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History’s Rhyme, Part 5: Bad Faith, Unauthorized Acts and Crimes Against Humanity

[NB: Check the byline, thanks! /~Rayne]

It’s time to revisit the ongoing comparison of Nixon’s Articles of Impeachment with possible Articles against Donald Trump. Previous posts in this series:

History’s Rhyme: Nixon’s Articles of Impeachment — focus on Obstruction of Justice

History’s Rhyme, Part 2a: ‘Abuse of Power’ Sounds So Familiar — Abuse of Power (may include Public Corruption)

History’s Rhyme, Part 3: How Nixon’s Impeachment Unfolded — Watergate and Nixon’s near-impeachment timeline

History’s Rhyme, Part 4: Contempt Then, Contempt Now — focus on comparing charges of Contempt of Congress between Nixon and Trump.

An expansion of Part 2 into 2b addressing more abuses of power is planned in the near future. Trump continues to rack them up.

As noted in previous posts in this series, the House Judiciary Committee prepared five Articles of Impeachment against Richard M. Nixon during the course of its impeachment inquiry. Only three of the five were passed out of committee and approved by Congress. We all know Nixon resigned before the House could vote on the three approved articles.

The fourth article which was not approved pertained to Nixon’s Operation Menu — the covert bombing of Cambodia. Congress, which has the sole power to declare war, had not expressly approved this in its 1964 Gulf of Tonkin resolution. The bombings went unreported for four years and contributed to the destabilization of Cambodia.

A fundamental problem with this Article was that Congress bore some of the blame for the bombing; the Gulf of Tonkin resolution was written in such a way that it didn’t expressly preclude bombing of neighboring nations along the border with Vietnam. The resolution also did not constitute a declaration of war against North Vietnam, authorizing instead the use of military force to meet its obligations under the Southeast Asia Collective Defense Treaty. The legality of the military action in Vietnam was on thin ground, making action on any neighboring country even more questionable.

~ ~ ~

It’s not impossible this very same challenges will form the basis for another Article of Impeachment against Trump should he pursue military action against Iran without adequate approval from Congress.

But we already have seen Trump take action without Congressional approval and without the support of existing legislation behind him, beginning with his first week in office. His Executive Order 13769 to begin a Muslim travel ban was illegal; he persisted in pushing a ban focusing on Muslims with subsequent Executive Order 13780 and Presidential Proclamation 9645 until his Departments of Justice and Homeland Security arrived at restrictions which met the letter of existing law according to a now-stacked and partisan Supreme Court after several lawsuits. This is not a faithful execution of the law — 8 U.S. Code § 1158.Asylum — it’s whack-a-mole with innocent humans as collateral damage for no constructive reason or benefit to this country.

The sole benefit of the persecution of asylum seekers has been to curry favor with Trump’s voting base with campaign promises to stop them — and that’s corrupt.

When acting Attorney General Sally Yates announced the Department of Justice would not enforce the Muslim travel ban three days after Trump signed Executive Order 13769, she explained that the ban was not lawful. Trump rejected this opinion and fired her instead of relying on her expert opinion. He had to be told repeatedly by federal judges his executive order was not enforceable because it was unlawful.

People were detained unlawfully. People were unable to travel freely. The primary reason for their restriction was their religious identity — a violation of the First Amendment and its protections of religious freedom. It was a fundamental human rights violation under the Universal Declaration of Human Rights to which the U.S. is a signatory.

Trump’s introduction of a “zero tolerance” policy implemented during the first months of his term in office has also denied freedom of movement to persons seeking asylum at the border. The policy’s implementation resulted in systematic crimes against humanity including enslavement; deportation; imprisonment; torture; sexual assault including rape; persecutions on political, racial and religious grounds; other inhumane acts.

None of this was authorized by Congress; none of this is in 8 U.S. Code § 1158. These acts also violate numerous U.S. laws as well as treaties. While there is not currently a treaty on crimes against humanity, Trump’s bad faith execution of U.S. law and existing treaties like the Convention Relating to the Status of Refugees and the U.N. Convention Against Torture spell out many of these crimes.

Again, Congress did not authorize acts like:

— separating children from parents or guardians;

— holding children in cages;

— trafficking separated children into unauthorized adoptions without parental or guardian consent;

— deportation of minors without parent or guardian;

— failure to track minors so they can be reunited with parents and/or guardians;

— failing to provide reasonable care including adequate food and water, bedding, hygiene, heat and cooling, health care;

— transporting detained persons without notification to parents, guardians, family members;

— refoulement – deporting asylum seekers back to the place they fled;

— forced labor.

Nothing in U.S. law or treaties to which the U.S. has been a party or signatory authorizes this kind of treatment.

Further, Trump’s bad faith execution exacerbates a long-term problem with Immigration and Customs Enforcement (ICE) — too many U.S. citizens have been denied their rights, stopped, interrogated, detained, and treated like aliens simply because they were not white.

Trump also systematically defies a court order issued in June 2018 prohibiting further separations of minors from their families at the border and instructing the Department of Homeland security to return minors to their families. The Trump administration weaseled around the court order, detaining entire families at military facilities — new concentration camps — while DHS continued to separate families on an irregular basis.

We’ve seen evidence of this systematic lawlessness based on inspections by Congressional tours of detention facilities — concentration camps in which asylum seeking minors were denied reasonable “safe and sanitary” conditions.

The number of illnesses and deaths attributable to Trump’s “zero tolerance” policy may never be fully known because the administration has done so much to avoid monitoring and oversight.

~ ~ ~

Other deaths which can be wholly attributed to Trump’s bad faith in executing his office are those of 2,975 Americans who lived in Puerto Rico (pdf) when Hurricane Maria hit the island in 2017.

He had to be shamed into dispatching a U.S. Navy hospital ship to provide emergency health care even though the vessel had been waiting well in advance of the hurricane’s strike. It took nearly six weeks after it was dispatched for the vessel to berth and begin delivering care, though the Navy knew in advance of the hurricane that Puerto Rico might need medical support.

The manner in which the emergency aid was provided to the island was grossly negligent when not outright malignant — like the bottles of water left to sit on a tarmac for a year after the storm, or the recall of the hospital vessel U.S.S. Comfort long before its services were no longer needed, or the lack of effort on the White House’s part to work with Congress to assure aid money would be allocated and distributed in a timely basis.

Puerto Ricans were denied their right to equal protection under the law; they were not accorded the same access to federal aid as mainland citizens, in contrast to the assistance received by other Americans after Hurricane Harvey, Irma, and Michael in 2017-2018.

And none of this had the imprimatur of Congress.

~ ~ ~

Unlike Nixon’s Operation Menu which only lasted 14 months, Trump’s derogation of Congress’s authority through his bad faith execution of laws is now into its 33 month. His malign acts increase in depth and breadth, now including the wretched refusal of Bahamians fleeing their hurricane devastated country, continued separation of families including Bahamian children.

And now an even more evil effort has begun: Trump wants to round up homeless people regardless of their citizenship and house them in unused Federal Aviation Administration facilities (read: place them in concentration camps).

There are homeless who work in Silicon Valley, homeless only because there isn’t affordable housing. Will he stop at them? Is he doing this to line his pockets in some way or as a campaign promise not shared with the public?

How has his effort combined with that of his cabinet secretary Ben Carson done anything to improve access to affordable housing when they are undermining civil rights protections for marginalized groups?

None of this effort targeting California’s homeless has been adequately debated by Congress let alone codified by law.

Will Congress do nothing at all to stop this creeping and inhuman fascism, these sustained attacks on human rights of citizens and non-citizens alike?

The 93rd Congress may not have passed the fourth Article of Impeachment against Nixon, but at least they understood and grasped the executive could and must be removed with the three articles they passed. It’d be nice if the 116th Congress was less supine.

Angry Mom: Hey Attention Deficit Media, Catch a Clue!

I don’t even have a real post for this. I am so goddamned angry right now. Apparently the news media needs a recap on priorities.

There are thousands of children kidnapped by this administration, being trafficked under the guise of immigration control and border protection, shoved into all manner of care situations.

They don’t have anything to give them comfort; they are being permanently damaged at the cellular level by the stress they’ve been placed under by a heartless, thoughtless, incompetent bureaucracy.

There is no assurance so far that they are being tracked in any way.

There is no assurance they are not being abused.

Their parents are worried sick and equally damaged by these kidnappings, with no assurance they will ever be reunited with their children.

All for a misdemeanor offense of crossing a border in order to file for asylum.

The administration is making zero effort to address the root problems causing these refugees when they could be talking bilaterally with Mexico and Central American countries — they are simply not acting in good faith in any way.

The White House wants to rob Peter to pay Paul, expecting Defense Department to domestic policing.

We’re looking at executive-sanctioned kidnapping. Child abuse. Genocide by separation. Violation of Posse Comitatus Act. Possible human trafficking to unknown entities outside of government custody.

And the goddamned news media is chasing Trump’s human shield — the illegal immigrant who became legal by sleeping with a rich white dude — because of her idiotic attire. Be fucking best, indeed.

PAY ATTENTION, DAMN IT.

Where are the girls, the babies, all of the children? Where are the sick ones? And where are the dead ones?

Democratic elected officials have been trying to get answers, but they are denied access. A bipartisan group of mayors was refused access today in Texas. There’s too little coverage of this systematic denial preventing us from knowing what’s been done in our name with our tax dollars.

Do your damned jobs, media, and catch a clue. Quit chasing a deliberate distraction. There is nothing going on in or around that cheap women’s jacket which will solve the massive human-caused humanitarian disaster under way.

____

Use this as an open thread. Emphasis on media failures under the Trump administration, please.

Angry Mom: Hiding the Trumpian Genocide’s Records

When I think can’t get any angrier at this miserable excuse for governance, the Trump administration proves there isn’t a limit to how low they will go.

Sleazy, unlawful executive action without adequate oversight followed by a fog of obfuscation and prevarication is bad enough. The administration will now double down now to hide what it’s done and hope like hell nobody notices.

It doesn’t help that members of Congress, journalists, and the public still haven’t grasped the true nature of the crimes before them.

The Trump administration hasn’t merely ignored or broken existing U.S. laws on handling of asylum seekers. See 8 U.S. Code § 1158:

(a) Authority to apply for asylum
(1) In general
Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.

(2) Exceptions
(A) Safe third country
Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States.

(B) Time limit
Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the alien’s arrival in the United States.

There’s more but the key part in boldface above. The “zero tolerance” approach to border protection violated this code. Asylum seekers do not have to apply from outside the country; they can apply once inside the country. I’m not a lawyer but I don’t see anything here that indicates asylum seekers are suddenly not eligible to apply for asylum because they crossed the border.

And nothing in the entirety of 8 U.S. Code § 1158 indicates the government may take custody of asylum seekers’ minor children with or without force.

Note also where the asylum seekers may apply — they are NOT limited to designated ports.

DHS Secretary Nielsen’s claim that border crossers had not applied through ports of entry is a lie because it wasn’t required of them.

What happens to the children appears to fit the description of kidnapping (18 U.S. Code § 1201), including section (a)(3), an “act against the person is done within the special aircraft jurisdiction of the United States as defined in section 46501 of title 49” for those children who are flown by aircraft to other destinations in the U.S. out of their parents’ physical custody. It’s no wonder carriers like United Airlines and American Airlines wrote and published letters yesterday telling DHS to stop using their services for moving the children across the country.

The conditions in which many of the children have been placed also appear to be abusive; based on the children seen so far there are reports of not enough food, sedation, restraints, disruption to sleep habits, etc.

But that’s not the end of it. The entire separation of children from their families appears to be genocide under The Convention on the Prevention and Punishment of the Crime of Genocide which the U.S. has signed (1948) and ratified (1988):

Article 2
In the present Convention, genocide means any of the following acts committed
with intent to destroy, in whole or in part, a national, ethnical, racial or religious
group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about
its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

We have not yet seen evidence of child deaths, but section (b) is likely and (e) of Article 2 is definite — the children are now in custody of the United States government and disbursed to others’ care.

Wednesday’s executive order does nothing to remedy the situation. It doesn’t even stop the separation of children from families due to its murky wording. It exacerbates the problem by foisting some of the responsibility on the military, placing the Defense Department at odds with the Posse Comitatus Act (18 U.S. Code § 1385) as the EO expects the military to perform a domestic function — DHS’ border patrol and immigration services — which is not in response to a natural disaster.

(Oh, this is definitely a disaster, but it is human made.)

Ordering the military to provide assistance also draws defense resources away from where they may be needed, potentially creating security risks.

And yet this is not enough insult. DHS’ Immigration and Customs Enforcement (ICE) asked the National Archives and Records Administration (NARA) last year if it could change its record retention practices, according to The Memory Hole:

Immigration and Customs Enforcement (ICE) has asked for permission to destroy all its documents about the deaths of detained immigrants in custody 20 years after a case is “closed.” (Deaths in ICE custody are almost always investigated by ICE itself. A minority are investigated by the Department of Homeland Security’s Inspector General. [report])

Similarly, ICE wants to destroy all its documents about sexual assaults of detained immigrants in custody. The time frame is 20 years after a case is “closed.” (Again, ICE almost always investigates itself in these cases. The Department of Homeland Security’s Inspector General investigates around 1% of complaints/reports. [article]) NARA argues that this information is “sensitive,” implying that documents containing the identities of victims and the accused should not be kept indefinitely. ICE itself did not offer this (or any) justification.

Thankfully The Memory Hole followed up and asked for status on ICE’s request, to which NARA replied:

No final action has been taken on this schedule. NARA appraisal staff have reviewed the comments received, and held several meetings with ICE records management and program staff regarding the records being scheduled.

Proposed changes to the schedule are being reviewed internally by NARA stakeholders for internal concurrence, after which NARA will inform ICE of the required changes. NARA will then publish a follow-up Federal Register notice responding to the public comments we received. This notice will be open for public comment for 15 days from the date of publication.

But it is not yet impossible that records related to the current human-made disaster affecting thousands of children may be destroyed prematurely, depriving them of justice.

There’s simply no way that ICE should be allowed to change its records retention given the scale of the separated families disaster. And yet I have a horrible, angry feeling the Trump administration will do whatever it can to hide its role in this genocidal activity along the U.S. southwest border.

EDIT — 5:45 P.M. EDT —

I meant to add one more thing to this post. It’s imperative I add this now that the White House has tried to change the subject by using FLOTUS as a human shield with a target literally painted on her back. Do not be derailed by their bullshit. Keep asking:

Where are the girls?

Where are the babies?

Where are ALL the bodies???