HEATHER COX RICHARDSON: The GOP Lets Fly With Its Overtly Racist Vision of America! —A Party Without Ideas, Values, or Human Decency Peddles Hate & Lies As Its Message! ☠️💀🤮👎🏻

Heather Cox Richardson
Heather Cox Richardson
Historian
Professor, Boston College

From “Letters From An American,” July 7, 2020

. . . .

The administration continues to court its base with a racist vision of the country. Yesterday, Republican National Committee spokeswoman Liz Harrington criticized presumptive Democratic presidential nominee Joe Biden of advancing “radical left socialism” for saying that “Independence Day is a celebration of our persistent march toward greater justice — the natural expansion of our founding notion from ‘all men are created equal’ to ‘all people are created equal and should be treated equally throughout their lives.’”

On the same day, Trump tweeted an attack on Black racecar driver Bubba Wallace, accusing him of advancing a “HOAX” because someone (not Wallace) had found and reported a noose hanging in his garage. In the same tweet, Trump expressed outrage that NASCAR has banned the use of the Confederate flag at its events. (Republican strategist Karl Rove told the Fox News Channel the president’s defense of the Confederate flag did not help his campaign.)

Then, out of the blue, the official White House Twitter account published a photo of Trump and Pence apparently gazing in to the sky, alongside a quotation that said: “Americans are the people who pursued our Manifest Destiny across the ocean, into the uncharted wilderness, over the tallest mountains, and then into the skies and even into the stars.” Manifest Destiny was a term coined in the 1840s by the editor of the Democratic Review magazine to explain why it was the divinely ordained duty of Americans to push west and take over the lands of indigenous peoples and Mexicans, spreading slavery into new lands. The term is widely associated with white supremacy and deadly dominance over people of color.

Meanwhile, the administration continues to move public money toward its supporters. Government data released this week shows that tax-payer funded bailouts went to churches whose leaders are Trump’s allies, as well as organizations traditionally opposed to government programs. Anti-tax advocate Grover Norquist’s Americans for Tax Reform Foundation received between $150,000 and $300,000 in loans, while Norquist took a stand against the unemployment insurance in the CARES coronavirus relief act. The Ayn Rand Institute, named for the theorist who opposed government welfare programs despite using them herself, took a loan of between $350,000 and $1 million, calling it “partial restitution for government-inflicted losses.” Multiple businesses close to Trump got money, too; the government loaned as much as $273 million to more than 100 companies with ties to the president.

Also today, excerpts from the book written by Trump’s niece, Mary L. Trump, appeared in the media. Trump tried, unsuccessfully, to stop the publication of the book. The excerpts don’t say much we didn’t already know, but the inside story of the Trump family is likely to get under the president’s skin. Dr. Trump, who holds a doctorate in psychology, portrays the president as a habitual liar who paid someone to take the SAT to get him into college. She shows a narcissist who can think only in terms of himself, and who is calculating and cruel to the point that he was willing to take away health care from a baby in order to gain leverage over his nephew.

After her dissection of Trump’s dangerous personality, Dr. Trump concludes that Trump himself “isn’t really the problem after all.” The problem is his enablers, including the Republican Senators who voted five months ago to acquit him of the charges for which the House of Representatives impeached him.

That those same Senators are now begging off from the upcoming Republican convention is too little a protest, too late.

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

For the rest of Heather’s letter or to subscribe to her letter, click here:https://email.mg2.substack.com/c/eJxtUE1vhCAQ_TXL0QAC6oFDL3vonzAIo5IiGBh3a3992fXUpMkkk7yZl_dhDcKS8qn3VJAcBfLonZasp7RvidPCsV72xJdxzgCb8UFjPoDsxxS8NehTfBE4lW1LVs04TK4bWGcHAczMvVJsskzQdqaMD4q8ZEZzOA_RgoYH5DNFIEGviHu5tR83fq-zgsEVsk3f2dvVZFdSbMoxFTT2q7Fpqz_EV1lOaUd7KoWSQ8OaeQoP_InPztwE3Rb-h0Oy_oQYfVwK4_VuUnjDNctY93ZEj-cI0UwB3BUTr17ervHcQUd4lgCIkC-wZleSi1aRquRSLSjq_8z_AkvpfL0

Take our country back for a brighter future this November! Vote for a better, more inclusive, more just America! Vote to end racism and hate! Vote Trump and the GOP out on every level!🇺🇸👍🏼🗽⚖️

PWS

07-08-20

🏴‍☠️☠️⚰️KAKISTOCRACY WATCH: AILA Blasts Appointment Of Prosecutors Without Judicial Qualifications To Top Judicial Positions in Billy the Bigot’s Weaponized Anti-Due-Process “Court” System — Dysfunction, Bias, Illegitimate Decisions Run Rampant As Congress, Article IIIs Fail to Enforce U.S. Constitution!

Trump Administration Makes Immigration Courts an Enforcement Tool by Appointing Prosecutors to Lead

CONTACTS:
George Tzamaras
202-507-7649
gtzamaras@aila.org
Belle Woods
202-507-7675
bwoods@aila.org

 

WASHINGTON, DC — The American Immigration Lawyers Association (AILA) condemns the Trump administration’s recent ramp-up of efforts to turn the immigration court system into an enforcement tool rather than an independent arbiter for justice. The immigration courts are formally known as the Executive Office for Immigration Review (EOIR) and are overseen by the Department of Justice (DOJ).

AILA President Jennifer Minear, noted, “AILA has long advocated for an independent immigration court, one that ensures judges serve as neutral arbiters of justice. This administration has instead subjected the courts to political influence and exploited the inherent structural flaws of the DOJ-controlled immigration courts, which also prosecutes immigration cases at the federal level. The nail in the coffin of judicial neutrality is the fact that the administration has put the courts in the control of a new Chief Immigration Judge who has no judicial experience but served as ICE’s chief immigration prosecutor. No less concerning is DOJ’s recent choice for Chief Appellate Immigration Judge – an individual who also prosecuted immigration cases and advised the Trump White House on immigration policy. This administration continues to weaponize the immigration courts for the sole purpose of accelerating deportations rather than dispensing neutral justice. Congress must investigate these politically motivated appointments and pass legislation to create an independent, Article I immigration court.”

Among the recent actions taken by this administration to bias the immigration courts:

More AILA resources on the immigration courts can be found at: https://www.aila.org/immigrationcourts.

Cite as AILA Doc. No. 20070696.

 

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

As a friend and former colleague said recently “I would have thought that the one thing everyone could get behind, regardless of political philosophy, would be a neutral court system.” Sadly, not so in today’s crumbling America.

There are three groups blocking the way:

  • The Trump Administration, where due process only applies to Trump and his corrupt cronies;
  • GOP legislators whose acquittal of Trump against the overwhelming weight of the evidence shows exactly what due process means to them;
  • Five GOP-appointed Justices on the Supremes who don’t believe that due process applies to all persons in the US, notwithstanding the “plain language” of Article 5 of our Constitution — particularly if those persons have the misfortune to be asylum seekers of color.

The end result is “Dred Scottification” — that is, dehumanization or “de-personification” of “the other.” The GOP has made it a centerpiece of their failed attempt to govern, from voter suppression, to looting the Treasury for the benefit of the rich and powerful, to immunity for law enforcement officers who kill minorities, to greenlighting cruel, inhuman,and counterproductive treatment of lawful asylum seekers and immigrants. Not surprisingly, this essentially “Whites Only” view of social justice is ripping our nation apart on many levels.

I find it highly ironic that at the same time we are rightfully removing statutes of Chief Justice Roger Taney, a racist who authored the infamous Dred Scott Decision, Chief Justice Roberts and four of his colleagues continue to “Dred Scottify” asylum seekers and other immigrants, primarily those of color, by denying them the due process, fundamental fairness, fair and impartial judges, and, perhaps most of all, racist-free policies that our Constitution demands! 

Compare the “due process” afforded Trump by the GOP Senate and the pardon of a convicted civil and human rights abuser like “Racist Sheriff Joe” with the ugly and dishonest parody of due process afforded Sister Norma’s lawful asylum seekers whose “crime” was seeking fair treatment, justice, and an acknowledgement of their humanity from a nation that has turned it’s back on those values. 

https://immigrationcourtside.com/2020/07/06/%f0%9f%98%8e%f0%9f%97%bd%e2%9a%96%ef%b8%8fgood-news-9th-cir-deals-another-blow-to-stephen-millers-illegal-white-nationalist-war-on-asylum-now-will-the-supremes-majority-stan/

What Sister Norma’s article did not mention is that those who survive in Mexico long enough to get to “court” have their asylum claims denied at a rate of about 99% by an unfair system intentionally skewed and biased against them. Most experts believe that many, probably a majority, of those being denied actually merit protection under a fair and impartial application of our laws. 

But, as pointed out by AILA, that’s not why Billy the Bigot has appointed prosecutors as top “judges” and notorious asylum deniers as “appellate judges.” He intends to perpetuate a highly unfair “deportation railroad” designed by infamous White Nationalist racist Stephen Miller. In other words, our justice system is being weaponized in support of an overtly racist agenda formulated by a racist regime that has made racism the centerpiece of its pitch for remaining in office. Incredible! Yet true!

The Supremes have life tenure. But, the other two branches of our failing Government don’t. And, a better Executive and a better Legislature that believe in our Constitution and equal justice for all is a necessary start on a better Federal Judiciary — one where commitment to due process, fundamental fairness, and equal justice for all is a threshold requirement for future judicial appointments. Time to throw the “non-believers” and their enablers out of office.

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

PWS

07-07-20

MICHAEL GERSON @ WASHPOST: Trump Is Without Morality, Human Decency, Integrity, or Intelligence — Just Why Is This Vile Racist Who Is The Wrong Man For Our Time Still In Office & Threatening The Safety & Security of Every American?☠️🤮⚰️👎🏻🏴‍☠️

 

https://www.washingtonpost.com/opinions/if-trump-ignored-bounties-on-us-soldiers-this-represents-a-new-level-of-debasement/2020/06/29/4901633e-ba36-11ea-8cf5-9c1b8d7f84c6_story.html

. . . .

Discerning a hierarchy of depravity among Trump’s provocations is not easy. His increasingly strident racism is complicating America’s reckoning with current injustices and grave historical crimes. His politically motivated sabotage of essential public health measures has likely cost thousands of lives. But there is something uniquely debased about a commander in chief who receives the salutes of soldiers while his administration does nothing about credible information on a plot to kill them.

And that is what the Trump administration seems to have done. If, as reported by multiple news sources, the White House was informed in March that Russian intelligence units were placing bounties on the heads of U.S. troops in Afghanistan, then the administration’s silence and inaction have been a form of permission.

The president’s claim of ignorance is not credible. This act of aggression would be a major escalation by a strategic rival. If the United States received intelligence about the bounties, and if response options were considered at a high level within the White House, there is simply no way the president and his senior staff would have been kept in the dark. It is information directly pursuant to Trump’s function as commander in chief.

. . . .

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

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

Sadly, Michael, the answer to the question I posed above is “the modern GOP.” 

You really appear to be a decent human being and a courageous writer. How did you ever fall in with such a disreputable gang as the GOP?

Anyway, glad you finally have seen the light. My parents were Republicans. But, to state the obvious, this isn’t your parents’ (or at least my parents’) GOP. Apparently, not yours either. Which is a good thing — at least a start.

PWS

07-01-20

FELIPE DE LA HOZ @ THE NATION: “The Shadow Court Cementing Trump’s Immigration Policy” — “It’s not a court anymore, it’s an enforcement mechanism,” said Paul Wickham Schmidt, who was himself chair of the BIA between 1995 and 2001 and now writes a popular immigration blog called Immigration Courtside. “They’re taking predetermined policy and just disguising it as judicial opinions, when the results have all been predetermined and it has nothing to do or little to do with the merits of the cases.”

🏴‍☠️⚰️☠️👎

 

https://www.thenation.com/authors/felipe-de-la-hoz/

 

Just eight miles from the White House, the Trump administration has quietly opened a new front in its war against immigrants. Inside a 26-story office tower next to a Target in Falls Church, Virginia, the Board of Immigration Appeals has broken with any pretense of impartiality and appears to be working in lockstep with the administration to close the door on immigrants’ ability to remain in the country.

Created in 1940, when the immigration system was moved from the Department of Labor to the Justice Department, BIA serves as the appellate court within the immigration system, where both ICE prosecutors and noncitizen respondents can appeal decisions by individual immigration court judges around the country. It not only decides the fate of the migrants whose cases it reviews; if it chooses to publish a decision, it sets precedent for immigration courts across the country.

Under previous administrations, the BIA was ostensibly impartial and bipartisan, though mainly out of a long-standing tradition of promoting judicial objectivity. Since the entire immigration court system is contained in the Department of Justice—within an administrative agency known as the Executive Office for Immigration Review (EOIR)—immigration judges, including those serving as board members on the BIA, are employees of the DOJ, and, by extension, are part of the executive branch. Unlike their counterparts in the federal judiciary, immigration judges are not independent.

TOP ARTICLES2/5READ MOREPence Masks Up While Trump Keeps Dog-Whistling

Since 2018, the Trump administration has exploited its powers over the BIA by expanding the board from 17 to 23 members to accommodate additional anti-immigrant hardliners. Justice Department memos obtained by the American Immigration Council and the American Immigration Lawyers Association (AILA) show that EOIR pushed shorter hiring timelines, which were used to bring on judges with more restrictionist records.

Now the court is stacked with members who have consistently ruled against immigrants, such as one judge who threatened to unleash a dog on a two-year-old boy during a hearing. Numbers obtained by a law firm through a Freedom of Information Request show that the six BIA judges appointed by Attorney General William Barr all had granted asylum in less than 10 percent of cases in fiscal year 2019. (One never granted asylum, despite hearing 40 cases.) An EOIR spokesperson told The Nation in an e-mail that“EOIR does not choose Board members based on prohibited criteria such as race or politics” and that “Board members are selected through an open, competitive, merit-based process.”

The most notable example of the administration’s preference for ultraconservative judges came in late May, when Barr appointed David H. Wetmore as BIA chairman. Wetmore, a former immigration adviser to the White House Domestic Policy Council, was around for some of the Trump administration’s most egregious policies, including the travel ban and family separation policy.

Although only two decisions have been issued since Wetmore was appointed chair, he seems set to pick up where his predecessor, former Acting Chair Garry G. Malphrus, left off. Malphrus, a George W. Bush holdover, became the face of the court’s lurch to curtail immigrants’ legal protections since Trump took office. He had the hawkish bona fides that made him an ideal chairman under the Trump DOJ: From 1997 to 2001, he served as chief counsel to one-time segregationist Senator Strom Thurmond on the Senate Judiciary Committee, and he was made associate director of the White House Domestic Policy Council after his roleas a Brooks Brothers rioter during the 2000 Bush v. Gore recount in Florida—during which GOP operatives staged a protest that disrupted a recount and may have handed Bush the presidency.

Malphrus was made acting chair in 2019, and authored 24 of the 78 BIA precedential decisions issued under the current administration. Almost all of these precedential decisions have made it more difficult for immigrants to win their cases. The board made it harder for victims of terrorism to win asylum and raised the bar of evidence needed for several types of protections.

“It’s not a court anymore, it’s an enforcement mechanism,” said Paul Wickham Schmidt, who was himself chair of the BIA between 1995 and 2001 and now writes a popular immigration blog called Immigration Courtside. “They’re taking predetermined policy and just disguising it as judicial opinions, when the results have all been predetermined and it has nothing to do or little to do with the merits of the cases.”

Consider this: In a case decided in January, the BIA was considering whether an immigration judge had erred in refusing to postpone a removal decision for a person awaiting a decision on a U visa application—a visa type reserved for victims of certain crimes or those cooperating with authorities investigating a crime—to be resolved. (ICE had recently changed their policies to make it easier to deport people in this situation.) The BIA sided with the judge, acknowledging that the crime victim was “eligible for a U visa” but was not entitled to wait to receive it, in part due to his “lack of diligence in pursuing” one. The decision signals that immigrants eligible for crime victim visas, and who are willing to cooperate with law enforcement, can still be ordered deported.

While federal courts hear public oral arguments and largely deliberate openly, the BIA typically uses a paper review method, which means they receive briefs from opposing parties and hand down a decision some time later with the whole intervening process shrouded in secrecy. “Unlike federal courts, where unpublished decisions are still accessible by the public, and so you can track what judges are saying in decisions that do not make precedent, the [BIA] only sporadically releases those decisions,” said Aaron Reichlin-Melnick, policy counsel at the American Immigration Council.

. . . .

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

 

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

 

Filipe’s final point in the article is one we should all keep in mind:

 

For hundreds of thousands of immigrants, it doesn’t matter if the anti-immigrant paper pushers in this obscure administrative body are tossed out and all of the policy is slowly reversed by another administration; for most, one shot is all they get. Whether a case was winnable before or even after the Trump BIA is irrelevant. The chance to stay in the United States will be lost forever.

The damage to our humanity and our national conscience inflicted by Trump’s White Nationalist regime, wrongfully enabled by complicit Supremes, and aided and abetted by a GOP Senate will not be “cured” by inevitable later “reforms,” be they next year under a better Administration or decades from now, as is happening with other racial justice issues. Undoubtedly, as eventually will be established, the current anti-immigrant and particularly the anti-asylum policies of the Trump regime are deeply rooted in racism, xenophobia, and misogyny. One need only look at the well-documented careers of “hate architects” like Stephen Miller, Steve Bannon, and Jeff Sessions to see the intentional ignorance and ugliness at work here.

I frankly don’t see how we as a nation ever can come to grips with the racial tensions and demands for equal justice now tearing at our society without recognizing the unconscionable racism and immorality driving our current immigration and refugee policies and the failure and untenability of too many leaders in all three branches who have either helped promote racial injustice or have lacked the moral and intellectual courage consistently to stand up against it. They are the problem, and their departure or disempowerment, no matter how long it takes, will be necessary for us eventually to move forward as one nation.

Due Process Forever!

PWS

06-30–20

 

WACKO-IN-CHIEF’S FINAL DESTRUCTION OF LEGAL IMMIGRATION SYSTEM BARS WORK VISAS FOR THOSE NEEDED FOR ECONOMIC RECOVERY — Xenophobic Move So Dumb & Counterproductive That Even Trump Tool L. Graham Forced to Feebly Dissent!

https://thehill.com/homenews/senate/503985-graham-trump-visa-order-will-have-a-chilling-effect-on-our-economic-recovery

Rebecca Klar reports for The Hill:

Sen. Lindsey Graham (R-S.C.) said Monday that the order President Trump signed earlier in the day suspending,  with some exceptions for health care and other “essential workers,” certain temporary work visas through the end of the year will have a “chilling effect” on the nation’s economic recovery amid the coronavirus pandemic.

“This decision, in my view, will have a chilling effect on our economic recovery at a time we should be doing all we can to restore the economy,” Graham said in a series of tweets.

. . . .

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

Read Rebecca’s full article at the above link.

Of course, if Graham, Mitch, and their GOP buddies in the Senate and House really wanted to rein in Trump they could. Just get together with Nancy Pelosi and Chuck Schumer and pass by veto-proof margins legislation countermanding or amending Trump’s order.

But, that would require action, not just babbling. 

In the meantime, Trump has succeeded in totally destroying the U.S. legal immigration and refugee system that has taken decades to build.  And, the institutions that could and should have stopped him failed.

PWS

06-23-22

🏴‍☠️☠️🤮TWO NEW ITEMS FROM IMMIGRATIONPROF BLOG SHOW A MALICIOUSLY INCOMPETENT AND CORRUPT TRUMP REGIME IMMIGRATION BUREAUCRACY THAT BELIEVES AND FUNCTIONS LIKE IT IS ABOVE THE LAW, ACCOUNTABILITY, & HUMAN MORALITY!

TWO NEW ITEMS FROM IMMIGRATIONPROF BLOG SHOW A MALICIOUSLY INCOMPETENT AND CORRUPT TRUMP REGIME IMMIGRATION BUREAUCRACY THAT BELIEVES AND FUNCTIONS LIKE IT IS ABOVE THE LAW, ACCOUNTABILITY, & HUMAN MORALITY!

https://lawprofessors.typepad.com/immigration/2020/06/gao-says-customs-and-border-protection-spent-migrant-medical-funds-on-dirt-bikes.html

Friday, June 12, 2020

GAO Says Customs and Border Protection Spent Migrant Medical Funds on Dirt Bikes

By Immigration Prof

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McCord Pagan for Law360 reports that U.S. Customs and Border Protection (CBP) violated the law by taking funds designated by Congress for consumables and medical care for migrants and instead used some of the money for its canine program, dirt bikes and upgrades to its computer system, according to the U.S. Government Accountability Office (GAO).

While CBP spent some of the designated funds on baby products, food, defibrillators, and masks, CBP violated the law by spending certain funds meant for such migrant care on canines, boats, dirt bikes, ATVs, a vaccine program for its employees, and upgrades to its computer network, sewer system, as well as janitorial services, according to the GAO report.

The 2019 law providing supplemental funds to CBP to help address a surge of migrants crossing the U.S.-Mexico border designated about $112 million to CBP for “consumables and medical care.”

“We conclude that CBP violated the purpose statute when it obligated amounts expressly appropriated for consumables and medical care and establishing and operating migrant care and processing facilities for other purposes,” according to the GAO opinion. The Congressional watchdog is conducting an audit of CBP and the U.S. Department of Homeland Security on the care of the adults and children in its custody, it said.

In response to GAO’s findings, a CBP spokesperson sent Law360 a statement calling the violations “technical in nature” and said it will take prompt remedial action.

Nick Miroff for the Washington Post also reports on the story.

KJ

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Thursday, June 11, 2020

District Court Halts ICE Enforcement Operations at New York Courthouses

By Immigration Prof

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U.S. District Judge Jed S. Rakoff

For several years, the Chief Justice of California has sought to keep Immigration and Customs Enforcement (ICE) away from the California courts.  Last year, a federal judge in Massachusetts blocked ICE courthouse arrests there.

CNN reports the latest skirmish between the state courts and federal immigration enforcement.

U.S. District Judge Jed S. Rakoff issued an order yesterday blocking ICE from making arrests in New York courts, finding that the practice is illegal.  The introductory paragraph of his ruling reads as follows:

 

“Recent events confirm the need for freely and fully functioning state courts, not least in the State of New York. But it is one thing for the state courts to try to deal with the impediments brought on by a pandemic, and quite another for them to have to grapple with disruptions and intimidations artificially imposed by an agency of the federal government in violation of long-standing privileges and fundamental principles of federalism and of separation of powers.”

 

State and local officials argue that when ICE officers apprehends immigrants at courthouses — where they are making appearances as defendants, witnesses or victims — it endangers public safety by making it harder to prosecute crimes.

 

ICE has defended the arrests, saying apprehending people in controlled settings is safer than arresting them on the streets.

 

KJ

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

Baby jails, stealing from kids, interfering with the administration of justice. Just another day in the Disunited Kakistocracy of Trump.

These situations result in part from a feckless Congress led by Mitch and a failed Supremes led by Roberts who won’t stand up for our Constitutional rights and restrain an obviously corrupt and lawless Executive with a racist agenda.

It’s no surprise that much of Trump’s wrongdoing is exposed by the Government’s own ”watchdogs.” Unlike GAO, which works for Congress, those in the Executive Branch often are then unethically fired by Trump as Congress and the Supremes fail to stand up for honesty in Government. Worse yet, they fail to protect public employees who courageously expose corruption.

And, the high ranking legislators and judges who have watched and enabled Trump’s scurrilous attacks on our Constitution and human values ultimately bear much of the responsibility! As my friend Ira Kurzban would say, “this is not normal.” “Normalizing” and “enabling” illegal, unethical, and racist-driven behavior is obscene. If “watchdogs” and U.S. District Court Judges can speak out against lawless actions and corruption, how is it that Mitch, Roberts, and the rest of the GOP have “swallowed the whistle?”

PWS

06-12-20

06-12-20

EX-US JUDGE UNLOADS TRUTH IN USDC FILING ABOUT BILLY BARR’S ATTEMPT TO SUBVERT JUSTICE BY UNDOING FLYNN PROSECUTION: Corrupt, Dishonest, Unethical, Unprofessional – DOJ’s Request to Dismiss Flynn Prosecution is “Preposterous” – Our Police Departments Aren’t The Only Part of Our Foundering, Rudderless, & Disturbingly Ineffective, Racially & Morally “Tone-Deaf” Justice System That Needs Substantial & Meaningful Reform!        

Pete Williams
Pete Williams
Justice Correspondent
NBC News

https://www.nbcnews.com/politics/justice-department/preposterous-court-appointed-lawyer-michael-flynn-case-slams-doj-attempt-n1229336

 

Pete Williams reports for NBC News:

 

WASHINGTON — The retired judge appointed to act as a friend of the court in the Michael Flynn case strongly urged the court Wednesday not to let the Justice Department abandon the prosecution.

In a scorching 83-page submission, John Gleeson said the government’s move to drop the case was “riddled with inexplicable and elementary errors of law and fact,” which were contradicted by the positions it has taken in other false statement cases and by its own previous court filings about Flynn’s conduct as well as his decisions to plead guilty twice.

“Even recognizing that the Government is entitled to deference in assessing the strength of its case, these claims are not credible,” the retired judge wrote. “Indeed, they are preposterous. For starters — and most unusually — they are directly and decisively disproven by the Government’s own briefs filed just months ago in this very proceeding.”

Gleeson said judges must ordinarily defer to the wishes of the Justice Department about whether to pursue a prosecution, but not when the motives of the government are suspect. In Flynn’s case, the government’s move to dismiss the case “is based solely on the fact that Flynn is an ally of President Trump.”

Federal District Court Judge Emmet Sullivan of Washington appointed Gleeson to submit arguments about why the government should not be allowed to drop the case, so that Sullivan could consider both sides.

The appointment came after the Justice Department last month asked the judge to dismiss the case, having determined that even if Flynn lied to FBI agents in early 2017 about his phone calls with Russia’s ambassador to the U.S., his lies were not “material” to any investigation and did not, therefore, violate the false statement law at the heart of his case.

Flynn told the FBI that he did talk to Ambassador Sergey Kislyak during the Trump transition but denied that they talked about Russia’s response to the latest Obama sanctions or about a forthcoming UN vote. He later admitted that both those statements were untrue.

Those statements, Gleeson said, were clearly important to the FBI’s investigation into potential connections between the Trump campaign and the Russian government.

“It is hard to conceive of a more material false statement than this one,” Gleeson said.

Gleeson said without any firm legal basis for wanting to drop the case, the only other reason must be Flynn’s relationship with Trump. Wednesday’s brief noted that the president tweeted or re-tweeted about Flynn at least 100 times since March 2017.

Clearly the president is personally invested in ensuring that Flynn’s prosecution ends, Gleeson said, adding, “Everything about this irregular.”

. . . .

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

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

Add this to the absolute legal, ethical, constitutional, and management disaster going in in the U.S. Immigration Courts under Barr’s “maliciously incompetent” management, and the case for removing him from office is overwhelming. Won’t happen. But, it should!

Actually, filing a “preposterous motion” backed by clearly untrue assertions is a clear violation of an attorney’s role as an “officer of the court” owing “candor to the tribunal.” If Barr were a private practitioner, it would likely earn him a referral to his state bar authorities for possible discipline or license revocation.

But, in Federal Courts these days the “undue deference” and unfairly favorable treatment of DOJ attorneys continues. It has actually been institutionalized, and even unjustly rewarded, by the Supremes. Talk about encouraging worst practices and highlighting “negative role models!”

The whole ethical debacle of the Trump Administration DOJ and the overall feckless performance of our Federal Courts, particularly the Supremes and certain Circuit Courts of Appeals, at halting clear Executive abuses and requiring honesty and professionalism (including rejecting racist or religiously bigoted agendas) from the Federal Government before tribunals cries out for a serious re-examination of: 1) who should be sitting on the Federal Bench; 2) what ethical standards they should be held to; and 3) the undue favoritism and leniency traditionally shown by Federal Courts to Government lawyers engaging in misrepresentations, sloppy work, promoting pretexts for overtly racist agendas, and constantly using dilatory litigation tactics intended to punish individual litigants for asserting their legal rights.

The last three years have shown that better Federal Judges and much more courageous, effective judicial leadership committed to guaranteeing due process and fairness for all is absolutely necessary for our nation to achieve “equal justice under law.” The current sorry state of the Article III Judiciary shows that police departments are not the only part of our broken justice system that needs reform and some “different faces” to achieve equal justice under law. As a nation, we can’t achieve social and racial justice with the gang that promoted, enabled, and in some cases even encouraged injustice in charge. And, that goes for all three failed branches of our Federal Government.

George Floyd’s death should never have happened; nor should families be separated, kids put in cages, legal asylum applicants told to rot in Mexico, and Billy Barr be allowed to operate unconstitutional “Star Chambers” masquerading as “courts” (when they are nothing of the sort). The problems in our justice system go much deeper than the Minneapolis Police Department!

Yes, they can be solved! But, not without some new faces, new approaches, and some progressive thinking and input from all of society, particularly our younger generations! You have to believe in equal justice to achieve equal justice! We can’t get there with the current gang of “non-believers” in charge and promoting their failed, and all too often overtly or covertly racially biased, agendas.

Due Process Forever!

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

PWS

06-11-20

 

 

MILLER, OTHER TRUMP WHITE NATIONALISTS SEEK TO FURTHER DISHONESTLY EXPLOIT THE PANDEMIC TO ENACT NATIVIST IMMIGRATION PROGRAM W/O CONGRESS – Counting On Supremes & Feckless Federal Courts To Go “Belly Up” On Regime’s Racist, Xenophobic Agenda!

Priscilla Alvarez
CNN Digital Expansion 2019, Priscilla Alvarez
Politics Reporter, CNN

https://apple.news/A4blmWGWoQ1GmZyfSpSkpUw

Priscilla Alvarez reports for CNN:

White House prepares new immigration limits, using coronavirus as cover

7:40 PM EDT June 9, 2020
Washington

The Trump administration is preparing to roll outanother set of restrictions on legal immigration, citing the impact of the coronavirus pandemic, even as it argues for the reopening of the US economy, according to sources familiar with the deliberations.

Despite a push from President Donald Trump to move past the pandemic, the administration is continuing to usher forward immigration measures, citing the outbreak and its toll on the economy.

One of the key figures behind the push to limit immigration is Stephen Miller, Trump’s lead immigration adviser and the architect of the President’s hardline immigration agenda. In April, Trump signed an executive order barring some immigration to the US after teasing an outright ban on immigration to the country. Trump argued that the order was needed to protect American jobs.

Against the backdrop of the coronavirus pandemic, the administration has pressed forward with a series of immigration measures that, prior to coronavirus, had struggled to break through. Among those changes is the closure of the southern border to migrants, including those seeking asylum, unless certain conditions are met.

After the President’s April proclamation, Miller cast the move as a first step toward reducing the flow of immigrants coming into the United States. That proclamation set up deadlines for review, one of which is approaching this weekend, and left the possibility open for its extension or modification.

The economic argument is expected to be raised again in an anticipated expansion or new immigration executive order. While Trump has touted recent job numbers,unemployment numbers remain high — though businesses have said in a series of letters to the President that continued immigration is important for economic recovery.

Interest groups, businesses and experts are fighting any new restrictions, saying that visas allowing immigrants to temporarily work in the US are critical to the economy.

“Why would he want to cut off critical workforce that will help the economy recover?” said Greg Chen, director of government relations for the American Immigration Lawyers Association.

“It’s not a rational or reasonable approach to the stated goals of what they’re trying to achieve, which only points to the underlying purpose of effectuating the President’s campaign goals of cutting off immigration,” Chen added.

Trump pledged the previous order would “ensure that unemployed Americans of all backgrounds will be first in line for jobs as our economy reopens.”

The White House did not immediately comment for this story.

CNN previously reported that Trump’s political advisers view the immigration steps as motivating for his base supporters at a moment when the President’s key election message — a strong economy — is badly weakened by the pandemic.

Legal immigration, which has already taken a hit during the outbreak, is again in focus in deliberations about an anticipated immigration executive order.

. . . .

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

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

Emboldened by the lack of judicial pushback and absence of legal and moral leadership from the Supremes on racial injustice, the regime is planning an all-out assault on non-white immigration with coronavirus as a cover. Blacks and Latinos have already been disproportionately affected by the Cornoavirus, which has been of little concern to Trump except as it relates to his reelection schemes. Now, sensing lack of support for racial justice from a Federal Judiciary already stacked with far rightists raced by Mitch through the Senate, Trump, Miller, Barr, Wolf, and their cronies see a chance to further their dehumanization and “Dred Scottification” of the other.

Sure, it’s despicable! But, when those whose responsibility it is to promote racial justice and resist Executive abuses go AWOL, that’s what tyrants do! Even incompetent tyrants can sense institutional weaknesses and lack of moral leadership in others.

 

PWS

06-10-20

BIGOTED BULLY BILLY BARR BRUTALLY BATTERS U.S. JUSTICE SYSYEM: B/T/W He Also Runs America’s Most Screwed Up, & Most Clearly Unconstitutional “Court” System Right Under The Noses of Feckless Article III Judges! — It’s Not “Justice” — Just The Open Fraud That Passes For Justice When Democratic Institutions & Moral Leadership Fails — Barr’s DOJ is a “Thugocracy,” Says Post’s Dana Milbank!

Bigoted Bully Billy Barr Brutalizes Justice as Federal Courts Fail
Bigoted Bully Billy Barr Brutalizes Justice as Federal Courts Fail
Dana Milbank
Dana Milbank
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/2020/06/09/so-this-is-why-bill-barr-is-such-bully/

Milbank writes in WashPost:

Police in Buffalo shove a 75-year-old man to the ground and blood pours from his ear. Police in Brooklyn knock down a young woman and call her a “bitch” because she asked why she had to leave the street. Federal authorities in Washington fire tear gas at peaceful demonstrators, then lie about it.

Get the feeling law enforcement in this country is being run by a middle-school bully?

If so, you are not wrong.

Childhood bullies have a predisposition to become adult bullies, research shows, and, sure enough, it seems Attorney General William Barr was a teenage bully more than 50 years ago.

Back in 1991, during Barr’s confirmation to be George H.W. Bush’s attorney general, lawyer Jimmy Lohman, who overlapped with Barr at New York’s Horace Mann School and later Columbia University, wrote a piece for the little-known Florida Flambeau newspaper about Barr being “my very own high-school tormentor” — a “classic bully” and “power abuser” in the 1960s who “put the crunch on me every chance [he] got.”

Nobody noticed the Flambeau piece at the time, but Lohman posted it on Facebook when President Trump nominated Barr in 2018, and it took on “a life of its own,” Lohman told me Tuesday from Austin, where Post researcher Alice Crites tracked him down. The article resurfaces in social media each time Barr does something unconscionable — which is often.

The 1991 description of 1963 Barr’s harassment sounds eerily like the 2020 Barr. He “lived to make me miserable,” with a “vicious fixation on my little Jewish ‘commie’ ass,” Lohman alleged, because he wore peace and racial-equality pins. He said the four Barr brothers picketed the school’s “Junior Carnival” because proceeds went to the NAACP, and he alleged that Billy Barr, the “most fanatic rightist” of the four, later “teamed with the New York City riot police to attack anti-war protesters and ‘long hairs.’ ”

The 1991 article says Barr, a “sadistic kid,” has “come a long way from terrorizing seventh graders just because they wore racial equality buttons.” The Justice Department didn’t respond to my request for comment.

Lohman’s account is consistent with Marie Brenner’s reporting for Vanity Fair: “A few who knew the Barr boys came to call them ‘the bully Barrs’; the siblings, these former classmates claimed, could be intimidating.” A petition from Horace Mann alumni asks the school to “rethink” an award for Barr, who “violated our school’s Core Values of Mutual Respect and Mature Behavior.”

Historian Paul Cronin, in Politico this week, says Barr was part of the “Majority Coalition” at Columbia that fought antiwar demonstrators. Barr had told the New York Times Magazine he was part of a “fistfight” in which “over a dozen people went to the hospital.” Cronin noted: “There appears to be no record of any trip to the hospital.”

Now Barr exaggerates violence on a grand scale. After he directed the forceful eviction of peaceful demonstrators from Lafayette Square, he claimed to Fox News on Monday that the image of peaceful demonstrators was “miscreated” to ignore “all the violence that was happening preceding that.” He alleged that there were two “bottles thrown at me” when he surveyed the scene; footage showed him at a safe distance. He charged that previously “things were so bad that the Secret Service recommended that the president go down to the bunker”; Trump claimed it was merely a bunker “inspection.”

. . . .

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

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

Sadistic kid grows up to be racist bully, becomes Attorney General, institutes thugocracy, perverts justice, enabled by courts who look the other way. Wow! What a “great American success story.”

What’s the purpose of an independent life-tenured judiciary that lacks the courage, integrity, and commitment to our Constitution to hold Barr accountable for his attacks on truth, the rule of law, and human decency? 

The road from Buffalo, Minneapolis, and Lafayette Park leads directly to the Supremes’ failure of legal and moral leadership. “Equal justice for all” will never become a reality until we get a Supremes’ majority that actually believes in it and has the guts to make it happen! When judges will neither admit nor engage the problem, they are the problem!

Better judges for a better, fairer, more equal America!

Due Process Forever!

PWS

06-10-20

☠️🤡🥵KAKISTOCRACY KORNER W/ EYORE: Tal Kopan @ SF Chron & Tanvi Misra @ Roll Call Report on Our (Anti) Hero’s Latest Adventures in Fraud, Waste & Abuse @ America’s Most Dysfunctional (Non) Courts! Can Eyore Trample Due Process, Squander Money, & Escape Accountability Forever? — What Happened to Congress & The Article IIIs? — Yeah, Eyore is Justifiably Sad, But Not Very “Lovable” Any More! — Tune In Next Week To See More of Your Taxpayer Money Poured Down the Drain by “Malicious Incompetents” Scheming to Inflict Injustice on The Most Vulnerable Humans!

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”
Tal Kopan
Tal Kopan
Washington Reporter, SF Chronicle

Tal Kopan reports for the SF Chron:

Trump officials cut immigration court interpreters after miscalculating costs, report finds

WASHINGTON — The Trump administration grossly miscalculated budget projections before it cited funding problems to replace many immigration court interpreters in San Francisco and elsewhere with recorded videos, according to a new watchdog report.

The Justice Department began requiring immigration judges to use videos last year to explain the court system at immigrants’ initial appearances instead of in-person interpreters, a move first reported by The Chronicle. The department said the move was necessary to save money.

But an analysis by the department’s inspector general released Tuesday found that Justice Department officials were working off faulty numbers, part of an inaccurate portrayal of the agency’s larger budget situation.

The department “erroneously estimated its yearly interpreter costs by extrapolating a single, unusually high monthly interpreter expense, which was not supported by invoices or other contemporaneous evidence,” the watchdog wrote. “This erroneous estimate adversely affected (the agency’s) leadership’s communication of accurate budget needs to department and congressional decision makers.”

Full story: https://www.sfchronicle.com/politics/article/Trump-officials-cut-immigration-court-15327674.php

 

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

Tanvi Misra
Tanvi Misra
Immigration Reporter
Roll Call

Meanwhile, over at Roll Call, Tanvi Misra reports:

DOJ ‘reassigned’ career members of Board of Immigration Appeals

The nine BIA members, all appointed before Trump took office, had recently rejected buyout offers from DOJ

By Tanvi Misra

Posted June 9, 2020 at 4:55pm

Career members at the Board of Immigration Appeals appointed prior to the Trump administration have been “reassigned” to new roles after they rejected recent buyout offers by the Justice Department.

The step appears to be the latest administrative move that critics say dilutes the independence of an important appeals body by filling it with new hires more willing to carry out the Trump administration’s restrictive immigration policies.

The change was announced in an internal email viewed by CQ Roll Call.

“This is to inform you that effective June 8, 2020, you will be reassigned from your current position as Board Member (Senior Level) to the Appellate Immigration Judge position,” said an email that went out last week to nine career members.

The Board of Immigration Appeals, or BIA, is a 23-member body under the Executive Office of Immigration Review, the Justice Department agency overseeing the immigration court system. Three-member BIA panels review immigration court decisions and issue precedent-setting rulings that shape national immigration law.

Volume 0%

[DOJ memo offered to buy out immigration board members]

The difference between “board member” and “appellate immigration judge” roles goes beyond title, extending to pay ranges and leave policy. Appellate immigration judges also hear cases at both the trial and appellate levels, creating potential conflicts of interests, critics say. Sources familiar with the agency’s personnel matters, who declined to be identified for fear of retaliation, confirmed that all nine career members selected prior to the Trump administration received the email.

CQ Roll Call first reached out to EOIR for confirmation of the reassignments. Agency spokeswoman Kathryn Mattingly said via email that “board member roles and responsibilities are established by regulation and have not changed.”

Asked for additional comment this week once CQ Roll Call viewed the email, Mattingly said: “Adjudicator authorities are established by law and have not changed.”

The reassignment comes after DOJ offered, in an April 17 memo, “voluntary separation incentive payments” to the nine career board members, “individuals whose positions will help us strategically restructure EOIR in order to accommodate skills, technology, and labor markets.”

That memo, authored by EOIR Director James McHenry, noted the window for requesting these incentives closed on May 15. None of the nine career members accepted the offer, according to the sources at EOIR.

Under the Trump administration, the BIA has expanded from 17 members to 23. In addition, a flurry of career members have departed the agency, prompting EOIR to launch successive hiring sprees to fill new openings and vacant positions.

The nine most recent hires to the board include several immigration judges who denied over 90 percent of the asylum requests before them. Some also have a history of formal complaints of bias. The new hires have come on not as “board members” but as “appellate immigration judges.”

Ashley Tabaddor, who heads the immigration judges’ union, the National Association of Immigration Judges, said the “appellate immigration judge position” appeared to be a conflation of the BIA and the immigration judge roles. Adding more appellate immigration judges — who might review trial- and appellate-level cases at the same time — dilutes labor protections and undermines the independence of the immigration court system as a whole, she said.

“Over and over again, they’re just trying to conflate everything into one: ‘They’re all the same and no one should get protection from the union,'” Tabaddor said in an interview. “It’s so transparent that everything that they’re doing is to dismantle any semblance of a traditional court model.”

EOIR has repeatedly denied that accusation.

“Many board members have viewed themselves as appellate immigration judges for years, and EOIR first proposed such a designation in 2000,” the Justice Department said in a May 27 statement. “Elevating trial-level judges to appellate-level courts is common in every judicial system in the United States.”

Government officials also have said the agency has been trying to streamline a lengthy, inefficient hiring process. Recent changes to EOIR hiring procedures “have made the selection process of board members more formalized and neutral,” the department said in its May statement.

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

A link to a complete copy of the IG Report is embedded in Tal’s report above.

Eyore’s Continuing Clown Show 🤡 rolls on, grinding up ☠️ and spitting out 🤮ruined human lives and mocking due process every day! When, oh when, will Congress and/or the Article IIIs do their jobs and put this grotesque spectacle of injustice out of its misery and end the unnecessary and clearly unconstitutional human pain and suffering that it inflicts? Is there no human decency and integrity left anywhere in our failing institutions beyond the regime’s direct control?

After dealing with the Trump Kakistocracy, Eyore probably never figured he’d be followed and exposed by tenacious folks like Tal & Tanvi who actually know more about what’s really happening at America’s  Star Chambers than he does! Why don’t our legislators and judges have the same awareness, courage, and integrity as journalists like Tal and Tanvi? Why have those whose primary job it is to protect the Constitution and the general welfare by holding an overtly corrupt and maliciously incompetent Executive accountable gone “belly up?”

As usual, Judge Tabaddor is “right on.” Any resemblance between EOIR and a “court system” is purely coincidental. But, this mess is all too real for its victims — asylum seekers and other migrants asking for justice. The real question: How do the legislators and life-tenured Article III Judges who ignore and enable these deadly abuses get away with it? How do they sleep at night knowing that Eyore will trample more rights and destroy more lives of  vulnerable fellow humans tomorrow, on “their watch!”

Due Process Forever! Institutional Complicity Never!

PWS

06-10-20

GEORGE PACKER @ THE ATLANTIC: With Failed Institutions & Lousy Leaders, Including a President Leading the Charge to the Bottom, America Faces An Uncertain Future — “A responsible establishment doesn’t exist. Our president is one of the rioters.” — Joe Biden & The Dems Could Be The Last, Best Hope For American Democracy & Real Progress Toward “Equal Justice For All!”

George Packer
George Packer
American Journalist, Author, Playwright

https://apple.news/A-6795FCPQU6LRBMW1_nzvw

Packer writes in The Atlantic:

IDEAS

Shouting Into the Institutional Void

Demonstrators are hammering on a hollowed-out structure, and it very well may collapse.

The urban unrest of the mid-to-late 1960s was more intense than the days and nights of protest since George Floyd was murdered by a Minneapolis policeman. More people died then, more buildings were gutted, more businesses were ransacked. But those years had one advantage over the present. America was coming apart at the seams, but it still had seams. The streets were filled with demonstrators raging against the “system,” but there was still a system to tear down. Its institutions were basically intact. A few leaders, in and outside government, even exercised some moral authority.

In July 1967, immediately after the riots in Newark and Detroit, President Lyndon B. Johnson created a commission to study the causes and prevention of urban unrest. The Kerner Commission—named for its chairman, Governor Otto Kerner Jr. of Illinois—was an emblem of its moment. It didn’t look the way it would today. Just two of the 11 members were black (Roy Wilkins, the leader of the NAACP, and Edward Brooke, a Republican senator from Massachusetts); only one was a woman. The commission was also bipartisan, including a couple of liberal Republicans, a conservative congressman from Ohio with a strong commitment to civil rights, and representatives from business and labor. It reflected a society that was deeply unjust but still in possession of the tools of self-correction.

The commission’s report, written by the executive director, David Ginsburg, an establishment liberal lawyer of New Deal vintage, appeared at the end of February 1968. It became an instant million-copy best seller. Its language is bracing by the standards of any era: “What white Americans have never fully understood—but what the Negro can never forget—is that white society is deeply implicated in the ghetto. White institutions created it, white institutions maintain it, and white society condones it.” The report called for far-reaching policy reforms in housing, employment, education, and policing, to stop the country from becoming “two societies, one black, one white—separate and unequal.”

[Anne Applebaum: History will judge the complicit]

It was too much for Johnson, who resented not being credited for his efforts to achieve civil rights and eradicate poverty, and whose presidency had just been engulfed by the Tet Offensive in South Vietnam. He shelved the report. A few weeks later, on the evening of April 4, Martin Luther King Jr. was killed in Memphis. The next night, Johnson—who had just announced that he wouldn’t run for reelection—spoke to a country whose cities were burning from coast to coast. “It is the fiber and the fabric of the republic that’s being tested,” he said. “If we are to have the America that we mean to have, all men of all races, all regions, all religions must stand their ground to deny violence its victory in this sorrowful time, and in all times to come. Last evening, after receiving the terrible news of Dr. King’s death, my heart went out to his family and to his people, especially to the young Americans who I know must sometimes wonder if they are to be denied a fullness of life because of the color of their skin.” To an aide, he was more blunt in assessing the uprising: “What did you expect? I don’t know why we’re surprised. When you put your foot on a man’s neck and hold him down for 300 years, and then you let him up, what’s he going to do? He’s going to knock your block off.”

King’s murder and the riots it sparked propelled Congress to pass, by an overwhelming and bipartisan margin, the decade’s last major piece of civil-rights legislation, the Civil Rights Act of 1968, which enforced fair standards in housing. Johnson signed it on April 11. It was too late. The very best reports, laws, and presidential speeches couldn’t contain the anger in the streets. That year, 1968, was when reform was overwhelmed by radicalization on the left and reaction on the right. We still live in the aftermath. The language and ideas of the Kerner Report have haunted the years since—a reminder of a missed chance.

The difference between 1968 and 2020 is the difference between a society that failed to solve its biggest problem and a society that no longer has the means to try. A year before his death, King, still insisting on nonviolent resistance, called riots “the language of the unheard.” The phrase implies that someone could be made to hear, and possibly answer. What’s happening today doesn’t feel the same. The protesters aren’t speaking to leaders who might listen, or to a power structure that might yield, except perhaps the structure of white power, which is too vast and diffuse to respond. Congress isn’t preparing a bill to address root causes; Congress no longer even tries to solve problems. No president, least of all this one, could assemble a commission of respected figures from different sectors and parties to study the problem of police brutality and produce a best-selling report with a consensus for fundamental change. A responsible establishment doesn’t exist. Our president is one of the rioters.

After half a century of social dissolution, of polarization by class and race and region and politics, there are no functioning institutions or leaders to fail us with their inadequate response to the moment’s urgency. Levers of influence no longer connect to sources of power. Democratic protections—the eyes of a free press, the impartiality of the law, elected officials acting out of conscience or self-interest—have lost public trust. The protesters are railing against a society that isn’t cohesive enough to summon a response. They’re hammering on a hollowed-out structure, and it very well may collapse.

[James Fallows: Is this the worst year in modern American history?]

If 2020 were at all like 1968, the president would go on national television and speak as the leader of all Americans to try to calm a rattled country in a tumultuous time. But the Trump administration hasn’t answered the unrest like an embattled democracy trying to reestablish legitimacy. Its reflex is that of an autocracy—a display of strength that actually reveals weakness, emptiness. Trump’s short walk from the White House to St. John’s Episcopal Church had all the trappings of a strongman trying to show that he was still master of the country amid reports that he’d taken refuge in a bunker: the phalanx of armored guards surrounding him as he strutted out of the presidential palace; the tear gas and beatings that cleared his path of demonstrators and journalists; the presence of his daughter, who had come up with the idea, and his top general, wearing combat fatigues as if to signal that the army would defend the regime against the people, and his top justice official, who had given the order to raid the square.

William Barr has reacted to the killing of George Floyd like the head of a secret-police force rather than the attorney general of a democratic republic. His first act was not to order a federal investigation into the Minneapolis Police Department, but—as he’s done before—to rush out ahead of the facts and try to control public opinion, by announcing that the violence following Floyd’s death was the work of left-wing agitators. Streets of the nation’s capital are now blocked by security forces from Barr’s Department of Justice—many from the Federal Bureau of Prisons—wearing uniforms that make them impossible to identify, like paramilitary troops with unknown commanders.

The protests have to be understood in the context of this institutional void. They resemble the spontaneous mass cry of a people suffering under dictatorship more than the organized projection of public opinion aimed at an accountable government. They signify that democratic politics has stopped working. They are both utopian and desperate.

[Read: The double standard of the American riot]

Some public figures—politicians, policy experts, civic leaders—have come forward with proposals for changing the mindset and tactics of the police. Terrence Floyd, the brother of the murdered man, urged protesters to educate themselves and vote. But the overwhelming message of the protests is simply “end racism,” which would be a large step toward ending evil itself. The protesters are demanding an absolute, as if they’ve stopped expecting the state to produce anything that falls a little short. For white protesters—who are joining demonstrations on behalf of black freedom and equality in large numbers for the first time since Selma, Alabama, 55 years ago—this demand means ending an evil that lies within themselves. It would be another sign of a hollow democracy if the main energy in the afterglow of the protests goes into small-group sessions on white privilege rather than a hard push for police reform.

. . . .

This is where we are. Trust is missing everywhere—between black Americans and police, between experts and ordinary people, between the government and the governed, between citizens of different identities and beliefs. There’s an election coming in five months. It won’t end racism or the pandemic, or repair our social bonds, or restore our democracy to health. But it could give us a chance to try, if we get that far.

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

Read the rest of Packer’s article at the above link. 

Well said! The only thing missing is specific reference to the toxic failure of the U.S. Supreme Court. 

We once had a Court with the legal experience, ethics, vision, and moral courage to lead America forward toward a more just and equal society. That’s been totally dissipated by years of GOP erosion of the Court’s legal expertise, practical problem-solving ability, humanity, courage, vision of a better future for all in America, and integrity.

The “journey downward and march backward” from Brown v. Board of Education to legal travesties like Trump v. Hawaii and Wolf v. Innovation Law Lab (to name just two glaring examples of the Court’s disgraceful and illegal “Dred Scottification” of the other in our society) is certainly one of the most outrageous, disturbing, and disgusting tales in post-Plessy v. Ferguson American jurisprudence.

The Court’s abject failure to move forward and make voting rights and equal justice for all a reality is in no small measure linked to the death of George Floyd and other Americans of color and the nationwide protests of injustice. Failure of judicial integrity, vision, and leadership — in other words failures of both legal and moral justice —  imperils our nation and many of its inhabitants. 

America already faces long-term threats to our justice system and those it supposedly serves from the irresponsible and poorly-qualified life-tenured judicial appointments of Trump and the Mitch-led GOP. To them, things like “equal justice for all,” “voting rights,” “due process for all,” “women’s rights,” and “human rights” are just cruel hoaxes — things to be privately mocked, publicly “lip-serviced,” then buried forever beneath an avalanche of disingenuous and opaque legal gobbledygook intended to hide their true anti-democratic, White Nationalist enabling intent. The appointment of any more Justices along the lines of the “J.R. Five” likely would be the final “nail in the coffin” for our democratic republic! 🏴‍☠️👎🏻🥵

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

PWS

06-06-20

ANNE APPLEBAUM @ THE ATLANTIC: “History Will Judge the Complicit: Why have Republican leaders abandoned their principles in support of an immoral and dangerous president?” ☠️👎🏻

Anne Applebaum
Anne Applebaum
American Journalist & Historian

https://apple.news/Al__dZnidS7iBkjiQiuWRfg

. . . .

In February, many members of the Republican Party leadership, Republican senators, and people inside the administration used various versions of these rationales to justify their opposition to impeachment. All of them had seen the evidence that Trump had stepped over the line in his dealings with the president of Ukraine. All of them knew that he had tried to use American foreign-policy tools, including military funding, to force a foreign leader into investigating a domestic political opponent. Yet Republican senators, led by Mitch McConnell, never took the charges seriously. They mocked the Democratic House leaders who had presented the charges. They decided against hearing evidence. With the single exception of Romney, they voted in favor of ending the investigation. They did not use the opportunity to rid the country of a president whose operative value system—built around corruption, nascent authoritarianism, self-regard, and his family’s business interests—runs counter to everything that most of them claim to believe in.

Just a month later, in March, the consequences of that decision became suddenly clear. After the U.S. and the world were plunged into crisis by a coronavirus that had no cure, the damage done by the president’s self-focused, self-dealing narcissism—his one true “ideology”—was finally visible. He led a federal response to the virus that was historically chaotic. The disappearance of the federal government was not a carefully planned transfer of power to the states, as some tried to claim, or a thoughtful decision to use the talents of private companies. This was the inevitable result of a three-year assault on professionalism, loyalty, competence, and patriotism. Tens of thousands of people have died, and the economy has been ruined.

This utter disaster was avoidable. If the Senate had removed the president by impeachment a month earlier; if the Cabinet had invoked the Twenty-Fifth Amendment as soon as Trump’s unfitness became clear; if the anonymous and off-the-record officials who knew of Trump’s incompetence had jointly warned the public; if they had not, instead, been so concerned about maintaining their proximity to power; if senators had not been scared of their donors; if Pence, Pompeo, and Barr had not believed that God had chosen them to play special roles in this “biblical moment”—if any of these things had gone differently, then thousands of deaths and a historic economic collapse might have been avoided.

The price of collaboration in America has already turned out to be extraordinarily high. And yet, the movement down the slippery slope continues, just as it did in so many occupied countries in the past. First Trump’s enablers accepted lies about the inauguration; now they accept terrible tragedy and the loss of American leadership in the world. Worse could follow. Come November, will they tolerate—even abet—an assault on the electoral system: open efforts to prevent postal voting, to shut polling stations, to scare people away from voting? Will they countenance violence, as the president’s social-media fans incite demonstrators to launch physical attacks on state and city officials?

Each violation of our Constitution and our civic peace gets absorbed, rationalized, and accepted by people who once upon a time knew better. If, following what is almost certain to be one of the ugliest elections in American history, Trump wins a second term, these people may well accept even worse. Unless, of course, they decide not to.

When I visited Marianne Birthler, she didn’t think it was interesting to talk about collaboration in East Germany, because everybody collaborated in East Germany. So I asked her about dissidence instead: When all of your friends, all of your teachers, and all of your employers are firmly behind the system, how do you find the courage to oppose it? In her answer, Birthler resisted the use of the word courage; just as people can adapt to corruption or immorality, she told me, they can slowly learn to object as well. The choice to become a dissident can easily be the result of “a number of small decisions that you take”—to absent yourself from the May Day parade, for example, or not to sing the words of the party hymn. And then, one day, you find yourself irrevocably on the other side. Often, this process involves role models. You see people whom you admire, and you want to be like them. It can even be “selfish.” “You want to do something for yourself,” Birthler said, “to respect yourself.”

For some people, the struggle is made easier by their upbringing. Marko Martin’s parents hated the East German regime, and so did he. His father was a conscientious objector, and so was he. As far back as the Weimar Republic, his great-grandparents had been part of the “anarcho-syndicalist” anti-Communist left; he had access to their books. In the 1980s, he refused to join the Free German Youth, the Communist youth organization, and as a result he could not go to university. He instead embarked on a vocational course, to train to be an electrician (after refusing to become a butcher). In his electrician-training classes, one of the other students pulled him aside and warned him, subtly, that the Stasi was collecting information on him: “It’s not necessary that you tell me all the things you have in mind.” He was eventually allowed to emigrate, in May 1989, just a few months before the fall of the Berlin Wall.

In America we also have our Marianne Birthlers, our Marko Martins: people whose families taught them respect for the Constitution, who have faith in the rule of law, who believe in the importance of disinterested public service, who have values and role models from outside the world of the Trump administration. Over the past year, many such people have found the courage to stand up for what they believe. A few have been thrust into the limelight. Fiona Hill—an immigrant success story and a true believer in the American Constitution—was not afraid to testify at the House’s impeachment hearings, nor was she afraid to speak out against Republicans who were promulgating a false story of Ukrainian interference in the 2016 election. “This is a fictional narrative that has been perpetrated and propagated by the Russian security services themselves,” she said in her congressional testimony. “The unfortunate truth is that Russia was the foreign power that systematically attacked our democratic institutions in 2016.”

Lieutenant Colonel Alexander Vindman—another immigrant success story and another true believer in the American Constitution—also found the courage, first to report on the president’s improper telephone call with his Ukrainian counterpart, which Vindman had heard as a member of the National Security Council, and then to speak publicly about it. In his testimony, he made explicit reference to the values of the American political system, so different from those in the place where he was born. “In Russia,” he said, “offering public testimony involving the president would surely cost me my life.” But as “an American citizen and public servant … I can live free of fear for mine and my family’s safety.” A few days after the Senate impeachment vote, Vindman was physically escorted out of the White House by representatives of a vengeful president who did not appreciate Vindman’s hymn to American patriotism—although retired Marine Corps General John Kelly, the president’s former chief of staff, apparently did. Vindman’s behavior, Kelly said in a speech a few days later, was “exactly what we teach them to do from cradle to grave. He went and told his boss what he just heard.”

[Read: John Kelly finally lets loose on Trump]

But both Hill and Vindman had some important advantages. Neither had to answer to voters, or to donors. Neither had prominent status in the Republican Party. What would it take, by contrast, for Pence or Pompeo to conclude that the president bears responsibility for a catastrophic health and economic crisis? What would it take for Republican senators to admit to themselves that Trump’s loyalty cult is destroying the country they claim to love? What would it take for their aides and subordinates to come to the same conclusion, to resign, and to campaign against the president? What would it take, in other words, for someone like Lindsey Graham to behave like Wolfgang Leonhard?

If, as Stanley Hoffmann wrote, the honest historian would have to speak of “collaborationisms,” because the phenomenon comes in so many variations, the same is true of dissidence, which should probably be described as “dissidences.” People can suddenly change their minds because of spontaneous intellectual revelations like the one Wolfgang Leonhard had when walking into his fancy nomenklatura dining room, with its white tablecloths and three-course meals. They can also be persuaded by outside events: rapid political changes, for example. Awareness that the regime had lost its legitimacy is part of what made Harald Jaeger, an obscure and until that moment completely loyal East German border guard, decide on the night of November 9, 1989, to lift the gates and let his fellow citizens walk through the Berlin Wall—a decision that led, over the next days and months, to the end of East Germany itself. Jaeger’s decision was not planned; it was a spontaneous response to the fearlessness of the crowd. “Their will was so great,” he said years later, of those demanding to cross into West Berlin, “there was no other alternative than to open the border.”

But these things are all intertwined, and not easy to disentangle. The personal, the political, the intellectual, and the historical combine differently within every human brain, and the outcomes can be unpredictable. Leonhard’s “sudden” revelation may have been building for years, perhaps since his mother’s arrest. Jaeger was moved by the grandeur of the historical moment on that night in November, but he also had more petty concerns: He was annoyed at his boss, who had not given him clear instructions about what to do.

Could some similar combination of the petty and the political ever convince Lindsey Graham that he has helped lead his country down a blind alley? Perhaps a personal experience could move him, a prod from someone who represents his former value system—an old Air Force buddy, say, whose life has been damaged by Trump’s reckless behavior, or a friend from his hometown. Perhaps it requires a mass political event: When the voters begin to turn, maybe Graham will turn with them, arguing, as Jaeger did, that “their will was so great … there was no other alternative.” At some point, after all, the calculus of conformism will begin to shift. It will become awkward and uncomfortable to continue supporting “Trump First,” especially as Americans suffer from the worst recession in living memory and die from the coronavirus in numbers higher than in much of the rest of the world.

Or perhaps the only antidote is time. In due course, historians will write the story of our era and draw lessons from it, just as we write the history of the 1930s, or of the 1940s. The Miłoszes and the Hoffmanns of the future will make their judgments with the clarity of hindsight. They will see, more clearly than we can, the path that led the U.S. into a historic loss of international influence, into economic catastrophe, into political chaos of a kind we haven’t experienced since the years leading up to the Civil War. Then maybe Graham—along with Pence, Pompeo, McConnell, and a whole host of lesser figures—will understand what he has enabled.

In the meantime, I leave anyone who has the bad luck to be in public life at this moment with a final thought from Władysław Bartoszewski, who was a member of the wartime Polish underground, a prisoner of both the Nazis and the Stalinists, and then, finally, the foreign minister in two Polish democratic governments. Late in his life—he lived to be 93—he summed up the philosophy that had guided him through all of these tumultuous political changes. It was not idealism that drove him, or big ideas, he said. It was this: Warto być przyzwoitym—“Just try to be decent.” Whether you were decent—that’s what will be remembered.

This article appears in the July/August 2020 print edition with the headline “The Collaborators.”

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

Read Applebaum’s entire, much longer article at the link. Part of it is a fascinating study of how and why, despite backgrounds pointing in exactly the opposite directions, Lindsey Graham abandoned principle and became one of Trump’s “chief collaborators,” while Mitt Romney stood up against Trump and his GOP collaborators in the Senate. 

These days, the GOP doesn’t produce many folks with intellectual honesty and capacity for self-examination. Indeed, those exhibiting anything suggesting those qualities might be lurking in their souls are shunned or railroaded out of the party (see, e.g., Jeff Flake). So, I wouldn’t hold my breath for any of Trump’s toadies to actually own up to or take responsibility for their “crimes against humanity.” 

And “decency,” well, that’s been absent from GOP politicos for some time now. Kids in cages. Taking away the legal and constitutional rights of asylum seekers. Sending abused women refugees back to be tortured by their abusers. Attacking California’s meager payments to our undocumented fellow humans, many performing essential services at risk to their health. Turning Immigration Courts into Star Chambers. Using false narratives to incite hate attacks on African Americans, Hispanic Americans, Asian Americans, and American Journalists. Failing to speak out forcefully against anti-semitic White Nationalist thugs. Looking the other way or even encouraging Trump to mistreat those courageous civil servants who dare speak truth to his lies. “Orbiting” vulnerable asylum seekers back to squalid danger zones. Denying detained kids toothbrushes.The list of indecent acts could go on almost forever. 

But, fortunately, as Applebaum suggests, that won’t save these GOP collaborators from the judgments of history. Unfortunately, however, historical vindication won’t save the lives of those victims who have died at the collaborators’ hands, nor will it undo the scars that some will bear for life as the result of the “crimes against humanity” committed by Trump and his GOP cronies. And, that’s the indelible shame of a nation that let Trump and the GOP wield their toxic political power in the first place.

Due Process Forever! Complicity in the Face of Tyranny, Never!

PWS

06-04-20

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

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

☠️☠️☠️☠️☠️

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

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

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

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

Live updates on Minneapolis

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

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

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

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

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

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

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

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

PWS

05-31-20

NATASCHA UHLMANN: We Shouldn’t Let Restrictionist Terms & Myths Frame The “Immigration Debate” — “What if Democrats approached immigration not as something to be restricted or controlled, but as a basic human right?“

 

Natascha Uhlmann
Natascha Uhlmann
Writer, Activist

https://apple.news/AiY6v3tN0SU6ES08RMUe29g

Natascha Uhlmann writes in Teen Vogue:

This op-ed argues that the terms we use to discuss immigration rely on a lot of anti-immigrant assumptions.

The United States has a long history of hostility toward immigrants, from barringundesirables” (a shifting category that has targeted the nonwhite, the disabled, and women) to turning away desperate asylum seekers who went on to gruesome deaths. Even after these cruel laws have been rolled back (and some haven’t), they’ve fundamentally shaped the way we as a nation think of immigration. A lot of the modern policy we consider “common sense” was directly molded by this history. It means that often the terms of the immigration debate rely on a lot of anti-immigrant assumptions. Even the best-intentioned progressives can fall into these traps, which is why examining how we talk about these issues is so important.

THE NOTION THAT THERE ARE “GOOD” AND “BAD” IMMIGRANTS

One common talking point holds that we should welcome the “good” immigrants while getting rid of the “bad” or “criminal” ones. This framing obscures the realities of the U.S. justice system, which disproportionately arrests, convicts, and incarcerates people of color. Black immigrants make up just 7.2% of the noncitizen population, yet they make up over 20% of people facing deportation on criminal grounds. The “good” vs. “bad” framework also obscures how laws are an expression of class power: Financial crimes committed by wealthy individuals and corporations often go unpunished, while everyday people are often punished for their poverty. And even people convicted of crimes shouldn’t lose their humanity, especially in a system that is incentivized to incarcerate.

Anti-immigration advocates often invoke misleading language and statistics suggesting that immigrants commit more crime, while ignoring a vast legal framework set out to criminalize immigrants for minor infractions. Many studies have found that undocumented immigrants actually commit crimes at lower rates than native-born Americans, but our very definition of what constitutes a crime has grown dramatically over the past few decades. A set of 1996 laws expanded deportable offenses by reclassifying more minor crimes as “aggravated felonies” in the context of immigration. As a result, immigrants can be considered felons for acts like drug possession or failing to appear in court.

DISTINGUISHING “REAL” REFUGEES FROM ECONOMIC MIGRANTS

Another dangerous misconception is the differentiation between “real” refugees (people whose search for safety we consider valid) and “economic migrants,” who are perceived as “gaming the system” to obtain a higher standard of living in America. This is a fundamentally false dichotomy: People, and the systems we live in, are far too complex to fit in these binaries. Who gets to be considered a “real” refugee is significantly informed by America’s ideological attitudes; for decades, the system was based more on Cold War politics than any real concern for the safety of asylum seekers. Those fleeing political or religious persecution are seen as legitimate, while those fleeing violent crime or a lack of economic opportunity — causes that also have political roots — are, too often, not. It’s a pattern that continues today: People coming to the U.S. from countries where America has vested geopolitical interests have historically had a harder time gaining asylum than those from countries the U.S. ideologically opposes, even if they have strong claims of persecution.

This hierarchy has stark consequences. As the bar becomes ever higher for who is a “true” refugee, many who flee certain death are turned away. Meanwhile, those who flee “less serious” violence, like poverty and starvation, often have no avenue for help. Their experiences expose the glaring gaps in our asylum policy. Why should certain types of violence be taken more seriously than others? Who is to say that the fear of gang violence is worse than that of not being able to feed your children?

. . . .

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

Read the rest of the op-ed at the link.

Whether you accept Uhlmann’s conclusions or not, her point that immigrants’ advocates often accept the terms and framework set forth by nativists and restrictionists is basically valid. One false concept that appears to govern much of the debate is that immigration is fundamentally “negative” and therefore 1) must be limited to those who can provide immediate economic benefits to us (leaving aside the range of human interests of the immigrants themselves), and 2) that any increases in “desirable” immigration must be offset by cuts, restrictions, and/or removals of “undesirables.” 

In many ways, this explains the sad failure of the Obama Administration to adopt more humane and effective immigration policies. They apparently never could get over the idea that they had to “prove their toughness” by deporting record numbers of folks and inflicting some gratuitous cruelty on migrants, particularly helpless asylum seekers, to “establish their creds” and get the GOP to the table to discuss serious immigration reform. No chance!

With restrictionists, even record levels of removals and historically low levels of border apprehensions are “never enough.” That’s because they are coming from a place of ideological nativism which is neither fact nor reality driven. It’s driven by inherent biases and nativist myths.

Overall, immigration is both a human reality — one that actually predated the establishment of “nation-states” — and a plus for both the immigrants and the receiving countries. 

That being said, I personally think that immigration should be robust, legal, humane, and orderly. But, I doubt that “immigration without limits” is politically realistic, particularly in today’s climate.

Generally, global “market forces” affect immigration much more than nativists are willing to admit. When the legal system is too far out of line with the realities of “supply and demand” the excess is simply forced into the “extralegal market.” 

That’s why we have approximately 11 million so-called “undocumented immigrants” residing in the U.S. today. Most are law abiding, gainfully employed, and have helped fuel our recent economic success. Many have formed the backbone of the unheralded “essential workforce” that has gotten us through the pandemic to this point. Many pay taxes now and all could be brought into the tax system by wiser government policies.

That’s why the mass removals touted by Trump and his White Nationalists are both impractical and counterproductive, as well as being incredibly cruel, inhumane, and cost ineffective. 

There is a theory out there that although Trump’s uber-enforcement policies might be doomed to long-term failure, he is “succeeding” in another, much more damaging, way. By attacking the safety net, government, education, science, the environment, worker safety, and the rule of law while spreading racism, xenophobia, divisiveness, and maximizing income inequality, Trump has finally succeeded in making the U.S. a less desirable place for “immigrants with choices” to live. 

As Bill Gelfeld wrote recently in International Policy Digest:

This pandemic has laid bare national weaknesses, and these weaknesses will have not gone unnoticed by potential and future migrants. Where they have a choice, and many skilled and even unskilled migrants do indeed have a choice, they will increasingly opt for those locales that have figured out universal health care, pandemic and crisis response, and unified national action, and these are the nations that now stand to gain from this migratory boon. https://apple.news/AiY6v3tN0SU6ES08RMUe29g

In the “post-pandemic world economy,” as our birthrate continues to go down and we need immigrants to fuel continued economic growth, the U.S. might well find itself losing the international competition for immigrants, particularly those we most want to attract. 

The latter is likely if we give in to the restrictionist demand that we cut legal immigration. That simply forces more immigrants into the “extralegal market.” “Immigrants with choices” are more likely to choose destinations where they can live legally, integrate into society, and fully utilize their skills over a destination that forces them to live underground.

PWS

05-25-20

CHILD ABUSE BY COWARDLY REGIME OFFICIALS RAMPS UP AS COURTS TANK IN FACE OF LATEST ASSAULT ON RULE OF LAW & HUMANITY ☠️ — “This incredibly callous treatment of young migrants as well as their families is part of the Trump administration’s attempt to erase any vestige of due process at the border with Mexico.“

Esther Wang
Esther Wang
Senior Reporter
Jezebel

https://apple.news/AfPeFLsDGQTyTuvEeyuQsIg

Esther Wang writes in Jezebel:

Another day, another extreme cruelty: according to a report in the New York Times, the Trump administration has deported almost 1,000 migrant children and teens during the past two months of the covid-19 pandemic, sending them out of the United States alone and at times putting them on a flight without even telling their family members. Stephen Miller, who is unfortunately still alive, must be thrilled.

Trump’s latest tactic in the service of slashing immigration is, as the New York Times points out, a complete 180 from past policy:

The deportations represent an extraordinary shift in policy that has been unfolding in recent weeks on the southwestern border, under which safeguards that have for decades been granted to migrant children by both Democratic and Republican administrations appear to have been abandoned.

Historically, young migrants who showed up at the border without adult guardians were provided with shelter, education, medical care and a lengthy administrative process that allowed them to make a case for staying in the United States. Those who were eventually deported were sent home only after arrangements had been made to assure they had a safe place to return to.

But now, not even children who are already in the United States with pending asylum cases are safe from deportation. As the Times reported, in addition to the more than 900 children and teens who were deported in March and April shortly after arriving at the border, 60 young people who were already being held in government shelters were also abruptly sent out of the United States, at times “rousted from their beds in the middle of the night.”

According to the Times, even young children have been put on flights by themselves. Take the case of Sandra Rodríguez and her 10-year-old son Gerson, whom she sent across the southern border with the expectation that once Gerson arrived in the United States, he would be able to eventually live with Rodríguez’s brother in Houston. But instead, shortly after entering the U.S., Gerson was sent to Honduras alone.

This incredibly callous treatment of young migrants as well as their families is part of the Trump administration’s attempt to erase any vestige of due process at the border with Mexico. Citing the pandemic, immigration officials have used provisions in the 1944 Public Health Act as justification to essentially close the United States to all asylum seekers who cross the border. The impact has been severe: In an almost two-month period from mid-March to May, only two people seeking protection on humanitarian grounds at the border were allowed to stay within the United States.

“What is happening at the border right now is a tragedy. We are abandoning our legal commitment to provide asylum to people whose lives are in danger in other countries,” Kari Hong, an immigration attorney and Boston College law school professor, told the Washington Post. “By invoking these emergency orders, the Trump administration is simply doing what it’s wanted to do all along, which is to end asylum law in its entirety,” she said.

While Trump administration officials have justified their likely illegal use of emergency orders in the name of public health, the fact that officials have also deported children and teens who were already in the care of the federal government sure indicates that something else is going on here. I wonder what that could be.

 

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

Who would have thought that America would become a nation of child abusers and that Federal Courts would be so feckless and complicit in the face of such clear abuses? Three years of concerted failure, led by John Roberts and the Supremes, to give meaning to Due Process and Equal Protection in the face of the “New Jim Crow” have emboldened the regime’s White Nationalist, anti-American abusers while kneecapping democratic and constitutional institutions.

Then, there’s the extreme, wanton cruelty and dehumanization inflicted on the mostly vulnerable among us that has come to symbolize our nation in the Age of Trump. Like all the other abuses by the regime, it’s been “normalized” by feckless legislators and judges: “Another day, another extreme cruelty!” ☠️⚰️🤮🏴‍☠️

Somewhere down there in the fires of the underworld, Chief Justice Roger Taney, author of the infamous “Dred Scott Decision” must be feeling totally vindicated by Roberts and his gang!

Is this really how we want to be remembered by future generations? If not, vote ‘em out this November!

PWS

05-21-20