Tag: DOJ

The Bipartisan Way That Biden’s Border Closing Proclamation Became Necessary

Michael Matheron2 Comments

Today, the White House issued a Presidential Proclamation, and the Department of Homeland Security (DHS) issued a Fact Sheet announcing that President Biden effectively closed the southern border [DHS FAQ].

Excerpts from the Proclamation:

You DO have to live like a refugee, young man
Copyright, Michael V. Matheron

Section 1.  Suspension and Limitation on Entry.  The entry of any noncitizen into the United States across the southern border is hereby suspended and limited, subject to section 3 of this proclamation.  This suspension and limitation on entry shall be effective at 12:01 a.m. eastern daylight time on June 5, 2024.  The suspension and limitation directed in this proclamation shall be discontinued pursuant to subsection 2(a) of this proclamation, subject to subsection 2(b) of this proclamation.

     Sec. 2.  Applicability of Suspension and Limitation on Entry. (a)  The Secretary of Homeland Security shall monitor the number of daily encounters and, subject to subsection (b) of this section, the suspension and limitation on entry pursuant to section 1 of this proclamation shall be discontinued at 12:01 a.m. eastern time on the date that is 14 calendar days after the Secretary makes a factual determination that there has been a 7-consecutive-calendar-day average of less than 1,500 encounters, not including encounters described in subsection 4(a)(iii) of this proclamation.

Also, it directs that:

For purposes of subsection (a) and subsection (b) of this section, unaccompanied children (as defined in section 279(g)(2) of title 6, United States Code) from non-contiguous countries shall not be included in calculating the number of encounters.

President Biden has had understandably difficult policy, humanitarian, and political choices since day one of his administration. Hyperbolic MAGA/GOP criticism was expected, but due to Trump’s meddling this has not been consistent: during February, the GOP scuttled a Senate-created very workable and strict bipartisan immigration bill, one that the Senate fought hard to produce. Why refuse to pass a bipartisan bill MAGA/GOP members had helped craft? Well, enter the usual suspects: firstly, it’s impossible to please them, especially House MAGAs, with any Biden- or Democratic-supported victory, and, secondly, because Trump directed his congressional minions to deny Biden a victory – regardless of the human toll at the border. This interference is now commonplace since Trump is a demanding god who wants to mendaciously campaign on Biden’s failure to enact immigration reform. Thus, the southern border has devolved into a very serious train wreck with Trump the berserk engineman.

Also, of no small measure, there’s a pox on both houses. For example, Democratic progressives were unmoved by many of the concessions to GOP/MAGA allowed by Democratic senators during the border bill negotiations. The Congressional Progressive Caucus had this to say on May 22:

“We are disappointed that the Senate will once again vote on an already-failed border bill in a move that only splits the Democratic Caucus over extreme and unworkable enforcement-only policies. This framework, which was constructed under Republican hostage-taking, does nothing to address the longstanding updates needed to modernize our outdated immigration system, create more legal pathways, and recognize the enormous contributions of immigrants to communities and our economy. . . It is tempting to simply embrace the very policies we rejected under Donald Trump to counter the horrific xenophobic and racist attacks against immigrants coming from the right. We urge our Senate Democratic colleagues to resist this urge and instead show a clear contrast between Republicans and Democrats. Abandon unworkable policy solutions offered by Republicans and instead work with our caucuses to craft a common-sense bipartisan bill that provides holistic solutions that address our economic, humanitarian, and security needs — not more of the same enforcement-only approach that has failed us for the last 30 years.” 

Moreover, the Tri-Caucus – a diverse group of legislative leaders comprised of the Congressional Asian Pacific American Caucus (CAPAC), Congressional Black Caucus (CBC) and Congressional Hispanic Caucus (CHC) – were leery of the Senate’s deal. One of their group, CHC, issued a statement, excerpted below:

“The Senate border bill once again fails to meet the moment by putting forth enforcement-only policies and failing to include provisions that will keep families together . . . As written, the bill excludes critical protections and legal pathways for families, farm workers and America’s Dreamers who have been in the U.S. contributing to our Nation’s communities and economy for decades. . . CHC recognizes that our immigration system is broken and that there are challenges at the border that Congress must address. However, if this bill passes, it will set back real comprehensive immigration reform by years.”

I sympathize with the progressive concerns and usually side with them, and there indeed were some MAGA/GOP nasty provisions in the bipartisan border bill. The tactics here missed the moment though, when Democrats needed to present a solid front. There are times when one must accept the possible versus the perfect. This bipartisan bill was that moment when a Pyrrhic victory was worthwhile. With a win on the bipartisan bill, Democrats would have:

  • pleased most American voters (many Democrats consider border security their greatest concern);
  • helped Biden and Democratic 2024 candidates in red and purple states by giving them a big win by softening the resistance of swing voters; and;
  • turned some of those highly border-concerned independent votes from leaning MAGA/GOP to Democratic votes, and that group will be decisive in 2024 for Biden and Senate and House races with control of two out of three government branches at stake; and;
  • provided Democrats – should they capture majorities in Congress and return Biden to the White House – many chances to modify the bipartisan bill’s immigration policies to revise or remove some or all of the most objectionable MAGA/GOP provisions.

It was that important to compromise on the border security bill and there will be no more chances before the election. Opportunity – a big one – missed.

Is it too late for President’s border closing effort to remedy the harm done by failing to pass the bipartisan bill through a divided Congress? I do think the border issue will swing this election. Bear in mind, should MAGA/GOP forces repopulate the federal government in 2025, the immigration bill they will formulate will be draconian. For example, see a GOP bill that cleared the House one-year ago, a bill that would have codified President Trump’s policies and added ever more severe policies. Hopefully, the future of Biden’s Proclamation in the five months before election day will cure much of the public’s intense concern about the administration’s immigration policies and turn undecided votes to Democratic votes. Hope especially for a minor miracle – that the disappointing Biden campaign staff will know/learn how to use and widely publicize this win From my typewriter to God’s ears.

Speaker Johnson, Laws Still Exist!

Michael Matheron2 Comments

Two weeks ago I wrote here that on December 5th Speaker of the House Mike Johnson had arguably committed the federal crime of obstruction of justice when he announced that the security videos of January 6, 2021 would be tampered with before releasing them to the public. As he said that day: “As you know, we have to blur some of the faces of persons who participated in the events of that day because we don’t want them to be retaliated against and to be charged by the DOJ, and to have other concerns and problems. [emphasis added] This appears to have violated 18 U.S.Code § 1501 §§ (c) which forbids alteration of, for example, videotapes with “the intent to impair the object’s integrity or availability for use in an official proceeding.”

What is it I deny doing, again?

Since my posting on the matter, Johnson’s Chief of Staff for Communications Raj Shah issued this essentially dishonest “clarification”, or in political jargon, a craven walk-back: “Faces are to be blurred from public viewing room footage to prevent all forms of retaliation against private citizens from any non-governmental actors. The Department of Justice already has access to raw footage from January 6, 2021.” This is a distinction without a difference because blurring faces may, in fact, hide the identity of a January 6th insurrectionists from viewers of the tapes who might be able to disclose their identities to law enforcement actors who are still investigating the attack. Arguably, this “obstructs, influences, or impedes any official proceeding, or attempts to do so . . .”

Mike Johnson’s Eyes Blur When Reading Federal Laws

Johnson and cohorts, however, may have violated another federal criminal statute:


18 U.S.Code § 3 – Accessory after the fact

Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.

Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years.

His blurred faces caper, as he admitted above, was specifically designed to “hinder or prevent . . . apprehension, trial or punishment . . .”

Breaking News: MAGA World Shocked That Laws Still Exist!

Of course, neither of these laws will cause Johnson, and perhaps others, to be perp walked. DOJ will not touch this for obvious reasons. It’s unfortunate, though, that they will never even investigate just a tiny bit as a shot across MAGA’s row boat bow, a warning. The vast majority of MAGA folks, don’t truly recognize a primary fact: the laws of the United States still exist, they could look them up. Despite their self-congratulatory posture as permanent revolutionaries, they have not yet succeeded in bringing their own government to its knees, the government that their legislators swear to support and defend:

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

So, Speaker Johnson and other MAGAs, like it or not, have to live in a world where laws still exist and cannot simply be created on the fly, for whatever purpose suits them. There’s a war to win first. And that’s a bit more difficult than merely believing you’ve already won.

Trump Demands Change of Venue to His Favorite Place, or to Scotland.

Michael Matheron2 Comments

Following his arraignment today, Donald Trump declared on Truth Social that he’d enjoyed his “very good day,” especially since he was forced to “fly to a filthy, dirty, falling apart, & very unsafe Washington, D.C.” He didn’t mention that, as far as it’s true, the “filthy, dirty, falling apart, & very unsafe Washington, D.C.” was essentially on his watch. Nonetheless, for all but the certifiably loony, he did not have “a very good day,” in fact, if his brain were functioning he’d know his day pissed all over him. Shouts of “lock him up” rained on him by the bucketful.

Many details trouble him. The accusations are, of course, the most troubling. The fact that he cannot pardon himself “just by thinking about it” also rankles. He cannot escape to Cancun in some sort of orange-colored disguise, although he still has a passport, so we’ll wait and see. He doesn’t like the judge, the bailiff, the court reporter, the concession stand, the lack of a swimming pool, and there’s no putting green. He wants and needs this trial to be televised since he’s most comfortable at a circus.

Why is she talking to me?

In effect, he simply doesn’t like the idea of the whole thing. He asked his “blood sucking lawyers” to request a change of venue, from D.C. to West Virginia, among his “soul peers” where a friendly jury awaits. This request was found guilty and summarily dispatched, by his own blood-sucking lawyers.

Mar-A-Lago? Scotland? Here come the judge?

Undaunted, the offensive defendant quickly suggested another venue from a long list of alternatives, one that, he said, “would be a win-win, although I detest win-wins where I have to share.” He pointed out that Mar-A-Lago would be a pleasant venue for all involved. “Fine dining, free; two or three swimming pools that are the best ever built; a large ballroom, the very best for a trial; a holding cell more luxurious than the D.C. jail should it be needed; and a fabulous and very best in the world golf course where her honor may enjoy discounted green fees. If not Mar-A-Lago, then I have a world’s best golf course in Scotland. This is my last offer, Judge Chutkan!” She is said to be giving his offer serious consideration, given her avid interest in swimming and golf.

Donald’s Nightmare Visualized

Michael MatheronLeave a comment

J6 investigation is pitching….and Georgia’s warming up in the bullpen…..and where is Melania….and you’re behind in the count…..and hitting .122

George Santos reveals he is not the “George Santos” who has been indicted today by DOJ

Michael Matheron1 Comment

Michael V. Matheron, 6:00 p.m., May 9, 2023

The Department of Justice has just revealed that it has indicted George Santos for a crime or crimes to be revealed later when the indictment is unsealed. Congressman Santos, however, appeared entirely nonplussed by reporters’ questions when rushing to the nearest Longworth House Office Building exit, and responded by denying that he is the “George Santos” who was named in today’s indictment news. Furthermore, he maintained, that, as well as being a fourth term congressman, he was a senior staff attorney in DOJ’s Public Integrity Unit and, therefore, has “inside information” that another individual, “coincidentally, named George Santos,” a man who now resides in Panama City, Panama, was the subject of DOJ’s action today. In addition, the congressman George Santos revealed he will personally leave post haste for the capitol of Panama deputized to arrest the other George Santos which may take, in Rep. Santos’s words, “many months, perhaps many years to accomplish” and thereby, “unfortunately cause me to be absent from the United States for my role in the House of Representatives.”

Quickly, he passed through the exit and into a taxi, on the trail of a dangerous criminal. Who does not wish him well?