UNFORTUNATELY, AMERICA HAS A LONG HORRIBLE HISTORY OF INFLICTING CHILD ABUSE ON FAMILIES OF COLOR: Don’t Kid Yourself, That’s Exactly The Ugliness Of Our Past That Trump, Sessions, Nielsen, Miller & Their Restrictionist Apologists/Enablers Are Recreating Today! – The Only Real Issue Is How Many Of Us Will Be Complicit In Their Ugliness?

https://www.washingtonpost.com/news/retropolis/wp/2018/05/31/barbaric-americas-cruel-history-of-separating-children-from-their-parents/?utm_term=.90aaf24758e8

DaNeen Brown writes for the Washington Post:

A mother unleashed a piercing scream as her baby was ripped from her arms during a slave auction. Even as a lash cut her back, she refused to put her baby down and climb atop an auction block.

The woman pleaded for God’s mercy, Henry Bibb, a former slave, recalled in an 1849 narrative that is part of “The Weeping Time” exhibit at the Smithsonian’s Museum of African American History and Culture, which documents the tragic history of children being separated from their parents during slavery. “But the child was torn from the arms of its mother amid the most heart-rending shrieks from the mother and child on the one hand, and the bitter oaths and cruel lashes from the tyrants on the other.”

Her mother was sold to the highest bidder.

Enslaved mothers and fathers lived with the constant fear that they or their children might be sold away.

“Night and day, you could hear men and women screaming … ma, pa, sister or brother … taken without any warning,” Susan Hamilton, another witness to a slave auction, recalled in a 1938 interview. “People was always dying from a broken heart.”

The Trump administration’s current crackdown on families that cross the border illegally has led to hundreds of children, some as young as 18 months, being separated from their parents. The parents are being sent to federal jails to face criminal prosecution while their children are being placed in shelters operated by the Department of Health and Human Services. Often, the children have no idea where their parents are or when they will see them again.

The policy has generated outrage among Democrats and immigration advocates. And it has conjured memories of some of the ugliest chapters in American history.

“Official US policy,” tweeted the African American Research Collaborative over the weekend. “Until 1865, rip African American children from their parents. From 1870s to 1970s, rip Native American children from their parents. Now, rip children of immigrants and refugees from their parents.”

Henry Fernandez, co-founder of the collaborative and a senior fellow at the Center for American Progress, said he drafted the tweet based on his research into several periods in U.S. history when government officials sanctioned the separation of children from their parents, including during slavery.

Another period of family cruelty, Fernandez said, began in the late 1800s and lasted well into the 1970s, when indigenous children across the country were forcibly separated from their families and sent to “Indian schools.” At the boarding schools, the children were required to assimilate. They were stripped of their language and culture. Often they were physically and sometimes sexually abused.

“In each case, we look back at the programs as barbaric,” Fernandez said. “History will similarly consider the Trump administration’s ripping children from their parents as an unconscionably evil government action.”

According to the Smithsonian’s National Museum of the American Indian, beginning in the late 1800s, thousands of American Indian children were sent to government-run or church-run boarding schools.

“Families were often forced to send their children to these schools, where they were forbidden to speak their Native languages,” according to the museum.

The exhibit includes a quote from Richard Henry Pratt, founder of the Carlisle Indian Industrial School: “In Indian civilization I am a Baptist,” Pratt wrote, “because I believe in immersing the Indian in our civilization and when we get them under, holding them there until they are thoroughly soaked.”


A teacher and students at the Carlisle Indian Industrial School in Pennsylvania in 1901. (Library of Congress)

At boarding schools, “children were forced to cut their hair and give up their traditional clothing,” according to the museum. “They had to give up their meaningful Native names and take English ones. They were not only taught to speak English, but were punished for speaking their own languages. Their own traditional religious practices were forcibly replaced with Christianity. They were taught that their cultures were inferior. Some teachers ridiculed and made fun of the students’ traditions. These lessons humiliated the students and taught them to be ashamed of being American Indian.”

“They tell us not to speak in Navajo language. You’re going to school. You’re supposed to only speak English. And it was true. They did practice that, and we got punished if you was caught speaking Navajo,” John Brown Jr., a Navajo who served in World War II as a code talker, using his Navajo language for tactical communications the Japanese could not decode, told the National Museum of the American Indian in a 2004 interview.

“When we got talking, ’cause we’re not allowed to talk our tribal language, and then me and my cousin, we get together and we talk in Indian, we always hush up when we see a teacher or faculty coming,” Charles Chibitty, a Comanche code talker, told the museum in 2004. “And then we always laughed and said, ‘I think they’re trying to make little white boys out of us.’ ”


Government Indian school on the Swinomish Reservation in La Conner, Wash., in 1907. (Library of Congress)

Until the end of the Civil War, it was common for slave owners to rip families apart by selling the children or the parents to other slave owners.

“Along with ongoing rape and the use of the whip to discipline human beings,” Fernandez said, “destroying families is one of the worst things done during slavery. The federal government maintained these evils through the fugitive slave laws and other rules which defined African Americans as property with which a slave owner could do whatever they wanted.”

Each of these U.S. policies, Fernandez said, begins with the assumption “that the idea of family is simply less important to people of color and that the people involved are less than human. To justify ripping families apart, the government must first engage in dehumanizing the targeted group, whether it is Native Americans, African Americans or immigrants from Central America fleeing murder, rape, extortion and kidnapping.”

Trump, he noted, dehumanized immigrant children by saying, “ ‘They look so innocent. They’re not innocent.’ ”

“There is no question these children are innocent,” Fernandez said, “but Trump associates them with the idea that these are not like your children and thus less than human.”

Slave narratives reveal the heart-wrenching stories of children taken from families.

According to the Maryland State Archives:  “For most slave children, the separation from their parents and the siblings was the hardest aspect of being sold. Slaves went to great lengths to keep their family together, but there was often limits to what they could do.”

The report includes a narrative from Charles Ball, who was enslaved as a child and remembered the day he was sold away from his mother.

“My poor mother, when she saw me leaving her for the last time, ran after me, took me down from the horse, clasped me in her arms, and wept loudly and bitterly over me,” Ball recalled. “My master seemed to pity her and endeavored to soothe her distress by telling her that he would be a good master to me, and that I should not want anything.”

Still, his mother would not let go. She walked beside the horse, begging the slave owner to buy her and the rest of her children.

“But whilst thus entreating him to save her and her family,” Ball recalled, “the slave-driver, who had first bought her, came running in pursuit of her with a raw hide in his hand. When he overtook us, he told her he was her master now and ordered her to give that little Negro to its owner and come back with him. My mother then turned to him and cried, ‘Oh, master, do not take me from my child!’ Without making any reply, he gave her two or three heavy blows on the shoulders with his raw hide, snatched me from her arms, handed me to my master, and seizing her by one arm, dragged her back towards the place of sale.”

After the end of the Civil War, thousands of former slaves looked for lost relatives and children who had been sold away from their families. They placed thousands of ads in newspapers.


Mary Bailey searches for her children, Nancy, Ben, Polly, Tempa and Isham Bailey. The ad ran in the Daily Dispatch newspaper in Richmond on Nov. 24, 1866.

Those ads are now being digitized in a project called “Last Seen: Finding Family After Slavery,” which is run by Villanova University’s graduate history program in collaboration with Philadelphia’s Mother Bethel AME Church.

The ads started appearing about 1863. By 1865, when the Civil War ended, they were coming out in streams, thousands of “Information Wanted” notices in black-owned newspapers across the country, seeking any help to find loved ones.

Mothers looked for their children; children looked for their mothers; fathers placed ads for lost sons; sisters looked for sisters; husbands sought their wives; wives tried to find their husbands.

The ads often gave detailed physical descriptions of the missing, names of former slave owners, locations where family members were last seen, and sometimes maps, tracing how many times they were sold from one owner to the next until they were so far from family members all they had to cling to were sketchy memories.

Elizabeth Williams, who had been sold twice since she last saw her children, placed a heart-wrenching ad in the Christian Recorder newspaper in Philadelphia:

“INFORMATION WANTED by a mother concerning her children,” Williams wrote March 17, 1866.

In four column inches, the mother summed up her life, hoping the details would help her find the children. She listed their names — Lydia, William, Allen and Parker — and explained in a few words that she last saw them when they were “formerly owned together” by a man named John Petty, who lived about six miles from Woodbury, Tenn.

She explained how her family was split apart when she was sold again and taken farther south into captivity.

“She has never seen the above-named children since,” the ad said. “Any information given concerning them, however, will be gratefully received by one whose love for her children survives the bitterness and hardships of many long years spent in slavery.”

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Resist the toxic, inhumane, immoral, and illegal immigration policies of Trump, Sessions, Nielsen, Miller, and the rest of their White Nationalist Gang. “Just say no” to the “Make America Grotesque Again” Mob. Join the New Due Process Army and stand up for the Constitutional rights of everyone in America, regardless of color, creed, or status!

PWS

06-02-18

THE SUPREME UGLINESS OF AMERICAN SPORTS: RACISM, TRUMPISM, EXPLOITATION, & THE NFL – Do The Players Have The Guts & Self-Confidence To Pull Together & Shut Down The Corrupt NFL Forever, If Necessary?

https://slate.com/news-and-politics/2018/05/nfl-anthem-policy-league-sides-with-donald-trumps-campaign-against-black-political-power.html

Jamelle Bouie reports for :

It was the silence and simplicity of Colin Kaepernick’s protest against police brutality that make the response now so striking. Kaepernick’s decision to quietly take a knee during the anthem, to recognize those who still struggle for equality before the law, has caused him to be all but blacklisted from the NFL, blasted by right-wing commentators for perceived disrespect, and condemned by Republican politicians, including the president of the United States.

For Donald Trump, who ran on a platform of stoking white racial resentment, the attacks were predictable. What’s more striking is that the NFL has decided to oblige. On Wednesday, team owners voted to fine teams whose players do not stand for the anthem. Those who want to kneel can stay in the locker room during pregame ceremonies. If the league can’t persuade Kaepernick and others like him to give up their protests, then it will try to compel them into standing, or at least, hide them away from view and relieve the pressure placed by the president.

This entire spectacle—of a white, racially demagogic president demanding punishment of protesting black players—is part of a history of rebuke and outrage against black athletes who challenged American racism, like Muhammad Ali, John Carlos, and Tommie Smith. It also echoes an even older dynamic in American life: the country’s fraught relationship to black political activity. From his attacks on Barack Obama to his broadsides against Kaepernick, Donald Trump has always been on the side of those who see a threat in black advocacy and power.

Trump built his whole political brand on attacking prominent black Americans as illegitimate holders of status and influence, so Kaepernick was a natural target. To attack him—and other kneeling players—was to play the old hits, priming and harnessing the anger of those who view these vocal blacks as ungrateful and presumptuous—in other words, uppity. “Wouldn’t you love to see one of these NFL owners, when somebody disrespects our flag, to say, ‘Get that son of a bitch off the field right now, out, he’s fired,’ ” Trump told a sea of white supporters at a campaign-style rally in Alabama last September.

After the NFL announced its new rule, Trump voiced his support and even floated exile for players who don’t conform. “You have to stand proudly for the national anthem or you shouldn’t be playing,” Trump said in an interview with Fox News’s Brian Kilmeade. “You shouldn’t be there. Maybe you shouldn’t be in the country.”

Trump might speak the language of patriotism and respect, but what he wants is obedience. If players won’t bend their knees to his will—if they act as free citizens and not supplicants—then, by his lights, they forfeit their place in this country. The NFL has indulged the attitudes of an authoritarian, leaning further into the jingoism and militarism that it has cultivated for decades.

The president’s attacks are part of an old strategy against advocates of black equality. Explaining the backlash against black political activity in the years after Reconstruction, W.E.B Du Bois described the limits placed on blacks who wanted to survive, much less thrive: “Negroes who wanted work must not dabble in politics. Negroes who wanted to increase their income must not agitate the Negro problem. Positions of influence were only open to those Negroes who were certified as being ‘safe and sane,’ and their careers were closely scrutinized and passed upon.” When a conservative commentator like Laura Ingraham tells NBA player LeBron James to “shut up and dribble” after he criticized the president, she is reaching back to something quite old in the nation’s history.

Perhaps due to the demographics of its fan base—which skews both younger and less white than the NFL’s—the NBA has taken a different approach to both police violence and political expression. In January, Milwaukee Bucks player Sterling Brown was arrested after he was questioned for a potential parking violation. Police quickly dropped charges, and on Wednesday, the Milwaukee Police Department released body camera footage of the arrest, which shows multiple officers wrestling Brown to the ground and using a stun gun on him. Not only has Brown been outspoken about the incident, but the Bucks also released a statement in support of their colleague: “The abuse and intimidation that Sterling experienced at the hands of Milwaukee Police was shameful and inexcusable. Sterling has our full support as he shares his story and takes action to provide accountability.”

In fairness, it was just last year that the NFL had a similar response to an incident involving one of its own players. In September, after Michael Bennett was allegedly profiled and harassed by police in Las Vegas, NFL Commissioner Roger Goodell said Bennett, who often sat during the anthem last season, “represents the best of the NFL” and “that the issues Michael has been raising deserve serious attention from all of our leaders in every community.” Goodell went on to say the league would “support Michael and all NFL players in promoting mutual respect between law enforcement and the communities they loyally serve and fair and equal treatment under the law.” But with the president ratcheting up the pressure throughout the fall, and NFL viewership reportedly on the decline, the league appears to have changed its tune.

There is already backlash to the NFL’s new rule. New York Jets chairman Christopher Johnson told reporters that he would not discipline a player who protests and would pay the league’s fine. The NFL Players Association announced it would challenge any aspect of the policy that it found to be in violation of its collective bargaining agreement. “The vote by NFL club CEOs today contradicts the statements made to our player leadership by Commissioner Roger Goodell and the Chairman of the NFL’s Management Council John Mara about the principles, values and patriotism of our League,” it said in a statement.

This space—what players can and cannot do on the field—is still contested and the resolution is far from clear. What can be said, however, is that the NFL’s move—an attempt to satisfy the president’s demands for conformity—is a dangerous attack on political expression, even if it’s ultimately fair play in the eyes of the law.

There are real threats to free speech in this country. But the culprits aren’t college students or overzealous young activists, they are those who use wealth and power—or control of the state itself—to punish political dissenters and advocates for justice. While this abuse may begin by targeting the most unpopular groups and individuals, it’s rare in history that it stops there.

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

Probably not!

But, it would be a chance for athletes to stand up for our Constitution and social justice — to do something that will fundamentally change American society as well as standing up against the Trump/GOP racist, anti-union, anti-American agenda.

Do athletes really have the ability to make a living doing something other than getting their brains disabled  for the entertainment of a predominantly White “fake patriot” audience who has no respect for their rights or status as human beings and which falsely equates brainless rituals for meaningful commitment to a Constitutional society? Do “owners” who can’t play the game themselves really have the right to tell “their” players whether they can assert their First Amendment rights to political expression? Does a President who routinely violates Constitutional rights and societal norms have the right to tell private citizens how they must think and express themselves to conform to his perverted political agenda?

What about it AR?  Is there life beyond the gridiron (and Danica)?

PWS

05-27-18

HON. BRUCE J. EINHORN IN THE HILL: SCOFFLAW AG JEFF SESSIONS PERVERTS RULE OF LAW, “PERSECUTES THE PERSECUTED,” AND UNDERMINES THE FUNDAMENTAL PROTECTION PURPOSES OF THE REFUGEE ACT OF 1980

http://thehill.com/opinion/immigration/386956-persecuting-the-persecuted-in-asylum-cases-is-not-the-answer

Judge Einhorn writes:

As a young Justice Department lawyer, I was present at the creation of the Refugee Act of 1980, which together with its amendments and implementing regulations constitute the regime of asylum and refugee protection in the United States. During the Carter administration, I had a hand in the final drafting of the 1980 asylum law. As a U.S. immigration judge in Los Angeles from 1990 through 2007, I heard and decided thousands of cases in which citizens and stateless persons from foreign countries sought asylum in our nation. As a law professor both in California and in England, I have lectured on asylum and refugee law.

The asylum law was intended as a humanitarian measure to defend the defenseless by offering them the possibility of a new and secure life in the United States. But that will no longer be the case if Attorney General Jeff Sessions has his way. The Refugee Act of 1980 grants asylum status in the United States for any foreign-born individual who demonstrates past persecution or a well-founded fear of future persecution for reasons of “race, religion, nationality” as well as “membership in a particular social group” and “political opinion.”

Additionally, under precedent set over the course of decades by federal courts across the country, the persecution that triggers asylum protection must be committed or attempted by a foreign government, or by forces that the government is unable or unwilling to control. That the persecution may be official or private recognizes the fact that in many countries, civil society and the rule of law are nowhere to be found. In their place, governments often unofficially depend on ad hoc private parties and organizations to aid in the torture, persecution and murder of those deemed “enemies of the state.” The use of nongovernmental persecutors provides plausible deniability to regimes that deny complicity in the mistreatment of those they seek to eliminate.

Now the attorney general is attempting to undermine if not eliminate the “unable or unwilling” standard applied in asylum cases for decades. In 2016, in a case entitled “Matter of A-B-,” the Board of Immigration Appeals, the administrative court that reviews decisions of immigration judges, ruled that based on prevailing precedent, an asylum applicant seeking refugee status based on her membership in a particular social group” that led to her gross domestic abuse, had demonstrated that the government of her native El Salvador was unwilling or unable to protect her from her abusive ex-husband. The board remanded the case to the trial judge so that he might apply the correct “unwilling or unable” standard.

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Go on over to The Hill to read Judge Einhorn’s complete article!

Judge Bruce J. Einhorn has spent his career advancing the true rule of law and seeking to rectify the wrongs of the past: first as a prosecutor in the Office of Special Investigations at the U.S. DOJ bringing Nazi war criminals to justice (where I first came in contact with him); then as a U.S. Immigration Judge; and finally as a law professor. (Yes, folks, there was a time long ago when the USDOJ actually was on the side of seeking and guaranteeing justice for the persecuted, rather than engaging in child abuse, spreading false scenarios about immigrants and crime, promoting xenophobic myths about refugees, building the “New American Gulag,” and mis-using the US Immigration Court system as a tool of DHS enforcement to discourage refugees from seeking protection under our laws and international treaties to which we are party.)

By contrast, Jeff Sessions has spent his entire legal & “public service” career on the wrong side of history: trying to “turn back the clock” to the era of Jim Crow; promoting intolerance, unequal treatment, and hate directed at African-Americans, Hispanics, immigrants, and the LGBTQ community; perverting the rule of law and the Constitutional guarantee of individual rights and fairness for everyone in America; and denying the massive contributions to the success of the United States made by non-White, non-Christian, and non-U.S. citizen individuals.

Jeff Sessions is a much bigger threat to the security, welfare, and future of the United States than are desperate women and children from the Northern Triangle seeking to save their lives by exercising their lawful rights under U.S. and international law to apply for asylum.

PWS

05-10-18

 

 

EUGENE ROBINSON @ WASHPOST – THE ST. LOUIS DOCKS AGAIN AT OUR SOUTHERN BORDER — TRUMP, SESSIONS & CO. WANT THE US TO FAIL THE MORAL TEST AGAIN – But, This Time It’s Anti-Hispanic Racism, Rather Than Anti-Semitism Behind Our Government’s Intentional Immorality — Trump & Sessions “are sincere in their desire to stanch the flow of Latino immigration — not, I strongly suspect, because of drugs or crime, but because they loathe the demographic and cultural change that is taking place.”

https://www.washingtonpost.com/opinions/the-immigrant-caravan-is-a-test-trump-wants-us-to-fail/2018/04/30/124b975c-4cb4-11e8-84a0-458a1aa9ac0a_story.html?noredirect=on&utm_term=.72fbc5bc8d11

The immigrant ‘caravan’ is a test. Trump wants us to fail.

The “caravan” of asylum-seeking migrants that has finally arrived at the U.S.-Mexico border is a test of American character and purpose — a test President Trump wants us to fail.

I put caravan in quotation marks because the group that reached Tijuana hardly qualifies for the term. Just a few dozen would-be entrants presented themselves at the Port of San Ysidro on Sunday — only to be told that U.S. immigration officials were too busy to attend to them. Another several hundred were reported to be in the general area, waiting their turn to attempt to cross the border.

Trump has spoken of these people as if they were some kind of rampaging horde. Attorney General Jeff Sessions has accused them of “a deliberate attempt to undermine our laws and overwhelm our system.” The truth is that this sort of thing happens every year: Would-be migrants seek safety in numbers as they make the long and perilous trek north through Mexico.

Sessions probably understands this context; Trump probably doesn’t. But I believe both are sincere in their desire to stanch the flow of Latino immigration — not, I strongly suspect, because of drugs or crime, but because they loathe the demographic and cultural change that is taking place.

While he and his administration were being appropriately roasted at the White House Correspondents’ Associationdinner on Saturday evening, Trump was at a rally in Michigan saying that our immigration laws are “corrupt . . . so corrupt” and that the motives of those who defend our nation’s traditional role as a haven for asylum seekers are political. “The Democrats actually feel, and they are probably right, that all of these people that are pouring across are going to vote for Democrats, they’re not going to vote for Republicans.”

They’re not going to vote for anybody, of course, since they’re not citizens. Truth doesn’t matter to Trump. But you knew that.

What seems to really drive the president crazy is that the United States remains a haven for those fleeing persecution. Trump laid out his complaint Saturday: “If a person puts their foot over the line, we have to take them into our country, we have to register them. We then have to ask them a couple of questions. Lawyers are telling them what to say. How unsafe they are. And once they say that, we have to let them go, to come back to court in like a year. Only one problem: They don’t come back, okay. That’s the end. Welcome to the United States.”

You will have noticed that missing from Trump’s rant is any sense of morality or mission.

There is a reason the law makes provision for those seeking asylum. In 1939, Congress rejected a bill that would have admitted 20,000 German Jewish children. Later that year, authorities refused to allow the St. Louis, a ship carrying about 900 German Jews, to dock in Miami; the Coast Guard sent out patrol boats to warn the ship away. The St. Louis was forced to return to Europe, and 254 of its passengers later perished during the Holocaust.

That shameful history led to changes in immigration policy that prohibit rejecting claims of asylum out of hand. The bar is high, but many of the Central American asylum seekers probably clear it.

In El Salvador, Honduras and Guatemala, the major threat comes from rampant gang violence. Boys are often offered a stark choice: Join a gang or be killed. Girls are threatened with rape. It is easy to say this is a problem local elected officials and police ought to solve, but government institutions are weak, and corruption is widespread. What choice does a family under imminent threat have but to flee? What would you do?

It is of course true that not every Central American who asks for asylum truly merits it. That’s why each case is examined and evaluated, with all the time needed to reach a proper determination — which is how the migrants now at the border must be handled, despite what Trump and Sessions might prefer.

To close our eyes and hearts to legitimate claims of persecution would be to repeat the shameful and tragic mistakes of the World War II era. If the subjects of Trump’s demagoguery were summarily denied entry, as he apparently would like, most would be forced to go home and some would be killed. That would be a terrible stain on the nation’s conscience.

I’m tempted to add that it would be a stain on Trump’s conscience as well, but it’s not clear that he has one.

Read more from Eugene Robinson’s archive, follow him on Twitter or subscribe to his updates on Facebook. You can also join him Tuesdays at 1 p.m. for a live Q&A.

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I remember walking through the “St. Louis Exhibit” at the Holocaust Museum (on an EOIR-sponsored tour, no less, for a long ago and far away Annual Judges Conference — my how official racism & xenophobia have changed things) and asking myself how we could have done that to our fellow human beings.

Then, we had a “special session” explaining the catastrophic failure and cowardice of the German Judiciary during the Nazi rise to power. Judge after judge “adhered to the rule of law” even when those laws unfairly disenfranchised Jews, deprived them of their properly and lawful occupations, and eventually sentenced them to mass death!

I’ve now come to the unhappy realization that the St. Louis might have represented the norm, rather than the exception, to the reality of American democracy and its serious anti-Semitic and racially biased undertones. And, the actions of the corrupt & cowardly German judges of that era are certainly what Trump, Sessions, and their cronies are referring to when they disingenuously pontificate about “the rule of law” and looking for judges, Government officials, and lawyers who are committed to applying it in a biased and one-sided fashion

It’s their rule of law, as they consistently misconstrue it to protect only their favored political and racial groups, and misuse it “punish enemies” and to carry our their increasingly racist, White Nationalist agenda.

And yet 40% of our fellow countrymen are enthusiastically supportive of this heinous agenda. What’s wrong with them? Why ask ourselves how Nazism could have overtaken Germany when we’re in the process of trying to repeat that sordid history here? It’s pretty easy to see Hitler rallies of the 1930s in the Trump rallies of today. The same vicious disregard of both the truth and humanity, scapegoating, and an attacks on the true rule of law and on those who stand up for democracy, all wrapped in an appeal to false religious nationalism! 

We’re failing as a nation on both a moral and a legal basis. It remains to be seen whether the resistance to Trump, his supporters, and his enablers will be sufficient to preserve democracy and human decency in America.

PWS

05-01-18

GONZO’S WORLD: TRAVESTY AT JUSTICE: HOW SESSIONS’S DISINGENUOUS WHITE NATIONALIST AGENDA DEGRADES THE MEMORY OF AMERICAN CIVIL RIGHTS LEADER W.E.B. DU BOIS – “It is often said that elections have consequences. Distorting history, though, and the contributions of past scholars is not a political consequence but rather degrades our intellectual tradition.”

https://www.theguardian.com/us-news/commentisfree/2018/apr/26/jeff-sessions-is-shamefully-undermining-web-du-boiss-legacy?CMP=Share_iOSApp_Other

Marc Mauer writes in The Guardian:

Since 2002, the US Department of Justice’s WEB Du Bois program has sponsored research fellowships on issues of race and criminal justice. During Republican and Democratic administrations, a diverse group of academics have carried the spirit of the noted sociologist and civil rights leader to the race challenges of the 21st century. Given the racial disparity endemic at every stage of the justice system the DoJ’s investigation of these issues has been praiseworthy.

But with Jeff Sessions as attorney general exploring the roots of this injustice may now be compromised. In the recently released solicitation for the Du Bois fellowships the DoJ invited scholars to engage in research on five issues arising out of the “tough on crime” era that would make a student of the Du Bois legacy shudder.

Whereas Du Bois is widely known for promoting the idea that “the problem of the 20th century is the problem of the color line”, the DoJ solicitation displays no interest in such high-profile issues as police killings of unarmed black men or the impact of mass incarceration on the African American community. Instead, “protecting police officers” is the only area of law enforcement prioritized by the DoJ.

Another research priority, “enhancing immigration enforcement”, coming at a moment when barely disguised racist imagery accompanies those policies, seems particularly jarring when upheld in the name of a civil rights legend.

The DoJ approach to research is unfortunately consistent with the misconstrued “law and order” agenda that Jeff Sessions has brought to his leadership. Within a month of taking office Sessions had rescinded the Obama-era decision to phase out federal contracting with private prisons. That initiative had been based in part on an inspector general’s finding that such prisons had higher levels of assault and safety concerns than public prisons.

Sessions overturned a policy adopted by his predecessor Eric Holder that urged federal prosecutors to use their discretion to avoid bringing drug charges that would carry a mandatory minimum sentence if the facts of the case suggested that the defendant had little criminal history and was not a major player in the drug trade. A year after its implementation the number of such sentences had declined by 25%, with no adverse effects on drug law enforcement.

In contrast, Sessions now requires that federal prosecutors seek the most serious charge they can bring in every case. This policy is faulty on two counts. First, it fails to recognize that no two crimes or defendants are exactly alike, and that sentencing needs to be individualized. Second, the directive conflicts with the ethical standard for prosecutors to seek justice, not vengeance. In some cases, justice may represent a prison term, in others it may be placement in residential drug treatment.

Sessions also has emerged as the primary political obstacle to the bipartisan sentencing reform movement on Capitol Hill, and joined with President Trump’s barbaric call for the death penalty for drug sellers. At a moment when Americans increasingly recognize that treatment is more effective than punishment for addressing addiction, such a dehumanizing message will only inflame the public debate in unproductive ways.

Perhaps most unsettling about the Du Bois initiative and the thrust of current policy is its disconnect from evidence and the current realities of crime and justice. Certainly law enforcement officers need to be protected as they do their jobs, but so do communities of color when they are harmed by racist policing. Suggesting that we need to enhance immigration enforcement at a time when this is already at record levels fails to engage in the vitally needed conversation about how to develop immigration policy that offers refuge to those fleeing violence and enhances cross-border economic opportunity and family stability.

It is often said that elections have consequences. Distorting history, though, and the contributions of past scholars is not a political consequence but rather degrades our intellectual tradition.

  • Marc Mauer is the executive director of The Sentencing Project and the author of Race to Incarcerate

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Sessions is and always has been a racist. That he has now shifted most of his intellectual dishonesty, intentionally racially inflammatory rhetoric, and false narratives to attacking Hispanics, immigrants, and gays, rather than concentrating on demeaning African-Americans, doesn’t change anything.

About the best that can be said for “Gonzo” is that he’s an “equal opportunity racist.” That he has risen to the position of Attorney General while espousing his White Nationalist views is a continuing stain on America and our national values. It’s also something for which the GOP must be held accountable once they finally lose their ultimately doomed quest to “Keep America White.”

Sen. Elizabeth Warren and others were right about Sessions. That they were ignored and rudely “tuned out” by their GOP colleagues is an ongoing national disgrace.

PWS

04-29-18

 

GONZO’S WORLD: There’s Plenty Of Compelling Evidence That Increasing Prosecutions Of Routine Illegal Entry Offenses, Is Inhumane, Inconsistent With Our Protection Laws, Wasteful, And Fails To Act As A Deterrent – So Why Is Gonzo Declaring A “Zero Tolerance” Policy That Is A Proven Failure?

2018-Report-Punishing-Refugees-Migrants

Here’s what a recent study by Human Rights First has to say about increasing criminal prosecutions for illegal entry:

Additionally, there are security and public safety disadvantages associated with prosecuting illegal entry and reentry, as it diverts scarce judicial and prosecutorial resources from addressing more serious crimes. According to Alex Nowrasteh, an immigration expert at the Cato Institute, “every dollar spent on prosecuting an illegal immigrant for illegal reentry is a dollar that could have been spent on prosecuting or investigating a real crime.” Mr. Nowrasteh further explained that resources could be better allocated to violent crimes and property crimes.118

Criminally prosecuting individuals for illegal entry and illegal reentry also appears to be ineffective as a deterrence mechanism—its stated objective.119 In its 2015 report, the OIG concluded that CBP did not have an adequate system in place to measure whether or not Operation Streamline—or related criminal prosecutions— have succeeded in deterring individuals from

migrating to the United States without authorization.120 Similarly, a 2017 U.S. Government Accountability Office (GAO) report found that the way in which border patrol calculates recidivism rates (i.e. effectiveness) for those prosecuted for illegal entry and reentry is inaccurate, as their calculations do not assess an immigrant’s apprehension history beyond one fiscal year.121 According to Retired Brownsville Judge Felix Recio, “prosecutions have no deterrent effect whatsoever. People will just continue crossing.”122

Today, southern border crossers are increasingly coming to the U.S. to seek protection from human rights violations, violence, and other forms of persecution. With many facing life or death

choices, increased enforcement measures such as prosecution, are even less effective in deterrence. Asylum seekers, unaccompanied children, and others seeking protection, make up a group the Institute for Defense Analyses (IDA)— a DHS contractor—calls a “non-impactable population,” and a group which increased from less than two percent of border apprehension in 2003-2009 to over 33 percent in 2016.123According to IDA, these individuals “make no attempt to evade detection, and all […] surrender to the first USBP agent they encounter,” noting that traditional enforcement mechanisms are not effective in deterring this population.

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So here’s what Jeff “Gonzo Apocalypto” Sessions did in response:

Attorney General Announces Zero-Tolerance Policy for Criminal Illegal Entry

Attorney General Jeff Sessions today notified all U.S. Attorney’s Offices along the Southwest Border of a new “zero-tolerance policy” for offenses under 8 U.S.C. § 1325(a), which prohibits both attempted illegal entry and illegal entry into the United States by an alien. The implementation of the Attorney General’s zero-tolerance policy comes as the Department of Homeland Security reported a 203 percent increase in illegal border crossings from March 2017 to March 2018, and a 37 percent increase from February 2018 to March 2018—the largest month-to-month increase since 2011.

 

“The situation at our Southwest Border is unacceptable. Congress has failed to pass effective legislation that serves the national interest—that closes dangerous loopholes and fully funds a wall along our southern border. As a result, a crisis has erupted at our Southwest Border that necessitates an escalated effort to prosecute those who choose to illegally cross our border,” said Attorney General Jeff Sessions. “To those who wish to challenge the Trump Administration’s commitment to public safety, national security, and the rule of law, I warn you: illegally entering this country will not be rewarded, but will instead be met with the full prosecutorial powers of the Department of Justice. To the Department’s prosecutors, I urge you: promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens. You play a critical part in fulfilling these goals, and I thank you for your continued efforts in seeing to it that our laws—and as a result, our nation—are respected.”

 

On April 11, 2017, Attorney General Jeff Sessions announced a renewed commitment to criminal immigration enforcement. As part of that announcement, the Attorney General issued a memorandum to all federal prosecutors and directed them to prioritize the prosecution of certain criminal immigration offenses.

 

Today’s zero-tolerance policy further directs each U.S. Attorney’s Office along the Southwest Border (i.e., Southern District of California, District of Arizona, District of New Mexico, Western District of Texas, and the Southern District of Texas) to adopt a policy to prosecute all Department of Homeland Security referrals of section 1325(a) violations, to the extent

 

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Poor Gonzo! Nobody has worked harder and with more dedication to earn the title of “Worst Government Executive of the 21st Century.” After all, promoting policies of:

  • Racism
  • Homophobia
  • Xenophobia
  • Denial of statutory and Constitutional rights
  • Destruction of the US Immigration Court system
  • Creation of a “New American Gulag”
  • Abuses of prosecutorial discretion
  • Providing misinformation to Congress
  • Suppression of voting rights
  • Religious intolerance
  • Interference with state and local law enforcement
  • Use of false and misleading statistics
  • Gross waste and mis-deployment of scarce law enforcement resources
  • Smearing asylum applicants, DACA young people, and immigration lawyers
  • Targeting the rights of women, children, an other vulnerable groups
  • Promoting false connections between immigrants and crime
  • Trying to shift the blame for “Aimless Docket Reshuffling” in the Immigration Courts by the DOJ to the victims of the DOJ’s misconduct — respondents, lawyers, and judges

should earn Gonzo the title hands down. He’d certainly be my first choice!

Yet, because he lives in the Age of Trump, Scott Pruitt, and other flashier more visibly corrupt violators of the law, ethics, and human decency, Gonzo’s truly reprehensible actions as Attorney General sometimes get buried on the “back pages.”

Not to worry, though, Gonzo! Undoubtedly when scholars and political scientists have a chance to reflect on your truly horrible record as Attorney General and combine it with decades on the public payroll without many obvious positive or constructive contributions to speak of, I’m sure that your place in history as one of the worst and most prejudiced public officials of 21st Century America will be assured!

PWS

04-10-18

 

🏀🏀FINAL FOUR RETRO: Back When Kareem Abdul-Jabbar Was Still Known As Lew Alcindor, He Was So Incredibly Great That The White Guys Who Ran The NCAA Changed The Rules To Stop Him — It Just Made Him Even Better! – And, He Never Was Afraid To Stand Up For Black America!

https://theundefeated.com/features/lew-alcindor-kareem-abdul-jabbar-ucla-boycot-1968-olympics/

Johnny Smith reports for theundefeated.com:

Kareem Abdul-Jabbar is known as one of the greatest basketball players in history. During his 20-year professional career with the Milwaukee Bucks and Los Angeles Lakers, he appeared in 19 All-Star Games, won six championships and collected six MVP awards. In retirement, he has become a prominent cultural commentator and writer, a leading voice on the intersection between sports and politics. Recently, he published a memoir about his collegiate career at UCLA, Coach Wooden and Me: Our 50-Year Friendship On and Off the Court.

Fifty years ago he was the most dominant college basketball player America had ever seen. Between 1967 and 1969, he led UCLA to three consecutive national titles and an 88-2 record. Yet, his legacy transcends the game; in the age of Black Power, he redefined the political role of black college athletes. In 1968, when black collegians debated boycotting the Olympics, Lew Alcindor, as he was then still known, emerged as the most prominent face in the revolt on campus.

Why did Alcindor refuse to play in the Olympics? To answer that question we have to return to Harlem, New York, in July 1964, the first of many long, hot summers.


HARLEM, 1964

Basketball player Kareem Abdul-Jabbar (center), then Lew Alcindor, speaks at a news conference at the Power Memorial High School gymnasium in New York City.

DON HOGAN CHARLES/NEW YORK TIMES CO./GETTY IMAGES

The death of James Powell, a 15-year-old black youth from the Bronx, outraged Alcindor. On a sweltering July day in 1964, outside an apartment building on Manhattan’s Upper East Side, Lt. Thomas Gilligan, a white off-duty cop, shot and killed James, piercing the ninth-grader’s chest with a bullet from a .38 revolver. Conflicting accounts grayed a story that many saw in black and white. Gilligan, a 37-year-old war veteran, claimed that James charged at him with a knife, but bystanders insisted that James was unarmed.

Two nights later, on July 18, in the heart of Harlem, a peaceful rally organized by the Congress of Racial Equality (CORE) turned into a march against police brutality. Demanding justice for Powell, hundreds of demonstrators surrounded the 123rd Street precinct, some threatening to tear the building apart “brick by brick.” Incensed by decades of racial profiling and violent policing, the angry crowd began hurling rocks and bottles at officers. Suddenly, a scuffle broke out and the cops rushed the protesters, cracking their nightsticks against a swarm of black bodies. In a matter of minutes, violence spread through Harlem like a grease fire in a packed tenement kitchen.

That same night, Alcindor, an extremely tall, rail-thin 17-year-old, emerged from the 125th Street subway station, planning to investigate the CORE rally. Climbing up the steps toward the street, he could smell smoke coming from burning buildings. Angry young black men took to the streets and tossed bricks and Molotov cocktails through store windows. Looters grabbed radios, jewelry, food and guns. The sound of gunshots rang like firecrackers. Trembling with fear, Alcindor worried that his size and skin color made him an easy target for an angry cop with an itchy trigger finger. Sprinting home, all he could think about was that at any moment a stray bullet could strike him down.

“Right then and there, I knew who I was, who I had to be. I was going to be black rage personified, Black Power in the flesh.”

For six days, Harlem and Bedford-Stuyvesant burned. The “Harlem race riots” resulted in 465 arrests, hundreds of injuries and one death. When the smoke cleared, Martin Luther King Jr. visited New York and encouraged black residents to demonstrate peacefully. But Alcindor, like many black youths, had grown impatient with King’s pleas for nonviolence and began questioning the direction of the civil rights movement. That summer, writing for the Harlem Youth Action Project newspaper, he interviewed black citizens who were tired of segregated schools, dilapidated housing, employment discrimination and wanton police violence.

The Harlem uprising fueled his anger toward white America and convinced him more than ever that he had to turn his rage into action. “Right then and there, I knew who I was, who I had to be,” he said a few years later. “I was going to be black rage personified, Black Power in the flesh.” Silence was no longer an option. In the future, he vowed, he would speak his mind.

. . . .

A few days after UCLA beat Dayton for the national title, the NCAA’s National Basketball Committee banned the dunk. The committee argued that too many players got injured stuffing the ball through the hoop or trying to block a player attacking the basket. Coaches were concerned, too, about players breaking backboards and bending rims. Curiously, the committee also claimed, “There is no defense against the dunk, which upsets the balance between offense and defense.” But the truth was that Alcindor threatened the sport’s competitive balance. He upset the balance between offense and defense.

Immediately, critics deemed the dunk ban the “Alcindor rule.” In a time of white backlash against black advancement, the UCLA star interpreted the rule through the lens of race. He could not help but feel like the lily-white committee had targeted him. “To me the new ‘no-dunk’ rule smacks a little of discrimination,” he told the Chicago Defender. “When you look at it … most of the people who dunk are black athletes.

. . . .

Not even the dunk ban could stop Alcindor from dominating the game. In fact, the new restriction made him even better. It forced him to expand his offensive arsenal and develop a devastating signature move: the “skyhook.”

He made it look so easy. With the cool confidence of Miles Davis, Alcindor transformed his game. The skyhook became an innovative expression of individuality and empowerment, a reflection of his intelligence and creativity, an active mind that could see the ball falling through the net like a raindrop the moment the leather sphere touched his fingertips. Over and over again, he pivoted toward the basket, extended his arm toward the sky and gracefully flipped the ball over the outstretched arms of any player who dared to guard him. “Of all the weapons in sports,” Sports Illustrated’s Gary Smith wrote of his skyhook, “none has ever been more dependable or unstoppable, less vulnerable to time, than that little stride, turn, hop and flick from far above his head.”

CLEVELAND, 1967

On June 4, 1967, at 105-15 Euclid Ave. in Cleveland, a collection of some of the top black athletes in the country met with — and eventually held a news conference in support of — world heavyweight boxing champion Muhammad Ali (front row, second from left), about Ali’s refusal to be drafted into the U.S. Army in 1967. News conference shows (front row) Bill Russell, Boston Celtics; Ali; Jim Brown and Lew Alcindor. Back row (left to right): Carl Stokes, Democratic state representative; Walter Beach, Cleveland Browns; Bobby Mitchell, Washington Redskins; Sid Williams, Cleveland Browns; Curtis McClinton, Kansas City Chiefs; Willie Davis, Green Bay Packers; Jim Shorter, former Brown; and John Wooten, Cleveland Browns.

BETTMAN/GETTY IMAGES

Alcindor refused to let the white world define him as a basketball player and as a man. He no longer considered himself a “Negro.” He was black and proud. As he became more politically self-aware, he identified with the most successful, outspoken black professional athletes in America: Muhammad Ali, Bill Russell and Jim Brown. He admired their political activism and their courage to confront white supremacy.

. . . .

Alcindor suddenly found himself at the center of a national controversy. Critics called him a disgrace, unpatriotic and much worse. If he did not play for the U.S. Olympic team, then UCLA should revoke his scholarship, they charged. Many white Americans opposed the boycott because they believed that sports were meritocratic and immune to racism. But their objections also revealed discomfort with assertive black athletes who challenged the power structure of American sports, a plantation culture that valued black bodies more than black minds. New York Times columnist Arthur Daley couldn’t imagine Alcindor thinking for himself and suggested that Edwards was exploiting the UCLA star’s fame for personal gain. “I think that charge is sheer idiocy,” Edwards told the San Jose Mercury News. “How can you manipulate anybody like Lew Alcindor?”

But Alcindor was his own man, and his revolt emanated from the deep history of African-American activism and the burgeoning Black Power movement on campus. What the sports establishment failed to recognize was that his experience in Harlem, his identification with Malcolm X and his connection to Ali had transformed the way he viewed protest, patriotism and American sports. How could he stay silent while police brutality, poverty and prejudice afflicted the black community? How could anyone expect him to represent the United States when the moment he confronted the nation’s racism bigots deluged him with hate mail and death threats? How could they expect him to love America when America didn’t love him back?

NEW YORK, 1968

Kareem Abdul-Jabbar, then Lew Alcindor, sits on the bench at the UCLA-Holy Cross game at Madison Square Garden in New York City in 1968.

BARTON SILVERMAN/NEW YORK TIMES CO./GETTY IMAGES

Alcindor had made up his mind. He wouldn’t play for the USA. Although the boycott movement lacked widespread support and ultimately stalled, he and his UCLA teammates Mike Warren and Lucius Allen refused to attend the Olympic trials. His explanation, however, complicated his image as a Black Power hero. Alcindor said that if he participated, then he would miss class and delay his graduation, which was true, but only part of his rationale. He also told a reporter from Life magazine that he and his UCLA teammates “don’t want to get caught in the middle of anything.” He had principles, but discussing them publicly only brought more stress. It was much easier to distance himself from Edwards and the OPHR.

“Yeah, I live here, but it’s not really my country.”

In the summer of 1968, he worked for Operation Sports Rescue, a youth program in New York City. Leading basketball clinics, Alcindor mentored African-American and Puerto Rican youths, encouraging them to get an education. In July, he appeared on NBC’s Today show to promote the program. Co-host Joe Garagiola, a former professional baseball player, began the interview by asking Alcindor why he refused to play in the Olympics. During a heated exchange, Alcindor said, “Yeah, I live here, but it’s not really my country.” Then Garagiola retorted, “Well, then, there’s only one solution, maybe you should move.” It was a common reply among white Americans who demanded accommodation and gratitude from black athletes — a refrain that still exists today.

Alcindor’s comments echoed Malcolm X, who said, “Being born here in America doesn’t make you an American.” If black people were Americans, he argued, then they wouldn’t need civil rights legislation or constitutional amendments for protection. Alcindor recognized that while he was fortunate because of his basketball ability, he couldn’t celebrate his privileged status as long as racial inequality persisted. Only when black citizens enjoyed true freedom could he call America his country.

Although we remember the 1968 Olympics for John Carlos and Tommie Smith’s demonstration on the victory stand, Alcindor was the most famous athlete who avoided the games. More than any other college basketball player, he defined his times, proving also that black athletes could speak their minds and win. No one could tell him to shut up and dribble.

Professor is the Julius C. “Bud” Shaw Professor of Sports, Society, and Technology and an Assistant Professor of History at Georgia Tech. His research focuses on the history of sports and American culture. He is an author whose books include “The Sons of Westwood: John Wooden, UCLA, and the Dynasty That Changed College Basketball,” which explores the emergence of college basketball as a national pastime and the political conflicts in college athletics during the 1960s and 1970s.

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Read Professor Smith’s full article at the link. Not only is Kareem one of the greatest basketball players ever, but he has established himself as an informed, articulate, and committed social commentator. I never saw Kareem play in person during his days with the Milwaukee Bucks. But, Cathy and I once were fortunate enough to see him “live” as a contestant on “Celebrity Jeopardy” at DAR Constitution Hall in Washington DC, ironically a venue where he once would not have been welcome.

PWS

03-31-18

 

TAL @ CNN: Administration’s Plan To Request Citizenship Information In Census Provokes New Litigation!

http://www.cnn.com/2018/03/27/politics/census-commerce-department-immigration-california/index.html

 

California sues over Census citizenship question

By Tal Kopan, CNN

Progressives, states and civil rights advocates are preparing a flurry of legal challenges to the Trump administration’s decision to add a question about citizenship to the next census, saying the move will penalize immigrants and threaten civil rights.

The late Monday move from the Commerce Department, which it said came in response a request by the Justice Department, would restore a question about citizenship that has not appeared on the census since the 1950s. The administration said the data was necessary to enforce the 1965 Voting Rights Act.

The state of California immediately challenged the plan in federal court.

California Attorney General Xavier Becerra and Secretary of State Alex Padilla trashed the move as anti-immigrant.

“The citizenship question is the latest attempt by President Trump to stoke the fires of anti-immigrant hostility,” Padilla said in a statement. “Now, in one fell swoop, the US Commerce Department has ignored its own protocols and years of preparation in a concerted effort to suppress a fair and accurate census count from our diverse communities. The administration’s claim that it is simply seeking to protect voting rights is not only laughable, but contemptible.”

Former Obama administration Attorney General Eric Holder also blasted the move and said his organization, which focuses on voting enfranchisement and redistricting, would also pursue litigation against what he called an “irresponsible decision.”

Holder said contrary to the rationale presented by the Justice Department, Holder said he and other modern-era attorneys general were “perfectly” able to handle those legal matters without such a question on the Census.

“The addition of a citizenship question to the census questionnaire is a direct attack on our representative democracy,” Holder said in a statement. “Make no mistake — this decision is motivated purely by politics. In deciding to add this question without even testing its effects, the administration is departing from decades of census policy and ignoring the warnings of census experts.”

Critics of the move say that including such a question on a government survey will scare non-citizens and vulnerable immigrant communities into under-reporting. By undercounting these populations, they argue, there will be a major impact that follows on voting and federal funds.

Because the once-a-decade census is used to determine congressional and political districts and to dole out federal resources, an undercount in heavily immigrant areas could substantially impact certain states and major cities and potentially their representation at the federal level.

The question has not been on the full census since the 1950s, but does appear on the yearly American Community Survey administered by the Census Bureau to give a fuller picture of life in America and the population.

The Commerce Department said the decision came after a “thorough review” of the request from the Justice Department. The priority, Commerce said, was “obtaining complete and accurate data.”

“Having citizenship data at the census block level will permit more effective enforcement of the VRA, and Secretary Ross determined that obtaining complete and accurate information to meet this legitimate government purpose outweighed the limited potential adverse impacts,” the statement said.

Becerra and his state have been central to virtually every legal challenge of the Trump administration on issues ranging from immigration, to the environment, to health care. The Justice Department has also sued California over its so-called sanctuary policies to protect immigrants.

More challenges could soon follow.

Wendy Weiser, director of the Brennan Center’s Democracy Program, a nonprofit that works on issues of justice and civil rights, said the question had no place in the Census.

“Our Constitution requires a complete and accurate count of everyone living in the country, no matter her or his citizenship status. The administration’s decision to add a citizenship question is at best a dramatic misstep, and at worst a politically-motivated move that will undermine a fair and accurate census,” Weiser said. “This question is a dangerous move that could lead to a serious skewing of the final census results, which would have a deleterious effect on our system of representative democracy. We urge the administration to reconsider.”

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The idea that the Justice Department under Jeff Sessions wants this information to enforce the Voting Rights Act (“VRA”) is preposterous on its face! So far, the only interest that Sessions and his crew at the DOJ have shown in the VRA is to insure that White GOP voters are enfranchised and that African-Americans and other minorities are disenfranchised.

Because all individuals in a congressional district are entitled to representation, regardless of citizenship status or other legal status, promoting an undercount (which is what the Administration obviously intends) will work to the disadvantage of those districts with large populations of immigrants, whether legal or illegal.

Stay tuned. There probably are many more similar suits to come, and “Tal is on the ball” to keep us completely informed.

PWS

03-27-18

CHRIS HAYES @ NYT: “RULE OF LAW” IS A RACIST CODE USED BY TRUMP, SESSIONS, & THE GOP!

https://www.nytimes.com/2018/03/17/opinion/sunday/chris-hayes-trump-law-order.html

Hayes writes:

Donald Trump is not subtle. While normal political language functions through implication and indirection, Mr. Trump luxuriates in saying the quiet part loud. But in doing so, Mr. Trump exposes what drives the politics of the movement he commands. That is most evident in the way he talks about crime and punishment.
No president since Richard Nixon has embraced the weaponized rhetoric of “law and order” as avidly as Mr. Trump. “When I take the oath of office next year, I will restore law and order to our country,” he said during his acceptance speech at the Republican National Convention in 2016. “I will work with, and appoint, the best prosecutors and law enforcement officials in the country to get the job properly done. In this race for the White House, I am the law and order candidate.”
Time and again, the president denounces “illegals” and “criminals” and the “American carnage” they wreak on law-abiding Americans. He even advised an audience of police officers to rough up suspects they were arresting.
Yet this tough-guy stance disappears when the accused are in the president’s inner circle. In defending Rob Porter, the White House senior aide accused of abuse by both of his ex-wives, the president wondered whatever happened to due process while praising a man accused of giving his wife a black eye. (Mr. Porter denies the abuse.)
It’s no surprise that Mr. Trump’s critics pounced. Where was this concern for due process, they asked, when the president and his supporters chanted “Lock her up” about Hillary Clinton, who hadn’t even been formally accused of a crime? Where was his devotion to due process when he called for the Central Park Five to be executed, and then, after their exoneration, still maintained that they were guilty?
As tempting as it is to hammer Mr. Trump for his epic hypocrisy, it is a mistake. The president’s boundless benefit of the doubt for the Rob Porters and Roy Moores of the world, combined with off-with-their-heads capriciousness for immigrants accused of even minor crimes, is not a contradiction. It is the expression of a consistent worldview that he campaigned on and has pursued in office.
In this view, crime is not defined by a specific offense. Crime is defined by who commits it. If a young black man grabs a white woman by the crotch, he’s a thug and deserves to be roughed up by police officers. But if Donald Trump grabs a white woman by the crotch in a nightclub (as he’s accused of doing, and denies), it’s locker-room high jinks.
This view is also expressed by many of the president’s staff members, supporters and prominent allies. During the same week that the White House chief of staff, John Kelly, repeatedly vouched for Rob Porter’s integrity, Mr. Kelly also mused that hundreds of thousands of unauthorized immigrants who did not fill out the paperwork for DACA protections had refused to “get off their asses.”
A political movement that rails against “immigrant crime” while defending alleged abusers and child molesters is one that has stopped pretending to have any universalist aspirations.
This is the opposite of what we like to tell ourselves is the traditional American civic creed: one symbolized by a blindfolded Lady Justice who applies the law without fear or favor to whoever may come before her. It is one of Mr. Trump’s most insidious victories that he has given his supporters permission to drop any pretense of insisting that their actions and views should conform to this principle.
If all that matters when it comes to “law and order” is who is a friend and who is an enemy, and if friends are white and enemies are black or Latino or in the wrong party, then the rhetoric around crime and punishment stops being about justice and is merely about power and corruption.
And this is what “law and order” means: the preservation of a certain social order, not the rule of law. It shouldn’t have taken this long to see what has always been staring us in the face. After all, the last president to focus so intensely on law and order, Richard Nixon, the man who helped usher in mass incarceration, was also the most infamous criminal to occupy the Oval Office. The history of the United States is the story of a struggle between the desire to establish certain universal rights and the countervailing desire to preserve a particular social order.
We are now witnessing a president who wholly embraces the latter. America can have that kind of social order, or it can have justice for all. But it can’t have both.
Follow The New York Times Opinion section on Facebook and Twitter (@NYTopinion), and sign up for the Opinion Today newsletter.
Chris Hayes (@chrislhayes) is host of “All In with Chris Hayes” on MSNBC and the author of “A Colony in a Nation.”

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Yup. Probably the most lawless Administration in history, certainly in my lifetime, disingenuously throws around the term “Rule of Law” all the time.

“The president’s moral framework springs from an American tradition of cultivating fear and contempt among its white citizens against immigrants, indigenous people and people of color, who are placed on the other side of “the law.” It’s a practice that has taken on new strength at a time when many white people fear they may be outnumbered, outvoted and out of time.”

But, the good news is that those of us who actually believe in the “REAL Rule of Law” can unite and stand up to Trump, Sessions, Miller and the racist, White Nationalist movement. When we succeed, the “REAL Rule of Law” will actually be available to Trump and his followers on an equal basis with everyone else. And, for many of them, the fair application of the law to everyone in America, as required by the Due Process clause of our Constitution, could be bad news! Let the chips fall where they may.  

PWS

03-19-18

PETER BEINART IN THE ATLANTIC: ANTI-LATINO RACISM IS NOW THE MAJOR PLANK IN THE TRUMP GOP IMMIGRATION PLATFORM: “When Americans talk about undocumented immigrants, Latinos or immigrants in general . . . the images in their heads are likely to be the same.” — Since Trump & Sessions Are Well-Established Scofflaws – Trump Regularly Bashes The FBI & Ignores Ethics Laws, While Sessions Is Openly Scornful Of The Federal Courts And Constitutional Abortion Rights – They Need To Play To “Tribal Bias” Rather Than The “Rule of Law!”

https://www.theatlantic.com/politics/archive/2018/02/what-the-new-gop-crack-down-on-legal-immigration-reveals/553631/

Beinart writes:

“The Trump-era GOP cares more about the national origin and race of immigrants than the methods they used to enter the United States.

In this August 2015, photo, a woman approaches the entrance to the Mexico border crossing in San Ysidro, California.Lenny Ignelzi / AP
A few weeks ago, the contours of an immigration compromise looked clear: Republicans would let the “dreamers” stay. Democrats would let Trump build his wall. Both sides would swallow something their bases found distasteful in order to get the thing their bases cared about most.Since then, Trump has blown up the deal. He announced on Wednesday that he would legalize the “dreamers,” undocumented immigrants brought to the U.S. as children, only if Democrats funded his wall and  ended the visa lottery and “chain migration.” He would support a path to citizenship for undocumented immigrants only if Congress brought the number of legal immigrants down.

There’s an irony here, which was pointed out to me by CATO Institute immigration analyst David Bier. Until recently, Republican politicians drew a bright line between illegal immigration, which they claimed to hate, and legal immigration, which they claimed to love. Florida Senator Marco Rubio launched his presidential campaign at the Freedom Tower, Miami’s Ellis Island. Texas senator Ted Cruz, who in 2013 proposed a five-fold increase in the number of H1B visas for highly skilled immigrants, declared in April 2015 that, “There is no stronger advocate for legal immigration in the U.S. Senate than I am.” Mitt Romney promised in 2007 that, “We’re going to end illegal immigration to protect legal immigration.”

Trump has turned that distinction on its head. He’s willing to legalize the “dreamers”—who came to the United States illegally—so long as the number of legal immigrants goes down. He has not only blurred the GOP’s long-held moral distinction between legal and illegal immigration. In some ways, he’s actually flipped it—taking a harder line on people who enter the U.S. with documentation than those who don’t.

What explains this? Trump’s great hidden advantage during the 2016 Republican presidential primary was his lack of support from the GOP political and donor class. This allowed him to jettison positions—in support of free trade, in support of the Iraq War, in support of cutting Medicare and Social Security—that enjoyed support among Republican elites but little support among Republican voters. He did the same on immigration, where the “legal good, illegal bad” distinction turned out to be much more popular among the party’s leaders than among its grassroots. Cribbing from Ann Coulter’s book, Adios America, Trump replaced the legal-illegal distinction with one that turned out to have more resonance on the activist right: The distinction between white Christian immigrants and non-white, and non-Christian ones.The words “illegal immigration” do not appear in Trump’s presidential announcement speech. Instead, Trump focused on immigrants’ country of origin. “When Mexico sends its people,” he declared, “they’re not sending their best … They’re sending people that have lots of problems, and they’re bringing those problems with us. They’re bringing drugs. They’re bringing crime. They’re rapists … It’s coming from more than Mexico. It’s coming from all over South and Latin America, and it’s coming probably—probably—from the Middle East.”

Trump, who often says bluntly what other Republicans say in code, probably realized that “illegal immigrant” was, for many voters, already a euphemism for Latino or Mexican-immigrants. In their book White Backlash, the political scientists Marisa Abrajano and Zoltan Hajnal cite a poll showing that 61 percent of Americans believe that most Latino immigrants are undocumented even though only about a quarter are. “When Americans talk about undocumented immigrants, Latinos or immigrants in general,” they note, “the images in their heads are likely to be the same.”

What really drove Republican opinion about immigration, Trump realized, was not primarily the fear that the United States was becoming a country of law-breakers. (Republicans, after all, were not outraged about the lack of prosecution of tax cheats.) It was the fear that the United States—which was becoming less white and had just elected a president of Kenyan descent—was becoming a third world country.When the Public Religion Research Institute and Brookings Institution asked Americans in 2016 their views of immigration from different parts of the world, it found that Republicans were only three points more likely than Democrats to want to reduce immigration from “predominantly Christian countries” and only seven points more likely to want to reduce immigration from Europe. By contrast, they were 33 points more likely to support reducing immigration from Mexico and Central America and 41 points more likely to support reducing immigration from “predominantly Muslim countries.” What really drives Republican views about immigrants, in other words, is less their legal status than their nation of origin, their religion, and their race.

Trump grasped that during the campaign, and in coalition with a bevy of current and former Southern Senators—Jeff Sessions, David Perdue and Tom Cotton—he has used it to turn the GOP into a party devoted to slashing legal immigration. On Thursday, when presented with a bill that traded the legalization of dreamers for more border security but did not reduce legal immigration, only eight Republican Senators voted yes. However, 37 voted for a bill that legalized the “dreamers,” added more border security and substantially reduced legal immigration.

But there’s another reason Trump has succeeded in erasing the “legal good, illegal bad” distinction that for years governed GOP immigration debate. He’s made Republicans less concerned with legality in general. In 2012, the GOP—which was then-outraged by executive orders that supposedly displayed President Barack Obama’s contempt for the constitutional limits of his office—titled the immigration section of its platform, “The Rule of Law: Legal Immigration.” The seven paragraph-section used variations of the word “law” fourteen times.That emphasis is harder now. In his ongoing battles with the FBI, Justice Department, judiciary and Special Counsel Robert Mueller, Trump has convinced many Republicans that the “rule of law” is often a cloak for the partisan biases of the “deep state.” As a result, Republicans are now 22 pointsless likely to hold a positive opinion of the FBI than they were in 2015.

What really matters for many Republicans in Trump’s standoff with Mueller and the FBI is not who has the law on their side, since the bureaucracy can twist the law to its own advantage. What really matters is who enjoys the backing of “the people,” the authentic America that resides outside the swamp, a construct that definitely does not include the imagined beneficiaries of “chain migration” and the “visa lottery.”

In the Trump era, Republicans now justify their immigration views less by reference to law than by reference to tribe. Which, not coincidentally, is how they justify Trump’s presidency itself.”

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Marco Rubio has already seen the downside of trying to become a national force in the GOP by advocating a moderate, pro-business, pro-immigrant, not overtly anti-Hispanic policy. I suspect if and when Ambassador Nikki Haley tries to make a bid for national office in the GOP she’ll find out that the Miller-Sessions-Cotton-Perdue-King group and Trump supporters will treat her with the same disrespect, bias, and disdain that they usually reserve for smart, capable Latinas, children fleeing for their lives from the Northern Triangle, and “Dreamers.”

And folks like Sen. Tim Scott will find that even consistent support for a right-wing GOP that regularly disses African-Americans and Hispanics won’t give him “White Guy” status in the larger GOP world. A useful vote in the Senate. That’s about it. Reportedly, Scott once talked to Trump about the latter’s “tone” on race. How did that work out, Tim? But, hey, as long as you vote for big tax breaks for the wealthy, cuts in health care, and are happy to threaten the benefits, remaining dignity, and lives of the poor, you can at least retain your status a “club member at the retail level.”

PWS

02-18-18

BLACK HISTORY MONTH: LET’S TAKE A LOOK AT TWO STORIES FROM THAT “GREAT ERA OF AMERICA” THAT TRUMP, SESSIONS, MILLER, COTTON, AND THEIR WHITE NATIONALIST PALS LOVE SO MUCH – When White Men Were Supreme, The Law Was There To Keep African Americans in Their Place, Blacks Who Stood Up For Their Rights Were Murdered By The White Police, And Latinos & Women Were “Out Of Sight, Out Of Mind!”

From “John Kelly’s Washington” in the Washington Post:

Stuck on a shelf or locked in a safe, D.C.’s ‘Lost Laws’ still packed a punch

 
Before the Supreme Court upheld the District’s “Lost Laws” in 1953, activists such as Mary Church Terrell (center) picketed in front of segregated restaurants.

Columnist February 14

Martin Luther King Jr. said “the arc of the moral universe is long, but it bends toward justice.”

He could have added: “eventually, and after plenty of detours.”

In 1872 and 1873, two laws were passed in Washington that forbade racial discrimination in the city’s restaurants. Then, somehow, the laws vanished.

Just imagine the reaction when they were “rediscovered” in the 1940s. It must have been as if someone had opened a vault sealed when Ulysses Grant was president and found an airplane inside, a television, penicillin … .

Could Washingtonians from 70 years ago really have been so advanced? What had happened to those people?

What amazed me when I looked into the events of the 1870s and 1880s was how similar things were to the Jim Crow era. Restaurateurs used some of the same excuses for refusing to serve African Americans: Black customers were “boisterous,” white patrons would stay away, the government shouldn’t meddle.

To fight discrimination, black activists used methods that are familiar to us now. Lawyer E.M. Hewlett deliberately visited restaurants to see if he would be served. Hewlett looked to see if owners had posted price lists, as required by law to prevent black customers from being gouged. When he spotted a violation, he took the establishment to court.

In the end, none of it did any good. Why?

“During Reconstruction, D.C. was really on the leading edge of racial change in America,” said Chris Myers Asch, co-author, with George Derek Musgrove, of “Chocolate City: A History of Race and Democracy in the Nation’s Capital.”

Said Asch: “D.C. was a very progressive city. You had remarkable progress being made toward racial equality in a very brief space of time. Black men in D.C. were the first black men in the country to be granted the right to vote after the Civil War.”

Such efforts, Asch said, were a priority for radical Republicans in Congress.

“The backlash from white conservatives is really substantial,” Asch said. “First you eliminate self government all together in 1874. Then you slowly roll back those Reconstruction-era gains. This is part of a regionwide effort to enforce white supremacy. By 1901, when city commissioners decide to compile the D.C. Code, they simply don’t include those Reconstruction-era statutes.”

They didn’t include them, but they didn’t repeal them. The Lost Laws were not dead. They were like a long-dormant seed, ready to spring to life after a refreshing rain.

I don’t know who found them. Asch thinks it was A. Mercer Daniel, who oversaw the library at Howard University’s law school. They gained fame in 1948 with the publication of “Segregation in Washington,” a scathing report that mentioned the laws.

Civil rights activists wondered: Could the laws be used to fight segregation?

Annie Stein, a white woman from Southwest D.C. who was a member of the Progressive Party, invited Mary Church Terrell to chair the Coordinating Committee for the Enforcement of the D.C. Anti-Discrimination Laws of 1872 and 1873. When Terrell, the octogenarian co-founder of the NAACP, was denied service at a downtown cafeteria called Thompson’s in 1950, it set the stage for a test case.

District of Columbia vs. John R. Thompson Co. went first to the old Municipal Court, where Judge Frank Myers ruled that the Lost Laws had “been repealed by implication” and, thus, could no longer be enforced.

Terrell and company appealed. In May of 1951, the Municipal Court of Appeals ruled 2-to-1 that the anti-bias laws were still valid. Among the points raised by Judge Nathan Cayton was that another so-called lost law had been enforced in 1908, even though it, too, had been omitted from the 1901 D.C. Code.

It was an animal cruelty law. Animals, it seemed, had more rights than black Washingtonians.

The game of legal ping-pong continued. The next stop was the U.S. Court of Appeals. In a 5-to-4 decision, it ruled that the laws of 1872 and 1873 could not be enforced.

One judge, Barrett Prettyman, wrote the statutes were “neither mentioned again nor enforced for a period of 75 years.” Thus the laws “must be deemed by the courts to have been abandoned.”

If you’ve been reading my columns this week, you know that wasn’t true. African Americans did mention them and did try to get them enforced.

In April of 1953, the case finally reached the U.S. Supreme Court. Chester H. Gray of the District’s corporation counsel’s office asked the court not to blame his staff. They hadn’t known of the laws until someone found them in the corporation counsel’s safe.

“You mean you have to go to a locked safe to find laws of the District of Columbia?” Chief Justice Fred M. Vinson joked.

In June, the court ruled unanimously that the laws were still in effect. Laws passed by long-dead Washingtonians had helped their descendants.

Five days after the Supreme Court ruling, Terrell went to eat at Thompson’s with the mixed-race group who had been denied a meal three years earlier. They were treated, Terrell said, with courtesy.”

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Sound all too familiar? It should! The claptrap coming from yesterday’s racists is pretty much the same as the garbage coming out of the mouths of some GOP pols these days. Here’s my “rewrite” of a paragraph of Kelly’s account in “today’s context.”

The backlash from Sessions, Bannon, Kobach, Miller and their White Nationalist pals to the diversification of America and growing political power of African-Americans, Hispanics and other non-Whites was substantial. First, they used gerrymandering and intentional mis-constructions of Civil Rights and Voting Rights statutes intended to protect minorities to instead suppress and minimize the minority vote. This is part to a nationwide effort by the far right to restore White Supremacy and prevent African-Americans and Hispanics from eventually obtaining political power commensurate with their demographics and overwhelming contributions to America. Then, when supposedly in charge of administering the laws equally, they simply refuse to recognize the rights of African-Americans to be free from police violence and the rights of Hispanics and asylum seekers in the United States to be treated with respect and dignity and to be given full Due Process under our Constitution. They even invent false narratives, bogus statistics, and demonize hard-working law-abiding citizens, residents, and great and deserving young people known as “Dreamers” in a desperate effort to restore exclusive White (preferably “pseudo-Christian”) power. To add insult to injury, they carry out this anti-American, anti-Constitutional campaign under the boldly false rubric of “Restoring the Rule of Law.”

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Now let’s move over to the Post’s Sports Section. Here’s an account of what happened to courageous African-American athletes who stood up for their rights and the rights of others during the “glory days” of White Supremacy that Trump, Sessions, & Co. so cherish and honor.

Remembering the Orangeburg massacre, and the athlete-activists who took a stand 


Two black demonstrators killed in the Orangeburg Massacre lie on the ground at the edge of South Carolina State College in Orangeburg, S.C., on Feb. 8, 1968. (ASSOCIATED PRESS)
February 13

Robert Lee Davis found himself lying in blood next to his teammate Sam Hammond. At least one bullet had struck Davis in the back. Another went in Hammond’s neck.

Davis recalled in an oral history that Hammond, a running back at South Carolina State, asked him, “Do you think I’m going to live?” Davis, a linebacker, said he answered, “Sam, you are going to be all right, buddy.”

Hammond was the first of three young black men to die that night 50 years ago in Orangeburg, S.C. Davis was one of several football players at historically black South Carolina State to survive a hail of police fire with injuries.

What brought them together that Feb. 8, 1968, evening was not a team meeting or the training table. Instead, it was a call to confront a wrong, an affront, an act of overt racial discrimination in Orangeburg at a bowling alley that refused would-be black bowlers just like the state was denying black citizens their human rights.

As a result, Davis and Hammond became athlete-activists long before we created the suddenly ubiquitous, if not trite, alliterative phrase these days to describe football and basketball players, almost all of color, who have, by comparison, merely sported sloganeering T-shirts, or employed histrionics, to demonstrate against racial injustice.

It is a noble and laudable effort, of course. But what we’ve come to champion of athletes today pales juxtaposed to what so many did in the cauldron of the late ’60s civil rights movement. Davis and Hammond, for example, dared to physically confront the very embodiment of the South’s recalcitrant racists — scores of carbine rifle-toting, all-white state troopers — for which Hammond forfeited not just his career but his life.

They were among at least 30 victims of what became known as the Orangeburg massacre.

I was reminded of it three years ago as a presenter at the annual Media and Civil Rights symposium at the University of South Carolina. It included a mesmerizing panel featuring a demonstrator that night, civil rights icon and scholar Cleveland Sellers, and a reporter who became legendary for his fearless coverage of the massacre and other civil rights movement era violence, Jack Bass. With Jack Nelson, awarded a Pulitzer Prize for his reporting on the civil rights movement, Bass authored “The Orangeburg Massacre” in 1970.

And I took note that the panelists, particularly Oliver Francis, a one-time baseball player at Voorhees, another historically black South Carolina college, pointed out that black male athletes in particular stepped to the fore in Orangeburg’s deadly confrontation with white supremacy, and in others. Francis wound up convicted and sentenced to prison for 18 to 24 months as an organizer in an armed black student takeover in 1969 of the Voorhees administration building.

It all reminded that black athletes played not just pivotal roles in the civil rights movement, like the muscle North Carolina A&T football players provided for their classmates engaged in sit-ins to desegregate the Greensboro, N.C., Woolworth’s lunch counter. Or in Rock Hill, S.C., where 10 black Friendship College students were detained by police for trying to desegregate a town lunch counter in 1961 but became known as the Rock Hill Nine after one among them wasn’t booked so he could maintain his athletic scholarship. Chicago Bears running back Willie Galimore was the test black registrant at the Ponce de Leon Motor Lodge in St. Augustine, Fla., that became a flash point for desegregation fights in 1964.

And as was evidenced in Orangeburg, black athletes sometimes were even in the vanguard of protests. Samuel Freedman underscored as much in recounting the Orangeburg massacre in his 2014 book, “Breaking the Line: The Season in Black College Football That Transformed the Sport and Changed the Course of Civil Rights.”

Freedman wrote: “Shortly after the 1967 football season ended, many of the politically engaged members of the South Carolina State team joined in protests against a segregated bowling alley near the campus in Orangeburg.” On Feb. 6, 1968, Freedman reported, Davis and several of his teammates went on their own to the bowling alley and not only were denied admittance but were threatened with arrest by city police for disturbing the peace. Other students eventually joined the football players, objected to the police threats and wound up defending themselves from swinging billy clubs.

Two nights later, Freedman stated, “an all-white force of state troopers opened fire on the student demonstrators, killing three and wounding twenty-eight. Among the dead was one football player . . . Hammond. Several other players were injured by gunfire, one of them temporarily paralyzed.”

Davis was that temporarily paralyzed victim.

The student survivors of the massacre refused, however, to be deterred and allow the killings of Hammond, fellow student Henry Smith and high school football player Delano Middleton to be in vain. They organized a march from campus to the state capital 42 miles away to demand justice. Athletes decided to lead the march by running the distance.

“The four young men who approached me about the run were all track and field distance runners,” Willis Ham, a South Carolina State baseball player at the time, told the (Orangeburg, S.C.) Times and Democrat five years ago. “Three of the young men were not of American descent, and they simply wanted to express their disgust for the way Americans ‘treat their own,’ with the one tool that they had to their credit [the ability to run].

“We wanted our fellow students to know how deeply we felt about their determination to go to Columbia [S.C.], and express to state officials how they really felt about the lack of support in the days leading to the massacre.”

“It gave us a chance to say that our spirits and drive for freedom from depression would never be destroyed,” Ham explained.

The white troopers who fired on the students were exonerated in a trial a year later. The lone conviction from the incident was of Sellers for incitement. He spent seven months in prison. He was pardoned in 1993.

But what Hammond, the football player, first fell for is forever remembered on South Carolina State’s campus. Its basketball arena that opened that fateful day, Feb. 8, 1968, was renamed the Smith-Hammond-Middleton Memorial Center.

Kevin B. Blackistone, ESPN panelist and visiting professor at the Philip Merrill College of Journalism at the University of Maryland, writes sports commentary for The Post.”

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We should all be appalled that in the 21st Century, folks like Trump, Sessions, Miller, Cotton, and others who think that it’s “OK” and “permissible” to whip up false anti-Hispanic fervor with bogus narratives about rampant crime, imaginary “stolen” jobs, and phantom “adverse effects” of legal immigration have weaseled their way into positions of national power and prominence.

They seek to take America backwards to a bygone era of racial injustice and manufactured hate. Don’t let them get away with it! Ballot boxes were made to “retire” the Trumps, Sessions, and Cottons of the world and send them off to try to make an honest living.

PWS

02-16-18

RICHARD L. HASEN IN WASHPOST: THE ORIGINAL DISRUPTER – THE LATE JUSTICE ANTONIN SCALIA!

https://www.washingtonpost.com/news/posteverything/wp/2018/02/13/antonin-scalias-disruption-of-the-supreme-courts-ways-is-here-to-stay/

Hasen writes:

“A few years ago, a populist disrupter of the established political order said that Arizona was right to try to take immigration enforcement into its own hands when the Obama administration was not aggressive enough. Its “citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy.” He similarly expressedsympathy for the “Polish factory workers’ kid” who was going to be out of a job because of affirmative action and lamented that the Supreme Court’s giving too many constitutional rights to Guantanamo detainees “will almost certainly cause more Americans to be killed.”

Who made the statements? Donald Trump? Newt Gingrich? No, those were the words of Supreme Court Justice Antonin Scalia, who died two years ago Tuesday. Scalia disrupted business as usual on the court just like Gingrich disrupted the U.S. House of Representatives in the 1990s and Trump is now disrupting the presidency. Scalia changed the way the Supreme Court writes and analyzes its cases and the tone judges and lawyers use to disagree with each other, evincing a pungent anti-elitist populism that, aside from some criminal procedure cases, mostly served his conservative values. Now the judiciary is being filled at a frenetic pace by Trump and Senate Republicans with Scalian acolytes like Supreme Court Justice Neil M. Gorsuch, who will use Scalia’s tools to further delegitimize their liberal opponents and continue to polarize the federal courts.

Scalia joined the Supreme Court in 1986 after a stint as a law professor, a government official and a judge on the U.S. Court of Appeals for the District of Columbia Circuit. He arrived at a court in which justices used an eclectic mix of criteria, from text to history and purpose to pragmatism and personal values, to decide the meaning of the Constitution and federal statutes. Justices disagreed with one another, but for the most part, they were polite in their written dissents.

Scalia came in with different ideas, which he said were compelled by the limited grant of judicial power in the Constitution and would increase the legitimacy of judicial decision-making. He offered revamped, supposedly neutral jurisprudential theories. Yet, as I argue in my upcoming book, “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption,” his doctrines were usually flexible enough to deliver opinions consistent with his conservative libertarian ideology.

He was an “originalist” who believed that constitutional provisions should be interpreted in line with their public meaning at the time of enactment, as when he argued that the 14th Amendment’s equal protection clause did not apply to sex discrimination — except when he wasn’t, as when in affirmative action cases, he consistently ignored evidence that at the time the equal protection clause was ratified, Congress enacted preferences specifically intending to help African Americans.”

. . . .

Scalia, the Harvard law graduate, frequently cast his fellow justices as out-of-touch Ivy League elitists sticking it to the little guy. Yet he often sided with big business over consumers and environmental groups, deciding cases on issues related to standing and arbitration law that made it harder for people to have their rights protected and vindicated in court.

He disagreed with others using a tone like no other justice. The day after it decided King v. Burwell in June 2015, the court recognized a right of same-sex couples to marry in Obergefell v. Hodges. Scalia, applying his originalist understanding of the 14th Amendment, unsurprisingly rejected the majority’s approach. But he leveled his harshest words at Justice Anthony M. Kennedy’s majority opinion, which he described as “couched in a style that is as pretentious as its content is egotistic.” He added that “if, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag.” He compared the opinion to an aphorism in a fortune cookie.

The combination of Scalia’s view that textualism and originalism were the only legitimate way to decide cases and his caustic dismissal of anyone who dared to disagree with him led to a much coarser, polarized court after his tenure on the bench. He gave the Supreme Court’s imprimatur to the practice of delegitimizing one’s ideological opponents rather than simply disagreeing with them.

Most important, he gave key conservative acolytes tools to advance an ideological agenda — tools that he presented as politically neutral. The most important of these acolytes is Gorsuch, the newest Supreme Court justice (and, thanks to the refusal of Senate Republicans to consider President Barack Obama’s nomination of Merrick Garland after Scalia died, also the justice who replaced his ideological role model). While not quite a Scalia clone, he is fully following in Scalia’s tradition. Not long after joining the court, Gorsuch admonished his colleagues in a statutory interpretation case that “if a statute needs repair, there’s a constitutionally prescribed way to do it. It’s called legislation.” And at oral argument in the 2017 Wisconsin partisan gerrymandering case, he dismissively interjected that “maybe we can just for a second talk about the arcane matter, the Constitution.” Think Scalia, but without the spontaneous wit and charm. Without Scalia, Gorsuch would have been just as conservative, but he would not have been packaging his jurisprudence in Scalian terms. And he perhaps would not have been as aggressive out of the box.

According to Time magazine, Trump wants to appoint more “originalists” and “textualists” on the court — flamethrowers who will disrupt things even more, following Scalia’s model. Gorsuch’s early record and the posthumous deification of Scalia by Federalist Society members and others on the right since his death show that Scalia’s pugnacious populism is the wave of the future for court appointees by Republican presidents and that the bitter partisan polarization we’ve seen in the political branches is in danger of becoming fixed as a permanent feature of the Supreme Court. Indeed, the main criticism of Scalia’s followers is that he was not consistent enough in insisting that originalism and textualism are the only right way to decide cases, consequences be damned.

Thanks to Scalia’s disruption, the Supreme Court may never be the same.

 

Richard L. Hasen is the chancellor’s professor of law and political science at the University of California at Irvine and the author of “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption.”

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Read the complete article at the link.

Yes, I always thought that beneath all the “origionalist” BS, Justice Scalia was pretty much just another jurist with a peculiar right-wing agenda. He rewrote history to match his own preconceived worldview. Additionally, he detested equality, social justice, and common sense in equal proportions. But, occasionally his intellectual machinations led him to side with the “good guys.”

He might not have been a “stable genius,” but he was a heck of a lot smarter than Trump and much funnier. And, while there are indications in his jurisprudence that he was a “racist at heart” (who despised Hispanics as much as African-Americans) he was somewhat less overt about his White Christian Nationalism than guys like Trump, Sessions, Miller, Bannon, Steve King, etc.

PWS

02-14-18

 

GONZO’S WORLD: DOJ #3 RACHEL BRAND FLEES SINKING SHIP TO SAVE CAREER – FINDS REFUGE AT WALMART – No, It’s Not Normal For The Associate AG To Leave After 9 Months! – But, Who Ever Said The Trump/GONZO DOJ Is “Normal?”

https://slate.com/news-and-politics/2018/02/rachel-brand-is-leaving-doj-are-we-headed-for-a-massacre.html

“In a surprise move, Rachel Brand is stepping down as the No. 3 official at the Department of Justice, the New York Timesreported on Friday. Brand was next in line to oversee the special counsel’s Russia inquiry after Deputy Attorney General Rod Rosenstein. Brand’s departure could have enormous consequences for Robert Mueller’s investigation of Russian election interference and President Donald Trump.

The New York Times has reported that Trump considered firing Rosenstein and Mueller over the summer, a situation that would have been reminiscent of Richard Nixon’s Saturday Night Massacre and the firing of Watergate investigator Archibald Cox. Trump will now get to hand-pick a replacement for Brand, who would step in to take over the investigation should he or she be confirmed by the Senate and should Rosenstein go. It’s also been noted that Rosenstein may ultimately have to recuse himself from the investigation; in that case, he wouldn’t even have to be fired for the Trump selection to take control of the investigation into Trump.

Last March, Trump issued an executive order modifying the line of succession for an acting attorney general, the person who would be in control of Mueller’s inquiry since Attorney General Jeff Sessions has recused himself. According to that order, under normal procedures, a potential replacement for either Brand or Rosenstein to oversee the Russia inquiry would need Senate confirmation.

Fordham Law professor and occasional Slate contributor Jed Shugerman has laid out the potential orders of succession at the current moment. According to the vacancy statutes, Solicitor General Noel Francisco would be designated by Jeff Sessions as acting attorney general if Rosenstein were to depart, and he’d be followed by the assistant attorneys general. The next in line after that would typically be the U.S. attorney for the Eastern District of Virginia, a position which is being vacated by Dana Boente. Since Boente is leaving that job, it would go to the U.S. attorney for the Eastern District of North Carolina, Robert J. Higdon Jr.

It’s worth noting that the executive order says Trump “retains discretion, to the extent permitted by law” to go around this line of succession to select an acting attorney general on his own. But doing so in an effort to squelch an investigation into himself, his allies, and his family would conceivably be such a transparent effort to subvert the rule of law as to be a political liability even within the Republican Party.

Rosenstein has been personally attacked by Trump. He has come under additional fire recentlyfrom critics of the Russia investigation, who have been using a concocted and false narrative from a recently declassified talking points memo to go after the FBI, Mueller, and Rosenstein. When Trump was asked by reporters if he still had confidence in Rosenstein last week, he responded “you figure that one out.”

Brand is reportedly leaving to become the head of global corporate governance at Walmart. The move feels possibly odd for someone who has served in three presidential administrations, cultivated a reputation as a devoted public servant, and who has only been in her current job less than one year.

Politico’s Eliana Johnson reported that someone close to Brand and the administration said she was leaving “because she is very smart, accomplished, and talented, and wants to protect her career.”

Brand worked in the George W. Bush administration and has been considered a rising conservative legal star for more than a decade. It seems very possible that staying in that DOJ position might have ultimately left her facing a very difficult situation career-wise. In a world where Rosenstein was fired and Brand was placed in charge of the Mueller probe, she might have to choose between obeying a Trump order that might upend the rule of law and being fired by Trump. As congressional and mainstream Republicans have moved closer towards Trump’s apparent anti-Mueller, anti-rule of law position, such martyrdom does not sound like it would help her future in the GOP.

Either decision might have done long-term damage to Brand’s future career prospects in any branch of government.

Brand’s move, however, preemptively abdicates that possible decision, quite possibly leaving it to a Trump-approved successor. As Elie Mystal, the executive editor at Above the Law, wrotefollowing the news, it seems as though we might be rolling towards a “slow moving Saturday Night Massacre.”

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Gee, Jeremy, I’m only a retired Immigration Judge (and 35 year vet of the DOJ), but I don’t view this a much of a “surprise.”

Brand has a reputation as as a smart lawyer, perhaps the smartest of the “Sessions crew.” As opposed to someone like the buffoonish racist White Nationalist xenophobe Stevie Miller or the often incoherently bias spewing Sessions himself, Brand was a low-key “doer.” She actually did a “bang up job” of implementing the Sessions alt right, anti-civil rights, anti-due process, anti-minority, anti-civil-liberties, anti-diversity, homophobic agenda at the DOJ.

She obviously sees “Armageddon” coming to the realm of “Gonzo Apocalypto” and wants to get out before she is left in the “lose-lose” position (that both Trump & Sessions have a penchant for creating) of having to become “Trump’s patsy” in the Russia investigation or maintaining her integrity, getting fired, and getting on Trump’s “S-list.”

This way, she can get out of the way of the “train wreck,” make some real money, and preserve her reputation in both right-wing legal circles and with Trump. That sets her up as a possible Cabinet appointee in a future, somewhat saner GOP Administration, or even to be a Trump nominee for a Federal Judgeship.

Smart, Rachel!

PWS

02-10-18

GONZO’S WORLD: NO DEFENSE! – SESSIONS MIA AS TRUMP AND GOP ATTACK INTEGRITY OF DOJ!

https://www.newsmax.com/politics/attorney-general-department-of-justice-the-new-york-times-doj/2018/02/05/id/841477/

Brian Freeman reports for Newsmax:

“Even as President Donald Trump has led the most prolonged and public attack on the Justice Department in history, Attorney General Jeff Sessions has broken a long tradition of those in his position of protecting the institution from such interference by remaining largely silent, The New York Times reported Monday.

“What is unusual is the FBI and the Justice Department being attacked, the president leading the charge and the attorney general missing in action,” said Harvard Law Prof. Jack Goldsmith, who headed the Justice Department’s Office of Legal Counsel under President Geoerge W. Bush. “Why isn’t he sticking up for the department?”

Many prosecutors say Sessions’ tepid response is deflating morale among department employees and has increased fears prosecutors cannot depend on protection from political interference.

“Attorneys general swear an oath to protect and defend the Constitution, not the president,” said Matthew Axelrod, a former Justice Department official who is a partner at Linklaters. “Institutions like the DOJ rely on their leaders to be a voice that defends them. It’s critically important to this institution that its leadership have its back.”

Although the Business Insider reported Sessions did praise his second-in-command Rod Rosenstein hours before the disputed Devin Nunes memo was released Friday by saying he represents “the kind of quality and leadership we want in the department” and he had “great confidence in the men and women of this department,” many commentators said that backing was quite meager when he added, “But no department is perfect.”

One such previous example often cited of far more courageous and strong backing is when ailing attorney general John Ashcroft from his hospital bed allowed his acting replacement, James Comey, to defy the Bush administration over a surveillance program that Justice Department lawyers had called unconstitutional.

Sessions, who has been heavily and publicly criticized by Trump in the past year, declined to comment to the Times.

“Sessions’ silence is evidence that Trump’s public neutering of anyone close to this investigation is working,” said Paul Pelletier, a Democratic candidate for Congress in Virginia who was a long-time federal prosecutor. “It is deleterious to the whole criminal justice process.”

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The law enforcement community might have thought that they were getting a strong defender/advocate in the right-winger Sessions. After all, he’s out to bust those recreational legalized marijuana users and hard-working maids and janitors who have been in the U.S. without documents for decades waiting for the immigration reform that never came because he helped block it in the Senate.

But, what they actually got was a disingenuous “Gonzo Apocalypto” White Nationalist interested primarily in advancing his racially inspired agenda at the expense of the U.S. justice system and anyone who might stand in the way. Oh yeah, and a guy who is also very interested in “covering his own tail.” That’s why he didn’t hesitate to hire DC Lawyer Chuck Cooper to defend him once his continuing “memory lapses” came to light in the Russia investigation and things started “hitting the fan.”

A guy with no time for the rights of African-Americans Latinos, Immigrants, LGBTQ Americans, women, or apparently his subordinates and employees at the DOJ seems to have an excellent sense of his own rights and self-preservation. And, he isn’t so silent when it comes to an opportunity for slandering and diminishing the achievements of DACA recipients, Immigrants, sanctuary cities, asylum seekers, or people of color who are supposed to be entitled to justice and protection from his more or less “Whites only” DOJ.

PWS

02-06-18

 

PROFESSOR ERIC S. YELLEN IN WASHPOST: TRUMP & GOP’S MOST OUTRAGEOUS WHITE NATIONALIST RACIST PROPOSAL TO DESTROY AMERICA MIGHT NOT EVEN HAVE BEEN HIS RESTRICTIONIST IMMIGRATION PLAN — DESTROYING THE CAREER CIVIL SERVICE PROMISES RETURN TO CORRUPT POLITICAL SPOILS SYSTEM WE ABANDONED NEARLY 150 YEARS AGO! — “Calls for government accountability have long merged racism and anti-government rhetoric but have traditionally stopped short of resurrecting the spoils system.”

https://www.washingtonpost.com/news/made-by-history/wp/2018/02/05/the-corrupt-racist-proposal-from-the-state-of-the-union-address-that-everyone-missed/

Yellen writes:

“President Trump continued his efforts to drive the United States back to the 19th century during his State of the Union address last week.

Standing in front of a divided Congress, with possible obstruction charges looming over him and facing governance struggles produced by his ineffective leadership, the president sought to undermine a 135-year-old law protecting federal civil servants from the whims of tyrants and hacks. “I call on the Congress to empower every Cabinet secretary with the authority to reward good workers — and to remove federal employees who undermine the public trust or fail the American people,” he said.

While this plea sounds sensible, it actually represents a historic threat to the U.S. government and to some of its most vulnerable citizens. Recognizing that threat requires understanding two crucial and related pieces of context — first, how the law Trump seeks to dissolve came into being, and second, how the effort to undermine it fits into a larger pattern of racist ideas driving the Trump administration’s actions.

Why can’t a Cabinet secretary simply fire federal employees? Before 1883, they did just that on a regular basis. Federal employees came and went on the orders of political appointees with each electoral cycle. Every four years, federal workers sat waiting with bags packed to find out if their party would hold on to power and they onto their livelihoods.

Claiming these spoils of victory enabled a president and his Cabinet secretaries to hand out high-paying, desirable jobs to political supporters. Abraham Lincoln famously — or infamously — cleaned house in 1861 to reward his new political party whose members had not tasted federal salaries since the collapse of the Whig party a decade earlier.

But in the 1870s, consistency and competence in the federal bureaucracy became more important as the nation’s political and commercial life grew more complex. Americans became increasingly aware of political corruption (see: the Grant administration) and its drag on government and commercial efficiency. When, in July 1881, President James A. Garfield was assassinated by disgruntled office seeker Charles Guiteau, the push for reform gained enough momentum to force Congress to rein in the patronage system.

The Pendleton Civil Service Reform Act of 1883 cost its namesake, Sen. George H. Pendleton (Ohio), his job in a political backlash against the new anti-spoils system. Nevertheless, the Pendleton Act was a major step forward for good government, and over the next quarter-century the majority of ordinary and largely essential civil service positions became disconnected from political machinations, filled instead through a standard set of hiring practices and exams, and protected from arbitrary firing.

The system was never perfect, and political affiliation has continued to matter for employment prospects in Washington right up through the present. Still, today the U.S. government does have something resembling what political scientists call an “autonomous” civil service — that is, a federal bureaucracy sheltered from political winds.

The result is a more stable and experienced government workforce, a Congress that gets accurate reports from its research bureaus and federal departments that provide a certain level of regulatory consistency for citizens and businesses at home and around the world.

Trump’s upending of decades of civil service protections is not about accountability. Such changes would clearly risk a return to more corrupt and less competent government. Even worse, Trump’s proposal and the rhetoric surrounding it also threaten to undermine a second set of crucial reforms that occurred thanks to the civil rights movement.

During the 1960s, the civil rights movement pushed the government to guarantee racial equality in federal employment. This effort was more successful than attempts to transform the private workforce, largely because of federal training programs, standardized hiring procedures and fixed pay scales that weeded out bias, aggressive anti-discrimination measures and historic mentorship and seniority lines dating to the Johnson administration. Today, African Americans are 30 percent more likely to work in civil service than white Americans. Black men and women, just 13 percent of the U.S. population and with an unemployment rate double that of white Americans, make up about 18 percent of the federal workforce.

Over the past 30 years, conservative valorization of “market solutions” has been accompanied by deeply racialized notions of government inefficiency that aims to undermine these civil rights achievements by invoking the image of a wasteful, corrupt public workforce — one viewed by many Americans as dominated by African Americans. Commentator Pat Buchanan, for example, claimed that federal offices under the Obama administration operated according to a “racial spoils system.” For Buchanan and many others, the drive for a leaner government merges with a racist suspicion of black workers — what they see as the most rotten part of the bureaucracy.

Moreover, the president’s attack on the stability of government jobs comes at a rough time for public servants, who have been battered by austerity measures that have made jobs scarcer.

These measures have also deepened the racial disparity in the public workforce, which, along with the growing racial wealth gap that deprives nonwhite Americans of stability and mobility, transforms Trump’s assault on the Pendleton Act from merely historically ignorant and potentially corrupt into something more. It becomes a nod to the same racist worldview that produces the profound suspicion of people of color that has defined much of Trump’s political life.

Continuous conflation of blackness and wastefulness in American governance, a conflation pushed by writers and politicians like Buchanan and Trump, marks African Americans as incapable of earning “the public’s trust” through good governance, a stain that persists into today’s politics, from assumptions of black voting malfeasance to questions about President Barack Obama’s birth certificate.

And that returns us to Trump’s rise to the presidency. Calls for government accountability have long merged racism and anti-government rhetoric but have traditionally stopped short of resurrecting the spoils system. Then again, politicians have traditionally veiled their positions in generous and moderately realistic visions of humanity to maintain moral ground and the capacity to govern. In his latest call for the gutting of civil service reforms, Trump seems hellbent on surrendering both.

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As I have mentioned several times before, my more than four decades of working in the field of immigration, and my 21 years of judging individual asylum cases have given me an outstanding chance to study virtually all of the current political and government systems in the world.

The difference between the U.S. and the corrupt states that send us refugees is not necessarily the words of our Constitution. Almost all countries have snazzy sounding constitutions that aren’t worth the paper on which they are written.

The main difference is that the U.S. has a basically honest, dedicated, professional, largely apolitical Career Civil Service that works hard to make sure that the words of our Constitution are translated into actions. Most refugee sending countries have a Trump-like “spoils system” where notwithstanding the words of the constitution and laws, the government is corrupt and run primarily for the benefit of the dictator and his relatives and friends or for the ruling class and their cronies.

When the government changes (usually, although not always, violently) the “new” group, even if it once had a “reform platform,” merely views it as “their turn” to loot and pillage the country and the common people for their own benefit and that of their supporters, be it tribe, ethnic group, or party.

The Trump Administration and the “modern GOP” already have all of the earmarks of a kleptocracy. Letting them destroy our Career Civil Service, the “Jewel in the Crown” of American democracy, would lead to the end of our nation as we have known it.

PWS

02-05-18