GOP’S WAR ON AMERICA EXPOSED — 23 Million Would Lose Health Coverage To Provide Tax Breaks To Fat Cat Cronies!

https://www.nytimes.com/2017/05/24/us/politics/cbo-congressional-budget-office-health-care.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top-news

Robert Pear reports in the NYT:

“WASHINGTON — A bill to dismantle the Affordable Care Act that narrowly passed the House this month would leave 14 million more people uninsured next year than under President Barack Obama’s health law — and 23 million more in 2026, the Congressional Budget Office said Wednesday. Some of the nation’s sickest would pay much more for health care.

Under the House bill, the number of uninsured would be slightly lower, but deficits would be somewhat higher, than the budget office estimated before Republican leaders made a series of changes to win enough votes for passage. Beneath the headline-grabbing numbers, those legislative tweaks would bring huge changes to the American health care system.

In many states, insurance costs could soar for consumers who are sick or have pre-existing conditions, while premiums would fall for the healthy, the new estimate concludes.

The forecast by the nonpartisan Congressional Budget Office, Capitol Hill’s official scorekeeper, is another potential blow to efforts to undo Mr. Obama’s signature domestic achievement. Republican senators have said they will make substantial changes to the measure passed by the House, but even Senator Mitch McConnell of Kentucky, the majority leader, sounds uncertain about his chances of finding a majority to repeal and replace the health law.”

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Read Robert’s complete article at the link. Decades ago, when we were both young, Robert covered the “immigration beat” for the NYT. In the days before Administrations of both parties went to war with the press, he used to call me on a regular basis to get the “official INS position” on various controversies, particularly those involving legal issues.

PWS

05-24-16

AMERICA’S WORST PUBLIC SERVANT: Read Patrick S. Tomlinson’s NYT Op-Ed: “I’m From Milwaukee And I Oughtta Know, Sheriff David Clarke Has Gotta Go” (Screw Up DHS Like He Did Milwaukee County)!

https://www.nytimes.com/2017/05/23/opinion/take-it-from-milwaukee-beware-of-sheriff-david-clarke.html?em_pos=small&emc=edit_ty_20170524&nl=opinion-today&nl_art=8&nlid=79213886&ref=headline&te=1&_r=0

Tomlinson writes:

“MILWAUKEE — When David A. Clarke Jr., the sheriff of Milwaukee County, announced last week that he’d been appointed to a senior position at the Homeland Security Department, Milwaukee residents like me felt two things: relief that we might finally rid ourselves of his disastrous leadership, and deep concern about what his reported new role will mean for the rest of the country.

Sheriff Clarke (whose appointment the Trump administration has not confirmed) has attracted national attention on several occasions over the past year. In July, he drew scrutiny when, writing for The Hill, he suggested there was a “civil war” between law enforcement officers and members of the Black Lives Matter movement. Last week, CNN reported that he had plagiarized portions of his 2013 master’s thesis from several sources, including the American Civil Liberties Union and President George W. Bush’s book, “Decision Points.” (Sheriff Clarke has denied this accusation, and called the CNN journalist who wrote the report a “sleaze bag.”) And with his image accompanying articles that have circulated online, Sheriff Clarke’s penchant for festooning his uniform with an abundance of pins and ribbons has drawn the ire of veterans and inspired comparisons to the over-adorned uniforms beloved by military dictators.

Locals have been aghast at his conduct for years, and our criticism goes far deeper than his outrageous statements, his bizarre fashion choices and even his academic dishonesty. Residents of this county have witnessed a series of embarrassing incidents and, much worse, human tragedy on Sheriff Clarke’s watch.

Many have seen the 2015 tweet in which he went as far as to say that the Black Lives Matter movement would “join forces with ISIS.” Less well known is the fact that a police union, on behalf of two deputies, successfully sued him in 2007 for religious proselytizing. A district court in Milwaukee found his actions unconstitutional, which a federal appeals panel upheld in 2009. Apparently, Sheriff Clarke thought it was appropriate to force his deputy sheriffs to listen to a Christian-themed presentation, without regard for the separation of church and state.

There’s more. Sheriff Clarke has exhibited petty vindictiveness in response to those who give him even the mildest rebuke. He’s been accused of harassment by Dan Black, a Riverwest resident who said he was detained and questioned by deputies after an interaction with the sheriff on an airplane in January. Mr. Black’s offense? Shaking his head as he walked by Sheriff Clarke, in his first-class seat, wearing Dallas Cowboys gear on the day the team faced Wisconsin’s Green Bay Packers in the playoffs.

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More familiar to the national audience and more disturbing, especially to residents of Milwaukee, one of the most racially segregated cities in the country, is the story of Terrill Thomas, a 38-year-old inmate with bipolar disorder who died in 2016 while awaiting trial in solitary confinement in a jail Sheriff Clarke oversees. Mr. Thomas had gone seven days without water.

But what most Americans outside the Milwaukee metro area may not know is that Mr. Thomas’s death hasn’t been the only suspicious death during Sheriff Clarke’s tenure. Several people have died at a county jail since Sheriff Clarke took office in 2002, including a newborn baby who perished after her mother, Melissa Hall, gave birth on her cell floor. According to a federal lawsuit, Ms. Hall was shackled as she gave birth.

Perhaps the most bizarrely unhinged moment in Sheriff Clarke’s sordid career in Milwaukee came in March when he used a Facebook post to personally attack the city’s mayor, Tom Barrett. After Mr. Barrett criticized Sheriff Clarke for neglecting his duties in favor of Fox News appearances and book promotions, Sheriff Clarke became unhinged. Using the official page of the sheriff’s office, he mocked Mr. Barrett, saying, “The last time Tom Barrett showed up at a crime scene he got his ass kicked by a drunk, tire-iron-wielding man who beat him within inches of his life.” He was referring to a 2009 incident during which Mr. Barrett stepped between a deranged, tire-iron-wielding man threatening a grandmother and a 1-year-old child. Barrett was beaten and hospitalized after the assault, but the woman and child were saved from harm and the man taken into custody.

The timing couldn’t be better for him to step down from his post here. Milwaukee residents are fed up with our homegrown sideshow act. His job approval ratings have tanked in recent months. Were he to run in next year’s sheriff election, he would face an almost insurmountable primary fight for the Democratic spot.

The day we can finally rid ourselves of his malignant, sociopathic leadership can’t come soon enough. “Yippee, giddy up, and leave was my response,” said State Senator Lena Taylor of Sheriff Clarke’s possible appointment. But it’s little comfort because Sheriff Clarke’s power will only expand with his new role, which he has said will begin next month. As Representative Gwen Moore said of the sheriff in Mic, “I can think of few men more uniquely unqualified to liaise with local law enforcement at this juncture.”

The rest of the country should not have to suffer what Milwaukee residents have. David Clarke is not fit for public office. He is incompetent, dishonest, petty, vindictive and cruel. Take it from someone who has had a front-row seat to his antics: Do whatever you can to keep him out of public service, and public life, permanently.

Patrick S. Tomlinson (@stealthygeek) is a novelist, stand-up comic, and political commentator living in Milwaukee, Wis.”

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“Incompetent, dishonest, petty, vindictive, and cruel.” Hmmm, sounds like a perfect fit for the Trump Administration! On the other hand, he was elected to the position three times by the voters of Milwaukee County. So, someone out there must like his style.

PWS

05-24-17

POLITICS: GOP Senate’s “Stealth Plan” To Strip Health Care From Millions While Enriching Fat Cats Exposed!

https://www.nytimes.com/2017/05/23/opinion/health-care-bill-senate.html?emc=edit_ty_20170523&nl=opinion-today&nlid=79213886&te=1&_r=0

David Leonhardt writes in a NY Times op-ed:

“While the rest of the country has been transfixed by Trumpian chaos, members of the Senate have spent the last two weeks talking about taking health insurance from millions of Americans.

There is an alarmingly large chance that they’ll decide to do so. But if they do, they will almost certainly rely on a political sleight of hand to disguise their bill’s damage. Understanding that sleight of hand — and calling attention to it — offers the best hope for defeating the bill.

The effort to take health insurance from the middle class and poor and funnel the savings into tax cuts for the rich is a little like mold. It grows best in the dark.

That’s why Republican leaders in the House handled their bill as they did. They did not hold a single hearing, because they knew that attention would have been devastating.

Just imagine a hearing featuring the leaders of these groups, every one of which opposes the House bill: the American Medical Association, American Nurses Association, American Hospital Association, American Academy of Pediatrics, American Cancer Society, American Heart Association, American Diabetes Association, American Lung Association, March of Dimes and AARP.
The House also passed its final bill without waiting for the Congressional Budget Office to estimate how many Americans would lose insurance. The C.B.O. will release that analysis tomorrow afternoon. There is no precedent, outside of wartime, for passing a bill this important in such haste.

After the House did, many observers assumed the bill was too flawed to have much chance in the Senate. Republican senators, aware of the bill’s unpopularity, were careful to say publicly that they would start fresh. But the early signs suggest that Mitch McConnell and his Republican caucus are actually mimicking the House approach.

Think of it as the Upton strategy, and I’ll explain the name in a minute.”

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Yet, the voters keep putting these guys in office. Unless you are part of the tiny percentage of over-privileged, rich elite in America, you’re voting against not only our country’s best interests, but your own!

Amazingly, however, the Democrats have failed to come up with an effective strategy to capitalize on this. And, to date, I’m not sure I’ve heard any compelling arguments as to how and why Democrats will do better in the next election.

Yeah, Trump and his cohorts have problems galore. But, highlighting/relying on that was Hillary’s primary strategy in 2016. And, it failed! Big time! What positive plan do Democrats have for making America better for everyone (including most Trump supporters)?

PWS

05-23-17

 

POLITICS: TRUMP BUDGET: Help The Rich, Stone The Poor!

The NY Times reports:
“WASHINGTON — President Trump plans to unveil on Tuesday a $4.1 trillion budget for 2018 that would cut deeply into programs for the poor, from health care and food stamps to student loans and disability payments, laying out an austere vision for reordering the nation’s priorities.

The document, grandly titled “A New Foundation for American Greatness,” encapsulates much of the “America first” message that powered Mr. Trump’s campaign. It calls for an increase in military spending of 10 percent and spending more than $2.6 billion for border security — including $1.6 billion to begin work on a wall on the border with Mexico — as well as huge tax reductions and an improbable promise of 3 percent economic growth.

The wildly optimistic projections balance Mr. Trump’s budget, at least on paper, even though the proposal makes no changes to Social Security’s retirement program or Medicare, the two largest drivers of the nation’s debt.

To compensate, the package contains deep cuts in entitlement programs that would hit hardest many of the economically strained voters who propelled the president into office. Over the next decade, it calls for slashing more than $800 billion from Medicaid, the federal health program for the poor, while slicing $192 billion from nutritional assistance and $272 billion over all from welfare programs. And domestic programs outside of military and homeland security whose budgets are determined annually by Congress would also take a hit, their funding falling by $57 billion, or 10.6 percent.

The plan would cut by more than $72 billion the disability benefits upon which millions of Americans rely. It would eliminate loan programs that subsidize college education for the poor and those who take jobs in government or nonprofit organizations.

Mr. Trump’s advisers portrayed the steep reductions as necessary to balance the nation’s budget while sparing taxpayers from shouldering the burden of programs that do not work well.

“This is, I think, the first time in a long time that an administration has written a budget through the eyes of the people who are actually paying the taxes,” said Mick Mulvaney, Mr. Trump’s budget director.
Document: Read Trump’s 2018 Budget
“We’re not going to measure our success by how much money we spend, but by how many people we actually help,” Mr. Mulvaney said as he outlined the proposal at the White House on Monday before its formal presentation on Tuesday to Congress.

Among its innovations: Mr. Trump proposes saving $40 billion over a decade by barring undocumented immigrants from collecting the child and dependent care tax credit. He has also requested $19 billion over 10 years for a new program, spearheaded by his daughter and senior adviser Ivanka Trump, to provide six weeks of paid leave to new parents. The budget also includes a broad prohibition against money for entities that provide abortions, including Planned Parenthood, blocking them from receiving any federal health funding.”

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PWS

05-23-17

ROGUE! — Will Push To Hire More DHS Agents Weaken National Security With More “Bad Apples?” — “Haste Makes Waste” Governing Has Real Life Consequences!

https://www.nytimes.com/2017/05/20/us/politics/border-patrol-immigration-trump.html?hpw&rref=politics&action=click&pgtype=Homepage&module=well-region®ion=bottom-well&WT.nav=bottom-well

Ron Nixon reports in the NYT:
“BROWNSVILLE, Tex. — Joel Luna was just the kind of job candidate the Border Patrol covets. He grew up on both sides of the border, in Mexico and South Texas. He participated in the Reserve Officers Training Corps in high school and later served in the Army, seeing combat in Iraq.

Mr. Luna joined the agency as part of a hiring surge that began under the George W. Bush administration, patrolling a rural area about 100 miles north of Mexico. But six years later, his decorated career came to a shocking end: He was arrested and charged with helping to send illegal weapons to Mexico and ship drugs into the United States. He was convicted in January and sentenced to 20 years in prison.

Now, as President Trump plans a similar hiring surge at the Border Patrol, Mr. Luna’s case is casting a large shadow. The president wants to make 5,000 new hires, under a streamlined process that critics fear could open a door to other rogue agents like Mr. Luna.

Agency officials, some members of Congress and the Border Patrol union say the current process has made it too hard to hire agents. It typically takes more than a year to vet candidates and get them on the job.

At the center of this notoriously slow and stringent process — which Customs and Border Protection, the patrol’s parent agency, put in place after a number of corruption cases — is a mandatory polygraph test. Officials are considering changing the test, and in some cases the agency would simply waive it.

“C.B.P. has a big problem in not being able to hire agents because of the polygraph test,” said Senator Jeff Flake, Republican of Arizona, who has sponsored the legislation to make hiring agents easier and faster. “I’m not saying that we should get rid of the polygraph, but we want to make sure the process isn’t an overall detriment to good candidates.”

Three weeks ago, the agency began using a different lie detector test that takes less time than the current one and asks fewer questions. And legislation moving through Congress would grant the agency the authority to waive the polygraph for some former law enforcement officers and military veterans.
Top officials said the changes would allow the agency, which is losing agents faster than it can replace them, to compete for qualified candidates with other law enforcement agencies more effectively without sacrificing standards. Applicants would still undergo a background check in addition to the shorter polygraph test, officials said.

“No one wants corrupt agents inside the Border Patrol,” said Jayson Ahern, a former acting commissioner of Customs and Border Protection. “What C.B.P. is proposing is a sensible way to weed out corruption but speed up the hiring.”

But some current and former Department of Homeland Security officials said the proposed changes could expose the agency to corrupt individuals who could use their position to help drug cartels or human smugglers. Border Patrol agents work largely by themselves in isolated areas and are routinely targeted by criminal organizations.”

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How many times have we seen this pattern: scandal, followed by reform? Time goes by, and we forget the scandal.  But, “best practices” can be burdensome. So someone proposes a “streamlined” process which recreates the conditions for scandal. And the cycle begins again.

Ironically, the risk to American security from corrupt DHS agents probably exceeds the risk from the undocumented entries that additional hastily hired agents are supposed to be preventing. The border today is probably under better control than at any other point in my lifetime. But, corrupt border agents can be co-opted by terrorists, narco traffickers, and human smugglers, all of whom “pay” much better than the USG. So, taking time to make sure the folks we’re hiring for these key jobs have the “right stuff” makes sense to me. Also, how about raising their pay to reflect their important, challenging (and dangerous) mission and to reduce turnover?

PWS

05-21-17

DANGEROUS MISSION: 2 UN Investigators Killed In DRC!

https://www.nytimes.com/2017/05/20/world/africa/congo-zaida-catalan-michael-j-sharp-united-nations-democratic-republic-of-congo.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region®ion=top-news&WT.nav=top-news

The NY Times reports:

“Zaida Catalán was on to something, and it was making her jumpy.

“Exciting development,” she scribbled in her diary in late January. “I can maybe nail this bastard. Damn!”

Weeks later, Ms. Catalán, a United Nations investigator with little training and no safety equipment or even health insurance, headed into a remote area teeming with militia fighters to find the culprits behind a massacre in the Democratic Republic of Congo.

A grainy cellphone video shows what happened next: A cluster of men with rifles and red bandannas lead Ms. Catalán, a 36-year-old Swedish-Chilean, into a grove with her American colleague, Michael J. Sharp, 34. The two investigators are barefoot.

Mr. Sharp starts arguing. He and Ms. Catalán are forced onto the ground. Suddenly, shots are fired, hitting Mr. Sharp first. Ms. Catalán screams and tries to run for cover. She is shot twice.

Their bodies were discovered weeks later in a shallow grave, laid out carefully, side by side, in opposite directions. Ms. Catalán had been decapitated. Her head had been taken.

Their deaths raise tough questions about the United Nations and its work in the most dangerous places in the world. Almost two months passed before the United Nations even assembled a panel to look into what went wrong. The United Nations Security Council could go further and order a more formal investigation, but more than two months after the murders, it has taken no steps in that direction.

Instead, it has left the investigation to Congo, a nation where violence, corruption and impunity are so widespread that the United Nations has had to spend billions of dollars over the years in a failed effort to bring peace and stability. Indeed, a big focus of Ms. Catalán and her colleagues was whether the Congolese government played a role in the massacre and broader chaos she was investigating.

“The U.N. needs to take ownership,” said Akshaya Kumar, a deputy director at Human Rights Watch. She added that the Congolese authorities, who are implicated in the region’s conflict, were in no position to carry out a credible investigation.

The killings have also stirred a sharp debate over the United Nations’ responsibility to prepare and protect the people it hires to investigate wrongdoing around the world. Ms. Catalán and Mr. Sharp belonged to a panel of six experts authorized by the Security Council to investigate rapes, massacres and the exploitation of Congo’s vast natural resources.”

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Sometimes we forget or minimize the great dangers faced by those fighting for human rights throughout the world.

Probably the most vivid personal example in my career was the untimely death of noted human rights activist and attorney Arthur Helton in Iraq.  During my “Legacy INS” career I opposed, and probably helped depose, Arthur in a number of vigorously litigated Federal Court cases. But, I always considered Arthur a gentleman, a scholar, a person of great principle and integrity, and a most worthy opponent. His death was indeed a shock. In 2004, the American Society of International Law established the Arthur Helton Fellowship in his memory.

 

NYT: DAVID BROOKS: Our Infant Prez! — “What if there is no there there?”

https://www.nytimes.com/2017/05/15/opinion/trump-classified-data.html?em_pos=small&emc=edit_ty_20170516&nl=opinion-today&nl_art=0&nlid=79213886&ref=headline&te=1&_r=0

Brooks writes in this NY Times op-ed:

“At certain times Donald Trump has seemed like a budding authoritarian, a corrupt Nixon, a rabble-rousing populist or a big business corporatist.

But as Trump has settled into his White House role, he has given a series of long interviews, and when you study the transcripts it becomes clear that fundamentally he is none of these things.

At base, Trump is an infantalist. There are three tasks that most mature adults have sort of figured out by the time they hit 25. Trump has mastered none of them. Immaturity is becoming the dominant note of his presidency, lack of self-control his leitmotif.

First, most adults have learned to sit still. But mentally, Trump is still a 7-year-old boy who is bouncing around the classroom. Trump’s answers in these interviews are not very long — 200 words at the high end — but he will typically flit through four or five topics before ending up with how unfair the press is to him.

. . . .

Second, most people of drinking age have achieved some accurate sense of themselves, some internal criteria to measure their own merits and demerits. But Trump seems to need perpetual outside approval to stabilize his sense of self, so he is perpetually desperate for approval, telling heroic fabulist tales about himself.

“In a short period of time I understood everything there was to know about health care,” he told Time. “A lot of the people have said that, some people said it was the single best speech ever made in that chamber,” he told The Associated Press, referring to his joint session speech.

. . . .

Third, by adulthood most people can perceive how others are thinking. For example, they learn subtle arts such as false modesty so they won’t be perceived as obnoxious.

But Trump seems to have not yet developed a theory of mind. Other people are black boxes that supply either affirmation or disapproval. As a result, he is weirdly transparent. He wants people to love him, so he is constantly telling interviewers that he is widely loved. In Trump’s telling, every meeting was scheduled for 15 minutes but his guests stayed two hours because they liked him so much.

. . . .

We’ve got this perverse situation in which the vast analytic powers of the entire world are being spent trying to understand a guy whose thoughts are often just six fireflies beeping randomly in a jar.

“We badly want to understand Trump, to grasp him,” David Roberts writes in Vox. “It might give us some sense of control, or at least an ability to predict what he will do next. But what if there’s nothing to understand? —

And out of that void comes a carelessness that quite possibly betrayed an intelligence source, and endangered a country.”

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Read Brooks’s entire article at the link.

My wife Cathy, a retired preschool teacher, has been saying for some time now that Trump’s behavior reminds her of the four-year-olds that she used to deal with on a daily basis. I guess Brooks has the same impression.

PWS

05-16-17

DACA Status Revoked — Woman Faces Removal!

https://www.nytimes.com/2017/05/10/us/immigrant-daca-deportation.html?_r=0

Miriam Jordan reports in the NYT:

“Jessica Colotl embodied the debate over illegal immigration when she was locked up for 37 days and nearly sent back to Mexico after an Atlanta-area police officer caught her driving without a license in 2010.

To supporters, including her sorority sisters, the president of her college and the immigrant advocates who publicized her case, hers was an example of police overreach and the need to safeguard ambitious young students from deportation. To others, she was an illegal immigrant, plain and simple, who also was abusing the system by attending a public college at discounted tuition.

She returned to college — paying full price, because of a new Georgia law inspired by her case — completed her degree and qualified for a program started by President Barack Obama in 2012, known as Deferred Action for Childhood Arrivals, or DACA, which protects some undocumented youth from deportation.

“Since then, I have been working and doing well for myself,” Ms. Colotl, now 28, said in an interview this week. “I thought that all the legal battles were behind me.”

That was until Ms. Colotl, who was brought to the United States by her parents as a child, learned Monday that her DACA status had been revoked, thrusting her into the national immigration debate anew.

With a new president in the White House, she is once again facing deportation.

Dustin Baxter, Ms. Colotl’s lawyer, on Tuesday requested that a federal judge in Atlanta intervene and reinstate her DACA protection.

“We are taking an innocent girl who has done nothing but contribute to the society she has been a part of since she was 11 and making her a villain and poster child for Trump’s deportation policies,” Mr. Baxter said in an interview.

About 750,000 immigrants have benefited from DACA, and even as he has promised to crack down on illegal immigration, President Trump has said repeatedly that he will not target DACA recipients, also known as Dreamers.”

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Read the full story at the link.

The question is whether this is just a random action by DHS or does it represent a systematic program to essentially “re-adjudicate” all DACA approvals of individuals who had any arrests or other involvement with the criminal justice system?

PWS

05-13-17

NY TIMES EDITORIAL: “Open Letter” To DAG Rosenstein

https://mobile.nytimes.com/2017/05/11/opinion/deputy-attorney-general-open-letter.html?mwrsm=Facebook&referer=http://m.facebook.com

“An Open Letter to the Deputy Attorney General
Rod Rosenstein has more authority than anyone else to restore Americans’ confidence in their government.

By THE EDITORIAL BOARD
MAY 11, 2017
Dear Deputy Attorney General Rod Rosenstein:

It’s rare that any single person has to bear as much responsibility for safeguarding American democracy as you find yourself carrying now. Even before President Trump’s shocking decision on Tuesday to fire the F.B.I. director, James Comey, a dark cloud of suspicion surrounded this president, and the very integrity of the electoral process that put him in office. At this fraught moment you find yourself, improbably, to be the person with the most authority to dispel that cloud and restore Americans’ confidence in their government. We sympathize; that’s a lot of pressure.

Given the sterling reputation you brought into this post — including a 27-year career in the Justice Department under five administrations, and the distinction of being the longest-serving United States attorney in history — you no doubt feel a particular anguish, and obligation to act. As the author of the memo that the president cited in firing Mr. Comey, you are now deeply implicated in that decision.

It was a solid brief; Mr. Comey’s misjudgments in his handling of the F.B.I. investigation of Hillary Clinton’s private email server were indeed serious. Yet you must know that these fair criticisms were mere pretext for Mr. Trump, who dumped Mr. Comey just as he was seeking more resources to investigate ties between the Trump campaign and the Russian government.

You must also know that in ordering you to write the memo, Mr. Trump exploited the integrity you have earned over nearly three decades in public service, spending down your credibility as selfishly as he has spent other people’s money throughout his business career. We can only hope that your lack of an explicit recommendation to fire Mr. Comey reflects your own refusal to go as far as the president wanted you to.
In any case, the memo is yours, and that has compromised your ability to oversee any investigations into Russian meddling. But after Attorney General Jeff Sessions recused himself from these matters, because of his own contacts during the campaign with the Russians, the power to launch a truly credible investigation has fallen to you, and you alone.
You have one choice: Appoint a special counsel who is independent of both the department and the White House. No one else would have the standing to assure the public it is getting the truth. While a handful of Republican senators and representatives expressed concern at Mr. Comey’s firing, there is as yet no sign that the congressional investigations into Russian interference will be properly staffed or competently run. And Americans can have little faith that the Justice Department, or an F.B.I. run by Mr. Trump’s handpicked replacement, will get to the bottom of whether and how Russia helped steal the presidency for Mr. Trump.

In theory, no one should have a greater interest in a credible investigation than the president, who has repeatedly insisted the suspicions about his campaign are baseless. Yet rather than try to douse suspicions, he has shown he is more than willing to inflame them by impeding efforts to get to the truth.

Given your own reputation for probity, you must be troubled as well by the broader pattern of this president’s behavior, including his contempt for ethical standards of past presidents. He has mixed his business interests with his public responsibilities. He has boasted that conflict-of-interest laws do not apply to him as president. And from the moment he took office, Mr. Trump has shown a despot’s willingness to invent his own version of the truth and to weaponize the federal government to confirm that version, to serve his ego and to pursue vendettas large and small.

When Mrs. Clinton won the popular vote by nearly three million votes, for instance, he created a Voter Fraud Task Force to back up his claim that the margin resulted from noncitizens voting illegally (the task force has done nothing to date). When there was no evidence for his claim that President Barack Obama had wiretapped Trump Tower, Mr. Trump demanded that members of Congress put their work aside in order to dig up “facts” to support it.

Firing Mr. Comey — who, in addition to leading the Russia investigation, infuriated Mr. Trump by refusing to give any credence to his wiretapping accusation — is only the latest and most stunning example. The White House can’t even get its own story straight about why Mr. Trump took this extraordinary step.

Few public servants have found themselves with a choice as weighty as yours, between following their conscience and obeying a leader trying to evade scrutiny — Elliot Richardson and William Ruckelshaus, who behaved nobly in Watergate, come to mind. You can add your name to this short, heroic list. Yes, it might cost you your job. But it would save your honor, and so much more besides.

Follow The New York Times Opinion section on Facebook and Twitter (@NYTopinion), and sign up for the Opinion Today newsletter.”

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I don’t neseccarily agree that the “Rosenstein memo”  was a “solid brief.” To me, it looked like a “cut and paste” effort consisting largely of old news clips that reminded me of a “C+” high school project. There is actually an Inspector General investigation of the Clinton matter pending at th DOJ, but the supposedly “apolitical professional prosecutor” Rosenstein didn’t even think it appropriate to wait for the results before rushing to judgement.

Perhaps the truest test of the bankruptcy of Rosenstein’s letter was the outraged reaction of my former Jones Day Partner, former Deputy Attorney General Don Ayer, a “man of integrity” to be sure. Here is what Ayer and former AG Alberto Gonzales had to say:

“Columbus and others noted that Rosenstein said in his memo that he agreed with former Justice Department officials who had criticized Comey. However, while all of those former officials were critical of Comey’s actions in the investigation of Hillary Clinton’s emails, none recommended that he be fired. Moreover, at least two of those former officials, Donald Ayer and Alberto Gonzales, criticized Trump’s decision to fire Comey. Ayer said the firing was a “sham,” and Gonzales said the president failed to make the case for it, leaving people to “assume the worst.”

Here’s a link to the complete article from the Washington Post quoting Ayer and Gonzales.

https://www.washingtonpost.com/politics/some-are-puzzled-by-deputy-ags-central-role-in-the-drama-of-trump-and-comey/2017/05/10/e6f61c42-35be-11e7-b412-62beef8121f7_story.html?utm_term=.574669e2a509

PWS

05-11-17

 

Hunting Albinos In Africa!

https://www.nytimes.com/interactive/2017/05/05/sunday-review/albinos-in-mozambique.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=photo-spot-region®ion=top-news&WT.nav=top-news

Daniel Rodrigues reports in the NYT Sunday Review:

“MAPUTO, Mozambique — One day in October 2015, Electerio João’s brother-in-law called him up and asked him to come “work and earn money.” Mr. João, who was 22 at the time, welcomed the opportunity. He was living with his mother in a small mud-brick house in the village of Namina in northern Mozambique. He needed the cash.

But he quickly realized that he was going to be the source of cash, not labor. His brother-in-law, working with three of his friends, tied up Mr. João with a rope and took him to the side of a main road, where they planned to sell him for his body parts.

Electerio João in Namina, Mozambique.

Mr. João has albinism. Superstition in Mozambique and nearby countries like Malawi and Tanzania holds that if you have a piece of albinism on you — in the form of a bone or piece of skin — you’ll have luck and money. In Mozambique a person with albinism can be worth $4,000 to $75,000.

Since the end of 2014, dozens of albinos in Mozambique have been kidnapped or murdered, often by family members. In Malawi, 20 albinos have been killed in the same period and hundreds more attacked. In both countries, albinos’ graves have been desecrated, with corpses dug up for talismans. Those who aren’t abducted or killed face discrimination and live in fear.”

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Read this entire report with more pictures at the link.

U.S. Immigration Judges in Arlington granted protection in a number of these cases. It’s the classic example of a “particular social group” under refugee law.

PWS

05-07-17

 

WANTED: MORE IMMIGRANTS TO MAKE AMERICA GREAT! — Trump Administration’s “White Nationalism” Likely Road To National Disaster!

https://www.nytimes.com/2017/05/06/opinion/sunday/to-be-great-again-america-needs-immigrants.html?action=click&pgtype=Homepage&clickSource=story-heading&module=opinion-c-col-right-region®ion=opinion-c-col-right-region&WT.nav=opinion-c-col-right-region&_r=0

Rushir Sharma writes in the NY Times Sunday Review:

“In short, the standard innovation theory of American exceptionalism is all about qualities that make each worker more productive. Today, nearly all the economic discussion about how to make America great again focuses on ways — like cutting red tape and taxes — to revive flagging productivity growth.

Though this discussion remains critically important, it plays down a big shift in the story. The underlying growth potential of any economy is shaped not only by productivity, or output per worker, but also by the number of workers entering the labor force. The growth of the labor force is in turn determined mainly by the number of native-born and immigrant working-age people. Over the last two decades, the United States’ advantage in productivity growth has narrowed sharply, while its population advantages, compared with both Europe and Japan, have essentially held steady.

What makes America great is, therefore, less about productivity than about population, less about Google and Stanford than about babies and immigrants.

The growing importance of the population race will be very hard for any political leader to fully digest. Every nation prefers to think of itself as productive in the sense of hard-working and smart, not just fertile. But population is where the real action is.

Comparing six of the leading developed countries — the United States, Germany, Japan, Canada, Australia and Britain — I found that not only has productivity growth been slowing across the board in recent decades, but also that the gaps in productivity growth among these rich nations are narrowing sharply. For example, in the 1990s and 2000s, productivity was growing much faster in the United States than in Germany or Japan, but that advantage has largely disappeared in this decade.

The reasons for this convergence are complex, possibly having to do with the way production technology now spreads quickly across borders. But this trend spans the developed world, and it basically holds regardless of which two countries you compare, which should raise doubts about how any one country, including the United States, can regain a distinct economic advantage by focusing only on reviving productivity.

Which brings us back to babies and immigrants. Like productivity, population growth has been slowing worldwide in recent decades, the big difference being that the gaps among the rich nations are increasingly significant. In the 1960s the United States population growth rate averaged 1.2 percent, or 50 percent higher than Europe’s and about the same as Japan’s. By the late 1960s, population growth peaked worldwide because of the spread of birth control and other cultural shifts, but it has slowed much more gradually in the United States than in its rivals.

Since 2005, per capita gross domestic product has grown on average by 0.6 percent a year in the United States, exactly the same rate as in Japan and virtually the same rate as in the 19 nations of the eurozone. In other words, if it weren’t for the boost from babies and immigrants, the United States economy would look much like those supposed laggards, Europe and Japan.

Indeed, if the United States population had been growing as slowly as Japan’s over the last two decades, its share of the global economy would be just 15 percent, not the 25 percent it holds today.

Moreover, immigrants make a surprisingly big contribution to population growth. In the United States, immigrants have accounted for a third to nearly a half of population growth for decades. In other countries with Anglo-Saxon roots — Canada, Australia and Britain — immigrants have accounted for more than half of population growth over the past decade. Those economies have also been growing faster than their counterparts in the rest of Europe or Japan. But much of that advantage would have disappeared without their population advantage.

Politically, the irony of this moment is stark. Population growth is increasingly important as an economic force and is increasingly driven by immigration. Yet now along comes a new breed of nationalists, rising on the strength of their promises to limit immigration. And they have been especially successful in countries where anti-immigrant sentiment has run strong, including the United States and Britain.

. . . .

It would be unrealistic to imagine that hard economic logic will turn the anti-global, anti-foreign tide any time soon. So the likely result is that the United States and Britain will go ahead and limit immigration. To the extent they do — and their rivals do not — they will undermine their key economic edge, and cede much of the growth advantage they have enjoyed over Europe and Japan.”

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The “other people’s babies” crowd is driven by xenophobia and racism, not by any real desire for a great future for all Americans.

Meanwhile, tone-deaf Republicans, including Jeff Sessions, are calling for limits on legal immigration, without any credible factual or statistical basis to support their restrictionist agenda. Same goes for those who would limit family-based immigration in favor of some type of “point system” favoring highly skilled migrants.

The U.S. needs (and uses) migrant labor in all parts of the economy. If anything, migration, both legal and undocumented, at the “worker bee level” — farmworkers, construction  workers, food processors, child care workers, hospitality industry workers, janitors, and other service occupations — has been just as important to our growth and prosperity as a nation as have been scientists, researchers, professors, executives, star athletes, entertainers, and capitalists.

We need a comprehensive immigration reform package that not only legalizes those law-abiding immigrants already in  the workforce, but provides opportunities for significantly expanded legal immigration. Not only would this more realistic approach address our economic needs, but it also would be a better way to solve immigration enforcement issues than money spent on walls, detention, and more enforcement bureaucracy.

As the system more reasonably matches supply and demand, the pressure for migration outside the system decreases and the incentive for “getting in line” increases. Just good old capitalist theory applied to the oldest human phenomenon: migration.

PWS

05-07-17

How The Trump Administration Deliberately Uses The Term “Criminal” To Dehumanize Migrants!

https://www.nytimes.com/2017/05/01/opinion/who-is-a-criminal.html?em_pos=small&emc=edit_ty_20170501&nl=opinion-today&nl_art=6&nlid=79213886&ref=headline&te=1&_r=0

From Jason Stanley’s op-ed in the NY Times:

“In the United States, Donald Trump rode to victory with a call to expel “criminal aliens.” In his announcement of his run for office, he spoke of Mexican immigrants as “rapists.” Since he has taken office, he has harshly targeted immigrants in the United States; at his rally on Saturday in Harrisburg, Pa., he compared immigrants — as he did last year — to poisonous snakes, to great applause. It is worth noting that this tactic of dehumanization — referring to humans as animals — has historically been used to foment hatred and violence against chosen groups. In the lead up to the Rwandan genocide, for instance, Tutsis were regularly described as snakes.

Photo

The author’s grandmother, right, at age 10.

While President Barack Obama set deportation priorities by making a distinction between undocumented immigrants with serious criminal convictions and everyone else, Trump’s executive orders vastly expand the criminal category — so much so that it essentially criminalizes anyone in the country who is without status and makes the roughly 11 million undocumented immigrants in the United States a top priority for deportation. Between January and March of this year, Immigration and Customs Enforcement arrested 21,362 immigrants, a 32.6 percent increase from the same period last year. Of those arrested, 5,441 of them had no history of violating a law.

The administration’s hard line on the standard for criminalization has gone so far as to alarm several members of the Supreme Court, as demonstrated during an argument before the Court last week (Maslenjak v. United States), in which a Justice Department lawyer argued that, as The Times reported, “the government may revoke the citizenship of Americans who made even trivial misstatements in their naturalization proceedings,” including not disclosing a criminal offense of any kind, even if there was no arrest. To test the severity of that position, Chief Justice John G. Roberts, Jr., confessed to a crime — driving 60 miles an hour in a 55-mile-an-hour zone many years ago without being caught. He then asked if a person who had not disclosed such an incident in his citizenship application could have his citizenship revoked. The lawyer answered, yes. There was “indignation and incredulity” expressed by the members of the Court. Justice Anthony M. Kennedy told the lawyer, “Your argument is demeaning the priceless value of citizenship.” Roberts put it simply. If the administration has its way, he said, “the government will have the opportunity to denaturalize anyone they want.”

EXILE FROM ONE’S HOME is historically considered one of the worst punishments the state could employ; it was, after all, one of the traditional Greek and Roman punishments for murder, their alternative to the death penalty. In the opening pages of her book, my grandmother speaks to its harshness, as well as to the complex relationship between expulsion and death:

“With millions of others, I was singled out to live two lives. One day, which seemed to be like any ordinary day, I was told: ‘“Stop just where you are. This life of yours is finished. Fulfilled or not — it stops right now. You are not going to die — go and begin another.’ ”

She continues:

“My roots were stuck deeply in their native German soil. Perhaps a part broke and remained there, for how am I to explain that my heart at times seems to be drawn by a force thousands of miles away?” The pain of being torn from her roots, she wrote, stayed with her throughout her life “as the stump of an amputated leg causes a man to say, ‘My foot hurts’; and yet he knows there is no foot to hurt.”

The president and his administration regularly stoke fear of immigrants by connecting them to criminality. Again and again, we are presented with the specter of “criminal aliens” — and not just in remarks but also in official documents, like the announcement of a new office in the Department of Homeland Security devoted to helping “victims of crimes committed by criminal aliens.”

The word “criminal” has a literal meaning, of course, but it also has a resonant meaning — people who by their nature are insensitive to society’s norms, drawn to violate the law by self-interest or malice. We do not generally use the term to describe those who may have inadvertently broken a law or who may have been compelled to violate a law in a desperate circumstance. Someone who runs to catch a bus is not necessarily a runner; someone who commits a crime is not necessarily a criminal.

Politicians who describe people as “criminals” are imputing to them permanent character traits that are frightening to most people, while simultaneously positioning themselves as our protectors. Such language undermines the democratic process of reasonable decision-making, replacing it with fear. Discussion that uses terms like “criminal” to encompass both those who commit multiple homicides for pleasure and those who commit traffic violations distorts attitudes and debates.

Deliberately obscuring the crucial distinction between someone who violates a law and someone whose character leads them to repeatedly commit serious crimes is an effective strategy for masking gross injustice. Our current administration is vigorously employing that strategy, and history suggests that it is rarely constrained to just one group. If we look away when the state brands someone a criminal, who among us then remains safe?

THE HILL: Nolan Rappaport Says NY Times “Sugar Coats” Horrors Of FGM!

http://thehill.com/blogs/pundits-blog/immigration/330660-politically-correct-ny-times-hides-horror-of-female-genital

Nolan writes:

“The New York Times does not use the term “Female Genital Mutilation” (FGM) in its article about a Michigan doctor who is being prosecuted for allegedly performing that procedure on two seven-year-old girls.  The Times calls the offense, “genital cutting,” despite the fact that the prosecution is based on a federal criminal provision entitled, “Female genital mutilation.”

If convicted, the doctor can be sentenced to incarceration for up to five years.

According to Celia Dugger, the Times’ Health and Science editor, “genital cutting” is a “less culturally loaded” term than “FGM.”  It will not widen the “chasm” between “advocates who campaign against the practice and the people who follow the rite.”

For reasons that are inexplicable to me, Dugger seems to think that there can be a legitimate difference of opinion on whether it is right to mutilate the genitals of a seven-year-old girl.

Also, her euphemism, “genital cutting,” makes FGM sound less horrific, which is a disservice to the victims and to the people who are trying to stop the practice.

Political correctness serves a valid purpose when it prevents a person from unnecessarily or unintentionally offending others, but I do not understand why we should be sensitive to the feelings of people who subject seven-year-old girls to genital mutilation.”

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Go on over to The Hill to read Nolan’s complete article at the above link.

For those who want to read (or re-read) my majority opinion in Matter of Kasinga, 21 I&N Dec. 357 (BIA 1996)  finding for the first time that FGM is persecution, here is the link: https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3278.pdf.

PWS

04-26-17

“GONZO-APOCALYPTO:” The Ominous Cloud Hanging Over American Justice — In Good Friday Editorials, Both NYT & WashPost Blast Sessions’s Dark, Distorted, “Gonzo-Apocalypto” Vision Of America!

First, the Washington Post ripped Sessions’s “embarrassing” withdrawal of support from African Americans and other minorities challenging the State of Texas’s scheme to disenfranchise them. A Federal Judge has twice found in favor of the plaintiffs — once with the DOJ’s support and once without!

“BLASTING “A PATTERN of conduct unexplainable on nonracial grounds, to suppress minority voting,” U.S. District Court Judge Nelva Gonzales Ramos on Monday repudiated Texas’s voter-ID law, the strictest in the country. Asked by appeals court judges to reconsider her expansive 2014 ruling against the law using slightly different evidence, Ms. Ramos reaffirmed her previous determination that “the law places a substantial burden on the right to vote, which is hardly offset by Texas’s claimed benefits to voting integrity.” She found that racial discrimination was at least a partial motivation for the law, a step toward reestablishing federal supervision over Texas’s voting procedures, per the Voting Rights Act.

Given the ruling and the mountain of evidence, it is embarrassing that the Trump Justice Department dropped its support for the contention that the Texas voter law is purposely discriminatory.

The legal question is not close. “There has been a clear and disturbing pattern of discrimination in the name of combating voter fraud,” Ms. Ramos wrote in 2014. The only type of fraud the law could combat — voter impersonation — hardly ever happens. Meanwhile, the law’s backers knew it would disproportionately impact minority voters; in fact, they designed it so. “The Texas Legislature accepted amendments that would broaden Anglo voting and rejected amendments that would broaden minority voting,” Ms. Ramos found in her 2014 examination. Texas accepts relatively few forms of identification at the polls, and those it does accept, such as gun licenses, are those white Texans tend to hold. Unlike many voter-ID states, Texas does not relax ID rules much for the elderly or the indigent, though obtaining an accepted ID can be surprisingly time-consuming and expensive.”

Read the complete editorial here: https://www.washingtonpost.com/opinions/its-time-for-the-justice-department-to-disown-texass-discriminatory-voting-law/2017/04/13/ee63a0e0-1ef7-11e7-ad74-3a742a6e93a7_story.html

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Meanwhile, A NY Times editorial slammed Session’s disingenuous plan to make immigrants the “#1 target” of law enforcement in the “Trump era.” The emphasis is mine.

Here’s the full editorial:

Attorney General Jeff Sessions went to the border in Arizona on Tuesday and declared it a hellscape, a “ground zero” of death and violence where Americans must “take our stand” against a tide of evil flooding up from Mexico.

It was familiar Sessions-speak, about drug cartels and “transnational gangs” poisoning and raping and chopping off heads, things he said for years on the Senate floor as the gentleman from Alabama. But with a big difference:  Now he controls the machinery of federal law enforcement, and his gonzo-apocalypto vision of immigration suddenly has force and weight behind it, from the officers and prosecutors and judges who answer to him.

When Mr. Sessions got to the part about the “criminal aliens and the coyotes and the document forgers” overthrowing our immigration system, the American flag behind him had clearly heard enough — it leaned back and fell over as if in a stupor. An agent rushed to rescue it, and stood there for the rest of the speech: a human flag stand and metaphor. A guy with a uniform and gun, wrapped in Old Glory, helping to give the Trump administration’s nativist policies a patriotic sheen.

It was in the details of Mr. Sessions’s oratory that his game was exposed. He talked of cities and suburbs as immigrant-afflicted “war zones,” but the crackdown he seeks focuses overwhelmingly on nonviolent offenses, the document fraud and unauthorized entry and other misdeeds that implicate many people who fit no sane definition of brutal criminal or threat to the homeland.

The problem with Mr. Sessions’s turbocharging of the Justice Department’s efforts against what he paints as machete-wielding “depravity” is how grossly it distorts the bigger picture. It reflects his long fixation — shared by his boss, President Trump — on immigration not as an often unruly, essentially salutary force in American history, but as a dire threat. It denies the existence of millions of people who are a force for good, economic mainstays and community assets, less prone to crime than the native-born — workers, parents, children, neighbors and, above all, human beings deserving of dignity and fair treatment under the law.

Mr. Sessions is ordering his prosecutors to make immigration a priority, to consider prosecution in any case involving “transportation and harboring of aliens” and to consider felony charges for an extended menu of offenses, like trying to re-enter after deportation, “aggravated identity theft” and fraudulent marriage.

He said the government was now detaining every adult stopped at the border, and vowed to “surge” the supply of immigration judges, to increase the flow of unauthorized immigrants through the courts and out of the country. He has ordered all 94 United States attorney’s offices to designate “border security coordinators,” no matter how far from “ground zero” they are.

Mr. Sessions and the administration are being led by their bleak vision to the dark side of the law. The pieces are falling into place for the indiscriminate “deportation force” that the president promised. Mr. Sessions and the homeland security secretary, John Kelly, have attacked cities and states that decline to participate in the crackdown. Mr. Sessions has threatened these “sanctuary” locales with loss of criminal-justice funding, on the false assertion that they are defying the law. (In fact, “sanctuary” cities are upholding law and order. They recognize that enlisting state and local law enforcement for deportation undermines community trust, local policing and public safety.)

Mr. Kelly recently told a Senate committee that all unauthorized immigrants are now potential targets for arrest and deportation. And so an administration that talks about machete-waving narco killers is also busily trying to deport people like Maribel Trujillo-Diaz, of Fairfield, Ohio, the mother of four citizen children, who has no criminal record.

“Be forewarned,” Mr. Sessions said in Arizona. “This is a new era. This is the Trump era.”

Let’s talk about this era. It’s an era when the illegal border flow, particularly from Mexico, has been falling for 20 years. When many of those arriving from Central America immediately surrender to border agents — having fled to the United States to find safety, not to do it harm. When American border cities enjoy safety and vitality, thanks to immigrants. When a large portion of the unauthorized population has lived here for years, if not decades, with clean records and strong roots. When polls show that Americans back reasonable and humane immigration policies giving millions a chance to get right with the law.

President Trump has shown his mind to be a place where ideas and principles can morph without warning or explanation. It is a vacuum that allows ideologues like Mr. Sessions — who know their minds — to do their worst. On immigration, that is a frightening thing to contemplate.

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“Gonzo-Apocalypto” has to be the “word of the day.” What a perfect term to describe Jeff Sessions.

In a grotesque display of disingenuous hypocrisy, Sessions referred to “drug cartels and ‘transnational gangs’ poisoning and raping and chopping off heads.” These are exactly the things causing scared, defenseless women and children to flee for their lives from the Northern Triangle and seek refuge in the U.S. But, instead of refuge they find: well, Jeff Sessions, Donald Trump, Steve Bannon, Stephen Miller, Gen. John Kelly and others anxious to stomp out their humanity in the false name of “law enforcement.”

Turning to civil rights, I watched on the TV news last night two clips of brutal beatings and stompings of African Americans by white police officers. One victim was accused of “jaywalking”  — that’s right, “jaywalking.” The other was “driving without a license plate.” I was wondering how, after all the recent publicity, those officers could have engaged in such conduct, “on camera” no less.

Unfortunately, the answer is pretty simple “Black Lives Don’t Matter,” an attitude that obviously has just become instinctive for too many U.S. police officers. I couldn’t imagine a white pedestrian or a white motorist being treated that way in our multi-racial but predominantly white neighborhood.

Yes, the officers involved were disciplined. I believe that most or all of them were either fired, prosecuted, or both. But, that’s not the point!

The object is to prevent misuse of force by police, not to fire, prosecute, or otherwise discipline more policemen. And, prevention without compromising effectiveness of policing is exactly what the carefully crafted “consent decrees” with some problematic cities developed by the Civil Rights Division under AGs Loretta Lynch and Eric Holder achieved.

Those are the very decrees that Sessions immediately announced an intent to “review” with an obvious eye toward withdrawing or undermining them. Look at the childish behavior in the U.S. District Court in Baltimore, MD, when DOJ attorneys, acting on Sessions’s behalf, withdrew their support from the consent decree and basically refused to participate in a long-scheduled public hearing. Fortunately, the judge has the good sense to go ahead and approve and finalize the consent decree without any participation by DOJ, leading to even more childish whining from Sessions about the horrors of infringing on local law enforcement in the name of African American citizen’s constitutional rights.

The very public “green light” that Sessions has given to law enforcement to run over citizen’s rights as they please, without any fear of DOJ intervention, so long as they are “enforcing the law” — like busting jaywalkers, license plate violators, and presumably undocumented aliens — no doubt plays a role in the continuing anti-minority policing being conducted by some law enforcement agencies.

Sessions “bristles” when anyone uses the term “racist” to describe him. Sessions was given a chance to make good on his (obviously false) promise during his confirmation hearings to turn over a new leaf and look at the responsibilities of being Attorney General for all Americans differently from representing Alabama in the U.S. Senate.

Unfortunately,  his actions have proved that all of the charges his detractors made against him are as true now as they were when he was, quite properly, denied a U.S. judgeship many decades ago. If the shoe fits, wear it. And, sadly, this “shoe” fits Sessions “like a glove.” Liz was “right on.”

Finally, DHS Secretary John Kelly will see his distinguished career in public service end in ignomany if he continues “toadying up” to the ethno-nationalist views of the Sessions-Bannon-Miller crowd on immigration enforcement. Most of the arrests, deportations, detentions, denials of asylum, and removals Sessions is touting in his haste to become the new “Immigration Czar,” actually are within the jurisdiction of DHS. But, these days, you’d hardly know that Sessions isn’t in charge of DHS enforcement as well as Justice. If Kelly isn’t careful, he’s going to develop a neck injury from constantly nodding his head to every absurd “gonzo-apocalypto” immigration enforcement initiative announced by Sessions.

PWS

04-14-17

Former Obama DOJ Civil Rights Officials Blast Sessions On Local Policing! — Seattle Finds Sessions Dead Wrong, Fed’s Intervention & Consent Decrees Make Dramatic Improvements, Save Citizens & Police From Unnecessary Violence!

https://mobile.nytimes.com/2017/04/05/opinion/dont-let-jeff-sessions-undermine-police-reform.html?em_pos=small&emc=edit_ty_20170406&nl=opinion-today&nl_art=9&nlid=79213886&ref=headline&te=1&_r=0&referer=

Op-Ed in the NY Times:

By VANITA GUPTA and COREY STOUGHTON
APRIL 5, 2017
“Attorney General Jeff Sessions recently ordered a review of federal agreements with a number of local law enforcement agencies aimed at reforming troubled departments. As a first step, the Justice Department on Monday asked a judge to delay a consent decree that would overhaul Baltimore’s police force.

On its face, Mr. Sessions’s order simply asks whether the consent decrees promote public safety, support officers, respect local control and are warranted. But underlying the order is the Trump administration’s belief that efforts to align police practices with the Constitution have compromised public safety and thrown police officers under the bus.

This couldn’t be farther from the truth.

Countless police chiefs and mayors are vocal about wanting federal reform or have emerged from the consent decree process remarking that their departments were the better for it. Mr. Sessions claims to want to revert to local control, but he should listen to local officials like Baltimore’s police commissioner, Kevin Davis, who called the Justice Department’s request to delay the reform agreement “a punch in the gut” and noted that “a consent decree will make the Baltimore police department better both with the crime fight and our community relationships.”

No matter what review Mr. Sessions conducts, he cannot unilaterally undo these reform agreements. That’s because the district courts that oversee them will ultimately decide their fate. In addition, the reforms are negotiated with local elected officials and law enforcement leaders, with extensive input from grass-roots organizations, police unions, officers and civilians. Mr. Sessions can try to undermine them, but many of the reforms are durable.

That’s good, because communities around the country need this work to continue. In cities like Ferguson, Mo., Chicago and Baltimore, federal reform addresses unconstitutional stops, searches and arrests, and excessive and retaliatory force. These problems erode trust between police departments and the communities they serve, trust that is essential to effective policing as well as officer and public safety.
Rebuilding these ties is also necessary for preventing and solving crime. Few in law enforcement would disagree with this. When we worked on police reform at the Justice Department, we heard over and over again from officers and community members during our investigations in Baltimore and Chicago that relationships had broken down so badly, witnesses sometimes refused to share vital information and victims declined police assistance.

Mr. Sessions’s suggestion that the Justice Department’s policing agreements interfere with proactive policing is likewise baseless. There is no question that lawful stops, arrests and, at times, the use of force are all necessary tools for ensuring public safety. But Baltimore’s misguided zero-tolerance policing strategy, for example, severely damaged police-community relations, especially in black neighborhoods. Even the Baltimore Fraternal Order of Police acknowledged that officers felt “pressure to achieve numbers for perception’s sake.”

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And, Seattle’s recent experience shows that Federal intervention and consent decrees improve policing and saves lives, as shown by this report in the Seattle Times:

“Five years after the U.S. Justice Department found Seattle police officers too often resorted to excessive force, the federal monitor overseeing court-ordered reforms issued a glowing report Thursday concluding the department has carried out a dramatic turnaround.

Crediting Mayor Ed Murray, Police Chief Kathleen O’Toole and, most of all, the Seattle Police Department’s men and women, the monitor, Merrick Bobb, found overall use of force is down and, when officers do use it, it is largely handled in a reasonable way consistent with department policies.
As a result, Bobb found the department to be in substantial compliance — formally known as initial compliance — with core provisions of a 2012 consent decree that required the city to adopt new policies and training to address excessive force.
“The significance and importance of this finding cannot be understated, as this report makes clear,” Bobb wrote in the 102-page assessment. “It represents a singular and foundational milestone on SPD’s road to full and effective compliance — and represents Seattle crystallizing into a model of policing for the 21st century.”

Moreover, use of force has dropped even as officer injuries have not gone up and crime, by most measures, has not increased, Bobb and his monitoring team write in the report.

O’Toole shared the results in a departmentwide email Monday afternoon, saying, “In short, the Monitor’s assessment confirms the data that SPD reported on earlier this year: of the hundreds of thousands of unique incidents to which SPD officers respond every year, only a small fraction of one percent result in any use of force.”

The report, which has been in the works for some time, comes days after U.S. Attorney General Jeff Sessions ordered Justice Department officials to conduct a review of reform agreements with more than a dozen police agencies nationwide to determine whether they, among other things, undermine officer safety and crime fighting.

While the order could undercut newer agreements reached under the civil-rights emphasis during the Obama administration, officials have said it is unlikely to affect Seattle’s pact because it is under the firm control of a federal judge.

The judge, James Robart, has shown an unwavering commitment to Seattle’s consent decree, even declaring “black lives matter” during a court hearing, and earlier this year halted the Trump administration’s first travel ban.
In a statement Tuesday, Murray said, “Our progress under the Consent Decree cannot be undone by empty bureaucratic threats. Our police department is well into the process of reform and will continue this work. We are too far along for President Trump to pull us away from justice.”

Read the complete article here: http://www.seattletimes.com/seattle-news/crime/in-major-step-federal-monitor-finds-seattle-police-use-of-force-reforms-are-working/?utm_source=The+Seattle+Times&utm_campaign=fe0fd2fdf6-Alert_Dramatic_turnaround_in_Seattle_PD’s_use_of_f&utm_medium=email&utm_term=0_5beb38b61e-fe0fd2fdf6-122767877

 

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Must be hard for current and former DOJ Civil Rights Division attorneys, who have spent years painstakingly investigating, drafting, and negotiating agreements to promote effective, constitutional policing to see their work being trashed by a guy who has spent most of his career trying to limit civil and human rights. Been there myself, in a somewhat different context, and it’s very disheartening and maddening.

While I don’t have much optimism that career attorneys in the DOJ will be able to stand up to Sessions and keep their jobs, it is encouraging that many of the jurisdictions, police departments, and Federal Judges involved in the consent decree process intend to keep the ball rolling despite Session’s attempts to undermine their efforts.

And, certainly advocates, like Gupta and Stoughton in their new “private sector” positions, intend to keep the pressure on even if it means doing battle with the Trumped-up Sessions version of the DOJ. Forget civil rights, gotta keep a close eye on what those H-1B workers and their employers are up to.

PWS

04-06-17