😎🗽 PROF. ERIN BARBATO @ UW LAW WITH SOME GOOD NEWS!

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law

Good morning Judge Schmidt,

I hope this email finds you well. It is already getting chilly in Wisconsin but fall is one of my favorite seasons here. In case you are interested, this is a little piece that Newsy put together about a lovely family and Ngwa, an asylum seeker from Cameroon, who became part of their family. How a Cameroonian Immigrant Was Granted Asylum in the U.S. (VIDEO) (newsy.com) I do believe there are other families like this across the country willing to welcome people. The political use of humans seeking refuge is horrifying these days.

Thank you for all you do! I appreciate you.

Erin M. Barbato
Director Immigrant Justice Clinic
University of Wisconsin Law School
975 Bascom Mall
Madison, WI 53706
(608)262-2276
She/Her/Hers

The University of Wisconsin-Madison is built on the ancestral land of the Ho-Chunk Nation. In an 1832 treaty, the Ho-Chunk were forced to cede this territory. We respect the inherent sovereignty of the Ho-Chunk Nation, along with the eleven other First Nations of Wisconsin.

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View the video at the above link! Thanks, Erin, my friend for sending this in and for all that your and your wonderful students do for humanity and for Due Process in America! Many thanks to the Swandbys and other great American families for standing by refugees in need and being role models for the best in America at a time when so many of our politicians and their followers are “modeling bad behavior and lack of fundamental values!”

It’s always good to keep in mind that many Americans do have sound values and welcome asylum seekers and other immigrants, rather than using their situation to engineer political farces at the expense of vulnerable humans who have come here seeing legal refuge and are allowed to be in the US while pursuing their claims. As I have pointed out many times, any government official truly interested in addressing migration issues would prioritize spending money for 1) representation of asylum seekers, 2) orderly relocation to places where support systems are available and asylum claims are more likely to be fairly an timely adjudicated. But, that would take a thoughtful, cooperative, governing for the common good approach rather than wasteful political stunts.

Voters in both Florida and Texas will have a chance to remove their “stuntmen” in November. Unfortunately, however, it’s not clear that will happen.

We also shouldn’t let the Biden administration “off the hook” for: 1) failing to put in place a reasonable program for resettling asylum seekers away from stressed border communities; 2) the abject failure of the Immigration Court’s asylum adjudication process which is driving much of the haphazard response to legal asylum seekers; 3) the failure to achieve meaningful reforms, training, and appropriate staffing of the USCIS Asylum Offices (even assuming that the “new asylum regulations” were the answer, the implementation has been inexcusable, inept, and ineffective, just as many experts predicted); 4) the gross failure to establish a robust, generous, realistic refugee admission system for the Western Hemisphere to process refugees for admission before they are forced to come to our borders; and 5) their overall failure of leadership on refugee and asylum issues in both the national and international arenas.

🇺🇸 Due Process Forever!

PWS

09-25-22

🏴‍☠️IT’S NOT YOUR FATHER’S GOP! — Today’s MAGA GOP Throws Refugees From Lefty Dictatorships Under The Bus Along With Most Of Humanity!🤮 We have a duty “to treat migrants humanely and incorporate as many of them as we lawfully and realistically can; and to oppose more effectively the despotism that is the root cause of their desperation.”

 

Charles Lane writes in WashPost:

https://www.washingtonpost.com/opinions/2022/09/21/migration-cuba-nicaragua-venezuela-dictatorship/

. . . .

Like the 1980 and 1994 boatlift crises, the present one may be in part tacitly encouraged by the Havana regime, which, like its allies in Managua and Caracas, is closely aligned with Russia.

It is in these governments’ interest to export dissent and stir political trouble for President Biden — as the boatlifts did for his Democratic predecessors Jimmy Carter and Bill Clinton.

Notably, the exodus from Cuba accelerated after its ally Nicaragua ended its visa requirement for Cubans, making it far easier for the latter to reach the Central American isthmus — and continue on to the border.

Cuba, Nicaragua and Venezuela do not take their citizens back if deported from the United States, which renders the Biden administration all but powerless to deter the flow.

All of the above should inform the debate about “root causes” of migration, which, like so many of its predecessors, the Biden administration has promised to address. There is a related argument over the United States’ own culpability in the plight of people living under the three left-wing regimes. Washington has sanctioned each one for gross human rights violations, the most recent being Cuba’s nightmarish crackdown on protests that broke out in July 2021 and a similar round-up of dissidents by President Daniel Ortega’s regime in Nicaragua.

Even when the United States targets them to limit collateral damage, these measures can affect ordinary people and not just the regimes; obviously, too, millions have left non-communist countries in Latin America for a better life in the United States.

What is nevertheless undeniable is the historic debacle represented by the departure of over 6 million from Venezuela, whose population peaked at 30 million in 2015, when the main phase of the exodus began. That is a fifth of the entire country.

For Cuba, 200,000 emigrants in a year represents nearly 2 percent of its 11.3 million population. In Nicaragua, the 200,000 who have left since Ortega’s crackdown began four years ago, mostly for the United States and next-door Costa Rica, amount to 3 percent of a 6.6 million population.

U.S. sanctions, under which — for example — this country was still Cuba’s second-largest supplier of food imports in 2020, cannot possibly account for so many people “voting with their feet” against the systems they live under. The foreseeable failure of subjecting the economy to top-down control and denying people basic freedoms can.

The exodus is thus a tremendous compliment to the United States and other democratic capitalist countries. We should appreciate it. Meanwhile, it imposes duties: to treat migrants humanely and incorporate as many of them as we lawfully and realistically can; and to oppose more effectively the despotism that is the root cause of their desperation.

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

Read the complete article at the link.

Growing up in the 50’s and 60’s in Wauwatosa, WI, then a GOP bastion, I remember that the party of Ike and Nixon never saw someone fleeing from Communism or lefty dictatorships that they didn’t swoon over. East Germans, Hungarians, the “Chang Gang” from China, Cubans, Russians, all were welcomed and viewed not only as great assets to America (which they were) but also as strong empirical evidence of the superiority of democracy over left-wing dictatorships!

In elementary and high school, I had good friends whose families had fled East Germany and Hungary. They were all hard-working folks who left much behind but “reinvented themselves” in a new environment.

Now,  the forces of xenophobia, hate, fear, and the hope of exploiting the foregoing for political gain have replaced more realistic and welcoming attitudes in MAGA land. It’s up to the rest of us to show that these “negative values and bad attitudes” don’t represent the real America! 

🇺🇸 Due Process Forever!

PWS

09-24-22

 

⚖️👍🏼👨🏻‍⚖️ FINALLY! — U.S. JUDGE RAYMOND DEARIE TO TRUMP’S SLEAZY LEGAL TEAM: “PUT UP OR SHUT UP!” — Real Judges Matter, A Sharp Contrast With Trump-Owned Judge A. “Loose” Cannon!

Mary Papenfuss
Mary Papenfuss
Reporter, HuffPost

https://www.huffpost.com/entry/raymond-dearie-trump-fbi-planted-documents-order_n_632cd107e4b0d12b54033739

Mary Papenfuss reports for HuffPost:

U.S. District Judge Raymond Dearie, who is acting as a special master in the Mar-a-Lago documents case, on Thursday demanded that Donald Trump’s lawyers substantiate another one of the former president’s claims: that the FBI “planted” records.

Dearie ordered Trump’s legal team to submit by Sept. 30 a list of of specific items in the Justice Department’s 11-page inventory of documents taken from the Mar-a-Lago resort — including top secret files — that “plaintiff asserts were not seized from the premises.” They must also submit a list of any items seized that were not on the inventory, the order states.

“This submission shall be Plaintiff’s final opportunity to raise any factual dispute as to the completeness and accuracy of the Detailed Property Inventory,” Dearie said.

. . . .

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

Read the complete report at the above link.

Yes, “real Federal Judges” are one of the keys to ending the MAGA Clown Show 🤡 and saving democracy! Finally, an Article III willing to stand up to the un-American, totally dishonest ex-Prez and his sleazy and ethically challenged legal team.

A.G. Garland take note: Real judges matter! Right now the decks of EOIR are awash in Trump-era “Loose Cannons!”

🇺🇸 Due Process Forever!

PWS

09-23-22

CATHERINE RAMPELL @ WASHPOST — The GOP’s “Performative Cruelty” Is Bad Policy!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/2022/09/19/immigrants-marthas-vineyard-desantis-performative/

. . . .

Not to mention that even the Trump administration (the Trump administration!) found that refugees and asylees are a net positive for public budgets over the long run. That is, despite typically arriving penniless, these immigrants ultimately pay more in taxes than they receive in government benefits.

Michele L. Norris: What Greg Abbott and Ron DeSantis don’t understand about America

Contra DeSantis’s insinuations about immigrant moochers, these are people who want to work and become economically self-sufficient. That’s presumably why DeSantis’s own henchmen promised fictitious jobs to lure the asylum seekers onto flights.

. . . .

If Republican officials actually wanted to reduce the number of people coming to the border without advance permission, there are plenty of things these politicians could do. They could push for expansion of guest-worker visas, for instance. Or more funding for the refugee admissions program. Or really any other legal, orderly pathway to come to the United States.

After all, the main reason there is such a crush at the border — and why the asylum system in general is so overwhelmed — is that right now this is one of the very few legal ways to get to America.

Yes, I said legal: The families being hoodwinked and shipped around the country like chattel on chartered buses and flights are here lawfully, based on what’s been publicly reported. They turned themselves in upon crossing the border precisely so that they can apply for asylum, as is their legal right. The federal government has screened them, and granted them humanitarian parole while they pursue their asylum cases in court.

It’s not an ideal system. Or an especially fast one. It would be much better to fix the rest of our broken legal immigration system so that those other, more orderly pathways are available. Especially the pathways that offer quicker access to work permits, given America’s current massive labor shortages.

It’s true that Democrats have also put forth relatively little effort to fix these problems. In some cases Democrats seem fearful of appearing too pro-immigrant, having apparently bought into the GOP lore that deep down Americans are xenophobes. But even what little Democrats have tried to do they generally can’t do without 60 Senate votes. Which Democrats don’t have.

Democrats need Republicans to cooperate on immigration reform, and Republicans won’t. Even when those reforms are coupled with investments in border security that Republicans claim to want. The GOP would rather keep around a dragon they can perpetually promise to slay one day — and better yet, to taunt and torture for a while, in public, first.

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Read Catherine’s complete article at the link. Interesting that Catherine understands so much so well, while those in the Biden Administration charged with immigration and human rights policy are so clueless, timid, and inept!

In the meantime, the Dems have done little to make the current laws relating to refugees and asylum work. The much-hyped “asylum rule changes” at DHS have had little, if any, discernible positive impact. EOIR is a national disgrace — continuing the “death spiral” that accelerated during the Trump kakistocracy. The refugee system remains in shambles. The proposed 15,000 allocation of refugee admissions for FY 2023 to Latin American and the Caribbean is an insult and a “signal” to other receiving nations in the area that we are not serious about addressing the problem. There is no rational resettlement program for asylum seekers crossing the border, thus providing an unnecessary opening for the “performative cruelty” of  clowns like DeSantis and Abbott.

None of these things are “rocket science” or “budget busters.” They just require knowledgeable leadership, values, and the courage to act on them. Apparently, faced with the cruelty and desecration of values by the “MAGA GOP,” the Dems think that “all they have to do is show up, smile, and mumble platitudes” to seem like the only choice for Americans who believe in democracy. Maybe — but I wouldn’t count on it!

I think that Catherine “hit the nail on the head” with this assessment of the spineless policy officials driving refugee and asylum policies in the Biden Administration: “In some cases Democrats seem fearful of appearing too pro-immigrant, having apparently bought into the GOP lore that deep down Americans are xenophobes.” Cowardice on immigrants, immigrants’ rights, and racial justice has become an endemic problem in the Democratic Party.

🇺🇸 Due Process Forever!

PWS
09-22-22

 

🤮🏴‍☠️ “AMERICA FIRST” HAS ALWAYS BEEN ABOUT PUTTING MANY AMERICANS & AMERICAN VALUES LAST! — It’s An Ugly, Yet Long Standing, Part Of Our History Embodied In The Anti-Democracy MAGA Movement!

Sarah Churchwell
Sarah Churchwell
American Educator & Author
PHOTO: twitter.mobile.com

https://www.washingtonpost.com/outlook/2022/09/09/america-first-american-dream-trumpism/

Sarah Churchwell writes in the WashPost:

. . . .

The phrase “America First” fell rapidly into disrepute during World War II, largely because the America First Committee (whose most prominent spokesman was Charles Lindbergh) had urged non-intervention and appeasement and been accused of anti-semitism and fascist sympathies. It was then consigned to temporary obscurity, but not everyone forgot. The slogan was periodically recalled to articulate resurgent right-wing nationalism, often explicitly white nationalism, from Gerald L.K. Smith, once known as “America’s most notorious antisemite,” who founded the America First Party in the 1940s, to Barry Goldwater, hailed by his supporters as an “America First” politician and described by the conservative National Review in 1963 as standing for “States’ Rights, strict construction, limited government, private enterprise, and America first, last and always.” It was used to describe David Duke and George Wallace, before being resuscitated by Pat Buchanan (“We are not isolationists. We simply believe in America first, last and always,” he declared in 2000) in his presidential campaigns. A certain Donald Trump flirted with making his own run under Buchanan’s Reform Party banner, then brought the phrase triumphantly back a century after Wilson popularized it.

[Competing visions of the American Dream are driving Democrats and Republicans apart]

Now the America First Policy Institute declares that its slogan is “America First, Always” and that its immigration policy will mean no longer putting “America last” — echoing the language of a March 1922 editorial from what was then the nation’s most popular weekly, the Saturday Evening Post, as it harangued its readers about the “immigration problem” caused by “our policy of putting the alien and his interests first, and America last.”

These “America First” initiatives go beyond attempts at excluding the “alien” that were already divisive, and futile, a century ago. One of the most prominent spokesmen for “America First” today is Nicholas Fuentes, a white Christian nationalist who organized the America First Political Action Conference earlier this year. Fuentes was also present at the storming of the Capitol, as were his “Groyper” followers, waving his “AF” flags. Fuentes declared: “It is the American people, and our leader, Donald Trump, against everybody else in this country and this world.” That is certainly what “America First” has meant in the past, as its leaders promise that only they can put America first, by inflaming divisions against nearly every other human being. But it is “America First” that endures, not its erstwhile leaders — and its history offers a pretty good indication of what to expect from Trumpism without Trump.

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

I highly recommend that everyone read Sarah’s full article at the link. 

Immigrants are almost always the first target of this “confederacy of cowards” — because they are most vulnerable. U.S. courts have traditionally been unwilling to effectively enforce the constitutional and legal rights of “the other.” But, as pointed out in the article, the hate and resentment continues to pour out against additional groups and individuals until “almost every other human being” becomes a target. 

We see it today in Virginia Governor Glenn “Junkman” Youngkin’s recent cowardly and unconstitutional “targeting and bullying” of transgender school kids under the ridiculously bogus rubric of “parents rights.” Just where does the “right” of neo-fascist parents to bully the children of others come from? 

The Fourth Circuit Court of Appeals in the Grimm case in 2020 already has found that “Junkman’s” scofflaw attempt to force transgender kids to use the wrong bathroom likely will be held unconstitutional. But, the Constitution and laws have never been anything but “convenient props” for America Firsters!” Compare the courage of the Grimm plaintiff with the ugly cowardice of the “Junkman” and his followers. (This following “Junkman’s” outrageous trip to Maine to campaign for notorious racist GOP gubernatorial candidate Paul LePage).

But, the Fourth Circuit might be an aberration. Often, getting reactionary judges who lack the character and guts to stand up against demonization of their fellow humans helps fuel and protect the “America First” movement from accountability. That’s certainly been at the core modern GOP mis-governance, and the Dems have been painfully “slow on the uptake” in countering it. You have only to look at Merrick Garland’s astounding mis-handling of the reactionary, weaponized, and totally dysfunctional Immigration “Courts” under his control to see just how slow!

In the end, it will be up to the upcoming generation to decide what kind of America they want to live in: An America that respects and honors the dignity, worth, and human potential of all of its inhabitants and serves as a model of tolerance and inclusion for the rest of the world? Or, an America where a minority of extreme right wing authoritarians are at war with the rest of us and, indeed, with humanity itself. Your choice!

🇺🇸 Due Process Forever!

PWS

09-18-22

🗽OPPORTUNITY KNOCKS: FOCUS ON PEOPLE, NOT POLITICAL THUGS USING THEM AS PROPS! — Don’t Allow Cowards Like DeSantis, Abbott, and Ducey To Make America Look Small, Weak, & Petty Before The World!

Helping Hand
A Helping Hand.jpg
Image depicts a child coming to the aid of another in need. Once we have climbed it is essential for the sake of humanity that we help others do the same. It is knowing that we all could use, and have used, a helping hand.
Safiyyah Scoggins – PVisions1111
Creative Commons Attribution-Share Alike 4.0
White Nationalist Xenophobes like DeSantis, Abbott, & Ducey have abandoned traditional Judeo-Christian values in favor of neo-fascism. But, the rest of us should hold true to our “better angels.”

By Paul Wickham Schmidt

Courtside Exclusive

September 16, 2022

There are many “silver linings” surrounding the migrants “orbited” to Martha’s Vineyard as a Jim Crow political stunt. They are in the U.S. exercising their legal rights to apply for asylum. They have not been forced to remain in Mexico in squalid conditions, improperly returned to danger zones without being heard, or imprisoned without trial by DHS in substandard conditions to “punish” them for exercising legal rights.

In Boston, where Immigration Judges grant the majority of asylum cases, they have a much better shot at justice than in disgraceful “Asylum Free Zones” — inexplicably still operated by Garland — like Texas or Georgia. They are also within the jurisdiction of the U.S. Court of Appeals for the 1st Circuit, which often takes seriously its responsibility to enforce the legal and Constitutional rights of asylum seekers against Government overreach. By contrast, the generally extreme right 5th and 11th Circuits often disgracefully “tank” on their responsibilities to enforce the law for those seeking refuge.

As asylum seekers from Venezuela, they have about a 50|50 chance of being granted protection of some type, even in a dysfunctional Immigration Court system tilted against them. With effective legal representation, it’s likely that the majority of them will win relief, and the majority of those will become eligible for green cards and eventual citizenship. In plain terms, most of these individuals are part of our nation’s future hopes and chances for success. They are our future fellow citizens, and not incidentally, taxpayers!

It’s overwhelmingly in our best interests and those of the asylum seekers to be compassionate and welcoming, no matter what the eventual outcome of their cases. Getting them out of the toxic environment created by the GOP in places like Texas and Florida is good for them and for America.

The focus of legitimate state and local governments and NGOs should be on 1) providing food and shelter, and 2) getting individuals representation. The latter is the most important factor in not only increasing court appearance rates to nearly 100% but also increasing chances for a favorable result by four to five times. Fostering representation is actually where government entities seriously interested in rational law enforcement would put resources.

To date, the response of the Martha’s Vineyard community in providing temporary support and by the Massachusetts Government and the Biden Administration in finding the asylum seekers with a place to reside on “the mainland” appears to be working. Everyone interested in a better America in the future should focus on replicating the successful response to this albeit limited situation.

As my friend, humanitarian leader Gary Sampliner, said in his recent WashPost OpEd:

The bottom line is this: If we want to continue to live up to our values, many more of us need to step up to assist the new arrivals. And if we can meet this challenge, we will set an example for the rest of our country to follow. 

Americans must focus on helping our fellow humans, bringing much needed functionality to our broken asylum system, while putting grandstanding political thugs in the rear view mirror. Focus on the individuals seeking refuge, their humanity, and their needs. Tune out everything else. That’s the key to success — as a nation and as individual humans!

 

🇺🇸 Due Process Forever!

PWS

09-16-22

🏴‍☠️🤯👎🏽 CRUMBLING INSTITUTIONS: OF COURSE THE OUT OF TOUCH, POLITICIZED SUPREMES’ GOP MAJORITY IS SHEDDING LEGITIMACY AS THEY IMPLEMENT AN EXTREME FAR-RIGHT POLITICAL AGENDA WITHOUT LEGAL BASIS! — C.J. Roberts’s Incredibly Lame Claim Otherwise Proves It!

John Roberts
His defense of the indefensible went over like a lead balloon with those whose lives have been upended by the radical right Justices’ political agenda!

Every time a GOP politico or media sycophant preferences remarks with “I’m not a racist,” you know that some outrageous racist statement is about to follow. What they are doing is dishonestly attempting to preemptively “shift the blame and focus” to those who call out their vile, dishonest conduct!

Over the weekend, Chief Justice John Roberts, drifted down a similar discredited path of disingenuous “preemptive denial.” In a ludicrously tone deaf statement that echoed Tricky Dick’s “I’m not a crook” speech, Roberts lamely attempted to defend the legitimacy of his Court’s stripping of fundamental human rights from women. In doing so, he basically reinforced critics’ points about the Court’s illegitimate, extralegal, right-wing, political war on individual and human rights with a good bit of misogyny thrown in!

Richard Nixon
Nixon’s “I’m not a crook speech” convinced many that he was, indeed, a crook. Roberts’s “My Court isn’t illegitimate just because it advances a far-right political agenda speech” is heading in the same direction!
PHOTO: Twitter

Never mind that the Court basically aligned itself with authoritarian theocrats promoting “forced birth” and overt subjugation of a woman’s fundamental right to decide whether or not to reproduce. Indeed, advancing that minority political agenda was the fundamental reason why Roberts and his GOP crew are on the Court in the first place! To pretend otherwise is off the wall!

There are some strong moral, societal, economic, and  medical arguments to be made about why women should or should not choose to have children. Under the First Amendment, both those who favor abortion and those who oppose it have always been free to argue their points. 

But, the idea that these choices should be removed from those directly concerned and placed in the hands of political and religious authorities is preposterous. Lacking convincing arguments to persuade all women facing that choice to their side, the far right theocracy did a preemptive strike! And, their “wholly-owned Justices” went along!

Needless to say, Roberts’s insultingly disingenuous defense of the indefensible did not fare well with informed critics. 

Former Sen. Claire McCaskill, now an MSNBC analyist, On Meet the Press:

On Sunday, McCaskill – an MSNBC political analyst – tore into Roberts for taking the country backward and recalled that the jurists who signed onto Alito’s originalist rationalization misled the public during their respective Senate confirmation hearings.

“He’s so so out of touch. I mean really, this interview shows why the numbers for the Supreme Court are so bad. For him to say something like that, he just doesn’t get it. You don’t take away a right that’s been around for 50 years and you don’t have a party go to extremes of trying to make sure rape victims have to have forced birth,” McCaskill said.

“You don’t do that and not have it splash back on the Supreme Court,” she continued. “And they all said they respected precedent when they were confirmed. I heard them. America heard them. Clearly, they didn’t, and you can feel me getting angry at John Roberts right now because he knows better when he says that stuff.”

Professor (and former prosecutor) Joyce White Vance, Professor Leah Litman, Professor Stephen I. Vladeck, Political Scientist Norman Ornstein:

https://www.alternet.org/2022/09/claire-mccaskill-john-roberts-roe/

“Roberts’s failure to understand why the court has lost credibility with so many Americans smacks of ‘Let them eat cake,’ ” Joyce White Vance, a former prosecutor and a distinguished professor of the practice of law at the University of Alabama law school, told me. “The Supreme Court has a proud history of defending our rights, not taking them away. The Roberts court will go down in history as the first one” to strip away people’s rights.

University of Michigan law professor Leah Litman said: “I would be embarrassed to say something that naive and divorced from reality if I had said it as a first-year law student. For the chief justice to say it is just an insult to the intellect of everyone who knows anything about the court, American democracy and politics.”

. . .

If Roberts and the conservative bloc were to engage in just a tiny amount of self-reflection, they would understand that their own actions have brought them to this point. Law professor Stephen I. Vladeck, of the University of Texas school of law, asked me rhetorically: “If the court’s legitimacy doesn’t come from public acceptance of the principled nature of its decision-making, where does it come from?”

While Roberts might not have written the most egregious opinions, he has joined in them, from the abortion ruling in Dobbs, to the prayer-in-schools ruling in Bremerton, to a Brnovich decision on voting rights, written by Alito, that “blatantly ignored the plain language of the law and rewrote it to fit his partisan and ideological views,” as political scientist Norman Ornstein told me. Moreover, Ornstein said, it is Roberts who has “ignored Clarence Thomas’s blatant conflicts of interest and continues to oppose applying the judicial code of ethics to the Supreme Court, even as its credibility plummets.”

He concluded: “John G. Roberts Jr. is far from the worst justice undermining the fundamental legitimacy of the court, but he is surely culpable.”

https://www.washingtonpost.com/opinions/2022/09/12/roberts-criticism-supreme-court-whining/

Jennifer Rubin, WashPost opinion writer:

The court has failed to regulate itself and instead has abused its power. None of the six right-wing justices acknowledge, nor do they signal they want to halt, the conduct that has lost the public’s confidence.

So it’s up to Congress and the president to shore up the court’s credibility. Allocating more seats to correct the damage done by Sen. Mitch McConnell’s court-packing, imposing term limits on all justices and enacting a mandatory code of ethics would be good places to start.

https://www.washingtonpost.com/opinions/2022/09/12/roberts-criticism-supreme-court-whining/

Eric Lutz in Vanity Fair:

But it’s not just the outcome, which decimated a right Americans had held for five decades and put a variety of other privacy rights in jeopardy. It’s the way that decision — and others on guns, climate change, and religion — recently came to pass.

https://www.vanityfair.com/news/2022/09/john-roberts-defends-supreme-court-against-legitimacy-questions

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In this case, Roberts would have done better to confine himself to “calling balls and strikes.” Sadly, he and his GOP colleagues have gotten out from behind the plate and taken the field in their “Federalist Society” uniforms. He’s going to have to learn to live with objections and catcalls from those in the stands who see what’s really going on here and are understandably upset about the Court’s overreach, substandard legal performance, lack of accountability, absence of self-awareness, and, yes, lack of legitimacy.

Better judges for a better, fairer America — from the Immigration Courts to the Supremes! 

By the way, we can’t change the Supremes overnight. But, Biden, Harris, & Garland COULD have reformed, repaired, and legitimized the Immigration Courts, including the BIA, that they control. That they have failed to do so is the biggest “unforced error” of the Biden Administration — one that will haunt Democrats and Americans for ages! 

Every day Garland’s parody of a court system, still largely bearing the unmistakable stamp of White Nationalists Sessions, Barr and Miller, continues to run roughshod over individual rights, often in life or death cases, while degrading the judicial process. Misogyny and racism are also on full display, as a disproportionate brunt of their unprofessional, wrong-headed, result-oriented “any reason to deny” decision-making falls on refugee women of color (and often on their accompanying children).

There is a very direct connection between “DHS agents in robes” in our Immigration Courts and “right-wing politicos in robes” at the Supremes. Part of the idea is to “normalize” injustice directed at “the other” — just so long as YOUR life isn’t directly affected, who cares? It’s also known as “Dred Scottification.”  It’s the “polar opposite” of Dr. Martin Luther King’s observation that “injustice anywhere is a threat to  justice everywhere.” If Dems don’t “connect the dots,” they might not be able to save our democracy!

🇺🇸 Due Process Forever!

PWS

09-12-22.

⚒️👩🏾‍🌾🌾🇺🇸🗽 AN INSPIRING LABOR DAY MESSAGE FROM REV. CRAIG MOUSIN: Migrants Are The Backbone Of America & Those Who Fight For Migrant Justice Are Not Alone — A Special Podcast With Links To Music By John McCutcheon & Emma’s Revolution!

Rev. Craig Mousin
Rev. Craig Mousin
Ombudsperson
Refugee and Forced Migration Studies, Grace School of Applied Diplomacy
DePaul University
PHOTO: DePaul Website

Dear Paul,

As we begin Labor Day weekend, I give thanks for the many ways your work and mission seek justice for all.

My latest podcast gives thanks to all of you who have worked to end Title 42 and to all those immigrants who have contributed to the common good.

As I end the podcast quoting Emma’s Revolution’s song, Bound for Freedom, I give thanks that we are not alone, but united in the struggle.  Thank you.

https://blogs.depaul.edu/dmm/2022/09/02/lawful-assembly-podcast-episode-29-gratitude-for-those-who-labor-and-those-who-have-labored/

Have a great Labor Day weekend and Thank You.

Peace,

Craig

 

Rev. Craig B. Mousin

DePaul University

(mail) 1 East Jackson Boulevard

Chicago, Illinois 60604

 

(office) Suite 800H

14E. Jackson Blvd.

Chicago, Illinois 60604

 

312-362-8707 (voice)

312-362-5706 (confidential fax)

 

 

You can find some of my publications at either:

https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=667812or

https://works.bepress.com/craig_mousin/

You can find my digital story at:https://www.youtube.com/watch?v=c9VTkjhzIcI

You can follow the podcast Lawful Assembly at:https://lawfulassembly.buzzsprout.com

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

Thanks, Craig, for your “practical activism and scholarship!”

Takeaways:

  • Grass roots activism works to defeat the forces of darkness and White Nationalism (the defeat of the barrage of White Nationalist immigration amendments was covered on Courtside here: https://immigrationcourtside.com/2022/08/08/%f0%9f%87%ba%f0%9f%87%b8%f0%9f%97%bd%e2%9a%96%ef%b8%8fndpa-activists-help-beat-back-gop-nativist-spoiler-amendments-to-reconciliation-bill-dems-need-to-win-midterms-to-thwart-newest-gop-immi/);
  • The John McCutcheon version of Woodie Guthrie’s song “Deportees” shows how deeply ingrained “Dred Scottification” is in our country’s often unconstitutional, impractical, and sometimes immoral approach to immigration enforcement.“De-personification” of  “the other’” — treating them as numbers, statistics, even “beds” or “apps” without names, faces or rights — and making up vile myths and lies about them, all while  exploiting their labor — is still at the heart of the anti-American White Nationalist agenda!
  • Social justice activism is an important multi-disciplinary endeavor — here we see how law, education, religion, civics, history, broadcast journalism, performance art, music, technology, political science, economics, language, culture, & communication all work together to thwart hate and lies;
  • More undergraduate institutions need to be making these links and insisting that the true history of American Immigration — with all its triumphs and warts — becomes a staple of education;
  • Many of those tone-deaf (or worse) politicos pushing the far right agenda of hate, lies, and racism reflected in the defeated amendments are elitists masquerading as “bogus populists” who got the benefit of education at some of the top law schools and universities in the nation. Whatever happened to the teaching of basic legal ethics and responsibilities to society? The Jim Crow agendas of today differ little from those of the pre-civil rights era of the 20th Century. These are NOT debates between legitimate “differing viewpoints,” but essentially questions of truth vs. lies, hate v. tolerance, integration v. exploitation; 
  • The White Nationalist Right is taking over school boards and local governance in the false name of “parents’ rights” — actually meaning the rights of far right parents to impose their minority religious doctrines and false social doctrines on others. The fight for social justice begins at the local level where where teaching of truth and legitimate debates are being drowned out by disgruntled, anti-democracy, empowered White Nationalist theocrats who claim they want liberty but actually are trying to impose autocracy and minority rule;
  • The fight for social justice never ends!

🇺🇸 Happy Labor Day, & Due Process Forever!

PWS

09-05-22

🇺🇸⚖️🗽AMERICANS MUST REJECT THE FAR-RIGHT’S FICTIONAL “INVASION” CHARADE & THE REST OF THE BOGUS ANTI-IMMIGRANT AGENDA — It’s Racism, Pure &  Simple — There Is No “Invasion,” “Replacement Theory” Is A Racist Trope, The Borders Aren’t “Open,” Asylum Seekers Aren’t Trafficking Fentanyl (the very suggestion is facially absurd), & There Is More Than Enough Detention & Enforcement, Just Not Very Smart, Effective, Or, In Some Cases, Even Legal!☠️

 

https://www.washingtonpost.com/opinions/2022/09/01/republican-immigration-ads-invasion/

By Paul Waldman and Greg Sargent in WashPost:

. . . .

But over the airwaves and online, another story is playing out: an absolute torrent of ads meant to frighten and anger voters about immigration.

A new report from the pro-immigration group America’s Voice seeks to document this ongoing phenomenon. One of its key conclusions: “Republicans have made their nativist narrative a top messaging priority.”

In the world of Republican campaign ads, very little has changed since the xenophobic Trump presidency, and some of what’s in these ads is truly repellent.

Three themes dominate these ads, the report finds, and they are all wildly inflammatory and profoundly dishonest: The Biden administration has created “open borders,” undocumented immigrants are responsible for fentanyl overdoses and a full-blown “invasion” is underway.

The borders are anything but open; the Biden administration is pursuing, arresting and deporting people seeking to come to the United States by the thousands. The vast majority of fentanyl that comes in is smuggled through ports of entry in cars, boats and planes, not carried by undocumented immigrants. And as for an “invasion,” that’s no more true now than it was when Trump warned that caravans were about to overrun the country.

But the Republican ads portray horror and chaos — usually with a non-White face. Some ads show pictures of young Black men walking through rivers on their way to “invade” America, with language suggesting this “invasion” brings “terrorists, drugs and crime.”

Other ads say the Biden administration is supposedly “importing 20 million illegals and giving them amnesty” (the image for that one is people in Haiti), which can only be stopped by “a declaration of invasion.”

In some ads it’s not just an open border but a “wide open border” — once again, illustrated with pictures of Haitians. In others we’re told that “human, sex and drug trafficking are out of control because of Democrat governance,” while Democratic candidates “refuse to oppose Biden’s open border policy.”

Of course, there is no open border policy, but why should the fact that it doesn’t exist stop Democrats from opposing it? That just shows how sinister they are, these ads say, because they “want to destroy this country.”

All of this captures something essential about this political moment. For months, Republicans were certain they could spread fears of chaos in order to ride to victory in the midterms. They’d run on crime and immigration, not just to excite the base but also to scare unsettled swing voters.

Yet the dynamic unexpectedly shifted, and now disorder and, dare we say it, crime — as in the potential crimes of Donald Trump and many Jan. 6 defendants — are not necessarily playing in the GOP’s favor. The overturning of Roe v. Wade has unleashed another form of chaos and a host of new dangers threatening women. And all of these things are energizing Democrats.

. . . .

“Republicans are indulging in the worst kind of White nationalist rhetoric,” Frank Sharry, the executive director of America’s Voice, told us. “And an issue they thought would win over swing voters is at best a base mobilizer for voters they already have.”

What makes this all really ugly, however, is that the messaging remaining under the radar — which Democrats bear some blame for, having gone quiet on the issue — allows it to continue mostly unexamined. This, even though its worst incarnations — such as “great replacement theory” — have inspired recent mass shootings.

Along these lines, it’s worth keeping an eye on Blake Masters, the GOP Senate candidate in Arizona. He has trafficked heavily in great replacement theory and has run truly vile ads on immigration, including one that features machine-gun fire at the border. Yet in a place President Biden won by a whisker that’s also a border state, Masters is trailing by a meaningful margin.

As Sharry told us, Masters’s whole “declare an invasion” line “is not working, in a state where one-third of the voters are independents and border security is a top issue.”

Yet whether it works with independents and swing voters, this foul sewage has been flowing unabated. And it will surely continue to do so.

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

Read the complete article at the link.

The idea that individuals seeking to find a U.S. official who will listen to their asylum cases would be trucking along large amounts of fentanyl in their backpacks is facially absurd.

Ending scofflaw Trump failures to follow asylum and refugee laws at the border and beyond would not halt all illegal entries. No policy will do that, nor has there ever been one that even came close, although illegal incursions have risen and fallen over the years.

But, fair refugee and asylum programs that actually interpreted the applicable domestic and international laws correctly (instead of the “any reason to deny, no matter how wrong attitude” still widespread and tolerated at both Mayorkas’s DHS and Garland’s DOJ) and generously granted protection as was the intention behind the UN Refugee Convention in the first place would certainly encourage large segments of those now forced to irregularly cross the border instead to apply abroad or at legal ports of entry. 

It would also facilitate the USG working with NGOs, the UNHCR, states, and localities to get individuals needed assistance so that their legal claims could be processed in a fair, efficient, and timely manner. The latter objectives seem to have totally eluded both Mayorkas and particularly Garland. They continue to “blow off the experts” and flounder with mindless, “designed to fail,” “deterrence-focused” gimmicks. Talk about a lose-lose!

Also to state the obvious, if CBP were less focused on apprehending individuals who pose no real threat to the U.S., but merely want a fair shot at applying for legal protection — something our laws require that Trump annihilated, the Federal Courts have flubbed,  and Biden has done a substandard job of re-instituting — they would have time to focus more resources on drug and human smugglers. 

Instead, in perhaps one of the dumbest and most wasteful juxtapositions in recent American history, the CBP focus is on “apprehending” (a term I use lightly, since many individuals “want” to be “found,” so they can get access to the system otherwise improperly denied to them by CBP) those  merely seeking to comply with the law! To do that, CBP ignores or misses many of those who actually pose threats. At the same time, both DHS and DOJ use methods, attitudes, and legal interpretations that themselves undermine fundamental fairness, the rule of law, and humanity itself.

Immigrants are America’s past, present, and future! Indeed, climate change, rising oceans, drought, starvation, transportation improvements, globalized commerce, wars, religious bigotry, pandemics, and other factors beyond the control of any one government will continue to drive worldwide migration. 

Building walls, prisons, hate, resentment, and constructing bogus “invasion myths” will not change the reality of human migration and the necessity to adopt to and harness it in a smart, humane, realistic manner. Doing the opposite, will only diminish us as a nation and inhibit our own chances for future prosperity. But, in the end, it won’t stop human migration.

🇺🇸Due Process Forever!

PWS

09-04-22

⚖️🗽🇺🇸🦸‍♂️ NDPA SUPERLITIGATOR RAED GONZALEZ DRUBS GARLAND AGAIN! — “Who else could persuade CA5 to agree with CA9, and get an award of costs,” asks Dan Kowalski of LexisNexis Immigration Community? — When will the unconscionable failure of immigrant justice at Garland’s Department of “Justice” finally end? When our nation’s democracy goes down in flames?🔥 ♨️

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)
Raed Gonzalez ESQ
Raed Gonzalez ESQUIRE
Chairman, Gonzalez Olivieri LLP
Houston, TX
PHOTO: best lawyers.com

From Dan:

Another CA5 Pereira / Niz-Chavez Remand: Parada v. Garland (unpub.)

https://www.ca5.uscourts.gov/opinions/unpub/19/19-60425.0.pdf

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/another-ca5-pereira-niz-chavez-remand-parada-v-garland#

“[T]he BIA’s decision to deny Parada’s motion to reopen was based on a legally erroneous interpretation of the statutes governing Notices to Appear and the stop-time rule. The Supreme Court has since reinforced the holding of Pereira and held—again— that to trigger the stop-time rule, a Notice to Appear must come in the form of “a single document containing all the information an individual needs to know about his removal hearing.” Niz-Chavez v. Garland, 141 S. Ct. 1474, 1478, 1486 (2021). That did not occur in this case, as the Notices to Appear served on Parada and her daughter did not contain the time or date for their removal proceedings. Thus, because “[a] putative notice to appear that fails to designate the specific time or place of the noncitizen’s removal proceedings is not a ‘notice to appear under section 1229(a),’ and so does not trigger the stop-time rule,” Pereira, 138 S. Ct. at 2113–14 (quoting 8 U.S.C. § 1229b(d)(1)(A)), the deficient Notices to Appear received by the Paradas did not stop the clock for the Paradas. …  [O]ne of two keys must fit before the stop-time rule can be unlocked: service of a valid Notice to Appear or commission of an enumerated offense. The latter has not occurred here as no one has asserted that either of the Paradas has committed such an offense. And we have already concluded that the former has not occurred because the Notices to Appear served on the Paradas lacked the time and date of their hearing. Thus, the stop-time-rule box remained locked, the Paradas’ clock never stopped, and they accrued the necessary 10 years to satisfy the physical-presence requirement for cancellation of removal. In so concluding, we agree with the Ninth Circuit [emphasis added] which also held that “[b]y its terms . . . the stop-time rule applies to only the two circumstances set out in the statute, and a final order of removal satisfies neither.” Quebrado Cantor, 17 F.4th at 871. … To return to the analogy above, when Congress provided the two exceptions to the physical-presence requirement, it created all the keys that would fit. It did not additionally create a skeleton key that could fit when convenient. To conclude otherwise “would turn this principle on its head, using the existence of two exceptions to authorize a third very specific exception.” Quebrado Cantor, 17 F.4th at 874. Instead, “the ‘proper inference’ is that Congress considered which events ought to ‘stop the clock’ on a nonpermanent resident’s period of continuous physical presence and settled, in its legislative judgment, on only two.” Id. (quoting Johnson, 529 U.S. at 58). Lacking either here, the BIA committed a legal error in concluding otherwise and finding that the Paradas did not satisfy the physical-presence requirement to be eligible for cancellation of removal. For the foregoing reasons, the petition for review is GRANTED and the case is REMANDED to the BIA for further proceedings consistent with this opinion. … IT IS FURTHER ORDERED that respondent pay to petitioners the costs on appeal [emphasis added] to be taxed by the Clerk of this Court.”

[Yet another victory for Superlitigator Raed Gonzalez!  Who else could persuade CA5 to agree with CA9, and get an award of costs?]

Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

cell/text/Signal (512) 826-0323

@dkbib on Twitter

dan@cenizo.com

Free Daily Blog: www.bibdaily.com

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

Male Superhero
Due Process Superheroes like Houston’s Raed Gonzalez are standing up for the rights of EVERYONE in America!
PHOTO: Creative Commons

Kudos to Raed for “taking it to” America’s worst “courts” in America’s most “immigrant-unfriendly” Circuit! 

Tons of “rotten tomatoes” to Garland for his horrible mismanagement of EOIR, OIL, and the legal aspects of immigration policy at DOJ!

Rotten Tomatoes
Rotten Tomatoes
Garland & his lieutenants deserve appropriate recognition for failing to bring long-overdue reforms to America’s most dysfunctional “parody of a court system” — EOIR!
PHOTO: Creative Commmons

Immigration expert Professor Richard Boswell of UC Hastings College of Law asks: “Can someone explain why the government has been so obstinate on these cases?  I like the fee award but I doubt that it has much impact on their behavior.”

Professor Richard Boswell
Professor Richard Boswell
UC Hastings Law
PHOTO: LinkedIn
Professor Boswell asks the right question. So far, “Team Garland” has no answers!

I wish I knew, my friend, I wish I knew! There is no rational excuse for Garland’s abject failure to: put EOIR and OIL under progressive expert leadership committed to human rights and due process; replace the many weak “Trump holdover appointees” at the BIA with expert real, professionally competent judges; weed out more of the “deadwood” on the immigration bench; bring in qualified experts as EOIR Judges who could potentially create an existential improvement in the composition, performance, and procedures of the entire Federal Judiciary that would go even beyond the essential task of saving the lives of migrants; and finally make Constitutional Due Process and equal justice for all real at the “retail level” of our American Justice system!

If our democracy fails — certainly an unhappy possibility at this point in time — future historians will undoubtedly dissect the major responsibility stemming from Garland’s inexplicably weak, disconnected, and inept performance in ignoring the dangerous dysfunction in our Immigration Courts and Immigration Judiciary. 

The scurrilous attack on our democracy by far-right demagogues started with racist lies about immigrants, continued with the weaponizing of the Immigration Courts, and evolved with the compromising of the Article III Judiciary! But, it certainly hasn’t ended there!

Getting rid of the leftovers of the “Trump Kakistocracy” at DOJ and EOIR should be one of the top priorities of the Biden Administration’s “campaign to save American democracy!” Why isn’t it?

The unconscionable failure of Garland’s chief lieutenants, Lisa Monaco, Vanita Gupta, Kristen Clarke, and Elizabeth Prelogar — all of whom supposedly have some experience and expertise in constitutional law, human rights, civil rights, racial justice, and legal administration (talk about a shambles at EOIR!) — to get the job done for immigrant justice at DOJ also deserves to go “under the microscope” of critical examination. 

How do they glibly go about their highly paid jobs daily while migrants suffer and die and their attorneys are forced to waste time and struggle against the absurdist disaster at EOIR? Can any of these “out of touch” bureaucrats and politicos even imagine what it’s like to be practicing at today’s legally incompetent, insanely mal-administered, intentionally anti-due-process, overtly user unfriendly EOIR?

By the grace of God, I’m not practicing before the Immigration Courts these days! But, after recent conversations with a number of top practitioners who are being traumatized, having their precious time wasted, and seeing their clients’ lives threatened by EOIR’s stunning ongoing incompetence and dysfunction, I don’t understand what gives high-level political appointees and smug bureaucrats the idea that they are entitled to be “above the fray” of the godawful dysfunction, downright stupidity, and human trauma at EOIR for which they are fully accountable!

One practitioner opened their so-called “EOIR Portal” to show me how they were being mindlessly “double and triple booked,” sometimes in different locations, even as we spoke. Cases set for 2024 were “accelerated” — for no obvious reason — to October 2022 without advance notice to or consultation with the attorney — a clear violation of due process! Asylum cases that would require a minimum of three hours for a fair hearing were being “shoehorned” into two-hour slots, again without consulting the parties!

Long a backwater of failed technology, the “powers that be” at EOIR and DOJ are misusing the limited, somewhat improved technology they now possess to make things worse: harassing practitioners, discouraging representation, and further undermining due process with haste makes waste “Aimless Docket Reshuffling.” Because of EOIR’s gross mismanagement, more Immigration Judges are actually producing more backlog, issuing more wrong decisions, and generating more unnecessary non-dispositive time-wasting motions. It’s an abuse of power and public funding on a massive, mind-boggling scale that undermines our entire justice system!

It seems that the “malicious incompetence” of the Trump DOJ has been exchanged for “just plain incompetence and intransigence” at Garland’s DOJ. Is this “change we should embrace?” Hell no!

Let’s hope that the real superheroes like Raed Gonzalez, folks working in the trenches of our failed justice system, can bail the rest of us out and inspire others to use all legal and political means at our disposal to rise up against Garland’s intransigence on immigration, human rights,  and racial justice at DOJ! 

I agree with President Biden that the extreme, insurrectionist far-right is the greatest threat to American democracy at this moment. But, it is by no means the ONLY one! It’s time for everyone committed to our nation’s future as a constitutional democracy to look closely at the deadly EOIR farce that threatens humanity, undermines the rule of law in America, and squanders tax dollars and demand positive change! Now!

It’s not rocket science, 🚀 even if it is inexplicably “over Garland’s head!”

Alfred E. Neumann
Has Alfred E. Neumann been “reborn” as Judge/AG Merrick Garland? “Not my friends or relatives whose lives as being destroyed by my ‘Kangaroo Courts.’ Just ‘the others’ and their immigration lawyers, so who cares, why worry about professionalism, ethics, and due process in Immigration Court?”
PHOTO: Wikipedia Commons

🇺🇸 Due Process Forever!

PWS

09-03-22

DAN RATHER & ELLIOT KIRSHNER: TRUMP’S VERSI0N OF A “WEST WING NUDIST CAMP” — CHECK YOUR DECENCY @ THE DOOR, ENTERING AN “ETHICS FREE ZONE!” — “The naked self-interest was so rampant that Trump’s West Wing could be considered a nudist colony where decency was shed instead of clothing.” 🏴‍☠️

Clothing/Ethics Optional in MAGALAND
Ethics Prohibited Beyond This Point! “The naked self-interest was so rampant that Trump’s West Wing could be considered a nudist colony where decency was shed instead of clothing.” CREATIVE COMMONS.

They Knew. They All Knew.

Cowardice, Cynicism, Contempt, Rationalizations

Dan Rather and Elliot Kirschner

6 hr ago

1,403

476

Documents seized from Donald Trump’s Florida home (credit: Department of Justice)

Sometimes we write a lot of words on Steady. Today will be an exception. Because for all that there is to say, for all that needs to be said, for all that an accounting for history requires we say, the general sentiments are quite simple:

They knew. They all knew.

It was clear to anyone who had an ounce of appreciation for what the job of the presidency entails, to anyone who respected the constitutional order of our government, to anyone who worried about the health and safety of this nation, to anyone with a moral compass, to anyone who prizes the common sense of purpose that great leaders can summon, that Donald J. Trump had no business anywhere near the presidency.

Now, as he melts down in the face of a serious criminal investigation, as we see pictures of how he stored classified material and his utter disregard for our nation’s most sensitive secrets, as we are left to wonder what he was up to and what damage was done, we should recognize that we would not be where we are today without his enablers, apologists, and hangers-on.

They heralded his outrageousness in a chorus of sycophancy.
They feted his vileness.
They viciously attacked those who pointed out the obvious, that Trump was mentally, emotionally, intellectually, morally, and constitutionally unfit for his office.

And who are they? They are the Republican politicians, the so-called serious ones who expressed their concerns in private even as they used Trump to achieve their desired tax cuts and judges. They are the members of his administration — senior and junior — who jockeyed to maximize their career benefit at the expense of doing the necessary work for the American people. They are the lawyers who twisted themselves into pretzels to try to legalize his inherent lawlessness. They are the media personalities who saw Trump as a printing press for their accrual of wealth and power. They are the capitalists who put corporate earnings ahead of the well-being of the nation.

While Trump’s voters were primed with a toxic stew of hatred, bigotry, and divisiveness, the small cabal playing the inside game didn’t bother with the MAGA hats. They were too busy trading access for favors. The naked self-interest was so rampant that Trump’s West Wing could be considered a nudist colony where decency was shed instead of clothing.

But make no mistake…

In their cowardice, they knew.
In their cynicism, they knew.
In their contempt, they knew.
In their rationalizations, they knew.
In their acquittals of his conduct, even for impeachment, they knew.

They knew when they could have stopped him — before he became president, and once he was president.

But they didn’t stop him. And with their inaction, they encouraged him.

As the Trump bubble begins to pop, all these people who knew what he was all along will likely scurry like cockroaches when the lights go on. They will make all sorts of excuses for their complicity. They will gaslight, lie, and try to rewrite history. You can already see it in many of their so-called tell-all books. Except what they are telling is only the story they want people to hear. It is not the truth.

The truth is that they don’t dare say what we all know. They knew.

Note: If you are not already a subscriber to our Steady newsletter, please consider doing so. And we always appreciate you sharing our content with others and leaving your thoughts in the comments.

***********************
Throughout history, despots and would-be despots have surrounded themselves with motley crews of sycophants, toadies, and retainers. Trump has excelled at it!

🇺🇸Due Process Forever!

PWS

09-01-22

🏴‍☠️CRISTIAN FARIAS @ VANITY FAIR: WHAT HAPPENS WHEN A MAJORITY OF A DEMOCRACY’S TOP JUDGES NO LONGER BELIEVE IN DEMOCRACY & ARE UNWILLING TO DEFEND IT?☠️

Cristian Farias
Cristian Farias
Writer 
Vanity Fair

https://www.vanityfair.com/news/2022/08/post-roe-scotus-is-on-a-collision-course-with-democracy

After destabilizing the nation over abortion, and moving further right on guns, climate, and religion, the conservative justices’ sights are on affirmative action, voting rights, and a fringe legal theory that could empower Trump-friendly state legislatures for future elections.

BY CRISTIAN FARIAS

AUGUST 25, 2022

On the eve of his retirement, the nation’s first Black justice and ­constitutional giant, Thurgood Marshall, took a moment to denounce the Supreme Court of the United States over its “radical” path of abandoning past decisions for no other reason than the court’s membership had changed. Owing to these shifts in personnel, Marshall charged, now “scores of established constitutional liberties” hung in the balance, the powerless were left defenseless, and the court’s own authority and legitimacy were diminished. “Power, not reason, is the new currency of this Court’s decisionmaking,” Marshall warned in 1991, in what turned out to be his final dissenting opinion.

The dissenting justices in Dobbs v. Jackson Women’s Health Organization, the watershed case that discarded nearly 50 years of American jurisprudence protecting a woman’s right to terminate a pregnancy, felt the need to quote from Marshall’s decades-old warning because power, indeed, is the only sensible explanation for the Supreme Court’s present course. The seismic end of Roe v. Wade and Planned Parenthood v. Casey, two pillars of a much larger structure of unenumerated constitutional rights the high court has erected over almost a century, was neither legally necessary nor a product of profound changes in American society. Instead, five justices tore these precedents off the law books, ushering in a new era of abortion criminalization and second-class citizenship for half the nation, simply because they could—and had the numbers to do so. “Neither law nor facts nor attitudes have provided any new reasons to reach a different result than Roe and Casey did,” wrote Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan in their anguished Dobbs dissent. “All that has changed is this Court.”

As radical and destabilizing as the fall of Roe is for our most intimate personal decisions, beyond just abortion rights, its ripples will extend to other areas where the conservative justices are already smelling blood. Not satisfied with the erasure of just one constitutional right, Clarence Thomas, writing separately in Dobbs, indicated that contraception and same-sex marriage could be next. That future begins now. These actions and other signals make abundantly clear what Marshall foresaw: The Supreme Court is on a collision course with democracy itself. Dobbs merely sets the stage.

Every new justice creates a new court, the maxim goes. Yet for much of their time on the bench, Justice ­Samuel Alito, long a soldier in the Republican holy war to curtail abortion rights, and Thomas, an avowed Roe antagonist, had the will but not the votes to impose their antiabortion vision on the majority of the Supreme Court, much less on the rest of the country. Their fortunes, and power, changed with the election of Donald Trump, whose own marriage of convenience with white evangelicals and social conservatives paved the way for his presidency and the installation of three new justices of a different mold, all of them more extreme and lacking the moderation of Republican appointees of the past, including those who made Roe and Casey possible.

Next to this “restless and newly constituted Court,” as Sotomayor branded this new majority in June, Chief Justice John Roberts looks as weakened as ever. The Supreme Court may bear his name, and the chief may have come of age during the abortion wars of the 1980s and ’90s, but neither his title nor institutionalist bent could convince the reactionaries to his right that their ­power grab in Dobbs represented “a serious jolt to the legal system” that he simply could not join in full. Too much, too soon. To the Trump justices, plus Thomas and Alito, this shock to the nation could not come soon enough.

Nominated by a president who lost the popular vote and narrowly confirmed by a Senate plagued by minority rule, these justices—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—were all groomed for this moment. All of them were grown in the test tube of the Federalist Society, the conservative legal brain trust that for decades has been a judicial pipeline for Republican administrations and state governments, which since the time of Ronald Reagan have made the fall of Roe a white whale of their politics.

. . . .

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

Read the rest of the article at the link.

Cristian creates an interesting vignette. The Justices take a few minutes to gather to welcome Justice Ketanji Brown Jackson to the Court. Then, the Right Wing Majority goes to work ignoring her views, insuring her marginalization, and pushing a minority agenda drawing into question her very existence as a person under law. 

The conclusion of the article is perhaps most illustrative of the uncertain future of democracy, human rights, equal justice, and indeed basic human decency:

“Women are not without electoral or political power,” wrote without irony the five justices who ended their right to be full and equal citizens before the law in Dobbs. In asserting power rather than reason over what remains of our less than perfect union, the Supreme Court may well unravel democracy with it, taking us down a path from which there is no return.

Quite an achievement for a Court now dominated by those appointed by Presidents whose election (initial or sole) contravened the will of the majority of voters.

“Better Judges for a Better America!” Why not start with your “wholly owned and operated” Immigration Courts, Merrick Garland?

🇺🇸Due Process Forever!

PWS

08-29-22

More from today’s WashPost on the threat to our democracy posed by the anti-democracy, scofflaw GOP and their right wing judges:

William Webster and William Cohen on how today’s MAGA-infested GOP has become a cult of the lawless: https://www.washingtonpost.com/opinions/2022/08/26/mar-a-lago-fbi-attacks-lawless-gop/

E.J. Dionne on how the “off the rails, far right” GOP Supremes’ majority threatens  humanity’s future with their anti-scientific, anti-government, anti-truth far right agenda:  https://www.washingtonpost.com/opinions/2022/08/28/west-virginia-epa-inflation-reduction-act/

Jennifer Rubin on how one distinguished Senior U.S. District Judge, a Clinton appointee, stood up to the GOP’s anti-abortion overreach: https://www.washingtonpost.com/opinions/2022/08/28/federal-judge-pushback-idaho-abortion-ban/

 

🐥COWARDLY MAGA GOP CLAIMS TO SUPPORT LAW ENFORCEMENT — UNTIL THEY ACTUALLY ENFORCE THE LAW! — JRUBE @ WASHPOST

Jennifer Rubin
Opinion Writer
Washington Post

Jennifer Rubin writes at WashPost:

https://www.washingtonpost.com/opinions/2022/08/14/distinguished-persons-fbi-agents-are-patriots-unlike-maga-republicans/

As MAGA thugs are wont to do, their reaction to the lawful search at former president Donald Trump’s Mar-a-Lago home, which we now know might have been related to nuclear secrets (which Trump has denied), amounted to an stream of insults and threats designed to whip up unhinged, violent characters.

While the exact motives of the person who attacked FBI offices in Cincinnati on Thursday remain unknown, reports indicate he was in D.C. in the days leading up the Jan. 6 insurrection and might have been at the U.S. Capitol that day. The GOP’s cycle of incitement and violence continues.

FBI Director Christopher A. Wray was properly outraged. “Unfounded attacks on the integrity of the FBI erode respect for the rule of law and are a grave disservice to the men and women who sacrifice so much to protect others,” he said in a written statement on Thursday. “Violence and threats against law enforcement, including the FBI, are dangerous and should be deeply concerning to all Americans. Every day I see the men and women of the FBI doing their jobs professionally and with rigor, objectivity, and a fierce commitment to our mission of protecting the American people and upholding the Constitution. I am proud to serve alongside them.”

. . . .

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Read the full op-Ed at the link.

Here’s one of the ways the MAGA GOP insurrectionists show “support” for laws and law enforcement:

Jan 6 MAGA Rioters
DC Capitol Storming IMG 7951.jpg
Crowd of Trump supporters marching on the US Capitol on 6 January 2021, ultimately leading the building being breached and several deaths. PHOTO: Creative Commons License.

🇺🇸 Due Process Forever!

PWS

08-15-22

⚖️🗽🦸🏻‍♀️🎖 A TRUE AMERICAN HERO GETS HER DUE: FRANCES PERKINS WAS THE “MOTHER OF AMERICA’S SAFETY NET!” — By Professor Heather Cox Richardson — “She recognized that the ideas of community values and pooling resources to keep the economic playing field level and take care of everyone are at least as deeply seated in our political philosophy as the idea of every man for himself.”

Heather Cox Richardson
Heather Cox Richardson
Historian
Professor, Boston College
Frances Perkins
Frances Perkins (1880-1965)
U.S. Secretary of Labor (1933-45)
PHOTO: Public realm

Letters from an American

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August 13, 2022

Heather Cox Richardson

11 hr ago

1,608

344

Since it seems clear we will be deciding whether we want to preserve the Social Security Act by our choice of leaders in the next few elections, I thought it not unreasonable to reprint this piece from last year about why people in the 1930s thought the measure was imperative. There is more news about the classified material at Mar-a-Lago, but nothing that can’t wait another day so I can catch this anniversary.

By the time most of you will read this, it will be August 14, and on this day in 1935, President Franklin Delano Roosevelt signed the Social Security Act into law. While FDR’s New Deal had put in place new measures to regulate business and banking and had provided temporary work relief to combat the Depression, this law permanently changed the nature of the American government.

The Social Security Act is known for its payments to older Americans, but it did far more than that. It established unemployment insurance; aid to homeless, dependent, and neglected children; funds to promote maternal and child welfare; and public health services. It was a sweeping reworking of the relationship between the government and its citizens, using the power of taxation to pool funds to provide a basic social safety net.

The driving force behind the law was FDR’s Secretary of Labor, Frances Perkins. She was the first woman to hold a position in the U.S. Cabinet and still holds the record for having the longest tenure in that job: she lasted from 1933 to 1945.

She brought to the position a vision of government very different from that of the Republicans who had run it in the 1920s. While men like President Herbert Hoover had harped on the idea of a “rugged individualism” in which men worked their way up, providing for their families on their own, Perkins recognized that people in communities had always supported each other. The vision of a hardworking man supporting his wife and children was more myth than reality: her own husband suffered from bipolar disorder, making her the family’s primary support.

As a child, Perkins spent summers with her grandmother, with whom she was very close, in the small town of Newcastle, Maine, where the old-fashioned, close-knit community supported those in need. In college, at Mount Holyoke, she majored in chemistry and physics, but after a professor required students to tour a factory to observe working conditions, Perkins became committed to improving the lives of those trapped in industrial jobs. After college, Perkins became a social worker and, in 1910, earned a masters degree in economics and sociology from Columbia University. She became the head of the New York office of the National Consumers League, urging consumers to use their buying power to demand better conditions and wages for the workers who made the products they were buying.

The next year, in 1911, she witnessed the Triangle Shirtwaist Fire in which 146 workers, mostly women and girls, died. They were trapped in the building when the fire broke out because the factory owner had ordered the doors to the stairwells and exits locked to make sure no one slipped outside for a break. Unable to escape the smoke and fire in the factory, the workers—some of them on fire—leaped from the 8th, 9th, and 10th floors of the building, dying on the pavement.

The Triangle Shirtwaist Fire turned Perkins away from voluntary organizations to improve workers’ lives and toward using the government to adjust the harsh conditions of industrialization. She began to work with the Democratic politicians at Tammany Hall, who presided over communities in the city that mirrored rural towns and who exercised a form of social welfare for their voters, making sure they had jobs, food, and shelter and that wives and children had a support network if a husband and father died. In that system, the voices of women like Perkins were valuable, for their work in the immigrant wards of the city meant that they were the ones who knew what working families needed to survive.

The overwhelming unemployment, hunger, and suffering caused by the Great Depression made Perkins realize that state governments alone could not adjust the conditions of the modern world to create a safe, supportive community for ordinary people. She came to believe, as she said: “The people are what matter to government, and a government should aim to give all the people under its jurisdiction the best possible life.”

Through her Tammany connections, Perkins met FDR, and when he asked her to be his Secretary of Labor, she told him that she wanted the federal government to provide unemployment insurance, health insurance, and old-age insurance. She later recalled: “I remember he looked so startled, and he said, ‘Well, do you think it can be done?’”

Creating federal unemployment insurance became her primary concern. Congressmen had little interest in passing such legislation. They said they worried that unemployment insurance and federal aid to dependent families would undermine a man’s willingness to work. But Perkins recognized that those displaced by the Depression had added new pressure to the idea of old-age insurance.

In Long Beach, California, Dr. Francis Townsend had looked out of his window one day to see elderly women rooting through garbage cans for food. Appalled, he came up with a plan to help the elderly and stimulate the economy at the same time. Townsend proposed that the government provide every retired person over 60 years old with $200 a month, on the condition that they spend it within 30 days, a condition designed to stimulate the economy.

Townsend’s plan was wildly popular. More than that, though, it sparked people across the country to start coming up with their own plans for protecting the elderly and the nation’s social fabric, and together, they began to change the public conversation about social welfare policies.

They spurred Congress to action. Perkins recalled that Townsend “startled the Congress of the United States because the aged have votes. The wandering boys didn’t have any votes; the evicted women and their children had very few votes. If the unemployed didn’t stay long enough in any one place, they didn’t have a vote. But the aged people lived in one place and they had votes, so every Congressman had heard from the Townsend Plan people.”

FDR put together a committee to come up with a plan to create a basic social safety net, but committee members could not make up their minds how to move forward. Perkins continued to hammer on the idea they must come up with a final plan, and finally locked the members of the committee in a room. As she recalled: “Well, we locked the door and we had a lot of talk. I laid out a couple of bottles of something or other to cheer their lagging spirits. Anyhow, we stayed in session until about 2 a.m. We then voted finally, having taken our solemn oath that this was the end; we were never going to review it again.”

By the time the bill came to a vote in Congress, it was hugely popular. The vote was 371 to 33 in the House and 77 to 6 in the Senate.

When asked to describe the origins of the Social Security Act, Perkins mused that its roots came from the very beginnings of the nation. When Alexis de Tocqueville wrote Democracy in America in 1835, she noted, he thought Americans were uniquely “so generous, so kind, so charitably disposed.” “Well, I don’t know anything about the times in which De Tocqueville visited America,” she said, but “I do know that at the time I came into the field of social work, these feelings were real.”

With the Social Security Act, Perkins helped to write into our laws a longstanding political impulse in America that stood in dramatic contrast to the 1920s philosophy of rugged individualism. She recognized that the ideas of community values and pooling resources to keep the economic playing field level and take care of everyone are at least as deeply seated in our political philosophy as the idea of every man for himself.

When she recalled the origins of the Social Security Act, Perkins recalled: “Of course, the Act had to be amended, and has been amended, and amended, and amended, and amended, until it has now grown into a large and important project, for which, by the way, I think the people of the United States are deeply thankful. One thing I know: Social Security is so firmly embedded in the American psychology today that no politician, no political party, no political group could possibly destroy this Act and still maintain our democratic system. It is safe. It is safe forever, and for the everlasting benefit of the people of the United States.”

Notes:

https://www.ssa.gov/history/35actinx.html

https://www.ssa.gov/history/perkins5.html

https://francesperkinscenter.org/life-new/

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Perkins was an original “good government person,” unfortunately, an increasingly rare breed. She recognized that a strong, reliable government safety net promotes personal independence and achieving full individual potential.

Perkins Homestead
Frances Perkins Homestead
Damariscotta, ME
PHOTO: Francis Perkins Center

Perkins had strong Maine ties to her ancestral homestead in Newcastle, ME. It’s near our summer home in Boothbay Harbor, ME. A few years ago, Cathy and I had a chance to tour the homestead, now owned and maintained by the Frances Perkins Center in Damariscotta, ME.

🇺🇸 Due Process Forever!

PWS

08-14-22

📖COURTSIDE HISTORY: BEYOND THE CHINESE EXCLUSION ACT, RACISM IS AT THE CORE OF U.S. IMMIGRATION POLICY — Professor Andrew S. Rosenberg Interviewed On New Book By Isabela Dias @ Mother Jones!

Isabela Dias
Isabela Dias
Staff Writer, Immigration & Social Issues
Mother Jones
PHOTO: Twitter
Professor Andrew S. Rosenberg
Professor Andrew S. Rosenberg
Assistant Professor of Political Science
U of Florida
PHOTO: Website

https://apple.news/AOMcfZiMFQ0OSgozcppDcjg

“Undesirable Immigrants: Why Racism Persists in International Migration”

. . . .

In the book, you dispute the assumption that the right to border control and to exclude foreigners is an inherent feature of sovereign states. Instead, you frame it as a “modern consequence of racism.” Why do you see it that way?

The nation-state is a relatively modern invention on the scale of human history. Today, we have this conventional wisdom floating around that it is the natural right and duty of nation-states as sovereign entities to be able to restrict foreigners and have these really hard borders—and that it’s that ability that makes a state what it is. Actually, if you go back in time and look at the international legal thought that emerged from the 15th through the 19th centuries on what it actually means to be a state, the commonly held assumption that people like the late Justice [Antonin] Scalia and others talk about, is actually an invention of the 19th century. In the 16th and 17th centuries, the great thinkers of international legal jurisprudence or of state theory either thought that states had a right or an obligation to be hospitable to foreigners and to allow them free passage into their territory or, at most, it was up for raucous debate. It was only in the 19th century, when immigrant-receiving countries like the United States began receiving a large influx of racially different outsiders like the Chinese, that this presumption that sovereign states have a right and an obligation that can be tied back to their status as sovereign states to restrict outsiders emerged.

People like Texas Governor Greg Abbott seem to invoke that supposed inherent right when they describe migrants at the border as an “invasion.”

Precisely. These types of “declarations of war” are one of the clearest examples of this ideology seeping into public debate, which leads everyday people to create this idea that migrants are undesirable outsiders who are not fit for, or are undeserving of reaping the benefits of living in the United States or participating in our society.

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Read the complete interview at the link.

The myth of the “undesirable immigrant” — at the heart of the anti-immigrant rabble rousing of Trump, Miller, Bannon, DeSantis, Abbott, Cotton, Hawley, etc. — has deep roots in American racial history.

I’ve said it many times: There will be neither racial justice nor equal justice for all without justice for immigrants (regardless of status). Laws like the Refugee Act of 1980, that very explicitly make arrival status irrelevant to access to a fair legal process, have been intentionally misinterpreted and misapplied by right-wing judges from the Supremes all the way down to the Immigration Courts. 

Advocates for civil rights, womens’ rights, LGBTQ+ rights, voting rights, disability rights, and other fundamental rights that have been unlawfully restricted or diminished, usually, but certainly not exclusively, by the right, who continue to ignore the primacy of dealing with the intentional unfair, racially biased treatment of migrants do so at their own peril!

🇺🇸 Due Process Forever!

PWS

08-12-22