"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.
Garland’s approach to immigrant justice in his courts harkens back to “the bad old days.” Yet he remains impervious — and unaccountable! The Wasp 1882-01-06 cover Slow but sure.jpg Slow, but Sure. Cartoon depicts Lady Justice riding a tortoise, about to hang a man. George Frederick Keller Public domain
Dean Kevin Johnson @ ImmigrationProf Blog previews upcoming book by Professor Maya Pagni Barack:
The publisher’s description of the book reads as follows:
“Each year, hundreds of thousands of migrants are moved through immigration court. With a national backlog surpassing one million cases, court hearings take years and most migrants will eventually be ordered deported. The Slow Violence of Immigration Court sheds light on the experiences of migrants from the “Northern Triangle” (Guatemala, Honduras, and El Salvador) as they navigate legal processes, deportation proceedings, immigration court, and the immigration system writ large.
Grounded in the illuminating stories of people facing deportation, the family members who support them, and the attorneys who defend them, The Slow Violence of Immigration Court invites readers to question matters of fairness and justice and the fear of living with the threat of deportation. Although the spectacle of violence created by family separation and deportation is perceived as extreme and unprecedented, these long legal proceedings are masked in the mundane and are often overlooked, ignored, and excused. In an urgent call to action, Maya Pagni Barak deftly demonstrates that deportation and family separation are not abhorrent anomalies, but are a routine, slow form of violence at the heart of the U.S. immigration system.”
KJ
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The ongoing national disgrace called “EOIR” continues to mete out injustice and inane bureaucratic nonsense under a DEMOCRATIC Administration that pledged to return the rule of law and humanity to our broken Immigration Court system!
That system is “headed and controlled” by a DEMOCRATIC AG, Merrick Garland. He is a former Federal Appellate Judge who certainly knows that what passes for “justice” in his broken “court” system is nothing of the sort! Also this ongoing debacle doesn’t say much good about Garland’s “lieutenants:” Deputy AG Lisa Monaco, Associate AG Vanita Gupta, Assistant AG for Civil Rights Kristen Clarke, and Solicitor General Elizabeth Prelogar.
They have all “looked the other way,” defended, or failed to condemn this travesty undermining our entire justice system, unfolding under their collective noses at EOIR every day! At some point in the future, all these guys will be “making the rounds” of major law firms, NGOs, universities, mainstream media, and corporations — seeking to “cash in” on their DOJ “experience.” Then, folks should remember how they ACTUALLY PERFORMED (or didn’t) when they had a chance to fix “America’s worst courts” — hotbeds of racial and ethnic injustice, purveyors of bad law, and a haven for ridiculously dysfunctional procedures!
Perhaps a suitable future for these willfully blind “public servants” would be to require them to spend the balance of their careers practicing on a pro bono basis before the “star chambers” they inflicted on others! See how they like being “scheduled,” with no or inadequate notice, to do 15 or 20 asylum cases per month; appearing before too many ill-qualified “judges” who have already decided to deny regardless of the law and facts; appealing to a captive “appellate court” dominated by individuals, working for the Executive, whose main “judicial qualification” was that they denied close to 100% of the asylum claims that came before them in Immigration Court and were known for their rude and dismissive treatment of asylum applicants and their lawyers! See, e.g., “Confronting The American Star Chamber . . .,” https://wp.me/p8eeJm-4Vm.,
Here’s Professor Barak’s bio from the U of Michigan-Dearborn website:
Maya Barak, Ph.D.
Associate Professor of Criminal Justice Studies
Maya P. Barak, PhD Assistant Professor of Criminal Justice Studies U. of Michigan -Dearborn PHOTO: UM-D Websitew
Teaching Areas: Arab American Studies, Criminology & Criminal Justice Studies, Master of Science in Criminology and Criminal Justice, Women’s & Gender Studies
Research Areas: Capital Punishment, Criminal Justice, Criminology, Gangs, Immigrants / Crimmigration, Legal Sociology, Procedural Justice, State-Corporate Crime
Biography and Education
I am an Assistant Professor of Criminology and Criminal Justice at the University of Michigan-Dearborn. I hold a PhD in Justice, Law and Criminology from American University (2016), an MA in Criminology and Criminal Justice from Eastern Michigan University (2011), and a BA in Social Anthropology and Peace and Social Justice from the University of Michigan (2009). My research brings together the areas of law, deviance, immigration, and power, utilizing interdisciplinary approaches that span the fields of criminology, law and society, and anthropology.
Gould, Jon B. and Maya Barak. 2019. Capital Defense: Inside the Lives of America’s Death Penalty Lawyers. New York: NYU Press.
Selected Articles
Barak, Maya. 2021. “Can You Hear Me Now? Attorney Perceptions of Interpretation, Technology, and Power in Immigration Court.” Journal on Migration and Human Security (https://doi.org/10.1177/23315024211034740).
Barak, Maya. 2021. “A Hollow Hope? The Empty Promise of Rights in the U.S. Immigration System”/ “¿Una promesa vacía? La ilusión de “los derechos” en el sistema migratorio de los Estados Unidos.” Las Cadenas Que Amamos: Una panorámica sobre el retroceso de Occidente a todos los niveles.
Barak, Maya. 2021. “Family Separation as State-Corporate Crime.” Journal of White Collar and Corporate Crime Vol. 2(2), 2021, pp. 109-121 (https://journals.sagepub.com/doi/10.1177/2631309X20982299). (2021 Outstanding Article or Book Chapter Award, Division of White-Collar and Corporate Crime, American Society of Criminology)
Barak, Maya. 2017. “Motherhood and Immigration Policy: How Immigration Law Shapes Central Americans’ Experience of Family.” In Forced Out and Fenced In: Immigration Tales from the Field, edited by Tanya Golash-Boza. New York: Oxford University Press.
Advocates and all Americans committed to racial justice and equal justice under law need to keep raising hell — and supporting progressive candidates — until this horrible system is replaced by a real court system, with subject matter expert judges, totally focused on delivering due process, fundamental fairness, and best judicial practices to all!
What’s happening to individuals (fellow humans, “persons” under our Constitution) and their lawyers at EOIR is NOT OK, nor is it acceptable from a DEMOCRATIC ADMINISTRATION!
Yeah, “there’s trouble, right here in River City!” And, it begins with “E,” ends with “R,” and rhymes with “EYORE!”
“Eyore In Distress” Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”
This was the chilling conclusion of Liz Cheney today at the January 6 hearings over what would have happened if the guardrails of our democracy, exposed for their frailty in 2020, had buckled to an autocrat determined to hold onto power. And the danger remains. “Without accountability, it all becomes normal, and it will recur,” Cheney warned.
Cheney’s statement is striking in its simplicity and its power. Her audience is her “fellow citizens,” the ones who will be going to the polls in less than a month to decide who should lead this nation going forward. Her fellow Republicans have cast Cheney as a pariah for having the courage to state the truth: that their leader wanted to destroy America as we know it.
What the committee presented today shed a spotlight on the authorship of this historic tragedy. It is Trump who is the playwright, conjuring and casting the roles of those who would act out his destructive intentions. It was he who dreamt up and directed a frontal attack on American democracy. But he couldn’t have done it without his willing accomplices.
Today, we saw footage of members of Congress grappling in real time with a deteriorating situation on January 6 that could have ended with more bloodshed and the decimation of governmental order. We could feel a visceral fear in their actions and words, not only for their own personal safety but for the safety of the nation they had sworn an oath to serve. Those who could have intervened, starting with the president but including his top aides inside the White House, were absent. And that is just as the president wanted it. We heard today evidence that Trump knew he had lost, and he didn’t care what it would take to retain power.
This man who shamelessly pounds his chest with protestations of patriotism, who literally wraps himself in the American flag, who demonizes his political opponents as haters of America is really the one who views our imperfect experiment in self-governance with disgust. Elections. The rule of law. Peaceful transfers of power. The will of the people. These are the pillars of our nation’s foundation. But for Trump, that’s all just for suckers. He had the presidency, and he didn’t plan on relinquishing it, no matter what the voters or the Constitution said.
January 6 wasn’t an accident. It wasn’t a rally that spun out of control. It was a dangerous and violent storm threatening our nation’s core principles and our whole system of representative democracy. Stop and ponder that. Then remember that it should have been no surprise. The committee has made clear that the plan had been on the radar for weeks. There was plenty of evidence in advance that Trump and his cronies were planning to disregard the verdict of the election if it went against him.
But details and evidence uncovered since have been stunning, including documentary footage of longtime Trump loyalist Roger Stone played today. Here is what Stone had to say even before Election Day (excuse the language, please): “I say fuck the voting, let’s get right to the violence.” Was what we saw on January 6 a Plan B, or really a Plan A?
One of the great attributes of this committee is expert storytelling, laying out, with gripping detail, a narrative — a true story — about the attempted destruction of our democratic order. They have carefully traced the origins of this horror to before the election. They have shown the rising danger and threats of violence. They have identified villainy, led by the president. They have explained with breathtaking intimacy what took place on January 6. And they have made very clear that that day’s actions, while dramatic, were not a denouement. How this story ends is currently unknowable. We will have a better sense after the midterm elections and with the Department of Justice’s decision if, how, and whom to prosecute.
There is a lot about what we heard today, and in the previous hearings, that is infuriating. It also is hard not to feel a deep sadness about the precariousness of our democracy. But we can find hope in the service of this committee. They are saying to all of us, “This happened. Let us not let it happen again. And let us hold those responsible, accountable.”
They believe that most Americans cherish our self-governance, our stability, and our rule of law. They believe that if we know the truth, that we will do everything in our power, as a people, as a nation, to protect against its recurrence.
Does that belief still hold? Or are we now so divided that we can no longer be sure? This is the overriding question as our beloved America evolves in the first quarter of the 21st century.
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When indisputable truth becomes a matter of partisan political “opinion,” we’re all in deep trouble!
The GOP’s cowardly failure to convict Trump twice despite overwhelming evidenced against him was despicable. But, it looks much worse in retrospect. Obviously, lack of accountability encourages the “Trumps of the world!”
The first Steady comment on this post “hit the nail on the head:”
*The outcome of next month’s election is up to US.*
Not the January 6th Committee, the Department of Justice, the New York State AG, or investigators down in Georgia.
No amount of scandal, indictments, whistle blowing, bombshells or leaks will make “MAGA” Republicans stay home, or change their minds.
We — I’m speaking to progressives, sane Republicans, independents, and everyone else who values democracy — need to hit the streets. Knocking on doors, dropping literature, waving campaign signs, phone banking, and talking to neighbors, friends, and relatives.
Time is running out to register to vote and to verify that your registration is still valid. (https://www.vote.org can help with both.) Once you are sure you are registered, make a game plan. Know your polling place! Know your options for early voting and voting by mail. Know what you need to vote (IDs, etc.). Make a fool proof game plan for election day.
Hon. Jeffrey S. Chase Jeffrey S. Chase Blog Coordinator & Chief Spokesperson, Round Table of Former Immigration JudgesDan Kowalski Online Editor of the LexisNexis Immigration Law Community (ILC)
Dan Kowalski reports for LexisNexis Immigration Community:
“The need for effective assistance of counsel applies in immigration law just as it does in criminal law. Aliens, many of whom do not speak English and some of whom are detained before their immigration hearings, can be particularly susceptible to the consequences of ineffective lawyers. Petitioner Arckange Saint Ford paid a lawyer to represent him in removal proceedings, but Saint Ford’s requests for relief from deportation were denied after the lawyer failed to present important and easily available evidence going to the heart of Saint Ford’s claims. Saint Ford retained new counsel, and his new lawyer asked the Board of Immigration Appeals to reopen his case because of his former attorney’s ineffective assistance. The Board declined to do so. Because Saint Ford presents a meritorious ineffective-assistance claim, we will vacate the Board’s decision and remand. … AMBRO, Circuit Judge, concurring Arckange Saint Ford will get a second shot at seeking withholding of removal—that’s what matters. The majority is remanding because of his former counsel’s deficient performance at Saint Ford’s removal hearing. I agree with that and concur in full. But former counsel was not the only one who made significant missteps at the hearing. The Immigration Judge did as well. I therefore would have granted Saint Ford’s initial petition for review and remanded on that basis. I write separately to explain these errors in the hope that similar ones will not be made at Saint Ford’s new hearing. [Emphasis added.]”
“The opinion and judgment filed on May 16, 2022 [34 F.4th 201 (3d Cir. 2022)] are hereby vacated. The Clerk is directed to file the amended opinion and re-enter the judgment contemporaneously with this order.” – Saint Ford v. Atty. Gen.
“Singh argues the BIA committed legal error in denying his motion to reopen because it failed to cite or apply the prejudice standard from Matter of Lozada and its progeny—i.e., that the alien “show a reasonable likelihood that the outcome would have been different,” Molina, 763 F.3d at 1263 (internal quotation marks omitted)— and instead applied an elevated standard of prejudice from Matter of F-S-N-, 28 I. & N. Dec. 1, 3 (B.I.A. 2020)—i.e., that the alien “overcome” a prior adverse credibility determination. We agree. … The BIA applied an incorrect legal standard in deciding whether Singh had been prejudiced by his attorney’s alleged ineffective assistance because it required him to “overcome” the adverse credibility determination to show prejudice. The BIA therefore abused its discretion in denying Singh’s motion to reopen. See Qiu, 870 F.3d at 1202 (“[C]ommitting a legal error . . . is necessarily an abuse of discretion.” (internal quotation marks omitted)). On remand, the BIA should consider whether there is “a reasonable likelihood that the outcome would have been different but for counsel’s deficient performance.” Mena-Flores, 776 F.3d at 1169 (internal quotation marks omitted).”
Wrong legal standards, mistakes at both trial and appellate levels, sloppy work, unfair results in “life or death” cases. Why is this “acceptable quasi-judicial performance” in the Biden Administration? Why isn’t Garland being held accountable for his life-threatening, ongoing, anti-due-process “clown show” @ EOIR?🤡☠️
“EOIR Clown Show Must Go” T-Shirt Custom Design Concept“Lady Injustice” has found a home at Garland’s dysfunctional EOIR! Public Realm
Elizabeth Gibson Managing Attorney National Immigrant Justice Center Publisher of “The Gibson Report”
Weekly Briefing
This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.
NYT: The decision from the three-judge panel on the U.S. Court of Appeals for the Fifth Circuit — one of the country’s most conservative federal appellate courts — affirmed a 2021 lower court decision. The Biden administration will need to continue its legal fight to enroll new applicants in the program, called the Deferred Action for Childhood Arrivals, or DACA.
SD Union-Trib: Simple marijuana possession is usually charged at the state rather than federal level, so if governors follow Biden’s lead, there could be a wider impact on immigration court cases…Biden’s Thursday proclamation also explicitly says that undocumented noncitizens are not eligible for the pardon.
ProPublica: The public has largely stopped paying attention to what’s happening inside shelters and other facilities that house immigrant children since President Donald Trump left office, and particularly since the end of his administration’s zero tolerance policy, which separated families at the southern border.
VOA: Shortly before attending OAS ministerial talks on the perplexing question of migration in the western hemisphere, Blinken told reporters of “new humanitarian and bilateral and regional assistance” to the tune of $240 million. See also United States fell far short of refugee goal last fiscal year
Roll Call: With Cuellar in line to be the top Democrat in the next Congress on the House Homeland Security Appropriations Subcommittee, which oversees the Immigration and Customs Enforcement and Customs and Border Protection budgets, some Democrats and advocacy groups are growing concerned.
WaPo: A Mexican man who was shot fatally inside a Border Patrol station in Texas this week had grabbed an “edged weapon” off a desk inside the facility and continued to approach U.S. agents after they attempted to stop him with a Taser, the FBI said in a statement late Wednesday.
VOA: Two Russians who said they fled the country to avoid military service have requested asylum in the U.S. after landing in a small boat on a remote Alaska island in the Bering Sea, U.S. Sen. Lisa Murkowski’s office said Thursday.
Law360: The U.S. Supreme Court on Monday turned away a deported Salvadoran man’s bid to look into an allegedly “unfairly” crafted deadline for filing deportation order reconsideration requests, ending his decades-long hope of returning to the U.S.
Law360: The Fifth Circuit on Wednesday affirmed a Texas judge’s ruling that vacated the Obama administration’s Deferred Action for Childhood Arrivals program, which has protected some young immigrants from deportation, and barred new applicants, but asked the lower court to review the Biden administration’s recent final rule on the DACA program.
LexisNexis: Because we conclude that the government failed to provide the constitutionally required notice within a reasonable time period following the denial of Asencio-Cordero’s visa application, the government was not entitled to summary judgment based on the doctrine of consular nonreviewability.
LexisNexis: A fraud waiver under section 237(a)(1)(H) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1227(a)(1)(H) (2018), does not waive a respondent’s removability under section 237(a)(1)(D)(i) of the INA, 8 U.S.C. § 1227(a)(1)(D)(i), where conditional permanent residence was terminated for failure to file a joint petition
Law360: A Minnesota federal judge ended an American Civil Liberties Union-backed suit alleging that U.S. Customs and Border Protection assaulted and degraded two teenagers in its custody, after the agency agreed to pay the girls $80,000 to resolve the claims.
Law360: Florida pushed for a trial to resolve its contention that the Biden administration has a policy of releasing immigrants subject to detention, but asked a federal judge to first declare that the state has standing to challenge the alleged policy.
Law360: The head of a U.S. Department of Justice office on Friday asked a Virginia federal judge to nix a suit filed by an immigration judges association claiming they are “muzzled” by a policy that they say bars them from discussing their personal views on immigration, contending that a new policy encourages speech and simply requires supervisory approval.
AILA: USCIS 30-day notice and request for comment on USCIS’s Online Account Access system, formerly called Identity and Credential Access Management (ICAM). Comments are due 11/7/22.
AILA: Following an outbreak of Ebola in the Republic of Uganda, the CDC announced enhanced public health screening for flights departing after 11:59 pm (ET) on 10/10/22, for flights carrying travelers with nexus to Uganda. Said flights will be funneled through JFK, EWR, IAD, ATL, and ORD.
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Elizabeth Gibson (Pronouns: she/her/ella)
Managing Attorney for Capacity Building and Mentorship
National Immigrant Justice Center
A HEARTLAND ALLIANCE Program
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T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org
Given the disgraceful mess @ EOIR, it’s understandable that Garland & Co. fear IJ’s speaking out in public. It’s just not a justifiable position, particularly for a Democratic Administration.
Glenn Kirschner American Lawyer Host, “Justice Matters” PHOTO: By Ejwii – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=73481331
Cannon rules Trump lawyers don’t have to clarify claims on Mar-a-Lago documents
Special master Raymond Dearie had told Donald Trump’s attorneys lawyers to address whether documents were planted or declassified
Judge Aileen M. Cannon told Donald Trump’s lawyers Thursday that they did not need to comply with an order from special master Raymond J. Dearie and state in a filing whether they believe FBI agents lied about documents seized from the former president’s Florida residence.
Thursday’s ruling was the first clash between Cannon, a Trump appointee who has generally shown the former president deference in litigation over the Mar-a-Lago investigation, and Dearie, a federal judge she appointed as an outside expert in the case, who appears to be far more skeptical of Trump.
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Read the complete article at the link.
It’s actually a “clash” between a “Trump toady in robes” and a “real Federal Judge.” No wonder our legal system is falling into disrepute. I daresay no other potential criminal suspect in America has such power to control and improperly influence the investigation into his wrongdoing.
U.S. District Judge Raymond Dearie, who is acting as a special master in the Mar-a-Lago documents case, on Thursday demanded that Donald Trump’s lawyers substantiate another one of the former president’s claims: that the FBI “planted” records.
Dearie ordered Trump’s legal team to submit by Sept. 30 a list of of specific items in the Justice Department’s 11-page inventory of documents taken from the Mar-a-Lago resort — including top secret files — that “plaintiff asserts were not seized from the premises.” They must also submit a list of any items seized that were not on the inventory, the order states.
“This submission shall be Plaintiff’s final opportunity to raise any factual dispute as to the completeness and accuracy of the Detailed Property Inventory,” Dearie said.
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Read the complete report at the above link.
Yes, “real Federal Judges” are one of the keys to ending the MAGA Clown Show 🤡 and saving democracy! Finally, an Article III willing to stand up to the un-American, totally dishonest ex-Prez and his sleazy and ethically challenged legal team.
A.G. Garland take note: Real judges matter! Right now the decks of EOIR are awash in Trump-era “Loose Cannons!”
His defense of the indefensible went over like a lead balloon with those whose lives have been upended by the radical right Justices’ political agenda!
Every time a GOP politico or media sycophant preferences remarks with “I’m not a racist,” you know that some outrageous racist statement is about to follow. What they are doing is dishonestly attempting to preemptively “shift the blame and focus” to those who call out their vile, dishonest conduct!
Over the weekend, Chief Justice John Roberts, drifted down a similar discredited path of disingenuous “preemptive denial.” In a ludicrously tone deaf statement that echoed Tricky Dick’s “I’m not a crook” speech, Roberts lamely attempted to defend the legitimacy of his Court’s stripping of fundamental human rights from women. In doing so, he basically reinforced critics’ points about the Court’s illegitimate, extralegal, right-wing, political war on individual and human rights with a good bit of misogyny thrown in!
Nixon’s “I’m not a crook speech” convinced many that he was, indeed, a crook. Roberts’s “My Court isn’t illegitimate just because it advances a far-right political agenda speech” is heading in the same direction! PHOTO: Twitter
Never mind that the Court basically aligned itself with authoritarian theocrats promoting “forced birth” and overt subjugation of a woman’s fundamental right to decide whether or not to reproduce. Indeed, advancing that minority political agenda was the fundamental reason why Roberts and his GOP crew are on the Court in the first place! To pretend otherwise is off the wall!
There are some strong moral, societal, economic, andmedical arguments to be made about why women should or should not choose to have children. Under the First Amendment, both those who favor abortion and those who oppose it have always been free to argue their points.
But, the idea that these choices should be removed from those directly concerned and placed in the hands of political and religious authorities is preposterous. Lacking convincing arguments to persuade all women facing that choice to their side, the far right theocracy did a preemptive strike! And, their “wholly-owned Justices” went along!
Needless to say, Roberts’s insultingly disingenuous defense of the indefensible did not fare well with informed critics.
Former Sen. Claire McCaskill, now an MSNBC analyist, On Meet the Press:
On Sunday, McCaskill – an MSNBC political analyst – tore into Roberts for taking the country backward and recalled that the jurists who signed onto Alito’s originalist rationalization misled the public during their respective Senate confirmation hearings.
“He’s so so out of touch. I mean really, this interview shows why the numbers for the Supreme Court are so bad. For him to say something like that, he just doesn’t get it. You don’t take away a right that’s been around for 50 years and you don’t have a party go to extremes of trying to make sure rape victims have to have forced birth,” McCaskill said.
“You don’t do that and not have it splash back on the Supreme Court,” she continued. “And they all said they respected precedent when they were confirmed. I heard them. America heard them. Clearly, they didn’t, and you can feel me getting angry at John Roberts right now because he knows better when he says that stuff.”
Professor (and former prosecutor) Joyce White Vance, Professor Leah Litman, Professor Stephen I. Vladeck, Political Scientist Norman Ornstein:
“Roberts’s failure to understand why the court has lost credibility with so many Americans smacks of ‘Let them eat cake,’ ” Joyce White Vance, a former prosecutor and a distinguished professor of the practice of law at the University of Alabama law school, told me. “The Supreme Court has a proud history of defending our rights, not taking them away. The Roberts court will go down in history as the first one” to strip away people’s rights.
University of Michigan law professor Leah Litman said: “I would be embarrassed to say something that naive and divorced from reality if I had said it as a first-year law student. For the chief justice to say it is just an insult to the intellect of everyone who knows anything about the court, American democracy and politics.”
. . .
If Roberts and the conservative bloc were to engage in just a tiny amount of self-reflection, they would understand that their own actions have brought them to this point. Law professor Stephen I. Vladeck, of the University of Texas school of law, asked me rhetorically: “If the court’s legitimacy doesn’t come from public acceptance of the principled nature of its decision-making, where does it come from?”
While Roberts might not have written the most egregious opinions, he has joined in them, from the abortion ruling in Dobbs, to the prayer-in-schools ruling in Bremerton, to a Brnovich decision on voting rights, written by Alito, that “blatantly ignored the plain language of the law and rewrote it to fit his partisan and ideological views,” as political scientist Norman Ornstein told me. Moreover, Ornstein said, it is Roberts who has “ignored Clarence Thomas’s blatant conflicts of interest and continues to oppose applying the judicial code of ethics to the Supreme Court, even as its credibility plummets.”
He concluded: “John G. Roberts Jr. is far from the worst justice undermining the fundamental legitimacy of the court, but he is surely culpable.”
The court has failed to regulate itself and instead has abused its power. None of the six right-wing justices acknowledge, nor do they signal they want to halt, the conduct that has lost the public’s confidence.
So it’s up to Congress and the president to shore up the court’s credibility. Allocating more seats to correct the damage done by Sen. Mitch McConnell’s court-packing, imposing term limits on all justices and enacting a mandatory code of ethics would be good places to start.
But it’s not just the outcome, which decimated a right Americans had held for five decades and put a variety of other privacy rights in jeopardy. It’s the way that decision — and others on guns, climate change, and religion — recently came to pass.
In this case, Roberts would have done better to confine himself to “calling balls and strikes.” Sadly, he and his GOP colleagues have gotten out from behind the plate and taken the field in their “Federalist Society” uniforms. He’s going to have to learn to live with objections and catcalls from those in the stands who see what’s really going on here and are understandably upset about the Court’s overreach, substandard legal performance, lack of accountability, absence of self-awareness, and, yes, lack of legitimacy.
Better judges for a better, fairer America — from the Immigration Courts to the Supremes!
By the way, we can’t change the Supremes overnight. But, Biden, Harris, & Garland COULD have reformed, repaired, and legitimized the Immigration Courts, including the BIA, that they control. That they have failed to do so is the biggest “unforced error” of the Biden Administration — one that will haunt Democrats and Americans for ages!
Every day Garland’s parody of a court system, still largely bearing the unmistakable stamp of White Nationalists Sessions, Barr and Miller, continues to run roughshod over individual rights, often in life or death cases, while degrading the judicial process. Misogyny and racism are also on full display, as a disproportionate brunt of their unprofessional, wrong-headed, result-oriented “any reason to deny” decision-making falls on refugee women of color (and often on their accompanying children).
There is a very direct connection between “DHS agents in robes” in our Immigration Courts and “right-wing politicos in robes” at the Supremes. Part of the idea is to “normalize” injustice directed at “the other” — just so long as YOUR life isn’t directly affected, who cares? It’s also known as “Dred Scottification.” It’s the “polar opposite” of Dr. Martin Luther King’s observation that “injustice anywhere is a threat to justice everywhere.” If Dems don’t “connect the dots,” they might not be able to save our democracy!
Ethics Prohibited Beyond This Point! “The naked self-interest was so rampant that Trump’s West Wing could be considered a nudist colony where decency was shed instead of clothing.” CREATIVE COMMONS.
Documents seized from Donald Trump’s Florida home (credit: Department of Justice)
Sometimes we write a lot of words on Steady. Today will be an exception. Because for all that there is to say, for all that needs to be said, for all that an accounting for history requires we say, the general sentiments are quite simple:
They knew. They all knew.
It was clear to anyone who had an ounce of appreciation for what the job of the presidency entails, to anyone who respected the constitutional order of our government, to anyone who worried about the health and safety of this nation, to anyone with a moral compass, to anyone who prizes the common sense of purpose that great leaders can summon, that Donald J. Trump had no business anywhere near the presidency.
Now, as he melts down in the face of a serious criminal investigation, as we see pictures of how he stored classified material and his utter disregard for our nation’s most sensitive secrets, as we are left to wonder what he was up to and what damage was done, we should recognize that we would not be where we are today without his enablers, apologists, and hangers-on.
They heralded his outrageousness in a chorus of sycophancy.
They feted his vileness.
They viciously attacked those who pointed out the obvious, that Trump was mentally, emotionally, intellectually, morally, and constitutionally unfit for his office.
And who are they? They are the Republican politicians, the so-called serious ones who expressed their concerns in private even as they used Trump to achieve their desired tax cuts and judges. They are the members of his administration — senior and junior — who jockeyed to maximize their career benefit at the expense of doing the necessary work for the American people. They are the lawyers who twisted themselves into pretzels to try to legalize his inherent lawlessness. They are the media personalities who saw Trump as a printing press for their accrual of wealth and power. They are the capitalists who put corporate earnings ahead of the well-being of the nation.
While Trump’s voters were primed with a toxic stew of hatred, bigotry, and divisiveness, the small cabal playing the inside game didn’t bother with the MAGA hats. They were too busy trading access for favors. The naked self-interest was so rampant that Trump’s West Wing could be considered a nudist colony where decency was shed instead of clothing.
But make no mistake…
In their cowardice, they knew.
In their cynicism, they knew.
In their contempt, they knew.
In their rationalizations, they knew.
In their acquittals of his conduct, even for impeachment, they knew.
They knew when they could have stopped him — before he became president, and once he was president.
But they didn’t stop him. And with their inaction, they encouraged him.
As the Trump bubble begins to pop, all these people who knew what he was all along will likely scurry like cockroaches when the lights go on. They will make all sorts of excuses for their complicity. They will gaslight, lie, and try to rewrite history. You can already see it in many of their so-called tell-all books. Except what they are telling is only the story they want people to hear. It is not the truth.
The truth is that they don’t dare say what we all know. They knew.
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Throughout history, despots and would-be despots have surrounded themselves with motley crews of sycophants, toadies, and retainers. Trump has excelled at it!
As MAGA thugs are wont to do, their reaction to the lawful search at former president Donald Trump’s Mar-a-Lago home, which we now know might have been related to nuclear secrets (which Trump has denied), amounted to an stream of insults and threats designed to whip up unhinged, violent characters.
While the exact motives of the person who attacked FBI offices in Cincinnati on Thursday remain unknown, reports indicate he was in D.C. in the days leading up the Jan. 6 insurrection and might have been at the U.S. Capitol that day. The GOP’s cycle of incitement and violence continues.
FBI Director Christopher A. Wray was properly outraged. “Unfounded attacks on the integrity of the FBI erode respect for the rule of law and are a grave disservice to the men and women who sacrifice so much to protect others,” he said in a written statement on Thursday. “Violence and threats against law enforcement, including the FBI, are dangerous and should be deeply concerning to all Americans. Every day I see the men and women of the FBI doing their jobs professionally and with rigor, objectivity, and a fierce commitment to our mission of protecting the American people and upholding the Constitution. I am proud to serve alongside them.”
. . . .
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Read the full op-Ed at the link.
Here’s one of the ways the MAGA GOP insurrectionists show “support” for laws and law enforcement:
DC Capitol Storming IMG 7951.jpg Crowd of Trump supporters marching on the US Capitol on 6 January 2021, ultimately leading the building being breached and several deaths. PHOTO: Creative Commons License.
Isabela Dias Staff Writer, Immigration & Social Issues Mother Jones PHOTO: TwitterProfessor Andrew S. Rosenberg Assistant Professor of Political Science U of Florida PHOTO: Website
“Undesirable Immigrants: Why Racism Persists in International Migration”
. . . .
In the book, you dispute the assumption that the right to border control and to exclude foreigners is an inherent feature of sovereign states. Instead, you frame it as a “modern consequence of racism.” Why do you see it that way?
The nation-state is a relatively modern invention on the scale of human history. Today, we have this conventional wisdom floating around that it is the natural right and duty of nation-states as sovereign entities to be able to restrict foreigners and have these really hard borders—and that it’s that ability that makes a state what it is. Actually, if you go back in time and look at the international legal thought that emerged from the 15th through the 19th centuries on what it actually means to be a state, the commonly held assumption that people like the late Justice [Antonin] Scalia and others talk about, is actually an invention of the 19th century. In the 16th and 17th centuries, the great thinkers of international legal jurisprudence or of state theory either thought that states had a right or an obligation to be hospitable to foreigners and to allow them free passage into their territory or, at most, it was up for raucous debate. It was only in the 19th century, when immigrant-receiving countries like the United States began receiving a large influx of racially different outsiders like the Chinese, that this presumption that sovereign states have a right and an obligation that can be tied back to their status as sovereign states to restrict outsiders emerged.
People like Texas Governor Greg Abbott seem to invoke that supposed inherent right when they describe migrants at the border as an “invasion.”
Precisely. These types of “declarations of war” are one of the clearest examples of this ideology seeping into public debate, which leads everyday people to create this idea that migrants are undesirable outsiders who are not fit for, or are undeserving of reaping the benefits of living in the United States or participating in our society.
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Read the complete interview at the link.
The myth of the “undesirable immigrant” — at the heart of the anti-immigrant rabble rousing of Trump, Miller, Bannon, DeSantis, Abbott, Cotton, Hawley, etc. — has deep roots in American racial history.
I’ve said it many times: There will be neither racial justice nor equal justice for all without justice for immigrants (regardless of status). Laws like the Refugee Act of 1980, that very explicitly make arrival status irrelevant to access to a fair legal process, have been intentionally misinterpreted and misapplied by right-wing judges from the Supremes all the way down to the Immigration Courts.
Advocates for civil rights, womens’ rights, LGBTQ+ rights, voting rights, disability rights, and other fundamental rights that have been unlawfully restricted or diminished, usually, but certainly not exclusively, by the right, who continue to ignore the primacy of dealing with the intentional unfair, racially biased treatment of migrants do so at their own peril!
U.S. District Judge Cynthia Bashant minces no words in blasting both the unlawful, cruel, and unconstitutional policy and the Supreme’s toxic decision to look the other way as immigration enforcement runs roughshod over legal, constitutional, and human rights.
In its September 2, 2021 decision, this Court held the right to access the U.S. asylum
process conferred vis a vis § 1158(a)(1) applies extraterritorially to noncitizens who are
arriving at Class A POEs along the U.S.-Mexico border, but who are not yet within the
jurisdiction of the United States, and is of a constitutional dimension. (Op. Granting in
Part and Denying in Part Parties’ Cross-Mots. for Summ. J. (“MSJ Opinion”), ECF No.
742.) It further held that Defendants’ systematic turnbacks of asylum seekers arriving at
Class A POEs (the “Turnback Policy”) amounted to an unlawful withholding by
immigration officials of their mandatory ministerial “inspection and referral duties”
detailed in 8 U.S.C. § 1225 (“§ 1225”), in violation of the Administrative Procedures Act,
5 U.S.C. § 706(1) et seq., and the Fifth Amendment Due Process Clause. (MSJ Opinion at
33–34, 37–38); see 8 U.S.C. §§ 1225(a)(3) (mapping out immigration officials’ duty to
inspect asylum seekers), 1225(b)(1)(A)(ii) (mapping out immigration officials’ duty to
refer asylum seekers to the U.S-asylum process).
In casting appropriate equitable relief to rectify the irreparable injury Defendants’
unauthorized and constitutionally violative Turnback Policy has inflicted upon members
of the Plaintiff class,2 this Court ordinarily would be guided by the fundamental principle
that an equitable remedy should be commensurate with the violations it is designed to
vindicate. See Columbus Bd. of Educ. v. Penick, 443 U.S. 449, 465 (1979) (“[It is an]
accepted rule that the remedy imposed by a court of equity should be commensurate with
the violation ascertained.”). Equitable relief should leave no stone unturned: it should
correct entirely the violations it is aimed at vindicating. That cornerstone of Article III
courts’ equitable powers generally is unfaltering, whether the party against whom an
injunction is sought is a private entity, a state actor, or, as here, a federal official. Thus, in
2 Plaintiffs consist of the named Plaintiffs listed in the case caption, along with a certified class
consisting of “all noncitizens who seek or will seek to access the U.S. asylum process by presenting
themselves at a Class A [POE] on the U.S.-Mexico border, and were or will be denied access to the U.S.
asylum process by or at the instruction of [Customs and Border Protection] officials on or after January 1,
2016.” (Class Certification Order at 18, ECF No. 513.) The Court also certified a subclass consisting of
“all noncitizens who were or will be denied access to the U.S. asylum process at a Class A POE on the
U.S.-Mexico border as a result of Defendants’ metering policy on or after January 1, 2016.” (Id.)
– 3 – 17cv2366
the ordinary course of things, this Court would not hesitate to issue broad, programmatic
relief enjoining Defendants from now, or in the future, turning back asylum seekers in the
process of arriving at Class A POEs, absent a valid statutory basis for doing so.
Yet the circumstances with which this Court is presented are not ordinary because
of the extraordinary, intervening decision of the United States Supreme Court in Garland
v. Aleman Gonzalez, 142 S. Ct. 2057 (2022). That decision takes a sledgehammer to the
premise that immigration enforcement agencies are bound to implement their mandatory
ministerial duties prescribed by Congress, including their obligation to inspect and refer
arriving noncitizens for asylum, and that, when immigration enforcement agencies deviate
from those duties, lower courts have authority to issue equitable relief to enjoin the
resulting violations. It does so through unprecedented expansion of a provision of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1989 (“IIRIRA”), 8
U.S.C. § 1252(f)(1) et seq. (“§ 1252(f)(1)”), which for years the Ninth Circuit has
interpreted as placing a relatively narrow limit on injunctive relief. In essence, Aleman
Gonzalez holds that § 1252(f)(1) prohibits lower courts from issuing class-wide injunctions
that “require officials to take actions that (in the Government’s view) are not required” by
certain removal statutes, including § 1225, or “to refrain from actions that (again in the
Government’s view) are allowed” by those same provisions. Id., 142 S. Ct. at 2065.
Federal courts (except for the Supreme Court) now may only issue injunctions enjoining
federal officials’ unauthorized implementation of the removal statutes in the individual
cases of noncitizens against whom removal proceedings have been initiated. See id.
In no uncertain terms, the logical extension of Aleman Gonzalez appears to bestow
immigration enforcement agencies carte blanche to implement immigration enforcement
policies that clearly are unauthorized by the statutes under which they operate because the
Government need only claim authority to implement to immunize itself from the federal
judiciary’s oversight.
With acknowledgment that its decision will further contribute to the human suffering
of asylum seekers enduring squalid and dangerous conditions in Mexican border
– 4 – 17cv2366
communities as they await entry to POEs, this Court finds the shadow of Aleman Gonzalez
inescapable in this case. Even the most narrow, meaningful equitable relief would have
the effect of interfering with the “operation” of § 1225, as that term is construed by the
Aleman Gonzalez Court, and, thus, would clash with § 1252(f)(1)’s remedy bar. Aleman
Gonzalez not only renders uneconomical vindication of Plaintiff class members’
statutorily- and constitutionally-protected right to apply for asylum, those inefficiencies
inevitably will lead to innumerable instances in which Plaintiff class members will be
unable to vindicate their rights at all. Thus, while the majority and dissent in Aleman
Gonzalez hash out their textual disagreements concerning § 1252(f)(1)’s scope in terms of
remedies, make no mistake, Aleman Gonzalez leaves largely unrestrained immigration
enforcement agencies to rapaciously scale back rights. See Tracy A. Thomas, Ubi Jus, Ibi
Remedium: The Fundamental Right to a Remedy Under Due Process, 41 San Diego L.
Rev. 1633, 1634 (2004) (“Disputes over remedies provide a convenient way for dissenters
to resist conformance to legal guarantees. Courts can declare rights, but then default in the
remedy to avoid a politically unpopular result.” (footnote omitted)).
Although it is no substitute for a permanent injunction, class-wide declaratory relief
is both available and warranted here. In lieu of even a circumscribed injunction enjoining
Defendants from again implementing a policy under which they turn back asylum seekers
presenting themselves at POEs along the U.S.-Mexico border, the Court enters a
declaration in accordance with its MSJ Opinion that turning back asylum seekers
constitutes both an unlawful withholding of Defendants’ mandatory ministerial inspection
and referral duties under § 1158 and § 1225 in violation of both the APA and the Fifth
Amendment Due Process Clause. The Court also issues relief as necessary to named
Plaintiff Beatrice Doe.
. . . .
You can read Judge Bashant’s full opinion at the link.
Meanwhile, Secretary Mayorkas exercised the authority recognized by the Supremes in Biden v. Texas to terminate the reprehensible and illegal “Remain in Mexico” (a/k/a “Let ‘Em Die in Mexico”) program engineered by Trump and Miller. Predictably, the same scofflaw, restrictionist “Red AG’s” who had instituted frivolous litigation to block this long overdue action filed more specious objections with the Trump-appointed US District Judge, as advocacy groups like Justice Action Center (“JAC”) pledged to fight the racist right until this vile (and highly ineffective) program is finally ended.
JAC Responds to Official Termination of Remain in Mexico, Attempts by Texas to Delay Wind-Down
FOR IMMEDIATE RELEASE
August 9, 2022
WASHINGTON, D.C. — In a victory for immigrants’ rights movement, the Remain in Mexico program has been officially terminated after court proceedings following the Supreme Court’s ruling in Biden v. Texas on June 30. Below is a statement from Justice Action Center founder and director Karen Tumlin:
“The official end to shameful Remain in Mexico program is a victory for the immigrants’ rights movement and the right to asylum. RMX is a stain on the country’s history, having harmed tens of thousands of people fleeing for their lives since the Trump Administration instituted the unlawful and immoral program in 2019.
“Since the Supreme Court’s ruling affirming the authority of the Biden Administration to end the RMX program, the #SafeNotStranded campaign has called on the President and DHS to implement a swift and humane wind-down, including halting all new enrollments and allowing everyone in RMX to safely pursue their asylum claims in the U.S. Yesterday, DHS stated its wind-down has begun and new people will not be enrolled in the program, and that it would disenroll individuals with upcoming RMX hearings. These are important first steps to finally redress just some of the immense harm inflicted by the program.
“This commitment by DHS, following such a significant SCOTUS victory, illustrates the strength and resilience of the immigrants’ rights movement. But even after a clear loss, Texas is continuing its hateful attempts to keep this deadly program in place for as long as possible: After the District Court rightfully vacated its injunction of the RMX wind-down yesterday, Texas unfortunately—yet unsurprisingly—filed an amended complaint challenging the second DHS memo rescinding RMX, as well as a motion asking the District Court to stay the memo’s effective date.
“But we will not be deterred: advocates will continue to fight back against ongoing red state efforts to continue Trump’s racist and xenophobic agenda and work towards a world where all people fleeing danger can be safe, not stranded.”
Justice Action Center (JAC) is a new nonprofit organization dedicated to fighting for greater justice for immigrant communities by combining litigation and storytelling. JAC is committed to bringing additional litigation resources to address unmet needs, empower clients, and change the corrosive narrative around immigrants in the U.S. Learn more at justiceactioncenter.org and follow us on Twitter, Instagram, and Facebook.
We should remember that the Trumpest GOP’s insurrectionist war on American democracy and attack on truth and human decency began with overt lies and racist attacks on migrants of color and non-Christians. It has escalated to become an all out assault on our future as a nation of laws and values.
We can’t go back to a time when liberals and progressives viewed immigration as a tangental or secondary issue. It is THE all-encompassing issue now in preserving American democracy from GOP efforts to destabilize and destroy our nation’s fabric from bottom to top!
Much has been made of the ensuing polarization in our politics, and it’s true that moderates are a vanishing breed. But the problem isn’t primarily polarization. The problem is that one of our two major political parties has ceased good-faith participation in the democratic process. Of course, there are instances of violence, disinformation, racism and corruption among Democrats and the political left, but the scale isn’t at all comparable. Only one party fomented a bloody insurrection and even after that voted in large numbers (139 House Republicans, a two-thirds majority) to overturn the will of the voters in the 2020 election. Only one party promotes a web of conspiracy theories in place of facts. Only one party is trying to restrict voting and discredit elections. Only one party is stoking fear of minorities and immigrants.
Admittedly, I’m partisan — not for Democrats but for democrats. Republicans have become an authoritarian faction fighting democracy — and there’s a perfectly logical reason for this: Democracy is working against Republicans. In the eight presidential contests since 1988, the GOP candidate has won a majority of the popular vote only once, in 2004. As the United States approaches majority-minority status (the White population, 76 percent of the country in 1990, is now 58 percent and will drop below 50 percent around 2045), Republicans have become the voice of White people, particularly those without college degrees, who fear the loss of their way of life in a multicultural America. White grievance and White fear drive Republican identity more than any other factor — and in turn drive the tribalism and dysfunction in the U.S. political system.
Other factors sped the party’s turn toward nihilism: Concurrent with the rise of Gingrich was the ascent of conservative talk radio, followed by the triumph of Fox News, followed by the advent of social media. Combined, they created a media environment that allows Republican politicians and their voters to seal themselves in an echo chamber of “alternative facts.” Globally, south-to-north migration has ignited nationalist movements around the world and created a new era of autocrats. The disappearance of the Greatest Generation, tempered by war, brought to power a new generation of culture warriors.
But the biggest cause is race. The parties re-sorted themselves after the epochal changes of the 1960s, which expanded civil rights, voting rights and immigration. Richard Nixon’s “Southern Strategy” began an appeal to White voters alienated by racial progress, and, in the years that followed, a new generation of Republicans took that racist undertone and made it the melody.
It is crucial to understand that Donald Trump didn’t create this noxious environment. He isn’t some hideous, orange Venus emerging from the half-shell. Rather, he is a brilliant opportunist; he saw the direction the Republican Party was taking and the appetites it was stoking. The onetime pro-choice advocate of universal health care reinvented himself to give Republicans what they wanted. Because Trump is merely a reflection of the sickness in the GOP, the problem won’t go away when he does.
As I noted in yesterday’s post, racially charged lies, myths, knowingly false narratives, and bogus attempts to tie migrants to all the ills of society are a key part of the GOP’s toxic narrative! The continuing campaign of hate and misinformation began with immigrants — but as this article suggests, it won’t end until either the GOP is thrown out of office at all levels or our nation’s constitutional structure and democratic republic are in tatters!
Dan Rather American Journalist PHOTO: Creative Courtside
FROM “STEADY” FOR July 1, 2022:
A HARD RIGHT TURN
By Dan Rather and Elliott Kirschner
As the United States Supreme Court wrapped up its spring term today, its marbled halls risked representing the setup to an ironic joke — albeit one not funny but rather cruel, dangerous, and foreboding.
The building is supposed to symbolize stability, fairness, and temperance. Instead, it has become headquarters for a majority group of highly partisan, reactionary players who make clear that they are uninhibited by history, precedent, or the will of the majority of the American people.
Their black robes are meant to convey modesty, humility, and wisdom. Yet this collection of politicians demonstrates the direct opposite.
This Supreme Court term will be remembered as the moment a cynical and anti-democratic movement, decades in the making, reached its zenith, empowered by bad faith and opportunism. Now the cabal lords its power over a broken political system from a perch of increased influence and lack of accountability.
This is power politics by unelected actors, appointed largely by men who lost the popular vote for president. Its path was paved by Mitch McConnell’s Machiavellian exploitation of the deaths of two justices. He was a master of shamelessness with a single purpose — to accomplish via judicial appointment what he could never have achieved through democratic means.
The damage he and his hard-right radicals have wrought touches all aspects of society, from abortion rights to commonsense gun control to the environment to what I believe is an overlooked evisceration of the separation of church and state. What we have are the ruins of what many took for granted as our constitutional rights. And nothing suggests these justices are anywhere near sated.
We have now firmly left behind the realm of the theoretical. This is real, and it will get only more so. For years there were those who warned that Roe wasn’t safe, and neither was anything else, that these justices were licking their chops to devour a modern America and spit out a distorted version of the past. Too many of these prophets were dismissed as hysterical, their fears histrionic and overblown. Surely, they were lectured, precedent matters. Certainly there would have to be some legal basis to rewrite America’s social contract and decades of settled rights.
Wrong.
All of you who spoke up, who tried to get others to pay attention, you deserve an apology.
There can be no hiding from it now. All of this is out in the open. The justices aren’t even trying to obscure what they are doing and where they intend to go. But in their transparent power plays, there are still faint glimmers of hope.
I hear from people who in the past had rarely talked about the court. Now, they are suddenly enraged. Many are focused on how, just today, the justices accepted a case for next year that could allow state legislatures to take a torch to fair elections. How many people in the past got so riled up about an upcoming court docket?
The Supreme Court relies on its reputation, and these days, its reputation for humility, fairness, and wisdom is in tatters. Its rulings increasingly seem to be far outside where most Americans are. Wait until they tackle contraception and the privacy of one’s bedroom.
To all who feel bereft of hope, I offer the lessons of social movements of the past. Perseverance is power. Organizing inspires optimism. Resilience breeds results.
In order to solve a problem, you first have to see it, name it, contend with its truth. That is the stage many are in now. But many others have already been there for a long time. This is a movement that already has leadership. Now it has momentum born from a desire to ensure that America goes forward, toward progress, and true to the Constitution and the will of its people.
Donald G. Sanders, a former Senate lawyer who uncovered the White House tapes that led to President Richard M. Nixon’s resignation, died on Sunday at a hospital in Columbia, Mo. He was 69.
Mr. Sanders, who lived in Columbia, died of cancer, said his wife, Dolores.
A former F.B.I. agent, Mr. Sanders was a Republican staff lawyer for the Senate committee investigating the Watergate break-in when he brought to light ”the smoking gun” that eventually pointed to Nixon’s complicity in a cover-up of the break-in.
It was in a closed-door preliminary interrogation that Mr. Sanders’s curiosity was aroused by seemingly apprehensive answers from Alexander P. Butterfield, Nixon’s former appointments secretary.
Mr. Sanders dug deeper and asked if it were possible that some sort of recording system had been used in the White House.
Mr. Butterfield answered, ”I wish you hadn’t asked that question, but, yes, there is.”
Mr. Sanders then hurried to tell Fred D. Thompson, the lead minority counsel who is now a Republican senator from Tennessee.
”We both knew then it was important,” Mr. Sanders recalled in a 1997 interview.
Then, in nationally televised hearings, Mr. Thompson asked Mr. Butterfield about the recording system.
”It was actually Don who discovered the existence of the White House taping system, but he was too unassuming to ever mention it,” Mr. Thompson said on Monday in an interview with The Associated Press.
Mr. Sanders had returned to his home state in the 1980’s after more than two decades of Federal Government service as a lawyer for Congressional committees, an F.B.I. agent and an Assistant Secretary of Defense under President Gerald R. Ford.
Donald Gilbert Sanders was born on April 26, 1930, in St. Louis. He graduated from the law school of the University of Missouri and then spent two years in the Marines. From 1956 to 1959, he was city attorney for Columbia.
From 1959 to 1969, Mr. Sanders worked for the F.B.I.
In 1969, he started working as a lawyer for Congressional committees.
After returning to Missouri, Mr. Sanders served as a commissioner in Boone County in 1989 and 1990, but he did not seek re-election. He had a private law practice in Columbia until his death.
In 1997, Mr. Sanders, while battling cancer, tried to start a national campaign to draft Senator Thompson for the 2000 Republican Presidential nomination, but Mr. Thompson declined to enter the race.
In addition to his wife, Mr. Sanders is survived by two sons, Michael, of Dallas, and Matthew, of Monrovia, Calif.; a daughter, Deborah Sanders, of Arlington, Va., and his mother, Ann Sanders of Columbia.
A version of this article appears in print on Sept. 29, 1999, Section A, Page 25 of the National edition with the headline: Donald G. Sanders Dies at 69; Brought Nixon Taping to Light. Order Reprints | Today’s Paper | Subscribe
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Well, my friend Deb knew, of course!
What an important role! And, one that is antithetical to most of today’s GOP, with a few exceptions. It’s an interesting (discouraging) contrast with the total lack of integrity among most GOP politicos and “parallel universe” supporters whose corrupt willingness to face truth about Trump’s criminal conspiracy to overthrow our Constitution and our duly elected Government still threatens our American democracy!
