Sessions Made What Might be His Most Racially Discriminatory Decision Yet and Barely Anyone Noticed

In an extraordinary move that is not getting nearly enough attention, Attorney General Jeff Sessions rescinded a Justice Department letter that warned state courts about the unlawful practice of forcing low income defendants to pay fines or face jail. Courts across the country were (and many still are) enforcing these type of fees in order to generate revenue. When people fail to pay the fees typically imposed for minor traffic infractions or city code violations, courts will issue arrest warrants, send people to jail or take away their driving licenses.  The problem with all that? In America, we don’t believe in debtor’s prisons. Oh, and the practice is unconstitutional. That means illegal. The U.S. outlawed debtor’s prisons in 1833. In 1983, the U.S. Supreme Court also ruled that jailing indigent debtors was illegal under the 14th Amendment’s Equal Protection Clause

“The idea that the Department of Justice doesn’t care about the United States Constitution in courts is so wrong, and really unfortunate. It is a message that should not be sent, and has practical implications,” the Honorable Lisa Foster, who served as the Director of the Office for Access to Justice at the U.S. Department of Justice said to Law&Crime.  Foster authored the “Dear Colleague” letter that was sent out in March 2016, and was rescinded by Sessions on Thursday.

Maybe the worst part of all about this decision? The fines and fees disproportionately impact minorities who can’t afford to pay fines right away and often find themselves in jail. It’s not just me saying this, there is study after study proving this.

Imagine getting pulled over for failing to stop at a stop sign. You get a $100 ticket. You can’t pay it right away, so your license gets suspended. Then you have to drive to work to support your family but get pulled over and thrown in jail for having a suspended license. Don’t believe me? The Southern Poverty Law Center filed a federal lawsuit in 2015 alleging that the small town of Alexander City, Alabama (population 15,000) was running a “modern-day debtor’s prison” where poor people who couldn’t pay city fines were forced to sit in jail instead. 

The stories go on and on.

Now to be clear, the “Dear Colleague” that was sent last year under the Obama administration was not some kind of earth shattering, super left-wing mandate. The letter was literally just guidance notifying local judges, prosecutors, attorneys and advocates about the law. It was a letter that state municpalities had asked for. Here are some examples of what the letter instructed:

 (1)Courts must not incarcerate a person for nonpayment of fines or fees without first
conducting an indigency determination and establishing that the failure to pay was
willful;
(2) Courts must consider alternatives to incarceration for indigent defendants unable to
pay fines and fees;
(3) Courts must not condition access to a judicial hearing on the prepayment of fines or
fees;
(4) Courts must provide meaningful notice and, in appropriate cases, counsel, when
enforcing fines and fees

The DOJ attorneys go on to cite very well-established Supreme Court opinions like Bearden v. Georgia (1983) to back up their guidelines.  The SCOTUS opinion found that the due process and equal protection principles of the Fourteenth Amendment prohibit “punishing a person for his poverty.”  In fact, the Supreme Court has repeatedly held tha tthe government can’t jail someone for failure to pay a fine.  The strange thing about all of this is that until Attorney General Sessions came along, this was a pretty non-partisan issue. Both Republicans and Democrats agreed there was a problem here.

In fact, the American Legislative Exchange Council (ALEC) which is a well-known conservative non-profit organization for state legislators, was also opposed to these type of excessive fees and fines. In their resolution against the practice they wrote: “excessive criminal justice financial obligations can contribute to unnecessary incarceration as some studies have found 20 percent of those in local jails are incarcerated because of failure to pay a fine or fee, which can make it even harder for the person to obtain employment and add to the burden on taxpayers.”

The initial “Dear Colleague” letter, which has now been rescinded, was in response, in part, to the DOJ’s Ferguson Report which found that police were unfairly targeting minorities, and saddling residents with fines. For example, a Ferguson woman parked her car illegally in 2007, and somehow ended up having to pay $1,000 and serve 6 days in jail. That’s insane.

“It is tragic for the Department of Justice to retreat from concerns about and constitutional commitments to equal and fair treatment,” Judith Resnik, the Arthur Liman Professor of Law at Yale Law School, said in an email to Law&Crime.

“I think it shocking and unfortunate,” Judge Foster said.

[Law and Crime]

Mulvaney installs 6 Trump loyalists at CFPB after revelations of anti-administration ‘Dumbledore’s Army’ uprising

Mick Mulvaney, the director of the Consumer Financial Protection Bureau, has installed six Trump loyalists in the agency. The news comes in the wake of revelations about a cadre of anti-Trump CFPB employees who called themselves “Dumbledore’s Army,” a reference to an anti-fascist underground group of students in the Harry Potter books.

As The Intercept’s Ryan Grim reports, Mulvaney announced in a Thursday memo his intention to bring those administration loyalists into the bureau that “by statute, is supposed to be an independent agency that was created in the aftermath of the 2007-08 financial crisis.”

Mulvaney’s short tenure at the helm of the CFPB has already been rife with controversy. In late November, President Donald Trump named him acting director of the agency when the former director stepped down. The move immediately caused scandal because Mulvaney also leads the White House’s Office of Management and Budget — and because the outgoing director had already named his former chief of staff, Leandra English, as his interim successor. Soon after, news that Mulvaney was directing staff to “disregard” English appeared — hence the cabal of resisters within the agency.

As The Washington Post reported shortly after it became clear Mulvaney was taking the reigns of the agency despite mounting legal challenges, the job makes him one of the most powerful men in the country.

The director of the CFPB, a federal judge quoted by the Post once noted, “enjoys more unilateral authority than any other officer in any of the three branches of the U.S. Government, other than the President.”

Of his six new hires, Grim noted Thursday, only three will work full-time for the agency — the other three, like the director himself, will split their time between the supposedly-independent bureau and their other jobs within the Trump administration.

[Raw Story]

Sarah Sanders: Russia Investigation a ‘Hoax,’ But We Have ‘No Intention’ to Fire Mueller

Press Secretary Sarah Huckabee Sanders took some new shots at the Russia special counsel today, even as she insisted the Trump Administration doesn’t plan on firing Robert Mueller.

In an interview for America’s Newsroom, Sanders was asked by Bill Hemmer about recent questions surrounding Mueller’s probe. Sanders proceeded to dismiss the investigation as a “hoax” which shows that Democrats have no agenda beyond attacking and trying to undermine the president.

“For the 1,000th time, We have no intentions of firing Bob Mueller,” Sanders said. “We are continuing to work closely and cooperate with him. We look forward to seeing this hoax wrap up very soon.”

Hemmer followed up by asking about what Senator Rand Paul suggested earlier today about former Obama officials colluding to stop Trump from being president. Sanders responded with more jabs at Democrats and the “liberal media,” and responded that Ryan’s claims could be worth looking into.

[Mediaite]

Media

Trump Threatens to End American Aid: ‘We’re Watching Those Votes’ at the U.N.

President Trump threatened on Wednesday to cut off American aid to any country that votes in favor of a resolution at the United Nations General Assembly denouncing his recent decision to formally recognize Jerusalem as the capital of Israel.

Mr. Trump’s statement, delivered at his last Cabinet meeting of the year, followed a letter from the American ambassador to the United Nations, Nikki R. Haley, in which she warned that the United States would take note of any country that votes in favor of the measure.

“All these nations that take our money and then vote against us at the Security Council or the assembly, they take hundreds of millions of dollars and billions of dollars and they vote against us,” Mr. Trump said. “Well, we’re watching those votes. Let them vote against us, we’ll save a lot. We don’t care.”

Mr. Trump added that “people are tired of the United States — people that live here, our great citizens that love this country — they’re tired of this country being taken advantage of and we’re not going to be taken advantage of any longer.”

It is difficult to see how Mr. Trump could deliver on his threat to cut financial assistance, since it could involve cutting off aid to a number of strategic allies. The United States has given $77.4 billion in foreign aid to Egypt between 1948 and 2016, according to the Congressional Research Service, including about $1.3 billion in annual military aid since 1987.

The General Assembly is scheduled to vote on Thursday on a resolution that would condemn Mr. Trump’s recognition of Jerusalem, which is fiercely contested by Israelis and Palestinians, and urge other countries not to move their embassies to that city from Tel Aviv.

Mr. Trump said earlier this month that the United States would move its embassy to Jerusalem, though administration officials said a move was several years away because of logistical issues in constructing a new embassy complex.

On Monday, the United States used a rare veto to block a resolution in the Security Council calling for the administration to reverse its decision on Jerusalem. The vote on the resolution, which was drafted by Egypt, was 14 to 1, suggesting there would be a similarly lopsided margin against the United States in the 193-member General Assembly.

[The New York Times]

Trump Taunts Press Before Cabinet Meeting Prayer: ‘You Need it More Than I Do’

Because he’s Donald Trump, one slam against the political press per day is never enough.

Trump held a cabinet briefing where he gloated about his first year in office and the imminent success of the GOP’s tax bill. During his round table, Trump invited HUD Secretary Ben Carson to say a prayer for the room…and the president turned that into an opportunity to swipe at the media again.

“I’m going ask Ben Carson, you can stay if you want, because you need the prayer more than I do, I think. You may be the only ones. Maybe a good solid prayer, and they’ll be honest.”

You can probably expect more of this when the president holds his press conference on tax reform later today.

[Mediaite]

Trump Falsely Claims GOP Tax Bill ‘Repealed Obamacare’

The Republican tax-overhaul bill may have only ended the individual mandate aspect of Obamacare, but that won’t stop President Trump from gloating to his base that he “repealed” his predecessor’s signature legislation. “When the individual mandate is being repealed, that means Obamacare is being repealed,” the president told the press during a cabinet meeting. “Obamacare has been repealed in this bill.”

Contrary to his claim, however, the Affordable Care Act is still largely intact—from its Medicaid expansion to the insurance exchanges it set up to regulations on insurance companies, including those mandating coverage for pre-existing conditions.

Media

White House defends Trump claim tax plan will cost him ‘a fortune’

The White House defended President Trump’s assertion that the forthcoming tax reform bill will cost him a “fortune,” while admitting he could benefit from cuts to corporate taxes.

Press secretary Sarah Huckabee Sanders responded to repeated questions from reporters during Tuesday’s briefing about Trump’s assertion, which he made during a Nov. 29 speech in Missouri.

Sanders defended the president by arguing that he hasn’t been focused on himself, but instead on the impact the bill would have on everyday Americans.

“In some ways, particularly on the personal side, the president will likely take a big hit. But on the business side, he could benefit,” she said.

“The biggest focus for this White House is to makes sure all Americans are better off today when this tax package passes than they were before hand. We really focused on invigorating the middle class and making sure they get more of their hard-earned money.”

Multiple independent analyses show that Trump, whose net worth is pegged by Forbes at $3.1 billion, stands to benefit from GOP tax plan.

When reporters noted that the overall impact on Trump’s bottom line is unclear because he has not released his tax returns, Sanders said that Trump will not release his tax returns while they are under audit, which is the line that Trump took during the presidential campaign too. The IRS, however, has said an audit does not prevent an individual from releasing personal tax information.

Using information from a leaked portion of Trump’s tax returns from 2005, NBC News quoted a tax expert estimating that the combined estates of both Trump and first lady Melania Trump would save about $1 billion from the repeal of the estate tax. The expert also estimated that Trump would save $22.6 million thanks to the repeal of the alternative minimum tax, after capital gains taxes were taken into account. But without Trump’s most recent tax returns, or a more full glimpse at the 2005 return, the full impact couldn’t be nailed down.

The House passed the final version of the plan Tuesday afternoon, with the Senate expected to vote on the bill later that same day.

[The Hill]

Zinke reprimanded park head after climate tweets

Interior Secretary Ryan Zinke brought the leader of a California park to his office last month to reprimand him for climate change-related tweets the park had sent via Twitter, two sources close to the situation said.

Zinke did not take any formal disciplinary action against David Smith, superintendent of Joshua Tree National Park. And the tweets at issue weren’t deleted, because they didn’t violate National Park Service or Interior Department policies.

But Zinke made it clear to Smith that the Trump administration doesn’t want national parks to put out official communications on climate change.

And by bringing Smith from California to Washington, D.C., to deliver the tongue-lashing, he also sent a message to the park service at large.

One source said Smith “got a trip to the woodshed” and described his one-on-one meeting with Zinke as “highly unusual.”

Another source said Zinke expressed concern with the tweets during the meeting, and told Smith “no more climate tweets.”

Other sources with knowledge of the meeting confirmed that Zinke wanted to stop tweets about climate change.

The Park Service didn’t respond to various questions about the situation, including requests to confirm the Zinke-Smith meeting and to identify who sent the tweets at issue.

“Many of our 417 National Park sites have a social media presence and content is generally determined at a local level,” Park Service spokesman Jeremy Barnum said in a statement.

Smith did not talk to The Hill for this story, and the Park Service did not make him available for an interview.

Heather Swift, a spokeswoman for Zinke, denied the description of the meeting.

“You have been given really bad information,” she said, declining to elaborate or to make Zinke available for an interview.

The meeting came after a series of 15 tweets were sent on Nov. 8 by Joshua Tree’s Twitter account. The tweets were focused on climate change’s impacts both on national parks in general and on Joshua Tree in particular.

The tweets were based on scientific conclusions, sometimes citing federal government reports and including caveats when necessary.

An overwhelming consensus—over 97%—of climate scientists agree that human activity is the driving force behind today’s rate of global temperature increase. Natural factors that impact the climate are still at work, but cannot account for today’s rapid warming,” read the first tweet of the series.

“Current models predict the suitable habitat for Joshua trees may be reduced by 90% in the future with a 3°C (5.4°F) increase in average temperature over the next 100 years,” said another.

It detailed climate change’s expected impacts on the desert Southwest, including on flora and fauna species like pinyon pine and desert iguana, and linked to a Park Service web page with more details on Joshua Tree and climate change.

The tweets got significant attention, garnering far more retweets and likes than the vast majority of tweets from national park accounts.

It’s not the first controversy surrounding the Park Service’s social media under the Trump administration.

On the day of President Trump’s inauguration, the Park Service’s main Twitter account retweeted a comparison of the inauguration crowd size on the National Mall — which the agency manages — against an obviously larger crowd from former President Obama’s 2009 inauguration.

The tweet was soon deleted.

Days later, the Twitter account of South Dakota’s Badlands National Park sent out tweets with facts about climate change. They were deleted, and the agency said a former employee with access to the account was responsible.

Trump’s opponents celebrated both episodes, along with the Joshua Tree tweets, as rebellion against the new administration, including Trump’s skepticism of human-induced climate change.

Conservationists say Zinke’s admonishment over the Joshua Tree tweets is especially troubling, both because of the chilling effect on the agency and as a sign of the administration’s views on global warming.

“This meeting shows how little respect Secretary Zinke has for the front-line employees who manage our national parks and public lands. It also reveals how far the Trump administration will go to hide basic facts from the American people,” said Aaron Weiss, spokesman for the Center for Western Priorities, which has fought much of Zinke’s agenda.

Zinke’s decision to call the Joshua Tree superintendent to Washington also serves as a window into Zinke’s leadership style.

He’s caught significant attention as Interior secretary for his brash style, reflected in direct attacks on the outdoor gear maker Patagonia after it criticized him; accusations that “the dishonest media or political operatives” were trying to tie him to Whitefish Energy’s utility repair contract in Puerto Rico; and his declaration that controversies surrounding his travel spending are “a little BS.”

Zinke has instructed employees to raise a flag for the secretary atop Interior’s building when he is there and has had commemorative coins made for him.

Maureen Finnerty, a retired Park Service superintendent and career official with the agency, accused Zinke of ignoring science in criticizing the tweets.

“The parks should be at the forefront of climate change discussion, because it’s impacting them,” she said.

Finnerty is chairwoman of the Coalition to Protect National Parks, a group composed largely of retired Park Service employees who advocate on numerous agency issues.

In Zinke’s time as secretary, he’s worked to roll back nearly all of the department’s major climate policies, including a moratorium on new coal mining on federal land and a policy to limit methane emissions from oil and natural gas drilling.

The changes have been less pronounced at the Park Service. But the agency did scrap a controversial Obama administration policy from December 2016 that asked parks to formulate plans for preserving natural resources and protecting them from threats like climate change.

If Zinke wants park employees to avoid talking about climate change, he should be more transparent about it, Finnerty said.

“They should go through the process, they should be transparent about it, they should seek whatever input they need, and then they can change the policy,” she said.

[The Hill]

Trump moves to weaken black lung protections

President Donald Trump is considering weakening a regulation intended to protect the health of one of the demographics he has often claimed to care most about — America’s coal miners.

A notice labeled “Regulatory Reform of Existing Standards and Regulations; Retrospective Study of Respirable Coal Mine Dust Rule” was published on Thursday by the White House for the Labor Department’s Mine Safety and Health Administration, according to the Charleston Gazette-Mail. The stated purpose of the reevaluation would be to determine how a 2014 rule passed under President Barack Obama regulating coal miners’ exposure to coal dust “could be improved or made more effective or less burdensome.”

When the rule was first implemented, it utilized new technologies and increased sampling in mines so that workers would have real-time information about dust levels. This would in turn allow both the miners and operators to minimize the chances that workers would be overexposed to coal dust, which has caused an epidemic of black lung disease among coal miners.

In spite of a 1969 law that increased coal mine safety requirements, more than 76,000 coal miners throughout America died of black lung disease between 1968 and 2014. Many of those deaths occurred among coal miners whose entire mining careers took place after the 1969 law had taken effect.

In response to the announcement that the coal dust rule would be reevaluated, the National Mining Association released a statement saying, “While we’ve not had any discussions with the agency regarding the retrospective study, we think it might shed valuable information on operation of the rule since its promulgation and ways it might be improved to provide further protection for miners while eliminating unnecessary implementation requirements for operators.”

Meanwhile a spokesman for mining company Murray Energy — whose owner, Bob Murray, was a major Trump backer in the 2016 election — released a statement saying that it is “pleased that the Federal Mine Safety and Health Administration is reexamining the Obama administration’s Respirable Dust Rule, which fails to protect coal miners in any way.”

Although coal mining has been on the decline in Appalachia over the past few years, that isn’t as a result of Trump’s policies. Part of that is something Trump can’t control. And part of it is something Trump doesn’t want to control. The chief struggle facing coal miners is that natural gas, solar and wind power can outcompete coal due to their low cost and abundance. Making matters worse for coal miners themselves, the coal mining jobs are often the best-paying ones in their area, and job retraining programs have a spotty track record of actually helping individuals who use them.

This latest policy undermines Trump’s longstanding claim to be an ally of coal miners, which he bragged about when he pulled out of the Paris climate accord. “I happen to love the coal miners,” Trump proclaimed at the time.

Trump may have let his true feelings about coal miners be known during a Playboy interview in 1990, however.

“The coal miner gets black-lung disease, his son gets it, then his son,” Trump told Playboy. “If I had been the son of a coal miner, I would have left the damn mines. But most people don’t have the imagination — or whatever — to leave their mine. They don’t have ‘it.'”

[Salon]

Homeland Security Senior Adviser Was Right-Wing Radio Host Who Promoted Birtherism

A Department of Homeland Security senior adviser to the White House was formerly a conservative radio host who “promoted conspiracy theories about former President Barack Obama’s birthplace, lamented the “Zimbabwe-fication of America,” and mocked the LGBT community,” according to a report by CNN’s KFILE.

Frank Wuco joined the White House in January after spending several years as a radio host in Florida, and his hardline views on Islam have been previously reported – as well as a jihadist character named Fuad Wasul he would often dress up as for videos warning of Islamic extremism.

CNN’s KFILE combed through dozens of hours of Wuco’s radio show, and found a trove of controversial comments from the man who now leads a team working to enforce President Donald Trump’s executive orders, including his controversial travel ban:

On the radio, Wuco said Obama knew nothing of the “black American experience,” defended the initial speculation in the media that Muslim extremists were responsible for the mass killing in Norway, and said that gay people had hijacked the word “gay” from happy people.

Wuco, a former naval intelligence officer, also happens to have something in common with Trump: he touted the birther conspiracy theory that Barack Obama was not born in the United States, even referring to the former president’s birth certificate as “a questionable document.”

Acting DHS press secretary Tyler Houlton defended Wuco in a statement to CNN, saying “Mr. Wuco works every day to keep the American people safe by helping to implement the President’s security-focused agenda, including raising the global bar for vetting and screening of potential terrorists.

“Years-old comments cherry picked from thousands of hours on the air have no bearing on his ability to perform his job for the American people,” Houlton said.

[Mediaite]

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