NEW YORK –The New York Civil Liberties Union, American Civil Liberties Union and Brooklyn Defender Services filed a federal class action lawsuit today challenging the recent cessation of bond hearings for immigrant detainees and the Trump administration’s indefinite detention of immigrants.
The administration’s halting of bond hearings in New York follows a February Supreme Court decision in a case from California, Jennings v. Rodriguez, holding that a federal immigration statute does not entitle immigrants to bond hearings. In that case, the Supreme Court chose not to decide whether the U.S. Constitution independently requires bond hearings and instead sent the case back to the appeals court in California to address that question. In New York, however, the federal appeals court already recognized that the Constitution requires such hearings in a 2015 case, Lora v. Shanahan. Nonetheless, the federal government has stopped providing them to immigrant detainees in New York. Today’s lawsuit seeks to restore bond hearings and due process protections for jailed immigrant New Yorkers.
“In the pursuit of its anti-immigrant agenda the Trump regime seeks to do away with basic legal protections that are fundamental to any notion of justice,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “Immigrants are entitled to due process, and bond hearings are a vital safeguard against the unjustified and prolonged imprisonment that the Trump regime seeks to impose on all immigrants. The New York Civil Liberties Union and our partners will fight to ensure immigrant New Yorkers can rely on the rule of law even under the Trump regime. ”
Hundreds of thousands of people both with and without lawful status are detained by Immigration and Customs Enforcement (ICE) each year. Immigration detention can last months or even years, as people fight their deportation cases through a slow and backlogged immigration court system. Bond hearings are an essential opportunity to demonstrate to a judge that incarceration is not necessary to ensure that someone returns to court. Without a hearing, immigrants, including asylum seekers and green card holders, may remain locked up indefinitely while they fight their cases.
“Without the opportunity to request release, our clients, including asylum seekers and long-time green card holders, are indefinitely detained and separated from their families, their jobs, and their communities in horrific detention centers,” said Lisa Schreibersdorf, Executive Director of Brooklyn Defender Services. “Indefinite detention is contrary to our most basic constitutional principles and we are proud to continue the fight for due process and justice for our clients and their communities.”
The lead plaintiff in the class action, Augustin Sajous, is a 60-year-old Haitian man who has lived in the US for 46 years, since he became a permanent resident as a child in the 1970s. He studied engineering, bought a house, and helped raise a family, but in recent years he has struggled with mental health issues, which led to bouts of homelessness. Mr. Sajous was arrested by ICE in September 2017 and is subject to deportation because of two 2015 misdemeanor convictions for bending MetroCards in order to use them with zero balance.
“The Supreme Court’s recent ruling does nothing to undermine the fact that the Constitution ensures that all people in the U.S. are entitled to due process protections,” said Jordan Wells, staff attorney at the New York Civil Liberties Union. “We are taking action now to ensure that immigrant New Yorkers who are currently detained get a fair opportunity to secure their freedom.”
In addition to Wells, counsel on the case include NYCLU staff attorneys Robert Hodgson, Paige Austin, and Aadhithi Padmanabhan, associate legal director Christopher Dunn and paralegal Maria Rafael, ACLU Immigrants’ Rights Project staff attorney Michael Tan and deputy director Judy Rabinowitz, and BDS attorneys Andrea Saenz, Brooke Menschel, Zoey Jones and Bridget Kessler.
Judging by the Women’s Marches – 280 of them around the country that drew 2 million activists on behalf of women’s reproductive freedom, health care, workers rights, DACA, climate, gun control – the Democrats were headed for a rout in 2018.
Now, pundits are questioning whether the government shutdown – and then the capitulation by Democrats – will jeopardize the Democrats’ chances of taking back the Senate and even the House.
And sure enough, the Republicans have proved yet again they are so much better at message manipulation – the signature talent of every autocracy.
It is a curious thing because the 2013 government shutdown, forced by Republicans who held Obamacare hostage and the many instances of Republicans coming to the brink of endangering the full faith and credit of the United States by threatening the debt ceiling, nonetheless won victories in the 2014 midterms, even taking over the Senate.
But it is different for Republicans who want to tear down government, and Democrats, who actually believe that government can be and should be a force for good.
But what did the Republicans actually win besides the message game? A few days reprieve? When instead the government shutdown over a failure to follow through on the deal to reauthorize DACA so clearly demonstrated the dysfunction, dishonesty, bad faith and sheer cruelty of Republican domination?
And is it wise for Trump to crow that Schumer “caved,” for Pence to go to the Middle East and lambast the Democrats as enemies of our soldiers, for the OMB Director Mike Mulvaney to mimic the phrase being hyped by Russian bots, #SchumerShutdown, and the Republican Congressional Campaign Committee to show glee that Schumer is “feeling the heat from the left, with #SchumerSellout trending on social media and Democrats who supported reopening the government are being branded as traitors”?
And how cynical is it for Trump to issue a reelection campaign ad blaming Democrats in advance if anyone is murdered by an illegal immigrant, yet taking no responsibility at all for 33,000 gun deaths a year (a woman is shot and killed by a current or former partner every 16 hours. 10 kids and teens are killed each month in unintentional shootings) and the ease with which terrorists can buy guns because of Republicans’ refusal to adopt reasonable gun control measures?
After all, this is yet another temporary spending measure, which Democrats and some Republicans have decried as no way to run a $4 trillion government since the military, municipalities and agencies can’t do long-range planning or contracts, and we will be right back here on Feb. 8. Fool me once….
Schumer and the Democrats really had no choice but to withhold the votes needed for cloture (the filibuster) which triggered the shutdown, and no choice in coming to this temporary arrangement to reopen government.
Let’s be reminded though: it’s not Democrats who caused the shutdown – five Republicans voted against the CR while five Democrats voted with the Republicans (by modern standards, that’s called “bipartisan”).
Indeed, Trump was rooting for a government shutdown. “The country needs a good shutdown” he said months ago, and referred to this shutdown as “a nice present” –because he believed Democrats would be blamed and weakened and (cherry on the cake) hoped it would get Senate Majority Leader Mitch McConnell to trigger the “nuclear option” and end the 60-vote threshold for cloture (the filibuster) so that Republicans could rule without any Democratic input whatsoever.
But for the entire first year of the Trump nightmare when Republicans were in full control of all the levers of government, they chose to rule as if a monarchy, shutting out Democrats entirely, and manipulating votes so that they only needed 50 instead of 60 – on several occasions, needing the Vice President’s vote to get to 51 to pass legislation opposed by large majorities of Americans. The only mechanism for Democrats to have any say whatsoever, and get CHIP and DACA reauthorized was to withhold their votes on the short-term spending bill.
For decades, now (when Democrats are in the White House), “populists” have been decrying the dysfunction in Washington, looking to demagogic characters from outside Washington (they are only “outside” until they are “inside”) to break the logjam and get things done. That’s what many Trump voters said they liked about Trump. They fell for his con: he isn’t disruptive, he’s destructively dysfunctional.
But look to the source of the dysfunction: it goes back to Newt Gingrich and the “Contract for America” ( “Contract on America” is more apt) – 1994 was the first time the Republicans used a shutdown as extortion. And it goes back to the Hastert Rule, named for the pedophile who was the longest-serving Speaker of the House, that bars the Republicans from passing any legislation that is not supported by the majority of Republicans, rather than the majority of the House or the American people, a tough thing to do with the Tea Party fringe and now the Trumpers.
It is because of the Hastert Rule that we do not have affordable health care, sensible gun violence prevention, immigration reform, campaign finance reform, environmental protection – all supported by huge majorities of Americans – and a tax code and federal budget that help uplift people rather than steer this country to unsustainable income inequality that is so dangerous for a democracy.
Add to that the end of earmarks – championed by none other than Senator John McCain who felt they were the source of corruption in Congress – and you have no bargaining chips whatsoever to forge a compromise. (Trump wants to bring back earmarks, so he can turn a $1 trillion infrastructure plan into a political slush fund.)
But Democrats – or rather the extreme left wing championed by Bernie Sanders – seem determined to shoot themselves in the foot, and instead of cheering Schumer for getting 12 Republican Senators to pledge to take up legislation to protect DACA recipients before Feb. 8, they blasted him for capitulating.
Really, what was Schumer supposed to do? Republicans were weaponizing the government shutdown, rather than being embarrassed that Trump, The Greatest Dealmaker in the History of the World, was shown to be an emperor with no clothes (he fidgeted while the capital burned) with no actual grasp of policy or long-term impacts so that he could be swayed and steered by the most virulent, anti-immigrant advisers (Steven Miller and John Kelly), and the Republicans being shown as being incapable of governing on behalf of the people instead of just their donors (the 1%).
Now it is likely that no matter how the Senate is reminded they are supposed to be an institution based on compromise and rational deliberation – and that Congress should realize it doesn’t have to wait for Trump at all, but pass reasonable legislation on its own – my prediction is that Speaker Paul Ryan in the House will kill any DACA legislation or any immigration legislation as he did in 2013, tabling Comprehensive Immigration Reform that passed the Senate by a significant majority.
Or that Steve King, Tom Cotton, Steve Miller and John Kelly will come up with something so draconian – legalizing the Gestapo-like roundup and deportations of 11 million undocumented immigrants, throwing out green card holders, shutting borders to refugees and severely curtailing legal immigration for anyone but white people with money to invest in Trump properties – that Democrats won’t be able to vote for it. Ha ha, the irony.
But my money is on the Women’s Movement – no longer a march, but ongoing activism that will result in a major voter registration drive, record number of women running for elected office (390 for House, 49 for Senate, as many as 16,000 for state and local offices), and to get out the vote in the 2018 midterms. #PowertothePolls.
On the first anniversary of Donald Trump’s inauguration and the first Women’s March that was the largest single day of protest in history, women came out in force again in New York City and more than 250 locations around the country.
They marched for womens rights, reproductive freedom, for health care; for #MeToo and #TimesUp to take a stand against sexual assault, harassment, rape and extortion. They marched for gun control and against domestic violence. They marched for families, for immigrants, for Dreamers, for the LGBTQ+ community. They marched for Mother Earth and the environment, for science and facts. They marched for voting rights, for a free press and for truth. They marched to assert basic American values- its better angels – of tolerance, diversity, and for economic, environmental, political and social justice.
200,000 was the official count in New York City – marchers were lined up from 63rd Street to 86th Street, but all along the side streets as well, where it took as much as 2 hours just to get onto the Central Park West march route.
And unlike last year’s march which brought out millions, reflecting the despair of the aftermath of the 2016 election and was supposed to send a message to Trump and the Republicans who controlled Congress and the Courts (they didn’t get it), this day of marches – some 250 around the country bringing out some 2 million – was about action: it kicked off a voter registration drive to add 1 million to the rolls, the candidacies of a record number of women running for office (16,000 women have reached out to Emily’s List for support in 2017), and a Get out the Vote drive for the 2018 midterms.
“My vote is my Super Power,” several announced in their signs. “My Button is Bigger than Yours,” echoed another.
The vulgarity, misogyny, bigotry and racism that Donald Trump brought to the Oval Office came down to the streets, with bursts of profanity in words (“shithole” was a popular one that Trump just introduced to the vernacular only a week ago) and gestures, with marchers giving the finger as they passed Trump International Hotel, the closest incarnation they would ever have. The tone was decidedly more angry, more outraged than a year ago.
“Over the past year, basic rights for women, immigrants, LGBTQ+, the religious and nonreligious, people of color and even Mother Earth have struggled to survive under the weight of the current administration. America’s First Amendment has been challenged and healthcare for millions has been threatened. We must stand together to demand and defend our rights. We will not be silent. We must remind everyone that red, white, and blue are the colors of tolerance,” stated Womens March Alliance.
And they marched with a purpose: to get people to register to vote, to run for office, and to cast their ballot.
“My vote is my Super Power,” several announced in their signs. “My Button is Bigger than Yours,” echoed others.
Hillary Clinton tweeted, “In 2017, the Women’s March was a beacon of hope and defiance. In 2018, it is a testament to the power and resilience of women everywhere. Let’s show that same power in the voting booth this year. #PowerToThePolls”
During a press call previewing Donald Trump’s “closing message to the American people” about the glories of the Republican tax plan supported by less than 25% of Americans, Trump’s leading “messagers” – the people charged with making the deal palatable – had to “research” the American Dream, as if they had never heard of the concept before:
“At the president’s direction, we did research into the concept of American Dream,” said Treasury Assistant Secretary for Public Affairs Tony Sayegh. “It is interesting what we found, where the concept came from and what it meant. And part was that in the United States, you were not destined to die in the same income class you were born into, children were not destined to have same quality of life that you had, people had the ability to rise. This was unique thing in world history. Most of the world, most of history, born in a certain class and died in that class, children were born and died in same economic class. America [brought the] idea of economic opportunity for all.”
But now, he said with dubious accuracy because this same criticism has arisen since the Reagan “Revolution”, if he in fact bothered to research, “for first time in American history, parents no longer think their children will be better off. …We will bring back the American spirit, that’s what president likes to talk about it. Consumer confidence is at all time high. That kind of optimism is at the core of the message.”
He asserted, “We’re nearing a historic moment in which we will decide the economic future of the nation. We have the power to reject [the notion] that 2% growth is the new normal and the majority of Americans for first time in history will lose faith that next generation will do better…[We want an] economy that works for all Americans, not just the wealthy and well connected….Ultimately message will be that middle class will no longer just be getting by, finally have the opportunity to get ahead, and that’s what will Make America Great Again.”
When asked about the scores of economists and experts who have challenged the theory that the tax cuts to the wealthiest and corporations will trickle down to working people, that the cumulative impact of the tax plan will hurt working class and middle class Americans, upset the very mechanisms that promote the American Dream (education, health care, home ownership), that it will result in $1.5 trillion added to the national debt which will result in cuts to Medicare, Social Security and Medicaid, and that large majority of Americans oppose the tax plan, White House message strategy director Cliff Sims went on the attack:
”I encourage you to spend a little less time reading [Senate Minority Leader] Chuck Schumer’s talking points, and more time reading the plan [which has yet to be finalized or scored]. This plan offers a lot for the middle class…. [The plan] substantially increased child tax credit, $1000 now to $1600 or $2000; nearly doubles standard deduction so a married couple can take $24,000 tax free and more if they itemize; it lowers the tax rate so more income is taxed at lower rates… Quite frankly anyone who says otherwise is purposefully disingenuous or taking a partisan line that doesn’t meet the reality.”
Sayegh added, “Analysis and studies. The Council of Economic Advisors reported a month ago clearly demonstrates what we are doing on corporate side helps workers, because workers absorb the greatest burden when corporate taxes are high… We know that through analysis, the average worker gets anywhere $4000-$9000.. after policies implemented – because there is a more productive and investment-friendly environment when corporations can compete with significantly lower rate. It is a benefit to hardworking Americans, the American worker.”
Asked where was the analysis that Treasury Secretary Steve Mnuchin said “over 100 people in Treasury are “working around the clock on running scenarios for us,,” Sims said that Treasury “in very rare instances will ever release analysis of a bill that has not already been voted on and passed because as anyone who has followed process understands, there are two bills – House, Senate –there are differences between them and a final bill will be voted on.”
Sayegh also pushed back against polling which shows the vast majority of Americans believe the tax plan substantially favors the wealthy over working people, pointing to rolling back the estate tax and eliminating the AMT (Alternative Minimum Tax), by which Trump in 2005, in the only 2 pages of his tax returns revealed to the public, shows that he would have saved $30 million in tax payments but for the AMT.
“We’ve poured through this from a lot of angles, political strategy and public opinion. It is abundantly clear that almost every poll nationally cited – CBS, Quinnipiac, Marist – is deliberately trying to shake and manipulate public opinion and not accurately reflect it. Quinnipiac uses a methodology where only 20% of respondents are Republican, 33% are Democrats, 38% are independents –a preposterous formula. Negative of 12% between Democrats and Republicans is not close to reality – so does not reflect public opinion.”
Sims added “The more people learn about specifics, the more they love it. 61% to 21% supported it after learning we are doubling the standard deduction from $12 to $24K, 54% support only 14% oppose the child tax credit, 54% support only 18% oppose after being informed of basic provisions. Does anyone on the planet not believe Americans don’t want lower taxes, a fairer corporate tax rate that will create more jobs and higher wages? When polls get into specifics…support goes through the roof. When you have polls that try to manipulate, push questions, you get numbers you can put in Chiron or story to manipulate public opinion, but not reflect what Americans feel.”
Except that polling only specific, popular provisions (who doesn’t want higher standard deduction), does not put the whole picture into view: the higher premiums likely to come when the individual mandate for the Affordable Care Act is eliminated; the personhood provision; drilling in the Arctic National Refuge; taxing graduate school fellowships as income; eliminating the deductibility of state and local taxes and significantly limiting the mortgage interest deduction, and adding more than $1 trillion to the national debt, which will trigger cuts to Medicare, Medicaid and Social Security, curtail investment and infrastructure spending.
And no one has asked where the $300 billion to pay for disaster relief just from the 2017 climate catastrophes will come from, or why the Republicans have refused to reauthorize CHIP, which provides access to health care for 9 million children and pregnant mothers.
“Then we will have done tax cuts, the biggest in history; healthcare, phenomenal healthcare. I know you don’t want this — welfare reform. Does anybody want welfare reform?(Applause.)And infrastructure. But welfare reform — I see it and I’ve talked to people. I know people, they work three jobs and they live next to somebody who doesn’t work at all. And the person who’s not working at all and has no intention of working at all is making more money and doing better than the person that’s working his and her ass off. And it’s not going to happen. Not going to happen. (Applause.) So we’re going to go into welfare reform…”
This is supposedly the season of “giving,” of “good will to all mankind.” Not with Donald Trump in the White House.
Trump is so giddy to take credit for displacing “Happy Holidays” with “Merry Christmas.” That’s all he cares about. But just as Trump, who makes money off of hotels but has no concept of “hospitality” and is more like the craven Snidely Whiplash than Barron Hilton, he has no clue and no care what “Christmas” means.
Indeed, this Christmas, 9 million children and pregnant women are losing access to health care and the ability to live a good life or realize their full potential. 13 million Americans don’t know if they will be able to afford or access health care. 800,000 Dreamers don’t know whether they will be thrown out of jobs, housing, and the nation, exiled to a country that is completely foreign to them. Seniors and retirees don’t know if they will be able to continue to afford living in their homes and whether their Medicare and Social Security benefits will be cut.
The Tax Scam rammed through by Republicans is just the beginning: they are giddy about how adding $1.5 trillion to the national debt, the same amount (coincidentally) that it redistributes from working people to the already obscenely rich and richest corporations sitting on $2 trillion in cash they refuse to use to raise wages will “justify” slashing the social safety net, cutting Medicare, Social Security, Medicaid – you know the so-called “entitlements” that working people have paid into their entire working lives.
Trump made it clear, in his ignorant, short-hand way, what will come next, in his speech in St. Louis:
“Then we will have done tax cuts, the biggest in history…I know people, they work three jobs and they live next to somebody who doesn’t work at all. And the person who’s not working at all and has no intention of working at all is making more money and doing better than the person that’s working his and her ass off. And it’s not going to happen. Not going to happen. (Applause.) So we’re going to go into welfare reform.”
You only have to look at what is happening in every quarter of civic life which is shifting the balance to the wealthiest while cutting off upward mobility for anyone else. The Trump FCC’s plan to overturn net neutrality is exactly that: it cements the control that the internet oligopoly wields not only to keep out upstart competitors but control what information or culture gets wide viewing. What Pai wants is for money to rule both content and access (that’s what “free market” means). Don’t have money to keep an internet subscription so you can access news, information or jobs? Tough luck. But the FCC intends to couple this with more government surveillance of what goes up over the Internet – quite literally the worst of both worlds.
It is apparent also in how Trump is pawning off national monuments to commercial exploitation – Bears Ears, Grand Staircase-Escalante, the Arctic Refuge and the Atlantic Marine Sanctuary – basically stealing what is our collective heritage and birthright to give to commercial interests. Interior Secretary Ryan Zinke, who has no compunction to waste taxpayer money for his own use, is even raising admission fees to the national parks, further putting what is owned by all Americans off limits for those who can’t pay the freight.
Money is the new “entitlement.” It determines who can afford to weigh the scales of justice in their favor, and, thanks to Citizens United, who runs for election and wins, and therefore what policy gets written and enacted, and even who has access to the voting booth. Billionaire venture capitalist Tom Perkins actually said that out loud: “But what I really think is, it should be like a corporation. You pay a million dollars in taxes, you get a million votes. How’s that?” Indeed.
This mentality is actually seeping down even into the disasters that have become all too common and catastrophic because of climate change: Freakonomics did a segment that a free market rather than anti-gouging laws should come into play after a disaster. A shopkeeper should be able to sell a bottle of water for $1000 to the father with a child dying of thirst if he wants to, because at $2 a bottle, someone will hoard. (The absurdity is that purchases are rationed for the rich and the poor.)
Another segment suggested that people should be able to pay their way (a premium) to jump a line – that’s okay for a themepark, but they are suggesting the same for access to life-saving organ donation.
Trump is the first president to dare do what the Republicans have been salivating over since the New Deal but dared not do. It’s not that the Republicans haven’t had their sights set on reversing every progressive policy since the 1860s. (Alabama Senate candidate, the defrocked judge Roy Moore, said that every Amendment after the 10th, the state’s rights one, should be abolished, including the 13th amendment ending slavery, 14th amendment giving due process, the 19th amendment giving women the right to vote. Meanwhile, the Republicans are about to cancel the 10th amendment’s State’s Rights provision in order to require New York State to accept Conceal Carry Reciprocity and overturn its own gun safety laws.)
You actually have Senator Chuck Grassley defending abolishing the estate tax which affects only a tiny fraction of the wealthiest families and was intended since the founding to prevent an institutionalized aristocracy, argue that the previous tax code favors poor and working-class Americans who were “just spending every darn penny they have, whether it’s on booze or women or movies.”
Utah’s Orrin Hatch, justifying shifting $1.5 trillion in tax breaks to the wealthy and corporations and slashing the social safety net, declared, “I have a rough time wanting to spend billions and billions and trillions of dollars to help people who won’t help themselves, won’t lift a finger, and expect the federal government to do everything.”
Merry Christmas? Bah humbug.
“And so how do we as Christians respond, who serve a God whose prophets call for welcoming immigrants (Deuteronomy, Leviticus), caring for the orphans and widows (Jeremiah, Ezekiel), establishing fair housing (Isaiah), seeking justice (Micah 6), and providing health care (Isaiah),” a twitter conversation between MSNBC’s Joy Reid and Susan Gilbert Zencka wrote.
“What you’re witnessing tonight in the United States Senate is the weaponization of pure, unmitigated greed,” Joy Reid wrote after the Senate’s adoption of its tax plan. “Lobbyists are writing the bill in pen at the last minute. And Republicans are no longer even pretending to care about anyone but the super rich,“ wrote Joy Reid.
The America that Trump and the Republicans envision is not one of an American Dream where anyone who has the ability and works hard enough can rise up, but one in which communities must beg billionaires for funding for a public school, a library, a hospital, and be very grateful for their charity.
Tell me how this is not a modern, nonfiction version of Dickens’ “Oliver Twist.”
“Equal Justice Under Law,” is what is inscribed above the entrance to the Supreme Court.
No One is Above the Law. Justice Without Fear or Favor.
Alas, these clichés can be thrown onto the ash heap of myths that are really only fantasy, along with American Dream, American Exceptionalism and the biggest lie of all: one person, one vote.
What we see all around is the ability for the wealthy, the powerful and the connected to evade justice. One way is by simply affording a battery of top lawyers which poor people, dependent upon funds-strapped public defenders, cannot, so are pressured to accept plea deals even if they are innocent and then branded for the rest of their lives, while wealthy people can have their arrest record expunged, or excuse their crime as the result of “Affluenza,” as Texas teenager Ethan Couch, did despite driving drunk without a license and killing four and injuring nine people. On the other hand, when 16-year old Cyntoia Brown, killed the pimp who kept her as a sex slave and had been beating her, she was tried as an adult and sentenced to life without parole.
If Paul Manafort, accused of 11 counts including money laundering millions of dollars, were a poor black teenager, he would be in jail for weeks, even months, instead of comfortably ensconced in one of his multi-million dollar homes (and that’s only because of the strong argument that he has the money, means and foreign ties to make him a flight risk – otherwise he would be out and about).
How different from Kalief Browder, a Bronx teenager held at Rikers Island for three years without ever being convicted including 400 days in solitary confinement, was so damaged the 22-year old committed suicide when he was finally released. Or the thousands of people held in jail because they can’t afford bail, losing their job, home, family.
Ivanka Trump and Don Jr. get waved aside for defrauding buyers in their Soho coop after their lawyer makes a hefty contribution to DA Cy Vance’s election campaign, but Eric Garner gets put in a choke hold, thrown to the ground, and suffocated to death for selling loose cigarettes on a Staten Island street. That’s called a “quality of life” crime and it apparently is a capital offense. So is an innocuous traffic violation: Sandra Bland, a 28-year-old black woman, was arrested during a traffic stop and found hanging in a jail cell in Waller County, Texas, three days later.
Imagine a defendant claiming “I didn’t remember, but after reading the newspaper accounts, it jogged my memory,” as an excuse for lying to federal officials and Congress. And this is the Attorney General, who has taken such a strong stand for Law & Order, along with his boss, Donald Trump, who has no problem at all breaking laws, dismissing laws, ignoring or overturning Constitutional protections. Actually Jeff Sessions, as a prosecutor and Senator, didn’t harbor any sympathy for anyone who “can’t recall” – prosecuting a rookie police officer whose memory failed, and, of course, Hillary Clinton, but he’s used that phrase dozens and dozens of times in his own hearings, and even outright lies (I never met with any Russians during the course of the campaign; didn’t know of anyone in the campaign who did) – perjury, lying to Congress – will likely go without consequences.
Instead, the nation’s highest law enforcement officer has stopped prosecuting hate crimes, police brutality, systemic discrimination in sentencing and prosecution, and voter suppression, and authorizes Gestapo-like tactics to round up undocumented immigrants without due process and the relaunch the “war on drugs” as a pretext for heavy-handed policing. Meanwhile, Trump’s Education Secretary Betsy Devoes is no longer taking steps against sexual assault on college campuses.
Nowadays, the wealth in the justice system is also related to threatening lawsuits to anyone who dares bring a complaint, such as sexual assault (Trump, Roy Moore), or literally buying up the Fourth Estate so that the press is no longer free and no longer the watchdog against abuses of power (Sheldon Adelson, Rupert Murdoch, TD Ameritrade founder Joe Ricketts buys chain of local papers to shut them down). Latest: Koch Brothers’ investment arm providing $650 million toward $2.8 billion acquisition of Time Inc. Won’t have effect on editorial? Well, the big donors to PBS used its weight to prevent the documentary, “Citizen Koch” from being televised.
The Rule of Law is now routinely trampled by Trump: attacking a judge’s impartiality because of his Hispanic heritage; challenging the ruling of the 9th Circuit against his unconstitutional Travel Ban, pardoning Sheriff Arpaio (sending a message to other conspirators) and supporting Roy Moore for the US Senate, who not only has had credible accusations of committing felony pedophilia and sexual assault, but twice was removed for defying Supreme Court rulings, otherwise known as the “Rule of Law.”
Here are just some of the many ways the justice system and Rule of Law is being overturned:
Obstruction of justice: Trump has not only dismissed the federal prosecutors like Preet Bharara who were investigating Trump’s dubious financial dealings including money laundering for Russian oligarchs, but is now personally interviewing candidates in the regions where Trump has business investments. This follows his dismissal of James Comey as FBI director for failing to give his oath of loyalty and ending the investigation into Michael Flynn and Russian meddling into the 2016 election.
Politicizing justice: The pressure from Trump to get Sessions’ DoJ to launch a special counsel investigation into Hillary Clinton and the Uranium One deal and (yet again) her emails (ironic considering Jared Kushner, Ivanka Trump, Steve Bannon were all found to use private emails once they got into the White House), is a Banana-Republic move against a political opponent.
As Sally Yates (who exposed Michael Flynn and was fired as Acting Attorney General by Trump for refusing to enforce his unconstitutional Travel Ban), the Justice Department isn’t there to “go after his enemies and protect his friends”
For the first time since Nixon era, the Department of Justice has sought to block a merger of a telecom company (then it was ITT, today it is ATT), for personal reasons. AT&T is seeking to acquire Time Warner – which on face of it, especially for a consolidation-happy, bigness is bestest administration that has no problem with monopolies and oligopolies, even to the point of overturning regulations to allow Sinclair to massively control local TV stations. But Trump has made clear he hates CNN, and has made it a condition of allowing the sale for Time Warner to divest of CNN. The DoJ is doing Trump’s bidding.
Stacking courts with political hacks: Trump has a flurry of judicial nominees who are political and ideological hacks, enabled by the way Republican Senate Majority Leader Mitch McConnell has abused his power in the first instance to withhold the confirmation process for Obama’s Supreme Court nominee and now, by overturning the long-standing tradition of a Senator using a “blue slip” to blackball a judicial nominee – something that Republicans used incessantly to block Obama’s ability to make appointments, leaving a staggering number of vacancies. Yet four of Trump’s nominees – an unprecedented number – have been designated as “Unqualified” by the American Bar Association. Among them Brett Talley, with just three years practicing law, has never tried a case, and who was rated unanimously “not qualified” for a federal judgeship by the American Bar Association — their lowest rating; who withheld from his Senate questionnaire that his wife is the chief of staff for the White House counsel, who has pledged support for the NRA, mocked gun control, retweeted Alex Jones’ conspiracy theory that Sandy Hook was a hoax, and called for Hillary “Rotten” Clinton to be locked up.
Controlling the press/de-fanging the Fourth Estate: the role of a free press is to serve as a watchdog on those in power, especially the government. Trump has waged an actual de-legitimizing campaign, calling every story and every media organization which raises questions about his governance and his administration as “fake news”, actually threatening to take away a broadcast license, and now, sending his DoJ to challenge a merger between AT&T and Time Warner not because it is monopolistic, but to force Time Warner to shed CNN. And yet, the Trump Administration’s FCC, under Ajit Pai, a former Verizon executive, has no problem with the merger of ultra-conservative Sinclair Broadcast Group with Tribune Media which would violate existing regulations intended to block a monopoly of political viewpoints in a media market; the merger would mean that “Trump TV” would reach 72% of American homes. This follows Pai’s determination to overturn net neutrality, which is designed to give a level playing field across the now ubiquitous and essential cyberspace,
Just this week, James O’Keefe, whose scams have brought down Acorn and Planned Parenthood, through his Project Veritas, tried to scam the Washington Post in order to bolster Roy Moore. O’Keefe should be prosecuted for industrial sabotage and fraud. They are intent on damaging the Washington Post’s reputation, which costs them money, and force the real press to spend more time and money in their investigative reporting which obstructs publication. What they did is no different than poisoning a Tylenol bottle. But a politicized DoJ, under Sessions, won’t prosecute.
On the other hand, a West Virginia reporter was arrested simply for shouting out a question about health care at (then) HHS Secretary Tom Price and a Code Pink activist was arrested, prosecuted and tried for giggling during Jeff Sessions’ confirmation hearing.
Unequal Justice: Take for example how George Zimmerman, Trayvon Martin’s murderer, was acquitted based on Stand Your Ground laws, but Marissa Alexander, who fired a warning shot to scare off her enraged estranged and violent husband who was about to beat or kill her, was found guilty after just 12 minutes of jury deliberation and sentenced to 20 years in prison.
Personhood laws that states are trying to install set up more imprisonments of mothers who lose their children to miscarriage, who are shown to drink or do drugs during pregnancy, or who seek to abort a pregnancy. (A hidden provision of the Republican tax plan would create personhood for a fetus, and pave the way for abortion to be illegal and mothers prosecuted for miscarrying or bad behavior during pregnancy, stripping the woman of civil and human rights.)
The way that women who have been victims of sexual assault, become victimized by the predators with the assistance of the judicial system is the reason that so few have come forward before to charge Trump, Roy Moore and others.
Discrimination in sentencing: African-American men serve prison sentences that average almost 20 percent longer than those served by white men for similar crimes, according to a study by the U.S. Sentencing Commission. There has a consequence for voting rights as well, with as many as 6 million blacks (one in 13) disenfranchised because of a prison record.
School to prison pipeline: 67,000 preschool kids, 3 and 4 years old, are being suspended or expelled a year for ‘infractions’ that might be considered normal development, but African American kids are twice as likely to be punished in this way, setting the stage for failure in school and ultimately a path to prison.
Privatizing Prisons: Meanwhile, AG Sessions has abandoned efforts to reform sentencing guidelines which profit private prison companies and have made the US the most incarcerated country on earth. His renewed War on Drugs policy – overturning Obama’s effort to empty prisons of unfairly sentenced individuals – assures they will be full, and profitable.
Raise your hand if you believe Jared Kushner will ever go to jail for lying to Congress and federal agent, conspiracy, treason, dealing with sanctioned Russian banks and oligarchs, and obstruction of justice? Can you imagine what would happen if instead of Don Jr., it was Chelsea Clinton who met with the Russians? But as long as you can imagine a different result depending upon who is president, judge, prosecutor or defendant, or which party is in control of Congress, there is no “Rule of Law” or equal justice.
The Republican tax plan (scam) – whether the House or the Senate version or whatever will come out of conference – would be devastating to New Yorkers in particular, but the nation as a whole. More than 50 percent of American households will wind up paying more in taxes, with the various cuts in deductions for all the things that enable upward mobility – home mortgage, local property taxes, education loans, medical costs.
Instead of simplifying the tax code and eliminating loopholes, the Republicans have only cut taxes for the wealthiest and corporations without eliminating the loopholes that enable profitable multi-nationals like Apple shelter profits from US tax. There is no incentive for corporations or wealthy individuals to invest in the US, or to create jobs, or even to raise wages. Instead, the Republicans would cause the biggest transfer of wealth from the poorest and middle class to the wealthiest, at the same time, creating a new American aristocracy of wealth and political power. It would intensify the already growing gap between rich and poor – the greatest gap since the Gilded Age and the Robber Barons – hollow out the middle class. Meanwhile, the poor and middle class would be living with heightened insecurity because of loss of access to affordable health care.
The nonpartisan Congressional Budget Office released its report which clearly shows that the federal government would be raising taxes on those making less and generously benefiting those making more. For instance, Americans making less than $30,000 in 2019 will pay $2,580,000,000 more in taxes – while those making over $200,000 will pay $118,550,000,000 less in taxes in 2019.
“The Republican tax plan [which eliminates the deductions for state and local taxes] would be devastating for Long Island,” Congressman Tom Suozzi, Democrat of Long Island told a Town Hall attended by 150 people in Great Neck. “The current tax bill passed by the House and proposed by the Senate would be bad for the country but especially bad for New York State and Long Island. Devastating…. It will cause people to move out – make people move away – not just the billionaires and millionaires making oodles of money, but people who are just making it.”
Housing values will likely fall because the tax deduction of the mortgages – $1.5 million is average home cost for New York City – will be eliminated. Houses will be even less affordable.
The Republican tax plan is “structured in a way to take money out of the middle class to pay for tax cuts for the very wealthy and corporations. They had to find revenue to pay for tax cuts – they couldn’t go over $1.5 trillion deficit over 10 years in order to pass the bill with only 51 votes in the Senate.” They came up with the biggest reduction in deductions – eliminating the deductions for SALT (state and local taxes), which if they put back in, can’t give the tax cuts to corporations.” It is even questionable if it is constitutional, since it would essentially double-tax that income – first at the state and local level and then again at the federal level.
“It’s a conscious decision that affects states like New York, New Jersey, California, and a few others” – states with high state and local taxes which also are “donor states” sending far more to the federal government than comes back in federal aid., which also happen to be “blue” states. It’s also part of the strategy to “shrink the federal government” and attack the social safety net put into place since FDR’s New Deal that came out of the Great Depression and continued by LBJ’s Great Society: Medicare, Social Security and Medicaid because budget deficits will trigger mandatory reductions in spending – $25 billion worth in 2018 alone.
“This is the issue we have to shut down the government on,” said a town hall participant, Howard Weitzman who was a village mayor and member of the Nassau County Board of Assessors. “They cannot destroy the economic engine of this country – all this tax money going to government. They are willing to destroy this area to give tax cuts to people who don’t need them. [Budget Director Mike Mulvaney charged, “Why do people in Alabama have to support New York” but the opposite is true: he knows very well that New York sends $48 billion more to the federal government, which go to states like Alabama. “Shut down the government.”
Democrats would be right to shut down the government. And the Donor States like New York, California, New Jersey (not coincidentally which are Democratic), should withhold the excess revenue to the federal government, much like a tenant-landlord dispute, putting the money into escrow for use to accomplish the infrastructure projects and transition to clean-energy economy that would have been federally funded. (See: Republican Tax Plan is Attack on Blue States; Fight Back by Holding Money ‘in Escrow’)
Trump and the Republicans intend to bankrupt the nation, to justify $25 billion in cuts to Medicare, Social Security and Medicaid next year, and billions more thereafter. Their tax policy would saddle the nation with $1.5 trillion more in debt while doing nothing to pay down the $20 trillion in debt we already incur – that interest payment alone, unless Trump defaults as he has on his own debt, will amount to 5% of the annual budget, more than $200 billion worth each year.
The Republican tax plan would raise taxes on the 59 million households that make $50,000 or less; and by 2027 the 86 million households who make less than $75,000. Trump appealed to the suffering masses whose salaries haven’t kept up in the 40 years since the Reagan “revolution” – but as Suozzi said, “the world is dramatically changed because of globalization and technology. We need to figure out how to get more companies to locate in US and create jobs where people make a decent living –enough to buy a house, educate their children, have health insurance and retire without being scared.” But the Republican plan will “starve the beast” and break the “engine” of economic growth by cutting off revenue that would pay for education, infrastructure and health care, while increasing the national debt which will raise interest rates. It is a cycle of destruction.
NYS Governor Andrew Cuomo Reacts
Here’s New York State Governor Andrew Cuomo’s response to Senate Budget Committee’s 12-11 vote strictly along partisan lines:
“The President and Republican members of Congress appear determined to pass a tax plan before the end of the year because after an otherwise entirely fruitless legislative year, they are in desperate need of an accomplishment. They must believe in the old adage that “doing something is better than doing nothing.” In this case, that could not be less applicable.
“The GOP tax plan is not just a marketing fraud. It is a schizophrenic hybrid of extreme conservative political ideology and crass electoral politics. The House and Senate have different plans, but both have the same DNA. Both plans pretend to offer tax relief to the middle class, but in reality the policy they advance is just old, discredited trickle-down economics on steroids: disproportionate and large cuts for the rich and the big corporations that are then supposed to result in economic growth that is magically passed on to the workers as wage increases. This is a purely ideological concept that lacks data to support either the idea that the economy will be stimulated or that higher wages will result.
“Both the Senate and House plans are financed in large part by the particularly obnoxious, and possibly illegal, elimination of deductions of state and local taxes (referred to as the SALT deduction). The GOP plan eliminates the deductibility of state and local taxes which is a direct attack on the states with higher state and local taxes. New York and California top the list of the twelve states that will most directly face hardship if SALT deductions are removed. Curiously, all twelve are “blue” states and if this change to accepted tax law passes, these states will be at a competitive disadvantage to other states with lower local taxes.
“The deductibility of state and local taxes has been a sacrosanct principle of tax law for the past one hundred years. It is the underpinning of the economic system for state and local governments. Republican ideology that has always espoused “state’s rights” now tramples on that theory with the elimination of this provision. And anti-tax conservatives are now proposing the first ever double taxation – to tax the taxes an individual pays locally. There is a serious legal question as to whether this double tax is constitutional.
“The elimination of the SALT deduction is the ultimate redistribution of wealth making conservatives who vehemently oppose this philosophical concept all the more hypocritical and disingenuous as they now support it. Eliminating the SALT deduction will redistribute wealth from richer states to poorer states. New York and California will effectively serve as piggy banks to finance tax cuts for other states. Our loss is their gain.
“In New York, six of nine Republican Congress members opposed this plan. The three who stood in support, voted in opposition to the interests of their constituents out of sheer party loyalty. Their justification for supporting this plan is flawed factually and ideologically. If New York raises taxes on the rich and corporations, people and business will leave the state for lower tax states and the remaining tax burden will fall to those left behind. The deduction of state and local taxes is not a federal subsidy for New York.
“New York State is the number one donor state in the nation, sending $48 billion dollars more to Washington than we get back. Eliminating SALT will compound the Federal taking adding approximately $18 billion to the $48 billion now taken. If the Republican Congress returns the $48 billion that New York sends to Washington, then I would be open to discussing eliminating the SALT deduction.
“And to make matters worse, the Senate GOP version proposes to repeal the Affordable Care Act, another legislative promise that the GOP controlled Congress has failed to achieve. It is just healthcare policy masquerading as tax reform. The reality is that lower income Americans won’t have access to health insurance and the individual tax cuts that are set to expire in 2027 will result in half of American households paying higher taxes than they would have if the Senate bill had never passed.
“The Republican Congress is correct that the American people expect action from their government. But in their attempt to save legislative face, they should heed the old adage: “do no harm.” It’s true in medicine and politics. This tax reform plan hurts the country’s poor, working and middle-class families and will have a devastatingly negative economic impact on the twelve states targeted by Washington.
“To be this reckless and dismissive of the economic interests of so many Americans, the Republican’s political assumption must be that they have lost the “blue” states anyway. That is no way to govern or – dare I say – to prepare for mid-term elections.”
The Village Halloween Parade is not nearly as political and outrageous as it used to be – the goal is to be an expression of creativity and if anything, good will and spirituality. But still, there were a few standouts. Notably, a whole group of Gays Against Guns, and a group calling itself “Rise & Resist” wearing costumes and carrying signs with the message, “The Emperor Has No Clothes!” Indeed, the entire parade wound up being a form of resistance against the terror attack that occurred just hours before and less than a mile away – as one parade regular put it, “a giant F-U to the terrorists.”
Just a few hours and less than a mile away from where a 29-year old used a rented pickup truck to mow down cyclists and pedestrians on the West Side Highway bikepath, killing eight and injuring 12, thousands were gathering in costumes for the 44th annual Village Halloween Parade. With high confidence that the terror attack was by a lone wolf and not coordinated, the decision was made for the parade to go on, albeit with enhanced security. Even with the counter-terrorism officers draped in military-style assault weapons, vests and helmets, and with the heightened sense of security, the police were accommodating and the mood of marchers and viewers alike more playful than seditious.
Governor Andrew Cuomo, New York City Mayor Bill DiBlasio and NY Police Commissioner James P. O’Neill marched with the parade – which brings out one million people who line the mile-long route along Sixth Avenue and tens of thousands of marchers, giving a shout out for New Yorkers to defy terrorism by going on with their lives.
While the terrorist committed mayhem, Governor Cuomo said, “He did not stop New Yorkers from being New Yorkers.”
Speaking to Anderson Cooper on CNN, Cuomo said, “This was an attack that was designed to create terror, and it — it killed and frightened people. It was despicable. But, New Yorkers are resilient, New Yorkers go on. We learned the hard way on 9/11 that we are a target, we are the international symbol of democracy and freedom and we understand that. And since 9/11 we’ve lived with this and we’ve put together the best security force on the globe in my opinion, and we worked together and the response was great. But this afternoon was terrible.
“Tonight we’re at a Halloween parade to say you didn’t win and you didn’t affect us and we’re out and celebrating and we’re doing what New Yorkers do and we’re living our lives because we’re not going to allow the terrorists to win, period. And that’s why I’m here marching in the parade, not because I have a great costume.”
“They are trying to divide. The point is to unite, to show normalcy. To politicize this event [as Trump did immediately] is wholly unproductive,” Governor Cuomo said later in a press conference.
Trump, predictably and unlike the reaction to the Las Vegas massacre which killed 58 and injured hundreds, ridiculously blamed Senator Schumer, and called for a travel ban and even more extreme vetting, in contrast to the call “this is not the time to politicize a tragedy” in response to the most lethal massacre in modern history. (Interestingly, he did not bother to call Governor Cuomo or Mayor DiBlasio as every president would have done after such a heinous event, spending his time tweeting out attacks on Democrat Sen Schumer for a diversity visa program adopted 20 years ago and signed by George HW Bush when Schumer was in the House; Schumer and the “Gang of 8” in their grand attempt to devise comprehensive immigration reform, proposed changes but Republicans blocked consideration of the immigration bill.)
Down Sixth Avenue, you could see the Freedom Tower that rose from the shattered Twin Towers, lighted red, white and blue.
“One World Trade Center was 9/11,” Cuomo told Anderson Cooper. “It was the darkest day that we went through in New York, but what we did is we got right back up and didn’t let them win. and we built back bigger, better and stronger than ever before, that’s who we are. If you think you’re going to beat us, you’re wrong. If you think these terrorist attacks are going to put a dent in the New York spirit, you’re wrong. And New York, America is about freedom and it is about democracy and will always be. And whatever attack you think you can bring is going to fail because our spirit is stronger than theirs.”
Indeed, none of Trump’s bigoted, racist anti-Muslim, anti-immigrant policies would have prevented this tragedy: not The Wall (this guy came into the US in 2010 through JFK), the travel ban against predominantly Muslim countries (Uzbekistan, though accounting for a large proportion of ISIS fighters, is not one of the countries excluded); or ending sanctuary cities (he was not undocumented or “illegal” but had a green card). While the pro-gun lobby is fast to blame any massacre on mental health rather than political or terror motive (like Dylann Roof or the guy who shot up a Planned Parenthood office), a “suicide by cop” or other derangement is never taken into account if the perpetrator is a Muslim or non-native.
But what is Trump’s solution to terror? He is threatening to cut off funds to New York City for anti-terrorism and policing, the #1 terror target in the US, because of New York City’s stance on making undocumented immigrants feel secure if the New York City does not abandon its sanctuary city policy. Indeed, this guy, who had nothing more than a traffic ticket during his time in the US, was radicalized in this country, and very likely Trump’s policies had something to do with why he was receptive to ISIS propaganda. Obama had a much more effective program to stem and stop this sort of homegrown, self-radicalized, lone-wolf terrorism – working in immigrant communities, forging relationships, making people feel secure and a part of American society with a stake in it, so they report suspicious behavior and do not fall under the spell of radicalism.
But in the end, it is impossible to completely stop such acts of terror. It is mind-blowing the speed with which authorities are looking to harden communities against such attacks — making bikelanes more secure – and yet, completely ignore the pervasive terror of gun violence that takes 33,000 lives and maims thousands more each year.
Those positions were on view during the Village Halloween Parade, which is an opportunity for people to express themselves in creative, even humorous, ways.
Governor Andrew M. Cuomo today issued a letter to President Donald J. Trump condemning the federal tax plan to eliminate or roll back state and local tax deductibility and calling on the President not to use New York as a piggybank for other states.
Here is text of the letter:
Dear President Trump,
I write to you on an issue that impacts every single American: pending federal tax legislation. I am not writing as a Democratic Governor to a Republican President, but rather as one New Yorker who cares about New York and the country to another. I often say to the New York State legislature, “we are Democrats and we are Republicans, but we are New Yorkers first.”
As you well know, the House is expected to release additional details of a “tax cut” plan this week that in reality amounts to a “tax increase” plan for states like New York. The current proposal primarily uses New York and California as the piggybank to make it possible to cut taxes for other states. By eliminating or rolling back state and local tax deductibility, Washington is sending a death blow to New York’s middle class families and our economy.
I understand the politics at play here. California and New York are “blue states.” I also understand that the political map dictates that most Republican members of Congress come from outside the Northeast and West Coast and their primary motivation is to help their states at any cost, even when it comes at the cost of middle class New Yorkers. But when the economies of New York and California suffer, and they will, the nation follows.
It’s clear this is a hostile political act aimed at the economic heart of New York with no basis on the merits. First, it is an illegal and unconstitutional double taxation that forces our middle class families to subsidize a tax cut for the rest of the nation, and it is contrary to every principle the Republican Party has always espoused. Second, it reverses all the bipartisan progress New York State has made in lowering taxes over these past few years. While we have lowered state income taxes, capped property taxes and are forcing local governments to consider shared services, this federal act would erase all those gains and in fact increase taxes. Eliminating state and local deductibility will result in a tax increase of $5,660 on average for one in three taxpayers in New York, or 3.3 million New Yorkers.
This backward tax plan has encountered much deserved resistance, including from Republicans in the Senate. Senate Finance Chairman Orrin Hatch said “I don’t think that’s going to go anywhere,” adding that state and local tax deductibility is “a system that’s worked very well.” In the face of this pushback, Republican leadership is now trying to salvage their tax plan with a so-called “compromise.” Their scheme is to allow a property tax deduction, but do away with the deduction for state income taxes. For middle class New York families, the average tax increase attributable to losing that deduction would be $1,715. And considering the original federal proposal would cost New York State taxpayers $18.6 billion, this “compromise” does little to help our state since it would still cost New York State taxpayers nearly $15 billion.
Another “compromise” that is being suggested, where only higher income individuals would lose the state and local deductibility, is a 3-card Monte game that could be played on 42nd Street in Manhattan. New Yorkers are not stupid. We know that if deductibility is eliminated on higher incomes it will have a ripple effect, forcing these New Yorkers to move out of the state, taking their tax revenue with them, thus increasing taxes on everyone else. New York will not be in a position to cut state taxes because both the original proposal, as well as the proposed compromise, will force the highest taxpayers from the state and deplete our revenue stream. As you know, five percent of New York State taxpayers account for nearly two thirds of our annual income tax revenue.
I understand why Paul Ryan would seek to hurt New York, but to ask New York Republican members of Congress to vote to raise taxes on their constituents is a betrayal against their state and their constituents. In fact, seven of nine Republicans from New York are against it. The two representatives who support it—Congressmen Collins and Reed—are the Benedict Arnolds of their time because they are putting their own political benefit above the best interests of their constituents.
Speaker Ryan’s only justification is that other states subsidize New York. He is just wrong. They don’t. The opposite is true. New York subsidizes every other state in the nation. We are the highest donor state which means we send $48 billion more in tax dollars to the federal government than we receive back in federal spending.
To be fair, this is not a new idea to pillage New York and California and send their wealth to other states. Congress tried it under President Reagan, but the gross injustice of it caused all but the most partisan and callous officials to drop support. Today’s proposals are no different. Our Congressional representatives should be saying it’s time New Yorkers get their money back. Instead, the current proposal would be taking even more revenue from the number one donor state. How unfair.
There is no middle ground here. Any of the proposed “compromises” will still destroy New York’s economy and harm the middle class. There can be no elimination, no “compromise,” and no cap on state and local tax deductibility.
New York needs your help. You can stop this. And you should not just as an American, but as a New Yorker.
People around the world are holding their collective breath as to what Donald Trump will do when he comes to the United Nations for the 72nd General Assembly. Will he be like a bull in a china shop, or will he stick to the speech written for him on the teleprompter? At a press briefing at the White House September 15, the National Security Advisor General H.R. McMaster and Ambassador to the United Nations Nikki Haley outlined what is supposed to happen, and the policies and positions Trump will proclaim. Here is a highlighted transcript – Karen Rubin, News & Photo Features
GENERAL MCMASTER: Good afternoon, everyone. I also want to begin by acknowledging the horrific attacks in Europe [London, England where an improvised explosive was set off in the underground during rush hour and in Burgundy, France where a counterterrorism soldier was attacked]. The United States, of course, stands in solidarity with the people of the United Kingdom and France. We will continue to work tirelessly with our partners to prevent attacks. And, of course, the United States remains committed to defeating terrorist organizations, as well as their evil ideology.
The President has been unambiguous here, energizing our defeat-ISIS campaign, and calling on Muslim-majority nations to combat extremism and to end financing of terrorist organizations. We will defend our people and our values against these cowardly attacks, and we will always stand with countries around the world to do the same.
Now, I want to turn to President Trump’s trip next week to attend the 72nd United Nations General Assembly. The President’s consistent message across all of his engagements throughout the week will emphasize three goals common to all nations who will be gathered there: First, to promote peace. Second, to promote prosperity. And third, to uphold sovereignty and accountability.
A peaceful world depends on the contributions of all nations. We must share responsibility for international security, while each country protects the security of its own people.
Prosperity is also a shared responsibility. The President looks forward to furthering economic cooperation, investment opportunities, and new business ties with other governments and businesses across the world. As always, this administration’s ironclad commitment to free, fair, and reciprocal trade and access to markets will be the bedrock of our economic talks.
Sovereignty and accountability are the essential foundations of peace and prosperity. America respects the sovereignty of other countries, expects other nations to do the same, and urges all governments to be accountable to their citizens. That accountability is broken down in places such as Venezuela and Syria. And we also see, today, revisionist powers who are threatening the sovereignty in the greater Middle East, Eastern and Southern Europe, and in East Asia.
Now, let me quickly run through the President’s schedule. On Monday, the President will join senior U.N. leadership and the leaders of more than 120 other nations to discuss reforming the institution. The President will express support for Secretary General Guterres’s reform efforts. The United Nations, of course, holds tremendous potential to realize its founding ideals, but only if it’s run more efficiently and effectively.
That day, the President will also meet with the leaders of France and Israel, two of America’s closest allies. While their conversations will be wide-ranging, we expect that Iran’s destabilizing behavior, including its violation of the sovereignty of nations across the Middle East, to be a major focus.
Monday evening, the President will host a working dinner with Latin American leaders. He’s looking forward to discussing the crisis in Venezuela, as well as our increasingly strong economic ties, shared goals for elevating the prosperity of our peoples, and the extraordinary success of likeminded Latin American nations in recent decades.
The President’s Tuesday morning speech to the General Assembly will emphasize the need for states to promote peace and prosperity, while upholding sovereignty and accountability as indispensable foundations of international order.He will urge all states to come together to address grave dangers that threaten us all. If nations meet these challenges, immense opportunity lies before us.
Later that day, the President will have lunch with U.N. Secretary General Antonio Guterres, meet with this year’s General Assembly President, Mr. Miroslav Lajčák of Slovakia, and meet with the Emir of Qatar. In the evening, he will host a traditional diplomatic reception.
On Wednesday, the President will meet with the leaders of Jordan, the Palestinian Authority, the United Kingdom, and Egypt. He will host a working luncheon with African leaders to discuss how the United States can help African nations develop their economies, address urgent challenges, and strengthen security relationships and economic relationships between our nations.
Finally, on Thursday, the President will meet with the leaders of Turkey, Afghanistan, and Ukraine. The latter two countries in particular have suffered direct and persistent attacks on their sovereignty in recent years.
He will also host a lunch with the leaders of South Korea and Japan. As Kim Jong-un’s most recent missile launch demonstrates, North Korea remains one of the world’s most urgent and dangerous security problems. It is vital that all nations work together to do our utmost to solve that problem.
With that, I’ll turn it over to Ambassador Haley.
AMBASSADOR HALEY: Thank you very much. And I will tell you that next week is not going to be short on topics. I think, first of all, we can all say it is a new day at the U.N. The U.N. has shifted over the past several months. It’s not just about talking, it’s about action.
The members are starting to get used to act, whether it’s Security Council resolutions, whether it’s with U.N. reform, whether it’s with peacekeeping. We’re starting to see a lot of changes at the U.N. They are all anxious to see what the U.S. delegation looks like next week, and I think they will be heavily impressed with the fact that we have the President, the Vice President, the Secretary of State, and many members of the National Security Council coming to really show the U.S. strength that we have in the world.
And I think — obviously this will be the first time that the President has addressed the General Assembly. They are all very anxious to hear what he has to say. And I think that he will make quite an impact in terms of all of the issues that we’re dealing with.
We have three events that will be extremely important. First, the President will highlight the U.N. reform event. It is very, very important. We’ve got a massive reform package being led by the Secretary General that really streamlines not just the processes, but also the budget as it goes forward, and makes the U.N. much more effective. We basically have the President headlining a U.N. reform effort, which would really support the Secretary General. But the impressive part is, we asked other countries to sign on to their support of reform, and 120 countries have signed on and will be in attendance. That’s a miraculous number.
The Vice President will be doing two very important briefings. He’s going to do one on Human Rights Council. Now more than ever, human rights matters. We say all the time that if the government doesn’t take care of its people, bad things will happen. And I think we’re seeing that in multiple places, and that’s all the reason why the Human Rights Council really needs to be effective. We have offered reform. I think the Vice President will go in and not only support the reform, but talk about why it’s needed and the areas that are really needing to be addressed when it comes to human rights.
The second one he’s going to do is on peacekeeping. And in the last several months, we have taken every peacekeeping mandate and changed it. Basically, we have saved half a billion dollars in peacekeeping. But before anyone thinks that’s a travesty, basically the way they handled peacekeeping in the past was, if there was a challenged area they would throw more troops at it. But they didn’t see if the troops were trained or give them the equipment to do their job. Now we’re going towards the political solution, making sure the troops are trained and armed, making sure that we’re more effective. So it’s smarter and it cut half a billion, and in some cases we’re having to increase, and in some cases we’re having to decrease.
So having the Vice President talk about the importance of the peacekeeping being effective is going to be very important.
And then, as I said, there are no shortage of issues, with North Korea being front and center. Iran will be an issue. Syria will certainly be talked about. Terrorism efforts and how we counter that is a huge topic on what we’re dealing with. And obviously the humanitarian issues that we face around the world.
So, with that, I think the General Assembly is going to be quite active next week, and I think the U.S. is going to be very strong next week. And we look forward to a very good week.
GENERAL MCMASTER: Gentleman in the center.
Q Thank you, General. My question is about North Korea, which is perhaps the biggest foreign policy challenge for President Trump right now. About a month ago, the President issued a threat to North Korea; he warned of “fire and fury.” And as you know, Ambassador, at the U.N. Security Council you’ve imposed tougher sanctions on North Korea. Both of these efforts do not seem to be changing their behavior. Is it time for the U.S. to change its approach to North Korea? Is that something that you’re contemplating? And, General, if you could weigh on this well. I appreciate it.
AMBASSADOR HALEY: I think what was really important with North Korea was that we try and push through as many diplomatic options as we have. If you look at the resolutions that have passed in the last month, the two of them, they cut 30 percent of the oil. They banned all the laborers. They banned 90 percent of the exports. They banned joint ventures. We’ve basically taken and, in the words of North Korea, we have strangled their economic situation at this point. That’s going to take a little bit of time, but it has already started to take effect.
What we are seeing is they continue to be provocative, they continue to be reckless. And at that point, there’s not a whole lot the Security Council is going to be able to do from here when you’ve cut 90 percent of the trade and 30 percent of the oil.
So, having said that, I have no problem kicking it to General Mattis, because I think he has plenty of options.
Q General, can you weigh on that too?
GENERAL MCMASTER: I’d just emphasize the point that Ambassador Haley made. These sanctions are just now taking effect. What’s really important is rigorous enforcement of those sanctions so that we can really let the economic actions and diplomacy progress as best we can. But I think we ought to make clear what’s different about this approach is, is that we’re out of time, right? As Ambassador Haley said before, we’ve been kicking the can down the road, and we’re out of road.
And so for those who have said and have been commenting about the lack of a military option, there is a military option. Now, it’s not what we would prefer to do, so what we have to do is call on all nations, call on everyone to do everything we can to address this global problem short of war.
So that is implementing now these significant sanctions that have just now gone into place, and it is convincing everyone to do everything that they can and that it’s in their interest to do it.
What’s different, I think, about this approach to North Korea is worth noting. First of all, there is consensus among all key nations that denuclearization of the Peninsula is the only acceptable objective.
The second thing is, this is not an issue between the United States and North Korea. This is an issue between the world and North Korea.
And the third recognition is, there is a lot that we can about it together. And so we need time, obviously, for any strategy to work. It is a sound approach to a very difficult problem, and we’ll see if it succeeds.
Q Ambassador Haley, a conference call preceded your briefing here. Jonathan Alterman of the Center for Strategic and International Studies said that next week’s UNGA will be as much the world taking measure of the United States as it is the U.S. speaking to the world. He went on to say that the UNGA, because of its very quick meetings, is sort of like speed dating from hell, and that it’s a very sophisticated dance that neither Secretary of State Tillerson or the President have a particularly strong point on. What would you say to people who are wondering how the U.S. will do at next week’s UNGA?
AMBASSADOR HALEY: I think there’s a lot of interest in how the U.S. is going to do, and they’re going to find out we are going to be solid, we’re going to be strong.
If you look at all of the meetings that the national security team has, these are important meetings. These aren’t just wasting time. This is going to talk about terrorism; this is going to talk about the issues in North Korea; this is going to talk about the issue in Burma and what we’re dealing with there; Venezuela — all of these issues. No one is going to grip and grin. The United States is going to work.
And I think with all of the challenges around the world, I think the international community is going to see that. This is a time to be serious, and it’s a time for us to talk out these challenges and make sure there’s action that follows it.
Q One of the big questions from some of the people outside of this room and other countries is, in addition to what we do militarily is the humanitarian effort. And we’ve been criticized for not being involved in the humanitarian effort too much, especially by the third world. So when you go to New York, in addition to addressing the security measures, how are you going to address the criticism about the U.S. not leading humanitarian efforts?
AMBASSADOR HALEY: We actually have led humanitarian efforts and continue to. Human rights, in general, is very important. That’s something we’ve been loud on, which is the fact that you have to protect human rights.
But the humanitarian side of what we’re seeing in South Sudan and the Democratic Republic of Congo; what we’re seeing with the Syrian refugees that are in Turkey and Jordan; the fact that we are trying to deal with Burma and find out ways that we can get humanitarian access in there. Yemen is something that the United States has been working very closely with the Saudis on and the U.N. to try and make sure we get humanitarian access.
So we have been as active and vocal and leading the charge on humanitarian access in all of these areas, and we are making a difference. I think just in Syria, we’ve had over $3 billion that we’ve given, in terms of helping that situation. Venezuela, you saw what we did with the sanctions, but we’re making sure they get that. Right now in Burma, we are taking that very seriously, and that’s of utmost importance that we get front and center on that one.
Q I have a question first to General McMaster before I get to one on North Korea for you. General, you mentioned the, obviously, terror incident overseas in London. The President tweeted this morning that it was “sick and demented people who were in the sights of Scotland Yard.” You may have seen Prime Minister may say it was “not helpful for people to speculate.” Did the President share information that he wasn’t supposed to? And if not, why was he speculating?
GENERAL MCMASTER: I think what the President was communicating is that, obviously, all of our law enforcement efforts are focused on this terrorist threat for years. Scotland Yard has been a leader, as our FBI has been a leader.
So I think if there was a terrorist attack here, God forbid, that we would say that they were in the sights of the FBI. So I think he didn’t mean anything beyond that.
Q I’m sorry, I’m not clear. Meaning he was saying generally terrorists are a focus for Scotland Yard, or was he saying in this specific incident, Scotland Yard knew potentially this was coming?
GENERAL MCMASTER: I think he means generally that this kind of activity is what we’re trying to prevent. And so these organizations that are responsible for it, whatever comes out of this investigation, that remains to be seen. It is likely that law enforcement had been working on that problem set.
Q And did that come up in the call with Prime Minister May?
GENERAL MCMASTER: I was not on that call this morning.
Q Ambassador, to you, on North Korea. Obviously there’s more U.N. Security Council action that could be taken. Are you at all hopeful that there is any chance for a full oil embargo as this administration had wanted? Or at what point — President Trump himself said this was a small step, the last U.N. Security Council vote. I think disagreeing with you, but Secretary Tillerson agreed with him that it seemed to have been a small step. So at what point does this administration take a bigger step and, for example, put tougher sanctions on China in order to put pressure on North Korea?
AMBASSADOR HALEY: Well I think, first of all, let’s talk about what a big sanctions resolution this was. The first one was a billion dollars. The second one was $1.3 billion, not counting the 30 percent decrease in oil. We did a 55 — and just imagine if this happened to the United States — a 55 percent reduction in diesel and oil. Overall ban of natural gas, overall ban of any substitutes; overall ban of textiles; stopping the labor program, which we call as modern-day slavery; stopping all joint ventures so foreign investment goes in there.
We have cut off now 90 percent of trade going into North Korea, and they are saying that this was strangling. So whether some believe it’s big or small, I think what the President is saying is this is just the beginning of what we can do.
So it’s going to be — by the time we get going on this, if we have to go further, this is going to look small compared to what we do.
But no, it was a massive sanctions bill, and I think the fact that we had a 15-0 record and you have China onboard and Russia onboard, I think that’s very important. We’ve cut 30 percent of the oil. Is there more you can do? There’s always more you can do, but then you get into the humanitarian aspect of it, which is at what point are you going and actually hurting down to the people of North Korea. But we will always explore all options that we have.
Yes, in the red.
Q Thank you, Ambassador. You said that Syria is going to be on the agenda. As you know, today Turkey, Russia, and Iran agreed to deploy 1,500 monitors in the Idlib province. Does that leave the U.S. behind? And what exactly the focus will be when you talk about Syria at the U.N. next week?
And, General, if I can, you said that the meeting between the President and Prime Minister Netanyahu will talk about Iran. How much of the peace process with the Palestinians will take place in that meeting? Thank you.
AMBASSADOR HALEY: I think the efforts in Syria have been remarkable — both Syria and Iraq. To see how we have really bulldozed through ISIS in the way that we have shows how strong the U.S. had been in partnership with them, but I think we’re also looking at post-ISIS — what does that look like? And I can tell you, Iran is not going to be in charge, and Iran is not going to have any sort of leadership in that situation to where they could do more harm.
But Syria is always going to be a topic. I think we continue to be strong in making sure there’s no chemical weapons and making sure that we’re looking at the humanitariansituation. But the U.S. is a very strong partner in the resolution for Syria and will continue to be until we know that everything is stable.
Q (Inaudible) that does not include the U.S.?
AMBASSADOR HALEY: Well, I think we’re not going to be satisfied until we see a solid and stable Syria, and that is not with Assad in place. But what we are going to do is continue to be very effective and be a part of that process so that we get to a resolution.
GENERAL MCMASTER: Yeah, I’ll just say that, of course the President will talk about the prospects for lasting peace between Israel and the Palestinians, among a broad range of regional issues, with really all of the leaders he’s meeting during the week.
Q Ambassador, two quick questions. The first one is, the fact that president Putin and President Xi Jinping won’t be there, will it have an impact on the what the outcome of whatever you’ll discuss on Syria and North Korea?
And, General, you’ve been insisting a lot on the respect of sovereignty. Wouldn’t an investment in a peacekeeping mission be part of getting involved and having a stronger impact on this?
AMBASSADOR HALEY: I do think that it’s still going to be strong and have an impact because you’ve got two very strong foreign ministers from Russia and China that are going to be there. And the idea that we’re going to be talking about Syria and North Korea, and Iran, and all of those other things, I think it will be serious discussions.
And I think the fact that President Xi and President Putin couldn’t be there is not going to change the effect of the talks that we have next week.
Q Are you disappointed that they’re not going to show up?
AMBASSADOR HALEY: That’s their choice to not show up.
GENERAL MCMASTER: I would just add on to say the U.N. General Assembly is not a substitute for bilateral relationships with any nations. And as you know, the President has been working very closely, especially with President Xi, on this common problem and this world problem of North Korea.
So those discussions will continue, and it will continue in the context of multilateral engagements but also in context of our bilateral relationship with China.
AMBASSADOR HALEY: Back in the back.
Q Thank you, Madam Ambassador, General. A question regarding etiquette. In the past, Presidents have copiously avoided certain world leaders. A decade ago, President Bush avoiding President Ahmadinejad when he was at the opening of the U.N. Will the President speak to President Maduro at all when he is there?
GENERAL MCMASTER: Yeah, I think it’s unlikely that he’ll speak with President Maduro. As you know, the United States designated President Maduro after he victimized his own people, denied them their rights under his own constitution. And I think as the President has made clear, he’s willing to talk at some point in the future, but it would have to be after rights are restored to the Venezuelan people.
Q Thank you, Madam Ambassador. Two questions. One, what is the future of India and the United Nations membership and Security Council? Because when Prime Minister Modi visited the White House he brought up this issue with President Trump.
AMBASSADOR HALEY: Well, I think that Security Council reform is still being talked about, and I know that it’s something that India wants. Many other countries want it as well. So we’ll have to wait and see.
Q Do you have any indications right now that sanctions will work towards North Korea?
AMBASSADOR HALEY: You have to look at how much has been cut off. They’ve already started to feel it, but they’re getting ready to feel 90 percent of their exports going away; 30 percent of their oil. Imagine what that would do to the United States if it was there.
And if you look at what — I was looking at what North Korea was saying. They said it was a full-scale economic blockade, suffocating its state and its people. This is dramatic. This is something — and not only is it dramatic, but you’re looking at — Peru has dropped ties. Thailand has dropped ties. We’re seeing so many just kind of get rid of either the ambassadors or the trade that they’re doing. There is no way that North Korea doesn’t feel this.
Now, how they choose to respond, this is totally in their hands on how they respond.
One more question. I’ll let you pick who gets the last question.
Q Thank you, Sarah. Appreciate it. So I was wondering — we talked a little bit about the President, the speech that he’ll deliver on Tuesday. But I’m wondering if you could talk in any more detail now — and I’m sure we’ll get more detail later — will he be sending direct messages about Iran and North Korea in that speech? Are there any more specific themes?
And also, Ambassador Haley, I wanted to ask you: On the question of U.N. funding, I know reform is probably an important part of this question, but as a candidate, President Trump was — then-candidate Trump was somewhat skeptical about the reach and the import of the U.N., the point of it long term. As President I’m sure he’s learned more. Is the U.S. committed both to fulfilling its financial obligations? And where does it stand on terms of its voluntary funding for the U.N. going forward? Would you talk a little bit about that?
AMBASSADOR HALEY: Right. To start off with the speech that the President gives, I think you can see it for yourself. I personally think he slaps the right people, he hugs the right people, and he comes out with the U.S. being very strong in the end.
Q So it’s written, and you’ve seen it?
AMBASSADOR HALEY: I have seen it, yes. And then the second part of it is, the U.N. — when I originally spoke with the President, what I said is, we’ll see what we can make of it. And that’s the thing is, we’re creating an opportunity. We’re making the most of it. We’re moving foreign policy. We’re changing the way peacekeeping is done. We’re really bringing up human rights. And more importantly, what I appreciate is they stopped focusing on the commas and the periods, and we’re actually acting. We’re actually seeing strong things happens.
And so I think the President has always believed there’s great potential in the United Nations, but I think now the world is seeing it — that it is actually changing, and it’s actually becoming more effective.
Q Will he firmly articulate his intention to continue traditional U.S. funding at full levels?
AMBASSADOR HALEY: I think you’ll have to wait and see. Thank you very much.
Q Sarah, a follow-up on something that Ambassador Haley said. She mentioned that she would feel comfortable kicking this issue to Secretary Mattis. Should Americans be concerned about the possibility of war? And how much time are you willing to give China to implement the resolutions in the U.N. Security Council agreement?
PRESS SECRETARY SARAH SANDERS: As we’ve said many times before, we’re not going to broadcast, and I’m not going to lay out a timetable on what that would look like. We’re continuing to keep all options on the table. We’re going to push forward with a plan right now.
And again, as both General McMaster and Ambassador Haley stated, we are working on putting that pressure on North Korea to reach that ultimate goal of denuclearization on the Korean Peninsula. That’s what we’re focused on. We’re going to go keep pushing forward on that front. But at the same time, we’re going to keep all our options on the table as we do that.
Q What will the President say to the leaders that he meets next week who are eager for talks with North Korea? I know that the President has opposed that. How will he address that with the Europeans and others who are in favor of it?
SANDERS: I’m certainly not going to get ahead of any conversations that the President is going to have. As always, we’ll provide readouts and background of those conversations. But I think the President will be very clear that putting extreme pressure on North Korea is very important.