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Archive for March, 2017

Trump Travel Ban 2.0 is Dead on Arrival

Thursday, March 16th, 2017

UnionRallyGroupOn Monday, March 6, Donald Trump signed another executive travel ban.  Instead of pursuing a likely dead end in lengthy litigation on the first ban which affected seven primarily Muslim countries— and also banned those person holding visas and green cards, the Trump Administration decided to start anew.  The second round ban exempted Iraq—still including the same six other Muslim countries. It further made provisions for those with Green cards and visas to be exempted.   However, not much else changed in the real sense of showing a need for a travel ban to Muslim countries.

 

And before the ban took effect, it was shut down by federal courts in Hawaii and Maryland.  Nothing had really changed from the first ban. The first one was shut down in federal court in the State of Washington placing a hold on the ban.  One day after announcing the new travel ban, Hawaii wasted no time at all in filing a lawsuit in federal court in Hawaii—much like the earlier one filed in the State of Washington last month.

 

 

I give the Trump Administration an “A” on persistence and a “F” on execution.  The most recent travel ban met the similar fate as the first one for the very same reasons.  The earlier ban met its fate as the Trump administration and Justice Department failed to articulate any real security concerns for a travel ban to seven Muslim countries.

 

Removing Iraq from the list was done at the request of apparently the State Department due to its Iraqi translators.   And the travel ban’s exemption of Green cards and visas still does not address if there is any real security reason or threat for a Muslim country travel ban.  The Administration failed to be able to effectively address those security concerns last month.  And courts work on evidence and not campaign promises.

 

These federal courts wasted no time in showing the Trump administration how the three branches of government work.  Both courts recognized the ban was solely against Muslims and therefore violated our constitution.  The judiciary branch shut down the ban as unconstitutional.  And the executive branch of government, a la Mr. Trump, has no alternative but to either further appeal its case in court or attempt yet another travel ban.

 

Mr. Trump is learning a lesson that many litigants learn once in court.  One’s prior words can be used against you in both civil and criminal court. And Mr. Trump’s prior tweets, speeches and words on needing a ban to expel Muslims from our country and prevent Muslims from entering was the reason for the ban.  In one press release issued during the campaign, Trump called for a complete and total shutdown of Muslims.  His own words caused his defeat. There is no national need for security concerns.

 

An unlawful travel ban by any other words is still unlawful.   Mr. Trump’s actions are unconstitutional, against the first amendment on freedom of religion and quite frankly, un- American.  If he wants to make America great again, which many persons seriously doubt, he can start by upholding the US Constitutional in his executive orders.

Freedom of religion is what democracy  and America looks like.  Mr. Trump has yet to learn this civics lesson.

 

DebbieFox5DC2017Washington, DC based Debbie Hines is a trial lawyer, member of the Supreme Court bar, legal analyst and former Baltimore prosecutor.  She is often seen in the media addressing legal  and political issues.

Why Ben Carson Lacks a Brain, a Heart and a Soul

Tuesday, March 7th, 2017

 

Ben Carson

Ben Carson

On Monday morning, Secretary of Housing and Urban Development Ben Carson,  referred to slaves as immigrants who came to America in the bottom of ships—yet wanting a better way of life, during his address to HUD.  Ben Carson’s remarks show either his ignorance of history or that he has sold his soul to Donald Trump for a cabinet position as Secretary of Housing and Urban Development.  I suspect the latter.

 

Ironically, the Dred Scott decision was decided on March 6, 1857, some 160 years to the day that Carson made his outrageous statements about slaves being immigrants. Dred Scott went to court to sue for his freedom.  Supreme Court Chief Justice Taney wrote in the decision that blacks, free or slaves had no rights which the white man was bound to recognize.  Slaves were involuntarily brought to America from various African countries, taken away from their families to work for free in America.   They were not immigrants—they were property with no rights

 

 

Before whites descended upon West Africa, many Africans were wealthy, could speak several languages and conducted business with Europeans—traveling to European countries.  A visit to the African American Smithsonian museum is in order for Mr. Carson.  Everything was taken away from my ancestors once they were ripped away from their countries and taken across the ocean to build this country.  Their culture, religion, money, property, language, name and family were taken away as they became slaves and property of whites in America.   Slaves were sold and treated as less than animals to build the country that we now call the United States of America.  Slaves built this country on their backs.  And they were not immigrants.

 

Ben Carson has become like that family relative at holiday dinners who makes outrageous comments that no one believes while others try to convince him of his lack of knowledge.  But Carson is not that family member. He is a highly educated, trained and world renowned neurosurgeon who appears to have lost his mind, his soul or both.  And his words matter.

 

Carson further reminds me of all the major characters in the Wizard of Oz.  The tin man lacks a heart; the cowardly lion lacks courage. And the scarecrow lacks a brain.  Ben Carson lacks all three. He lacks the intelligence to know that he is being played a fool by a rich old white man named Donald Trump.  I doubt that Carson does not know his statements are false. And therefore social media online comments that he needs to read up on history are probably not necessary.

Ben Carson has become a true Trump spokesperson—someone who prides himself  or herself on “alternative facts” as Kellyanne Conway refers to which are otherwise known as lies.   A lie by any other name is still a lie.

And Mr. Carson’s assertion that slaves were immigrants is a lie.

 

Washington, DC based Debbie Hines is a trial lawyer and former Baltimore prosecutor. She holds a Bachelor of Arts degree in history from University of Pennsylvania.

 

Update:  Later on Monday evening Mr. Carson on Facebook stated:  “Slaves were ripped from their families and their homes and forced against their will after being sold into slavery by slave traders,” he wrote. “The Immigrants made the choice to come to America. They saw this country as a land of opportunity. In contrast, slaves were forced here against their will and lost all their opportunities. We continue to live with that legacy.”