CVIndependent

Mon07222019

Last updateTue, 18 Sep 2018 1pm

A day after the Trump administration sued California over its new “sanctuary” laws, state officials pushed back hard, with Gov. Jerry Brown calling the move tantamount to “war.”

U.S. Attorney General Jeff Sessions announced the lawsuit, which he filed late Tuesday, at a police event near the Capitol in Sacramento on Wednesday. He said California leaders were scoring political points on the backs of law enforcement with immigration policies that hinder federal agents’ ability to enforce U.S. law.

“We’re simply asking the state and other sanctuary jurisdictions to stop actively obstructing federal law enforcement,” Sessions said as hundreds of protesters shouted outside. “Stop treating immigration agents differently from everybody else for the purpose of eviscerating border and immigration laws, and advancing an open-borders philosophy shared by only a few, the most radical extremists.”

Sessions accused local and state elected officials, including Oakland Mayor Libby Schaaf and state Attorney General Xavier Becerra, of promoting an extreme agenda to frustrate federal agents. Becerra, a Brown appointee, is running for election this year, as is Schaaf.

At a joint press conference with Becerra after Sessions’ announcement, Brown said he does not believe in “open borders.” The laws being challenged in the suit were carefully crafted, he said, to balance the state’s right to manage public safety with federal authority to oversee immigration. He termed Sessions’ appearance a stunt.

“This is completely unprecedented, for the chief of law enforcement in the United States to come out here and engage in a political stunt, (and) make wild accusations, many of which are based on outright lies,” Brown said—unusually strong language for a governor who has largely been cautious in his criticism of the Trump administration.

“This is basically going to war against the state of California, the engine of the American economy. It’s not wise; it’s not right; and it will not stand,” Brown said.

Sessions’ visit is the latest political salvo between the Trump administration and California, whose Legislature has favored immigrant-friendly policies. Candidates for statewide office have been jockeying to position themselves as the best representative of the “resistance state.” Becerra has sued the administration more than two dozen times on a range of issues, including the president’s travel ban and ending the Deferred Action for Childhood Arrivals (DACA) program, which allowed those brought to the country illegally as minors to remain here on a temporary basis.

In his 20-minute speech, Sessions said Schaaf, who recently tipped off the public about an imminent immigration raid, “has been actively seeking to help illegal aliens avoid apprehension by ICE (Immigration and Customs Enforcement).” That has made the job of immigration agents more dangerous, he said—as outside protesters outside chanted, “Immigrants stay; Sessions go!”

“How dare you needlessly endanger the lives of our law enforcement officers to promote a radical open-border agenda,” said Sessions, who noted that the United States annually admits 1.1 million immigrants lawfully as permanent residents.

Within hours, Schaaf posted on Twitter that Oakland’s violent-crime rates have declined in the past five years, answering Sessions’ claim that crime generally is on the rise.

The U.S. Department of Justice lawsuit asks a federal court to strike down three state laws that, among other restrictions, require employers to keep information about their employees private without a court order; mandate inspections of immigration detention facilities; and bar local law enforcers from questioning people about their immigration status during routine interactions. The most contentious law does allow state officials to cooperate with federal agents when deportation is required for those who have committed any of 800 serious crimes.

Washington, D.C., will have to show that the state’s new laws infringe on its ability to enforce immigration rules, which may be hard to do, said Kevin R. Johnson, dean of the law school at the University of California, Davis.

“Ultimately, I think the state is likely to win most, if not all, of the lawsuit,” Johnson said.

Sessions said the sanctuary laws were designed to frustrate federal authorities. “Just imagine if a state passed a law forbidding employers from cooperating with OSHA in ensuring workplace safety, or the Environmental Protection Agency for looking out for polluters. Would you pass a law to do that?”

Sessions singled out Becerra, California’s top prosecutor, for threatening to fine business owners up to $10,000 if they cooperate with ICE agents. Becerra, who delivered a private address to the police group Wednesday, said at the press conference that “California has exercised its rights to define the circumstance where state and local law enforcement may participate in immigration enforcement.

“California is in the business of public safety. We’re not in the business of deportations,” he added, repeating statements he made Tuesday evening in the wake of the federal government’s filing. “I look forward to making these arguments in court.”

Lt. Gov. Gavin Newsom, a Democrat who is running for governor, had praised Schaaf for her warning, a move Sessions said was “an embarrassment to the proud state of California.”

In a Facebook post, Newsom responded: “Jeff Sessions called me an ‘embarrassment’ today. Coming from him, I take that as a compliment. But words don't mean much when you and your family's livelihoods are on the line.”

Some other candidates for statewide office were quick to offer their views on the lawsuit. State Senate leader Kevin De León, who is challenging Dianne Feinstein for her U.S. Senate seat and wrote one of the laws at issue, told reporters the suit is retribution against a state that resoundingly rejected Trump on Election Day.

“From Day 1, California has been in the crosshairs of this president,” he said. “We are on solid constitutional legal ground, so we welcome this lawsuit.”

Labor unions and immigration-rights organizations, meanwhile, decried Sessions’ announcement. The Coalition for Humane Immigrant Rights said Washington was sowing “deception and fear mongering” to push an anti-immigrant agenda.

CALmatters reporters Laurel Rosenhall and Elizabeth Aguilera contributed to this report. CALmatters.org is a nonpartisan, nonprofit media venture explaining California policies and politics.

Published in Politics

On this week's gold-medal-winning weekly Independent comics page: Apoca Clips listens in as Trumpy talks about the Olympics; Red Meat deals with a pet problem; Jen Sorenson looks at selective free-speech warriors; The K Chronicles finds a $10 bill; and This Modern World examines the ongoing war on objective reality.

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I got a text from my mom flipping out about The Memo—the document assembled by Fresno-area Congressman Devin Nunes and released, despite intelligence agency concerns, on Feb. 2.

She’s smart but not especially political, and her text made it clear that the #releasethememo movement that began as an alt-right rallying cry had now reached the mainstream. “As a teenager you ranted about the CIA (you were right),” she wrote. “Now the FBI. Can we trust any politician or any government office?”

It was a strange moment for me, because, at the same time every mainstream news network in the country was on “Memo Watch,” I was covering a woefully uncovered trial in Baltimore, where the FBI uncovered a vast police corruption conspiracy after they traced some opioids that killed a young woman back to a drug gang and, upon tapping phones, realized the gang was working with a Baltimore Police officer named Momodu Gondo. When FBI agents tapped his phone, they realized that he and other officers were regularly targeting citizens whom they thought had a lot of cash—to rob.

Over the last three weeks of a federal trial—six of the officers pleaded guilty, while two maintained innocence and stood trial—we have learned that, according to testimony, one officer executed a man point-blank in 2009 because he “didn’t feel like chasing him.” According to Gondo’s testimony, a deputy commissioner came out to the scene to coach everyone on what to say: The victim was about to run them over, and he had to shoot. The deputy commissioner announced his retirement immediately following the testimony.

We also learned that during the uprising following Freddie Gray’s death, Wayne Jenkins—the ringleader of the elite police task force who was also indicted—came to a bail bondsman with two big trash bags of pharmaceuticals stolen from pharmacies and told him to sell them.

The bail bondsman testified that Jenkins came to him with stolen drugs almost every night. Jenkins, who did not testify, has come across as something like a demon. Even Jemell Rayam, who shot the man to keep from chasing him, thought Jenkins’ actions were excessive. Most of the officers said they were scared of him. He is, in Trump’s language, “high-energy,” and is in many ways the perfect image of Trumpian law-enforcement: If people are poor, or black, or immigrants—unprotected—then they are inherently criminal, and nothing you can do to them is criminal.

Jenkins had been involved in this kind of activity since at least 2010, when he and Det. Sean Suiter—who was apparently murdered in November, the day before he was supposed to testify to the grand jury in the case—chased a “target,” causing a fatal car crash, and then planted drugs in the car. Jenkins, as many people testified, was protected by the local power structure.

But the plodding investigations by the FBI—and prosecutions of the U.S. attorneys—brought down Jenkins’ long reign of terror.

This is similar to the story told by David Grann in last year’s Killers of the Flower Moon, which is about how the newly formed FBI was able to break through the white-power structure of 1920s Oklahoma law enforcement and expose local authorities’ involvement in killing hundreds of Native Americans in order to steal their payments from oil on Osage-owned lands.

Yet the national media—which covered every second of the burning CVS during the riots following Freddie Gray’s death—was largely silent about the vast police misconduct revealed in the trial, even though they dovetailed in some uncomfortable ways with the Memo Watch hysteria.

The Memo’s author, Devin Nunes, worked on Trump’s transition team and had a weird midnight Uber ride and secret White House lawn meeting a few months back. He ultimately alleged that the Steele dossier—source of the “pee tape” rumors—was paid for by the Democratic National Committee and used to get a Foreign Intelligence Surveillance Court warrant on former Trump advisor Carter Page.

The Trump team has long alleged that Page, who has done some bragging about his Russian connections, was nothing more than a “coffee boy”—and that this was an attempt by the FBI to take Trump down.

Ultimately, The Memo was a dud, but it does highlight the weird moment where the right is attacking law enforcement agencies, and the left is valorizing them. It’s not hard to find countless examples of FBI malfeasance—the agency’s COINTELPRO is one of the worst incidents of law enforcement over-stepping in American history, as J. Edgar Hoover and his team plotted illegal, Jenkins-esque ways to destroy the black-militant movement.

The rather young and dashing dynamic duo of federal prosecutors in Baltimore—Leo Wise and Derek Hines—come across as champions of Baltimore’s most vulnerable citizens. But as they pulled out a big bag of black masks and clothes that Jenkins used for burglaries, I couldn’t help but think of their colleague Jennifer Kerkhoff, who, an hour down the road in Washington D.C., is still trying to prosecute 59 people for wearing black clothes during Trump’s inauguration, following a protest where a few windows were broken.

Regardless, the Trumpist attempt to undermine the FBI can be seen as an attempt to protect people like Wayne Jenkins—remember that Trump pardoned the super-racist former Arizona sheriff Joe Arpaio—in the name of “local control” or “states’ rights.” It is part of what Steve Bannon called the “deconstruction of the administrative state,” an attempt to have lawmen—lawmen in whom the president sees himself—seen as above the law.

Just as testimony in the Baltimore trial wrapped up, it came out that the Trump team was trying to plan a big military parade on Pennsylvania Avenue in Washington, D.C. Surely, that will elicit massive protests—and may be a great gift to the lagging and fractured protest movement—but I couldn’t help but imagine Wayne Jenkins, with his grappling hooks and stolen drugs, riding with Arpaio at the front of the whole thing as a perfect picture of Trumpian law enforcement.

But Jenkins better not wear his black burglary clothes—D.C. prosecutors might mistake him for an anarchist and charge him with another conspiracy.

Baynard Woods is a reporter for the Real News Network and the founder of Democracy in Crisis, a project of alternative newspapers across the country. Email: This email address is being protected from spambots. You need JavaScript enabled to view it.. Twitter: @baynardwoods.

Published in National/International

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I went to bed reading Fire and Fury, which, as you probably know, is Michael Wolff’s ribald and riveting account of the early days of the Trump regime. It quickly became clear in the book that no one involved in Trump’s campaign expected, or wanted, him to win.

That was a horrible thought: Trump and his motley crew of enablers, the doltish adult children, sleazeballs like Paul Manafort and Corey Lewandowski, fascists like Steve Bannon and Stephen Miller—they all overestimated the American people.

They thought we were better than we were. They thought they were safe, because we would never elect Donald Trump.

I went to sleep with this somber thought. At some point in the night, I woke up smelling smoke. I got up and looked around and couldn’t find anything. It was 10 degrees in Baltimore that night, so I assumed it was a neighbor’s fireplace.

Around 9 a.m., my wife woke me. “The dog is acting weird,” she said.

The dog was shaking, pawing at us.

“Smoke!” my wife yelled.

I looked over—and smoke was coming up through the floorboards. Then it burst into flame. By the foot of the bed.

Fire and fury ensued. This is the essence of this year.

Ultimately, the fire in my bedroom wasn’t nearly as bad as it could have been. The fire department—Big Government!—was there before the fire destroyed much. They cut through the floor and broke the windows. Most of the damage was caused by the smoke. We were safe, and we didn’t lose anything of real value. We have renters’ insurance, and I’m writing this from a hotel, where I spent a lot of time waiting on the bureaucracy of insurance and disaster mitigation. I bought the audio book of Fire and Fury and listened to the rest of it as I threw out former possessions that were now nothing but junk.

However difficult things were for me, it turned out to be much better than what was going on with many of the people in the figurative conflagration of the book—especially Steve Bannon.

Bannon is the almost Ahab-esque antihero of Fire and Fury, which in many ways charts his rise and fall—at least up until the point that the book’s publication precipitated a further fall. For being such a horrendous pseudo-intellectual schlub, Bannon is also fascinating, a far-right svengali. According to Harvard studies, during the last election, Breitbart was three times as influential as its next-closest competitor (measured in terms of retweets and shares), Fox News. Bannon was at least partly responsible for that—and for getting Trump elected.

That perception, that Bannon orchestrated Trump’s victory—as shown in another book, Joshua Green’s Devil’s Bargain—was probably the No. 1 factor in his August White House ouster, even more important than the alt-right terror that ripped apart Charlottesville that month.

In Fire and Fury, though, Bannon is correct about how horrible the Trump kids and Jared Kushner are. It was actually beautiful to listen to him (or Holter Graham, who read the audiobook) railing against the idiocy of Jarvanka—Jared Kushner and Ivanka Trump.

And Jarvanka were also right about him and his whack-job far-right Leninism, reveling in the destruction of the world. That circular firing squad is what makes the book so compelling: All of these people are so disastrously wrong about America, but they are pretty correct when they assess each other’s weaknesses. Bannon’s weaknesses are nearly infinite—and the most important ones are intellectual. Sure he’s a slob and all that, but he is a sexist, racist, “nationalist” who created a section of the Breitbart site called “Black Crime.”

After Wolff quoted Bannon saying that Don Jr.’s Russia meeting was treasonous, the president went on the attack with a new epithet, “Sloppy Steve.” Bannon tried to apologize, saying he was really attacking his predecessor as Trump’s campaign manager, Paul Manafort. But it wasn’t enough. Bannon was fired first from Breitbart and then from his SiriusXM show (with Fox pre-emptively refusing to hire him). Worst of all, billionaires Robert and Rebekah Mercer, who have supported most of his endeavors and funded his nationalist endeavors, cut ties with their schlubby honey badger.

I watched out all of this play out on cable as I tried to deal with the disaster bureaucracy. And it was delightful to see the pundits all talking about Bannon’s terrible week, even if it came for all the wrong reasons.

Bannon, by the way, did not have the worst week in Washington, D.C., during that particular time. That would go to the more than 12,000 Salvadorans who live in the district; the numbers are far larger if you count the D.C. suburbs, which have large Salvadoran enclaves. Ultimately, a Department of Homeland Security directive to end the temporary protected status for people who came to the U.S. from El Salvador following a 2001 earthquake will affect more than 200,000 people who have been in the U.S. for more than 15 years now. It’s almost impossible to imagine how deeply that will affect their communities.

Bannon may be gone, but this is the essence of the dark alignment of Bannon’s alt-right with Jeff Sessions’ revanchist racism and Trump’s big boner for a border wall. So when Trump was meeting with a group of senators and asked why we have so many people coming here from “shithole countries,” like El Salvador, Haiti (which already had its TPS rescinded) and various nations in Africa, it was clear that it didn’t matter whether or not Bannon was in the White House or “in the wilderness” or not.

Trump, Bannon and their crew may have overestimated the electorate in their expectation of losing. We should not make the same mistake and overestimate them. Whatever happens to Steve Bannon, racists now rule the executive branch.

Baynard Woods is a reporter for the Real News Network and the founder of Democracy in Crisis, a project of alternative newspapers across the country. Email: This email address is being protected from spambots. You need JavaScript enabled to view it.. Twitter: @baynardwoods.

Published in National/International

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Nearly a half-century ago, Congress passed the Endangered Species Act by a vote of 92-0 in the Senate, and 355-4 in the House. Republican President Richard Nixon said the legislation “provides the federal government with needed authority to protect an irreplaceable part of our national heritage, threatened wildlife. … Nothing is more priceless and worthier of preservation than the rich array of animal life with which our country has been blessed.”

As the Trump administration continues to roll back America’s commitment to conservation, we should fear that it will succeed in turning the federal government away from its responsibility to protect species from extinction. The administration recently denied petitions to list 25 wildlife species as endangered.

As Kathleen Hartnett-White, who is a Senate-vote away from becoming the administration’s chair of the Council on Environmental Quality, put it, the Endangered Species Act is “economically harmful” and a “formidable obstacle to development.” So perhaps it should not have come as a surprise when Interior Secretary Ryan Zinke announced he would reopen areas of sage-grouse habitat to mining, as well as oil and gas leasing. Zinke, along with the U.S. Forest Service, also plans to revisit the state-federal sage grouse conservation plans that successfully led the U.S. Fish and Wildlife Service to decide not to list the grouse as threatened or endangered.

Some critics are encouraging a rewrite of the law itself, arguing that the ESA has failed, because relatively few of the already listed species have been brought to “recovery.” Many states also want more control over determining when a species should be listed, or removed, from the list, and in identifying “critical habitat” for the survival of a listed species.

The Endangered Species Act has prevented some important and iconic species from going extinct, including bald eagles, the Yellowstone grizzly and gray whales. The primary impediment to recovery has always been a lack of resources. A recent study found that most listed species with recovery plans received less than 90 percent of the amount of money needed for their recovery, and that overall funding for the act has declined since 2010. Only sufficient funding from Congress—not changes in the law itself—can fix this problem.

Critics also complain that “consultations”—the required reviews of projects that may harm listed species or their habitat—are costly and time-consuming, and that they increase uncertainty in project planning. In December, the Trump administration announced plans to change the rules governing endangered-species consultations and critical-habitat designations. Yet a recent review of all Fish and Wildlife Service consultations from January 2008 through April 2015 found that no project was stopped or extensively altered due to reviews. On average, approvals took only 14 business days. The 10 percent of consultations that required further review took 61 days. In virtually all cases, the agency acted within the time limits set by the law.

Although determining whether a species is in danger of extinction is based solely on biological grounds—as it should be—economic factors are already considered in identifying habitat that is critical for the survival of a species. In 2015, Wyoming Republican Gov. Matt Mead, as chair of the Western Governors’ Association, launched a review of how the Endangered Species Act was working. One outcome was a Western Governors’ policy statement supporting “all reasonable management efforts to conserve species and preclude the need to list a species under the ESA.”

The 2015 Fish and Wildlife Service decision not to list the greater sage grouse as threatened or endangered illustrates the benefit of this approach. That decision, based on state and federal land-management plans, initiatives by public-land users, and voluntary efforts by private landowners across the remaining 11-state range of the grouse, was a victory for conservation. It proved the wisdom of the authors of the act, who understood that the key to conserving imperiled species was protecting the ecosystem on which a species depended.

As Democratic Washington Gov. Jay Inslee put it: “What is a bird without a tree to nest in? What is an Endangered Species Act without any enforcement mechanism to ensure their habitat is protected? It is nothing.”

Yet the act seems to work best when it encourages voluntary measures to protect habitat. The flexibility built into it has permitted innovative conservation measures that benefit the species, the public-land users and the private landowners who implement those measures. In many instances, federal funding and technical assistance is available to help defray landowner costs and encourage collaborative conservation efforts.

As the rate of extinctions and the loss of biodiversity accelerates, the act is essential for keeping vulnerable species alive. Unfortunately, if President Trump’s administration and Republican leaders in Congress have their way, the Endangered Species Act itself could be extinguished.

Jim Lyons is a contributor to Writers on the Range, the opinion service of High Country News. He is a lecturer at the Yale School of Forestry and Environmental Studies and a senior fellow at the Center for American Progress in Washington, D.C.

Published in Community Voices