Tag: law

DC militarization

Vote for Democracy #44

(Photo by Lucas Sankey on Unsplash)

Donald Trump decided to declare a crime emergency in Washington, DC and to surge the National Guard into our capital to deal with it.

This is an excuse, not an emergency.

Crime is at its lowest level in thirty years in Washington, DC. There are some higher-crime neighborhoods in the city and problems with youth crime and truancy, so the police could use some extra resources, but the new forces are seldom sent to those areas. Instead, they are largely deployed near national monuments and transit centers, more a show of force than actual crime-fighting.

DT’s rhetoric immediately pivoted from crime to making DC more “clean” and “beautiful” by removing people who are homeless. For the record, people who are homeless are much more likely to be victims of crime than perpetrators. In DC, they are most likely to be older, low-income adults; to be able to afford to live in the city, one needs about $90,000 in income, which is unattainable for many older folks.

Trump is also using this as cover for bringing in personnel from other federal agencies, including ICE. There have been arrests of suspected undocumented people by masked agents without identifying badges, as we have seen in many areas of the country. There are also government and military personnel being assigned duties for which they lack training. For example, FBI agents are being put out on patrol when their expertise is in investigation; for those of you outside the US, the FBI is the Federal Bureau of Investigation.

While DT is claiming that people feel safer and are going out more to eat more often, restaurant and bar owners are complaining that their business is down by 25% or more compared to this time last year. Many people in Washington, joined by others around the country, are protesting the militarization of the city. The presence of troops on the streets feels intimidating to them, making them less likely to go out.

Several Republican governors have mobilized their own National Guard troops to send to Washington. This doesn’t make sense because these troops would not have proper training for the situation. Deployment also takes the troops away from their regular jobs and families and hinders their availability to deal with emergencies or disasters in their home states.

Trump is threatening similar tactics in other cities where the mayors and governors are Democrats, such as New York. However, he is not threatening cities like Nashville, Tennessee, which has a higher rate of violent crime and murders than Washington. Tennessee has a Republican governor and local elections in Nashville are officially non-partisan, although the current mayor is affiliated with the Democratic party.

Because Washington, DC is not part of a state and is the federal capital, the president has somewhat more leeway legally to call in troops. It would be more difficult to use this tactic in other cities, although Los Angeles shows that Trump can manufacture an “emergency” even when there isn’t one. The fear is that Trump will militarize cities where the electorate is heavily Democratic in order to suppress the vote in the midterm elections next year. This falls in line with Trump’s requests for Republican-led states like Texas to redistrict to try to increase the number of Republican-leaning districts in their states to keep from losing their Congressional majorities in the face of the unpopularity of their policies and actions. It also goes along with Trump’s vilification of vote-by-mail, which he perceives as favoring Democrats.

I don’t know if the lawsuits, protests, and possible legislative intervention will be enough to get the military off the streets of American cities or not. It seems that these deployments violate the Posse Comitatus Act. There is a really good explainer about Posse Comitatus here which elucidates what it says and ways it is sometimes circumvented.

If you are in the United States and worried about this issue, you can contact your Congressional representatives and let them know. Trump is only supposed to have a military presence in DC for 30 days unless Congress grants an extension, so you can urge them to vote no and encourage their colleagues to join them. You can join a local protest in solidarity with Washington residents. It also helps to be aware of the scope of Trump’s ignoring or twisting of facts and the law to suit his purposes.

Facts still exist. Make sure you are following the facts and not lies.

fears for US immigrants

Vote for Democracy #43

(Photo by Lucas Sankey on Unsplash)

There are so many horrors happening every day in the United States under the Trump regime that it’s difficult to write posts because I feel like I’m not able to do justice to the topic when there are so many illegal, immoral, unconstitutional, and/or unconscionable actions and statements perpetrated in an ongoing basis.

Today, though, I decided to lift up the threats to immigrants and refugees beginning with a local story. Roger Wang, the owner of a local Chinese restaurant who fled political persecution in China, was detained by Immigration and Customs Enforcement (ICE) as he arrived for his green card hearing. For those who may not be familiar, a green card is a document that means an immigrant can live and work permanently in the US. Roger had been in the legal process for twelve years and had fulfilled all the requirements that ICE set out to earn his green card, but he was arrested anyway. There is a fundraiser for legal costs and to try to offset the losses to his business. As I write this, I haven’t heard any updates about where Roger is and when or whether he might be able to be released.

Stories like Roger’s are being repeated around the country. Immigrants are being detained by ICE, even when they do have legal status. The Trump administration has shamefully rescinded the legal status of many refugees, including those who served alongside the US in Afghanistan, and who face danger if they return to their home countries. Government agents, sometimes without identifying insignia and with their faces covered, have snatched people from their workplaces, cars, or even the streets and detained them. Sometimes, people with citizenship are detained, too. Appallingly, agents have injured people they are taking into custody They also have taken parents away, leaving their young children behind; sometimes, they take the children into custody, too, and have deported them with their parent, even if the children are United States citizens. Trump tried to take away birthright citizenship from children if both of their parents are undocumented, but this order is on hold while the courts hear arguments about it, although the 14th Amendment, Section 1 is very clear that being born in the United States confers citizenship.

It’s become more difficult to travel into the United States, even for people who are citizens or have permanent status. This month, Wilmer Chavarria, the school superintendent in Winooski, Vermont and a naturalized citizen originally from Central America, was questioned for five hours at the Houston airport as he returned from visiting family in Nicaragua. This risk causes a chilling effect on international travel for both US citizens and for tourists from other countries, especially those who aren’t White, as people of color are disproportionately subjected to being hassled by government border agents. Some countries are warning against travel to the US and tourism is down significantly. This is especially true for Canadians, due to Trump’s threats to their sovereignty and damage to their economy. This is particularly sad because Canada has been such a good neighbor for so long; my spouse B has Canadian ancestry with one of his great-grandfathers immigrating to the US in the late-19th century.

The majority of Americans are upset about the cruelty and disregard for US and international law that the Trump administration is exhibiting. They have sent people to detention camps and dangerous foreign countries and prisons without hearings or formal charges. They have disrespected judges and skirted/defied court orders when cases are brought. Many people, including lawyers, local/state government officials, faith leaders, charitable organizations, schools, and local community members are doing all they can to speak up for the rights of our immigrant neighbors, but it’s difficult when unidentified federal officials snatch people without notice and take them to undisclosed locations, sometimes even deporting them to their country of origin or an unrelated country before their families or lawyers can speak to them.

It’s part of the authoritarian nightmare we are living.

We will keep speaking out and doing what we can, despite the grim reality.

I don’t know how long it will take but we have to get our democracy back on track and always, always, always respect human rights.

Disintegration

Vote for Democracy #37

(Photo by Lucas Sankey on Unsplash)

I am watching the United States, the only country where I have lived for over sixty years, disintegrate around me.

My heart is broken and I don’t know how well I can convey the gravity of the situation, but I have to try.

I will say that there is massive and growing resistance among the public and within the government at various levels but it’s unclear whether or not we can keep our democracy and its Constitution and laws in effect.

The Trump/Vance administration has defied court orders trying to contain their illegal behavior. There have been orders to reinstate employees and officials wrongfully terminated, to restore funding cuts and agency closures that the administration has enacted when only Congress has the authority to do so, and to give due process rights to immigrants and visitors who have been imprisoned in different parts of the country or even sent to a notorious foreign prison in El Salvador.

Trump has written executive orders that don’t reflect reality, declaring states of emergency where there is no emergency so that he can attempt these illegal actions that are terrorizing millions of people, in the United States and around the world.

At the moment, he is trashing our national economy and disrupting the global economy with his tariff policy. He has threatened the sovereignty of other nations who are our allies. The world order that rose from the ashes of World War II over the past 80 years, led by the United States, is damaged and, I’m afraid, irreparable because our allies will not be able to trust us again.

What should be happening is that Congress should impeach and convict the president of high crimes and misdemeanors and remove him from office. Other executive branch officials, including the vice-president, should resign or themselves be impeached for their unconstitutional actions. This would include the current House speaker, who would become president under the Constitution, if he would not restore the rule of law and stop the takeover of the government by oligarchs and corrupt politicians.

Given the way the Republican majorities of both houses of Congress have been behaving, the above scenario will only happen if dozens of Republicans either decide to fulfill their oaths to uphold the Constitution and laws or resign their seats, either to protect their families from threats or to accede to the demands of their constituents who are being harmed by the Republican regime.

I have no illusions that this scenario, which is in accordance with the way our Constitution is designed, is going to happen.

I know that things can get worse. There is the possibility that Trump will try to declare a state of emergency to allows him to use the military within the US to go after peaceful protesters. He could try to jail members of the media or elected officials who oppose him. He could start a war with Canada because he wants to annex them or with Denmark over Greenland, either of which would turn into a major conflict as the other NATO nations would come to the aid of Canada and Denmark under Article 5 of the treaty that formed NATO in 1949.

Or any number of other horrible things that would harm millions of people.

That’s why so many of us are speaking out to resist Trump/Musk/Vance/DOGE.

While my fears are national and global, they are also personal. Among my friends and family are people who are immigrants, naturalized citizens, people of color, part of the LGBTQIA+ community, living in poverty, dependent on government programs for health care or food assistance or income, retired, dealing with illness and/or disabilities, children, elders, students, writers, teachers, government workers, people of various faiths and non-religious philosophies, rural, suburban, and urban dwellers.

In all of that, I think I am typical of most people in the United States.

When I hear about funding cuts for medical research and vaccines, I know that my own health and that of my family and friends has been vastly improved by these in the past and will suffer in the future if these cuts remain in place.

When I hear about visitors from other countries being harassed, turned away, or even imprisoned without cause, I worry about what might happen the next time the UK branch of my family comes to visit because it includes a foreign national.

Watching the wild gyrations in the stock, bond, and currency markets, I worry about our financial stability as we begin our retirement.

I don’t know what will happen next, but I know that millions upon millions of us are trying to keep our democracy intact so there is some chance to repair some of the harms of the last few months.

I wonder if this is how people felt at other times of national peril, especially during the Civil War.

We are not currently forming “a more perfect Union” as the Preamble to our Constitution calls us to do. We aren’t fulfilling any of the purposes of government found there either.

Deep breath.

Keep trying.

One-Liner Wednesday: resistance

Vote for Democracy #33

In the midst of the vindictive, mean, immoral, unconstitutional, illegal under both national and international law, threatening, and insane beginning of the Trump administration, millions of Americans have mobilized to oppose Trump and his actions and, we hope, to limit the damage to people in the United States and everywhere in the world; we appreciate the support from all our friends and allies and I personally want to thank my Canadian friends who have reached to me in solidarity.

Join us for Linda’s One-Liner Wednesday! Find out more here: https://lindaghill.com/2025/02/05/one-liner-wednesday-i-dont-understand/

Celebrating ten years of the New York fracking ban

Ten years ago today, New York State announced an administrative ban on high-volume hydraulic fracturing (fracking) in the state. (in 2021, the legislature made it a law.)

To celebrate, Food & Water Watch, one of the lead organizations in fighting fracking, has compiled a free, commemorative e-book, which you can download here.

A large coalition of organizations, environmentalists, indigenous nations, scientists, engineers, and concerned citizens had spent years advocating for a ban, helped by many of our Pennsylvania neighbors who were suffering from the harms of fracking in their communities. There had been rallies, commentary in the press and at hearings, educational events, scientific papers and lectures, and showing up at public appearances by then-Governor Andrew Cuomo leading up to the ban, which occurred when the Dr. Howard Zucker, the Health Commissioner, said that fracking was too dangerous for New Yorkers’ health, ending what had been a very fraught battle over the SGEIS (Supplemental Generic Environmental Impact Statement) that would have allowed fracking without need for site-specific studies.

Yes, that sounds very wonky but we were lucky to have lawyers and other experts in the coalition who could break everything down for us into understandable, actionable bits.

My role in the efforts to ban fracking was as a member of the Rapid Response Team. We would receive links to articles about fracking in the media and write comments to bolster the truth and challenge misinformation. It was intense at times but it meant a lot when I would be at a rally or event and people from other parts of the state would recognize my name from comments I had written. It was good to know that my little part was helpful to the cause.

When the announcement came from Albany ten years ago, there was rejoicing from all parts of the coalition and a celebration here in Binghamton, which had been the epicenter of both the pro- and anti-fracking efforts. Unfortunately, I couldn’t attend because I was sick with shingles. I was very grateful, though, and as excited as I could manage to be.

We aren’t having a party on this tenth anniversary but we are all awaiting Governor Kathy Hochul signing a bill that will add carbon dioxide to the existing fracking ban. The bill was passed in March and we have been urging her to sign it ever since.

Many bills get signed in December so it could be any day now, although I’m hoping it will be today.

It would be a fitting tenth anniversary commemoration and a reminder to the nation that New York says NO to fracking!

Update: On Dec. 21, Governor Hochul finally signed the bill. You can read the press release from coalition members here.

One-Liner Wednesday: John Kelly on Trump’s fascism

(Photo by Lucas Sankey on Unsplash)

Retired US Marine general and longest serving chief of staff to Donald Trump when he was president “said that, in his opinion, Mr. Trump met the definition of a fascist, would govern like a dictator if allowed, and had no understanding of the Constitution or the concept of rule of law.” Source: New York Times (gift link to article) which backs up my recent post on this subject

This timely warning comes to you as part of Linda’s One-Liner Wednesdays, which is usually much lighter or inspiring than this. To join us, visit here: https://lindaghill.com/2024/10/23/one-liner-wednesday-no-better-time/

Vote for Democracy ’24 #11

a week after the first debate

(Photo by Lucas Sankey on Unsplash)

I watched the first presidential debate on June 27 with my family.

To me, the clear loser in the debate was Donald Trump because he told dozens of easily identifiable lies and didn’t answer many of the questions. He also tried to take credit for some accomplishments of President Biden.

As soon as President Biden started speaking, it was obvious to me that he was ill. He also was rushing his answers, probably in an attempt to pack as much information as possible into the two-minute allowed response time. As Trump threw around lies and accusations, Biden tried to respond to those plus answering the given question and his well-known, long-standing problems with stuttering kicked in, making some of his answers a jumble.

Since then, there has been a large-scale, public freak-out about whether Biden is too old to seek another term, even though Trump is only three years younger and doesn’t lead a healthy lifestyle. Biden’s latest annual physical exam report, dated Feb. 28, 2024, shows that he has no major neurological conditions and that his gait issues are from arthritis in his back and hip, along with some neuropathy in his feet. There is no comparably detailed health report from Trump.

Some of the criticism of Biden makes me wonder if those voicing it spend time with elders. For example, collagen levels decrease with age and this makes one’s face look older. So, yes, at 81 and a healthy weight, Biden’s face looks like he’s 81. It doesn’t mean he is cognitively impaired. Yes, he moves more slowly, as you would expect from someone with that level of arthritis. The presidency is not a footrace. If it were, Franklin Roosevelt would never have been elected.

I appreciate Biden’s wisdom, experience in government, decency, empathy, and compassion. His life journey has been long and he has faced more than the usual share of personal tragedy. He has assembled a very good team of advisors and Cabinet officials. It’s true that his debate performance was terrible but, as President, one is always surrounded by policy experts, advisors, and research documents and doesn’t have to answer questions with a time limit and no notes while trying to rebut lies.

I don’t know what will happen at this point. Biden is determined today to stay in the race but, if he does step aside, Vice-president Harris or whomever the Democrats nominate will have my support and vote.

It will be a vote for democracy.

I won’t vote for Trump because he is an immoral, lying, convicted felon who doesn’t care about our country and its laws. I also won’t vote for anyone who supports him or puts their political party above the laws and the people of the United States. This is especially important after recent decisions by a corrupted Supreme Court. That’s a post for another day.

Today, as we celebrate the anniversary of the Declaration of Independence, let’s renew our commitment to each other, to democracy, to our Constitution and laws, and to our highest ideals. Let’s resolve to vote only for candidates who share those ideals and seek to serve the country, not those who seek only to enhance their own power and wealth and that of their rich cronies.

Together, we can keep our democracy vibrant and ready to add more centuries to the 248 years the United States celebrates today.

SoCS: Joyce’s chickens

One of the substacks I read regularly is Joyce Vance.

She is a lawyer and legal scholar whose commentary I hear often on television. She writes long and thoughtful posts about the current legal issues in the United States, of which there are many.

To lighten things, she also posts about her hobbies.

She will show us what her latest knitting project is, for example.

The thing other than law about which she posts most, though, is her chickens.

She and her family keep a coop with several varieties of chickens. She posts about what she is feeding them. Their interactions with the family’s dog and cat. Their new coop. What they are doing around the yard. How they hop up into her lap sometimes.

She will also occasionally post photos of their eggs. Because there are different breeds, the eggs are various colors and sizes.

The chickens bring Joyce comfort and joy, which she shares with her readers.

I admit that I have no desire to care for chickens myself, but I appreciate Joyce’s sharing her love with all of us.
*****
Linda’s prompt for Stream of Consciousness Saturday this week is “chicken or egg.” Join us! Find out more here: https://lindaghill.com/2024/06/28/the-friday-reminder-and-prompt-for-socs-june-29-2024/

Vote for Democracy #6

(Photo by Lucas Sankey on Unsplash)

I can’t quite believe that I am compelled to write this but I feel I must after yesterday’s Supreme Court hearing on whether or not blanket presidential immunity exists.

Donald Trump’s lawyer was arguing that a president shouldn’t be able to be prosecuted by the judicial system for criminal acts, including ordering the assassination of a political rival, if it was considered an official presidential act.

He is saying that, literally, a United States president should be able to get away with murder.

That is wrong legally, ethically, and morally.

Every person, citizen or not, elected official or not, is subject to the laws of the United States and whatever state or other jurisdiction they find themselves.

Period.

Do not vote for Donald Trump or any other candidate who believes that any person should be above the law.

Immigrants to the US

My great-grandparents on my father’s side came to the United States fleeing hunger and political repression. My grandparents on my mother’s side came to the United States for safety as war threatened. Though some at the time decried them for being Irish or Italian and said they didn’t belong here, they found work and safety, raised families, contributed to their communities, and became citizens. My family has members with ancestral roots in Africa, Asia, the Pacific Islands, other European countries, and Canada. My town has people who came from or are descendants of people from around the world, as well as indigenous people. Some have been here for generations; some arrived recently.

We all belong here.

I am appalled at the recent rhetoric from Donald Trump and others of his ilk that migrants “poison the blood of our country.” I believe every person has inherent dignity. Our blood is a life force we hold in common. If you need a transfusion, it’s only the blood type – O, A, B, AB, Rh – or + – that matters, not the race, ethnicity, gender, wealth, or any other attribute of the donor.

My ancestors made their way here without much in the way of financial resources. Some didn’t speak much English. Despite their pale skin, some were not classified as White by the society at the time. They were fleeing hunger, poverty, political upheaval, danger, and violence, the same kinds of things that are now forcing thousands upon thousands from around the world to flee to the United States. Additionally, some of today’s migrants are fleeing due to climate change, for example, because of crop failures, damage from global-warming-enhanced weather systems, desertification, or sea level rise.

These new migrants have a right under United States and international law to seek asylum and a new life here. Yes, it would be safer for them to apply for asylum or visas in the US from their home countries but US immigration policy and infrastructure is decades out of date, which is certainly not the fault of the migrants. Many people who say, “Yes, but I/my ancestors came here legally,” need to realize that it was their country of origin/timeframe that made that possible in a way that is not available to many of the mostly black and brown folks now trying to cross the US southern border, some of whom originate from continents outside the Americas.

They also need to realize that it has been Congressional Republicans who have blocked meaningful, comprehensive immigration reform. For example, the immigration bill passed by the Senate in 2013 would most likely have passed the House on a bipartisan basis but the Republican House leadership wouldn’t put it up for a vote because the majority of the Republican members would have voted against it. Another example, the first bill that President Biden proposed to Congress was a comprehensive immigration reform bill, but it has not even been brought up for debate.

We have appalling actions by some governors, such as Abbott in Texas and DeSantis in Florida, that demonize and further endanger already vulnerable migrants. (Newsflash: People seeking asylum are not “illegal.” They have legal status under national and international law. And, no, states may not set their own immigration policy.) There are chilling promises of detention camps and mass deportations from some in Trump’s camp, were he ever to regain the presidency.

While comprehensive immigration reform will need to wait for a future Congress, the present Congress could take action to help alleviate the current problems. They could allocate funds for more processing centers and immigration judges to assist new migrants and those who are currently awaiting hearings in the coming months/years. They could give additional aid to communities and programs for resettling immigrants. My county has a long history of welcoming immigrants and there are existing organizations that can help people get re-settled.

Most importantly, they could make provisions to get work visas to newcomers and to immigrants who are already in the United States. Unemployment rates in the United States are low and there are a lot of jobs that aren’t being filled. Some of the sectors that need workers are agriculture, hospitality, caregiving, and construction. Many migrants have those skills and are eager to work to support themselves and their families. It’s a win-win situation.

At the same time, there are many unscrupulous employers who have been hiring workers without documents, often at substandard wages and without proper workplace protections. This needs to stop! The workers should be given work visas and the employers should pay fines and be brought into compliance for wages and working conditions. If they were complicit in human trafficking, they should be held responsible for that, as should anyone else involved.

Another threat from the Trump camp is to end birthright citizenship. Under the United States Constitution, anyone born in the United States is automatically granted citizenship. Period. The only way to change it would be to amend the Constitution, which would take a two-thirds vote from both chambers of Congress followed by ratification of three-quarters of the states. No executive order or even a Congressional law can change birthright citizenship because it would be unconstitutional.

One of the strengths of the United States is that it becomes home to people from all over the world and their descendants. In our communities, we share the food and cultural traditions that traveled with us or our ancestors and are free to do so, enriching all who participate. The United States has always been a diverse country, although it’s taken a long time to grant equal rights and that process is still ongoing. We must not turn our back on new arrivals who want to join us. They have gifts to share with us and we have gifts to share with them.

*****
Join us for Linda’s Just Jot It January! Find out more here: https://lindaghill.com/2024/01/04/daily-prompt-jusjojan-the-4th-2024/