(AUTHORS NOTE: I originally began writing this post a few days ago, but given the news of the past day, it seemed a good idea to get back to it.)
I know I’m not the only one who has noticed the rather violent rhetoric coming from the liberal/progressive side of the American political spectrum over the last 18 months or so. Anyone paying even a modicum of attention cannot have failed but to notice it. The two video clips at the opening of this post are examples of leaders of that movement making very public statements that not only support the idea of engaging with people politically opposed to you in a violent manner but actively encouraging it. There are no “dog whistles” in these statements.
Hillary Clinton: “You cannot be civil with a political party that wants to destroy what you stand for, what you care about… We have to get, maybe not cross the line, but get meaner, get tougher.”
Maxine Waters: “If you see anyone from that cabinet, that administration, in a restaurant, in a department store, in a gasoline station – you get out, and you create a crowd. You push back on them and you tell them: YOU ARE NOT WELCOME HERE!”
This type of incendiary rhetoric from the American left is nothing new, of course. It has its beginnings in the protest movements of the 1960’s, which in many respects were hijacked by radical elements looking not to reform American society but outright overthrow it. Most of you reading this are familiar with Saul Alinsky’s “Rules For Radicals,” the openly subversive book that recommends confrontation with and hostile takeover of American institutions. Professor Alinsky advocated taking what began as an idealistic youth movement looking to proactively redress the egregious, systemic racism of our first 150 years and warp it into a campaign against all societal norms.
In the time between Richard Nixon’s near impeachment in 1974 and George W. Bush’s electoral victory in 2000, we enjoyed a respite from the violent catachism of the Left. Certainly, they were still out there and they still employed the rhetoric, but they were pushed to the fringes. After the abject failure of McGovern, the dismal Carter years, and the national rejection of progressivism that culminated with the Reagan administration, mainstream liberals largely rejected the type of political violence that attended their movement in the late 1960’s and early 1970’s. The bombings and assassinations stopped.
But those subversive elements never truly went away, they had just gone to ground. Bill Clinton’s “triangulation” that ended the 20th century gave way to a full-throated progressive in Al Gore, whose narrow defeat seemed to awaken what was once thought a comatose movement. In 2004, the Democrats shifted even further left, nominating the very progressive (and some would say traitor) John Kerry as their standard bearer. His drubbing at the hands of the same George Bush who had vanquished Gore four years earlier unleashed the type of liberal passions that we are now living with. It was the driving force behind the eight years of Alinskyite leadership under Barack Obama.
Understandably, progressives were shocked to discover the mandate to fundamentally transform American society they imagined had been secured a decade earlier wasn’t much of a mandate. After decades of planning their relatively bloodless coup, they awoke on a frosty November morn in 2016 to discover their vision of America had been soundly rejected – again. And as when faced with similar rejection two generations earlier, they broke out the late 1960’s playbook almost immediately.
So, for nearly two years now, American sensibilities have been subject to a daily, at times hourly, onslaught of political violence. Mrs. Clinton and Mrs. Waters’ statements aside, we’ve witnessed a progressive attempt to assassinate the Republican Congressional leadership at a softball practice. The Secretary of Defense and Chief of Naval Operations have been mailed ricin. A GOP congressional candidate in California was knifed, another in Wyoming had his campaign office firebombed. Jay Webber, a Republican running for Congress in NJ, has a police detail protecting his 7 children after a series of death threats against them. A teenager wearing a “MAGA” hat was assaulted for the crime of eating a sandwich. By one count, there have been over 550 acts of political violence – not just violent speech, but actual acts of violence – committed by progressives since the election of Donald Trump. By comparison, refusing to serve the Press Secretary or stealing the Senate Majority leader’s doggie bag seems almost trivial.
My point is this. From the days of Lenin and Trotsky, assassinations, arson, and other assorted mayhem have been the hallmark of progressive political argument. it is not a fallback position, so much as a default one. Historically, when progressives, whether they called themselves socialists, communists or fascists talk about fundamentally transforming a society, they speak of themselves as revolutionaries.
There have been very few succesful revolutions that didn’t involve an assumption of violence.
The progressive predeliction for violence is well established. The aim of such political violence is to destabilize normal society, to inspire fear – and ultimately, to provoke normal society into adopting the same tactics. The reason is simple. Once normal society includes daily, hourly political violent carnage, there is no more normal society. At that point, the fundamental transformation can occur without any resistance.
Normal society defeats progressivism by refusing to engage in the cycle of political violence. Normal society wins by continuing to engage in the normal political process: by engaging with ideas, not bombs; words, not knives; votes, not guns. Don’t take this to mean you should leave yourself defenseless or refuse to be vigilant. After all, a dead patriot is only good for worm food. Defend yourself if need be. But let it end there.
Last weekend, we saw a mob attack one of progressivism’s paragons, former Speaker of the House Nancy Pelosi. I do not agree with a single position that Mrs. Pelosi espouses. However, chasing her through a hotel and refusing to let her speak is every bit as reprehensible as when progressives do the same to a conservative speaker. I found the actions understandable, but appalling nonetheless. We cannot defend all that we hold important by throwing our values out and engaging the left on their terms. Our goal should be to force them to engage on ours, if for no other reason than their tired ideas have time and again proven bereft of value.
I intentionally have not mentioned today’s (well, yesterday’s, by the time this gets published) spate of attempted bombings until now. I have a good reason for that. As I write this, the motivation behind them remains murky. Nobody has claimed responsibility. No associated manifesto has been published. This leaves several possibilities: a foreign actor, seeking to upset the political applecart. A very poorly executed attack by a right-wing extremist. Or a “false flag” operation by left-wing extemists looking to change the narractive prior to this year’s elections. I’m hoping it is determined to be option 1 or 3. If it is option 2, then this post may already be too late for all of us.
First, thanks for the A2A. I’m not certain if you’re trolling, or truly interested in hearing the views of an avowed Second Amendment type on this subject, but I’ll treat this as if it’s the latter case.
The problem is not necessarily one of gun violence, per se. The problem is one of perception: the media wants us to think there is an epidemic of gun violence; a sense of murder and mayhem at the hands of deranged individuals toting machine guns through the street.
The reality is much, much different. I grew up in the 1970’s, the era of Fort Apache and Escape From New York. In 1980, when I was getting ready to make my way in the world, the typical American had a 1 in 338 chance of finding themselves involved in a crime with a gun. By 2014 (the most recent year for which FBI statistics are available), that number had dropped to 1 in 422. This is despite the fact that legal gun ownership is at an all-time high.
What is undeniable is that gun crimes in certain cities and states have moved in the opposite trend. For instance, the typical resident of Chicago in 1980 had a 1 in 210 chance of finding themselves at the wrong end of a gun. By 2014, that had increased to 1 in 100. Baltimore has seen a similar rise in gun violence, from 1 in 148 to 1 in 108. So, part of the perception is driven by the fact that while gun crime is down overall, the number of gun crimes in our major cities (which is also where our media is centered) are on the rise.
The other driving factor in the misperception of the degree of gun violence is argeting. While there have always been madmen with a rifle who went on murderous shooting sprees, those of our modern era have chosen spectacular targets that will drive national media coverage for days on end. Schools and churches are not only prominent in our society but emotional by their very nature.
Part of the divide in America over the use of weapons is that so many of those under 45 have almost no exposure to them, except what they see in the movies (which are generally ridiculous depictions) or on the news. Would it surprise you to learn that when I was in school, it was common for students to bring their rifles and pistols to school? Not only that, it was highly encouraged? Gun safety courses were a requirement in those days. This wasn’t all that long ago, either.
So how do we reduce gun violence, and just as importantly, cure the misperception that legal gun possession increases the likelihood of being assaulted with a weapon?
I think the first thing to do is increase exposure to guns so that people understand that a gun is a tool, no different than a hammer or a car. They are no scarier (and actually far less dangerous to you) than thatin your driveway. I mentioned above that you have a 1 in 422 chance of being involved in a crime committed with a gun. What I failed to mention is that you have a .0045% chance of being murdered by someone with a gun. Conversely, you have a 3.6% of dying this year in a car crash. You are over 800 times more likely to die in your car than by being shot, yet people calling for cars to be banished are generally regarded as crackpots.
As far as actually reducing gun violence, the first thing to realize is that gun violence has steadily declined in all areas except those with strict gun control measures. This sounds counterintuitive to gun control proponents. How can easier access to firearms result in a reduction in gun crime? Yet the proof is in the results: while some states and cities have made it dramatically more difficult to legally possess a gun, those are also the ones that have the greatest spikes in gun crime. A while back, I had done a project that projected the gun violence rate in the nation, presuming the 50 most restrictive cities in the nation followed their country brethren. Based on the numbers alone, the incidence of gun violence would have dropped to 1 in 803!
Now, I’m not silly enough to think removing most restrictions on gun possession alone will suffice to reduce gun violence, especially in our cities. There is a greater propensity for crime in those locations, due to higher rates of impoverishment, population density, and social disorder. Those societal ills peculiar to city life need to be tackled by the cities themselves.
I’m also enough of a student of human nature to realize that you can never get crime rates in general, or gun crime in particular, to zero. It’s a problem that has vexed humanity since our beginning.
Feel free to leave your thoughts in the comments.
When I saw this tweet the other night, it got the ol’ gears a-turnin’, as my grandfather would say. John Podhoretz was making a point about one particularly one decidedly unserious lawyer promoting a seriously insincere story based on an even more insincere allegation. It’s the kind of nonsense that never would have seen the light of day, other than on some anonymously written blog, not that long ago.
But I contend the problem runs much deeper than a one ambulance chaser engaged in some shameless self promotion. No, the problem is we have a whole bunch of unserious people filling serious positions.
For instance, the entire “Russia collusion” narrative was driven by the campaign staff of a presidential candidate, who contacted a Washington legal firm, who contracted a former spy to write up a salacious “dossier.” And there the story might have ended, except a US senator then was passed this dossier, who took the absurd revelations in the dossier and gave it to the career prosecutors at the Justice Department. Those prosecutors then gave the dossier to the career investigators at the FBI, who used it to gain a “secret warrant” to spy on the other presidential campaign (and after the election, the President of the United States – elect).
So, people in serious positions who got snookered by this bit of legerdemain:
- Hillary Clinton, Presidential candidate; former Secretary of State, US Senator and First Lady
- James Clapper, Director of National Intelligence; former Director of the Defense Intelligence Agency
- Loretta Lynch, US Attorney General
- James Comey, FBI Director
- Andrew McCabe, former Deputy Director of the FBI
- Peter Strzok, Asst. Director of the FBI for Counter-Intelligence
- Rod Rosenstein, Deputy Attorney General; former US Attorney for Maryland
- Lisa Page, Federal prosecutor, assigned by the FBI to assist Special Counsel Robert Mueller
- Glenn Simpson, Fusion GPS co-founder; former investigative reporter for the Wall Street Journal and Roll Call
- Marc Elias, lead elections attorney for Perkins Cole; formerly the lead counsel for Mrs. Clinton’s presidential campaign
- Rosemary Collyer, current FISA court presiding judge
- Michael Mosman, FISA court judge who approved the first Carter Page warrant
That’s a dozen very well paid people in positions that at one time were considered some of the most important and prestigious in government, the legal profession, the courts and the media. These were positions that once would have been filled with people who understood how serious those positions were to maintaining the apparatus that is the US government, from both inside and out. Instead of people. Those serious positions would have been held by serious people.
Not any longer. It is the crux of the problem Americans see all around us. Is it any wonder we’ve lost our collective trust in these institutions? We have some very unserious people filling positions that are still vital to the nation. It isn’t confined to those dozen people listed above. It is a plague, infecting every level of government, of business, religious life, media and science. The institutions that I and millions of my fellow Americans were taught to admire and respect as youngsters, have spent the past two decades proving that they are filled with people who do not deserve that respect.
I hate tossing out problems without having solutions ready to propose, but I honestly can’t find any to this problem. I learned early on in my career that the best person for the job understood the nature of it, had the skills to perform it and was trustworthy. Obviously, the more senior the positions become, the skills required change, but the person filling the role should still have the first and third qualities. But as we’re witnessing, there aren’t a whole lot of those people around right now.
Brett Kavanaugh’s nomination to the Supreme Court has been reported out of the Judiciary Committee and sent to the full Senate, but of course there was a hitch. Given how everything has gone with this confirmation, how could there not be a hitch?
Senator Jeff Flake (R?-AZ) voted to advance the nomination, but only after some serious arm twisting from Democrats yielded an agreement from Flake that he wouldn’t vote affirmatively on the floor unless the FBI conducted a 7th background check.
There has been speculation that Flake modified his vote out of deference to his good friend, Senator Chris Coons (D-DE). Senator Lindsey Graham (R-SC) speculated that Flake might be trying to heal the divide in the country, an effort that Graham doesn’t even think will work. Taking heads have alternately suggested that Flake simply doesn’t know who to believe, despite all the testimony we’ve had and all the evidence of the minority party’s duplicity.
I don’t think any of is what has led Flake to spectacularly demonstrate his infamous lack of conviction. Prior to this morning’s session, there was an incident in which protesters cornered Flake on an elevator and spent 5 minutes yelling and berating him.
So, as always, if you want Flake to vote your way – just threaten him. He remains the most cowardly man the Senate has seen in a long time.
We are almost finished our descent into mob rule, which is what the Democrat’s ultimate goal has always been. Keep your powder dry and weapons cleaned, my friends.
The bible of “third wave feminism” is Margaret Atwood’s The Handmaid’s Tale. Written in 1986, it is a dystopian novel in which societal collapse stemming from climate change, pollution and low birth rates has brought about a technologically enforced über-puritanism. Women are now slaves, and anyone who dares cross the regime is summarily executed, often on trumped up charges.
As a fan of dystopian fiction, I first read the novel in the early 90s. Personally, I don’t think the novel is particularly good. I found the story to be disjointed and not particularly engrossing. It’s entirely possible the author was hoping to evince a negative emotional response to her narrative. It wouldn’t surprise me; evoking negative emotional responses (loathing, fear, anxiety) is a hallmark of the progressive movement. Certainly, the entire circus around Brett Kavanaugh’s confirmation has been based on those emotions. The Democrats have whipped up the notion that Judge Kavanaugh’s elevation to the Supreme Court will mean the end of civil rights. This, despite the fact that his record as a jurist is in opposition to that supposition.
But this wasn’t what made me think of that story when watching yesterday’s testimony. No, it was one particular scene in the book. A member of the elite is found to secretly be supporting the ideal of liberty and fairness. The regime drums up a false charge, a charge rooted in the puritanical mores of the dominant society (yep, sexual assault). There is a sham trial. At the climactic moment of the scene, the crowd is whipped into a frenzy and turned loose upon the poor guy. He is literally torn to pieces in their anger and blood lust.
How is that any different than what we watched yesterday?
Do I think Dr. Blasey-Ford is sympathetic? Yes. Do I think she’s credible? No. Her testimony was only clear on one point: she honestly, absolutely believes that Brett Kavanaugh attempted to rape her when both were in their teens. Despite that, she cannot even recall when that happened (not even a year, much less a month or a day). She does not know where it happened. She does not know how she got to where it happened (even though any of the possible locations are about a 20 minute drive from her childhood home) or how she got home afterwards. She does not know how long she was at the party where she alleges the attempted rape happened.
As if that weren’t enough, her testimony changed rapidly once being questioned by an admittedly compassionate and empathetic prosecutor. She didn’t run down the stairs; she walked calmly out of the house. She only told her husband, before she they were married. She only told her husband, but after they were married. She only told her husband while in couple’s therapy over how many doors she wanted on their McMansion. She only told Rep. Anna Eshoo. No, wait – she only told Anna Eshoo’s staff and a reporter from the Washington Post. No, she told, Eshoo, her therapist, Diane Feinstein, a reporter from the Washington Post, and a friend at lunch, another friend at another time that she can’t quite recall, some more friends on the beach. She’s afraid of flying. No, she isn’t afraid of flying; she flies for work and family events all the time. Ok, she’s afraid of flying, except when she’s flying for a vacation to French Polynesia.
Dr. Ford has more memory lapses than a blackout drunk, which leads me to believe that the neurotransmitters in her hippocampus are defective. Or maybe she is a blackout drunk. Either that, or she remembers everything possible in a traumatic experience, but the other people she names as being at the party – including her lifelong friend, Leland Keyser – are lying when they say it never happened.
So how do I explain why she honestly believes Judge Kavanaugh tried to rape her? I’m not a medical expert, but we know memory transference is a real thing. By her own testimony, she was something of a social outcast in high school and the group she most wanted to be a part of was the circle that included a youthful Brett Kavanaugh. Perhaps an assault did happen, but she’s substituted the people who scorned her into the roles of the truly guilty.
Regardless of her credibility, however, is the process by which this entire episode has been handled by the Democrats. Among the more shocking things that came out during yesterday’s testimony is this. When Judge Kavanaugh met with Senator Feinstein on August 20th, she was not only aware of the allegations against him, but was actively working with Blasey-Ford on her future testimony through legal counsel. The entire idea that she didn’t leak the “anonymous” letter and that this wasn’t a manufactured crisis was blown apart with that fact.
Who can blame Brett Kavanaugh for lashing out at the Democrats during his testimony? He knows he is innocent of these allegations – and the even more ridiculous and spurious allegations that have followed. His credibility attacked, his family denigrated, his honor and reputation sullied? How would you expect him to react? Especially when Democratic Senators Kamala Harris, Cory Booker, Chris Coons, Diane Feinstein, Richard Blumethal and Dick Durbin announced they wouldn’t vote for him, even before the confirmation hearings began. Booker went so far as to call Kavanaugh “evil.” Think about that, for a moment.
Given all that, Kavanaugh’s confrontational manner wasn’t only justified, it was muted. I would not have blamed him had he gone on a Lindsey Graham-esque tirade.
Democrats are reacting as they always do, given the circumstances, with outbursts of rage and indignation. They don’t like it, and like an emotionally overwrought child, they are throwing temper tantrums. They were certain that weaponizing criminal allegations against an upstanding citizen whose political views are at odds with theirs would result in the mob turning against him. Well, indications are their mob is ready to do to Judge Kavanaugh what happened to the poor guy in Atwood’s book: literally tear him limb from limb.
They attempted to turn Brett Kavanaugh into their Handmaid. He refused. After years of treating Republicans as their Handmaids, the GOP has finally risen up and declared, “Enough!”
The saddest, and most ironic, thing about this entire episode is that by weaponizing the #MeToo movement, Democrats have neutered it. By supposedly advocating for the rights of abuse victims, they have done the opposite. By lending credibility to incredible allegations, they have cast the pall of suspicion over all allegations of sexual victimization. By calling Dr. Ford’s allegations “credible,” despite an independent prosecutor saying there wasn’t enough evidence to even file charges, they have sullied not only the reputation of Judge Kavanaugh but those of every woman who’s been assaulted.
By playing politics with people’s lives, Democrats have shown themselves to be the cold, heartless would-be rulers who would turn all of us into their handmaids.
The Senate should confirm Brett Kavanaugh. We should reward them by voting for every Republican on the ballot come November 6th. We should tell the Democrats, with the same vigor and fire as Kavanaugh and Graham, that we will no longer be your handmaids.
You could be excused for thinking it’s 2016 again.
After all, we’re litigating the President’s character and moral compass again. That was the central theme of the 2016 general election. I argued against his selection as the Republican nominee on those very grounds, often and vociferously. And you know what? The problem with those arguments was always that the people he ran against are hardly paragons of moral certitude.
Thus it was during the general election. Those arguments that Hillary Clinton tried, casting aspersions on Donald Trump’s character, might have held water – except they were being made by Hillary Clinton. It wasn’t that anyone thought Trump is a man of virtue. His 40+ years in the public spotlight have proven to all but the most blinded that he is anything but virtuous. But if there is one politician alive who is even more corrupt and morally bereft than the Donald, it is the former First Lady.
So, Americans went to the polls, held their noses, and elected Mr. Trump to be the 45th President. Contrary to what professional punditry claims, it wasn’t personality that landed him in the White House. It was the difference in what each party, and candidate, proffered as policy prescriptions for the United States. They chose the more conservative of those two visions. They chose Trump.
As expected, the Democrats have continued to hammer away at character, because they really have no other tools with which to engage in political debate. While there are policies President Trump has pursued that are anathema to doctrinaire conservatives, and he’s been a little squishy on some others, for the most part he has stuck to the conservative script. The adoption of those policies has resulted in an economic boom unlike anything this nation has seen in a generation. Moreover, his judicial appointments (considerable in that they are mostly Constitutionalists and in number) promise to begin stemming the tide of judicial activists that have largely torn the social fabric of the nation.
So long as he continues to deliver a robust economy and solid appointments, Republicans will continue to support him, character be damned. After all, that issue was litigated and determined to be of little importance to the general public.
Now we’ve reached another inflection point. We can be reasonably certain that not only is the President a cad, his choice in women remains…juvenile. We know this because his fixer has all but admitted he directed payments to a pornographic actress and a nude model at then candidate Trump’s instruction.
Democrats and “Never Trump” Republicans have seized on this latest revelation as if it proves the President is a mass murderer. Even their attempts at at saying he violated campaign finance laws and therefore deserves immediate impeachment have proven more hyperbole than fact, as even the FEC admits Mr. Trump didn’t endanger our republic any more than candidates Obama, Clinton, McCain, Bush, Kerry, et al. So now, they’re back to pressing the character question, as if it were a question at all.
What all of this hew and cry fails to do is respect the judgement of the voting public. The typical American hears all about yet another President who can keep his pants on around the fairer sex and thinks, “How does this affect me?”. The answer, of course, is it doesn’t. We’ve suffered (if that’s the right word) through philandering presidents more often than we care to remember, and provided they delivered results all was forgiven.
Would I prefer the President were the virtuous sort? Of course I would. But I look at our current crop of politicians and quite frankly, the only one who matches that description is the current Vice President. So, I’ll stick with the current President, thank you very much.
This weekend has brought forth another wave of editorials, essays and TV commentaries lamenting that the Republican Party is now the party of Trump. In the wake of his primary loss, Mark Sanford wrote a piece lamenting the fact that he “wasn’t Trump enough” and that voters wanted someone who is obsequious to the current Commander-in-Chief. George Will, in his usual excessive verbiage, urged Republicans to *gasp* vote for Democrats in this years mid-terms. Why the apostasy? In his eyes, Congressional Republicans have abandoned their principles to get a tax cut.
What these gentlemen, and the other old-guard types seem incapable of fathoming, is that it isn’t allegiance to Trump is not the defining ethos of the modern GOP. What they haven’t come to terms with is for the vast majority of Republicans, their views on issues, and which issues should take precedence, do not match the Bush (read: neocon) value structure at all. Elected Republicans who fail to recognize this and represent their constituents values are being removed from office at the ballot box. The intelligentsia that refuses to accept this change is being asked, often impolitely, to leave.
President Trump is the embodiment of those values, same as Barack Obama or George Bush were the embodiments of their party’s values during their terms of office. Yes, there are aspects of his personality that are grating – but it is those same aspects that are particularly appealing to the Republicans who gave their allegiance for last quarter century to the Bush wing of the party and got very little in return for it. Those erstwhile pundits place the locus of their attention on the President’s personality while ignoring, misunderstanding or worse, belittling the values President Trump epitomizes.
During the nearly 30 years that the Bush family and their values were ascendant within the GOP, they emphasized the “neoconservative” value structure: multinational cooperation in military and economic affairs, acquiescence to multinational corporate interests, loose immigration controls, compromise on societal issues. They thought the Tea Party movement was either a validation of that value structure, a personal repudiation of Barack Obama, or perhaps both. In reality, it was a repudiation of both Barack Obama (and the post-modern liberalism he represented) and the existing GOP power structure. The 2016 election, in which the last champions of neocon ideology were electorally trounced, should have told them their days were over.
There are aspects of this new, much more conservative ideology I am uncomfortable with. I do not support trade tariffs, nor am in agreement with increasing the power of the federal government. The spending increases and failure to address – indeed, ignore – the fiscal crisis is particularly galling to me. But I’m adult enough to admit that certain aspects of Republicanism that I supported in the past – in particular, multinational trade agreements – have turned out to be abject failures for most Americans. It would behoove the most ardent neocons to look around and recognize where they failed, and to start working out the reasons.
Much of the current GOP platform is things to which the Bush wing paid lip service. They never quite understood that for the rank-and-file, the parts of the platform the elites held in disdain are the important parts. The rank-and-file was willing to back the elites play on the idealistic parts of their agenda in return for their work on those things the elites found, to borrow a phrase, “deplorable.”
The professional politicians forgot that politics is less about ideals than results. Something I constantly hear is that politics has become “too transactional.” What they forgot is that our Founding Father’s devised a system of transactional politics. Politicians who fail to deliver the results their constituents want are not reelected. For 30 years, Republicans were waiting for the GOP candidates to deliver. They didn’t. They got fired. As for the rest, they can get with the program. Failing that, they can find a new political home. They stole the GOP in the late 1980’s. Trump’s voters reasserted their control in 2016, and are continuing that purge today.
No matter how many people claim to be well informed and skeptical of the MSM, this week’s outrage over illegal alien children being separated from illegal alien adult guardians proves the lie to their claims. To hear the MSM (and many of the well-intentioned, but easily led astray sheep) tell it, the Trump administration has engaged in the most despicable act against migrants in recorded history. They first tried this tack a few weeks ago, when a slew of “journalists” shared the above picture on social media. What they failed to mention at the time was that the picture is four years old and depicts the way the Obama administration treated the illegal alien children of illegal alien adults. Say what you want about Trump (he is certainly an immigration hard-liner), at least his administration hasn’t taken to putting children in dog kennels. Caught in their lie, within 48 hours the scurillous dogs were forced to recant. But they only regrouped and freshened their assault.
The other thing they won’t mention is that this has been the policy of every administration dating back to that Bill Clinton. There’s a very good reason for this, and no, it isn’t because anyone thinks the kids are carrying backpack bombs.
It’s because it is what the law requires.
The President and his media critics are both guilty of dissembling here. There is no individual law that requires children caught entering the country illegally be separated from their parents. Rather, it is the result of several individual laws and court precedents that require being detained separately.
The United States is no stranger to crime waves. What made the crime wave of the late 1960’s and 70’s different than prior crime waves was the ages of many of the suspects. The number of juveniles arrested for felonies skyrocketed, straining the resources available for detaining juveniles prior to adjudication of their cases or even bail hearings. At a loss, many jurisdictions began housing these juveniles in adult detention centers, usually (but not always) in a segregated unit. Most Americans were shocked and appalled at the thought and in 1974, Congress amended 18 USC 5035 to require that juveniles not be held with adult prisoners:
The Attorney General shall not cause any juvenile alleged to be delinquent to be detained or confined in any institution in which the juvenile has regular contact with adult persons convicted of a crime or awaiting trial on criminal charges. Insofar as possible, alleged delinquents shall be kept separate from adjudicated delinquents.
So here we have the first stage of the current problem: we’ve had a law on the books for 44 years now that strictly precludes housing children accused of an illegal act with adults accused and/or convicted of an illegal act.
But is entering the country without advance permission from the federal government a crime? I mean, we’ve all heard the mantra “People are not illegal!” Well, actually – yes. 8 USC 1101 defines who is, and is not, permitted to gain entry into the United States. 8 USC 1325 makes it quite clear what the penalties are for entering the country without permission:
Any alien who enters or attempts to enter the United States … shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
Despite all the liberal caterwauling about gaining illegal entry to the country being a civil offense, this statute is black-letter law defining that act as a criminal offense. Yes, a subsequent section of the statute does allow for the imposition of civil penalties (specifically, a fine of $50 to $250). But the act of entering the United States by persons not permitted entry is an illegal act (hence the term, “illegal alien”) and we have the second piece of the puzzle.
As noted above, juveniles held on suspicion of an illegal act (such as entering the country with out prior authorization) cannot be held in the same facility as adults held on suspicion of illegal acts (such as entering the country without prior authorization). By statute, both the accompanying adult and the child are guilty of the same offense. By statute, the children cannot be held in the same facility as the accompanying adult. By statute, they must be separated.
“But wait!” your liberal friends cry. Can’t we just release the parents and kids on their own recognizance? Or send them back across the border to await an immigration hearing? This is where things get a bit murkier. For starters, Congress decreed in 8 USC 1225 different classes of illegal aliens. The liberal media loves to focus on those whose country of origin is in the Western Hemisphere, but does not share a border with the United States, and is applying for asylum. Conservative media focuses on those from Mexico. Nobody talks about the fact that over half of illegal aliens are from the other half of the planet. Yet, under this statute each is a distinct class of alien – and each has separate procedures for immigration hearings. And this is only a few of the more than a dozen distinct alien classes established in law.
As for those procedures, they are established under 8 USC 1229a. In some cases, a hearing before an immigration judge is required. In others, an asylum officer. In some cases, an ICE or Border Patrol agent can unilaterally decide to deport a detainee.
So, we’ve established summarily deporting illegal aliens is not permissible under US law and that the vast majority of illegal aliens are due some form of immigration hearing. We’ve also determined that the law requires detaining them for said hearing. But why can’t we detain them, issue them bail and send them on their way, hoping they’ll appear for their hearing? A little more history is in order here.
18 USC 3142 is the federal statute regarding bail and pretrial detention. Paragraph (b) defines the classes of person who should be held without bail:
(1) such person—
(A) is, and was at the time the offense was committed, on—
(i) release pending trial for a felony under Federal, State, or local law;
(ii) release pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, for any offense under Federal, State, or local law; or
(iii) probation or parole for any offense under Federal, State, or local law; or
(B) is not a citizen of the United States or lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); or
(2) such person may flee or pose a danger to any other person or the community;
This particular piece of law has been fraught with controversy over the years. It’s application to immigration law is no different. In 1994, Lithuanian immigrant Kestutis Zadvydas (who had been granted residency) was ordered deported for a felony conviction. However, the three other countries where he might have been sent refused to take him (after all, dude was a bad apple) and he wound up languishing in prison with no hope of being released. In 2001, the Supreme Court ruled that the section of 8 USC 1231 which provided for indefinite detention of legal aliens awaiting deportation was in violation of the Constitutions 5th and 8th Amendments.
It was a controversial decision at the time. It is the basis for what has been termed our “catch and release” policy of granting illegal aliens a bail hearing and never seeing them again. Indeed, within the first three years after the ruling, USCIS was forced to release 134,000 aliens convicted of other crimes. It’s estimated another 56,000 have found a sort of limbo asylum in the US since then, as the Bush administration USCIS determined that even though Zadvydas did not specifically apply to illegal aliens it was better to broadly interpret the ruling.
But that administration did not entirely give up the idea of deporting illegal aliens who, despite not being in the country legally, commenced with committing other crimes. In 2004 USCIS ordered the indefinite detention of Alex Rodriguez, a Mexican national convict. It was this application of law that led the Obama administration in 2013 to implement the policies that led to the above picture. It that application of law that the Trump administration has been dutifully following since assuming office.
The case of Jennings, et al v. Rodriguez, et al was first heard (and defended by the Obama administration) in 2016. The justices deadlocked. It was then re-heard in 2017, this time with the Trump administration defending. In February of this year, the Supreme Court ruled that illegal aliens do not have the right to bail and may, in fact, be detained indefinitely.
Which brings us back to where we started. Anyone entering the country is breaking the law. Our laws demand that children crossing the border be removed from their parents and held separately, and further can make that separation permanent.
We can debate until our faces are blue on the morality and necessity of such laws. Given our history with immigration, we probably will. And given the media’s fascination with conveniently forgetting how 35 years of immigration law and jurisprudence have shaped this situation, I’m pretty certain that the Trump administration will continue to be unfairly browbeaten about it. At least until next week, when another scandal will be created and sensationalized.