“Constitutional Castration” – immigrationcourtside.com

AMERICA ON RED ALERT🆘🏴‍☠️🤮☠️: Theocrat, Autocrat, Liar, Race Baiter, Anti-Democracy Activist Billy The Bigot Barr Conspires With “His Don” To Annihilate Our Constitutional Republic, Says Former GOP Deputy AG Don Ayer — Trump and Barr: “Really an unholy alliance working for the two of them and against the country,” Ayer Tells Slate’s Dahlia Lithwick on Amicus Podcast!

Don Ayer
American Lawyer
Former U.S. Deputy Attorney General — Photo www.ali.org

Dahlia Lithwick
Supreme Court Reporter
Slate
Wikimedia Commons — Public Domain

Has Bill Barr Broken the Department of Justice Forever?

Bill Barr is not simply doing the president’s bidding, he is following his long-held beliefs about America.

Read in Slate: https://apple.news/Aj7921kJPQbWnLPJtiLhThA

Shared from Apple News

Bill Barr’s American Carnage

The attorney general is not just a Trump enabler, he has his own agenda.

SEPTEMBER 12 2020 10:00 AM

Listen to the episode here.

What is Bill Barr doing, and why is he doing it? Donald Ayer, former U.S. attorney and principal deputy solicitor general in the Reagan administration and deputy attorney general under George H.W. Bush, on the attorney general’s ideology, how it predates Trumpism, and why it’s so dangerous.

In the Slate Plus segment, Mark Joseph Stern breaks down the latest voting breakdown in Wisconsin’s Supreme Court, the latest Census case dead end, and the stupidity of Trump’s latest SCOTUS list.

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How timely! Just yesterday on Courtside, I gave Billy the Bigot the nod over Jeff “Gonzo Apocalypto” Sessions and “John the Con” Mitchell in the hotly contested race for “The Worst AG in Modern American History.”

I still think that Gonzo could have pulled it out if he had only been given some more time! His overt racism, misogyny, intellectual dishonesty, fraud, stupidity, bias, and “crimes against humanity” set a standard for morally corrupt officials that seemed unassailable until Billy the Bigot went into “full destructo mode.”

As someone who started working at the DOJ in 1973, I witnessed (if only from the crowd standing outside the Great Hall) the “voluntary departure” of Elliot Richardson following the “Saturday Night Massacre,” where he resigned rather than carry out President T. Dick Nixon’s inappropriate demand that he fire the Watergate Special Prosecutor. Could you imagine Billy the Bigot refusing any demand from “His Don,” no matter how illegal, unethical, and/or outrageous? When it comes to the history of Government corruption and the DOJ, I know what I’m talking about.

Heck, I even survived long enough to get “purged” myself by Ashcroft in 2003, during my “DOJ reincarnation.” So, I’m no stranger to the imperfections and shortcomings in the supposed “independence” of the DOJ.

Nevertheless, I heartily agree with Don Ayer that the dishonesty, deceit, bias, bigotry, racism, and scofflaw attitudes installed into DOJ operations by Gonzo and Billy are light years beyond prior abuses I have witnessed during my nearly five decades in the law.

Don Ayer, my former DOJ colleague and partner at Jones Day DC, confirms what I have been saying for a long time on Courtside about Billy the Bigot’s unconstitutional and unethical control of the Immigration Courts.

Listen to this podcast and ask yourself: “How could any foreign national, particularly an asylum seeker, non-Christian, or person of color get a fundamentally fair and impartial hearing before ‘judges’ selected, directed, evaluated, and governed by Billy?” If that’s not enough, if the foreign national does happen to win, Billy just unilaterally intervenes and changes the results, even in cases completed back in the Bush II Administration!

Obviously, this isn’t justice; to use Don Ayer’s term, this is “Banana Republic” authoritarian injustice.

So, how have Congress and the Roberts-led Supremes let Billy get away with this disgraceful unconstitutional mockery of everything our nation stands for? Good question with no happy answer.

During Watergate, it took a concerted effort by a bipartisan Congress, the Federal Courts including the Supremes, and independent lawyers and investigators working for the Watergate Special Prosecutor within the DOJ to bring about Nixon’s forced resignation in the face of inevitable impeachment and conviction.

By contrast, today’s GOP Senate and the GOP-appointed “JR Five” on the Supremes have shown themselves to be shameless toadies, sycophants, and enablers in the face of clearly abusive Executive overreach and tyranny. The post-Watergate ethical reforms, checks, and balances put in place by former GOP-appointed AG Ed Levi, cited by Don, have been completely dismantled in broad daylight by the Trump regime with no pushback from Congress or the Supremes. This serious, entirely preventable, deterioration and abandonment of the rule of law and ethical norms cuts across all three Branches of Government and threatens the very foundations of our democracy.

Assuming (by no means a certainty) that our nation puts it together this Fall to remove the Trump kakistocracy, we need a careful and thoughtful re-examination of the types of individuals we are rewarding with life-tenured judicial appointments and why those now on the bench, as a group, failed so miserably to uphold the Constitution, protect human dignity and decency, and thwart the outrageous scofflaw agenda of Trump and his cronies like Billy the Bigot and neo-Nazi Stephen Miller.

Don Ayer specifically mentions the outrageous “Wall Charade” where Trump illegally and unethically steamrolled legislation, the Constitution, the public purse, and common sense to divert money to his “Political Wall” using a patently bogus and fabricated “national security” pretext.

But, here’s the rest of the story: When Trump-owned Solicitor General Noel Francisco presented this “false claim” to the Supremes, disingenuously asserting a clearly fabricated “emergency” he got the JR Five to roll over! Instead of upholding the lower court’s correct injunction and referring Francisco to bar authorities for unethical conduct, they actually approved this farce, by a 5-4 “party line vote.” Of course, that spineless performance has greenlighted other racist-driven White Nationalist policies and an aura of impunity among the Trump regime kakistocracy.

Gee wiz, a Federal Court actually determined some time ago that DHS honchos Chad “Wolfman” Wolf and Ken “Cooch Cooch” Cuccinelli are both illegally serving in their current positions. But, in the “no consequences no accountability” atmosphere established by the Roberts Court, Cooch and Wolfie continue to abuse migrants with arrogant impunity. They obviously have no fear of accountability. Even if they got in trouble, Trump would simply run over the Constitution to pardon them.

As I constantly say, “it’s not rocket science.” There are scores of talented courageous lawyers out there in the private, NGO, and academic sectors who could have out-performed the “JR Five” in protecting our republic. Why are they stuck in the trenches rather than sitting on the Federal Benches?

When Congress and the Executive fail, the nation turns to the supposedly independent Article III Courts as democracy’s last defender. But, Roberts & Co. have been more than “MIA” — they have actively contributed to the downfall with outrageous derelictions of duty on voting rights, civil rights, and grotesque, unconstitutional “Dred Scottifiction” of migrants of color that actually harms, maims, and kills innocent humans almost every day.

Think that “Dred Scottification” couldn’t happen to you? Guess again! Don Ayer says all of our freedoms and democratic norms will be on the line if Billy and “His Don” get another four years to complete their destruction. Believe him!

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

PWS

9-13-20

🏴‍☠️☠️👎🏻🤮CONSTITUTION IN RUINS: Egged On By Feckless Supremes, Trump Rolls Out Another Racist Attack On Our Constitution & Our Nation By Declaring Undocumented Residents “Non-Persons!” — The “Dred Scottification” Of People Of Color By Trump & His Supremes Continues To Bear Ugly Fruit!

https://www.huffpost.com/entry/trump-executive-order-immigrants-redistricting_n_5f1709e0c5b615860bb7f415

The Constitution says the congressional apportionment should be based on the “whole number of persons” in each state. But the president wants to change that.

Reuters, By Alexandra Alper & Nick Brown

WASHINGTON (Reuters) – President Donald Trump on Tuesday signed a memorandum that would prevent migrants who are in the United States illegally from being counted when U.S. congressional voting districts are redrawn in the next round of redistricting.

U.S. Census experts and lawyers say the action is legally dubious. In theory, it would benefit Trump’s Republican Party by eliminating the largely non-white population of migrants in the U.S. illegally, creating voting districts that skew more Caucasian.

. . . .

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Read the full article at the link.

The Supremes allowed Trump to rewrite the immigration and refugee laws without benefit of legislation.

They allowed him to abrogate the due process clause of our Constitution for persons of color who had the bad fortune to be asylum seekers or immigrants.

They allowed the GOP to revise the Constitution and abrogate the Voting Rights Act to make it more difficult for minorities to vote and to insure that their votes counted for less than their White counterparts.

Now, empowered by Supreme complicity, Trump is going for yet another “do it yourself” Constitutional rewrite.

We have only ourselves to blame for allowing unqualified Justices like the “JR Five” to gain control of our highest Court — what was supposed to be our “final bastion” against Executive tyranny, but has instead become an enabler of “Dred Scottification” — that is “de-humanization” of large segments of our population — disproportionately people of color. Another term used for the Supremes’ majority’s defective performance in the face of Trump’s lawlessness is “Constitutional Castration” (assuming, arguendo, that the Constitution is “male”). Either way, it’s an ugly process.

It’s worth noting that enslaved Africans Americans, those originally subjected to “Dred Scottification,” and still feeling the adverse effects of the Supremes “renewal” of the concept, were counted for “3/5 of a person” under the original Constitution. Undocumented individuals, according to Trump, count for zero, even though they have consistently been counted in the past.

Of course the difference is that the original “3/5 rule” was designed to benefit the racists of the post-colonial South. The “new zero rule” is intended to benefit GOP racists of today.

The “Census case” actually went to the Supremes once. It’s the one where Wilbur Ross perjured himself. Rather than earning disbarment for the DOJ Attorneys who brought that mess before the Court and sanctions against the Administration, Trump got only a mild rebuke from Roberts. Heck, some Justices actually voted in favor of the regime’s racist inspired fraud!

In the process of soft-peddling the Administration’s gross misconduct and intellectual dishonesty, the Supremes’ majority also engaged in a largely fictional “historical analysis” deemed by commentators from the Brennan Center to be “preposterous.”

https://www.theatlantic.com/ideas/archive/2019/07/citizenship-questions-are-not-historically-normal/593014/

That’s strong language. But, actually, it comes to mind frequently with respect to the Roberts’ Court’s various attempts to defeat equal justice and diminish the humanity of non-white -populations under our laws.

This latest Trump memo makes it crystal clear that the original subterfuge for the “citizenship question” — that it was necessary to enforce civil rights laws — utterly laughable — was a complete fraud on the Court. But, don’t expect that exercise of bad faith (“death” to any private party before the Supremes) to make any difference to Trumpian Justices who long ago sold out nation and our Constitution along with their own humanity and integrity.

This latest systemic failure by all three branches could well leave future Congressional apportionments and elections in chaos.

A better America for all requires better, more intellectually honest and morally courageous Justices who stand for the Constitution and against racism in all forms, be it promoted by the Executive, Congress, or their fellow judges. Unhappily, we’re a long way from there right now!

Due Process Forever!

PWS

07-21-20

“CONSTITUTIONAL CASTRATION”– CATHERINE RAMPELL @ WASHPOST: HOW THE FECKLESS GOP CONGRESS IS SCREWING THE MOST VULNERABLE AMONG US BY LETTING THE TRUMP ADMINISTRATION TRASH THE IMMIGRATION LAWS AND END-RUN THE CONSTITUTION WITHOUT CONGRESSIONAL PARTICIPATION! – “The Trump administration keeps scolding desperate immigrants to shape up and “follow the law.” When will cowardly members of Congress insist that the president do the same?”

https://www.washingtonpost.com/opinions/trump-has-bulldozed-over-congress-on-immigration-will-lawmakers-ever-act/2019/11/14/67401466-0722-11ea-8292-c46ee8cb3dce_story.html

Catherine writes @ WashPost:

By

Catherine Rampell

Columnist

November 14, 2019 at 7:09 p.m. EST

Republican lawmakers seem to be having self-esteem issues.

The legislature, after all, is an equal branch of government with constitutionally granted powers. Lately, nearly all of those powers have been siphoned off by the president and his team of unelected bureaucrats. Yet, again and again, GOP lawmakers meekly submit to this constitutional castration.

To wit: Congress’s power of the purse? Gone. Regardless of how much money Congress appropriates for, say, a border wall or military aid to Ukraine, President Trump has made clear that he’ll ignore the number and pencil in his own.

Congress’s power to regulate commerce with foreign nations? Hijacked by a president who cites bogus “national security” rationales to impose tariffs whenever he likes.

Congress’s duty to “advise and consent” on major appointments? Cabinet and other senior government posts that require Senate confirmation have been atypically littered with “acting” officials instead. In fact, while immigration is ostensibly the president’s signature issue, Trump hasn’t had a single Senate-confirmed director of Immigration and Customs Enforcement since he took office. And though Democratic lawmakers may complain, nothing will change as long as Republicans control the Senate.

Which brings me to the most significant power Trump has stripped from Congress: its lawmaking authority. This is best illustrated by the administration’s actions basically rewriting immigration law wholesale, with nary a peep from GOP legislators.

Sure, on some immigration matters, Congress has relinquished its responsibilities, effectively giving Trump the ability to contort immigration policy as he sees fit.

Consider the “dreamers,” the young immigrants brought here as children who know no other country than the United States. They have long been in a legal limbo. Congress could resolve that limbo swiftly and easily by granting the dreamers permanent legal status and a pathway to citizenship. This would have the support of majorities of voters from both parties, and the Democratic-controlled House has already passed such legislation.

Meanwhile, lawmakers in the GOP-controlled Senate wrung their hands and watched helplessly from the sidelines as Trump announced his decision to kill the Obama-era program that protects the dreamers from deportation. Based on a hearing this week, the Supreme Court appears poised to uphold the president’s decision. Yet, despite claiming to care about the issue, Republicans remain unwilling to act.

Similarly, Congress long ago gave the president authority to set the annual cap on refugee admissions. Not surprisingly, if disappointingly, the Trump administration has used that authority to ratchet the ceiling down to a record low of 18,000. For context, during President Barack Obama’s last year of office, the ceiling was 110,000.

But there are other areas of immigration law on which Congress has acted, definitively and clearly, with legislative language that leaves little room for maneuvering by the executive. The Trump administration has flouted these laws anyway.

Take asylum law.

“Refugees” and “asylum seekers” both refer to immigrants fleeing violence or persecution, but, technically, “refugees” apply for sanctuary while still abroad, and asylum seekers apply while in the country of their destination. Unlike with refugeeadmissions, there are no legal caps on the number of people who may qualify for and receive asylum. The law does not allow the executive branch to set them, either.

But the Trump administration has effectively set its own limits.

Last year, for instance, the Trump administration tried to ban people from applying for asylum if they crossed between ports of entry — as most asylum seekers are now forced to do, because the administration has severely throttled (or “metered”) the number of people who may apply through a given port of entry per day.

This “asylum ban” was blocked by the courts — because Congress has explicitly said asylum seekers can apply whether or not they entered the United States “at a designated port of arrival.”

“The law is crystal, crystal clear on this,” says Aaron Reichlin-Melnick, policy counsel at the American Immigration Council.

With virtually no pushback from Republicans in Congress, Trump administration then implemented a sort of asylum ban 2.0. This one disqualifies asylum seekers who passed through another country on their way to the United States without first applying for asylum there. A separate legal challenge — one among many — is now working its way through the courts.

A host of other changes designed to serve as a backdoor limit on asylee admissions have also been announced in recent weeks. Last week, the administration announced a new processing fee for asylum seekers, which would effectively disqualify families fleeing with nothing but the clothes on their backs. This week, it proposed a rule denying many asylum seekers authorization to work while their cases are being adjudicated, which can take years. This will force more immigrants into the shadows, contrary to Congress’s intentions.

The Trump administration keeps scolding desperate immigrants to shape up and “follow the law.” When will cowardly members of Congress insist that the president do the same?

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Catherine and some other reporters “get it” as to what Trump is doing to the law, our democratic institutions, and our Constitution. How come Federal Appellate Judges, Supreme Court Justices, and GOP legislators stick their collective heads in their sand and pretend not to understand the true long-term ramifications of what they are letting Trump do? Why aren’t they protecting our Constitutional and civil rights, not to mention human rights?

It’s all part of “Dred Scottification” – the degradation and dehumanization of individuals while stripping them of their rights combined with a constant barrage of outright lies and false narratives. And, contrary to the apparent belief of many “Trump Toadies” throughout our system and the electorate, once Trump turns on them, which he eventually will, the rights they counted on for protection will be long gone. The total lack of empathy, the ability to understand and appreciate the pain and suffering of others, is perhaps the worst aspect of the Trump kakistocracy.

Thanks, Catherine, for your courageous and insightful writing!

PWS

11-15-19

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

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