Trump – Once Again – Fails to Condemn White Supremacists

President Donald Trump, a man known for his bluntness, was anything but on Saturday, failing to name the white supremacists or alt-right groups at the center of violent protests in Charlottesville, Virginia.

Instead, the man whose vicious attacks against Hillary Clinton, John McCain, federal judges, fellow Republican leaders and journalists helped define him both in and out of the White House simply blamed “many sides.”

Trump stepped to the podium at his New Jersey golf resort and read a statement on the clashes, pinning the “egregious display of hatred, bigotry and violence on many sides. “It has been going on for a long time in our country — not Donald Trump, not Barack Obama,” he said. “It has been going on for a long, long time. It has no place in America.”

Fellow Republicans slammed Trump’s lack of directness and attempt to inject moral equivalence into the situation of chaos and terror.

“We should call evil by its name,” tweeted Utah Sen. Orrin Hatch, the most senior Republican in the Senate. “My brother didn’t give his life fighting Hitler for Nazi ideas to go unchallenged here at home.”

“Very important for the nation to hear @POTUS describe events in #Charlottesville for what they are, a terror attack by #whitesupremacists,” tweeted Sen. Marco Rubio, a competitor for the 2016 GOP presidential nomination.

“Mr. President – we must call evil by its name. These were white supremacists and this was domestic terrorism,” tweeted Sen. Cory Gardner, a Colorado Republican.

Scott Jennings, a former special assistant to President George W. Bush, said Trump’s speech was not his “best effort,” and faulted the President for “failure to acknowledge the racism, failure to acknowledge the white supremacy, failure to acknowledge the people who are marching around with Nazi flags on American soil.”

In his decades of public life, Trump has never been one to hold back his thoughts, and that has continued in the White House, where in his seven months as President it has become clear that he views conflicts as primarily black-and-white.

Trump’s Twitter account has become synonymous for blunt burns, regularly using someone’s name when he feels they slighted him or let him down. Trump, in just the last week, has used his Twitter account to call out Senate Majority Leader Mitch McConnell by name, charge Democratic Sen. Richard Blumenthal with crying “like a baby” and needle media outlets by name.

His campaign was defined by his direct attacks. He pointedly attacked Khizr Khan, the father of a Muslim U.S. soldier killed in Iraq in 2004, for his speech at the Democratic National Committee that challenged his understanding of the Constitution, suggested federal Judge Gonzalo P. Curiel was unable to be impartial because of his Mexican heritage and said in a CNN interview that Fox News’ Megyn Kelly had “blood coming out of her wherever” after she questioned him at a debate.

Even before Trump was a presidential candidate, he was driven by a guiding principle imparted on him by Roy Cohn, his lawyer-turned-mentor: “If they screw you, screw them back 10 times as hard.”

“What happens is they hit me and I hit them back harder,” he told Fox News in 2016. “That’s what we want to lead the country.”

Criticized others for not quickly calling attacks ‘terrorism’

On Saturday at his Bedminster resort, Trump’s bluntness gave way to vagueness as he failed to mention the impetus behind the violence that left at least one person dead in the streets of Charlottesville.

In doing so, Trump left it to anonymous White House officials to explain his remarks, leaving the door open to questions about his sincerity and why he won’t talk about the racists at the heart of the protests.

“The President was condemning hatred, bigotry and violence from all sources and all sides,” a White House official said. “There was violence between protesters and counter protesters today.”

By being equivocal, Trump also failed to follow the same self-proclaimed rules he used to hammer other politicians.

Trump constantly slammed Obama and Clinton during his run for the presidency for failing to label terrorist attacks as such. He called out the two Democrats for failing to use the term “radical Islamic terrorism.”

“These are radical Islamic terrorists and she won’t even mention the word, and nor will President Obama,” Trump said during an October 9 presidential debate. “Now, to solve a problem, you have to be able to state what the problem is or at least say the name.”
Trump declined to do just that on Saturday, as video of white nationalists flooded TV screens across the country hours after a smaller group marched through Charlottesville at night holding tiki torches and chanted, “You will not replace us.”

Instead, Trump called for “a swift restoration of law and order” and said the federal government was “ready, willing and able” to provide “whatever other assistance is needed.” He saluted law enforcement for their response and said he spoke with Virginia Gov. Terry McAuliffe, a Democrat, about the attack.

But the businessman-turned-president also touted his own economic achievements during his brief speech, mentioning employment numbers and recent companies that decided to relocate to the United States.

“We have so many incredible things happening in our country, so when I watch Charlottesville, to me it is very, very sad,” he said.

White nationalists tie themselves to Trump

The reality for Trump is that his presidency helped white nationalists gain national attention, with groups drafting off his insurgent candidacy by tying themselves to the President and everything he stood for.

After the election, in a November 2016 interview with The New York Times, Trump disavowed the movement and said he did not intend to energize the alt-right.

“I don’t want to energize the group, and I disavow the group,” Trump told a group of Times reporters and columnists during a meeting at the newspaper’s headquarters in New York.

He added: “It’s not a group I want to energize, and if they are energized, I want to look into it and find out why.”

But men like David Duke, possibly the most famous white nationalist, directly tied Saturday’s protests to Trump.

“We are determined to take this country back. We’re gonna fulfill the promises of Donald Trump,” Duke said in an interview with The Indianapolis Star on Saturday in Charlottesville. “That’s why we voted for Donald Trump because he said he’s going to take our country back.”

When Trump tweeted earlier on Saturday that everyone “must be united & condemn all that hate stands for,” Duke grew angry, feeling that the man who help bring white nationalist to this point was slamming them. He urged Trump — via Twitter — to “take a good look in the mirror & remember it was White Americans who put you in the presidency, not radical leftists.”

Though earlier in the day Trump billed Saturday’s event as a press conference, the President declined to respond to shouted question that would have allowed him to directly take on white nationalists.

“Mr. President, do you want the support of these white nationalist groups who say they support you, Mr. President? Have you denounced them strongly enough,” one reporter shouted.

“A car plowing into people, would you call that terrorism sir?” another asked.
Trump walked out of the room.

[CNN]

White House Adviser Says People Should Stop Criticizing White Supremacists So Much

No one is quite sure what Sebastian Gorka, officially a deputy assistant to President Trump, actually does at the White House. This hasn’t stopped him, however, from being a near constant presence in the media.

Wednesday, Gorka appeared on Breitbart News Daily, the radio show of his former employer. Gorka responded to criticism stemming from a previous media appearance on MSNBC where he said “[t]here’s no such thing as a lone wolf” attack. The concept, according to Gorka, was “invented by the last administration to make Americans stupid.”

The idea of a “lone wolf attack,” Gorka says, is a ruse to point blame away from al Qaeda and ISIS when “[t]here has never been a serious attack or a serious plot that was unconnected from ISIS or al Qaeda.” Critics were quick to point to the example of Timothy McVeigh, who was not connected to ISIS or al Qaeda and killed 168 people when he bombed a federal building in Oklahoma City in 1995.

On Wednesday, Gorka lashed out at “at [New York Times reporter] Maggie Haberman and her acolytes in the fake news media, who immediately have a conniption fit” and brought up McVeigh. He added that “white men” and “white supremacists” are not “the problem.”

It’s this constant, “Oh, it’s the white man. It’s the white supremacists. That’s the problem.” No, it isn’t, Maggie Haberman. Go to Sinjar. Go to the Middle East, and tell me what the real problem is today. Go to Manchester.

Gorka noted that the Oklahoma City bombing was 22 years ago, which is true. But since 9/11, right-wing extremists — almost always white men and frequently white supremacists — have been far more deadly domestically than Muslim extremists. A study found that in the first 13.5 years after 9/11, Muslim extremists were responsible for 50 deaths in the United States. Meanwhile, “right-wing extremists averaged 337 attacks per year in the decade after 9/11, causing a total of 254 fatalities.”

You can listen to the entire interview below. The specific discussion of white supremacists starts at 8:39:

[ThinkProgress]

Trump to Australian PM: ‘You Are Worse Than I Am’

An explosive transcript has been released of the infamous phone exchange between Prime Minister Malcolm Turnbull and U.S. President Donald Trump from the beginning of 2017 when Trump took office.

The January 28 conversation between the two leaders had sent the Australian public and media into a frenzy over the hostility Trump reportedly showed towards Turnbull over the refugee “swap” deal made between the Australian government and Obama administration, where the U.S. would take refugees from Manus Island and Nauru in exchange for refugees from Central America.

Despite widespread reporting of the tense conversation, both Trump and Turnbull denied their first exchange since Trump’s appointment had been anything but “good” and “great”.

While Trump, in predictable fashion, accused media outlets that reported on the tense exchange as “fake news” — both on Twitter and again when Turnbull and Trump met for the first time in New York in May.

But in documents obtained by the Washington Post from White House staff late on Thursday night (AEST), the exchange is revealed as heated, with the U.S. President blasting Turnbull with apparent little regard for the U.S. and Australia’s long-standing relationship as allies.

You can read the full transcript as published by the Washington Post here.

“I think it is a horrible deal, a disgusting deal that I would have never made,” Trump said. “As far as I am concerned, that is enough, Malcolm. I have had it.”

“I hate taking these people,” Trump said. “I guarantee you they are bad. That is why they are in prison right now. They are not going to be wonderful people who go on to work for the local milk people”.

Turnbull argued that the refugees were not “bad people” but economic refugees whom Australia could not allow to settle because it would encourage people smugglers.

“We said if you try to come to Australia by boat, even if we think you are the best person in the world, even if you are a Noble Prize winning genius, we will not let you in,” Turnbull told Trump.

The Australian PM is also recorded persuading the President by offering to take in “anyone that you want” in exchange for the 1,250 refugees.

“We will take anyone that you want us to take. The only people that we do not take are people who come by boat,” he says.

Trump did however appear to commend Turnbull on his government’s offshore processing of refugees, telling the Prime Minister it “is a good idea, we should do that too”.

That was followed by Trump telling Turnbull “you are worse than I am” in relation to refugees, which the Washington Post understood to be a compliment.

Trump told Turnbull the deal “would kill” him after so much of his campaign had relied heavily on closing borders and the infamous Muslim ban.

“I am the world’s greatest person that does not want to let people into the country,” he said.

The leaked transcripts also shed light for the first time on the number of refugee detainees the Turnbull government and Obama administration has agreed upon. Turnbull told Trump that the “number in the agreement is 1,250”, before adding, “and it is entirely a matter of your vetting”.

Trump further blew up over the deal he called “dumb” and “stupid”, telling the Prime Minister it would show him to be “a dope”.

As the phone call wound towards its conclusion, the President further raged against the deal, telling Turnbull: “I have been making these calls all day and this is the most unpleasant call all day. Putin was a pleasant call. This is ridiculous.”

[Huffington Post]

Donald Trump Goes All In On Slashing Legal Immigration

President Donald Trump threw himself behind a bill on Wednesday that would make it dramatically more difficult for people to come to the U.S. legally, in spite of his past claims that he did not want to cut the number of people allowed into the country.

Trump held an event at the White House with Sens. Tom Cotton (R-Ark.) and David Perdue (R-Ga.) to boost the latest iteration of their bill to slash the ways foreign nationals can move to the United States.

The bill from Cotton and Perdue, known as the RAISE Act, would end the practice of prioritizing green cards for adult children and extended family of people already in the U.S., discontinue an immigration lottery program and limit the number of refugees to be accepted into the U.S. to only 50,000.

The president said the bill would be “the most significant reform to our immigration system in half a century” and would “reduce poverty, increase wages and save taxpayers billions and billions of dollars.”

He also claimed the current green card system provides a “fast-track to citizenship” ― although in truth, having a green card is the standard path to citizenship.

The bill would favor applicants “who can speak English, financially support themselves and their families, and demonstrate skills that will contribute to our economy,” Trump said.

The president said the legislation would require immigrants to be more self-sufficient and prevent them from collecting safety net benefits. “They’re not gonna come in and just immediately collect welfare,” he said.

Current law already bars anyone who might become a “public charge” from receiving a green card, and prevents lawful permanent residents from receiving most safety net benefits for five years. But immigration hawks have long complained of loopholes in those restrictions. For instance, food stamps and Medicaid ― two of the country’s biggest safety net programs ― are exempt from the public charge criteria.

The idea, according to the president and senators, is to move toward a “merit-based” immigration plan, along the lines of the systems in Canada and Australia. But this legislation wouldn’t simply change the makeup of who can come into the country ― it would dramatically reduce the number of immigrants admitted overall, the bill’s proponents say.

“This legislation will not only restore our competitive edge in the 21st century, but it will restore the sacred bonds of trust between America and its citizens,” Trump said. “This legislation demonstrates our compassion for struggling American families who deserve an immigration system that puts their needs first and that puts America first.”

Most economists say that immigration is actually beneficial to the economy and that curtailing legal immigration would slow growth. And Canada and Australia both admit legal immigrants at a far higher rate relative to their total populations than the U.S. does, including on the basis of family ties.

Trump also claimed that the current immigration “has not been fair to our people,” including immigrants and minority workers whose jobs, he said, are taken by “brand new arrivals.”

In fact, the bill could disproportionately affect nonwhite Americans, who are more likely to be recent immigrants and still have relatives living abroad, by making the already difficult process of bringing their families to the U.S. next to impossible.

Cotton previously said the bill would help prevent people from immigrating to the U.S. and then bringing over their “village” or “tribe.”

Trump told The Economist in May that he was not looking to reduce the number of legal immigrants. “We want people coming in legally,” he said at the time.

Immigration reform groups and even one Republican senator immediately panned the bill. Sen. Lindsey Graham (R-S.C.), who pushed for a broad immigration reform bill in 2013, said in a statement that he supports merit-based immigration but believes cutting legal immigration would hurt the economy.

“I fear this proposal will not only hurt our agriculture, tourism and service economy in South Carolina, it incentivizes more illegal immigration as positions go unfilled,” he said. “After dealing with this issue for more than a decade, I know that when you restrict legal labor to employers it incentivizes cheating.”

[Huffington Post]

Trump: Many Immigrants are ‘Animals’ Who ‘Slice and Dice Young, Beautiful Girls’

Donald Trump marked Tuesday with another campaign-style rally in Ohio, using his platform to grab praise from his supporters and return to the glory of his campaign. There were plenty of pro-Trump folks in attendance, with some anti-Trump protestors tossed into the mix, giving the entire event a nostalgic 2016 feel that’s bolstered by Trump once again taking aim at illegal immigrants.

Trump hasn’t resorted to this type of language in a while, but Tuesday night’s rally touted ICE raids that were “doing it rough” and not “in a politically correct fashion,” while referring to those being deported as violent gang members and “animals.” While data has shown that immigrants are less likely to commit crimes according to The New York Times and ICE Raids aren’t always targeting the worst of the worst, Trump’s comments would have you believe that they’re going block by block as they “liberate” cities from violent foreigners:

One by one, we are finding the illegal gang members, drug dealers, thieves, robbers, criminals, and killers. And we are sending them the hell back home where they came from. [applause]

And once they are gone, we will never let them back in, believe me. [applause]

The predators and criminal aliens who poison our communities with drugs and prey on innocent young people — these beautiful, beautiful, innocent young people — will find no safe haven anywhere in our country. [applause]

And you’ve seen the stories about some of these animals. They don’t want to use guns, because it’s too fast and it’s not painful enough. So they’ll take a young, beautiful girl, 16, 15, and others, and they slice them and dice them with a knife, because they want them to go through excruciating pain before they die. And these are the animals that we’ve been protecting for so long. Well, they’re not being protected any longer, folks.

There’s nobody to question this comments at the rally, sites like Shareblue point out that Trump’s rant was less about actually dealing with violent criminals and more about “building up the anger and suspicion” with his supporters. He’s campaigning six months into his presidency and shows no signs of stopping. He’s even gone back to saying he’s more presidential than any president before — setting aside an exception for Lincoln.

Being presidential clearly includes telling a crowd of Boy Scouts about your friend’s sex yacht. This is Trump’s America now.

[Uproxx]

Media

https://www.youtube.com/watch?v=ZiuiPDqvkh8

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]

Trump OMB Nominee Uncovered as Anti-Muslim

The American Civil Liberties Union on Wednesday raised alarms about Russell Vought, President Trump’s nominee for deputy director of the Office of Management and Budget (OMB).

Ahead of a Senate Budget Committee hearing on his nomination, the ACLU pointed to Vought’s inflammatory comments about Muslims in a 2016 religious post.

“Muslims do not simply have a deficient theology. They do not know God because they have rejected Jesus Christ his Son, and they stand condemned,” Vought wrote.

Manar Waheed, ACLU legislative and advocacy counsel, said Vought’s nomination to the position was “disturbing” in its implications for religious freedom.

“It is vitally important that Americans have confidence that their public servants will serve our entire nation in good faith,” he said.

“We will watch Vought closely and press to ensure that those helping decide how public money is spent and the government is managed understand the vital importance of nondiscrimination,” he added.

OMB pushed back on the ACLU’s characterization of Vought’s comments, saying they were merely an internal theological discussion at his alma mater, which is a Christian school

“Russ Vought is here to serve the President and to help Mick Mulvaney advance this Administration’s priorities. If he is to be confirmed by the Senate, there is no doubt that he would afford all people with dignity and respect,” said OMB spokesman John Czwartacki.

[The Hill]

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 Administration Cites Segregation-Era Ruling To Defend Its Travel Ban

In a brief defending its ban on citizens from six Muslim-majority countries, President Donald Trump’s Justice Department approvingly cited a segregation-era Supreme Court decision that allowed Jackson, Mississippi, to close public pools rather than integrate them.

In the early 1960s, courts ordered Jackson to desegregate its public parks, which included five swimming pools. Instead, the city decided to close the pools. Black residents of Jackson sued. But in 1971, the Supreme Court, in a 5-4 decision, decided that closing the pools rather than integrating them was just fine.

The dissents, even at the time, were furious. “May a State in order to avoid integration of the races abolish all of its public schools?” Justice William O. Douglas asked in his dissent.

“I had thought official policies forbidding or discouraging joint use of public facilities by Negroes and whites were at war with the Equal Protection Clause” of the Fourteenth Amendment, Justice Byron White wrote in another dissent. “Our cases make it unquestionably clear, as all of us agree, that a city or State may not enforce such a policy by maintaining officially separate facilities for the two races. It is also my view, but apparently not that of the majority, that a State may not have an official stance against desegregating public facilities and implement it by closing those facilities in response to a desegregation order.”

The ruling in Palmer v. Thompson didn’t explicitly uphold segregation. But it did call for courts to avoid investigating the constitutionality of officials’ motivations.

It is difficult or impossible for any court to determine the ‘sole’ or ‘dominant’ motivation behind the choices of a group of legislators,” the majority opinion said. “Furthermore, there is an element of futility in a judicial attempt to invalidate a law because of the bad motives of its supporters.”

The Trump administration emphasizes this in its citation of the case, arguing that looking into “governmental purpose outside the operative terms of governmental action and official pronouncements” is “fraught with practical ‘pitfalls’ and ‘hazards’ that would make courts’ task ‘extremely difficult.’”

But in some cases, such as the closure of the Jackson pools, officials’ motivations are clear, said Paul Brest, the director of Stanford University’s Law and Policy Lab.

“When it is absolutely clear that an official acted for unconstitutional purposes … [the courts] should be willing to strike down that decision because, even though the decision might have been reached legitimately, a public official violates the constitution when he or she acts for unconstitutional reasons,” Brest said. “It’s as simple as that. … Race discrimination is the best example of where courts are quite willing to take people’s motivations into account — or religious discrimination.”

Palmer is one of the worst Supreme Court decisions ever handed down in regards to race, said Michele Goodwin, the chancellor’s professor of law at the University of California, Irvine.

“Citing Palmer is like citing Buck v. Bell for a premise of equal protection,” Goodwin says. (Buck v. Bell legalized eugenics.) She added that a case like Palmer also doesn’t hold up over time.

“[Palmer] doesn’t represent our view of how law, how people, how society [and] how equality has evolved in the United States,” she said. “To cite a case that, in and of itself, coheres ideas about inequality and explicit racism in spaces where racism could mean the end of someone’s life, then one would really have to question why a president would cite such a case — given how much it’s been refuted.”

John Paul Schnapper-Casteras, a special counsel at the NAACP Legal Defense Fund, wrote in a Sunday blog post that it’s “stunning” to see the Department of Justice approvingly cite a case that “at best allowed pretextual measures for avoiding racial integration ― and, more realistically, facilitated segregation by turning a blind eye to what was clearly going on in the City of Jackson.”

Justice Department lawyers know exactly what they’re doing ― citing different doctrines in an attempt to thwart any reason to examine what Trump on the campaign trail “said, very unambiguously, was to ban Muslims from coming into the country,” he told HuffPost.

“This is less about national security and more about them trying to find any way to insulate the motivation behind this order. Sometimes they invoke national security cases,” Schnapper-Casteras said. “In this case, they invoked a case about segregation.”

A Justice Department spokesman declined to comment.

(h/t Huffington Post)

Two Members of Alt-Right Accused of Making White Supremacist Hand Signs in White House After Receiving Press Passes

Two conservative journalists have sparked outcry on social media by making what some have interpreted as a white supremacist hand symbol at a recent visit to the White House.

Freelance journalist Mike Cernovich and Cassandra Fairbanks, a reporter for Russian news outlet Sputnik, posed for a picture behind the podium in the White House briefing room. In the photo, they are making a hand sign that can be used to signify “white power.”

“Just two people doing a white power hand gesture in the White House,” Fusion senior reporter Emma Roller tweeted, alongside a screenshot of the picture.

Ms Fairbanks, however, claims the hand gesture was not a reference to the white power movement. She pointed to her partial Puerto Rican heritage as evidence that she is not a white supremacist.

“White power!!!!!!! Except I’m Puerto Rican. Can it be PR power?!” she tweeted.

Ms Fairbanks’ supporters point out that the hand symbol is also used to mean “OK.” Photos show people of all races using the symbol to signify that everything is “alright.”

The symbol, however, has become more contentious with the rise of the alt-right – a far-right contingent in the United States that rejects both mainstream conservatism and liberal ideologies. The self-proclaimed founder of the alt-right, Richard Spencer, is a well-known white supremacist.

Alt-right journalist Lucian Wintrich, a writer for The Gateway Pundit, sparked outcry when he flashed the symbol in a similar picture at the White House in February. Notorious alt-right personality Milo Yiannopoulos also frequently flashes the symbol.

The resurgence of the symbol may be traced back to a popular alt-right meme, known as “smug Pepe,” which began circulating on alt-right, pro-Trump message boards in 2015. Mr Trump often uses the symbol when speaking, explaining its significance with the president’s supporters.

The Anti-Defamation League (ADL) characterises the symbol as a “racist hand sign.”

“Some white supremacists, particularly in California, may use a two-handed hand sign in which one hand forms the letter ‘W’ and the other hand forms the letter ‘P,’ to represent WP or ‘White Power,’” an entry in the ADL’s hate symbols database reads.

Ms Fairbanks joined notoriety when she moved from supporting Senator Bernie Sanders to supporting Mr Trump for president. She now frequently speaks out against Islamic terrorism and the Black Lives Matter movement. Her employer, Sputnik, applied for White House press credentials last month.

Mr Cernovich is the founder of the men’s rights blog Danger & Play, and author of the book “MAGA Mindset: Making YOU and America Great Again.” He received White House press credentials on 25 April.

(h/t The Independent)

Reality

Ms. Fairbanks claim that she is Puerto Rican therefor the alt-right signal can’t be a white power symbol, but the alt-right is a white power movement.

 

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