☠️⚰️🤮INSIDE THE GULAG: ICE’S CRIMES AGAINST HUMANITY: Scofflaw Faux “Law-Enforcement” Agency Operates Outside Feckless U.S. Legal System Afraid to Crack Down on Deceit & Hold Officials Accountable For Illegal Actions — Outlaw Agency Leaves Trail of Health Threats, Broken Federal Judicial System In Its Wake!

https://apple.news/AK1rxkwd-SjSaeHO4DA1r8w

Spencer Ackerman writes in The Daily Beast:

At the end of April, Florida federal Judge Marcia Cooke ruled that Immigration and Customs Enforcement prisons were such a tinderbox for the novel coronavirus that ICE had to begin efforts at letting people out. The dangers of the pandemic inside three immigrant-detention centers in the state threatened to put ICE on the wrong side of constitutional prohibitions on cruel and unusual punishment. 

Thousands of miles away, in Arizona, several lawsuits on behalf of people detained by ICE were in various stages of advancement. One, brought in April by the Florence Immigrant and Refugee Rights Project, sought to release at least eight people at risk of contracting COVID-19 into sponsor custody.

But instead of preparing to release migrants in detention, ICE did something both the Centers for Disease Control and the Justice Department’s Bureau of Prisons had warned against. They transferred 74 detainees to a for-profit prison in central Virginia called ICA Farmville.

Both medical staff and already-overtaxed employees at ICA Farmville, according to court documents and interviews, had warned ICE against taking in new detainees. ICE had even assured Farmville staff it would use a different Virginia prison as a way-station to quarantine people should transfers have to go through.

Instead, in early June, ICE sent the 74 people—from Arizona’s Florence and Eloy detention centers and Florida’s Krome—directly to ICA Farmville. Staff fears manifested almost immediately. Fifty-one detainees tested positive for COVID-19.

A month later, ICA Farmville is in crisis. It has at least 268 out of around 360 detained people positive for the virus, making the jail by far the most stricken facility in ICE’s network of lockups. While ICA Farmville is claiming that vanishingly few are symptomatic, detainees, backed by medical records seen by The Daily Beast, say in dire terms that isn’t true.

“We think we’re going to die at any time. The help we need we’re not getting,” said a man detained at ICA Farmville whom The Daily Beast will call Michael. “We think we’re going to die without seeing our families. A lot of people here are suffering.”

Former employees say the coronavirus has exposed longstanding failings at ICA Farmville—namely, a company that values making money over protecting either detainees or its staff. At least 22 guards have contracted the coronavirus; others have responded to desperate, panicked and agitated detainees with at least three incidents of violence between June 20 and July 1. “There was no reason to intake any more detainees,” one former employee said, “but it’s all about profit.”

To immigration attorneys and advocates, the cause of the disaster unfolding at ICA Farmville is clear: ICE’s decision to transfer detainees into the facility rather than releasing them in accordance with current and likely future judicial rulings.

ICE “appears to be shifting people around to avoid having to let people out, through being forced in lawsuits,” said Jesse Franzblau, a senior policy analyst at the National Immigrant Justice Center.

“In my opinion, to avoid releases, they’re shifting people around the country or moving them to other detention facilities outside of south Florida,” said Heriberto Hernandez, a Florida immigration attorney who had a client at Krome in Miami, one of the jails cited in Judge Cooke’s ruling, moved into ICA Farmville.

Hernandez said his client at Farmville has tested positive for COVID-19 and “all they did was give him cold medicine.”

“There’s no question whatsoever that this [transfer] was the result of the lawsuits,” said Marc Van Der Hout, an Arizona attorney who sued ICE to release a husband and wife from the “tremendous outbreak” at the Eloy detention center. “There are four lawsuits I’m personally aware of, and possibly more. There’s no doubt in my mind they were doing this to avoid the repercussions of the lawsuits.”

ICE denies conducting any legal shell game over the detainees, and says its motivations were about the health of the detainees.

. . . .

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

Read the rest of the article at the link.

Of course, this a is a shell game! You don’t need a law degree to figure that out. And, the claim that this is all about detainee heath is patently absurd. The best interests and health of detainees never enter into it except to the minimal extent necessary to avoid wrongful death suits (not very difficult given the Supreme’s tilt in favor of protecting officials who kill people of color).

There is an even more serious problem: The failure of the Federal Judiciary to throw scofflaws like DHS Acting Secretary Chad Wolf and ICE Acting Director Matt Albence in jail for contempt for their agency’s overt efforts to avoid lawful court orders while endangering the health and safety of both the detainees and the public. 

What  ICE is doing in the “New American Gulag” is essentially a “crime against humanity.” We need better Federal Judges and Justices who will take their oaths to uphold our Constitution in the face of such grotesque and obvious Executive abuses seriously!

Due Process Forever! The New American Gulag, Never!

PWS

07-20-20

🏴‍☠️☠️⚰️🤮 NOT ROCKET SCIENCE: When A Country Allows Itself To Be Governed By An Evil Moron & His Sycophantic Followers, Bad Things Happen!

https://www.washingtonpost.com/nation/2020/07/19/coronavirus-update-us/

By Derek Hawkins and Felicia Sonmez @ WashPost:

With coronavirus cases rising across the country and the U.S. death toll topping 137,000, President Trump on Sunday dismissed concerns about the spike in infections, telling Fox News that “many of those cases shouldn’t even be cases.”

“Many of those cases are young people that would heal in a day,” the president told Fox News host Chris Wallace in an interview. “They have the sniffles and we put it down as a test.”

While young people make up an increasing share of new cases, the virus has affected people in all age groups. A surge of infections is driving deaths back up again after months of decline, and hospitals in hard-hit states such as Florida, Texas and Arizona are facing an influx of patients that health officials say could soon overwhelm medical systems. Nationwide, hospitalizations were on track to exceed their previous peak of roughly 60,000, reached in the pandemic’s early months.

Here are some other significant developments.

• The Trump administration is trying to block billions of dollars for states to conduct testing and contact tracing in an upcoming coronavirus relief bill, people involved in the talks said Saturday. The administration is also trying to block billions that GOP senators want to allocate for the Centers for Disease Control and Prevention, the people said.
• A growing number of Americans disapprove of Trump’s handling of the pandemic. Currently, 38 percent approve of his handling, and 60 percent disapprove, according to a new Post-ABC News poll.
• A study from South Korea could bolster those who argue that reopening classrooms in much of the United States is too risky, suggesting that while children under 10 are less likely to spread the coronavirus, those between ages 10 and 19 will spread it similarly to adults.
• Georgia’s presentation of its coronavirus data is again under scrutiny, with a viral tweet pointing out how the color-coding of a government map has evolved. At the beginning of the month, for instance, a county needed at least 5,959 coronavirus cases to be colored red in the state’s map of the outbreak. Now, a county needs at least 9,597 — with the result that no other county has newly joined the four that have been colored red since July 1, even as the state’s cases have jumped by more than 37 percent in that period.
• Health authorities are seeking to conduct testing faster while conserving resources. The Food and Drug Administration on Saturday reissued an emergency use authorization to Quest Diagnostics for a coronavirus test to be used in pool testing, which involves combining samples from several people and testing them all at once.

Trump’s remarks came after another week of grim data highlighting the uncontrolled spread of the virus. Infections rose in states from every region of the country, with more than a dozen states on Saturday reaching record highs in their seven-day averages for new daily cases.

Georgia, Missouri, Wisconsin, North Carolina and Kentucky reported new single-day case records on Saturday, while states from Vermont to North Dakota to Oregon showed significant increases in their weekly averages, according to tracking by The Washington Post.

More than 20 states are reporting seven-day averages in coronavirus-related deaths that are higher than at the end of June, underscoring the turnaround since May and June, when deaths declined nationally — which Trump had touted as a sign of progress.

Rep. Donna Shalala (D-Fla.), whose district encompasses parts of Miami with widespread infections, pushed back on the notion that the new cases were limited to young, healthy people and weren’t a cause for concern.

“It’s the working poor, it’s seniors, it’s now young people, and it’s totally out of control,” Shalala, a former health and human services secretary, said on ABC News’s “This Week.” “We need to close down again … That’s our worst nightmare, and we’re going to have to do that.”

. . . .

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

You can read the rest of this article about the Trump kakistocracy in action at the link.

It’s a dark and disturbing tale of unrelenting stupidity, evil, corruption, and cowardice on the part of those who refuse to stand up to a would be emperor who has never had any clothes.

PWS

07-19-20

🏴‍☠️☠️⚰️👎🏻KAKISTOCRACY GONE WILD: Billy The Bigot Adds 46 More To America’s Star Chambers — Long on Government Backgrounds, Particularly Prosecutorial — Short on Immigration Expertise or Reputations For Fairness &  Scholarship — CONSPICUOUSLY ABSENT: Asylum, Human Rights Expertise & Experience Representing Humans Seeking Justice!

Here’s the list with bios:

https://www.justice.gov/eoir/page/file/1295301/download

This list includes what appears to be a municipal traffic court judge and someone who spent the last four years working for a white nationalist hate group (per the SPLC). 

https://www.youtube.com/watch?v=mesbqxTSzEM

Due Process Forever! America’s Star Chambers, Never!☠️⚰️🤮

PWS

07-19-20

REP. JOHN LEWIS, GIANT AMERICAN HERO IN AN AGE OF LILLIPUTIANS: 1940-2020 

John Lewis
Congressman John Lewis (D-GA)
American Hero
1940-2020

By NY Times Editorial Board:

https://www.nytimes.com/2020/07/17/opinion/john-lewis.html

Representative John Lewis, who died Friday at age 80, will be remembered as a principal hero of the blood-drenched era not so long ago when Black people in the South were being shot, blown up or driven from their homes for seeking basic human rights. The moral authority Mr. Lewis exercised in the House of Representatives — while representing Georgia’s Fifth Congressional District for more than 30 years — found its headwaters in the aggressive yet self-sacrificial style of protests that he and his compatriots in the Student Nonviolent Coordinating Committee deployed in the early 1960s as part of the campaign that overthrew Southern apartheid.

These young demonstrators chose to underscore the barbaric nature of racism by placing themselves at risk of being shot, gassed or clubbed to death during protests that challenged the Southern practice of shutting Black people out of the polls and “white only” restaurants, and confining them to “colored only” seating on public conveyances. When arrested, S.N.C.C. members sometimes refused bail, dramatizing injustice and withholding financial support from a racist criminal justice system.

This young cohort conspicuously ignored members of the civil rights establishment who urged them to patiently pursue remedies through the courts. Among the out-of-touch elder statesmen was the distinguished civil rights attorney Thurgood Marshall, who was on the verge of becoming the nation’s first Black Supreme Court justice when he argued that young activists were wrong to continue the dangerous Freedom Rides of early 1961, in which interracial groups rode buses into the Deep South to test a Supreme Court ruling that had outlawed segregation in interstate transport.

Mr. Marshall condemned the Freedom Rides as a wasted effort that would only get people killed. But in the mind of Mr. Lewis, the depredations that Black Americans were experiencing at the time were too pressing a matter to be left to a slow judicial process and a handful of attorneys in a closed courtroom. By attacking Jim Crow publicly in the heart of the Deep South, the young activists in particular were animating a broad mass movement in a bid to awaken Americans generally to the inhumanity of Southern apartheid. Mr. Lewis came away from the encounter with Mr. Marshall understanding that the mass revolt brewing in the South was as much a battle against the complacency of the civil rights establishment as against racism itself.

On “Redemptive Suffering”

By his early 20s, Mr. Lewis had embraced a form of nonviolent protest grounded in the principle of “redemptive suffering”— a term he learned from the Rev. James Lawson, who had studied the style of nonviolent resistance that the Indian leader Mahatma Gandhi had put into play during British colonial rule. The principle reminded Mr. Lewis of his religious upbringing and of a prayer his mother had often recited.

In his memoir “Walking With the Wind,” written with Michael D’Orso, Mr. Lewis explains that there was “something in the very essence of anguish that is liberating, cleansing, redemptive,” adding that suffering “touches and changes those around us as well. It opens us and those around us to a force beyond ourselves, a force that is right and moral, the force of righteous truth that is at the basis of human conscience.”

The essence of the nonviolent life, he wrote, is the capacity to forgive — “even as a person is cursing you to your face, even as he is spitting on you, or pushing a lit cigarette into your neck” — and to understand that your attacker is as much a victim as you are. At bottom, this philosophy rested upon the belief that people of good will — “the Beloved Community,” as Mr. Lewis called them — would rouse themselves to combat evil and injustice.

Mr. Lewis carried these beliefs into the Freedom Rides. The travelers described their departing meal at a Chinese restaurant in Washington as “The Last Supper.” Several of the participants had actually written out wills, consistent with the realization that they might never make it home. No one wanted to die, but it was understood that a willingness to do so was essential to the quest for justice.

The Ku Klux Klan did its best to secure such a sacrificial outcome. It firebombed a bus at Anniston, Ala., and tried unsuccessfully to burn the Freedom Riders alive by holding the exit doors shut. “Walking With the Wind” describes the especially harrowing episode that unfolded on the Freedom Ride bus on which he arrived in Montgomery, Ala.

The terminal seemed nearly deserted, he writes, but “then, out of nowhere, from every direction, came people. White people. Men, women and children. Dozens of them. Hundreds of them. Out of alleys, out of side streets, around the corners of office buildings, they emerged from everywhere, from all directions, all at once, as if they’d been let out of a gate . … They carried every makeshift weapon imaginable. Baseball bats, wooden boards, bricks, chains, tire irons, pipes, even garden tools — hoes and rakes. One group had women in front, their faces twisted in anger, screaming, ‘Git them niggers, GIT them niggers!’ … And now they turned to us, this sea of people, more than three hundred of them, shouting and screaming, men swinging fists and weapons, women swinging heavy purses, little children clawing with their fingernails at the faces of anyone they could reach.”

Mr. Lewis’s fellow Freedom Riders tried in vain to escape the mob by scaling trees and terminal walls. “It was madness. It was unbelievable,” Mr. Lewis recalled “… I could see Jim Zwerg now, being horribly beaten. Someone picked up his suitcase, which he had dropped, and swung it full force against his head. Another man then lifted Jim’s head and held it between his knees while others, including women and children, hit and scratched at Jim’s face. His eyes were shut. He was unconscious …. At that instant I felt a thud against my head. I could feel my knees collapse and then nothing. Everything turned white for an instant, then black.”

“Burn Jim Crow to the Ground”

Mr. Lewis clashed again with the elder statesmen of the movement when they prevailed on him to tone down a speech he was about to give at the March on Washington in 1963. Thrown out were the harshest criticisms of the John F. Kennedy administration’s civil rights bill as well as a fiery passage threatening that the movement would “march through the South, through the heart of Dixie, the way Sherman did. We shall pursue our own scorched earth policy and burn Jim Crow to the ground — nonviolently.”

Yet even the softened speech was radical for the context. At a time when civil rights leaders were commonly referring to African-Americans as Negroes, the Lewis speech used the term Black: “In the Delta of Mississippi, in Southwest Georgia, in the Black Belt of Alabama, in Harlem, in Chicago, Detroit, Philadelphia and all over this nation the Black masses are on a march for jobs and freedom.”

To the dismay of many, the 23-year-old Mr. Lewis described the movement as “a revolution,” appealing to all who listened “to get into this great revolution that is sweeping this nation. Get in and stay in the streets of every city, every village and hamlet of this nation until true freedom comes, until a revolution is complete. We must get in this revolution and complete the revolution.”

Mr. Lewis carried his faith in the power of nonviolence into the fateful Selma, Ala., voting rights demonstration — in March of 1965 — that was soon named Bloody Sunday to commemorate the vicious attack that state troopers waged on peaceful marchers. Mr. Lewis suffered a fractured skull and was one 58 people treated for injuries at a hospital.

The worldwide demonstrations that followed the brutal police killing of George Floyd underscored the extent to which many people need visual evidence to grow outraged over injustice that is perpetrated all the time outside the camera’s eye.

A television broadcast of the violence meted out by the police on Bloody Sunday worked in the same way. It generated national outrage and provided a graphic example of the need for the Voting Rights Act, which was signed into law that summer.

The linchpin part of the law required certain states and parts of states to seek federal permission before changing voting rules. This seemed almost a godsend to the civil rights cohort and at least a partial repayment for the lives of the many men and women who had died in pursuit of voting rights.

Soon after the Supreme Court crippled the act in 2013, states began unveiling measures limiting ballot access. At the time of the decision, Mr. Lewis wrote that the court had “stuck a dagger into the heart” of a hard-won and still necessary law. With his customary eloquence, he urged Congress to restore the Voting Rights Act, describing the right to vote as “almost sacred” and “the most powerful nonviolent tool we have in a democracy.”

The passing of John Lewis deprives the United States of its foremost warrior in a battle for racial justice that stretches back into the 19th century and the passage of the 14th and 15th Amendments. Americans — and particularly his colleagues in Congress — can best honor his memory by picking up where he left off.

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

With an overtly racist President, an ineffective Congress where progress is blocked by a GOP that embraces and furthers racism, a Supreme Court that doesn’t believe in equal justice for all, actively undermines civil rights, and disenfranchises voters, and GOP-controlled states that have used the moral and intellectual failures of all of the foregoing to roll back voting access for people of color, America has actually backtracked on Congressman Lewis’s vision. 

Who is big enough to fill Congressman Lewis’s shoes and lead America to a better future? Certainly not the moral and intellectual Lilliputians in the White House, the GOP, and the “JR Five” on the Supremes.

In the process of veneration, a “sanitized” version of Lewis’s life and legacy has already appeared. GOP politicos who have spent a lifetime working against everything Lewis stood for will issue the obligatory disingenuous condolences. 

We shouldn’t forget the real John Lewis. The man who called Trump’s presidency “illegitimate” for the git go, even when other Democrats refused to go there. 

He also spoke forcefully and passionately for Trump’s impeachment:

“When you see something that is not right, not just, not fair, you have a moral obligation to say something, do something,” the civil rights icon said. “Our children and their children will ask us: ‘What did you do? What did you say?’”

https://www.huffpost.com/entry/john-lewis-dies_n_5e095e32e4b0b2520d179a3f

We should remember that Lewis’s GOP colleagues (but for Sen. Mitt Romney) “honored” him by voting unanimously against the overwhelming weight of the evidence and against conviction and removal of the corrupt, racist, unqualified President who, as Lewis had previously said, never should have been in office in the first place. Thousands of Americans and numerous refugees and others have subsequently been killed or suffered traumatic harm as a result of Trump’s continuing “malicious incompetence” in office.

The real questions that our children and grandchildren will ask is: What did YOU do to honor the legacy of John Lewis and other true American heroes by removing Trump and the GOP from office and insuring that such racists and a party that promotes racism will never be empowered to infect American governance again? 

That struggle has just begun, and victory is neither assured nor easy. Yet, without turning Lewis’s words into actions and insuring that those who refuse to honor the Constitutional requirement of voting rights and equal justice for all are never again allowed to infiltrate and destroy our institutions of Government, Lewis’s vision of an America that finally provides “liberty and justice for all” will remain unfulfilled. And, that will be a true national tragedy!

This November, vote like your life and John Lewis’s legacy depend on it! Because they do!

PWS

07-18-20

🏴‍☠️FRAUD, WASTE & ABUSE:  Trump Regime Appears Ready To Defy Supremes By Rejecting New DACA Applications – Setting Up New Court Fight Over Yet Another Frivolous/Contemptuous Position?

Molly O’Toole
Molly O’Toole
Immigration Reporter
LA Times

Pulitzer Prize Winning Journalist Molly O’Toole reports for the LA Times:

https://www.latimes.com/politics/story/2020-07-16/trump-refuses-new-daca-supreme-court

Despite Supreme Court ruling, Trump administration rejects new DACA applications

By Molly O’TooleStaff Writer

WASHINGTON —

President Trump is venturing onto increasingly shaky legal ground as officials reject new applications for the Deferred Action for Childhood Arrivals program, sidestepping a Supreme Court ruling reinstating DACA, legal experts and lawmakers say.

The court ruled last month that the Trump administration hadn’t followed federal procedural law or justified terminating DACA in 2017, calling the rescission “arbitrary and capricious.”

DACA grants protection from deportation to so-called Dreamers brought to the United States as children. The Obama-era program, which has bipartisan support, has given temporary relief to some 700,000 young immigrants, with nearly 200,000 DACA recipients in California.

The court did not decide on Trump’s executive authority to rescind DACA, and offered the administration a road map for how to try to end it for good.

But despite threatening another attempt to shut down the program, the president hasn’t tried again. Monday, 25 days after the ruling, was the deadline for the administration to file for a rehearing — it didn’t.

The White House’s refusal to either act or restart the program sets up a potential showdown with the court with little precedent, says Muneer Ahmad, clinical professor at Yale Law School, who was involved in a New York-based DACA suit against the administration.

“The longer the administration refuses to accept and adjudicate new applications and declines to issue a new rescission order,” said Ahmad, “the more of a legal concern that becomes.”

The White House declined to respond to requests for comment Thursday, and the Justice Department did not immediately respond.

Immediately after the court ruled, Trump and his officials rejected the decision as “politically charged.”

“The Supreme Court asked us to resubmit on DACA, nothing was lost or won,” Trump tweeted, trying to reframe the high-profile defeat on immigration, his signature campaign issue.

Since then, the administration has refused to process new DACA applications, advocates and lawmakers say, despite widespread legal consensus — including from Trump’s supporters and former officials — that slow-rolling the restarting of the program violates the court’s order.

On Tuesday, Democratic Sens. Kamala Harris of California and Dick Durbin of Illinois, as well as 31 other senators, wrote to the acting Homeland Security secretary demanding the department “immediately comply” with the court’s ruling and “fully reinstate DACA protections, as the Court’s decision unequivocally requires.”

The Citizenship and Immigration Services agency — which administers DACA — has rejected new applications, or confirmed receipt but then not acted on them, according to lawyers. Jaclyn Kelley-Widmer, associate clinical professor of law at Cornell law school and an immigration attorney, said USCIS is sending these new applicants notices saying the agency is “not accepting initial filings.”

Meanwhile, other USCIS employees say they’ve received no guidance on the Supreme Court ruling or new DACA applications. The agency did not immediately respond to requests for comment Thursday.

The Trump administration has eschewed traditional policymaking and repeatedly sought to end-run Congress with immigration orders. Yet the president’s comments in recent days have only added to the confusion.

Last Friday in an interview with Telemundo, he contradicted himself, saying he would be issuing an executive order on DACA, then saying instead it was a bill that would “give them a road to citizenship.” The White House followed up with a statement saying Trump supports a legislative solution for DACA, potentially including citizenship, but not “amnesty.”

Then on Tuesday in a Rose Garden press conference, Trump said he’s working on DACA “because we want to make people happy.”

“We’ll be taking care of people from DACA in a very Republican way,” he said. “I’ve spoken to many Republicans, and some would like to leave it out, but, really, they understand that it’s the right thing to do.”

In 2017, then-Atty. Gen. Jeff Sessions declared DACA unconstitutional and lower courts issued orders that froze the program while the Trump administration appealed directly to the Supreme Court.

The administration was required to renew existing DACA cases, but has blocked tens of thousands from applying for DACA for the first time who became eligible once they turned 15.

In a statement published the day after the ruling, USCIS deputy director for policy Joseph Edlow said that the decision “merely delays the President’s lawful ability to end the illegal Deferred Action for Childhood Arrivals amnesty program.”

.  .  .  .

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

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

Pretty much what one might expect from a scofflaw and often openly contemptuous regime. So far, Justices Alito, Thomas, Gorsuch, and Kavanaugh (and sometimes CJ Roberts, although not in this particular case) have fairly consistently been more than willing to “paper over” the various obvious pretexts for the Trump regime’s racist attacks on asylum seekers and migrants of color. At a point where it boils over into direct contempt for the Article IIIs, will they continue to cover up?

Of course, the real problem here is that there never has been any legitimate reason for terminating DACA. None! That’s going to present a problem if and when the regime gets to cooking up its bogus reasons and obvious pretexts for their racist scheme to dump on Dreamers. At least it will in some lower Federal Courts.

On the other hand, to date, the Supremes’ majority has taken a “head in the sand” approach to invidious discrimination and blatant racism in the actions of the Trump regime, particularly as it relates too migrants.

 

PWS

 

07-16-20

 

 

 

☠️👎🏻🤮GOODBYE GONZO! — Notorious Racist, Bigot, Homophobe, Misogynist Loses GOP Primary — Blinded By The Fog of Hate, Gonzo Never Understood Trump’s Sole Overriding Concern — Eventually, His Failure To Put Shielding Trump’s Corruption First Made Him “the only monument to the Confederacy that Trump was eager to remove.” (Pema Levy @ Mother Jones)

By Paul Wickham Schmidt

Exclusive for Courtside

July 14, 2020

Back before the 2016 election, GOP backbench Jim Crow hate monger Senator Jeff “Gonzo Apocalypto” Sessions saw a kindred spirit who would help him realize his whitewashed, faux Christian view of America: Donald Trump. Becoming the first Senator to endorse Trump got Gonzo a ticket to the U.S. Attorney General’s Office, where he quickly established himself as probably the worst inhabitant after the Civil War and before Billy Barr ( a period that notably includes “John the Con” Mitchell).

During his tenure, Gonzo separated families, caged kids, targeted vulnerable Latino refugee women for abuse, illegally punished “sanctuary cities,” expanded the “New American Gulag,” diverted prosecutorial resources from real crimes to minor immigration violations, expanded the “New American Gulag,” advocated discrimination against the LGBTQ community under the guise of religious bigotry, encouraged police brutality against Black Americans, aided efforts to disenfranchise Black and Latino voters, spread false narratives about immigrant crime and asylum fraud, dissed private lawyers, stripped Immigration Judges of their authority to control their own dockets, multiplied the Immigration Court backlogs, illegally tried to terminate DACA while smearing Dreamers, spoke to hate groups, issued unethical “precedent decisions” while falsely claiming to be acting in a quasi-judicial capacity, interfered with asylum grants and judicial independence, put anti-due-process production quotas on Immigration Judges, attempted to dismantle congressionally mandated “know your rights” programs, to name just a few of his gross abuses of public office. Indeed, other than Stephen Miller and Trump himself, how many notorious child abusers get to walk free in America while their victims suffer lifetime trauma?

Despite never being the brightest bulb in the pack, his feeble attempt at “legal opinions” sometimes drawing ridicule from lower court judges, Gonzo is generally credited with doing more than any other Cabinet member to advance Trump’s agenda of hate and White Nationalist bigotry. He actually was dumb enough to believe that his unswerving dedication to a program of promoting the white race over people of color and Christians over all other religions would ingratiate him with Trump. 

That would assume, however, that Trump had some guiding principle, however vile and disgusting, beyond himself. Sessions might be the only person in Washington who thought racism would trump self-protection. I’m not saying that Trump isn’t a committed racist — clearly he is. Just that his commitment to racism is subservient to his only real defining characteristic — narcissism. Just ask his niece, Mary.

Gonzo failed in the only thing that ever counted: Protecting Trump, his family, and his corrupt cronies from the Mueller investigation. It wasn’t, as some have inaccurately claimed, a show of ethics or dedication to the law.

Even Gonzo realized that participating in an investigation involving a campaign organization of which he was a member and therefore both a potential witness and target, would be an egregious ethical violation that could cost him his law license as well as a potential criminal act of perjury, given that he had testified under oath during his Senate confirmation that he intended to recuse himself. Apparently, that was on a day when Trump was too busy tweeting or playing golf to focus on the implications of that particular statement under oath by his nominee.

After Trump fired him, Gonzo’s political fortunes took a sharp downturn. A guy who polled 97% of the vote in running unopposed for the Senate in 2014, polled only 38% of the vote in overwhelmingly losing the GOP primary to former Auburn Football Coach Tommy Tuberville. Tommy, a “Trump loyalist” with extreme far-right views and no known qualifications for the job, is not much of an improvement over Sessions.

Perhaps the only good news is that Alabama currently has a very decent and competent U.S. Senator, Doug Jones (D), who represents all of the people of the state. Everybody should support Doug’s campaign to maintain decency and commitment to equal justice in Government.

For those who want a further retrospective on Sessions’s grotesque career of promoting a return to Jim Crow while on the public dole, I recommend the following articles from Mother Jones and the Advocate:

https://www.motherjones.com/politics/2020/07/jeff-sessions-ends-his-political-career-in-a-blaze-of-racism/

https://www.advocate.com/politics/2020/7/14/career-racist-homophobe-jeff-sessions-over

Goodbye and good riddance to one of America’s worst and most disgusting politicos not named Trump or Steve King.

Due Process Forever! 

PWS

07-15-20

🏴‍☠️ABUSE OF PROCESS: Trump Regime’s Irrational Threat To Terrorize Foreign Students Withdrawn In Face Of Widespread Bipartisan Outrage, Multiple Lawsuits, & Impending Defeat In Courts!

https://www.huffpost.com/entry/trump-foreign-students-online-classes_n_5f0e0546c5b63b8fc10f86f4

Here’s the deal. America is reeling  from Trump’s mishandling of the pandemic, his divisive racist rhetoric, and his lack of a coherent plan for reopening schools. But, in the midst of these unresolved crises, Trump’s White Nationalist, xenophobic regime found time to issue, without consultation, absurdist rules threatening foreign students whose schools offered only online leaning because of legitimate health and safety concerns for the students, faculty, and staff.

This idiotic, illegal missive threatened to upend the U.S. higher education system and put a $40 billion hit on our economy during a period of unprecedented unemployment and economic disruption. Consequently, numerous educational institutions across America banded together, developed emergency legal strategies, and filed suits against the Trump kakistocracy in numerous Federal Courts. 

This, in turn, tied up legal resources that could have been used more productively, as well as further clogging Federal Court dockets already overwhelmed with various unnecessary suits caused by Trump’s maliciously incompetent attack on immigration. It also tied up Government resources that might better have been used solving real problems.

Faced with certain defeat and the exposition of the total stupidity, not to mention illegality, of these rules, the Trump regime backed down before the first suit even got to hearing. But, this predictable “back off” does not repair the overall damage to our nation caused by Trump’s xenophobic war on legal immigration. Catherine Rampell cogently describes it in an op-ed in the Washington Posthttps://www.washingtonpost.com/opinions/2020/07/14/even-with-administrations-about-face-international-student-visas-enrollment-is-still-set-plummet/

In the meantime, the problem of abuse of our legal system and the organs of Government by a maliciously incompetent Administration advancing a toxic and unconstitutional White Nationalist agenda remains unresolved. Indeed, the often tone-deaf approach of the Supremes to these gross abuses, particularly in the areas of immigration and human rights, has actually been a large part of the problem.

What could we accomplish if the time and resources now used to prevent a “rogue Government” from destroying democracy were instead devoted to developing constructive, cooperative solutions to our festering national problems? What if we harnessed the power of migration for human progress, rather than futilely and wastefully working at cross purposes with perhaps the oldest and most powerful human phenomenon?🗽⚖️

This November, say “No” to the White Nationalist Kakistocracy!

PWS

07-14-20

 

☠️👎DEATH PANEL: Billy The Bigot’s BIA Spends 34-Pages Stomping Every Aspect Of Claim By Victim Of Trump’s MPP — Matter of M-D-C-V-

 

https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMDA3MTQuMjQzNjA1MjEiLCJ1cmwiOiJodHRwczovL3d3dy5qdXN0aWNlLmdvdi9lb2lyL3BhZ2UvZmlsZS8xMjkzOTcxL2Rvd25sb2FkIn0.GQ-40i9lJzne69mtiz5FLkL4ucpejz820EUlR2HEV7E/s/842922301/br/81011306761-l

Matter of M-D-C-V-, 28 I&N Dec. 18 (BIA 2020)

BIA HEADNOTE:

Under section 235(b)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1225(b)(2)(C) (2018), an alien who is arriving on land from a contiguous foreign territory may be returned by the Department of Homeland Security to that country pursuant to the Migrant Protection Protocols, regardless of whether the alien arrives at or between a designated port of entry.

PANEL:  Board Panel: MALPHRUS and CREPPY, Appellate Immigration Judges; MORRIS, Temporary Appellate Immigration Judge.

OPINION BY: Judge Malphrus

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

The deny, deny, deny message is very clear! 

To keep what the BIA and the Administration are doing to our fellow humans in perspective, however, remember that:

  • Human Rights Watch studied the cases of more than 200 individuals who were returned to El Salvador by the Administration;
  • Of these, 138 were killed upon return;
  • Another 70 were “subjected to sexual violence, torture, and other harm, usually at the hands of gangs, or . . . went missing following their return;”

https://immigrationcourtside.com/2020/02/11/its-1939-white-nationalist-america-is-failing-humanity-again-the-st-louis-replay-history-will-neither-forget-nor-forgive-us-for-wrongfully-sending-refugees-to-thei/

That’s a high kill/abuse rate. But, that’s exactly what human rights criminals like Stephen Miller “get off on.” “Death to the other!”

And, so far, the Supremes have obliged the White Nationalists’ program of “Dred Scottification” as long as it applies to “the others,” primarily persons of color, not deserving in the elitists’ view of being treated as “persons” under the law or as “human beings” under any laws. Eventually, however, posterity will have something to say about Trump, Miller, Roberts, McConnell, Barr, Wolf, Sessions, Pence, Alito and a host of others who have knowingly participated in these intentional degradations of humanity and furthering of White Supremacy!

Due Process Forever!

PWS

07-14-20

🏴‍☠️🤡KAKISTOCRACY KORNER: Experienced Immigration Judges Flee America’s Star Chambers At Record Numbers As Trump Regime’s Malicious Incompetence Triples Backlog With Twice The Number Of Judges On Bench, According To Latest TRAC Report!

🏴‍☠️🤡KAKISTOCRACY KORNER: Experienced Immigration Judges Flee America’s Star Chambers At Record Numbers As Trump Regime’s Malicious Incompetence Triples Backlog With Twice The Number Of Judges On Bench, According To Latest TRAC Report!

Transactional Records Access Clearinghouse

More Immigration Judges Leaving the Bench

FOR IMMEDIATE RELEASE

The latest judge-by-judge data from the Immigration Courts indicate that more judges are resigning and retiring. Turnover is the highest since records began in FY 1997 over two decades ago. These results are based on detailed records obtained by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University under the Freedom of Information Act (FOIA) from the Executive Office for Immigration Review (EOIR) which administers the Courts.

During FY 2019 a record number of 35 judges left the bench. This is up from the previous record set in FY 2017 when 20 judges left the bench, and 27 judges left in FY 2018.

With elevated hiring plus the record number of judges leaving the bench more cases are being heard by judges with quite limited experience as immigration judges.

Currently one of every three (32%) judges have only held their position since FY 2019. Half (48%) of the judges serving today were appointed in the last two and a half years. And nearly two-thirds (64%) were appointed since FY 2017.

While the Court is losing many of its most experienced judges, the backlog of cases continues to balloon. It is now almost three times the level when President Trump assumed office.

Update on Disappearing Immigration Court Records

Records continue to disappear in the latest data release for updated court records through the end of June 2020. The report provides the latest statement from EOIR Chief Management Officer Kate Sheehey about this matter.

To read the full report on Immigration Judges leaving the bench as well as the Sheehey statement, go to:

https://trac.syr.edu/immigration/reports/617/

TRAC’s free web query tools which track Immigration Court proceedings have also been updated through June 2020. For an index to the full list of TRAC’s immigration tools and their latest update go to:

https://trac.syr.edu/imm/tools/

If you want to be sure to receive a notification whenever updated data become available, sign up at:

https://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1

Follow us on Twitter at:

https://twitter.com/tracreports

or like us on Facebook:

https://facebook.com/tracreports

TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the US Federal government. To help support TRAC’s ongoing efforts, go to:

https://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

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

Look folks, I’m not disputing that Susan B. Long and David Burnham of TRAC are smart people. I’m even willing to speculate that they are smarter than most of the folks still in so-called public service (that largely isn’t any more) in all three branches of our failing Government.

But, are they really that much smarter than Supreme Court Justices, Article III Federal Judges, and Legislators who have let this grotesquely unconstitutional, dysfunctional, and deadly Star Chamber masquerading as a “court system” right here on American soil unfold and continue its daily abuses right under their complicit noses? Or, do we have too many individuals in public office lacking both the human decency and moral courage to stand up against institutionalized racism, unnecessarily cruelty, corruption, and pure stupidity, all of which very clearly are prohibited by both the due process and equal protection clauses of our Constitution, not to mention the 13th and 15th Amendments. It’s not rocket science!

Enough with the Congressional and Court-enabled “Dred Scottification” of the other! That’s how we ended up with things like the “Chinese Exclusion Act” and “Jim Crow” and why we have an institutionalized racism problem now.

Instead of standing up for equal justice for all under the Constitution, the Supremes and Congress often have willingly been part of the problem — using the law knowingly and intentionally to undermine constitutionally required equal justice for all and an end to racism. And, we can see those same attitudes today, specifically in the Supremes’ ridiculously wrong, intellectually dishonest, and cowardly decisions “greenlighting” various parts of White Nationalist Stephen Miller’s bogus program of dehumanizing asylum seekers and immigrants of color. This is not acceptable performance from Justices of our highest Court!

We need better, more courageous, and more intellectually honest public officers in all three branches who are willing to stand up for individual rightshuman lives, and the common good over bogus right wing legal doctrines and inhumanity cloaked in legal gobbledygook. It won’t happen overnight. But, a better America starts with throwing a totally corrupt, cruel, and maliciously incompetent President and his GOP enablers out of every public office at every level of government this November.

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

PWS

07-14-20

🛡⚔️⚖️ROUND TABLE RIPS REGIME’S FRAUDULENT PROPOSED REGS ELIMINATING ASYLUM IN 36-PAGE COMMENTARY — “The proposed rules are impermissibly arbitrary and capricious. They attempt to overcome, as opposed to interpret, the clear meaning of our asylum statutes.”

Knightess
Knightess of the Round Table

Asylum Ban Reg Comments_July 2020_FINAL

INTRODUCTION

In their introduction, the proposed regulations misstate the Congressional intent behind our asylum laws.2 Since 1980, our nation’s asylum laws are neither an expression of foreign policy nor an assertion of the right to protect resources or citizens. It is for this reason that the notice of proposed rulemaking must cite a case from 1972 that did not address asylum at all in order to find support for its claim.

The intent of Congress in enacting the 1980 Refugee Act was to bring our country’s asylum laws into accordance with our international treaty obligations, specifically by eliminating the above- stated biases from such determinations. For the past 40 years, our laws require us to grant asylum to all who qualify regardless of foreign policy or other concerns. Furthermore, the international treaties were intentionally left broad enough in their language to allow adjudicators flexibility to provide protection in response to whatever types of harm creative persecutors might de- vise. In choosing to adopt the precise language of those treaties, Congress adopted the same flexibility. See e.g. Murray v. The Schooner Charming Betsy, 6 U.S. 64 (1804), pursuant to which national statutes should be interpreted in such a way as to not conflict with international laws.

The proposed rules are impermissibly arbitrary and capricious. They attempt to overcome, as opposed to interpret, the clear meaning of our asylum statutes. Rather than interpret the views of Congress, the proposed rules seek to replace them in furtherance of the strongly anti-immigrant views of the administration they serve.3 And that they seek to do so in an election year, for political gain, is clear.

In attempting to stifle clear Congressional intent in service of its own political motives, the ad- ministration has proposed rules that are ultra vires to the statute.

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

Read our full comment at the above link.

Special thanks to the following Round Table Team that took the lead in drafting this comment (listed alphabetically):

Judge Jeffrey Chase

Judge Bruce Einhorn

Judge Rebecca Jamil

Judge Carol King

Judge Lory Diana Rosenberg

Judge Ilyce Shugall

Due Process Forever! Crimes Against Humanity, Never!

PWS

07-14-20

🏴‍☠️TRUMP REGIME’S CRIMES AGAINST HUMANITY: IMMIGRATION SUPERSTAR LINDSAY MUIR HARRIS &  ONE OF HER ASYLEE CLIENTS SPEAK OUT AGAINST MILLER’S NEO-NAZI PROPOSAL TO BAR ASYLUM! — “My husband and I may not be alive today and our daughter would have been married off as the third wife of a man in his fifties by the time she was twelve.”

Professor Lindsay Muir Harris
Professor Lindsay Muir Harris
UDC Law

https://msmagazine.com/2020/07/13/an-american-mother-on-asylum-trumps-new-rules-would-have-rewritten-my-story/

An American Mother on Asylum: Trump’s New Rules Would Have Rewritten My Story

7/13/2020 by NENE BAH and LINDSAY M. HARRIS

Asylum is not a perfect solution for families like mine, who are fleeing human rights abuses. Starting all over again in another country is not easy.

We have, at times, struggled to survive. I have worked night shifts in a factory, as a janitor for a public school system, and in retail. I have worked hard to provide for my family.

Today, I am a U.S. citizen and my children are in college. My daughter can’t make up her mind about which major to choose. Above all, we are safe from physical harm and threats to my daughter’s safety and my own that we fled in our home country.

But, if the new asylum rules proposed by the Trump administration are put into practice, others like me will not have the same protection. They will be returned to danger.

This is my story.

I fled my home country in West Africa in 2010. My husband and I had a happy life and after university I worked as a high school biology teacher.

Things became too dangerous for us to stay, however, when family and community members came after us, insisting that my young daughter be subjected to female genital cutting and early forced marriage to a much older man.

Wanting to protect my child from what I myself had endured when I was young, I decided to take a stand. My husband and I were united in our opposition to female genital cutting, which is very common in our country, especially for girls between 5 and 9 years old. Given my traumatic and painful experience and how it has affected me throughout my life, we did everything we could to protect our daughter.

This antagonized our community and families, and we both endured numerous threats, physical attacks, and beatings, in an attempt by our family to convince us to let her be cut. We lived in constant fear of my daughter being kidnapped and cut.

At one point, an extended family member who insisted that we agree to let our daughter be cut ran over my husband, causing him to suffer brain damage and severe injuries. The authorities refused to intervene in what they saw as “family matters,” and the law against female genital cutting is not enforced in my country. To protect our child, I knew we had to leave.

I had visited the United States before and knew it would be a safe place to raise our family. There was no way to apply for asylum outside the U.S., so I obtained tourist visas for us. There are no direct flights from my home country to the United States, so we stopped in North Africa for a brief layover, before arriving in the U.S.

Soon after arrival, I found a lawyer, to help me with my case: Lindsay Harris, with the Tahirih Justice Center. I was lucky to find a lawyer, but the process of applying for asylum was extremely challenging—although Lindsay spoke French, one of the languages I speak comfortably, we had to complete all of the paperwork in English. I had to re-tell my story time and time again and eventually before an asylum officer.

I realize now that I was actually lucky because I had my asylum interview in 2011, and my case was granted only six months later that same year. Now, asylum seekers often wait several years before an interview, and the U.S. government just made the waiting period longer. During those six months, I lived with the constant anxiety of being sent back to my country where my daughter would be cut and our lives were in danger.

When we were granted asylum, we were finally able to live in safety and peace. My daughter was able to focus on school and have a happy childhood.

My heart sank earlier this month when I learned that other women and girls may not have the same access to safety that we did. The Trump administration wants to make major changes to the rules for asylum law. If these rules were in effect when I sought asylum in 2011, I would not have been granted.

The more I learn about these policy changes, the more stunned and saddened I am. It’s staggering to think that under these new rules, gender-based violence would not count—as if it’s not important enough to matter.

In my country, and many countries around the world, women are subjected to specific forms of harm based on their gender: gender-specific violence. Men simply are not at risk of female genital cutting and generally not child or forced marriage.

Under the new rules, what happened between my family and community members would be considered just a “private dispute”—despite the strong evidence then and now to show that my government would not intervene in what they see as family issues, even where serious physical harm and death are involved.

Part of my asylum claim was that I was targeted because of my feminist political opinion: I believe women and girls have the right to decide what happens to their own bodies. These new rules would prevent those claims too.

It’s unbelievable that things like taking a non-direct flight, as my family did—which had nothing to do with how much we needed protection or whether or not we were telling the truth—could bar someone from being granted asylum protection. That stop, briefly, at another airport in North Africa, would have undermined our entire claim for protection. My husband and I may not be alive today and our daughter would have been married off as the third wife of a man in his fifties by the time she was twelve.

It angers me that the government wants to create all of these new bars to asylum, leaving some asylum seekers with access only to something called “withholding of removal.”

For me, this would have meant separation from my husband and children—who would not have also been granted that protection as my derivatives or who would each have to have their own asylum claim—never being able to travel outside the U.S., never being able to become a lawful permanent resident or a citizen, and continually renewing a work permit and reporting to a deportation officer on a routine basis. We would be living in limbo.

Take Action

The public can comment on the proposed rules to change asylum until July 15, 2020.

It is painful and frightening for me to speak out, but I have chosen to do so.

I want to ensure that the women who come after me, seeking protection for themselves and their daughters, will not find that the United States has closed its doors and shut its eyes to human rights abuses and persecution against women and girls.

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

These proposals have been developed and promoted by neo-Nazi racist xenophobe Stephen Miller. They are totally outrageous and illegal. Many entitled to our nation’s protection have already been maimed, tortured, raped, or died as a result of  our nation’s failure to stand up against this arrogant human rights abuser on our public payroll. 

The humanity of every American is diminished by Miller’s White Nationalist hate agenda and the corrupt regime that employs him.

PWS

07-14-20

🏴‍☠️☠️🤮THE UGLY TRUTH BEHIND TRUMP’S COVID-19 LIES: Immigrants Don’t Spread COVID-19, But ICE Spreads It Throughout The U.S. & The World, According To a New Report From The NY Times & The Marshall Project!

🏴‍☠️☠️🤮THE UGLY TRUTH BEHIND TRUMP’S COVID-19 LIES: Immigrants Don’t Spread COVID-19, But ICE Spreads It Throughout The U.S. & The World, According To a New Report From The NY Times & The Marshall Project!

https://www.themarshallproject.org/2020/07/10/how-ice-exported-the-coronavirus

By Emily KassieBarbara Marcolini

This video was produced in collaboration with The New York Times.

Admild, an undocumented immigrant from Haiti, was feeling sick as he approached the deportation plane that was going to take him back to the country he had fled in fear. Two weeks before that day in May, while being held at an Immigration and Customs Enforcement detention facility in Louisiana, he had tested positive for the coronavirus — and he was still showing symptoms.

He disclosed his condition to an ICE official at the airport, who sent him to a nurse.

“She just gave me Tylenol,” said Admild, who feared reprisals if his last name was published. Not long after, he was back on the plane before landing in Port-au-Prince, one of more than 40,000 immigrants deported from the United States since March, according to ICE records.

Even as lockdowns and other measures have been taken around the world to prevent the spread of the coronavirus, ICE has continued to detain people, move them from state to state and deport them.

An investigation by The New York Times in collaboration with The Marshall Project reveals how unsafe conditions and scattershot testing helped turn ICE into a domestic and global spreader of the virus — and how pressure from the Trump administration led countries to take in sick deportees.

We spoke to more than 30 immigrant detainees who described cramped and unsanitary detention centers where social distancing was near impossible and protective gear almost nonexistent. “It was like a time bomb,” said Yudanys, a Cuban immigrant held in Louisiana.

At least four deportees interviewed by The Times, from India, Haiti, Guatemala and El Salvador, tested positive for the virus shortly after arriving from the United States.

. . . .

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

Read the rest of the introduction and view the video at the link.

There is no reliable evidence that migrants and asylum seekers are a significant source of COVID-19 spread, particularly if they are properly screened, tested, and quarantined when necessary. https://www.cato.org/blog/no-mr-president-immigration-not-correlated-covid-19-united-states

On the other hand, as this report as well as numerous Federal Court actions have shown, there is powerful evidence that the “maliciously incompetent” immigration policies of the Trump regime are spreading COVID-19 in the U.S. and the world.

Consequently, Trump’s COVID-19 based immigration and asylum restrictions are a bad faith pretext for a White Nationalist, racist, xenophobic agenda. It’s a cowardly coverup for the truth that the Trump Administration threatens America’s health, not migrants and asylum seekers.

Reality is actually pretty straightforward, even if  some Federal Courts and most GOP legislators pretend otherwise.

PWS

07-13-20

 

 

10 LEGAL REPAIRS FOR A POST-CLOWN 🤡 WORLD — From Jennifer Rubin @ WashPost

Jennifer Rubin
Jennifer Rubin
Opinion Writer
Washington Post

https://www.washingtonpost.com/opinions/2020/07/12/ten-ideas-post-trump-reform/

President Trump granting clemency to his crony Roger Stone, who served as the go-between for the Trump campaign and WikiLeaks, on practically the eve of Stone’s incarceration for multiple crimes attendant to his coverup on behalf of the president, is grotesquely corrupt but unsurprising. Stone virtually confessed to a quid pro quo, telling Howard Fineman, “He [Trump] knows I was under enormous pressure to turn on him. It would have eased my situation considerably. But I didn’t.” Silence for clemency. A separate system of justice for the president’s henchmen. This is the very definition of corruption.

“By this action, President Trump abused the powers of his office in an apparent effort to reward Roger Stone for his refusal to cooperate with investigators examining the President’s own conduct,” House Judiciary Committee Chairman Jerrold Nadler (D-N.Y.) and Oversight and Reform Committee Chairwoman Carolyn B. Maloney (D-N.Y.) said in a written statement released Friday. “No other president has exercised the clemency power for such a patently personal and self-serving purpose.”

Stone’s clemency should remind all Americans of the necessity of removing Trump at the ballot box and seeking a full accounting of Attorney General William P. Barr’s role in running interference for the president (e.g., spinning the Mueller report, turning a blind eye toward criminality in the Ukraine scandal, intervening to block Stone’s and Michael Flynn’s punishments). It should remind voters that if not for the spinelessness of every Republican senator save Utah’s Mitt Romney, Trump would not have survived impeachment to seek vengeance on witnesses (e.g., Lt. Col. Alexander Vindman), corruptly protect his friends and incompetently manage a pandemic, leading to the unnecessary deaths of tens of thousands. With the pardon of Stone, we can affirm that Maine Republican Sen. Susan Collins’s assertion that he learned his lesson from impeachment was delusional.

In 2019, The Post’s editorial board argued the president tried to manipulate the justice system, wrongdoing that Congress must not let go. (The Washington Post)

However, we will need far more than an electoral shellacking of Republicans to address the damage Trump has done to the Justice Department and the rule of law. Ten simple measures would begin to repair our justice system:

1. A thorough redo of the special counsel/independent counsel law is necessary. The counsel’s final report should be issued to Congress and/or the courts, depriving a potentially corrupt attorney general or president the opportunity to pre-edit or spin it. Additional legislation should clarify that a special counsel is empowered to make specific findings of illegality. The DOJ guidelines preventing prosecution of the president while still in office should be revisited.

2. Congress must reassert the power of the purse. The executive branch must report all holds/impounds on congressionally appropriated funds. “Emergency” powers should be reexamined, tightened and clarified to prevent the sort of unilateral misappropriation of funds we saw regarding the wall.

3. Severe criminal penalties should be exacted for revealing the identity of whistleblowers or threatening and/or punishing federal employees for providing truthful testimony.

4. A new, speedy enforcement mechanism is required for contempt of Congress citations, allowing lawmakers to get a swift and definitive resolution of its conflicts with the executive branch.

5. We need a barrier between the White House and Justice Department to prevent political interference in specific cases, targets of investigation and prosecutorial recommendations. Any such communications must be logged and made available to the inspector general and/or Congress.

. . . .

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

Get the rest of the article with five more good ideas at the above link.

An essential that should have been #1 on the list: An independent Article I Immigration Court with an open, merit-based judicial selection process involving public input!

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

PWS

07-13-20

🏴‍☠️KAKISTOCRACY UPDATE W/ CATHERINE RAMPELL @ WASHPOST: Trump’s Morally & Financially Bankrupt USCIS Stops Making Green Cards — Literally!

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/how-the-trump-administration-is-turning-legal-immigrants-into-undocumented-ones/2020/07/09/15c1cbf6-c203-11ea-9fdd-b7ac6b051dc8_story.html

By Catherine Rampell

July 9 at 7:30 PM ET

The Trump administration is turning legal immigrants into undocumented ones.

That is, the “show me your papers” administration has literally switched off printers needed to generate those “papers.”

Without telling Congress, the administration has scaled back the printing of documents it has already promised to immigrants — including green cards, the wallet-size I.D.’s legal permanent residents must carry everywhere to prove they are in the United States lawfully.

In mid-June, U.S. Citizenship and Immigration Services’ contract ended with the company that had been printing these documents. Production was slated to be insourced, but “the agency’s financial situation,” USCIS said Thursday, prompted a hiring freeze that required it to ratchet down printing.

. . . .

USCIS, which is funded almost entirely by fees, is undergoing a budget crisis, largely caused by financial mismanagement by political leadership. The printing disruptions are no doubt a preview of chaos to come if the agency furloughs about 70 percent of its workforce, as it has said it will do in a few weeks absent a congressional bailout.

In recent conversations with congressional staffers about cutting contracts to save money, USCIS mentioned only one contract, for a different division, that was being reduced — and made no reference to this printing contract, according to a person who took part in those discussions. The company that had this contract, Logistics Systems Inc., did not respond to emails and calls this week requesting comment.

The administration has taken other steps in recent months that curb immigration. Presidential executive orders have almost entirely ended issuance of green cards and work-based visas for people applying from outside the country; red tape and bureaucracy have slowed the process for those applying from within U.S. borders. For a while, the agency refused to forward files from one office to another. The centers that collect necessary biometric data remain shuttered.

These pipeline delays are likely to dramatically reduce the number of green cards ultimately approved and issued this year.

Under normal circumstances, immigrants who need proof of legal residency but haven’t yet received their green card would have an alternative: get a special passport stamp from USCIS. But amid covid-related changes, applicants must provide evidence of a “critical need,” with little guidance about what that means.

“The bottom line is that applicants pay huge filing fees, and it appears that these fees have apparently been either squandered through mismanagement or diverted to enforcement-focused initiatives, to the great detriment of applicants as well as the overall efficiency of the immigration process,” says Anis Saleh, an immigration attorney in Coral Gables, Fla. “The administration has accomplished its goal of shutting down legal immigration without actually changing the law.”

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

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

It should come as no surprise that an agency under unqualified White Nationalist Ken “Cooch Cooch” Cuccinelli is being run into the ground and has lost its mission through misdirection and mismanagement. That’s basically Cooch’s story in a nutshell as those of us know in Virginia, where we count ourselves most fortunate not to have him as our Governor.

I have written previously about how the regime’s “malicious incompetence” has bankrupted once self-sustaining USCIS while destroying our legal immigration and asylum systems that benefit the US and individual migrants and refugees in numerous ways. I made the rather obvious point that the House Dems should not bail out this regime on USCIS, but rather require that the money be found by reprograming funds from bloated, wasteful, ineffective, and inhumane DHS enforcement programs, starting with the wall.

https://immigrationcourtside.com/2020/07/07/%f0%9f%8f%b4%e2%80%8d%e2%98%a0%ef%b8%8f%e2%98%a0%ef%b8%8f%e2%9a%b0%ef%b8%8f%f0%9f%a4%ae%f0%9f%91%8ekakistocracy-korner-trumps-malicious-incompetence-bankrupts-once-profitable-immigration-age/

The solution to maliciously incompetent freeloaders like the Trump immigration kakistocracy is not to provide more bailouts as rewards for their misconduct and mismanagement.

A recent report from the American Immigration Council shows how DHS enforcement spending has bloated to over $25 billion annually at then same time the Trump kakistocracy has mismanaged USCIS into bankruptcy. https://www.americanimmigrationcouncil.org/research/the-cost-of-immigration-enforcement-and-border-security

And, we haven’t really gotten much return on that investment, Here’s a key quote from the AIC Report:

What has this spending bought? The United States currently has roughly 700 miles of fencing along the Southern border, record levels of staff for ICE and CBP, as well as a fleet of drones, among other resources. Some of these resources have been spent on ill-conceived projects, such as the $1 billion attempt to construct a “virtual fence” along the Southwest border, a project initiated in 2005 that was later scrapped for being ineffective and too costly. CBP announced a similar project in July 2020 to install a total of 200 “Autonomous Surveillance Towers” along remote areas of the southern border at a reported cost of several hundred million dollars.

Even with record level spending on enforcement, enforcement alone is not sufficient to address the challenges of undocumented migration. It also has significant unintended consequences; according to U.S. Border Patrol statistics, the Southwest border witnesses close to one death per day. All of these efforts that have accumulated in the name of security, however, do not necessarily measure border security properly, or make the border more secure. It is past time for the United States to turn away from costly and haphazard efforts to secure the border and instead focus on reining in the costs of border enforcement.

I argue that the regime’s focus on removing folks who were peacefully residing in the U.S. and contributing to our economy, many with U.S. citizen family members who are then left in dire straits, has actually been detrimental to America, in addition to killing the Immigration Courts.

Likewise, the shutdown of our legal refugee, asylum, and immigration systems without legislation has not only placed our nation among the ranks of human rights violators and harmed or endangered human lives, but also deprived us of individuals with a powerful history of making outsized contributions to our society and our economy.

I doubt that a rational immigration policy and system that looked at the real national interest, rather than the mythologized White Nationalist, fundamentally racist version of it, would require such a huge, yet largely counterproductive, enforcement apparatus. At a minimum, costs for civil detention and removals could be cut substantially in a better system.

Due Process Forever! More public welfare handouts for the kakistocracy, never!

PWS

07-12-20

⚖️👎🏻ADAM SERWER @ THE ATLANTIC DE-GOBBLEDYGOOKS SUPREMES: Nobody Is Above The Law, But Trump Can Evade It  — All Trump Wanted From “His” Supremes Was To Avoid The Legal Process Until After The Election, & That’s Exactly What He Got From A Court Unwilling To Stand Up To A Patently Dishonest President & Gross Abuses Of Executive Authority!

https://apple.news/ARMzjBjhvTLKSg1So3tghpg

Seven Supreme Court justices ruled yesterday morning that Donald Trump is not a king.

But Trump still got what he wanted.

Since Trump announced his candidacy for president in 2015, he has vowed to release his tax returns, and has also refused to release his tax returns. After the 2018 midterms, Democrats in the House sought to subpoena financial institutions for Trump’s records, and Manhattan District Attorney Cy Vance sought Trump’s financial records for a grand-jury investigation into whether Trump broke the law when he concealed hush-money payments to hide past affairs during the 2016 election. In one opinion, Trump v. Mazars, the Court affirmed Congress’s subpoena power but sent the case back to lower courts for further litigation; in Trump v, Vance, it affirmed Vance’s authority to seek the records but sent the case back to the lower courts for further litigation.

[David A. Graham: Trump is successfully running out the clock]

In other words, what is apparently a defeat for Trump is still a victory for his presidential campaign: The public will not see the financial records that he has been promising to reveal for the past five years, and voters will remain in the dark about the president’s potential entanglements and conflicts of interest as they go to the polls for the second time.

“In our judicial system,” Chief Justice John Roberts wrote in Vance, quoting an old legal maxim, “‘the public has a right to every man’s evidence.’ Since the earliest days of the Republic, ‘every man’ has included the President of the United States.” Nevertheless, Roberts wrote, while Trump does not have absolute immunity to Vance’s subpoenas, he can continue to contest particular subpoenas individually on various grounds in the lower courts, including arguing “that compliance with a particular subpoena would impede his constitutional duties.” Vance’s grand jury may ultimately get its hands on the president’s documents, but the public will not see them anytime soon, if at all.

In Mazars, Roberts acknowledged that “the standards proposed by the President and the Solicitor General—if applied outside the context of privileged information—would risk seriously impeding Congress in carrying out its responsibilities,” but he also rebuked the House for its own argument, which would leave “essentially no limits on the congressional power to subpoena the President’s personal records.”

The exalted language of Roberts’s opinions conceals their results, which are, to paraphrase Saint Augustine: Give me oversight, and give me transparency, but not yet.

. . . .

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Read the rest of the article at the link.

Actions over words. Results over rhetoric. 

There are lots of losers here: the public’s right to know, Congressional oversight, Executive accountability, ethics in Government, the rule of law, separation of powers, judicial independence, intellectual honesty, the integrity of our revenue system, ordinary taxpayers. But there’s really only one winner: Trump. 

Don’t bet that a future Democratic President would get the same exemptions from timely Congressional oversight.

As for the “theoretically non-political” Supremes, you might want to ask Al Gore, disenfranchised and gerrymandered minority voters, or more recently, Wisconsin voters who risked their lives to vote in person during a pandemic about that.

PWS

07-12-20