"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
Here is the guidance memorandum published by MD Attorney General Brian Frosh on state and local cooperation with ICE:
http://www.marylandattorneygeneral.gov/Reports/Immigration_Law_Guidance.pdf
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Many thanks to Dan Kowalski at LexisNexis and Professor Elizabeth Keyes at the University of Baltimore School of Law for bringing this to my attention.
PWS
05-16-17
“Send In The Clowns” written by Stephen Sondberg, sung by Barbara Streisand, check it out here:
Daniel W. Drezner writes in the Washington Post:
“Trump’s alleged screw-up with the Russians reveals yet again what we have learned many times in the last four months: The successful operation of our government assumes a minimally competent Chief Executive that we now lack. Everyone else in the executive branch can be disciplined or fired or worse when they screw up by, say, revealing classified information or lying about some important public policy issue. But the President cannot be fired; we are stuck with him for 3 1/2 more years unless he is impeached, which remains a long-shot.
The president is a vainglorious clown trying to act like a world-historical figure and revealing himself to be a bad salesman. His staff lacks both the competence and the ability to rein him in. And now he has gone from puzzling allied nations to alienating them.
After nearly four months as president, there is little evidence of growth or change from the president. There is only the beclowning. For the United States, the next few years will be nothing better than an exercise in damage control.”
Read Drezner’s complete op-ed here:
https://www.washingtonpost.com/posteverything/wp/2017/05/16/the-continued-beclowning-of-the-trump-administraton/?hpid=hp_regional-hp-cards_rhp-posteverything%3Ahomepage%2Fcard&utm_term=.4021906e46fa
🤡🤡🤡🤡🤡🤡🤡🤡🤡🤡🤡🤡🤡🤡🤡🤡🤡🤡🤡🤡🤡🤡🤡🤡
And, the show hardly ends with the White House. One of my soon to be retired former colleagues referred to the situation in the local Immigration Court as “the circus!”🤡🎪🤹♂️
PWS
05-16-17
Brooks writes in this NY Times op-ed:
“At certain times Donald Trump has seemed like a budding authoritarian, a corrupt Nixon, a rabble-rousing populist or a big business corporatist.
But as Trump has settled into his White House role, he has given a series of long interviews, and when you study the transcripts it becomes clear that fundamentally he is none of these things.
At base, Trump is an infantalist. There are three tasks that most mature adults have sort of figured out by the time they hit 25. Trump has mastered none of them. Immaturity is becoming the dominant note of his presidency, lack of self-control his leitmotif.
First, most adults have learned to sit still. But mentally, Trump is still a 7-year-old boy who is bouncing around the classroom. Trump’s answers in these interviews are not very long — 200 words at the high end — but he will typically flit through four or five topics before ending up with how unfair the press is to him.
. . . .
Second, most people of drinking age have achieved some accurate sense of themselves, some internal criteria to measure their own merits and demerits. But Trump seems to need perpetual outside approval to stabilize his sense of self, so he is perpetually desperate for approval, telling heroic fabulist tales about himself.
“In a short period of time I understood everything there was to know about health care,” he told Time. “A lot of the people have said that, some people said it was the single best speech ever made in that chamber,” he told The Associated Press, referring to his joint session speech.
. . . .
Third, by adulthood most people can perceive how others are thinking. For example, they learn subtle arts such as false modesty so they won’t be perceived as obnoxious.
But Trump seems to have not yet developed a theory of mind. Other people are black boxes that supply either affirmation or disapproval. As a result, he is weirdly transparent. He wants people to love him, so he is constantly telling interviewers that he is widely loved. In Trump’s telling, every meeting was scheduled for 15 minutes but his guests stayed two hours because they liked him so much.
. . . .
We’ve got this perverse situation in which the vast analytic powers of the entire world are being spent trying to understand a guy whose thoughts are often just six fireflies beeping randomly in a jar.
“We badly want to understand Trump, to grasp him,” David Roberts writes in Vox. “It might give us some sense of control, or at least an ability to predict what he will do next. But what if there’s nothing to understand? —
And out of that void comes a carelessness that quite possibly betrayed an intelligence source, and endangered a country.”
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Read Brooks’s entire article at the link.
My wife Cathy, a retired preschool teacher, has been saying for some time now that Trump’s behavior reminds her of the four-year-olds that she used to deal with on a daily basis. I guess Brooks has the same impression.
PWS
05-16-17
Gene Johnson for AP reported in the Washington Post:
“SEATTLE — Federal judges on Monday peppered a lawyer for President Donald Trump with questions about whether the administration’s travel ban discriminates against Muslims and zeroed in on the president’s campaign statements, the second time in a week the rhetoric has faced judicial scrutiny.
Acting Solicitor General Jeffrey Wall, defending the travel ban, told the three-judge panel of the 9th U.S. Circuit Court of Appeals that the executive order should be reinstated because it falls well within the president’s authority.
“No one has ever attempted to set aside a law that is neutral on its face and neutral in its operation on the basis of largely campaign trail comments made by a private citizen running for office,” he said.
Further, Wall said the president had backed off the comments he made during the campaign, clarifying that “what he was talking about was Islamic terrorist groups and the countries that sponsor or shelter them.”
Neal Katyal, who represented Hawaii, a plaintiff in the lawsuit, expressed disbelief at that argument and said Trump had repeatedly spoken of a Muslim ban during the presidential campaign and after.
“This is a repeated pattern of the president,” Katyal said.
The 9th Circuit panel was hearing arguments over Hawaii’s lawsuit challenging the travel ban, which would suspend the nation’s refugee program and temporarily bar new visas for citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen. The judges will decide whether to uphold a Hawaii judge’s decision in March that blocked the ban.
Last week, judges on the 4th Circuit Court of Appeals heard arguments over whether to affirm a Maryland judge’s decision putting the ban on ice. They also questioned whether they could consider Trump’s campaign statements, with one judge asking if there was anything other than “willful blindness” that would prevent them from doing so.
Dozens of advocates for refugees and immigrants rallied outside the federal courthouse in Seattle, some carrying “No Ban, No Wall” signs.”
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Read the entire article at the link. Challenges to District Court orders enjoining parts of “Travel Ban 2.0” are pending on both coasts — in the 9th Circuit and the 4th Circuit. stay tuned!
PWS
05-16-17
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Transactional Records Access Clearinghouse
==========================================FOR IMMEDIATE RELEASEGreetings. During the past 18 months, a total of 79 new judges have been appointed to the Immigration Court. Despite this spurt in hiring, it has not made a dent in the court’s mountainous backlog. Instead, the backlog along with wait times have steadily increased.As of the end of April 2017, the number of cases waiting for a decision had reached an all-time high of 585,930. Nine courts that account for a quarter of this backlog currently require some individuals to wait for more than four additional years before a hearing is scheduled. The Immigration Court in San Francisco with nearly 42,000 backlogged cases has some cases waiting for more than five additional years – as much as 1,908 days longer – for their July 21, 2022 hearing date.These extraordinary wait times imply that some individuals are not scheduled to have their day in court until after President Trump’s current four-year term in office has ended. And we are only a little more than 100 days into his four-year term.
How quickly a case can be heard varies by court location, and the priority assigned to the case. Individuals detained by ICE are generally given priority and their cases are heard more quickly. Thus, there is tremendous variation in scheduled wait times from an average of 22 days for the Immigration Court hearing cases in the Cibola County Correctional Center in Minnesota, to 1,820 average days for individuals heard by the Immigration Court sitting in Chicago, Illinois.
These findings are based upon the very latest case-by-case court records – current through the end of April – that were obtained under the Freedom of information Act and analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University.
To see the full report, including the backlog and wait until hearings are scheduled for individual Immigration Court hearing locations, go to:
http://trac.syr.edu/immigration/reports/468/
In addition, many of TRAC’s free query tools – which track new DHS filings, court dispositions, the handling of juvenile cases and much more – have now been updated through April 2017. For an index to the full list of TRAC’s immigration tools go to:
http://trac.syr.edu/imm/tools/
If you want to be sure to receive notifications whenever updated data become available, sign up at:
http://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1&list=imm
or follow us on Twitter @tracreports or like us on Facebook:
http://facebook.com/tracreports
TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the U.S. federal government. To help support TRAC’s ongoing efforts, go to:
http://trac.syr.edu/cgi-bin/sponsor/sponsor.pl
David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
Suite 360, Newhouse II
Syracuse, NY 13244-2100
315-443-3563
_______________________________________________
The Good
It was a great conference in a great location — Denver. Lots of restaurants and things to do (although I was actually too busy to get out much).
Hats off to Conference Co-Chairs Barry Frager and the Honorable Lawrence O. (“The Burmanator”) Burman for putting the whole thing together and pulling it off without a hitch. Judge Burman, one of the few real judicial leaders at EOIR, also serves as the Chair of the Immigration Law Section (“ILS”) and editor of the outstanding newsletter, The Green Card.
An impressive group of approximately 400 attended, consisting of private practitioners, NGO lawyers, government attorneys, and several Federal Judges. They came from across the country. They heard from a faculty of dozens of experts covering 60 separate learning sessions over two days.
I particularly enjoyed catching up with old friends like fellow retired U.S. Immigration Judges Joan Churchill, Eliza Klein, and Bill Joyce and my former BIA colleague, Judge Lory Rosenberg. I was pleased to serve with Lory as the other member of the Due Process Panel, and I want to thank her for her very kind remarks about me.
A number of folks commented that they had never seen a happier and more relaxed group of Immigration Judges than our “Gang of Four” retired jurists. I should add that Bill and Eliza are both still actively practicing law, while Joan and I have chosen different retirement paths.
I loved the tremendous energy and spirit that the many younger practitioners brought to the conference. As I pointed out in my three presentations, never has the need for skilled immigration lawyers, ready to strongly and courageously fight the battle for due process, been greater. As one panelist put it, this is the time to show off and improve real legal skills and display creativity and toughness in conducting aggressive litigation in an era where the Government is seeking and intentionally provoking confrontation. Enjoy the moment! And these folks are ready to step up to the plate and give the Trump Administration’s anti-immigrant agenda all it can handle on every front.
It was heartening to see many “charter members” of the “New Due Process Army” (“NDPA”) — folks like Alex Ribe, Claudia Cubas, Eileen Blessinger, Jillian Blake, Robyn Barnard, Paromita Shah, and others — participating in the activities. I believe I also got some “new recruits” for the NDPA.
I’m already looking forward to next year in Memphis!
The Bad
Although The Office of Immigration Litigation (“OIL”), the DHS, U.S. Attorneys, and U.S. Magistrates participated in the panels, not a single current EOIR employee was on the faculty, although a number had been invited. The local U.S. Immigration Judges were “no shows,” although they would have had much to offer the group and vice versa.
Only a handful of EOIR employees attended, in their “personal capacities” and at their own expense. A troubling performance from an agency that amazingly cancelled their badly needed judicial training conference. And, the FBA is the only nationwide bar association concentrating on Federal Practice that encourages and makes possible full membership by both Federal employees and private sector attorneys.
The Ugly
In three words: “The Immigration Courts.” Everyone there, including government attorneys, has been affected in one way or another by the ridiculous backlog of non-detained cases. My references to “ADR” – aimless docket reshuffling – and feeling like I was in “Clown Court” some days struck a real chord with the audience.
Almost every session I attended was replete with descriptions of inappropriate behavior from several courts, Charlotte and Atlanta in particular. Things like Immigration Judges going off record and saying that they didn’t believe in A-R-C-G- (asylum for domestic violence) or asylum for Central Americans. Rude and intimidating treatment of counsel, failure to listen to arguments, unwillingness to grant bond, applying wrong legal standards, and inappropriately going “off record” were among the “horror stories” mentioned. It’s quite obvious that Atlanta and Charlotte, among others, are failing to follow the generous standards for granting asylum set forth by the Supreme Court in Cardoza-Fonseca and reinforced by the BIA in Mogharrabi.
It’s not about what an Immigration Judge personally believes. It’s about fairly and impartially applying the law, particularly to those needing protection. Gosh, I often had to apply BIA precedents that I not only disagreed with, but where I had actually dissented from the majority decision. But, the job of a judge is to follow the law, whether one likes it or not.
Much of the blame goes to the BIA. It sometimes appears to me that certain BIA Appellate Immigration Judges and panels are committed neither to enforcing due process nor their own precedent in Mogharrabi. Some folks are fortunate enough to be in Circuits that hold the BIA to the appropriate standards; others labor away in Circuits that have “blown off” their judicial review function by ”over-deferring” to the BIA. Clearly, the BIA has lost sight of its vision of “being the world’s best administrative tribunals guaranteeing fairness and due process for all.”
In any event, while some of the behavior issues could perhaps be addressed by EOIR management through the complaint system, that won’t solve the problem. Only the BIA has the ability to correct incorrect applications and attitudes about the law and due process in the U.S. Immigration Courts. Only the BIA can bring “outlier courts” – those with far too many asylum denials – into line with the law.
As I gave my keynote speech involving the history of EOIR, it occurred to me that EOIR, quite sadly, was actually returning to what the Immigration Courts were before the “spinoff” from the “Legacy INS:” inbred, staffed almost exclusively with former prosecutors, not user friendly, mismanaged, lacking necessary technology, and essentially being used as a tool for immigration enforcement. In other words, there is a notable lack of judicial independence. Very sad. It appears that as an due process oriented court system, EOIR has “run its course” in the DOJ and is now returning to it’s origins as a captive of the enforcement system.
The Immigration Courts’ problems have been aggravated by DHS leadership’s apparent decision to limit “prosecutorial discretion,” discourage cooperation and stipulation, and to “go to the mat” on everything. At a time when DHS should be looking for ways to get cases off the dockets, they instead appear to be looking for ways to jam the docket even fuller with cases, many of which are unlikely to be resolved in the next decade.
PWS
05-16-17
http://www.cnn.com/2017/05/15/opinions/sessions-is-wrong-rand-paul-opinion/index.html
Sen. Rand Paul writes in an op-ed for CNN:
“The attorney general on Friday made an unfortunate announcement that will impact the lives of millions of Americans: he issued new instructions for prosecutors to charge suspects with the most serious provable offenses, “those that carry the most substantial guidelines sentence, including mandatory minimum sentences.”
Nolan writes:
“On May 11, 2017, Attorney General Jeff Sessions made an appearance before Customs and Border Protection officers at the U.S.-Mexico border to announce the issuance of new guidance to federal prosecutors on criminal immigration enforcement.
It is here, along this border, he said, that transnational gangs like MS-13and international cartels flood our country with drugs. They leave death and violence in their wake. “And it is here that criminal aliens and the coyotes and the document forgers seek to overthrow our system of lawful immigration.”
“I am here to tell you, the brave men and women of Customs and Border Protection: we hear you and we have your back.”
The president has made enforcement of our immigration laws a priority, and we are seeing the results already. Illegal crossings dropped by 40 percent from January to February of this year, and last month, we saw a 72 percent drop compared to the month before the president was inaugurated. This is the lowest monthly figure in the last 17 years.
It is “the Trump era.” The days of abdicating our duty to enforce the immigration laws are over.
. . . .
Sanctuary cities ‘harboring‘ aliens: Trump’s next immigration target?
The harboring provision provides criminal penalties for concealing, harboring, or shielding aliens from detection knowing that they are in the United States illegally.
Harboring that results in the death of any person, may “be punished by death or imprisoned for any term of years or for life.”
The harboring provision does not specify what actions constitute “harboring,” and the courts have not settled on one uniform definition.
According to the Second Circuit, it encompasses “conduct tending substantially to facilitate an alien’s ‘remaining in the United States illegally,’ provided that the person charged has knowledge of the immigrant’s unlawful status.”
Isn’t that what officials in sanctuary cities are doing when they take affirmative steps to help undocumented aliens to remain in the United States unlawfully? “
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Read Nolan’s entire article over on The Hill at the link.
I’m skeptical that anything “sanctuary cities” are doing could be prosecuted as “harboring.”
PWS
05-16-17
From the NYT. Hard to tell spoof from reality in the Trump Circuis.
PWS
05-15-17
D.C. Superintendent Hanseul Kang writes in the Washington Post:
“The mother was serious as she approached the principal of her daughter’s D.C. school. Would the principal consider becoming her child’s legal guardian in the event she was deported, so her daughter, a U.S. citizen, could stay in the country?
It was a surreal question but one rooted in real fear.
The political rhetoric about immigration, along with high-profile enforcement actions by Immigration and Customs Enforcement, has instilled palpable anxiety in immigrant families across the country, elevating a background level of uncertainty to an urgent concern. In the days after an ICE raid in Las Cruces, N.M., in February, more than 2,000 students were kept home from school. A Los Angeles community is reeling after ICE agents arrested a father moments after he dropped off his 12-year-old daughter at school.
Confusion is exacerbating fear, especially in young children, who may not fully understand the concepts of countries, borders and citizenship. During a class discussion at that same D.C. school, a student worried aloud that he’d be forced to move back to where he came from. When asked where he was from, he said Florida.
We haven’t seen any spikes in absences in the District, where Mayor Muriel Bowser has affirmed her commitment to being a sanctuary city and protecting the rights of immigrant residents. But ICE arrested 82 people in the region in a five-day sweep last month. Our schools have hosted “know your rights” workshops and fielded questions from panicked parents. At one meeting I attended, teachers pledged to parents that they would be arrested themselves before allowing ICE officials into the building. Still, it’s hard for families to know whom to trust.
I have some sense of what that’s like.
I was born in South Korea and came to the United States when I was 7 months old, on Christmas Eve, 1982. When I was 16 — excited to get a driver’s license and apply to college — I learned that I was undocumented.
In one afternoon, my world turned upside down. With all the trappings of a high school overachiever, I had assumed I could attend pretty much any college or university. But without access to federal financial aid, I might not be able to go at all. I couldn’t work, couldn’t drive, couldn’t travel outside the country. Even worse was the terrifying possibility that my family might be discovered and deported.
. . . .
That is my concern about the impact of this latest shift in rhetoric and policy on immigrants: that as a country we will convey, especially to our students, that we question their value and their abilities. Not only is that message dehumanizing, but it discourages the talent and leadership we need to continue to thrive as a nation. Even as many have spoken out in support of preserving Deferred Action for Childhood Arrivals, I worry that in advocating for a small exception to U.S. immigration policy — albeit for young people in a uniquely vulnerable position, those who came to the United States without legal documentation, or who fell out of legal status, as children — we miss the broader value of immigrants to our country.
Educators can be an important source of support for students and their families. They were for me. But it should not fall on an individual principal or teacher to protect a child or a family from immigration enforcement, and no parent should have to ask them to. We have to do better for our students and for our nation.”
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Superintendent Kang is a wonderful example of why Jeff Sessions and his white nationalist cohorts are wrong in failing to value the contributions of all types of migrants to the prosperity and success of the US. What kind of nation, with what kind of national values, intentionally creates a climate of fear among its youth who are the hope for the future?
PWS
05-13-17
https://www.washingtonpost.com/local/public-safety/us-judge-in-dc-signals-readiness-to-become-third-to-order-halt-to-revised-trump-travel-ban/2017/05/11/af41537e-365f-11e7-b412-62beef8121f7_story.html?utm_term=.525536a419ad
Spencer Hsu reports in the Washington Post:
“A federal judge in Washington on Thursday signaled her willingness to become the third judge nationwide, if needed, to order a halt to President Trump’s revised executive order banning new visas and immigration from six Muslim-majority countries.
U.S. District Judge Tanya S. Chutkan postponed ruling on two combined challenges to the White House action by Iranian-American organizations and a Shi’a Muslim group, saying she would wait for decisions expected after federal appeals courts arguments this month on halts imposed March 15 by judges from Hawaii and Maryland.
But Chutkan said she was persuaded by arguments that the groups’ missions and the lives of more than a dozen individual plaintiffs would be unconstitutionally harmed by the travel ban.
“Upon consideration of the parties’ submissions, the court is inclined to agree with Plaintiffs that they are likely to succeed on the merits of their claims. However … The existence of two other nationwide injunctions temporarily casts uncertainty on the issue of whether the harms Plaintiffs allege are actually imminent or certain,” Chutkan wrote in a two-page order that did not delve into the arguments.
A 13-judge panel of the U.S. Court of Appeals for the 4th Circuit in Richmond is expected to issue a ruling after becoming the first appellate court to hear arguments on the question Monday. Arguments before a three-judge panel of the 9th Circuit in San Francisco are set for May 15, Chutkan noted.
She concluded: “In the event that both existing injunctions are overturned, this court is prepared to issue a ruling without delay.”
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Looks like this issue is unlikely to go away any time soon. The Trump Administration is fueling a litigation bonanza for lawyers.
PWS
05-13-17
Tom Hamburger reports in the Washington Post:
“An ethics watchdog group filed a complaint against Attorney General Jeff Sessions on Friday alleging that his participation in the firing of FBI Director James B. Comey violated Justice Department rules and Sessions’s promise to recuse himself from matters involving Russia.
“Firing the lead investigator is the most extreme form of interfering with an investigation,” wrote Fred Wertheimer, who signed the six-page complaint on behalf of his organization, Democracy 21.
The filing asked the Justice Department’s Office of Professional Responsibility to investigate the matter and issue a public report — and to take additional action.
“Immediately, we call on OPR to take all necessary steps to ensure that the Attorney General withdraws from any participation in the selection of an interim or permanent Director of the FBI,” the complaint said.
When President Trump fired Comey on Tuesday, he announced that he had consulted with Sessions and the department’s No. 2 official, Deputy Attorney General Rod J. Rosenstein.
Wertheimer, who has worked on ethics issues since the Watergate scandal, said the attorney general’s participation in the Comey firing violated Justice Department rules requiring staffers to recuse themselves from any criminal inquiry in which they have a “personal or political relationship.”
He pointed out that Sessions is a potential subject of a Russia inquiry since he met with the Russian ambassador in 2016. In addition, the complaint notes that during his Senate confirmation hearings Sessions agreed to recuse himself from “any investigations into Hillary Clinton’s emails.”
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Read the entire article at the above link.
By the time he’s done, there might be a whole division of the DOJ busy investigating complaints against Sessions.
PWS
05-13-17
Barr writes in an op-ed:
William Barr was U.S. attorney general from 1991 to 1993.
“Having served as both attorney general and deputy attorney general in the Justice Department, I had responsibility for supervising the FBI, working on virtually a daily basis with its senior leadership. From that experience I came to understand how fortunate we are as a nation to have in the FBI the finest law-enforcement organization in the world — one that is thoroughly professional and free of partisanship. I offer this perspective on President Trump’s removal of FBI Director James B. Comey.
Comey is an extraordinarily gifted man who has contributed much during his many years of public service. Unfortunately, beginning in July, when he announced the outcome of the FBI investigation into Hillary Clinton’s use of a private email server while secretary of state, he crossed a line that is fundamental to the allocation of authority in the Justice Department.
While the FBI carries out investigative work, the responsibility for supervising, directing and ultimately determining the resolution of investigations is solely the province of the Justice Department’s prosecutors. With an investigation as sensitive as the one involving Clinton, the ultimate decision-making is reserved to the attorney general or, when the attorney general is recused, the deputy attorney general. By unilaterally announcing his conclusions regarding how the matter should be resolved, Comey arrogated the attorney general’s authority to himself
It is true, as I pointed out in a Post op-ed in October, that Attorney General Loretta E. Lynch, after her tarmac meeting with Bill Clinton, had left a vacuum by neither formally recusing herself nor exercising supervision over the case. But the remedy for that was for Comey to present his factual findings to the deputy attorney general, not to exercise the prosecutorial power himself on a matter of such grave importance.
Until Comey’s testimony last week, I had assumed that Lynch had authorized Comey to act unilaterally. It is now clear that the department’s leadership was sandbagged. I know of no former senior Justice Department official — Democrat or Republican — who does not view Comey’s conduct in July to have been a grave usurpation of authority.
. . . .
It is telling that none of the president’s critics are challenging the decision on the merits. None argue that Comey’s performance warranted keeping him on as director. Instead, they are attacking the president’s motives, claiming the president acted to neuter the investigation into Russia’s role in the election.
The notion that the integrity of this investigation depends on Comey’s presence just does not hold water. Contrary to the critics’ talking points, Comey was not “in charge” of the investigation.
. . . .
According to news reports, the investigation is in full swing, with the Justice Department using a grand jury to subpoena relevant information, indicating a degree of thoroughness not evident in the investigation into Clinton’s email server. Comey’s removal simply has no relevance to the integrity of the Russian investigation as it moves ahead.”
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Read Barr’s entire op-ed at the link.
So, according to Barr, that the Administration lied about the real reasons for firing Comey, the Russia investigation, should be of no concern to us. We should be reassured because the investigation is proceeding under the direction of DOJ underlings, who owe their continued employment to Jeff Sessions and report to DAG Rod “The Dupe” Rosenstein, who helped the White House provide a “non-Russian” rationale for the firing, which Trump later repudiated. And, we should believe that the Director of the FBI was not “in charge” of the Bureau’s most significant and high-profile investigation. So then, it doesn’t make any difference who Trump picks for the next Director because he (or she) will just be a figurehead, having no responsibility for the work of subordinates.
Wow! Why have an FBI Director at all, if you believe Barr. Maybe you buy Barr’s reasoning, but I don’t. In fact, I find his entire argument highly disingenuous.
PWS
05-13-17
Abby Phillip writes in the ‘Washington Post:
“Once again, Vice President Pence was out on a limb.
A day after President Trump fired FBI Director James B. Comey, his vice president stared into a television camera, surrounded by a gaggle of reporters on Capitol Hill, and cited the president’s decision to rely on the counsel of his advisers as proof of his “strong” leadership.
“President Trump made the right decision at the right time to accept the recommendation of the deputy attorney general and the attorney general to ask for the termination” of Comey, Pence said.
But that wasn’t true.
Trump told NBC News in an interview the next day that he had not relied on the lengthy letter written by Deputy Attorney General Rod J. Rosenstein to make his decision, but rather that his mind had been made up before the letter existed.
Pence also had insisted that Trump’s decision was not influenced by his disapproval of the ongoing investigation into the Trump campaign’s ties to Russia — another statement contradicted by Trump in the NBC interview.
“In fact, when I decided to just do it, I said to myself, I said, ‘You know, this Russia thing with Trump and Russia is a made-up story, it’s an excuse by the Democrats for having lost an election that they should have won,’ ” the president said.
Aides declined to comment about when the vice president learned that Trump had decided to fire Comey.
Since his selection as vice president, Pence has been unflagging in his loyalty and deference to Trump. But in return, the president and White House aides have repeatedly set Pence up to be the public face of official narratives that turn out to be misleading or false.
It is a risk that comes with this high-wire presidency, where talking points and game plans nearly always have an unknown expiration date and where missing meetings can mean being out of the loop when critical decisions are made. The greatest disrupter of all is the president himself, who regularly — and without warning — throws out the communications playbook in favor of his own approach.”
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I guess this is an “occupational hazard” of pledging eternal fealty to a guy who lacks human values and cares only about himself. Still, if Trump finally shoots himself in the foot enough times to get thrown out of office, Pence will get the “last laugh” by becoming President. And, then we’ll all see how horrible and inhumane Pence’s policies and beliefs are in their own right. Which is worse: badly misguided beliefs or no beliefs at all? Tough choice!
PWS
05-12-17
“In a church hall in Northern Virginia, a father of two named Jose sat at a long table and stared at the legal document before him. It was a road map for life without him.
He initialed the clause that said that if he and his wife were arrested or deported, the person they were choosing as a guardian for their girls would make decisions about their schooling.
With his index finger tracing each line, he read how the guardian would bring the girls to school and day care, decide who will pick them up, and have the power to book airline tickets on their behalf so the children could reunite with their parents in Central America.
The next line highlighted the power to make decisions if either girl was hospitalized. At this, Jose froze.
“That’s when they need me,” he said to himself. “What if I’m not there?”
It is a question thousands of undocumented immigrants are asking across the United States, in the apple orchards outside Spokane, Wash., the blueberry fields near Grand Rapids, Mich., and at churches and community centers in Maryland and Virginia.
On Spanish-language television and online, immigration lawyers and foreign consulates are responding to a widely publicized immigration crackdown by the Trump administration, and urging undocumented parents who could be deported to leave clear instructions for their bank accounts, real estate holdings and — most of all — their children.
About 5.1 million children in this country have a parent who is here illegally, according to estimates from the Migration Policy Institute. Nearly 80 percent of those children are U.S. citizens.
Hector Quiroga, a Spokane immigration lawyer, said that after Trump took office his call volume peaked at 300 calls a day from people seeking to protect their children and assets. He hired three new secretaries, but could not keep up. Then he posted the instructions for selecting a guardian online. The video had been viewed more than 35,000 times.
“People are petrified,” Quiroga said. “They’re desperately trying to get these documents.”
Lawyers caution that custody rules vary by state, and they are urging parents to consult with nonprofits and family lawyers before signing any documents. In Virginia, for instance, immigrants can assign temporary caretakers for their children by signing powers of attorney documents before a licensed notary. But in Maryland, someone designated by the parents would have to go to court to seek guardianship.
Even in states where the laws are complex, lawyers say parents should craft an emergency plan that appoints someone to take charge if they are detained.
“I would definitely say to take the safety precautions,” said Michelle Mendez, an attorney with Catholic Legal Immigration Network Inc., based in Baltimore. “Anybody can get detained and deported right now.”
That was clear to Jose and his wife, GG, as they watched news footage of immigration arrests in the weeks after Trump’s inauguration, sitting on pushed-together couches in the living room of the tidy Northern Virginia colonial they share with their daughters, Jose’s parents and his sister and her family.
Jose is a welder from El Salvador. GG, from Honduras, works at McDonald’s. The couple asked that their full names not be published, out of fear that such exposure would make it easier for deportation agents to find them.”
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Read the rest of the story at the link.
For the sake of their descendants, immigration “hardliners” had better hope that these U.S. citizen kids grow up to more generous and humane than the “hardliners” have been. “Alienating” a significant portion of our younger generation of Americans can never be a good idea.
PWS
05-12-17
