"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
Marcia Coyle reports for the National Law Journal:
“The U.S. Justice Department’s request that the Supreme Court consider sanctions against lawyers who advocated for an immigrant teenager at the center of an abortion case has raised questions about the government’s motivation and threatened to jeopardize the reputation of the solicitor’s office before the justices. Former Justice Department attorneys called the government’s action in the Supreme Court “extraordinary” and said they had no memory of a similar Supreme Court petition.”
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You’ll need a full subscription to the NLJ to get beyond what I’ve quoted above. But, you get the idea.
And remember, you read first in some of my earlier blogs in immigrationcourtside.com about the DOJ’s and SG’s likely loss of years of hard earned respect and credibility by arguing the relatively “law free” politicized “Gonzo” positions forced on them by Sessions and the rest of the White Nationalist Trumpsters. Remember, the pro bono lawyers being smeared by Sessions’s DOJ were fighting to vindicate a migrant teenager‘s clear constitutional rights against an attempt by Government officials to substitute their own personal opinions for the constitutional rules and to misrepresent their true intentions (use delay and obfuscation tondefeat constitutional rights) in doing so. Sounds like it’s Sessions and his group whose law licenses should be re-examined.
The public and to some extent the media might have allowed the “Trump/Sessions Crowd” to “normalize” the presentation of lies, misrepresentations, intentional omissions, distortions, and political screeds as “facts” or “legal arguments.” But, most Article III Courts don’t like being played for fools, particularly by the USDOJ which traditionally has been expected to meet higher standards of integrity, fairness, and responsibility to accurately inform the tribunals before which they appear.
Ironically, although Gonzo tried to tag immigration lawyers fighting to preserve their clients’ statutory and constitutional rights as “dirty,” that tag is much more likely to stick to Gonzo and some of the ethically challenged DOJ lawyers doing his bidding. Not to mention that the DOJ is wasting the time of the Supremes with its basically frivolous request, intended largely as political grandstanding to satisfy Gonzo’s anti-abortion, anti-US Constitution political backers.
“So President Trump, Senate Majority Leader Mitch McConnell (Ky.) and fellow Republicans think Roy Moore, the GOP Senate nominee from Alabama, should quit his Senate run only “if these allegations are true.”
If true? Four women, on the record in The Post, say Moore, when he was in his 30s, tried to date them as teens, and one of the women says he had sexual contact with her when she was 14 and he was 32. Perhaps Republicans expect video and DNA evidence from 1979 magically to emerge, or a confession by Moore? (He denies the allegations.) More likely they are just dodging so that they can stick with Moore and keep the seat Republican — even if it means having an alleged pedophile join their caucus.
By comparison, there was more integrity in the defense of Moore offered by Alabama State Auditor Jim Zeigler, who told the Washington Examiner that, even if true, “there’s just nothing immoral or illegal here.” Indeed there’s biblical precedent for Moore’s alleged behavior.
“Take Joseph and Mary,” Zeigler said. “Mary was a teenager and Joseph was an adult carpenter. They became parents of Jesus.”
Jumpin’ Jehoshaphat!
Let us take seriously Zeigler’s justification, which is consistent with Moore’s view that “God’s laws are always superior to man’s laws,” and the Bible stands above the Constitution and other piddling laws of man. It is true that the Bible does not say “thou shalt not strip to thine tighty whities and kiss a 14-year-old and touch her through her bra and underpants.” The Bible also does not specifically prohibit colluding with the Russians, accepting emoluments, money laundering or conspiracy against the United States. So Moore, and for that matter President Trump and his administration, has nothing to worry about.
But if we are to accept the Bible literally as the legal standard (and not, say, age-of-consent laws), we will also have to accept as legal certain other activities in 21st-century America, including:
Sacrificing as a burnt offering your young son (Genesis 22:2) or your daughter, if she comes out of the doors of your house to meet you (Judges 11:30-1, 34-5).
Having rebellious children stoned to death by all the men of the city (Deuteronomy 21:18-21).
Purchasing slaves (Leviticus 25:44-46), selling your daughter as a slave (Exodus 21:7-8) and making sure they submit to their masters, even cruel ones (1 Peter 2:18).
Executing pagan priests on their own altars and burning their bones (2 Kings 23:20-25).
Cutting off the hand of a woman if she grabs the penis of a man who is fighting with her husband (Deuteronomy 25:11-12).
. . . .
There’s no allegation of sexual intercourse, he said, and “Roy Moore fell in love with one of the younger women.” That would be his wife, Kayla, who Zeigler says is 14 years his junior and whom he was dating around that time.
You don’t need a judge and jury, Republicans, to determine that there was something icky going on or that there is something dangerous in having as a senator a man who places God’s law over man’s — and then interprets God’s laws to suit himself.“
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Read the full op-ed at the above link.
Let’s see, “Ayatollah Roy” by his own proud statements is a:
Bigot
Homophobe
Racist
Xenophobe
Scofflaw
Theocrat
He’d love to strip everyone who disagrees with him of their rights while denying their humanity and full citizenship.
In plain terms, “Ayatollah Roy” is total perversion of everything it truly means to be an American living under our Constitution. So, does it really make much difference if he’s also a sexual pervert? Perversion seems to make no difference to the so-called voters in the “GOP Caliphite of Alabama.” Their truly despicable past is prologue. So, there is little reason to believe that the latest Moore disgrace will make any difference to such out of touch and tone deaf folks.
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Transactional Records Access Clearinghouse
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FOR IMMEDIATE RELEASE
Greetings. Since President Trump assumed office, the Secure Communities program has been promoted as essential to implement this administration’s agenda for ramped up deportations. The agency contends that “Secure Communities has proven to be one of ICE’s most important tools for identifying and removing criminal aliens as well as repeat immigration violators.”
However, analyses of the agency’s own internal records document that the use of detainers under this program is not living up to these claims. For example, according to the latest available ICE data only about 2.5 percent of so-called Secure Communities removals were connected to the use of detainers sent to local law enforcement agencies. When compared with ICE removals from all sources, this component made up an even smaller proportion – less than 1 percent of all ICE removals.
Furthermore, the number of convicted criminals that ICE claims to have deported through this program under the Trump administration is four times higher than what the evidence shows has actually happened.
The results of stepped up enforcement appear quite small so far. By July 2017 there were only 529 additional Secure Communities removals of individuals convicted of crimes as compared with removals under President Obama. For those convicted of serious crimes, the average monthly change was just 128 more individuals. And few of these appear to have involved the use of ICE detainers.
These statistics current through July 2017 were compiled from ICE internal records obtained by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University in response to a series of Freedom of Information Act (FOIA) requests, following lawsuits that TRAC’s co-directors filed against the agency.
A new online query tool provides public access to the data TRAC has compiled tracking all Secure Communities removals month-by-month for each state and county in the country. Go to:
Additional tools are also available that track ICE detainers (updated through July 2017) and all ICE removals (updated through June 2017). For an index to the full list of TRAC’s immigration tools go to:
TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the U.S. federal government. To help support TRAC’s ongoing efforts, go to:
David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563
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Hardly a surprise to those of us who actually understand the system that “Gonzo’s” war on so-called “Sanctuary Cities” is based on a bogus premise. Detainers are, and always have been, marginal to effective immigration enforcement. And, the program of turning ethnic communities against the authorities — both local and Federal — demonstrably makes us less safe as a country. With the Trump Administration, it’s always about the White Nationalist agenda — not effective law enforcement.
“LONG BEACH, Pacific County — Named after a character in a cowboy book, Police Chief Flint Wright describes himself as pretty conservative.
A portrait of Ronald Reagan hangs in his office, along with photos of John Wayne, and his father and grandfather on horses — capturing the rural lifestyle of Pacific County, which curves around Willapa Bay in the state’s southwest corner.
He doesn’t talk about it much, but he voted for Donald Trump, helping Pacific County go with the Republican presidential candidate for the first time in decades. Among other things, he liked Trump’s promise to secure the borders. Economic migrants are not a problem in his mind — he’s seen how hard they work — but he wondered, “who’s coming with them?” Terrorists, he feared.
Then came the July arrest of Mario Rodriguez by U.S. Immigration and Customs Enforcement (ICE).
“I was kind of in shock, to be blunt with you,” Wright said.
Rodriguez, whose visa had expired, had lived in the area for more than a dozen years. He had worked in bilingual education and periodically tipped police to trouble spots.
Mario Rodriguez, detained by federal Immigration and Customs Enforcement after his visa expired, has lived in the area for more than a dozen years and worked in bilingual education. He is now out on bond as his case goes through immigration court. (Erika Schultz / The Seattle Times)
“He was real pro-law enforcement,” the police chief said. “Shoot, anybody would like to have him as a neighbor.”
Trump, on the campaign, had talked about kicking out Mexican “drug dealers, criminals, rapists.” And that’s the kind of immigration crackdown a lot of people here were expecting.
“Yeah, we don’t want that element,” Wright said. But Rodriguez? The police chief couldn’t believe sending him back to Mexico would do anybody any good.
That kind of shock is reverberating throughout the county as Trump’s toughened immigration policy hits home. ICE has arrested at least 28 people in the county this year, according to numbers provided to the Sheriff’s Office.
While that’s just a small share of the roughly 3,100 ICE arrests overseen by its regional office in Seattle — which covers Washington, Oregon and Alaska — it represents a pronounced upward trajectory. Last year, ICE reported eight Pacific County arrests to the sheriff and for a long stretch of years before that, zero.
In a county of small, close-knit communities — Long Beach, population 1,400, is one of the largest — it’s noticed when someone goes missing. The number is magnified by those who have moved, gone into hiding or followed family after a deportation. People have lost neighbors, schools have lost students and businesses have lost employees.
. . . .
Shellfish farmers face many uncertainties, Sheldon explained.
The weather is a big one, periodically disrupting work on the water.
ICE is the new big storm, blowing in periodically to take essential workers.
Boats, working in the seafood industry, travel on Willapa Bay. (Erika Schultz / The Seattle Times)
“One minute they’re here. Another minute they’re not,” Sheldon said. “It’s not like there’s any warning.”
She and other employers say they get required paperwork for every worker — though documents might be fake — and don’t know who is illegally here.
“It’s been a huge impact,” said Kathleen Nisbet-Moncy, vice president of the Willapa-Grays Harbor Oyster Growers Association, of ICE’s arrests. Many of the area’s two dozen companies are small businesses. Losing key employees is a big deal. One, she said, lost a worker of 25 years.
And the industry already faced a labor shortage.
Workers need to have an understanding of tides; they carry tide tables like Bibles, arranging their days accordingly. Some operate boats. Others shuck oysters or process fish, not easy when done quickly.
Paid by volume, they sometimes work seven day weeks, or days that take in both early-morning and late-night tides cycles.
“Don’t you want people to work?” Sheldon asked. “Why don’t we say you can’t sell cigarettes to illegal immigrants?”
She was joking. But things didn’t make sense to her.
It was hurting her business. So many people have been arrested or moved that she can no longer fill empty positions. She has had scale back orders and turn away customers.
“Tell him I say hi”
In Long Beach Culbertson Park, as after-school football practice got started, 10-year-old Danner Walters broke into tears.
He was on the sidelines talking about his friend Joel. A week before, Joel left for Mexico with his mom and siblings to rejoin his dad, who had been deported months before.
“We’ve been best friends since kindergarten,” Danner said.
. . . .”
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Read the complete, much lengthier, article, at the link.
Too bad folks don’t think through all of the implications before they pull the lever for immoral and irrational candidates like Trump and the GOP restrictionists. Truth is what the restrictionists don’t want you to hear or think about: the vast majority of the allegedly 11 million undocumented individuals here are law-abiding, productive members of the American community, doing jobs that help, rather than hurt, American workers, doing them exceptionally well, and raising or being part of part of “mixed families” with citizens, immigrants, and undocumented individuals all mixed together.
Removing them is a senseless and cruel waste of time and money. The only reasons for doing it have to do with racial and cultural bias — that’s why guys like Trump, Sessions, Bannon, and Miller have to come up with bogus economic and law enforcement rationales in an attempt to “rationalize” basically irrational policies.
Actually, the number of undocumented individuals in the United States is a boon to our country, our economy, and our culture. It shows that we remain a vibrant nation, and that we should have been admitting hundreds of thousands of additional legal immigrants annually. That’s why GOP proposals to restrict legal immigration are so wrong-headed.
Because we failed to do what we should have, the system basically “self corrected” largely by the operation of free market forces, but with some adverse effects like the use of smugglers, the exploitation of the undocumented, and the colossal amount of money wasted by “dumb” immigration enforcement and detention over many Administrations and Congresses.
But, it’s not too late to get it right by legalizing the productive, law-abiding individuals already here and expanding our legal immigration system to realistic levels that are more consistent with our needs as a nation. That will reduce or eliminate the “job magnet” and cut the business for smugglers without vast expenditures of law enforcement funds.
“The job magnet is making it impossible to secure the Southwest border. The availability of jobs in the United States attracts immigrants who need work and are willing to do whatever they have to do to cross the border.
Congress tried to eliminate the job magnet by establishing employer sanctions with the Immigration Reform and Control Act of 1986 (IRCA). The theory was that if employers were sanctioned for hiring aliens who do not have work authorization, they would stop hiring them.
This was expected to prevent a new group of undocumented aliens from taking the place of the ones IRCA was going to legalize.
It didn’t work. Approximately 2.7 million undocumented aliens were legalized, but by the beginning of 1997, they had been replaced entirely by a new group of undocumented aliens.
It failed because the sanctions were not applied on a large-scale, nationwide basis. This is necessary to make employers throughout the United States afraid that they will be sanctioned if they hire undocumented workers. And it has continued to fail for the same reason. According to the Pew Research Center, there were 8 million unauthorized immigrants working or looking for work in the United States in FY2014.
The government has had more than 30 years to make the sanctions work, and it hasn’t happened. It is unrealistic at this point to expect it ever to happen. A new approach should be considered. But first, let’s look at what employer sanctions do.
. . . .
Shift attention to “the other magnet.”
Unscrupulous employers are drawn to undocumented immigrant workers because they can be exploited easily and are not in a position to complain about the way they are treated. I call this “the exploitation magnet.”
The Department of Labor (DOL) sanctions employers for exploiting employees without regard to their immigration status. Consequently, DOL enforcement officers do not have to determine whether an exploited employee is an alien, and if so, whether he has work authorization. For instance, DOL enforces the Fair Labor Standards Act, which requires a minimum wage and overtime pay.
Low wage industries tend to employ substantial numbers of undocumented immigrants.
DOL prosecutes employers for violating labor laws much more aggressively than DHS prosecutes employers for hiring unauthorized immigrants.
In FY2014, for instance, DHS issued only 643 final fine orders, imposing fines totaling $16.28 million, and DOL collected $79.1 million in back wages for overtime and minimum wage violations involving 109,261 employees.
With additional funding, DOL could mount a large-scale, nationwide campaign to stop the exploitation of employees in industries known to hire large numbers of undocumented immigrants, which would go a long way towards eliminating the job magnet.”
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Go on over to The Hill at the link to read Nolan’s complete article. I highly recommend his succinct summary of the current employer sanctions program and “E-Verify.”
I think Nolan is “right on” in his recommendation for more aggressive enforcement of wage and hour laws. No matter where you stand on the overall immigration policy issue, I think that we can all agree that U.S. employers should not be gaining a competitive advantage by exploiting migrant labor, whether documented or undocumented.
“WASHINGTON ― The top Democrat on the Senate Judiciary Committee said on Sunday she wants Attorney General Jeff Sessions to testify again before the panel to clarify past claims that he was unaware of any communication between members of Donald Trump’s presidential campaign and Russian officials.
Sessions has already testified before the committee twice under oath ― during his confirmation hearing in January and during a routine oversight hearing last month ― that he was unaware of communications between the Trump team and Russia. But according to recently unsealed court documents, former Trump campaign foreign policy adviser George Papadopoulos spoke multiple times with Russians about setting up a meeting between then-presidential candidate Trump and Russian President Vladimir Putin. And Papadopoulos, according to the documents. described his efforts during a meeting on March 31, 2016, that included Trump and Sessions.
Sen. Dianne Feinstein (D-Calif.) said on CNN she plans to discuss summoning Sessions back before the Judiciary Committee with the panel’s chairman, Sen. Chuck Grassley (R-Iowa). She declined to say whether she believed Sessions intentionally misled the committee in the past ― but said the attorney general should focus on getting his facts straight.
“Maybe he has a faulty memory. So, there are a lot of excuses one can make.” Feinstein said. “But at this stage, he’s got to narrow his recollections. When he comes before the committee again, he has to be precise, and it has to be accurate,” she said.
. . . .
“I don’t think he told me the truth,” Sen. Al Franken (D-Minn.) told ABC late last week. “I think that on different occasions he either has a terrible memory or he is deliberately not telling me the truth.”
Lawmakers’ frustration with Sessions may be gaining bipartisan traction.
“This is getting a bit old with Jeff Sessions,” Sen. Lindsey Graham (R-S.C.) told Fox News’ Chris Wallace on Sunday. “He probably should come back and answer the question, yet again, ‘Did you know anything about an effort by the Trump campaign to meet with Russia?’”
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Read the complete article at the link.
Wow, the irony is rich! Gonzo never misses a chance to “pop off” with some misleading story being spread by White Nationalist/restrictionist groups about how vulnerable immigrants struggling to vindicate their legal rights (and often to save their lives) and the lawyers trying to represent them are “abusing the system.” But, he abuses the time and processes of the U.S. Senate, where he used to sit. He’s obviously disdainful of his former colleagues, since he doesn’t even bother to check the accuracy of what he says under oath. Like many “arrogant overprivileged White Guys,” he just doesn’t believe that the rules actually apply to him. Just like his “Supreme Leader,” Trump!
“The Department of Justice said Friday it is aiming to slash the massive immigration court backlog in half by 2020 by adding judges, upgrading technology and refusing to tolerate repeated delays in deportation cases.
Officials, who briefed reporters on condition that they not be identified by name, said the effort is part of the Trump administration’s broad plan to more efficiently handle cases of undocumented immigrants, who number 11 million nationwide.
The administration has reversed Obama-era policies that allowed prosecutors to indefinitely postpone low-priority cases, which the Justice Department officials said allowed some immigrants to delay “inevitable” deportations. In other cases, they said, immigrants who deserved to win their cases were delayed for years because of the backlog.
The immigration court backlog has tripled since 2009, the year former president Obama took office, to more than 630,000 cases in October.
“That is what this administration is committed to, getting this done right, ensuring that we’re never in this place again,” a Justice Department official said. “Really and truly, when you look at the numbers . . . it reflects the fact that the last administration likely wasn’t as committed to ensuring that the system worked the way that Congress intended it to.”
The agency, which oversees the administrative immigration courts, said it plans to hire new immigration judges, use technology such as videoconferencing, and increase judges’ productivity by setting case-completion guidelines, though officials would not give details.
The department also will have a “no dark courtrooms” policy, the officials said, explaining that there are at least 100 courtrooms nationwide that are empty every Friday because of judges’ alternate work schedules. The Justice Department is tapping retired judges to fill those courts.
The immigration court overhaul comes as the Trump administration is carrying out policies that could generate even more cases in coming months. Arrests and deportations from the interior of the United States are rising sharply, and the Trump administration has ended Obama-era protections for some undocumented immigrants, including 690,000 undocumented immigrants who arrived in the United States as children.
By Monday, the Trump administration is also expected to say if it will renew temporary protected status for thousands of longtime immigrants from Honduras and Nicaragua whose permits expire next year.
The Justice Department officials said they are no longer widely using certain protections for undocumented immigrants, including a tool known as prosecutorial discretion that allowed the government to set aside low-priority deportation cases.
DOJ officials criticized immigration lawyers, saying they “have purposely used tactics designed to delay” immigration cases. As of 2012, the officials said, there were an average of four continuances for each case before the court.
Gregory Chen, director of government relations for the American Immigration Lawyers Association, said the administration’s plan to cut the backlog would “undermine judicial independence” in the immigration courts.
“This administration has been extremely hostile toward the judiciary and the independence of immigration judges, as well as other judges,” Chen said.
Speeding up cases depends partly on congressional funding. It also rests partly on the actions of immigration judges, who have expressed concerns about due process for immigrants, many of whom are facing deportation to some of the world’s most violent countries. Immigrants are not entitled to a government-appointed lawyer in these courts and often handle cases on their own.
The Justice officials would not comment on reports that they will impose case-completion quotas on judges, which raised an outcry from the judges’ union. But the officials said they would give judges clear standards to complete cases and add more supervisors.
Officials say they are already seeing results from efforts this year to improve efficiency. From February to September, judges ordered 78,767 people to leave the country, a 33 percent jump over the same period in 2016. The total number of final decisions, which includes some immigrants who won their cases, is 100,921.”
Using retired U.S. Immigration Judges to fill in while Immigration Judges are on leave or otherwise scheduled to be out of court is a good idea. Indeed, the National Association of Immigration Judges (“NAIJ”) has been pushing this idea since the Clinton Administration with no results until now. Additionally, finally taking advantage of the available “Phased Retirement Options” for the the many Immigration Judges nearing retirement could also be helpful.
Over time, hiring additional Immigration Judges could be helpful, at least in theory. But, that depends on whether the hiring is done on a merit basis, the new judges are properly trained, and they have the space, equipment, and support staff to function. The DOJ/EOIR’s past record on accomplishing such initiatives has been beyond abysmal. So, it’s just as likely that additional hiring will harm the Immigraton Courts’ functioning as it is that it will help.
THE BAD:
“Productivity standards” are totally inappropriate for an independent judiciary. They are almost certain to infringe on due process by turning judges into “assembly line workers.” Moreover, if hiring is done properly, judges should be self-motivated professionals who don’t need “Micky Mouse performance evaluations” to function. While it might be helpful to have some “periodic peer review” involving input from those appearing before the courts and judges of courts reviewing the judges’ work, such as takes place in some other independent judicial systems, that clearly isn’t they type of system this Administration has in mind.
More use of Televideo is problematic. In person hearings are definitely better for delivering due process. The EOIR Televideo equipment tends to be marginal from a technology standpoint. “Pushing the envelope” on Televideo could well force the Article IIIs to finally face up and hold at least some applications of this process unconstitutional.
More “Supervisory Judges” are totally unnecessary and a waste of resources. In the “EOIR World,” Supervisory Judges often don’t hear cases. Moreover, as noted previously, professional judges need little, if any, real “supervision.” The system might benefit from having local Chief Judges (“first among equals”), like in other independent judicial systems, who can address administrative issues with the Court Administrator and the public, But, judges don’t need supervision unless the wrong individuals are being selected as judges. And, as in the U.S. District Courts, local Chief Judges should carry meaningful case loads.
Every other court system in the U.S., particularly the U.S. District Courts, rely on heavy doses of “Prosecutorial Discretion” (“PD”) by government prosecutors to operate. By eliminating PD from the DHS Chief Counsels, then touting their misguided actions, this Administration has guaranteed the ultimate failure of any backlog reduction plan. Moreover, this stupid action reduces the status of the DHS Assistant Chief Counsels. There is no other system I’m aware of where the enforcement officials (“the cops”) rather than professional prosecutors make the decisions as to which cases to prosecute. PD and sensible use of always limited docket time is part of the solution, not the problem, in the Immigration Courts.
THE UGLY:
The DOJ and EOIR continue to perpetuate the myth that private attorneys are responsible for the backlogs. No, the backlogs are primarily the result of Congressional negligence multiplied by improper politically motived docket manipulation and reschuffling to meet DHS enforcement priorities by the last three Administrations, including this one! This Administration was responsible for unnecessarily “Dark Courtrooms” earlier this year in New York and other heavily backlogged Immigration Courts.
Although not highlighted in this article, EOIR Acting Director James McHenry recently admitted during Congressional testimony that EOIR has been working on e-filing for 16 years without achieving any results! Thats incredible! McHenry promised a “Pilot Program” in 2018 with no telling when the system will actually be operational. And DOJ/EOIR has a well-established record of problematic and highly disruptive “technology rollouts.”
THE INCREDIBLE:
As usual, the DOJ/EOIR “numbers” don’t add up. EOIR “touts” compleating approximately 100,000 cases in the 7-month period ending on August 31, 2017. That’s on a pace to complete fewer than 200,000 cases for a fiscal year. But, EOIR receives an average of at least 300,000 new cases each year (even without some of the “Gonzo” Enforcement by the Trump DHS). So, EOIR would have to “pick up the pace” considerably just to keep the backlogs from growing (something EOIR hasn’t done since before 2012). Not surprisingly, TRAC and others show continually increasing backlogs despite having more judges on board. To cut the backlog from 640,000 to 320,000 (50%) by 2020, the courts would have to produce an additional 160,000 annual completions in 2018 and 2019! That, in turn, would require completing a total of at least 460,000 cases in each of those years. That’s an increase of 230% over the rate touted by DOJ/EOIR in the Post article. Not going to happen, particularly since we’re already more than one month into FY 2018 and Congress has yet to authorize or appropriate the additional resources the DOJ wants!
WHAT’S CLEAR:
The DOJ hocus pocus, fake numbers, unrealistic plans, political scheming, cover-ups, blame shifting, and gross mismanagement of the U.S. Immigration Courts must end!
Unless and until Congress creates an independent, professionally managed Article I Immigration Court, any additional resources thrown into the current Circus being presided over by Jeff Sessions’s DOJ would be wasted.
Nick Miroff and Karen DeYoung report in the Washington Post:
“More than 300,000 Central Americans and Haitians living in the United States under a form of temporary permission no longer need to be shielded from deportation, the State Department told Homeland Security officials this week, a few days ahead of a highly anticipated DHS announcement about whether to renew that protection.
On Tuesday, Secretary of State Rex Tillerson sent a letter to acting DHS secretary Elaine Duke to inform her that conditions in Central America and Haiti that had been used to justify the protection no longer necessitate a reprieve for the migrants, some of whom have been allowed to live and work in the United States for 20 years under a program known as Temporary Protected Status (TPS).
Tillerson’s assessment, required by law, has not been made public, but its recommendations were confirmed by several administration officials familiar with its contents. The officials spoke on the condition of anonymity to discuss internal deliberations.
DHS has until Monday to announce its plans for roughly 57,000 Hondurans and 2,500 Nicaraguans whose TPS protections will expire in early January. Although most arrived here illegally, they were exempted from deportation after Hurricane Mitch devastated Central America in 1998. Their TPS protections have been renewed routinely since then, in some cases following additional natural disasters and resulting insecurity
. . . .
Advocates say removing TPS would be a cruel blow to long-standing, law-abiding immigrants, forcing them to decide between remaining in the country illegally or leaving their homes and families. According to a recent study by the left-leaning Center for American Progress, TPS recipients have nearly 275,000 U.S.-born children.
If recipients lose their protections but defy orders to leave, it would not be difficult for immigration enforcement agents to find them. The provisional nature of their status requires them to maintain current records with DHS; the agency has their addresses, phone numbers and other personal information.
“Terminating TPS at this time would be inhumane and untenable,” a group of Catholic charity leaders wrote to Duke in a recent letter, arguing that it would “needlessly add large numbers of Hondurans and Salvadorans to the undocumented population in the U.S., lead to family separation, and unnecessarily cause the Department of Homeland Security to expend resources on individuals who are already registered with our government and whose safe return is forestalled by dire humanitarian circumstances.”
If DHS ends the TPS protections, it is expected to grant recipients a grace period of at least six months or more to give them time to prepare for departure.”
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With the Caribbean recovering from storm damage, the US unable to take care of Puerto Rico, and individuals arriving in the US daily in flight from violence and disorder in Central America (one of the most violent and dangerous regions in the entire world) this seems like a boneheaded, politically motivated decision. Hopefully, as Nolan Rappaport has mentioned several times in this blog, Congress and the Administration will be able to work something out for these folks.
If not, most folks aren’t going anywhere soon. Most individuals with TPS do not have final orders of removal from the US. Therefore, they would have to be processed through the US Immigration Courts which currently have a 640,000 case backlog.
The Trump Administration continues to operate in its own world of cruelty, disorder, incompetence, and squandering of Government resources, without regard to either reality or humananitarian factors.
Section 201(e) of the Immigration and Nationality Act (INA) provides 55,000 visas a year for a class of immigrants known as “diversity immigrants,” from countries with historically low rates of immigration to the United States.
The number temporarily has been reduced to 50,000, to make up to 5,000 visas a year available for use by Nicaraguans who are eligible for the NACARA program.
The eligibility requirements are stated in section 203(c). The applicant must have been born in a designated country. There are exceptions based on other connections to the designated country. Also, he must have at least a high school education or its equivalent, or two years of work experience that required at least two years of training or experience to perform.
Reasons for terminating it.
While it may be difficult to justify terminating the program on account of the recent terrorist attack, there should be some benefit to offset the fact that the program could bring terrorists to the United States. If the New York City terrorist hadn’t been here, he wouldn’t have been able to commit a terrorist act here.
The claimed benefit is diversity, but does the program really make America more diverse? The United States has a population of 326,199,506people, and that number is increasing by one international migrant (net) every 32 seconds. How does adding 50,000 aliens a year make the country more diverse?
Nevertheless, the program is bringing a lot of people in an absolute sense. Since 1995, it has made visas available to roughly one million people who have no ties to the United States. Is this fair to American citizens and legal permanent residents who get visa petitions approved to bring family members here and then have to wait years for visas to become available?
“A lottery is a crazy way to run an immigration system,” according to Steve Yale-Loehr, an immigration law professor at Cornell. “No other country selects immigrants based on a lottery.”
Wouldn’t the program add as much diversity if the same number of aliens, from the same group of countries, were to be selected on a merit-based point system?
My prediction is that the program will be terminated to make the visas available to family and/or employment-based immigrants.”
Go on over to The Hill for Nolan’s full article which has other helpful statistics and information.
I don’t know that I see enough information to justify terminating the program at this time. But, Nolan’s point that the visas might better be used for other categories as part of overall immigration reform seems like something that should be part of the discussion.
“Back in June, there was some cause for concern that Attorney General Jeff Sessions was having memory problems. When questioned from multiple angles during multiple appearances before Congressional investigators about the Trump campaign‘s relationship to Russia, Sessions‘s consistent refrain was: “I don’t recall.” He gave an equally evasive response when Minnesota Senator Al Franken specifically asked whether surrogates from the Trump campaign had communicated with Russians during the 2016 election in October. “I did not, and I’m not aware of anyone else that did, and I don’t believe it happened,” Sessions told the Senate Intelligence Committee under oath. (He made similar statements to the Senate Judiciary Committee.)
Now, however, Sessions has reportedly changed his tune. Citing a source familiar with Sessions’s thinking, NBC News reported on Thursday that the attorney general—who served as a top Trump surrogate and headed the then-presidential hopeful’s national security team—does in fact recall rejecting George Papadopoulos’s offer to arrange a meeting between Trump and Putin, after the Republican candidate stopped short of ruling out the idea.
. . . .
Perhaps Sessions‘s memory was jogged by mounting bipartisan calls for him to return to Capitol Hill to clarify his statements and shed light on Papadopoulos’s account. “Jeff Sessions concealed his meetings with the Russians and he had an obligation to be more forthcoming about meetings that involved Papadopoulos,” Democratic Senator Richard Blumenthal, a member of the Senate Judiciary Committee, told CNN. Senator John Cornyn, a Texas Republican, added of Sessions‘s presence at the meetings that he “certainly think[s] it’s a legitimate area of inquiry” for Congressional investigators to pursue.”
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Read the complete article at the link.
Gosh, those worried that our AG had suffered some type of permanent brain damage must be relieved to know that his loss of short-term memory, although serious, was merely temporary. Apparently, it was triggered by the stress of having to testify under oath before his former Senate colleagues.
But, never fear, Gonzo was back at it today pushing his anti-immigrant, White Nationalist, restrictionist agenda in New York.
I suspect there is more to this story. Who knows what else Gonzo might “recall” as he slowly recovers his memory.
“Washington (CNN)Attorney General Jeff Sessions is once again under scrutiny on Capitol Hill regarding his candor about Russia and the Trump campaign amid revelations that he rejected a suggestion to convene a meeting between Russian President Vladimir Putin and Donald Trump last year.
According to court filings unsealed this week, Trump campaign foreign policy adviser George Papadopoulos suggested at a March 2016 meeting that he could use his connections to set up a meeting between Putin and Trump with the then-GOP candidate’s national security team. An Instagram picture on Trump’s account shows Sessions attended the meeting at which Papadopoulos made the suggestion.
But Sessions, who was a top surrogate for Trump during the campaign, did not disclose these discussions despite a persistent set of questions from Democrats and some Republicans about Russia during multiple hearings on Capitol Hill. The new information is renewing attention to how forthcoming Sessions has been with Congress.
There is interest from Democrats on both the Senate intelligence and judiciary committees for Sessions to formally clarify his remarks made before both committees given what’s now known about his interactions with Papadopoulos, a Senate aide told CNN. The source said the request for clarification could take several forms, such as having Sessions testify again or submitting a clarification in writing, but that has not yet been determined.
“IN LOWER MANHATTAN on Tuesday, not far from the memorial to the 9/11 attack on the World Trade Center, eight people were killed and 12 injured when a man espousing fidelity to the Islamic State drove a rented pickup down a busy bike path along the Hudson River. “It was gruesome. It was grisly. It was surreal,” one witness said of bicyclists and pedestrians being mowed down. The attack on innocent people enjoying a fine autumn day was a chilling reminder of the persistent threat posed to the United States by Islamist extremists — and their ingenuity in finding ways to commit murder.
Some small comfort can be taken in the fact that in the 16 years since the fall of the twin towers, improvements in protecting the homeland and fighting terrorism abroad have lessened the terrorists’ strength to strike and improved our ability to respond. The quick actions of police and other first responders during Tuesday’s tragedy should be applauded. So must the resilience and strength of the people of New York City, who made clear they will not be cowed by fear.
Far less inspiring — indeed, downright dispiriting — was the reaction of President Trump. In a series of tweets that apparently were informed (a word we use loosely) by his viewing of “Fox & Friends,” Mr. Trump went on a harangue about immigration and attacked Senate Minority Leader Charles E. Schumer (D-N.Y.). On Wednesday, Mr. Trump signaled he might upend the judicial process by declaring the suspected attacker an enemy combatant to be shipped off to the Guantanamo Bay prison; federal terrorism charges filed against him later in the day likely would foreclose that from happening. Note that the White House wouldn’t discuss gun control after last month’s mass shooting in Las Vegas, on the grounds that it would politicize a tragedy, but it had no problem launching partisan attacks following a terrorist strike that ought to unify all Americans. Note also, as The Post’s Philip Bump pointed out, that Mr. Trump is quick to jump to conclusions when there are incidents involving immigrants but is far more circumspect when nonimmigrants are involved.
What’s really needed from the Trump administration is not blame-shifting but a serious attempt to investigate and learn from this latest attack. Were others involved or aware of the alleged plans dating back a year that went into the attack? Are authorities right in their initial assessment that the suspect became “radicalized domestically” while living in the United States? Were signals missed when he appeared on the radar of law enforcement in connection with the investigations of other suspects? The 29-year-old, authorities said, allegedly “followed almost exactly to a T” instructions that the Islamic State has put out on its social-media channels on how to carry out attacks. So what can be done to detect and deter other would-be followers?
Among those killed Tuesday were five Argentines who were part of a group of school friends who traveled to New York to celebrate the 30th anniversary of their high school graduation. It was their dream trip to a city known for being open and generous and diverse. Those are the traits that make America great; to undermine them in response to Tuesday’s attack only plays into the hands of terrorists.”
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Second, the Editorial Board responds to Trump’s attempt to blame Senator Chuck Schumer of New York for the attack:
“PRESIDENT TRUMP, ever prone to seek out scapegoats, fastened on a new target in the wake of the terrorist attack in New York: the state’s senior Democratic senator, along with a 27-year-old visa program that offers applicants from dozens of countries a shot at immigrating to the United States.
Mr. Trump singled out Sen. Charles E. Schumer, who, in 1990, sponsored the diversity visa program, through which the alleged attacker in New York, Sayfullo Saipov, is reported to have immigrated to the United States from his native Uzbekistan. In a tweet, the president derided the program as “a Chuck Schumer beauty.”
Never mind that Mr. Schumer’s legislation establishing the program attracted bipartisan support; or that it was signed into law by President George H.W. Bush, a Republican; or even that Mr. Schumer himself unsuccessfully bargained to end the program, in 2013, in return for a bill granting legal residence to millions of undocumented immigrants already in the United States. Neither the facts nor the normal political imperative to avoid partisanship in the wake of a terrorist attack appeared to move Mr. Trump.
His tweet made it appear that his overriding interest in an assault allegedly backed by the Islamic State is to use it to assail immigration — in this instance, a legal program whose beneficiaries represent a speck in the overall number of immigrants. Managed by the State Department since 1995, the program now grants up to 50,000 visas annually, via a random lottery, to citizens of dozens of countries who would otherwise be mostly overlooked in the annual influx of green-card recipients. In recent years, many of the winners have been from Africa and Eastern Europe.
Having reaped political advantage as a candidate in vilifying illegal immigrants, Mr. Trump has set his sights in office on legal migrants, including refugees, from a handful of mostly Muslim countries, whom he’d like Americans to see as an undifferentiated mass of potentially violent interlopers. Gradually, he is chipping away at what was once a national consensus that immigrants are a critical source of vitality, invention and international appeal.
Like almost any immigration program, the diversity visa lottery is imperfect and susceptible to abuse. The fortunate winners, who represent less than 1 percent of those who have applied annually in recent years, are not uniformly equipped to thrive in this country; many lack an education beyond high school. As Mr. Saipov may turn out to prove, even the extensive vetting required of all who immigrate through the program does not provide an ironclad guarantee that it is impervious to applicants who might seek to harm the United States.
The lottery program might be improved. Still, the fact that more than 11 million people applied for it in fiscal 2016 reflects the magnetic appeal the United States continues to exert around the world. Satisfying a small fraction of that demand, through the lottery or some other legal means, is a powerful tool of public diplomacy in countries whose citizens might otherwise have no hope of coming here.”
Third, Jennifer Rubin (“JRUBE”) comments on Trump’s “mindless,” totally inappropriate, attack on our justice system (in other words, on our Constitution):
“Asked about the suspect Wednesday, President Trump called him an “animal.” Prompted to say whether he thought Saipov should be sent to the detention facility at Guantanamo Bay, Cuba, Trump said, sure, he’d consider it. Later, at Wednesday’s White House press briefing, Sarah Huckabee Sanders said flatly that the White House considered the suspect an “enemy combatant.”
The president also said yesterday that the American justice system (presumably including his own Justice Department) is a “joke” and a “laughingstock.”He further opined, “We also have to come up with punishment that’s far quicker and far greater than the punishment these animals are getting right now,” Trump said. (Terrorists are subject to the death penalty, so it’s unclear what he had in mind.) “They’ll go through court for years … We need quick justice, and we need strong justice,” he said.
Thankfully, the Justice Department, like the Pentagon, has learned when to ignore Trump. On Wednesday, Saipov was charged in federal court.By Thursday morning, Trump was backing off his support for sending Saipov to Guantanamo. Once again, the ignorant president shot from the hip and had to creep back to reality.
Just how harmful were Trump’s statements? It is reprehensible for the president to defame our justice system, which is not a “joke” nor a “laughingstock” but the envy of the world. Moreover, in the terrorist context, it has proved remarkably efficient in trying and convicting terrorists, and then handing out maximum punishments. The surviving Boston Marathon bombing defendant was convicted in just this way and sentenced to death.
. . . .
Based on today’s tweet, we were right to assume that neither Trump nor Sanders had any idea what he/she was talking about (always a good assumption). We will watch with pride as American justice takes its course — and with horror as Trump continues to wreck havoc from the Oval Office.”
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Having spent a professional lifetime working on immigration and refugee issues, I can confirm that Trump and his GOP “restrictionist cronies” like Sessions, Miller, and Bannon have managed to transform what used to be “a national consensus that immigrants [and particularly refugees] are a critical source of vitality, invention and international appeal” into a highly partisan and racially-charged attack on the national origins and futures of some of our most productive citizens and residents — those who far more than Trump or his cronies are likely to help us in building a better, safer future for all Americans.
Having worked on all sides of our U.S. Justice System, served as an administrative judge on the trial and appellate levels for more than 21 years, listened to and/or read thousands of accounts of what made people leave their “home countries,” and studied in detail the reasons why some failing countries are “senders” of talented migrants and others, like the U.S., are fortunate enough to be on the “receiving” end, I can say unequivocally that the fairness of our justice systemand the overall honsety and integrity of civil servants in the U.S. Government are the primary differences between the “sending” and “receiving” countries, like ours.
As I have observed before, Trump and his cronies are launching what is basically a “Third-World autocratic attack” on our Constitution and our democratic institutions. If they succeed, the immigration “problem” might eventually be “solved” because nobody will want to come here any more. How many people risked their lives trying to get into the former Soviet Union?
Donald Trump, his cronies, and his enablers are and will remain a much greater threat to our safety and Constitutional institutions than any foreign terrorist could ever be. We ignore his dangerous and fundamentally un-American rants at our own peril!
“Washington (CNN)After a deadly terrorist attack in New York City, critics of President Donald Trump on Wednesday pointed to the millions in proposed cuts to counterterror programs sought by his administration, which reduced multiple such initiatives in its budget request.
The Trump administration has proposed sharp cuts to programs that seek to prevent domestic terrorism and prepare localities to respond — a point made by Senate Minority Leader Chuck Schumer, a Democrat from New York, in response to Trump criticizing him on Wednesday morning, in a tweet linking the attack to an immigration policy Trump ascribed to Schumer.
“President Trump, instead of politicizing and dividing America, which he always seems to do at times of national tragedy, should be focusing on the real solution – anti-terrorism funding – which he proposed cutting in his most recent budget,” Schumer said in a statement. “I’m calling on the President to immediately rescind his proposed cuts to this vital anti-terrorism funding.”
The Department of Homeland Security says, for its part, that it continues to improve the administration’s efforts on countering terrorism, and promises more effective measures to come.
Trump’s 2018 budget proposal included steep cuts to a number of grant programs run by the Department of Homeland Security that go toward terrorism and violent extremism preparedness and prevention. All told, more than $300 million would be cut from such programs.
New York itself would stand to lose millions in federal funds. On Tuesday, a 29-year-old Uzbek national killed eight people and injured more than a dozen more when he drove a rented truck onto a bike and pedestrian path in Manhattan, pledging his support to ISIS in a note found at the scene.
The administration has also folded two counterterror grant programs altogether, and is in the process of rebranding the Obama administration’s Countering Violent Extremism office.
A senior DHS official earlier this fall disputed the notion that the administration was retreating from fighting terrorism and domestic extremism, though, saying a new strategy is forthcoming.
“We really intend to elevate and amplify our terrorism prevention efforts in a big way, because the threat environment is serious, we’re taking it seriously and we’re doing a full end-to-end review of what we do on terrorism prevention to make sure that our efforts are effective,” the official told CNN. “We do not intend to focus our terrorism prevention efforts exclusively on one ideology. DHS is committed to combating both domestic terrorism and international terrorism and bolstering efforts for both.”
. . . .
In testimony before Congress earlier this year, acting Secretary Elaine Duke told lawmakers that administration is evaluating its approach to preventing terrorism going forward — and she and other officials have begun calling it “terrorism prevention” instead of “countering violent extremism.”
“Americans do not want us to simply stop violent plots, they want us to keep them from materializing in the first place,” Duke said in her prepared testimony. “As part of this effort, we have launched an end-to-end review of all DHS ‘countering violent extremism’ or CVE programs.”
Nevertheless, DHS officials have faced numerous questions from lawmakers about the proposed cuts to the programs and criticism from counterterror experts. The House-passed 2018 budget, which still needs to pass the Senate, largely increases or maintains the funding that Trump has proposed to cut.“
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Read all of Tal’s article at the above link.
The DHS response sounds like “classic bureaucratic doublespeak” to me!
“Washington (CNN)President Donald Trump, during a White House Cabinet meeting Wednesday, said he wants to terminate the Diversity Visa Lottery, a program that distributes around 50,000 visas to countries where there is a low rate of immigration to the US.
“I am, today, starting the process of terminating the diversity lottery program,” Trump said, seated next to Secretary of State Rex Tillerson and Defense Secretary Jim Mattis. “I am going to ask Congress to immediately initiate work to get rid of this program, diversity lottery, diversity lottery. Sounds nice, it is not nice, it is not good. It hasn’t been good and we have been against it.”
He added: “We’re going to quickly as possible get rid of chain migration and move to a merit-based system.”
Trump added that based on preliminary information, the attacker in New York “was the point of contact, the primary point of contact for, and this is preliminarily, 23 people, that came in or potentially came in with him and that is not acceptable.”
PHOTOS:Manhattan truck attack
. . . .
Trump later tweeted that he was ordering his Department of Homeland Security to “step up our already Extreme Vetting Program.”
It was not clear what program the President was referring to. Reached Tuesday night, DHS referred all questions on the “vetting” order to the White House, which did not respond to questions.
Soon after Trump tweeted Wednesday morning, Schumer responded with a tweet of his own: “I guess it’s not too soon to politicize a tragedy.”
Schumer also accused the President of “politicizing and dividing America” and urged him to focus “on the real solution — anti-terrorism funding — which he proposed cutting in his most recent budget.”
New York Gov. Andrew Cuomo, a Democrat, said at a Wednesday morning news conference that the President’s tweets were “not helpful.”
“I don’t think they were factual. I think they tend to point fingers and politicize the situation,” he said. “You play into the hands of the terrorist to the extent that you disrupt, divide and frighten people in the society. The tone now should be the opposite — on all levels.”
Trump’s decision to address immigration policy hours after the terrorist attack is markedly different than the tack the White House took after a shooter in Las Vegas opened fire on a concert last month, killing 58.
White House press secretary Sarah Sanders, asked about gun control policy the day after the shooting in Las Vegas, dismissed the idea of talking about policy so soon after a shooting.
“We haven’t had the moment to have a deep dive on the policy part of that,” Sanders said. “We’ve been focused on the fact that we had a severe tragedy in our country. And this is a day of mourning, a time of bringing our country together, and that’s been the focus of the administration this morning.”
Pressed on why Trump brought up the travel ban hours after shootings in Orlando and San Bernardino, Sanders added at the time, “I think there’s a difference between being a candidate and being the President.”
. . . .
Democrats slammed Trump on Wednesday for quickly turning to immigration after the terror attack.
“This has become the pattern for President Trump, dating back to the campaign,” Rep. Adam Schiff, D-California, told MSNBC. “No matter where an attack happens around the world, whether it’s in the United States, Europe, he immediately goes to questions about immigration.”
“In addition to Clovis, now-Attorney General Jeff Sessions, we noted, appears in the photo of the March 2016 meeting with Papadopoulos and Trump. “A picture is worth a thousand words, and it may take the attorney general that many to explain this one,” Sen. Sheldon Whitehouse (D-R.I.) tells me. “Not only can’t Sessions get his story straight about contacts with Russia, but it is becoming harder for him to claim these contacts were inconsequential.”
Sessions not only was involved in the firing of FBI Director James B. Comey (when Trump said he had the Russia investigation in mind), but he also has at various times, when asked about his contact with or knowledge of Russian contacts, not brought up Papadopoulos. Sessions, in his confirmation hearing, denied having any contacts with Russians. When that proved not to be true, he revised his testimony. In June, he told the Judiciary Committee: “The suggestion that I participated in any collusion, that I was aware of any collusion with the Russian government, or hurt this country which I have served with honor for 35 years, or to undermine the integrity of our democratic process, is an appalling and detestable lie.”
On March 31, back in Washington, Mr. Papadopoulos met Mr. Trump for the first time at a gathering of his new foreign policy team at the candidate’s Washington hotel. According to the former Trump adviser who was there, and who spoke on condition of anonymity to avoid offending former colleagues, Mr. Papadopoulos spoke for a few minutes about his Russian contacts and the prospects for a meeting with the Russian president.
But several people in the room began to raise questions about the wisdom of a meeting with Mr. Putin, noting that Russia was under sanctions from the United States. Jeff Sessions, now attorney general and then a senator from Alabama who was counseling Mr. Trump on national security, “shut George down,” the adviser said. “He said, ‘We’re not going to do it’ and he added, ‘I’d prefer that nobody speak about this again.’”
And yet Sessions recalled none of that in testimony under oath — in anyof his explanations.”
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Read Rubin’s complete column at the above link.
Sessions has demonstrated a clear aversion to truth, accuracy, and decency, as well as an amazingly selective memory during his brief, yet incredibly destructive, tenure as Attorney General. However, like many White Nationalists who show a marked disregard and teeming disrespect for the lives and legal rights of others, Gonzo is keenly aware of his own legal rights. Realizing that “but for” a friendly GOP Government, he would be in “deep doodo” for his lies, half-truths, misrepresentations, and questionable “memory lapses,” he had the good sense to “lawyer up” by retaining former GOP DOJ honcho Chuck Cooper as his personal lawyer. It’s likely that before this all plays out, Cooper will actually have to start earning his pay.