Nel's New Day

November 26, 2018

Conservative Politicians Continue Far-right Activities

Last week, many people vacationed—including Dictator Donald Trump (DDT) vacationed for Thanksgiving, but politicians kept busy.

Sent to the Pacific Rim APEC trade summit last weekend, VP Mike Pence worsened global affairs of 21 nations representing 60 percent of the world’s economy with his refusal to compromise with China. Instead, China continued bonding with North Korea. The conflict was so bad that the group couldn’t even agree on a routine joint statement for the first time in 30 years. DDT frequently asks people if Pence is loyal. The answers have varied from Pence as a committed warrior to ending his usefulness because DDT needs female voters. One of DDT’s concerns might be Pence’s promise of consequences for the Saudis’ killing U.S. journalist Jamal Khashoggi despite DDT’s attempt to cover for the Saudis.

Two days before Thanksgiving, John Kelly, DDT’s chief of staff, signed a “Cabinet order,” a memo allowing U.S. troops, 5,900 active duty members and 2,100 National Guard members, on the Mexico border to use lethal force. DDT had already left town for Mar-a-Lago. This past weekend, ICE agents fired tear gas, a deadly chemical, at mostly Honduran asylum seekers near the Tijuana port of entry.

Hillary Clinton was pilloried for using a secure private server for her emails, but the GOP refused to criticize Ivanka Trump for using her personal email account that she shared with her husband, Jared Kushner, to send hundreds of emails last year to White House aides, Cabinet officials, and her assistants, frequently in violation of federal records rules. When she first joined the White House, she claimed all access and perks of the White House with none of the legal responsibilities or constraints. Maybe investigations by the FBI and Congress? Or cries of “Lock her up” and “Crooked Ivanka”?

Lame duck House Republicans subpoenaed former FBI director James Comey and former DOJ AG Loretta Lynch to appear in private hearings this week. Comey said he is willing to appear in an open hearing but not a closed one:

“While the authority for Congressional subpoenas is broad, it does not cover the right to misuse closed hearings as a political stunt to promote political as opposed to legislative agendas.”

DDT’s appointment of lap dog Matthew Whitaker as acting DOJ AG may fail to give him protection. According to an argument in court from the Robert Mueller investigation team:

“The validity of the Special Counsel’s appointment [in May 2017] cannot be retroactively affected by a change in the official who is serving as the Acting Attorney General.”

Two rulings, one by a DDT-appointed judge, have already upheld the constitutionality of Mueller’s appointment. Three Senate Democrats are also suing to have Whitaker removed on constitutional and legal grounds.

The U.S. Supreme Court is taking a case about whether Secretary of Commerce Wilbur Ross’ decision to add a question about citizenship to the 2020 census, an odd move because the case is already being heard in a New York court with closing arguments next week. The Constitution requires an accurate count of the population every ten years, something that will be lost if the estimated 24+ million people avoid the census because of fear. The census is used not only for congressional districting but allocation of federal funds, disaster and epidemic preparedness, and other government support. Ross has skipped the lengthy approval process about new survey questions and lied when he said that the DOJ had requested the addition of a citizenship question to enforce the Voting Rights Act. The Department of Commerce has only six months to submit the information to printers.

More people may not participate in the census after DDT’s proposal that census information be shared with law enforcement, an illegal action under the Census Act of 1879. In 1954, Congress passed a law stating that the Commerce Department cannot share its census data with any other government agency or court with up to five years in prison and $250,000 in fines for violation. Only Congress can change this law. When Rep. Jimmy Gomez (D-CA) asked acting assistant attorney general John Gore about data being disclosed “for law enforcement or national security purposes,” DOJ attorney Ben Aguinaga answered, “I don’t think we want to say too much there in case the issues . . . or related issues come up later for renewed debate.” In other words, maybe.

DDT may not get the trade agreement similar to and replacing NAFTA that he proudly announced weeks ago. Republican lawmakers are furious about the nondiscrimination protections of sexual orientation and gender identity included by Canada’s Prime Minister Justin Trudeau. Several GOP members of Congress object to the new trade agreement because of this one provision, but it must be passed by the end of the year to avoid the Democratic majority in the House on the first of January. Congress has just 12 days to not only pass the agreement but also agree on the farm bill and keep the government from shutting down on December 7 with DDT threatening to allow this to happen if he doesn’t get his wall.

Farmers hurt by DDT’s tariffs are promised $12 billion say they don’t want to be on the dole, but they’re not even getting the promised welfare. Only $838 million of authorized $6 billion has been paid out because farmers cannot apply until harvests are completed for the season, harvests delayed by bad weather. Soybean sales shrank by 94 percent from last year, and the subsidy covers less than half the farmers’ losses. China pork tariffs that responded to DDT’s steel and aluminum tariffs cost farmers $2 billion. Partners with farmers also get government money; Sen. Chuck Grassley (R-IA) might get $125,000, the subsidy cap. Farmers may permanently lose their foreign countries for crops, and DDT’s tariffs may force the U.S. to keep borrowing money from China to pay for farmers.

For the second year in a row, DDT is skipping the Kennedy Center Honors, again because he doesn’t feel comfortable.

While people in the U.S. complain about Russia interfering with elections, DDT campaign worker and sycophant Steve Bannon played a role in the UK passing Brexit, supporting the nation’s separation from the European Union. Emails dating back to October 2015 reveal that Bannon, former VP of Cambridge Analytic, participated in the campaign to persuade UK voters in supporting the separation from EU. Like the U.S. the UK has laws to stop foreign companies from manipulating UK affairs.

Mississippi votes for a U.S. senator in a runoff tomorrow; the GOP candidate, Sen. Cindy Hyde-Smith, announced last Tuesday that it was on November 22, the day of her announcement, but that was Thanksgiving. After her lauding public hangings, a number of large companies—including Aetna, AT&T, Boston Scientific, Leidos, Pfizer, Union Pacific, and Walmart—asked her to return their donations. DDT, who failed to attending lacked the time to go to Arlington National Cemetery close to the White House or visit military members on Veterans Day, extended his Thanksgiving vacation to give two campaign rallies in Mississippi today for the GOP Senate candidate.

Since the midterm elections when the Senate election to replace Jeff Sessions, who resigned to become AG before he was fired, several revelations have caused concern for Republicans about Hyde-Smith’s success. After she talked favorably about public hangings (aka lynchings), she suggested that black students should not be able to vote. Photos of her posing with Confederate artifacts at the “Shrine of [treasonous] Jefferson Davis” and the caption “Mississippi history at its best!” were accompanied by information that she promoted a measure praising a Confederate soldier’s effort to “defend his homeland” and pushed a revisionist view of the Civil War. She not only attended a private high school to avoid integrated schools but also enrolled her daughter in a “segregation academy.” The daughter graduated in 2017.

Sen. Ben Sasse (R-NE), considering a run for president, gave an interview to the New York Times about the reading habits of himself and his family. An analysis of his 33 book recommendations show all were written by white authors. Sasse’s three children, ages 17, 15, and 8, are homeschooled, probably reading no books of people by color.

The Ohio state House argued that “Motherhood is necessary” to ban abortions at six weeks, before a pregnancy appears on an ultrasound which is not medically recommended. The law is unconstitutional unless the Supreme Court overturns Roe v. Wade. Even if the bill passes the state Senate, it cannot become law without Gov. John Kasich’s signature because Gov.-elect Mike DeVine cannot sign a bill passed by the legislature before he takes office.

On the more positive side, Maine will have Medicaid expansion after the departure of rabidly right-wing Gov. Paul LePage. He had refused to follow orders from the state Supreme Court to obey a vote by the people.

A U.S. district court judge ordered ICE to release over 100 Iraqis from detention centers and jails in Michigan after they had been there for more than a year. They are to be released within 30 days under “orders of supervision” and allowed to return to their homes. The majority of the detainees had been living in the U.S. for decades. Although they committed criminal offenses, they had served their time and been living “peaceably in their respective communities” since then, according to the ruling. The opinion also cites ICE’s refusal to provide documents to detainees’ attorneys, and the judge wrote that he will be issuing sanctions against ICE. Detainees had not been permitted in-person visits from family and friends, and the majority would be persecuted and even murdered if they were forced to return to Iraq because they are Christians.

November 13, 2018

Lawyers Winners of Elections, Other Lawsuits

The real winners of the midterm elections and the first 662 days of Dictator Donald Trump (DDT) in the Oval Office are the lawyers. Nowhere has this been more obvious in the past week than in the South where Georgia and Florida Republican officials—candidates for offices—are screaming “fraud” and charging off to the courts.

During a campaign rally a few days before the 2016 presidential election, Dictator Donald Trump (DDT) said, “I will totally accept the results of this great and historic presidential election—if I win.” He won and accepted the electoral vote although not the popular vote—which he lost. Now he’s losing in at least three states and refusing to accept the midterm election races.

As Florida Gov. Rick Scott’s lead over his opponent Sen. Bill Nelson (D) dwindles, Scott, also the U.S. Senate candidate, has been joined by Rudy Giuliani and Sen. Marco Rubio (R-FL) to echo DDT’s cry of voter fraud despite disagreement from the state secretary of state, a Scott-appointed Republican. Scott didn’t object to GOP counties breaking his own emergency order when predominantly GOP Bay County, hit hard by a recent hurricane, allowed voters to illegally cast ballots by email.

Scott filed at least five lawsuits trying to defeat Nelson, including not counting all ballots received after Election Day which disenfranchises all overseas voters including veterans. Florida voters are now suing him for illegally abusing his position as governor to win his race for U.S. senator by stopping the counting of legal votes. Despite Scott’s lawsuits, Florida has started a machine recount of the vote and may have a manual vote if the difference in that election drops below 0.25 percent. Scott is ahead by about 12,000 votes in 8 million plus ballots before all have been counted; Florida’s gubernatorial candidate Andrew Gillum is behind GOP Ron DeSantis by about 40,000 votes.

In Georgia, former Secretary of State Brian Kemp, who resigned when he falsely declared himself governor-elect, has lost a lawsuit to block ballots. In this election of almost four million voters, his Democratic opponent, Stacy Abrams, is behind by about 58,000 votes, but a judge has ruled that provisional ballots must be counted because Kemp, in charge of elections, has not maintained voter information security, increasing the risk that his purge of over 700,000 names on the registered rolls was illegally “manipulated or mismanaged.” The court orders mandated publicity about a website for provisional ballot voters to find information about whether their provisional ballots had been counted and why. The judge stated that the ballots were rejected “through no fault of their own.”

Under Kemp, Georgia voter updates by people getting or renewing state driver’s licenses never moved into the state’s voter database, and they didn’t know that Georgia had illegally failed to register them to vote. State law mandates that provisional ballots are counted only if names are on the voter registration list where they may have been removed because of Kemp’s actions. The Help Americans Vote Act (HAVA) requires the provisional ballots be counted if voters are eligible to vote.

Another judge ordered Georgia to count 5,000 ballots rejected because voters didn’t complete date of birth when signing mail-in ballot envelopes and ordered the state’s vote counting to continue until Friday instead of ending today. As of Sunday, Abrams needed 19,000 more votes to trigger a recount and 21,000 more to force a December runoff. The almost 22,000 provisional ballots plus over 2,000 ballots coming from overseas and military brings the total of uncounted ballots to nearly 29,000.

The November 27 run-off for U.S. Senate pits Mississippi candidates Sen. Cindy Hyde-Smith (R) against Mike Espy, behind by 8,000 votes, for the final two years of a senate term because neither candidates garnered 50 percent of the vote. At a campaign rally four days before the midterm elections, Hyde-Smith responded to a man who praised her, “If he invited me to a public hanging, I’d be on the front row.” Mississippi recorded at least 581 lynchings of black people, about 12 percent of the 4,743 between 1882 and 1968 and the most of any state in the country. DDT-supporter Hyde-Smith repeatedly refused to answer questions by saying that she had issued a statement calling the remark an “exaggerated expression of regard.”

DDT already lost the U.S. Senate position in Arizona that went to the Democrat Krysten Sinema. Opponent Martha McSally was gracious in her concession, perhaps because she expects to be appointed to former Sen. John McCain’s position if Jon Kyle leaves in January.

A sour-grapes failed GOP candidate for the Arizona legislature is suing her winning opponent, U.S.-born Latina Raquel Terán, accusing her of not being a U.S. citizen. Alice Novoa already sued Terán in 2012 for the same (non)offense, and the case was dismissed because her attorney provided the birth certificate. Novoa avoided $650 in court fees with her claim that she doesn’t work and has no income.

Nonelection lawsuits:

Maryland opened to door to lawsuits involving DDT’s unlawful appointment of Matthew Whitaker as acting AG for Jeff Sessions replacement. Brian Frosh, Maryland AG, asked a federal judge to remove Whitaker from that position because the appointment is unconstitutional. This request is part of the state’s ongoing lawsuit to force DDT to retain a key provision of the Affordable are Act, including protections for people with pre-exiting conditions. Maryland AG Brian Frosh declared that any action Whitaker takes regarding the ACA for the federal government would be invalid because he cannot legally serve as acting AG and asks for an immediate injunction. In 2014, Whitaker maintained that the U.S. Supreme Court’s upholding the ACA was one of the worse rulings in its entire history.

DDT believes that he is protected in Whitaker’s appointment by the 1998 Federal Vacancies Reform Act, stating that a president may temporarily fill a vacancy for a position requiring Senate confirmation with any senior official who has been in the department for at least 90 days. Another statute makes the deputy attorney general next in line at the DOJ. The lawsuit maintains that a more specific law takes precedence over a more general law. The AG also argues that DDT should have less flexibility in replacing the AG because a president under investigation could install a “carefully selected senior employee who he was confident would terminate or otherwise severely limit” the inquiry. Whitaker is justifying his position with an 1898 Supreme Court Case supporting the appointment of the acting U.S. consult in the country that is now Thailand when no one else was available after the Senate-confirmed consult was sick. The argument against this case is that the AG office did not become vacant through an unexpected emergency and several Senate-confirmed DOJ officials are available.

Sen. Dianne Feinstein (D-CA) has also called for hearings to address “serious questions” about his appointment because of Whitaker’s outspoken opposition to the Robert Mueller investigation.

In a First Amendment lawsuit, CNN is suing the White House for stripping Jim Acosta’s of his press credentials. Acosta was targeted after false accusations of “laying hands” on a press intern. The accurate video shows her stepping into his space to grab his microphone and his saying, “Pardon me, ma’am.” Also included in the suit are tops aides John Kelly, Sarah Sanders, Bill Shine, the head of the Secret Service, and the officer who took Acosta’s pass. After a complaint was filed, the White House claimed that Acosta lost his credentials because he refused to give up his microphone.

The DOJ has also asked the U.S. Supreme Court to stop lawsuits in three courts of appeal—the 2nd, the 9th, and the D.C.—to block President Obama’s DACA program where these courts allow the program to continue.

DDT’s administration is also facing a lawsuit accusing Secretary of Education Betsy DeVos and a top deputy of sexism in determining their policy decisions. Filed in January, the lawsuit argues against DeVos’ prevention of Title IX guidance on handling campus sexual assault cases; the current filing adds that her decision was impacted by discriminatory and stereotyped views of women, based on evidence obtained through the Freedom of Information Act. These records show that the Department of Education obtained input from sources pushing inflated and widely discredited statistics about false rape allegations. Another source came from Candice Jackson, who provided a book  Unwanted Advances: Sexual Paranoia Comes to Campus (Laura Kipnis), that falsely described the Title IX guidance permitting women to seek legal recourse for “awkward sexual experiences” and then ask for protection from “sexual bogeymen.” Jackson also received information from Gordon Finley, part of the National Coalition for Men, who referred to the former Title IX guidance as a “war on men,” and she falsely maintained that 90 percent of sexual assault accusations come from misunderstandings or drunken regrets. Other sources provided prejudicial information to the department’s leaders about claims regarding sexual assault. DDT’s statements and behavior toward women also figure into the lawsuit’s amendment on sexism.

Two weeks ago, DeVos lost her court battle after she tried to end regulations helping defrauded students receive federal loan forgiveness and keep colleges from mandating arbitration for complaint resolution instead of going to court. President Obama’s consumer protections are now in effect.

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