sunday. Those actions, they said, “require Mr. Barr to resign.”

The sharp denunciation of Mr. Barr underlined the extent of the fallout over the case of Mr. Stone, capping a week that strained the attorney general’s relationship with his rank and file, and with the president himself.

A Justice Department spokeswoman declined to comment.

After prosecutors on Monday recommended a prison sentence of up to nine years for Mr. Stone, who was convicted of obstructing a congressional inquiry, Mr. Trump lashed out at federal law enforcement. Senior officials at the department, including Mr. Barr, overrode the recommendation the next day with a more lenient one, immediately prompting accusations of political interference, and the four lawyers on the Stone case abruptly withdrew in protest.

The Justice Department said the case had not been discussed with anyone at the White House, but that Mr. Trump congratulated Mr. Barr on his decision did little to dispel the perception of political influence. And as the president widened his attacks on law enforcement, Mr. Barr publicly reproached the president, saying that Mr. Trump’s statements undermined him, as well the department.

“I cannot do my job here at the department with a constant background commentary that undercuts me,” Mr. Barr said during a televised interview on Thursday with ABC News.

In the days after the interview, Mr. Trump has been relatively muted. He said on Twitter that he had not asked Mr. Barr to “do anything in a criminal case.” As president, he added, he had “the legal right to do so” but had “so far chosen not to!”

But lawyers across the Justice Department continue to worry about political interference from the president despite public pushback by Mr. Barr, long considered a close ally of Mr. Trump’s.

Protect Democracy, a nonprofit legal group, gathered the signatures from Justice Department alumni and said it would collect more.

In May, Protect Democracy gathered signatures for a letter that said the Mueller report presented enough evidence to charge Mr. Trump with obstruction of justice were that an option. At the close of his investigation, the special counsel Robert S. Mueller III declined to indicate whether Mr. Trump illegally obstructed justice, citing a decades-old department opinion that a sitting president cannot be charged with a crime. That letter was also critical of Mr. Barr.

Even as the lawyers condemned Mr. Barr on Sunday, they said they welcomed his rebuke of Mr. Trump and his assertions that law enforcement must be independent of politics.

But Mr. Barr’s “actions in doing the president’s personal bidding unfortunately speak louder than his words,” they said.

The letter comes days after some Democratic senators pressed for Mr. Barr to resign, and after the New York City Bar Association said that it had formally reported the attorney general’s behavior to the Justice Department’s inspector general.

Strikingly, the lawyers called upon current department employees to be on the lookout for future abuses and to be willing to bring oversight to the department.

“Be prepared to report future abuses to the inspector general, the Office of Professional Responsibility, and Congress,” they wrote, and “to refuse to carry out directives that are inconsistent with their oaths of office.”

Prosecutors who currently work at the department should withdraw from cases that involve abuses or political interference, the lawyers said.

As a last resort, they asked Justice Department employees “to resign and report publicly — in a manner consistent with professional ethics — to the American people the reasons for their resignation.”

Katie Benner covers the Justice Department. She was part of a team that won a Pulitzer Prize in 2018 for public service for reporting on workplace sexual harassment issues. @ktbenner

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Here’s the statement:

DOJ Alumni Statement on the Events Surrounding the Sentencing of Roger Stone

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DOJ Alumni Statement

Feb 16 · 4 min read

We, the undersigned, are alumni of the United States Department of Justice (DOJ) who have collectively served both Republican and Democratic administrations. Each of us strongly condemns President Trump’s and Attorney General Barr’s interference in the fair administration of justice.

As former DOJ officials, we each proudly took an oath to support and defend our Constitution and faithfully execute the duties of our offices. The very first of these duties is to apply the law equally to all Americans. This obligation flows directly from the Constitution, and it is embedded in countless rules and laws governing the conduct of DOJ lawyers. The Justice Manual — the DOJ’s rulebook for its lawyers — states that “the rule of law depends on the evenhanded administration of justice”; that the Department’s legal decisions “must be impartial and insulated from political influence”; and that the Department’s prosecutorial powers, in particular, must be “exercised free from partisan consideration.”

All DOJ lawyers are well-versed in these rules, regulations, and constitutional commands. They stand for the proposition that political interference in the conduct of a criminal prosecution is anathema to the Department’s core mission and to its sacred obligation to ensure equal justice under the law.

And yet, President Trump and Attorney General Barr have openly and repeatedly flouted this fundamental principle, most recently in connection with the sentencing of President Trump’s close associate, Roger Stone, who was convicted of serious crimes. The Department has a long-standing practice in which political appointees set broad policies that line prosecutors apply to individual cases. That practice exists to animate the constitutional principles regarding the even-handed application of the law. Although there are times when political leadership appropriately weighs in on individual prosecutions, it is unheard of for the Department’s top leaders to overrule line prosecutors, who are following established policies, in order to give preferential treatment to a close associate of the President, as Attorney General Barr did in the Stone case. It is even more outrageous for the Attorney General to intervene as he did here — after the President publicly condemned the sentencing recommendation that line prosecutors had already filed in court.

Such behavior is a grave threat to the fair administration of justice. In this nation, we are all equal before the law. A person should not be given special treatment in a criminal prosecution because they are a close political ally of the President. Governments that use the enormous power of law enforcement to punish their enemies and reward their allies are not constitutional republics; they are autocracies.

We welcome Attorney General Barr’s belated acknowledgment that the DOJ’s law enforcement decisions must be independent of politics; that it is wrong for the President to interfere in specific enforcement matters, either to punish his opponents or to help his friends; and that the President’s public comments on DOJ matters have gravely damaged the Department’s credibility. But Mr. Barr’s actions in doing the President’s personal bidding unfortunately speak louder than his words. Those actions, and the damage they have done to the Department of Justice’s reputation for integrity and the rule of law, require Mr. Barr to resign. But because we have little expectation he will do so, it falls to the Department’s career officials to take appropriate action to uphold their oaths of office and defend nonpartisan, apolitical justice.

For these reasons, we support and commend the four career prosecutors who upheld their oaths and stood up for the Department’s independence by withdrawing from the Stone case and/or resigning from the Department. Our simple message to them is that we — and millions of other Americans — stand with them. And we call on every DOJ employee to follow their heroic example and be prepared to report future abuses to the Inspector General, the Office of Professional Responsibility, and Congress; to refuse to carry out directives that are inconsistent with their oaths of office; to withdraw from cases that involve such directives or other misconduct; and, if necessary, to resign and report publicly — in a manner consistent with professional ethics — to the American people the reasons for their resignation. We likewise call on the other branches of government to protect from retaliation those employees who uphold their oaths in the face of unlawful directives. The rule of law and the survival of our Republic demand nothing less.

If you are a former DOJ employee and would like to add your name below, click here. Protect Democracy will update this list daily with new signatories.

Dianne

LAST NAME

(Kelly) Sanford

HIGHEST DOJ TITLE

Assistant United States Attorney (D.C.); Assistant Section Chief, Environment and Natural Resources Division

# YEARS DOJ SERVICE

13

ADMINS SERVED UNDER

Bush I, Reagan, Carter

Stephanie

LAST NAME

(Lachman) Golden

HIGHEST DOJ TITLE

Trial Attorney

# YEARS DOJ SERVICE

10

ADMINS SERVED UNDER

Reagan, Carter, Ford

Jonathan

LAST NAME

Abernethy

HIGHEST DOJ TITLE

Assistant United States Attorney, SDNY

# YEARS DOJ SERVICE

7

ADMINS SERVED UNDER

Bush II

Elkan

LAST NAME

Abramowitz

HIGHEST DOJ TITLE

Chief of the Criminal Division, SDNY

# YEARS DOJ SERVICE

6

ADMINS SERVED UNDER

Carter, Ford, Nixon, Johnson

View larger version

Signatories have been vetted to the best of our ability.

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It’s NOT Too Late! Let YOUR Voice Be Heard For Justice In America!

Here’s how more former DOJ employees can sign on:

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Due Process Forever! Corruption & Unethical Behavior At The USDOJ Never! 

PWS

02-16-20

LINDA GREENHOUSE @ NYT:  SUPREMELY COMPLICIT:  Meanness Has Become A Means To The End Of Our Republic For J.R. & His GOP Judicial Activists On The Supremes! — What If They Had To Walk In The Shoes Of Those Whose Legal Rights & Humanity They Demean By Unleashing Trump’s Illegal & Immoral Cruelty On Migrants?

Linda Greenhouse
Linda Greenhouse
Contributing Opinion Writer
NY Times

 

https://www.nytimes.com/2020/02/13/opinion/supreme-court-immigration-trump.html

The Freudian concept of psychological projection refers to the behavior of people who, unable to acknowledge their own weaknesses, ascribe those same failings to others. President Trump provides a striking example in his multiple post-impeachment rants calling those who sought his removal “vicious” and “mean.” His choice of the word “mean” caught my attention, because I’ve been thinking for some time now that the United States has become a mean country.

There has been meanness, and worse, in the world, of course, long before there was a President Trump. But it doesn’t require suffering from the agitation of Trump derangement syndrome to observe that something toxic has been let loose during these past three years.

Much of it has to do with immigration: the separation of families at the border and the effort to terminate DACA, the program that protects from deportation undocumented young people brought to the United States as children. Removing this protection for hundreds of thousands of productive “Dreamers,” now pursuing higher education or holding jobs (or both), is an obvious lose-lose proposition for the country. It is also simply mean.

And the meanness radiates out from Washington. The mayor of Springfield, Mass., one of the biggest cities in one of the bluest states, has taken the president up on his offer to let local officials veto the resettlement of refugees in their communities. Tennessee enacted a law to cut off state money to cities that declare themselves “sanctuaries” from federal immigration enforcement. (At the same time more than a dozen counties in Tennessee have endorsed a growing “Second Amendment sanctuary” movement for gun rights.)

The meanness spreads to the lowest ranks of the country’s judiciary. USA Today reported two weeks ago that a common pleas judge in Hamilton County, Ohio, has adopted the practice of summoning ICE whenever he has a “hunch” that the defendant standing before him is an undocumented immigrant. “I’m batting a thousand. I haven’t got one wrong yet,” Judge Robert Ruehlman boasted.

In the Arizona desert, where thousands of border-crossing migrants have died from exposure and dehydration in the past decade, Border Patrol agents have been filmed kicking over and emptying bottles of water left for the migrants by volunteers. (This practice evidently preceded the Trump administration; the Border Patrol, in its union’s first-ever presidential endorsement, endorsed Mr. Trump’s candidacy in 2016, deeming him “the only candidate who actually threatens the established powers that have betrayed our country.” )

The United States attorney’s office in Tucson has been prosecuting people who enter the Cabeza Prieta National Wildlife Refuge without a permit to leave lifesaving bottles of water and cans of food along common migratory routes. In 2018, a federal magistrate judge, in a nonjury trial, convicted four people for illegal entry and abandoning property in the desert wilderness. The four are volunteers for No More Deaths/No Más Muertes, a ministry of the Unitarian Universalist Church of Tucson.

In their appeal before a federal district judge, Rosemary Márquez, the four invoked the Religious Freedom Restoration Act, arguing that their actions were driven by their faith and their belief in the “sanctity of human life.” The government responded that the four had simply “recited” religious beliefs “for the purpose of draping religious garb over their political activity.” (I’m not holding my breath for the Trump administration to similarly ridicule the religious claims of employers who say they can’t possibly include the birth-control coverage in their employee health plans, as the Affordable Care Act requires, lest they become complicit in the sin of contraception.)

The administration met its match in Judge Márquez. On Jan. 31, finding that the Religious Freedom Restoration Act barred the prosecution, she overturned the convictions. Her 21-page opinion noted that human remains were regularly found in the area, and she had this to say about that fact:

“The government seems to rely on a deterrence theory, reasoning that preventing clean water and food from being placed on the refuge would increase the risk of death or extreme illness for those seeking to cross unlawfully, which in turn would discourage or deter people from attempting to enter without authorization. In other words, the government claims a compelling interest in preventing defendants from interfering with a border enforcement strategy of deterrence by death. This gruesome logic is profoundly disturbing.”

The headline on this column promises some thoughts about the Supreme Court, so I’ll now turn to the court. The country’s attention was focused elsewhere two weeks ago when five justices gave the Trump administration precisely what it needed to put into effect one of the most meanspirited and unjustified of all its recent immigration policies. This was the radical expansion of the “public charge” rule, which bars from admission or permanent residency an immigrant who is “likely at any time to become a public charge.”

The concept of “public charge” in itself is nothing new. It was part of the country’s early efforts to control immigration in the late 19th century, where it was used to exclude those likely to end up in the poor house or its equivalent. That historic definition — “primarily dependent on the government for cash assistance or on long-term institutionalization” — was codified in 1999 “field guidance” issued to federal immigration officers.

Last August, the administration put a new definition in place. Any immigrant who receives the equivalent of 12 months of federal benefits within a three-year period will be deemed a public charge, ineligible for permanent residency or a path to citizenship. The designated benefits include nutrition assistance for a child under the SNAP program; receipt of a Section 8 housing voucher or residence in public housing; and medical treatment under Medicaid. The new rule, titled Inadmissibility on Public Charge Grounds, aggregates the benefits — that is, three of the benefits received in a single month count as three months of the 12.

States, cities, and nonprofit organizations around the country promptly filed lawsuits, with varying preliminary outcomes. The plaintiffs argued that the drastic change in definition was “arbitrary and capricious,” violating the Administrative Procedure Act’s core requirement of “reasoned decision making.”

In October, a federal district judge in New York, George Daniels, ruled in favor of two sets of plaintiffs, one group headed by New York State and the other, a coalition of nonprofit organizations. Judge Daniels noted that the government was “afforded numerous opportunities to articulate a rational basis for equating public charge with receipt of benefits for 12 months within a 36-month period, particularly when this has never been the rule,” but that its lawyers “failed each and every time.” He explained that “where an agency action changes prior policy, the agency need not demonstrate that the reasons for the new policy are better than the reasons for the old one. It must, however, show that there are good reasons for the new policy.”

And Judge Daniels added: “The rule is simply a new agency policy of exclusion in search of a justification. It is repugnant to the American dream of the opportunity for prosperity and success through hard work and upward mobility.” Noting that the policy would immediately cause “significant hardship” to “hundreds of thousands of individuals who were previously eligible for admission and permanent residence in the United States,” he issued a nationwide injunction to block its implementation.

The United States Court of Appeals for the Second Circuit put the government’s appeal on a fast track but refused, in the interim, to grant a stay of the injunction. So, predictably, the administration turned to its friends at the Supreme Court and, equally predictably, got what it wanted. By a vote of 5 to 4, the court granted a stay of the injunction to last through a future Supreme Court appeal.

Granting a stay at this point was a breathtaking display of judicial activism. The Second Circuit will hear the case promptly; briefs are due on Friday. More to the point, the court’s summary action, without full appellate review, changes the lives of untold numbers of people for the worse, people who immigrated legally to the United States and who have followed every rule. Being kicked off the path to citizenship puts them directly on the path to deportation, without any explanation from the highest court in the land of why this should be the case.

Of the five justices in the majority — Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh — only Justices Gorsuch and Thomas deigned to write anything. In a four-page concurring opinion, they made clear their determination to hold up this case, Department of Homeland Security v. New York, as an example of “the gamesmanship and chaos” that they said was attendant on “the rise of nationwide injunctions.”

I don’t remember such hand-wringing a few years back when anti-immigrant states found a friendly judge in South Texas to issue a nationwide injunction against President Barack Obama’s expansion of the DACA program to include parents of the “Dreamers.” The Supreme Court let that injunction stand.

Do the justices realize how they are being played? I started this column by mentioning psychological projection, a distorted view of others engendered by a distorted view of oneself. That’s Donald Trump, seeing himself the innocent victim of attacks from vicious and mean people. There’s another kind of projection, the image reflected when light strikes a mirror. Who do these five justices see when they look in their mental mirrors? Could it be Donald Trump?

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Eventually, the New Due Process Army will win the war to restore justice, Due Process, and the rule of law to our Republic. And one of the lessons should be: Better Federal Judges driven by fairness, scholarship, practicality, compassion, kindness, respect for all persons, and the courage to speak out for the rights of the people against tyranny and corruption.

In reality, judges were among those inside Germany who might have effectively challenged Hitler’s authority, the legitimacy of the Nazi regime, and the hundreds of laws that restricted political freedoms, civil rights, and guarantees of property and security. And yet, the overwhelming majority did not. Instead, over the 12 years of Nazi rule, during which time judges heard countless cases, most not only upheld the law but interpreted it in broad and far-reaching ways that facilitated, rather than hindered, the Nazis ability to carry out their agenda.

 

— United States Holocaust Museum, Law, Justice, and the Holocaust, at 8 (July 2018)

How soon we forget!

Yes, Linda, I think the Supremes’ Justices and other Article IIIs who aid the “dehumanization” and “Dred Scottification” of migrants, asylum seekers, and “the other” by the regime know full well that they are “being played.” They are willing, sometimes as in the case of the recent totally gratuitous nonsense about targeting nationwide injunctions flowing off the pens of Gorsuch and Thomas actually eager, to “go along to get along” — even when it often means hanging braver lower court colleagues who had the courage to speak truth to power and stand up to tyranny “out to dry.”

Like judges during the Jim Crow era and other disastrous episodes of legal history, they think they can hide out in their ivory towers behind legal gobbledygook that most first-years law students can recognize as the nonsense “cop out” that it is.  They also knowingly and intentionally betray the legions of courageous, ethical lawyers, many working pro bono in dangerous and unhealthy conditions, to uphold the rule of law in America and to defend human rights and human decency.

Hopefully, our Republic will survive this dark time, and these folks “working at the retail level,” many “charter members” of the New Due Process Army, will form the core of a future, better judiciary that will put Due Process and humanity first, above party loyalty and bizarre, often nonsensical, right wing theories used to justify lawlessness, injustice, unfairness, and invidious discrimination.

Due Process Forever!

PWS

02-15-20

THE “MAINSTREAM MEDIA” HAS FALLEN FOR BILLY BARR’S LATEST “CON JOB” HOOK, LINE & SINKER — But YOU Shouldn’t — Bess Levin @! Vanity Fair Decodes Billy’s Real Message to His Don: “Let [me] turn the judicial branch into your own personal score-settling operation in peace!“  — Plus, My Bonus “Friday Essay” — “Don’t Believe A Word Billy Barr Says!”

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

 

https://www.vanityfair.com/news/2020/02/william-barr-trump-doj-tweets

Bess writes:

Even before he was hired as Donald Trump’s attorney general, William Barr made it clear that he would be acting as the president’s lackey first and the chief lawyer for the United States second, having auditioned for the role by sending an unsolicited letter to the Justice Department calling the Russia inquiry “fatally misconceived” and describing Robert Mueller’s actions as “grossly irresponsible.” Since then, Barr has told Congress it’s perfectly okay for the president to instruct aides to lie to investigators, suggested that Mueller’s report fully exonerated Trump, which of course it did not, and attempted to bury the “urgent“ whistle-blower report that became the basis of the House’s impeachment proceedings.

Now, if it were up to Barr, he’d happily carry on doing the president’s dirty work, but for one problem: Trump, with his flapping yap and quick trigger finger, has been making it a little too obvious that the DOJ, in its current form, exists to punish his enemies and spare his friends. The most recent example of this, of course, came this week, when the president tweeted, at 1:48 a.m., that the sentencing recommendation of seven to nine years for his longtime pal Roger Stone was “horrible,” “very unfair,” and a “miscarriage of justice.” Then, after Barr’s DOJ intervened with a new filing calling for a much lighter sentence—which prompted the four prosecutors on the case to withdraw from it—the president tweeted his thanks, congratulating the attorney general on getting involved in matters relevant to his personal interests.

For many people long aware of Barr’s status as a boot-licking hack, this was a bridge too far. The calls for him to resign or be impeached were swift. And they got so bad that on Thursday, the attorney general felt compelled to sit down with ABC News and send the message to the president that if he’d like the DOJ to continue to do his dirty work, he needs to stop tweeting about it. Do criminals tell their social-media followers “Check out this sweet scam I just pulled”? No! Of course, rather than stating directly that the president’s penchant for telling the world about the many ways he’s corrupted the government have made it difficult for that corruption to continue, Barr had to pretend his comments were all about ensuring the DOJ’s independence, which would be a funny, not-at-all-believable thing for him to start caring about now.

“I’m not going to be bullied or influenced by anybody….whether it’s Congress, newspaper editorial boards, or the president,” Bill Barr tells @ABC News.

“I cannot do my job here at the department with a constant background commentary that undercuts me.” 

http://

abcn.ws/39yd9bE

 

“I’m not going to be bullied or influenced by anybody,” Barr insisted to ABC News chief justice correspondent Pierre Thomas. “Whether it’s Congress, a newspaper editorial board, or the president. I’m gonna do what I think is right. And you know…I cannot do my job here at the department with a constant background commentary that undercuts me.” Just in case that extremely obvious hint was lost on its intended audience, Barr added: “I think it’s time to stop the tweeting about Department of Justice criminal cases.”

Maybe it’s not the tweets damaging his integrity but the nakedly partisan and quasi-legal decisions he’s made on the tweeter’s behalf?  Just a thought. 

AG Bill Barr: “I’m not going to be bullied or influenced by anybody.” He says Trump’s tweets “make it impossible for me to do my job and to assure the courts and the prosecutors in the department that we’re doing our work with integrity.” via @ABC @PierreTABC @alex_mallin

Asked about the decision to reverse the sentencing recommendation for Stone, Barr insisted that it definitely had nothing to do with the guy being a longtime friend of Trump’s, claiming that he came to the unbiased conclusion on his own that the seven-to-nine-years call was excessive and that he was planning to file an update even before Trump tweeted about it being “horrible and unfair.” (He was not asked about the NBC News report that he additionally removed a U.S. attorney from her post for failing to punish Trump’s enemy Andrew McCabe, or that the Justice Department also intervened to change the sentencing recommendation for convicted criminal and former national security adviser Michael Flynn.)

Barr said Trump’s middle-of-the-night tweet put him in a bad position. He insists he had already discussed with staff that the sentencing recommendation was too long. “Do you go forward with what you think is the right decision or do you pull back because of the tweet? And that just sort of illustrates how disruptive these tweets can be,” he said.

Barr also told ABC he was “a little surprised” that the entire Stone prosecution team had resigned from the case—and one from the DOJ entirely—which presumably has something to do with the fact that after using your department to do the president’s bidding for so long, you sometimes forget that other people will take issue with such behavior.

Asked if he expected Trump to react to his criticism of the tweets, Barr responded: “I hope he will react.”

“And respect it?” Thomas asked.

“Yes,” Barr said. You hear that, Mr. President? Let the man turn the judicial branch into your own personal score-settling operation in peace!

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

DON’T BELIEVE A WORD BILLY BARR SAYS!

By Paul Wickham Schmidt

Exclusive for immigrationcourtside.com

Feb. 14, 2020

Even smart folks like The NY Times’ David Leonhardt are babbling about, perhaps, giving Billy “the benefit of the doubt.” Come on, man! 

As Bess Levin points out, Barr’s faithfully been doing Trump’s “dirty work” for him since even before he set foot inside the DOJ again. It’s not like he’s suddenly had a “moral awakening” or discovered human decency. 

No, Trump is the “unitary Executive” that Billy and some of his GOP righty neo-fascists have always salivated over. But, understandably he’d prefer more privacy as he deconstructs the DOJ and undermines fair and impartial justice, including, of course, further trashing the Immigration Courts that, incredible as it might seem in a country that actually has a written Constitution supposedly guaranteeing Due Process to “all persons,” belong exclusively to him. 

Remarkably, and quite stunningly to anyone who has actually studied the law, the Article III Courts, all the way up to the feckless Supremes, have gone along with this absurd charade. You get the message: Immigrants, migrants, and asylum seekers aren’t really “persons” at all. They have been dehumanized by the regime and “Dred Scottified” by the Article IIIs.

There is no particular legal rationale or justification for this ongoing miscarriage of justice. It’s just a matter of enough folks in black robes being too cowardly or self-absorbed, or maybe in a few cases too ignorant, to stand up for the Constitutional and human rights of the most vulnerable among us.

To paraphrase an expression from the world of religion: “What would Jesus think about this blindness to human suffering?” Nothing good, I’m sure!

If he’s actually out there among us today, he’s undoubtedly among those suffering in the regime’s “New American Gulag” or waiting in squalor along the Mexican border for a “fixed hearing” that’s probably never going to happen anyway. I know where he isn’t: among the sign waving crazies shouting hateful slogans glorifying human rights abuses at the “hate fests” z/k/a “Trump rallies!”

In Immigration Court, the conflicts of interest and threats to human decency aren’t just “implied” or “apparent.” They are very real, and they are destroying real human lives, even killing innocent folks, every day. 

And, unlike U.S. District Judge Amy Berman Jackson, whose life tenure allows her to “ignore the noise and do what she thinks is right” (as Trump’s GOP toadies love to point out), Immigration Judges are “wholly owned commodities” of Billy and the regime: disposable, subservient, and told to “follow orders.” They can’t even schedule their own cases without political interference, let alone apply the law in a way that conflicts with Billy’s unethical precedents or those entered by his “wholly owned appellate body,” the Board of Immigration Appeals! 

The latter has recently gone out of its way to show total subservience to the regime’s White Nationalist anti-asylum, anti-due-process, anti-immigrant agenda. Indeed, they have even drawn the ire of at least one conservative GOP-appointed Article III Judge by contemptuously disobeying a direct court order in favor of a footnote in a letter from the Attorney General.

This remarkable, yet entirely predictable, event was first highlighted in Courtside.” https://immigrationcourtside.com/2020/01/25/contempt-for-courts-7th-cir-blasts-bia-for-misconduct-we-have-never-before-encountered-defiance-of-a-remand-order-and-we-hope-never-to-see-it-again-members-of-the-board-must-count-themse/

It was also the subject of a highly readable analysis by my good friend and NDPA leader Tess Hellgren, at Innovation Law Lab, certainly no stranger to scofflaw behavior by EOIR and “go along to get along” complicity by Article IIIs. https://immigrationcourtside.com/2020/02/01/tess-hellgren-innovation-law-lab-when-it-comes-to-the-captive-bia-weaponized-immigration-courts-the-article-iiis-need-to-put-away-the-rubber-stamp-restore-integrity-to-the-law-fac/

More recently, EOIR’s trashing of judicial norms under Billy Barr has been highlighted in another fine article in CNN by Professor Kimberly Wehle, herself a former DOJ prosecutor.https://www.politico.com/news/magazine/2020/02/12/a-conservative-judge-draws-a-line-in-the-sand-with-trump-administration-114185

“Shocking” as this professional malpractice and contempt for the justice system might be to those journalists and former DOJ employees who haven’t been paying attention, it’s nothing new to those of us involved in immigration. For the last three years, the regime has been actively and unethically “gaming” the unconstitutional Immigration “Court” system against the very migrants and asylum seekers whose legal rights and human dignity they are actually supposed to be protecting!  How is this “just OK?”

Feckless Article III Courts have largely “gone along to get along,” although they might be showing less patience now that the scofflaw actions and disrespectful attitudes promoted by Billy and his predecessor “Gonzo Apocalypto” Sessions are directed at them personally rather than just screwing vulnerable migrants and asylum seekers.  

While it’s nice that at least some Article III Judges are finally reacting to being “given the finger” by Barr, Trump, and their gang of White Nationalist thugs, outrage at their own disrespectful treatment pales in comparison with the death, torture, rape, extortion, and the other parade of horribles being inflicted daily on vulnerable migrants by the Immigration “Courts” and the human rights criminals in the Trump regime while the Article IIIs fail to step in and save lives. 

In the end of the day, as history will eventually show, human lives, which are the key to the “rule of law,” will prove to be more important than “hurt feelings” among the Article III “lifers” or the kind of legal gobbledygook (much of it on “jurisdiction” which often translates into “task avoidance”) that Article IIIs, particularly those from the right wing, like to throw around to obscure their legal tone-deafness and moral failings from their fellow humans.

Due Process Forever; Complicity in the Face of Tyranny Never!

 

PWS

02-14-20

JAMELLE BOUIE @ NYT: SUPREMES’ TRAVEL BAN “TANK” ENCOURAGED & ENABLED TRUMP’S RACIST AGENDA — THE BOGUS EXTENSION OF THE TRAVEL BAN TO NIGERIA PROVES IT — “Which is to say that it does not matter that Nigeria isn’t much of a national security threat or that Nigerians are among the most successful immigrants to the United States, surpassing native-born Americans in income and educational attainment. What matters is that they’re black and African and, for Trump, at the bottom of a racial hierarchy.”

Jamelle Bouie
Jamelle Bouie
Columnist
NY Times

https://www.nytimes.com/2020/02/04/opinion/trump-travel-ban-nigeria.html

Bouie writes:

It’s happening a little bit out of public consciousness — swamped by impeachment, the coronavirus and the Democratic presidential race — but on Friday President Trump announced further restrictions on immigration and foreign entry to the United States. Citing security concerns, the administration has slammed the door on immigrants from the African nations of Sudan, Tanzania and Eritrea, as well as Myanmar in Southeast Asia and Kyrgyzstan in Central Asia. These countries, which have large Muslim populations, join seven others on the president’s ever-developing travel ban.

There’s one other country on the expanded list — Nigeria. Home to more than 200 million of Africa’s 1.2 billion people, Nigeria has the largest economy on the continent and has worked with the American military on joint operations. But given an “elevated risk and threat environment in the country,” administration officials say there’s a chance Nigeria could become a vector for terrorists who want to enter the United States. Nigeria’s government has long struggled with the Islamist group Boko Haram, which is responsible for multiple kidnappings and dozens of attacks that amount to mass slaughter.

But there’s little to no evidence that this group is a threat to Americans, nor is there any history of Nigerian terrorism on American soil. From 1975 to 2015, according to an analysis from the libertarian Cato Institute, just one Nigerian national was implicated in a terrorist attack against the United States. And, it should be said, the administration has not banned all entry from Nigeria — only applications for permanent residence. Tourists can still visit America, an odd loophole if the White House is actually worried about terrorism.

But I don’t think President Trump is actually worried about Nigerian terrorism.

JAMELLE BOUIE’S NEWSLETTERDiscover overlooked writing from around the internet, and get exclusive thoughts, photos and reading recommendations from Jamelle. Sign up here.

In 2017, The New York Times reported on a meeting between Trump and several members of his cabinet in which he raged against foreign visitors to the United States. Citing a memo from Stephen Miller, the president’s chief immigration hard-liner, Trump complained about the pending arrival of thousands of people from Muslim and predominantly African nations. They “all have AIDS,” Trump reportedly said, about immigrants from Haiti. As for Nigerians? Once they saw America, they would never “go back to their huts.”

All of this was separate from the president’s remarks on what he famously called “shithole countries” — those came the next year, when he found a fresh way to articulate his racist vision of immigration policy, where white Europeans are welcome and nonwhites are not.

Which is to say that it does not matter that Nigeria isn’t much of a national security threat or that Nigerians are among the most successful immigrants to the United States, surpassing native-born Americans in income and educational attainment. What matters is that they’re black and African and, for Trump, at the bottom of a racial hierarchy.

I’ve written before about the 1924 Immigration Act, also known as the Johnson-Reed Act, which codified a decade’s worth of nativist hysteria into law. It followed the Immigration Act of 1917, which imposed literacy tests on new immigrations and barred immigration from the Asia-Pacific region, and the Emergency Quota Act of 1921, which established the first per-country percentage limits on the number of immigrants to the United States. The 1924 act was the harshest. It was also the most far-reaching. Meant to reduce immigration from Southern and Eastern Europe, it also defined the American nation in explicitly racial terms.

The quota system established by Johnson-Reed, the historian Mae Ngai writes, “subtracted from the total United States population all blacks and mulattoes, eliding the difference between the ‘descendants of slave immigrants’ and the descendants of free Negroes and voluntary immigrants from Africa. It also discounted all Chinese, Japanese and South Asians as persons ‘ineligible to citizenship,’ including descendants of such people with American citizenship by native birth.”

In doing so, Ngai continues, the 1924 Immigration Act “excised all nonwhite, non-European peoples” from its “legal representation of the American nation,” setting the stage for the “racialization of immigrant groups around notions of whiteness, permanent foreignness and illegality.”

Trump is almost certainly ignorant of the Johnson-Reed Act (Stephen Miller, on the other hand, is not). But he’s channeling the impulse of that law — the attempt to cast the United States as a white nation, off-limits to those who don’t fit his preferred racial type. And with the Supreme Court’s blessing (granted to the revised version of the original travel ban), he’s doing just that: using his immigration policy to resurrect and reconstitute the exclusions of the early 20th century.

Although immigration policy deals with the external boundaries of the United States, the elevation of whiteness has internal consequences as well. Not because the president intends to distribute benefits and favors on the basis of race — although there are elements of that in his administration’s behavior — but because it sends a larger signal about who matters in this society. Every time Trump and other members of his administration make the decision to stratify and racialize, they are also making a statement about who receives a voice and who deserves respect.

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

America needs Supremes with the expertise, legal understanding, and moral courage to stand up for the legal, Constitutional, and human rights of all persons against the Trump/Miller/GOP White Nationalist agenda.

By enabling the rebirth of Jim Crow, the “GOP Justices” are destroying America to enable a vile anti-social agenda of a neo-fascist regime!

Human lives matter more than corporate profits!

Due Process Forever; White Nationalism Never!

PWS

O2-06-20

NY TIMES BLASTED FOR GIVING FORUM TO WHITE NATIONALIST PROPAGANDA FROM CIS SHILL! — “The organization has gained credibility by writing pseudo-science ‘research’ papers that are little more than racist ideology dressed up in scholarly language.”

 

 

Sebastian Murdock
Sebastian Murdock
Senior Reporter
HuffPost

https://www.huffpost.com/entry/new-york-times-anti-immigration-op-ed-hate-group_n_5e21d9d8c5b673621f752f9c

The Center for Immigration Studies, an anti-immigration think tank, is categorized as a hate group by the Southern Poverty Law Center.

BY SEBASTIAN MURDOCK

SENIOR REPORTER

HIUFFPOST

The New York Times published an op-ed decrying immigration by an author claiming to be a “liberal restrictionist” who is in fact attached to a known hate group.

The column, published Friday, was written by , “a senior research fellow at the Center for Immigration Studies,” according to the biography listed under his byline.

CIS, which calls itself “an independent, non-partisan, non-profit, research organization,” is a known hate group that has been described by the Southern Poverty Law Center as an anti-immigrant movement that hires racist writers and associates with white nationalists.

“I’m a Liberal Who Thinks Immigration Must Be Restricted,” Kammer’s headline reads. The piece begins with an anecdote about how immigrants take the jobs of American-born workers and later claims “many liberal Democrats” want illegal immigration to run rampant:

Now many liberal Democrats, including those who call for the abolition of Immigration and Customs Enforcement, seek to erase the distinction between legal and illegal immigration. Under the banner of inclusiveness, equality, human rights, racial reconciliation and reparations for American interventions in the third world, those liberals demand sanctuary for those who make it past the Border Patrol or overstay a visa. Few speak openly of open borders, but that is essentially what they are calling for.

Throughout the piece, Kammer seems set on reminding readers that he is liberal, even if his views might suggest otherwise.

“That’s why I call myself a liberal restrictionist,” Kammer, a former journalist, writes. “I have long considered myself a moderate liberal, in part because Democrats have always been the allies of working people.”

White House adviser Stephen Miller, a white nationalist, has cited CIS when speaking about immigration, and in 2011, the group released a report attempting to connect immigration with the creation of future terrorists, calling them “terror babies.”

The organization has gained credibility by writing pseudo-science “research” papers that are little more than racist ideology dressed up in scholarly language. According to the SPLC, “longtime CIS executive director Mark Krikorian’s contributions to the immigration policy debate rarely rise above petulant commentary dashed with extremist statements.”

Running a column by an author employed by a known hate group is the latest in the Times’s run of publishing racist pieces in its opinion section. In December, columnist and known bedbug Bret Stephens cited a study by a white nationalist that falsely claimed Ashkenazi Jews have a higher IQ than other races. The study he cited “traffics in centuries-old anti-Semitic tropes,” according to the SPLC.

Do better, New York Times.

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

Ben Mathis-Lilley
Ben Mathis-Lilley
Chief News Blogger
SLATE

https://slate.com/news-and-politics/2020/01/times-op-ed-white-nationalist-center-for-immigration-studies.html

THE SLATEST

Times Taps White Nationalist Organization for Thought-Provoking Perspective on Immigration

By BEN MATHIS-LILLEY

JAN 17, 20206:42 PM

The New York Times opinion section under editor James Bennet ostensibly aims to challenge the paper’s predominately liberal readers by presenting them with thoughtful critiques of their worldview. In practice, it runs pieces like this recent argument that launching a war against Iran would end attacks against American interests in the Middle East—which was written by a veteran of the Bush administration who had predicted confidently in a 2003 piece also published by the Times that launching a war against Iraq would end attacks against American interests in the Middle East. There was no acknowledgment in the new piece of the old one, as an opinion section committed to intellectual honesty might require, nor was it particularly challenging in the sense of being difficult to rebut. But it did make people on the left feel bad, and like they were losing their minds, which is the bar that Bennet’s section requires an argument to clear.

The essay “I’m a Liberal Who Thinks Immigration Must Be Restricted,” published in the Times Thursday, may represent the nadir of this approach. It makes a familiar argument: that “the left” believes in a “post-national” system of open borders which sacrifices the interests of native-born working Americans to the interests of low-skilled foreign immigrants who drive down wages and disrupt the cultural cohesiveness of their communities. It argues for respecting a distinction between legal and illegal immigration and asserts that Donald Trump’s position on immigration can be appreciated, in a non-racist way, as “a patriotic battle to defend common people.” It accuses Trump’s critics of having had their minds addled by “tribal passions” and a fetish for conflict “between ethnic groups,” and it proposes a “conciliatory” policy that would offer amnesty to existing undocumented workers but institute a crackdown regime of visa enforcement that would prevent future undocumented individuals from finding jobs.

The familiarity of the article’s arguments is matched by the familiarity of its flaws. While large-scale immigration is, in fact, believed by some non-racists to flatten wages at the bottom of the pay scale, it’s also known to accelerate rather than retard economic expansion overall, and tends to be supported by progressives who advocate for other means of increasing working-class wages and sharing the benefits of GDP growth. The distinction between “legal” and “illegal” immigration is not some ancient, race-agnostic pillar of global affairs, but rather a concept that was instituted in the United States in the early 20th century to explicitly discriminate against Asian, southern European, and eastern European individuals and expanded in the 1960s to explicitly discriminate against Mexicans. Trump’s support is strongest in areas where there are fewer undocumented immigrants, not more, and he lost four of the five states that have the highest undocumented populations per capita. Many of the most immigration-heavy and ethnically diverse cities in the U.S. are also the safest and wealthiest and are considered so desirable to live in by migrating native-born Americans that they are experiencing housing crises.

As to whether criticizing an administration that instituted the premeditated, systematic separation of young children from their parents after they applied legally for asylum is a matter of unseemly “tribal passions,” or whether support for the principles of inclusive American citizenship described on the Statue of Liberty constitutes “post-national” anti-patriotism, perhaps we can agree to disagree.

More concerning than any of these specific problems, though, is the piece’s provenance: It’s written by someone named Jerry Kammer, a fellow at a think tank called the Center for Immigration Studies. Kammer has made a career out of covering immigration policy, he writes, for two reasons: “I was fascinated by its human, political and moral complexity. I also wanted to push back against the campaign by activist groups to label restrictionism as inherently racist.” He expresses regret that “odious people” with white-power affiliations have given the cause of cutting back on immigration a “bad name.”

What neither Kammer nor the Times discloses is that the Center for Immigration Studies was in fact founded by these people, most prominent among them a white nationalist named John Tanton who died last year. Tanton, as the Southern Poverty Law Center has documented, believed that the United States needed to maintain a “European-American majority, and a clear one at that”; he founded CIS, he wrote in the 1980s, in order to give his ideas the appearance of independent “credibility.”

Kammer does write that he disagrees with “some of the center’s hard-line positions.” Among his more hard-line colleagues at CIS are a writer named Jason Richwine, who contributed to a journal founded by white supremacist Richard Spencer and who has said that “IQ” is the “most important” difference between racial groups. (As the SPLC has documented, CIS has circulated literally hundreds of articles by explicit white supremacists like Spencer via links in its weekly newsletter. Its director once accused Barack Obama of trying to “foment race war.”) A statement of purpose on the CIS website is credited to longtime Tanton collaborator Dan Stein, who once complained that mass immigration was a tool developed by “Ted Kennedy and his political allies” in approximately 1958 to “retaliate against Anglo-Saxon dominance.”

In 1997, the Wall Street Journal wrote about Tanton in a piece called “The Intellectual Roots of Nativism.” It was a scathing article which noted that Tanton had once described the immigrant’s contribution to society as “defecating and creating garbage and looking for jobs.” The piece expressed concern that “otherwise sober-minded conservatives” and “reasonable critics of immigration” were affiliating themselves with his ideas. The author of that WSJ article, a 28-year-old journalist named Tucker Carlson, has since made the career-advancing decision to embrace Tanton-style nativism; he was in the news not too long ago for complaining in his role as a Fox News host that immigrants make the United States physically “dirtier.”

Whatever space ever existed between mainstream conservatism and white-power nationalism, Carlson demonstrates, has collapsed. And it turns out that the “odious people” that Kammer references in the Times are actually his colleagues and forebears, who created his organization so that policies intended to perpetuate “European-American” and “Anglo-Saxon” superiority could be laundered into the respectable discourse. What else is there to say but: It worked!

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

So, we have a White Nationalist in the White House assisted by neo-Nazi advisor Stephen Miller actually turning nativism into “Government policy.” Other white supremacists are scattered in key positions throughout the Government, particularly the immigration bureaucracy. Trump tweets and right-wing media put out a constant barrage of nativist lies, misrepresentations, false narratives, and racial, ethnic, and religious slurs.

So, just why is it that the “mainstream media” owes White Nationalists yet another forum to spread their nativist propaganda?

It’s not limited, of course, to just the Times. The WashPost regularly publishes largely fact and value free right-wing blather from professional shills like Marc Thiessen and Hugh Hewitt under the guise of “op-eds.”

And Chuck Todd regularly invites GOP congenital liars and Trump toadies like Sen. Ron Johnson (R-WI), Sen. John Kennedy (R-LA), and Sen. Ted Cruz (R-TX) to spread their lies, false narratives, and debunked “conspiracy theories” from the “bully pulpit” of “Meet the Press.” To top it off, Chuck then appears to be flabbergasted that when he confronts these guys with truth and facts, they “double down” continuing to lie to his face, ignore established facts, and spread Putinesque conspiracy theories. 

Fact is, most of the Trump agenda is corrupt, counterfactual, unethical, inhumane, divisive, and corrosive to American democracy. We receive enough of it from lots of sources every day, pretty much 24-7-365. Is it really necessary for those supposedly dedicated to truth and democracy to give more free “air time” to nativist shills spreading their racially corrosive, divisive, anti-democracy propaganda?

PWS

01-18-20

LINDA GREENHOUSE @ NYT: Trump’s Solicitor General Argues For Trashing The Remaining Vestiges Of The Supremes As An Independent Judiciary Rather Than Trump/Far Right Political Toadies! — Not Surprisingly, Immigration Is The Issue!

Linda Greenhouse
Linda Greenhouse
Contributing Opinion Writer
NY Times

https://www.nytimes.com/2020/01/02/opinion/guantanamo-detention-supreme-court.html

Greenhouse writes in the NYT:

I have tried to write at least one column every year about Guantánamo in the belief that what happened there, and what the Supreme Court had to say about it, still matters — even though only a few dozen prisoners remain from the hundreds once held there as legal proceedings grind on with no end in sight.

Having missed my goal in 2019, I’m starting the new year with a Guantánamo column. It’s not about Guantánamo per se, but rather about a new Supreme Court case that will test the current justices’ adherence to an important constitutional principle that emerged from the struggle among the three branches of government over what legal regime should govern the detention of those deemed enemy combatants in the aftermath of 9/11.

In a series of rulings from 2004 through 2008 that were notable for majority coalitions of justices appointed by both Democratic and Republican presidents, the court rejected the claims of both the White House and Congress that the federal courts had no business in Guantánamo. The most important of these decisions was the final one, Boumediene v. Bush. Congress had tried in the Military Commissions Act of 2006 to strip the federal courts of jurisdiction over cases brought by Guantánamo detainees. The court ruled, in an opinion by Justice Anthony Kennedy, that the detainees had a constitutional right to seek habeas corpus, the ancient English remedy for illegal detention.

The case now before the court, to be argued in early March, is in essential respects Boumediene’s direct descendant. The question in Department of Homeland Security v. Thuraissigiam is whether a 1996 federal immigration law unconstitutionally stripped the federal courts of jurisdiction over cases, including habeas corpus cases, brought by undocumented immigrants who are subject to what the law designated as “expedited removal.”

The immigrant in this case, Vijayakumar Thuraissigiam, is a member of the minority Tamil population in Sri Lanka who applied for asylum after being apprehended crossing the Mexican border into California. Expedited removal applies to, among others, those aliens who are deemed inadmissible upon arrival; an immigration officer can order their immediate deportation. The rules are different if the immigrant is seeking asylum. Those individuals appear before an asylum officer to be screened for the required “credible fear of persecution or torture” if sent back to their home countries.

If “credible fear” is found, immigrants enter what is known as a “full removal proceeding” where they can apply for asylum and obtain judicial review if asylum is denied. But an immigrant who fails the initial screening, as Mr. Thuraissigiam did, receives only a truncated administrative review process and remains in expedited removal. The only access to federal court is for a claim of mistaken identity. The law, which carries the unwieldy name of the Illegal Immigration Reform and Immigrant Responsibility Act, provides: “There shall be no review of whether the alien is actually inadmissible or entitled to any relief from removal.”

In its decision last March, a panel of the United States Court of Appeals for the Ninth Circuit held the jurisdiction-stripping provision of the law unconstitutional. “Boumediene is our starting point,” the appeals court wrote. It held that like the Military Commissions Act that the Supreme Court invalidated in that case, the immigration law amounted to an unconstitutional “suspension” of habeas corpus. The reference is to Article I, Section 9, Clause 2 of the Constitution, the Suspension Clause, which provides: “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”

In the government’s petition to the Supreme Court, which the justices granted in October, Solicitor General Noel Francisco argued that Boumediene was “fundamentally different” from this case, because while the Guantánamo detainees were seeking release from custody so they could return home, Mr. Thuraissigiam is already free to return home but is trying to stay: “He would be removed to and released in Sri Lanka forthwith absent his habeas petition.”

Whatever its merits, this was a conventional legal argument. Lawyers are always distinguishing their case from the case that set the precedent, aiming to persuade a court that the precedent shouldn’t apply because the facts or context are different.

Then something changed.

The brief on the merits that Solicitor General Francisco filed in December took a surprisingly different line of attack on the Ninth Circuit’s decision. In addition to distinguishing Boumediene as inapplicable, the brief argues that Mr. Thuraissigiam’s claim must fail because the Constitution’s framers would not have applied the Suspension Clause to immigrants seeking relief from deportation. This is an aggressive “originalist” argument that comes very close to telling the court that Boumediene itself was wrongly decided. “This court has stated that ‘the Suspension Clause protects the writ as it existed in 1789,’ ” the brief asserts, citing an immigration case from 2001, Immigration and Naturalization Service v. St. Cyr. It continues: “And in 1789, the writ did not protect the sort of claim that respondent asserts here.”

To be generous, that is at best a partial rendering of what Justice John Paul Stevens said in his majority opinion in the St. Cyr case. Here is the relevant paragraph, highlighting two important words that the administration’s brief left out (Enrico St. Cyr was a Haitian immigrant trying to avoid deportation; he won the case):

“In sum, even assuming that the Suspension Clause protects only the writ as it existed in 1789, there is substantial evidence to support the proposition that pure questions of law like the one raised by the respondent in this case could have been answered in 1789 by a common law judge with power to issue the writ of habeas corpus. It necessarily follows that a serious Suspension Clause issue would be presented if we were to accept the I.N.S.’s submission that the 1996 statutes have withdrawn that power from federal judges and provided no adequate substitute for its exercise.”

Justice Kennedy voted with the St. Cyr majority. And in his majority opinion seven years later in Boumediene, he had this to say: “The court has been careful not to foreclose the possibility that the protections of the Suspension Clause have expanded along with post-1789 developments that define the present scope of the writ.”

What accounts for the administration’s aggressive advocacy in the face of the carefully nuanced precedents that apply to this area of the law? Two factors, I think. The first is that conservatives despise the Boumediene opinion. Judge Raymond Randolph, a stalwart conservative on the United States Court of Appeals for the District of Columbia Circuit, who wrote the opinion that the Supreme Court overturned in Boumediene, has openly been at war with the Supreme Court over Guantánamo.

In a 2010 speech to the Heritage Foundation, he compared the justices in the Boumediene majority to Tom and Daisy Buchanan in “The Great Gatsby:” “careless people, who smashed things up” and who “let other people clean up the mess they made.” And another conservative judge on the same court, Laurence Silberman, in a concurring opinion in 2011 called Boumediene “the Supreme Court’s defiant — if only theoretical — assertion of judicial supremacy.”

After Boumediene, dozens of Guantánamo detainees brought habeas corpus petitions in Federal District Court in Washington, and the judges of that court granted relief to many of them. But the conservative judges on the appeals court overturned one favorable ruling after another in what at least from the outside looked like a systematic effort to “clean up the mess” by rendering a potentially powerful rights-protecting decision toothless. Not once did the appeals court uphold a detainee’s grant of habeas corpus. Justice Brett Kavanaugh, who was a judge on the D.C. Circuit throughout that period, joined the majority in two of the more important cases.

The war on Boumediene is not ancient history. In his widely noticed speech to the Federalist Society in November, Attorney General William P. Barr took direct aim at the decision, referring to it as the climax of “the most blatant and consequential usurpation of executive power in our history.” According to the attorney general, the Supreme Court, in its series of Guantánamo cases, “set itself up as the ultimate arbiter and superintendent of military decisions inherent in prosecuting a military conflict — decisions that lie at the very core of the president’s discretion as commander in chief.”

An attorney general doesn’t ordinarily get involved in the day-in, day-out work of the solicitor general’s office. I’m willing to speculate that Mr. Barr was at most only vaguely aware of the Thuraissigiam case until the court agreed to hear it. I’m guessing that at that point, he saw his opening — an opportunity to shackle the right of habeas corpus to a theory of originalism, as rigid as it is ahistorical, and to perhaps inspire some justices to take a fresh look back at Boumediene.

That brings to me the second factor that explains the turn the administration is taking. Both the St. Cyr and Boumediene cases were decided by votes of 5 to 4. (Justice Antonin Scalia’s dissenting opinion in Boumediene was memorable. “It will almost certainly cause Americans to die,” he predicted.) Justice Kennedy was in the majority in both. Now, of course, Justice Kavanaugh sits in Justice Kennedy’s seat.

In renewing my commitment to write about Guantánamo every year, I’m not limiting myself to once a year. This case has been overshadowed by pending Supreme Court cases on issues more central to the public conversation. But in their time, it was the Guantánamo cases that held the country in thrall. The current attorney general’s position notwithstanding, that series of decisions represents the best the Supreme Court has to offer the country, an assertion of principle beyond politics. The Trump administration’s advocacy having put that legacy on the line, the question now is whether it will be shredded like so much else in this troubled time.

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Recently, Chief Justice Roberts remarked on the importance of democratic institutions and judicial independence. 

Sadly, the Chiefie and his band of righty politico-judges that form the Supremes’ majority have been rather pathetic examples of how democratic institutions decay and die. With the exception of a rather meek rebuke of outrageous Trump regime fraud and contemptuous lies in the “Census Case,” Roberts and his band have been major contributors to the fecklessness and complicity of the higher level Article III judiciary when confronted by dishonesty and tyranny. 

They have eviscerated voting rights, green-lighted unconstitutional gerrymandering by the GOP to dilute voting power on the basis of race, approved a fraudulent “Muslim Ban” based on contrived reasons covering up an obvious invidious purpose, failed to halt unconstitutional immigration detention practices, and allowed the Administration to effectively repeal US and international asylum protections based on Executive action that contravenes both the statute and Constitutional Due Process.

Actions speak louder than words, Chiefie! Until you and your “go along to get along” GOP appointed colleagues act like real judges rather than appendages of right-wing politicos, you won’t get the respect that you seem to crave and believe you deserve. And, that’s why Trump Solicitor General Noel Francisco treats you and your colleague like “bought and paid for” political toadies, assigned to do his and his master’s bidding at the expense of our Constitution and the individual rights it was meant to protect.

There are courageous lawyers, judges, and bureaucrats out there putting themselves at risk to protect the democratic institutions and rule of law that you tout. Your complicity is undermining their efforts at every turn. Why don’t you and your colleagues wake up, smell the roses, and come to the aid and support of those doing your job of protecting American democracy for you?

PWS

01-03-19

MICHELLE GOLDBERG @ NYT: THE ANTIDOTE FOR “DEMOCRACY GRIEF”  — Don’t Get Depressed, Don’t “Tune Out” — Get Angry, Get Energized, Get Involved, Work For The Resistance, Join The New Due Process Army!

Michelle Goldberg
Michelle Goldberg
Opinion Writer
NY Times

\https://www.nytimes.com/2019/12/13/opinion/sunday/trump-democracy.html

. . . .

To those who recognize the Trump administration’s official lies as such, the scale of dishonesty can be destabilizing. It’s a psychic tax on the population, who must parse an avalanche of untruths to understand current events. “What’s going on in the government is so extreme, that people who have no history of overwhelming psychological trauma still feel crazed by this,” said Stephanie Engel, a psychiatrist in Cambridge, Mass., who said Trump comes up “very frequently” in her sessions.

Like several therapists I spoke to, Engel said she’s had to rethink how she practices, because she has no clinical distance from the things that are terrifying her patients. “If we continue to present a facade — that we know how to manage this ourselves, and we’re not worried about our grandchildren, or we’re not worried about how we’re going to live our lives if he wins the next election — we’re not doing our patients a service,” she said.

This kind of political suffering is uncomfortable to write about, because liberal misery is the raison d’être of the MAGA movement. When Trumpists mock their enemies for being “triggered,” it’s just a quasi-adult version of the playground bully’s jeer: “What are you going to do, cry?” Anyone who has ever been bullied knows how important it is, at that moment, to choke back tears. In truth, there are few bigger snowflakes than the stars of MAGA world. The Trumpist pundit Dan Bongino is currently suing The Daily Beast for $15 million, saying it inflicted “emotional distress and trauma, insult, anguish,” for writing that NRATV, the National Rifle Association’s now defunct online media arm, had “dropped” him when the show he hosted ended. Still, a movement fueled by sadism will delight in admissions that it has caused pain.

But despair is worth discussing, because it’s something that organizers and Democratic candidates should be addressing head on. Left to fester, it can lead to apathy and withdrawal. Channeled properly, it can fuel an uprising. I was relieved to hear that despite her sometimes overwhelming sense of civic sadness, Landsman’s activism hasn’t let up. She’s been spending a bit less than 20 hours a week on political organizing, and expects to go back to 40 or more after the holidays. “The only other option is to quit and accept it, and I’m not ready to go there yet,” she said. Democracy grief isn’t like regular grief. Acceptance isn’t how you move on from it. Acceptance is itself a kind of death.

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

Read the rest of Michelle’s column at the above link.

Join the New Due Process Army and fight to defend our nation, our democracy, and our human values against the malicious incompetence of Trump’s White Nationalist kakistocracy!

PWS

12-16-19

TOADY WATCH:  BILLY BARR ATTACKS AMERICA AND INSULTS JUSTICE IN HIS LATEST DISHONEST STUNT SUCKING UP TO TRUMP AT THE EXPENSE OF OUR NATION!

Katie Benner
Katie Benner
Justice Correspondent
NY Times

https://www.nytimes.com/2019/12/09/us/politics/barr-durham-ig-report-russia-investigation.html?action=click&module=Top%20Stories&pgtype=Homepage

Katie Benner reports for the NY Times:

WASHINGTON — Attorney General William P. Barr sharply criticized on Monday the F.B.I.’s decision to open the Russia investigation, undercutting a major finding in a long-awaited watchdog report and at the same time showing his willingness to act as President Trump’s vocal defender.

The report, by the Justice Department’s inspector general, Michael E. Horowitz, found that the F.B.I. had adequate reason in 2016 to open an investigation into the Trump campaign’s ties with Russia. Mr. Horowitz broadly rejected Mr. Trump’s accusations that F.B.I. officials conspired to sabotage his campaign, but Mr. Barr highlighted findings that underscored his and the president’s shared view that investigators were nonetheless overly invasive in scrutinizing people associated with a presidential campaign.

“The inspector general’s report now makes clear that the F.B.I. launched an intrusive investigation of a U.S. presidential campaign on the thinnest of suspicions that, in my view, were insufficient to justify the steps taken,” Mr. Barr said in a statement.

Sign Up for On Politics With Lisa Lerer

John H. Durham, a federal prosecutor whom Mr. Barr appointed to run a separate criminal investigation into the origins of the Russia investigation, backed Mr. Barr’s findings in his own highly unusual statement. “Last month, we advised the inspector general that we do not agree with some of the report’s conclusions as to predication and how the F.B.I. case was opened,” Mr. Durham said.Read the Inspector General’s Report on the Russia Investigation

The Justice Department’s inspector general released this report into the early stages of the F.B.I.’s Russia investigation.

The statements from the Justice Department’s top official and one of his key investigators gave Mr. Trump’s supporters ammunition to dispute one of the key findings in the long-awaited report by Mr. Horowitz that excoriated the F.B.I.’s handling of a wiretap application used in the early stages of its Russia investigation.

While the report was searing in its conclusion that the wiretap application process was marked with errors, it exonerated former bureau leaders of accusations by the president and his allies that Mr. Trump was the victim of a politicized conspiracy to sabotage his campaign and his presidency.

Mr. Horowitz concluded that the F.B.I. had sufficient evidence in July 2016 to lawfully open the investigation and to use informants. But he did note that the bureau’s standards were very low.

This is a developing story. Check back for updates.

Katie Benner covers the Justice Department. She was part of a team that won a Pulitzer Prize in 2018 for public service for reporting on workplace sexual harassment issues. @ktbenner

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

Billy is desperately trying to put Jeff “Gonzo Apocalypto” Sessions and “John the Con” Mitchell in the rearview mirror in the race to be the worst Attorney General in U.S. history!

PWS

12-09-19

DERANGED TRUMP WANTED TO MURDER & MAIM LAWFUL ASYLUM SEEKERS, WHILE AIDES COVERED UP FOR HIM RATHER THAN “BLOWING THE WHISTLE” — “Go Along To Get Along” Supremes & Appellate Courts Enabled & Encouraged Abuses By Failing To Take A Strong, Unified Position Against Trump’s Bogus “National Emergency,” Unconcealed Racial & Religious Bias Against Migrants, & Patently Evident Plans To Run Roughshod Over U.S. Constitution! — Aides Racing To Get Cost Estimates On Moats With Snakes & Alligators! — This Is Where The Dereliction Of Constitutional Duty By The GOP & The Roberts Court Has Gotten Us!

Michael D. Shear
Michael D. Shear
White House Reporter
NY Times
Julie Hirshfeld Davis
Julie Hirshfeld Davis
Congressional Reporter
NY Times

https://www.nytimes.com/2019/10/01/us/politics/trump-border-wars.html

Michael D. Shear and Julie Hirshfeld Davis report for the N.Y. Times:

WASHINGTON — The Oval Office meeting this past March began, as so many had, with President Trump fuming about migrants. But this time he had a solution. As White House advisers listened astonished, he ordered them to shut down the entire 2,000-mile border with Mexico — by noon the next day.

The advisers feared the president’s edict would trap American tourists in Mexico, strand children at schools on both sides of the border and create an economic meltdown in two countries. Yet they also knew how much the president’s zeal to stop immigration had sent him lurching for solutions, one more extreme than the next.

Privately, the president had often talked about fortifying a border wall with a water-filled trench, stocked with snakes or alligators, prompting aides to seek a cost estimate. He wanted the wall electrified, with spikes on top that could pierce human flesh. After publicly suggesting that soldiers shoot migrants if they threw rocks, the president backed off when his staff told him that was illegal. But later in a meeting, aides recalled, he suggested that they shoot migrants in the legs to slow them down. That’s not allowed either, they told him.

“The president was frustrated and I think he took that moment to hit the reset button,” said Thomas D. Homan, who had served as Mr. Trump’s acting director of Immigration and Customs Enforcement, recalling that week in March. “The president wanted it to be fixed quickly.”

Mr. Trump’s order to close the border was a decision point that touched off a frenzied week of presidential rages, round-the-clock staff panic and far more White House turmoil than was known at the time. By the end of the week, the seat-of-the-pants president had backed off his threat but had retaliated with the beginning of a purge of the aides who had tried to contain him.

Today, a s Mr. Trump is surrounded by advisers less willing to stand up to him, his threat to seal off the country from a flood of immigrants remains active. “I have absolute power to shut down the border,” he said in an interview this summer with The New York Times.

This article is based on interviews with more than a dozen White House and administration officials directly involved in the events of that week in March. They were granted anonymity to describe sensitive conversations with the president and top officials in the government.

In the Oval Office that March afternoon, a 30-minute meeting extended to more than two hours as Mr. Trump’s team tried desperately to placate him.

“You are making me look like an idiot!” Mr. Trump shouted, adding in a profanity, as multiple officials in the room described it. “I ran on this. It’s my issue.”

Among those in the room were Kirstjen Nielsen, the homeland security secretary at the time; Mike Pompeo, the secretary of state; Kevin K. McAleenan, the Customs and Border Protection chief at the time; and Stephen Miller, the White House aide who, more than anyone, had orchestrated Mr. Trump’s immigration agenda. Mick Mulvaney, the acting chief of staff was also there, along with Jared Kushner, the president’s son-in-law, and other senior staff.

Ms. Nielsen, a former aide to George W. Bush brought into the department by John F. Kelly, the president’s former chief of staff, was in a perilous position. She had always been viewed with suspicion by the president, who told aides she was “a Bushie,” and part of the “deep state” who once contributed to a group that supported Jeb Bush’s presidential campaign.

Mr. Trump had routinely berated Ms. Nielsen as ineffective and, worse — at least in his mind — not tough-looking enough. “Lou Dobbs hates you, Ann Coulter hates you, you’re making me look bad,” Mr. Trump would tell her, referring to the Fox Business Network host and the conservative commentator.

The happiest he had been with Ms. Nielsen was a few months earlier, when American border agents had fired tear gas into Mexico to try to stop migrants from crossing into the United States. Human rights organizations condemned the move, but Mr. Trump loved it. More often, though, she drew the president’s scorn.

That March day, he was furious at Mr. Pompeo, too, for having cut a deal with Mexico to allow the United States to reject some asylum seekers — a plan Mr. Trump said was clearly failing.

A complete shutdown of the border, Mr. Trump said, was the only way.

Ms. Nielsen had tried reasoning with the president on many occasions. When she stood up to him during a cabinet meeting the previous spring, he excoriated her and she almost resigned.

Now, she tried again to reason with him.

We can close the border, she told the president, but it’s not going to fix anything. People will still be permitted to claim asylum.

But Mr. Trump was unmoved. Even Mr. Kushner, who had developed relationships with Mexican officials and now sided with Ms. Nielsen, could not get through to him.

“All you care about is your friends in Mexico,” the president snapped, according to people in the room. “I’ve had it. I want it done at noon tomorrow.”

The Start of an Overhaul

The president’s advisers left the meeting in a near panic.

Every year more than $200 billion worth of American exports flow across the Mexican border. Closing it would wreak havoc on American farmers and automakers, among many others. Senator Mitch McConnell, Republican of Kentucky and the majority leader, said in an interview at the time that a border shutdown would have “a potentially catastrophic economic impact on our country.”

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That night, White House advisers succeeded in convincing the president to give them a reprieve, but only for a week, until the following Friday. That gave them very little time to change the president’s mind.

They started by pressuring their Mexican counterparts to rapidly increase apprehensions of migrants. Mr. Kushner and others in the West Wing showered the president with emails proving that the Mexicans had already started apprehending more migrants before they could enter the United States.

White House advisers encouraged a stream of corporate executives, Republican lawmakers and officials from the U.S. Chamber of Commerce to tell Mr. Trump how damaging a border closure would be.

Mr. Miller, meanwhile, saw an opportunity.

It was his view that the president needed to completely overhaul the Homeland Security Department and get rid of senior officials who he believed were thwarting efforts to block immigrants. Although many were the president’s handpicked aides, Mr. Miller told him they had become part of the problem by constantly citing legal hurdles.

Ms. Nielsen, who regularly found herself telling Mr. Trump why he couldn’t have what he wanted, was an obvious target. When the president demanded “flat black” paint on his border wall, she said it would cost an additional $1 million per mile. When he ordered wall construction sped up, she said they needed permission from property owners. Take the land, Mr. Trump would say, and let them sue us.

When Ms. Nielsen tried to get him to focus on something other than the border, the president grew impatient. During a briefing on the need for new legal authority to take down drones, Mr. Trump cut her off midsentence.

“Kirstjen, you didn’t hear me the first time, honey,” Mr. Trump said, according to two people familiar with the conversation. “Shoot ’em down. Sweetheart, just shoot ’em out of the sky, O.K.?”

But the problem went deeper than Ms. Nielsen, Mr. Miller believed. L. Francis Cissna, the head of the United States Citizenship and Immigration Services until earlier this year, regularly pushed back on Mr. Miller’s demand for a “culture change” at the agency, where Mr. Miller believed asylum officers were bleeding hearts, too quick to extend protections to immigrants.

They needed to start with the opposite point of view, Mr. Miller told him, and start turning people away.

John Mitnick, the homeland security general counsel who often raised legal concerns about Mr. Trump’s immigration policies, was also on Mr. Miller’s blacklist. Mr. Miller had also turned against Ronald D. Vitiello, a top official at Customs and Border Protection whom the president had nominated to lead Immigration and Customs Enforcement.

Image

By midweek, the campaign to change Mr. Trump’s mind about closing the border seemed to be working.

Maybe there’s another way to do this, the president told Ms. Nielsen. How about if I impose tariffs on the Mexicans, or threaten to impose tariffs? Tariffs are great.

But the staff worried that his retreat would only be temporary. The president never really let go of his obsessions.

They were right. On a trip to California late in the week, Mr. Trump turned to Mr. McAleenan, the Customs and Border Protection chief, with a new idea: He wanted him to stop letting migrants cross the border at all, with no exceptions. If you get into any trouble for it, Mr. Trump told him, I’ll pardon you.

The Turning Point

Once on the ground, Mr. Trump met up with Ms. Nielsen and worked a room filled with Border Patrol agents. Start turning away migrants at the border, he told them. My message to you is, keep them all out, the president said. Every single one of them. The country is full.

After the president left the room, Mr. McAleenan told the agents to ignore the president. You absolutely do not have the authority to stop processing migrants altogether, he warned.

As she and her staff flew back to Washington that Friday evening, Ms. Nielsen called the president. She knew he was angry with her.

“Sir, I know you’re really frustrated,” she told him. The president invited her to meet with him on Sunday in the White House residence.

Ms. Nielsen knew that Miller wanted her out, so she spent the flight huddled with aides on a strategy for getting control of the border, a Hail Mary pass. She called it the “Six C’s” — Congress, Courts, Communications, Countries, Criminals, Cartels.

Unbeknown to her, Ms. Nielsen’s staff started work on her letter of resignation.

When Ms. Nielsen presented her plan to Mr. Trump at the White House, he dismissed it and told her what he really needed was a cement wall.

“Sir,” she said, “I literally don’t think that’s even possible.” They couldn’t build that now even if it would work, which it wouldn’t, Ms. Nielsen told him. The designs for steel barriers had long since been finalized, the contracts bid and signed.

Image

The president responded that it was time for her to go, Mr. Trump recalled later. “Kirstjen, I want to make a change,” he said.

The president said he would wait a week to announce her resignation, to leave time for a transition. But before Ms. Nielsen had left the White House that day, the word was leaking out. By evening, Mr. Trump was tweeting about it.

“Secretary of Homeland Security Kirstjen Nielsen will be leaving her position,” Trump wrote, “and I would like to thank her for her service.”

The dismissal was a turning point for Mr. Trump’s immigration agenda, the start of the purge that ushered in a team that embraced Mr. Miller’s policies.

Mr. Trump quickly dismissed Claire M. Grady, the homeland security under secretary, and moved Mr. McAleenan to take Ms. Nielsen’s old job. Within two months, Mr. Cissna was out as well, replaced by Kenneth T. Cuccinelli II, a former Virginia attorney general and an immigration hard-liner.

On Aug. 12, Mr. Cuccinelli announced that the government would deny green cards for immigrants deemed likely to become “public charges.” Nine days later, Mr. McAleenan announced regulations to allow immigrant families to be detained indefinitely.

In the months since the purge, the president has repeated his threat of placing tariffs on Mexico to spur aggressive enforcement at the border. Mr. McAleenan and Mr. Cuccinelli have embraced restrictive asylum rules. And the Pentagon approved shifting $3.6 billion to build the wall.

Mr. Trump has continued to face resistance in the courts and public outrage about his immigration agenda. But the people who tried to restrain him have largely been replaced.

In the interview with The Times this past summer, Mr. Trump said he had seriously considered sealing the border during March, but acknowledged that doing so would have been “very severe.”

“The problem you have with the laws the way they are, we can have 100,000 of our soldiers standing up there — they can’t do a thing,” Mr. Trump said ruefully.

This article is adapted from “Border Wars: Inside Trump’s Assault on Immigration,” to be published by Simon & Schuster on Oct. 8.

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

Trump’s inherent dishonesty and lack of credibility are well established. His ham-handed attacks on the rule of law and the Constitution are obvious even to non-lawyers. So, what’s the excuse for the Supremes in the Travel Ban Cases & East Side Sanctuary Covenant and the Ninth Circuit in Innovation Law Labs? None, that I can see!

Trump is a dangerous and cruel lunatic, being appeased, enabled, and coddled by corrupt and immoral GOP legislators, a feckless and spineless Supreme Court, and cowardly, immoral aides who try to please an “off the rails” Mafia boss rather than blowing the whistle on the horrors of the Trump White House and the endless illegal schemes, gimmicks, abuses of Government authority, and, frankly, “crimes against humanity” being plotted there.

Failing to stand up to, expose, and publicly oppose Trump has potentially fatal consequences. Two branches of Government have failed. That’s where we need leadership and courage from the Supremes. So far, they have flunked the test — miserably!

PWS

10-02-19

HOW CORRUPT? — Billy “The Smirking Sycophant” Barr Aiming To Overtake “Gonzo Apocalypto” Sessions & “John The Con” Mitchell As Most Lawless & Corrupt AG In My Lifetime! — Federal Courts Share Blame For Deterioration Of Ethical Standards! — Judicial Complicity Has Real Life Consequences!

Michelle Goldberg
Michelle Goldberg
Opinion Writer
NY Times

https://www.nytimes.com/interactive/2019/09/26/opinion/trump-william-barr.html

Michelle Goldberg writes in the NY Times:

Just How Corrupt Is Bill Barr?

By Michelle Goldberg

Opinion Columnist

SEPT. 26, 2019

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By now you have probably read the opening of the whistle-blower complaint filed by a member of the intelligence community accusing Donald Trump of manipulating American foreign policy for political gain. But the whistle-blower’s stark, straightforward account of stupefying treachery deserves to be repeated as often as possible.

“In the course of my official duties, I have received information from multiple U.S. government officials that the president of the United States is using the power of his office to solicit interference from a foreign country in the 2020 U.S. election,” the whistle-blower wrote. “This interference includes, among other things, pressuring a foreign country to investigate one of the president’s main domestic political rivals. The president’s personal lawyer, Mr. Rudolph Giuliani, is a central figure in this effort. Attorney General Barr appears to be involved as well.”

. . . . The whistle-blower’s complaint was deemed credible and urgent by Michael Atkinson, Trump’s own intelligence community inspector general, but Bill Barr’s Justice Department suppressed it. The Justice Department’s Office of Legal Counsel issued an opinion saying that the complaint needn’t be turned over to Congress, as the whistle-blower statute instructs. When Atkinson made a criminal referral to the Justice Department, it reportedly didn’t even open an investigation. And all the time, Barr was named in the complaint that his office was covering up.

Under any conceivable ethical standard, Barr should have recused himself. But ethical standards, perhaps needless to say, mean nothing in this administration.

In the Ukraine scandal, evidence of comprehensive corruption goes far beyond Trump. Former prosecutors have said that Rudy Giuliani, Trump’s personal attorney, may have been part of a criminal conspiracy when he pressed Ukrainian officials to open an investigation into Joe Biden and his son, Hunter. Vice President Mike Pence is also tied to the shakedown of Ukraine’s president, Volodymyr Zelensky, having met with him this month to talk about “corruption” and American financial aid. When this administration complains about Ukrainian “corruption,” it almost inevitably means a failure to corruptly pursue investigations that would bolster conspiracy theories benefiting Trump.

The whistle-blower wrote that White House officials moved a word-for-word transcript of Trump’s phone call with Zelensky from the computer system where such transcripts were typically kept into a separate system for the most highly classified information. “According to White House officials I spoke with, this was ‘not the first time’ under this administration that a presidential transcript was placed into this codeword-level system solely for the purpose of protecting politically sensitive — rather than national security sensitive — information,” the whistle-blower said.

According to Stephen Gillers, a professor of legal ethics at New York University School of Law, any lawyers involved in hiding these transcripts might have done something illegal. “The rule is it is both unethical and a crime for a lawyer to participate in altering, destroying or concealing a document, and here the allegation is that the word-for-word transcript was moved from the place where people ordinarily would think to look for it, to a place where it would not likely be found,” said Gillers. “That’s concealing.”

Then there’s Barr’s personal involvement in the Ukraine plot. In the reconstruction of Trump’s call with Zelensky that was released by the White House, Trump repeatedly said that he wanted Ukraine’s government to work with Barr on investigating the Bidens. Barr’s office insists that the president hasn’t spoken to Barr about the subject, but given the attorney general’s record of flagrant dishonesty — including his attempts to mislead the public about the contents of the Mueller report — there’s no reason to believe him. Besides, said Representative Jamie Raskin, a former constitutional law professor who now sits on the House Judiciary Committee, “the effort to suppress the existence of the phone conversation itself is an obvious obstruction of justice.”

But Barr’s refusal to recuse creates a sort of legal cul-de-sac. It’s only the Justice Department, ultimately, that can prosecute potential federal crimes arising from this scandal. Barr’s ethical nihilism, his utter indifference to ordinary norms of professional behavior, means that he’s retaining the authority to stop investigations into crimes he may have participated in.

“The administration of justice is cornered because the ultimate executive authority for that government role includes the people whose behavior is suspect,” said Gillers.

That makes the impeachment proceedings in the House, where Barr will likely be called as a witness, the last defense against complete administration lawlessness. “Just as the president is not above the law, the attorney general is not above the law,” said Raskin. “The president’s betrayal of his oath of office and the Constitution is the primary offense here, and we need to stay focused on that, but the attorney general’s prostitution of the Department of Justice for the president’s political agenda has been necessary to the president’s schemes and he will face his own reckoning.”

I hope Raskin is right. But until that day comes, people who care about the rule of law in this country should be screaming for Barr’s recusal, even if he won’t listen. He is now wrapped up in one of the gravest scandals in American political history. Can America’s chief law enforcement officer really be allowed to decide whether to criminally investigate misdeeds he might have helped to commit or to conceal? The answer will tell us just how crooked the justice system under Trump has become.

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Another serious transgression: This shockingly biased and corrupt Trump political toady is literally running the U.S. Immigration Courts into the ground while neither Congress nor the Article IIIs have the guts to require that migrants receive the “fair and impartial” adjudications to which they are entitled under the Due Process Clause of our Constitution.

Sure, Billy Barr is “the pits!” But those in Congress and the Article IIIs who are “letting him get away with murder” are equally to blame. Bullies like Barr take advantage of the “go along to get along” cowardice of those charged with holding them accountable.

Another example of how Barr’s DOJ has become an “ethics free zone:” Yesterday, before Judge Dolly Gee in the Flores litigation Barr’s DOJ lawyer August Flentje presented a totally disingenuous position. 

“How can you as officer of the court tell me that the regulations are not inconsistent with the settlement agreement?” the judge asked a Justice Department lawyer. “Just because you tell me it is night outside does not mean it is not day.”

https://www.nytimes.com/2019/09/27/us/migrant-children-flores-court.html?smid=nytcore-ios-share

But in the end, even Judge Gee, no “shrinking violet,” merely expressed her displeasure and ruled against the DOJ.

Why weren’t Flentje and his supervisors, all the way up to Barr, referred to their respective state bars for ethical violations and knowingly trying to mislead the court by presenting a frivolous “defense?”  Would private counsel’s dishonesty before the court have been treated as leniently? At one time DOJ lawyers were expected to have higher ethical standards than the minimum. Now they have become ethical scofflaws. 

But, as long as Federal Courts are unwilling to hold Barr & company ethically  accountable, the dishonesty and disrespect for the system will continue to grow. When the Article IIIs find themselves in the middle of a morass of frivolous litigation and outright lies presented by the DOJ, they will have only themselves to blame for the deterioration of civility and ethical standards.

Indeed, the Supremes’ own shameful performance in Barr v. East Side Sanctuary Covenant, where they allowed the Solicitor General to unethically “short circuit the system,” dissolved a proper stay issued by a U.S. District Judge, and allowed an unconstitutional, illegal, not to mention immoral, program of racially targeted elimination of asylum opportunities sends a strong signal that the Supreme themselves have become part of the “ethics free zone.” Trump and Barr  and their sycophantic subordinates have taken  notice.

Chief Justice John Roberts might disingenuously moan the loss of civility and the dysfunction in the Legislative and Executive Branches. But, fact is, his Court’s unwillingness to fulfill their oaths of office by enforcing the Constitution and standing up for the rule of law by reinforcing it against Trump’s arrogant overreach is a major part of the problem. He and his spineless Supremes’ majority have essentially left America defenseless against the tyranny and corruption of Trump, Barr, and company.

And, as asylum applicants are abused, human lives are ruined, the Immigration Courts dissolve, and Trump’s betrayal of our nation unfolds each day, we see that there are “real life consequences” to the Supremes’ complicity.

09-28-19

THE UN-AMERICANS: Under Trump & His Neo-Nazi Lieutenant Stephen Miller, Our Nation Projects The Ugliest Side Of History: “The Trump administration has systematically acted to bar as many refugees and asylum seekers as possible, virtually from its first day, supplanting America’s traditional welcome to the world’s desperate people with a spirit of xenophobia and bigotry.”

https://www.nytimes.com/2019/09/27/opinion/editorials/trump-refugees.html

From The NY Times Editorial Board:

President Trump’s latest assault on immigration, cutting the number of refugees accepted to a mere 18,000 from 30,000 last year, is better than the complete ban that some of his aides were seeking. But looking at mere numbers misses the point.

This is the administration’s latest message to anyone dreaming of a freer life in America: that they should just stay away. The Trump administration has systematically acted to bar as many refugees and asylum seekers as possible, virtually from its first day, supplanting America’s traditional welcome to the world’s desperate people with a spirit of xenophobia and bigotry.

Led by Stephen Miller, a zealot who has planted lieutenants throughout the government, the Trump White House has made its anti-immigration campaign something akin to a crusade, with “the wall” along the Mexican border as its symbol.

The administration has tried to scare away Central Americans by separating children from their parents when families arrive at the border seeking asylum; it threatened to end “temporary protected status” for people escaping natural and other disasters in a number of countries, including Haiti, Nicaragua and Sudan; it suspended the Deferred Action for Childhood Arrivals program, which let undocumented immigrants who arrived here as children stay and work; it has dramatically deported immigrants without regard for their ties to family and community; and it has enacted a system that would prevent migrants from seeking asylum if they passed through another country without first seeking asylum there.

Any question about the mind-set guiding the administration should have been put to rest by President Trump’s icy explanation to reporters earlier this month for why he was barring residents of the hurricane-battered Bahamas from taking refuge in the United States.

“I don’t want to allow people that weren’t supposed to be in the Bahamas to come into the United States, including some very bad people and some very bad gang members, and some very, very bad drug dealers,” he said. He offered not a shred of proof of any such danger, while the shattering evidence of Bahamians’ needs still lies everywhere.

The limit announced by the State Department on Thursday is far below the 110,000 refugees a year that President Barack Obama said in 2016 should be let in. Most of the 18,000 slots, moreover, are already filled by Iraqis who worked with the American military, victims of religious persecution and some Central Americans. That would leave only 7,500 slots for families seeking unification, like parents of Rohingya children who have already been admitted.

The proffered reason for the cut was the huge backlog in immigration courts as the number of people seeking asylum is expected to reach 350,000. Most refugees trying to enter the United States, though, have already been cleared. So it’s not immediately clear how lowering the annual limit will help ease the backlog.

There are enormous backlogs, and the United States cannot let in everyone who wants to come. But the severity of the cutbacks makes clear that the administration’s rationale hides its real motive: to score political points with a base of voters fearful of immigration by seeming to keep out as many people as possible.

This shortsighted politicking denies a fundamental virtue — and key advantage — of America’s democracy: that it is a land of immigrants and refugees. It ignores the contributions of immigrants to the greatness of the United States.

There is no sensible argument for opening the borders to everyone. Any refugee or asylum program needs a solid vetting process. But Mr. Trump’s approach is not the answer. Congress should have stepped in long ago with serious immigration reform. But that failure is no reason for Americans to be taken in by Mr. Trump’s fear-mongering and evasive explanations.

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

The New Due Process Army is out there courageously standing up against racist cowards like Trump, Miller, “Cooch Cooch,” and their sycophantic minions like “Big Mac With Lies,” Matt Albence, and the totally corrupt and immoral Billy Barr!

Due Process Forever — Trump, Miller, & Their Corrupt Cronies, Never!

Go New Due Process Army!

 

PWS

09-28-19

“I’M HENRY VIII, I AM, HENRY VIII, I AM, I AM” – Unhinged Trump Confuses Himself With The State, Threatens “Whistleblower” Sources With Treason – Will “Drawing & Quartering” Be Next? — Audience “Stunned” By Latest Evidence Of Unfitness for Office!

 

I’m Henry VIII

Herman’s Hermits

I’m Henry the eighth I am
Henry the eighth I am, I am
I got married to the widow next door
She’s been married seven times before

And every one was an Henry (Henry)
She wouldn’t have a Willy or a Sam (no Sam)
I’m her eighth old man, I’m Henry
Henry the eighth I am

Second verse same as the first

I’m Henry the eighth I am
Henry the eighth I am, I am
I got married to the widow next door
She’s been married seven times before

And every one was an Henry (Henry)
She wouldn’t have a Willy or a Sam (no Sam)
I’m her eighth old man, I’m Henry
Henry the eighth I am

I’m Henry the eighth I am
Henry the eighth I am, I am
I got…

 

Source: LyricFind

 

Maggie Haberman
Maggie Haberman
White House Correspondent
NY Times
Henry VIII
Henry VIII
Former King, England
Executed Those Who Wouldn’t Swear Personal Allegiance

https://www.nytimes.com/2019/09/26/us/politics/trump-whistle-blower-spy.html?smid=nytcore-ios-share

 

Maggie Haberman reports for the NY Times:

 

By Maggie Haberman

President Trump told a crowd of staff from the United States Mission to the United Nations on Thursday morning that he wants to know who provided information to a whistle-blowerabout his phone call with the president of Ukraine, saying that whoever did so was “close to a spy” and that “in the old days,” spies were dealt with differently.

The remark stunned people in the audience, according to a person briefed on what took place, who had notes of what the president said. Mr. Trump made the statement several minutes into his remarks before the group of about 50 mission employees and their families at the event intended to honor the mission. At the outset, he condemned the former Vice President Joseph R. Biden Jr.’s role in Ukraine at a time when his son Hunter Biden was on the board of a Ukrainian energy company.

Mr. Trump repeatedly referred to the whistle-blower and condemned the news media reporting on the complaint as “crooked.” He then said the whistle-blower never heard the call in question.

“I want to know who’s the person who gave the whistle-blower the information because that’s close to a spy,” Mr. Trump said. “You know what we used to do in the old days when we were smart with spies and treason, right? We used to handle it a little differently than we do now.”

The complaint, which was made public on Thursday morning, said the whistle-blower obtained information about the call from multiple United States officials.

“Over the past four months, more than half a dozen U.S. officials have informed me of various facts related to this effort,” the complaint stated. It described concerns that the president was using his phone call with the Ukrainian president for personal gain to fulfill a political vendetta.

Full Document: The Whistle-Blower Complaint

The complaint filed by an intelligence officer about President Trump’s interactions with the leader of Ukraine.

 

Some in the crowd laughed, the person briefed on what took place said. The event was closed to reporters, and during his remarks, the president called the news media “scum” in addition to labeling them crooked.

The ambassador to the United Nations, Kelly Knight Craft, was in the room.

A White House spokesman did not immediately respond to a request for comment.

An intelligence whistle-blower law protects intelligence officials from reprisal — like losing their security clearance or being demoted or fired — as long as they follow a certain process for bringing allegations of wrongdoing to the attention of oversight authorities.

The whistle-blower followed that process — filing a complaint with the inspector general for the intelligence community. The Trump Justice Department later proclaimed that the information the whistle-blower put forward did not qualify under the intelligence whistle-blower law, raising the question of whether the official was still protected from reprisal. The acting director of national intelligence, Joseph Maguire, has said he would not permit the official to suffer retaliation, but the inspector general has pointed out that this personal assurance is not a legal shield.

Moreover, whistle-blower laws are aimed at channeling complaints to certain officials with oversight responsibilities — Congress, supervisors or inspectors general — and do not protect officials who provide information to other people without authorization. For that reason, these laws almost certainly do not protect the officials who told the whistle-blower about the call in the first place.

Mr. Trump spoke as the director of the Office of the Director of National Intelligence was testifying before Congress that the president had never asked for the identity of the whistle-blower, whose complaint was initially withheld from Congress by the Trump administration.

At a fund-raiser at Cipriani 42nd Street in Manhattan immediately after the United Nations event, Mr. Trump walked out before the crowd of several hundred donors clutching paper in one of his hands and said, “This is the call.” He then said it was “the greatest thing” to happen to the Republican Party because they had raised so much money off the controversy.

In a Twitter post later in the day, Mr. Trump referred again to the whistle-blower having “second hand information” and called the inquiry “Another Witch Hunt!”

Editors’ Picks

 

Charlie Savage contributed reporting.

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

Those of us who have been saying for some time now that Trump’s conduct makes him a “clear and present danger” to the continued existence of our nation have been proved right again. Not, of course, that it means that Trump, with lots of help from the GOP and complicit courts, won’t succeed in destroying American democracy. Democracy is “on the ropes” while Trump is still in office.

What would Thomas More, former Lord High Chancellor of England, say about Trump’s rhetoric? More was famously executed in 1535 for refusing to recognize Henry VIII as the head of the Church in England.

In a time where Trump, Barr, McAleenan, Mulvaney, Pence, Graham, McConnell, Pompeo, the majority of the Supremes, and many others illustrate the complete absence of integrity and ethics in Government, the “Whistleblower” reminds us that there still are are some persons of integrity left in our Government. Sadly, they appear to be an “endangered species.”

Voters have a chance to save our nation by throwing Trump and his GOP scoundrels out of office, at every level, in 2020. Whether they are “up to the task” or not remains to be seen.

 

PWS

09-26-19

 

 

 

WHERE “JUSTICE” IS A CRUEL FARCE: As Career Officials Continue To Flee Or Be Thrown Off The Ship, Restrictionists Tighten Political Control Over Immigration “Courts” — Institutions Created To Insure Due Process Now Being Weaponized To Eradicate It, As Congress & Article IIIs Shirk Their Constitutional Duties!

Katie Benner
Katie Benner
Justice Correspondent
NY Times

https://www.nytimes.com/2019/09/13/us/politics/immigration-courts-judge.html

Katie Benner writes in The NY Times:

By Katie Benner

  • Sept. 13, 2019

WASHINGTON — The nation’s immigration judges lost a key leader this week, the latest in a string of departures at the top of the system amid a backlog of cases and a migrant crisis at the southwestern border.

The official, David Neal, said that he would retire from his position as head of the judges’ appeals board effective Saturday. “With a heavy heart, I have decided to retire from government service,” Mr. Neal wrote in a letter sent to the board Thursday and obtained by The New York Times.

He gave no reason for his abrupt departure and asked his colleagues to “keep true to your commitment to fairness and justice.”

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No replacement has been announced, and a Justice Department spokesman declined to comment, citing a policy to not do so on personnel matters.

Mr. Neal’s decision follows a shake-up at the Executive Office for Immigration Review, the court system that adjudicates the country’s immigration cases, including asylum cases. It is part of the Justice Department, not the judicial branch.

Three of its senior career officials — MaryBeth T. Keller, the chief immigration judge; Jean King, the general counsel; and Katherine H. Reilly, the deputy director — all left their roles this summer. Ms. King stayed at the immigration office in a different post.

Mr. Neal’s departure also comes amid the backdrop of the Trump administration’s efforts to curb both illegal and legal immigration, which have taxed the immigration courts, the criminal courts and border patrols along the nation’s southwestern border and prompted long-running discontent among immigration judges that they are being used to expedite deportations.

As Mr. Trump has sought to suppress immigration and cut down on the number of people who claim asylum in the United States, he has notched two wins at the Supreme Court.

On Wednesday, justices said in an unsigned order that amid an ongoing legal battle, the administration could bar most Central American migrants from seeking asylum in the United States if they passed through another country and were not denied asylum there. That decision will allow the administration to effectively bar migration across the southwestern border by Hondurans, Salvadorans, Guatemalans and others who must travel through other countries to get to the United States.

And in July, the Supreme Court said that the Trump administration could use $2.5 billion in Pentagon money to build a barrier along the border with Mexico, which would help Mr. Trump fulfill a campaign promise to build a wall on the border to stop immigration.

Amid these hard-line policies, a vocal group of immigration judges — part of the larger total of about 400 judges and appeals judges — have been at loggerheads with the Trump administration for more than a year.

Leaders of the judges’ union have pushed back against the imposition of quotas that they have said would expedite deportations at the expense of due process. Under former Attorney General Jeff Sessions, they accused the Justice Department of trying to turn the immigration courts into a deportation machine.

Mr. Sessions treated the judges “like immigration officers, not judges,” said Paul Schmidt, a former judge in the immigration courts.

Some judges have also bristled at a recent Justice Department decision that handed over the power to rule on appeals cases to the director of the office, a political appointee. The judges saw the move as an attempt to undermine their authority.

That decision also directly impacted Mr. Neal, demoting him “in practice,” by transferring his authority to decide appeals cases to the director of the office, said Ashley Tabbador, the president of the union that represents immigration judges.

“This regulation upends the entire system created to decide these cases,” Ms. Tabbador said. Should the new system run into problems, “the chairman would have been held accountable. I would have quit, too, if I were in David’s position.”

Though they are part of the Justice Department, many immigration judges view themselves as independent arbiters of the law and believe they must act within the confines of existing immigration statutes.

They have long deliberated over whether they should be part of the Justice Department — a debate that has intensified under President Trump.

Last month, tensions increased when a daily briefing that is distributed to federal immigration judges contained a link to a blog post that included an anti-Semitic reference and came from a website that regularly publishes white nationalists.

After the episode, the immigration review office said that it would stop sending the daily briefing and would not renew its contract with the service that provided it.

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

The farce taking place as the Trump DOJ politicos “remake” the Immigration Courts into a tool of DHS enforcement and repression of Due Process and fundamental fairness will go down as one of the darkest and most disturbing episodes in American legal history. 

The inability or unwillingness of the other two branches of Government, Congress and the Article III Judiciary, to intervene and fulfill their Constitutional duties of protecting Due Process, fundamental fairness, equal protection, First Amendment rights of union members, and separation of powers show a catastrophic failure of American institutions that are charged with protecting and advancing all of our rights.

In the end, nobody including Trump’s tone-deaf supporters and enablers, will escape the adverse consequences of giving in to White Nationalist authoritarianism.

PWS

09-15-19

BRET STEPHENS @ NYT: “Blessed Are The Refugees” — Damned Be Trump & His Cowardly Group Of Refugee Abusers & Their Enablers!

 

Bret Stephens
Bret Stephens
Opinion Columnist
NY Times

https://www.nytimes.com/2019/09/13/opinion/refugees-trump-america.html

A woman and her young daughter, no older than 6 or 7, are shopping for groceries in a corner store of a bombed-out city. It’s sometime around 1947. The war is over, the Germans are gone, the Gestapo is no longer hunting Jews. Some of their local henchmen have been imprisoned or shot. Many just took off their uniforms and returned to their former lives.

The mother speaks with the trace of a foreign accent. As she reaches for her wallet to pay, the grocer says: “Why don’t you people go back to where you came from?”

Where, precisely, would that even be? The woman had fled Moscow for Berlin as a girl, after the Bolsheviks came to power in 1917 and arrested her father, who was never to be heard from again. Later, when still in her twenties, she had fled Berlin for Milan, sometime between Hitler’s coming to power in 1933 and Mussolini’s enactment of the racial laws in 1938.

 

She and her daughter were citizens of no country, living under a made-up name. They had nowhere to return, no place to go, no way to stay, and nothing they could do about any of it. To go back to the Soviet Union would have been suicidal. Israel did not yet exist. Germany was out of the question. America’s doors were mostly shut.

This was the life of a refugee in postwar, pre-reconstructed Europe. It changed dramatically the following year, when Harry Truman signed the Displaced Persons Act, marking the first time that U.S. immigration policy became actively sympathetic to the utterly dispossessed.

Thanks to the law, mother and daughter arrived in New York on Nov. 13, 1950, with only $7 between them, but without the weight of fear on their backs.

What Truman did became precedent for decisions by subsequent administrations to admit other refugees: Some 40,000 Hungarians fleeing Soviet tanks after 1956 (including a young Andy Grove, later the C.E.O. of Intel); hundreds of thousands of Cubans fleeing Castro’s repression after 1959 (including a young Gloria Estefan); as many as 750,000 Soviet Jews fleeing persecution by a succession of Kremlin despots (including a young Sergey Brin).

There were so many others. More than a million Vietnamese, Laotians and Cambodians after the fall of Saigon. Hundreds of thousands of Iranians after Khomeini’s revolution. Over 100,000 Iraqis since the fall of Saddam Hussein. Similar numbers of Burmese. Altogether, some three million refugees have been welcomed by the U.S. since the Refugee Act of 1980, more than by any other country.

By almost any metric, America’s refugees tend to succeed, or at least their children do. Whatever they do to enrich themselves, they enrich the country a great deal more. Empirical data on immigrant success overwhelmingly confirm what common sense makes plain. People who have known tyranny tend to make the most of liberty. People who have experienced desperation usually make the most of opportunity. It’s mainly those born to freedom who have the knack for squandering it.

But beyond the material question of enrichment is the spiritual one of ennoblement. Of what can Americans be more proud than that we so often opened our doors to those for whom every other door was shut?

All of which makes this a moment of unique shame for the United States.

The Trump administration has made no secret of its xenophobia from its first days in office. The number of refugees arriving in the country plummeted from around 97,000 in 2016 to 23,000 in 2018. Last week, The Times reported that the White House was considering options to cut the numbers again by half, and perhaps even bring it down to zero.

As if to underscore the spirit of cruelty, the administration also declined to grant temporary protected status to Bahamians devastated by Hurricane Dorian. And the Supreme Court issued an order allowing for a new rule that effectively denies asylum protections for refugees arriving through a third country — a victory for executive authority when that authority is in the worst possible hands.

Critics of this column will almost certainly complain that the United States can’t possibly take everyone in — a dishonest argument since hardly anyone argues for taking in “everyone,” and a foolish argument since America will almost inevitably decline without a healthy intake of immigrants to make up for a falling birthrate.

Critics will also claim that “very bad people,” as Donald Trump likes to say, might take advantage of a generous asylum and refugee policy. Here again I’m aware of nobody advocating a “let-the-terrorists-come-too” immigration policy. Only a person incapable of kindness — a person like the president — can think that kindness and vigilance are incompatible, or that generosity is for suckers.

The mother and daughter whose story I told at the beginning of this column are, as you might have guessed, my own grandmother and mother. I thank God it was Harry Truman, not Donald Trump, who led America when they had nowhere else to turn.

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

There will be no America if Trumpism prevails, Bret.

PWS

09-14-19