“ANONYMOUS” NEW BOOK PAINTS TRUMP AS “MALICIOUS INCOMPETENT,” MISOGYNIST, RACIST!

 

Who knows about the merits of an “anonymous” exposé. But, in Philip Rucker’s report for the WashPost, the excerpts about Trump’s intentionally cruel, ignorant, misogynistic, racist, White Nationalist approach certainly ring true:

 

The book depicts Trump as making misogynistic and racist comments behind the scenes.

“I’ve sat and listened in uncomfortable silence as he talks about a woman’s appearance or performance,” the author writes. “He comments on makeup. He makes jokes about weight. He critiques clothing. He questions the toughness of women in and around his orbit. He uses words like ‘sweetie’ and ‘honey’ to address accomplished professionals. This is precisely the way a boss shouldn’t act in the work environment.”

The author alleges that Trump attempted a Hispanic accent during an Oval Office meeting to complain about migrants crossing the U.S.-Mexico border.

“We get these women coming in with like seven children,” Trump said, according to the book. “They are saying, ‘Oh, please help! My husband left me!’ They are useless. They don’t do anything for our country. At least if they came in with a husband we could put him in the fields to pick corn or something.”

The author argues that Trump is incapable of leading the United States through a monumental international crisis, describing how he tunes out intelligence and national security briefings and theorizing that foreign adversaries see him as “a simplistic pushover” who is susceptible to flattery and easily manipulated.

 

Here’s link to Rucker’s complete article:

 

https://www.washingtonpost.com/politics/book-by-anonymous-describes-trump-as-cruel-inept-and-a-danger-to-the-nation/2019/11/07/b6b6c6f2-0150-11ea-8bab-0fc209e065a8_story.html

Phillip Rucker
Phillip Rucker
White House Bureau Chief
Washington Post

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

My observation: While the book claims that senior officials decided not to “resign en masse” because it would have further destabilized the Government, how could things be much worse than they are now? We could still have a national emergency at any moment that Trump will screw up, not to mention that Trump is busy undermining our democracy, dividing our country, and selling out our national security. If the account is true, then I think that “anonymous & co.” did our country a huge, perhaps fatal, disservice by not going through with the en masse resignation and publicly sharing all that they knew about Trump’s glaring unsuitability for office.

Yeah, I suppose a recession would make things “even worse.” That we haven’t had one yet probably just shows that the economy operates to a large extent beyond Presidential control. And, it’s a sure bet that if we do have a downturn, Trump and his band of incompetents won’t have any idea how to handle it, beyond the “strategy” of blaming someone else.

It’s also remarkable that an Administration known for its paranoia can’t find “the leaker in their midst.”

Overall, by not coming forward and publicly revealing him or herself, “Anonymous” reduces his or her credibility and undermines the message of dire warning.

On the other hand, it’s hardly “breaking news” that Trump is a malicious incompetent and those around him are his “toady enablers.”

PWS

11-08-19

KIRSTJEN NIELSEN’S “REINVENTION” AS A “POWERFUL WOMAN” SHOWS THAT CRUELTY, INHUMANITY, & INTELLECTUAL DISHONESTY AREN’T “JUST FOR MEN ONLY” – Ambitious, Amoral “Girl” Shows How To Penetrate The “Good Ol’ Boys’ Network” @ DHS, Destroy Lots Of Innocent Lives, Get On TV!

Monica Hesse
Monica Hesse
Author &
Columnist
Washington Post

https://www.washingtonpost.com/lifestyle/style/whats-the-point-of-a-most-powerful-women-summit-if-kirstjen-nielsen-is-one-of-them/2019/10/23/e3c5d80a-f5a6-11e9-8cf0-4cc99f74d127_story.html

 

Monica Hesse writes in the Washington Post:

 

Oct. 23, 2019 at 4:58 p.m. EDT

Fortune magazine’s Most Powerful Women Summit is the kind of event where you can’t walk 20 steps without being handed the business card of another Powerful Woman, who you know paid $13,500 to be there, because that is the membership fee you would have paid, too, if you were an attendee at Fortune magazine’s Most Powerful Women Summit.Hillary Clinton was supposed to be a featured speaker at the conference in Washington this week, but then she backed out, partly because former homeland security chief Kirstjen Nielsen, enforcer of the Trump administration’s loathsome child separation policy, was also speaking. Incidentally, so was Rep. Tulsi Gabbard, the Hawaii Democrat whom Clinton had just called a “favorite of Russians” in the 2020 race, prompting Gabbard to accuse Clinton of being “the queen of warmongers, embodiment of corruption, and personification of the rot that has sickened the Democratic Party for so long.”

Anyway, I decided to go.

Held at the posh Mandarin Oriental hotel, Fortune’s conference is the kind of event where the seminars have titles like, “Co-Opetition: From Competition to Cooperation,” and where the hallways are lined with pressed-juice stands, and pop-up Dior counters providing mini-makeovers, and many, many advertisements for M.M. LaFleur, which is a clothing brand you never need know exists unless you reach a certain age and income level, at which point its logo will stalk you on Facebook. “M.M. LaFleur Live with Purpose. Dress with Ease.”

Wandering around on Monday and Tuesday (using a press pass, not my life savings), I caught sessions featuring congresswomen Elise Stefanik (R-N.Y.) and Elissa Slotkin (D-Mich.), Old Navy CEO Sonia Syngal and feminist icon Anita Hill. The COO of Rothy’s shoes was there, talking about how to build a viral brand, and so were dozen of audience members wearing Rothy’s shoes — evidence that the COO knows of what she speaks — and I am not going to lie, I was wearing Rothy’s, too.

The summit is one of those why-the-hell-not events, is what I’m saying. As in, Icertainly wouldn’t pay for it, but if you want to, go ahead. It’s no weirder than many manly conferences with booths showcasing the latest golf club technology. It’s Goop, but with its feet rooted more on the ground.

Except then, abruptly, it wasn’t. Because Anita Hill finished her Q&A, and the audience members ate our fancy “Networking Lunch,” and then suddenly it was Kirstjen Nielsen on the brightly lit ballroom stage, determinedly dodging every question posed to her by “PBS NewsHour’s” Amna Nawaz.

“I don’t regret enforcing the law because I took an oath to do that,” she said, after Nawaz repeatedly pressed her on whether she regretted signing the memo that greenlighted removing children from their parents at the Mexican border.

Nielsen insisted that she “spoke truth to power from the very beginning” of her tenure, and resigned when it became clear that “saying no” wasn’t enough. But then when Nawaz pointed out that Nielsen had just accepted another position with the administration, on the National Infrastructure Advisory Council, Nielsen defended the move: “Are you telling every CEO in here that they should never advise the government?” she asked incredulously.

Nielsen’s interview was over within 15 minutes, and then an event moderator appeared onstage and solemnly addressed the audience: “I know that was intense, and I just want to acknowledge that.”

And then I left the auditorium to get a mango-citrus juice and a perfume spritz and think about Powerful Women.

There’s no doubt that Nielsen is powerful; even before joining Homeland Security, she’d been one of the highest-ranking women in the White House. There’s no doubt that she’s a woman; in public appearances she plays up a traditionally womanly appearance with makeup and high heels.

Those were the basic qualifications for an invitation — but should they have been the only ones? When we talk about “Powerful Women,” should we applaud a woman who used her considerable power to make life difficult for the most powerless among us?

Fortune had titled Nielsen’s session “Hard Questions,” and the questions were appropriately pointed: Nobody tossed her softballs about how she balances work and home life, or how she shoehorns in “me” time. Nobody could have grilled Nielsen harder than Nawaz did, or tried to.

But her presence was so incongruous to the rest of the event — an innocuous, if privileged brand of go-get-’em corporate feminism — that it called into question why we were in that hotel at all.

What, in 2019, is the purpose and organizing principle of an event like the Most Powerful Women Summit? Is it like the Hall of Presidents at Disney World — a non-editorializing showcase of every boldfaced woman Fortune could rustle up to prove that many women are powerful?

Are we saying that Powerful Women are just like powerful men — some good and some bad? Which is true, of course, but then why do we need a separate event for them?

Are we just saying that women like green juice and Rothy’s?

Kirstjen Nielsen deserved to be questioned, hard, for her role in an immensely controversial administration policy. And maybe she accepted this particular engagement, her first since leaving the White House, because she thought she could expect a welcoming audience. One who would embrace her as one of their own because being a lady is rough, am I right? Toward the end of her interview, Nielsen wanly said she thought she was going to be asked more about cybersecurity.

But still, there was something off about it. Here she was, making her reputation-washing debut in a ballroom event celebrating aspirational women, smiling grittily as she informed us that, no, we’d all misremembered the whole past three years.

And most of us had paid $13,500 to be there.

 

Monica Hesse is a columnist writing about gender and its impact on society. For more visit wapo.st/hesse.

 

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

Perhaps cruelty, nastiness, dishonesty, illegality, and inhumanity know no gender bounds. Certainly, Nielsen proved to be every bit as bad and every bit the sycophant as her male counterparts, Kelly & “Big Mac with Lies.” The relatives of the dead and those who have suffered unnecessarily and continue to suffer because of her lack of integrity are out there to reflect on the true nature and consequences of her “power” and “legacy.”

One of Nielsen’s most notable “achievements,” in addition to child separation and “Let ‘Em Die In Mexico,” was assisting Sessions & Barr in stripping battered, abused, and tortured women of their ability to gain protection under our asylum laws. Indeed, Nielsen went one better: she was a key player in Trump’s scheme to make women, children, and everybody else fleeing the Northern Triangle of Central America ineligible to apply for asylum at all, thus reversing decades of U.S. commitment to human rights and fundamental fairness. Wow, that’s like “Superwoman” stuff!

Monica Hesse is a well-known author and talented storyteller in addition to being a great journalist. I hope that one of her future projects will be to tell the stories of those whose lives were turned into living hell just because they had the audacity to seek protection under our laws in an attempt to save or better their lives and those of their families. Survival, asserting rights, evincing humanity, expecting kindness, fairness, and compassion: what greater “crimes” could there be in Trump’s America?

Sure, Nielsen might not have quite gotten down to the moral depravity of neo-Nazis like Miller and “Cooch Cooch,” the “custom designers” of Trump’s cowardly attacks on migrants, refugees, and human dignity. That’s a low bar to get under. But, that makes her neither a good person nor an appropriate role model for women (or men) seeking to possess power and engage in true leadership.

It’s  incredible to me that with all the brave, courageous, talented, and powerful women involved in leadership positions in the field of immigration and human rights – legislators, journalists, jurists, lawyers, artists, professors, ministers, social workers, NGO executives and managers, teachers, medical professionals, etc., — Nielsen was the best “role model” they could find!

Next year, the folks over at Fortune Maggie should give me a ring. I could give them the names of dozens of brilliant, talented, committed women who are “leading by example” – putting themselves and their values “on the line” every day to save lives and tend to the most vulnerable among us. And, of course, in doing so they actually are saving all of us. Because, to paraphrase MLK, Jr., harm to the most vulnerable among is harm to all of us.

I also have lots of suggestions as to where Fortune could donate the proceeds of the “Most Powerful Women Summit” to actually promote the responsible use of power for women and men: to actually make the world a better place, not just to “jack up” resumes or collect impressive, but largely meaningless, titles and accolades.

DUE PROCESS FOREVER, CORRUPT FORMER PUBLIC OFFICIALS NEVER!

 

PWS

10-24-19

THEY’RE BACK: RETURN OF THE “BROOKS BROTHERS RIOTERS” — As Evidence Against “Supreme Leader” Mounts, Angry GOP White Guys Create Diversion By Attacking The Rule Of Law!

Aaron Blake
Aaron Blake
Senior Political Reporter
Washington Post

https://www.washingtonpost.com/politics/2019/10/23/banner-hours-gop-rule-law/

Aaron Blake writes in the WashPost:

It’s hardly breaking news that President Trump has an uneasy relationship with the rule of law. He campaigned on putting his unindicted opponent in jail. He has attacked judges individually and the judiciary as an institution. He allegedly asked his FBI director for loyalty and to lay off a top aide. He tried to get his first attorney general to launch politically expedient investigations. Robert S. Mueller III laid out five instances in which there was significant evidence that he obstructed justice. He’s declining to cooperate with his own impeachment inquiry. And he even criticized his Justice Department for indicting two Republican congressman.

What hasn’t been chewed over quite as thoroughly is how much this attitude has infected those around him — many of them in the Republican Party, which prides itself as the party of the rule of law.

And the past 24 hours have been full of activity on that front.

They began Tuesday night with Matthew G. Whitaker, Trump’s former acting attorney general, taking to the airwaves of Fox News to declare that a president abusing power not only isn’t a crime, but also isn’t even impeachable.

“Abuse of power is not a crime,” Whitaker said. “Let’s fundamentally boil it down. The Constitution’s very clear that this has to be some pretty egregious behavior.”

Even for a team of supporters accustomed to moving the goal posts for Trump, taking “abuse of power” and suggesting it would not clear the bar was something.

Then came Wednesday morning, when a throng of Republican congressmen, led by Rep. Matt Gaetz (Fla.), decided to storm the proceedings of the House impeachment inquiry to highlight concerns about its process. They effectively shut it down for five hours and caused the testimony of Defense Department aide Laura Cooper to be delayed.

The situation harked back to 2016, when House Democrats — who were then in the minority — staged a sit-in protest on the House floor over gun control. At the time, Rep. Tom McClintock (R-Calif.) declared that Democrats had “replaced rule of law with the rules of the mob.” Another House Republican shouted, “Rule of law means order!” Another stickler for the rules at the time was then-Rep. Mick Mulvaney (R-S.C.), who is now acting White House chief of staff. “When somebody violates all the rules that they, you know, said they would adhere to and sets bad precedent for the future,” Mulvaney said, “it simply shows that if you act badly, you can get what you want.”

Beyond the issue of the rules in this protest was the matter of security. The impeachment inquiry depositions are held in a secure room, but some Republicans brought in their cellphones, which is against the rules, raising concerns about whether the room had been compromised.

The last development on the rule-of-law front Wednesday was in an actual courtroom. While defending Trump from having to turn over his private financial records, his private attorney William S. Consovoy made an extremely broad assertion of presidential immunity. He said that basically no jurisdiction — whether local or federal — can investigate a sitting president.

And when a judge asked him whether that would also be the case if Trump, as he so famously intoned, shot someone on Fifth Avenue in New York City, Consovoy responded in the affirmative.

“Local authorities couldn’t investigate? They couldn’t do anything about it?” U.S. Appeals Court Judge Denny Chin asked. “Nothing could be done? That is your position?”

“That is correct,” Consovoy said, noting that any crimes could be handled once the president was out of office.

It is understood that a president can’t be indicted while in office; this is the policy of the Justice Department and has been dating to Richard Nixon. What is much more controversial is the idea that jurisdictions cannot even investigate Trump. U.S. District Judge Victor Marrero recently called the Trump team’s assertion of immunity “virtually limitless” and deemed the claim “repugnant to the nation’s fundamental structure and constitutional values.”

The claim is merely the latest bold one from the Trump legal team and from Consovoy. Earlier this year, both the White House counsel and Consovoy maintained that Congress also had no right to investigate the president for the sake of oversight.

U.S. District Judge Amit Mehta asked Consovoy that if “a president was involved in some corrupt enterprise, you mean to tell me, because he is the president of the United States, Congress would not have power to investigate?” Consovoy answered that was his argument, because it would not be “pursuant to its legislative agenda.”

Congress has since launched impeachment proceedings, which is a power expressly granted in the Constitution and would seem to mitigate questions about whether its members have the authority to do what they are doing. But Republicans are making all kinds of other process arguments to attack the legitimacy of the investigation and decline to cooperate — even as there is little in the law to guide what impeachment proceedings must look like. They are complaining about the lack of a due process, even though this isn’t a trial (yet). They cry foul over the lack of a vote to launch the inquiry, which has been held in the past but is not required by law.

And as that situation and Trump’s standing as president become more embattled, it looks as though the “rule of law” party is going to continue making arguments about why Trump holds a unique place in relation to that law — and why perhaps it’s worth breaking the rules on his behalf.

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

Remember, folks, an attempt to hold the Grifter-in-Chief and his White Nationalist regime accountable for abuses of authority is an attack on White privilege everywhere! 

No wonder the so-called “Freedom” Caucus and its privileged White guys (used in a generic sense, as there appear to be a couple of GOP women members who glory in and feel empowered by their male companions’ chauvinism, particularly when it comes to putting down smart, powerful women of color) are so upset. Like their Grifter, they love the concept of America as it was in the “good old days,” before MLK, Jr., and the nasty “Civil Rights Era,” when the law was largely a tool to oppress African Americans, Hispanic Americans, Catholic Americans, Jewish Americans, immigrants, and a host of “others.” They are righteously upset that their overprivileged, unqualified, unscrupulous Supreme Leader, a living example of where “White privilege” will get you, could be held accountable for some of his myriad of misdeeds and outright mockeries of our Constitution and the rule of law.

The good news for the BBRs and their fellow GOP enablers (incidentally, the GOP has had full rights under Congressional rules to participate in the ongoing investigation — just not to control it from their minority position): the impeachment investigation will soon be “taken public” as they (disingenuously) claim to desire. 

The bad news: they will have to come up with different forms of diversion and disruption, because on the publicly disclosed facts, there is no defense for either their continuing White privilege or the lawless actions and continuing abuses of authority by their “Supreme Leader.”

PWS

10-24-19

 

“BIG MAC” SAYS EL SALVADOR IS A “SAFE” COUNTRY – HE LIES! — Mounting “Disappearances” & Government Acquiescence Show Why “Big Mac,” Pompeo, Pence, Trump & Other Corrupt Architects Of Unlawful Policies Designed To Kill Asylum Seekers (For “Deterrence”) Should Be Charged With “Crimes Against Humanity!” – “The legacy of fear in El Salvador is profound. Three decades after the war, there are people who are only now revealing the disappearance of a relative in that conflict. Back then the scourge was death squads. Now it’s gangs and rogue police.”

https://www.washingtonpost.com/world/the_americas/disappeared-in-el-salvador-amid-a-cold-war-nightmares-return-a-tale-of-one-body-and-three-grieving-families/2019/10/19/d806d19a-e09d-11e9-be7f-4cc85017c36f_story.html

Mary Beth Sheridan
Mary Beth Sheridan
Central America Reporter
Washington Post
Anna-Catherine Brigida
Anna-Catherine Brigida
Freelance Reporter

 

 

Mary Beth Sheridan and

report for the WashPost:

 

 

By

Mary Beth Sheridan and

Anna-Catherine Brigida

Oct. 19, 2019 at 2:58 p.m. EDT

LAS ANIMAS, El Salvador — For Daisy Flores, Day 135 began like so many others. She soaked corn in a bucket on the dirt floor for tortillas. She washed the kids’ clothes in a blue plastic bin. And she thought, again, about that afternoon in May when her 18-year-old son Edwin rode off on his brother’s motorcycle.He still hasn’t come home.

Twenty miles away, in a working-class neighborhood in San Salvador, Karen was plodding through Day 297. She coped by writing notes to her absent husband and taping them to the bedroom wall.

“I send you a little kiss,” she’d scrawled to the man who had disappeared last year while delivering electricity bills. And: “I can’t take it anymore.”

Not far from her, a third family endured another Monday without their loved one. The middle-aged man had gone missing on his way home from his plumbing job. Was it already Day 192? They’d searched everywhere. Nothing.

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Three decades after a brutal civil war characterized by never-explained, never-resolved disappearances, Salvadorans are again vanishing.

The phenomenon is resurrecting one of the most chilling elements of Cold War Latin America. Back in the 1970s and 1980s, tens of thousands of people disappeared as right-wing governments — many supported by the United States — fought to extinguish leftist insurgencies.

These days, countries such as Mexico, Brazil and El Salvador are battered by criminal wars. The governments aren’t fighting Marxist guerrillas, but gangs and drug cartels instead.

In Mexico, more than 3,000 clandestine gravesites have been unearthed as families search for the 40,000 missing. In El Salvador, few of the burial sites have been found.

Which is why, when the government discovered one outside the capital last month, TV reporters rushed to the scene — and dozens of families began to wonder if their mystery would finally end.

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“I know he’s here,” said the mother of a 14-year-old.

“I am always hoping,” Karen said.

“They haven’t told me anything,” Flores said.

But for one family, things were about to change.

Mexican government says more than 3,000 hidden graves found in the search for the disappeared

A soldier guards a farm in El Limon, where investigators found a clandestine grave with human remains. (Fred Ramos/FTWP)

Disappearances bring back a Cold War nightmare

No one knows exactly how many people in El Salvador have gone missing. National police say at least 2,457 people were reported disappeared in 2018, the most in a dozen years. The attorney general’s office puts the figure at 3,437 — more than the total of homicides. Both numbers are widely seen as undercounts.

For Flores, her son’s disappearance was a new version of an old nightmare. Her two uncles were among the at least 8,000 people who vanished during El Salvador’s 12-year civil war.

That was another era — of death squads, the Reagan Doctrine against communism, guerrillas wielding red banners and AK-47s. El Salvador today is a democracy, with free elections and onetime Marxists in congress.

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So why are disappearances back?

One reason is they make it easier for killers to avoid investigation. That goes both for gang members killing their rivals and for cops secretly executing suspects.

“If there is no body, there’s no evidence,” said Marvin Reyes, who spent 20 years in the national police.

But the disappearances also reflect a political strategy. That became evident when El Salvador’s top two gangs reached a government-backed truce in 2012. The homicide rate — among the highest in the hemisphere — plunged. But disappearances rose.

“If violence needed to be carried out [by gangs], it needed to be invisible, to avoid attention from state authorities,” said Angélica Durán Martínez, who studies Latin American violence at the University of Massachusetts at Lowell.

Analysts suspect the gangs and the government hide corpses to keep the homicide rate down.

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It’s so dangerous to police MS-13 in El Salvador that officers are fleeing the country

Karen looks through the window of her bedroom. Her husband went missing in San Salvador last November. (Fred Ramos/FTWP)

Trump administration reaches deal to send asylum seekers to El Salvador in an effort to deter migrants from entering the United States

For victims’ families, the uncertainty is cruel: There’s no resolution, no body to bury, no hope of closure. “We have so much stress,” said Karen, a 39-year-old mother of three.

She and her kids try to keep their minds on work and school, but their bodies betray them: Karen’s insomnia, her son’s overeating, her daughter’s wildly oscillating periods.

She believes her husband was abducted because he refused to hide a gang’s weapons in the family’s home. She is so frightened of retaliation that she spoke on the condition that her last name not be used.

Daisy Flores, 47, also suspects her son was hauled away by gang members.

Edwin was perhaps the most affectionate of her seven kids. The kind of boy who would sneak up behind her at the stove and grab her in a bear hug. Who wasn’t embarrassed to accompany his mama to the market.

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She doesn’t think he was a gang member. But: “I can’t tell you what kind of friends he had.” Everyone knew that MS-13 dominated their hamlet, a woodsy patch of small, concrete homes surrounded by fields where campesinos grew corn and raised cows and chickens. Nearby villages were ruled by the rival gang Barrio 18 .

Edwin’s absence is a constant torment. One of his brothers was so terrified that he considered migrating to the United States, like tens of thousands of Salvadorans in recent years.

Whenever Daisy thought of her missing son, she’d lose her appetite.

“I can’t live like this, learning nothing,” she said.

But in recent months, there was a new reason for hope.

Nayib Bukele, the charismatic young mayor of San Salvador, was elected president in February on promises of change.

“They say the president, now, he’s helping people,” Daisy said. “And that if you go to the attorney general, he’s helping to find the disappeared.”

A crusading attorney general promises answers

El Salvador Attorney General Raúl Melara and investigators arrive at the clandestine gravesite, under heavy guard, in Barrio 18 territory. (Fred Ramos/FTWP)

U.S. officials said aid to El Salvador helped slow migration. Now Trump is canceling it.

Attorney General Raúl Melara hopped out of an SUV and strode toward the yellow police tape.

“Is it up here?” he asked.

At 47, Melara was part of El Salvador’s tiny business elite, with a doctorate in law and years of leading the National Association of Private Enterprise. He had swept-back dark hair and wire-framed glasses and favored starched white shirts. But on this afternoon, he had donned jeans, a gray polo shirt and a windbreaker to visit the village outside San Salvador known as El Limon — notorious territory of Barrio 18.

Melara scrambled up a nearly vertical dirt path alongside a dying cornfield, trampling vines and brushing through shoulder-high grass. A quarter-mile up lay a clearing, with mounds of freshly dug dirt and a body.

It had been a man in jeans and work boots.

More bodies would probably be dug up in the coming weeks, Melara told journalists. The new government, he said, was committed to finding the disappeared and punishing the culprits.

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“This is a phenomenon that, in past years, was hidden. They didn’t want it to be visible,” he told the TV cameras. “But we’re all seeing it.”

In just a few months, Melara had made some aggressive moves. He’d formed a team of prosecutors to focus on the disappeared. He’d promoted tougher penalties for those involved in the crime. He was working with the police to produce more accurate numbers.

Reform and revival: Gang members find Christianity in El Salvador prisons

Some were skeptical. It wasn’t until 2017 — a quarter-century after the civil war’s end — that the government finally created a commission to search for the disappeared from that conflict. And locating the more recent victims could be politically unpalatable in a country obsessed with the murder rate.

“Finding and identifying these bodies will inevitably imply a rise in the homicide index,” said Celia Medrano of the human-rights group Cristosal .

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Arnau Baulenas, legal coordinator of the Human Rights Institute at the José Simeón Cañas University of Central America, said Melara’s initiatives were positive but insufficient.

“The attorney general has a very small team,” he noted. There are so few forensic criminologists that one of them — Israel Ticas — has become a celebrity for helping mothers find the remains of their children.

Melara knows he lacks money, equipment and expertise. It sometimes seems the only thing that’s not in short supply is fear.

“In Mexico, the families of the victims are visible,” he told The Washington Post. “They’ve generated social pressure.”

El Salvador is different. Indeed, at El Limon, as the investigators shoveled dirt, a mother in blue flip-flops approached. Her son vanished a year ago, at age 14.

“I’m going to find him,” she said, weeping, in a TV interview. “Even if he’s not alive, and it’s just to bury him.”

But she begged the cameraman not to identify her. He filmed her feet.

There was no sign of her son. On Day 2 of the dig, though, investigators discovered a tantalizing clue near the body.

It was a wallet. Inside was an ID card.

During Pompeo’s visit, El Salvador’s new president says migrant problem ‘starts with us’

The site where investigators found the remains of a man. (Fred Ramos/FTWP)This pick belongs to Israel Ticas, El Salvador’s most prominent forensic criminologist. (Fred Ramos/FTWP)As does this shovel. Ticas uses both implements to dig up clandestine graves. (Fred Ramos/FTWP)

A discovery brings new hope, and fear

The call came that day. It had been six months since the middle-aged plumbing worker vanished. Now his family was being summoned to the Justice Ministry.

Maybe, at last, they’d have an answer. But they couldn’t even grieve in peace. They begged reporters not to release his identity.

“We don’t want to make a lot of noise,” said one of the man’s relatives. “The neighborhood is really dangerous.”

Another relative was more blunt: “Saying the wrong thing could get you killed.”

The legacy of fear in El Salvador is profound. Three decades after the war, there are people who are only now revealing the disappearance of a relative in that conflict. Back then the scourge was death squads. Now it’s gangs and rogue police.

“There’s silence — exactly like during the armed conflict,” said Eduardo García, who heads Pro-Búsqueda, a group searching for war victims.

Ten days after the discovery at El Limon, investigators still were trying to match the corpse with the DNA submitted by the plumbing worker’s relatives.

The families waited.

For Karen, the news had generated a brief flicker of possibility. Then authorities told her the corpse wasn’t her husband. “I am not going to stop calling the attorney general’s office,” she said. Maybe they’d discover some sign of him, somewhere.

Daisy hasn’t given up, either. In her son’s bedroom, she unlatched a suitcase stuffed with neatly folded shirts and slacks.

“Here are his clothes,” she said. “I’m keeping them here so they don’t get all dusty.”

She has vivid dreams of her son. In one, he was trapped in a room. “I couldn’t get him out,” she said. One day she heard her 3-year-old grandson shouting outside the house. “Edwin is coming,” he yelled, pointing at the dirt path. No one was there.

By Day 145, Daisy was thinking of paying another visit to the attorney general’s office.

“God willing, they’ll have some news soon.”

Daisy Flores touches a favorite shirt of her son, Edwin, at her home. (Fred Ramos/FTWP)

Fred Ramos in San Salvador and Gabriela Martínez in Mexico City contributed to this report.

 

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

Through their lies about conditions in the Northern Triangle and extralegal programs directed against legitimate asylum seekers, folks like “Big Mac with Lies,” “Cooch Cooch,” Pompeo, Miller, and Trump are literally “getting away with murder.” Why?

It’s critically important not to let guys like “Big Mac” attempt to “rehabilitate” their images in the private sector by touting their “management experience” and claiming the “Nazi defense” of “just carrying out my duties” or the totally disingenuous “just carrying out the law.” No other Administration, GOP or Democrat, has even hinted that the dangerous and corrupt countries of the Northern Triangle without functioning asylum systems would be considered “Safe Third Countries” or that our overseas refugee program would essentially be ended at the time of the world’s greatest need (even as we are complicit in genocide and creating more refugees in Syria).

In this respect, it is heartening to see the “pushback” against the disingenuous attempt of former DHS Secretary Kirstjen Nielsen to “repackage” herself as a “leading female executive.” No, she was a Trump sycophant and a major human rights violator who is lucky not to be in jail. And, the same goes for many of the other current and former “Senior Executives” at DHS.

 

PWS

10-20-19

 

 

“IRREPARABLE HARM” – Trump’s Treachery Unleashes A Totally Predictable Military & Human Rights Disaster In Syria, Hands Another Victory To Putin!

https://www.washingtonpost.com/opinions/global-opinions/trump-had-one-foreign-policy-success-he-just-threw-it-away/2019/10/14/165c96cc-ee87-11e9-89eb-ec56cd414732_story.html

From the Washington Post:

 

By Editorial Board

Oct. 14, 2019 at 5:24 p.m. EDT

UNTIL NOW, it was possible to hope that the damage caused by President Trump’s terrible incompetence, ignorance and impulsivity in foreign policy was largely theoretical, and possibly reparable. That is no longer true. The cost of his latest Syria blunder is unfolding before our eyes: Innocent lives lost. U.S. servicemen and -women betrayed. Butchering dictators emboldened. Dangerous terrorists set free. A ghastly scene is playing out, and it almost surely will get worse.

How often have Mr. Trump and his Republican enablers in Congress berated President Barack Obama for allowing Syria to cross his “red line” without dire consequences? None of them is entitled ever to mention that again.

Mr. Trump — with no consideration, no warning, no consultation with allies, no regard for the other nations that have fought alongside the United States and risked their men and women in the fight — has turned tail. In the past two years, courageous U.S. troops cooperated with our Kurdish allies to defeat the deadly Islamic State caliphate. These allies lost more than 11,000 men and women killed; the United States, a dozen. It was a rare U.S. success in the Middle East.

AD

The president has thrown it all away. His surrender is so hasty that U.S. forces could not execute a long-standing plan to take dozens of high-profile Islamic State detainees with them; we can expect to hear from those terrorists before long, in the region, in Europe or in the United States. The Islamic State is likely to exert its malign force again. The allies who fought alongside us are being slaughtered, and noncombatant women and children, too. Iran is strengthened, which threatens Israel. The murderous Syrian dictator Bashar al-Assad is strengthened, too. Russia is taking charge. America’s adversaries could not have scripted a better outcome.

 

Mr. Trump likes to preen and posture as a champion of American fighters. But what more bitter medicine could any commander in chief administer to U.S. troops than ordering them to abandon the comrades who fought alongside them? He likes to preen, too, as a great enemy of Iran, and even as he runs from Syria he is ordering1,800 U.S. troops to Saudi Arabia, ostensibly to deter Iran. But that deployment, while proving the utter incoherence of his claim of “ending wars in the Middle East,” will have far less effect on Iran than the U.S. pullout from Syria, which opens the door for it to swell its influence there, on Israel’s border.

And speaking of preening: Republican senators such as Lindsey O. Graham (S.C.) and Marco Rubio (Fla.), who have cheered and celebrated Mr. Trump and his national security team, now huff and puff about imposing sanctions on Turkey as punishment for its invasion. Mr. Trump said Monday that he now supports such sanctions. But only one week ago he greenlighted Turkey’s incursion, and on Sunday he further encouraged it with his announcement of a hasty U.S. withdrawal. Turkish President Recep Tayyip Erdogan bears responsibility for Turkey’s depredations, of course. But if there is any coherence — or morality — in Mr. Trump’s position, he is doing a good job of concealing it.

 

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

All the King’s horses and all the King’s men won’t be able to put Humpty Dumpty together again! And certainly “economic sanctions” won’t stop the Turkish onslaught. The only thing that might stop it is an alliance among the Kurds, Assad, and Putin. Obviously, Trump has handed Vladi another big victory.

Courtside had this one pegged from the git go!  https://immigrationcourtside.com/2019/10/08/sycophant-sen-l-graham-r-sc-wakes-up-after-two-year-slumber-shocked-that-trump-has-betrayed-our-allies/.

 

PWS

 

10-15-19

 

COURT REPORT: A Great Day For America Is Another Bad Friday For Trump’s Ugly White Nationalist Agenda!

Nick Miroff
Nick Miroff
Reporter, Washington Post

Nick Miroff reports for WashPost:

Federal judges in New York, Texas and California sided against two of the Trump administration’s key immigration initiatives Friday, the latest lower court ruling against the president’s push for new physical and administrative barriers to migrants.

In El Paso, the court ruled the Trump administration’s attempt to reprogram military funds for the construction of border fencing was a violation of appropriation laws, a decision that could freeze work on the barrier in that area.

And in separate rulings in New York, California and Washington state, judges partly blocked the implementation of the “public charge” rule that aimed to disqualify immigrants from receiving green cards if they use public benefits or the government considers them likely to do so.

The decisions were the latest setbacks to the administration’s broader attempt to tighten the legal immigration system at the same time the president is seeking to erect hundreds of miles of towering steel barriers along the Mexico border using billions of dollars diverted from military budgets.

[‘He always brings them up’: Trump tries to steer border wall deal to North Dakota firm]

In the U.S. District Court for the Western District of Texas, Judge David Briones sided with the plaintiffs — El Paso County and the Border Network for Human Rights — and gave them 10 days to file a proposal for a preliminary injunction. Briones, a Clinton appointee, denied the administration’s motion to dismiss the suit, which was filed in April.

The decision Friday is the first instance of a local jurisdiction successfully suing to block construction of Trump’s border barrier. El Paso County authorities argued it would inflict harm to the local community’s reputation by creating an impression that the city is dangerous and unwelcoming.

Trump visits U.S.-Mexico border wall

On Sept. 18, President Trump visited the U.S.-Mexico border wall in Otay Mesa, Calif. to examine the construction. (The Washington Post)

David Bookbinder, an attorney for the plaintiffs, called it a “nice, neat, small ruling” that avoided broader constitutional questions about the president’s authority. The ruling instead zeroed in on what the judge said were violations that exceeded the executive branch’s authority to divert money appropriated by Congress for a specific purpose.

Bookbinder said it would take his clients “a few days” to determine what government activity they will seek to halt. The injunction probably would extend beyond El Paso County into areas of New Mexico, he said.

“It’s going to be a question of geography,” he said. “We’re going to have to specifically describe the areas of the border where the president will not be able to construct the wall.”

Trump this year diverted $3.6 billion in military construction funds to pay for hundreds of miles of 30-foot-tall steel bollard fencing. The administration has built 71 miles of new barriers so far, but Trump has promised to complete nearly 500 miles by the end of next year.

El Paso County Attorney Jo Anne Bernal said the county commissioners took a potentially risky step in suing the president but said the action was necessary because his portrayal of the border as a dangerous area was damaging the economy and other important aspects of community life.

“You have the president of the United States declaring a national emergency, and we can look outside and see that there’s no national emergency,” Bernal said.

At a meeting last month led by White House adviser Jared Kushner, administration officials discussed a plan to reprogram another $3.6 billion in Pentagon money if lawmakers do not provide funds for the barriers through the appropriations process.

The Trump administration is expected to appeal the ruling. The Justice Department did not immediately respond to a request for comment.

In New York, Judge George B. Daniels blocked the Trump administration’s “public charge” rule, calling it “unlawful, arbitrary and capricious.”

A 93-page ruling in the U.S. District Court for the Northern District of California rejected the government’s arguments on similar grounds, but with a more geographically limited scope.

Ken Cuccinelli, the acting director of U.S. Citizenship and Immigration Services, which was preparing to implement the public charge rule this month, suggested the government would appeal.

“An objective judiciary will see that this rule lies squarely within long-held existing law,” he said in a statement. “Long-standing federal law requires aliens to rely on their own capabilities and the resources of their families, sponsors, and private organizations in their communities to succeed. The public charge regulation defines this long-standing law to ensure those seeking to come or stay in the United States can support themselves financially and will not rely on public benefits.”

U.S. immigration laws have long held provisions allowing the government to bar immigrants who are considered at risk of becoming dependent on public support, but the Trump administration’s initiative would expand the types of benefits that could be taken into consideration, including Medicaid, food assistance and federal housing vouchers.

Immigrant advocates and officials in several jurisdictions have claimed the measures have had a chilling effect even before their implementation, discouraging families from seeking medical care, shelter and food.

New York Attorney General Letitia James, one of the plaintiffs suing the government, celebrated the ruling. “Once again, the courts have thwarted the Trump administration’s attempts to enact rules that violate both our laws and our values, sending a loud and clear message that they cannot rewrite our story to meet their agenda,” she said in a statement.

Robert Moore in El Paso contributed to this report.

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

Who knows what will happen on appeal. The U.S.Courts of Appeals have sometimes “taken a dive” on Trump and sometimes stood up against his illegal actions. 

But, at least for the moment it puts some monkey wrenches in Trump’s racist plans and his ongoing abuses of our legal system..

PWS

10-13-19

CATHERINE RAMPELL @ WASHPOST: “Twofer” — Trump Combines Assault On Healthcare With Attack On Legal Immigrants!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/trump-found-a-way-to-simultaneously-sabotage-our-health-care-and-immigration-systems/2019/10/07/6fb734dc-e943-11e9-9306-47cb0324fd44_story.html

President Trump sabotaged the health-care system. Separately, he’s sabotaged the immigration system.

And now, in a presidential twofer, on Friday night the administration found a way to sabotage both simultaneously.

Unable to repeal Obamacare, the Trump administration has worked to make it less functional and more expensive. It has done this by zeroing out the individual mandate, expanding the availability of cheap but worthless junk insurance and curtailing the annual open-enrollment period, among other actions.

The cumulative effect of these policies has been to reduce the share of people who have (real, non-junk) insurance; those still motivated to seek comprehensive insurance tend to be sicker and more expensive to cover. The predictable result? Premiums hundreds of dollars higher than they would otherwise be, according to estimates from health-care analyst Charles Gaba.

 

And, unsurprisingly, those who don’t qualify for the subsidies that shield enrollees from these price hikes are dropping out of the individual market altogether because they can’t afford the insurance.

But no worries. For years, administration officials and fellow Republican lawmakers have argued this is merely an expansion of a fundamental American freedom — the freedom to go uninsured.

Simultaneously, of course, the administration has also been undermining our legal immigration system. Emphasis on “legal” here: For all of Trump’s vitriol for undocumented immigrants, he’s also been targeting people who are trying to come to this country lawfully.

Among the creative, non-legislative ways the administration has sabotaged the legal immigration system: huge and arbitrary delays in visa and citizenship application processing; cruel and inhumane treatment of families seeking asylum; reductions in the refugee admissions cap to its lowest level on record; and, of course, the travel ban placed on several majority-Muslim countries.

And then there are all of the policies intended to penalize legal immigrants whom the Trump administration claims are a financial burden.

To be clear: Immigrants are in fact a net fiscal boon to the United States, according to a  report from the National Academies of Sciences, Engineering and Medicine, and their children are “among the strongest economic and fiscal contributors in the U.S. population.” But Trump and his aides are convinced that immigrants are, and will forever be, a drain on society.

Or, as Trump’s acting U.S. Citizenship and Immigration Services director Ken Cuccinelli  put it: “Give me your tired and your poor who can stand on their own two feet.”

Cuccinelli was talking about a new administration rule — currently being challenged in eight lawsuits — that makes it harder for immigrants to receive green cards if they have ever used or might someday need safety-net benefits such as food stamps or Medicaid. But it’s actually one of several policies the administration has devised to drive down immigration numbers under the guise of fiscal prudence.

The latest such development was rolled out Friday night. This new policy, issued via presidential proclamation, bars issuance of visas to immigrants unless they can prove they will obtain health insurance within 30 days of their arrival in the United States, or otherwise demonstrate that they can pay medical expenses out of pocket.

That’s right, the Trump administration has brought back the individual mandate, but for immigrants only — the GOP’s supposed commitment to “freedom” notwithstanding. The Migration Policy Institute estimates the change could end up excluding about two-thirds of future immigrants.

The new policy is vague about how would-be immigrants would even be able to prove they meet the new requirement. Maybe they’d need to somehow buy insurance before they leave their home countries, while still waiting in that interminable visa queue; maybe not.

What’s more, if they get subsidized insurance through the individual exchanges, Trump’s proclamation says it won’t count. This is yet another way the administration is sabotaging Obamacare, which explicitly allows immigrants to purchase subsidized exchange insurance. It also places low- and moderate-income immigrants in an impossible position, since they’re now stuck buying insurance at the sticker prices that the Trump administration has helped jack up through its earlier rounds of Obamacare sabotage.

Under the proclamation, immigrants could instead buy junk insurance. But, as the administration also surely knows, these Trumpcare plans cover almost nothing. So forcing immigrants to buy such policies seems unlikely to shield taxpayers (or hospitals) from immigrants’ emergency medical costs — which is allegedly the goal here.

Of course there is also a fundamental tension between arguing that uninsured immigrants impose huge costs on the country but uninsured native-born Americans don’t cost anyone anything. But no one said consistency was this administration’s strong suit — aside from its consistent desire to find new ways to destroy as many institutions as possible.

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

Yup! Catherine nails the GOP’s disingenuous approach to almost everything. But, perhaps there are unifying principles of the GOP: hate, dehumanization, cruelty, selfishness, intolerance, intellectual dishonesty, and short-sightedness.

Of course the requirements of the new “policy” are “vague.” That’s because the intent is not to have immigrants get insurance coverage before they come. The real intent is to keep them from coming at all even though they meet all of the legal requirements. It’s just another aspect of the Trump GOP’s racist, extralegal assault on all migrants, legal and undocumented. The next time you hear one of his GOP or bureaucratic sycophants disingenuously claim that they are “in favor of legal immigration, just not unlawful migration” call out “BS” at the top of your voice!

Catherine’s column “connecting the dots” supports my own observation that the Trump GOP’s attack on migrants is just a “placeholder” for attacks on the majority of Americans who don’t fit the GOP’s toxic White Nationalist agenda.

PWS

10-09-19

MICHAEL GERSON @ WASHPOST: Trump’s Disgraceful White Nationalism Is Un-American! — “But the most alarming spectacle is this: an American president who doesn’t understand the meaning of America.”

Michael Gerson
Michael Gerson
Columnist
Washington Post

https://www.washingtonpost.com/opinions/trump-cant-even-get-american-nationalism-right/2019/09/30/be903b0e-e3a2-11e9-b403-f738899982d2_story.html

Michael Gerson writes in the WashPost:

One of the puzzling aspects of President Trump’s hyper-nationalism is its consistent denigration of the nation itself.

In a 2017 Oval Office conversation among Trump, Russian Foreign Minister Sergei Lavrov and Russian Ambassador Sergey Kislyak, the president did more than boast that the firing of FBI Director James B. Comey had relieved “great pressure” on him. Trump also, according to a recent report in The Post, appeared to White House officials to be “forgiving Russia for an attack that had been designed to help elect him,” while noting that the United States engaged in such election manipulation itself.

Citing one former administration official, the Post article added: “The president and his top aides seemed not to understand the difference between Voice of America, a U.S.-supported news organization that airs in foreign countries, with Russian efforts to persuade American voters by surreptitiously planting ads in social media.”

This is not the first time Trump has asserted a moral equivalence between American and Russian roles in the world. In his 2017 Super Bowl day interview with Fox News, he dismissed criticism of Russian President Vladimir Putin as a “killer” by musing: “There are a lot of killers. We’ve got a lot of killers. What, do you think, our country’s so innocent?”

If such a statement were made by an Ivy League college professor, conservatives would have had all their suspicions about the anti-American tendencies of tenured radicals confirmed. Yet Republicans seem to have no problem rallying around a politician who looks at the Russian-American relationship and sees equal and opposite amorality.

The assertion of moral equivalence between the Voice of America and Russian troll farms is particularly ignorant and galling. The VOA does actual newsgathering and journalism in countries without a free press. The Russians deliver lies on social media to encourage division and hatred among Americans. Trump seems incapable of understanding the difference.

For all his flag waving, Trump seems to lack the instinct for patriotism. It is one thing — as the president does with regularity — to throw people who work for him under the bus. This displays the absence of downward loyalty. But in his 2017 meeting with the Russian foreign minister and ambassador, Trump effectively threw his country under the bus — endorsing the Russian perception of American hypocrisy on election tampering. This indicates a lack of upward loyalty. It doesn’t seem to matter to Trump that American “meddling” in foreign elections generally consists of promoting regular and fair elections, encouraging the protection of minority rights and speaking up for press freedom.

None of these objectives holds much appeal or urgency for Trump. He calls for the renewal of nationalism, but in a manner that has little to do with our national values. He wants us to take pride in blood and soil rather than in a set of universal ideals. His calls for loyalty are based on geography not morality. He urges us to love America because it is powerful, and because it is ours, not because it is good.

In this sense, Trump seeks to normalize American nationalism — to make it more like the Russian or Chinese varieties. He invariably defines national goals in terms of exercising military dominance, or controlling access to resources, or maintaining national sovereignty, or achieving trade surpluses. And he seems to view this as an expression of realism about the nature of power. America may claim to be a new order for the ages, but we kill people too. We interfere with elections too.Trump appears to find this kind of moral relativism liberating. A world without rules and ideals is a world without limits on his instincts and whims. This may be why he has offered praise for the leadership styles of Putin or Chinese President Xi Jinping, while generally ignoring democratic activists in Moscow or Hong Kong. Trump would rather view himself as the embodiment of the national will, instead of as the steward of American ideals. His sympathies lie with the powerful because he imagines himself in their company.

Despite this pretense, Trump manages to look small and silly on the global stage. He has been tricked and exploited again and again by North Korea’s murderous man-child. At the Helsinki summit last year, standing next to Putin, Trump was cringing and pathetic. When it comes to foreign policy, he is not sitting at the adult table.

But the most alarming spectacle is this: an American president who doesn’t understand the meaning of America.

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

Couldn’t have said it better myself, Michael. My only question: What happened to the rest of your GOP buddies who have joined with the forces of racism, xenophobia, and cowardice to destroy our nation from the inside? Seems like something pernicious in both your GOP and your conservative movement that have betrayed America by supporting the neo-Nazi authoritarian Trump. 

Trump’s GOP is nothing new. It’s an extension of a party and a conservative movement that has always relied on a racially motivated, morally questionable “base.” Rather than having the guts to reject racism and false patriotism, the GOP has let their lust for rule against the best interests of the nation take over. 

When you finally acknowledge your own role in creating Trump and his atrocities against America, you will have more credibility!

But, until then, I agree completely that we have an un-American President who gives patriotism a bad name and degrades our nation with every day he remains in the high office for which he is so supremely unqualified and undeserving. The GOP actually has the power to join with the Democrats in removing Trump — this clear menace to America — from office now! Instead, they defend the indefensible with more lies and smears of the REAL patriots and those who do understand the “meaning of America!”

PWS

10-02-19

“FLOATERS” IN THE RIO GRANDE: How Is This An Appropriate Response Of World’s Most Prosperous Country To Individuals Seeking Protection Under Our Laws Or, At Worst, A Better Life?

“Floaters”
“Floaters — How The World’s Richest Country Responds To Asylum Seekers”
EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)
Abigail Hauslohner
Abigail Hauslohner
National Immigration Reporter, Washington Post

https://www.washingtonpost.com/immigration/border-patrols-september-on-the-rio-grande-bodies-cartel-lookouts-footprints-in-the-mud-and-fewer-migrants/2019/09/23/26cf9884-d40a-11e9-86ac-0f250cc91758_story.html

Abigail Hauslohner reports for WashPost:

ABRAM, Tex. — The dead man was face down near the riverbank, visible mostly because of the slivers of red on the soles of his sneakers.

“We’ve got a floater,” U.S. Border Patrol agent Deborah Villarreal called out to the rest of her unit. She swung the patrol boat around to get a closer look.

It was predawn, early in Villarreal’s shift, and the purplish-pink sky reflected in the placid waters of the Rio Grande. She furrowed her brow at the grim start to her day, and she thought about the family out there somewhere, missing this man, wondering where he was, not knowing he was dead.

“I hate to see that,” she said.

Villarreal sees dead bodies regularly, floating in this river that separates Mexico from the United States. This was the second her unit had spotted along this particular stretch in about a week.

By the end of her day, she would have steered the boat up and down the river a couple dozen more times, passing the body again and again before Mexican authorities arrived to take it away. She would pass the same series of concrete sheds — holes drilled into the sides so the drug cartels can use them as lookout points — and the same run-down riverfront cafe, where a black car loitered, and a man watched the boat pass. She would wave to the Mexican national guardsmen at their sleepy encampment, push through a cloud of skunk odor — it was their mating season — scour the river reeds for signs of footsteps into the United States, and send her agents up the bank and into the brush after a pair of Mexican migrants, ultimately catching up to them on the edge of a cane field.

This, relative to recent months, was a slow day in the Rio Grande Valley.

The winding body of the river here in South Texas — with its submerged remnants of rafts, its banks trampled by migrant families and cartel workers, and now, by Mexican forces — is a microcosm of all the ebbs and flows of the nation’s approach to immigration. This sliver of the 1,954-mile border with Mexico is primed to deliver a verdict on the effectiveness of the Trump administration’s border policies.

It is here that the spring influx of migrant families and children reached its peak, inundating U.S. Border Patrol stations with too many detainees. But apprehensions in the Rio Grande Valley have dropped 55 percent since May, down from nearly 50,000 to just more than 22,000 in August. Though this area still sees more migrant crossings than any other sector of the border, border agents here have witnessed how Washington policies aimed at decreasing the flow have played out in real time.

To them, it is President Trump’s deal with Mexico to intercept migrants before they cross into the United States that has seemed to have the most impact. They do not know the details of the accord or how long it will last, but they can see the Mexican forces on the other side of the Rio Grande.

“You see a difference,” said Ryan Ansbro, a Border Patrol agent who works alongside Villarreal.

Villarreal and her team, who patrol the river by boat, rush to intercept migrants and smugglers before they cross, and they pluck people from the water when they wind up in it. The precipitous summer decline in migrant crossings has meant quieter shifts on a river that is suddenly more manageable, less frantic.

But the constants remain: the desperation that cannot be deterred by danger; the drug cartels that devise new methods as fast as authorities try to thwart them; the everyday logistical challenges facing the Border Patrol, even as Trump focuses money and rhetorical energy on a border wall.

Though lower than earlier in the year, last month still saw more crossings than any other August in a decade. Will large groups of families and children — sometimes as many as 300 people at once — again pull agents away from their patrol duties, forcing them to become processors and jail guards? Will Mexican troops be able to sustain their effort?

“We’re all in limbo,” Villarreal said. “We don’t know if it’s going to skyrocket again or if this is going to be what helps us. It’s just an unknown.”

The chase is always on

On the river, the chase is always on. Cartel scouts along the Mexican side keep watch for the Border Patrol, launching rafts to the United States full of migrants or drugs whenever they find a gap.

The agents, in turn, speed back and forth, hoping to keep up. They rely heavily on eyes in the sky: helicopters, blimps with cameras, and stationary surveillance technology mounted on the edges of walls and fields to warn them of a raft hitting the water. If they get to the launch point quickly enough, the rafts often double back — sometimes tossing migrants into the water as they do.

“Our job is more of a deterrence unit,” Villarreal said. “And we are involved in a lot of rescues.”

The pale-green water in this region is flat and still, its current barely discernible from the boat deck, as it winds snakelike through the thick scrubland, with curves and switchbacks. Some of the narrowest areas and favored crossing points are less than a football field wide. But the water can be deceiving.

“You look at it right now, and you think there’s no current,” Ansbro said. “But you get in, and you find out there is a current. And a lot of them can’t swim,” he said of the migrants. Others get disoriented in the thick brush on the U.S. side, and in their exhaustion, they try to swim back.

Thick tangles of reeds, known locally as carrizo cane, create dense jungles that stretch from the riverbanks inland, thwarting the movements of migrants and the Border Patrol agents seeking to apprehend them.

The Border Patrol agents tell stories of the people they have found: the 18-year-old who medic Salvador Pastran discovered face up and arms spread in the middle of a dirt road a few years ago, the body reminding him of a snow angel; the young woman and three babies that agent Sheymarie Rosa and colleagues spotted recently, so close to a road, but all dead; or the group of 20 children and adults who Villarreal and her team rescued from the reeds at the water’s edge earlier in the summer.

In three days on the river this month, agents from the McAllen Border Patrol station, including Villarreal’s unit, encountered migrants during every shift who were suffering from heat exhaustion in the cane fields and citrus orchards between the river and the roads, even though the weather was cooler — in the 80s — than it had been in weeks.

‘This is the new Ellis Island, and we are turning people away’: A lawyer struggles to help migrants

(Zoeann Murphy/The Washington Post)

There was a Nicaraguan man who told agents he had lost consciousness in the brush after being deposited there by smugglers early in the morning. Hours later, he came to and crawled out onto a levee, where he was able to seek help from two U.S. National Guardsmen who have been deployed to the border in recent months to assist the Border Patrol.

There was another migrant, who agents believed to be a Chinese national, who began vomiting incessantly — a common symptom of heat exhaustion, Pastran said — shortly after they gave him water to drink.

Many of the migrants are leaving behind abject poverty, gangs, violence — and the dangers of a northbound trek and a hazardous crossing do not dilute the potential promise of life in the United States.

“The conditions here are still better,” Ansbro said.

Echoing the broad contours of arguments the Trump administration has made about why it is necessary to more aggressively deport those who are in the country illegally, Villarreal, Ansbro and other agents said they believe little can be done to stop the flow of migrants without tightening the laws to make it more difficult for asylum seekers and illegal entrants to remain in the United States.

“If they think they can come and stay, they’re going to do it,” Villarreal said.

Policies such as the administration’s Migrant Protection Protocols, which pushes asylum seekers back into Mexico to await U.S. court hearings, and other restrictions such as requiring migrants to first seek asylum in countries they transit on their way to the United States, are aimed at preventing people from even attempting a crossing.

But the Mexican forces are the only policy that the agents on the river can see for themselves.

Change on the Rio Grande

The change came earlier this summer.

Early one morning, Villarreal and her unit caught a glimpse of something unusual in the dark. There, on the Mexican side of the river, was a collection of colorful tent canvases, like a family campsite at a national park. But this was the bank of the Rio Grande, just north of the Mexican city of Reynosa, where the government had notoriously little authority in the face of cartel control. It was only after the tents’ occupants came to life under the beams of the Border Patrol’s flashlights that Villarreal and her agents realized what they were seeing.

“Oh, it’s the Mexican military,” she said, recalling her surprise, referring to the Mexican national guard forces. “We woke those poor guys up.”

There is little direct communication between the agents and the Mexican authorities. An international liaison handles that.

But on this day, Villarreal waved to the men in fatigues as her boat passed. We haven’t seen much today, she calls out to them in Spanish through the boat’s loudspeaker, “but we’ll let you know if we do.”

Two of the men responded with a thumbs-up.

When a late morning call came in over the radio about a group crossing downriver, the intelligence was coming from an agent watching an aerial camera, and Villarreal’s boat unit took off at 47 mph, past the inlet where agents have seen alligators, and past the remnants of a dozen green plastic rafts snagged on tree branches in the shallows.

“Mira,” Rosa told Villarreal in Spanish. “Look.”

The boat slowed next to a forested bank across from an empty Mexican cafe.

“There’s a guy right there.” Across the river, a man was watching them.

They moved up and down along the river bank, searching for signs of trampled reeds. The raft had already crossed. Finding fresh footprints in the mud, Ansbro and Rosa set off in pursuit through the brush, where their uniforms snagged on blades of cane and the air felt heavy and suffocating.

They followed the tracks out to a dirt road along another dense field of cane, and up the road, a snake slipping over the sandy berm to get out of their way. A helicopter moved in overhead.

“Fifty yards ahead of you, there’s going to be two of them,” came a voice from the helicopter over the radio after several minutes. “Right shoulder. Go into the field right there.” And the agents plunged into the cane, emerging seconds later with two muddied men handcuffed together.

They sat them down on the road to collect their belongings and to begin the typical questioning. One was a 44-year-old fisherman from the southern Mexican state of Veracruz. The other was a 32-year-old from Guerrero. Both were fathers of three. Both were exhausted.

They had not eaten in two or three days, the fisherman said. They had come to the United States to look for work.

The agents led them back to the boat, took them upriver, and handed them off to another agent with a truck. They would likely face swift deportation.

In the afternoon, the tiny boat Villarreal had been waiting for since dawn appeared around a river bend. Two bomberos — Mexican firefighters in red vests — stood side-by-side as they steered upriver. Villarreal’s team guided them to the body they had reported that morning.

The man, whose name they would likely never know, was just as they had left him, the red of his sneakers still peeking above the murky green in the shadow of the reeds. They guessed he had been dead for days, and Villarreal furrowed her brow again, this time in pity for what the firefighters would have to do.

“I feel bad for the bomberos. They pay them nothing,” she said as she watched them delicately tie the body to a rope attached to their boat.

When bodies end up on the U.S. side of the border, agents call the local sheriff’s office or justice of the peace to handle the remains and seek identification. When they are on the Mexican side, it is up to the bomberos.

Ansbro and Rosa asked what would become of him. Villarreal shrugged. If he has no identification, she said, he rwill probably be placed in a grave of unknowns.

The bomberos motored away, dragging the man in the boat’s wake.

Villarreal picked up the radio.

“The body has been recovered.”

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

“Floaters” were actually once live human beings, like you and me.

Dehumanization of migrants and forcing them into life-threatening situations is a morally and legally unacceptable means of “deterrence.” To what depths will we sink under Trump?

PWS

09-30-19

BIG DAY FOR NDPA: “Trip Wins” In USDC On Friday Over Trump Administration’s Unlawful Immigration Programs Shows Both The Promise & The Problems Of Relying On Federal Courts To Stand Up To Trump’s Abuses — Supremes & Courts Of Appeals Haven’t Consistently Defended Constitution & Rule Of Law Against Trump’s Illegal Actions!

Brittany Mejia
Brittany Mejia
Metro Reporter
LA Times
Joel Rubin
Joel Rubin
Federal Reporter
LA Times

https://edition.pagesuite.com/popovers/dynamic_article_popover.aspx?guid=ee3650e6-aa94-4a5e-a8b5-174d0f25f52d&v=sdk

Brittany Mejia and Joel Rubin report for the LA Times:

Trump dealt 3 legal defeats on immigration

White House assails ‘misguided’ court rulings it says hinder law enforcement.

By Brittny Mejia and Joel Rubin

In a third defeat in less than a day for the Trump administration, a federal judge blocked it from vastly extending the authority of immigration officers to deport people without first allowing them to appear before judges.

The decision late Friday came before the policy, which was announced in July, was even enforced. The move would have applied to anyone in the country less than two years.

The decision came just after a federal judge barred Immigration and Customs Enforcement from relying solely on flawed databases to target people for being in the country illegally.

Early Friday, the administration suffered what would be its first defeat on the immigrant front in less than 24 hours when a federal judge blocked its plan to dismantle protections for immigrant youths and indefinitely hold families with children in detention.

Those protections are granted under the so-called Flores agreement, which was the result of a landmark class-action court settlement in 1997 that said the government must generally release children as quickly as possible and cannot detain them longer than 20 days, whether they have traveled to the U.S. alone or with family members.

In a statement Saturday, the White House responded angrily to the decision to halt its plans for expedited removal of immigrants.

“Once again, a single district judge has suspended application of federal law nationwide — removing whole classes of illegal aliens from legal accountability,” the statement read in part. “For two and a half years, the Trump administration has been trying to restore enforcement of the immigration laws passed by Congress. And for two and a half years, misguided lower court decisions have been preventing those laws from ever being enforced — at immense cost to the whole country.”

The American Civil Liberties Union, which had sought the injunction, granted just before midnight, celebrated the result.

“The court rejected the Trump administration’s illegal attempt to remove hundreds of thousands of people from the U.S. without any legal recourse,” said ACLU attorney Anand Balakrishnan, who argued the case. “This ruling recognizes the irreparable harm of this policy.”

In the first setback Friday for the Trump administration, U.S. District Judge Dolly Gee said new rules it planned to impose violated the terms of the Flores settlement. Gee issued a strongly worded order shortly after, slamming the changes as “Kafkaesque” and protecting the original conditions of the agreement.

Gee wrote that the administration cannot ignore the terms of the settlement — which, she pointed out, is a final, binding judgment that was never appealed — just because leaders don’t “agree with its approach as a matter of policy.”

Barring a change in the law through congressional action, she said, “defendants cannot simply impose their will by promulgating regulations that abrogate the consent decree’s most basic tenets. That violates the rule of law. And that this court cannot permit.”

The new regulations would have eliminated minors’ entitlement to bond hearings and the requirement that facilities holding children be licensed by states.

They also would have removed legally binding language, changing the word “shall” to “may” throughout many of the core passages describing how the government would treat immigrant children.

The government is expected to appeal.

In the second decision Friday, U.S. District Judge Andre Birotte Jr. issued a permanent injunction barring ICE from relying solely on databases when issuing so-called detainers, which are requests made to police agencies to keep people who have been arrested in custody for up to two days beyond the time they would otherwise be held.

ICE is also blocked from issuing detainers to state and local law enforcement in states where there isn’t an explicit statute authorizing civil immigration arrests on detainers, according to the judge’s decision.

The decision affects any detainers issued by an ICE officer in the federal court system’s Central District of California.

That designation is significant because the Pacific Enforcement Response Center, a facility in Orange County, is an ICE hub from which agents send out detainer requests to authorities in 43 states, Guam and Washington, D.C. It is covered by the Central District.

“ICE is currently reviewing the ruling and considering our legal options,” Richard Rocha, an agency spokesman, said in a statement.

“Cooperation between ICE and local law enforcement agencies is critical to prevent criminal aliens from being released into our communities after being arrested for a crime.”

Tens of thousands of the requests are made each year to allow ICE agents additional time to take people suspected of being in the country illegally into federal custody for possible deportation. Approximately 70% of the arrests ICE makes happen after the agency is notified about someone being released from local jails or state prisons.

In fiscal year 2019, ICE has lodged more than 160,000 detainers with local law enforcement agencies, according to the agency.

Although police in California do not honor these ICE requests because of earlier court rulings that found them unconstitutional, agencies in other parts of the country continue to enforce them.

The civil case, which has wound its way through years of delays and legal wrangling, has broad implications for President Trump’s crackdown on illegal immigration as the ACLU and other groups sought to upend how immigration officers target people for being in the country illegally.

“I think the decision is a tremendous blow to ICE’s Secure Communities deportation program and to Trump’s effort to use police throughout the country to further his deportation programs,” said Jessica Bansal, senior staff attorney with the ACLU of Southern California.

The class-action lawsuit, which represents broad categories of people who have been or will be subjected to detainers, alleged the databases that agents consult are so badly flawed by incomplete and inaccurate information that ICE officers should not be allowed to rely on them as the sole basis for keeping someone in custody.

The judge agreed with that assessment, finding that the databases often contained “incomplete data, significant errors, or were not designed to provide information that would be used to determine a person’s removability.”

These errors, according to the decision, have led to arrests of U.S. citizens and lawfully present noncitizens. From May 2015 to February 2016, of the 12,797 detainers issued in that time frame, 771 were lifted, according to ICE data. Of those 771, 42 were lifted because the person was a U.S. citizen.

The detainer process begins when police arrest and fingerprint a person. The prints are sent electronically to the FBI and checked against the prints of millions of immigrants in Homeland Security databases. If there is a match — such as someone who applied for a visa or was apprehended by Border Patrol — it triggers a review process, which often culminates with an agent at the center deciding whether to issue a detainer.

Last year, the Pacific Enforcement Response Center issued 45,253 detainers and alerted agents at field offices to more than 28,000 additional people released from law enforcement custody before ICE could detain them.

Trump has singled out police in California and elsewhere for their refusal to honor detainers, using them to highlight what he says are problems with the country’s stance on immigration enforcement and the need to take a more hard-line approach.

In the years since the lawsuit was filed, ICE has amended its policies, saying the changes made the process for issuing detainers more rigorous.

Times staff writers Andrea Castillo and Molly O’Toole and the Associated Press contributed to this report.

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

These are important decisions by the Federal District Courts upholding the Constitution and the rule of law. Whether the higher Federal Courts will do their duty by “Just Saying No” to Trump’s abuses or go “belly up” as they did in Barr v. East Side Sanctuary Covenant and Innovation Law Lab v.McAleenan remains to be seen.

Go New Due Process Army! Beat back the Trump Administration’s extralegal attacks on migrants and the rule of law.

PWS

09-29-19

EXPANSION OF EXPEDITED REMOVAL BLOCKED: Federal Judge Finds Latest Enforcement “Gimmick” By Trump, Miller, & “Big Mac With Lies” Is Illegal!


Spencer S. Hsu
Spencer S. Hsu
Investigative Reporter
Washington Post

https://www.washingtonpost.com/local/legal-issues/judge-bars-trump-fast-track-deportation-policy-saying-threat-to-legal-migrants-was-not-assessed/2019/09/28/cf3d237e-e1ed-11e9-b199-f638bf2c340f_story.html

Spencer Hsu reports in the WashPost:

A federal judge has blocked the Trump administration from dramatically expanding its power to deport migrants who have illegally entered the United States in the past two years by using a fast-track deportation process that bypasses immigration judges.

In a 126-page ruling, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia issued a nationwide preliminary injunction shortly before midnight Friday, halting enforcement of the administration’s July 23 policy widening application of the “expedited removal” program to undocumented immigrants located anywhere in the country who entered over the past two years.

Previously, only migrants caught within 100 miles of the border who illegally entered within two weeks were subject to deportation without access to courts or lawyers.

[Trump administration to expand its power to deport undocumented immigrants]

Jackson ruled that the suing immigration advocacy groups, Make the Road New York, LUPE (La Unión del Pueblo Entero) and We Count!, were likely to prevail in ongoing litigation and show irreparable harm being suffered by their members, including many legal immigrants and asylum seekers who could be swept up and expelled from the country without legal recourse.

“The court’s decision to stop the expansion of this process will protect hundreds of thousands of longtime U.S. residents from being deported without a court hearing and prevents the country from becoming a ‘show me your papers’ regime,” said Trina Realmuto, directing attorney of the American Immigration Council, which argued the case alongside the American Civil Liberties Union.

Jackson rejected the Department of Homeland Security’s argument that it has authority under immigration law to bypass federal notice and rulemaking requirements, saying it was likely plaintiffs would be able to prove the sweeping change was “arbitrary and capricious, and therefore unlawful, because DHS failed to address significant flaws in the expedited removal system,” and because it ignored the impact of the expansion “on settled documented noncitizens and their communities.”

The ruling came hours after a federal judge in Los Angeles, U.S. District Judge Dolly M. Gee, separately blocked the Trump administration from implementing new rules vastly expanding its ability to detain migrant children with their parents for indefinite periods of time.

Nearly 300,000 of the approximately 11 million unauthorized immigrants in the United States could be subject to expedited removal, according to the nonpartisan Migration Policy Institute. The typical undocumented immigrant has lived in the United States for 15 years, according to the Pew Research Center.

In announcing the policy in July, acting Department of Homeland Security chief Kevin McAleenan said “the implementation of additional measures is a necessary response to the ongoing immigration crisis.”

In a statement Saturday, a Justice Department spokesman said, “Congress expressly authorized the Secretary of Homeland Security to act with dispatch to remove from the country aliens who have no right to be here. The district court’s decision squarely conflicts with that express grant of authority and vastly exceeds the district court’s own authority.”

Officials said the new strategy responds to an influx of Central Americans and others at the southern border. The change allows the U.S. government to crank up deportations despite huge backlogs in understaffed immigration courts and the high cost of prisonlike Immigration and Customs Enforcement detention centers.

[ICE’s chief called family detention ‘summer camp.’ Here’s what it looks like inside.]

Under the new policy, any immigrants apprehended in the United States would have to prove to immigration officials that they have lived inside the country continuously for the past two years, or they could end up in an immigration jail facing summary expulsion.

Immigration lawyers said the unprecedented expansion effectively makes U.S. agents both “judge and prosecutor,” denying immigrants due process before a judge or access to an attorney.

“Under this unlawful plan, immigrants who have lived here for years would be deported with less due process than people get in traffic court,” said ACLU Immigrant’s Rights Project director Omar Jadwat.

McAleenan, in a federal notice, wrote that the new rule “will reduce incentives” for migrants to enter the United States and swiftly move away from the border to avoid the faster deportation process.

Federal officials said they could make exceptions for people with serious medical conditions or “substantial connections” to the United States, and they said deportation is not necessarily immediate. Officials said they have safeguards in place for migrants who might be U.S. citizens or legal residents.

Asylum officers will interview immigrants who fear returning to their home countries, to determine whether they qualify for asylum or another form of protection, and they potentially could refer them to full deportation proceedings. Unaccompanied minors from non-neighboring countries are not eligible for speedy deportations under federal law.

The U.S. government invoked its authority to fast-track deportations of undocumented immigrants who arrived by sea in 2002, after the Sept. 11, 2001, terrorist attacks in New York and Washington. President George W. Bush expanded the program in 2004 to apply to all undocumented immigrants, however they entered the country, caught within 14 days within 100 miles of the border. The Bush administration said issuing removal orders deters migrants from trying to reenter the United States because it makes it easier to charge them criminally if they are caught again.

Expedited deportations soared from about 50,000 immigrants in 2004 to 193,000 in 2013, about 44 percent of the total number of people deported that year, according to the American Immigration Council.

Since 2017, the immigration-court caseload has spiked to more than 900,000 cases, and ICE has more than 50,000 migrants in custody each day, a record.

In her opinion, Jackson noted that DHS implemented its “New Designation policy” about 2½ years after Trump signed an executive order to expend expedited removals to the fullest extent possible shortly after his swearing in, without ever issuing a proposed rule or notice or soliciting public comment.

The Trump administration argued its new program is exempt from the Administrative Procedure Act’s public-comment requirements, and that DHS sought comments on the change when announcing its launch. It said the policy would take effect Sept. 1, but told the court it has not been applied yet.

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

More racially motivated “malicious incompetence,” more injunctions, more appeals, more confusion.

What if the same amount of time, energy, and resources were put into making the immigration system work in a fair and impartial manner in accordance with the Constitution?

PWS

09-28-19

PREDICTABLY, US DISTRICT JUDGE DOLLY GEE REJECTS TRUMP ADMINISTRATION’S BAD FAITH REGULATORY PROPOSAL TO TERMINATE FLORES AND ENABLE CHILD ABUSE BY THE GOVERNMENT – But, Will Feckless Supremes Once Again Short-Circuit The System & “Greenlight” Illegal & Immoral Actions Invidiously Directed At Asylum Seekers?

Maria Sacchetti
Maria Sacchetti
Immigration Reporter, Washington Post

 

https://www.washingtonpost.com/immigration/federal-judge-blocks-trump-administration-from-detaining-migrant-children-for-indefinite-periods/2019/09/27/49a39790-e15f-11e9-b199-f638bf2c340f_story.html

 

Maria Sacchetti reports for WashPost:

 

A federal judge in Los Angeles has blocked the Trump administration from activating new regulations that would have dramatically expanded its ability to detain migrant children with their parents for indefinite periods of time, dealing a blow to the president’s efforts to tamp down unauthorized border crossings.

U.S. District Judge Dolly M. Gee issued the permanent injunction Friday, hours after hearing arguments from the Justice Department and advocates for immigrants in a long-running federal case in the Central District of California.

Lawyers for the Justice Department had urged Gee to allow the Trump administration to withdraw from the Flores Settlement Agreement, a 1997 federal consent decree that sets basic standards for detaining migrant children. The decree led to a 20-day limit for holding children in detention facilities that have not been licensed by the states for the purpose of caring for minors.

[Trump administration moves to terminate court agreement, hold migrant children and parents longer]

President Trump has called Flores a “loophole” that has enabled hundreds of thousands of families, many from impoverished Central American countries, to cross the southern boundary and claim asylum. Those migrants generally are quickly released into the United States because of the 20-day limit on detaining children.

The Department of Homeland Security and the Department of Health and Human Services issued new rules in August that sought to terminate the settlement and lift the 20-day limit by allowing the federal government to license such facilities.

In the ruling Friday, Gee wrote that the regulations “fail to implement and are inconsistent with the relevant and substantive terms of the Flores Settlement Agreement,” and therefore cannot take effect, noting that the agreement is a binding contract that was never appealed.

“Defendants cannot simply ignore the dictates of the consent decree merely because they no longer agree with its approach as a matter of policy,” she wrote. “Defendants cannot simply impose their will by promulgating regulations that abrogate the consent decree’s most basic tenets.”

The Justice Department is widely expected to appeal the decision, but a spokesman for the department did not signal the administration’s next steps Friday.

“The Department of Justice is disappointed that the court is continuing to impose the outdated Flores Agreement even after the government has done exactly what the Agreement required: issue a comprehensive rule that will protect vulnerable children, maintain family unity, and ensure due process for those awaiting adjudication of their immigration claims,” a spokesman said. “The Trump Administration will continue to work to restore integrity to our immigration system and ensure the proper functioning of the duly enacted immigration laws.”

Withdrawing from the settlement is part of Trump’s “beautiful puzzle,” an assortment of tough immigration enforcement measures designed to reduce the flow of Central American families and unaccompanied minors streaming across the U.S.-Mexico border.

Rep. Joaquin Castro (D-Tex.), chair of the congressional Hispanic Caucus, hailed the ruling Friday.

“I am pleased that our justice system has stopped the Trump Administration plans to indefinitely detain families in prisonlike conditions,” Castro said. “This victory gives us hope and is a reminder to us all — elected officials, immigration lawyers, organizers, and advocates — to keep fighting. Flores is not a loophole — it’s a lifesaving standard that protects the basic rights and dignity of migrant children.”

Acting Homeland Security Secretary Kevin McAleenan, who has pushed for the termination of the Flores pact, said officials did not want to hold families longer than 50 days, but critics said the proposed regulations left open the possibility that minors could be detained for months or years.

More than 800,000 migrants have been taken into federal custody at the border this year, and the majority have been in family units. Advocates say they are fleeing dangerous and unstable regions in Central America’s “Northern Triangle,” the nations of Guatemala, Honduras and El Salvador.

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

Undoubtedly, Trump’s personal “Solicitor General,” Noel Francisco, will ask the Supremes to bypass the Ninth Circuit and endorse official child abuse. And, based on she Supremes’ majority’s totally spineless performance in allowing the “Let ‘Em Die In Mexico” program to proceed, notwithstanding its blatant Constitutional, statutory, and regulatory defects, why not? (Barr v. East Side Sanctuary Covenant). The Supremes are establishing themselves as “Trump’s Court” – a feckless and complicit body of judicial cowards — just like he arrogantly claims.

 

How many more kids and families will die, be mistreated, or scarred for life because the supposedly most powerful judges in our nation are afraid to stand up to lawless, immoral, and inhumane actions by Trump & his toadies?

 

PWS

09-27-19

CATHERINE RAMPELL @ WASHPOST: We’re ALL Complicit In Trump’s Destruction Of American Democracy!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/whos-to-blame-for-the-death-of-american-democracy-all-of-us/2019/09/23/a03ce862-de40-11e9-b199-f638bf2c340f_story.html

 

R.I.P. American democracy. You still had so much left to give! Whom should we blame for your untimely demise?

Understandably, many believe the coldhearted killer was President Trump. He has after all solicited foreign help to aid him in taking out a political rival — twice. He continues to accept payments from other foreign leaders and well-heeled business executives, who patronize his properties in clear hopes of influencing U.S. policy. He has refused to disclose his tax returns, necessary to determine whether the executive branch is working in his interest or the country’s. He has sought to punish perceived political enemies, minorities and other groups that dare cross him.

And so on. But is Trump truly the guilty party?

In my view, he’s the wrong, or at least an incomplete, answer to this particular whodunit.

Had the perpetrator been Individual 1 — and only Individual 1 — our dearly departed victim might still be alive, if perhaps wounded. The real answer is more of a Murder-on-the-Orient-Express-type conclusion: We all did it.

Unindicted co-conspirators in this heartless murder include Republican lawmakers. They have been led by Senate Majority Leader Mitch McConnell (Ky.), House Minority Leader Kevin McCarthy (Calif.) and former House speaker Paul D. Ryan (Wis.), who tolerated massacres of civil rights, of rule of law and of other democratic values and institutions, so long as the party got its federal judges or tax cuts.

They got lots of help from their colleagues. Even when those colleagues were on record as disapproving of the exact kinds of anti-democratic actions Trump acknowledges taking.

Recall that in June, Trump told ABC News’ George Stephanopoulos that he’d gladly accept dirt from a foreign power on a political rival, and asserted that all politicians do so. Republican lawmakers flatly condemned Trump’s approach to such foreign-offered “oppo research” and said that they’d go straight to the FBI if anyone ever made such an offer. Senators on the record expressing some version of this view include Majority Whip John Thune (S.D.), Lindsey O. Graham (S.C.), Joni Ernst (Iowa), Lisa Murkowski (Alaska), Cory Gardner (Colo.), Thom Tillis (N.C.), Marco Rubio (Fla.), John Cornyn (Tex.) and Mitt Romney (Utah).

Fast-forward to today. Now that the hypothetical appears to have come true, they’ve mostly fallen silent. Or worse: They’ve urged the Justice Department to investigate the political rival whom Trump sought a foreign power’s help in sullying, former vice president Joe Biden.

At best, you have Romney tweeting that “If the President asked or pressured Ukraine’s president to investigate his political rival, either directly or through his personal attorney, it would be troubling in the extreme.” Except that “if” is superfluous, given that Trump’s personal lawyer Rudolph W. Giuliani acknowledged this way back in May.

Trump’s lickspittle Cabinet officials are also implicated in the Trump-coordinated assault on democracy.

On Sunday, Secretary of State Mike Pompeo gave multiple interviews in which he suggested that Biden is the real party responsible for interfering in U.S. elections. (Umm, what?) Treasury Secretary Steven Mnuchin — who has elsewhere praised Trump’s “perfect genes” — likewise dismissed as “speculation” reporting that Trump directed Ukrainian leaders to investigate Biden. Even though Trump then appeared to confirm that “speculation” (and then reversed himself again on Monday).

Even former defense secretary Jim Mattis, out with a new book on leadership, ducked a question about whether it would be wrong for a president, any president, to ask foreign leaders to investigate political opponents.

Meanwhile, the media has also dropped the ball.

I don’t just mean Trump’s preferred propaganda outlet, Fox News. The rest of us have allowed the president to serve as our assignment editor. We spread his smears for him, and too often shy from coverage of any threat to democracy more technical than a tweet. At best, we ask Democrats what would, at last, count as an impeachable offense — but rarely direct such inquiries at Republicans, who, you know, actually stand in the way of a fair impeachment trial.

Democrats share some blame, too, feckless as they’ve been. They dragged their feet in demanding critical documents, including Trump’s tax returns. They failed to competently question petulant and obstructive witnesses such as former Trump campaign manager Corey Lewandowski. And they frequently seem more interested in attacking one another than holding Trump to account.

Given all this, can you really blame voters, disillusioned and disappointed as they are, for tuning out the onslaught on American democracy — and thereby contributing to its demise? Add them to the list anyway.

Yes, Trump has repeatedly, egregiously abused his power. He fired an arrow at the heart of our most cherished norms and institutions. But it took the rest of us to ensure that he hit his target.

 

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

I certainly see Catherine’s point. But, I have a few additional thoughts:

 

  • She fails to mention the key failure of the Supremes and many of the U.S. Courts of Appeals.
    • Starting with the whitewash of Trump’s invidiously discriminatory actions in the Travel Ban Case, and continuing with the disgraceful and cowardly 7-2 cop out in Barr v. East Side Sanctuary Covenant, the Supremes have a) showed a cowardly indifference to Constitutional rights of individuals, particularly refugees and migrants; and b) have failed to show necessary support for the U.S. District Judges who courageously have stood up against this Administration’s illegal actions;
    • With some exceptions, the Courts of Appeals have also failed to get the job done (particularly by not holding that the Immigration Courts as they exist in the DOJ are unconstitutional);
    • When all else fails, the Article III Courts are supposed to be our bulwark against tyranny – they have failed miserably to fulfill that critical constitutional duty.
  • It’s hard to see how those fighting tooth and nail against the Administration’s abuses, often with scant support from the courts, like the “New Due Process Army,” immigration advocates, pro bono lawyers, and anti-Trump religious organizations have been “complicit;”
  • Not all are equally complicit.
    • While the Dems have been somewhat feckless, you can’t really equate that with the evil of “Moscow Mitch”, Paul Ryan, and the GOP who have eagerly embraced Trump’s anti-American, racist agendas and continuous stream of false narratives;
    • Again, while “mainstream media” have undoubtedly made some mistakes, there is no equivalency with the maliciously false, racist, overtly corrupt White Nationalist agendas of Fox News, Breitbart, and other far right “news outlets” and vile right-wing racist operatives posing as “news commentators.”

 

PWS

09-24-19

 

 

“A REPUBLIC, MADAM, IF YOU CAN KEEP IT!” — Trump’s “Malicious Incompetence” Threatens Our Democratic Republican Institutions That Took Two Centuries To Build & Only A Little Over Two Years To Destroy! — “Trump will leave behind a banana republic, and his successor is going to have to fix it.”

Eugene Robinson
Eugene Robinson
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/the-hardest-job-for-the-next-president-may-be-fixing-trumps-mess/2019/09/16/e16216fe-d8bf-11e9-ac63-3016711543fe_story.html

Eugene Robinson writes in the WashPost:

I want to hear the Democratic presidential candidates explain, convincingly, how they’re going to beat Donald Trump. Then I want to hear how they propose to repair the devastating damage Trump has done to all three branches of government — and to our trust in our institutions.

First, Trump has to be sent packing. I shudder to think of what four more years of this chaos and decay would do to the nation. Trump is so unpopular, and has so neglected making any attempt to broaden his base, that the agenda of the eventual Democratic nominee is clear: motivate loyal Democratic constituencies to turn out in large numbers; win back at least some of the Rust Belt voters who chose Barack Obama in 2008 and Trump in 2016; and invite independents and anti-Trump Republicans along for the ride.

None of these tasks is mutually exclusive, and none involves rocket science. With just a couple of exceptions, I can see any of the Democrats onstage last Thursday getting the job done. But then would come the hard part.

Perhaps the most straightforward and least complicated undertaking, since it would be entirely within the next president’s purview, is rebuilding the executive branch from the corrupted ruin Trump will leave behind.

One of the most underreported stories about the Trump administration is its basic incompetence. Perhaps Trump’s biggest con of all was convincing his supporters that he was some sort of business wizard with a genius for management. In truth, the Trump Organization was a mom-and-pop family business that he repeatedly micromanaged to the brink of collapse. He is doing exactly the same with the government of the United States.

          

The White House itself is less like “The West Wing” than “Game of Thrones.” Courtiers vie for the favor of the Mad King, unable or unwilling to perform normal duties for fear of risking Trump’s ire. Usually, the White House is a place where information from outside sources is synthesized and digested so the president can make the best possible decisions. Under Trump, the flow is reversed — his whims, however ill-informed or contradictory or just plain loopy, are tweeted out and must be made into policy.

Agencies vital to our national security — including the Department of Homeland Security and the Federal Emergency Management Agency — lumber along, month after month, without permanent leadership. “It’s easier to make moves when they’re acting,” Trump has said, but really the situation reflects his own insecurity. By keeping his underlings weak and beholden only to him, he limits their power — and thus hamstrings the departments they nominally lead.

So the first job of the next president will be to restock the executive branch with the kind of competent, dedicated professionals who have served both Democratic and Republican administrations in the past. This will be a big endeavor, but it’s relatively straightforward.

More difficult is figuring out how to address the damage Trump has done to the legislative branch. With the help of Senate Majority Leader Mitch McConnell (R-Ky.), Trump has rendered Congress all but impotent. Even measures with upward of 90 percent public support, such as universal background checks for gun purchases, cannot get an up-or-down vote because Senate Republicans are so terrified of Trump’s displeasure.

Even if voters hand control of the Senate to Democrats, McConnell would still be able to use the Senate’s rules to delay, deflect and disrupt. In that eventuality, would the next president push Senate leaders to get rid of the filibuster? And if the Republicans retain Senate control, which is a very real possibility, do the Democratic candidates have ideas for going over, under, around or through McConnell to make Congress a functioning legislature once again?

Hardest of all will be fixing what Trump has done to the judicial branch. Trump and McConnell have confirmed more than 150 new federal judges, most of them far-right ideologues. Their impact on jurisprudence in the coming decades will be bad; their impact on public perception of the judiciary is already worse.

We need to be able to believe that justice is blind, that our judges are fair and impartial — including those who serve on the ultimate tribunal, the Supreme Court. Trump’s brazen court-packing threatens to shatter that belief, and I don’t know whether anything but probity and time can restore that faith.

Benjamin Franklin famously said the Constitutional Convention produced “a republic, if you can keep it.” Trump will leave behind a banana republic, and his successor is going to have to fix it.

Read more from Eugene Robinson’s archive, follow him on Twitter or subscribe to his updates on Facebook.

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Robinson echoes one of my recurring themes on Courtside: The “malicious incompetence” of the Trump Administration, particularly at DOJ, DHS, EPA, Commerce, the Department of Education, and the State Department.

I’m less sanguine than Robinson about the prospects of quickly rebuilding the career civil service, which was the “Jewel in the Crown” of the pre-Trump U.S. Government. Given the abusive treatment of civil servants, and the gross disrespect by Trump and the GOP for professional, expert civil servants, who will lightly take up such a career?

The knowledge that the next GOP President and his or her ideological hacks could trash careers and undo years of hard work almost overnight will make it difficult to recruit the “best and the brightest” to serve. GOP-inspired destruction of the one-time model Federal Retirement system has also demoralized workers, hampered recruitment, and done incredibly underestimated damage to our national security and well-being. The “race to the bottom” has become a familiar GOP theme.

The corruption of the Federal Judiciary will also be a long term problem, with some of the least well-suited and worst-qualified jurists in American history jammed through the Senate with the help of “Moscow Mitch.” 

PWS

09-17-19

RETIRED MILITARY LEADERS SPEAK OUT AGAINST TRUMP’S WANTON DESTRUCTION OF U.S. RFUGEE PROGRAM — “When we slam the door on refugees, we encourage other nations to do the same, contributing to a less compassionate and more dangerous world, one in which our military will increasingly be called to provide stability.”

Admiral Robert J. Natter
United States Navy Official photo of ADM (Line) [Now Retired] Robert J. Natter, Deputy Chief of Naval Operations for Plans, Policy and Operations N3/N5. As of August 1999.
Lt. Gen. Mark P. Hertling
Lt. Gen. (Ret.) Mark P. Hertling
U.S. Army

 

https://www.washingtonpost.com/opinions/2019/09/08/cutting-refugee-admissions-will-have-severe-consequences-us-military/

Admiral (Ret.) Robert J. Natter & Lt. General (Ret.) Mark P. Hertling write in WashPost:

Robert J. Natter is a retired U.S. Navy admiral who served as commander of the U.S. Atlantic Fleet and U.S. Fleet Forces from 2000 to 2003. Mark P. Hertling is a retired lieutenant general who served as commanding general of U.S. Army Europe from 2011 to 2012.

America was founded as a safe haven to persecuted people and a beacon of hope, liberty and freedom to people around the world. Those themes reflect our values, and the welcoming of refugees to our shores is one of our proudest legacies and a fundamental part of who we are as a nation.

As military leaders, we spent nearly four decades defending these values. But today, a core American legacy is at risk, as the Trump administration is reportedly considering issuing severe, unprecedented cuts — potentially even zeroing out — the bipartisan U.S. Refugee Admissions Program, the established legal means of entry for these deserving people.

This week, we joined a group of 27 retired generals and admirals — all of whom have been operational leaders in military conflicts and exhibited courage in defending our values on the battlefield — in writing to President Trump expressing grave concerns about the direction of this vital program.

That’s because for many of us, welcoming refugees is not just a matter of smart policy and a reflection of our national values; it is also personal. Many of us know these refugees: They worked for and with us in our fight against terrorists and insurgents. The tangible and significant improvements we were able to make in the lives of millions as well as efforts to protect our own soldiers, sailors and Marines would not have been possible without the dedicated efforts of thousands of Iraqi and Afghan interpreters, logisticians, engineers and others.

Many of those individuals were targeted because of their assistance to us. They and their families have often been threatened for working with coalition forces, yet they bravely continued in their service at every level from translating conversations at the infantry squad level to contributing to task-force-level diplomatic missions. They may claim different cultures and speak different languages, but they have all put their lives on the line along with our citizens as part of our team.

Many of our partners continue to live in fear, given the continued hazardous situations in various parts of the world. In Iraq alone, more than 100,000 await entry to the United States. We promised our Iraqi partners support and safety when they were shoulder to shoulder with us fighting a despicable enemy. If today we turn these people away, or reduce the numbers who are allowed entry, it will be extremely difficult to ask others to assist us in the future.

Providing safety to people who assist American troops is a core function of our refugee program, but it does not stop there. We are living in a moment of unprecedented global displacement. Of the nearly 26 million refugees across the globe, most are hosted by low- and middle-income countries bordering the unstable areas that people are fleeing. A small proportion of the most vulnerable — less than 5 percent — are selected for resettlement. In addition to humanitarian assistance, resettling refugees is a concrete way that the United States offers support to these countries, while also strengthening regional stability and reducing the risk that people will be forced to return to conflict zones.

We know firsthand that both the humanitarian and strategic consequences of conflicts in Iraq, Syria, the Balkans and East and West Africa would be much worse had neighboring countries closed their borders. We also know that conflicts can restart when refugees are sent home prematurely. Of the 15 largest returns of refugees since 1990, a third have resulted in the resumption of conflict and the slaughter of innocents.

When we slam the door on refugees, we encourage other nations to do the same, contributing to a less compassionate and more dangerous world, one in which our military will increasingly be called to provide stability.

Over the past 40 years, the United States has welcomed about 3 million refugees from around the world who have gone on to contribute to and strengthen this country in immeasurable ways. The average refugee admission level across both Republican and Democratic administrations is 95,000 annually. Yet in the last two years, admissions have plummeted 75 percent.

In the next two weeks, the president will decide how many refugees we will admit in 2020. That decision will determine whether we uphold America’s legacy as a haven for the persecuted, and it will send a powerful message to the world about who we are as a people. We strongly recommend that this lifesaving humanitarian program be restored to historic bipartisan-supported levels.

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“We also know that conflicts can restart when refugees are sent home prematurely. Of the 15 largest returns of refugees since 1990, a third have resulted in the resumption of conflict and the slaughter of innocents.”

So much for the Trump Administration’s “solution” of returning refugees and other forced migrants to danger zones in their own countries or to countries that are equally or more dangerous. Killing and abusing forced migrants through improper returns and “deterrents” intended to make them “die in place” is reminiscent of other types of “final solutions” that were disastrous for humanity. Only, this time, the U.S. is the “leader of the pack” downward rather than one of those fighting to save humanity.  

A thoroughly cowardly performance by Trump and his White Nationalist gang.

Also, for the more than four decades I have been involved in immigration and refugee issues, overseas refugee admissions have received overwhelming bipartisan support. What has happened to the GOP which suddenly has “swallowed the whistle” in the face of Trump’s cowardly White Nationalism?

It appears that retired military leaders, like former U.S. Immigration Judges, can make a “full time job” out of speaking out against the stupid, counterproductive, and inhumane policies of the Trump Administration.

PWS

09-10-19