ICE Continues To Use Inaccurate Police Data To Dictate Arrests and Deportations

By: Sophia Barba

On February 18, 2021, DHS published a memorandum for all ICE employees to prioritize immigrants who have been recorded as having gang affiliation for deportation and removal. ICE’s practice of using police data to identify immigrants who have been listed as being gang affiliates is not new. In 2017, ICE came under fire for their FALCON system, which gathered information as far-ranging as local police reports, social media, criminal and civil asset forfeiture records, cell phone information and even data collected by the CIA and NSA. What’s more, the information used to identify immigrants as gang-affiliated is largely inaccurate, and often mistakenly identifies individuals without much oversight. Many critics have emphasized that these systems record people using racial markers, or loosely substantiated relationships or networks, which make overgeneralized speculations about potential gang members, rather than relying on more substantial evidence. Since this data cannot be easily accessed, people who are placed on these lists often have no recourse to contest the categorization until it is too late. As Max Rivlin-Nadler from The Appeal stated,

This ‘information imbalance’ that immigrants experience when facing deportation is immense — often they’re not told exactly what has qualified them as a “gang member,” nor given the opportunity to correct records that local or federal law enforcement might be keeping on them.” 

Human Rights Watch, and several other organizations, have publicly denounced the February 18 memo, stating that the practice does nothing more than to perpetuate a heavily racialized policy that significantly eats away at immigrants’ due process rights. 

Here is some more background: 

LA Times reports gang databases are filled with errors.

Oregonian reports gang databases include largely just minorities 

Lawsuits claimed that gang databases were being used to provide weak support for deportations

 

9th Circuit on Jim Route v. Merrick Garland– Elaborating on the term “Date of Admission” Regarding Removability Due to Crimes of Moral Turpitude

By: Sophia Barba

On May 6, 2021 the Ninth Circuit Court of Appeals denied a petition to review the BIA’s decision in Jim Route v. Merrick Garland. The case had been argued and submitted on April 13, 2021.

The 9th Circuit Court affirmed the decision by the Board of Immigration Appeals, which had concluded that Jim Route, the petitioner, had been:

“removable for having been convicted of a crime of moral turpitude (CIMT) within five years after the date of admission, 8 U.S.C. § 1227(a)(2)(A)(i)”

At issue was the interpretation of Route’s “date of admission.” Namely, if a noncitizen has multiple dates of admission, which one shall apply for purposes of deciding the date of admission when analyzing removability for committing a CIMT? The BIA had relied on its prior decision under Matter of Alyazji, 25 I. & N. Dec. 397 (BIA 2011) which stated that “date of admission,” in the context of § 1227(a)(2)(A)(i), refers to the “date of the admission by virtue of which the alien was present in the United States when he committed his crime.”

The Circuit Court had concluded that the Route case was eligible for
deference under Chevron, and had determined that under a Chevron analysis, that the BIA’s interpretation through Alyazji was a reasonable interpretation of the statute.

The petitioner’s argument rested primarily on the fact that the BIA’s reliance of the Alyazji interpretation ignored the Compact of Free Association governing the relationship between the United States and the Federated States of Micronesia (FSM). The panel rejected Route’s contention, explaining that the text of the Compact clearly subjects Micronesian citizens to the removability grounds of
§ 1227(a).

Jim Route, the petitioner, is a citizen of the Federated States of Micronesia. Route entered the United States in November 2005 as a nonimmigrant. He lived and worked in Hawai‘i. In 2015, Route returned to Micronesia for a vacation with his children; they stayed for less than two months. In June 2015, Route returned to the United States and was again admitted as a nonimmigrant. In June 2018, Route was convicted of unlawful imprisonment in the first degree, a class C felony in Hawai’i. Route was sentenced to 68 days’ imprisonment and four years’ probation.

For cultural context, the noncitizens from Micronesia make up a significant portion of the labor force in Hawai’i.  According to local advocates in Hawai’i, “There are an estimated 15,000 to 20,000 Micronesians in Hawaii, who began migrating here in bigger numbers in the 1990s in search of economic and educational opportunities.” (Crux)

Part of the Petitioner’s argument rested on the unique international agreement called the Compact of Free Association, which “allows citizens from the Federated States of Micronesia, the Republic of the Marshall Islands and the Republic of Palau to live and work freely in the United States in exchange for allowing the U.S. military to control strategic land and water areas in the region.” (Crux)

According to many people living in Hawai’i, Micronesians often face hardship being treated as outsiders and targeted by locals as being unwanted laborers who allegedly take away economic opportunities from them. Some Micronesians in Hawai’i have even expressed that they experience high incidences of violence and are more targeted by police. Two days after the Ninth Circuit published its opinion declining to review the BIA’s opinion, a 16-year old Micronesian boy was shot by police in Hawai’i after allegedly committing a spree of crimes in Honolulu. Hawai’ian social media was flooded with comments that touted anti-Micronesian sentiment, illuminated a microcosm of xenophobia that is similar to sentiments carried by many on the mainland. (KCTV Channel 5)

The anti-Micronesian sentiment in Hawai’i can be compared to the treatment of Latin-American noncitizens in the contiguous territories of the United States, or even the sentiments many Europeans carry against African or Middle-Eastern migrants. The sentiment that noncitizens who arrive for economic opportunity contribute to blight, crime, and siphon opportunity from others is an oft-told narrative no matter the region. 

You can find the full opinion and summary that was published by the 9th Circuit here

🇺🇸⚖️ NDPA COALITION STOPS “KILL ASYLUM REGS” — EOIR/DHS CRIMINAL KAKISTOCRACY 🥷🏻🦹🏿‍♂️  THWARTED AGAIN — USD JUDGE DONATO (ND CA) ENJOINS FURTHER “CRIMES AGAINST HUMANITY” ☠️🤮 — Will There Be Accountability For Regime’s Outgoing Scofflaw Officials & The String Of Unethical DOJ Lawyers Who Wrongfully Defended Their Indefensible Assaults On The Constitution & Humanity?  

Trump Regime Emoji
Trump Regime

INJUNCTION

Pangea Legal Services v. DHS (“Pangea II”), N.D. CA (USD Judge James Donato), 01-08-21

KEY QUOTE:

Wolf has not spent his time idly at DHS. During his relatively brief tenure, he has attempted to suspend the Deferred Action for Childhood Arrivals (DACA) program, and impose administrative fees for immigration services and eliminate fee waivers, among other actions. These efforts resulted in several lawsuits in federal courts across the United States, each of which challenged Wolf’s rulemaking authority on the same grounds presented by plaintiffs here. In all of these cases, the district courts have concluded that Wolf was not a duly authorized Acting Secretary, and that his actions were a legal nullity. See Batalla Vidal v. Wolf, No. 16-CV-4756 (NGG) (VMS), 2020 WL 6695076, at *9 (E.D.N.Y. Nov. 14, 2020); Nw. Immigrant Rights Project v. United States Citizenship & Immigration Servs., No. CV 19-3283 (RDM), 2020 WL 5995206, at *24 (D.D.C. Oct. 8, 2020); Immigrant Legal Res. Ctr. v. Wolf, No. 20-CV-05883-

 United States District Court Northern District of California

  Case 3:20-cv-09253-JD Document 66 Filed 01/08/21 Page 7 of 14

JSW, 2020 WL 5798269, at *7 (N.D. Cal. Sept. 29, 2020); Casa de Maryland, Inc. v. Chad F. Wolf, Case No. 8:20-cv-02118-PX, 2020 WL 5500165, at *23 (D. Md. Sept. 11, 2020).3

This Court is now the fifth federal court to be asked to plow the same ground about Wolf’s authority vel non to change the immigration regulations. If the government had proffered new facts or law with respect to that question, or a hitherto unconsidered argument, this might have been a worthwhile exercise. It did not. The government has recycled exactly the same legal and factual claims made in the prior cases, as if they had not been soundly rejected in well-reasoned opinions by several courts. The government initially appealed two of these decisions, both of which it later voluntarily dismissed, and appears to have only one appeal pending. In the main, the government contents itself simply with saying the prior courts were wrong, with scant explanation. See, e.g., Pangea Dkt. No. 48 at ECF p. 11 (“the various courts that have embraced this argument are mistaken”); Immigration Equality Dkt. No. 37 at 14 (same).

This is a troubling litigation strategy. In effect, the government keeps crashing the same car into a gate, hoping that someday it might break through. To be sure, one court decision alone does not necessarily close the door to any further cases or arguments along similar lines. Our common law system contemplates that more than one judicial examination of facts and issues is often merited. But our system has no room for relitigating the same facts and law in successive district court cases ad infinitum. That is what the government is doing here. The Court took pains at oral argument to discuss this with counsel for the government, and specifically asked how their arguments here are in any way different from the ones made and rejected in the preceding cases.4 Counsel responded mainly with a disparaging comment to the effect that the other district courts had shirked from working their way through the record. That is untrue. Each of the prior decisions conducted a painstaking analysis of the facts with respect to the Acting Secretary

3 The Government Accountability Office (GAO) has also found that Wolf’s appointment was invalid under the Homeland Security Act. See Matter of Dep’t of Homeland Security, Gov’t Accountability Office (Aug. 14, 2020), https://www.gao.gov/assets/710/708830.pdf, at 2.

4 Attorney August Flentje at DOJ handled this portion of the government’s argument at the hearing.

   United States District Court Northern District of California

  Case 3:20-cv-09253-JD Document 66 Filed 01/08/21 Page 8 of 14

position at DHS, with full attention to the unprecedented efforts to validate Wolf’s claim to the job, irrespective of governing law and procedures.

A good argument might be made that, at this point in time, the government’s arguments lack a good-faith basis in law or fact. But the Court need not reach that conclusion to reject those arguments yet again. The Court’s independent review of the record indicates that Batalla Vidal, 2020 WL 6695076, which is the latest decision before this order, correctly identified and analyzed the salient points vitiating Wolf’s claim of rulemaking authority, and the Court agrees with it in full.

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Wolf’s continuing impersonation of a Cabinet Officer and Barr’s knowingly illegal, ultra vires approval of clearly unlawfully promulgated regulations that actually threaten the lives of bona fide asylum seekers should be dealt with as criminal offenses after Jan. 20, 2021. Every Government official who participated in this travesty, as well as the unethical DOJ officials and their supervisors who were involved in the frivolous and unethical “defense” of this clearly unlawful, and invidiously motivated, action should be removed from Federal Service. Clearly,  prosecutions should be explored against racist mastermind “human rights criminal” Stephen Miller.

As the regime of treason and insurrection comes to an end, those who knowingly helped further its gross illegalities should be held fully accountable under the law. Criminals have no right to government lawyers to defend their scofflaw behavior in civil actions like this!

The EOIR Clown Show 🦹🏿‍♂️🤡 must go! But, there also must be some accountability for those who abused their government positions and violated their oaths of office to illegally inflict harm and suffering on the most vulnerable among us. 

We have seen a serious breakdown of legal ethics and bar policing responsibility at all levels of the Federal Government during the regime. That breakdown extends to Federal Judges all the way up to the indolent Supremes who have consistently failed to hold U.S. Government attorneys (including, specifically, the highly unethical former Solicitor General and his staff) accountable for their unethical behavior in engaging in frivolous civil litigation, advancing “bad faith” defenses for clearly illegal actions, seeking unjustified stays, manufacturing and arguing clear “pretexts” for unconstitutionally discriminatory Executive actions, failing to do even minimal “due diligence,” putting forth factually erroneous and misleading arguments, and allowing the government to abuse, harass, and waste the time of private counsel for improper purposes.

This case also reinforces the absolute necessity of nationwide injunctive relief against Government abuses like this. The “solicitation” of cases challenging and improperly narrowing this necessary form of relief, a corrupt project of the Federalist Society and the former Solicitor General, should raise serious questions of the judicial qualifications of the two “GOP Justices” who recently engaged in this form of rancid, immoral, and legally defective political pandering in their “separate opinion.”  Better Justices for a Better America!

What really held the American legal system together for the last four perilous years was the tenacity of lawyers, many of them arguing Immigration or human rights cases pro bono, and the legal scholarship and courage of some U.S. District Judges who stood tall even in the face of a spineless and complicit Supremes’ majority that all too often failed to support them and could barely move fast enough to give a patently lawless, corrupt, racist, treasonous, and clearly unqualified President and his neo-Nazi minions carte blanch to abuse humanity and “Dred Scottify” persons of color. Leadership, moral courage, and integrity count. But for Sotomayor, Kagan, Breyer, and the late RBG, the Supremes came up disastrously short of fulfilling their Constitutional rule in far, far too many cases, and innocent people suffered and died because of it. This is simply unacceptable in our highest level judges.

It’s high time for law schools to reexamine and beef up obviously inadequate ethical training, for a review of the failure of basic ethics throughout Government, and for review and reform of the scurrilous and unacceptable abdication of ethical norms and responsibilities by Federal Judges at every level of our floundering and failing Federal legal system. Criminals like Wolf and Miller and clowns like EOIR officials violate the laws and degrade humanity because they have every reason to believe they will get away with it. They must be held accountable if we want the abuses that came close to destroying our democracy this week to be stopped!

🇺🇸⚖️🗽👍🏼Due Process Forever!

PWS

01-08-21

⚖️🗽TRANSITION: Biden Names Other Top Justice Officials!

Geoff Bennett (NBC News)
@GeoffRBennett

The Biden transition has officially announced: Merrick Garland, nominee for Attorney General; Lisa Monaco, nominee for Deputy Attorney General; Vanita Gupta, nominee for Assoc. Attorney General; and Kristen Clarke, nominee for Asst. Attorney General for the Civil Rights Division.
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Gupta and Clarke have strong social justice backgrounds.

Monaco
, on the other hand, served as a Homeland Security Assistant to President Obama, and has a primarily prosecutorial/national security background. That could be troubling, given the marked tendency of Administrations of both parties to use bogus or exaggerated “national security myths” and overwrought “get tough prosecutorial stances” to violate both the civil and human rights of asylum seekers and other migrants.
I frankly had hoped for someone with a better demonstrated understanding of, and commitment to,  human rights, social justice, and the essential prerequisites they both are for achieving true national security. Unlike Judge Garland, I see little if anything in Monaco’s background that would qualify her to have a role in administering one of the nation’s largest, and perhaps most important, “court” systems: the U.S. Immigration Courts, now in total disarray and complete meltdown.
But, in the end, she’s President Biden’s choice and will be confirmed. Hopefully, we can work with her. At the same time, the NDPA should be prepared to “raise holy hell” if she performs like the Obama DOJ officials who abused, mismanaged, and helped destroy due process in the Immigration Courts.

 

The assignment of supervision of the Immigration Court function under the AG varies from Administration to Administration. In this case, incoming Associate AG Vanita Gupta, a strong supporter of immigrants’ rights who understands their connection to civil rights, human rights, and racial justice, currently President and CEO of the Leadership Conference on Civil and Human Rights, would be a far better choice than Monaco to work on rebuilding EOIR into the due-process focused court system it was supposed to be.

Here are bios:

Biography

Lisa Monaco assumed her duties as Assistant to the President for Homeland Security and Counterterrorism on March 8, 2013. As President Barack Obama’s Homeland Security and Counterterrorism Advisor, she was responsible for advising the President on all aspects of counterterrorism policy and strategy and coordinating homeland security-related activities throughout the Executive Branch. She chaired meetings of the Cabinet-level Homeland Security Principals Committee, which advised the President on homeland security policy issues and crises. Ms. Monaco was responsible for policy coordination and crisis management on issues ranging from terrorist attacks at home and abroad to cybersecurity and natural disasters.

Prior to the White House, Ms. Monaco spent 15 years at the Department of Justice, the majority of that time serving as a career federal prosecutor, and in senior management positions in the Justice Department and the FBI. She has extensive experience at the senior most levels of law enforcement and the Justice Department. She served for three years as counsel to and then Chief of Staff at the FBI, helping then Director Robert S. Mueller, III, transform the FBI after 9/11 into a national security organization focused on preventing terrorist attacks on the United States. In 2009, she returned to the Department of Justice to serve in the senior leadership of the Deputy Attorney General’s office, responsible for management of the Justice Department and its more than 100,000 employees. She served as Principal Associate Deputy Attorney General, the Deputy Attorney General’s primary advisor on criminal policy, law enforcement, national security and civil litigation matters. In that role she was responsible for assisting the Attorney General and Deputy Attorney General in overall management and supervision of the Department and its components, including the nation’s 94 United States Attorney Offices. In 2011, she was nominated by the President and confirmed by the United States Senate to serve as Assistant Attorney General for National Security, the first woman to serve in that position. In this role, she led the Justice Department’s National Security Division (NSD) which was created after the attacks of September 11, 2001, in order to integrate intelligence and law enforcement functions across the Justice Department. At NSD, she oversaw all federal terrorism and national security prosecutions nationwide and led a division of more than 350 lawyers and professional staff. Ms. Monaco made investigating and prosecuting national security cyber threats a top priority during her tenure and under her leadership, a nationwide network of national security cyber prosecutors was created.

Ms. Monaco began her legal career as a law clerk to the Honorable Jane R. Roth on the United States Court of Appeals for the Third Circuit. She later served as Counsel to the Attorney General and then as a Federal prosecutor. She served for six years as an Assistant United States Attorney in the U.S. Attorney’s Office for the District of Columbia prosecuting a range of crimes from violent crime to fraud and public corruption cases. Her career as a Federal prosecutor includes service on the Enron Task Force, a group of federal prosecutors drawn from around the country to investigate and prosecute the fraud at the Enron Corporation.

Ms. Monaco is a recipient of the Attorney General’s Award for Exceptional Service, the Justice Department’s highest award, for her work on the Enron Task Force, as well as the Edmund J. Randolph Award, which is awarded by the Attorney General in recognition of outstanding contributions to the accomplishment of the Department of Justice’s mission. She is a graduate of Harvard University and the University of Chicago Law School.

SOURCE: NYU Law School

https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.biography&personid=46333

Vanita Gupta is an experienced leader and litigator who has devoted her entire career to civil rights work. Most recently, from October 15, 2014, to January 20, 2017, she served as Acting Assistant Attorney General and Head of the U.S. Department of Justice’s Civil Rights Division. Appointed by President Barack Obama as the chief civil rights prosecutor for the United States, Gupta oversaw a wide range of criminal and civil enforcement efforts to ensure equal justice and protect equal opportunity for all during one of the most consequential periods for the division.

Under Gupta’s leadership, the division did critical work in a number of areas, including advancing constitutional policing and criminal justice reform; prosecuting hate crimes and human trafficking; promoting disability rights; protecting the rights of LGBTQ individuals; ensuring voting rights for all; and combating discrimination in education, housing, employment, lending, and religious exercise. She regularly engaged with a broad range of stakeholders in the course of this work.

Selected high profile matters during her tenure included the investigations of the Ferguson, Baltimore, and Chicago police departments; the appeals of the Texas and North Carolina voter ID cases; the challenge to North Carolina’s HB2 law and other transgender rights litigation; enforcement of education, land use, hate crimes, and other statutes to combat Islamophobia and other forms of religious discrimination; the issuance of statements of interest on bail and indigent defense reform, and letters to state and local court judges and administrators on the unlawful imposition of fines and fees in criminal justice system; and the Administration’s report on solitary confinement.

Prior to joining the Justice Department, Gupta served as Deputy Legal Director and the Director of the Center for Justice at the American Civil Liberties Union (ACLU). She joined the ACLU in 2006 as a staff attorney, where she subsequently secured a landmark settlement on behalf of immigrant children from around the world detained in a privately-run prison in Texas that ultimately led to the end of “family detention” at the facility. In addition to managing a robust litigation docket at the ACLU, Gupta created and led the organization’s Smart Justice Campaign aimed at ending mass incarceration while keeping communities safe. She worked with law enforcement agencies, corrections officials, advocates, stakeholders, and elected officials across the political spectrum to build collaborative support for pretrial, drug, and sentencing policies that make our federal, state, and local criminal justice systems more effective and more just.

Gupta began her legal career as an attorney at the NAACP Legal Defense & Educational Fund, where she successfully led the effort to overturn the wrongful drug convictions of 38 individuals in Tulia, Texas, who were ultimately pardoned by Governor Rick Perry. She then helped negotiate a $6 million settlement on behalf of her clients. She also consulted with European civil society organizations working to advance the rights of the Roma.

Gupta graduated magna cum laude from Yale University and received her law degree from New York University School of Law, where later she taught a civil rights litigation clinic for several years.

She is married to Chinh Q. Le, legal director of the Legal Aid Society of the District of Columbia, and has two young sons.

SOURCE: Leadership Conference on Civil and Human Rights

https://civilrights.org/about/our-staff/vanita-gupta/

⚖️🗽👍🏼🇺🇸Due Process Forever!

PWS

01-07-21

🇺🇸⚖️🗽AMERICAN DEMOCRACY, GEORGIA VOTERS, WARNOCK, OSSOFF, BIDEN, HARRIS, ABRAMS, AFRICAN AMERICANS BIG WINNERS — Racist Grifters Loeffler & Perdue Ousted, Mitch Dethroned, Trump Biggest Loser In US History, GOP Sedition Thwarted, Even As Trump, “Traitor Ted,” & Other Anti-American Lowlifes Seek To Destroy Our Democracy!

Trump Regime Emoji
Trump Regime

https://www.washingtonpost.com/opinions/2021/01/06/georgias-voters-end-trump-era-definitively/

E. J. Dionne in WashPost:

Thanks to the voters of Georgia, the 2020 election looks very different than it did 48 hours ago. Barring a highly unlikely shift in the vote count, President-elect Joe Biden will now govern with a Democratic Senate and a Democratic House. The margins will be thin, but the power of Republicans to obstruct has been sharply diminished.

And the political map of the United States looks very different, too. Four years ago, it was unimaginable that Democratic control of the elected branches of the federal government would be cemented by victories in Senate races in Georgia. The Rev. Raphael Warnock won and Jon Ossoff leads in a state that had not elected a Democrat to the Senate in two decades.

The likely outcome put an exclamation point on Biden’s success and a dagger into the Trump era. President Trump almost certainly hurt Republicans Kelly Loeffler and David Perdue, both directly and indirectly.

Trump’s insistence, against all the evidence, that the November vote in Republican-led Georgia was fraudulently counted split his party and may have discouraged GOP turnout on Tuesday. And Republicans will confront the reality that some voters drawn to the polls when Trump is on the ballot have no interest in participating when he’s not. They are more Trumpublicans than Republicans.

But the president did still more damage to his party by denigrating the $600 stimulus checks in the recently passed economic relief package and calling for $2,000 payments instead. His unexpected veto threat played directly into the argument made by both Warnock and Ossoff: that only Democrats could be trusted to deliver relief to the economically ailing, including the middle class.

Ossoff was unabashed in appealing directly to voters’ immediate interests: “You send me and Reverend Warnock to the Senate, and we will put money in your pocket.” Biden was equally direct when he campaigned for the Democratic duo on the eve of the election. “If you send Jon and the reverend to Washington, those $2,000 checks are going out the door, restoring hope and decency and honor to so many people struggling right now,” Biden said. “If you send Sens. Perdue and Loeffler back to Washington, those checks will never get there. It’s just that simple.”

Last November, exit polls showed that voters most worried about the pandemic tended toward Democrats, while those worried about the economy leaned Republican. This led critics on the Democratic left, but also from elsewhere in the party, to argue that its candidates had failed to define a clear economic message.

Warnock and Ossoff did not make that mistake when they were given a second chance in the runoffs. Their defining issues were economic, and their victories would make it far easier for Biden to enact a large new relief package, a major infrastructure program, and expansions in health-care coverage and child care — as well as democracy reforms and voting-rights protections.

Georgia’s outcome also showed that the swing of middle-class suburban voters toward the Democrats was not a one-off reaction to Trump. Democrats feared and Republicans hoped that, with Trump defeated, at least some Republican-inclined anti-Trump voters would come home to the GOP on Tuesday. They didn’t — and were likely put off when Perdue and Loeffler embraced Trump’s efforts to nullify the November votes of their own state and elsewhere.

The contest also lifted up the power of organizing. Led by Stacey Abrams, the Democrats’ 2018 gubernatorial candidate, civil rights and voting rights groups registered hundreds of thousands of new Georgia voters. They lifted Biden to his 11,779-vote victory in the state and then went back to work, registering more voters for the runoff and getting them to cast ballots. The result: turnout for the runoff that came remarkably close to matching November’s levels while Warnock and, likely, Ossoff secured margins larger than Biden’s.

. . . . 

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Read the full article at the link.

Thank you, Georgia!

With the “Demented Fascist Sore Loser” and “Traitor Ted” Cruz & company stoking the fires of sedition in the streets and revving up an attack on the Capitol through their knowingly bogus anti-American, White Supremacist hate speech, false narratives, vile lies, and baseless conspiracy theories, it’s time to put the GOP to bed for good. 

There also should be a move to censure and eventually remove from office through the ballot box Cruz, Hawley, McCarthy, Johnson and the rest of the GOP clowns and traitors whose lies and pandering to Trump stoked this outrage and have brought our nation to the precipice of anarchy. The voters of Georgia have showed us how with hard work, the right pro-humanity message, even against the odds, the anti-democracy GOP can be removed from office at all levels.

Not surprisingly, the Traitor Trump Treason Twitter Account has been “locked.” Too little, too late!

Moscow Mitch and other GOP toadies’ protestations in support of American democracy are far too little, far too late!  They are the nihilists who have joined Trump in subverting American democracy and committing “crimes against humanity.” They should not escape accountability!

Then there are still GOP scumbags who refuse to condemn Trump or acknowledge the crimes of his thug rioters! They must be removed from public office, now!

The 81 million of us who saved American democracy need to work hard through legal means to make sure that the anti-democracy minority (“GOP”) never seizes power again! The GOP has proved its disloyalty to our Constitutional order.

It’s time for the GOP to be dissolved and replaced by a legitimate opposition. Even now, scummy GOP legislators insist on delaying the electoral process with bogus claims. I’m tired of indulging these evil clowns and subversives, and particularly, their ignorant anti-American supporters.

⚖️🗽🇺🇸Due Process Forever!

PWS

01-06-21

🏴‍☠️👎🏻TREASON IN THE WHITE HOUSE: Unhinged Trump Still Illegally Pressing To Falsify Georgia Election Results, Undermine Constitution, Interfere With Biden Presidency! — GOP Legislators Continue To Coddle The Biggest National Security Threat Since The Civil War! — Disloyal, Immoral Prez Continues To Attack Constitution!🏴‍☠️🤮⚰️

Trump Regime Emoji
Trump Regime

https://www.washingtonpost.com/politics/trump-raffensperger-call-georgia-vote/2021/01/03/d45acb92-4dc4-11eb-bda4-615aaefd0555_story.htm

Amy Gardner reports for WashPost:

‘I just want to find 11,780 votes’: In extraordinary hour-long call, Trump pressures Georgia secretary of state to recalculate the vote in his favor

President Trump urged fellow Republican Brad Raffensperger, the Georgia secretary of state, to “find” enough votes to overturn his defeat in an extraordinary one-hour phone call Saturday that election experts said raised legal questions.

The Washington Post obtained a recording of the conversation in which Trump alternately berated Raffensperger, tried to flatter him, begged him to act and threatened him with vague criminal consequences if the secretary of state refused to pursue his false claims, at one point warning that Raffensperger was taking “a big risk.”

Throughout the call, Raffensperger and his office’s general counsel rejected his assertions, explaining that Trump is relying on debunked conspiracy theories and that President-elect Joe Biden’s 12,779-vote victory in Georgia was fair and accurate.

. . . .

Trump’s conversation with Raffensperger put him in legally questionable territory, legal experts said. By exhorting the secretary of state to “find” votes and to deploy investigators who “want to find answers,” Trump appears to be encouraging him to doctor the election outcome in Georgia.

But experts said Trump’s clearer transgression is a moral one. Edward B. Foley, a law professor at the Ohio State University, said that the legal questions are murky and would be subject to prosecutorial discretion. But he also emphasized that the call was “inappropriate and contemptible” and should prompt moral outrage.

“He was already tripping the emergency meter,” Foley said. “So we were at 12 on a scale of 1 to 10, and now we’re at 15.”

Throughout the call, Trump detailed an exhaustive list of disinformation and conspiracy theories to support his position. He claimed without evidence that he had won Georgia by at least a half-million votes. He floated a barrage of assertions that have been investigated and disproven: that thousands of dead people voted; that an Atlanta election worker scanned 18,000 forged ballots three times each and “100 percent” were for Biden; that thousands more voters living out of state came back to Georgia illegally just to vote in the election.

. . . .

*********

Read Amy’s complete report on the ongoing crimes by the Traitor-in-Chief at the link.

Sure sounds like treason to me!

This is “not normal” no matter how much corrupt, immoral GOP seditionists like Hawley, Cruz, Johnson, et al falsely and maliciously claim otherwise!

🇺🇸⚖️🗽👍🏼Due Process Forever! Traitors never!🏴‍☠️👎🏻

PWS

01-03-20

KAKISTOCRACY🏴‍☠️🤮 REPORT: Many Americans Pay Taxes — “Billionaire” Trump, Not So Much, Or Not At All! — But, He’s Also Tried To Conceal It & Mislead The Public — Just Another Day At The Office For “Don The Con-Man!”

Trump Regime Emoji
Trump Regime

https://www.nytimes.com/interactive/2020/09/27/us/donald-trump-taxes.html

The Times obtained Donald Trump’s tax information extending over more than two decades, revealing struggling properties, vast write-offs, an audit battle and hundreds of millions in debt coming due.

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By Russ Buettner, Susanne Craig and Mike McIntire

Sept. 27, 2020

  • 1701

Donald J. Trump paid $750 in federal income taxes the year he won the presidency. In his first year in the White House, he paid another $750.

He had paid no income taxes at all in 10 of the previous 15 years — largely because he reported losing much more money than he made.

As the president wages a re-election campaign that polls say he is in danger of losing, his finances are under stress, beset by losses and hundreds of millions of dollars in debt coming due that he has personally guaranteed. Also hanging over him is a decade-long audit battle with the Internal Revenue Service over the legitimacy of a $72.9 million tax refund that he claimed, and received, after declaring huge losses. An adverse ruling could cost him more than $100 million.

pastedGraphic_3.png

The tax returns that Mr. Trump has long fought to keep private tell a story fundamentally different from the one he has sold to the American public. His reports to the I.R.S. portray a businessman who takes in hundreds of millions of dollars a year yet racks up chronic losses that he aggressively employs to avoid paying taxes. Now, with his financial challenges mounting, the records show that he depends more and more on making money from businesses that put him in potential and often direct conflict of interest with his job as president.

The New York Times has obtained tax-return data extending over more than two decades for Mr. Trump and the hundreds of companies that make up his business organization, including detailed information from his first two years in office. It does not include his personal returns for 2018 or 2019. This article offers an overview of The Times’s findings; additional articles will be published in the coming weeks.

The returns are some of the most sought-after, and speculated-about, records in recent memory. In Mr. Trump’s nearly four years in office — and across his endlessly hyped decades in the public eye — journalists, prosecutors, opposition politicians and conspiracists have, with limited success, sought to excavate the enigmas of his finances. By their very nature, the filings will leave many questions unanswered, many questioners unfulfilled. They comprise information that Mr. Trump has disclosed to the I.R.S., not the findings of an independent financial examination. They report that Mr. Trump owns hundreds of millions of dollars in valuable assets, but they do not reveal his true wealth. Nor do they reveal any previously unreported connections to Russia.

. . . .

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

Read the full report at the link.

Duh! According to NBC’s Stephanie Ruhle, an American who actually worked for a living and made $18,000 would pay $760 in taxes. 

Not much of a surprise to those familiar with Trump’s endemic lies, corruption, and dishonesty. You can be sure that whatever lies and misdirection Trump spews forth about this report, it will have little or nothing to do with truth.

PWS

09-28-20

DESTROYING DEMOCRACY: BILLY THE BIGOT GOES TO WAR WITH DOJ — Rips Career Prosecutors — Advocates Politicization Of Justice In America!🏴‍☠️

Billy Barr Consigliere Artist: Par Begley Salt Lake Tribune Reproduced under license, Large
Bill Barr Consigliere
Artist: Pat Bagley
Salt Lake Tribune
Reproduced under license

https://apple.news/ABgTGgYnLQRq-WHQT_ZVQ8g

BY DEVLIN BARRETT AND MATT ZAPOTOSKY report for WashPost:

Attorney General William P. Barr delivered a scathing critique of his own Justice Department Wednesday night, insisting on his absolute authority to overrule career staff, whom he said too often injected themselves into politics and went “headhunting” for high profile targets.

Speaking at an event hosted by Hillsdale College, a school with deep ties to conservative politics, Barr directly addressed the criticism that has been building for months inside the department toward his heavy hand in politically sensitive cases, particularly those involving associates of President Trump.

“What exactly am I interfering with?” he asked. “Under the law, all prosecutorial power is invested in the attorney general.”

Barr’s comments were remarkable, in that the head of the Justice Department catalogued all of the ways in which he thought his agency had gone astray over the years, and in its current formulation harms the body politic. Barr has drawn considerable criticism for intervening in criminal cases in ways that help benefit the president’s friends.

Barr said it was he, not career officials, who have the ultimate authority to decide how cases should be handled, and derided less-experienced, less-senior bureaucrats who current and former prosecutors have long insisted should be left to handle their cases free from interference from political appointees.

Barr said that argument, in essence, means “the will of the most junior member of the organization” would make decisions, but he insisted he would not “blindly” defer to “whatever those subordinates want to do.”

“Letting the most junior members set the agenda might be a good philosophy for a Montessori preschool, but it is no way to run a federal agency,” Barr said.

The attorney general, the nation’s top law enforcement official, spent much of the speech eviscerating the idea of the Justice Department as a place where nonpolitical career prosecutors should be left to decide how sensitive cases are resolved.

. . . .

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

Read the rest of the article at the link.

I’m sure this does wonders for morale at the DOJ! But, demoralizing all the career lawyers and pushing them out the door appears to be part of the program. After all, the regime initially tried to “buy out” the holdover members of the BIA. Morale at the Immigration “Courts” is already at an all-time low!

Career civil servants at the DOJ and elsewhere actually work for the people of the U.S., not personally for Billy, other political appointees, or the President. Government employees take an oath to uphold the Constitution, not of loyalty to the President, the AG, or any other political official. 

Billy clearly has been running the Immigration “Courts” as a politically weaponized part of the regime’s White Nationalist, authoritarian, race-driven immigration enforcement agenda. Funny how long it has taken the overall legal community to see that Barr basically considers the entire legal system, including the Article III Courts, as just as subservient as the Immigration “Courts.” And, to date, the Supremes have done little to discourage that view.

As former Deputy AG Don Ayer pointed out in his recent Amicus podcast, featured here on Courtside, Billy is not serving the people of the U.S., for whom he has nothing but contempt unless they happen to share his bigoted right wing views. https://immigrationcourtside.com/2020/09/13/america-on-red-alert%f0%9f%86%98%f0%9f%8f%b4%e2%80%8d%e2%98%a0%ef%b8%8f%f0%9f%a4%ae%e2%98%a0%ef%b8%8f-theocrat-autocrat-liar-race-baiter-anti-democracy-activist-billy-the-bigot-barr-conspires-wit/

He is carrying out a personal agenda of replacing representative democracy with an authoritarian state where everybody and everything is subservient to an all-powerful totally unconstitutional “Unitary Executive” (actually a bogus right-wing “invented concept” with no actual legitimate basis in American political history, as cogently “debunked” by Ayer in his podcast). That certainly makes him one of the two most dangerous men in America!

Billy did say one thing I agree with. Politicos, particularly hacks like Billy and Trump, can be held accountable at the ballot box. Indeed, given the feckless performance of the GOP Senate and the overall failure of the Federal Courts to stand up to tyranny, that appears to be the very last hope for our democracy.

Had enough of the Liar in Chief, Billy the Bigot, Moscow Mitch, & Co? Vote the GOP out of every public office at every level this Fall, while there is still a chance to save our democracy!

This Fall, vote like your life and the continued existence of American democracy depend on it! Because they do!

PWS

09-17-20

INSIDE THE NEW AMERICAN GULAG🤮 — Whistleblower Says DHS Turns “Uterus Collector” Loose On Migrant Women Imprisoned In Gulag — “‘That’s his specialty, he’s the uterus collector,’ Wooten said of the doctor . . . .”

 

Uterus
Woman’s Body Part or “Collector’s Item?”
https://www.scientificanimations.com
Creative Commons License

https://www.huffpost.com/entry/whistleblower-ice-hysterectomies-georgia_n_5f60d307c5b68d1b09c812b6

Sara Boboltz reports from HuffPost:

. . . .

“I’ve had several inmates tell me that they’ve been to see the doctor and they’ve had hysterectomies and they don’t know why they went or why they’re going,” she said.

Although the women are told that they have severe menstruation issues requiring the procedure, Wooten doubts that is really the case, saying, “everybody’s uterus cannot be that bad.”

“Everybody he sees has a hysterectomy ― just about everybody. He’s even taken out the wrong ovary on a young lady [detained immigrant woman],” Wooten said in the complaint. The patient was supposed to have her left ovary removed due to a cyst, but the doctor allegedly took out her right ovary.

 . . . .

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

Read the rest of the article at the link.

Not surprisingly, DHS brushes off the complaint. Among other BS, they incorrectly refer to the allegations as “anonymous.” That’s an outright lie. The allegations are being made by Dawn Wooten, an experienced LPN who worked in the DHS Gulag. There were anonymous sources who confirmed the truth of Wooten’s complaint, quite a difference from “anonymous allegations.”

Of course, lies, misrepresentations, cover-ups, and distortions are endemic at today’s DHS.

Here’s the section of the complaint relating to the “uterus collector.” Judge for yourself.

D) Detained immigrants and ICDC nurses report high rates of hysterectomies done to immigrant women.

Several immigrant women have reported to Project South their concerns about how many women have received a hysterectomy while detained at ICDC. One woman told Project South in 2019 that Irwin sends many women to see a particular gynecologist outside the facility but that some women did not trust him.93 She also stated that “a lot of women here go through a hysterectomy” at ICDC.94 More recently, a detained immigrant told Project South that she talked to five different women detained at ICDC between October and December 2019 who had a hysterectomy done.95 When she talked to them about the surgery, the women “reacted confused when explaining why they had one done.”96 The woman told Project South that it was as though the women were “trying to tell themselves it’s going to

89 Project South Interview with Detained Immigrant, Summer 2020. 90 Id.

91 Id.

92 Id.

93 Project South Interview at the Irwin County Detention Center, October 2019. 94 Id.

95 Project South Interview with Detained Immigrant, Summer 2020.

96 Id.

9 GAMMON AVENUE • ATLANTA, GEORGIA 30315 • (404) 622-0602 OFFICE • (404) 622-4137 FAX www.projectsouth.org

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 be OK.” She further said: “When I met all these women who had had surgeries, I thought this was like an experimental concentration camp. It was like they’re experimenting with our bodies.”97

Ms. Wooten also expressed concern regarding the high numbers of detained immigrant women at ICDC receiving hysterectomies. She stated that while some women have heavy menstruation or other severe issues that would require hysterectomy, “everybody’s uterus cannot be that bad.” Ms. Wooten explained:

Everybody he sees has a hysterectomy—just about everybody. He’s even taken out the wrong ovary on a young lady [detained immigrant woman]. She was supposed to get her left ovary removed because it had a cyst on the left ovary; he took out the right one. She was upset. She had to go back to take out the left and she wound up with a total hysterectomy. She still wanted children—so she has to go back home now and tell her husband that she can’t bear kids… she said she was not all the way out under anesthesia and heard him [doctor] tell the nurse that he took the wrong ovary.

Ms. Wooten also stated that detained women expressed to her that they didn’t fully understand why they had to get a hysterectomy. She said: “I’ve had several inmates tell me that they’ve been to see the doctor and they’ve had hysterectomies and they don’t know why they went or why they’re going.” And if the immigrants do understand what they’re getting done, “some of them a lot of times won’t even go, they say they’ll wait to get back to their country to go to the doctor.”

The rate at which the hysterectomies have occurred have been a red flag for Ms. Wooten and other nurses at ICDC. Ms. Wooten explained:

We’ve questioned among ourselves like goodness he’s taking everybody’s stuff out…That’s his specialty, he’s the uterus collector. I know that’s ugly…is he collecting these things or something…Everybody he sees, he’s taking all their uteruses out or he’s taken their tubes out. What in the world.

Intertwined with the issue of the reported high rates of hysterectomies is the issue of proper informed consent. Regarding the hysterectomies, Ms. Wooten explained: “These immigrant women, I don’t think they really, totally, all the way understand this is what’s going to happen depending on who explains it to them.” Ms. Wooten stated that the sick call nurse tries to communicate with the

97 Id.

9 GAMMON AVENUE • ATLANTA, GEORGIA 30315 • (404) 622-0602 OFFICE • (404) 622-4137 FAX www.projectsouth.org

19

 detained immigrants and speak Spanish to detained immigrants by simply googling Spanish or by asking another detained immigrant to help interpret rather than using the language line as medical staff are supposed to.

One detained immigrant reported to Project South that staff at ICDC and the doctor’s office did not properly explain to her what procedure she was going to have done.98 She reported feeling scared and frustrated, saying it “felt like they were trying to mess with my body.” When she asked what was being done to her body, she was given three different responses by three different individuals. She was originally told by the doctor that she had an ovarian cyst and was going to have a small twenty-minute procedure done drilling three small holes in her stomach to drain the cyst. The officer who was transporting her to the hospital told her that she was receiving a hysterectomy to have her womb removed. When the hospital refused to operate on her because her COVID-19 test came back positive for antibodies, she was transferred back to ICDC where the ICDC nurse said that the procedure she was going to have done entailed dilating her vagina and scraping tissue off. The nurse first told the detained immigrant she was going to get this procedure done because she had heavy bleeding, but then told her it was because she had a thick womb. The woman quickly responded that she never had heavy bleeding in her life and was never told by the doctor that she had a thick womb. Instead she stated that the doctor had described an entirely different procedure that did not involve scraping her vagina. She stated: “I tried to explain to her that something isn’t right; that procedure isn’t for me.” The nurse responded by getting angry and agitated and began yelling at her. She told Project South that seeing the nurse’s nervous and angry response confirmed “that something was not right.”

This is just a portion of the Project South official complaint. It’s chock full of disgusting and disturbing details about the grossly deficient “health care” in the Gulag, much of it focusing on the now-well-established in ligation DHS systemic failure to take anything approaching adequate COVID-19 precautions.

Notably, although the DHS’s failures are systemic (some would say intentionally calculated as part of a concerted effort to punish asylum seekers and migrants with cruel and inhuman treatment and, in some cases, death) emergency causing, and health and life threatening, our broken legal system has chosen to deal with them on a piecemeal basis. Our justice system is simply not up to effectively confronting the avalanche of illegality, dishonesty, frivolous litigating positions, and other shenanigans launched by the Trump regime in its attempt to crush oversight, eliminate accountability, and blow the Constitution to smithereens.

That means that in some cases, the regime is literally “getting away with murder.” The Trump regime is full of dullards. But, apparently not so dull or incompetent that they haven’t been able to figure out how to “outflank and co-opt” a Federal Judiciary where backbone, creativity, common sense, duty, and urgency, particularly at the Supremes, have “flown the coop.”

Here’s a link: OIG-ICDC-Complaint-1

We should also remember that these women should never been have been prisoners in the Gulag in the first place! They idea that they are either “security risks of threats to abscond” is preposterous! They are imprisoned in heath and life threatening conditions for the “crime” of asserting their legal right to due process. Is this really the America we want to pass on to future generations?

This Fall, vote like your life and the future of humanity depend on it! Because they do!

PWS

09-16-20

CRIME WATCH: NATION OF CHILD ABUSERS: Trump Regime Illegally Orbits Nearly 9,000 Kids To Potential Doom Without Due Process!

Second Wave
Second Wave
Artist: John Darrow
Reproduced under license

https://apple.news/AA4Yv2KHFSS6YVKxlnKiD0A

Catherine E. Shoichet, reports for CNN:

A court declaration Friday from US Border Patrol Deputy Chief Raul Ortiz revealed the number, which previously hadn’t been released to the public. 

Since the Trump administration invoked a public health law to implement new restrictions at the border on March 20, the agency has expelled more than 159,000 people, according to Ortiz. That figure, Ortiz says, included 8,800 children who were traveling alone and 7,600 family members.

The Border Patrol official’s filing, first reported by CBS News, reveals new details about who has been kicked out of the US under the sweeping public health restrictions, which largely bar migrants from entering the country.

The declaration was filed as part of the government’s appeal of a recent court ruling over a controversial aspect of the coronavirus restrictions: the increasing use of hotels to detain migrant kids rather than licensed and monitored facilities.

Immigrant and civil rights advocates have warned that the secretive system is putting kids in danger. They have criticized the administration for using public health claims as a pretext to impose harsh immigration restrictions.

Last week, US District Judge Dolly M. Gee ruled that detaining migrant children in hotels wasn’t safe and did not “adequately account for the vulnerability of unaccompanied minors in detention.” She has ordered the government to stop the practice by September 15.

. . . . 

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Read the rest of Catherine’s report at the link.

The cowardly and dishonest performance of the U.S. legal system, failure to live up to our Constitutional responsibilities, and welching on our international agreements will haunt us for generations. Eventually, history will document the full extent of the legal and human rights abuses carried out by the Trump regime while the political and judicial branches of Government stood by and watched.

History has not been kind to the Dred Scott decision, Jim Crow politicians, and the many citizens who empowered Jim Crow and institutionalized racism. Likewise, the modern day Jim Crows of the GOP, their supporters, and Federal Judges who help carry out “Dred Scottification” of the other, child abuse, and tormenting the most vulnerable among us in their hour of greatest need will also face an historical reckoning. Their smug, arrogant, immoral, and fundamentally cowardly abandonment of justice and human decency for those seeking legal protection will “live in infamy.”

This Fall, vote like your life and the future of humanity depend on it. Because they do!

PWS

09-15-20

🏴‍☠️🤮👎🏻BILLY THE BIGOT GOES “FULL MAFIA” ON YOUR NICKEL!   — “Don The Con’s” Idea Of Pro Bono Legal Services — YOU Pay For His Crimes! — By Pat Bagley @ Salt Lake Tribune

Bill Barr Consigliere Artist: Par Begley Salt Lake Tribune Reproduced under license, Large
Bill Barr Consigliere
Artist: Pat Bagley
Salt Lake Tribune
Reproduced under license

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

Says it all about Billy the Bigot. His “downward sprint to the finish” has rocketed him past “John the Con” Mitchell and Jeff “Gonzo Apocalypto” Sessions as the most corrupt AG in modern American history. 

That’s, of course, not to minimize or trivialize the crimes committed by either of the other contenders. I suspect we’ll still be unpacking the full extent of Gonzo’s “crimes against humanity” decades from now, as the uglier and uglier truth about this “21st Century Jim Crow” dribbles out a bit at a time

Gee, even the “Afternoon Neighborhood Dog Walking Club” — comprised of neither lawyers nor hard core liberals, can’t understand why Barr, this walking, talking ethics cesspool is 1) still in office; 2) not in jail; and 3) still licensed to practice the law. Here’s hoping that all three of these unfathomable mysteries are resolved favorably to the public interest in the near future! In the meantime, Billy serves as a stark reminder of what’s wrong with legal ethics and our justice system at present.

With all the hard-working, talented, pro bono lawyers out there working overtime to save lives and our democracy, it’s simply a national disgrace and a travesty that unqualified, corrupt, unethical creeps like Billy and Gonzo have been “rewarded” with the an office that is supposed to function as “The People’s Lawyer.”

The Don’s felons and fellow conspirators against America get free passes; meanwhile, Americans of color can’t catch a break from a system loaded against them. Go figure!

Due Process Forever! Billy the Bigot, Never!

PWS

09-12-20

POLITICS: SYCOPHANT SPOTLIGHT: PARALLEL UNIVERSE “I always tell people that to know President Trump is to know someone whose word is his bond,” Says Creepy Veepy Of Congenital Liar Trump!🤮

 

https://www.huffpost.com/entry/mike-pence-donald-trump-claim-bond_n_5f5321f0c5b62b3add40d7d6

Lee Moran reports for HuffPost:

Vice President Mike Pence raised eyebrows with his latest praise of President Donald Trump, which critics described as “ridiculous” and “embarrassing.”

“I always tell people that to know President Trump is to know someone whose word is his bond,” Pence claimed Thursday during a “Life Wins!” event in Raleigh, North Carolina.

. . . .

*****************
Read the full article at the link.

Perhaps what Mikey Moron meant to say is “whose word is as bogus as a $3 bill” (isn’t that the one with the Liar-in-Chief’s picture on the front?) 

I actually think words like “ridiculous” and “embarrassing” are far, far too kind to this shameless butt-kisser, moral coward, incompetent executive, and betrayer of American democracy and human decency! He’s part of the “Evil Clown Show” ☠️🤮🤡 that has killed tens of thousands of American citizens as well as an untold number of refugees, asylum seekers, and other migrants, put innocent kids in jail, and caused unfathomable pain and suffering to name just a few of the gross misdeeds in which he has had a supporting role. 

Has there ever in history been a more outlandish incumbent ticket of “proven malicious incompetency?”

This November, vote like your life and the future of our nation depend on it! Because they do!

PWS

09-05-20

🏴‍☠️☠️⚰️👎🏻CRIME & (NO) PUNISHMENT: Not An Administration, An Ongoing Criminal Conspiracy, Says Max Boot!

Max Boot
Max Boot
Columnist
Washington Post

Trump Regime Emoji
Trump Regime

https://www.washingtonpost.com/opinions/2020/08/31/this-isnt-an-administration-its-an-ongoing-criminal-conspiracy/

Max Boot in WashPost:

It is entirely fitting that Donald Trump — the least law-abiding president in our history — was renominated at a convention that was itself a seeming cavalcade of crime. Every night featured apparent violations of the 1939 Hatch Act, which prohibits federal employees from engaging in political activities “in any room or building occupied in the discharge of official duties by an individual employed or holding office in the Government of the United States.”

The White House certainly qualifies as such a facility. Yet Trump used it as a convention prop, even going so far as to televise a naturalization ceremony for immigrants — some of whom did not realize they would be shown at the Republican convention — as part of the nightly show. Trump not only flouted the law but also reveled in doing so. During his acceptance speech, he boasted, “We’re here — they’re not,” and the New York Times reported that Trump “relished the fact that no one could do anything to stop him.”

While the president is exempt from the civil provisions of the Hatch Act, he could be subject, once he leaves office, to criminal penalties if he should “intimidate, threaten, command, or coerce … any employee of the Federal Government … to engage in … any political activity.” That is a crime punishable by up to three years in prison.

This is, of course, barely scratching the surface of an administration that should more accurately be described as an ongoing criminal conspiracy. While many of Trump’s awful acts — e.g., confining children in cages or unleashing riot police on peaceful protesters — are merely violations of democratic norms, there is also plentiful evidence of lawbreaking on his part.

The U.S. attorney for the Southern District of New York has identified Trump as “Individual-1” in a conspiracy with his attorney Michael Cohen to violate campaign finance laws by secretly paying off two women with whom Trump allegedly had affairs. Cohen went to prison; Trump, who as president claims immunity from prosecution, wasn’t indicted.

Special counsel Robert S. Mueller III uncovered a great deal more potential illegality. He found 10 instances when Trump might have obstructed justice, and in at least four of those cases he found evidence that Trump’s conduct met all three elements of the obstruction-of-justice statute. Each violation carries a maximum penalty of 20 years in prison. The recent report from the Senate Intelligence Committee suggests that Trump also lied to Mueller when, in written testimony, he claimed not to remember speaking to Roger Stone about WikiLeaks. If he committed perjury, that would subject him to up to five years’ imprisonment.

. . . .

Trump could try to short-circuit justice by seeking to pardon himself before he leaves office — or even by resigning a few hours early and having Vice President Pence sworn in to issue a pardon (as President Gerald Ford did for Richard Nixon). In that case, the special counsel would be limited to investigating Trump’s accomplices (unless they are also pardoned) and helping state prosecutors. But the special counsel should still issue a comprehensive report on Trump’s lawbreaking. We must expose and root out this ethical rot before it eats away at the foundations of our democracy.

**********

Read the rest of Boot’s article at the link. Actually, Max understates the case. Trump long ago ate the ethical underpinnings of American democracy for lunch, with the “JR Five” providing “table service.”

Under “normal” circumstances, the scenario outlined by Boot in his final paragraph would be beyond preposterous! But, in the failed state of American democracy under Trump, it’s perfectly plausible. Whose going to stop him from the “final abuse and mockery of our republic?” Feckless Congress? The Supremely and Serenely Complicit ones? No way. Trump will exploit the moral cowardice and spinelessness of the other failed two branches of Government until the end!

It started about the time that Roberts and his colleagues threw Muslims, refugees, and migrants under the bus in their ridiculously wrong and intellectually dishonest “Travel Ban Fiasco.” The “Dred Scottification” of migrants and people of color and open corruption, aided and abetted by Roberts and his gang, have continued largely unabated since then. 

Max’s use of the term “rot” brings to mind the refugees from many nations, most people of color, rotting in Mexico, futilely waiting for “asylum hearings” that might never come and where denial without due process has been predetermined. This is what “American Justice” has become under Trump, Billy the Bigot, Wolfman the Illegal, and Roberts the Complicit!

Actually, separating families, misrepresenting the policy to Federal Courts, and long-term “civil” detention of families in life-threatening conditions as a “deterrent” to exercising important, fundamental legal and human rights might well be criminal violations in a functioning justice system. Sadly, America basically lacks the latter these days because of the Supremes’ coddling of the “crimes against humanity” committed by Trump, Miller, Barr, Wolf, Cooch, and their co-conspirators.

As those of us with experience adjudicating asylum cases know, lack of accountability before the courts and failure of the judiciary to exercise independent judgment to control a corrupt and tyrannical executive are hallmarks of failed states and banana republics. 

Let’s see! America’s founders created an independent judiciary to insure the right of the “King” to use the Government as his personal servants to violate the Bill of Rights, exploit the nation for his own gain, and create “alternate Kings’ Courts” where the “judges” are his employees, he makes the rules, the results are largely preordained by the King’s personal biases and the interests of his royal cronies, and the penalty can be “death without due process.” Not likely! 

But, that’s what happens when judges’ fealty to ideology, party, or personality often exceeds their loyalty to the Constitution and to the human rights and human dignity of their fellow men, women, and children. It happens when we create an elitist, right-leaning judiciary, out of step with and non-representative of the majority of Americans, where actual knowledge and experience defending the human rights of individuals against Government overreach, courage to speak truth to power, and demonstrated unswerving commitment to equal justice under law is far, far undervalued, even intentionally ignored. Where practical problem-solving skills and human empathy, perhaps the two most important qualities for fair and honest judging, are all too often disrespected and even demeaned.

Better Federal Judges for a better, fairer, functional America! One where the humanity of all persons is honored and respected, rather than being mocked by those in positions of power and privilege. One where the highest Court finally stands up for and enforces the hard-fought Constitutional right to vote, regardless of skin color or ethnicity, rather than aiding and abetting the blatant schemes of the GOP to suppress voting and deny deserved political power to Americans of color. One where an honest Court enforces to the maximum degree the Voting Rights Act rather than intentionally and disingenuously gutting it at the demand of some in the White power structure. 

These travesties have unfolded right in front of us. Yet, even so called “liberal-progressive” commentators largely shrug them off as somehow “normal” or “just the way the system functions.” That’s BS! It’s “judicial malpractice.” It’s a major reason why two centuries after our founding we have not yet achieved racial justice and why our nation is coming apart at the seams under grotesque misgovernance and judicial complicity.

The current Federal Judiciary has facilitated the takeover of our Government by an ongoing criminal conspiracy, as described by Boot. We need change! Sooner rather than later! And, it can’t and won’t happen with the current cast of characters in the Executive, the Senate majority, and the Article III Judiciary.

Due Process Forever!

PWS

09-04-20

AMERICA’S HOMEGROWN TORTURERS: Physicians For Human Rights Confirms What Many of Us Have Been Saying For Years: Trump Regime Tortures Families With Children With Impunity!

https://www.theguardian.com/us-news/2020/feb/25/trump-family-separations-children-torture-psychology?CMP=Share_iOSApp_Other

Amanda Holpuch
Amanda Holpuc
Reporter
The Guardian

Amanda Holpuch reports for The Guardian:

The trauma Donald Trump’s administration caused to young children and parents separated at the US-Mexico border constitutes torture, according to evaluations of 26 children and adults by the group Physicians for Human Rights (PHR).

The not-for-profit group’s report provides the first in-depth look at the psychological impact of family separation, which the US government continued despite warnings from the nation’s top medical bodies.

“As a clinician, nobody was prepared for this to happen on our soil,” the report co-author Dr Ranit Mishori, senior medical adviser at PHR, told the Guardian. “It is beyond shocking that this could happen in the United States, by Americans, at the instruction and direct intention of US government officials.”

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Legal experts have argued family separation constituted torture, but this is the first time a medical group has reached the determination.

PHR volunteer psychiatrists evaluated 17 adults and nine children who had been separated between 30 to 90 days. Most met the criteria for at least one mental health condition, including post-traumatic stress disorder, major depressive disorder or generalized anxiety disorder “consistent with, and likely linked to, the trauma of family separation”, according to the report.

Not only did the brutal family separation policy create trauma, it was intensified by the families’ previous exposure to violence on their journey to the US and in their home countries of Honduras, Guatemala and El Salvador.

All but two of the adults evaluated by PHR said they had received death threats in their home countries and 14 out of the 17 adults said they were targeted by drug cartels. All were fearful their child would be harmed or killed if they remained at home.

Almost all the children had been drugged, kidnapped, poisoned or threatened by gangs before they left. One mother told investigators she moved her daughter to different schools in El Salvador several times so gang members couldn’t find her and kill her.

In the face of these threats, parents tried to move within the country, change their phone numbers, meet extortion demands and go silent on social media. Ultimately, however, the report said: “Parents were confident that the journey to the United States would result in protection for their children.”

This is not what happened at the border.

The Trump administration instituted a policy in April 2018 that formally enabled the mass separation of children and parents at the US-Mexico border. Trump ended the policy in June 2018, but it has since been revealed that the administration separated thousands of families before and after the policy was in place.

There was also no system to reunite the families, according to an internal government watchdog. The Trump administration also ignored warnings from the nation’s leading medical organizations that family separation would traumatize children and adults.

How Trump’s immigration policies hurt people’s lives – in pictures

People who experience trauma, especially as children, have higher rates of medical conditions such as cancer and cardiovascular disease. They also have an increased risk of psychiatric disorders and detrimental coping behaviors such as alcohol and drug abuse.

“Something like that does not just resolve once you’re reunified with your parents, it’s something you carry with you possibly forever,” Mishori said.

One Honduran father described how badly his son reacted the four times a psychologist came to their apartment for treatment in the report: “Each time the son would refuse to cooperate and would throw things at the therapist … It appears his son was afraid of strangers, afraid they will take him away from his father.”

Kathryn Hampton, a senior officer in PHR’s asylum program, said the group PHR had assessed was small but represented separated families from different detention centers and foster homes across the country over a two-year period.

“This is a really disparate group of people and yet their stories are practically identical,” said Hampton. “So that’s very disturbing, to see that level of consistency.”

Amid the despair, PHR has seen an outpouring of support in money and volunteers. Hampton said since the beginning of 2018, its Asylum Network had more than doubled to 1,700 clinicians who provide free medical and psychological evaluations to asylum seekers. There were also three times as many medical school clinics partnering with the organization in that period.

Dr Stuart Lustig, a California-based psychiatrist and longtime volunteer, evaluated a seven-year-old girl from Guatemala. He said when he and the girl did a common evaluation tool called the Squiggle Test, she had one of the more inhibited reactions he had seen in 20 years.

“These kinds of separations were filled with uncertainty, there was no information about where people are going, so it is not surprising at all that these separations ended up being extremely traumatizing for kids and parents,” Lustig said.

In November, a federal court ordered the US to compensate for the trauma separated families faced at the hands of the government. Lustig said there were many treatment options for children who experienced this deep level of trauma in the US, but he and PHR were concerned about how these families would have access to them.

Lustig said: “Part of the work is simply building trust in humanity again.”

 

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We are diminishing ourselves as a nation; but, in the end, it won’t stop human migration. While the purpose of torture is dehumanization and degradation of the “other,” torture actually increases the humanity of its victims while dehumanizing the torturers and their enablers.

It’s also worthy remembering the next time “Big Mac With Lies,” Nielsen, Kelly, ”Gonzo” Sessions and other noted torturers want to “clean up their images” and capitalize on their misdeeds by speaking to an organization to which you belong or attend. Remember who they REALLY are beneath their facades: unpunished perpetrators of “Crimes Against Humanity.”

PWS

02-26-20

“BABY JAILS” — Georgetown Law Professor Phil Schrag Releases New Book Taking You Inside America’s “Kiddie Gulags” & The Continuing Fight To End The U.S. Government’s Official Policies of Inflicting Child Abuse On The Most Vulnerable Among Us!

Professor Philip G. Schrag
Professor Philip G. Schrag
Georgetown Law
Co-Director, CALS Asylum Clinic

 

Professor Kit Johnson
Professor Kit Johnson
U of OK Law
Contributor, ImmigrationProf Blog

Here’s a great “mini review” of Phil’s new book from Professor Kit Johnson on ImmigrationProf Blog:

Thursday, February 20, 2020

Thoughts on Baby Jails by Philip G. Schrag

By Immigration Prof

 

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Kevin has already posted about Baby Jails, the new book from immprof Philip G. Schrag (Georgetown) that explores the detention of migrant children.

I write today as someone who recently devoured this book. Let me start by telling you two things about myself: I hate flying and I am not much of a fan of nonfiction books. Combining these two things, I tend to read a riveting YA novel while flying in an effort to distract myself from how many feet I am unnaturally suspended above the earth’s surface. Yet I recently read Schrag’s book over the course of 3 flights. It was utterly engrossing.

The book is jam-packed with law and yet manages to read like a narrative. You get a feel for characters (Jenny Flores, certain attorneys and judges) and find yourself rooting from the sidelines even as you know victories will frequently fail to live up to their promise.

The book included numerous vignettes and insights that were entirely new to me. For example, did you know Ed Asner was responsible for Flores’ legal representation? Yes, the grumpy old man from Pixar’s Up set out to help his housekeeper’s daughter who was housed with Flores and connected the young women with Peter Schey, founder of the National Center for Immigrants’ Rights (now the Center for Human Rights and Constitutional Law).

Here’s another one: Leon Fresco represented the government in a 2015 lawsuit brought by Schey to enforce the Flores settlement — arguing that the settlement didn’t apply to children traveling with parents and that the agreement was “no longer equitable.” Leon Fresco! I wrote about him a few years back — he was a key player in the failed 2013 comprehensive immigration reform led by the Gang of Eight.

I’m also impressed by how comprehensive the book is. I recently spoke to a friend who is on the cusp of publishing a book and we talked about how, at some point in the writing process, the publisher will charge by the word for additions of any kind. Yet Schrag’s book must have been edited and added upon right up until the last moment of publication. There is nothing of current import that is left behind (remain in Mexico, asylum cooperation agreements, third country transit).

This book is marvelous. A tour de force. I recommend it to everyone — even terrified flyers. Instead of gasping at every bump in the jet stream you’ll be scribbling away in the margins, furious at what our nation has done to children in the name of immigration enforcement.

-KitJ

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Thanks, Phil & KitJ, my friends and colleagues. Both of you are amazing inspirations to all of us in the “New Due Process Army.”

The Trump regime seeks to take child abuse many steps further to effectively “repeal by administrative fiat” all asylum protection laws, to insure that as many families and children as possible suffer, die. or are forced to remain in life-threatening conditions outside the U.S., and to abandon any effective cooperative efforts to improve conditions in “refugee sending” countries. 

Meanwhile, many complicit Article III Judges (U.S. District Judge Dolly Gee being a notable exception) simply “look the other way” — not THIER kids and families being tortured and killed, so who cares what happens to them — and a depressing segment of the U.S. public just doesn’t care that the Trump regime is putting America among the most notable international human rights abusers. After all, THEY have jobs, THEIR kids aren’t the Trump regime’s targets (yet), and the stock market is going up. So, who cares what dehumanization, intentional human rights abuses, and violations of legal norms are taking place in their name?

Still, I think that Phil, Kit, the Round Table, and many other members of our “New Due Process Army” are clearly “on the right side of history” here. It’s just tragic that so many innocent folks, many of them children, will have to die or be irreparably harmed before America finally comes to its senses and restores morality and human values to our government.

We’ve got a chance to “right the ship” this November. Don’t blow it!

Due Process Forever; Government Child Abusers & Their Enablers Never!

PWS

02-25 -20