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Muslim Ban 2

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It looks like Trump will issue Muslim Ban 2: Racist Boogaloo tomorrow, although of course it’s hard to say exactly when this clownshow will actually do anything. In any case, early reports show it perhaps being basically the same except taking Iraq off the list, which I guess makes it precisely 1/7 less horrifying, as well as exempting green card holders and not explicitly excluding Syrian refugees although still doing so in fact. Of course, we should be clear that this has nothing to do with anything concerning national security and it about Bannon and Miller’s desire to Make America White Again.

Whatever happens tomorrow or whenever this actually comes out, the lawsuits to stop it will instantly begin. The ACLU is ready and so are the teams of lawyers ready to demand access to those unjustly barred from the United States. The legal rationale for this is still extremely shaky and I hope the courts see it that way as well. That the administration has ordered Homeland Security employees to work from home on Monday suggests to me that a) this is going to be a really bad order and b) they are expecting massive protests. We should be ready for those protests. I’ve been a little bit concerned in the last couple of weeks that things seem to be going back to normal for a lot of liberals, who are horrified but moving on with their lives. And of course that’s OK but we also have to be ready to protest and shut down the nation when this happens. I do have a lot of faith in people to do amazing things, such as the JFK protest when the first order came out. I do think people will respond. But I would really encourage you to be personally ready to respond when this goes down. It will require a ton of fury to stop it, as it did a month ago.

Among the problems related to this is the actions of ICE, the American Gestapo, and its sister agency, Customs and Border Protection. These tinpot fascists have total control over the poor individuals with which they come in contact. They already showed themselves indifferent to the courts after the first executive order and they are excited to bar brown people from the United States. It seems pretty clear that ICE and CBP is littered with white supremacists and I imagine they are intentionally getting jobs there to maximize their power, as others have suggested is likely. Whether they are French historians or they are Afghanis who have worked for the U.S. government, permission to enter the United States ultimately resides almost entirely with some racist moron working the immigration desk at a given airport, regardless of whether said nations are on whatever Muslim ban Trump pushes. As many on the left who have worked on these issues for years have noted, there was hardly any attention paid to this thuggery during the Obama administration, but it was very real. Now with Trump having empowered ICE and CBP to do almost literally whatever it wants to, things are even worse. CBP and especially ICE are out of control agencies of the government that nee our full attention. It and its agents are the enemies of everything that liberals and the left should hold dear and until that agency undergoes massive reforms and we force it to take accountability for the racism of its agents, it won’t hardly matter who is president to a lot of the people attempting to come to the United States.

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  • Dilan Esper

    The key thing in the court challenge is whether the lawyers who vetted this did an honest job or a John Yoo type job.

    If they really read prior court decisions on good faith, it’s possible to do some sort of order that gets upheld. The President has a ton of power in this area.

    But if the lawyers gave it the Yoo treatment, making up fantasy justifications based on theories of absolute executive war powers and similar, it gets struck down again.

    • Landsknecht

      The President has lots of power, but at the same time the justification (and power) has been undercut by the rhetoric. The info from the previous suits, plus the knowledge that the ban was explicitly delayed – not for national security reasons but for news cycle management – help to weaken its power even in the face of the broad powers the Prez has here. The tricky bit is going to be establishing standing I suspect.

      • LuigiDaMan

        Too late for some people. The purge has begun.

  • Just_Dropping_By

    the administration has ordered Homeland Security employees to work from home on Monday

    “Homeland security” never really struck me as a telecommuting kind of job.

    • LeeEsq

      I was thinking the same thing.

    • Davis X. Machina

      The really nasty stuff you can do by massaging databases and putting flags on individuals’ files.

    • Warren Terra

      What is the purpose of that order? I don’t get what it’s supposed to achieve. Are they trying to prevent employees from talking to each other? To make coherent guidance on implementation impossible? To make it harder for reporters to reach staffers? Other ideas?

      • Just_Dropping_By

        Yes, it seems weird to me too. You’d think that when a controversial, highly public policy is going to be going into effect, you’d want everyone in the office for maximum efficiency in communications and implementation.

        • Warren Terra

          Makes sense, except that there is no reason to sign the order there, and if the order has immediate effect (as the last one did, with the admission claiming this was vital to our survival), what you say is a reason to sign it elsewhere.

      • science_goy

        Honestly, I’d guess it’s because getting into/out of the building is a complete mess when a presidential visit is planned. The Secret Service pretty much puts the whole place on lockdown for the day.

        Speaking from my own experience in a different government agency which Obama visited once or twice.

    • Wapiti

      My initial guess is more benign. If Trump is going to release or sign this at the Homeland Security building, it means the Secret Service wants to screen all of the worker bees entering the building that morning. It’s easier if you just have them “work” from home (that is, take the day off with pay), since they aren’t going to be able to get any work done Monday anyway.

      • The Great God Pan

        Surely this is too commonsensical and efficiency-minded for anyone in the Trump administration to have come up with? Whatever the reason is for the order, it’s almost impossible for it to be benign and grounded in good sense.

        • science_goy

          It wouldn’t have been decided by the Trump administration, but by someone in DHS bureaucracy (and possibly is an automatic guideline that kicks in for visits involving the Secret Service).

    • cpinva

      “Homeland security” never really struck me as a telecommuting kind of job.”

      well, they are at home, and it is on land, so yeah, this could work. as well as it’s worked so far, I don’t see it making a whole lot of difference where they work from.

      • rhino

        It isn’t like they do much of use anyway, from what I can see.

        Abolishing them entirely would likely lower actual threat levels, since they wouldn’t be busy radicalizing previously indifferent people, by being huge dicks to everyone.

  • Tom in BK

    I’ve been a little bit concerned in the last couple of weeks that things seem to be going back to normal for a lot of liberals, who are horrified but moving on with their lives. And of course that’s OK but we also have to be ready to protest and shut down the nation when this happens. I do have a lot of faith in people to do amazing things, such as the JFK protest when the first order came out. I do think people will respond. But I would really encourage you to be personally ready to respond when this goes down. It will require a ton of fury to stop it, as it did a month ago.

    Part of the complacency, I think, comes from the fact that it looks like the administration is on the verge of imploding. But that’s partly the case because we’re taking to the streets and airports.

    So in all likelihood I’ll be at the airport tomorrow night.

    • NewishLawyer

      Looks like maybe but I still have my doubts about it.

      The problem with looking like you are on the edge of collapse is that you can also be close to saying “The courts will not do as we say so I am sending troops to occupy the 9th Circuit and remove all the judges.”

      • Yes.

        • LeeEsq

          Thirsting this. People I know think that Congress is going to have to act against Trump and that’s not going to happen.

      • Tom in BK

        The salient point, too, with looking like you are on the edge of collapse is that you just might be.

        See: Nixon, Richard Millhous

        Might take a year or two, but there’s no way this guy lasts four years.

        • rhino

          Longer the better, let these assholes fight each other, and us, unable to get anything done, their agenda getting longer and longer with no relief in sight.

          The mid terms flip house and senate because disgust with their incompetence is so great (from their voters) and the disgust of decent people combine to flip the country blue.

          Then, impeach the shitgibbon, and his VP, stick Ryan in there and obstruct him into oblivion.

          It’s a hard road forward, but it’s the best we are left with.

          • superkooter

            The dems won’t win in 2018 if anything they will lose more. I expect at least 5 more senate seats.

        • superkooter

          There is no collapse.

      • cpinva

        how many divisions does the 9th Circuit have again? we seem to be quickly drifting into Caligula territory here. I expect him to appoint his favorite horse to the Supreme Court any day now.

        • Dennis Orphen

          Digitorula

      • superkooter

        Lets hope they open fire on the left.

    • nemdam

      Trump also hasn’t been doing much in the last couple weeks. The Russia stuff has stopped his administration in his tracks. And people were showing up to townhalls in mass to protest repealing Obamacare. So I don’t think complacency has set in.

      But however you look at it, complacency is not the answer, and it is not a bad thing to preemptively fight against it.

      • Tom in BK

        Agree 100%. If you start to become complacent, you’re part of the problem.

        • Dennis Orphen

          If your not part of the solution, you’re part of the problem. Now kick out the jams!

          • cw moss

            … motherfuckers!!!

            Fixed it.

      • superkooter

        Those people at the townhalls were bitter liberals that set these things up on Facebook. They aren’t the demographic that elected these people.

        • Little Chak

          Yeah, keep telling yourself that. Did you even bother to watch any of the videos of those town halls?

    • superkooter

      Take the streets all you want, the order will be signed and I hope to god this time it sticks.

      People like you are a disgrace.

      • GeoX

        You hope that because you’re a sociopath. Just fyi.

      • sonamib

        People like you are a disgrace.

        *Holds up a mirror*

  • LeeEsq

    Courts tend to be unimpressed by cosmetic changes to lower court decisions or orders they previously ruled against.

  • Marek

    Is it too soon to worry that ICE is turning into a private army, loyal to Trump?

    • John Revolta

      Yes. These guys are loyal to their paychecks. Some of ’em happen to be mean assholes and enjoy acting out when they get the chance, is all.

      • Nick never Nick

        No it’s not. The people who man the borders have functioned without oversight for a long time now — the administrative restraints on their powers are very small; the practical administrative restraints are smaller. During the last episode, they showed a distinct tendency towards contempt for judicial oversight; the probability that they take an expansive view of their powers as ‘protecting the nation’ is very high. The chance that their hiring practices have been skewed towards selecting people who hate foreigners is similarly high. They cannot be considered a normal branch of the civil service; their median member is aggressive, dim, xenophobic, and untrained in the professional foundation of what they do.

        I am certain that it did not go unnoticed in the White House during the last episode that the pushback Trump received most certainly did not come from the ICE. I wonder why that is?

      • Lost Left Coaster

        I think it might go deeper than that. Certainly not too soon to worry that ICE will disobey any court order that Trump asks them to disobey. Their fealty to the law is already pretty thin as it is.

      • cpinva

        “Yes. These guys are loyal to their paychecks. Some of ’em happen to be mean assholes and enjoy acting out when they get the chance, is all.”

        that’s pretty much true for any blue collar-level law enforcement group. the lower your employment standards, the higher the likelihood you’ll get a high percentage of assholes in your group. it’s an inverse relationship.

    • Hercules Mulligan

      ICE should be disbanded by the next sane administration. Full stop. No compromise. The non-fascistic stuff can be done without a separate agency.

      • science_goy

        At least keep it around long enough to figure out whom to put on trial for human rights violations.

      • superkooter

        Why? Ice is doing a great job if anything it needs to be expanded.

      • Gizmo

        Any agency too stupid to know the difference between jaywalkers and murderers needs a serious overhaul. By clogging up the system with low-level offenders, they are making sure that the bad ones stick around longer.

      • ColBatGuano

        At what point do we conclude that ICE employees are little better than an updated version of the Gestapo? Is there a way to pressure them through court action as a means of discouraging their actions? Can we send them to superkooter’s house so he can experience first hand the super job they are doing?

        • science_goy

          Make it clear that Trump won’t be in power forever, “following orders” is not a defense, and any violations of civil or human rights WILL be punished to the fullest extent possible by the next administration. And then hold the next administration to it.

          Couldn’t hurt to get some of the above into the media narrative as rhetorical questions: “Could ICE agents end up in prison for what they’re doing?” At the least it’d make some of them nervous and possibly think twice about their actions, orders or not.

    • superkooter

      ICE is enforcing the law.

  • Jordan

    So I’m going to pick up my partner at Newark tomorrow. Since we are going to be there anyways, is there a site or something to see if there are going to be protests that we could at least join as extra bodies?

  • Crusty

    My hope and suspicion is that the administration doesn’t actually want to put forth a ban that passes legal muster. Rather, this is part of trump’s 2020 exit strategy. I tried to ban the bad people, but liberal courts wouldn’t let me, so I’m taking my ball and going home, you’re welcome America. In the interim, if it gins up violence against immigrants, that is satisfactory to some in the administration.

    • NewishLawyer

      Too much 11th dimensional chess.

      My bet is that they want it but are too lazy and extreme to do any work in producing something that can pass constitutional muster.

    • Gregor Sansa

      This supposed plan has more coherence and foresight in each letter than the Trump administration has in any two people.

    • CP

      Trump doesn’t have a 2020 exit strategy. Going home early is for losers. Winners run again and win bigly.

  • Landsknecht

    Well, us Dulles attorneys/volunteers are ready to respond tomorrow. Morbidly curious to see how many travelers get screwed over instantly this time.

  • J. Otto Pohl

    Removing Iraq from the list reduces its problematic nature by a lot more than one seventh. It has a lot more people than Libya or Somalia. It even has significantly more than Syria or Yemen. But, more importantly as alluded to in the article is the connections forged between Iraqis and the US since the Second Gulf War. This is particularly true in the Kurdistan Region. Any fight against ISIS that does not include the Peshmerga is probably going to fail. Including the Kurds on the visa ban pissed off the one foreign nation in the Middle East that is not only strongly pro-American and supportive of Trump, but unlike most US allies in the region has a pretty good human rights record by international standards.

    • Dennis Orphen

      I do not disagree with your statement. However, if anyone had any serious beef with the U.S. they might come from a country practically destroyed by it (twice). Not all Iraqi’s are Kurds.

      • J. Otto Pohl

        True, but the KRG is a separate autonomous regional unit that is recognized as such by the US. Including it as part of Iraq is like including Taiwan as part of China. It is the official policy dejure. But, it doesn’t have any actual basis in reality. Currently the only thing Kurdistan and Baghdad share seems to be a single currency.

        • sonamib

          They also share a pretty nasty enemy.

          And if I’m not mistaken, the Kurds need to pretend to be part of Iraq, otherwise Turkey would get mad. Because Turkey is petty like that. Right?

          • J. Otto Pohl

            Turkey and Iran together are a problem for Kurdistan because if they both closed their borders to goods coming into Bashur then the region would be in serious trouble in a matter of weeks. The KRG and Iraq proper don’t produce much anymore except oil so the region is heavily dependent upon the importation of goods from Turkey and Iran. If it was just Turkey then it wouldn’t be nearly as serious a problem as substitutes could be found for everything from Iran. Sulaimani where I live is close to Iran and imports considerably more from them than from Turkey. It is amazing the amount of different types of sour milk and fancy ketchups produced in the Islamic Republic. But, a blockade by both Turkey and Iran and maybe even Iraq again leaves Bashur dependent upon its own largely unrehabilitated agriculture and even less developed manufacturing base.

            • Lurker

              It is posts like this that remind me why J. Otto is a valuable member of our community.

            • fancy ketchups produced in the Islamic Republic

              Nobody tell Loomis, okay?

  • Simple Mind

    I have no idea why Iran is on the list.

    • Davis X. Machina

      Bibi asked us to put it there.

    • Warren Terra

      Because it’s public enemy number one, especially in the minds of Flynn, Gorka, etcetera?

    • Dennis Orphen

      When your think it’s always the early 80’s you think it’s always the early 80’s.

    • cpinva

      “I have no idea why Iran is on the list.”

      well, there was that whole embassy thing.

      • sonamib

        The median age in the US is about 38 years, so half of all Americans weren’t even born when that thing happened.

    • superkooter

      They are a hostile nation.

  • Warren Terra

    I think people are being too complacent about this; even with the current order suspended, even with expectations the next version will suffer similarly, the uncertainty and the expectation of harsh treatment by State and ICE are devastating. Sure, the judges can rescue a smattering of people who already had valid travel papers before the vandals took over. Yes, some politically charged classes of immigrants will get through (though the NYT story linked in the main post suggests maybe not so much) – but that leads a lot of people.

    We can assume organized resettlement of refugees, especially Syrians, is basically dead. But more than that: a lot of people won’t be applying for visas now, and others won’t be offered academic, research, and job placements that would require visas. I heard from a major American research lab that is awarding two people highly prestigious PhDs … and deporting them, because no academic or industry employer wants to take a chance on giving them a position contingent on them being able to get a visa. There was a story last week about a Nepalese girl’s basketball team, that has about as much money as you’d imagine, that raised money for years to participate in an international competition in the US only to be denied visas; they lost $5000 in filing fees alone. For half a century America has educated the world’s best and brightest, and benefited hugely from the ones that stayed and the ones that went home with strong American ties. Nowhere has this been more important than in developing and emerging nations, and this administration is – quite deliberately – throwing it away.

    That’s quite aside from its campaign of abuse against the more vulnerable, undocumented immigrants, of course. But we’re doing horrible things to our legal immigration.

    PS the US has also recently denied visa-free tourist travel to passport holders from four EU member states; it’s threatened that we may reciprocally lose our right to visa-free tourism in the EU.

    • Davis X. Machina

      …this administration is – quite deliberately – throwing it away.

      ‘Soft power’, is, you know, soft. You’d say ‘flaccid power’ if you were being honest.

      Making America Tumescent Again.

    • Just_Dropping_By

      PS the US has also recently denied visa-free tourist travel to passport holders from four EU member states; it’s threatened that we may reciprocally lose our right to visa-free tourism in the EU.

      If by “recently” you mean “for years,” sure:

      The U.S. has long forced citizens of some E.U. countries—namely Bulgaria, Croatia, Cyprus, Poland, and Romania—to purchase visas in order to enter the country, denying the E.U. complete reciprocity when it comes to visa-free travel. The E.U. gave U.S. officials notice in 2014 that the country need to enact reciprocity or the visa-free travel for U.S. citizens would come to an end, but the U.S. did nothing.

      http://www.commondreams.org/news/2017/03/02/visa-war-eu-votes-bar-visa-free-travel-american-citizens

      • Warren Terra

        Okay, but the nonbinding resolution suggesting reciprocity should be killed is new, and seems more plausible under Trump.

  • King Goat

    I don’t think ‘shutting down the nation’ is the kind of mentality that’s going to help draw people to take our side, more likely it does the opposite.

    • Lord Jesus Perm

      Say what you want about King GOAT, but he’s always on message.

      • King Goat

        It’s stupid. Guy trying to get to work or drop off his kid getting jammed up by protesters, you really think he’s going to say ‘gosh, yes, what fine folks, I really should reconsider why I’m not more actively opposing the administration they oppose’? I get people want to emulate their heroes from history and seem like they’re doing something righteous, but let’s not jettison every scintilla of political common sense in doing so. It’s that kind of thinking that largely made us as vulnerable to jerks like the Republicans as we are right now.

        • (((Malaclypse)))

          Shorter Goat: I wanted to drive over the Edmund Pettus Bridge without slowing down, dammit.

          • King Goat

            What made the classic protests so effective was the bad behavior of those that reacted to them. If, on the other hand, it’s the protesters who seem to be badly behaved they lose support for their cause. This should be common sense no matter how angry or self righteous one wants to be.

            • Jordan

              tell me more, professional academacian of protests.

        • science_goy

          If getting stuck in traffic is enough to make someone throw their support behind Trump, their political convictions were valueless in the first place.

          • King Goat

            All people should be saints, and when you make them late to pick up their kid, or get them docked for getting to work late, etc., they should just think about how righteous the protesters cause was and sympathize with them, right?

            With thinking like this on our side President Baby-man’s win doesn’t seem quite so incredible.

            • Little Chak

              You do realize that you are what enabled Trump, right?

              His die-hard supporters were going to support him regardless. But the Independents, and the Trump-curious Sanders supporters? They needed the OK to go ahead and pull the trigger. And people like you, with your credentials of being on the left, gave it to them.

              Guess what? The Freedom Riders pissed off a lot of moderates. Moderates were screaming their damn heads off about sit-ins, and boycotts, and marches, and the inconvenience it caused them. The Democrats lost the South because of the Civil Rights Movement.

              People like you were saying that they were right to scream about the inconvenience of the protests. People like you were saying that protest was the wrong political tactic, and that the protesters were only driving support away from their position. People like you gave moderates the moral cover they needed. Then Bloody Sunday happened, and suddenly people like you acted like you supported the protesters all along.

              Just come out and say it: You don’t think this is worth protesting.

              No more of this, “Well, gee, it’s really bad, but if you make anyone upset by protesting, the only value I will stand for is the right for people not to be inconvenienced by a protest over something I don’t think merits it.”

              At least have the courage of your convictions.

              I have plenty of sympathy for pragmatic arguments. But at some point, winning elections can’t be the only thing that matters. And — perhaps more relevant to a pragmatist — with enough support among the left, arguments of the type, “think about how this will play with people who don’t have a strong opinion about blocking immigration on the basis of the immigrants’ religion”, themselves become the moral underpinnings of the xenophobia itself: “If all these people on the left care more about how they are perceived than about the seriousness of tossing the First Amendment in the trash, how serious can it really be?”

              • King Goat

                I just finished reading book two of Lewis’ March. There’s a section where he talks about how the protests were attracting ‘undisciplined’ protesters, by which he meant impolite. They sent them away…

                The successful civil rights protestors dressed in their Sunday best, targeted segregators, and asked politely for things like bus tickets and lunch. They would have been the moderates to someone like you. It was later we got more confrontational tactics, with the ‘black power’ movements, which accomplished little politically and helped feed a backlash we’re still suffering politically from to this day.

                Trump loved the BLM and other protestors that rushed his stage and disrupted his meetings. He brought them up all the time. It’s that which enabled his rise

                • To say the least, this is some very sketchy history of civil rights and Black Power you are providing here. Me thinks you actually know next to nothing about how Black Power operated outside of some stereotypes.

                  Also, putting Black Power in scare quotes is borderline racist.

                • Jordan

                  borderline racist

                  well, thats King Goat in a nutshell.

                • King Goat

                  “putting Black Power in scare quotes is borderline racist.”

                  I realize that might be an easy go-to charge you have for those who disagree with you, but given people writing today use single quotes for all kinds of reasons that’s a sloppily irresponsible charge to make. All I meant by it was the the ‘black power’ movement was an important but amorphous movement shift.

                  “some very sketchy history of civil rights and Black Power you are providing here”

                  It’s a blog post comment, so of course it misses a fair amount of nuance. But do you really refute that the later, more confrontational tactics was responded to with a backlash still felt today?

                • It’s a blog post comment, so of course it misses a fair amount of nuance. But do you really refute that the later, more confrontational tactics was responded to with a backlash still felt today?

                  Yes.

                  The major reason for white backlash was the demands of civil rights leaders in the North and in the West that schools and neighborhoods and housing be desegregated in those areas. By challenging white privilege outside the South, it turned whites who might have been sympathetic to civil rights into the South into worrying about little Becky in school or worrying about their property values. Black Power marches and displays are just background noise.

    • Hogan

      Other than nominating Kirsten Gillibrand in 2016, what’s your plan?

      • King Goat

        Plan one, don’t come off as jerks. That’s not going to help politically.
        If you’re going to ‘shut down’ people don’t do it to people who may or not be the enemy. Because few people you jam up are going to turn around and like you, and by extension your cause, for it. Go shut down an ICE office or something.

        Plan two is never forget the real work will be election related. Go volunteer for upcoming local elections. Raise money for them. Work within the party to make changes in structure and your compatriots minds so we don’t choose candidates that lose to someone like Trump. Work phone banks and door to door. It’s not sexy, and you won’t feel like your today’s John Lewis, but in the end it’s what matters.

        • Little Chak

          Ah, so you’re ignoring or rejecting the evidence Loomis posted that the protests have directly led to people getting more involved in their local political organizing. That’s awesome.

          • The number of liberals who are determined that protest is the worst thing in history is really remarkable. And depressing because it flies so obviously in the face of a century of social change.

            • King Goat

              Some protests do good, some are counterproductive. It often seems like many activist leftists don’t think about the latter, and/or if they do they’re terrible at it.

              Again, when you disrupt people randomly, generally, you are rarely going to have them become more sympathetic to you. It’s mind boggling that’s so controversial.

              • White Selma was ready to be sympathetic to civil rights, but the protestors got in the way of cars wanting to cross the Edmund Pettis Bridge and they voted for George Wallace the rest of their lives.

                • King Goat

                  Those protests were not about changing the white people of Selma’s minds, but white people outside of Selma to bring pressure on the white people of Selma. Do you deny they took strong efforts to come across palatable to the middle class values of those white Americans?

        • Tristan

          Plan one, don’t come off as jerks.

          That is literally not a plan.

        • King Goat talks about the “real work” being election related. Does KG seriously imagine, even for a split second, that if every one who opposes Trump focuses on being “inoffensive” and “civil” and sticks to writing letters to the editor and merely going through the motions of opposing Republican depredations without actually taking any risks that this is going to mobilize or inspire large numbers of people to turn out to organize to elect Democrats to office? King Goat’s stance is a recipie for paralysis for the next three years in the forlorn hope that somehow, on their own, the electorate will turn on Trump for being a jerk and the Democrats will therefore win essentially by being the people who did nothing much to oppose Trump in office but at least they ‘re more mature and informed and not quite as nasty. I seriously doubt that this will mobilize the energy and votes needed for electoral victory.

  • nasser

    Comparing Donald Trump to Adenoid Hynkel is very unfair to Hynkel. At least his hair was real and not the color of radioactive orange Hi-C.

  • JR in WV

    Great piece, Prof. Loomis. However, I would like to suggest a change in wording:

    ICE is an out of control agency of the government that needs our full attention. It and its agents are the enemies of everything that liberals and the left Americans should hold dear and until that agency undergoes massive reforms and we force it to take accountability for the racism of its agents, it won’t hardly matter who is president to a lot of the people attempting to come to the United States.

    After all, Americans should stand up for the American way, and ICE doesn’t seem to work according to the American way at all!

    • Dennis Orphen

      Can I get that with a side of Truth and Justice?

      • JR in WV

        Probably not at this time. Seems to be in short supply, really.

    • superkooter

      Being an illegal is a crime, they are enemies of the state.

      • You do remember who used to call political opponents “enemies of the state”? It’s not language anybody even weakly committed to democracy and human rights could ever use.

  • EvanHarper

    The legal rationale for this is still extremely shaky

    8 U.S. Code § 1182 (f) gives the President the maximum possible discretion to restrict aliens’ entry in the United States. The only reason there’s any case against the executive order at all is that Trump actually went out of his way to describe the intent of his facially legal action in unconstitutional terms. It’s a truly strange situation and if the rulings ultimately go against Trump it will be based on legal arguments that have never before been tested. Please don’t misinform your readers based on what you’d like to be true.

    • He did indeed go out of his way to describe his motives in unconstitutional terms. That has not been changed by act of watering down some provisions of the EO. The idea that there is some overriding security need to do this is risible, and as I understand it, that is the sole legal basis for granting the President such wide discretion on customs and immigration policy.

      • EvanHarper

        The sole legal basis is the law that clearly authorizes the President to do this. Courts are absolutely not empowered to rule on whether it was wise or necessary for security reasons for Congress to make this delegation of power. They did so. The power was delegated. Courts are only able to strike down specific applications of this power, that the President does unquestionably have as a general rule, if the specific applications are found to violate higher Constitutional prohibitions.

        What’s weird is that LGM as a whole has been pretty good about describing the legal situation around this ban in accurate terms. Loomis, on the other hand, has a tendency to determine the facts of a case based on his prior political commitments. In this as in so many other examples…

  • I’ve been a little bit concerned in the last couple of weeks that things seem to be going back to normal for a lot of liberals,

    I worry that Trump has so altered the equation that we will have no idea what the fuck normal even is anymore. It’s like we’re all trapped in Trump’s mind in some real world version of Legion.

  • superkooter

    Very happy with trump so far. I hope he keeps going.

  • GeorgeBurnsWasRight

    That the administration has ordered Homeland Security employees to work from home on Monday suggests to me that a) this is going to be a really bad order and b) they are expecting massive protests. We should be ready for those protests.

    If I might express my inner paranoia, there’s c) Trump plans to blame HS employees for “leaks” and replace them all with people he can trust, or d) Trump plans to blame HS employees for “leaks” and suspend them all until they individually pass loyalty tests.

  • Lost Left Coaster

    Looks like it is time for some troll cleanup in this thread.

    • efgoldman

      Looks like it is time for some troll cleanup in this thread.

      At least he’s not openlu racist………

      .
      .
      .
      .
      .
      .
      So far

      • ColBatGuano

        It’s coming.

      • The Great God Pan

        Check his twitter account under the same name for a taste.

        • vic rattlehead

          That’s what man looks like when he’s become UNCUCKED

    • Warren Terra

      It could be fun if there were any reason to thing the fellow would argue their positions, but they seem to just be cheerleading for the Trumpster Fire.

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