“’DUH’ ARTICLE OF DA DAY” – Former FBI Acting Director McCabe Says “then–Attorney General Sessions [was] a Trump-like idiot and racist” – Gee, Seems Like That Was What Liz, Corey, & The Black Caucus Told Us – But McConnell Silenced The Truth & He & His GOP Cronies Subjected America To Perhaps The Worst & Least Qualified Attorney General In U.S. History!

https://slate.com/news-and-politics/2019/02/andrew-mccabe-book-jeff-sessions-irishmen.html

Molly Olmstead reports for Slate:

Former FBI Deputy Director Andrew McCabe’s new book, which details his frustrations with President’s Trump administration, has made it clear that his “disdain for Trump is rivaled only by his contempt for [Jeff] Sessions,” according to an assessment from Washington Post reporter Greg Miller.

According to Miller’s review of the book, McCabe saw then–Attorney General Sessions as a Trump-like idiot and racist who had “trouble focusing, particularly when topics of conversation strayed from a small number of issues,” failed to read intelligence reports, and jumbled classified material with publicly reported news.

The strangest detail from the book, though, had to do with Sessions’ thoughts on the FBI’s hiring practices. According to the Post:

The FBI was better off when “you all only hired Irishmen,” Sessions said in one diatribe about the bureau’s workforce. “They were drunks but they could be trusted. Not like all those new people with nose rings and tattoos — who knows what they’re doing?”

According to a Wall Street Journal review of the book, McCabe wrote in his book that Sessions was only interested in immigration issues. He obsessed over the connection between crime and immigration, and he believed that Islam was an inherently violent religion, according to the Post. When presented with a counterterrorism case, he would first ask where the suspect was born or where the suspect’s parents were from. “He blamed immigrants for nearly every societal problem and uttered racist sentiments with shocking callousness,” Miller concluded from McCabe’s book.

McCabe’s assessment is surprising in only that it comes so bluntly from a man who once was acting head of the FBI but now seems intent on speaking out against the men who made his professional and personal life so difficult for 10 months (before he was fired just hours before his planned retirement, blocking him from receiving his full pension benefits). Sessions has a long, long history of making racist and anti-immigrant comments, while also implementing racist and anti-immigrant policies. A non-exhaustive list includes: allegedly warning a black lawyer to “be careful how you talk to white folks”; calling the NAACP “un-American”; reportedly joking that he used to think the KKK was “OK” until he discovered some smoked marijuana; praising an 1924 immigration act promoted by Nazi-style eugenics; denigrating a judge in Hawaii as “sitting on an island in the Pacific”; fondly remembered George Wallace, America’s most famous segregationist politician, as “one of the most formidable third-party candidates in this century; and lauding “the Anglo-American heritage of law enforcement.”

As for actions, in Alabama, Sessions punished black activists, defended voter suppression tactics, and kept black judges off the federal bench. He opposed sentencing reform over the crack-cocaine disparity. He has opposed hate crime protections and defended the official display of the Confederate flag. He has regularly attended events hosted by anti-immigrant and anti-Muslim groups, which he maintains a close relationship with. He touted falsehoods about DACA and immigrants in general. And of course, he pushed, relentlessly, for deportations and prosecutions of undocumented immigrants and even refugees fleeing domestic and gang violence.

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

Sessions is a living example of how someone can spend a lifetime “on the dole” as a so-called “public servant” without providing any meaningful positive service or contributions to the public good.

Compare this “life not so well lived” with the “real world” contributions of the many decent, hard-working, honest, and dedicated civil servants who were screwed over by Trump’s shutdown. Or, compare Sessions’s squandered, anti-social life with the significant “real life” contributions of many of the immigrants, both documented and undocumented, who came before me in Immigration Court over 13 years.

I’m not sure even the worst of the aggravated felons that I ordered deported did as much lasting damage to our nation and its future as did Sessions! He was a child abuser on a grand scale, and someone who used knowingly false narratives to send deserving refugees, particularly abused women, back to torture or even death in the countries from which they had fled. He was the architect of both family separation and the unbridled expansion of the “New American Gulag.”

He promoted hate, intellectual dishonesty, ignorance, bias, and intolerance of all kinds, and was an avowed enemy of kindness and human compassion. He even had the absolute audacity to cite the Christian Bible, the compassionate, merciful, inclusive, and forgiving teachings of one of the world’s greatest “outcasts,” in support of his own perverted, bias-driven, and totally un-Christian world view.

Oh yeah, and he had no management qualifications going into the job and proved, beyond a reasonable doubt, that he couldn’t manage his way out of a paper bag. Seldom in modern times has there been a more demoralized, mission-less, and dysfunctional mess than today’s Department of Justice. Even Watergate didn’t do as much institutional damage.

Sessions’s only real contribution to justice, due process, and the public good was the day he walked out of the U.S. Department of Justice for the last time. But, it will take years, if not generations, to repair the damage he has inflicted on the rule of law, our Constitution, honest government, and humane values.

Truly, Liz was right! This was one supremely unqualified dude!

PWS

02-16-19

HE’S NO HADRIAN! – Actually, Trump Is A Terrible “Wall Builder!”

J

David Lauter writes for the LA Times:

With his decision to declare a national emergency on the border and seek to build a border wall by executive fiat, President Trump has guaranteed more high-profile battles and likely more defeats.

What he hasn’t gotten is more fence.

That’s a consistent pattern — Trump opts for fights over actual accomplishments. A year ago, congressional Democrats offered $25 billion for border fencing as part of a broader immigration deal. Trump balked after initially agreeing. Last fall, Senate Democrats approved $1.6 billion to avoid a government shutdown. Trump went for the shutdown instead.

He ended up with $1.375 billion.

TRUMP’S DECLARATION

Trump went back and forth on whether he would sign the spending bill or precipitate another government shutdown. In the end, he agreed to sign it, but only in conjunction with a national emergency declaration that he hopes to use to divert several billion dollars more.

As Noah Bierman wrote, it’s unclear how much additional fencingTrump will actually be able to build even if his emergency declaration survives court challenges. White House officials say they hope to free up about $6.6 billion which could build or upgrade about 234 miles of fencing. They declined to say how much of that would be new construction.

There’s not a lot Congress can immediately do to block the emergency declaration. As Sarah Wire wrote, Trump could veto any move to block it, and although several Republicans have said they oppose the move, enough will almost surely stand with Trump to prevent the two-thirds vote in both houses needed to overturn a veto.

Environmental laws aren’t much of an impediment, either. As Anna Phillips and Molly O’Toole wrote, the 2006 law which expanded the building of fences along the border explicitly allows the Homeland Security department to waive nearly any environmental law. The administration has aggressively used that power.

But the emergency declaration itself will be vulnerable in court, as Trump said in a long, self-pitying riff during his Rose Garden news conference.

Opponents will almost surely sue, arguing that no emergency exists and that Trump is using the declaration in an unconstitutional effort to bypass Congress’ power to control spending. How that fight will be resolved — probably by the Supreme Court — is anyone’s guess.

In addition to those battles, any building project along the Texas border will involve long fights in court with angry landowners challenging efforts to take their land by eminent domain.

Don’t expect to see a “big, beautiful wall” along the border anytime soon.

But some White House advisors say that’s all beside the point. Trump’s core supporters, they argue, would like to see a wall built, but what they really care most about is seeing Trump fight for their priorities. In that analysis, the fight matters more than the outcome.

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

Once a con-man, always a con-man. “Malicious incompetence” is the hallmark of the Trump Administration.

PWS

02-16-19

TRUMP SIGNS CEASE-FIRE IN HIS WAR ON AMERICA!

TRUMP SIGNS CEASE-FIRE IN HIS WAR ON AMERICA!

TAKEAWAYS

  • Trump is an idiot

  • A very dangerous one

  • Who couldn’t negotiate his way out of a paper bag

  • The GOP has nothing but contempt for our country, our Government, our workers, and the collective intelligence of our people

  • Together, Trump and the GOP are the biggest threat to our nation since the Civil War

  • We’re not ”back to ground zero;” Trump has inflicted perhaps irreparable damage on America

  • America’s greatness is based heavily on the basic honesty, professionalism, dedication, and competence of its civil servants; Trump has broken, perhaps irrevocably, the bond of trust and respect with civil servants

  • Our survival as a nation over the next two years will largely depend on Speaker Nancy Pelosi’s political skills in limiting the damage Trump and the GOP can inflict on our country

PWS

01-26-19

COLBERT I. KING @ WASHPOST: NATION IN REGRESSION: Trump & His White Nationalist Flunkies Are An Insult To All That Rev. Martin Luther King & His Supporters, Of All Races & Religions Stood For! — From the promise of guaranteed rights to a return to the insecurity of injustice. A pluralistic America is being cynically drawn along racial lines by a president who is as far from the civility of his predecessors Truman, Eisenhower, Kennedy, Johnson, Ford, Carter, Reagan, the Bushes, Clinton and Obama as the charter of the Confederacy was from the Constitution.” — But, The New Due Process Army Continues MLK’s Legacy!

https://www.washingtonpost.com/opinions/martin-luther-king-jr-would-be-outraged/2019/01/18/e4a7b4c6-1a75-11e9-8813-cb9dec761e73_story.html

Colby King writes:

. . . .

The greatest contrast between the time King led the struggle for America’s legal and social transformation and now is a White House occupied by Donald Trump.

There is a long list of ways in which backtracking on civil and human rights has occurred since the election of a president who lost the popular vote by nearly 3 million votes. It ranges from discriminatory travel bans against Muslims to turning a federal blind eye to intentionally racially discriminatory state voter-suppression schemes, to opposing protections for transgender people, to inhumanely separating children from families seeking to enter the country.

Sadly, that’s not all that stands out.

Once the federal locus of the nation’s quest for racial reconciliation, today’s White House is a source of racial divisiveness and a beacon to the prejudice-warped fringes of American society. It’s no surprise that the FBI found hate crimes in America rose 17 percent in 2017, the third consecutive year that such crimes increased. In King’s day, racially loaded, hateful rhetoric could be heard across the length and breadth of the Deep South. Now, mean, disgusting and inflammatory words come out of the mouth of the president of the United States.

From the promise of guaranteed rights to a return to the insecurity of injustice. A pluralistic America is being cynically drawn along racial lines by a president who is as far from the civility of his predecessors Truman, Eisenhower, Kennedy, Johnson, Ford, Carter, Reagan, the Bushes, Clinton and Obama as the charter of the Confederacy was from the Constitution.

King, and the movement he led, would be outraged. The rest of us should be, too.

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

Read the full op-ed at the above link.

Very powerful! King speaks truth, reason, and humanity — in the spirit of Dr. King. Contrast that with the vile slurs, bogus race-baiting narratives, and non-policies spewing from the mouth of our racist (and incompetent) Liar/Grifter-in-Chief!

Two of my favorite MLK quotes (from the Letter from the Birmingham Jail — with acknowledgment to the Legal Aid and Justice Center from their poster hanging in my “office”)):

Injustice anywhere is a threat to justice everywhere.

Whatever affects one directly, affects all indirectly.

Thanks to those many courageous and dedicated individuals tirelessly serving America in the New Due Process Army by resisting Trump’s illegal and anti-American policies! You, indeed, are the 21st Century continuation of Dr. King’s legacy to our country and the world! Dr. King would be proud of you! Due Process Forever!

PWS

01-21-19

HAPPY NEW YEAR FROM COURTSIDE! — I Take A Look Forward @ 2019’s Big Immigration Stories

2019 Immigration Stories

  • Dreamer Litigation
  • Asylum Procedures Litigation
  • Continuing Collapse of Immigration Courts
        • More bogus, anti-immigrant, anti-Due Process certification decisions from AG
        • Pereira mess in scheduling
        • Cancellation mess; hundreds of thousands eligible for relief; no plans for adjudication
        • Dockets will continue to be screwed up by failure of responsible enforcement policies by DHS, failure of prosecutorial discretion exercised by virtually all other law enforcement authorities, and mindless, inappropriate “re-docketing” of previously Administratively Closed cases for no particular reason except White Nationalist inspired meanness
        • Massive returns of asylum and other improperly decided cases to Immigration Courts by Article IIIs
    • More deaths, illness, abuses resulting from Trump’s cruel, ill-conceived detention and border policies
    • Mexico and Article IIIs will,”push back” against Administration’s ill-conceived plans to “dump” legitimate asylum seekers over Mexican border
    • Public Charge Controversy
    • TPS Termination & Litigation
      • One of Trump’s dumbest, most unnecessary, & disruptive moves will wreak havoc on the economy and the legal system
    • Lots of fraud, waste, and abuse at DOJ and DHS will be exposed by House Committees
    • Will new AG prove to be “Button Down Version of Jeff Sessions?”

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

HAPPY NEW YEAR

 😎👍🏼🍻🍾🏈❄️☃️🥳

PWS

01-01-19

CATHERINE RAMPELL @ WASHPOST: Trump’s Immigration Restrictionism Is Destroying America, One Dumb White Nationalist Scheme At A Time! – How Racist Stupidity Is Sending “The Best & Brightest” Students Elsewhere, To Our National Detriment! — A WINNER OF THIS WEEK’S “FIVE CLOWNS” AWARD!

https://www.washingtonpost.com/opinions/one-of-americas-most-successful-exports-is-in-trouble/2018/12/13/f7234e8c-ff1b-11e8-83c0-b06139e540e5_story.html?utm_term=.9b66721395b9

Catherine writes:

One of America’s most successful exports is in trouble.

For decades, the U.S. higher-education system has been the envy of the world. We “sell” much more education to other countries than we “buy” from them; nearly three times as many foreign students are currently studying here as we have abroad.

In trade terms, this means we run a massive surplus in education — about $34 billion in 2017, according to Commerce Department data. Our educational exports are about as big as our total exports of soybeans, coal and natural gas combined.

But all that may be at risk.

A recent report from the from the Institute of International Education and the State Department found that new international student enrollments fell by 6.6 percent in the 2017-2018 school year, the second consecutive year of declines. A separate, more limited IIE survey of schools suggests that the declines continued this fall, too.

To be sure, some of the forces behind these decreases are beyond our (or President Trump’s) control. Some foreign governments, such as Brazil and Saudi Arabia, have reduced the scholarships that previously sent significant numbers of students to the United States, according to Peggy Blumenthal, senior counselor to the president at IIE.

China, whose students represent about a third of U.S. international student enrollment, has been investing in improving its own domestic university system, too.

But according to the schools that are now watching the trend, the biggest forces deterring international students are U.S. policy and U.S. culture.

“They see the headlines and they think that they’re no longer wanted in the United States,” said Lawrence Schovanec, president of Texas Tech University, whose foreign student enrollment declined by 2 percent this year. Sixty percent of schools with declining international enrollment, in fact, said that the U.S. social and political environment was a contributing factor, according to the IIE survey.

The most frequently cited issue, however, was “visa application process or visa issues/delays.” In the fall 2018 survey, 83 percent of schools named this as an issue, compared with 34 percent in fall 2016.

Problems began — but didn’t end — with Trump’s Muslim ban. Schools have seen students trapped abroad and have since advised some students not to go home before graduation lest they get stuck trying to come back. Said Bennington College President Mariko Silver, “We’ve seen individual students who have contacted us with the desire to come and have pulled out of the process.”

Boo-hoo, Trump supporters might say. What’s the big deal if some foreigners stay home?

Forget the feel-good explanations about how international students enrich the campus environment (which I don’t dispute). The students who come here also spend cold, hard cash: on tuition, travel, books, food, housing.

A lot of jobs depend on those students. American colleges and universities alone employed 3 million people in 2017. For context, that dwarfs the entire agriculture, forestry, fishing and hunting sector.

And contrary to perceptions that foreign students take spots that belong to Americans, at many schools they’re enabling more American students to get a degree.

In the years after the financial crisis, as states slashed budgets for higher education, schools helped make up the shortfall by enrolling more out-of-state and international students. These students generally pay full tuition, and their higher fees are used to cross-subsidize lower, in-state tuition rates (and scholarships) of American classmates.

No wonder that the University of Illinois at Urbana-Champaign recently paid $424,000 to insure itself against a significant drop in tuition revenue from Chinese students.

More significantly, a continued drop-off in international students could cause serious pain beyond academia.

Foreign students come here in part because they’re interested in staying after graduation and working here. They disproportionately study fields that U.S. employers demand, and that U.S. students avoid. Foreign students now represent a majority of computer science and engineering graduate programs at U.S. universities, for instance.

That talent pipeline may be drying up.

Foreigners are experiencing more visa issues not only when they apply to study but also when they apply to stay and work. That might be one reason more than half of the decline in total enrollment last year was due to fewer students from India in computer science and engineering grad programs.

Our loss has become other countries’ gain. We’re still the top destination for foreign students, but Australia and Canada have each seen their international enrollments rise by double-digit percentages in the past year. They’re enticing students in word and in deed, with messages of welcome and expedited visas.

Trump likes to say that our allies are taking advantage of us on trade. In this case, would you really blame them?

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

Yup. “Bad things happen” when countries allow themselves to be ruled by bad leaders whose policies are driven by irrational fear, racism, and nationalist jingoism.  They lose out to countries whose policies are governed by “enlightened self-interest” and a sense of belonging to a larger community.

Great job by Catherine of picking up on a “below the radar” way in which Trump is destroying America.

For its toxic mix of stupidity, xenophobia, racism, and incompetence in its policies toward nonimmigrant students, the Trump Administration earns this week’s coveted “Five Clowns Award!”

🤡🤡🤡🤡🤡

PWS

12-14-18

TRUMP’S IMMIGRATION “POLICIES” ARE BASED ON RACISM, CRUELTY, LIES, & KNOWINGLY FALSE NARRATIVES — THE GOP HAS SOMETIMES ENCOURAGED, & OTHER TIMES ENABLED, THESE OUTRAGES AGAINST HUMANITY & THE RULE OF LAW — Now Some Accountability For These Despicable Actions Are On the Horizon!

https://www.washingtonpost.com/blogs/plum-line/wp/2018/11/28/the-true-depths-of-trumps-cruelty-are-about-to-be-exposed/

Greg Sargent writes for the WashPost:

The House GOP’s near-total abdication of any oversight role has done more than just shield President Trump on matters involving his finances and Russian collusion. It has also resulted in almost no serious scrutiny of the true depths of cruelty, inhumanity and bad-faith rationalization driving important aspects of Trump’s policyagenda — in particular, on his signature issue of immigration.

That’s about to change.

In an interview with me, the incoming chairman of the House Homeland Security Committee vowed that when Democrats take over in January, they will undertake thorough and wide-ranging scrutiny of the justifications behind — and executions of — the top items in Trump’s immigration agenda, from the family separations, to the thinly veiled Muslim ban, to the handling of the current turmoil involving migrants at the border.

“We will visit the border,” Rep. Bennie Thompson (D-Miss.), who is expected to chair the committee, which has jurisdiction over the Department of Homeland Security, told me. “We will hold hearings in committee on any and all aspects of DHS. … We will not back off of this issue.”

This oversight — which could result in calling for testimony from Stephen Miller, the architect of Trump’s immigration agenda — will include scrutiny of the administration’s justifications for its policies. Importantly, Thompson tells me Democrats will seek to grill officials on what went into Trump’s public statements on various aspects of the issue, many of which are falsehoods.

On asylum seekers, for instance, Trump’s public rationale for his various efforts to restrict their ability to apply (which is their legal right), is based on lies about the criminal threat they supposedly pose and absurd exaggerations about the rates at which they don’t show up for hearings.

Migrant caravan crisis escalates with tear gas at border fence

U.S. authorities fired tear gas at members of a Central American migrant caravan who had rushed the fencing along the U.S. border with Mexico on Nov. 25.

To be clear, Trump has used these rationales to justify actual policies with real-world impact, such as the effort to cruelly restrict asylum-applications to only official points of entry. Trump has also threatened a total border shutdown. Hearings could reveal that the justifications are nonsense, and spotlight their true arbitrary and cruel nature (putting aside for now that their real motive is ethno-nationalism).

“All this innuendo we hear about criminals coming in the caravan, we just want to know, how did you validate this?” Thompson told me, adding that DHS officials would be called on in hearings to account for Trump’s claims. “Policy has to be backed up with evidence. So we will do rigorous oversight.”

This will also include a look at the recent tear-gassing of migrants, and the administration’s public statements about it and justifications, Thompson said. Homeland Security Secretary Kirstjen Nielsen has defended the fact that tear gas appears to have impacted children by claiming they were used as “human shields.”

The use of the military as a prop

Thompson said such scrutiny could dovetail with an examination of Trump’s use of the military at the border as campaign propaganda, though that might involve the House Armed Services Committee. “We have to get full disclosure in a public setting or a classified setting,” Thompson said. “Under no circumstances will we not get information.”

By the way: Even if you take some of Trump’s complaints about asylum seeking seriously — there are serious issues with backlogs that have real consequences — you should want this oversight. If done well, it could shed light on actual problems, such as the role of the administration’s deliberate delays in processing asylum seekers in creating the current border mess, to the real need to reorganize the bureaucracy to relieve backlogs and to pursue regional solutions to the root causes of migration surges.

The overall goal, Thompson said, will be this: “As a nation of immigrants ourselves, we want to make sure that our process of immigration that includes asylum-seekers is constitutional and represents American values.”

Family separations and the travel ban

Thompson told me the committee would also look at the process leading up to the travel ban, which proceeded despite the fact that two internal Homeland Security analyses undercut its national security rationale.

Democrats can demand that DHS officials justify that policy. “What did you use to come up with this travel ban? How did you select these countries?” Thompson said, previewing the inquiry and vowing subpoenas if necessary. “We will ask for any written documentation that went towards putting the ban in place, what individuals were consulted, and what the process consisted of.”

Thompson also said the run-up to the implementation of the family separation policy and its rationale would receive similar scrutiny, as well as at the conditions under which children have been held, such as the reported Texas “tent city.” “Somebody is going to have to come in and tell us, ‘Is this the most efficient way to manage the situation?’” Thompson said. But also: “How did we get here in the first place?”

What can Democrats do?

One big question: What will House Democrats do legislatively against such policies? Thompson told me the goal is to secure cooperation with DHS, but in cases where the agency continues policies that Democrats deem terribly misguided or serious abuses, they can try to legislate against them. That would run headlong into Trump and the GOP-controlled Senate, at which point one could see discussion of targeted defunding of certain policies, though whether that will happen or what that might look like remains to be seen.

“As far as I’m concerned, no option is off the table,” Thompson said. Some more moderate House Democrats who won tougher districts might balk at such a stance, but Thompson said: “Every committee has responsibilities, and we have to carry them out.”

The big story here is that Trump has relied on the outright dismissal of his own administration’s factual determinations to justify many policies, not just on immigration, but also with his drive to weaken efforts to combat global warming despite the big report warning of the dire threats it poses.

The administration will strenuously resist Democratic oversight, and I don’t want to overstate what it can accomplish. But House Democrats must at least try to get into the fight against Trump’s war on facts and empiricism wherever possible. And when it comes to the humanitarian crises Trump has wrought on immigration, this is particularly urgent.

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

Finally, some much-needed, long-overdue accountability, fact-finding, and truth about Trump’s intentionally cruel and usually lawless immigration policies and those sycophants and toadies who implement them and egg him on. No, it won’t necessarily change things overnight. But, having some “pushback” and setting the factual record straight for further action is an important first step. And, I hope that the absolutely avoidable politically created mess in the U.S. Immigration Courts, and their disgraceful abandonment of Due Process as their sole focus, is high on the oversight list!

 

PWS

12-02-18

 

 

 

 

US DISTRICT JUDGE TIGAR STUFFS ADMINISTRATION SCOFFLAWS’ STAY REQUEST!

https://www.cnn.com/2018/11/30/politics/asylum-injunction-ruling-immigration/index.html

Ariane de Vogue and Geneva Sands, report for CNN:

Washington (CNN)A federal judge in California on Friday left in place a nationwide injunction that blocks the President’s asylum restrictions from going into effect.

Judge Jon S. Tigar of the US District Court for the Northern District of California said the government had not shown that the President’s policy “is a lawful exercise of Executive Branch authority.”
Lawyers for the Department of Justice had asked Tigar to lift his temporary restraining order — issued November 19 — while the appeals process plays out.
But Tigar refused to do so, holding that the government had failed to convince him that asylum seekers with legitimate claims would not suffer “significant harms” due to the new policy.
The move comes after President Donald Trump lashed out last week at Tigar, and said he would ultimately prevail in the case before the Supreme Court.
Earlier this month, Trump signed a proclamation that would have prevented most migrants who crossed the southern border illegally from seeking asylum.
The American Civil Liberties Union immediately sued the administration on behalf of asylum assistance groups in California. Within 10 days of the President’s proclamation, Tigar granted the ACLU’s request for a temporary restraining order. The policy has since been in legal limbo.
“We are pleased the district court continues to recognize the harm that will occur if this illegal policy goes into effect,” ACLU lead attorney Lee Gelernt said in a statement Friday.
Asked for comment, the Justice Department referred CNN to a statement issued by Homeland Security Department spokeswoman Katie Waldman and Justice Department spokesman Steven Stafford after the temporary restraining order was issued, which says in part: “Our asylum system is broken, and it is being abused by tens of thousands of meritless claims every year. As the Supreme Court affirmed this summer, Congress has given the President broad authority to limit or even stop the entry of aliens into this country.”
When he issued his order on November 19, Tigar said the Trump administration policy barring asylum for immigrants who enter outside legal checkpoints “irreconcilably conflicts” with immigration law and the “expressed intent of Congress.”
“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Tigar wrote, adding that asylum seekers would be put at “increased risk of violence and other harms at the border” if the administration’s rule is allowed to go into effect.
On behalf of the administration, Department of Justice attorneys had argued that the court’s injunction “directly undermines the President’s determination that an immediate temporary suspension of entry between ports of entry is necessary to address the ongoing and increasing crisis facing our immigration system.”

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

The statements issued by the DOJ and DHS claiming that there are “tens of thousands of meritless asylum applications” are misleading, at best. While it is true that more asylum applications are denied than are granted, (a stark reversal of the situation only a few years ago), that by no means makes them “meritless” or means that the individuals didn’t have a right to have their cases fairly adjudicated under our laws.

Indeed, the latest TRAC statistics showing a continuously declining asylum grant rate under Trump, notwithstanding worsening conditions in the Northern Triangle and in most other asylum sending countries, strongly suggests that it is the Government’s bias and blatant politicization of the Immigration Court system that is the real abuse here.

http://trac.syr.edu/immigration/reports/539/

Clearly, Session’s perversion of the law and facts in Matter of A-B- in an effort to deny protection to one of the most clearly persecuted groups in the world — women who are victims of gender based persecution in the forms of domestic violence — is a prime example of the type of improper racist-inspired political meddling that has been allowed to take place. It has destroyed the remaining integrity of the Immigration Court system, as well as endangered the lives of many deserving refugees in need of protection to which they are legally entitled but are being denied for improper reasons. When history eventually sorts out this sordid episode, the racist officials and the “go along to get along” judges and other government officials will be clearly identified for what they are.

The idea that the U.S. Government, which has purposely created a bogus “emergency” at the Southern Border with the political stunt of sending troops rather than Asylum Officers and Judges, is preposterous! While the poor asylum seekers face a genuine danger intentionally and cynically created by Trump and his White Nationalists, they pose no real threat to the U.S. Fortunately, Judge Tigar saw through the Administration’s contemptuous threats and disingenuous arguments to the contrary.

PWS

111-30-18

 

 

FEAR & LOATHING IN THE WHITE HOUSE — Trump Is The “Anti-FDR”

https://www.nytimes.com/2018/11/28/opinion/trump-the-monster-who-feeds-on-fear.html

Jennifer Finney Boylan in the NY Times:

It took Donald Trump to make me associate Franklin Roosevelt with Pennywise the Dancing Clown.

It was Roosevelt, of course, who, in his first inaugural address, said that “the only thing we have to fear is fear itself.” That remarkable speech, delivered before Congress on March 4, 1933, is worth revisiting, and not least for the dignity of its rhetoric. The speech outlined the strategy with which Roosevelt would combat the Great Depression; its hope was to inspire, to bring people together and above all, to reassure the nation that we would “revive and prosper.”

The primary obstacle to this restoration was not economics but fear: “nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance.” A key strategy for conquering that fear, he went on, is speaking with candor: “This is pre-eminently the time to speak the truth, the whole truth, frankly and boldly.”

If, 85 years later, you wanted to imagine the presidency of Mr. Trump in a nutshell, simply take all of the generousness and wisdom in Roosevelt’s first inaugural address and do the opposite.

The only thing Mr. Trump has is fear itself.

He wants us to be afraid, for it is fear that divides us, that sets us one against the other. If there is anything frank and bold about this presidency, it is Mr. Trump’s ability to invent falsehoods out of fairy dust and marzipan, solely to make us afraid — of immigrants, of transgender people, of one another.

It doesn’t matter to him that most of the things he urges us to be afraid of pose no danger. What matters is that his paranoid inventions suck up our attention and make us focus, week after week, upon him.

Those of us in the media devote endless hours to refuting the latest barrage of hooey emanating from the White House. But even in this, we’re still amplifying his noise and nurturing, even in the process of refutation, the fear on which the man thrives.

All of which makes covering this White House very difficult indeed. When Jim Acosta’s press credentials were suspended recently, the British journalist Jane Merrick suggested a mass boycott of the briefings. But as Masha Gessen in The New Yorker observed, this action “would mean walking away from politics altogether, which, for journalists, would be an abdication of responsibility.”

So we can’t ignore him, and we can’t report on him without engaging in his game. In so many ways we’re trapped — which is, one suspects, exactly what this president wants.

There’s a well-worn trope in horror fiction about the Monster Who Feeds on Fear. These are creatures or forces who thrive on negative emotions and whose power over you is in direct proportion to the terror they can generate: Vincent Price’s “The Tingler”; the Scarecrow character in the Batman franchise; Marvel Comics’ Mister Fear; the Dark Side in “Star Wars.”

The most fully imagined of these monsters, in my opinion, is Stephen King’s Pennywise the Dancing Clown in the novel “IT,” who prefers above all to devour children, because their fears are the easiest to manipulate. It’s a process he compares to “salting the meat.”

If this were a horror movie, our heroes would understand that the only way to defeat the monster is by refusing to be afraid of it, to shrink it through indifference.

This being reality, though, that path is really not available to us — either as journalists or as citizens. Try as we might, we cannot ignore the president of the United States.

But we still have options.

One of them is legal action. PEN America — the advocacy group promoting free expression worldwide (and on whose board I serve) — filed suit this fall in federal court to stop President Trump from using the machinery of government to retaliate or threaten reprisals against journalists and media outlets for coverage he dislikes. There is other legal action pending against Mr. Trump and his administration as well, including whatever emerges from the Mueller investigation.

These actions will give this president ample reason to feel some of the fear he has inflicted on others.

The other strategy is the one thing that Mr. Trump appears to fear most, for it is the one thing that all his riches and power have apparently never brought him. And that thing is a sense of humor.

In J.K. Rowling’s “Harry Potter” stories, one of the most terrible creatures our young heroes can face is the boggart — a creature that feeds on fear. A boggart takes the form of whatever it is you fear the most. Harry sees a wraithlike creature called a Dementor; Ron Weasley sees a giant spider; Neville Longbottom sees the cruel and mysterious Professor Snape.

These apparitions are not dispelled through violence, or cruelty, or by building a giant wall. In the genius of Ms. Rowling’s imagination, they are vanquished with a charm called “Riddikulus,” which turns the boggart into an object of derision. In the wake of this charm, Ron’s spider winds up on roller skates; Neville’s Snape finds itself in his grandmother’s pajamas.

It’s no coincidence that this president is famous for having no sense of humor. It is comedy, above all, that peels the masks off liars and reveals the truth — the virtue that Roosevelt deemed most necessary to convert retreat into advance.

Want to conquer fear? Tell better jokes — and not the easy kind, salted with cruelty and malice, but the more complex, generous and fundamentally American variety, as pioneered by Mark Twain, or Richard Pryor, or Lily Tomlin.

Let the rule of law, the power of truth and the subversion of humor vanquish this boggart for good. In so doing we shall assert our firm belief: The only thing we have to fear is Trump himself.

Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.

Correction: 

An earlier version of this article misstated the surname of the writer of a New Yorker article on White House press briefings. She is Masha Gessen, not Masha Green.

Jennifer Finney Boylan, a contributing opinion writer, is a professor of English at Barnard College and the author of the novel “Long Black Veil.” @JennyBoylan

A version of this article appears in print on , on Page A27 of the New York edition with the headline: A Monster Who Feeds On Fear. Order Reprints | Today’s Paper ******************
A small man with a small mind and the heart of a coward. The thing he hates the most is when the rest of us stand up to, expose, and challenge his lies, false narratives, and constant bullying of the most vulnerable among us.
PWS
11-30-18

HERE’S WHAT THE DISHONEST SCOFFLAW OFFICIALS IN THE TRUMP ADMINISTRATION DON’T WANT YOU TO KNOW: Many Who Escape From The Northern Triangle Are, In Fact, Refugees — When They Are Given Access To Competent Counsel & Fair Hearings Before Fair & Impartial Judges, They Often Succeed In Getting Protection! – Here’s Another “Real Life” Example!

“New Due Process Army” stalwart, Professor Alberto Benitez of the George Washington Law Immigration Clinic, reports:

Friends,
Please join me in congratulating Immigration Clinic student-attorney Megan Elman, and her clients, R-G, his wife, J, and their two kids, ages 10 and 5 respectively, R and L, from El Salvador.  This afternoon, after a two and a half-hour hearing, IJ Cynthia S. Torg granted the clients’ asylum application.
R-G was a maritime police officer, and because of that status, he and his family were threatened with death by mara gang members.  During an outing at the beach, the family had a gun pointed at them while being threatened. One of the maras told R-G that his order was only to tell him to move away, but he wished he had been given the order to kill him, because he would have preferred to cut off R-G’s head and hang it from  a tree.  Afterward, R and J tried to file a complaint with their local police, but were advised by the police not to bother and instead flee the country.  That night, unknown, masked, armed men appeared outside their house.  Eventually the men left, but the family decided to flee to the USA.
Congratulations also to Sarah DeLong, Jonathan Bialosky,  Solangel González, and Sam Xinyuan Li, who previously worked on this case. 
**************************************************
Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
650 20th Street, NW
Washington, DC 20052
(202) 994-7463
(202) 994-4946 fax
abenitez@law.gwu.edu
THE WORLD IS YOURS…
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Contrary to what the Trump Administration and EOIR Management would have you believe, these types of cases are neither unique nor extraordinary in their factual setting. I encountered lots of “slam dunk” Northern Triangle asylum, withholding, and/or CAT cases at the Arlington Immigration Court.
What is unusual is that these individuals; 1) got access to the hearing process, 2) had access to competent pro bono counsel, 3) had sufficient time in a non-detained setting to gather evidence in support of their applications, 4) were given sufficient time to fully present their cases in court, 5) didn’t have to wait many years for their final hearing, and 6) and perhaps most significantly, were fortunate enough to have a fair, impartial, and scholarly Immigration Judge like Judge Cynthia S. Torg, to decide their cases. I’d also infer from this description that the DHS Assistant Chief Counsel played a constructive role in critically, yet fairly and professionally, developing the facts so that the Immigration Judge could make an immediate decision and appeal could be waived.
Imagine how this case might have come out had it occurred in Atlanta, Charlotte, or El Paso where the Immigration Judges are notorious for prejudging asylum cases against the applicants and merely providing the “trappings of due process.” Or, if these individuals had been forced to “represent” themselves in a godforsaken so-called “detention court” unprepared, traumatized, and within a short time after arrival. Or, if the Immigration Judge had insisted on truncating the process to complete her “quota” of four cases per day. Or, if under the Trump regime, they had never been given access to the Immigration Court hearing process in the first place. Or, if the Assistant Chief Counsel had appealed to the BIA where delays are common and panels vary widely as to their commitment to a fair, impartial, and overall generous view of asylum law in accordance with their own (often cited, not always followed) precedent in Matter of Mogharrabi! Or, if after the fact, a political hack like Jeff Sessions had arbitrarily and unethically intervened to deny relief to satisfy his White Nationalist restrictionist “agenda.”
The truth is that many, perhaps the majority, of the Northern Triangle asylum cases could be efficiently and promptly granted by the USCIS Asylum Office. With the “reinstatement” of A-R-C-G- (recognizing domestic violence) and some positive precedents (when’s he last time you saw one of those from the BIA on asylum?) covering recurring situations such as this one, many more Northern Triangle asylum cases could be granted by stipulation of counsel following short hearings before the Immigration Judges.
On the flip side, in a fairer system, it would be easier for everyone to recognize situations that didn’t merit protection under the law after fair hearings. My experience in Arlington was that when I listened carefully and issued a clear and reasoned explanation of why protection could not be granted, the applicants often (not always) would waive appeal and accept my order as final. Actual, as opposed to cosmetic, fairness helps both sides to accept the decisions below.
That’s precisely what the biased Jeff Sessions has “disempowered” in this now inherently unfair court system. A system run by political officials in the Trump Administration (or any other Administration for that matter) can never be perceived as fair.
Issuance and enforcement of more positive precedents by the BIA (without the current political interference by the DOJ) would also lead to greater uniformity, as judges in places like Atlanta, Charlotte, El Paso, Stewart, etc., would be required to follow the asylum laws and apply them in the generous manner required by the Supreme Court in Cardoza-Fonseca, rather than acting on their enforcement biases against asylum seekers and trying to “lead the league” in producing rote unfair removal orders to the delight of the DOJ politicos.
If restructured into an independent court system with Due Process as the one and only goal and a merit selection system for judges going forward, the Immigration Courts have the potential to make justice with efficiency the norm, rather than the exception. But, that’s not going to happen in the current  politically compromised and incompetently administered structure of EOIR within DOJ.
America needs an independent Article I U.S. Immigration Court. The Fifth Amendment to our Constitution demands it! 
PWS
11-28-18

JRUBE @ WASHPOST: Trump’s Racist & Intentionally Illegal Immigration Enforcement Policies Have Been A Failure & A Gross Abuse of Government Authority & Taxpayer Resources — It’s High Time For Some Real Accountability!

https://www.washingtonpost.com/news/opinions/wp/2018/11/27/congressional-oversight-should-start-with-a-policy-fiasco-like-this-one/

Rubin writes in WashPost:

Trump administration scandals surely must be examined by the new Democratic-controlled House, which intends to take its constitutional obligations seriously, in contrast with the GOP House majority. But congressional oversight should be about more than scandals: Equally important is to probe the policy disasters (as numerous as the ethical lapses), both to hold the executive branch accountable and to help formulate appropriate legislation. The border situation is a prime example.

The Post reports:

A day after U.S. agents fired tear gas to repel migrants breaking through the border fence in Southern California, Homeland Security officials defended the use of force and their decision to close the country’s busiest port of entry, saying they expect additional confrontations and shutdowns.

Facing dismal conditions in Mexico and long waits for the chance to request asylum in the United States, thousands of Central American migrants are becoming more agitated, and officials see no quick resolution to the tensions that erupted Sunday. …

On Monday, critics of the Trump administration denounced border agents’ use of force on groups that included families with children, but U.S. officials praised what they called “quick and effective action” against crowds of stone-slinging young men who pried open the border fence at multiple locations to squeeze through.

Like the family separation debacle, this is a crisis of the Trump administration’s own making. Sending the military (with threats to use force on civilians), threatening to “close the border” and attempting to issue a blanket denial of asylum (halted by the courts) have all created a sense of panic:

The migrants who participated in Sunday’s border rush were a minority among the 5,000 or so Central Americans who have arrived in caravan groups to Tijuana in recent weeks hoping to enter the United States. Critics of the administration’s hard-line response have insisted that members of the caravan groups would exercise their legal right to seek asylum at U.S. border crossings. But with more than 4,000 people on a wait list to approach the border crossing, and U.S. immigration authorities insisting that they have the capacity to process just 60 to 100 asylum seekers per day, frustration has been welling at the camp where migrants are sleeping in tents and enduring long lines for food.

Instead of sending troops and making unconstitutional threats, the Trump administration should be dispatching an army of judges to consider the asylum applications — and working with Central American governments to address the conditions that force their citizens to flee.

Rather than accept responsibility for their own bad decision-making, the Trump administration falsely accuses the Obama administration of practicing the same inhumane family separation policy. (The Post’s fact checkers find: “It’s not the first time [President] Trump tries to minimize the scope of his family separations at the border by claiming that President Barack Obama had the same policy. This claim and its variations have been roundly debunked. We gave them Four Pinocchios in June. … There is simply no comparison between Trump’s family separation policy and the border enforcement actions taken by the Obama and George W. Bush administrations.”)

‘We come in peace’: Central American migrants’ uncertain future

A full congressional investigation is essential to answer the most basic questions:

  • Who issued the zero-tolerance policy, and who approved it?
  • What discussion/consideration of the ensuing family separations was undertaken?
  • What basis is there for the administration’s assertions that there are “Middle Eastern” people and criminals in the caravan? (“It has almost nothing but supposition to show the public. Many of the caravan members are women and children fleeing violence in their home countries or seeking economic opportunity in the United States. They hardly fit Trump’s description of ‘very tough people’ rushing the border.”)
  • Where are the “stone-cold criminals” Trump keeps claiming are part of the caravan, and why wouldn’t they be rejected through the normal asylum evaluation process?
  • Against whom did U.S. agents lob tear gas?

Aside from debunking a host of false claims by the Trump administration and anti-immigrant zealots, the hearings ideally should produce legislation that at a bare minimum permanently bans family separations, allocates funds for border security and for immigration judges (even Sen. Ted Cruz, a Texas Republican, supports that), gives protection to the dreamers and supports aid to Central American countries from which migrants are fleeing.

In short, Congress needs to do its job, instead of acting as a cheerleader for Trump’s racist, hysterical rhetoric.

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I’ve been saying this for a long time!  There has been no accountability for anything under the GOP. including unwarranted deficits, high-level corruption (starting with the White House and the Trump family), and total waste of taxpayer money.

And, it’s not too late to hold corrupt White Nationalist scofflaw Jeff Sessions accountable for his gross abuses of his office, of our Constitution, and his crimes against humanity. How about some accountability for the evil racist anti-American subversive Stephen Miller? Also, don’t forget airhead sycophant Nielsen and her DHS underlings who mindlessly mouth Trump lies by blaming the Federal Courts, Democrats, and, most despicably, the victims for the messes that their own cruel incompetence and mockery of the rule of law has created!

PWS

11-28-18

THE LEVIN REPORT: Yes, We’re Being Governed By An Idiot! – As His Policies Help Destroy Ohio Jobs, “The Don” Threatens To Kneecap GM’s Mary Barra (For The Kind Of “Business Decision” To Screw Workers That He Made On A Frequent Basis)

THE HILL: Sen. Ben Cardin (D-MD) Points Finger @ Trump For Bogus Border Crisis!

https://apple.news/AJe1kxmmyRdi0l-QX8e70xQ

By Brett Samuels in The Hill:

Dem Senator: Trump administration’s policies ‘caused anxiety at the border’

Sen. Ben Cardin (D-Md.) on Monday blamed the Trump administration for causing “anxiety” at the southern border a day after border agents fired tear gas in response to migrants attempting to breach the border.

“There’s a better way to handle this. The United States, the Trump policies has caused anxiety at the border,” Cardin said on CNN’s “New Day.”

“There’s an orderly process that should have been used,” he added. “Should we fix our immigration system? Absolutely. But this administration has made no effort to fix our immigration system.”

President Trump has repeatedly blamed Congress and Democrats, in particular, for failing to pass legislation hardening the country’s immigration laws. The White House and lawmakers have been unable to reach an agreement on a host of immigration issues, though Congress has provided some funding for border security.

Cardin said Monday that the Trump administration has enacted policies that have exacerbated the problem at the border with the so-called caravan of Central American migrants, citing the White House’s move to curb immigrants’ ability to claim asylum and the previous policy of separating families who illegally cross the border.

“So they’re making the circumstances worse, and here we look at children being subject to tear-gassing,” Cardin said. “That’s the United States causing that. That’s outrageous.”

Customs and Border Protection (CBP) on Sunday shut down the busy San Ysidro port of entry near San Diego as hundreds of migrants approached. Tensions flared further when dozens of migrants broke away from a larger group to try and breach the border.

CBP said in a statement that officers fired tear gas into the crowd after attempted illegal crossings and after some migrants threw rocks at border agents.

Trump on Monday morning called on Mexico to deport the migrants back to their home countries and threatened to permanently close the southern border. The president has for weeks painted the group of migrants as an imminent security threat, prompting fierce criticism from Democratic lawmakers.

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“There’s an orderly process that should have been used.” Yup! But, Trump refuses to use it and make it work! And, it could have been done for less money and fewer resources than the estimated $200 million military boondoggle at the border.

I also hope Sen. Cardin will urge Rep. Cummings (D-MD) and his colleagues in the House to exercise some “oversight” involving the senior Border Patrol officials who publicly proclaimed that most of those arriving at the border, who have been neither interviewed nor screened because of intentional delays by the US Government, are “economic refugees” not “real refugees.”

I tend to doubt that these loud-mouthed law enforcement officials, who have allowed themselves to become political puppets of the Trump White House, have any idea of what makes someone a “real refugee” under the law. Fact is, that in some Immigration Courts away from the Southern Border, the Immigration Judges continue to be fair and knowledgeable (NOT places like Atlanta, Charlotte, and Stewart). Those Immigration Judges take the necessary hours to fairly and impartially hear asylum cases (apparently largely disregarding artificial “quotas”). And, as a result, some properly documented domestic violence, family based, religious based, and political opposition to gang cases continue to be granted to applicants. Shows what happens when rather than prejudging cases like Trump, Sessions, DHS Senior Officials, and, sadly, some Immigration Judges, have done, asylum applicants from the Northern Triangle aren’t hustled through the “assembly line” and are given a fair chance to be represented and to gather the documentation necessary to overcome Sessions’s badly warped misconstruction of country conditions and intentionally misleading dicta in Matter of A-B-.

So, how can these Border Patrol folks tell by “eyeballing” thousands of individuals from the other side of the border whether their claims are “bona fide” or not? That, even after Trump’s and Sessions’s best efforts to “game” the system, the majority of arrivals from Central America still manage to pass “credible fear” examinations from the USCIS Asylum Office suggests that these Border Patrol officials are blowing (dangerous) “hot air” into an already volatile situation. That’s totally irresponsible  Time for some accountability all up and down the line for those carrying out Trump’s misguided immigration policies with no visible resistance to actions that at best strain, and quite possibly violate, our established asylum laws and procedures!

PWS

11-26-18

INSIDE EOIR: LA TIMES: Former EOIR Attorney Reveals Truth Of Sessions’s Ugly, Corrupt, Mean-Spirited, Attack On Judicial Independence & The Totally Demoralizing Effect On Judges & Other Dedicated Civil Servants – No Wonder This “Captive Court System” Is A Dysfunctional Mess Being Crushed Under An Artificially Created “Sessions Legacy Backlog” of 1.1 Million+ Cases With Neither Sane Management Nor Any End In Sight!

https://apple.news/AnkcqK5ITQ76IwHCZq2FnBw

I resigned from the Department of Justice because of Trump’s campaign against immigration judges

Gianfranco De Girolamo November 26, 2018, 3:05 AM

One of the proudest days of my life was Dec. 16, 2015, when I became a naturalized citizen of the United States.

I shed tears of joy as I swore allegiance to the United States at the Los Angeles Convention Center, along with more than 3,000 other new Americans. I was celebrating a country that had welcomed me with open arms, treated me as one of its own and opened doors I hadn’t known existed. Just a few years before, in the remote village in southern Italy where I grew up, this would have been unimaginable.

Another of my proudest moments came just a year later, when I was awarded a coveted position in the U.S. Department of Justice. This happened in late November 2016, a few weeks after President Trump was elected.

Like many, I harbored reservations about Trump. But I did not waver in my enthusiasm for the job. In law school, l had learned about the role of civil servants as nonpolitical government employees who work across administrations — faithfully, loyally and diligently serving the United States under both Republicans and Democrats.

I was designated an attorney-advisor and assigned to the Los Angeles immigration court. There, I assisted immigration judges with legal research, weighed in on the strengths and weaknesses of parties’ arguments and often wrote the first drafts of judges’ opinions.

Soon enough, however, the work changed. In March 2018, James McHenry, the Justice Department official who oversees the immigration courts as head of the Executive Office for Immigration Review, announced a mandate imposing individual quotas on all the judges. Each judge would be required to decide 700 cases per year, he said.

With these new quotas, which went into effect on Oct. 1, immigration judges must now decide between three and four cases a day — while also reviewing dozens of motions daily and keeping up with all their administrative duties — or their jobs will be at risk.

The announcement of the quotas in March was the first in a series of demoralizing attacks on immigration judges this year. In May, Atty. Gen. Jeff Sessions, since fired by Trump, personally issued a decision that placed limits on the ability of immigration judges to use a practice known as administrative closure, which allows judges to put cases on indefinite hold, and which, in immigration cases, can be a tool for delaying deportation orders.

The Justice Department enforced the decision in July by stripping an immigration judge in Philadelphia of his authority in scores of cases for continuing to use administrative closure.

All this was in addition to a barrage of disparaging comments made directly by the president. In June, Trump tweeted that there is no reason to provide judges to immigrants. He also rejected calls to hire more immigration judges, saying that “we have to have a real border, not judges” and asking rhetorically, “Who are these people?”

The demoralizing effect on immigration judges was palpable. Morale was at an all-time low. I was new to civil service, but these judges, some of whom have served continuously since the Reagan administration, made clear that this was an unprecedented attack on the justice system.

Enter the Fray: First takes on the news of the minute from L.A. Times Opinion »

I’ve long admired the independence and legitimacy that the judiciary enjoys in the United States, so I found the attacks on judges deeply disturbing and troubling. They reminded me of Trump’s Italian alter-ego, Silvio Berlusconi, who spent most of his tenure as Italy’s prime minister fighting off lawsuits by delegitimizing and attacking the judiciary, calling it “a cancer of democracy” and accusing judges of being communist.

I voiced my concerns to my supervisors and directly to Director McHenry in a letter. Seeing no opportunity to make a positive difference and unwilling to continue to lend credence to this compromised system, I submitted my resignation in July, explaining my reasons in a letter.

This was not how I wanted to end my career in government. I had hoped to serve this country for the long haul. But I couldn’t stand by, or be complicit in, a mean-spirited and unscrupulous campaign to undermine the everyday work of the Justice Department and the judges who serve in our immigration courts — a campaign that hurts many of my fellow immigrants in the process.

Gianfranco De Girolamo was an attorney at the Department of Justice from 2017 to 2018.

Follow the Opinion section on Twitter @latimesopinion or Facebook

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Thanks for speaking out Gianfranco! I published an earlier, at that time “anonymous,” letter from Gianfranco at the time of his resignation. I’m sure there are many others at EOIR who feel the same way.  But, they are “gagged” by the DOJ — threatened with job loss if they “tell the truth” about the ongoing legal farce and parody of justice within our Immigration Courts.

It’s a “closed system” at war with the public it serves, the dedicated attorneys who represent migrants, the essential NGOs who are propping up what’s left of justice in this system, and the very civil servants who are supposed to be carrying out the courts’ mission. What a horrible way to “(not) run the railroad.”

Someday, historians will dig out the whole truth about the “Sessions Era” at the DOJ and his perversion of justice in the U.S. Immigration Courts. I’m sure it will be even worse than we can imagine. But, for now, thanks to Gianfranco for shedding at least some light on one of the darkest and most dysfunctional corners of our Government!

PWS

11-16-18

LEGAL ETHICS HAVE “TANKED” IN THE TRUMP/SESSIONS/WHITAKER DOJ, AS YET ANOTHER (“REAL”) FEDERAL JUDGE REBUKES GOV’S DISINGENUOUS & DILATORY TACTICS! –“Defendants’ motion makes so little sense, even on its own terms, that it is hard to understand as anything but an attempt to avoid a timely decision on the merits altogether!”

https://www.huffingtonpost.com/entry/census-citizenship-question-trial-delay_us_5bf48e1fe4b0eb6d93095d61

Sam Levine reports for HuffPost:

A federal judge in New York City strongly rebuked the Trump administration on Tuesday over its repeated attempts to slow down a lawsuit challenging the addition of a citizenship question to the 2020 census.

The ruling from U.S. District Judge Jesse Furman came in response to a request that he halt further proceedings in the trial until the U.S. Supreme Court ruled on what evidence he could consider. The Supreme Court had rejected a very similar request to temporarily stop the litigation just weeks ago, the judge noted.

The judge, who sits in the Southern District of New York, did not hold back his frustration in his 7-page opinion, noting that the Department of Justice had submitted 12 separate requests to delay the proceedings since the Labor Day weekend.

“Unless burdening Plaintiffs and the federal courts with make-work is a feature of Defendants’ litigation strategy, as opposed to a bug, it is hard to see the point,” Furman wrote.

All along, the judge has expressed a desire to move the case along quickly, recognizing that any decision he makes is likely to be appealed to higher courts and that the issue needs to be resolved quickly so that the Census Bureau has time to print the census forms.

“Enough is enough,” Furman wrote in his Tuesday ruling.

The lawsuit ― brought by 18 states, the District of Columbia, several cities and a handful of immigrant groups ― argues that the decision to add the citizenship question was motivated by discriminatory intent. They also say the decision should be set aside on the grounds that it was “arbitrary and capricious.”

In this latest effort to stall the proceedings, the Justice Department said that doing so would help conserve judicial resources, an argument the judge dismissed as “galling.”

“If Defendants were truly interested in conserving judicial resources, they could have avoided burdening this Court, the Second Circuit, and the Supreme Court with twelve stay applications over the last eleven weeks that, with one narrow exception, have been repeatedly rejected as meritless,” Furman wrote. “Instead, Defendants would have focused their attention on the ultimate issues in this case, where the attention of the parties and the Court now belongs.”

Kelly Laco, a Justice Department spokeswoman, declined to comment on Furman’s ruling.

The Justice Department appealed this latest motion to the U.S. Court of Appeals for the 2nd Circuit even before Furman had ruled on it ― a highly unusual move that clearly annoyed the judge, who suggested the department’s conduct in the case was sanctionable.

“Defendants’ motion makes so little sense, even on its own terms, that it is hard to understand as anything but an attempt to avoid a timely decision on the merits altogether,” the judge wrote. “That conclusion is reinforced by the fact that Defendants, once again, appealed to the Second Circuit even before this Court had heard from Plaintiffs, let alone issued this ruling on the motion.”

Furman also noted that the 2nd Circuit had already denied that appeal as “premature.”

Amy Spitalnick, a spokeswoman for New York Attorney General Barbara Underwood, who is leading the case for the plaintiffs, praised Furman’s decision.

“We agree with Judge Furman: enough is enough,” Spitalnick said in a statement.

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Seems like it’s past time for the courts and bar associations to impose sanctions on the DOJ attorneys for their widespread unethical behavior and bad faith in conducting  litigation in behalf of this scofflaw Administration!

PWS

11-23-18