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FOCUS: Donald Trump's Pardons Must Not Obstruct Justice |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=57725"><span class="small">Laurence Tribe, Financial Times</span></a>
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Tuesday, 29 December 2020 12:00 |
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Tribe writes: "A godless US president who appears incapable of forgiveness has seemingly perverted this instrument of mercy into another grave threat to the rule of law."
Donald Trump. (photo: Scott Olson/Getty Images)

Donald Trump's Pardons Must Not Obstruct Justice
By Laurence Tribe, Financial Times
29 December 20
Abuses of constitutional clemency power should be investigated and prosecuted
f, as Alexander Pope reflected in 1711, “to err is human, to forgive, divine,” then the US Constitution’s pardon power — the prerogative of forgiveness — should be beyond reproach.
Instead, a godless US president who appears incapable of forgiveness has seemingly perverted this instrument of mercy into another grave threat to the rule of law. Donald Trump’s recent twisting of the pardon power risks leaving a damaging legacy: a blueprint for manipulating this vestige of royal prerogative to place presidents and their cronies above the law. But a remedy exists: investigation and potential prosecution. We must treat any obstructions of justice we uncover as the crimes they are.
It is critical to distinguish between two types of corrupt pardons. There are those that are merely contemptible for their intrinsic immorality — they may give a free walk to American war criminals (the Blackwater contractors convicted of a massacre), corrupt politicians (former Illinois governor Rod Blagojevich, convicted of trying to sell a Senate seat), and relatives (Mr Trump’s son-in-law’s criminally convicted father Charles Kushner). There are others that pose structural dangers by placing the president and his circle above the law and thwarting investigations into wrongdoing.
Pardons in the former category, detestable as they are, not only fall within the president’s power but rarely constitute crimes. They should be forcefully condemned for signalling that corruption and cruelty are permissible, even rewarded in America. Future presidents should strengthen the standards for their own grants of clemency and take seriously their duty, in the Supreme Court’s words, to preserve the nation’s “confidence that [a president] will not abuse” the pardon power. But the only real bulwark against these sorts of pardons — short of amending the constitution to remove the power to issue them — is to avoid electing rotten presidents.
Mr Trump’s grants of clemency to close advisers Paul Manafort and Roger Stone belong to a distinct and far more dangerous category. These pardons appear to be the latest steps taken which may in effect have hindered inquiries into crimes that Mr Trump’s close associates have been convicted of committing. Put plainly, these pardons could potentially amount to criminal obstruction of justice or bribery.
Fear that a president might abuse the pardon power to obstruct justice is anything but novel. At the 1788 Virginia convention to ratify the constitution, George Mason worried that the president might use the power to “pardon crimes?.?.?.?advised by himself.” He also predicted that prospective pardons could be used as obstructive tools to “stop inquiry and prevent detection”.
But James Madison rejoined that there would be swift impeachment and removal for any president misusing the pardon power. Mr Trump has already been impeached — although the Republican controlled Senate voted not to remove him from office. The odds of a second impeachment before Joe Biden’s inauguration are slim to none. But the constitution expressly contemplates another solution — post-presidency criminal prosecution — saying that an impeached president “shall nevertheless be liable and subject to Indictment, Trial, Judgment, and Punishment, according to Law”.
Pardons used as a means of obstructing justice are integral parts of criminal conduct precisely because the president has the formal power to grant them. The very breadth of that power enables a president to deploy it as a tool of criminality. If pardons used to reward silence could be invalidated by the courts, they would be worthless to their recipients and useless in a scheme to interfere with a formal inquiry.
The result is not to negate the pardons issued but to expose a president to prosecution for the way he deployed them. If Mr Trump abuses pardons to shield himself and key allies from justice, that could be charged as criminal obstruction of justice, an abuse of the constitutional power of clemency to accomplish an illegal end.
In a poetic turn of justice, such obstructive pardons would make prosecuting a president who granted them easier. If Messrs Manafort and Stone and former national security adviser Michael Flynn were called to testify against Mr Trump, their pardons would make it much harder for them to invoke their constitutional rights to remain silent to avoid self-incrimination.
If Mr Trump has used his pardon power to commit crimes, he must be prosecuted; failing to do so would set a perilous precedent for future administrations. In future investigations of presidential misconduct, essential witnesses might routinely protect the boss in hopes of (or in exchange for) immunity. Worse yet, future presidents could treat their terms in office as four-year licences to commit heinous crimes with impunity. As Mason worried in 1788, the president would have “establish[ed] a monarchy, and destroy[ed] the republic.”
There still remains the possibility that Mr Trump might try pardoning himself. But, as Richard Nixon’s justice department opined in 1974, a self-pardon is not within the president’s constitutional power. A self-pardon twists the text of the constitution — one doesn’t “grant” things to oneself — and violates the centuries-old tenet that nobody can be trusted to judge his own case. It would also liberate every president to ignore federal criminal laws while in office, placing the holder functionally outside the law.
Perhaps the only way to limit this potential misuse of the pardon power would be to prosecute an ex-president who tries to use it on himself. If Mr Trump seeks to pardon himself, the next attorney-general must zealously investigate him and prosecute any federal crimes that are uncovered. Forgiveness may be divine, but it cannot vindicate misbehaviour. Democracy and the rule of law demand that we hold everyone to account.

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RSN: How the Deaf Beethoven's 9th Symphony Still Exalts Our Human Soul |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=6004"><span class="small">Harvey Wasserman, Reader Supported News</span></a>
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Tuesday, 29 December 2020 09:32 |
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Wasserman writes: "The ultimate argument to save our species can be made by a single symphony."
A portrait of Ludwig van Beethoven from the year 1820. (image: Joseph Karl Stieler)

How the Deaf Beethoven's 9th Symphony Still Exalts Our Human Soul
By Harvey Wasserman, Reader Supported News
29 December 20
he ultimate argument to save our species can be made by a single symphony. The tortured genius who wrote it had been going stone-cold deaf for nigh on two decades.
It could’ve been no other way.
Beethoven’s 250th birthday (December 16th) has sparked a global eruption of shock and awe.
Amidst the ghastly demise of our deranged Caligula, the adulation for Ludwig edges into outright worship.
And rightly so. Each of Beethoven’s nine symphonies is a major masterpiece. His concertos, sonatas, overtures, rondos, quartets, and more are nearly all uniquely immense.
The fugues he wrote at the end of his life are complex, demanding, indecipherable … either centuries ahead of their time, or channeled — Jimi Hendrix style — from some other planet.
A humanist to his core, Beethoven thrilled to the original ideals of the French Revolution. He dedicated his Earth-shattering third symphony to Napoleon as their bearer, but angrily renamed it after Bonaparte declared himself “Emperor.” Beethoven’s one opera (Fidelio) is an ode to feminist empowerment that exalts a daring woman who defeats a brutal tyrant.
No bigger corner of the musical universe exists beyond that occupied by this relentless revolutionary wonder born in Bonn in 1770.
Some inconvenient truths are missing from many of the biographical works that worship him. But they explain much.
Beethoven lost his beloved mother and younger sister at an early age. His angry, alcoholic father was an obscure court musician whose thwarted ambitions drove him mad. Often (while drunk) he mercilessly worked his boy through the night and beyond exhaustion.
From such cruelty, a virtuoso emerged with a somehow unbroken spirit. By seven, Ludwig was performing in public. In his teens, while supporting his two younger brothers, he began to compose. By his twenties, in Vienna — the center of Europe’s musical universe — he became a rock star pianist, especially when playing his own music. To match his power, he hounded piano makers to strengthen and deepen the instrument, transforming it forever.
By then, he may or may not have met Mozart (a well-known painting of the two of them together may be whimsical). But the other titan of his time, Franz Josef Haydn, became his mentor.
Ludwig also taught, frequently falling in love with his much younger students. He wrote some of them seductive pieces (including the Moonlight Sonata). But his love life stayed barren.
Far worse was his health. At 28, he began enduring the unthinkable — the loss of his hearing. It may have started with his father’s early beatings. But lead has been found in a lock of his preserved hair, possibly from the wine he drank or the pencil tips he licked while writing his music.
By age 45 (he died in 1827, at 56), Beethoven lived mostly in social isolation … and internal silence. He did consider suicide. But fully aware of his transcendent talents, he never doubted a destiny he refused to abandon.
Much writing about Beethoven mourns his deafness and wonders how much greater he might’ve been without it. But in fact, it may have enhanced his genius. Entering that silent, solitary tunnel, Beethoven had a third of a century to apply his vast powers without social or aural distraction.
If one believes in such things, one might say that Karma, or The Fates, or some Higher Power forced this prodigal genius under the intense training of his father’s wrath, put him immediately in the public eye, made him labor as a teen, introduced him to great composers at the vortex of a musical revolution … and then stripped him utterly bare, to do nothing but transcribe undistracted the purest music the Universe could pour through him.
What’s revealed, then, is the core of the man … and of Humanity itself.
The existential spirit still emerging from this relentless lifetime of physical and emotional torment is a primal voice so pure it testifies to the tangible existence of the human soul. Its musical output proceeds through Hell itself without a hint of self-pity or complaint, each epic leap ending with a defiant, transformative aria of optimism and hope.
Never one for false modesty, Beethoven announced his personal revolution amidst the onset of his deafness with the shocking first notes of the Eroica symphony (his third), which he retrieved from Napoleon.
Like a comet, he then headed for two decades … through a voluminous burst of creative genius … straight to the Ninth Symphony, the transcendent pan-tribal chant whose global adoration unifies our species like no other single piece of art.
As we stagger out of the unspeakable Trump’s viral Hell (and as Saturn and Jupiter retreat from their Karmic collision), we desperately seek such common ground.
A quarter-millennium after Beethoven’s birth, we grasp at anything that might prove the worth of our species.
We contemplate his lifetime of torment, the Hell of his deafness, the glory he made of it, culminating in — OF ALL THINGS! — an hour-long mantra called Ode to Joy.
Even today, in the darkest of times, we strive as a species to somehow match his undying belief in the essential goodness of our collective soul.
Harvey Wasserman’s People’s Spiral of US History is being happily revised for Trump’s departure. His California Solartopia is broadcast at KPFK-Pacifica 90.7 fm/Los Angeles; Green Power & Wellness is podcast via prn.fm.
Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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Border Patrol Politicization Was Explicit Under Trump. It's Up to Biden to Contain It. |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=29592"><span class="small">Ryan Devereaux, The Intercept</span></a>
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Tuesday, 29 December 2020 09:32 |
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Devereaux writes: "The National Border Patrol Council's Twitter account was firing on all cylinders. The union, which represents roughly 18,000 Border Patrol agents, spent October and early November feeding its followers an unending stream of hardcore 'Make America Great Again' election content."
Central American asylum seekers wait as U.S. Border Patrol agents take groups of them into custody in June near McAllen, Texas. (photo: John Moore/Getty Images)

Border Patrol Politicization Was Explicit Under Trump. It's Up to Biden to Contain It.
By Ryan Devereaux, The Intercept
29 December 20
he National Border Patrol Council’s Twitter account was firing on all cylinders. The union, which represents roughly 18,000 Border Patrol agents, spent October and early November feeding its followers an unending stream of hardcore “Make America Great Again” election content. Among the NBPC’s scores of posts were videos of pro-Trump caravans rolling through cities and towns across the country, baseless claims about voter fraud, and bilingual testimonials from Border Patrol agents heralding President Donald Trump’s regard for law and order.
On “The Green Line,” the NBPC’s podcast, the union’s vice president Art Del Cueto enthusiastically recounted the pro-Trump caravan he had recently joined and fondly recalled the night he spent in New York City four years earlier, when he was alongside Trump and his family watching the 2016 election returns come in at the Hilton in midtown Manhattan. In the years since then, Del Cueto said, Trump had “neutralized” North Korea; exposed deep state corruption inside the FBI, the CIA, and the National Security Agency; and “been directly involved to help uncover the widespread pedophilia in the government and in Hollywood.”
Since the presidential election was called, the union’s firehose of tweets has slowed to a trickle. In a “Green Line” episode aired in early November, the enthusiasm in Del Cueto’s voice gave way to despair and, at times, paranoia. The Tucson, Arizona-based host described feeling “heartbroken” that his home state might have played a role in the administration’s demise. Noting that he had visited the Oval Office more than a half-dozen times under Trump, he spoke of the people he had met through the NBPC’s close ties with the presidency. “I really hope it’s not over,” he said. If Trump lost, Del Cueto said, the nation could expect a “crazy uptick in just lawlessness at the border” and “more hate and discontent towards our law enforcement.” The “socialist regime” of Joe Biden would open the border to criminals, he warned, while mauling the Second Amendment. “We’re in trouble,” Del Cueto told his listeners. “He’s going to take away your guns and your ability to defend yourself.”
After four years of full-throated support for Trump, and with the transition to Biden underway, the ground beneath the Border Patrol union and the agents it represents is clearly shifting. What those shifts will mean in the coming years is uncertain. The NBPC ignored The Intercept’s repeated requests for interviews with Del Cueto and NBPC President Brandon Judd, the union’s most vocal supporters of the president’s immigration and border policies.
Though the union touts itself as the voice of the Border Patrol’s rank and file, an active duty agent on the U.S.-Mexico divide, speaking on condition of anonymity because he is not authorized to speak to the press, provided a different take of the present moment. While stipulating that he does not “carry the majority opinion of the agents on the ground,” the agent told The Intercept that he expects the incoming administration to “bring balance back to homeland security.”
The overall mission and the fundamental dynamics between Washington, D.C., and personnel in the field won’t change, the agent said. “There were a lot of deportations under Barack Obama,” he noted. “There were a lot of deportations under President Trump, and I’m pretty sure there’s going to be deportations under Joe Biden.” The main difference between a Trump and Biden White House, the agent argued, is that the latter will bring with him experienced professionals who can work the levers of the immigration enforcement machine. “I think the Biden administration is going to come in with a plethora of more experience in disseminating regulations so that the agents, the boots on the ground, have a better direction of what to do [and] how to do it,” the agent said. “It was just chaos under Trump.”
As for the union, the agent said the NBPC is now reaping what it sowed. “In politics, when you play hard, you fall hard,” he said. Rattling off a list of areas in which he believed the union failed in its core mission, including obtaining overtime pay that was the subject of litigation under Obama, the agent said the NBPC needs to reassess its approach “because the way they’ve been doing it for the past four years is pretty shameful.”
“What exactly did Border Patrol agents receive under Donald Trump?” the agent asked. “We didn’t get anything. We didn’t get extra funding. We didn’t get our overtime pay back,” he said. “We took all these hits for this guy and we got nothing — we got a border wall while we’re suffering a manpower shortage across the nation. That’s what we got.”
Complete Politicization
That the leadership of the Border Patrol’s union was adamantly pro-Trump was not exactly shocking, but the relationship between the administration and partisan elements of the homeland security apparatus went beyond the fealty one would expect from a right-wing police union to a right-wing politician.
Under Trump, the nonunion leadership of the Department of Homeland Security often sounded less like apolitical public servants and more like the Fox News talking heads, which a number of them in fact were. In the meantime, their agencies were routinely employed in hyperpoliticized applications of federal law enforcement power, including the systematic separation of migrant families as a means to deter would-be asylum-seekers, the prosecution of humanitarian aid workers, the destruction of sacred and protected wilderness in service of border wall construction, and the deployment of homeland security surveillance and special operations elements against protesters and journalists in American cities.
“DHS has been completely politicized,” Gil Kerlikowske, former commissioner of U.S. Customs and Border Protection under Obama, told The Intercept. “CBP and ICE in particular.”
For many Americans, a recognition of that politicization crystalized in July, when video of a Border Patrol tactical unit bundling a protester in Portland, Oregon, into an unmarked van went viral. The DHS presence in the city became a major strut in Trump’s reelection bid. The only reason the so-called BORTAC teams were needed was because Portland’s Democratic leaders had ceded the city to radical leftists, the president and his allies would say, arguing that the abdication of duty was part of a broader pattern in Democrat-run cities across the country.
Geared up like commandos, the BORTAC teams were deployed under the leadership of Chad Wolf, a former Transportation Security Administration lobbyist who spent the bulk of his tenure as the top official at DHS unconfirmed by Congress. According to a decision by the Government Accountability Office, both Wolf and his deputy, Ken Cuccinelli, were appointed to their positions illegally. While Wolf and Cuccinelli echoed the president’s lines in public, a whistleblower complaint filed by the former head of intelligence at DHS claimed that the two men engaged in an internal effort to manipulate intelligence reports to align with the Trump’s talk of a dangerous left-wing menace, while downplaying threats posed by white supremacists. Wolf denied the whistleblower’s allegations.
Further evidence of politicization emerged in October, when NBC News revealed that DHS directed personnel to make sympathetic statements about Kyle Rittenhouse, a 17-year-old accused of murdering two people and wounding a third at a Black Lives Matter protest in Kenosha, Wisconsin. The directive followed comments Trump made suggesting that Rittenhouse, an outspoken supporter of his administration, had acted in self-defense. As the election drew nearer, DHS amped up the rhetoric of approaching danger, with the Border Patrol producing a fictionalized video of an immigrant knifing an American citizen to death, and Wolf and Cuccinelli touring battleground states where they warned of “evil people who seek to travel to the United States with the intent of harming and killing Americans.”
With Trump’s final days in office now ticking away, the question for the incoming administration is what to do about a massive — and massively powerful — federal law enforcement entity that has shown itself to be profoundly susceptible to politicization. The transition team for Biden, the man millions of Americans are counting on to undo Trump’s policies, declined to make any of the president-elect’s immigration advisers available for comment. DHS and CBP did not respond to requests for comment.
Last month, Biden tapped Alejandro Mayorkas, an Obama-era DHS veteran, to lead the colossal department. Prior to serving as deputy secretary of Homeland Security, Mayorkas ran U.S. Citizenship and Immigration Services, an office that administers citizenship, visas, asylum, and other immigration benefits. The selection of Mayorkas, the son of Cuban refugees whose experience in DHS is linked to the granting of benefits rather than the execution of deportations, has been seen by many as a repudiation of the Trump era. “A lot of us are very hopeful,” a senior asylum officer, speaking on condition of anonymity because he is not authorized to speak to the press, told The Intercept. “The incoming DHS secretary has a lot of immigration experience, and not in the enforcement side.”
Beyond policy, one of the thorniest problems the next head of DHS is likely to face is the entrenchment of an insular, hard-right worldview prevalent among influential officials within the department’s border and immigration agencies. The story of where that politicization came from, and what it could mean for the incoming administration, begins long before Trump entered the picture and runs directly through the nation’s largest and most troubled law enforcement agency.
A New Day
In March 2016, Stephen Miller got on the phone for an interview with Brandon Darby. At the time, Miller was an adviser on Trump’s election campaign. Darby was a left-wing activist turned FBI informant and head of border coverage for Breitbart News, then overseen by Steve Bannon, who would soon join Miller on the campaign and follow Trump into the White House. The interview was brief and presented as a scoop, with Darby asking Miller what role the Border Patrol’s union might play in a Trump administration.
Miller gushed about the union’s role as “the only voice for the agents” and “the only way agents can protect themselves from political appointees and special interests” before delivering his big reveal. “I am here today to say that we are going to work closely, directly, and intimately with the National Border Patrol Council to develop a border policy for this nation,” he announced. The young adviser went on and on, eagerly vowing in various ways that the Border Patrol’s union would play a central role in policymaking under Trump. In the end, he said, “It will be a new day in America for the National Border Patrol Council.”
Trump had already met with Border Patrol union officials nearly a year earlier, during a visit to Laredo, Texas. The encounter received a poor reception on “The Green Line,” with the show’s hosts dismissing the invitation Trump received as a cynical move by a local union official. Miller’s interview with Darby was different. “I like what he’s saying. I think what he’s saying should energize most agents,” “Green Line” host Thane Gallagher said of the interview. Co-host Shawn Moran agreed, adding that he was “really glad that a presidential candidate is talking about people that are on the frontlines of immigration enforcement and border security.”
One week later, NBPC leaders decided, for the first time in the union’s history, to endorse a presidential candidate, siding with Trump. Though ostensibly reflecting the will of thousands of agents, the historic decision was made by a small circle of 11 senior NBPC officials. Moran thanked Darby and Miller “for all the behind the scenes work that’s been going on,” and added that Judd, the NBPC president, had “been talking to Mr. Miller for quite a while now, working out the different details of this.” Miller’s vows seemed to come to fruition, with the president signing an executive order during his first week in office calling for a radical expansion of the Border Patrol and ICE. A year later, when the administration was met with internal resistance over plans to deploy troops to the border as part of “Operation Faithful Patriot,” which had been criticized as a political maneuver timed for the unfolding midterm elections, Miller successfully fought back in a contentious West Wing meeting — and Judd was right there with him.
That a Border Patrol union chief would play any role in a White House meeting concerning the movement of U.S. troops spoke to the deeply unconventional relationship between the NBPC and the Trump presidency. Still, it wasn’t always clear exactly how the media appearances and special access union leaders enjoyed benefited agents in the field.
When Trump’s demands for border wall funding led to the longest government shutdown in U.S. history, the NBPC, via Judd, stood behind the president, even as agents on the ground went without pay. In the end, the massive expansion of the Border Patrol never came. Instead, Border Patrol staffing levels declined under Trump. A DHS inspector general report found that CBP, which oversees the Border Patrol, paid a private firm nearly $300 million to recruit and hire the 7,500 officers and agents Trump’s order called for. The effort netted exactly two accepted job offers.
The news wasn’t all bad, however, at least not for the union’s top officials. In late 2019, the NBPC managed to secure a highly unusual contract deal that would allow the union to pull more agents out of the field and into its ranks, where they would be freed up to offer political commentary, just in time for the 2020 election. A former senior administration official told the Washington Post that the arrangement was “a total quid pro quo.”
Integrity Lost
For James Tomsheck, the Border Patrol’s posture under Trump was the latest chapter in a long, dark saga. After having devoted most of his adult life to federal law enforcement, serving 23 years as a Secret Service agent, Tomsheck was appointed as CBP’s head of internal affairs in June 2006. He spent the next eight years as the top official investigating corruption and abuse inside the nation’s largest law enforcement agency.
The origin story of CBP was one of vast, unchecked growth powered by the great post-9/11 reshuffling that produced the Department of Homeland Security. Today, most of the agency’s roughly 60,000 employees fall into two categories: the blue uniformed officers posted at the nation’s ports and the green uniformed Border Patrol agents who work between them. Three months after Tomsheck started his job, the number of agents in green began increasingly substantially. In 2001, the Border Patrol employed just over 9,000 agents. By the end of the Bush administration it was twice that, and under Obama the Border Patrol would grow to 21,000 agents.
“My job was to coordinate the personal security protocols to enable finding an adequate number of agent applicants suitable for those positions, which became a significant challenge,” Tomsheck told The Intercept. As most law enforcement scholars will attest, rapid, politically pressured expansion of policing agencies tends to result in disaster. Training and hiring standards fall by the wayside and dangerous individuals find themselves with a badge and a gun. For Tomsheck, the warp-speed enlargement of CBP and the Border Patrol specifically was the epitome of that dynamic: “I believe it led to the greatest compromise of law enforcement integrity our country has ever seen.”
During Tomsheck’s tenure, an average of nearly one CBP employee a day was arrested on misconduct charges. Drug trafficking within the border security agency was a serious problem — with Tomsheck’s investigators uncovering CBP employees who admitted to working for Mexican organized crime — as were violent offenses, including murder and rape. In 2009, the Justice Department established new protocols and priorities that would make corruption within the nation’s federal border security agencies the FBI’s number one domestic criminal priority. Tomsheck’s office cultivated a strong relationship with the bureau, building Border Corruption Task Forces, or BCTFs, where investigators from CBP internal affairs would work alongside agents from the Drug Enforcement Administration, the FBI, and ICE.
Through that work, Tomsheck eventually came to believe that between 5 and 10 percent of CBP’s workforce was either actively or formerly engaged in some form of corruption; other senior officials estimated that the figure could be as high as 20 percent, which in an agency as large as CBP would translate to more than 10,000 individuals. But as the presidency passed from Bush to Obama, the head of internal affairs found that his efforts at rooting out corruption brought him into direct conflict with Border Patrol leadership. In 2011, Tomsheck filed a whistleblower complaint reporting that the chief of the Border Patrol had berated him for failing to adhere to the Border Patrol’s “corporate message” by laying out the facts of the agency’s corruption problem to lawmakers, and had “consistently resisted and attempted to obstruct integrity initiatives” at CBP, ordering the internal affairs office to redefine corruption so that its total number of cases wasn’t so high.
On top of the problems created by the post-9/11 surge in agents, the Border Patrol’s propensity towards corruption, obfuscation, and abuse stems from a combination of cultural and historical factors, Tomsheck argued. “Border Patrol brings to the position a strong paramilitary self-identity, believing they are not restrained by the same constitutional restraints placed upon all of law enforcement,” he said. That identity rests upon a longer history of being seen a backwater agency, one that was chronically understaffed and under-resourced. “They developed a culture of getting the job done and having to develop many workarounds to get the job done,” Tomsheck said. “Through decades and decades of operating under those conditions, they’ve come to think that they are not confined to engage in the same way as other law enforcement organizations.”
Since the creation of CBP, the Border Patrol’s upper ranks have been disproportionately populated by a relatively small circle of individuals — nearly all of them men, though there have been some exceptions such as recently retired Chief Carla Provost. As investigative reporter Melissa del Bosque documented earlier this year, the so-called Douglas Mafia, a reference to the officials’ collective roots in Douglas, Arizona, embodied an “entrenched us-against-them defiance” that impacted the attitude of the Border Patrol as a whole. Tomsheck experienced that attitude firsthand.
“Border Patrol has evolved into a law enforcement organization that, more than anyone I know, operates under the theory of a good ol’ boy network,” he said. That network, he went on, routinely engages in efforts to shape politics in a manner that’s anathema to the idea of nonpartisan law enforcement. “In CBP,” he said, “I found the Border Patrol was an agency that courted politicians at every opportunity in an effort to sell the agenda and to assert influence over the process.”
Dark Days
One of the most important junctures on the road to Trump and the politicization of DHS, and one with potentially profound lessons for the coming Biden administration, came in the summer of 2014. In June of that year, photos leaked to Breitbart, showing women and children crowded into holding cells in South Texas, were reported as evidence that “thousands of illegal immigrants have overrun U.S. border security and their processing centers in Texas along the U.S./Mexico border.”
Apprehensions across the border were in fact at their lowest levels since the 1970s. In the preceding year, however, apprehensions of Central American children had jumped by nearly 150 percent. A narrative of crisis at the border took hold, and in response, the Obama administration built enormous family detention centers to deter others from coming north. For critics on the left, the pivot to detention was seen as an appalling response to a humanitarian emergency. On the right, however, the images obtained by Breitbart were further proof that the Democrats were ceding the border and lawlessness was setting in.
The photos appeared in a moment of sharp ideological divide over the proper role of law enforcement in society. At the same time that children were showing up to the border, a series of police killings was fueling Black Lives Matter protests across the country. By the end of the year, a movement to support the police, complete with its own flag, had rose up in response.
It was against this contested backdrop of national discord over law enforcement and the border in the waning days of Obama’s presidency that Stephen Miller saw fit to make inroads with the Border Patrol’s union, publicly assuring its members that Donald Trump cared. Trump himself appeared on “The Green Line” to drive the point home soon after, agreeing with the hosts that of course there was a link between refugees and terrorists, and asserting that it would take another 9/11-level trauma for the nation to begin taking border security seriously.
Tomsheck retired from CBP in early 2015, a year before Trump made his pitch to the union. His exit followed a “reassignment” that to him looked and felt like an effort to push him out of the agency, especially after anonymous DHS officials began telling reporters that he had been insufficiently aggressive in his internal investigations. Tomsheck, who maintains that the claims were patently untrue, pushed back in a sweeping interview with the Center for Investigative Reporting in 2014, recounting the numerous accountability roadblocks he encountered at CBP. He revealed that he believed “at least a quarter” of the 28 fatal CBP shootings in the previous four years were “highly suspect,” with Border Patrol leadership stepping in to justify agents’ use of force rather than conducting thorough investigations.
The incidents Tomsheck referred to were but a fraction of the fatal encounters involving CBP in recent years. Four years after he left the agency, an investigation by The Guardian uncovered 97 cases of CBP personnel using deadly force on and off the job since 2001, resulting in the deaths of at least 28 U.S. citizens and six children. Meanwhile, the murkiness surrounding internal investigations of alleged Border Patrol abuses and corruption has not lifted. Looking back, the former investigator sees a clear line between the Border Patrol’s political posturing in the later years of the Obama administration and its centrality in the era of Trump.
“I wasn’t surprised at all to see them attempting to use the political process unfolding between 2015 and today to their advantage,” Tomsheck said. “I think they saw an opportunity with the announcement by Donald Trump that he was running for president to gain political favors by attaching themselves to someone that seemed to have policies that were in line with their view of the world.”
Among the most talked about challenges Biden may face upon entering office is a scenario in which waves of unaccompanied children and families show up at the border seeking asylum — similar to 2014 but this time amid a deadly global pandemic. “The general consensus among agents is that we’re going to be getting another round of caravans because of the change in administration,” said the Border Patrol agent who spoke to The Intercept. “I think that Joe Biden is going to give a lot of hope to folks and we might be completely overwhelmed, yet again.”
Should that influx come, it will follow what has already been a year of hardship along the border. In Arizona, law enforcement officials have said that the Trump administration’s policies have revived “the dark days” of human smuggling in the state. This year, Arizona approached the highest level of migrant remains recovered in the desert in a decade. Across the border there have been cases of migrants falling to their deaths from the border wall, including a 19-year-old Guatemalan woman in Texas who was 30 weeks pregnant and an unidentified woman in New Mexico. “We’re now being plagued with hospitalization because these folks are still climbing over that wall,” the Border Patrol agent said. “Your guys that are supposed to be protecting the homeland, because of his border wall, are now sitting in a hospital watching a migrant getting treated medically.”
When asked what he and his colleagues would need to respond to another large influx of unaccompanied children and families, the agent focused on the practical and the logistical: having enough food, clear protocols and functioning lines of communication, and sufficient staffing. More arrivals means more paperwork, which means migrants are locked in what are supposed to be temporary holding cells for longer periods of time, the agent explained. “It lengthens the stay for those folks that are here,” he said. “Then you start talking about inhumane, not living quarters, but I guess temporary living quarters, where they’re stuck in a cell for a whole fucking week.”
In 2014, the last time Biden was in the White House and national attention was focused on the border, journalist and historian Garrett Graff published a sweeping investigative examination of CBP for Politico Magazine, explaining how the agency’s culture of corruption gave rise to its moniker “The Green Monster.” Graff returned to the subject in 2019, exploring how the underlying message that was sold to would-be agents during the post-9/11 hiring surge — that by joining the Border Patrol they could become borderlands commandos in the global war on terrorism — produced an incongruity between the self-identity of the Border Patrol and the reality of the border. “CBP went out and recruited Rambo,” he wrote, “when it turned out the agency needed Mother Teresa.”
Though it is clear there are agents who understand their job is not an action movie, images of a heavily armed tactical team in night-vision goggles raiding a humanitarian aid station in the middle of an Arizona heatwave are a reminder that the Rambo mentality is alive and well in the Border Patrol. That fact, combined with the other conditions Biden will face stepping into office — a potential increase in migration, the coronavirus pandemic, the interests of a multibillion-dollar border security apparatus, and the grievances of an influential pro-police political constituency — point to a tough road ahead.
If the Biden administration hopes to have any success in rolling back Trump’s legacy on the border, which itself was rooted in Obama’s legacy on the border, it will need to formulate a response to the politicization that has taken root in the government’s front-line homeland security agencies. Biden’s choice for CBP commissioner will be key, Tomsheck said. “That person needs to have the wherewithal to go toe-to-toe with Border Patrol leadership and confront their excessive use of force issues and tolerance of significant integrity problems,” he said. The ideal candidate would be “someone that is willing to work hard to undo the militarization that the Border Patrol has brought to CBP,” he said. “Someone that will work hard to once again install a culture of concern, caring and compassion for the mission, to engage with those persons they meet at the border in a manner that’s consistent with law enforcement — not consistent with military organizations.”

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The Union Members Who Voted for Trump Have to Be Organized - Not Ignored |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=55320"><span class="small">Mindy Isser, In These Times</span></a>
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Tuesday, 29 December 2020 09:31 |
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Isser writes: "Most Americans hold a confusing mix of political beliefs that will never fit squarely within the Democratic and Republican parties."
Supporters of Donald Trump. (photo: Guardian UK)

The Union Members Who Voted for Trump Have to Be Organized - Not Ignored
By Mindy Isser, In These Times
29 December 20
Unions should be holding more political discussions with their members—and listening closely to their needs.
lthough President Donald Trump will be leaving the White House, progressives must reckon with the fact that 74 million people?—?almost a third of whom came from households making under $50,000—voted for him. It is alarming that so many working-class people would vote against their class interests, but perhaps most alarming of all are the union members who were drawn in by Trumpism. Before the 2016 election, Democratic presidential candidates had long won union households by comfortable double-digit margins; but in 2016 and 2020, Trump eroded those margins. If the Left is to win progressive policies (and the next presidential election), it needs a militant labor movement. Unions, after all, are one of the only effective working-class institutions in this country that can engage workers to build power on the job and in society at large. We must understand who these union Trump voters are, why they voted for Trump, and what can be done to win them back.
Many on the Left have written off Trump supporters as a lost cause or unworthy of effort. This response is understandable, particularly for people of color and others directly harmed by Trump policies. And we should by no means court the vocal subset of Trumpists who are virulent white supremacists.
But most Americans hold a confusing mix of political beliefs that will never fit squarely within the Democratic and Republican parties. When the group Working America held in-depth conversations with more than 2,300 working-class voters in so-called battleground states in 2016 and 2017, it found that beliefs didn’t map to party lines: Voters believed in both expanding the coal industry and protecting the environment; in both universal healthcare and keeping out “freeloading” refugees; in both banning abortion and lowering healthcare costs. A 2019 poll from the Kaiser Family Foundation and Cook Political Report found that, in battleground states, 70% of respondents supported a pathway to citizenship for undocumented immigrants and yet 71% felt it was a bad idea not to detain people who crossed the border without documentation. Not every issue drives voting behavior: 70% of Americans support Medicare for All, and yet the presidential candidate championing the policy (Sen. Bernie Sanders) came up short.
If the goal of reaching out to Trump voters is to activate their progressive beliefs strongly enough to influence their voting behavior, then union Trump voters should be a promising place to start. A good union naturally ties the fate of the worker to others, a powerful counter-narrative to the rugged individualism our society (and Trump) promotes. Union members are also (theoretically) trained and experienced in fighting their bosses. Being part of a struggle against a boss means reliance on fellow workers, regardless of race and gender and other social divisions. Unions themselves, of course, need to embark on a far-reaching program for membership to put these struggles in context?—?one that doesn’t shy away from tough questions in fear of upsetting a (tenuous) sense of unity.
Discussions around immigration and racism, for example, are challenging in their own right but have become especially charged since Trump took office. Avoiding these topics may preserve a sense of unity in the short term but damages the long-term ability of workers to forge solid bonds of solidarity and organize to fight against racism and social programs like Medicare for All.
To understand how unions might reach the union Trump voter, we can look at how similar efforts have succeeded and failed?—?and get to know union Trump voters themselves.
The Trump Unionist
Tony Reitano, 49, works in maintenance at a Bridgestone plant in Iowa. He is a member of the United Steelworkers and voted for Trump in 2016 and 2020. Reitano tells In These Times, “I liked what [Trump] said about trade deals in 2016; that was a big thing for me … bringing jobs back to America.” He adds, “And this time around, [Trump] did, or tried to accomplish, all of the things he said he was going to do … like backing away from the [Trans-Pacific Partnership].” (The United Steelworkers, which endorsed Biden in 2020 and Clinton in 2016, opposes the trade deal, on the grounds that jobs would be lost.)
Trump voters often cite their concern with jobs and wages as the reason they voted for him. While most voters rank the economy as one of their most important issues, 84% of Trump voters rated the economy as “very important” in 2020, compared to Biden supporters’ 66%.
Lynne (who didn’t want her last name used for fear of social retaliation), 62, is a retired teacher and union member in the suburbs of Philadelphia. A registered Independent, Lynne voted for Obama in 2008, moved by his message of hope and change. Like Reitano, she was drawn to Trump in 2016 by his economic promises?—?and voted Trump again in 2020. “You can’t care about other policies if you’re worried about losing your house or if your children don’t have food or if your heat may get turned off,” Lynne tells In These Times. “Having shelter and food is everyone’s number one concern. And with Trump, we had the lowest unemployment rate in this country … for everyone, including Latinos and Blacks.”
Trump clearly understood that a strong economic message would be the key to victory, boasting about the unemployment rate on the 2020 campaign trail. But the Trump unemployment rate only decreased slightly before the pandemic, and likely because of Obama-era policies. Meanwhile, wage growth has stagnated or declined for the bottom 70% of workers since the 1970s and the Job Quality Index (a proxy for the overall health of the U.S. jobs market) fell significantly after 2006 and never recovered.
Amid this uncertainty, Trump parlayed economic concerns into his brand of racism to drive white voters. Of course, many Trump voters do not consider Trump an ardent racist. For example, Ernie Justice, 76, a retired coal miner in Kentucky, tells In These Times that “there’s not a racist drop of blood in Donald Trump.” Like Lynne, Justice also voted for Obama and later Trump. Lynne, too, says she “doesn’t really see the racism.”
But Trump certainly associated the decline in quality of life experienced by white workers with not only the Democratic Party, but immigrants and other people of color. George Goehl, director of the national grassroots organizing network People’s Action, says “Democrats’ lack of willingness to name the enemy?—?runaway corporate power?—?just left a huge vacuum for the Right to use race and immigration.”
While Republicans authored the so-called right-to-work legislation that has undermined union organizing, Democrats are the proponents of the free trade agreements that have decreased wages and off-shored jobs. Decades of economic devastation?—?including loss of good union jobs in the Rust Belt, factories moving abroad and stagnant wages— opened a door for Trump to step through. Goehl says people have “clearly been punched in the gut tons of times by neoliberalism”?—?and Trump’s campaign capitalized on that by promising to bring back manufacturing jobs.
This landscape is difficult for both unions and the Democratic Party. While union leadership has thrown its weight behind Democrats in hopes of better organizing terrain, establishment Democrats are caught between unions and their party’s allegiance to big business. And the Democrats have a history of making labor promises they don’t keep. In 2008, Obama ran on passing the Employee Free Choice Act, which would have made the process of unionization faster and easier?—?but didn’t champion the bill once elected. And unions, which are no match for lobbying efforts by giant corporations like Walmart or Home Depot, couldn’t win the law alone. Repeated disappointments have led union members to lose faith in institutions they once held dear.
That loss of faith played out in the 2016 and 2020 elections. After unions spent record amounts on campaigns to defeat Trump, Hillary Clinton won union households by only 8% in 2016 (to Obama’s 18% in 2012), a small enough margin to cost her Pennsylvania, Michigan and Wisconsin (and the election). And after unions broke that 2016 record in 2020, Biden won union households by 16% (and won those three states back), but Trump won union households in Ohio by 12% (which Obama had won by 23%). Unions can spend huge amounts of money and mobilize the votes of a (declining) portion of their members, but to keep those members from slipping away, they’ll need to do much more.
A Battle of Ideas
Each of the three Trump voters who spoke with In These Times for this story mentioned jobs and the economy as big issues, but all independently shared concerns about open borders, later abortions, and the creep of socialism and communism. These issues are discussed nearly constantly on Fox News and by conservative radio personalities like Rush Limbaugh and Sean Hannity. And as trust of the media is at an almost all-time low, many Trump supporters only tune into media that reflects what they already believe?—?just as centrist and liberal Democrats watch CNN or MSNBC. Never mind that the U.S.-Mexico border wall was started under President Bill Clinton, later abortions are exceedingly rare and most socialist organizing is about basic rights, like healthcare and a living wage.
The constant onslaught of hateful messages from rightwing media and the war waged against the working class by the rich has led U.S. workers into a fog of confusion without an ideological beacon to help clarify and fight back. The unions that have survived have become more insular, increasingly focused on the immediate issues of their own members, taking a concessionary approach that treats bosses like coalition partners. If the Left and unions hope to make appeals to union Trump voters (and other sections of the working class), this strategy must change.
Unions need to cut through the right-wing fog of disinformation by offering educational programs of their own to explain the systemic problems causing the decline in workers’ conditions. One model, offered by People’s Action, has shown that talking with Trump supporters about systemic issues can effectively shift attitudes. Beginning in 2017, George Goehl and People’s Action embarked on a rural and small-town organizing project, focused on “deep canvassing,” to show white people how systemic racism is real and actively harming them and their communities. (Some of these people are union members, though many are not.) While many (especially nonwhite) people on the Left find it difficult to have conversations with Trump supporters (fearing abuse or just afraid of wasted energy), Goehl sees the talks as crucial. “While you are much more likely to live in poverty if you are Black or Latino, the largest group of people living in poverty are white people,” Goehl says. “And a Left saying, ‘We are not going to be in relationship with the largest group of people living in poverty’ … seems nuts.”
People’s Action has had nearly 10,000 conversations in rural areas since the 2016 election, mostly with Obama voters who flipped to Trump. While immigration is a controversial issue all over the country (including inside the Democratic Party), objection to a wider immigration policy is higher in rural areas, presumably because of the ease of blaming immigrants for a lack of jobs. During their deep canvasses, People’s Action organizers found that the mostused word was “lack,” and that economic insecurity reverberated through all responses. “When we asked people who they saw as responsible for the declining conditions,” Goehl says, “people were able to pick multiple answers, and 41% of people said undocumented immigrants, but 81% [said] a government encaptured by corporations.”
Onah Ossai, an organizer with Pennsylvania Stands Up, which is affiliated with People’s Action, tells In These Times, “People at the top [are] using race and class to divide us so that they can turn around and pick our pockets. … Everyone [whose door we knock on] agrees with that.”
Melissa Cropper, president of the Ohio Federation of Teachers and secretary treasurer of the Ohio AFL-CIO, echoes Goehl, telling In These Times, “It’s hard to get out and have these grassroots-level conversations, but we need to invest in grassroots organizers from the communities who can have these conversations and can work [on solutions] with the community.”
Unions can follow People’s Action by holding more political discussions with their members about how the labor movement (and the Left) fights for working people. But they must also show the path forward?—?how workers themselves can join the fight to rein in corporate power.
Rebuilding unions?—?organizing more workers?—?is the first step toward a broader worker coalition. But People’s Action and progressive unionists also believe race and class issues are keys to a coherent Left?—?because if we ignore them, the Right will use them to drive a white, reactionary, populist movement.
“[Labor leaders] have to … explain the construction of race and capitalism,” says Bill Fletcher Jr., executive editor of The Global African Worker and former AFL-CIO staffer. “The absence of that, and the reliance on so-called diversity programs, at best teaches tolerance but does not get at the particular role that race plays as a division of the working class. They need to embark on massive internal educational efforts.”
Unions should place a higher premium on building solidarity among the working class as a whole, in all of its diversity. One example is the 2020 partnership between the United Electrical Workers (UE) and the Democratic Socialists of America (DSA). The groups formed the Emergency Workplace Organizing Committee to help workers organize on the job in the midst of Covid-19. It’s exactly the kind of alliance the Left and the labor movement should forge, amplifying both groups’ impacts by organizing new workers and engaging existing membership.
These types of alliances demonstrate an attitude of “not me, us” (to quote Sanders’ presidential campaign slogan)— the key to building worker trust and taking on the powerful forces ultimately responsible for the economic inequality so many experience. Reitano believes strongly in his union, but he worries that new hires, who are immigrants, won’t join the union or won’t fight for higher wages, because they are used to lower wage standards. “If the union can educate these people so they understand that we have to stand together, I think it’ll be okay,” he says. In a situation like this, a union political education program could not only engage new members, as Reitano suggests, but also forge solidarity and trust across the old guard/ new guard divide.
Currently, however, many unions focus primarily on mobilizing their members to vote, rather than on a more robust political program. In many cases, members don’t have a mechanism to even offer input on the political endorsements of their locals and internationals. Instead, every union shop should have stewards who constantly engage workers in educational programs and struggles on the shop floor. Unions launched campaigns like this in anticipation of the 2018 Janus Supreme Court decision, which allowed public-sector employees in union shops to get the benefits of the union without paying for them. Many unions around the country began proactive campaigns to talk one-on-one with their members about the importance of their union. In the conversations, they stressed the power of collective action and exposed the right-wing forces trying to undermine unions through Janus and other measures. They encouraged members to recommit to being dues-paying members even though they would soon have the ability to become “free riders.”
None of this work will be easy, but unless unions commit to this educational work, Trumpism will continue to grow and the possibility of achieving policy that can actually help working people will diminish. (Left unchecked, Trumpism also could drive an increasingly violent alt-Right.) The Left must support unions in this work by engaging in partnerships (like the DSA/UE partnership) and encouraging workers to organize and unionize.
The Democratic Party, for its part, must prove itself worthy of the union vote. Right now, tens of millions of workers (both union and nonunion) are suffering through unemployment, housing insecurity, hunger and a lack of healthcare in a devastating pandemic. The Democratic Party leadership has barely lifted a finger to put up a real fight to win relief that is desperately needed by so many. They could take example from Sen. Sanders, who has voiced his opposition to the most recent proposed “compromise” stimulus bill. While millions suffer through the coronavirus pandemic with woefully inadequate federal support, Democratic Party leadership has refused to go big, choosing to ignore the progressive Dems’ early push for monthly cash payments and expanded Medicare. Without these steps, the Democrats should not expect working people to vote for them without question.
Without countermeasures from unions and Democrats alike, Republicans will continue to turn the union vote. A 2020 Delaware Senate race between Republican challenger Lauren Witzke and Democratic incumbent Sen. Christopher Coons offers a glimpse of what’s to come. Though she lost (with 38% of the vote), Witzke ran on an “America First” platform including support for unions and collective bargaining, opposition to immigration (on the basis that migrant workers worsen conditions of all workers), and an anti-abortion stance.
While Trump’s racism likely provoked many white professionals to vote against him in 2020, it did not deter a growing group of people of color?—?and what’s even more alarming than a whites-only right-wing movement is a multiracial one. To counter the appeal of Trumpism, we need to build a multiracial, working-class labor movement that can arm workers with solidarity and a renewed commitment to struggle for the world we deserve.

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