GONZO’S WORLD: WASHPOST EDITORIALS RIP GONZO’S BOGUS “CRIME WAVE” & “REEFER MADNESS!” – Is He “On The Ropes?” – Don’t Count On It – NBC Describes How He’s The “Ultimate Survivor!”

https://www.washingtonpost.com/opinions/jeff-sessions-says-theres-a-staggering-increase-in-homicides-the-data-dont-agree/2018/01/05/b0ae52fa-f169-11e7-b390-a36dc3fa2842_story.html

Jeff Sessions says there’s ‘a staggering increase in homicides.’ The data disagree.


Attorney General Jeff Sessions at the White House in Washington on March 27, 2017. (Jabin Botsford/The Washington Post)
January 5

“PRESIDENT TRUMP rode a claim of out-of-control crime — to be fought with “law and order” — to victory in 2016. He reinforced the message in his inaugural address about “American carnage.” So it’s no surprise that Attorney General Jeff Sessions harps on the same theme, most recently on Wednesday, when he issued a statement describing this as a “time of rising violent crime [and] a staggering increase in homicides.” As the nation’s chief law enforcement officer, Mr. Sessions can and should use his bully pulpit to raise justified concern about crime and violence; his latest remarks, however, constituted a misuse of that power. Currently available data do not support his alarmism.

The most recent FBI national crime reports do indeed show that both murder and violent offenses generally rose in 2015 and 2016. The murder rate had risen from at least a 54-year low of 4.4 per 100,000 people in 2014 to 5.3 at the end of 2016. This reversal of a long and positive trend in American society cries out for thoughtful analysis and response. We’re still waiting for the 2017 FBI data, which won’t be out until later this year.

Meanwhile, private sources have been crunching the 2017 numbers reported by the police of the largest cities — generally indicative of the national total, since homicide is overwhelmingly an urban phenomenon. The basic picture is that homicide probably dippedslightly last year. Through Dec. 16, the total number of homicides in the nation’s 30 largest cities was 4.4 percent below what it was at the same point in 2016, according to the New York-based Brennan Center for Justice. The Brennan Center is a liberal nonprofit that frequently criticizes the Trump administration, but its numbers come from police agencies and city reports, and its findings agree with those of independent crime analyst Jeff Asher of FiveThirtyEight. His study of public data from 54 cities with 250,000 or more residents showed that murder is down 2.75 percent over 2016.

Mr. Sessions’s statement came in the context of his announcement of new interim U.S. attorneys, including for Manhattan and Brooklyn. Yet the nation’s largest city recorded only 290 homicides in 2017 — a decline of nearly 90 percent over the past quarter century. Mr. Sessions could just as easily have taken the opportunity to send the Big Apple and the other improving cities his congratulations.”

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https://www.washingtonpost.com/opinions/sessionss-unwise-move-on-marijuana-may-backfire/2018/01/06/12216a4a-f264-11e7-b3bf-ab90a706e175_story.html

Sessions’s unwise move on marijuana may backfire

January 6 at 7:39 PM

Attorney General Jeff Sessions is pushing the federal government back into marijuana enforcement. This is an unwise and unnecessary move that may divert resources from more serious problems — and end up backfiring on those who want to restrain pot use.

Mr. Sessions rescinded Thursday a policy that kept the federal government largely out of the way of states that have legalized marijuana. A majority of states have now legalized it in some form. Maryland just began permitting medical marijuana. California just legalized recreational marijuana, and Vermont is near to doing so.

Mr. Sessions’s move upended a tenuous deal the Obama administration made with legalization states: keep pot out of minors’ hands and help combat trafficking, and federal authorities will focus on bigger priorities. This policy allowed a handful of states room to experiment with unencumbered legalization, which would have made the consequences clearer to others.

Mr. Sessions’s decision is unlikely to result in arrests of small-time marijuana users. But it will chill the growth of the aboveboard weed economy by deterring banks and other institutions from participating. From there, U.S. attorneys across the country will decide whether to crack down, and on whom — a few big distributors, perhaps, or a few local grow shops, too. In states with complex regulations on marijuana growing, testing and selling, some operations may move back underground rather than provide documentation to state authorities that federal prosecutors might later use against them.

Mr. Sessions’s move is counterproductive even for skeptics of legalization, whose only defense against a growing tide of public opinion would be evidence that full legalization has significant negative consequences. Mr. Sessions’s move diminishes the possibility of drawing lessons — including cautionary ones — from the examples of legalization states. Similarly, Mr. Sessions has made it harder to learn how to regulate the legitimate weed economy, if that is the path the country chooses.

Jars of medical marijuana are on display on the counter of Western Caregivers Medical marijuana dispensary in Los Angeles. (Richard Vogel/Associated Press)

More concerning is the prospect that U.S. attorneys will begin diverting limited federal resources into anti-pot campaigns from far more pressing matters. As Mr. Sessions himself said this past November, the nation is experiencing “the deadliest drug crisis in American history.” That would be the opioid epidemic, which, Mr. Sessions noted, claimed some 64,000 lives in 2016. Marijuana simply does not pose the same threat, and the attorney general should have avoided any suggestion that it requires more attention right now.

Mr. Sessions’s decision will spur calls for Congress to finally change federal law. That is warranted, but lawmakers should be wary of swinging too far in the opposite direction. As a recent National Academies of Science review found, experts still know relatively little about marijuana’s health effects. It makes no sense to lock up small-time marijuana users, but it may not make sense to move quickly to national legalization. Rather, Congress should decriminalize marijuana use, then await more information.”

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Obviously, Gonzo isn’t “winning friends and (favorably) influencing people” with his with his various personal vendettas. And, Trump trashes him one day and pats him on the back the next. But, that doesn’t mean he’s going anywhere soon. Ironically, Senate Democrats, who once called for his resignation, are now defending him in light of calls from various GOP legislators for him to step down.  Also ironically, it’s Special Counsel Robert Mueller, whom Gonzo doesn’t even supervise, who’s probably his “job insurance.” Jonathan Allen at NBC News explains how Gonzo has become the “ultimate survivor” of the Trump Administration.

https://www.nbcnews.com/politics/politics-news/why-attorney-general-jeff-sessions-survives-trump-s-wrath-n835251

“POLITICS

Why Attorney General Jeff Sessions survives Trump’s wrath

WASHINGTON — Attorney General Jeff Sessions is taking so much friendly fire these days that it’s easy to conclude he might soon be shown the Justice Department exit.

President Donald Trump has long been apoplectic over Sessions’ recusal from the Justice Department’s Russia probe — as well as the agency’s passing interest in allegations of misconduct by Trump’s vanquished rival, Hillary Clinton — and the president often criticizes Sessions, the Justice Department and the FBI publicly.

“So General Flynn lies to the FBI and his life is destroyed, while Crooked Hillary Clinton, on that now famous FBI holiday ‘interrogation’ with no swearing in and no recording, lies many times … and nothing happens to her? Rigged system, or just a double standard?” Trump wrote on Twitter last month.

Three House Republicans — Chris Stewart of Utah, Jim Jordan of Ohio and Mark Meadows of North Carolina — called on Sessions to resign this week. In an op-ed in the Washington Examiner, Meadows and Jordan argued that leaks about the Russia investigation show the attorney general doesn’t have control over his department. And there have been reportsthat EPA Chief Scott Pruitt is lining himself up to try to take Sessions’ job.

Third Republican calls for Sessions to resign 0:48

Things have gotten so bad for Sessions that his chief defenders this week were the very same Senate Democrats that had railed against his appointment last year, a function of their fear that a new attorney general would be both more loyal to Trump and more able to affect Special Counsel Robert Mueller’s Russia investigation.

It all adds up to the kind of drumbeat that usually portends the political demise of a Cabinet official.

But on Saturday, Trump sought to quiet Sessions’ critics. Asked whether he stands by his attorney general, Trump replied, “Yes, I do.”

It may be that Sessions is untouchable. At the very least, veteran Washington insiders say, he’s shown a survivor’s instincts for dealing with Trump.

“Sessions has figured out a way to appease Trump at the moments where his ire is at its maximum,” said Brian Fallon, a former Obama Justice Department and Hillary Clinton campaign spokesman who also worked on Capitol Hill. “Sessions finds ways to relieve some of the tension.”

In the latest example, Trump’s fury may have been tempered this week by reports that Sessions’ Justice Department has been investigating the Clinton Foundation and is taking another look at Clinton’s private email server. Trump had publicly pressured Sessions to investigate longtime top Clinton aide Huma Abedin over her handling of classified information.

Justice Department spokeswoman Sarah Isgur Flores said in an email that the possibility of Sessions losing his job is a “non story” that has been “ginned up by the media.”

But even if he’s not fully pleased with Sessions, Trump may be stuck with him.

On a political level, it’s not clear whether any possible replacement could win Senate confirmation at a time when two GOP defectors would be enough to scuttle a nomination.

And there’s also the tricky legal question of whether firing Sessions could be interpreted as an attempt to obstruct justice in the Mueller probe, especially after The New York Times reported that a Sessions aide tried to dig up dirt on James Comey when the former FBI director testified that his agency was examining possible Trump campaign ties to Russia.

While Sessions may be secure, his No. 2, Deputy Attorney General Rod Rosenstein, may not be if Trump continues to be displeased with the progress of Mueller’s investigation. With Sessions recused, it’s Rosenstein who oversees Mueller. If Trump decides he wants to fire Mueller, that order would go through Rosenstein, which could set up the kind of constitutional crisis that faced Justice Department executives during the 1973 Saturday Night Massacre.

Back then, President Richard Nixon wanted to fire special prosecutor Archibald Cox, who was investigating the Watergate scandal. The top two justice department officials resigned rather than carry out his order, and Cox was eventually fired by Solicitor General Robert Bork at Nixon’s direction. Nixon won the battle but the backlash from his heavy-handed tactics accelerated his defeat in the war to keep his job. The House began impeachment hearings less than two weeks later.

That history is reason enough for Trump to think twice about cashiering Sessions or any other senior Justice Department official.”

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Gonzo’s attacks on African-Americans, Latinos, LGBTQ individuals, state and local officials, and legalized marijuana merchants and users, among others, is an anathema to effective law enforcement! Indeed, these are just the communities whose support and assistance Gonzo and the DOJ would need to actually be effective in fighting serious crime.

Moreover, his false crusades against these groups have made him ignore America’s most pressing problem: combatting the opioid crisis, which would require not just law enforcement but a coordinated effort among Federal, state and local law enforcement, local communities, and medical,social, welfare, and economic development entities, all of which Gonzo has gone out of his was to “dis” or otherwise offend.

On the other hand, as pointed out by Jonathan Allen, for reasons unrelated to his unrelentingly poor administration of “justice,” Sessions might be in charge of his own destiny at the DOJ.

PWS

01-07-18

THE NY TIMES TAKES YOU INSIDE THE “NERVE CENTER” OF THE WHITE NATIONALIST EMPIRE: TRUMP’S “GONZO” IMMIGRATION POLICIES DRIVEN BY XENOPHOBIA, RACISM, IRRATIONAL FEAR, FAKE NEWS, MISINFORMATON, AND BIAS! – Trump & Cronies Deny Our Nation’s Immigrant Past While Seeking To Destroy Our Future As A Powerful and Diverse Democracy!

https://www.nytimes.com/2017/12/23/us/politics/trump-immigration.html?_r=0

 

Michael D. Shear & Julie Hirschfield Davis report for the NY Times:

“WASHINGTON — Late to his own meeting and waving a sheet of numbers, President Trump stormed into the Oval Office one day in June, plainly enraged.

Five months before, Mr. Trump had dispatched federal officers to the nation’s airports to stop travelers from several Muslim countries from entering the United States in a dramatic demonstration of how he would deliver on his campaign promise to fortify the nation’s borders.

But so many foreigners had flooded into the country since January, he vented to his national security team, that it was making a mockery of his pledge. Friends were calling to say he looked like a fool, Mr. Trump said.

According to six officials who attended or were briefed about the meeting, Mr. Trump then began reading aloud from the document, which his domestic policy adviser, Stephen Miller, had given him just before the meeting. The document listed how many immigrants had received visas to enter the United States in 2017.

More than 2,500 were from Afghanistan, a terrorist haven, the president complained.

Haiti had sent 15,000 people. They “all have AIDS,” he grumbled, according to one person who attended the meeting and another person who was briefed about it by a different person who was there.

Forty thousand had come from Nigeria, Mr. Trump added. Once they had seen the United States, they would never “go back to their huts” in Africa, recalled the two officials, who asked for anonymity to discuss a sensitive conversation in the Oval Office.

As the meeting continued, John F. Kelly, then the secretary of homeland security, and Rex W. Tillerson, the secretary of state, tried to interject, explaining that many were short-term travelers making one-time visits. But as the president continued, Mr. Kelly and Mr. Miller turned their ire on Mr. Tillerson, blaming him for the influx of foreigners and prompting the secretary of state to throw up his arms in frustration. If he was so bad at his job, maybe he should stop issuing visas altogether, Mr. Tillerson fired back.

Tempers flared and Mr. Kelly asked that the room be cleared of staff members. But even after the door to the Oval Office was closed, aides could still hear the president berating his most senior advisers.

Sarah Huckabee Sanders, the White House press secretary, denied on Saturday morning that Mr. Trump had made derogatory statements about immigrants during the meeting.

“General Kelly, General McMaster, Secretary Tillerson, Secretary Nielsen and all other senior staff actually in the meeting deny these outrageous claims,” she said, referring to the current White House chief of staff, the national security adviser and the secretaries of state and homeland security. “It’s both sad and telling The New York Times would print the lies of their anonymous ‘sources’ anyway.”

While the White House did not deny the overall description of the meeting, officials strenuously insisted that Mr. Trump never used the words “AIDS” or “huts” to describe people from any country. Several participants in the meeting told Times reporters that they did not recall the president using those words and did not think he had, but the two officials who described the comments found them so noteworthy that they related them to others at the time.

The meeting in June reflects Mr. Trump’s visceral approach to an issue that defined his campaign and has indelibly shaped the first year of his presidency.

How We Reported This Story

The Times conducted over three dozen interviews with current and former administration officials, lawmakers and others close to the process.

Seizing on immigration as the cause of countless social and economic problems, Mr. Trump entered office with an agenda of symbolic but incompletely thought-out goals, the product not of rigorous policy debate but of emotionally charged personal interactions and an instinct for tapping into the nativist views of white working-class Americans.

Like many of his initiatives, his effort to change American immigration policy has been executed through a disorderly and dysfunctional process that sought from the start to defy the bureaucracy charged with enforcing it, according to interviews with three dozen current and former administration officials, lawmakers and others close to the process, many of whom spoke on the condition of anonymity to detail private interactions.

But while Mr. Trump has been repeatedly frustrated by the limits of his power, his efforts to remake decades of immigration policy have gained increasing momentum as the White House became more disciplined and adept at either ignoring or undercutting the entrenched opposition of many parts of the government. The resulting changes have had far-reaching consequences, not only for the immigrants who have sought to make a new home in this country, but also for the United States’ image in the world.

“We have taken a giant steamliner barreling full speed,” Mr. Miller said in a recent interview. “Slowed it, stopped it, begun to turn it around and started sailing in the other direction.”

It is an assessment shared ruefully by Mr. Trump’s harshest critics, who see a darker view of the past year. Frank Sharry, the executive director of America’s Voice, a pro-immigration group, argues that the president’s immigration agenda is motivated by racism.

“He’s basically saying, ‘You people of color coming to America seeking the American dream are a threat to the white people,’” said Mr. Sharry, an outspoken critic of the president. “He’s come into office with an aggressive strategy of trying to reverse the demographic changes underway in America.”

. . . .

Even as the administration was engaged in a court battle over the travel ban, it began to turn its attention to another way of tightening the border — by limiting the number of refugees admitted each year to the United States. And if there was one “deep state” stronghold of Obama holdovers that Mr. Trump and his allies suspected of undermining them on immigration, it was the State Department, which administers the refugee program.

At the department’s Bureau of Population, Refugees and Migration, there was a sense of foreboding about a president who had once warned that any refugee might be a “Trojan horse” or part of a “terrorist army.”

Mr. Trump had already used the travel ban to cut the number of allowable refugees admitted to the United States in 2017 to 50,000, a fraction of the 110,000 set by Mr. Obama. Now, Mr. Trump would have to decide the level for 2018.

At an April meeting with top officials from the bureau in the West Wing’s Roosevelt Room, Mr. Miller cited statistics from the restrictionist Center for Immigration Studies that indicated that resettling refugees in the United States was far costlier than helping them in their own region.

Mr. Miller was visibly displeased, according to people present, when State Department officials pushed back, citing another study that found refugees to be a net benefit to the economy. He called the contention absurd and said it was exactly the wrong kind of thinking.

But the travel ban had been a lesson for Mr. Trump and his aides on the dangers of dictating a major policy change without involving the people who enforce it. This time, instead of shutting out those officials, they worked to tightly control the process.

In previous years, State Department officials had recommended a refugee level to the president. Now, Mr. Miller told officials the number would be determined by the Department of Homeland Security under a new policy that treated the issue as a security matter, not a diplomatic one.

When he got word that the Office of Refugee Resettlement had drafted a 55-page report showing that refugees were a net positive to the economy, Mr. Miller swiftly intervened, requesting a meeting to discuss it. The study never made it to the White House; it was shelved in favor of a three-page list of all the federal assistance programs that refugees used.

At the United Nations General Assembly in September, Mr. Trump cited the Center for Immigration Studies report, arguing that it was more cost-effective to keep refugees out than to bring them into the United States.

“Uncontrolled migration,” Mr. Trump declared, “is deeply unfair to both the sending and receiving countries.”

. . . .

As the new year approached, officials began considering a plan to separate parents from their children when families are caught entering the country illegally, a move that immigrant groups called draconian.

At times, though, Mr. Trump has shown an openness to a different approach. In private discussions, he returns periodically to the idea of a “comprehensive immigration” compromise, though aides have warned him against using the phrase because it is seen by his core supporters as code for amnesty. During a fall dinner with Democratic leaders, Mr. Trump explored the possibility of a bargain to legalize Dreamers in exchange for border security.

Mr. Trump even told Republicans recently that he wanted to think bigger, envisioning a deal early next year that would include a wall, protection for Dreamers, work permits for their parents, a shift to merit-based immigration with tougher work site enforcement, and ultimately, legal status for some undocumented immigrants.

The idea would prevent Dreamers from sponsoring the parents who brought them illegally for citizenship, limiting what Mr. Trump refers to as “chain migration.”

“He wants to make a deal,” said Mr. Graham, who spoke with Mr. Trump about the issue last week. “He wants to fix the entire system.”

Yet publicly, Mr. Trump has only employed the absolutist language that defined his campaign and has dominated his presidency.

After an Uzbek immigrant was arrested on suspicion of plowing a truck into a bicycle path in Lower Manhattan in October, killing eight people, the president seized on the episode.

Privately, in the Oval Office, the president expressed disbelief about the visa program that had admitted the suspect, confiding to a group of visiting senators that it was yet another piece of evidence that the United States’ immigration policies were “a joke.”

Even after a year of progress toward a country sealed off from foreign threats, the president still viewed the immigration system as plagued by complacency.

“We’re so politically correct,” he complained to reporters in the cabinet room, “that we’re afraid to do anything.”

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Read the full, much more comprehensive and detailed, article at the link.

Disturbing for sure, but unfortunately not particularly surprising for those of us who have watched the Administration roll out its toxic, ill-informed immigration policies. Perhaps ironically, while the immigration issue has certainly allowed Trump to capture and control the GOP, polls show that his extreme restrictionist, xenophobic views on immigration are generally out of line with the majority of Americans (although not necessarily the majority of GOP voters).

PWS

12-23-17

RESISTING TRUMP AND THE WHITE NATIONALIST STATE: “YEAR 1” — Read Polish Journalist Martin Mycielski’s “Authoritarian Regime Survival Guide”

YEAR 1 Under Authoritarianism

What to Expect?

  1. They will come to power with a campaign based on fear, scaremongering and distorting the truth. Nevertheless, their victory will be achieved through a democratic electoral process. But beware, as this will be their argument every time you question the legitimacy of their actions. They will claim a mandate from the People to change the system.

    Remember – gaining power through a democratic system does not give them permission to cross legal boundaries and undermine said democracy.

  2. They will divide and rule. Their strength lies in unity, in one voice and one ideology, and so should yours. They will call their supporters Patriots, the only “true Americans”. You will be labelled as traitors, enemies of the state, unpatriotic, the corrupt elite, the old regime trying to regain power. Their supporters will be the “People”, the “sovereign” who chose their leaders.

    Don’t let them divide you – remember you’re one People, one Nation, with one common good.

  3. Through convoluted laws and threats they will try to control mainstream media and limit press freedom. They will ban critical press from their briefings, calling them “liars”, “fake news”. They will brand those media as “unpatriotic”, acting against the People (see point 2).

    Fight for every media outlet, every journalist that is being banned, censored, sacked or labelled an “enemy of the state” – there’s no hope for freedom where there is no free press.

  4. They will create chaos, maintain a constant sense of conflict and danger. It will be their argument to enact new authoritarian laws, each one further limiting your freedoms and civil liberties. They will disguise them as being for your protection, for the good of the People.

    See through the chaos, the fake danger, expose it before you wake up in a totalitarian, fascist state.

  5. They will distort the truth, deny facts and blatantly lie. They will try to make you forget what facts are, sedate your need to find the truth. They will feed “post-truths” and “alternative facts”, replace knowledge and logic with emotions and fiction.

    Always think critically, fact-check and point out the truth, fight ignorance with facts.

  6. They will incite and then leak fake, superficial “scandals”. They will smear opposition with trivial accusations, blowing them out of proportion and then feeding the flame. This is just smokescreen for the legal steps they will be taking towards totalitarianism.

    See through superficial topics in mainstream media (see point 3) and focus on what they are actually doing.

  7. They will propose shocking laws to provoke your outrage. You will focus your efforts on fighting them, so they will seemingly back off, giving you a false sense of victory. In the meantime they will push through less “flashy” legislation, slowly dismantling democracy (see points 4 and 6).

    Focus your fight on what really matters.

  8. When invading your liberal sensibilities they will focus on what hurts the most – women and minorities. They will act as if democracy was majority rule without respect for the minority. They will paint foreigners and immigrants as potential threats. Racial, religious, sexual and other minorities will become enemies to the order and security they are supposedly providing. They will challenge women’s social status, undermine gender equality and interfere with reproductive rights (see point 7). But it means they are aware of the threat women and minorities pose to their rule, so make it your strength.

    Women and minorities should fight the hardest, reminding the majority what true democracy is about.

  9. They will try to take control of the judiciary. They will assault your highest court. They need to remove the checks and balances to be able to push through unconstitutional legislation. Controlling the judiciary they can also threat anyone that defies them with prosecution, including the press (see point 3).

    Preserve the independence of your courts at all cost, they are your safety valve, the safeguard of the rule of law and the democratic system.

  10. They will try to limit freedom of assembly, calling it a necessity for your security. They will enact laws prioritizing state events and rallies, or those of a certain type or ideology. If they can choose who can demonstrate legally, they have a legal basis to forcefully disperse or prosecute the rest.

    Oppose any legislation attempting to interfere with freedom of assembly, for whatever reason.

  11. They will distort the language, coin new terms and labels, repeat shocking phrases until you accept them as normal and subconsciously associate them with whom they like. A “thief”, “liar” or “traitor” will automatically mean the opposition, while a “patriot” or a “true American” will mean their follower (see point 2). Their slogans will have double meaning, giving strength to their supporters and instilling angst in their opponents.

    Fight changes in language in the public sphere, remind and preserve the true meaning of words.

  12. They will take over your national symbols, associate them with their regime, remake them into attributes of their power. They want you to forget that your flag, your anthem and your symbols belong to you, the People, to everyone equally. Don’t let them be hijacked. Use and expose them in your fight as much as they do.

    Show your national symbols with pride, let them give you strength, not associate you with the tyranny they brought onto your country.

  13. They will try to rewrite history to suit their needs and use the education system to support their agenda. They will smear any historical or living figure who wouldn’t approve of their actions, or distort their image to make you think they would. They will place emphasis on historical education in schools, feeding young minds with the “only correct” version of history and philosophy. They will raise a new generation of voters on their ideology, backing it with a distorted interpretation of history and view of the world.

    Guard the education of your children, teach them critical thinking, ensure their open-mindedness and protect your real history and heritage.

  14. They will alienate foreign allies and partners, convincing you don’t need them. They won’t care for the rest of the world, with their focus on “making your country great again”. While ruining your economy to fulfil their populist promises, they will omit the fact that you’re part of a bigger world whose development depends on cooperation, on sharing and on trade.

    Don’t let them build walls promising you security instead of bridges giving you prosperity.

  15. They will eventually manipulate the electoral system. They might say it’s to correct flaws, to make it more fair, more similar to the rest of the world, or just to make it better. Don’t believe it. They wouldn’t be messing with it at all if it wasn’t to benefit them in some way.

    Oppose any changes to electoral law that an authoritarian regime wants to enact – rest assured it’s only to help them remain in power longer.

And above all, be strong, fight, endure, and remember you’re on the good side of history.
EVERY authoritarian, totalitarian and fascist regime in history eventually failed, thanks to the PEOPLE.
– With love, your Eastern European friends

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Martin Mycielski is a journalist, serving as Brussels correspondent for leading Polish daily Gazeta Wyborcza. Before that he was one of the leaders of the Committee for the Defence of Democracy (KOD) NGO and protest movement, which has organized the largest mass demonstrations in Poland since the fall of communism, opposing the authoritarian and unlawful actions of the Law and Justice (PiS) government and its leader, Jarosław Kaczyński (read more here and here, or just Google). In 2016 KOD’s efforts to defend democracy, fundamental freedoms and the rule of law were recognized by the European Parliament which awarded it the European Citizen’s Prize.

Since childhood Martin has been enamoured with the US, it’s culture, politics and people. Tragically, January events have put the worlds greatest democracy at risk, as they have clearly undermined the fundamental values the States were build upon, such as freedom, democracy, equality & diversity. As these values form the idea of America Martin has been raised on, he has decided to step in and help to defend them the only way he knows how – by sharing with you his experiences from a continent being currently torn apart by populists, authoritarians and tinpot dictators.

His message to President Donald J. Trump is therefore a paraphrased fragment from W. B. Yeats:

But I, being poor, have only my dreams;
I have spread my dreams under your feet;
Tread softly because you tread on my dreams;
And if you don’t, we the People will push you off them.

You can follow Martin on Twitter at @mycielski.

To view his professional background visit his portfolio, or invite him on LinkedIn to connect.

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Scary, but important points to remember if we want “liberal Western democracy” to survive the Trump era.

Points 8, 9, an 14 have particular relevance to what is happening in our legal and immigration systems now. thus, I reiterate them in full here:

Point 8

When invading your liberal sensibilities they will focus on what hurts the most – women and minorities. They will act as if democracy was majority rule without respect for the minority. They will paint foreigners and immigrants as potential threats. Racial, religious, sexual and other minorities will become enemies to the order and security they are supposedly providing. They will challenge women’s social status, undermine gender equality and interfere with reproductive rights (see point 7). But it means they are aware of the threat women and minorities pose to their rule, so make it your strength.

Women and minorities should fight the hardest, reminding the majority what true democracy is about.

Point 9

They will try to take control of the judiciary. They will assault your highest court. They need to remove the checks and balances to be able to push through unconstitutional legislation. Controlling the judiciary they can also threat anyone that defies them with prosecution, including the press (see point 3).

Preserve the independence of your courts at all cost, they are your safety valve, the safeguard of the rule of law and the democratic system.

Point 14

They will alienate foreign allies and partners, convincing you don’t need them. They won’t care for the rest of the world, with their focus on “making your country great again”. While ruining your economy to fulfil their populist promises, they will omit the fact that you’re part of a bigger world whose development depends on cooperation, on sharing and on trade.

Don’t let them build walls promising you security instead of bridges giving you prosperity.

 

 

PWS

12-22-17

MICHELLE GOLDBERG IN THE NYT: AS GOP LEADERS SUCK UP TO “DER FURHER,” THIS IS WHAT NEO-NAZI SUBMISSION LOOKS LIKE!

https://www.nytimes.com/2017/12/22/opinion/fifty-shades-trump-republicans.html

Michelle writes:

“At a televised cabinet meeting on Wednesday, Donald Trump, as is his custom, called on his appointees to publicly praise him. In a performance that would have embarrassed the most obsequious lackey of the North Korean leader Kim Jong-un, Vice President Mike Pence delivered an encomium to his boss, who sat across the table with arms folded over his chest, absorbing abasement as his due.

“I want to thank you, Mr. President,” Pence said. “I want to thank you for speaking on behalf of and fighting every day for the forgotten men and women of America. Because of your determination, because of your leadership, the forgotten men and women of America are forgotten no more. And we are making America great again.” The president thanked him for his kind words, and Pence replied, “Thank you, Mr. President, and God bless you.”

It was a neat summation of where the Republican Party is at the end of the first year of Trump. There’s been a synthesis, in which Trump and establishment Republicans adopt one another’s worst qualities. Trump, who campaigned as a putative economic populist — even calling for higher taxes on the rich — will soon sign into law the tax plan of the House speaker Paul Ryan’s Ayn Randian dreams. The majority of elected Republicans, in turn, are assuming a posture of slavish submission to Trump, worshiping their dear leader and collaborating in the maintenance of his alternative reality.

Some of this might be strategic; everyone knows Trump is susceptible to flattery. But in many cases — certainly with Pence — it seems sincere. In a recent Atlantic profile of the vice president, McKay Coppins wrote that Pence’s faith mandates obedience to temporal as well as heavenly authority. When he accepted the vice-presidential nomination, Coppins wrote, “he believed he was committing to humbly submit to the will of Donald Trump.” From a secular perspective, Pence, like many other Republicans, appears to be a person inclined to authoritarianism.

Erich Fromm, a German-Jewish psychoanalyst who fled Nazism, described authoritarian personalities as simultaneously craving power and submission. “The authoritarian character loves those conditions that limit human freedom; he loves being submitted to fate,” he wrote. Fate, in his formulation, can be the laws of the market, the will of God, or the whims of a leader. According to Fromm, authoritarians might make a show of valuing freedom and independence — watchwords of the American right — but long to be ruled by a stronger force.

Viewed this way, it’s not surprising that religious conservatives have been among Trump’s most ardent fans. Certainly, it’s understandable that people on the right would try to get what they can out of this president. But the relationship between Trump and many Republicans increasingly looks less like a marriage of convenience than a sadomasochistic affair.

. . . .

It is, as they say, not normal for erstwhile law-and-order Republicans to attack the F.B.I. for being overzealous in its pursuit of Russian subversion. Nunes’s inquiry appears similar to Trump’s voter fraud commission, invented to substantiate right-wing fantasies about Democratic vote rigging. The point, in both cases, is to flesh out a lie rather than find the truth. Hannah Arendt once wrote of this sort of policy-as-disinformation: “Totalitarianism will not be satisfied to assert, in the face of contrary facts, that unemployment does not exist; it will abolish unemployment benefits as part of its propaganda.”

For the past year, a lot of us have assumed that Republicans are putting up with Trump out of fear of their base or lust for tax cuts. We’ve imagined that beneath our mutual partisan loathing lies some remaining shared commitment to liberal democracy. Maybe that’s true, and Republicans will display new independence once tax reform is signed, particularly if support for the president keeps dwindling.

But there’s another possibility, which is that a critical mass of Republicans like being in thrall to a man who seems strong enough to will his own reality, and bold enough to voice their atavistic hatreds. Maybe Trump is changing Republicans, or maybe he’s just giving men like Pence permission to be who they already were.”

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

Read Michelle’s entire article, aptly named “Fifty Shade of Orange” at the above link. I’ll reluctantly go with “possibility two:” Trump is just giving GOP “closet bigots,” oligarchs, anarchists, racists, theocrats, and neo-Nazis permission publicly to be what they always were underneath. Not a happy thought, but at least we’ll know what we’re up against and why to date most so-called “establishment Republicans” who intend to remain in office have “gone along to get along.”

Remember, at the  end of the day, not a single GOP Senator was willing to vote against a fairly obvious “Tax Heist.”  That, plus all the “slavish submission” and repulsive flattery of “The Supreme Leader” this week tell you all you need to know about the “Heart and Soul” of the GOP. The country needs “regime change” before it’s too late!

PWS

12-22-17

MARIA SACCHETTI IN WASHPOST: INSIDE THE “NAG” (NEW AMERICAN GULAG) — CRUEL, INHUMAN, DEGRADING TREATMENT APPEARS TO BE WIDESPREAD IN SO-CALLED “CIVIL” IMMIGRATION DETENTION! — Where’s The Outrage? — Where’s The Congressional Oversight? — Why Aren’t Guys Like “Gonzo” & Homan Who Knowingly Promote Violations Of Legal & Human Rights As (Unlawful) “Immigration Deterrence” Under Investigation For Their Roles In Violating Human, Constitutional Rights!

https://www.washingtonpost.com/local/immigration/watchdog-report-finds-moldy-food-mistreatment-in-immigrant-detention-centers/2017/12/15/c97b380a-e10d-11e7-89e8-edec16379010_story.html

Maria’s always “on top” of the almost daily examples of cruel, intentionally inhumane, unconstitutional, wasteful “Gonzo” Enforcement by the Trump regime.  Here is some of what she reports on the deadly conditions in “NAG:”

“The inspector general for the Department of Homeland Security has criticized several immigration detention facilities for having spoiled and moldy food and inadequate medical care, and for inappropriate treatment of detainees, such as locking down a detainee for sharing coffee and interfering with Muslims’ prayer times.

Acting Inspector General John V. Kelly, who took over Dec. 1, said the watchdog agency identified problems at four detention centers during recent, unannounced visits to five facilities. The Dec. 11 report , released Thursday, said the flaws “undermine the protection of detainees’ rights, their humane treatment, and the provision of a safe and healthy environment.”

“Staff did not always treat detainees respectfully and professionally, and some facilities may have misused segregation,” the report found, adding that observers found “potentially unsafe and unhealthy detention conditions.”

Immigration and Customs Enforcement jails tens of thousands of immigrants for civil immigration violations, holding them until they are deported or released in the United States. The jails are not supposed to be punitive, according to the report.

ICE concurred with the inspector general’s findings and said it is taking action to fix the problems, some of which have already been addressed.

“Based on multi-layered, rigorous inspections and oversight programs, ICE is confident in conditions and high standards of care at its detention facilities,” the agency said in a statement. “To ensure the safety and well-being of those in our custody, we work regularly with contracted consultants and a variety of external stakeholders to review and improve detention conditions at ICE facilities.”

The Office of Inspector General said it launched the surprise inspections after receiving complaints from immigrant advocacy groups and on its hotline about treatment of detainees. The inspectors also interviewed staff members and detainees and examined records.

Advocates for immigrants said the report reaffirmed their long-standing calls for the detention facilities to be closed. Advocates have complained about reports of physical and sexual assaults, deaths in detention and other concerns for years under past presidents — and say their worries are increasing under President Trump.

Trump has pledged to dramatically increase deportations and is seeking congressional approval for more than 51,000 detention beds this fiscal year, up from about 30,000 under President Barack Obama.

Trump’s pick for the permanent director of ICE, Thomas D. Homan, previously ran the ICE detention system.

“The realities documented by the OIG inspectors, and many more, are endemic to the entire detention system,” Mary Small, policy director at Detention Watch Network, a nonprofit group that monitors immigration detention, said in a statement. “ICE has proven time and time again to be incapable of meeting basic standards for humane treatment.”

In a statement, Azadeh Shahshahani, legal and advocacy director of Project South, in Atlanta, cited the death in May of Jean ­Jimenez-Joseph.­ The 27-year-old Panamanian national was held in solitary confinement for 19 days at the Stewart Detention Center in rural Georgia, according to Project South.

Shahshahani said his death “should have served as a final wake-up call and resulted in the immediate closure of the facility.”

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

The Administration tries to hide, obscure, cover up, and bureaucratize what’s happening in the NAG. But, thanks to courageous reporters like Maria, the truth isn’t going to be suppressed. Read the rest of Maria’s report at the link.

Is this YOUR America? Is this the America you want YOUR children and grandchildren to read about and inherit?

Gee whiz, what were my parents and grandparents doing while neo-Nazis were invading the government and recreating the “Fourth Reich?”

And, when are the Article III Courts going to get some backbone to go with their lifetime sinicure and stand up for the Constitution and human decency before it’s too late? When good people stand by and do nothing, tyrants like Trump, Sessions, Homan, Bannon, and their corrupt supporters will have their way! 

Tell your legislators:

  • NO to Tom Homan as ICE Director;
  • NO to funding for the NAG; 
  • NO to funding DOJ’s corrupt defense of the NAG and Gonzo Immigration Enforcement;
  • NO to additional unneeded DHS Enforcement agents;
  • YES to legislative and criminal investigations of the unconstitutional activities of Gonzo, Nielsen, Homan, and their cronies and the human rights abuses they are knowingly creating by misusing the immigration laws;
  • YES to “Dreamer Relief” with “no strings attached;”
  • YES to immigration reform that legalizes law-abiding residents already here and provides additional legal visas for the future to end the “false criminalization” of needed workers and refugees!

Stand up for America as a Nation of Immigrants — Stand up for human decency — Stand against Trump, Nielsen, Sessions, Homan, Bannon, Miller and the other neo-Nazis promoting the NAG!

PWS

12-18-17

 

 

DOUG JONES “THEORETICALLY” WOULD HAVE “JUST SAID NO” TO GONZO AS AG — “too harsh on voting rights and criminal-justice issues!” — So What Else Is New?

https://www.washingtonpost.com/news/powerpost/wp/2017/12/15/doug-jones-eager-to-speak-for-the-south-embraces-the-spotlight/

David Weigel reports for the Washington Post:

“Doug Jones, weeks away from taking office as Alabama’s first Democratic senator since 1996, is not done talking about his win. On Wednesday, as national TV cameras rolled, he spent 26 minutes talking about his goals for 2018. On Thursday, he talked to the hosts of “Pod Save America” — a tastemaking podcast for liberals — about how he won. And on Sunday, he will be interviewed by Chris Wallace on Fox broadcast channel, and the show will be repeated later in the day on Fox News — a cable channel on which many Democrats refuse to appear.

So far, Jones has not made much news since his victory, ducking the Democratic fight over whether he should be seated in time to cast a vote on the GOP tax bill. (“We’ve still got a process in Alabama that we have to go though,” he said on “Pod Save America.”) He’s said more about how he won — as a “kitchen table” pragmatist and critic of Republican policy — and his hope that the South’s Republican dominance may start to crack.

“I believe we are on the road to having a competitive two-party state,” Jones said at Wednesday’s news conference.

Jones had been talking like that for months, though rarely before a national audience, and not in stump speeches. But as Republicans knew, and as they failed to exploit Tuesday, Jones did not run as a conservative and rarely took the Trump administration’s side on key issues. Most of Jones’s television ads, especially in the last month, portrayed the election as a choice between a Democrat who could “work with anybody” and a Republican who would engage in futile, embarrassing grandstanding.

In interviews, however, Jones often spoke of a different choice for Alabama — whether they wanted to send a new representative of the Deep South to the national stage. In an August interview with The Washington Post, before much national attention had driven toward his campaign, Jones said he would have theoretically opposed Jeff Sessions’s nomination for attorney general. He rattled off the reasons: Sessions was too harsh on voting rights and criminal-justice issues.”

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

Read the rest of the article at the link.

Jones might have added “bigot, racist, xenophobe, White Nationalist, homophobe, Islamophobe, bully, liar, theocrat, sexist, and “D-grade legal mind,” to the reasons. But, we get the point. Even in Alabama, Sessions’s obvious bias, retrograde views, and general lack of qualifications for high office were well known.

In other words, if you remove the pedophelia, the ridiculous leather vest, poor little pony, waving pistol, and totally obnoxious wife, then “Gonzo” is “Ayatollah Roy.”

Unfortunately,  Gonzo has been able to do even more damage to our country, our Constitution, and our future (e.g.,our “Dreamers“) as an appointed official than he was in the Senate (perhaps because he was so, well, “Gonzo,” that even in his own party nobody took his “parallel universe” 1950’s segregationist view of America seriously). Probably happy enough to get rid of him as a colleague, the GOP inflicted him on the entire nation!

But, the majority of Americans who don’t believe in Gonzo’s “Apocalyptic Vision” don’t  have to put up with this travesty indefinitey. Hopefully, working with colleagues on both sides of the aisle, and drawing on the abysmal record of “Gonzo in action,” Doug Jones will be able to use “the system” to work cooperatively with others to remove the  most stunningly unqualified Attorney General since John Mitchell from office.

We can all hope.

PWS

12-15-17

TIS INDEED THE “SEASON OF MIRACLES” — I WOKE UP THIS MORNING AND FOUND MYSELF IN COMPLETE AGREEMENT WITH CHARLES KOCH!

https://www.washingtonpost.com/opinions/congress-must-act-on-the-dreamers/2017/12/14/3dc0ab98-e053-11e7-bbd0-9dfb2e37492a_story.html

From the Washington Post:

Congress must act on the ‘dreamers’


A woman holds up a sign outside the U.S. Capitol in support of the Deferred Action for Childhood Arrivals (DACA) program on Dec. 5. (Jacquelyn Martin/AP)
December 14

Tim Cook is chief executive of Apple. Charles Koch is chairman and chief executive of Koch Industries.

The holidays are upon us, and families across the United States are coming together to celebrate. Yet for about 690,000 of our neighbors, colleagues and friends, this holiday season is marked by uncertainty and fear.

These are the “dreamers” — children of undocumented immigrants who are working, in countless ways, to make the United States stronger. Unless Congress acts, this holiday season might be the last one the dreamers get to spend in the country they love and call home.

We must do better. The United States is at its best when all people are free to pursue their dreams. Our country has enjoyed unparalleled success by welcoming people from around the world who seek to make a better life for themselves and their families, no matter what their backgrounds. It is our differences that help us to learn from each other, to challenge our old ways of thinking and to discover innovative solutions that benefit us all. To advance that prosperity and build an even stronger future, each successive generation — including, today, our own — must show the courage to embrace that diversity and to do what is right.

We have no illusions about how difficult it can be to get things done in Washington, and we know that people of good faith disagree about aspects of immigration policy. If ever there were an occasion to come together to help people improve their lives, this is it. By acting now to ensure that dreamers can realize their potential by continuing to contribute to our country, Congress can reaffirm this essential American ideal.

This is a political, economic and moral imperative. The sooner Congress resolves this situation — on a permanent basis — the sooner dreamers can seize the opportunity to plan their lives and develop their talents.

This extraordinary set of circumstances has brought the two of us together as co-authors. We are business leaders who sometimes differ on the issues of the day. Yet, on a question as straightforward as this one, we are firmly aligned.

As a matter of both policy and principle, we strongly agree that Congress must act before the end of the year to bring certainty and security to the lives of dreamers. Delay is not an option. Too many people’s futures hang in the balance.

Both of our companies are fortunate to have dreamers on our teams. We know from experience that the success of our businesses depends on having employees with diverse backgrounds and perspectives. It fuels creativity, broadens knowledge and helps drive innovation. For our nation to maximize progress and prosperity, we need more, not fewer, talented people at the table.

Another foundation of our country’s success is our consistent and equal application of the law. In a free nation, individuals must be able to trust that when our government makes a promise, it is kept. Having laws that are reliable is what gives people the confidence to plan their futures and to invest in their businesses, their communities and themselves.

The United States should not hold hard-working, patriotic people hostage to the debate over immigration — or, worse, expel them because we have yet to resolve a complex national argument. Most Americans agree. In fact, more than 8 in 10 Americans support a straightforward solution to allow dreamers to stay.

No society can truly flourish when a significant portion of its people feel threatened or unable to fulfill their potential. Nor can it prosper by excluding those who want to make positive contributions. This isn’t just a noble principle; it’s a basic fact, borne out through our national history.

Dreamers are doing their part. They have shown great faith in the United States by coming forward, subjecting themselves to background checks, and submitting personal and biometric data.

Now, the rest of us need to do our part. Congress should act quickly, ideally before year’s end, to ensure that these decent people can work and stay and dream in the United States. As a nation, we must show that the dreamers’ faith in our word and goodwill was not misplaced. And we should make clear that the United States welcomes their contributions as part of our national life.

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

I agree with every word.

My only question: Why are Ol’ Charlie and his bro David (the “Koch Bros”) bankrolling a GOP that has been taken over by repulsive, dishonest, backward looking, fundamentally dumb, anti-American guys like Trump, Sessions, Bannon, Miller and their racist, White Nationalist, xenophobic, homophobic, religiously intolerant, exclusionary agenda of hate, fear, and loathing, which if followed to its logical conclusion, would destroy America and quite possibly the world?

Even though the Koch Bros are White, many of the employees they depend on to maintain their billionaire status aren’t White, Christian, straight, or U.S. citizens. They have no place in the Trump GOP’s vision of America. Trump and his band wouldn’t exempt the Koch Bros from their planned Armageddon just because of their Whiteness or past services to the party.

So, why keep supporting these heinous individuals and their anti-American agenda? The only reason we have this problem is because a minority of voters with incredibly poor judgement and total disregard for the common good, in an intentionally gerrymandered America, voted for the absurdly unqualified Trump rather than the clearly more qualified candidate. And, if the Kochs had supported Clinton, America would be closer to the place that Charlie Koch and Tim Cook describe in their article. Indeed, the whole costly, divisive, and totally unnecessary self-created “Dreamer Disaster” need never have occurred. What do you expect when you enable a racist xenophobe like Jeff Sessions (who doesn’t know much, if any, law either) to serve as our Attorney General?

At some point, decent folks (and, I’d be willing to admit the Kochs into that company even if I don’t agree with them on most things) who believe in America have to either 1) support Democrats, or 2) form an honest Third Party that excludes the White Nationalist haters. Today’s GOP is not that party.

Realizing that I actually have a fundamental area of agreement with the Koch Bros makes their overall conduct all the more inexplicable.

PWS

12-14-17

THIRD WORLD AMERICA! – THE ATTACK OF THE SWAMP RATS! — Under Trump’s GOP, Americans Now Correctly View White House As The Most Corrupt Institution — But, Who Are The Fools Who Voted These Immoral Jokers Into Control?

https://www.washingtonpost.com/news/josh-rogin/wp/2017/12/12/report-americans-view-trump-white-house-as-the-most-corrupt-government-institution/

Josh Rogin reports in the Washington Post:

“Almost half of Americans believe that corruption is pervasive in the White House under President Trump, a sharp increase over last year, according to a new survey. Americans now see Trump and his top officials as the most corrupt public officials in government, despite his campaign pledge to drain the swamp.

A new report out Tuesday compiled by Transparency International, the leading nonprofit organization tracking corruption worldwide, shows Americans have significantly lost faith that their government is ably fighting corruption, compared to last year. Overall, Washington-based government institutions are viewed by Americans are more corrupt than those outside the Beltway, the report found. But the Trump White House tops the list.

According to the group’s 2017 U.S. Corruption Barometer, 44 percent of respondents said that most or all of the officials in the office of the president are corrupt, up from 38 percent at the end of Obama’s second term.

Members of Congress are seen as the second most corrupt group of government officials of the nine categories in the survey, with 38 percent of Americans viewing them as mostly or all corrupt. After that, Americans perceive corruption as pervasive in non-White House government officials, business executives, local officials and business leaders in decreasing proportions. Only 16 percent of respondents viewed judges and magistrates as mostly or all corrupt, according to the data.

Meanwhile, 69 percent of respondents said the U.S. government is fighting corruption “fairly badly” or “very badly,” up from 51 percent in 2016. More than half of respondents said people don’t report corruption due to fear of retaliation.

Transparency International defines corruption as “the abuse of entrusted power for private gain.” Key issues within that definition include the influence of wealthy individuals over government, “pay for play” politics, revolving doors between government and corporate entities and the abuse of the financial system by elites.

The perception of Trump and his top officials as being corrupt is easy to understand. Trump and his family have scores of well-documented conflicts of interest they have dealt with in an opaque manner. Meanwhile, Trump’s failure to divest fully from his businesses, combined with his failure to release his tax returns, has fueled suspicions.

The phone survey, performed by the company Efficience3, included interviews of 1,005 randomly selected Americans in October and November. The data were weighted to be demographically representative of all American adults by age, race, gender, urbanization, social grade and ethnicity.

Zoe Reiter, Transparency International’s U.S. representative, said that the study was meant to form a basis for understanding how government is failing to uphold high anti-corruption standards and provide a call to action for Americans to respond. She pointed out that 74 percent of respondents said they believed ordinary people still can make a difference.

“The good news is a majority of Americans feel empowered to fight corruption,” she said. “Since our elected officials are failing to deliver, we need to figure out a way to push them much harder to take these issues more seriously.”

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

Read the rest of the article at the link.

There is some disconnect here, because some of the folks who now are concerned about corruption voted for Trump and the GOP, despite more than ample public evidence of his endemic dishonesty, congenital lying, incompetence, and general immorality. Garbage in — garbage out!

But, the answer to the problem is still pretty obvious:

  • Vote Trump and his corrupt cronies out of office;
  • Dismantle the current version of the GOP, which has become an “aider and abettor” of corruption, greed, immorality, and bad government.

Yes, we could and should have a viable two-party system. But, no major party should include horrible immoral individuals like Donald Trump, “Ayatollah Roy,” Steve King, Stephen Miller, or Steve Bannon whose views are deeply Anti-American and threatening to our continued existence as a nation and to the entire free world!

PWS

12-12-17

 

EXPOSED! — AILA’S JOHNSON SHOWS HOW “GONZO” INTENTIONALLY MISUSES DATA TO CREATE A FALSE ANTI-ASYLUM, ANTI-LAWYER NARRATIVE TO CONCEAL THE REAL GLARING PROBLEM DRIVING US IMMIGRATION COURT BACKLOGS — AIMLESS DOCKET RESHUFFLING (“ADR”) DRIVEN BY POLITICOS ATTEMPTING TO STACK THE COURT SYSTEM AGAINST DUE PROCESS AND TILT IT IN FAVOR OF DHS/ADMINISTRATION ENFORCEMENT INITIATIVES!!!!!!! — SURPRISE — By Far The Biggest Increase In Continuances Comes From DHS & EOIR Itself!

http://www.aila.org/advo-media/press-releases/2017/ag-sessions-cites-flawed-facts-imm-court-system

From AILA Executive Director Ben Johnson:

“Once again, the Attorney General cites flawed facts to castigate the immigration bar for the significant case backlog and inefficiencies in our immigration court system,” said Benjamin Johnson, AILA Executive Director. “He blames immigration attorneys for seeking case continuances, disregarding the fact that continuances are also routinely requested by counsel for the government, or are issued unilaterally by the court for administrative reasons. In fact, although the report cited by the Attorney General indicates an 18% increase in continuances requested by respondents, that same report found a 54% increase in continuances requested by the Department of Homeland Security (DHS), and a 33% increase in ‘Operational-related’ continuances. That said, continuances are often a necessary means to ensure due process is afforded in removal proceedings. The number one reason a continuance is requested by a respondent is to find counsel. Other reasons include securing and authenticating documentary evidence from foreign countries, or to locating critical witnesses. And when the government refuses to share information from a client’s immigration file and instead makes them go through the lengthy process of a Freedom of Information/Privacy Act request, a continuance is often a client’s only lifeline to justice. For the AG to blame immigration lawyers for imagined trespasses is both malicious and wrong. We will not let that misinformation pass without setting the record straight.

“The immigration court backlog is a function of years and years of government spending on enforcement without a commensurate investment in court resources. Our nation would be better served if the immigration courts were an independent judiciary, free from the auspices of the Department of Justice, where every immigrant has access to counsel. Immigration court is not small claims court or traffic court; each decision has the potential to tear apart families or keep them together, to destroy businesses or build our economy, to send someone back to certain death, or bring hope for a new and better life. Immigration judges should make those decisions with all information at hand, without any undue influence or arbitrary case completion requirements. That is a goal we can all work toward.”

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

Sure matches my observations from the latter part of my career at the U.S. immigration Court in Arlington, VA!

Probably 75% of the cases on my “Non-Detained Docket” were there NOT at the request of a respondent or his or her attorney. No, they were “mass transferred and continued” to my docket unilaterally by EOIR to fulfill “Border Priorities” established by the DOJ during the Obama Administration as an adjunct to changing DHS Enforcement priorities.

And, these weren’t “short continuances” to find a lawyer or prepare an application as might be requested by a respondent or a private bar lawyer. NO, these were “Merits Hearing” cases that had often been set for late 2016 or 2017 hearings before one of my colleagues, only to be “continued” by EOIR to my docket for dates many additional years in the future. Indeed, many of these cases were unilaterally removed by EOIR from “Individual Dockets” and “orbited” to my “Master Calendars” (arraignments) years in the future — indeed years after I would be retired. That’s because my docket was already completely full for several years when this chapter of ADR started.

And the same was true for my colleague Judge Lawrence O. Burman. Indeed, at the time I retired, Judge Burman and I were the ONLY judges hearing “nonpriority, non-detained cases” — even though those cases were BY FAR the majority of cases on the Arlington Court Docket. And, to make things worse, my “replacement” retired at the end of 2016 thus resulting in a whole new “round” of ADR. 

Talk about ADR driven by incompetent administration and improper political meddling from the DOJ. And, from everything “Gonzo” has said and I have heard about what’s happening at EOIR, such impropriety has become “normalized” under the Trump Administration.

No court system can run efficiently and fairly when the perceived interests of one of the parties are elevated over fairness, Due Process, equal justice, and reaching correct decisions under the law. No court system can run efficiently and fairly when control over day-to-day dockets is stripped from the local US Immigration Judges and Court Administrators and hijacked by officials in Washington and Falls Church driven by political performance objectives  not by practical knowledge and day-to-day considerations of how to construct and run a docket for maximum fairness and efficiency under local conditions (the most important of which is the an adequate number of pro bono lawyers to represent respondents).

NO OTHER MAJOR COURT SYSTEM IN AMERICA OPERATES THE WAY EOIR DOES! THAT SHOULD TELL US SOMETHING!

So, why is “Gonzo Apocalypto” being allowed to get away with misrepresenting the facts and intentionally running the Immigration Court system for the perceived benefit of one of the parties and against the interests of the other? There is a simple term for such conduct: Ethical Misconduct. Usually, it results in the loss or suspension of the offender’s license to practice law. Why is Gonzo above accountability?

PWS

12-12-17

PREVENTABLE HUMAN DISASTER: THE WANTON CRUELTY, WASTEFULNESS, & TOTAL STUPIDITY OF THE TRUMP/SESSIONS “GONZO” IMMIGRATION ENFORCEMENT PROGRAM PORTRAYED IN GRAPHIC HUMAN TERMS — The Damage To America Of Mistreating Our Families & Our Citizen Youth Will Long Outlive The Misguided Officials Carrying It Out!

https://www.washingtonpost.com/classic-apps/deported-divided-how-a-moms-return-to-el-salvador-tore-her-family-in-two/2017/12/08/70f81724-9a37-11e7-87fc-c3f7ee4035c9_story.html

Maria Sacchetti reports in the Washington Post:

Bermudez works all the time, so Cruz Mendez cares for Steve from afar. She calls the babysitter after school to make sure he arrived safely. She checks on his health insurance and his dental appointments.

Steve no longer asks when the family will be together.

In Falls Church, Cruz Mendez was an independent woman with a salary and dreams for the future. Now she sits inside the little gray house. Bermudez cannot afford to send her money for college, so she has set those plans aside.

Over the phone, he urges her to have faith that they will be together again.

She still wears her wedding ring, and he still wears his.

 

Bermudez works all the time, so Cruz Mendez cares for Steve from afar. She calls the babysitter after school to make sure he arrived safely. She checks on his health insurance and his dental appointments.

Steve no longer asks when the family will be together.

In Falls Church, Cruz Mendez was an independent woman with a salary and dreams for the future. Now she sits inside the little gray house. Bermudez cannot afford to send her money for college, so she has set those plans aside.

Over the phone, he urges her to have faith that they will be together again.

She still wears her wedding ring, and he still wears his.

Bermudez works all the time, so Cruz Mendez cares for Steve from afar. She calls the babysitter after school to make sure he arrived safely. She checks on his health insurance and his dental appointments.

Steve no longer asks when the family will be together.

In Falls Church, Cruz Mendez was an independent woman with a salary and dreams for the future. Now she sits inside the little gray house. Bermudez cannot afford to send her money for college, so she has set those plans aside.

Over the phone, he urges her to have faith that they will be together again.

She still wears her wedding ring, and he still wears his.

Maria Sacchetti reports in the Washington Post:

“Cruz Mendez, 30, made this trip in reverse when she was 18 years old, skipping her high school graduation to flee a neighborhood man who had harassed her in San Salvador. She was detained at the U.S.-Mexico border, released and allowed to join her brother in Virginia. Two months later, an immigration judge in Texas ordered her deported. Cruz Mendez says she never knew about the hearing.

In Fairfax, she was crowned beauty queen at a local Salvadoran festival and met Rene Bermudez, a hazel-eyed laborer who worked construction.

Steve was born in 2007, Danyca in 2012.

Late in 2013, police stopped Cruz Mendez for failing to turn on the lights on her minivan and charged her with driving without a license, an arrest that alerted federal agents to her old deportation order.

While President Barack Obama deported high numbers of undocumented immigrants during parts of his tenure, parents of American citizens with little to no criminal record were not priorities for expulsion. So officials released Cruz Mendez with orders to stay out of trouble and check in with them once a year.

But under President Trump, who campaigned on a promise to crack down on illegal immigration, anyone here without papers can be expelled.

Interior deportations — of people already living in the United States, as opposed to those caught crossing the border — have risen 37 percent since Trump took office. Deportation arrests of non-criminals such as Cruz Mendez — many, like her, with children who were born in this country and are U.S. citizens — surged past 31,000 from inauguration to the end of September, triple the same period last year.

On the May morning when she was scheduled for her yearly check-in, Cruz Mendez lingered in the apartment, which she’d decorated with family photographs, Danyca’s art projects and Steve’s citizen-of-the-month award from elementary school.

She considered the possibility of skipping the check-in, aware of other longtime immigrants who had been deported after similar appointments. But she could not fathom life as a fugitive. Worried, Bermudez warned her that she was going to be late.

“Why are you trying to turn me over so fast?” Cruz Mendez snapped in Spanish.

She eventually walked into the immigration agency’s Fairfax office, accompanied by advocates and loved ones. Agents took her into custody as her supporters shouted.

For a month, her husband and lawyers fought to free her. Steve tried, too, writing letters to Immigration and Customs Enforcement that were full of pleas and questions.

“Plz don’t deport my mom,” one of the letters said.

Who will take me to the doctor, the dentist? Who will take care of me and my sister? Who will I live with?

It didn’t work. On June 14, they sent her back. Bermudez and the kids filled a giant cardboard box with her dresses and shoes, pots and pans, and placed it by the front door, waiting for a courier to take it away.

Steve Bermudez, 10, wrote immigration officials in May to ask them not to deport his mother. For a month, Cruz Mendez’s husband and lawyers fought to free her and stop the deportation. (Sarah L. Voisin/The Washington Post)

Steve looks out the window of the bedroom he used in his mother’s childhood home in El Salvador. The sign advertises fruit and vegetables his family sells. (Sarah L. Voisin/The Washington Post)
‘How can I go?’
Deportations can shatter a family or a marriage. In one study of the aftermath of six immigration raids, family income dropped an average of 70 percent. Another study, of U.S.-born Latino children, found that those whose parents had been detained or deported experienced significantly higher post-traumatic stress disorder symptoms than their peers.

“That child’s more likely to be poor. They’re more likely to be depend on public benefits,” said Randy Capps, U.S. research director for the Migration Policy Institute. “And then psychologically, you just don’t know. There could be an immediate impact; it could be a long time before that psychological impact shows up.”

In the Falls Church apartment, Steve and Danyca cried all the time after Cruz Mendez was deported. No one wanted to eat.

. . . .

Bermudez works all the time, so Cruz Mendez cares for Steve from afar. She calls the babysitter after school to make sure he arrived safely. She checks on his health insurance and his dental appointments.

Steve no longer asks when the family will be together.

In Falls Church, Cruz Mendez was an independent woman with a salary and dreams for the future. Now she sits inside the little gray house. Bermudez cannot afford to send her money for college, so she has set those plans aside.

Over the phone, he urges her to have faith that they will be together again.

She still wears her wedding ring, and he still wears his.“

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

Read Maria’s entire story of this grotesque failure of responsible government, common sense, and human decency at the link!

THE GHOST OF CHRISTMAS FUTURE

What kind of country abuses its youth  — our hope for the future —  this way? What kind of county wastes its human capital and potential in this manner? What kind of country empowers leaders who are intentionally cruel, immoral, dishonest, and stupid? What kind of country intentionally turns valued friends and positive contributors into potential disgruntled enemies?

This is the way that a once great nation transforms itself into an “overstuffed banana republic!”

But, it’s not yet too late to change the grim vision of “Christmas Future” being promoted by Trump, Sessions, Kelly, Homan, Bannon, Miller, and their cronies. We can resist the horrible policies of the Trump Administration in the courts of law and the courts of public opinion! Ultimately, totally unqualified officials like Trump, Sessions, and their White Nationalist cronies — who are plotting the end of America as we know it — can be defeated at the ballot box and removed from office.

But, there will come a “point of no return” when the damage done by these corrupt individuals and their enablers (both willing and unwitting) cannot be undone! Are we as smart, human, and capable of leaving behind selfishness and embracing decency and human kindness as Ebineezer Scrooge? Or will the Ghost prove to be the Prophet in this version of the Christmas Carol?

PWS

12-09-17

BATTLE OF THE PUNDITS: RAPPAPORT V. LITHWICK – NOLAN SAYS “If the Supreme Court allows the courts to continue to do this to Trump, they will interfere with any national security decision he makes that impacts a country with a large Muslim population, regardless of the circumstances.” – DAHLIA SAYS “Thousands of people will be harmed for no reason other than Donald Trump dislikes Muslim countries and crafted a nearly legal theory to achieve his ban after two abject failures.” – YOU DECIDE!

http://thehill.com/opinion/immigration/363473-with-travel-ban-scotus-can-correct-lower-courts-anti-trump-bias

Nolan writes in The Hill:

“According to Eric Posner, a professor at the University of Chicago Law School, the lower U.S. courts have created a “Trump exception” to settled law on presidential powers with their travel ban decisions. They have ignored the Supreme Court’s admonition that courts may not “look behind” a “facially legitimate” reason for an executive order, which in these cases was a national security interest in stricter vetting.

Trump appealed to the Supreme Court, but his case became moot when he replaced the temporary travel ban with a permanent program with the Presidential Proclamation he issued on September 24, 2017, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.”

When fourth and ninth circuit courts enjoined implementation of his proclamation, he went back to the Supreme Court. On December 4, 2017, the Court ordered stays of the fourth circuit and the ninth circuit injunctions.

The Court did not state its basis for granting Trump’s stay request in either decision, but stays are not granted for meritless cases. I expect Trump to prevail on the merits of his case.

. . . .

He [Judge Derick Watson of the USDC in Hawaii] goes on to say that nevertheless “any reasonable, objective observer would conclude … that the stated secular purpose of the Executive Order is, at the very least, ‘secondary to a religious objective’ of temporarily suspending the entry of Muslims.” This “assessment rests on the specific historical record,” which “focuses on the president’s statements about a ‘Muslim ban,’” including on the campaign trail.

If the Supreme Court allows the courts to continue to do this to Trump, they will interfere with any national security decision he makes that impacts a country with a large Muslim population, regardless of the circumstances.”

Go on over to The Hill at the link to read Nolan’s complete article! I note that Nolan’s article is also posted on SCOTUSDaily. Here’s the link:

SCOTUSDaily pdf

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

https://slate.com/news-and-politics/2017/12/the-new-travel-is-an-abomination-why-have-we-stopped-caring.html

Meanwhile, Dahlia Lithwick writes in Slate:

“Way, way back in February, a three-judge panel of the United States Court of Appeals for the 9th Circuit heard oral arguments in State of Washington v. Trump, the first iteration of the first appeal of the first attempt at Donald Trump’s travel ban. This version was a hastily executed implementation of the president’s promise to create a Muslim ban, signed on Jan. 27, just a week after Trump took office.

America was riveted, listening eagerly to arguments broadcast without images and parsing—or trying to parse—complicated appellate questions about standing, and justiciability, and religious animus. As the court ultimately found—before this first version was pulled from commission and replaced with a new one—Trump’s ban trampled over all sorts of due process rights.

Almost a year later, a different panel of the 9th Circuit heard on Wednesday a different oral argument, about a third iteration of a Trump executive order limiting immigration from some majority-Muslim countries. This one, though, was offered without the glare of national media and by seemingly worn-out advocates. More than anything, the argument was reminiscent of one of those old-timey dance marathons, in which weary partners pushed one another around a high school gymnasium in the futile hope that anything might still matter.

Wednesday’s effort made the second argument about the very same issuesfrom May seem positively zippy (May? Remember May??). But here we are in December, and the travel ban has been sanitized and then sanitized again. The current version, announced in September, targets 150 million travelers from Muslim-majority countries Chad, Iran, Libya, Somalia, Syria, and Yemen, as well as the non–Muslim majority outlier North Korea along with some Venezuelan government officials. It was promptly blocked by judges before it went into effect, and on Monday the Supreme Court allowed it to go forward for the time being, warning the appeals courts that they had better rule quickly.So here in December, it is now being defended by seemingly competent counsel, despite the fact that—if one noticed such things anymore—the president was tweeting Muslim revenge porn only a week ago.

. . . .

We should all possibly care about travel ban 3.0 and its cretinous defenders a whole lot more than we apparently do, simply because it’s permanent, it’s nearly as bad as the original, and the Supreme Court appears inclined to tolerate it. Thousands of people will be harmed for no reason other than Donald Trump dislikes Muslim countries and crafted a nearly legal theory to achieve his ban after two abject failures.

A fortiori, for the record, means an argument made with greater reason or more convincing force. Who knew that something so grotesquely cynical and cruel as this travel ban could become a fortiori, just from sheer wariness, repetition, and fatigue?”

Read the rest of Dahlia’s article over at Slate at the above link.

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

Clearly, “different strokes for different folks!” But, we all have a stake in this one way or the other!

Interestingly, Nolan and Dahlia appear to agree on one thing: the Supremes (or at least a majority of them, excluding Justices Sotomayor and Ginsburg who dissented from the dissolution of the stay) have signaled that they are ready to “greenlight” Trump’s “Travel Ban 3.0.” In other words, if Trump is exceeding “political and societal norms” (which many of us think he is) ultimately it will be up to the political branches of Government and the voters, not the courts, to rein him in.

PWS

12-07-17

VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!

https://www.washingtonpost.com/world/national-security/arrests-along-mexico-border-drop-sharply-under-trump-new-statistics-show/2017/12/05/743c6b54-d9c7-11e7-b859-fb0995360725_story.html

Nick Miroff reports in the Washington Post:

“The number of people caught trying to sneak over the border from Mexico has fallen to the lowest level in 46 years, according to Department of Homeland Security statistics released Tuesday that offer the first comprehensive look at how immigration enforcement is changing under the Trump administration.

During the government’s 2017 fiscal year, which ended Sept. 30, U.S. border agents made 310,531 arrests, a decline of 24 percent from the previous year and the fewest overall since 1971.

The figures show a sharp drop in apprehensions immediately after President Trump’s election win, possibly reflecting the deterrent effect of his rhetoric on would-be border crossers; starting in May, the number of people taken into custody began increasing again.

Arrests of foreigners living illegally in the United States have surged under Trump. Immigration and Customs Enforcement officers made 110,568 such arrests between inauguration and the end of September, according to the figures published Tuesday, a 42 percent increase over the same period during the previous year.

Tom Homan, ICE’s temporary director and Trump’s nominee to lead the agency, praised the president and gave a vigorous defense of ICE’s more aggressive approach.

“This president, like him or love him, is doing the right thing,” Homan told reporters at a news conference in Washington, accompanied by the heads of the U.S. Border Patrol and Citizenship and Immigration Services.

“A 45-year low in border crossings? That’s not a coincidence,” Homan said. “That’s based on this president and his belief and letting the men and women of ICE and the Border Patrol do their job.”

[How Trump is building a border wall no one can see]

Trump’s sweeping promises to crack down on illegal immigration fueled his presidential campaign and are at the center of his most ambitious domestic policy proposals, including construction of a wall along the border with Mexico.

Asked whether such a barrier was justifiable given its high cost and the decline in illegal immigration, DHS officials endorsed the president’s plan.

“In this society, we use walls and fences to protect things. It shouldn’t be different on the border,” said Ronald Vitiello, chief of the Border Patrol.

Apprehensions by Border Patrol agents peaked at more than 1.6 million in 2000 and began falling substantially after 2008. The previous low point was 331,333 arrests, during fiscal 2015. Experts have attributed the decline to tougher U.S. enforcement, improving job prospects in Mexico and long-term demographic changes that have driven down the country’s birthrate.

3:32
On the U.S.-Mexico border, Trump supporters wait for th
Still, the drop in border arrests is among the sharpest year-to-year changes on record, one that only casts more doubt on the wisdom of building a border wall, said Doris Meissner, senior fellow at the Migration Policy Institute, a Washington think tank.

“It’s a throwback response to yesterday’s problems,” she said, arguing that the money would be better spent addressing what accounts for a growing share of illegal migration: families with children fleeing rampant violence and dismal poverty in Central America.

Border agents took more than 75,000 “family units,” classified as at least one child and a related adult, into custody during fiscal 2017. But the number of unaccompanied minors fell 31 percent, to 41,435.”

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

Read the complete article at the link.

This has to be what true greatness looks like! Imagine a world without those pesky undocumented workers to support our economy, our society, and our “American” way of life! That’s making America Great Again!

I’m sure future generations will be inspired by Homan’s humanity and wisdom as they pick produce or pound shingles in 100 degree heat, clean toilets, empty urine bags for the elderly and handicapped, clean tables, wash dishes, limb trees, shuck oysters, schlep concrete blocks, dig ditches, and, horror of horrors, take care of their own children while working full-time. Man, that’s going to be “America the Great” just as Trump, Sessions, Bannon, Miller, Homan, and others envision it!

And, the best part: we won’t have to worry about any of that burdensome, nasty “globalism” and the unfair burden of global leadership! That’s because the Chinese, Indians, Canadians, Mexicans, and Europeans will be in charge of the world economy and the Ruskies will control world politics. So we can enjoy our little White Nationalist enclave modeled on post-revolutionary Cuba — life in the 1950’s preserved forever! Save those “Classic ’57 Chevies!”

Kinda sorry I won’t be here to enjoy it! But, then again, I already lived through the real 1950’s once — Cold War, Jim Crow, segregation, anti-semitism, racial covenants, no women doctors, lawyers, or execs, African Americans only welcome on the football fields and basketball courts of a few Northern colleges! Boy, it was great! But, not sure I want  to do it again, even to experience the pure, unadulterated joy of having “my Milwaukee Braves” win the 1957 World Series (before fleeing to Atlanta)!

On the flip side, at Homan’s “record pace” of “law enforcement,” he and his minions will have every single undocumented American resident removed from the U.S by 2080 — that’s if no more arrive in the interim. And, the really great thing — they and those around them (including U.S. citizen kids and family members) will be living in fear every moment for the next six decades! Now, that’s something of which we can be truly proud! Of course, this all assumes that the North Koreans don’t nuke us and the rest of the world out of existence first!

PWS

12-06-17

 

ICE’S “IN YOUR FACE” COURTHOUSE ARREST POLICY ERODES OUR CONSTITUTOINAL SYSTEM OF JUSTICE!

https://www.nytimes.com/2017/11/26/opinion/immigration-ice-courthouse-trump.html?em_pos=large&emc=edit_ty_20171127&nl=opinion-today&nlid=79213886&ref=headline&te=1&_r=0

PROFESSOR CÉSAR CUAUHTÉMOC GARCÍA HERNÁNDEZ writes in the NY Times:

“At the door of the Lindsey-Flanigan Courthouse in Denver one Friday in April, federal Immigration and Customs Enforcement agents tackled a man to the ground. A chilling video shows the man — who, according to his lawyer, was there to deal with a traffic ticket — yelling “No!” “My hand!” and “Why?” in Spanish. Sheriff’s deputies order passers-by to stand back, and the violent arrest continues.

The next month, ICE agents returned and arrested another man. His lawyer can be heard in a video of the incident asking the agents if they had a warrant. One responds, “Yes, sir.” The lawyer asks, “Can I see it?”

The agent’s response: “No, sir.”

Both men, according to their lawyers, were taken to immigration detention centers.

This type of arrest is on the rise. Lawyers and judges in Arizona, California, Colorado, Connecticut, New Jersey, New York, Oregon, Texas and Washington all reported in the first year of the Trump administration that immigration officials were breaking with tradition to descend upon their courthouses. Such arrests in New York have increased by 900 percent in 2017, according to the Immigrant Defense Project.

This is a deeply worrisome trend because arrests at courthouses don’t just derail the lives of the unsuspecting people who are detained, they threaten the very operation of our judicial system. Such arrests scare people away from the courts, keeping them, for example, from testifying at trials or seeking orders of protection. By using this tactic, the nation’s lead immigration law enforcement agency is undermining a pillar of our democracy.

. . . .

Courthouses have a special place in American society. It’s only in a court of law that we can be confident that disputes will be mediated deliberately, and according to a set of rules intended to ensure justice for all parties. As the Supreme Court declared in 1907: “The right to sue and defend in the courts is the alternative of force. In an organized society it is the right conservative of all other rights, and lies at the foundation of orderly government.”

The pursuit of justice depends on getting the parties in the same room. That’s why courts have the power to drag in unwilling participants with subpoenas. They can compel witnesses to testify or risk contempt charges. Courts rely on their hard-earned legitimacy as the rightful locations for resolution of disagreements.

Courthouse arrests by ICE deter not only undocumented immigrants but also people who are here legally but are nervous that they might have somehow compromised their status (or that an officer will think they have). That’s a nuance that is next to impossible for the average person to discern, and those complicated legal questions are exactly what immigration judges spend a lot of energy trying to answer.

. . . .

The harm this causes is bigger than the people whom ICE arrests. United States citizens are not immune to the impact of ICE activity in courthouses. All of us — including those of us who could easily prove our immigration status — depend on courts to do their job, and all of us suffer if the fear of ICE keeps people away.

ICE understands its actions can paralyze important institutions. Longstanding ICE policy discourages questioning or arresting people in schools and churches. It is time to add courthouses to that list. But top administration officials have vigorously defended courthouse arrests.

With no change to federal policy in sight, it is up to cities and states to push back. Elected officials must take seriously their legal obligation to keep courthouses accessible. In addition, the cities and states that own and operate most courthouses and ensure that no one uses their courts in a way that halts judicial business — protesters can’t block the doorway, bail bondsmen aren’t allowed to set up shop in the lobby — should do the same here for immigration agents.

ICE should no longer get free rein to tackle, handcuff and haul away immigrants, sending a message to others that they should think twice before trusting in the courts.

 

GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!

https://www.washingtonpost.com/world/national-security/while-eyes-are-on-russia-sessions-dramatically-reshapes-the-justice-department/2017/11/24/dd52d66a-b8dd-11e7-9e58-e6288544af98_story.html?utm_term=.6b27aa9221e3

“For more than five hours, Attorney General Jeff Sessions sat in a hearing room on Capitol Hill this month, fending off inquiries on Washington’s two favorite topics: President Trump and Russia.

But legislators spent little time asking Sessions about the dramatic and controversial changes in policy he has made since taking over the top law enforcement job in the United States nine months ago.

From his crackdown on illegal immigration to his reversal of Obama administration policies on criminal justice and policing, Sessions is methodically reshaping the Justice Department to reflect his nationalist ideology and hard-line views — moves drawing comparatively less public scrutiny than the ongoing investigations into whether the Trump campaign coordinated with the Kremlin.

Sessions has implemented a new charging and sentencing policy that calls for prosecutors to pursue the most serious charges possible, even if that might mean minority defendants face stiff, mandatory minimum penalties. He has defended the president’s travel ban and tried to strip funding from cities with policies he considers too friendly toward undocumented immigrants.

Attorney General Jeff Sessions during a House Judiciary Committee hearing on Nov. 14. (Alex Brandon/AP)

Sessions has even adjusted the department’s legal stances in cases involving voting rights and lesbian, gay, bisexual and transgender issues in a way that advocates warn might disenfranchise poor minorities and give certain religious people a license to discriminate.

Supporters and critics say the attorney general has been among the most effective of the Cabinet secretaries — implementing Trump’s conservative policy agenda even as the president publicly and privately toys with firing him over his decision to recuse himself from the Russia case.

. . . .

In meetings with top Justice Department officials about terrorist suspects, Sessions often has a particular question: Where is the person from? When officials tell him a suspect was born and lives in the United States, he typically has a follow-up: To what country does his family trace its lineage?

While there are reasons to want to know that information, some officials familiar with the inquiries said the questions struck them as revealing that Sessions harbors an innate suspicion about people from certain ethnic and religious backgrounds.

Sarah Isgur Flores, a Justice Department spokeswoman, said in a statement, “The Attorney General asks lots of relevant questions in these classified briefings.”

Sessions, unlike past attorneys general, has been especially aggressive on immigration. He served as the public face of the administration’s rolling back of a program that granted a reprieve from deportation to people who had come here without documentation as children, and he directed federal prosecutors to make illegal-immigration cases a higher priority. The attorney general has long held the view that the United States should even reduce the number of those immigrating here legally.

In an interview with Breitbart News in 2015, then-Sen. Sessions (R-Ala.) spoke favorably of a 1924 law that excluded all immigrants from Asia and set strict caps on others.

“When the numbers reached about this high in 1924, the president and Congress changed the policy and it slowed down immigration significantly,” Sessions said. “We then assimilated through 1965 and created really the solid middle class of America, with assimilated immigrants, and it was good for America.”

Vanita Gupta, the head of the Justice Department’s civil rights division in the Obama administration who now works as chief executive of the Leadership Conference on Civil and Human Rights, said Sessions seems to harbor an “unwillingness to recognize the history of this country is rooted in immigration.”

“On issue after issue, it’s very easy to see what his worldview is of what this country is and who belongs in this country,” she said, adding that his view is “distinctly anti-immigrant.”

Those on the other side of the aisle, however, say they welcome the changes Sessions has made at the Justice Department.

Jessica Vaughan, director of policy studies for the Center for Immigration Studies, which advocates for moderating levels of immigration, said she would give the attorney general an “A-plus” for his work in the area, especially for his crackdown on “sanctuary cities,” his push to hire more immigration judges and his focus on the MS-13 gang.

“He was able to hit the ground running because he has so much expertise already in immigration enforcement and related public safety issues and the constitutional issues, so he’s accomplished a lot in a very short time,” Vaughan said.”

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Read the compete article, which deals with much more than immigration, at the link.

Immigrants, refugees, immigration advocates, and career civil servants involved in immigration at the DOJ seems to be “star-crossed.” After decades of relative indifference to the importance of immigration, an Attorney General finally shows up  who makes it his highest priority.

Only problem is that he’s a committed xenophobe and White Nationalist whose largely false and exaggerated narrative on immigration comes right from the alt-right restrictionist playbook and harks back to the Jim Crow era of the American South — only this time with Hispanics and Muslims as the primary targets.

In any “normal” American business, obsession with tracing back lineage of someone’s family would be prima facie evidence of prohibited “national origins discrimination.” But, for Gonzo, it’s just another day at the office.

Notwithstanding his less than stellar performances before Congress and that he’s fallen off Trump’s “A-Team” (notwithstanding probably doing more to deconstruct the Constitution and “Good Government” than any other cabinet officer), he’s unlikely to be going anywhere soon. So the damage will continue to add up for the foreseeable future. It’s not like Senator Liz Warren and others didn’t try to warn America about this dude!

Meanwhile, perhaps not to be outdone, over at the U.S. State Department, Secretary of State Rex Tillerson is proceeding to deconstruct the Career Foreign Service and reduce the Stated Department and our Diplomatic Corps to “administrative roadkill.” You can read about that debacle in this NY Times article:

https://www.nytimes.com/2017/11/24/us/politics/state-department-tillerson.html

PWS

11-26-17

 

BANISHING THE BEST & THE BRIGHTEST: One Would-Be H-1B Nonimmigrant’s Tale Of How The Bureaucracy & America’s New Anti-Immigrant Attitude Sent Her Packing!

https://www.nytimes.com/2017/11/23/opinion/immigration-visa-h1b-trump-.html

Frida Yu writes in the NY Times:

“Six months ago I won the lottery — the H-1B visa processing lottery for skilled foreign workers. I called my thrilled parents and celebrated with friends. I’m from northeastern China and have an M.B.A. from Stanford, and was planning to stay in Silicon Valley to help start a company based on a promising new technology to improve the use of data. I was overjoyed because, historically, being selected in the lottery was a near guarantee that an applicant could remain in this country at least three more years.

But at the end of July, I received the dreaded Request for Further Evidence from immigration authorities. I provided the extra information that United States Citizenship and Immigration Services asked for. In September, I got another request. I complied again. Finally, on Oct. 11, half a year after my celebration, I learned I had been denied a visa.

After earning law degrees in China and at Oxford, after having worked in Hong Kong as a lawyer at a top international firm, after coming to United States three years ago for an M.B.A. and graduating and joining a start-up, I was given just 60 days to leave the country. I have 17 days left.

In the past, it was fairly safe to assume that once you were selected in the lottery, your H-1B petition would be accepted by immigration officials. In 2016, this happened about 87 percent of the time. But things began to change in April when the Department of Homeland Security and the Department of Justice announced measures to increase scrutiny of the highly skilled applicants who use the H-1B program, and President Trump signed an executive order calling for federal agencies to suggest reforms to the program.

While it’s unclear exactly what percentage of petitions have been approved so far in 2017, requests for evidence like the ones I received have increased by 44 percent compared with last year, according to immigration statistics, strongly suggesting that more people are being denied than before Mr. Trump took office.

Many of my fellow international students are in situations similar to mine. Some had job offers from companies like Google, Apple and PwC when they learned that their applications had been denied or did not even make it into the lottery. For those whose employers have only United States offices, losing the lottery meant losing jobs and going home, with no real way to use the skills they were on the verge of contributing to the American economy.

And some classmates who, like me, were picked in the H-1B lottery last spring are still waiting for an answer. The Trump administration on April 3 announced that it would suspend the “premium processing” service that, for a fee, guaranteed applicants responses to their petitions within 15 days. This has caused problems for students who needed a quick decision because their work authorization expired over the summer or because they wanted to plan overseas trips that they couldn’t make while their status was in limbo. My mom had surgery for cancer in July, but I simply couldn’t go back to China to be with her and risk being denied at the border upon my return because I didn’t have H-1B approval.

My two requests for evidence asked me to prove my job was a “specialty occupation” — that is, work that only someone with a bachelor’s degree or higher can do. My work involves artificial intelligence and big data, and my letters of support came from an authority in my industry and veteran start-up investor, and a Nobel Prize winner. But it wasn’t enough to convince the government that my job requires advanced skills.

While I gave up my law job and used my savings and my parents’ to pay my Stanford graduate school tuition, in the grand scheme of things, I know my situation is much better than that of many immigrants who are forced to leave this country: Just this week, thousands of Haitians in the United States learned that they may have to return to Haiti as a result of the administration’s decision to strip them of the Temporary Protected Status they were granted while their country recovered from disasters.

It’s true that I’m brokenhearted about missing the chance to return to China to care for my mother (she insisted that I stay and pursue the visa that was her dream for me), but I’m not looking for sympathy. As much as I hate to leave, I know I will be fine.

Rather, I’m frustrated, because I know I’m part of a pattern: America is losing many very skilled workers because of its anti-immigrant sentiment, and while this is a disappointing blow to me and my classmates, it will also be a blow to the United States’ competitiveness in the global economy. Tech giants such as Google and Tesla were founded by immigrants.

I can’t make sense of why an administration that claims to want this country to be strong would be so eager to get rid of us. We are losing our dreams, and America is losing the value we bring.

As I make plans to go back to China, I find myself wondering: If I am not qualified to stay in the United States, then who is?