CHANGING THE NARRATIVE BY REJECTING THE POLITICS OF HATE & RACISM: Cities Can Embrace Asylum Applicants, Help Them Win Status, & Reach Full Potential!

https://www.washingtonpost.com/opinions/seattle-isnt-afraid-of-immigrants-mr-trump/2019/04/12/f26c370e-5d5e-11e9-9625-01d48d50ef75_story.html

April 12 at 7:05 PM

Jenny A. Durkan, a Democrat, is mayor of Seattle.

Here’s a message to President Trump: Seattle is not afraid of immigrants and refugees. In fact, we have always welcomed people who have faced tremendous hardships around the world. Immigrants and refugees are part of Seattle’s heritage, and they will continue to make us the city of the future.

What does scare us? A president and federal government that would seek to weaponize a law enforcement agency to punish perceived political enemies. A would-be despot who thinks the rule of law does not apply to him.

On Friday, Trump took to Twitter to confirm a Post report that the White House wants to place detained immigrants in so-called sanctuary cities represented by Democrats.

In doing so, he trotted out his favorite playbook: He is demonizing immigrants and refugees to incite fear and to distract the American public from his own failures. Despite his party having control of the whole federal government for two years, Trump has utterly failed to fix our immigration system, to provide real opportunity for middle America or to improve the lives of the Americans in the places that supported him.

It’s clear he hates the fact that the very cities he scorns are engines of innovation, opportunity and economic power. But we will not be deterred. The president’s threats won’t intimidate me as a mayor of a city with an open door, as a former federal prosecutor or as the granddaughter of a teenager who fled a war-torn, starving and impoverished country only to be welcomed in America.

This president believes that immigrants and refugees burden our country and burden cities like ours. But he could not be more wrong.

In Seattle, we know that our immigrant and refugee communities make our city a stronger, more vibrant place. Our immigrant neighbors make up more than 18 percent of our population, and 21 percent of our population speaks a language other than English at home. They create businesses and jobs. They create art and culture. They help teach our kids, serve in law enforcement and the military, and lead our places of faith.

Our immigrant and refugee neighbors have helped Seattle become the fastest-growing big city in the country and become home to some of the world’s most iconic companies. And we know that today’s immigrants are tomorrow’s U.S. citizens who should have the chance to contribute to the economic, cultural and civic life of Seattle — and our nation.

Contrary to what this president thinks, in Seattle, we have strong American values of inclusiveness and opportunity. Instead of threatening immigrant families and the cities that welcome them, this president should spend a little bit more time trying to learn from us.

In Seattle, we have started to provide tuition-free college for our public high school graduates, regardless of a young person’s immigration status. We’re expanding internship and apprenticeships opportunities to connect all our young people with the jobs and opportunities of the future. We’re working to help tens of thousands of legal permanent residents become U.S. citizens as part of the New Citizen Campaign and our other citizenship programs. Our Ready to Work program connects people with case managers and English language education to help our immigrant and refugee neighbors gain the skills necessary to enter our booming jobs market.

We will not allow a president who continues to threaten our shared values of inclusion, opportunity and diversity to jeopardize the health and safety of our communities. That’s why, shortly after taking office, I issued a mayoral directive strengthening Seattle’s “Welcoming City” laws that make clear that our city will not ask about — or improperly divulge information about — a resident’s immigration status. And our police officers will continue to focus on local law enforcement — not serve as federal immigration enforcement officials. This is what the president means when he uses the term “sanctuary city.”

Our city has already taken on this president and won. When Trump and the Justice Department threatened to withhold federal funding over our policies, we beat him in court. When he announced his cruel plan to separate children and families, Democratic mayors stood up to say we are better than this as a country.

So if this president wants to send immigrants and refugees to Seattle and other welcoming cities, let me be clear: We will do what we have always done, and we will be stronger for it. And it will only strengthen our commitment to fighting for the dignity of every person. We will not allow any administration to use the power of America to destroy the promise of America.

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Well said, Mayor Durkin!
Many, probably the majority, of these families legally seeking asylum are forced migrants. Out of detention, with access to counsel, community support, time to prepare, and without being regulated to “detention center judges,” many of whom are notoriously biased against asylum seekers, the asylum grant rates should go up substantially.
In fact, it’s quite possible that a majority will succeed, because we know that representation generally increases success rates by 4X with a much greater differential for women and children. Those who are unfairly denied will also have a chance to pursue appeals up to the “real” Article III Courts.
It’s a great opportunity for Democrats to put an end to the Trump Administration’s lies about forced migrants “gaming” the system and to strengthen local communities and economies by bringing into the legal immigration system many courageous, talented, determined individuals who seek only survival and a better life and will be grateful for the opportunities given them.
Here’s another article from Philip Bump in the Washington Post about how the Democrats can “call Trump’s bluff,” save lives, and really make America great just by doing the right thing. https://www.washingtonpost.com/politics/2019/04/12/white-house-wanted-send-migrants-cities-with-lot-immigrants/
PWS
04-12-19

SCOFFLAW WATCH: FEDERAL JUDGE IN SEATTLE CLEARS WAY FOR DUE PROCESS CLAIM AGAINST ADMINISTRATION’S MISTREATMENT OF DETAINED ASYLUM SEEKERS!

 

https://www.washingtonpost.com/national/judge-declines-to-dismiss-challenge-to-us-asylum-delays/2018/12/12/3526a89c-fe3f-11e8-a17e-162b712e8fc2_story.html

Gene Johnson reports for AP in the WashPost:

SEATTLE — Immigrant rights activists can continue to challenge what they describe as unlawful U.S. government delays in asylum cases, a federal judge has ruled.

U.S. District Judge Marsha Pechman in Seattle dismissed some arguments raised by the lawsuit in a ruling Tuesday, but she said the activists can pursue their claim that the delays violate the due process rights of detained asylum seekers across the country. The government sought to dismiss the case.

The Seattle-based Northwest Immigrant Rights Project filed the lawsuit in June against U.S. Immigration and Customs Enforcement, which said through a spokeswoman Wednesday that it does not comment on pending litigation.

According to the complaint, migrants seeking asylum after entering the U.S. illegally have had to wait weeks or months for their initial asylum interviews, at which an immigration officer determines whether they have a credible fear of persecution or torture in their home country. After that, there have been long delays in getting bond hearings, which determine whether an asylum seeker will be released from custody as the case proceeds.

The group initially filed the lawsuit in response to the administration’s family separations at the U.S.-Mexico border, saying the delays had kept mothers detained at the Northwest Detention Center in Tacoma, Washington, from being reunited with their children in immigration custody across the country. Those plaintiffs have since been released, but the lawsuit seeks class-action status on behalf of thousands of asylum seekers.

The complaint asks the judge to order the government to make credible fear determinations within 10 days and to conduct bond hearings within seven days of an asylum seeker’s request for one.

Pechman disagreed, saying that because the detainees had crossed into the U.S. they were entitled to greater constitutional protections than the government claimed.

“Simply put, are they ‘excludable aliens’ with little or no due process rights, or are they aliens who are in the country illegally, but nevertheless in the country such that their presence entitles them to certain constitutional protections?” she wrote. “Plaintiffs have adequately plead that they were within the borders of this country without permission when detained, and thus enjoy inherent constitutional due process protections.”

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Despite all of their disingenuous whining about being required to follow the law by mere judges, and Trump’s successful effort to fill the Federal Courts with right-wing jurists, there will be plenty more well deserved defeats for this lawless Administration.

Even the most conservative jurists tend to have a concept of the Constitution, the law, and fairness. Trump and his minions, including particularly his stooges at the DOJ, have little concern for law of any type except when it happens to advance their political agenda.  It’s just a political game for them, driven by an anti-American, racist, White Nationalist agenda. That’s not likely to be a successful long-range litigation strategy with judges across the philosophical spectrum.

Many judges are going to require the Administration to comply with Due Process, as is happening here. Significantly, Judge Pechman gave short shrift to the DOJ’s argument that individuals detained at or near the border have no Due Process rights.

PWS

12-13-18

TAL KOPAN & JIM ACOSTA ON CNN: Speaker Ryan Says Trump Should Delay DACA Decision While Congress Works On Extension! — Also, Top Seattle Execs Urge Trump To Keep DACA

http://www.cnn.com/2017/09/01/politics/paul-ryan-daca-trump-immigration/index.html

Tal & Jim write:

“(CNN)House Speaker Paul Ryan on Friday gave a major boost to legislative efforts to preserve protections for young undocumented immigrants — and urged President Donald Trump to not tear up the program.

Trump told reporters Friday he was still mulling the decision.
Responding to a question about Deferred Action for Childhood Arrivals, or DACA, on his hometown radio station WCLO in Janesville, Wisconsin, Ryan said Congress was working on a legislative fix to preserve the program.
“I actually don’t think he should do that,” Ryan said of Trump’s consideration of terminating the program. “I believe that this is something that Congress has to fix.”
'Dreamers' anxious as Trump DACA decision looms
‘Dreamers’ anxious as Trump DACA decision looms
Ryan’s statement offers the most public support by anyone in the Republican congressional leadership for some sort of legislation to protect the “Dreamers” under DACA.
The popular Obama administration program — which gives protections from deportation to undocumented immigrants that were brought to the US as children to work or study — has long been targeted by Republicans as an overreach of executive authority.
Nevertheless, a number of moderate Republicans alongside Democrats support the program and have offered legislation that would make the protections permanent.

. . . .

The popular Obama administration program — which gives protections from deportation to undocumented immigrants that were brought to the US as children to work or study — has long been targeted by Republicans as an overreach of executive authority.
Nevertheless, a number of moderate Republicans alongside Democrats support the program and have offered legislation that would make the protections permanent.
Ryan, who worked on comprehensive immigration reform before he became part of House leadership, endorsed that approach in the interview.
“President (Barack) Obama does not have the authority to do what he did … we’ve made that very clear,” Ryan said in the radio interview. “Having said all of that, there are people who are in limbo. These are kids who know no other country, who were brought here by their parents and don’t know another home. And so I really do believe there that there needs to be a legislative solution.”
Trump’s decision
Asked whether he’s made a decision on DACA, Trump said: “Sometime today, maybe over the weekend.”
“We love the Dreamers,” he said.
The Trump administration has been discussing for weeks what to do about DACA, responding to the deadline on an ultimatum issued by 10 state attorneys general, led by Texas. The threat: Sunset DACA by September 5 or the states will try to end it in court.
Discussions have heated up this week as officials have met to chart a path forward. While a decision had been possible Friday, and one source familiar had believed a decision was pending Friday morning, by midday, sources familiar with the deliberations did not expect a decision before the weekend.
Parts of the Department of Homeland Security, which administers DACA, have been told to prepare for a decision but have not been given any potential details of what a decision may be.
White House discussing whether DACA deadline can be moved
White House discussing whether DACA deadline can be moved
Sources inside and outside the administration said the White House continues to explore buying itself time and is also considering allowing the attorneys general to proceed with their threat.
That course of action could potentially remove pressure from the White House, where the President has promised to act with “heart” on the matter and give Congress time to pass a legislative fix, and one source said it was under consideration.
Any action by the President to sunset DACA would put immediate pressure on Congress to act, something the White House and a senior congressional source recognize would be a challenge with many other pressing priorities at the moment, from Harvey relief to the debt ceiling to government spending. A go-slow approach on DACA is preferred, the congressional source added.
Big congressional boost
Ryan has long been sympathetic to the plight of Dreamers. At a CNN town hall at the beginning of the year, Ryan was asked by a young woman protected under DACA whether he wanted her deported. He said he was working with the Trump administration and seeking a “humane solution.”
“What we have to do is find a way to ensure that you can get right with the law,” the speaker told the young woman.
But until now, leadership has not helped the push by moderate Republicans to advance legislation to do so. Four different options have been introduced in Congress, including two bipartisan solutions led by Sens. Lindsey Graham, a South Carolina Republican, and Dick Durbin, an Illinois Democrat. Another proposal from Florida Republican Rep. Carlos Curbelo has entirely Republican support and is expected to be introduced in a similar form in the Senate by North Carolina Republican Thom Tillis.
In addition to Ryan’s endorsement, another conservative boost on Friday came from Utah Sen. Orrin Hatch, a staunch conservative who has in the past supported immigration reform.
“I’ve urged the President not to rescind DACA, an action that would further complicate a system in serious need of a permanent, legislative solution,” Hatch said in a statement. “Like the President, I’ve long advocated for tougher enforcement of our existing immigration laws. But we also need a workable, permanent solution for individuals who entered our country unlawfully as children through no fault of their own and who have built their lives here. And that solution must come from Congress.”
Colorado Rep. Mike Coffman, a moderate Republican, announced on Thursday he would try to force a vote on one of the bipartisan bills when Congress returns next week through what’s known as a discharge petition, which would require a majority of House members to sign on to work. The speaker’s office had no comment on that effort.”

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

Additionally, as reported in the Seattle Times, the CEOs of Microsoft, Amazon, and Starbucks have added their voices of support for Dreamers:

“The leaders of Amazon, Microsoft and Starbucks joined other corporate executives in asking President Donald Trump to keep in place a program that shields from deportation young people who came to the U.S. illegally as children.

The Deferred Action for Childhood Arrivals (DACA) program, which protects about 800,000 “Dreamers,” is said to be a target for repeal as Republican attorneys general threaten to sue to push the Trump administration to carry out the president’s hard-line pledges on immigration.

 

Supporters of the program, including Washington Gov. Jay Inslee, came to its defense this week, urging the White House to keep DACA intact. Those ranks swelled with hundreds of corporate executives, lawyers and other organizations who made largely economic arguments in a separate open letter.

“Dreamers are vital to the future of our companies and our economy,” the letter said. Signatories include Amazon.com chief executive Jeff Bezos, Microsoft CEO Satya Nadella, and Starbucks boss Kevin Johnson.”

http://www.seattletimes.com/business/microsoft-amazon-starbucks-leaders-voice-support-for-dreamers/?utm_source=referral&utm_medium=mobile-app&utm_campaign=ios

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

Read Tal’s complete article at the link.

A legislative solution seems to be in everyone’s best interests here!  Let’s hope it will happen.

PWS

O9-01-17

U.S. Judge Stiffs DOJ, Enters Consent Decree In Baltimore Police Case — Sessions Remains Skeptical!

https://www.washingtonpost.com/e8184a66-1c21-11e7-8598-9a99da559f9e_story.html?utm_term=.4b449e499221

Juliet Linderman (AP) reports in the Washington Post:

“BALTIMORE — A federal judge has approved an agreement negotiated under the Obama administration to overhaul the troubled Baltimore police force, sweeping aside objections from the Trump Justice Department.

President Donald Trump’s attorney general, Jeff Sessions, promptly warned that the agreement may result in “a less safe city.”

U.S. District Judge James Bredar signed the so-called consent decree Friday, a day after a hearing to solicit comments from Baltimore residents, calling the plan “comprehensive, detailed and precise.”

He denied a request to delay the signing to give the Trump administration more time to review the agreement. At Thursday’s hearing, a Justice Department attorney expressed “grave concerns” about the plan, aimed at rooting out racist practices.

The consent decree was negotiated during the closing days of the Obama administration after a federal investigation found rampant abuse by Baltimore police, including unlawful stops and use of excessive force against black people.

The investigation was prompted by the 2015 death of Freddie Gray, a 25-year-old black man whose neck was broken during a lurching ride in the back of a police van, where he had been left unbuckled, his hands and legs shackled. Gray’s death touched off the worst rioting in Baltimore in decades.

In a memo made public earlier this week, the Trump Justice Department signaled that it may retreat from the consent decrees that have been put in place in recent years in such cities as Cleveland; Ferguson, Missouri; Miami; and Newark, New Jersey.

Sessions said in a statement Friday that the Baltimore agreement shows “clear departures from many proven principles of good policing that we fear will result in more crime.”

“The decree was negotiated during a rushed process by the previous administration and signed only days before they left office,” Sessions said. “While the Department of Justice continues to fully support police reform in Baltimore, I have grave concerns that some provisions of this decree will reduce the lawful powers of the police department and result in a less safe city.”

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While the consent decree process was probably accelerated by the Obama Administration’s accurate belief that the Trump Administration would be unlikely to uphold civil rights, particularly for African Americans, the decree was based on a detailed 163 page report that was accepted and incorporated by U.S. District Judge Bredar. Here’s a link to that report: https://www.justice.gov/opa/file/883366/download.

By contrast, Session’s memorandum calling for DOJ review of consent decrees, among other things, was less than two pages, phrased in conclusory stock language, and contained no factual basis whatsoever for the review. Nor has Sessions ever explained what the problem might be with the detailed report prepared as a result of an investigation by his predecessor, Attorney General Loretta Lynch.

Remarkably, Sessions obstinance comes in the same week that a court-appointed monitor found that a similar consent decree in Seattle had resulted in a dramatic reduction in incidents of police use of force against citizens while increasing neither crime nor injuries to police officers. See prior blog here: http://wp.me/p8eeJm-El.

PWS

04/09/17

 

 

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.”

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

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

 

 

Seattle Sues Over DOJ’s “Sanctuary City” Threat — Preemptive Action Claims Harm From Uncertainty!

http://www.seattletimes.com/seattle-news/politics/seattle-sues-trump-administration-over-sanctuary-cities/?utm_source=The+Seattle+Times&utm_campaign=c846202ede-Morning_Brief_03_30_2017&utm_medium=email&utm_term=0_5beb38b61e-c846202ede-122767877

Daniel Beekman writes in the Seattle Times:

“Seattle is suing President Donald Trump over his executive order cracking down on so-called “sanctuary cities” for how they handle people living in the United States illegally.

The city is doing nothing wrong by limiting its own involvement in immigration enforcement, while Trump is overreaching by trying to make cities do the work of the federal government, Mayor Ed Murray and City Attorney Pete Holmes said Wednesday.
The goal of the lawsuit, filed in U.S. District Court in Seattle, is to have the executive order declared unconstitutional, Murray said at a news conference, accusing the Trump administration of waging “a war on cities.”

“Our lawsuit is staying true to our values,” the mayor said. “We value civil rights, we value the courts and we value the Constitution.”

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I suspect that this is just the first of many suits we will see about this issue. I doubt that anything Trump has done so far will create jobs for working class Americans (sadly). But, he has been, and is likely to continue to be, a boon for lawyers and reporters.

He’s even keeping me pretty busy in retirement. I can’t even “blog” all of the interesting articles and cases I read in one day. Have to be “selective.”

PWS

03/30/17