New Trump Admin. Status Report: Already, An Additional 4,108 Kids Likely Separated… Have Been Found.

May 16, 2019 - Leave a Response

I am disgusted. That’s not the good news — that’s the bad. Here is the latest, in advance of tomorrow’s hearing before the able Judge Sabraw, in San Diego.

I wrote about 900 words on this before my battery died on the train — so do read this backgrounder.

The bottom line is that if we found over 4,100 in a few weeks — and we [“we” is now appropriate, for Trump did this in all of our names!] only have until late October 2019, to find the rest — potentially over an additional 46,000. . . that would put the total of kids ripped from families — in clear violation of applicable federal law. . . at over 54,000.

Since the USA had and has the resources to have averted all of it, and we well-knew it was in violation of treaties, and law. . . Trump easily sinks below any third world dictator, for human rights violations, and wanton cruelty.

That is (and will be) his enduring legacy. He is. . . a monster, not a man.

Onward; entirely out of good will tonight.


[U, With 2016 Supreme Court Precedent] We All Know Alabama’s Law Is Unconstitutional.

May 15, 2019 - Leave a Response

Yes, it will fall. Just as the Texas attempts did in 2016, before the Supremes.

So too, with the pending Ohio, Mississippi and Georgia laws (already ACLU-challenged), and the proposal in Louisiana. [The now-dated graphic at right honors Sen. Doug Jones, now a very vocal supporter of women’s rights of agency, over their own bodies — in Mississippi, and nationwide.]

But the cruelty and depravity of it all. . . . saddens me, as I know the cruelty of it — is the end goal of the proponents. So in one sense, they’ve already won — at least a little.

Get active. Resist wherever and whenever you are able.


In Court This Morning — But Two To Read…

May 13, 2019 - Leave a Response

I will come back to these — on the idea that Trump cannot deport “credible fear” would-be asylees to Mexico without hearings, first. Read Number One. . . And Number Two.

These come from a ongoing trial level matter, called Padilla v. ICE, in the federal courts in Seattle:

. . .Last month, this Court issued a preliminary injunction order requiring the government to provide Plaintiffs a prompt bond hearing that comports with due process. See Dkt. 110. Two weeks later, the Attorney General issued Matter of M-S-, 27 I. & N. Dec. 509 (A.G. 2019), holding that members of the Bond Hearing Class have no statutory right to a bond hearing. 27 I. & N. Dec. at 509-10.

If Matter of M-S- is permitted to go into effect, for the first time in nearly half a century, asylum seekers who are present in the United States after having effected an entry will be locked up pending their removal proceedings — for months and potentially even years — without ever receiving a bond hearing on whether their detention is justified, much less a hearing that provides due process. Defendants now seek to vacate the preliminary injunction based on this change in law. See Dkt. 114. Plaintiffs oppose Defendants’ motion on two grounds. . . .

As ever, onward.


The Esteemed Prof. Tribe’s Brief — On Why Trump’s Pardon Of The Criminal Joe Arpaio Should Fall…

May 9, 2019 - Leave a Response

We simply must offer (and commend) this, to the careful attention of anyone. . . who is a fan of life-long learning. Learning. . . what our founders intended, as they set out our framing documents, about the pardon power.

Here’s a hint: they didn’t countenance pardons for people who openly hindered and intentionally violated court orders which were designed to protect basic fundamental civil-, and human- individual rights.

Here’s a bit of it, but do go read it all. It is likely that the Ninth Circuit will (as early as this Summer) hold that Trump overstepped his constitutional abilities, in pardoning the odious “Sheriff Joe“.

. . . .Courts recognize that the pardon power is not unbounded; it is part of the constitutional scheme and must operate within constitutional limits. . . . The Arpaio pardon transgressed three
such limits. . . .

[T]he courts [are vested by the Constitution] with independent authority to safeguard the rights of individuals. Critical to that independence is the judiciary’s power to enforce its own orders through contempt proceedings without relying on the whims of the executive branch. The Arpaio pardon undermines that independence and thus the judicial power to remedy violations of individual rights. . . . [T]he President’s duty [is] to take care that the laws be faithfully executed — a responsibility that bars him from encouraging lawlessness by pardoning a figure renowned for his assaults on constitutional rights. . . .

No President may issue a pardon that interferes with the federal courts’ power to vindicate individuals’ constitutional rights through duly issued injunctions and contempt orders. And expanding the pardon power to enable total exoneration through vacatur is corrosive of the rule of law and outside the bounds of any recognized Presidential power. . . .

Enforcing these limitations, the Framers understood, would become the special province and structural role of the courts. “Limitations of this kind,” Hamilton wrote, “can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing. . . .” THE FEDERALIST NO. 78, at 465. . . .

Now you know. And my boy, Hamilton — is prominently featured. Smile. Onward.


Latest Status Report Filed Overnight, In Ms. L. Class Action…

May 8, 2019 - Leave a Response

There will be another status hearing this afternoon, in San Diego, before Judge Sabraw.

Here is the latest 17 page update — we still have perhaps 47,000 children to advise about their rights; and probably a third of those to yet. . . reunite with their parents.



We Now Have The Three Judge Panel Opinion: In The Refoulement Cases — Innovation Law Labs…

May 8, 2019 - Leave a Response

This is not the “big win” Trump claims it is; it is procedural only. And the dissent is right; the majority is in error. There will be an appeal — but this is a narrow opinion, an opinion about the standards for an injunction.

In the mean time, Trump still must articulate why Flores doesn’t apply to the would-be asylees in question. And it does. So this is mostly. . . a nothing-burger. And it says nothing about Trump’s (unbuilt) wall, despite his false tweets — of this morning.

More broadly, it is astonishing to me that Trump sends lawyers into courts in this land, to do his bidding — and the only path to doing his bidding, given the brazen violations of well-settled law he aims for — is to simply ignore the plain meaning of a statute, and argue that the government is free to treat any one, essentially any way it. . . pleases.

And it is disturbing to me, personally, that these ambitious — and in many cases, poorly-educated — lawyers. . . do just that. Liberty University Law is no training ground for the Ninth Circuit or the Supremes. Here’s the business end of the dissent, which will ultimately prevail, when the merits are reached — from an 11 page PDF dissent, just handed down:

. . . .The Government’s argument ignores the statutory text, the Supreme Court’s opinion in Jennings last year, and the opinion of its own Attorney General in Matter of M- S-, less than a month ago. The text of § 1225(b) tells us that § (b)(1) and § (b)(2) are separate and non overlapping categories. . . .

In Jennings, the Supreme Court last year told us explicitly that § (b)(1) and § (b)(2) applicants fall into separate and non overlapping categories. . . . The Government argues that returning § (b)(2), but not § (b)(1), applicants to a contiguous territory would have “the perverse effect of privileging aliens who attempt to obtain entry to the United States by fraud . . . over aliens who follow our laws.” Govt. Brief at 14. In its Reply Brief, the Government compares § (b)(1) and § (b)(2) applicants, characterizing § (b)(2) applicants as “less-culpable arriving aliens.” Govt. Reply Brief at 5. The Government has it exactly backwards. . . .

On to the Supremes; or back to the trial court, on the merits. We await Innovation Law’s decision on how it will next proceed. Onward.


Oral Argument: In Innovation Law Labs… Did NOT Go Well — For Trump’s Claimed Expedited Removal “Protocol”

May 7, 2019 - Leave a Response

I am tardy in posting this oral argument. It runs over 58 minutes. The below is video, on YouTube, of the same audio feed linked here.

Here, Trump tried to trample on the rights of asylees to a hearing, by simply dropping them back in Mexico — without regard to whether they were Guatemalan, Honduran, or Ecuadorian by birth or residence — for just a few examples, in violation of 8 USC § 1225(b)(2) — without asking if they had any “credible fear“, of being dumped there.

The Ninth Circuit repeatedly hammered Team Trump about a US Supreme Court case decided last year, Jennings v. Rodriguez, 138 S. Ct. 830, 837 (2018), that simply negated Trump’s supposed “view“. They are toast. Stick a fork in them.

An asylee MUST be asked by the government — if they have a credible fear, if returned. Trump says he alone, unlike any President in a half-century. . . may ignore required law. He says he need not even ask the asylee — let alone hold the 8 USC § 1225(b)(2) required HEARING:

Now you know. Onward. In almost all cases, Trump is simply a lawless and generally. . . unthinking thug. A wanna’ be dictator. We need to impeach.


On Mars, InSight’s Hammer/Drill-Bit Will Undergo Two Diagnostic Test Drillings, Tomorrow…

May 6, 2019 - Leave a Response

The progress here is intentionally cautious, slow and deliberate, so as not to damage the drilling mechanism, sheathed in a sharply pointed metal container. [My backgrounder from April 2019 is here.] If we bust it — there is no repair crew to send out.

But progress, this is — to be sure. One solution may involve using the arm to “bear down” on the outward facing legs, and thus increase friction — to get the penetration fully underway. But we are still a few weeks from seeing that plan executed.

In any event, here is the latest, from our friends on the German contractor team:

. . . .Dividing the [diagnostic] hammering. . . allows a check during what space engineers call a “ground-in-the-loop” to see that nothing unexpected has happened. Unfortunately, there have been delays, first because of a temperature issue and an second an issue with the arm, both related to cautious safety regulations.

But we should be able to do the first round of what we call diagnostic hammering. . . tomorrow. It will be interesting to see whether we see movements of the tether. . . .

Onward, whilst smiling at the notion of more new life — in the palace. It is indeed I think, the Infinite’s opinion that this world should. . . go ever. . . onward.


Some Life-Affirming News… Grin!

May 6, 2019 - Leave a Response

Even though the path to this eventual outcome remains highly unlikely, the news has me grinning, ear to ear — one day, there may be a right-wise. . . brown King of England. . . smile. . .


A Thousand Dead As Of Tonight, In DRC From Ebola, “The Fire This Time”

May 3, 2019 - Leave a Response

Ahem. A sad mile-marker, to be sure.

Here’s the latest from the AP:

. . . .Ebola deaths in Congo’s latest outbreak are expected to exceed 1,000 later on Friday, the World Health Organization announced, as attacks continue on health workers trying to contain the virus’s spread.

The outbreak that was declared in eastern Congo in August is already the second deadliest in history, and efforts to control it have been complicated by a volatile security situation and deep community mistrust.

Ebola treatment centers have come under repeated attack, and a Cameroonian epidemiologist working with WHO was killed last month during an assault on a hospital in Butembo city at the outbreak’s epicenter. Another attack on Thursday in Butembo was repelled, said Mike Ryan, WHO’s emergencies chief. . . .

Onward — we will keep you informed. Even so, trying to smile a bit, with a busy weekend ahead — cheering at an Olympics qualifying Tri- race in Northern Wisconsin early Sunday, and baby girl sleep over Saturday night. . . after workouts and bike rides.