"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.
To those who recognize the Trump administration’s official lies as such, the scale of dishonesty can be destabilizing. It’s a psychic tax on the population, who must parse an avalanche of untruths to understand current events. “What’s going on in the government is so extreme, that people who have no history of overwhelming psychological trauma still feel crazed by this,” said Stephanie Engel, a psychiatrist in Cambridge, Mass., who said Trump comes up “very frequently” in her sessions.
Like several therapists I spoke to, Engel said she’s had to rethink how she practices, because she has no clinical distance from the things that are terrifying her patients. “If we continue to present a facade — that we know how to manage this ourselves, and we’re not worried about our grandchildren, or we’re not worried about how we’re going to live our lives if he wins the next election — we’re not doing our patients a service,” she said.
This kind of political suffering is uncomfortable to write about, because liberal misery is the raison d’être of the MAGA movement. When Trumpists mock their enemies for being “triggered,” it’s just a quasi-adult version of the playground bully’s jeer: “What are you going to do, cry?” Anyone who has ever been bullied knows how important it is, at that moment, to choke back tears. In truth, there are few bigger snowflakes than the stars of MAGA world. The Trumpist pundit Dan Bongino is currently suing The Daily Beast for $15 million, saying it inflicted “emotional distress and trauma, insult, anguish,” for writing that NRATV, the National Rifle Association’s now defunct online media arm, had “dropped” him when the show he hosted ended. Still, a movement fueled by sadism will delight in admissions that it has caused pain.
But despair is worth discussing, because it’s something that organizers and Democratic candidates should be addressing head on. Left to fester, it can lead to apathy and withdrawal. Channeled properly, it can fuel an uprising. I was relieved to hear that despite her sometimes overwhelming sense of civic sadness, Landsman’s activism hasn’t let up. She’s been spending a bit less than 20 hours a week on political organizing, and expects to go back to 40 or more after the holidays. “The only other option is to quit and accept it, and I’m not ready to go there yet,” she said. Democracy grief isn’t like regular grief. Acceptance isn’t how you move on from it. Acceptance is itself a kind of death.
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Read the rest of Michelle’s column at the above link.
Join the New Due Process Army and fight to defend our nation, our democracy, and our human values against the malicious incompetence of Trump’s White Nationalist kakistocracy!
By now you have probably read the opening of the whistle-blower complaint filed by a member of the intelligence community accusing Donald Trump of manipulating American foreign policy for political gain. But the whistle-blower’s stark, straightforward account of stupefying treachery deserves to be repeated as often as possible.
“In the course of my official duties, I have received information from multiple U.S. government officials that the president of the United States is using the power of his office to solicit interference from a foreign country in the 2020 U.S. election,” the whistle-blower wrote. “This interference includes, among other things, pressuring a foreign country to investigate one of the president’s main domestic political rivals. The president’s personal lawyer, Mr. Rudolph Giuliani, is a central figure in this effort. Attorney General Barr appears to be involved as well.”
. . . . The whistle-blower’s complaint was deemed credible and urgent by Michael Atkinson, Trump’s own intelligence community inspector general, but Bill Barr’s Justice Department suppressed it. The Justice Department’s Office of Legal Counsel issued an opinion saying that the complaint needn’t be turned over to Congress, as the whistle-blower statute instructs. When Atkinson made a criminal referral to the Justice Department, it reportedly didn’t even open an investigation. And all the time, Barr was named in the complaint that his office was covering up.
Under any conceivable ethical standard, Barr should have recused himself. But ethical standards, perhaps needless to say, mean nothing in this administration.
In the Ukraine scandal, evidence of comprehensive corruption goes far beyond Trump. Former prosecutors have said that Rudy Giuliani, Trump’s personal attorney, may have been part of a criminal conspiracy when he pressed Ukrainian officials to open an investigation into Joe Biden and his son, Hunter. Vice President Mike Pence is also tied to the shakedown of Ukraine’s president, Volodymyr Zelensky, having met with him this month to talk about “corruption” and American financial aid. When this administration complains about Ukrainian “corruption,” it almost inevitably means a failure to corruptly pursue investigations that would bolster conspiracy theories benefiting Trump.
The whistle-blower wrote that White House officials moved a word-for-word transcript of Trump’s phone call with Zelensky from the computer system where such transcripts were typically kept into a separate system for the most highly classified information. “According to White House officials I spoke with, this was ‘not the first time’ under this administration that a presidential transcript was placed into this codeword-level system solely for the purpose of protecting politically sensitive — rather than national security sensitive — information,” the whistle-blower said.
According to Stephen Gillers, a professor of legal ethics at New York University School of Law, any lawyers involved in hiding these transcripts might have done something illegal. “The rule is it is both unethical and a crime for a lawyer to participate in altering, destroying or concealing a document, and here the allegation is that the word-for-word transcript was moved from the place where people ordinarily would think to look for it, to a place where it would not likely be found,” said Gillers. “That’s concealing.”
Then there’s Barr’s personal involvement in the Ukraine plot. In the reconstruction of Trump’s call with Zelensky that was released by the White House, Trump repeatedly said that he wanted Ukraine’s government to work with Barr on investigating the Bidens. Barr’s office insists that the president hasn’t spoken to Barr about the subject, but given the attorney general’s record of flagrant dishonesty — including his attempts to mislead the public about the contents of the Mueller report — there’s no reason to believe him. Besides, said Representative Jamie Raskin, a former constitutional law professor who now sits on the House Judiciary Committee, “the effort to suppress the existence of the phone conversation itself is an obvious obstruction of justice.”
But Barr’s refusal to recuse creates a sort of legal cul-de-sac. It’s only the Justice Department, ultimately, that can prosecute potential federal crimes arising from this scandal. Barr’s ethical nihilism, his utter indifference to ordinary norms of professional behavior, means that he’s retaining the authority to stop investigations into crimes he may have participated in.
“The administration of justice is cornered because the ultimate executive authority for that government role includes the people whose behavior is suspect,” said Gillers.
That makes the impeachment proceedings in the House, where Barr will likely be called as a witness, the last defense against complete administration lawlessness. “Just as the president is not above the law, the attorney general is not above the law,” said Raskin. “The president’s betrayal of his oath of office and the Constitution is the primary offense here, and we need to stay focused on that, but the attorney general’s prostitution of the Department of Justice for the president’s political agenda has been necessary to the president’s schemes and he will face his own reckoning.”
I hope Raskin is right. But until that day comes, people who care about the rule of law in this country should be screaming for Barr’s recusal, even if he won’t listen. He is now wrapped up in one of the gravest scandals in American political history. Can America’s chief law enforcement officer really be allowed to decide whether to criminally investigate misdeeds he might have helped to commit or to conceal? The answer will tell us just how crooked the justice system under Trump has become.
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Another serious transgression: This shockingly biased and corrupt Trump political toady is literally running the U.S. Immigration Courts into the ground while neither Congress nor the Article IIIs have the guts to require that migrants receive the “fair and impartial” adjudications to which they are entitled under the Due Process Clause of our Constitution.
Sure, Billy Barr is “the pits!” But those in Congress and the Article IIIs who are “letting him get away with murder” are equally to blame. Bullies like Barr take advantage of the “go along to get along” cowardice of those charged with holding them accountable.
Another example of how Barr’s DOJ has become an “ethics free zone:” Yesterday, before Judge Dolly Gee in the Flores litigation Barr’s DOJ lawyer August Flentje presented a totally disingenuous position.
“How can you as officer of the court tell me that the regulations are not inconsistent with the settlement agreement?” the judge asked a Justice Department lawyer. “Just because you tell me it is night outside does not mean it is not day.”
But in the end, even Judge Gee, no “shrinking violet,” merely expressed her displeasure and ruled against the DOJ.
Why weren’t Flentje and his supervisors, all the way up to Barr, referred to their respective state bars for ethical violations and knowingly trying to mislead the court by presenting a frivolous “defense?”Would private counsel’s dishonesty before the court have been treated as leniently?At one time DOJ lawyers were expected to have higher ethical standards than the minimum. Now they have become ethical scofflaws.
But, as long as Federal Courts are unwilling to hold Barr & company ethicallyaccountable, the dishonesty and disrespect for the system will continue to grow. When the Article IIIs find themselves in the middle of a morass of frivolous litigation and outright lies presented by the DOJ, they will have only themselves to blame for the deterioration of civility and ethical standards.
Indeed, the Supremes’ own shameful performance in Barr v. East Side Sanctuary Covenant, where they allowed the Solicitor General to unethically “short circuit the system,” dissolved a proper stay issued by a U.S. District Judge, and allowed an unconstitutional, illegal, not to mention immoral, program of racially targeted elimination of asylum opportunities sends a strong signal that the Supreme themselves have become part of the “ethics free zone.” Trump and Barr and their sycophantic subordinates have taken notice.
Chief Justice John Roberts might disingenuously moan the loss of civility and the dysfunction in the Legislative and Executive Branches. But, fact is, his Court’s unwillingness to fulfill their oaths of office by enforcing the Constitution and standing up for the rule of law by reinforcing it against Trump’s arrogant overreach is a major part of the problem. He and his spineless Supremes’ majority have essentially left America defenseless against the tyranny and corruption of Trump, Barr, and company.
And, as asylum applicants are abused, human lives are ruined, the Immigration Courts dissolve, and Trump’s betrayal of our nation unfolds each day, we see that there are “real life consequences” to the Supremes’ complicity.
The sci-fi writer William Gibson once said, “The future has arrived — it’s just not evenly distributed yet.” In America in 2018, the same could be said of authoritarianism.
Since Donald Trump was elected, there’s been a boom in best-selling books about the fragility of liberal democracy, including Madeleine Albright’s “Fascism: A Warning,” and Timothy Snyder’s “On Tyranny.” Many have noted that the president’s rhetoric abounds in classic fascist tropes, including the demonization of minorities and attempts to paint the press as treasonous. Trump is obviously more comfortable with despots like Russia’s Vladimir Putin than democrats like Canada’s Justin Trudeau.
We still talk about American fascism as a looming threat, something that could happen if we’re not vigilant. But for undocumented immigrants, it’s already here.
There are countless horror stories about what’s happening to immigrants under Trump. Just last week, we learned that a teenager from Iowa who had lived in America since he was 3 was killed shortly after his forced return to Mexico. This month, an Ecuadorean immigrant with an American citizen wife and a pending green card application was detained at a Brooklyn military base where he’d gone to deliver a pizza; a judge has temporarily halted his deportation, but he remains locked up. Immigration officers are boarding trains and buses and demanding that passengers show them their papers. On Monday, Attorney General Jeff Sessions decreed that most people fleeing domestic abuse or gang violence would no longer be eligible for asylum.
But what really makes Trump’s America feel like a rogue state is the administration’s policy of taking children from migrants caught crossing the border unlawfully, even if the parents immediately present themselves to the authorities to make asylum claims. “This is as bad as I’ve ever seen in 25 years of doing this work,” Lee Gelernt, deputy director of the A.C.L.U.’s Immigrants’ Rights Project, told me. “The little kids are literally being terrorized.”
Family separations began last year — immigrant advocates aren’t sure exactly when — and have ramped up with the administration’s new “zero tolerance” policy of prosecuting everyone who crosses the border without authorization. Over two weeks in May, more than 650 children were snatched from their parents.
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Read the rest of Michelle’s article at the above link!
In case you haven’t noticed (and Trump supporters either haven’t, or have ignored it), everyone around Trump, including friends, family, business associates, political supporters, Cabinet members, allies, lawyers, campaign workers, former girlfriends and liaisons, is “expendable.” The only “non-expendable” person in Trump’s universe is, no surprise here, Trump.
And, like any authoritarian despot, he picks people off one by one or in vulnerable groups by isolating, bullying, demeaning, dehumanizing, and then destroying them while the others look on offering no help to the fallen and just thinking “glad it wasn’t me!”
But, when your time comes (and it well may, if we allow Trump to continue in office long enough) who will be there to stand up for you? Who will speak up for your rights? Indeed, what “rights” will you have after Trump, Sessions, Pence & Co have finished destroying our Constitution and stomping on the real rule of law to institute their White Nationalist Empire?
And what kind of country with what kind of people make terrorizing already traumatized kids a national policy?
“At a televised cabinet meeting on Wednesday, Donald Trump, as is his custom, called on his appointees to publicly praise him. In a performance that would have embarrassed the most obsequious lackey of the North Korean leader Kim Jong-un, Vice President Mike Pence delivered an encomium to his boss, who sat across the table with arms folded over his chest, absorbing abasement as his due.
“I want to thank you, Mr. President,” Pence said. “I want to thank you for speaking on behalf of and fighting every day for the forgotten men and women of America. Because of your determination, because of your leadership, the forgotten men and women of America are forgotten no more. And we are making America great again.” The president thanked him for his kind words, and Pence replied, “Thank you, Mr. President, and God bless you.”
It was a neat summation of where the Republican Party is at the end of the first year of Trump. There’s been a synthesis, in which Trump and establishment Republicans adopt one another’s worst qualities. Trump, who campaigned as a putative economic populist — even calling for higher taxes on the rich — will soon sign into law the tax plan of the House speaker Paul Ryan’s Ayn Randian dreams. The majority of elected Republicans, in turn, are assuming a posture of slavish submission to Trump, worshiping their dear leader and collaborating in the maintenance of his alternative reality.
Some of this might be strategic; everyone knows Trump is susceptible to flattery. But in many cases — certainly with Pence — it seems sincere. In a recent Atlantic profile of the vice president, McKay Coppins wrote that Pence’s faith mandates obedience to temporal as well as heavenly authority. When he accepted the vice-presidential nomination, Coppins wrote, “he believed he was committing to humbly submit to the will of Donald Trump.” From a secular perspective, Pence, like many other Republicans, appears to be a person inclined to authoritarianism.
Erich Fromm, a German-Jewish psychoanalyst who fled Nazism, described authoritarian personalities as simultaneously craving power and submission. “The authoritarian character loves those conditions that limit human freedom; he loves being submitted to fate,” he wrote. Fate, in his formulation, can be the laws of the market, the will of God, or the whims of a leader. According to Fromm, authoritarians might make a show of valuing freedom and independence — watchwords of the American right — but long to be ruled by a stronger force.
Viewed this way, it’s not surprising that religious conservatives have been among Trump’s most ardent fans. Certainly, it’s understandable that people on the right would try to get what they can out of this president. But the relationship between Trump and many Republicans increasingly looks less like a marriage of convenience than a sadomasochistic affair.
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It is, as they say, not normal for erstwhile law-and-order Republicans to attack the F.B.I. for being overzealous in its pursuit of Russian subversion. Nunes’s inquiry appears similar to Trump’s voter fraud commission, invented to substantiate right-wing fantasies about Democratic vote rigging. The point, in both cases, is to flesh out a lie rather than find the truth. Hannah Arendt once wrote of this sort of policy-as-disinformation: “Totalitarianism will not be satisfied to assert, in the face of contrary facts, that unemployment does not exist; it will abolish unemployment benefits as part of its propaganda.”
For the past year, a lot of us have assumed that Republicans are putting up with Trump out of fear of their base or lust for tax cuts. We’ve imagined that beneath our mutual partisan loathing lies some remaining shared commitment to liberal democracy. Maybe that’s true, and Republicans will display new independence once tax reform is signed, particularly if support for the president keeps dwindling.
But there’s another possibility, which is that a critical mass of Republicans like being in thrall to a man who seems strong enough to will his own reality, and bold enough to voice their atavistic hatreds. Maybe Trump is changing Republicans, or maybe he’s just giving men like Pence permission to be who they already were.”
Read Michelle’s entire article, aptly named “Fifty Shade of Orange” at the above link. I’ll reluctantly go with “possibility two:” Trump is just giving GOP “closet bigots,” oligarchs, anarchists, racists, theocrats, and neo-Nazis permission publicly to be what they always were underneath. Not a happy thought, but at least we’ll know what we’re up against and why to date most so-called “establishment Republicans” who intend to remain in office have “gone along to get along.”
Remember, at the end of the day, not a single GOP Senator was willing to vote against a fairly obvious “Tax Heist.” That, plus all the “slavish submission” and repulsive flattery of “The Supreme Leader” this week tell you all you need to know about the “Heart and Soul” of the GOP. The country needs “regime change” before it’s too late!
