domain:kvetch.substack.com
Your post has many at best misleading statements and characterizations. I'll try to discuss just one I'm familiar with in some depth:
Ends “Catch and Release” and formalize the “Remain in Mexico” policy.
tl;dr: Both of these claims are simply wrong. No, it doesn't end "catch and release," i.e., quickly releasing people waiting for their immigration hearings. There is a whole section which describes catch-and-release, i.e., "non custodial removal proceedings" and funds it with billions a year under "alternatives to detention" expansion. Not only does it not end it, it mandates supervision under "alternatives to detention" in situations like an adult border migrant who meets initial screening criteria. And it doesn't even actually require "alternative to detention" supervision either.
For context, Congress in the mid 1990s amended the Immigration and Naturalization Act to make release of people encountered at the border more difficult. Border migrants were detained unless there was a specific showing on an individual basis their release was necessary due to "urgent humanitarian reasons or any significant public benefit" which historically going back decades meant a high bar almost all would fail to meet. Border patrol encountering border migrants had two options; normal removal proceedings or an expedited removal process. Border migrants in either process were to be detained until their hearing, unless they met the strict requirements for release waiting for their process. Trump enforced this strict requirement for release in the US (release on parole) or they could be released and away the removal process outside the country (remain in Mexico). This policy under current law was upheld.
The Biden administration in July 2021 decided to issue an order which essentially required the border patrol to release border migrants under section 212(d)(5)(A) of the Immigration and Naturalization Act (which they did within ~15-30 minutes, see Florida v. US). "Urgent humanitarian reasons or any significant public benefit" meant almost all migrants would now qualify for release. Florida sued and won, the policy was knocked down. The Biden administration came out with a nearly identical policy two months later. Florida sued and won. This went up on appeal and was affirmed at the circuit level. The Biden admin continued along with essentially the same policy and same result anyway.
So, let's move on to this bill. The bill expands release on parole under the expedited removal process. It adds new categories, it adds new discretionary authority to the DHS secretary, it makes "urgent humanitarian reason" into an essentially subjective criteria of the DHS secretary. Instead of formalizing the strict language which was used for decades, it sets out that precedent as its own exception and then adds discretionary authority to the secretary of the DHS to determine what that separate vague language means (a DHS which has argued in court that climate change may satisfy this language). It doesn't even close the one "catch and release" door the Biden admin is currently abusing!
The most damning part for any claim the bill ends "Catch and Release" is that it adds a (b) subsection to section 235 which creates "Provisional Noncustodial Removal Proceedings." Under 235 (b), the DHS Secretary has broad discretion based on undefined "operational circumstances" to require any migrant making an asylum claim to go through this process and mandate release. Unlike the expedited removal proceeding under current law which mandates detention of most asylum claimants, 235 (b) mandates noncustodial supervision under the expanded "alternatives to detention" program which means they will be released. And even then, "alternatives to detention" supervision is not actually mandatory either! The bill allows mandatory release of any border migrant under 235(b) for up to 90 days before any determination whatsoever is completed (currently, the CBP is required to perform an asylum screen before any action is taken). It still gets worse! Any border migrant who failed to be given a "protection determination" within 90 days - there are over 1,000,000 cases on backlog for just initial "fear" screenings before AOs right now - are released and eligible for work permits immediately, and automatically passed on to end review. Wow! This subsection essentially codifies broad swathes of the Biden administration "Asylum Officer" regulatory scheme which is currently in court and likely to lose also.
It is honestly ridiculous to claim this "Ends 'Catch and Release.'" It does no such thing; a hostile administration will not only not be required to stop catch and release, but they're given new tools to justify catching and releasing any migrant found on the border and even mandate it in certain situations!
If you want to argue otherwise, please tell me the exact part of the bill which actually forces a hostile administration, one which has for years ignored court rulings by making slight changes to catch-and-release policies, to stop releasing border migrants into the United States? "We're not doing catch and release, we catch them and then quickly release them under an expanded program which releases them but under government supervision, but also we don't have to do that either" isn't ending catch and release.
The only way this bill ends "catch and release" under a hostile administration is that the Asylum Officers stamp "approved" on every asylum claim and let out the new residents with automatic work permits into the United States.
Trump swoops in
One, illegally allow in tens of millions of people into the United States; two, trick the (hopefully) absolute morons in the GOP to pass a "compromise bill" which allows a hostile administration to staff a army of bureaucrats which can more quickly adjudicate asylum claims under a "more strict" standard (it's really not) than one which could be adopted by executive fiat and then quickly stamp "approved" on large percentages of the illegally released people who now get automatic work permits. And it would have worked if it wasn't for that stupid Trump who is just so bad, doesn't care about immigration or the country, and opposes it because he just doesn't want Biden to get a win. And thank God for that.
Passing that bill would have been unfathomably stupid strategy to reduce illegals and unfathomably stupid politics at the same time. GOP voters and supporters will recognize this bill as a deep betrayal and failure and will refuse to show up in the 2024 election guaranteeing a Trump loss as well as losses in the House and Senate. It also gives your opposition a win on their worst subject and gives slight truth to media mouthpieces to claim Democrats addressed their worst subject. "Well, I tried" but am still horribly failing and polling about the topic is horrible is in fact much worse than "I got landmark immigration bill through Congress" in terms of electoral strategy.
This bill is so unfathomably stupid and/or duplicitous, I wouldn't be surprised if it actually did come from the desk of a GOP Senator. Yet another example of "is the GOP this dumb or this smart?"
2D3D
1d ago
SEX AND THE BIG CITY
or
THE LAST UNINVADEABLE THIRD SPACE
In the digital age of escorts on demand and cheap flights to indulge in sex tourism, why would adult entertainment venues that offer sex-adjacent services persist, when one can get your rocks off for a much cheaper price? In observed practice within Asia, these venues exist not for booze and girls, but for establishing membership in the brotherhood: you are in our world now, and the initiation is sin.
This came about after I made a post about the adult entertainment scene in Singapore in a necro'ed thread when I saw @Pasha complain about the lack of visible seediness in one of Singapores premier red light districts. Details about the mechanics therein can be found here for context and to provide a primer for my below.
https://www.themotte.org/post/981/smallscale-question-sunday-for-april-28/211124?context=8#context
So what is this brotherhood mentioned up top? Basically it can be summed up as 'I need to know you will not fuck me over when push comes to shove'. This is perhaps foreign to professionalised pseudoacademics where people are best experienced as minimizeable windows on a zoom call, but in professions relating to physical goods and services, human trust is a shorthand for task success: better to get shit done with someone you know has your back than to waste tims searching for the MBA approved 'best fit'.
This is not limited to physical tradespeople like laborers and soldiers, but includes B2B sales professionals, commodity traders, shipbrokers, construction/civil engineering. In these environments, decision makers responsible for multi million dollar trades and projects care less about saving a rounding errors worth of marginal savings in favor of knowing who to yell at when shit goes tits up.
In the KTVs and Indian Dance Clubs and Thai Discos in Singapore, the patrons are often groups of men, usually professionals in the same cluster. Oil traders and refinery site managers, construction project managers and engineers with their lawyers and bankers, shipbrokers with agents. The booze and the women show up, the mens wallets open up, but more importantly their mouths open too. Industry gossip is adjacent to insider activity, and being part of these networks gives incredible insight into the movements and activities of not just the people in that group you are with but those groups they are part of as well. By joining or initiating these activities, an opportunity is presented to quickly establish a bond with the other men present, to immediately let it he known that you can be called upon when needed. There is incredible power to be had when you are one of the first names on the tips of powerful peoples fingers, and for many punters a successful night is not when your dick gets wet but when you get the phone number of a useful contact.
So why the sex revue? Well it is because of the steady decline of third spaces that have been invaded by credentialed professionals, especially women, who dislike legacy networks that are impenetrable. There are legit professional reasons for this, such as contravening of KYC protocols or tender processes, but for the most part the dislike of legacy networks stems from jealousy. There are plenty of women who have successfully entered halls of power, especially in Thailand and Hong Kong where female scions are groomed for succession by their fathers, but for the most part a lack of trust in these women to bother with handshake agreements leads to their exclusion from networks of power. Thus, the networks must be dismantled as much as possible, starting with removing the exclusivity of their assembly grounds. Male only social clubs have steadily been eroded to be female inclusive, from the Knights of Columbus to Freemasons, and other threads have highlighted youth organizations being the starting point of this rot, with the Boy Scouts being mixed gender while girl scouts remain female exclusive. Whatever organizational benefit there is to opening up the genders, it does mean there are less third spaces for men to discuss the ongoings of power.
Therefore, the last venue is the strip club, the sauna, the banya, the KTV. The men say they are going there to be sexual degenerates, and many often are purely socially retarded men seeking base human interactions, but the true sustenance of these places is being the third place that women have zero interest in demeaning themselves to enter. That alone will ensure their continued presence even as the world gets continually anonymized into the homogenous digital soup: the last bastions of human connections will concentrate under the pressure, hardening its borders to continual external forces till they are fully impenetrable.
DradisPing
5d ago
The Muslim Ban was rejected by courts twice, and only a watered down version passed on the third attempt.
I think you're missing key info on the legal fight here. You're presuming the courts are some neutral arbiter here, but there was major forum shopping. All three versions were before the same judge in Hawaii who issued injunctions blocking all three. The judge was a personal friend of Obama an Obama flew out and had lunch with him after he was assigned the case. The 9th wasn't going to overturn so it was blocked until it got to the SCOTUS.
Immigration hawks noticed this and decided that they could forum shop too. So the lawsuits against Biden's policies were all filed in Red friendly districts.
Which goes back to a key point of the bill you left out. All lawsuits would need to be filed in the notoriously politically corrupt DC courts. Future Republican Presidents would likely be blocked from ever using the Border Emergency Authority. All new asylum requirements would be watered down as too strict.
The_Nybbler
Does not have a yacht
5d ago
The use of the classified cover sheets in that photo does many things
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It provides a lot more visual impact than just classified documents with markings.
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It gives the impression that it would be obvious to anyone who casually looked in the box that it had classified documents. This is important because "knowingly" is an element of some of the charges.
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It effectively substitutes the FBI's CLAIM that the documents were classified for the actual evidence of classification.
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Since the classification markings on the pre-printed cover sheets didn't have to match those on the documents, it provided the impression that the documents had perhaps a higher classification level than they did. For instance, the NPR story claimed one of the cover sheets said "UP TO HCS-P/SI/TK", leading them to believe Trump had documents related to HUMINT. I thought at the time this was odd, you don't put "UP TO" on your caveats. But it makes perfect sense for a placeholder that might be used for a wide range of documents you might find. And given that, there might well have been no HUMINT at all; the placeholder is not evidence.
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Since the narrative accompanying the photo in court filings did not reveal that the cover sheets were added by the FBI, it constitutes an attempt to prejudice and/or mislead the court (as well as the public)
The_Nybbler
Does not have a yacht
6d ago
In case there's any question left about the press's lack of objectivity, the CNN article you cited -- article, not editorial, not column -- contains this bit:
The move by Cannon is a significant win for the presumptive 2024 Republican presidential nominee. The proceeding will give Trump and his attorneys a platform to air unfounded theories about the prosecution, including the accusation that it is politically motivated.
popocatepetl
1d ago
Social analysis of the bear-or-man meme is a waste of neurons. The initial poll showed very-online urban women did not know bears were at all dangerous. After that, all discourse has been a toxoplasma of gender war signaling — feminists get to signal how super-duper-extra they condemn men with a cherry on top, while anti-feminists get to grandstand about how stupid and man-hating women are.
There's nothing else to it.
The_Nybbler
Does not have a yacht
6d ago
Departments will tend towards policies that let them do it, like stacking all the product in one spot. But does that make the drug bust illegitimate?
If the gold-plated guns were actually props (not recovered in the bust), it at least risks poisoning the jury pool. And that photo wasn't actually just a publicity photo -- it was included in a court filing by the Justice Department, so it also IMO constitutes an attempt to prejudice the court.
The_Nybbler
Does not have a yacht
6d ago
IGI-111
God was a dream of good government.
6d ago
It's yet one more of these irregular verbs.
I defend myself.
You air unfounded theories about the prosecution.
He is held in contempt of court for raising the specter of fear for the safety of the jurors and of their loved ones.
gattsuru
5d ago
It was all boiled down to that 5000 number that you’ll see repeated over and over again in Republican criticisms of the bill. What’s worse is that this number is presented as a capitulation to Democrats rather than a ceiling on the use of a draconian new power granted in a heavily conservative bill. It’s presented as if the bill mandates open borders for the first 5000 illegal immigrants every day, and only then begins to enforce some border policies. This is so laughably, bafflingly wrong that it defies belief.
In addition to the obvious no-trust problems -- there was already wide suspicion that official numbers on undocumented crossings (aka gotaways) were underestimates before the feds had additional cause to massage them down, and there's no judicial authority to require the Border Patrol to actually do something even should they report the real numbers, there's some fun questions about how mandatory 'shall' language gets -- the proposed bill had a number of other wide ceilings to its use that your summary glosses over:
- The count only includes "encounters" "between the southwest land border ports", "between the ports of entry along the southern coastal borders", and "between the southwest land border ports of entry of the United States", where "encounter" means physical apprehension and/or seeking admission at a port of entry. Gotaways don't count.
- "Aliens described in subsection (a)(2)(C) [unaccompanied minors] from noncontiguous countries shall not be included in calculating the sum of aliens encountered."
- "If the President finds that it is in the national interest to temporarily suspend the border emergency authority, the President may direct the Secretary to suspend use of the border emergency authority on an emergency basis." [for 45 days out of a year]
- The Secretary of Homeland Security only shall activate the border emergency without review on crossing the numeric thresholds for 90 days for the first year, 75 days for the second year, and 60 days for the third year; the SHS has unreviewable authority to not activate the 'mandatory' emergency for 180/150/120 days, and may not activate it at all the remainder of those years.
- The Border Emergency's exception lists includes "An alien who an immigration officer determines, with the approval of a supervisory immigration officer, should be excepted from the border emergency authority based on the totality of the circumstances, including consideration of significant law enforcement, officer and public safety, humanitarian, and public health interests, or an alien who an immigration officer determines, in consultation with U.S. Immigration and Customs Enforcement, should be excepted from the border emergency authority due to operational considerations." [eg, just because there's a border emergency active and mandatory doesn't mean any alien must actually be handled.
- ‘‘(A) SUMMARY REMOVAL .—Notwithstanding any other provision of this Act, subject to subparagraph (B), the Secretary shall issue a summary removal order and summarily remove an alien to the country of which the alien is a subject, national, or citizen (or, in the case of an alien having no nationality, the country of the alien’s last habitual residence), or in accordance with the processes established under section 241, unless the summary removal of the alien to such country would be prejudicial to the interests of the United States. [emphasis added.]
SlowBoy
6d ago
Of course DOJ messed the case up, because there was no "obvious misconduct" without them trying to arrange it!
The new disclosures indicate the Department of Justice was in touch with the National Archives and Records Administration (NARA) during much of 2021, undermining the DOJ’s claims that it became involved in the matter only after the Archives sent it a criminal referral on February 9, 2022, based on the findings of records with “classified markings” in 15 boxes of materials Trump gave to the Archives a month prior.
https://twitter.com/julie_kelly2/status/1784226958127014361
Haphazardly fill boxes with mislabel classified information, tell the Trump team to pick them up, then accuse Trump of haphazardly storing classified information. No neutral operators, no brave civil servants executing the spirit of the law, just Biden appointees organizing more lawfare against their opponents. Take salacious pictures of Trump's classified documents on cover sheets that were brought there for the purpose, to prejudice the public against Trump, because that's the same playbook that's worked all along. (It's not like Trump colluded with Russia either.) And it's not like anybody is going to prosecute Biden or Mike Pence over classified documents either.
It’s not a great look for the prosecution. But it also has no bearing on the facts of the case.
Jack Smith had to admit that they lied, "this is inconsistent with what Government counsel previously understood and represented," about their central piece of evidence. How is the government going to prove that Trump should have known how to handle these documents when the government itself was wrong about what they were. They gave him mislabeled documents, essentially making it impossible for him to have ever handled them properly in the first place.
Well they can express that frustration all they want, so long as it's still illegal to implement the mechanisms of tradition, it's pointless.
Just recently the literal boy scouts switched to being gender neutral. This is a small symbolic final step that is but the culmination of the systematic destruction of an institution whose entire purpose was turning boys into men. Not an isolated case either, pretty much all male segregated spaces are gone, certainly most of the ones that would lend themselves to teaching.
I'm sure drunks are also frustrated with the quality of their livers. But unless they stop drinking, it's not going to get any better, however much they complain.
johnfabian
4d ago
Trump is an obese 77/78 year old. It makes sense to have a backup you'd be happy with regardless.
The Brooklyn District Attorney's website reports:
“Ghost guns are a threat to New Yorkers everywhere, and my Office is working tirelessly with our partners in law enforcement to stop their proliferation. Today’s sentence should send a message to anyone who, like this defendant, would try to evade critically important background checks and registration requirements to manufacture and stockpile these dangerous weapons. Every ghost gun we take off the street is a win for public safety.”
The District Attorney identified the defendant as Dexter Taylor, 53, of Bushwick, Brooklyn. He was sentenced today by Brooklyn Supreme Court Justice Abena Darkeh to 10 years in prison. He was convicted of two counts of second-degree criminal possession of a weapon; three counts of third-degree criminal possession of a weapon; five counts of criminal possession of a firearm; unlawful possession of pistol ammunition; and prohibition on unfinished frames or receivers on April 16, 2024, following a jury trial.
Taylor, also known as CarbonMike, was both a CTRL-Pew 3d printing enthusiast and a New Yorker, a combination that Didn't Go Well.
The specific charges and sentencing are complex, but if I'm reading matters correctly, almost all sentences run concurrently, so the headline charge about ghost guns, like the charges about possession of pistol ammunition and so on, are kinda swamped by a ten-year sentence for 'assault weapons' and for 'owning five firearms'. There are a few border issues on the text of the statutes, but there's not a ton to argue on whether Taylor complied with these statutes.
((Not least of all because many are vague or broad enough that it's very much up to the local DA to make the decision anyway.))
There's a lot to be debated about whether the laws are constitutional, but not much chance that it matters. The New York Assault Weapons Ban has been the target of prolonged lawfare since before Bruen, with the FPC currently supporting Lane after the state was getting good enough reception in Vanchoff v James about lacking credible threats of prosecution, and that's the case with the stance furthest along. Other statutes, like possession of ammunition or "ammunition feeding devices" without a matching pistol permit, are difficult to write cases to challenge before enforcement at all. Even if the statutes for each of the longer sentences are overturned, bail pending appeal is extremely unlikely. Taylor will have served most if not all of his sentence first, especially given the glacial pace that courts have set for these matters (cfe Duncan).
Taylor also makes the argument that he did not have a fair day in court, and while almost every defendant does that to some extent, his argument is unusually compelling. No few gunnies finding a pull quote from the judge allegedly claiming that "Do not bring the Second Amendment into this courtroom. It doesn’t exist here. So you can’t argue Second Amendment. This is New York." but the gameplay about objections, if honestly stated, is as bad or worse. (I'm unable to find a direct trial transcript.).
Also doesn't matter. There is a right to an impartial judge, but this mostly covers matters like giant campaign donations or hating an entire nationality or literally copying text from a party's submissions, rather than just figuratively being on the prosecutor's side. Even assuming Taylor's (and his lawyer's) summary is accurate and complete, the appeals courts don't care that lower courts hate people accused of making guns.
In some ways, Taylor might be the ideal test case: nothing in the visible court records or DA chest-beating show nefarious intent like violent personal history or planned mass shooting or intent to resell (and New York law places a presumption on multiple possession as for sale), he (was) traditionally employed, he credibly claims that he's never fired a single one of the guns, and at 52, he's aged out of the various high-criminal-risk age brackets. To beat the HBDers to the punch, he's even visibly a minority.
((To beat the HBDers with a stick, if we're framing absolutely everything as part of the progressive stack, I think there's strong evidence that the real top of the stack is whatever matches the politics today in a far more direct manner than mere race.))
Of course, the Brooklyn DA brought the case, knowing that. The judge acted like this, in this case, knowing that. And no matter how dim you might think they are, they're winning, and this know what it takes to win. Whether that's because the courts punt on serious cases because defendants fail to present long evidence of futile requests, because they credibly believe that Taylor's not Perfect Enough for the courts to actually handle or for various gun rights orgs to fund, or because even if they're wrong they'll never suffer for it, doesn't really matter. It's possible that Brooklyn DA took the case because Taylor's social media made it easier to prove, it might be that we're only gonna hear about this case out of many because of said social media, and it doesn't really matter.
There's a lot of ways to snark, in "What's the penalty for being late?" fashion, about how Taylor's non-violent noncompliance with a law has gotten a much longer sentence than nutjobs who were separately violent, or a comparable sentence to a man who literally burned another man to death on the pyre of an Approved Cause. And that's not entirely fair, because the federal system doesn't have parole and New York does, and anyway there's a million different squiggly little variables about the crimes and sentences, and there's nowhere near enough cases to make a deep statistical analysis even if I wanted to try. Gun control advocates will certainly quibble, at the edges, about whether this is really 'non-violent non-violent', since there's always the possibility of later bad acts or theft or loss or mental break.
And Taylor ain't dead yet, despite an (alleged) no-knock raid. The actuarials put decent odds on him even seeing the light of day as a free man again, parole or no. Unlike Mr. Lee, had Taylor expressed his dislike of current law enforcement with a bit what the ATF calls a destructive device through a bit of what I call a broken window, the odds would not be looking so good. But there's no magic court case, here, and no golden BB. This isn't even the strawman of a scifi writer drawing up villains who just want their laws as threats to hang over innocent men. If you are ruled by people who hate you, giving puppy-dog eyes and saying this is just a paperwork crime and no one was hurt won't buy you a cup of coffee before you get absolutely reamed in all the least fun ways, and contra a once-prolific-now-banned poster here, everyone who cares about this stuff is ruled by men who hate them.
This is what table stakes looks like.
somedude
1d ago
I'm of essentially the exact opposite opinion. The linear game has almost no reason to exist. If my input has no effect on the outcome, why is it even required? All I'm really getting is a movie, but made objectively worse by the fact that it insists upon repeating a given scene until I complete an arbitrary task.
What's the point? Is there a movie that would be improved by making me win a round of Tetris every ten minutes to stop it from rewinding? Hell, why even have death animations or other displayed failure states in a video game? After all, it's not like the protagonist being eaten by monsters or falling down a hole to their death is what "really" happens.
Those failure states exist to create the illusion of agency. No game advertises itself by telling you the princess can already be considered rescued, because that's the artistic intent, but hey you can come push buttons if you want to see it. No, they want to create at least the pretense of the player's input having consequences.
So stop with the pretense and give me the real thing. Give me actual agency and consequence. Or commit to your singular vision for the story and write a book instead.
omfalos
6d ago
What if NASA functioned like the ADA? Every company with more than 50 employees could be made legally liable for failure to launch probes into space to explore the Solar System. The law could be enforced by lawsuits against companies that have "workplaces hostile to space exploration" because they skimp on how many probes they launch.
johnfabian
5d ago
Short attempt to explain an upcoming Canadian constitutional snafu
I'll try for brevity here. If you see any Canadian news showing up in your feed you might be aware there's been some wrangling over the "Notwithstanding Clause." This is the clause in the Canadian constitution that essentially allows the invoker (either a provincial government or the feds) to override court challenges to legislation except for stuff related to the basic functioning of democracy (like how elections are conducted). Outside of Québec the NWC has rarely been used at the provincial level and never at the federal level. It was included as a compromise in the 1982 constitution, and has historically been treated as an Option-of-Last-Resort when it came to disagreements between the provinces and the feds. It expires after five years of invoking which theoretically means it can only be used with popular support.
The structure of Canada's institutions were meant to mimic the United Kingdom's: parliament is supposed to reign supreme. Courts and the judiciary were meant to be deferential to the will of legislatures, and likewise legislatures were meant to honour the spirit of the broad constitutional principles embodied by the Charter. As many of you might suspect however, over time there has been some element of judicial creep, with the judiciary finding more and more things to be unconstitutional. Federal laws against abortion and gay marriage were struck down by Charter challenges (in each case I think correctly), but somewhat more speciously you have things like restrictions on public drug use or simple math tests for prospective teachers being declared unconstitutional. I know people around here might cynically think this is being done exclusively for progressive causes and while I think there is an undeniable slant among the judiciary you also have things like the courts deeming the measures taken against the trucker COVID protests unconstitutional.
More coherently the principle underlying the general trend is this: the judiciary wants more discretionary powers for itself. It does not want governments to dictate to judges the limits of their powers or decision-making. And where this is really drawing things into conflict is with respect to criminal justice. To give a non-culture war example, the previous Conservative government amended the Criminal Code to require consecutive life sentences be given for mass murderers; i.e. if you committed multiple first-degree homicides your eligibility for parole would not be after 25 years as normal but rather 50+ years (depending on the extent of your crimes). This was struck down on appeal on the grounds that this was "cruel and unusual punishment", on behalf of a man who had murdered six Muslims at a mosque in a mass shooting (not exactly a progressive hero, but now eligible for parole in 2039). Similarly the ability to hold potentially at-risk criminals without bail or severe bail conditions has been very limited, and a wide raft of possible contingencies for sentencing have been essentially mandated by court challenges. You might be familiar with "Gladue" reports (essentially lighter sentencing for indigenous offenders), but this has also resulted in bizarre sentencing decisions for immigrants who would risk deportation otherwise.
Almost-certain future PM Pierre Poilievre has made some waves by suggesting he would use it federally to override challenges to stronger criminal justice laws. This forthcoming showdown seems to be inevitable given the increased intransigence of both the judiciary and politicians: anger and confusion with these court appeals is not limited to conservatives and support for harsher sentencing is very strong. The original purpose of the Notwithstanding Clause was not as a means to reinforce parliamentary supremacy, but the expanded scope of court appeals has given it a new role in this context. The judiciary has badly overplayed their hand if they thought the political cost of using it would enable them to expand their reach without opposition.
I think it's reasonable to put cover sheets on the classified documents, given they are classified.
the government didn't have to stage a photo to release to the public or put the photo in the public charging document
in a world where the prosecution is attempting to redact and black out anything and everything they don't carefully curate for an agenda and engage in repeated fights for failure to turn over discovery requiring attorneys to file FOIA requests to gov agencies, it is honestly laughable to try to imply that the government was just being reasonable when they put cover sheets on classified documents reading CLASSIFIED PAY ATTENTION TO ME CLASSIFIED HUMAN INTEL CLASSIFIED so they could take a picture and have it published to influence the media and public
don't undermine the claim that Trump committed a crime
yes, they do because a defense to at least some of the more serious charges is that Trump didn't know the specific documents were there and didn't handle or interact with the documents and therefore was not engaged in willful conduct with respect to the those documents which would be supported by the documents still being in the exact order at time of seizure which they were when NARA created the boxes and told Trump to come get them and when they returned the boxes they demanded Trump turn over
The worst part of the bill was that many of its provisions weren’t permanent.
The provisions that Republicans want are temporary. The provisions that Democrats want are forever.
There’s also the idea of the ratchet, that Republicans will compromise with Democrats, and Democrats will get a bunch of concessions but won’t actually fulfill their end of of the bargain ... There’s a kernel of truth to that idea,
So how is this not just another click of the ratchet?
Anyways, the deal was advertised as border security for Republicans in exchange for Ukraine funds, but instead the bill was a weak border compromise with more points for Democrats than Republicans, and Ukraine funds on the side. There is no doubt that Democrats loved the terms of their trap, and would have voted yes for it even without Ukraine in the mix. Democrats have been calling for years to have an asylum "express lane" where even if the conditions are stricter on paper, anyone coached to tell the right lies will breeze right through the process to a "legal" path to permanent residency and citizenship.
The bill hands Democrats exactly what they want, and enshrines a permanent increase in "legal" unrestricted immigration forever. Doing nothing at least leaves all these people in limbo, with no path to legal status forever, and the possibility of eventual deportation.
Don't pass the bill = miniscule chance of deporting them.
Pass the bill = 0% chance of deporting them
Of course Johnson gave away the Ukraine funds in exchange for nothing anyways in the greatest anime betrayal ever, but that's another story for another day.
The time when Trump sabotaged immigration restrictions, and the alt-right cheered
I’ve long held that most of politics is overwhelmingly dominated by some combination of 1) direct self-interest, and 2) vibes. Any notions of ideological consistency should be regarded as mere “happy accidents” rather than the norm. In the US, this issue cuts roughly equally across both parties. One particularly stark example happened a few months ago with immigration. In short, Trump sabotaged the most conservative immigration reform bill in a generation for blatantly self-serving reasons. This directly contradicts what many of his more hardline alt-right supporters want, yet instead of punishing him for doing this, they actively cheered him on. They simply like Trump’s vibes far more than they like Biden’s vibes, so they convinced themselves that the bill was akin to “surrender” through extremely strained logic.
This episode is rapidly fading from public memory given that the bill didn’t pass, but it’s such a great encapsulation of vibes-based motivated reasoning that I feel it should be highlighted before it’s forgotten completely.
Illegal immigration so far
The chart here shows migrant encounters at the US-Mexico border. While some slip through the cracks and are not counted, this still gives a good sense of the contours of illegal immigration over the past few presidential administrations.
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Migrant numbers were quite high during the Bush years, with yearly peaks corresponding to agricultural labor needs.
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Obama was quite hawkish on illegal immigration. Numbers were already decreasing from the Bush years, and the economic turmoil from the GFC brought numbers down further. Importantly though, Obama’s enforcement was instrumental in keeping numbers down even as the economy recovered.
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Illegal immigration fell to its lowest point at the beginning of Trump’s term, but rapidly increased after that to meeting, then exceeding the numbers under Obama. Numbers crashed again at the onset of COVID.
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Illegal immigration has exploded after Biden took office.
There are a couple of points worth noting here. The first is that while enforcement has an undeniable impact on illegal immigration numbers, exogenous factors should also be considered. Periods of economic prosperity in the US act as a “pull” for migrants, while recessions do the opposite. Likewise, civil turmoil in immigrant-sending countries can act as a “push” for migrants, while relative stability again does the opposite. That peak in May 2019 under Trump was due in part to a period of turbulence in Northern Triangle countries.
The second point worth noting is that Trump wasn’t really much better than Obama in countering illegal immigration, contrary to popular belief. This point deserves some elaboration.
Trump and Biden’s border policies
During Trump’s 2016 campaign, immigration was frequently at the forefront despite the historical lows of illegal immigrant activity. Upon ascending to the presidency, Trump at least tried to keep his promise. He signed the infamous “Muslim Ban” in his first week, suspending entry for citizens from 7 predominantly Muslim countries from entering the country for 90 days. He would continue with additional policies throughout his presidency, including preventing sanctuary cities from receiving federal grants, phasing out DACA, implementing a zero-tolerance policy and family separation at the border, creating new restrictions for who could apply for asylum, and many others.
The problem with all of these was that they were executive orders. Executive orders require less political capital to implement since they don’t have to go through congress, but they’re far more brittle and subject to legal challenges or revocation when a president of a different party comes to power. Indeed, practically all of Trump’s EO’s on immigration faced stiff legal hurdles. The Muslim Ban was rejected by courts twice, and only a watered down version passed on the third attempt. The family separation policy and restrictions on asylum were similarly watered down heavily. The policies on sanctuary cities and the phaseout of DACA were basically killed entirely.
Another issue with Trump’s implementation is that it was done with little tact. Any sort of reform will encounter pushback, with bigger changes tending to lead to more of a backlash. This can be mollified somewhat by a good PR campaign. Indeed, the ability to push through substantial reforms without angering huge swathes of the country can be seen as one of the key skills of a successful politicians. Trump and his team did not do a very good job of this. Few efforts were made to get buy-in from moderates. Instead, Trump’s modus operandi was typically controversial unilateral action, followed by doubling down with rhetoric like “shithole countries” that may have flattered his base, but was very poorly received among Democrats and independents. Trump had this problem in many more areas than just immigration, as Scott Alexander noted in 2018.
The end result was that while Trump certainly talked up his immigration policies as successes, most of them were little more than PR stunts. Illegal immigration surged substantially every year for the first three years of his presidency and peaked in 2019 at a level far higher than what Obama ever had. Likewise, legal immigration measured by the number of lawful permanent residents added per year was basically the same as during Obama’s presidency, only dipping substantially in 2020 with the onset of COVID. Furthermore, all of the hostile rhetoric Trump used created a backlash that (at least partially) helped propel Biden to the White House in 2020, and ensured he had a clear mandate to roll back Trump’s policies.
And that’s exactly what Biden did. In his first day in office, he axed the majority of Trump’s executive orders with the stroke of a pen. The first 100 days of Biden’s presidency were defined by “undoing Trump” in practically every area, and in terms of immigration that meant less hostility, fewer rules, and a more welcoming attitude. Cracks began to show almost immediately as illegal immigration soared, and then kept soaring month after month. It surpassed Trump’s worst month, and then kept climbing even higher before settling at a rate unseen in at least the past 3 administrations. December 2023 marked the worst month at nearly 250K encounters, with several preceding months having >200K encounters. For reference, Obama’s second term only saw a brief period above 50K encounters before declining to a steady-state of around 30K-40K encounters.
This rapidly became a political liability for Biden. Despite deploying Kamala Harris with her infamous “do not come” speech, illegal immigration kept increasing and Biden seemed helpless to address it, effectively getting himself caught between a rock (giving fodder to Republicans) and a hard place (alienating his base, reneging on promises, etc.). Ominously, things only seemed to be getting worse. Biden tried to use Trump-era COVID restrictions to limit some immigration through Title 42, but COVID couldn’t be used as a justification forever. What’s more, Biden’s actions significantly worsened a loophole in the system through abuse of a particular asylum designation. This article discusses it in detail. To summarize:
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When the DHS encounters an illegal immigrant, it has two options: standard removal, or expedited removal.
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Standard removal requires a court case with lawyers present to give evidence, while expedited removal is a streamlined, unreviewable process meant to reduce the burden on the DHS and the court system.
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Illegal immigrants can indicate they intend to apply for asylum by establishing “credible fear”. While the threshold to asylum is fairly high, the “credible fear” threshold is very low, which at least starts the process towards asylum and thereby prevents use of expedited removal.
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While standard removal is ongoing, the US has 3 options for where to keep them: (1) Parole them out into the US, (2) keep them in ICE detention centers, or (3) kick them back to the country from which they entered from, i.e. Mexico.
Obama did (1), but apparently the loophole wasn’t well-known enough to be a huge issue yet. Trump tried to go after asylum directly, but those efforts mostly fizzled in court. He then tried to do (2), but this caused a huge overcrowding problem as detention centers weren’t built big enough to accommodate the huge influx. After some bad press, he tried to do (3), which sort of worked when courts weren’t throwing spanners into the works, which they did frequently. Biden reverted back to (1), but now it was well-known that you could come to America illegally, utter the magic words “credible fear”, and you’d be let out into the community. Some derisively referred to this as “catch and release”. From this point, some immigrants simply didn’t show up to their court hearing, while others received court dates so far in the future (up to a decade or longer in some cases) that it didn’t matter. This became a vicious cycle, as more immigrants abused this loophole it clogged the courts further and further making the loophole more effective, which further incentivized anyone who wanted to come to the US to give it a try due to this One Crazy Trick ICE Doesn’t Want You To Know About.
The Senate compromise deal
After a few years of spiraling migration problems, it became clear that the center could not hold. Biden capitulated and signaled that he was willing to give concessions to Republicans to get immigration back under control. This willingness coalesced around the same time that an important foreign aid package was being discussed, with some Republicans stretching credulity a bit when they claimed that illegal immigration was functionally indistinguishable from Putin’s invasion of Ukraine. Thus, the idea of a “compromise” bill was born, where Biden would give in to Republican demands on immigration in order to get his foreign aid passed. This came to the fore in late January and early February of 2024.
You can read the full text of the bill here, but non-lawyers trying to read actual bills written in thick legalese is like trying decipher jabberwocky growls. A much more scrutable summary is available here.
Division A is all about the foreign aid. This chunk would eventually be passed in April in a standalone vote.
Division B is the immigration part. This was primarily negotiated by Republican Senator James Lankford of Oklahoma. Notably, this would have been the first major immigration reform bill (NOT executive order!) passed since Reagan. Everything else since then has been done through unilateral presidential action or the courts. Since this would have had the backing of Congress, its provisions were quite sweeping compared to the piecemeal efforts that came before. It:
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Includes billions of dollars for immigration enforcement, including money for detention centers, 2700 new border agents, asylum case officers to break the vicious cycle, deportation flights, etc. It’s hard to understate how much money this bill would have ladled on to border protections, with the biggest increases going to the usual agencies like ICE and CBP, with smaller chunks going to ones that I wasn’t even aware were part of border enforcement, like FEMA and the US Marshals Service. It also gives case officers a permanent 15% raise over the standard GS schedule of government pay.
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Gives a bit of money to USAID for stanching immigration at its source, in the Northern Triangle countries and elsewhere.
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Restarts and funds building of Trump’s wall, which Biden canceled early in his presidency.
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Modernizes border infrastructure generally, such as adding more sophisticated monitoring equipment and accepting fingerprint cards or biometric submissions for use in immigrant processing. You know, things that would be nice to have given the last major immigration bill is almost 40 years old at this point.
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Raises the threshold on “credible fear” substantially to actually close the loophole. Currently, credible fear is evaluated using the lower “significant possibility” standard.
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Raises the threshold on asylum generally even after they pass the first hurdle, and it funnels as many cases as possible into the expedited removal process.
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Ends “Catch and Release” and formalize the “Remain in Mexico” policy. Those who arrive at ports of entry are placed under government surveillance, while those who arrive between ports of entry are detained outright, with funding provided for new detainment beds.
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Establishes an additional asylum bar if there are reasonable grounds to believe an individual could have internally relocated in their country of origin or country of last habitual residence, in lieu of seeking protection in the United States.
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Creates a Border Emergency Authority, a “break in case of emergency” power if the border became overwhelmed. This requires the DHS to ignore all asylum requests except those that fall under the Convention Against Torture, which has a high bar. It also further streamlined the expulsion process, allowing for immediate deportation in a range of scenarios. There was to be no public notification for this authority to be enacted, so an immigrant arriving would never be sure if it was active or not. This is the closest the US would come to “closing the border” for an extended period of time that wasn’t due to a national emergency like what happened after the JFK assassination or 9/11. To prevent this emergency tool from simply becoming the new normal, the Authority could only be activated if border encounters exceeded 4000 over a 7 day period. Conversely, it also prevents abuse in the other direction, i.e. a president deciding never to activate it, as it would be required if there were 5000 border encounters over a 7 day period. Note that border encounters were far higher than 5000 when the bill was being debated, so Biden would have had no choice on the matter.
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Does NOT include any significant amnesty, even for DREAMers. Almost every serious attempt at reforming immigration had previously settled on the compromise of amnesty for current illegal immigrants in return for enforcement at the border. The most recent major attempt at immigration reform under the Gang of Eight did exactly this. Trump himself acknowledged this political reality in his first State of the Union address in 2018 when he came out in favor of giving amnesty for DREAMers. The fact that this is nowhere to be found in this bill is a significant implicit concession.
There are also a handful of concessions to the Democrats:
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Allows processing and conditional permanent residence for Afghan collaborators.
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Authorizes an additional 50,000 immigrant visas each year for the next five fiscal years.
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Establishes a carveout in some of the rules above for unaccompanied minors, which in 2024 have made up <5% of all encounters.
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The Border Emergency Authority requires a lower limit of 4000 encounters per day as discussed above, so a future Republican president wouldn’t be able to use it as the new normal unless there was an actual emergency. It also sunsets after 3 years unless renewed.
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Republicans likely wanted restrictions on all asylum claims, but Dems kept a carveout for the Convention Against Torture.
Those concessions are really tiny. The last 3 bullet points are just minor restrictions on the new powers that would be in place. Only the first 2 bullet points are concessions in any meaningful sense. Helping Afghans who collaborated with the US is a one-off now that the war is over, and is a good idea since the US doesn’t want to get a reputation of abandoning those who help it. The 50K new legal immigrants a year is time-limited to 5 years, and is much, much less than the status quo of 200k+ illegal immigrants per month that is happening now. Heck, it would have only been 2-3 months worth of illegal immigrants encountered under average Trump or Obama years, so it’s a very small price to pay.
The bill received endorsement from the National Border Patrol Council, the union that represents Border Patrol agents, endorsed the proposal and said it would drop illegal border crossings nationwide. The group in 2020 endorsed in Trump and has been highly critical of Biden’s border policies.
It’s also interesting to compare this bill to the Border Coalition Letter that was submitted to Congress in 2022. This letter was sent on behalf of a bunch of conservative think tanks like the Heritage Foundation, Conservative Partnership Institute, and several that I’ve never heard of, like the Federation for American Immigration Reform, which the SPLC classifies as a hate group. The letter demanded exclusion of amnesty of any type, creating an Authority to immediately expel illegal immigrants, increase restrictions on asylum, mandate resources for the border wall, increase funding for the CBP and ICE, end the abuse of parole authority. The bill shares a striking resemblance to this letter. Granted, it doesn’t do everything, as there are a few carveouts for stuff like asylum under the Convention Against Torture, and the letter also asks for states to overrule the federal government when it comes to border enforcement (something that Texas has been motioning towards recently). But overall, the bill does the vast majority of what was asked for by some of the most conservative immigration groups in the country.
Trump swoops in
So yeah. Trump blew it all up.
The reason he did this was as obvious as it was cynical: he didn’t want Biden to have a “win” on the issue. He wanted to keep the issue in the news as a liability for Biden so he would have a greater chance at winning in November. He didn’t exactly keep his motivations secret. Nor was this the first border bill that Trump sabotaged. The overturning of Roe v Wade is instructive here, as it was a major “dog catches the car” moment. Republicans loved to campaign on restricting abortion, but when the Supreme Court actually handed them the chance to do so, they quickly realized the costs it would entail. What had once been a rallying cry for conservatives turned into a liability, and now the Democrats have the wind at their back on the issue. Why do the same for immigration by actually enacting favorable policies?
Of course, it’s not helpful to be openly cynical to your supporters, so the official reason that Trump, Gaetz, and many others trotted out to oppose the bill related to the Border Emergency Authority. In essence, they boiled the entire bill down to that upper limit threshold of 5000 illegal immigrants per day. The extra enforcement, the money for border agents, the restarting of the wall construction, the closing of the asylum loophole, the end of Catch and Release? None of that mattered. It was all boiled down to that 5000 number that you’ll see repeated over and over again in Republican criticisms of the bill. What’s worse is that this number is presented as a capitulation to Democrats rather than a ceiling on the use of a draconian new power granted in a heavily conservative bill. It’s presented as if the bill mandates open borders for the first 5000 illegal immigrants every day, and only then begins to enforce some border policies. This is so laughably, bafflingly wrong that it defies belief.
Obviously the bill isn’t perfect. There are legitimate criticisms that could be levied. For instance, Republicans could say that Democrats shouldn’t get any new legal immigration in exchange for fixing the law, even the paltry 50K number that the bill would mandate. But actually analyzing the bill to any serious degree would quickly show how conservative it is, so Republican leaders mischaracterized the bill so heavily that I’d say most reasonable people would classify it as “outright lying”.
In the world of Republican vibes, there’s the idea that conservatives are always the suckers when it comes to immigration. The idea is that Reagan’s bill was supposed to fix the issue, but the Democrats skillfully reneged on their promise. There’s also the idea of the ratchet, that Republicans will compromise with Democrats, and Democrats will get a bunch of concessions but won’t actually fulfill their end of of the bargain, either because the Republicans are RINOs who don’t actually care about limiting immigration, or because the true-believer Republicans are simply outmaneuvered. Then in the next round of dealmaking, more concessions will be given, and on and on it goes until America is overrun with illegals. For example, in the first deal, “illegal aliens” are reclassified as “illegal immigrants”, and amnesty is provided for, say, 3M of them in return for enforcement of the border laws. Then the enforcement doesn’t happen, ten years go by, and another round of negotiations happens. This time “illegal immigrants” is changed to “undocumented persons” and now we need to give amnesty to the first 3M AND the 5M that arrived since then, but in exchange now we’ll totally have enforcement… pinky promise! And then it doesn’t happen again and… you get the picture.
There’s a kernel of truth to that idea, although it’s obviously extremely oversimplified and lacking in nuance. That said, those vibes are powerful enough that compromise is thoroughly delegitimized for the Republican rank-and-file. Trump’s uncompromising vibes in 2016 is a large part of what won him the Republican primary. He sustained those vibes through his presidency with his bombastic executive orders that drove news headlines but did little to fix the underlying issues. Trump used those vibes again to kill this bill, as all he had to do was vaguely point to the 5000 number in the bill, imply that was a concession, and the bill was effectively dead no matter what it actually would have done.
Other concerns with the bill
While the misrepresenting the 5000 number in regards to the Border Emergency Authority was the most frequent criticism by far, there were a couple other, less goofy criticisms that deserve examining.
The first is that Biden already had the tools to solve the border crisis, and therefore this bill wasn’t necessary. This is typically paired with vibey “Republicans cooperate, Democrats defect” arguments that I detailed in the previous section, i.e. that the bill must have been a “trap” of some sort. Vibes aside, there is some degree of truth to this. As we saw earlier in this article, Biden’s policies were indeed principally responsible for the recent explosion in illegal immigration. Probably the clearest remedy would be reimplementing the Remain in Mexico policy that has been shambling along, half dead. Biden attempted to kill this policy early in his presidency, and courts initially agreed he could do so, until they didn’t, so the policy is technically still alive. Reimplementing this would take at least some of the wind out of the vicious cycle in regards to the asylum loophole, although there would still be the omnipresent specter of legal threats, and now Mexico has said it will refuse to cooperate.
The issue with this idea is that even if Biden were to reimplement all of Trump’s executive orders, they still amounted to little more than a bandaid on a bullet hole. Critics of the bill are technically correct in pointing out that there was less blood before Biden ripped off the bandaid, but it’s ludicrous to then assume that the bandaid was all that was ever needed. US immigration law and border enforcement is fundamentally broken in a number of ways, and this bill would have gone a long way in addressing the worst problems. Recall that Trump himself tried to go after asylum laws directly, but his efforts mostly fizzled in the courts.
Another criticism that was sometimes levied is that Republicans should simply hold out for Trump to become president to truly fix immigration. Again, this typically came packaged with vibey concerns that any deal with Democrats must necessarily imply some ratcheting of concessions, and thus the only way to address the issue is unilateral Republican action, headed by a true-believer like Trump. To steelman this idea, the idea that the political capital to solve illegal immigration would evaporate if the issue was successfully mitigated is a sound one. Democrats were only willing to come to the table in the first place due to the extremely tenuous position they found themselves in with the surge of illegal immigration. This bill almost certainly would have solved that surge, which would give Trump less of a mandate to take drastic action if he wins in November.
The most obvious retort to this idea is that Trump is by no means guaranteed to win in November. As of the time of writing, prediction markets give Trump a 47% chance of winning, which we can round up to 50%. This essentially means the Republicans are gambling on a “double or nothing” approach, but even this prospect is unsteady. For starters, how much more could Trump deliver in excess of this bill, even under the best plausible conditions? HR2 is instructive here, which passed the House in 2023 but is not likely to advance any further in the current Congress. As such, it’s essentially a conservative wishlist on immigration. It is indeed stronger than the Senate bill, but it’s not massively stronger. I’d say instead of “double or nothing” it’s more like “10-20% more or nothing”, which has decidedly less of a ring to it. Furthermore, Democratic willingness to capitulate has an expiration date. If the moment isn’t gone already, then it’d definitely be gone when Trump takes office for a second time, which would mean he’d require control of both the House and the Senate to push through a stronger bill. Prediction markets currently give a 74% chance for Republicans to clinch the Senate, which we can round up to 75%, and a 44% chance to win control of the House, which we can again round up to 50%. If results from the races were perfectly independent, simple statistics shows us that Republicans only have <20% chance of achieving a trifecta. Granted, the races almost certainly won’t be uncorrelated with each other, but this still establishes a lower bound of likelihood. In essence, Republicans are gambling at 20-50% odds that they’ll be able to get a bill that’s 10-20% better. Even this is still underselling it, since it would have to go through one major final hurdle: Trump himself. Republicans already had a trifecta from 2017-2019, yet Trump chose not to prioritize immigration other than through flimsy executive orders. Who’s to say he wouldn’t choose to do so again?
The upshot
I’m sure some people will dismiss everything I’ve written here as concern trolling. They’ll assume I’m secretly a Democratic operative who wants to sow discord amongst Republicans. In reality, I’m just someone who actually wants to get immigration under control. Immigration can be a source of strength, but it must be harnessed very carefully to not cause major problems.
This bill represented the most conservative major immigration reform in a generation that actually had a chance at passing, and Donald Trump killed it for purely cynical reasons. This single bill would have done more than every one of Trump’s executive orders put together. Anyone who’s been seriously watching him knows that he’s utterly self-serving, but what was truly revolting was how the anti-immigration wing of the Republican party not only let him get away with it, but actively cheered him on. It’ll likely be totally forgotten too, wrongly dismissed as nothing more than another Democratic trap.
The worst part of the bill was that many of its provisions weren’t permanent. Some parts like closing the asylum loophole were, but the funding for extra agents would eventually run out. Similarly, other provisions like the incoherently reviled Border Emergency Authority were due to sunset in 3, 5, or 10 years. But the correct response would have been for Republicans to reach out at this golden opportunity with both hands and grasp as hard as they could. Then, they should have fought future battles to ensure the provisions were made permanent. Instead, they squandered a period of maximal Democratic vulnerability on the issue, when the Dems were not only willing to give concessions but were actively asking for them.
Illegal immigration has cooled a bit since its apex in December of 2023. In the CBP’s most recent report from March, encounters are down by 45%. This is still massively elevated from where it was before, but it will at least allow Biden to claim he’s on top of the issue. It seems he’s doing this with ad-hoc fixes, like making deals with intermediate countries that are unlikely to really solve much long-term. In killing the bill, Trump has likely undercut one of his attack vectors against Biden somewhat. When pressed in a debate about the issue, Biden can say “I tried to fix it, but you wouldn’t let me”. In the end, few peoples’ minds will be changed, and the most likely outcome no matter who becomes president is that the US continues muddling along with the status quo on immigration, which means more bandaids and can-kicking. In the off chance that an immigration reform bill actually does pass, it will likely be far less conservative than this bill would have been.
OliveTapenade
19hr ago
This is an area where I think it's also useful to start reading thoughts from other perspectives entirely?
Have you ever read Wolf Totem? It's a novel by a Chinese author, Lu Jiamin, who spent some time in Inner Mongolia, and he has a theory that Han Chinese people are 'domesticated' - he calls them Dragon Totem people - and as a result have been outcompeted and brutalised by wild steppe people and their descendants, which he calls Wolf Totem people. Notably he sees Europeans as Wolf people, and as the descendants of the steppe.
Here are a few passages to give you the impression:
“In world history,” Chen continued the thought, “nomads have been the only Easterners capable of taking the fight to the Europeans, and the three peoples that really shook the West to its foundations were the Huns, the Turks, and the Mongols. The Westerners who fought their way back to the East were all descendants of nomads. The builders of ancient Rome were a pair of brothers raised by a wolf. Images of the wolf and her two wolf-children appear on the city’s emblem even today. The later Teutons, Germans, and Anglo-Saxons grew increasingly powerful, and the blood of wolves ran in their veins. The Chinese, with their weak dispositions, are in desperate need of a transfusion of that vigorous, unrestrained blood. Had there been no wolves, the history of the world would have been written much differently. If you don’t know wolves, you can’t understand the spirit and character of the nomads, and you’ll certainly never be able to appreciate the differences between nomads and farmers or the inherent qualities of each.”
[...]
Chen, mesmerized by the sight, was deep in thought. “We’ll have to study him closely,” he said finally. “There’s a lot we can learn from this. Our dog pen is a microcosm of world history. I’m reminded of something Lu Xun once wrote. He said that Westerners are brutish, while we Chinese are domesticated.”
Chen pointed to the cub. “There’s your brute.” Then he pointed to the pups. “And there’s your domestication. For the most part, Westerners are descendants of barbarian, nomadic tribes such as the Teutons and the Anglo-Saxons. They burst out of the primeval forest like wild animals after a couple of thousand years of Greek and Roman civilization, and sacked ancient Rome. They eat steak, cheese, and butter with knives and forks, which is how they’ve retained more primitive wildness than the traditional farming races. Over the past hundred years, domesticated China has been bullied by the brutish West. It’s not surprising that for thousands of years the Chinese colossus has been spectacularly pummeled by tiny nomadic peoples.”
Chen rubbed the cub’s head and continued. “Temperament not only determines the fate of a man but also determines the fate of an entire race. Farming people are domesticated, and faintheartedness has sealed their fate. The world’s four great civilizations were agrarian nations, and three of them died out. The fourth, China, escaped that fate only because two of the greatest rivers—the Yellow and the Yangtze—run through her territory. She also boasts the world’s largest population, making it hard for other nations to nibble away at her or absorb her, but maybe also because of the contributions of the nomadic peoples of the grassland... I haven’t satisfactorily thought out this relationship, but the more time I spend on the grassland—and it’s already been two years—the more complex I think it is.”
[...]
Chen sighed. “The way I see it, the most advanced people today are descendants of nomadic races. They drink milk, eat cheese and steak, weave clothing from wool, lay sod, raise dogs, fight bulls, race horses, and compete in athletics. They cherish freedom and popular elections, and they have respect for their women, all traditions and habits passed down by their nomadic ancestors. Not only did they inherit their courage, their militancy, their tenacity, and their need to forge ahead from their nomadic forebears, but they continue to improve on those characteristics. People say you can tell what a person will grow up to be at the age of three and what he’ll look like in old age at seven. The same holds true for a race of people. In the West, primitive nomadic life was their childhood, and if we look at primitive nomads now, we are given access to Westerners at three and at seven, their childhood, and if we take this further, we get a clear understanding of why they occupy a high position. Learning their progressive skills isn’t hard. China launched its own satellite, didn’t it? What’s hard to learn are the militancy and aggressiveness, the courage and willingness to take risks that flow in nomadic veins.”
“Since I’ve been herding horses,” Zhang said, “I’ve felt the differences in temperament between the Chinese and the Mongols. Back in school I was at the top in just about everything, but out here I’m weak as a kitten. I did everything I could think of to make myself strong, and now I find that there’s something lacking in us...”
Chen sighed again. “That’s it exactly!” he said. “China’s small-scale peasant economy cannot tolerate competitive peaceful labor. Our Confucian guiding principle is emperor to minister, father to son, a top-down philosophy, stressing seniority, unconditional obedience, eradicating competition through autocratic power, all in the name of preserving imperial authority and peaceful agriculture. In both an existential and an awareness sense, China’s small-scale peasant economy and Confucian culture have weakened the people’s nature, and even though the Chinese created a brilliant ancient civilization, it came about at the cost of the race’s character and has led to the sacrifice of our ability to develop. When world history moved beyond the rudimentary stage of agrarian civilization, China was fated to fall behind. But we’re lucky, we’ve been given the opportunity to witness the last stages of nomadic existence on the Mongolian grassland, and, who knows, we might even discover the secret that has led to the rise in prominence of Western races.”
Now as a historical theory, there's a lot here that's doubtful - the proposed genetic link seems weak, Han are genetically closer to Mongols than Europeans are, at times he can't seem to decide on the racial associations (are the Romans weak decadents sacked by the Wolf people, or were the Romans Wolf people themselves?), and some reckoning with the fact that the Chinese have spent centuries kicking steppe peoples around seems necessary - but I think it's at least interesting as a window into how this sort of thing looks from another angle.
That is, here we have people immediately concluding that whites and Asians are both in the 'domesticated', Dragon category, but here's a Chinese voice utterly convinced that whites in the wild barbarian Wolf category.
I think it's also worth looking at theories in this in the context of trying to answer particular questions. Lu is writing in the context of the long Chinese tradition of wondering how the West outpaced them and how the Century of Humiliation happened. As late as the 18th century, there was still a case to be made that China was the most powerful and prosperous nation on the planet, and then in barely a century the Europeans comprehensively embarrassed, defeated, and exploited them, and even today the Chinese still struggle to understand how that happened and what to do about it. Lu's Dragon/Wolf, Farmer/Nomad distinction is an attempt to explain what's different about Europe and China on the macrohistorical level (and consequently places like Africa just don't rate a mention at all).
By contrast, when Westerners come up with theories about race and domestication and so on, they are trying to answer different questions. They perceive a different problem in front of them, which requires explanation. What's the mystery that is supposed to be solved?
Lewis2
4d ago
a substantial number or people on the right who believe that Biden is a Mao or Stalin
Does anyone on the right actually believe that? I only ever hear complaints that Biden is old, senile, and obviously being puppeted around by various other figures in his administration. In other words, he is personally weak and pathetic, something even their worst detractors can’t say about Stalin and Mao.
Bleep
5d ago
Every single measure that reduces total inflows must pass
what part of the bill forces a hostile administration to reduce immigration at all? the bill may as well be a sieve with all the ways a hostile administration could legally ignore and excuse explicit limits; every single section of the bill which allegedly reduces immigration is actually not mandatory and is able to be set aside under vague, undefined language, like "operational circumstances"
this bill does nothing at all to force a reduction in immigration; it still relies entirely on a friendly executive to reduce immigration, but a friendly executive could already reduce immigration right now and they have for decades under status quo laws by simply enforcing them
which Trump demonstrated with his court upheld policies: require all migrants to be detained or remain outside of US while they await asylum hearings while you reduce and/or eliminate any government money available to support them
it's odd you claim there is no plan when the Trump admin already created a plan, they implemented the plan, and even waited out the court process for it to be upheld, which it was almost entirely
There should be a requirement that people who act as if the ruling class is only a useful category when it is legible explain what they think people ought to do in political regimes where the ruling class is incentivized to be as illegible as possible.
Because I don't really see "not talk about the ruling class" as an acceptable answer to that question. And we happen to live in one such illegible regime.
These demands for specificity displace the object level debate into another debate about the true nature of the ruling class, in which dissidents usually disagree with each other, and thus serves the interests of the ruling class by keeping opponents divided. Since that rhetoric serves an interest, I find it suspect.
In a sense it is in effect completely irrelevant what the nature of the ruling class is, what matters is who is their friend, and who is their enemy. And that can be easily divined without needing to elucidate the specifics of who they are down to a list of names.
It's been a long time since we've discussed Trump, and there have been a number of developments in the court cases against him, and so I'm here to say that our long mottizan nightmare of peace and tranquility is finally over.
Florida
CNN: Federal judge indefinitely postpones Trump classified documents trial
Trump's trial in Florida over classified documents has been indefinitely postponed. (Jack Smith had requested it start the day after Trump's New York trial ended.) It turns out that new revelations made in documents Trump's lawyers requested have upended the case. CNN doesn't elaborate on what happened, for which I'll turn to this story:
Prosecutors admit key evidence in document case has been tampered with
It turns out that when the government alleged that Trump had classified documents he was not supposed to have, the government itself did not accurately know which documents Trump had, or which documents Trump was even supposed to have. Actually, worse than that, it turns out they fabricated some or all of the accusations. For instance, that famous picture of classified documents with cover sheets raided from Mar-a-Lago? It turns out those documents didn't have cover sheets, the FBI staged them before photographing, and they didn't even correctly label all of the documents they supposedly took:
The DOJ's Doctored Crime Scene Photo of Mar-a-Lago Raid
In order to prove Donald Trump had documents he wasn't supposed to have, the goverment took documents Trump had (that the NARA gave him in mislabeled boxes) and added cover sheets for photographs to them.
Whoops!
Judge Cannon has indefinitely postponed trial while Jack Smith's prosecutors work out answers to the questions posed by all these new revelations.
Georgia
CBS: Georgia appeals court will review decision that allowed Fani Willis to stay on Trump's Fulton County case
News-watchers will remember that, several months ago, it turned out that Fulton Prosecutor Fani Willis was hiring her secret lover to work on the Trump election fraud case. He was paid hundreds of thousands of dollars while they dated and went on vacations together, for which she insisted (without evidence) that she always paid him back. This posed a serious concern of misconduct and the risk that Fani Willis would be forced off the case entirely. After weeks of wrangling, Judge McAfee ruled that Willis could stay on the case, as long as Nathan Wade did not. Trump's team appealed the ruling, and now, the Georgia Appeals Court will hear the decision:
Re-hearing the Fani Willis conflict of interest decision might lead to a repeat of the earlier hearing, where Fani repeatedly shouted over the courtroom and judge:
Fiery DA Fani Willis loses it on lawyer during misconduct hearing: ‘Don’t be cute with me!’
[...[
So the question of prosecuting Trump over the 2020 election in Georgia will have to wait until it's determined how much of a liar the prosecuting DA might or might not have been.
New York
This trial is the juiciest of all, as it is currently in session in New York, with the judge threatening to have Trump locked up:
CBS: Trump held in contempt again for violating gag order as judge threatens jail time
Trump has promised, in interview and social media post, that he's willing to go to jail for exercising his First Amendment rights to criticize Judge Merchan, having said in April that it would be his "great honor" to go to jail for violating Merchan's gag order.
The issue really stems from Trump's accusations of political bias in the New York courtroom. The gag order was imposed after Trump attacked Merchan's daughter for working for Democratic fundraisers:
Dem clients of daughter of NY judge in Trump hush-money trial raised $93M off the case
Another such example is that one of Bragg's prosecutors working the case is Matthew Colangelo, who left the #3 position at DOJ under Merrick Garland to work the Trump case:
Daily Mail: REVEALED: New PROOF the anti-Trump prosecutor in hush money trial is a 'true believer' in Leftist 'lawfare'... as Matthew Colangelo is exposed for taking thousands of dollars from Democratic party
Judge Merchan himself, it turned out, donated (a small amount) to the Biden campaign:
Judge Juan Merchan, who is overseeing Trump case, donated to Biden campaign in 2020
The state is arguing, in effect, that Trump, by paying Stormy Daniels in 2017, falsified business records that should have rightfully been marked as a campaign contribution, and thus constituted a conspiracy to undermine the 2016 election. The count of falsifying business records is a misdemeanor under New York State Law, but can be elevated into a felony charge if the business records were falsified with the intent to commit another crime. Curiously, Alvin Bragg has alleged that Trump falsified business records to commit another crime, but has not charged him with committing any other crimes:
The New York Case Against Trump Relies on a 'Twisty' Legal Theory That Reeks of Desperation
Section 17-152 has never actually been prosecuted to this effect, so the case is entirely novel. New York is arguing, in effect, that Donald Trump engaged in a conspiracy to undermine the 2016 election by falsifying business records in 2017.
This case is a hot one as it is currently in trial, and will likely be resolved with a few weeks. The question of whether the jury can be unbiased in such conditions is ongoing.
I will omit Trump's last criminal court case, the January 6th case run out of DC, as it is currently pending on a Supreme Court decision as to whether Presidents can even be tried for official acts in the first place, which would throw the whole case back down to the lower courts to disentangle which of Trump's actions on January 6th constituted private action. It goes almost without saying that, if Trump were elected in 2024, he could have the authority to fire Jack Smith and derail both this case and the documents case in Florida.
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