Politico – Page 5 – immigrationcourtside.com

IN MEMORIUM — From Politico: Bob Michel, Former GOP Leader & Great Public Servant In The “Old Style”

http://www.politico.com/story/2017/02/bob-michel-dies-former-gop-house-leader-234936

David Rogers writes in Politico:

“Former House Republican Leader Bob Michel, who helped shepherd Ronald Reagan’s agenda through Congress only to be pushed aside by the rise of Newt Gingrich a decade later, has died at the age of 93.

Elected first in 1956, the Illinois lawmaker spent 38 years in Congress — more than half in his party’s leadership. No House Republican has held the Republican leadership post longer, and Michel’s death is sure to trigger a host of memories, all the more relevant because of what Washington has become in the years since.
Indeed, it’s difficult to overstate how much the transition from Michel to Gingrich in 1994 impacted first House Republicans and then all of Congress as the fabric of civility soon fell apart and both political parties became more polarized.

“It’s day and night,” said Thomas Mann, a political scientist and long time student of Congress. “I see that transition — the shift from Michel to Gingrich — as the beginning of our really dreadfully dysfunctional Congress and a politics that became so personal and negative and anti-institutional that it really changed the whole character of public life in this country.”

As Republican leader, Michel’s legislative skills were genuine, albeit often under-appreciated in a House dominated then by Democrats. But history is likely to remember him most for the man himself and what many saw as the uncommon decency he brought to his job.

His was a mix of grace, humor and battle-tested bravery rarely seen now in the Capitol. As a Republican, he didn’t shy from carpooling with the gruff Chicago Democrat Dan Rostenkowski, riding back-and-forth from Illinois overnight in a station wagon equipped with a mattress in the back for sleep breaks between turns at the wheel. He played golf with one Democratic speaker, and built a lasting friendship with another. But Michel also took his shots, including a remarkable vote in June 1981, when he stunned Democrats by effectively seizing control of the House long enough to dictate the terms for debate for Reagan’s budget cuts.”

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PWS

02/18/17

BREAKING: Politico: Alexander Acosta (Dean @FIU Law) To Be Pres’s New Labor Nominee

http://www.politico.com/story/2017/02/trump-to-announce-alexander-acosta-as-labor-secretary-nominee-235089

Josh Dawsey and Marianne LeVine report:

“President Donald Trump plans to announce on Thursday that Alexander Acosta, a former Justice Department official and current dean of Florida International University College of Law, is his new pick for labor secretary, according to a senior administration official.

. . . .

Acosta, if confirmed, would become the first Hispanic member of Trump’s cabinet. He has been confirmed by the Senate for three prior positions, which could help smooth his path to the Labor Department.”

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PWS

02/16/17

Jack Shafer In Politico: Leaks Are An All-American Tradition!

http://www.politico.com/magazine/story/2017/02/dear-baby-donald-leaks-are-american-214785

“Un-American? Why, there is nothing more All-American than a leak! The Pentagon Papers, for example, which revealed the inner machinations of U.S. war policy and were published by the New York Times, the Washington Post and elsewhere. The Iran-Contra revelations. The diplomatic and military documents liberated by Chelsea Manning and disseminated by WikiLeaks. The Snowden cache. The Panama Papers leaks and the day-by-day leaking of classified and confidential information upon which the foundation of Page One journalism rests.

To a one, these leaks helped citizens and officeholders learn what powers were being flexed behind the scenes in their names but without their sanction. Now that he’s president and not a mere campaigner, Trump has taken the convenient position that leaks are dangerous and illegal things and that secrets should be kept secret in the name of national security. But as Sen. Daniel Patrick Moynihan noted long ago, excessive secrecy harms national security by blocking policymakers from the information that aids informed decision-making. For example, the U.S. Army and FBI denied President Harry Truman access to the “Venona decryptions”—the intercepts that documented Soviet espionage in the United States, because they deemed his White House too leaky!”

The leaks that have just exposed the lies of former national security adviser Michael Flynn have done the nation—and Vice President Mike Pence—a great mitzvah by unmasking his subterfuges. Flynn, you’ll recall, lied to Pence’s face about his pre-inauguration contacts with the Russians, and Pence carried those lies onto TV, where he shared them in January. It wasn’t until he read a Washington Post report about Flynn’s lies that he began his inquiries and learned what other White House officials had learned a couple of weeks earlier. Thus did Pence avoid becoming his generation’s Truman.

Elements of the conservative media (Daily Beacon and Daily Caller, for example) have attempted to sketch the Flynn leaks as a counterintelligence operation by the “Deep State” and former Obama officials to undermine the Trump presidency, a theory the president himself appears to endorse in his tweets. Without a doubt, the sharp knives of the existing and exiled bureaucracy can hobble and gimp the incoming administrations they oppose. It’s called obstruction, and both parties play the game, denying the Flynn leaks any status as exceptional.

Information is power, which is why bureaucracies hoard and declare it secret. Leaks, as the history books, memoirs and newspaper archives show us, are one of the most important ways government bureaucracies inform government bureaucracies what the government bureaucracies are doing. Only somebody who lived on an island of naiveté would ever move into the White House and think the Deep State won’t leak against him. Likewise, every president dispenses privileged information to the press and political allies to assist in his policymaking. Once—and if—he gets his bearings, President Trump will help himself to these behaviors. This is leaking, too, and it’s All-American, too.”

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Some leaks of intelligence information endanger lives. That’s highly problematic and is what classification and security rules were meant to prevent.

But, overall, after more than three decades in Government (during which I carefully followed the rules on confidential information), my take is that the Government regularly stretches the privilege of classifying or otherwise restricting the use of information. Much of that which is “leaked” appears to be kept “secret” largely to prevent embarrassment, hide poor performance, or gain some political advantage, particularly when it concerns politicos like Flynn.

One of the most amazing things about the whole Flynn incident is his failure to recognize that his communications with Russian officials were likely to be monitored and his decision to “forget” what he had very recently told the Russian Ambassador. Surprisingly, his memory wasn’t “jogged” even when he saw Vice President Pence publicly misrepresent the facts, based on mis-information furnished by Flynn himself. Seems like a resignation would have been in order at that point.

PWS

02/15/17

BREAKING: Judge Brinkema (EDVA) Issues Preliminary Injunction Against Parts Of Trump Travel Ban — Finds “National Security” A Pretext For Unconstitutional Religious Discrimination! (Updated With A Copy Of Judge Brinkema’s 22-Page Order, Courtesy Of Politico)

https://www.washingtonpost.com/local/public-safety/judge-in-virginia-grants-preliminary-injunction-against-travel-ban/2017/02/13/a6164bfe-f255-11e6-a9b0-ecee7ce475fc_story.html?utm_term=.99968d12d9cf

The Washington Post reports:

“The executive order, Judge Leonie M. Brinkema concluded, probably violates the First Amendment’s protections for freedom of religion.

Brinkema’s order applies only to Virginia residents and students, or employees of Virginia schools. A nationwide freeze has been in place for several days, having been issued in Washington state and upheld by a three-judge panel of the U.S. Court of Appeals for the 9th Circuit.

In her opinion, Brinkema wrote that the Commonwealth of Virginia “has produced unrebutted evidence” that the order “was not motivated by rational national security concerns” but “religious prejudice” toward Muslims. She cited Trump’s statements before taking office, as well as an interview in which former New York City mayor Rudolph W. Giuliani (R) said that the president wanted a “Muslim ban.”

“The ‘Muslim Ban’ was a centerpiece of the president’s campaign for months, and the press release calling for it was still available on his website as of the day this Memorandum Opinion is being entered,” Brinkema wrote.

The case against the order in Virginia is being litigated by the state’s attorney general, Mark R. Herring (D). It was originally brought by lawyers for the Legal Aid Justice Center who were representing two Yemeni brothers turned away after landing at Dulles International Airport. The brothers have since been allowed into the country.

“I saw this unlawful, unconstitutional and unAmerican ban for what it is, and I’m glad the court did too,” Herring said Monday night. He said the decision “lays out in stunning detail the extent to which the Court finds this order to likely violate the First Amendment of the U.S. Constitution.”

Simon Sandoval-Moshenberg, an attorney for the brothers, Tareq and Ammar Aziz, said the judge was “calling out the ban for what it really is, a Muslim ban.”

The decision is significant, he noted, because a preliminary injunction requires a higher burden of proof than the temporary restraining order issued in Washington.

. . . .

Brinkema rejected that [the Government’s] argument. “Maximum power does not mean absolute power,” she wrote. “Every presidential action must still comply with the limits set by Congress’ delegation of power and the constraints of the Constitution, including the Bill of Rights.”

She also dismissed the idea that a halt on the ban would cause any harm. On the other hand, she said, the Commonwealth produced evidence that the ban is having a negative impact on students and faculty who can no longer leave the country for fear of losing their visas or who are no longer sure they can study in the state.

“Ironically, the only evidence in this record concerning national security indicates that the [order] may actually make the country less safe,” Brinkema wrote, a reference to a letter from a bipartisan group of national security professionals decrying the impact of the ban abroad.”

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Here is Judge Brinkema’s 22-page order granting the preliminary injunction issued yesterday, Feb. 13, 2017 in Aziz v. Trump. (courtesy of Politico).

http://www.politico.com/f/?id=0000015a-3a0e-d784-a5fb-3ebe82c60000

PWS

02/14/17

BREAKING: Judge Brinkema (USDC, EDVA) Allows Virginia To Intervene In Challenge To Trump Visa Order — Slams Implementation — DOJ & DOS Differ (By A Mere 40,000) On Number Of Visas Revoked!

http://www.politico.com/story/2017/02/trump-travel-ban-virginia-234609

Politico reports:

“Brinkema was also harshly critical of the review and implementation of Trump’s order. “It’s quite clear not all the thinking went into it that should have gone into it,” she said. “As a result, there was chaos.”

During the hearing in federal court in Alexandria, Justice Department lawyer Erez Reuveni said that more than 100,000 visas were canceled as a result of Trump’s order last Friday limiting travel by residents of seven majority-Muslim countries, the Associated Press reported.

However, a State Department official told POLITICO later that the total number of visas canceled was fewer than 60,000. Some of those people are currently in the U.S. Their legal status here is not affected, but their visas will not be valid for re-entry if they travel out of the country, officials said.

. . . .

“At the court hearing, Brinkema said the alarm caused by Trump’s order was widespread. She said no case she has ever handled produced the level of public concern she observed in this one.

“It’s obvious that this put hundreds of thousands of people into a state of great discomfort,” the judge said. “People are really upset.”

Brinkema, an appointee of President Bill Clinton, commended the government for its effort to resolve issues raised by Trump’s order, but said more needs to be done.

“I don’t think it’s far enough,” she said as she ruled to keep the case before her alive.

“There’s no question the president of the United States has almost—almost unfettered “ power over foreign policy and border issues, but “this is not ‘no limit,’” the judge said.

Brinkema said individuals and families had “relied” on decisions made to grant visas. She has not ruled on the merits of the case, but she suggested the government could not reverse course in specific immigration cases without a legitimate reason to do so.”

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Hey, 100,000? 60,000? 40,000 difference? — close enough for Government work. BTW, Judge Brinkema has handled a major terrorist prosecution. So, she actually knows what real terrorism and national security are all about.

Once again, “haste makes waste!”

PWS

02/03/17

Politico Maggie: Former State Department Coordinator For International Terrorism Ambassador Daniel Benjamin Says Trump’s Unjustified Actions Threaten National Security, Diminish U.S. As A Nation!

http://www.politico.com/magazine/story/2017/01/trump-immigration-refugee-vetting-consequences-executive-order-214702

Ambassador Benjamin writes:

With his executive action suspending the admission of refugees to the United States and temporarily halting the entry of citizens from a variety of Muslim countries, President Donald Trump made a quick down payment on a key campaign promise. He also set the U.S. on a disastrous course—one that threatens to weaken our national security and diminish American global leadership.

The order signed on Friday calls for a temporary ban on visas for individuals from Iran, Iraq, Syria, Sudan, Libya, Yemen and Somalia; a 120-day suspension of the resettlement of all refugees; and an indefinite ban on the resettlement of Syrian refugees.
It is hard to find any real basis for this action. During the campaign, Trump made frequent, unfounded claims that we have a “dysfunctional immigration system” and that unknown people are pouring through our borders. But over the past decade and a half, U.S. immigration enforcement has improved vastly to the point where it bears scant resemblance to the system whose vulnerabilities were exposed on 9/11. Travelers from all over the world are screened three or more times, with their names run through databases that draw on staggering amounts of intelligence and law enforcement information. The process flags all manner of misdeeds or suspicious information.

. . . .

We should also expect the order to anger Muslim partners around the world. Shutting the door on Iraqis, on whom we are relying in the ground fight against ISIL, isn’t going to help in that ongoing conflict. As one Iraqi asked on CBS news last night, “How is this our fault? … We are the victims. In fact, American ISIS fighters have come here.” At a moment when U.S. influence in the region is at a low ebb, and Russia, Iran and Turkey are collaborating in Syria and excluding the U.S., the American president should be concerned with building goodwill, not eroding it.

Beyond sending a negative message to Muslims around the world, the decision to stop resettlement of Syrian refugees bespeaks a meanness of spirit that is completely at odds with American values. Indeed, it’s almost unimaginable that today anyone would need to cite Emma Lazarus’s sonnet on the pedestal of the Statue of Liberty as a testament to what the nation has stood for, but perhaps things are just that upside down. Although Europe has a problem with uncontrollable surges of migrants, including many from Syria, the U.S. does not, nor has there been a case of Syrian extremists plotting violence here.

In fact, there is so much scrutiny of Syrian refugees that the federal bureaucracy, unprompted by any unwelcome incident, is reinvestigating several dozen Syrians who were admitted to the country even though their vetting was incomplete. (The errors were first discovered in 2015 and corrected last year.) And yet, despite that record, the Trump administration is determined to punish further the victims of the worst humanitarian crisis since World War II.

Pretty much anyone but Trump might see the post-election period, when the pressure of the political horse race is gone, as a moment for American leadership. Migration threatens the viability of the European Union as well as the political stability of American allies such as Jordan, Turkey and others. Even beyond Syria, political turmoil and failing economies are driving migrants to leave their homes for safer, more prosperous countries.

The only way to deal with this genuinely global phenomenon is with a mixture of economic assistance to improve prospects in countries from which people are migrating and an international effort to apportion and resettle those who genuinely can’t go back—which would require the U.S. to resettle substantially more refugees than it was before Trump halved the number for the coming year. Of course, it’s not surprising that America’s least philanthropic billionaire—whose name is on scores of buildings used to make profits but on no university edifices, museums or concert halls—wants to pull up the ladder that so many have used over centuries to escape to a better life. And given that his “America First” slogan evidently means giving little or nothing to anyone else, it’s impossible to imagine Trump showing the farsightedness to supply urgent development assistance or to drive a solution for this catastrophe—actions that would bolster U.S. national security in the longrun.

Does it need to be said again? Great countries don’t behave this way.”

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Read Ambassador Benjamin’s full article at the link.

PWS

01/28/17

Politico: Haste Makes Waste — Acting First, Thinking Later, Might Come Back To Haunt Trump Administration!

http://www.politico.com/story/2017/01/trumps-flashy-executive-actions-could-run-aground-234200

“Experts warned that the quick moves could hurt Trump down the line and cause him to eventually slow down.

The State Department exhaustively reviewed the Keystone XL pipeline over many years before Obama rejected it, but Trump didn’t call upon agency officials’ expertise, even though reviving the project could prove complicated. It isn’t clear how Trump’s memo, which invites TransCanada to reapply for a permit, might bear on the company’s $15 billion claim against the U.S. under the North American Free Trade Agreement.

“The notion you would do something like this on an issue impacting a claim against the U.S. government for $15 billion without getting a full briefing from people involved — that’s more than unusual, that’s reckless,” said Keith Benes, a former State Department lawyer who handled Keystone.

There’s also the issue of Trump’s sweeping orders on immigration Wednesday that came with big promises but little clarity on who will ultimately foot the bill. For example, building a wall along the Mexico border is likely to cost at least $20 billion, and tripling border enforcement agents will likely cost billions more.

Trump has promised that Mexico will reimburse the United States for the cost of constructing the wall, and the executive order included vague language about the financing of the additional agents.

“He needs money to do it,” said Theresa Cardinal Brown, director of immigration policy for the Bipartisan Policy Center. “You can’t shuffle money around even within a department. You have to go back to Congress.”

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What’s reality, when you live in a parallel universe?

PWS

01/26/17

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