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(Update: January 2, 2017):
For more on how Donald Trump's immigration related proposals could lead to dictatorship in America, see my Immigration Law Blogs ilw.com post dated January 1, 2017, (with January 2 revisions), entitled:
Are Trump's Muslim Immigrant Tracking and "Criminal Alien" Mass Incarceration Beginning of the End for American Democracy?
Roger Algase, Attorney at Law
(Update, December 30, 2016):
Could Donald Trump be America's most illegitimate president ever?
Conventional wisdom up to now has been that even though Donald Trump lost the popular vote to Hilary Clinton by almost 3 million votes, he was still legitimately elected as president because of our antiquated and pointless electoral college system, which may or may not have served some purpose in the 18th century, but certainly serves none now in 21st century democracy, which is based on the principle who electing candidates whom most of the people vote for.
But even granted that Trump won under this outdated system, does that make him a legitimate president?
In order to answer that, we have to look at how he won (if one grants that he did win).
First, his campaign was based on fear, outrageous lies far too numerous to mention specifically in the space of a single letter, and hate, backed up by grandiose promises to carry out ethnic clensing of at least 3 million, and possibly up to 11 million, mainly Hispanic, Asian and Middle Eastern immigrants.
But even if one overlooks this, and overlooks his repeated attacks against the Constitution which he will take an oath, which cannot possibly be genuine, to defend on January 20, 2017, given his repeated opposition to the Constitutional guarantees of free speech, freedom of religion, fair elections, due process o law and equal protection of the law; and protection against torture, the latest revelation s of direct Russian interference in our election in order to elect Trump raise bigger questions each day about whether Trump will be a president for the American people or as an agent of a dangerous, powerful and hostile foreign dictatorship.
It is difficult to see how such a president could be regarded as legitimate. Both Democrats and Republicans in Congress should start to clean the dust off their impeachment machinery and get it ready to use if needed, as it may very soon e.
A very Happy New Year to all Immigration Daily readers!
Roger Algase Attorney at Law
My previous update and original letters follow:
Donald Trump actually be impeached by his own party before he even becomes president?
Tom Tancredo, a strong Trump supporter and former Republican Congressman who is one of America's most outspoken immigration opponents, evidently is worried about this.
Writing in Trump Senior Presidential Advisor Designate Stephen Bannon's Breitbart News on December 17, Tancredo opines that "disloyal" Republicans who, apparently, include anyone who doesn't hate Muslim immigrants and DREAMERS as much as Tancredo himself evidently does, might try to impeach Trump in order to stop him from putting an end to "open borders".
See below for a link to this article.
Does Tancredo mean to say that anyone who doesn't create a Furor by throwing up his (or her) right arm and shouting "Heil Trump!", while lining up to goose step behind our new Leader is "disloyal" to America?
Let us hope not. Any president who believes that someone who disagrees with his opinions, on immigration or anything else, is being "disloyal" to America, obviously would not be upholding our Constitution. Any such president would indeed deserve to be impeached.
Attorney at Law
My original letter follows:
It is now official as of December 19 that America will be receiving the full effects of the undemocratic electoral system that has put Donald Trump in the White House and turned what was left of our democracy (after Citizens United, the gutting of the 1964 Voting Rights Act, Republican voter suppression laws disenfranchising minorities, FBI's putting its finger on the scales with Comey's letters about Hillary Clinton's emails, evidence of Russian hacking of the DNC, and, most of all the home-grown "hacking" of our democracy by the electoral college system, which never served any real purpose and should have been thrown out of our constitution generations ago) into what could very well turn out to be a full-blown dictatorship with Donald Trump as president for life, followed by a dynasty headed by his children (or grandchildren, as in North Korea?)
Even if things don't go to this extreme, America is still in for four years, if not eight, of authoritarian government, headed by a president who lost the popular vote by some three million votes nationwide, that is likely to be run for by and of, the billionaires, the union busters, the Obamacare, Medicare and Social Security foes who want to take away medical insurance and the social safety net from tens of millions of middle and low income people and from seniors; the climate change deniers and, in the area of immigration, the ethnic cleansers.
On this last note, see David Nakamura's December 19 Washington Post article After years on the outside, foes of legal immigration find a louder voice with Trump's election about the unprecedented power that the euphemistically called "restrictionists", more accurately known as white supremacists, will have in the new administration.
I am sorry - I do not have a link to this timely and important article. Please go to Google.
To find out more on how fifty years of racial equality in our immigration system may be in danger of being rolled back to the era of America's 1924 "Nordics" only immigration law, keep tuned to this Letters section and to my ilw.com/Immigration Daily ImmigratioLawBlogs posts.
Attorney at Law
Could Donald Trump be impeached by his own party before he has a chance to carry out his own authoritarian agenda of rule by, for and of white billionaires and anti-immigrant ethnic cleansers?
Jeet Heer argues in the December 16 New Republic that this is unrealistic, and he is probably right.
It is unlikely that the party which elected Trump (with some 3 million fewer votes than his opponent) is likely to turn against a president who has promised to enact much, if not all, of its anti-immigrant, anti-woman, anti-working people, anti-middle class, anti-seniors, anti-LGBT and anti-environmental agenda.
For many Republican leaders, what's the problem with a little dictatorship, or maybe a lot, as long as they can destroy healthcare, Social Security, minority voting rights, abortion rights and freedom of religion in America, as well as legal immigration - all of which they have been trying to do for the past several decades, even without their current Frankenstein leader, Donald Trump?
Don't look for Donald Trump to be impeached any time soon. The only way to defeat him will be by the same way that he was elected - at the voting booth - just as the winner of Germany's 1932 election was chosen according to the will of the people, as expressed in the laws and procedures of that nation at that time.
That is, if we continue to have fair and free elections under our new Leader or any elections at all - none of which can be taken for granted in the Furor that will most likely be created by the new admistration of one-man rule in the United States of Donald Trump.
See also, Richard Wolffe, writing in The Guardian on December 20:
American Democracy is being derailed. Can faith be restored?
Attorney at Law
Trump and his supporters beat and smash their own party into lockstep behind him and crush any dissent from within the GOP through intimidation and fear. Does this remind anyone of how another democratically elected leader created a Furor by whipping his party into line in Germany 80 years ago?
The next step will be to brand Democrats and anyone else who opposes our new Leader as disloyal, subversive, or even seditious, which could lead to loss of US citizenship, jail (or maybe Guantanamo, as Trump threatened during the campaign.)
Then the United States of America will have a true one-party dictatorship.
Attorney at Law
OK, then. Are we, the American voters, stupid? That is what you mean, Mr. Algase? Well Sir, I am not so sure. I think Obama made many mistakes after doing some good things. I have been telling you immigration lawyers about about B appointing friends as ambassadors, who threw parties with champagne with our tax monies for the local jet set in Buenos Aires while mistreating senior Americans here... Nobody seemed to care. Today, Noah Mamet (https://en.wikipedia.org/wiki/Noah_Mamet) is having the farewell party while Mr. Trump takes office... We, the People (not so stupid after all)... God bless America.
Mr. Ortuondo knows, or should know, better than most of us here in America what dictatorship was like in Argentina.
Is he so disappointed because someone he knows in Argentina failed to get a US visa that he would not mind seeing America's democracy go on the desaparecidos list in retaliation after our new presidente takes over?
One would like to think not.
Attorney at Law
For a link to anti-immigrant former Republican Congressman Tom Tancredo's article in Breitbart News (which I mention above in a December 26 update to my earlier letter) about possible impeachment of Donald Trump by "disloyal" Congressional Republicans who might refuse to fall in lockstep behind Trump's radical Muslim immigrant ban and "criminal alien" mass deportation proposals or, (though Tancredo does not use these words) might refuse to create a Furor by raising their right hands to yell "Heil Trump!" to our new Leader on immigration policy, see:
Attorney at Law
With regard to my December 30 updated letter, above, the following article of the same date in POLITICO is relevant about whether Trump intends to be the president of the American people during the next four years, or whether he just intends to be a stand-in for America's real would-be 45th president, Vladimir Putin:
Happy New Year to all Immigration Daily readers!
Attorney at Law