politics – Page 12 – immigrationcourtside.com

🚩POLITICS: GOP’S BAKUNINIST CLOWN SHOW SOWS AMERICAN CHAOS!🤮☠️

Mikhail Bakunin (1814-1876)Anarchist PHOTO: Wikipedia While nobody in today’s GOP is close to being on an intellectual level with the “Father of Modern Anarchy,” they are staunch disciples of his disruptive philosophy. — Mikhail Bakunin (1814-1876)
Anarchist
PHOTO: Wikipedia
While nobody in today’s GOP is close to being on an intellectual level with the “Father of Modern Anarchy,” they are staunch disciples of his disruptive philosophy.

BAKUNINIST — One who advocates revolutionary anarchism.

Jackie Calmes in the LA Times:

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=0544106b-7413-483c-9f58-c0b43ca7853d

. . . .

And that’s because so many in the party — elected officials and voters — won’t be led. Republicans have the majority in the House, but it’s a majority in name only. In reality, the House Republicans are an amalgam of competing factions, from right to far-right to extremist, and party members genuinely loathe one another more than they dislike Democrats.

Conservative media and social media stardom have turned even the most junior and otherwise inconsequential figures — say, Florida Rep. Matt Gaetz, the architect of this speaker-less anarchy — into power brokers who insist on having their sway. Like-minded conservative voters — small-dollar donors steeped in Fox News — bankroll the chaos agents; Rep. Marjorie Taylor Greene, that Georgia peach of a provocateur, is among Congress’ most successful fundraisers.

Here’s how insurgent and “Beetlejuice” fan Rep. Lauren Boebert of Colorado explained why House Republicans have failed to agree on a speaker: “There are 224 alpha males and alpha females who are here in the Republican Party. We are here because we convinced hundreds of thousands of people that we are leaders.”

No matter how this speaker mess ends — and it must somehow end — that perverse reward system will remain. And the House under Republican “leadership” will be all but ungovernable through the 2024 election.

Former Speaker Nancy Pelosi had a similarly thin Democratic majority yet managed to keep her party factions united and to shepherd into law major legislation, some of it bipartisan. But here’s the difference: Democrats believe in governance. Too many Republicans do not; their credo has shifted over the last quarter century from small government to anti-government. We’re watching the result.

Again, take it from a Republican: “Frankly, it doesn’t matter who the speaker is,” Rep. Mike Lawler of New York said, “because if we [Republicans] can’t govern as a group, as a conference, it doesn’t matter.”

Jordan, true to his brand as a belligerent, on Friday insisted on a third House vote for speaker. As widely predicted, he lost by even more votes than on the earlier ballots. He and his allies talked of pressing his candidacy through the weekend; after all, McCarthy was elected in January on the 15th ballot. But in a closed-door caucus and with secret ballots, Republicans voted to yank Jordan’s nomination as speaker.

His refusal to accept that he was not going to be speaker until the reality was forced on him was hardly a surprise. Jordan still won’t concede that Donald Trump lost reelection. He declined to do so yet again at a news conference Friday morning. His stubborn opposition to democracy — that’s what it is — only underscored why Jordan should never be the speaker.

The sad fact, however, is that Jordan’s reprehensible role as Trump’s chief congressional lieutenant in the run-up to the Jan. 6, 2021, insurrection wasn’t even much of a factor in opponents’ thinking. Nor was the fact that as speaker, this unrepentant election denier could have sabotaged the certification of the 2024 presidential vote if the Republican lost.

Instead, the reasons Jordan’s foes gave were personal, political or both. Some blamed him for stoking the death threats against them and their families. One, Rep. Drew Ferguson of Georgia, said Republicans don’t “need a bully as the speaker.”

But they need someone — the country needs someone — so Congress can function. Government funding runs out Nov. 17. Biden is sending a request for aid to Ukraine and Israel. Other essential legislation, including agriculture and defense bills, are pending.

Many Republicans are trying to shift the blame for the fiasco onto Democrats because they all opposed McCarthy and then Jordan — as if Republicans would’ve voted to retain Pelosi had an insurgent Democrat ever moved, like Gaetz did against McCarthy, to unseat her.

But they know the blame actually lies with themselves — thus the name-calling and near-fisticuffs.

They need to come together, if only temporarily. And then voters should fire them in 2024.

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Today’s GOP is a thuggy gang of anarchists out to destroy America and destabilize the world — mostly because they believe they can, and complicit GOP voters have inflicted these ignorant, valueless, yet existentially dangerous, clowns upon the rest of us!

Totally classless and obstructionist till the end, Jordan forced his colleagues to vote to rescind his never-viable nomination for Speaker after losing three floor votes by increasing margins. By contrast, Scalise, the Conference’s initial nominee over Jordan withdrew without a vote upon determining that he lacked the votes to win the job.

Appearing on CNN Sunday, former GOP Representative Liz Cheney described some of her erstwhile colleagues as “White supremacists,” “anti-semitic,” and “involved directly” in the illegitimate attempt to seize power and overturn Biden’s election. https://www.huffpost.com/entry/liz-cheney-kevin-mccarthy-house-gop_n_6535ea7ce4b0689b3fbcfc66.

Yet, inexplicably, some in the “mainstream media”continue to treat the GOP as a “normal” opposition party. In one of a continuing string of jaw-droppingly poor choices for guests, NBC’s Kristen Walker gave deposed ex-Speaker McCarthy a forum to engage in a “Trumpian liefest” of mythic proportions, outrageously attempting to blame Dems, the Border, Biden, Jeffries, the GOP insurrectionists he empowered, and just about anyone but himself for the debacle he helped engineer and his morally bankrupt party carried out!

Every viewer should have felt dumber after watching Welker fruitlessly try to control the astounding stream of lies, nonsense, doublespeak, and intentional misrepresentations coming out of McCarthy. Honestly, that’s what Fox News, Breitbart, and the Examiner are for! No need to give shallow politicos with absolutely nothing to contribute another forum! I’ve always been a Kristen Welker fan, but her first month as moderator of Meet the Press can only be described as something between tragic and horrible.

As Calmes says, “fire [the GOP] in 2024.” The future of America, the world, and humanity might depend on the n common sense and decency of the majority of voters!

🇺🇸 Due Process Forever!

PWS

10-23-23

⚖️🗽 SENATE HEARING SHOWS OVERWHELMING NEED FOR ARTICLE I IMMIGRATION COURT, GOP PREFERS MYTHS & FEAR-MONGERING TO PROBLEM SOLVING!🤯 — ALSO: Youngkin’s Border Boondoggle Exposed By NBC 4 I-Team!

https://sourcenm.com/2023/10/19/independent-immigration-court-system-advocated-in-u-s-senate-hearing/

Ariana Figueroa reports for Source New Mexico:

WASHINGTON — An immigration judge and lawyer told a U.S. Senate Judiciary panel on Wednesday that an independent immigration court would help ease a backlog of more than 2 million pending cases.

Because the immigration court system is an arm of the U.S. Justice Department — the Executive Office for Immigration Review — each presidential administration has set immigration policy, and often those courts are subject to political interference, said Mimi Tsankov, an immigration judge, and Jeremy McKinney, an immigration attorney.

In the immigration court system, judges hold formal court proceedings to determine whether someone who is a noncitizen should be allowed to remain in the United States, or should be deported.

“Every administration has interfered with the courts. This undermines the courts’ integrity, and many of the executive branch’s manipulations of judges and their dockets simply backfire,” said McKinney, the former president of the American Immigration Lawyers Association.

Tsankov, the president of the National Association of Immigration Judges, said in order to alleviate the backlog of immigration court cases, Congress should establish an independent immigration court under Article I of the U.S. Constitution.

. . . .

“An independent board will begin the process of healing this broken system,” she said.

The witnesses also argued that many people going through the immigration system lack legal representation, which can greatly impact their outcome.

The top Republican on the Senate panel, John Cornyn of Texas, argued that most cases are without merit, as opposed to asylum cases, which are based on a credible fear of death or harm. He said that people are “clogging the courts” and are aware the severe backlogs will allow them to stay in the country. Some courts have backlogs until 2027.

Sen. Mazie Hirono, Democrat of Hawaii, pushed back.

“People who have attorneys are 10.5 times more likely to be granted relief,” she said. “So it is when they have attorneys that they can proceed with their asylum claims.”

She added that another issue is that many children who are unaccompanied, even some toddlers, are expected to legally represent themselves.

“There is no guarantee that children will also have a lawyer, and this is alarming because children are some of the most vulnerable people in our immigration system,” she said.

Cornyn said he did not believe that “the taxpayer should be on the hook” for paying for legal fees and representation.

McKinney said that those who have representation and are not detained are five times more likely to gain relief. Immigrants who are detained and have legal representation are 10 times more likely to be granted relief than those who do not have representation.

“The point is that representation ensures due process,” he said. “It also makes the system more efficient when all the parties know the rules and know how to present a case. Cases move faster.”

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Read the full article at the above link. You can also check out the full video of the hearing here:

https://www.senate.gov/isvp/?auto_play=false&comm=judiciary&filename=judiciary101823&poster=https://www.judiciary.senate.gov/assets/images/video-poster.png&stt=

In his opening statement, ranking GOP Sen. Cornyn made it very clear that fixing the Immigration Courts is a nonstarter for the GOP.

Instead of engaging on this critically important initiative, he wasted much of his introduction disingenuously repeating the oft-debunked claim of a connection between asylum seekers and fentanyl smuggling. See, e.g., “Who is sneaking fentanyl across the southern border? Hint: it’s not the migrants,” https://www.npr.org/2023/08/09/1191638114/fentanyl-smuggling-migrants-mexico-border-drugs.

Obviously grasping at straws, in the absence of any empirical support for his nativist “scare scenario,” Cornyn went so far as to suggest — of course without a shred of evidence — that perhaps “go-arounds” were smuggling fentanyl.

This theory appears particularly questionable in light of evidence that most fentanyl is successfully smuggled through ports of entry by U.S. citizens and legal residents. Why would cartels abandon proven successful methods of port of entry smuggling to entrust their cargos to individuals who might not even survive the border crossing and, if apprehended, would certainly be searched? Cornyn had no answer.

What does seem likely is that by concentrating border law enforcement largely on “apprehending” and fruitlessly trying to “deter” those merely seeking to turn themselves in to exercise legal rights, the USG has diverted attention and resources from real law enforcement like an anti-fentanyl strategy. That almost certainly would require undercover infiltration of smuggling rings — dangerous and sophisticated law enforcement operations far removed from “apprehending” folks who WANT to be caught because they were forced to leave their home countries, are unsafe in Mexico, and can’t wait to schedule asylum appointments at ports of entry through the badly flawed and inadequate “CBP One App!” Building a fair and efficient asylum system should even help CBP apprehend more of Sen. Cornyn’s “go arounds!”

But, Cornyn’s misdirection isn’t just a distraction; it’s actually dangerous! As the GOP has shown over and over, if you repeat a lie or myth enough times, folks start to believe it. Witness the demonstrably totally frivolous claims of election interference that drive much of the GOP’s agenda and has become “truth” for their misguided “base.”

A case in point is the outrageous political boondoggle recently carried out by Virginia’s right-wing Governor Glenn Youngkin. In response to Texas Gov. Greg Abbott’s White Nationalist plea, Youngkin wasted two million taxpayer dollars on a bogus detail of the National Guard to the Texas border, ostensibly to “protect Virginians from the scourge of fentanyl.”

However, a recent NBC 4 DC investigative team report showed that the Guard encountered no fentanyl at the border! They accomplished nothing notable except to deny thirsty migrants they encountered water — on orders from Abbott’s troops! See https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwi7zp3Pq4eCAxVjEFkFHSmyAHYQFnoECA4QAQ&url=https://www.nbcwashington.com/investigations/inside-virginia-national-guards-2m-border-mission/3445536/&usg=AOvVaw3aI4OM_UhxJFVsE-bS3GYT&opi=89978449. As we often say, “The cruelty is the point!”

What if Youngkin had spent the same amount of money supporting NGOs in Virginia struggling to resettle and represent migrants aimlessly bussed to the DMV by Abbott and DeSantis as part of a political stunt? Community social justice NGOs generally use funds more carefully and efficiently than GOP blowhards like Youngkin and co.

The GOP claim that most asylum claims are frivolous also is misleading. For those who can actually get a merits hearing on asylum at EOIR — often in and of itself no mean feat given the prevalence of “Aimless Docket Reshuffling” — TRAC statistics for FY 2022 show that 46% are granted. See https://trac.syr.edu/whatsnew/email.221129.html#. And, this is in a system that is still heavily tilted against asylum seekers. EOIR still has many “holdover judges” from the Trump years who were hired not because of their expertise, qualifications, or reputations for fairness, but because their backgrounds indicated that they were likely to be unsympathetic to asylum seekers!

Moreover, contrary to myth, the vast majority of represented asylum seekers show up for their immigration hearings. See, e.g., https://www.americanimmigrationcouncil.org/news/11-years-government-data-reveal-immigrants-do-show-court.

Admittedly, the manner in which EOIR keeps asylum statistics can make meaningful analysis difficult. For example, more than half of asylum “dispositions” are listed as “other” — which covers “abandoned, not adjudicated, other, or withdrawn,” a facially, at least partially, circular definition! See https://www.justice.gov/media/1174741/dl?inline.

Moreover, since EOIR procedures generally require that all potential relief be stated at the time of pleading or presumptively be waived, prudence requires that the right to appply for asylum be protected, even if it is unlikely that the case will proceed to the merits on that application.

Also, it’s worth remembering that the Government already has a powerful tool for both identifying and quickly tossing frivolous asylum claims and expeditiously granting clearly meritorious claims to keep them out of the Immigration Court. It’s called the Asylum Office at USCIS! That despite much ballyhooed regulatory changes, DHS has failed to obtain “maximum leverage” from the credible fear/Asylum Office process is not a reason for eschewing EOIR reform!

What we can tell from the available data is that, rather than wasting more money on expensive and ineffective “deterrence gimmicks,” the best “bang for the buck” for the USG would be to invest in representation for asylum seekers and in a better, professionally-managed EOIR with better, independent judges, acknowledged experts in asylum law, who could “keep the lines moving” without denying due process or stomping on individual rights. They could also set helpful precedents for the Asylum Office. That’s what Congress and the Administration should be investing in.

Reforming the Immigration Courts and creating an independent Article I Court should be a high national priority. While no single action can bring “order to the border” overnight, fixing EOIR is an achievable priority that will support the rule of law and dramatically improve the quality and efficiency of justice at the border and throughout the U.S.

As Chairman Padilla (D-CA) said, this should be a bipartisan “no-brainer.” Just don’t look to today’s White-Nationalist-myth-driven GOP for help or rational dialogue on the subject.

🇺🇸 Due Process Forever!

PWS

10-21-23

😎 🇺🇸 HOPE FRIDAY: The Common Good W/ Robert Reich — Maine Prepares To Welcome More Refugees — Austin Kocher On Keeping Faith During The Age Of Trumpist White Nationalist Hatred & Lies!

From Robert Reich on Substack:

https://substack.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.YI3yXyy6J0uje-L2r-wh7kLsh8LeAZQ2K9oq40sSau0?

. . . .

Many Americans today worry that our nation is losing its national identity. Yet the core of that identity is not the whiteness of our skin or our religion or our ethnicity.

It is the ideals we share, the good we hold in common.

That common good is a set of shared commitments. To the rule of law. To democracy. To tolerance of our differences. To equal political rights and equal opportunity. To participating in our civic life. To sacrificing for the ideals we hold in common. To upholding the truth.

We cannot have a functioning society without these shared commitments. Without a shared sense of common good, there can be no “we” to begin with.

If we are losing our national identity, it is because we are losing our sense of the common good. This is what must be restored.

As I’ve argued in these essays, recovering our common good depends on several things:

It depends on establishing a new ethic of leadership based on trusteeship. Leaders must be judged not by whether they score a “win” for their side, but whether they strengthen democratic institutions and increase public trust.

It depends on honoring those who have invested in the common good, and holding accountable those who have exploited it for their own selfish ends.

It requires that we understand — and educate our children about — what we owe one another as members of the same society. Instead of focusing solely on the rights of citizenship, we need also to focus on the duties of citizenship.

And it requires a renewed commitment to truth.

Some of you may feel such a quest to be hopeless. The era we are living in offers too many illustrations of greed, narcissism, brutality, and hatefulness.

I, however, firmly believe this quest is not hopeless.

Almost every day, I witness or hear of the compassion and generosity of ordinary Americans. Their actions rarely make headlines, but they constitute much of our daily life together.

The challenge is to turn all this into a new public spiritedness extending to the highest reaches in the land — a public morality that strengthens our democracy, makes our economy work for everyone, and revives trust in the major institutions of the nation.

The moral fiber of our society has been weakened but it has not been destroyed.

We can recover the rule of law and preserve our democratic institutions by taking a more active role in politics.

We can fight against all forms of bigotry. We can strengthen the bonds that connect us to one another by reaching out to one another. We can help resurrect civility by acting more civilly toward those with whom we disagree.

We can protect the truth by using facts and logic to combat lies.

We can help restore the common good by striving for it and showing others it’s worth the effort.

We have never been a perfect union. Our finest moments have been when we sought to live up to our shared ideals.

I worked for Robert F. Kennedy a half-century ago when the common good was better understood. Resurrecting it may take another half-century, or more.

But as the theologian Reinhold Niebuhr once said, “Nothing that is worth doing can be achieved in our lifetime; therefore we must be saved by hope. Nothing which is true or beautiful or good makes complete sense in any immediate context of history.”

Thank you for joining me on this journey. I hope you’ve found these essays useful and even on occasion inspiring. I hope you’ll join me in carrying forward the fight for the common good.

***

Subscribers to this newsletter are keeping it going. If you are able, please consider a paid or gift subscription. And we always appreciate your sharing our content with others and leaving your thoughts in the comments.

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Kelly Bouchrd — Kelly Bouchard
Staff Writer
Portland Press Herald
PHOTO: Linkedin

From Kelly Bouchard in the Portland Press Herald:

https://www.pressherald.com/2023/10/17/maine-refugee-resettlement-numbers-expected-to-double/

. . . .

COMMUNITY OUTREACH IN MAINE

Despite the uncertainty, resettlement agencies in Maine are pushing ahead, preparing to welcome as many refugees as possible. To increase their chances of finding affordable apartments, they’re building a network of landlords willing to rent to newcomers and expanding resettlement efforts beyond Greater Portland, Lewiston-Auburn and Augusta-Waterville to Bangor and Brunswick, Ouattara said.

“We can settle people within 100 miles of Lewiston-Auburn,” said Rilwan Osman, executive director of Maine Immigrant & Refugee Services in Lewiston. “We have settled some families in Augusta, and we are exploring other communities.”

The State Refugee Advisory Council held four quarterly meetings last year to connect and support various community representatives in government, public safety, schools, social services and health care, Ouattara said.

“There are resources that are available from the federal government to assist communities that accept refugees,” he said.

At least half of the new arrivals last year had family ties in Maine, Ouattara said, while the other half were “free cases” that could be resettled more widely in the state but would require more support from agency staff. Transportation continues to be a challenge for many newcomers.

“The public transit system in Maine is still in development, so that can be isolating in some communities,” he said.

Helping refugees find jobs is a top priority for resettlement agencies, which provide financial assistance and case management support for up to 90 days after arrival and limited case management and employment services for up to 60 months.

“All the refugees that are coming have permission to work as soon as they are able,” Osman said. “Some have English skills, some don’t. If they have the necessary language skills, they can at least start entry-level work within 90 days.”

One refugee who is eager to get to work is Ahmed, a recent arrival from Somalia who also declined to give his last name. Ahmed, 58, attended a cultural orientation session Wednesday at the JCA. Through an interpreter, Ahmed said he has been reunited with his wife and six children after being separated from them for 21 years.

He also said he wants to be a good citizen and a taxpayer.

“I’m so grateful to be here,” he said. “My dream is to settle in and get work at a job in my skill range. I am a welder and I would like to work in the same industry.”

Staff Photographer Brianna Soukup contributed to this report.

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Grace Benninghoff in the Portland Press Herald:

https://www.pressherald.com/2023/10/19/portland-mayoral-candidates-frustrated-with-federal-work-rules-as-asylum-seekers-look-to-start-new-lives/

. . . .

Pious Ali says people will keep coming though.

“America is a beautiful country and has a lot to offer the world and the people who come here, and so does Portland,” said Ali, who came to the United States from Ghana more than two decades ago.

Portland’s five mayoral candidates may be more aligned on this issue than any other. They all fundamentally see asylum seekers as an asset to the city, and they all want to see the wait time before they can work made much shorter. They all also feel a little bit helpless.

For years, Portland has welcomed these immigrants, who often undertake dangerous journeys to get here and then go through an arduous, sometimes yearslong process to get visas and work authorization.

. . . .

Zarro said that if it should turn out to be too big a legal risk to offer asylum seekers paid work before they got federal work authorization, he would like to build a more robust job training program so they would be ready to start work in local businesses as soon as their work authorization comes though.

“We have people who are coming here to better their lives and to better their communities. Maine stands to benefit significantly,” he said.

All the candidates also are keenly aware that Portland is in need of more young workers.

“We’re an aging state without enough people to fill the workforce,” Costa said.

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Abstract of Austin Kocher, PhD’s article “Welcoming the stranger in Trump’s America: Notes on the everyday processes of constructing and enduring sanctuary:”

https://intellectdiscover.com/content/journals/10.1386/hosp_00050_1

Geographers have begun to explore the concept of ‘immigrant welcome’ as a framework for understanding the tension between spontaneous social support for immigrants and refugees and their subsequent restriction and criminalization by states. Overlooked in the emerging discourse on immigrant welcome is the rich literature in feminist geography that views the everyday practices of endurance, care and social reproduction as essential to, but often hidden within, more traditional, political and economic analyses of power. By focusing on the everyday practices of welcome within sanctuary church activism, I argue for more attention to the energy-intense work that is often excluded from official media and academic accounts, yet which is essential to understanding what makes welcome function or fail. I draw upon one in-depth case study of a sanctuary church in Ohio, where a woman has been living for a year and a half in public defiance of her deportation order. In addition to contextualizing this specific case within the broader policy and immigrant rights landscape, I focus on the spatial, material and relational processes that participants implemented to construct a ‘welcoming’ environment as well as observe the ways in which welcome fails to live up to its imagined potential. The case study provides important grounded insights into the material, relational and emotional processes of enduring sanctuary as a form of resistance to the US deportation regime and enduring sanctuary itself as an intensive socio-spatial form of existence.

© 2022 Intellect Ltd

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Read more about each of these inspiring efforts at the respective links above.

Compare what could be if folks put aside hate and worked together to solve human problems with the pathetic, totally selfish, inept, inane, yet existentially dangerous, “Clown Show” 🤡 in the GOP House Conference egged on by their “leader” — congenital liar, bully, insurrectionist buffoon, and criminal defendant Donald Trump.🤮

What’s missing is more dynamic, courageous, truth-based national leadership on immigration and human rights issues from Dems (although, to be fair, the bipartisan Maine delegation — and many Maine Republicans — appear to “get it”)! But, fortunately, that void hasn’t stopped members of the NDPA from “soldiering on” for the commn good and a better America!

A life saved is a life saved! Sometimes, we just have to focus on the daily victories we can achieve!

🇺🇸 Due Process Forever!

PWS

10-20-23

🤯 EOIR WANTS YOUR HELP TO “CTA!” — After Unilaterally Foisting “Dedicated Dockets” On Public & Watching Them (Predictably) Fail, EOIR Now Seeks YOUR Help In Making Them Due Process Compliant! — YOUR Chance To Tell EOIR What YOU Think on THURSDAY, OCT. 26! — Check Out My “Four Point Plan” For Reducing EOIR Backlog While Promoting Due Process (The “Long-Ignored Sole Mission of EOIR”)!⚖️🗽😎

EOIR HQ, Falls Church, VA (a/k/a “The Tower of Babel”) — EOIR and their DOJ handlers imposed designed-to-fail “dedicated dockets” on the public over the objections of advocates. Now they need the same experts they “blew off” to help them save their “due-process-denying rocket dockets!”
By Pieter Bruegel The Elder
Public Domain

https://www.justice.gov/d9/2023-10/invite_lswg_national_stakeholder_mtg_for_dd_courts_10172023.pdf

INVITATION

U.S. Department of Justice

Executive Office for Immigration Review

5107 Leesburg Pike

Falls Church, Virginia 22041

Contact: Communications and Legislative Affairs Division Phone: 703-305-0289 PAO.EOIR@usdoj.gov

www.justice.gov/eoir @DOJ_EOIR

Oct. 17, 2023

EOIR to Host National Stakeholder Meeting Seeking to Increase

Pro Bono Representation for Immigration Courts with Dedicated Dockets

SUMMARY: The Executive Office for Immigration Review (EOIR) invites immigration law school clinical communities and pro bono organizations to attend a national stakeholder meeting for an open discussion on how to increase pro bono representation in immigration courts with Dedicated Dockets.

At this meeting, EOIR seeks input and recommendations on how the agency can better encourage and facilitate pro bono advocacy, either in person or remotely, at the following immigration courts with established Dedicated Dockets: Boston, Denver, Detroit, El Paso, Los Angeles – N. Los Angeles Street, Miami, New York – Broadway, New York – Varick, Newark, San Diego, San Francisco, and Seattle. See EOIR’s Policy Memorandum 21-23 for more details on this initiative.

EOIR continues to work to increase the representation rate and the number of practitioners available to represent noncitizens in immigration proceedings. Practitioners who volunteer their time to help those unable to afford counsel are a critical part of that effort.

Please join us for a targeted discussion with the goal of strengthening pro bono representation for the Dedicated Dockets.

DATE: TIME: LOCATION:

Oct. 26, 2023

1 p.m. – 2 p.m. Eastern Time

Live via Webex – Meeting Registration

All media inquiries should be directed to pao.eoir@usdoj.gov.

— EOIR —

Communications and Legislative Affairs Division

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Studies show that EOIR’s “rocket dockets” (a/k/a “dedicated dockets”) have led to massive due process violations and illegal removals, many based on totally bogus “in absentia” hearings, exactly as experts and advocates had predicted, only to be arrogantly “blown off” by the “powers that be” at DOJ and EOIR. See, e.g., https://immigrationcourtside.com/2022/05/26/☠%EF%B8%8F👎🏽dems-catastrophic-due-process-failure-as-predicted-garlands-dedicated-dockets-are-asylum-free-zones/.

In reality, these ill-conceived and poorly-planned dockets have been “dedicated” to maximizing denials, minimizing due process, impeding effective representation, and developing an unfriendly atmosphere that will discourage asylum seekers from fully exercising their legal rights.

Some DOJ politicos and EOIR bureaucrats must belatedly be worrying about their “legacy,” future employability, or eventually being held accountable for plotting to deny due process to thousands of the most vulnerable humans! As usual, the immigration bureaucracy creates unnecessary problems, then leaves it to the NGO/advocacy community to bail them out!

It’s a deadly, counterproductive, wasteful, frustrating “downward cycle” that needs to stop! Why not “cut out the nonsense” by putting in charge those with the comprehensive knowledge, creative ideas, advanced skills, moral courage, and realistic foresight to solve these problems BEFORE they become self-created “crises?” Those needed leaders and judges are primarily OUTSIDE the USG right now. They need to be brought on board to solve the problems that are demonstrably beyond the ability, will, and skill set of the current immigration bureaucracy at DOJ and DHS!

Here’s my solution:

Replace EOIR senior managers with qualified experts who will work with the private bar and DHS, in ADVANCE, to schedule cases in a rational, efficient, manner that will comply with due process, fundamental fairness, and avoid “Aimless Docket Reshuffling” (“ADR”) — the bane of those practicing before EOIR and major driver of backlogs. (It’s also a significant deterrent to pro bono representation.) See, e.g.,.https://immigrationcourtside.com/2023/10/08/🤯-jason-the-asylumist-dzubow-explores-the-incredible-exploding-asylum-backlog-predictably-eoirs-aimless-docket-reshuffling/. It’s NOT rocket science!🚀
Only those Immigration Judges granting at or above the (already substantially suppressed) national average should be allowed to hear asylum cases.
Reassign those BIA Appellate Judges who are not recognized asylum experts, and replace them with qualified asylum experts committed to providing and enforcing some positive guidance and best practices for asylum adjudication.
Identify and promptly grant the hundreds of thousands of meritorious asylum cases now moldering in the EOIR backlog (many victims of EOIR’s ADR) so that these refugees can get on with their lives and contribute fully to American society and our economy.

Dems have the power to reform EOIR — a huge “Federal Court system” that they exclusively control! Why are they afraid to use that power “to promote justice and resist evil?”

In the meantime, please take advantage of this chance to “enlighten” EOIR bureaucrats about what it’s really like to attempt to provide pro bono representation on “dedicated dockets” while dealing with their ADR on already-prepared cases that could and should have been granted long ago. Hopefully, some members of the media will also tune in to get a dose of the challenges of trying to fight for justice in America’s worst and least-user-friendly “courts!”

🇺🇸 Due Process Forever!

PWS

10-19-23

☠️🤯 WALLS: EXPENSIVE, DEADLY, INEFFECTIVE “TOOLS!” — Why Does America Keep Building Them? — “Political Pathology” — New Rubric For Doctors Treating Border Injuries From Failed Deterrence! — “I feel like Americans have very little context for what’s going on in [Venezuela] and how desperate things are there.”

“Border Wall Breach Collage” Assembled by Cato Institute “Trump’s ‘impenetrable’ wall — monument to cruelty, futility, fiscal irresponsibility!” — “Border Wall Breach Collage”
Assembled by Cato Institute
“Trump’s ‘impenetrable’ wall — monument to cruelty, futility, fiscal irresponsibility!”

Nick Miroff in WashPost:

https://www.washingtonpost.com/immigration/2023/10/12/border-wall-biden-trump-policies/

. . . .

The fact remains that the U.S. government spent a lot of money to build new barriers to keep migrants out and did not get the result it wanted.

. . . .

Trump used a lot of hyperbole to promote his pet project and was prone to describe the barrier as the personification of his presidency. He took a keen interest in its aesthetic appearance and design features, often urging aides to make it look as imposing as possible. He told supporters his wall would be “impenetrable.” He also said Mexico would pay for it (Mexico did not).

U.S. Customs and Border Protection officials didn’t make such claims and weren’t surprised when criminal smuggling organizations in Mexico began sawing through the steel bars — using ordinary power tools — almost immediately.

The border wall has been hacked through thousands of times since then, so often that the government has had to deploy welding crews full-time to shore up the structural integrity of the barrier. Smugglers have figured out a cheaper and even easier way to defeat it, fashioning cheap, disposable ladders out of scrap wood or metal rebar. They send migrants and drug couriers up and over the top, then use ropes to lower them down the other side. Experienced fence-jumpers have developed a technique using the steel bars like fire poles, sliding down onto the U.S. side in seconds.

. . . .

Dozens of migrants have been killed and hospitalized after falling from the structure, often with horrific spinal trauma and broken legs. Immigrant advocates also say the barriers force migrants toward more remote desert areas, contributing to more deaths from heat stroke and exposure. CBP reported 568 migrant deaths along the border during the 2021 fiscal year, the most recent for which data is available — nearly twice the amount of the previous year.

The border wall has a devastating toll on animals too, advocates say. The steel bars have essentially cut in half the habitat of animal species, in some cases cutting off their access to water and grazing areas. Trail cameras set up by researchers have shown pumas, bobcats and other large mammals blocked and searching fruitlessly for some way to get through.

The expensive futility of the wall and border barriers might pale in comparison with the human damage to both migrants and our nation’s soul, according to this interview with border physicians by Melissa Del Bosque in The Border Chronicle:

Melissa Del Bosque
Border Reporter
PHOTO: Melissadelbosque.com

https://open.substack.com/pub/theborderchronicle/p/on-political-pathologies-and-practicing?r=330z7&utm_medium=ios&utm_campaign=post

Dr. Brian Elmore is an emergency-medicine resident physician in El Paso, Texas. He’s also the cofounder of Clínica Hope, a free clinic for migrants in Ciudad Juárez, Mexico, which he runs with the nonprofit Hope Border Institute. Elmore frequently treats patients who have been injured by razor wire or fallen from the border wall that divides El Paso and Ciudad Juárez. He’s coined a term for these injuries: political pathologies. “These are normally healthy people, most of them young, who have been injured because of political decisions made thousands of miles away,” he says. “These are the political repercussions of the border.”

. . . .

That’s interesting that you use this term political pathologies. Is that a term you coined yourself?

It’s what I’ve started calling these injuries that otherwise healthy folks are receiving. These are mostly young people in their 20s, 30s, and sometimes kids, who out of sheer desperation decided to climb the wall or cross the river or desert. Other than for decisions that politicians made thousands of miles away to fortify the border, and make it as dangerous to cross as possible, they wouldn’t have these injuries. It’s really tragic.

. . . .

I’ve treated quite a few border wall falls. I’ve become used to this. But last week, I had a child who came in with multiple lacerations from barbed wire. She came in with her family, and they were all cut up from barbed wire. It’s jarring to see this, especially when it’s a kid, who’s innocent and has no idea what’s going on.

I started talking to the dad, and he told me they were from Venezuela. He said they’d heard a rumor in Ciudad Juárez that officials were letting Venezuelans cross outside of ports of entry. So a huge crowd showed up to present themselves to U.S. border officials [and ask for asylum]. Everyone became frustrated and irritated when they discovered that it wasn’t true.

And this family were pressed up against the barbed wire by the crowd, and they couldn’t go back. The only way for them to move was forward. So they started crawling under the barbed wire. This is the mother, father, the child, who is about 10, and an infant.

So, I’m stitching them up, making small talk because sewing up lacerations takes time and you’re face-to-face, and I’m talking to the dad and he lifts his shirt, and I see that he has a thoracotomy scar. When you perform a thoracotomy, it’s a last-ditch Hail Mary effort to save somebody’s life. The majority die after a thoracotomy. It’s when you crack open a chest because there’s either aortic bleeding or a penetrating injury to the heart. He told me he’d been stabbed and robbed in Caracas. And it was stunning to see his scar and to know that he’d survived. And the thing is, this is the second thoracotomy scar I’ve seen on a Venezuelan patient I’ve treated. This really reinforced for me the constant levels of violence people are facing. I feel like Americans have very little context for what’s going on in that country and how desperate things are there.

. . . .

There’s a very characteristic injury. It’s called a pilon fracture. It’s a lower-extremity kind of ankle fracture, very debilitating. And it’s often associated with a lumbar spinal fracture. Sometimes the bone has broken through the flesh and may require surgery. A lot of times they’ll be fitted with a device that keeps the bone in place while the swelling goes down, so they can get surgery. They’re then discharged to a migrant shelter in town while they wait for surgery.

. . . .

You see on the news, all these headlines, “migration crisis” and “invasion.” And that’s not what people in El Paso are experiencing or how they’re responding to it. They’re responding to the humanitarian crisis with compassion. You see people at shelters volunteering their time, offering to cook, and giving donations. I think the people of El Paso are amazing in the way they’ve responded. As opposed to how the rest of the country is just totally freaking out. I think El Paso is the most inspiring place to be and to practice.

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

You can read the full articles (and listen to Nick’s) at the above links.

Just think what could happen if we stopped “doubling down on failure,” eschewed dehumanizing treatment of asylum seekers, and devoted some of the time, money, and effort we spend on dehumanization, militarization, and deterrence to building better systems for fairly and timely screening, identifying, and resettling refugees.

🇺🇸 Due Process Forever!

PWS

10-18-23

🤯ABSURDIST HEADLINE OF THE DAY — “SOME REPUBLICANS LOSE FAITH IN JIM JORDAN” — Apparently being “architect of a nationwide abortion ban, a vocal election denier, and an insurrection insider” (per Rep. Pete Aguillar (D-California) in NY Daily News) wasn’t enough to get dangerous, anti-democracy right wing zany over the finish line — yet! More threats and “enhanced arm-twisting” (a/k/a “arm breaking”) in line for Ohio’s notorious “political terrorist?”

“EvilClown” — “Does this guy inspire confidence in you?”
“Evil Clown”
By Tom Woodward
Creative Commons License

From AP:

Some Republicans Lose Faith In Jim Jordan

Republicans are starting to lose faith in Jordan, several of them told reporters after the Ohio congressman failed to muster enough support during the first round of voting.

Rep. Carlos Gimenez (Fla.), who voted against him, called Jordan’s chances “shaky,” while Rep. Michael McCaul (Texas), who voted for Jordan, said he does not “see how he can recover” with so many defectors on the first round of voting.

Jordan’s supporters also told Fox Newsthat they’re losing confidence in him. “I’m afraid there will be more votes against him,” an unnamed senior Republican told the network.

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

At least for the moment, the far right/Fox News threats and high pressure campaign appears to have backfired. But, the process isn’t over. And, that 200 Republicans voted for this spectacularly unqualified candidate for Speaker is bad for America.

As well-stated by Vanity Fair’s Molly Jong-Fast:

It’s been reality-TV central lately in the halls of Congress—wacky stunts, wild rants, and a mystery baby. But like the prospect of Speaker Jim Jordan, the party’s antics are hardly entertaining.

https://link.vanityfair.com/view/5bd67c363f92a41245df49ebjoaw2.4jj/61bc881e

In the end, as Molly says, the GOP’s clown show is 🤡 no laughing matter for America and the process of responsible government.

🇺🇸 Due Process Forever!

PWS

10-17-23

⚖️👩🏻‍⚖️👨🏻‍⚖️ NAIJ’s HON. MIMI TSANKOV & HON. SAMUEL COLE HEADLINE SESSION ON BACKLOG & CRISIS IN U.S. IMMIGRATION COURTS @ NATIONAL PRESS CLUB — Wed. Oct. 18 @ 10:00 AM EDT!

Honorable Mimi Tsankov
U.S. Immigration Judge
President, National Association of Immigration Judges (“NAIJ”)

Hon. Samuel B. Cole
Executive Vice President
NAIJ
PHOTO: NAIJ

Federal immigration judges Mimi Tsankov and Samuel B. Cole to address immigration courts backlog at Headliners Newsmaker, Oct. 18

October 16, 2023, 5:13 pm

WASHINGTON, Oct. 16, 2023 /PRNewswire/ — Judges Mimi Tsankov, a federal immigration judge in New York City, and Samuel B. Cole, a federal immigration judge in Chicago, will speak Wednesday, Oct. 18 at 10 a.m. at a National Press Club Headliners news conference about the pressures of the migrant crisis on the federal immigration court system.

NATIONAL PRESS CLUB LOGO. (PRNewsFoto/NATIONAL PRESS CLUB) (PRNewsfoto/National Press Club) (PRNewsfoto/National Press Club)

An unprecedented surge in migration has created a backlog of 2.6 million cases in the nation’s immigration courts resulting in long waits for hearings. Among other topics, the judges will address the recent assignment of judges to areas along the border. They will provide an update on the judges’ union efforts to restore rights lost during the previous administration.

Federal immigration judges are generally barred from speaking out on issues that affect their courts. Tsankov and Cole will speak in their capacity as president and executive vice president of the National Association of Immigration Judges (NAIJ), an affiliate of the International Federation of Professional and Technical Engineers (IFPTE).

The National Press Club is located on the 13th Floor of the National Press Building at 529 14th St., NW, Washington, D.C.

PRESS CONTACT: Cecily Scott Martin for the National Press Club; cscottmartin@press.org; (202) 662-7525

Cision

View original content to download multimedia:https://www.prnewswire.com/news-releases/federal-immigration-judges-mimi-tsankov-and-samuel-b-cole-to-address-immigration-courts-backlog-at-headliners-newsmaker-oct-18-301958051.html

SOURCE National Press Club

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

The dysfunctional U.S. Immigration Courts are the where “the rubber hits the road” for American justice — the “retail level” of our court system. Deterioration of individual rights in the U.S. legal system for immigrants, people of color, women, non-Christian religious minorities, and the LGBTQ+ community can all be traced to antecedents in the “too often due process and common sense free zone” of EOIR courts held “captive” within our DOJ. See, e.g., https://immigrationcourtside.com/2023/10/08/%f0%9f%a4%af-jason-the-asylumist-dzubow-explores-the-incredible-exploding-asylum-backlog-predictably-eoirs-aimless-docket-reshuffling/

Yet, the mainstream media, Democrats, Civil Rights organizations, and commentators often pay scant attention to the outrageous dehumanizing chaos in our Immigration Courts. One contributing factor is that the DOJ has “muzzled” Immigration Judges from speaking out publicly about what’s happening in their courts, a questionable 1st Amendment suppression that a Federal District Judge recently “shrugged off.” See, e.g., https://knightcolumbia.org/cases/naij-v-neal.

This is a rare opportunity for the public to get insights on this critically important yet “below the radar screen court system” from two sitting judges. They apparently have “sidestepped” the DOJ’s censorship by appearing “solely in their capacity as officers of the National Association of Immigration Judges (“NAIJ”).” (Full disclosure: I am a retired NAIJ member.)

The NAIJ strives to provide professional training, encouragement of best practices, more independence, better working conditions, and more cooperation with parties appearing before the Immigration Courts. These positive efforts, among the few happening at EOIR, earned the NAIJ a “decertification” of their status as a union representing Immigration Judges during the Trump Administration.

Ironically, although the Biden Administration touts itself as the most “union-friendly Administration in history,” three years in, the NAIJ has yet to regain full recognition as a union.

🇺🇸 Due Process Forever!

PWS

10-17-23

🇺🇸🗽⚖️ LISTEN UP DEMS ⚠️ — THE SO-CALLED “ASYLUM CRISIS” CAN BE SOLVED WITHOUT THROWING REFUGEES, DUE PROCESS, & HUMANITY UNDER THE BUS 🚌☠️— Human Rights First Has Practical Proposals For Better Borders!

https://www.linkedin.com/feed/update/urn:li:activity:7118356784905367552?updateEntityUrn=urn%3Ali%3Afs_updateV2%3A%28urn%3Ali%3Aactivity%3A7118356784905367552%2CFEED_DETAIL%2CEMPTY%2CDEFAULT%2Cfalse%29

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

Read the complete HRF report at the above link!

“Pie in the sky?” Hardly! Undoubtedly, these measures could be carried out far less expensively than further, ultimately fruitless, border militarization and enhanced cruelty being pushed by the GOP and some Dems. And, they would be more effective in bringing “law and order” to the border and our overall legal system.

Fanned by alarmist narratives being spread by folks like Adams and Hochul (no, Governor, 8 billion people aren’t going to descend on your state — in fact, the U.S. has a “refugee/1,000 population ratio” far below that of many smaller, much poorer countries), and the mainstream media’s insatiable need for a “trumped-up invasion narrative” to create headlines and sound bites, I suspect that the Administration and Dem politicos might be prepared to “throw asylum seekers under the bus” to reach an agreement with the GOP to keep the Government open. After all, asylum seekers don’t vote, and their advocates have historically been good “team players” who go to bat for the Dem Party despite having their contributions, energy, and ideas consistently undervalued, even dissed, once elections are over.

Don’t do it Dems! Giving in to the righty nativists will NOT solve anything, nor will abandoning values help you in the next election! Indeed, the Administration could set more “world records” for exclusions, deportations, denials, imprisonments, wall-building, enforcement hiring, “rocket dockets,” and the GOP would still spout the same “open borders” myth, and the media would give it equal, or greater, time. They largely ignore HRF and other experts who actually understand the border, migration, and have practical, humane, if less inflammatory or drastic, solutions to offer.

The mainstream media seems to have endless time for folks like Trump, Gaetz, Jordan, Haley, Ramaswamy, etc., who have little to contribute to solving pressing national problems. Why aren’t they talking to the folks who understand migration, asylum seekers, the border, and the legal framework? Why aren’t they “headlining” and publicizing reasonable, humane, values-based solutions rather than promoting narratives of doom, hopelessness, and expensive, often illegal, cruelty as the only “solutions?” There actually have been some bipartisan proposals for addressing the border while respecting and even enhancing the rights of asylum seekers. See, e.g., https://immigrationcourtside.com/2023/02/14/🇺🇸courtside-politics-rep-hillary-scholten-d-mi-is-part-of-a-bipartisan-group-of-new-house-members-reaching-across-the-aisle-in-an-attempt-to-govern-for-the-public-good/. But, you sure wouldn’t know it from listening to the so-called “mainstreamers!”

Here’s another fascinating thing. Humane, sensible, legally compliant, cost effective solutions to migration issues proposed by experts, many of whom are immersed in the reality on a daily basis, are often dismissed, if even mentioned, as “impractical,” “unrealistic,” “idealistic,” “costly.” On the other hand, when politicos, think tankers, reporters, commenters, profiteers, many largely removed from the human trauma of the border situation, present costly, proven to fail, draconian, often illegal measures directed against asylum seekers, the same prejorative, dismissive terms are seldom used.

Indeed, the worse, crueler, and more hare-brained a scheme is, the more likely it is to be mischaracterized as a “realistic response” to a hyped-up emergency! Somehow, wanton cruelty and end-running legal obligations are packaged as a “practical necessities,” while creative ideas on how to solve problems and make the current laws work are summarily brushed aside, often without meaningful analysis and discussion.

🇺🇸 Due Process Forever!

PWS

10-15-23

🤯 ADMINISTRATIONS CHANGE, BUT BORDER MILITARIZATION CONTINUES UNABATED — Big Profits, Few Durable Results Except More Migrant Deaths! — “Perhaps a way forward might come from the people who populate the borderlands themselves, from those who constantly cross the border, who move from one side of the line to the other, the ones who see and feel firsthand what is happening.”

Todd Miller in The Border Chronicle:

https://open.substack.com/pub/theborderchronicle/p/the-bipartisan-border-machine-biden?r=1se78m&utm_medium=ios&utm_campaign=post

When Joe Biden took office in 2021, he had promised not to build “one more foot” of border wall. This promise seems to have been put to rest last week with the waiving of 26 laws that protect land and people to build a wall through Starr County, Texas, along the Rio Grande. Reactions ranged from disappointment to feelings of betrayal, especially among people who had opposed Trump’s border wall obsession. But in reality, the Biden administration has been quietly constructing and maintaining the border wall system since he took office.

In other words, it is time to set aside tired partisan narratives. Whether it is the Trump regime’s racist overtures to pump up a “big, beautiful border wall” or the Democrats’ calls for a humane yet orderly border, the result has been the same: rising border budgets year after year, increasing fortification, more physical and virtual walls, and more detention centers and deportations. The CBP and ICE budgets in 2023 have yet again eclipsed the highest previous amount, and they now include a record number of contracts to private industry (more on that below).

The border can’t be reduced to just partisan politics. This is not to say that partisan politics don’t matter, and certainly disinformation about the border is real. But the border also supersedes these narratives. It is a machine that is beholden to no political party, a point that becomes more important as we head into an election year.

If the border is a machine, then we have to look under its hood, inspect its motor, and understand how it functions. First, in the parlance of Customs and Border Protection, it is not a border wall but a border wall system. The system’s components include the physical barrier, but this is but one “layer” (the term that Border Patrol uses in its strategic plan). The system also includes surveillance technology—both on and away from the border—and armed agents from the U.S. Border Patrol, CBP’s Office of Field Operations, Immigration and Customs Enforcement, and local police (state, county, city, and tribal) that work with (and receive financing for their border enforcement duties from) DHS. In the border wall system, technology does not offer a “humane” alternative to the physical wall; it works in tandem with it. Thus, the so-called smart wall.

Before we get to the smart wall, let’s contemplate a few things about the physical wall—since it has been such a source of ire and adulation. The one burning question I have is why, if the Democrats were dead set against the wall during Trump’s administration, didn’t they order it removed when they took over in 2021? I’m talking about the wall that Trump built during his tenure, not the 650 miles or so that was constructed under the 2006 Secure Fence Act, which Biden himself voted for when he was a senator. Taking down Trump’s wall construction, however, was never mentioned and didn’t seem within the realm of the possible. In the end, even though Biden ordered a “pause” on wall construction when he took office, CBP announced in September 2022 that it would fill in the “gaps.” In other words, the Biden administration was not going to tear down the Trump wall; in the weirdest and quietest way, it was going to finish it.

. . . .

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

Read the complete article at the link. Years of failed “deterrence” produce higher budgets and demands for more and more costly “deterrence gimmicks” — from both sides of the aisle. No wonder it’s profitable! No accountability! Each inevitable failure is treated as a justification for even more of what doesn’t work. Each increase in deportations and draconian denial of human rights is met with disingenuous claims of “open borders.” Interesting “business model!”

🇺🇸 Due Process Forever!

PWS

10-14-23

🏴‍☠️🤮 SURPRISE: NIHILISTS CAN’T GOVERN — INCOMPETENT, UNINTERESTED — With Wars Raging, GOP Clown Show On Full Display, As Scalise Withdraws!🤡

Clown Car — “GOP House Conference en route to Capitol.”
PHOTO CREDIT: Ellin Beltz, 07-04-16, Creative Commons License, https://creativecommons.org/licenses/by-sa/4.0/. Creator not responsible for above caption.

https://www.nytimes.com/2023/10/12/us/politics/scalise-jordan-house-speaker.html

By Luke Broadwater

Reporting from the Capitol

Oct. 12, 2023

Updated 8:57 p.m. ET

Representative Steve Scalise of Louisiana withdrew on Thursday from consideration for the speakership he was on the cusp of claiming after hard-line Republicans balked at rallying around their party’s chosen candidate, leaving the House leaderless and the G.O.P. in chaos.

After being narrowly nominated for speaker during a Wednesday closed-door secret-ballot contest among House Republicans, Mr. Scalise, their No. 2 leader, found himself far from the 217 votes needed to be elected on the House floor. Many supporters of his challenger, Representative Jim Jordan of Ohio, the right-wing Republican endorsed by former President Donald J. Trump, refused to switch their allegiance.

With no clear end in sight to the G.O.P. infighting that has left one chamber of Congress paralyzed at a time of challenges at home and abroad, Mr. Scalise said he would step aside in hopes that someone else could unite the fractious party.

“I just shared with my colleagues that I was withdrawing my name as a candidate for speaker-designee,” Mr. Scalise said. “If you look at where our conference is, there’s still work to be done. Our conference still has to come together, and it’s not there. There are still some people that have their own agendas.”

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

With two wars involving our allies raging and the USG on track to run out of funding in a month, the GOP focuses on what’s important to them: THEMSELVES!

The GOP is a national disgrace and an international menace! They have brought the same disorder, callous disregard for the common good, and wacko, selfish, far right minority agenda to national politics that they have to the states they misgovern.

The GOP also also threatens America’s standing and influence on the world stage. The only thing standing between us and disaster is President Biden’s determination to lead and govern despite the GOP’s disgraceful chaos and betrayal of the common good!

And remember, it’s not like Scalise, who has coddled White Supremacists — once comparing himself to Klanster David Duke — and is a lifetime shill for a divisive far/right extremist agenda, was qualified to be Speaker. He was, at best, “slightly less unqualified” than insurrectionist election denier and Trump toady Jim Jordan!

As for Trump, his incoherent, hateful, anti-democracy rantings and unhinged ravings shows why the GOP he controls is an existential problem for American democracy. See, e.g., https://www.washingtonpost.com/opinions/2023/10/12/hamas-israel-biden-trump/

Just vote ‘em out, vote ‘em out!

🇺🇸 Due Process Forever!

PWS

10-13-23

🇺🇸🗽😎👩🏽‍🏫 D.C. TEACHER OF THE YEAR BETH BARKLEY HELPS MIGRANTS SUCCEED! — “I have students that are changemakers. My students are leaders. … This is really for and because of them.”

Lauren Lumpkin writes in WashPost:

https://www.washingtonpost.com/education/2023/10/11/beth-barkley-dc-teacher-of-the-year/

By Lauren Lumpkin

October 11, 2023 at 5:55 p.m. ET

Beth Barkley thought she was attending a ceremony for International Day of the Girl on Wednesday. The high school English teacher stood in the library at Cardozo Education Campus as the city’s mayor explained the importance of attaining “educational equity across genders.”

But, in a ceremony focused mostly on her, Barkley learned that she had been named D.C’s 2024 Teacher of the Year.

“This year we have a teacher of the year who serves as a role model not only for her students, but for other teachers across the District,” said D.C. Mayor Muriel E. Bowser (D). “She has gone above and beyond her normal teaching duties to uplift student voices and inspire her students.”

Each year, educators across the city vie for the top honor, which comes with a $7,500 check and the chance to compete for National Teacher of the Year in a contest run by the Council of Chief State School Officers. Barkley, who teaches English and other classes to students who are new to the United States, was met with applause and sparkling pompoms wielded by students.

“This is a huge honor,” she said to the room of teachers, staff members and several of her students. “I have students that are changemakers. My students are leaders. … This is really for and because of them.”

. . . .

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

Read and listen to the complete article at the above link. Here’s an NBC 4 TV News special report on Beth’s achievements. https://www.youtube.com/watch?v=qvTPZ7fOt-Q.

A great reminder that each of us can choose to be part of the problem or part of the solution, like Beth!

🇺🇸Due Process Forever!

PWS

10-11-23

⚖️🗽 STEPHANIE SPIRO @ NIJC: “[O]ver the past several months there has been an onslaught of Biden administration policies designed with one goal: to rapidly deport people. These programs block people from a fair asylum process . . . !” ☠️

Stephanie writes in The Hill:

https://thehill.com/opinion/immigration/4241980-were-deporting-asylum-seekers-so-fast-they-cant-get-attorneys-or-justice/

For six years, I have represented adults, children and families who have fled persecution in their home countries and sought protection in the United States. My clients have traveled thousands of miles from countries including Nicaragua, Venezuela, Cameroon, Togo, Haiti, El Salvador, Honduras and Guatemala, arriving at the U.S.-Mexico border to seek asylum. They leave their homes, communities and culture because the pain and risks of fleeing pale in comparison to the dangers they will face if they stay.

I have seen the difference between the outcomes for clients who have meaningful access to legal counsel and due process, who are able to safely settle into a community as they pursue their cases, and people who are deprived of these basic human rights. But over the past several months there has been an onslaught of Biden administration policies designed with one goal: to rapidly deport people. These programs block people from a fair asylum process, and I am deeply concerned that thousands of individuals fleeing persecution will never be able to tell their stories and have a chance at safety in our country.

For the clients I have helped win asylum, the key to my representation was consistent and thorough communication. Through multiple sessions, we built a rapport, I provided them with information about their legal rights and the immigration system and they provided me with the details of their lives. These details formed the basis of their legal claims, which I assisted them in presenting to the immigration judge. The judge decided whether they could stay in the United States based on an individualized determination of their future risk of harm if deported.

When one of my clients and her six-year-old daughter completed their two-month journey from El Salvador to Texas, Customs and Border Protection detained them for three days and then released them with notice of their obligation to appear in immigration court. They made their way to the Midwest, where they sought legal representation.

At the National Immigrant Justice Center, my colleagues and I worked with the mother over several months to document her experiences of being raped, impregnated, beaten and locked up at home by her older relative. Finally safe in the United States, she started therapy and began working at a restaurant to support herself and her daughter. At her final immigration court hearing, she bravely testified about her traumatic past, and the immigration judge granted both mother and daughter asylum.

. . . .

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

Read the rest of Stephanie’s article at the link.

On the basis of reports like this, there is reason to believe that not only should many more of the individuals allowed to enter the U.S. be granted asylum under a properly functioning system, but that many of those barred, rejected, and deported are erroneously being returned to life-threatening situations.

This, of course, directly contradicts the restrictionist myths peddled by most GOP politicos and even some Dems. It also contradicts the fear-mongering and scare tactics employed by the right-wing media that has unfortunately spilled over into the so-called “mainstream media.”

The real “border crisis/tragedy” is the lack of a legitimate, well-functioning, fair, efficient system to carry out our legal obligations to asylum seekers under both domestic and international laws. Calls for more “deterrents, cruelty, walls, harsh imprisonment, lawless deportations, and truncations of already-routinely-violated rights” are not going to solve the real problems! Indeed, they are likely to make things even worse!

🇺🇸 Due Process Forever!

PWS

10-11-23

🤯 JASON “THE ASYLUMIST” DZUBOW EXPLORES THE “INCREDIBLE EXPLODING ASYLUM BACKLOG!” — Predictably, EOIR’s “Aimless Docket Reshuffling on Steroids” Remains a Significant “Driver” of Unnecessary Backlogs!

https://www.asylumist.com/2023/10/04/the-incredible-exploding-backlog/

Jason writes:

. . . .

In Immigration Court, the number one “internal” problem has probably been aimless docket reshuffling, where cases are repeatedly re-arranged depending on the priorities of different administrations. Other problems include inefficient Master Calendar Hearings and pre-trial conferences, insufficient guidance from the Board of Immigration Appeals, which leads to inconsistent decision-making, and not enough staff members to support the Immigration Judges. In addition, there is a shortage of DHS attorneys (the prosecutors), and those attorneys have insufficient power (or willingness) to resolve cases or narrow contested issues prior to the final hearing.

What does all this mean for asylum seekers? In court, cases are still being heard, though I expect that delays will increase and more cases will be rescheduled. We can also expect that more non-priority cases (i.e., people who do not have criminal or security issues) will be dismissed based on prosecutorial discretion. At the Asylum Office, nothing seems to be moving. You can try to expedite your case and if that fails, file a writ of mandamus to force the agency to adjudicate your application. Otherwise, I would not expect any progress any time soon.

Finally, we might as well end on a positive note. Having recognized that most asylum applicants will be stuck waiting for years and years, the government has recently increased the validity period of asylum-pending work permits from two years to five years. For asylum applicants, this change will save money and reduce stress, and for USCIS, it will reduce their workload and allow them to focus on other applications. I guess the lesson here is that every cloud has a silver lining–even a mushroom cloud.

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

Read Jason’s full analysis at the link.

As Jason acknowledges, some of the drivers are “world events” over which — contrary to GOP and other nativist blather, often fanned by the so-called “mainstream media” — receiving countries like the U.S. have relatively little effective control. This is particularly true in the short run.

We’ve notoriously tried “taking over” countries in conflict. It never works! Moreover, it can eventually create additional refugee situations rather than resolving them. See, e.g., Afghanistan.

Nor are border barriers, razor wire, dungeons, arbitrary deportations, stripping asylum rights, xenophobic rhetoric, criminal prosecutions, killing some migrants by forcing ever more dangerous crossings, and a host of other unilateral measures pushed primarily by the GOP (but also by some Dems) going to change the actions of Maduro, Ortega, Putin, Diaz-Canel or any of the other authoritarian autocrats whose policies drive folks to flee their native lands and seek refuge abroad.

So, rather than wringing hands about what we can’t change, why not change that which is under our control? Long overdue, common-sense reforms and improvements in asylum adjudication, reception, and resettlement, some mentioned by Jason, could be achieved.

They won’t necessarily halt the flow of refugees, nor are they guaranteed to eliminate backlogs, particularly in the short run. But, they will reduce the backlogs, contribute mightily to a better U.S. legal system, and comply with our international and domestic legal obligations. That, in and of itself, appears to be a worthy and achievable goal. But, nobody in charge seems to be interested in anything but “quick fixes” — which aren’t really “fixes” at all, since they have all been tried and failed.

🇺🇸 Due Process Forever!

PWS

10-08-23

🤮 AMERICAN ASYLUM POLICY: GOP POLITICOS PANDER, ADMINISTRATION BUILDS WALLS, DEMS PREPARE TO THROW ASYLUM SEEKERS UNDER THE BUS (AGAIN) — What Happens To Those Waiting To Use “CBP One” At The Border? — They Get Raped & Extorted! — “It’s the saddest, most horrible thing that can happen to a person!”

""Rape of the Sabine Women" — “Rape of the Sabine Women”
Peter Paul Rubens
Circa 1635
Public Domain

From Reuters:

https://www.voanews.com/a/migrants-being-raped-at-mexico-border-as-they-await-entry-to-us-/7291239.html

REYNOSA, MEXICO —

When Carolina’s captors arrived at dawn to pull her out of the stash house in the Mexican border city of Reynosa in late May, she thought they were going to force her to call her family in Venezuela again to beg them to pay $2,000 ransom.

Instead, one of the men shoved her onto a broken-down bus parked outside and raped her, she told Reuters. “It’s the saddest, most horrible thing that can happen to a person,” Carolina said.

A migrant advocate who assisted Carolina after the kidnapping, who spoke to Reuters on condition of anonymity due to security concerns, confirmed all the details of her account.

The attack came amid an increase in sexual violence against migrants in the border cities of Reynosa and Matamoros, both major transit routes for immigrants seeking to enter the U.S., according to data from the Mexican government and humanitarian groups, as well as interviews with eight sexual assault survivors and more than a dozen local aid workers.

“The inhumane way smugglers abuse, extort, and perpetrate violence against migrants for profit is criminal and morally reprehensible,” U.S. Department of Homeland Security (DHS) spokesperson Luis Miranda said in response to questions about the rise in reported rapes.

Criminal investigations into the rape of foreign nationals, excluding Americans, were the highest on record in the two cities this year, according to state data from 2014 to 2023 obtained by Reuters through freedom of information requests.

The U.S. State Department considers Tamaulipas, where the two cities are located, to be the most dangerous state along the U.S.-Mexico border.

. . . .

A Venezuelan migrant said he was kidnapped in May in Reynosa by a cartel while traveling to the border for his confirmed CBP One appointment. He couldn’t raise the full $800 ransom, so he was forced to work for two months to pay off the remaining $200, he said.

Two other migrants who said they were held at the house during the same time period confirmed the man was forced to work against his will, and that they heard female migrants being raped.

On the nights the Venezuelan man was tasked with standing guard over the other migrants, he said he watched the cartel members ask the man in charge of the house for permission to rape the women of their choosing.

He said the answer was always the same: “Take her.”

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

Read the full article at the link.

Walls, detention, eliminating the right to asylum aren’t going to solve this. But, solving it doesn’t seem to be the objective. Blaming the victims is a lot easier than treating them as human beings.

As my friend Debi Sanders (who alerted me to this report) said: “Terrifying!” Yup! 🤯🏴‍☠️

How disingenuous is the Biden Administration’s latest attempt to “get tough” at the border with more proven to fail deterrence? Well, just this week, DHS announced plans to deport more individuals to Venezuela. https://www.reuters.com/world/us/us-restarting-direct-deportations-venezuela-senior-official-2023-10-05/

Yet, just a few days earlier, in deciding to extend TPS to nearly a half million Venezuelans in the US, that same DHS found:

Overview

Venezuela continues to face a severe humanitarian emergency due to a political and economic crisis, as well as human rights violations and abuses and high levels of crime and violence, that impacts access to food, medicine, healthcare, water, electricity, and fuel, and has led to high levels of poverty. Additionally, Venezuela has recently experienced heavy rainfall in the spring and summer of 2023 which triggered flooding and landslides. Given the current conditions in Venezuela, these issues contribute to the country’s existing challenges.

Venezuela is experiencing “an unprecedented political, economic, and humanitarian crisis.” ^[5]“Venezuela is suffering one of the worst humanitarian crises in the history of the Western Hemisphere,” which has been characterized by “[h]igh levels of poverty, food insecurity, malnutrition, and infant mortality, together with frequent electricity outages and the collapse of health infrastructure.” ^[6]Though there were some positive developments in Venezuela in 2022 “as the economy stabilized and showed signs of economic growth,” the effects of these changes were not felt across the Venezuelan population and did not offset the impact of the large-scale economic contraction which resulted in significant humanitarian challenges that continue today and will take time to address.^[7]

Political Repression and Human Rights

The Maduro regime has closed off channels for political dissent, restricting enjoyment of civil liberties and “prosecuting perceived opponents without regard for due process.” ^[8]The UN Human Rights Council’s Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela (IIFFM) found in its September 2022 report, “Venezuela’s military and civilian intelligence agencies function as well-coordinated and effective structures in the implementation of a plan” to “repress dissent.” ^[9]

Crime and Insecurity

Venezuela has one of the highest rates of violent deaths in the world.^[10]Additionally, “Venezuelans face physical insecurity and violence from several sources, including irregular armed groups, security forces, and organized gangs.” ^[11]Corruption in Venezuela exacerbates insecurity. InSight Crime has reported that “criminal groups and corrupt state actors together form a hybrid state that combines governance with criminality, and where illegal armed groups act at the service of the state, while criminal networks form within it.” ^[12]Human trafficking remains a serious concern. Traffickers exploit and subject Venezuelans, including those fleeing the country, to egregious forms of exploitation, including sex trafficking and forced labor.^[13]Members of non-state armed groups that operate in the country with impunity, subject Venezuelans to forced labor and forced criminality, and recruit or use child soldiers.^[14]

Economic Collapse

Since 2014, Venezuela has suffered from an “economic recession marked by hyperinflation, shortages of basic goods and a collapse in public services such as electricity and water.” ^[15]Recently, Venezuela’s economy has shown some signs of recovery; however, it is still in a precarious condition.^[16]In a report covering the period from May 2022 through April 2023, the Office of the High Commissioner for Human Rights (OHCHR) noted that while economic growth which occurred in 2022 “would bring hope for improved economic prospects, persistent challenges and other factors continued to negatively affect essential public services, transport, education, and health.” ^[17]

In its annual report covering 2022, the Inter-American Commission on Human Rights (IACHR) noted “the high rates of poverty and inequality in the country, in which there are estimates that more than 90% of the population lives in poverty.” ^[18]The same report stated that “as of March 2022, HumVenezuela estimated that 94.5% of the population would not have sufficient income to cover items such as food, housing, health, education, transportation and clothing.” ^[19]

Health Crisis

Various sources have referred to severe problems with health systems in Venezuela, including the IACHR, Human Rights Watch, and the Congressional Research Service (CRS).^[20]Per The Associated Press, Venezuela’s “health care system crumbled long before” the start of the COVID–19 pandemic.^[21]Likewise, in its 2022 annual report, the IACHR acknowledged that while the COVID–19 pandemic “has had significant impacts on the health sector and the population, the serious affectations of the system preceded the health emergency.” ^[22]Elaborating on this topic, the IACHR identified “shortages of medicines, supplies, materials and medical treatment” as of 2018, and that the “situation has been worsening since 2014, and it is important to highlight that the health system has reportedly collapsed due to its persistent precariousness, which would have been exacerbated by the pandemic.” ^[23]

According to OHCHR, health centers in Venezuela “report structural underfunding and understaffing resulting in for example, regular blackouts and water shortages.” ^[24]In its report on the humanitarian situation in Venezuela in 2022, the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) noted that “[h]ealth services continue to be affected by insufficient water and sanitation conditions and the lack of electricity supply in facilities.” ^[25]Similarly, Human Rights Watch stated in its annual report covering 2022 that “[p]ower and water outages at healthcare centers—and emigration of healthcare workers—were further weakening operational capacity.” ^[26]Furthermore, the IACHR has reported that “98% of the hospitals in the country lack medicines, electrical plants and water, as well as failures in laboratories, reagents and wards. As a result, it is estimated that only between 3 and 10% of the hospitals have medical and surgical material to solve medical circumstances.” ^[27]

Food Insecurity

In a humanitarian response plan published in 2023, the Food and Agriculture Organization of the United Nations (FAO) identified food insecurity as “the most pressing challenge for the population.” ^[28]Human Rights Watch stated in its annual report covering 2022 that HumVenezuela reported in March 2022 that “most Venezuelans face difficulties in accessing food, with 10.9 million undernourished or chronically hungry. Some 4.3 million are deprived of food, sometimes going days without eating.” ^[29]Moreover, the IACHR noted in its 2022 annual report that “32% of children live in a situation of chronic malnutrition.” ^[30]

Heavy Rains and Flooding

Since May 26, 2023, as hurricane season began, Venezuela has experienced heavy rains which resulted in flooding that affected several areas of the country.^[31]According to ACAPS, “Between June and July there have been 19 tropical waves, that have brought heavy rains, floods and landslides across the country.” ^[32]As of July 11, 2023, the meteorological situation in Venezuela indicated “that rainfall and resulting damages are expected to be more severe than previous years.” ^[33]Reports of the damage caused by the heavy rains include 5,100 people affected with damage to houses and blockages in the drainage system in the state of Portuguesa.^[34]In another area—Delta Amacuro state—around 7,500 people are affected by the 2023 floods.^[35]

In summary, extraordinary and temporary conditions continue to prevent Venezuelan nationals from returning in safety due to a severe humanitarian emergency which has resulted in food insecurity and the inability to access adequate medicine, healthcare, water, electricity, and fuel. Additionally, human rights violations and abuses, high levels of poverty, high levels of crime and violence, and heavy rains and flooding prevent Venezuelan nationals from returning in safety and permitting Venezuelan noncitizens to remain in the United States temporarily would not be contrary to the interests of the United States.

Based on this review and after consultation with appropriate U.S. Government agencies, the Secretary has determined that:

• The conditions supporting Venezuela’s designation for TPS continue to be met. See INA sec. 244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).

• There continues to be extraordinary and temporary conditions in Venezuela that prevent Venezuelan nationals (or individuals having no nationality who last habitually resided in Venezuela) from returning to Venezuela in safety, and it is not contrary to the national interest of the United States to permit Venezuelan TPS beneficiaries to remain in the United States temporarily. See INA sec. 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).

• The existing designation of Venezuela for TPS (Venezuela 2021) should be extended for an 18-month period, beginning on March 11, 2024 and ending on September 10, 2025. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

• Due to the conditions described above, Venezuela should be redesignated for TPS beginning on October 3, 2023, and ending on April 2, 2025. See INA sec. 244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2).

For the redesignation, the Secretary has determined that TPS applicants must demonstrate that they have continuously resided in the United States since July 31, 2023.

Initial TPS applicants under the redesignation must demonstrate that they have been continuously physically present in the United States since October 3, 2023, the effective date of the redesignation of Venezuela for TPS.

There are approximately 243,000 current Venezuela TPS beneficiaries who are eligible to re-register for TPS under the extension.

It is estimated that approximately 472,000 additional individuals may be eligible for TPS under the redesignation of Venezuela. This population includes Venezuelan nationals in the United States in nonimmigrant status or without immigration status.

https://www.govinfo.gov/content/pkg/FR-2023-10-03/pdf/2023-21865.pdf

Does this sound like a country that will “ensure orderly, safe and legal repatriation?” Duh!

As for the DHS attempt to “blame the victims” for not taking advantage of legal opportunities, the legal right to apply for asylum in the U.S. attaches at the border to ANYONE “who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status.” INA, section 208.

With huge backlogs at both the Asylum Office and EOIR, and some problematic adjudicators, judges, administrators, and poor precedents, just how could hundreds of thousands of legal removals take place without huge systemic changes that to date the Administration has failed to make at either DHS or EOIR? Sounds like a prescription for massive legal and human rights violations!☠️

Yes, we’re going to hear chants of “we can’t take them all” from all sides. But, the truth that few acknowledge is that we haven’t and won’t be “taking them all” — not by a long shot! Of the more than 7 million who have fled the Maduro regime in Venezuela, only approximately 10% (about 750,000) have come to the U.S.! https://www.bbc.com/news/world-us-canada-66875264. The vast, vast majority — approximately 90% — have taken refuge elsewhere in Latin American, in poorer countries far less able than the U.S. to absorb them! But, hey, when does truth and reality ever enter into the U.S. political debate on immigration?

🇺🇸 Due Process Forever!

PWS

10-05-23

🤡 THE CLOWNING OF AMERICA: AS McCARTHY SLITHERS 🐍 OFF, WHO WILL BE THE “NEXT CLOWN UP?” — Who Would Want To Be? 🤮 — “The moment he began to negotiate with the caucus terrorists in order to secure his seat, he sowed the seeds of his ultimate destruction.”

Clown Court — “Speaker in Waiting”
PHOTO: Clown Civertan.jpg, Creative Commons License

Jay Kuo in “The Status Kuo” on Substack:

https://statuskuo.substack.com/p/ousted?utm_campaign=email-post&r=330z7&utm_source=substack&utm_medium=email

It wasn’t supposed to end this way for Kevin McCarthy. After all, he had done nearly everything that the far-right faction of his caucus wanted, given in to their every demand. Why ever would that fail to satisfy them? But in the end, his actions recalled the parable of the scorpion and the frog. As Fortune magazine retold it,

A scorpion asks a frog to carry him over a river. The frog is afraid of being stung, but the scorpion argues that if it did so, both would sink and the scorpion would drown. The frog then agrees, but midway across the river the scorpion does indeed sting the frog, dooming them both. When asked why, the scorpion points out that this is its nature.

It is the nature of nihilistic, burn-it-to-the-ground extremists to destroy everything around them, including the very party that once carried them to victory. McCarthy’s mistake was thinking he could ever change that by actually inviting the crazies in and embracing them even closer. Instead, he became the first ever speaker in the 240-year history of the House of Representatives to be ousted. In a period of historic firsts—first president impeached twice, first president to be indicted (and charged 91 times), and now first successful motion to vacate the chair—the GOP seems determined to outdo itself.

As writer Charlotte Clymer colorfully put it, “McCarthy served 270 days, the equivalent of 27 scaramuccis or 0.093 of a pelosi, after giving away his power—and his dignity—to man-toddlers who eventually stabbed him in the back.”

Let’s look at what happened yesterday and then answer some common questions about where things go from here in the GOP’s fractured majority in the House.

Subscribe

Mean Girls Day

October 3rd is a day that sticks in my mind because of my favorite movie, Mean Girls, which is turning out to carry many lessons for the GOP. The Lincoln Project was out with a meme quickly.

“On October 3rd, he asked me what day it was!” exclaims Cady Heron of the dreamy Aaron Samuels.

“It’s Kevin McCarthy’s last day as Speaker,” Cady responds.

Indeed, it was.

After Rep. Matt Gaetz (R-FL) made good on his promise to file a motion to vacate the chair, McCarthy pressed for quick consideration of the motion, rebuffing calls to wait until Thursday when more members were back in Washington. He apparently had hoped to catch a number of Democratic House members away. Nancy Pelosi missed the votes, for example, because she was attending the funeral of her longtime friend, the late Sen. Dianne Feinstein.

No matter. After first losing a procedural vote to table the motion, with 11 Republicans voting “no” along with all the Democrats present, Kevin McCarthy faced a full vote of the House and was removed by a vote of 216 to 210, with eight GOP members joining all of the Democrats. Even Gretchen Wieners—er, I mean, Nancy Mace (R-SC)—who styles herself as a moderate, was a yea on the motion. Et tu, Nancy?

It bears noting that the Democrats had met as a group earlier that day and emerged with a consensus that they would not be helping McCarthy out. There was simply too much bad blood, from his kissing Trump’s ring two weeks after condemning him for January 6; to his reneging on the budget deal struck in May; to his launch of an impeachment inquiry against Joe Biden based on nothing but speculation; to his blaming the Democrats for the near shutdown of the government, when it was Democrats who had kept it open. They simply did not trust him and saw no reason to throw him a lifeline. In fact, he never even asked for help from them directly, though his minions reportedly made a series of calls begging moderate Democrats to save him.

After the vote, several members of the House Republican caucus gathered in a group to pray on the House floor, while Rep. Ann Wagner (R-MO), wept openly. It was quite a fall for Rep. Wagner, who had triumphantly spearheaded two anti-abortion measures earlier in the year with Speaker McCarthy’s blessing.

McCarthy’s loss of the speakership leaves the GOP caucus effectively without leadership, at a time when appropriations remain largely unfinished.

The Speaker pro tempore

The gavel is currently in the hands of a caretaker Speaker pro tempore, Patrick T. McHenry (R-NC), who gaveled out the evening with such ferocity that he damn near cracked the thing. It’s a good thing men aren’t emotional in politics.

McHenry is supposed to hold the position only so long as it takes to elect a new speaker, and to wield the gavel only for purposes of getting this done. But he couldn’t help but act like yet another petulant man-baby, ordering Speaker Emeritus Nancy Pelosi to clear out her office in the Capitol building and relocate to the Cannon Building. Pelosi issued a response:

With all of the important decisions that the new Republican Leadership must address, which we are all eagerly awaiting, one of the first actions taken by the new Speaker Pro Tempore was to order me to immediately vacate my office in the Capitol. Sadly, because I am in California to mourn the loss of and pay tribute to my dear friend Dianne Feinstein, I am unable to retrieve my belongings at this time.

Petty moves aside, McHenry won’t have any real power to push legislation through, and few even inside the GOP would likely stand for him seeking to assert himself in any way except as a momentary caretaker.

So what happens next?

With McCarthy out, the GOP is back to where it was in January, without the numbers to put someone over the top. One key piece of news that already broke: McCarthy won’t be running for the job again.

That leaves a number of possible replacements. The No. 2 in the House is Rep. Steve Scalise (R-LA), who is well liked but faces health challenges, as he is currently undergoing treatment for blood cancer. Other names that have bubbled up include Rep. Jim Jordan (R-OH), Elise Stefanik (R-NY) and the No. 3 guy in charge of this mess, Tom Emmer (R-MN).

There is no consensus candidate as of this moment. The House GOP members scattered to their districts on Tuesday night after the debacle, giving a cooling off period before they regroup next week.

Isn’t the devil we know better?

There is considerable and understandable consternation that we might wind up with someone worse than McCarthy, whose feckless cowardice at least led to predictable capitulations and back to the inevitable point of political equilibrium.

But it’s also fair to say that even someone more extreme, like a Jim Jordan, couldn’t actually do anything with this fractured majority beyond what McCarthy already did with it. A House majority without a Senate in concurrence can accomplish little other than hearings and inquiries, which is what the GOP has been up to for months already with nothing to show for it. Handing the keys to the bus to someone else who doesn’t know how to drive isn’t going to keep the party from catastrophe next November.

It also might take some time before they can coalesce around a new leader. Extremists want someone to the right of McCarthy, but moderates might never support such a candidate. And even assuming they did, the party would quickly find itself exactly where it is now: facing a government shutdown while it tries to renege on a deal already agreed to, and up against a Democratically-controlled Senate ready to get on with the business of governing.

The political fallout

The collapse of GOP leadership in the House likely will become a central talking point for Democrats for the 2024 elections. The GOP brand is already badly tarnished by everything from anti-abortion extremism to election denialism to authoritarian suppression.

One thing is clear, however: It was Trump, acting behind the scenes by pressing extremists to hold the line against the budget, who is in large part to blame for the destruction of the House GOP caucus. He won’t take ownership of that, of course, but the amount of damage he has inflicted upon his own party cannot be overstated.

And in a weird twist, some members of the far-right are moving to nominate Donald Trump as Speaker. Rep. Troy Nehls (R-TX) announced late Tuesday he will file paperwork to nominate the former president to be the next Speaker, who in fact doesn’t have to be a member of the body to preside as Speaker. In the past Trump has said he would not be interested in the job, so it’s unclear whether he would take such a nomination seriously. But it does demonstrate how rudderless and leaderless the House GOP caucus is that they once again turn to their Dear Leader to beg him to rescue them. (Trump of course wouldn’t know the first thing about how to act as Speaker, or move legislation through, or count votes, nor would he have time to learn the ropes given his trial schedule. Perhaps they could recruit his son Eric, who at least is foolish enough to accept and might soon have nothing to do because all his businesses have had their certificates to operate in the state canceled.)

That plan might run smack into the GOP’S own House rules, though, which requires leadership to step aside if indicted for a felony with a punishment of more than two years.

Returning to the scorpion and frog fable, and looking back at his tragic and brief tenure, McCarthy’s political death was inevitable. The moment he began to negotiate with the caucus terrorists in order to secure his seat, he sowed the seeds of his ultimate destruction. After all, under the terms of his parole, a single missed frog step could bring down a motion to vacate by a single member. By May, McCarthy had already committed the giant sin of compromising with the Democrats in a near evenly divided government, and a few months later, a single MAGA scorpion planted its stinger right into his back.

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

Of course, it’s supreme irony that about the only responsible leadership action McCarthy took during his short tenure as speaker led to his demise at the hands of the GOP anti-American nihilists whom he coddled and ingratiated himself with to get the job in the first place!

At some point, the anti-American GOP voters who put these dangerous, yet cowardly, spineless, and valueless, nut cases into positions of influence have to be held accountable, if only by history! 🏴‍☠️

🇺🇸 Due Process Forever!

PWS

10-04-23

BAKUNINIST — One who advocates revolutionary anarchism.

Jackie Calmes in the LA Times:

🇺🇸 Due Process Forever!

Related posts:

Ariana Figueroa reports for Source New Mexico:

🇺🇸 Due Process Forever!

Related posts:

From Robert Reich on Substack:

From Kelly Bouchard in the Portland Press Herald:

Grace Benninghoff in the Portland Press Herald:

Abstract of Austin Kocher, PhD’s article “Welcoming the stranger in Trump’s America: Notes on the everyday processes of constructing and enduring sanctuary:”

🇺🇸 Due Process Forever!

Related posts:

🇺🇸 Due Process Forever!

Related posts:

Nick Miroff in WashPost:

The expensive futility of the wall and border barriers might pale in comparison with the human damage to both migrants and our nation’s soul, according to this interview with border physicians by Melissa Del Bosque in The Border Chronicle:

🇺🇸 Due Process Forever!

Related posts:

From AP:

🇺🇸 Due Process Forever!

Related posts:

🇺🇸 Due Process Forever!

Related posts:

🇺🇸 Due Process Forever!

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Todd Miller in The Border Chronicle:

🇺🇸 Due Process Forever!

Related posts:

🇺🇸 Due Process Forever!

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Lauren Lumpkin writes in WashPost:

🇺🇸Due Process Forever!

Related posts:

Stephanie writes in The Hill:

🇺🇸 Due Process Forever!

Related posts:

Jason writes:

🇺🇸 Due Process Forever!

Related posts:

From Reuters:

Overview

Political Repression and Human Rights

Crime and Insecurity

Economic Collapse

Health Crisis

Food Insecurity

Heavy Rains and Flooding

🇺🇸 Due Process Forever!

Related posts:

Jay Kuo in “The Status Kuo” on Substack:

🇺🇸 Due Process Forever!

Related posts: