Category Archives: democracy

Constitutional experts describe how Trump may pose a threat to democracy

Ryan Goodman writes: In his debut on this past weekend’s Sunday morning shows, Stephen Miller, the President’s Senior Policy Advisor, repeated what to some was an alarming statement about the federal judiciary. Defending the White House’s immigration and refugee Executive Order against significant setbacks in federal court including a few days earlier the Appeals Court for the Ninth Circuit, Miller said on Meet the Press:

I also want to be clear we’ve heard a lot of talk about how all the branches of government are equal. That’s the point. They are equal. There’s no such thing as judicial supremacy. What the judges did, both at the ninth and at the district level was to take power for themselves that belongs squarely in the hands of the president of the United States.

I posed the following question to some of the most highly respected constitutional law experts across the country, excluding current members of Just Security’s Board of Editors. I separately sent each person excerpts (see here) of transcripts of Fox News Sunday and Meet the Press, and posed the following query:

Some worry that at some point our country may face a constitutional crisis in which President Trump does not comply with a decision of the Supreme Court, whether in the immigration context or some other case. In view of that concern, how do you view Miller’s statements? You might say, for example, whether you think his views are part of a mainstream school of thought in constitutional law, are potentially limited to the immigration context, or represent a view that would support the President’s disregarding judicial orders from the federal courts or the Supreme Court in particular. Please feel free to address any one of those dimensions or another that you think this issue raises.

Throughout the answers below, the emphasis in the text (in bold) is provided by me, not the author of the statement.

1. Strong Rejection of Miller’s Statements as Expression of Attitude or Ideology

Professor Laurence Tribe, Carl M. Loeb University Professor and Professor of Constitutional Law at Harvard:

We can try to interrogate what Miller said by recourse to different legal schools of thought and the like, but I want to focus on a different plane and the one in which I believe Miller attempted to register his claim. I am concerned that, well beyond a purely theoretical and ignorant account of the role of an independent judiciary, Miller appears to be channeling President Trump’s underlying attitude, one doubtless not formulated in theoretical terms but baked into his personality and his sense of what it means to be a strong president. In that respect, Miller seemed to be engaged in a performance to earn the praise of his boss. The performance was consistent with the attitude Mr. Trump expressed in disparaging the supposedly “Mexican judge” Curiel back during the campaign, in calling U.S. District Court Judge Robart a “so-called judge,” and in saying the remarkably thoughtful 9th Circuit oral argument was “disgraceful” and “political” when it was as far from either as a judicial exchange dealing with a politically explosive issue could be. It is this gestalt—rather than a well formulated theory of the judiciary’s role—that may someday threaten the foundations of our constitutional democracy if not in this litigation under the Trump administration than in another.

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Gerrymandering is why American democracy is broken

Brian Klaas writes: There is an enormous paradox at the heart of American democracy. Congress is deeply and stubbornly unpopular. On average, between 10 and 15 percent of Americans approve of Congress – on a par with public support for traffic jams and cockroaches. And yet, in the 2016 election, only eight incumbents – eight out of a body of 435 representatives – were defeated at the polls.

If there is one silver bullet that could fix American democracy, it’s getting rid of gerrymandering – the now commonplace practice of drawing electoral districts in a distorted way for partisan gain. It’s also one of a dwindling number of issues that principled citizens – Democrat and Republican – should be able to agree on. Indeed, polls confirm that an overwhelming majority of Americans of all stripes oppose gerrymandering.

In the 2016 elections for the House of Representatives, the average electoral margin of victory was 37.1 percent. That’s a figure you’d expect from North Korea, Russia or Zimbabwe – not the United States. But the shocking reality is that the typical race ended with a Democrat or a Republican winning nearly 70 percent of the vote, while their challenger won just 30 percent. [Continue reading…]

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Stephen Miller: ‘the powers of the president … will not be questioned’

 

Univision News: Some of the students who knew Miller in high school said he had no interests other than radical politics, and that he always seemed unhappy.

“He had a lot of grudges. He didn’t go out of his way to go to dances or to have girlfriends,” de la Torre said. “I don’t remember ever seeing him smile.”

The Atlantic: “Miller had two very well earned reputations: as an aggressive self-promoter and as a bomb thrower,” said one friend of Miller’s from Duke who holds him in high regard and requested anonymity for professional reasons. “He was extremely effective at both. He sustained himself on liberal tears and hysteria. Some Duke [College Republicans] used to call him the ‘Miller Outrage Machine.’ You might say he was the Trump campaign 10 years before the Trump campaign.”

 

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Israel bulldozes democracy

Ayman Odeh writes: Prime Minister Benjamin Netanyahu of Israel is expected to visit Washington this week to meet with President Trump, presumably to discuss the political philosophy they share: power through hate and fear. A government that bars refugees and Muslims from entering the United States has much in common with one that permits Israeli settlers to steal land from Palestinians, as a new law that Mr. Netanyahu’s coalition pushed through Parliament last week did.

Like Mr. Trump, Mr. Netanyahu used blatant race-baiting tactics to win his last election, in 2015. Since then, he has made discrimination against Palestinian citizens of Israel central to his agenda. This takes many forms; a particularly painful one is his government’s racist, unjust land use and housing policies.

Arabs make up one-fifth of Israel’s population, yet only 2.5 percent of the state’s land is under Arab jurisdiction. And since the founding of the state, more than 700 new towns and cities have been built for Jews, while no new cities have been built for Arabs.

In Arab towns, the government has made building permits so difficult to obtain, and grants them so rarely, that many inhabitants have resorted to constructing new housing units on their properties without permits just to keep up with growing families that have nowhere else to go. As a result, Arab communities have become more and more densely populated, turning pastoral villages into concrete jungles. [Continue reading…]

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The fragile condition of Europe’s youngest democracies

Jan Kubik writes: On 31 January, during an evening session that was suspiciously secretive, the Romanian government adopted two ordinances changing the country’s penal code. The measures were immediately seen by many as a clumsy attempt to decriminalise certain corruption offences, with the main beneficiaries being the politicians of the ruling party. Street protests broke out during that night, culminating last Sunday in the biggest demonstration since the fall of communism.

These events bring into sharp relief the main features of a volatile situation in eastern Europe where three forces vie for dominance: disconnected and sometimes corrupt “traditional” politicians, increasingly impatient and angry publics and assertive demagogues.

The east central Europe that shed communism in 1989 is a convenient laboratory to observe the emergence of a new politics. It is not necessarily due to its politicians being more corrupt, its demagogues flashier (who can compete with Trump?) and its publics angrier. It is more because its democracies are still fresher, more “basic”, their institutions not yet wrapped in a resilient layer of protective pro-democratic cultures. The whole system is thus more exposed to pressure tests. [Continue reading…]

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Popular support for the rule of law and democracy has weakened across America

Austin Sarat writes: There is much to celebrate in the court decision against President Trump’s immigration ban. It was a stirring victory for the rule of law and reaffirmation of the independence of the judiciary. Yet America faces a serious problem which that decision did not address: the erosion of public faith in the rule of law and democratic governance.

While we have been focused on partisan divides over government policy and personnel, an almost invisible erosion of the foundations of our political system has been taking place. Public support for the rule of law and democracy can no longer be taken for granted.

In 2017, the rule of law and democracy itself are under attack by President Trump and his administration. This is as much a symptom as a cause of our current crisis. Public Policy Polling has released the startling results of a national survey taken this week. Those results show significant fissures in the public’s embrace of the rule of law and democracy.

Only 53% of those surveyed said that they “trust judges more than President Trump to make the right decisions for the United States.” In this cross-section of Americans, 38% said they trusted Donald Trump more than our country’s judges. 9% were undecided. Support for the rule of law seemed higher when respondents were asked whether they thought that President Trump should “be able to overturn decisions by judges” when he disagrees with those decisions. Here only 25% agreed, with 11% saying they were unsure. [Continue reading…]

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Why Sweden is so worried about the Trump administration

Anne Applebaum writes: A winter evening in Stockholm, lights glinting in the harbor, snow falling outside. “And what about us,” I am asked, “up here in the North? What happens to us?” My Swedish companions are journalists, analysts and civil servants, people who care about their country’s national security. Though neither elite nor wealthy, they do share a worldview. They think their country’s prosperity depends on the European Union and its open markets. They also think their safety depends on the United States’ commitment to Europe. And since President Trump took office, they suddenly find themselves staring into an unfathomable abyss.

It’s not party politics that bother them: These are conservatives, by Swedish standards, and Republican presidents have suited them in the past. Trump’s tweeting and bragging don’t bother them that much either, though they find these unseemly. The real problem is deeper: Sweden’s economic and political model depends on Pax Americana, the set of American-written and American-backed rules that have governed transatlantic commerce and politics for 70 years — and they fear Trump will bring Pax Americana crashing down. Nor are they alone: Variations of this conversation are taking place in every European capital and many Asian capitals too.

The Swedes do have specific, parochial concerns, and one of them is Russia. For the past several years, Russia has played games with their air force and navy, buzzing Swedish air space and sending submarines along the coast. Jittery Swedes have brought back civil defense drills, and until November, it looked as though other changes were coming. Once, Swedish neutrality was a useful fiction, both for them and for the United States, because it gave Sweden a role as a negotiator. Now, Swedish support for joining NATO is at an all-time high. But they seem to be late to the party. If the U.S. president feels lukewarm about NATO, then what is the point? [Continue reading…]

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Fukuyama describes how democracy is unraveling

Ishaan Tharoor writes: Francis Fukuyama, an acclaimed American political philosopher, entered the global imagination at the end of the Cold War when he prophesied the “end of history” — a belief that, after the fall of communism, free-market liberal democracy had won out and would become the world’s “final form of human government.” Now, at a moment when liberal democracy seems to be in crisis across the West, Fukuyama, too, wonders about its future.

“Twenty five years ago, I didn’t have a sense or a theory about how democracies can go backward,” said Fukuyama in a phone interview. “And I think they clearly can.”

Fukuyama’s initial argument (which I’ve greatly over-simplified) framed the international zeitgeist for the past two decades. Globalization was the vehicle by which liberalism would spread across the globe. The rule of law and institutions would supplant power politics and tribal divisions. Supranational bodies like the European Union seemed to embody those ideals.

But if the havoc of the Great Recession and the growing clout of authoritarian states like China and Russia hadn’t already upset the story, Brexit and the election of President Trump last year certainly did.

Now the backlash of right-wing nationalism on both sides of the Atlantic is in full swing. This week, French far-right leader Marine Le Pen announced her candidacy for president with a scathing attack on the liberal status quo. “Our leaders chose globalization, which they wanted to be a happy thing. It turned out to be a horrible thing,” Le Pen thundered.

Fukuyama recognizes the crisis. “Globalization really does seem to produce these internal tensions within democracies that these institutions have some trouble reconciling,” he said. Combined with grievances over immigration and multiculturalism, it created room for the “demagogic populism” that catapulted Trump into the White House. That has Fukuyama deeply concerned. [Continue reading…]

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Unlike all previous U.S. presidents, Trump almost never mentions democratic ideals

David Beaver and Jason Stanley writes: As many have noted, when President Donald J. Trump speaks publicly, his rhetorical style is quite different from that of previous presidents. From the inauguration to his National Prayer Breakfast address to his provocative tweets, the president seems to speak just to his supporters. He regularly wields the language of violence and destruction against those who oppose his actions.

Ordinarily, presidents use democratic rhetoric with the goal of unifying Americans who have different private beliefs behind the same set of democratic ideals. This president’s rhetoric is significantly different.

Here’s how we compared Trump’s commitment to democratic ideals with the commitment of his predecessors

The central norms of liberal democratic societies are liberty, justice, truth, public goods and tolerance. To our knowledge, no one has proposed a metric by which to judge a politician’s commitment to these democratic ideals.

A direct way suggested itself to us: Why not simply add up the number of times those words and their synonyms are deployed? If the database is large enough, this should provide a rough measure of a politician’s commitment to these ideals. How does Trump’s use of these words compare to that of his presidential predecessors?

At Language Log, the linguist Mark Liberman graphed how unusual Trump’s inaugural speech was, graphing the frequency of critical words used in each of the past 50 years’ inaugural speeches — and showing how much more nationalist language, and how much less democratic language Trump used than did his predecessors. [Continue reading…]

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This is how people can truly take back control: from the bottom up

George Monbiot writes: Without community, politics is dead. But communities have been scattered like dust in the wind. At work, at home, both practically and imaginatively, we are atomised.

As a result, politics is experienced by many people as an external force: dull and irrelevant at best, oppressive and frightening at worst. It is handed down from above rather than developed from below. There are exceptions – the Sanders and Corbyn campaigns, for instance – but even they seemed shallowly rooted in comparison with the deep foundations of solidarity movements grew from in the past, and may disperse as quickly as they gather.

It is in the powder of shattered communities that anti-politics swirls, raising towering dust-devils of demagoguery and extremism. These tornadoes threaten to tear down whatever social structures still stand.

When people are atomised and afraid, they feel driven to defend their own interests against other people’s. In other words, they are pushed away from intrinsic values such as empathy, connectedness and kindness, and towards extrinsic values such as power, fame and status. The problem created by the politics of extreme individualism is self-perpetuating. Conversely, a political model based only on state provision can leave people dependent, isolated and highly vulnerable to cuts. The welfare state remains essential: it has relieved levels of want and squalor that many people now find hard to imagine. But it can also, inadvertently, erode community, sorting people into silos to deliver isolated services, weakening their ties to society. [Continue reading…]

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Russia’s not-so-hot Euro-election subversion strategy is failing in France

Christopher Dickey writes: If Vladimir Putin’s keyboard commandos are hoping to hack up French presidential elections the way they did America’s, they are, well, a little off their game. And their more-than-willing tool, Julian Assange, the Australian anarchist who brought us WikiLeaks, appears to be getting a little antsy.

It’s been a week or so since Assange announced he had pirated cables and emails about the three most prominent candidates, but nobody in France paid much—or any—attention. The cables were old, had been well sifted in the past, and there were other much bigger, fresher, and sexier scandals emerging from more conventional sources.

So Russia’s state-subsidized news sites tried to give Assange a boost. Sputnik, straining to write something entertaining about such a non-story, cobbled together a piece on Feb. 2 from various Twitter feeds mocking those who suggested the latest WikiLeaks announcement was part of a Russian democracy-disrupting conspiracy like the alleged one that made U.S. President Donald Trump’s election resemble a bad serialized version of The Manchurian Candidate.

“WikiLeaks vs. French Presidential Hopefuls: Who is the real ‘Kremlin Agent’?” read the headline. The conclusion, of course, none of the above.

But in the days since, it’s begun to look more and more as if Assange, at least, wants rather desperately to sway the elections, which are now three months away, and he’s doing his best to focus his leaks on the candidates most likely to face far-right-wing populist nationalist Marine Le Pen in the final showdown for the French presidency. [Continue reading…]

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Authoritarians have no trouble finding the people they need to carry out their acts of cruelty

Chris Edelson writes: A week ago, men and women went to work at airports around the United States as they always do. They showered, got dressed, ate breakfast, perhaps dropped off their kids at school. Then they reported to their jobs as federal government employees, where, according to news reports, one of them handcuffed a 5-year-old child, separated him from his mother and detained him alone for several hours at Dulles airport.

At least one other federal employee at Dulles reportedly detained a woman who was traveling with her two children, both U.S. citizens, for 20 hours without food. A relative says the mother was handcuffed (even when she went to the bathroom) and threatened with deportation to Somalia.

At Kennedy Airport, still other federal employees detained and handcuffed a 65-year-old woman traveling from Qatar to visit her son, who is a U.S. citizen and serviceman stationed at Fort Bragg, N.C. The woman was held for more than 33 hours, according to the New York Times, and denied use of a wheelchair.

The men and women who work for the federal government completed these and other tasks and then returned to their families, where perhaps they had dinner and read stories to their children before bedtime.[Continue reading…]

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The man who could make Marine Le Pen president of France

Angelique Chrisafis writes: On the night of the US election, Florian Philippot, the closest adviser to the French far-right leader Marine Le Pen, was watching the results from his apartment on the Left Bank in Paris. Before dawn, when Donald Trump’s victory was not yet official but the liberal establishment was beginning to panic, he tweeted: “Their world is crumbling. Ours is being built.”

Around 8am, Philippot phoned Le Pen to discuss the good news. She was in a jubilant mood at the headquarters of her party – the nationalist, anti-immigration Front National – preparing to deliver a speech congratulating Trump. His victory, on promises of trade protectionism and the closing of borders, looked like a major boost to her presidential campaign. Meanwhile, a car arrived to take Philippot, the party’s vice-president, to the village of Colombey-les-Deux-Eglises, 250km from Paris, to lay a wreath at the tomb of France’s great postwar leader, General Charles de Gaulle.

Trump’s victory happened to coincide with the anniversary of the death of de Gaulle, who led the French resistance against Nazi Germany. Philippot idolises de Gaulle: his office, which adjoins Le Pen’s, is plastered with de Gaulle memorabilia – one of many things that sets him apart as an oddity in a party that has long regarded de Gaulle as a traitor for allowing the former French colony of Algeria its independence.

Philippot’s elite credentials should have been another strike against him within a party that proclaims its loathing of the establishment. A graduate of the exclusive Ecole Nationale d’Administration, which produces presidents and prime ministers, Philippot didn’t start out in the Front National in the traditional way – driving around the countryside sticking election posters to fences. Philippot is also gay, in a party whose co-founder Jean-Marie Le Pen once called homosexuality “a biological and social anomaly”. And yet, at 35, he has become the voice of the party, its media star, and the first to claim Trump’s victory as a sign of a new world order. [Continue reading…]

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Trump’s talk about Muslims led acting attorney general to follow the law and defy the president

 

The New York Times reports: As Republicans seethed over President Barack Obama’s executive order on immigration in early 2015, Senator Jeff Sessions sharply questioned Sally Q. Yates about whether she had the independent streak needed to be the Justice Department’s second in command.

Mr. Sessions, Republican of Alabama, wanted to know whether Ms. Yates, a federal prosecutor from Georgia who made her career charging domestic terrorists and white-collar criminals, would be willing to stand up to the president.

“If the views the president wants to execute are unlawful, should the attorney general or the deputy attorney general say ‘No?’ ” Mr. Sessions asked during a confirmation hearing for Ms. Yates.

“I believe the attorney general or deputy attorney general has an obligation to follow the law and Constitution and give their independent legal advice to the president,” Ms. Yates replied.

As acting attorney general on Monday, Ms. Yates faced what she believed to be the realization of that hypothetical.

President Trump’s own words convinced her that his executive order on immigration was intended to single out Muslims, senior officials said. Hours after she refused to defend that order, Mr. Trump fired her.

Ms. Yates, 56, a relative newcomer to Washington, has become a hero to many on the left and the face of a simmering resistance inside the government to Mr. Trump’s administration.

After receiving a hand-delivered dismissal letter, she packed up her office around midnight and left the department, a politically divisive moment in a career that until now had earned her bipartisan praise.

“She will be a hero of the American people, a hero of what’s right,” Senator Johnny Isakson, Republican of Georgia, said in 2015 at her confirmation hearing. “She’ll call them like she sees them, and she will be fair, and she will be just.” [Continue reading…]

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How to build an autocracy

David Frum writes: No society, not even one as rich and fortunate as the United States has been, is guaranteed a successful future. When early Americans wrote things like “Eternal vigilance is the price of liberty,” they did not do so to provide bromides for future bumper stickers. They lived in a world in which authoritarian rule was the norm, in which rulers habitually claimed the powers and assets of the state as their own personal property.

The exercise of political power is different today than it was then — but perhaps not so different as we might imagine. Larry Diamond, a sociologist at Stanford, has described the past decade as a period of “democratic recession.” Worldwide, the number of democratic states has diminished. Within many of the remaining democracies, the quality of governance has deteriorated.

What has happened in Hungary since 2010 offers an example — and a blueprint for would-be strongmen. Hungary is a member state of the European Union and a signatory of the European Convention on Human Rights. It has elections and uncensored internet. Yet Hungary is ceasing to be a free country.

The transition has been nonviolent, often not even very dramatic. Opponents of the regime are not murdered or imprisoned, although many are harassed with building inspections and tax audits. If they work for the government, or for a company susceptible to government pressure, they risk their jobs by speaking out. Nonetheless, they are free to emigrate anytime they like. Those with money can even take it with them. Day in and day out, the regime works more through inducements than through intimidation. The courts are packed, and forgiving of the regime’s allies. Friends of the government win state contracts at high prices and borrow on easy terms from the central bank. Those on the inside grow rich by favoritism; those on the outside suffer from the general deterioration of the economy. As one shrewd observer told me on a recent visit, “The benefit of controlling a modern state is less the power to persecute the innocent, more the power to protect the guilty.”

Prime Minister Viktor Orbán’s rule over Hungary does depend on elections. These remain open and more or less free — at least in the sense that ballots are counted accurately. Yet they are not quite fair. Electoral rules favor incumbent power-holders in ways both obvious and subtle. Independent media lose advertising under government pressure; government allies own more and more media outlets each year. The government sustains support even in the face of bad news by artfully generating an endless sequence of controversies that leave culturally conservative Hungarians feeling misunderstood and victimized by liberals, foreigners, and Jews.

You could tell a similar story of the slide away from democracy in South Africa under Nelson Mandela’s successors, in Venezuela under the thug-thief Hugo Chávez, or in the Philippines under the murderous Rodrigo Duterte. A comparable transformation has recently begun in Poland, and could come to France should Marine Le Pen, the National Front’s candidate, win the presidency.

Outside the Islamic world, the 21st century is not an era of ideology. The grand utopian visions of the 19th century have passed out of fashion. The nightmare totalitarian projects of the 20th have been overthrown or have disintegrated, leaving behind only outdated remnants: North Korea, Cuba. What is spreading today is repressive kleptocracy, led by rulers motivated by greed rather than by the deranged idealism of Hitler or Stalin or Mao. Such rulers rely less on terror and more on rule-twisting, the manipulation of information, and the co-optation of elites.

The United States is of course a very robust democracy. Yet no human contrivance is tamper-proof, a constitutional democracy least of all. Some features of the American system hugely inhibit the abuse of office: the separation of powers within the federal government; the division of responsibilities between the federal government and the states. Federal agencies pride themselves on their independence; the court system is huge, complex, and resistant to improper influence.

Yet the American system is also perforated by vulnerabilities no less dangerous for being so familiar. Supreme among those vulnerabilities is reliance on the personal qualities of the man or woman who wields the awesome powers of the presidency. A British prime minister can lose power in minutes if he or she forfeits the confidence of the majority in Parliament. The president of the United States, on the other hand, is restrained first and foremost by his own ethics and public spirit. What happens if somebody comes to the high office lacking those qualities?

Over the past generation, we have seen ominous indicators of a breakdown of the American political system: the willingness of congressional Republicans to push the United States to the brink of a default on its national obligations in 2013 in order to score a point in budget negotiations; Barack Obama’s assertion of a unilateral executive power to confer legal status upon millions of people illegally present in the United States — despite his own prior acknowledgment that no such power existed.

Donald Trump, however, represents something much more radical. A president who plausibly owes his office at least in part to a clandestine intervention by a hostile foreign intelligence service? Who uses the bully pulpit to target individual critics? Who creates blind trusts that are not blind, invites his children to commingle private and public business, and somehow gets the unhappy members of his own political party either to endorse his choices or shrug them off? If this were happening in Honduras, we’d know what to call it. It’s happening here instead, and so we are baffled. [Continue reading…]

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Obama supports protests: ‘American values are at stake’

Politico reports: Barack Obama spoke out Monday afternoon against his successor — and in support of the protests opposing President Donald Trump — with a spokesman saying the former president thinks they’re “citizens exercising their Constitutional right to assemble, organize and have their voices heard by their elected officials is exactly what we expect to see when American values are at stake.”

Obama, who left office vowing to uphold the presidential tradition of not criticizing his successor but also promising to speak out when he saw core values under threat by Trump, made it all of 10 days before releasing a statement following Friday’s executive order that temporarily halted the nation’s refugee program and severely restricted immigration from seven predominantly Muslim countries.

Obama flew to California immediately after the inauguration and a farewell speech to staff at Andrews Air Force Base, where he called Trump’s presidency “not a period,” but “a comma in the continuing story of building America.” He later flew to the Caribbean. He has still not returned to Washington, where he is expected to live for at least the next year and a half.

When a reporter at the daily press briefing on Monday raised the existence of the statement without providing detail, White House press secretary Sean Spicer’s response was only “Okay, thank you.”

The statement from Obama’s office (notably not in his voice directly) is extraordinary compared to the usual deference between presidents, but reflects both the existential threat that Obama truly believes Trump poses to the country and a Democratic Party brimming with anti-Trump energy but lacking any clear leaders. [Continue reading…]

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U.S. judges limit Trump immigration order; some officials ignore rulings

Reuters reports: U.S. judges in at least five states blocked federal authorities from enforcing President Donald Trump’s executive order restricting immigration from seven Muslim-majority countries.

However, lawyers representing people covered by the order said some authorities were unwilling on Sunday to follow the judges’ rulings.

Judges in California, Massachusetts, Virginia and Washington state, each home to international airports, issued their rulings after a similar order was issued on Saturday night by U.S. District Judge Ann Donnelly in New York’s Brooklyn borough.

Donnelly had ruled in a lawsuit by two men from Iraq being held at John F. Kennedy International Airport.

While none of the rulings struck down Friday’s executive order by the new Republican president, the growing number of them could complicate the administration’s effort to enforce it.

The rulings add to questions about the constitutionality of the order, said Andrew Pincus, a Mayer Brown partner representing two Yemeni men who were denied U.S. entry from an overseas flight despite being legal permanent residents.

“People have gone through processes to obtain legal permanent resident status, or visas,” Pincus said. “There are serious questions about whether those rights, which were created by statute, can be unilaterally taken away without process.” [Continue reading…]

The Guardian reports: On Sunday afternoon, four Democratic members of the House of Representatives arrived at Dulles airport in Virginia on word that people had been detained and denied access to lawyers.

“We have a constitutional crisis today,” representative Don Beyer wrote on Twitter. “Four members of Congress asked CBP officials to enforce a federal court order and were turned away.”

Representative Jamie Raskin, also at the airport, tweeted that the federal agency had given “no answers yet” about whether agents were ignoring the courts. Raskin joined several other attorneys there, including Damon Silvers, special counsel at AFL-CIO, one of the groups trying to help visa holders.

“As far as I know no attorney has been allowed to see any arriving passenger subject to Trumps exec order at Dulles today,” Silvers tweeted on Sunday evening. “CBP appears to be saying people in their custody not ‘detained’ technically & Dulles international arrivals areas not in the United States.”

No one responded to calls or emails with questions about the court orders at Dulles CBP or the Department of Homeland Security (DHS), and the confusion played out in similar patterns at major airports around the country. [Continue reading…]

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Merkel ‘explains’ refugee convention to Trump in phone call

The Guardian reports: Donald Trump’s executive order to halt travel from seven Muslim-majority countries – Iraq, Syria, Iran, Yemen, Sudan, Libya and Somalia – has provoked a wave of concern and condemnation from international leaders and politicians.

A spokesman for Angela Merkel said the German chancellor regretted Trump’s decision to ban citizens of certain countries from entering the US, adding that she had “explained” the obligations of the Geneva refugee convention to the new president in a phone call on Saturday.

“The chancellor regrets the US government’s entry ban against refugees and the citizens of certain countries,” Merkel’s spokesman Steffen Seibert said in a statement.

“She is convinced that the necessary, decisive battle against terrorism does not justify a general suspicion against people of a certain origin or a certain religion.

“The Geneva refugee convention requires the international community to take in war refugees on humanitarian grounds. All signatory states are obligated to do. The German government explained this policy in their call yesterday.” [Continue reading…]

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