American Elephants


A Federal Judge Issues”Stinging” Order for Department of Justice Lawyers to Study Ethics in Five Years of Classes. by The Elephant's Child

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We have immigration laws, but President Obama does not like them. He issued  Executive Actions on November 20, 2014, and February 16, 2015, and DHS began implementing part of the President’s plan—issuing 108,999 three-year work permits to DACA applicants. He was addressing the approximately 4.4 million illegal aliens living in the U.S. without documentation. An alien living in the U.S. without documentation can apply to be eligible for “deferred action which will allow him to remain in the U.S. for three years. Based on that DHS will defer for 3 years the individual being removed from the country. Decisions would be made on a case by case basis. (DACA was Deferred Action for Childhood Arrivals. DAPA was Deferred Action of Parents of Americans, or anchor babies) Conservatives call it “executive amnesty.”

In December 2014, Texas and 25 other states filed a lawsuit in the Southern District Court of Texas to block these power-grabs.

The main grounds for their suit were the costs of issuing driver’s licenses and other associated costs of giving the undocumented immigrants legal status. Other issues being considered included exceeding executive power, failure to adhere to rulemaking procedures, and standing — the right of the states to challenge federal immigration policies.
On February 23, 2015 Judge Andrew Hannan issued a temporary injunction blocking both programs from going into effect. Current requirements would remain unchanged and DAPA would not be implemented.
The DOJ has since admitted that the Department of Homeland Security (DHS) violated Judge Hanen’s injunction. Specifically, it filed an Advisory on March 3 informing Judge Hanen that, despite having assured him in open court and in written pleadings to the contrary, between when the President announced his Executive Action on November 20, 2014, and February 16, 2015, A Federal Judge when the injunction was issued, the DHS had begun implementing part of the President’s plan – issuing 108,000 three-year work permits to DACA applicants.
Judge Andrew Hannan blasted DOJ officials for misleading the court in a truly stinging opinion. He said the Obama administration launched it’s executive amnesty program behind the court’s back, lied about it, and granted lawful residence to more than 100,000 illegal immigrants.
Judge Hannan ordered the Department of Justice to provide lists of each affected illegal alien in each of the states , requiring each DOJ attorney to take additional legal ethics courses for a period of five years, and ordered Attorney General Loretta Lynch to produce a comprehensive plan for ensuring that similar misconduct would not happen in the future. The court did not have the power to disbar the individual lawyers who lied to the court, but it did revoke their permission to appear in the case. That is a powerful rebuke, and a shameful thing to have on your resume.
But for the Left it’s a matter of social justice, and Liberals are morally superior, and the ends justify the means.


Does Anyone Remember Who Spoke at their Graduation Ceremony? by The Elephant's Child

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As long as we’re looking for the lighter side of the current Political Campaign, President Obama just gave the commencement speech at Rutgers University. It must be exciting for new graduates to have the President of the United States speak at their ceremony.

After a couple of obligatory congratulations to the graduates and the name dropping of their favorite watering holes and greasy spoons, the President used his speech to tear into Donald Trump’s trade agenda, his Muslim ban, and his planned great big wall on the U.S.-Mexico border. He didn’t mention Mr. Trump by name, but it was rather obvious.

‘The world is more interconnected than ever before. And it’s becoming more connected every day. Building walls won’t change that,’ Obama said.

‘To help ourselves, we’ve got to help others, not pull up the drawbridge and try to keep the world out,’ Obama said.

He added:

‘It’s part of human nature, especially in times of change and uncertainty to want to look back at a long forgotten imaginary past when everything worked and the economy worked,’ Obama said.

And America did pretty much whatever it wanted around the world. Guess what, it ain’t so? The good old days weren’t all that good.’

As Mr. Obama was deploring Mr. Trump’s wall, the Secret Service is proposing to replace the White House Fence to double its height, from the current about six feet to nearly 14 feet and provide other measures to deter would-be intruders. “They want to build a fence that is tougher, taller, and stronger.” A great big fence.  The old proverb is “good fences make good neighbors,”used by Robert Frost, but not exactly what either the Secret Service nor President Obama has in mind. But then, perhaps I’m just easily amused.

I vaguely remember who gave the graduation speech at my college commencement, but cannot remember his name or what he said. What I do remember most clearly of that day, was getting bombed by a seagull who deposited an indiscretion on my cap and gown. Maybe the Rutgers grads won’t remember a thing either.



A Truly Weird Electoral Season. by The Elephant's Child

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They are voting in Indiana, and the polls will be closing soon. I do not understand this presidential campaign at all. We are told that the people are really angry. According to the media and Donald Trump, they are angry about illegal immigration, and unfair trade policy that is negatively affecting our country. According to exit polls, the people are not particularly concerned about immigration as it is far down the list of concerns, and majorities prefer a path to citizenship.

Mr. Trump is going to build a huge big wall. And he is going to put big tariffs on any country that isn’t being fair. He’s going to be nicer to our friends so we will be closer, but he will insist that they pay a larger share of  the cost of protecting them from radical Islam. He liked World War II and the Cold War, but is against any foreign adventures since.

What the people seem to be angry about is the economy, the lack of jobs, jobs going to immigrants, they are fearful about terrorism, angry about the ridiculous hooplah over women’s restrooms being open to men, the increased cost of ObamaCare, the lack of jobs and economic growth, and increased inflation while salaries have not risen at all. Jobs have vanished on coal country, employment is down in oil and gas country because of the drop in the price of oil, some manufacturing jobs have gone overseas because of high corporate taxes, and some high-tech jobs have gone to H1-B immigrants.

All of these problems are the direct result of policies of the Obama administration. The stimulus didn’t work. Republicans warned that ObamaCare was not going to work and would cost more, not less; every Republican voted against he initial law, and have voted to repeal the act five times, Obama has vetoed their efforts each time. Jobs have gone to offshore companies as a direct result of the highest corporate tax in the world. The rise of ISIS and the war in Syria and the Middle East is a direct result of Obama pulling the troops out of Iraq too soon. President Obama vowed early to bankrupt the coal companies, which he has done in a misguided and fruitless battle against catastrophic global warming which exists only in the computer programs of the IPCC. And in refusing to utter the words Islamic terrorism, Obama has skewed all of our perceptions of  the Middle East and what is happening.

So the people are furious with the Republicans? Huh?

They blame the policies of the Obama administration on the Republicans? They don’t think the Republicans have done enough to stop the administration?

This is the first time, as far as I know, when a President of the United States has deliberately decided that “he has a phone and a pen” and he will accomplish by executive order or actions of agencies whatever he wants, and that he will pay no attention to the Constitution of the United States of America, because he believes it to be a tired old document that needs repealing or fixing.  The remedies available are to proceed through the courts in one lawsuit or another or to impeach the president. The Republicans have voted to repeal ObamaCare five times, Obama has vetoed every bill.

Results are in from Indiana, and Donald Trump has enough votes that he will be the presumptive nominee, for he is sure to pick up enough from states like California and Washington, for example, from the remainder of states left.  Ted Cruz has suspended his campaign.

I am not and have not been a Trump supporter. I do not understand what they hope for from what little Mr. Trump has had to say in his speeches.  His supporters seem to put a lot of faith in “Make America Great Again”  and “America First” which was a discredited slogan from  the America First Committee which was highly non-interventionist in the days just before World War II. I guess they see it as patriotism and strength. I see it as lacking in evidence.

We’ll see. Mr. Trump hasn’t even released his tax returns, and is due to face trial for fraud regarding his promotion of Trump University.  But then the case against Hillary proceeds slowly as well. What a weird, weird electoral season.



Communicating With the American People: We Don’t Like Being Lied To! by The Elephant's Child

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“The rate of real economic growth is the single greatest determinate of America’s strength as a nation and the well being of the American people.” President Obama has not delivered a single year of 3,0% growth. The Commerce Department reported that the U.S. economy expanded at the slowest pace in two years, rising at an anemic 0.5% rate after a 1.4% fourth quarter advance. Not good, and one of the reasons why so many people are angry.

From Investors Business Daily:

Legacy: The same day the 0.5% GDP growth came out, President Obama is quoted in the New York Times saying the country has done “better” than “any large economy on Earth in modern history.” Delusional doesn’t begin to cut it.

The only real problem with the economy, as far as Obama is concerned, is that he hasn’t been selling his successful policies aggressively enough.

“We were moving so fast early on that we couldn’t take victory laps. We couldn’t explain everything we were doing. I mean, one day we’re saving the banks; the next day we’re saving the auto industry; the next day we’re trying to see whether we can have some impact on the housing market,” he told the Times’ Andrew Ross Sorkin.

Investors added that Obama didn’t “save” either industry. His only contribution to the GM and Chrysler bankruptcy process was to protect union interests at taxpayer expense. Dodd-Frank killed many, many community banks. The stimulus was an enormous expense and accomplished nothing at all.

At a townhall meeting in London, Obama was asked about what he wanted his  legacy to be after eight years.

There are things I’m proud of. The basic principle that in a country as wealthy as the United States, every person should have access to high-quality health care that they can afford — that’s something I’m proud of, I believe in. (Applause.) Saving the world economy from a Great Depression — that was pretty good. (Laughter and applause.)

Well, laughter indeed, but no applause. In early days, Obama was hailed as a great communicator. He was even awarded a Nobel Peace Prize for merely talking about peace. As Noah Rothman said today at Commentary:

The image of Obama as the left’s Great Communicator was always a fabrication. Given how often Obama himself has admitted his persuasive skills have failed his supporters, you might think this invention of a center-left media would have long ago been buried. Yet, it remains with us even today. Born out of a wish and unresponsive to falsifying evidence, the idea that Obama was somehow a marvelously successful communicator will probably be with us long after the president leaves office.

Mr. Trump’s foreign policy speech was similarly hailed as strong and wide ranging.  A lot of people believe what Mr. Trump said, and they’re wrong.

Mr. Trump: “NAFTA, as an example, has been a total disaster for the United States and has emptied our states — literally emptied our states of our manufacturing and our jobs.  Not true.

The North American Free Trade Agreement went into force January 1, 1994. According to the Bureau of Labor Statistics, these were the numbers at the end of December in 1993:

  • Manufacturing employment: 16.8 million
  • Labor force participation rate: 66.4%
  • Unemployment rate: 6.5%

These were the numbers at the end of December 2000:

  • Manufacturing employment: 17.2 million
  • Labor force participation rate: 67.0%
  • Unemployment rate: 3.9%

After seven years of NAFTA, unemployment was down, more people were in the labor force, and there were more people who were employed in manufacturing. In year 8 China joined the World Trade Organization, and problems came from that. This is when the drop in trade came. China is not a good economic partner, but the Obama administration is negotiating an investment deal with China. Either they should stop or Congress should stop them. In any case, Mr. Trump is plainly mistaken on his major arguments.



We Need a Remedial Course in Knowing, How to Retain Knowledge and What to Do With It. by The Elephant's Child

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One of my perennial worries is about the state of knowledge. The world is, of course, always changing, but what has changed most dramatically is the flow of information.

We seldom give it a thought, but in the early days of the republic, news was transmitted by horse and rider, or coach.  And then the town crier  cried the news —and the simple word of mouth. Most people didn’t  have books, except for the Bible. The Revolution, the making of the Constitution, the War of 1812 all happened without telephone or radio to spread the news. The new Capitol in Washington D.C. was burned by the Brits, and it took days or weeks for anyone to find out.

The great Civil War took place entirely without a radio or a telephone, no newsreels, but there were newspapers and magazines, and even new photography, which has left a first visual record for us. There were railroads, and canals and roads.

Alexander Graham Bell invented the telephone in 1876. Most people thought it was little more than a toy, but they soon began to install telephones in their towns, homes or businesses. The first one appeared in Appleton, Wisconsin in 1877 when a banker ran a line from his home to his bank.

The first transcontinental telephone call took place in 1915 from New York to San Francisco. In 1948 Bell Labs’ Claude Shannon published a landmark paper on “a Mathematical Theory of Communication” which provided mathematicians and engineers with the foundation of information theory which sought to answer questions about how quickly and reliably information could be transmitted.  Direct long distance dialing came about in 1951, and the first transatlantic telephone cable was installed between America and Britain.  It took 3 years and $42 million to plan and install using 1,500 miles of specially insulated coaxial cable.

The first television was introduced at the World’s Fair in 1939, but TV didn’t become common in people’s homes until the 1950s and sixties. The first public tests of a cellular phone system took place in 1978, and it wasn’t till the year 2000 that we finally reached 100 million cellular telephone subscribers.

Even the millennials probably know a little something about the history of the computer, but the kids in college who are protesting freedom of speech, don’t want to hear disagreeing words, need “safe spaces” and think buildings or statues, or crests that remind us of people who thought incorrect things in the past, should be removed.

Even Democrat Attorneys General and Rhode Island’s Senator Whitehouse are out to stamp out the utterances of those who have the gall to deny that a warming climate is going to destroy the earth.

The absurdity in the nation’s colleges and universities is happening at the rare time in our history when we are completely connected to all the information in the world, in an instant, at our fingertips. They are connected to networks of friends wherever they are and to thousands of people they only know through their devices.  Mine’s a tiny computer — roughly 2¾” by 5½”— and I can carry it around in my pocket, and talk to anyone in the world, and call up information from practically anywhere. But how am I supposed to know what is true and what is false?

We had to find out for ourselves how to deal with this flow of information and the even greater flow of advertisements and enticements and lies and scams. But we have had all the years of our lives to get used to things gradually.

Our schools, which are supposed to be the foundation of knowledge, have drifted off into realms of “social justice” and “diversity” and “white privilege” and women’s studies and black studies and college tuitions that range upwards from $50,000 to $60,000 a year and more, to receive less and less in the knowledge department.

Yet they are not only NOT teaching how to manage this flow of words and pictures and ideas, but don’t seem to recognize that the world has changed and they need to fill the kids on the past and how we got here as well as how to cope with the present and plan for the future.

Handwriting is out, ancient history is gone, what use is geography when you can call up Google maps in an instant? Social Justice isn’t even real. There is only one ‘justice’ which is found in the Constitution and the body of laws and in the courts. Students at Stanford (Stanford!) have petitioned for the return of Western Civ. Shakespeare is mostly gone, and Churchill is completely out of fashion. Yet there are more remedial courses in colleges than ever before, because too many students arrive unprepared to do college level work.

A political campaign is a bad time to bring up this subject, but it is the moment of our highest awareness. You can’t help but notice. When Hillary is attempting to make equal pay for women a central part of her campaign — and is unaware that it has been the law since 1963, She mentioned last year that Muslims have nothing to do with terrorism, more than once, in spite of the obvious facts of 9/11, Paris and Brussels. Bernie Sanders is espousing the most discredited political system the world has ever known, which is failing before our eyes in Venezuela, and Cuba, and other countries around the world.

I picked up a book a while back called Too Big To Know by David Weinberger, read some bits and put it aside to read later. Guess I’ll have to read it now.Here’s one paragraph from the Prologue:

So we are in a crisis of knowledge at the same time that we are in an epochal exaltation of knowledge. We fear for the institutions on which we have relied for trustworthy knowledge, but there’s also a joy we can feel pulsing through our culture. It comes from a different place. It comes from the networking of knowledge. Knowledge now lives not just in libraries and museums and academic journals. It lives not just in the skulls of individuals. Our skulls and our institutions are simply not big enough to contain  knowledge. Knowledge is now a property of the network, and the network embraces businesses, governments, media, museums, curated collections, and minds in communication.

I wouldn’t have chosen the words ‘exaltation of knowledge’, nor described it in quite those terms, but I’ll have to read the book. I’ll report back when I have.

*The photo is of the Old Library, Trinity College, Dublin, and those are the stacks.



Hillary Wants To Remove “Barriers” to Citizenship for Illegal Aliens by The Elephant's Child

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Hillary is moving farther and farther to the left to compete with Bernie Sanders as she pushes for votes in New York. The former Secretary of State announced that she would make it easier for immigrants to become citizens in a meeting with New York activists. She promised to “make it a priority to create a new federal agency which would knock down  ‘all the barriers’ to citizenship, especially for all those Americans in Waiting who are in the country illegally.”

“The hassle of becoming a citizen is sometimes overwhelming,” Clinton said, referring to the millions of immigrants in the United States who are eligible for citizenship but have not applied. “We should not add a series of barriers.”

“I’m using this campaign to knock down all the barriers,” she added.

Clinton touted her plan to create a new federal agency called the Office of Immigration Affairs to streamline services to both legal and illegal immigrants in the Manhattan meeting, which was timed just ahead of a New York primary in which support of the Latino community will be important.

We are not in urgent need for more citizens, and the path to citizenship should be somewhat difficult. We need future citizens who really want to become Americans, who are willing to learn the language, learn something about our history, and something about our customs and laws. That is not a barrier to becoming a citizen, Hillary, but a blessing for the citizen to be, and an important thing  for our country.

Hillary apparently, once upon a time, passed the bar exams and became a practicing lawyer. Surely she had to read the Constitution at some point. But then Obama claims to have taught Constitutional Law, (he apparently taught Alinsky instead) and has been engaged for over seven years in finding ways to get around the Constitution with executive orders and administrative law.

We have a federal agency that deals with exactly those problems. It’s called Immigration and Customs Enforcement (ICE) and could use some support from the administration. The last thing this country needs is another federal agency. If our elected officials and office seekers fail to take the rule of law seriously, I suppose they don’t see it as important for new citizens either. Do we need another president who fails to enforce our laws—just the ones she or he likes?



The European Union is Coming Undone Over Political Correctness. Could We Just Use Common Sense Instead? by The Elephant's Child

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The news almost daily has headlines regarding the influx of refugees or migrants into Europe. They are generally referred to as Syrian refugees or Syrian migrants, but they come from a wide range of countries including many from Africa, and Asia as opposed to what we usually think of as the Middle East. We have seen pictures of massive marches of immigrants in Europe and read the tales of the problems Europe is having with their refugees, and specifically with Islamic terrorism. Paris and Brussels are only the start.

Did you know that the Obama administration has issued around 680,000 green cards to migrants from Muslim nations during the last 5 year period? If there is no change in current policy, the U.S. will admit another 680,000 over the next five years, or possibly more. During the same five years, we issued green cards to only 270,000 migrants from the European Union.

According to DHS files the largest numbers of migrants came from Iraq and Pakistan with 83,000 each, and 75,000 from Bangladesh, 45,000 from Egypt, 31,000 from Somalia, 24,000 from Uzbekistan, Turkey and Morocco had 22,000 migrants each, Jordan and Albania 20,000 each and Lebanon and Yemen each had 16,000. Indonesia (15,000), Syria (14,000), Sudan (13,000), Afghanistan (11.000). and Sierra Leone  (10,000). There were only a few thousand each from Saudi Arabia, Algeria, Kosovo and Libya.

The administration, aside from being unable to say the words ‘Islamic terrorism,’ seems to believe that terrorism doesn’t really exist— even when the Ayatollah Khomeini leads his followers in chants of ‘Death to America‘ and ‘Death to Israel‘ — that’s just P.R. to please the locals. The programs launched by the administration to reach out and protect Muslims are extensive, and the administration has agreed to a terrorist front’s demands to purge FBI’s anti-terrorism material that was thought to be ‘offensive’ to Muslims.

A closely watched case, United States v. Texas, is going to be argued before the Supreme Court on April 18, Monday. The court surprised watchers when it asked that the parties in that case address a question they did not raise in their briefs: whether President Obama’s “Deferred Action for Parents of Americans” (DAPA) order violates the “Take Care Clause” of the Constitution. (“he shall take care that the laws be faithfully executed,”) That clause had never before been addressed by the Court. An interesting development for the president who has said “I have a phone and a pen,” and has not been troubled by taking the laws into his own hands.

DAPA is a set of executive branch directives giving some four million illegal aliens who have given birth to children in the United States what the orders call “legal presence” — even though they are here in violation of the law. This “legal presence” entitles DAPA beneficiaries to work permits, a picture ID, driver’s licenses, social security, Earned Income Tax credits, Medicaid, ObamaCare, and other social welfare benefits. Until the 2014 election, President Obama repeatedly and emphatically stated that he did not have authority to issue such an order without congressional action. Then he did it.

Absolute monarchs rule absolutely. What they say goes. It was a long battle in English history, and King John (1119-1216) did things his way until confronted with armed insurrection at Runnymede (1215) when he agreed to the Great Charter which established the principle that even kings are not a law unto themselves, and must act through settled law.

The framers of the U.S. Constitution took care to carefully consider what prerogative powers were suitable for an American president. Much of the Constitution is devoted to replacing prerogative powers with settled law. Henry VIII believed his royal proclamations should have the force of law —Parliament repealed the Act of Proclamations.

As our Constitution was being written, the Committee on Detail changed the words of the draft Constitution which vested a “single person” with the power to carry into execution the national laws” to read “he shall take care that the laws of the United States be duly and faithfully executed.” That changed the execution of the law from a power to a duty rather than a power, indicated by the word “shall.” A reversal would portend ever-increasing  exercise of executive powers. The question is not whether the president’s rule would make good policy, but whether the Constitution allows the president to rule statutory violations. It does not.

The State Department wants to increase the rate of bringing Syrian refugees to the United States to an average of 1,500 a month in order to meet President Obama’s target of settling 10,000 refugees in the country by September.  Why by September? That’s Obama’s target —perhaps he expects to get 10,000 of them voting by November. Who knows? We have Trump’s Yuge wall, 40 feet tall, that he claims he will make Mexico pay for, which is absurd. The 18 to 24 month time for processing admission of  refugees has reportedly been slashed  to 3 months to meet the president’s goal of 10,000 refugees this fiscal year.

Although the Muslim immigrants clearly include some ISIS members seeking entrance to the U.S, (they are certainly plentiful among European migrants), the slashing of processing time is worrying. It would seem that immediate admissions should focus on providing a safe haven for the remnants of historic Christian communities throughout the Middle East that are now targeted for extinction. Churches have been burned, priests arrested, Christians have been tortured, raped and crucified. They have nowhere to go. Present policy does not take into account their precarious situation. The State Department accepts refugees from lists prepared by the Office of the U.N. High Commissioner on Refugees which oversees the large refugee camps— but Christians do not dare enter those camps, where they are attacked and targeted by Islamists.

Playing politics with Immigration is a particularly unseemly thing to do. Instead of efforts to carefully vet Muslim immigrants, we run into accusations of “Islamophobia,” designed to stop any dissension. Religious freedom, promised by our Bill of Rights, does not aim to free those who are intending terrorist attacks. There are many tenets of the Muslim faith that are directly antithetical to the U.S. Constitution. We should be able to clearly explain those to all Muslim immigrants. We do not tolerate honor killings, we do not regard women as second-class citizens, we don’t accept wife-beating, and rape is a crime. These are serious prison offences. That is not Islamophobia — it’s just clearly setting the ground rules. There should be a clear discussion of rules that are in the Koran that are not acceptable under our Constitution. If they cannot agree to American law, perhaps they would prefer to go elsewhere.

One of the most despicable acts of President Obama has been to delete some of the requirements under the law for becoming an American citizen. That’s why Europe is in such great turmoil at present. They have no programs for assimilation, or for becoming a citizen of a particular country. European nations have always been tribal, with  differing languages, customs and rules. After centuries of constant and deadly wars they thought to end them by opening borders and sharing finances and laws. It hasn’t worked. An unelected and unrepresentative bureaucracy merely substitutes for the absolute monarchs that once ruled Europe, and the people are not quite at the armed insurrection stage, but it’s not all peaches and cream either. Political correctness dictates acceptance of poor refugees, common sense dictates something else.

Emma Lazarus’s “Give me your tired, your poor, your huddled masses yearning to breathe free, The wretched refuse of your teeming shore—” is all very compassionate, but hardly an acceptable guide to immigration.




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