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Tag Archives: DOJ

Domestic Terrorism – Minnesota Mosque Bombing

If a Muslim threw a rock at an evangelical church, do you actually believe the white-wing press, from Faux News on down would be screaming “hate crime”?

They would be screaming Islamic Terrorism at the top of their hyperventilated lungs.

Knowing it is Session’s DOJ investigation surely warms the perps hearts.

Remember the pictures back during Katrina where the MSM described black people taking food and water from stores as “looting”, and white people doing the same thing as “foraging”?

 

 

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The White-Right’s College Problem

Back when California resegregated their schools with Prop 209, the college population in California was nearly 85% white. Blacks and Hispanics made up about 8% of the student body.

That was apparently too much for the white-right racists. With the passing of the anti-black/Hispanic student bill which supposedly “saved” college spots for “qualified” white kids…

The University System started “High Stakes” testing as a tool of selecting students for admission.  The white population enrollment dropped to about 30%. At elite institutions like Berkeley the white student level dropped to 24%, while the school is now majority Asian (East and South).

Wow…That sure was successful in promoting unqualified white privilege.

So now we have “confederate Jeb Sessions” again trying to prevent schools from enrolling black and Hispanic students.

 

 

 
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Posted by on August 3, 2017 in The Definition of Racism, The New Jim Crow

 

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Lighting a Short Fuse – the Chumph Goes After the LGBQT Community

In a tweet more likely aimed at diverting the public’s attention away from Chumph crimes and failure to pass legislation, the punk-in-charge decides to take on the most powerful minority in America – the LGBQT community.

Bad move.

Out trots whipping boy Sessions to defend the Chumph’s attack on Transgender Military personnel and to try and overturn Civil Rights Law banning discrimination against the LGBQT community.

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Trump Administration Argues Federal Civil Rights Law Does Not Protect Gay Employees

 

On Wednesday, the Department of Justice filed an amicus brief in the 2nd U.S. Circuit Court of Appeals arguing that Title VII of the Civil Rights Act of 1964 does not prohibit discrimination against gay and bisexual employees. The DOJ’s brief was not solicited by the court or any party to the case. Rather, in an unusual move, the Trump administration elected to weigh in with an aggressively anti-gay stance, arguing that gay Americans have no protection against workplace discrimination under federal law. Its decision is unsurprising in light of Attorney General Jeff Sessions’ vigorous opposition to LGBTQ rights.

Title VII does not explicitly outlaw sexual orientation discrimination in employment. However, it does forbid “discrimination … because of sex.” which the Equal Employment Opportunity Commission interprets to encompass anti-gay discrimination. For at least 15 years, many federal courts have agreed, and in April, the 7th U.S. Circuit Court of Appeals ruled that Title VII does, indeed, protect gay employees. Both the 7thCircuit and the EEOC relied on three theories of sex discrimination:

1. “But-for” sex discrimination

This theory holds that anti-gay discrimination qualifies as sex discrimination because, but for the gay person’s sex, she would not be discriminated against. Imagine, for example, that a homophobic employer fires a female worker because she marries a woman. But for that worker’s sex, she wouldn’t have been fired: Her boss has no issue with men marrying women, only women marrying women. The employee’s sex was fundamental to the discrimination she suffered—so it can therefore aptly be described as sex discrimination.

2. Sex stereotyping

The Supreme Court held in 1989’s Price Waterhouse v. Hopkins that sex stereotyping is a form of sex discrimination. Thus, when an employer mistreats a worker because she fails to conform to certain gender norms, it has engaged in discrimination “because of sex.” Initially, sex stereotyping was applied to masculine women and feminine men. But as the 7th Circuit pointed out, gay people are “the ultimate case of failure to conform” to sex stereotypes, which, in America, have historically held that men should date only women and women should date only men. By intimately associating with people of the same sex, gay individuals violate this stereotype. And so, when they are discriminated against because of their sexual orientation, they have suffered sex stereotyping.

3. Associational sex discrimination

Under this theory, anti-gay bias constitutes sex discrimination in much the same way that anti-miscegenation laws constitute racial discrimination. The Supreme Court has held that when a state prohibits a white person from marrying a black person, it has engaged in discrimination because of race. Similarly, the 7th Circuit ruled that when an employer mistreats a gay person for associating with a partner of the same sex, it has engaged in discrimination “because of sex.” Consider, for instance, a gay man who places a photo of his husband on his desk at work, and is fired for it. In effect, his employer is punishing him for being a man and intimately associating with another man. Change the sex of one partner and the discrimination disappears. This reveals, as the 7th Circuit wrote, that “the discrimination rests on distinctions drawn according to sex.”

This fall, the full 2nd U.S. Circuit Court of Appeals will evaluate these theories after the circuit’s chief judge essentially urged the court to adopt them. It is this litigation that spurred the Justice Department to declare that Title VII does not, in fact, protect gay employees. (Under President Barack Obama, the agency took no position on the matter, although it did determine that Title VII protects transgender workers.) By filing this brief, the DOJ has created an odd situation in which one federal agency (the EEOC) disagrees with another (the Justice Department) in federal court.

The DOJ’s primary argument is that Congress’ failure to add “sexual orientation” to Title VII—either in 1964 or in the years since—proves that the law does not currently cover gay employees. This theory is rather strange because the absence of legislative action is not typically considered to be a useful tool of statutory interpretation. Congress’ failure to act could mean that it does not wish for Title VII to encompass sexual orientation. But it could also mean that Congress believes the law already protects gay employees. More than 125 members of Congress recently signed a brief asserting their belief that Title VII currently bars sexual orientation discrimination. At the very least, the absence of clear legislative guidance on the matter is obviously ambiguous.

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To repudiate the three theories of sex discrimination listed above, the DOJ deploys some extremely questionable logic:

  • In response to the “but-for” theory, it argues that homophobic employers discriminate against gay men and women equally, taking sex out of the equation. But sex cannot be removed from the equation. When an employer discriminates against a white woman for dating a black man or vice versa, it is still guilty of race discrimination: Race was obviously the key factor in its discrimination. Similarly, when an employer discriminates against a man for dating a man, it is guilty of sex discrimination, because sex was the foundational element of its bias.
  • In response to the sex stereotyping theory, the DOJ argues that gay men and lesbians may only raise a claim of sex stereotyping if they face discrimination because of their mannerisms—not because of their sexual orientation. So, according to the DOJ, a lesbian who “has masculine manners or clothing” may raise a sex stereotyping claim, but a traditionally feminine lesbian may not. Likewise, an effeminate gay man may suffer sex stereotyping, but a traditionally masculine gay man does not. To reach this conclusion, the DOJ asserts that employers may hold “moral beliefs” about sexuality that “need not be based on views about gender at all.” This argument simply defies logic. Homophobic employers may well hold “moral beliefs” about gay men and women. But those beliefs are always rooted in a stereotype about how men and women should behave.
  • In response to the associational discrimination theory, the DOJ argues that discrimination against gay people based on their intimate associations is unlike discrimination against interracial couples. The brief insists that discrimination against interracial couples is rooted in a belief that one race is superior to the other—and that true sex discrimination is similarly rooted in beliefs that one sex is “inferior.” But this presumption is utterly incoherent. Everyone knows that interracial marriage bans constitute race discrimination because they take the race of each partner into account. It’s no different with anti-gay discrimination: When an employer discriminates against a gay person, it is objecting to his intimate association with someone of the same sex. You simply cannot escape this fundamental sex-based consideration, which Title VII proscribes.

The left-leaning 2nd Circuit is almost certain to side with the EEOC and against the DOJ. But this fight is ultimately heading to the Supreme Court—and the Trump administration has now signaled loudly that it will encourage the justices to rule against gay employees. That may be disappointing to civil rights advocates, but it is not devastating to the cause. With arguments this unintelligible, the Justice Department seems unlikely to change anybody’s mind.

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Special Counsel Investigation of Chumph Brings Serious Legal Heat

Meuller isn’t playing around. The level of prosecutorial heat being brought to this investigation would melt most evil-doers on the spot.

As further evidence that there is some “there there” in the investigation of the Chumph’s treason, mob activities, and obstruction of justice – Mueller has recruited a murderer’s row of some of the top prosecutorial legal talent in America.Those guys quite simply – wouldn’t be there unless there was ample evidence of the “dirty”. Too bad Kamala Harris is a Senator I’d  love to see she and Preet” Bharara on the same team on this.

No wonder the Chumph can’t get a top law firm to sign on to defend him…Not only does he stiff lawyers (and everyone else) on paying them for their work…The opposition this time is real, and the Chumph can’t escape because he has more money than the poor guy.

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The Man Investigating Donald Trump’s Russia Connections Is Assembling a Murderer’s Row of Prosecutors

They include men and women responsible for bringing down Nixon, Enron, and the mafia.

As Donald Trump and company continue their audacious plan to humiliate each and every American with their constant incompetence, one man is pushing to find the truth about the president and his cronies’ connections to Russia and their clumsy, foolish, shockingly transparent attempts to cover up any wrongdoing. That man is Robert Mueller, the special counsel appointed by the Justice Department to lead the investigation, and a new story from Politico paints an interesting portrait of the team Mueller is assembling. In fact, I’m pretty sure, if I were Donald Trump, that this news of this team would make me very, very nervous.

He already has picked three former colleagues from his last job as a partner at the Wilmer Cutler Pickering Hale & Dorr law firm: Aaron Zebley, who also was Mueller’s FBI chief of staff; Jeannie Rhee, a former DOJ attorney; and Quarles, who got his start in Washington some four decades ago as an assistant Watergate prosecutor.

But Mueller’s biggest hire to date was [Andrew] Weissmann, who is taking a leave from his current post leading the Justice Department’s criminal fraud section. The two men have a long history together at the FBI, where Weissmann served as both the bureau’s general counsel from 2011 to 2013 and as Mueller’s special counsel in 2005.

Weissmann’s prosecution record includes overseeing the investigations into more than 30 people while running the Enron Task Force, including CEOs Kenneth Lay and Jeffrey Skilling. And while working in the U.S. attorney’s office in the eastern district of New York, he tried more than 25 cases involving members of the Genovese, Colombo and Gambino crime families.

Imagine being a president and a corrupt businessman who potentially is at the head of an immense conspiracy. Your life is full of paranoia. You don’t know whom to trust. The people around you are constantly trying to manipulate you. You’re out of your depth in most meetings. The media won’t stop talking about the scandal you’re at the center of, but you hope against hope that you’ll wake up tomorrow and it’ll just go away.

And then you find out the guys who are investigating you are people who have literally brought down presidents and corrupt businessmen. That’s the situation our president finds himself in now. And if we’ve learned anything from the past two years of Donald Trump’s political career, it’s that there’s nothing this guy handles worse than pressure. I have no doubt that we’re only days away from a Twitter rant about how these guys are losers who should be deported for being FAKE NEWS or something equally stupid.

 

 

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It is Time to Remove Sessions

It is time for Congress to take up the issue of the removal of Attorney General Jeff Sessions. The legal basis for doing so is comprehensive –

  1. Jeff Sessions perjured himself in testimony about his Russian meetings before Congress
  2. There is is direct evidence of multiple meetings between Sessions and Trump’s Russian ally on at least 2 occasions, and possibly 3-4. None of these meetings as Sessions has claimed (again – perjury) had anything to do with his role as Senator
  3. Sessions stonewalled Congress using the legally non-existent justification of his non-existent Executive Privilege in testimony this week. For the Attorney General to use an unconstitutional and illegal tactic to cover up in testimony is another form of perjury
  4. Sessions was part of the Chumph’s team decision to fire Comey, violating his statement of “recusal” from the Trump-Russia collusion investigation

Democrats should make Sessions removal an absolute priority, and should be using any method necessary to short circuit Sessions dismantling og Civil Rights and along with it Voting Rights.

The Sessions is doing his best to protect his white supremacist and KKK favorites.

Trump administration quietly rolls back civil rights efforts across federal government

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or decades, the Department of Justice has used court-enforced agreements to protect civil rights, successfully desegregating school systems, reforming police departments, ensuring access for the disabled and defending the religious.

Now, under Attorney General Jeff Sessions, the DOJ appears to be turning away from this storied tool, called consent decrees. Top officials in the DOJ civil rights division have issued verbal instructions through the ranks to seek settlements without consent decrees — which would result in no continuing court oversight.

The move is just one part of a move by the Trump administration to limit federal civil rights enforcement. Other departments have scaled back the power of their internal divisions that monitor such abuses. In a previously unreported development, the Education Department last week reversed an Obama-era reform that broadened the agency’s approach to protecting rights of students. The Labor Department and the Environmental Protection Agency have also announced sweeping cuts to their enforcement.

“At best, this administration believes that civil rights enforcement is superfluous and can be easily cut. At worst, it really is part of a systematic agenda to roll back civil rights,” said Vanita Gupta, the former acting head of the DOJ’s civil rights division under President Barack Obama.

Consent decrees have not been abandoned entirely by the DOJ, a person with knowledge of the instructions said. Instead, there is a presumption against their use — attorneys should default to using settlements without court oversight unless there is an unavoidable reason for a consent decree. The instructions came from the civil rights division’s office of acting Assistant Attorney General Tom Wheeler and Deputy Assistant Attorney General John Gore. There is no written policy guidance.

Devin O’Malley, a spokesperson for the DOJ, declined to comment for this story.

Consent decrees can be a powerful tool, and spell out specific steps that must be taken to remedy the harm. These are agreed to by both parties and signed off on by a judge, whom the parties can appear before again if the terms are not being met. Though critics say the DOJ sometimes does not enforce consent decrees well enough, they are more powerful than settlements that aren’t overseen by a judge and have no built-in enforcement mechanism.

Such settlements have “far fewer teeth to ensure adequate enforcement,” Gupta said.

Consent decrees often require agencies or municipalities to take expensive steps toward reform. Local leaders and agency heads then can point to the binding court authority when requesting budget increases to ensure reforms. Without consent decrees, many localities or government departments would simply never make such comprehensive changes, said William Yeomans, who spent 26 years at the DOJ, mostly in the civil rights division.

“They are key to civil rights enforcement,” he said. “That’s why Sessions and his ilk don’t like them.”…

On March 31, Sessions ordered a sweeping review of all consent decrees with troubled police departments nationwide to ensure they were in line with the Trump administration’s law-and-order goals. Days before, the DOJ had asked a judge to postpone a hearing on a consent decree with the Baltimore Police Department that had been arranged during the last days of the Obama administration. The judge denied that request, and the consent decree has moved forward.

The DOJ has already come under fire from critics for altering its approach to voting rights cases. After nearly six years of litigation over Texas’ voter ID law — which Obama DOJ attorneys said was written to intentionally discriminate against minority voters and had such a discriminatory effect — the Trump DOJ abruptly withdrew its intent claims in late February….More

 

 

 

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Won’t Nobody Take the Chumph With the Skinny Legs? Lawyers Run From DOJ Jobs

Damn…Never thought I’d see the Legal profession push away from a full table.

Even the otherwise reliable Falwell, Liberty University scions of the racist Federalist Society who spent 8 years under Bush chasing the ever rare, elusive Unicorn of reverse racism against whites won’t touch the Chumph.

Then again, it could be they know he is guiltily of treason.

 

Trump administration unable to fill Justice Department jobs because lawyers are avoiding him ‘like the plague

The Trump Administration — already behind in making political appointments — now finds itself unable to fill important jobs connected to the Justice Department because attorneys, mindful of  their reputations, want nothing to do with the scandal-plagued White House.

According to Politico, the President’s staffers are are coming up empty when it comes to tracking down legal minds interested in working for the president.

“They were dealing with a pool that had already shrunk and, now, of course, some people will be avoiding it like the plague,” one GOP lawyer who worked in President George W. Bush’s administration told Politico. “The lesser-known folks are wondering if they’re going to take a huge reputational hit if the president of the United States starts tweeting about them. … There’s definitely some poisoning of the well going on in terms of who would take a job at this point.”

At issue: Trump’s abrupt firing of FBI Director James Comey — who he also referred to as a “nut job” — and fear of being caught up in the looming Russian scandal that could bring the whole administration down and lead to Trump’s impeachment.

Politico notes that the pool of candidates the White House had to choose from was extraordinarily small to begin with, as many mainstream conservative attorneys signed “Never Trump” pledges prior to the 2016 elections — which could also prove a hindrance since the White House has pushed for appointees to make a “loyalty pledge” to the president.

As it stands now — as Trump enters the fifth month of his presidency — the administration has yet to fill scores of seats on the federal bench and 93 U.S. attorney posts around the country sit empty after the president demanded the immediate resignation of all attorneys appointed by his predecessor, President Barack Obama.

Additionally the Trump administration has also found it difficult to find a replacement for Comey with potential nominees wondering how they’ll last working for a volatile president currently under investigation by the same department.

“It certainly doesn’t help when the stated basis for firing your predecessor is that he was a ‘nut job,’” suggested Paul Rosenzweig, a lawyer who served under President George W. Bush. “I look around at people considering going into the Trump administration and the same names come up for every open job…It’s the same six names for every open job—the people who are both qualified and willing to serve.”

One anonymous Trump adviser said that the hiring problems at the Department of Justice aren’t as bad as they seem and that things are actually worse at the State Department.

“That’s been a bit of a problem for the administration, but not as much at DOJ,” the adviser said. “That’s been a very serious problem over at the State Department. A lot of the conservative foreign policy establishment were ‘Never Trumpers…’ The proportion is much higher at the State Department and the White House.”

 

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Stopping Jeff Sessions Racist Drug War

A background on what Jeff Sessions KKK War is all about

 

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