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Everything you need to know about the Trump administration's latest controversy.
The Hatch Act is in the news this week due to uproar about potential violations at the Republican National Convention.
The accusations involve three critical RNC moments: Secretary of State Pompeo's speech from Jerusalem, Trump and Melania using the White House as a backdrop, and the inclusion of a naturalization ceremony conducted by acting Homeland Security Secretary, Chad Wolf. However, most Americans have never heard of the Hatch Act, and Trump's Chief of Staff believes that "Nobody outside of the Beltway really cares." So what actually is the Hatch Act, did the Trump administration violate it, and should we care?
What Is the Hatch Act?
By ART CHANCE
The Hatch Act of 1939, "An Act to Prevent Pernicious Political Activities," limits certain political activities of federal employees, as well as some state, D.C., and local government employees who work in connection with federally funded programs. Specifically, those in the executive branch, with the exception of the President and Vice President, must abstain from taking "any active part" in political campaigns while on duty. They may not use their official titles or positions while engaged in political activity or participate in any activity directed at the success or failure of a political party, candidate for partisan political office, or partisan political group while on duty, in any federal room or building, or wearing a uniform or official insignia.
Summarily, the Hatch Act was created to ensure that government resources don't subsidize re-election campaigns, that government aides aren't pressured into campaigning for their superiors, and that government officials don't use the influence of their position to affect election outcomes. It ensures that campaigning and governing remain separate activities.
The Trump administration has a history of violating the Hatch Act. The Office of Special Council, which is responsible for evaluating Hatch Act complaints, has issued members of the Trump administration 13 official citations, and 12 more investigations are underway, not including the potential violations during the Republican National Convention. This is despite the fact that Henry Kerner, the head of the Office of Special Council, is a Trump appointee and model conservative.
The most notable offender is Kellyanne Conway, counselor to the president, who has been accused of violating the Hatch Act over 60 times by Citizens for Responsibility and Ethics in Washington (CREW). She's violated the Hatch Act so many times that even the Trump-friendly OSC recommended she be fired, referring to her actions as "egregious, notorious and ongoing." Her response to the recommendation? "blah blah blah...let me know when the jail sentence starts."
Conway is not the only one.The New York Times reported that Trump officials "privately scoff" at the Hatch Act and "take pride" in violating it, and the Daily Beast reported that staffers flaunt violations because they "love the anger it produces." In contrast, during Obama's eight years as president, only two cabinet officials received official citations, and both publicly apologized for their misconduct.
So now that we understand what the Hatch Act is, let's talk about the specific violations that took place during the RNC.
Secretary of State Mike Pompeo's Speech
Watch Mike Pompeo's Full Speech At The 2020 RNC | NBC News www.youtube.com
Secretary of State Mike Pompeo delivered his Republican National Convention speech from a rooftop in Israel. Pompeo filmed the speech on an official overseas trip, but the State Department said he delivered it "in his personal capacity." He never mentioned his position as Secretary of State, but he did speak to foreign policy in general and Trump's "America First" vision.
Does it break tradition? Yes, Secretary of State Mike Pompeo is the first acting Secretary of State in living memory to give a speech at a partisan convention. Other cabinet members have made speeches to national conventions in the past, but the Secretary of State's role in foreign policy has deemed their participation inappropriate. As Susan Hennessey and Scott R. Anderson wrote in a Washington Post op-ed, "Diplomats are supposed to represent all Americans to the rest of the world, and limiting their political activities ensures that they are able to serve this role effectively."
So does Pompeo's speech break department policy? Yes, According to a 2019 memorandum from the department's Legal Adviser, "Senate-confirmed Presidential appointees may not even attend a political party convention or convention-related event." The memorandum explains that the State Department specifically has a "long-standing policy of limiting participation in partisan campaigns by its political appointees in recognition of the need for the U.S. Government to speak with one voice on foreign policy matters."
Does it violate the Hatch Act? Maybe. The State Department has stated that he delivered the speech "in his personal capacity," which, under the Hatch Act, he is allowed to do. However, because the speech was delivered from Israel on a diplomatic visit, it can be argued that he was on duty, and it is impossible to separate him from his official capacity; therefore, he was violating the Hatch Act.
The Use of the White House Grounds for Campaign Speeches
Melania Trump delivers speech at 2020 RNC www.youtube.com
Melania Trump delivered her speech on the second night of the convention from an unconventional location: the White House Rose Garden. And as his grand finale, Donald Trump delivered his speech accepting his nomination from the south lawn of the White House. Trump has stated that the choice to do the speeches from the White House is simply a matter of convenience since it would be "easiest from the standpoint of security." However, many officials have criticized this action for being a Hatch Act violation waiting to happen.
Does it break tradition? Yes, use of the White House grounds as a platform for a re-election speech is highly unusual and represents a blurred line between taxpayer-supported government activity and political campaigning. The "Rose Garden strategy," a term used by political strategists for an incumbent president's use of official events to gain publicity in an election year, is fairly common. But, using the official events to get media attention is not the same as literally using the Rose Garden for televised campaign events.
Does it violate the Hatch Act? Maybe. The President himself is exempt from the Hatch Act. But any other White House employees assisting in the setup/preparation for RNC speeches are in violation. The OSC has stated that federal employees attending the event are not in violation because the Rose Garden and the South Lawn are not considered part of the White House.
Use of Naturalization Ceremony Footage
Naturalization Ceremony shown at RNC
During the second night of the Republican National Convention, Donald Trump presided over a pre-recorded naturalization ceremony for five new American citizens. The ceremony was performed by acting Secretary of Homeland Security, Chad Wolf, and was filmed inside the White House. The video began with Trump striding up to the lectern while "Hail to the Chief" played in the background.
Does it break tradition? Yes. Using a legally binding ceremony as part of a partisan campaign event has never been done before.
Does it violate the Hatch Act? Probably. Acting Secretary of Homeland Security, Chad Wolf, was acting in his official capacity, clearly on-duty, performing a legally binding ceremony in the White House. Because this was used during a political convention in support of the re-election of Donald Trump, it is a seemingly clear violation of the Hatch Act. White House officials have defended the action in a statement, "The White House publicized the content of the event on a public website this afternoon and the campaign decided to use the publicly available content for campaign purposes." The argument seems to be that because the original intent of the ceremony was not to use it for the campaign, it was not a violation.
All three of the questionable actions mentioned above effectively blur the line between the Executive Branch's role in governing and their role in getting Trump reelected. Even though it is unclear whether these actions were technically violations of the Hatch Act, they certainly violate the spirit of the act. Free and fair elections are the foundational principle of Democracy, but Trump and his administration don't seem to care about the rules in place to keep things fair. Americans deserve a federal government that works for everyone, not one that can't seem to tell the difference between campaigning and governing.
For more well-researched, unbiased information on today's biggest issues, follow Alexandra's Instagram account The Factivists.
Poe's Law strikes again.
In 2005, while debating creationism in a thread on christianforums.com, a writer named Nathan Poe accidentally engineered one of the Internet's most prevailing theorems:
"Without a winking smiley or other blatant display of humor, it is utterly impossible to parody a Creationist in such a way that someone won't mistake for the genuine article."
Whether he knows it or not, that is the effect of his rhetoric
In recent days protestors have gathered in Michigan, Ohio, and North Carolina to call on state officials to end social distancing and shelter-at-home requirements.
It's understandable. The economy is suffering under the strain of the COVID-19 quarantine. It has decimated the stock market and resulted in an unprecedented spike in unemployment, and people want to get back to their lives. They want to reopen the country, and so does President Trump—whose ardent supporters have been among the most vocal and visible protestors. He's worried that if this situation continues on his watch, the economic damage may hurt his chances at re-election, as businesses small and large suffer losses that threaten their very survival. Leaving aside the fact that reopening too early will result in worse economic damage, there is another group that doesn't seem to concern him as much and whose survival actually depends on continuing the quarantine: People. Hundreds of thousands of people.
So when Donald Trump was suggesting that "large sections of the country" could re-open for Easter, it was cause for concern. But with the impact of the pandemic still far from its terrifying peak in hotspots like New York city, it seemed likely that Donald Trump would back off his overly-optimistic stance—and he did.
That's often how things work with Donald Trump. He will make a show of how tough and no-nonsense he is with some dramatic posturing that seems to fly in the face of the experts and will then be cowed by behind-the-scenes efforts to make him see reason. Unfortunately for the country, most of his followers are not similarly attended to by an entourage of people trying desperately to steer them away from catastrophic idiocy. So now that Easter has come and gone and Donald Trump is continuing to hint that he may soon reopen the country—maybe even against the wishes of governors in individual states—chaos was bound to ensue.
While some of the protesters have remained in their cars—honking their horns and blocking the passage of at least one ambulance—others crowded together to scream their rejection of science in one proud voice and one shared cloud of breath.
Chants of â��recall Whitmer,â�� â��USAâ�� and â��lock her upâ�� outside Michigan Capitol. #OperationGridlock https://t.co/7Q7niiNFUF— Malachi Barrett (@Malachi Barrett)1586967874.0
For Donald Trump, the political effect of his latest hints and ambiguous comments about wanting to reopen the country and authorizing governors "to implement ... a very powerful reopening plan" while telling them, "You're going to call your own shots," is that he can have his cake and eat it too. While taking no direct measures to reopen the country amid continued medical advice to extend restrictions, he can still communicate to stir-crazy and cash-strapped supporters that he's doing everything he can for them and that maybe they should talk to their governors.
And that's just what they've been doing. In Michigan—where Operation Gridlock was so effective that even emergency vehicles couldn't get through—protestors directed their frustration at Democratic Governor Gretchen Whitmer, with chants of "Recall Whitmer" and "Lock her up." In North Carolina, at the ReopenNC protest, more than 100 angry citizens assembled to protest Governor Roy Cooper's stay-at-home order and to spread conspiracy theories that the COVID-19 death toll is being inflated—though the opposite is true.
This looks like a still from a horror movie. It's not. It's yesterday outside the Ohio Statehouse. Incredible shotâ�¦ https://t.co/eaQ3n6c8fI— Shawn Mitchell (@Shawn Mitchell)1586883247.0
In Ohio the scene was particularly disturbing, with dozens of protestors gathering at the statehouse in Columbus with Guy Fawkes masks, Trump hats, and signs reading "This is tyranny," and "Quarantine the sick not the Contitution [sic]." Eventually a group pressed close together against the locked glass doors to shout their feelings with no concern for social distancing.
What these people need is financial assistance that isn't delayed by politics or targeted at millionaires and massive corporations, as well as reassurance that the current approach is necessary and effective—that our leaders are unified in following the guidance of health experts. What they get instead, from Trump and top Conservative voices, is constant waffling and hedging about the cost to the economy and tacit endorsement of these dangerous protests.
Important to remember that #Covid-19 epidemic control measures may only delay cases, not prevent. However, this helâ�¦ https://t.co/vhIVsvMt3Q— Drew A. Harris, DPM, MPH (@Drew A. Harris, DPM, MPH)1582868853.0
Just as he has had every opportunity to decry violence done in his name, Donald Trump could end these protests. If he were open and honest about the fragility of our hospital system and our country's best hope of getting through this crisis intact, then he could quell much of this unrest and dispel false narratives equating this virus to the flu or car accidents. Instead he feigns careful consideration while effectively encouraging defiance that will inevitably result in more infections and more death.
Stay home and stay safe.
This year's flu virus is still slated to be a bigger threat.
It's believed that Chinese officials have not exactly been forthcoming about the true extent and severity of the coronavirus, a respiratory illness whose death toll in mainland China has now exceeded that of S.A.R.S. The Chinese foreign ministry has criticized the U.S.'s response of temporarily banning foreign individuals who had traveled in China from entering the country. Chinese officials initially said that U.S. health officials "inappropriately overreacted" and spread unnecessary fear. However, on Monday (February 3) China's elite Politburo Standing Committee admitted that there were "shortcomings and difficulties in the response to the epidemic," according to China's Xinhua news agency. The government said it "urgently" needed medical supplies, such as protective suits and masks.
When the World Health Organization (W.H.O) declared the virus a "public health emergency of international concern," they said its organization "continues to have confidence in China's capacity to control the outbreak." They stated that their concern is about the virus' potential to reach countries with poor health care. In such an environment, the disease could spread rapidly, "infecting millions of people and killing thousands," according to The New York Times.
With over 20,000 cases reported in China and 170 more reported in over 25 other countries, the Centers for Disease Control and Prevention (C.D.C.) has been rapidly updating their findings on the respiratory disease. 11 cases have been confirmed in the U.S. (including 3 in California, 2 in Illinois, 1 in Arizona, 1 in Massachusetts, and 1 in Washington). More cases are currently under review. As of this writing, three New York cases have been sent to the Center for Disease Control and Prevention Laboratory in Atlanta, which is currently the only facility that can confirm a case of coronavirus. The New York City health commissioner has called the virus's presence in the city "inevitable."
But what does that really mean?
The coronavirus is distinct in a few ways, originating in animals in Wuhan, China but demonstrating the ability to spread from person to person once someone is infected. Symptoms present as common flu symptoms, including fever, dry cough, shortness of breath, aching muscles, and fatigue. There have been indications to suggest that individuals infected with the coronavirus are contagious before they show symptoms, but that has not been widely confirmed.
Out of over 20,000 confirmed cases spread across more than two dozen countries, there have been fewer than 500 deaths, with two deaths occurring outside of China so far. Most people infected have been elderly or those with compromised immune systems, and there have been full recoveries from the virus.
In fact, the first American patient confirmed to have the coronavirus has been released from the hospital and is staying in isolation in his home. "I am at home and continuing to get better," the nameless man said in a statement, "I ask that the media please respect my privacy and my desire not to be in the public eye. I would like to thank the doctors, nurses, and entire team at Providence who cared for me. I appreciate all of the concern expressed by members of the public, and I look forward to returning to my normal life."
The flu is more dangerous.
Meanwhile, public health officials underline that the coronavirus presents a low health risk to Americans. More dangerous is influenza B, or the common flu. The C.D.C. reports that 68 children have died of the flu this year, along with an estimated 10,000 adults! Todd Ellerin, the director of infectious diseases at South Shore Health in Massachusetts, told Mother Jones that the flu is "massively outstripping" the spread of the coronavirus in the U.S. He added in a a blog post for Harvard Medical School, "In the US, the average person is at extremely low risk of catching this novel coronavirus. This winter, in fact, we are much more likely to get influenza B—the flu—than any other virus: one in 10 people have influenza each flu season."
The president attended the annual anti-abortion event in Washington, D.C.
Today, Donald Trump became the first-ever president to attend the March for Life.
The March for Life—not to be confused with the very different March for our Lives—is an annual gathering with an ultimate mission to end abortion in the United States. At the national march in Washington, D.C. this morning, Trump expressed that he was honored to be the first president in attendance.
Trump delivered his speech in a very characteristic manner, claiming the venue had maxed capacity, bragging about his contributions to the anti-abortion movement, and describing himself and his presidency with hyperbolic statements: "Unborn children have never had a stronger defender in the White House," he assured the crowd.
"When it comes to abortion...Democrats have embraced the most radical and extreme positions," Trump added.
March for Life's official website says they "celebrate life from the moment of conception to the moment of natural death, and every moment in between," a sentiment underlined in Trump's speech. "We are fighting for those who have no voice," he added. "[The women at the march] just make it your life's mission to spread God's grace." But of course, Trump's words and his actions haven't always aligned: just last November, the Associated Press reported that nearly 70,000 migrant children were held in U.S. government custody over the past year. While Trump may care about the fate of unborn children (or at least pretend to to gain the support of evangelical christians) he has made it extremely clear how little he cares about living children.
#MarchForLife https://t.co/5Yg09dOoJd— Donald J. Trump (@Donald J. Trump)1579889480.0
Donald Trump is the most innocent president of our time.
Amidst the House's mounting Trump impeachment inquiry, only one thing is 100% certain no matter what the facts end up being: Donald Trump is totally innocent.
We know this because he tells us on Twitter, and if there's one thing we can all agree on, it's that Donald Trump never lies (and even if he was pretty much lying 84% of the time, that's only to troll stupid people, and by that I mean college-educated democrats and people who can read).
So who cares if the Whistleblower's statement has been proven accurate in a line-by-line dissection? And who cares if the White House definitely tried to cover up the details of the Ukraine call. If Donald Trump says he didn't do anything wrong, well, he's the president so I believe him. So in celebration of how truthful and honest our President is, and how much I believe him no matter what he says or does, I've made a lot of 5 times that Donald Trump was completely innocent.
The Ukraine Call
If that perfect phone call with the President of Ukraine Isn’t considered appropriate, then no future President can… https://t.co/QfHzQrLk7J— Donald J. Trump (@Donald J. Trump)1569597845.0
If Donald Trump says he didn't pressure foreign governments into interfering with the 2020 election even though he admitted to pressuring foreign governments into interfering with the 2020 election, I believe him. He said it was a "perfect phone call" and I'm not 100% sure what that is but it definitely was.
The Immigration and Customs Enforcement agency detained 680 migrants yesterday. Here's how you can respond.
This has been an unusually horrific week for American immigrants, and that's saying something.
Yesterday, ICE staged its largest single-state immigration raid in history, sending over 600 agents to seven Mississippi food processing plants. 680 people were arrested and detained. They were ushered onto buses, where they had their hands tied with plastic bands; some tried to flee into parking lots but were captured on foot. The detained immigrants will be tried on a case-by-case basis, with no limit on how long they might be kept in ICE custody. As of now, 300 people have allegedly been released.
Many of the detained have children at home, who have been left without their parents. A local school in Scott County that started their academic year on Tuesday has gone "on standby," and bus drivers have been instructed to check whether the child is met by a parent or guardian before letting them off the bus, in order to ensure that the child is not returning to an empty house.
While the children have waited to hear from their parents, some members of the local community have stepped up, including a gym owner named Jordan Barnes, who's helped house some children until they can be connected with a family member or guardian.
Children of those arrested in Wednesday’s #ICE raids near Forest, MS. are being put up in a local gym tonight by ne… https://t.co/Tp2dZEdS67— Alex Love (@Alex Love)1565226559.0
Summer of Deportation
For supporters of the crackdown on illegal immigration, the raids are viewed as triumphs. In July, President Trump told reporters that "[ICE is] gonna take people out and they're going to bring them back to their countries or they're gonna take criminals out, put them in prison, or put them in prison in the countries they came from."
The raids in Mississippi came only five days after a mass shooting that was motivated by racism and anti-immigrant sentiment rocked El Paso, Texas and left 31 dead. They appear to be the climax of a summer of relentless ICE crackdown on migrants across the nation. Currently, the U.S. operates the world's largest immigration detention system, with an estimated 30,000 people in custody on any given day. The raids began in June, with ICE targeting up to 2,000 migrants in 10 U.S. cities.
Image via NBC News
These detention centers have been loci of contention for the past few months in particular. On Tuesday, August 6, over 100 hunger-striking immigrants at a Louisiana facility were sprayed with pepper spray, shot at with rubber bullets, and blocked from contacting their families. Reports of atrocious conditions at the facilities have continued to flood in from many sources.
On Wednesday, just one day before the Mississippi raids, a man named Jimmy Aldaoud—who spent most of his life in the U.S. and had never lived in Iraq, though he was of Iraqi nationality—died in Baghdad, after he'd been left homeless and without access to insulin following his deportation. Aldaoud was detained as part of a massive crackdown on the Detroit Iraqi community. In a video filmed before he died, he appears to be sitting on a street in Iraq. "Immigration agents pulled me over and said I'm going to Iraq," he said in the clip. "I said, 'I've never been there. I've been in this country my whole life, since pretty much birth.' … They refused to listen to me."
What Can You Do?
In the wake of this news, and knowing that the raids will likely only grow worse, you might be wondering what you can do. Here are a few suggestions:
Spread and share information about immigrants' rights.
There are many guides in various formats available to the public that detail immigrants' rights. The ACLU has one, as well as the National Immigration Law Center, and the Immigration Defense Project offers a variety of flyers and pamphlets available for distribution. Essentially, the most important fact to share is that if an ICE agent shows up at your door, you are never obligated to open it unless they have a warrant, and you are never obligated to speak to an officer if they stop you in public. They cannot arrest you without a warrant, and you have permission to tell them that you are exercising your right to remain silent.
As an ally, you can also share stories on social media and among your networks, highlight migrants' voices, do your own research into issues of asylum and immigration and contact your representatives to voice your opposition, especially if you live in a state or community where the raids are taking place. You can find your local ICE community relations officer here and your representative here. You can also use the website 5calls.org to find more people to contact.
Today’s #ICEraids in Mississippi meant that seven year old kids were dropped off at school by Mom & Dad and returne… https://t.co/zrw4DLD8db— Haris Hosseini (@Haris Hosseini)1565237917.0
Quick list of follows in Mississippi re: #ICERaids: @MacArthrJustice @Cliffjohnsonms @ACLU_MS @SEIRN @UFCW @MIRAStruggle— Alida Garcia (@Alida Garcia)1565222188.0
Report ICE raids when you see them.
If you see an arrest, take note of the officers' badge numbers and license plates and take videos. You can also report raids to hotlines, like United We Dream. If you're a legal U.S. citizen, use your judgment to decide when to speak up and get involved in a raid. Recently, in Nashville, a group of community members noticed that the ICE was surrounding one of their neighbors' vans, and so they formed a circle around the car until the agents left the scene.
Remember that it's unhelpful to report potentially false information about ICE raids, as they can spread unnecessary panic, so exercise caution when dealing with raids in real time.
Donate to help migrants.
A lawyer can make all the difference in a migrant's case. Many migrants qualify for legal citizenship in the U.S. and simply are unable to compile the necessary documentation. The Cornell Law School has a list of organizations seeking donors or volunteers. Just be sure to do your research and vet the charity using a site like Charity Navigator.
Get involved in advocacy groups.
Allies can participate in a variety of contexts. There are many organizations that allow allies to help migrants prepare their documents for citizenship hearings, or coordinate groups to attend these hearings, such as the New Sanctuary Coalition and Cosecha in NYC.
If you're an attorney or are fluent in translating Spanish to English, your expertise is particularly valuable to these groups. Even if not, just attending a court hearing can put enough pressure on judges to turn the tide in favor of migrants.
You can also push your local church, school, or community organization to act as a short-term sanctuary for migrants. If you want to give even more, you could look into underground networks dedicated to keeping migrants and refugees safe.
Organize for the 2020 elections.
Though protests and active allyship can be powerful, none of these small actions can replace systemic changes coming from the very top.
The rising tides of migration to the U.S. are not occurring in a vacuum. They are products of policy issues stemming from root sources like climate change, the War on Drugs, and other large, structural issues that require equally large, structural changes.
Even if you don't believe that undocumented immigrants should be allowed to stay in the country, the images of children crying as their parents are dragged away into unsanitary and dangerous prisons should be enough to stir some basic human impulse to react. There is a better way.
How can one commemorate all that D-Day represents while cheering on the nationalist Trump administration as it attempts to dismantle the very alliances America solidified during WWII?
75 years ago today, on June 6, 1944, the Allied forces landed on the Nazi-occupied beaches of Normandy, liberating France and laying the foundation for Allied victory on the Western Front; this operation came to be known as D-Day.
But while many Americans are using the anniversary to commemorate the Greatest Generation's historic valor, it's important to recognize that anyone doing so while continuing to support Donald Trump and the current far-right agenda are blatant hypocrites. After all, D-Day was an international effort against fascism. So how could one possibly justify commemorating all that D-Day represents while cheering on a hyper-nationalist, identitarian administration attempting to dismantle the very alliances America solidified during WWII?
D-Day was a collaborative effort involving the United States, the British Empire, Canada, Australia, Czechoslovakia, France, Norway, and Poland. One might even categorize such an effort as globalist. The allied forces were fighting against an oppressive regime based around white nationalist superiority and discrimination against ethnic and LGBTQ minorities. The Nazis were also notorious for killing non-white children. All of these factors echo actions committed by the Trump administration—but it's different when America does it, right? Or maybe we just need to wait until our atrocities reach the level of the Nazis.
Trump speech on D-DayREUTERS
Meanwhile, the Trump administration is working tirelessly to soil every good relationship America has around the globe, alienating Canada, France––the whole EU, really––and multiple other trading partners. Australia just barely dodged the bullet. Make no mistake, Trump is dictatorially-minded with a penchant for obstructing established government oversight at every turn. The fact that he hasn't done more damage yet is a testament to the tentative functionality of our checks and balances, which he's challenged at every turn. To continue supporting Donald Trump is to support the same ideological basis we fought against during World War II.
The question, then, is how are so many Americans capable of both publicly memorializing D-Day and also supporting Donald Trump? For some, like Senator Lindsey Graham, the answer is likely that they have embraced their own hypocrisy.
But for many, the reasoning is probably far less intentional. Cognitive dissonance is a psychological phenomenon characterized by the discomfort caused by holding two conflicting beliefs at the same time. It's possibly the reason why many Trump supporters double-down when confronted with evidence contradictory to their views. Digging one's heels into the ground and refusing to acknowledge hypocrisy is a much more soothing solution than addressing one's own ideological inconsistencies. This explains how Trump supporters can both love the idea of Americans fighting fascist regimes while supporting a fascist regime themselves. They tell themselves that the Nazis were "real" fascists and then excuse away all of Trump's fascist actions. They further solidify this belief by pretending that left-leaning people are the "real" fascists, because how dare they call Trump fascist in the first place and demonetize hate speech on YouTube.and...women in video games, or whatever.
So what's the best way to really commemorate D-Day, a day when Americans banded together with our global allies to kick fascism's ass? By praising our divisive, nationalist president for reading something off a teleprompter? Somehow, that doesn't seem right. After all, D-Day is about fighting Nazis, not fellating them. Perhaps one could think it over at Wendy's––milkshakes are especially nice this time of year.
While the Fifth Amendment is a crucial marker of individual rights, the lack of clear definitions and changing political landscapes make its application dangerously subjective.
Your right to "plead the fifth" is a constitutional protection against self-incrimination, but it's only one component of the legal provision that safeguards your rights from unjust criminal prosecution.
The Fifth Amendment protects against double jeopardy, being forced to incriminate oneself, prosecution without a jury of one's peers, and eminent domain. The legal precedents establishing due process protect more than just criminals; everyday citizens are protected from abuse of the justice system.
The provision, in full, dictates: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
In 2019, what are the limitations of these protections? Are there exceptions? What situations would require you to invoke them? What should you say to activate these rights?
While some may see "pleading the fifth" as tantamount to admitting guilt, it symbolizes your protection from self-incrimination. Cornell Law School defines the term to mean, "The act of implicating oneself in a crime or exposing oneself to criminal prosecution." When questioned by law enforcement during an investigation or during a criminal trial, an individual may refrain from answering questions or submitting requested materials to officials if it's believed that doing so may result in new criminal charges.
However, issues unrelated to criminal matters are not always protected from self-incrimination rights. For example, tax issues are not covered under the law so as to prevent individuals from withholding materials from the IRS. Furthermore, the law becomes murky when external circumstances could easily influence a person's ability to remain silent. Egregious examples of this right being circumvented include forced confessions and unjust interrogations.
As to due process, it's well known that before you can be found guilty of a crime, a grand jury of 16 to 23 people must be presented the case in private and deem that criminal charges justified. While a grand jury acts as "a kind of buffer or referee between the government and the people," an individual has a right to trial by jury. However, the Constitution's vital dictum against citizens being "deprived of life, liberty or property without due process of law" is only defined through a series of court rulings and provisions.
Of note is that due process protections are designed for individuals and application "in each case upon individual grounds." Sadly, this means that whole groups or communities are not, strictly speaking, as entitled to due process. For example, entire student bodies, teachers, or consolidated groups like protesters can be given treatment outside of lawful protections.
Lastly, eminent domain is the restricted power of the government to take private property and convert it into public use. Under the Fifth Amendment, the government can only use this power if they provide the private owners with fair compensation. However, abuse of eminent domain is fairly common.
For example, in 2019, Donald Trump defended his demand for a border wall separating the United States and Mexico under the right of eminent domain. While it was originally meant to be an economic benefit, there are no codified measurements of what constitutes "just compensation." The seizure of land by the government quickly becomes exploitative and a violation of privacy that's paramount to government theft.
While the Fifth Amendment is a crucial marker of individual rights, the lack of clear definitions and changing political landscapes make its application dangerously subjective. From due process to eminent domain, there are more exceptions than clear definitions of "justice."
The term is typically used to refer to a whole person, not a person's legal status, and so it therefore implies that the person themselves is not a viable human being, thus not entitled to any human rights protections.
The word "illegal" has become a buzzword in modern immigration discourse, a common way of describing someone who has crossed the border into America without papers.
The term is typically used to refer to a whole person, not a person's legal status, and so it therefore implies that the person themselves is not a viable human being, thus not entitled to any human rights protections.
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The term "illegal immigrant" was first coined to describe Jews fleeing during the second world war. "How can a human being be illegal?" asked the writer and Holocaust survivor Elie Wiesel, pinpointing the contradictory nature of the term. In 2017, journalist Maria Hinojosa riffed on Elie Wiesel's description of illegality, stating that "Because once you label a people 'illegal,' that is exactly what the Nazis did to Jews.' You do not label a people 'illegal.' They have committed an illegal act. They are immigrants who crossed illegally. But they are not an illegal people."
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Being labeled as illegal has severe consequences for those who fall under the term's shadow. An "illegal" immigrant cannot demand raises or report human rights abuses at work. Undocumented immigrants face the double pressure of fear of being sent back to where they came from and fear of being 'found out' in their new nation.
The majority of migrants labeled as "illegal" are actually doing work for low wages, and provide services while demanding nothing in return. In practice, their work is similar to mass incarceration, which keeps whole segments of the population out of sight while they perform unpaid labor and are unable to exercise their civil rights.
In the novel Dear America: Notes from an Undocumented Citizen, the Filipino journalist Jose Antonio Vargas outlines the unique stresses and pains that come with living as an undocumented civilian. "This book is about homelessness," he writes, "not in a traditional sense, but the unsettled, unmoored psychological state that undocumented immigrants like me find ourselves in. This book is about lying and being forced to lie to get by; about passing as an American and as a contributing citizen; about families, keeping them together and having to make new ones when you can't. This book is about constantly hiding from the government and, in the process, hiding from ourselves."
Vargas, a successful reporter, came to the US at eight and discovered he was undocumented at age 11; what followed were decades of trying to hide his status until he finally spoke out and became one of the most famous undocumented citizens in the public eye.
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Every single migrant's story is different, and for many people, speaking out is not an option. Many people have to work, to support families or relatives at home, and cannot risk "coming out" as illegal like Vargas.
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Studies have found that undocumented immigrants—especially those of Latinx descent—are especially at risk of mental health disorders due to the unique combination of trauma and secrecy that often plagues their journeys to the United States. As Warsan Shire writes in her stunning poem Home, "how do the words / the dirty looks / roll off your backs / maybe because the blow is softer / than a limb torn off." Although living in an America that calls them "illegal" is preferable to remaining in their native countries, many migrants have written about the psychological impacts of living in constant fear, and of being "found out" on American soil.
Bigotry and xenophobia may be better alternatives than the violence that many migrants faced at home, but defining groups of people as "illegal" is a convenient way to strip human beings of their humanity, the very thing that lies at the heart of the United Nations' Declaration of Human Rights. Peoples who are in flux are especially at risk of getting lost, as official laws refuse to help them; outside of the light of official regulations, people are quite literally disappearing, slipping into the cracks between policy and legal protection.
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Keeping people in the subterranean realms of the criminal justice system or beneath the umbrella term of "illegal," is the result of a cycle that relies on many elements that work to perpetuate it. Xenophobia is one of the important steps that keep this cycle in place. A pervasive distrust of foreigners is a way of creating divisions and continuing cycles of disadvantage. Human rights abuses happen when human beings become faceless, anonymous, and stripped of recognition and legal protection. Rejecting and silencing people because they are so-called "illegal" even if it is not consciously spoken, is a way of selectively subjugating certain voices.
Of course, America has never been open to all migrants. This nation has a history of drawing non-white migrants to it when it needed labor—such as with the Chinese in California during the building of the railroads in the 19th century—and sending them home via acts like the Chinese Exclusion Act once the work was completed. This nation has a history of silencing certain groups, making it so they have no chance to even take a crack at the American dream.
Everyone is allowed to use language to express their beliefs—that's one foundational premise of the American experiment that everyone can agree on (though of course in practice it gets more complicated). Language is always political, and the word "illegal" carries powerful implications that it should at least be understood, not thrown around as an abstract umbrella term.
Eden Arielle Gordon is a writer and musician from New York City. Follow her on Twitter at @edenarielmusic.