AG Sessions Lawsuit and Big Win for President Trump

A 3 judge panel…unanimous decision by the way.

The program began in 2006. The Federal government created a grant assistance program for states, local and tribal governments to reduce crime and violence….let that sink it. It is called the Byrne Memorial Justice Assistance Grant Program….let that sink in….justice.

This would have been easy to argue in court actually to stop the violators from receiving the grants. Just understand the simple premise —>

BJA helps to make American communities safer by strengthening the nation’s criminal justice system: Its grants, training and technical assistance, and policy development services provide state, local, and tribal governments with the cutting edge tools and best practices they need to reduce violent and drug-related crime, support law enforcement, and combat victimization.

BJA is a component of the Office of Justice Programs, U.S. Department of Justice, which also includes the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking.

  FILE – In this Tuesday, March 20, 2018 file photo, Attorney General Jeff Sessions, left, speaks during a roundtable talks on sanctuary cities hosted by President Donald Trump, third from right, in the Roosevelt Room of the White House, in Washington. The Trump administration can withhold millions of dollars in law enforcement grants to force states to cooperate with U.S. immigration enforcement, a federal appeals court in New York ruled Wednesday, Feb. 26, 2020 in a decision that conflicted with three other federal appeals courts. (AP Photo/Manuel Balce Ceneta)

Anyway…

(AP) — The Trump administration can withhold millions of dollars in law enforcement grants to force states to cooperate with U.S. immigration enforcement, a federal appeals court in New York ruled Wednesday in a decision that conflicted with three other federal appeals courts.

The ruling by the 2nd U.S. Circuit Court of Appeals in Manhattan overturned a lower court’s decision ordering the administration to release funding to New York City and seven states — New York, Connecticut, New Jersey, Washington, Massachusetts, Virginia and Rhode Island.

The states and city sued the U.S. government after the Justice Department announced in 2017 that it would withhold grant money from cities and states until they gave federal immigration authorities access to jails and provide advance notice when someone in the country illegally is about to be released.

Before the change, cities and states seeking grant money were required only to show they were not preventing local law enforcement from communicating with federal authorities about the immigration status of people who were detained.

At the time, then-Attorney General Jeff Sessions said: “So-called ‘sanctuary’ policies make all of us less safe because they intentionally undermine our laws and protect illegal aliens who have committed crimes.”

In 2018, the Justice Department imposed additional conditions on the grant money, though challenges to those have not yet reached the appeals court in New York.

The 2nd Circuit said the plain language of relevant laws make clear that the U.S. attorney general can impose conditions on states and municipalities receiving money.

And it noted that the U.S. Supreme Court has repeatedly observed that the federal government maintains broad power over states when it comes to immigration policies.

In the past two years, federal appeals courts in Chicago, Philadelphia and San Francisco have ruled against the federal government by upholding lower-court injunctions placed on the enforcement of some or all of the challenged conditions.

“While mindful of the respect owed to our sister circuits, we cannot agree that the federal government must be enjoined from imposing the challenged conditions on the federal grants here at issue,” the 2nd Circuit three-judge panel said in a decision written by Judge Reena Raggi.

“These conditions help the federal government enforce national immigration laws and policies supported by successive Democratic and Republican administrations. But more to the authorization point, they ensure that applicants satisfy particular statutory grant requirements imposed by Congress and subject to Attorney General oversight,” the appeals court said.

The Justice Department praised the decision, issuing a statement calling it a “major victory for Americans” and saying it recognizes that the attorney general has authority to ensure that grant recipients are not thwarting federal law enforcement priorities.

The department added that the ruling’s effect will be limited because other courts have ruled the other way, giving the plaintiffs in the New York case the opportunity to point to those as reasons to ignore the new conditions.

Cody Wofsy, a staff attorney with the American Civil Liberties Union, called the decision a “real outlier,” saying he believed the 2nd Circuit was the nation’s first court to side with the Trump administration on the issue.

“Over and over, courts have said the Department of Justice doesn’t have authority under governing statutes to impose these conditions,” he said. “These conditions are part of the administration’s attempts to bully, cajole and coerce state and local governments into participating in federal immigration enforcement activities.”

Under the Constitution’s federalism principles and the 10th Amendment, Wofsy said, states and municipalities “are entitled to decline to become part of the administration’s deportation force.”

The appeals rulings pertain to the issuance of the Edward Byrne Memorial Justice Assistance Grant Program.

Bernie Sanders/AOC Manifesto

Okay, so there is now chatter that since Alexandra Ocasio Cortez is campaigning for presidential candidate Bernie Sanders, she would likely become his pick for Vice President.

AOC is much more radical for modern day political policy than Bernie Sanders, while Sanders has a deep history with communists which cannot be denied and he admits to including full support of Fidel Castro.

Is Bernie or AOC the real problem or is the scary part of all this, the supports of socialism, communism and Marxism?
If you are energetic enough to read the Communist manifesto by Marx and Engels, go here.

But to make is easier for you, a more modern day manifesto is available and it is known as Prairie Fire. Copyrighted in 1974, it is authored by four people you may recognize: Bernadine Dohrn, Billy Ayers, Jeff Jones and Celia Sojourn. Yes, The Weather Underground.

Just the preface includes in part: Prairie Fire is written to communist-minded people, independent organizers and anti-imperialists: those who carry the traditions and lessons of the struggles of the last decade, those who join in the struggles of today. Prairie Fire is written to all brothers and sisters who are engaged in armed struggle against the enemy, It is written to prisoners, women’s groups, collectives, study groups, workers’ organizing committees, communes, GI organizers, consciousness-raising groups, veterans, community groups and revolutionaries of all kinds, to all who will read, criticize and bring its content to life in practice. Prairie Fire is based on a belief that the duty of a revolutionary is to make revolution.

How many times has Senator Sanders used the term revolution or movement? Lost count also eh?

The contents of the Prairie Fire manifesto (163 pages) is quite interesting and excellent for reference. Just a few items of distinction include:

1. Arm the Spirit

2. Why Revolution is Necessary

3. The Real and Phony Energy Crisis

4. Black Resistance to Slavery and the Rise of the Abolitionist and Women’s Movement

5. Monopoly Capital

6. Imperialism Means Underdevelopment

7. Imperialism Means Racism and Genocide

8. Neocolonialism

9. Imperialism Means Sexism

10. The Palestinian Liberation Movement

Any of that in your recent memory? To review or scan the manifesto, click here.

Prairie Fire: The Politics of Revolutionary Anti ...

Bernie has a long history and this piece from the Washington Examiner complete with graphics may help with that evidence.

As for AOC, words and deeds do matter. Her reason to endorse Bernie”

“When I was a baby, my family relied on Planned Parenthood for prenatal care,” Ocasio-Cortez said. “Then, Bernie Sanders fought for me. When I was growing up and education was being gutted for kids in the ‘wrong ZIP code,’ Bernie Sanders fought for us. When I was a child that relied on CHIP [Children’s Health Insurance Program] so that I could see a doctor, Bernie Sanders fought for a single-payer health care system … Bernie Sanders did not do these things because they were popular, and that’s what we need to remember.”

“I feel decided,” Ocasio-Cortez said. “It would be dishonest of me not to let folks know how I feel about this race.”

“For me, this is not about ‘Why not any other candidate?’ ” Ocasio-Cortez said. “The fact that [Sanders] has been fighting for these issues for so long struck me in a very personal way.” Source

Gotta wonder how much of that is true since her father was an architect and she was a graduate of Boston College. Nonetheless: Ocasio-Cortez is among the first female members of the Democratic Socialists of America elected to serve in Congress. Ocasio-Cortez advocates a progressive platform that includes Medicare for all, a federal jobs guarantee, a proposed Green New Deal, abolishing the U.S. Immigration and Customs Enforcement, free public college and trade school, and a 70% marginal tax rate for incomes above $10 million. All of that was learned by her work for former Senator Ted Kennedy, Senator Bernie Sanders 2016 presidential bid and her collaboration with MoveOn, Black Lives Matters and Democracy for America.

Some interesting pieces of information right?

 

The World/Media Ignores Frozen to Death Syrian Children

Anyone remember the war in Syria? Anyone? Does anyone report the humanitarian crisis in Aleppo and Idlib where bombing continues on schools and hospitals by Russia?
Anyone?
Turkey hold several Syrian refugee camps and since December yet another 1.0 Syrians have fled on foot or by riding on the back of flatbed trucks towards the Turkey/Syria border which is essentially closed.
Remember the refugee crisis a few years ago of millions flowing into Europe? It is about to happen again, Turkey and Jordan cant handle the current refugees much less another million. Are they just to die? This atrocity all belongs to Putin and Assad and Iranian militias.

Since Dec. 1, some 900,000 people have been uprooted by violence in Syria, according to the United Nations. Now, new satellite images give a sense of scale to that crisis.

Syrian troops and the Russian air force are attempting to retake the northwest province of Idlib, the last rebel-held province in Syria’s ongoing civil war. NPR’s Deb Amos reports the offensive has killed over a thousand civilians. Many others have sought shelter near the Turkish border, the U.N. says.

Photos collected by a commercial satellite company show the refugee camps that have popped up in and around three Syrian towns near the border.

The U.N. says the majority of those who have been displaced are women and children.

“They are traumatized and forced to sleep outside in freezing temperatures because camps are full,” U.N. Under-Secretary-General for Humanitarian Affairs Mark Lowcock said Monday. “Mothers burn plastic to keep children warm. Babies and small children are dying because of the cold.”

Turkey has taken in about 3.5 million refugees. But the country says it’s at its limits.

The U.N.’s Lowcock is urging a cease-fire, saying it would be the only way to avert “the biggest humanitarian horror story of the 21st Century.” Satellite images found here.

***

A father clutching his sick daughter says they’ve been on the road for two days trying to reach safety. Where is that? He points ahead. “The camp,” he says, before rushing off.
Once independent from each other, the camps along the border with Turkey have sprawled into a massive city of semi-permanent structures. More than one million people, displaced from nine years of fighting, already live in the ever-expanding camps, which provide some semblance of security even as the freezing temperatures take their toll.
Sitting in the corner of the family’s tent, Samiya recalls the night when temperatures dipped below freezing as the last of their fuel ran out. Her seven-month-old baby, Abdulwahab, was warm when she changed his diaper and fed him that evening before putting him to sleep for the night.
Just after dawn, she woke up to the screams of her older kids. Abdulwahab’s little body was as cold and gray as the cement their tent sits on.
“I touched him and he was icy,” Samiya said. The family doesn’t own a phone, so there are no photos of Abdulwahab alive. They rushed the boy to the closest doctor, who told them he died of the cold, according to Samiya.
“It’s a hard thing, for a mother to wake up and find her son dead … I wouldn’t wish it on anyone,” she said. “I thought the children would be safe here.”

Conflict rumbles on

A short drive away, in a muddy makeshift camp near Sarmada, the conditions are miserable but a cheer goes up as people point to the sky and yell: “Regime aircraft down!”
In the distance there is an orange ball of fire falling through the sky, leaving a trail of black smoke as people look on, mesmerized.
It’s one Syrian government helicopter out of five that were in the air, and it’s been shot down by opposition fighters, according to activists from the area.
But it’s a small victory. Syrian government forces have captured most of the M5 highway that runs through the opposition-held area, which has shrunk to nearly half the size it was in 2018, when Turkey brokered a deal to set up military outposts to observe a ceasefire.
Back then it was called a de-escalation zone, but now schools and mosques have been converted into shelters, and families cram into tents as more relatives arrive. The physical claustrophobia is palpable, but it’s also psychological. More.
Once independent from each other, the camps along the border with Turkey have sprawled into a massive city of semi-permanent structures.

Iran to be Blacklisted as a Country

Financial Action Task Force, a Paris based organization will take blacklisting action on Iran this week. Finally, it appears Europe is joining the United States in this effort even while former Secretary of State John Kerry and a democrat U.S. Senate delegation met with Iranian leaders in a secret setting.
The task force designation will encompass 39 member countries and organizations where this calls for sanctions on Iran due to money-laundering, financing of terror organizations, corruption politicians, international crime, illegal arms trade and drug trafficking. It is unclear if the United Nations has offered any resistance or comment. The only other country under this full designation is North Korea, yet another 12 countries are subject to the same scrutiny and punitive actions by the task force. Banking and access to international trade will be limited or terminated in many cases completely.

Meanwhile, Russia and China have stepped in to provide more support and aid to Iran.
In an effort to preserve trade and revenue, Iran was construction a rail system into Central Asia connecting the Caspian countries of Azerbaijan, Kazakhstan, Azerbaijan, Russia, Kazakhstan and Turkmenistan. Due to US sanctions, Iran has been in a financial tailspin and construction has essentially stopped and the costs were escalating due to the difficult mountainous regions and regional politics. Enter China and Russia.

source

The project is expected to cost 1.2 billion euros ($1.5 billion) and is being financed by an export credit that Moscow has extended to Tehran. It will involve the electrification of 495 kilometers of existing line, including 203 kilometers in mountainous areas, and the updating of 31 stations and 95 tunnels. This railway segment is projected to carry up to ten million tons of cargo annually upon completion, in 2024. Russian and Iranian officials are jubilant: “All this creates conditions for the growth of goods traffic along the International North–South Transport Corridor and the intensification of economic ties in the Caspian region,” they say (Casp-geo.ru, February 18). The reasons are obvious: if this rail project is completed, Russia and Iran will be able to control much of the trade coming through or out of Central Asia, thus limiting the freedom of action of the states of that region and giving Moscow and Tehran a greater voice in Chinese decisions there (Casp-geo.ru, November 28, 2019; Ru.irna.ir, November 13, 2019).

***

Development of Xinjiang

For China, the project is extremely important due to several factors. First, it will stimulate the economic development of the Xinjiang Uygur Autonomous Region. This autonomous region of China plays a significant role in rail freight transportation on the New Silk Road. The majority of container trains from central, eastern and southern China to Europe run via Xinjiang. Its capital, Urumqi, is also an important railway hub on the corridor towards Europe.

Kashgar, one of the westernmost cities in China, could be another junction in Xinjiang. The Chinese government is discussing the construction of two railway lines from Kashgar: one westward to Kyrgyzstan and Uzbekistan, and another southward. The latter heads to Pakistan, where China Overseas Port Holding Company operates Gwadar Deep Sea Port, and where China intends to build its second, after Djibouti, overseas naval base.

New Silk Road

The second factor of success is the potential of the railway line for the New Silk Road. According to estimations, the Xinjiang – Kyrgyzstan – Uzbekistan route will shorten the route from China to Uzbekistan. Currently, containers going to this Central Asian country must cover long distances and cross the territory of neighbouring Kazakhstan.

Moreover, the railway link between China and Uzbekistan links to Iran (via Turkmenistan) and Turkey, as well as eventually to Europe, especially to Southeast Europe. With this, the route from China to Southeast Europe could be reduced up to 900 kilometres, equal to up to seven or eight days. At the same time, the new railway will allow China to better involve Kyrgyzstan and Uzbekistan into the New Silk Road.

UN Blacklists Israeli Companies

Primer:Remember the United States crafted and offered a peace agreement between Israel, Hamas, the Palestinians just a few weeks ago. Reading below, note that ‘united nations’ is hardly what this blacklist encourages.

The UN High Commissioner for Human Rights published on Wednesday a “database” of companies doing business with Israeli settlements. The list includes 112 firms, 94 of them Israeli and the other 18 from six other countries, including the United States.

International Women’s Day: Top Inspirational Women Around ... Michelle Bachelet

The database was generated pursuant to Resolution 31/36, adopted by the UN Human Rights Council (UNHRC) on March 24, 2016, which calls upon the UN High Commissioner for Human Rights to produce a “database of all business enterprises” engaged in certain settlement-related activities in “the Occupied Palestinian Territory, including East Jerusalem.”

The database, also referred to as a blacklist, is inconsistent with U.S. law and policy. U.S. law, at 19 U.S.C. 4452(b)(4), states that Congress “opposes politically motivated actions that penalize or otherwise limit commercial relations specifically with Israel, such as boycotts of, divestment from, or sanctions against Israel.”

In addition, compliance with the blacklist could be inconsistent with the U.S. anti-boycott statute (50 U.S.C 4842), which has long been used to punish compliance with boycotts (and blacklists) fostered by the Arab League.

Boycotts spurred by the UNHRC and its blacklist would likely also run afoul of some or all of the two dozen U.S. state laws that require divestment from companies that boycott Israel (in some cases specifically defined to include Israeli settlements).

Compliance with a boycott fostered by the UNHRC and its blacklist may also cause U.S. companies to run afoul of the U.S. Treasury Department’s separate antiboycott regulations. The regulations implement the Ribicoff amendment to the Tax Reform Act of 1976. Internal Revenue Code section 999 requires U.S. taxpayers to report whether they (or corporations they control) have participated in or cooperated with boycotts not sanctioned by the U.S. government. According to the Treasury, U.S. persons who participate in such boycotts “may be subject to penalties that reduce their foreign tax credit, the benefits of foreign sales corporations, and the deferral available to U.S. shareholders of controlled foreign corporations.”

The blacklist also lacks a basis in international law. Indeed, international law does not prohibit business in disputed territories. Nor is doing such business inconsistent with the principles of corporate social responsibility (which are non-binding). That is the official view of the United Nations, expressed in its Global Compact document titled “Guidance on Responsible Business in Conflict-Affected and High-Risk Areas: A Resource for Companies and Investors.”

Finally, the legitimacy of the database is also thrown into doubt by the very makeup of the UNHRC, which includes as members many of the world’s worst human rights violators. Current UNHRC members sitting in judgment of Israel include the Democratic Republic of the Congo, Eritrea, Libya, Pakistan, Sudan, and Venezuela.

There are more than 100 territorial disputes in the world today, including in Crimea, Cyprus, Kashmir, Nagorno-Karabakh, Tibet, and Western Sahara. Yet only the West Bank and East Jerusalem were singled out for such a database. The decision to focus on Israel raises the question of whether the database is really about human rights, or rather about hypocritically bashing Israel.

***

The list identified companies listed in the United States, France, the Netherlands, Luxembourg, Thailand and Britain.

Inclusion on the list had no immediate legal implications for the companies. But the issue is highly sensitive as companies named could be targeted for boycotts or divestment aimed at stepping up international pressure on Israel over its West Bank settlements.

Israeli President Reuven Rivlin expressed solidarity with the named businesses, saying, “Boycotting Israeli companies does not advance the cause of peace and does not build confidence between the sides.”

“We call on our friends around the world to speak out against this shameful initiative which reminds of dark periods in our history,” he added.

Israeli Prime Minister Benjamin Netnayahu said, “Whoever boycotts us will be boycotted. The UN Human Rights Council is a biased body that is devoid of influence. Not for nothing have I already ordered the severing of ties with it. It was also not for nothing that the American administration has taken this step together with us. In recent years, we have promoted laws in most US states, which determine that strong action is to be taken against whoever tries to boycott Israel. Therefore, this body is unimportant. Instead of the organization dealing with human rights, it only tries to disparage Israel. We strongly reject this contemptible effort.”

The head of Israel’s centrist Blue and White party — ex-IDF Chief of Staff Benny Gantz — tweeted, “A dark day for human rights. The UN high commissioner for human rights has lost touch with reality.”

Hillel Neuer — executive director of the Geneva-based UN Watch NGO — tweeted, “The list has no precedent & turns the UN into Ground Zero for the global anti-Israel boycott campaign.” More here.