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?

 

Richard Rohr Meditation: Reclaiming Jesus

The church’s role is to change the world through the life and love of Jesus Christ. The government’s role is to serve the common good by protecting justice and peace, rewarding good behavior while restraining bad behavior (Romans 13). When that role is undermined by political leadership, faith leaders must stand up and speak out. Rev. Dr. Martin Luther King Jr. said, “The church must be reminded that it is not the master or the servant of the state, but rather the conscience of the state.” [2]

.. I. WE BELIEVE each human being is made in God’s image and likeness (Genesis 1:26). That image and likeness confers a divinely decreed dignity, worth, and God-given equality to all of us as children of the one God who is the Creator of all things. Racial bigotry is a brutal denial of the image of God (the imago dei) in some of the children of God

.. III. WE BELIEVE how we treat the hungry, the thirsty, the naked, the stranger, the sick, and the prisoner is how we treat Christ himself. “Truly I tell you, just as you did it to one of the least of these who are members of my family, you did it to me” (Matthew 25:40).

.. God calls us to protect and seek justice for those who are poor and vulnerable, and our treatment of people who are “oppressed,” “strangers,” “outsiders,” or otherwise considered “marginal” is a test of our relationship to God, who made us all equal in divine dignity and love. Our proclamation of the lordship of Jesus Christ is at stake in our solidarity with the most vulnerable. If our gospel is not “good news to the poor,” it is not the gospel of Jesus Christ (Luke 4:18).

Rudy Giuliani Attacks Stormy Daniels But Disgraces Himself

“Excuse me, when you look at Stormy Daniels,” Rudolph Giuliani, .. before interrupting himself to make a face. And what a face: Giuliani’s expression was, perhaps, meant to be one of knowing revulsion at Daniels, but the lopsided chaos of his features conveyed a moral contortion all his own. He had been explaining that Melania Trump believed in her husband implicitly, and so should everyone else, because he was Trump

.. Giuliani added, “I know Donald Trump. Look at his three wives, right?” It wasn’t clear if, with that questioning note, he was looking for a confirmation of the exact number of Trump’s wives. “Beautiful women, classy women, women of great substance. Stormy Daniels?” He paused to make another face

..  “But I’m sorry, I don’t respect a porn star the way I respect a career woman, or a woman of substance, or a woman who has great respect for herself as a woman, and as a person. And isn’t going to sell her body for sexual exploitation. So, Stormy, you want to bring a case? Let me cross-examine you.”

.. It is more of an honest living than some New York real-estate developers make.

.. she has also made it clear that she knew that she was taking a risk by opening herself up to this kind of attack

..  (Clifford has said that one of the new expenses she has taken on, in addition to her legal fees, is for security.)

.. Giuliani jumped in, seemingly intent on playacting the role of a beat cop from a past century, who, in dealing with the woman who comes to tell him her story, looks at what she is wearing, smirks, and turns away—or, as Giuliani suggested in his “cross-examine” remark, the role of the lawyer who has no better tactic than to try to humiliate a witness, labelling her a loose woman.

.. That is a form of sexual exploitation far more corrosive than any film that Clifford has ever made.

.. Giuliani’s comments went beyond whether Clifford could be believed to whether she could even be hurt. “Explain to me how she could be damaged,” he said. “She has no reputation. If you’re going to sell your body for money, you just don’t have a reputation.” But Clifford does not say that Trump, against whom she has filed a defamation suit (in the Southern District of New York, Giuliani’s old territory), damaged her by calling her an adult-film star. She says that he damaged her by saying, on Twitter, that her account of being threatened not to talk about their sexual encounter was “a total con job”—and that she, by implication, was a total con woman

.. when NBC asked Giuliani whether he regretted his remarks, he said that he did not, dressing up his denial with a vague reference to feminism and daughters. He also said, “I don’t have to undermine her credibility. She’s done it by lying.”

.. Giuliani, perhaps more than any of Trump’s other lawyers, has made Cohen sound like Trump’s bag man, with slush-fund-management responsibilities.

.. he corruption case against Benjamin Netanyahu, Israel’s Prime Minister, was a “joke

.. Mueller’s team was trying to “frame” Trump.

.. while the President could be impeached, “in no case” could he be indicted or subpoenaed, not even “if he shot James Comey.” There is regular speculation about when Trump might fire Giuliani. But it may be that Giuliani is the President’s lawyer because he is the kind of lawyer Trump likes.

.. Giuliani’s remarks about Clifford are more than repugnant; they are revealing. They convey a political philosophy that he and the President share

.. those who are vulnerable are meant to be wounded, and have no right to ask for respect, let alone protection. It is a bully’s declaration of open season on the weak.

.. But Stephanie Clifford is not as defenseless as Giuliani or Trump might think. She has presented a credible and strikingly strong legal case. Maybe Giuliani should be listening to her.

Power’s Role In Sexual Harassment

Psychologists say high-powered men accused of abusing women have different motivations but often share some personality traits

A series of sexual-harassment accusations against well-known business leaders, celebrities and politicians has left people wondering why some successful men behave this way.

In many cases, power seems to play a role. Certainly, the majority of influential men treat women appropriately. But what is going on from a psychological standpoint with the ones who don’t? Research shows they have different motivations yet typically share specific personality traits. Their power amplifies proclivities they already have.

.. Power can be isolating. Psychologists say that people in power sometimes feel removed from others, as if they aren’t subject to the same rules.

..  “Powerful people often surround themselves with people who enable them and who won’t challenge them,”
.. power can create opportunities for men to mistreat women. However, those who choose to exploit such opportunities are sometimes men who felt powerless in the past and then suddenly received an increase in power.
.. Power also can make people feel less inhibited
.. “There are parallels to alcohol,” she says. “Both make you less constrained by social norms.”
.. For many people this is positive. People who are compassionate before they have power, for example, tend to be more compassionate afterwards, the research shows. They’re the good bosses.
.. those who harass or assault women often have a combination of two distinct sets of personality characteristics
.. Psychologists call these “hostile masculinity” and “impersonal sexuality.”
.. Men with “hostile masculinity” find power over women to be a sexual turn-on. They feel anger at being rejected by a woman. This is something that researchers believe probably happened to them a lot when they were young. They justify their aggression and are often narcissists... Men with “impersonal sexuality” prefer sex without intimacy or a close connection, which often leads them to seek promiscuous sex or multiple partners.

.. Men who harass or assault women also tend to have sexist attitudes, such as an opposition to gender equality or a favoring of traditional roles for women

.. “It’s not automatic; it’s not that power corrupts,” says UCLA’s Dr. Malamuth. “It’s a certain type of man who uses his power in this way.”

.. men who are aggressive toward women are more likely to look for or create a situation where women are more vulnerable. So it’s no coincidence that they are the ones who seek out power—especially over young, beautiful women, who were the ones who tended to reject them when they were young.

.. “The bad behavior is a defense against being powerless,”