🤮 SCOFFLAW WATCH: IN “A-B-III” A.G. GARLAND ORDERED ALL EOIR JUDGES TO APPLY THE BIA’S PRECEDENT MATTER OF A-R-C-G- (PSG/DOMESTIC VIOLENCE) — HIS BIA DIDN’T GET THE WORD, SAYS 3RD CIR  — Avila v. Att’y Gen.

 

Kangaroos
Mob chatter:
“Hey, anyone here know what an ARCG is?”
“No clue.”
“Some kind of boat?”
“Maybe we should ask Noah.”
“Don’t bother. The only rule we follow around here is ‘When in doubt, throw ‘em out!’”
“Isn’t that what the UN Handbook says, that ‘giving the benefit of the doubt’ means to ‘doubt that any benefit will ever be given?’”
“Yup, sounds right to me!”
“I don’t understand it. We’re overtly hostile to asylum seekers and their lawyers, we’ve tilted the playing field against them, yet they still come! Why?”
“Detain, discourage, deny, deport, deter, that’s our mission!”
“Where due process, fundamental fairness, and best practices go to die!”
“Precedents? We only follow the ones unfavorable to respondents!”
https://www.flickr.com/photos/rasputin243/
Creative Commons License

From: Ted Murphy
Sent: Thursday, September 14, 2023 10:09 AM
To: AILA Philadelphia List
Cc: Kaley Miller-Schaeffer
Subject: 3rd Circuit Precedent – PSG Honduras A-R-C-G-
Importance: High

 

Friends,

 

Please see the attached precedent decision from the 3rd Circuit today.  While the first 16 pages of the 21 page decision focus on CIMT issues, the final 4 pages are worth reading on PSG similar to A-R-C-G- that the BIA ignored.

 

Here, on the other hand, the BIA did not adhere to

Matter of A-R-C-G-’s requirement to examine Avila’s PSG

within the context of the specific country conditions in

Honduras. The BIA rejected Avila’s PSG for lack of

particularity without considering evidence in the record about

“widespread and systemic violence” against Honduran women,

“inconsistent legislation implementation, gender

discrimination within the justice system, and lack of access to

services.”109 Evidence in the record, including that “[l]ess than

one in five cases of femicide are investigated,… and the

average rate of impunity for sexual violence and femicide is

approximately 95%,” may have been relevant in examining

whether Avila’s proposed PSG was cognizable.110 Just as the

cultural attitudes toward gender were relevant in Matter of A-

R-C-G-, evidence in the record as to the “machismo culture” in

Honduras may be relevant to assessing whether Avila has a

cognizable PSG.111

 

Moreover, in Matter of A-R-C-G-, DHS conceded that

the proposed group “married women in Guatemala who are

unable to leave their relationship” was sufficient for a PSG

asylum claim.112 Given the similarity between that social group

and “Honduran women in a domestic relationship where the

male believes that women are to live under male domination,”

we must remand for the BIA to provide clarification as to its

application of Matter of A-R-C-G-, and to determine whether

Avila’s proposed PSG is cognizable in light of the specific

country conditions

.

We must also remand for the BIA to consider whether

Avila demonstrated a well-founded fear of persecution on

account of her PSG. The BIA determined that Avila’s PSG did

not “exist independently” of the harm alleged, as required

under Matter of M-E-V-G-113 and Matter of W-G-R-.114 Matter

of M-E-V-G- cites to this Court’s prior precedent in Lukwago

v. Ashcroft,115 which states that a PSG “must exist

independently of the persecution suffered by the applicant for

asylum.”116 However, Lukwago makes clear that in

determining whether a PSG exists independently of the

persecution suffered, the BIA must consider the PSG in the

context both of “past persecution” and a “well-founded fear of

persecution.”117 Here, the BIA did not consider whether Avila

had demonstrated that she had a well-founded fear of

persecution based on her past experiences of abuse and sexual

violence. Accordingly, we will remand for the BIA to consider,

in addition to whether Avila has suffered past persecution on

account of her PSG, whether she has demonstrated a well-

founded fear of future persecution.

 

In conclusion, on remand, the BIA should (1) clarify,

given the Government’s concession in Matter of A-R-C-G- that

the proposed group was sufficient for a PSG asylum claim, its

application of Matter of A-R-C-G- to the present case, and

consider Avila’s PSG in the context of evidence presented

about the country conditions in Honduras and (2) provide

guidance in applying both Matter of A-R-C-G- and Matter of

M-E-V-G- with respect to past persecution and a well-founded

fear of future persecution on account of membership in a PSG

 

Case was argued by Attorney Kaley Miller-Schaeffer.

 

Best regards,

 

Ted

Theodore J. Murphy, Esquire

Murphy Law Firm, PC

https://www2.ca3.uscourts.gov/opinarch/221374p.pdf

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

Once again, the BIA fails to follow its own precedent favorable to the respondent! Yet, in a Dem Administration they get away with mocking the rule of law in life or death cases, in a “court system” that the Dems “own.” Why?

WHO applies precedents and rules can be as important as the precedents and rules themselves! Failure to properly and uniformly apply legal rules that favor asylum seekers has become a chronic problem at EOIR. It’s one that Garland has yet to effectively and comprehensively address!

Many congrats to Kaley Miller-Schaefer and Murphy Law!

Kaley MIller-Schaefer ESQ
Kaley Miller-Schaefer ESQ
Partner
Murphy Law
PHOTO: Linkedin

🇺🇸Due Process Forever!

PWS

09-15-23

😢☠️ DACA: THE CRUELTY IS THE POINT — Right Wing Judges, GOP Politicos Take Aim @ America’s Future By Dumping On Dreamers!🤮   

The Cruelty Is The Point
“The Cruelty Is The Point”
IMAGE: Amazon.com
OLAFIMIHAN OSHIN
OLAFIMIHAN OSHIN
Staff Writer
The Hill
PHOTO: The Hill
Rebecca Beitsch
Rebecca Beitsch
Staff Writer
The Hill
PHOTO: pewtrust.org

OLAFIMIHAN OSHIN & Rebecca Beitsch report in The Hill:

https://thehill.com/regulation/court-battles/4203346-federal-judge-again-declares-daca-immigration-program-unlawful/

A federal judge for the second time found the DACA program unlawful, but held back from ordering the deportation of the nearly 600,000 people who remain in the country as “Dreamers.”

The Deferred Action for Childhood Arrivals program, first crafted with a 2012 memo under the Obama administration, was likewise found unlawful by federal District Court Judge Andrew Hanen in a similar ruling in 2021.

“While sympathetic to the predicament of DACA recipients and their families, this Court has expressed its concerns about the legality of the program for some time,” Hanen wrote in the 40-page ruling.

“The solution for these deficiencies lies with the legislature, not the executive or judicial branches. Congress, for any number of reasons, has decided not to pass DACA-like legislation.”

Given earlier challenges to the DACA program’s creation through a memo, the Department of Homeland Security (DHS) in 2022 underwent formal rulemaking to solidify the basis for the program.

But Hanen found while the government followed the law in undergoing notice and comment rulemaking, the new rule essentially carried the 2012 memo into a formal rule without addressing prior issues criticized by the court.

Last year the Fifth Circuit Court of Appeals, before remanding the case to Hanen, found broader issues with DACA, saying the policy was inconsistent with immigration processes laid out under the Immigration and Nationality Act.

Hanen pointed to that in his Wednesday ruling, noting that while the record underlying the new rule showed DACA to be beneficial to both recipients and the U.S. “DHS did nothing to change or resolve the substantive problems found by this court or the fifth circuit.The decision earned swift backlash from immigration advocates and spurred familiar calls for Congress to act.

. . . .

The decision earned swift backlash from immigration advocates and spurred familiar calls for Congress to act.

pastedGraphic.png“While expected, today’s court ruling is devastating. It impacts hundreds of thousands of immigrant youth and their loved ones, who have already endured years of uncertainty stemming from politicized attacks on DACA,”  Kica Matos, president of the National Immigration Law Center said in a statement.

“Congress has failed to pass a permanent legislative solution, and it is urgent that they act now. We cannot allow court rulings to continue to upend the lives of hundreds of thousands of immigrant youth whose home is here.”

The ruling comes months after a coalition of nine GOP-led states asked Hanen to end the federal program, referring to the program as “unlawful” and “unconstitutional.”

. . . .

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

Read the complete article at the link.

Once you get beyond GOP White Nationalist politicos and judges, DACA legislation is widely popular across the political spectrum. Yet, the GOP is happy to defy the common good, and, sadly, Dems are afraid to leverage and elevate DACA to a “Tier One” issue! So, a generation of younger talent that American needs for the future continues to “twist in the wind!” Stupid, cruel, wasteful!

🇺🇸 Due Process Forever!

PWS

09-14-23

🍂FALL FOLLIES: BIA FUMBLES BASIC STANDARDS FOR FUTURE FEAR AND INTERNAL RELOCATION, SAYS 6TH CIRCUIT — Lin v. Garland

Dan Kowalski reports for LexisNexis Immigration Community:

https://www.opn.ca6.uscourts.gov/opinions.pdf/23a0205p-06.pdf

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/ca6-on-future-fear-internal-relocation-lin-v-garland

“The question before us is whether the BIA’s determinations are supported by substantial evidence. As will be explained below, the BIA’s rationale does not allow us to make that determination. So we grant Lin’s petition and remand for further proceedings. … It is difficult to imagine that a reasonable person in Lin’s position, under the circumstances demonstrated in the record, would feel safe returning home. The determination that Lin failed to show a reasonable likelihood of individualized persecution in China is contravened by the record and compels us to conclude otherwise. … [H]ere, where we are left with no indication that the BIA undertook the appropriate inquiry and significant indications that it likely did not, remand for full consideration is proper.”

[Hats off to Henry Zhang!]

 

Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

cell/text/Signal (512) 826-0323

@dkbib on Twitter

dan@cenizo.com

Free Daily Blog: www.bibdaily.com

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

PWS: “Another “Big Whiff” by the BIA! Sounds like assembly line denials to me!”

HON. “SIR JEFFREY” CHASE: “Whether a reasonable person returning home would feel safe – the correct standard cited by the circuit, is rarely if ever applied by the current BIA. I would really love to see the IJ training material on this standard.”

This is life or death folks! Why isn’t getting it right at the “retail level” an urgent mission for the Government?

🇺🇸 Due Process Forever!

PWS

09-13-23

⚖️😎☹️ AFTER  RARE VICTORY FOR RESPONDENT IN MATTER OF  C-G-T- (UNWILLING/UNABLE TO PROTECT, POLICE REPORT, HIDING SEXUAL ORIENTATION), BIA REVERTS TO FORM BY DENYING ADJUSTMENT TO CONDITIONALLY PAROLED CUBANS (MATTER OF CABRERA-FERNANDEZ)   

 

Here’s the link to Matter of C-G-T-, 28 I&N Dec. 740 (BIA 2023):

https://www.justice.gov/eoir/page/file/1594626/download

Here’s the link to Matter of Cabreara-Fernandez, 28 I&N Dec, 747 (BIOA 2023):

https://www.justice.gov/eoir/page/file/1595041/download

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

This e-mail exchange among experts says it all about Cabrera-Fernandez:

Expert 1: Wow – they never miss a chance to hurt noncitizens, do they?

Expert 2: The cruelty is the point.

The Cruelty Is The Point
“The Cruelty Is The Point”
IMAGE: Amazon.com

With an available interpretation that would have allowed regularization of status, what purpose is served by devising a way to keep these otherwise qualified Cubans in limbo? Why would the DHS appeal a decision like this? Why would the BIA reward them for pursuing a result that is 1) inhumane, 2) undesirable, and 3) entirely avoidable with a little creativity and common sense (see, IJ in this case)?

No wonder we have backlogs everywhere an a dysfunctional system that nobody in charge seems interested in fixing — even when fixes are available and basically “cost free?” Better leaders and more enlightened decision-makers would be helpful.

🇺🇸Due Process Forever!

PWS

09-12-23

🏈😎 COURTSIDE SPORTS: JORDAN GETS OFF TO LOVELY START AGAINST BEARS, AS PACK PREVAILS  38-20 — So Far, So Good, As QB Throws 3 TDs, Converts 3rd Downs, No Errors, Shows Poise!

Jordan Love
Jordan Love
Quarterback
Green Bay Packers
PHOTO” Packer website

🏈😎 COURTSIDE SPORTS: JORDAN GETS OFF TO LOVELY START AGAINST BEARS, AS PACK PREVAILS  38-20 — So Far, So Good, As QB Throws 3 TDs, Converts 3rd Downs, No Errors, Shows Poise!

By Paul Wickham Schmidt

Courtside Sports Exclusive

September 10, 2023

For the first time in three decades, someone other than Brett Farve or Aaron Rodgers started at quarterback for the Packers in the NFL’s longest rivalry. The results were the same as the Pack downed “da Bears” for the ninth straight time, at Chicago’s Soldier Field on Sunday.

After three years as Rodgers’s understudy, Jordan Love (15-27-245-3-0, rating 123.2) looked much better than someone who had started only one previous NFL game (a loss vs the Chiefs). He threw three TDs, calmly converted key third and fourth downs, committed no turnovers, and looked like a poised veteran in every way. 

After a slow start that saw the Pack with a 10-6 halftime lead, Green Bay running back Aaron Jones dominated the third quarter with 105 running and receiving yards and a touchdown that essentially established the visitor’s control of the game. In a cautionary note for the green and gold, however, he left the game with an apparent hamstring injury. 

At least in the first game, the oft-maligned Packer defense performed like a unit that justified the large investment of draft picks over the past several years. The highlight was a 37-yard pick 6 by linebacker Quay Walker in the fourth quarter that put the game out of reach. (Walker, however, may have sustained a concussion while crossing the goal line for he score.) They basically neutralized Chicago’s athletic quarterback Justin Fields and his supposedly improved offense until the game was all but over.

It’s only one game, and, with due respect, “it’s only the Bears” who appear to be nearly as bad as last year’s league-worst team. But, a W is a W in the standings. Next up for the Pack: the Falcons, 24-10 winners over Carolina, at Atlanta. 

Go Pack Go!
Green Bay Packers
Green Bay Packers

🏈☹️ SPORTS: FICKELL’S “AIR RAID” CRASHES & BURNS IN PULLMAN, AS COUGARS MAUL BADGERS 31-22! — New Look, Same Problems!

🏈☹️ SPORTS: FICKELL’S “AIR RAID” CRASHES & BURNS IN PULLMAN, AS COUGARS MAUL BADGERS 31-22! — New Look, Same Problems!

By Paul Wickham Schmidt

Special To Courtside

September 10, 2023

Last year, the Washington State Cougars 17-14 upset of the Wisconsin Badgers at Camp Randall in Madison was the beginning of the end for then-coach Paul Chryst. This year, with new head coach Luke Fickell (previously Cincinnati) and a revamped passing-oriented offense, Badger fans were confident of a different result. 

Alas, the over-ranked #19 Badgers’ visit to the unfriendly Cougar’s den in Pullman, Washington ended in another disaster, a 31-22 loss to the “Rump PAC-12 orphan.” (Viewers must have seen the extreme irony in ABC’s insistence on flashing the soon to-be-defunct conference’s bogus “Conference of Champions” logo during commercial breaks!)

The look might be new, but the glaring problems that plagued the Badgers last season, leading to the demise of both Chryst and his interim replacement Jim Leonhard, remained. Underperforming running game (97 yards), lousy line play, inconsistent quarterbacking, turnovers, failure to produce them, and dumb penalties were all on full display for the visitors at Martin Stadium.

New Badger QB Tanner Mordecai, a transfer from SMU, might have looked good on paper (25-40-278-1-0, 129.1 rating). But, what the stats don’t show is two key fumbles lost, one giving  WSU a gift touchdown. Also, they mask a bunch of overthrows on potential TD passes or at least big gainers in a game where every yard was precious. His offense settled for three consecutive field goals when touchdowns were needed.

Perhaps jet-lagged, the bewildered Badgers sleep-walked through the first half, trailing 24-9 at the break. Then, in the third quarter, the Badgers dominated, pulling within a missed two-point conversion of tying the game, 24-22. 

The Badger defense also rose to the occasion, pinning the Cougars’ offense and their elusive QB Cam Ward back near their goal line. What appeared to be a clear game-tying safety was wiped out on a bad call that somehow passed replay. But, with the Cougars punting from the back of their end-zone, Chimere Dike’s return apparently set Wisconsin up on the State 35 with a great chance to take a lead. But, a dumb personal foul away from the ball moved them back near midfield.

Several plays thereafter, the normally sure-handed Badger running back, Chez Mellusi (12-49) fumbled the ball back to the Cougars. Again, the call on the field and the video replay were questionable, as Mellusi’s elbow appeared to be down before the ball began to come loose. Nevertheless, it was a “one-handed carry” where two hands on the ball were clearly necessary.

Still, all was not lost for Fickell’s team. The defense forced a key 3rd and 6 in Cougar territory. But, they inexcusably allowed Ward to hit Lincoln Victor for a first down at the Badger 45. That reawakened Ward and the Cougar offense who marched down the field for a touchdown that put the game out of reach, 31-22. Several Mordecai overthrows sealed the deal for the Cougs.

Washington State portrayed this matchup is an “audition” for a place in one of the so-called “power conferences,” as the PAC-12 (“the Conference of Champions”) ingloriously dissolves at the end of this season. Good luck with that. They and their fellow “orphans” at Oregon State appear to be victims of negligible media markets, modest alumni bases, and undersized stadiums. 

Power conference decisions these days are driven by media markets and greed, not athletic competition. That’s why the ACC recently snapped up Pac-12 football fumblers Cal and Stanford (7 total FB victories last year) over Washington State and Oregon State (17 total FB victories last year). The Cougars and Beavers likely are headed to the American Athletic Conference or some other “mid-major” refuge. Ironically, the good news is that Fickell showed the potential of good football at any level during his Cincinnati tenure when he led the AAC Bearcats to an appearance in the FBS playoffs, something that neither Wisconsin nor Washington State has ever achieved. 

Badger fans’ hopes for an immediate turnaround under Fickell were dealt a stunning setback. It’s still a work in progress, with more consistent quarterback play, better play from both the O and D lines, and better production from the running backs a necessity. In particular, the “no-show” performance of highly touted junior running back Braylon Allen was highly disappointing. Coming off a  141 yard, two touchdown performance against an admittedly overmatched Buffalo Bulls defense, he managed only 20 yards on seven carries against the more competent Cougar defenders. 

The Badgers dominated the third quarter, giving a glimpse of what this team’s potential might be. Yet, as Fickell well knows, building championship teams takes dominance of games, not just quarters.

Fortuitously, the Badgers have only one currently-ranked opponent (Ohio State) on their remaining schedule. The Bloated-10 Conference, in its wisdom, has stuffed all three of its national contenders, Ohio State, Michigan, and Penn State, into its artificially-created Eastern Division. This essentially guarantees that the euphemistically-named “Big Ten Championship Game” will not be a matchup of the two best teams in the conference. Therefore, the Badgers probably have as good a chance as anyone of “winning the West” and being sacrificed to one of these three in what is likely to be a highly lopsided  finale.

Next up for the Badgers, things could get easier with Georgia Southern (2-0) from the Sun Belt East visiting Camp Randall next Saturday. That will be Wisconsin’s last “warmup” before opening the Big-10 season against Purdue, last year’s West champs, at West Lafayette on Friday, September 22.

🇺🇸 PERSPECTIVE FROM HEATHER COX RICHARDSON: Don’t Let The Trump Gang’s Legal Shenanigans Deflect Focus From Biden’s Successful Initiatives To Restore America’s Prestige & Leadership On The World Stage!

Heather Cox Richardson
Heather Cox Richardson
Historian
Professor, Boston College

From Letters From An American 09-08-23:

https://open.substack.com/pub/heathercoxrichardson/p/september-8-2023?r=330z7&utm_medium=ios&utm_campaign=post

It turns out the special purpose grand jury of Fulton County, Georgia, created in May 2022 to investigate the attempt to disrupt the 2020 presidential election in Georgia, recommended criminal charges against more people than the 19 the traditional grand jury indicted in August. Their report, published today, shows that a majority of the 23-person special grand jury also recommended the state bring charges against South Carolina senator Lindsey Graham and the two Georgia senators in early 2020: David Perdue and Kelly Loeffler.

The special purpose grand jury also recommended charges against Trump lawyers Cleta Mitchell and Boris Epshteyn, Trump advisor Michael Flynn, and all the false electors.

In most of the votes, it appeared there was one staunch vote opposed to bringing charges against anyone associated with Trump.

Also today, U.S. district judge Steve C. Jones for the Northern District of Georgia denied the request of Trump’s former chief of staff Mark Meadows to move his prosecution to federal rather than state court. This is important. Meadows had argued that the crimes for which the Fulton County grand jury indicted him were part of his duties as a federal official. If the judge had agreed, the removal of his case to federal court would have enabled Meadows to argue that his case should be dismissed because his actions were part of his official duties. But the judge determined that Meadow’s actions were part of his work for the Trump campaign and thus could stay in state court.

To make his case, Meadows testified himself, a high-risk step that now leaves him, as legal analyst Harry Litman of the Los Angeles Times put it, “in a very bad place. He gambled heavily on winning & then getting immunity. Now his ability to cooperate w/ either Jack Smith or Fani Willis is a) of much less value & b) possibly even off the table. He is in a world of hurt.”

Meadows has already appealed.

Other defendants, including Trump himself, were hoping their cases would be removed to federal court, but the decision in Meadows’s case does not bode well for them.

It would be a shame if the growing legal troubles of the Trump conspirators overshadow the work of the Biden administration on the global stage this week as it seeks to counter the power and influence of China by supporting other countries in the region. Vice President Kamala Harris took the lead in a visit to Jakarta, Indonesia, where she participated in the U.S.–Association of Southeast Asian Nations (ASEAN) summit.

ASEAN is a political and economic group of 10 countries that, combined, have more than 600 million people. Within that group, different countries seek stronger ties either with the U.S. or with China, and Harris has become a key figure in the administration’s attempt to bolster U.S. interests there. This was her third trip to Southeast Asia as vice president and fourth to Asia.

In Jakarta, Harris told Chris Megerian of the Associated Press: “We as Americans…have a very significant interest, both in terms of our security but also our prosperity, today and in the future, in developing and strengthening these relationships.” She said the government must “pay attention to 10, 20, 30 years down the line, and what we are developing now that will be to the benefit of our country then.” Southeast Asia has a young population, with two thirds of it under 35; makes up the fourth-largest market for U.S. exports; and is a passageway for one third of global shipping.

As Harris returned to the U.S., Biden left for New Delhi, India, for the Group of 20 (G20) Leaders’ Summit. On Friday he and Indian prime minister Narenda Modi had a bilateral meeting, and on Saturday and Sunday he will participate in the G20 summit. The G20 is a forum made up of 19 countries and the European Union that works to address issues relating to the global economy. G20 countries are responsible for 85% of the world’s economy and 75% of the world’s trade. The G20 is meeting September 8–10 in New Delhi.

On Tuesday, National Security Advisor Jake Sullivan said that the U.S. focus at the G20 will be to emphasize the scaling up of development banks, especially the World Bank and the International Monetary Fund (IMF), which provide funding for developing countries. In August, Biden asked Congress to increase funding for the World Bank, and at the G20, Biden will call on G20 members “to provide meaningful debt relief so that low- and middle-income countries can regain their footing after years of extreme stress,” Sullivan said.

The U.S. will also emphasize the Partnership for Global Infrastructure and Investment (PGI), a collaborative effort by the Group of Seven (G7) put together in 2022 to fund infrastructure projects from rail to solar to supply chains in developing nations. The G7 is a political forum made up of Canada, France, Germany, Italy, Japan, the United Kingdom, the U.S., and the European Union (EU).

At the center of the G20 meeting is the issue of money for developing countries. In 2013, China launched the so-called Belt and Road Initiative (BRI) to invest in infrastructure development in more than 150 countries as part of its assumption of a greater role in world affairs. The U.S. and key allies, including Japan and Australia, saw the plan as an effort to tie world trade to China.

But now, economic troubles in the wake of the onset of the coronavirus pandemic have made BRI debt less attractive to borrowing countries, while China has tightened up lending to reduce its own risk in the midst of an economic downturn. China is planning a big celebration for the tenth anniversary of the initiative in October, but European leaders are not planning to attend. In August, Italy, which was the only G7 country to join BRI, announced it was withdrawing.

Meanwhile, China’s president Xi Jinping will not attend this week’s G20 for the first time since he took office in 2012, possibly signaling internal turmoil in China or Xi’s frustration with what he sees as its increasing orientation toward the U.S., especially the growing ties between the U.S. and India, which shares a contested 2,100-mile border with China. In his place, Premier Li Qiang, the second-ranking leader in the People’s Republic of China, will attend the meeting.

Xi appears to be focusing less on the G20 now and more on BRICS, a bloc of emerging economies that began in 2009 with four countries—Brazil, Russia, India, and China—and added South Africa in 2010. When the group suggested earlier this year that it might admit more member states, more than 40 expressed interest, and BRICS has invited six to join: Argentina, Egypt, Ethiopia, Iran, Saudi Arabia, and the United Arab Emirates.

Secretary of the Treasury Janet Yellen is with the president in New Delhi, where today she told the press that the U.S. is “committed to supporting emerging markets in developing countries” and outlined the ways in which the U.S. hopes to increase access to funds, especially to address climate change. She said the administration is asking Congress for $2.25 billion for the World Bank and a loan of up to $21 billion for the IMF, and is looking to find a way to provide debt relief for struggling countries.

After attending the G20, Biden will travel to Hanoi, Vietnam, as part of what national security advisor Jake Sullivan called “a vision for facing the 21st century together with an elevated and energized partnership.”

Russia is also part of the G20, but Russian president Vladimir Putin will not attend, sending foreign minister Sergey Lavrov instead. While that absence can be attributed to the increasing isolation of Putin and Russia by Russia’s invasion of Ukraine, there might also be a different source of tension between the normally cooperative Russia and India. Last month, both countries launched lunar probes. India’s landed successfully and has been completing scientific studies.

Russia’s crashed.

Notes:

https://www.documentcloud.org/documents/23944933-2022-ex-000024-ex-parte-order-of-the-judge-2

https://talkingpointsmemo.com/news/judge-denies-meadows-bid-to-remove-georgia-case-to-federal-court

https://www.theguardian.com/us-news/2023/sep/08/mark-meadows-georgia-election-charges

https://www.pbs.org/newshour/politics/in-southeast-asian-summit-kamala-harris-at-the-center-of-white-house-efforts-to-oppose-china

https://apnews.com/article/kamala-harris-indonesia-summit-34ad8477fc9b0afb1f17adf807dda475

https://apnews.com/article/harris-2024-election-vice-president-7ecabc8d9f0117edad8e83a0c37c9134

https://www.whitehouse.gov/briefing-room/statements-releases/2023/05/20/fact-sheet-partnership-for-global-infrastructure-and-investment-at-the-g7-summit/

https://www.globaltimes.cn/page/202308/1297328.shtml

https://www.rferl.org/a/g7-global-infrastructure-investment-plan-bri-china/31915926.html

https://www.cfr.org/blog/why-italy-withdrawing-chinas-belt-and-road-initiative

https://www.washingtonpost.com/business/2023/08/22/the-border-dispute-that-s-bedeviling-china-india-ties/3e86f86a-40cf-11ee-9677-53cc50eb3f77_story.html

https://www.cnn.com/2023/09/08/china/china-xi-g20-absence-global-governance-intl-hnk/index.html

https://www.whitehouse.gov/briefing-room/press-briefings/2023/09/08/press-gaggle-by-press-secretary-karine-jean-pierre-and-national-security-advisor-jake-sullivan-en-route-ramstein-air-base-germany/

https://www.whitehouse.gov/briefing-room/press-briefings/2023/09/08/press-gaggle-by-secretary-of-the-treasury-janet-yellen-ahead-of-the-g20-summit-in-india-new-delhi-india/

https://asia.nikkei.com/Editor-s-Picks/China-up-close/Analysis-Xi-reprimanded-by-elders-at-Beidaihe-over-direction-of-nation

https://abcnews.go.com/Politics/5-things-watch-biden-travels-india-g20-vietnam/story?id=102977070

https://www.wsj.com/articles/europe-avoids-chinas-belt-and-road-forum-keeping-a-distance-from-xi-and-putin-14f6253b

https://www.aljazeera.com/news/2023/8/29/putin-confirms-g20-absence-to-modi-congratulates-india-on-moon-landing

https://apnews.com/article/russia-moon-luna25-spacecraft-mission-33c9884c907998f06bf9562be6d47445

https://www.cnn.com/2023/09/07/world/india-lunar-lander-chandryaan-mission-obit-scn/index.html

https://www.chicagotribune.com/opinion/commentary/ct-column-brics-bloc-expansion-china-russia-western-alternative-shackelford-20230908-2slrpb52xnblppb3yrotkwtv7u-story.html

https://www.whitehouse.gov/briefing-room/press-briefings/2023/09/05/press-briefing-by-press-secretary-karine-jean-pierre-and-national-security-advisor-jake-sullivan-6/

Twitter (X):

harrylitman/status/1700278326902788237

MacFarlaneNews/status/1700305331392331999/photo/1

kyledcheney/status/17001500

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Forget the “age issue.” There is no way that narcissist Donald Trump and any of the “lesser clowns” 🤡 with whom he surrounds himself could represent America’s interests effectively on the world stage, particularly at this crucial point in time!

Watching low-key yet highly competent Secretary of State Tony Blinken working in Ukraine this week, there is no way that Pompeo could have pulled that off.  America needs a credible presence on the world stage. That’s one of many things that today’s insurrectionist, conspiracy theorist, Putin-appeasing GOP could never accomplish!  

Due Process Forever!

PWS

09-09-23

🗽⚖️🇺🇸⚔️🛡 ROUND TABLE (THANKS TO WILMER CUTLER PRO BONO) JOINS OTHER NGOS IN URGING SUPREMES TO PRESERVE MEANINGFUL JUDICIAL REVIEW FOR CANCELLATION!  (Wilkinson v. Garland) — Rae Ann Varona Reports for Law360:

Rae Ann Varona
Rae Ann Varona
Legal Reporter
Law360
PHOTO: Linkedin

Dan Kowalski over at LexisNexis Immigration Community helpfully forwarded the pdf’s of Rae Ann’s article and the three briefs. You can access them here:

Ex-Immigration Judges Back Trinidadian Man Before Justices – Law360

1718000-1718295-former eoir judges

1718000-1718295-domestic violence orgs

1718000-1718295-aila

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Our Round Table, with the help of some of the greatest litigators and law firms out there, continues to provide key support for the NDPA and timely expertise to the Federal Courts and father Executive on all levels!

🇺🇸Due Process Forever!

PWS

09-08-23

🏴‍☠️ 🤯 ABSURDIST SCOFFLAW TEX “GOV” ABBOTT BLOWN AWAY IN ROUND I OF “BUOY BATTLE!” — Texas Federal Judge Rejects Ludicrous “Invasion Defense!”

Priscilla Alvarez
CNN Digital Expansion 2019, Priscilla Alvarez
Politics Reporter, CNN

Priscilla Alvarez reports for CNN:

https://www.cnn.com/2023/09/06/politics/texas-mexico-border-water-barriers-migrants/index.html

CNN  —

A federal judge ordered Texas to remove floating barriers in the Rio Grande and barred the state from building new or placing additional buoys in the river, according to a Wednesday court filing, marking a victory for the Biden administration.

Judge David Alan Ezra ordered Texas to take down the barriers by September 15 at its own expense.

The border buoys have been a hot button immigration issue since they were deployed in the Rio Grande as part of Gov. Greg Abbott’s border security initiative known as Operation Lone Star. The Justice Department had sued the state of Texas in July claiming that the buoys were installed unlawfully and asking the judge to force the state to remove them.

In the lawsuit, filed in US District Court in the Western District of Texas, the Justice Department alleged that Texas and Abbott violated the Rivers and Harbors Appropriation Act by building a structure in US water without permission from United States Army Corps of Engineers and sought an injunction to bar Texas from building additional barriers in the river. The Republican governor, meanwhile, has argued the buoys are intended to deter migrants from crossing into the state from Mexico.

Texas swiftly appealed the judge’s order.

. . . .

Ezra also found Texas’ self-defense argument – that the barriers have been placed in the face of invasion – “unconvincing.”

. . . .

Ezra also found Texas’ self-defense argument – that the barriers have been placed in the face of invasion – “unconvincing.”

. . . .

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Read the rest of Priscilla’s report at the link.

Who knows how this will play out in the 5th Circuit and the Supremes, given the composition of those courts. But, at least for a day, Judge Ezra has brought some common sense and the rule of law to bear on out of control grandstanding Texas “Governor” Greg Abbott. 

In addition to being cruel and illegal, Abbott’s $140 million buoy boondoggle is predictably a failure from a deterrence standpoint. See, e.g., https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwi-5saEvpiBAxUXpIkEHU1VBwoQFnoECBoQAQ&url=https://www.livemint.com/news/texas-floating-border-wall-fails-to-deter-migrants-11693942981798.html&usg=AOvVaw0TX6bBkO0Fv0MezJLQPJkk&opi=89978449. (Although Abbott and his White Nationalist supporters falsely claim otherwise.) But, as my friends Dan Kowalski and Judge “Sir Jeffrey” Chase often say, effective deterrence isn’t the point — the cruelty and dehumanization is!

We should also remember that the vast majority of those whom Abbott and the nativists bogusly call “invaders” seek only to turn themselves in to U.S. authorities so they can exercise their clear legal rights to apply for asylum — rights that attach regardless of status or manner of entering the U.S. (Rights that also have improperly been diminished and impeded by the Biden Administration’s ill-advised asylum regulations, currently under legal challenge).  

If successful (under a legal system intentionally rigged against them), these so-called “invaders” will use their skills and work ethic to expand our economy and help Americans prosper while saving their lives and those of their families. To anybody other than Abbott and other White Nationalists, that sounds like a potential “win-win” that could and should be “leveraged” for everyone’s benefit!

Judge Ezra’s opinion in the aptly-named U.S. v. Abbott can be found here:

https://storage.courtlistener.com/recap/gov.uscourts.txwd.1172749163/gov.uscourts.txwd.1172749163.50.0.pdf?ftag=YHF4eb9d17

🇺🇸 Due Process Forever!

PWS

09-07-23

👩🏻‍⚖️ 🇺🇸⚖️🗽 — Judge Elise Manuel — One of The “Good Folks” @ EOIR — Retires From Bench — A Consistent, Courageous Voice For Scholarship, Due Process, & Excellence During An Anti-Immigrant, Anti-Asylum Era @ EOIR Actively Promoted & Instituted During The Trump Era!

 

Most recently, Judge Manuel served at the Annandale and “Legacy” Arlington Immigration Courts. Here’s her bio:

Attorney General Loretta E. Lynch appointed Judge Elise M. Manuel to begin hearing cases in March 2016. Judge Manuel earned a Bachelor of Arts degree in 1983 from Northwestern University and a Juris Doctor in 1987 from Georgetown University Law Center. From 1991 to February 2016, Judge Manuel served in various capacities on the Board of Immigration Appeals, Executive Office for Immigration Review, U.S. Department of Justice, including: as a temporary board member from 2012 to 2016; as an attorney-advisor from 2008 through 2012, from 1998 through 2005, and 1991 through 1995; as a team leader from 2005 through 2008; and as a senior panel attorney from 1995 through 1998. From 1987 through 1991, she was a staff attorney for the Legal Assistance Foundation of Chicago. Judge Manuel is a member of the Illinois State Bar.

There will be a Farewell Event for Judge Manuel at the Fairview Ballroom in Falls Church, VA, 5:30 pm to 8:00 pm on Thursday, September 7 (tomorrow). You can register at this link: https://ailadc.org/meet-reg1.php?mi=1265383&id=327

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Congratulations to Judge Manuel on a stellar career embodying “guaranteeing fairness and due process for all,” the one-time “EOIR Vision!” Judge Manuel was among the first group of managers I appointed to newly created supervisory positions during my time as BIA Chair. 

I trust that Judge Manuel will soon join us on the Round Table of Retired Immigration Judges & BIA Judges 🛡️⚔️ (contact my colleague Judge “Sir Jeffrey” Chase). There is “life after EOIR!”

Thanks for your service, Judge Manuel, and Due Process Forever!

PWS

09-06-23

🤯DOUBLE FAULT (NOT @ THE U.S. OPEN): BIA Screws Up Credibility (2d) & CIMT (9th)

Double Fault
Double faults are the bane of tennis pros, but all in a day’s work for the “semi pros” at the BIA.
PHOTO: YouTube

Dan Kowalski reports for LexisNexis Immigration Community:

CA2 on Credibility: Pomavilla-Zaruma v. Garland

https://www.ca2.uscourts.gov/decisions/isysquery/79e67d72-5394-48f3-a31d-354db6bb388e/1/doc/20-3230_opn.pdf

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/ca2-on-credibility-pomavilla-zaruma-v-garland

“Petitioner applied for asylum, withholding of removal, and protection under the Convention Against Torture. An immigration judge found Petitioner not credible and denied her application, relying in part on inconsistencies between Petitioner’s statements during a border interview and later testimony regarding her fear of persecution. However, the immigration judge failed to consider various factors that may have affected the reliability of the border interview record. Petitioner claims that she was frightened during the interview because a border patrol officer hit her and yelled at her upon her arrival to the United States. Petitioner may also have been reluctant to reveal information about persecution because authorities in her home country were allegedly unwilling to help her due to her indigenous status. Moreover, the questions asked during Petitioner’s border interview generally were not designed to elicit the details of an asylum claim. In Ramsameachire v. Ashcroft, 357 F.3d 169 (2d Cir. 2004), we cautioned immigration judges to consider these factors and others before relying on a border interview to find an asylum applicant not credible. Consistent with Ramsameachire and subsequent precedent, we hold that immigration judges are required to take such precautions, provided the record indicates that the Ramsameachire factors may be implicated. Accordingly, we GRANT the petition for review in part, VACATE the BIA’s decision, and REMAND the case for further proceedings consistent with this opinion.”

[Hats off to Reuben S. Kerben!]

 

Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

cell/text/Signal (512) 826-0323

@dkbib on Twitter

dan@cenizo.com

Free Daily Blog: www.bibdaily.com

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CA9 (2-1) on CIMT, J-G-P-: Flores-Vasquez v. Garland

https://cdn.ca9.uscourts.gov/datastore/opinions/2023/08/31/20-73447.pdf

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/ca9-2-1-on-cimt-j-g-p–flores-vasquez-v-garland

“Jose Luis Flores-Vasquez (“Flores-Vasquez”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal. He argues that the BIA erred in finding that his prior menacing conviction under Oregon Revised Statute § 163.190 constitutes a crime involving moral turpitude (“CIMT”), rendering him ineligible for cancellation of removal. We agree and grant this portion of the petition. … Here, … Matter of J-G-P- does not purport to reassess longstanding BIA and Ninth Circuit precedent concerning simple assault offenses, and because it misapplied that precedent, its conclusion is unreasonable. See id. PETITION FOR REVIEW GRANTED; REMANDED.”

[Hats off to Jonathan C. Gonzales!]

 

Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

cell/text/Signal (512) 826-0323

@dkbib on Twitter

dan@cenizo.com

Free Daily Blog: www.bibdaily.com

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

The problems continue for a “court” system lacking the necessary leadership, expertise, and due process focus!

🇺🇸 Due Process Forever!

PWS

09-05-23

🇺🇸🗽💪🏾COURTSIDE LABOR DAY SPECIALS:  1)  Heather Cox Richardson on The History of Labor Day; 2) Robert Reich on Resisting Bullies!

From today’s Substack:

Heather Cox Richardson
Heather Cox Richardson
Historian
Professor, Boston College

https://open.substack.com/pub/heathercoxrichardson/p/september-3-2023?r=330z7&utm_medium=ios&utm_campaign=post

September 3, 2023

HEATHER COX RICHARDSON

SEP 4, 2023

Almost one hundred and forty-one years ago, on September 5, 1882, workers in New York City celebrated the first Labor Day holiday with a parade. The parade almost didn’t happen: there was no band, and no one wanted to start marching without music. Once the Jewelers Union of Newark Two showed up with musicians, the rest of the marchers, eventually numbering between 10,000 and 20,000 men and women, fell in behind them to parade through lower Manhattan. At noon, when they reached the end of the route, the march broke up and the participants listened to speeches, drank beer, and had picnics. Other workers joined them.

Their goal was to emphasize the importance of workers in the industrializing economy and to warn politicians that they could not be ignored. Less than 20 years before, northern men had fought a war to defend a society based on free labor and had, they thought, put in place a government that would support the ability of all hardworking men to rise to prosperity.

By 1882, though, factories and the fortunes they created had swung the government toward men of capital, and workingmen worried they would lose their rights if they didn’t work together. A decade before, the Republican Party, which had formed to protect free labor, had thrown its weight behind Wall Street. By the 1880s, even the staunchly Republican Chicago Tribune complained about the links between business and government: “Behind every one of half of the portly and well-dressed members of the Senate can be seen the outlines of some corporation interested in getting or preventing legislation,” it wrote. The Senate, Harper’s Weekly noted, was “a club of rich men.”

The workers marching in New York City carried banners saying: “Labor Built This Republic and Labor Shall Rule it,” “Labor Creates All Wealth,” “No Land Monopoly,” “No Money Monopoly,” “Labor Pays All Taxes,” “The Laborer Must Receive and Enjoy the Full Fruit of His Labor,” ‘Eight Hours for a Legal Day’s Work,” and “The True Remedy is Organization and the Ballot.”

The New York Times denied that workers were any special class in the United States, saying that “[e]very one who works with his brain, who applies accumulated capital to industry, who directs or facilitates the operations of industry and the exchange of its products, is just as truly a laboring man as he who toils with his hands…and each contributes to the creation of wealth and the payment of taxes and is entitled to a share in the fruits of labor in proportion to the value of his service in the production of net results.”

In other words, the growing inequality in the country was a function of the greater value of bosses than their workers, and the government could not possibly adjust that equation. The New York Daily Tribune scolded the workers for holding a political—even a “demagogical” —event. “It is one thing to organize a large force of…workingmen…when they are led to believe that the demonstration is purely non-partisan; but quite another thing to lead them into a political organization….”

Two years later, workers helped to elect Democrat Grover Cleveland to the White House. A number of Republicans crossed over to support the reformer, afraid that, as he said, “The gulf between employers and the employed is constantly widening, and classes are rapidly forming, one comprising the very rich and powerful, while in another are found the toiling poor…. Corporations, which should be the carefully restrained creatures of the law and the servants of the people, are fast becoming the people’s masters.”

In 1888, Cleveland won the popular vote by about 100,000 votes, but his Republican opponent, Benjamin Harrison, won in the Electoral College. Harrison promised that his would be “A BUSINESS MAN’S ADMINISTRATION” and said that “before the close of the present Administration business men will be thoroughly well content with it….”

Businessmen mostly were, but the rest of the country wasn’t. In November 1892 a Democratic landslide put Cleveland back in office, along with the first Democratic Congress since before the Civil War. As soon as the results of the election became apparent, the Republicans declared that the economy would collapse. Harrison’s administration had been “beyond question the best business administration the country has ever seen,” one businessmen’s club insisted, so losing it could only be a calamity. “The Republicans will be passive spectators,” the Chicago Tribune noted. “It will not be their funeral.” People would be thrown out of work, but “[p]erhaps the working classes of the country need such a lesson….”

As investors rushed to take their money out of the U.S. stock market, the economy collapsed a few days before Cleveland took office in early March 1893. Trying to stabilize the economy by enacting the proposals capitalists wanted, Cleveland and the Democratic Congress had to abandon many of the pro-worker policies they had promised, and the Supreme Court struck down the rest (including the income tax).

They could, however, support Labor Day and its indication of workers’ political power. On June 28, 1894, Cleveland signed Congress’s bill making Labor Day a legal holiday.

In Chicago the chair of the House Labor Committee, Lawrence McGann (D-IL), told the crowd gathered for the first official observance: “Let us each Labor day, hold a congress and formulate propositions for the amelioration of the people. Send them to your Representatives with your earnest, intelligent indorsement [sic], and the laws will be changed.”

Notes:

https://www.dol.gov/general/laborday/history-daze

New York Times, September 6, 1882, p. 8.

New York Times, September 6, 1882, p. 4.

New York Daily Tribune, September 7, 1882, p. 4.

https://blogs.loc.gov/law/files/2011/09/S-730.pdf

https://history.house.gov/Historical-Highlights/1851-1900/The-first-Labor-Day/

Share

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Robert Reich
Robert Reich
Former US Secretary of Labor
Professor of Public Policy
CAL Berkeley
Creative Commons License

https://open.substack.com/pub/robertreich/p/personal-history-my-father-and-joe?r=330z7&utm_medium=ios&utm_campaign=post

My father and the SOBs

Ed Reich hated bullies.

ROBERT REICH

SEP 4, 2023

Friends,

I thought today, Labor Day, might be a good one to introduce my father, Ed Reich, and tell you a little about him and the values he passed along to me. Labor Day makes me think of him, because on Labor Day, he kicked the bigots out of our house.

Ed called himself a liberal Republican in the days when such creatures still roamed the earth. He voted for Thomas Dewey in 1948 (canceling my mother’s vote for Harry Truman) and then for Dwight Eisenhower in 1952 and 1956 (canceling my mother’s votes for Adlai Stevenson), and he thought highly of New York’s Republican governor, Nelson Rockefeller, and its Republican senator, Jacob Javits — neither of whom would last a nanosecond in today’s GOP.

But Ed Reich could not abide political bullies. He gave up on the Republican Party when Nixon became president. He would have detested Trump. (My father died in 2016, two weeks before his 102nd birthday, and nine months before Trump was elected.)

Ed thought anyone who had to bully someone else to feel good about himself was despicable. If they did their bullying through politics, they were doubly despicable. In his mind, political bullying had led to the Holocaust.

***

In 1947, Ed moved us from Scranton, Pennsylvania, to a small town some 60 miles north of New York City called South Salem, to be within driving distance of his two women’s clothing stores, in Norwalk, Connecticut, and Peekskill, New York.

On Labor Day, soon after we moved in, a delegation of older men came by our house. When they knocked on the door, my mother thought they were a welcoming committee and opened it with a big “hello!” But when she saw the expressions on their faces, she became alarmed.

She invited them into the living room and asked if they’d like coffee. They declined.

My father greeted them stiffly, suggesting they sit down. They did not.

“What’s this about?” he asked. “What’s happened? Is there a problem?”

“Mr. and Mrs. Reich,” one of them spoke gravely, “we’ve come to inform you that South Salem is a Christian community.”

There was a long pause. I could see my father redden.

“So, we’re not welcome here?” His voice was tight.

“Legally, you have a right to be here, of course,” the speaker said. (New York state had just enacted a law prohibiting homeowners from including “restrictive covenants” in their deeds that barred sales to “Negroes or Hebrews.”) “But we don’t think you and your family will be happy here.”

“Thank you for coming by,” my father said flatly, opening the front door for them. Then he exploded: “Now get the hell out of my house!”

That was the day Ed Reich decided we’d stay put in South Salem forever. “I showed those sons of bitches,” he said some years later.

“Son of a bitch” was the worst epithet Ed could hurl at someone. It burst out of him like a volcanic eruption. For many years, I didn’t know it contained separate English words, including a term many would find offensive today. To my young ears it was one word — sonofaBITCH — that might have been Russian or Yiddish, but whatever language it was, it was huge and frightening.

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WISCONSIN SENATOR JOE McCARTHY HAD A SPECIAL PLACE in Ed Reich’s pantheon of horrible people. McCarthy didn’t just bully those he claimed were members of the Communist Party. He attacked them with malice. McCarthy ridiculed the “pitiful squealing” of “those egg-sucking phony liberals” who “would hold sacrosanct those Communists and queers.”

Every time McCarthy’s image came across the six-inch screen of the Magnavox television in our living room, my father would shout “son-of-a-BITCH” so loudly it made me shudder.

McCarthyism was the byproduct of the Republican Party’s postwar effort to eradicate the New Deal by linking it to communism. The GOP had portrayed the midterm election of 1946 as a “battle between Republicanism and communism.” The Republican National Committee chairman claimed that the federal bureaucracy was filled with “pink puppets.”

Southern segregationist Democrats joined in the red baiting. Mississippi Senator Theodore Bilbo, a Klansman who had filibustered to block anti-lynching legislation, described multiracial labor unions’ advocacy for civil rights as the work of “northern communists.” Representative John Elliott Rankin, a racist and antisemitic Mississippi Democrat who helped establish the House Un-American Activities Committee, called the CIO’s southern organizing campaign “a communist plot” and charged it would give more voting rights to Black people. “We’re asleep at the switch,” he warned. “They’re taking over this country; we’ve got to stop them if we want this country.”

The tactic was temporarily successful. In the 1946 midterms, Democrats lost control of both the Senate and the House. Wisconsin ended its era of progressive Republican La Follettes and sent Joe McCarthy to the Senate. California replaced New Dealer Jerry Voorhis with a young Republican lawyer who had already figured out how to use red baiting as a political tool. His name was Richard Nixon.

In December 1946, at the founding convention of the Progressive Citizens of America, FDR’s former vice president Henry Wallace called the red scare a tool used by the most powerful economic forces in America and warned America not to give in to it. “We shall … repel all the attacks of the plutocrats and monopolists who will brand us as Reds,” he said, adding:

“If it is traitorous to believe in peace — we are traitors. If it is communistic to believe in prosperity for all — we are communists. If it is unAmerican to believe in freedom from monopolistic dictation — we are unAmerican. We are more American than the neo-fascists who attack us. The more we are attacked the more likely we are to succeed, provided we are ready and willing to counterattack.”

But there was no counterattack. The red baiting escalated, encouraged by J. Edgar Hoover, the first director of the FBI.

President Truman succumbed to the mounting hysteria. On March 21, 1947, he signed Executive Order 9835, the “Loyalty Order.” It ushered in loyalty oaths and background checks and created the Attorney General’s List of Subversive Organizations.

As the 1950 election approached, a Times headline announced that the “Left is Silent in Campaign.” Even the American Civil Liberties Union, whose roots lay in the Red Scare of the World War I era, was reluctant to take the lead in opposing the threat to civil liberties in the second Red Scare of the 1950s.

California Representative Helen Gahagan Douglas — dubbed the “Pink Lady” for her supposed communist sympathies — tried for the Senate in 1950. She survived a bitter primary battle only to be beaten in November by red-baiter Richard Nixon.

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ON JUNE 9, 1954, I SAT AT MY FATHER’S SIDE ON OUR LIVING ROOM COUCH, watching the Army-McCarthy hearings. McCarthy had accused the U.S. Army of having poor security at a top-secret facility.

Joseph Welch, a private attorney, was representing the Army. McCarthy charged that one of Welch’s young staff attorneys was a communist. Such a charge was likely to end the young man’s career.

“Son-of-a-BITCH,” my father shouted. I hid my head.

As McCarthy continued his attack on Welch’s staff attorney, Welch broke in. “Until this moment, Senator, I think I never really gauged your cruelty or your recklessness.”

I was only eight years old, but I was spellbound.

McCarthy didn’t stop. “Son-of-a-BITCH!” Ed Reich shouted even more loudly. The earth seemed to shake.

At this point, Welch demanded that McCarthy listen to him. “Let us not assassinate this lad further, Senator,” he said. “You have done enough. Have you no sense of decency?”

Almost overnight, McCarthy imploded. His national popularity evaporated. Three years later, censured by his Senate colleagues, ostracized by his party, and ignored by the press, McCarthy drank himself to death, a broken man at the age of 48.

***

During the Army-McCarthy hearings, McCarthy’s chief counsel was Roy Cohn. Cohn became one of America’s most notorious bullies.

Cohn had gained prominence as the Department of Justice attorney who successfully prosecuted Julius and Ethel Rosenberg for espionage, leading to their execution in 1953. (Evidence made public decades after the execution confirmed that Julius was a spy, but that Ethel, while aware of her husband’s activities, was not.)

In public, Cohn was homophobic. Privately, he was gay at a time when being gay was a crime. A character in Tony Kushner’s epic Angels in America describes him as “the polestar of human evil. The worst human being who ever lived … the most evil, twisted, vicious bastard ever to snort coke at Studio 54.” His bullying was particularly vicious, I think, because he was filled with self-loathing.

The Rosenberg trial brought the 24-year-old Cohn to the attention of J. Edgar Hoover, who convinced Joe McCarthy to hire Cohn as chief counsel for McCarthy’s Senate Permanent Subcommittee on Investigations. Cohn became known for his aggressive questioning of suspected communists.

My father thought Roy Cohn almost as despicable as Joe McCarthy. “Son-of-a BITCH!” my father shouted whenever Cohn’s name was in the news.

After McCarthy’s downfall, it was assumed that Cohn’s career was also over. Yet Cohn reinvented himself as a power broker in New York. Despite scandals and indictments, along with accusations of tax evasion, bribery, and theft, Cohn survived.

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COHN PROVED HIMSELF USEFUL TO A YOUNG REAL ESTATE DEVELOPER NAMED DONALD TRUMP. Fred Trump had started his son’s career by bringing him into the family business of renting apartments in Brooklyn and Queens.

Cohn established Donald in Manhattan by introducing him to New York’s social and political elite. Donald was undertaking several large construction projects in Manhattan and needed both a fixer and mentor. Cohn filled both roles, and along the way bequeathed to Trump a penchant for ruthless bullying, profane braggadocio, and opportunistic bigotry.

Like Trump, Cohn was utterly without principle. Like Trump, his priority was personal power that could be leveraged for wealth, influence, and celebrity.

In 1973, the Justice Department accused Trump Management Inc., its 27-year-old president, Donald, and chairman, Fred, of violating the Fair Housing Act of 1968 in 39 of his properties — alleging that the company quoted different rental terms and conditions to prospective tenants based on their race and made false “no vacancy” statements to Black people seeking to rent.

Trump employees had secretly marked the applications of Black people with codes, such as “C” for “colored,” according to accounts filed in federal court. The employees allegedly directed Black people away from buildings with mostly white tenants, steering them toward properties that had many Black tenants.

Representing the Trumps, Roy Cohn filed a countersuit against the government for $100 million, asserting that the charges were “irresponsible and baseless.” Although the countersuit was unsuccessful, Trump settled the charges out of court in 1975, asserting he was satisfied that the agreement did not “compel the Trump organization to accept persons on welfare as tenants unless as qualified as any other tenant.”

Three years later, when the Trump Organization was again in court for violating terms of the 1975 settlement, Cohn called the charges “nothing more than a rehash of complaints by a couple of planted malcontents.” Donald Trump denied the charges.

Cohn was also involved in the construction of Trump Tower, helping secure concrete during a citywide Teamster strike via a union leader linked to a mob boss.

At about this time, Cohn introduced Trump to another of Cohn’s clients, Rupert Murdoch.

During Ronald Reagan’s 1980 presidential campaign, Cohn helped another young man named Roger Stone.

As Stone later recounted, Cohn gave him a suitcase filled with money that Stone dropped off at the office of a lawyer influential in Liberal Party circles. “I paid his law firm. Legal fees. I don’t know what he did for the money.” In fact, the money was used to get New York’s Liberal Party to nominate Illinois Congressman John Anderson — thereby splitting New York’s opposition to Reagan. It worked. Reagan carried the state with 46 percent of the vote. (Ed Reich voted for Jimmy Carter.)

In 1986, Cohn was disbarred by the New York State Bar for unethical conduct after attempting to defraud a dying client by forcing the client to sign a will amendment leaving Cohn his fortune. (Cohn died five weeks later from AIDS-related complications.)

In his first and best-known book, The Art of the Deal, Trump drew a distinction between integrity and loyalty. He preferred the latter.

For Trump, Roy Cohn exemplified loyalty. Trump compared Cohn to “all the hundreds of ‘respectable’ guys who make careers out of boasting about their uncompromising integrity but have absolutely no loyalty … What I liked most about Roy Cohn was that he would do just the opposite.”

Ed Reich would vehemently disagree.

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Happy Labor Day 2023 to all!😎

It’s a time to remember and appreciate all the workers, regardless of status, whose labors make America great!

"Reflections"
“Reflections”
Linekin Bay, ME
Labor Day 2023

🇺🇸 Due Process Forever!

PWS

09-04-23

STUART ANDERSON @ FORBES WITH SOME COMMON SENSE ADVICE: “Let ‘Em Work!” — “There are labor shortages in many U.S. industries, where employers are prepared to offer training and jobs to individuals who are authorized to work in the United States.”💡

Stuart Anderson
Stuart Anderson
Executive Director
National Foundation for American Policy
PHOTO:Linkedin

Parole programs and other legal pathways reduce illegal entry and are more humane. “Latin American experts say it is wrong to assume immigration enforcement policies can override the human instinct to leave untenable circumstances and seek a better life.” #immigration #asylum #asylumseekers

https://www.linkedin.com/feed/update/urn:li:activity:7103429953483849728?updateEntityUrn=urn%3Ali%3Afs_updateV2%3A%28urn%3Ali%3Aactivity%3A7103429953483849728%2CFEED_DETAIL%2CEMPTY%2CDEFAULT%2Cfalse%29&lipi=urn%3Ali%3Apage%3Ad_flagship3_myitems_savedposts%3Bb2bYzbhpTP2VzgwEtxkzqQ%3D%3D

 

New York City business leaders have asked the Biden administration to provide more federal aid and expedite work permits for asylum seekers. If asylum seekers could work, they would likely find their own housing, which would ease the burden on New York and other city governments. Businesses around the country seek more workers to fill positions. Advocates recommend policies that would provide a more comprehensive solution amid an historic refugee crisis that analysts consider unlikely to be addressed through enforcement-only policies.

A Plea From Businesses

“The New York business community is deeply concerned about the humanitarian crisis that has resulted from the continued flow of asylum seekers into our country,” according to an August 28, 2023, letter from the Partnership for New York City to President Biden and Congressional leaders. “We write to support the request made by New York Governor Hochul for federal funding for educational, housing, security and health care services to offset the costs that local and state governments are incurring with limited federal aid.

“In addition, there is a compelling need for expedited processing of asylum applications and work permits for those who meet federal eligibility standards. Immigration policies and control of our country’s border are clearly a federal responsibility; state and local governments have no standing in this matter. There are labor shortages in many U.S. industries, where employers are prepared to offer training and jobs to individuals who are authorized to work in the United States.”

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Read the complete article at the link.

For each of my classes in Immigration Law & Policy @ Georgetown Law, the students were required to find and report on an item relating or illustrating the topic for the class. Stuart Anderson was one of the “most reported on” sources! I think it’s because his writing is so clear, understandable, and sensible to all audiences!

Immigration affects everything and is a key to a better future for all. That’s why it’s a shame Dems aren’t willing to tout it, instead basically ceding the issue to GOP restrictionists. Big mistake, in my view!

🇺🇸  Due Process Forever!

PWS

09-03-23

🇺🇸⛵️LABOR DAY PICTORIAL FROM LINEKIN BAY, MAINE!

Sailing vessels anchored in Linekin Bay -- Labor Day Weekend 2023
Sailing vessels anchored in Linekin Bay — Labor Day Weekend 2023
Windjammer American Eagle anchored just off the Schmidt Family Dock
American Eagle anchored just off the Schmidt Family Dock
08-31-23
First Fire
First Fire in newly refurbished historic fireplace!
08-31-23
Ready for Game Day
Ready for Game Day!
08-31-23

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“Fun facts” about the Windjammer American Eagle:

Let’s go sailing

A sailing vacation on the American Eagle is right for just about everyone—couples, friends, families with children, ages 12 and up, and independent travelers. There is an easy congeniality on board that makes for instant relaxation and great camaraderie.

Captain Tyler King has been sailing and working on boats since he was very small spending most summers sailing all around Massachusetts Bay and up beyond Penobscot Bay. He has been in the Windjamming fleet since 2013, working on quite a few of the vessels. The American Eagle sails Down East on four to six day cruises. Sometimes longer adventures of 9 to 14 days to the Canadian Maritimes or tall ship events

are planned. Spectacular scenery, wildlife, lighthouses, and wonderful meals, including an island lobster bake are part of every trip.

Each cruise is a unique adventure: exciting sailing at an affordable price. Most of our guests have sailed with us before or come on the recommendation of a friend.

Board after 6 p.m. on the trip date, settle\ in and sleep aboard that night before we sail the next morning. Pack casual, comfortable clothes, and two pair of rubber soled shoes (no high heels, flip flops, golf shoes, or dress whites, please). Rain gear, a warm sweater or jacket, a sun hat and sunscreen are musts. Bring your camera; you’ll take a lot of pictures.

You are encouraged to follow our course on the chart, take the wheel and sail the schooner. Or, kick back, bask in the sun, and read. As for the sailing—well, that’s just one reason our guests keep returning. But don’t take our word for it—try it for yourself!

A few facts to know before you sail

  • The American Eagle accommodates 26 guests and is 92 feet on deck. She’s the only National Historic Landmark vessel to meet international safety standards.
  • Single cabins are available upon request.
  • All cabins have reading lights, fresh linens, hotand cold running water, 12-volt outlets, and places

    to hang your clothes.

  • Toilets and a separate fresh hot water shower areconveniently located below deck; you can walk through

from the galley to most cabins.

  • We heat the compartments below for comfortearly and late in the season.
  • There’s no smoking below deck. Electronics may beused only with headphones.
  • There’s convenient air, van and bus servicedirectly to Rockland.
  • We offer free parking right on our own wharf.We even have room to plug in your RV!

We take MasterCard, Visa and Discover. Contact us with any questions.

Captain Tyler R. King • Schooner American Eagle P.O. Box 482, Rockland, Maine 04841

1-800-648-4544 info@schooneramericaneagle.com

🇺🇸 Happy Labor Day & Due Process Forever!

PWS

09-01-23