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If you think that one will stop the other, you are not paying attention. (Photo by Jim Lo Scalzo – Pool / Getty Images)
Our Thanksgiving weekends have been interrupted by the fact that America is now a rogue state that commits crimes against humanity. Some shouted, "That's not what we are" (note: this is exactly who we are). Trump's forces have been deployed to defend or downplay the actions of the administration: a Fox News commentator said that a pepper spray could attack your "nachos", so it was not serious, and no, I do not invent it because I am not a sociopath sick with the evil creativity to invent such an analogy. But most people think that the gassing of unarmed refugees on the southern border is just another example of Donald Trump's deep racism and antipathy toward non-white immigrants.
This reading is not wrong. And I'm never one to downplay the racism and sectarianism that caused Donald Trump and keep him in power. But this devilish act does not only target the brown people, Trump and his followers believe that extermination is acceptable. Cans of gas launched against real babies were indirectly lobbed in US courts and the rule of law.
I am going to explain.
Most of you have noticed that Chief Justice John Roberts "scolded" President Trump last week. I did not really care about that, because the words of a judge who ruled that people could be banned because of their religion did not really matter to me. But mainstream media has talked a lot about what Roberts said. This is from CNN:
"We have no Obama judges, no Trump judges, neither Bush nor Clinton judges," Roberts said in a statement in response to comments made earlier in the week by Trump, criticizing the court's appeal. 9th American circuit. "What we have, is an extraordinary group of dedicated judges who do their best to make an equal right to those who appear before them. This independent justice is something for which we should all be grateful. "
(Where was your "reprimand" when the Senate even refused to meet a Supreme Court candidate, precisely because this candidate was an "Obama" judge? You sat in your high tower and said NOTHING for a year while the institution you claim you care about was reduced to a mere exercise of gross partisan power. The Court has done nothing but decline as an independent institution under your authority and now you will be happy to vote with a guy whose seat was stolen for him and another who has repeatedly lied under oath and declared a partisan war declared during his confirmation hearing, quotes the president Bartlet: "Your indignation would be more interesting to me if it was not covered in shit.)
In any event, Donald Trump complained to the "Obama judges" on the ninth circuit, Roberts retorted, Trump retorted, and the media reported breathlessly of the squabble of the day. lover between two men ready to use the law to discriminate non-whites. .
What has been said is why Trump was angry at the ninth circuit in the first place. Last week, US District Judge Jon S. Tigar banned Trump from unilaterally changing the law on asylum.
As I have already explained (I repeat because the traffic does not tell you to read it), the Trump change that requires people to apply for asylum at US "ports of entry" is a violation of the existing federal law in one click. It is also a violation of international law and standards applicable to asylum seekers. The fact that change is morally reprehensible and that the expanded use of presidential power is somewhat out of place. Trump's asylum actions are completely illegal.
8 United States Code § 1158 – Asylum
a) Power to ask for asylum
(1) In general
Any foreigner who is physically present in the United States or who arrives in the United States (whether he is in a designated port of arrival or not and is brought to the United States after having has been prohibited in international waters or in United States waters), regardless of the status of that alien, may apply for asylum in accordance with this article or, as the case may be, under section 1225 (b) present title.
People interpret Roberts' reprimand as a position for an independent judiciary. I interpret it as if it meant to the Conservative clerk that he did not have five votes to say hello to the chair on asylum. If this issue were to be brought to the Supreme Court, Roberts says that he will follow the law. We know that he will accept the fanaticism of the leaders, but apparently he demands that it contravenes the law less openly than this asylum situation.
When you understand the whole background, the Trump Administration's decision to gas the kids turns out to be a reaction Trump's inability to amend laws by executive decree.
The law and the courts are clear: if you apply for asylum, you are entitled to due process. Trump can do all the threats he wants. He can do all the business with Mexico that he wants. If you present yourself on American soil and claim to be a "sanctuary", you are entitled to a hearing.
Trump's only strategy is to stop people from coming here. And that's why the gas cylinders are out. Throwing pepper spray at young children in diapers is a way for Trump to get an idea of the US court process.
And Roberts, your media darling "with an independent judiciary," will likely find that the president has sufficient "commander-in-chief" powers to gass children on foreign lands.
Trump is a xenophobic bigot who commits international violations of human rights. If you want to focus on that, I can not blame you. Do not forget all the ways that conservatives, lawyers and the media allow him to become a racist international criminal.
In a country that respects the law, Trump will be arrested for his actions.
Elie Mystal is the editor-in-chief of Above the Law and the legal editor of More Perfect. It can be reached @ElieNYC on Twitter or at [email protected]. He will resist.
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