I Suppose The Small Consolation Here — Is That, In Time, Trump’s Lawyers Will Have Trouble Sleeping At Night…

It may take years — decades, even — but the team led by Sarah Fabian is not stupid. And each of them will, in turn. . . albeit slowly, come to see that they advocated for, and in fact. . . thus participated in the torture of children. And. . . over the decades, they will (hopefully) suffer many a sleepless night, about the awful things they wasted their estimable talents upon — as ideologue youths. That is my hope. But for now. . . .

It is utterly deplorable, that Trump has effectively run out the clock, on meaningful redress of the rights of would-be asylee children and their families in custody near the border. By foot dragging, Sarah Fabian’s team has managed only now to come up with an agreeable for of notice, to explain to people in custody, that they have a right to a US trained immigration lawyer — and that older children may elect to be set free (to the interior of the US) in the care of a sponsor or guardian — after a maximum of 72 hours — whilst they all work to free their parents.

Of course, the morning Mr. Biden takes office — all this will end. But until then these maddeningly byzantine status reports (latest overnight version there) — once, every two weeks, will be the norm. And we may expect that until Sarah Fabian resigns — for the private sector (and some far right think tank, lobbying or law shop), this nonsense will continue. . . unabated. Here’s a bit (from a footnote in the report, No. 4, which I hope will keep Ms. Fabian awake some nights, years from now — as she reflects on the horrors she helped advocate for, and helped Trump inflict — instead of resigning and walking out):

. . . .The American Bar Association has published a “Model Act Regarding the Representation of Children in Abuse, Neglect, and Dependency Proceedings.” While a parent’s decision to release their child may not meet the “abuse” or “neglect” child welfare definition, children who are surrendered or abandoned do traditionally appear before a court in abuse and neglect proceedings. . . .

Accordingly, ethical standards regarding the representation of children in the context of dependency proceedings are instructive. Under the Model Act, a child’s attorney owes the same duties, including undivided loyalty, confidentiality, and competent representation, to the child. A child’s lawyer is a client directed lawyer in a traditional client-lawyer relationship with the child. This ethical duty could require that an attorney representing a child aggressively advocate for the child’s separation, or ongoing unity with their parent, in conflict with a parent’s stated wish. All children should have a voice in the decision-making process regarding their release, especially because they are the individuals with rights under the Flores Settlement Agreement. . . .

We need to get off-world — escape the clutches of these maddeningly banal and evil actors. My next one will take us. . . there, to a star only some 500 light years off (not 670), it turns out.


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