AFTER HELPING INSTALL AN ANTI-AMERICAN REGIME IN WASHINGTON, SEN. “BOBBY THE CORK” FINALLY STARTS TO FACE UP TO WHAT HE AND THE GOP HAVE DONE TO DESTROY AMERICA: “It’s a shame the White House has become an adult day care. Someone obviously missed their shift this morning.”

http://www.cnn.com/2017/10/08/opinions/corker-and-white-house-day-care-center-opinion-dantonio/index.html

Michael D’Antonio reports for CNN:

“(CNN)In the end, Donald Trump finally pushed Sen. Bob Corker to the point of exasperation, frustration and exhaustion felt by vast numbers of Americans who despair of the President’s behavior. “It’s a shame the White House has become an adult day care center,” tweeted Corker, referring to his fellow Republican as if he needs constant minding. “Someone obviously missed their shift this morning.”

Corker was provoked by early Sunday morning statements from Trump. who said, via Twitter, “Senator Bob Corker ‘begged’ me to endorse him for re-election in Tennessee, I said ‘NO’ and he dropped out (said he could not win without my endorsement).” Trump also said Corker asked to become secretary of state but, “I said ‘NO THANKS.'” He also said Corker “didn’t have the guts” to seek re-election in 2018.
The capital letters suggest the tweets came straight from the President. He loves capital letters. But the timing and content are more important indicators of authenticity. Trump’s social media outbursts are more vivid on weekends, when he’s likely home alone.
And true Trump tweets resonate with a tone — “guts” and “begged me” are classics — that makes it seem like he doesn’t quite understand where he is, or what is required of him. (Never mind that Corker’s chief of staff, Todd Womack, challenged Trump’s account of the facts: “The President called Sen. Corker on Monday afternoon and asked him to reconsider his decision not to seek re-election and reaffirmed that he would have endorsed him, as he has said many times.”)
The fact that Trump could conduct stream-of-consciousness carping from the confines of the same White House that had been occupied by the likes of Lincoln, FDR and Ronald Reagan suggests that he may not be aware of his surroundings. As he tweets about TV shows, we can see that his mind is too often fixed on matters beneath a president. And when he does focus on something important, like national security, he indulges in silliness about the “Rocket Man” (Kim Jong Un) or praises himself: “Wow, Senator Luther Strange picked up a lot of additional support since my endorsement.”
Despite the President’s “Wow,” Alabama’s Sen. Strange wound up losing a GOP primary to Roy Moore.  A religious extremist who was twice forced to step down from the Alabama Supreme Court, Moore had called homosexuality “evil,” insisted Muslim Rep. Keith Ellison should not be permitted to serve in Congress and suggested the attacks of 9/11 could have been God’s punishment for American sinfulness.    
The prospect of serving with Moore may have helped Corker reach his decision to retire as of 2018, but his concern about Trump predates the Alabama primary. In August, Corker was obviously appalled by Trump’s response to a white supremacist march in Charlottesville, when he said among the torch-bearing neo-Nazis there were some “very fine” people.
Corker considered these words and concluded, “The President has not yet been able to demonstrate the stability nor some of the competence that he needs to demonstrate in order to be successful.”
Just days ago, Corker stood up for Secretary of State Rex Tillerson, who had reportedly called Trump a “moron” and was trying to demonstrate his loyalty to the President. “I see what’s happening here,” said Corker.  “I deal with people throughout the administration and (Tillerson), from my perspective, is in an incredibly frustrating place, where, as I watch, OK, and I can watch very closely on many occasions, I mean you know, he ends up being, not being supported in the way I would hope a secretary of state would be supported. That’s just from my vantage point.” He suggested that Tillerson, along with Defense Secretary James Mattis and White House Chief of Staff John Kelly, were keeping the United States from tumbling into “chaos.”
Frustration with Trump can be heard across the nation as leaders who hoped the President would set aside his rage and self-centeredness in the service of the country are met, instead, by the same old Donald Trump. No more thoughtful than he was as a TV game show host and no more reliable than when he was a salesman practicing “truthful hyperbole,” Trump makes much of the world cringe as he fails to achieve his agenda at home and undercuts his own secretary of state abroad.
With Trump in a cycle of saying and doing destructive and disruptive things unbecoming the leader of the free world,  Corker seems to be suffering from the sort of burnout experienced by those who care for senior relatives.
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Here his evocation of “adult care” is more meaningful than the senator may even know. Adult day care is as much a service for the friends and family of those with dementia and other disabling conditions as it is for those who attend programs. The respite they receive when experts take over for a few hours makes it possible to continue with the burden of caregiving.
In the case of President Trump, the parallel with adults in care includes, also, the sad reality that someone who is supposed to be strong and capable is, instead, in need of supervision. It’s hard to begrudge Corker his decision to escape dealing with a president in this condition by not running for re-election. But as a member of the Republican Party, he’s one of the few who have the standing to get through to the man, and thus it seems like he’s taking the easy way out while leaving more of the work to the rest of us.  We’re burned out, too.
*******************************************************
Duh, Bobby, many of us knew that Donald Trump was the most spectacularly unqualified candidate ever to seek the Presidency long before he announced his intention to do so! It’s not like his racism, bias, incompetence, divisiveness, monumental dishonesty, pandering to hate and bigotry, fiscal irresponsibility, bullying, misogany, boorish behavior, science denial, anti-intellectualism, neo-facism, White Nationalism, anti-semitism, xenophobia, homophobia, Islamophobia, intolerance, toadying up to Putin, lack of respect for human rights, wanton cruelty, jaw-dropping lack of judgement, untrustworthiness, cowardice, immorality, etc. were secrets. They’ve been out there for everyone (who was smart or intellectually honest enough) to see all along. But, you were happy to “go along to get along” until now. You’ve suddenly had an epiphany. “Hey, this guy that I supported and helped elect is totally incompetent and a threat to the heath and safety of the entire world (not just the “free world”).”
Forgive me if I’m not overwhelmed, Bobby! And, the majority of us who voted to save America and the world from the horrible catastrophe of Trump are still waiting for you and your “fellow travelers” to apologize to us. That would be an honest start on actually “Making America Great Again,” Bobby! Yup, Bobby, we’re burned out too! Long before you were!
PWS
10-09-17

 

TERRIFIED PENCE FLEES NFL STADIUM FOLLOWING PEACEFUL EXERCISE OF CONSTITUTIONAL RIGHTS! — “Trump Told Me To Do It,” Says Vapid Veep!

http://www.huffingtonpost.com/entry/mike-pence-nfl-walks-out_us_59da5fb4e4b0f6eed35114bd?ncid=inblnkushpmg00000009

Igor Bobic reports for HuffPost:

Vice President Mike Pence walked out of Sunday’s NFL game between the Indianapolis Colts and the San Francisco 49ers as several 49ers players knelt in protest during a rendition of the national anthem.

“While everyone is entitled to their own opinions, I don’t think it’s too much to ask NFL players to respect our Flag and our National Anthem,” Pence wrote on Twitter minutes after leaving the game in Indianapolis, Indiana.

Following the example of former San Francisco 49ers quarterback Colin Kaepernick, NFL players around the country have knelt during renditions of the national anthem in order to protest against police brutality and racial injustice directed towards black Americans.

More than a hundred NFL players from several football teams kneeled or held arms in solidarity earlier this month after President Donald Trump called NFL players who kneel during the anthem “sons of bitches.” He later insisted his criticism of the NFL had “nothing” to do with race.

Trump said on Sunday that he asked Pence to leave the stadium in Indianapolis if any players knelt during the national anthem, an extremely likely event given the number of players on the 49ers team who kneel during the anthem before every game.

The president’s revelation suggested the White House orchestrated the walk out on purpose, raising questions about the cost of Pence’s brief trip to Indianapolis. The vice president flew there from Las Vegas, where he visited the victims and families of last week’s horrific shooting. He is now flying back West for a stop in California.

“Wait. This was orchestrated to make a point? That’s not an inexpensive thing to do,” tweeted Sen. Brian Schatz (D-Hawaii) on Sunday.

Many people have commented that Pence’s action came off as publicity stunt, including San Francisco 49ers’ Eric Reid, who was one of the first players to kneel alongside Kaepernick in 2016. Reid told reporters that the three-year-old photo of Pence at a Colts game in 2014 was the last he had heard of the vice president attending a game.

“So this looks like a PR stunt to me,” Reid told a pool of reporters on Sunday. “He knew our team has had the most players protest. He knew that we were probably going to do it again. This is what systemic oppression looks like. A man with power comes to the game, tweets a couple of things out and leaves the game with an attempt to thwart our efforts. Based on the information I have, that’s the assumption I’ve made.”

This is what systemic oppression looks like. A man with power comes to the game, tweets a couple of things out and leaves the game with an attempt to thwart our efforts.Eric Reid, San Franciscos 49ers

Prior to walking out of the game, Pence met with former Colts quarterback Peyton Manning. The retired football star, who also played for the University of Tennessee and has donated to prominent GOP figures, has been floated as a potential candidate to replace Sen. Bob Corker (R-Tenn.). Corker is retiring next year, but Manning has said he has no plans to run for the seat.”

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

Obviously, Trump orchestrated this event to show America that if they ditch him they would be trading a bully for an idiot.

NOTE: Although Pence undoubtedly was carrying out a “staged” role assigned to him by Trump, and the  quote is certainly sufficiently obsequious to have come from Pence, the actual quote in the headline section is “fake news.” However, the rest of the story about Pence’s idiotic behavior is, unfortunately, true — just another day in Trumpland.

NOW, ON TO MORE SIGNIFICANT NEWS:

After spotting the home-standing Dallas Cowboys a 21-6 lead (including missing two missed extra points) the Pack rallied for an exciting 35-31 victory over the ‘Pokes. The incomparable Aaron Rodgers (“AR”) led the last second comeback with a key third down scramble setting up the winning TD pass to Devonte Adams with 11 seconds remaining. Adams came back to catch two TD passes in an inspiring performance following a scary near-decapitation on a cheap shot by Bears’ LB Danny Trevathan during the Pack’s victory on Thursday, September 28.

PWS

10-08-17

 

CNN’S TAL KOPAN: WHITE HOUSE RESTRICTIONIST AGENDA THREATENS DREAMER DEAL!

http://www.cnn.com/2017/10/08/politics/white-house-daca-deal-principles/index.htm

Tal reports:

“Washington (CNN)The White House on Sunday night is expected to release an aggressive list of priorities for any deal to protect young undocumented immigrants in limbo — a list that could make a deal almost impossible to reach if it is strictly followed.

According to documents obtained by CNN, the Trump administration is expected to ask lawmakers to include tough border security and immigration enforcement measures in any deal to replace the Deferred Action for Childhood Arrivals program the administration is ending. Those measures would include provisions to make it harder for unaccompanied minors to enter the country illegally, money for the President’s border wall and cuts to legal immigration.
Trump announced he would end the Obama-era DACA program, which protects young undocumented immigrants brought to the US as children, at the beginning of last month, but gave Congress a six-month window in which to act to make the program permanent. Trump has repeatedly said he wanted border security measures as part of a deal, but Sunday night was the first time lawmakers were able to see the full list of the White House asks.
The list represents Republican priorities for immigration and border security, such as tightening the standard for asylum protections, beefing up staffing, cracking down on sanctuary cities, expanding the ways would-be immigrants can be rejected and cutting back significantly on the number of ways that immigrants can obtain green cards in the US by restricting family categories and transforming the employment-based system.
While Democrats have signaled an openness to some deal on DACA and border security, many of the proposals alone would be deal-breakers. Democrats are almost certainly needed to pass a bill to clear the filibuster threshold of 60 votes in the Senate and to make up for Republicans in both chambers who may decline to vote for any path to citizenship or legalization for DACA recipients.
close dialog
What will be key, one Democratic congressional staffer said, is how hard the White House pushes for the wish list.
“Depends on whether they’re serious or just positioning,” the staffer said. “If it’s the latter, and they leave themselves a lot of room to move, then maybe we can still negotiate something. The problem is that they could lock themselves in politically and then not be able to bend.”
House Minority Leader Nancy Pelosi and Senate Minority Leader Chuck Schumer were quick to pan the list, saying it shows Trump “can’t be serious” about reaching a deal if they start with a list that is “anathema” to immigrants and Democrats.
“We told the President at our meeting that we were open to reasonable border security measures alongside the DREAM Act, but this list goes so far beyond what is reasonable,” the Democratic leaders said in a statement, referring to discussions over dinner at the White House last month. “This proposal fails to represent any attempt at compromise. The list includes the wall, which was explicitly ruled out of the negotiations. If the President was serious about protecting the Dreamers, his staff has not made a good faith effort to do so.”
While Trump has Republican supporters on Capitol Hill who have endorsed a similar wish list of measures, even among his own party, lawmakers have pleaded with the White House not to seek a comprehensive immigration reform package before dealing with DACA — for which permits begin expiring March 6.
At a hearing in the Senate last week with representatives from the Department of Homeland Security, both Illinois Democratic Sen. Dick Durbin and Republican North Carolina Sen. Thom Tillis, who have proposed different DACA measures, implored the officials not to seek a complete immigration deal before any action. Durbin said it was “too much” to “put the burden” on a DACA bill to answer all of the issues on the table.
“It’s too much to ask … and I hope you’ll take that message back,” Durbin said.
Responding to the general principles articulated at the hearing, Tillis said: “It reads like a laundry list for comprehensive immigration reform, and if Congress has proven an extraordinary ability to do anything, it’s to fail at comprehensive immigration reform.”
*************************************************
As I’ve said before, this “proposal” — obviously the work of White Nationalist racists like Stephen Miller and Jeff Sessions influenced by Steve Bannon — is DOA. And, it’s certainly not an outline for “Comprehensive Immigration Reform.” No, it’s actually “Regressive Racist Anti-Americanism.” Of course, it wouldn’t be the first time that that America has used immigration laws to advance a despicable racist agenda. But, in the 21st Century all decent Americans have to take a strong stand against “neo-racists” of the GOP and the “neo-fascists” of the Alt Right. And, a guys like Miller, Gonzo, and Bannon fit both of those categories. They, along with Trump and “Looney White Guys With Guns,” pose the biggest threats to America’s safety and security.
PWS
10-08-17

 

LEGACY OF HATE – TRUMP’S APPOINTMENT OF HOMOPHOBIC JUDGES LIKELY TO TORMENT LGBTQ AMERICANS FOR DECADES TO COME! — Elections Have Consequences!

http://www.huffingtonpost.com/entry/trump-judicial-nominee-abortion-rights_us_59d67a63e4b046f5ad96e117?feh

Jennifer Bendery reports for Huff Post:

WASHINGTON ― Thursday was a good day for Amy Coney Barrett. A Senate committee voted to advance her nomination to be a federal judge.

It wasn’t a pretty vote. Every Democrat on the Judiciary Committee opposed her nomination. They scrutinized her past writings on abortion, which include her questioning the precedent of Roe v. Wade and condemning the birth control benefit under the Affordable Care Act as “a grave infringement on religious liberty.” One Democrat, Al Franken (Minn.), called her out for taking a speaking fee from the Alliance Defending Freedom, a nonprofit that’s defended forced sterilization for transgender people and has been dubbed a hate group by the Southern Poverty Law Center.

But Republicans don’t need Democrats’ votes, and now Barrett, a 45-year-old law professor at the University of Notre Dame, is all but certain to be confirmed to a lifetime post on the U.S. Court of Appeals for the 6th Circuit — a court one level below the Supreme Court.

Barrett is the model judicial candidate for this White House: young, conservative, and opposed to abortion and LGBTQ rights. For all the stories about President Donald Trump using his executive power to roll back civil rights protections — in the past day, his administration axed the ACA birth control benefit and ended workplace protections for transgender people — it is here, on the courts, where his team is working most aggressively to reshape the country.

“Trump’s speed in nominating judges has been perhaps the most successful aspect of his presidency,” said Carl Tobias, a law professor at the University of Richmond who specializes in judicial nominations. “Trump has easily surpassed Obama, Bush and Clinton at this point in the first year of their presidencies in terms of the sheer number nominated.”

He has. Ten months in, Trump has nominated 17 circuit court judges and 39 district court judges. That’s far more than former President Barack Obama’s seven circuit court nominees and four district court nominees by this point in his first year of office. Former President George W. Bush had nominated 11 circuit judges and 31 district judges by this point.

He’s also got more court seats to fill. He inherited a whopping 108 court vacancies when he became president ― double the number of vacancies Obama inherited when he took office. That’s largely due to Republicans’ years-long strategy of denying votes to Obama’s court picks to keep those seats empty for a future GOP president to fill. It worked.

If Trump’s current judicial nominees are a preview of the kinds of judges he plans to nominate in the coming years, prepare for a significantly more socially conservative group of people shaping the nation’s laws.

Consider John Bush. The Senate confirmed him in July, on a party-line vote, to a lifetime post on the U.S. Court of Appeals for the 6th Circuit. Bush, 52, has compared abortion to slavery and referred to them as “the two greatest tragedies in our country.” He has also said he strongly disagrees with same-sex marriage, mocked climate change and proclaimed “the witch is dead” when he thought the Affordable Care Act might not be enacted.

The Senate also confirmed Kevin Newsom, 44, to the U.S. Court of Appeals for the 11th Circuit in August. He wrote a 2000 law review article equating the rationale of Roe v. Wade to Dred Scott v. Sandford, the 1857 decision upholding slavery. He also argued in a 2005 article for the Federalist Society, a right-wing legal organization, that Title IX does not protect people who face retaliation for reporting gender discrimination. The Supreme Court later rejected that position.

Ralph Erickson, 58, was confirmed to the U.S. Court of Appeals for the 8th Circuit in September. As a district judge in 2016, he was one of two judges in the country who ordered the federal government not to enforce health care nondiscrimination protections for transgender people.

 

CSPAN
Here’s U.S. circuit court judge John Bush testifying in his Senate confirmation hearing in June. He thinks abortion is like slavery, and they are “the two greatest tragedies in our country.” 

These are just judges that have been confirmed. Nominees in the queue include Leonard Grasz, Trump’s pick for a seat on the U.S. Court of Appeals for the 8th Circuit. Grasz, 56, proposed amending the Omaha City Charter in 2013 to let employers discriminate against LGBTQ people. He has also compared the “personhood” of fetuses to the civil rights of Native Americans and African-Americans, according to an exhaustive report issued by the Alliance for Justice, a left-leaning advocacy group that focuses on the federal judiciary.

Trump’s effort to shift the federal bench to the right isn’t just aimed at district and circuit courts. He nominated Damien Schiff, a 37-year-old attorney, to a 15-year gig on the U.S. Court of Federal Claims. Schiff has criticized efforts to prevent bullying of LGBTQ students, referring to messages of equality as “teaching ‘gayness’ in schools.” He also argued that states should be allowed to criminalize “consensual sodomy.”

Part of the reason the White House has been able to nominate so many judges, so quickly, is because it’s been focused on filling court vacancies in states represented by two Republican senators. It’s easier for Trump’s team to work with Republicans in picking nominees, and then in moving them forward in committee, where it takes both home-state senators turning in a “blue slip” to get the hearing process going.

Trump has been less successful in confirming nominees, though. That’s partly because in the mad rush to fill courts seats, the White House isn’t reviewing nominees’ records as thoroughly as, say, the Obama administration did. That means more controversial nominees and more scrutiny. Democrats aren’t exactly eager to cooperate, either, given the way Republicans treated Obama’s judicial nominees (remember Merrick Garland?).

But as Trump plows through judicial nominations that will be a part of his legacy for decades, the only thing Democrats can do while they’re in the minority, for the most part, is make noise.

If they want real change, says Tobias, “Democrats need to win elections.”

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

Homophobe Jeff Sessions’s time as Attorney General won’t extend beyond the Trump Administration, if that long. However, the damage he has done to the U.S. legal system, our Constitution, the Department of Justice, and LGBTQ Americans won’t be easily repaired, if ever.

But, life tenured Federal Judges are an even bigger problem. These “robed bigots” will be inflicting cruel, discriminatory, and degrading treatment on the U.S. LGBTQ Community from their benches for decades to come.

In the end, Professor Tobias is entirely correct:“Democrats need to win elections.” Otherwise, our LGBT family, colleagues, friends, and neighbors are going to continue to be targets for homophobic Federal Judges and GOP politicos for many decades.

PWS

10-08-17

7TH CIR. “SCHOOLS” BIA IN BIA’S OWN AUTHORITY TO GRANT WAIVER — ARTICLE III THWARTS BIA’S ATTEMPT TO “GET TO NO!” — Matter of KHAN, 26 I&N Dec. 797 (BIA 2016) BLOWN AWAY — BAEZ-SANCHEZ V. SESSIONS! — There’s Is Now A “Circuit Split” With The 3rd Cir., Which “Went Along To Get Along” With The BIA!

rssExec.pl

Baez-Sanchez v. Sessions, 7th Cir., 10-06-17 (published)

PANEL:  Before BAUER, EASTERBROOK, and HAMILTON, Circuit Judges.

OPINION BY: Judge EASTERBROOK

KEY QUOTE:

LDG addressed the question whether the Attorney Gen‐ eral has the authority to waive the inadmissibility of an alien seeking a U visa. We assumed that, in removal proceedings, IJs may exercise all of the Attorney General’s discretionary powers over immigration. The panel did not justify that as‐ sumption, because the parties had not doubted its correct‐ ness. But after LDG the Board concluded that the assumption is mistaken. In re Khan, 26 I&N Dec. 797 (2016), holds that IJs have only such powers as have been delegated and that the power to waive an alien’s inadmissibility during proceedings seeking U visas is not among them. The Third Circuit has agreed with that conclusion. Sunday v. Attorney General, 832 F.3d 211 (3d Cir. 2016). We must decide in this case whether to follow Sunday and Khan.
Delegation from the Attorney General to immigration judges is a matter of regulation, and arguably pertinent reg‐ ulations are scattered through Title 8 of the Code of Federal Regulations. The BIA in Khan observed, correctly, that the panel in LDG had not mentioned 8 C.F.R. §§235.2(d), 1235.2(d), which omit any delegation to IJs of the power to waive an alien’s admissibility. And that’s true, for those regu‐ lations concern the powers of District Directors rather than the powers of IJs. The principal regulation that does cover IJs’ authority is 8 C.F.R. §1003.10, which provides in part:
(a) Appointment. The immigration judges are attorneys whom the Attorney General appoints as administrative judges within the Office of the Chief Immigration Judge to conduct specified classes of proceedings, including hearings under section 240 of the [Immigration and Nationality] Act. Immigration judges shall act as the Attorney General’s delegates in the cases that come be‐ fore them.
(b) Powers and duties. In conducting hearings under section 240 of the Act and such other proceedings the Attorney General may assign to them, immigration judges shall exercise the powers and duties delegated to them by the Act and by the Attorney General through regulation. In deciding the individual cases be‐ fore them, and subject to the applicable governing standards, immigration judges shall exercise their independent judgment and discretion and may take any action consistent with their au‐ thorities under the Act and regulations that is appropriate and necessary for the disposition of such cases. Immigration judges shall administer oaths, receive evidence, and interrogate, exam‐ ine, and cross‐examine aliens and any witnesses. Subject to §§ 1003.35 and 1287.4 of this chapter, they may issue administra‐ tive subpoenas for the attendance of witnesses and the presenta‐ tion of evidence. In all cases, immigration judges shall seek to re‐ solve the questions before them in a timely and impartial man‐ ner consistent with the Act and regulations.

The Attorney General’s brief in this court observes that §1003.10(b) does not delegate to IJs any power to waive an alien’s inadmissibility. Sure enough, it doesn’t. But §1003.10(a) does. It says that “[i]mmigration judges shall act as the Attorney General’s delegates in the cases that come before them.” This sounds like a declaration that IJs may ex‐ ercise all of the Attorney General’s powers “in the cases that come before them”, unless some other regulation limits that general delegation. The BIA in Khan did not identify any provision that subtracts from the delegation in §1003.10(a). Nor did the Third Circuit in Sunday. Indeed, neither the BIA nor the Third Circuit cited §1003.10(a). We therefore adhere to the view of LDG that IJs may exercise the Attorney Gen‐ eral’s powers over immigration.”

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

In the end, of course, the respondent didn’t win much. The 7th Circuit remanded the case to the BIA to “exercise Chevron authority” on the question of whether the Attorney General himself has been stripped of authority to grant these waivers by the legislation that established the DHS as a separate entity.

But, we already know the answer to that question. The BIA has no desire to exercise jurisdiction over this waiver. Indeed, to do so, could turn out to be “career threatening” if you work for notorious xenophobe Jeff Sessions.

Moreover, even before the advent of Sessions, the BIA abandoned any pretense of  impartiality in exercising Chevron jurisdiction. The BIA usually looks for the interpretation least favorable to the respondent, that of the DHS, and adopts that as it “preferred interpretation.”  To do otherwise could hamper any Administration’s efforts to achieve enforcement objectives, thereby endangering the BIA as an institution. Moreover, agreeing with the private litigant in a published decision could undermine the efforts of the DOJ’s Office of Immigration Litigation to facilitate successful defense of petitions for review removal orders in the Article III Courts.

If this sounds like a strange scenario for a supposedly fair, impartial, and unbiased “court” to adopt, that’s because it is! The BIA is there primarily to slap a “patina of due process” on removal orders without really interfering with the DHS’s “removal railroad.” And that’s useful because of Chevron and the ability of  OIL and the DOJ to disingenuously claim that respondents receive “full due process” from the Immigration Courts and the BIA and that Article III Courts, therefore, ought not to worry themselves about the results. And, in a surprising number of cases, the Article IIIs oblige. They don’t want to be stuck having to redo tens of thousands of mass produced BIA appeals.

So, what’s not to like about this system? The Attorney General gets his wholly owned courts to churn out removal orders that look fair (but really aren’t in many cases). The BIA Appellate Judges get to keep their high paying jobs in the Falls Church Tower without having to personally “face up” to the poor folks they are railroading out of the country to places where their lives and futures are in danger. OIL gets to buttress its narrow readings of immigration statutes against immigrants with so-called “court decisions” from the BIA that really aren’t really decisions by independent decision makers. The DHS gets lots of removal orders to keep the “Enforcer In Chief” happy, plus they gain leverage to use against any U.S. Immigration Judge who keeps ruling in favor of respondents. “We’ll just take you to the BIA and get it reversed.”  The Article IIIs get to largely avoid moral or legal responsibility for this facade of fairness and due process. Out of sight (which folks are when they get removed), out of mind. We’re just “deferring” to the BIA. Don’t blame us! And, don’t forget Congress! They get to pretend like none of this is happening and claim they are “solving” the problem just by throwing a few more positions and a little more money at EOIR. No need for meaningful oversight into the charade of due process in the U.S. Immigration Courts. And, there are a few guys over on the GOP side of the Hill who hate immigrants and despise due process as much as Sessions does. They undoubtedly see this as a model for the entire U.S. justice system, or better yet, have lots of ideas on how to avoid the Immigration Courts entirely and make the “removal railway” run even faster.

The only folks who aren’t served are the poor folks looking to the U.S. Immigration Courts as courts of last resort to save their lives, preserve their futures, or at least listen sympathetically to their case for remaining. Some of these poor fools actually believe all they stuff about Americans being fair and humane. Those guys were really discombobulated when I had to tell them that while I had absolutely no doubt that some very ”bad things” were going to happen to them upon return, that just doesn’t matter to the U.S. legal system. While I sometimes had the unenviable task of “telling it like it is,” the BIA, the DOJ, and the Federal Courts really couldn’t care less if migrants end up getting killed, raped, or maimed upon return or if their families in the U.S. have to go on welfare. There’s just no place for them in our system.

The other folks who might not come out so well are the rest of America — the non-xenophobes. Most Americans aren’t actually xenophobes in the Trump-Sessions-MIller-Bannon-GOP Restrictionist tradition. While those of us who know what’s happening might be powerless to stop it, we can document it for future generations. We’re making a record.

In the age of information, none of this is going away or going to be swept under an “eternal carpet.” Someday there will be a “day or recokening” for our descendants, just like the one for those of us whose current privilege was built on enslaved African American labor and its many benefits as well as by a century of “Jim Crow” laws which siphoned off African American Citizens’ Constitutional rights and human dignity and conferred them instead on undeserving white folks in both the South and the North.

We have certainly demonstrated that we can be “tone deaf” to both the motivations and the actual effects of our current broken immigration policies. Indeed, there can be no better evidence of that than the election of Trump and empowerment of his xenophobe racist cronies like Sessions and Miller.

But, in the end, we won’t escape the judgement of history, nor will they. The ugliness of our current immigration policies and practices, and the “false debate” about them (there, in fact is no legitimate case for the “restrictionist agenda” — just a racial and cultural one), might be buried in a barrage of alt-right media and “Sessions bogus law and fact free pronouncements.” But, someday, those are going to look just as “legit’ as Conferederate broadsides or the racially hateful rhetoric of Jefferson Davis do today outside the membership of various hate groups and the alt-right.

PWS

10-07-17

GONZO’S WORLD: SESSIONS’S LATEST MEMO ENCOURAGES DISCRIMINATION AGAINST THE LGBTQ COMMUNITY AND WOMEN BASED ON A BOGUS RELIGIOUS RATIONALE!

5https://www.theguardian.com/us-news/2017/oct/06/jeff-sessions-issues-directive-undercutting-lgbtq-protections?CMP=Share_iOSApp_Other

The Guardian reports:

The attorney general, Jeff Sessions, on Friday issued a sweeping directive that undercuts federal protections for LGBT people, telling agencies to do as much as possible to accommodate those who claim their religious freedoms are violated.

Trump substantially weakens Obamacare contraception mandate
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In response, one LGBT rights advocate called the directive a “license to discriminate” and “an attack on the values of freedom and fairness that make this nation great”.

Also on Friday, the Trump administration issued a new rule that substantially undermines women’s access to birth control under the Affordable Care Act.

The Sessions directive, an attempt to deliver on Donald Trump’s pledge to evangelical supporters that he will protect religious liberties, effectively lifts a burden from religious objectors to prove their beliefs about marriage or other topics are sincerely held.

A claim of a violation of religious freedom will now be enough to override many anti-discrimination protections for LGBT people, women and others.

The guidelines are so sweeping that experts on religious liberty called them a legal powder keg that could prompt wide-ranging lawsuits against the government.

“This is putting the world on notice: you better take these claims seriously,” Robin Fretwell Wilson, a law professor at the University of Illinois at Urbana-Champaign, told the Associated Press. “This is a signal to the rest of these agencies to rethink the protections they have put in place on sexual orientation and gender identity.”

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Rebecca Isaacs, executive director of the Equality Federation, said in a statement: “This license to discriminate is an attack on the values of freedom and fairness that make this nation great. It opens the door for discrimination in the workplace and public services, flying in the face of the majority of Americans of whom over 70% believe laws should protect LGBTQ people from discrimination.

“The Trump administration’s ongoing attempts to undermine LGBTQ Americans’ ability to provide for themselves and their families without fear of discrimination highlights the urgent need for national nondiscrimination protections, which are supported by the vast majority of Americans.”

Trump announced plans for the directive last May in a Rose Garden ceremony, surrounded by religious leaders. Since then, religious conservatives have awaited the justice department guidance, hoping for greatly strengthened protections for their beliefs amidst a rapid national acceptance of LGBT rights.

Religious liberty experts said they would have to see how the guidance would be applied by individual agencies, both in crafting regulations and deciding how to enforce them. But experts said the directive clearly tilted the balance very far in favor of people of faith who do not want to recognize same-sex marriage.

“Except in the narrowest circumstances, no one should be forced to choose between living out his or her faith and complying with the law,” Sessions wrote. “To the greatest extent practicable and permitted by law, religious observance and practice should be reasonably accommodated in all government activity.”

The document lays the groundwork for legal positions the Trump administration intends to take in religious freedom cases, envisioning sweeping protections for faith-based beliefs and practices in private workplaces and government jobs and even in prisons.

In issuing the memo, Sessions, a deeply devout Methodist from Alabama, is injecting the department into a thicket of highly charged legal questions that have repeatedly reached the US supreme court, most notably in the 2014 Hobby Lobby case that said corporations with religious objections could opt out of a health law requirement to cover contraceptives for women.

The memo makes clear the justice department’s support of that opinion in noting that the primary religious freedom law, the Religious Freedom Restoration Act of 1993, protects the rights not only of people to worship as they choose but also of corporations, companies and private firms.

The document also says the government improperly infringes on individuals’ religious liberty by banning an aspect of their practice or by forcing them to take an action that contradicts their faith. As an example, justice department lawyers say government efforts to require employers to provide contraceptives to their workers “substantially burdens their religious practice”.

The document also calls into question the Johnson amendment, which bars churches and tax-exempt groups from endorsing political candidates. Trump in May signed an executive order aimed at weakening the enforcement of that law, which he has said penalizes people for protected religious belief.

The justice department, in the document, says the Internal Revenue Service may not enforce the Johnson amendment “against a religious non-profit organization under circumstances in which it would not enforce the amendment against a secular non-profit organization”.

The department’s civil rights division will now be involved in reviewing all agency actions to make sure they don’t conflict with federal law regarding religious liberty.“

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Gonzo is trying to ram his own homophobic brand of Christian theology down the throats of the vast majority of Americans who don’t want to live in a Theocracy. Can you believe this this Dude has the audacity to lecture folks on the First Amendment? He is a walking perversion of true religious freedom! Religious freedom is the freedom of Americans in the LGBTQ community not to be harmed or denigrated by Sessions’s perverted minority interpretation of Christianity.

While Gonzo might claim to be a “devout Methodist,” he certainly practices a brand of Methodism and Christianity that I don’t recognize and I doubt that Jesus would either. Our Methodist Church “welcomes all people as they are” — even Sessions would be accepted if not his rhetoric of hate, discrimination, and intolerence. Jesus Christ was about love, self-sacrifice, inclusion, and forgiveness concepts that Jeff Sessions sadly has never understood and apparently never will. I feel pity for him as a human being, but that doesn’t entitle him to use his position to preach hate and intolerence.

Liz was right.

PWS

 

 

TAL KOPAN AT CNN: Alarm Bells Ring As DACA Renewals Lag At Deadline! — Administration Refuses To Extend Deadline Despite Hurricanes & Inadequate Publicity! — Politico Reports That White House Racist Stephen Miller Planning To Torpedo Dreamer Relief — Immigration System & Country Facing Chaos!

http://www.cnn.com/2017/10/05/politics/daca-renewal-deadline-immigration/index.html

Tal reports:

“Washington (CNN)Democrats are raising alarms that more than a quarter of eligible recipients under the Deferred Action for Childhood Arrivals program have not yet filed to renew their status ahead of Thursday’s deadline.

According to data provided Wednesday by a senior Democratic congressional staffer and confirmed to CNN by US Citizenship and Immigration Services, 42,669 individuals nationwide — or 27.7% of the 154,234 people eligible — had not submitted their applications. That was slightly down from roughly 48,000 that the Department of Homeland Security said Tuesday hadn’t yet submitted.
When President Donald Trump announced the end of the program, known as DACA, a month ago, he put in place a six-month delay on expiring protections by allowing any recipient whose DACA expires by March 5 until Thursday to apply for a two-year renewal. Otherwise, the program that protects young undocumented immigrants brought to the US as children from deportation will begin to end on March 5, as the two-year permits of nearly 700,000 active protectees begin to run out.
Democrats have repeatedly implored DHS to extend the deadline, saying one month to gather paperwork — and the roughly $500 application fee — is not long enough for those affected.
Trump sketches out DACA deal with Republicans at White House dinner
They’ve been especially critical of DHS for not making special consideration for DACA recipients in states hit by hurricanes Irma and Harvey, though DHS did announce Tuesday it would make case-by-case decisions for recipients in Puerto Rico and the Virgin Islands affected by Maria.
The frustration bubbled up at a Senate hearing Tuesday, where Illinois Democratic Sen. Dick Durbin cited considerations the Internal Revenue Service was making for Texas, Louisiana and Florida residents.
“May I implore you, implore you, to do the same thing at DHS that our own Internal Revenue Service is doing,” Durbin said to the DHS officials testifying. “If it’s good enough for our tax collectors to have a heart, isn’t it good enough for DHS to have a heart?”
Senators’ frustration with Trump on DACA bubbles up at hearing
According to the Wednesday data, more than 2,600 of eligible recipients in Texas had yet to submit renewals, 28% of the total eligible in that state. In Florida, more than 2,000, or 35% of those eligible, had yet to renew. In the US islands hit by Irma, 16 of the 37 eligible hadn’t yet renewed.
Democrats have also been frustrated with DHS over its notification process, saying without individual notifications to those eligible for renewal, the administration should extend the deadline.
“We are very concerned that because DACA recipients were not individually notified of their eligibility for renewal, tens of thousands of DACA recipients could lose their work authorization and DACA status protections,” Congressional Hispanic Caucus leaders wrote in a letter to acting DHS Secretary Elaine Duke on Tuesday repeating a request to meet about extending the deadline.
Trump said he was putting in place the six-month window to give Congress a sense of urgency to put the Obama administration executive action into law.
But despite Tuesday’s hearing, multiple working groups and meetings the President has had with lawmakers at the White House, little substantive progress has been made.
The fault lines have remained consistent. Democrats support the bipartisan Dream Act that would protect eligible young immigrants who arrived as children and put them on a path to citizenship. They say they could accept border security as a compromise with it, but insist they will not vote for anything that could put the families and friends of those protected at greater risk of deportation.
DACA deal: A list of just some of the things that could go wrong
But Republicans are also insistent that any DACA deal must include border security and likely immigration enforcement measures, and the more conservative members of the party are suggesting policies — like mandatory worker verification, cuts to the legal immigration system and expanded deportation authority — that would be almost impossible to get Democrats to agree to.
Any solution would likely have to include Democrats, as they’ll be needed for passage in the Senate and to make up for Republicans in the House who would never vote for any DACA deal. But House Speaker Paul Ryan has also pledged not to move any bill that doesn’t get the votes of a majority of Republicans, limiting the options.
Durbin was joined on Tuesday at the hearing by Sen. Thom Tillis, R-North Carolina, in urging lawmakers and the White House to not try to concoct too big a compromise. Tillis has sponsored legislation similar to Durbin’s Dream Act that he bills as a conservative DACA solution.
Responding to a wish list articulated by a DHS senior staff member testifying about the White House’s aims, Tillis grew frustrated and urged members to focus on a narrow deal as a starting point.
“It reads like a laundry list for comprehensive immigration reform, and if Congress has proven an extraordinary ability to do anything, it’s to fail at comprehensive immigration reform,” Tillis said.”

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

Bad news on all fronts for Dreamers, and for America.  Over at the White House, notorious White Nationalist xenophobe racist and Sessions confidante Stephen Miller is plotting to destroy any chance of compromise legislation to aid Dreamers by attaching reductions in legal Immigraton and other parts of the White Nationalist agenda to the bill.

Politico reports:

“The White House is finalizing a plan to demand hard-line immigration reforms in exchange for supporting a fix on the DACA program, according to three people familiar with the talks — an approach that risks alienating Democrats and even many Republicans, potentially tanking any deal.

The White House proposal is being crafted by Stephen Miller, the administration’s top immigration adviser, and includes cutting legal immigration by half over the next decade, an idea that’s already been panned by lawmakers in both parties.

 

The principles would likely be a political non-starter for Democrats and infuriate Senate Minority Leader Chuck Schumer and House Minority Leader Nancy Pelosi, who have negotiated with President Donald Trump on immigration and left a White House meeting last month indicating a solution was near. They could also divide Republicans, many of whom oppose cutting legal immigration.

Miller was upset after Trump’s dinner last month with Schumer and Pelosi and has been working since to bring the president back to the tougher stance he took during his campaign.

Miller has begun talking with Hill aides and White House officials about the principles in recent days. The administration is expected to send its immigration wish-list to Congress in the coming days, perhaps as soon as this weekend, said the people familiar with the plan, who include two administration officials. They requested anonymity to discuss the ongoing negotiations.

A White House official cautioned that the plans have not been finalized and could still change. Miller didn’t respond to a request for comment.

Unless they change dramatically from their current form, the immigration principles could short-circuit congressional negotiations aimed at finding a fix to DACA, or the Deferred Action for Childhood Arrivals program — the Obama-era initiative that grants work permits to undocumented immigrants who arrived in the United States as minors.

“Handing Stephen Miller the pen on any DACA deal after the revolt from their base is the quickest way to blow it up,” said a senior Democratic Senate aide.

Lawmakers on both sides of the Capitol panned an earlier White House immigration proposal spearheaded by Miller, the RAISE Act, when the White House rolled it out in August. Republicans including Sens. Lindsey Graham of South Carolina and Ron Johnson .)of Wisconsin all but declared the proposal dead on arrival.

Trump announced last month that he would end the DACA program, but he said he’d give Congress six months to come up with a legislative solution.

Despite Trump’s efforts to make nice with Schumer and Pelosi, Republican lawmakers signaled this week that the president is prepared to demand tough immigration measures as part of the negotiations.

In addition to provisions in the RAISE Act, the White House’s immigration principles also include parts of the Davis-Oliver Act, including measures that would give state and local law enforcement power to enforce immigration laws, allow states to write their own immigration laws and expand criminal penalties for entering the U.S. illegally.

The principles would also incorporate a provision from the Davis-Oliver Act that puts the onus on Congress to designate Temporary Protected Status, which allows immigrants to temporarily stay in the United States because they are unable to return to their home country as a result of a natural disaster or other dangerous circumstances.

The Davis-Oliver Act gives Congress 90 days to approve a measure extending TPS protections to a foreign state. If Congress does not act, the designation will be terminated. Lawmakers have raised concerns that Congress will be unable to agree on the designations, effectively killing the program.

In addition, the principles call for billions of dollars in border security, as well as money for detention beds and more immigration judges, according to the people familiar with them. Republicans are likely to support those moves.”

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

Miller’s proposals are right out of the White Nationalist restrictionist playbook. It will be a non-starter for Democrats. Additionally, no decent human being of any party should ever be associated, in any way, with any idea emanating from the arrogant racist Miller.

If Miller is involved, Dreamer relief is DOA. That means that Dreamers are likely to be left to fight out their future one case at a time in the Federal Courts and in the Immigraton Courts. Given the existing 630,000+ case backlog in the U.S. Imigration Courts, and the relatively cumbersome process for restoring “Dreamer” cases to the Immigraton Court Docket, not many will actually be removed from the United States before 2000.

I also think that Dreamers will have a reasonable chance of succeeding in the Article III Courts in barring DHS from relying on any evidence furnished as part of the DACA application and interview process as evidence of removability. That’s likely to throw a further monkey wrench into any enforcement initiative aimed at Dreamers.

So, the best strategy might prove to be working hard to remove the Trump regime and enough White Nationalist GOPers through the ballot box to create a climate for reasonable immigraton reform in 2021.

Sad, but probably true. A country that mistreats its youth in this manner can expect “very bad things” to happen in the future.

PWS

10-05-17

 

GONZO’S WORLD: HOMOPHOBIC AG ATTACKS LGBTQ COMMUNITY WITH BOGUS LEGAL MEMO STRIPPING TRANSGENDER INDIVIDUALS OF CIVIL RIGHTS PROTECTIONS!

https://www.buzzfeed.com/dominicholden/jeff-sessions-just-reversed-a-policy-that-protects

Dominic Holden reports for BuzzFeed News:

“US Attorney General Jeff Sessions has reversed a federal government policy that said transgender workers were protected from discrimination under a 1964 civil rights law, according to a memo on Wednesday sent to agency heads and US attorneys.

Sessions’ directive, obtained by BuzzFeed News, says, “Title VII’s prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status.”

It adds that the government will take this position in pending and future matters, which could have far-reaching implications across the federal government and may result in the Justice Department fighting against transgender workers in court.

“Although federal law, including Title VII, provides various protections to transgender individuals, Title VII does not prohibit discrimination based on gender identity per se,” Sessions writes. “This is a conclusion of law, not policy. As a law enforcement agency, the Department of Justice must interpret Title VII as written by Congress.”

But Sharon McGowan, a former lawyer in the Justice Department’s Civil Rights Division and now an attorney for the LGBT group Lambda Legal, countered that Sessions’ is ignoring a widespread trend in federal courts.

“It’s ironic for them to say this is law, and not policy,” McGowan told BuzzFeed News. “The memo is devoid of discussion of the way case law has been developing in this area for the last few years. It demonstrates that this memo is not actually a reflection of the law as it is — it’s a reflection of what the DOJ wishes the law were.”

“The sessions DOJ is trying to roll back the clock and pretend that the progress of the last decade hasnt’ happened,” she added. “The Justice Department is actually getting back in the business of making anti-transgender law in court.”

“The Justice Department is actually getting back in the business of making anti-transgender law in court.”
The memo reflects the Justice Department’s aggression toward LGBT rights under President Trump and Sessions, who reversed an Obama-era policy that protects transgender students after a few weeks in office. Last month, Sessions filed a brief at the Supreme Court in favor of a Christian baker who refused a wedding cake to a gay couple. And last week, the department argued in court that Title VII doesn’t protect a gay worker from discrimination, showing that Sessions will take his view on Title VII into private employment disputes.

At issue in the latest policy is how broadly the government interprets Title VII of the Civil Rights Act of 1964, which does not address LGBT rights directly. Rather, it prohibits discrimination on the basis of sex.

But the Equal Employment Opportunity Commission, an independent agency that enforces civil rights law in the workplace, and a growing body of federal court decisions have found sex discrimination does include discrimination on the basis of gender identity and sex stereotyping — and that Title VII therefore bans anti-transgender discrimination as well.

Embracing that trend, former attorney general Eric Holder under President Obama announced the Justice Department would take that position as well, issuing a memo in 2014 that said, “I have determined that the best reading of Title VII’s prohibition of sex discrimination is that it encompasses discrimination based on gender identity, including transgender status. The most straightforward reading of Title VII is that discrimination ‘because of … sex’ includes discrimination because an employee’s gender identification is as a member of a particular sex, or because the employee is transitioning, or has transitioned, to another sex.”

But Sessions said in his latest policy that he “withdraws the December 15, 2014, memorandum,” and adds his narrower view that the law only covers discrimination between “men and women.”

“The Department of Justice will take that position in all pending and future matters (except where controlling lower-court precedent dictates otherwise, in which event the issue should be preserved for potential future review),” Sessions writes.

Sessions adds: “The Justice Department must and will continue to affirm the dignity of all people, including transgender individuals. Nothing in this memorandum should be construed to condone mistreatment on the basis of gender identity, or to express a policy view on whether Congress should amend Title VII to provide different or additional protections.”

Devin O’Malley, a spokesperson for the Justice Department, explained the decision to issue the memo, telling BuzzFeed News, “The Department of Justice cannot expand the law beyond what Congress has provided. Unfortunately, the last administration abandoned that fundamental principle, which necessitated today’s action. This Department remains committed to protecting the civil and constitutional rights of all individuals, and will continue to enforce the numerous laws that Congress has enacted that prohibit discrimination on the basis of sexual orientation.”

McGowan, from Lambda Legal, counters, “The memo is so weak that analysis is so thin, that it will courts will recognize it for what it is — a raw political document and not sound legal analysis that should be given any weight by them.”

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Virulent homophobia has always been a key element of the “Gonzo Apocalypto Agenda.” Check out this report from Mark Joseph Stern at Slate about how when serving as Alabama’s Attorney General Gonzo attempted to use an Alabama statute that had been ruled unconstitutional by a Federal Judge to both publicly demean LGBTQ students and stomp on their First Amendment rights. (So much for the disingenuous BS speech that Gonzo delivered on Free Speech at Georgetown Law last week.)  Here’s what happened:

“Attorney General Jeff Sessions delivered a speech at Georgetown University Law Center in which he argued that “freedom of thought and speech on the American campus are under attack.” As my colleague Dahlia Lithwick explained, the attorney general said this in “a room full of prescreened students who asked him prescreened questions while political demonstrators outside were penned off in ‘free speech zones.’ ” Ensconced in a safe space of his own, Sessions blasted the notion that speech can be “hurtful,” criticizing administrators and students for their “crackdown” on “speech they may have disagreed with.”

Mark Joseph Stern
MARK JOSEPH STERN
Mark Joseph Stern is a writer for Slate. He covers the law and LGBTQ issues.

Sessions’ hypocrisy on speech issues is not a new development. In 1996, the then–attorney general of Alabama used the full power of his office to try to shut down an LGBTQ conference at the University of Alabama. Sessions took his battle to court, asking a federal judge to let him block the conference altogether—or, at the very least, silence students who wished to discuss LGBTQ issues. He ultimately failed, but his campaign reveals a great deal about his highly selective view of free expression. Sessions claims to support freedom for “offensive” speech, but when speech offends him, he is all too happy to play the censor.

When Sessions served as Alabama attorney general, the state still criminalized sodomy. A 1992 law, Alabama Education Code Section 16-1-28, also barred public universities from funding, recognizing, or supporting any group “that fosters or promotes a lifestyle or actions prohibited by” the sodomy statute, either “directly or indirectly.” The law also forbade schools from allowing such organizations to use public facilities. Sessions’ predecessor, Jimmy Evans, had interpreted the statute to effectively outlaw the discussion or promotion of gay rights on public campuses, with that prohibition even extending to AIDS awareness campaigns.

In 1995, the University of South Alabama’s Gay Lesbian Bisexual Alliance sued in federal court to block Section 16-1-28. That summer, the U.S. Supreme Court had ruled that, under the First Amendment, public universities may not deny access to facilities or funding for student organizations on the basis of their viewpoints. This decision, the GLBA asserted, rendered Section 16-1-28 unconstitutional. U.S. District Judge Myron H. Thompson agreed, holding the law to be invalid in a January 1996 ruling.

This decision was excellent news for the Gay Lesbian Bisexual Alliance at the University of Alabama at Tuscaloosa. The GLBA had planned to host the Fifth Annual Lesbian, Gay, and Bisexual College Conference of the Southeastern United States in February 1996. Sessions, by now attorney general, was trying his hardest to shut it down.

“University officials say they’re going to try to obey the law,” Sessions said at the time, as CNN’s Andrew Kaczynski reported in December of last year. “I don’t see how it can be done without canceling this conference. I remain hopeful that if the administration does not act, the board of trustees will.” Sessions didn’t give up even after Judge Thompson struck down the law. “I intend to do everything I can to stop that conference,” he said.

In a last-ditch effort, Sessions returned to Thompson’s court and asked permission to ban the conference. “The State of Alabama,” he explained in court filings, “will experience irreparable harm by funding a conference and activities in violation of state law.” Failing a total ban, Sessions implored Thompson to let him censor any discussion of “safe sex and the prevention of sexually transmitted diseases.” Sessions claimed that, by talking about LGBTQ issues, conference attendees were essentially conspiring to promote criminal activity, and Alabama should not be obligated to support their criminality. Predictably, Thompson rejected Sessions’ arguments, writing that the attorney general was endeavoring to violate students’ free speech rights. Sessions then appealed to the 11th U.S. Circuit Court of Appeals, which unanimously ruled against Alabama. The conference went on as planned.

Cathy Lopez Wessell, a lead organizer and spokeswoman for the conference, told me Sessions’ intervention “was incredibly stressful. We got threatening phone calls. We were attacked from all sides.” She continued, “We were the abomination of the month. I didn’t feel safe in the world for a while. I started to internalize some of the judgment leveled at our group. I thought, there must be something deeply wrong with you if you need to be silenced.”

Lopez Wessell explained that Sessions’ campaign against the conference registered as a broader attack on LGBTQ students.

“If we can’t talk, do we have a right to exist?” Lopez Wessell asked. “If our speech is so dangerous that it needs to be stopped, then are we dangerous? We weren’t promoting any particular activity; we just wanted to talk—about our experiences, about our existence.”

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Denying the humanity as well as the human rights of those he is biased against is a staple of the Gonzo Apocalypto agenda. Just look at his constant attempts to tie all members of the Hispanic ethnic community to crime, drugs, and gangs (even though all credible studies show that immigrants or all types have markedly lower crime rates than native-born U.S. citizens) and his false and gratuitous attempts to tie “Dreamers” to crime, terrorism, and loss of jobs!

There is no more certain way of knowing that a DOJ “legal” memo is all policy and no law than the statement: “This is a conclusion of law, not policy.“ In other words, “Don’t you dare accuse me of doing what I’m actually doing!”

Since assuming the office of Attorney General for which he is so spectacularly unqualified, here’s a list of the folks whose rights or humanity Sessions has attacked or disparaged:

Hispanics

African Americans

LGBTQ Individuals

Dreamers

Immigrants

Refugees

Asylum Seekers

Poor People

Undocumented Migrants

Women

Muslims

Civil Rights Protesters

Black Athletes

City Officials Seeking To Foster Community Law Enforcement

Prisoners

Immigration Detainees

Forensic Scientists

State Governors Who Disagree With Him

Federal Judges Who Find Trump Policies Illegal

State & Federal Judges Who Object To Migrants Being Arrested At Their Courts

Convicts

Liberal Students & College Administrators

Anti-Facists

Anti-Hate-Group Activists

Reporters

Unaccompanied Migrant Children

President Obama

Whistleblowers (a/k/a “Leakers” in “Gonzopeak”)

DOJ Career Attorneys

I’m sure I’ve left a few out.  Feel free to send me additions. The list just keeps getting longer all the time.

The only group that appears to be “A-OK” with Gonzo is “White straight Christian male Republican ultra rightists.”

Liz was right!

PWS

10-05-17

 

 

 

 

 

TAL KOPAN FOR CNN: SENATE HEARING WITH ADMINISTRATION ON DACA SOWS CONFUSION! — Only One Thing Clear: Sen. Pat Leahy (D-VT) Knows That Sessions’s White Nationalist Narrative On Dreamers Is A Lie — And, He’s Anxious To Have A Crack At “Gonzo-Apocalypto” Under Oath!

http://www.cnn.com/2017/10/03/politics/daca-hearing-lawmakers-frustrated/index.html

Tal reports:

There were other tense exchanges as well, including from the former top Democrat on the committee, Vermont Sen. Pat Leahy, who especially took issue with the Justice Department representative. At the outset of the hearing Chairman Chuck Grassley noted that DOJ had not submitted written testimony for the hearing, and acting Assistant Attorney General Chad Readler, of the civil division, said he was limited in speaking outside of what was already public because of ongoing lawsuits over the administration’s termination of DACA.

Leahy pressed Readler on Attorney General Jeff Sessions’ letter about the rescission of DACA, which suggested lax immigration enforcement was responsible for crime, violence and even terrorism.
“Can you provide this committee with any examples of Dreamers being involved in terror activity? … You don’t have to give me hundreds, just give me one!” Leahy said, raising his voice.
“I’m not aware of any examples,” Readler said.
“Neither is the attorney general when he said that,” Leahy said.
After further back-and-forth about what Sessions meant, Readler noted he would be testifying before this committee himself this month.
“He’s taken longer than any attorney general since I’ve been here, but I’ve only been here 42 years,” Leahy said.

Under questioning from Republican Sen. Lindsey Graham, of South Carolina, who has co-sponsored Durbin’s bill, the DHS officials did say they supported a pathway to citizenship for DACA-eligible individuals in an eventual solution — and said they were largely the type of people the US should want.
“They’re a benefit to the country as are many immigrants coming in,” Dougherty said. “They are a valuable contribution to our society, we need to regularize their status through legislative means.”
He also said DHS did not support the notion of creating a permanent visa status that would never allow people to be naturalized — saying the White House would be of the same mind.
“I think creating second-class citizens or people who are never able to naturalize is not a good model,” Dougherty said, adding “I do” when asked if he thinks the President agrees.”

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

Pretty obvious why Gonzo would rather spend his time  spreading lies and bogus, alarmist narratives about American young people and immigrant communities rather than facing Sen. Leahy under oath.

Liz was right!

PWS

10-03-17

 

 

GONZO’S WORLD: COMING TO THE SUPREMES THIS FALL: Jeff Sessions v. United States of America! – White Nationalist AG Takes On 21st Century America In Concerted Effort To Recreate “The Bad Old Days” Of Maximo Bias & Inequality!

http://www.motherjones.com/politics/2017/10/trumps-justice-department-is-taking-on-other-federal-agencies-in-court/

Pena Levy reports for Mother Jones:

“The first day of the Supreme Court’s new term on Monday will feature a rare legal showdown: The Justice Department will face off against another federal agency. It’s unusual for the Justice Department, representing the United States government, to disagree with an executive agency, much less send its top lawyer to try to defeat that agency before the Supreme Court—but it’s only the first of several such confrontations in the Trump administration.

There are currently three major cases in which the Justice Department under Attorney General Jeff Sessions has taken a position in opposition to another executive agency. The nation’s top court will referee one of these disagreements on Monday, and the other two are likely to reach the Supreme Court next year. The situation is partially explained by politics: The department is opposing agencies whose missions—protecting the interests of workers and consumers—are less likely to align with the goals of a conservative administration. But it’s also a signal of how aggressive the Justice Department plans to be in pursing its conservative agenda through the courts.

“It’s highly unusual to have two lawyers, both representing the federal government, taking opposite positions in a court,” says Deepak Gupta, an appellate lawyer who has filed briefs in two of the cases opposing the Justice Department’s positions. “The fact that it’s happening in multiple instances across a broad range of issues is really remarkable and is a sign of how aggressively the Trump administration is flipping positions on a broad range of issues.”

The case going before the court on Monday concerns workers’ right to collective action. The other two will decide whether the creation of the agency in charge of protecting consumers violates the Constitution and whether the 1964 Civil Rights Act protects employees from being fired because of their sexual orientation. The Justice Department’s willingness to take on other agencies is even more notable because in two of the cases, the department’s top lawyers had to change the department’s position in order to oppose the agencies. Such changes are generally not made without serious deliberation and restraint because the department is expected to have a consistent position on legal issues.

“You would expect the justices to perhaps want to look a little bit more closely at precisely what the government’s position is,” says Jonathan Adler, a professor of constitutional and administrative law at the Case Western Reserve University School of Law, “to make sure that any change is in fact well considered and not something that’s being done cavalierly or superficially.”

On Monday, the US solicitor general, a Republican lawyer named Noel Francisco who was confirmed by the Senate earlier this month, will argue against the National Labor Relations Board (NLRB), which his office was representing until a few months ago. Under President Barack Obama, the solicitor general prepared to represent the NLRB, the federal agency charged with protecting workers from unfair labor practices, before the Supreme Court. But in June, the solicitor general’s office switched sides. “After the change in administration, the Office reconsidered the issue and has reached the opposite conclusion,” the office announced in a brief. The NLRB would now need to represent itself, and the solicitor general would appear in court on the other side. Labor advocates say they have to go back to the Reagan administration to find an analogous situation, in which a new administration changed its position before the Supreme Court for what appeared to be largely political reasons. 

This is not normal, even in a change of administration,” says Celine McNicholas, a labor attorney at the Economic Policy Institute, a progressive think tank, and a former counsel at the NLRB. Politics always affect agencies’ agendas, she says, but for the solicitor general to change his office’s stance before the Supreme Court for what appear to be political reasons “is a significant shift.”

The stakes in the NLRB case are high. The question is whether employment contracts can prohibit employees from joining together to seek better working conditions or higher wages or to address grievances, instead forcing them into secret, individual arbitration proceedings. Since 2012, the NLRB has held that these increasingly common mandatory arbitration clauses are illegal because they violate employees’ right to join together, which is enshrined in the 1935 National Labor Relations Act. The Justice Department has taken the position that in order to get a job, workers can be forced to waive any right to petition collectively in the future. If the department and the employers it is siding with prevail, such employment contracts are likely to proliferate further, giving every employer the ability to escape any chance of a class-action lawsuit or other type of collective agitation.

In March, the Justice Department filed a motion before the DC Circuit Court of Appeals in which it agreed with PHH. A “removal restriction for the Director of the CFPB is an unwarranted limitation on the President’s executive power,” the department wrote in a court filing announcing its new position.The Justice Department has also switched positions in a case over the Consumer Financial Protection Bureau (CFPB), the agency created after the financial collapse in 2008 to protect consumers from predatory mortgages, credit cards, student loans, and other financial products. The agency, the brainchild of Sen. Elizabeth Warren (D-Mass.), has been a target of Republicans since its inception. Now the Trump administration has seized on a chance to weaken it. The case originated when the CFBP levied a $109 million fine against PHH Corporation, a mortgage services provider that it alleged was referring customers to specific insurers in what was tantamount to a kickback scheme. PHH sued, claiming that in creating the CFPB’s leadership structure, Congress made the agency more independent from the president than is allowed under the Constitution. The agency’s director serves a five-year term and can only be fired by the president for cause.

Gupta, a former top official at the CFPB, sees this case as the most troubling of the three because, rather than execute the laws passed by Congress as required by the Constitution, the administration has opted to argue against an act of Congress. This is not unheard of; in 2011, the Obama administration announced that it would no longer defend a federal law that banned the recognition of same-sex marriages. But in announcing that decision, then-Attorney General Eric Holder explained that it was made in consultation with Obama and after an extensive review of the issue.

In contrast, the Trump administration’s decision to flip its position on the constitutionality of the CFPB seemed to lack serious deliberation. Three weeks before the administration announced its new position in a court filing, the department took the opposite position in a case that raised the same constitutional objection to another agency—the Federal Housing Finance Agency (FHFA)—with the same leadership structure as the CFPB. In February, the department filed a brief, signed by acting assistant attorney general Chad Readler, in which it argued that the challenge to the FHFA’s structure was an “illogical thesis” and “wholly without merit.” Three weeks later, Readler made the opposite argument about the CFPB. Acknowledging the conflict, Readler advised the court retroactively in the FHFA case that the government “does not urge reliance” on the argument it had previously advocated.”

. . . .

But under Sessions, the Justice Department has decided not only to take on other executive agencies, but also to switch positions in a number of other cases, including multiple voting rights cases. How judges will react to this fickleness—particularly in the coming Supreme Court term—could affect the Trump administration’s ability to uphold its broader agenda in the courts. “Of all the offices in the federal government,” says Adler, “we tend to expect the solicitor general’s office to be the most candid about what the law requires versus what’s a policy judgment, and to really not overplay that or overstate that.”

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

Read the complete article at the link.

“This is not normal.” That pretty much sums up the Trump Administration and the entire career of “Gonzo Apocalypto” Sessions in a nutshell! The worst thing is that U.S. taxpayers are being ripped off for clowns like Sessions and his fellow travelers who are out to trash the rights and interests of the majority of Americans and to rip apart the rule of law and decency in Government at the same time.

It’s sorta like when guerrillas support themselves by extorting their political enemies or perceived enemies (something that the BIA in its wrong-headed rush to restrict asylum protection doesn’t recognize as “persecution,” even though it’s one of the oldest and most classic forms of political persecution). Make no mistake about it, Gonzo and his team of politicos are waging “guerrilla warfare” against career lawyers and the rule of law at the U.S. Department of Justice and in the Federal Courts. And, to date, they have largely gotten away with it.

These unquestionably are “law-free” bias-driven policy decisions by Gonzo. I’ve never seen any evidence whatsoever that Sessions actually reads or has even basic knowledge of American law. It’s just not necessary for a lifelong member of “The Wrecking Crew.” What is clear, however, is that he arrived at DOJ not with legal books, but with “cue cards” prepared for him by the Heritage Foundation, restrictionist immigration groups, and his White Nationalist buddies Miller and Bannon. His memoranda and briefs are studies in disingenuous doublespeak, complete nonsense, White Nationalist myths, and an overall intellectual shallowness that almost matches that of Trump.

It also shows why nobody should take seriously Gonzo’s disingenuous babbling about the Constitution or the “Rule of Law,” both of which he mocks nearly every day he remans in the high office for which he is so spectacularly unqualified. Liz was definitely right!

The good news, if any, is that by the time this disaster is over, the Solicitor General’s Office will have lost its last shred of credibility in the Article III Federal Courts. And, perhaps it will be a good thing for American justice when the “SG” loses his or her “privileged position” and is finally viewed as just another suspect and self-interested litigant in court. And, not a very smart or very well-qualified litigant at that.

Once lost, credibility can seldom be regained. Think about that one, Noel Francisco, before you and your subordinates become complete shills for the legally and morally bankrupt positions of Gonzo and Trump.

PWS

10-02-17

BHUTANESE REFUGEES REJUVENATING AKRON, OHIO — Refugees Are People, Adjusting To A New Life, And Making America A Better Country — “We understand that it’s not just the right thing to do as human beings,” she said, “but it has amazing social and economic consequences.” — AMERICA NEEDS MORE REFUGEES, LESS TRUMP, LESS SESSIONS, LESS MILLER, LESS BANNON, LESS “AYATOLLAH ROY!”

http://www.huffingtonpost.com/entry/akron-ohio-bhutanese-refugees_us_59ca88cfe4b0cdc773353640

M.L. Schultze reports for HuffPost:

Thanks “AKRON, Ohio ― Akron owes its only population growth since the turn of the century to a kingdom on the other side of the Earth. As many as 5,000 Nepalis, who held onto their culture during centuries in Bhutan and decades in refugee camps in Nepal, have made their way here during the last decade.

They went to work in the Gojo plant, enrolled their kids in public schools and learned how to navigate roads, snow and U.S. society. But real success in resettling refugees “means moving people from surviving to thriving,” says Eileen Wilson, who runs refugee outreach for a Cleveland agency called Building Hope in the City.

 

MADDIE MCGARVEY FOR HUFFPOST
Family Groceries in Akron, Ohio.
Thriving means different things to different people. In Akron, it’s come to mean a dozen Nepalese shops and restaurants in what were once abandoned storefronts on North Hill. It means neighborhoods where long-slumping home sales are recovering. It means a cricket pitch in the park, a Nepalese bed-and-breakfast, and the migration of refugees from Houston, Atlanta, Chicago and New York ― the kinds of places Akron is used to losing people to.

It also means that a once alarmingly high suicide rate among refugees has dwindled.

Akron has declared itself a “Welcoming Community,” and Deputy Mayor Annie McFadden says the city and its newest residents are establishing a synergy.

Listen to America, a HuffPost Road Trip
HuffPost is hitting the road this fall to interview people about their hopes, dreams, fears ― and what it means to be American today.
Thirty-nine-year-old Amber Subba has lived the Akron migration story from the beginning. On his Facebook page, he introduces himself as Bhutanese-Nepali-American.

Subba and his family came to Akron in 2008. They’d spent more than 17 years in a refugee camp in Nepal. They’d been forced there when he was 11 by the Bhutanese government’s campaign for a national identity ― one that had no room for people of Nepalese descent who held onto their language and culture.

As refugee camps go, Subba says, the seven clustered in southwest Nepal weren’t bad: Refugees organized systems of commerce, education and self-governance. But more than 100,000 people were also living with annual monsoons and periodic fires, little privacy and constant uncertainty, including how much longer Nepal would let them stay.

In late 2006, President George W. Bush surprised the refugee resettlement world by announcing the U.S. would accept up to 60,000 Bhutanese refugees. Most of America barely noticed, but local, federally chartered agencies like the International Institute of Akron started to make plans.

Subba acknowledges his adopted city wasn’t exactly prepared.

Jobs were scarce. Language was the great isolator. The laws and customs were unknown.

Practically “nobody had a car,” Subba said. “Nobody had driver’s licenses and we didn’t have proper training about how to use the bus. And we didn’t know about snow and things like that.”

Still, he said, “we survived.”

In fact, Subba did quite a bit more than survive. He rose from interpreter to case manager at the institute, became a U.S. citizen and was president of the Bhutanese Community Association of Akron. He composes folk music ― love songs played on streaming radio and easily recognized in the world of the Nepalese diaspora.

His was the first marriage outside the tight circle of Akron’s Bhutanese community. His wife, Tiffany Ann Stacy, enjoys their definition of family that extends well beyond their two children.

As with most families in their culture, Subba’s parents live with them. “It’s really nice, because my kids don’t go to day care,” she said. “They spend the day in the garden digging in the dirt, growing vegetables and learning two languages.”

“The best thing is I’m never lonely,” she joked. “The worst thing is, I’m never alone.”

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

Read the rest of the story at the link.

Compare the human decency and humanity described in this article with the selfishness, grotesque cowardice, prejudice, and indecency of the Trump Administration. Refugees make us better; Trump makes us worse!

PWS

10-02-17

 

 

 

 

 

THE GRIFTERS: Yes, It’s Satisfying To See A True Scumbag Like Price “Outed!” But, Before You Get Too Excited, Remember That His Replacement “will serve at the altar of Trump, after all. The only requirement? Destroy what you can. Let everyone else suffer.”

https://www.theguardian.com/commentisfree/2017/sep/30/tom-price-resignation-victory?CMP=Share_iOSApp_Other

Ross Barkin writes in the Guardian:

“The sad truth is that Trump will probably replace him with a health and human services secretary who is just as bad at the job
For the Trump skeptics, the full-blown resisters, and everyone who prefers to see government remotely good, the downfall of Tom Price was a moment of true catharsis.

Donald Trump’s loathsome health and human services secretary was driven from office on Friday after a series of stunning Politico reports detailed how he racked up at least $400,000 in travel bills for charter flights. The extravagance was too much even for Trump, who in his past life as a failed developer wasted plenty of taxpayer money, and Price was told he had to go.

Before sobering reality sets in – nothing has really changed about Trumplandia – let’s remember all the ways Price represented the worst of the worst about Trump’s storming of Washington.

Tom Price resigns as health secretary over private flights and Trump criticism
A former rightwing congressman from Georgia and an orthopedic surgeon, Price spent most of his House tenure trying to destroy Obamacare and replace it with something far more draconian.
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As health and human services secretary, his dream fully realized, Price set about trying to undermine American healthcare as much as humanly possible without achieving a repeal of Obamacare. Price stopped trying to encourage people to sign up for insurance, ensuring costs would rise for everyone else. He obliterated Obamacare’s advertising budget.

Price backed a Trump budget that slashes funding for health and human services, the National Institutes of Health, and the Centers for Disease Control and Prevention. His vision of healthcare was rather simple: get any trace of the government out of there, any protections that might be offered for the poorest and sickest. Let the free market take care of the rest.

Now Trump will cast about for a worthy successor. Price, a multimillionaire, will feel shame for a few days and then go back to cashing out in the private sector, maybe as a healthcare lobbyist trying to wrangle goodies from his old colleagues. The waterline of the swamp will rise.

Health secretary Tom Price apologizes for taking private flights for work
The real question, once the celebration dies down from liberals and various journalists heartened by the power of the press to get their scalp, is how anything will change in Trump’s Washington.

Will a new HHS secretary bring some common sense to the role and realize stabilizing the healthcare markets is their chief job? Will he or she attempt to be anything resembling an administrator? Probably not.

Despite the conventional wisdom that Trump is a gun-slinging independent beholden to no party, he is fully indoctrinated in far-right, slash-and-burn thinking. He is a president for nihilist billionaires and Milton Friedman apostles. He will lurch to the left, but his grounding will stay true. We know that from his tax plan, which promises to give relief to the rich and no one else.

In another time now lost to history, both parties paid allegiance to the idea of governing. Democrats, in the post Franklin D Roosevelt-era, were the party of large, activist government, but Republicans understood that dismantling what they inherited made no sense.

Richard Nixon preserved the gains of Lyndon Johnson’s civil rights and Great Society legislation. Medicare and Medicaid remained.
Under a moderate Republican president – almost no moderates actually ran for president in 2016, and it’s increasingly unclear such a creature even exists – Barack Obama’s Affordable Care Act would be understood for what it is: not socialism, but a mixture of government intervention and market-driven policies dreamed up by the rightwing Heritage Foundation and later pioneered by a Republican governor, Mitt Romney.

It is nothing approximating single-payer healthcare. It’s a start – but it’s also plenty flawed.

Many marketplaces are succeeding, but others are failing, in part because the Trump White House is encouraging their failure. The next best thing to repealing Obamacare, for the Republican party, is to let it rot without serious reform.

Federal subsidies must be increased and a public option should be introduced to compete with private insurers. The long-term goal, championed by Bernie Sanders, should be Medicare-for-all, universal healthcare, though we’re not there yet.
Price’s successor probably won’t think about any of these things. He or she will serve at the altar of the Trump, after all. The only requirement? Destroy what you can. Let everyone else suffer.”

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

Why wouldn’t Price, who ripped off taxpayers to the tune of approximately $1 million, face some consequences beyond being permitted to resign?

Also, Donald Trump is not “destroying the soul of the GOP” (an oxymoron if I’ve ever heard one). The modern GOP stands for the same corrupt agenda as Trump. That’s why they never really stand up to him. And, Tom Price, a Swamp Creature if  there ever was one, was a perfect representative of everything that is wrong with today’s GOP.

And with a truly miserable specimen of a human being like “Ayatollah Roy” and a slate of Bannon-inspired scummy White Nationalist candidates in the wings, the GOP has by no means “bottomed out.” The worst is yet to come.

PWS

10-01-17

 

 

TIRED OF READING ABOUT THE ANTICS OF BOZOS 🤡 IN THE TRUMP ADMINISTRATION? —Here’s The Story Of Cristian Minor, A “Good Guy” Making America Great!

http://www.huffingtonpost.com/entry/casa-san-jose-lawyer-undocumented-immigrants_us_596fc5dfe4b0110cb3cb6e94

Sarah Ruiz-Grossman reports for HuffPost:

“With immigrants living in a climate of fear under President Donald Trump, lawyers like Cristian Minor are stepping up to help undocumented I families.
Minor volunteers at a Pittsburgh legal clinic run by local nonprofit Casa San Jose, where he provides free counsel to Latino immigrants. One of the most difficult matters he deals with is helping parents designate a guardian to care for their U.S.-born children in case the parents are detained or deported.
“The fears of the community are that at any moment ― when they go to work ― they could be detained by ICE,” Minor said, referring to the Immigration and Customs Enforcement agency. “Can you imagine that you live every day of your life and you don’t know if you’re going to come back and see your kids? I became a father recently ― and I cannot imagine my life being away from my child.”
Trump’s anti-immigrant rhetoric and policies ― including cracking down on undocumented immigrants and rescinding the Deferred Action for Childhood Arrivals program ― have generated great worry in immigrant communities. He has repeatedly referred to undocumented immigrants as criminals, while ICE is making headlines with its blunt enforcement efforts.
 In early February in Austin, Texas, ICE stopped undocumented immigrants in traffic, attempted to arrest them in their homes and patrolled around a grocery store. Later that month, school kids in the area told HuffPost that their parents were afraid to go food shopping or drop them off at school.
Casa San Jose started the legal clinic in November after Trump’s election.
Minor is an immigrant himself. Arriving in the U.S. from Mexico eight years ago, he considers himself “lucky” to have come here “with documents.” He initially attended law school in Mexico, ultimately earned his law degree in the U.S. and today is a lawyer focused on oil and gas consulting, immigration and family law. He’s now a U.S. citizen and is married to a woman from Pennsylvania.
Minor told HuffPost he wants to “destroy the image of the immigrant” as a criminal. Research has shown that immigrants — both documented and undocumented — are less likely to commit crimes than U.S. citizens.
“I can attest to the good faith of the immigrants who come here,” he said. “They don’t come to steal jobs. They just come for a better life.” 

Navigating the complexities of the U.S. immigration system can be a challenge, particularly if English is not your first language. Attorneys and law students from the University of Pittsburgh’s Immigration Law Clinic participate in Casa San Jose’s near-monthly event, helping usually more than a dozen people, the nonprofit’s executive director Julian Asenjo told HuffPost. The four-hour sessions are generally booked solid, he said.
With undocumented parents, Minor raises this question: If they are deported and choose not to take their U.S.-born children back to their home country ― which the children may never have visited and whose language they may not speak ― who will take care of the kids? He helps the parents to prepare a document that names their choice for their kids’ guardian.
But the documents are no guarantee. In Pennsylvania, Minor said, any final decision on guardianship is up to a judge, who must consider the best interest of the child. Even if the mother wants her sister to take care of her kid, for example, the judge could decide that the child is better off in foster care.
Minor’s clients are not alone: While custody rules vary by state, undocumented parents across the country have been developing plans for guardianship since Trump became president. Minor doesn’t know of any instance yet in which a parent getting deported had to leave kids behind without another parent or legal guardian. But he and others are seeking to avoid that worst-case scenario.
“The system of immigration is destroying these families,” Minor said. “They are people who came to this country fleeing situations of poverty, violence in their home countries.”
Although President Barack Obama carried out a record number of deportations and was even dubbed the “deporter-in-chief,” Trump’s policies have generated more fear because of their sweeping nature, Minor said.
Under Obama, there were clear priorities: People with criminal records or gang affiliation were at higher risk for deportation, while those with no criminal records or with U.S.-born children were lower on the list. Under Trump, however, most undocumented immigrants are at risk.
They come here, they work really hard to provide for their family, they pay taxes, they do everything right, they have not committed crimes,” Minor said. “Suddenly you have the risk that the father can be deported, or the mother, and the kids are probably going to end up in the foster care system. It’s a very difficult thing.”
A video of a 13-year-old girl crying over her father, who was detained as he was driving her to school, garnered widespread attention earlier this year.

Besides guardianship, Minor has counseled undocumented individuals on a range of issues, from a domestic worker who was being abused by her employers to a woman whose partner was beating her. In both cases, the victim was afraid to turn to authorities for fear of being deported.
In an April survey, immigration attorneys and advocates reported that immigrants are increasingly reluctant to complain to authorities about domestic violence and sexual assault.

“This is what’s happening right now, what the Trump administration’s rhetoric is creating: marginalization of immigrants, specifically Latinos, driving people underground for fear of deportation,” Minor said. “These policies create fear and empower individuals who use this rhetoric to oppress the immigrant populations here.”
For people who want to support undocumented families, Minor suggests donating to or volunteering at a community center, like Casa San Jose. If you have language or legal skills, one of these groups might welcome your time.”

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

Sarah’s article does a great job of illustrating the bogus narrative, wanton cruelty, and just plain “dumb” gonzo enforcement being promoted by Trump, Sessions, Miller and the White Nationalists, and being mindlessly carried out by DHS/ICE.

One of the worst aspects is that rather than making America safer, “gonzo enforcement,” empowers gangs, drug traffickers, domestic abusers, extorters, rapists, and sex abusers who have been essentially “turned loose” on ethnic communities by the Trump Administration with little chance being apprehended by law enforcement. That’s exactly what so-called sanctuary cities are organizing to resist.

Since DHS is prone to go for “low hanging fruit,” collaterals, minor criminals, and immigration violators, to build up bogus stats, that in turn justify their existence, the chances of the real ”bad guys” being taken off the streets by these tactics are likely reduced.

In the meantime, thank goodness for the real “good guys” like Cristian Minor who are working hard to limit and wherever possible repair the human, economic, social, and moral carnage being inflicted on America by the Trump Administration.

PWS

09-30-17

 

 

 

 

 

“Warren Buffett on Immigration Reform: Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem.“

https://www.fool.com/investing/2017/09/29/warren-buffett-on-immigration-reform.aspx

Matthew Frankel reports for The Motley Fool:

“Immigration reform has been a hot-button issue long before President Trump pledged to build a wall along our border. And while there’s certainly an argument to be made that we need to do a better job of controlling illegal immigration, there’s also a strong case to be made that immigrants are a big driving force behind America’s growth — past, present, and future.

Warren Buffett has been very outspoken in recent years about America and its amazing economic story. Not only does Buffett feel that immigrants have led us to where we are today, but he also thinks that immigrants are an essential component of our country’s future success.

Here’s what Warren Buffett thinks of immigrants
In a nutshell, Buffett feels that immigrants (including undocumented ones) have been and continue to be a key part of our prosperity — not a part of the problem. “This country has been blessed by immigrants,” Buffett said in February at Columbia University. “You can take them from any country you want, and they’ve come here and they found something that unleashed the potential that the place that they left did not, and we’re the product of it.”

Referring to Albert Einstein and Leo Szilard, both of whom were immigrants themselves, Buffett said, “If it hadn’t been for those two immigrants, who knows whether we’d be sitting in this room.”

In his most recent letter to Berkshire Hathaway’s (NYSE:BRK-A) (NYSE:BRK-B) shareholders, Buffett specifically mentioned immigrants as one of the major components of America’s success story. “From a standing start 240 years ago — a span of time less than triple my days on earth — Americans have combined human ingenuity, a market system, a tide of talented and ambitious immigrants, and the rule of law to deliver abundance beyond any dreams of our forefathers.”

On a pathway to citizenship
Buffett is an outspoken Democrat who actively campaigned for Hillary Clinton during the 2016 presidential race. So it shouldn’t come as too much of a surprise that Buffett doesn’t want to deport millions of illegal immigrants who are currently in the United States.

In a 2015 interview with Fox Business, Buffett said

People should be able to earn citizenship who are here. You know, I do not think we should deport millions of people. So, I think we should have a real path to citizenship.

Buffett was then asked specifically about the DREAM Act and its 800,000 minors who are in the country illegally and now face an uncertain future after the end of DACA, from the perspective of a successful American businessman. Buffett replied:

It is a question of being a human being not really a businessman. Immigrants came, our forefathers came as immigrants, they got here anyway they could. And who knows what I would have done if I were in some terrible situation in a country and wanted to come here…a great percentage of them are good citizens. I would have a path to citizenship for them, I would not send them back.

 

On immigration policy and reform
As we all know, the immigration debate has been going on for a long time. And Buffett’s stance hasn’t changed much over the past several years. In a 2013 interview with ABC’s This Week, Buffett said:

I think we should have a more logical immigration policy. It would mean we would attract a lot of people, but we would attract the people we want to attract in particular — in terms of education, tens or hundreds of thousands of people. We enhance their talents and have them stick around here.

Buffett went on to say that any reform package should “certainly offer [undocumented immigrants] the chance to become citizens,” and one main reason for doing so would be to deepen the talent pool of the labor force.

Buffett’s stance on immigration in a nutshell
Warren Buffett believes that allowing immigrants who are already in the country to stay and pursue citizenship is not only the right thing to do, but is essential to America’s continued economic prosperity. Buffett certainly sees the need for immigration reform, as most Americans of all political affiliations do, but wants to encourage and simplify the legal pathways to immigration.”

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Buffet speaks simple truth: Immigrants, both documented and undocumented are not threats, but rather are a necessary ingredient for America’s greatness. We need to bring law-abiding undocumented individuals into our society in some type of legal, work authorized status. We also need substantial across the board increases in legal immigration, so that in the future the immigrants we need can come through the legal system (or wait in a realistic line) rather than coming through an underground system and working and living in the shadows.

The lies, misrepresentations, and false narratives being peddled by Trump, Sessions, Bannon, Miller, Kobach, Cotton, Perdue, King, Goodlatte, Labrador, the so called “Freedom” Caucus, and the rest of their White Nationalist restrictionist cronies are a path to national disaster. Removing existing non-criminal migrants who happen to be working here in undocumented status is a colossal waste of limited Government resources that actually hurts our country in numerous ways.

Time to stand up against the restrictionist, White Nationalist, xenophobic, anti-American blather. Demand that your Congressional representatives back sane, humane immigration reform that takes care of those already here and recognizes their great contributions while appropriately and significantly expanding future legal immigration opportunities so that we don’t keep repreating our mistakes over and over.

Let’s be honest about it. If the time, money, and resources that the U.S. Government is currently spending on the counterproductive aspects of immigration enforcement and inhumane immigration detention were shifted into constructive areas, there would be no “disaster relief crisis” in Puerto Rico and the Virgin Islands right now, and we’d have more money to spend on heath care, job training and retraining, infrastructure, addressing the opioid crisis, and many more legitimate national priorities!

PWS

09-30-17

GONZO’S WORLD: “Eggshell” Attorney General Is A Parody Of The First Amendment!

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/09/jeff_sessions_wants_a_first_amendment_that_celebrates_robust_criticism_of.html

Dahlia Lithwick writes at Slate:

“Having seen the Sessions DOJ prosecute someone for laughing at Jeff Sessions, it’s hardly surprising that he wants a First Amendment that celebrates the robust criticism of everyone but himself. Watching Sessions’ DOJ going after private Facebook information for anti-Trump activists, it’s hardly surprising that these much-vaunted free speech protections flow in the direction of Trump officials and away from Trump dissenters. It is, nevertheless, somewhat more surprising to see that the burgeoning theory that conservatives deserve free speech protections, and liberals deserve none, is becoming yet another normalized part of this abnormal administration. After all, if you cannot even see anyone from the opposing side, you certainly have no reason to hear their voices. And what was most striking about Sessions’ rousing performance at Georgetown is that he didn’t seem to even notice or concede that an opposing side exists. This has very real practical effects for his DOJ and for our rule of law.

Read, for example, the work of my friend Garrett Epps on the stunning DOJ brief filed in the Masterpiece Cakeshop v. Colorado Civil Rights Commission “religious baker” case to be heard at the Supreme Court this fall. The Justice Department evinces no solicitude at all for the injuries of anyone but the Christian baker at issue, the one who seeks not to be compelled to make a wedding cake for a gay couple. Sessions’ Department of Justice, for instance, argues that Colorado hadn’t yet acknowledged the rights of marriage equality at the time of the cake incident, so the fact that such equality is now a constitutional right should not even be considered. It’s a hard case, as Epps notes. But it’s vastly easier if you simply pretend away the interests of the other side. For this DOJ, there is nobody else on the radar. Nobody else exists.

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When talking about the First Amendment and the brutal and challenging clash of diverse opinions, a big part of that is the obligation to listen to ideas that might be uncomfortable or even painful to hear. But that relationship presupposes that we can see or acknowledge that there are speakers on the other side. More and more, it feels as though the Trump administration’s aperture has narrowed to the point where someone can espouse First Amendment values while viewing genuine opponents as wholly other, foreign, and not even worth giving the chance to respond. This is the framing for the NFL protests (Trump has free speech rights, the players do not) and the framing for Sessions’ speech about student speech.

There’s little doubt that Jeff Sessions meant it when he importuned the students before him to stand up for free speech and to spend their law school careers refining their own views in opposition to conflicting ideas. But it’s far from clear that he realized how absurd it was to say those things at an event that excluded faculty and students with different viewpoints. Admonishing law students to spend their time testing their pre-existing views against alternate ideas while engaging in almost daily acts of punishing and suppressing speech and expression of alternate ideas is insane. I’m not sure that the sparking, hotly contested debates between people who hate marriage equality and the people who really, really hate marriage equality is the sort of dispute Justices Jackson and Brandeis were thinking about.

And what is terrifying is the possibility that Sessions truly believes that people with different viewpoints don’t even exist anymore in any tangible application. These dissenters are all just enemies of the state. They are no more real to him than ghosts. More and more, Sessions is constructing a Justice Department in which the other side is just noise to him, not speech. And if you cannot even see protesters and political dissidents, it’s hardly a surprise that you cannot hear them either.”

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Read Lithwick’s complete article at the link.

I have to admit that it’s great to be retired, outside the repressively paranoid atmosphere of the DOJ (and that was before the reign of Gonzo began), and able to exercise my right to free speech again.

Sessions is enthusiastic about defending the right to promote hate speech, religious zealotry, and homophobia, all things in which he and his alt-right cronies fervently believe. But, when it comes to defending the rights of Blacks, Hispanics, immigrants, and the rest of us to protest, or in the case of Blacks and Hispanics to even exercise their voting rights, not so much.

Gonzo’s career has been built on disingenuously promoting bias, racial inequality, xenophobia, homophobia, intolerance, and white privilege in the name of a Constitution that it’s hard to believe he’s ever read much less understands or follows. Other than Trump, Bannon, or Miller, I can’t imagine anyone less qualified than Gonzo to pontificate about the First Amendment, or indeed any portion of the U.S. Constitution other than, perhaps, the Second Amendment which apparently is the only part of the Constitution they have ever heard about down in Ol’ Bammy.

PWS

09-29-17