INSIDE THE 2018 DOJ BUDGET: Some Good News (Sort Of) For Beleagured U.S. Immigration Courts

https://www.justice.gov/opa/pr/department-justice-fy-2018-budget-request

According to an official DOJ press release:

“+$79 million for the Executive Office of Immigration Review (EOIR), including $75 million for 75 new Immigration Judges and associated positions, boosting the Department’s capacity for prompt, efficient, and just hearings for those accused of violations of immigration law.”

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The Good News:

More U.S. Immigration Judges are certainly needed and welcome. And, it’s smart to treat them as “judicial teams,” including support staff, Judicial Law Clerks, space, and equipment!

“Prompt, efficient, and just hearings” also sounds like the right objective for the U.S. Immigration Court system!

So, what could go,wrong?

The Bad News:

75 additional U.S. Immigration Judge teams will hardly put a dent in a 600,000 case backlog which continues to grow daily. Indeed, since many of the most experienced and efficient Immigration Judges are eligible to retire, 75 new Immigration Judges will barely even cover the potential loss of literally centuries of collective judicial expertise and experience.

Moreover, with Attorney General Sessions serving as a “cheerleader and chief instigator” for DHS’s current “Gonzo Maximo Random Enforcement and Detention Program,” the Immigration Courts’ future is almost certainly going to see more “aimless docket reshuffling” (“ADR”), rather than the careful structural, administrative, and procedural reforms needed to enable the Immigration Court to fulfill its mission of “guaranteeing fairness and due process for all!”

In the long run, the due process crisis in the Immigration Courts can’t be solved without responsible leadership at the DHS with the courage and determination to limit and focus DHS enforcement in a “smart” way that recognizes that Immigration Court time will always be precious and that court dockets are not infinitely expandable! Additionally, it will require DOJ leadership to treat the Immigration Court as a truly independent judicial system, not just an adjunct to the enforcement arm of DHS.

PWS

05-24-17

POLITICS: GOP Senate’s “Stealth Plan” To Strip Health Care From Millions While Enriching Fat Cats Exposed!

https://www.nytimes.com/2017/05/23/opinion/health-care-bill-senate.html?emc=edit_ty_20170523&nl=opinion-today&nlid=79213886&te=1&_r=0

David Leonhardt writes in a NY Times op-ed:

“While the rest of the country has been transfixed by Trumpian chaos, members of the Senate have spent the last two weeks talking about taking health insurance from millions of Americans.

There is an alarmingly large chance that they’ll decide to do so. But if they do, they will almost certainly rely on a political sleight of hand to disguise their bill’s damage. Understanding that sleight of hand — and calling attention to it — offers the best hope for defeating the bill.

The effort to take health insurance from the middle class and poor and funnel the savings into tax cuts for the rich is a little like mold. It grows best in the dark.

That’s why Republican leaders in the House handled their bill as they did. They did not hold a single hearing, because they knew that attention would have been devastating.

Just imagine a hearing featuring the leaders of these groups, every one of which opposes the House bill: the American Medical Association, American Nurses Association, American Hospital Association, American Academy of Pediatrics, American Cancer Society, American Heart Association, American Diabetes Association, American Lung Association, March of Dimes and AARP.
The House also passed its final bill without waiting for the Congressional Budget Office to estimate how many Americans would lose insurance. The C.B.O. will release that analysis tomorrow afternoon. There is no precedent, outside of wartime, for passing a bill this important in such haste.

After the House did, many observers assumed the bill was too flawed to have much chance in the Senate. Republican senators, aware of the bill’s unpopularity, were careful to say publicly that they would start fresh. But the early signs suggest that Mitch McConnell and his Republican caucus are actually mimicking the House approach.

Think of it as the Upton strategy, and I’ll explain the name in a minute.”

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Yet, the voters keep putting these guys in office. Unless you are part of the tiny percentage of over-privileged, rich elite in America, you’re voting against not only our country’s best interests, but your own!

Amazingly, however, the Democrats have failed to come up with an effective strategy to capitalize on this. And, to date, I’m not sure I’ve heard any compelling arguments as to how and why Democrats will do better in the next election.

Yeah, Trump and his cohorts have problems galore. But, highlighting/relying on that was Hillary’s primary strategy in 2016. And, it failed! Big time! What positive plan do Democrats have for making America better for everyone (including most Trump supporters)?

PWS

05-23-17

POLITICS: TRUMP BUDGET: Help The Rich, Stone The Poor!

The NY Times reports:
“WASHINGTON — President Trump plans to unveil on Tuesday a $4.1 trillion budget for 2018 that would cut deeply into programs for the poor, from health care and food stamps to student loans and disability payments, laying out an austere vision for reordering the nation’s priorities.

The document, grandly titled “A New Foundation for American Greatness,” encapsulates much of the “America first” message that powered Mr. Trump’s campaign. It calls for an increase in military spending of 10 percent and spending more than $2.6 billion for border security — including $1.6 billion to begin work on a wall on the border with Mexico — as well as huge tax reductions and an improbable promise of 3 percent economic growth.

The wildly optimistic projections balance Mr. Trump’s budget, at least on paper, even though the proposal makes no changes to Social Security’s retirement program or Medicare, the two largest drivers of the nation’s debt.

To compensate, the package contains deep cuts in entitlement programs that would hit hardest many of the economically strained voters who propelled the president into office. Over the next decade, it calls for slashing more than $800 billion from Medicaid, the federal health program for the poor, while slicing $192 billion from nutritional assistance and $272 billion over all from welfare programs. And domestic programs outside of military and homeland security whose budgets are determined annually by Congress would also take a hit, their funding falling by $57 billion, or 10.6 percent.

The plan would cut by more than $72 billion the disability benefits upon which millions of Americans rely. It would eliminate loan programs that subsidize college education for the poor and those who take jobs in government or nonprofit organizations.

Mr. Trump’s advisers portrayed the steep reductions as necessary to balance the nation’s budget while sparing taxpayers from shouldering the burden of programs that do not work well.

“This is, I think, the first time in a long time that an administration has written a budget through the eyes of the people who are actually paying the taxes,” said Mick Mulvaney, Mr. Trump’s budget director.
Document: Read Trump’s 2018 Budget
“We’re not going to measure our success by how much money we spend, but by how many people we actually help,” Mr. Mulvaney said as he outlined the proposal at the White House on Monday before its formal presentation on Tuesday to Congress.

Among its innovations: Mr. Trump proposes saving $40 billion over a decade by barring undocumented immigrants from collecting the child and dependent care tax credit. He has also requested $19 billion over 10 years for a new program, spearheaded by his daughter and senior adviser Ivanka Trump, to provide six weeks of paid leave to new parents. The budget also includes a broad prohibition against money for entities that provide abortions, including Planned Parenthood, blocking them from receiving any federal health funding.”

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PWS

05-23-17

POLITICS — STONEWALL: Flynn Takes The 5th!

https://www.washingtonpost.com/powerpost/flynn-takes-the-5th-and-declines-to-comply-with-senate-intelligence-committee-subpoena/2017/05/22/e4fa0524-3f15-11e7-8c25-44d09ff5a4a8_story.html?hpid=hp_hp-top-table-main_flynn-pp-210pmx%3Ahomepage%2Fstory&utm_term=.365d5fbc2d14

The Washington Post reports:

“Retired Lt. Gen Michael Flynn, the former national security adviser under President Trump, refused to comply with a Senate Intelligence Committee subpoena as a top House Democrat disclosed portions of new documents suggesting Flynn lied about his Russia ties to federal investigators.

Members of the Senate Intelligence Committee must now meet to vote and decide whether to hold Flynn in contempt or accept his attempt to invoke his Fifth Amendment right against self-incrimination.

The committee has demanded that Flynn provide it with a list of any contacts he had with Russian officials between June 16, 2015, and Jan. 20, 2017.

In a statement late Monday, the committee chairman and vice chairman, Sens. Richard Burr (R-N.C.) and Mark R. Warner (D-Va.), said they were “disappointed” by Flynn’s decision and would “vigorously pursue General Flynn’s testimony and his production of any and all pertinent materials pursuant to the Committee’s authorities.”

Flynn’s refusal comes as Rep. Elijah E. Cummings (D-Md.), the top Democrat on the House Oversight Committee, cited a previously undisclosed document alleging that Flynn had “lied” to security-clearance investigators about payments he received “directly” from Russia for appearing at a December 2015 gala hosted by Russian state-owned media company RT.”

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This baby isn’t going away any time soon!

PWS

05-23-17

DHS Extends Haitian TPS For 6 Months — Some Still Seek Longer Period!

http://www.voanews.com/a/us-gives-haitian-immigrants-6-month-tps-extension/3865735.html

VOA News reports:

USA

US Gives Haitian Immigrants 6-month TPS Extension

Last Updated: May 22, 2017 6:06 PM

VOA News

FILE – Farah Larrieux, an immigration activist shown in April at home in Miramar, Fla., is among at least 50,000 Haitians who could be deported with the loss of Temporary Protected Status. She predicted they might go into the shadows.

The U.S. Department of Homeland Security on Monday announced it has extended Haitian immigrants’ access to a program of humanitarian protection for six months.

At least 50,000 Haitian immigrants are registered for Temporary Protected Status (TPS), which permits them to live and work in the United States. TPS, offered in the wake of a deadly 2010 earthquake in Haiti, was set to expire July 23. It has been extended through January 22 – though some U.S. lawmakers, Haitian authorities and immigration advocates who’d sought a longer term expressed disappointment.

“Haiti has made progress across several fronts since the devastating earthquake,” DHS Secretary John Kelly said in a statement, adding that he was “proud of the role the United States has played during this time in helping Haitian friends.”

Kelly said the extension “should allow Haitian TPS recipients living in the United States time to attain travel documents and make other necessary arrangements for their ultimate departure from the United States, and should also provide the Haitian government with the time it needs to prepare for the future repatriation of all current TPS recipients.”

Pierrot Mervilier hugs an unidentified girl whose family, covered by TPS, met with news media in Miami, May 22, 2017.

Haiti sought 1-year minimum

Haiti’s government had urged the United States to extend TPS “for at least another year,” its ambassador to the United States, Paul Altidor, told VOA earlier this month.

Altidor said the Caribbean country, while glad to welcome back “our brothers and sisters,” was not ready to absorb tens of thousands of returnees “overnight.”

Haiti “has not recovered entirely from the earthquake,” the ambassador said, noting that not all of the financial aid pledged by “many friends and countries around the world” had materialized. He also pointed out that his country had endured additional setbacks, such as a cholera epidemic and a crippling hurricane last October.

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Read the complete story at the link.

From Secretary Kelly’s statement, its appears that DHS intends to terminate Haitian TPS at the conclusion of this six month extension. That move is sure to be fraught with controversy. However, the law gives the Secretary complete, unreviewable discretion to make TPS decisions.

PWS

05-23-17

N. Rappaport On GOP’s “Extreme Enforcement” Initiatives!

http://thehill.com/blogs/pundits-blog/immigration/334554-republicans-are-preparing-extreme-immigration-measures

Nolan writes in The Hill:

“Highlights from Labrador’s summary of the Davis-Oliver Act.

It provides states with congressional authorization to enact and enforce their own immigration laws to end the executive branch’s ability to unilaterally shut down immigration enforcement.
It withholds certain federal grants from jurisdictions that refuse to honor immigration detainers or prohibit their law enforcement officers from giving immigration-related information to U.S. Immigration and Customs Enforcement (ICE).
Jurisdictions that refuse to honor detainer requests and release criminal aliens may be sued by the victims of crimes the aliens commit after they are released.
It makes membership in a criminal gang grounds for deportation.
It requires background checks to be completed before immigration benefits can be granted.
Criminalization of undocumented aliens.

Section 314 makes crimes out of illegal entry and unlawful presence. If an offender does not have three misdemeanor convictions or a felony conviction, a first offense can result in imprisonment for up to six months. Subsequent offenses can result in imprisonment for up to two years.

If the alien has three misdemeanor convictions or a felony conviction, however, the term of imprisonment can be up to 20 years. This is not as harsh as some of the criminal provisions which are in the Immigration and Nationality Act (INA) already. Smuggling an alien into the country or helping one to remain here unlawfully (harboring) may “be punished by death or imprisoned for any term of years or for life” if it results in the death of any person.

Home free magnet.

President Obama created what I call the “home free magnet”, when he focused enforcement on undocumented aliens who had been convicted of serious crimes or had been caught near the border after making an illegal entry. Aliens wanting to enter the United States illegally knew that they would be safe from deportation once they had reached the interior of the country.

This attracted undocumented aliens and became a powerful incentive for them to do whatever was necessary to enter the United States. President Trump destroyed this magnet with tough campaign rhetoric and his executive order, Enhancing Public Safety in the Interior of the United States, which greatly expands Obama’s enforcement priorities.

. . . .

Perhaps the Democrats should consider supporting a modified version of the Davis-Oliver Act in return for Republican consideration of a modified legalization program and other measures that are important to the Democrats.

A similar agreement was the basis for the Immigration Reform and Control Act of 1986 (IRCA), which made legalization available to millions of undocumented aliens in return for interior enforcement measures and border security.

The Republicans can deport most of the undocumented aliens in the country if they choose to do so, but it would take a long time and would be very expensive politically as well as financially.

They might be willing to consider a legalization program that is based on American needs, such as preventing citizen and lawful permanent resident families from being broken up and providing needed foreign workers for American employers.”

It could be limited to temporary lawful status while background investigations are being conducted. Greg Siskind and I suggested a way to do this in, “Pre-Registration: A Proposal to Kick-Start CIR.”

To be truly comprehensive, immigration reform has to include effective enforcement measures and time for putting together such a bill is running out.

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Read Nolan’s complete article over on The Hill at the above link.

Having served during the Obama Administration (as well as others from both parties) I disagree with Nolan’s characterization of Obama as having a “home free” policy. At least since the summer of 2014, no characterization could be further from the truth!

Beginning in the summer of 2014, the Obama Administrations, quite unwisely in my view, “prioritized” the cases of recent arrivals at the Southern Border. By taking these cases out of sequence, and totally out of proportion to any “threat” they posed, the Obama Administration’s policy of Aimless Docket Reshuffling (“ADR”) helped create an Immigration Court backlog that now approaches 600,000 cases, notwithstanding relatively “flat” receipts and actual increases in the number of sitting judges.

While eliminating the “recent arrivals priority,” the Trump Administration’s essentially “random” enforcement policy, lacking in any type of restraint or rationality, has actually made things much worse. As backlogs mushroom, the “home free” problem is actually more significant, although with a pronounced degree of randomness and irrationally. In other words, total docket chaos in Immigration Court.

While the threat of more “expedited removals,” which evade the Immigration Courts, does hang over the system, the procedures have not actually been implemented. Moreover, contrary to Nolan’s suggestion, there is no chance that the GOP will be able to remove more than a small fraction of the approximately 11 million undocumented aliens in the U.S. Yes, arbitrary enforcement does produce some “terrorism” effect by making everyone feel unsafe. Perhaps a relatively small number of undocumented residents will give up and leave (or try to enter Canada). Nevertheless, there is no practical way that 11 million individuals actually could be removed.

The GOP would do much better to sign on to immigration reforms that would give some type of legal status (not necessarily green cards) to most of those already here, while expanding legal immigration opportunities across the board. The resulting system would actually reduce pressure on the border while making interior enfircement more of a practical possibility than it has been at any time during the last for decades. But, that would take a thoughtful, practical, non-xenophobic, approach — something that has eluded the GOP in the years since the Reagan Administration.

Look for folks like Labrador & Goodlatte to work with the Adminstration to create a complete “train wreck” in the immigration enforcement system.

PWS

05-22-17

ROGUE! — Will Push To Hire More DHS Agents Weaken National Security With More “Bad Apples?” — “Haste Makes Waste” Governing Has Real Life Consequences!

https://www.nytimes.com/2017/05/20/us/politics/border-patrol-immigration-trump.html?hpw&rref=politics&action=click&pgtype=Homepage&module=well-region®ion=bottom-well&WT.nav=bottom-well

Ron Nixon reports in the NYT:
“BROWNSVILLE, Tex. — Joel Luna was just the kind of job candidate the Border Patrol covets. He grew up on both sides of the border, in Mexico and South Texas. He participated in the Reserve Officers Training Corps in high school and later served in the Army, seeing combat in Iraq.

Mr. Luna joined the agency as part of a hiring surge that began under the George W. Bush administration, patrolling a rural area about 100 miles north of Mexico. But six years later, his decorated career came to a shocking end: He was arrested and charged with helping to send illegal weapons to Mexico and ship drugs into the United States. He was convicted in January and sentenced to 20 years in prison.

Now, as President Trump plans a similar hiring surge at the Border Patrol, Mr. Luna’s case is casting a large shadow. The president wants to make 5,000 new hires, under a streamlined process that critics fear could open a door to other rogue agents like Mr. Luna.

Agency officials, some members of Congress and the Border Patrol union say the current process has made it too hard to hire agents. It typically takes more than a year to vet candidates and get them on the job.

At the center of this notoriously slow and stringent process — which Customs and Border Protection, the patrol’s parent agency, put in place after a number of corruption cases — is a mandatory polygraph test. Officials are considering changing the test, and in some cases the agency would simply waive it.

“C.B.P. has a big problem in not being able to hire agents because of the polygraph test,” said Senator Jeff Flake, Republican of Arizona, who has sponsored the legislation to make hiring agents easier and faster. “I’m not saying that we should get rid of the polygraph, but we want to make sure the process isn’t an overall detriment to good candidates.”

Three weeks ago, the agency began using a different lie detector test that takes less time than the current one and asks fewer questions. And legislation moving through Congress would grant the agency the authority to waive the polygraph for some former law enforcement officers and military veterans.
Top officials said the changes would allow the agency, which is losing agents faster than it can replace them, to compete for qualified candidates with other law enforcement agencies more effectively without sacrificing standards. Applicants would still undergo a background check in addition to the shorter polygraph test, officials said.

“No one wants corrupt agents inside the Border Patrol,” said Jayson Ahern, a former acting commissioner of Customs and Border Protection. “What C.B.P. is proposing is a sensible way to weed out corruption but speed up the hiring.”

But some current and former Department of Homeland Security officials said the proposed changes could expose the agency to corrupt individuals who could use their position to help drug cartels or human smugglers. Border Patrol agents work largely by themselves in isolated areas and are routinely targeted by criminal organizations.”

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How many times have we seen this pattern: scandal, followed by reform? Time goes by, and we forget the scandal. But, “best practices” can be burdensome. So someone proposes a “streamlined” process which recreates the conditions for scandal. And the cycle begins again.

Ironically, the risk to American security from corrupt DHS agents probably exceeds the risk from the undocumented entries that additional hastily hired agents are supposed to be preventing. The border today is probably under better control than at any other point in my lifetime. But, corrupt border agents can be co-opted by terrorists, narco traffickers, and human smugglers, all of whom “pay” much better than the USG. So, taking time to make sure the folks we’re hiring for these key jobs have the “right stuff” makes sense to me. Also, how about raising their pay to reflect their important, challenging (and dangerous) mission and to reduce turnover?

PWS

05-21-17

10th Amendment Scoring A Comeback At Both Ends Of The Political Spectrum

https://www.wsj.com/article_email/federalism-for-the-left-and-the-right-1495210904-lMyQjAxMTE3MTIyMDUyNTA0Wj/

Jeffrey Rosen writes in the WSJ:

“President Donald Trump has issued a series of controversial executive orders on immigration that are now tangled up in federal courts. Judges in Hawaii and Maryland have blocked the president’s ban on travelers from six mostly Muslim countries, and another judge in Seattle has blocked his executive order threatening to remove federal funding for “sanctuary cities” that refuse to cooperate with federal immigration agents.

If this contest between branches of government sounds familiar, it should. President Barack Obama also tried to use executive orders to push through his own very different immigration policies, and he was similarly rebuffed by the courts. They held that he lacked the unilateral authority to shield millions of undocumented immigrants from deportation.
There’s a lesson in the symmetry of these two examples, and figures from across the political and ideological spectrum are increasingly embracing it: Many of the issues that recent presidents have tried to decide at the national level through executive orders are best resolved at the state or local levels instead. In an era of fierce partisan divisions, all sides are beginning to see the virtues of our federal system in accommodating differences—and encouraging experimentation—on issues such as immigration, law enforcement and education.

Federalism has long been a cause on the right, but now it’s just as likely to be a rallying cry on the left. Rep. Zoe Lofgren, the top Democrat on the House Judiciary’s immigration and border-security subcommittee, recently said: “The Constitution, specifically the Tenth Amendment, protects states’ rights, and it prohibits federal actions that commandeer state and local officials. When it comes to immigration, these principles seem to be overlooked.”

The framers of the Constitution would be pleased with this emerging consensus. By creating a national government with limited powers, they intended to allow the states and local governments to pursue a range of different policies on matters within what used to be called their “police powers”—that is, their authority to regulate behavior, maintain order and promote the public good within their own territory. The founders considered this arrangement the best way to protect liberty and diversity of opinion, as well as to defend political minorities from nationalist tyranny and concentrated power.”

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Perhaps this is a return to constitutionalism. But, perhaps it’s more representative of the failure of Congress to effectively address the need for comprehensive immigration reform.

PWS

05-21-17

Trump Dumps On Feds — Budget Full Of Lumps Of Coal For Career Civil Servants Who Keep USG Running N/W/S Trumpsters’ Stunning Incompetence!

https://www.washingtonpost.com/news/powerpost/wp/2017/05/18/trumps-budget-calls-for-hits-on-federal-employee-retirement-programs/?hpid=hp_hp-cards_hp-card-fedgov%3Ahomepage%2Fcard&utm_term=.490caac3fe4f

Joe Davidson writes in the Washington Post:

“The budget proposal President Trump plans to unveil Tuesday would give to federal employees with one hand, while taking away with five others.

It calls for a 1.9 percent pay raise in January for civilian workers and a 2.1 percent hike for the military.

But in real terms, the civilian increase would be less than it looks if proposed hits on retirement benefits are adopted. Trump’s fiscal 2018 budget would:

Increase Federal Employee Retirement System (FERS) contributions from workers by 1 percentage point each year until they equal the government’s contribution. This would take five to six years and would result in increased out-of-pocket payments of about 6 percent over that period. Out-of-pocket payments by federal law enforcement officers would increase by the same amount, but would not equal the greater contributions from law enforcement agencies.
Base future retirement benefits on the average of the high five years of salary instead of the current high three
Eliminate cost of living adjustments (COLA) for current and future FERS employees
Cut the COLA for Civil Service Retirement System (CSRS) employees by 0.5 percent from what the formula would allowed
Eliminate supplement payments for FERS employees who retire beginning in 2018. The supplement approximates the value of Social Security benefits for those who retire before age 62.
FERS, which covers employees first hired after 1986, and CSRS have different requirements. Those covered by CSRS, for example, do not receive Social Security benefits.

Senior Office of Management and Budget officials, who declined to be identified because the budget has not been released, said that the increase in retirement contributions would not apply under CSRS because the employer and employee shares under that system already are equal.

Similarly, they said that eliminating the FERS retirement inflation adjustment while only reducing it for those retired under CSRS takes into account that FERS retirees receive Social Security, which is fully inflation-adjusted, as part of their benefits.

The retirement changes supposedly would take effect with the fiscal year that begins in October. Since the federal budget rarely is finished by that deadline, any measure including them likely would set a different effective date.

Most of these proposals have been in the Republican playbook for years. With that party now in control of the White House and Congress, chances increase that some or all of them will become law, even as the probability is low that Trump’s entire budget will be enacted as proposed.

The thought of Trump’s assault on federal retirement programs becoming law enrages federal employee leaders.”

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As pointed out by Davidson, this slap in the face to hard-working career Feds is based on a longstanding GOP “wishlist.”

PWS

05-20-17

BREAKING: WashPost Reports That Russia Probe Now Involves Trump Top Aide! — Is The “House Of Cards” Beginning To Wobble?

https://www.washingtonpost.com/world/national-security/russia-probe-reaches-current-white-house-official-people-familiar-with-the-case-say/2017/05/19/7685adba-3c99-11e7-9e48-c4f199710b69_story.html?hpid=hp_hp-top-table-main_fbiprobedeck-315pm%3Ahomepage%2Fstory&utm_term=.2f64c5fc8b83

Devlin Barrett and Matt Zapotosky Report:

“The law enforcement investigation into possible coordination between Russia and the Trump campaign has identified a current White House official as a significant person of interest, showing that the probe is reaching into the highest levels of government, according to people familiar with the matter.

The senior White House adviser under scrutiny by investigators is someone close to the president, according to these people, who would not further identify the official.

The revelation comes as the investigation appears to be entering a more overtly active phase, with investigators shifting from work that has remained largely hidden from the public to conducting interviews and using a grand jury to issue subpoenas. The intensity of the probe is expected to accelerate in the coming weeks, the people said.

The sources emphasized that investigators remain keenly interested in people who previously wielded influence in the Trump campaign and administration but are no longer part of it, including former national security adviser Michael Flynn and former campaign chairman Paul Manafort.

Flynn resigned in February after disclosures that he had lied to administration officials about his contacts with Russian Ambassador Sergey Kislyak. Current administration officials who have acknowledged contacts with Russian officials include President Trump’s son-in-law, Jared Kushner, as well as Attorney General Jeff Sessions and Secretary of State Rex Tikkerson.”

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Read the complete story at the link.

I think “we’ve got trouble, right here in River City!” Stay runed!

PWS

05-19-17

State & Local Prosecutors “Just Say No” To Gonzo-Apocalypto’s Retrograde Agenda!

https://www.washingtonpost.com/news/post-nation/wp/2017/05/19/prosecutors-are-pushing-back-against-sessions-order-to-pursue-most-severe-penalties/?hpid=hp_hp-more-top-stories_sessions-penalties-920pm%3Ahomepage%2Fstory&utm_term=.47be355726b2

Lindsey Bever reports in the Washington Post:

“A week after U.S. Attorney General Jeff Sessions told federal prosecutors to “charge and pursue the most serious, readily provable offense” and follow mandatory minimum sentencing guidelines, a bipartisan group of prosecutors at the state and local level is expressing concern.

Thirty current and former state and local prosecutors have signed an open letter, which was released Friday by the nonprofit Fair and Just Prosecution, a national network working with newly elected prosecutors. The prosecutors say that even though they do not have to answer Sessions’s call, the U.S. Attorney General’s directive “marks an unnecessary and unfortunate return to past ‘tough on crime’ practices” that will do more harm than good in their communities.

“What you’re seeing in this letter is a different wind of change that’s blowing through the criminal justice field,” said Miriam Krinsky, a former federal prosecutor and executive director of Fair and Just Prosecution.

“There does seem at the federal level to be a return to the tough-on-crime, seek-the-maximum-sentence, charge-and-pursue-whatever-you-can-prove approach,” Krinsky said. But, she added, at a local level, some believe “there are costs that flow from prosecuting and sentencing and incarcerating anyone and everyone who crosses the line of the law, and we need to be more selective and smarter in how we promote both the safety and the health of our communities.”

Signers of the letter include Los Angeles City Attorney Mike Feuer, Manhattan District Attorney Cyrus R. Vance Jr., and Karl Racine, attorney general of the District of Columbia.

The prosecutors say that there are no real benefits to Sessions’s May 10 directive, but they noted “significant costs.”

The letter states:

The increased use of mandatory minimum sentences will necessarily expand the federal prison population and inflate federal spending on incarceration. There is a human cost as well. Instead of providing people who commit low-level drug offenses or who are struggling with mental illness with treatment, support and rehabilitation programs, the policy will subject them to decades of incarceration. In essence, the Attorney General has reinvigorated the failed “war on drugs,” which is why groups ranging from the American Civil Liberties Union to the Cato Institute to Right on Crime have all criticized the newly announced policy.”

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Read the complete article at the above link.

As mentioned in an earlier posting, a bipartisan group of Senators, led by Sen. Rand Paul (R-KY) is also pushing back against Sessions’s prosecution policies.

PWS

05-19-17

LEGISLATION: House GOP Takes The Low Road — Eschews Compromise — Goes For Enforcement Overkill!

http://www.cnn.com/2017/05/18/politics/immigration-bill-house-committee/index.html

Tal Kopan reports for CNN:

“Washington (CNN)Democrats and Republicans on Thursday faced off over immigration policy as a House committee began considering a set of immigration bills that Democrats say would amount to the creation of a “mass deportation force.”

Proponents of the first bill under consideration by the House judiciary committee — named after two law enforcement officers who were allegedly murdered by an undocumented immigrant — advocated for the bill as important to public safety and rule of law.
But Democrats on the committee decried the bill as an unnecessarily harsh anti-immigrant push by President Donald Trump.
“Proponents of this bill say that it’s necessary to keep us safe, but what the bill really does is pander to the noxious notion that immigrants are criminals and should be dealt with harshly,” said immigration subcommittee ranking member Zoe Lofgren, a California Democrat. “This bill gives Trump and (adviser Steve) Bannon the legislation to establish their mass deportation force. … This bill should really be called the ‘Mass Deportation Act,’ because that’s what it is.”
Judiciary Chairman Bob Goodlatte said the bill was not intended to target immigrants, but to “respect the rule of law.”
“This is simply a bill that gives any administration, the current one and future ones, the authority to enforce our laws properly, and gives to state and local governments … the ability to participate in that enforcement,” Goodlatte said.
The committee was set to mark up three Republican bills related to immigration on Thursday — one that would vastly expand the role of state and local jurisdictions in immigration enforcement and two others that would authorize immigration components of the Department of Homeland Security.
But by mid-afternoon, the committee recessed until next week after only making its way through two amendments. Both were brought by Democrats to strike portions of the bill, and after lengthy debate, both were rejected by the Republican majority committee. Democrats were expected to continue bringing a number of similar amendments when the markup continues on the nearly 200 page bill.
The main bill the committee discussed, the Michael Davis Jr. and Danny Oliver in Honor of State and Local Law Enforcement Act, was introduced by Republican Rep. Raul Labrador of Idaho, and closely resembles similar legislation that the House judiciary committee has advanced in the past and that now-Attorney General Jeff Sessions introduced in his time in the Senate.
The Davis-Oliver Act would substantially increase the capabilities of federal and local immigration enforcement, including empowering state and local law enforcement to enact their own immigration laws and penalties. It also would give the government powers to revoke visas, beef up Immigration and Customs Enforcement’s ability to arrest and deport undocumented immigrants, increase criminal penalties for undocumented immigrants and punish sanctuary jurisdictions.

The two parties went back and forth on the bill, with Democrats decrying it as demonization of all immigrants, as an increase in mass incarceration and as a promotion of racial profiling and as unconstitutional federal overreach. They noted that local law enforcement in sanctuary cities say their policies are important for victims and witnesses of crimes to feel comfortable coming forward.
But Labrador said the notion that the bill harms public safety is “the most preposterous and outrageous argument I’ve ever heard.”
“For too long we have allowed individuals to enter our country illegally and in many cases do us harm,” he said. “While other reforms are needed, this bill is vital to a long-term fix.”
The other two bills, introduced by Goodlatte, a Virginia Republican, would serve as authorizations for ICE and US Citizenship and Immigration Services, codifying the mission statements of both entities. The USCIS bill would focus the agency, which oversees the issuance of visas and grants immigrants the ability to enter the U.S. . . . .”

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America has all the immigration enforcement we need at present. Undocumented entries are down, the undocumented population is stable, and all reputable studies show that migrants of all types are among the most law-abiding sectors of our society. Also, the DHS is unable to remove everyone who is currently under a final order of removal. The U.S. Immigration Court system is completely backlogged, with nearly an astounding 600,000 pending cases.

Consequently, beyond funding “fixes” for the overwhelmed Immigration Courts and the DHS program for executing final orders of removal, there is no need for additional immigration enforcement personnel and authority at this time. Nor is there any need to push reluctant cities to help DHS out with immigration enforcement.

No, notwithstanding the disingenuous statements by GOP Reps. Goodlatte and Labrador, this is all about generating anti-immigrant sentiment and promoting a non-existent link among immigrants, crime, and national security..

What America really needs is some type of legalization program to allow the millions of law-abiding undocumented individual already here to continue to work and contribute to our society. Additionally, we need immigration reform that would expand the legal immigration system to more realistically match supply with demand. This, in turn, would encourage individuals to enter through the legal system and thereby register and submit themselves to complete pre-entry vetting. That’s what would actually promote the safety and prosperity of America!

PWS

05-19-17

Betsy Woodruff In “The Daily Beast” — Mueller Likely To Question Trump!

http://www.thedailybeast.com/articles/2017/05/17/the-very-intense-man-probing-the-president

Betsy writes:

“Robert Mueller, the newly named special counsel investigating potential collusion between the Trump campaign and Russian officials, may find himself in the extraordinary position of questioning President Donald Trump.
There is precedent for this. John Danforth, the only other person to be named a special counsel under the same statute as Mueller, told The Daily Beast on Wednesday that he conducted a phone interview with Bill Clinton as part of his investigation into the Waco siege. He said it was the only contact he had with anyone in the White House during the investigation, and he did it “in the name of thoroughness.”
Mueller may need to be similarly thorough.

“That’s investigative procedure 101,” said Julian Sanchez, an expert in national security law for the libertarian Cato Institute. “Unless it’s a secret investigation, if you’re conducting an investigation, you interview its subject.”
“He would need to interview anyone who’s a subject of the investigation,” Sanchez added. “That’s Trump, and, at minimum, personnel associated with the campaign.”
“I can’t imagine he would not be interviewed,” said Mark Zaid, a national security lawyer.
Mueller has been charged to investigate “any matters that arose or may arise directly from the investigation” that the FBI has been conducting into alleged collusion between Trump’s campaign and Russian government officials. That would likely include the allegations from James Comey, who reportedly wrote in a memo that Trump asked him to curtail part of that investigation before firing him.
Like Comey, Mueller knows a thing or two about memos.

Mueller, who became FBI director a week before 9/11, was a colleague of James Comey during the Bush administration. And one of the most consequential moments in that relationship involves note-taking––a skill Comey has clearly adopted.
As Comey revealed in Congressional testimony in 2007, he and Mueller clashed with top Bush White House officials in March 2004 over an effort to reauthorize NSA surveillance. Comey was Deputy Attorney General at the time––second in command at the Justice Department. Alberto Gonzales, then the White House counsel, and Andy Card, then Bush’s chief of staff, tried to get then-Attorney General John Ashcroft to sign off on the continuation of a warrantless wiretapping program when he was gravely ill in the hospital.
When Comey learned what Gonzales and Card were trying to do, he let Mueller know and then raced to the hospital. He got to the attorney general’s hospital bed while Gonzales and Card were there, and managed to keep him from signing anything. Mueller got to the hospital room after the drama unfolded.
And, like any good FBI hand, Mueller took notes.
In 2007, when Alberto Gonzales was attorney general, he testified before Congress that Ashcroft was lucid and talkative on the night of the hospital visit. Comey later gave testimony countering what Gonzales said, saying Ashcroft was clearly sick and distressed. And Mueller’s notes became a pivotal piece of evidence to clear up the disparity, as the Washington Post reported at the time. He turned over a heavily redacted version of those notes to the House Judiciary Committee, showing Gonzales had misinformed the committee.

The news of Mueller’s notes broke on Aug. 17, 2007. Ten days later, Gonzales announced he would resign.”

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Can’t imagine that Trump is too happy about the Mueller appointment. But, he has nobody but himself to blame (something he never does, preferring to cast blame on others).

PWS

05-17-17

WashPost: Courtland Milloy Lays Bare Sessions’s White Nationalist Agenda!

https://www.washingtonpost.com/local/a-virginia-politician-calls-for-hate-to-leave-his-hometown-easier-said-than-done/2017/05/16/0ca5dc3a-3a55-11e7-9e48-c4f199710b69_story.html?utm_term=.39c1a4b01e14

Milloy writes in an op-ed:

“Here’s what white supremacy really looks like:

Attorney General Jeff Sessions gearing up for another “war on crime.” But first, he has to manufacture enough fear of people of color. He recently tried by declaring, falsely, that New York “continues to see gang murder after gang murder, the predictable consequence of the city’s ‘soft on crime’ stance.”

Sessions threatened to withhold millions of dollars in federal grants from the city’s police department if the city didn’t start turning in undocumented immigrants to federal authorities.

[Sessions issues sweeping new criminal charging policy ]

In other words, if New York doesn’t have a crime problem now, Sessions would cut police funding until it did have one.

New York Mayor Bill de Blasio, citing the city’s low crime rate, called Sessions’s remarks “outrageous” and “pitiful.” Sessions later conceded that New York police had created “some of the best” techniques for fighting crime.

But that’s not the end of it.

Under the Trump administration, local police departments are slated to get more powerful weaponry and expanded powers to use them. Corporate prison complexes could see an increase in profits if Sessions’s push to bring back mandatory minimum sentences moves forward. Rural communities in majority white areas will get new prisons — along with jobs overseeing a veritable plantation of mostly black and Hispanic inmates.
The judiciary is a key component in the maintenance of this system. Police are rarely charged for fatally shooting someone while on duty. According to an analysis by The Washington Post and researchers at Bowling Green State University, 54 officers faced charges for such shootings between 2005 and 2015, a fraction of the fatal police shootings that occurred across the country in that time. The majority of the officers whose cases have been resolved have not been convicted, The Post found.

The Post also reported: “Among the officers charged since 2005 for fatal shootings, more than three-quarters were white. Two-thirds of their victims were minorities, all but two of them black.”

It is as if the vision of Rep. Steve King (R-Iowa), who recently declared that white “culture and demographics are our destiny,” are coming true. In effect, black and brown lives do not matter.

And with voting rights under attack, the chances of getting elected officials who might take a stronger stance for justice becomes slimmer by the year.

On Monday, the U.S. Supreme Court upheld a lower court’s ruling that North Carolina legislators had acted “with almost surgical precision” to blunt the influence of black voters. But Chief Justice John G. Roberts Jr. made clear in a separate opinion that the ruling did not mean that court was taking a stand for or against the actions. Encouraged by the high court’s statement, the legislators have vowed to keep at their obstructionist ways.

President Trump, having fomented fears of “Mexican rapists” during his campaign, announced Monday that he was cracking down on a Mexican gang. “MS-13 is going to be gone from our streets very soon, believe me,” he said, during a ceremony for slain police officers. “When policing is reduced, it’s often the poorest and most vulnerable Americans who are the first to suffer. We have all seen the tragic rise in violence and crimes in many of our disadvantaged communities.”
But Trump offered no plan for dealing with that disadvantage. Nothing about more jobs or affordable housing. Not better health care — just more police officers with bigger guns.

No need for the white protesters to wave Confederate flags and chant “white power.” Trump and Sessions know how to placate them by attacking black freedoms.

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PWS

05-17-17

Sen. Rand Paul (R-KY) Slams Sessions On Sentencing!

http://www.cnn.com/2017/05/15/opinions/sessions-is-wrong-rand-paul-opinion/index.html

Sen. Rand Paul writes in an op-ed for CNN:

“The attorney general on Friday made an unfortunate announcement that will impact the lives of millions of Americans: he issued new instructions for prosecutors to charge suspects with the most serious provable offenses, “those that carry the most substantial guidelines sentence, including mandatory minimum sentences.”

Rand Paul

Mandatory minimum sentences have unfairly and disproportionately incarcerated a generation of minorities. Eric Holder, the attorney general under President Obama, issued guidelines to U.S. Attorneys that they should refrain from seeking long sentences for nonviolent drug offenders.

I agreed with him then and still do. In fact, I’m the author of a bipartisan bill with Senator Leahy to change the law on this matter. Until we pass that bill, though, the discretion on enforcement — and the lives of many young drug offenders — lies with the current attorney general

The attorney general’s new guidelines, a reversal of a policy that was working, will accentuate the injustice in our criminal justice system. We should be treating our nation’s drug epidemic for what it is — a public health crisis, not an excuse to send people to prison and turn a mistake into a tragedy.

And make no mistake, the lives of many drug offenders are ruined the day they receive that long sentence the attorney general wants them to have.

If I told you that one out of three African-American males is forbidden by law from voting, you might think I was talking about Jim Crow 50 years ago.

Yet today, a third of African-American males are still prevented from voting, primarily because of the War on Drugs.

The War on Drugs has disproportionately affected young black males.

The ACLU reports that blacks are four to five times likelier to be convicted for drug possession, although surveys indicate that blacks and whites use drugs at similar rates. The majority of illegal drug users and dealers nationwide are white, but three-fourths of all people in prison for drug offenses are African American or Latino.

Jeff Sessions takes wrong turn on crime

Why are the arrest rates so lopsided? Because it is easier to go into urban areas and make arrests than suburban areas. Arrest statistics matter when cities apply for federal grants. It doesn’t take much imagination to understand that it’s easier to round up, arrest, and convict poor kids than it is to convict rich kids.

. . . .

Each case should be judged on its own merits. Mandatory minimums prevent this from happening.

Mandatory minimum sentencing has done little to address the very real problem of drug abuse while also doing great damage by destroying so many lives, and most Americans now realize it.

Proposition 47 recently passed in California, and it has spurred a cultural change in the way nonviolent drug offenders are treated, resulting in more than 13,000 fewer prisoners and a savings of $150 million, according to a Stanford Law School study.

Pew Research found that 67% of Americans want drug offenders to get treatment, not prison, and over 60% want an end to mandatory minimum sentences.

I urge the attorney general to reconsider his recent action. But even more importantly, I urge my colleagues to consider bipartisan legislation to fix this problem in the law where it should be handled. Congress can end this injustice, and I look forward to leading this fight for justice.”

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Finally, the ever divisive Jeff “Gonzo-Apocalypto” Sessions is doing something to unite Americans — his “return to the failed policies of the past” on drugs is uniting Democrats and Republicans in bipartisan opposition.

PWS

05-16-17

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