Category: Racist: Jewish

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.”

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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]

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Sean Spicer Causes Uproar With Hitler Gaffe

White House Press Secretary Sean Spicer came under fire Tuesday after saying that Adolf Hitler “didn’t even sink to using chemical weapons” against his own people like Syrian strong man Bashar Al-Assad.

He later sought to clarify his remarks in three separate statements.

Spicer, speaking from the White House podium at the daily press briefing, said that Hitler, whom he called “despicable,” did not use “the gas on his own people the same way Assad used them.”

The outrage on social media was swift, with reporters and public figures blasting Spicer’s comments — and saying they were particularly offensive coming during the Jewish holiday of Passover.

The Anne Frank Center for Mutual Respect called on President Donald Trump to can Spicer.

“Sean Spicer now lacks the integrity to serve as White House press secretary, and President Trump must fire him at once,” Steven Goldstein, the organization’s executive director, said in a statement.

The U.S. Holocaust Memorial Museum used Spicer’s gaffe as a moment to remind of the horrors of the Holocaust.

At the briefing, Spicer pointed out that Assad dropped chemical weapons in the “middle of towns.”

U.S. officials said the Assad regime used Sarin in strikes on the Syrian people in a deadly attack last week that prompted U.S. military strikes in retaliation.

Nazis murdered Jews in gas chambers during the Holocaust by the millions with the use of chemical gas agents like Zyklon B.

Spicer acknowledged that Hitler did bring gas “into the Holocaust centers…I understand that.”

He later sought to clarify his remarks in multiple statements and said he was not trying to diminish the Holocaust.

“In no way was I trying to lessen the horrendous nature of the Holocaust,” Spicer said in his third attempt at clarification. “I was trying to draw a distinction of the tactic of using airplanes to drop chemical weapons on population centers. Any attack on innocent people is reprehensible and inexcusable.”

(h/t NBC News)

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Trump Suggests Jewish Center Threats Are ‘To Make People Look Bad’

President Trump reportedly told state attorneys general that bomb threats to Jewish community centers and other anti-Semitic attacks may be coming from the “reverse.”

In interviews with Buzzfeed and Billy Penn, Pennsylvania Attorney General Josh Shapiro said that the president told the officials on Tuesday that the threats could be “to make people … look bad.”

Shapiro, a Democrat, noted that Trump denounced the threats in general, calling them “reprehensible.”

“Hopefully, he’ll clarify a bit more about what he means about the reverse possibly being true,” Shapiro said, according to Philly.com.

Shapiro later said in a statement that he didn’t know what the president meant by the “reverse” statement.

“But I am grateful that the president took the time to meet with the attorney generals and was willing to take questions from us,” he said. “I asked my question because we need a strong commitment that the U.S. Department of Justice will work with the states to help find and prosecute the individuals responsible for these acts of hate.”

More than 100 Jewish sites have received threats this year. On Monday alone, there were bomb threats to 23 community centers and eight Jewish day schools, according to the JCC Association of North America.

Earlier on Tuesday, Trump adviser Anthony Scaramucci, tweeted, “It’s not yet clear who the #JCC offenders are.” He then pointed to a Breitbart News story from 2016 that claimed Democrats were inciting violence at Trump campaign rallies.

The Democratic National Committee said in a statement that the president questioning the threats was “beyond the pale.”

The president is expected to address anti-Semitism during his joint address to Congress on Tuesday night, CNN reported.

(h/t USA Today)

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 Adviser Links Democrats to Jewish Center Bomb Threats

A senior adviser to President Trump linked the latest wave of threats against Jewish community centers to Democrat in a Tuesday tweet.

Anthony Scaramucci tweeted it is “not yet clear” who is responsible for the threats, noting that some Democrats reportedly incited violence during Trump rallies.

“It’s not yet clear who the #JCC offenders are. Don’t forget @TheDemocrats effort to incite violence at Trump rallies,” he tweeted while linking to an article from right-leaning Breitbart News about a Project Veritas investigation of “trained provocateurs” at Republican events.

In a second tweet, he defended himself after a Bloomberg reporter retweeted his message and added: “A key Trump adviser suggests Dems are behind the JCC threats.”

On Monday, yet another wave of bomb threats was reported at numerous Jewish schools and community centers around the country.

According to NBC News, locations in New York, Indiana and Pennsylvania were targeted by the perpetrators.

Washingtonian reported that schools in Virginia and Maryland also received bomb threats that same day.

President Trump last week condemned the recent rise of anti-Semitic incidents around the country, demanding, “It has to stop.”

“Anti-Semitism is horrible and it’s going to stop and it has to stop,” Trump said in an interview with MSNBC following his visit to the National Museum of African American History and Culture.

(h/t The Hill)

Attorney General Jeff Sessions Praised 1920s Law That Kept Jews Out

Attorney General Jeff Sessions once praised laws that kept Jewish refugees from entering the United States as “good for America,” a contention that attests to the ex-Alabama senator’s nativist convictions.

Sessions was referring in his remarks, first made two years ago on Steve Bannon’s Breitbart News radio program, to the National Origins Act, which established minuscule quotas for immigrants coming to the country from Eastern and Southern Europe and other “non-white” areas of the world.

Passed in 1924, that regime stayed in force until 1965, when President Lyndon Johnson helped open up the United States to a greater volume of more diverse immigrants. The National Origins Act has fallen into historical disrepute for its discriminatory character, and because it was implicated in the exclusion of those fleeing the Holocaust.

On the same show, Sessions bemoaned that America was now in a period of “radical change” when it came immigration, a sentiment to which Bannon agreed. Around the same time, the then-senator introduced a bill that would limit legal immigration. It was voted down almost unanimously in committee.

But two years ago makes a difference, with Sessions, Bannon and protege Stephen Miller pushing hostile new rules on the undocumented and Muslims. And this might be just the start.

(h/t Forward)

Trump Budget May Cut State Department Anti-Semitism Positions

President Trump’s first budget may eliminate special envoy positions at the State Department for combating anti-Semitism, according to a new report.

Trump’s plan may also cut the agency’s diplomatic staff dedicated to addressing climate change and conducting outreach to Muslim communities, Bloomberg said Monday.

Bloomberg said it confirmed the possibility with people familiar with the Trump administration’s plans for State.

Trump is also expected to eliminate one of the agency’s deputy secretary positions and reassign the staff elsewhere, it said.

The role in question oversees State’s management and resources, Bloomberg added, and the agency’s foreign aid is under similar scrutiny for potential cuts.

The administration announced earlier Monday that it is proposing a budget to increase defense spending by $54 billion by reducing spending elsewhere.

Reports emerged the same day Trump is expected to demand major reductions at State and the Environmental Protection Agency (EPA) to fund his defense spending boost.

Trump is reportedly seeking major cuts to the EPA’s climate change programs and foreign aid through State.

Office of Management and Budget officials have not specified where the overall reductions would occur, but reports have said State’s budget could be slashed by up to 30 percent.

The EPA’s reductions are less severe, with as much as 24 percent of its budget possibly getting trimmed.

More than 120 retired generals and admirals urged Congress Monday not to slash funding for State’s diplomacy and foreign aid.

“The State Department, USAID, Millennium Challenge Corporation, Peace Corps and other development agencies are critical to preventing conflict and reducing the need to put our men and women in uniform in harm’s way,” they wrote.

“We urge you to ensure that resources for the international affairs budget keep pace with the growing global threats and opportunities we face. Now is not the time for retreat.”

Monday’s letter included such notable signatories as former CIA director and retired Gen. David Petraeus and former National Security Agency head and retired Gen. Keith Alexander.

Trump has reportedly instructed his Cabinet and administration officials to prepare budget requests for a first outline, expected March 13.

(h/t The Hill)

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)

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