Babies are seized from their mothers’ arms. Photographs show their anguish. News reports describe their cages. A recording captures their wailing and a U.S. border official’s cold mockery. A defiant President Trump falsely blames others for the misery he created.
And Republican lawmakers respond as they often have: They hold another hearing about Hillary Clinton’s emails.
But they have run this play too many times before.
.. Just 29 seconds into Tuesday’s hearing on the defeated Democratic 2016 presidential nominee and her emails, Rep. Jerrold Nadler (N.Y.), top Democrat on the Judiciary Committee, interrupted to point out that something more important needs attention.
.. “They are children who have been forcibly removed from their parents in our name.”
Republicans on the committee tried to silence Nadler with calls of “order!”
Nadler spoke over them: “The United States should be better than this. We should not put children in cages.”
“Regular order!” called out Rep. Bob Goodlatte (R-Va.), chairman of the Judiciary Committee.
.. Ah, so it’s “regular order” to have the umpteenth hearing about a now-private citizen’s emails, but you’re “pulling” a stunt if you talk about the Trump policy under which border guards are reportedly telling parents they are taking children “for a bath” and the children never return.
No, Republicans, your “regular order” is out of order.
.. As soon as Gowdy had silenced Nadler, two women in the back of the room, with infants in their laps, began to heckle the lawmakers about the inhumanity of Trump’s family separation policy.
Gowdy slammed the gavel to the dais and demanded that the mothers and babies be removed. (At least the Capitol Police had the good sense not to take the babies from the mothers.) “We will be in recess until the Capitol Police restore order!” Gowdy proclaimed.
But “order” remained elusive.
.. Shortly after the moms and babies were evicted from the room, Rep. Elijah E. Cummings (Md.), top Democrat on the Oversight Committee, spoke. “Are we really going to sit here, 70 members of the Congress of the United States of America, in 2018, and have a hearing . . . on Hillary Clinton’s emails?”
.. “We should be able to agree that we will not keep kids in child internment camps indefinitely and hidden away from public view. What country is that? This is the United States of America! We now have reports of parents being deported, but the Trump administration is keeping their children here.”
.. Unhappy that Clinton wasn’t charged in 2016 for mishandling her emails, they had demanded an investigation into the original investigation of Clinton. That investigation, conducted by Justice Department Inspector General Michael Horowitz, last week reported misconduct by some officials but “no evidence that the conclusions by the prosecutors were affected by bias or other improper considerations.”
.. Now Republicans, still unsatisfied, are threatening to investigate the investigation of the investigation of Clinton. Senate Republicans hauled Horowitz in Monday, and House Republicans hauled him in Tuesday, to field questions for seven hours from 70 lawmakers
.. they care more about a scrubbed server than a clean conscience.
President Trump seems to be saying more and more things that aren’t true
Since Saturday, Trump has tweeted false or misleading information at least seven times on the topic of immigration and at least six times on a Justice Department inspector general report into the FBI’s handling of its investigation into Hillary Clinton’s private email server. That’s more than a dozen obfuscations on just two central topics — a figure that does not include falsehoods on other issues, whether in tweets or public remarks.
.. in June, Trump has been tweeting at the fastest rate of his presidency so far, an average of 11.3 messages per day.
.. The president often seeks to paint a self-serving and self-affirming alternate reality for himself and his supporters. Disparaging the “fake news” media, Trump offers his own filter through which to view the world — offering a competing reality on issues including relationships forged (or broken) at the Group of Seven summit in Canada, the success of the Singapore summit with the North Koreans, and his administration’s “zero tolerance” policy on illegal immigration.
.. “As far as I can tell, the best way to understand anything he says is what will best serve his interests in the moment. It’s irrespective to any version of the truth.”
.. Trump had made 3,251 false or misleading claims in 497 days — an average of 6.5 such claims per day of his presidency.
.. Trump’s use of repetition is a particularly effective technique for convincing his supporters of the veracity of his false claims, in part because most people have a “truth bias,” or an initial inclination to accept what others say as true.
.. “When liars repeat the same lie over and over again, they can get even more of an advantage, at least among those who want to believe them or are not all that motivated either way,”
.. “So when people hear the same lies over and over again — especially when they want to believe those lies — a kind of new reality can be created. What they’ve heard starts to seem like it’s just obvious, and not something that needs to be questioned.”
.. While Congress could pass a legislative fix, Republicans control both the House and the Senate — making it disingenuous at best to finger the opposing party, as the president has repeatedly done.
.. Trump again falsely painted the humanitarian crisis as a binary choice. “We can either release all illegal immigrant families and minors who show up at the border from Central America, or we can arrest the adults for the federal crime of illegal entry,” he said. “Those are the only two options.”
.. twice in the past four days has singled out Germany as facing an increase in crime. “Crime in Germany is up 10% plus (officials do not want to report these crimes) since migrants were accepted,” Trump wrote. “Others countries are even worse. Be smart America!”
.. In fact, the opposite is true. Reported crime in Germany was actually down by 10 percent last year and, according to German Interior Minister Horst Seehofer, the country’s reported crime rate last year was actually at its lowest point in three decades.
.. The president has also falsely claimed that the inspector general report “exonerated” him from Mueller’s probe, when the report did not delve into the Russia investigation.
.. On a conference call Tuesday morning, for instance, a senior Health and Human Services official said the new policy was focused on deterrence and was working — contradicting the public comments of Homeland Security Secretary Kirstjen Nielsen, who has publicly said that family separation is not a policy, is not new and is not about deterrence.
.. the past week may mark an “inflection point” in how both the media and the public treat Trump’s mistruths.
.. “The lies have been so bald and discernibly false, I think people have felt license to challenge him and use the word ‘lie’ more freely than they have in the past,”
How Trump Corrupts the Rule of Law
We take it for granted that President Trump says demonstrably false things on any number of topics. That is itself alarming.
But gross factual mischaracterizations have started to trickle down to the lawyers who serve at the president’s pleasure: At oral argument in the Supreme Court, for example, the solicitor general declared that the president had made it crystal clear that he would never follow through on his campaign promise to ban Muslims. In fact, the president never said any such thing.
.. In the case, Ms. L v. Immigration and Customs Enforcement, the president has made the up-is-down claim that a Democratic law — the Trafficking Victims Protection Reauthorization Act, in conjunction with the Homeland Security Act and statutes criminalizing illegal entry — requires him to separate families to protect the children.
.. The administration’s legal mumbo-jumbo attempts to use laws that are meant to protect vulnerable children as a screen to terrorize them and to deter immigrants from coming to the United States border.
.. The laws that Mr. Trump’s Justice Department cites — which apply to unaccompanied children, not children with parents — require no such thing.
.. Instead, the Homeland Security law, a statute governing the Office of Refugee Resettlement, gives custody of unaccompanied minors to that department, and very clearly not to the Department of Homeland Security, to address the challenges that children without parents face in the immigration system.
.. The statute that addresses child trafficking — part of the Trafficking Victims law — is designed to reduce the risk that children who are alone will fall victim to human trafficking. The administration is arguing that the laws do the opposite — that they make children more vulnerable to human trafficking and place children at greater risk in the immigration system — and so require the D.H.S. to separate families that would otherwise be together.
.. This is a specious use of law: It inverts the laws governing child immigration and uses them to exacerbate the very evil the law was designed to address.
.. Mr. Trump’s Justice Department is thus lying about what the tax bill did, and about Congress’s intent in passing it. And the department, like the president himself, is doing so as part of a transparent effort to rid the country of a law that Mr. Trump and his Republican caucus do not like but could not repeal through normal channels.
.. Lawyers, including at the Department of Justice, sometimes make aggressive arguments. But there is a difference between aggressive and preposterous, and between truths and untruths. The rule of law depends on these distinctions — to hold governments officials to the law, we need to be able to acknowledge what the law says.
.. The administration is simultaneously insisting that it must enforce a law that does not exist, but is refusing to defend a law that actually does exist, and jeopardizing the law in the process.
.. More likely, the administration will not persuade the current Supreme Court with these arguments. But it may be playing a long game that shifts expectations about legal arguments, and what falls within the bounds of reasonable — to make the law seem as manipulable, and therefore as easy to write off, as the facts.
This is a test for the courts. The executive and legislative branches have in too many ways capitulated to the president’s post-factual world. Will the legal system allow a post-legal one as well?
How Anti-Immigration Passion Was Inflamed From the Fringe
In January 2015, when few were watching, Mr. Sessions wrote a 23-page memo that predicted that the next president would most likely be a Republican who spoke to the working class about how immigrants had stolen their jobs.
.. Most mainstream politicians ignored the memo, but its contents influenced Mr. Trump. At a raucous 2015 rally in Mobile, Ala., he sensed the power of the immigration issue as a crowd of 30,000 supporters roared with approval at his promise to build a wall across the southern border and crack down on illegal immigration.
.. By then Mr. Sessions and Mr. Miller were the architects of the immigration agenda of the long-shot Trump campaign. In 2016, Mr. Sessions endorsed Mr. Trump for president — his first ever endorsement of a candidate in a primary — and Mr. Miller did as well.
.. Both men have something else in common: They are largely unfazed by criticism or bad press.
Mr. Sessions is known for proudly holding opinions thought to be retrograde. Under his high school yearbook photo was the caption: “He is a host of debaters in himself.” While serving as Alabama’s attorney general, he supported reviving chain gangs of volunteer inmates and tighter identification requirements for Alabama voters.
.. Mr. Miller is similarly immune to critiques from establishment Republicans, who often view his immigration positions as far out of the mainstream and politically dangerous. In the recent interview, Mr. Miller dismissed as ignorant the hand-wringing of Republicans about the family separation controversy.
.. “You have one party that’s in favor of open borders, and you have one party that wants to secure the border,” Mr. Miller said. “And all day long the American people are going to side with the party that wants to secure the border. And not by a little bit. Not 55-45. 60-40. 70-30. 80-20. I’m talking 90-10 on that.”
.. Mr. Sessions urged lawmakers to pass legislation to build a wall along the southern border and impose new restrictions on immigration that he said would end legal “loopholes” that let illegal immigrants in.
“If we build the wall, if we pass legislation to end the lawlessness,” Mr. Sessions said, “we won’t face these terrible choices.”