FINALLY, MATTIS SPEAKS OUT, RIPS TRUMP’S DISGRACEFUL REIGN: “Donald Trump is the first president in my lifetime who does not try to unite the American people—does not even pretend to try. Instead he tries to divide us. We are witnessing the consequences of three years of this deliberate effort. We are witnessing the consequences of three years without mature leadership.”

Orion Rummler
Orion Rummler
Breaking News Reporter
AXIOS

https://www.axios.com/james-mattis-trump-protests-f325f239-17f1-4795-b6a4-0ab1587ad210.html?stream=top&utm_source=alert&utm_medium=email&utm_campaign=alerts_all

Orion Rummler reports for AXIOS:

Former Secretary of Defense James Mattis condemned President Trump for making a “mockery of our Constitution” in a statement to The Atlantic on Wednesday, saying he was “appalled” at the president’s response to mass protests in the wake of George Floyd’s killing.

Why it matters: Trump’s former defense secretary had refrained from publicly criticizing his former boss since resigning in 2018.

Full statement:

“I have watched this week’s unfolding events, angry and appalled. The words “Equal Justice Under Law” are carved in the pediment of the United States Supreme Court. This is precisely what protesters are rightly demanding. It is a wholesome and unifying demand—one that all of us should be able to get behind. We must not be distracted by a small number of lawbreakers. The protests are defined by tens of thousands of people of conscience who are insisting that we live up to our values—our values as people and our values as a nation.

When I joined the military, some 50 years ago, I swore an oath to support and defend the Constitution. Never did I dream that troops taking that same oath would be ordered under any circumstance to violate the Constitutional rights of their fellow citizens—much less to provide a bizarre photo op for the elected commander-in-chief, with military leadership standing alongside.

We must reject any thinking of our cities as a “battlespace” that our uniformed military is called upon to “dominate.” At home, we should use our military only when requested to do so, on very rare occasions, by state governors. Militarizing our response, as we witnessed in Washington, D.C., sets up a conflict—a false conflict—between the military and civilian society. It erodes the moral ground that ensures a trusted bond between men and women in uniform and the society they are sworn to protect, and of which they themselves are a part. Keeping public order rests with civilian state and local leaders who best understand their communities and are answerable to them.

James Madison wrote in Federalist 14 that “America united with a handful of troops, or without a single soldier, exhibits a more forbidding posture to foreign ambition than America disunited, with a hundred thousand veterans ready for combat.” We do not need to militarize our response to protests. We need to unite around a common purpose. And it starts by guaranteeing that all of us are equal before the law.

Instructions given by the military departments to our troops before the Normandy invasion reminded soldiers that “The Nazi slogan for destroying us…was ‘Divide and Conquer.’ Our American answer is ‘In Union there is Strength.’” We must summon that unity to surmount this crisis—confident that we are better than our politics.

Donald Trump is the first president in my lifetime who does not try to unite the American people—does not even pretend to try. Instead he tries to divide us. We are witnessing the consequences of three years of this deliberate effort. We are witnessing the consequences of three years without mature leadership. We can unite without him, drawing on the strengths inherent in our civil society. This will not be easy, as the past few days have shown, but we owe it to our fellow citizens; to past generations that bled to defend our promise; and to our children.

We can come through this trying time stronger, and with a renewed sense of purpose and respect for one another. The pandemic has shown us that it is not only our troops who are willing to offer the ultimate sacrifice for the safety of the community. Americans in hospitals, grocery stores, post offices, and elsewhere have put their lives on the line in order to serve their fellow citizens and their country. We know that we are better than the abuse of executive authority that we witnessed in Lafayette Square. We must reject and hold accountable those in office who would make a mockery of our Constitution. At the same time, we must remember Lincoln’s “better angels,” and listen to them, as we work to unite.

Only by adopting a new path—which means, in truth, returning to the original path of our founding ideals—will we again be a country admired and respected at home and abroad.”

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

Better late than never. But, what if Mattis had spoken out earlier and helped lead the opposition to Trump. Would things be different now? Where was his leadership when the GOP was ignoring the evidence and failing to vote to convict and remove Trump for clear abuse of his office?

PWS

06-04-20

RELIGION & POLITICS: TRUMP IS A GROTESQUE INSULT TO CHRISTIANITY — Christ Died For Others’ Sins; Trump Too Cowardly, Corrupt, & Insecure to Take Responsibility For Own Screw Ups!🤮

Elizabeth Bruenig
Elizabeth Bruenig
Opinion Writer
NY Times

https://www.nytimes.com/2020/06/02/opinion/trump-bible-speech-st-johns-church.html

Elizabeth Bruenig writes in The NY Times:

Late Monday afternoon, President Trump emerged from the White House and strode in the cool spring daylight to St. John’s Church in Lafayette Square. It was supposed to be an act of defiance: Mr. Trump has bristled at the observation that during the protests roiling the capital he has burrowed into a fortified bunker rather than addressing the nation.

Like most performances arranged by Mr. Trump and associates, it made only a disjointed sort of sense. Yes, the president’s decision to march through the heart of the city’s unrest caused police and National Guard units to blast a peaceful crowd with tear gas and rubber bullets, carving a punishing path to the steps of St. John’s. But the show of force seemed to emphasize only that his legitimacy has shrunk to the point that he feels moved to dominate his own people with military power.

As he took up his post before the church, which was partially boarded up after a minor fire that broke out during a recent protest, Mr. Trump set his face in a stony scowl and held up a black Bible, tightly closed. “Is it your Bible?” a reporter shouted. “It’s a Bible,” Mr. Trump said neutrally. The entire routine was vulgar, blunt: There Mr. Trump was, holding aloft this mute book — neither opened, cited, nor read from — in the shadow of a vandalized church, claiming the mantle of righteousness.

After all, that was what he had come to do. A ruler maintaining order strictly by brute force has a problem. Such regimes are volatile and fragile, subject to eruptive dissolution. Mr. Trump may lack the experience or interest to even pantomime genuine Christian practice, but he has acute instincts when it comes to the symbolism of leadership. He seemed to know, as he positioned himself as the defender of the Christian faith, that he needed to imbue his presidency with some renewed moral purpose; Christianity was simply a convenient vein to tap.

“I think that’s a standard trope in American political frames of reference,” Luke Bretherton told me on a Monday night phone call. Mr. Bretherton, who is a professor of moral and political theology at Duke University’s Divinity School, cited Cold War efforts to demonize socialism as viciously atheistic and amoral. It was work undertaken with anxious eagerness precisely because socialist criticisms of American life were substantial and compelling.

. . . .

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

Read the rest of Liz’s op-ed at the link.

Christ’s humanity, forgiveness, and empathy for the outcasts of the world is completely lost on the totally immoral and willfully ignorant Trump. The Bible is just another prop. If Jesus came back to earth today, he certainly would be found with the protestors seeking social justice rather than the current inhabitant of the White House and his equally corrupt and immoral cronies like Billy Barr.

PWS

06-03-20

UPDATE:

Check out Tom Toles’s cartoon “Sermon From the Pit” (“Vengeance is Mine Sayeth the Lowered”) from today’s WashPost here:

https://www.washingtonpost.com/opinions/2020/06/02/trump-does-photo-op-show-just-how-low-he-can-go/

Just when you think Trump has hit the rock bottom, he takes it to an even lower level!

PWS

06-03-20

 

THE GIBSON REPORT — 06-01-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

#BlackLivesMatter

 

Do Black Lives Matter in the immigrant rights movement?

AlJazeera (from 2017): Black migrants are being assimilated into the terror of the prison industrial complex at an alarming rate. The over-policing, over incarceration, and overt violence of the policing apparatus that is at the core of the #BlackLivesMatter movement is also an immigrant rights issue.

 

Victory for Liberians in the U.S.: Deferred Enforced Departure, A Pathway to Citizenship, and An Immigration Success Story

Featured June 10 event from the NYCBA with a fantastic panel:

Tsion Gurmu,  Legal Director, Black Alliance for Just Immigration, Founder and Director, Queer Black Immigrant Project
Amaha Kassa, Founder and Executive Director, African Communities Together
Yatta Kiazolu, a named Plaintiff in ACT et al. v. Trump et al., and a Liberian DED holder
Patrice Lawrence, Co-Director, UndocuBlack Network

 

COVID-19

Note: Policies are rapidly changing, so please verify the latest policies on the relevant government websites and with colleagues on listservs as best you can.

 

New

 

Closures

 

Guidance:

 

TOP NEWS

 

DOJ memo offered to buy out immigration board members

Roll Call: The Justice Department offered buyouts to pre-Trump administration career members on its influential immigration appeals board as part of an ongoing effort to restructure the immigration court system.

 

With citizenship ceremonies postponed, hundreds of thousands could miss chance to vote in November

WaPo: Though USCIS is scheduled to begin a phased reopening next week, the agency has not committed to resuming a full slate of ceremonies nor has publicly released a plan for rescheduling the approximately 150,000 naturalizations that have been postponed because of the closures.

 

A US immigration agency could run out of money by the end of summer without a $1.2 billion bailout

Vox: US Citizenship and Immigration Services is facing a massive budget shortfall because fewer immigrants are applying to enter the US.

 

How Coronavirus Relief Is Being Distributed to Undocumented Immigrants

DocumentedNY: Private donors and independent organizations have connected to move millions of dollars in aid across a gaping hole left in the government’s COVID-19 response.

 

Emails Show Long Island Police Departments Worked Closely With ICE

DocumentedNY: The report, titled “When Help Is Nowhere to Be Found,” is focused on Operation Matador, which was launched by ICE’s Homeland Security Investigations department in May 2017 to combat MS-13. According to the report, Operation Matador was initially envisioned as a 90-day effort but has since become a permanent operation.

 

NYC Council Votes to Ban the Terms ‘Alien’ and ‘Illegal Immigrant’ on Official Docs

NBC: The NYC Council voted Thursday to ban the “dehumanizing and offensive” words in local laws, rules and documents, said Speaker Corey Johnson. The term that officials will use going forward will be “noncitizen.”

 

ICE Tells Parents to Separate From Their Children or Risk Indefinite Detention Together

AIC: According to recent reports from attorneys for the detained families, on May 13 and 14, ICE gave the parents a “binary choice:” agree for their child to be released without them or waive the child’s right to release under the longstanding Flores settlement that governs custody of immigrant children.

 

ICE Detainee Who Died Of Covid-19 Suffered Horrifying Neglect

Intercept: The men who were with Escobar Mejia in his final days say they did everything they could to alert ICE and CoreCivic, the private prison corporation that runs Otay Mesa, of his worsening condition, and that the officials responsible for his well-being failed to take those alerts seriously. See also Second man with COVID-19 dies in US immigration custody.

 

Mexico’s President Says Most Domestic Violence Calls Are ‘Fake’

NTY: The leader compared the requests for help to prank calls, the latest controversy over his government’s response to record levels of violence against women.

 

LITIGATION/CASELAW/RULES/MEMOS

 

SCOTUS Held that Courts Can Review Factual Challenges to a CAT Order

The Supreme Court found that 8 U. S. C. § 1252(a)(2)(C) and (D) do not preclude judicial review of factual challenges to an order denying relief under CAT, which protects noncitizens from removal to a country where they would likely face torture. (Nasrallah v. Barr, 6/1/20) AILA Doc. No. 20060132

 

Federal Court Rules Trump Administration Must Provide Fair Hearings For Immigrants

CAIR: A federal court has ruled the Trump administration must provide fair hearings for people in immigration detention and requires the government to justify detention at a bond hearing. The ruling also requires immigration judges to consider people’s financial circumstances when setting bond amounts and forms of release.

 

CA1 Upholds Denial of Asylum to Salvadoran Petitioner Where IJ and BIA Relied on Boston’s “Gang Assessment Database”

The court upheld the BIA’s denial of asylum, finding that the IJ’s adverse credibility determination was supported by substantial evidence, and that the introduction of law enforcement gang database records did not violate the petitioner’s due process rights. (Diaz Ortiz v. Barr, 5/15/20) AILA Doc. No. 20052634

 

CA1 Finds Petitioner Pardoned by Connecticut Board of Pardons and Paroles Was Eligible for a Pardon Waiver

The court held that the BIA erred when it found that the pardon issued to the petitioner by the Connecticut Board of Pardons and Paroles was not effective for purposes of establishing entitlement to a waiver of removal under INA §237(a)(2)(A)(vi). (Thompson v. Barr, 5/21/20) AILA Doc. No. 20052636

 

CA2 Holds Misprision of Felony is not a CIMT – Mendez v. Barr

Justia: The court held that the government failed to show that misprision rises to the level of base, vile, conscience-shocking conduct traditionally attributed to the gravest and most inherently evil offenses. Furthermore, nothing in the misprision statute suggests that the crime has, as an element, the fraudulent intent necessary for misprision to constitute a CIMT.

 

CA3 Holds BIA Erred in Retroactively Applying Matter of Diaz-Lizarraga to Find Petitioner Removable

The court granted the petition for review, holding that the BIA erred in retroactively applying the new standard for theft-related crimes involving moral turpitude (CIMTs) that it had promulgated in Matter of Diaz-Lizarraga to the petitioner. (Francisco-Lopez v. Att’y Gen., 5/15/20) AILA Doc. No. 20052637

 

CA5 Upholds BIA’s Asylum Denial to Mexican Petitioner Whose Father Was Extorted by Zetas Drug Cartel

Finding that substantial evidence supported BIA’s denial of asylum, the court held that petitioner had failed to meet his burden to establish that it would be unreasonable for him to relocate to another part of Mexico, away from his father’s extortionists. (Munoz-Granados v. Barr, 5/12/20) AILA Doc. No. 20052638

 

CA6 Holds BIA Erred in Finding That Asylum-Seeking Mayan Indigenous Woman Could Reasonably Relocate Within Guatemala

The court found that the BIA’s conclusion that the government showed by a preponderance of the evidence that the Guatemalan petitioner could internally relocate and that it would be reasonable for her to do so was not supported by substantial evidence. (Juan Antonio v. Barr, 5/19/20) AILA Doc. No. 20052640

 

CA6 Says Withholding Applicants Must Be Given the Chance to Explain Why Corroborative Evidence Is Not Reasonably Available

Granting the petition for review of the BIA’s denial of withholding of removal, the court found that the IJ and BIA erred in failing to give the petitioner an opportunity to explain why he could not reasonably obtain certain corroborative evidence. (Guzman-Vazquez v. Barr, 5/18/20) AILA Doc. No. 20052639

 

CA7 Says BIA Held Petitioner to Unduly Demanding Burden on Ineffective Assistance of Counsel Allegation

The court found that the BIA should not have faulted petitioner for failing to provide his initial counsel with information significant to a potential U visa application, but denied petition for review because he could not prove prejudice. (Alvarez-Espino v. Barr, 3/6/20, amended 5/20/20) AILA Doc. No. 20031802

 

CA9 Finds It Lacks Jurisdiction to Consider Petitioner’s “Settled Course” Argument Where BIA Denied Sua Sponte Reconsideration

The court held that the petitioner’s “settled course of adjudication” argument was barred by the court’s general rule that it lacks jurisdiction to review claims that the BIA should have exercised its sua sponte power in a given case. (Lona v. Barr, 5/15/20) AILA Doc. No. 20052641

 

CA10 Says Post-Departure Bar Does Not Eliminate an IJ’s Jurisdiction to Move Sua Sponte to Reopen Removal Proceedings

The court held that the BIA erred in ruling that the IJ lacked jurisdiction to move sua sponte to reopen petitioner’s removal proceedings, finding that the post-departure bar does not apply to the IJ’s own sua sponte authority to reopen removal proceedings. (Reyes-Vargas v. Barr, 5/14/20) AILA Doc. No. 20052642

 

District Court Orders ICE to Explain Why It Cannot Immediately Begin Testing NWDC Detainees for COVID-19

A federal court in Washington ordered ICE to explain why it cannot immediately begin testing detainees at the Northwest Detention Center (NWDC) for COVID-19 on a voluntary basis and implement a plan for those that refuse testing. (Castañeda Juarez v. Asher, 5/28/20) AILA Doc. No. 20060133

 

Complaint Requesting an Injunction Against the April 2020 Proclamation to Protect Minors from Aging Out

AILA and partners filed a complaint requesting a preliminary and permanent injunction enjoining the government from implementing or enforcing any part of the April 20, 2020, Proclamation to protect minors who may age out. (Gomez, et al., v. Trump, et al., 5/28/20) AILA Doc. No. 20052837

 

Civil Rights Coalition Files Lawsuit to Protect Families from Decades of Separation

AILA, Justice Action Center, and Innovation Law Lab, with pro bono support from Mayer Brown LLP, have filed a lawsuit on behalf of U.S. citizens and LPRs petitioning for their children and derivative relatives to join them in the U.S. who would “age-out” while the administration’s ban is in place. AILA Doc. No. 20052838

 

EOIR Announces New BIA Chairman

EOIR announced the appointment of David H. Wetmore as the chairman of the Board of Immigration Appeals (BIA). Wetmore was appointed by Attorney General William Barr as the Chief Appellate Immigration Judge of the BIA in May 2020. Notice includes Wetmore’s biographical information. AILA Doc. No. 20052932

 

Practice Alert: DHS and DOJ Issue Joint Statement Rescheduling Migrant Protection Protocols (MPP) Cases

On May 10, 2020, DOJ EOIR and DHS issued a joint statement on the rescheduling of MPP hearings. This practice alert provides an overview of the changes made by this statement to prior DHS procedures for MPP cases without individual notice to affected migrants or their attorneys. AILA Doc. No. 20051347

 

USCIS Lockbox Rejecting Some I-485 Adjustment of Status Applications

AILA has recently been made aware that USCIS has been issuing notices to applicants and attorneys regarding Form I-485 adjustment of status applications that were wrongfully rejected by the Lockbox on the basis of an expired form version. AILA Doc. No. 20041738

 

CDC Order Extending and Amending Order Suspending the Introduction of Certain Persons from Canada and Mexico

CDC order extending the 3/20/20 order that suspended the introduction of certain persons traveling from Canada and Mexico until the CDC determines that the danger of further introduction of COVID-19 into the United States has ceased to be a serious danger to the public health. (85 FR 31503, 5/26/20) AILA Doc. No. 20052037

 

RESOURCES

 

 

EVENTS

 

Note: Check with organizers regarding cancellations/changes

 

ImmProf

 

Monday, June 1, 2020

Sunday, May 31, 2020

Saturday, May 30, 2020

Friday, May 29, 2020

Thursday, May 28, 2020

Wednesday, May 27, 2020

Tuesday, May 26, 2020

Monday, May 25, 2020

 

This email, including any attachments, may contain information that is legally privileged and/or confidential. If you are not the person this email was intended to reach, then do not share, distribute, or copy it. Please notify the person who sent this email immediately and then delete the email, including any attachments.

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

I particularly recommend the first item in Elizabeth’s report, “Do Black Lives Matter in the immigrants rights movement?” by Jamila Osman. “The immigrant rights movement has never fully addressed the needs of black migrants in its advocacy work.”

The Trump regime’s “Dred Scottification Project,” often aided by a feckless Congress and complicit Article III Courts, is part of a White Nationalist, far-right agenda that aims at dehumanizing a much larger group than migrants and the Hispanic community. They just happen to be the convenient, easy victims, as shown by the effective repeal of Constitutional due process protections, asylum laws, and immigration laws by the regime using Executive fiat and obvious pretexts (many middle schoolers in the U.S. probably could tell you exactly what Trump’s racist intent is, even if the J.R. Five, the Fifth Circuit Court of Appeals, certain panels of the Second Circuit, and most of the GOP disingenuously claims otherwise) that have garnered neither the widespread outrage (short of a few feckless Dems) nor effective “pushback” from Congress and the Article III Courts that they deserved! 

The African-American community is no stranger to the abuses heaped on people of color by bogus and disingenuous calls for “law and order.” The treatment of Haitian TPS holders is every bit as outrageous, racist, and lawless as the Administration’s threats to end DACA — threats enabled and made worse by a Supreme Court without the courage and decency to do its job and  “just say no” to the regime’s continuing White Nationalist abuses of our Constitution, our laws, and our national humanity. 

What might recent history have been if the Supremes had stood up to Trump’s initial Constitutionally abusive, politically motivated, racially and religiously bigoted pretextual “Travel Ban” instead of going “belly up” and fecklessly inviting more abuses in the name of fabricated “national security?”  What if Congress by veto-proof margins had stood up for the legal rights of asylum seekers at the Southern Border and of brown-skinned children not to be “put in cages?” Instead, many GOP politicos actually joined in and egged on these disgusting abuses of humanity and degredations of our justice system. What if the Supremes had delivered a united condemnation of the GOP’s overtly racist schemes to disenfranchise minority voters and deny them the political power they have earned? Everybody ultimately pays a price for spinelessness in the face of tyranny!

America needs and deserves better, from our Executive, our Congress, and our Courts. There’s unlikely to be much long-term equilibrium and “normalcy” in the U.S. until we get substantial changes in the composition, competency, and compassion of all three branches of our failing Government and its democratic institutions.

Government is actually there to provide and guarantee “equal justice for all,” not for the self-preservation of existing institutions and those privileged ones who temporarily inhabit them and apparently believe themselves to be “above the fray” and the human pain and suffering caused by their fecklessness and complicity.

It’s also worth noting, that despite the lack of a systemic response from the Article III’s putting an end to EOIR’s unconstitutionally abusive “enforcement masquerading as a court” system, individual court decisions continue to find abuses by the BIA in fairly applying the “basics” of asylum and immigraton laws. Elizabeth’s report lists a number of recent instances.

Oh, that the Article IIIs would “connect the dots” and ask themselves why a system supposedly set up to provide due process to individuals regularly goes out of its way to misapply the law to wrongfully subject individuals to deportation, sometimes to situations where they have a substantial risk of death or torture upon return?

This November, vote like you life depends on it. Because it does!

Due Process Forever! Complicit Institutions & Those Who Hide in Them, Never!

PWS

06-02-209

🤡AMERICA’S CLOWN PRINCE DECLARES WAR ON: AMERICA! — As America Burns 🥵, He Throws Gasoline On Fire, Poses For Photo Op! — Malicious Incompetence, Unsuitability For Office On Full Display As Leaderless America Careens From Pandemic to Civil Rights Crisis! — “ Trump appeared to be trying to project strength at a moment when his presidency seems feckless and as the nation spins out of control. If it occurred abroad and not in the White House, Americans might perceive a ridiculous self-deluding act of a wanna-be strongman.”

Trump Clown
Donald J. Trump
Dangerous American Clown
Stephen Collinson
Stephen Collinson
White House Reporter
CNN

https://www.cnn.com/2020/06/02/politics/donald-trump-george-floyd-protest-military/index.html

Stephen Collinson reports for CNN:

(CNN)President Donald Trump‘s made-for-TV embrace of authoritarianism’s imagery and tools at a brittle national moment risks unleashing toxic political forces that threaten America’s democratic traditions.

Trump on Monday turned security forces on peaceful protesters in front of the White House, as tear gas and rubber bullets flew, before declaring himself the “law and order” President. Then, in one of the most bizarre moments in modern presidential history, he strode across the park to stand in front of an iconic church holding a Bible aloft in a striking photo op.

It was a moment of vanity and bravado — orchestrated for the cameras and transparently political — as Trump struggles to cope with protests sweeping the country after the killing of George Floyd and tries to cover up his botched leadership during the coronavirus pandemic. Overnight, the White House’s official Twitter account released a triumphant video of the moment set to music but omitting any signs of the mayhem unleashed on the protesters.

Trump appeared to be trying to project strength at a moment when his presidency seems feckless and as the nation spins out of control. If it occurred abroad and not in the White House, Americans might perceive a ridiculous self-deluding act of a wanna-be strongman.

Trump threatens military force if violence in states isn’t stopped

“I thought I was watching a scene from something in Turkey, and not in the United States,” retired Lt. Gen. Russel Honore, who commanded National Guard troops in New Orleans after Hurricane Katrina, told CNN’s Anderson Cooper.

And after using St. John’s Church, the “church of the presidents,” which had experienced a basement fire during Sunday’s demonstrations, Trump drew immediate criticism from faith leaders, including Bishop Mariann Edgar Budde of the Episcopal Diocese of Washington.

“The President just used the Bible, our sacred text of the Judeo-Christian tradition, and one of the churches of my diocese, without permission, as a backdrop for a message antithetical to the teachings of Jesus,” Budde said on “AC360.”

Trump’s showmanship was motivated in part by anger at media coverage saying he had sheltered in a bunker below the White House on Friday night amid protests in Washington, CNN’s Kaitlan Collins and Kevin Liptak reported. It shows how far Trump will go to protect his own thin skin and how his power plays are often motivated by assaults on his dignity.

But his behavior is also alarming, considering the vast power at his command, uses of demagogic tropes and capacity to buckle the traditions and structures of civilian, democratic government. So while Trump’s turn to the rhetoric of the despotic leaders he so admires had elements of farce, it opened a sinister new chapter in his presidency and a challenge to American norms.

. . . .

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

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

America’s national nightmare can’t end until Trump and his GOP enablers are removed from office at the ballot box. Just because he’s an incompetent, cowardly, bully doesn’t mean he’s not dangerous. He is!

This November, vote like your life and our nation’s future existence depend on it! Because they do!

PWS

06-02-20

IMMIGRATIONPROF BLOG: Johnson, Olivas, Wadhia on DACA: “DACA will be reminisced as a story about human pain and hope.“

Kevin R. Johnson
Kevin R. Johnson
Dean
UC Davis School of Law
Professor Michael Olivas
Professor Michael Olivas
University of Houston Law Center
Professor Shoba Wadhia
Professor Shoba Wadhia
Penn State Law

https://lawprofessors.typepad.com/immigration/2020/06/the-meaning-of-daca-by-kevin-r-johnson-michael-a-olivas-and-shoba-sivaprasad-wadhia-.html

The Meaning of DACA

By Kevin R. Johnson, Michael A. Olivas, and Shoba Sivaprasad Wadhia 

The Supreme Court will soon release an opinion on the lawfulness of the Trump administration’s choice to end DACA or Deferred Action for Childhood Arrivals (DACA). Former President Barack Obama rolled out DACA in June 2012 and the Department of Homeland Security implemented it two months later through a memorandum signed by then-Secretary Janet Napolitano.

DACA, based on a conventional concept of prosecutorial discretion, provided limited relief from removal – and work authorization — to nearly 800,000 young undocumented immigrants through a discretionary tool called “deferred action.” All legal challenges to DACA, including one by campus immigration hawk former Maricopa County (Arizona) Sheriff Joe Arpaio, failed. How will the story of DACA be remembered?

Much more than the sum of its parts, DACA will be remembered as an intriguing political story. For years, Congress introduced legislation known as the DREAM Act to provide legal status and a pathway to permanent residency for young undocumented college students. Congress has debated some kind of comprehensive immigration reform over two decades. All of these efforts failed. Said President Obama in announcing DACA “In the absence of any immigration action from Congress to fix our broken immigration system, what we’ve tried to do is focus our immigration enforcement resources in the right places.” DACA helped jump start the forceful movement across the nation calling for the vindication of the rights of immigrants.

Politics led to DACA’s demise. Donald J. Trump ran for President on a strident immigration enforcement ticket and promised to end the “unconstitutional” DACA policy. After the inauguration of President Trump and lobbying by some Republican leaders to keep DACA, the administration tried to terminate DACA and announced this “wind-down” in a press conference on September 5, 2017. Ultimately, political slogans, not reasoned analysis, were offered for the decision to end DACA.

The Trump administration’s arguments to the Supreme Court defending the end of DACA were also mired in politics. In a convoluted fashion that wended its way to federal appellate courts from coast to coast, the administration—through a series of Interim leaders—simply ignored the requirements of the Administrative Procedure Act and in an arbitrary and capricious way simply declared that DACA was “illegal,” and that they were required to end it.

The claim that DACA was somehow “illegal” was simply not true. No court found it to be, and for good reason. Deferred action is an instrument of discretion used to shield “low priority” immigrants from deportation. Deferred action enjoys a long history and legal foundation across both Republican and Democratic administrations. The administration could decide to end the policy it, but not by undertaking the judicial role of declaring their own exercise of discretion to be unconstitutional. As it did in the Department of Commerce v. New York (2019) in manufacturing a civil rights rationale for a U.S. citizenship question on the 2020 Census that would have chilled the participation of many Latina/os and immigrants, the administration simply misrepresented facts. The Supreme Court should require the Department of Homeland Security to undertake the searching analysis of facts and policy impacts, and honestly proceed, playing by the rules. Those with DACA have upheld their part of this bargain, and the administration must abide by open and fair procedures required by the law.

DACA will be reminisced as a story about human pain and hope. Said one DACA recipient one author spoke to described September 5, 2017, the day the end of DACA was announced as “just an awful day … Eventually you just get over the pain, get over the fear… and you continue to organize and protect your community in whatever way you can.” Throughout the time DACA has been tossed around in the courts, thousands continue to build families of their own, work in the frontlines of healthcare. and revitalize classrooms in colleges and universities across the country, a phenomenon we have seen first-hand as educators and administrators. DACAmented recipients are now our doctors, lawyers, and schoolteachers, repaying the investment this country has made in them.

If the Supreme Court fails to require the Trump administration to abide by the law, as we urge the Court to insist upon, those with DACA must live under a cruel Sword of Damocles, with no clear pathway to legal permanent residency. They deserve an honest policy determination, and the Supreme Court should insist on no less. Ultimately, it will take Congressional action to enact a DREAM Act, and comprehensive immigration reform to enable these young members a means to their rightful place in our society.

—–

Kevin R. Johnson is Dean of the University of California, Davis School of Law and Mabie/Apallas Professor of Public Interest Law and Chicanx Studies.

Michael A. Olivas is William B. Bates Distinguished Chair of Law, Emeritus, at the University of Houston Law Center and the author of Perchance to DREAM: A Legal and Political History of The DREAM Act and DACA.

Shoba Sivaprasad Wadhia is Samuel Weiss Faculty Scholar, Founding Director of the Center for Immigrants’ Rights Clinic at Penn State Law in University Park, and the author of Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases and Banned: Immigration Enforcement in the Time of Trump.

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

I’ll be more blunt. 

The Administration’s legal arguments for ending DACA have always been bogus and totally disingenuous. Indeed, they do not even remain the same from case to case as they essentially make it up as they go along. It’s all transparently about White Nationalist racism and political pandering to a right-wing minority. 

The lower Federal Courts were nearly unanimous in rejecting the DOJ’s various bad faith positions. Yet, instead of unanimously blasting the Administration’s frivolous request for intervention out of hand and sending a clear message reaffirming the lower courts, the Supremes granted an audience to Francisco and the scofflaws. 

By failing to send a clear message that political pandering at the expense of human lives won’t be tolerated, the Supremes have encouraged further lawless, insidiously-motivated acts by Trump and have become part of the problem. They have also unconscionably undermined lower Federal Court judges who stood up for the rule of law and removal of racism and dehumanization from government decision-making.

Among other things, the Supremes have helped Trump: eradicate 40 years of asylum protections without legislation; weaponize the public charge provisions without legislation to endanger the health an safety of immigrants and our nation; allowed invidious discrimination against Muslims and refugees; and forced individuals who have established reasonable fear of persecution to be sent to live in life-threatening squalor and danger in Mexico. 

The Supremes’ majority has knowingly and intentionally furthered the “Dred-Scottification” of “the other” in society: African-Americans, Latinos, immigrants, asylum seekers, the poor, women, prisoners, workers, etc. Our nation is paying the price.

The solution eventually will require a re-examination of the type of individuals to whom we give the high privilege of serving on the Supremes: their humanity, courage, practical experience, empathy, moral leadership, problem-solving ability, expertise in furthering human rights, and commitment to equal justice for all, rather than narrow “out of the mainstream” political ideologies. The current outrage and unrest over the lack of social justice in the United States can be tied directly to the Supremes’ lack of leadership, courage, humanity, and an overriding commitment to equal justice under law. This version of the Supremes has failed America. Badly!  We must do better in the future!

Due Process Forever!

PWS

06-01-20

WASHPOST EDITORIAL BOARD:  TRUMP IS “EXACTLY THE WRONG LEADER FOR OUR TIMES” — “The right message would combine an insistence on keeping protest peaceful with assurances that justice will be done in Mr. Floyd’s death and a recognition that righting deeper wrongs is an urgent priority. That message will not come from a White House that has used racial hatred as a wedge and repeatedly made clear its contempt for urban America.”🤮

https://www.washingtonpost.com/opinions/as-cities-burn-trumps-bullhorn-drowns-out-the-voices-of-our-better-angels/2020/05/31/97a259e8-a367-11ea-bb20-ebf0921f3bbd_story.html

☠️☠️☠️☠️☠️

As cities burn, Trump’s bullhorn drowns out the voices of our better angels

AS BUILDINGS and businesses burn in many cities across America, state and local officials and community leaders are desperately and at times bravely saluting the justifiable moral outrage of peaceful protesters while seeking to ensure that looters and hooligans whose only agenda is mayhem do not irreparably sully the cause. Meanwhile, President Trump, whose words could matter most, plays his customary role as human flamethrower: exactly the wrong leader for the times.

No magic elixir could extinguish the rage overnight, nor ensure that the fury over George Floyd’s brutal killing in Minneapolis is channeled in a constructive direction. But this much is certain: Words matter, and a commitment to reform matters. Some leaders are trying to deliver both. They recognize the challenges of systemic injustice; the pattern of brutality suffered by African Americans at the hands of white officers; the racism manifested in so many ways, including unequal rates of imprisonment and, now, unequal suffering from the novel coronavirus, both medically and economically.

Meanwhile, Mr. Trump, the divider in chief, fulminates as the nation burns. He does not counsel restraint; nor issue appeals for unity, nor acknowledge the roots and reasons for the fury of black Americans who see white men in uniform as threats to their lives. To his administration, there is no systemic challenge, only “a few bad apples” among police, as Robert C. O’Brien, national security adviser, said Sunday. Even as police train their weapons on journalists doing their jobs by covering the unrest, Mr. Trump attacks the media. As the president vents — warning that “the most ominous weapons” and “the most vicious dogs” would be unleashed on protesters; threatening to deploy the active-duty military; attacking Democrats; relishing the Secret Service’s readiness for “action”; suggesting he may summon his MAGA supporters to the streets — the country’s more emollient voices are muffled.

Live updates on Minneapolis

Wanton destruction, looting and firebombing are unacceptable and unjustified no matter what the provocation, as Rep. John Lewis (D-Ga.) said on Saturday. Responsible leaders are trying to send that message. But against the president’s bullhorn, it becomes harder to hear leaders like Atlanta Mayor Keisha Lance Bottoms, whose anger at destructive rioters in her city was tempered by a heartfelt appeal. “We are better than this as a city, we are better than this as a country,” she said. “Go home. Go home!” It becomes more difficult to focus on the message of Minnesota Gov. Tim Walz (D), who tweeted, “Minnesota consistently ranks highly for our public schools, innovation and opportunity, and happiness – if you’re white. If you’re not, the opposite is true. Systemic racism must be addressed if we are to secure justice, peace, and order for all Minnesotans.”

So much depends right now on moral authority, yet so little of it can break through the chaos of events and the venomous soundtrack from Washington. The right message would combine an insistence on keeping protest peaceful with assurances that justice will be done in Mr. Floyd’s death and a recognition that righting deeper wrongs is an urgent priority. That message will not come from a White House that has used racial hatred as a wedge and repeatedly made clear its contempt for urban America. It is left to other leaders to try to break through the mayhem of the moment, and give voice to our better angels.

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

Trump, already the worst President in U.S. history, has been a clear and present danger to the welfare, security, and continued existence of our nation since he took office. 

His malicious incompetence, corruption, ignorance, racism, meanness, and lack of humanity are now on full display. Trump and his band of grifters, White Nationalists, toadies, and incompetents are a big part of the problem, not the solution!

Indeed, we can’t even get a constructive start on solving the problems of institutional racism, inequality, and failure to take equal justice for all as a serious goal with Trump in office. For example, Trump and the GOP have it very clear that they have the intent and a variety of schemes to suppress African-American and Hispanic-American voting and voting power this November — so far, with no meaningful pushback from the Supremes.

Still, we “are where we are” today because those institutions with a responsibility and the authority to curb his abuses, hold him accountable for his racism and dishonesty, and enforce our Constitution, namely, the U.S. Senate, the Supreme Court, and the GOP have failed to do so. Beyond that, on many occasions they have actually encouraged and joined in his misdeeds.

This November, vote like your life depends on it.  Because it does!

PWS

05-31-20

COURTSIDE HISTORY: ANNIKA NEKLASON @ THE ATLANTIC: How White Supremacist Conspiracy Theories Fueled The Civil War & Continue To Divide & Endanger America!🏴‍☠️☠️

Annika Neklason
Annika Neklason
Assistant Editor
The Atlantic

https://www.theatlantic.com/politics/archive/2020/05/conspiracy-theories-civil-war/612283/

The Conspiracy Theories That Fueled the Civil War

The most powerful people and institutions in the South spread paranoia and fear to protect slavery. Their beliefs led the country to war—and continue to haunt our politics to this day.

Annika Neklason is an assistant editor at The Atlantic.May 29, 2020

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Photo-illustration by Damon Davis

In the months leading up to the Civil War, fear festered in southern living rooms and legislative chambers. Newspapers reported that the newly elected president, Abraham Lincoln, held a “hatred of the South and its institutions [that would] cause him to use all the power at hand to destroy our country” and that his vice president, Hannibal Hamlin, was not only sympathetic to the plight of black Americans but was himself part black—“what we call,” the editor of one Charleston, South Carolina, paper stated, “a mulatto.” Warnings circulated in pamphlets and the press that an antislavery federal government would inspire a wave of violent slave revolts and then allow the South to burn, rather than stepping in to quell resistance. Texas’s declaration of secession asserted that northern abolitionists had for decades been sending “emissaries” to “bring blood and carnage to our firesides.” Georgia’s insisted that the “avowed purpose” of Republican leaders was to “subvert our society and subject us not only to the loss of our property but the destruction of ourselves, our wives, and our children, and the desolation of our homes [and] our altars.”

These claims were not relegated to the fringes of southern society; they emanated from its center. The most powerful people and institutions in the region voiced and acted upon them as fact. But they were unfounded: conspiracy theories, born of white supremacy and the desire to justify and maintain slavery. Even as they helped shield the antebellum South against the rising abolitionism in the North and in other countries, these theories deepened sectional divisions and made the question of slavery all but impossible to settle peacefully. They helped fuel the deadliest war in the nation’s history. And their violent legacy has lingered across centuries.

The lies might not have spread so far or engendered so much violence if not for the real threat, and the real fear, that they tapped into. There was no great sectional war planned to root out slavery in the South, no plot among Lincoln’s allies to execute a mass murder of slaveholders and their families. But there were slave revolts. And those slave revolts could become deadly. In the Caribbean, a series of mass rebellions broke out in the 18th and early 19th centuries. The most successful of these, the Haitian Revolution, forged a new free state out of a bloody conflict that killed tens of thousands of Europeans and white colonists, along with more than 100,000 slaves and freedmen. In the United States, where slaves remained a minority of southern state populations, violent uprisings were more limited, but still occurred: Individual slaves lashed out; groups of fugitives fought off slave catchers; and, every so often, an organized rebellion was planned.

These uprisings contradicted the narratives that southern slaveholders had constructed. In their telling, slaves were well cared for and content, provided with a better life than they could ever build for themselves in freedom—a life that would give them no good reason to turn on their owners.

To square this defense of slavery with the threat of resistance, southern slaveowners “over time shifted toward a more conspiratorial view,” Matthew J. Clavin, an American- and Atlantic-history professor at the University of Houston, told me. “Slaveowners blamed outsiders. Or they blamed free black people. Or they blamed foreign emissaries from London [for] trying to incite their slaves to rebel.”

Writing in The Atlantic in 1861 about the free black man Denmark Vesey’s thwarted plans to lead an uprising in Charleston, the abolitionist Thomas Wentworth Higginson noted that the first official report on the revolt considered a range of possible motivations for the rebels—including “Congressional eloquence,” “a Church squabble,” and “mistaken indulgences”—but not that slavery itself might be to blame. “It never seems to occur to any of these spectators,” Higginson observed, “that these people rebelled simply because they were slaves and wished to be free.”

Abolitionists were a favorite boogeyman in slaveholders’ stories. Antislavery pamphlets and speeches were also cited in reports about Vesey’s plans as a “means for inflaming the minds of the colored population” and instigating rebellion.

Such accusations were common in the first half of the 19th century, Clavin noted. “There would be episodes of a slave burning a slave owner’s house to the ground or slitting an overseer’s throat,” he said. “And there would be a wealthy abolitionist from New York City who would give a speech, and the speech didn’t incite violence, didn’t encourage anyone to run away, but six months later, southerners would be blaming that northern orator for causing the slave disturbance. It really [was] just an unbelievable ignorance of the facts used to create a community-wide response that was anti-abolitionist.”

John Brown’s attempt to start a mass slave rebellion in Virginia in 1859 seemed to confirm these sentiments. Brown was like a character straight out of a conspiracy theory: a white abolitionist who intended to arm slaves and turn them against their owners with the backing of a secretive network of antislavery supporters in New England (one of whom laid out the conspiracy in detail in The Atlantic years later).

For southerners, the John Brown rebellion “lent credence to that conspiratorial thinking that The abolitionists are coming, that Abolitionists are out to get us, that Abolitionists are encouraging slave revolts,” Clavin said. But Brown’s raid was, in reality, “an absolute anomaly. Very few, if any, abolitionists, black or white, were literally willing to start a slave insurrection themselves.”

And slaveholders knew it. “They overstated the threat from abolitionists,” Clavin said. “They did that on purpose, because it served their intellectual needs”—allowing them to unite the South against a common enemy and to defend the narrative that slaves were docile and content.

At the same time, slaveholders worked to further unite the white South in fear of rebellion by circulating the “diametrically opposed image” of enslaved people as innately violent and dangerous, Manisha Sinha, an American-history professor at the University of Connecticut and the author of The Slave’s Cause: A History of Abolition, told me. The revolutionaries in Haiti, for example, were portrayed not as “freedom fighters, but as barbaric people who descended into completely chaotic violence for violence’s sake,” she said.

The abolitionist John Weiss detailed how the revolution was transformed into a scary story for southerners—commonly called “the Horrors of San Domingo”—in an 1862 article for The Atlantic. “The Haytian bugbear” had been wielded by pro-slavery forces “to render anti-slavery sentiment odious” and “to defeat the great act of justice and the people’s great necessity” of emancipation, he wrote.

The specter of mass uprising spread “both in public and private narratives,” Sinha said. Southerners grew to fear that “at the moment of emancipation” slaves “were going to wage a huge Haitian Revolution–like rebellion that would kill all whites and establish ‘black supremacy,’” or that they “were just going to rise up, rape all white women, and that would be the end of whiteness.”

These conspiracy theories made an existential threat out of emancipation, and insidious enemies out of northern antislavery forces. Eventually, they became so powerful that southern leaders decided to break from the Union and launch the Civil War. Their racist defenses of slavery could not admit the possibility of a peaceable emancipation such as the one that Lincoln and northern abolitionists actually sought. So after decades of preaching that abolition would mean sweeping violence, southern leaders brought that violence on themselves—and hastened the end of slavery in the process.

Slavery was, however, survived by the racist fears intended to protect it. Sinha traced their legacy through generations of murder, incarceration, and exclusion, from the “regime of racial terror” in the postwar South to the restrictive immigration laws of the late 19th and early 20th centuries, all the way up to the “authoritarian mindsets, conspiratorial ways of thinking, and demonization of the other” that continue to pervade American politics in the present day. The belief in abolitionist terror and black violence that southern slaveholders had constructed, she explained, made the prospect of “a republic of equal citizens” feel like an existential threat not only to the culture of white supremacy but to all the white people who lived in it. The groups of people embodying the threat have changed and expanded over time: from slaves to Asian immigrants to civil-rights activists to Muslim Americans. But the fear has never entirely gone away. Through the lens of that fear, racist violence, such as that practiced by the Ku Klux Klan, and laws, such as voting restrictions or Donald Trump’s “Muslim ban,” have been reframed as protective measures. Conspiratorial vigilance and authoritarianism become shields against an imagined revolution.

. . . . 

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

Read the rest of Annika’s article at the link.

Clearly, Donald Trump did not originate the concept of “fake news,” nor did he invent internet conspiracy theories. But, he, his cronies, and his enablers have become experts in exploiting it for their own selfish purposes: From the absurdist, yet dangerous and divisive, “birtherism” to today’s disingenuous attempts to shift blame for the racism that has spawned disorder throughout our nation.

This November, vote like your life depends on it. Because it does!

PWS

05-31-20

🗽⚖️A VOICE FOR THE TIMES: Rep. James Clyburn (D-SC), Interviewed by Vanity Fair’s Chris Smith — “My vision comes from the pledge of allegiance: liberty and justice for all. That remains a vision—but we’re not doing much to make that vision a reality. Mitch McConnell goes on the floor of the Senate and calls me out, as if there’s something nasty about my vision. He never asked me what my vision was.”

Rep. James Clyburn (D-SC)
Rep. James Clyburn
D-SC
Chris Smith
Chris Smith
Writer
Vanity Fair

https://www.vanityfair.com/news/2020/05/james-clyburn-on-the-floyd-killing-and-the-role-of-race-in-the-coming-election?utm_source=nl&utm_brand=vf&utm_mailing=VF_HivePS_053020&utm_medium=email&bxid=5bd67c363f92a41245df49eb&cndid=48297443&hasha=8a1f473740b253d8fa4c23b066722737&hashb=26cd42536544e247751ec74095d9cedc67e77edb&hashc=eb7798068820f2944081a20180a0d3a94e025b4a93ea9ae77c7bbe00367c46ef&esrc=newsletteroverlay&utm_campaign=VF_HivePS_053020&utm_term=VYF_Hive

“At Some Point the Country Is Going to Have to Wake Up”: James Clyburn on the Floyd Killing and The Role of Race In The Coming Election

Chris SmithMay 29, 2020

Clyburn, who helped hand Biden his presumptive nomination, talks about Biden’s “you ain’t black” and V.P. possibilities, and why this moment is defined by “raw politics and meanness.”

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by Stephen Maturen/Getty Images.

James Clyburn grew up in a segregated South Carolina. He is now the longest-serving member of the state’s congressional delegation and the highest-ranking black Democrat in the House. In February, Clyburn basically saved Joe Biden’s presidential bid, endorsing Biden three days before South Carolina’s pivotal primary and helping deliver the decisive black vote. On Thursday evening, just after landing in his home state for a weekend visit, the 79-year-old Clyburn talked about holding on to his optimism in the wake of yet another brutal killing of a black man by police.

Vanity Fair: What was your reaction when you saw the video of a Minneapolis cop kneeling on the neck of George Floyd?

James Clyburn: I don’t know that I would describe my emotion as anger. I guess I should be angry. Maybe at my age, and as many of these kinds of things as I’ve experienced, you get to the point where you say, but for the video, I would not have seen it; other people would not have seen it; and the official word would be all anyone knew. I do feel, though, that at some point the country is going to have to wake up to this reality.

What do you tell black Americans, particularly young black male Americans, who say the country is long past the point when it should have awakened, and that the reality is just racism and hatred?

Going back to the student movement and the civil rights movement, I’ve really questioned many times whether or not what we were doing made any real sense. Whether there was any possibility of success. But along with people like John Lewis, who I met in October 1960, he’s held on to his faith in the country, and I’ve held on to mine. I went to jail several times. I ran for office three times before I got elected. You don’t give up. You aren’t going to win by giving up.

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by Salwan Georges/The Washington Post via Getty Images.

The four Minneapolis police officers have been fired. Should they be tried for murder?

They certainly should stand trial. The hand of one is the hand of all, so four people need to be on trial.

In a conference call with House leaders two days after Floyd’s death, you talked about it being a symptom of larger problems that plague minority communities, and that it showed the need for systemic change. What did you mean?

I have been saying for a long time now that so much in this country needs to be restructured. Health care, education, the judicial system. Every time these issues are raised, folks on the Republican side find a way to parse the words and turn it to their agenda, and they get accommodated by too many people in the media. When we first started discussing the CARES Act, I said to my caucus, in a Zoom call, that this was a tremendous opportunity for us to restructure things in our vision. My vision comes from the pledge of allegiance: liberty and justice for all. That remains a vision—but we’re not doing much to make that vision a reality. Mitch McConnell goes on the floor of the Senate and calls me out, as if there’s something nasty about my vision. He never asked me what my vision was. I’ve got it on billboards all over Charleston: “Making America’s Greatness Accessible and Affordable for All.” What’s wrong with that? And that’s been weaponized by the other side as something untoward. It’s ideology, it’s raw politics, and meanness. That’s why we can’t fix these things.

Do you think the Floyd killing will end Minnesota senator Amy Klobuchar’s chances of being picked as Joe Biden’s running mate?

It certainly won’t help. But it’s not just this. Her history with similar situations when she was a prosecutor came up time and again during the campaign. I suspect this incident plays into that.

You said you cringed when Biden told a radio host, “If you have a problem figuring out whether you’re for me or for Trump, then you ain’t black.”

I compare Joe Biden to the alternative, not the Almighty. One of the things I learned early in this business is that one of the worst things you can do in politics is to make a joke out of any serious matter. He would have been better off not doing that.

Senator Tim Scott, a Republican from South Carolina who happens to be black, said that Biden’s remark showed him to be “condescending and arrogant.”

I’ve known Joe Biden for a long, long time. I don’t perceive anything about him to be arrogant. Tim Scott supports [Donald] Trump, and I don’t. If he can reconcile his blackness with Trump, that’s fine. I can’t reconcile mine with Trump. I’ll never ever accept the president of the United States looking into a camera and calling a black woman a dog. I will never get over that. Nothing else he says will matter to me. And he said that not about one of his opponents—that was about one of his staffers! Who supported him! I have three daughters, and I know how I’d feel about any man calling one of them a dog.

With his attacks on former president Barack Obama, among other things, it’s clear that Trump is going to play the race card in his reelection campaign. Do you worry about the tensions becoming dangerous, or is it better to have the issue out in the open?

I think we’re in much better shape for it to be out in the open than for it to be hidden under a bushel. That’s what happened in 2016. The whole thing about African American males responding to Trump saying, “What do you have to lose?” I know from my visits to barber shops that it resonated. But if you fool me once, that’s on you. If you fool me twice, that’s on me. If black men allow themselves to be fooled twice, it’s on them. Four years later, if it ain’t clear what they have to lose, if they can’t count up their losses with Trump, ask them to ask me.

You have said that it isn’t “a must” for Biden to pick a black woman as the vice presidential nominee. Why not?

I remember Sarah Palin. She was fine until it turned out the vetting hadn’t been thoroughly done. I remember Geraldine Ferraro. She was fine. It was her husband that got exposed during the campaign. So if I say it’s a must and something turns up in the vetting, what does that make me? I’m never going to say it’s a must for him to choose a black woman. It would be a plus.

Are you confident that black turnout will be high enough to win no matter whom Biden chooses?

I don’t know about that. Black voters are incentivized already. You can always stimulate the vote. There are picks that could energize the vote.

If Biden said, “Jim, I’ll choose whomever you want,” what would say?

I’m not gonna tell you! But I would tell him.

There’s a tremendous amount of outrage right now about the George Floyd and the Ahmaud Arbery killings. But unfortunately, we’ve seen this cycle many times before, where attention fades after a few weeks.

I think something’s going to be different about this. After the Minneapolis killing, I saw the Minnesota attorney general on TV. For the first time in the state’s history, that attorney general is African American. Also Muslim. That, to me, helps set this whole issue on a different plane. Minneapolis had issues with the former mayor and the police. This mayor says he’s calling for these men to be indicted. To me, that’s progress in something all of us need to work on. You can’t take these things in silos. I’m a history guy. I’ve been studying this country’s history pretty much all my life. It’s pretty sordid in some areas. But that history ought to inform us. Everybody’s not going to learn the lessons. The ones who learn, you hope they change the world.

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

Our country can’t get to the better future we need with horrible, unqualified, bigoted leaders like Trump, Pence, Mitch, et al.

One of the most unhelpful of our failed institutions: A Supreme Court that has abandoned the courageous heritage of Brown v. Board of Education and instead encouraged, embraced, aided, and abetted the “Dred Scottification of the other” by a corrupt, bigoted, racist, overtly White Nationalist Executive and his equally corrupt cronies and toadies. 

This November, vote like your life depends on it. Because it does!

PWS

05-31-20

CATHERINE RAMPELL @ WASHPOST: Will Trump’s Incompetence Save America From His Maliciousness?

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/trump-is-all-about-deregulation–except-when-it-comes-to-his-enemies/2020/05/28/dcfb9638-a116-11ea-b5c9-570a91917d8d_story.html

Catherine writes:

. . . .

That’s because the pretense was nonsense from the start. Trump’s regulatory agenda was never about helping the economy; it was always about rewarding friends and punishing enemies. White House officials have weaponized the “administrative state” they claim to hate and have repeatedly tried to strangle disfavored groups with regulations and red tape.

Not just Twitter, either.

Arbitrary delays in processing visa applications, for example, have been used to punish immigrants and the companies that employ them. U.S. Citizenship and Immigration Services has rejected visa applications because applicants lack a middle name. It has also waited to mail approved visas until (oops!) after the visas had already expired.

The additional costs and uncertainty these processing changes create for workers and their employers are a feature, not a bug.

Elsewhere, both federal and state officials have ratcheted up bureaucratic hurdles for the poor, as Georgetown University professors Pamela Herd and Donald P. Moynihan have documented.

Right now, for example, states can decide a poor family is automatically eligible for food assistance if the family is enrolled in other means-tested safety-net programs. The Trump administration is trying to block states from doing this, and require more paperwork to prove eligibility. By the administration’s own calculations, this would cause 1 million children to lose their automatic eligibility for free school lunches.

The administration, of course, argues that its regulatory decisions are determined not by Trump’s political whims but by meticulous analysis of what’s best for the economy.Helpfully, a method exists to check their work: the cost-benefits analysis that agencies must produce ahead of major rule changes.

These records show, however, that the administration has repeatedly struggled to prove that its regulatory actions actually increase economic and social welfare.

To get the numbers to work out in its favor, the administration has had to cook the books.

. . . .

The only upside to this slapdash math is that it makes the administration’s most damaging and punitive regulatory changes less likely to hold up in court. Already, the Trump administration has lost more than 90 percent of the legal challenges to its regulatory policies, according to New York University’s Institute for Policy Integrity. By comparison, previous administrations lost only about 30 percent of the time.

“A lot of these losses have been because of the poor quality of the analysis — who’s harmed, who’s helped, by how much,” said Richard Revesz, a law professor who directs the institute.

The only thing that may save us from the administration’s regulatory vindictiveness is its incompetence.

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

Read the rest of Catherine’s article at the link.

As usual, Catherine’s analysis is “spot on.” My problem is this.

If the same private litigant and his or her lawyers kept presenting Federal Courts with false, misleading, or just plain faked evidence and statistics, the private lawyers likely would be facing discipline or disbarment for failure to provide “candor to a tribunal.” The client would be facing large penalties and likely contempt for continuing to institute or cause frivolous litigation.

Yet, except for occasional “harsh but toothless” language in judicial opinions or a couple of minor fines, Trump, his sycophantic toadies, and his battery of unethical Government lawyers get off scot-free for abusing the Article III Judiciary and our legal and judicial processes. Meanwhile, the private litigants are forced to file the same challenges over and over again in different jurisdictions across the country. In the area of immigration, asylum, and human rights, most of the lawyers are donating their time pro bono, while the unethical Government attorneys and their corrupt clients are on the taxpayer’s dime. 

The occasional Equal Access to Justice Act award against the Government seldom comes close to compensating private lawyers for their actual lost time and lost opportunities. Nor does it deter the Trump regime, because it comes out of “you of the taxpayers’” pocket.

A Federal Judge demands accurate statistics from DHS after private litigants show the last batch was bogus; the DHS merely submits another set of bogus or misleading data, forcing the private litigants to once again have to demonstrate their unreliability. Government officials and their attorneys claim, contrary to fact, that there is no “child separation” policy, but suffer no consequences other than to be told to stop violating the Constitution. Instead of doing that, they “repackage” unconstitutional child separation as a bogus “parental choice.” So, now the private litigants, who have already won once, have to show that the latest iteration of a clearly illegal and contemptuous policy is what it is: unlawful. 

A Federal Judge orders they DHS to make individualized release determinations for detainees held in overcrowded substandard conditions that violate the Government’s own health guidance. Instead of doing that, the DHS merely moves them to another, slightly less crowded facility with equally bad conditions and falsely claims they have “fixed” the problem. Again, the private litigants have to gather new evidence that the move has not materially reduced the health risks to the clients. And so on.

Essentially, the Trump regime and their lawyers are playing a big game of “hide the ball;” every time the private advocates show the Federal Judge where the ball actually is hidden, the Government simply moves it again. And, unfortunately, most Federal Judges give the regime and its ethics-challenged lawyers unlimited “plays” at the expense of the other side. Even when relief is ordered, it just solves the “problem of the moment” rather than halting the pattern of ethical abuses, contemptuous attitudes, and unlawful conduct by the regime and its complicit lawyers.

In effect, the regime has “weaponized” the Federal Courts and the Article III Judiciary in a way not dissimilar from how Sessions and Barr have “weaponized” the Immigration Courts. Turning the Article III Courts into a feckless “runaround” where the individuals and their lawyers “lose even when they win” makes the process punitive and serves as a deterrent to those seeking to challenge the regime’s overtly lawless agenda.

The November election is the chance to throw a scofflaw regime out of office. But, the deep-seated institutional and integrity problems of an Article III Judiciary, beginning with the dangerously complicit and spineless in the face of tyranny “Roberts Court,” that has allowed itself to be “weaponized” and used by the army of authoritarian scofflaws to punish those seeking to uphold the Constitution and the rule of law won’t be solved so quickly. The Article III Judiciary requires an institutional re-examination and a philosophical and ethical overhaul so that it serves the Constitution, due process of law, and equal justice for all, rather than protecting the interests of an insular right-wing minority that seeks nothing less than the disintegration of our nation and our cherished democratic institutions.

PWS

05-29-20

“COURTSIDE REPLAY” — We Really Don’t Have To Look Far To See Why Police Continue To Devalue, Abuse, & Dehumanize the African American Community With Little Accountability — Jeff Sessions’s Overt Racism & Hostility To The Constitution, Civil Rights, The Rule Of Law, & Vulnerable Minorities Set The Ugly Tone For The Trump/Miller/Barr “New Jim Crow!”

James “Jim” Crow
James “Jim” Crow
Symbol of American Racism
Jeff “Gonzo Apocalypto” Sessions
Jeff “Gonzo Apocalypto” Sessions
“Police Brutality? What Police Brutality?”

From the April 4, 2017 edition of “Courtside:”

https://immigrationcourtside.com/2017/04/04/sessions-to-citizens-who-suffered-police-brutality-go-pound-sand-busting-criminals-deporting-migrants-policing-tech-employers-takes-precedence-over-civil-rights-protections-for-african-america/

A.G. Sessions To Citizens Who Suffered Police Brutality: Go Pound Sand! — Busting Criminals, Deporting Migrants, Policing Tech Employers Takes Precedence Over Civil Rights Protections For African Americans — Baltimore Police Reformers Forced To “Stand Alone” After DOJ Pulls The Rug Out From Underneath Them!

https://www.washingtonpost.com/local/public-safety/baltimore-police-commissioner-pledges-reform-despite-justice-dept-action/2017/04/04/5b745ce8-b88b-4b5e-a14b-4f9f84376168_story.html?hpid=hp_rhp-moreheds_baltimore-130pm:homepage/story&utm_term=.3d445d2028e7

Lynh Bui and Peter Hermann report in the Washington Post:

“BALTIMORE — After the federal government released a searing 163-page report in August condemning police practices in Baltimore, the police commissioner and mayor stood with Justice Department leaders to promise sweeping reform.

Change was necessary, they all said, not only to prevent riots like those that flared after the fatal injury of Freddie Gray in police custody, but also to repair the long-standing, deep rift between the city’s crime-weary residents and its police.

Nine months later, Baltimore’s mayor and police commissioner again appeared before television cameras committing to overhaul the department.

But this time they stood by themselves.

“I’m asking the citizens of Baltimore to have faith that we will continue this work,” Mayor Catherine E. Pugh (D) said Tuesday. “It’s hard to deny that these kinds of reforms don’t need to take place in the city of Baltimore.”

On January 12, Attorney General Loretta Lynch announced the Justice Dept. reached a deal for sweeping reforms to the Baltimore Police Dept. after a federal review found officers routinely violated residents’ civil rights. (Reuters)

The pledge to move ahead came hours after the Justice Department had asked a federal judge Monday night to postpone the department’s tentative police reform agreement with the city — part of a wider review of pacts nationwide ordered by U.S. Attorney General Jeff Sessions.

The Baltimore consent agreement was announced days before President Trump took office and awaits a federal judge’s approval.

The request for a delay, which a judge has yet to rule on, left some Baltimore leaders and residents worried that momentum will wane and leave the city stuck in a familiar loop of unfulfilled promises.

Interim city solicitor David Ralph would not comment Tuesday on whether the city would file a response to the requested delay.

“It seemed clear that Justice was going ahead with these reforms, and now all of a sudden they don’t want to do it,” said Rebecca Nagle, co-director of the No Boundaries Coalition, a ­resident-led advocacy group.

The coalition helped organize residents to relay their experiences with city police to the Justice Department team that produced the August report, which concluded that the police department engaged in unconstitutional policing that discriminated against black residents in poor communities through illegal searches, arrests and stops for minor offenses.

“Residents invested two years doing this, and not going forward will destroy the trust that has built up,” Nagle said.

In Sessions’s two-page memo ordering the review of open and pending consent decrees, he said the department wants to guarantee the pacts are in line with Trump administration goals of promoting officer safety and morale while fighting violent crime.

“The Federal government alone cannot successfully address rising crime rates, secure public safety, protect and respect the civil rights of all members of the public, or implement best practices in policing,” the memo stated. “These are, first and foremost, tasks for state, local and tribal law enforcement.”

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

Now, I might only be a retired Immigration Judge, not a civil rights expert. But, even I can tell that if “state and local law enforcement” could solve this problem, it would have been solved long ago.

In fact, until former Attorney General Lynch and the DOJ’s Civil Rights Division intervened, state and local authorities had done their best to cover up the problems and avoid solving them. (And, I’m by no means a fan of Lynch. She was appropriately very interested in vindicating the civil rights of African Americans. But, she wasn’t interested in the human rights of mostly Hispanic women and children fleeing Central America. She aided and abetted a system of detention of such asylum applicants under deplorable conditions and hustling their cases through the U.S. Immigration Courts, in too many cases without full due process or even an opportunity for a fair hearing.)

No, what Sessions really means is that he has no interest whatsoever in helping the African American community vindicate their civil rights if it means clamping down on police abuses. After all, look at the “bang up” job that Session’s home state, Alabama, did on protecting its African American citizens from police abuses for most of the 20th Century. Who could ask for more? Or, perhaps we should get a “second opinion” from Congressman John Lewis (D-GA) who had his head split open by one of Sessions’s “police heroes,” an Alabama State Trooper.

That’s what often happens when the Feds rely on states and localities to vindicate citizen’s constitutional rights against the state’s own abuses. Classic “fox guarding the chicken coop.” Sort of like having Jeff Sessions protecting the rights of minorities and migrants. Yeah, the Birmingham Bridge incident was in 1965. But, Sessions and his gang have every intention of turning the clock back to those “glory days” of state’s rights.

Remember, it wasn’t that long ago that Senator Elizabeth Warren (D-MA) was “silenced” on the Senate floor for “disparaging” a colleague, Senator Sessions, by putting the truth about his tone-deaf record on civil and human rights “in the record.” But, silenced or not, Warren spoke truth about Session’s unsuitability to serve as Attorney General. Sadly, African Americans, Hispanics, members of the LGBT community, and migrants are likely to find out first hand that “he’s still the same ol’ Jeff.”

PWS

04-04-17

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

The George Floyd tragedy became largely inevitable the day a GOP-controlled Senate approved the stunningly unqualified 21st Century Jim Crow Jeff “Gonzo Apocalypto” Sessions to be Attorney General. The results have been disastrous for America and particularly cruel and tragic for people of color.

The beginning of the solution: Vote Trump and the GOP out of office; make sure Jeff Sessions remains “retired forever;” just say no to equally disgraceful “New Jim Crow” Tommy Tuberville (“birther,” racist, bigot, Trump shill https://www.motherjones.com/politics/2019/08/tommy-tuberville-perfected-his-folksy-trumpism-in-that-great-lab-of-democracy-local-sports-radio/); return Senator Doug Jones (D-AL), an incredibly competent and decent human being, who has been representing all of the people of Alabama in an outstanding manner, to the Senate.

Also, as a nation, we need to come to grips with the failure of our Supreme Court. The Supremes’ GOP majority has enabled, encouraged, and embraced the Trump regime’s “Dred Scottification” of “the other.”

They have disgracefully and improperly failed to set a legal and moral tone condemning racist abuses, kids in cages, gross mistreatment of legal asylum seekers, and blatantly biased and unconstitutional Immigration “Courts” that parody and mock justice every day. The Supremes have enabled GOP schemes to erode minority voting and political power and have shown a willingness bordering on enthusiasm to accept bogus security-related “pretexts” for racism, religious intolerance, and abuse of authority by Trump and his cronies!

Unwarranted favoritism toward unethical Trump Solicitor General Noel Francisco is also a glaring, inexcusable problem. America’s future depends on a more diverse, courageous, humane, and “connected with reality” Supreme Court; a Court that rejects bogus right-wing legal nonsense; a Court that solves problems, upholds individual legal rights, insists on “equal justice for all,” and holds the Executive fully accountable for intentional abuses of authority.

This November, vote like you life and the survival of our democratic republic depend on it! Because they do!

PWS

05-29-20