DON’T BELIEVE ANY OF THE “CROCODILE TEARS” BEING SHED BY TRUMP & HIS ADMINISTRATION ABOUT THE LATEST ASSAD ATROCITY IN SYRIA – THE ADMINISTRATION’S INHUMANE POLICIES HELP KILL SYRIAN REFUGEES IN AND OUT OF CAMPS ON A REGULAR BASIS – Bombs & Bluster Will Never Replace Humanitarian Assistance & Robust Refugee Resettlement

https://www.motherjones.com/politics/2018/01/there-are-more-than-5-million-syrian-refugees-the-trump-administration-has-admitted-2-of-them/

There Are More Than 5 Million Syrian Refugees. The Trump Administration Has Admitted 2 of Them.

State Department data shows that many nations’ refugees are still effectively banned.

Women from Syria walk with their children in a refugee camp in Cyprus in September.Petros Karadjias/AP

The United Nations estimates that there are 5.5 million Syrian refugees. In the past three months, the United States has allowed two of them to enter the country—down from about 3,600 in the last three months of the Obama administration.

After kicking off his presidency by temporarily banning refugees, Donald Trump lifted the ban in late October. But at the same time, he increased scrutiny of refugees from 11 countries, requiring that they be admitted only if doing so fulfills “critical foreign policy interests.” Refugee advocates said that the language would effectively ban refugees from a group of mostly Muslim-majority nations. Data from the State Department’s Refugee Processing Center reviewed by Mother Jones confirms their prediction.

The United States has taken in 44 refugees from the targeted countries since Trump issued his executive order, compared to about 12,000 during the same period last year. The countries are Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria, and Yemen.

The heightened vetting of people from those countries has driven down the total number of Muslim refugees coming to the United States. About 550 Muslim refugees have been admitted to the United States since the executive order. More than 11,000 arrived during the same period last year. The share of admitted refugees who are Muslim has dropped from 48 percent at the end of the Obama administration to 11 percent in recent months.

Under Trump’s October executive order, the Department of Homeland Security (DHS) would conduct a 90-day “in-depth threat assessment of each [targeted] country.” During that period, DHS said in a memo to Trump, it would only take refugees from the 11 countries “whose admission is deemed to be in the national interest and poses no threat to the security or welfare of the United States.”

The 90-day mark passed last week. But Sean Piazza, a spokesman for the International Rescue Committee (IRC), a refugee resettlement agency, says the organization has not received any updates about the status of the temporary review now that the 90-day period has passed. It is unclear if it is still in effect, and DHS did not respond to a request for comment. DHS’ October memo stated that refugee admissions from the targeted countries are likely to “occur at a slower pace” beyond the 90-day deadline.

The Trump administration has tried to undermine support for accepting refugees by casting them as an economic burden. In September, the New York Times reported that White House officials had killed a draft report from the Department of Health and Human Services that found that refugees have increased government revenue by $63 billion over the past decade. The report that was ultimately published had a different calculus, documenting how much it costs to provide services to refugees but not how much they pay in taxes.

Overall, the United States in on track to resettle about 21,000 refugees this year, according to the IRC. That would be fewer than in any year since at least 1980—including 2002, when refugee admissions plummeted in the wake of 9/11. It is also less than half of the annual 45,000-refugee cap that the Trump administration set in September, which was the lowest cap ever. Historically, the United States has been considered a world leader in resettling refugees.

Before Trump assumed the presidency, it already took up to two years for refugees to be vetted and resettled, not including the time people spent fleeing their country for refugee camps. Henrike Dessaules, the communications director at the International Refugee Assistance Project, says the group has had clients who “were ready to travel, that had their medical checks, security checks, and interviews done.” Instead, “they have been completely stalled in the process,” she says.*

In 2016, the Obama administration placed its refugee limit at 85,000 people and used all but five of those slots. This year’s drop comes even though there were about 22.5 million refugees across the world in 2016, more than at any time since the United Nations’ refugee agency was founded in 1950.

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https://www.cnn.com/2018/02/06/middleeast/syria-refugees-lebanon-winter-intl/index.html

Syrian refugees escape the war, but die from the cold

Refugees freeze to death in Lebanon 02:48

Editor’s Note: This story contains extremely graphic images of dead and wounded people.

Bekaa Valley, Lebanon (CNN) — The rocky, plowed hillside is scattered with clues of what happened that January night. A woman’s scarf. A diaper. Empty cans of tuna fish. A plastic bag of sugar. An empty box of Turkish chocolate biscuits. A single cheap Syrian-made woman’s shoe. Several white, mud-spattered rubber gloves.
It was here, last month, that 17 Syrians froze to death in a night-time snowstorm while trying to cross the mountains into Lebanon.
Three-year-old Sarah is one of the few who survived. She now lies in a bed in the Bekaa Hospital in nearby Zahleh, two intravenous tubes taped to her small right arm. Frostbite left a large dark scab on her forehead. A thick bandage covers her right cheek. Another bandage is wound around her head to cover her frostbitten right ear.
Sarah doesn’t speak. She doesn’t make a sound. Her brown eyes dart around the room — curious, perhaps confused. Her father, Mishaan al Abed, sits by her bed, trying to distract her with his cell phone.

Sarah, 3, suffers from frostbite after smugglers abandoned her and her family as they were crossing into Lebanon.

No one has told Sarah that her mother Manal, her five-year-old sister Hiba, her grandmother, her aunt and two cousins died on the mountain.
“Sometimes she says, ‘I want to eat.’ That’s all,” Abed says. Sarah hasn’t mentioned anything about her ordeal, and he is hesitant to ask her.

An unfortunate reunion

Until now, Sarah hadn’t seen her father for two and a half years. He left Syria for Lebanon and found work as a house painter, leaving his family behind.
Mishaan al Abed sent money back to his wife and kids, who stayed outside the town of Abu Kamal, on the Syrian-Iraqi border.
ISIS controlled Abu Kamal from the summer of 2014 until last November, when it was retaken by Syrian government forces. Fighting still rages in the countryside around it, where Al Abed’s family lived.
After their house was damaged, Abed’s brother and his family, along with Abed’s wife and two children, fled to Damascus. There they paid $4,000 — a fortune for a poor family — to a Syrian lawyer who they were told had the right connections with the army, intelligence and smugglers.
The plan was for them to be driven to the border in private cars on military-only roads. From there, says Abed, they were to walk with the smugglers for half an hour into Lebanon, where they would be met by other cars.
The plan started to fall apart when snow began to fall. The smugglers abandoned the group. The family lost their way and became separated. In the dark and the cold, most of them died. It’s not clear how Sarah and a few others survived.
The only thing that is clear, says hospital director Dr. Antoine Cortas, is that “it is a miracle Sarah is still alive.”
Hidden by the darkness and the snow was a house just a few hundred steps down the mountain.

In January, a group of Syrians froze to death trying to cross into Lebanon during a snowstorm.

Abed was expecting his family to cross over, but became concerned when he didn’t hear from them. “I was told the army had arrested people trying to cross into Lebanon. I thought it must be them. Then the intelligence services sent me a picture. I identified her as my wife.”
He opens the picture on his cell phone. It shows a lifeless woman curled up on the snow amidst thorn bushes, a red woolen cap on her head.

A struggle to cross over, a struggle to remain

More than a million Syrians have taken refuge in Lebanon, straining the resources of a country with a population of around six million. The Lebanese authorities have, to some extent, turned a blind eye to those entering the country illegally. But they have refused to allow relief groups to establish proper refugee camps, unlike Jordan and Turkey, for fear they will become permanent.
What pass for camps — officially called “informal tented settlements” — are ramshackle affairs. Syrians typically pay $100 to a landowner to build drafty, uninsulated breezeblock shelters with flimsy plastic tarpaulins as roofs.
Abu Farhan, a man in his sixties from Hama, in central Syria, lives in one of those shelters in a muddy camp outside the town of Rait, just a few kilometers from the Syrian border. His wife Fatima is ill. She is huddled next to a kerosene stove under a pile of blankets. Between coughing fits, she moans loudly. Farhan has had to borrow more than two million Lebanese pounds — around $1,300 — for her medical treatment.

Denied proper refugee camps, many Syrian refugees live in informal tented settlements.

Illness is just one of the perils here. Vermin, he says, is another. “There’s everything here,” he chuckles bitterly, “even things I’ve never seen before. Rats. Mice. Everything!”
The dilemma that Syrians in Lebanon face is glaringly clear. They’re not welcome here, and it’s difficult to scrape by. According to a recent report by the Norwegian Refugee Council, 71% of Syrian refugees in Lebanon live in poverty.

Point of no return

Some Syrians have returned home, but many, like Abu Musa, a man in his forties who lives in the same settlement as Farhan, insist that returning would be nothing short of suicidal. He comes from Maarat al-Numan, in Idlib province, where Syrian forces, backed by Russian warplanes, are waging an offensive against government opponents.
“Of course, I’d like to go back to Syria!” Musa exclaims, gesturing around his damp, cold hut as if that were reason enough to return home. “But Syria isn’t safe. They’re fighting in my town. My house has been destroyed.”
And thus, Syrians continue to try to make their way to Lebanon, despite the very real risks.

Over 70% of Lebanon's 1 million Syrian refugees live in poverty

“The people who are walking across the mountains, and taking days to cross the mountains in the middle of winter, are a testament to the fact that Syria is not safe,” said Mike Bruce of the Norwegian Refugee Council.
“Until Syria is safe, until there is a lasting peace, people should not be going back to Syria.”

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With the election of the staunchly anti-American, White Nationalist, xenophobic, religiously bigoted Trump Administration, the United States forfeited any claim to moral leadership and humanitarianism on the world stage. Our anti-refugee policies also harm our allies in the region by forcing them to bear the entire responsibility for sheltering refugees.

Only the electoral removal of this truly un-American Administration and its GOP fellow travelers from power will allow us to begin the healing process. Selfishness and inhumanity are not policies — they are diseases that will consume us all if we don’t exercise our Constitutional and political rights by voting to remove the toxic leaders spreading them!

PWS

04-10-18

HON. BRUCE J. EINHORN IN WASHPOST: SESSIONS’S BLATANT ATTEMPT TO INTIMIDATE U.S. IMMIGRATION JUDGES TO DEPORT INDIVIDUALS IN VIOLATION OF DUE PROCESS SHOWS A SYSTEM THAT HAS HIT ROCK BOTTOM! — Are There Any “Adults” Out There In Congress Or The Article III Courts With The Guts To Stand Up & Put An End To This Perversion Of American Justice? — “Due process requires judges free of political influence. Assembly-line justice is no justice at all.”

https://www.washingtonpost.com/opinions/jeff-sessions-wants-to-bribe-judges-to-do-his-bidding/2018/04/05/fd4bdc48-390a-11e8-acd5-35eac230e514_story.html?utm_term=.770822e8f813

My former colleague Judge Bruce J. Einhorn writes in the Washington Post:

Bruce J. Einhorn, an adjunct professor of immigration, asylum and refugee law at Pepperdine University, served as a U.S. immigration judge from 1990 to 2007.
It’s a principle that has been a hallmark of our legal culture: The president shouldn’t be able to tell judges what to do.
No longer. The Trump administration is intent on imposing a quota system on federal immigration judges, tying their evaluations to the number of cases they decide in a year. This is an affront to judicial independence and the due process of law.
I served as a U.S. immigration judge in Los Angeles for 17 years, presiding over cases brought against foreign-born noncitizens who Immigration and Customs Enforcement officers believed were in this country illegally and should thus be removed. My responsibility included hearing both ICE’s claims and the claims from respondents for relief from removal, which sometimes included asylum from persecution and torture.
As a judge, I swore to follow the Fifth Amendment of the U.S. Constitution, which guarantees that “no person” (not “no citizen”) is deprived of due process of law. Accordingly, I was obliged to conduct hearings that guaranteed respondents a full and reasonable opportunity on all issues raised against them.
My decisions and the manner in which I conducted hearings were subject to review before the U.S. Board of Immigration Appeals and U.S. courts of appeals. At no time was my judicial behavior subject to evaluation based on how quickly I completed hearings and decided cases. Although my colleagues on the bench and I valued efficiency, the most critical considerations were fairness, thoroughness and adherence to the Fifth Amendment. If our nativist president and his lapdog of an attorney general, Jeff Sessions, have their way, those most critical considerations will become a relic of justice.
Under the Trump-Sessions plan, each immigration judge, regardless of the nature and scope of proceedings assigned to him or her, will be required to complete 700 cases in a year to qualify for a “satisfactory” performance rating. It follows that only judges who complete more, perhaps many more, than 700 cases per year will qualify for a higher performance rating and, with it, a possible raise in pay.
Essentially, the administration’s plan is to bribe judges to hear and complete more cases regardless of their substance and complexity, with the corollary that judges who defy the quota imposed on them will be regarded as substandard and subject to penalties. The plan should be seen for what it is: an attempt to undermine judicial independence and compel immigration judges to look over their shoulders to make sure that the administration is smiling at them.
This is a genuine threat to the independence of the immigration bench. While Article III of the Constitution guarantees the complete independence of the federal district courts and courts of appeal, immigration judges are part of the executive branch. Notwithstanding the right of immigration judges to hear and decide cases as they believe they should under immigration law, they are unprotected from financial extortion and not-so-veiled political intimidation under the U.S. Administrative Procedure Actor any regulations.
Moreover, federal laws do not guarantee respondents in removal hearings a right to counsel, and a majority of those in such hearings are compelled to represent themselves before immigration judges, regardless of the complexity of their cases. Those who lack representation in removal hearings typically cannot afford it, and the funds to help legal aid organizations fill in for private attorneys are nowhere to be found.
Hearings in which respondents proceed pro se, or unrepresented, are often the most challenging and time-consuming for immigration judges, who must take care to assure that the procedural rights of those facing possible removal are protected and to guarantee that inarticulate relief claims are fully considered.
The Trump administration’s intention is clear: to intimidate supposedly independent judges to expedite cases, even if it undermines fairness — as will certainly be the case for pro se respondents. Every immigration judge knows that in general, it takes longer to consider and rule in favor of relief for a respondent than it does to agree with ICE and order deportation. The administration wants to use quotas to make immigration judges more an arm of ICE than independent adjudicators.
In my many years on the immigration bench, I learned that repressive nations had one thing in common: a lack of an independent judiciary. Due process requires judges free of political influence. Assembly-line justice is no justice at all.
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Thanks, Bruce for speaking out so forcefully, articulately, and truthfully!
Jeff Sessions is a grotesque affront to the U.S. Constitution, the rule of law, American values, and human decency. Every day that he remains in office is a threat to our democracy. There could be no better evidence of why we need an independent Article I U.S. Immigration Court!

Due Process Forever! Jeff Sessions Never! Join the New Due Process Army Now! The fight must go on until Sessions and his toxic “21st Century Jim Crows” are defeated, and the U.S. Immigration Courts finally are forced to deliver on the betrayed promise of “guaranteeing fairness and due process for all.” Harm to the most vulnerable among us is harm to all!

PWS

04-05-18

 

HEIDI BOAS @ WILKES LEGAL: Following A Colossal 14-Year Battle, The U.S. Asylum System Saved Rodi Alvarado’s Life – Can Jeff Sessions Undo This Critically Needed, Life-Saving Protection For Thousands Of Women & Children Like Rodi With A Single Stroke Of His Pen?

Issue Spotlight:
Will America Shut Its Doors to Immigrant Survivors of Domestic Violence?
by Heidi Boas, Immigration Attorney
Wilkes Legal, LLC
April 5, 2018
Will the U.S. continue to offer asylum to
immigrant survivors of domestic violence
like Rodi Alvarado Peña?
In January 2018, Wilkes Legal won asylum for an immigrant mother and her children who escaped over a decade of extreme physical, psychological, and sexual abuse that sent our client to the hospital and left one of her children with a permanent physical impairment. Because our client’s domestic partner was a high-ranking military officer in their home country, her pleas for help from government authorities fell on deaf ears, causing her to flee the country for her safety. In recent years, the United States has offered asylum protection to domestic violence survivors like this client. A recent move by Attorney General Jeff Sessions, however, could soon limit or end the ability of domestic violence survivors to receive asylum protection in the United States.
Domestic violence has long been a contentious issue in asylum law. More than two decades ago, advocates began a 14-year legal battle to win asylum for Rodi Alvarado Peña, a Guatemalan woman who suffered a decade of brutal violence at the hands of her husband. Even though Ms. Alvarado repeatedly sought help from the Guatemalan police and courts, the Guatemalan authorities refused to intervene and protect her. When Ms. Alvarado tried to escape from her husband, he tracked her down and beat her unconscious. Ms. Alvarado ultimately fled to the United States and became the subject of a controversial, high profile immigration court case, as multiple administrations considered whether to grant asylum to women whose countries fail to protect them from domestic violence. Ms. Alvarado ultimately received asylum in 2009, but her case did not establish legal precedent that could help other asylum-seekers fleeing domestic violence.
In 2014, the Board of Immigration Appeals (BIA) finally issued a precedential decision recognizing domestic violence as a basis for asylum. In Matter of A-R-C-G-, the BIA granted asylum to a Guatemalan woman whose husband broke her nose, repeatedly raped her, and burned her with paint thinner. The BIA recognized “married women in Guatemala who are unable to leave their relationship” as a group that can qualify for asylum. This landmark case opened the doors to protection for other immigrant survivors of domestic violence whose countries fail to protect them from abuse.
While the United States has made great strides in offering protection to immigrant survivors of domestic violence, Attorney General Jeff Sessions recently took a step that could potentially undo decades of forward progress. As attorney general, Sessions has the authority to refer immigration court cases to himself, overturn decisions of the Board of Immigration Appeals, and set precedent. Last month, Sessions referred an immigration case to himself involving a survivor of domestic violence from El Salvador. If Sessions rules against this woman, he would begin reshaping asylum law for abuse survivors and could potentially shut the doors to countless victims seeking protection in the United States.
In the case under Sessions’ review, a Salvadoran women referred to as A.B. suffered years of domestic violence at the hands of her ex-husband in El Salvador. Even though A.B. separated from her husband and eventually divorced him, her ex-husband returned three years after their separation and raped her. A.B. also testified to receiving threats from her ex-husband’s brother, who is a police officer, and his friend, who told the woman that her ex-husband would kill her and he would help dispose of her body. Although an Immigration Judge denied A.B.’s asylum case, the Board of Immigrant Appeals disagreed with the judge’s ruling and sent the case back to the judge to reconsider his decision. The Immigration Judge again refused to grant asylum to A.B., however, despite the BIA’s precedent decision in Matter of A-R-C-G-, due to other more recent decisions in his jurisdiction.
Now that Sessions has stepped in to review A.B.’s case, he has the authority to determine whether she should be granted asylum. If Sessions denies her asylum case, his decision could have a far-reaching impact, setting precedent that would make it more difficult for other immigrant survivors of domestic violence to qualify for asylum in the future. If Session limits asylum eligibility for these survivors, he will roll back decades of progress in asylum law and close the doors to immigrant victims of abuse who have nowhere else to turn.
Wilkes Legal stands with immigrant survivors of domestic violence and urges Sessions to uphold the BIA’s current precedent, keeping America’s doors open to victims of domestic abuse whose governments fail to protect them.
Visit our website, follow us on Facebook or Twitter, or call our office at (301) 576-0491 to learn more about Wilkes Legal, LLC.

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From his actions to date, Sessions appears to be up to no good. But, by now the “A-R-C-G-/R-A- principles” are deeply ingrained in U.S. protection law as interpreted by the Article III Federal Courts.

I predict that an attempt by Sessions to undo A-R-C-G- protections will be heavy-handed, blatantly biased, and thinly reasoned as have been all of his transparently biased reversals of established legal positions to date.

It’s therefore likely to suffer a fate of emphatic rejection by the Article IIIs much like what happened when Attorney General Michael Mukasey tried to undo years of established legal precedent about proof of crimes involving moral turpitude in Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008), rev’d & remanded, Matter of Silva-Trevino, 26 I&N Dec. 550 (A.G. 2015).

I’m hardly a “Charter Member of the Mike Mukasey Fan Club.” His poor stewardship over the U.S. Immigration Court system is at least partially responsible for today’s inexcusable mess in our Immigration Courts.

Nevertheless, before becoming Attorney General, Mukasey was a well-respected U.S. District Judge. He’s 10X the lawyer as Sessions! Sessions’s lack of any discernible legal skills, integrity, humanity, and judgement probably bodes well for the “Good Guys” in the long run.

But, that doesn’t mean that there won’t be unnecessary and unconscionable suffering. Sessions is a bully at heart who relies on the fact that the majority of individuals in the U.S. Immigration Court system are unrepresented and therefore unable to defend themselves against his racist/xenophobic policies.

I’m proud to be one of the “Gang of Five” Appellate Immigration Judges (“Board Members” ) who dissented from the BIA’s original outrageously incorrect decision in Matter of R-A-, 22 I&N Dec. 908 (BIA 1999), vacated,  Matter of R-A-, 22 I&N Dec. 908 (A.G. 2001) that reversed a clearly correct grant of asylum to Rodi Alvarado. The other dissenters were Judges John Guendelsberger (who wrote the dissent), Lory Diana Rosenberg, Gustavo D. Villageliu, and Anthony C. Moscato.

Not coincidentally, all of us except for Judge Moscato were removed and “exiled” from the BIA during the “Ashcroft Purge of 2003” for the transgression of doing our jobs conscientiously and standing up for a correct interpretation of the asylum law. So much for the “facade of quasi-judicial independence at the BIA.” (Credit to Peter Levinson). And, that’s before the current “descent into the abyss” brought about by Sessions!

We need an independent Article I U.S. Immigration Court now!

PWS

04-05-18

 

 

 

OUR FEAR-MONGERING LEADERS WANT YOU TO BE SCARED OF REFUGEES ARRIVING AT OUR SOUTHERN BORDER – DON’T BE! – Here’s What The Overhyped “Caravan” Actually Looks Like! — “Who wants to leave their country, the comfort of their home, their families?” she asked. “It’s a very difficult thing.”

https://www.nytimes.com/2018/04/04/world/americas/mexico-trump-caravan.html

Kirk Semple reports for the NY Times:

Photo

Central American migrants, members of a group making its way through Mexico, waited in line on Wednesday to review their visa status at a temporary camp in Matías Romero.
CreditBrett Gundlock for The New York Times

MATÍAS ROMERO, Mexico — With a sarcastic half-smile, Nikolle Contreras, 27, surveyed her fellow members of the Central American caravan, which President Trump has called dangerous and has used as a justification to send troops to the border.

More than 1,000 people, mostly women and children, waited patiently on Wednesday in the shade of trees and makeshift shelters in a rundown sports complex in this Mexican town, about 600 miles south of the border. They were tired, having slept and eaten poorly for more than a week. All were facing an uncertain future.

“Imagine that!” said Ms. Contreras, a Honduran factory worker hoping to apply for asylum in the United States. “So many problems he has to solve and he gets involved with this caravan!”

The migrants, most of them Hondurans, left the southern Mexican border city of Tapachula on March 25 and for days traveled north en masse — by foot, hitchhiking and on the tops of trains — as they fled violence and poverty in their homelands and sought a better life elsewhere.

This sort of collective migration has become something of an annual event around Easter week, and a way for advocates to draw more attention to the plight of migrants.

But this particular caravan caught the attention of Mr. Trump, apparently after he heard about it on Fox News. In a Twitter tirade that began Sunday, he conjured up hordes of dangerous migrants surging toward the border. He demanded that Mexican officials halt the group, suggesting that otherwise he would make them pay dearly in trade negotiations or aid cuts.

Mr. Trump even boasted that his threat had forced Mexico’s government to halt and disperse the caravan participants. But there was no evidence of that on Wednesday.

. . . .

Irineo Mujica, Mexico director of People Without Borders, an advocacy group that is coordinating the caravan, called Mr. Trump’s Twitter attacks and promise of a militarized border “campaign craziness.”

“There are 300 kids and 400 women,” he said. “Babies with bibs and milk bottles, not armaments. How much of a threat can they be?”

. . . .

The group, organizers and advocates said, represented a regional humanitarian problem, not a security crisis for the United States, as Mr. Trump has suggested.

“What he’s attacking is a supremely vulnerable population,” said Gina Garibo, projects coordinator in Mexico for People Without Borders.

In response to Mr. Trump’s tweets and his plans to militarize the border, the Mexican Senate unanimously passed a nonbinding statement on Wednesday urging President Enrique Peña Nieto to suspend cooperation with the United States on immigration and security matters — “as long as President Donald Trump does not conduct himself with the civility and respect that the Mexican people deserve.”

Caravan organizers also said their intent was never to storm the border, especially not with a caravan of this size. While the original plan included the possibility of escorting the caravan to the northern border of Mexico, organizers had expected the group to mostly dissolve by the time it had reached Mexico City.

. . . .

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Read the complete article along with more pictures of ordinary folks forced to make an extraordinary journey at the link.

There has never been any doubt that folks like Trump, Sessions, Miller, Nielsen have nothing but contempt for the truth, laws, and human life. But, they also think that the American people are pretty stupid to fall for the “fantasyland claptrap” that they throw out to drum up support for their racist restrictionist ambitions.

Although you’ll never hear it from the disingenuous Trumpsters, individuals arriving at our borders have a legal right to apply for asylum guaranteed by both U.S. and international law. Most of the “law-breaking” involves the actions of the Trump DHS. By refusing to properly process asylum applicants at legal ports of entry, the Administration actually encourages illegal entry and the use of smugglers.

The only real “crisis” at the Southern border is a humanitarian one that this and past Administrations have had key roles in creating through failed immigration and foreign policies. Without better, smarter government, we’re bound to deep repeating the same mistakes.

Don’t fall for it!

PWS

04-05-18

 

TAL @ CNN: TRUMP’S “GONZO” IMMIGRATION ENFORCEMENT POLICIES LIKELY TO FAIL AND ACTUALLY AGGRAVATE FORCES DRIVING UNDOCUMENTED MIGRATION!

How Trump’s policies could worsen the migration issue he says he wants to solve

By Tal Kopan, CNN

President Donald Trump in recent days has decried “weak” US border laws that he says leave the US vulnerable to unfettered immigration — but some of his policies could have the effect of worsening a Central American migrant crisis.

Even as the Department of Homeland Security says the southern border “is more difficult to illegally cross today than ever before,” Trump has stepped up his hardline immigration rhetoric, calling on the US military to guard the US-Mexico border until his long-promised wall is complete. He’s hammered Mexico and other countries for policies that he says are disadvantageous to the US and that send unsavory individuals into the country.

But experts say the President has been pursuing other policies that could substantially harm Central America — and in doing so, he risks creating conditions that generate the exact kind of mass exodus north that he talks about wanting to solve.

Immigration is driven by what are called push and pull factors. The US has been seeking aggressive immigration powers to cut down on what they say are pull factors — the perception that immigrants can live illegally with impunity in the US. But those very policies could affect push factors — the conditions of poverty and violence that drive immigrants elsewhere out of desperation.

“The US sort of talks out of both sides of its mouth,” said Eric Olson, a Latin America expert at the nonpartisan Wilson Center.

“If you’re investing in the region to address the drivers of migration and at the same time pursuing a policy of large-scale deportation, or at least potentially large-scale deportation, and you’re creating more obstacles for people leaving the region for reasons like violence and so on, you’re really creating more instability, not less instability.”

(Much) more: http://www.cnn.com/2018/04/04/politics/trump-migration-central-america/index.html

 

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As Tal says, there’s much, much more to her report on the total stupidity and counter-productivity (not to mention inhumanity) of the Trump Administration’s “Gonzo” enforcement policy.  Go on over to CNN at the link to get the full picture.

I’ve been saying for some time now that Trump is pursuing facially “hard-line” policies that are proven failures. Indeed, that forced migration from Central America is a phenomenon that spans four decades and six different Administrations with varying degrees of  “same old, same old” would suggest to rational leadership that a different approach is required.

Contrary to Trump’s oft-made bogus claim, his is not the first Administration to try a “close the border, detain and deter” policy.  Beginning with Reagan, every Administration has tried largely the same thing (although perhaps without some of the inflammatory and outright racist rhetoric favored by the Trumpsters) and all have failed. I know because I’ve been involved in some aspect of trying to implement those failed policies in at least four of those Administrations, two GOP and two Democrat.

That’s why the trend of migration from the Northern Triangle continues and will continue and fester until we get some enlightened leadership that 1) correctly applies our refugee and protection laws in the generous humanitarian spirit they were intended; and 2) recognizes and starts to deal effectively with the “push” issues in the sending countries.

Contrary to the false narrative spread by current Administration, most Central American refugees that I encountered personally during my career would have preferred to remain in their home countries, if political and country conditions had permitted it. Indeed, many were forced by targeted violence to give up promising careers, studies, or businesses to flee for their lives to the U.S. Here, they often had to perform “entry-level” work to support themselves unless and until they achieved some type of legal status (often TPS , asylum, withholding of removal, CAT relief, Special Immigrant Juvenile (“SIJ”) status, or a green card under NACARA).

Of course, many were denied protection despite having very credible, well-documented fears of harm because they didn’t fit the intentionally restrictive asylum criteria engineered by the BIA over several Administrations largely as a result of political pressure on the system to be “unwelcoming” to Central American migrants.  Some of those who returned were killed or disappeared;  others were tortured or attacked again and forced to flee second or third times, now bearing the scars or injuries to prove their cases — only as “prior deportees” they were no longer eligible for asylum but had to accept withholding of removal or CAT deferral.

Nobody in this Administration, and sadly relatively few in Congress and among the public, are willing to deal honestly with the phenomenon of Central American migration and the “push factors” that will never, ever be controlled by more restrictive laws, more violations of statutory, Constitutional, and international rights, inhumane and life-threatening detention , and racist rhetoric. Nor will it be stopped by any bogus “Wall.”

As I’ve said before, “We can diminish ourselves as a nation, but that won’t stop human migration!” If only someone would listen!

PWS

04-04-18

 

 

FEDERAL COURTS DELIVER ANOTHER BIG HIT TO ADMINISTRATION SCOFFLAWS ON IMMIGRATION: Attempt To Violate Detainee’s Constitutional Right To Abortion Thwarted!

https://www.washingtonpost.com/local/public-safety/us-judge-orders-government-to-allow-abortion-access-to-detained-immigrant-teens/2018/03/30/19e9fcf8-3128-11e8-94fa-32d48460b955_story.html

A federal judge issued a nationwide order temporarily preventing the government from blocking access to abortion services and counseling for teens detained in immigration custody, saying current administration policy and practices probably are unconstitutional.

The order came in a case brought last fall on behalf of a Central American girl in a ­government-funded shelter that set off a national debate over the constitutional rights of such undocumented teens to terminate their pregnancies.

The late Friday ruling, by U.S. District Judge Tanya S. Chutkan of Washington, allowed the case to proceed as a class action on behalf of any other teens who have crossed the border illegally and while in federal custody may want to seek abortion services. In filings, the U.S. government acknowledged there were at least 420 pregnant unaccompanied minors in custody in 2017, including 18 who requested abortions.

The Trump administration has refused to “facilitate” such procedures for pregnant teenagers traveling alone on the grounds that they had the option to voluntarily return to their home countries or to find private sponsors in the United States to assist them in obtaining procedures.

The policy position marked a departure from that of the Obama administration, whose Office of Refugee Resettlement did not block immigrants in U.S. custody from having abortions at their own expense, and paid for services for teens in cases of rape, incest or a threat to the woman’s life.

In her 28-page opinion, Chutkan, a 2014 Obama appointee, said the change in policy posed irreparable harm to pregnant teens, writing that “ORR’s absolute veto nullifies a UC’s right to make her own reproductive choices,” referring to unaccompanied children.

“The court concludes that ORR’s policies and practices infringe on female UC’s constitutional rights by effectively prohibiting them from ‘making the ultimate decision’ on whether or not to continue their pregnancy prior to viability — a quintessential undue burden,” the judge wrote.

A Justice Department spokesman did not immediately comment on the ruling.

The American Civil Liberties Union, representing the teens, expressed relief at the court action.

“The Trump administration’s cruel policy of blocking young immigrant women in federal custody from accessing abortion is a blatant abuse of power,” Brigitte Amiri, deputy director of the ACLU Reproductive Freedom Project, said in a statement. “With today’s rulings, we are one step closer to ending this extreme policy once and for all and securing justice for all of these young women.”

In all, four pregnant teens in custody have asked Chutkan to force the administration to stop blocking access to abortion services. The initial case involving the teen in Texas is still pending in the Supreme Court after the Justice Department took the unusual step of asking the justices to consider disciplining the teen’s lawyers.

Abortion rights advocates and some Democrats in Congress have called for the firing of E. Scott Lloyd, the head of the refu­gee resettlement office within the Department of Health and Human Services. Court records show that Lloyd has personally intervened to try to block abortion services.

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Read the full article at the above link.

Hard to figure out why guys like E. Scott Lloyd and Jeff Sessions shouldn’t be both 1) fired, and 2) held personally liable under Bivens for knowing and intentional violations of constitutional rights.

PWS

03-31-18

 

MATTER OF A-B-, 27 I&N Dec. 247 (AG 2018) (“A-B- II”) – Session’s Latest Abuse of Certification Process Illustrates Judge Chase’s Point On Why This Unethical & Unfair Procedure Must End!

https://www.justice.gov/eoir/page/file/1047666/download

Cite as 27 I&N Dec. 247 (A.G. 2018) Interim Decision #3922

Matter of A-B-, Respondent

Decided by Attorney General March 30, 2018

U.S. Department of Justice Office of the Attorney General

The Attorney General denied the request of the Department of Homeland Security that the Attorney General suspend the briefing schedules and clarify the question presented, and he granted, in part, both parties’ request for an extension of the deadline for submitting briefs in this case.

BEFORE THE ATTORNEY GENERAL

On March 7, 2018, pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2017), I directed the Board of Immigration Appeals (“Board”) to refer its decision in this case to me for review. To assist in my review, I invited the parties to submit briefs not exceeding 15,000 words in length and interested amici to submit briefs not exceeding 9,000 words in length. I directed that the parties file briefs on or before April 6, 2018, that amici file briefs on or before April 13, 2018, and that the parties file any reply briefs on or before April 20, 2018.

On March 14, 2018, the respondent filed a request for an extension of the deadline for submitting briefs from April 6, 2018, to May 18, 2018. On March 16, 2018, the Department of Homeland Security (“DHS”) submitted a motion containing three requests: (1) that I suspend the briefing schedules to permit the Board to rule on the Immigration Judge’s August 18, 2017, certification order; (2) that I clarify the question presented in this case; and (3) that I extend the deadline for submitting opening briefs to May 18, 2018. The respondent subsequently filed a response requesting that I grant the same relief.

This Order addresses all pending requests from the parties.
I. DHS’s Request To Suspend the Briefing Schedules

DHS’s request to suspend the briefing schedules until the Board acts on the Immigration Judge’s certification request is denied. DHS suggests that this case “does not appear to be in the best posture for the Attorney General’s review,” because the Board has not yet acted on the Immigration Judge’s attempt, on remand from the Board, to certify the case back to the Board. See DHS’s Mot. on Cert. to the Att’y Gen. at 2 (citing United States ex rel. Accardi v. Shaughnessy, 347 U.S. 260 (1954)).

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The certification from the Immigration Judge pending before the Board does not require the suspension of briefing because the case is not properly pending before the Board. The Immigration Judge did not act within his authority, as delineated by the controlling regulations, when he purported to certify the matter. The Immigration Judge noted in his order that an “Immigration Judge may certify to the [Board] any case arising from a decision rendered in removal proceedings.” Order of Certification at 4, (Aug. 18, 2017) (emphasis added) (citing 8 C.F.R. § 1003.1(b)(3), (c)). The regulations also provide that an “Immigration Judge or Service officer may certify a case only after an initial decision has been made and before an appeal has been taken.” 8 C.F.R. § 1003.7 (2017).

Here, the Immigration Judge did not issue any “decision” on remand that he could certify to the Board. The Board’s December 2016 decision sustained the respondent’s appeal of the Immigration Judge’s initial decision and remanded the case to the Immigration Judge “for the purpose of allowing [DHS] the opportunity to complete or update identity, law enforcement, or security investigations or examinations, and further proceedings, if necessary, and for the entry of an order as provided by 8 C.F.R. § 1003.47(h).” Matter of A-B- at 4 (BIA Dec. 8, 2016). Under 8 C.F.R. § 1003.47(h) (2017), the Immigration Judge on remand was directed to “enter an order granting or denying the immigration relief sought” after considering the “results of the identity, law enforcement, or security investigations.” “If new information is presented, the immigration judge may hold a further hearing if necessary to consider any legal or factual issues . . . .” Id.

In this matter, DHS informed the Immigration Judge that the respondent’s background checks were clear. See Order of Certification at 1. Given the scope of the Board’s remand and the requirements of the regulations, the Immigration Judge was obliged to issue a decision granting or denying the relief sought. If the Immigration Judge thought intervening changes in the law directed a different outcome, he may have had the authority to hold a hearing, consider those legal issues, and make a decision on those issues. Cf. 8 C.F.R. § 1003.47(h). Instead, the Immigration Judge sought to “certify” the Board’s decision back to the Board, essentially requesting that the Board reconsider its legal and factual findings. That procedural maneuver does not fall within the scope of the Immigration Judge’s authority upon remand. Nor does it fall within the regulations’ requirements that cases may be certified when they arise from “[d]ecisions of Immigration Judges in removal proceedings,” id. § 1003.1(b)(3); see also id. § 1003.1(c), and that an Immigration Judge “may certify a case only after an initial decision has been made and before an appeal has been taken,” id. § 1003.7. Because the Immigration Judge failed to issue a decision on remand, the Immigration Judge’s attempt to certify the case back to the Board was procedurally

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defective and therefore does not affect my consideration of the December 16, 2016, Board decision.

Furthermore, the present case is distinguishable from Accardi, because, here, the Board rendered a decision on the merits, consistent with the applicable regulations. It is that December 8, 2016, decision that I directed the Board to refer to me for my review. See Matter of A-B-, 27 I&N Dec. 227, 227 (A.G. 2018) (directing the Board “to refer this case to me for review of its decision” (emphasis added)). The Board issued that decision “exercis[ing] its own judgment” and free from any perception of interference from the Attorney General. Accardi, 347 U.S. at 266. My certification of that decision for review complies with all applicable regulations. See 8 C.F.R. § 1003.1(h)(1)(i) (“The Board shall refer to the Attorney General for review of its decision all cases that . . . [t]he Attorney General directs Board to refer to him.” (emphasis added)). It is therefore unnecessary to suspend the briefing schedule pending a new decision of the Board.

II. DHS’s Request To Clarify the Question Presented

I deny DHS’s request to clarify the question presented. In my March 7, 2018, order, I requested briefing on “[w]hether, and under what circumstances, being a victim of private criminal activity constitutes a cognizable ‘particular social group’ for purposes of an application for asylum or withholding of removal.” Matter of A-B-, 27 I&N Dec. at 227. Although “there is no entitlement to briefing when a matter is certified for Attorney General review,” Matter of Silva-Trevino, A.G. Order No. 3034-2009 (Jan. 15, 2009), I nevertheless invited the parties and interested amici “to submit briefs on points relevant to the disposition of this case” to assist my review. Matter of A-B-, 27 I&N Dec. at 227. As the Immigration Judge observed in his effort to certify the case, several Federal Article III courts have recently questioned whether victims of private violence may qualify for asylum under section 208(b)(1)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1158(b)(1)(B)(i) (2012), based on their claim that they were persecuted because of their membership in a particular social group. If being a victim of private criminal activity qualifies a petitioner as a member of a cognizable “particular social group,” under the statute, the briefs should identify such situations. If such situations do not exist, the briefs should explain why not.

DHS requests clarification on the ground that “this question has already been answered, at least in part, by the Board and its prior precedent.” Board precedent, however, does not bind my ultimate decision in this matter. See section 103(a)(1) of the Act, 8 U.S.C. § 1103(a)(1) (2012) (providing that “determination and ruling by the Attorney General with respect to all

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Cite as 27 I&N Dec. 247 (A.G. 2018) Interim Decision #3922

questions of law shall be controlling”). The parties and interested amici may brief any relevant issues in this case—including the interplay between any relevant Board precedent and the question presented—but I encourage them to answer the legal question presented.

III. The Parties’ Requests for an Extension of the Deadline for Submitting Briefs

I grant, in part, both parties’ request for an extension of the deadline for submitting briefs in this case. The parties’ briefs shall be filed on or before April 20, 2018. Briefs from interested amici shall be filed on or before April 27, 2018. Reply briefs from the parties shall be filed on or before May 4, 2018. No further requests for extensions of the deadlines from the parties or interested amici shall be granted.

In support of respondent’s request for an extension, she asserted that “an extension of the briefing deadline is warranted because [r]espondent intends to submit additional evidence with her brief in support of her claim,” including the possibility that she might obtain new evidence from El Salvador. Resp’t Request for Extension of Briefing Deadline at 4 (Mar. 14, 2018). Although I retain “full decision-making authority under the immigration statutes,” Matter of A-H-, 23 I&N Dec. 774, 779 n.4 (A.G. 2005), I requested briefing on a purely legal question to assist my review of this case, and I encourage the parties to focus their briefing on that question. Further factual development may be appropriate in the event the case is remanded, but the opportunity to gather additional factual evidence is not a basis for my decision to extend the briefing deadline.

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

Back in law school, we were taught that court jurisdiction existed to decide “cases or controversies.” Not so in the US Immigration Court in the “Age of Sessions.”

The latest outrageous “certified” decision by Attorney General Jeff “Gonzo Apocalyoto” Sessions shows that he has abused his power by intervening in a case where neither party sought his intervention and where both parties essentially consider the law to be settled by prior BIA precedents. Indeed, the DHS is basically asking Sessions not to intervene in a case that it lost before the BIA and instead let the BIA deal with the issue. Remarkably, though, Sessions treats DHS with the same arrogant and biased dismissiveness that he treats migrants and private lawyers.

Even the DHS (to its credit) appears to be appalled by Sessions’s unwarranted and unneeded interference in the quasi-judicial process before the US Immigration Courts. Apparently, the DHS understands (as Gonzo apparently does not or will not) that the destruction of the credibility and integrity of the Immigration Courts will also hurt their enforcement efforts by making US Courts of Appeals more skeptical of the validity of final orders of removal entered by the BIA! Indeed, it was similar concerns by enforcement officials in the “Legacy INS” during the Reagan Administration that led to the removal of the Immigration Judges from the INS and creation of EOIR as a separate, non-enforcement, agency within the DOJ in the first place.

Although Sessions in his latest decision in Matter of A-B– basically concedes that the Immigration Judge should have followed the BIA’s instructions and granted the respondent’s asylum application, he nevertheless is misusing the case as a “vehicle” for a reexamination of fundamental, well-established principles of asylum law that neither party requested. Talk about abuse of authority!

Sessions has been on the wrong side of legal history on an astounding range of legal issues throughout his sorry career. Yet, having been rebuffed on most of his extremist views by his colleagues of both parties in the Senate and by the courts, he is now using his “captive court system” — the U.S. Immigration Courts — to interfere with the fair administration of justice and to impose his self-styled, White Nationalist inspired rules that no party has requested. Seldom has there been such a clear abuse of the American legal system. Yet, to date he is getting away with it!

This is precisely the type of improper use of the arcane “certification authority” that my colleague Judge Jeffrey Chase discussed in his article reprinted in the previous post. When and where will this mockery of justice end?

PWS

03-30-18

 

 

JOSHUA MATZ IN WASHPOST: The Litigating Strategy Of Unrelenting Animus – Will It Eventually Win For The Trumpsters, Even While Destroying Our Legal System?

https://www.washingtonpost.com/opinions/getting-deja-vu-on-trumps-transgender-ban-youre-not-alone/2018/03/27/4e78091e-312e-11e8-8bdd-cdb33a5eef83_story.html

March 27 at 7:14 PM

Joshua Matz is a constitutional lawyer based in the District. He is also the publisher of the legal analysis blog Take Care.

President Trump is hard at work making animus the law of the land. Justice Department lawyers revealed his latest effort Friday night, announcing a revised plan to exclude nearly all transgender soldiers from the armed forces.

As many commentators haveobserved, the reasoning offered to support Trump’s policy is riddled with empirical errors and anti-trans stereotypes. It comes nowhere close to disproving the comprehensive study in 2016 that recommended allowing transgender people to serve openly. Like so many other missives from this White House, it makes only a token effort to conceal the disdain and disgust that underlie it.

Trump’s original “transgender ban” was blocked byfourfederal courts. After two of those rulings were affirmed on appeal, the administration decided against seeking Supreme Court review. It’s therefore safe to assume that Trump’s latest order will not go into effect unless it survives constitutional challenges.

And in thinking about that litigation, it’s hard to escape a feeling of deja vu. A little more than 14 months into Trump’s presidency, a pattern has emerged in cases challenging some of his most despicable decisions.

. . . .

It remains to be seen when and where these arguments will succeed. As a logical matter, there must be some limits. Evidence that Trump originally acted with impermissible motives cannot (and should not) permanently preclude him from making policy.

But that isn’t the situation we confront. Trump has made no effort whatsoever to dispel or deny the aura of animus that envelops so many of his orders. To the contrary, he and his advisers have leaned into the hate. With each passing day, it spreads like a poison.

We thus live in a strange new world, where bigots serve openly and soldiers are forced into closets.

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Go on over to the WashPost at the link for the complete article.
The problem, as noted by Matz, is that our system isn’t designed to deal with unremitting hate and bias from it’s most active, and supposedly most responsible, litigant, the U.S. Government. Usually, after a few “warning shots across the bow,” the Executive gets the picture and changes strategies.
But, led by White Nationalists like Trump and Sessions, this Administration simply “doubles down” on thinly disguised hate and bias motivated policies. At some point, the Article III courts are likely to become both frustrated and exhausted. By continuing to “knock down” bias-based policies and actions, the Article IIIs become part of the political fray, which makes them uncomfortable. Perhaps at that point, they will just start giving Trump & Co. “free passes.” Indeed, some Federal Courts, including perhaps the Supremes, already appear prepared to “punt” on the daily dose of  legally questionable and indecent legal positions spewed forth by this Administration.
PWS
03-29-18

THE BORDER IN PICTURES BY PHOTOGRAPHER JOHN MOORE — “The fury and debate over immigration to the United States appears to be going nowhere.”

https://www.nytimes.com/2018/03/25/world/americas/mexico-border-photos-john-moore.html

Photo

A man killed in a suspected drug-related execution in 2012 in Acapulco, Mexico. Violence has surged in Acapulco, once Mexico’s top tourist destination, spurring the flight of many Mexicans. CreditJohn Moore/Getty Images

For nearly a decade, the photographer John Moore has traversed the Mexico-United States border, covering the story of immigration from all sides — American, Mexican, immigrant and border agent.

His depiction of the border is both literal and figurative.

Continue reading the main story

Photo

Families at a memorial service for two boys who were kidnapped and killed in February 2017 in San Juan Sacatepéquez, Guatemala. CreditJohn Moore/Getty Images

. . . .

A boy from Honduras watched a movie in 2014 at a detention facility for unaccompanied minors in McAllen, Tex.

. . . .

But wherever the numbers go, Mr. Moore’s images reflect an American truth: The fury and debate over immigration to the United States appears to be going nowhere.”

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Go to the above link to the NYT for the full article and all of Moore’s pictures.

What do you suppose the “boy from Honduras” is thinking about America? Are these the images by which we want to be remembered as a country? If not, join the New Due Process Army and work for constructive change!

PWS

03-26-18

THE “BIG NAME” CLIENT NO LAWYER WANTS!

https://www.washingtonpost.com/politics/in-another-blow-to-trumps-efforts-to-combat-russia-probe-digenova-will-no-longer-join-legal-team/2018/03/25/8ac8c8d2-3038-11e8-94fa-32d48460b955_story.html

Josh Dawsey, Carol D. Leonnig and Rosalind S. Helderman report in WashPost:

President Trump’s legal team reversed course Sunday, announcing that a lawyer slated to join the attorneys handling the response to special counsel Robert S. Mueller III’s Russia investigation will not come on board after all, the latest sign of disarray for Trump’s legal strategy.

The development came three days after John Dowd, who had been Trump’s top attorney handling the Russia inquiry, resigned amid strategy disputes with the president.

Trump is now left, at least temporarily, without a traditional criminal defense attorney as Mueller’s team appears to be entering a critical phase in its investigation into Moscow’s interference in the 2016 election and whether the president’s campaign cooperated with Russia in this effort.

Joseph diGenova, the lawyer Trump wanted to replace Dowd, has often stridently defended the president on Fox News Channel and cast the Mueller probe as a conspiracy against him. Trump enjoyed the TV appearances and wanted diGenova on his team even though he did not know him, officials say.

But in a statement on Sunday, a spokesman for Trump’s legal team said both diGenova and his wife, Victoria Toensing, who is also a lawyer, would not be working on the Russia probe because clients they are representing in connection with the investigation posed conflicts of interest.

One of President Trump’s personal attorneys, John Dowd, resigned on March 22, amid a shake-up of the president’s legal team for the Russia investigation.

“The President is disappointed that conflicts prevent Joe diGenova and Victoria Toensing from joining his Special Counsel legal team,” Jay Sekulow, counsel to Trump, said in the statement. “However, those conflicts do not prevent them from assisting the President in other legal matters. The President looks forward to working with them.”

The unraveling of the president’s legal team has left his advisers concerned. People familiar with the situation said the president has been counseled by friends that he needs to find a new lawyer to quarterback his team, and efforts are underway by people close to Trump to hire a new lawyer.

Before his resignation Thursday, Dowd had been Trump’s main point of contact with Mueller’s office and had been helping to negotiate the terms for an interview between the president and the special counsel’s team as it examines whether Trump obstructed justice by allegedly seeking to shut down the investigation, which was being conducted by the FBI until Trump fired FBI Director James B. Comey in May. Mueller was then appointed special counsel by Deputy Attorney General Rod J. Rosenstein.

Trump’s legal effort is now led by Sekulow, a conservative attorney and radio host who has concentrated on constitutional issues, and assisted by Ty Cobb, a White House lawyer paid by taxpayers to represent the institution of the presidency rather than Trump personally. Cobb, too, has occasionally drawn the president’s ire, people familiar with the team have said.

A number of white-collar attorneys in Washington said the president has been unable to attract top-flight talent as he looks to overhaul his legal team, with major firms fearful that an affiliation with Trump and the Russia case could impact their ability to attract other clients and hire new lawyers.

Trump has recently been relying on Marc E. Kasowitz, who led his legal team until this summer and has represented Trump in several cases over the years. Kasowitz and Trump clashed over a number of issues, including Kasowitz’s belief that Jared Kushner, the president’s son-in-law and a top White House aide, needed to leave the administration because of the potential legal problems he faced due to the probe and the potential problems they could cause Trump. After Dowd’s hiring, Kasowitz took a diminished role in handling the case.

Ultimately, said one person close to Trump’s legal team, “He’s his own lawyer. Always has been and always will be.”

The person added: “You know what they say about a ‘lawyer’ who has himself as a client.”

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Read the entire article at the link.

“A lawyer who represents him or herself has a fool for a client.”

PWS

03-26-18

 

SATURDAY SATIRE FROM ANDY BOROWITZ @ THE NEW YORKER: “Texas Weighs Ban on Women”

https://www.newyorker.com/humor/borowitz-report/texas-weighs-ban-on-women?mbid=nl_Borowitz 032318&CNDID=48297443&spMailingID=13173267&spUserID=MjQ1NjUyMTUwNjY5S0&spJobID=1362047596&spReportId=MTM2MjA0NzU5NgS2

“Texas Weighs Ban on Women

AUSTIN (The Borowitz Report)—Republican lawmakers in the Texas State Senate are proposing a precedent-setting new bill that would make it illegal for women to live in the state.

Senator Harland Dorrinson, one of the many pro-life lawmakers backing the woman ban, crafted his bill after witnessing Senator Wendy Davis filibuster an anti-abortion bill last month.

“That was our moment to say, ‘Enough is enough,’ ” he said. “This comes down to a choice between life and women, and we choose life.”

Senator Dorrinson said his bill would call for a twenty-foot woman-proof fence to be constructed along the borders of the state.

“Women are great at talking, but not at climbing,” he observed.

But another G.O.P. state senator, Cal Jamson, believes that the total ban on women goes “too far” and is proposing a less draconian bill that would allow some women to remain in the state as guest workers.

“Texas needs women to cook, clean, and cheerlead,” he said. “If they show that they can do those things and stay out of politics, there could be a pathway to citizenship.”

Get the Borowitz Report delivered to your inbox.

Photograph by George Rose/Getty.”

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WARNING: THIS IS “FAKE NEWS” BUT COMES WITH MY ABSOLUTE, UNCONDITIONAL, MONEY BACK GUARANTEE THAT IT CONTAINS MORE TRUTH THAN THE AVERAGE TRUMP TWEET OR SARAH HUCKABEE SANDERS NEWS BRIEFING, AND ALSO MORE FACTUAL ACCURACY THAN ANY REPORT PREPARED UNDER THE DIRECTION OF “AGENT DEVON!”

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Yup. Definitely sounds like the Texas GOP. We are definitely seeing a blurring the line between satire and the simply incredible daily dishonesty and disingenuousness of the Trump GOP. Trump is killing almost everything American. Will American political satire be among the casualties?

PWS

03-24-17

VIEWS YOU CAN USE: SOPHIA GENOVESE SETS FORTH A BLUEPRINT FOR LEGAL RESISTANCE TO WHITE NATIONALIST XENOPHOBIA & SESSIONS’S ASSAULT ON HUMAN RIGHTS & THE RULE OF LAW FOR ASYLUM SEEKERS!

https://www.lexisnexis.com/legalnewsroom/immigration/b/immigration-law-blog/archive/2018/03/20/sessions-likely-to-end-asylum-eligibility-for-victims-of-domestic-violence-how-courts-can-resist.aspx?Redirected=true

Sophia writes at LexisNexis Immigration Communities:

“Violence against women is the most pervasive and underreported human rights violation in the world. Whether you live on the Upper East Side or in Gugulethu, South Africa, you likely know a woman or girl who has been the victim of sexual or gender-based violence. Maybe you are that woman or girl.[i]

International asylum frameworks have long grappled with how to address this gender-based persecution. After years of debating whether victims of domestic violence have a legitimate claim to asylum, the US Board of Immigration Appeals (BIA) finally recognized in 2014 that married women who are unable to leave their relationships may constitute a cognizable particular social group for the purposes of seeking asylum. Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014); see also Matter of D-M-R- (BIA June 9, 2015) (clarifying that a victim of domestic violence need not be married to her abuser). Although some advocates argue the decision does not go far enough, the protections and opportunities that Matter of A-R-C-G– have provided to thousands of women cannot be understated. Despite these advancements, Attorney General Jeff Sessions has questioned whether such claims to asylum are legitimate by referring to himself a BIA case, Matter of A-B- (BIA Dec. 8, 2016), where the Board found that a victim of domestic violence was indeed eligible for asylum. Pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2017), Sessions may refer a case to himself for review, and has asked each party to submit briefs on “[w]hether, and under what circumstances, being a victim of private criminal activity constitutes a cognizable ‘particular social group’ for purposes of an application for asylum or withholding of removal.” Matter of A-B-, I&N Dec. 227 (A.G. 2018).

As brief background, in order to be granted asylum, the applicant must show that they have suffered past persecution or have a well-founded fear of future persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion, and that he or she is unable or unwilling to return to, or avail himself or herself of the protection of, their country of origin owing to such persecution. 8 C.F.R. § 1208.13(b)(1) & (2). To be granted asylum based on one’s membership in a particular social group, the applicant must show that the group is “(1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct within the society in question.” Matter of A-R-C-G-, 26 I. & N. at 392. As set forth in Matter of Acosta, 19 I&N Dec. 211, 212 (BIA 1985), a “common immutable characteristic” is defined as “a characteristic that either is beyond the power of the individual members of the group to change or is so fundamental to their identities or consciences that it ought not be required to be changed.” Under  Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) and clarified in Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014), the social group must be defined with “particularity,” or be defined by boundaries of who is actually a member of the group. Finally, as explained in Matter of W-G-R-, “social distinction” is defined as the ‘recognition’ or ‘perception’ of the particular social group in society. 26 I&N Dec. at 216. The applicant must also show that her persecution was on account of her membership in the social group, and that the government in her country of origin is unable or unwilling to afford her protection from such persecution.

In Matter of A-R-C-G-, the Board found that the lead respondent had met her burden in establishing eligibility for asylum, and held that “[d]epending on the facts and evidence in an individual case, ‘married women in Guatemala who are unable to leave their relationship’ can constitute a cognizable particular social group that forms the basis of a claim for asylum or withholding of removal.” 36 I&N Dec. at 388. In this case, the lead respondent was married to a man who regularly beat her, raped her, and on one occasion, burned her. She had contacted local authorities several times to escape her abuser, but was told that the police would not interfere with domestic matters. The respondent had even moved out, but her husband found her and threatened to kill her if she did return. Fearing for her life, and knowing that she could not be safe if she stayed in Guatemala, the respondent fled to the United States.

The Immigration Judge in Matter of A-R-C-G- found that the respondent’s abuse was the result of “criminal acts, not persecution,” and further found that the respondent was not eligible for asylum. On appeal, the BIA found that “married women in Guatemala who are unable to leave their relationship” is indeed a cognizable social group. First, the BIA asserted that the immutable characteristic in this matter was “gender,” and also found the marital status would satisfy the requirement where the woman is unable to leave the relationship. Second, the BIA found that the particular social group had been defined with particularity, where “married,” “women,” “who are unable to leave their relationship” have commonly accepted definitions in Guatemala, stating that it was particularly significant that the respondent had sought protection from the police but was denied protection due to her social group. Finally, the BIA found that the group was socially distinct in society, where Guatemala has a culture of “machismo and family violence,” where the respondent’s social group is easily perceived and recognized in Guatemalan society, and where Guatemala has created laws to protect the respondent’s social group, but has failed to successfully implement them. The BIA cautioned in their decision that particular social group analyses in cases that involve victims of domestic violence will depend heavily on the facts, including country conditions.

. . . .

Despite the BIA’s findings, and decades of tireless efforts by advocates, Attorney General Sessions now refers the case to himself and has asked parties to submit briefs on “whether, and under what circumstances, being a victim of private criminal activity constitutes a cognizable ‘particular social group’ for purposes of an application for asylum or withholding of removal.” Matter of A-B-, 27 I&N Dec. 227 (A.G. 2018). There may have been bad faith on the part of the Immigration Judge below who held up A-B-’s case on remand, then sent it back to the BIA eight months later by raising a “facially bogus legal issue,” only to have AG Sessions refer the case to himself and stripping the BIA of jurisdiction.

Sessions has made clear his animus against immigrants, especially those fleeing persecution and seeking asylum in the United States, along with their ‘dirty’ immigration lawyers. The referral of the A-B- case to himself is yet another instance of such xenophobia on full display, where he seeks to deny protection to some of the most vulnerable populations in the world. While we hope this is not the case, Sessions will likely reverse the BIA’s findings on the Matter of A-B- case and declare that victims of domestic violence are no longer eligible for asylum in the United States, thus uprooting Matter of A-R-C-G- and particular social group claims based on domestic violence. Indeed, attempting to reverse the ability of a victim of domestic violence to seek asylum goes beyond being anti-immigrant. It is a full-frontal attack on human rights and undermines international obligations to provide protection to people fleeing persecution.  The respondent in Matter of A-B- will thus need to appeal to a federal appellate court to overrule Sessions.

One can hope that if successful on appeal, Matter of A-B- has the potential to broaden asylum eligibility for victims of domestic violence by returning to the Acosta definition of particular social group, and clarify what Matter of A-R-C-G- left untouched, such as the nexus requirement and the inability or unwillingness of governments to provide victims protection from their abuses.

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Go on over to LexisNexis at the above link for Sophia’s much longer full article.

More and more individuals are publicly “outing” the clear bias, White Nationalism, lifelong xenophobia, and disingenuous misstatements of facts, manipulation of the process, and disrespect for the true rule of law and our Constitutional guarantees of Due Process for all, which should have disqualified Jeff “Gonzo Apocalypto” Sessions from ever becoming the Attorney General and assuming control over the US. Immigration Courts. But, as Sophia cogently points out, by winning cases in the Article III Courts, the “NDPA” can actually turn the tables on Sessions and his restrictionist cronies by putting important principles of immigration law and fairness beyond their biased grasp.

Harm to the most vulnerable among us is harm to all of us! Go New Due Process Army! Due Process Forever!

 

PWS

03-21-18

WASHPOST: MICHAEL E. MILLER & JON GERBERG REPORT — Nation Of Shame — How The Trump Administration Stomps On The Human Rights Of The Most Vulnerable Refugees Every Day!

https://www.washingtonpost.com/local/wheres-mommy-a-family-fled-death-threats-only-to-face-separation-at-the-border/2018/03/18/94e227ea-2675-11e8-874b-d517e912f125_story.html

Miller & Gerberg report:

They had come so far together, almost 3,000 miles across three countries and three borders: a mother with three children, fleeing a gang in El Salvador that had tried to kill her teenage son.

But now, in a frigid Border Patrol facility in Arizona where they were seeking asylum, Silvana Bermudez was told she had to say goodbye.

Her kids were being taken from her.

She handed her sleeping preschooler to her oldest, a 16-year-old with a whisper of a mustache whose life had been baseball and anime until a gun was pointed at his head.

“My love, take care of your little brother,” she told him on Dec. 17.

“Bye, Mommy,” said her 11-year-old daughter, sobbing.

And then her children were gone.

Once a rarity, family separations at the border have soared under President Trump, according to advocacy groups and immigration lawyers.

The administration first put forth the idea a year ago, when John F. Kelly, then secretary of the Department of Homeland Security, said he was considering separating parents from their children as a deterrent to illegal immigration.

Kelly, now the White House chief of staff, quickly walked back his comments after they triggered public outrage, and the controversy ebbed as illegal immigration plunged to historic lows.

But when border apprehensions began to rise again late last year, so, too, did reports of children being stripped from their parents by Border Patrol or Immigration and Customs Enforcement agents.

“Separating children from their parents is unconscionable and contradicts the most basic of American family values,” 71 Democratic lawmakers said in a letter to DHS in February.

The separation of a Congolese mother from her 7-year-old daughter generated headlines and spurred a class-action lawsuit by the American Civil Liberties Union this month.

“We are hearing about hundreds of families,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project.

“DHS does not currently have a policy of separating women and children,” according to an agency statement released this month, but retains the authority to do so in certain circumstances, “particularly to protect a child from potential smuggling and trafficking activities.”

“The truth is that whether they call it a policy or not, they are doing it,” Gelernt said.

For Silvana’s children, the separation was bewildering and frightening.

They had no idea where their mother was. Did their father, who had fled to the United States months earlier, know where they were? They were told they’d join their family in a few days, but days turned into weeks.

Surrounded by strangers in a strange place, they wondered: Would they ever see their parents again?

‘My soul left me’

The family’s crisis began a year ago, when Silvana’s husband, Yulio Bermudez, refused to help MS-13 members in San Salvador escape from police in his taxi. The gang beat him and threatened to kill him.


Silvana Bermudez weeps on March 16 as she watches a video of her children during their separation. (Michael Stravato/For The Washington Post)

Yulio fled north and crossed illegally into Texas, where the 34-year-old claimed asylum and eventually joined relatives.

Then one night in November, Silvana sent her oldest son — Yulio’s stepson — to a pupuseria down the block. As he was walking, the teenager saw a car pull up. A member of MS-13’s rival, the 18th Street gang, peppered the restaurant with gunfire.

The gang member then turned his gun on the teen, who was frozen with fear. But when he pulled the trigger, there was only the click of an empty chamber.

“Must be your lucky day,” the gangster said and sped off.

Silvana, 33, and her son reported the incident to police, also describing Yulio’s run-in with MS-13. Within days, MS-13 members showed up to their door to tell Silvana she’d pay for snitching, she would later tell U.S. immigration officials. And when the 18th Street member saw her in the street, he pointed his finger at her like a gun.

“It was a clear sign that he was on to us and he wanted to hurt me and my child,” she said in immigration court filings.

Relatives drove Silvana and her kids to the border with Guatemala, where they caught the first of many buses on their way to America.

When they arrived at the U.S.-Mexico border several days later, Silvana and her children followed a group of migrants through the night to a tall brick wall.

“When I saw they were jumping a wall, I said, ‘Oh my God, where do I go from here?’ ” Silvana recalled in an interview. But it was too late to turn back, so she ushered her daughter forward and watched as the 11-year-old disappeared over the wall. Then she handed up her 3-year-old.

“My soul left me, because the wall was very high,” she recalled. Out of sight on the other side of the wall, migrants caught the boy using a blanket.

They had been walking through the desert for a few minutes when they were caught and taken to a “hielera,” or ice box, the nickname for the cold, barren Border Patrol facilities along the frontier where detained migrants sleep dozens to a room.

There, Silvana was told she was being separated from her kids because she had tried to enter the country illegally a decade earlier. Border Patrol agents said she would be charged with “illegal reentry” — a felony punishable by up to 20 years in prison — and that her children could not join her in court, she recalled later. (The Washington Post is not naming the children because of the family’s fears about their safety.)

Instead, the kids were loaded onto a van and driven for four hours. As his baby brother slept in his arms, the 16-year-old could hear his sister crying out for their mom. He tried to comfort her, but a metal divider stood between them.

The desert gave way to neighborhoods, and the 11-year-old said she began to believe they were being taken to their dad’s house. When the van finally stopped in front of a large building on the outskirts of Phoenix, she thought: My dad lives in a hotel?

But the building wasn’t a hotel. It was La Hacienda del Sol, one of dozens of shelters around the country for unaccompanied minors. And it was surrounded by a six-foot fence.

Silvana’s sons were given bunk beds in a room with several other boys. The windows were equipped with alarms, which often went off during the night. Each evening, the 16-year-old would lie awake worrying about their fate.

And each morning, the 3-year-old would wake up and ask the same question.

“Where’s Mommy?”

“She had to go to work,” his older brother would say. “She had to go shopping.”


Silvana’s Bermudez’s 3-year-old son kept asking, “Where’s Mommy?” during their long separation. (Michael E Miller/The Washington Post)

The boys had each other, but their sister was by herself in a wing for girls. They only saw her at meals and for a few hours in the evening, when they would play Battleship or Connect 4.

Silvana had given her oldest son a scrap of paper with his stepdad’s phone number on it. But he’d lost it. There was no Internet at the shelter, and when the teen asked to access Facebook to contact Yulio, he said he was told he’d have to make an official request.

Days passed as the children waited for Yulio or Silvana to find them. They took classes, spoke to therapists and received vaccinations. All the while, there was a constant churn of children around them. They would make new friends, only to lose them a few days later, writing their names in notebooks in the hopes of one day re-connecting.

At one point, the 11-year-old’s only roommate was a 4-year-old. Shelter employees asked her to help care for the girl by warming up her bottle and putting her to sleep.

“She was alone,” Silvana’s daughter said. “Without her mom. Without anyone.”

Christmas arrived without word from their parents. Instead of dinner with family and fireworks in the streets of San Salvador, there was pizza and a shelter employee dressed as Santa Claus dispensing winter hats and plastic yo-yos. When Silvana’s daughter began shimmying to Latin music like she had in her dance troupe in El Salvador, she was told to tone it down. And a no-touching rule meant she wasn’t allowed to hug her older brother, even when the clock struck midnight on New Year’s Eve.

The 11-year-old began to despair.

“At first I thought it’d only be a few days before I saw my dad,” she recalled. “But after a month there, I was going crazy, thinking, When? When? When?”

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Go to the link to read the rest of the article.

This story should be appalling to every American on two levels. First, the unnecessarily cruel policy of separating families, which has frequently been in the news lately.

But, additionally, these folks are refugees who should be granted protection under U.S laws. However, because of unrealistically restrictive politically influenced decisions by the “captive” Board of Immigration Appeals (“BIA”) in the U.S. Department of Justice, and undue deference given to BIA by the Federal Courts under the so-called “Chevron doctrine,” individuals like this basically face a “crap shoot” as to whether protection will in fact be granted.

With a good lawyer, time to prepare and document their case, the right U.S. Immigration Judge, the right BIA “appellate panel,” and the right Court of Appeals panel, protection can be granted under the law in these cases. But, because there are no appointed counsel in Immigration Court cases, most families like this don’t get the top flight legal help that they need to understand the unduly and intentionally overcomplicated law and prepare a winning case. Moreover, too many Immigration Judges at both the trial and appellate levels are biased against or unreceptive to asylum cases from the so-called “Northern Triangle” involving gang violence. Some Circuit Court of Appeals panels care and take the time to carefully review BIA findings; others view their “Ivory Tower Sinecures” as an excuse to merely “rubber stamp” the BIA result without giving it much, if any, apparent thought. And this was happening before the Trump Administration took over.

Now, with the biased, White Nationalist, anti-asylum, restrictionist Jeff Sessions actually in charge of our Immigration Courts it’s basically “open season” on the most vulnerable asylum seekers. Sessions rapidly is moving to make the entire U.S. asylum process basically a “Death Train” with the Immigration Courts and the BIA as mere “whistle stops on the deportation railway.”

Outrageously and shamelessly, Sessions has moved to make it difficult or impossible for individuals to obtain counsel by detaining them in out-of-the-way locations specifically selected for lack of availability of legal services and harsh conditions; separated families to demoralize, punish, and terrorize applicants; cranked up the pressure on already overburdened U.S. Immigration Judges in a system already collapsing under 670,000 pending cases to turn out more mindless removal orders; limited the rights of asylum applicants to full hearings — for all practical purposes a “death sentence” for the majority of those who are unrepresented; and indicated an intention to strip particularly vulnerable women, children, gays, and other asylum applicants similar to this family of the bulk of the already merger substantive legal protections they now possess.

Yes, Sessions’s evil and idiotic plan — which reverses decades of settled administrative precedents — is likely to tie up the Federal Courts for years if not generations. But, not everyone in the position of these families has the time, resources, and know how to navigate the Courts of Appeals to obtain justice. That’s particularly true when folks are held in detention in deliberately substandard conditions.

Because Congressional Republicans have long since abandoned any pretensions to human decency or to care about the Constitutional and statutory rights of migrants, Sessions is running roughshod over the laws, the Constitution, and human rights, and wasting taxpayer money by grossly mismanaging the Immigration Courts, without any meaningful oversight whatsoever.

No, folks like the Bermudez family aren’t “fraudsters,” “terrorists,” “frivolous filers,” “economic refugees,” “job stealers,” “system abusers,” “dangerous criminals,” “gangsters” or any of the other litany of false and derogatory terms that Sessions and his ilk intentionally and disingenuously use to describe refugees and asylum seekers. They are frightened, yet courageous, human beings fighting for their legal rights and their very lives in a system already intentionally and unfairly stacked against them. 

Through articles like this and court cases, we are making a record of the human rights abuses of Sessions and the rest of the Trump Administration. The “New Due Process Army” will continue to fight injustice throughout our country! For those supporting, enabling, or consciously ignoring this Administration’s human rights atrocities, history will be the judge. Harm to the most vulnerable among us is harm to all!

Due Process Forever!

PWS

03-20-19

 

GONZO’S WORLD: DEEP IRONY – He Might Have Fired McCabe Over Alleged “Lack Of Candor,” But Apocalyoto’s Own Lies, Misrepresentations, And Unlikely “Memory Lapses” Might Finally Catch Up With Him!

https://slate.com/news-and-politics/2018/03/sessions-firing-of-mccabe-violated-his-promise-to-recuse.html

Ryan Goodman reports for Slate:

“Attorney General Jeff Sessions’ decision to fire former FBI deputy director Andrew McCabe appears to directly violate the promise Sessions made, under oath, to recuse himself from such matters.

Some might contend that Sessions’ recusal covered only the Clinton and Trump campaigns, and that McCabe’s firing involved the Clinton Foundation investigation as a separate matter. But Sessions unequivocally assured senators of his intentions during his January 2017 confirmation hearings in response to a clear and specific question from the chair of the Senate Judiciary Committee, Sen. Chuck Grassley. Sen. Grassley asked a follow-up question that went right to the point. In response, Sessions very clearly said his recusal would cover any matters involving the Clinton Foundation.

Here is the full exchange:

Grassley: During the course of the presidential campaign, you made a number of statements about the investigation of former Secretary of State Hillary Clinton, relating to her handling of sensitive emails and regarding certain actions of the Clinton Foundation. You weren’t alone in that criticism. I was certainly critical in the same way as were millions of Americans on those matters, but now, you’ve been nominated to serve as attorney general. In light of those comments that you made, some have expressed concerns about whether you can approach the Clinton matter impartially in both fact and appearance. How do you plan to address those concerns?

Sessions: Mr. Chairman, it was a highly contentious campaign. I, like a lot of people, made comments about the issues in that campaign. With regard to Secretary Clinton and some of the comments I made, I do believe that that could place my objectivity in question. I’ve given that thought.

I believe the proper thing for me to do, would be to recuse myself from any questions involving those kind of investigations that involve Secretary Clinton and that were raised during the campaign or to be otherwise connected to it.

Grassley: OK. I think, that’s—let me emphasize then with a follow-up question. To be very clear, you intend to recuse yourself from both the Clinton email investigation and any matters involving the Clinton Foundation, if there are any?

Sessions: Yes.

This exchange has two implications for how one understands the scope of Sessions’ recusal. First, it goes to defining the scope of the recusal that Sessions made on March 2, 2017. If it is a close call whether the Clinton Foundation matter is sufficiently connected to the Clinton campaign for the purpose of understanding Sessions’ recusal, it should be deemed to be sufficiently connected. After all, that’s essentially what Sessions told Sen. Grassley. Second, if the Clinton Foundation matter is deemed outside the scope of the recusal statement that Sessions made back in March last year, then his decision to fire McCabe shows that he failed to honor the promise for a broader recusal which he clearly made to the Senate in its decision to confirm him as attorney general. The same goes for Hillary Clinton’s emails. Sen. Grassley’s questions and Sessions’ answers specifically covered any matters involving that investigation as well.”

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

Meanwhile, over at Reuters, Karen Freifeld, Sarah N. Lynch, Mark Hosenball have uncovered some evidence that contradicts Gonzo’s “revised account” of his meeting at which George Papadopoulos’s proposed “Russia contacts” were discussed with Trump campaign officials including Gonzo. It now appears that Gonzo’s story that he immediately and strongly denounced them could be a fabrication. Or just another “memory lapse.”

“WASHINGTON (Reuters) – U.S. Attorney General Jeff Sessions’ testimony that he opposed a proposal for President Donald Trump’s 2016 campaign team to meet with Russians has been contradicted by three people who told Reuters they have spoken about the matter to investigators with Special Counsel Robert Mueller or congressional committees.

Sessions testified before Congress in November 2017 that he “pushed back” against the proposal made by former campaign adviser George Papadopoulos at a March 31, 2016 campaign meeting. Then a senator from Alabama, Sessions chaired the meeting as head of the Trump campaign’s foreign policy team.

“Yes, I pushed back,” Sessions told the House Judiciary Committee on Nov. 14, when asked whether he shut down Papadopoulos’ proposed outreach to Russia.

Sessions has since also been interviewed by Mueller.

Three people who attended the March campaign meeting told Reuters they gave their version of events to FBI agents or congressional investigators probing Russian interference in the 2016 election. Although the accounts they provided to Reuters differed in certain respects, all three, who declined to be identified, said Sessions had expressed no objections to Papadopoulos’ idea.

One person said Sessions was courteous to Papadopoulos and said something to the effect of “okay, interesting.”

The other two recalled a similar response.

“It was almost like, ‘Well, thank you and let’s move on to the next person,’” one said.

However, another meeting attendee, J.D. Gordon, who was the Trump campaign’s director of national security, told media outlets including Reuters in November that Sessions strongly opposed Papadopoulos’ proposal and said no one should speak of it again. In response to a request for comment, Gordon said on Saturday that he stood by his statement.

Sessions, through Justice Department spokeswoman Sarah Isgur Flores, declined to comment beyond his prior testimony. The special counsel’s office also declined to comment. Spokeswomen for the Democrats and Republicans on the House Judiciary Committee did not comment.

Reuters was unable to determine whether Mueller is probing discrepancies in accounts of the March 2016 meeting.

The three accounts, which have not been reported, raise new questions about Sessions’ testimony regarding contacts with Russia during the campaign.

Sessions previously failed to disclose to Congress meetings he had with former Russian Ambassador Sergey Kislyak, and testified in October that he was not aware of any campaign representatives communicating with Russians.

U.S. Attorney General Jeff Sessions testifies before a House Judiciary Committee hearing on oversight of the Justice Department on Capitol Hill in Washington, U.S., November 14, 2017. REUTERS/Yuri Gripas

Some Democrats have seized on discrepancies in Sessions’ testimony to suggest the attorney general may have committed perjury. A criminal charge would require showing Sessions intended to deceive. Sessions told the House Judiciary Committee that he had always told the truth and testified to the best of his recollection.

Legal experts expressed mixed views about the significance of the contradictions cited by the three sources.

Sessions could argue he misremembered events or perceived his response in a different way, making any contradictions unintentional, some experts said.

Jonathan Turley, a law professor at George Washington University, said Sessions’ words might be too vague to form the basis of a perjury case because there could be different interpretations of what he meant.

United States Attorney General Jeff Sessions visits families of opioid overdose victims at the U.S. Attorney’s Office for the Eastern District of Kentucky in Lexington, Kentucky, U.S. March 15, 2018. REUTERS/John Sommers II

“If you’re talking about false statements, prosecutors look for something that is concrete and clear,” he said.

Other legal experts said, however, that repeated misstatements by Sessions could enable prosecutors to build a perjury case against him.

“Proving there was intent to lie is a heavy burden for the prosecution. But now you have multiple places where Sessions has arguably made false statements,” said Bennett Gershman, a Pace University law professor.

The March 2016 campaign meeting in Washington was memorialized in a photo Trump posted on Instagram of roughly a dozen men sitting around a table, including Trump, Sessions and Papadopoulos.

Papadopoulos, who pleaded guilty in October to lying to the Federal Bureau of Investigation about his Russia contacts, is now cooperating with Mueller.

According to court documents released after his guilty plea, Papadopoulos said at the campaign meeting that he had connections who could help arrange a meeting between Trump and Russian President Vladimir Putin.

Papadopoulos continued to pursue Russian contacts after the March 2016 meeting and communicated with some campaign officials about his efforts, according to the court documents.

Trump has said that he does not remember much of what happened at the “very unimportant” campaign meeting. Trump has said he did not meet Putin before becoming president.

Moscow has denied meddling in the election and Trump has denied his campaign colluded with Russia.

Reporting by Karen Freifeld, Sarah N. Lynch and Mark Hosenball; Additional reporting by Jonathan Landay in Washington and Jan Wolfe in New York; Editing by Anthony Lin, Noeleen Walder and Jeffrey Benkoe”

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Like Trump, Gonzo is a congenital liar who has been pushing his “White Nationalist alternate world view” for so long that he wouldn’t recognize truth if it hit him in the face. I don’t know if he will ever be held accountable for all of his biased disingenuous deeds. But, at some future point, someone will “unpack” all of Gonzo’s disastrous abuses — immigration, civil rights, criminal justice, prisons — of justice at the Department of Justice and preserve them for history.

CHRIS HAYES @ NYT: “RULE OF LAW” IS A RACIST CODE USED BY TRUMP, SESSIONS, & THE GOP!

https://www.nytimes.com/2018/03/17/opinion/sunday/chris-hayes-trump-law-order.html

Hayes writes:

Donald Trump is not subtle. While normal political language functions through implication and indirection, Mr. Trump luxuriates in saying the quiet part loud. But in doing so, Mr. Trump exposes what drives the politics of the movement he commands. That is most evident in the way he talks about crime and punishment.
No president since Richard Nixon has embraced the weaponized rhetoric of “law and order” as avidly as Mr. Trump. “When I take the oath of office next year, I will restore law and order to our country,” he said during his acceptance speech at the Republican National Convention in 2016. “I will work with, and appoint, the best prosecutors and law enforcement officials in the country to get the job properly done. In this race for the White House, I am the law and order candidate.”
Time and again, the president denounces “illegals” and “criminals” and the “American carnage” they wreak on law-abiding Americans. He even advised an audience of police officers to rough up suspects they were arresting.
Yet this tough-guy stance disappears when the accused are in the president’s inner circle. In defending Rob Porter, the White House senior aide accused of abuse by both of his ex-wives, the president wondered whatever happened to due process while praising a man accused of giving his wife a black eye. (Mr. Porter denies the abuse.)
It’s no surprise that Mr. Trump’s critics pounced. Where was this concern for due process, they asked, when the president and his supporters chanted “Lock her up” about Hillary Clinton, who hadn’t even been formally accused of a crime? Where was his devotion to due process when he called for the Central Park Five to be executed, and then, after their exoneration, still maintained that they were guilty?
As tempting as it is to hammer Mr. Trump for his epic hypocrisy, it is a mistake. The president’s boundless benefit of the doubt for the Rob Porters and Roy Moores of the world, combined with off-with-their-heads capriciousness for immigrants accused of even minor crimes, is not a contradiction. It is the expression of a consistent worldview that he campaigned on and has pursued in office.
In this view, crime is not defined by a specific offense. Crime is defined by who commits it. If a young black man grabs a white woman by the crotch, he’s a thug and deserves to be roughed up by police officers. But if Donald Trump grabs a white woman by the crotch in a nightclub (as he’s accused of doing, and denies), it’s locker-room high jinks.
This view is also expressed by many of the president’s staff members, supporters and prominent allies. During the same week that the White House chief of staff, John Kelly, repeatedly vouched for Rob Porter’s integrity, Mr. Kelly also mused that hundreds of thousands of unauthorized immigrants who did not fill out the paperwork for DACA protections had refused to “get off their asses.”
A political movement that rails against “immigrant crime” while defending alleged abusers and child molesters is one that has stopped pretending to have any universalist aspirations.
This is the opposite of what we like to tell ourselves is the traditional American civic creed: one symbolized by a blindfolded Lady Justice who applies the law without fear or favor to whoever may come before her. It is one of Mr. Trump’s most insidious victories that he has given his supporters permission to drop any pretense of insisting that their actions and views should conform to this principle.
If all that matters when it comes to “law and order” is who is a friend and who is an enemy, and if friends are white and enemies are black or Latino or in the wrong party, then the rhetoric around crime and punishment stops being about justice and is merely about power and corruption.
And this is what “law and order” means: the preservation of a certain social order, not the rule of law. It shouldn’t have taken this long to see what has always been staring us in the face. After all, the last president to focus so intensely on law and order, Richard Nixon, the man who helped usher in mass incarceration, was also the most infamous criminal to occupy the Oval Office. The history of the United States is the story of a struggle between the desire to establish certain universal rights and the countervailing desire to preserve a particular social order.
We are now witnessing a president who wholly embraces the latter. America can have that kind of social order, or it can have justice for all. But it can’t have both.
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Chris Hayes (@chrislhayes) is host of “All In with Chris Hayes” on MSNBC and the author of “A Colony in a Nation.”

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Yup. Probably the most lawless Administration in history, certainly in my lifetime, disingenuously throws around the term “Rule of Law” all the time.

“The president’s moral framework springs from an American tradition of cultivating fear and contempt among its white citizens against immigrants, indigenous people and people of color, who are placed on the other side of “the law.” It’s a practice that has taken on new strength at a time when many white people fear they may be outnumbered, outvoted and out of time.”

But, the good news is that those of us who actually believe in the “REAL Rule of Law” can unite and stand up to Trump, Sessions, Miller and the racist, White Nationalist movement. When we succeed, the “REAL Rule of Law” will actually be available to Trump and his followers on an equal basis with everyone else. And, for many of them, the fair application of the law to everyone in America, as required by the Due Process clause of our Constitution, could be bad news! Let the chips fall where they may.  

PWS

03-19-18