TOM PETTY’S FAMILY BLASTS USE OF LATE ROCKER’S SONG “I WON’T BACK DOWN” AT TRUMP’S TULSA HATE RALLY, DEMANDS “CEASE & DESIST” —  “Both the late Tom Petty and his family firmly stand against racism and discrimination of any kind. Tom Petty would never want a song of his used for a campaign of hate. He liked to bring people together.” 

Tom Petty
Tom Petty and the Heartbreakers perform in concert at the BankAtlantic Center in Sunrise, Florida on July 15, 2008. (UPI Photo/Michael Bush) (Newscom TagID: upiphotos868523) [Photo via Newscom]
Alaa ElassarWriter
CNN
Alaa Elassar
Writer
CNN Digital

Alaa Elassar writes at CNN:

https://www.cnn.com/2020/06/21/politics/tom-petty-trump-cease-and-desist-trnd/index.html

(CNN)The family of the late Tom Petty has filed a cease and desist notice to the Trump campaign after one of the musician’s songs was played at the President’s campaign rally in Tulsa, Oklahoma.

Petty’s 1989 hit “I Won’t Back Down” was played on Saturday evening at the rally, which drew a smaller-than-expected crowd of supporters.

“Trump was in no way authorized to use this song to further a campaign that leaves too many Americans and common sense behind,” the family said in a tweet Saturday.

“Both the late Tom Petty and his family firmly stand against racism and discrimination of any kind. Tom Petty would never want a song of his used for a campaign of hate. He liked to bring people together,” according to the tweet.

. . . .

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

Read the complete article at the link.

Good for them!

As my former Georgetown Law Refugee Law & Policy students will remember, I used the lyrics of “Refugee” from “Professor Tom” & The Heartbreakers as a “teaching vehicle” about what it’s really like to be a refugee (something of which Trump and his cult of mindless supporters seem entirely unaware). 

Perhaps a better choice from Tom’s collection, and one more indicative of the true state of our nation and Trump’s recent poll performance would have been Tom’s “Free Fallin’.”

Free Fallin’

by Tom Petty

She’s a good girl, loves her mama
Loves Jesus and America too
She’s a good girl, crazy ’bout Elvis
Loves horses and her boyfriend too

It’s a long day living in Reseda
There’s a freeway runnin’ through the yard
And I’m a bad boy ’cause I don’t even miss her
I’m a bad boy for breakin’ her heart

And I’m free, free fallin’
Yeah I’m free, free fallin’

All the vampires walkin’ through the valley
Move west down Ventura boulevard
And all the bad boys are standing in the shadows
All the good girls are home with broken hearts

And I’m free, free fallin’
Yeah I’m free, free fallin’
Free fallin’, now I’m free fallin’, now I’m
Free fallin’, now I’m free fallin’, now I’m

I want to glide down over Mulholland
I want to write her name in the sky
Gonna free fall out into nothin’
Gonna leave this world for a while

And I’m free, free fallin’
Yeah I’m free, free fallin’

Check out the video and get more from Tom here:  

https://www.songfacts.com/lyrics/tom-petty/free-fallin

PWS

06-21-20

LIGHT IN A TIME OF DARKNESS: Humanity & Law in America Probably Had Their Two Best Moments  (LGBTQ Rights & DACA) in Three Years Of Trump’s Darkness — Chief Justice John Roberts Made It Happen — How His  Decision to Stand Up For Dreamers & The Rule of Law Against Trump’s Inhumanity, Cruelty, & Lawlessness is Already Making A Difference in The Lives of American Young People Across Our Broken Nation!

John Roberts
Chief Justice John Roberts
Theresa Vargas
Theresa Vargas
Reporter
Washington Post

https://www.washingtonpost.com/local/behind-defund-the-police-and-abolish-ice-is-a-shared-hope-that-more-dads-make-it-home/2020/06/20/a8c0969a-b28a-11ea-8f56-63f38c990077_story.html

Theresa Vargas reports for WashPost:

By Theresa Vargas

June 20 at 10:30 AM ET

Angel Romero was about 8 years old when his bus rides home from school changed.

His family was living in Prince William County in Virginia at the time, and the elementary school student didn’t understand much about the agreement the county had entered into with U.S. Immigration and Customs Enforcement. He knew only that some of his classmates had arrived home after school and found their parents gone.

“I started worrying if I would have parents when I came home,” he recalls.

On those bus rides home, he would sit with his anxiety until his bus came to his stop.

Some days, he would see his mom and dad standing there, and feel immediate relief that they hadn’t been deported. Other days, his mother would wait alone, because his father had to work at his construction job, and the boy would carry his fears with him until his dad walked in the door.

“It would be really scary not knowing if he was at work — or somewhere else,” the now 21-year-old tells me when we talk on a recent morning. “There is still that subconscious fear that has stuck with me. It’s never gone away.”

In the past week, Romero has been able to celebrate on a personal level two nationally recognized victories: Prince William County’s decision to not renew its 287(g) agreement with ICE and a Supreme Court ruling that blocks President Trump’s attempt to end the Deferred Action for Childhood Arrivals (DACA) program that offers protections to immigrants who were brought to the country as children.

[[Large Virginia county ends immigration enforcement agreement]]

Romero, who is a DACA recipient, stood in front of the Supreme Court on the day that decision was made. At one point, he took a knee and raised a fist in the air. A line of people, who, like him, had worked with the immigrant advocacy group CASA toward that moment, did the same.

It’s a posture that has been seen over and over again in recent weeks as streets across the country have filled with people protesting police brutality and other racial inequities. The push to “Defund the Police,” which has grown from those protests, may seem a distant fight from the effort to “Abolish ICE,” which immigrant rights groups have demanded, but many of the activists who are on the front lines right now, pushing for change, see the two as connected. They see them as two cries in the same battle.

What “Defund the Police” and “Abolish ICE” share is an acknowledgment that bad law enforcement practices, no matter what the badge looks like, unjustly separate families. They leave children not knowing whether their dads (or moms) will make it home, not because of what they did that day, but because of who they are.

Both also directly affect black immigrants.

In rallies that took place before the Prince William County decision, brown hands held white signs declaring “Black Lives Matter.” And in the hours after the Supreme Court decision, black activists called for an end to how the country enforces immigration. The system, which has seen in-custody deaths of adults and children, criminalizes people for entering the country while not providing clear paths to citizenship.

“These movements should be very linked, and I believe they are getting more and more linked as we are fighting together,” says Luis Aguilar, the Virginia state director for CASA. He is a DACA recipient and has spent years working toward seeing Prince William County end its agreement with ICE.

He is also Afro-Mexican. His dad comes from a region of Mexico where runaway slaves settled.

“When I see things like what happened to George Floyd, it goes beyond the personal,” the 33-year-old says of the police-custody killing that has sparked weeks of protests. “It goes to a space where you start thinking about why these things are happening, and you realize that currently society isn’t in a place where it truly respects each person as a human being.”

Aguilar was 15 and living in Falls Church when his father was deported.

“I would not want any other child to experience the results of a broken immigration system,” he says. “I think we owe it to society to fix the system.”

The decision by Prince William lawmakers not to renew its agreement with ICE when it expires at the end of the month received a blip of attention compared with the Supreme Court decision. But it is a significant development for the Washington region. That program changed the county. It created a hostile atmosphere, and not just for undocumented immigrants. It forced Latino families to leave the county and some to avoid calling the police, even when they needed help.

I know this not only from studies that have been conducted over the years, but also from personal observation.

When I came to The Washington Post, it wasn’t as a columnist. I was hired to cover the Prince William County Police Department. I had been in that job less than a year when county lawmakers approved 287(g), which gave law enforcement officials some of the same powers as immigration enforcement agents. They did that despite hearing concerns from the police department that it would erode community trust, prevent immigrants from reporting crimes and require a whole lot of money.

When Corey Stewart was running for a Senate seat, I wrote about what I saw and experienced after the crackdown happened — including how a man yelled at me, “Go back to your country!” — to show the intangible ways in which it failed the community. (And for those who want to point to it as a solution to crime, Prince William Police Chief Barry M. Barnard was recently quoted as saying, “I’m not seeing any hard data where the 287 program has been shown to be the direct cause of any measurable crime reduction.”)

Instead, it left people feeling scared and targeted — and it did that to residents who weren’t even out of elementary school yet.

Angel Romero says for him, “that moment just changed everything.”

“It changed my personality,” he says. “I used to be a really talkative kid, and I had like a switch, where I became very closed off and introverted.”

. . . .

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

Sophie Bolich
Sophie Bolich
Reporter
Madison.com (WI)

https://madison.com/news/local/govt-and-politics/an-amazing-feeling-of-relief-immigrant-community-cheers-daca-ruling/article_3d3a943b-ef1c-5228-aa44-af5bba8b347f.html?utm_source=BadgerBeat&utm_medium=referral&utm_campaign=News%20Alerts

Sophie Bolich reports for the Madison.com:

When Sharet Garcia heard the U.S. Supreme Court decided to uphold the Deferred Action for Childhood Arrivals program, all she could do was cry.

“I just couldn’t believe it,” she said.

As a DACA recipient and founder of the online networking space UndocuProfessionals, Garcia said that the decision came as a shock. “We’re very excited, of course, and very happy…but at the same time, we know there’s still a lot of work to be done,” she said.

In the year since its creation, UndocuProfessionals has garnered a nationwide following. In the past months, it has become a gathering space for DACA recipients — also called DREAMers — to find support through the uncertainty of the approaching decision.

Garcia said she stayed awake into the early hours Thursday morning answering messages from other DREAMers who were anxiously awaiting the results.

“I was there trying to support them in the best way I can,” she said.

The Supreme Court’s 5-4 decision, which came after months of anticipation, ruled that the Trump administration improperly ended the DACA program in 2017. The announcement left DREAMers and their loved ones with “an amazing feeling of relief,” said Centro Hispano director Karen Menendez Coller.

It was the second defeat this week for the Trump administration, coming just days after the court ruled in favor of anti-discrimination protection for LGBTQIA+ employees under the 1964 Civil Rights Act.

“The emotional impact is huge,” Menendez Coller said. “I can’t even describe the burden that this has lifted from so many people in the community.”

Anticipating the court’s decision against the backdrop of the pandemic, she added, was “an incredible load to carry,” noting the financial impact as well as the daily emotional turmoil that DREAMers face.

“You kind of have to put [the worry] at the back of your mind and ignore it,” said a Madison-area DACA recipient, who asked to remain anonymous. At the same time, she said, the thought was always lurking. “At any moment, had the outcome been negative, your whole world is going to change.”

She added that while many people weren’t hopeful about the decision, she was.

“There’s a lot more opportunities that people have had now for eight years,” she said, noting that, since the program’s 2012 inception, DREAMers have started small businesses, graduated college and worked for big companies.

“I think that that’s a big reason why I was like, maybe they’ll think twice about it. And thankfully they did.”

Though she counts the decision as a win, Menendez Collar said that the path to equity is “a long road.” Centro Hispano plans to continue mobilizing and raising funds to assist DREAMers and the undocumented community. They plan to collaborate with the Immigration Office of Affairs and increase the Immigrant Assistance Fund, which is housed at the Madison Community Foundation and helps DREAMers access legal help and cover fees associated with filing DACA applications.

. . . .

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

Read the rest of Theresa’s and Sophie’s articles at the respective links above.

Imagine how many lives could be saved and changed for the better and how great America could become as a nation if Chief Justice Roberts and all other Federal Judges could find it within themselves to stand up for the legal, human, and Constitutional rights of refugees, asylum applicants, and migrants in every case challenging the Administration’s systemic, lawless, and invidiously motivated attacks on our legal system and the lives and humanity of the most vulnerable among us?

And, special thanks to Theresa and Sophie for reporting that puts humanity back in the law where it belongs. Without mercy, humanity, fairness, and decency, there can be neither law nor true justice.

Due Process Forever!

PWS

06-21-20

VOX IMMIGRATION REPORTER NICOLE NAREA CONTINUES  TO WIN PRAISE FOR HER ANALYSIS — ImmigrationProf Blog Highlights Nicole’s “Trenchant Criticism” of Regime’s Outrageous Proposal to Repeal Asylum Protections by Regulation!

Nicole Narea
Nicole Narea
Immigration Reporter
Vox.com

 

https://lawprofessors.typepad.com/immigration/2020/06/trump-is-quietly-gutting-the-asylum-system-amid-the-pandemic-president-trumps-election-year-push-to-.html

Dean Kevin Johnson writes on ImmigrationProf Blog:

Nicole Narea on Vox has a trenchant criticism of the asylum rules proposed by the Trump administration last week.  Here is the the criticism in a nutshell:

“The Trump administration has proposed a regulation that would deliver its biggest blow to the US asylum system yet, vastly expanding immigration officials’ authority to turn away migrants. If enacted, it would all but close America’s doors to asylum seekers — a signature policy for a president desperately trying to rally his base in an election year.

The regulation, which was announced Wednesday, would allow immigration officials to discard asylum seekers’ applications as “frivolous” without so much as a hearing, and make it impossible for victims of gang-related and gender-based violence to obtain protection in the US. It would also refuse asylum to anyone coming from a country other than Canada or Mexico, or who does not arrive on a direct flight to the US, as well as anyone who has failed to pay taxes, among other provisions.

President Donald Trump has been working to dismantle the asylum system for years, but this latest regulation is part of an election-year push to curtail immigration. In recent months and under the pretext of responding to the coronavirus pandemic, his administration has closed the US-Mexico border, begun rapidly returning asylum seekers arriving on the southern border to Mexico, and issued a temporary ban on the issuance of new green cards — policies that are now being challenged in court.”

The 30 day public comment period starts on June 15.

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

Nicole cuts through the BS and exposes 160+ pages of the regime’s legal gobbledygook, evil intent, and White Nationalist racism for exactly what it is. No surprise for those of us who have been avid readers of Nicole’s outstanding reporting, first at Law360 and now at Vox News. 

Keep on the story, Nicole! Don’t let the White Nationalist kakistocracy continue to hide their vile and unconstitutional program directed against asylum seekers of color behind a barrage of opaque legalese! 

Following the Supreme’s lifeline to Dreamers, some commentators are heralding the triumph of the “rule of law” over Trump. That’s total wishful thinking. It’s great that the Court got a couple of cases right this week. Lives saved are lives saved. That’s actually what they are supposed to do all the time.

Meanwhile, the existence of Remain in Mexico, misuse of COVID-19 to return asylum seekers to potential death, baby jails, kids in cages, family separation, the New American Gulag, Star Chambers in the DOJ that call themselves “courts,” and the elimination of the legal immigration system without legislation show just how ineffectual the Article III Courts have been overall in enforcing due process, equal justice, and human rights in the face of Executive tyranny and grotesque misfeasance. 

The folks who launched these fantastically illegal and disingenuous proposals to eliminate asylum, harm, and kill vulnerable individuals deserving protection largely based on White Nationalist racial animus obviously have deep disrespect not only for the rule of law but for humanity as a whole. That they they can get away with it and continue to openly promote their false and illegal agenda shows how little the Article III Courts actually have done to stem the unconstitutional tide of irrational, race-based actions by a thoroughly corrupt Administration over the past three years.

Ask folks rotting in Mexico, orbited to torture without hearings, separated from their family members, suffering in squalor and disease in the Gulag for no crime, or watching their chance to immigrate legally go down the drain how that “rule of law” is working out for them. Until the Article III Courts as an institution confront the real problems here: Trump’s dishonesty, White Nationalism, xenophobia, and institutional racism, all of which violate the Constitution, the “rule of law” will only be a reality for some. America deserves better from our Article III judges. I can only hope that some day we will get it.

PWS

06-19-20

 

1ST CIR. — EOIR’S SCOFFLAW “HASTE MAKES WASTE” DENIALS OF COUNSEL UNDER BARR WILL BUILD BACKLOG  — Hernandez-Lara v. Barr

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

Dan Kowalski reports for Lexis Nexis Immigration Community:

CA1 on Right to Counsel: Hernandez Lara v. Barr

Hernandez Lara v. Barr

“Hernandez petitions for review on multiple grounds, but we need decide only one. Concluding that the IJ denied Hernandez her statutory right to be represented by the counsel of her choice, we grant the petition, vacate the BIA’s decision, and remand for further proceedings consistent with this decision.”

[Hats way off to Sang Yeob Kim and Eloa J. Celedon, with whom Harvey Kaplan, Gilles Bissonnette, Henry Klementowicz, the American Civil Liberties Union of New Hampshire, and Celedon Law were on brief, for petitioner; Deirdre M. Giblin, Iris Gomez, and Massachusetts Law Reform Institute on brief for Massachusetts Law Reform Institute, American Immigration Lawyers Association New England Chapter, Boston College Law School Immigration Clinic, Boston University Immigrants’ Rights and Human Trafficking Program, Catholic Charities of the Archdiocese of Boston, Catholic Social Services of Fall River, Central West Justice Center, DeNovo Center for Justice and Healing, Greater Boston Legal Services, Immigrant Legal Advocacy Project, Justice Center of Southeast Massachusetts, MetroWest Legal Services, The Northeast Justice Center, Political Asylum/Immigration Representation Project, and University of Massachusetts Dartmouth Immigration Law Clinic, amici curiae!]

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

Read the full decision and you will see how under Barr’s White Nationalist “leadership,” the EOIR ignores not only constitutionally required due process, the statutory right to counsel, but also prior BIA precedent to screw (largely Latino) asylum seekers. The First Circuit recognizes the correct standards. But, I’ll wager they aren’t being applied in most of the unrepresented cases now being railroaded through the Immigration Courts. Nobody in charge is doing anything to stop the systemic, invidiously racially motivated unfairness.

We’re still a long way from enforcing the Constitution and eliminating unconstitutional racism, including specifically the Government’s vile attacks on Latino and other asylum applicants. 

While thankfully Chief Justice Roberts saved lives and futures today, he and seven of his colleagues also ignored the facts to endorse the Trump regime’s institutional racism targeting Latinos with various assaults on immigration laws, due process, and human decency. His protestations to the contrary as he and his colleagues brushed off the obvious Equal Protection violations that would have been proved fail the “straight face test.”  https://slate.com/news-and-politics/2020/06/john-roberts-daca-racist-policies-equal-protection.html.

Indeed, that Roberts found that the Administration acted without rational explanations as required by the APA in and of itself basically shows that there were “other motivations” for the actions. I’m not sure the “prime movers” behind the “Screw Dreamers” policy even know what the APA is. Sessions’s “legal analysis” that was nothing of the sort — as observed by some lower courts — could have been written by a sixth grader.

Sadly, only Justice Sonia Sotomayor had the intellectual honesty and courage to speak truth on the continuing racism of Trump and the GOP and how it is being enabled by her colleagues on the Supremes.

Whatever progress members of the the public might think they are making on achieving racial justice isn’t reflected in the continuing insultingly intellectually dishonest actions of many of those who lead and control our Government. They obviously believe that with a few cosmetic (at best) changes this moment will pass, as have other efforts to make the Constitution a reality for all in America.

Then they can resume the same abuses and disingenuous claims that institutional racism no longer exists in a system where it is deeply and intentionally ingrained. But, the folks who are victimized by it might continue to differ with this bogus view. Since, as we have recently learned, they are often the ones who have and continue to prop up our society, that’s going to be a long-term problem for future generations.

We’ll never get to equality without regime change. Nor will be get to a better Federal Judiciary who will make the Constitutional guarantee of elimination of racial injustice a priority and a reality without an Executive, a Senate, and more judges who really believe in it. Until then, those who believe in racial justice will have to continue the battle in the trenches. Denial of the reality of racism in America won’t change it, no matter what the majority of the Supremes might claim to think.

Due Process Forever!

PWS

06-18-20 

IMAGINE: How Would YOU Like To Be Judged in America’s Star Chambers?

 

Me

IMAGINE: How Would YOU Like To Be Judged in America’s Star Chambers?

By Paul Wickham Schmidt

Special to Courtside

June 14, 2020

Imagine yourself in a foreign land. You don’t speak the language, and you don’t know the rules. You’re arrested for a minor crime. You think you have a plausible defense. But, it could result in capital punishment. You are detained in squalid conditions. You’re hauled before a court. The bond is ludicrously high, set by the prosecutor and judge under rules they make up as they go along. You don’t have a lawyer because you can’t afford one. The “judge” is appointed by the chief prosecutor. The judge herself is a former prosecutor. The prosecutor makes the rules. 

If you win, the prosecutor can appeal to a body stacked in his or her favor. If you lose, you can appeal to a tribunal hand-selected by the chief prosecutor because of their harshness and votes to convict more than 90% of the time. If, against those odds, you still win acquittal, the chief prosecutor can take over the case, rewrite the rules, and change the verdict to guilty. In the meantime, you’ll remain imprisoned in the “Gulag.”

Doesn’t sound like much fun does it? Am I describing something out of a third-world dictatorship or a Kafka novel?  Absolutely not! This system operates right here in our United States of America, right now.

It’s chewing up and spitting out the lives of men, women, and even children who are supposed to receive due process and fundamental fairness and instead get the exact opposite. It’s enabled by Supreme Court Justices, Federal Judges, legislators, and public officials who won’t stand up for the legal and Constitutional rights of migrants and asylum seekers in the face of grotesque Executive abuses.

It’s called the U.S. Immigration Court. It exists in a “Constitution & humanity-free zone.” It’s run by Chief Prosecutor Billy Barr and his subordinates at the U.S. Department of Justice (“DOJ”). It’s not really a “court” at all, by any rational definition. 

No, it’s a national disgrace and an intentional perversion of the constitutional right to due process, fundamental fairness, and human dignity. It’s also an unmitigated management disaster where DOJ-promoted  “Aimless Docket Reshuffling” (“ADR”) has built an astounding 1.4 million case backlog with cases stretching out beyond the next Administration, even after doubling the number of “judges.” More judges means more backlog in this wacko system.

In the words of my friend and fellow panelist, Ira Kurzban, “this is not normal.” Yet complicit public officials, legislators, and life-tenured Federal Judges continue to “normalize” “America’s Star Chambers” and their biased, race-driven nativist attack on our Constitution and our humanity!

It needs to change. But, all three branches of our government currently lack the courage, leadership, and integrity to make “equal justice under law” a reality rather than just a slogan.

The three things I would do right up front are:

First, remove the Immigration Courts from the DOJ and create an independent, Article I U.S. Immigration Court as recommended by ABA President Judy Perry Martinez, the FBA, the NAIJ, AILA and almost all other true experts in the field.

Second, return the Immigration Courts to their previous noble mission of “through teamwork and innovation, be the world’s best tribunals guaranteeing fairness and due process for all.” End the disgraceful, unlawful, unconstitutional use of the Immigration Courts as a tool of DHS Enforcement, a deterrent, and a weaponized enforcer of a nativist, anti-human-rights agenda.

Third, replace the current highly-biased, one-sided judicial hiring system with a merit-based hiring process that properly weighs and credits demonstrated fairness, scholarship in immigration and human rights, experience representing asylum seekers and other migrants, and involves meaningful public input in judicial selections. Since 2000, the current skewed system has favored prosecutors and other “government insiders” by a ratio of more than 9-1, and has totally excluded private sector candidates from appellate judgeships at the Board of Immigration Appeals (“BIA”).

Our Constitution requires “equal justice for all.” To achieve it, we need public officials, legislators, Supreme Court Justices, and other Federal Judges who actually believe in it. That means real change in all three branches of our failing (and worse) Federal Government. Due Process Forever; Corrupt Officials, Feckless Legislators, and Complicit Courts, Never!

This is derived from my virtual panel presentation before the ABA Section on International Law on June 8, 2020.

© Paul Wickham Schmidt. 2020.

KAKISTOCRACY KORNER:  Catherine Rampell @ WashPost Shows How Regime’s Maliciously Incompetent White Nationalist Stupidity @ USCIS Has Bankrupted Once-Profitable Agency! PLUS: Once Again, Failed Supremes Big Part of The Problem! — What’s The Purpose of A Court That Promotes Injustice And Fails To Resist Evil?

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/trump-is-so-set-on-harassing-immigrants-that-his-immigration-agency-needs-a-bailout/2020/06/11/52c2ae06-ac1b-11ea-9063-e69bd6520940_story.html

Catherine writes:

The immigration agency admonishing immigrants to pull themselves up by their bootstraps seems to have destroyed its own boots.

For three years, U.S. Citizenship and Immigration Services — the federal agency that processes visas, work permits and naturalizations — has lectured immigrants about how they should become more self-sufficient. It has alleged, without evidence, that too many immigrants are on the dole. (Actually, immigrants pay more in taxes than they receive in federal benefits, and the foreign-born use fewer federal benefits than do their native-born counterparts.)

The agency implemented a broad, and likely illegal, rule allegedly designed to weed out immigrants who might ever be tempted to become a “public charge” and try to benefit from taxpayer largesse.

Well, now USCIS is broke — and is trying to become a “public charge” itself, by begging Congress for a bailout.

The agency is funded almost entirely by user fees, rather than congressional appropriations. But under President Trump’s leadership, it has mismanaged its finances so badly that it has sought an emergency $1.2 billion infusion from taxpayers.

Unless it get a bailout, the agency will furlough three-quarters of its workforce next month, Government Executive reported Thursday.

The agency claims it’s a novel coronavirus victim. No doubt, the covid-19 pandemic has disrupted operations. But USCIS was in financial trouble long before the virus’s outbreak.

[[Full coverage of the coronavirus pandemic]]

It acknowledged as much in public documents last fall, when it proposed a massive increase in user fees because of large projected budget deficits.

It didn’t have to be this way. When Trump took office, USCIS inherited a budget surplus. Last year, the agency saw record highs in both revenue and revenue per user.

So what went wrong?

The administration has frittered away funds on phantom cases of immigration fraud — which, like the president’s allegations of voter fraud, it has struggled to prove is an actual widespread problem that’s been going undetected.

USCIS has siphoned resources to create a denaturalization task force, which strips citizenship from immigrants found to have lied or otherwise cheated on applications. Last year, the agency revealed intentions to double the size of its fraud detection unit.

The bigger drain on resources, though, is its deliberate creation of more busy work for immigrants and their lawyers — as well as thousands of USCIS employees. These changes are designed to make it harder for people to apply for, receive or retain lawful immigration status.

For instance, the agency has demanded more unnecessary documentation (“requests for evidence”) and more duplicative, mandatory in-person interviews. Previously, staffers had more discretion to determine whether these interviews were necessary.

Staffers have been directed to comb through applications looking for minor (frivolous) reasons to reject otherwise eligible applicants.

. . . .

The American Immigration Lawyers Association and the American Immigration Council offer a few obvious suggestions, including eliminating some of the stupid processing requirements that raise costs for both applicants and USCIS without actually adding value. Other ways to reduce costs include holding virtual naturalization oath ceremonies and allowing electronic payments for everything.

Congress could also demand the agency raise more money on its own, without gouging, say, poor asylum seekers. For instance, it could expand the cash cow known as “premium processing” (faster processing, for a fee) to more types of its applications.

Finally, get rid of the “public charge” rule. It’s a perfect example of everything that got USCIS into this mess: an expensive-to-administer — and, again, likely illegal — solution in search of a problem, whose only purpose is to punish immigrants just trying to follow the law.

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

Read the rest of Catherine’s article at the link.

Wow, what a terrific analysis! The “problems” were self-created by a regime with an irrational, White Nationalist, racist agenda. The solutions are actually quite obvious and readily available, as Catherine points out. But, they won’t happen until Trump is removed from office.

Catherine also raises a larger problem in America’s abject failure to insist on constitutionally-required social justice for everyone, regardless of color, status, or ethnicity. Stephen Miller’s racist changes in the public charge regulations never should have happened. It’s not rocket science. It’s Con Law 101, Administrative Law 101, with a dose of common sense and human decency thrown in.

In fact, the lower Federal Courts spotted the “racist stink-bomb” in Miller’s idiotic public charge changes right from the “git go” and  properly stopped the change in its tracks. But, a GOP Supremes’ majority improperly granted Solicitor General Francisco’s unethical and blatantly disingenuous request for a stay of the injunction, providing no reasoning for their outrageous conduct. Four Justices dissented, led by Justice Sotomayor who lodged a vigorous dissent exposing the unlawful favoritism shown by her GOP colleagues to the Trump/Miller racist immigration agenda. https://immigrationcourtside.com/2020/02/22/complicity-watch-justice-sonia-sotomayor-calls-out-men-in-black-for-perverting-rules-to-advance-trump-miller-white-nationalist-nativist-immigration-agenda/

The current racial crisis, failure to achieve Constitutionally-required equal justice for all, and perhaps worst of all pandering to obviously fabricated pretexts for the Trump regime’s racist agenda, particularly as it has targeted asylum seekers and migrants of color, can be laid to no small degree at the feet of five GOP-appointed Supreme Court Justices disgracefully led by our failed Chief Justice.

They have failed to achieve and enforce equal justice for all because they don’t believe in what our Constitution requires. Millions of individuals who are neither lawyers nor judges know exactly what our Constitution requires and what morality and simple human decency mandates. It’s the exact opposite of what Trump stands for.

But, a Supremes’ majority that neither believes in Constitutional due process and equal justice for all nor possesses the guts and human decency to stand up to an overtly racist President and his toadies will continue to be part of the problem, rather than the solution to the blatant injustices that currently plague our society.

I’m certainly not the only former judge to recognize the intellectual dishonesty and moral corruption at the heart of today’s failed Supremes!

https://immigrationcourtside.com/2020/03/12/u-s-district-judge-lynn-s-adelman-channels-courtside-blasts-roberts-company-for-aiding-the-forces-seeking-to-destroy-our-democracy-instead-of-doing-w/

America needs and deserves better Justices who believe in and stand up for equal justice. Our Supremes’ institutional failure isn’t an exercise in legal academics or legitimate intellectual differences of opinion, like the majority often pretends. 

No, bad judging injures, maims, and kills people every day. It undermines the health and safety of America every day. It allows baby jails and star chambers to flourish in our midst. It allows the illegal return of refugees to the dangerous countries they fled without any process at all, let alone “due” process. In enables corrupt Government officials to propose an outrageously unlawful, malicious, bogus, misogynist, and evil “administrative repeal” of asylum accompanied by a battery of racist-inspired lies because they know there is no legal accountability for their reprehensible conduct so long as the J.R. Five is there to protect their misdeeds. It allows police officers to act believing they won’t be held accountable for killing George Floyd.

It’s no wonder that democracy is crumbling before our eyes when the majority of Justices charged with protecting it place loyalty to a political party and its immoral, unqualified leader, perhaps the greatest threat to our democracy and the rule of law in our history, above the common good.

Due Process Forever. Complicit, Racism-Enabling Courts, Never!

PWS

 06-12-20

IN HIS OWN WORDS: AMERICA’S LEADING WHITE NATIONALIST “PUBLIC-CHARGE” TELLS YOU EXACTLY WHY REAL RACIAL JUSTICE CAN’T BE ACHIEVED WITHOUT “REGIME CHANGE” — As Arranged & Compiled by Dana Milbank of the WashPost — Plus: Why We Won’t Achieve Equal Justice for All With a Court That Doesn’t Believe in It!

Trump Refugee Policy
Trump Refugee Policy
Dana Milbank
Dana Milbank
Opinion Columnist
Washington Post

 

Dana Milbank in the Washington Post:

Opinions
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Here is Trump’s speech on race — word for word, alas

By
Dana Milbank
Columnist
June 10, 2020 at 7:15 p.m. EDT
President Trump’s planned address to the nation on race, American Urban Radio’s April Ryan reports, is being written by none other than Stephen Miller, a Trump aide and aficionado of white nationalism.

This is bound to raise a fuhrer. What next? Paul Manafort drafting a presidential address on business ethics?
But Miller can stand down. Trump has already given his remarks on race — many times, in fact. Here they are, entirely in Trump’s own words, excerpted:
I have a great relationship with the blacks. I’ve always had a great relationship with the blacks. Oh, look at my African American over here. Look at him.
Nobody has ever done for the black community what President Trump has done. My Admin has done more for the Black Community than any President since Abraham Lincoln. George [Floyd] is looking down right now and saying this is a great thing that is happening for our country. A great day for him.

Diamond and Silk, you’re so, so great. Thank you, Kanye, thank you. Frederick Douglass is an example of somebody who’s done an amazing job and is getting recognized more and more, I notice.
Think of this: Blacks for Trump, Black Voices for Trump, African Americans for Trump. Call it whatever the hell you want. I have a group of African American guys and gals, by the way, that follow me around, and they think I pay them and I don’t.
A well-educated black has a tremendous advantage over a well-educated white in terms of the job market. If I were starting off today, I would love to be a well-educated black, because I believe they do have an actual advantage. Sadly, because President Obama has done such a poor job as president, you won’t see another black president for generations!

To the African American community, I say what the hell do you have to lose? You’re living in poverty. Your schools are no good. You have no jobs. Fifty-eight percent of your youth is unemployed. Last in crime, last in this, last in homeownership, last in the economy, lowest wages. Our inner cities are a disaster. You get shot walking to the store. They have no education, they have no jobs.

Wouldn’t you love to see one of these NFL owners, when somebody disrespects our flag, to say, “Get that son of a bitch off the field right now”?
Why is so much money sent to the Elijah Cummings district when it is considered the worst run and most dangerous anywhere in the United States? No human being would want to live there. A disgusting, rat and rodent infested mess. Congressman John Lewis should spend more time on fixing and helping his district, which is in horrible shape and falling apart (not to mention crime infested).

So interesting to see ‘Progressive’ Democrat Congresswomen, who originally came from countries whose governments are a complete and total catastrophe. Why don’t they go back and help fix the totally broken and crime infested places from which they came?
Why do we need more Haitians? Why are we having people from all these shithole countries come here? We should have more people from places like Norway.

An ‘extremely credible source’ has called my office and told me that @BarackObama’s birth certificate is a fraud. His grandmother in Kenya said, “Oh, no, he was born in Kenya.” A lot of people do not think it was an authentic certificate.
You ever see Maxine Waters? A low-IQ individual. LeBron James was just interviewed by the dumbest man on television, Don Lemon. He made LeBron look smart, which isn’t easy to do.

What has happened to the respect for authority, the fear of retribution by the courts, society and the police? Let our politicians give back our police department’s power to keep us safe. Unshackle them from the constant chant of “police brutality.” BRING BACK THE DEATH PENALTY AND BRING BACK OUR POLICE!
You also had people that were very fine people on both sides. You had people in that group that were there to protest the taking down of, to them, a very, very important statue and the renaming of a park, from Robert E. Lee to another name. Robert E. Lee was a great general. They’re trying to take away our culture. A Great American Heritage.

I know nothing about David Duke. I know nothing about white supremacists. All Republicans must remember what they are witnessing here — a lynching. I am the least racist person that you’ve ever encountered. I don’t have a Racist bone in my body!

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

So, you think a speech on race written by neo-Nazi racist Stephen Miller is going to bring the nation together and solve the problem of racial injustice? The very idea is so totally absurd that it shows why we won’t have anything approaching racial justice in America until Trump and the GOP are removed from power.

It can’t happen. The regime won’t allow it. And, we have a Supremes’ majority unwilling to stand up for justice in America. Heck, Trump could claim that an end of laws promoting racial justice is necessary because of COVID-19 and the “JR Five” would say “right on.” In case you haven’t noticed, Trump is a total legislative failure; he merely rules by Executive Decree. And the JR Five doesn’t bat an eye as democracy goes down the drain.

Miller, of course, is the architect of Trump’s White Nationalist racist attack program on the asylum system and other parts of our immigration laws and constitutional due process for persons of color. It’s called “Dred Scottification” or “dehumanization of the other.”

George Floyd was a tragic example, but by no means the only one. Ask separated families, caged kids, asylum applicants returned to constant danger and squalid conditions in Mexico, women and children “orbited” back to face torture and death in the Northern Triangle without hearings, Muslim refugees stuck in horrible camps and separated from families forever, non-criminals suffering in inhumane conditions in the “New American Gulag” primarily because of the color of their skin, Latinos too scared to seek the health care they need and are entitled to because of the “public charge” travesty, “Dreamers” left to twist in the wind so that they can be “bargaining chips”for politicos, or Blacks and Latinos intentionally disenfranchised from having their vote count by the GOP, to name just a few.

Of course, Miller’s real targets are all (non-GOP) people of color — Latino asylum seekers and migrants are just “first in line” because higher Federal Courts seem largely unwilling to recognize and stand up for their legal and Constitutional rights as well as their right to be treated with respect and human dignity. But, you can bet they won’t be the last of “the others” targeted by the Trump/Miller/Barr/Wolf/Cotton White Nationalist agenda.

The bigger problem is that the Trump/Miller racial agenda has “admirers in high places:” None other than John Roberts and four of his GOP-appointed colleagues on the Supremes. When lower Federal Courts have quickly and emphatically quashed the various outrageous White Nationalist assaults on our Constitution, laws, and human decency, the “JR Five” has been right there to intervene. There is no obvious pretext, legally disingenuous argument, or xenophobic racist myth that Trump Toady Solicitor General Noel Francisco can utter that wouldn’t find favor with “The Five.”

They even bend the rules so that Francisco and his ethics-free team of White Nationalist apologists won’t have to go through the trauma of defending their bogus, unethical, and morally repugnant positions in lower Federal Courts, like other “peons” in “The Five’s” twisted, distorted, and privileged legal world are forced to do.

In a show of extreme bias, toadyness, and complete tone-deafness, several Justices have even publicly bemoaned the fact that Trump and Francisco have to deal with the indignity of nationwide injunctions against the regime’s assaults on the rule of law. Why not make unrepresented migrants of color and those with pro bono lawyers have to win before all 600 some Federal District Judges to stop the abuse?

Why would folks with such feeble understanding of due process, asylum law, human rights, what really goes on in Immigration Court, what it’s like to be a lawyer defending migrants in a systemically biased, patently unfair system, and the real human lives and futures being ground into mush by the likes of Miller, Sessions, and Barr even be on the Supreme Court in the first place!

Actually knowing how the law works on human lives, experiencing the practical effects of bad judging, and having represented the most vulnerable trying to make their way through our “intentionally user unfriendly” system is 10x more important for a qualified Justice than an Ivy League law degree and fancy political connections. If we really want “equal justice for all” in America, rather than just another snappy buzz-phrase, we’ve been looking at the wrong candidates for our highest Federal Courts!

Does anyone really think that America would still have “Baby Jails” and “Immigration Star Chambers” if the Justices on our highest Court had actually experienced Professor Phil Schrag’s Baby Jails: The Fight to End The Incarceration of Refugee Children in America?” Of course not! But, “Baby Jails” are alive and well in America today, while the Supremes dither over how else to advance Trump’s agenda. Moral leadership and the courage to “just say no” to tyranny and racism counts! But, you wouldn’t know it by today’s Supremes’ majority.

How do we expect to achieve equal justice for all with a majority of Justices who lack the knowledge and experience to make the Constitution function in the real world? They also lack the human empathy, flexibility, ambition, and philosophical inclination to learn from others and make amends for their past mistakes. By, their often wooden, tone-deaf, and sometimes intentionally incomprehensible jurisprudence they show that they fully intend to retain their blind spots and continue making the same mistakes that promote inequality and injustice until someone stops them.

Of course there is institutionalized racism in America! How can it be otherwise when we have allowed a political party led by an overt racist like Trump to be in charge of our institutions?

Dr. Martin Luther King said “Injustice anywhere is a threat to justice everywhere.” That’s why the murder of George Floyd affects us all.

I understand Dr. King’s message; you understand it. But a majority of the Supremes neither understand it nor are willing to honor it. Until we get a Court where the majority of the Justices actually believe in and stand up for equal justice under law, we won’t achieve it as a nation.

America needs and deserves a better Supreme Court. November is perhaps our last chance to start the process of change that we will need to move our nation forward to a future with equal justice for all. We can’t get there as long as we have a majority of Justices who share, enable, and support Trump’s and Miller’s belief that black, brown, and immigrant lives don’t matter and act accordingly.

Due Process Forever! Complicit Courts That Enable Injustice, Never!

PWS

06-11-20

EX-US JUDGE UNLOADS TRUTH IN USDC FILING ABOUT BILLY BARR’S ATTEMPT TO SUBVERT JUSTICE BY UNDOING FLYNN PROSECUTION: Corrupt, Dishonest, Unethical, Unprofessional – DOJ’s Request to Dismiss Flynn Prosecution is “Preposterous” – Our Police Departments Aren’t The Only Part of Our Foundering, Rudderless, & Disturbingly Ineffective, Racially & Morally “Tone-Deaf” Justice System That Needs Substantial & Meaningful Reform!        

Pete Williams
Pete Williams
Justice Correspondent
NBC News

https://www.nbcnews.com/politics/justice-department/preposterous-court-appointed-lawyer-michael-flynn-case-slams-doj-attempt-n1229336

 

Pete Williams reports for NBC News:

 

WASHINGTON — The retired judge appointed to act as a friend of the court in the Michael Flynn case strongly urged the court Wednesday not to let the Justice Department abandon the prosecution.

In a scorching 83-page submission, John Gleeson said the government’s move to drop the case was “riddled with inexplicable and elementary errors of law and fact,” which were contradicted by the positions it has taken in other false statement cases and by its own previous court filings about Flynn’s conduct as well as his decisions to plead guilty twice.

“Even recognizing that the Government is entitled to deference in assessing the strength of its case, these claims are not credible,” the retired judge wrote. “Indeed, they are preposterous. For starters — and most unusually — they are directly and decisively disproven by the Government’s own briefs filed just months ago in this very proceeding.”

Gleeson said judges must ordinarily defer to the wishes of the Justice Department about whether to pursue a prosecution, but not when the motives of the government are suspect. In Flynn’s case, the government’s move to dismiss the case “is based solely on the fact that Flynn is an ally of President Trump.”

Federal District Court Judge Emmet Sullivan of Washington appointed Gleeson to submit arguments about why the government should not be allowed to drop the case, so that Sullivan could consider both sides.

The appointment came after the Justice Department last month asked the judge to dismiss the case, having determined that even if Flynn lied to FBI agents in early 2017 about his phone calls with Russia’s ambassador to the U.S., his lies were not “material” to any investigation and did not, therefore, violate the false statement law at the heart of his case.

Flynn told the FBI that he did talk to Ambassador Sergey Kislyak during the Trump transition but denied that they talked about Russia’s response to the latest Obama sanctions or about a forthcoming UN vote. He later admitted that both those statements were untrue.

Those statements, Gleeson said, were clearly important to the FBI’s investigation into potential connections between the Trump campaign and the Russian government.

“It is hard to conceive of a more material false statement than this one,” Gleeson said.

Gleeson said without any firm legal basis for wanting to drop the case, the only other reason must be Flynn’s relationship with Trump. Wednesday’s brief noted that the president tweeted or re-tweeted about Flynn at least 100 times since March 2017.

Clearly the president is personally invested in ensuring that Flynn’s prosecution ends, Gleeson said, adding, “Everything about this irregular.”

. . . .

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

Read the rest of Pete’s article at the link.

Add this to the absolute legal, ethical, constitutional, and management disaster going in in the U.S. Immigration Courts under Barr’s “maliciously incompetent” management, and the case for removing him from office is overwhelming. Won’t happen. But, it should!

Actually, filing a “preposterous motion” backed by clearly untrue assertions is a clear violation of an attorney’s role as an “officer of the court” owing “candor to the tribunal.” If Barr were a private practitioner, it would likely earn him a referral to his state bar authorities for possible discipline or license revocation.

But, in Federal Courts these days the “undue deference” and unfairly favorable treatment of DOJ attorneys continues. It has actually been institutionalized, and even unjustly rewarded, by the Supremes. Talk about encouraging worst practices and highlighting “negative role models!”

The whole ethical debacle of the Trump Administration DOJ and the overall feckless performance of our Federal Courts, particularly the Supremes and certain Circuit Courts of Appeals, at halting clear Executive abuses and requiring honesty and professionalism (including rejecting racist or religiously bigoted agendas) from the Federal Government before tribunals cries out for a serious re-examination of: 1) who should be sitting on the Federal Bench; 2) what ethical standards they should be held to; and 3) the undue favoritism and leniency traditionally shown by Federal Courts to Government lawyers engaging in misrepresentations, sloppy work, promoting pretexts for overtly racist agendas, and constantly using dilatory litigation tactics intended to punish individual litigants for asserting their legal rights.

The last three years have shown that better Federal Judges and much more courageous, effective judicial leadership committed to guaranteeing due process and fairness for all is absolutely necessary for our nation to achieve “equal justice under law.” The current sorry state of the Article III Judiciary shows that police departments are not the only part of our broken justice system that needs reform and some “different faces” to achieve equal justice under law. As a nation, we can’t achieve social and racial justice with the gang that promoted, enabled, and in some cases even encouraged injustice in charge. And, that goes for all three failed branches of our Federal Government.

George Floyd’s death should never have happened; nor should families be separated, kids put in cages, legal asylum applicants told to rot in Mexico, and Billy Barr be allowed to operate unconstitutional “Star Chambers” masquerading as “courts” (when they are nothing of the sort). The problems in our justice system go much deeper than the Minneapolis Police Department!

Yes, they can be solved! But, not without some new faces, new approaches, and some progressive thinking and input from all of society, particularly our younger generations! You have to believe in equal justice to achieve equal justice! We can’t get there with the current gang of “non-believers” in charge and promoting their failed, and all too often overtly or covertly racially biased, agendas.

Due Process Forever!

This November, vote like your life depends on it! Because it does!

PWS

06-11-20

 

 

MILLER, OTHER TRUMP WHITE NATIONALISTS SEEK TO FURTHER DISHONESTLY EXPLOIT THE PANDEMIC TO ENACT NATIVIST IMMIGRATION PROGRAM W/O CONGRESS – Counting On Supremes & Feckless Federal Courts To Go “Belly Up” On Regime’s Racist, Xenophobic Agenda!

Priscilla Alvarez
CNN Digital Expansion 2019, Priscilla Alvarez
Politics Reporter, CNN

https://apple.news/A4blmWGWoQ1GmZyfSpSkpUw

Priscilla Alvarez reports for CNN:

White House prepares new immigration limits, using coronavirus as cover

7:40 PM EDT June 9, 2020
Washington

The Trump administration is preparing to roll outanother set of restrictions on legal immigration, citing the impact of the coronavirus pandemic, even as it argues for the reopening of the US economy, according to sources familiar with the deliberations.

Despite a push from President Donald Trump to move past the pandemic, the administration is continuing to usher forward immigration measures, citing the outbreak and its toll on the economy.

One of the key figures behind the push to limit immigration is Stephen Miller, Trump’s lead immigration adviser and the architect of the President’s hardline immigration agenda. In April, Trump signed an executive order barring some immigration to the US after teasing an outright ban on immigration to the country. Trump argued that the order was needed to protect American jobs.

Against the backdrop of the coronavirus pandemic, the administration has pressed forward with a series of immigration measures that, prior to coronavirus, had struggled to break through. Among those changes is the closure of the southern border to migrants, including those seeking asylum, unless certain conditions are met.

After the President’s April proclamation, Miller cast the move as a first step toward reducing the flow of immigrants coming into the United States. That proclamation set up deadlines for review, one of which is approaching this weekend, and left the possibility open for its extension or modification.

The economic argument is expected to be raised again in an anticipated expansion or new immigration executive order. While Trump has touted recent job numbers,unemployment numbers remain high — though businesses have said in a series of letters to the President that continued immigration is important for economic recovery.

Interest groups, businesses and experts are fighting any new restrictions, saying that visas allowing immigrants to temporarily work in the US are critical to the economy.

“Why would he want to cut off critical workforce that will help the economy recover?” said Greg Chen, director of government relations for the American Immigration Lawyers Association.

“It’s not a rational or reasonable approach to the stated goals of what they’re trying to achieve, which only points to the underlying purpose of effectuating the President’s campaign goals of cutting off immigration,” Chen added.

Trump pledged the previous order would “ensure that unemployed Americans of all backgrounds will be first in line for jobs as our economy reopens.”

The White House did not immediately comment for this story.

CNN previously reported that Trump’s political advisers view the immigration steps as motivating for his base supporters at a moment when the President’s key election message — a strong economy — is badly weakened by the pandemic.

Legal immigration, which has already taken a hit during the outbreak, is again in focus in deliberations about an anticipated immigration executive order.

. . . .

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

Read the rest of Priscilla’s article at the link.

Emboldened by the lack of judicial pushback and absence of legal and moral leadership from the Supremes on racial injustice, the regime is planning an all-out assault on non-white immigration with coronavirus as a cover. Blacks and Latinos have already been disproportionately affected by the Cornoavirus, which has been of little concern to Trump except as it relates to his reelection schemes. Now, sensing lack of support for racial justice from a Federal Judiciary already stacked with far rightists raced by Mitch through the Senate, Trump, Miller, Barr, Wolf, and their cronies see a chance to further their dehumanization and “Dred Scottification” of the other.

Sure, it’s despicable! But, when those whose responsibility it is to promote racial justice and resist Executive abuses go AWOL, that’s what tyrants do! Even incompetent tyrants can sense institutional weaknesses and lack of moral leadership in others.

 

PWS

06-10-20

BIGOTED BULLY BILLY BARR BRUTALLY BATTERS U.S. JUSTICE SYSYEM: B/T/W He Also Runs America’s Most Screwed Up, & Most Clearly Unconstitutional “Court” System Right Under The Noses of Feckless Article III Judges! — It’s Not “Justice” — Just The Open Fraud That Passes For Justice When Democratic Institutions & Moral Leadership Fails — Barr’s DOJ is a “Thugocracy,” Says Post’s Dana Milbank!

Bigoted Bully Billy Barr Brutalizes Justice as Federal Courts Fail
Bigoted Bully Billy Barr Brutalizes Justice as Federal Courts Fail
Dana Milbank
Dana Milbank
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/2020/06/09/so-this-is-why-bill-barr-is-such-bully/

Milbank writes in WashPost:

Police in Buffalo shove a 75-year-old man to the ground and blood pours from his ear. Police in Brooklyn knock down a young woman and call her a “bitch” because she asked why she had to leave the street. Federal authorities in Washington fire tear gas at peaceful demonstrators, then lie about it.

Get the feeling law enforcement in this country is being run by a middle-school bully?

If so, you are not wrong.

Childhood bullies have a predisposition to become adult bullies, research shows, and, sure enough, it seems Attorney General William Barr was a teenage bully more than 50 years ago.

Back in 1991, during Barr’s confirmation to be George H.W. Bush’s attorney general, lawyer Jimmy Lohman, who overlapped with Barr at New York’s Horace Mann School and later Columbia University, wrote a piece for the little-known Florida Flambeau newspaper about Barr being “my very own high-school tormentor” — a “classic bully” and “power abuser” in the 1960s who “put the crunch on me every chance [he] got.”

Nobody noticed the Flambeau piece at the time, but Lohman posted it on Facebook when President Trump nominated Barr in 2018, and it took on “a life of its own,” Lohman told me Tuesday from Austin, where Post researcher Alice Crites tracked him down. The article resurfaces in social media each time Barr does something unconscionable — which is often.

The 1991 description of 1963 Barr’s harassment sounds eerily like the 2020 Barr. He “lived to make me miserable,” with a “vicious fixation on my little Jewish ‘commie’ ass,” Lohman alleged, because he wore peace and racial-equality pins. He said the four Barr brothers picketed the school’s “Junior Carnival” because proceeds went to the NAACP, and he alleged that Billy Barr, the “most fanatic rightist” of the four, later “teamed with the New York City riot police to attack anti-war protesters and ‘long hairs.’ ”

The 1991 article says Barr, a “sadistic kid,” has “come a long way from terrorizing seventh graders just because they wore racial equality buttons.” The Justice Department didn’t respond to my request for comment.

Lohman’s account is consistent with Marie Brenner’s reporting for Vanity Fair: “A few who knew the Barr boys came to call them ‘the bully Barrs’; the siblings, these former classmates claimed, could be intimidating.” A petition from Horace Mann alumni asks the school to “rethink” an award for Barr, who “violated our school’s Core Values of Mutual Respect and Mature Behavior.”

Historian Paul Cronin, in Politico this week, says Barr was part of the “Majority Coalition” at Columbia that fought antiwar demonstrators. Barr had told the New York Times Magazine he was part of a “fistfight” in which “over a dozen people went to the hospital.” Cronin noted: “There appears to be no record of any trip to the hospital.”

Now Barr exaggerates violence on a grand scale. After he directed the forceful eviction of peaceful demonstrators from Lafayette Square, he claimed to Fox News on Monday that the image of peaceful demonstrators was “miscreated” to ignore “all the violence that was happening preceding that.” He alleged that there were two “bottles thrown at me” when he surveyed the scene; footage showed him at a safe distance. He charged that previously “things were so bad that the Secret Service recommended that the president go down to the bunker”; Trump claimed it was merely a bunker “inspection.”

. . . .

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

Read the rest of Dana’s article at the link. 

Sadistic kid grows up to be racist bully, becomes Attorney General, institutes thugocracy, perverts justice, enabled by courts who look the other way. Wow! What a “great American success story.”

What’s the purpose of an independent life-tenured judiciary that lacks the courage, integrity, and commitment to our Constitution to hold Barr accountable for his attacks on truth, the rule of law, and human decency? 

The road from Buffalo, Minneapolis, and Lafayette Park leads directly to the Supremes’ failure of legal and moral leadership. “Equal justice for all” will never become a reality until we get a Supremes’ majority that actually believes in it and has the guts to make it happen! When judges will neither admit nor engage the problem, they are the problem!

Better judges for a better, fairer, more equal America!

Due Process Forever!

PWS

06-10-20

AMERICA’S FLAILING & FAILING JUDICIARY: ACHIEVING “EQUAL JUSTICE FOR ALL” REQUIRES COURAGEOUS AND EMPATHETIC JUDICIAL LEADERSHIP — Don’t Expect It From A Supremes’ Majority Firmly Wedded to Promoting “Dred-Scottification” (De-Humanization) of “The Other!”

Linda Greenhouse
Linda Greenhouse
Contributing Opinion Writer
NY Times

https://www.nytimes.com/2020/06/04/opinion/sunday/supreme-court-religion-coronavirus.html

Linda Greenhouse writes in The NY Times: 

The Supreme Court made the indisputably right call last week when it refused to block California from limiting attendance at religious services in an effort to control the spread of Covid-19.

A Southern California church, represented by a Chicago-based organization, the Thomas More Society, which most often defends anti-abortion activists, had sought the justices’ intervention with the argument that by limiting worshipers to the lesser of 25 percent of building capacity or 100 people, while setting a 50 percent occupancy cap on retail stores, California was discriminating against religion in violation of the Constitution’s Free Exercise Clause.

Given the obvious difference between walking through a store and sitting among fellow worshipers for an hour or more, as well as the documented spread of the virus through church attendance in such places as Sacramento (71 cases), Seattle (32 cases) and South Korea (over 5,000 cases traced to one person at a religious service), California’s limits are both sensitive and sensible, hardly the basis for constitutional outrage or judicial second-guessing.

So why did the court’s order, issued as midnight approached on Friday night, fill me with dread rather than relief?

It was because in a ruling that should have been unanimous, the vote was 5 to 4. And it was because of who the four dissenters were: the four most conservative justices, two of them appointed by the president who a couple of months ago was demanding that churches be allowed to open by Easter and who, even before the murder of George Floyd in Minneapolis, was openly encouraging protests in the capitals of states not reopening as quickly as he would like.

As an astonished country witnessed on Monday night, as he held a Bible in front of a church near the White House after demonstrators were violently cleared from his path, Donald Trump is using religion as a cultural wedge to deflect attention from the consequences of his own ineptitude. The recognition that four Supreme Court justices — Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh — would have invoked the court’s power to undermine fact-based public policy in the name of a misbegotten claim of religious discrimination was beyond depressing. It was terrifying.

Does that sound like an overstatement? Take a look at Justice Kavanaugh’s dissenting opinion. “California’s latest safety guidelines discriminate against places of worship and in favor of comparable secular businesses,” he wrote. “Such discrimination violates the First Amendment.”

It’s interesting that while Justices Gorsuch and Thomas signed Justice Kavanaugh’s opinion, Justice Alito did not. Perhaps he’s just too good a lawyer to subscribe to the flimsy analysis underlying this opinion. Fair enough, but he evidently couldn’t be bothered to explain his own dissenting vote. And no less than his fellow dissenters, he obviously inhaled the unfounded claim of religious discrimination that the president has injected into an atmosphere already saturated with polarizing rhetoric.

. . . .

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

Read the rest of Linda’s op-ed at the above link.

This is just a symptom of an ongoing cancer at the Court. Cases like Hawaii v. Trump (“greenlighting” arbitrary and capricious punishment of refugees, Muslims, certain immigrants based on clearly pretextual “security grounds”), Wolf v. Innovation Law Lab (“Let ‘Em Die in Mexico!” Particularly when they are “only” Central American asylum seekers), and Wolf v. Cook County (final greenlighting of Stephen Miller’s racist scheme to deny health care and spread deadly fears in American Hispanic communities) should all have been 9-0 in favor of those opposing Trump’s racially-biased, illegal, unconstitutional policies. 

Additionally, Trump Toady Solicitor General Noel Francisco should have been strongly cautioned against continuing to bend the ethical codes with largely fabricated “emergencies” intended to interfere with the normal functioning of the Federal Courts.

Instead, the Supremes’ majority gave the regime totally undeserved, immoral victories in all three cases. As a result, many innocent individuals were denied rights, forced into life-threatening conditions, and some even died. The  Supremes’ inflicted damage on society at large. They assisted in trampling social justice and human rights. They grotesquely perverted and “turned on its head” the concept of “irreparable harm.” They indelibly and irreparably damaged their reputation and our system of justice.

In the meantime, the message to Francisco and the rest of his human rights denying scofflaw crowd over at the DOJ is clear: Justice is dead, courage has fled, you’re in charge. 

Unhappily, by most accounts, the tone-deaf and disconnected Supremes’ majority might be on the cusp of throwing more gasoline on the fires of social justice, at the worst possible time for our nation. If, as expected, they endorse the regime’s intentionally cruel, illegal, dishonest, and racially charged scheme to,”shaft” Dreamers   — some of our finest young people, many of whom are “essential workers” — it’s likely to spark more justified outrage and further protests!

So certain are the regime’s White Nationalists that they have the “J.R. Five” in their pocket that they reportedly already are planning to use these American youths as “hostages” to demand even further immigration restrictions as “ransom” from House Dems. The Dems are unlikely to bite, so Dreamers will be left to “twist in the wind” pending the results of the election.

The Supreme Court majority has been hand selected by the GOP to insure that a minority, anti-democratic ideology, often willfully devoid of humanity and historical awareness, will continue to exercise disproportionate influence over the U.S. legal system for years, perhaps decades, to come. 

We can’t change the past. But, a better “appointing authority” will be a start of long overdue change and “pushback” from the forces and institutions of democracy, humanity, and racial justice to restore integrity to our highest Court that, in actuality, now functions more like the lowest denominator and an instigator of racial and institutional injustice in our hurting nation. 

Due Process Forever! Complicit Courts Never!

PWS

06-06-20

TA-NEHISI COATES IS OPTIMISTIC THAT WE’RE FINALLY AT A MOMENT OF CHANGE IN AMERICA’S APPROACH TO RACE RELATIONS — Read Ezra Klein’s Vox News Interview With Ta-Nehisi to Find Out Why!

Ezra Klein
Ezra Klein
Co-Founder, Editor-at-Large
Vox News
Ta-Nehisi Coates
Ta-Nehisi Coates
American Author

https://apple.news/Tn2n0n8PnRUG6W-1mAp_OZw

Why Ta-Nehisi Coates is hopeful

The author of Between the World and Me on why this isn’t 1968, the Colin Kaepernick test, police abolition, nonviolence and the state, and more.

The first question I asked Ta-Nehisi Coates during our recent conversation on The Ezra Klein Show was broad: What does he see right now, as he looks out at the country?

“I can’t believe I’m gonna say this,” he replied, “but I see hope. I see progress right now.”

Coates is the author of the National Book Award winner Between the World and Me and The Water Dancer, among others. We discussed how this moment differs from 1968, the tension between “law” and “order,” the contested legacy of Martin Luther King Jr., Donald Trump’s view of the presidency, police abolition, why we need to renegotiate the idea of “the public,” how the consensus on criminal justice has shifted, what Joe Biden represents, the proper role of the state, and much more.

But there’s one particular thread of this conversation that I haven’t been able to put down: There is now, as there always is amid protests, a loud call for the protesters to follow the principles of nonviolence. And that call, as Coates says, comes from people who neither practice nor heed nonviolence in their own lives. But what if we turned that conversation around? What would it mean to build the state around principles of nonviolence, rather than reserving that exacting standard for those harmed by the state?

An edited transcript from our conversation follows. The full conversation can be heard on The Ezra Klein Show.

Ezra Klein

What do you see right now, as you look out at the country?

Ta-Nehisi Coates

I can’t believe I’m gonna say this, but I see hope. I see progress right now, at this moment.

I had an interesting call on Saturday with my dad, who was born in 1946, grew up dirt poor in Philadelphia, lived in a truck, went off to Vietnam, came back, joined the Panther Party, and was in Baltimore for the 1968 riots. Would’ve been about 22 at that time.

I asked him if he could compare what he saw in 1968 to what he was seeing now. And what he said to me was there was no comparison — that this is much more sophisticated. And I say, well, what do you mean? He said it would have been like if somebody from the turn of the 20th century could see the March on Washington.

The idea that black folks in their struggle against the way the law is enforced in their neighborhoods would resonate with white folks in Des Moines, Iowa, in Salt Lake City, in Berlin, in London — that was unfathomable to him in ‘68, when it was mostly black folks in their own communities registering their great anger and great pain.

I don’t want to overstate this, but there are significant swaths of people and communities that are not black, that to some extent have some perception of what that pain and that suffering is. I think that’s different.

Ezra Klein

Do you think there is more multiethnic solidarity today than there was then?

Ta-Nehisi Coates

I do. Within my lifetime, I don’t think there’s been a more effective movement than Black Lives Matter. They brought out the kind of ridiculousness that black folks deal with on a daily basis in the policing in their communities.

George Floyd is not new. The ability to broadcast it the way it was broadcasted is new. But black folks have known things like that were going on in their communities, in their families, for a very long time. You have a generation of people who are out in the streets right now, many of whom only have the vaguest memory of George Bush. They remember George Bush the way I remember Carter. The first real president who they actually grappled with was a black dude. That’s a different type of consciousness.

Ezra Klein

I was watching the speech Trump gave before tear-gassing the protesters in the park in DC. What so chilled me about that speech was how much he clearly wanted this — like this was the presidency as he had always imagined it, directing men with guns and shields to put down protesters so he could walk through a park unafraid and seem tough.

He’s always seemed so disinterested and annoyed by the actual work of being president, even during coronavirus. But this is the thing that he seems energized and excited by. And that’s been the scary part of it to me — that you have somebody in that role who is eager for escalation.

Ta-Nehisi Coates

It is pretty clear that the war-making part of being head of state was the part that most appeals to Donald Trump.

What does this mean for the election? It may be true that Donald Trump will win. Maybe this will lead to some sort of white backlash that ultimately helps him. I can’t really call that. But what I will say is this is a massive denial of legitimacy. Donald Trump may win the election in November, but he will be a ruler and not a president.

I think that those things need to be distinguished. When you’re calling out the military to repress protests that are in cities across the country, not just in ghettos and in hoods, all you have is force at that point. Most likely if he wins, he’ll be someone who won with a minority of the vote two times, which will be a first in American history. And violence will be the tool by which he rules. I think it’s a very different situation to be in.

Ezra Klein

I’m glad you brought in that word legitimacy. I wrote a piece the other day called “America at the breaking point,” and one of the things that I was imagining as I wrote that was a legitimacy crisis. The stakes have been going higher and higher this year: coronavirus, the entire country locked in houses, upset, angry, scared. Then you add on a series of basically televised lynchings.

And then you think: This is an election year. In some ways, I’m more afraid of the situation you just described. If Donald Trump is reelected in a way that does not feel legitimate to people — if he loses by more votes than he did in 2016, or there’s a contested-vote situation — this could turn out badly. Legitimacy crises are scary things. And I don’t think we’re really well equipped for one right now.

Ta-Nehisi Coates

I agree. But when I look back historically, the alternative to me is 1968.

I think, amongst a large swath to a majority of black people in this country, the police are illegitimate. They’re not seen as a force that necessarily causes violent crime to decline. Oftentimes you see black people resorting to the police because they have no other option, but they’re not seen with the level of trust that maybe Americans in other communities bestow upon the police. They know you could be a victim to lethal force because you used a $20 bill that may or may not have been counterfeit, because you were asleep at night in your home and somebody got a warrant to kick down your door without knocking.

I would argue that [feeling] has been nationalized. I don’t know that everybody in America feels that way, but I think large swaths of Americans now feel that Trump is the police. And they feel about Trump the way we feel about cops: This is somebody that rules basically by power. I would prefer that situation to 1968, where we’re alone in our neighborhoods and we know something about the world and we know what the police do, but other folks can’t really see it — and if they can, they’re unsympathetic. I would prefer now.

The long history of black folks in this country is conflict and struggle, between ourselves and the state and other interests within the society so that we can live free. And this is the first time that I think a lot of us have felt that the battle was legitimately joined, not just by white people but other people of color. When I hear that brother in Minneapolis talk about how his store was burned down and him saying, “Let it burn.” That’s a very different world. It’s a very, very different situation. It’s not a great one. It’s not the one we want. But it’s not ‘68.

. . . .

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

Read the rest of the interview at the link.

Coincidentally, I just finished reading Coates’s novel about slavery and freedom, The Water Dancer, which I highly recommend. 

⭐️⭐️⭐️⭐️⭐️I also found the just-released streaming movie Just Mercy instructive. It’s based on the true story of unjustly convicted Alabama death-row inmate Walter McMillan and his courageous young just-out-of-Harvard African-American attorney Bryan Stevenson, played by Michael B. Jordan. In the movie, as in real life, justice was achieved in the end. 

But, was it really?

Why should justice in America a be so dependent on both the “right lawyer” and the particular location and judges before whom you are tried? Why should it be so difficult, time consuming, painful, and uncertain to obtain? Why weren’t the crooked sheriff and the other perpetrators of deadly fraud held accountable? Why was such a tone-deaf judge on the bench in the first place? Why was a corrupt system not interested in real justice for the murder victim? Why do we still have the death penalty — clearly “cruel and unusual punishment” in violation of the Constitution by any rational definition? 

It’s also worth remembering that one of the greatest advocates of putting African Americans in Alabama to death was none other than White Nationalist prosecutor Jeff “Gonzo Apocalypto” Sessions. Sessions then went on to a further career involving child abuse, squandering of taxpayer funds on “gonzo” prosecutions of legal asylum seekers, and unfairly sentencing Hispanic refugee women to torture, and even death. Yet, Sessions walks free. He even has the audacity to run for public office again based on his perverted, racist views of “justice” in America.

Whether or not he, or the equally repulsive and bigoted other GOP candidate, former football coach Tommy Tuberville, get elected will be a true test of how far we have come as a nation, and in particular, how far Alabama has come in atoning for past wrongs. Anybody who cares about equal justice for all should send at least a few bucks to the re-election campaign of wholly decent, competent, U.S. Senator Doug Jones (D-AL) to help him fight the GOP “forces of darkness, racism, and inequality,” arrayed against him.

I really hope Coates is right. But, based on the “reality of the moment” we still have a long way to go.  True social justice would involve accountability for individuals like Trump, Miller, Sessions, and Barr who have been actors and proponents of injustice toward “the other” in our society. When folks like unapologetic White Nationalist provocateur Sen. Tom Cotton (R-AK) are no longer placed in public office, then, and only then, will social justice and equal justice for all have been achieved.

And, I personally doubt our capacity as a nation for true due process and equal justice under law as long as the “JR Five” rule the Supremes. So far, there haven’t been many racial injustices or “Dred Scottifications” of the other that they have had the courage and integrity to condemn! Better judges, with more humanity and empathy, are a requirement for a truly just nation.

That pandering, maliciously incompetent, willfully ignorant, bigot Donald Trump, with his vile, intentionally racially divisive message of fear still polls at 42% shows just how far we have to go to achieve due process and equal justice for all in America. “Equal Justice For All” isn’t just a “snappy slogan;” it requires leaders who really believe in it! 

Right now, save for Nancy Pelosi, we conspicuously lack such leaders in all three Branches of our National Government. Better results will require change at the top. It will also require a significant minority of voters to stop enabling the intolerant, incompetent, and divisive to rule.

As Dr. Martin Luther King, Jr., once wrote:

“Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.” 

The quote isn’t just an “abstract concept;” it has “real life” meaning. It’s from King’s Letter From Birmingham Jail, where he was unjustly imprisoned in 1963 for participation in peaceful protests against racial injustice.

“Social Justice” isn’t just an idealistic concept. It’s an absolute necessity for a well-functioning, just, and fully productive society!

Due Process Forever!

PWS

06-07-20

JAMELLE BOUIE @ NYT: The Police & Often The Misuse of a “Bogus Rule of Law” (when used to allow the empowered to run roughshod over the legal and human rights of “the other”) Are Long-Standing Roadblocks to a Fair & Just Society —“The simplest answer to the question ‘Why don’t the American police forces act as if they are accountable to black Americans?’ is that they were never intended to be.”

Jamelle Bouie
Jamelle Bouie
Columnist
NY Times

Jamelle writes in the NYT:

https://www.nytimes.com/2020/06/05/opinion/police-riots.html?action=click&module=Opinion&pgtype=Homepage

The Police Are Rioting. We Need to Talk About It.

It is an attack on civil society and democratic accountability.

By Jamelle BouieJune 5, 2020

If we’re going to speak of rioting protesters, then we need to speak of rioting police as well. No, they aren’t destroying property. But it is clear from news coverage, as well as countless videos taken by protesters and bystanders, that many officers are using often indiscriminate violence against people — against anyone, including the peaceful majority of demonstrators, who happens to be in the streets.

Rioting police have driven vehicles into crowds, reproducing the assault that killed Heather Heyer in Charlottesville, Va., in 2017. They have surrounded a car, smashed the windows, tazed the occupants and dragged them out onto the ground. Clad in paramilitary gear, they have attacked elderly bystanders, pepper-sprayed cooperative protesters and shot “nonlethal” rounds directly at reporters, causing serious injuries. In Austin, Texas, a 20-year-old man is in critical condition after being shot in the head with a “less-lethal” round. Across the country, rioting police are using tear gas in quantities that threaten the health and safety of demonstrators, especially in the midst of a respiratory disease pandemic.

None of this quells disorder. Everything from the militaristic posture to the attacks themselves does more to inflame and agitate protesters than it does to calm the situation and bring order to the streets. In effect, rioting police have done as much to stoke unrest and destabilize the situation as those responsible for damaged buildings and burning cars. But where rioting protesters can be held to account for destruction and violence, rioting police have the imprimatur of the state.

What we’ve seen from rioting police, in other words, is an assertion of power and impunity. In the face of mass anger over police brutality, they’ve effectively said So what? In the face of demands for change and reform — in short, in the face of accountability to the public they’re supposed to serve — they’ve bucked their more conciliatory colleagues with a firm No. In which case, if we want to understand the behavior of the past two weeks, we can’t just treat it as an explosion of wanton violence; we have to treat it as an attack on civil society and democratic accountability, one rooted in a dispute over who has the right to hold the police to account.

Jamelle Bouie’s Newsletter: Discover overlooked writing from around the internet, and get exclusive thoughts, photos and reading recommendations from Jamelle.

African-American observers have never had any illusions about who the police are meant to serve. The police, James Baldwin wrote in his 1960 essay on discontent and unrest in Harlem, “represent the force of the white world, and that world’s real intentions are simply for that world’s criminal profit and ease, to keep the black man corralled up here in his place.” This wasn’t because each individual officer was a bad person, but because he was fundamentally separate from the black community as a matter of history and culture. “None of the police commissioner’s men, even with the best will in the world, have any way of understanding the lives led by the people they swagger about in twos and threes controlling.”

Go back to the beginning of the 20th century, during America’s first age of progressive reform, as the historian Khalil Gibran Muhammad does in “The Condemnation of Blackness: Race, Crime, and the Making of Modern Urban America,” and you’ll find activists describing how “policemen had abdicated their responsibility to dispense color-blind service and protection, resulting in an object lesson for youth: the indiscriminate mass arrests of blacks being attacked by white mobs.”

The police were ubiquitous in the African-American neighborhoods of the urban North, but they weren’t there to protect black residents as much as they were there to enforce the racial order, even if it led to actual disorder in the streets. For example, in the aftermath of the Philadelphia “race riot” of 1918, one black leader complained, “In nearly every part of this city peaceable and law-abiding Negroes of the home-owning type have been set upon by irresponsible hoodlums, their property damaged and destroyed, while the police seem powerless to protect.”

If you are trying to understand the function of policing in American society, then even a cursory glance at the history of the institution would point you in the direction of social control. And blackness in particular, the historian Nikhil Pal Singh argues, was a state of being that required “permanent supervision and sometimes direct domination.”

The simplest answer to the question “Why don’t the American police forces act as if they are accountable to black Americans?” is that they were never intended to be. And to the extent that the police appear to be rejecting accountability outright, I think it reflects the extent to which the polity demanding it is now inclusive of those groups the police have historically been tasked to control. That polity and its leaders are simply rejected as legitimate wielders of authority over law enforcement, especially when they ask for restraint.

. . . .

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

Read the rest of Jamelle’s op-ed at the above link.

Truth is, we have the legal tools to do things like prosecute police misconduct, honor the human and civil rights of African Americans, overcome the years of unfair and discriminatory treatment of African Americans in education, employment, and leadership, promote community cooperation to allow each individual to reach maximum levels of contribution and enjoyment, correct the due process and bias flaws in court systems, tax more rationally and equitably, grant asylum to refugees we are now unfairly and illegally turning away, end inhumane and counterproductive “civil” detention, stop putting disproportionate numbers of minority communities in jail and prison, and end “Dred Scottification” of the other.

What we lack is 1) the honest, courageous, humane, and wise public officials necessary to make the laws and existing tools work; 2) the political will to get those types of officials into the correct offices.

I don’t know how much it would cost. But, whatever it is, we need to invest in it. And some “ready funds” could be made available if we stop building unneeded walls, detention centers, prisons, separating kids, and wasting legal and judicial resources fighting  against the institutional fascism and tyranny of the Trump regime.

This November, vote like your life depends on it! Because it does!

PWS

06-07-20

GEORGE PACKER @ THE ATLANTIC: With Failed Institutions & Lousy Leaders, Including a President Leading the Charge to the Bottom, America Faces An Uncertain Future — “A responsible establishment doesn’t exist. Our president is one of the rioters.” — Joe Biden & The Dems Could Be The Last, Best Hope For American Democracy & Real Progress Toward “Equal Justice For All!”

George Packer
George Packer
American Journalist, Author, Playwright

https://apple.news/A-6795FCPQU6LRBMW1_nzvw

Packer writes in The Atlantic:

IDEAS

Shouting Into the Institutional Void

Demonstrators are hammering on a hollowed-out structure, and it very well may collapse.

The urban unrest of the mid-to-late 1960s was more intense than the days and nights of protest since George Floyd was murdered by a Minneapolis policeman. More people died then, more buildings were gutted, more businesses were ransacked. But those years had one advantage over the present. America was coming apart at the seams, but it still had seams. The streets were filled with demonstrators raging against the “system,” but there was still a system to tear down. Its institutions were basically intact. A few leaders, in and outside government, even exercised some moral authority.

In July 1967, immediately after the riots in Newark and Detroit, President Lyndon B. Johnson created a commission to study the causes and prevention of urban unrest. The Kerner Commission—named for its chairman, Governor Otto Kerner Jr. of Illinois—was an emblem of its moment. It didn’t look the way it would today. Just two of the 11 members were black (Roy Wilkins, the leader of the NAACP, and Edward Brooke, a Republican senator from Massachusetts); only one was a woman. The commission was also bipartisan, including a couple of liberal Republicans, a conservative congressman from Ohio with a strong commitment to civil rights, and representatives from business and labor. It reflected a society that was deeply unjust but still in possession of the tools of self-correction.

The commission’s report, written by the executive director, David Ginsburg, an establishment liberal lawyer of New Deal vintage, appeared at the end of February 1968. It became an instant million-copy best seller. Its language is bracing by the standards of any era: “What white Americans have never fully understood—but what the Negro can never forget—is that white society is deeply implicated in the ghetto. White institutions created it, white institutions maintain it, and white society condones it.” The report called for far-reaching policy reforms in housing, employment, education, and policing, to stop the country from becoming “two societies, one black, one white—separate and unequal.”

[Anne Applebaum: History will judge the complicit]

It was too much for Johnson, who resented not being credited for his efforts to achieve civil rights and eradicate poverty, and whose presidency had just been engulfed by the Tet Offensive in South Vietnam. He shelved the report. A few weeks later, on the evening of April 4, Martin Luther King Jr. was killed in Memphis. The next night, Johnson—who had just announced that he wouldn’t run for reelection—spoke to a country whose cities were burning from coast to coast. “It is the fiber and the fabric of the republic that’s being tested,” he said. “If we are to have the America that we mean to have, all men of all races, all regions, all religions must stand their ground to deny violence its victory in this sorrowful time, and in all times to come. Last evening, after receiving the terrible news of Dr. King’s death, my heart went out to his family and to his people, especially to the young Americans who I know must sometimes wonder if they are to be denied a fullness of life because of the color of their skin.” To an aide, he was more blunt in assessing the uprising: “What did you expect? I don’t know why we’re surprised. When you put your foot on a man’s neck and hold him down for 300 years, and then you let him up, what’s he going to do? He’s going to knock your block off.”

King’s murder and the riots it sparked propelled Congress to pass, by an overwhelming and bipartisan margin, the decade’s last major piece of civil-rights legislation, the Civil Rights Act of 1968, which enforced fair standards in housing. Johnson signed it on April 11. It was too late. The very best reports, laws, and presidential speeches couldn’t contain the anger in the streets. That year, 1968, was when reform was overwhelmed by radicalization on the left and reaction on the right. We still live in the aftermath. The language and ideas of the Kerner Report have haunted the years since—a reminder of a missed chance.

The difference between 1968 and 2020 is the difference between a society that failed to solve its biggest problem and a society that no longer has the means to try. A year before his death, King, still insisting on nonviolent resistance, called riots “the language of the unheard.” The phrase implies that someone could be made to hear, and possibly answer. What’s happening today doesn’t feel the same. The protesters aren’t speaking to leaders who might listen, or to a power structure that might yield, except perhaps the structure of white power, which is too vast and diffuse to respond. Congress isn’t preparing a bill to address root causes; Congress no longer even tries to solve problems. No president, least of all this one, could assemble a commission of respected figures from different sectors and parties to study the problem of police brutality and produce a best-selling report with a consensus for fundamental change. A responsible establishment doesn’t exist. Our president is one of the rioters.

After half a century of social dissolution, of polarization by class and race and region and politics, there are no functioning institutions or leaders to fail us with their inadequate response to the moment’s urgency. Levers of influence no longer connect to sources of power. Democratic protections—the eyes of a free press, the impartiality of the law, elected officials acting out of conscience or self-interest—have lost public trust. The protesters are railing against a society that isn’t cohesive enough to summon a response. They’re hammering on a hollowed-out structure, and it very well may collapse.

[James Fallows: Is this the worst year in modern American history?]

If 2020 were at all like 1968, the president would go on national television and speak as the leader of all Americans to try to calm a rattled country in a tumultuous time. But the Trump administration hasn’t answered the unrest like an embattled democracy trying to reestablish legitimacy. Its reflex is that of an autocracy—a display of strength that actually reveals weakness, emptiness. Trump’s short walk from the White House to St. John’s Episcopal Church had all the trappings of a strongman trying to show that he was still master of the country amid reports that he’d taken refuge in a bunker: the phalanx of armored guards surrounding him as he strutted out of the presidential palace; the tear gas and beatings that cleared his path of demonstrators and journalists; the presence of his daughter, who had come up with the idea, and his top general, wearing combat fatigues as if to signal that the army would defend the regime against the people, and his top justice official, who had given the order to raid the square.

William Barr has reacted to the killing of George Floyd like the head of a secret-police force rather than the attorney general of a democratic republic. His first act was not to order a federal investigation into the Minneapolis Police Department, but—as he’s done before—to rush out ahead of the facts and try to control public opinion, by announcing that the violence following Floyd’s death was the work of left-wing agitators. Streets of the nation’s capital are now blocked by security forces from Barr’s Department of Justice—many from the Federal Bureau of Prisons—wearing uniforms that make them impossible to identify, like paramilitary troops with unknown commanders.

The protests have to be understood in the context of this institutional void. They resemble the spontaneous mass cry of a people suffering under dictatorship more than the organized projection of public opinion aimed at an accountable government. They signify that democratic politics has stopped working. They are both utopian and desperate.

[Read: The double standard of the American riot]

Some public figures—politicians, policy experts, civic leaders—have come forward with proposals for changing the mindset and tactics of the police. Terrence Floyd, the brother of the murdered man, urged protesters to educate themselves and vote. But the overwhelming message of the protests is simply “end racism,” which would be a large step toward ending evil itself. The protesters are demanding an absolute, as if they’ve stopped expecting the state to produce anything that falls a little short. For white protesters—who are joining demonstrations on behalf of black freedom and equality in large numbers for the first time since Selma, Alabama, 55 years ago—this demand means ending an evil that lies within themselves. It would be another sign of a hollow democracy if the main energy in the afterglow of the protests goes into small-group sessions on white privilege rather than a hard push for police reform.

. . . .

This is where we are. Trust is missing everywhere—between black Americans and police, between experts and ordinary people, between the government and the governed, between citizens of different identities and beliefs. There’s an election coming in five months. It won’t end racism or the pandemic, or repair our social bonds, or restore our democracy to health. But it could give us a chance to try, if we get that far.

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

Read the rest of Packer’s article at the above link. 

Well said! The only thing missing is specific reference to the toxic failure of the U.S. Supreme Court. 

We once had a Court with the legal experience, ethics, vision, and moral courage to lead America forward toward a more just and equal society. That’s been totally dissipated by years of GOP erosion of the Court’s legal expertise, practical problem-solving ability, humanity, courage, vision of a better future for all in America, and integrity.

The “journey downward and march backward” from Brown v. Board of Education to legal travesties like Trump v. Hawaii and Wolf v. Innovation Law Lab (to name just two glaring examples of the Court’s disgraceful and illegal “Dred Scottification” of the other in our society) is certainly one of the most outrageous, disturbing, and disgusting tales in post-Plessy v. Ferguson American jurisprudence.

The Court’s abject failure to move forward and make voting rights and equal justice for all a reality is in no small measure linked to the death of George Floyd and other Americans of color and the nationwide protests of injustice. Failure of judicial integrity, vision, and leadership — in other words failures of both legal and moral justice —  imperils our nation and many of its inhabitants. 

America already faces long-term threats to our justice system and those it supposedly serves from the irresponsible and poorly-qualified life-tenured judicial appointments of Trump and the Mitch-led GOP. To them, things like “equal justice for all,” “voting rights,” “due process for all,” “women’s rights,” and “human rights” are just cruel hoaxes — things to be privately mocked, publicly “lip-serviced,” then buried forever beneath an avalanche of disingenuous and opaque legal gobbledygook intended to hide their true anti-democratic, White Nationalist enabling intent. The appointment of any more Justices along the lines of the “J.R. Five” likely would be the final “nail in the coffin” for our democratic republic! 🏴‍☠️👎🏻🥵

This November, vote like your life depends on it! Because it does!

PWS

06-06-20

ANNE APPLEBAUM @ THE ATLANTIC: “History Will Judge the Complicit: Why have Republican leaders abandoned their principles in support of an immoral and dangerous president?” ☠️👎🏻

Anne Applebaum
Anne Applebaum
American Journalist & Historian

https://apple.news/Al__dZnidS7iBkjiQiuWRfg

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In February, many members of the Republican Party leadership, Republican senators, and people inside the administration used various versions of these rationales to justify their opposition to impeachment. All of them had seen the evidence that Trump had stepped over the line in his dealings with the president of Ukraine. All of them knew that he had tried to use American foreign-policy tools, including military funding, to force a foreign leader into investigating a domestic political opponent. Yet Republican senators, led by Mitch McConnell, never took the charges seriously. They mocked the Democratic House leaders who had presented the charges. They decided against hearing evidence. With the single exception of Romney, they voted in favor of ending the investigation. They did not use the opportunity to rid the country of a president whose operative value system—built around corruption, nascent authoritarianism, self-regard, and his family’s business interests—runs counter to everything that most of them claim to believe in.

Just a month later, in March, the consequences of that decision became suddenly clear. After the U.S. and the world were plunged into crisis by a coronavirus that had no cure, the damage done by the president’s self-focused, self-dealing narcissism—his one true “ideology”—was finally visible. He led a federal response to the virus that was historically chaotic. The disappearance of the federal government was not a carefully planned transfer of power to the states, as some tried to claim, or a thoughtful decision to use the talents of private companies. This was the inevitable result of a three-year assault on professionalism, loyalty, competence, and patriotism. Tens of thousands of people have died, and the economy has been ruined.

This utter disaster was avoidable. If the Senate had removed the president by impeachment a month earlier; if the Cabinet had invoked the Twenty-Fifth Amendment as soon as Trump’s unfitness became clear; if the anonymous and off-the-record officials who knew of Trump’s incompetence had jointly warned the public; if they had not, instead, been so concerned about maintaining their proximity to power; if senators had not been scared of their donors; if Pence, Pompeo, and Barr had not believed that God had chosen them to play special roles in this “biblical moment”—if any of these things had gone differently, then thousands of deaths and a historic economic collapse might have been avoided.

The price of collaboration in America has already turned out to be extraordinarily high. And yet, the movement down the slippery slope continues, just as it did in so many occupied countries in the past. First Trump’s enablers accepted lies about the inauguration; now they accept terrible tragedy and the loss of American leadership in the world. Worse could follow. Come November, will they tolerate—even abet—an assault on the electoral system: open efforts to prevent postal voting, to shut polling stations, to scare people away from voting? Will they countenance violence, as the president’s social-media fans incite demonstrators to launch physical attacks on state and city officials?

Each violation of our Constitution and our civic peace gets absorbed, rationalized, and accepted by people who once upon a time knew better. If, following what is almost certain to be one of the ugliest elections in American history, Trump wins a second term, these people may well accept even worse. Unless, of course, they decide not to.

When I visited Marianne Birthler, she didn’t think it was interesting to talk about collaboration in East Germany, because everybody collaborated in East Germany. So I asked her about dissidence instead: When all of your friends, all of your teachers, and all of your employers are firmly behind the system, how do you find the courage to oppose it? In her answer, Birthler resisted the use of the word courage; just as people can adapt to corruption or immorality, she told me, they can slowly learn to object as well. The choice to become a dissident can easily be the result of “a number of small decisions that you take”—to absent yourself from the May Day parade, for example, or not to sing the words of the party hymn. And then, one day, you find yourself irrevocably on the other side. Often, this process involves role models. You see people whom you admire, and you want to be like them. It can even be “selfish.” “You want to do something for yourself,” Birthler said, “to respect yourself.”

For some people, the struggle is made easier by their upbringing. Marko Martin’s parents hated the East German regime, and so did he. His father was a conscientious objector, and so was he. As far back as the Weimar Republic, his great-grandparents had been part of the “anarcho-syndicalist” anti-Communist left; he had access to their books. In the 1980s, he refused to join the Free German Youth, the Communist youth organization, and as a result he could not go to university. He instead embarked on a vocational course, to train to be an electrician (after refusing to become a butcher). In his electrician-training classes, one of the other students pulled him aside and warned him, subtly, that the Stasi was collecting information on him: “It’s not necessary that you tell me all the things you have in mind.” He was eventually allowed to emigrate, in May 1989, just a few months before the fall of the Berlin Wall.

In America we also have our Marianne Birthlers, our Marko Martins: people whose families taught them respect for the Constitution, who have faith in the rule of law, who believe in the importance of disinterested public service, who have values and role models from outside the world of the Trump administration. Over the past year, many such people have found the courage to stand up for what they believe. A few have been thrust into the limelight. Fiona Hill—an immigrant success story and a true believer in the American Constitution—was not afraid to testify at the House’s impeachment hearings, nor was she afraid to speak out against Republicans who were promulgating a false story of Ukrainian interference in the 2016 election. “This is a fictional narrative that has been perpetrated and propagated by the Russian security services themselves,” she said in her congressional testimony. “The unfortunate truth is that Russia was the foreign power that systematically attacked our democratic institutions in 2016.”

Lieutenant Colonel Alexander Vindman—another immigrant success story and another true believer in the American Constitution—also found the courage, first to report on the president’s improper telephone call with his Ukrainian counterpart, which Vindman had heard as a member of the National Security Council, and then to speak publicly about it. In his testimony, he made explicit reference to the values of the American political system, so different from those in the place where he was born. “In Russia,” he said, “offering public testimony involving the president would surely cost me my life.” But as “an American citizen and public servant … I can live free of fear for mine and my family’s safety.” A few days after the Senate impeachment vote, Vindman was physically escorted out of the White House by representatives of a vengeful president who did not appreciate Vindman’s hymn to American patriotism—although retired Marine Corps General John Kelly, the president’s former chief of staff, apparently did. Vindman’s behavior, Kelly said in a speech a few days later, was “exactly what we teach them to do from cradle to grave. He went and told his boss what he just heard.”

[Read: John Kelly finally lets loose on Trump]

But both Hill and Vindman had some important advantages. Neither had to answer to voters, or to donors. Neither had prominent status in the Republican Party. What would it take, by contrast, for Pence or Pompeo to conclude that the president bears responsibility for a catastrophic health and economic crisis? What would it take for Republican senators to admit to themselves that Trump’s loyalty cult is destroying the country they claim to love? What would it take for their aides and subordinates to come to the same conclusion, to resign, and to campaign against the president? What would it take, in other words, for someone like Lindsey Graham to behave like Wolfgang Leonhard?

If, as Stanley Hoffmann wrote, the honest historian would have to speak of “collaborationisms,” because the phenomenon comes in so many variations, the same is true of dissidence, which should probably be described as “dissidences.” People can suddenly change their minds because of spontaneous intellectual revelations like the one Wolfgang Leonhard had when walking into his fancy nomenklatura dining room, with its white tablecloths and three-course meals. They can also be persuaded by outside events: rapid political changes, for example. Awareness that the regime had lost its legitimacy is part of what made Harald Jaeger, an obscure and until that moment completely loyal East German border guard, decide on the night of November 9, 1989, to lift the gates and let his fellow citizens walk through the Berlin Wall—a decision that led, over the next days and months, to the end of East Germany itself. Jaeger’s decision was not planned; it was a spontaneous response to the fearlessness of the crowd. “Their will was so great,” he said years later, of those demanding to cross into West Berlin, “there was no other alternative than to open the border.”

But these things are all intertwined, and not easy to disentangle. The personal, the political, the intellectual, and the historical combine differently within every human brain, and the outcomes can be unpredictable. Leonhard’s “sudden” revelation may have been building for years, perhaps since his mother’s arrest. Jaeger was moved by the grandeur of the historical moment on that night in November, but he also had more petty concerns: He was annoyed at his boss, who had not given him clear instructions about what to do.

Could some similar combination of the petty and the political ever convince Lindsey Graham that he has helped lead his country down a blind alley? Perhaps a personal experience could move him, a prod from someone who represents his former value system—an old Air Force buddy, say, whose life has been damaged by Trump’s reckless behavior, or a friend from his hometown. Perhaps it requires a mass political event: When the voters begin to turn, maybe Graham will turn with them, arguing, as Jaeger did, that “their will was so great … there was no other alternative.” At some point, after all, the calculus of conformism will begin to shift. It will become awkward and uncomfortable to continue supporting “Trump First,” especially as Americans suffer from the worst recession in living memory and die from the coronavirus in numbers higher than in much of the rest of the world.

Or perhaps the only antidote is time. In due course, historians will write the story of our era and draw lessons from it, just as we write the history of the 1930s, or of the 1940s. The Miłoszes and the Hoffmanns of the future will make their judgments with the clarity of hindsight. They will see, more clearly than we can, the path that led the U.S. into a historic loss of international influence, into economic catastrophe, into political chaos of a kind we haven’t experienced since the years leading up to the Civil War. Then maybe Graham—along with Pence, Pompeo, McConnell, and a whole host of lesser figures—will understand what he has enabled.

In the meantime, I leave anyone who has the bad luck to be in public life at this moment with a final thought from Władysław Bartoszewski, who was a member of the wartime Polish underground, a prisoner of both the Nazis and the Stalinists, and then, finally, the foreign minister in two Polish democratic governments. Late in his life—he lived to be 93—he summed up the philosophy that had guided him through all of these tumultuous political changes. It was not idealism that drove him, or big ideas, he said. It was this: Warto być przyzwoitym—“Just try to be decent.” Whether you were decent—that’s what will be remembered.

This article appears in the July/August 2020 print edition with the headline “The Collaborators.”

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Read Applebaum’s entire, much longer article at the link. Part of it is a fascinating study of how and why, despite backgrounds pointing in exactly the opposite directions, Lindsey Graham abandoned principle and became one of Trump’s “chief collaborators,” while Mitt Romney stood up against Trump and his GOP collaborators in the Senate. 

These days, the GOP doesn’t produce many folks with intellectual honesty and capacity for self-examination. Indeed, those exhibiting anything suggesting those qualities might be lurking in their souls are shunned or railroaded out of the party (see, e.g., Jeff Flake). So, I wouldn’t hold my breath for any of Trump’s toadies to actually own up to or take responsibility for their “crimes against humanity.” 

And “decency,” well, that’s been absent from GOP politicos for some time now. Kids in cages. Taking away the legal and constitutional rights of asylum seekers. Sending abused women refugees back to be tortured by their abusers. Attacking California’s meager payments to our undocumented fellow humans, many performing essential services at risk to their health. Turning Immigration Courts into Star Chambers. Using false narratives to incite hate attacks on African Americans, Hispanic Americans, Asian Americans, and American Journalists. Failing to speak out forcefully against anti-semitic White Nationalist thugs. Looking the other way or even encouraging Trump to mistreat those courageous civil servants who dare speak truth to his lies. “Orbiting” vulnerable asylum seekers back to squalid danger zones. Denying detained kids toothbrushes.The list of indecent acts could go on almost forever. 

But, fortunately, as Applebaum suggests, that won’t save these GOP collaborators from the judgments of history. Unfortunately, however, historical vindication won’t save the lives of those victims who have died at the collaborators’ hands, nor will it undo the scars that some will bear for life as the result of the “crimes against humanity” committed by Trump and his GOP cronies. And, that’s the indelible shame of a nation that let Trump and the GOP wield their toxic political power in the first place.

Due Process Forever! Complicity in the Face of Tyranny, Never!

PWS

06-04-20