Nel's New Day

January 31, 2017

Supreme Court Nominee, Lack of Independent Judiciary

Republicans said last year that no Democratic president would ever put a justice on the Supreme Court, starting with their refusal to vet President Obama’s nominee, Merrick Garland, nominated almost one year before the end of the president’s term. Today Donald Trump (DT) drew attention away from his Muslim ban on entering the U.S. by his appointment for this position.Supreme Court nominees can be filibustered unless Senate Majority Leader Mitch McConnell (R-KY) changes the rule to a simple majority.

DT’s nominee: Neil Gorsuch, 49, judge on the Denver-based 10th U.S. Circuit Court of Appeals covering six Western states; the son of perhaps the most corrupt head of the Environmental Protection Agency in its history; attends Episcopalian church; appointed by George W. Bush in 2006; would be the most conservative judge on the court except for Clarence Thomas; opposes assisted suicide, legal in six states, because “human life is intrinsically valuable”; sided with Hobby Lobby in viewing contraception as immoral and defunding Planned Parenthood; falsely described birth control drugs and devices as having the effect of “destroying a fertilized human egg”; believes that business owners have religious liberty claims over their employees’ statutory right to access preventive health care; favors Christian religious expression in public spaces; endorses lack of gun safety laws; opposes agency regulatory power to consolidate power within the judiciary; is originalist, interpreting the Constitution as it was understood at the time it was adopted; opposes using the court for social reform; endangers labor and environmental protections, immigrants, and criminal defendants; most likely supports “religious liberty” to escape anti-discrimination laws; co-founded the ultra-conservative publication The Federalist; wants police to be immune from lawsuit for official actions unless “clearly established” law is violated.

In short, Gorsuch as Supreme Court justice would reward corporations and the Koch brothers and penalize voters, workers, women, and the planet. The question is whether DT appointed Gorsuch because the Democrats will filibuster against him and then go with Thomas Hardiman. Another question is how this nomination connects with the Department of Justice.

In his campaigns, Donald Trump (DT) promised to protect the U.S. Constitution. On Day Seven of his presidency, he issued a Muslim ban that violates up to three constitutional amendments, and on Day Ten he fired Sally Yates a few hours after the Acting Attorney General upheld the Constitution. DT claimed that she “betrayed the Department of Justice” and made the country less safe.

The last president to fire an Attorney General was Richard Nixon when Richard Nixon, who fired his AG and Deputy AG in the “Saturday Night Massacre” because they denied his order to dismiss the Watergate Special Prosecutor. Yates replacement is Dana Boente, U.S. Attorney for the Eastern District of Virginia, until Senate confirms a person for AG. He said that he would order the DOJ to defend DT’s Muslim ban. At this time, Sen. Jeff Sessions (R-AL) is being reviewed by the complete U.S. Senate.

In a letter to Justice Department lawyers, Yates stated that the DOJ must take positions in court that “remain consistent with this institution’s solemn obligation to always seek justice and stand up for what is right.” She also pointed out that the DOJ’s mission is to defend and uphold the Constitution based on established legal precedents. Almost a year ago, she wrote a memo to employees that they must “ensure that politics does not compromise the integrity of our work.”

Concluding that DT’s Muslim ban failed to meet basic constitutional and moral tests, she said she would not assign federal attorneys to show up in court to defend the policy in court. The New York judge granting a temporary restraining order stopping the ban declared that it was likely unconstitutional.

During her 27 years with the DOJ, Yates prosecuted “numerous white-collar fraud and political corruption matters.” She was confirmed as Deputy Attorney General with 85 votes in 2015. Sen. Chuck Grassley (R-IA), chair of the Senate Judiciary Committee, said:

“I supported her nomination, both in Committee and today in the full Senate, and I hope that she will show independence as she provides leadership at the Department. As she told us during her hearing, she is aware that her client is, ‘The people of the United States… not the President… not the Congress, it’s the people of the United States.’”

Sessions, now an anti-Constitution nominee for AG, supported Yates positions:

“Well. you have to watch out, because people will be asking you to do things you just need to say ‘no’ about. Do you think the attorney general has a responsibility to say no to the president if he asks for something that’s improper? [„,] If the views the president wants to execute are unlawful, should the attorney general or the deputy attorney general say no?”

Yates answered that the AG or Deputy AG had the responsibility to follow the law and the Constitution with “independent legal advice to the president.” Sessions followed up:

 “Like any CEO, with a law firm — sometimes the lawyers have to tell the CEO: ‘Mr. CEO, you can’t do that. Don’t do that. We’ll get us sued. It’s going to be in violation of the law. You’ll regret it, please.’ No matter how headstrong they might be. Do you feel like that’s the duty of the attorney general’s office?”

Yates agreed with the 2015 Sessions by saying, “I do believe that that’s the duty of the attorney general’s office, to fairly and impartially evaluate the law and to provide the president and the administration with impartial legal advice.” The year 2017 has a very different president, and Sessions, if confirmed for AG, plans to support the president who lacks respect for the document that Republicans promise to revere.

White House press secretary, Sean Spicer, defended the Muslim ban by citing the tragic attack on a Quebec mosque that killed six people and wounded another eight but made no reference that this was an attack on Muslims. The alleged attacker on the Muslims was Alexandre Bissonnette, a pro-Trump white French Canadian who was known for making anti-immigrant and misogynist remarks. Justin Trudeau accurately called it a terrorist attack on Muslims. Yet the Fox network and the Gab messaging service misinformation insisted on identifying a man of Moroccan descent as a suspect and not a witness.

Another DT defense of the Muslim ban is the attack in San Bernadino by Tashfeen Malick on a K1 visa. Malik was from a wealthy Pakistan family and later moved to Saudi Arabia; neither country is on DT’s list of banned countries. Her husband, who participated in the attack, was a U.S. citizen.

Asked about the five-year-old Iranian boy detained over the weekend in response to DT’s new Muslim ban, Spicer replied, “To assume that just because of someone’s age or gender or whatever that they don’t pose a threat would be wrong.” An 11-month-old baby, a U.S. citizen, was separated from the mother, a legal permanent resident who the Muslim ban tried to deport. The mother was kept from breastfeeding her child.

The press secretary also lied in his references to President Obama’s 2011 policy temporarily delaying visas for Iraqis. And Homeland Security and border patrol officials ignored court orders to release the detainees or even let lawyers see them.

DT also moved James Ragsdale, the Acting Director of Immigration and Customs Enforcement (ICE), to his former position with no explanation. He was replaced with Thomas Homan,  “deporter in chief” who deported at least 920,000 people and “spearheaded the management and reform of the largest civil detention system in the nation” by adding detention beds. An executive order signed by Mr. Trump last week calls for tripling the number of deportation agents. DT has now indicated that he intends to emphasize Homan’s harsh enforcement measures.

The possible confirmation of Jeff Sessions as AG is a continuing constitutional crisis exemplified by the firing of Sally Yates. White supremacist Steve Bannon said that he and Sessions are at the center of Trump’s “pro-America movement” and the global nationalist phenomenon. Bannon claims that the nation is “witnessing now is the birth of a new political order, and the more frantic a handful of media elites become, the more powerful that new political order becomes itself.” Sessions has refused to recuse himself from any investigations into DT, his family, his aides, his conflicts of interest—anything that would challenge DT. And he’ll have the support of the white supremacists.

DT’s firing Yates goes far beyond unconstitutionality of the Muslim ban to raise questions about his commitment to the Constitution and the law of the land. He has said that federal district judge, Gonzalo Curiel, could not properly adjudicate a fraud lawsuit against Trump University because his parents were born in Mexico. DT would “instruct the attorney general to get a special prosecutor to look” into Hillary Clinton if he got elected and suggested he would break the law by waterboarding terrorism suspects.

Firing Yates also raises questions about DT’s relationship with the judiciary, which is intended to be an independent government branch. Did DT require commitments from his new nominees, Sessions and Gorsuch? Would he directly contact them about personal complaints? Or push them toward decisions that he wants?

The United States may be in the midst of a coup, “a change in power from the top that merely results in the abrupt replacement of leading government personnel”–a massive power grab by people who hate the rule of law.

July 7, 2015

Who Do Conservatives—and Fox Hate?

 

The Homeless (and Bill DeBlasio): A Bill O’Reilly segment used Jesse Watters to wander around Penn Station asking homeless people where they slept and whether they had drinking problems. After five minutes of this, he asked mostly white commuters about how scary homeless people are, going so far as to repeatedly asking a young child because she initially expressed some compassion for the homeless. Watters blames New York Mayor DeBlasio because, as O’Reilly and Watters agreed, the homeless knew their place under Giuliani and Bloomberg. 

Black People (ala Geraldo Rivera): After criticism of Kendrick Lamar and hip hop, Rivera concluded that black people’s clothing styles and art forms are responsible for racism and excessive police violence against blacks. Hoodies and sagging pants kill. Peter Johnson, legal analyst for Fox, called people who fight against racism “cultural cousins” of the Charleston killer. Hearing that the anti-racism group Disarm NYPD was to hold a rally against the Confederate flag on July 1, he agreed with Fox and Friends commentators that the rally could be a “precursor” to a terrorist attack and called them “the essence of anarchist values that seek to destroy the country.”

Immigrants: Following Donald Trump’s accusations that undocumented immigrants are largely rapists and other criminals, Megyn Kelly cited Ann Coulter’s “whole book right now that makes this point….  She cites data that does support the fact that some, obvious, immigrants who come across the borders do turn out to be criminals.” Rivera’s statement that “undocumented immigrants commit crimes at a lower rate than the citizen population of the United States” didn’t faze her.

Looking at Donald Trump’s amazing popularity in the polls, Rick Santorum decided to follow the presidential candidate in bashing immigrants. Sunday he told CBS John Dickerson, “People who are coming illegally obviously are coming with a bad intent. Let’s just be honest, they coming with the clear intent of breaking the law.” Trump has support from other GOP candidates New Jersey Gov. Chris Christie and Sen. Ted Cruz (TX).

In Dublin (Ireland), House Speaker John Boehner (R-OH) told an audience that immigration reform is on the top of his agenda. He told people in the United States the same thing two years ago but hasn’t made a move on the issue.

Hollywood “Elite”: Sen. Rand Paul is making a name for himself by railing against the $25,000 seed money that the National Endowment for the Arts awarded the Academy of Motion Pictures Films and Sciences a $25,000 grant to aid in the planning of exhibits for a privately funded $300 million museum in Los Angeles. The man who opposes raising the minimum wage, pay for women, and spending on infrastructure calls the $25,000 the “equivalent of the tax burdens of four Americans.” He also wants to give big oil money while taxing the poor with a regressive flat tax. I call the $25,000 the equivalent of 15 percent that the country gives a member of Congress to do nothing but block progress.

Workers: Objecting to President Obama’s proposal to extend overtime protections to 5 million workers, Ainsley Earhardt explained that this was a bad idea: “I was making 20-some-odd-thousand dollars with my first job as a reporter, and I always said yes to everything that they asked me to do.” Co-host Sandra Smith agreed because former McDonald CEO Ed Rensi told Fox that “these jobs are not careers.”At this time, only workers who make less than $23,660 are eligible for overtime pay. The new rules would extend those protections to workers making as much as $50,440 a year. 

Same-gender couples Who Marry: Crazy Glenn Grothman, Wisconsin state representative, claimed that legalized marriage equality is an offense to those killed in the Civil War, “a strong religious war to further a Christian lifestyle by getting rid of slavery.” According to Grothman, people who died in the Civil War would be “shocked” to learn that the recent Supreme Court ruling used the 14th Amendment’s Equal Protection Clause. According to GOP presidential candidate Mike Huckabee, marriage equality is “an attack on Christians and their religious liberty is a hate crime that must be prosecuted.” In Colorado, the hatred is pointed at “almost all people who want to marry” because the ballot initiative for a state constitutional amendment would allow the rejection of almost any marriage.

The Supreme Court: The solution to progressive rulings at the end of June is to have “retention elections” by the “American people,” according to GOP presidential candidate Sen.Ted Cruz (R-TX). He wants a majority by the U.S. population and majorities in at least half the states to agree that justices are fit for retention. He said, “Who in their right mind would design a system where every major public policy issue of the day is decided not by the people, not by the Constitution, not by the elected representatives, but by nine elite lawyers in Washington, D.C.?” He forgets that the Founding Fathers put that into the Constitution that conservatives claim to revere.

Everyone in the U.S. Who Uses Any Infrastructure: Sen. Mike Lee (R-UT) and Rep. Ron DeSantis (R-FL) introduced the Transportation Empowerment Act (TEA) to terminate the gas tax that funds federal transportation projects and turn the responsibility of maintaining the interstates over to the states. Congress is trashing the country’s valuable infrastructure by refusing to increase the 18.4 cents per gallon put into effect 22 years ago. Just one example is the Arlington Memorial Bridge linking the Lincoln Memorial to Arlington National Cemetery across the Potomac River where several bridge lanes were closed in May and the weight limit eliminated the use of thousands of tour buses.

Recently, eight more states—seven of them Republican—are increasing gas taxes to provide vital repairs to falling bridges and crumbling roads. Nebraska even overrode the governor’s veto. Eight years ago, the collapse of the I-35W Mississippi River Bridge in Minneapolis killed 13 people and injured another 145. The same problems are evident at thousands of other bridges. The man responsible for this devastation is Grover Norquist who has blackmailed almost all GOP candidates into signing a “no-tax” pledge through his Americans for Tax Reform.

Presidential campaigning affects the way that states look at the infrastructure problem. In an attempt to avoid being known as a “tax-and-spend” candidate, Wisconsin Gov. Scott Walker has proposed $1.3 million in transportation bonds. GOP legislators are not happy about his idea, and Walker has pushed back his official candidacy announcement because of the ensuing battles.

Marijuana-Businesses-Donate-Big-Bucks-To-Clean-Up-Highways-In-Colorado

In Colorado, legalized marijuana is helping save the infrastructure. “Pot shops” are putting money into roads and highways, one of them as much as $100,000, beyond the 28-percent taxes that they pay. Republicans have had no comment thus far.

Human Rights Advocates: After the Human Rights Council of the UN condemned Israel for violating human rights of innocent Palestinians last summer, Cruz called for the U.S. to drop its membership in the council. The UN action was pretty tame, considering that Israel emulated the Nazis during World War II by officially calling for genocide against the Palestinians. Cruz has accused the UN of being anti-Semitic—but then he also thinks that UN is trying to close the golf courses in the United States.

People Who Use National Parks and Other Public Lands: The Koch brothers, through its executive director at the Koch-backed Property and Environment Research Center (PERC), is calling for no more national parks. In an op-ed for the New York Times, Reed Watson said that the government doesn’t need to care for lands because “true conservation is taking care of the land and water you already have.” He calls for the end to the Land and Water Conservation Fund (LWCF), a budget-neutral program using funds from offshore oil and gas development fees for federal, state, and local outdoor projects across the country—such as ones at the Grand Canyon and Yellowstone. PERC’s goal is to sell off public lands to the highest bidder so that they can be used for mining, oil drilling, and cutting down trees.

Sen. Rand Paul (R-KY), GOP presidential candidate, supports the Koch brothers plan to turn land back to states to use in any way that conservatives wish. Cliven Bundy, the man who succeeded in not paying the federal government for grazing by calling in renegade gun groups, met with Paul and said that they are “in tune with each other.”

And lots more hatred from conservatives later!

© blogfactory

Genuine news

Civil Rights Advocacy

Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has. -- Margaret Mead

AGR Daily News

Transformational News; What Works For Seven Future Generations Without Causing Harm?

JONATHAN TURLEY

Res ipsa loquitur - The thing itself speaks

Jennifer Hofmann

Inspiration for soul-divers, seekers, and activists.

Occupy Democrats

Progressive political commentary/book reviews for youth and adults

V e t P o l i t i c s

politics from a liberal veteran's perspective

Margaret and Helen

Best Friends for Sixty Years and Counting...

Rainbow round table news

Official News Outlet for the Rainbow Round Table of the American Library Association

The Extinction Protocol

Geologic and Earthchange News events

Central Oregon Coast NOW

The Central Oregon Coast Chapter of the National Organization for Women (NOW)

Social Justice For All

Working towards global equity and equality

Over the Rainbow Books

A Book List from Gay, Lesbian, Bisexual, and Transgender Round Table of the American Library Association

The WordPress.com Blog

The latest news on WordPress.com and the WordPress community.

%d bloggers like this: