Category: Bogus Claims Of Voter Fraud

THE GIBSON REPORT — 04-11-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, National Immigrant Justice Center — FEATURE: Fifth Circuit 🏴‍☠️ Attacks Refugee Women With Absurdist “Analysis” In Sanchez-Amador v. Garland! 🤮  

Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

 

Weekly Briefing

 

This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.

 

CONTENTS (jump to section)

  • PRACTICE ALERTS
  • NEWS
  • LITIGATION & AGENCY UPDATES
  • RESOURCES
  • EVENTS

 

PRACTICE ALERTS

 

EAD Rules Fully Vacated

NIJC: On Friday (4/8) we learned from the government that it would not file an appeal in AsylumWorks v. Mayorkas.  This means, happily, that the EAD Rules that delayed and in some cases denied access to EADs for asylum seekers are fully vacated.  The vacatur applies to both the 30-day adjudication rule and the larger rule that had more than a dozen changes to EAD eligibility for asylum seekers.

 

NY EOIR Asks ICE to Submit PD Stance 3 Days Before Hearings

EOIR: In an effort to reduce our interpreter non-usage and our continuance rates, the New York – Federal Plaza Immigration Court has asked DHS that PD positions be provided to the court on matters scheduled for a hearing at least three days before the hearing. This would allow cancellation of the interpreter order without cost to the court, and would permit another previously scheduled case to be advanced into the open hearing slot. In addition, the court is endeavoring to identify cases already scheduled which are likely to be granted PD based upon DHS guidelines. We have requested DHS’s assistance in this endeavor. [It is unclear whether other courts will request the same.]

 

Social Security Administration to Resume In-Person Services at Local Social Security Offices

 

NEWS

 

Disagreement and Delay: How Infighting Over the Border Divided the White House

NYT: The C.D.C. finally announced at the beginning of April that it would lift its public health border restrictions on May 23, around the time of the year when migration typically increases. But this past week, the issue of Title 42 flared up again as Senate Republicans and some Democrats in Congress held up Covid funding in an effort to protest the administration’s decision to lift the health rule and tensions over the issue flared in both parties. See also The Democratic revolt over Biden’s border policy.

 

Senators to restart bipartisan immigration reform talks

Hill: Sens. Thom Tillis (R-N.C.) and Dick Durbin (D-Ill.) told The Hill that they want to bring together a group of senators interested in trying to revive immigration discussions — a perennial policy white whale for Congress — after a two-week recess.

 

Immigrant rights groups say ICE’s no visitation policy taking toll on detainees’ mental health

NPR: Visitations at federal and state prisons have largely resumed. Last year, for example, the Washington state Department of Corrections determined it was safe to reinstate visitations. But those who want to talk to loved ones in ICE detention must still rely on old-fashioned phone calls or video.

 

As Haitian migration routes change, compassion is tested in Florida Keys

WaPo: Although the Florida Keys have been an entry point for refugees fleeing communist Cuba since the 1960s, officials say the increase in arrivals of migrants by boat represents a shift in migration patterns. Since the start of the year, more than 800 Haitians have landed in the 113-mile-long Florida Keys, made up 1,700 small islands. Two of the landings occurred in Ocean Reef, an exclusive gated community near Key Largo that is home to some of nation’s wealthiest residents, officials said.

 

Cubans arriving in record numbers along Mexico border

WaPo: Cuban migrants are coming to the United States in the highest numbers since the 1980 Mariel boatlift, arriving this time across the U.S. southern land border, not by sea.

 

Thousands of Ukrainian refugees arrive at U.S.-Mexico Border

NPR: Thousands of Ukrainians fleeing the war have come to the U.S.-Mexico border in Tijuana, where immigration agents are letting them into the U.S. on humanitarian grounds. See also Even with ties, Ukrainian families struggle to reach the United States.

 

Texas takes new border action; ex-Trump officials want more

AP: Texas Gov. Greg Abbott on Wednesday delivered new orders along the U.S.-Mexico border and promised more to come as former Trump administration officials press him to declare an “invasion” and give state troopers and National Guard members authority to turn back migrants.

 

LITIGATION & AGENCY UPDATES

 

CA2 blocks disclosure of docs on immigrant terrorist screenings

Reuters: U.S. appeals court on Wednesday said federal agencies properly withheld documents related to how they vet applicants for immigration benefits with the aim of uncovering possible terrorist ties, reversing a judge who ordered their disclosure.

 

3rd Circ. Says India Native’s Persecution Claims Inconsistent

Law360: The Third Circuit declined to halt the deportation of a man from India claiming he suffered political persecution there, reasoning that the immigration judge was correctly skeptical of his inconsistent accounts of the violence he claimed to have experienced.

 

CA5 on Unable or Unwilling to Control Persecutors

CA5: [W]hether an applicant’s subjective belief that authorities would be unwilling or unable to help them is sufficient for asylum eligibility when paired with country condition evidence supporting that belief, notwithstanding that the underlying events do not support that conclusion. We think not… When  she checked in, the police informed her “that the process would take at least two weeks.” She fled before those two weeks expired, and there is no evidence of  what  happened  with  the  claim.  Thus,  the  evidence  supports  the  BIA’s  finding  that  Sanchez-Amador  “successfully  reported  one  incident  with  the  gang member to the police, but did not pursue the issue.”

 

CA5 Equitable Tolling Remand: Boch-Saban V. Garland

LexisNexis: “Petitioner Jose Santos Boch-Saban, a citizen of Guatemala, seeks review of a Board of Immigration Appeals decision dismissing, as untimely, his appeal of an immigration judge’s order denying, as time and number barred, his motion to reopen and dismiss. We VACATE the Board’s decision and REMAND the case for consideration in the first instance of the issue of equitable tolling.”

 

Al Otro Lado Class Action Notice of Preliminary Injunction

DHS: Al Otro Lado v. Mayorkas is a lawsuit that relates to the U.S. government’s use of “metering” at land  ports  of  entry  on  the  U.S.-Mexico  border.    The  Court  in  this  lawsuit  issued a Preliminary Injunction(PI) prohibiting the U.S. government from applying a rule known as the “third-country transit rule”(TCT)to certain people who were subject to “metering” before the rule took effect on July 16, 2019.

 

Pennsylvania State Police settle profiling, immigration suit

AP: Pennsylvania State Police settled a federal lawsuit alleging troopers routinely and improperly tried to enforce federal immigration law by pulling over Hispanic motorists on the basis of how they looked and detaining those suspected of being in the U.S. illegally, officials announced Wednesday.

 

11 Set Up Hundreds of Sham Marriages for Green Card Seekers, U.S. Says

NYT: Clients paid fees up to $30,000 as part of the yearslong scheme, an affidavit said. Some applications falsely claimed the clients had been abused by their spouses, prosecutors said.

 

San Antonio To Pay Texas $300K To End ‘Sanctuary City’ Fight

Law360: The city of San Antonio, Texas, has agreed to pay the state $300,000 to settle both allegations lodged by the state’s attorney general that it was violating the state’s “anti-sanctuary city law,” and a subsequent lawsuit seeking to remove the police chief from office for the alleged violations.

 

Banned Travelers Ask Judge To Revisit Dead Visa Applications

Law360: People who were banned from the U.S. under now-defunct Trump-era travel restrictions urged a California federal judge to order the Biden administration to revisit their denied visa applications, saying the administration’s attempts to redress the harm don’t go far enough.

 

Feds Keep Diversity Visa Order Paused, But Must Update Tech

Law360: A D.C. federal judge extended the stay of his order directing the State Department to issue more than 9,000 diversity visas while the Biden administration appeals to the D.C. Circuit, but he unfroze his directive for the department to update the technology for processing the visas.

 

House Committee Advances Bill Slashing Visa Country Caps

Law360: The House Judiciary Committee voted to advance a bill that would eliminate the Immigration and Nationality Act’s per-country cap for employment-based visas and raise similar caps on family-based visas, aimed at trimming immigration backlogs.

 

CDC Provides Public Health Determination and Order on Termination of Title 42

AILA: On 4/1/22, CDC released an order to terminate its Title 42 public health order on 5/23/22. The document assesses the current state of the COVID-19 pandemic, provides legal considerations, and describes plans for DHS to mitigate COVID-19 and resume use of Title 8. (87 FR 19941, 4/6/22)

 

CBP Issues Memo on Title 42 Exceptions for Ukrainian Nationals

AILA: On 3/11/22, CBP issued a memo to its Office of Field Operations stating that noncitizens in possession of a valid Ukrainian passport or other valid Ukrainian identity document, and absent national security or public safety risk factors, may be considered for exception from Title 42.

 

USCIS Extends EADs for Certain TPS Syria Beneficiaries

AILA: USCIS is issuing individual notices to certain TPS Syria beneficiaries whose applications to renew Form I-766 are pending. The notices extend the validity of their EADs until September 24, 2022. Guidance on filing Form I-9 is available.

 

DHS/CBP/PIA-072 Unified Immigration Portal (UIP)

DHS: The U.S. Customs and Border Protection (CBP) Unified Immigration Portal (UIP) provides agencies involved in the immigration process a means to view and access certain information from each of the respective agencies from a single portal in near real time (as the information is entered into the source systems). CBP is publishing this Privacy Impact Assessment (PIA) to provide notice of implementation of the UIP and assess the privacy risks and mitigations for the UIP.

 

USCIS Implements Risk-Based Approach for Conditional Permanent Resident Interviews

USCIS: U.S. Citizenship and Immigration Services (USCIS) today announced a policy update to adopt a risk-based approach when waiving interviews for conditional permanent residents (CPR) who have filed a petition to remove the conditions on their permanent resident status.

 

Request for Comments: Form G-639; Online FOIA Request: Due 5/5/22.

 

RESOURCES

 

GENERAL RESOURCES

 

EVENTS

 

NIJC EVENTS

 

GENERAL EVENTS

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added.

 

Elizabeth Gibson (Pronouns: she/her/ella)

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter

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

As always, thanks Elizabeth. 

Sanchez-Amador v. Garland — The 5th Circuit Goes Off The Rails Again To Threaten Refugee Women of Color!

https://www.ca5.uscourts.gov/opinions/pub/20/20-60367-CV0.pdf

The issue in Sanchez-Amador is whether a reasonable person in her position would believe that the Government of Honduras is “unwilling or unable” to protect her. On the facts set forth in the court’s decision, any reasonable person in her position would hold such a objectively reasonable view. Therefore asylum should have been granted.

For some context, Honduras has one of the highest femicide rates in the world. Indeed, it is “one of the most dangerous places in the world to be a woman.” See, e.g., https://news.sky.com/story/the-most-dangerous-place-in-the-world-to-be-a-woman-11950981

The Honduran Government is so totally corrupt, inept, and disinterested in protecting its citizens, particularly women, that recent past “President Juan Orlando Hernandez [is] on the United States’ Corrupt and Undemocratic Actors list, under Section 353 of the United States–Northern Triangle Enhanced Engagement Act.” https://www.state.gov/u-s-actions-against-former-honduran-president-juan-orlando-hernandez-for-corruption/

Ricardo Zuniga, the U.S. Special Envoy to Central America recently said: “‘All we’re trying to do now is halt the slide’ of democracy and accountability, Zúniga said in an interview with The [L.A.] Times, ‘so that we can have some place to build from.’” https://apple.news/A9FpzsjRAQ2OoAyQZzHZm1A. 

In other words, any a semblance of the rule of law and honest, minimally effective government in the Northern Triangle has long disappeared. Conditions are rapidly getting worse, rather than better. Conditions are so bad, that a better Administration or a better BIA could probably establish a “rebuttable presumption of failure of state protection in the Northern Triangle,” thus properly shifting to the DHS the burden of establishing, against all odds, that “state protection” against gangs and other basically uncontrolled third-party actors would actually be effective in a particular case.

This common sense action would also facilitate rapid, efficient, consistent, and correct approval of many credible, valid asylum claims now stuck in the endless, largely self-inflicted, backlogs at the Asylum Office and in Garland’s dysfunctional courts, not to mention at the border following two years of illegal suspension of our asylum laws. That’s as opposed to the unseemly “Institutionalized Refugee Roulette” now being played by Garland and his subordinates.

According to the Supremes in Cardoza-Fonseca and the BIA itself in Matter of Mogharrabi, asylum law is supposed to be generously applied to grant protection even where persecution, although reasonably possible, is significantly less than likely. But, in Garland’s dysfunctional “courts,” the current reality for vulnerable asylum seekers has moved far, far away from those supposed “norms.”

Although most asylum applicants come from nations with well-established records of serious endemic human rights abuses, “asylum denial rates” at EOIR range from 10% or less to a beyond outrageous 98% or more denials! Cases with basically the same facts might be routinely granted in one courtroom while being uniformly denied, usually for specious reasons, in the next.

Moreover, while the overall nationwide grant rate of around 37% appears unreasonably low but perhaps still within the outer bounds of “plausibility,” most of those grants are “concentrated” in a relatively small number of Immigration Courts, basically in the Northeast and in California. A disturbing number of IJs and courts are allowed, perhaps even encouraged, by Garland and his denial-oriented, Trump-holdover BIA to establish “asylum free zones.” In other words, Garland has looked the other way while some of “his courts” have basically become de facto “asylum death squads.”

Back to Ms. Sanchez-Amador. Under the circumstances shown by Ms. Sanchez-Amador, a “reasonable woman” would not expect any effective protection from the Honduran Government. The respondent has shown that her “expectation of no protection” was “fulfilled” in this case.

The respondent credibly testified that a gang member said she had a week to either pay him money or become “his woman,” join the gang, and have involuntary sex with him, that is, he threatened to rape her. When she dutifully reported this to the police (despite their well-deserved reputation for indifference to attacks on women), she was told that they would investigate but that it would take two weeks, and offered her no other protection or options in the interim.

In other words, in response to an imminent, credible threat of harm, the police told the respondent that they would do nothing to stop the harm that would be inflicted upon her in a week. By the time the police “investigated,” assuming they ever did which seems doubtful in light of conditions in Honduras, the respondent would be either extorted or raped and forced to join a gang against her will. While police in Honduras might have a well-deserved reputation for corruption and ineffectiveness, gangs, on the other hand, have a reputation for being ready, willing, and able to carry out their threats against women, usually with impunity.

Elementary asylum law tells us that it is neither reasonable nor required that a refugee wait to actually be persecuted before fleeing to safety. That’s exactly what a “well-founded fear” is!

Yet a panel of male, right-wing judges of the Fifth Circuit nonsensically and disingenuously concludes that “one would be hard-pressed to find that the authorities were unable or unwilling to help her [because] she never gave them the opportunity to do so.” Poppycock! 

The police failed to offer the respondent any semblance of effective protection. Given the conditions in Honduras, and the credible threats the respondent had received, a reasonable woman in the respondent’s position would flee to safety at the first opportunity rather than waiting for the gang to carry out its credible threat of harm and for the police to, perhaps, but likely not, investigate after the fact!

Indeed, it’s no stretch to say that under the facts of this case, NO reasonable woman would have remained in Honduras if able to escape.  Moreover, NO reasonable factfinder would conclude that she lacked a reasonable possibility of persecution there!

The panel judges have perverted, perhaps intentionally, the criteria for asylum, the standard for review, and misconstrued the record to deny legal protection to this refugee woman. But, there is an even deeper problem here. And, it goes to Attorney General Garland and his mismanagement of the entire, broken Immigration Court system.

I daresay that NO asylum expert would have handled this potentially perfectly grantable case the way this Immigration Judge and the BIA did. This whole process documents an ongoing, biased, unprofessional, designed-to-deny asylum system that unfairly attacks and threatens “the most vulnerable among us” — targeting women of color in a particularly racist-misogynistic way!

I hope that this particular example of injustice, inhumanity, and unprofessionalism at all levels of the judiciary isn’t what awaits long suffering asylum seekers if and when the Administration finally lifts the illegal “Title 42 Blockade/Charade” on May 23. But, I have little reason for optimism. 

Beyond long overdue reversals of several Sessions/Barr bogus anti-asylum, anti-immigrant “precedents,” neither Garland or Mayorkas has shown much inclination to actually get asylum law right. Nor have they empowered or employed the human rights and due process experts who could lead them out of the wilderness in which their entire “denial and deterrence-oriented” system now wanders.

Perhaps ironically, the all-too-often lawless Fifth Circuit refuses to acknowledge even those modest actions by Garland to correct the law, notwithstanding the supposed “great deference” they claim to show the Executive in the area of immigration. Like much that the Fifth Circuit does these days, that “deference” appears reserved for White men and is not applied to vindicate the rights of “persons” who happen to be migrants, women, or people of color.

“Dred Scottification” of “the other” is NOT a legitimate legal theory. No, it’s part of the “anti-democracy activism” that threatens to destroy our legal system and take our nation down with it! ☠️

🇺🇸Due Process Forever!

PWS

04-12-22

Related posts:

  1. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  2. GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators &   Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”
  3. 🇺🇸🗽⚖️GEORGE W. BUSH INSTITUTE REPORT: GENDER VIOLENCE ☠️⚰️DRIVES CONTINUING REFUGEE FLOW TO U.S. — Dishonesty Of Sessions’s Misogynistic Attack In Matter Of A-B- 🤮 Exposed Again! — Yet, Garland Fails To Take Action To End Misogyny, Anti-Asylum Culture @ EOIR, Even As He Also Fails To Insist On The Restoration Of The Rule Of Law @ Our Borders! —  WHY?🤯
  4. WHEN ARTICLE III COURTS FAIL: U.S. “Orbits” Refugee Families To Dangerous Chaos In Guatemala Under Clearly Fraudulent “Safe Third Country” Arrangements As Feckless U.S. Courts Fail To Enforce Constitutional Due Process & U.S. Asylum Laws In Face Of Trump Regime’s Contemptuous Scofflaw Conduct!

🤡 “BILLY THE BIGOT” BARR PULLED UP IN A CLOWN CAR 🤡🚗 & UNLOADED HIS CLOWN SHOW 🤡🎪 @ THE DOJ — Garland Has Chosen To Largely Leave The “Big Top” 🎪🤹‍♀️In Place!

Barr Departs
Lowering The Barr by Randall Enos, Easton, CT
Republished By License
Dana Milbank
Dana Milbank
Opinion Columnist
Washington Post

From Dana Milbank @ WashPost:

https://www.washingtonpost.com/opinions/2022/03/04/bill-barr-book-trump-clown-show/

 . . . .

In real time, Barr jettisoned Justice Department norms and authorized the department to open election-fraud investigations before the tallies were certified. Barr, who had falsely asserted that mail-in voting was vulnerable to counterfeit foreign ballots, did allow at one point that the Justice Department hadn’t found enough fraud to change the election outcome — “to date.” But his sycophantic departure letter (“you built the strongest and most resilient economy in American history”) said “these allegations will continue to be pursued.”

Had Barr spoken out publicly about Trump’s “clown show,” perhaps he could have punctured the “big lie” before it resulted in the Jan. 6 insurrection. Barr didn’t even speak out during Trump’s impeachment, instead offering his self-serving view 14 months later while hawking his book — after Trump managed to get the bulk of the Republican electorate to accept the “big lie” as an article of faith.

Barr is just the latest in the parade of former Trump officials to wash their hands of him long after their public condemnation would have done any good: John Bolton, John F. Kelly, Rex Tillerson, Jim Mattis, Reince Priebus, Nikki Haley, Gary Cohn, Omarosa Manigault Newman, Michael Cohen, Anthony Scaramucci, H.R. McMaster and many more.

But nobody in the administration did more to enable Trump’s deceptions and assaults on democracy than Barr. He buried the Mueller report while issuing a public summary that misrepresented it; he alleged the Obama administration “spied” on the Trump campaign, and he appointed a prosecutor who is, years later, still trying to prove true Trump’s paranoid fantasy; he scoured the world for evidence to discredit the Trump-Russia probe; his Justice Department gave credibility to Rudy Giuliani’s ravings about the Bidens in Ukraine; he tried to give favorable treatment to Trump cronies Michael Flynn and Roger Stone; he justified the violent assault on peaceful demonstrators in Lafayette Square; he made unfounded allegations against “antifa” and assembled a militia-like force of often-unidentified federal police in D.C. And on, and on.

Now Barr wants to be remembered as the brave figure who spoke truth to power? Talk about a clown show.

🤡🤡🤡🤡🤡🤹‍♀️🤹‍♀️🤹‍♀️🤹‍♀️🤹‍♀️

Barr’s attempted self-justification would be funny if the consequences of his silence hadn’t been so dire. He allowed Trump to pull off a democracy-defying swindle.

. . . .

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

Read  Milbank’s full article at the link.

There were plenty of folks @ DOJ who “went along to get along” with the Sessions/Barr radical right-wing scheme to deconstruct justice with a series of lies, racially charged false narratives, questionable, arguably frivolous, presentations to Federal Courts, use of pretexts, discrediting of civil rights and free and fair elections, and undermining or outright violations of both domestic laws and international conventions protecting the human rights of migrants.

Others were installed or promoted within Justice because of their actual or perceived willingness to run over the law, truth, and often human dignity, to further the far-right agenda. In other words, they would elevate loyalty to the Trump agenda over their duty to the U.S.  Constitution!

What, exactly, has AG Garland done to “clean house”🧹 and restore the rule of law, Government ethics, fundamental fairness, and due process for migrants? Good question!🤨

In the meantime, notwithstanding his pathetic, outrageous, disingenuous, attempt at rehabilitation “BTB” Barr should go down in history as exactly the divisive, dishonest, neo-fascist, theocrat sleaze-ball that he is!🤮

And, Garland will be judged by what he does to reject and reform the mess @ Justice left by his predecessors. In that respect, “Miller Lite” won’t do it.

Miller Lite
This might be Garland’s vision for justice, but to the NDPA, “no way!” 

🇺🇸Due Process Forever!

PWS

03-06-22

Related posts:

  1. 🏴‍☠️☠️🤮👎🏻IN NYT OP-ED, FORMER TRUMP DOJ ATTORNEY ERICA NEWLAND ADMITS COMPLICITY! — Having Undermined Democratic Institutions, Sold False Narratives To (Too Often Willing) Federal Judges, & Participated In Racist-Inspired “Dred Scottification” (“Dehumanization”) Of the Other Is Actually a BIG Deal! — So Is The Destruction Of Due Process & Fundamental Fairness In The Immigration Courts (Now, “Clown Courts”🤡, or “America’s Star Chambers”☠️) 
  2. 🤮NO PEACE ON EARTH GOODWILL TOWARD MEN (WOMEN, OR ESPECIALLY CHILDREN) FROM REGIME OF “BAD SANTAS” 🦹🏿‍♂️🎅🏻— Illegally Separated Families Continue To Suffer Irreparable Trauma, 😰 Volunteer Groups 😇🗽⚖️ Left To Pick Up Pieces — A Reminder That Defeated Regime Has Mocked, Disparaged, & Trashed Christ’s Values & Assaulted Humanity Over Four Christmases!🏴‍☠️🤮☠️⚰️👎🏻
  3. 🤡CLOWN CAPITOL:  J.R. PRESIDES OVER GOP CLOWN SHOW HE HELPED CREATE — Empowering The Koch Bros, Suppressing Minority Votes, Enabling GOP Gerrymandering, Ignoring Invidious Racial & Religious Motives, Turning A Blind Eye To Lies & Pretexts, It All Contributed To The Arrogant Display Of GOP Dishonesty & Impunity Now On Public Display In The Senate! — Plus Bonus Friday Mini-Essay: “Profiles in Fecklessness”
  4. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!

📖 BOOK OF REVELATION: AFTER CARRYING TRUMP’S WATER @ DOJ, BILLY BARR COMES TO A NOT SO STUNNING CONCLUSION: TRUMP’S A COMPLETE SCHMUCK! 🤮

Sadie Gurman
Sadie Gurman
Justice Reporter
WSJ
PHOTO: Twitter

https://www.wsj.com/articles/ex-attorney-general-william-barr-urges-gop-to-move-on-from-trump-11645959600

Sadie Gurman describes Billy’s new 600-page “tome of discovery” in the WSJ:

. . . .

Af­ter the elec­tion, Mr. Barr said that Mr. Trump “lost his grip” and that his false claims of voter fraud led to the Jan. 6, 2021, at­tack on the U.S. Capi­tol by sup­port­ers try­ing to thwart the cer­ti­fi­ca­tion of Mr. Biden’s No­vember 2020 vic­tory.

“The ab­surd lengths to which he took his ‘stolen elec­tion’ claim led to the ri­ot­ing on Capi­tol Hill,” Mr. Barr writes.

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

Duh!

Trump Clown
Donald J. Trump
Famous American Clown
(Officially titled “Ass Clown”)
Artist: Scott Scheidly
Orlando, FL
Reproduced by permission

🇺🇸 Due Process Forever!

PWS

02-27-22

Related posts:

  1. 🤮NO PEACE ON EARTH GOODWILL TOWARD MEN (WOMEN, OR ESPECIALLY CHILDREN) FROM REGIME OF “BAD SANTAS” 🦹🏿‍♂️🎅🏻— Illegally Separated Families Continue To Suffer Irreparable Trauma, 😰 Volunteer Groups 😇🗽⚖️ Left To Pick Up Pieces — A Reminder That Defeated Regime Has Mocked, Disparaged, & Trashed Christ’s Values & Assaulted Humanity Over Four Christmases!🏴‍☠️🤮☠️⚰️👎🏻
  2. 🏴‍☠️☠️⚰️KAKISTOCRACY WATCH: AILA Blasts Appointment Of Prosecutors Without Judicial Qualifications To Top Judicial Positions in Billy the Bigot’s Weaponized Anti-Due-Process “Court” System — Dysfunction, Bias, Illegitimate Decisions Run Rampant As Congress, Article IIIs Fail to Enforce U.S. Constitution!
  3. 🏴‍☠️☠️🤮⚖️⚰️👎🏻KAKISTOCRACY WATCH: BILLY THE BIGOT BLOWS BIGTIME BS AT CONGRESS: Laura Coates @ CNN With Analysis Of Billy’s Opening Statement Liefest & Stream Of Racist Tropes! — With This Trump Toady As Chief Lawyer, & Feckless Courts & Legislators, The U.S. Legal System Is Functionally Dead ☠️⚰️
  4. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!

🇺🇸RACE IN AMERICA: THE REAL DR. KING WAS NOTHING LIKE TODAY’S WHITEWASHED MYTH! 

Martin & Mitch
Martin & Mitch
By John Cole
Published by license

Michael Harriot in The Guardian:

https://www.theguardian.com/commentisfree/2022/jan/17/mlk-is-revered-today-but-the-real-king-would-make-white-people-uncomfortable?CMP=Share_iOSApp_Other

Every year, on the third Monday in January, America hosts a Sadie Hawkins-style role-reversal where the entire country pretends to celebrate a man whose achievements and values they spent the previous 364 days ignoring, demonizing and trying to dismantle. Today, your favorite vote suppressors will take a brief respite from disenfranchising Black voters, denying history and increasing inequality to celebrate a real American hero.

That’s right, it’s MLK Day!

You might think it’s a little disrespectful to refer to a great American hero by his initials but, in this specific case, it’s perfectly fine. The actual Martin Luther King Jr who lived and breathed is not the man most people will be honoring today because that Martin Luther King is dead and gone. No, the man upon whom they will heap their performative praise with social media virtue-signaling is MLK, a caricature of a man whose likeness has been made palatable for white consumption. Like BLM, CRT and USA, the people who King fought against have now managed to flatten a three-dimensional symbol to a three-letter, chant-worthy phrase worthy of demonization or deification.

. . . .

Although, in death, he became one of the most revered figures in US history, for the entirety of the 39 years that King lived and breathed, there wasn’t a single day when the majority of white Americans approved of him. In 1966, Gallup measured his approval rating at 32% positive and 63% negative. That same year, a December Harris poll found that 50% of whites felt King was “hurting the negro cause of civil rights” while only 36% felt he was helping. By the time he died in 1968, three out of four white Americans disapproved of him. In the wake of his assassination, 31% of the country felt that he “brought it on himself”.

One does not have to reach back into the historical archives to explain why King was so despised. The sentiments that made him a villain are still prevalent in America today. When he was alive, King was a walking, talking example of everything this country despises about the quest for Black liberation. He railed against police brutality. He reminded the country of its racist past. He scolded the powers that be for income inequality and systemic racism. Not only did he condemn the openly racist opponents of equality, he reminded the legions of whites who were willing to sit idly by while their fellow countrymen were oppressed that they were also oppressors. “He who passively accepts evil is as much involved in it as he who helps to perpetrate it,” King said. “He who accepts evil without protesting against it is really cooperating with it.”

. . . .

“The first thing I would like to mention is that there must be a recognition on the part of everybody in this nation that America is still a racist country,” said King days before a white supremacist put a bullet in his face. “Now however unpleasant that sounds, it is the truth. And we will never solve the problem of racism until there is a recognition of the fact that racism still stands at the center of so much of our nation and we must see racism for what it is.”

See how many times someone mentions that quote today.

Oh, wait … King made that speech at Grosse Pointe High School, where Michigan’s Republican-controlled House of Representatives recently passed an anti-CRT bill making it illegal to teach that the “United States is a fundamentally racist country”.

Never mind.

. . . .

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Read the full article at the link.

Like the figure of Christ in Dostoyevsky’s The Grand Inquisitor, if Dr. King returned to earth today he would be imprisoned, interrogated, condemned and permanently banished by the corrupt and cowardly right-wing pols, religious bigots, disingenuous judges, pundits, and others who falsely claim to be honoring his memory and vision of racial equality!

🇺🇸Due Process Forever!

PWS

01-17-22

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  4. COLBY KING @ WASHPOST: “The values preached by Martin Luther King Jr. need rediscovering in 2020” — “Knowing right from wrong; honesty; justice. Basic values preached by Martin Luther King Jr. still need rediscovering in 2020.”

🤮👎🏽WASHPOST SLAMS BIDEN ADMINISTRATION FOR ABANDONING NEGOTIATIONS WITH FAMILIES WHO SUFFERED CHILD ABUSE BY SESSIONS & MILLER! — “Having condemned a policy that traumatized children and their parents, Mr. Biden now leads an administration fighting in court to deny recompense to those same families.”

“Floaters”
So, what’s the “dollar value” of brown-skinned human lives to Biden, Harris, &  Garland?  We’re about to find out!
EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)

https://www.washingtonpost.com/opinions/2022/01/05/president-biden-broke-his-promise-separated-migrant-families/

Opinion by the Editorial Board

January 5 at 2:18 PM ET

When the Trump administration wrenched migrant babies, toddlers and tweens from their parents as a means of frightening away prospective asylum seekers, it was guilty of emotionally torturing innocent children. Americans of every political leaning expressed revulsion toward the policy implemented in 2018, especially when it became clear that the government had kept no clear records linking parents with their children — in other words, no ready means to reunite the families.

President Biden, as a candidate and also once in office, made clear his own disgust at the so-called zero-tolerance policy, calling it “criminal.” He said, correctly, that it “violates every notion of who we are as a nation.”

Now the president, having explicitly endorsed government compensation that would address the suffering of separated migrant family members, has apparently had a change of heart — or political calculation. In mid-December, the Justice Department abruptly broke off negotiations aimed at a financial settlement with hundreds of affected families. Having condemned a policy that traumatized children and their parents, Mr. Biden now leads an administration fighting in court to deny recompense to those same families.

The government has no means of alleviating the trauma inflicted by the previous president’s egregious treatment of those families. That is particularly true as regards the children, whose torment has been described and documented by medical professionals, advocates and journalists. The babies and toddlers who didn’t recognize their own mothers when they were finally reunited; the depression; the fear of further separations, even brief ones — the human aftershocks of Donald Trump’s heartlessness will linger for years, and for lifetimes in some cases.

The administration compounds the hurt by breaking off negotiations on compensating victims. The government must be held accountable; compensation is the most potent and credible vehicle for achieving that.

Granted, there may be a political price to pay. Republicans had a field day blasting the White House after media reports this fall suggested the government might pay $450,000 to separated family members — a settlement that could amount to $1 billion if applied to the several thousand affected migrants. Mr. Biden, apparently unaware of the status of negotiations at that time, said the reports, first published in the Wall Street Journal, were “garbage.” He later backed away from that remark, saying he did not know how much money would be suitable but that some amount was certainly due.

Now, it seems, all bets are off. In the absence of a negotiated settlement, the government would enter into what would likely be years of costly litigation, in which Mr. Biden’s Justice Department would be in the awkward position of defending a policy that Mr. Biden himself — and most Americans — have condemned as evil. There is no predicting how individual judges or juries might react to documented accounts of harm done to children. No one should be surprised if some were to award enormous damages — conceivably in amounts that exceed the $450,000 contemplated in the now-stalled negotiations.

By walking away from the bargaining table, Mr. Biden has broken an explicit, repeated promise. Whatever the political calculus behind that decision, it is morally indefensible.

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

Garland fails to stand up for the rights of families of color — again. At the same time, he ties up resources on a frivolous DOJ defense of the indefensible!

“Replacement theory,” White Nationalism, and racism always have been and remain at the core of the GOP’s anti-democracy insurrection. It’s no coincidence that Trump’s plans to de-stabilize American democracy began with cowardly attacks on vulnerable migrants (enabled by a failed Supremes) and culminated in open insurrection.

The dots aren’t that hard to connect. But, Garland doesn’t seem to be able to do it!

If Garland can’t handle the “low hanging fruit” — like settling these cases and creating a progressive judiciary at EOIR who will stand up  for the rights of all persons while using expertise and “practical scholarship” to replace dysfunction with efficiency, his pledge to hold the January insurrectionists and their leaders accountable rings hollow!

I’m not the only one to note and question Garland’s uninspiring performance as Attorney General at a time of existential crisis. https://www.sfchronicle.com/opinion/editorials/article/Editorial-Merrick-Garland-isn-t-going-to-save-16752522.php?utm_source=newsletter&utm_medium=email&utm_content=headlines&utm_campaign=sfc_opinioncentral&sid=5bfc15614843ea55da6b8709

For those who read the LA Times, there was a “spot on” letter to the editors today accurately characterizing Garland as the “Attorney General for different era.”

As I’ve noted before, this is NOT Ed Levi’s, Griffin Bell’s, or Ben Civiletti’s DOJ. It isn’t even Janet Reno’s DOJ. (I ought to  know, as I worked under each of the foregoing.)

It’s an organization that has become increasingly politicized over the last two decades (as it was during Watergate), and that allowed itself to be weaponized by Trump’s White Nationalist regime. EOIR, Executive Orders, and immigration litigation were perhaps the most obvious, but by no means the only, examples.

🇺🇸 Due Process Forever!

PWS

01-07-22

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  2. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!
  3. 🏴‍☠️☠️🤮👎🏻IN NYT OP-ED, FORMER TRUMP DOJ ATTORNEY ERICA NEWLAND ADMITS COMPLICITY! — Having Undermined Democratic Institutions, Sold False Narratives To (Too Often Willing) Federal Judges, & Participated In Racist-Inspired “Dred Scottification” (“Dehumanization”) Of the Other Is Actually a BIG Deal! — So Is The Destruction Of Due Process & Fundamental Fairness In The Immigration Courts (Now, “Clown Courts”🤡, or “America’s Star Chambers”☠️) 
  4. ⚖️🗽🧑🏽‍⚖️COURTS OF APPEALS CONTINUE TO THROW ROTTEN TOMATOES 🍅 @ BIA’S ANTI-ASYLUM BIAS — Basic Analytical, Legal Errors Continue From Weaponized, Non-Expert “Star Chamber” ☠️ Posing As ”Tribunal!” — Judge Garland Must Fix This Inexcusable, Unnecessary, Systemic Failure Now! — Justice For Persons Of Color & Migrants Can’t “Wait For Godot!”

🏴‍☠️NO ACCOUNTABILITY: ONE YEAR AFTER PUBLICLY INSTIGATING A FAILED COUP, TRUMP CONTINUES TO OPENLY PLOT TO OVERTHROW DEMOCRACY, AS NEO-FASCIST GOP & ITS TOADY POLITICOS LINE UP BEHIND THE “BIG LIE!” — THE GOP, & THOSE WHO SUPPORT & ENABLE IT, HAS ACTUALLY BECOME THE BIGGEST THREAT TO THE FUTURE OF OUR REPUBLIC!🤮👎🏽🏴‍☠️

S.V. Date
S.V. Date
Senior White House Correspondent
HuffPost
PHOTO: HuffPost

https://www.huffpost.com/entry/trump-coup-attempt_n_61c2733fe4b04b42ab6602a2

SV Date on HuffPost:

WASHINGTON — What if you attempted a coup but people were unwilling to wrap their heads around what you had done?

A year after Jan. 6, 2021, that is the peculiar situation in which Donald Trump finds himself. Instead of being carted off in handcuffs for inciting an insurrection against the United States, or even just being banished from federal office for life by the Senate, the former president instead remains the leader of one of the two major political parties and is openly considering another run for the White House in 2024.

. . . .

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

Cas Mudde
Cas Mudde
US Columnist
The Guardian

https://www.theguardian.com/commentisfree/2022/jan/05/capitol-attack-january-6-democracy-america-trump?CMP=Share_iOSApp_Other

Cas Mudde on The Guardian:

The government is finally taking the threat of far-right militia groups seriously. But the larger threat are the Republican legislators who continue to recklessly undermine democracy

One year ago, he was frantically barricading the doors to the House gallery to keep out the violent mob. Today, he calls the insurrection a “bold-faced lie” and likens the event to “a normal tourist visit”. The story of Andrew Clyde, who represents part of my – heavily gerrymandered – liberal college town in the House of Representatives, is the story of the Republican party in 2021. It shows a party that had the opportunity to break with the anti-democratic course under Donald Trump, but was too weak in ideology and leadership to do so, thereby presenting a fundamental threat to US democracy in 2022 and beyond.

The risk of a coup in the next US election is greater now than it ever was under Trump | Laurence H Tribe

Clyde is illustrative of another ongoing development, the slow but steady takeover of the Republican party by new, and often relatively young, Trump supporters. In 2015, when his massive gun store on the outskirts of town was still flying the old flag of Georgia, which includes the Confederate flag, he was a lone, open supporter of then-presidential candidate Trump, with several large pro-Trump and anti-“fake news” signs adorning his gun store. Five years later, Clyde was elected to the House of Representatives as part of a wave of Trump-supporting novices, mostly replacing Republicans who had supported President Trump more strategically than ideologically.

With his 180-degree turn about the 6 January insurrection, Clyde is back in line with the majority of the Republican base, as a recent UMass poll shows. After initial shock, and broad condemnation, Republicans have embraced the people who stormed the Capitol last year, primarily referring to the event as a “protest” (80%) and to the insurrectionists as “protesters” (62%), while blaming the Democratic party (30%), the Capitol police (23%), and the inevitable antifa (20%) for what happened. Unsurprisingly, the vast majority of Republicans (75%) believe the country should “move on” from 6 January, rather than learn from it. And although most don’t care either way, one-third of Republicans say they are more likely to vote for a candidate who refuses to denounce the insurrection.

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The increased anti-democratic threat of the Republican party can also be seen in the tidal wave of voting restrictions proposed and passed in 2021. The Brennan Center for Justice counted a stunning 440 bills “with provisions that restrict voting access” introduced across all but one of the 50 US states, the highest number since the Center started tracking them 10 years ago. A total of 34 such laws were passed in 19 different states last year, and 88 bills in nine states are being carried over to the 2022 legislative term. Worryingly, Trump-backed Republicans who claim the 2020 election was stolen are running for secretary of state in various places where Trump unsuccessfully challenged the results.

. . . .

At the same time, the Republican party has become increasingly united and naked in its extremism, which denies both the anti-democratic character of the 6 January attack and the legitimacy of Biden’s presidency, and is passing an unprecedented number of voter restriction bills in preparation for the 2022 midterms and 2024 presidential elections. As long as the White House mainly focuses on fighting “domestic violent extremism”, and largely ignores or minimizes the much more lethal threat to US democracy posed by non-violent extremists, the US will continue to move closer and closer to an authoritarian future.

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

You can read both articles in full at the above links.

If you are counting on AG Merrick Garland to “lead the charge” on establishing accountability, your optimism might be tempered by his own failure to “clean house” at DOJ and in particular by his failure to reform his wholly-owned Immigration Court system that was front and center in assisting and carrying out the Trump/Miller White Nationalist assault on the rule of law, primarily targeting individuals of color and the “world’s most vulnerable” seeking justice in our system.

🇺🇸Due Process Forever!

PWS

01-06-22

 

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🇺🇸🗽⚖️NDPA VIRTUAL OPPORTUNITY: Meet Rising Superstar 🌟  & Social Justice Advocate Denea Joseph, Current Ousley Social Justice Resident @ Beloit College — Friday, Sept. 17 @ 7:00 PM CDT — FREE Virtual Link Here!

Of interest? You can join virtually.

———- Forwarded message ———

From: Atiera Lauren Coleman <colemana@beloit.edu>

Date: Wed, Sep 8, 2021 at 3:10 PM

Subject: [EVENT] Ousley Residency: All Black Lives Matter: Black Immigrants and the Immigrants’ Rights Movement

To: <facstaff@lists.beloit.edu>

Ousley Residency Keynote Speaker

Denea Joseph

Friday, September 17, 7:00 PM – In-person & Virtual – (Add to Google Calendar)

BTYB – Student Success, Equity, and Community and the Weissberg Program in Human Rights & Social Justice

The Office of Student Success, Equity & Community Ousley Scholar In Residency honors the legacy of Grace Ousley, the first black woman to graduate from Beloit College. It is a junior scholar/activist/organizer/intellectual committed to the theory and practice of social justice. They should embody the “academic hustler” who fights for “social justice” in all aspects of their work. Support for the residency comes from the Weissberg Program in Human Rights and Social Justice and the Office of Student Success. Equity & Community.

pastedGraphic.png

Event Details

Date: Friday, September 17, 2021

Time: 7:00 PM -8:30 PM

How to attend

In-person – Weissberg Auditorium – Powerhouse

Virtual – Join Zoom Meeting  https://beloit.zoom.us/j/81172664933

— 

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

This promises to be a great program! And, the Ousley Residence Program is a fantastic contribution to educating and inspiring new generations of Americans about the many challenges still facing us in achieving social justice in our nation.

The abrogation of due process and dehumanization of people of color has, outrageously, become part of the dysfunctional U.S. Immigration Court System. The last Administration specifically encouraged and promoted this ugly, anti-democracy, phenomenon and then used it to spearhead an all-out assault on racial justice, gender equality, LGBTQ rights, religious tolerance, economic progress, voter rights, and humane progressive values throughout American society.

Unfortunately, many progressives have been slow to “connect the dots” and insist that meaningful social justice change start with fixing the racial and gender bias problems in our Immigration Courts, tribunals that are under the complete control of the Biden Administration!

For example, current Attorney General Merrick Garland rather incredibly claims to be standing up for women’s rights in Texas and defending voting rights for minorities while continuing to run misogynistic, regressive “Star Chambers” at EOIR, staffed with many judges hand-selected by Jeff Sessions and Billy Barr, and tossing vulnerable women refugees of color back across our Southern Border into harm’s way without any “process” at all, let alone “Due Process of Law.” Garland also continues to enable human rights abuses in the “New American Gulag” of DHS civil detention! We can see this process of dehumanization of the “other” before the law, called “Dred Scottification” by many of us, spreading throughout our legal system and being endorsed and “normalized” all the way up to the Supremes.

From the summary in the announcement above, it appears that Denea, based on her own inspiring life and achievements as a “Dreamer,” will help us to “connect the dots” between racial justice, immigrant justice, and equal justice for all. Immigrants’ Rights = Human Rights = Everyone’s Rights!

🇺🇸Due Process Forever!

PWS

09-09-21

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  2. 🤮👎🏽ULTIMATE HIPOCRACY: EVEN AS AMERICA FINALLY CELEBRATES JUNETEENTH HOLIDAY, DRED SCOTT & INSTITUTIONALIZED RACIST DEHUMANIZATION REMAIN REALITIES FOR BLACKS & OTHER MIGRANTS OF COLOR AT EOIR & DHS — Imprisonment Without Trial, Bogus Bonds, Mistreatment In The New American Gulag, Jim Crow “Courts,” No Rule Of Law,  Still Realities For Those Of Color Exercising Legal Rights In Broken System!
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🤮👎🏽GREGG ABBOTT IS A MISOGYNIST MORON, A RACST VOTE SUPPRESSOR, & OTHER STUFF WE ALREADY KNEW FROM BESS LIVIN @ VANITY FAIR!

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

Levin Report: Dumbass Texas Governor Claims No-Exceptions Abortion Law Is Fine Because He’s Going to “Eliminate” Rape
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If you’re a person who believes it’s literally no one’s business who gets an abortion other than that of the pregnant individual undergoing the procedure, you’ve likely been incandescent with rage since the Supreme Court’s conservative majority decided to allow Texas to proceed with an insane law that prohibits terminating pregnancies after six weeks, with no exceptions for rape or incest. That anger likely stems from not just the law itself but having to listen to the chorus of dumbass voices who’ve come out backing Texas for effectively banning people from obtaining an abortion, from Tucker Carlson, who opined that the law shows “democracy does still exist,” to California gubernatorial candidate Caitlyn Jenner, who ironically commented that she supports Texas’s right to choose its own laws.

Of course, another one of those voices is the Lone Star state governor Greg Abbott, who signed the bill into law in May, saying at the time, “Our creator endowed us with the right to life and yet millions of children lose their right to life every year because of abortion,” and that the Texas Legislature “worked together on a bipartisan basis to pass a bill that…ensures that the life of every unborn child who has a heartbeat will be saved from the ravages of abortion.” (That both sides of the aisle supported the bill would be news to Texas Democrats, as just a single one of them voted for it.)

Asked on Tuesday why his state felt the need to “force a rape or incest victim to carry a pregnancy to term,” Abbott responded like only a person who really, really hates women can, claiming, “It doesn’t require that at all.” He added: “Because obviously it provides at least six weeks for a person to be able to get an abortion, so for one it doesn’t [require] that. That said, however, let’s make something very clear. Rape is a crime and Texas will work tirelessly to make sure that we eliminate all rapists from the streets of Texas by aggressively going out and arresting them and prosecuting them and getting them off the streets.”

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There’s a lot to unpack here, so let’s start with the fact that Abbott is claiming that because the law allows for abortion up to six weeks, it’s not forcing anyone to do anything. As doctors, people who’ve been pregnant before, and people who’ve bothered to read a book on the subject before crafting legislation on it have noted, by the time a person misses her first period, she’s already roughly four weeks pregnant. That means that under Texas law, someone would have no more than two weeks, not six, to determine she’s pregnant and decide whether or not to get an abortion. Even in the case of people who are actively trying to get pregnant, that window can narrow even further for numerous reasons including if they have irregular cycles. Usually, then, one would make an appointment with a doctor to confirm the pregnancy, and as Abbott may or may not know, healthcare in America is not the greatest, so she may not be able to be seen for several weeks. And that hugely generous two weeks is not only a joke for many people actively trying to have a child, but for the majority of people who are not. “It is extremely possible and very common for people to get to the six-week mark and not know they are pregnant,” Jennifer Villavicencio, M.D., lead for equity transformation at the American College of Obstetricians and Gynecologists, told The New York Times. In other words, Abbott should fuck all the way off with his “obviously it provides at least six weeks for a person to be able to get an abortion.”

Then there’s the hilarious remark that he’s going to eliminate rape in Texas, so not allowing individuals to terminate pregnancies that result from heinous crimes is a moot point. Really, Abbott is going to make Texas rape-free? If he had that power, why didn’t he do it prior to enacting this law? The victims of the 14,824 reported rapes in his state in 2019, when he was four years into his first term, would probably love to know! (For those of you keeping up at home, that figure made Texas the No. 1 state for rape that year.)

Of course, Abbott is far from the first politician to say something ridiculously idiotic about abortion and rape. In fact, he joins a long line of assholes who’ve smugly offered their moronic two cents on the matter, an illustrious group that includes:

  • The Ohio state legislature, which introduced a bill in 2019 requiring doctors to “reimplant an ectopic pregnancy” into the uterus, or face charges of “abortion murder,” despite the fact that such a procedure is medically impossible;
  • Former Texas state representative Jodie Laubenberg, who claimed while in office that rape victims don’t need access to legal abortion, because they can get “cleaned out” with rape kits, which obviously is not at all how rape kits work;
  • Representative Michael Burgess, who somehow obtained a medical degree in 1977, and declared that male fetuses masturbate in utero—naturally, there is no evidence of this—, so abortions shouldn’t be allowed;
  • Former North Carolina state representative Henry Aldridge, who once said, “The facts show that people who are raped—who are truly raped—the juices don’t flow, the body functions don’t work, and they don’t get pregnant. Medical authorities agree that this is a rarity, if ever.” (Medical authorities do not agree with this);
  • Former congressman Todd Akin, who boldly declared on the campaign trail: “If it’s a legitimate rape, the female body has ways to try to shut that whole thing down.”

Welcome to the club, Greg! Can’t wait to hear you parse the nuances of putting $10,000 bounties on the heads of individuals trying to help people escape your barbaric law.

 

In other Abbott news…

When he’s not signing and defending disgraceful abortion bills, he’s disenfranchising millions of his constituents. Per Bloomberg:

Greg Abbott on Tuesday signed one of the nation’s most aggressive laws curbing access to the ballot, joining a wave of such restrictions enacted after former President Donald Trump’s false claim that the 2020 election was stolen. The legislature passed the measure last month after an exodus from the state by Democratic lawmakers during the first of two special sessions. After the walkout sputtered, Republican lawmakers passed the bill without delay.

Republicans have spent months raising doubts about the 2020 election, which experts say was one of the nation’s most secure. Now, supporters of new state laws say too many voters have lost faith in voting systems, and must be reassured.

“We must have trust and confidence in our elections,” Abbott said at a signing ceremony in Tyler, Texas. “The bill that I’m about to sign helps to achieve that goal. It ensures that every eligible voter will have the opportunity to vote.” Of course, that’s an interesting way to describe a law that makes it harder to vote, by, among other things, ending drive-thru voting, limiting mail-in voting, and endowing partisan poll watchers with more power. In a tweet, the American Civil Liberties Union wrote “This law is unconstitutional and anti-democratic. Texas—we’ll see you in court. Again.” Beto O’Rourke, the former Democratic U.S. representative from El Paso, wrote in a statement: “Governor Abbott is restricting the freedom to vote for millions of Texans. Instead of working on issues that actually matter, like protecting school kids from Covid or fixing our failing electrical grid, Abbott is focused on rigging our elections and implementing extreme, right-wing policies.”

. . . .

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

You can check out the rest of the always lively and entertaining “Levin Report” at the above link. Like their lost idol, Abbott & DeSantis are plumbing the absolute bottom of American politics and actually killing and irreparably harming their “constituents” as they do it. Undoubtedly, that will make them “heroes” in today’s existentially dangerous “anti-heroic, anti-democracy” GOP!

PWS

09-08-21

 

Related posts:

  1. ANNE APPLEBAUM @ THE ATLANTIC: “History Will Judge the Complicit: Why have Republican leaders abandoned their principles in support of an immoral and dangerous president?” ☠️👎🏻
  2. 🏴‍☠️☠️🤮⚖️⚰️👎🏻KAKISTOCRACY WATCH: BILLY THE BIGOT BLOWS BIGTIME BS AT CONGRESS: Laura Coates @ CNN With Analysis Of Billy’s Opening Statement Liefest & Stream Of Racist Tropes! — With This Trump Toady As Chief Lawyer, & Feckless Courts & Legislators, The U.S. Legal System Is Functionally Dead ☠️⚰️
  3. 👹🎃HALLOWEEN HORROR 🏴‍☠️☠️🤮⚰️👎🏻REICHSREPORT: GRUPPENFUHRER MILLER REVEALS “REICHSPLAN” FOR EXTERMINATION OF IMMIGRATION, ASYLUM, REFUGE BY EXECUTIVE DECREE!  — “The Final Solution??”  — Parents, Protect Your Kids, Families, & Your Country From This Grotesque Un-American Monster!
  4. 🤮NO PEACE ON EARTH GOODWILL TOWARD MEN (WOMEN, OR ESPECIALLY CHILDREN) FROM REGIME OF “BAD SANTAS” 🦹🏿‍♂️🎅🏻— Illegally Separated Families Continue To Suffer Irreparable Trauma, 😰 Volunteer Groups 😇🗽⚖️ Left To Pick Up Pieces — A Reminder That Defeated Regime Has Mocked, Disparaged, & Trashed Christ’s Values & Assaulted Humanity Over Four Christmases!🏴‍☠️🤮☠️⚰️👎🏻

☠️⚰️👎🏽5TH SIDES WITH WHITE NATIONALISTS ON MPP — Declares “Open Season” On Asylum Seekers Of Color, Biden Administration!

“Floaters”
“Floaters — How The World’s Richest Country Responds To Asylum Seekers” — Beneath the  disingenuous legal blather of the 5th Circuit’s tone-deaf judges, this is the sentence that they are pronouncing on the world’s most vulnerable, without any due process or concern for human dignity. 
EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)

Here’s the decision denying the Administration’s request for stay in Texas v. Biden:

5th MPP 21-10806-CV0

 *********************

Here are my prior posts on the District Court’s “off the wall” decision now basically endorsed by the Fifth Circuit: https://immigrationcourtside.com/2021/08/14/%e2%98%a0%ef%b8%8f%e2%9a%b0%ef%b8%8falternate-universe-where-human-rights-human-dignity-due-process-dont-matter-trumpist-usdj-shafts-asylum-seekers-of-color-by-reinstating/

https://immigrationcourtside.com/2021/08/16/%e2%98%a0%ef%b8%8f%e2%9a%b0%ef%b8%8f%f0%9f%8f%b4%e2%80%8d%e2%98%a0%ef%b8%8f%f0%9f%a4%aeoutrage-grows-in-human-rights-community-over-trumpist-right-wing-extremist-judges-assault-on-truth-huma/

Although this was only a stay application, the tone of the decision left little doubt about the court’s Trumpist ideology and intention to block rational humanitarian human rights initiatives by the Administration. Not surprisingly, the 3-judge panel was all GOP appointees — two Trump, one  Bush II

I wouldn’t expect any help from the Supremes. So, we’ll see whether right wing Federal Judges and GOP AGs can conduct a war on human rights and communities of color by taking over the immigration enforcement apparatus and re-instating Trump’s racist policies.

The Administration is not entirely blameless here. The extreme problems with MPP, including how it caused needless deaths, torture, kidnapping, extortion, rape, and other grotesque mistreatment for those returned, were well-documented going into the 2020 election. Indeed, Biden and Harris campaigned on a promise to reverse them!

Yet, not having a viable plan for restoring the legal asylum system and dealing humanely with new border arrivals “ready for prime time” by inauguration, and still not really having one, is problematic. Although some have “touted” the just-released asylum NPR as the “solution,” that system is not, by any stretch of the imagination, “ready for prime time” either, given the disastrous operational, personnel, “cultural, and “quality control” issues at both the Asylum Offices and EOIR, which could and should have been addressed before now and which could actually become worse if the NPR goes into effect without major internal and leadership changes at these dysfunctional agencies.  

https://immigrationcourtside.com/2021/08/18/%f0%9f%97%bdcourtsides-instant-analysis-bidens-proposed-asylum-regs-advocates-beware-%e2%9a%a0%ef%b8%8f%e2%98%b9%ef%b8%8f-despite-a-potentially-workable-framework-adminis/

Moreover, it appears that DOJ Attorneys did a substandard job of documenting the many problems, adverse effects, and operational issues with MPP and the injustices and abuses it inflicted upon legal asylum seekers.

As opposed to the rather contrived interests of the states in furthering oppression, endorsed by the Fifth Circuit, the human interests of those seeking asylum under what was supposed to be a fair and functional legal system have fallen off the radar screen. The law still says that any individual arriving at the border, regardless of status, has a right to apply for asylum. That right, as well as the humanity of refugees and the legal and moral obligations of our nation, has been entirely abrogated by the Fifth Circuit. 

In a well-functioning democracy, Congress could reform the law, bring the righty judges back under control, and restore Constitutional protections and human and civil rights, But, that would probably take a party different from today’s Dems. And, of course, with the support of the Supremes, the GOP is working furiously to suppress minority votes and insure GOP minority rule stretches long into the future. 

🇺🇸Due Process Forever!

PWS

08-20-21

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  1. ☠️⚰️ALTERNATE UNIVERSE WHERE HUMAN RIGHTS, HUMAN DIGNITY, & DUE PROCESS DON’T MATTER —Trumpist USDJ Shafts Asylum Seekers Of Color By Reinstating “Let ‘Em Die In Mexico” (a/k/a MPP) Directed Against Asylum Seekers Of Color!
  2. 👍🏼🗽⚖️🙂🇺🇸BREAKING: IN A STUNNING REVERSAL, BIDEN ADMINISTRATION WILL BEGIN DISMANTLING “REMAIN IN MEXICO” PROGRAM BY SCREENING & ADMITTING THOSE WHO HAVE BEEN AWAITING ASYLUM HEARINGS! — Processing To Begin On Feb. 19!
  3. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  4. 🗽OVER 100 CIVIL & HUMAN RIGHTS NGOS PROTEST BIDEN ADMINISTRATION’S FAILURE TO RESTORE RULE OF LAW FOR REFUGEES @ BORDER! — Continued Use Of Title 42 To Suspend Asylum Blasted By Experts: “The administration’s recent actions highlighted above are in direct contravention of the goal to repair the broken immigration system you inherited.”

⚖️ BELATED ETHICS REVIVAL? — “Rudster The Trumpster Fraudster” FINALLY Has Bar License Yanked!

Rudy Guiliani
Next on “America’s Crookedest Lawyers” — Rudy Guiliani!
Reprinted under license

https://www.huffpost.com/entry/rudy-giuliani-suspended-practicing-law-new-york_n_60d4a45ae4b0b6b5a1635dd9

Ryan Grenoble in HuffPost:

Rudy Giuliani has been suspended from practicing law in the state of New York.

Giuliani, a former New York City mayor and the former head prosecutor for the federal Southern District of New York, was suspended for making “false and misleading statements” about the election loss of his client, former President Donald Trump.

In a ruling sought by the Attorney Grievance Committee of the First Judicial Department (a mid-level appellate court in the state), a five judge panel implemented an interim suspension of Giuliani’s law license, pending further AGC proceedings.

The ruling, issued Thursday, takes effect immediately.

“There is uncontroverted evidence that respondent communicated demonstrably false and misleading statements to courts, lawmakers and the public at large in his capacity as lawyer for former President Donald J. Trump and the Trump campaign in connection with Trump’s failed effort at reelection in 2020,” the court wrote in its decision.

“These false statements were made to improperly bolster respondent’s narrative that due to widespread voter fraud, victory in the 2020 United States presidential election was stolen from his client. We conclude that respondent’s conduct immediately threatens the public interest and warrants interim suspension from the practice of law.”

. . . .

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

Read the full report at the link.

Could get here be just a little justice in the world after all? On the other hand, why are Jeff “Gonzo Apolcalypto” Sessions and “Billy the Bigot” Barr and a bunch of other corrupt Trump officials still walking free and practicing? A few might even be hanging around in USG jobs!

🇺🇸Due Process Forever!

PWS

06-24-21

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  2. FOR DECADES HE HID HIS RADICALLY SUBVERSIVE  MESSAGE OF INTOLERANCE, INJUSTICE, & FASCIST DEVOTION TO AUTHORITY BEHIND DARK SUITS AND CONSERVATIVE TIES IN THE WORLD OF BIG LAW AND CORPORATE BOARDROOMS — Then Billy Barr Unleashed His Anti-Americanism & Contempt For Our Constitution & Humanity On Our Republic & Those Courageously Defending It Against A Lawless Executive!
  3. 👍🏼GOOD NEWS: FINALLY, SUPREMES DEAL DOUBLE DEFEAT TO TRUMP REGIME BIGOTS — High Court Thwarts Latest Attacks on America’s Latino, LGBTQ Communities! 
  4. REP. JOHN LEWIS, GIANT AMERICAN HERO IN AN AGE OF LILLIPUTIANS: 1940-2020 

⚖️ABOVE THE LAW: Trump Treated Ethics, Legal Norms, & Human Values Like A Joke — The GOP Supremes Laughed With Him, As They Insured His Lack Of Accountability & Actively Undermined Those With The Courage To Stand Up To Tyranny!🤮

Jacqueline Thomsen
Jacqueline Thomsen
Courts Reporter
National Law Journal

Jacqueline Thomsen reports for the National Law Journal:

. . . .

Even with an emoluments lawsuit filed against Trump on his first day in office, four years later nothing came of it. After he left office, the lawsuits were declared moot by the U.S. Supreme Court and dismissed.

The struggle to legally hold Trump to account over the alleged emoluments violations were emblematic of the rest of the lawsuits he faced during his presidency, whether they targeted him individually or his administration.

When lower courts ruled against Trump officials—as they did in suits over border wall construction—his administration would go to the U.S. Supreme Court to get an emergency order that allowed them to continue the challenged action. More often than not, Trump got a ruling in his favor.

“Trump could count on them for anything,” Norm Ornstein, a conservative resident scholar with the American Enterprise Institute, said of Justices Clarence Thomas and Samuel Alito.

“And certainly that’s the case with Gorsuch, Kavanaugh and Barrett,” he added, referring to the three justices Trump appointed to the court.

And the novel legal questions surrounding lawsuits against a sitting president were enough to significantly delay several other challenges against him. House cases dragged out as courts determined whether lawmakers had the ability to sue to enforce subpoenas against the administration, a legal issue that forced similar suits to halt for months.

Despite two impeachments, hundreds of lawsuits against his administration and other litigation targeting him and his businesses, Trump left office relatively legally unscathed. Armed with a litigious past and a grip on his political party, he successfully managed to use the country’s institutions to minimize the blowback and get his way.

. . . .

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

Those with NLJ access (everyone used to get 3 free articles/mo; now it’s down to one) can read the rest of Jacqueline’s article at the link. She’s a great writer. Too bad so much of her work is “hidden behind the wall.”

Lack of accountability for scofflaw behavior, abuse of power, and corruption are hallmarks of third-world dictatorships and authoritarian regimes throughout history. 

The Supremes’ enabling started with the Travel Ban cases and continued to the Capitol insurrection, which “the complicit ones” were able to watch unfold from their marble palace across the street.

So, the Supremes, the institution whose most important job is to protect American democracy, democratic institutions, due process, and individual rights when the other two branches fail, wasn’t up to the job! Despite the Supremes’ best efforts to undermine democratic governance, and their active furthering of the GOP’s race-driven voter suppression agenda, 81 million voters bailed us out this time around. But, it’s highly unlikely that American democracy could survive another “Trump-type” authoritarian regime. Don’t expect any help from the Supremes as currently comprised.

⚖️🧑🏽‍⚖️Better judges for a better America!🇺🇸🗽

🇺🇸⚖️🗽Due Process Forever!

PWS

03-04-21

Related posts:

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  2. 🏴‍☠️☠️⚰️🤮👎🏻THE TRUMP REGIME & A CORRUPT SOLICITOR GENERAL HAVE CONDUCTED A WAR OF ATTRITION AGAINST AMERICAN LAWYERS ON THE FRONT LINES OF THE BATTLE TO SAVE DEMOCRACY — John Roberts & His GOP Buddies On The Supremes Have Aided, Abetted, & Encouraged It! — Constant Improper & Ethically Questionable Interference With Thoughtful, Legally Correct Lower Court Rulings Holding The Regime Accountable Have Demoralized The Profession’s Best & Bravest! — The Answer Is Better Judges For A Better America!
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  4. THE SADNESS OF PROPHECY WITHOUT POWER: Two Years Ago, I Gave A Speech Warning Of The Consequences Of “1939 Germany” — Now, We’re In “Germany 1938” With 1939 Just An Election Away! — Moscow Mitch, Lindsey The Toad, Texas Ted & The Rest Of The GOP Fellow Travelers & Cultists Would Be Right At Home With Franz van Papen!

EUGENE ROBINSON @ WASHPOST: The GOP Is The Party Of Jim Crow ☠️ — The Rest Of Us Who Believe In Democracy Had Better Join The Fight To Preserve The Voting Rights Of Citizens Of Color!

Eugene Robinson
Eugene Robinson
Opinion Columnist
Washington Post
Source: WashPost Website

https://www.washingtonpost.com/opinions/the-republican-party-is-making-jim-crow-segregationists-proud/2021/03/01/80036fce-7ac7-11eb-b3d1-9e5aa3d5220c_story.html

Opinion by Eugene Robinson

March 1 at 5:18 PM ET

The Republican Party’s biggest problem is that too many people of color are exercising their right to vote. The party’s solution is a massive push for voter suppression that would make old-time Jim Crow segregationists proud.

The Conservative Political Action Conference circus last week in Orlando showed how bankrupt the GOP is — at least when it comes to ideas, principles and integrity. Some might argue that the party, in buying into the lie that last year’s election was somehow stolen, is simply delusional. I disagree. I think Republican leaders know exactly what they’re doing.

The GOP may have lost the White House and the Senate, but it remains strong in most state capitols. So far this year, according to the Brennan Center for Justice, Republicans in 33 states “have introduced, prefiled, or carried over 165 bills to restrict voting access.” The thrust of virtually all these measures is to make it more difficult for African Americans and other minorities to vote.

These efforts at disenfranchisement are more numerous, and more discriminatory, in several of the swing states President Biden carried narrowly: Arizona, Pennsylvania and Georgia. That should come as no surprise. GOP officials who had the temerity to follow the law and count the November vote honestly, such as Georgia Secretary of State Brad Raffensperger, have been all but excommunicated by their state Republican Party organizations.

In Georgia — where not only did Donald Trump lose to Biden by 11,779 votes, but also two incumbent GOP senators were defeated by Democratic challengers — Republicans are using their control of the statehouse to try to eliminate all early voting on Sundays. That would put an end to “Souls to the Polls,” a popular Sunday get-out-the-vote initiative in which Black churches help parishioners get to polling places and cast their ballots.

. . . .

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

Read Eugene’s full op-ed at the link.

After a Presidential election that they lost by a substantial majority of votes, the GOP has decided that the solution isn’t to improve on their party’s unpopular messages of shame, blame, intolerance, ignorance, and White privilege. Nor have they chosen to abandon their corrupt and divisive leader. No, the answer, according to the GOP, is to reduce the size of the electorate to keep the will of the majority from prevailing. 

There is not a whit of evidence about widespread voter fraud or any credible reason to believe that the results don’t represent the will of the majority of American voters. Nevertheless, the GOP has introduced slews of bills at the state level to make it more difficult for African Americans, Latinos, and other minorities to vote. Just like the White southern aristocracy after the Civil War, the modern GOP fears that true democratic majority rule will deprive them of their minority power and privilege.

James “Jim” Crow
James “Jim” Crow
Symbol of American Racism

Well, you’ve heard it all before on Courtside. The Voting Rights Act is the cornerstone of modern American democracy. The forces of anti-democracy, including the GOP and their Supremes’ majority, intend to undo it in the name of White Supremacy.

The overt suppression of African-American voting rights that ended Reconstruction ushered in more than four decades of gross violations of the 13th 14th, and 15th Amendments. We should remember that the White-dominated Federal Government and the Federal Courts basically took a cowardly pass on the rights of our African American fellow citizens for generations. 

Eric Lutz summed it up in his recent article on Vanity Fair:

Biden is reluctant to end that filibuster. But at a certain point, failing to do so means failing to reckon with the the severity of the threat to democracy—and the particular peril the GOP’s attacks pose to the rights of Black Americans and other minorities. “The argument that preserving the filibuster is necessary because it’s an important tool in our Democracy falls apart when it’s clearer with every passing day that we won’t have a Democracy without Congress passing voting rights legislation,” the former Obama aide David Plouffe remarked Monday. Republicans are mounting a concerted, relentless attack on democracy. To defend against it, Democrats’ response must be proportional. And that means confronting the reality that Trump leaving office didn’t extinguish his Big Lie, but made it more powerful.

https://apple.news/Aawbmzi5JRkGSdLedjZN23Q

It’s essential that the majority of us unite against the attempt of the corrupt GOP to restore the horrors of White Supremacy and Jim Crow. And, make no mistake — the attack on asylum seekers and migrants of color is an integral part of the White Nationalist program to kneecap American democracy. Under Trump, that effort culminated in the Capitol insurrection. 

As the death of civil rights icon Vernon Jordon this week reminds us, those of us who believe in democracy must unite to fight the right and protect the right of all Americans to vote and the rights of immigrants to be treated as “persons” under the law.

🇺🇸🗽⚖️Due Process Forever!

PWS

03-03-21

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  3. 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!”
  4. 🏴‍☠️☠️🤮⚰️👎🏻 “PERP NATION” — DHS’S “NEW AMERICAN GULAG” IS A DEATH TRAP FOR MIGRANTS SEEKING JUSTICE — So Why Haven’t Congress & The Federal Courts Required DHS To Comply With The Constitution? — Because We Have The Wrong Folks In Congress & The Federal Courts!

GETTING BEYOND THE RACIST MYTH OF THE “ZERO SUM GAME ECONOMY” — Heather  C. McGhee @ NYT

Heather C. McGhee
Heather C. McGhee speaks at TEDWomen 2019: Bold + Brilliant, December 4-6, 2019, Palm Springs, California. Photo: Stacie McChesney / TED, Creative Commons License

 

https://www.nytimes.com/2021/02/13/opinion/race-economy-inequality-civil-rights.html

Ms. McGhee is the author of “The Sum of Us: What Racism Costs Everyone and How We Can Prosper Together,” from which this essay is adapted.

Over a two-decade career in the white-collar think tank world, I’ve continually wondered: Why can’t we have nice things?

By “we,” I mean America at-large. As for “nice things,” I don’t picture self-driving cars, hovercraft backpacks or laundry that does itself. Instead, I mean the basic aspects of a high-functioning society: well-funded schools, reliable infrastructure, wages that keep workers out of poverty, or a comprehensive public health system equipped to handle pandemics — things that equally developed but less wealthy nations seem to have.

In 2010, eight years into my time as an economic policy wonk at Demos, a progressive policy research group, budget deficits were on the rise. The Great Recession had decimated tax revenue, requiring more public spending to restart the economy.

But both the Tea Party and many in President Barack Obama’s inner circle were calling for a “grand bargain” to shrink the size of government by capping future public outlays and slashing Social Security, Medicaid and Medicare. Despite the still-fragile recovery and evidence that corporations were already paring back retirement benefits and ratcheting down real wages, the idea gained steam.

On a call with a group of all-white economist colleagues, we discussed how to advise leaders in Washington against this disastrous retrenchment. I cleared my throat and asked: “So where should we make the point that all these programs were created without concern for their cost when the goal was to build a white middle class, and they paid for themselves in economic growth? Now these guys are trying to fundamentally renege on the deal for a future middle class that would be majority people of color?”

Nobody answered. I checked to see if I was muted.

Finally, one of the economists breached the awkward silence. “Well, sure, Heather. We know that — and you know that — but let’s not lead with our chin here,” he said. “We are trying to be persuasive.”

The sad truth is that he was probably right. Soon, the Tea Party movement, harnessing the language of fiscal responsibility and the subtext of white grievance, would shut down the federal government, win across-the-board cuts to public programs and essentially halt the legislative function of the federal government for the next six years. The result: A jobless recovery followed by a slow, unequal economic expansion that hurt Americans of all backgrounds.

The anti-government stinginess of traditional conservatism, along with the fear of losing social status held by many white people, now broadly associated with Trumpism, have long been connected. Both have sapped American society’s strength for generations, causing a majority of white Americans to rally behind the draining of public resources and investments. Those very investments would provide white Americans — the largest group of the impoverished and uninsured — greater security, too: A new Federal Reserve Bank of San Francisco study calculated that in 2019, the country’s output would have been $2.6 trillion greater if the gap between white men and everyone else were closed. And a 2020 report from analysts at Citigroup calculated that if America had adopted policies to close the Black-white economic gap 20 years ago, U.S. G.D.P would be an estimated $16 trillion higher.

. . . .

I’ll never forget Bridget, a white woman I met in Kansas City who had worked in fast food for over a decade. When a co-worker at Wendy’s first approached her about joining a local Fight for $15 group pushing for a livable minimum wage, she was skeptical. “I didn’t think that things in my life would ever change,” she told me. “They weren’t going to give $15 to a fast food worker. That was just insane to me.”

But Bridget attended the first organizing meeting anyway. And when a Latina woman rose and described her life — three children in a two-bedroom apartment with bad plumbing, the feeling of being “trapped in a life where she didn’t have any opportunity to do anything better” — Bridget, also a mother of three, said she was struck by how “I was really able to see myself in her.”

“I had been fed this whole line of, ‘These immigrant workers are coming over here and stealing our jobs — not paying taxes, committing crimes and causing problems,’” Bridget admitted. “You know, us against them.”

Soon after she began organizing, the cross-racial movement had won a convert. “In order for all of us to come up, it’s not a matter of me coming up and them staying down,” she said. “It’s the matter of: In order for me to come up, they have to come up too. Because honestly, as long as we’re divided, we’re conquered.”

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

Read the complete article at the link.

Inability to think beyond racist myths and false narratives is holding America back from realizing our full potential. 

“Dividing and conquering” is the strategy of the modern GOP. If one could get behind the racist stereotypes and white resentment, rural America probably has far more in common with hard-working undocumented immigrants, African Americans, and Latinos than with elitist GOP politicos and corporate moguls — certainly more than with the notoriously lazy, dull, corrupt grifter Trump! But, the key seems to be to promote minority rule by sowing hate and distrust, thereby preventing the common good of the majority from prevailing.

While much of the “beggar thy neighbor” fear mongering comes right out of the current GOP playbook, Dems, including many in the Obama Administration, have also been guilty, as Heather points out. Just read some the alarmist stuff being put out by former Obama economic honcho Larry Summers.   

And, contrary to White Nationalist myths about “job stealing,” much of American economic growth and innovation can be traced directly to immigrants, both documented and undocumented. 

PWS

02-15-21

Related posts:

  1. 😰👹👺🏴‍☠️☠️⚰️🤮“DARKNESS ON THE EDGE OF TOWN” — Nicole Narea @ Vox With A Glimpse Of Trump’s Second Term: American Apocalypse — Dark, Ugly, Hateful, Violent, Dishonest, Exclusionary, Stupid, Racist, Diminished, Yet Very White & Privileged — Are People Of Color & Their Allies Really Going To Stand By & Watch While Their Past & Our Future As A Strong, Creative, Tolerant, Diverse, Humane Nation Is Written Out Of History By A Racist GOP & Its Totally Wacko Yet Dangerously Evil Cult Leader?
  2. 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!”
  3. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!
  4. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!

BESS LEVIN @ VANITY FAIR:  Trump’s “Defense” Was An Astounding Mixture Of Lies, False Narratives, Conspiracy Theories, Nonsense, Gibberish, & Non-Sequiturs (Citing Madonna and Johnny Depp, Among Other Irrelevancies) — Of Course, Corrupt GOP Legislators Loved It!  

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

Quick: You’re a lawyer and your client is on trial for inciting a violent insurrection. The problem is, he’s guilty beyond a shadow of a doubt. Literally, there is no question whatsoever that he did what he’s been accused of—none! Whatsoever! And everyone knows it! To wonder if he’s guilty is to look at O.J. Simpson and think, “Well, the glove doesn’t fit, so who knows?” Nevertheless, you’ve been hired to defend him—after basically everyone else in your profession refused—and defend him you will! But how? If you’re Donald Trump’s attorneys, the answer is clearly: Lie, lie, play some Madonna clips, and lie some more.

There were far, far too many lies told over the course of Bruce Castor Jr., David Schoen, and Michael van der Veen’s presentation to catalog them all. In fact, it would be easier to simply point out the rare moments in which they did tell the truth. But, just for posterity’s sake, here were some of the biggest whoppers the defense team told as it claimed that Trump wasn’t responsible for the rally that took place at the Capitol on January 6:

  • Trump never intended for “the joint session [of Congress] be prevented from conducting its business”: This is obviously completely false and the reason we know that is because Trump repeatedly tried to get Mike Pence to stop Congress from doing just that, reportedly telling the V.P., “You can either go down in history as a patriot, or you can go down in history as a pussy.”

 

  • The rioters were mostly antifa, and one of the first people arrested was a member of the left-wing group: This, like virtually all of Trump’s lawyers’ claims are not true. The first person arrested was John E. Sullivan, who has denied being a member of antifa, and the FBI has said there is zero evidence that the supporters’ movements participated in the riot, no matter what Trump’s most shameless loyalists say. (Rep. Matt Gaetz, for instance, falsely claimed, “They were masquerading as Trump supporters and, in fact, were members of the violent terrorist group antifa.”)

 

  • A prior protest in front of the White House was just as bad: Referring to the June protest in front of the White House, van der Veen claimed “violent rioters” attacked officers and “at one point, pierced a security wall, culminating in the clearing of Lafayette Square.” (1) There was no breach; (2) five people didn’t die (3) the people who were hurt were the protesters tear-gassed so that Trump could do a photo shoot with a bible outside a church (an event that, surprisingly, did not result in him bursting into flames).

 

 

  • “The reality is Mr. Trump not in any way shape or form instructing these people to fight or use physical violence. What he was instructing them to do was to challenge their opponents in primary elections, to push for sweeping election reforms, to hold Big Tech responsible—all customary and legal ways to petition your government for redress of grievances which of course is also protected Constitutional speech.” Right, right, sure, sure. Trump totally wasn’t encouraging his supporters to air their grievances via violence, he just wanted them to push for election reforms. He just wanted them to form political action committees, you see! Run for office! Fight ideological differences at the ballot box! It’s actually extremely impressive van der Ween was able to get through this whole thing without bursting into laughter, and for that he should win some kind of award (and then lose his license to practice law).

 

  • “There was no insurrection”: There was! We all saw it! If you missed it, just google “Capitol riot” or “Capitol attack” or “Trump insurrection.”

pastedGraphic.png

 

In addition to the many lies told by Trump’s defense, his legal team also proffered a series of arguments for why he couldn’t possibly be found guilty that sound like something a bunch of stoned college kids came up with shortly before a mock trial they forgot to prepare for, which is actually an insult to stoned college kids unprepared for mock trials. Specifically, we’re talking about the series of clips the defense presented showing various Democrats using the word “fight,“ which they claim means Trump can’t also be held responsible for telling his supporters to “fight,“ because other people have said “fight” before and they weren’t found guilty of inciting insurrections. (Naturally, they left out the part about how, for instance, when Elizabeth Warren told supporters to “fight” they didn’t proceed to storm the Capitol and try to burn down democracy):

 

pastedGraphic_1.png

 

Or that, when Chuck Schumer said “fight” he was talking about fighting COVID-19. Yes, this a real thing that actually happened:

 

pastedGraphic_2.png

And yes, there was also this:

 

pastedGraphic_3.png

Of course, the bald-faced lies and complete lack of convincing arguments will clearly do little to sway the majority of Republicans, who have already decided how they’re going to vote, which we know because they‘ve already said as much and also because during the question-and-answer portion of the day, a typical question posed of the attorneys went something like, “Can you tell us how it’s possible that President Trump has not been named People’s Sexiest Man Alive yet? Is it because the media is in the can for liberals? Because we can’t think of another explanation!”

 

pastedGraphic_4.png

 

Anyway, Madonna, eh? Someone better impeach that menace, ASAP!

 

Just in case there was any question re: whether or not Trump loved the insurrection he personally set into motion…

CNN reports that the ex-president insisted the rioters were patriots in a call with House leader Kevin McCarthy:

In an expletive-laced phone call with House Republican leader Kevin McCarthy while the Capitol was under attack, then President Donald Trump said the rioters cared more about the election results than McCarthy did. “Well, Kevin, I guess these people are more upset about the election than you are,” Trump said, according to lawmakers who were briefed on the call afterward by McCarthy.

McCarthy insisted that the rioters were Trump’s supporters and begged Trump to call them off. Trump’s comment set off what Republican lawmakers familiar with the call described as a shouting match between the two men. A furious McCarthy told the president the rioters were breaking into his office through the windows, and asked Trump, “Who the f–k do you think you are talking to?” according to a Republican lawmaker familiar with the call.

“I think it speaks to the former president’s mindset,” Rep. Anthony Gonzalez, an Ohio Republican who voted to impeach Trump last month, told CNN. “He was not sorry to see his unyieldingly loyal vice president or the Congress under attack by the mob he inspired. In fact, it seems he was happy about it or at the least enjoyed the scenes that were horrifying to most Americans across the country.”

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

You can read the rest of the Levin Report here: 

https://mailchi.mp/ff0581d54d6b/levin-report-trumps-heart-bursting-with-sympathy-for-his-buddy-bob-kraft-2922686?e=adce5e3390

In reality, as others have observed, the “defense team” could have read old copies of the Congressional Record or all the baseball scores from the 2019 season from the podium and it wouldn’t have made any difference to corrupt GOP Sens who had already decided to acquit notwithstanding the overwhelming evidence of guilt. 

The indifference and boredom with the suffering of others and the clear misdeeds of Trump exhibited by scumbags like Cruz (who actually helped prepare the inept “defense”), Hawley, Cotton, et al, was pretty telling. Obviously, they wouldn’t have cared a fig if Trump’s rioters had done in Pence, Romney, or any other of their “colleagues.” 

It’s all about the next election and destroying American democracy. 

My favorite part is when the Trump defense Team kept whining about the rights of 74 million who voted for the The Big Clown. It’s like their attempt to disenfranchise and diss the 81+ million of us who didn’t vote for Putin’s Puppet are irrelevant? But, that’s always been the way the “modern GOP” has “governed.” 

Right now, the GOP is hard at work at the state level trying to disenfranchise as many Black and Brown voters as possible in advance of the 2022 elections. 

Remember all the great “bipartisanship” and concern with the legislative process on the tax giveaway (nobody actually read it, clearly not Trump) or the unsuccessful attempt to “do in” Obamacare. Lots of great “bipartisanship” on display with the Coney Barrett confirmation and the confirmation of a steady stream of Federalist Society judges.

The current GOP is an ongoing threat to the national security and well-being of our nation. 

PWS

02-13-21

Related posts:

  1. 🏴‍☠️RNC CHAIR AND SYMBOL OF WHITE NATIONALIST PRIVILEGE RONNA McDANIEL, OTHER LEADING GOP TRAITORS, TAKE “TIME OUT” FROM INSURRECTION 🥷🏻 TO REAFFIRM LIES, RACISM, COMMITMENT TO TREASON AND ERADICATING AMERICAN DEMOCRACY!☠️👎🏻 — “That even after Wednesday’s events Republicans in Congress and in the media are still clinging to the ‘radical socialist agenda’ narrative shows they haven’t changed — though they are scurrying to launder their tattered reputations.”
  2. “COUSIN STEVE”* SCHMIDT SPEAKS OUT ON NICOLE WALLACE SHOW! — “No Unity With Seditionists!” — Traitors Like Cruz, Hawley, McCarthy Must Be Defeated, Banished From Public Office For Democracy To Persevere!  — Don’t Let The GOP Anti-American “Party of Treason & Sedition” 🏴‍☠️Off The Hook! 
  3. NEWS FROM THE FASCIST ☠️CLOWN🤡 — “After Multiple Deaths And A Mob Riot, Trump Finally Admitted His Presidency Is Ending”
  4. ☠️FASCISM: GOP PARTY OF TREASON, TRAITOR TRUMP BRING “KRISTALLNACHT” TO CAPITOL IN OVERT ACT OF  NEO-NAZISM — Listen To  Arnold “The Terminator” On How This Is, In Fact, “Nazism In Action” Led By Traitor Prez, Promoted By Cruz, Hawley, & McCarthy, & Endorsed By GOP Silence, Denial, Equivocation,  & Cowardly Butt Covering In The Face Of Terrorist🥷🏻🏴‍☠️☠️ Anti-American Insurrection! — This Attack On Democracy Was Aided & Abetted By Spineless GOP Supremes Unwilling To Stand Up For Our Constitution & Humanity In The Face Of Clear Tyranny & The Groundwork For Subversion!

CELEBRATING BLACK HISTORY MONTH @ DHS: ICE DEPORTS BLACKS TO DANGER & POTENTIAL DEATH, MANY WITH NO DUE PROCESS!🏴‍☠️ — Legislators Call On Biden Administration To End Racist Enforcement Policies!

Colfax Massacre
Gathering the dead after the Colfax massacre, published in Harper’s Weekly, May 10, 1873

Colfax

https://www.washingtonpost.com/immigration/black-immigrants-deportations-biden/2021/02/12/5f395932-6d54-11eb-ba56-d7e2c8defa31_story.html

Maria Sacchetti
Maria Sacchetti
Immigration Reporter, Washington Post, Photo: WashPost
Arelis R. Hernandez
Arelis R. Hernandez
Southern Border Reporter
Washington Post, Photo: WashPost

 

By Maria Sacchetti and Arelis R. Hernández in WashPost:

Prominent Black lawmakers are urging the Biden administration to stop expelling migrants to nations such as Haiti that are engulfed in political turmoil, fearing that they could be harmed or killed.

Hundreds of immigrants have been swept out of the United States in recent days, a blow to groups that had been counting on President Biden and Vice President Harris, the daughter of immigrants and the first Black vice president, to halt deportations and overturn the Trump administration’s hard-line immigration policies.

Biden attempted to pause most deportations on Jan. 20, but a federal judge temporarily blocked the move. Immigration officials say the recent removals match Biden’s new enforcement priorities — such as people who recently crossed the border or who were convicted of serious crimes — but advocates say immigrants are being sent to nations where they could face danger.

“The community should not still be in panic across this nation when we have an administration that is willing to do the work of stopping these deportations,” Rep. Ilhan Omar (D-Minn.) said Friday in a call with reporters. “They have the authority to say no more flights will leave the United States.”

Migrants who cross the border are still being removed under a Trump administration order that allowed the expulsion of recently arrived people under Title 42, Section 265, of the public health law that aims to prevent the spread of the coronavirus. Advocates for immigrants tracking the flights say Immigration and Customs Enforcement has expelled approximately 900 Haitians, including dozens of children, in the past two weeks.

Advocates for immigrants say the situation is urgent, as Haiti and nations in Africa are facing varying threats. Haiti, the Western Hemisphere’s poorest country, has seen its democracy plunge into a constitutional crisis with allegations of a coup attempt and conflicting claims to the presidency.

. . . .

ICE deported New York resident Paul Pierrilus to Haiti on Feb. 2, even though he has never been to that country and has lived 35 of his 40 years in the United States.

He had fought deportation since 2004 after a drug conviction. His parents are of Haitian descent, but they are U.S. citizens and Pierrilus was born on the Caribbean island of St. Martin.

Haiti had never recognized him as a citizen, he said, but an immigration judge ordered him deported more than 16 years ago and he lost his appeals.

In an interview, Pierrilus described how he had to be dragged off the airplane. He wore the parka he used to wear in New York into the tropical 85-degree air. He said he is stunned and defeated.

“I’m not a Haitian citizen! I’m not a Haitian citizen!” Pierrilus recalled yelling as local officials pushed him onto a bus. “I felt helpless because it’s a situation out of my control. It’s a situation I can’t do anything about. No one is hearing what I’m saying.”

. . . .

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

Read the complete article at the link. 

The Pierrilus story is particularly indicative of ICE’s attitude toward people of color: If he’s black send him to Haiti, ask questions later!

Courtside was “on top” of Ed Pilkington’s recent Guardian article on deporting babies and children to total disorder and danger in Haiti. 

https://immigrationcourtside.com/2021/02/08/%f0%9f%96%95ice-continues-to-give-biden-administration-humanity-the-big-middle-finger-racism-also-on-display-as-haitian-kids-babies-deported-to-burning-house/

Remember, creating an atmosphere of fear and terror in ethnic communities throughout the United States was a key priority of the Trump White Nationalist kakistocracy — with a some help from the Supremes’ majority. It has been very successful. In fact, as noted by Vice President Harris, hate crimes directed against Asian Americans are up astronomically.

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjxhrifm-fuAhU4MVkFHTW0BywQ0PADegQIGRAB&url=https%3A%2F%2Fwww.cnbc.com%2F2021%2F02%2F12%2Fvp-harris-responds-to-surge-in-violent-attacks-against-asian-americans.html&usg=AOvVaw2FZQYF9caSSckRsqU9fO58

But, of course, there aren’t any Asian American Justices, are there? So, out of sight out of mind for perhaps Ameria’s “least representative” court (with the possible exception of the EOIR “courts”).

I’ve consistently been making several points that others are finally starting to pick up on and that will be essential for Biden Administration policy makers to keep in mind: 

  • The issues of racial justice and immigrant justice are deeply intertwined — one can’t be solved without addressing the other; 
  • Dehumanization of “the other” (Black, Latino, Asian-American, women, immigrants, asylum seekers, etc.) — “Dred Scottification” — has been promoted over the past four years and essentially endorsed and furthered by a tone-deaf Supremes’ majority;
  • Racist attitudes and misogyny are deeply ingrained in the current DHS and EOIR (now operating as an adjunct of DHS Enforcement) enforcement mechanisms and in some of the personnel carrying out enforcement policies, including some EOIR judges; 
  • An aura of impunity and unaccountability infects both DHS and DOJ;
  • Racial justice and equal justice under law will not be achieved without significant personnel and attitude changes at the “retail level” of both DHS and EOIR.

Finally, complaining is a start. But, it won’t result in the necessary systemic changes. 

The only way that African-American, Hispanic-American, Asian-American, and female lawmakers are going to get durable change is by prevailing on their colleagues to recognize the humanity of all persons in the United States and to make the necessary statutory changes in the immigration laws, beginning, but not ending, with an independent Article I Immigration Court.

🇺🇸⚖️🗽Due Process Forever!

PWS

02-13-21

Related posts:

  1. 🇺🇸😎⚖️🗽👍🏼LAW YOU CAN USE:  Michelle Mendez and CLINIC Publish A New Practice Advisory on Opening & Closing Statements in Immigration Court
  2. 🏴‍☠️☠️⚰️KAKISTOCRACY WATCH: AILA Blasts Appointment Of Prosecutors Without Judicial Qualifications To Top Judicial Positions in Billy the Bigot’s Weaponized Anti-Due-Process “Court” System — Dysfunction, Bias, Illegitimate Decisions Run Rampant As Congress, Article IIIs Fail to Enforce U.S. Constitution!
  3. 👹🎃HALLOWEEN HORROR 🏴‍☠️☠️🤮⚰️👎🏻REICHSREPORT: GRUPPENFUHRER MILLER REVEALS “REICHSPLAN” FOR EXTERMINATION OF IMMIGRATION, ASYLUM, REFUGE BY EXECUTIVE DECREE!  — “The Final Solution??”  — Parents, Protect Your Kids, Families, & Your Country From This Grotesque Un-American Monster!
  4. 🏴‍☠️☠️🤮⚰️👎🏻AMERICAN INJUSTICE: A COURT SUPREMELY WRONG FOR OUR TIME: Justices Who Oppose Equal Justice For All, View Refugees & Asylum Seekers As Subhuman, Are Incapable Of Consistent Moral Leadership, & Willingly Participate In & Hollowly Attempt To Justify The Bullying Of “The Other” Are Fueling America’s Race To The Bottom Under Trump! — “They believe these people do not deserve an iota of sympathy, let alone due process. That is already how many border agents viewed these immigrants: not as humans with rights, but as fraudulent parasites. The Supreme Court has now transformed that vision into law—and, in the process, allowed the executive to send more persecuted people to their deaths without even a meaningful day in court.”