Trump nominates judge who argued countries are stronger if everyone is same ethnic group

A White House lawyer chosen by Donald Trump to serve on the federal appeals court previously argued countries were weakened by ethnic diversity.

Steven Menashi, the president’s nomination for the Court of Appeals Second Circuit, wrote in an academic journal that “ethnic ties provide the groundwork for social trust” and “solidarity underlying democratic polities rests in large part on ethnic identification”.

“Surely, it does not serve the cause of liberal democracy to ignore this reality,” he added in the 2010 article for the University of Pennsylvania Journal of International Law.

The passages resurfaced on social media following the announcement of Mr Menashi’s nomination on Wednesday and were later discussed on air by MSNBC host Rachel Maddow, who described them as “a highbrow argument for racial purity in the nation state”.

In the journal article, titled “Ethnonationalism and Liberal Democracy”, the lawyer says he aims to refute claims that “Israel’s particularistic identity — its desire to serve as a homeland for the Jewish people — contradicts principles of universalism and equality upon which liberal democracy supposedly rests”.

“This article, in contrast, argues that ethnonationalism remains a common and accepted feature of liberal democracy, consistent with current state practice and international law,” he writes.

[The Independent]

Update

On November 14, 2019, Senate Republicans overwhelmingly voted to approve Menashi to a lifetime appointment.

Trump Administration Seeks Decertification Of Immigration Judges’ Union

The Justice Department late last week moved to seek the decertification of the union representing hundreds of U.S. immigration judges, ratcheting up a simmering battle over the Trump administration’s immigration enforcement policies.

The department filed a petition Friday asking the Federal Labor Relations Authority to determine whether the certification of National Association of Immigration Judges as the union representing some 440 immigration judges should be revoked “because the bargaining unit members are management officials under the statutory definition,” according to a Justice Department spokesperson.

“This is nothing more than a desperate attempt by the DOJ to evade transparency and accountability, and undermine the decisional independence of the nation’s 440 Immigration Judges,” Judge Ashley Tabaddor, speaking in her capacity as president of the National Association of Immigration Judges, said in an emailed statement. “We are trial court judges who make decisions on the basis of case specific facts and the nation’s immigration laws. We do not set policies, and we don’t manage staff.”

The administration and the immigration judges union have been at loggerheads over a variety of issues, including the judges’ status as employees of the Justice Department. Judges are appointed by the attorney general and they are not part of the independent judiciary. They have publicly argued for their separation from the Justice Department.

Last year, then-Attorney General Jeff Sessions took the unusual step of reviewingsome judicial decisions in the name of reducing the backlog of hundreds of thousands of cases clogging the courts.

Sessions also ordered judges to end the practice of temporarily removing cases from their dockets without issuing decisions, a move known as “administrative closure.”

The Justice Department also imposed a quotasystem on judges, linking the number of cleared cases to their performance evaluations. The judges’ union said the courts need more immigration judges, not assembly-line proceedings.

President Trump has appointed 190immigration judges since taking office. As of June 2019, there are more than 900,000 pending cases in immigration courts, according to the Transactional Records Access Clearinghouse at Syracuse University.

The move to decertify the immigration judges’ union comes as no surprise to many judges.

“Clearly they want to use the judges to ramrod through cases and ramp up deportation regardless of any due process defects their policies have,” said one judge who isn’t authorized to speak for the union and requested anonymity. Without the union, judges would be effectively muzzled and unable to publicly share their views about the courts, the judge added.

This is not the first time the Justice Department has tried to decertify the immigration judges’ union. The Clinton administration sought decertification, but the Federal Labor Relations Authority rejectedthe notion that judges are managers who make policy. But some judges are concerned that the FLRA under the Trump administration would be less sympathetic to the union. 

“It’s absurd that anyone would consider us managers,” said Tabaddor, a judge based in Los Angeles. “We don’t even have the authority to order pencils.”

[NPR]

Trump hammers Federal Reserve, cites commentary from Fox Business

President Trump on Wednesday spent a portion of the day at his New Jersey golf club blasting the Federal Reserve as stocks took a dive amid signs of a potential recession.

The president sent three tweets over a 90-minute span in which he quoted multiple Fox Business Network personalities who echoed Trump’s criticisms of the central bank and defended Trump’s tariff policy toward China.

Trump expressed agreement with Mark Grant, a guest on Stuart Varney’s show who suggested the Federal Reserve should act to boost the U.S. economy.

“Correct! The Federal Reserve acted far too quickly, and now is very, very late. Too bad, so much to gain on the upside!” Trump tweeted.

He later shared comments from Fox Business host Charles Payne, who criticized Federal Reserve Chairman Jerome Powell for his handling of the central bank.

“I agree (to put it mildly!)” Trump tweeted.

He also referenced a quote from Varney’s program which downplayed concerns over the ongoing trade war between the U.S. and China, arguing it had yet to negatively impact the American economy.

Stocks sank sharply Wednesday morning after the U.S. bond market signaled an impending recession. The dip came one day after Trump announced he would delay further tariffs on Chinese imports until after the bulk of the holiday shopping season, reflecting mounting fears that the trade war could derail the robust U.S. economy.

In a pair of tweets later in the afternoon, Trump emphasized that “China is not our problem,” saying the trouble lies with the Fed.

Trump is at his golf club in Bedminster, N.J., for the week, and he had no public events listed on his schedule for Wednesday. He has repeatedly hammered the Fed and Powell for its decisions to raise or lower interest rates, arguing that its decisions have held back the economy. 

“This guy has made a big mistake,” Trump said Tuesday at an event in Pennsylvania, referring to Powell. “He’s made a big mistake — the head of the Fed. That was another beauty that I chose.”

The constant critiques have worried critics, who note the central bank has historically been independent of politics.

[The Hill]

Trump retweets conspiracy theory alleging ‘voter fraud is real’ — even though his government never could find it

President Donald Trump is once again spreading conspiracy theories to his 63 million Twitter followers.

On Tuesday evening, the commander-in-chief retweeted Trump fanboy Charlie Kirk arguing that voter fraud is real.

The tweet in question was originally sent on April 28th.

“Voter fraud is real,” Kirk argued.

“Los Angeles county has a registration rate of 112% its adult population,” he claimed. “The entire state of California has a registration rate of 101%. 11 of 58 counties in CA have registration rates above 100%.

“Is this why California is solid blue?” he asked, with a chin-scratching emoji.

Trump has long had a fixation on voter fraud. He inaccurately claimed that he only lost the popular vote in 2016 because of fraud. So in May of 2017, he created a commission to study the issue and appointed Vice President Mike Pence and then-Kansas Secretary of State Kris Kobach to investigate.

The commission disbanded in January of 2018 and later that year Kobach lost his bid to be governor of Kansas.

[Raw Story]

Trump claims credit for Shell plant announced under Obama

President Donald Trump sought to take credit Tuesday for a major manufacturing complex in western Pennsylvania in his latest effort to reinvigorate the Rust Belt support that sent him to the White House. He was cheered on by fluorescent-vest-clad workers who were paid to attend by Shell, their employer, which is building the facility.

Despite Trump’s claims, Shell announced its plans to build the complex in 2012, midway through President Barack Obama’s term in the White House.

The event was billed as an official White House event, but Trump turned much of it into a campaign-style rally, boasting of achievements he claims as president and assailing his would-be Democratic rivals for the 2020 election.

“I don’t think they give a damn about Western Pennsylvania, do you?” he prodded the crowd.

Trump was visiting Shell’s soon-to-be completed Pennsylvania Petrochemicals Complex, which will turn the area’s vast natural gas deposits into plastics. The facility is being built in an area hungry for investment and employment, though critics claim it will become the largest air polluter in western Pennsylvania.

Trump contends that America’s coal, oil and manufacturing are reviving and he deserves the credit. He’s been focusing on his administration’s efforts to increase the nation’s dependence on fossil fuels in defiance of increasingly urgent warnings about climate change. And he’s embracing plastic at a time when the world is sounding alarms over its impact.

“We don’t need it from the Middle East anymore,” Trump said of oil and natural gas, proclaiming the employees “the backbone of this country.”

As for the new complex, he declared, “This would have never happened without me and us.”

Trump’s appeals to blue-collar workers helped him win Beaver County, where the plant is located, by more than 18 percentage points in 2016, only to have voters there turn to Democrats in 2018’s midterm elections. In one of a series of defeats that led to Republicans’ loss of the House, voters sent Democrat Conor Lamb to Congress after the prosperity promised by Trump’s tax cuts failed to materialize.

Today, the much of the area is still struggling to recover from the shutting of steel plants in the 1980s that sent unemployment to nearly 30%. Former mill towns like Aliquippa have seen their population shrink, though Pittsburgh has lured major tech companies like Google and Uber, fueling an economic renaissance in a city that reliably votes Democratic.

Trump claimed that his steel and aluminum foreign-trade tariffs have saved the industries and that they are now “thriving,” exaggerating the recovery of the steel industry, particularly when it comes to jobs, which have largely followed pace with broader economic growth.

Trump took credit for the addition of 600,000 U.S. manufacturing jobs. Labor Department figures show that roughly 500,000 factory jobs have been added since his presidency started.

Manufacturing has also started to struggle anew this year as the administration has intensified its trade war with China and factory production has declined. Pennsylvania has lost 5,600 manufacturing jobs so far this year, according to the Labor Department.

The region’s natural gas deposits had been seen, for a time, as its new road to prosperity, with drilling in the Marcellus Shale reservoir transforming Pennsylvania into the nation’s No. 2 natural gas state. But drops in the price of oil and gas caused the initial jobs boom from fracking to fizzle, leading companies like Shell to turn instead to plastics and so-called cracker plants — named after the process in which molecules are broken down at high heat, turning fracked ethane gas into one of the precursors for plastic.

The company was given massive tax breaks to build the petrochemicals complex, along with a $10 million site development grant, with local politicians eager to accommodate a multibillion-dollar construction project.

But “fracking for plastic” has drawn alarm from environmentalists and other activists, who warn of potential health and safety risks to nearby residents and bemoan the production of ever more plastic. There has been growing concern over the sheer quantity of plastic on the planet, which has overwhelmed landfills, inundated bodies of water and permeated the deepest reaches of the ocean. Microplastics have been found in the bodies of birds, fish, whales and people, with the health impacts largely unknown.

“Of all the things we could invest in, of all the things we should be prioritizing, of all the companies we should be giving our taxpayer money to, this seems like the worst of all worlds,” said David Masur, executive director of PennEnvironment, a statewide environmental advocacy organization.

Trump defended the investment in plastics, claiming pollution in the ocean is “not our plastic.”

“It’s plastics that’s floating over in the ocean and the various oceans from other places,” he told reporters before boarding Air Force One.

A spokesman for Shell, Ray Fisher, said the company has “dedicated a great deal of time and resources” to ensure emissions from the plant meet or exceed local, state and federal requirements. “As designed, the project will actually help improve the local air shed as it relates to ozone and fine particulates,” he said.

The project currently has 5,000 construction workers. Once operational, however, the number of permanent employees at the site will shrink to 600.

The area still faces economic headwinds. The nearby Beaver Valley Power Station, a nuclear plant that has employed 850 people, has announced plans to close in 2021. And the Bruce Mansfield Power Plant, once the state’s largest coal-powered plant, announced Friday that it would close this fall, 19 months earlier than expected, at a cost of at least 200 jobs.

[Yahoo News]

Trump blasts media, Biden, Warren in Pennsylvania

President Trump blasted the media, U.S. trading partners and his Democratic rivals for the White House in a Tuesday speech that had been advertised as focusing on energy and manufacturing.

Trump spent roughly an hour in Monaca, Pa., speaking to workers at a Shell petrochemical plant. While his speech was sprinkled with references to his administration’s efforts to expand pipelines, produce more energy and cut regulations, the president regularly went off on tangents swiping at critics.

“Can you imagine if I got a fair press? I mean, we’re leading without it. Can you imagine if these people treated me fairly? The election would be over,” Trump said, taking a dig at the media.

In another random aside directed at the media, Trump mocked the Academy Awards and suggested the annual show had seen a drop in ratings because it didn’t align with his supporters.

“The Academy Awards is on hard times now,” Trump said. “You know why? Because they started taking us on. Everyone got tired of it.”

The president swiped at various other familiar targets, including the Green New Deal, Federal Reserve Chairman Jerome Powell and the World Trade Organization.

At one point, he disputed claims that he’s profited off the presidency by claiming that lawsuits over the Emoluments Clause and other legal fees have cost him a “fortune.”

“I don’t care. You know, if you’re wealthy it doesn’t matter,” he said. “I just want to do a great job.”

Trump has a tendency to go off script at official White House events. Standing behind the official presidential seal, he often ignores the teleprompter in favor of ad-libbed remarks recounting his 2016 victory, predicting his 2020 opponent and admonishing those who doubt him.

Tuesday was no different. Trump was in Pennsylvania to tour a Shell petrochemical facility where natural gas will be turned into plastic.

The president at times made references to energy and manufacturing as promised. He touted his administration’s decision to roll back regulations that prevented plants like the one he visited Tuesday from being built and cited the boom in energy production during his presidency.

But even some of his energy-related remarks were retreads from his campaign-style rhetoric. He jabbed at 2016 Democratic nominee Hillary Clinton over her comments dismissing the future of coal miners in West Virginia and accused New York state of caring more about suing him than about boosting jobs with fracking.

Trump again mocked the use of wind as an energy source and ripped the progressive Green New Deal and the Democratic presidential candidates who support it.

“I don’t want to speak badly about it. I want to encourage them. That should be their platform, I don’t want to do it too early. I did it very early with Pocahontas. I should’ve probably waited. She’s staging a comeback on Sleepy Joe,” he said, referring derisively to Sen. Elizabeth Warren (D-Mass.) and former Vice President Joe Biden, respectively.

“I don’t know who’s going to win,” he continued. “But we’ll have to hit Pocahontas very hard again if she does win. But she’s staging a little bit of a comeback. What a group. Pocahontas and Sleepy Joe. I don’t think they give a damn about western Pennsylvania.”

Parts of Trump’s speech were intended to highlight his personal role in boosting economic prospects for some in Pennsylvania, which will serve as a key swing state in the 2020 election as he seeks to retain support in Rust Belt communities that helped propel him to victory four years ago.

The president won the state by roughly 45,000 votes in 2016 and won the county where Tuesday’s speech took place by 18 percentage points.

Even though plans for the Monaca plant were first announced while former President Obama was in office, Trump attempted to broadly take credit for the economic conditions in the state.

[The Hill]

Trump defends promoting conspiracy theory about Epstein’s death: ‘It was a retweet’


President Trump
 on Tuesday defended promoting a baseless conspiracy theory that ties the Clintons to the death of accused sex trafficker Jeffrey Epstein, saying it was “fine” because he was only retweeting what someone else said.

“The retweet — which is what it was, it was a retweet — was from somebody that is a very respected conservative pundit. So I think it was fine,” Trump told reporters before heading to Pennsylvania for a speech.

Asked later if he truly believes the Clintons are involved in Epstein’s death, Trump said “I have no idea” before pointing to former President Bill Clinton‘s relationship with the disgraced financier.

Trump, who ran in the same social circles with Epstein before he said they had a falling out, said he would like there to be a “full investigation” into the convicted sex offender’s death.

“I want a full investigation and that’s what I absolutely am demanding,” Trump said.

Trump on Saturday shared a tweet from Terrence K. Williams that blamed Epstein’s death on Bill and Hillary Clinton without providing any evidence. 

The tweet included the hashtags #ClintonBodyCount and #ClintonCrimeFamily, as well as a photo of both the former president and former secretary of State.

Attorney General William Barr said Monday that Justice Department officials will thoroughly investigate “serious irregularities” at the Metropolitan Correctional Center, where Epstein was found dead of an apparent suicide over the weekend.

Epstein was found dead early Saturday in his jail cell in the New York federal prison, where he was awaiting trial on federal sex trafficking charges. He had been a registered sex offender following an earlier conviction in 2008 of soliciting sex from underage girls.

Trump and Epstein were known to run in the same social circles in New York and Florida. Trump told New York magazine in a 2002 article that Epstein is a “terrific guy” and “a lot of fun to be with.”

The president said last month in the wake of fresh charges against Epstein that the two had a falling out 15 years ago.

“I knew him like everybody in Palm Beach knew him. I mean, people in Palm Beach knew him,” Trump said a day after the charges against Epstein were unsealed. “He was a fixture in Palm Beach. I had a falling out with him a long time ago. I don’t think I’ve spoken to him for 15 years. I wasn’t a fan.” 

[The Hill]

Trump Calls Chris Cuomo an ‘Out-of-Control Animal’ Who Uses ‘Horrible’ Language and ‘Spews Lies’

President Donald Trump weighed in on the viral outrage of the day by calling CNN anchor Chris Cuomo an “out-of-control animal” who also “spews lies every night,” while also seeming to criticize Cuomo for not assaulting the man who taunted him.

During an impromptu press gaggle in New Jersey Tuesday afternoon, Trump was asked about his tweets attacking Cuomo over the aborted bar fight that was caught on video.

“I think that what Chris Cuomo did was horrible,” Trump told reporters. “His language was horrible, he looked like a total out-of-control animal. He lost it.”

“And frankly, I don’t think anybody should defend him, because he spews lies every night,” Trump continued. According to The Washington Post, Trump recently made the 12,000th false or misleading statement of his presidency.

The president then paraphrased his earlier assertions, saying “I don’t know why anybody would defend him, but, Chris Cuomo was out of control, I watched it I thought it was terrible. So I don’t know who is defending him, maybe they didn’t see it, maybe they haven’t gotten the whole picture, but I think anybody that would have seen Chris, would have said that was a disgrace. You’ve never seen me do that.”

Trump has, in the past, offered to pay the legal fees of rallygoers if they carried out violence on his behalf.

Trump was then asked if his tweets undermine the validity of so-called “red flag” laws.

“Well I think Chris Cuomo was so out of control that I would not have wanted to see a weapon in his hand,” Trump said, then appeared to criticize Cuomo for not punching the man who accosted him, saying “I guess his fist is not a weapon, or he would have done something, you know he talked about it but he didn’t do anything.”

Seconds after observing that Cuomo did not commit violence during the altercation, Trump again insisted “But I think Chris Cuomo was very much out of control actually.”

[Mediaite]

Trump’s Chris Cuomo Jab Appears to Make Light of ‘Red Flag’ Laws

As millions of Americans woke up to the news that Chris Cuomo hadthreatened a guy for calling him “Fredo,” President Trump inserted himself into the most important story of our time with his usual measured perspective:

The tweet appears to be both an attack on Cuomo — the president would never miss the opportunity to go after a CNN anchor — and a joke about “red flag” laws, which grant authorities the power to remove guns from those who have been deemed unstable by their family or law enforcement. (Cuomo’s tough-guy act isn’t exactly the kind of thing the regulation’s architects had in mind.)

In the aftermath of the mass shootings in Texas and Ohio last weekend, Trump indicated his support for red-flag laws, which have recently gained traction as a point of rare bipartisan compromise. Since 17 people were killed at Marjory Stoneman Douglas High School in Florida in February 2018, the number of states with such rules on the books has more than tripled from five to 17. If Trump’s endorsement means he’s in favor of a federal red-flag mandate — it’s unclear whether that’s the case — he could conceivably sign one into law after Congress reconvenes in September. That is, if he can pull himself away from Twitter.

[New York Magazine]

Trump: Voter ID must play ‘very strong part’ in deal on election security

President Trump on Tuesday said Congress should not consider any “final agreement” on election security that does not include provisions mandating voters present identification while casting ballots. 

“No debate on Election Security should go forward without first agreeing that Voter ID (Identification) must play a very strong part in any final agreement. Without Voter ID, it is all so meaningless!” Trump tweeted Tuesday. 

Trump has long touted unfounded claims that he only lost the 2016 popular vote by 3 million ballots because of “millions of people who voted illegally.”

The president went on to retweet a post claiming without evidence that certain areas in California, a reliably blue state, have more registered voters than adults. 

The tweets come as Democrats pressure Senate Majority Leader Mitch McConnell (R-Ky.) to take up two election security bills that have passed through the House. The legislation requires the use of paper ballots, includes funding for the Election Assistance Commission and mandates candidates, campaign officials and their family members to notify the FBI if foreign governments offer assistance.

McConnell has resisted calls to take up the bills, saying Democrats are trying to give themselves a “political benefit” and the request “is not a serious effort to make a law.”

Democrats renewed their calls for the Senate to boost election security after former special counsel Robert Mueller, who spent two years investigating Russia’s election meddling in 2016, testified last month that Moscow is seeking to replicate its efforts next year. 

“Mueller’s testimony was a clarion call for election security. Mueller’s testimony should be a wake-up call to every American, Democrat, Republican, liberal, conservative, that the integrity of our elections is at stake. … This is all about the future of this country,” Senate Minority Leader Charles Schumer (D-N.Y.) said last month.

[The Hill]

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