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https://www.washingtonpost.com/magazine/2021/07/xix/merrick-garland-justice-department-catharsis/
David Montgomery writes in the WashPost:
. . . .
"Garland believes that a thorough de-Trumpification of the Justice Department would … be called partisanship and would call into question the institution of the Justice Section, just the establishment has already been called into question," says Jeff Hauser, executive manager of the Revolving Door Project of the Center for Economic and Policy Inquiry. "Sessions and Barr came in with a goal of assaulting and undermining the institution of the Justice Section, and it'southward just weird to assume that they failed. We presume that they succeeded. They were in the building. They hired their minions. They assessed people. They politicized everything. Garland presuming that the previous Department of Justice was behaving in proficient religion requires the same interruption of disbelief as believing dragons are real in a fantasy novel."
. . . .
And so, we'll also be judging Garland by another standard: how well his approach fortifies the institution against a future assistants that once again disrespects norms and politicizes the rule of police.
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These quotes get to the heart of the trouble with Garland's stewardship and his naive, ivory tower, ineffectively timid arroyo to restoring the dominion of law at Justice. "Past the book" is NOT an effective strategy against opponents who seek to fire the volume, bury the ashes, and lie almost it! Information technology'southward basically no "strategy" all!
I'd exist shocked, as would nearly knowledgeable observers, if the next GOP Administration doesn't "disrespect the norms and politicize the rule of law." Not only have the by ii GOP Administrations washed exactly that, in spades, only that's basically what today's GOP stands for: neo-fascist, anti-republic rule based on big lies and a cult of personality.
To the extent the modern GOP believes in anything, it's the exercise of power without restraint of police force or morality. "Why? Because we can, and you can't stop u.s.a.. We're in power, and you aren't," was largely the Trump McConnell mantra, particularly when it came to judges. How did the dying plea of RBG and the appeals of Dems for fairness and consistency in Supremes' appointments work out? It was a classic "heads I win, tails you lose" that once again left the Dems grasping at thin air.
So, these folks are going to respect long-gone "norms" from the 1970s? "Norms" that couldn't and didn't stop Ashcroft, Gonzalez ("Gonzo I"), Mukasey, Sessions, or Barr? Yous have to exist kidding? I don't know what universe Garland has been living in for the past four plus years, only information technology doesn't announced to be this one.
Contrary to Garland's arroyo, there is absolutely nothing wrong with:
- Coming clean on recent abuses at DOJ;
- Replacing lawless immoral intentional misconstructions of law with better progressive ones that attach to and further both the rule of law and "expert government;" and
- Replacing political hacks who furthered the White Nationalist agenda or other personnel who "went along to go forth" with abuses, to keep their jobs, with progressive experts committed to due process and best practices who'll go the job of restoring the dominion of law, respect, and man dignity done.
Not simply is there nothing wrong with the foregoing, but they are moral and practical imperatives if lives are to be saved and our democracy preserved! For Pete'south sake, these are really the things that Biden and Harris campaigned upon and won! Why is Garland reticent to human activity upon truth?
This isn't an "academic do!" Information technology's an actual life or expiry moment for migrants and for our democracy! And, the opponents are non folks who intend to accolade norms established by Garland or any other Dem.
Indeed, they will characterize all of his actions as "radical socialism," as they already have, regardless of the truth. In many ways, Garland's incremental, largely passive, approach to "de-Trumpifying justice @ Justice" has been a huge gift to GOP anti-commonwealth insurrectionists and restrictionists. Only, if I were him, I wouldn't look for the "thank you notation."
To shrink from the bold decisive actions necessary to clean up the disgraceful mess at the DOJ and its most grotesque manifestations at EOIR shows not only a lack awareness, but a lack of belief in the progressive, autonomous, humane values that got Biden and Harris elected in the commencement place and got Garland his job.
And, it'south not as if the problem with the values and institutional integrity at DOJ started only in the Trump regime. Under Bush-league II, Ashcroft and his advisor, notorious White Nationalist xenophobe Kris Kobach, had their plan to dismantle due procedure and fundamental fairness in the Immigration Courts, through compromising the BIA, in activeness before they fifty-fifty set foot in the building 10th & Pa. Ave. Those changes have actually price some migrants their lives, and some DOJ attorneys their jobs (for the "crime" of standing up for due process for migrants) even before the Trump kakistocracy arrived.
And, al la Garland, the Obama Administration's failure to either acknowledge the historical truth or have the obvious and necessary cosmetic actions sent our Clearing Courts and justice for migrants into a steep refuse that became a "death screw" under Sessions ("Gonzo Apocalypto") and Barr and continues its accelerated downward trajectory under Garland. It'southward a contributing gene in the largely self-created 1.3 1000000 instance Immigration Court backlog generated by Sessions and Barr at EOIR.
Indeed, the lack of quality, intellectual honesty, practical guidance, humane values, common sense, expertise, and legitimacy at EOIR has spread to and adversely affected other areas of our beleaguered justice organisation and at present threatens to take down everything in a messy heap. Why a former Article Three Appellate Judge can't grasp that reality and deed accordingly is beyond me.
Maybe its because he didn't personally experience plenty of EOIR's deadly, failed, corner-cutting "piece of work production" at the D.C. Circuit considering DC has no "resident Immigration Court." Maybe it's because he can't "connect the dots" between his relatives who died in the Holocaust and having no legal asylum organisation for those arriving at our Southern border and denying asylum seekers full due process every day @ EOIR.
For the reasons fix forth in the article, it seems that Gauge Garland is philosophically and by personality incapable of leading and implementing long overdue, critical progressive changes at this point in his otherwise distinguished career. The only promise would be that one of his advisors could light a fire and become him out of his inept centrist institutionalist funk.
But, the two best hopes to do that, Associate Attorney Vanita Gupta and Assistant AG for Civil Rights Kristen Clarke, who should be personally familiar with the practical and racial justice disaster at EOIR and its overall agin furnishings on justice in America, have failed to brand a visible affect.
Garland needs a practical expert similar Dean Kevin Johnson at U.C. Davis Constabulary, Professor Karen Musalo at the Center for Gender and Refugee Studies at Hastings Constabulary, Jaya Ramji-Nogales, Associate Dean at Temple Law, Judy Rabinowitz at ACLU, Marielena Hincappie at the National Immigration Justice Center, or someone of equal expertise and stature in civil and human rights to advise him and lead the reform try at EOIR. Sadly, he does not appear interested in surrounding himself with such capable, talented individuals who could "save him from himself" while saving the lives of those like his swell aunts who perished in the Holocaust for want of a viable refugee and aviary system.
Like Garland, I was at the DOJ during the Levi-Civiletti postal service-Watergate reform era. I once knew him and certainly helped out his "boss" Ben Civiletti on several occasions.
Somewhere in the "archives," I have a handwritten note from Ben Civiletti expressing his gratitude that he never had to use the "administrative subpoena" and "designation as an "clearing officeholder" that I had drafted for him in the midst of one of a number of "immigration emergencies" involving a plane on the tarmac.
Somewhere along the line, Merrick seems to have forgotten that fifty-fifty Civiletti was willing to take assuming actions when necessary to advance the cause of clearing justice! In that location was no "precedent" for the Attorney General personally serving an INS subpoena. Simply, Civiletti was on the verge of doing information technology, until "Plan A" prevailed, and the crunch was resolved without resorting to "Plan B" or even "Plan C."
I was also there and directly affected when the likes of Ashcroft, "Gonzo I", Kobach, and Mukasey cut through those post-Watergate reforms at EOIR as though they never existed, with little resistance except for a few of us "survivors" who adapted and continued to fight for due process and individual justice in a deteriorating organisation.
I watched in disgust and atheism as the Obama Assistants ("change?" — not so much in immigration) completely "blew" the opportunity to make life and democracy saving corrections at EOIR. I then saw from the outside as "Gonzo Apocalypto" and Barr aggressively and systematically dismantled American justice, starting with the Immigration Courts. Their job was made infinitely easier past the indolence of the Obama Assistants in failing to systematically bring progressive reforms and appoint more than progressive judges at EOIR.
But, those of us "on the exterior" were not just "passively outraged" by the due procedure and human rights abuses flowing from DOJ, nosotros took action! Among many groups forming the New Due Process Army ("NDPA"), our Round Table of Old Immigration Judges, some of whom had resigned or retired every bit an human action of conscience, helped lead the charge confronting the Trump regime's inhumane, scofflaw policies and bogus legal interpretations.
Nosotros filed over 100 amicus briefs in tribunals from the Supremes to the BIA, many of them successful in helping to correct and reverse the regime'southward anti-due process, anti-immigrant, racially driven policies. We also wrote, educated, did media interviews, organized, inspired others to bring together the resistance, and voted for change!
Even assuming, as I do, that whatsoever future GOP Assistants would move to undo progressive reforms and replace progressive judges, their job would exist made much more hard if Garland creates the progressive judiciary that he should at EOIR. Moreover, fifty-fifty if exiled, "truthful progressive practical scholars" will grade the expert backbone of the resistance to neo-fascism in the "next generation" of the Circular Table and the NDPA.
Some "graduates" of a progressive Immigration Judiciary could be elevated to the Article III Judiciary where they will accept continuing benign influence beyond the ability of the next GOP Administration to change. Others could apply their knowledge of the system to fight the forces of nativism, restrictionism, White Nationalist myths, and mindless cruelty. Others will run for office and improve our moribund legislative branch! Who knows, we could fifty-fifty get Article I during the Biden Assistants, giving a progressive immigration judiciary yet another caste of protection from right-wing political shenanigans!
Garland's "stuck in the irretrievable past" approach to EOIR and the DOJ generally is bravado a golden, perhaps never-to-come again, chance to finally create an constructive progressive judiciary at EOIR and, peradventure most important, to save lives and stop "pushing the St. Louis" back out to bounding main! It'southward something that Biden tin't fully achieve in the Article IIIs. Information technology's painful to picket him squander the opportunity.
Merrick Garland might well accept been a great Supreme Court Justice had Mitch McConnell and the GOP had a serious interest in institutional integrity and preserving norms. They didn't (which should have been "bespeak" that got Garland'southward attention)! Garland might also have been groovy Attorney General in a foretime era.
Sadly for both Garland and America, he's non the "correct fit" for the job under today's realities. Not merely will that forever tarnish his reputation, but it could well cost the residue of us our democracy.
🇺🇸Due Process Forever! Timidity and false "restraint" in delivering equal justice for all, never!
The meek might well inherit the world in the adjacent world. Only, they won't restore the rule of police to the Department of Justice in this one!☠️
Come on, Estimate Garland, take off the blinders and show that you lot are smart, flexible, and capable enough to get beyond the limitations of your past experiences and take the assuming, aggressive, courageous, potentially controversial, yet absolutely necessary and long overdue, actions necessary to restore the dominion of constabulary at Justice in the 21st twelvemonth of the 21st Century. And, that starts with progressive due process reforms and major personnel changes at EOIR!
PWS
07-26-21
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HISTORICAL ADDENDUM FROM HON. "SIR JEFFREY" CHASE:
I actually had Civiletti's desk-bound at the BIA (I was told that Tony Moscato had brought it with him from Chief Justice).
PWS
07-27-21
thompsonwhory1960.blogspot.com
Source: https://immigrationcourtside.com/2021/07/26/%E2%9A%96%EF%B8%8F%E2%98%B9%EF%B8%8Fa-good-man-in-the-wrong-job-the-last-two-gop-administrations-cut-through-the-levi-civiletti-post-watergate-institutional-reforms-justi/
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