EUGENE ROBINSON @ WASHPOST – THE ST. LOUIS DOCKS AGAIN AT OUR SOUTHERN BORDER — TRUMP, SESSIONS & CO. WANT THE US TO FAIL THE MORAL TEST AGAIN – But, This Time It’s Anti-Hispanic Racism, Rather Than Anti-Semitism Behind Our Government’s Intentional Immorality — Trump & Sessions “are sincere in their desire to stanch the flow of Latino immigration — not, I strongly suspect, because of drugs or crime, but because they loathe the demographic and cultural change that is taking place.”

https://www.washingtonpost.com/opinions/the-immigrant-caravan-is-a-test-trump-wants-us-to-fail/2018/04/30/124b975c-4cb4-11e8-84a0-458a1aa9ac0a_story.html?noredirect=on&utm_term=.72fbc5bc8d11

The immigrant ‘caravan’ is a test. Trump wants us to fail.

The “caravan” of asylum-seeking migrants that has finally arrived at the U.S.-Mexico border is a test of American character and purpose — a test President Trump wants us to fail.

I put caravan in quotation marks because the group that reached Tijuana hardly qualifies for the term. Just a few dozen would-be entrants presented themselves at the Port of San Ysidro on Sunday — only to be told that U.S. immigration officials were too busy to attend to them. Another several hundred were reported to be in the general area, waiting their turn to attempt to cross the border.

Trump has spoken of these people as if they were some kind of rampaging horde. Attorney General Jeff Sessions has accused them of “a deliberate attempt to undermine our laws and overwhelm our system.” The truth is that this sort of thing happens every year: Would-be migrants seek safety in numbers as they make the long and perilous trek north through Mexico.

Sessions probably understands this context; Trump probably doesn’t. But I believe both are sincere in their desire to stanch the flow of Latino immigration — not, I strongly suspect, because of drugs or crime, but because they loathe the demographic and cultural change that is taking place.

While he and his administration were being appropriately roasted at the White House Correspondents’ Associationdinner on Saturday evening, Trump was at a rally in Michigan saying that our immigration laws are “corrupt . . . so corrupt” and that the motives of those who defend our nation’s traditional role as a haven for asylum seekers are political. “The Democrats actually feel, and they are probably right, that all of these people that are pouring across are going to vote for Democrats, they’re not going to vote for Republicans.”

They’re not going to vote for anybody, of course, since they’re not citizens. Truth doesn’t matter to Trump. But you knew that.

What seems to really drive the president crazy is that the United States remains a haven for those fleeing persecution. Trump laid out his complaint Saturday: “If a person puts their foot over the line, we have to take them into our country, we have to register them. We then have to ask them a couple of questions. Lawyers are telling them what to say. How unsafe they are. And once they say that, we have to let them go, to come back to court in like a year. Only one problem: They don’t come back, okay. That’s the end. Welcome to the United States.”

You will have noticed that missing from Trump’s rant is any sense of morality or mission.

There is a reason the law makes provision for those seeking asylum. In 1939, Congress rejected a bill that would have admitted 20,000 German Jewish children. Later that year, authorities refused to allow the St. Louis, a ship carrying about 900 German Jews, to dock in Miami; the Coast Guard sent out patrol boats to warn the ship away. The St. Louis was forced to return to Europe, and 254 of its passengers later perished during the Holocaust.

That shameful history led to changes in immigration policy that prohibit rejecting claims of asylum out of hand. The bar is high, but many of the Central American asylum seekers probably clear it.

In El Salvador, Honduras and Guatemala, the major threat comes from rampant gang violence. Boys are often offered a stark choice: Join a gang or be killed. Girls are threatened with rape. It is easy to say this is a problem local elected officials and police ought to solve, but government institutions are weak, and corruption is widespread. What choice does a family under imminent threat have but to flee? What would you do?

It is of course true that not every Central American who asks for asylum truly merits it. That’s why each case is examined and evaluated, with all the time needed to reach a proper determination — which is how the migrants now at the border must be handled, despite what Trump and Sessions might prefer.

To close our eyes and hearts to legitimate claims of persecution would be to repeat the shameful and tragic mistakes of the World War II era. If the subjects of Trump’s demagoguery were summarily denied entry, as he apparently would like, most would be forced to go home and some would be killed. That would be a terrible stain on the nation’s conscience.

I’m tempted to add that it would be a stain on Trump’s conscience as well, but it’s not clear that he has one.

Read more from Eugene Robinson’s archive, follow him on Twitter or subscribe to his updates on Facebook. You can also join him Tuesdays at 1 p.m. for a live Q&A.

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

I remember walking through the “St. Louis Exhibit” at the Holocaust Museum (on an EOIR-sponsored tour, no less, for a long ago and far away Annual Judges Conference — my how official racism & xenophobia have changed things) and asking myself how we could have done that to our fellow human beings.

Then, we had a “special session” explaining the catastrophic failure and cowardice of the German Judiciary during the Nazi rise to power. Judge after judge “adhered to the rule of law” even when those laws unfairly disenfranchised Jews, deprived them of their properly and lawful occupations, and eventually sentenced them to mass death!

I’ve now come to the unhappy realization that the St. Louis might have represented the norm, rather than the exception, to the reality of American democracy and its serious anti-Semitic and racially biased undertones. And, the actions of the corrupt & cowardly German judges of that era are certainly what Trump, Sessions, and their cronies are referring to when they disingenuously pontificate about “the rule of law” and looking for judges, Government officials, and lawyers who are committed to applying it in a biased and one-sided fashion

It’s their rule of law, as they consistently misconstrue it to protect only their favored political and racial groups, and misuse it “punish enemies” and to carry our their increasingly racist, White Nationalist agenda.

And yet 40% of our fellow countrymen are enthusiastically supportive of this heinous agenda. What’s wrong with them? Why ask ourselves how Nazism could have overtaken Germany when we’re in the process of trying to repeat that sordid history here? It’s pretty easy to see Hitler rallies of the 1930s in the Trump rallies of today. The same vicious disregard of both the truth and humanity, scapegoating, and an attacks on the true rule of law and on those who stand up for democracy, all wrapped in an appeal to false religious nationalism! 

We’re failing as a nation on both a moral and a legal basis. It remains to be seen whether the resistance to Trump, his supporters, and his enablers will be sufficient to preserve democracy and human decency in America.

PWS

05-01-18

RACISM IN AMERICA: WILL YOU OR YOUR FAMILY BE NEXT IN THE “NEW AMERICAN GULAG?” — Think It Can’t Happen Because You Are A US Citizen? — Guess Again! — DHS Has Detained Nearly 1,500 Citizens, & They Are Largely Indifferent To The Problem! Of Course It Will Get Worse Under Trump, Unless You’re A “White Guy!”

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=8d20e42e-cd60-4330-b0f1-f808600e59b5

Paige St. John & Joel Rubin report for the LA Times;

Immigration officers in the United States operate under a cardinal rule: Keep your hands off Americans. But Immigration and Customs Enforcement agents repeatedly target U.S. citizens for deportation by mistake, making wrongful arrests based on incomplete government records, bad data and lax investigations, according to a Times review of federal lawsuits, internal ICE documents and interviews.

Since 2012, ICE has released from its custody more than 1,480 people after investigating their citizenship claims, according to agency figures. And a Times review of Department of Justice records and interviews with immigration attorneys uncovered hundreds of additional cases in the country’s immigration courts in which people were forced to prove they are Americans and sometimes spent months or even years in detention.

Victims include a landscaper snatched in a Home Depot parking lot in Rialto and held for days despite his son’s attempts to show agents the man’s U.S. passport; a New York resident locked up for more than three years fighting deportation efforts after a federal agent mistook his father for someone who wasn’t a U.S. citizen; and a Rhode Island housekeeper mistakenly targeted twice, resulting in her spending a night in prison the second time even though her husband had brought her U.S. passport to a court hearing.

They and others described the panic and feeling of powerlessness that set in as agents took them into custody without explanation and ignored their claims of citizenship.

The wrongful arrests account for a small fraction of the more than 100,000 arrests ICE makes each year, and it’s unclear whether the Trump administration’s aggressive push to increase deportations will lead to more mistakes. But the detentions of U.S. citizens amount to an unsettling type of collateral damage in the government’s effort to remove undocumented or unwanted immigrants.

The errors reveal flaws in the way ICE identifies people for deportation, including its reliance on databases that are incomplete and plagued by mistakes. The wrongful arrests also highlight a presumption that pervades U.S. immigration agencies and courts that those born outside the United States are not here legally unless electronic records show otherwise. And when mistakes are not quickly remedied, citizens are forced into an immigration court system where they must fight to prove they should not be removed from the country, often without the help of an attorney.

The Times found that the two groups most vulnerable to becoming mistaken ICE targets are the children of immigrants and citizens born outside the country.

Matthew Albence, the head of ICE’s Enforcement and Removal Operations, declined to be interviewed but said in a written statement that investigating citizen claims can be a complex task involving searches of electronic and paper records as well as personal interviews. He said ICE updates records when errors are found and agents arrest only those they have probable cause to suspect are eligible for deportation.

“U.S. Immigration and Customs Enforcement takes very seriously any and all assertions that an individual detained in its custody may be a U.S. citizen,” he said.

But The Times’ review of federal documents and lawsuits turned up cases in which Americans were arrested based on mistakes or cursory ICE investigations and some who were repeatedly targeted because the government failed to update its records. Immigration lawyers said federal agents rarely conduct interviews before making arrests and getting ICE to correct its records is difficult.

. . . .

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

Read the complete, very scary, story at the link.

Just more support for my position that DHS should not be given any additional agent positions until they account for how they are using (and in too many cases misusing) their current positions. If there is anything that the Trumpsters have clearly shown it’s their total disdain for the Constitution and laws of the U.S. except as they might advance and protect the parochial interests of Trump and his supporters.

There is little doubt that the Trump/Sessions/Miller/Homan crew see DHS as “Internal Security Police” — largely beyond anyone’s control — that they will use for partisan political purposes. The case for the ultimate abolition of ICE in its current form and leadership looks stronger all the time.

And, as usual these days, Congress is AWOL while this Administration undermines American democracy.

Now, a REAL Attorney General might be concerned about getting to the bottom of this lawless behavior affecting the rights of U.S. citizens. But, White Nationalist Jeff Sessions is too busy creating false narratives, demonizing immigrants, and undermining the rights of Hispanic Americans, LGBTQ Americans, and African-Americans to be bothered with fundamental violations of Constitutional rights particularly where the victims aren’t White Guys. Jim Crow lives! And all of us should be worried about where he will strike next.

PWS

04-29-18

HON. BRUCE J. EINHORN IN WASHPOST: SESSIONS’S BLATANT ATTEMPT TO INTIMIDATE U.S. IMMIGRATION JUDGES TO DEPORT INDIVIDUALS IN VIOLATION OF DUE PROCESS SHOWS A SYSTEM THAT HAS HIT ROCK BOTTOM! — Are There Any “Adults” Out There In Congress Or The Article III Courts With The Guts To Stand Up & Put An End To This Perversion Of American Justice? — “Due process requires judges free of political influence. Assembly-line justice is no justice at all.”

https://www.washingtonpost.com/opinions/jeff-sessions-wants-to-bribe-judges-to-do-his-bidding/2018/04/05/fd4bdc48-390a-11e8-acd5-35eac230e514_story.html?utm_term=.770822e8f813

My former colleague Judge Bruce J. Einhorn writes in the Washington Post:

Bruce J. Einhorn, an adjunct professor of immigration, asylum and refugee law at Pepperdine University, served as a U.S. immigration judge from 1990 to 2007.
It’s a principle that has been a hallmark of our legal culture: The president shouldn’t be able to tell judges what to do.
No longer. The Trump administration is intent on imposing a quota system on federal immigration judges, tying their evaluations to the number of cases they decide in a year. This is an affront to judicial independence and the due process of law.
I served as a U.S. immigration judge in Los Angeles for 17 years, presiding over cases brought against foreign-born noncitizens who Immigration and Customs Enforcement officers believed were in this country illegally and should thus be removed. My responsibility included hearing both ICE’s claims and the claims from respondents for relief from removal, which sometimes included asylum from persecution and torture.
As a judge, I swore to follow the Fifth Amendment of the U.S. Constitution, which guarantees that “no person” (not “no citizen”) is deprived of due process of law. Accordingly, I was obliged to conduct hearings that guaranteed respondents a full and reasonable opportunity on all issues raised against them.
My decisions and the manner in which I conducted hearings were subject to review before the U.S. Board of Immigration Appeals and U.S. courts of appeals. At no time was my judicial behavior subject to evaluation based on how quickly I completed hearings and decided cases. Although my colleagues on the bench and I valued efficiency, the most critical considerations were fairness, thoroughness and adherence to the Fifth Amendment. If our nativist president and his lapdog of an attorney general, Jeff Sessions, have their way, those most critical considerations will become a relic of justice.
Under the Trump-Sessions plan, each immigration judge, regardless of the nature and scope of proceedings assigned to him or her, will be required to complete 700 cases in a year to qualify for a “satisfactory” performance rating. It follows that only judges who complete more, perhaps many more, than 700 cases per year will qualify for a higher performance rating and, with it, a possible raise in pay.
Essentially, the administration’s plan is to bribe judges to hear and complete more cases regardless of their substance and complexity, with the corollary that judges who defy the quota imposed on them will be regarded as substandard and subject to penalties. The plan should be seen for what it is: an attempt to undermine judicial independence and compel immigration judges to look over their shoulders to make sure that the administration is smiling at them.
This is a genuine threat to the independence of the immigration bench. While Article III of the Constitution guarantees the complete independence of the federal district courts and courts of appeal, immigration judges are part of the executive branch. Notwithstanding the right of immigration judges to hear and decide cases as they believe they should under immigration law, they are unprotected from financial extortion and not-so-veiled political intimidation under the U.S. Administrative Procedure Actor any regulations.
Moreover, federal laws do not guarantee respondents in removal hearings a right to counsel, and a majority of those in such hearings are compelled to represent themselves before immigration judges, regardless of the complexity of their cases. Those who lack representation in removal hearings typically cannot afford it, and the funds to help legal aid organizations fill in for private attorneys are nowhere to be found.
Hearings in which respondents proceed pro se, or unrepresented, are often the most challenging and time-consuming for immigration judges, who must take care to assure that the procedural rights of those facing possible removal are protected and to guarantee that inarticulate relief claims are fully considered.
The Trump administration’s intention is clear: to intimidate supposedly independent judges to expedite cases, even if it undermines fairness — as will certainly be the case for pro se respondents. Every immigration judge knows that in general, it takes longer to consider and rule in favor of relief for a respondent than it does to agree with ICE and order deportation. The administration wants to use quotas to make immigration judges more an arm of ICE than independent adjudicators.
In my many years on the immigration bench, I learned that repressive nations had one thing in common: a lack of an independent judiciary. Due process requires judges free of political influence. Assembly-line justice is no justice at all.
************************************
Thanks, Bruce for speaking out so forcefully, articulately, and truthfully!
Jeff Sessions is a grotesque affront to the U.S. Constitution, the rule of law, American values, and human decency. Every day that he remains in office is a threat to our democracy. There could be no better evidence of why we need an independent Article I U.S. Immigration Court!

Due Process Forever! Jeff Sessions Never! Join the New Due Process Army Now! The fight must go on until Sessions and his toxic “21st Century Jim Crows” are defeated, and the U.S. Immigration Courts finally are forced to deliver on the betrayed promise of “guaranteeing fairness and due process for all.” Harm to the most vulnerable among us is harm to all!

PWS

04-05-18

 

FACED WITH PREDICTABLE FAILURES OF “GONZO” IMMIGRATION POLICIES, TRUMP DOUBLES DOWN ON RACISM — “Browning Of America,” Hispanic Americans, Real Targets Of The “New Jim Crow!”

https://www.washingtonpost.com/opinions/trump-is-hoping-youre-too-stupid-to-notice/2018/04/02/b20a6e9a-36a6-11e8-8fd2-49fe3c675a89_story.html

Eugene Robinson writes in WashPost:

. . . .

Leaving aside Trump’s rather Germanic approach to capitalization, that tweet is an occasion to paraphrase Mary McCarthy’s famous quip about Lillian Hellman: Virtually every word is a lie, including “and” and “the.” Democrats repeatedly offered to deal on DACA, as did Trump. No newcomers could possibly “get onto the DACA bandwagon,” because only immigrants who were brought here before 2007 were eligible. And immigrants are less likely to commit crimes than native-born citizens.

Why such a frenzy of untruth? Because Trump apparently sees anger building among his most fervent supporters over his utter failure to deliver on what they understood as his central campaign promise: to halt or reverse the flow of Latino immigration and the “browning” of America.

That’s what this is really about. On the emotional level, Trump appealed to white Anglo chauvinism. He skillfully stoked the anger and resentment of those who are annoyed when they phone the electric company to straighten out a bill and are told to press 1 for English, press 2 for Spanish. When he writes things like “our country is being stolen,” it’s crystal-clear who’s supposed to be stealing it.

What I didn’t realize during the campaign was that Trump’s base realized he could never fulfill his absurd pledge to deport all of the estimated 11 million people who are here without papers. But his supporters did expect him to do something to stem what they see as an invasion — something concrete and unambiguous. Like the promised wall.

. . . .

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

Read Robinson’s complete article at the link.

White nationalism, racism, voter suppression, environmental destruction, rewarding fat cats, punishing ordinary folks and “enemies,” unnecessary trade wars, loss of international standing and leverage, destruction of honest government, war on public education, lies, immorality, greed, unethical behavior, those are what Trump and today’s sick GOP stand for. And that’s what the folks who continue to support this parody of a President and mockery of humane American values are aligning themselves with.

This is a time when the lines between human decency — the right side of history —  and all the “worst things about America” — the wrong side of history — have clearly been drawn. I wonder what Dr. King would think if he were still living?

PWS

04-03-18

 

 

LAST WEEK TONIGHT: John Oliver “Shreds The Feds” — Exposes Parody Of Justice & Due Process In U.S. Immigration Courts – With Guest Appearances By Retired Judges John Gossart & Me & Judge Dana Marks – Also Featuring “Gonzo Apocalypto “ As “The Fourth Horseman Of The Apocalypse” & “Tot Court” As Perhaps The Second Worst Court In America After The US Immigration Courts — Listen To An Actual Recording Of An Immigration Judge Misapplying Protection Law in A 4-Question, 1 Min. 43 Sec. “Kangaroo Court” Hearing Resulting In An Assault At Gunpoint!

Here’s the video:

https://www.huffingtonpost.com/entry/john-oliver-immigration-court_us_5ac1c6c7e4b0f112dc9d6582

The tragedy is that bad as this sounds, the reality of what’s going on every day in this broken, failed, and disingenuous system is probably much worse than what’s portrayed here.

Yup, we can all chuckle at others’ misfortune. But, if Trump, Sessions, and the White Nationalist restrictionist crowd aren’t removed from office, this will be how all of our rights are treated. Someday, all of us are going to need to rely on our Constitutional rights. And, if Trump & Sessions have their way, you’ll be longing for the “Kiddie Court” rather than the travesty that’s being called “Due Process” in our Immigration Courts.

Harm to the most vulnerable among us is harm to all. Join the New Due Process Army and fight for the real America! Due Process Forever! Trump & Sessions Never!

PWS

04-02-18

 

🏀🏀FINAL FOUR RETRO: Back When Kareem Abdul-Jabbar Was Still Known As Lew Alcindor, He Was So Incredibly Great That The White Guys Who Ran The NCAA Changed The Rules To Stop Him — It Just Made Him Even Better! – And, He Never Was Afraid To Stand Up For Black America!

https://theundefeated.com/features/lew-alcindor-kareem-abdul-jabbar-ucla-boycot-1968-olympics/

Johnny Smith reports for theundefeated.com:

Kareem Abdul-Jabbar is known as one of the greatest basketball players in history. During his 20-year professional career with the Milwaukee Bucks and Los Angeles Lakers, he appeared in 19 All-Star Games, won six championships and collected six MVP awards. In retirement, he has become a prominent cultural commentator and writer, a leading voice on the intersection between sports and politics. Recently, he published a memoir about his collegiate career at UCLA, Coach Wooden and Me: Our 50-Year Friendship On and Off the Court.

Fifty years ago he was the most dominant college basketball player America had ever seen. Between 1967 and 1969, he led UCLA to three consecutive national titles and an 88-2 record. Yet, his legacy transcends the game; in the age of Black Power, he redefined the political role of black college athletes. In 1968, when black collegians debated boycotting the Olympics, Lew Alcindor, as he was then still known, emerged as the most prominent face in the revolt on campus.

Why did Alcindor refuse to play in the Olympics? To answer that question we have to return to Harlem, New York, in July 1964, the first of many long, hot summers.


HARLEM, 1964

Basketball player Kareem Abdul-Jabbar (center), then Lew Alcindor, speaks at a news conference at the Power Memorial High School gymnasium in New York City.

DON HOGAN CHARLES/NEW YORK TIMES CO./GETTY IMAGES

The death of James Powell, a 15-year-old black youth from the Bronx, outraged Alcindor. On a sweltering July day in 1964, outside an apartment building on Manhattan’s Upper East Side, Lt. Thomas Gilligan, a white off-duty cop, shot and killed James, piercing the ninth-grader’s chest with a bullet from a .38 revolver. Conflicting accounts grayed a story that many saw in black and white. Gilligan, a 37-year-old war veteran, claimed that James charged at him with a knife, but bystanders insisted that James was unarmed.

Two nights later, on July 18, in the heart of Harlem, a peaceful rally organized by the Congress of Racial Equality (CORE) turned into a march against police brutality. Demanding justice for Powell, hundreds of demonstrators surrounded the 123rd Street precinct, some threatening to tear the building apart “brick by brick.” Incensed by decades of racial profiling and violent policing, the angry crowd began hurling rocks and bottles at officers. Suddenly, a scuffle broke out and the cops rushed the protesters, cracking their nightsticks against a swarm of black bodies. In a matter of minutes, violence spread through Harlem like a grease fire in a packed tenement kitchen.

That same night, Alcindor, an extremely tall, rail-thin 17-year-old, emerged from the 125th Street subway station, planning to investigate the CORE rally. Climbing up the steps toward the street, he could smell smoke coming from burning buildings. Angry young black men took to the streets and tossed bricks and Molotov cocktails through store windows. Looters grabbed radios, jewelry, food and guns. The sound of gunshots rang like firecrackers. Trembling with fear, Alcindor worried that his size and skin color made him an easy target for an angry cop with an itchy trigger finger. Sprinting home, all he could think about was that at any moment a stray bullet could strike him down.

“Right then and there, I knew who I was, who I had to be. I was going to be black rage personified, Black Power in the flesh.”

For six days, Harlem and Bedford-Stuyvesant burned. The “Harlem race riots” resulted in 465 arrests, hundreds of injuries and one death. When the smoke cleared, Martin Luther King Jr. visited New York and encouraged black residents to demonstrate peacefully. But Alcindor, like many black youths, had grown impatient with King’s pleas for nonviolence and began questioning the direction of the civil rights movement. That summer, writing for the Harlem Youth Action Project newspaper, he interviewed black citizens who were tired of segregated schools, dilapidated housing, employment discrimination and wanton police violence.

The Harlem uprising fueled his anger toward white America and convinced him more than ever that he had to turn his rage into action. “Right then and there, I knew who I was, who I had to be,” he said a few years later. “I was going to be black rage personified, Black Power in the flesh.” Silence was no longer an option. In the future, he vowed, he would speak his mind.

. . . .

A few days after UCLA beat Dayton for the national title, the NCAA’s National Basketball Committee banned the dunk. The committee argued that too many players got injured stuffing the ball through the hoop or trying to block a player attacking the basket. Coaches were concerned, too, about players breaking backboards and bending rims. Curiously, the committee also claimed, “There is no defense against the dunk, which upsets the balance between offense and defense.” But the truth was that Alcindor threatened the sport’s competitive balance. He upset the balance between offense and defense.

Immediately, critics deemed the dunk ban the “Alcindor rule.” In a time of white backlash against black advancement, the UCLA star interpreted the rule through the lens of race. He could not help but feel like the lily-white committee had targeted him. “To me the new ‘no-dunk’ rule smacks a little of discrimination,” he told the Chicago Defender. “When you look at it … most of the people who dunk are black athletes.

. . . .

Not even the dunk ban could stop Alcindor from dominating the game. In fact, the new restriction made him even better. It forced him to expand his offensive arsenal and develop a devastating signature move: the “skyhook.”

He made it look so easy. With the cool confidence of Miles Davis, Alcindor transformed his game. The skyhook became an innovative expression of individuality and empowerment, a reflection of his intelligence and creativity, an active mind that could see the ball falling through the net like a raindrop the moment the leather sphere touched his fingertips. Over and over again, he pivoted toward the basket, extended his arm toward the sky and gracefully flipped the ball over the outstretched arms of any player who dared to guard him. “Of all the weapons in sports,” Sports Illustrated’s Gary Smith wrote of his skyhook, “none has ever been more dependable or unstoppable, less vulnerable to time, than that little stride, turn, hop and flick from far above his head.”

CLEVELAND, 1967

On June 4, 1967, at 105-15 Euclid Ave. in Cleveland, a collection of some of the top black athletes in the country met with — and eventually held a news conference in support of — world heavyweight boxing champion Muhammad Ali (front row, second from left), about Ali’s refusal to be drafted into the U.S. Army in 1967. News conference shows (front row) Bill Russell, Boston Celtics; Ali; Jim Brown and Lew Alcindor. Back row (left to right): Carl Stokes, Democratic state representative; Walter Beach, Cleveland Browns; Bobby Mitchell, Washington Redskins; Sid Williams, Cleveland Browns; Curtis McClinton, Kansas City Chiefs; Willie Davis, Green Bay Packers; Jim Shorter, former Brown; and John Wooten, Cleveland Browns.

BETTMAN/GETTY IMAGES

Alcindor refused to let the white world define him as a basketball player and as a man. He no longer considered himself a “Negro.” He was black and proud. As he became more politically self-aware, he identified with the most successful, outspoken black professional athletes in America: Muhammad Ali, Bill Russell and Jim Brown. He admired their political activism and their courage to confront white supremacy.

. . . .

Alcindor suddenly found himself at the center of a national controversy. Critics called him a disgrace, unpatriotic and much worse. If he did not play for the U.S. Olympic team, then UCLA should revoke his scholarship, they charged. Many white Americans opposed the boycott because they believed that sports were meritocratic and immune to racism. But their objections also revealed discomfort with assertive black athletes who challenged the power structure of American sports, a plantation culture that valued black bodies more than black minds. New York Times columnist Arthur Daley couldn’t imagine Alcindor thinking for himself and suggested that Edwards was exploiting the UCLA star’s fame for personal gain. “I think that charge is sheer idiocy,” Edwards told the San Jose Mercury News. “How can you manipulate anybody like Lew Alcindor?”

But Alcindor was his own man, and his revolt emanated from the deep history of African-American activism and the burgeoning Black Power movement on campus. What the sports establishment failed to recognize was that his experience in Harlem, his identification with Malcolm X and his connection to Ali had transformed the way he viewed protest, patriotism and American sports. How could he stay silent while police brutality, poverty and prejudice afflicted the black community? How could anyone expect him to represent the United States when the moment he confronted the nation’s racism bigots deluged him with hate mail and death threats? How could they expect him to love America when America didn’t love him back?

NEW YORK, 1968

Kareem Abdul-Jabbar, then Lew Alcindor, sits on the bench at the UCLA-Holy Cross game at Madison Square Garden in New York City in 1968.

BARTON SILVERMAN/NEW YORK TIMES CO./GETTY IMAGES

Alcindor had made up his mind. He wouldn’t play for the USA. Although the boycott movement lacked widespread support and ultimately stalled, he and his UCLA teammates Mike Warren and Lucius Allen refused to attend the Olympic trials. His explanation, however, complicated his image as a Black Power hero. Alcindor said that if he participated, then he would miss class and delay his graduation, which was true, but only part of his rationale. He also told a reporter from Life magazine that he and his UCLA teammates “don’t want to get caught in the middle of anything.” He had principles, but discussing them publicly only brought more stress. It was much easier to distance himself from Edwards and the OPHR.

“Yeah, I live here, but it’s not really my country.”

In the summer of 1968, he worked for Operation Sports Rescue, a youth program in New York City. Leading basketball clinics, Alcindor mentored African-American and Puerto Rican youths, encouraging them to get an education. In July, he appeared on NBC’s Today show to promote the program. Co-host Joe Garagiola, a former professional baseball player, began the interview by asking Alcindor why he refused to play in the Olympics. During a heated exchange, Alcindor said, “Yeah, I live here, but it’s not really my country.” Then Garagiola retorted, “Well, then, there’s only one solution, maybe you should move.” It was a common reply among white Americans who demanded accommodation and gratitude from black athletes — a refrain that still exists today.

Alcindor’s comments echoed Malcolm X, who said, “Being born here in America doesn’t make you an American.” If black people were Americans, he argued, then they wouldn’t need civil rights legislation or constitutional amendments for protection. Alcindor recognized that while he was fortunate because of his basketball ability, he couldn’t celebrate his privileged status as long as racial inequality persisted. Only when black citizens enjoyed true freedom could he call America his country.

Although we remember the 1968 Olympics for John Carlos and Tommie Smith’s demonstration on the victory stand, Alcindor was the most famous athlete who avoided the games. More than any other college basketball player, he defined his times, proving also that black athletes could speak their minds and win. No one could tell him to shut up and dribble.

Professor is the Julius C. “Bud” Shaw Professor of Sports, Society, and Technology and an Assistant Professor of History at Georgia Tech. His research focuses on the history of sports and American culture. He is an author whose books include “The Sons of Westwood: John Wooden, UCLA, and the Dynasty That Changed College Basketball,” which explores the emergence of college basketball as a national pastime and the political conflicts in college athletics during the 1960s and 1970s.

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Read Professor Smith’s full article at the link. Not only is Kareem one of the greatest basketball players ever, but he has established himself as an informed, articulate, and committed social commentator. I never saw Kareem play in person during his days with the Milwaukee Bucks. But, Cathy and I once were fortunate enough to see him “live” as a contestant on “Celebrity Jeopardy” at DAR Constitution Hall in Washington DC, ironically a venue where he once would not have been welcome.

PWS

03-31-18

 

CHRIS HAYES @ NYT: “RULE OF LAW” IS A RACIST CODE USED BY TRUMP, SESSIONS, & THE GOP!

https://www.nytimes.com/2018/03/17/opinion/sunday/chris-hayes-trump-law-order.html

Hayes writes:

Donald Trump is not subtle. While normal political language functions through implication and indirection, Mr. Trump luxuriates in saying the quiet part loud. But in doing so, Mr. Trump exposes what drives the politics of the movement he commands. That is most evident in the way he talks about crime and punishment.
No president since Richard Nixon has embraced the weaponized rhetoric of “law and order” as avidly as Mr. Trump. “When I take the oath of office next year, I will restore law and order to our country,” he said during his acceptance speech at the Republican National Convention in 2016. “I will work with, and appoint, the best prosecutors and law enforcement officials in the country to get the job properly done. In this race for the White House, I am the law and order candidate.”
Time and again, the president denounces “illegals” and “criminals” and the “American carnage” they wreak on law-abiding Americans. He even advised an audience of police officers to rough up suspects they were arresting.
Yet this tough-guy stance disappears when the accused are in the president’s inner circle. In defending Rob Porter, the White House senior aide accused of abuse by both of his ex-wives, the president wondered whatever happened to due process while praising a man accused of giving his wife a black eye. (Mr. Porter denies the abuse.)
It’s no surprise that Mr. Trump’s critics pounced. Where was this concern for due process, they asked, when the president and his supporters chanted “Lock her up” about Hillary Clinton, who hadn’t even been formally accused of a crime? Where was his devotion to due process when he called for the Central Park Five to be executed, and then, after their exoneration, still maintained that they were guilty?
As tempting as it is to hammer Mr. Trump for his epic hypocrisy, it is a mistake. The president’s boundless benefit of the doubt for the Rob Porters and Roy Moores of the world, combined with off-with-their-heads capriciousness for immigrants accused of even minor crimes, is not a contradiction. It is the expression of a consistent worldview that he campaigned on and has pursued in office.
In this view, crime is not defined by a specific offense. Crime is defined by who commits it. If a young black man grabs a white woman by the crotch, he’s a thug and deserves to be roughed up by police officers. But if Donald Trump grabs a white woman by the crotch in a nightclub (as he’s accused of doing, and denies), it’s locker-room high jinks.
This view is also expressed by many of the president’s staff members, supporters and prominent allies. During the same week that the White House chief of staff, John Kelly, repeatedly vouched for Rob Porter’s integrity, Mr. Kelly also mused that hundreds of thousands of unauthorized immigrants who did not fill out the paperwork for DACA protections had refused to “get off their asses.”
A political movement that rails against “immigrant crime” while defending alleged abusers and child molesters is one that has stopped pretending to have any universalist aspirations.
This is the opposite of what we like to tell ourselves is the traditional American civic creed: one symbolized by a blindfolded Lady Justice who applies the law without fear or favor to whoever may come before her. It is one of Mr. Trump’s most insidious victories that he has given his supporters permission to drop any pretense of insisting that their actions and views should conform to this principle.
If all that matters when it comes to “law and order” is who is a friend and who is an enemy, and if friends are white and enemies are black or Latino or in the wrong party, then the rhetoric around crime and punishment stops being about justice and is merely about power and corruption.
And this is what “law and order” means: the preservation of a certain social order, not the rule of law. It shouldn’t have taken this long to see what has always been staring us in the face. After all, the last president to focus so intensely on law and order, Richard Nixon, the man who helped usher in mass incarceration, was also the most infamous criminal to occupy the Oval Office. The history of the United States is the story of a struggle between the desire to establish certain universal rights and the countervailing desire to preserve a particular social order.
We are now witnessing a president who wholly embraces the latter. America can have that kind of social order, or it can have justice for all. But it can’t have both.
Follow The New York Times Opinion section on Facebook and Twitter (@NYTopinion), and sign up for the Opinion Today newsletter.
Chris Hayes (@chrislhayes) is host of “All In with Chris Hayes” on MSNBC and the author of “A Colony in a Nation.”

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Yup. Probably the most lawless Administration in history, certainly in my lifetime, disingenuously throws around the term “Rule of Law” all the time.

“The president’s moral framework springs from an American tradition of cultivating fear and contempt among its white citizens against immigrants, indigenous people and people of color, who are placed on the other side of “the law.” It’s a practice that has taken on new strength at a time when many white people fear they may be outnumbered, outvoted and out of time.”

But, the good news is that those of us who actually believe in the “REAL Rule of Law” can unite and stand up to Trump, Sessions, Miller and the racist, White Nationalist movement. When we succeed, the “REAL Rule of Law” will actually be available to Trump and his followers on an equal basis with everyone else. And, for many of them, the fair application of the law to everyone in America, as required by the Due Process clause of our Constitution, could be bad news! Let the chips fall where they may.  

PWS

03-19-18

Sean McElwee @ The Nation – WHY ICE MUST GO! — A Radical Idea Whose Time Has Come! — “Next to death, being stripped from your home, family, and community is the worst fate that can be inflicted on a human, as many societies practicing banishment have recognized. It’s time to rein in the greatest threat we face: an unaccountable strike force executing a campaign of ethnic cleansing.”

https://www.thenation.com/article/its-time-to-abolish-ice/

McElwee writes:

. . . .

The call to abolish ICE is, above all, a demand for the Democratic Party to begin seriously resisting an unbridled white-supremacist surveillance state that it had a hand in creating. Though the party has moved left on core issues from reproductive rights to single-payer health care, it’s time for progressives to put forward a demand that deportation be taken not as the norm but rather as a disturbing indicator of authoritarianism.

White supremacy can no longer be the center of the immigration debate. Democrats have voted to fully fund ICE with limited fanfare, because in the American immigration discussion, the right-wing position is the center and the left has no voice. There has been disturbing word fatigue around “mass deportation,” and the threat of deportation is so often taken lightly that many have lost the ability to conceptualize what it means. Next to death, being stripped from your home, family, and community is the worst fate that can be inflicted on a human, as many societies practicing banishment have recognized. It’s time to rein in the greatest threat we face: an unaccountable strike force executing a campaign of ethnic cleansing.

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Read the rest of McElwee’s well-written and very provocative article at the link.

Not going to happen! Yet the out of control misconduct by ICE and its leadership during this Administration certainly helps McElwee make a powerful moral, if not practical political, case for elimination. Definitely worth a read.

PWS

03-13-18

US DISTRICT JUDGE ROGER W. TITUS IN MD REJECTS DACA CHALLENGE — Basically Finds Rescission Dumb But Legal, While Barring DHS From Using DACA Info In Removal Proceedings — Casa de Maryland v. DHS

Casa de Maryland v. DHS, D. MD., 03-05-18, Judge Roger W. Titus

While the Administration and right-leaning media are touting this as a  “smashing victory” here’s what District Judge Titus really said:

  • The original Obama Administration DACA program was an exercise of prosecutorial discretion on which reasonable minds can differ as to its legality.
  • The Trump Administration had discretion either to continue the DACA program or not as an exercise of prosecutorial discretion.
  • The decision by the Administration to phase out DACA was subject to judicial review and the plaintiffs had standing to challenge it.
  • The DHS’s decision to phase out DACA upon receiving an opinion from Attorney General Sessions that it might well be held illegal in a threatened court action was reasonable.
  • The sometimes ill-advised and inflammatory statements by President Trump were not relevant to the basis for termination of DACA.
  • Although Judge Titus personally would have chosen a different policy approach from that of the Administration, under Constitutional separation of powers that policy decision was vested in the Executive and Congress, not the Courts, and the Administration had acted reasonably in this case.
  • The DHS is estopped from using information gathered during the DACA application process against individuals in Removal Proceedings except if “the Government needs to make use of an individual Dreamer’s information for national security or some purpose implicating public safety or public interest, the Government may petition the Court for permission to do so on a case-by-case basis with in camera review.”

Judge Titus’s decision actually more or less undermines the Administration’s frequent claims that DACA was “illegal” and that the Administration had “no choice” but to terminate it. Rather, the court held that legitimate unresolved questions had been raised about the DACA program’s legality and that in the face of those questions the Administration’s choice to proceed with a phased termination rather than trying to defend DACA in court was reasonable.

Additionally, as I had predicted, the court was unwilling to allow DHS to use DACA information against the individuals in Removal Proceedings. While this aspect of the case was :”under the radar” in most reports, it could well be another major practical/legal roadblock to the Administration’s actually removing many DACA recipients even if the injunctions against DACA termination eventually are lifted.

Here’s a “KEY QUOTE” from Judge Titus’s decision:

“The result of this case is not one that this Court would choose if it were a member of a different branch of our government. An overwhelming percentage of Americans support protections for “Dreamers,” yet it is not the province of the judiciary to provide legislative or executive actions when those entrusted with those responsibilities fail to act. As Justice Gorsuch noted during his confirmation hearing, “a judge who likes every outcome he reaches is probably a pretty bad judge, stretching for the policy results he prefers rather than those the law compels.”

This Court does not like the outcome of this case, but is constrained by its constitutionally limited role to the result that it has reached. Hopefully, the Congress and the President will finally get their job done.”

In other words, the decision to rescind DACA was “dumb but legal.” Hardly the ringing endorsement that the Trumpsters claim. What this case actually did is to vindicate their right to make bad policy decisions. Ultimately, the remedy for that type of poor governance is at the ballot box.

Here’s the full decision in Casa de Maryland v. DHS so you can judge for yourself:

JudgeTitusDACAOp

PWS

03-06-18

 

GONZO’S WORLD: TRUMP & SESSIONS ARE SYSTEMATICALLY DISMANTLING OUR JUSTICE SYSTEM – THE “BOGUS FOCUS” ON IMMIGRATION ENFORCEMENT IS KEY TO THEIR DESTRUCTIVE STRATEGY! — “Perhaps the most insidious part of the Trump administration’s approach to criminal justice lies in its efforts to link crime to its broader crackdown on immigration.”

https://www.nytimes.com/2018/02/17/opinion/sunday/donald-trump-and-the-undoing-of-justice-reform.html

The New York Times Editorial Board writes:

“In the decade or so before Donald Trump became president, America’s approach to criminal justice was changing fast — reckoning with decades of destructive and ineffective policies that had ballooned the prison population and destroyed countless lives. Red and blue states were putting in place smart, sensible reforms like reducing harsh sentencing laws, slashing prison populations and crime rates, and providing more resources for the thousands of people who are released every week.

President Obama’s record on the issue was far from perfect, but he and his first attorney general, Eric Holder Jr., took several key steps: weakening racially discriminatory sentencing laws, shortening thousands of absurdly long drug sentences, and pulling back on the prosecution of low-level drug offenders and of federal marijuana offenses in states that have legalized it. This approach reflected state-level efforts and sent a message of encouragement to those still leery of reform.

Within minutes of taking office, Mr. Trump turned back the dial, warning darkly in his Inaugural Address of “American carnage,” of cities and towns gutted by crime — even though crime rates are at their lowest in decades. Things only got worse with the confirmation of Attorney General Jeff Sessions, who, along with Mr. Trump, appears to be stuck in the 1980s, when politicians exploited the public’s fear of rising crime to sell absurdly harsh laws and win themselves re-election. Perhaps that’s why both men seem happy to distort, if not outright lie about, crime statistics that no longer support their narrative.

Last February, Mr. Trump claimed that “the murder rate in our country is the highest it’s been in 47 years.” Wrong: The national rate remains at an all-time low. It’s true that the 10.8 percent increase in murders between 2014 and 2015 was the largest one-year rise in more than four decades, but the total number of murders is still far below what it was in the early 1990s.

 

As bad as the dishonesty is the fact that Mr. Trump and Mr. Sessions have managed to engineer their backward worldview largely under the public’s radar, as a new report from the Brennan Center for Justice documents. Last May, Mr. Sessions ordered federal prosecutors to charge as aggressively as possible in every case — reversing a policy of Mr. Holder’s that had eased up on nonviolent drug offenders and others who fill the nation’s federal prisons. In January, Mr. Sessions rescinded another Obama-era policy that discouraged federal marijuana prosecutions in states where its sale and use are legal. (Mr. Sessions has long insisted, contrary to all available evidence, that marijuana is “a dangerous drug” and “only slightly less awful” than heroin.)

These sorts of moves don’t get much attention, but as the report notes, they could end up increasing the federal prison population, which began to fall for the first time in decades under Mr. Obama.

The reversal of sensible criminal justice reform doesn’t stop there. Under Mr. Trump, the Justice Department has pulled back from his predecessor’s investigations of police abuse and misconduct; resumed the use of private, for-profit prisons; and stopped granting commutations to low-level drug offenders who have spent years or decades behind bars.

Meanwhile, Mr. Sessions, who as a senator was one of the most reliable roadblocks to long-overdue federal sentencing reform, is still throwing wrenches into the works as Congress inches toward a bipartisan deal. Mr. Sessions called the Sentencing Reform and Corrections Act, a sweeping bill that would reduce some mandatory-minimum sentences, and that cleared the Senate Judiciary Committee on Thursday, a “grave error.” That earned him a rebuke from the committee’s chairman, Senator Charles Grassley, who pointed out that the attorney general is tasked with enforcing the laws, not writing them. “If General Sessions wanted to be involved in marking up this legislation, maybe he should have quit his job and run for the Republican Senate seat in Alabama,” Mr. Grassley said.

Mr. Grassley is no one’s idea of a justice reformer, but he supports the bill because, he said, it “strikes the right balance of improving public safety and ensuring fairness in the criminal justice system.”

So what has this administration done right? The list is short and uninspiring. In October, Mr. Trump declared the epidemic of opioid abuse a national emergency, which could be a good step toward addressing it — but he’s since done almost nothing to combat a crisis that killed more than 64,000 Americans in 2016.

In his State of the Union address last month, Mr. Trump promised to “embark on reforming our prisons to help former inmates who have served their time get a second chance.” It’s great if he really means that, but it’s hard to square his assurance with his own attorney general’s opposition to a bill that includes recidivism-reduction programs intended to achieve precisely this goal.

Perhaps the most insidious part of the Trump administration’s approach to criminal justice lies in its efforts to link crime to its broader crackdown on immigration. In a speech last month, Mr. Sessions said undocumented immigrants are far more likely than American citizens to commit crimes, a claim he found in a paper by John Lott, the disreputable economist best known for misusing statistics to suit his own ideological ends. In this case, it appears Mr. Lott misread his own data, which came from Arizona and in fact showed the opposite of what he claimed: Undocumented immigrants commit fewer crimes than citizens, as the vast majority of research on the topic has found.

But no matter; Mr. Trump and Mr. Sessions don’t need facts to run their anti-immigrant agenda, which has already resulted in more than double the number of arrests of immigrants with no criminal convictions as in 2016, as the Brennan Center report noted. Soon after taking office, Mr. Trump issued an executive order cutting off federal funding to so-called sanctuary cities, jurisdictions that refuse to cooperate with federal immigration officials. A federal judge blocked the order in November for violating the Constitution.

The rhetoric from the White House and the Justice Department has emboldened some state and local officials to talk tougher, even if just as ignorantly, about crime. The good news is that it’s not working as well anymore. In Virginia’s race for governor last fall, the Republican candidate, Ed Gillespie, attacked his opponent, Ralph Northam, with ads blaming him for violence by the MS-13 gang.

It was a despicable stunt, its fearmongering recalling the racist but effective Willie Horton ad that George H. W. Bush ran on in his successful 1988 presidential campaign. Thankfully, Virginia’s voters overwhelmingly rejected Mr. Gillespie, another sign that criminal justice reform is an issue with strong support across the political spectrum. In the era of Donald Trump, candidates of both parties should be proud to run as reformers — but particularly Democrats, who can cast the issue not only as a central component of a broader progressive agenda, but as yet another example of just how out of touch with the country Mr. Trump and his administration are.”

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I know it’s quoted above, but two paragraphs of this article deserve re-emphasis:

Perhaps the most insidious part of the Trump administration’s approach to criminal justice lies in its efforts to link crime to its broader crackdown on immigration. In a speech last month, Mr. Sessions said undocumented immigrants are far more likely than American citizens to commit crimes, a claim he found in a paper by John Lott, the disreputable economist best known for misusing statistics to suit his own ideological ends. In this case, it appears Mr. Lott misread his own data, which came from Arizona and in fact showed the opposite of what he claimed: Undocumented immigrants commit fewer crimes than citizens, as the vast majority of research on the topic has found.

But no matter; Mr. Trump and Mr. Sessions don’t need facts to run their anti-immigrant agenda, which has already resulted in more than double the number of arrests of immigrants with no criminal convictions as in 2016, as the Brennan Center report noted. Soon after taking office, Mr. Trump issued an executive order cutting off federal funding to so-called sanctuary cities, jurisdictions that refuse to cooperate with federal immigration officials. A federal judge blocked the order in November for violating the Constitution.

Gonzo consistently uses bogus statistics, fear-mongering, racial innuendo, and outright slurs of immigrants, including Dreamers, and their advocates to advance his White Nationalist agenda at Justice.

At the same time, he largely ignores or proposes laughably inadequate steps to address the real justice problems in America: Russian interference, the opioid crisis, uncontrolled gun violence (much of it involving mass shootings by disgruntled White Guys with assault-type weapons), overcrowded prisons, lack of an effective Federal community-based anti-gang effort in major cities, hate crimes committed by White Supremacists, grotesquely substandard conditions in civil immigration detention, and the uncontrolled backlogs and glaring denials of Due Process and fairness to migrants in our U.S. Immigration Court System.

How long can America go without a real Attorney General who acknowledges the rights of all people in America? How will we ever recover from the damage that Gonzo does every day he remains in the office for which he is so supremely unqualified?

PWS

02-19-18

 

BLACK HISTORY MONTH: LET’S TAKE A LOOK AT TWO STORIES FROM THAT “GREAT ERA OF AMERICA” THAT TRUMP, SESSIONS, MILLER, COTTON, AND THEIR WHITE NATIONALIST PALS LOVE SO MUCH – When White Men Were Supreme, The Law Was There To Keep African Americans in Their Place, Blacks Who Stood Up For Their Rights Were Murdered By The White Police, And Latinos & Women Were “Out Of Sight, Out Of Mind!”

From “John Kelly’s Washington” in the Washington Post:

Stuck on a shelf or locked in a safe, D.C.’s ‘Lost Laws’ still packed a punch

 
Before the Supreme Court upheld the District’s “Lost Laws” in 1953, activists such as Mary Church Terrell (center) picketed in front of segregated restaurants.

Columnist February 14

Martin Luther King Jr. said “the arc of the moral universe is long, but it bends toward justice.”

He could have added: “eventually, and after plenty of detours.”

In 1872 and 1873, two laws were passed in Washington that forbade racial discrimination in the city’s restaurants. Then, somehow, the laws vanished.

Just imagine the reaction when they were “rediscovered” in the 1940s. It must have been as if someone had opened a vault sealed when Ulysses Grant was president and found an airplane inside, a television, penicillin … .

Could Washingtonians from 70 years ago really have been so advanced? What had happened to those people?

What amazed me when I looked into the events of the 1870s and 1880s was how similar things were to the Jim Crow era. Restaurateurs used some of the same excuses for refusing to serve African Americans: Black customers were “boisterous,” white patrons would stay away, the government shouldn’t meddle.

To fight discrimination, black activists used methods that are familiar to us now. Lawyer E.M. Hewlett deliberately visited restaurants to see if he would be served. Hewlett looked to see if owners had posted price lists, as required by law to prevent black customers from being gouged. When he spotted a violation, he took the establishment to court.

In the end, none of it did any good. Why?

“During Reconstruction, D.C. was really on the leading edge of racial change in America,” said Chris Myers Asch, co-author, with George Derek Musgrove, of “Chocolate City: A History of Race and Democracy in the Nation’s Capital.”

Said Asch: “D.C. was a very progressive city. You had remarkable progress being made toward racial equality in a very brief space of time. Black men in D.C. were the first black men in the country to be granted the right to vote after the Civil War.”

Such efforts, Asch said, were a priority for radical Republicans in Congress.

“The backlash from white conservatives is really substantial,” Asch said. “First you eliminate self government all together in 1874. Then you slowly roll back those Reconstruction-era gains. This is part of a regionwide effort to enforce white supremacy. By 1901, when city commissioners decide to compile the D.C. Code, they simply don’t include those Reconstruction-era statutes.”

They didn’t include them, but they didn’t repeal them. The Lost Laws were not dead. They were like a long-dormant seed, ready to spring to life after a refreshing rain.

I don’t know who found them. Asch thinks it was A. Mercer Daniel, who oversaw the library at Howard University’s law school. They gained fame in 1948 with the publication of “Segregation in Washington,” a scathing report that mentioned the laws.

Civil rights activists wondered: Could the laws be used to fight segregation?

Annie Stein, a white woman from Southwest D.C. who was a member of the Progressive Party, invited Mary Church Terrell to chair the Coordinating Committee for the Enforcement of the D.C. Anti-Discrimination Laws of 1872 and 1873. When Terrell, the octogenarian co-founder of the NAACP, was denied service at a downtown cafeteria called Thompson’s in 1950, it set the stage for a test case.

District of Columbia vs. John R. Thompson Co. went first to the old Municipal Court, where Judge Frank Myers ruled that the Lost Laws had “been repealed by implication” and, thus, could no longer be enforced.

Terrell and company appealed. In May of 1951, the Municipal Court of Appeals ruled 2-to-1 that the anti-bias laws were still valid. Among the points raised by Judge Nathan Cayton was that another so-called lost law had been enforced in 1908, even though it, too, had been omitted from the 1901 D.C. Code.

It was an animal cruelty law. Animals, it seemed, had more rights than black Washingtonians.

The game of legal ping-pong continued. The next stop was the U.S. Court of Appeals. In a 5-to-4 decision, it ruled that the laws of 1872 and 1873 could not be enforced.

One judge, Barrett Prettyman, wrote the statutes were “neither mentioned again nor enforced for a period of 75 years.” Thus the laws “must be deemed by the courts to have been abandoned.”

If you’ve been reading my columns this week, you know that wasn’t true. African Americans did mention them and did try to get them enforced.

In April of 1953, the case finally reached the U.S. Supreme Court. Chester H. Gray of the District’s corporation counsel’s office asked the court not to blame his staff. They hadn’t known of the laws until someone found them in the corporation counsel’s safe.

“You mean you have to go to a locked safe to find laws of the District of Columbia?” Chief Justice Fred M. Vinson joked.

In June, the court ruled unanimously that the laws were still in effect. Laws passed by long-dead Washingtonians had helped their descendants.

Five days after the Supreme Court ruling, Terrell went to eat at Thompson’s with the mixed-race group who had been denied a meal three years earlier. They were treated, Terrell said, with courtesy.”

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Sound all too familiar? It should! The claptrap coming from yesterday’s racists is pretty much the same as the garbage coming out of the mouths of some GOP pols these days. Here’s my “rewrite” of a paragraph of Kelly’s account in “today’s context.”

The backlash from Sessions, Bannon, Kobach, Miller and their White Nationalist pals to the diversification of America and growing political power of African-Americans, Hispanics and other non-Whites was substantial. First, they used gerrymandering and intentional mis-constructions of Civil Rights and Voting Rights statutes intended to protect minorities to instead suppress and minimize the minority vote. This is part to a nationwide effort by the far right to restore White Supremacy and prevent African-Americans and Hispanics from eventually obtaining political power commensurate with their demographics and overwhelming contributions to America. Then, when supposedly in charge of administering the laws equally, they simply refuse to recognize the rights of African-Americans to be free from police violence and the rights of Hispanics and asylum seekers in the United States to be treated with respect and dignity and to be given full Due Process under our Constitution. They even invent false narratives, bogus statistics, and demonize hard-working law-abiding citizens, residents, and great and deserving young people known as “Dreamers” in a desperate effort to restore exclusive White (preferably “pseudo-Christian”) power. To add insult to injury, they carry out this anti-American, anti-Constitutional campaign under the boldly false rubric of “Restoring the Rule of Law.”

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Now let’s move over to the Post’s Sports Section. Here’s an account of what happened to courageous African-American athletes who stood up for their rights and the rights of others during the “glory days” of White Supremacy that Trump, Sessions, & Co. so cherish and honor.

Remembering the Orangeburg massacre, and the athlete-activists who took a stand 


Two black demonstrators killed in the Orangeburg Massacre lie on the ground at the edge of South Carolina State College in Orangeburg, S.C., on Feb. 8, 1968. (ASSOCIATED PRESS)
February 13

Robert Lee Davis found himself lying in blood next to his teammate Sam Hammond. At least one bullet had struck Davis in the back. Another went in Hammond’s neck.

Davis recalled in an oral history that Hammond, a running back at South Carolina State, asked him, “Do you think I’m going to live?” Davis, a linebacker, said he answered, “Sam, you are going to be all right, buddy.”

Hammond was the first of three young black men to die that night 50 years ago in Orangeburg, S.C. Davis was one of several football players at historically black South Carolina State to survive a hail of police fire with injuries.

What brought them together that Feb. 8, 1968, evening was not a team meeting or the training table. Instead, it was a call to confront a wrong, an affront, an act of overt racial discrimination in Orangeburg at a bowling alley that refused would-be black bowlers just like the state was denying black citizens their human rights.

As a result, Davis and Hammond became athlete-activists long before we created the suddenly ubiquitous, if not trite, alliterative phrase these days to describe football and basketball players, almost all of color, who have, by comparison, merely sported sloganeering T-shirts, or employed histrionics, to demonstrate against racial injustice.

It is a noble and laudable effort, of course. But what we’ve come to champion of athletes today pales juxtaposed to what so many did in the cauldron of the late ’60s civil rights movement. Davis and Hammond, for example, dared to physically confront the very embodiment of the South’s recalcitrant racists — scores of carbine rifle-toting, all-white state troopers — for which Hammond forfeited not just his career but his life.

They were among at least 30 victims of what became known as the Orangeburg massacre.

I was reminded of it three years ago as a presenter at the annual Media and Civil Rights symposium at the University of South Carolina. It included a mesmerizing panel featuring a demonstrator that night, civil rights icon and scholar Cleveland Sellers, and a reporter who became legendary for his fearless coverage of the massacre and other civil rights movement era violence, Jack Bass. With Jack Nelson, awarded a Pulitzer Prize for his reporting on the civil rights movement, Bass authored “The Orangeburg Massacre” in 1970.

And I took note that the panelists, particularly Oliver Francis, a one-time baseball player at Voorhees, another historically black South Carolina college, pointed out that black male athletes in particular stepped to the fore in Orangeburg’s deadly confrontation with white supremacy, and in others. Francis wound up convicted and sentenced to prison for 18 to 24 months as an organizer in an armed black student takeover in 1969 of the Voorhees administration building.

It all reminded that black athletes played not just pivotal roles in the civil rights movement, like the muscle North Carolina A&T football players provided for their classmates engaged in sit-ins to desegregate the Greensboro, N.C., Woolworth’s lunch counter. Or in Rock Hill, S.C., where 10 black Friendship College students were detained by police for trying to desegregate a town lunch counter in 1961 but became known as the Rock Hill Nine after one among them wasn’t booked so he could maintain his athletic scholarship. Chicago Bears running back Willie Galimore was the test black registrant at the Ponce de Leon Motor Lodge in St. Augustine, Fla., that became a flash point for desegregation fights in 1964.

And as was evidenced in Orangeburg, black athletes sometimes were even in the vanguard of protests. Samuel Freedman underscored as much in recounting the Orangeburg massacre in his 2014 book, “Breaking the Line: The Season in Black College Football That Transformed the Sport and Changed the Course of Civil Rights.”

Freedman wrote: “Shortly after the 1967 football season ended, many of the politically engaged members of the South Carolina State team joined in protests against a segregated bowling alley near the campus in Orangeburg.” On Feb. 6, 1968, Freedman reported, Davis and several of his teammates went on their own to the bowling alley and not only were denied admittance but were threatened with arrest by city police for disturbing the peace. Other students eventually joined the football players, objected to the police threats and wound up defending themselves from swinging billy clubs.

Two nights later, Freedman stated, “an all-white force of state troopers opened fire on the student demonstrators, killing three and wounding twenty-eight. Among the dead was one football player . . . Hammond. Several other players were injured by gunfire, one of them temporarily paralyzed.”

Davis was that temporarily paralyzed victim.

The student survivors of the massacre refused, however, to be deterred and allow the killings of Hammond, fellow student Henry Smith and high school football player Delano Middleton to be in vain. They organized a march from campus to the state capital 42 miles away to demand justice. Athletes decided to lead the march by running the distance.

“The four young men who approached me about the run were all track and field distance runners,” Willis Ham, a South Carolina State baseball player at the time, told the (Orangeburg, S.C.) Times and Democrat five years ago. “Three of the young men were not of American descent, and they simply wanted to express their disgust for the way Americans ‘treat their own,’ with the one tool that they had to their credit [the ability to run].

“We wanted our fellow students to know how deeply we felt about their determination to go to Columbia [S.C.], and express to state officials how they really felt about the lack of support in the days leading to the massacre.”

“It gave us a chance to say that our spirits and drive for freedom from depression would never be destroyed,” Ham explained.

The white troopers who fired on the students were exonerated in a trial a year later. The lone conviction from the incident was of Sellers for incitement. He spent seven months in prison. He was pardoned in 1993.

But what Hammond, the football player, first fell for is forever remembered on South Carolina State’s campus. Its basketball arena that opened that fateful day, Feb. 8, 1968, was renamed the Smith-Hammond-Middleton Memorial Center.

Kevin B. Blackistone, ESPN panelist and visiting professor at the Philip Merrill College of Journalism at the University of Maryland, writes sports commentary for The Post.”

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We should all be appalled that in the 21st Century, folks like Trump, Sessions, Miller, Cotton, and others who think that it’s “OK” and “permissible” to whip up false anti-Hispanic fervor with bogus narratives about rampant crime, imaginary “stolen” jobs, and phantom “adverse effects” of legal immigration have weaseled their way into positions of national power and prominence.

They seek to take America backwards to a bygone era of racial injustice and manufactured hate. Don’t let them get away with it! Ballot boxes were made to “retire” the Trumps, Sessions, and Cottons of the world and send them off to try to make an honest living.

PWS

02-16-18

CRIME/NATIONAL SECURITY/TRUMP: “NO DOUBTER” – ANYONE WHO THINKS THAT VALDI PUTIN DIDN’T HELP ELECT TRUMP IS BADLY MISTAKEN – Just Read Mueller’s Latest Indictment! – I’ve Got It for You!

 

Russian Indictment

 

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So, now you know why:

  • Trump fears the truth;
  • Sessions runs around the country trashing Dreamers, asylum seekers, lawyers, empowering MS-13, and promoting his White Nationalist agenda while not lifting a finger to prevent Russian meddling in our elections;
  • DHS is headed by a lightweight sycophant who is more concerned about deporting gardeners and maids and “kissing up” to Trump’s racist agenda than about protecting our country from the active threat by Russia;
  • We’re standing by and letting Russia run all over us on the world stage;
  • Vladi is just delighted with the performance of his “Puppet President,” “Agent Devon,” and a host of GOP “Fellow Travelers;”
  • Trump and his cohorts are out to destroy the career civil service because career civil servants owe allegiance to our Constitution rather than to Trump and his corrupt minions.

Wake up, folks, and vote the GOP out of office, on all levels, before it’s too late for America!

PWS

02-15-18

GONZO’S WORLD: NOT LONG AGO, SEN. CHUCK GRASSLEY (R-IA) HELPED INFLICT THE RACIST, XENOPHOBE, WHITE NATIONALIST JEFF SESSIONS ON AMERICA AS THE MOST CLEARLY UNQUALIFIED ATTORNEY GENERAL IN HISTORY! – NOW, EVEN “CHUCKLES” HAS HAD ENOUGH OF “GONZOISM!” — Sorry, Chuckles, You Reap What You Sow!

https://www.politico.com/story/2018/02/14/grassley-sessions-criminal-justice-410735

Elana Schor reports for Politico:

Grassley rips Sessions for opposing criminal justice bill

‘When the president was going to fire him, I went to his defense,’ Grassley said in an interview.

Senate Judiciary Committee Chairman Chuck Grassley hit back hard at Attorney General Jeff Sessions on Wednesday after his former Senate colleague launched a preemptive strike on his criminal justice bill.

The legislation, which Grassley has worked on for more than two years, is expected to win committee approval Thursday. But it faces a tough climb to the Senate floor amid reluctance from GOP leaders and conservative resistance. Sessions, who opposed the reform effort during his time on the Judiciary panel, piled on Wednesday with a letter warning that the bipartisan proposal “risks putting the very worst criminals back into our communities.”

Grassley responded with a powerful brushback pitch to the attorney general.

“It’s Senator Sessions talking, not a person whose job it is to execute law, and quite frankly I’m very incensed,” he told POLITICO.

What Sessions’ letter “doesn’t recognize here,” Grassley added, “and why I’m incensed about it is, look at how hard it was for me to get him through committee in the United States Senate. And look at, when the president was going to fire him, I went to his defense.”

The Iowa Republican said “all kinds of” potentially polarizing Justice Department nominees who have proven “very difficult to get through the United States Senate” have also landed in his lap as chief of the influential Judiciary Committee.

“If he wanted to do this,” Grassley said of Sessions, “he should have done what people suggested to him before: resign from attorney general and run for the Senate in Alabama again. We’d have a Republican senator.”

Grassley was referring to the special election for the Senate seat Sessions vacated to become President Donald Trump’s attorney general. Sen. Doug Jones (D-Ala.) ultimately won after multiple allegations of sexual misconduct with minors against GOP nominee Roy Moore. Republican leaders considered asking Sessions to join the race as a write-in candidate in a bid to save the seat for their party. Sessions has also had a tumultuous time in the Trump administration, at one point reportedly offering his resignation.

The criminal justice bill, which Grassley negotiated alongside Minority Whip Dick Durbin (D-Ill.), counts co-sponsorship from 18 other senators, evenly distributed between the parties. Senate Majority Whip John Cornyn (R-Texas), who supported the broader reform effort in the previous Congress, has shifted his focus this year to a narrower prison reform measure that he has said has a better chance of Trump signing into law.

But Grassley hasn’t abandoned the push to win floor time for the legislation, which would ease mandatory minimum sentences for certain non-violent offenders and end the required life sentence for some repeat drug offenders. Other elements of the proposal would create new mandatory minimum sentences for other categories of offense and bolster punishment for those convicted of trafficking in drugs containing the opioid fentanyl.

Grassley disputed Sessions’ characterization of the criminal justice reform bill in his Wednesday letter as bringing “potentially dire consequences” for efforts to fight the nationwide opioid epidemic.

“I agree with Sessions that mandatory minimums are important, and we don’t touch that,” the Iowan said.

Sessions’ critique of the legislation “makes it sound like these guys are going to be out on the streets as soon as the judge makes the decision,” Grassley added. “So he can have his strong position, and I can have my position that brings a little bit of fairness to it.”

Grassley also tweeted his frustration with Sessions Wednesday. Asked for a comment, a Justice Department spokeswoman said the letter from the attorney general would suffice.”

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The chickens come home to roost, Chuckles! Implied, if not actually stated by Grassley, is that Gonzo lied under oath about more than his Russian connections during his confirmation hearings.

Gonzo falsely claimed that he would leave the partisan role of the extreme rightist Senator from Alabama behind and recognize that the role of U.S. Attorney General involved fairly and impartially representing the diverse interests of all Americans. I actually gave him the “benefit of the doubt” on that one.

But, Gonzo quickly established beyond any reasonable doubt that he could not leave behind a lifetime of racism, xenophobia, White Nationalism, and lies. He continues to be the same “shill” for racist restrictionist hate groups that he always has been.

Yup, Chuckles! Gonzo’s disdain for bipartisanship, reasonable compromise, equal treatment, and sane delivery of justice runs deep. Perhaps you should have “done the right thing” during the confirmation process!

The good news: by the time Mueller gets through, Gonzo might well wish that he had eased off a little on Chuckles’s proposal to revise sentencing for “nonviolent” offenses — like perjury, obstruction of justice, or providing false or misleading information. He’ll have to hope that his mouthpiece  “Chuckie” Cooper can help him beat the rap for his “bad memory.”

PWS

02-15-18

RICHARD L. HASEN IN WASHPOST: THE ORIGINAL DISRUPTER – THE LATE JUSTICE ANTONIN SCALIA!

https://www.washingtonpost.com/news/posteverything/wp/2018/02/13/antonin-scalias-disruption-of-the-supreme-courts-ways-is-here-to-stay/

Hasen writes:

“A few years ago, a populist disrupter of the established political order said that Arizona was right to try to take immigration enforcement into its own hands when the Obama administration was not aggressive enough. Its “citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy.” He similarly expressedsympathy for the “Polish factory workers’ kid” who was going to be out of a job because of affirmative action and lamented that the Supreme Court’s giving too many constitutional rights to Guantanamo detainees “will almost certainly cause more Americans to be killed.”

Who made the statements? Donald Trump? Newt Gingrich? No, those were the words of Supreme Court Justice Antonin Scalia, who died two years ago Tuesday. Scalia disrupted business as usual on the court just like Gingrich disrupted the U.S. House of Representatives in the 1990s and Trump is now disrupting the presidency. Scalia changed the way the Supreme Court writes and analyzes its cases and the tone judges and lawyers use to disagree with each other, evincing a pungent anti-elitist populism that, aside from some criminal procedure cases, mostly served his conservative values. Now the judiciary is being filled at a frenetic pace by Trump and Senate Republicans with Scalian acolytes like Supreme Court Justice Neil M. Gorsuch, who will use Scalia’s tools to further delegitimize their liberal opponents and continue to polarize the federal courts.

Scalia joined the Supreme Court in 1986 after a stint as a law professor, a government official and a judge on the U.S. Court of Appeals for the District of Columbia Circuit. He arrived at a court in which justices used an eclectic mix of criteria, from text to history and purpose to pragmatism and personal values, to decide the meaning of the Constitution and federal statutes. Justices disagreed with one another, but for the most part, they were polite in their written dissents.

Scalia came in with different ideas, which he said were compelled by the limited grant of judicial power in the Constitution and would increase the legitimacy of judicial decision-making. He offered revamped, supposedly neutral jurisprudential theories. Yet, as I argue in my upcoming book, “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption,” his doctrines were usually flexible enough to deliver opinions consistent with his conservative libertarian ideology.

He was an “originalist” who believed that constitutional provisions should be interpreted in line with their public meaning at the time of enactment, as when he argued that the 14th Amendment’s equal protection clause did not apply to sex discrimination — except when he wasn’t, as when in affirmative action cases, he consistently ignored evidence that at the time the equal protection clause was ratified, Congress enacted preferences specifically intending to help African Americans.”

. . . .

Scalia, the Harvard law graduate, frequently cast his fellow justices as out-of-touch Ivy League elitists sticking it to the little guy. Yet he often sided with big business over consumers and environmental groups, deciding cases on issues related to standing and arbitration law that made it harder for people to have their rights protected and vindicated in court.

He disagreed with others using a tone like no other justice. The day after it decided King v. Burwell in June 2015, the court recognized a right of same-sex couples to marry in Obergefell v. Hodges. Scalia, applying his originalist understanding of the 14th Amendment, unsurprisingly rejected the majority’s approach. But he leveled his harshest words at Justice Anthony M. Kennedy’s majority opinion, which he described as “couched in a style that is as pretentious as its content is egotistic.” He added that “if, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag.” He compared the opinion to an aphorism in a fortune cookie.

The combination of Scalia’s view that textualism and originalism were the only legitimate way to decide cases and his caustic dismissal of anyone who dared to disagree with him led to a much coarser, polarized court after his tenure on the bench. He gave the Supreme Court’s imprimatur to the practice of delegitimizing one’s ideological opponents rather than simply disagreeing with them.

Most important, he gave key conservative acolytes tools to advance an ideological agenda — tools that he presented as politically neutral. The most important of these acolytes is Gorsuch, the newest Supreme Court justice (and, thanks to the refusal of Senate Republicans to consider President Barack Obama’s nomination of Merrick Garland after Scalia died, also the justice who replaced his ideological role model). While not quite a Scalia clone, he is fully following in Scalia’s tradition. Not long after joining the court, Gorsuch admonished his colleagues in a statutory interpretation case that “if a statute needs repair, there’s a constitutionally prescribed way to do it. It’s called legislation.” And at oral argument in the 2017 Wisconsin partisan gerrymandering case, he dismissively interjected that “maybe we can just for a second talk about the arcane matter, the Constitution.” Think Scalia, but without the spontaneous wit and charm. Without Scalia, Gorsuch would have been just as conservative, but he would not have been packaging his jurisprudence in Scalian terms. And he perhaps would not have been as aggressive out of the box.

According to Time magazine, Trump wants to appoint more “originalists” and “textualists” on the court — flamethrowers who will disrupt things even more, following Scalia’s model. Gorsuch’s early record and the posthumous deification of Scalia by Federalist Society members and others on the right since his death show that Scalia’s pugnacious populism is the wave of the future for court appointees by Republican presidents and that the bitter partisan polarization we’ve seen in the political branches is in danger of becoming fixed as a permanent feature of the Supreme Court. Indeed, the main criticism of Scalia’s followers is that he was not consistent enough in insisting that originalism and textualism are the only right way to decide cases, consequences be damned.

Thanks to Scalia’s disruption, the Supreme Court may never be the same.

 

Richard L. Hasen is the chancellor’s professor of law and political science at the University of California at Irvine and the author of “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption.”

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Read the complete article at the link.

Yes, I always thought that beneath all the “origionalist” BS, Justice Scalia was pretty much just another jurist with a peculiar right-wing agenda. He rewrote history to match his own preconceived worldview. Additionally, he detested equality, social justice, and common sense in equal proportions. But, occasionally his intellectual machinations led him to side with the “good guys.”

He might not have been a “stable genius,” but he was a heck of a lot smarter than Trump and much funnier. And, while there are indications in his jurisprudence that he was a “racist at heart” (who despised Hispanics as much as African-Americans) he was somewhat less overt about his White Christian Nationalism than guys like Trump, Sessions, Miller, Bannon, Steve King, etc.

PWS

02-14-18

 

ON SATURDAY, “COURTSIDE” & SLATE’S JEREMY STAHL GAVE YOU THE “REAL LOWDOWN” ON AAG RACHEL BRAND’S “FLIGHT FROM JUSTICE!” — Two Days Later, NBC News Confirms What We Already Said!

Here’s a link to the prior blog on immigrationcourtside.com:

https://wp.me/p8eeJm-26R

Here’s the NBC report by one of my favorite Washington reporters, Julia Edwards Ainsley:

http://nbcnews.to/2CfKuHi

Julia reports:

“WASHINGTON — The Justice Department’s No. 3 attorney had been unhappy with her job for months before the department announced her departure on Friday, according to multiple sources close to Associate Attorney General Rachel Brand.

Brand grew frustrated by vacancies at the department and feared she would be asked to oversee the Russia investigation, the sources said.

She will be leaving the Justice Department in the coming weeks to take a position with Walmart as the company’s executive vice president of global governance and corporate secretary, a job change that had been in the works for some time, the sources said.

Sources: Brand left DOJ over fear of overseeing Russia probe 3:40

As far back as last fall, Brand had expressed to friends that she felt overwhelmed and unsupported in her job, especially as many key positions under her jurisdiction had still not been filled with permanent, Senate-confirmed officials.

Four of the 13 divisions overseen by the associate attorney general remain unfilled, including the civil rights division and the civil division, over one year into the Trump administration.

While Brand has largely stayed out of the spotlight, public criticism of Deputy Attorney General Rod Rosenstein by President Donald Trump worried Brand that Rosenstein’s job could be in danger.

Should Rosenstein be fired, Brand would be next in line to oversee Special Counsel Robert Mueller’s investigation into Russia’s meddling in the 2016 election, thrusting her into a political spotlight that Brand told friends she did not want to enter.

The Justice Department pushed back on NBC’s report.

“It is clear these anonymous sources have never met Rachel Brand let alone know her thinking. All of this is false and frankly ridiculous,” said Justice Department spokeswoman Sarah Flores.

Brand has had a long legal career that has spanned several administrations, including under Democratic President Barack Obama and Republican George W. Bush.

In announcing her departure, Attorney General Jeff Sessions described Brand as “a lawyer’s lawyer,” noting that she graduated from Harvard Law School and clerked at the Supreme Court.

In the same statement, Brand said, “I am proud of what we have been able to accomplish over my time here.”

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Undoubtedly, the DOJ under Trump and Sessions has made some great strides in attacking the rule of law, undermining social justice, mal-administering the Immigration Courts, eroding the credibility of DOJ attorneys in court, and generally diminishing the quality and fairness of the justice system in the United States.

While those might give Rachel “bragging rights” over at Wal-Mart or in right-wing legal circles, I don’t see that they are anything to “write home about.”  Hopefully, at some point in the future, having served as a politico in the Trump/Sessions DOJ will become a “career killer” for any future Government appointments.

But, in today’s topsy-turvy legal-political climate, it’s still a shrewd “self-preservation” move on Brand’s part. And, she’s somewhat less likely to be stomping on anyone’s civil rights over at Wal-Mart (although you never know when an opportunity to dump on the civil rights of the  LGBTQ community, African-Americans, Latinos, immigrants, women, the poor, or to promote religious intelerance might present itself in a corporate setting).

Looking forward to more DOJ reporting from the super-talented Julia! I’ve missed her on the “immigration beat!”

PWS

02-12-18