National Security – Page 256 – immigrationcourtside.com

HUFFPOST POLITICS: Despite Bannon’s Apparently Waning Influence, “Turbocharged” Sessions Will Keep “Ethno-Nationalist Agenda” Rolling At Full Speed At DOJ! Bad News For Immigrants, African-Americans, Refugees, Muslims, LBGT Individuals, Forensic Science, Innocent Defendants, Minor Offenders, Taxpayers, The U.S. Constitution, Many Women, & Social Justice In America!

http://www.huffingtonpost.com/entry/jeff-sessions-steve-bannon_us_58efb376e4b0bb9638e23542

Paul Blumenthal writes:

“No matter what Bannon’s fate, however, his strand of ethno-nationalism will live on in the Trump Justice Department under Attorney General Jeff Sessions. The 70-year-old former Alabama senator has already set the Justice Department on a new path by targeting immigrants, reining in police department reform efforts and curtailing efforts to protect voting rights.

“While many are focused on how Bannon is losing influence in the White House, those concerned with immigrant justice ― and I suspect those concerned with racial justice, police reform and voting rights, too ― are focused on the rise of a turbocharged Sessions,” Frank Sharry, executive director of the pro-immigration reform group America’s Voice, said in an email to HuffPost.

Bannon and Sessions share a long history of mutual support and policy agreement. They spent months together with Stephen Miller, a former Sessions aide who now works in the White House, plotting strategy on how to enact their shared agenda of limiting immigration to the U.S. in order to maintain a European and Christian identity. In 2016, Bannon declared Sessions “one of the intellectual, moral leaders of this populist, nationalist movement in this country.” After both moved to Trump’s administration, Bannon called Sessions the White House “clearinghouse for policy and philosophy.” Like Bannon, Sessions declares his policy objective as defeating “soulless globalism.”

. . . .

In another appearance on Bannon’s radio show, Sessions endorsed the Immigration Act of 1924, which specifically limited immigration based on race and religion, in the context of current immigration trends. “In seven years, we’ll have the highest percentage of Americans, non-native born, since the founding of the Republic,” Sessions said, while praising the 1924 law that was used to prevent Jewish immigration before and during the Holocaust.

Like Bannon, Sessions believes immigration from Middle Eastern countries poses a national security risk. He agrees that Western leaders have failed to protect their Judeo-Christian heritage by opening the door to refugees.

In one radio interview, after Bannon compared the migration of Syrian refugees to an infamous racist French book, he asked Sessions.: “Do you believe the elites in this country have the backbone, have the belief in the underlying principles of the Judeo-Christian West to actually win this war?”

“I’m worried about that,” Sessions replied.

The two nationalist Trump supporters share more than immigration policy preferences. The reversal of police reform efforts and reinvigoration of the War on Drugs pushed by Sessions as attorney general fits with Bannon’s efforts at Breitbart to label Black Lives Matter protesters as racists, while perpetuating racist stereotypes of African Americans through the site’s Black Crime section.”

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For those who hoped that President Trump’s sudden shift to more “centrist” positions on trade and foreign policy might carry over into immigration policy, dream on! Bannon might be “on the ropes,” but Sessions and Stephen Miller still have the President’s ear on their restrictionist, nationalist positions on immigration.

While badly needed, reasonable bipartisan immigration reform would be within Trump’s reach, that’s not going to happen. Buoyed by the immediate decrease in Southern Border apprehensions, Trump, Sessions, and MIller (Gen. Kelly appears to gone AWOL on immigration policy — he just parrots what Sessions and the nationalist restrictionists tell him — his stature as former General with integrity shrinks every day) intend to arrest, detain, deport, and threaten unless and until the Article III Courts stop them. And whether that will happen is still an open question.

Liz was right!

PWS

04-13-17

SYRIAN REFUGEE HYPOCRISY: I’m Not The Only One To Notice The Moral Disconnect In Shooting Missiles While Ignoring The Plight Of Millions Of Vulnerable Syrian Civilian Refugees, Many Children!

http://www.huffingtonpost.com/entry/trump-syria-humanitarian-refugees_us_58e6fd6ee4b051b9a9da3d6e

Akbar Shahid Ahmed writes in HuffPost:

“WASHINGTON ― As President Donald Trump on Thursday night announced a military strike on Syria because of his deep concern for “beautiful babies” and other civilians killed in a chemical weapons attack this week, two legal battles continued over his efforts to keep Syrian children and their families out of the United States.

The president’s first ban on refugees and travelers from seven Muslim-majority countries is being litigated in a federal court in Seattle. His second attempted Muslim ban remains blocked by a federal judge in Hawaii, with an appeals court scheduled to hear the case in May.

Both executive orders halted the entry of refugees, and targeted Syrians in particular. The language of the orders echoed Trump’s campaign talk about the humanitarian crisis facing more than 20 million people from that country. In September, the then-candidate said denying U.S. entry to Syrian refugees is “a matter of terrorism” and “a matter of quality of life.”

Since his inauguration, Trump has repeatedly spread lies about refugee-related problems in Sweden. And his administration has tried to mislead the public on the number of refugees being investigated on terror charges. The Washington Post rated Trump’s talking point on the issue “highly misleading” last month.

After a U.S. intelligence analysis suggested that Syrian President Bashar Assad used the banned chemical weapon sarin in an attack on an opposition-held village on Tuesday, Trump spoke multiple times about children and other civilians who were affected.

“Assad choked out the lives of helpless men, women and children. It was a slow and brutal death for so many. Even beautiful babies were cruelly murdered at this very barbaric attack,” Trump said after launching the strike Thursday night. “No child of God should ever suffer such horror.”

The White House confirmed after the attack that Trump has not altered his position on refugees. National Security Adviser James McMaster said the refugee issue “wasn’t discussed as any part of the deliberations” for the strikes, according to a White House pool report.

The hypocrisy did not go unnoticed.

. . . .

“More than 11 million Syrians have been displaced from their homes since Syria’s civil war began in 2011, when Assad attacked peaceful protests against his family’s decades-long rule.

“In many cases, children caught up in this crisis have fared the worst, losing family members or friends to the violence, suffering physical and psychological trauma, or falling behind in school,” the nonprofit World Vision wrote in a post on March 15, the sixth anniversary of the civil war. “Children affected by the Syrian refugee crisis are at risk of becoming ill, malnourished, abused, or exploited.”

Trump’s strike in itself is unlikely to have any serious impact on civilian suffering. A one-off U.S. show of force may help the president and his team feel they’re taken action. But the Assad regime’s assault on Syria’s people will likely continue, perhaps after some small break.

Secretary of State Rex Tillerson suggested this would be the case Thursday night, telling reporters not to expect a change in U.S. policy toward directly trying to force Assad out.

“If Trump just wants Assad to stop using [chemical weapons] but does nothing about sieges, torture & mass executions, then Assad will likely say ‘deal,’” Kristyan Benedict, campaigns manager for Amnesty International UK, tweeted. “Stopping Assad’s chemical attacks has value for sure but [chemical weapons] are just one tool the regime use to terrorize civilians & maintain their power.”

The hypocrisy also was noted in a NY Times Op-Ed by Anthony J. Blinken on the need for an effective diplomatic follow-up to the military response:

“Here at home, Mr. Trump must speak directly to the American people about the country’s mission and its objectives, thoroughly brief Congress and seek its support, and make clear the legal basis for United States actions. And while he’s at it, he should reopen the door he has tried to slam shut on Syrian refugees. The president’s human reaction to the suffering of those gassed by the Assad regime should extend to all the victims of Syria’s civil war, including those fleeing its violence.”

Read Blinken’s entire op-ed here: https://mobile.nytimes.com/2017/04/07/opinion/after-the-missiles-we-need-smart-diplomacy.html?em_pos=small&emc=edit_ty_20170407&nl=opinion-today&nl_art=0&nlid=79213886&ref=headline&te=1&_r=0&referer=

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Sorry, but I wouldn’t expect any real humanitarian or moral leadership out of this Administration. It’s really all about muscle, authority, acting tough, showing up the Obama Administration, throwing bones to the military, and shoring up shaky support among GOP hawks in Congress who have been itching to start another un-winnable war in the Middle East for years. Oh yeah, and it changed the subject from the Russia investigation, internal war in the West Wing, failed health care, and more attacks by this Administration on America’s environment, health, safety, privacy, and civil rights.

I also wouldn’t let new NSC head Lt. Gen. H.R. McMaster off the hook here. Yes, he did America and the world a huge service by getting alt-right nationalist Steve Bannon off the NSC and perhaps shaking his standing in the West Wing. And, he undoubtedly brings a much needed voice of military and national security expertise to the table. The idea of Gen. Mike Flynn, a proven liar and flake, and Bannon being given any part in America’s national security apparatus is scary beyond belief.

But, McMaster’s failure to “connect the dots” between military policy and the intertwined ongoing civilian humanitarian refugee crisis in Syria is simply inexcusable. And, by publicly turning our back on Syrian refugees we actually signal that our talk of humanitarian concerns in Syria is merely a “smokescreen.”

We have, and will continue to, show little concern for the real human victims of the Syrian war. This signals to both Assad and Russia that our only real interest is maintaining politically visible “red lines.” As long as Assad sticks to “conventional means” of murdering, maiming, terrorizing and displacing Syrian civilians we will continue to turn our back on the suffering of refugees.

Both knowledge of and actual hands on field work in the area of refugees and humanitarian relief should be a job requirement for any military officer promoted to the rank of General or its equivalent in other branches of service. War, at the end of the day, is about only one thing: people. And, there is no such thing as a war that doesn’t produce both civilian deaths and refugees.

PWS

04-07-17

LA TIMES EDITORIAL #5: “Conspiracy Theorist In Chief”

http://www.latimes.com/projects/la-ed-conspiracy-theorist-in-chief/

“It was bad enough back in 2011 when Donald Trump began peddling the crackpot conspiracy theory that President Barack Obama was not a native-born American. But at least Trump was just a private citizen then.

By the time he tweeted last month that Obama had sunk so low as to “tapp [sic] my phones during the very sacred election process,” Trump was a sitting president accusing a predecessor of what would have been an impeachable offense.

Trump went public with this absurd accusation without consulting the law enforcement and intelligence officials who would have disabused him of a conspiracy theory he apparently imbibed from right-wing media. After the FBI director debunked it, Trump held fast, claiming he hadn’t meant that he had been literally wiretapped.

Most people know by now that the new president of the United States trafficks in untruths and half-truths, and that his word cannot be taken at face value.

Even more troubling, though, is that much of his misinformation is of the creepiest kind. Implausible conspiracy theories from fly-by-night websites; unsubstantiated speculations from supermarket tabloids. Bigoted stories he may have simply made up; stuff he heard on TV talk shows.

. . . .
This is pathetic, but it’s also alarming. If Trump feels free to take to Twitter to make wild, paranoid, unsubstantiated accusations against his predecessor, why should the nation believe what he says about a North Korean missile test, Russian troop movements in Europe or a natural disaster in the United States?

Trump’s willingness to embrace unproven, conspiratorial and even racist theories became clear during the campaign, when he repeatedly told tall tales that seemed to reinforce ugly stereotypes about minorities. Take his now famous assertion that he watched thousands of people in “a heavy Arab population” in New Jersey cheer the collapse of the World Trade Center on 9/11, an astonishing account that no one has been able to verify. PolitiFact rated that as “Pants on Fire.”

Or his retweeting of a bogus crime statistic purporting to show that 81% of white homicide victims are killed by blacks. (The correct figure was 15%.)

On several occasions he retweeted white nationalists. (Remember the image of Hillary Clinton and the star of David, for instance?)

His engagement with, to put it politely, out-of-the-mainstream ideas has attracted some strange bedfellows. It may not be fair to attribute to his senior aide, Steve Bannon, all the views that were published on the controversial alt-right site Breitbart.com, of which Bannon was the executive chairman. But it is certainly fair to wonder why Trump has elevated to a senior West Wing position a man who has trafficked in nonsense, bigotry and rank speculation.”

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Read the entire editorial, part of a series that has been posted on this blog, at the above link.

For me, the key quote: “But it is certainly fair to wonder why Trump has elevated to a senior West Wing position a man who has trafficked in nonsense, bigotry and rank speculation.”

Apparently, Bannon and his crowd are now locked in a “death struggle” with the “Trump-Kushner Family” over who gets the President’s ear. Consider Bannon’s ouster from the NSC, where he had absolutely no business being in the first place (does this guy really have a security clearance?), as a victory for Kushner and Gen. McMaster. That’s notwithstanding planted “fake news” from the Bannon faction downplaying the move and absurdly attempting to pass it off as “normal evolution.”

But, Bannon is a lifetime “conspirator” and not someone who takes slights in stride (just like his boss). Probably only Kellyanne Conway had more to do with Trump being in the White House today. And, Bannon isn’t someone Trump wants on the “outside” lobbing bombs and grenades back at to Oval Office and talking trash to Trump’s Breitbart-reading base. So, I wouldn’t count him out.

PWS

04/06/17

SYRIA/HUMAN RIGHTS: Firing Missiles To Solve A Humanitarian Crisis, While Ignoring The Plight Of Syrian Refugees Makes Little Sense — But It Does Serve To Undermine U.S. Moral Leadership — By Turning His Back On Syrians Who Could Be Saved, Trump Made The Situation Worse!

President Trump’s suddenly discovered moral outrage over the gassing of Syrian civilians and his hasty resort to military force seems odd in light of his studied indifference, and even demonization, of millions of desperate Syrian refugees in need of resettlement in America and the West. Pelting Syria with missiles is likely to kill some innocent civilians as well as Assad supporters and Russians. But, helping Syrians in need who actually managed to flee the country would be a sure-fire way of saving the lives of civilians, many of them women and children, enriching United States, taking pressure off our allies in the region with overflowing refugee camps, and showing some moral leadership to other Western nations who are wavering in their humanitarian commitments.

Here’s a clip from HuffPost showing how UN Ambassador Nikki Haley, notwithstanding her pictures of gassed Syrian kids, had no answer for why the U.S. is failing to fulfill its humanitarian responsibility to take a fair share of Syrian refugees.

HuffPost reports:

“Earlier on Wednesday, Haley gave a fierce speech at the United Nations condemning the Syrian regime and its Russian ally.

“How many more children have to die before Russia cares?” Hayley asked at the meeting of the United Nations Security Council.

Despite Hayley’s comments, it’s unclear what response the U.S. is considering in the wake of the attack. Trump said during a joint press conference with Jordan’s King Abdullah on Wednesday that Tuesday’s attack had changed his attitude toward the Assad regime and the country’s ongoing civil war. Just last week, the Trump administration had signaled it would no longer push for Syrian President Bashar Assad’s removal.

But neither Hayley nor Trump addressed whether Tuesday’s atrocity changed anything toward the president’s stance on Syrian refugees. Though there are already stringent requirements for refugees to enter the U.S., Trump repeatedly said during the presidential campaign that he considered Syrian refugees a terrorist threat.

After taking office in January, Trump signed an executive order on immigration that blocked admission to the U.S. for all refugees for 120 days and for Syrian refugees indefinitely, while also cutting the goal for refugee admissions this fiscal year from 110,000 to 50,000. The ban was later struck down in court. The implementation of a revised version of the executive order, which didn’t single out Syrian refugees but still blocked admission of all refugees for 120 days and decreased the total number of refugees to be admitted, was also halted in court.

At one point during Haley’s exchange with Van Susteren, a woman sitting in the mezzanine yelled out: “What about refugees?”

Haley went silent. Van Susteren paused, and then said, “Moving on.” The subject of refugees did not come up again.

. . . .

Haley’s talk came directly after a panel on the weaponization of medical care in Syria, in which two doctors asked those in the audience to start caring about Syrian doctors, civilians and refugees.”

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The sad fact is that the dead children in Syria are dead. Neither missiles nor recriminations about failed Obama Administration policies will bring them back to life. But, there are hundreds of thousands, perhaps millions, of still alive Syrian kids in refugee camps whose lives can be saved and who need our help. Sooner, rather than later.

PWS

04-06-17

BREAKING: U.S. Launches Missiles At Syria In Retaliation For Gas Attack!

https://www.washingtonpost.com/world/national-security/trump-weighing-military-options-following-chemical-weapons-attack-in-syria/2017/04/06/0c59603a-1ae8-11e7-9887-1a5314b56a08_story.html?hpid=hp_rhp-top-table-main_syria-315pm:homepage/story&utm_term=.2615d73f4be7

The Washington Post reports:

“The U.S. military launched approximately 50 cruise missiles at Syrian military targets late on Thursday, in the first direct American assault on the government of President Bashar al-Assad since that country’s civil war began six years ago.

The operation, which the Trump administration authorized in retaliation for a chemical attack killing scores of civilians this week, dramatically expands U.S. military involvement in Syria and exposes the United States to heightened risk of direct confrontation with Russia and Iran, both backing Assad in his attempt to crush his opposition.

The attack may put hundreds of American troops now stationed in Syria in greater danger. They are advising local forces in advance of a major assault on the Syrian city of Raqqa, the Islamic State’s de facto capital.

The decision to strike follows 48 hours of intense deliberations by U.S. officials, and represents a significant break with the previous administration’s reluctance to wade militarily into the Syrian civil war and shift any focus from the campaign against the Islamic State.”

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PWS

04-06-17

“Another one bites the dust, And another one gone, and another one gone” — Nunes Out Of Russia Investigation!

Quote from “Another One Bites The Dust,” sung by Queen, Songwriter: Deacon, John; here’s a link http://www.metrolyrics.com/another-one-bites-the-dust-lyrics-queen.html

The NY Times reports:

“WASHINGTON — Representative Devin Nunes, the embattled California Republican who is chairman of the Intelligence Committee, announced on Thursday he would step aside from leading his committee’s investigation into Russia’s efforts to disrupt last year’s presidential election.

His announcement was made on the same morning that the House Committee on Ethics said Mr. Nunes was under investigation because of public reports that he “may have made unauthorized disclosures of classified information.”

Read the full report here: https://www.nytimes.com/2017/04/06/us/politics/devin-nunes-house-intelligence-committee-russia.html?smprod=nytcore-iphone&smid=nytcore-iphone-share

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COMPROMISED:

Former National Security Adviser, Gen. Mike Flynn

U.S. Attorney General, Jeff Sessions

House Intelligence Chair, Devon Nunes (R-CA)

Who’s next??????

PWS

04/06/17

LA TIMES EDITORIAL #3: “Trump’s Authoritarian Vision”

“Trump’s Authoritarian Vision”

“In a way, Trump represents a culmination of trends that have been years in the making.

Conservative talk radio hosts have long blasted federal judges as “activists” and regulators as meddlers in the economy, while advancing the myth of rampant election fraud. And gridlock in Washington has led previous presidents to try new ways to circumvent the checks on their power — witness President George W. Bush’s use of signing statements to invalidate parts of bills Congress passed, and President Obama’s aggressive use of executive orders when lawmakers balked at his proposals.

What’s uniquely threatening about Trump’s approach, though, is how many fronts he’s opened in this struggle for power and the vehemence with which he seeks to undermine the institutions that don’t go along.

It’s one thing to complain about a judicial decision or to argue for less regulation, but to the extent that Trump weakens public trust in essential institutions like the courts and the media, he undermines faith in democracy and in the system and processes that make it work.
Trump betrays no sense for the president’s place among the myriad of institutions in the continuum of governance. He seems willing to violate long-established political norms without a second thought, and he cavalierly rejects the civility and deference that allow the system to run smoothly. He sees himself as not merely a force for change, but as a wrecking ball.

Will Congress act as a check on Trump’s worst impulses as he moves forward? One test is the House and Senate intelligence committees’ investigation into Russia’s meddling in the presidential election; lawmakers need to muster the courage to follow the trail wherever it leads. Can the courts stand up to Trump? Already, several federal judges have issued rulings against the president’s travel ban. And although Trump has railed against the decisions, he has obeyed them.

None of these institutions are eager to cede authority to the White House and they won’t do so without a fight. It would be unrealistic to suggest that America’s most basic democratic institutions are in imminent jeopardy.

But we should not view them as invulnerable either. Remember that Trump’s verbal assaults are directed at the public, and are designed to chip away at people’s confidence in these institutions and deprive them of their validity. When a dispute arises, whose actions are you going to consider legitimate? Whom are you going to trust? That’s why the public has to be wary of Trump’s attacks on the courts, the “deep state,” the “swamp.” We can’t afford to be talked into losing our faith in the forces that protect us from an imperial presidency.

This is the third in a series.”

Read the complete editorial here: http://www.latimes.com/projects/la-ed-trumps-authoritarian-vision/

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PWS

04/04/17

LA TIMES CONFRONTS TRUMP IN FOUR PART EDITORIAL SERIES — Here Are Parts 1 & 2 — 1) “Our Dishonest President;” 2) “Why Trump Lies”

“Our Dishonest President”

“These are immensely dangerous developments which threaten to weaken this country’s moral standing in the world, imperil the planet and reverse years of slow but steady gains by marginalized or impoverished Americans. But, chilling as they are, these radically wrongheaded policy choices are not, in fact, the most frightening aspect of the Trump presidency.

What is most worrisome about Trump is Trump himself. He is a man so unpredictable, so reckless, so petulant, so full of blind self-regard, so untethered to reality that it is impossible to know where his presidency will lead or how much damage he will do to our nation. His obsession with his own fame, wealth and success, his determination to vanquish enemies real and imagined, his craving for adulation — these traits were, of course, at the very heart of his scorched-earth outsider campaign; indeed, some of them helped get him elected. But in a real presidency in which he wields unimaginable power, they are nothing short of disastrous.

Although his policies are, for the most part, variations on classic Republican positions (many of which would have been undertaken by a President Ted Cruz or a President Marco Rubio), they become far more dangerous in the hands of this imprudent and erratic man. Many Republicans, for instance, support tighter border security and a tougher response to illegal immigration, but Trump’s cockamamie border wall, his impracticable campaign promise to deport all 11 million people living in the country illegally and his blithe disregard for the effect of such proposals on the U.S. relationship with Mexico turn a very bad policy into an appalling one.

. . . .

On Inauguration Day, we wrote on this page that it was not yet time to declare a state of “wholesale panic” or to call for blanket “non-cooperation” with the Trump administration. Despite plenty of dispiriting signals, that is still our view. The role of the rational opposition is to stand up for the rule of law, the electoral process, the peaceful transfer of power and the role of institutions; we should not underestimate the resiliency of a system in which laws are greater than individuals and voters are as powerful as presidents. This nation survived Andrew Jackson and Richard Nixon. It survived slavery. It survived devastating wars. Most likely, it will survive again.

But if it is to do so, those who oppose the new president’s reckless and heartless agenda must make their voices heard. Protesters must raise their banners. Voters must turn out for elections. Members of Congress — including and especially Republicans — must find the political courage to stand up to Trump. Courts must safeguard the Constitution. State legislators must pass laws to protect their citizens and their policies from federal meddling. All of us who are in the business of holding leaders accountable must redouble our efforts to defend the truth from his cynical assaults.

The United States is not a perfect country, and it has a great distance to go before it fully achieves its goals of liberty and equality. But preserving what works and defending the rules and values on which democracy depends are a shared responsibility. Everybody has a role to play in this drama.

This is the first in a series.”

Read the entire editorial here:

http://www.latimes.com/projects/la-ed-our-dishonest-president/

“Why Trump Lies”

“Donald Trump did not invent the lie and is not even its master. Lies have oozed out of the White House for more than two centuries and out of politicians’ mouths — out of all people’s mouths — likely as long as there has been human speech.

But amid all those lies, told to ourselves and to one another in order to amass power, woo lovers, hurt enemies and shield ourselves against the often glaring discomfort of reality, humanity has always had an abiding respect for truth.

In the United States, born and periodically reborn out of the repeated recognition and rejection of the age-old lie that some people are meant to take dominion over others, truth is as vital a part of the civic, social and intellectual culture as justice and liberty. Our civilization is premised on the conviction that such a thing as truth exists, that it is knowable, that it is verifiable, that it exists independently of authority or popularity and that at some point — and preferably sooner rather than later — it will prevail.

Even American leaders who lie generally know the difference between their statements and the truth. Richard Nixon said “I am not a crook” but by that point must have seen that he was. Bill Clinton said “I did not have sexual relations with that woman” but knew that he did.
The insult that Donald Trump brings to the equation is an apparent disregard for fact so profound as to suggest that he may not see much practical distinction between lies, if he believes they serve him, and the truth.

His approach succeeds because of his preternaturally deft grasp of his audience. Though he is neither terribly articulate nor a seasoned politician, he has a remarkable instinct for discerning which conspiracy theories in which quasi-news source, or which of his own inner musings, will turn into ratings gold. He targets the darkness, anger and insecurity that hide in each of us and harnesses them for his own purposes. If one of his lies doesn’t work — well, then he lies about that.

If we harbor latent racism or if we fear terror attacks by Muslim extremists, then he elevates a rumor into a public debate: Was Barack Obama born in Kenya, and is he therefore not really president?
If his own ego is threatened — if broadcast footage and photos show a smaller-sized crowd at his inauguration than he wanted — then he targets the news media, falsely charging outlets with disseminating “fake news” and insisting, against all evidence, that he has proved his case (“We caught them in a beauty,” he said).

If his attempt to limit the number of Muslim visitors to the U.S. degenerates into an absolute fiasco and a display of his administration’s incompetence, then he falsely asserts that terrorist attacks are underreported. (One case in point offered by the White House was the 2015 attack in San Bernardino, which in fact received intensive worldwide news coverage. The Los Angeles Times won a Pulitzer Prize for its reporting on the subject).

If he detects that his audience may be wearying of his act, or if he worries about a probe into Russian meddling into the election that put him in office, he tweets in the middle of the night the astonishingly absurd claim that President Obama tapped his phones. And when evidence fails to support him he dispatches his aides to explain that by “phone tapping” he obviously didn’t mean phone tapping. Instead of backing down when confronted with reality, he insists that his rebutted assertions will be vindicated as true at some point in the future.

Trump’s easy embrace of untruth can sometimes be entertaining, in the vein of a Moammar Kadafi speech to the United Nations or the self-serving blathering of a 6-year-old.

. . . .

Our civilization is defined in part by the disciplines — science, law, journalism — that have developed systematic methods to arrive at the truth. Citizenship brings with it the obligation to engage in a similar process. Good citizens test assumptions, question leaders, argue details, research claims.

Investigate. Read. Write. Listen. Speak. Think. Be wary of those who disparage the investigators, the readers, the writers, the listeners, the speakers and the thinkers. Be suspicious of those who confuse reality with reality TV, and those who repeat falsehoods while insisting, against all evidence, that they are true. To defend freedom, demand fact.

This is the second in a series.”

Read the complete editorial here:

http://www.latimes.com/projects/la-ed-why-trump-lies/

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Stay tuned for parts 3 & 4 in this LA Times editorial series.

PWS

04-03-17

Turning Back The Hands Of Time — Sessions Seeks To Restore AG’s Lead Role In Immigration Enforcement!

https://www.washingtonpost.com/politics/seeking-central-role-on-immigration-attorney-general-jeff-sessions-plots-border-visit-to-arizona/2017/03/30/34fc8596-1550-11e7-833c-503e1f6394c9_story.html

David Nakamura and Matt Zapotosky report in the Washington Post:

“The Justice Department is seeking to play a more muscular role in the Trump administration’s immigration enforcement strategy, a move that is alarming immigrant rights advocates who fear Attorney General Jeff Sessions’s hard-line ideology could give Justice too much clout in determining policy.

To highlight the department’s expanding role, Sessions is considering making his first trip to the southern border in mid-April to Nogales, Ariz., a busy border crossing region that features a major patrol station and already has miles of fencing and walls designed to keep out illegal immigrants from Mexico. Aides emphasized that his itinerary is still being developed and the stop in Nogales — which would come as Sessions travels to a conference of state police officials from around the country 200 miles away in Litchfield Park — is still tentative.

If he follows through, the border visit would come at a time when President Trump is asking Congress for billions of dollars to begin construction on a longer and larger wall between the United States and Mexico, a central campaign promise.

In recent weeks, Sessions has taken steps to increase his department’s focus on immigration.

. . . .

But legal experts said Sessions could significantly restructure the Justice Department by ramping up the number of immigration judges sent to the border to speed up hearings and by pursuing more criminal prosecutions against immigrants in the United States beyond those associated with drug cartels and human smugglers that past administrations have focused on.

The Sessions Justice Department also could move to strip some protections from undocumented immigrants, such as how much time they have to find a lawyer; more robustly defend DHS enforcement policies that are challenged in court; and use the Office of the Special Counsel to aggressively prevent employers from discriminating against American workers by hiring undocumented workers, said Leon Fresco, a former deputy assistant attorney general in the Obama administration.

“I think they will be incredibly active,” said Fresco, who helped draft the 2013 immigration bill while serving as an aide to Sen. Charles E. Schumer (D-N.Y.). The only thing that could slow Sessions, he added, was “finding enough individuals with expertise and the willingness to speed these issues along.”

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Prior to the creation of the Department of Homeland Security (“DHS”), the Attorney General had responsibility for nearly all aspects of domestic immigration enforcement and adjudication. Most of those functions were reassigned to the DHS, leaving the AG responsible primarily for the Immigration Courts (through the Executive Office for Immigration Review – “EOIR”) and for conducting immigration litigation in the Article III Federal Courts (through the Office of Immigration Litigation — “OIL”).

Apparently, Attorney General Sessions finds these legal roles too “passive” for his enforcement-oriented outlook. Sensing a vacuum because of his closeness to the President and DHS Secretary Kelly’s relative inexperience in immigration issues, Sessions now seeks to make, rather than just defend or adjudicate, immigration policy.

What does this say about the chances that Sessions will promote a fair and impartial administrative hearing system through the U.S. Immigration Courts and the Board of Immigration Appeals over which he exercises ultimate control.

PWS

03/31/17

POLITICO LITIGATION: DOJ In “Stall Mode” In Hawaii Travel Ban Case — “Dire Emergency” Threatening The Republic Subsides As Curiously As It Arose, Leaving Experts To Ponder The Meaning Of The Administration’s Changed Strategy!

http://www.politico.com/blogs/under-the-radar/2017/03/donald-trump-travel-ban-ninth-circuit-appeal-236575

Josh Gerstein writes in Politico:

“When President Donald Trump’s first travel ban executive order was effectively shut down by a federal judge, the Trump administration seemed to be in a huge rush to get the policy back on track.

This time? Not so much.

It took less than a day for Justice Department lawyers to file an appeal last month after U.S. District Court Judge James Robart blocked the key parts of Trump’s directive.

A few hours later — just after midnight Eastern Time — the federal government filed an emergency motion asking the San Francisco-based 9th Circuit to allow the president to move forward with his plan to halt travel to the U.S. from seven majority-Muslim countries and to suspend refugee admissions from across the globe.

A three-judge 9th Circuit panel unanimously turned down Trump’s request, prompting the president to redraft the executive order, dropping Iraq from the roster of affected countries and exempting existing visa-holders from the directive.

But when a federal judge in Hawaii issued a broad block on the new order March 15, just hours before it was set to kick in, there was no immediate appeal. In fact, nearly two weeks later, the Justice Department is still tangling with Honolulu U.S. District Court Judge Derrick Watson and has yet to take the issue back to the 9th Circuit.

The delay has puzzled many lawyers tracking the litigation, particularly given Trump’s public warning that “many very bad and dangerous people may be pouring into our country” as a result of the courts’ interference with his first travel ban directive. A total of two months have now passed since Trump signed his first order.

“A lot of people have talked about that,” said University of Richmond law professor Carl Tobias. “It seems hard to wait on this without undercutting the argument” that the travel ban order is needed to address an urgent national security threat, he added.

Some attorneys believe the Justice Department is intentionally dragging its feet in the Hawaii case because the 9th Circuit rotates the three-judge panels assigned to motions every month, with the next swap-out due Saturday. The 9th Circuit also announces the panels publicly, although not in advance. This month’s consists of two Obama-appointed judges — Morgan Christen and John Owens — along with George W. Bush appointee Milan Smith.”

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Interesting that Gerstein reports later in his article that the 4th Circuit might “bypass” the panel stage and just send the “Maryland case” directly to the en banc court. I hadn’t picked up on that. Sounds unusual.

As I have speculated before, no matter what happens in the 4th Circuit, if this issue does get to the Supremes, it’s unlikely to be decided until some time in 2018. So, barring something pretty unusual, the Travel Ban will be “banned” for the foreseeable future.

I suspect that by then, the Administration will have discovered that it doesn’t need an Executive Order and all this hoopla to quietly and gradually “beef up” visa and refugee vetting in individual cases or groups of cases where it is warranted. They have already started that process, as I previously reported. I think the scope, method, publicity, and “in your face” tone of the two EOs are what got them into difficulty with the courts.

PWS

03/29/17

PETULA DVORAK IN THE WashPost: Forget The Administration’s Fear-Mongering — There Are Many Amazing Kids In Our Midst Seeking Survival & A Chance To Contribute! These Are The Kids I Met In Immigration Court — And I Am Still Moved & Inspired By What Many Of Them Have Achieved & Their Potential!

https://www.washingtonpost.com/local/theyve-survived-untold-horrors-undocumented-teens-dont-deserve-to-be-demonized/2017/03/27/518dcebe-09b5-11e7-a15f-a58d4a988474_story.html?hpid=hp_regional-hp-cards_rhp-card-columnists%3Ahomepage%2Fcard&utm_term=.346ab2350bee

Petula Dvorak writes in her regular local column in the Washington Post:

“Their dreams — to become a lawyer, an interior decorator, a sailor in the Navy — are a lot like the dreams that other kids at their Maryland high school have.

It’s their nightmares — seeing relatives killed, paying off coyotes, being raped at the border, spending weeks in a detention center, being homeless in a new country — that make them so different.

“They’ve survived untold horrors,” said Alicia Wilson, the executive director at La Clinica Del Pueblo, which is working with Northwestern High School to help these teenagers.

The Hyattsville school has absorbed dozens of these students — part of a wave of more than 150,000 kids who have crossed the U.S. border over the past three years fleeing violence in Central America.

We usually hear about these young immigrants only when they’re accused of committing heinous crimes — such as the two undocumented students charged with raping a 14-year-old classmate in a bathroom at Rockville High School. Or when they become victims of heinous crimes — such as Damaris Reyes Rivas, 15, whose mother wanted to protect her from MS-13 in El Salvador but lost her to the gang in Maryland.

In country with a growing compassion deficit, plenty of people resent these kids, demonizing them along with other undocumented immigrants. But I wish those folks got to spend the time with them that I did. They’re funny, vulnerable, hard-working and stunningly resilient.”

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Exactly what I found in more than a decade as a trial judge at the Arlington Immigration Court. The young people were among the most memorable of the thousands of lives that passed through my courtroom. “Funny, vulnerable, hard-working and stunningly resilient,” yes they were all of those things. To that, I would add smart, courageous, talented, motivated, and caring.

Many appeared at the first Master Calendar speaking only a few words of English. By the time the second Master rolled around (often 9-12 months on my overcrowded docket) they were basically fluent. And, they often were assisting others in the family to understand the system, as well as taking on major family responsibilities with parents or guardians holding down two, or sometimes three jobs.

I checked their grades and urged/cajoled them to turn the Cs into Bs and the Bs into As. Many brought their report cards to the next haring to show me that they had done it.

I recognized the many athletes, musicians, chess players, science clubbers, and artists who were representing their schools. But, I also recognized those who were contributing by helping at home, the church, with younger siblings, etc.

Just lots of very impressive young people who had managed to put incredible pain, suffering, and uncertainty largely behind them in an effort to succeed and fit in with an strange new environment. They just wanted a chance to live in relative safety and security and to be able to lead productive, meaningful lives, contributing to society. Pretty much the same things that most off us want for ourselves and our loved ones.

More often than not, with the help of talented, caring attorneys, many of them serving in a pro bono capacity, and kind, considerate Assistant Chief Counsel we were able to fit them into “the system” in a variety of ways. Not always, But, most of the time. Those who got to stay were always grateful, gracious, and appreciative.

Even those we had to turn away I hope left with something of value — perhaps an education — and the feeling that they had been treated fairly and with respect, that I had carefully listened and considered their claim to stay, and that I had explained, to the best of my ability, in understandable language, why I couldn’t help them. Being a U.S. Immigration Judge was not an easy job.

Overall, I felt very inspired when I could play a positive role in the lives of these fine young people. “Building America’s future, one life at a time, one case at a time,” as I used to say.

PWS

03/28/17

WashPost: 3 Iraqi Refugees in VA Charged with Immigration Fraud — Allegedly Hid Family Ties & Made Up Stories Of Abuse

https://www.washingtonpost.com/local/public-safety/iraqi-refugees-in-va-accused-of-hiding-tie-to-a-kidnapper-to-get-into-us/2017/03/28/2997716e-13c2-11e7-833c-503e1f6394c9_story.html?utm_term=.b05079ddbe27&wpisrc=nl_buzz&wpmm=1

Rachel Weiner reports:

“When Yousif Al Mashhadani came to the United States as a refugee in 2008, he told officials he had been kidnapped in his native Iraq because of his anti-corruption efforts and wanted to come to America for his own safety.

Now, prosecutors in the Eastern District of Virginia say Al Mashhadani lied about being kidnapped and about his own connection to a vicious kidnapper.

On Tuesday, Al Mashhadani, his brother Adil Hasan, and Hasan’s wife, Enas Ibrahim, appeared in court on charges of naturalization fraud.

All three live in Fairfax County; they moved here from Iraq in 2008. But when they applied to become lawful permanent U.S. residents, none of them acknowledged a relationship to Majid Al Mashhadani, a convicted kidnapper who is Yousif Al Mashhadani and Hasan’s brother, an affidavit from FBI agent Sean MacDougal said.”

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

Obviously, the defendants are innocent until proven guilty. But, if the Government does prove these charges, then these three individuals have not only compromised the integrity of the U.S. refugee system, but also endangered the lives of many Iraqis who legitimately qualify for protection, but are caught up in the anti-refugee hysteria being promoted by the Trump Administration. Cases like this damage the chances of all legitimate refugees to receive the life-saving protection which they need and deserve.

I’d also like to put in a good word for the DHS criminal enforcement operation. Taking apart complicated cases like this and developing them into viable criminal prosecutions takes skill, sophisticated knowledge, perseverance, and dogged attention to detail.

My personal experience has been that the DHS generally does an outstanding job of ferreting out and prosecuting refugee and asylum fraud, even when, as here, the cases takes years to develop. Then, cases that shouldn’t have been granted are reopened, status is revoked, and removal proceedings are instituted.

During my time at the Arlington Immigration Court, the DHS and the U.S. Attorney’s Office in Alexandria “broke” major asylum fraud cases relating to Indonesians and Cameroonians. The principals went to jail and those who knowingly participated in the fraud had their status revoked and were removed from the United States. So, in the end, the DHS did their job well, and justice was served.

As a judge, I was an adjudicator, not an investigator. So, I appreciated the investigative skills of those who brought the truth to light and thereby helped us keep our system honest.

PWS

03/28/17

Oral Argument Set For May 8 In International Refugee Assistance Project v. Trump — 4th Cir. Grants Gov’s Request to Expedite!

http://www.nationallawjournal.com/home/id=1202781955190/Fourth-Circuit-Expedites-Travel-Ban-Case-Sets-May-8-Hearing?mcode=1202617074964&curindex=0&slreturn=20170225010630

The National Law Journal reports:

“The U.S. Court of Appeals for the Fourth Circuit agreed Thursday to expedite a challenge to President Donald Trump’s travel ban executive order, setting oral arguments in the case for May 8 at the court in Richmond.
The government appealed a Maryland U.S. district court’s order last week that blocked a portion of the president’s March 6 executive order restricting travel from six majority-Muslim countries. On Wednesday, the Justice Department requested the court expedite the briefing schedule for the appeal, arguing that lower courts and the Ninth Circuit all expedited litigation surrounding both the March 6 executive order and the first order, now revoked, which was issued Jan. 28.
The government had also indicated in its request to expedite the process that it intends to file a motion to stay the injunction pending appeal. According to the court’s schedule, the government plans to file that motion Friday. The plaintiff’s response will be due March 31, with the government’s reply due April 5.
The government said the issue is “of national importance” and has national security implications, making it worthy of a speedy schedule. According to the filing, the plaintiffs disagreed with the government’s proposed schedule, and requested a May 10 deadline for their briefs. The Fourth Circuit originally issued a briefing schedule requiring the government to file its opening brief April 26, with the briefing completed by June 9.”

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

PWS

03/25/17

Trump Wins One In Virginia!

http://www.cnn.com/2017/03/24/politics/virginia-federal-judge-revised-travel-ban/

CNN reports:

“(CNN)A federal judge in Virginia ruled in favor of the Trump administration Friday, declining to join other federal courts that halted the President’s revised travel ban last week.

Two federal judges — one in Maryland and one in Hawaii — have blocked implementation of the core provisions of the travel ban, and it remains on hold nationwide. Drawing on a litany of then-candidate Donald Trump’s statements about Muslims during the presidential campaign, both of the judges concluded that the new executive order likely violates the establishment clause of the Constitution by disfavoring Muslims.

But Virginia-based US District Judge Anthony Trenga was not persuaded that Trump’s past statements automatically mean the revised executive order is unlawful, especially given the changes it made from the first version.
“This court is no longer faced with a facially discriminatory order coupled with contemporaneous statements suggesting discriminatory intent,” Trenga explained. “And while the President and his advisers have continued to make statements following the issuance of EO-1 (the first executive order) that have characterized or anticipated the nature of EO-2 (the revised ban) the court cannot conclude for the purposes of the motion that these statements, together with the President’s past statements, have effectively disqualified him from exercising his lawful presidential authority.”
The practical effect of Trenga’s decision is limited at this point because the travel ban is already frozen nationwide, but it adds another judicial voice in support of the legality of the executive order as it makes its way through further proceedings in federal appellate courts.
Trump’s new travel ban blocked: What you need to know
“The substantive revisions reflected in EO-2 have reduced the probative value of the President’s statements to the point that it is no longer likely that plaintiffs can succeed on their claim that the predominate purpose of EO-2 is to discriminate against Muslims based on their religion and that EO-2 is a pretext or a sham for that purpose,” Trenga added.
The Justice Department championed the news.”

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

Not much immediate impact here, because TRO’s from Federal cases in Hawaii and Maryland remain in effect. But, Judge Trenga’s legal analysis will certainly be helpful to the Government moving forward.

PWS

03/25/17

WashPost OPINION: David Cole Lays Out The Case For Rejecting “Travel Ban 2.0” — Why Judges Should Look Behind The Language OF The EO To Determine “Intent”

https://www.washingtonpost.com/opinions/judges-shouldnt-ignore-what-we-all-know-trumps-travel-ban-is-really-about/2017/03/22/4ad23ce2-0f21-11e7-ab07-07d9f521f6b5_story.html?utm_term=.e93e1d53f89f

Cole writes:

“So does the immigration or the establishment-clause test govern? The answer should depend on the nature of the government’s action. Deference is proper when the political branches draw customary and “bona fide” immigration lines, especially when there is no suggestion of an improper purpose. It makes sense to defer to immigration decisions based on family ties or adherence to visa conditions, because it is next to impossible to regulate immigration without drawing such lines. But the Trump administration has advanced no reason immigration law should be a tool for denigrating religion.

Establishing religion has never been a proper goal of immigration law — or any law. Targeting Islam violates the rights of Americans, whatever form it takes; there is no justification for giving the government a pass because it is regulating the border. When Trump signed the first travel ban, he said, “We all know what that means.” We do, indeed. And judges, no less than the rest of us, must not blind themselves to what “we all know.”

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Curmudgeonly Observation Of The Day

As noted in his op-ed, Professor Cole wears “many hats,” one of which is as the attorney for the plaintiffs in International Refugee Assistance Project v. Trump, currently pending on appeal by the Government in the U.S. Court of Appeals for the Fourth Circuit.

I’m not saying that there is anything unethical or improper about Cole writing this article. Attorneys seem to do it all the time, although more often from the private than from the Governmental side. As long as the judge hasn’t entered a “gag order,”(very rare in civil litigation like this) it’s perfectly legit.

It’s probably just me being an “old guy” and having spent two decades toiling away on appellate and trial benches at the administrative level (certainly not the exalted level of the U.S. District Court or the Fourth Circuit). Nevertheless, as I indicated in my recent blogs about extra-judicial statements by Trump and his advisors, I continue to think it is a “bad practice” for parties and attorneys with pending cases to take the argument “out of court and into the media.”

In my judicial career I presided over a number of so-called “high profile” cases. As a judge, I never appreciated seeing articles or statements in the press by the attorneys of record or parties while the matter was pending before me (or “us” in the case of the BIA).

To me, it always seemed to indicate a curious desire by the party to have the case tried in a forum “other than the one I was presiding over.” That didn’t necessarily warm my heart or increase my respect for the party.

Of course, as I judge I had to “get over it” (in the words of my esteemed former colleague, now retired, Judge Wayne R. Iskra) along with lots of other annoying “peripheral stuff” to treat the parties fairly and make a just decision on the law and facts. But, I always wondered: “Why even put that seemingly unnecessary ‘hurdle’ in front of me.”

Sure, nothing takes the place of “real life” reflections from those involved in big cases. That’s what “after the fact” articles, press conferences, law review pieces, books, and even movies are for. But, I think that it is most prudent for those actively involved in pending litigation to let their statements and filings in court speak for them. Surely, there are others in academia and the NGO community who could have written the same article that Cole did based on what is already in the public record.

PWS

03/24/17

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