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Im-Politic: Why White Supremacist Terrorism has Become a Top Priority Threat

18 Monday Mar 2019

Posted by Alan Tonelson in Im-Politic

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anti-semitism, Christchurch, Great Replacement, Im-Politic, Islamic terrorism, Islamophobia, jihadism, mosques, Muslims, New Zealand attack, social media, terrorism, Trump, white nationalists, white supremacist terrorism, white supremacists

The great 20th century economist John Maynard Keynes is widely thought to have said in response to a challenge to his consistency, “When the facts change, I change my mind. What do you do?…” I’ve always thought that’s great advice in life generally, and in particular for anyone who spends much time commenting on public policy. As a result, I have no problem reporting that my views on the seriousness of the white nationalist/supremacist violence threat nationwide and globally are different now than when I last wrote on the issue a little over three years ago. Moreover, it’s clear that President Trump needs to get off the dime on this front as well.

Specifically, it’s now clear to me that these movements have developed into dangers to public safety that are comparable, or nearly so, to Islam-inspired terrorist movements, and that other national governments need to intensify their focus accordingly.

The proximate cause of course is Friday’s terrible massacre of Muslims at two mosques in Christchurch, New Zealand. But the past year has also witnessed a mass shooting at a Pittsburgh, Pennsylvania synagogue, the letter bombs sent by a Florida man to Democratic Party politicians and officials as well as liberal mainstream media figures, and the arrest of a Coast Guard officer who was apparently stockpiling weapons with the intent of killing lots of liberal political figures and journalists.

My previous views on the differences between white nationalist (I know it’s a logically tortuous term, but it’s in widespread use, so….) violence and Islamic terrorism were based mainly on two observations: First, that, unlike the latter, the former had no general program (however loony in real-world terms) that it tried to push; and second, that unlike Islamic terrorists, the white nationalists didn’t seem to have an international network from which they could draw strength, inspiration, and even resources.

It’s now clear, however, that the Islamophobic, anti-immigrant hatred behind much white nationalist violence is motivated by a determination to stop what these extremists view as an effort by globalist-dominated national governments to replace their countries’ historically white populations of European descent with Muslims and other foreign non-whites. Some of this “Great Replacement” thinking (I hesitate to dignify it as anything as systematic as an “ideology”) of course also justifies anti-semitic violence by evoking the long-held belief that Jews are crucial members, and indeed masterminds, of a transnational (usually called “cosmopolitan” conspiracy to control all of humanity by dissolving all existing bonds among individuals, ethnic groups, and national populations and imposing a form of tyrannical world government).

Moreover, like jihadists, white nationalists undoubtedly the world over increasingly are using social media to talk to one another, share their poisonous bigotry, and whip themselves into a frenzy. As a result, it’s just as pointless to try distinguishing the two by contending that jihadists appear much more organized globally than white nationalists. It’s true, for example, that white nationalists haven’t demonstrated the ability to turn large chunks of physical territory into bases capable of promoting large-scale terrorist operations like September 11. But it’s also true – as noted by many alarmed by jihadism – that such capabilities aren’t needed for Islamic radicalism to deserve blame for inspiring “lone wolves” to go on terrorist rampages.

It’s also true, as far as we know, that, unlike the jihadists, white nationalists haven’t yet been able to foster the creation of and maintenance of cells that can carry out large-scale terror attacks like those Europe has suffered in Paris and Brussels. But why sit back and wait for this capacity to develop?

So President Trump obviously needs to stop denying that white nationalism is a burgeoning security threat. White nationalists may indeed be “a small group of people that have very, very serious problems,” but there’s now no doubt that however sparse their numbers, white nationalists can do tremendous harm. He also needs to stop committing the entirely unforced error of reacting to anti-Muslim terrorism in the blandest possible ways (when he reacts at all) while greeting violence by Islamic radicals with instant outrage.

But let’s also be clear about what burgeoning white nationalist violence doesn’t mean. Principally, it doesn’t mean that Mr. Trump and his rhetoric are responsible (unless you want to hold Never Trump-ers and their extreme rhetoric responsible for antifa-type violence). And it doesn’t mean that Islam-inspired terrorism can or should be downplayed – including with all that implies for policies toward immigrants and refugees from countries where reliable vetting information simply doesn’t exist. 

Instead, it means that we live in a depressingly and dangerously complicated world in which perils can come simultaneously in many different forms; in which governments need to target them all; and in which people of genuinely good will urgently need to realize that what they have in common, and what separates them from the violent fringes, is far more important than what divides them. Mr. Trump could help greatly by recognizing that his entirely correct claim that “to solve a problem, you have to be able to state what the problem is or at least say the name” applies to white supremacist terrorism as well as the Islam-inspired kind.

Following Up: Hate Crimes, Trump, and New FBI Data

15 Thursday Nov 2018

Posted by Alan Tonelson in Following Up

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African Americans, anti-semitism, FBI, Federal Bureau of Investigation, Following Up, hate crimes, Hispanics, illegal aliens, Islamic terrorism, Jews, Latinos, Muslims, neo-Nazis, Pittsburgh synagogue shooting, racism, Trump, white nationalists, xenophobia

Right after last month’s Pittsburgh synagogue murders, I wrote a post that used FBI hate crimes data to cast doubt on President Trump’s direct or indirect culpability – but closed by noting that the Bureau would soon be issuing numbers that bring the story up to 2017.

“Soon” arrived this week, and the new statistics do provide evidence for a “Trump effect” on hate crimes overall, and on the incidence of anti-semitic hate crimes in particular. At the same time (and I know Never Trump-ers won’t want to see this), much of the evidence is considerably mixed, especially when it comes to the charge that, as presidential candidate and chief executive, Mr. Trump has “activated” violent anti-Semites and other bigots – i.e., he’s emboldened all of them to turn their hatred into attacks on their target groups.

To base my analysis on more data than used in that previous post, I’ve gone back to each of the 2000-2005 years, and continued examining the numbers for each year through 2017. I’ve also looked at two different categories of data that logically shed the most light on these issues – the number of total known incidents for each of these years, and the number of total known offenders. (I also counted up the numbers of victims, but believe that, even though they track well with the other two data sets, they tell us a good deal less about the activation charge. So for brevity’s sake, I’ve left them out.)

The annual figures on total hate crimes incidents typify most of the patterns. The strongest evidence for the Trump effect consists of the changes in the number of incidents and offenders for 2015-2016, and 2016-2017. Recall the Mr. Trump declared his candidacy for president in June, 2015.

Between 2015 and 2016, the incidents figure rose by 4.63 percent, and then jumped by 17.22 percent the following year. The 2016-17 increase was the biggest in percentage terms since that between 2000 and 2001 (a 20.67 percent surge that partly consisted of reactions to the September 11 terror attacks in 2001).

Here, however, is where the activation narrative starts to lose some force. Principally, the 2015-2016 increase was much smaller than that recorded between 2005 and 2006 (7.80 percent). Was then-President George W. Bush unwittingly or not encouraging extremists? Were they becoming activated in opposition to some of his policies, like the Iraq War? The overall hate crimes numbers don’t yield any obvious answers, but clearly among some groups, national tempers were flaring back then.

Another complication: The absolute 2017 number of hate crimes – like the 2016 number – was the biggest in several years. Indeed, 2017’s 7,175 total hate crimes was the highest figure since 2008’s 7,783. But think about that for a moment. It means that the 2008 number was (significantly) higher. So were its counterparts for each year since 2000. Were those years of greater Presidential activation?

It’s tempting to blame a “September 11” effect during those years. Yet the figure for 2000 – the year before the terror strikes – was much higher (8,063) than 2017’s as well.

The offender numbers are even more puzzling from the activation standpoint – since presumably they’re the individuals being activated. They did rise by 14.46 percent between 2014 and 2015 – which covers the first six months of the Trump presidential campaign. But between 2015 and 2016 – when he was running all year and clearly was much more prominent in the national consciousness – the number of offenders actually declined by 2.91 percent.

The following year, Mr. Trump’s first in the Oval Office, offender numbers shot up again – by 10.40 percent. That increase, however, wasn’t that much larger in percentage terms than the rise during the Barack Obama year 2012-2013 (9.06 percent).

Further, looking at the makeup of these numbers (in terms of the target groups) produces even bigger mysteries. Specifically, that big 17.22 percent increase in the total number of hate crimes between 2016 and 2017 was keyed largely by a 37.13 percent jump in incidents targeting Jews. Consequently, the 2017 total reached 938 – the highest figure since, again, 2008 (another George W. Bush year). But as with overall incidents, this means that the 2008 figure (1,013) topped that for 2017 by an impressive margin. In addition, the 2017 total was exceeded no less than six times in all between 2000 and 2008.

More puzzles emerge from the offenders figures. The number targeting Jews increased 8.79 percent between 2015 and 2016, and by 24.23 percent between 2016 and 2017. The absolute numbers for those years (421 and 523, respectively) are also the two highest during the 2000-2017 period. So these figures also seem to bear out the accusation that President Trump has coddled neo-Nazi/”white nationalist” types in various ways and bears some responsibility for their crimes.

But leave aside the objections that Mr. Trump has welcomed Jews into his family, has worked with them in numerous ways during his business career, and has been a staunch supporter of Israel (all of which has enraged some of those neo-Nazis). Why did the numbers of anti-semitic perps skyrocket by 69.40 percent between 2012 and 2013?

Something else that doesn’t dovetail with the activation charges: Although candidate and President Trump have been accused of stoking racism and xenophobia along with anti-Semitism, the data indicate that any Trump effect in regard to African-Americans and Muslims has been much more muted.

The number of incidents figures show that reported hate crimes targeting Muslims nearly doubled between 2014 and 2015 (from 154 to 294), and then climbed by another 21.77 percent the following year. Maybe candidate Trump’s calls for a ban on Muslim immigration into the United States and for registering Muslims in a national data base deserve lots of blame? Possibly. But then why would anti-Muslim hate crimes have dropped by 7.54 percent in the President’s first year in office – when the Muslim ban effort was a top priority, and front-page news, for months.

Moreover, despite the belief that Mr. Trump’s support of “birther” claims against former President Obama, and a 7.65 percent increase in hate crimes against blacks between 2014 and 2015, these numbers have stayed virtually flat over the course of the President’s main campaigning year and his first year in office.

Evidence for Trump-ian activation that’s more compelling comes from the data on anti-Hispanic hate crimes. The numbers of incidents and offenders both rose strongly – by a record 42.73 percent for the former and by 29.21 percent for the latter between 2016 and 2017, when the President kept immigration issues front and center. As with so many of the other statistics, however, the latest absolute Trump Era numbers for both categories remains way below many pre-Trump annual levels.

That’s why it seems reasonably clear to me that the main driver of the hate crimes data isn’t presidential activation, and that it may not be a major influence at all. What are some possible alternative causes? In many cases, real world events. Two examples: First, the numbers of anti-Muslim hate crimes and violent haters arguably rose so robustly from 2014 on because that period has been marked by a shocking number of fatal terrorism strikes launched by Islamic extremists in both the United States and in Europe.

Second, the anti-Hispanic counterparts of these figures were so much higher during the previous decade than they are today because those years featured mounting efforts by the Open Borders lobby – including an unprecedented wage of protest and other forms of activism by illegal immigrants themselves – to demand more rights and government benefits for this illicit population.

This explanation doesn’t seem to apply to the levels and growth rates of anti-semitic hate crimes. But then again, this form of bigotry isn’t often called “the oldest hatred” for nothing. (Racism of course has been an historical constant as well in America and elsewhere.) 

It should go without saying (but maybe not in these highly charged and polarized times) that none of the events and developments cited immediately above can ever justify hate crimes or similar bigoted actions and beliefs. Nor does it signal a belief that the President has handled these incidents on his watch acceptably. As I’ve written repeatedly, he hasn’t. But what should be clear is that anyone seeking to understand anti-semitic and other hate crimes needs to look far beyond the White House.

Following Up: Trump and Hate Crimes: What the Data Say

29 Monday Oct 2018

Posted by Alan Tonelson in Following Up

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African Americans, anti-semitism, bigotry, Following Up, hate crimes, Hispanics, Jews, Muslims, Pittsburgh synagogue shooting, political violence, racism, Trump, whites

If you’re one of those who believe that hate crimes against Jews and other religious or racial or ethnic minorities in America have reached unprecedented levels, and that President Trump’s too often offensive rhetoric is solely or even mainly responsible, here are some numbers to consider:

5,938

5,446

4,869

4,563

4,461

4,200

4,150

4,862

These numbers represent the FBI’s figures on the annual number of reported religiously, racially, and ethnically motivated hate crimes in the United States in the year 2005, and then annually from 2010 through 2016. The FBI won’t be reporting its 2017 results for at least a few more weeks, but these statistics indicate that the incidence of such transgressions has been falling recently, not rising. (I chose these years assuming that, by 2005, much post-September 11 anti-Muslim and anti-Middle Easterner sentiment had cooled, and then listed annual numbers in 2010 because that’s our last beginning of a decade.)

It’s true that there’s been a major rebound between 2015 and 2016, and that Mr. Trump declared his presidential candidacy in June, 2015. So maybe that accounts for the increase? Possibly. But then how to explain the considerably higher numbers in 2005 and 2010 – and the slightly higher number in 2011? Were dog whistlers occupying the Oval Office then?

Blame-Trump efforts look even weaker when the makeup of the 2015-16 increase is examined. Here are those data, by reporting/victim group, along with the statistics for the previous year’s change, to provide some context:

percentage changes                         2014-15                   2015-16

blacks                                                -0.09                          0.86

whites                                                 7.64                        15.21

Jews                                                    6.87                       17.92

Muslims                                          107.43                       26.38

Hispanics                                           -9.26                       23.21

In other words, a case can be made that Trump rhetoric played some role in prompting a significant number of hate crimes against Jews, Muslims, and Hispanics. But the President is widely accused of being a racist, too. Why, then, was there virtually no change in the incidence of hate crimes against African Americans? The rate of increase in hate crimes against whites, moreover, nearly doubled. What’s up with that? And although the numbers of such offenses against Muslims rose strongly between 2015 and 2016, they rose at more than four times faster the previous year – in fact, more than doubling. Did more extremist bigots decide to tune in to Mr. Trump on Hispanics between 2015 and 2016, as opposed to his Muslim remarks? And if so, what could explain that development?

Saturday’s Pittsburgh synagogue shooting justifies a special focus nowadays on hate crimes committed against Jews, so here are the FBI figures for reports of such incidents for 2005, and annually between 2010 and 2016:

976

1,040

935

836

737

684

731

862

These results provide some support for claims that Mr. Trump’s emergence on the political scene inspired some of the nation’s worst anti-semites to crawl out from under their rocks. But they also show that the Jewish-focused alt-right/neo-Nazis etc were significantly less activated in 2015 and 2016 than they were in 2005 or 2010. And of course, the overall U.S. population grew during that period.

Further, it’s easy to reach similar conclusions from this list of years, starting in the twentieth century, that have seen acts of actual violence on American Jews themselves (as opposed to, e.g., synagogue vandalism or verbal harassment):

1915

1958

1960

1977

1984

1985

1986

1991

1994

1999

2000

2009

2014

2018

The source is The Atlantic Monthly; I’ve added the 2000 Pittsburgh murder that I described in yesterday’s post which the magazine for some reason omitted. Although numbers like this per se can’t convey casualty counts and other qualitative measures of lives lost or individuals wounded or fear induced, there’s no support here for the idea that American Jews should feel less safe now than ever before. In fact, the worst decades look like the 1980s and 1990s. (Keep in mind that actual casualty levels don’t necessarily reveal the virulence of an attack.)

It’s certainly possible that the FBI’s upcoming 2017 data could show a big jump in various types of reported hate crimes, and that a Trump effect will be lot clearer (depending, again, on the makeup of the increase). Until then, however, the charges that Trump-ian dog whistles are the big reason for record (at least in modern times) threats to American minorities of all or even many kinds will be sounding an awful lot like dog whistles themselves.

Im-Politic: More Fake News on Trump and Muslims

27 Monday Nov 2017

Posted by Alan Tonelson in Im-Politic

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Barack Obama, CAIR, Council on American-Islamic Relations, George W. Bush, Hamas, Holy Land Foundation, Im-Politic, Immigration, Mainstream Media, Muslims, Politico, Sally H. Jacobs, terrorism, travel ban, Trump

American’s mistrust of the Mainstream Media is so great that even the Mainstream Media is getting worried. If these reporters and editors keep turning out slanted stories like Politico‘s article yesterday reporting a growing national shortage of Muslim clerics, their trust deficit can only deepen.

The main message that author Sally H. Jacobs and the Politico staff wanted to send is stated clearly in the headline and subhead: “America is Running Out of Muslim Clerics. That’s Dangerous: How Trump’s travel ban worsened a shortage of qualified preachers – and why that’s dangerous.”

And the piece does contain several anecdotes about imams from Muslim countries invited to serve mosques in the United States being turned away during the last year by U.S. immigration authorities. Moreover, it leads off with a story about one of those congregations being unable to generate enough volunteer imams from its own ranks, ostensibly because of studies showing that violence against American Muslims has been rising since the 2016 election that put Mr. Trump in the White House.

But there are two enormous, related problems with these points – one which Jacobs and her editors don’t appear to be aware of but should have investigated further, and one they clearly are aware of (which of course is a clear indication of bias).

The problem that’s known to the Politico team is that the only big decrease in the numbers of imams permitted to enter the United States that emerges from the best data available took place under former President Obama. How do I know that this is known to Jacobs and the Politico staff? Because it’s mentioned in the article:

“In an effort to stem fraudulent applications for such visas, the number of R1s [a U.S. visa issued for temporary religious workers] issued during the Obama era declined significantly from 10,061 in 2008 to 2,771 in 2009. In the following years, though, the number rose steadily and in 2016 the government issued a total of 4,764 R1s.

“It is unclear whether or by how much those numbers have dropped during the Trump administration, as statistics for fiscal year 2017 will not be available until next year, says a U.S. State Department spokesman.”

And something else crucial should be apparent from these sentences: The reason that the Obama administration cracked down – even as the Muslim population of the United States kept rising, thereby boosting the demand for clerics – is because it perceived a phony imam problem that needed to be nipped in the bud. This problem, moreover, surely grew under the presidency of George W. Bush – who so many Never Trump-ers across the political spectrum are now portraying as a paragon of tolerance.

If only these vital points hadn’t been buried in Jacobs’ piece!

The problem that Jacobs and the Politico staff may not be aware of (but arguably should have been) is that the main hate crimes figures cited in the piece come from a source that, to put it mildly, has reputational and objectivity problems: The Council on American-Islamic Relations (CAIR).

Just one such problem: In 2009, a federal judge ruled that the U.S. government (under George W. Bush) “has produced ample evidence” to establish CAIR’s association with groups like the Holy Land Foundation (an Muslim charity convicted in the United States of funding Islamic militants) and Hamas (listed by the U.S. government as a terrorist organization since 1997).

There’s no denying that an actual or impending shortage of American Muslim clerics is an important and interesting development in its own right. And it raises the at least as important and interesting question of why Jacobs and Politico were so determined to turn a real news story into a fake news attack on President Trump?

Im-Politic: Fake Hate Group Facts from the Washington Post

24 Sunday Sep 2017

Posted by Alan Tonelson in Im-Politic

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Abha Bhattarai, ACT for America, Center for Immigration Studies, CIS, hate groups, Im-Politic, Islamic terrorism, Mainstream Media, Mark Krikorian, Muslims, Southern Poverty Law Center, SPLC, terrorism, The Los Angeles Times, Washington Post

What on earth gives with journalists at the Washington Post? Both editors and reporters alike? I ask this because of the outrageous headline in today’s edition, accompanying an equally outrageous article, sliming an organization that’s concerned about the spread of Muslim extremism and terrorism into the United States as a “hate group.”

Not that there’s anything new about mainstream news media and their staffs being dismissive about these dangers. And not that there’s anything new about these newspapers, magazines, broadcast networks, and websites using as their guide to hate groups the Southern Poverty Law Center (SPLC) – even though this organization’s definition of an anti-Muslim extremist can be wildly offbase.

What’s new, and upsetting, about this incident is that the Post itself recently published an article – by the head of the restrictivist immigration organization, the Center for Immigration Studies (CIS) – that its appearance alone (let alone the evidence it marshaled) revealed that the paper itself took most seriously the case that SPLC hate group ratings are simply biased garbage.

As noted by its Executive Director Mark Krikorian in a Post article just last March, SPLC has labeled CIS a hate group since February.  But as Krikorian also pointed out:

“CIS has testified before Congress more than 100 times over the past 20 years. We’ve also testified before the U.S. Commission on Civil Rights, and our work has been cited by the Supreme Court and the Justice Department’s Office of the Inspector General. We’ve done contract work for the Census Bureau and the Justice Department. Our director of research was selected by the National Academies of Sciences as an outside reviewer for last year’s magisterial study of the fiscal and economic impacts of immigration. Our authors include scholars at Harvard,Cornell University, Colorado State University, the University of Maryland and elsewhere. We are one of the most frequently cited sources on immigration in the media (including in The Post).”

And he sensibly concluded:

“Equating a group that has such a track record of engagement in the public policy debate with, for instance, the Holy Nation of Odin has nothing to do with warning the public of ‘hate.’ The SPLC’s true purpose can only be to deprive the American people of points of view they need to hear to make informed and intelligent collective decisions.”

Yet this morning, just six months later, a Post headline declared that “Marriott says it will not cancel conference hosted by anti-Muslim hate group.” In other words, this development was portrayed as a fact. But in the third paragraph, reporter Abha Bhattarai (and clearly her editors) show that the paramount basis for this description was that same Southern Policy Law Center.

Now the group so labeled – ACT for America – is completely separate from Krikorian’s CIS. Here’s how it describes it purpose:

“ACT for America educates citizens and elected officials to impact public policy and protect America from terrorism. As a result, ACT’s grassroots network has driven the education process toward the successful passage of 84 bills in 32 states. ACT for America is continuing to expand its nationwide volunteer network that trains citizens to recognize and help prevent criminal activity and terrorism in the United States while preserving civil liberties protected by the United States Constitution.”

Bhattarai attempted to buttress the SPLC’s finding by reporting that ACT was

“behind anti-Muslim demonstrations across the country this summer that attracted white supremacist groups.

“‘I don’t believe in having Muslims in the United States,’ Francisco Rivera, of the white supremacist group Vanguard America, said at one of the demonstrations.

“‘Their culture is incompatible with ours.’”

Sounds like guilt by association to me. Moreover, there are reasons to view Bhattarai’s verbal brush as excessively broad in a more fundamental sense. Here’s how another big national news organization, The Los Angeles Times, depicted these activities. ACT, it stated, “has supported President Trump’s restrictions on refugees and travel from Muslim-majority countries. It organized protests throughout the country this summer against sharia law, which the group says is incompatible with Western culture.”

That appears to be much more precise — and less damning — phrasing. And I’m inclined to trust in it because the Times handled the headline for its version of this story properly, too:

“Marriott won’t cancel convention of what critics call anti-Muslim hate group.”

So the Times, unlike the Post, seems to understand the difference between a fact and an opinion. But the Post‘s failure in this regard is even less excusable because it had recently run material casting major doubt on the SPLC’s bona fides. In other words, it seems that its own reporters and editors don’t read a lot of what the Post produces. Maybe the rest of us should take this as a hint?

Im-Politic: Trump’s Victory Lap after Supreme Court Travel Ban Ruling Looks Premature

29 Thursday Jun 2017

Posted by Alan Tonelson in Uncategorized

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border security, Constitution, Im-Politic, Muslims, refugees, Supreme Court, travel ban, Trump

President Trump has called the Supreme Court’s ruling Monday on the second version of his travel ban a major triumph for his anti-terrorism and homeland security policies. Having read the decision, I’m a lot less sure. Moreover, it looks like the administration’s policymakers might have undercut some important principles that their lawyers had originally asserted.

First of all, it needs to be remembered that the Court specified that its reasoning in this decision was not based on the same criteria that would be used for a final ruling. Why not? Because, as it explained, it was being asked by the Trump administration to stay an injunction from lower courts preventing enforcement of the key ban provisions. In plain English, the Supremes were responding to an administration request to suspend temporarily lower court orders (injunctions) that blocked the federal government from putting into effect the revised Executive Order on the subject, and a majority of the justices agreed to do so – in part.

According to the majority, this ruling was tailored precisely to standards it considered appropriate for stay orders. It further explained that these standards were close to the already relatively low bar it found needed to be met for granting plaintiffs’ requests for injunctions. When the Court decides the final case, these Justices explained, it will rely on somewhat different legal standards and considerations.

That sounds reasonable enough. But I fear that an especially dangerous conclusion the Court arrived at could well find its way into that final ruling, and it has to do with the President’s ability to keep out of the country travelers or refugees (whose applications were also suspended by the Executive Order, and whose entry quotas were reduced) who are judged to have some significant connection with persons or institutions in the United States.

Simply put – and again, by the standards it set forth for stay decisions – the Justices held that the government has great authority (it didn’t specify how much) to control entry into the United States when the traveler or the applicant “lacks any bona fide relationship with a person or entity in the United States.” But when the traveler or applicant has such a “bona fide some connection to this country,” the government’s control over the border is significantly qualified.

The Court didn’t define “bona fide” either, but the examples it used from the lower court decisions (on whose behalf the travel ban legal challenges were pursued) include the mother-in-law of a citizen, the wife of a legal permanent resident, and students from the six countries covered by the proposed ban who were admitted to the University of Hawaii. The Court’s rationale? Barring the admission of such would-be travelers or refugees even temporarily (remember – the Trump proposals call for 90-day suspensions for travel from the six, and a 120-day suspension of refugee admissions) would “harm” the interests of the plaintiffs (the son-in-law, the husband, the students, the university) to such a degree that this harm outweighs both the government’s right to control the country’ borders and “the overall public interest” (the decision-making framework it specified for stay orders in this field).

Again, the Justices said they would use different standards, and weigh the competing considerations, in a different way in their final ruling. But the above certainly suggests that at least some of those in the majority aren’t terribly receptive to the idea, originally advanced by the administration, that the president – as the relevant statute says – without exception can “suspend the entry of all aliens or any class of aliens” to the United States “whenever [he or she] finds that the entry of any aliens or of any class of aliens…would be detrimental to the interests of the United States.”

Now it may seem entirely understandable to ask how admitting into the country someone’s wife or mother-in-law could endanger national security. Let’s leave aside the question of when in U.S. history judges won the right to question what are inevitably judgment calls in the conduct of foreign and defense policy (which the Court’s ruling didn’t broach directly). Let’s also remember that the final decision will reflect a different set of legal and other factors.

What’s still odd, however, about this argument is that one of the seminal justifications for a U.S.-style legal system is that prioritizing process in considered the best way to ensure the greatest number of just outcomes. In this stay ruling, the majority seems to be saying that the Executive Order’s legitimacy could be in jeopardy because it has simply he has “burdened” certain individuals. Further, we’re not talking about lawsuits that affect mere handfuls of people on either side. Although it’s “only” a stay decision, an anti-travel ban ruling could endanger the entire country (precisely because national security is involved). Don’t such stakes deserve special attention?

And here’s the kicker: In arguing for their focus on specific individuals and their misfortunes, the majority was able to cite the Trump administration’s own decision to mollify critics of the original travel ban by including in the second version “a case-by-case waiver system pri­marily for the benefit of individuals” who do claim “bona fide connections to Americans or American entities.” So that train could well have left the station legally.

How much better for the administration to have held firm at least for the brief durations of their travel ban and refugee suspension, and then having its unfettered authority to regulate these flows affirmed, voluntarily included a review or appeals process in its longer-term programs.

Presumably because issuing a stay order depends on such a specific set of criteria, and because judges generally prefer to decide cases on the narrowest possible grounds, this latest travel ban judicial decision failed to deal in explicitly and in detail not only with several major issues raised by the Executive Order and the challenges it has generated.

As indicated above, the ruling did not address the extent to which (if any) courts can challenge presidential foreign policy judgments where expressly Constitutional questions over defined governmental responsibilities (such as war-making power) do not arise. It also only glancingly referred to claims that the second Executive Order unconstitutionally discriminates against Muslims as such (violating their religious freedoms), and the related issue of whether a politicians’ campaign statements, including those made as a private citizens, represent valid evidence of a policy’s intent.

But when it comes to immigration- and refugee-related issues, some Justices in at least one recent case has acted in a disturbingly political and frankly ditzy way – equating lying on an immigration form about a spouse’s involvement in war crimes with lying on that form about a speeding ticket. (This case is still up in the air.) Sadly, given the rancor and division that’s infected so much of America’s public life, there’s no guarantee that the Court will keep its head any better. on the Trump Executive Orders.

Im-Politic: More Illegal Immigration Coddling from the Washington Post

25 Sunday Jun 2017

Posted by Alan Tonelson in Uncategorized

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Associated Press, crime, Darwin Martinez Torres, detainers, Germantown, hate crimes, illegal immigrants, Im-Politic, Immigration and Customs Enforcement, Maryland, Montgomery County, Muslims, Nabra Hassanen, Northern Virginia, Rockville, The Washington Post

Hard as it is to believe, The Washington Post news department’s coddling of illegal immigrants looks to have passed a new milestone. On April, I explained how the paper’s news editors and reporters (not the opinion folks) apparently have decided that drunk driving isn’t a serious crime when the guilty are living in the United States illegally.

This past week, the Post has acted conspicuously determined to ignore crucial questions of suspected criminals’ immigration status when they threaten to ruin or even complicate another prized narrative – that Muslim Americans are being victimized by a record surge in hate crimes prompted by irrational fears of Islamic terrorists stoked cynically by politicians like President Trump. Such journalistic selectivity is bound to intensify questions about the legality of any Americans of Hispanic heritage arrested for crimes, both when they’re justified and when they’re not.

There’s an alternative explanation for the paper’s behavior that’s comparably disturbing: In an effort to calm public fears about the public safety risks created by indulgent immigration policies, it’s been trying to sweep such immigration questions under the rug because it did report the status of two Hispanic teenage immigrants just a month before, when they were charged with a rape at a high school in the area. In early May, the charges were dropped, seeming to vindicate allegations that immigration policy critics had been using the case to demagogue their cause.      

The latest crime in question was the abominable killing of an Muslim teenage girl from the Virginia suburbs early last Sunday morning. The story quickly attracted national attention, and the Post‘s early coverage demonstrated the obvious reason: The local police seemed determined to classify the murder as an instance of road rage, while many in the local Islamic community — including the victim’s family — along with others insisted that it amounted to the latest hate crime committed against innocent Muslim Americans.

As the Post pointedly reminded readers in its report on Monday:

“Police said Monday they aren’t investigating the death as a hate crime, but the issue was on the minds of many Muslims on Sunday.

“Last month, two men on a Portland train were stabbed and killed after they intervened to protect two girls who were being harassed with anti-Muslim threats, according to authorities.

“Sunday night, a van struck a crowd of pedestrians, including worshipers leaving a pair of mosques in London. Witnesses said the pedestrians were struck as they departed late-night prayers.

“The ADAMS Center [victim Nabra Hassanen’s mosque] has a paid armed security guard at the Sterling site, according to [Arsalan Iftkhar, an “international human rights lawyer and commentator” who attended services at the mosque]. He said many mosques have increased security since six Muslim worshipers were killed at a mosque in Quebec earlier this year.

“Sunday night, a van struck a crowd of pedestrians, including worshipers leaving a pair of mosques in London. Witnesses said the pedestrians were struck as they departed late-night prayers.

“The ADAMS Center has a paid armed security guard at the Sterling site, according to Iftikhar. He said many mosques have increased security since six Muslim worshipers were killed at a mosque in Quebec earlier this year.”

And this focus on the hate crimes charge continued through the Post‘s last comprehensive coverage of the murder, on Wednesday.

But from the start, one crucial aspect of the murder appeared to be undermining claims that animus against Muslims was the suspect’s motivation – an aspect oddly neglected by the Post. As the paper specified from the outset, he was a young Hispanic-surnamed male – Darwin Martinez Torres. But nothing else about him was reported.

That may not sound suspicious to someone unfamiliar with that part of northern Virginia – or even worth writing about at all. But Sterling and environs have long hosted a large population of illegal immigrants. The offense in question was unmistakably felonious and abhorrent, not some trifle. So there are valid public safety issues involved, with large numbers of Americans understandably wanting to what kinds of individuals their leaders have – knowingly – welcomed into their country and their neighborhoods.

Moreover, a Post update later that day offered evidence suggesting Torres’ illegal status: U.S. immigration authorities had requested that local officials put a “detainer” on him – meaning that they were looking into deportation. Now on the one hand, the federal government can place detainers on and deport legal immigrants as well as illegal. But on the other hand, that decision should have raised a red flag with the Post right away, and the question could have been answered with little effort. But no one on the team of reporters assigned the story by the paper seems to have pursued the matter. The hate crimes issue and related concerns voiced nationally about American Muslims’ safety clearly were their top priorities.

As early as Monday, however, it was clear that Martinez’ immigration status was indeed in doubt with the authorities. The Associated Press reported that day that they determined he is “a citizen of El Salvador and there’s probable cause to believe he lacks permission to be in the U.S.”

But even though this AP report appears on the Post‘s website, it prompted no investigation of Torres’ status by the paper itself, either.

Moreover, on Tuesday, a U.S. Immigration and Customs Enforcement (ICE) spokesperson announced that Torres is in the United States illegally. Readers of the The New York Times, FoxNews.com, The Daily Caller, and CNN received this information. But nearly a week later, the Post staff itself still has not mentioned it. Neither, weirdly, has the Associated Press – but it’s not the Washington, D.C. area’s leading news organization.

Sadly, this journalistic inevitably raises the question of whether the Post has decided to cover up the legal status of other Hispanic Americans arrested for crimes. For example, also earlier this month, two Germantown, Maryland high school students were murdered on the eve of their graduation. The trio arrested? Jose Canales-Yanez, Edgar Garcia-Gaona, and his brother Roger Garcia. Any mention of their immigration status in the Post coverage? Nope.

But like Sterling, the Germantown area is home to many illegal immigrants, as well as a center of violence from criminal gangs whose crimes are becoming ever more brutal and that are often extensions of similar organizations in Central America. The police force of surrounding Montgomery County has not ruled out a gang angle, and according to Help Save Maryland, an organization favoring stricter immigration controls and enforcement, a photo of one of the suspects reveals a form of tattoo often sported by Central American gang members.  

It’s true that Montgomery police chief Thomas Manger has stated that “to my knowledge, there were no ICE detainers filed in those cases” resulting from some of the suspects’ previous arrests.” But it’s also true that Montgomery County has declared itself to be a safe haven for immigrants – if not an out-and-out sanctuary city – and that Manger has dutifully declared that it’s not his job to determine anyone’s immigration status.

Curiously, moreover, Post reporters and editors were decidedly more aggressive in March, when two Hispanic teenagers, including a minor, were accused of raping a younger schoolmate at Rockville High School in Rockville, Maryland — also in Montgomery County.  The paper’s first article on the incident prominently mentioned that Henry E. Sanchez “a native of Guatemala who arrived in the United States about seven months ago, has a pending ‘alien removal’ case against him, court officials said Friday. ‘He is a substantial flight risk,’ Montgomery County Assistant States Attorney Rebecca MacVittie said in court Friday.

“[Jose O.] Montano has been in the United States for about eight months, MacVittie said. Details about Sanchez’s removal case, or Montano’s immigration status, couldn’t immediately be learned Friday.”

Moreover, the Post‘s own reporting several days later contend that both suspects “were among tens of thousands of young people who crossed the U.S.-Mexico border illegally in 2016.” Prosecutors dropped the rape charges against the pair in early May. Was the paper’s much more restrained coverage of immigration issues in the two, more recent, murder cases an attempt to keep anti-immigration sentiment in the public under control?    

It’s vitally important to be clear here. As suggested immediately above, I believe that many municipalities and states are ignoring their responsibilities to help the federal government enforce immigration law. But insisting that the Post inquire about the immigration status of criminal suspects is completely different from insisting that state and local governments, whose immigration law enforcement responsibilities are limited and reactive, proactively publicize the immigration status of criminal suspects.

It’s also completely different from insisting that the federal government, whose immigration law responsibilities are extensive and often proactive, seek out and publicize this information whenever an arrest is made by any level of government, even for serious infractions (although I’m leaning strongly in this direction, given the nation’s enormous and possibly still growing population of illegals).

Instead, insisting that the Post and the rest of the media at least seek this information simply entails insisting that they play their proper role as watchdogs of democracy – pressing for accountability for wielders of public and private power, and letting the chips fall where they may.

Viewed from a different perspective, the government at all levels enjoys certain established authority to keep information from the public for various, highly specific reasons – e.g., to protect national security or safeguard Constitutionally guaranteed privacy rights. In order to help ensure that this authority is not abused, the media’s job is to release whatever information it can procure, with certain exceptions that it generally has complied with voluntarily (e.g., protecting information whose exposure would immediately threaten national security and/or the lives of military and intelligence personnel whose lives literally are on the line, or the privacy of minors). When disputes arise over where these respective lines should be drawn, the judiciary steps in to try to provide the answer.

At least since the era of Watergate and the Pentagon Papers, the Post has epitomized a national media that understands these distinctions and acts accordingly. Does it now believe that, for reasons it has yet to explain, that its coverage of illegal immigration is an exception?

 

Following Up: Britain’s May is Moving – Though Too Slowly – to Define the Real Terrorism Problem

05 Monday Jun 2017

Posted by Alan Tonelson in Following Up

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Barack Obama, Following Up, Islam, Islamism, London Bridge attacks, Manchester bombing, multiculturalism, Muslims, Susan Rice, terrorism, terrorists, Theresa May, This Week with George Stephanopoulos, travel ban, Trump, United Kingdom

British Prime Minister Theresa May’s remarks following Saturday night’s London Bridge attacks include one of the most forthright, perceptive, and necessary statements from an international leader (excepting President Trump) about the difficulties free societies face in combating terrorist acts committed by Muslims.

Specifically, these comments appear to recognize that these abominations are not simply the product of individuals having nothing whatever to do with their co-religionists, or with the supposedly peaceful, law-abiding, thoroughly assimilated – in other words, utterly unexceptional – communities they comprise. That is, May has closely approached stating that something is decidedly, and often dangerously, abnormal in too many of the Islamic neighborhoods and congregations found in the non-Islamic world, and particularly in the United Kingdom and in the rest of Europe.

As the Prime Minister declared, “While we have made significant progress in recent years, there is – to be frank – far too much tolerance of [Islamist extremism] in our country. So we need to become far more robust in identifying it and stamping it out – across the public sector and across society. That will require some difficult and often embarrassing conversations, but the whole of our country needs to come together to take on this extremism – and we need to live our lives not in a series of separated, segregated communities but as one truly United Kingdom.”

That last clause is extraordinarily important. As I wrote in the wake of last month’s suicide bombing in Manchester, the United Kingdom has officially glorified multiculturalism to such a degree that it has encouraged in many ways the emergence of Muslim population clusters with considerable degrees of autonomy from even the legal system – let alone the values – that holds in the rest of the country.  

May unmistakably has now attacked those policies, and by extension the assumption behind them:  that many of the core teachings of Islam are no better and no worse than those developed in the British Isles throughout their long history. They are simply different. As a result, if certain Muslims living in Britain wish, say, to govern family life with the precepts of their faith rather than British law, they should enjoy ample freedom to do so. Indeed, denying them these rights in the absence of clear and present dangers to – to what, it’s not entirely clear; certainly not the freedoms enjoyed in Britain by other individuals, like women – would be the antithesis of liberty and tolerance.

Yesterday, May strongly suggested that in practice, this segregation has created major dangers at least to national security and public order. And she deserves immense credit for recognizing that, however “difficult and embarrassing” pluralistic democracies like her country may find creating a more united United Kingdom, a concerted effort must not only be made – it must succeed.

Nevertheless, I worry that May herself is still a bit too embarrassed to identify the main problem. For along with describing the enemy belief system as “Islamist,” she also insisted that “It is an ideology that is a perversion of Islam.” Which, if you view as legitimate her alarm at segregated Muslim communities, is a little too neat.

After all, if extremist Islamism indeed “perverts” Islam, presumably this offense would be readily apparent to the vast majority of Muslims themselves. And not only would these segregated communities refuse to tolerate it, and be joining with the national authorities in “identifying it and stamping it out” (May’s own words, as per above). An outraged Muslim majority would be taking the lead in these matters.

But nothing could be more obvious than the general failure of Muslims anywhere to fit this description. Instead, as the Prime Minister herself complains, there has been “too much tolerance,” and the most dangerous manifestations are in those communities whose segregated nature produces Islam in a form relatively un-polluted by British and other non-Islamic values (whatever you suppose them to be).

So May has a ways to go before the clarification of thought that necessarily precedes any course of action with a reasonable hope for success. But she’s clearly much further along than much of the American leadership class. Take Susan E. Rice, national security adviser to former President Obama. On ABC’s This Week with George Stephanopoulos, she was asked about President Trump’s proposal to suspend travel to the United States from a handful of majority Muslim countries that the Obama administration itself viewed as either overrun with terrorists or ruled by terrorist-sponsoring regimes. She explained her continued opposition (which is also shared by her former boss) in part this way:

“[I] think there’s a very real risk that by stigmatizing and isolating Muslims from particular countries and Muslims in general that we alienate the very communities here in the United States whose cooperation we most need to detect and prevent these homegrown extremists from being able to carry out the attacks.”

Leave aside your views on the travel ban proposal for or against. First of all, I’ve never been comfortable with the suggestion just made above (and by so many others) that there’s something fundamentally acceptable about residents of the United States (and especially citizens) conditioning their cooperation with law enforcement authorities that are combating violence on whether or not they feel stigmatized in some way by Washington, or any level of government. Are you? And remember – nearly all Muslims resident in the United States live here legally, so it’s not as if they need fear deportation like so many illegal Hispanic residents, or Hispanics here legally here with illegal friends or relatives.

But more important is Rice’s obliviousness to a glaringly obvious implication of her statement: Why, in the first place, are Muslim communities “the very communities here in the United States whose cooperation we most need to detect and prevent…homegrown extremists from being able to carry out the attacks”? It’s because so many of the actual attackers and attacker wanna-bes are coming from those communities. Obviously something about them has gone seriously wrong.

I’m not saying I know exactly what needs to be done domestically on top of existing efforts, and how new programs can be squared with essential Constitutional protections. It’s also clear that the United States doesn’t have the kind of related assimilation-segregated communities problems plaguing the United Kingdom and so much of Europe. But I do know that the more solidly the more extreme versions of multiculturalism take root in America, the larger these problems will grow. And the sooner the British more explicitly acknowledge major problems among their compatriots who practice mainstream Islam, the faster they’ll restore acceptable levels of safety to their concert halls, historic bridges, and the rest of their country.

Im-Politic: Manchester and the Wages of Multiculturalism

23 Tuesday May 2017

Posted by Alan Tonelson in Im-Politic

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assimilation, Christopher Hitchens, Democratic Party, homegrown terrorists, Im-Politic, immigrants, Islam, London, Londonistan, Manchester bombing, multiculturalism, Muslims, New Labour, Saudi Arabia, Sharia, terrorism, Tony Blair, United Kingdom

The aftermath of the horrific Manchester bombing is seeing the reappearance of a familiar pattern that keeps dangerously muddling major issues. I’m talking about the tendency to emphasize that the suspect was a “homegrown” terrorist, not an immigrant or a refugee from a majority Muslim country. Therefore, this reasoning goes, responses that emphasize restricting immigration from such countries are at best misguided and at worst bigoted. The latter charge has even become a mainstay of the U.S. judicial system.

The dangers and fallacies of this analysis become clear upon reviewing the emergence of the United Kingdom as a major target of terrorist attacks from Muslim extremists and a major source of foreign fighters and other operatives in the Middle East and worldwide for Al Qaeda and ISIS. If these terrorists aren’t newcomers to the UK, you can be sure they were overwhelmingly homegrown in the country’s Muslim immigrant communities. And their numbers and destructiveness point to shocking British failures both to control the country’s borders adequately and to assimilate Muslims safely. More specifically, they reveal the perils of the British government’s determination starting in the 1980s, and especially in the 1990s, to make the establishment of an identity politics focused on Muslims a top national priority.

Spearheaded by former Prime Minister Tony Blair and his New Labour party, London dealt with the country’s Muslims as a group with official standing, represented in government councils by a national organization created to “represent mainstream Muslim opinion.” It provided safe haven for prominent jihadists wanted for terrorism by countries like Jordan and France. It permitted a network of Islamic religious law (sharia) courts to spread across the country and formally recognized some rulings involving divorce and other domestic issues. Perhaps most damaging in the long term, it offered “state funding for Muslim schools on the same basis as Christian and Jewish schools” and paid no attention to their curricula – many of which were developed by arch-fundamentalists from Saudi Arabia.

Among the results? As the British government reported after 2001 riots involving white and South Asian gangs in several northern industrial towns, these localities contained

“‘separate educational arrangements, community and voluntary bodies, employment, places of worship, language, social and cultural networks,’ producing living arrangements that ‘do not seem to touch at any point.’ As one Pakistani Briton told the report’s authors, ‘When I leave this meeting with you, I will go home and not see another white face until I come back here next week.’ Last year, Trevor Phillips, chairman of the Commission for Racial Equality, warned that much of Britain was ‘sleepwalking its way toward segregation.’ And this segregation is especially entrenched among Muslims.”

In addition, “A non-Muslim child who lives in a Muslim-majority area may now find herself attending a school that requires headscarves. The idea of separate schools for separate faiths—the idea that worked so beautifully in Northern Ireland—has meant that children are encouraged to think of themselves as belonging to a distinct religious ‘community’ rather than a nation.”

In fact, by July, 2005 – in the wake of an Islamist bombing of London’s Tube that claimed 52 innocent lives – even Blair had had enough. In major speech, he warned that anyone who did not “share and support the values that sustain the British way of life,” or who incite hatred against Britain and its people, “have no place here.” But the Manchester attack, and numerous smaller predecessors over the previous twelve years, indicate that his turnabout – which by all accounts had been ambivalently implemented – came too late to slow the destructive dynamics he set in motion.

Skeptics will rightly note that the British experience is a far cry from America’s, with the U.S. Muslim community – whether immigrant or homegrown – showing many fewer signs of dangerous radicalization. At the same time, identity politics has now become such a hallmark of one of the country’s two major political parties that even many of its leaders are warning about the consequences (though mainly at the ballot box). And the late British writer Christopher Hitchens wrote of what had by that time come ruefully to be called “Londonistan” by the time of the 2005 bombing, “It‘s impossible to exaggerate how far and how fast this situation has deteriorated.”

Im-Politic: Trump Derangement Syndrome Breaking Out on the Supreme Court?

27 Thursday Apr 2017

Posted by Alan Tonelson in Uncategorized

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Balkan wars, Bosnia, citizenship, deportation, Im-Politic, Immigration, Immigration and Citizenship Services, John Roberts, Muslims, naturalization, refugees, Reuters, Serbs, Srebrenica, Stephen Breyer, Supreme Court, Trump

Question: When is serving in a military unit that’s committed horrendous war crimes the legal equivalent of getting a speeding ticket? Or absentmindedly bringing a key-chain pen knife into a government office building? Or maybe even jaywalking? Answer: When the U.S. Supreme Court nowadays is evaluating an immigration case.

Think I’m kidding? Then check out this Reuters account of a hearing held by the high court that dealt with an immigrant from Bosnia who was deported and stripped of her citizenship last October. The reason? She had lied on her application to enter the country as a refugee. Now, Divna Maslenjak is seeking to restore the status quo ante. And according to the Reuters piece, several Justices are concerned that in defending the U.S. government’s previous decision (made, mind you, under the Obama administration), President Trump’s Justice Department is laying the groundwork for revoking citizenship for false statements that had no significant influence on the original refugee decision.

Nothing intrinsically wrong with that. Everyone, for example, forgets things or gets details confused. These lapses are particularly understandable in the chaotic conditions with which most refugees struggle. Nor could any reasonable person quibble with Chief Justice John Roberts concern that the Trump administration position (even though it’s drawn straight from the U.S. Citizenship and Immigration Services’ naturalization form) could enable the government to strip citizenship from naturalized Americans for lying or for omitting information about minor legal infractions that even the most scrupulously law-abiding folks everywhere are hard-pressed to avoid completely.

As Roberts noted, “in the past he has exceeded the speed limit while driving. If immigrants failed to disclose that on a citizenship application form asking them to list any instances of breaking the law, they could later lose their citizenship, the conservative chief justice said. ‘Now you say that if I answer that question ‘no,’ 20 years after I was naturalized as a citizen, you can knock on my door and say, ‘Guess what, you’re not an American citizen after all?'”

Associate Justice Stephen Breyer, who is viewed as considerably more liberal than Roberts, agreed, “noting he had once walked into a government building with a pocketknife on his key chain in violation of the law.”

Added Breyer: “It’s, to me, rather surprising that the government of the United States thinks that Congress is interpreting this statute and wanted it interpreted in a way that would throw Into doubt the citizenship of vast percentages of all naturalized citizens.”

Fair enough. But the lie in question did not concern a speeding ticket or an innocent failure to check the contents of one’s pockets. Nor did it concern an intrinsically legal but possibly questionable act that had no important bearing on Maslenjak’s application for refugee status. In fact, it concerned a subject central to her request: Despite telling the government that, as ethnic Serbs, she and her family feared ethnic persecution by Bosnia’s Muslims, she never mentioned that, as the Reuters article reports, her husband (who had received refugee status when she did) served “in a Bosnian Serb Army brigade that participated in the notorious 1995 massacre of 8,000 Muslims in the Bosnian town of Srebrenica.” And P.S.: He lied about the matter as well.

Now it’s possible that the husband was completely uninvolved in this, or any other, atrocity (another subject about which the naturalization form inquires). It’s also possible that, whether he was complicit or not, that’s what Divna, his wife, believed. Or he simply could have lied to her. If he was innocent, he might have been afraid that the relevant American authorities simply would not have believed him. Certainly, no one could blame inhabitants of countries ruled by oppressive and/or corrupt governments for not trusting U.S. officials right off the bat.

But apparently, neither spouse has offered any such excuses. Nor did any of the Justices apparently mention them. Both the Maslenjaks and Roberts and Breyer (and possibly some of their colleagues) seem to be focused on technicalities – and perhaps the former and their lawyers are counting on the Trump administration’s “anti-immigrant” reputation and the resulting backlash to help sway the Court.

The Justices’ final decision isn’t due until late June. It could be a great test of whether they, like so much of the rest of the country, have succumbed to Trump Derangement Syndrome.

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