I Sure Hope Not

Neo-Nazis The Alt-Right seem to be on the ascendency in North America, so it’s time to get to know them.

With its angry, anti-liberal, race-obsessed, occasionally apocalyptic tone, the Rebel resembles Breitbart, the conservative American website once run by Stephen Bannon, who is now Donald Trump’s chief strategist (a typical headline: “Idaho Dems Exec Director: DNC Should Train People ‘How to Shut Their Mouths If They’re White’”). That’s no coincidence: [Erza] Levant said during the cruise that Breitbart was a major inspiration for the Rebel. Which is exactly why I spent a week of my life rubbing elbows with Levant’s most dedicated followers. Bannon’s acolytes, too, once were mocked and ridiculed as marginal loons—until they got their man into the White House. Could Levant manage the same trick here in Canada?

It might also serve as a wake-up call for those who say it can’t happen up here. What would they say to this?

How does an ordinary Canadian become a Rebel? During my week at sea, I began to classify Rebels according to the issues that made them angriest—the ones that had originally brought them into Levant’s orbit. Fear of Islam and a distrust of mainstream climate-change science were the most prevalent. Rebels might start out as temperate conservatives, centrists, or even leftists (Faith Goldy said that her conservatism had emerged from the ashes of a youthful hard-left zeal). But at some point, a gateway issue draws them in. […]

Finding scant support for his views in the mainstream media, the nascent Rebel turns to Google, where his search for truth might lead to one of the many clickbait videos posted on Levant’s web site. (The Rebel has racked up more than six million YouTube views per month since its launch in early 2015. No one writes a headline like Levant.) Driven by a convert’s zeal, the newly minted Rebel becomes not only a steady consumer of Rebel content but also a publisher—spamming his friends with the stuff on Twitter and Facebook.

One Rebel I met, a middle-aged oil-patch worker from northern Alberta, described his daily media consumption as follows: First he goes to Breitbart for news, then the Rebel for “analysis,” then his local Sun newspaper “for entertainment.” Time permitting, he’ll move on to the Globe and Mail or the Toronto Star or the CBC—but only if he isn’t already “angry enough.” (That last bit was said partly in jest, but the rest was in earnest.) I met members of two families for whom Rebel consumption is a daily bonding ritual: One retired couple keeps the laptop open on the breakfast table every morning, with Rebel videos turned up loud. One mother watches Rebel videos every night with her teenaged daughters.

That’s textbook radicalization, in this case disguised as a luxury cruise. It makes for a helluva story.

Trump is in Control of the USA

[this is a slight elaboration on a comment I made elsewhere]

I don’t think I’ve said “constitutional crisis” enough. Emphasis mine:

After a weekend spent trying to get the Customs and Border Patrol (CBP) to comply with the New York and Massachusetts Orders staying the Presidential Executive Order banning immigration from seven countries, a group of attorneys Darius Amiri, Laura Riley, Madiha Zuberi, Nina Bonyak, in coordination with other volunteer attorneys working out of LAX, have been at the U.S. Marshal’s office at the Central District of California since 8:00 a.m. this morning.

These attorneys are demanding that the U.S. Marshal’s office comply with its statutory obligation under 28 U.S.C. 566(c) to serve civil federal orders on the CBP Port Director at Los Angeles International Airport. The Marshal’s office has so far failed to serve process and instead represents that it has been instructed by its Office of the General Counsel to await instruction from the U.S. Attorney’s office. Over the weekend, California Central District Court (CACD) Judge Dolly Gee granted a Temporary Restraining Order (TRO) (which was amended and corrected this morning) and this is another of the documents that has yet to be served on the CBP.

Two hundred years of precedent have established that the courts are the final arbitrator of what’s constitutional and what is not. But as I’ve said, the Judicial branch relies on the Executive to enforce its judgments; those court injunctions against Trump’s EO don’t go into effect until they get into the hands of the people enforcing that EO, and by telling the U.S. Marshals to stand down the Executive has effectively blocked those court orders from taking effect.

The Judicial branch is no longer checking or balancing Executive power. You just lost one of your three branches, Americans.

I have been saying that #TheRegime’s big overarching play right now is de-fanging the judiciary, sidelining it, making it subservient.

Now, if objecting to this gets any traction, #TheRegime’s talking point will be that the Marshals have always been part of DOJ, under exec.

Which is *true enough* but beside the point. They are the enforcement arm of the judiciary, grouped under executive because enforcement.

The impartiality of the law enforcement bodies under DOJ (FBI, Marshal Service) is supposed to be–must be–sacrosanct. Sacred. Untouchable.

Making the judiciary’s enforcement wing under the direct command of a handpicked crony AG accomplishes makes the entire judicial branch moot

With the Marshals marching to the president’s orders, court decisions only matter when #TheRegime agrees with them.

To make matters worse, the Executive branch is starting to override the Legislative. Remember how the border patrol refused to meet with Congressional representatives? Emphasis again mine:

“Since my background is a Ph.D. in public administration, I have a good working knowledge of U.S. institutions and policymaking processes,” [Donald] Moynihan told Salon. “Members of Congress are fond of reminding executive branch officials that [the latter] are beholden to them, not just to the president.” It is Congress that supplies every federal agency with its budget, and along with that “specific directives as to [its] role.”

“It’s remarkable to me that when an actual member of Congress would turn up at your doorstep, a manager in that agency would not try to be responsive to their concerns,” Moynihan continued. “It suggests they view obeying the guidance of the president as superior to any other direction. This is troubling precisely because the founders designed a separation of powers so that no single actor (in this case the president) had sole control of administration.”

Trump is also going behind the backs of Congress, borrowing their staffers while swearing them to secrecy. This is a big deal.

This is quite simply unheard of.

To be clear, the executive works with Congress all the time to craft legislation. That’s the President working with members of Congress, though much of the actual work is delegated to staff. All normal. It’s congressional staff working for the executive without telling the members of Congress they work for which is the big deal. […]

I’m not sure this rises to the level of a formal separation of powers issue. But the idea of the White House coopting congressional staff behind the backs of members of Congress certainly runs roughshod over the overarching concept of two coequal and separate branches of government.

Until Congress steps up, or Trump backtracks and agrees to respect judicial rulings, he has [no] checks on his power. He’s become a dictator without firing a single shot.


[HJH 2017-01-31] I just spotted a relevant update from Popehat.

OKAY. Awaiting an official statement, but about that story about the USMS not serving the LA federal court order: /1

/2 Counsel has now appeared for the federal defendants: US Department of Justice, Office of Immigration Litigation – Civil Division

/3 In fact, a stipulation by the parties to move the briefing schedule now appears on the docket (but is sealed)

/4 The significance is this: by appearing, the federal defendants can’t claim lack of service of the order. This should moot service issues.

/5 In fact it should bind the federal defendants to any order the court issues or has issued now that its counsel has appeared, as I read it

/6 That doesn’t answer issue of whether CPD has refused to comply so far or will continue to refuse.

/7 Also doesn’t exclude possibility that USMS dorked around for some period of time until their counsel made an appearance.

/8 But the fact that the ACLU filed a stipulation reached with the feds suggests some level of acknowledgement and cooperation.

In some ways, this is good news. The courts will not be stopped by a technicality like a lack of service, and as of now federal attorneys are respecting the Judicial branch. But if service has been granted, that means that the delays by US Marshals had the effect of deporting potential plaintiffs before they could plead their case before the courts. Any border guard that deported or refused entry to someone as per the immigration Executive Order, as of eight hours ago, is ignoring a court order. And some digging brings up this case.

Mohammad Abu Khadra, who lives in Katy[, Texas] with his brother Rami, traveled to Jordan last week to renew his visa. When he flew into Bush IAH airport Saturday, officials with U.S. Customs and Border Protection detained him at the airport for about 48 hours. He was transferred to an Office of Refugee Resettlement shelter in Chicago Monday, where he remained as of Tuesday afternoon. The teen has no access to his cell phone or to a computer, his brother said.

 Mohammad is among dozens of visa holders and immigrants to be detained at U.S. airports since Trump signed an executive order Friday indefinitely barring all Syrian refugees from entering the United States and suspending all refugee admissions for 120 days. It also prohibits citizens from seven Muslim-majority countries from entering the United States for 90 days, whether they are refugees or not. Those countries include Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

Mohammad’s native Jordan is not on the list, and Mohammad is not a refugee.

The Judicial branch is still out of commission.

I’m Calling It

The USA is officially in a Constitutional crisis.

In case you’re a Breitbart reader: President Trump issued an executive order that bans immigration from seven countries, for the span of 90 days. This was ostensibly to protect the US from terrorism as what happened during 9/11, yet mysteriously didn’t ban people from the countries behind 9/11, and double-mysteriously didn’t ban people from countries where Trump has business ties. Worse, Trump doesn’t appear to have consulted with anyone about it, giving no heads-up it was coming and certainly not asking about the wording of it.

The result has been chaos.

The new rules blindsided people in transit and families waiting for them, and caused havoc for businesses with employees holding passports from the targeted nations and colleges with international students.

Pegah Rahmani, 25, waited at Washington’s Dulles airport for several hours for her grandparents, both Iranian citizens with U.S. green cards. “They weren’t treating them very well,” she said. Rahmani’s grandfather is 88 and legally blind. Her grandmother is 83 and recently had a stroke. They were released to loud cheers and cries.

Canadian citizens are being turned away, despite assurances from officials. Science is suffering because of it. Protests are already widespread and growing, families are being torn apart.

Late Saturday, though, it looked like there would be some reprieve.

A federal judge has granted a stay on deportations for people who arrived in the US with valid visas but were detained on entry, following President Donald Trump’s executive order to halt travel from seven Muslim-majority countries.

The stay is only a partial block to the broader executive order, with the judge stopping short of a broader ruling on its constitutionality. Nevertheless, it was an early, significant blow to the new administration. […]

“I think the government hasn’t had a full chance to think about this,” Donnelly told a packed courtroom.

This isn’t a full stay, but the judge signaled that Trump’s Executive Order was likely unconstitutional and said parts of it shouldn’t be enforced on a temporary basis.

And yet,

As the night wore on, it became increasingly clear that CBP was defying Brinkema’s ruling. Lawyers concluded that that meant someone was in contempt of court. The judge could theoretically send in federal law enforcement officers to force CBP to let the lawyers meet with the detainees. But sending in the U.S. Marshals—who are part of the Department of Justice—to take on Customs and Border Patrol—which is part of the Department of Homeland Security—would have been a bureaucratic clash of the titans. And, like everything else that night, it would have been unprecedented. It didn’t happen.

Though detainees were slowly being released, lawyers were disturbed that they couldn’t meet with them. What if CBP tried to coerce detainees into signing paperwork that could jeopardize their legal status? Release wasn’t enough. A federal agency was defying a federal judge, and no one was quite sure what to do.

Then at around 11:45 pm, New Jersey Senator Cory Booker showed up. [….]

“We see tonight what I believe is a clear violation of the Constitution,” he continued. “And so clearly tonight we have to commit ourselves to the longer fight. Clearly tonight, we have to commit ourselves to the cause of our country. Clearly tonight, we have to be determined to show this world what America is all about.” 

Asked by The Daily Beast what CBP officers had told him about why they wouldn’t let detainees see their lawyers. 

“They told me nothing, and it was unacceptable,” he said. “I believe it’s a Constitutional crisis, where the executive branch is not abiding by the law.” 

The Executive Branch is not respecting the Judicial Branch. Trump shows no sign of backing down, either.

‏@realDonaldTrump (Donald J. Trump)

Somebody with aptitude and conviction should buy the FAKE NEWS and failing @nytimes and either run it correctly or let it fold with dignity!
7:00 AM – 29 Jan 2017

Our country needs strong borders and extreme vetting, NOW. Look what is happening all over Europe and, indeed, the world – a horrible mess!
7:08 AM – 29 Jan 2017

Christians in the Middle-East have been executed in large numbers. We cannot allow this horror to continue!
9:03 AM – 29 Jan 2017

The closest historical similarity I can find was when Harry Truman decided to take control of a number of steel mills in 1952 during wartime. Back then, the Judiciary said it was unconstitutional… barely. Either the rule of law goes, or he does, and so far he’s got the support of key Republicans.

This is a full-blown crisis. And it comes a mere eight days after Trump came into power.

[HJH 2017-01-29: Extended a quote. Also, someone else who called it before I did.]