WSJ: Flynn On The Ropes!

https://www.wsj.com/articles/democrats-press-for-probe-of-security-advisers-talks-with-russians-1486922486?

The WSJ reports:

“WASHINGTON—The White House is reviewing whether to retain National Security Adviser Mike Flynn amid a furor over his contacts with Russian officials before President Donald Trump took office, an administration official said Sunday.

Mr. Flynn has apologized to White House colleagues over the episode, which has created a rift with Vice President Mike Pence and diverted attention from the administration’s message to his own dealings, the official said.

“He’s apologized to everyone,” the official said of Mr. Flynn.

Mr. Trump’s views toward the matter aren’t clear. In recent days, he has privately told people the controversy surrounding Mr. Flynn is unwelcome, after he told reporters on Friday he would “look into” the disclosures.”

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

Lying to the American people — that’s just a way of life at the Trump White House (ask Stephen Miller). But, lying to Vice President Mike Pence — now, you’re talking some serious bad stuff.

PWS

02/12/17

WashPost Political Analysis: More Lies & Obfuscation From Stephen Miller — Like His Boss, Miller Makes It Up As He Goes Along — But, He Does (Inadvertently) Reveal The Real Reason For The Bogus “Fraudulent Voter” Offensive: Lower The Turnout Among Those Groups Of Citizens Who Normally Vote For Democrats!

https://www.washingtonpost.com/news/politics/wp/2017/02/12/mixed-into-his-falsehoods-on-voter-fraud-stephen-miller-did-hit-on-one-truth/?hpid=hp_rhp-top-table-main_milleranalysis-135pm%3Ahomepage%2Fstory&utm_term=.34ef3ee8f935

Phillip Bump writes in the Washington Post:

“There’s a theory under which some people operate which holds that presidential advisers appear in the news media to provide insight into what the president is doing for the American people. Governance broadly, and the White House specifically, can be inscrutable to outsiders, but since our democracy depends on an informed populace, it has historically been important to shed as much light as possible on what’s happening. Politicians and their allies don’t always like to shed that light, but they’ve generally acquiesced to participating in the effort.

On ABC’s “This Week” on Sunday, President Trump’s adviser Stephen Miller wasn’t interested in shedding light on reality. If anything, he was running around turning lights off. Inadvertently, though, he did offer one bit of insight into what’s happening at the White House.

. . . .

Three claims here. First, that there are millions of people who are registered in multiple states. Second, that dead people are still registered. Both of those things are true. (Among those registered to vote in two places, by the way, are Trump’s son-in-law, treasury nominee, daughter and press secretary.) But that’s not voter fraud. It’s a sloppy registration system — and indifference from people whose first instincts when relatives die is not to ensure that the registrar of voters is informed.

The third claim is that 14 percent of noncitizens are registered to vote, which is based on an academic analysis released several years ago. It has been subsequently shown to be problematic. [In fact, it earned the coveted “Four Pinocchio Award” from the Post’s “Fact Checker” https://www.washingtonpost.com/news/fact-checker/wp/2016/10/24/no-eric-trump-14-percent-of-noncitizens-are-not-registered-to-vote/?tid=a_inl&utm_term=.3c0bdd64fa0c ] As anyone paying attention to the issue should know.

. . . .

Kobach is the secretary of state in Kansas, in charge of the state’s electoral process. He has held that position since 2011, the year the state passed new restrictions on voting in the name of preventing fraud.

The net effect? A report from the Government Accountability Office determined that turnout fell by several percentage points in the 2012 election relative to comparable states. And the populations that saw the biggest drops in turnout?
Young people, newly registered voters and black people. Populations that tend to vote more heavily Democratic.

That’s almost certainly the point. Miller was trying to mislead people with his false arguments about voter fraud. But he ended up offering some insight after all.”

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

Miller and Steve Bannon are among the remarkably unqualified guys that are pulling the strings from the Trump White House.

PWS

02/12/17

 

WashPost: Marginalizing Muslim Youth Gives Terrorists A Potent Recruiting Tool

http://www.washingtonpost.com/sf/world/2017/02/11/theyre-young-and-lonely-the-islamic-state-thinks-theyll-make-perfect-terrorists/

“In the face of terrorist attacks, freedom of religion is being tested in Germany — with even the progressive Chancellor Angela Merkel now calling for an election year ban on the full Muslim covering known as the burqa. A German soccer club recently canceled the contract of one of its Muslim players — Anis Ben-Hatira — after a media uproar over his involvement in a legal Islamic charity that promotes a conservative brand of the faith.

The heightened sense of insulation and persecution among young Muslims, experts said, is only fostering more radicalization.

“Religious extremist propaganda, Salafist propaganda, can only work if it is addressed to an audience that is already marginalized and feeling uncomfortable in society,” said Goetz Nordbruch, co-director of Horizon, a German group offering counseling and workshops on Islamophobia in German schools.”

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

PWS

02/12/17

Trump Mulls Travel Ban Options — Rewrite of Exec Order Possible — Might Forego Request For Supremes’ Intervention Now!

https://www.washingtonpost.com/world/national-security/white-house-considers-rewriting-trumps-immigration-order/2017/02/10/ddcf5a6a-efb5-11e6-b4ff-ac2cf509efe5_story.html?hpid=hp_rhp-top-table-main_trumpban-408pm%3Ahomepage%2Fstory&utm_term=.c2de193b26a6

From the Washington Post:

“President Trump said Friday that he is considering rewriting his executive order temporarily barring refugees and citizens of seven Muslim-majority countries from entering the country, indicating that the administration may try to quickly restore some aspects of the now-frozen travel ban or replace it with other measures.

Trump told reporters aboard Air Force One that he would probably wait until Monday or Tuesday to take any action, and White House Chief of Staff Reince Priebus said several options — including taking the case to the Supreme Court — were still on the table.

Trump hinted that the ongoing legal wrangling might move too slowly for his taste, though he thought he would ultimately prevail in court.”

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

Many commentators have suggested that the Administration could have avoided most of the constitutional issues that have bothered the courts by simply making the order applicable solely to those abroad who have not been admitted to the U.S. as refugees or with visas.

The Solicitor General’s Office at the DOJ (even though there is no appointed “SG” for now, there are plenty of career “Supreme Court pros” on the staff) doesn’t like to “look bad” before the Supreme Court. Normally, the Solicitor General must approve and sign off on all Government filings before the Supreme Court.  It’s possible that the SG’s Office thinks that the Administration’s case is unlikely to prevail in its current posture, and is therefore trying to persuade the Administration not to file for Supreme Court review right now.

PWS

02/10/17

Increased “Raids” And Removals Likely To Be The “New Norm” Under Trump Enforcement Policies

http://www.ksbw.com/article/are-immigration-raids-result-of-trump-policy/8730502

The AP reports:

“Advocacy groups claim that Immigration and Customs Enforcement officers are rounding up people in large numbers around the country as part of stepped-up enforcement under President Donald Trump. They have cited immigration action in Southern California that they believe is especially heavy-handed.
The government says it’s simply enforcing the laws and conducting routine enforcement targeting immigrants in the country illegally with criminal records.

The truth lies somewhere in between. Here are some of the facts surrounding what’s happening with immigration enforcement:”

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

Read the full story at the link.  President Trump seems destined to “dethrone” President Obama as the “Deporter in Chief.”

PWS

02/10/17

“Duh” Articles Of The Week: Rural Trump Supporters Discover They Are Likely To Feel The Brunt Of His Trade & Immigration Policies!

From the WSJ:

https://www.wsj.com/articles/trade-punishment-for-trump-voters-1486686758

“Global competition has forced U.S. farmers to become efficient and productive, but the reality is that other countries have arable land and willing labor. They can replace U.S. agriculture in a tariff war. Australia has a trade deal with Japan, and exports Down Under will have an advantage over American beef and wheat. U.S. beef imports to Japan will face high tariffs that the Trans-Pacific deal would have phased out or reduced. Mexico has bilateral trade deals with Chile, the European Union and others, and may buy more from Canada.

The bigger political picture for the Trump White House is that U.S. agriculture is already struggling amid a strong dollar and declining export volumes. Net farm income dropped 15% to about $68 billion last year, the lowest since 2009, according to the Agriculture Department. Unless Mr. Trump wants to compensate with more taxpayer subsidies, the best way to boost incomes is to let farmers sell in more markets, not fewer.

One reason the U.S. benefits from free-trade deals is that America has among the lowest import barriers on earth (5% average for agriculture), so new agreements tear down levies abroad and open new markets. President Trump should consider that reality before escalating on trade—and betraying the Farm Belt voters who are relying on him to bring growth and opportunity.”

WSJ Subscribers can read the full opinion piece at the link.

From the NYT:

https://www.nytimes.com/2017/02/09/us/california-farmers-backed-trump-but-now-fear-losing-field-workers.html?smprod=nytcore-iphone&smid=nytcore-iphone-share

“They are hopeful Mr. Trump will not make good on most of his threats. “Quien más habla, menos hace,” they tell each other — the more you talk, the less you do. There are too many of them, they reason, to throw them all out.

“We’re just waiting and praying, hoping that somebody can convince them that we are not hurting anyone by being here,” said Isabel Rios, 49, who has been picking grapes for the last two decades. Like most women in the fields, she covers her face with a bandanna to protect against the blaring sun, dust and pesticides. Her two children, 9 and 18, are American-born citizens and she worries what will happen to them if she is sent back to Mexico. “Who will benefit if we are not here?”

Mr. Marchini, the radicchio farmer, said he felt similarly after seeing generations of workers on his family farm send their children to college and join the middle class. Mr. Marchini’s family has farmed in the valley for four generations and he grew up working side by side with Mexican immigrants.

He said that no feasible increase in wages or change in conditions would be enough to draw native-born Americans back into the fields.

It was the other conservatives, Mr. Marchini said, who were out of touch about how to deal with foreign workers. “If you find a way to get in here,” he said, “there’s a need for what you do.”

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

PWS

02/10/17

 

 

WashPost: The Fix: Trump Threatens Third Branch!

https://www.washingtonpost.com/news/the-fix/wp/2017/02/08/president-trump-is-not-so-subtly-threatening-the-american-court-system/?hpid=hp_rhp-top-table-main_trumphearing-1230pm:homepage/story&utm_term=.889ea4d1df98

Aaron Blake writes in the Washington Post:

“In a speech to law enforcement officials, Feb. 8, President Trump read federal law giving broad him broad authority to set immigration restrictions, adding, “a bad high school student would understand this.” (The Washington Post)

The 9th Circuit Court of Appeals is now weighing what to do with President Trump’s travel ban. And Trump did his best Wednesday to put his finger on the scales of justice.

Continuing a highly unusual days-long effort by a president, Trump issued a stark warning to the three-judge panel and, really, the entire court system: Run afoul of me, and you may just pay a price.

In a speech in front of law enforcement in Washington, Trump suggested to the three-judge panel that they would marginalize themselves politically if they decide the wrong way. Trump has said similar things about the judge who previously halted his travel ban — albeit after the decision had come down.

The comments were oblique, but Trump’s point was crystal clear.

“If these judges wanted to help the court in terms of respect for the court, they’d do what they should be doing,” Trump said, in a comment thick with subtext. “It’s so sad.”

He added: “I don’t ever want to call a court biased, so I won’t call it biased. But courts seem to be so political, and it would be so great for our justice system if they would read [the law] and do what’s right.”

If that isn’t a threat to marshal support against the American court system and fight it politically, I’m not sure what is. Trump is basically saying: That’s a nice reputation you’ve got there. It’d be a shame if something happened to it.”

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

So, if this is the contemptuous and disrespectful way Trump treats the Article III Courts, what does that say about the chances for fairness and due process in the U.S. Immigration Court System, where all the U.S. Immigration Judges and the Appellate Immigration Judges on the Board of Immigration Appeals work directly for Trump’s friend and enthusiastic supporter, Attorney General Jeff Sessions, a well-established “immigration hard liner” who is reputed to be the “inspiration” behind Trump’s immigration enforcement program.

How long will an Immigration Judge who rules in favor of an individual who is one of Trump’s “removal priorities” or an Appellate Immigration Judge who speaks out in favor of due process in the face of Trump’s “move ’em all out” Executive Orders remain on the bench. Not long, I suspect. Is Attorney General Jeff Sessions really going to stand up for and protect a conscientious Immigration Judge who in good faith attempts to follow the law even when it conflicts with Trump’s edicts? Not likely.

The only question probably will be whether Article III Judges will stand up to Trump’s bullying and excesses and force Constitutional due process back into the system after Trump and Sessions drain it out. So far, the Article III Judiciary seems to be almost as unfazed by Trump’s bulling and threats as, say, the cast of SNL. But, it’s early in the game. And even Article III Judges eventually might find that they have to pick their fights. Will the due process rights of foreign nationals be one of them? Only time will tell. Stay tuned.

PWS

02/08/17

WashPost Editorial: Refugees Belong In America — Anti-Refugee Scare Tactics, Not So Much!

https://www.washingtonpost.com/opinions/refugees-are-part-of-americas-fabric-and-its-promise/2017/02/06/c10179ba-ea59-11e6-80c2-30e57e57e05d_story.html

“AS THE Trump administration fought in court to revive its temporary ban on entry by refugees as well as travelers from seven majority-Muslim countries, the president persisted in perversely suggesting that the judicial branch will be responsible for any terrorist attack carried out by what he portrayed as the violent hordes clamoring to enter the country.

By conflating a dangerous fiction about immigrants with blatant disrespect for an equal branch of government, President Trump fans the xenophobic flames he did so much to ignite during the presidential campaign. “Just cannot believe a judge would put our country in such peril,” he tweeted over the weekend, after a ruling by U.S. District Judge James L. Robart in Seattle, who was nominated to the court by President George W. Bush. “If something happens blame him and court system. People pouring in. Bad!”

. . . .

Even if the courts uphold its actions, it is critical that the administration not use the inevitable imperfections of any vetting process as a pretext to ban refugees for more than the 120-day period covered by the Jan. 27 order. Already, Mr. Trump has slashed the current fiscal-year target for refu­gee admissions to 50,000, from 110,000.

That’s a trickle when measured against the United States’ traditional role as a beacon to those fleeing violence and tyranny, and against global demand. The United Nations counts some 16 million refugees (excluding Palestinians); more than half are children . By far the largest number, nearly 5 million , are Syrians, who are barred indefinitely under Mr. Trump’s order.

“These are not Jeffersonian democrats,” sneered Mr. Bannon, referring to Muslim immigrants who entered Europe. In 2015, he asked, “Why even let ’em in?”

Similar remarks were made a century ago about immigrants from Ireland, Italy, Germany and Eastern Europe, then widely seen as unschooled, unwashed and, often, violent. No one would ask now, “Why did we even let ’em in?”

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

“Not Jeffersonian democrats,” Mr. Bannon? Says who? How would you know? Where have you dealt face to face with refugees?

In my “last previous incarnation,” I dealt with refugees from a wide variety of countries on a daily basis. Most of them were folks just like you or me. The just wanted a chance to live (rather than die, be imprisoned, beaten, or otherwise tortured), work, raise their families in safety and security, and contribute to our nation. Pretty much what all of us want, in my experience.

They also had a very keen appreciation of and deep respect for what American democracy and free political and intellectual participation meant — a much clearer understanding than I have ever heard from President Trump or Steve Bannon. Someone who has been imprisoned in squalid conditions, burned with cigarette butts, beaten on the bottoms of the feet, made to walk on their knees over hot sand, or seen family members abused has a much more practical, down to earth understanding of the privilege of living in the United States than most of us who had the good fortune  (not merit, but pure good fortune) to be born here.

I wake up every morning thankful that I woke up and that I’m not a refugee (particularly in the Trump/Bannon world).

PWS

02/07/17

American Bar Association Adopts Resolution Opposing President Trump’s Executive Order On Visas & Refugees!

https://us.vocuspr.com/Publish/515903/vcsPRAsset_515903_132952_3a1e221c-3f7f-4046-8513-36015233ac7e_0.jpg
American Bar Association
Communications and Media Relations Division
www.americanbar.org/news

Release: Immediate

Contact: Karen DeWitt
Phone: 202-662-1502
Email: Karen.DeWitt@americanbar.org
Online: http://www.americanbar.org/news/abanews/aba-news-archives/2017/02/aba_urges_president.html

ABA urges President Trump to withdraw order restricting travel from seven Muslim-majority countries

MIAMI, Feb. 6, 2017 — The American Bar Association urged President Donald Trump today to withdraw the executive order “Protecting the Nation from Foreign Terrorist Entry into the United States,” which restricts immigration from seven Muslim-majority countries, suspends all refugee admission for 120 days and indefinitely suspends the entry of Syrian refugees.

By voice vote, the ABA House of Delegates, the association’s policy-making body, adopted resolution 10C calling on the executive branch to ensure full, prompt, and uniform compliance with court orders addressing the executive order.

The House––made up of 589 members representing state and local bar associations, ABA entities and ABA-affiliated organizations––also urged the administration to take care that all executive orders regarding border security, immigration enforcement and terrorism:

respect the bounds of the U.S. Constitution and due process rights;

not use religion or nationality as a basis for barring an otherwise eligible individual from admission to the United States;

adhere to the U.S.’s international law obligations relating to the status of refugees and to the principle of non-refoulement; and

facilitate a transparent, accessible, fair and efficient system of administering the immigration laws and policies of the United States and ensure protection for refugees, asylum seekers, torture victims and others deserving of humanitarian refuge;

In Resolution 10B, the House also reaffirmed the ABA’s support of legal protection for refugees, asylum seekers, torture victims, and others deserving of humanitarian refuge. It urged Congress to adopt additional legislation to appropriate funds for refugee applications and processing, and mandate that refugees receive an appropriate individualized assessment in a timely fashion that excludes national origin and religion as the basis for making such determination.

The association’s policy-making body discussion took place at the James L. Knight Center of the Hyatt Regency Miami. The session concluded the 2017 ABA Midyear Meeting, which began Feb. 1.

With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

If you would rather not receive future communications from American Bar Association, let us know by clicking here.
American Bar Association, 321 N Clark St, Chicago, IL 60654-7598 United States

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

Thanks to my good friend Dan Kowalski over at Lexis Nexis for forwarding this to me.

PWS

02/07/17

N. Rappaport In HuffPost: Visa Restrictions Under President Trump’s EO Might Expand!

http://www.huffingtonpost.com/entry/5894ed61e4b061551b3dfe64?timestamp=1486251772708

Nolan writes in HuffPost:

“Too much attention is being paid to a 90-day travel ban in President Donald Trump’s Executive Order Protecting the Nation From Foreign Terrorist Entry into the United States (Order). While it is a serious matter, the temporary suspension of admitting aliens from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen into the United States is just the tip of the iceberg. Other provisions in the Order may cause much more serious consequences.

Section 3(a) of the Order directs the Secretary of the Department of Homeland Security (DHS), in consultation with the Secretary of the Department of State (DOS) and the Director of National Intelligence, to determine what information is needed “from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.” This applies to all countries, not just the seven that are subject to the 90-day suspension.

Those officials have 30 days from the date of the Order to report their “determination of the information needed for adjudications and a list of countries that do not provide adequate information (emphasis supplied).”

Section 3(d) directs the Secretary of State to “request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.” Section 3(e) explains the consequences of failing to comply with this request. Note that this also applies to all countries, not just the seven that are subject to the 90-day delay.

(e) After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, …) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs (emphasis supplied).
This is far more serious than the 90-day ban on immigration from the seven designated countries. With some exceptions, President Trump is going to stop immigration from every country in the world that refuses to provide the requested information. And this ban will continue until compliance occurs.”

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

If this happens, there are likely to be more challenges, and more work for lawyers. Could President Trump turn out to be the best thing that has happened to the U.S. legal profession lately? Stay tuned.

PWS

02/05/17

BREAKING: 9TH CIR. Denies Gov’s Request For Immediate Stay Of Judge Robart’s Order, But Orders Expedited Briefing!

http://cdn.ca9.uscourts.gov/datastore/general/2017/02/05/17-35105.pdf

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

FILED

FEB 04 2017

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

STATE OF WASHINGTON; STATE OF MINNESOTA,

Plaintiffs-Appellees,

v.

DONALD J. TRUMP, President of the United States; et al.,

Defendants-Appellants.

No. 17-35105

D.C. No. 2:17-cv-00141 Western District of Washington, Seattle

ORDER

Before: CANBY and FRIEDLAND, Circuit Judges.
The court has received appellants’ emergency motion (Docket Entry

No. 14). Appellants’ request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied.

Appellees’ opposition to the emergency motion is due Sunday, February 5, 2017 at 11:59 p.m. PST. Appellants’ reply in support of the emergency motion is due Monday, February 6, 2017 at 3:00 p.m. PST.

MOATT

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

Here’s what it means. The Government has appealed o the 9th Circuit Court of Appeals from Judge Robart’s TRO suspending enforcement of the Executive Order on visas and refugees. The Government requested an “immediate emergency stay” of the Judge’s TRO pending appeal. The 9th Circuit rejected the Government’s request for an “immediate” emergency stay (probably because it would have been “ex parte,” that is, without giving the other side a chance to respond).

However the 9th Circuit did order the State of Washington (and other parties opposing the stay) to file a response by noon today (Super Bowl Sunday), and also ordered the Government to respond to that filing by 3:00 PM tomorrow (Monday).

The 9th Circuit’s denial of the “immediate” emergency stay is not a “ruling on the merits” of the appeal or even the request for emergency stay. It just means that the 9th Circuit wanted additional information from both parties before deciding whether or not to grant the emergency stay pending appeal.

The Government’s request for emergency stay thus remains “alive” and could be granted (or denied) after the 9th Circuit has had a chance to review the legal arguments on both sides.

The reporting on this so far has been pretty confusing. Hope this helps straighten things out.

PWS

02/05/17

 

Newsweek: Bannon Wants “American Gulag” — Will Anyone Have The Guts To Stop Him?

http://www.newsweek.com/steve-bannon-fever-dream-american-gulag-551472

Jeff Stein writes in this week’s Newsweek:

“Imagine: Miles upon miles of new concrete jails stretching across the scrub-brush horizons of Texas, New Mexico, Arizona and California, with millions of people incarcerated in orange jumpsuits and awaiting deportation.

Such is the fevered vision of a little-noticed segment of President Donald Trump’s sulfurous executive order on border security and immigration enforcement security. Section 5 of the January 25 order calls for the “immediate” construction of detention facilities and allocation of personnel and legal resources “to detain aliens at or near the land border with Mexico” and process them for deportation. But another, much overlooked, order signed the same day spells out, in ominous terms, who will go.

Trump promised a week after the November elections that he would expel or imprison some 2 million or 3 million undocumented immigrants with criminal convictions—a number that exists mainly in his imagination. (Only about 820,000 undocumented immigrants currently have a criminal record, according to the Migration Policy Institute, a nonpartisan think tank. Many of those have traffic infractions and other misdemeanors.)

Still, the spectre of new, pop-up jails housing hundreds of thousands of people is as powerful a fright-dream for liberals as it is a triumph for the president’s “America first” Svengali, Steve Bannon. But, like the fuzzy Trump order dropping the gate on travelers from seven Muslim-majority states, the deportation measure presents so many fiscal and legal restraints that is also looks suspiciously like just another act of ideological showboating from the rumpled White House strategy chief.

“I’m a Leninist,” Bannon proudly proclaimed to the writer Ronald Radosh at a party at his Capitol Hill townhouse in November 2013. “Lenin,” he said of the Russian revolutionary, “wanted to destroy the state, and that’s my goal too. I want to bring everything crashing down, and destroy all of today’s establishment.”

The executive orders were “not issued as result of any recommendation or threat assessment made by DHS to the White House,” Department of Homeland Security officials conceded in a closed-door briefing on Capitol Hill Wednesday, according to a statement from Missouri Senator Claire McCaskill. They were all Bannon-style revolutionary theater.

. . . .

Expect DHS to start advertising for bids from private prison operators, a much-maligned industry that was collapsing in the latter years of the Obama administration. Two of the largest, GEO Group Inc. and CoreCivic Inc., are already seeing windfalls from their second chance at life: Their stock prices have nearly doubled since the election.

All of which recalls another Leninist idea that Bannon may have forgotten: Prisons are universities for revolution.”

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

Stein’s article confirms what many of us had suspected all along — these draconian and unnecessary measures were were “’not issued as result of any recommendation or threat assessment made by DHS to the White House.’” No, they were part of a pre-hatched anti-immigrant, anti-Muslim program cooked up by Bannon and others in the White House to “make good” on Trump’s campaign promises (regardless of whether the measures were necessary of sensible).

But they will be a boon for two important U.S. industries: the private prison industry and the legal industry, as both sides “lawyer up” for a long-term, avoidable, and wasteful fight. Who needs foreign enemies when the Administration is so determined to wage warfare against a large number of our own citizens and residents who disagree with his ill-considered and ill-timed policies?

Stein’s full article (well worth the read) is at the link.

PWS

02/03/17

WSJ: Tension Between Gen. Kelly & White House As DHS Secretary Resisted Effort To Appoint Kris Kobach As Deputy Secretary!

http://www.wsj.com/articles/homeland-security-chief-and-white-house-clash-1485823301

The WSJ reports:

“WASHINGTON—Homeland Security Secretary John Kelly has clashed with the White House over staffing and other decisions in recent days, people familiar with the matter said, leaving the agency without a second-in-command as it tried to institute a new travel ban during a chaotic weekend at the nation’s airports.

When President Donald Trump selected Mr. Kelly, the pick won broad support from Republicans and Democrats in part because they believed the retired Marine general would be willing to speak up and challenge Mr. Trump.

That tension didn’t take long to materialize. Mr. Kelly hasn’t been able to name the deputy he wants at the agency, people familiar with the matter said, and he fought off attempts by the White House to put Kris Kobach, the Kansas secretary of state known as a hard-liner on immigration, into the position.
Mr. Kelly was also frustrated at not knowing the details of the travel ban earlier, so he could prepare his agency to respond, according to people familiar with the matter. Mr. Trump signed the executive order that created the ban late Friday afternoon. Mr. Kelly was only informed of the details that day as he was traveling to Washington, even though he had pressed the White House for days to share with him the final language, the people said.”

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

According to the article, President Trump has now decided to nominate Elaine Duke, a former Bush Administration official, to the #2 job at DHS. Have to wonder how long Kelly, a former Marine and a reputed “straight shooter” (in more ways than one) will last in “the circus.”

PWS

01/31/17

 

Washington Post: Sessions Driving Trump’s Immigration Policies — Due Process Forecast For U.S. Immigration Courts: Dark & Stormy

https://www.washingtonpost.com/politics/trumps-hard-line-actions-have-an-intellectual-godfather-jeff-sessions/2017/01/30/ac393f66-e4d4-11e6-ba11-63c4b4fb5a63_story.html?hpid=hp_rhp-top-table-main_sessions-0451pm%3Ahomepage%2Fstory&utm_term=.2f7a86336f2d

Philip Rucker  and Robert Costa write in the Washington Post:

“In jagged black strokes, President Trump’s signature was scribbled onto a catalogue of executive orders over the past 10 days that translated the hard-line promises of his campaign into the policies of his government.

The directives bore Trump’s name, but another man’s fingerprints were also on nearly all of them: Jeff Sessions.
The early days of the Trump presidency have rushed a nationalist agenda long on the fringes of American life into action — and Sessions, the quiet Alabam­ian who long cultivated those ideas as a Senate backbencher, has become a singular power in this new Washington.

Sessions’s ideology is driven by a visceral aversion to what he calls “soulless globalism,” a term used on the extreme right to convey a perceived threat to the United States from free trade, international alliances and the immigration of nonwhites.

And despite many reservations among Republicans about that worldview, Sessions — whose 1986 nomination for a federal judgeship was doomed by accusations of racism that he denied — is finding little resistance in Congress to his proposed role as Trump’s attorney general.

Sessions, left, and then-President-elect Donald Trump speak at a “USA Thank You Tour” rally in Sessions’s home town of Mobile, Ala., on Dec. 17. (Jabin Botsford/The Washington Post)
Sessions’s nomination is scheduled to be voted on Tuesday by the Senate Judiciary Committee, but his influence in the administration stretches far beyond the Justice Department. From immigration and health care to national security and trade, Sessions is the intellectual godfather of the president’s policies. His reach extends throughout the White House, with his aides and allies accelerating the president’s most dramatic moves, including the ban on refugees and citizens from seven mostly Muslim nations that has triggered fear around the globe.

The author of many of Trump’s executive orders is senior policy adviser Stephen Miller, a Sessions confidant who was mentored by him and who spent the weekend overseeing the government’s implementation of the refu­gee ban. The tactician turning Trump’s agenda into law is deputy chief of staff Rick Dearborn, Sessions’s longtime chief of staff in the Senate. The mastermind behind Trump’s incendiary brand of populism is chief strategist Stephen K. Bannon, who, as chairman of the Breitbart website, promoted Sessions for years.

Then there is Jared Kushner, the president’s son-in-law and senior adviser, who considers Sessions a savant and forged a bond with the senator while orchestrating Trump’s trip last summer to Mexico City and during the darkest days of the campaign.

[Trump lays groundwork to change U.S. role in the world]

In an email in response to a request from The Washington Post, Bannon described Sessions as “the clearinghouse for policy and philosophy” in Trump’s administration, saying he and the senator are at the center of Trump’s “pro-America movement” and the global nationalist phenomenon.”

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I suppose not surprisingly, Senator Session’s claim that he would rise above his past and be Attorney General for all Americans was just a disingenuous smokescreen. Well, as I’ve said before, sometimes philosophical bias prevents folks from acting both in their own self-interest and the national welfare. So, the fate of due process in the U.S. Immigration Courts is likely to end up in the hands of the U.S. Courts of Appeals and, eventually, the Supreme Court. If nothing else, Sessions could find out that he’s going to spend most of the next four years without much immigration enforcement at all, as the Article III Courts sort this out. Dumb me, for giving the guy the “benefit of the doubt.”

PWS

01/30/17

BREAKING NEWS: U.S. District Judge Ann Donnelly, EDNY, Stays Deportation Of Individuals Held Under Trump’s Executive Order — Finds “Irreparable Harm” To Individuals!

https://www.washingtonpost.com/local/social-issues/refugees-detained-at-us-airports-challenge-trumps-executive-order/2017/01/28/e69501a2-e562-11e6-a547-5fb9411d332c_story.html?hpid=hp_no-name_no-name:page/breaking-news-bar&tid=a_breakingnews&utm_term=.ee674f9be00b

From the Washington Post:

“In Brooklyn, after a brief hearing in front of a small audience that filtered in from a crowd of hundreds outside, Donnelly determined that the risk of injury to those detained by being returned to their home countries necessitated the decision. She seemed to have little patience for the arguments presented by the government, which focused heavily on the fact that the two defendants named in the lawsuit had already been released. At one point, she visibly lost patience with a government attorney who was participating by phone.

Donnelly noted that those detained were suffering mostly from the bad fortune of traveling while the ban went into effect. “Our own government presumably approved their entry to the country,” she said at one point, noting that, had it been two days prior, those detained would have been granted admission without question.”

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I feel the Judge’s pain with the Government’s disingenuous arguments. Implementing such a draconian measure on a weekend with no notice is just plain stupid. And arguing that the Government would somehow be harmed by agreeing to stay the removal of meticulously pre-screened individuals with valid visas long enough for the Judge to fully consider the substantial constitutional arguments presented is beyond ludicrous.

I also feel for the poor AUSA stuck defending this kind of nonsense by an obstinate Administration that knows no compromise. I had to help defend a few of these in my Government career. At the time of my “first retirement” from the DOJ, one DOJ litigator said that he would miss me because I “was the best ever at providing reasonable explanations for my agency’s fundamentally irrational policies.”

The temporary restraining order issued by the Judge does not decide the merits of the dispute.  It merely maintains the status quo so that the Judge can decide the case after full briefing and argument by the parties at a time other than a Saturday night. However, in addition to finding irreparable harm, Judge Donnelly also found a “strong likelihood” that the individual plaintiffs would prevail on their arguments based on Constitutional Due Process and Equal Protection. A copy of the order is at the link below.  Stay tuned.

Darweesh v Trump_DECISION and ORDER document-3

PWS

01/28/17