NY TIMES: How Trump’s Toxic Use Of “The Wall” Has Destroyed Bipartisan Dialogue & Compromise On Border Security

https://www.nytimes.com/2019/01/12/us/politics/trump-wall-border-security-debate.html

Michael D. Shear reports for the NYT:

Washington used to know how to have a serious debate about border security.

Republicans demanded more money for Border Patrol agents and necessary fences. Democrats argued for better surveillance technology and more resources at the ports of entry. The two parties squabbled over how much to spend, how to pay for it and how it all fit into the broader struggle to overhaul the nation’s broken immigration system.

But President Trump has demolished the decades-old, bipartisan understanding about how to bargain over the border. In Mr. Trump’s world, there are no alternatives that can form the basis of a legislative give-and-take, much as his allies and adversaries might hope for them. For the president, the only way to stop what he calls an “onslaught” of illegal immigrants is to erect a massive, concrete or steel barrier across the nearly 2,000-mile border with Mexico.

“Drones and all of the rest are wonderful and lots of fun, but it is only a good old fashioned Wall that works!” he tweeted last month.

By conjuring images of a towering stone edifice around a medieval fortress — and branding those on the outside as invaders threatening to bring crime, drugs and disease to the United States — Mr. Trump has transformed what used to be a complicated, nuanced negotiation into a take-it-or-leave-it demand, laced with xenophobia, that has shuttered nearly a quarter of the government for weeks.

“He turns a debate that is fundamentally about more or less, measured in dollars, and makes it a debate that is wall or not,” said Frank Sharry, a pro-immigration activist who has battled over border security for decades in the nation’s capital. “It’s become cartoonish.”

For decades, immigration has been an emotional and bitterly fought battle in Washington and around the country. But even so, there has been a consensus among most Republicans and Democrats that securing the southern border requires a mix of costly strategies. That included a large number of Border Patrol agents posted at key points along the vast stretch of land from San Diego to Brownsville, Tex., fences in urban areas and barriers to stop vehicles from crossing and high-tech surveillance gear to alert the Border Agents to the presence of migrants and drugs.

Until Mr. Trump was elected, the sticking points had largely been about other parts of the broader immigration debate — cracking down on people who stay longer than their visas allow; preventing companies from hiring illegal immigrants; expanding opportunities for legal immigration; and providing status to those already in the country illegally, including immigrants brought to the United States as children.

Such a comprehensive deal is completely out of reach now. But Mr. Trump’s behavior during the past several weeks suggests that even reaching a smaller, more targeted agreement on security arrangements at the border is more elusive than ever before.

The current government shutdown, which began just before Christmas, is now the longest one ever in United States history. In the 22 days since the government shut down, there have been virtually no negotiations by congressional lawmakers or the White House. There have been no marathon, pizza-fueled sessions in back rooms at the Capitol. Lawmakers have not traded detailed proposals with each other. Mr. Trump refused to give an inch in his Oval Office speech, and has spent more time in an extended photo-op at the border than he has at the negotiating table.

It has all left veterans of past border debates exasperated and frustrated.

“We know how to secure borders,” said Alex Conant, a Republican strategist who was a top aide to Senator Marco Rubio in 2013 when the Republican senator from Florida helped lead the last major, bipartisan effort to overhaul immigration. “The 2013 immigration plan had what everybody agreed was the most effective way possible to secure borders and other points of entry.”

With the backing of President Barack Obama, a bipartisan group of eight senators that year succeeded in passing a comprehensive overhaul of the nation’s immigration system. But the legislation, which passed with 68 votes, prompted fierce opposition from conservative Republicans, who condemned it as amnesty for 11 million undocumented immigrants. It was never brought up for a vote in the House.

Still, the Senate legislation was an indication of where the two parties could agree on border security. It doubled the number of Border Patrol agents, from 19,000 to almost 40,000, an increase that even the authors of the proposal agreed was overkill but was designed mostly as an enticement to win Republican support.

Senators from both parties also agreed on money for technological improvements along the border. The bill allocated $3.2 billion for drones, infrared ground sensors and long-range thermal imaging cameras to give Border Patrol agents advance notice when migrants cross illegally, especially at night. It also included money for an electronic employment verification system for all employers and upgrades at airports to catch immigrants who overstay their visas.

And the consensus included some physical barriers — what Mr. Trump might call walls and others would call fencing. Years earlier, the Secure Fence Act of 2006 allocated money to build about 650 miles of barriers along the border. The 2013 bill, had it been signed into law, would have increased that total to almost 700 miles, mostly along the eastern half of the border with Mexico.

Almost all of the fencing that Congress has approved has already been built. In populated areas, the fence is tall and steel or chain-link and designed to keep people out. In other places, the barrier is nothing more than short, metal poles spaced out to keep vehicles from driving through, or low, wooden fences that run alongside pedestrian paths.

In 2011, a Government Accountability Office report concluded that despite 649 miles of completed fencing, the “the southwest border continues to be vulnerable to cross-border illegal activity, including the smuggling of humans and illegal narcotics.”

The report recognized that barriers have mostly not been built in the vast, empty stretches in Texas, where rivers and mountains as natural borders have prevented cars from crossing into the United States and made the trek by foot difficult, if not impossible. But Mr. Trump seizes on conclusions like the G.A.O. report’s about the continued influx of illegal immigrants at the southern border as proof that he is right in demanding a continuous wall.

In remarks to reporters after a meeting with Democrats at the White House earlier this month, Mr. Trump insisted that the only way to prevent immigrants from crossing between the 25 official ports of entry is to erect fences everywhere else.

“We can’t let gaps. Because if you have gaps, those people are going to turn their vehicles, or the gangs — they’re going to coming in through those gaps,” the president said. “And we cannot let that happen.”

But there continue to be questions about the wisdom of building a wall from “sea to shining sea,” even from inside Mr. Trump’s administration.

A different G.A.O. report, released last year, examined the preliminary cost estimates by Customs and Border Protection of what it would cost to extend the wall along the entire border. The report criticized the border agency, saying that the cost estimates did not take into account that costs would vary depending on the kind of terrain where they were built.

In recent days, the rhetoric between the two sides has become more strident than ever. Mr. Trump and his Republican allies have pointed out that Democrats supported fencing in the past, though they purposefully ignore the context of those votes and the difference between the fencing that Democrats supported and the all-or-nothing wall that the president has demanded.

Speaker Nancy Pelosi of California has called the wall “immoral,” cementing her position against it.

“At this point, the idea we could overlook the rhetoric and get a deal done is much harder,” Mr. Sharry, the pro-immigration activist, said.

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

No surprise that the “Clown in Chief” has turned the dialogue “cartoonish” in the words of Frank Sharry.

“The Wall” has become a symbol for racism, xenophobia, the White Nationalist restrictionist agenda, immoral Government expenditures, and pandering to Trump’s political “base.” That makes it difficult for the Dems to give Trump what he wants unless they get something equally big and symbolic in return (e.g., Dreamer relief).

And, what Pelosi says makes perfect sense: If Trump couldn’t get “the Wall” when the GOP was in change, it’s unrealistic to think that the Democrats, having finally regained control of the House, are going to give it to him. Not to mention that the Wall is unpopular with the majority of Americans.

PWS

01-13-19

JULIA EDWARDS AINSLEY @ NBC: Trump’s “Border Terrorist” Numbers Are Bogus! — Expect A Barrage Of Lies & White Nationalist Myths In His Scheduled TV Address!

https://www.nbcnews.com/politics/immigration/only-six-immigrants-terrorism-database-stopped-cbp-southern-border-first-n955861

Julia Ainsley

Julia reports:

By Julia Ainsley

U.S. Customs and Border Protection encountered only six immigrants at ports of entry on the U.S-Mexico border in the first half of fiscal year 2018 whose names were on a federal government list of known or suspected terrorists, according to CBP data provided to Congress in May 2018 and obtained by NBC News.

The low number contradicts statements by Trump administration officials, including White House press secretary Sarah Sanders, who said Friday that CBP stopped nearly 4,000 known or suspected terrorists from crossing the southern border in fiscal year 2018.

Secretary of Homeland Security Kirstjen Nielsen told reporters on Monday the exact number, which NBC News is first to report, was classified but that she was working on making it public. The data was the latest set on this topic provided to Congress. It is possible that the data was updated since that time, but not provided to Congress.

Overall, 41 people on the Terrorist Screening Database were encountered at the southern border from Oct. 1, 2017, to March 31, 2018, but 35 of them were U.S. citizens or lawful permanent residents. Six were classified as non-U.S. persons.

On the northern border, CBP stopped 91 people listed in the database, including 41 who were not American citizens or residents.

Border patrol agents, separate from CBP officers, stopped five immigrants from the database between legal ports of entry over the same time period, but it was unclear from the data which ones were stopped at the northern border versus the southern border.

The White House has used the 4,000 figure to make its case for building a wall on the southwest border and for closing the government until Congress funds it. They have also threatened to call a national emergency in order to get over $5 billion in funding for the wall.

The U.S. keeps databases of people it believes may have ties to terrorist networks based on their spending activities, travel patterns, family ties or other activities. It is not a list of people who could be criminally charged under terrorism statutes, and it is possible that someone could be stopped because they have the same name as a person on the list.

Thanks, Julia, for your timely reporting. As most readers probably know, the Washington Post and others recently have exposed what many of us knew all along: The DOJ intentionally used false and misleading numbers to support the racist, xenophobic narratives set forth by Sessions, Nielsen, Homan, and others! And, shamelessly, the DOJ refuses to withdraw its bogus reports!

Once we get real government back again, seems that the DOJ is a prime candidate for a thorough housecleaning! Integrity seems to have disappeared from the DOJ’s mission at all levels!

PWS

01-08-19

AZAM AHMED @ NY TIMES: PERVERSION OF JUSTICE: How Trump Aids Smugglers While Punishing Legitimate Asylum Seekers!

https://www.nytimes.com/2019/01/06/world/americas/mexico-migrants-smugglers.html

Ahmed reports:

REYNOSA, Mexico — As the human smugglers stalk the bus stations, migrant shelters and twisting streets of this Mexican border town, they have no trouble collecting clients like Julian Escobar Moreno.

The Honduran migrant arrived in Reynosa, Mexico, intending to apply for asylum in the United States. But new policies north of the border have instead driven him into the hands of the city’s smuggling cartels, whose business is booming.

“I honestly don’t want to cross illegally, but I don’t really have a choice,” said Mr. Moreno, 37.

The Trump administration, which has partially shut down the federal government in a fight over funding for an enhanced border wall, has adopted a number of strategies over the last two years to deter migrants and persuade them to turn around — or not to come at all.

Its latest effort is a policy that admits only a few asylum seekers a day, if that, at border crossings. As a result of this metering, migrants are now waiting on the Mexican side of the border for weeks and months before they can submit their applications.

In Reynosa and elsewhere, the delays caused by the policy are prompting many migrants to weigh the costs and dangers of a faster option: hiring a smuggler, at an increasingly costly rate, to sneak them into the United States.

In November, the number of migrant families apprehended attempting to cross the border skyrocketed to its highest levels on record, with some of those caught having turned to smugglers at some point in their trip.

“What we have seen is that no one is getting across the border,” said Hector Silva, the director of a center providing services to migrants that sits near the banks of the Rio Grande, which separates Reynosa from McAllen, Tex. “This forces families, with all the desperation they feel, to go illegally.”

The decision to endure a long wait or illegally expedite the journey to the United States is playing out not only in Reynosa, where the crack of gunfire has become a soundtrack of the city, but across the long sweep of the United States-Mexico border, all the way to Tijuana, where a crisis is unfolding as thousands of Central Americans wait their turn to cross the border.

A visit to a Reynosa migrant shelter quickly makes it clear how many are considering the smuggling option.

“I’m scared to go to the border crossing, because they will deport me,” said Maximo Rene Arana Nunez, a Guatemalan who arrived in Reynosa a few days ago and is looking to cross. “I’m stuck here until my family in the United States can save enough money to pay for a smuggler.”

According to those recently deported, migrants who are attempting to cross and local officials, the price that smugglers can command is rising along with the demand for their services.

For those able to afford it, and willing to accept the risk, finding smugglers in Reynosa is easy. The streets seethe with smuggling cartel agents, who openly pitch their services.

The dangers of an illegal crossing are not enough to dissuade migrants. They are fearful, but many feel they have no other recourse. For many, the calculation is predicated on a simple truth: What lies behind them is worse than what may lie ahead.

“I don’t have an option, I can’t be there,” Mr. Moreno said of his native Honduras. “Our government is totally corrupt, and if the Mexicans or Americans deport me, I’m dead.”

Mr. Moreno now works 12-hour shifts on the outskirts of the city, trying to save enough to pay for a smuggler.

For other migrants in the shelter, the equation was not necessarily of life or death, but of exchanging well-known hardship for vaguer hope.

“Look, we know what the situation is in our country,” said Osman Noe Guillén, 28, who reached Reynosa with his partner shortly after their marriage, having treated the ride on the buses up from Honduras as something of a honeymoon. “We don’t know what will happen when we cross.”

Mr. Guillén gripped the hand of his wife, Lilian Marlene Menéndez, and allowed himself a smile. Blind faith and economic need were enough for them. They did not know how grim and dangerous Reynosa was before they arrived, only that it was the closest crossing from Honduras and therefore the cheapest to reach.

Yes, they had heard the angry rhetoric about migrants coming out of the United States, they said, and knew about the deportations and long waits at the border. But they didn’t care.

“Desperation makes you do crazy things,” Mr. Guillén said. “I don’t think anything would stop me. And certainly not a wall.”

The couple, having priced out the next leg of the journey with local smugglers, said they had accepted the risks of continuing. The smugglers, or polleros, are known to kill or strand migrants who falter in their payments, and to extort those who have families that can mortgage homes or drum up more money.

In recent days, the couple was quoted a price of $7,000 apiece just to make it to the banks on the Texas side of the river.

That appears to be on the higher end; many Central Americans recently have been quoted $5,500 to be ferried to reach the other side of the river. Not long ago, $4,000 was the going rate.

Some of the migrants interviewed who were planning to try the smuggling route said they still intended to apply for asylum if and when they made it to the United States.

While the United States’ revised policy toward asylum seekers is primarily aimed at dissuading Central American migrants from making the trip to the border, it is also affecting Mexican policy and the lives of Mexicans in border cities.

The mayor of Reynosa, Maki Esther Ortiz Dominguez, noted that her city, in the state of Tamaulipas, was already one of the most dangerous in Mexico. She said she is worried the situation in Reynosa could grow even worse, as migrants are either preyed upon by criminals or recruited to join their ranks.

“This policy could at any moment detonate a new crime wave here,” Ms. Ortiz Dominguez said.

In the center of the bridge that connects Reynosa with McAllen, the United States Border Patrol this summer constructed a new booth for prescreening people hoping to make it into American territory. At least two officers are on duty in the tiny structure, asking everyone who passes for their documentation.

More recently, Mexican officials have begun acting as a first line of border defense. As people queue up to cross the bridge, Mexican agents are now pulling Central Americans out of the line, demanding their paperwork and detaining them if they have not filled out the proper documentation.

Some have languished for months waiting for family members to send money to pay the fee for the paperwork.

The new approach by Mexican agents at the border was begun under pressure from the United States, said one Mexican official in Reynosa, requesting anonymity because this person was not authorized to discuss the decision publicly.

It was this new approach by the authorities in Mexico that ensnared Mr. Moreno.

Having been run out of Honduras by the notorious 18th Street gang for refusing to work for them, he believed he had a good case for political asylum in the United States and went to the bridge in Reynosa so he could start the application process.

But moments after arriving with his pregnant wife and three children at the foot of the international bridge, he and his family were stopped by Mexican officials and detained.

A few months ago, Mr. Moreno’s lack of proper paperwork would have been ignored by the Mexican authorities, according to local officials and immigration lawyers. But Mr. Moreno was held in a cell for 20 days and his family was placed in a temporary shelter.

The lure of the smugglers in Reynosa is not limited to Central Americans. Mexicans, too, employ their services, although the cost is lower — the prices charged seem to depend on just how bad the situation is in a migrant’s home country.

On a recent day in a migration office in Reynosa, a group of Mexicans sat waiting to be processed after their deportations from the United States.

“For the migration authorities, it is a job,” said Melvin Gómez, 18, who is from the Mexican state of Chiapas. “For Mexicans and Central Americans, immigration is a dream.”

Mr. Gómez had just tried crossing for the fourth time the day before.

“We have something to live for,” he said, “and that keeps us going.”

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

Trump, Sessions, & Nielsen have helped empower criminal gangs in the U.S. and the Northern Triangle with their clueless and racist-driven enforcement policies. Now they are handing out similar benefits to smugglers and human traffickers. And, in both instances, the Trumpsters have discouraged those actually trying to help law enforcement and/or comply with the law.

Yes, our immigration system needs changes. But, the only “immigration emergency” right now is that intentionally manufactured by Trump and his gang of White Nationalist incompetents. Don’t let them get away with their fraud, waste, and abuse!

PWS

01-08-19

NYT: TRUMP’S FAILED “DETERRENCE” STRATEGIES CONTINUE TO THREATEN CHILDREN’S SAFETY AND WELFARE! — Even Some Of Those Charged With Implementing Administration’s Policies Recognize Their Cruelty and Futility — They Just Can’t “Speak Truth” Publicly!

bhttps://www.nytimes.com/2019/01/04/us/mexico-wall-policy-trump.html

Manny Fernandez, Caitlin Dickerson, and Paulina Villegas report for the NY Times:

. . . .

Much of the growing chaos, say many of those who work along the border and in some of the government’s own security agencies, is a result of a failed gamble on the part of the Trump administration that a succession of ever-hharsher border policies would deter the flood of migrants coming from Central America.

It has not, and the failure to spend money on expanding border processing facilities, better transportation and broader networks of cooperation with private charities, they say, has led to the current problems with overcrowding, health threats and uncontrolled releases of migrants in cities along the border.

“It’s the complete, 100 percent focus on harsher options that will deter the influx, with a disregard for managing what’s happening,” said a Department of Homeland Security official who spoke on the condition of anonymity for fear of being fired. “We have a lot more families, a lot more unaccompanied children, and the focus has just been on how can we deter, rather than how can we handle.”

Mr. Trump has made it a priority to end what he calls the practice of “catch and release,” but the policy of holding large numbers of migrants in detention has led to capacity problems. The Obama administration had a policy of releasing migrants who were considered safe and likely to appear in court in order to make room for others who were a higher priority for detention, but the Trump administration has largely eliminated that practice.

The number of detainees at Immigration and Customs Enforcement facilities has reached its highest point ever, according to figures provided by the agency, with an average daily population of 45,200 single adults and family units.

The result is the recent need to release large numbers of migrants, many simply dropped off at bus stations. About 600 migrants were dropped off with no advance planning in El Paso during the last full week in December. Similar releases have happened in recent days and weeks in Arizona and California.

The homeland security official said the administration could have done more to improve the situation and avoid the recent mass drop-offs, such as working more closely with nonprofit groups. “They could have put more resources down there, either monetary or physical,” the official said. “There are things you could do to manage it so that it’s not just, ‘We’re overwhelmed. We’re releasing them.’”

. . . .

Some of those involved in the policymaking said that there was open acknowledgment within the government that the newest policies under development — a plan that would require asylum seekers to wait in Mexico through the duration of their immigration cases, and one to build tent cities along the border to house more families — were either likely to face an immediate court injunction or were so costly that they could not be justified to taxpayers. But the officials said they were under orders from the White House to push forward.

“It’s like, ‘O.K., why are we working on this if it’s just another lawsuit in the making?’” said a second Homeland Security official, who also spoke on the condition of anonymity. “Everybody knows that it’s going to be challenged in the courts and likely struck down. I don’t think the people at the top feel like they have a choice. They just do what they are asked to do.”

The situation has become more tense in recent weeks as ICE authorities, who in the past were careful to coordinate with volunteer shelters when releasing migrants, have instead begun dropping them in large numbers in the streets in Texas, Arizona and California, forcing city officials and charity groups to scramble.

“We’re dealing with the symptoms of the root cause, which is the lack of a rational immigration policy from Washington, and both sides are culpable,” said Dee Margo, the mayor of El Paso.

City officials have been told that the government may soon increase the number of migrants released in El Paso to 500 daily. “That may be a killer, that may be a real challenge for us to be able to deal with,” Mr. Margo said.

The government itself is dealing with some of the most acute problems — housing large numbers of families in border processing centers built to handle single men.

. . . .

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

Read the complete article, with accompanying stats and charts, at the link.  Part of the real shame here is that the Government could actually make great strides in dealing with this situation properly and legally.  And it wouldn’t cost anything near the $5 billion the President insists on wasting on his “Wall.”

What’s really needed for improved border security is:

  •  More Asylum Officers;
  • More Immigration Judges and Court personnel;
  • More ICE Assistant Chief Counsel;
  • More port of entry inspectors;
  • Better technology at and between ports or entry and at international airports;
  • Better DHS intelligence capabilities;
  • More anti-smuggling and undercover officers;
  • Better funding for the UNHCR to improve asylum reception and processing in Mexico and other countries surrounding the Northern Triangle;
  • Funding to assist pro bono groups and NGOs in representing, advising, and when appropriate arranging either temporary or permanent resettlement;
  • More honest recognition of the many real refugees and granting them asylum or other protections in a timely and consistent manner so that they can get work authorization and begin contributing to our society;
  • Much better management and leadership at DHS.

I’ll bet that all that could be done for less than $5 billion. And, rather than more controversy, waste, and abuse, we’d see real improvement in both border security and the lives of human beings we are legally obligated to assist and protect.

PWS

01-06-19

CHRISTMAS EVE @ COURTSIDE: A Muslim Gets The Message Of Christ Better Than Many Christians!

https://www.nytimes.com/2018/12/22/opinion/muslim-christian-trump-supporters.html

By Wajahat Ali

NY Times Contributing Opinion Writer

Image

A Christmas nativity scene.CreditCreditAmir Levy/Getty Images

At Bellarmine, an all-boys Catholic school in San Jose, Calif., I was often the token Muslim and probably the only person who began freshman year thinking the Eucharist sounded like the name of a comic book villain. I eventually learned it’s a ritual commemorating the Last Supper. At the monthly Masses that were part of the curriculum, that meant grape juice and stale wafers were offered to pimpled, dorky teenagers as the blood and body of Christ.

During my time there, I also read the King James Bible and stories about Jesus, learned about Christian morality, debated the Trinity with Jesuit priests and received an A every semester in religious studies class. Twenty years later, I can still recite the “Our Father” prayer from memory.

Growing up, I’d been taught that Jesus was a major prophet in Islam, known as “Isa” and also referred to as “ruh Allah,” the spirit of God born to the Virgin Mary and sent as a mercy to all people. Like Christians, we Muslims believe he will return to fight Dajjal, or the Antichrist, and establish peace and justice on earth. But it was everything I learned in high school that came together to make me love Jesus in a way that made me a better Muslim.

Even though I don’t personally celebrate Christmas, the season always makes me think of his legacy of radical love. This year, it’s especially hard to understand how Trump-supporting Christians have turned their back on that unconditional love and exchanged it for nativism, fear and fealty to a reality TV show host turned president.

According to a Washington Post/ABC poll conducted in January, 75 percent of white evangelicals in the United States — compared with 46 percent of American adults over all — said “the federal crackdown on undocumented immigrants” was a positive thing. Sixty-eight percent of them believe America has no responsibility to house refugees, according to a Pew Research poll conducted in April and May.

The numbers aren’t quite as jarring when we look at different slices of religious America. According to a PRRI poll conducted in late August and early September, 59 percent of Catholics and 75 percent of black Protestants view Trump negatively. Still, I can’t fathom how anyone who knows the Jesus I encountered at Bellarmine could be comfortable with this administration.

Jesus was a humble carpenter from Nazareth who miraculously fed 5,000 people but never humiliated them with condescending lectures about God favoring those who pull themselves up by their bootstraps. Mr. Trump has expressed enthusiasm for gutting the Supplemental Nutrition Assistance Program, the nation’s most important anti-hunger program, by adding unnecessary and cruel work requirements for food stamp recipients.

Mr. Trump also chose Ben Carson, a neurosurgeon who admitted he isn’t qualified to run a federal agency, to head the Department of Housing and Urban Development. Dr. Carson, who says his Christian faith helps him “serve the nation even better,” tweeted he’s “moving more people toward self-sufficiency” by advocating huge cuts to housing aid, increased rent and more stringent work requirements. In high school, I must have missed the sermon where Jesus told the poor, hungry and homeless to stop asking God for handouts.

President Trump and Republicans have also waged a nonstop war on Obamacare for nine years, allowing 14 states to opt out of Medicaid expansion, leaving four million eligible Americans unable to enroll. The Jesus I met in high school healed a blind man. Guess what he didn’t do? Rail against the socialist evils of taking care of people’s health.

The Jesus I know commanded, “You shall love your neighbors as yourself.” He didn’t add “unless they are undocumented immigrants or Muslim or gay.” He would welcome refugees from Central America, feed them, wash their feet. He would have been horrified at the conditions that led 7-year-old Jakelin Caal to die of dehydration and shock in Border Control custody after seeking refuge in this country with her father.

Christianity isn’t unique: Every religion is abused as such by some of its followers and manipulated to advance political agendas. But the hypocrisy of white Evangelical Christians’ support for Trump in light of his undeniable cruelty and apathy — toward refugees, Puerto Rican citizens recovering from a devastating hurricane, victims of California fires and a newspaper columnist killed by Saudi Arabia — is too much to bear. Despite this barrage of hate, Evangelical leaders like Franklin Graham still support Mr. Trump because they believe he “defends the faith.” How?

Our school’s motto was “Men for others,” a reminder that the Christian faith should be lived through active selfless service. Judging from the type of Christianity that is practiced and preached by some Trump supporters, they must know a Jesus whose message is “Every man for himself.”

At Bellarmine, we had to perform 100 hours of community service before graduating. I volunteered at the senior center and the local homeless shelter, where my friends and I cleaned the kitchen and packed peanut butter and jelly sandwiches for struggling men and women, most of them eager for employment.

This Christmas, I hope Trump-supporting Christians try to find compassion for people who are similarly suffering. I hope they open their Bible and reflect on James 2:14: “What good is it, my brothers and sisters, if someone claims to have faith but has no deeds? Can such faith save them?”

Thankfully, I know many Christians who resemble Jesus, investing their life to uplifting vulnerable people. Mr. Trump’s supporters should meet Sister Simone Campbell, who in 2012 organized Nuns on the Busto oppose the Paul Ryan-backed budget plan’s assault on social programs for the poor. They should join the Rev. William Barber II of North Carolina, who has revived the Rev. Dr. Martin Luther King Jr.’s Poor People’s Campaign to fight racism and income inequality. They should donate to Sister Norma Pimental of Catholic Charities of the Rio Grande Valley, which runs a “respite center” in McAllen, Tex.,offering food, clothes and shoes to people seeking asylum.

These are the kinds of Christians who I believe are following the lessons and footsteps of Jesus, the prophet I met and loved as a Muslim at a Catholic high school. This Christmas, I hope some of the Christians who support President Trump can meet him too.

Wajahat Ali is a playwright, lawyer and contributing opinion writer.

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

There’s no doubt that if Jesus were here today he’d be holed up with the migrants waiting on the Mexican side of our Southern Border for a chance at justice or whiling aways the hours in DHS detention. One place he’d never be found would be in the West Wing, Mar A Lago, or any far right Evangelical Church that preaches doctrines of exclusion, intolerance, and “beggar thy neighbor.”

And when his time came, Jesus, as a scruffy, unemployed, uneducated, single Palestinian male who led a ragtag band of similarly unemployed men and was considered to be a subversive by the authorities would be given short shrift by the U.S. system and returned to those who would torture and kill him.

Something to think about.

Merry Christmas/Happy Holidays

PWS

12-24-18

🎄👍😎

 

I WAS RIGHT (BARELY): CHIEF JUSTICE ROBERTS SAVES ASYLUM & RULE OF LAW — ADMINISTRATION’S REQUEST TO IMPLEMENT ORDER TRUNCATING ASYLUM LAW TURNED DOWN 5-4!

WASHINGTON — The Supreme Court on Friday refused to revive a Trump administration initiative barring migrants who enter the country illegally from seeking asylum.

The court was closely divided, with Chief Justice John G. Roberts Jr. joining the four-member liberal wing in turning down the administration’s request for a stay of a trial judge’s order blocking the program.

The court’s brief order gave no reasons for its action. Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh said they would have granted the stay.

In a proclamation issued on Nov. 9, President Trump barred migrants from applying for asylum unless they made the request at a legal checkpoint. Only those applying at a port of entry would be eligible, Mr. Trump said, invoking what he said were his national security powers to protect the nation’s borders.

Lower courts blocked the initiative, ruling that a federal law plainly allowed asylum applications from people who had entered the country unlawfully.

“Any alien who is physically present in the United States or who arrives in the United States,” the relevant federal statute says, may apply for asylum — “whether or not at a designated port of arrival.”

Judge Jon S. Tigar of the United States District Court in San Francisco issued a temporary restraining order blocking the initiative nationwide. “Whatever the scope of the president’s authority,” Judge Tigar wrote, “he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden.”

Mr. Trump attacked Judge Tigar, calling him an “Obama judge.” Chief Justice John G. Roberts Jr. took issue with the characterization, saying that federal judges apply the law without regard to the policies of the presidents who appointed them.

A divided three-judge panel of the United States Court of Appeals for the Ninth Circuit, in San Francisco, refused to stay Judge Tigar’s order. The majority opinion was written by Judge Jay S. Bybee, who was appointed by President George W. Bush.

“We are acutely aware of the crisis in the enforcement of our immigration laws,” Judge Bybee wrote. “The burden of dealing with these issues has fallen disproportionately on the courts of our circuit. And as much as we might be tempted to revise the law as we think wise, revision of the laws is left with the branch that enacted the laws in the first place — Congress.”

The Trump administration then urged the Supreme Court to issue a stay of Judge Tigar’s ruling, saying the president was authorized to address border security by imposing the new policy.

“The United States has experienced a surge in the number of aliens who enter the country unlawfully from Mexico and, if apprehended, claim asylum and remain in the country while the claim is adjudicated, with little prospect of actually being granted that discretionary relief,” Solicitor General Noel J. Francisco told the justices.

“The president, finding that this development encourages dangerous and illegal border crossings and undermines the integrity of the nation’s borders, determined that a temporary suspension of entry by aliens who fail to present themselves for inspection at a port of entry along the southern border is in the nation’s interest,” Mr. Francisco wrote.

The American Civil Liberties Union, representing groups challenging the policy, said Congress had made a different determination, one that only Congress can alter.

“After World War II and the horrors experienced by refugees who were turned away by the United States and elsewhere, Congress joined the international community in adopting standards for the treatment of those fleeing persecution,” lawyers with the A.C.L.U. wrote. “A key safeguard is the assurance, explicitly and unambiguously codified, that one fleeing persecution can seek asylum regardless of where, or how, he or she enters the country.

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

I had observed that attacking Federal Judges and dissing the Supremes and the Federal Courts as an institution was unlikely to help win the heart and mind of Chief Justice Roberts. Disturbingly, however, four of his colleagues appear to be ready and willing to hand the country over to Trump and Putin.

Stay well, RBG! The future of our American Republic depends on you and the your four colleagues who were willing to stand up for the rule of law against tyranny.

PWS

12-21-18

TRUMP THROWS TEMPER TANTRUM – THREATENS PARTIAL SHUTDOWN OF USG & ILLEGAL ACTIONS IF CONGRESS WON’T WASTE $5BILLION ON USELESS “WALL STUNT” – WILL ANOTHER OVAL OFFICE MELTDOWN FORESHADOW A “TRUMP SHUTDOWN?”

https://www.nytimes.com/2018/12/11/us/politics/trump-border-wall-government-shutdown.html?smprod=nytcore-ipad&smid=nytcore-ipad-share

 

Julie Hirshfield Davis and Michael Tackett report for the NY Times:

WASHINGTON — President Trump on Tuesday vowed to block full funding for the government if Democrats refuse to embrace his demand for a border wall, saying he was “proud to shut down the government for border security” in an extraordinarily public altercation with Democratic congressional leaders at the White House.

“If we don’t have border security, we’ll shut down the government — this country needs border security,” Mr. Trump declared in the Oval Office, engaging in a testy back-and-forth with Senator Chuck Schumer of New York and Representative Nancy Pelosi of California, even as they repeatedly asked him to keep their negotiating disputes private.

“It’s not bad, Nancy; it’s called transparency,” Mr. Trump snapped after one such interjection by Ms. Pelosi, who appeared to trigger the president’s temper when she raised the prospect of a “Trump shutdown” over what she characterized as an ineffective and wasteful wall.

“The American people recognize that we must keep government open, that a shutdown is not worth anything, and that we should not have a Trump shutdown,” Ms. Pelosi said.

. . . .

Mr. Trump had begun the day appearing to soften his stance somewhat on the wall. In a series of morning tweets, he falsely stated that substantial sections of the “Great Wall” on the southwestern border that he has long championed have already been completed, and he suggested that his administration could continue construction whether Democrats fund it or not.

That would be illegal, but it suggested that he was looking for a way to keep the government funded past Dec. 21, even if Democrats balk at wall funding.

. . . .

“People do not yet realize how much of the Wall, including really effective renovation, has already been built,” Mr. Trump wrote in one of the messages. “If the Democrats do not give us the votes to secure our Country, the Military will build the remaining sections of the Wall. They know how important it is!”

. . . .

It was not clear what Mr. Trump was referring to. American troops he dispatched to the border on the eve of midterm congressional elections as part of what the president called an effort to head off a migrant “invasion” have put up concertina wire along existing fences and barriers, but the administration has yet to spend much of the $1.3 billion Congress approved for border security last year. Under restrictions put in place by Congress, none of that money could be used to construct a new, concrete wall of the sort the president has said is vital.

The president does not have the legal authority to spend money appropriated for one purpose on another task, such as wall-building.

In a joint statement on Monday night, Mr. Schumer and Ms. Pelosi warned that the country could not afford a “Trump Shutdown.”

. . . .

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

Read the rest of Julie’s and Mike’s report at the above link.

“Duh,” walls as an effective means of national security went out of vogue about the beginning of the fifth century CE. But, of course, you would have to understand something about history to know how useless walls currently are as a defensive mechanism (as opposed to one for keeping subjugated people “in” like the Berlin Wall). Ironically, some of the same folks who cheered the destruction of the Berlin Wall idiotically cheer for “Trump’s Folly.”

While a wall might kill some more migrants and force smugglers to change routes and raise fees accordingly, in terms of border security it’s a classic case of “good money after bad.” Indeed, the Government would do well to stop treating refugees and other would be migrants as “criminals” to instead concentrate on stopping drug smugglers, human traffickers, terrorists, and fraudsters who actually mean to do our country harm, rather than coming in to pick our crops, make our food, build our houses, care for our sick, elderly, and children etc.

Totally contrary to Trump’s false narrative, most of those arriving at our Southern Border by “caravan” these days are not threats to the U.S. At worst, some are desperate individuals who probably face some real dangers in their home countries but don’t fit our rather arcane, restrictive, and unduly legalistic applications of refugee and asylum laws. The ones who belong should be screened, let in, and assimilated. The ones who don’t, after having a fair opportunity to present their claims for refuge, should be returned in a humane and respectful manner.

Yes, there appears to be a very small number of “bad guys” who have “infiltrated” the caravans, probably as much to prey on the vulnerable migrants as to reach the U.S. The current system appears more than adequate to identify these individuals and block their entry or promptly remove them. And, the system could and would work even better if the Administration separated border security functions from asylum adjudication functions. But, that might not provide “red meat” to a political base.

So, perhaps we can look forward to a “Trump Shutdown” over “Trump’s Folly!”

PWS

 

FEAR & LOATHING IN THE WHITE HOUSE — Trump Is The “Anti-FDR”

https://www.nytimes.com/2018/11/28/opinion/trump-the-monster-who-feeds-on-fear.html

Jennifer Finney Boylan in the NY Times:

It took Donald Trump to make me associate Franklin Roosevelt with Pennywise the Dancing Clown.

It was Roosevelt, of course, who, in his first inaugural address, said that “the only thing we have to fear is fear itself.” That remarkable speech, delivered before Congress on March 4, 1933, is worth revisiting, and not least for the dignity of its rhetoric. The speech outlined the strategy with which Roosevelt would combat the Great Depression; its hope was to inspire, to bring people together and above all, to reassure the nation that we would “revive and prosper.”

The primary obstacle to this restoration was not economics but fear: “nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance.” A key strategy for conquering that fear, he went on, is speaking with candor: “This is pre-eminently the time to speak the truth, the whole truth, frankly and boldly.”

If, 85 years later, you wanted to imagine the presidency of Mr. Trump in a nutshell, simply take all of the generousness and wisdom in Roosevelt’s first inaugural address and do the opposite.

The only thing Mr. Trump has is fear itself.

He wants us to be afraid, for it is fear that divides us, that sets us one against the other. If there is anything frank and bold about this presidency, it is Mr. Trump’s ability to invent falsehoods out of fairy dust and marzipan, solely to make us afraid — of immigrants, of transgender people, of one another.

It doesn’t matter to him that most of the things he urges us to be afraid of pose no danger. What matters is that his paranoid inventions suck up our attention and make us focus, week after week, upon him.

Those of us in the media devote endless hours to refuting the latest barrage of hooey emanating from the White House. But even in this, we’re still amplifying his noise and nurturing, even in the process of refutation, the fear on which the man thrives.

All of which makes covering this White House very difficult indeed. When Jim Acosta’s press credentials were suspended recently, the British journalist Jane Merrick suggested a mass boycott of the briefings. But as Masha Gessen in The New Yorker observed, this action “would mean walking away from politics altogether, which, for journalists, would be an abdication of responsibility.”

So we can’t ignore him, and we can’t report on him without engaging in his game. In so many ways we’re trapped — which is, one suspects, exactly what this president wants.

There’s a well-worn trope in horror fiction about the Monster Who Feeds on Fear. These are creatures or forces who thrive on negative emotions and whose power over you is in direct proportion to the terror they can generate: Vincent Price’s “The Tingler”; the Scarecrow character in the Batman franchise; Marvel Comics’ Mister Fear; the Dark Side in “Star Wars.”

The most fully imagined of these monsters, in my opinion, is Stephen King’s Pennywise the Dancing Clown in the novel “IT,” who prefers above all to devour children, because their fears are the easiest to manipulate. It’s a process he compares to “salting the meat.”

If this were a horror movie, our heroes would understand that the only way to defeat the monster is by refusing to be afraid of it, to shrink it through indifference.

This being reality, though, that path is really not available to us — either as journalists or as citizens. Try as we might, we cannot ignore the president of the United States.

But we still have options.

One of them is legal action. PEN America — the advocacy group promoting free expression worldwide (and on whose board I serve) — filed suit this fall in federal court to stop President Trump from using the machinery of government to retaliate or threaten reprisals against journalists and media outlets for coverage he dislikes. There is other legal action pending against Mr. Trump and his administration as well, including whatever emerges from the Mueller investigation.

These actions will give this president ample reason to feel some of the fear he has inflicted on others.

The other strategy is the one thing that Mr. Trump appears to fear most, for it is the one thing that all his riches and power have apparently never brought him. And that thing is a sense of humor.

In J.K. Rowling’s “Harry Potter” stories, one of the most terrible creatures our young heroes can face is the boggart — a creature that feeds on fear. A boggart takes the form of whatever it is you fear the most. Harry sees a wraithlike creature called a Dementor; Ron Weasley sees a giant spider; Neville Longbottom sees the cruel and mysterious Professor Snape.

These apparitions are not dispelled through violence, or cruelty, or by building a giant wall. In the genius of Ms. Rowling’s imagination, they are vanquished with a charm called “Riddikulus,” which turns the boggart into an object of derision. In the wake of this charm, Ron’s spider winds up on roller skates; Neville’s Snape finds itself in his grandmother’s pajamas.

It’s no coincidence that this president is famous for having no sense of humor. It is comedy, above all, that peels the masks off liars and reveals the truth — the virtue that Roosevelt deemed most necessary to convert retreat into advance.

Want to conquer fear? Tell better jokes — and not the easy kind, salted with cruelty and malice, but the more complex, generous and fundamentally American variety, as pioneered by Mark Twain, or Richard Pryor, or Lily Tomlin.

Let the rule of law, the power of truth and the subversion of humor vanquish this boggart for good. In so doing we shall assert our firm belief: The only thing we have to fear is Trump himself.

Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.

Correction: 

An earlier version of this article misstated the surname of the writer of a New Yorker article on White House press briefings. She is Masha Gessen, not Masha Green.

Jennifer Finney Boylan, a contributing opinion writer, is a professor of English at Barnard College and the author of the novel “Long Black Veil.” @JennyBoylan

A version of this article appears in print on , on Page A27 of the New York edition with the headline: A Monster Who Feeds On Fear. Order Reprints | Today’s Paper ******************
A small man with a small mind and the heart of a coward. The thing he hates the most is when the rest of us stand up to, expose, and challenge his lies, false narratives, and constant bullying of the most vulnerable among us.
PWS
11-30-18

SCOFFLAWS OUTED AGAIN: U.S. DISTRICT JUDGE BLOCKS TRUMP’S ILLEGAL ATTACK ON ASYLUM LAW: ORDERS PROCESSING OF ALL WHO APPLY TO RESUME! — “Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden!”

https://www.nytimes.com/2018/11/20/us/judge-denies-trump-asylum-policy.html?action=click&module=Top%20Stories&pgtype=Homepage

Miriam Jordan reports for the NY Times:

LOS ANGELES — A federal judge on Monday ordered the Trump administration to resume accepting asylum claims from migrants no matter where or how they entered the United States, dealing at least a temporary setback to the president’s attempt to clamp down on a huge wave of Central Americans crossing the border.

Judge Jon S. Tigar of the United States District Court in San Francisco issued a temporary restraining order that blocks the government from carrying out a new rule that denies protections to people who enter the country illegally. The order, which suspends the rule until the case is decided by the court, applies nationally.

“Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Mr. Tigar wrote in his order.

As a caravan of several thousand people journeyed toward the Southwest border, President Trump signed a proclamation on Nov. 9 that banned migrants from applying for asylum if they failed to make the request at a legal checkpoint. Only those who entered the country through a port of entry would be eligible, he said, invoking national security powers to protect the integrity of the United States borders.

Within days, the administration submitted a rule to the federal registry, letting it go into effect immediately and without the customary period for public comment.

But the rule overhauled longstanding asylum laws that ensure people fleeing persecution can seek safety in the United States, regardless of how they entered the country. Advocacy groups, including the Southern Poverty Law Center and the American Civil Liberties Union, swiftly sued the administration for effectively introducing what they deemed an asylum ban.

The advocacy groups accused the government of “violating Congress’s clear command that manner of entry cannot constitute a categorical asylum bar” in their complaint. They also said the administration had violated federal guidelines by not allowing public comment on the rule.

But Trump administration officials defended the regulatory change, arguing that the president was responding to a surge in migrants seeking asylum based on frivolous claims, which ultimately lead their cases to be denied by an immigration judge. The migrants then ignore any orders to leave, and remain unlawfully in the country.

”The president has sought to halt this dangerous and illegal practice and regain control of the border,” government lawyers said in court filings.

Mr. Trump, who had made stanching illegal immigration a top priority since his days on the campaign trail, has made no secret of his frustration over the swelling number of migrants heading to the United States. The president ordered more than 5,000 active-duty troops to the border to prevent the migrants from entering.

The new rule was widely regarded as an effort to deter Central Americans, many of whom request asylum once they reach the United States, often without inspection, from making the journey over land from their countries to the border.

United States immigration laws stipulate that foreigners who touch American soil are eligible to apply for asylum. They cannot be deported immediately. They are eligible to have a so-called credible fear interview with an asylum officer, a cursory screening that the overwhelming majority of applicants pass. As result, most of the migrants are released with a date to appear in court.

In recent years, more and more migrants have availed of the asylum process, often after entering the United States illegally. A record 23,121 migrants traveling as families were detained at the border in October. Many of the families turn themselves in to the Border Patrol rather than queue up to request asylum at a port of entry.

The Trump administration believes the migrants are exploiting asylum laws to immigrate illegally to the United States. Soaring arrivals have exacerbated a huge backlog of pending cases in the immigration courts, which recently broke the one-million mark. Many migrants skip their court dates, only to remain illegally in the country, which Mr. Trump derides as “catch and release.”

But advocates argue that many migrants are victims of violence or persecution and are entitled to seek sanctuary. Gangs are ubiquitous across El Salvador, Honduras and Guatemala, where lawlessness and corruption enable them to kill with impunity.

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

Entirely predictable. “Many of the families turn themselves in to the Border Patrol rather than queue up to request asylum at a port of entry.”

Why aren’t ethical requirements being enforced on Government lawyers who present and defend these clearly frivolous positions in court?  Knowingly and intentionally depriving individuals of statutory, civil, and constitutional rights, while tying up Federal Judges and other “officers of the court” on frivolous political stunts directed at harming individuals on the basis of race and nationality must, at some point, be deterred!

These are not criminal proceedings, and the Administration is not entitled to a “presumption of innocence” for its lawless actions. At some point, ethical lawyers have an obligation “not to serve” a lawless Administration and to publicly disclose and oppose the Administration’s intentionally illegal actions and intentional wrongdoing aimed at migrants and communities of color in the U.S.  “Job security” doesn’t entitle Government employees, let alone those who also are members of the bar, to violate their oaths to uphold the Constitution.

And no, no matter how much the GOP appointees might want to do so, the Supremes can’t authorize the President to rewrite the clear terms of the law at his whim.

PWS

11-20-18

NY TIMES: David J. Bier @ CATO Tells How Trump is Skirting Congress & The Law To Destroy Legal Immigration & Darken The Future Of America!

https://www.nytimes.com/2018/11/15/opinion/trump-legal-immigrants-reject.html

David J. Bier writes in the NY Times:

At his postelection news conference, President Trump said of immigrants traveling to the United States, “I want them to come into the country, but they need to come in legally.” Yet newly released government data show that so far in 2018, the Trump administration is denying applications submitted to the United States Citizenship and Immigration Services at a rate 37 percent higher than the Obama administration did in 2016.

This makes no sense: Depriving immigrants of legal immigration options works against the president’s stated goal of increasing economic growth.

A new analysis for the Cato Institute has found that the Department of Homeland Security rejected 11.3 percent of requests to the immigration agency, which include those for work permits, travel documents and status applications, based on family reunification, employment and other grounds, in the first nine months of 2018. This is the highest rate of denial on record and means that by the end of the year, the United States government will have rejected around 620,000 people — about 155,000 more than in 2016.

This increase in denials cannot be credited to an overall rise in applications. In fact, the total number of applications so far this year is 2 percent lower than in 2016. It could be that the higher denial rate is also discouraging some people from applying at all.

In 2018, the D.H.S. turned away 10 percent of applicants for employment authorization documents compared with 6 percent in 2016, and it rejected applications for advanced parole — which gives temporary residents the authorization to travel internationally and return — at a clip of 18 percent, more than doubling the rate in 2016. Even skilled workers are being rejected at higher rates. The denial rate for petitions for temporary foreign workers shot to 23 percent from 17 percent. The application for permanent workers saw denials rise to 9 percent from 6 percent.

The largest increase in the denial rate for family-sponsored applications, for petitions for fiancés, rose to 21 percent from 14 percent.

Greg Siskind, a Memphis-based immigration attorney with three decades of experience, told me that these numbers back up the anecdotes that he has been hearing from colleagues across the country. The increase in denials, he said, is “significant enough to make one think that Congress must have passed legislation changing the requirements. But we know they have not.”

So what is going on?

Last year, the Trump administration increased the length of immigration applications by double, triple or even more, making them more time-consuming and complicated than ever. This made mistakes far more likely. This year, it also made it easier to deny applicants outright without giving them an opportunity to submit clarifying information. The agency has also made moves to police caseworkers who may be, in its view, too lenient.

Mr. Trump’s political appointees to the D.H.S. have also seized on his rhetorical attacks on immigrants, as well as executive orders like the “Buy American and Hire American” order and another mandating extensive vetting of foreigners, as a justification for a crackdown on legal immigration.

As a result of all this, total immigration to the United States has declined under President Trump, and fewer foreign travelers have been entering the country. These trends are surprising, because the economies of the United States and almost all other countries are growing, which usually generates more travel and immigration. The best explanation for this discrepancy is that the president’s policies are having their intended effect: reducing legal immigration to this country.

This is happening at a time when there are more job openings than job seekers in the United States. This month, Federal Reserve Chairman Jay Powell stated that fewer immigrants and foreign workers would slow economic growth by limiting the ability of businesses to expand.

On some level, President Trump appears to understand this reality, but his policies are making the situation worse.

David J. Bier is a policy analyst at the Cato Institute.

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

The answer is actually pretty simple, David. Trump lies, particularly when he repeats the racist restrictionist disingenuous claim that he “just wants legal immigrants.” I call BS! His pejorative use of the term “chain migration” and his bogus proposals for a fake “merit based” (read “no”) immigration system clearly belies any such claim.

In addition to being a congenital liar and proudly ignorant in an intellectual sense, Trump is a White Nationalist racist who hates all immigrants except, perhaps, his current wife and a few White Christian guys from Europe with PhDs. (Although, he really doesn’t like Europeans, Canadians, or any other type of “foreigner” who isn’t a human rights violating despot, leading to the conclusion that he truly despises human rights of any kind.)

His policies are driven by a toxic combination of intentional ignorance, hatred, White Nationalism, and political opportunism. You don’t have to be a rocket scientist to know that policies driven by such evil and irrational motives are going to produce irrational and highly counterproductive results.

Welcome to the Age of Trump & His GOP, David! Where’ve you been? What have you and your colleagues at CATO been doing to insure that Trump and the GOP are sent packing and replaced with leaders (e.g., Democrats, at least at present) who both understand and are willing to stand up for the national interest?

CATO is supported to a large extent by the Koch Bros. While I actually agree with some of their ideas, respect that they actually employ folks producing useful goods and apparently treat them reasonably well, and I occasionally attend CATO seminars, the “Bros” generally have been supporters and enablers of Trump, Pence, and the current GOP kakistocracy.

They helped prop up the truly reprehensible Scott Walker who wasted money, divided Wisconsin, demeaned education, tanked the infrastructure, screwed the environment, and diminished the state in almost every way. It turned what had been a fairly progressive, “midwest friendly,” and cooperative state into a leader in the “race to the bottom.” And, their support for the ugly and unprincipled opposition to Senator Tammy Baldwin was beyond despicable!

I think you and your CATO colleagues largely see where history is going. But, until you get out there and actively work for the Constitutional removal of Trump (and his toady Mike Pence), the defeat of the “Trump GOP,” and the return of “government for all the people” you will remain on the “wrong side of history.” Your dream of an economically prosperous and powerful America continuing to lead the world into the future will be just that — a dream that will never be fulfilled as long as racism and White Nationalism overrule reason!

America needs a two party system (or more). And, I believe there’s plenty of room and a need for a fiscally conservative, pro business, labor friendly, non-racist, non-White-Nationalist, non-homophobic party that challenges the idea that we can solve all problems by just throwing money at them. Not saying I’d join it, but I can see the need for it. But, the current GOP is nothing of the sort — talk about disingenuous rhetoric and total fiscal irresponsibility!

PWS

11-16-18

 

ACTING AG MATT WHITAKER IS AN UNQUALIFIED, UNETHICAL, UNCONFIRMED TRUMP SYCOPHANT, MAKING HIM A WORTHY SUCCESSOR TO JEFF “GONZO APOCALYPTO” SESSIONS — But, Neal Katyal and George Conway Say He’s Also Serving Illegally – What Effect Could That Have On Removal Orders (& “Precedents”) Issued During His Tenure?

https://www.nytimes.com/2018/11/08/opinion/trump-attorney-general-sessions-unconstitutional.html

Katyal (former Acting Solicitor General) and Conway (Husband of Kelleyanne Conway) write in the NY Times:

What now seems an eternity ago, the conservative law professor Steven Calabresi published an op-ed in The Wall Street Journal in May arguing that Robert Mueller’s appointment as special counsel was unconstitutional. His article got a lot of attention, and it wasn’t long before President Trump picked up the argument, tweeting that “the Appointment of the Special Counsel is totally UNCONSTITUTIONAL!”

Professor Calabresi’s article was based on the Appointments Clause of the Constitution, Article II, Section 2, Clause 2. Under that provision, so-called principal officers of the United States must be nominated by the president and confirmed by the Senate under its “Advice and Consent” powers.

He argued that Mr. Mueller was a principal officer because he is exercising significant law enforcement authority and that since he has not been confirmed by the Senate, his appointment was unconstitutional. As one of us argued at the time, he was wrong. What makes an officer a principal officer is that he or she reports only to the president. No one else in government is that person’s boss. But Mr. Mueller reports to Rod Rosenstein, the deputy attorney general. So, Mr. Mueller is what is known as an inferior officer, not a principal one, and his appointment without Senate approval was valid.

But Professor Calabresi and Mr. Trump were right about the core principle. A principal officer must be confirmed by the Senate. And that has a very significant consequence today.

It means that Mr. Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid.

Much of the commentary about Mr. Whitaker’s appointment has focused on all sorts of technical points about the Vacancies Reform Act and Justice Department succession statutes. But the flaw in the appointment of Mr. Whitaker, who was Mr. Sessions’s chief of staff at the Justice Department, runs much deeper. It defies one of the explicit checks and balances set out in the Constitution, a provision designed to protect us all against the centralization of government power.

If you don’t believe us, then take it from Supreme Court Justice Clarence Thomas, whom Mr. Trump once called his “favorite” sitting justice. Last year, the Supreme Court examined the question of whether the general counsel of the National Labor Relations Board had been lawfully appointed to his job without Senate confirmation. The Supreme Court held the appointment invalid on a statutory ground.

Justice Thomas agreed with the judgment, but wrote separately to emphasize that even if the statute had allowed the appointment, the Constitution’s Appointments Clause would not have. The officer in question was a principal officer, he concluded. And the public interest protected by the Appointments Clause was a critical one: The Constitution’s drafters, Justice Thomas argued, “recognized the serious risk for abuse and corruption posed by permitting one person to fill every office in the government.” Which is why, he pointed out, the framers provided for advice and consent of the Senate.

What goes for a mere lawyer at the N.L.R.B. goes in spades for the attorney general of the United States, the head of the Justice Department and one of the most important people in the federal government. It is one thing to appoint an acting underling, like an acting solicitor general, a post one of us held. But those officials are always supervised by higher-ups; in the case of the solicitor general, by the attorney general and deputy attorney general, both confirmed by the Senate.

Mr. Whitaker has not been named to some junior post one or two levels below the Justice Department’s top job. He has now been vested with the law enforcement authority of the entire United States government, including the power to supervise Senate-confirmed officials like the deputy attorney general, the solicitor general and all United States attorneys.

We cannot tolerate such an evasion of the Constitution’s very explicit, textually precise design. Senate confirmation exists for a simple, and good, reason. Constitutionally, Matthew Whitaker is a nobody. His job as Mr. Sessions’s chief of staff did not require Senate confirmation. (Yes, he was confirmed as a federal prosecutor in Iowa, in 2004, but Mr. Trump can’t cut and paste that old, lapsed confirmation to today.) For the president to install Mr. Whitaker as our chief law enforcement officer is to betray the entire structure of our charter document.

Related
Another view on the legality of Whitaker’s appointment
Opinion | Stephen I. Vladeck
Whitaker May Be a Bad Choice, but He’s a Legal One

In times of crisis, interim appointments need to be made. Cabinet officials die, and wars and other tragic events occur. It is very difficult to see how the current situation comports with those situations. And even if it did, there are officials readily at hand, including the deputy attorney general and the solicitor general, who were nominated by Mr. Trump and confirmed by the Senate. Either could step in as acting attorney general, both constitutionally and statutorily.

Because Mr. Whitaker has not undergone the process of Senate confirmation, there has been no mechanism for scrutinizing whether he has the character and ability to evenhandedly enforce the law in a position of such grave responsibility. The public is entitled to that assurance, especially since Mr. Whitaker’s only supervisor is Mr. Trump himself, and the president is hopelessly compromised by the Mueller investigation. That is why adherence to the requirements of the Appointments Clause is so important here, and always.

As we wrote last week, the Constitution is a bipartisan document, written for the ages to guard against wrongdoing by officials of any party. Mr. Whitaker’s installation makes a mockery of our Constitution and our founders’ ideals. As Justice Thomas’s opinion in the N.L.R.B. case reminds us, the Constitution’s framers “had lived under a form of government that permitted arbitrary governmental acts to go unchecked.” He added “they knew that liberty could be preserved only by ensuring that the powers of government would never be consolidated in one body.”

We must heed those words today.

Neal K. Katyal (@neal_katyal) was an acting solicitor general under President Barack Obama and is a lawyer at Hogan Lovells in Washington. George T. Conway III(@gtconway3d) is a litigator at Wachtell, Lipton, Rosen & Katz in New York.

Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.

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

Of course, not everyone agrees with Conway and Katyal. But, no matter how you slice it, the appointment of the obviously unqualified political hack Whitaker and his acceptance of the job notwithstanding his ethical conflicts and lack of qualifications is just another step in the total destruction of the US Department of Justice and the “Clowning of America!”

For that, both Trump and Whitaker get the coveted “Courtside Five Clown Award” (Trump winning for the second time this week!)

🤡🤡🤡🤡🤡

PWS

11-09-18

 

RECREATING 1939: Led By Trump’s Brand Of Selfish “It’s All About Me” Racially Charged Nationalism, Prosperous Western Democracies Are Abandoning Their Legal & Moral Commitments To Refugees! – Are We On The Verge Of A “New Holocaust” While The Free Word Looks Inward? — “[M]illions of people displaced by war or persecution will have to go without the protections once promised by a world that had agreed ‘never again.'”

https://www.nytimes.com/2018/11/02/world/europe/trump-asylum.html

Max Fisher and Amanda Taub in the NY Times:

LONDON — President Trump’s promise to stop a caravan of Central American migrants from reaching the United States border, if necessary through military force, might seem like just another effort by the president to unilaterally dismantle international laws and accepted practices.

But there is one important difference between this and Mr. Trump’s go-it-alone defiance of climate change agreements, trade deals or arms control treaties. In attacking the long accepted means of protecting refugees and upholding stability in times of mass displacement, he’s got company. Lots and lots of company.

There is no shortage of countries that also skirt, and therefore undermine, global refugee rules. The European Union and Australia are two of the biggest offenders. Peru and Ecuador are restricting Venezuelan refugees, while Tanzania is working to push out Burundians.

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Stateless Rohingya migrants passing food supplies dropped by a Thai Army helicopter to others on a boat drifting in Thai waters in the Andaman Sea in 2015.CreditChristophe Archambault/Agence France-Presse — Getty Images

In 2015, as Rohingya refugees fled Myanmar on overcrowded boats, the governments of Indonesia, Malaysia and Thailand — in a move that might make even Mr. Trump blush — pushed the boats out to sea, stranding them, to prevent them from reaching safe shores.

Still, countries tend to hide their violations by presenting themselves as following the letter of the law, or by dressing up anti-refugee measures in humanitarian terms. But Mr. Trump is selling his harsh treatment of asylum-seekers as deliberate. And even if he is not the first to breach the rules, he is contributing to their breakdown in ways that could have global consequences.

“The more brazen you get, like Trump, and the more frequent you get, you can easily imagine a norm being completely torn down,” said Stephanie Schwartz, a migration expert at the University of Pennsylvania, who added that Mr. Trump was “taking an ax” to “one of the strongest norms we’ve got in international law” — the right of a refugee to seek asylum.

To consider how that would happen and what it would mean, it helps to understand the basics of asylum and how Mr. Trump fits into its erosion.

. . . .

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Read the complete article at the link for a clear understanding of how refugee and asylum law is supposed to work and how immoral scofflaws like Trump, Sessions, and Miller are intentionally perverting and subverting it to satisfy their racist White Nationalist agenda.

Their final paragraph should send chills down the spine of every decent human being

The resurgence of populist and nationalist politics also bodes poorly. Us-vs-them movements, skeptical of international agreements and immigration, have little interest in asylum’s foundational concepts of global burden-sharing or universal rights.

If asylum rights were declining even in the era of sunny 1990s global liberalism, it is hard to imagine their doing much better in the era of Donald J. Trump, Viktor Orban and Vladimir V. Putin.

“It takes a really, really long time to build these norms, especially when they restrict government actions in some way,” Ms. Schwartz said. “It’s so much easier to take them down.”

If that happens, the consequences will be most felt far away from the United States-Mexico border, in places like Honduras, Myanmar, Jordan or Burundi, where millions of people displaced by war or persecution will have to go without the protections once promised by a world that had agreed “never again.”

PWS

11-03-18

APPROXIMATELY 700,000 TRANSGENDER HUMAN BEINGS LIVE IN THE U.S. – The Trump Administration Seeks To “Define” Them Out Of Existence!

https://www.nytimes.com/2018/10/21/us/politics/transgender-trump-administration-sex-definition.html

Erica L. Green, Katie Benner and Robert Pear report for the NY Times:

WASHINGTON — The Trump administration is considering narrowly defining gender as a biological, immutable condition determined by genitalia at birth, the most drastic move yet in a governmentwide effort to roll back recognition and protections of transgender people under federal civil rights law.

A series of decisions by the Obama administration loosened the legal concept of gender in federal programs, including in education and health care, recognizing gender largely as an individual’s choice and not determined by the sex assigned at birth. The policy prompted fights over bathrooms, dormitories, single-sex programs and other arenas where gender was once seen as a simple concept. Conservatives, especially evangelical Christians, were incensed.

Now the Department of Health and Human Services is spearheading an effort to establish a legal definition of sex under Title IX, the federal civil rights law that bans gender discrimination in education programs that receive government financial assistance, according to a memo obtained by The New York Times.

The department argued in its memo that key government agencies needed to adopt an explicit and uniform definition of gender as determined “on a biological basis that is clear, grounded in science, objective and administrable.” The agency’s proposed definition would define sex as either male or female, unchangeable, and determined by the genitals that a person is born with, according to a draft reviewed by The Times. Any dispute about one’s sex would have to be clarified using genetic testing.

“Sex means a person’s status as male or female based on immutable biological traits identifiable by or before birth,” the department proposed in the memo, which was drafted and has been circulating since last spring. “The sex listed on a person’s birth certificate, as originally issued, shall constitute definitive proof of a person’s sex unless rebutted by reliable genetic evidence.”

The new definition would essentially eradicate federal recognition of the estimated 1.4 million Americans who have opted to recognize themselves — surgically or otherwise — as a gender other than the one they were born into.

“This takes a position that what the medical community understands about their patients — what people understand about themselves — is irrelevant because the government disagrees,” said Catherine E. Lhamon, who led the Education Department’s Office for Civil Rights in the Obama administration and helped write transgender guidance that is being undone.

The move would be the most significant of a series of maneuvers, large and small, to exclude the population from civil rights protections and roll back the Obama administration’s more fluid recognition of gender identity. The Trump administration has sought to bar transgender people from serving in the military and has legally challenged civil rights protections for the group embedded in the nation’s health care law.

Several agencies have withdrawn Obama-era policies that recognized gender identity in schools, prisons and homeless shelters. The administration even tried to remove questions about gender identity from a 2020 census survey and a national survey of elderly citizens.

For the last year, the Department of Health and Human Services has privately argued that the term “sex” was never meant to include gender identity or even homosexuality, and that the lack of clarity allowed the Obama administration to wrongfully extend civil rights protections to people who should not have them.

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, now at the Department of Health and Human Services, was among the conservatives who blanched at the Obama administration’s expansion of sex to include gender identity.CreditAaron P. Bernstein/Getty Images

Roger Severino, the director of the Office for Civil Rights at the department, declined to answer detailed questions about the memo or his role in interagency discussions about how to revise the definition of sex under Title IX.

But officials at the department confirmed that their push to limit the definition of sex for the purpose of federal civil rights laws resulted from their own reading of the laws and from a court decision.

Mr. Severino, while serving as the head of the DeVos Center for Religion and Civil Society at the Heritage Foundation, was among the conservatives who blanched at the Obama administration’s expansion of sex to include gender identity, which he called “radical gender ideology.”

In one commentary piece, he called the policies a “culmination of a series of unilateral, and frequently lawless, administration attempts to impose a new definition of what it means to be a man or a woman on the entire nation.”

“Transgender people are frightened,” said Sarah Warbelow, the legal director of the Human Rights Campaign, which presses for the rights of lesbian, gay, bisexual and transgender people. “At every step where the administration has had the choice, they’ve opted to turn their back on transgender people.” After this article was published online, transgender people took to social media to post photographs of themselves with the hashtag #WontBeErased

The Department of Health and Human Services has called on the “Big Four” agencies that enforce some part of Title IX — the Departments of Education, Justice, Health and Human Services, and Labor — to adopt its definition in regulations that will establish uniformity in the government and increase the likelihood that courts will accept it.

The definition is integral to two proposed rules currently under review at the White House: One from the Education Department deals with complaints of sex discrimination at schools and colleges receiving federal financial assistance; the other, from health and human services, deals with health programs and activities that receive federal funds or subsidies. Both regulations are expected to be released this fall, and would then be open for public comment, typically for 60 days. The agencies would consider the comments before issuing final rules with the force of law — both of which could include the new gender definition.

Civil rights groups have been meeting with federal officials in recent weeks to argue against the proposed definition, which has divided career and political appointees across the administration. Some officials hope that health and human services will at least rein in the most extreme parts, such as the call for genetic testing to determine sex.

After more than a year of discussions, health and human services is preparing to formally present the new definition to the Justice Department before the end of the year, Trump administration officials say. If the Justice Department decides that the change is legal, the new definition can be approved and enforced in Title IX statutes, and across government agencies.

The Justice Department declined to comment on the draft health and human services proposal. The Justice Department has not yet been asked to render a formal legal opinion, according to an official there who was not authorized to speak about the process.

But Attorney General Jeff Sessions’s previous decisions on transgender protections have given civil rights advocates little hope that the department will prevent the new definition from being enforced. The proposal appears consistent with the position he took in an October 2017 memo sent to agencies clarifying that the civil rights law that prohibits job discrimination does not cover “gender identity, per se.”

Harper Jean Tobin, the policy director of the National Center for Transgender Equality, an advocacy group, called the maneuvering “an extremely aggressive legal position that is inconsistent with dozens of federal court decisions.”

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A transgender flag outside a bar in Brooklyn. The agency’s proposed definition would define sex as either male or female, unchangeable, and determined by the genitals that a person is born with.CreditAnnie Tritt for The New York Times

Health and human services officials said they were only abiding by court orders, referring to the rulings of Judge Reed O’Connor of the Federal District Court in Fort Worth, Tex., a George W. Bush appointee who has held that “Congress did not understand ‘sex’ to include ‘gender identity.’”

A 2016 ruling by Judge O’Connor concerned a rule that was adopted to carry out a civil rights statute embedded in the Affordable Care Act. The provision prohibits discrimination based on race, color, national origin, sex, age or disability in “any health program or activity” that receives federal financial assistance.

But in recent discussions with the administration, civil rights groups, including Lambda Legal, have pointed to other court cases. In a legal memo presented to the administration, a coalition of civil rights groups wrote, “The overwhelming majority of courts to address the question since the most relevant Supreme Court precedent in 1998 have held that antitransgender bias constitutes sex discrimination under federal laws like Title IX.”

Indeed, the health and human services proposal was prompted, in part, by pro-transgender court decisions in the last year that upheld the Obama administration’s position.

In their memo, health and human services officials wrote that “courts and plaintiffs are racing to get decisions” ahead of any rule-making, because of the lack of a stand-alone definition.

“Courts and the previous administration took advantage of this circumstance to include gender identity and sexual orientation in a multitude of agencies, and under a multitude of laws,” the memo states. Doing so “led to confusion and negative policy consequences in health care, education and other federal contexts.”

The narrower definition would be acutely felt in schools and their most visible battlegrounds: locker rooms and bathrooms.

One of the Trump administration’s first decisive policy acts was the rescission by the Education and Justice Departments of Obama-era guidelines that protected transgender students who wanted to use bathrooms that correspond to their gender identity.

Since the guidance was rescinded, the Education Department’s Office for Civil Rights has halted and dismissed discrimination cases filed by transgender students over access to school facilities. A restrictive governmentwide definition would cement the Education Department’s current approach.

But it would also raise new questions.

The department would have to decide what documentation schools would be required to collect to determine or codify gender. Title IX applies to a number of educational experiences, like sports and single-sex classes or programs where gender identity has come into play. The department has said it will continue to open cases where transgender students face discrimination, bullying and harassment, and investigate gender-based harassment as “unwelcome conduct based on a student’s sex” or “harassing conduct based on a student’s failure to conform to sex stereotypes.”

The Education Department did not respond to an inquiry about the health and human services proposal.

Ms. Lhamon of the Obama Education Department said the proposed definition “quite simply negates the humanity of people.”

A version of this article appears in print on of the New York edition with the headline: Trump May Limit How Government Defines One’s Sex. Order Reprints | Today’s Paper | Subscribe
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Historical footnote:  At one point in our “respective prior incarnations,” circa late 1970s, early 1980s, Robert Pear was the “immigration beat” reporter for the NY Times, and I was the Deputy General Counsel at the “Legacy INS.”  I was sometimes asked by the Commissioner and the Public Information Office to respond to Robert’s telephonic inquiries. Smart, knowledgeable, incisive, and a “straight shooter” was how I would have described him in those days.
Moving on, I had a number of transgender individuals appear before me in Immigration Court. Almost all of them had been damaged by rejection, abuse, intentional cruelty, and humiliation inflicted by family, governments, teachers, and other community members who should  have known better. The majority had either attempted suicide or admitted to having suicidal impulses. Yet, many appeared to have found the courage and determination to persevere.
Sadly, the attempt to deny the legal existence and humanity of transgender individuals seems to be something right out of the “Third Reich Playbook.” Using the law to “pick on,” target, and “legitimize” the dehumanization of already marginalized minorities was a “Hitler specialty.” And, in too many cases, lawyers and the judiciary were more than happy to help out. Some were even eager to “out-Hitler Hitler.” 
History will deal  harshly with the hate, racism, and intolerance being promoted by the Trump Administration. Where will YOU be recorded as standing! What have YOU done to remove these horrible individuals from public office and to resist their toxic and immoral programs and actions?
PWS
10/21/18

 

 

 

 

GONZO’S WORLD: WHITE NATIONALIST A.G. PUTS IDEOLOGY ABOVE LAW & FACTS – How He’s Destroying the U.S. DOJ & Corrupting Our Government! –“Since I’ve been a lawyer, going back to the late 1970s, I can’t recall a time when morale has been as low as I have heard from some former colleagues.”

https://www.nytimes.com/2018/10/19/us/politics/jeff-sessions-justice-department.html

Katie Benner reports for the NY Times:

Justice Dept. Rank-and-File Tell of Discontent Over Sessions’s Approach

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Justice Department lawyers have raised concerns about Attorney General Jeff Sessions pursuing legally indefensible cases and a lack of support when they tried to warn him.CreditCreditDoug Mills/The New York Times

WASHINGTON — During his 20 months in office, Attorney General Jeff Sessions has swept in perhaps the most dramatic political shift in memory at the Justice Department, from the civil rights-centered agenda of the Obama era to one that favors his hard-line conservative views on immigration, civil rights and social issues.

Now, discontent and infighting have taken hold at the Justice Department, in part because Mr. Sessions was so determined to carry out that transformation that he ignored dissent, at times putting the Trump administration on track to lose in court and prompting high-level departures, according to interviews over several months with two dozen current and former career department lawyers who worked under Mr. Sessions. Most asked not to be named for fear of retribution.

President Trump has exacerbated the dynamic, they said, by repeatedly attacking Mr. Sessions and the Justice Department in baldly political and personal terms. And he has castigated rank-and-file employees, which career lawyers said further chilled dissent and debate within the department.

The people interviewed — many yearslong department veterans, and a third of whom worked under both the Bush and Obama administrations — said that their concerns extended beyond any political differences they might have had with Mr. Sessions, who is widely expected to leave his post after November’s midterm elections.

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“Since I’ve been a lawyer, going back to the late 1970s, I can’t recall a time when morale has been as low as I have heard from some former colleagues,” said Robert Litt, a former Justice Department official during the Clinton administration.

A department spokeswoman, Sarah Isgur Flores, said that Mr. Sessions and other senior law enforcement officials were committed to the department’s mission of upholding the rule of law, and that they had heard no complaints about that.

“We know of no department employee who is opposed to policies that uphold the rule of law and protect the American people — which are precisely the policies that this department has implemented and embraced,” Ms. Flores said in a statement.

Mr. Sessions’s shift in the department’s priorities reflected Mr. Trump’s campaign promises to be tough on crime and crack down on illegal immigration, much as former Attorney General Eric H. Holder Jr. took office in 2009 with a mandate to realize President Barack Obama’s vision on civil rights.

Ms. Flores called Mr. Sessions’s changes “vital to reducing violent crime,” combating the opioid epidemic and securing borders.

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The Justice Department’s effort to crack down on sanctuary cities through the courts has been met with protests, here in Sacramento in June.CreditRich Pedroncelli/Associated Press

But Trump appointees ignored the legal advice of career lawyers in implementing their agenda, four current Justice Department employees said.

In one instance, Mr. Sessions directly questioned a career lawyer, Stephen Buckingham, who was asked to find ways to file a lawsuit to crack down on sanctuary laws protecting undocumented immigrants. Mr. Buckingham, who had worked at the Justice Department for about a decade, wrote in a brief that he could find no legal grounds for such a case.

Reminding Mr. Buckingham of the attorney general’s bona fides as an immigration hard-liner, Mr. Sessions asked him to come to a different conclusion, according to three people who worked alongside Mr. Buckingham in the federal programs division and were briefed on the exchange.

To Mr. Buckingham’s colleagues, the episode was an example of Mr. Sessions stifling dissent and opening the department to losses in court.

Mr. Buckingham resigned a few months later, and Mr. Sessions got his lawsuit. A federal judge dismissed most of the case, and the department has appealed. Both Mr. Buckingham and Ms. Flores declined to comment on the episode.

In stripping protections last year for transgender people under the Civil Rights Act, department leaders failed to consult Diana Flynn, the head of the civil rights appellate division who led the effort to add the protections in 2014, and many of her career staff.

The process left little room for debate. “Edicts came down, and it was up to us to try to implement them,” said Ms. Flynn, who has left the Justice Department for Lambda Legal, a lesbian, gay, bisexual and transgender legal aid organization.

Similarly, a flare-up over the Affordable Care Act this summer occurred after the department’s political leaders urged a judge to find unconstitutional two of the law’s key elements, a reversal of the government’s longstanding position.

“This is a rare case where the proper course is to forgo defense” of existing law, Mr. Sessions said at the time, adding that Mr. Trump had approved the step. Three career lawyers withdrew from the case, including Joel McElvain, a 27-year department veteran, who made headlines by resigning in protest.

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To some career Justice Department lawyers, Rod J. Rosenstein, the deputy attorney general, represents a measure of independence because his office oversees the investigations into the president and his associates.CreditJim Lo Scalzo/EPA, via Shutterstock

The episode prompted an all-hands meeting in June to address lingering rancor, according to two people who attended and two others briefed on the gathering.

During the standing-room-only meeting, attendees pressed the head of the departmental branch. What were the brief’s legal flaws, they asked. Had political considerations edged out a sound legal opinion? Did department leaders consider them part of the bureaucratic “deep state” that Mr. Trump has accused of conspiring against him?

After more than an hour, the officials running the meeting said they understood the employees’ concerns and simply encouraged them to continue doing good work.

Attorneys general have long confronted resistance when they implement ideological initiatives that career lawyers view as outside the Justice Department’s mission.

During the Bush administration under Alberto R. Gonzales, the department formed a task force to crack down on pornography; investigators focused on only a small swath of the most egregious examples.

When political appointees under Mr. Holder wanted to abandon the government’s defense of “don’t ask, don’t tell,” Jody Hunt, a well-regarded career attorney, argued successfully that the department had a legal duty to defend it.

Mr. Sessions is not bound to follow the advice of career Justice Department lawyers, “and, if he doesn’t like recommendations, to ignore them,” Mr. Litt said. “But it would be inappropriate to ask people to tailor legal judgments to policy preferences.”

Without directly addressing the department’s positions on transgender rights or the Affordable Care Act, Ms. Flores noted that its reversals on workplace arbitration, voting rights, labor unions and the appointments of federal officials were validated by wins at the Supreme Court.

Mr. Trump has stoked much of the unease at the Justice Department. He assailed the prosecutors who won a conviction of his former campaign chairman, and he attacked the plea agreement struck with his longtime personal lawyer. He castigated Mr. Sessions for not investigating perceived White House enemies — drawing a rare rebuke from the attorney general — and for daring to pursue cases against Republican lawmakers.

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President Trump stokes much of the unease at the Justice Department.CreditTom Brenner/The New York Times

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The president has also frequently targeted Rod J. Rosenstein, who as deputy attorney general oversees the day-to-day operations at the department as well as the special counsel investigation. In a turnabout this month, Mr. Trump declared his relationship with Mr. Rosenstein good, to the relief of some federal prosecutors. To them, Mr. Rosenstein’s office symbolizes the department’s independence because he oversees its inquiries into the president and his inner circle.

More unnerving, employees said, was the president’s threat to remove the security clearance of Bruce Ohr, a civil servant who worked to combat Russian mobs and oligarchs. The message, said one lawyer in the criminal division: Doing your job can make you vulnerable to a career-ending attack.

Two former attorneys said that they stepped away from Russia-related work as a result.

“The underlying message from Trump is that department employees are either enemies of the White House or vassals doing its bidding,” said Norman L. Eisen, who served as special counsel for ethics and government reform under Mr. Obama. Mr. Eisen is co-counsel for the plaintiffs in a lawsuit accusing Mr. Trump of violating the Constitution by maintaining a stake in his hotel in Washington.

As a target of Mr. Trump’s high-profile rebukes, Mr. Sessions has gained cautious support even from some rank-and-file lawyers who find his culture wars zeal distasteful. They cited instances where he pushed back on Mr. Trump’s broadsides and his simply enduring months of presidential invective.

Internal events intended to boost morale have also proved tense. Guy Benson, a Fox News commentator, was chosen to speak at a gay pride event over the objections of the department’s L.G.B.T. affinity group, DOJ Pride, Justice Department lawyers said.

DOJ Pride members held a separate event, where one employee spoke about how progress for L.G.B.T. Americans had regressed under Mr. Trump. Department officials would not comment on the episode.

Some of the lawyers interviewed also said that departures of respected leaders and longtime career lawyers has weakened morale. Besides Ms. Flynn, Mr. McElvain and Mr. Buckingham, others who left included Doug Letter, the head of the civil appellate branch, and David Laufman, the chief of the counterintelligence section.

“Any given person wants to spend more time with his family,” said Benjamin Wittes, a senior fellow at the Brookings Institution and critic of Mr. Trump’s attacks on law enforcement who has heard complaints from department lawyers. “But the sudden decision by large numbers of people to spend more time with their families is a creation of the atmosphere.”

Days after the health law brief was filed, a long-planned happy hour for former and current federal programs lawyers took on the feeling of a support group, according to people who attended. Gathered at an Irish pub near the Justice Department, colleagues told Mr. McElvain they were sorry that he was leaving but that they admired his decision.

Some maligned the Trump administration or poked fun at Mr. Sessions. But when political appointees joined the conversation, the career lawyers, worried about being pegged as dissenters, shifted the discussion to more neutral topics.

Correction: 

Because of an editing error, an earlier version of this article misstated who Justice Department leaders consulted in stripping protections for transgender people. They spoke to departmental experts, though not to the head of the civil rights appellate division and her team.

Sharon LaFraniere and Glenn Thrush contributed reporting.

Follow Katie Benner on Twitter: @ktbenner.

Get politics and Washington news updates via Facebook, Twitter and the Morning Briefing newsletter.

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I’ve commented numerous times on Sessions’s stunningly “law free approach” to his job as the nation’s top legal official. His positions never appear to be the product of any type of legitimate deliberation and reflection. Rather they essentially are lifted, sometimes almost verbatim, from “position papers” and screeds written by far-right groups, most of them driven by a White Nationalist, racially motivated, religiously intolerant views that have little appeal to the majority of Americans — even among “true conservatives” (as opposed to racists masquerading as “pseudo conservatives.”)

Low morale has often been a significant issue among the much maligned corps of U.S. Immigration Judges. But, I’ve heard the same things reflected in this article — that morale is by far the worst that it has ever been among U.S Immigration Judges who feel that their expertise and abilities have been disrespected, discretion virtually eliminated, and their positions reduced to basically “robed representatives of DHS Enforcement” under Sessions’s White Nationalist, openly xenophobic regime.

Sessions undoubtedly is the most glaringly unqualified Attorney General since the disgraced “John the Con” Mitchell under Nixon. But, in terms of long term damage to the entire system, Sessions probably has surpassed even “the Con.”

PWS

10-21-18

NY TIMES EXPOSES TRUMP AS LIFETIME GRIFTER!

https://www.cnn.com/2018/10/02/opinions/trump-family-lies-expose-fraud-dantonio/index.html

Author Michael D’Antonio writes on CNN:

Michael D’Antonio is author of the book “Never Enough: Donald Trump and the Pursuit of Success” (St. Martin’s Press). The opinions expressed in this commentary are his. View more opinion articles on CNN.

(CNN)Remember how then-candidate Donald Trump talked about how the “system is rigged”? He really knew what he was talking about.

In breathtaking detail and with exacting precision, The New York Times has confirmed that for much of his life, though he claimed to be a brilliant businessman, Trump was benefiting from a rigged system, which his family manipulated to transfer enormous wealth from his father to him.
This truth, long suspected by those who have peered into Trump’s finances, included questionable and potentially fraudulent practices that were used so the Trump clan could avoid paying the kind of taxes ordinary people pay every day.
Trump’s lawyer vehemently denies the allegations against his client, telling the Times they are “100% false, and highly defamatory.”
And yet, the Times story is quite persuasive. According to the Times, by age 3, Trump was receiving $200,000 per year in today’s dollars from his father’s operations. By 8, he was a millionaire. And his wealth only grew from there.p
Talk about rigged.
Overall, the picture the Times paints comports with much that could be surmised about the family over the years. By the 1960s, his father, Fred, was one of the wealthiest men in New York. His financial prowess backed his son’s first big project, a hotel renovation at Grand Central Terminal, and his signature Trump Tower on Fifth Avenue. Although the back story about the hotel project and Trump Tower were well established, the facts assembled by the Times show Donald Trump used deception, not just in carrying out those projects, but throughout the course of his career.
The Times notes he profited from his father’s largess to the tune of more than $400 million. Much of this money was given to him though business entities, trusts and employment schemes that permitted him to accept multiple salaries at the same time.
This manipulation included schemes that made Trump into his father’s employee, landlord, property manager and lender. One example, according to the Times, was Fred Trump’s development of Beach Haven Apartments. After building the sprawling complex with federal loans, he made his children the landlords — creating a stream of income that grew over decades.
But Beach Haven was just one of scores of schemes that Fred Trump devised, and his son was complicit in. In one key passage of the Times report, the authors explain that Fred and his wife, Mary, paid a little more than $52 million in taxes on payments of $1 billion given to their children. Under the law, though, they should have paid 55% tax on gifts — a figure that $52 million doesn’t even come close to.
The evidence the Times explored as this financial X-ray was assembled included more than 100,000 pages of documents. The data gleaned from these papers, some of which came from tax returns, show how nearly 300 streams of revenues, including receipts from coin laundries in apartment buildings, were funneled to the man who would eventually become president.
All the evidence gathered by the Times conflicts directly with the message Trump has long promoted. From his early days in Manhattan, when he marketed himself as a young tycoon, Trump insisted he had succeeded on the basis of his own ingenuity, creativity and grit.
This myth is the chief takeaway from his famous best-selling book, “The Art of the Deal,” and it was the backdrop for the development of his TV show “The Apprentice.” In the opening montage for the program, he falsely declared he was “the largest real estate developer in New York, by far.” Real estate insiders, of course, knew this claim was rubbish.
Not surprisingly, much of Trump’s rhetoric was seen as hyperbole in the service of a public image that was playful and ridiculous. However, once his business acumen became one of the pillars of his presidential campaign, it became fair game for intense examination. Trump has impeded the process by refusing to honor the tradition of releasing his tax returns. However, with impressive legwork and number-crunching, the Times has made the picture much less opaque.
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Yup! No real surprise to most of us.
PWS
10-03-18