🇺🇸👩‍⚖️⚖️👏 JUSTICE SANDRA DAY O’CONNOR (1930 – 2023): GUTSY LEGAL TRAIL BLAZER OPENED DOORS, CHANGED LEGAL LANDSCAPE — Brought Practicality, Humanity, Civility To High Court!

Hon. Sandra Day O’Connor (1930 - 2023)Associate Justice, Supreme Court (1981 - 2006) PHOTO: Wikimedia Commons
Hon. Sandra Day O’Connor (1930 – 2023)
Associate Justice, Supreme Court (1981 – 2006)
PHOTO: Wikimedia Commons

A retrospective by Sara Bondoili on HuffPost:

https://www.huffpost.com/entry/sandra-day-oconnor-dead_n_561c0f00e4b0e66ad4c8d5a4

Sandra Day O’Connor, the first woman to serve on the Supreme Court, died at age 93, the court announced Friday.

The woman who often referred to herself as FWOTSC (First Woman on the Supreme Court) was a justice for 26 years, serving as the swing vote in cases addressing abortion and affirmative action. (O’Connor, however, hated the term “swing vote,” saying it suggested a person who made their rulings on a whim.) She retired from the court in 2006.

“My appointment just opened the doors, and it was not only in the United States,” O’Connor said in 2012. “It immediately had an effect in other parts of the world, with opportunities for women. It was quite amazing to see.”

. . . .

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Read the rest of the tribute at the link.

She was a pioneer and a legal giant who put thoughtful judging, fairness, problem solving, and collegiality above ideology. She changed America for the better. Not many judges today can say that!

Interestingly, Justice O’Connor’s story is similar to that of one of my law professors at U.W. Law (1970-73), Hon. Shirley Abrahamson who went on to serve as Chief Justice of the Wisconsin Supreme Court. Despite graduating at the top of her class at Indiana Law, like Justice O’Connor, Chief Justice Abrahamson got no job offers other than as a legal secretary. Like Justice O’Connor, Chief Justice Abrahamson refused to accept the arrogant, misogynistic “verdict” of the then male-dominated legal system “establishment.” Like Justice O’Connor, she fought her way the top of our profession by virtue of her intellectual excellence, performance, and persistance. 

While opening doors for many, unfortunately, as she herself acknowledged, Justice O’Connor is also symbolic of a bygone era — one where practical experience and common sense in our judges was valued over ideology. It’s impossible to imagine any candidate for the Supremes being unanimously confirmed by the Senate, as it is that any future Republican President would even consider someone like Justice O’Connor for the job.

🇺🇸 Due Process Forever!

PWS

12-02-23

🇺🇸⚖️🗽 THE POLITICS OF SOCIAL JUSTICE: PROGRESSIVES WIN KEY RACES IN WISCONSIN & CHICAGO!😎 — Instead Of “Running Away” From The Humanitarian Values That Got Them Elected, Biden, Harris, & So-Called “Centrist Dems” Should Be Embracing The Practical, Universal Values Of Due Process, Fundamental Fairness, Equal Justice Under Law & The Human Dignity Of All!

Equal Justice
Equal Justice
FROM: United Nations, Creative Commons LIcense

From HuffPost:

Liberals Take Control Of Wisconsin Supreme Court

https://www.huffpost.com/entry/janet-protasiewicz-wins-wisconsin-supreme-court-race_n_642c7201e4b0ba5d603c81ed

Brandon Johnson, Progressive Union Organizer, Elected Mayor Of Chicago

https://www.huffpost.com/entry/brandon-johnson-elected-chicago-mayor_n_642caf1be4b0ba5d603cc31a

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It’s also remarkable, if not surprising, that 33,000 of us, many representing larger groups, filed written comments OPPOSING Biden’s tone-deaf, anti-due-process, anti-rule-of-law, racially-targeted, designed-to-fail, Stephen-Miller-inspired “death to asylum (and asylum seekers)” proposed regulations!  https://default.salsalabs.org/Ta42828aa-7c89-4fca-a530-ab64d55d9cdf/e9c83407-de3b-4bcf-a318-704cbcd599a2. As someone who spent considerable time analyzing public comments on regulations during my career, that’s an astounding show of unified opposition.

Of course, that doesn’t mean that Biden, Harris, Garland, Mayorkas, or anyone else in the Administration will listen. But, they should! 

Unfortunately, the ridiculously short 30-day comment period and that this major reversal of the positions and values that Biden and Harris campaigned upon, without meaningful input and discussion with experts who actually understand the borders and have been present there, indicates that the the comments are likely to be largely ignored. That’s going to lead to big time litigation — from both progressives and GOP nativist/restrictionists. 

But, discouragingly, the Biden Administration has shown itself to be willing to tie up time and resources insanely (and not necessarily successfully) doing battle with its own would-be supporters rather than fighting the right! Just who they think is going to be the “winner” here — other than, perhaps, Donald Trump and Jim Crow  — is beyond me!

James “Jim” Crow
James “Jim” Crow
Symbol of American Racism. Biden’s ill-advised and tone-deaf nativist asylum policies appear designed to appease this guy rather than to please those who actually voted for him and other Democratic candidates!

Instead of “running away” in the face of the GOP’s scurrilous “Anti-Woke Campaign:” targeting immigrants, the LGBTQ+ community, African Americans, Latinos, Asian Americans, Jews, Muslims, women’s reproductive rights, teachers, free speech, libraries, public education, medical science, the environment, social justice, the Federal Government, voting rights, unions, the working poor, and just about all “mainstream American” individual freedoms, the Biden Administration and Dems in general should stand up for what’s actually great about America and against the GOP’s vile, ignorant, hateful “culture warriors” and “Jim Crow racists and misogynists. Defending the legal rights and humanity of asylum seekers and other migrants would be a good place to start a real defense of American values and democracy! That is, if someone in power were really interested in those things!

🇺🇸 Due Process Forever!

PWS

04-05-23

POLITICS: SYCOPHANT SPOTLIGHT: PARALLEL UNIVERSE “I always tell people that to know President Trump is to know someone whose word is his bond,” Says Creepy Veepy Of Congenital Liar Trump!🤮

 

https://www.huffpost.com/entry/mike-pence-donald-trump-claim-bond_n_5f5321f0c5b62b3add40d7d6

Lee Moran reports for HuffPost:

Vice President Mike Pence raised eyebrows with his latest praise of President Donald Trump, which critics described as “ridiculous” and “embarrassing.”

“I always tell people that to know President Trump is to know someone whose word is his bond,” Pence claimed Thursday during a “Life Wins!” event in Raleigh, North Carolina.

. . . .

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Read the full article at the link.

Perhaps what Mikey Moron meant to say is “whose word is as bogus as a $3 bill” (isn’t that the one with the Liar-in-Chief’s picture on the front?) 

I actually think words like “ridiculous” and “embarrassing” are far, far too kind to this shameless butt-kisser, moral coward, incompetent executive, and betrayer of American democracy and human decency! He’s part of the “Evil Clown Show” ☠️🤮🤡 that has killed tens of thousands of American citizens as well as an untold number of refugees, asylum seekers, and other migrants, put innocent kids in jail, and caused unfathomable pain and suffering to name just a few of the gross misdeeds in which he has had a supporting role. 

Has there ever in history been a more outlandish incumbent ticket of “proven malicious incompetency?”

This November, vote like your life and the future of our nation depend on it! Because they do!

PWS

09-05-20

WITH A BLITHERING IDIOT CALLING THE SHOTS AND THE RIGHT-WING’S VILEST OF THE DUMB EGGING HIM ON, AMERICA CAREENS TOWARD A HEALTH CATASTROPHE WITH NO COHERENT PLAN! — Tuning Trump Out & Could Be Our Only Hope!

Sanjana Karanth
Sanjana Karanth
Politics Reporter
HuffPost

https://www.huffpost.com/entry/trump-claims-more-death-with-economy-shutdown-than-coronavirus_n_5e7950cfc5b63c3b6495df4c

Sanjana Karanth reports for HuffPost:

President Donald Trump’s insistence on downplaying the coronavirus risks reached dangerous levels Monday as he scoffed at medical advice and threatened to open up the economy despite skyrocketing case numbers.

At the White House’s daily coronavirus briefing, the president focused on wanting to reopen businesses very soon despite global guidance to essentially shut down societies and encourage people to stay home.

“It’s bad, and obviously the numbers are going to increase with time, and they’re going to start to decrease, and we’re going to be opening our country up for business because our country was meant to be open,” Trump said, despite the rising COVID-19 death toll.

The U.S. saw confirmed cases rise to more than 41,000 on Monday, with nearly 600 deaths, according to the Johns Hopkins medical school’s coronavirus resource center. World Health Organization Director Tedros Adhanom Ghebreyesus said Monday that the pandemic is actually accelerating ― stressing that it took 67 days from the first reported case to reach the first 100,000 cases, 11 days for the second 100,000 cases and just four days for the third 100,000 cases.

. . . .

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Yeah, that corrupt GOP vote to acquit could turn out to seal the fate of millions of Americans. With no plan, no brains, and no coherent strategy, you just have to hope you and those you love won’t be among Trump’s victims. 

The markets should love chaos and death. But the problem is in Italy other places, they can’t even have funerals. So even “death stocks” might not be a good investment.

Wow! Talk about “malicious incompetence.” Trump is certainly leading the charge!

PWS

 

03-23-20

WHERE’S THE OUTRAGE? — 9th CIRCUIT JUDGES ASSIST REGIME’S AGENTS IN COMMITTING “CRIMES AGAINST HUMANITY” MERE YARDS FROM THE BORDER! — NDPA Leader Jodi Goodwin, Esquire, Speaks Out: “I’ve been practicing law for 25 years and the last four to five months of practicing law has broken me. I don’t want to fucking do this anymore. [Her voice breaks again] It sucks. How do you explain to people that you know they thought they were coming to a place where there’s freedom and safety and where the laws are just, but that’s not the situation? I’m very mad.”

Angelina Chapin
Angelina Chapin
Reporter
HuffPost
Jodi Goodwin, Esquire
Jodi Goodwin, Esquire
Immigration Attorney
Harlingen, TX

https://www.huffpost.com/entry/remain-in-mexico-policy-immigrant-kids_n_5deeb143e4b00563b8560c69

Angelina Chapin reports for HuffPost:

A few times a week, attorney Jodi Goodwin walks across the bridge from Brownsville, Texas, to a refugee camp in Matamoros, Mexico, to meet with asylum-seekers. Her clients are among the more than 2,500 immigrants crammed into tents while they wait for U.S. immigration hearings ― often stuck for months in dirty and dangerous conditions.

The forced return to Mexico of migrants seeking refuge in the U.S. is one of President Donald Trump’s most inhumane immigration policies, yet it hasn’t received nearly the attention that his family separation and prolonged detention practices have.

Since January, under Trump’s “Remain in Mexico” initiative ― also known as the Migrant Protection Protocols (MPP) ― the U.S. government has sent at least 54,000 immigrants to wait for their court dates in Mexican border towns. Instead of staying with relatives in the U.S., families are sleeping in tents for up to eight months, in unprotected areas where infections spread within crowded quarters and cartel kidnappings are commonplace. Family separation ended a year ago. But Trump’s mistreatment of asylum-seekers continues in a different form.

Some parents are so desperate that they’ve resorted to sending their children across the bridge alone, since unaccompanied kids who arrive at the border cannot be turned away under MPP. Since October, at least 135 children have crossed back into the U.S. by themselves after being sent to wait in Mexico with their parents, according to the U.S. Department of Health and Human Services.

In Mexico, many of these migrants don’t have access to lawyers and are forced to plead their cases in makeshift tent courts set up along the U.S. border where overwhelmed judges conduct hearings via video teleconference. The courts have limited public access ― lawyers and translators say that they have been barred from attending hearings. Migrants’ advocates argue that the tent courts violate due process, and immigrant rights organizations have filed a federal lawsuit against Immigration and Customs Enforcement over the use of videoconferencing.

Goodwin, who has 42 clients, said there is a serious shortage of lawyers willing to represent immigrants staying in another country where crime is rife. She spoke with HuffPost about why the Remain in Mexico policy is even more traumatic than separating thousands of families and why it hasn’t sparked public outrage.

pastedGraphic.png

AMERICAN IMMIGRATION LAWYERS ASSOCIATION

Jodi Goodwin (center) at the refugee camp in Matamoros, Mexico.

HuffPost: Immigrant parents forced to wait in Mexico are making the heart-wrenching choice to send their kids to the U.S. alone. What are the conditions like at the camp in Matamoros?

Jodi Goodwin: It smells like urine and feces. There’s not enough sanitation. There’s 10 port-a-potties for thousands of people. Up until recently, there was no potable water available at all. People were bathing in the Rio Grande river, getting sick and, in some cases, drowning. People were seriously dehydrated.

The camp sounds completely unfitting for any human being, let alone children.

It’s a horrific situation to put families in. It’s great to live in a tent for the weekend when you’re going to the lake. It’s not great to live in a tent for months at a time where you don’t have basic necessities.

Are kids getting sick?

The kids are sick every day. I’ve seen all kinds of respiratory illnesses and digestive illnesses. I’ve seen chronic illnesses like epilepsy. I saw a baby that appeared to have sepsis who was forced to wait on the bridge for more than three hours before being taken to a hospital.

And what about the kidnappings? Have you heard of families being taken by cartel members who then try and extort an immigrant’s U.S. relatives for money?

About half of the people I’ve spoken to in Mexico have been kidnapped. The cartel knows if they can grab an immigrant, they’re likely to be able to work out a ransom. If they don’t, then they just kill them.

Any specific examples?

I dealt with one case where a mom from El Salvador and her 4-year-old son were kidnapped within an hour of being sent back to Mexico under MPP. They were taken for eight days before her brother in the U.S. paid the kidnappers $7,000.

The lady was terrified. She was sleep-deprived, food-deprived and water-deprived. She said that the people who had kidnapped her were extremely violent and hit her kid. They were drinking alcohol and raping people at a stash house where several other people were being held.

pastedGraphic_1.png

LOREN ELLIOTT / REUTERS

Migrants, most of them asylum-seekers sent back to Mexico from the U.S. under the “Remain in Mexico” program, occupy a makeshift encampment in Matamoros, Mexico, on Oc. 28, 2019.

The last time we spoke, you were on the frontlines of family separation, visiting detention centers where mothers were hysterically crying after being ripped apart from their children. How does the trauma of MPP compare, particularly for parents who are sending their kids across the border alone?

It’s way worse. I can’t with any confidence say that they will ever see their children again.

Why not?

I knew there were legal ways to get out of family separation. We were able to talk with our clients and didn’t have to go off to another country. And for those parents who got through their interviews or their court hearings, we were able to get them back with their kids.

With MPP, the assault is not only on human rights but also on due process within the court systems, which has completely hijacked the ability to be able to fix things. The parents can’t even get into the country to try to reunify with their kids.

Nearly 3,000 children were separated from their parents under Trump’s zero-tolerance policy. Do you think a similar number of families will be ripped apart because of Remain in Mexico?

It could be more. Over 55,000 people have been sent back to Mexico. I’ve talked to so many parents who have sent their kids across. It’s a heart-wrenching decision process that they go through. How do you give up your baby?

It reminds me of Jewish parents who were captives in Nazi Germany and had to convince their kids to get on a different train or go in a different line to save their own lives.

Have you witnessed these separations firsthand?

In November I saw a little boy and his 4-year-old sister sent across the bridge with an older child, who was about 14 years old. The teenager carried the baby boy, who still had a pacifier in his mouth, and the girl was holding onto the older kid’s belt loop.

I was standing on the bridge between Matamoros and the U.S. and I turned around to look down at the bank of the Rio Grande river. Every single parent who has sent their kid to cross tells me the same thing: As soon as they say goodbye and hug their kids, they run to the bank to watch them. [Her voice breaks] I knew there was somebody probably standing on that bank hoping those kids made it across.

Do you still think about those kids?

Oh yeah. The green binky that the little baby was sucking on is knitted in my mind.

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VERONICA CARDENAS / REUTERS

The Mexican National Guard patrols an encampment where asylum-seekers live as their tents are relocated from the plaza to near the banks of the Rio Grande in Matamoros on Dec. 7, 2019.

You’ve been working hundreds of hours a month to try and help people stranded in Matamoros. This work must take a toll on you personally.

I’ve been practicing law for 25 years and the last four to five months of practicing law has broken me.

I don’t want to fucking do this anymore. [Her voice breaks again] It sucks. How do you explain to people that you know they thought they were coming to a place where there’s freedom and safety and where the laws are just, but that’s not the situation? I’m very mad.

Family separation resulted in massive outcry from the public, which eventually pressured the government to end the zero-tolerance policy. Why is MPP not getting the same attention?

There is no public outrage because it’s not happening on our soil. It’s happening literally 10 feet from the turnstile to come to the U.S. But because it’s out of sight and out of mind, there is no outrage. What ended family separation was public outrage. It had nothing to do with lawsuits. It had everything to do with shame, shame, shame.

This interview has been lightly edited for length and clarity.

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I’m with you, Jodi!  Thanks for your dedication to justice for the most vulnerable!

What’s wrong with this scenario: life-tenured Federal Judges who won’t stand up for the rule of law, Due Process, and Equal Protection in the face of an arrogantly and overtly lawless White Nationalist Regime; DOJ and other U.S. Government lawyers who defend immoral and disingenuous positions in Federal Court, often, as in the Census Case and the DACA Case using pretextual rationales and knowingly false information; dehumanization, with overwhelming racial and religious overtones, of those who deserve our protection and rely on our sense of fairness; undercutting, mistreating and humiliating the brave lawyers like Jodi who are standing up for justice in the face of tyranny; GOP legislators who are lawyers defending Trump’s mockery of the Constitution, human decency, and the rule of law and knowingly and defiantly spreading Putin’s false narratives.  

Obviously, there has been a severe failure in our legal and ethical education programs and our criteria for Federal Judicial selections, particularly at the higher levels, and particularly with respect to the critical characteristic of courage. Too many “go alongs to get alongs!” I can only hope that our republic survives long enough to reform and correct these existential defects that now threaten to bring us all down.

Where’s the accountability? Where’s the outrage? Where’s our humanity?

We should also remember that many asylum seekers from Africa, who face extreme danger in Mexico, are also being targeted (“shithole countries?”) and abused as part of the Regime’s judicially-enabled, racially driven, anti-asylum, anti-rule-of-law antics at the Southern Border. https://apple.news/AyYSWSXNfSdOm63skxWaUTQ

Also, morally corrupt Trump Regime officials continued to tout “Crimes Against Humanity” as an acceptable approach to border enforcement and “reducing apprehensions!” Will machine gun turrets be next on their list? Will Article III Judges give that their “A-OK?”

We’re actually paying Article III Federal Judges who are knowingly and intentionally furthering “Crimes Against Humanity.” Totally outrageous!

Constantly Confront Complicit Courts 4 Change!
Due Process Forever; Complicit Courts Never!

PWS

12-10-19

TRUMP’S LATEST ATTACK ON ASYLUM PROMISES MORE “MALICIOUS INCOMPETENCE” — Doubles Down On “Proven Failures” As New Poll Shows Americans Reject Harsher Approach To Asylum Law By 2-1 Margin!

https://www.huffpost.com/entry/trump-asylum-memo_n_5cc7c8f5e4b07c9a4ce82527

Dominique Mosbergen reports for HuffPost:

Declaring the U.S. asylum system to be “in crisis,” President Donald Trump directed immigration officials on Monday night to introduce a slew of tough new rules for migrants seeking humanitarian protection in the United States.

The measures, outlined in a presidential memorandum, include the introduction of a fee for asylum applications and banning asylum seekers who’ve entered the U.S. illegally from receiving work permits. The memo also calls for the adjudication of asylum applications within 180 days.

The new rules, Trump said, are aimed at safeguarding “our system against rampant abuse of our asylum process.”

. . . .

It currently costs nothing for someone to file for asylum in the United States and immigration experts have warned that even a small fee could prove to be an impossible burden for some migrants seeking refuge. As The Washington Post noted, a vast majority of countries do not impose a fee on asylum claims.

“The majority of people coming to the United States seeking asylum are coming with little more than the shirts on their back,” Victoria Neilson, a former official at U.S. Citizenship and Immigration Services, told Reuters.

Trump, who’s repeatedly lambasted migrants for exploiting what he says are legal loopholes in the asylum system, also ordered asylum seekers who’ve entered the country illegally to be banned from obtaining work authorization “before any applicable application for relief or protection from removal has been granted.” Currently, asylum seekers who’ve entered the U.S. both legally and illegally are allowed to work while their claims are pending.

“There’s a reason that we give people work permits while they are waiting for asylum, so that they can support themselves and don’t have to be depending on government assistance during that time,” Michelle Brané of the Women’s Refugee Commission told The New York Times.

. . . .

The memo also demands that all asylum applications, save for those involving “exceptional circumstances,” are adjudicated in immigration court within 180 days of filing.

As the Post noted, U.S. law already dictates that asylum cases are adjudicated within that time ― but due to an overwhelming number of cases and inadequate resources, asylum seekers can often wait years before their claims are processed.

“The provision to process cases in 180 days has been on the books for over two decades,” Ashley Tabaddor, president of the immigration judges’ union, told the paper. “The problem is that we have never been given adequate resources to adjudicate those claims in a timely fashion.”

Trump has directed Attorney General William Barr and Acting Homeland Security Secretary Kevin McAleenan to introduce the new asylum regulations within 90 days. Immigration advocates, however, are expected to challenge the measures in court.

The administration is already involved in several court battles over earlier changes to U.S. asylum rules, including the so-called “remain in Mexico” policy requiring some asylum seekers to return to Mexico to await court hearings.

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QUICK TAKES:

  • Regulatory Incompetence.  Changing legal regulations requires 1) notice and an opportunity for public comment; and 2) a rational legal explanation for the proposed changes. So far, the Trump Administration has shown little ability for either. Indeed both their “preferred method” of policy change by “Executive Action” (e.g., DACA) and past attempts to change regulations (e.g., barring asylum for illegal entrants) have often ended up blocked or modified by the courts.
  • Time Limits Don’t Work. The current law, INA s. 208(d)(5)(A)(iii), already provides a statutory 180 day limit for asylum adjudications. But it has never been achievable in practice for various reasons including due process, chronic understaffing of Immigration Courts, and unavailability of private counsel. It might be possible to develop a system that could fairly process the vast majority of asylum claims through the Immigration Judge level within 180 days. But, that would require three things that an Administration committed to “malicious incompetence” has rejected: 1) clearing most of the 1.3 million backlogged cases off Immigration Court dockets through aggressive use of “prosecutorial discretion” (“PD”) as a first step toward a much-needed legalization program; 2) working cooperatively with NGOs, states, and municipalities to provide universal representation of asylum seekers; and 3) granting many more asylum cases at the Asylum Office and Immigration Court level.
  • The Administration Doesn’t Control Article III Courts (Yet). As the Immigration Courts and the BIA become more biased against asylum seekers, more individuals will seek review by the Article III Courts. The number of cases in the Article IIIs, who operate largely beyond the Administration’s control, is likely to grow exponentially. “Fake timetables” (on top of the mindless “deportation quotas” already in effect for Immigration “Judges”) result in “haste makes waste” poor quality at EOIR that, in turn, leads to lots of remands from the Article IIIs, thereby further clogging the Administrative system.
  • “Asylum Only” Hearings Aren’t Substantively Different From “Full” Removal Hearings. Trump reportedly would like to limit asylum seekers to “Asylum Only” hearings where asylum, withholding of removal, and relief under the Convention Against Torture are the only forms of relief available. But, few recently arrived asylum seekers apply for other forms of relief “right off the bat.” The major difference is often eligibility for bond in a “full removal hearing.” But, AG Barr has already acted to make most who pass “credible fear” ineligible for bond in his recent precedent Matter of M-S-, overruling 15 years of contrary BIA law originating in the Bush II Administration. The due process limitations on indefinite detention of asylum seekers will be fought out in the Article IIIs regardless of whether the Administration uses “Asylum Only Proceedings” or “Full Removal Proceedings.” And, so far, the Administration has consistently lost on the Constitutional issue in the lower Federal Courts.
  • Article IIIs Have Already Slammed This Administration’s Prior Attempts To Illegally Misconstrue Asylum Law To Reduce The Number Of Positive “Credible Fear” Determinations. Sessions & Nielsen already unsuccessfully tried to game the credible fear system against legitimate asylum seekers. They were strongly rebuked by U,S. District Judge Emmet Sullivan (DC) in Grace v. Whitaker. Judge Sullivan barred Immigration Judges from using most of Session’s erroneous Matter of A-B- precedent in “credible fear reviews.” He also required USCIS to rewrite its “Credible Fear” instructions to restore the generous intent of the law. It’s likely that what Trump is seeking to do will run afoul of Judge Sullivan’s order. Sullivan isn’t afraid to hold Cabinet officials accountable. So, while Trump himself might be beyond the court’s reach, “Trump‘s Chumps” McAleenan and Barr might want to have their jail bags packed and check their personal liability insurance before accepting Trump’s invitation to violate the law. Also, the Administration’s actual and threatened misuse of “expedited removal” in an attempt to implement a “lawless credible fear” policy has inspired the Ninth Circuit to recognize a right to appeal to the Article IIIs, even in expedited removal. THURAISSIGIAM v. USDHS, https://immigrationcourtside.com/2019/03/07/9th-cir-says-statute-barring-meaningful-judicial-review-of-expedited-removal-process-violates-constitutions-suspension-clause-throws-monkey-wrench-into-administra/ In other words, the field that Trump is mindlessly ordering McAleenan and Barr to plow has already been largely ruled “off limits” by the Article IIIs.
  • While Imposing Fees For Asylum Applications Is Undoubtedly Cruel, Unnecessary, & Unprecedented, It Won’t Be A Long-Term Deterrent. By misusing “metering” to make it difficult or impossible to apply for asylum at legal ports of entry the Administration already has increased smuggling fees, made routes more dangerous for asylum seekers, and predictably increased the number of illegal entries to apply for asylum; but, it hasn’t “deterred” asylum seekers. It just shifted the traffic from legal ports of entry where it could have been more easily controlled to other places on the border, where it’s harder to control. Stupid? Yeah, of course. Basically, the Trump Administration now wants to get in on the financial bonanza it has created for human smugglers by charging its own version of illicit fees. While cruel and punitive, it’s unlikely to have much impact on the flow of refugees.
  • Denial Of Work Authorization Will Create Hardship, Without Deterrence, & Actually Hurt Our Economy. Under current law, asylum seekers can’t get work authorization for at least 180 days. If the Administration really were able to fairly process asylum applications in that period, there actually wouldn’t be much need for work authorization. Also, work authorization doesn’t apply to those detained for asylum hearings and most juveniles. Assuming that legitimate asylum applicants continue to get released and shunted into the backlogged Immigration Court system, denial of work authorization will deprive them of the opportunity to use their (usually ample) skills to be self-supporting and contribute to our economy, regardless of whether they ultimately are granted asylum. Many such folks will now be forced into the “underground economy” where they are more likely to be both underemployed and exploited by unscrupulous employers. Trump is turning a “win-win” into a “lose-lose.” But, it’s unlikely to deter those fleeing for their lives.
  • Eventually, Trump’s “Malicious Incompetence Approach” Might Convince Asylum Seekers That Our Legal System Is A Cruel Farce That Must Be Avoided. Smugglers will simply take refugees into the interior of the U.S. for higher fees. They will stop turning themselves in to use a bogus legal system. Some will die; a few will get caught and removed; but, the chances of entering illegally and losing oneself in the U.S. for as long as one wants are probably much better than the chances of getting legal asylum in Trump’s increasingly bogus, biased, and dishonest system. 
  • Two Things Are For Certain: 1) Desperate People Will Continue To Come No Matter What Trump Does On This End; and 2) Once Trump Destroys The Legal Asylum & Immigration Systems, They Won’t Easily Be Rebuilt. The result will be a permanent “immigration underground/black market.” That’s a “lose-lose” that will be horrible for migrants, but even worse for America’s future.

Coming up:  A New Washington Post/ABC Poll Shows Little Public Support For Trump’s Harsher Asylum Policies.

PWS

04-30-19

SOME FEDERAL CIVIL SERVANTS WERE IDEALISTIC & NIAVE ENOUGH TO EXPECT TRUMP TO APOLOGIZE FOR HIS SHUTDOWN — Instead, He Kicked Them In The Teeth, Ignored Their Essential Contributions, Pain, & Suffering, & Instead Touted His Bogus Border Wall Using A False Nativist Narrative!

https://www.huffingtonpost.com/entry/trump-shutdown-state-of-the-union_us_5c5a4711e4b00187b55612d4

Amanda Terkel writes in HuffPost:

The longest government shutdown in history happened on Donald Trump’s watch. But the president made no mention of it in his State of the Union address Tuesday night.

The partial government shutdown lasted 35 days, affecting about 800,000 federal workers ― in addition to thousands of federal contractors. Government employees missed two paychecks, with many wondering how they would pay for essentials like food, medicine and housing. They looked for new jobs, turned to relatives and friends for temporary loans and went to food pantries.

The shutdown occurred because Trump insisted that Congress give him $5.7 billion to build a wall on the country’s southern border, even though he once promised that Mexico would pay for that barrier. Democrats refused to go along with his demand and said he should simply fund the government and argue about immigration later. He refused.

On Jan. 25, Trump caved and signed a bill funding the government for three weeks. He has insisted that if he doesn’t get his money for a wall by Feb. 15, he may declare a national emergency allowing him to build it anyway.

Trump never mentioned what federal workers went through during his speech Tuesday night. He expressed no remorse for the shutdown, and he didn’t promise that it wouldn’t happen again. The closest he came to referencing the shutdown was in urging Congress to fund the border wall when passing legislation to fund the government beyond Feb. 15.

“Congress has 10 days left to pass a bill that will fund our government, protect our homeland and secure our southern border,” he said. “Now is the time for the Congress to show the world that America is committed to ending illegal immigration and putting the ruthless coyotes, cartels, drug dealers and human traffickers out of business.”

Even Trump’s State of the Union address was affected by the shutdown. It was supposed to occur on Jan. 29, but House Speaker Nancy Pelosi (D-Calif.) canceled it ― she has that power since the president delivers it in the Capitol ― and said they would discuss a new date only after the government reopened.

Trump’s approach is a break from what President Bill Clinton did in 1996, after what had previously been the longest shutdown ever. In his State of the Union speech that year, Clinton honored a heroic public servant who had been furloughed because of the shutdown. He then warned Congress to remember the pain of the shutdown when legislating in the future.

“On behalf of Richard Dean and his family and all the other people who are out there working every day doing a good job for the American people,” Clinton said. “I challenge all of you in this chamber: Never, ever shut the federal government down again.”

In the Democratic response to Trump’s address Tuesday night, Stacey Abrams ― who ran for governor of Georgia ― did address the shutdown.

“Just a few weeks ago, I joined volunteers to distribute meals to furloughed federal workers. They waited in line for a box of food and a sliver of hope since they hadn’t received a paycheck in weeks. Making their livelihoods a pawn for political games is a disgrace,” she said. “The shutdown was a stunt engineered by the President of the United States, one that defied every tenet of fairness and abandoned not just our people ― but our values.

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If Tom Brady is the the “GOAT,” Trump certainly is the “WOAT,” hands down!

There aren’t many things more vile than an ungrateful employer!

PWS

02-06-19

WILLA FREJ @ HUFFPOST: Trump’s Blatant Lies About Family Separation Just Keep Flowing!

https://www.huffingtonpost.com/entry/trump-child-separation-obama_us_5bfbb980e4b0eb6d93105dd6

President Donald Trump falsely claimed that his policy of separating migrant children from their parents at the southern U.S. border was the “exact same” as the one implemented during the Obama administration.

In complaining about a “60 Minutes” segment that aired Sunday, Trump tried to deflect criticism of his “zero tolerance” immigration policy by arguing that former presidents Barack Obama and George W. Bush also separated immigrant families.

“I tried to keep them together but the problem is, when you do that, vast numbers of additional people storm the Border,” Trump tweeted Sunday. “So with Obama seperation [sic] is fine, but with Trump it’s not.”

. . . .

Obama deported a record number of immigrants during his time in office which earned him the nickname of “deporter-in-chief.” Prioritizing the removal of people with criminal histories, Immigration and Customs Enforcement deported more than 2.7 million people between fiscal years 2009 and 2016.

The administration worked to quickly detain and deport migrants for several months in 2014, in response to a surge in migrant arrivals. Yet children who had come into the country with their parents didn’t get separated from them, and if families got deported, they were deported together.

The Ninth Circuit ruled that the Flores agreement ― a 1997 federal court decision requiring children to remain in custody for as little time as possible ― also applied to both accompanied and unaccompanied children. They could only be held in detention for a maximum of 20 days.

But Trump administration has gone far beyond his predecessor, separating almost 2,000 immigrant children from their parents in the spring. Many were held in caged detention centers and exposed to severe health consequences. Trump has also tried to withdraw from the Flores settlement and put forth new rules to replace it, which could lead to children being detained indefinitely.

As for deportations, the Trump administration opted to prosecute every single migrant who crossed the border illegally, expanding the Obama-era strategy of focusing on criminals.

The notion that Trump is merely carrying out Obama’s legacy is “preposterous,” Denise Gilman, director of the Immigration Clinic at the University of Texas Law School, told NBC News. “There were occasionally instances where you would find a separated family — maybe like one every six months to a year — and that was usually because there had been some actual individualized concern that there was a trafficking situation or that the parent wasn’t actually the parent.”

“The agencies were surfacing every possible idea,” a top Obama domestic policy advisor, Cecilia Muñoz, told The New York Times. “I do remember looking at each other like, ‘We’re not going to do this, are we?’ We spent five minutes thinking it through and concluded that it was a bad idea. The morality of it was clear — that’s not who we are.”

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Read Willa’s full article, including Trump’s revolting tweets, at the link.

Separate ‘em, jail ‘em, abuse ‘em, gas ‘em! What’s not to like about an unhinged authoritarian with a neo-Fascist program, a propaganda machine masquerading as “news,” and a bunch of mindless supporters who cheer as he and his band of cowards pick on kids and the downtrodden?

Every day is a new “Reichstag Fire” – a fake, manufactured “crisis” and a call to blame and eradicate the “usual suspects.” Some day there will be hell to pay for America’s abandoning human values and allowing Trump to represent our Government! We should all be ashamed of what our country is doing in the name of fake “border security.”

We are diminishing ourselves as a nation, but it won’t stop human migration!

PWS

11-26-18

 

 

 

 

ROQUE PLANAS @ HUFFPOST: TRUMP’S BOGUS CARAVAN THREAT MIGHT BE HIS MOST OUTRAGEOUS SCAM YET! — GOP’S Racist Commercial So Vile That Even Fox Pulls It!

https://www.huffingtonpost.com/entry/donald-trump-fabricating-border-crisis-before-election_us_5be0a522e4b09d43e321d731

Roque Planas writes in HuffPost:

Almost every day last week, the White House thrust immigration to the center of national politics. The Pentagon announced plans to dispatch some 5,200 troops to the border with Mexico. Trump said he planned to eliminate the constitutional guarantee of birthright citizenship by executive fiat. He announced a coming plan to bar migrants who cross illegally from claiming asylum and to detain them indefinitely in tent cities. To hear him speak at a press conference on Thursday, it would appear the United States faces an onslaught of illegal immigration.

None of this reflects reality. For the last eight years, arrests for illegal border crossing have been at their lowest levels since the 1970s.

But it does jibe with the strategy of a president who propelled himself to the White House by making specious immigration claims. Facing an election cycle that imperils the Republican majority in the House of Representatives, the president’s message is clear: Voters should blame Democrats for a nonexistent catastrophe at the border.

The ad — which NBC abandoned, along with Fox and Facebook, after a major backlash — is part of Trump’s strategy to drum up fears of the caravan among his base. CNN declined to air it, calling it “racist.”

It’s also flatly false.

Luis Bracamontes, the unauthorized immigrant in Trump’s ad, was convicted in 2014 for killing two Sacramento police officers and has nothing to do with the caravan.

The original version of the ad that Trump posted to Twitter was even more blatantly dishonest. After showing clips of a deranged Bracamontes ranting in court about how he would escape and kill others, it claimed that Democrats let him into the country and that they let him stay. It then it cuts to video of the caravan, giving the impression that it’s composed of similar fiends.

In fact, no one let Bracamontes in. He was deported twice, once in 1997 and again in 2001.

Some critics of the ad have noted that the last time he entered the country illegally appears to have been during the presidency of George W. Bush. He didn’t let Bracamontes in either, though. The fact is that Bracamontes evaded law enforcement, which is not in itself noteworthy. The rate of success for people who attempt to enter the country illegally multiple times never dipped below 96 percent until 2008, according to the Mexico Migration Project, the most comprehensive sociological database to track migration across the U.S.-Mexico border.

Implying that the migrant caravan is consists of dangerous criminals like Bracamontes is just as untenable as the claim that Democrats let him in. Among the several thousand people traveling through Mexico in the main caravan are 2,300 kids, according to UNICEF USA. The migrants are banding together in caravans not as some kind of invading force but as a way to seek protection in numbers from human traffickers.

The major challenge that the U.S. faces at the border is how to process efficiently an uptick in the number of Central American families and children who make asylum claims or ask for other forms of humanitarian relief from deportation. But that trend dates from 2014, so it’s hardly new.

It won’t be clear until after the midterm elections whether Trump will follow through on his barrage of immigration promises. But with less than 24 hours to Election Day, the more immediate question is how voters will react to his statements.

Mass migration from Mexico had petered out seven years before Trump launched his campaign for the presidency by vilifying Mexican immigrants as criminals and rapists and blaming “open border” Democrats for an immigration crisis that didn’t exist. The strategy helped get him elected in 2016. On Tuesday, we’ll see if it works for him again.

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Lies, knowingly false narratives, corruption, scams on the American people, racism, intolerance, disrespect for millions of Americans and our Constitution — that’s just business as usual for the Trump Administration.

Truth is, the “Caravans” are doing favors for the US Government in a number of ways:

  • Easy to track;
  • Plenty of advance notice;
  • Reduces danger and deaths along the way;
  • Takes business away from professional smugglers;
  • Almost all “Caravan” members who actually reach the border (only a fraction of those who begin the thousand mile plus journey) are processed in an orderly fashion, either waiting patiently at ports of entry or turning themselves in to the Border Patrol immediately upon entry;
  • There is no evidence of  significant numbers of “Caravan” members disappearing into the interior of the US without some type of inspection and screening — almost all those who are not summarily returned have gone through credible fear screenings and are either detained or released on bond after the Government confirms their identity and reasons for coming,  and determines that they have credible cases for protection under our laws;
  • There is no record that I’m aware of that any “Caravan” has attempted to “storm the border” or violently attacked US border authorities en masse — why would they, since their only chance for survival is to hope and pray that the US authorities will actually live up to our legal responsibilities and give them a chance to seek legal protection under our laws?

However, if the Trump Administration continues to ignore our laws and to mount bogus attacks on fleeing refugees, they probably will be able to convince many of those folks that our legal system is a fraud and they had best employ the services of a professional smuggler to get them into the interior of the US where they can lose themselves in the crowd and probably save their lives — a sort of “do it yourself asylum.” And, while wasting taxpayer money on the “border hoax,” this Administration is failing to fund and intentionally ignoring international efforts to address the dangerous and chaotic conditions in the Northern Triangle that causes these refugee flows in the first place — and will continue to cause them until we put wiser and more honest policies into effect.

The real threat to our country’s security and future is Trump and his willfully blind or in some cases outright White Nationalist, racist, or purposefully racially tone-deaf supporters and enablers.

If that’s not the America you want and want for future generations, get out the vote to start regaining control of our country from a misguided yet loud and active minority trying to shove their lack of values down the rest of our throats! America is for all Americans, not just the “Trump Base” and their fellow travelers!

PWS

11-06-18

“LACKS CREDIBILITY” — That’s A Federal Judge’s Verdict On KRIS KOBACH, The White Nationalist Kansas Elected Official Leading The Trump-Pence Voter Suppression Effort!

http://www.huffingtonpost.com/entry/kris-kobach-sanctions_us_595d4d60e4b0d5b458e7ce73

Sam Levine reports in HuffPost:

“In a Wednesday ruling, [Judge James P.] O’Hara denied Kobach’s request for a motion for reconsideration because he was introducing new arguments he hadn’t used before.

“Significantly, defendant never represented, as he does now, that his misstatements were the result of editing errors. The court declines to grant reconsideration based on this explanation ‘that could have been raised in prior briefing.’ In any event, this new excuse lacks credibility based on its late assertion (which appears to be an attempt at a second bite at the apple) and lack of supporting documentation,” O’Hara wrote.

Kobach is the vice chair of a commission that Trump convened to investigate elections. He is also running for governor of Kansas.”

[emphasis added]

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Read the complete article and a copy of Magistrate Judge O’Hara’s order at the link.

It’s no wonder that 44 states, including a number of so-called “Red States,” are declining Kobach’s request for information, in whole or in part, in connection with a bogus commission (and taxpayer financed boondoggle) to investigate what all credible experts and prior studies have shown to be a non-problem. Read the latest article from the Washington Post below:

https://www.washingtonpost.com/local/public-safety/trump-voter-commission-discloses-names-of-members-plan-to-store-data-at-white-house/2017/07/06/74e454ae-625d-11e7-84a1-a26b75ad39fe_story.html?hpid=hp_rhp-more-top-stories_voterdata-650pm%3Ahomepage%2Fstory&utm_term=.644cd6cad0db

Kobach’s career marked by consistent xenophobia, white nationalism, and the squandering of public resources speaks for itself.

Oh, and another thing: Judge O’Hara’s finding that Kobach’s motion to reconsider “lacks credibility” was issued in connection with a previous order sanctioning Kobach for unethical conduct. http://immigrationcourtside.com/2017/07/02/smelling-a-rat-named-kobach-many-states-decline-to-provide-voter-info-to-bogus-trump-commission-looking-for-voter-fraud-gops-well-known-voter-suppression-efforts-turn-off-many/

You can’t make this stuff up, folks!

PWS

07-06-17

 

HuffPost: Speaker Ryan Pumped-Up About The Prospect Of Killing Medicaid, Helping Fat Cats Get Fatter, Forcing Low Income Seniors Into Poor Houses Where They Belong!

http://www.huffingtonpost.com/entry/paul-ryan-obamacare-medicaid_us_58d01716e4b0be71dcf6d5a7

Ryan Grim writes:

“Speaker Ryan and others often argue to governors that a Medicaid per capita cap is about more flexibility (even though states already enjoy expansive flexibility in their Medicaid programs) rather than what it is really about: a way to achieve big federal spending cuts and cost-shifts to states,” Edwin Park, a health policy analyst for the Center on Budget and Policy Priorities, said in an email. “The House bill makes that starkly clear: $880 billion in federal Medicaid spending cuts over 10 years by ending the expansion and imposing a per capita cap without any new flexibility.”

Ryan’s plan would cut taxes by some $275 billion over the next decade, mostly for the rich, and is setting the stage, he told Fox News’ Tucker Carlson, for a much bigger tax cut to come. That’s what’s going on here.

When Ryan refers to seeing “the forest through the trees,” he is arguing to conservatives that they should swallow elements of the Obamacare repeal-and-replace bill that they don’t like in order to seize the once-in-a-half-century opportunity to destroy a major federal entitlement program. Everything else is just trees.

Ryan is right that it is an enormous forest. Some 11 million seniors and people with disabilities are covered by both Medicare and Medicaid, according to a new report from the Kaiser Family Foundation. That’s one in every five Medicare beneficiaries. Forty percent of those are under age 65 with permanent disabilities. Two out of three Medicare beneficiaries who are in nursing homes have their care covered not by Medicare, but by Medicaid. Many who get home-health care are similarly covered by Medicaid.

Social insurance organized by the government is a relatively new phenomenon. Before the New Deal, society dealt the the elderly and infirm by shunting them away in “poorhouses,” or by moving parents in with their children. “I can remember the terror that existed with regard to those county poor farms,” said former Rep. John Dingell Jr. (D-Mich.), who left office in 2015 after serving six decades.

Dingell’s father, also a prominent House Democrat, was an architect of the Social Security Act. It had a tangible benefit to the Dingell home.

“Social Security — this is one of the things of which my dad was very proud — closed 1,100 old folks’ homes in New York. Eleven-hundred. And that was just one example, but it tells you what it did all over the country,” Dingell said in an interview for an article on poorhouses.

Before Social Security, he said, “everybody and his second cousin piled in with their families. I had relatives that came to stay with my dad and mom I didn’t even know were relatives. To tell you the truth, I’m not sure they are. And my grandad on Dad’s side, who threw Dad out of the house, came to live with Dad. Dad was the only one of his kids who’d take care of him. He was, quite frankly, the only one who could afford to do so, because Pop was making a fairly decent living during the war, but he was supporting a whole tribe of Dingells and Selmerses and a whole bunch of others who had other Polish names, but were related.”

Paul Ryan, in fact, got Social Security benefits himself; he was 16 when his father died. “It was a tough time for our family, and Social Security was there to help us when we needed the help,” Ryan has said.

Ryan saved much of to pay for school at Miami University of Ohio, where ― who knows? ― a few dollars of it may have gone to pay for the kind of keg he would crowd around to fantasize with buddies about destroying Medicaid, which was created as part of the Great Society program in the 1960s.”

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

The competition for “King of the Swamp” is going to be fierce this year. But, certainly, the Speaker is building his credentials with his unrestrained enthusiasm for shorting the needy to enrich the rich.

PWS

03/21/17

 

Like It Or Not, Trio Of Cases Now Before The Supremes Will Affect Trump Administration’s Enforcement Program — Issues Involve Long-Term Detention & Liability Of Government Officials

http://www.huffingtonpost.com/entry/scotus-trump-immigrants_us_58a70e9be4b037d17d271444?tdoe77ccqm362bj4i

Lawrence Hurley reports in HuffPost:

“The U.S. Supreme Court will decide three cases in coming months that could help or hinder President Donald Trump’s efforts to ramp up border security and accelerate deportations of those in the country illegally.

The three cases, which reached the court before Democratic President Barack Obama left office, all deal broadly with the degree to which non-citizens can assert rights under the U.S. Constitution. They come at a time when the court is one justice short and divided along ideological lines, with four conservatives and four liberals.

The justices will issue rulings before the end of June against the backdrop of high-profile litigation challenging the lawfulness of Trump’s controversial travel ban on people traveling from seven predominantly Muslim countries.

The most pertinent of the three cases in terms of Republican Trump administration priorities involves whether immigrants in custody for deportation proceedings have the right to a hearing to request their release when their cases are not promptly adjudicated.

The long-running class action litigation, brought by the American Civil Liberties Union (ACLU) on behalf of thousands of immigrants detained for more than six months, includes both immigrants apprehended at the border when seeking illegal entry into the United States and legal permanent residents in deportation proceedings because they were convicted of crimes. The case also could affect long-term U.S. residents who entered the country illegally and have subsequently been detained.

The Trump administration has said it wants to end the release of immigrants facing deportation and speed up the process for ejecting them from the country. A decision in the case requiring additional court hearings could have very direct implications for the administration’s plans, said ACLU lawyer Ahilan Arulananthan, especially since immigration courts currently have a backlog of more than 500,000cases.

The ACLU estimates that up to 8,000 immigrants nationwide at any given time have been held for at least six months. A U.S. Immigration and Customs Enforcement official was unable to immediately confirm data on length of detention but said that in fiscal year 2016, the average daily count of detainees was just under 35,000.

“If Trump wants to put more people in deportation but does not increase the number of immigration judges, then people are going to have to wait longer and longer to get a hearing,” said Stephen Yale-Loehr, an immigration law professor at Cornell Law School.”

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

I would think that nominating a Solicitor General to be in charge of all Federal litigation, particularly at the Supreme Court level, would be a very high priority for President Trump.

PWS

02-17-17

HuffPost: AG Sessions Faces First Crisis — And It Isn’t Immigration!

http://www.huffingtonpost.com/entry/sessions-flynn-trump-investigation-russia_us_58a3ac76e4b03df370db99e1?q74cewg9me0q6ko6r&&

Jessica Schulberg & Ryan J. Reilly Report on HuffPost:

“WASHINGTON ― Less than a week on the job as U.S. attorney general, Jeff Sessions faces a potentially explosive situation: He was a top adviser to Donald Trump’s presidential campaign, but he’s now overseeing the agency investigating members of that campaign.

The FBI, which falls under the umbrella of Sessions’ Justice Department, is leading a multi-agency probe of possible connections between Trump associates and the Russian government. Law enforcement and intelligence officials have phone records and intercepted calls that show members of Trump’s campaign repeatedly communicated with senior Russian intelligence officials in the months before the election, the New York Times reported Tuesday. Sessions has ties to at least two of the people who are reportedly under investigation.

The FBI is also separately examining intercepted communications between the Russian ambassador to the U.S. and former Trump National Security Adviser Michael Flynn, who served with Sessions as a member of the Trump campaign’s national security advisory council. The FBI interviewed Flynn days into the Trump presidency, according to The New York Times, and reportedly had concerns about whether he was entirely forthcoming. Lying to the FBI is a felony. If the FBI investigation into Flynn’s conduct turns up wrongdoing, Sessions could be responsible for signing off on the prosecution.

Flynn, who resigned as national security adviser on Monday, denies intentionally mischaracterizing his conversations with the Russian ambassador. The incident, he said in his resignation letter, was due to the “fast pace of events.”

Investigators are also reportedly looking into Trump’s former campaign chairman Paul Manafort, whom Sessions has known since the 1970s and communicated with frequently during the campaign. Manafort said in an email that he has never been contacted by the FBI and that he has never had any connection to Putin or the Russian government. He gave a similar statement to The New York Times but added, “It’s not like these people wear badges that say, ‘I’m a Russian intelligence officer.’”

Former foreign policy adviser Carter Page and Republican operative Roger Stone are also under scrutiny, The New York Times reported.

The FBI applied for a warrant from the Foreign Intelligence Surveillance Court last year to monitor several members of the Trump team as part of its investigation, The Guardian reported in January. If the FBI wanted to request another FISA warrant to monitor those individuals, it would likely have to get approval from Sessions.”

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

PWS

02/15/17

N. Rappaport In HuffPost: Visa Restrictions Under President Trump’s EO Might Expand!

http://www.huffingtonpost.com/entry/5894ed61e4b061551b3dfe64?timestamp=1486251772708

Nolan writes in HuffPost:

“Too much attention is being paid to a 90-day travel ban in President Donald Trump’s Executive Order Protecting the Nation From Foreign Terrorist Entry into the United States (Order). While it is a serious matter, the temporary suspension of admitting aliens from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen into the United States is just the tip of the iceberg. Other provisions in the Order may cause much more serious consequences.

Section 3(a) of the Order directs the Secretary of the Department of Homeland Security (DHS), in consultation with the Secretary of the Department of State (DOS) and the Director of National Intelligence, to determine what information is needed “from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.” This applies to all countries, not just the seven that are subject to the 90-day suspension.

Those officials have 30 days from the date of the Order to report their “determination of the information needed for adjudications and a list of countries that do not provide adequate information (emphasis supplied).”

Section 3(d) directs the Secretary of State to “request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.” Section 3(e) explains the consequences of failing to comply with this request. Note that this also applies to all countries, not just the seven that are subject to the 90-day delay.

(e) After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, …) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs (emphasis supplied).
This is far more serious than the 90-day ban on immigration from the seven designated countries. With some exceptions, President Trump is going to stop immigration from every country in the world that refuses to provide the requested information. And this ban will continue until compliance occurs.”

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If this happens, there are likely to be more challenges, and more work for lawyers. Could President Trump turn out to be the best thing that has happened to the U.S. legal profession lately? Stay tuned.

PWS

02/05/17

HuffPost: 100,000 Visas Revoked Under Trump Order!

http://www.huffingtonpost.com/entry/trump-ban-revoked-visas_us_5894b9b9e4b09bd304bb126f?lfqs7aziux8suzyqfr&

Elise Foley Reports on HuffPost:

“WASHINGTON ― The Trump administration provisionally revoked 100,000 visas as part of its ban on travelers from seven Muslim-majority countries, a government lawyer said in court on Friday.

The revelation caused shockwaves on Twitter, but the State Department actually confirmed earlier this week that it had provisionally revoked most visas held by people from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

State Department officials said later Friday that fewer than 60,000 individuals’ visas were provisionally revoked as a result of the order. “To put that number in context, we issued over 11 million immigrant and non-immigrant visas in fiscal year 2015,” a spokesman for the State Department’s Bureau of Consular Affairs told The Huffington Post.

The Justice Department did not immediately respond to a request for comment on the discrepancy in numbers.”

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As I’ve noted before, to date lawyers have been the only real beneficiaries of the Trump immigration orders.

PWS

01/03/17