"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
Stephen Miller is an Immigration Hypocrite. I Know Because I’m His Uncle.
If my nephew’s ideas on immigration had been in force a century ago, our family would have been wiped out.
By DAVID S. GLOSSER
Brendan Smialowski/AFP/Getty Images
Let me tell you a story about Stephen Miller and chain migration.
It begins at the turn of the 20th century in a dirt-floor shack in the village of Antopol, a shtetl of subsistence farmers in what is now Belarus. Beset by violent anti-Jewish pogroms and forced childhood conscription in the Czar’s army, the patriarch of the shack, Wolf-Leib Glosser, fled a village where his forebears had lived for centuries and took his chances in America.
He set foot on Ellis Island on January 7, 1903, with $8 to his name. Though fluent in Polish, Russian, and Yiddish he understood no English. An elder son, Nathan, soon followed. By street corner peddling and sweat-shop toil Wolf-Leib and Nathan sent enough money home to pay off debts and buy the immediate family’s passage to America in 1906. That group included young Sam Glosser, who with his family settled in the western Pennsylvania city of Johnstown, a booming coal and steel town that was a magnet for other hard-working immigrants. The Glosser family quickly progressed from selling goods from a horse and wagon to owning a haberdashery in Johnstown run by Nathan and Wolf-Leib to a chain of supermarkets and discount department stores run by my grandfather, Sam, and the next generation of Glossers, including my dad, Izzy. It was big enough to be listed on the AMEX stock exchange and employed thousands of people over time. In the span of some 80 years and five decades, this family emerged from poverty in a hostile country to become a prosperous, educated clan of merchants, scholars, professionals, and, most important, American citizens.
What does this classically American tale have to do with Stephen Miller? Well, Izzy Glosser, is his maternal grandfather, and Stephen’s mother, Miriam, is my sister.
I have watched with dismay and increasing horror as my nephew, who is an educated man and well aware of his heritage, has become the architect of immigration policies that repudiate the very foundation of our family’s life in this country.
I shudder at the thought of what would have become of the Glossers had the same policies Stephen so coolly espouses— the travel ban, the radical decrease in refugees, the separation of children from their parents, and even talk of limitingcitizenship for legal immigrants— been in effect when Wolf-Leib made his desperate bid for freedom. The Glossers came to the U.S. just a few years before the fear and prejudice of the “America First” nativists of the day closed U.S. borders to Jewish refugees. Had Wolf-Leib waited, his family would likely have been murdered by the Nazis along with all but seven of the 2,000 Jews who remained in Antopol. I would encourage Stephen to ask himself if the chanting, torch-bearing Nazis of Charlottesville, whose support his boss seems to court so cavalierly, do not envision a similar fate for him.
Like other immigrants, our family’s welcome to the USA was not always a warm one, but we largely had the protection of the law, there was no state sponsored violence against us, no kidnapping of our male children, and we enjoyed good relations with our neighbors. True, Jews were excluded from many occupations, couldn’t buy homes in some towns, couldn’t join certain organizations or attend certain schools or universities, but life was good. As in past generations there were hate mongers who regarded the most recent groups of poor immigrants as scum, rapists, gangsters, drunks and terrorists, but largely the Glosser family was left alone to live our lives and build the American dream. Children were born, synagogues founded, and we thrived. This was the miracle of America.
Acting for so long in the theater of right wing politics, Stephen and Trump may have become numb to the resultant human tragedy and blind to the hypocrisy of their policy decisions. After all, Stephen’s is not the only family with a chain immigration story in the Trump administration. Trump’s grandfather is reported to have been a German migrant on the run from military conscription to a new life in the USA and his mother fled the poverty of rural Scotland for the economic possibilities of New York City. (Trump’s in-laws just became citizens on the strength of his wife’s own citizenship.)
These facts are important not only for their grim historical irony but because vulnerable people are being hurt. They are real people, not the ghoulish caricatures portrayed by Trump. When confronted by the deaths and suffering of thousands our senses are overwhelmed, and the victims become statistics rather than people. I meet these statistics one at a time through my volunteer service as a neuropsychologist for HIAS (formerly the Hebrew Immigrant Aid Society), the global non-profit agency that protects refugees and helped my family more than 100 years ago. I will share the story of one such man I have met in the hope that my nephew might recognize elements of our shared heritage.
In the early 2000s, Joseph (not his real name) was conscripted at the age of 14 to be a soldier in Eritrea and sent to a remote desert military camp. Officers there discovered a Bible under his pillow which aroused their suspicion that he might belong to a foreign evangelical sect that would claim his loyalty and sap his will to fight. Joseph was actually a member of the state-approved Coptic church but was nonetheless immediately subjected to torture. “They smashed my face into the ground, tied my hands and feet together behind my back, stomped on me, and hung me from a tree by my bonds while they beat me with batons for the others to see.”
Joseph was tortured for 20 consecutive days before being taken to a military prison and crammed into a dark unventilated cell with 36 other men, little food and no proper hygiene. Some died, and in time Joseph was stricken with dysentery. When he was too weak to stand he was taken to a civilian clinic where he was fed by the medical staff. Upon regaining his strength he escaped to a nearby road where a sympathetic driver took him north through the night to a camp in Sudan where he joined other refugees. Joseph was on the first leg of a journey that would cover thousands of miles and almost 10 years.
Before Donald Trump had started his political ascent promulgating the false story that Barack Obama was a foreign-born Muslim, while my nephew, Stephen, was famously recovering from the hardships of his high school cafeteria in Santa Monica, Joseph was a child on his own in Sudan in fear of being deported back to Eritrea to face execution for desertion. He worked any job he could get, saved his money and made his way through Sudan. He endured arrest and extortion in Libya. He returned to Sudan, then kept moving to Dubai, Brazil, and eventually to a southern border crossing into Texas, where he sought asylum. In all of the countries he traveled through during his ordeal, he was vulnerable, exploited and his status was “illegal.” But in the United States he had a chance to acquire the protection of a documented immigrant.
Today, at 30, Joseph lives in Pennsylvania and has a wife and child. He is a smart, warm, humble man of great character who is grateful for every day of his freedom and safety. He bears emotional scars from not seeing his parents or siblings since he was 14. He still trembles, cries and struggles for breath when describing his torture, and he bears physical scars as well. He hopes to become a citizen, return to work and make his contribution to America. His story, though unique in its particulars, is by no means unusual. I have met Central Americans fleeing corrupt governments, violence and criminal extortion; a Yemeni woman unable to return to her war-ravaged home country and fearing sexual mutilation if she goes back to her Saudi husband; and an escaped kidnap-bride from central Asia.
President Trump wants to make us believe that these desperate migrants are an existential threat to the United States; the most powerful nation in world history and a nation made strong by immigrants. Trump and my nephew both know their immigrant and refugee roots. Yet, they repeat the insults and false accusations of earlier generations against these refugees to make them seem less than human. Trump publicly parades the grieving families of people hurt or killed by migrants, just as the early Nazis dredged up Jewish criminals to frighten and enrage their political base to justify persecution of all Jews. Almost every American family has an immigration story of its own based on flight from war, poverty, famine, persecution, fear or hopelessness. These immigrants became the workers, entrepreneurs, scientists and soldiers of America.
Most damning is the administration’s evident intent to make policy that specifically disadvantages people based on their ethnicity, country of origin, and religion. No matter what opinion is held about immigration, any government that specifically enacts law or policy on that basis must be recognized as a threat to all of us. Laws bereft of justice are the gateway to tyranny. Today others may be the target, but tomorrow it might just as easily be you or me. History will be the judge, but in the meanwhile the normalization of these policies is rapidly eroding the collective conscience of America. Immigration reform is a complex issue that will require compassion and wisdom to bring the nation to a just solution, but the politicians who have based their political and professional identity on ethnic demonization and exclusion cannot be trusted to do so. As free Americans, and the descendants of immigrants and refugees, we have the obligation to exercise our conscience by voting for candidates who will stand up for our highest national values and not succumb to our lowest fears.
Abigail Tracy @ Vanity Fair reports on the latest batch of vile untruths flowing from the top of our vile White Nationalist regime as they try to defend their indefensible policy of official child abuse:
Facing mounting outrage in the media over its new “zero-tolerance” policy at the border, the Trump administration is deliberately misleading Americans about the thousands of migrant children it has forcibly separated from their families. The objective, according to people close to Donald Trump, is twofold: “deterrence,” as Chief of Staff John Kelly explained last month, and political extortion. “The thinking in the building is to force people to the table,” a White House official toldThe Washington Post last week. A second official confirmed that the president is hoping to use the detained children as leverage to force Democrats to cut a deal on immigration: “If they aren’t going to cooperate, we are going to look to utilize the laws as hard as we can.”
The images emerging from these detention centers, where traumatized young children are kept in chain-link pens, have drawn comparisons to some of the worst episodes in American history, including the internment of Japanese Americans during WWII. Instead of ending the controversial policy, however, President Trump has promoted a contradictory and confusing message about family separation. At times, he has blamed Democrats for what he has described as their “law” (it is not a law); at others, he has suggested that family separation is indeed his policy, but that Democrats have forced him to take action by not agreeing to new immigration-reform legislation. In a series of tweets Monday morning, he wrote that it is “the Democrats fault for being weak and ineffective with Boarder [sic] Security and Crime” and called on Congress to “change the laws.” He also indicated that the policy is driven by racial or cultural concerns, describing migrant children as Trojan horses for “the worst criminals on earth” and declaring that the U.S. should not repeat Europe’s “big mistake” of “allowing millions of people in who have so strongly and violently changed their culture.”
Over the weekend and into Monday, a number of Trump officials made similar obfuscations about the policy. In every instance, however, the implication was clear: the problem could go away if Democrats will just play ball. “This is up to the Democrats. They could fix this right now. If you close those loopholes, we could do this humanely,” White House Deputy Press Secretary Hogan Gidley said during an interview with Fox & Friends on Monday, before accusing Democrats of bolstering drug cartels and the “child-smuggling industry.” Senior White House adviser Kellyanne Conway similarly put the onus on Congress to address the crisis at the border during an interview with NBC’s Meet the Press on Sunday. After asserting that “nobody likes this policy,” Conway said, “If the Democrats are serious, and if a lot of Republicans are serious, they’ll come together. They won’t just talk about just this week, just the Dreamers, or just the wall, or just catch and release. It’s all of the above,” she said. Even First Lady Melania Trump appeared to lay responsibility for her husband’s policy at Congress’s feet, issuing a rare policy statement saying that she “hates to see children separated from their families,” but “hopes both sides of the aisle can finally come together.”
Secretary of Homeland Security Kirstjen Nielsen, meanwhile, seems unsure whether her agency’s policy exists. “We do not have a policy of separating families at the border. Period,” she tweeted on Sunday, blaming Democrats, journalists, and advocacy groups of “irresponsible and unproductive” reporting on the border. On Monday, however, Nielsen appeared to reverse herself, defending the separation of migrant families as necessary when prosecuting migrants who cross the border illegally. “There are some who would like us to look the other way,” the Homeland Security secretary said at a speech before the National Sheriffs’ Association in New Orleans. “Past administrations may have done so, but we will not. We do not have the luxury of pretending that all individuals coming to this country as a family unit are, in fact, a family. We have to do our job. We will not apologize for doing our job.” Attorney General Jeff Sessions, who addressed the group after Nielsen, said while he doesn’t enjoy separating children from their parents, the situation could be fixed if only Democrats would accede to building Trump’s border wall and passing new laws to crack down on illegal immigration.
The mixed messaging has become a problem for Republicans seeking to defend the Trump policy, but unsure whether they are supposed to be blaming Democrats, defending “law and order,” or pretending the policy doesn’t exist. “The policy is incredibly complicated and it is one we need to do a better job of communicating,” White House Director of Legislative Affairs Marc ShorttoldThe Wall Street Journal. “We’ve not talked about the history of how we got to this point.”
The history of the policy, however, does not support the administration’s narrative. It is true that at the height of the 2014 migrant crisis, when there was a surge in unaccompanied minors crossing the border, the Obama administration placed a large number of families in detention centers. But these families—many of them fleeing violence in Central America—were allowed to remain together while their claims were being processed. Under Trump’s “zero-tolerance” policy, however, all adults caught crossing the border are criminally prosecuted, with no exceptions. As a result, thousands of children have been taken away from their parents and treated as if they had tried to cross the border alone. In some cases, undocumented adults are being deported without their children, who remain detained in federal immigration facilities with no way to contact their parents. Immigration experts worry that some families may be permanently separated.
“If you’re smuggling a child, then we’re going to prosecute you, and that child will be separated from you, probably, as required by law,” Sessions said last month when announcing the new policy. “If you don’t want your child to be separated, then don’t bring them across the border illegally.” White House senior adviser Stephen Miller, a staunch advocate of the policy, told The New York Times last week, “It was a simple decision by the administration to have a zero-tolerance policy for illegal entry, period. The message is that no one is exempt from immigration law.”
Still, the cruel reality of family separation has become difficult for Trump’s allies to defend. On Sunday, Breitbart News criticized the Associated Press for describing the metal enclosures used to intern children as “cages,” suggesting that they were merely “chain-link partitions.” Fox & Friends host Steve Doocy argued the same point Monday morning.
This appears to be a losing battle for the White House. In a rare op-ed in The Washington Post, former First Lady Laura Bush derided separating families as “cruel” and “immoral.” Reverend Franklin Graham, the son of the late Billy Graham and a frequent defender of Trump, similarly slammed the policy as “disgraceful.” And while Republicans on Capitol Hill have remained largely silent on the issue, G.O.P. Senators Jeff Flake and Susan Collins sent a letter to Nielsen and Health and Human Services Secretary Alex Azardemanding more information on whether the Trump administration was separating families seeking asylum at ports of entry, in addition to those crossing the border illegally.
Administration officials have seized on the distinction between the treatment of asylum claimants caught crossing the border versus those presenting themselves at sanctioned ports of entry to depict the former category as criminals. D.H.S. spokesperson Tyler Houlton recently said, “There is no policy to separate those seeking asylum at a port of entry.” But according to multiple reports, undocumented immigrants who appear at these ports are often turned away or detained. “Contrary to what D.H.S. has indicated as proper procedure, we are currently seeing cases where immigrant families seeking asylum are separated after lawfully presenting themselves at a U.S. port of entry,” Senator Flake said in a statement accompanying his letter. In some cases, it appears that immigrants’ claims are simply rejected—a result, perhaps, of the Trump administration’s institutional skepticism toward asylum claims. Sessions has previously criticized the asylum process, asserting in a speech last October that “dirty immigration lawyers” provide applicants with “the magic words needed to trigger the credible fear process.” On Monday, Nielsen declared, “Our system for asylum is broken.”
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No, asylum law isn’t broken — except that it has been applied far too narrowly, begrudgingly, and often in the absence of common sense, humanity, principles, and due process leading to unnecessary inconsistencies and backlogs in a system that has not been allowed to fully function in a way that fulfills its humanitarian purposes. Instead of designing the asylum system to efficiently screen out the minority of applicants who don’t really qualify as refugees, and grant some type of protection to the majority, the system is now engaged in manipulating and intentionally misconstruing the law and falsifying or distorting facts to disqualify or deny legitimate refugees fleeing for their lives. The idea being pushed by our White Nationalist regime is to create and support a false narrative that the majority of refugees arriving here and applying for asylum aren’t “really refugees.” But, they are.
What is broken is the group of corrupt, dishonest, ignorant, and incompetent political hacks who are administering and intentionally destroying our asylum and refugee systems today. Removing this regime and their enablers from office at the ballot box will a long difficult process. But, until it is accomplished, we will not regain our humanity as a nation and we certainly will not be able to put any fair, workable, legal system of immigration controls that serves our real national interests in place.
Our democratic institutions are dissolving right before our eyes. But, the responsibility for that is clearly and solely upon our Executive and Legislative Branches which are all controlled by the Trump GOP.Don’t let them get away with unloading their responsibility on the rest of us who are resisting tyranny and trying to do the right thing (something that never, ever, occurs to anyone associated with Trump).
“The most difficult decision a lawyer has to make is whether to allow his client to speak to the prosecutor—or in this case, the special counsel,” Robert Bennett told me, referring to the unfolding chess match between Donald Trump and Robert Mueller. Bennett, the Brooklyn-born Washington superlawyer, would know, having represented President Bill Clinton in the Kenneth Starr investigation. For a fabulist like Trump, however, the danger is tenfold: Mueller has already charged four former members of the Trump campaign with making false or misleading statements to the F.B.I. “I think there are tremendous risks in this case, because the easiest case for the government to prove would be a false statement given to the F.B.I. or the independent counsel,” Bennett added. “That’s a very easy one to prove.”
While the president initially said he is “100 percent” willing to meet with Mueller under oath, his legal team has cautioned that any interview could be a perjury trap. “He’ll be guided by the advice of his personal counsel,” Ty Cobb, the White House lawyer on the Russia inquiry, told The New York Times. For months, Trump’s lawyers have been engaged in discussions with Mueller’s team, weighing options that could mitigate the president’s legal risk. Though the format of the potential interview remains an open question, Mueller, wielding the power of subpoena, has the upper hand in shaping the negotiations. “What matters is how much leverage you have on either side,” said Renato Mariotti, a former Chicago prosecutor. “Mueller has most of the leverage . . . in the end, Mueller is going to get most, if not the vast majority, of what he wants.”
The challenge for Trump’s legal team, led by Cobb and John Dowd, is to protect the president from himself under conditions acceptable to Mueller. “It’s a very bad sign for the president that his own lawyers are so worried about whether he’s going to tell the truth that they’re trying to negotiate all of these conditions ahead of time,” Neal Katyal, a former acting solicitor general under President Barack Obama, told me. “Ordinarily, when you’re representing a high-ranking government official, you’re not worried about your client being forthcoming because that goes with the nature of government service. But here, I think the lawyers are wise to worry, just given Donald Trump’s track record of him confabulating in any number of ways.”
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Read the rest of Tracy’s article at the above link.
I don’t have much doubt that Trump will perjure himself. I don’t think he could tell the truth if his life depended on it. And, it’s likely that Mueller will be able to build a convincing case for obstruction against the Liar-In-Chief.
But, Trump relies heavily on the complicity of the sleazy GOP he has come to dominate and the indifference of his voters to moral values or honest government. Trump is used to at least figuratively “getting away with murder” (remember his all too true boast that he could shoot someone in broad daylight in Times Square and his voters wouldn’t care). So, the chances of Trump being held accountable are probably minimal until 2024.
“Even among some of Donald Trump’s allies, there is a sense of astonishment at the White House’s handling of Robert Mueller’s Russia investigation. “It’s like no one took down the Gambino family,” Steve BannontoldChris Whipple in a book adaptation the Hive published this week. “Mueller’s doing a roll-up just like he did with the Gambinos. [Paul] Manafort’s the caporegime, right? And [Rick] Gates is a made man!” Indeed, Mueller, who led the F.B.I. takedown of the infamous crime family in the early 1990s, famously cutting a deal with Sammy the Bull to flip on mob boss John Gotti, appears to be executing what some have called a “Gambino-style roll-up.” First, he flippedformer Trump campaign adviser George Papadopoulos; then, he turnedousted national security adviser Michael Flynn. Now, CNN reports, Mueller appears to be in the final stages of a plea deal with Gates, Trump’s former deputy campaign chairman and a longtime business associate of Manafort, who was indicted alongside him last fall.
The White House reportedly views Gates’s testimony as a threat to Manafort, and not to the president. “There’d be no anxiety here,” a White House official told CNN when asked about the possibility that Gates will cut a deal. The charges against the two, after all, had nothing do with Russian collusion; the 12 counts included failure to register as a foreign agent, false and misleading statements related to that registration, and seven counts of improper foreign financial reporting—all as part of a broader conspiracy to launder millions of dollars from their consulting work in Ukraine into the United States. Manafort has pleaded not guilty, and is fighting the charges. But Gates, who has also pleaded not guilty, has been grappling with financial troubles and difficulties with his legal team. According to CNN, he has been in plea negotiations with Mueller’s team of F.B.I. investigators for about a month, and has already given an interview in which he would have revealed any knowledge he might have of criminal activity that could be traded for leniency or immunity in sentencing.
What this means for the White House isn’t exactly clear. While Manafort’s reign as campaign chairman and Gates’s role as his deputy were short-lived, the duo oversaw a series of events and interactions that have come under intense scrutiny in the ongoing Justice Department probe. Manafort and Gates ran the Trump campaign in the summer of 2016, during which Donald Trump Jr. held his infamous Trump Tower meeting with a Russian lawyer. They were also on board during the Republican National Convention, where a number of Trump campaign officials and surrogates met with Russian officials and campaign officials altered the language of the official G.O.P. platform on Ukraine to be more sympathetic to Russian interests. While Manafort was replaced by Bannon after The New York Times alleged that handwritten ledgers showed millions in undisclosed cash payments designated for Manafort in Ukraine—a claim Manafort denies—Gates continued to work with the Trump campaign through the transition, and served as a senior official on Trump’s inaugural committee.”
For now, the most significant facts in the case remain under lock. Adam Schiff, the top ranking Democrat on the House Intelligence Committee, said Tuesday that the panel has discovered evidence of collusion between the Trump campaign and the Russians during the 2016 campaign, as well as evidence of subsequent obstruction. “There is certainly an abundance of non-public information that we’ve gathered in the investigation,” Schiff toldreporters. Whether that information is actionable remains to be seen. According to the White House’s own budget request, the administration expects Mueller’s investigation to continue well into next year, despite repeated assurances from the president’s legal team that it was approaching a conclusion. If Gates has the goods, perhaps it will end sooner.
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No, the “Don of Con” isn’t “in the clear” as he incredibly asserts. In fact, it appears that the noose is slowly tightening. Exactly the kind of “dangling in the wind” to which The Don likes to subject those subordinates whom he suspects of disloyalty.
“Where there’s smoke, there’s fire.” And, there’s so much smoke surrounding The Don, his family, and his current and former associates right now that it’s a miracle nobody in the White House has succumbed to smoke inhalation.
“Back in June, there was some cause for concern that Attorney General Jeff Sessions was having memory problems. When questioned from multiple angles during multiple appearances before Congressional investigators about the Trump campaign‘s relationship to Russia, Sessions‘s consistent refrain was: “I don’t recall.” He gave an equally evasive response when Minnesota Senator Al Franken specifically asked whether surrogates from the Trump campaign had communicated with Russians during the 2016 election in October. “I did not, and I’m not aware of anyone else that did, and I don’t believe it happened,” Sessions told the Senate Intelligence Committee under oath. (He made similar statements to the Senate Judiciary Committee.)
Now, however, Sessions has reportedly changed his tune. Citing a source familiar with Sessions’s thinking, NBC News reported on Thursday that the attorney general—who served as a top Trump surrogate and headed the then-presidential hopeful’s national security team—does in fact recall rejecting George Papadopoulos’s offer to arrange a meeting between Trump and Putin, after the Republican candidate stopped short of ruling out the idea.
. . . .
Perhaps Sessions‘s memory was jogged by mounting bipartisan calls for him to return to Capitol Hill to clarify his statements and shed light on Papadopoulos’s account. “Jeff Sessions concealed his meetings with the Russians and he had an obligation to be more forthcoming about meetings that involved Papadopoulos,” Democratic Senator Richard Blumenthal, a member of the Senate Judiciary Committee, told CNN. Senator John Cornyn, a Texas Republican, added of Sessions‘s presence at the meetings that he “certainly think[s] it’s a legitimate area of inquiry” for Congressional investigators to pursue.”
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Read the complete article at the link.
Gosh, those worried that our AG had suffered some type of permanent brain damage must be relieved to know that his loss of short-term memory, although serious, was merely temporary. Apparently, it was triggered by the stress of having to testify under oath before his former Senate colleagues.
But, never fear, Gonzo was back at it today pushing his anti-immigrant, White Nationalist, restrictionist agenda in New York.
I suspect there is more to this story. Who knows what else Gonzo might “recall” as he slowly recovers his memory.
