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Hot air and ill-informed banter

Stop using mental illness to avoid talking about armed white supremacy.

Come for the politics, stay for the snark.

They fucked up the fucking up of the fuckup!

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fuckem (in honor of the late great efgoldman)

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When do the post office & the dmv weigh in on the wuhan virus?

A sufficient plurality of insane, greedy people can tank any democratic system ever devised, apparently.

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You are here: Home / Politics / Activist Judges! / Repub Venality Open Thread: Jefferson Davis Beauregard III Lives Out His Authoritarian Dreams

Repub Venality Open Thread: Jefferson Davis Beauregard III Lives Out His Authoritarian Dreams

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If “rule of law” meant anything other than “people with power should have a free hand to do what they like to people without power”, the rule-of-law people would be screaming themselves blue over this. As if we needed any further proof they’re acting in bad faith…

… Sessions has stepped into the immigration system in an unprecedented manner: giving himself and his office the ability to review, and rewrite, cases that could set precedents for a large share of the hundreds of thousands of immigrants with pending immigration court cases, not to mention all those who are arrested and put into the deportation process in future.

He’s doing this by taking cases from the Board of Immigration Appeals — the Justice Department agency that serves as a quasi-appellate body for immigration court cases — and referring them to himself to issue a decision instead.

Sessions isn’t giving lawyers much information about what he’s planning. But he’s set himself up, if he wants, to make it radically harder for immigration judges to push cases off their docket to be resolved elsewhere or paused indefinitely — and to close the best opportunity that tens of thousands of asylum seekers, including most Central Americans, have to stay in the United States. And he might be gearing up to extend his involvement even further, by giving himself the authority to review a much bigger swath of rulings issued in the immigration court system…

Immigration courts aren’t part of the judicial branch; they’re under the authority of the Department of Justice. Their judges are supposed to have some degree of independence, and some judges are certainly harsher on immigrants and asylum seekers than others. But their decisions are guided by precedent from the Board of Immigration Appeals, which is basically the appellate court of the immigration system and which also answers to the DOJ and the attorney general.

If the attorney general doesn’t like that precedent, he has the power to change it — by referring a case to himself after the Board of Immigration Appeals has reviewed it, issuing a new ruling, and telling the immigration courts to abide by the precedent that ruling sets in future…

In theory, Sessions’s office is supposed to make its decision based on amicus briefs from outside parties, as well as the immigrant’s lawyer and the Immigration and Customs Enforcement (ICE) prosecutor. But advocates and lawyers’ groups say they can’t file a good brief if they don’t know what, exactly, the cases Sessions is getting involved in actually are — and Sessions is withholding that information.

In one of the cases Sessions has referred to himself, the DOJ refused to provide a copy of the decision that Sessions is reviewing or any information about where the case came from and who the immigrant’s lawyer was. In another case, congressional staff happened to find the decision under review on a DOJ website days before the deadline for amicus briefs.

That opacity makes it basically impossible to know whether Sessions is planning to issue relatively narrow rulings or very broad ones. In the case in which the decision under review was discovered by congressional staffers, both the immigrant’s lawyer and the Department of Homeland Security (serving as the prosecution) asked Sessions’s office to clarify the specific legal question at hand in the review — in other words, to give them a hint of the scope of the potential precedent being set. They were denied…

Sessions and the Trump administration claim they’re trying to restore efficiency to a backlogged court system that poses the biggest obstacle to the large-scale swift deportation of border-crossing families and to unauthorized immigrants living in the US. But lawyers are convinced that Sessions’s diktats, if they’re as broad as feared, would just gum up the works further.

“If the attorney general were seriously concerned about the backlog, as opposed to a desire for quick deportations, he would be focused on transferring as many cases away from” immigration judges as possible, attorney Jeremy McKinney told Vox — not forcing them to keep cases on their docket that they would rather close, or that could be rendered moot by other decisions. It’s “not smart docket control.”

And Sessions isn’t simply planning to issue these rulings and walk away. His office is planning to give itself even wider power over the immigration court system. A notice published as part of the department’s spring 2018 regulatory agenda says, “The Department of Justice (DOJ) proposes to change the circumstances in which the Attorney General may refer cases to himself for review. Such case types will include those pending before the Board of Immigration Appeals (BIA) but not yet decided and certain immigration judge decisions regardless of whether those decisions have been appealed to the BIA.”

In other words, even when a DOJ judge makes a ruling in an immigrant’s favor and ICE prosecutors don’t try to appeal the ruling, the attorney general’s office could sweep in and overrule the judge…

If the Attorney General believes this is an improvement over the current system, why is he so determined to keep the mechanisms secret?

I personally suspect Mr. Sessions’ ambitions have something to do with last weekend’s flurry of reports about “President” Trump screaming at Homeland Security Secretary Nielsen. If the blond chick can’t throw enough brown people out of “our country” fast enough, Judge Jeff assures Lord Smallgloves, then by Christianist Jeebus he’ll roll up his sleeves and git ‘er done. It’s not as if Trump calling him nasty names has deterred his zeal for enforcing the “Just Us” of Justice in the past…

Reader Interactions

76Comments

  1. 1.

    Feebog

    These assholes can’t be gone soon enough. We have a stone cold racist as Attorney General and he isn’t even the worst of this nest of vipers.

  2. 2.

    Villago Delenda Est

    Sessions is simply evil. Remember, he was deemed “too racist” back during the Reagan administration for a federal judgeship.

  5. 5.

    TenguPhule

    Jeff Sessions is referring cases in the immigration court system TO HIMSELF for review—and planning a regulation that will give him even MORE power to.

    This is just fine. //s

    We are not walking towards fascism and dictatorship, we’re fucking sprinting there.

  7. 7.

    TenguPhule

    @schrodingers_cat:

    But the feelings of T voters are more precious than the lives of these children being separated from their parents at the border.

    The honor of a White Senator shall not be questioned. //s

  10. 10.

    Aleta

    Truly, lock him up.

    In addition to the trauma and sadism of this forced removal of kids from their parents: it makes the children incredibly vulnerable to predators who are intentionally working in the system.

  12. 12.

    Another Scott

    This certainly sounds like Sessions is trying to set himself up as someone outside of the law.

    JFK on the Situation at the University of Mississippi (1962):

    This is as it should be, for our Nation is founded on the principle that observance of the law is the eternal safeguard of liberty and defiance of the law is the surest road to tyranny. The law which we obey includes the final rulings of the courts, as well as the enactment’s of our legislative bodies. Even among law-abiding men few laws are universally loved, but they are uniformly respected and not resisted.

    Americans are free, in short, to disagree with the law but not to disobey it. For in a government of laws and not of men, no man, however prominent or powerful, and no mob, however unruly or boisterous, is entitled to defy a court of law. If this country should ever reach the point where any man or group of men by force or threat of force could long defy the commands of our court and our Constitution, then no law would stand free from doubt, no judge would be sure of his writ, and no citizen would be safe from his neighbors.

    Preach.

    I hope the ACLU, and others, are preparing their briefs. Everyone in the country has the protection of the Constitution – no matter the details of their situation.

    Cheers,
    Scott.

  13. 13.

    TenguPhule

    @Another Scott:

    If this country should ever reach the point where any man or group of men by force or threat of force could long defy the commands of our court and our Constitution, then no law would stand free from doubt, no judge would be sure of his writ, and no citizen would be safe from his neighbors.

    That day has come.

  15. 15.

    burnspbesq

    When the Dems get control, they need to pass legislation creating an Article I court to handle immigration matters. Trump will veto it, but it’s still good politics and the moral thing to do.

  16. 16.

    Michael Bersin

    Today in St. Louis the circuit attorney (Kim Gardner) dismissed the felony invasion of privacy case against Missouri Governor Eric Greitens (r). In her statement the circuit attorney cited the judge’s decision to allow the defense to question her as a witness. She also stated that she plans on seeking a special prosecutor and refiling the case. Meanwhile Eric Greitens (r) and his supporters are somehow celebrating:

    “So far, so good…”

    There’s still a different charge of theft of a donor mailing list (campaign finance) and a continuing impeachment investigation by the Missouri House Special Investigative Committee on Oversight.

    Meanwhile, the republican leadership of the General Assembly (with super majorities in both house) has issued statements restating that they want Eric Greitens (r) to step down.

    I plan on being in the side gallery of the House in Jefferson City to cover the end of the regular session this week on Tuesday, Thursday and Friday and the opening of the special session (on impeachment) at 6:30 p.m. on Friday. Tomorrow should be a really interesting day for conversations…

  18. 18.

    chris

    Call to action.

    Democrats are planning to force a vote in the senate DAY AFTER TOMORROW (Wed.) which would reinstate net neutrality rules. Inside is contact info for every single US Senator.

  20. 20.

    Formerly disgruntled in Oregon

    This is truly disgusting and alarming behavior, a new low even for this administration! Our next Democratic Attorney General is going to have a tremendous amount of cleanup to do in 2021 (FSM willing). And they’re gonna need ongoing pressure from us to do the hard work that’s in store.

  21. 21.

    efgoldman

    They have soiled and demeaned every office, every building, every piece of furniture, every square foot of concrete, every liter of air they breathe and any person who gives them legitimacy. They are a blight on the planet.

    Fuckem

  22. 22.

    Aleta

    Sessions to the National Sheriffs’ Association in February 2018:

    “The office of sheriff is a critical part of the Anglo-American heritage of law enforcement. We must never erode this historic office.”

  23. 23.

    Balconesfault

    I’m just hoping that more farmers, and more ranchers, and more construction contractors, etc etc, who thought they were just electing a guy who would give them more power to stick it to their workers whenever they wanted… Get to see their businesses collapse and produce rotting in the fields thanks to the DOJ under Sessions chasing away their cheap workforce. And may the economies of their shole red districts collapse with them.

  27. 27.

    burnspbesq

    @B.B.A.:

    That can come after a universal Medicare opt-in and a 65 percent rate on long-term capital gains.

  29. 29.

    efgoldman

    @TenguPhule:

    The Bundys in Nevada.

    What about them. Yes, they were tried and got off. Have they set up a government in a single state or county/ Are they charging taxes? Have they arrested and evicted, tried or imprisoned any legitimate officials?
    They’re assholes, but Omnes is right.

    ETA: People that are obviously guilty get acquitted fairly regularly.

    @Omnes Omnibus:

    I presume you have a point?

    His point is always the apocalypse is nigh, we are all doomed. It is beyond tiresome.

  30. 30.

    MomSense

    @schrodingers_cat:

    I was watching Joy Reid on Saturday and they were saying that there are 1,500 missing children. I’m beside myself thinking about what may have happened to them and how their parents must be worrying.

  32. 32.

    Aleta

    Re: Sessions referring cases from the Board of Immigration Appeals to himself

    Could this be related to his war on California — an attempt to get around the laws Ca (and Brown) passed to protect undocumented immigrants, and Ca’s defense of sanctuary cities?

  34. 34.

    Geeno

    So the executive is arrogating to itself judicial power. Good to know.
    So, if this doesn’t cause rebellion, how before the executive decides that they’re the most informed people to make habeas decisions.

  35. 35.

    Michael Bersin

    @trollhattan:

    Nah. I’d be surprised at this point if he escapes impeachment in the House. Enough republicans in the General Assembly are disgusted by his sociopathic behavior (many have directly witnessed it in other circumstances) and also happen to hate him with the heat of a thousand blazing suns.

    The buzz is that this dismissal is bad news for Greitens (r). The fear was that if he were acquitted of the narrow charge (his victim stated that he tied her up, blindfolded her and took a cell phone photo of her partially nude and then threatened to release the photo if she said anything to anyone. No photo has been recovered.), it would derail the impeachment charges which are of a wider scope. The other criminal charges (stealing the donor list) are still up.

  38. 38.

    gene108

    If “rule of law” meant anything other than “people with power should have a free hand to do what they like to people without power”, the rule-of-law people would be screaming themselves blue over this

    You are funny. The Rule of Law is about maintaining white conservative Christian superiority or even supremacy over the rest of the population.

    Anything that doesn’t conform to their power structure is lawless oppression of the worst kind.

  39. 39.

    ?BillinGlendaleCA

    @Aleta: No, because the folk in California will never be in the immigration courts unless they’re picked up by ICE or in those cities that have decided to not be sanctuary cities(there about 4 or 5 of those in the OC and San Berdo counties).

  40. 40.

    ? ?? Goku (aka Amerikan Baka) ? ?

    Sessions is an evil fuck who needs to booted out on his ass.

  43. 43.

    ? ?? Goku (aka Amerikan Baka) ? ?

    @Michael Bersin:
    If they’re so disgusted with Greitens, why can’t these same Repubs be disgusted with Trump? Why are the dynamics so different? More at stake?

  46. 46.

    gene108

    I am still amazed this country has made any progress on civil rights, given how fierce the backlash had been to every gain.

    School districts in VA shutdown rather than integrate. People were murdered trying to register black voters in MS.

    And yet, somehow, progress has been made.

  49. 49.

    Marcopolo

    @? ?? Goku (aka Amerikan Baka) ? ?: Basically, Greitens came in as a newly converted D to R politician, leapfrogged a bunch of established/ establishment R’s to win the R nomination for Gov (partially by shitting all over those R’s), primarily was bankrolled by a couple billionaires (as opposed to the traditional R finders), then when he was elected told those R’s it was his way or the highway. He also spent a lot of time last year cozying up to Trump & Pence (at least 5 or 6 trips to DC). He really doesn’t have any R legislative friends, never spent any time cultivating those relationships, and actually invested time/energy in shitting on R legislators who didn’t kowtow enough.

    Guess we will see if that, combined with his bad behavior actually does wind up getting him impeached.

    The dynamics between R congresscritters & Trump is slightly different in respect to the rabidness of his base scares the crap out of them & there isn’t the same scary rabid Greitens base.

  50. 50.

    NotMax

    Open thread?

    From late last week.

    Teaching manuals in Gulf Arab-financed mosques in Belgium promote anti-semitic stereotypes of Jews and call for the persecution of homosexuals, according to a leaked Belgian intelligence report.

    The texts used in mosques including the Brussels Grand Mosque call for gays to be stoned to death or thrown off buildings and describe Jews as “evil”, the report by the OCAM national terrorism monitoring centre said.
    [snip]The manuals call Jews a “corrupt, evil and treacherous people” and call for “war” on all people who do not follow Sunni Islam.

    They also recommend “stoning” and “fire” as methods of killing gays, along with throwing them off “the highest building in the village”.
    [snip]
    OCAM said such manuals are widely available “thanks to the unlimited financial and technological means of the proselytising apparatus of Saudi Arabia and other Gulf states.”

    The manuals, it added, were found not only in Belgium but also in neighbouring countries, both in hard copy and online. Source

    And while on the subject of Belgium, missed this from last month.

    Belgium is set to name a square in Brussels after late Congolese independence hero Patrice Lumumba, the first public place in the former colonial power to honour him, an official said Tuesday.

    Brussels mayor Philippe Close said that the local council would vote next Monday on his proposal for the tribute to Lumumba, who was assassinated in 1961. Source

    Old enough to remember Lumumba being portrayed in U.S. media as the boogeyman and a stalking horse for Communism, day after day.

  51. 51.

    kindness

    There is a reason Sessions hasn’t quit yet. He is one evil elf too. I am wary of what comes of this.

  52. 52.

    Marcopolo

    @Michael Bersin: St Louisan here. I think the dismissal is a wash for Greitens. As I posted in a the thread two below this, I have no idea how the email issue plays out, how the Confide app investigation plays out, or whether the MO lege will wind up having the balls to actually impeach him—though I do think his Lt Gov would be totally acceptable to them if they did.

  55. 55.

    Aleta

    @kindness: Could he still be hoping to get an appt to head Homeland Security? (Supposedly he was considered last summer before N. ended up with the appointment.) That darn Mueller!

  56. 56.

    Aleta

    @?BillinGlendaleCA: OK, thanks for explaining that.

    eta Your site is stunning. Your work in texture (if that’s true) really came across to me on the site. Texture in still photos is quite endlessly cool.

  57. 57.

    Frankensteinbeck

    @Aleta: and @Geeno: and for that matter @TenguPhule:
    Read the article. Sessions is not usurping the judicial branch in any way. He is personally bypassing Department of Justice review systems that were already under his power. It is still a terrible thing, obviously meant to let him kick people out of the country instead of giving them a fair review, but it’s not the same as overriding, ignoring, or bypassing the actual legal system.

  58. 58.

    Mnemosyne

    So a question for the lawyers:

    Given that our immigration courts and detention system are fucked up in about a thousand different ways, would we be better off declaring immigration violations a criminal offense so people have access to Constitutional protections like public defenders, or would it just make things worse?

  65. 65.

    Adam L Silverman

    @Aleta: No. He’s obsessed with speeding up the immigration hearing process, which falls within DOJ. He’s already changed the rules regarding how many cases each immigration judge must hear per year. Rather than request funding and authorization to hire more to fix a backlogged system, he’s made their annual evaluations based on how many cases they dispose of. What Vox is reporting that he’s doing is to further reach in, under the authority of his office, and pull individual cases out. Apparently to establish new precedents for disposing of certain types of asylum and/or immigration claims. He thinks this will both speed things up and result in fewer asylum seekers being granted asylum. What it is likely to do is further backlog the immigration courts, leading to more appeals, which will then spill over to the actual Federal appellate judiciary where it will irk the Federal appellate judges because he’s now created more work for them.

    He has a clear agenda here. And he has authorities he can use to achieve his objectives because his objectives are so radically different than those of his predecessors in terms of how the immigration system should function. AG Sessions ultimate goal is to return US immigration law back to what it was in 1924. Having an Attorney General with that objective was not foreseen when these authorities were created within the Office of the Attorney General and the DOJ when we updated the immigration laws and reworked the immigration system beginning in the mid 1960s. Like so much else – the electoral college, the ever worsening malaportionment of the Senate, etc – Sessions has weaponized institutional authorities that were never intended to be weapons. That’s what you’re seeing here. As much as I think he’s bad news, I cannot imagine an Attorney General Christie doing any of this because for all his faults, Christie does not appear to be a xenophobic bigot.

  66. 66.

    Adam L Silverman

    @Geeno: No the executive isn’t. These powers and authorities reside within the executive because immigration courts are part of DOJ, not part of the Federal court system. As @burnspbesq: stated, this certainly needs to be remedied.

  68. 68.

    Adam L Silverman

    @NotMax: Those aren’t Gulf financed, they’re specifically Saudi financed. Which is not news. They’ve been exporting these text books and instructional material and even the teachers and preachers for decades. It is the real danger with the Saudi understanding of Islam rooted in Wahhab’s teaching of the radical unity of the Deity (tawheed). Because it is theology, not jurisprudence, it can be exported everywhere within the Sunni Muslim world and it can infiltrate and radicalize all four of the Sunni schools of jurisprudence (madhabs). Al Qaeda is an even more radical outgrowth of Saudi tawheed. ISIS even more so.

  69. 69.

    Adam L Silverman

    @Omnes Omnibus: Yep. And we’re going to have a lot of work ahead, because the norms and traditions are going to have to be written into law going forward.

  70. 70.

    Yarrow

    @Omnes Omnibus:

    The whole system was/is based on people accepting both the rules and norms.

    Yep. And norms are being ignored, bulldozed over, laughed at and made useless.

    @Adam L Silverman:

    the norms and traditions are going to have to be written into law going forward.

    I can’t imagine how long and difficult this is going to be. These people have certainly shown us where the weaknesses in our system are.

  71. 71.

    Mnemosyne

    @Omnes Omnibus:

    How are the current immigration courts funded?

    We can’t continue with the current system where 4-year-olds are supposed to defend themselves against deportation because no one is entitled to a lawyer if they can’t afford one. It’s fucking immoral.

  72. 72.

    Geeno

    Thanks to replyers (repliers ?) – I am somewhat (but only somewhat) more sanguine about this.

    ETA: WTF is the proper spelling of the word referring to multiple people who reply to something – my spellcheck has no clue.

  76. 76.

    rikyrah

    @MomSense:

    I was watching Joy Reid on Saturday and they were saying that there are 1,500 missing children. I’m beside myself thinking about what may have happened to them and how their parents must be worrying.

    My mind goes to dark places.
    Organ harvesting..
    Sex trafficking..
    always pop up for me.

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