[U, X2] TRO Briefs — In New “East Bay Sanctuary” Case Due Tomorrow By 5 PM PDT… Trump Will Lose, Again

July 18, 2019 - Leave a Response

Updated Friday night, @ 8 PM EDT — 7.19.19: The government’s specious brief — 36 pages of it, is now on file — and it fails to explain where, by simple rule, Trump finds the power to expressly contradict the guarantees of 8 U.S.C. § 1231(b)(3), 8 U.S.C. §§ 1158(a)(1), (a)(2)(A), and (b)(2)(A)(vi) — especially where § 1158(b)(2)(C) says the former provisions may not be contradicted, by rule — any additions must be consistent with them. These proposed additions, plainly are not. End, update.

Earlier Thursday update: Since the rain stopped, and the sun burst through, I had to hop on my bike, ride to the lake, and get some “wave therapy” — to counter-balance all the endless Trumpian racism. So, as a PSA — here is a dose of. . . wave therapy [Slim Freedom on vocals]. Hoping to rebalance the Universe, these waves are the result of “timeless raindrops, over rocks. . . from the basement of time” — and the vocals rise, from beneath them: Be brave. Be strong. Persist. Resist.:

Now the battle is joined, in full. The able Judge Tigar will hear the plaintiffs’ motion for a TRO halting the Trump “rule” in six days.

By late next Wednesday, Trump will be enjoined here. Here’s a bit, from the scheduling order entered overnight:

. . .Responses due by 7/19/2019 by 5:00 PM.

Replies due by 7/21/2019 by 5:00 PM.

Administrative record due by 7/23/2019 at 5:00 PM.

Motion Hearing set for 7/24/2019 09:30 AM in San Francisco, Courtroom 09, 19th Floor before Judge Jon S. Tigar.

Signed by Judge Jon S. Tigar on July 18, 2019. . . .

Now you know.

More generally, with Trump allowing racist / nativist chants at his rallies — and encouraging them, by pausing his speech for 13 seconds, while the chanting continued — then resuming his attack, without any added commentary. . . on the fine US Representative from Minnesota. . . we as a nation, have crossed an important and foreboding barrier, as of last evening in the Carolinas.

Any person not loudly decrying his fascism is now clearly. . . the quintessential “Good German” enabler of Hitler, around 1939.

A sitting American President would not lead racist chants against a sitting US Congresswoman. Unless of course that President is. . . himself in fact a racist / fascist. But I repeat myself.

R E S I S T.

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Trump’s LATEST Anti-Immigration / Asylum “Rule” Will Be TRO-ed And Enjoined, Shortly.

July 16, 2019 - Leave a Response

Once again, the xenophobic morons inside 1600 Penn’s west wing [Cough — Stephen Miller?!] have been hard at work — to no ultimate avail. [“Rules” may never trump express statutory commands.]

This latest “rule scheme” would purport to say [in direct contravention of the 1951 International Protocol on Refugees we signed, and most of the provisions of 8 USC — see below] that no person may apply for asylum here, unless they have already applied for asylum in the first country they crossed, on their way here. As a practical matter, this would only discriminate against people seeking entrance from our border with Mexico, since that is the only geographic border which touches other countries, besides the US. [Contra, Canada.]

Also, as a practical matter, the United States may NOT, by simple internal “rule” — [as opposed to an international treaty] purport to bind people who are from a foreign nation, even before they arrive on our soil. Finally, the Trumpists didn’t even follow the APA in promulgating the “rule”. So it will fail. Here is the full 34 page complaint, in the new lawsuit, and a bit, from the fine ACLU lawyers, writing it:

. . . .As part of our nation’s commitment to the protection of people fleeing persecution and consistent with our international obligations, it is longstanding federal law that merely transiting through a third country is not a basis to categorically deny asylum to refugees who arrive at our shores. . . .

Congress expressly provided in the Immigration and Nationality Act (“INA”) that a noncitizen is ineligible for asylum in the United States only if she “was firmly resettled in another country prior to arriving in the United States.” 8 U.S.C. § 1158(b)(2)(A)(vi). The concept of firm resettlement — which involves far more than a mere transitory relationship with a third country — dates back to international agreements crafted after World War II, and takes into account the ties an individual fleeing persecution formed with another country and his or her particular ability to enjoy safety and legal protection there. . . .

[Finally], Congress expressly spoke to when an asylum seeker may be removed to a third country and required to seek protection there: only where the United States and that country have entered into a bilateral or multilateral agreement, the removal is pursuant to that agreement, and there is a determination that the asylum seeker would not face persecution and “would have access to a full and fair procedure for determining a claim to asylum” in that country. 8 U.S.C. § 1158(a)(2)(A). . . .

Now you know. Again, Trump and Barr come up. . . losers. It must be. . . difficult, to be this repeatedly ignorant of — and wrong on — the law. Onward.

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“Herr Mörön Drümpf” Tells Four Sitting US Congresswomen To Go Back To “Their” Countries. My [Video] Reply.

July 14, 2019 - Leave a Response

This man is. . . no man at all. He is a frightened, aging bitter reminder of our. . . ugliest past.

For what little Herr Trümp’s odious remarks might actually mean — they are preserved here, by the Wa Po:

“. . .So interesting to see ‘Progressive’ Democrat Congresswomen, who originally came from countries whose governments are a complete and total catastrophe, the worst, most corrupt and inept anywhere in the world (if they even have a functioning government at all), now loudly and viciously telling the people of the United States, the greatest and most powerful Nation on earth, how our government is to be run,” Trump tweeted. [Ed. Note: the PEOPLE of this nation elected them — to do EXACTLY that, chucklehead.]

Pressley was born in Cincinnati, Tlaib was born in Detroit and Ocasio-Cortez was born in New York. Omar was born in Mogadishu, Somalia; her family fled the country amid civil war when she was a child, and she became a U.S. citizen as a teenager.

All four women won election to Congress in 2018.

In a follow-up tweet, Trump suggested that the four Democrats should leave Washington.

“Why don’t they go back and help fix the totally broken and crime infested places from which they came,” he said. “Then come back and show us how it is done. These places need your help badly, you can’t leave fast enough. I’m sure that Nancy Pelosi would be very happy to quickly work out free travel arrangements!”

Democrats on the Sunday morning news shows responded with outrage.

“That is a racist tweet. Telling people to go back where they came from? I think that’s wrong,” Rep. Ben Ray Luján (D-N.M.) said on “Fox News Sunday.”

New York Mayor Bill de Blasio called Trump’s tweets “another effort to divide people along lines of religion, ethnicity, origin, and create a country where there can’t be unity.”

“Unfortunately, there’s an American tradition of telling people to go back where they came from,” Luján said on CNN’s “State of the Union.” “It’s a very bad tradition that we need to weed out of our nation, because we are a nation of immigrants. That’s who we are by our nature for hundreds of years. But you don’t expect to hear it from the president of the United States. . . .”

Actually — from this savage idiot. . . I do expect it.

Onward — no raids here in the city of big shoulders, yet.

नमस्ते

[Updated: Letter Brief Filed] And the Subpoena Power Appeal [Mazurs LLP] Argument Went… Badly For Trump, This Morning.

July 12, 2019 - Leave a Response

Full mp3 audio right here.

UPDATED | 07.17.2019 — 10 AM EDT: During oral argument, the lawyers for the US House Committee were asked to support that they actually raised, with specificity in the lower court, the issue of whether Trump’s dealings at his Trump DC [Old Post Office] Hotel, under a lease from the US government, violates the Constitution’s emoluments clause.

Of course, the lawyers did raise it — and here is that proof — in a letter filed overnight. End updated portion.

Hilarious. Trump certainly lost today. Onward.

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Trump’s Threatened “ICE Family Raids”: Becoming A New Issue In Ms. L. Litigation; Over 790 NEW “Missing” Family Members/Kids Identified…

July 12, 2019 - Leave a Response

As of this afternoon’s status hearing, out of a possible universe of perhaps 32,000 additional likely class members — the government has provided a list of 791 people who were omitted earlier, when the government preposterously claimed it only need account for kids and parents missing AFTER the Ms. L. federal class action litigation was filed. Not any child before then. Disgusting.

In fact, the government just now is beginning to track these up to 32,000 people in custody, or already deported. Folks, this is what willful obstruction of justice [thwarting clear federal court orders] looks like. And if I had to bet, I’d say one Sarah Fabian is point lawyer on it. Here is the latest, from an eighteen page status report filed overnight:

. . . .Over the past few weeks, there have been numerous reports of planned ICE raids targeting families who have received final orders of removal. See, e.g., Agency Says It Plans Deportation Operation Aimed at Undocumented Families, NY Times June 19, 2019. . . . Because a number of the targeted families may include Dora and MMM class members, class counsel emailed Government attorney Sarah Fabian on June 21, 2019 to inquire about the Government’s plans to ensure that no class members are wrongfully deported. . . . [Ed. Note: She never responded — today is three full weeks later. We are talking about the rights of children, Ms. Fabian. See re-posted video version of her deplorable arguments, below — in the Ninth Circuit.]

Today [July 11, 2019], several reputable news sources have reported that the ICE raids are now planned for this weekend. See, e.g., ICE Deportation Raids Will Likely Start This Weekend, Vox, July 11, 2019. . . . Advocates in border areas have received word that up to a one thousand families detained in the course of the ICE raids are expected to arrive at the South Texas Family Residential Center, an ICE detention facility in Dilley, Texas that houses detained immigrants. In light of these reports and the Government’s lack of response to our queries, class counsel are concerned about whether there are procedures in place to ensure that the settlement agreement will be honored during this process and that class members will not be removed without notice or an opportunity to take advantage of their rights under the settlement agreement. . . .

Obviously this is going to go on another six months, minimum. Disgusting, as I say.

And now, as I go — ladies and gentlemen — I give you the tragi-comic stylings of Trump acolyte lawyer Ms. Sarah [“Gig dog sitting for friends is more important than finding missing children“] Fabian: arguing that intentionally withholding bedding, toothpaste, soap and keeping overcrowded cells at unreasonably cold or hot temperatures, as well as 24 hour bright lights. . . is [as to kids, certainly]. . . “no problem.”

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[U] WINNER(?). Let’s See What He Says, But Sounds Like His “Census Citizenship Q.” Is… D.O.A.

July 11, 2019 - Leave a Response

UPDATED: Here is the agreed injunction order; we win. End update.

You never know with this depraved joker, but the latest sourcing from inside 1600 Pennsylvania has it that he will abandon the court fights.

As I’ve always said, the federal government has other, entirely lawful means, to estimate citizenship status.

If his executive order does no more than authorize lawful collection of existing data [as we are being told], this fight has been won — by the people who still believe the Constitution means what it says, in Article I, Section 2, Clause 3 [as amended by various later Constitutional amendments acknowledging that people born into bondage, people of color, and indigenous peoples, are all 100 per cent whole “free persons“, entitled to full enumeration, as well.]

And while we wait. . . here is why Trump might — the very able US DC judge in Maryland positively tattooed the lawyers yesterday evening, in a blistering six page denial order — thus:

. . . .Additionally, the Court also expects that the new DOJ team will be aware of and prepared to address potential conflicts between recent developments in this case and positions repeatedly taken before this Court by the withdrawing attorneys. . . .

For example, in defending against Plaintiffs’ Equal Protection claim, Defendants, through counsel, have repeatedly represented to this Court that Secretary Ross, and not President Trump, acted “as the sole decision-maker” as it relates to the addition of a citizenship question to the Census, and that, as a result, any evidence of statements made by candidate, President-elect, or President Trump suggesting discriminatory animus towards immigrant communities was not relevant to the decision to add a citizenship question to the 2020 Census. See e.g., ECF No. 54-1 (18-1570) at 8 (arguing that Plaintiffs “have not alleged facts plausibly suggesting that the sole decision-maker here — the Secretary — had a discriminatory purpose in reinstating a citizenship question.”); id. at 25 (“Given that Secretary Ross, as the sole decision-maker, directed reinstatement of a citizenship question on the 2020 Census . . .); ECF No. 82-1 (18-1570) at 24–25 (“Here there is no evidence that, as the sole decision-maker, Secretary Ross directed reinstatement of a citizenship question on the 2020 Census because of potential adverse effects on a protected class.”). . .

Defendants must realize that a change in counsel does not create a clean slate for a party to proceed as if prior representations made to the Court were not in fact made. A new DOJ team will need to be prepared to address these, and other, previous representations made by the withdrawing attorneys at the appropriate juncture. . . .

Onward. I’ll update. . . when we know we have. . . won.

नमस्ते

19 States File As Amici, In Flores — Decrying Trump’s Continued Violations Of Flores “Humane Treatment” And Prompt Placement Clauses…

July 10, 2019 - Leave a Response

The states signing on to ending Trump’s concentration camp style treatment include California, Massachusetts, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington.

My latest backgrounder here — and the full well-reasoned 21 page amici brief:

. . . .The TRO Application and countless media reports detail the deplorable and inhumane conditions in which the federal government is currently holding vulnerable immigrant children who are in Customs and Border Protection (CBP) custody in the El Paso and Rio Grande Valley Border Patrol Sectors at, or near, the border. Children are being held in extremely cold facilities, denied access to basic needs such as adequate and sufficient food, drinking water, emergency medical care, soap, showers, toothbrushes and clean clothing, deprived of sleep, and tasked to care for other very young children. The Court’s immediate intervention is necessary to prevent further harm to these children by compelling the federal government to comply with its legal obligations to hold children in safe and sanitary conditions. . . .

For more than two decades, the federal government has been required to meet minimum standards for the facilities in which immigrant children may be confined. These minimum standards, established in the Flores Settlement Agreement, require, among other things, that the federal government place children in border facilities that are safe and sanitary and make every effort to release children or otherwise promptly transfer children to state-licensed facilities. . . .

The harm caused to these children will have long-lasting effects well beyond the time of their release from CBP facilities. . . .

It staggers me that anyone need be told as much.

But for Team Trump. . . the cruelty is certainly the point. Around the nation today, many kids under ten are celebrating birthdays — by the pool or on soccer fields — and being served delicious fresh fruit as snacks. They are having fun with their friends and family. They are safe; they will sleep soundly tonight, after a warm bath or shower, and after their teeth are brushed — they will read bedtime stories. . . .

And so I ask you: what has become of this nation’s will to be better? To do the right thing? Wht are we. . . becoming?

नमस्ते

Tonight’s Torrential Rains Of Bad News Call For… A Shift: “Imagine” — John Lennon Cover — By Sweden’s Chris Klafford

July 9, 2019 - Leave a Response

Just watch — and remember. . . remember the first time you heard John sing it. . . and [at least I knew] we all could be. . . better people:

We all are better than these events — at the hands of our leaders — would suggest. Just. Imagine. It.

We cannot be as divided as these politicians would apparently need us to be.

G’night.

नमस्ते

[U: On Sanctions] “The Studio” Overrules Trump’s Cast Swap, In Manhattan’s Version Of “Census UN-Reality TV Show”

July 9, 2019 - Leave a Response

Breaking: the able USDC Judge Jesse Furman — sitting in the Apple — just declined, as any good studio executive would, to allow a bit player who lied to him, then to engineer a “swap out” of the entire cast. My backgrounder, from yesterday, is here.

[The animated Bill Barr to John Mitchell graphic will run here, since Barr is at least presently threatening, that he possesses the power to bless an executive order from Trump — one that the Supremes specifically ruled out, just two weeks ago — to get the racist question. . . reinstated.] In any event, here it is, per Bloomberg, just now — more as I get it [Update: here is the full three page opinion — indicating that sanctions may lie]:

. . . .U.S. District Judge Jesse Furman in Manhattan called the government’s request “patently deficient,” adding that the U.S. had provided “no reasons, let alone ’satisfactory reasons,’ for the substitution of counsel. . . .”

[All of this in the face of a contrary command, in the US Constitution, at Art. I, Section 2, Clause 3. It speaks of counting free persons, not only citizens — and delegates that duty to the Congress, not the President.]

Ouch. This is going to leave a lasting mark, on all these lawyers’ careers. Trump simply wrecks. . . lives. And he could care less. But these lawyers should have bailed on his lies, long ago. Onward, grinning.

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[U: Amended Motion] “Creative Differences”!? On Trump’s [Stupid] Census Reality TV Legal Team?!

July 8, 2019 - Leave a Response

If he wasn’t a reality TV moron before, he certainly is now [among many other — more nefarious — things].

He has apparently ordered AG Barr1 to. . . “swap out the entire cast” [which motion, after objection by the plaintiffs, about prejudice to their case and inefficiencies occasioned by the swap-out, was amended later tonight, here] — for the next season of “Stupid Census Questions” — Maryland and New York editions.

Variety has it as the eternal “creative differences.” [Because of how surreal this all is — I need to label the foregoing. . . as. . . snark.]

Me? I suspect it is best explained by the old joke about lab rats, and lawyers: there are some things “even. . . lab rats won’t do.” [So. . . he gets new lawyers.]

Seriously, I think it true — I do suspect telling a federal judge [on the Friday after July 4] that the US government is, as an official position, looking to come up with a “new rationale,” for an unlawful question — one dripping of racial animus — is the bridge too far for even the rabidly partisan old DoJ lawyers, now cut loose. [All of this in the face of a contrary command, in the US Constitution, at Art. I, Section 2, Clause 3. It speaks of counting free persons, not only citizens — and delegates that duty to the Congress, not the President.]

These lawyers will need jobs in the private sector, some day — and they’ll need to keep their law licenses, to get those jobs.

O N W A R D.

Utterly. . . disgusting.

~~~~~~~~~~~~~~~~~~

1. I’ve made light here of what can fairly only be called an astonishingly inept legal stratagem. The “idea” is that this team would essentially tell the judge “we are resigning en mass, mid trial, since our client’s earlier lies have been discovered” — and our solution — rather than suborning perjury ourselves, will be to bring in new lawyers, ones ignorant of our client’s earlier deceptions. Oh, and by the way, AG Barr has now said he thinks Trump may add the unlawful question, by executive order, despite the SCOTUS having said otherwise, just a week and a half ago. . . All of which is to skirt very near contempt of court — by the involved lawyers, to be clear.

That is, Bill Barr as well as all these lawyers are, in my opinion, flirting with losing their licenses. Insane.

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