The darkness and doom of the Bannon-Miller Inaugural address, while at odds with the realities of US life in many communities, strikes an emotional chord among those whites who are swirling in the displacement of their own communities that are strangely transformed by shuttered businesses, abandoned houses and often, HIspanic laborers. Steve Bannon and Jeff Sessions have poured enormous media resources into exploiting that anomie to advance their agenda of an American nation state which is essentially white supremacy retooled with a dash of wealth transfer to the top 1%. [For more on their definition of nation state see post The Mysterious Steve Bannon Peeked Out From Behind a Curtain] Jefferson Beauregard Sessions has modernized his Alabama heritage; risen as a phoenix from the remnant ashes of the flames of the civil rights movements. In the near Armageddon scenario which the two envision, they evoke the need for emergency measures to justify executive orders to ban immigrants as well as eradicate a veritable mountain of regulations that constrain corporate assaults on middle and working class incomes and the environment while rolling out the deconstruction of the federal government. Health insurance and medical care are early on the chopping block with the Ryancare proposal.
The Brothers in Arms are on a mission to Make America White Again; to preserve America’s white protestant culture from the onslaught of the brown peoples of the world. Never mind that the white man came late to the continent, stole it from brown people, built the nation with the labor of Black people and financed it on their bodies by bonds, securities, banking and manufacturing markets that spurred the Industrial Revolution. But isn’t possession nine-tenths of the law?
How did Jefferson Sessions and Steve Bannon become Brothers in Arms? Sessions, while Alabama senator, was a regular Breitbart reader and credited it as a major force in defeating a Congressional bipartisan immigration reform effort in 2014. Bannon and Sessions had known each other for over 2 years when, working with Stephen Miller, a top Session’s aide, they jointly developed a strategy to block immigration reform. Breitbart writers met with Sessions’ staff weekly during that period. Immigration for Sessions and Bannon was a central issue in their shared vision for a Christian European US.
Sessions was years ahead of his Senate colleagues in pitching his worldview when he proposed a Senate bill to curb legal immigration while they were focused on illegal immigration. Sessions reaches back to the 1924 immigration quota system which barred Asians and tightly limited the entry of Italians, Jews, Africans and Middle Easterners to find an example of what is good for America, in what he perceives to be a dangerous period of transition hurtling toward white men losing the reins of control. Bannon is right on the same page; “A country is more than an economy. We’re a civic society” Bannon said on the radio with Trump in 2015. He quoted a figure that ⅔ or ¾ of the CEOs in Silicon Valley were from Asia and South Asia as indicative of a serious problem. These figures are of course exaggerated as Breitbarters are prone to do.
In August of 2015, Bannon saw Trump as a potential presidential candidate to support. After Sessions crafted an immigration policy for Trump which included extensions beyond the usual Trump rhetoric to visas for high-skilled workers, he became the first Senator to endorse the RealityCandidate. Later that month, Bannon took over Trump’s campaign.
Now, all three, Bannon, Miller and Sessions have ascended to the right hand of President Trump with Bannon probably the most influential advisor he has. The idea that minority and foreign-born residents are the key internal threat to America is what brought Sessions and Bannon together. Both are horrified that the white population is on the brink of becoming a minority in the country that they hold dear. In their view, white people own this land, as a right.
There is no question that the immigration narrative is unabashedly about race, as an unconstrained by political correctness Breitbart declares. The reality about immigrants is that undocumented Mexican immigration has been falling since the Great Recession and that immigrants are less likely to commit violent crimes than US citizens. While they may have a small downward impact on wages of non-high school graduates, immigrant additions to productivity increase the pay of more educated workers by up to 10% and serve as engines of economic growth and entrepreneurship. In addition to the taxes they pay, many contribute taxes to Social Security through falsified Social Security numbers. These are benefits that they can never collect; they are essentially an investment in senior benefits. And their wages make them solid consumers.
Team S&B are working on several fronts. One, the Wall to keep out southern immigrants and massive efforts to export undocumented immigrants. They wound up their white supporters with misinformation that pointed to this group as one of the major threats to their security. Misinformation because the largest group of undocumented immigrants arriving in the US now is from Asia, including Indians, who overstay their visas. One advantage to Asians and Indians for the government pair to consider is that both groups have remained semi-enclaved and have not influenced the American cultural milieu to any great extent; the downside is that they bring several non-Christian religions. They have not been overlooked, Sessions and Bannon are shifting to widen their focus in restructuring immigration laws with proposed changes to visa programs which would discourage importing STEM based workers using the rationale that they displace US tech grads. Numerous Indian firms contracted with US companies to provide cheaper computer based workers are extensive users of H2B visa programs.
While Homeland Security is the home of immigration agents, the DOJ plays a significant role in deciding who stays and who goes. Recall, that the Trump executive orders expanded the definitions of immigrants who could be detained to include the discretion of the officer on scene. But Sessions will have a major role in DOJ oversight of the nation’s immigration courts. The original guidelines called for the dispersal of a surge of judges to the border to speedily remove people back from whence they came before they had a chance to become enmeshed in clogged immigration courts where long intervals until hearings allow people to melt away into the fabric of a community. This nominal legal process has now been expanded into the interior.
Before any expansion to meet these needs, the 397 immigration judges had a 2 year backlog of cases and 20% vacancy rate. The probability that the judgeships will be exempted from the hiring freeze and additional resources allocated is questionable. Budget conscious Republican Congressmen may want to spring for more border guards but balk at funding judges and courts. The lack of resources could furnish a rationale for Sessions to move to streamline appeals by expanding the cursory review process used during the Bush era. The point is to make it harder to stay outside of concerns for immigrant rights or an appeals process. For Sessions, a seasoned trampler of rights when he finds it convenient, the objective is to wall off immigrant entry until the Great Wall can bring the iron curtain down.
For undocumented immigrants from south of the border, aggressive ICE raids are designed to make their targets feel hunted and unwelcome, fearful to live their lives as they have. Sessions has conceded as much; it’s an effort to get them to “self-deport”. Remember when Romney was ridiculed for that suggestion. His remarks were made without the full weight of law enforcement now in Sessions’ merciless hands. The February 20 guidelines call for immigration agents to refer “appropriate cases for criminal prosecution” which, in some cases, holds the prospect of long prison terms, obviously a worse alternative than deportation.
Here again, Jefferson Beauregard’s home state Alabama led the way in scare tactics with the most restrictive immigration law in the country passed in 2011. The law mandated arrest for those without proper documents who could be stopped while driving to check for documents and required proof of citizenship to register a child in school or interact with a government agency. And it worked; immigrants scattered to surrounding states. The Obama DOJ successfully sued Alabama blocking most of the law. If Sessions’ is successful on the national level, Alabama’s law will be extraneous.
Sessions may also find a way to repurpose Obama’s DOCA waiver for children brought to the US illegally by their parents into a search and seizure list. New York was so concerned that they expunged information from their database after Trump’s election.
Another front for the cleansing of America is to keep out those who are not white protestants. The ban on immigration from Muslim countries is a naked gun. The crusading White Guys felt the ground had properly been seeded to come out with guns blazing. The essential arguments had been plowing the ground throughout the campaign: Radical Muslim terrorists, and by extension any Muslim because they all look alike, are the biggest threat to the ordinary citizen. The country can’t afford to allow any more Muslims. Those that are here not only provide cover for terrorists, they produce them on our own soil. The Muslim religion, if one accepts that it’s a religion at all, has strange traditions that encourage violent practices. The religion, the dress, the culture is unAmerican. These are the staple building blocks of Steve Bannon’s nation state- Us versus Them.
It appears that Congressional representative Steve King also caught the nation state bug when he tweeted “we can’t restore our civilization with someone else’s babies”, a statement on which he later doubled down. In a nutshell, if Americans want to save America for white Americans, they’ve got to get busy making more babies, just as King said later. There’s some truth in that; whites are reproducing at a zero population growth rate which means they will not have enough children to retain the same population proportion into the future. Hispanics, on the other hand, have the highest fecundity rate in the country which means that they are having proportionally more babies than other groups and the percentage of Hispanics in the population is rising fastest. And of course, their numbers are also being augmented by immigration. Worldwide, Muslims have the highest fecundity rate, well on the way to becoming the religion with the largest number of followers. Muslims are having more babies, even in the face of multiple wars and large refugee camp populations living with food shortages, poor sanitation and lack of medical care; neither of these circumstances seem conducive to rampant reproduction.
The long term investment in the narrative led the Sessions, Bannon and Miller cabal to believe they could whip out their Muslim ban executive order as a surprise. In part, this may reflect that the nexus of the proposal was the Strategic Initiatives Group. What is the Strategic Initiatives Group? It is a new White House policy think-tank that operates under the auspices of Bannon, Jared Kushner and Reince Priebus, former RNC chair now Chief of Staff. No doubt, the latter is a perfunctory nod to the party, so it has some idea what the administration will be rolling out. Just in anticipation of mop up spin with the media. The group is run by Christopher Liddell and includes Sebastian Gorka, a self proclaimed terrorism expert writer for Breitbart, who followed his mentor into the White House. Apparently, Kushner has been working closely with Bannon for a couple of years. Kushner, as a Trump family business son-in-law, has operated completely out of sight in business circles and apparently political circles as well. A strange position for a Jew, since historically, racial purity philosophies eventually get around to Jews and there have been no exceptions.
With the government outsiders now insiders, they ignored customary government protocols and common sense implementation policies when they immediately executed their Muslim ban. Missing in the SIG decision making was input from NSC members, DOJ lawyers and Homeland Security as the primary implementation arm at the borders including airport security and immigration and border enforcement. The airlines could have used a heads up as well. Sessions thought he could be the stand-in for the DOJ, clearly a bit of an overreach.
The result was massive disruptions at US international airports that precipitated not only massive airport demonstrations by those who had not drunk the Make America White Again koolaid but also created multiple sympathetic narratives of long term permanent residents, Iranian allies who assisted American troops and parents reuniting with families rebuffed at the gates. Perhaps worse, were those trapped at originating airports with visas that were suddenly invalidated.
The executive order, like some of Sessions earlier efforts, ran afoul of the Constitution and was almost immediately enjoined. This sent the Band of Brothers back to the drawing board, to come out with a more structured order with the intent better disguised. This time, they included responses to adversarial legal arguments. Of course, court challenges were filed immediately and that has thus far not gone their way either. Still, immigration officials have been exercising their prerogatives at border crossings, harassing Middle Eastern looking travellers with demands for passwords to digital devices to view content, judged acceptable or unacceptable by border agents to enter. This type of activity has discouraged what used to be routine trips across the Canadian Border for work or shopping.
Turning to another piece in the American nation state puzzle, crime, in the eyes of the S&B bosom buddies, always attributable to colored people, is another harbinger of civil society collapse. The immigrant narrative, both Muslim and Hispanic has been laced with the language of crime. Terrorism looms large, but so does the rapist, drug dealer and gang crime narrative that glorifies the Trump Wall and deportation raids.
Once again, crime is resurrected in the traditional assault on African Americans. While Breitbart, a leader in racial propaganda, has articles, often false, about violent Hispanic immigrants, the site also features specifically tagged articles called “black crime” and #BlackLivesMatter demonization as “blood-lusting junkies”. That is a return to characterizations of old, like the tried and true rapist Black buck, who has threatened white women since slavery. Civil rights activists were always called outside agitators, lawbreakers, criminals who deserved the vicious law enforcement meted out by local sheriffs and police. Technically, of course, they were breaking the law since Jim Crow laws prohibited African Americans from “loitering”, congregating, service in “white only” facilities and voting. But their viciousness of the response was grounded in that all out assault on the southern way for life.
The Reagan era ushered in “tough on crime” language and the “war on drugs” that featured drug addicts and dealers with their associated criminal activities while adding welfare cheating mothers. Later it became clear that the Reagan administration was responsible for the crack epidemic as part of a CIA operation to overthrow the Sandinistas in Nicaragua. In order to fund weapons for the Contra rebels, the CIA helped set-up cocaine distribution networks with Panamanian ruler Manuel Noriega who transported weapons to the Contras paid for by Colombian cocaine distributed through the LA Bloods and Crips who converted it to crack. Oliver North, deputy director of the National Security Council, ran interference to ensure that the DEA and FBI did not interfere with the CIA supported drug trafficking operation. Who would have thought that Ronald Reagan dropped crack into American ghettos to create his “War on Drugs”, all in the service of overthrowing an anti-dictatorial regime in Nicaragua?
A new phrase “black on black crime” became fashionable, as somehow different from any crime. And as the prison-industrial complex exploded under Bill Clinton, not to be outdone by Republicans, nightly news showcased video of thousands of African Americans, arrested in raids, drug busts, robberies. In the broadcast world, 99% of crimes in the US are committed by Blacks; the exceptions are white collar crime, seldom publicized or prosecuted.
In the latest iteration, we have the “cop killing Black”-#bluelivesmatter. Sessions has loudly chimed in to condemn assaults on racially discriminatory justice system practices that fuel the prison-industrial complex and opposed effort at criminal justice reform, warning against “signing death warrants for thousands of American innocent citizens.”
The Justice Department will be Grand Central for Sessions nationalist plans. Here is where the grip of law enforcement on minority communities will be tightened and shifted away from Obama initiated department programs addressing discrimination in law enforcement. Here, too, the judicial pursuit of voting rights enforcement will be replaced with enhanced efforts to disenfranchise minority and poor voters. Here, too, extreme limitation of immigration can be enforced and confirmed by judicial action while accompanied by aggressive ICE raids to enforce immigration laws under the guise of exporting criminals. It’s no accident that Sessions selected the DOJ for his Cabinet post. With the evocation of our national emergency, the path is paved to expanded powers. It is a post that will define who is an American and what rights they have. The Sessions DOJ will likely become a fortress buttressing the majority, such that majority can rule, rather than act as the defender of the minority as it has sometimes, but not always, functioned in past years stretching back to the days when it first established under President Grant to enforce Reconstruction.
Within the Justice Department is the Office of Solicitor General which decides federal positions in appeals and Supreme Court cases as well as the Office of Legal Counsel which advises the president on the legality of his actions. Both will be critical in the Bannon-Sessions collusion to reframe Court decisions to favor the majority. As an aside, they will also be central to the support of 45’s business exceptionalism and his roughshod trampling of ethical conduct standards for his staff, Cabinet and himself. The Justice Department employs over 10,000 attorneys. Some may find it difficult to make a legal about face from the Obama Administration perspective and those who are resistant, will become victims of departmental budget cuts or simply be pushed out, similar to firings under Bush 43 for failure to mount cases alleging voter fraud. In fact, recently Sessions called publicly for the 44 remaining politically appointed attorneys to resign.
The Justice Department under Obama pursued use of excessive force, unlawful arrest and racially discriminatory policing investigations in 25 departments with 20 investigations resulting in consent decrees, legal agreements that entail remedial changes monitored by the courts. Sessions has been outspoken in his opposition to any suggestion that police officers discriminate in policing, with Trump garnering endorsements and then votes from nearly 90% of the law enforcement community. Sessions has called court-monitored consent decrees, which have been used in desegregation cases as well, “one of the most dangerous, and rarely discussed, exercises of raw power.” He sees the core offense as federal interference with policing, not the systematically unlawful behavior by police. It’s a short leap of imagination to think police departments will feel unleashed to stop and harass Black men without indication and to shoot more unarmed Black men, just as they have done since Reconstruction and further, to ramp up violence in confrontations with increasing numbers of protesters, particularly those of color.
On another front, after delaying the hearing, Jefferson Beauregard’s Justice Department announced that it would reverse its position on the Texas voter discrimination case pending before the Supreme Court, from supporting the key claim that the voter ID law was designed to discriminate to denying the claim. The delay, of course is to await the new Supreme Court Justice, since a tie would leave the federal ruling against disenfranchising voters in place. Trump’s outrageous assertion that 3 million fraudulent ballots were cast in the presidential election, the exact number of Hillary Clinton’s popular vote margin in the election, is only a single shot of Republican rhetoric since 2008 that spearheaded the onslaught of voter ID legislation in multiple states. Steve Miller, a junior bosom buddy, has claimed falsely that “14% of noncitizens” are registered to vote.
Republicans can’t be faulted for continuing to pursue their winning strategy of voter disenfranchisement that netted them the presidency, all but 5 state governorships and domination of those state legislatures. These efforts will continue in state legislatures, particularly because federal court suits are the only recourse to overturn voter ID legislation or redistricting, now that enforcement under the Voting Rights Act was gutted by the 2013 the Supreme Court decision in Shelby County v Holder, Sessions’ own county. They are hoping for an assist from the new Supreme Court justice. The courts are slow with decisions handed down long after the votes have been cast and elections lost. It is yet another piece in retaining control of the nation state’s quest to permanently alter the country’s future. Sessions has also signaled his intentions by selecting attorneys for interim heads in the civil rights division who have a record of defending voting restrictions. The Alabamian has his own early history, as a US attorney, who prosecuted Black civil rights activists for voter fraud.
At this point, the coast is clear for The Brothers in Arms to pursue their goals. Opposition from Congress is laughable unless 2018 brings some backbone into their chambers. While the courts have been the most effective stop gap, opposition is likely to diminish with time. The Supreme Court Justice appointment is merely the tip of the iceberg. There are hundreds of vacant federal court judgeships and older judges who may soon retire. 45 is posed to appoint a greater share of federal judges than any first term president in 40 years. And with the “nuclear option” poised to eliminate filibustering of court appointees, the field is open to fill the federal court system, for a long into the future with Republican partisan judges hostile to minority rights and friendly only to the interests of corporations and the wealthy.