If it wasn’t so clear, they might just see it

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super power

 

When Trump said he knew all the best people, we all thought he meant people with a good command of the normal talents people have. But, he meant more. He meant talents and abilities that go far beyond those of mortal man.

Mark Morgan, the White House choice to lead Immigration and Customs Enforcement (ICE) claims to have the power to judge the likelihood that an unaccompanied minor arriving at the Southern border will become a gang member by looking into that child’s eyes.

“I’ve been to detention facilities where I’ve walked up to these individuals that are so-called minors, 17 or under. I’ve looked at them and I’ve looked at their eyes, and I’ve said that is a soon-to-be MS-13 gang member. It’s unequivocal.”

Of course, it may take time to assess the efficacy of his powers as children who are 10 years a old and below will take a few years before his success rate can be observed.

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But, hey, how can you argue with someone with the power he has.

Trump had said at a rally last year that  unaccompanied minors “look so innocent,” but aren’t in reality, and he has found a nominee who can see into their souls.

When he appeared before the Governmental Affairs Committee before his name had even been brought up for the ICE post, Morgan claimed,

 “MS-13 is one of the most violent and prolific transnational gangs the U.S. [has] ever seen. And the influx of minors into the country through the current crisis will provide them with unlimited vulnerable prospects.”

Only if they can escape his gaze.

Sumo

Trump has a practice of defending actions and decisions by claiming many people have said things to no one in particular, or have told him things. The many, most, quite a few, and lots are never named so they cannot be questioned, if they even exist.

I imagine that trump believes in talking birds if he mother, like mine, revealed she had information he wished she hadn’t and that the informants were little birds.

And besides the unspecified speakers, he also has a cadre of unknowns who can be cited as people who agree with him or perhaps had secretly told them they did long before he made any public utterance.

When he was in Japan for his recent state visit, Trump sent a tweet that showed Japan, in spite of any supportive statements of friendship, that he really did not care about their welfare, something he apparently thought would have no influence on any trade deal, and also showed that his personal animus against a fellow citizen was not off limits when he is representing all of us as our president in  foreign country and before the world at large by tweeting,

“North Korea fired off some small weapons, which disturbed some of my people, and others, but not me. I have confidence that Chairman Kim will keep his promise to me, & also smiled when he called Swampman Joe Biden a low IQ individual, & worse. Perhaps that’s sending me a signal?”

I would assume some of the “others” would be the Japanese

While most people were surprised he would agree with the dictator Kim Jong Un on memorial day, a day honoring those lost in war time, which included those lost in the Korean War against a country led by Kim’s grandfather, most probably accepted that he was only agreeing with a statement alleged to have been made by Kim without saying where he had heard it. But, they might not remember that Trump had bestowed that nickname months ago and might be either pretending Kim came to that assessment on his own, or was merely pretending others had also come into agreement with him independently while taking no responsibility for having introduced that nickname to Kim, if Kim even actually used it.

While actually being the only one to call Joe Biden “low IQ”, he wants to have us believe there are many others who believe it too.

Back in March when Biden let it slip that he is running for president, by saying,
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“I have the most progressive record of anybody running for the — anybody who would run,”

and attempting to cover his mistake with a dismissive smile, Trump declared,

“Joe Biden got tongue tied over the weekend when he was unable to properly deliver a very simple line about his decision to run for President. Get used to it, another low I.Q. individual!”

Now that Biden is in the race and Trump feels threatened, he needs to tear him down rather than deal with policy and record, and, of course, he needs to show he is not alone in his criticism even if that comes from fiction or a dictator who runs a country that is an enemy of ours.

Did Kim actually say that, or, if he did, did he get the name and tacit permission from Trump to trash Biden knowing the president would side with him and not a past vice-president and possible future president.

Think of the effects of that if Biden were to win.

Where does Trump’s loyalty lie?

 

 

over using solitary confinement

The easiest and most comfortable way to deal with a problem is to put it in a cubby hole where it will keep without attention or the expending of energy to deal with it.

My local county sheriff uses solitary confinement to remove troublesome inmates from the general population, not necessarily because they have done anything major to deserve it, but because it is a convenience. Problem is, there have been times where out of sight out of mind gas resulted in suicides.

Solitary often means locked alone in a cell with no one to talk to, and nothing to distract a person from increasingly dark thoughts 23 hours a day. People with mental illness or who have shown a predisposition to suicide should never be placed in solitary for the sake of the jailers’ convenience.

The United Nations assessment on torture has said that solitary confinement should be banned except in “very exceptional circumstances” and isolation for more than 15 days constitutes “inhuman and degrading treatment.”

When it comes to my local sheriff and the ICE program he loves, isolation is used, not as a last resort, but as a preferred tool to manage and punish even vulnerable detainees for weeks at a time.

 

On investigating more than 8,400 reports on ICE detainees in solitary, the International Consortium of  Investigative Journalists over a five month period found that the ICE has used isolation cells to punish immigrants for offenses as minor as consensual kissing, and for segregating hunger strikers, GLBT detainees, and people with disabilities.

Nearly a third of the isolation cases were described as having a mental illness, a population especially vulnerable to breakdown if locked up alone in a small cell. And, they have found that actions of self destruction from mutilation to suicide attempted are common. The crime for which isolation is used and does not meet the reasons to employ it is coming to this country to seek asylum.

The review found that while held in isolation cells, immigrants had suffered hallucinations, fits of anger, and suicidal impulses. Former detainees told ICIJ they experienced sleeplessness, flashbacks, depression, and memory loss long after release.

A supervisor within the U.S. Department of Homeland Security, Ellen Gallagher, has tried for years to sound the alarm within the federal government about abusive use of solitary confinement by ICE, a DHS agency, which she describes as,

“People were being brutalized.”

Trump’s tough talk and image enhancing stance has resulted in more immigrants waiting behind bars as their cases languish in heavily backlogged immigration courts.

ICIJ found that ICE does not keep records of every solitary confinement placement, just those cases where detainees were held in isolation for more than 14 days, and where immigrants with a “special vulnerability” such as mental illness, victims of abuse, and those who might be at risk in a facility’s general population due to their sexual orientation or gender identity.

Protection in the latter cases becomes punishment.

More than half of the detainees are from Mexico, El Salvador, Honduras and Guatemala.

Some detainees spend weeks or months in isolation.

More than half of the 8,488 incident reports ICIJ reviewed described stays in solitary confinement that lasted longer than 15 days. ICIJ identified 187 cases in which a detainee was held for more than six months. In 32 of those cases, the detainee was confined in solitary for a year or more.

A review of ICE detainee death reports found that at least 13 detainees who died in ICE custody had spent time in solitary, and of those deaths it was determined in the majority of cases both the rules for putting detainees in isolation and the procedures for caring for them were not followed.

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The investigation found dozens of cases of detainees placed in solitary confinement due to a disability like needing a wheelchair, cane, crutches, or some other aid. Many years ago, Fox news reporter Geraldo Rivera made a name for himself as a good reporter on a local New York City station and got away from covering the good feeling stories like children’s birthday parties when he exposed Bellevue Hospital’s practice of putting patients with disabilities in canvas laundry bags so while they we squirming to get out, they did not need supervision.

Isolation in solitary confinement is ICE’s laundry bags.

By the time President Barack Obama was inaugurated in 2009 there were large private-sector prison companies competing for multimillion-dollar federal contracts to help detain tens of thousands of immigrants. Over the previous 20 years it was found there was money to be made from incarcerating people, and beyond low level drug offenders, immigrants were a good source of supply. It was so lucrative that along with for profit prisons, county sheriffs saw a source of revenue in agreeing to detain immigrant’s for ICE.

ICE’s internal guidelines explicitly require detention officials to document what alternatives to isolation were considered in certain cases, but it has been found that ICE has actually not done this.

The agency ignores its own policies and procedures, and being self-regulating, they let themselves get away with this

During Obama’s presidency the Department of Homeland Security’s Office for Civil Rights and Civil Liberties examined ICE’s use of isolation through complaint investigations, working groups, and other advice and feedback in an attempt to  “improve policy and reduce unnecessary use of segregated housing for ICE detainees,” and in 2016, it worked with ICE to implement Obama-era recommendations issued by the Justice Department on improving solitary confinement.

In June 2015 the Senate Judiciary Committee’s chairman, Senator Grassley, and Senator Franken sent a letter to homeland security secretary, Jeh Johnson saying,

“Recent information obtained by the Committee suggests that ICE continues to place many detainees with mental health concerns in administrative or disciplinary segregation — also known as solitary confinement — contrary to agency directives that limit the use of segregation for the mentally ill.”

ICIJ has also found that there is a revolving door between solitary confinement and medical isolation cells for people deemed at high risk of self-harm.

They are sent to their room to think about what they did.

When it comes to the treatment of Transgender detainees, ICE said it weighs housing options for such individuals with a multidisciplinary approach that can include mental health staff with placement in isolation only as a last resort and when no other housing options are available. I leaned years ago in California that when Drag Queens were scooped up in bar raids, they were put in a special group cell or “tank” away from the general jail population for their safety as they could be vulnerable to assault, but not in isolation. They might not have been in the general population, but they were in a populated cell. They were able to socialize. Placing Transgender people in isolation and not in a group tank for safety is cruelty in the name of protection.

But, ICE favors solitary confinement,

ICIJ fond that “disciplinary segregation” for breaking the rules, like fighting, was often the reason given for putting a detainee in solitary confinement.

However, they found solitary being used often for other reasons, such as the case of one detainee giving haircuts, another consensually kissing another detainee, and, despite having a mental illness, another remaining in solitary for 41 days for encouraging other detainees to go on a hunger strike, passed off as fighting.

A 2017 audit by the inspector general’s office for the Homeland Security Department found detainees were punished with solitary because they were only suspected of having committed an infraction that officials needed time to investigate.

In recent years, some state prison systems in the U.S. have taken steps to limit the use of solitary confinement to discipline inmates for violating facility rules because isolation causes long term trauma like insomnia, vivid flashbacks of isolation, and dealing with depression and memory loss.

Perhaps ICE should follow its own policies and procedures as well, as should those sheriffs who want to play tough and play along with ICE.

 

Memorial Day is not Self Forgiveness Day

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the “H” word

I am not going to use the “H” word, but after banning certain people from traveling to this country, choosing a group of citizens whose rights he chooses to remove to please his base, putting children in cages because they are seeking refuge from the countries ours has messed up, and threatening other countries with war, Trump has yet another plan that brings him closer to the man whose book sits on the nightstand beside his bed according to an ex-wife, and a book he claimed he got from a Jewish friend only to deny later that he had ever been given the book or even knowing if his friend was Jewish.

After all, how can you afford to acknowledge having a friend who is Jewish and still say people who chant, “Jews will not replace us” are good people.

So I will avoid the “H” word.

But:

Trump is considering invoking the Insurrection Act in order to give federal troops the power to detain and remove undocumented immigrants having the act as Immigration and Customs Enforcement agents.

This is obviously an abuse of authority to score political points with his base and consolidate his own power.

The Posse Comitatus Act prevents a president from using the military as a domestic police force. It is clearly based on the belief that using military power to enforce the civilian law is harmful to both civilian and military interests. As our armed forces are not trained for conducting law enforcement activities, but for war and war related conditions, the interaction with civilians could go really wrong, and every soldier engaged in law enforcement would be pulled away from military priorities especially when, besides existing military arenas, Trump seems to be looking forward to more.

The Insurrection Act allows the president to deploy federal troops to suppress domestic uprisings and enforce the law if civilian law enforcement are unable to, but in the most extraordinary situations where absolutely necessary to preserve civil order.

The last time it as used was in 1992 when George H.W. Bush when used it to help suppress the Rodney King riots in Los Angeles following the acquittal of police officers.

The presence of undocumented immigrants within the United States does not justify invoking this emergency power.

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The Insurrection Act allows the president to deployment of federal troops

“whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings.”

It is up to the discretion of the president to invoke this Act which calls on dozens of special statutory powers without actually defining the terms or specifying any substantive criteria or it.

There are no provisions for judicial review or limits on how long the powers they confer may be exercised. Although any member of congress can force a vote on a resolution to terminate a state of emergency, it requires a veto-proof majority, and as to ceasing the use of the Insurrection Act Mitch McConnell could prevent the Senate from considering any legislation to call off the troops.

Both acts were written and passed in the forms they exist because the assumption was that the president would exercise discretion and could be trusted to act honorably and in the nation’s interest, something that with Trump is questionable.

He has, after all, attempted to get money for his wall by declaring a national emergency so he could shift money around to get it.

And, while people in government and his base just accept what he does without question, the future will ask, as it was asked before, how “this” could have happened.

 

 

 

Rule by deceit

This week we saw “rule by hissy fit”.

When Democratic  members of the House and Senate met at the White House to discuss national infrastructure, it was a scheduled follow up meeting to one that was held weeks ago to review the plans the administration was to have put together- the actual plans and how to pay for them-after that meeting.

Instead, because Nancy Pelosi had stated the obvious earlier in the day, that Trump has been obstructing a congressional investigation, and the Democrat caucus met to discuss what to do with all those in the administration who were ignoring subpoenas and requests to answer important questions resulting from the Mueller Report, Trump not only called off the meeting after entering the room where it was to be held, but held an impromptu appearance in the Rose Garden, complete with placards and handouts that brought into question it’s truly being impromptu. At the podium in the Rose Garden Trump told the American people that not only would there be no infrastructure plan, but there would be no working on any legislation that would benefit us until Nancy Pelosi apologized for being mean and started saying nice things about him.

Obviously, the king of distraction had attempted to hide that he had not worked on or come up with the infrastructure plan he was expected to have for that cancelled meeting

We are now hostages to his hissy fit.

On the same day, Ben Carson threw his own hissy fit after being shown by his own performance the day before that he was woefully uninformed about HUD’s work, and then chose to take out his pique on this administration’s favorite target, Transgender people.

At the Tuesday appearance before the congressional committee, the one at which he confused one department procedure with a cookie and another with a pyramid sales system, Carson told the committee he had no plans to alter an Obama-era rule mandating equal access protections for GLBTQ people to federally-funded homeless shelters.

“I’m not currently anticipating changing the rule”, he had stated.

He also told Representative Jennifer Wexton that it was his responsibility is to “make sure everybody is treated fairly”.

The next day the Department of Housing and Urban Development published proposed changes to that very rule that would strip those protections from those in need based on the shelter operator’s personal and religious beliefs.

He was mocked for his confusing an REO with an Oreo, and he brought on further mockery when he posted a picture of himself holding a package of Oreos in the hope that it would temper people’s reactions to his gaffe, while it did the opposite.

Either he lied to Congress or, just as he had no idea about two major real estate actions, he had no idea what policies his agency had been pursuing.

If he hadn’t lied, like his leader, he threw a hissy fit and made the policy change in spite of his words, or sooner than he had intended.

Transgender and gender non-conforming people could soon be barred from federally funded shelters.

The Equal Access Rule currently requires shelters that wish to segregate clients according to their gender to modify their structures accordingly not just turn people away.

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Many of those rejected by family are young, and their desperation for shelter often makes them vulnerable to those who offer a place to stay for the purpose of sexual abuse and trafficking.

And as Mara Keisling, head of the National Center for Transgender Equality (NCTE), explained

 “The programs impacted by this rule are life-saving for transgender people, particularly youth rejected by their families. A lack of stable housing fuels the violence and abuse that takes the lives of many transgender people of color across the country.”

Coming only 24 hours after he said it would not happen, the rule changed. And although he might claim he had no rule change planned, such a rule proposal would have taken a long time to come to its final form, so Carson had to be fully aware of what was going to happen even as he told congress there was no intention to make it so.

Although this new rule claims it will maintain the protections enshrined in the rule the agency is getting rid of, this is not so if definite inclusion becomes based on another person’s opinion as to who deserves it.

Back in January an Alaskan Christian homeless shelter had filed a lawsuit against the city of Anchorage for the right to refuse services for transgender people. They wanted the court to rule it does not have to follow nondiscrimination laws because they don’t like that they apply to everyone about everyone.

Alliance Defending Freedom argued that the Hope Center should be able to deny services because other clients “shouldn’t be forced to sleep or disrobe in the same room as a man”, again, as is so often done, denying the truth of what “Transgender” means so it can be twisted to fit their need.

Besides, someone showing up for shelter would most likely not announce certain personal information, so how would things be determined if not by some improper and questionable examination?

Many women at shelters are survivors of violence, and Alliance Defending Freedom claims that allowing biological men in a shelter would be highly traumatic. Anyone assaulting anyone in a shelter regardless of gender should be dealt with seriously, but to base an action on a possibility, a possibility based on someone I charge having violated another person by carrying out an inappropriate examination without cause, perhaps as they slept, seems to be a whole other issue.

This new rule, besides denying necessary shelter to those who want to avoid the streets and what living on them can result in, also introduces a theoretical threat that may traumatize those seeking shelter by announcing there is a monster, an unknown one, that could be in the shelter that very moment, under the bed.

Data, research, and common sense tells us that transgender people, especially victims of domestic violence, are no greater threat to society than a cis-gender person.

Jesus asked no one his or her politics when he performed miracles at no cost. He cured 10 lepers without any personal questions. He cured a Roman soldier’s significant other, restored sight to a blind man, fed a multitude of people with no tests, praised the actions of a man who His being Jewish would have assumed He should at least dislike, with the only people He ever really got angry with and condemned being those who hid behind their religion to excuse anything they did.

First it was the military, then it was Transgender school kids, then it was defining gender to support discrimination in jobs and housing, and now it is denying shelter by HUD policy.

Trump’s Departments of Defense, Education, Health and Human Services, and now Housing and Urban Development have all taken actions to marginalize Transgender people, mostly in the name of religion.

 

Meanwhile……

The Alabama public television station pulled an episode of the children’s television show Arthur, an aardvark who wears glasses and shows  kids how to deal with childhood challenges like homework, teachers, siblings, and bullies because in that episode his teacher married his same sex partner.

The thinking was that this is unacceptable for children to see, and conservatives and religious types applauded that.

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