Trump Administration Quietly Rolls Back Civil Rights Efforts Across Federal Government

For decades, the Department of Justice has used court-enforced agreements to protect civil rights, successfully desegregating school systems, reforming police departments, ensuring access for the disabled and defending the religious.

Now, under Attorney General Jeff Sessions, the DOJ appears to be turning away from this storied tool, called consent decrees. Top officials in the DOJ civil rights division have issued verbal instructions through the ranks to seek settlements without consent decrees — which would result in no continuing court oversight.

The move is just one part of a move by the Trump administration to limit federal civil rights enforcement. Other departments have scaled back the power of their internal divisions that monitor such abuses. In a previously unreported development, the Education Department last week reversed an Obama-era reform that broadened the agency’s approach to protecting rights of students. The Labor Department and the Environmental Protection Agency have also announced sweeping cuts to their enforcement.

“At best, this administration believes that civil rights enforcement is superfluous and can be easily cut. At worst, it really is part of a systematic agenda to roll back civil rights,” said Vanita Gupta, the former acting head of the DOJ’s civil rights division under President Barack Obama.

Consent decrees have not been abandoned entirely by the DOJ, a person with knowledge of the instructions said. Instead, there is a presumption against their use — attorneys should default to using settlements without court oversight unless there is an unavoidable reason for a consent decree. The instructions came from the civil rights division’s office of acting Assistant Attorney General Tom Wheeler and Deputy Assistant Attorney General John Gore. There is no written policy guidance.

Devin O’Malley, a spokesperson for the DOJ, declined to comment for this story.

Consent decrees can be a powerful tool, and spell out specific steps that must be taken to remedy the harm. These are agreed to by both parties and signed off on by a judge, whom the parties can appear before again if the terms are not being met. Though critics say the DOJ sometimes does not enforce consent decrees well enough, they are more powerful than settlements that aren’t overseen by a judge and have no built-in enforcement mechanism.

Such settlements have “far fewer teeth to ensure adequate enforcement,” Gupta said.

Consent decrees often require agencies or municipalities to take expensive steps toward reform. Local leaders and agency heads then can point to the binding court authority when requesting budget increases to ensure reforms. Without consent decrees, many localities or government departments would simply never make such comprehensive changes, said William Yeomans, who spent 26 years at the DOJ, mostly in the civil rights division.

“They are key to civil rights enforcement,” he said. “That’s why Sessions and his ilk don’t like them.”

Some, however, believe the Obama administration relied on consent decrees too often and sometimes took advantage of vulnerable cities unable to effectively defend themselves against a well-resourced DOJ.

“I think a recalibration would be welcome,” said Richard Epstein, a professor at New York University School of Law and a fellow at the Hoover Institution at Stanford, adding that consent decrees should be used in cases where clear, systemic issues of discrimination exist.

Though it’s too early to see how widespread the effect of the changes will be, the Justice Department appears to be adhering to the directive already.

On May 30, the DOJ announced Bernards Township in New Jersey had agreed to pay $3.25 million to settle an accusation it denied zoning approval for a local Islamic group to build a mosque. Staff attorneys at the U.S. attorney’s office in New Jersey initially sought to resolve the case with a consent decree, according to a spokesperson for Bernards Township. But because of the DOJ’s new stance, the terms were changed after the township protested, according to a person familiar with the matter. A spokesperson for the New Jersey U.S. attorney’s office declined comment.

Sessions has long been a public critic of consent decrees. As a senator, he wrote they “constitute an end run around the democratic process.” He lambasted local agencies that seek them out as a way to inflate their budgets, a “particularly offensive” use of consent decrees that took decision-making power from legislatures.

On March 31, Sessions ordered a sweeping review of all consent decrees with troubled police departments nationwide to ensure they were in line with the Trump administration’s law-and-order goals. Days before, the DOJ had asked a judge to postpone a hearing on a consent decree with the Baltimore Police Department that had been arranged during the last days of the Obama administration. The judge denied that request, and the consent decree has moved forward.

The DOJ has already come under fire from critics for altering its approach to voting rights cases. After nearly six years of litigation over Texas’ voter ID law — which Obama DOJ attorneys said was written to intentionally discriminate against minority voters and had such a discriminatory effect — the Trump DOJ abruptly withdrew its intent claims in late February.

[ProPublica]

DeVos ‘Not Going to Be Issuing Decrees’ on Civil Rights Protections

U.S. Education Secretary Betsy DeVos clashed with Democratic lawmakers on Tuesday over protections for LGBT students, balking when asked directly if she would ban private schools from receiving federal funds if they discriminate against these students.

The Trump administration wants to invest millions into an unprecedented expansion of private-school vouchers and public-private charter schools, prompting critics to worry that religious schools, for example, might expel LGBT students or, more broadly, that private schools might refuse to admit students with disabilities. Testifying before a Senate Appropriations subcommittee, DeVos told Sen. Patty Murray, D-Wash., “Let me be clear: Schools that receive federal funds must follow federal law. Period.”

But after another Democrat, Sen. Jeff Merkley of Oregon, pointed out that federal law is “somewhat foggy” surrounding LGBT student protections, DeVos simply repeated that schools must follow federal law, adding, “Discrimination in any form is wrong.”

Merkley pressed again, asking DeVos point-blank whether private and charter schools receiving federal funds under Trump’s budget proposal could discriminate against students based on sexual orientation or religion.

She said the department “is not going to be issuing decrees” on civil rights protections.

Merkley asked Sen. Roy Blunt, R-Mo., who chairs the subcommittee, to note that DeVos refused to directly answer the question.

DeVos came under fire last month for a nearly identical exchange, refusing to tell a House Appropriations subcommittee whether she would block federal voucher funding to private schools that discriminate against LGBT students. U.S. Rep. Barbara Lee, D-Calif., told DeVos, “To take the federal government’s responsibility out of that is just appalling and sad.”

DeVos’ spokeswoman later said the controversy stemmed from a “fundamental misunderstanding” by lawmakers about what the secretary was talking about. On Tuesday, DeVos sought to clarify that she wasn’t talking about a specific voucher proposal. “It is really appropriations language,” she said.

During the nearly two-and-a-half-hour hearing, DeVos defended the Trump administration’s proposed $9 billion cut to education, saying the planned 13% reduction in funding may seem shocking, but it’s necessary.

“I’ve seen the headlines, and I understand those figures are alarming for many,” DeVos told lawmakers, according to her prepared testimony. The proposed 2018 budget, she said, refocuses the department on supporting states and school districts in their efforts to provide “high-quality education” to all students while simplifying college funding, among other efforts.

Overall, Trump plans to eliminate or phase out 22 programs that the administration says are “duplicative, ineffective, or are better supported through state, local, or private efforts.”

The administration wants to cut teacher training, vocational training and before- and after-school programs, among others. It also wants to eliminate subsidized loans and a new loan forgiveness program for students who commit to public service after college. Trump wants to funnel the savings into several school choice proposals — including a $250 million fund for expanding public funding of private-school vouchers.

The proposal faces an uphill battle in Congress. On Tuesday, Blunt, a Republican, called it “a difficult budget request to defend,” saying deep cuts to programs like after-school would be “all but impossible” to get through the committee.

Sen. Patrick Leahy, D-Vt., said Trump’s budget request “can be summed up in one word: abysmal.”

As she has recently, DeVos on Tuesday took a swat at past federal efforts to reform education, noting that discretionary spending at the U.S. Department of Education quadrupled between 1989 and 2016, from $17.1 billion to $68.3 billion.

The “seemingly endless” reform efforts, she said, have been top-down and have generated “more publicity than results,” failing to close long-standing achievement gaps between white, middle-class students and their low-income and minority peers. They’ve also produced disappointing results for high school graduation and college completion rates.

While achievement has been mixed in recent decades, high school graduation and college completion rates have actually risen, sometimes sharply. Federal data show that in 2015, the graduation rate for public high school students rose to a record-high 83%. U.S. colleges also awarded more degrees — 961,167, up 35.2% from a decade earlier.

A GOP mega-donor and four-time chair of the Michigan Republican Party, DeVos previously ran an organization that promotes private-school choice. DeVos last month called school choice critics “flat-earthers” and said expanding families’ educational choices is a way to bring U.S. education “out of the Stone Age and into the future.”

On Tuesday, she said more choice would help families in more ways than one, noting that when parents decide proactively which school their child should attend, “there’s a lot more engagement, naturally, as a result of that.”

Media

 

 

Betsy DeVos Would Not Agree to Bar Discrimination by Private Schools That Get Federal Money

President Trump’s budget proposal includes deep cuts to education but funds a new push for school choice.

When pressed by representatives at a House appropriations subcommittee hearing on the budget, Education Secretary Betsy DeVos declined to say if, when or how the federal government would step in to make sure that private schools receiving public dollars would not discriminate against students.

She repeatedly said that decisions would be left to school districts and parents.

Rep. Mark Pocan (D-Wis.) stressed that Milwaukee’s school voucher program has resulted in years of failure. When he pressed DeVos on whether the federal government would hold recipients of public money accountable, DeVos punted.

“Wisconsin and all of the states in the country are putting their ESSA plans together,” said DeVos, referring to the Every Student Succeeds Act, a school accountability law. “They are going to decide what kind of flexibility … they’re allowed.”

“Will you have accountability standards?” Pocan asked.

“There are accountability standards,” DeVos said. “That is part of the ESSA legislation.”

That’s not true. ESSA’s regulations state that the law’s accountability rules do not apply to private schools.

Rep. Katherine Clark (D-Mass.) asked DeVos about a Christian school in Indiana that gets state dollars through a voucher program but explicitly states that gay students may be denied admission.  “If Indiana applies for funding, will you stand up and say that this school is open to all students?” Clark asked.

DeVos said states make the rules.

“That’s a no,” Clark said. Then she asked what if a school doesn’t accept black students.

“Our [civil rights] and Title IX protections are broadly protective, but when our parents make choices,” DeVos started.

“This isn’t about parents making choices,” Clark interrupted. “This is about the use of federal dollars.”

After a few more rounds like this, DeVos said that her “bottom line” is that “we believe that parents are best equipped to make decisions for their schooling.”

Clark said she was shocked by this response.

DeVos’ staff later came to her defense, saying that the line of questioning in the hearing concerned a “theoretical voucher program” and indicated a “misunderstanding” about the federal government’s role in education.

“When States design programs, and when schools implement them, it is incumbent on them to adhere to Federal law,” DeVos’ press secretary Liz Hill said in an email. “The Department of Education can and will intervene when Federal law is broken.”

[Los Angeles Times]

Media

 

Trump Rally-Goer Roughed Up After Being Wrongly IDed as a Protester

During President Trump’s Harrisburg, Pa. rally marking his 100th day in office on Saturday, an attendee named Neil Makhija says he was surrounded by Trump supporters and “shoved up against the wall” after being wrongly identified as a protester.

“It was a disturbing moment,” said Makhija speaking to AOL.com, who says multiple Trump supporters wearing “Bikers for Trump” shirts cornered him while he was listening to the president’s speech. Video of an altercation at the New Holland Arena in the Farm Show and Expo Center shows a group of men surrounding Makhija, pushing him while shoving pro-Trump signs in front of his face.

According to Makhija, the incident began when a person standing next to him was being removed from the rally after holding up a sign that read, “The sea levels are rising.”

“Then a supporter just pointed at me and said, ‘Hey, take that guy too,’ and they went after me,” said Makhija who denies knowing the protesters and says he was not at the rally to cause problems but rather to listen to the president’s speech.

Multiple protesters were removed from the rally throughout the president’s speech.

Makhija, a Harvard-educated lawyer and a former Democratic candidate for state House added, “I’m not saying it’s cause the way I look, but they just don’t want anyone here who’s not vehemently supportive.” Makhija is also a resident of Carbon County, Pennsylvania.

Law enforcement stepped in as Trump supporters pushed Makhija towards the exit. He was then escorted out of the arena briefly before returning to the rally once police assessed the situation.

“We see a issue and we just help out,” said a man who did not provide his name but was wearing a “Bikers for Trump” and was involved in the altercation. “I don’t know what happened over there … I don’t know the facts. Ask him, he knows all about it,” he while pointing to Makhija.

Makhija admits he’s not a Trump supporter, but he insists he came to Saturday’s rally with an open mind. “I’m not a protester, I actually pay attention and wanted to see the president when he came back.”

“I wanted to see if he actually said something about the opioid issue — he hasn’t said anything at all,” said Makhija.

(h/t AOL)

Media

https://www.aol.com/29c9b4f5-d332-49d3-aba9-f766431ba2d9

Jeff Sessions Dismisses Hawaii as ‘an Island in the Pacific’

Attorney General Jeff Sessions spoke dismissively about the State of Hawaii while criticizing a Federal District Court ruling last month that blocked the Trump administration from carrying out its ban on travel from parts of the Muslim world.

“I really am amazed that a judge sitting on an island in the Pacific can issue an order that stops the president of the United States from what appears to be clearly his statutory and constitutional power,” Mr. Sessions said this week in an interview on “The Mark Levin Show,” a conservative talk radio program.

Mr. Sessions’s description of Hawaii, where the federal judge who issued the order, Derrick K. Watson, has his chambers, drew a rebuke from both of the United States senators who represent the state. Annexed as a territory of the United States in the late 19th century, Hawaii became the 50th state in 1959.

“Hawaii was built on the strength of diversity & immigrant experiences — including my own,” Senator Mazie Hirono, Democrat of Hawaii, wrote on Twitter. “Jeff Sessions’ comments are ignorant & dangerous.”

The other senator from Hawaii, Brian Schatz, who is also a Democrat, expressed similar sentiments, writing on Twitter: “Mr. Attorney General: You voted for that judge. And that island is called Oahu. It’s my home. Have some respect.”

Asked for a response from Mr. Sessions, Ian Prior, a spokesman for the Justice Department, said in an email: “Hawaii is, in fact, an island in the Pacific — a beautiful one where the attorney general’s granddaughter was born. The point, however, is that there is a problem when a flawed opinion by a single judge can block the president’s lawful exercise of authority to keep the entire country safe.”

(The State of Hawaii is a chain of islands, one of which is also called Hawaii; the judge’s chambers, however, are in Honolulu, which is on the island of Oahu.)

Judge Watson, an appointee of former President Barack Obama, was confirmed in 2013 by a 94-to-0 vote; Mr. Sessions, then a United States senator from Alabama, was among those who cast an approving vote. A former federal prosecutor, Judge Watson earned his law degree from Harvard alongside Mr. Obama and Neil M. Gorsuch, the newly seated Supreme Court justice. He is the only judge of native Hawaiian descent on the federal bench.

Last month, Judge Watson issued a nationwide injunction blocking President Trump’s travel ban, ruling that the plaintiffs — the State of Hawaii and Ismail Elshikh, the imam of the Muslim Association of Hawaii — had reasonable grounds to challenge the order as religious discrimination. He cited comments dating to Mr. Trump’s original call, during the 2016 campaign, for a “total and complete shutdown of Muslims entering the United States.”

During the arguments, the government had contended that looking beyond the text of the order to infer religious animus would amount to investigating Mr. Trump’s “veiled psyche,” but Judge Watson wrote in his decision that there was “nothing ‘veiled’” about Mr. Trump’s public remarks. Still, Mr. Sessions reiterated that line of argument in the radio interview, saying he believed that the judge’s reasoning was improper and would be overturned.

“The judges don’t get to psychoanalyze the president to see if the order he issues is lawful,” Mr. Sessions said. “It’s either lawful or it’s not.”

(h/t New York Times)

Media

 

Sean Spicer Gets Confronted in Apple Store, Responds With Racism

White House spokesman Sean Spicer was accosted by an Indian-American woman — who peppered him with questions about committing “treason” and working for a “fascist” like President Trump — as he shopped in an Apple store over the weekend.

The encounter has since gone viral after the woman who filmed it, Shree Chauhan, 33, claimed online that Spicer had made a racist statement to her, saying: “It’s such a great country that allows you to be here.”

“Unlike this administration, I do not believe in ‘alternative facts.’ I believe in facts. I do not believe in accusing someone of this level of racism, when if in fact it was not,” Chauhan wrote Sunday in a lengthy post on Medium.

“So I watched the video over and over again,” she said. “And his words were clear…’Such a great country that allows you to be here.’ That is racism and it is an implied threat.”

Chauhan, who lives in Washington, D.C., filmed the interaction with Spicer on Periscope Saturday night after spotting the White House spokesman in the store. She had been there getting her iPhone fixed and said she ultimately felt the need to “speak truth to power.”

“It is customary to give public figures their space…However, given what Mr. Spicer and his boss are doing to this country, I do not believe they are entitled to these norms and customs,” Chauhan explained.

In the clip, the self-described “eternal optimist” can be heard asking Spicer a series of questions, including “How does it feel to work for a fascist” and “Have you helped with the Russia stuff?”

“We have a great country,” the press secretary replies, while appearing to try to ignore Chauhan.

“Have you committed treason too? Just like the president,” she asks. “What can you tell me about Russia?”

It is after this barrage that Spicer delivers his allegedly “racist” remark, saying: “It’s such a great country that allows you to be here.”

Chauhan wrote on Medium that the response left her disgusted.

“I am still stunned by the boldness of having my citizenship threatened on camera,” she said. “I was not polite. But when does being impolite mean that I should be thrown out of the United States of America? The country I was born in, the country I was raised in, the country I love despite its flaws.”

Speaking to the Daily Mail about the video on Sunday, Chauhan shot down claims that Spicer could have been referring to the First Amendment rights of all Americans to exercise free speech when he made the comment.

“He’s the press secretary for the president of the United States,” she said. “Don’t tell me what he probably meant because he also works for this administration that has done all of these things.”

Chauhan went on to note how Trump has signed executive orders temporarily banning refugees and asylum seekers from predominantly Muslim countries in the Middle East and Africa.

“He could’ve said, ‘Such a great country that allows dissent,’” she told the Mail. “There’s a lot of way that could’ve been said. To have someone who speaks for the president of the United States tell me to my face that I shouldn’t be here and I was born here — that is a real thing.”

Chauhan added that she’s feared for her safety since the day Trump was elected.

“I woke up the day after the election in fear of what would happen to someone like me. And we’ve seen what happened,” she said. “We’ve seen what happened to Indians.”

Earlier this month, a 39-year-old Seattle resident of Sikh heritage was shot by a man who reportedly shouted “go back to your country” just before pulling the trigger.

Weeks before that incident, a pair of Indian engineers were targeted by a Navy veteran who told them the same thing before blasting away at them. One of the men ended up dying and the other was wounded.

“They’re gonna spin it however they want, but there is a palatable fear that people have in this country and it is warranted,” Chauhan said. “On a regular basis, Mr. Spicer consistently defends the actions — and I believe unconstitutional actions — and lies on behalf of this administration.

“Spicer has the protection of the podium when he’s in the press room,” she added. “I didn’t have time to sit there and ask questions I would ask if I was a reporter…Maybe having someone like a regular person ask those questions instead [of reporters] — that might work.”

(h/t New York Post)

Media

AG Sessions Says DOJ to ‘Pull Back’ on Police Department Civil Rights Suits

Donald Trump’s attorney general said Tuesday the Justice Department will limit its use of a tactic employed aggressively under President Obama — suing police departments for violating the civil rights of minorities.

“We need, so far as we can, to help police departments get better, not diminish their effectiveness. And I’m afraid we’ve done some of that,” said Attorney General Jeff Sessions.

“So we’re going to try to pull back on this,” he told a meeting of the nation’s state attorneys general in Washington.

Sessions said such a move would not be “wrong or insensitive to civil rights or human rights.” Instead, he said people in poor and minority communities must feel free from the threat of violent crime, which will require more effective policing with help from the federal government.

While crime rates are half of what they were a few decades ago, recent increases in violent crimes do not appear to be “an aberration, a one-time blip. I’m afraid it represents the beginning of a trend.”

Sessions said he will encourage federal prosecutors to bring charges when crimes are committed using guns. Referring local drug violations that involve the use of a firearm, for example, to federal court can result is often a stiffer sentence than would be imposed by state courts.

“We need to return to the ideas that got us here, the ideas that reduce crime and stay on it. Maybe we got a bit overconfident when we’ve seen the crime rate decline so steadily for so long,” he said.

Under the Obama Administration, the Justice Department opened 25 investigations into police departments and sheriff’s offices and was enforcing 19 agreements at the end of 2016, resolving civil rights lawsuits filed against police departments in Ferguson, Missouri; Baltimore, New Orleans, Cleveland and 15 other cities.

On Monday, Sessions said he is reviewing the Justice Department’s current policy toward enforcing federal law that prohibits possession of marijuana, but has made no decision about whether to get tougher.

His opposition to legalization is well known, and he emphasized it during an informal gathering of reporters . “I don’t think America will be a better place when more people, especially young people, smoke pot.”

States, he said, can pass their own laws on possession as they choose, “but it remains a violation of federal law.”

The current policy, spelled out in a 2013 memo from former deputy attorney general James Cole, said federal prosecutions would focus on distribution to minors, involvement of gangs or organized crime, sales beyond a state border, and growing marijuana plants on federal land.

(h/t NBC News)

Trump’s DOJ Dropping Opposition to Texas’ Racist Voter ID Law

President Trump’s Justice Department is ending the government’s opposition to a controversial voter ID law in Texas, according to a group involved in the case.

Danielle Lang, the Campaign Legal Center’s deputy director of voting rights, told The Associated Press and Talking Points Memo on Monday that the Justice Department informed her group and others suing the state of the government’s change in position.

After six years of legal wrangling, the Justice Department will no longer argue that Texas intentionally sought to discriminate against minorities when it passed the law that mandates voters show certain forms of identification before casting a ballot.

“This signals to voters that they will not be protected under this administration,” Lang told Talking Points Memo.

“We have already had a nine-day trial and presented thousands of pages of documents demonstrating that the picking and choosing of what IDs count was entirely discriminatory and would fall more harshly on minority voters. So for the [Justice Department] to come in and drop those claims just because of a change of administration is outrageous.”

Lang said that despite the federal government’s change of heart, organizations challenging the Texas law will press on.

While a federal appeals court struck down the voter ID law a few months before the 2016 elections on the grounds that it had a discriminatory effect, it sent the question about intent back to the lower courts. The Supreme Court rejected Texas’s appeal earlier this year on the first question.

The Justice Department is expected to lay out its new position during a hearing on Tuesday. Attorney General Jeff Sessions is a supporter of voter identification laws as long as they are “properly drafted” and has voiced skepticism about the Voting Rights Act.

Republicans argue that the limits are unnecessary burdens on a state’s right to make its own laws to protect the ballot box.

(h/t The Hill)

Trump’s Chief Strategist Steve Bannon Suggests Having Too Many Asian Tech CEOs Undermines ‘Civic Society’

President-elect Donald Trump’s chief strategist seems to think there are too many immigrants leading Silicon Valley. Steve Bannon, who previously served as Breitbart News Network’s executive chairman, hinted at some of his views on foreign workers at technology companies in the past. In an interview between Trump and Bannon that took place last year, and that The Washington Post resurfaced yesterday, Bannon alluded to the idea that foreign students should return to their respective countries after attending school in the US, instead of sticking around and working at or starting tech companies.

Trump voiced concern over these students attending Ivy League schools and then going home: “We have to be careful of that, Steve. You know, we have to keep our talented people in this country,” Trump said.

When asked if he agreed, Bannon responded: “When two-thirds or three-quarters of the CEOs in Silicon Valley are from South Asia or from Asia, I think . . . ” he didn’t finish his sentence. “A country is more than an economy. We’re a civic society.”

While Bannon didn’t explicitly say anything against immigrants, he seemed to hint at the idea of a white nationalist identity with the phrase “civic society.” Taken in tandem with the stories Bannon allowed to go up on Breitbart News, including pieces that attacked women, feminists, political correctness, muslims, and trans people, Bannon’s comment wouldn’t come as a surprise.

(h/t The Verge)

Reality

As we explained in our blog about Steve Bannon and his ties to the white supremacist alt-right movement, they whole-hardheartedly believe that other races and cultures are inferior to a white western democracy. Bannon’s comments would absolutely be in line with these unfounded beliefs.

Media

Trump Says Cops Need to Engage in Racial Profiling to Carry Out Counter-Terrorism Duties

Donald Trump on Monday said police officers across U.S. can’t effectively carry out their counter-terrorism duties unless they’re allowed to engage in racial profiling.

“Our local police, they know who a lot of these people are,” Trump said during an interview with “Fox and Friends” after he was asked for his idea on how cops should investigate and respond to terror plots, like the explosion that rocked Chelsea Saturday evening. “They are afraid to do anything about it because they don’t want to be accused of profiling. And they don’t want to be accused of all sorts of things.”

“We don’t want to do any profiling — if somebody looks like he has a massive bomb on his back, we won’t go up to that person and say I’m sorry because if he looks like he comes from that part of the world we’re not allowed to profile,” he added. “Give me a break.”

Trump, throughout his campaign, has pushed for the use of racial profiling — particularly in Muslim communities — as a policing tactic departments should use to combat terrorism, consistently disregarding the fact that such practices have not only been ruled unconstitutional by the U.S. Supreme Court but have been deemed ineffective by multiple studies.

Trump, on Monday, went on to claim that Israeli officials practice profiling and that the U.S. should look to its Middle Eastern ally, which is constantly under attack, as a model.

“You know in Israel, they profile,” Trump said. “They’ve done an unbelievable job — as good as you can do. But Israel has done an unbelievable job. And they’ll profile. They profile. They see somebody that’s suspicious. They will profile. They will take that person in … They will take that person in. They will check it out.”

At a campaign rally in Fort Myers, Fla., later Monday Trump didn’t mention his fondness for profiling, but delved into his proposal to institute “extreme vetting” measures for anyone immigrating to the U.S.

“Immigration security is national security,” Trump said. “And we can’t have vetting if we don’t look at ideology.”

All of his claims were quickly rejected by several civil rights groups and lawmakers, including Democratic nominee Hillary Clinton.

“Let us (be) vigilant but not afraid,” she said. “We’re going after the bad guys and we’re going to get them, but we’re not going to go after an entire religion.”

Gov. Cuomo later warned against the very same idea.

Donald Trump on Monday said police officers across U.S. can’t effectively carry out their counter-terrorism duties unless they’re allowed to engage in racial profiling.

“Our local police, they know who a lot of these people are,” Trump said during an interview with “Fox and Friends” after he was asked for his idea on how cops should investigate and respond to terror plots, like the explosion that rocked Chelsea Saturday evening. “They are afraid to do anything about it because they don’t want to be accused of profiling. And they don’t want to be accused of all sorts of things.”

“We don’t want to do any profiling — if somebody looks like he has a massive bomb on his back, we won’t go up to that person and say I’m sorry because if he looks like he comes from that part of the world we’re not allowed to profile,” he added. “Give me a break.”

Donald Trump brags about breaking Chelsea bombing news

Trump, throughout his campaign, has pushed for the use of racial profiling — particularly in Muslim communities — as a policing tactic departments should use to combat terrorism, consistently disregarding the fact that such practices have not only been ruled unconstitutional by the U.S. Supreme Court but have been deemed ineffective by multiple studies.

Trump, on Monday, went on to claim that Israeli officials practice profiling and that the U.S. should look to its Middle Eastern ally, which is constantly under attack, as a model.

“You know in Israel, they profile,” Trump said. “They’ve done an unbelievable job — as good as you can do. But Israel has done an unbelievable job. And they’ll profile. They profile. They see somebody that’s suspicious. They will profile. They will take that person in … They will take that person in. They will check it out.”

At a campaign rally in Fort Myers, Fla., later Monday Trump didn’t mention his fondness for profiling, but delved into his proposal to institute “extreme vetting” measures for anyone immigrating to the U.S.

Trump’s profile in ignorance

“Immigration security is national security,” Trump said. “And we can’t have vetting if we don’t look at ideology.”

All of his claims were quickly rejected by several civil rights groups and lawmakers, including Democratic nominee Hillary Clinton.

“Let us (be) vigilant but not afraid,” she said. “We’re going after the bad guys and we’re going to get them, but we’re not going to go after an entire religion.”

Gov. Cuomo later warned against the very same idea.

Jimmy Fallon defends questions to Donald Trump on ‘Tonight Show’

“We cannot lose who we are in effort to protect this country. We are a nation of immigrants,” he told MSNBC.

Rep. Jerrold Nadler (D-Manhattan), whose district includes the Chelsea neighborhood that was rocked by the Saturday night blast, compared Trump’s ideas to what the “Gestapo” secret police were tasked with doing in Nazi Germany.

“The idea that police are handcuffed because of PC is ridiculous. You can’t arrest somebody unless you have some reason to suspect them, you can’t bug someone’s home, unless you get a warrant,” he told the Daily News. “The idea of going to a situation like police states in Europe or China … I don’t think you want to go there. We want to be safe and keep our liberties.”

“We don’t want to become a police state, we don’t want our police to be like the Gestapo, and we’re doing a great job of keeping people safe while protecting our liberties,” he added.

“Israel isn’t a police state either, they have rules about warrants and bugging people without reason,” Nadler said.

The New York Civil Liberties Union said Trump was “talking out of both sides of his mouth” and suggested he didn’t even know how to correctly refer to various police tactics.

“Suspicion based policing is the opposite of racial profiling, which is unconstitutional. Based on the latest reports, it was suspicion based policing, not randomly rounding up thousands of innocent people who happen to be Muslim, that resulted in the arrest of the suspect in the Chelsea bombing,” NYCLU Executive Director Donna Lieberman said.

In fact, since the NYPD disbanded a controversial unit that had been dedicated to surveilling the Muslim communities in April 2014, the department has thwarted at least 20 terrorist attacks.

The Demographics Unit, which was created in 2003 and later renamed the Zone Assessment Unit following uproar over disclosure of its activities, was closed in April of that year after it was revealed that the unit had overseen infiltrating Muslim communities, eavesdropping on conversations and had built detailed files on people’s eating, praying and shopping habits.

And on Sunday, shortly before being sworn in as the new NYPD commissioner, James O’Neill maintained that his department had nevertheless “over the last two years … foiled 20 plots in New York City.”

“That was done by a very professional highly trained law enforcement agencies,” he said.

Despite that fact, Rep. Pete King (R-L.I.), the chairman of the House Committee on Homeland Security, suggested Trump’s calls should be heeded and repeated his own suggestion that U.S. law enforcement must target the Muslim community with extra surveillance.

“There should be much more surveillance of mosques,” King told The News. “It’s political correctness that we don’t do it.”

King declined to address Trump comments directly but called the actions of the disbanded NYPD Demographics unit “the way it should be done.”

“What the NYPD did for years for years was the right thing to do,” he said.

“President Obama and Hillary Clinton, when they say we need more outreach to the Muslim community, that’s a politically correct statement. There’s no harassment at all towards the Muslim community that’s all just propaganda,” King added. “As a general policy we should be surveilling the Muslim community, absolutely. That’s where the threat is coming from, and it’s totally constitutional.”

“The same thing was done in the Italian and Irish communities,” he said, referring to targeted policing of the Westies Gang and Italian mafia in the 1970s, 1980s and 1990s.

(h/t New York Daily News)

Reality

Donald Trump is putting forth a proposal that would be a clear violation the 1st, 4th, and 14th amendments to the United States Constitution, as well as existing laws.

Racial profiling is the practice of targeting individuals for police or security detention based on their race or ethnicity in the belief that certain minority groups are more likely to engage in unlawful behavior.

Racial profiling is patently illegal, violating the U.S. Constitution’s core promises of equal protection under the law to all and freedom from unreasonable searches and seizures. Just as importantly, racial profiling is ineffective. It alienates communities from law enforcement, hinders community policing efforts, and causes law enforcement to lose credibility and trust among the people they are sworn to protect and serve.

Science has also proven, across multiple peer-reviewed studies, that racial profiling is no more effective than a random screening.

However, should America decide to go trough with a President Trump’s suggestion, we should be racially profiling white Christian males because you are more than 7 times as likely to be killed by a right-wing extremist than by Muslim terrorists.

UNC Professor Charles Kurzman and Duke Professor David Schanzer explained last June in the New York Times, Islam-inspired terror attacks “accounted for 50 fatalities over the past 13 and a half years.” Meanwhile, “right-wing extremists averaged 337 attacks per year in the decade after 9/11, causing a total of 254 fatalities.”

Media

http://youtu.be/GVFebjbs4jA

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