MASHA GESSEN IN THE NEW YORKER: THE GREAT MORAL DILEMMA OF THE TRUMP ERA: Total Resistance Or “Damage Control?” — “In our case, stepping outside the lie means refusing—stubbornly, consistently, incrementally—to lend credence to the opposite of politics, the opposite of diplomacy, and the opposite of sanity. That would require thinking, reading, and speaking critically: not treating an outburst as though it were politics, a tantrum as though it were diplomacy, and a delusion as though it were aspiration.”

https://www.newyorker.com/news/our-columnists/in-the-trump-era-we-are-losing-the-ability-to-distinguish-reality-from-vacuum

Gessen writes:

The Trump Presidency is an age of unanswerable questions and lose-lose propositions. How is one to maintain sanity, decency, and a measure of moral courage? In a pair of thoughtful essays in Slate, Dahlia Lithwick tackles the problems of dealing with the everyday nature of our current political disaster and of deciding on the best way to try to save the country from Donald Trump: by staying close to him, or by walking away. The latter is a question for members of the Administration and for congressional Republicans. “This is the time,” Lithwick writes, to “think about what combination of exit and voice can make a meaningful difference if a real crisis were to happen. Or rather, when the real crisis happens—if we are not there already.”

This is not a new question. Many people will continue posing it to themselves and others with ever more frustrating results, because it cannot be answered. Is the possibility of moderating the damage done by this Administration worth sacrificing one’s moral principles? Should one protect one’s individual integrity by sacrificing the chance to moderate damage done by this Administration? We can’t possibly know. We don’t have the information necessary to evaluate these options in the short term. Did H. R. McMaster, during his tenure as Trump’s national-security adviser, prevent an unknown number of disasters? If he did, was it worth whatever psychic and intellectual price he paid? It’s likely that he himself doesn’t know. For those who have so far decided to stay, whether in the Administration or in the Republican Party, small daily sacrifices of personal integrity become part of their sunk cost in the project of staying in; these people inevitably grow more committed and less critical. The landscape keeps shifting, the stakes keep changing, and the crises keep mounting.

The overstimulation of the age of Trump, meanwhile, makes us lose track of time and whatever small sense humans normally have of themselves in history. We forget what happened a month ago. If we look away for a day, we miss news that seems momentous to others—only to be forgotten, too, in a week. Living in a shared reality with our fellow-citizens is an endless triathlon of reading, talking, and panicking. It creates the worst possible frame of mind for answering vexing moral questions, especially ones that require a choice between two desperately unsatisfying options.

Thinking morally about the Trump era requires a different temporal frame. It requires a look at the present through the prism of the future. There will come a time after Trump, and we need to consider how we will enter it. What are we going to take with us into that time—what kind of politics, language, and culture? How will we recover from years of policy (if you can call it that) being made by tweet? How will we reclaim simple and essential words? Most important, how will we restart a political conversation? Political discourse was in crisis before Trump—no wonder Americans of all stripes have become accustomed to using the words “politics” and “political” to denote substance-free transactions in the electoral arena. But, under Trump, it is nearing complete destruction.

Consider the last month’s worth of conversation about Trump and North Korea. Forgetting the President’s “little rocket man” remarks and building on months of denial that Trump had brought the world as close to the brink of nuclear annihilation as it has ever been, politicians, bureaucrats, policy wonks, and journalists have been speaking as though Trump were engaged in actual negotiations with Kim Jong Un. Some deliriously joined him in contemplating the prospect of a Nobel Peace Prize. The voices of a few experts who dared say that nothing had been accomplished yet and expressed doubt that the summit would actually occur were quickly drowned out. The ritual of analysis and anticipation that normally accrues to diplomacy was accruing instead to Trump’s flailing gestures, in the same way that the normal rituals of punditry have accrued to Trump’s tweets, harangues, and inconsistencies, all of which are the opposite of politics. On Friday, the Times’ morning podcast, “The Daily,” offered up a thoughtful analysis of Trump’s summit-cancelling missive, which was written in the language of a sulking, lovelorn seventh grader. But no sooner was the podcast posted than Trump told the media that he might hold the summit after all.

We are losing the habit, and perhaps the capability, of distinguishing reality from vacuum. This is disorienting in the present and disastrous for the future—it is the one factor that will make post-Trumpian recovery, when it comes, so difficult. We must pose a bigger question than whether Administration members or congressional Republicans should stay or go, for it’s not only Trump’s appointees or fellow party members who are implicated in the daily insults and damage to our perceptions. We should be asking what each one of us can do to assert a fact-based reality at any given time. The great French thinker and activist Simone Weil had a prescription that she wrote down in her journal in 1933: “Never react to an evil in such a way as to augment it.” A few days later, she added, “Refuse to be an accomplice. Don’t lie—don’t keep your eyes shut.”

Throughout the twentieth century, writers and thinkers who faced reality-destroying regimes kept producing similar recipes. “Live not by lies,” the Russian dissident novelist Aleksandr Solzhenitsyn wrote. The Czech dissident playwright and future President Václav Havel pondered the predicament of living, unquestioningly, “inside the lie”—and the uncanny power of stepping outside of it. In our case, stepping outside the lie means refusing—stubbornly, consistently, incrementally—to lend credence to the opposite of politics, the opposite of diplomacy, and the opposite of sanity. That would require thinking, reading, and speaking critically: not treating an outburst as though it were politics, a tantrum as though it were diplomacy, and a delusion as though it were aspiration. The good news is that this is not an entirely impossible task.

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Any individual with a sense of morality, decency, values, and a commitment to fundamental fairness, and Constitutional Due Process can’t afford to “sit this one out.” Don’t “normalize” Trump and his vile lies, bullying, mysoginy, and racism! Join the “New Due Process Army” and stand up for the REAL America (never to be confused with the scary and bogus “MAGA Pervision”)!

PWS

05-27-18

THINK THAT JUST BECAUSE YOU’RE A U.S. CITIZEN YOUR RIGHTS AREN’T UNDER ATTACK BY DHS IN THE “AGE OF TRUMP?”

https://www.washingtonpost.com/news/post-nation/wp/2018/05/20/a-border-patrol-agent-detained-two-u-s-citizens-at-a-gas-station-after-hearing-them-speak-spanish/?utm_term=.5bc9585e478a

Amy B. Wang reports for WashPost:

A Montana woman said she plans to take legal action after a Border Patrol agent detained and questioned her and a friend — both U.S. citizens — when he overheard them speaking Spanish at a gas station.

The incident occurred early Wednesday morning at a convenience store in Havre, Mont., a town in the northern part of the state, near the border with Canada.

Ana Suda said she and her friend, Mimi Hernandez, were making a midnight run to the store to pick up eggs and milk. Both are Mexican American and speak fluent Spanish, and they had exchanged some words in Spanish while waiting in line to pay when a uniformed Border Patrol agent interrupted them, Suda said.

“We were just talking, and then I was going to pay,” Suda told The Washington Post. “I looked up [and saw the agent], and then after that, he just requested my ID. I looked at him like, ‘Are you serious?’ He’s like, ‘Yeah, very serious.’ ”

Suda said she felt uncomfortable and began recording the encounter with her cellphone after they had moved into the parking lot. In the video Suda recorded, she asks the agent why he is detaining them, and he says it is specifically because he heard them speaking Spanish.

“Ma’am, the reason I asked you for your ID is because I came in here, and I saw that you guys are speaking Spanish, which is very unheard of up here,” the agent can be heard saying in the video.

Suda asks whether they are being racially profiled; the agent says no.

“It has nothing to do with that,” the agent tells her. “It’s the fact that it has to do with you guys speaking Spanish in the store, in a state where it’s predominantly English-speaking.”

Suda, 37, was born in El Paso and raised across the border in Ciudad Juarez, Mexico, but has spent much of her adult life moving around the United States with her husband and young daughter. Hernandez is originally from central California, Suda said.

Despite explaining this to the agent and showing him their IDs, Suda said, he kept them in the parking lot for 35 to 40 minutes. Though no one raised their voices in the video, Suda said she and Hernandez were left shaken and upset by the encounter, which ended around 1 a.m.

“I was so embarrassed … being outside in the gas station, and everybody’s looking at you like you’re doing something wrong. I don’t think speaking Spanish is something criminal, you know?” Suda said. “My friend, she started crying. She didn’t stop crying in the truck. And I told her, we are not doing anything wrong.”

When she got home, Suda posted on Facebook about what had taken place at the gas station. She said her shock began to give way to sadness in the following days, after some local news outlets reported the incident, and her 7-year-old daughter asked whether the video meant they should no longer speak Spanish in public.

“She speaks Spanish, and she speaks English,” Suda said. “When she saw the video, she was like, ‘Mom, we can’t speak Spanish anymore?’ I said ‘No. You be proud. You are smart. You speak two languages.’ This is more for her.”

A representative from U.S. Customs and Border Protection told The Post the agency is reviewing the incident to ensure all appropriate policies were followed. Border Patrol agents are trained to decide to question individuals based on a variety of factors, the agency added.

“U.S. Customs and Border Protection agents and officers are committed to treating everyone with professionalism, dignity and respect while enforcing the laws of the United States,” the agency said. “Although most Border Patrol work is conducted in the immediate border area, agents have broad law enforcement authorities and are not limited to a specific geography within the United States. They have the authority to question individuals, make arrests, and take and consider evidence.”

Havre is a rural town with a population of about 10,000, about 35 miles south of the U.S.-Canada border. Border Patrol agents have broad authority to operate within 100 miles of any U.S. border, though they cannot initiate stops without reasonable suspicion of an immigration violation or crime.

Suda said she is used to seeing Border Patrol agents in Havre because it’s so close to Canada, especially at gas stations, but had never been stopped before.

“It’s a nice town. I don’t think it’s a confrontational [population] here,” Suda said. “But now I feel like if I speak Spanish, somebody is going to say something to me. It’s different after something like this because you start thinking and thinking.”

Suda said she plans to contact the American Civil Liberties Union to seek legal guidance. ACLU representatives did not immediately respond to a request for comment Sunday.

“I just don’t want this to happen anymore,” Suda said. “I want people to know they have the right to speak whatever language they want. I think that’s the most important part, to help somebody else.”

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Nobody’s rights are safe in the Age of Trump, Sessions, & Nielsen. Harm to one is harm to all! Join the New Due Process Army and fight to protect the Due Process and other Constitutional rights of everyone in America!

PWS

05-21-18

OAKLAND, CA MAYOR LIBBY SCHAFF BASICALLY TELLS TRUMP & SESSIONS TO “SHOVE IT!”

https://www.washingtonpost.com/opinions/no-mr-president-i-am-not-obstructing-justice/2018/05/18/0d64e5cc-5ab5-11e8-b656-a5f8c2a9295d_story.html

Schaff writes in the Washington Post:

When President Trump was admonishing Attorney General Jeff Sessions to charge me with obstruction of justice Wednesday, I was at Harvard University sharing how we intend to give every child from Oakland, Calif., the opportunity to attend college.

Like all cities, Oakland suffers from disparities. Our African American and Latino children finish college at vastly lower rates than whites. That achievement gap is a tragic legacy of our country’s racist history.

I sought elected office to fix that — to build an equitable city where every resident, from every neighborhood and background, has the same opportunity to thrive. I believe in the American promise of “justice for all.”

Mr. President, I am not obstructing justice. I am seeking it.

The president takes issue with a tweet I posted in February in which I notified residents of an impending raid by Immigration and Customs Enforcement in the Bay Area, including Oakland. I wanted to make sure that people were prepared, not panicked, and that they understood their legal rights.

I did this for people such as Maria Mendoza-Sanchez, who immigrated to the United States from Mexico 24 years ago . She learned English, earned a degree and worked as a nurse in the cancer ward of Oakland’s public hospital. She and her husband, Eusebio, raised four children and bought a home.

“It’s supposed to be that if you assimilate to the culture of the country, you pay taxes, you work, you graduate college, you have a better chance,” Mendoza-Sanchez told the San Francisco Chronicle.

Last August, Mendoza-Sanchez and her husband were deported. They were ripped from their U.S.-born children — exiled to a country they had not set foot in for two decades. And they were taken from Oakland, where they had contributed to our community’s collective health, well-being and safety.

Under the Obama administration, Mendoza-Sanchez’s status — with a clean record, a good job and college-bound children — made her and her husband eligible for deferrals as they sought citizenship. But under the Trump administration, undocumented residents are vilified as “dangerous criminals” or, as of last week — simply “animals.” Trump has more than doubled deportations of people without any criminal convictions.

There are people like Mendoza-Sanchez in communities across our country: hard-working, tax-paying, law-abiding. They are parents, neighbors and caretakers. Their stories may have begun in another country, but — to our blessing and advantage — continue in ours.

They deserve justice too.

Far from the days when Trump’s Scottish mother gained her naturalization so easily, today’s immigration system is broken. It separates families, endangers our economy that relies on a substantial undocumented workforce and doesn’t provide legal representation to those seeking political asylum.

As mayor, it’s my duty to protect my residents — especially when our most vulnerable are unjustly attacked. As a leader, it’s my duty to call out this administration’s anti-immigrant fearmongering for what it is: a racist lie.

It’s well documented that immigrants — even undocumented immigrants — commit fewer crimes than American-born citizens. And diverse, sanctuary cities such as Oakland are seeing dramatic decreases in crime.

Back at Harvard, I was proud to show how our community has increased the number of college-enrolled, African American students by 14 percent and Latino students by 11 percent in just one year. We’re determined to close the achievement gap one student, one family and one community at a time.

We call our plan the Oakland Promise. It exemplifies America’s promise. Because Oakland doesn’t obstruct justice, we seek it.

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Fools and Constitutional scofflaws that they are, Trump, Sessions, and ICE are on a path to invite the Article III Federal Courts to review prosecutorial decisions.  Normally, Federal Courts give the Executive wide latitude in deciding which cases to investigate and prosecute. About the only known limit is where the prosecution clearly is based in invidious racial, religious, of political grounds.

By setting forth the public framework for politically motivated prosecutions of public officials who resist the Trump/Sessions program of coercing state and local officials and terrorizing local communities, the Trumpsters are almost guaranteeing that their prosecutorial decisions relating to public officials will be subject to at least some degree of judicial scrutiny. Their constant abuses of Executive authority are likely to weaken the power of future Executives. Given their extraordinarily poor example, that’s probably a  good thing for the country!

 

PWS

05-19-18

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.

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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

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

 

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.”

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

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

 

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

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

MEET THE GOOD GUYS: NOVA SUPERSTAR IMMIGRATION ATTORNEY AVA BENACH HELPS “DREAMER TYPES” & THEY HELP AMERICA – THIS IS THE WAY THE SYSTEM CAN WORK WHEN YOU GET BEYOND THE WHITE NATIONALIST XENOPHOBIA OF TRUMP, SESSIONS, & MILLER & WHEN GREAT LAWYERS GET INVOLVED!

https://www.washingtonpost.com/local/she-was-almost-deported-as-a-teen-now-she-helps-frightened-versions-of-herself/2018/02/15/b39969a8-1245-11e8-9065-e55346f6de81_story.html

Petula Dvorak writes in the Washington Post:

“She was almost deported as a teen. Now she helps frightened versions of herself.


Liana Montecinos is a senior paralegal at Benach Collopy in Washington. She was 17 and about to be deported when lawyer Ava Benach helped her win asylum. (Jahi Chikwendiu/The Washington Post)

Columnist February 15 at 3:39 PM

On many days in the shiny, sleek law office — in her sharp suit and sweeping view of Washington — she revisits all the horrors most people would want to forget:

The drunk men bursting into her tiny, adobe home at night, terrorizing the 15 children who lived there.

The walk across three countries, fearing for her life the entire way.

The months of eating nothing but beans and rice.

These are the same stories Liana Montecinos hears just about every time the 29-year-old paralegal sits down with a client.

Ava Benach, from left, Satsita Muradova and Liana Montecinos chat at their law office. (Jahi Chikwendiu/The Washington Post)

She doesn’t have to go there. She’s an American citizen and a third-year law student with a great future in front of her. But instead of going into something lucrative — corporate law, for example — she’s sticking with the law firm that helped her get political asylum.

“Being an immigrant and serving immigrants, it’s a very special connection,” Montecinos said.

And by doing that, she spends her days with frightened versions of herself.

I wanted to tell Montecinos’s story as Congress grapples with the fate of 1.8 million “dreamers,” the undocumented immigrants who were brought to this country as children. They face deportation under President Trump unless Congress can find a way to reinstate the protection they were given by President Barack Obama.

Montecinos was brought across the border by a relative in 1999, when she was 11 years old, after walking — yes, actually walking — from Honduras, across Guatemala, then across Mexico, crossing the Rio Grande into the United States.

She joined her mother in Northern Virginia — they had been separated since she was an infant and she had been raised by her grandmother — and her life was transformed.

She played volleyball and basketball in her Falls Church high school. She was a cheerleader and soccer player. She took Advanced Placement classes.

But no matter how well she was doing in school and no matter how faint her accent became, she knew it could all fall apart any second.

And it nearly did when she was 17 and applied for legal status. Instead, the government began removal proceedings. She was going to be deported.

But it didn’t stop her from graduating from high school and enrolling at George Mason University, where she received a scholarship to cover the triple-tuition she had to pay as an undocumented student.

The scholarship’s donor — Helen Ackerman — introduced Montecinos to D.C. immigration attorney Ava Benach, who took on her complex case. What followed was a 10-year struggle.

“I met Liana when she was 17 years old,” Benach said. “And I knew she was special. She was out there, trying to figure out her own immigration status. I felt a very parental desire to help her.”

So they took on the case together, with Montecinos never giving up.

“I’d be doing an all-nighter, knowing I had a hearing the next day and the judge could send me away and it would all be for nothing,” she said.

But she kept studying, striving and working. You know how folks are always saying “Why don’t they just get legal?” It’s not that easy.

It took 10 years of hearings and arguments to convince a judge that she faced threats and violence in Honduras, in that tiny, adobe house, and that her hard work in school, model citizenship and potential were enough to grant her a place in American society.

Asylum is granted only to someone who faces persecution in their home country. And that persecution has to be for one of five reasons: your race, religion, nationality, membership in a particular social group, or your political opinion.

“It has to fit in one of five boxes,” Benach said. And her life’s work is helping her frightened clients qualify.

Montecinos was granted asylum and citizenship on June 29, 2016.

“For many, becoming a U.S. citizen is the last part of the process,” Montecinos wrote on her Facebook page that day. “For others, like myself, it is the beginning to end 16 plus years of uncertainty and of fear of a forceful return to imminent harm.”

She called herself “extremely blessed and thankful for such a privilege, which is denied to many,” she said. “This path, however, was not easy. It was not short. It was not cheap.”

She is in her third year of law school at the University of the District of Columbia, where she received a Student Humanitarian and Civic Engagement award on Thursday.

In her spare time, you see, she runs a nonprofit group she founded, United for Social Justice, which helps low-income, first-generation Americans get access to higher education. Oh, and she coaches and plays on a bunch of soccer teams.

When she meets with the undocumented children who are like her, the ones she is fighting for, it reminds her of her struggle.

Though her own story is horrible — think of being 11 and scared, hiding your face with blankets as you cross strange villages where people are yelling “pollos mojados” (wet chickens) at you, not knowing where you’re going — her clients recount even more heart-stopping stories.

She hears from children who were kidnapped, who rode for days on top of speeding trains, afraid to fall asleep because they’d fall off, from a little girl who was gang-raped in front of her father.”

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

Ava has a “Major League” legal mind to go with a “heart of gold!” She and her colleagues from her firm appeared on many occasions before me at the Arlington Immigration Court.

This article aptly illustrates one of the points I often make.  Asylum law has intentionally been “jacked” against Central Americans by a non-independent BIA working under pressure from politicos to limit protections to large groups. Nevertheless, with a good lawyer (e.g., one who isn’t afraid to argue the BIA’s — often otherwise ignored — favorable precedents back to them and to take wrong BIA denials to the Court of Appeals if necessary), resources to build and document a case, and persistence, most of the “Dreamers” probably could win some type of relief in Immigration Court if not at the Asylum Office or elsewhere at USCIS.

But, what rational reason could there be for forcing folks like Liana Montecinos who are already here, part of our society, and just want to become taxpaying citizens and REALLY “Make America Great” (not to be confused with the disingenuous racist slogan of Trump and his White Nationalist “base”) go through such a laborious process? And what possible rationale could there be for wasting the time of an already overburdened Immigration Court system with cases of individuals who clearly should be welcomed and accepted into American society without being placed in “Removal Proceedings?” Also, what would be the rationale for trying to artificially “speed up” complex cases like Liana’s and trying to make life difficult for talented lawyers like Ava?

The answer is clear: there is NO rationale for the “Gonzo” Immigration enforcement and “designed chaos and attack on Due Process in Immigration Court” that Trump, Miller, Sessions, Nielsen, Tom Homan and their ilk are trying to ram down our throats. Sessions is the problem for justice in our Immigration Courts; lawyers like Ava are a key part of the solution! Clearly, the U.S. Immigration Courts are too important to our system of justice to be left in the clutches of a biased, “enforcement only,” White Nationalist, xenophobic opponent of individual due process like Jeff Sessions! American needs an independent Article I U.S. Immigration Court! Harm to the least and most vulnerable among us is harm to all!

The good news is that folks like Ava and her fellow “Generals” of the “New Due Process Army” are out there to fight Trump, Sessions & Company and their White Nationalist, anti-American actions every step of the way and to vindicate the Constitutional and legal rights of great American migrants like Liliana and millions of others similarly situated. They are “American’s future!” Trump, Sessions, Miller, et al., are the ugly past of America that all decent Americans should be committed to “putting in the rear-view mirror” where the “Trumpsters” live and belong! And, it won’t be long before Liliana becomes an attorney and a “full-fledged member” of the “New Due Process Army!”

Go Ava! Go Liliana! Due Process Forever! 

PWS

02-16-18

 

CRISTIAN FARIAS @ NEW YORK MAGGIE – THE HISTORY OF PROSECUTORIAL DISCRETION IN IMMIGRATION GOING ALL THE WAY BACK TO THE “BERNSEN MEMO” – WHY, CONTRARY TO SESSIONS & THE RESTRICTIONISTS, IT IS A SOUND LEGAL CONCEPT – AND WHY THE SUPREMES SHOULD STAY OUT OF THE DACA ISSUE IN THE LOWER COURTS! – PLUS BONUS TRIVIA! – “Who REALLY wrote that four decades old memo?

http://nymag.com/daily/intelligencer/2018/02/scotus-would-be-crazy-to-jump-into-the-daca-dispute.html

Cristian writes:

“The earliest, highest-profile critic of granting an executive reprieve to Dreamers was none other than Justice Antonin Scalia. The plight of young immigrants brought to the United States as children was not something the Supreme Court was concerned with in 2012, but the late justice somehow felt the need to protest, in open court, President Obama’s then weeks-old decision to not deport them for humanitarian reasons. “The president has said that the new program is, quote, the right thing to do, close quote, in light of Congress’ failure to pass the administration’s proposed revision of the immigration laws,” he said as he read from a summary of his partial dissent in Arizona v. United States. That case and decision had nothing to do with Dreamers.

Maybe Scalia’s real qualm was with the sitting president and not the recipients of the Deferred Action for Childhood Arrivals program, better known as DACA. But his broader point, which a Supreme Court majority rejected, was that states should have leeway in enforcing federal immigration laws, since they — and not undocumented immigrants — face the “human realities” of a broken immigration system. The citizens of border states like Arizona “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,” Scalia complained. Somewhere, a future President Trump may have been taking notes.

More than five years since that screed, the Supreme Court could soon get a chance to judge the propriety, if not the legality, of Trump’s decision last September to pull the plug on DACA. A federal judge in California in January ordered the reinstatement of the program, reasoning that its rescission rested on a “flawed legal premise” — namely, Jeff Sessions’s paper-thin conclusion that DACA was illegal the moment it was conceived. The judge also rejected as “spin” and “post-hoc rationalization” the Trump administration’s contention that DACA was vulnerable to a legal challenge by Texas and other states, which had threatened Sessions with a lawsuit if he didn’t kill the initiative outright. “The agency action was not in accordance with law because it was based on the flawed legal premise that the agency lacked authority to implement DACA,” wrote the judge, William Alsup, in a ruling that effectively brought DACA back from the dead. Days later, the administration began accepting renewal applications as if the rollback had never happened.

Legal scholars weren’t impressed with the ruling. And Sessions, not one to give up on Trump’s anti-immigrant crusade, then took the “rare step” of appealing Alsup’s decision directly to the Supreme Court — and why not? The Ninth Circuit, Trump’s least favorite appeals court, is unruly, liberal, and anti-Trump, anyway; leapfrogging it seemed the smart thing to do. What’s more, Sessions wanted the justices to act expeditiously — his solicitor general filed an additional request to decide the case before the end of June. Not doing so, he suggested, would be the same as blessing “indefinitely an ongoing violation of federal law being committed by nearly 700,000 aliens.” So much for Trump’s wish to treat Dreamers “with heart.” There was only one problem: The Supreme Court rarely, if ever, lets anyone skip over the regular appeals process. And if Sessions is in such a hurry, why didn’t the administration seek to block Alsup’s ruling rather than comply with it? Last Friday, a coalition that includes the University of California, several states, a local chapter of the SEIU, and a number of Dreamers told the Supreme Court to reject the Trump administration’s request to hear the case. The DACA mess, this alliance broadly contended, is Trump’s and Congress’s to own, and the justices shouldn’t be the ones fixing it, at least not with the urgency Sessions is demanding.

. . . .

The principle of prosecutorial discretion, which is what holds DACA together, was never once discussed by Sessions when he announced the wind-down of DACA. He didn’t even try. Prosecutorial discretion wasn’t some novelty that Napolitano came up with at the time, let alone a quirk of immigration law. In a path-breaking memorandum written some 40 years ago, Sam Bernsen, the general counsel of the now-defunct Immigration and Naturalization Service, advised the agency’s commissioner that the “ultimate source for the exercise of prosecutorial discretion” lies with the inherent powers of the presidency. “Under Article II, Section 1 of the Constitution, the executive power is vested in the President,” Bernsen wrote in what is believed to be the first in a long string of government memos justifying prosecutorial discretion in the immigration realm. “Article II, Section 3, states that the President ‘shall take care that the laws be faithfully executed.’” Ironically, conservatives would later seize on this “take care” language to argue breathlessly that Obama’s immigration actions were an affront to the constitutional text, but no judge took that argument seriously.

Far and wide, executive officers enjoy similar discretion to enforce the law. From the president down to a lowly street cop, every law enforcer, state or federal, exercises some form of prosecutorial discretion over the laws they’re entrusted to oversee. It’s the reason you don’t always get ticketed for jaywalking or pulled over for doing 65 on a 55, even in instances where you happen to do those things in full view of the police: The government has ample discretion to not go after you if it feels you’re a low-priority lawbreaker. Maybe the 75-miles-per-hour driver is the bigger fish. Whichever the case, the decision is, by and large, unchallengeable. “Federal officials, as an initial matter, must decide whether it makes sense to pursue removal at all,” wrote Justice Anthony Kennedy in the same immigration ruling that Scalia assailed in 2012. “Discretion in the enforcement of immigration law embraces immediate human concerns,” he added.

Kirstjen Nielsen, the new DHS secretary, and Trump himself have all but conceded the point in recent weeks. In an interview with CBS’s John Dickerson, Nielsen said that it’s “not the policy of DHS” to go after Dreamers who are DACA recipients, even if the current legislative talks fail and the program isn’t renewed. “It’s not going to be a priority of the Immigration and Customs Enforcement to prioritize their removal,” Nielsen clarified, directly contradicting the Department of Justice’s position on DACA before the Supreme Court. (Dreamers and immigration advocates know better than to trust Nielsen’s assurances.) Asked last month if he might extend the arbitrary March 5 end date of the DACA rollback process — which is no longer the end date as a result of Judge Alsup’s ruling — Trump spoke as if he never truly believed, like Sessions did, that deferred action was unlawful: “I certainly have the right to do that if I want.”

In this climate, and with Trump still fielding immigration offers as Congress faces yet another deadline to fund the government, the Supreme Court would be crazy to jump into the DACA controversy. “I think for the Supreme Court to reach down to a district court decision and not allow the normal appellate process to proceed would necessarily, under the circumstances, involve or indicate that the Supreme Court is signaling its involvement in a deeply political matter,” Napolitano told me. Scalia may have felt comfortable criticizing policy choices from the bench, but that doesn’t mean Chief Justice John Roberts and his colleagues have to take the bait. For their own peace of mind and that of Dreamers, the Court is better off staying as far away as possible, and letting Trump take care of the laws that give him broad authority to spare young undocumented immigrants if he really wants to.”

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

Read the rest of Cristian’s analysis, including his detailed interview with former DHS Secretary Janet Napolitano, now President of the University of California System and a plaintiff in the District Court case, over at New York at the above link.

SPECIAL BONUS:

From the “archives” here’s a copy of the famous “Bernsen Memo” of July 15, 1976:

Bernsen Memo service-exercise-pd

YOUR TOSSUP IMMIGRATION TRIVIA QUESTION OF THE DAY:

Who actually wrote the “Bernsen Memo?”  

(Hint: Look at the bottom of the last page.)

NEW BIA PRECEDENT SAYS DUI “IS A SIGNIFICANT ADVERSE CONSIDERATION IN BOND PROCEEDINGS” & FINDING OF “DANGEROUSNESS” CAN’T BE “OFFSET” BY CLOSE FAMILY & COMMUNITY TIES IN THE U.S. – MATTER OF SINIAUSKAS, 27 I&N Dec. 207 (BIA 2018)

3914–DUI-Bond

Matter of SINIAUSKAS, 27 I&N Dec. 207 (BIA 2018)

BIA HEADNOTE:

“(1) In deciding whether to set a bond, an Immigration Judge should consider the nature and circumstances of the alien’s criminal activity, including any arrests and convictions, to determine if the alien is a danger to the community, but family and community ties generally do not mitigate an alien’s dangerousness.

(2) Driving under the influence is a significant adverse consideration in determining whether an alien is a danger to the community in bond proceedings.”

BIA PANEL: Appellate Immigration Judges MALPHRUS, MULLANE, and GREER

OPINION BY: Judge Garry D. Malphrus

KEY QUOTE:

“The issue in this case is whether the respondent is a danger to the community, and family and community ties generally do not mitigate an alien’s dangerousness. While there may be a situation where a family member’s or other’s influence over a young respondent’s conduct could affect the likelihood that he would engage in future dangerous activity, this is not such a case. The respondent is an adult and has not shown how his family circumstances would mitigate his history of drinking and driving, except to explain that the most recent incident occurred on the anniversary of his mother’s death. The factors that the respondent claims mitigate or negate his dangerousness existed prior to his most recent arrest, and they did not deter his conduct.

We recognize that the Immigration Judge set a significant bond of $25,000, which he said “reflects the seriousness with which this court views the respondent’s repeated conduct.” However, an Immigration Judge should only set a monetary bond if the respondent first establishes that he is not a danger to the community. Matter of Urena, 25 I&N Dec. at 141.

This is not a case involving a single conviction for driving under the influence from 10 years ago. The respondent has multiple convictions for driving under the influence from that period and a recent arrest for the same conduct, which undermines his claim that he has been rehabilitated. Under these circumstances, we are unpersuaded that the respondent has met his burden to show that that he is not a danger to the community. See Matter of Fatahi, 26 I&N Dec. at 793−94. We therefore conclude that he is not eligible for bond. Accordingly, the DHS’s appeal will be sustained, the Immigration Judge’s decision will be vacated, and the respondent will be ordered detained without bond.”

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

As an Immigration Judge, I would have come out the same way the BIA did on this case. I would not have set bond.

For me, that the respondent was arrested again for DUI, ten years after his last of three previous DUI convictions, is telling. It shows me that the problem is a continuing one that has not been solved by passage of time or counseling, that the respondent still hasn’t “gotten the picture” about the dangers of DUI, and, significantly, that I couldn’t trust him not to DUI again or get in some other trouble while out on bond.

Less face it, stressful and traumatic events are a constant occurrence in life, particularly for someone already in Removal Proceedings. Therefore, I wouldn’t “buy” the respondent’s argument that the anniversary of his mother’s death was a “one-timer” that wouldn’t happen again.

What if he loses his job, what if a family member has a medical emergency, what if he has domestic problems — all of these fairly common traumas in our community. Why won’t he react the same way he did to the one-year anniversary of his mother’s death? Also, having a LPR wife, USC daughter, and a possible avenue for legal immigration didn’t seem to “motivate” him to say away from trouble. If he DUIs again while awaiting hearing, it’s on my hands. No thanks.

No, I’d rather have a full hearing on this respondent in detention where I know here won’t get into any more trouble in the meantime. If, after that hearing he qualifies for some relief and the equities outweigh the adverse factors, then so be it. I’d grant the case. But, I wouldn’t trust this guy out on the street on my bond during the several years it might take to get to a case such as this on the Arlington non-detained docket. “Getting to the bottom” of complicated cases like this is the purpose of the Individual Merits Hearings.

That said, if the pending DUI changes were dismissed or he were found “not guilty,” I’d be willing to “revisit” the bond.

So, what’s the danger with the BIA’s decision here. That it will be misread by the DHS or Immigration Judges for things the BIA didn’t hold:

  • The BIA did not say that bond could never be granted in a DUI case, even where there was a recent arrest;
  • The BIA also did not say that family and community support could never be a factor in assessing “dangerousness.” On the contrary, the BIA recognized that there could be situations where the influence of family or community members would be a proper factor for the Immigration Judge to consider in assessing dangerousness. For example, I found that having family members or co-workers who would drive the respondent to work and counseling as well as involvement in community or church-based alcohol avoidance groups were often strong predictors that individuals could avoid future alcohol-related problems. But, sadly, in this case, neither family nor past efforts at rehabilitation seem to have worked.

PWS

02-05-18

 

JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!

https://slate.com/news-and-politics/2018/02/the-nativist-blueprint-for-trumps-immigration-plan.html

Jamelle writes in Slate:

“State of the Union on Tuesday night, “one that admits people who are skilled, who want to work, who will contribute to our society, and who will love and respect our country.”

The president and his allies claim such an immigration policy would promote cohesion and unity among Americans “and finally bring our immigration system into the 21st century.” Far from forward-facing, however, the president’s policies evoke the beginning of the 20th century, when war abroad and opportunity at home brought waves of immigrants to the United States, from Italians, Polish, and Russians to Chinese and Japanese. Their arrival sparked a backlash from those who feared what these newcomers might mean for white supremacy and the privileged position of white, Anglo-Saxon Americans. Those fears coalesced into a movement for “American homogeneity,” and a drive to achieve it by closing off America’s borders to all but a select group of immigrants. This culminated in 1924 with the Johnson-Reed Act, which sharply restricted immigration from Southern and Eastern Europe and all but banned it from much of Asia.

Members of the Trump administration have praised the Johnson-Reed Act for its severe restrictions on who could enter the country, and the act’s history helps illuminate what exactly Trump means when he says he wants to put “America first.”

The cohesion Trump espouses isn’t national or ideological. It is racial. The fight over immigration isn’t between two camps who value the contributions of immigrants and simply quibble over the mix and composition of entrants to the United States. It is between a camp that values immigrants and seeks to protect the broader American tradition of inclusion, and one that rejects this openness in favor of a darker legacy of exclusion. And in the current moment, it is the restrictionists who are the loudest and most influential voices, and their concerns are driving the terms of the debate.

At the heart of the nativist idea is a fear of foreign influence, that some force originating abroad threatens to undermine the bonds that hold America together. What critics condemned as “Know Nothing-ism” in the 19th century, adherents called Americanism. “The grand work of the American party,” said one nativist journal in 1855, “is the principle of nationality … we must do something to protect and vindicate it. If we do not, it will be destroyed.”

In the first decades of the 20th century, the defense of “the principle of nationality” took several forms. At the level of mass politics, it meant a retooled and reinvigorated Ku Klux Klan with a membership in the millions, whose new incarnation was as committed to anti-immigrant, anti-Catholic, and anti-Semitic politics as it was to its traditional anti-black racism. In Behind the Mask of Chivalry: The Making of the Second Ku Klux Klan, historian Nancy MacLean notes how Georgia Klan leader William Joseph Simmons warned his followers that they were, in his words, “being crowded out by a “mongrel population … organized into Ghettos and Communistic groups … and uplifting a red flag as their insignia of war.” Likewise, Klan leaders and publications blasted Catholic immigrants as “European riff-raff” and “slaves of ignorance and vice” who threatened to degrade the country at the same time that they allegedly undermined native-born white workers. When, in 1923 and 1924, Congress was debating the Johnson-Reed Act, the Klan organized a letter-writing campaign to help secure its passage, turning its rhetoric into political action.

At the elite level, it meant the growth of an intellectual case for nativism, one built on a foundation of eugenics and “race science.” Prominent scholars like Madison Grant (The Passing of the Great Race) and Lothrop Stoddard (The Rising Tide of Color Against White World Supremacy) penned books and delivered lectures across the country, warning of a world in which “Nordic superiority” was supplanted by those of so-called inferior stock. “What is the greatest danger which threatens the American republic today?” asked eugenicist Henry Fairfield Osborn in the preface to Grant’s book. “I would certainly reply: The gradual dying out among our people of those hereditary traits through which the principles of our religious, political and social foundations were laid down and their insidious replacement by traits of less noble character.” The aim of the nativists was to preserve those traits and admit for entry only those immigrants who could fully and easily assimilate into them.

. . . .

It is true that there are some more moderate restrictionists in the mix, for whom the drive to reduce legal immigration is driven by concern and prudence—concern over immigration’s impact on wage and employment, especially among the country’s working-class citizens, and prudence regarding our ability to assimilate and absorb new arrivals.

The facts do not support these misgivings. Low-skilled immigration does more to bolster prospects for working-class Americans—providing complementary employment to construction and farm labor—than it does to lower wages. Likewise, immigrants to the United States have shown a remarkable capacity for assimilation, quickly integrating themselves into the fabric of American life by building homes, businesses, and families. To the extent that native-born workers need protection, it’s best provided by stronger unions and more generous support from the government.

But those moderate voices aren’t setting the agenda. Instead, it’s the hardliners who have used their initiative to inject nativism into mainstream politics and channel, in attenuated form, the attitudes that produced the 1924 law. President Trump, for example, ties Hispanic immigrants to crime and disorder, blaming their presence for gang violence. He attributes terror attacks committed by Muslim immigrants to the “visa lottery and chain migration” that supposedly allows them unfettered access to American targets. And in a recent meeting with Democratic and Republican lawmakers, Trump disparaged Haiti and various African nations as “shitholes” (or “shithouses”) whose immigrants should be turned away from the country in favor of those from European countries, like Norway. It’s unclear if Trump is aware of Rep. Albert Johnson, who spearheaded the 1924 immigration law. But in his racial ranking of immigrants, the president echoed the congressman’s sentiments. “The day of unalloyed welcome to all peoples, the day of indiscriminate acceptance of all races, has definitely ended,” proclaimed Johnson on the passage of the bill that bore his name.

The president isn’t alone in his views. Before joining the Trump administration, former White House adviser Stephen Bannon openly opposed nonwhite immigration on the grounds that it threatened the integrity of Western nations. And while Bannon has been exiled from Trump’s orbit, that legacy lives on. Stephen Miller, who is now the driving force behind immigration policy in the Trump administration, is a notorious hardliner who has echoed Bannon’s views, bemoaning the number of foreign-born people in the United States.

Miller is the former communications director for and protégé of Jeff Sessions, who as Alabama’s senator praised the Johnson-Reed Act and its restrictions on foreign-born Americans. “When the numbers reached about this high in 1924, the president and Congress changed the policy, and it slowed down immigration significantly,” Sessions said in a 2015 interview with Bannon. “We then assimilated through the 1965 and created really the solid middle class of America, with assimilated immigrants, and it was good for America.”

As attorney general, Sessions has leaned in to these views. “What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful?” said Sessions during a recent interview on Fox News. “That is not what a good nation should do, and we need to get away from it.” Rep. Steve King of Iowa, a staunch defender of Trump, is especially blunt in his defense of hardline immigration policies. “Assimilation, not diversity, is our American strength,” he said on Twitter last year.

Assimilation in those middle decades of the 20th century was built, to a considerable extent, on racial exclusion. It was assimilation into whiteness, one which bolstered and preserved the racial status quo. There’s no return to the America of that era, but one could slow the nation’s demographic transition. The White House proposals for immigration reform seem designed to do just that. According to an analysis from the Cato Institute, President Trump’s framework for immigration would slash entries by 44 percent, excluding almost 22 million people from the United States over the next 50 years. And in an analysis tied to the “Securing America’s Future Act”—a House-produced bill which hews closely to what the president wants—the Center for Global Development finds that white immigrants would be twice as likely to attain entry into the United States than black and Hispanic ones, while a majority of Muslim and Catholic immigrants would be barred from the country. Couple these measures with voter suppression, a biased census, apportionment by citizenship, extreme gerrymandering, and the existing dominance of rural counties in national politics, and you can essentially rig the system for the preservation of white racial hegemony.

Immigration policy is inextricably tied to our nation’s self-identity. What we choose to do reflects the traditions we seek to uphold. In the 1920s, most Americans wanted a more homogenous country, and they chose accordingly. Forty years later, in the midst of the civil rights revolution and a powerful ethos of inclusion, Americans reversed course, opening our borders to millions of people from across the globe. In this moment, we have two options. We can once again take the path that wants to keep “America for Americans,” and which inevitably casts American-ness in ways circumscribed by race, origin, and religion. Or we could try to realize our cosmopolitan faith, that tradition of universalism which elevates the egalitarian ideals of the Founding, and which seeks to define our diversity of origins as a powerful strength, not a weakness to overcome.

portrait of Jamelle Bouie

Jamelle Bouie

Jamelle Bouie is Slate’s chief political correspondent.”

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

Read the complete article, with more historical references to the racist historical basis for today’s GOP restrictionist policies, at the link.

Actually, “Gonzo Apocalypto,” most of those Latino, African, Hispanic, and Middle Eastern immigrants that you look down upon and disrespect aren’t illiterate in their own countries. And, they probably speak and understand English better than you do their native languages.

While you, Gonzo, have spent most of your adult life on the “public dole,” trying to turn back the clock and, as far as I can see, doing things of questionable overall value to society, immigrants have been working hard at critical jobs, at all levels of our society, that you and your White Nationalist buddies couldn’t or wouldn’t be able to do. Hard-working immigrants, not your “White Nationalist Myth,” have advanced America in the latter half of the 20th Century and the beginning of the 21st Century. Immigrants will continue to make America stong, prosperous, and great, if you and your White Nationalist restrictionist cronies would only get out of the way of progress!

“We can once again take the path that wants to keep “America for Americans,” and which inevitably casts American-ness in ways circumscribed by race, origin, and religion. Or we could try to realize our cosmopolitan faith, that tradition of universalism which elevates the egalitarian ideals of the Founding, and which seeks to define our diversity of origins as a powerful strength, not a weakness to overcome.”

Right on, Jamelle!

PWS

02-02-18

STATE OF DISUNION! — TRUMP TRASHES IMMIGRANTS, THREATENS TO DESTROY CIVIL SERVICE — “[A] Flabby, Divisive Speech” From A “Shell President!”

//wapo.st/2npUucB?tid=ss_mail&utm_term=.310b0dd6e5ef

E.J. Dionne, Jr., in the Washington Post:

“President Trump leaned heavily on the stories of American heroes in his State of the Union address Tuesday night because he didn’t have much else to say. From the Coast Guard, the fire departments, the shop floor and many other quarters they came, providing structural support for a flabby speech that was one of the least adventurous and forward-looking efforts of its kind. Without the heroes, there would hardly have been any speech at all.

And while Trump opened his speech by calling on Americans “to set aside our differences, to seek out common ground,” he kept coming back to the most divisive themes of his presidency — from “chain migration” and highlighting the role of immigrants in criminality to his calls for all to stand for the flag. Trump did not so much ask his domestic adversaries to set aside their differences as to abandon their own views. Nothing in this speech will inspire his critics with new hope that Trump is serious about negotiating anything.

Trump bragged, of course, about his tax cuts, the economy, the stock market and slashing regulations. At moments, he even sounded as though he believed in activist government, calling on the country to “invest in job training,” “open great vocational schools” and to support “paid family leave.” But there were no specifics, no sense of how budgets, strained by the very tax cuts he extolled, would actually support these objectives. Words without concrete programs are words without deeds.

Similarly, he asked Congress “to produce a bill that generates at least $1.5 trillion for the new infrastructure investment our country so desperately needs.” Notice the squirrely wording — “that generates.” He didn’t say that the plan his administration has been working on would put up only $200 billion of that big number and rely either on state and local governments or private investors to provide the rest.

And as Paul Waldman noted on The Post’s Plum Line blog, the focus on private investment would “naturally privilege projects that can generate a profit for private companies, which probably won’t be the most sorely needed upgrades.” The Trump plan would do little for the hurting parts of the country that supported Trump in 2016. Again, words without deeds.

There was one passage that did suggest a real change that Trump would seek, and it was an alarming idea.

“All Americans deserve accountability and respect. And that’s what we are giving to our wonderful heroes our veterans,” Trump said. “So tonight, I call on Congress to empower every Cabinet secretary with the authority to reward good workers and to remove federal employees who undermine the public trust or fail the American people.”

This sounded like an attack on the entire civil service system. It sounded like a demand by Trump that he and those who work for him have the right to fire federal employees whenever he or they feel like it. Perhaps this idea will come with safeguards, perhaps not. Trump didn’t say.

And the alarm this idea inspired among all who are not sold on Trump reflected the fundamental failure of the address. Trump rose before Congress in the shadow of an investigation into Russian collusion in our elections that he and his allies in Congress are doing all in their power to attack, discredit and obstruct.

This call to broaden Trump’s right to fire brought to mind what the president did to then-FBI Director James B. Comey and might do to special counsel Robert S. Mueller III. Nothing in this speech transformed the public conversation in a way that lessened the burden of scandal. Nothing suggested any change in Trump’s behavior that might lead him to govern less divisively.

Yes, we cheered the heroes. They remind us of what is good in our country. Alas, their selflessness stands in stark contrast to our politics in the Trump era.”

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Will America really be able to withstand three more years of this incompetent and immoral man occupying (without truly filling) the highest office in our country? Will our public institutions really be able to withstand continuing attacks by spectacularly unqualified cabinet members and a GOP that feels more kinship to Putin’s Russia than it does to the majority of Americans? Will whatever emerges from this national nightmare and mockery of the “American Dream” be something that only White Nationalists and oligarchs will recognize?

Oh yeah, the Federal Civil Service and some courageous and dedicated Civil Servants are the only things holding our Federal Government together right now! Once that’s transformed into a haven for incompetent political hacks (see Trump’s White House staff & Cabinet appointments) the descent into the abyss will be rapid and, perhaps, irreversible.

Stay tuned!

In addition to the “Trump blather,” there was some “real news” coming from Washington last night. After years of drama, the Washington Redskins will part ways with QB Kirk Cousins. They signed a 4-year, $71 million deal with Alex Smith (lately of the KC Chiefs). Smith, a 13-yr. vet and 3-time Pro Bowler, was the NFL’s top-rated QB last year.

I always liked Kirk at MSU (except when he was beating my Badgers) and Washington. He’ll be a spectacular addition to any team, and I wish him well (except when he plays the Packers or Washington)! I hope he gets a ton of money and some better pass protection, receivers, and defense than he had with Washington.

PWS

01-31-18

PUTIN’S PATSIES: GOP RAMPS UP PLAN TO OBSTRUCT JUSTICE AT JUSTICE – With McCabe Ousted, DAG Rosenstein Appears To Be Next Target In GOP’s Move To Subvert American Government!

https://www.nytimes.com/2018/01/28/us/politics/rod-rosenstein-carter-page-secret-memo.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news

“WASHINGTON — A secret, highly contentious Republican memo reveals that Deputy Attorney General Rod J. Rosenstein approved an application to extend surveillance of a former Trump campaign associate shortly after taking office last spring, according to three people familiar with it.

The renewal shows that the Justice Department under President Trump saw reason to believe that the associate, Carter Page, was acting as a Russian agent. But the reference to Mr. Rosenstein’s actions in the memo — a much-disputed document that paints the investigation into Russian election meddling as tainted from the start — indicates that Republicans may be moving to seize on his role as they seek to undermine the inquiry.

The memo’s primary contention is that F.B.I. and Justice Department officials failed to adequately explain to an intelligence court judge in initially seeking a warrant for surveillance of Mr. Page that they were relying in part on research by an investigator, Christopher Steele, that had been financed by the Democratic National Committee and Hillary Clinton’s presidential campaign.

Democrats who have read the document say Republicans have cherry-picked facts to create a misleading and dangerous narrative. But in their efforts to discredit the inquiry, Republicans could potentially use Mr. Rosenstein’s decision to approve the renewal to suggest that he failed to properly vet a highly sensitive application for a warrant to spy on Mr. Page, who served as a Trump foreign policy adviser until September 2016.

A handful of senior Justice Department officials can approve an application to the secret surveillance court, but in practice that responsibility often falls to the deputy attorney general. No information has publicly emerged that the Justice Department or the F.B.I. did anything improper while seeking the surveillance warrant involving Mr. Page.

Mr. Trump has long been mistrustful of Mr. Rosenstein, the Justice Department’s No. 2 official, who appointed the special counsel, Robert S. Mueller III, and now oversees his investigation into Mr. Trump’s campaign and possible obstruction of justice by the president. Mr. Trump considered firing Mr. Rosenstein last summer. Instead, he ordered Mr. Mueller to be fired, then backed down after the White House counsel refused to carry out the order, The New York Times reported last week.

Mr. Trump is now again telling associates that he is frustrated with Mr. Rosenstein, according to one official familiar with the conversations.

It is difficult to judge whether Republicans’ criticism of the surveillance has merit. Although House members have been allowed to view the Republican memo in a secure setting, both that memo and a Democratic one in rebuttal remain shrouded in secrecy. And the applications to obtain and renew the warrant from the Foreign Intelligence Surveillance Court are even more closely held. Only a small handful of members of Congress and staff members have reviewed them.

Republicans on the House Intelligence Committee, whose staff wrote the memo, could vote as early as Monday, using an obscure House rule, to effectively declassify its contents and make it available to the public. Mr. Trump would have five days to try to block their effort, potentially setting up a high-stakes standoff between the president and his Justice Department, which opposes its immediate release.

The White House has made clear to the Justice Department in recent days that it wants the Republican memo to be made public. Asked about the issue on CBS’s “Face the Nation” on Sunday, Marc Short, the White House’s head of legislative affairs, said that if the memo outlined serious concerns, “the American people should know that.”

But Stephen E. Boyd, an assistant attorney general, warned in a letter last week to the committee’s chairman, Representative Devin Nunes of California, that it would be “extraordinarily reckless” to release a memo drawing on classified information without official review and pleaded with the committee to consult the Justice Department. He said the department was “unaware of any wrongdoing related to the FISA process.”

To obtain the warrant involving Mr. Page, the government needed to show probable cause that he was acting as an agent of Russia. Once investigators get approval from the Justice Department for a warrant, prosecutors take it to a surveillance court judge, who decides whether to approve it.

A Justice Department spokeswoman declined to comment, and a spokesman for Mr. Nunes did not reply to requests for comment. The people familiar with the contents of the memo spoke on the condition of anonymity because the details remained secret.

A White House spokesman, Hogan Gidley, said in a statement: “The president has been clear publicly and privately that he wants absolute transparency throughout this process. Based on numerous news reports, top officials at the F.B.I. have engaged in conduct that shows bias against President Trump and bias for Hillary Clinton. While President Trump has the utmost respect and support for the rank-and-file members of the F.B.I., the anti-Trump bias at the top levels that appear to have existed is troubling.”

Mr. Page, a former Moscow-based investment banker who later founded an investment company in New York, had been on the F.B.I.’s radar for years. In 2013, an investigation revealed that a Russian spy had tried to recruit him. Mr. Page was never charged with any wrongdoing, and he denied that he would ever have cooperated with Russian intelligence officials.

But a trip Mr. Page took to Russia in July 2016 while working on Mr. Trump’s campaign caught the bureau’s attention again, and American law enforcement officials began conducting surveillance on him in the fall of 2016, shortly after he left the campaign. It is unclear what they learned about Mr. Page between then and when they sought the order’s renewal roughly six months later. It is also unknown whether the surveillance court granted the extension.

The renewal effort came in the late spring, sometime after the Senate confirmed Mr. Rosenstein as the Justice Department’s No. 2 official in late April. Around that time, following Mr. Trump’s firing of James B. Comey as F.B.I. director in May, Mr. Rosenstein appointed Mr. Mueller, a former head of the bureau, to take over the department’s Russia investigation. Mr. Rosenstein is overseeing the inquiry because Attorney General Jeff Sessions has recused himself.

Sean Hannity, the Fox News host, who is close to Mr. Trump and House Republicans, signaled interest in Mr. Rosenstein this month as news of the memo’s existence first circulated, asking on air if Mr. Rosenstein had played a role in extending the surveillance. “I’m very interested about Rod Rosenstein in all of this,” he said.

In a speech on Friday in Norfolk, Va., Mr. Sessions appeared to wade into the debate. Without mentioning the Republican memo, he said that federal investigations must be free of bias, and that he would not condone “a culture of defensiveness.” While unfair criticism should be rebutted, he added, “it can never be that this department conceals errors when they occur.”

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Man, “Ol’ Vladi P” must wake up with an ear-to-ear grin every single morning! How could it get any better for him!

First, notwithstanding a solid year of totally unpresidential performance, moronic Tweets, intentional divisiveness, blatant lies, wanton environmental destruction, attacks on American’s health, kleptocracy, overt promotion of income inequality, and abandonment of American world leadership, about one-third of American voters love having a puppet (even an evil and incompetent one) for a President! Sometimes in the former “Soviet Satellites” that the old KGB-man loved so much, the “chosen one” never, ever got to that support level!

And, as if that’s not enough, Vladi’s “GOP Fellow Travelers” are busy tearing down the fabric of the American justice system and at the same time insuring that nobody will ever get to the bottom of Vladi’s well-documented attempts to “tank” the American electoral system and the several already-documented (formerly) secret contacts between officials of the Trump campaign and Vladi’s chosen Russian agents.

“Wow,” Vladi’s thinking, “all my predecessors spent all that time, money, and trouble ‘weaponizing,’ building up our military, overthrowing pro-American governments, infiltrating, starting wars in third countries, and supporting terrorists. But, I’ve gotten all of this from the dumb Yanks pretty much for free — just the investment in some basic hacking equipment that most high school kids could have developed in the basement, a few juicy rumors about “HRC,” and some rubles converted to dollars to underwrite some fake “consulting contracts” and I’ve got these guys destroying American democracy and world leadership without me lifting a finger or firing a shot! I’m a genius,” thinks Vladi!

Leaving the question, if Vladi’s a “genius” what does that make us, our elected puppet President, and his enablers?

PWS

01-29-18

 

ICEMEN GONE WILD: MINDLESS, COUNTERPRODUCTIVE, CRUEL, WASTEFUL “GONZO” IMMIGRATION ENFORCEMENT IS THE ORDER OF THE DAY UNDER THE TRUMP/SESSIONS REGIME! — “Have discretion and humanity been dropped from the attributes that Americans can expect of their law enforcement agencies?”

https://www.washingtonpost.com/opinions/unshackled-by-the-trump-administration-deportation-agents-discount-basic-decency/2018/01/28/0785a7b2-013d-11e8-bb03-722769454f82_story.html

From the Washington Post Editorial Board:

“IMMIGRATION AND CUSTOMS Enforcement, the federal agency whose deportation agents have been unshackled by the Trump administration, has intensified its efforts to such a degree that cruelty now seems no impediment to its enforcement decisions, and common sense appears to play a diminishing role.

Recent months have brought news of one senseless detention and deportation after another. From all appearances, the agency seems to have embraced the idea that it is just to sunder established families and separate immigrant parents from their U.S.-born children — even in cases involving garden-variety technical violations of immigration rules.

Yes, the Obama administration also deported some longtime residents who had committed no serious offenses, but its deportation efforts were focused on criminals. By contrast, detentions of immigrants with no criminal records more than doubled in the first year of President Trump’s administration — to 13,600 in 2017 from 5,498 in 2016. Evidently seized by a vainglorious notion of its mission, ICE too often discounts basic decency as a guiding tenet.

How else to explain the detention and imminent deportation of a 27-year-old Ohio man, arrested for driving without a license, who is the only means of financial support, and one of just two trained medical caregivers, for a 6-year-old paraplegic boy (who also happens to be a U.S. citizen)? How else to explain the deportation of a construction worker in Michigan, the father of 10- and 3-year-old U.S.-born boys, who provided critical help to police in Detroit in their investigation of a shooting?

How else to explain the airport arrest and deportation of a 22-year-old female college student from Spain, visiting the United States for a vacation at the invitation of a librarian at Oregon State University, on grounds that she would give Spanish lessons to the librarian’s young son for a few weeks — work for which she lacked the right visa? How else to explain the deportation of a 39-year-old landscaper living in the Detroit suburbs, a father and husband of U.S. citizens, who had lived in the United States since age 10 and whose record was so unblemished that it didn’t even feature a traffic violation? How else to explain the Israeli undergraduate at the University of California at San Diego, a “dreamer” studying legally in the United States, who was detained upon trying to cross back into the United States minutes after his roommate made a wrong turn on the highway, unintentionally driving into Mexico?

In its boilerplate communiques, the agency defends its actions by insisting that it prioritizes bona fide threats to national security and public safety but exempts no category of “removable alien” from enforcement. Which raises a question: Have discretion and humanity been dropped from the attributes that Americans can expect of their law enforcement agencies?”

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

In answer to the Post’s question: YES, thanks exactly what has been happening in America since the very beginning of the Trump regime — starting with the “Muslim Ban” and continuing with a consistent White Supremecist agenda! Many of us have been saying that all along!

We already have the “New American Gulag” — expanded “civil” immigration detention in substandard, potentially even deadly conditions, in obscure “out of sight, out of mind” locations. There, individuals, many deserving legal protection from the US under our laws, are denied fair access to counsel and railroaded out of the country in what essentially are “mock court” hearings conducted by “judges” controlled by notorious White Nationalist Jeff “Gono Apocalypto” Sessions.

Sessions and his minions encourage the judges to view individuals in removal proceedings as “production numbers, possible fraudsters, and potential terrorists,” rather than as vulnerable human beings deserving of fairness, respect, and due process.

To complement the “New American Gulag,” we now have the “New American Gestapo,” headed by Acting Chief ICEMAN Tom Homan. It’s an internal police force that operates without rules, rhyme, reason, or humanity — in other words arbitrary “Gonzo” enforcement intended to terrorize ethnic (primarily Latino) communities.

And, in case you haven’t read about it, ICE now has the capacity to electronically track the whereabouts and driving patterns of every license plate in America —- including YOURS! Of course they say that they will only use it for “legitimate” law Enforcement purposes.

But, for the “New American Gestapo” everything is “legitimate” — boundaries on law enforcement conduct and misconduct went out the widow when the Trumpsters crawled in. Remember, Gonzo essentially told local police forces he really didn’t care what they were doing to the civil rights of African-Americans and other minorities as long as they were enforcing the law and bringing crime rates down!

This is why ICE is well on its way to becoming the most hated, distrusted, and least respected police force in America.

Had enough of the Trump Administation’s trampling on Constitutional rights, civil rights, human rights, and just plain old human decency in America! Join the resistance!

The “New Due Process Army” (“NDPA”) is out there every day fighting for the Due Process and the legal rights of everyone in America and standing up against the excesses of the Trump Administration. Join their effort today!

PWS

01-29-18

 

 

 

 

GONZO’S WORLD: SOMEBODY’S GOT TO DO TRUMP’S “DIRTY WORK” AT JUSTICE — GONZO WELCOMES THE CHANCE – “CHATTER ON THE STREET” SAYS HE’S BEEN TERRIFIC AT IMPLEMENTING RACIST, WHITE NATIONALIST AGENDA AND “DECONSTRUCTING” JUSTICE IN AMERICA! – Damage To Rights Of American Blacks, Latinos, Gays, and Other “Targeted Groups” Could Be Long Lasting!

“Dirty Work” by Steely Dan.

Check it out here:

http://www.metrolyrics.com/dirty-work-lyrics-steely-dan.html

https://www.washingtonpost.com/news/the-fix/wp/2018/01/23/its-looking-more-and-more-like-jeff-sessions-is-doing-trumps-political-dirty-work/?utm_term=.20948af9517b

Aaron Blake reports for the Washington Post:

“The defining moment of Jeff Sessions’s time as attorney general has been when he recused himself from oversight of the Russia investigation. That quickly led to the appointment of special counsel Robert S. Mueller III, who is now extensively probing President Trump. And by all accounts, it seriously strained Sessions’s relationship with Trump, who thinks Sessions should be protecting him and doing his bidding.

But there are increasing signs that Sessions has indeed done plenty of Trump’s bidding behind closed doors. And he’s done it on some dicey and very politically tinged issues — so much so that he made Trump’s second FBI director deeply uncomfortable with the whole thing.

The Post’s Devlin Barrett and Philip Rucker report that Sessions has pressured FBI Director Christopher A. Wray to get rid of his deputy Andrew McCabe, a holdover from James B. Comey’s FBI and favorite target for Republicans alleging bias in federal law enforcement. Some have reported that Wray even threatened to resign; The Post is reporting that he did not explicitly do so.

Here’s the meat of it all:

Sessions, Republican lawmakers and some members of the Trump administration have argued for weeks that Wray should conduct some kind of housecleaning by demoting or reassigning senior aides to his predecessor, Comey, according to people familiar with the matter. These people added that Sessions himself is under tremendous political pressure from conservative lawmakers and White House officials who have complained that the bureaucracy of federal law enforcement is biased against the president.

Trump has made no secret of his distaste for McCabe, even tweeting about it repeatedly after McCabe announced last month that he would soon retire, when he becomes eligible for full pension benefits. Trump’s tweets date back to the summer and have focused on McCabe’s wife’s run for the Virginia state legislature as a Democrat and ties to Hillary Clinton.

. . . .

In other words, Trump has publicly stated his preference for Sessions to try to get rid of McCabe, and he has suggested Wray do it as well. Now we find out Sessions did indeed attempt it, and Wray resisted it.

But it’s only the latest evidence that Sessions and his Justice Department are taking specific actions that Trump has publicly urged, even as they, in some cases, risk looking like they are in service to Trump’s political goals.

The New York Times reported recently that a Sessions aide went to Capitol Hill last year seeking derogatory information about Comey at a time when Trump clearly had his eyes on firing Comey. (A Justice Department spokesman has denied this occurred.) There are also reports that the Justice Department is considering a revival of its investigation into Hillary Clinton’s emails, which Trump has repeatedly called for. And back in August, Sessions announced a ramped-up effort to root out leakers in the federal government — just days after Trump tweeted that Sessions had taken “a VERY weak position” on the issue.

(Remarkably, Trump actually hit Sessions for his weak positions on both leakers and Clinton’s emails in the same tweet. The Justice Department now appears to be addressing both.)

The Post’s Josh Dawsey and Matt Zapotosky even reported last month that Sessions has engaged in an all-out campaign to regain Trump’s faith by pointing to things the Justice Department has done in service of Trump’s agenda. That’s a pretty remarkable state of affairs.

Some of these things are issues on which Sessions has clearly sided with Trump, especially the dangers of leakers. So it’s perhaps no surprise Sessions would pursue them. But the fact that Trump called for these actions before Sessions was reported to have taken them sure makes it look like he’s taking direction from Trump — or at least succumbing to pressure that Trump and others have brought to bear.

Sessions has also, notably, resisted that pressure at times. During congressional testimony in November, he very publicly shunned a Republican lawmaker’s conspiracy theory — one to which Trump has also alluded — about how the federal government may have colluded with Democrats to spy on Trump’s campaign. Sessions said the issue didn’t rise to the level of appointing a special counsel.

But the picture of what Sessions is doing behind the scenes is increasingly suggesting that Trump’s very public hints that his attorney general should do this or that have often resulted in those specific actions. And especially when it comes to things such as trying to force out McCabe or reportedly dig up dirt on Comey, it sure makes it look like Sessions is using his authorities to try to address Trump’s political aims.

And for an attorney general who leads the federal law enforcement that is currently investigating the president and his team, that’s a perception problem, at best.”

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Read Blake’s full article, complete with “Tweet Texts,” at the link.

Meanwhile “chatter” surrounding the DOJ credits Sessions for doing a “bang up” job of implementing his racist, White Nationalist agenda at Justice. Basically, according to some, he’s very effectively shifting the Government’s resources, focus, and litigating capacity to insuring  that no element of White privilege or far-Right religious intolerance goes unprotected.

At the same time, he’s using basically bogus or at least highly misleading “statistics” to “rev up” racist fervor against immigrant, primarily Latino communities and Democratic local officials who won’t go along with his program of attempting to draw false connections between immigrants and crime and terrorism. Meanwhile, he essentially has consigned the rights of African-Americans, Latinos, Immigrants, Migrants, Women who seek abortions, and the LGBTQ community to the “trash-bin of Justice.” Many who care about the future of racial equality and social justice in America are concerned that this type of “deep damage” to our justice system can’t easily be undone or repaired, even after Sessions and his “wrecking crew” finally depart the “Halls of Injustice.”

Reportedly, Sessions has been ably assisted in his campaign “to take the justice out of Justice” by Associate Attorney General Rachel B. Brand, the “number three” person at Justice. Brand, a former Assistant Attorney General for the Office of Legal Policy under Bush II, DOJ “vet,” and apparent “true believer” in the Radical Right, maintains a much “lower profile” than the ever controversial Sessions. But, apparently she and those under her excel at undoing and “deconstructing” all of the “social justice” achievements of the Obama Administration.

Following the “Watergate Disaster” in the 1970, where the Nixon Administration’s blatant politicization of the DOJ became a national scandal, succeeding Administrations, in my view, more or less “backed off” of obvious political partisanship at the DOJ. But, as Watergate becomes a “mere tiny image in the rearview mirror,” that “tradition of restraint” has gradually eroded. Sounds to me like the “Watergate Era” has basically returned to the DOJ. This time, and quite sadly for our Constitutional system of Government and the U.S. Justice System, there is some doubt as to whether it will ever depart again.

PWS

01-28-18