Thursday, October 23, 2025

PATRIOTIC SONGS  -- AMERICA'S GREATEST HITS

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

                    -- Declaration of Independence, 1776

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do hereby ordain and establish this Constitution for the United States of America."

                    -- Constitution, 1787

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or of abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble. and to petition the government for the redress of grievances."

                    -- First Amendment, 1791

"Let us restore to social intercourse that harmony and affection without which liberty and even life itself are but dreary things . . . Every difference of opinion is not a difference of principle.  We have called by different names brethren of the same principle.  We are all Republicans. We are all Federalists.  If there be any among us who wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left to combat it."

                    -- Jefferson's First Inaugural, 1801

"I had rather be right than be President."

                    -- Henry Clay, 1838, who, in attempting to thread
                        the needle between abolition and slavery,turned out
                        to be neither.

"Do I contradict myself? Very well then I contradict myself, (I am large, I contain multitudes.)"

                        -- Whitman, in Song of Myself, 1855

"If there is no struggle there is no progress.  Those who profess to favor freedom, and yet deprecate agitation, are men who want crops without plowing up the ground . . . This struggle may be a moral one; or it may be a physical one; or it may be both moral and physical; but it must be a struggle. Power concedes nothing without a demand. It never did and it never will."

                        -- Frederick Douglass, 1857

"Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal. Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle-filed of that war.  We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live . . . But in a larger sense, we can not dedicate -- we can not consecrate -- we can not hallow -- this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract . . . It is for us the living, rather, to . . . here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from earth."

                        -- Lincoln, Gettysburg Address, 1863

"My Captain does not answer, his lips are pale and still,
My father does not feel my arm, he has no pulse nor will,
The ship is anchor'd safe and sound, its voyage closed and done,
From fearful trip the victor ship comes in with object won;
        Exult O shores, and ring O bells!
            But I with mournful tread,
                Walk the deck my Captain lies,
                    Fallen cold and dead."

                        -- Whitman, O Captain! My Captain, 1865

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

                        -- Thirteenth Amendment, 1865

"All Persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

                        -- Fourteenth Amendment, 1868

"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."

                        -- Fifteenth Amendment, 1870

"The life of the law has not been logic; it has been experience . . . The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics."

                        -- Oliver Wendell Holmes, Jr., 1881

"Taxes are the price we pay for a civilized society."

                        -- Oliver Wendell Holmes, Jr., 1904

"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes up short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows the great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat."

                        -- Theodore Roosevelt, 1910

"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."

                        -- Nineteenth Amendment, 1920

"This is pre-eminently the time to speak the truth, the whole truth, frankly and boldly. Nor need we shrink from honestly facing conditions in our country today. This great nation will endure as it has endured, will revive and prosper. So first of all let me assert my firm belief that the only thing we have to fear is fear itself -- nameless, unreasoning, unjustified terror which paralyzes needed efforts to turn retreat into advance."

                        -- Franklin D. Roosevelt, 1933

"We conclude that, in the field of public education, the doctrine of  'separate but equal' has no place. Separate educational facilities are inherently unequal."

                        -- Earl Warren, 1954

"Ask not what your country can do for you -- ask what you can do for your country."

                        -- John F. Kennedy, 1961

"I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character."

                        -- Martin Luther King, Jr., 1963

"Freedom is indivisible, and when one man is enslaved, all are not free. When all are free, then we can look forward to that day when this city will be joined as one and  this country and this great continent of Europe in a peaceful and hopeful globe. When that day finally comes, as it will, the people of West Berlin can take sober satisfaction in the fact that they were in the front lines for almost two decades. All free men, wherever they may live, are citizens of Berlin. And, therefore, as a free man, I take pride in the words 'Ich bin ein Berliner.'"

                        -- John F. Kennedy, 1963

"General Secretary Gorbachev, if you seek peace, if you seek prosperity for the Soviet Union and Eastern Europe, if you seek liberalization: Come here to this gate! Mr. Gorbachev, open this gate! Mr. Gorbachev, tear down this wall."

                        -- Ronald Reagan, 1987

"I can hear you! The rest of the world hears you! And the people who knocked down these buildings will hear all of us soon!"

                        -- George W. Bush, 2001

"I stand here today, grateful for the diversity of my heritage, aware that my parents' dreams live on in my precious daughters. I stand here knowing that my story is part of the larger American story, that I owe a debt to all those who came before me, and that, in no other country on earth, is my story even possible."

                       -- Barack Obama, 2004

"A century ago, President Theodore Roosevelt's invitation to Booker T. Washington to visit -- to dine at the White House -- was taken as an outrage in many quarters. America today is a world away from the cruel and prideful bigotry of that time. There is no better evidence of this than the election of an African-American to the presidency of the United States . . . Senator Obama has achieved a great thing for himself and for his country. I applaud him for it, and offer my sincere sympathy that his beloved grandmother did not live to see this day -- though our faith assures us she is at rest in the presence of her Creator and so very proud of the good man she helped raise."

                        -- John McCain, 2008

"This is America's day. This is democracy's day. A day of history and hope. Of renewal and resolve.  Through a crucible for the ages America has been tested anew and America has risen to the challenge. Today we celebrate the triumph not of a candidate, but of a cause, the cause of democracy. The will of the people has been heard and the will of the people has been heeded."

                        -- Joseph R. Biden, 2021.

"For there is always light if only we are brave enough to see it.
If only we are brave enough to be it."

                        -- Amanda Gordon, 2021

Thursday, October 9, 2025

THE GOVERNMENT SHUTDOWN

The federal government shut down on October 1.

It is now October 9.

The government is still shutdown.

No one knows when it will re-open. 

Or if that really matters.

The Republican Party controls the federal government.  It has majorities in the House and the Senate and Trump in the White House. Six of the nine Justices on the Supreme Court are Republican.  Three of them (Gorsuch, Kavanaugh and Coney-Barrett) were appointed by Trump. Two (Roberts and Alito) were appointed by Bush the Younger and one (Clarence Thomas) by Bush the Elder.

The Republican Party these days has two, and only two, functions.

The first is to agree with and then echo whatever rants the president spits out at his incoherent rallies, press availabilities or made-for-TV cabinet meetings.  This obligation also applies to any posts he puts up on Truth Social, the social media platform Trump owns and controls and created after he was de-platformed in January 2021 for sponsoring an attempted (and violent) coup.

The second is to either absolutely shutter or gradually defund the government to the point where economic oligarchy, mass deportation and some version of national defense remains but everything else (Social Security, Medicare, Medicaid, Obamacare, the Department of Education, an apolitical Justice Department, FEMA, independent colleges and universities, the CDC, public media, civil rights, soft-power foreign aid in the form of USAID or Voice of America, and any federally funded programs or policies in so-called blue states) either ends or gradually evaporates.

The marriage of these two functions has turned the GOP into an authoritarian and anti-democratic bulwark.

In both the literal and figurative sense of that term.

Literally . . .

The GOP is now set up as a rampart against any institution or individual that might oppose Trump in any way whatsoever.

And figuratively . . . 

It supports and enacts policies that either gratify Trump's ego or empower its own historic goal of reducing government to what it was before Franklin Roosevelt's New Deal, Earl Warren's Supreme Court, and Lyndon Johnson's Great Society.

So long as that literal rampart and figurative gratification is preserved, Trump is more than willing to allow the reduction to proceed apace.  

He is also willing to do this regardless of the historic consequences to either the country or himself, both of which will be long term. In fact, the length of the term is probably the basis for his ennui. 

He is a creature of the immediate.  

His attention span is limited.  

So is his vocabulary. 

Addicted to TV and twitter, he does not read.  Addicted to insult, he does not argue. Addicted to lies, he does not perceive. Addicted to himself, he is disengaged from the real world. So long as his Cabinet and his media praise him, the former of which has been expressly designed to do so, the latter of which (like the GOP itself) has come to that condition gradually, he will not notice or not care about any decline, either to the country or himself. Indeed, it is how he lives with his abysmal approval numbers.

Into this world has now been parachuted  a government shut down.

The function of the government is to create law and to enforce it.  Shutdowns impede these activities but do not entirely stop them. Thousands of federal employees are furloughed but those deemed "essential" must work without pay. This includes the military and federal prosecutors. Congress cannot shutdown (and its Representatives and Senators are paid) but some staff are furloughed and others are deemed essential. Permanently funded entitlements (e.g., for Social Security, Medicare, VA benefits) are paid but some ancillary services (e.g., benefit verification requests, earnings records corrections) can be delayed.

Trump's response to all of this has been . . .

A bit of a yawn.

His OMB Director, Russell Vought (of Project 2025 fame), threatened mass lay-offs before the shutdown took effect. These, however, had more to do with the administration's claim that it was entitled to do so than any additional basis that would exist on account of a shutdown. Vought issued a memo telling agencies to "consider Reduction in Force notices" to federal employees for whom funding would not exist on October 1 and whose work "is not consistent with the President's priorities."  Ordinarily, the absence of funding would lead to furlough (and a return to work with back pay once the shutdown ended) and "the President's priorities" would be irrelevant. As of now, no Reduction in Force notices have been sent.

Beyond this threat, Trump's only other reaction to the shutdown has been to promise the military it will receive back pay and threaten non-military furloughed employees with the prospect they will not.  Since the promise is statutorily mandated and the threat requires new legislation before it can ever be implemented, both amount to idle chatter.  In the meantime, Trump's assault on the rule of law continues via the Comey prosecution, the Letitia James/Adam Schiff/John Bolton "investigations", the FBI's apparent acceptance of the bribe paid to ICE's Tom Homan, the militarized attacks on Democratic cities, and Pam Bondi's performative insults and deflections in the face of Senate inquiry about any of the above.

Which, of course, is why the shutdown is irrelevant to Trump.

For him, his Apprentice-like presidency is about creating non-existent realities, attacking enemies, and insulting opponents.

The shutdown stops none of this.

For the Democrats, however, a whole different set of objectives exist.

They actually believe in government.

And because they do, they are generally opposed to shutting it down.

This time around, however, things are different.

For two reasons.  

First, Trump's just signed Big Beautiful Bill ends, as of January 1, 2026, the Obamacare premium tax credits passed during the Biden Administration.  As a consequence, premiums for plans available under the Affordable Care Act are predicted to rise by as much as 75% in 2026.   And for those who actually receive the subsidies, their premiums will more than double.  As of now, four states have actually sent out notice increases and all are expected to follow.

The Democrats are united in believing the shutdown provides them with the leverage needed to force Congress and Trump to restore those credits.  In response, the GOP claims it will negotiate on all health care issues in the ordinary course but that, in the meantime, the continuing resolution already passed by the House should be accepted and the government should re-open.  

The Democrats are refusing this deal.

Because . . .

And this is the second reason this shutdown is different . . .

The Democrats do not believe Trump or the GOP will honor any promise to negotiate.

Trump's Big Beautiful Bill was passed by the House and Senate without a single Democratic vote.  There was no negotiation, not even the hint of it. In the House, where the majority controls what can be brought to the floor, the only difficulty the GOP encountered was from a handful of far-right members who thought the bill did not cut enough but who, as has now become the case on any close vote, ultimately bowed to Trump's insistence that it pass (and his threatened blowback if it didn't).  And in the Senate, the bill passed by a 51-50 vote (with Vance breaking the tie after three Republicans opposed it) because it was brought up under budget reconciliation procedures that are not subject to the filibuster rule. 

The only thing that could break this impasse is an issue the GOP thinks might imperil its hold on Congress in the 2026 mid-terms.

The Democrats think health care is that issue.

They also think they are on pretty solid ground in believing that neither Trump nor the Republicans in Congress will negotiate to restore premium tax credit support for Obamacare.

And so far . . .

The polls support them.

Sort of.

Brad Bannon is a Democratic consultant (full disclosure: he is a friend and was the pollster I hired in my runs for Congress in 1992 and 1994).  In an October 8 article in The Hill he wrote "A new national survey of adult Americans by CBS News and YouGov.com indicates that congressional Democrats have an edge in the showdown over the federal government shutdown . . . Four out of every ten  . . . people blame President Trump for the closure and three in ten adults fault Democrats . . . [O]ne out of every three spread the blame widely."

"Jobs and inflation," he continues, "are the major concerns on the public worry-list, and the mischief executive dropped the ball. Most Americans believe Trump's policies have hurt them financially. Nine months into Trump's second term, medical costs are still rising and Democrats have wisely framed this contest as an opportunity to keep these costs from growing even higher.  The Democrats have put Trump and his MAGA acolytes on the spot over a year before the midterms."

"The CBS survey illustrates," says Bannon, "each party's soft spots.  The public is most likely to fault Democrats for being weak and Republicans for being extreme. If the Democrats stand firm, they will prove to the public that they do have the strength of purpose to run the nation."  On the other hand, he notes, "The Republican insistence on tax breaks at all costs demonstrates . . . rigid attachment to a radical economic ideology which fattens the rich and starves middle class and poor Americans."

"The shutdown," he concludes, "is now in extra innings.  Democrats must stand up and be counted to win affordable care for all Americans.  Republicans have fought tooth and nail from the birth of the programs to kill off Social Security, Medicare, Medicaid and the Affordable Care Act.  If Trump wins this budget battle, the Affordable Care Act and Medicaid are down for the count and the two other vital programs will be next on the MAGA hit list."

Elections are won in the middle.

Trump is more distrusted and more under-water than any other modern president. He also has a stronger base of diehards supporting him than any other modern president. Bannon's essential argument is that those in the middle, those who decide elections, are the key to the 2026 mid-terms.  

Bannon thinks those folks are worried about "jobs and inflation" but believe Democrats are "weak".

If he's right, shutdown was really the only available choice for Democrats.

As the party in the minority faced with an opposition that will not negotiate and does not compromise, and a president who, in addition to doing neither, is hell bent on preserving his authoritarian power play, the Democrats have limited options.  The courts are one of them and at the lower levels have been successful in temporarily stopping Trump's militarized attacks on Democratic cities, unilateral funding rescissions, and scattershot liquidation of the federal work force; the Supreme Court, however, has turned back many of those efforts and delayed others. In this environment, there is not much any opponent can do to demonstrate strength.

But there is one thing the Democrats can do

They can stop pretending the system is working.

The shutdown is a way, probably the only way at this point, to do so.

For Democrats, it is unnatural.

For decades they have been the party of "Yes, we can!"

Now they must be the party of . . .

"No, we won't!"

Sunday, September 28, 2025

JAMES COMEY

I am 69 years old.

I graduated from law school in January 1982, and after completing a federal judicial clerkship, passed the California bar exam and practiced there from 1983 to 1986. In 1986, I left California to become an Assistant US Attorney in New Hampshire, and in December 1987, I left that job and returned to New York, where I have practiced law (and until very recently lived) ever since.

In March I moved to Southbury, Connecticut.

And because I wanted to practice law there, and not only  in New York, I applied to be admitted to the Connecticut bar. 

Like many (but not all) states, Connecticut allows lawyers licensed in other states to apply for admission in theirs without taking the bar exam. Unlike many other states, however, Connecticut requires those applicants to have taken and passed the Multistate Professional Responsibility Exam (MPRE) within five years of their application.

The last time I took the MPRE was in 1983.

So this summer . . .

I spent a good chunk of time studying the American Bar Association's (ABA's)  Model Rules of Professional Conduct before taking the test a month ago.  The Model Rules are the ABA's version of the rules of ethics that should govern lawyers nationwide and each state has adopted a version of it as their own.  The MPRE tests on those Rules and on the law of ethics and professional responsibility that governs members of the legal profession generally.

Earlier this week, I learned that I passed the test and would shortly become not just a California and New York lawyer but, at the tender age of 69, a Connecticut one as well.

On Monday, President Trump appointed Lindsey Halligan as the interim US Attorney for the Eastern District of Virginia.  Halligan is a young (36) lawyer. At the time of her appointment, she was working in the White House, where her duties included investigating the Smithsonian to insure, as she put it, that the museum and its exhibits were properly "align[ed] with the President's directive to celebrate American exceptionalism, remove divisive or partisan narratives, and restore confidence in our shared cultural institutions." She had previously been an insurance lawyer  and represented Trump personally in Florida.  She has never been a prosecutor.

On Thursday, a federal grand jury in the Eastern District of Virginia indicted former FBI Director James Comey for allegedly making false statements to the US Senate almost five years ago.  The indictment alleges Comey falsely stated he had not "‘authorized someone else at the FBI to be an anonymous source in news reports' regarding the FBI's [then] investigation" of an unnamed person. A second count alleges this act obstructed justice.

Halligan was appointed this past Monday because her predecessor had resigned the Friday before. That predecessor was Erik Siebert, who Trump named to the post in January. Siebert, a career prosecutor with over fifteen years experience as an Assistant US Attorney in the office, had refused to indict another Trump target, NY Attorney General Letitia James, and attorneys in his office had also concluded there was insufficient evidence to indict Comey. Though Siebert resigned the office amidst pressure from administration officials on the James case, Trump on Saturday claimed to have fired him. On the same day, Trump told his Attorney General that the absence of criminal charges against James, Comey and California Senator Adam Schiff (yet another Trump target) "was killing our reputation and credibility" and could not be "delay[ed] any longer."

Trump was right about one thing.

Delay, at least in the Comey case, was his enemy.

The statute of limitations on the false statement charge was set to run on September 30, 2025.

So . . .

He appointed Halligan on Monday.

And she did what Trump wanted done on Thursday.

Under the Model Rules of Professional Conduct, Rule 3.8(a), a prosecutor must "refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause."  Section 9-27.200 of the US Department of Justice's Justice Manual imposes the same requirement on federal prosecutors. Though an indictment generally stands for the proposition that the grand jury thought there was probable cause, there are serious questions in this case regarding what Hallligan knew or should have known and what was presented to the grand jury. 

According to reporting from Alan Feuer, Jonah E. Bromwich and Maggie Haberman in The New York Times, Halligan decided to seek an indictment "despite an energetic effort by career professionals under her to dissuade her from bringing charges." This suggests that attorneys in her office with substantial experience either did not think there was probable cause or that, if there was, did not believe there was sufficient evidence to convince a jury of guilt beyond a reasonable doubt.  Halligan, however, who is not a career prosecutor, decided to disregard this advice. "In a highly unusual move for a top federal prosecutor," as the Times also reported, she also decided to "personally present[] the case against Mr. Comey to the grand jury".

As a matter of public record, there is substantial evidence that Comey did not make the false statement alleged in Thursday's indictment.  

The government's indictment claims that Comey lied to the Senate on September 30, 2020 when he supposedly told Republican Sen. Ted Cruz that he had not "'authorized someone else at the FBI to be an anonymous source in any news reports' regarding an FBI investigation concerning” an unnamed person. In May 2017, Comey testified to the Senate that he had never anonymously leaked information to the news media about "the Trump investigation or the Clinton investigation" (the former apparently relating to the FBI's investigation into Russian contacts with the Trump campaign, and the latter to the agency's investigation of Hillary Clinton's emails), and that he never authorized someone else to do so. In September 2020, in response to questions from Cruz claiming Comey’s 2017 testimony conflicted with public statements from the FBI's former Deputy Director Andrew McCabe that he, McCabe had “leaked information to the Wall Street Journal and that you were directly aware of it and directly authorized it”, Comey testified "I can only speak to my testimony" and "I stand by the testimony . . . that I gave in May 2017." As to Mr. McCabe's claims, Comey stated "Again, I'm not going to characterize Andy's testimony but mine is the same today."

The biggest problem with the government’s indictment is that McCabe himself has refuted it.

On February 17, 2019, 60 Minutes aired an interview with McCabe. In that interview, McCabe recounted a conversation he had with Comey after the leak. In that conversation, Comey said he believed McCabe was not the source of the leak and McCabe did not disabuse him of that view. "I should have corrected it," McCabe told the interviewer, "I should have spoken up and said, 'Wait a minute, that's not true'" and told Comey that he, McCabe, was responsible for the leak. 

Comey's September 2020 testimony to Cruz was thus entirely truthful. 

At the time of his May 2017 testimony, he did not even know -- according to McCabe himself -- that McCabe had been the so-called anonymous source and could not have authorized McCabe to do something he had no knowledge McCabe had done. And as Robert Hubbell, a Los Angeles attorney and the author of Today's Edition Newsletter, has noted: "By failing to speak up to admit that he leaked the information to the WSJ, McCabe allowed Comey to labor under a mistaken belief about the nature and source of the leak . . . when Comey testified to the Senate." As a result, Hubbell explained,  "No jury will convict Comey of intentionally lying to the Senate. Indeed , no judge should allow the case to get to the jury after the prosecution rests. There is simply no credible evidence to support the charge."

It's unclear whether Lindsey Halligan made any of this material known to the grand jury that just indicted Comey.  Nor do we know whether she disclosed the DOJ Inspector General's February 2018 Report to the grand jury.  That Report specifically concluded, as Hubbell's Newsletter also noted, that McCabe had not told the truth (i) "when he told Comey . . . that McCabe had not authorized the disclosure and did not know who did"; (ii) when he told "FBI agents under oath that he had not authorized the disclosure"; and (iii) when he told the Inspector General "that he told Comey on October 31, 2016, that he had authorized disclosure to the WSJ."

Under these circumstances, it is difficult to conclude that Halligan had probable cause to indict Comey.  The claim that Comey's authorization denial in his September 2020 testimony -- where Cruz confronted him with his prior statements and McCabe's contrary assertions --  is false depends on his May 2017 testimony being false since all Comey said in 2020 was that he stood by what he said in 2017. And that May 2017 testimony can make the September 2020 testimony false only if McCabe was lying to CBS but telling the truth to the Inspector General. Critically, if the government is now claiming Comey lied to the Senate in 2020 because he had authorized a leak through someone other than McCabe, the 2020 testimony is beside the point (and certainly not false as to that claim) because all of what Comey said to Cruz in 2020 related to a supposed conflict between Comey and McCabe and Comey's adherence to his 2017 testimony was responsive to that asserted conflict.  Cruz never asked him if he had authorized a leak through anyone else and he never said he had or had not. 

Apart from these more or less disqualifying facts is the reality that this prosecution, unlike those that were initiated against Trump in 2023 and 2024, was obviously ordered or at the very least aggressively demanded by Trump himself, and that the President, again in contrast to the proceedings against him, is repeatedly demeaning Comey and characterizing him in ways designed to maximize public opposition and promote a guilty verdict. Trump has called Comey "corrupt", "sick", a "liar", a "dirty cop" and a "bad person" who "did terrible things at the FBI".  He admitted wanting to get rid of the US Attorney, Siebert, who was refusing to indict Comey, and he openly pressured Attorney General Bondi to have the DOJ act against Comey because time was running out. In replacing Siebert, he appointed as US Attorney a lawyer, Halligan, who had previously represented him and whose loyalty he expected to result, as it has, in Comey’s indictment, and who did so notwithstanding professional views, and there were many, opposing that course given the woefully insufficient evidence for the alleged crime.

Nothing like this happened between 2021 and early 2025 when Biden was President.

And the  likelihood that either Halligan or the Attorney General ever tried to stop Trump from interfering or from publicly demeaning Comey, is . . .

To give understatement new meaning . . .

Remote.

The ABA’s Rule 3.8 requiring probable cause is followed by comments. 

In the first comment to that Rule, the ABA states that "A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice, [and] that guilt is decided upon the basis of sufficient evidence." Model Rule 8.4 makes it "professional misconduct for a lawyer . . . to violate or attempt to violate the Rules of Professional Conduct, knowingly assist another to do so, or do so through the acts of another."  The first comment to Rule 3.8 also notes that "applicable law may require other measures by the prosecutor and knowing disregard of those obligations or a systematic abuse of prosecutorial discretion could constitute a violation of Rule 8.4". 

Among those obligations is the duty also set forth in Rule 3.8 to "refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent . . . other persons . . . associated with the prosecutor . . . from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule." Rule 3.6 precludes a lawyer investigating or litigating a matter from making "extrajudicial statements that  . . . will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter."  

Maybe I am not the only lawyer who should have been boning up on their knowledge of the Rules of Professional Conduct this summer.

Friday, September 12, 2025

SINCE HE HAS A SLOGAN BUT NO SOLUTIONS . . .
HERE ARE TWENTY  IDEAS THAT ACTUALLY WOULD MAKE AMERICA GREAT . . . AGAIN

1.  mRNA vaccines.

2.  Warp speed clean cement.

3.  Warp speed alternative energy (solar, wind, fusion).

4.   Warp speed carbon capture.

5.  Warp speed nationwide high speed rail.

6.  Warp speed 3-D printed housing.

7.   Repeal the Second Amendment.

8.   Universal mail-in voting.

9.   Independent redistricting commissions to set lines in every state.

10.  Repeal the Trump tax cuts. 

11.  Free public college or trade school for all.    

12.  Universal child care tax credit. 

13.  Universal pre-K. 

14.  Fire RFK, Jr. (and then recreate the CDC, rehire the fired vaccine specialists, refund the NIH and repeal the Medicaid cuts).

15.  Fire Tom Homan (and then reform the immigration laws to provide a path to citizenship, guarantee asylum hearings, retain high skilled immigrant college grads, forbid immigration court arrests, abolish ICE and reconstruct a professional enforcement force that identifies itself, enforces the law and respects human rights).

16.  Expand the Supreme Court (and then stagger term limits so that each new president appoints at least two justices, with required votes on nominees within six months of any nomination).

17.  Overturn or adopt Constitutional amendments to repeal Citizens United and United States v. Trump.

18.  Preserve social security by requiring additional payroll tax payments on all incomes in excess of $1 million.

19.  Checkmate China and Russia by merging NATO and ANZUS and supporting Ukraine. 

20.  Amend Article I, Section 3, Clause 6 of the Constitution to lower the threshold to convict a president on any articles of impeachment to three-fifths of the US Senate.

Friday, August 22, 2025

 FREEDOM, THEN AND NOW

"Ich bin ein Berliner."

After "ask not . . .", they were John F. Kennedy's most famous words.

In the Summer of 1963, Kennedy gave a speech on what was then the  hottest line in an almost two decades long cold war -- the city of West Berlin.  

At that time, the city was divided in two and separated by a physical wall.  The wall had gone up in August 1961. Communist East Germany, which was part of the Warsaw Pact uniting seven east European countries ruled by communists with the Soviet Union in a so-called treaty of friendship that was actually a Soviet political and military prison, had put up the wall. Though it claimed the wall was designed to keep fascists out of East Germany, its real purpose was to prevent East Germans from emigrating to West Germany.  

The entire city of Berlin was located in East Germany.  Its western sector, however, was controlled by the American, British and French in the wake of World War II and that control allowed those Berliners to avoid the fate of their municipal brethren in the Soviet sector, which became  a part of communist East Germany. As an oasis of freedom and democracy in the middle of a totalitarian regime, it also became a magnet. Between the end of World War II and 1961, 20% of the East German population emigrated, many by simply walking from East to West Berlin or from East Germany into West Berlin.  

The wall was set up to stop this.

Initially it was a stretch of barbed wire and fencing that ran from one to the other end of the 27 mile line dividing East and West Berlin, along with a separate 97 mile stretch of barbed wire and fencing that cut off the outer ring of West Berlin from East Germany. By the time Kennedy arrived in 1963, however, the wall had morphed into a cinder block and concrete outer wall between eleven and thirteen feet high and a separate inner wall six to ten feet high.  The inner wall was 110 yards from the outer wall and the houses between the two were later torn down. The area between the two was called the "death strip".

On June 26, 1963, Kennedy spoke to 120,000 West Berliners. With an eloquence much of today’s politics has lost based largely on the idiocy that insults signal authenticity and intellectual rigor masks elitism, his speech was an ode to freedom . . .

And free men.

He began by reaching back in history.

"Two thousand years ago," he said, "the proudest boast was 'civus Romanus est.'" 

That phrase, Latin for "I am a Roman citizen", had been made famous by Cicero, a Roman lawyer, politician and philosopher revered by both America's founders and their 18th century enlightenment brethren -- Locke, Hume, Voltaire, Montesquieu and Edmund Burke. He uttered it in the fifth session of his prosecution before the Roman Senate of Sicily's former governor Gaius Verres for corruption, extortion and bribery, explaining to the court that Verres' corruption had even extended to arresting returning Roman sea merchants (whose ships and goods he illegally seized) and then summarily killing them. 

The seizure and plunder was bad.

But the illegal deaths were even worse.

Romans could not be summarily executed.  They had to be tried and convicted. In fact, the protections afforded Roman citizens were so complete that merely mentioning one's citizenship sheathed the executioner's sword. For Verres' victims, however, it became a death sentence. As Cicero put it in his prosecution, "The necks of Roman citizens were broken in prison in a most ignominious manner, so that that [the] supplication  'I am a Roman citizen,' which has often brought help and safety to many in the remotest lands among the barbarians, would bring them a more bitter death and a sooner punishment."

"Today, in the world of freedom," Kennedy continued, "the proudest boast is 'Ich bin ein Berliner.'"

Kennedy wasn't the first veteran of World War II to serve as President. That honor belongs to Eisenhower, the Allies' Supreme Commander in Europe.  But JFK was the first foot soldier to become chief executive, had tasted war and seen battlefield death, and knew there could be no compromise with Soviet communism. It had already reduced eastern Europe to a host of servile states and even killed Hungarians in 1956 who had tried to revolt.

The Germans in East Berlin, however, created a more daunting challenge.  

They could just walk to freedom.  

If the East Germans and Soviets had invaded and overtaken the western sector, they would have had to kill American, British and French troops stationed there and started World War III.

So instead of fighting the allies, they decided to fight their own.

By imprisoning them.

"Freedom has many difficulties and democracy is not perfect," Kennedy proclaimed, "but we have never had to put up a wall to keep our people in, to prevent them from leaving us."  He then praised Berliners themselves, explaining that he knew of "no town, no city, that has been besieged for 18 years that still lives with the vitality and force, and the hope and determination of the city of West Berlin."

The wall, Kennedy intoned, was "an offense not only against history but an offense against humanity." It separated families, "dividing husbands and wives and brothers and sisters, and dividing a people who wish to be joined together."  From their "defended island of freedom", he implored them to look to the future and lift their "eyes beyond the dangers of today, to the hopes of tomorrow."

He then concluded:

"Freedom is indivisible, and when one man is enslaved, all are not free."

"When all are free, then we can look forward to that day when this city will be joined as one [with]  this country and this great continent of Europe in a peaceful and hopeful globe."

And . . .

"When that day finally comes, as it will, the people of West Berlin can take sober satisfaction in the fact that they were [on] the front lines for almost two decades."

"All free men, wherever they may live, are citizens of Berlin."

"And, therefore, as a free man, I take pride in the words 'Ich bin ein Berliner.'"

On Monday, the Republican Speaker of the Texas House of Representatives announced that Democratic legislators could leave the Capitol in Austin only if they signed permission slips agreeing to return  on Wednesday and allowing the state police to trail and monitor them to insure they did so.  Those who refused to sign the slip were confined to their offices, and those who left (with or without signing  the slip) were literally shadowed by the state police on a 24/7 basis.

Texas's Republican Speaker is Rep. Dustin Burrows. This piece of childish immaturity and rank illegality was justified, so Burrows claimed, because Democrats earlier in the month had left the state in order to make it impossible to convene a special legislative session.  No legislative session can occur absent a quorum, which requires the physical presence of at least two-thirds the sitting members. The Texas House has 150 members. 88 are Republicans and 62 are Democrats. At least 100 members are needed to constitute a quorum, and without the absent Democrats that was impossible.

The GOP called the special legislative session to redraw Texas's Congressional district lines and create five additional Republican seats. Though redistricting is usually done every ten years when the census is taken, President Trump ordered Texas to engage in this additional round of redistricting because he fears Republicans will lose the House of Representatives in the 2026 mid-term elections. Given that Trump's overall approval rating is at 38% in some recent polls and his Big Beautiful Bill (which guts Medicaid and supplemental food assistance, balloons the deficit, and lines the pockets of the super-rich) is almost universally despised by the public, this is a reasonable fear.

Drawing lines to capture seats is known as gerrymandering.  The word was created in 1812 when Massachusetts Governor Elbridge Gerry signed a law redrawing Congressional lines that created a Boston district in the shape of a salamander. Hence . . .

Gerry-mander. 

Over the years, and in fairness, both Democrats and Republicans have done it; Gov. Gerry himself did it to benefit the Jeffersonian Democratic-Republicans and hurt the Federalists.  Of late, however, the GOP has embraced the practice with abandon, and with computer-driven data banks that allow cartographers to know voting behavior almost down to the household, while good government groups in two of the largest Democratic states (California and New York) have made the practice illegal.  The result is that, once Texas's mid-decade redistricting becomes the law, the GOP will more likely than not win an additional five seats in that state without, under the current rules, the Democrats picking up additional seats anywhere else solely on account of the lines.  

The communists against whom JFK railed in 1963 had elections. They just never mattered, dictated as they were by the only permitted party. We are not there yet with gerrymandering, but the trend is bad. In 1992, the number  of states with a divided government was 31. Today it is 13, which means 37 states are now controlled by one party. In the best of all worlds, a Constitutional amendment or national legislation would eliminate the practice and have independent commissions draw the lines in every state. We, however, do not live in that world.

So . . .

In response to Texas, California Gov. Gavin Newsom is now supporting a ballot initiative that would change its law and create district lines that favor Democrats if Texas actually redraws theirs. And New York Gov Kathy Hochul has said she too will propose a law redrawing New York's. The California change would be in time for the 2026 mid-terms.  The New York change would not.

None of this appears to have mattered to Texas or Trump. 

The Texas House passed its new map on Wednesday and its Senate is expected to do so today.. Its Governor will sign the new lines into law shortly thereafter.

Earlier this week, one of Texas's Democratic House members, Linda Garcia, left the Capitol in Austin and drove three hours to her home in Mesquite. Her car was trailed by the state police for the entire trip. When she went grocery shopping later that night, the cop followed her down every aisle.

In his speech in Berlin, Kennedy excoriated apologists for communism.

"There are many people in the world," he said, "who don't understand, or say they don't, what is the great issue between the free world and the communist world. Let them come to Berlin. There are some who say that communism is the wave of the future. Let them come to Berlin. There are some who say in Europe and elsewhere we can work with communists. Let them come to Berlin. And there are even a few who say that it is true that communism is an evil system, but it permits us to make economic progress . . .

Lass sie nach Berlin kommen. Let them come to Berlin."

He also made it quite clear we were different.

"Freedom has many difficulties and democracy is not perfect," he claimed, "but we have never had to put up a wall to keep our people in, to prevent them from leaving us."

Oh, well . . .

Let them come to Austin.

Thursday, July 17, 2025

STREET HUSTLES

When I worked in New York City, I was always amazed at those gullible enough (myself sometimes included) to be taken in by street hustles.

They took various forms.

Shell games where one player's victory turns into a subsequent victim's string of losses.

Cash payments for counterfeit tickets to sold-out games or concerts.

Extortionate payments to the ubiquitous "squeegie men" who "cleaned" windshields at backed-up traffic lights.

The hustles, however varied, had three common features.

First, the conned were captured, either physically or mentally.  They either  had nowhere else to go (those stuck in traffic), thought they had nowhere else to go (the ticket buyers) or convinced themselves they should not go anywhere else (the guy before me won so I can too).

Second, the hustlers were persuasive. They offered what appeared to be either a needed service (tickets; clean windshields) or a reasonable chance at success (victory in the shell game).

Third, even as or after the con became apparent, the individual cost was relatively small and the larger social cost disguised. For the individual, it's about pocket change with the shell game or squeegie man. And though it's much (but not the end of the world) more with the counterfeiter, those who walk away mad generally chalk it up to their own gullibility and vow to be less "stupid" going forward.  In fact, gullibility itself disguises the costs writ large for all these cons, as most of us who fall for them are either too gullible to even notice or too embarrassed to do anything about it other than suffer the loss in silence and move on.  

And sometimes the gullibility is so complete that denial sets in.

There are, afterall, shell game players who return the next day convinced their luck will change.

For the past six months, more than half the country has watched in somewhat jaw dropping amazement as Donald Trump has pressed his slim 2024 electoral victory, bare GOP House and Senate majorities and 6-3 conservative Supreme Court into the service of his own set of dysfunctional, illegal and often cruel policies and programs. 

This has resulted in a raft of executive orders, a single legislative effort, and a series of  court decisions:

(i) to pardon over 1,500 January 6 defendants, many who had attacked and injured Capitol police; 

(ii) to impose enormous tariffs on allies and enemies alike not seen since the era of Smoot-Hawley and the Depression;

(iii) to mass arrest, detain and deport illegal aliens (even thousands who were here legally under prior Biden orders or standard immigration procedures, and often to foreign prisons without any due process whatsoever); 

(iv) to gut the federal work force (including those in the State Department, USAID, the Department of Health and Human Services, the CDC, the Department of Education and the Federal Emergency Management Agency);

(v) to pretend to solve problems he himself created (as in the Iran bombing, necessary only because Trump in his first term pulled out of the 2015 JCPOS agreement that was being honored and actually would have resulted in far less -- in fact de minimis amounts of -- enriched uranium and far fewer centrifuges in Iran than was the asserted reason this year for Israel's attack and America's bunker-busting assistance); 

(vi) to sacrifice Ukraine to if not Putin's agenda then certainly to his timing; and 

(vii) to pass a misnomer called the Big Beautiful Bill that will result in 17 million losing their health insurance and 2 million losing their food assistance so that the 1% continue to receive enormous tax breaks.

For the cops beaten on January 6, the millions who will lose their health insurance, the Ukrainian nation, those who will die without the HIV drugs USAID was providing, the immigrants who have been or will be shipped to foreign (or even Florida, see Alligator Alcatraz) gulags, and the flood victims who will not be rescued because FEMA has imploded . . .

None of this was or will be a street hustle.

But for the unaffected (or not yet affected) who approve . . .

It was.

Consider the three features of the hustle and how Trump exploits them all.

First, the capture.  

Nowadays, those captured are the people Trump has actually conned into thinking they must have what he is offering.  

On tariffs and mass arrest, detention and deportation, they are the white men without college degrees who (falsely) think their economic angst is on account of foreigners or illegal immigrants stealing their jobs. On pardons, it is the same group who swallowed the lie that Trump won the 2020 election and that those who overran the Capitol on January 6 were patriots. On foreign policy, they are the insular without passports who think America First means America alone and above it all. And on shrinking government either through irrational seat-of-the-pants lay-offs or trillion dollar spending cuts that will kill healthcare and food support for millions, they are the 1% convinced they cannot live in a world where the marginal tax rate is what it was (a few points higher) during the Obama administration.

They all think Trump, and only Trump, is giving them something they need or deserve. 

Many of them think they do not have any other choices.

Almost all of them are angry.

And like the proverbial sidewalk optimist watching the shell game, all of them have been captured by the con.

Next, the persuasion. 

If you had to pick an easy group to vilify these days, illegal immigrants would be at the top of the list. They are by definition doing something illegal. They have no capacity to fight back.  And more than half of them are brown. Similarly, if you need to cut spending to preserve a tax cut, the easiest services to cut are those that go to the fewest number of recipients -- the poor who need but can't pay for heath care (hence, Medicaid), the flood victims who want but can't afford to rebuild (hence, FEMA), the foreigners who want but do not have all the ammunition needed to defeat the tyrant (hence, Ukraine) or the ill beyond our borders who cannot live without life-saving medicine (hence, USAID).

All of these groups are easy targets and in the twisted world of a dishonest con-man can be turned into villains who become  props in the sale of his con.

The two central moves in Trump's limited rhetorical arsenal are his degradation of immigrants and his pathological willingness to lie. Though  the vast majority of undocumented immigrants are law-abiding and are here because they were fleeing poverty and sometimes even death for themselves or their families, Trump has spent all of his now almost ten years in national politics talking about them the way Hitler talked about Jews.  See A Tale of Two Fascists, October 23, 2024 https://neils3ds.blogspot.com/2024/10/a-tale-of-two-fascists-hitlers.html. And in his current tax and spending con, he routinely characterizes any spending cuts or lay-offs as being made solely to eliminate "waste, fraud and abuse."  

His immigrant talk -- apart from being inaccurate -- is also disgusting.

And his "waste, fraud and abuse" claims on lay-offs and spending cuts do not survive even cursory factual review. 

Many were refuted soon after the lay-offs themselves, when the "waste, fraud and abuse" that were the departed employees had to be brought back to actually perform the jobs Trump's acolytes had mindlessly fired them from.  Others were belied by the people who actually went in and did Trump's bidding. As one DOGE reviewer noted after his run through the federal bureaucracy in search of demons to slay: "I did not find the federal government to be rife with waste, fraud and abuse. I was expecting some more easy wins."

Finally, the gullibility of apparent low cost and denial.

The most interesting thing about the Supreme Court's 2024-2025 Term is the  number of important and perhaps determinative decisions made on the Court's so-called shadow docket.  These were cases where the Court had to grant or deny a stay or rule on an otherwise interim procedural matter while the actual case moved forward.  Earlier this week, and without ruling on the merits of the case itself, the Court issued an unsigned decision staying a lower court order prohibiting Trump from eliminating over half the employees at the Department of Education. Because Trump's Secretary of Education explained that her lay-offs were "the first step on the road to a total shutdown" of the Department, and because the Department itself was created by an act of Congress and thus cannot be shut down unilaterally by any president, the lower court had issued an order granting a preliminary injunction stopping the lay-offs while the parties litigated the executive's right to do so. 

The Supreme Court stayed that order.

We do not know the reason the Court did so. None of the six justices who granted the stay explained why. Presumably, however, they concluded, as the government had argued in its briefs, that the lay-offs would not interfere with the Department's ability to perform its statutory functions, were not intended to shut the Department down, and were just designed to "cut bloat." In other words, the stay would be cost free.

This move by the government -- and then by the conservative majority on the Supreme Court -- was a street hustle on steroids.  

As pointed out in Justice Sotomayor's lengthy dissent, in which both Justices Kagan and Jackson joined, the administration was just plain lying in claiming no intent to close the Department given both Trump's and the Secretary's explicit public statements to the contrary.  And as she also noted, the overwhelming record evidence from the court below was that the lay-offs already were in fact interfering with the Department's performance of its duties.  Among the effects were funding delays that forced schools to fire teachers and certification delays that made it impossible for college students to obtain federal financial aid. One former Secretary of Education stated point blank that "the Department cannot meet its statutory obligations at the level of staffing proposed by the Defendants."

Like the pea under the shell that is gone once the shell is lifted, the "cut bloat" claim disappears upon inspection.

But the gullible -- on the Court and in the country -- still believe it.

And on the Court, unfortunately, this has now become a habit.

As reported by Adam Liptak in The New York Times yesterday, "In the last ten weeks alone, the court has granted emergency relief to the Trump administration without explanation seven times, according to a tally by Stephen I. Vladeck, a law professor at Georgetown and the author of the book about the court's emergency work called 'The Shadow Docket.'" Using "terse provisional orders meant to remain in effect only while the courts consider the lawfulness of the challenged actions," the report continued, the orders "[i]n practice . . . effectively resolve the case." With them, "[t]he court has allowed the administration to fire tens of thousands of government workers, discharge transgender troops, end protections for hundreds of thousands of migrants from war-torn countries and fundamentally shift power from Congress to the president -- often with scant or no explanation of how it arrived at those results".  

As the Times also noted, "the Trump administration's use of emergency applications in the first half of 2025 represented an all time high of 15 as of June 18".

The previous high for an entire year was 11 . . .

In the last year of the first Trump administration.

Trump is using emergency orders on the shadow docket to disguise the costs of his cons . . .

And six justices on the  Supreme Court -- either oblivious to the harm or taken in by the the administration's strained (even absurd) denials -- are helping him.

The shell game hustle works because the con man actually uses two peas.  The first is under the shell he shows you at the outset.  The second is tucked in a band-aid he wears on the end of his ring finger. The initial pea disappears through a small slit the money on the table disguises as the shell is rapidly moved. The second is then snuck under another shell the loser isn't following.

The con can't work without two peas.

And as the Supreme Court's shadow docket orders show . . .

Neither can Trump's.


Thursday, July 3, 2025

THE TEN ESSENTIAL LIES TRUMP TELLS HIMSELF . . .
AND HIS  GOP ENABLERS  IGNORE OR REPEAT

1.  January 6 was not an attempted coup.

2.  Tax cuts for the 1% do not increase the deficit.

3.  The Big Beautiful Bill will not deprive 17 million of health insurance . . . or close rural hospitals.

4.  The Big Beautiful Bill will not deprive over 3 million of Supplemental Nutrition Assistance Program (SNAP) benefits.

5.   I am only deporting undocumented criminals.

6.   Children born here to undocumented aliens are not American citizens.

7.   Ukraine started the war.

8.   Tariffs are paid by foreigners.

9.    I did not cheat on my wife and have sex with a porn star . . . or sexually assault E. Jean Carroll.

10.  I did not lose the 2020 presidential election.

Happy Birthday America.

Friday, June 20, 2025

IMMIGRANT VOICES – THEN AND NOW – A BRIEF COMPARATIVE (AND HISTORICAL) STUDY IN PREJUDICE AND POSSIBILITY 

(This is a lecture I gave at Mt. Aloysius College in Cresson, Pennsylvania on March 17, 2016. I have just re-read it and think it still timely. I hope you do as well. Mass deportation is, as Pope Leo XIV reminds us, immoral; even more so as hooded ICE agents and an unchecked president terrorize their targeted immigrant community and that community's supporters.  As I argued in 2016, it is also un-American.)

Thank you, Tom Foley, for that kind introduction.  

And thank you, Mt. Aloysius, for inviting me back.

And – as Cornelius Patrick McCarthy I’d be remiss if I did not say this – Happy St. Patrick’s Day. 

When I first spoke here more than five years ago, I came away impressed with the irresistible quality of the place – its striving students, committed faculty, and creative administration.  

But I also came away with the undeniable fact that Mt. Aloysius is itself an immigrant story.  It was founded by a group of Irish nuns – the Sisters of Mercy – in 1853, a mere two decades after the order itself was established in Ireland.  And – like immigration itself – it became and remains a work in progress.

So it is fitting that, on St. Patrick’s Day, this oasis of education founded by Irish nuns in the hills of western Pennsylvania  should be the setting for my thoughts  on America’s immigrant story.

Again, thanks for having me here.  As a rule, the Irish are fond of their opinions, and even fonder of those willing to listen to them.

I want to begin with five quotations – five voices on immigration -- and will invite you to guess when they were uttered and -- if you are really ambitious – by whom:

The first is this –  “Why should the Palatine Boors be suffered to swarm into our Settlements, and by herding together establish their Language and Manners to the exclusion of ours.  Why should Pennsylvania, founded by the English, become a colony of Aliens?”

Here is the second --  “What kind of people are these new citizens?  Some are honest men seeking a home . . . Others will join the hordes . . .  in the coal regions, hive together in hovels, live on refuse, save 90% of their earnings and work for wages upon which no reasonable laborer could exist.”

Here is the third --  “They are brutal, base, cruel cowards . . . creatures that crawl and eat dirt and poison every community they infest.”

Here is the fourth – “I’m surrounded.  They are lovely people, but I just don’t feel at home since the refugees came here in swarms.”

Finally, the fifth – “When Mexico sends its people, they’re not sending their best.  They’re not sending you . . . They’re sending people that have lots of problems.  They’re bringing drugs. They’re bringing crime.  They’re rapists.  And some, I assume, are good people.”

I’m sure everyone recognizes the author of the last statement.  He is the Republican Party’s presumptive nominee for President, especially given the results two days ago, Donald Trump.

But what about the other four?

Well, the fourth comment was uttered by a San Diego resident in the 1980s complaining about her Indochinese neighbors, refugee immigrants and survivors from the Vietnam War. 

The third was made by a prominent 19th century New York City lawyer and diarist  -- a  lawyer described just last week as a “pillar of the city’s Protestant elite" – and was his take on what he called “lower class Irish,” about whom he said “England is right.”

The second is from an editorial in 1891 in the Philadelphia Inquirer talking about the wave of southern and eastern European immigrants who came to the country in growing numbers after 1880. 

And the first is a statement made by none other than Benjamin Franklin.

My point in beginning with these quotations, these voices, is this.  While America has undoubtedly been a nation of immigrants over the course of its multi-century history, it has – unfortunately -- also been a nation of immigrant haters. 

The immigration story in this country has, historians tell us, proceeded in distinct stages -- from the pre-colonial and revolutionary period where all were immigrants or their pretty direct descendants; to the two great immigration “waves” – the first in the mid-19th century, and the second between roughly 1890 and the 1920s --  that together saw 33 million people come here in what was and remains, as one author noted, “the . . . greatest migration in world history”; to the so-called exclusionary period from 1924 to 1965, where both numerical and, in effect, racial quotas were imposed limiting the pool of immigrants largely to those from northern Europe; on up to the restricted but non-exclusionary period from then until now, which has occasioned an explosion of Asian and Hispanic immigration. 

In all of those stages, and across ethnic and racial groups, praise for immigration has regularly been drowned out by prejudice against – indeed, in certain circles, hatred for -- immigrants.   

In the 1840s and 1850s, that hate manifest itself in the formation and initial success of the Know Nothing Party, a political party which wanted to stop Catholics from voting, increase the naturalization period from five to twenty-one years to stop immigrants from becoming citizens, and  -- when all else failed – actually kill Catholic voters on election days.

In the late nineteenth and early twentieth centuries, anti-immigration hatred found expression in the Chinese Exclusion Acts, which first limited and then ultimately ended Asian immigration until those laws were fully rescinded in 1965.  It  also found expression  in New York City election night attacks on Russian Jews in the 1890s, Jews who themselves were part of the ultimately 2 million refugees from pogroms in Tsarist Russia; in the anti-Asian harassment visited upon Korean immigrants to California in the early 1900s; in the lynchings of Italians in the 1890s and execution of Sacco and Vanzetti in 1927; and in the ubiquitous presence of job advertisements throughout the northeast punctuated with the warning that “No Irish Need Apply”. 

No immigrant group was spared.

In our own day, hatred emerges in the form of overwrought demands for walls and calls in some circles to amend the Constitution to repeal the 14th Amendment’s guarantee of birthright citizenship.  This last effort is a response to the existence of undocumented aliens whose children were actually born here.  These children are now referred to by some as “anchor babies,” an invented class of innocents whose misfortune in life was to have parents who wanted them to live in a better place, and who – in what would decidedly be an American first – would now be forced to pay for the legal sins of their moms and dads.

Perhaps most importantly, these prejudices --  as the statements I quoted earlier show --  have been shared by both the august and the average, by both the esteemed and the unwashed.

In short, it did not begin with Donald Trump.

Nevertheless, it is my hope that it end with him.

And so my purpose today is to advance a strategy that might help us make this so, and to emphasize why such a strategy is particularly necessary today.

In the case of certain subjects, and – for those in my generation – I suppose the inner workings of an I-phone qualify as a good example, it is the true that ignorance is bliss. That is not the case, however, when it comes to talk about immigration in America or America’s immigrant voices.  The most important thing we must do, therefore, is lay to rest some of what I would call America’s most enduring immigration myths.

And the first of these is that, as a nation of immigrants, we are a “melting pot.”

We are no such thing.

In fact, it’s a very bad metaphor. It’s a bad metaphor because it is not factually accurate, either as a matter of history or culture.  It implies that, at the end of the day, we are all alike, when in fact we are all different.  In implying we are alike, moreover, it demeans diversity – and all the benefits of diversity – and allows the world to reject calls for diversity as just another form of political correctness.     

So let’s be clear.

The immigrant populations who peopled these shores did not melt into some androgynous American whole.   

On the one hand, immigrants tended to stick together once they got here.   They created ethnically centered support networks to survive, prosper and aid family members left behind.  In nineteenth century New York City, Boston and Chicago, following the two great waves of immigration, there were distinct Irish, Italian, German, Polish and Scandinavian neighborhoods.   Each had their own churches, synagogues, meeting halls, bars, restaurants and -- in some cases – even schools.  They ate together, played together, prayed together and lived together. 

All of these groups sent money home, either to lessen the poverty in Europe from which they had fled or to book passage for relatives who would join them in the new world. 

And English was not the only language spoken once they got here. 

Frankly, it wasn’t even the only language spoken by the Irish after they arrived.  I know that because, as a young child, I sat beside my grandfather as he spoke to a cousin, and I could not remotely make my way through that cousin’s Irish brogue.

Today, the same realities can be found in cities and towns throughout this country that are now home to Central American, Mexican, Caribbean, Chinese, South Asian (Pakistani and Indian), Indochinese, Thai and Korean immigrants.   

For a year only a few back, my son worked in Mt. Kisco, NY for a non-profit known as Neighbor’s Link.  The organization exists to place immigrant day laborers in itinerant jobs throughout the town and larger area.  My son was hired because he had done all of those jobs and speaks Spanish.  He was therefore able to represent all of the immigrant day laborers looking for jobs, negotiate with the employers, and insure the workers were paid once those jobs were done. 

In working there, he discovered that the immigrants in that town were largely Guatemalan.  In fact, they were largely from one town in Guatemala and pretty much knew each other before they had even arrived.

In each of these ‘hoods, as it were, native cultures, languages, worship services, foods and habits are preserved, enhanced, lived and -- ultimately – shared.  They aren’t lost or discarded.  Before 2000, it was hard to get a Guatemalan meal in Mt. Kisco, NY.  Today, it is hard to get a bad one there.

So, to put it simply, the myth of the melting pot distorts reality.  We are not a melting pot and never have been. 

But the myth also distorts our goals.

There is almost a universally held belief in the United  States that assimilation is the sine qua non – the indispensable goal -- of immigration.  It’s asserted to be what those 33 million who came here between 1820 and 1920 accomplished.  They assimilated.  And it is what everyone who has come here since is claimed to have done or told he or she should do.

But what does it mean to assimilate?

And what are all those demanding assimilation actually looking for?

Because this is where the myth of the melting pot does some of its greatest damage.

On the one hand, assimilation can be taken to be the rough equivalent of learning the common language and the common laws.  These, frankly, are not onerous demands, nor ones that immigrants resist.  In fact, studies show that the overwhelming majority want to and attempt to become proficient English speakers, and that as a group they are more law-abiding on average than their non-immigrant neighbors.

But let’s be honest.

The call for assimilation is never just about language or the law. The word itself gives that away.  The dictionary defines assimilation as “conformity with the customs or attitudes of a group.”  To “assimilate” is “to cause to resemble.”  And more often than not, conformity – resemblance -- is what assimilationists  demand. 

And the absence of it is what they vehemently object to. 

So, worshiping at the altar of assimilation, learning English morphs into no bi-lingual education on the nutty assumption that being bi-lingual or tri-lingual is somehow un-American in a nation whose motto – e pluribus unum (or, out of many, one) – is in fact stated in a foreign language.

Or “swarms” of Indochinese neighbors make a woman in California “feel” like she just isn’t “at home,” even if they are all “lovely people.”

Or a leading candidate for President can get away with the demonstrably false claim that Mexican immigrants are mostly “rapists” and “drug dealers” because they are “not you.”

Or that same candidate can get away with the equally absurd notion that it is fine to build a wall on our southern border, thus keeping out the browns, while at the same time categorically refusing to build one on our northern border, which would keep out the whites.

That, unfortunately, is what the melting pot metaphor makes possible.  In demanding that we march to the promised land of assimilation, and in asserting that this is the land to which all our forebears marched , resemblance --  conformity with the group – becomes the defining mark of success.  Our differences are denied; in fact, they are buried or melted away.   The more different any would be immigrant is, the less able he or she is to resemble or conform, the less likely he or she will be able to assimilate, and the more justified any initial exclusion or denial becomes.  In the end, we all need to become white – or mostly white -- Europeans.  

Here at home. 

Just like Benjamin Franklin.

Even if we aren’t.

We need a better way to think about this.

And I think I may have one.

In 1991, I met David Dinkins.  He was then the Mayor of New York City, the first – and to date only – African American Mayor of New York City.  Like all politicians, or at least most of them, Mayor Dinkins hired speech-writers.  (I say “most” because I am certain that the one other politician I know in this room – Tom Foley – wrote his own speeches, and for the record, I wrote mine.)  In any case, for a while, I was a Dinkins speechwriter.

In one of the speeches I wrote for the Mayor, I mentioned the melting pot that was America.  To me at the time, this seemed a mellifluous turn of phrase that no savy politician would ever red-ink or toss into the waste basket.  

Except that this is exactly what Mayor Dinkins did. 

David Dinkins didn’t believe in the myth of the melting pot. 

America – the nation of immigrants -- wasn’t a melting pot to him.

It was a quilt, a mosaic.  It was stitched together to be full and whole.   But it was also resplendent in its multi-colored, multi-textured pieces, each retaining its separate identity even as it became part of that whole.

Mayor Dinkins was right.

You can say many things about quilts.  But you can’t say the pieces melt into each other.  Because mosaics aren’t uniform and they don’t destroy differences.  They highlight them, and celebrate them, and -- sometimes -- even cry about them.

And that is the true immigrant story here in America today.

But don’t take my word for it.  Instead, listen to some of today’s immigrant voices.

Because it is the story, for example, of Trong Nguyen.  Here’s what he said in 1986:

Since I came to Chicago in 1976, I have been involved in building the Vietnamese community.  Of the 12,000 Vietnamese who live in this city, more than half live in a fourteen-block area around the Argyle Street business strip, between Broadway and Sheridan roads.  Uptown is called the Ellis Island of Chicago. Some thirty languages are spoken in the area.

It is also the story and voice of  The New York Times's Helene Cooper, whose mother and sister migrated with her from war torn Liberia to Knoxville, Tennessee in April 1980. She said:

Being in Knoxville felt like straddling two worlds.  There was my physical world with the monotony of going to school every day where no one talked to me . . . Then there was the world in my head, the one in Liberia [before we left.]  That was the world I cared about, the world that I missed so much . . . That world was filled with people I knew and people who knew me.  It was filled with a deep-to-the-bones knowledge that I was somebody and I came from somewhere, a world that . . . my ancestors had built from scratch through blood and sweat.

And it is the story and voice of Angela Gomez, an undocumented Mexican immigrant who became a live-in nanny and maid for a family in Fresno, California, in the 1980s.  Here is Angela’s letter to her friend, Mariana Chavez, in June 1989:

So you want to know what I eat, . . . who I go around drooling over, . . . who my friends are . . .[W]ell hold onto yourself, Girl, because here comes the whole boring roll. . .

[O]ne could say that here in Fresno my life revolves around the radio station, that’s where my best friends work, where I spend almost all my free time. 

We often go out to eat or sometimes to drink beer (I’ve turned into a regular beer drinker, it fascinates me above all on hot days like for example 112 or 115 F, imagine how hot that is if 100 F is like 40 C) (It’s true now like your mom said when I was in [Mexico], you sweat everywhere here) . . . 

Since the [radio] station is a community organization and not for  profit[,] it receives help from various foundations and organizations, like for example the California Council of the Arts, . . . but there are others like the church that organize like peace bodies and send necessities to organizations .

And then she says “all right, it isn’t precisely the church, they’re Jesuits.”

The Jesuits, it turns out, were particularly important to Angela Gomez.  In trying to get out of Fresno, she applied to work for a Jesuit volunteer corps in Massachusetts and, needing a letter of recommendation, asked for one from a Jesuit priest she knew in Los Angeles.  That priest, however, decided she should work with his organization in Los Angeles.  Here’s how Angela tells the rest of the story:

Like three days later [Father Boyle] called me [and asked] why didn’t I work for them, that they needed a person who would take charge of directing Casa Miguel Pro [a Catholic homeless shelter operated by the Delores Mission church in LA]. [H]e offered me a salary . . . [a] car (I’m going . . . nuts learning to drive), [a] house, food and, medical insurance.  Fucking right, I told him yes (it’s the best offer that I’ve had, it means that I’m going to be able to save).  It doesn’t matter to him that I don’t have papers, on the contrary they try to employ undocumented people.  How does that sound, Girl?

Did Angela Gomez melt in or assimilate?   Well, let’s let her tell her story.  In that same letter to her friend Mariana, she says:

[Y]ou ask me how I feel.  You know what, I’ve noticed a mountain of change in me, I feel more secure in myself, like being here has helped me to know myself better, to know what I’m capable of.  I’ve also learned to be more aggressive and not to [waver] in what I actually want.

So, did she assimilate, conform, resemble, melt?  It doesn’t sound that way to me.  It sounds like she discovered herself.

After laying to rest the myth of the melting pot, and exposing the related flaws in the assimilationist project, there are two more equally damaging immigration myths that must be unearthed and discarded, particularly today. 

The first is what I call our “southern border myth” and the second is what I call the “illegality myth”.

The southern border myth is the myth that ignores the origin of our southern boundary, the line that separates Texas, New Mexico, Arizona and California from Mexico, and then turns that border – or any border for that matter -- into a definition of nation-hood.  And there are at least two things that should be said about that myth.

The first is that there was nothing necessary about the United States’ southern border.  It is not natural, and nothing makes it essential to the definition of American nation hood.  In fact, the border is entirely artificial.  It was created by an act of war – the Mexican-American War of 1846  -- that many at the time, including a Congressman from Illinois named Abraham Lincoln,  thought wholly illegal.    

At the time the war was declared, the United States and Mexico actually disputed the border between Texas and Mexico, which itself was a dispute left over from Texas’s war for independence from Mexico ten years earlier.  The Texans thought Texas stopped and Mexico began at the Rio Grande River, and the Mexicans thought their country ended about 150 kilometers to the north, at the Nueces River.  The dispute was actually a lot sillier than even that because the Mexicans called the Nueces River the Rio Grande and thus actually thought  their Rio Grande was the boundary they had agreed to when they settled with the Texans.

In any case, President Polk in 1845 dispatched troops to the disputed area.   The mission of those troops – according to Ulysses S. Grant, a future president but then a lieutenant in the army and at the scene – was to, and these are Grant’s words,  “provoke [the ] fight” that would allow Polk to obtain a Congressional declaration of war and seize Mexican territory. 

They army did so. 

And then President Polk did so.

During the war, the United States seized all of what then constituted the Mexican Province of Santa Fe de Nueva Mexico (that was present day Arizona, New Mexico and parts of Colorado, Kansas, Oklahoma and western Texas).  The US also seized  all of the disputed portion of Texas over which the fight initially began, and all of the Alta California Province of Mexico (present day California, Nevada and Utah, and other parts of Colorado, Wyoming, Arizona and New Mexico).  When it was over, somewhere between 60,000 to 80,000 Mexican citizens living in these territories were turned into US citizens.

The second thing to be said about the “southern border myth” is that the Mexican-American War was really rooted in that earlier war between Texas and Mexico that ultimately led to Texas independence in 1836.  That war was effectively about slavery and was a pre-cursor to our Civil War.  As more Anglo settlers came to eastern Texas in the early 1800s, Mexico eventually decided to do two things in 1829 to stop them.  First, and to the economic detriment of Anglo settlers from our southern states, the Mexican government ended slavery throughout Mexico – and therefore in Texas as well, which was then a Mexican province. And second, the Mexican government ended legal immigration into Texas.  This however, did not stop the Anglos.  They just continued to come into Texas (that is, Mexico) illegally.

The irony of this fact given our concerns today should not be lost on us or on today’s policy makers.  For it is an indisputable fact that Americans were illegal immigrants into Mexico long before any Mexicans illegally came to the United States.  In addition, the border between Mexico and the United States did not define either nation.  The United States was the United States before the war, and once settled – and without moving an inch -- the largest component of US citizens in the seized territories after the war had been Mexican citizens mere moments before.

So much for the sanctity of the southern border.

For, in truth, borders do not make or create nations.  Were that the case, the wall between east and west Berlin put up by the Communists in 1961 would have created two nations.  But it didn’t and eventually it came down. 

Nor will a wall make America a nation or preserve it as one.   Because America was an idea, long before it became a juridical entity or a defined land mass.  That idea is memorialized in the Declaration of Independence’s self-evident truths – equality, life, liberty and the pursuit of happiness -- and in the Constitution’s command of equal protection.   Those truths and that command are universal.   In other words, they apply to all people, including immigrants, foreigners and even illegal or undocumented aliens.

Which takes us to the next immigration myth we need to destroy – the illegality myth.

The illegality myth is pretty simple.  According to it, the United States is besieged with undocumented aliens who have arrived or stayed here illegally.  Proponents of this myth assert that the problem is a growing one, that is, that the number of illegal or undocumented aliens is expanding by leaps and bounds. 

Proponents also claim that the problem at its worst imperils and at its best undermines the whole notion of an American nation.  On this view, what Trump really means when he says “a nation without borders is not a nation” is that a nation which cannot keep illegals out is not a nation.

Finally, proponents of this myth maintain that these undocumented or illegal “visitors” are literally destroying the middle class.  Again, Trump is the go-to advocate for this position.  In his on-line position paper entitled “Immigration Reform That Will Make America Great Again”, Trump asserts that “Decades of disastrous  . . .  immigration policies have destroyed our middle class . . . The influx of foreign workers holds down salaries, keeps unemployment high, and makes it difficult for poor and working class Americans . . . to earn a middle class wage.”

All of these claims are false.

The first thing that must be said is this – whatever its extent, the problem of undocumented or illegal aliens is a relatively recent one.  In fact, it did not really become a problem until after passage of the immigration reform act in 1965.  And this was not because the Asian and Hispanic immigrants who came thereafter were more disposed than their 19th or 20th century predecessors to commit crimes.  Rather, it was because the United States – for the lion’s share of its history – did not restrict immigration in any meaningful sense.  Put differently, there weren’t illegal aliens in the United States in the 19th and early 20th century because it wasn’t illegal for most of the people who wanted to come here to actually do so. 

During the two great immigration waves of the 19th and early 20th century – the period that saw record numbers of immigrants, 33 million of them – there were no restrictions on European and western hemispheric immigrants.  After the ill, the non-literate (in their own languages), and prostitutes were excluded, it was more or less the case that anyone who wanted to come here could do so. 

During that same period, the only categorical restrictions that did exist were restrictions excluding (and later greatly restricting) Chinese and other Asian immigrants.  These restrictions, however, were easily enforceable and rarely violated, principally because of the long journey across the Pacific that had to be undertaken by any potential violators.

In effect, therefore, and to put it bluntly, in the 19th and early 20th century, the nation’s borders were about as porous as could be during this period. 

Nor was there a large population of illegal or undocumented immigrants during the so- called restricted period between 1924 and 1965.  On the one hand, this was because there weren’t sustained conditions leading to immigration from the south.  And on the other, it was because the United States regularly legalized entry for whole classes of political refugees. 

That is how increased numbers of Hungarians arrived after the Soviet Union crushed the Prague Revolt in 1956.  And it is how increased numbers of Cubans were allowed in after the Castro Revolution in 1959.  (And the opposite, namely, the refusal to consider them political refugees fleeing persecution, explains – tragically, and, it must be said, completely dishonorably – why the country did not take in many Jews fleeing Germany during World War II.)  

The so-called problem of undocumented or illegal residents, therefore, is more or less a relatively recent one.

It is also not a growing problem.  Or an economic  one.   Or one that a wall will end.  Or one whose so-called “solution” – deportation – will not create millions of innocent victims. 

In fact, the opposite is the case.

Here are the numbers that tell the real story.

First, at the end of 2014, the last year for which we have data, there were 11.3 million unauthorized, undocumented or illegal immigrants in the United States.  This represented a decline over a period of seven years from a peak of approximately 12.3 million undocumented immigrants in 2007.  The trend here is downward, all the rhetoric from the right wing to the contrary notwithstanding.  There are also more illegal immigrants leaving the country now than are coming into it.

Second, since 2008 -- according to demographic experts at the old INS – there have been more illegal immigrants who entered the country legally and then over-stayed their visas than there have been who crossed our borders illegally in the first place.  And, regardless of when they came,  within the group of unauthorized immigrants as a whole, as many as a third to over forty percent came into the country legally but then overstayed their visas.  These figures are critical because they underscore the fact that southern border control -- including the much-ballyhooed desire of some to build a wall – will not address a very large share – perhaps as high as half --  of the supposed problem.

Third, the group of more than 11 million undocumented immigrants has approximately 3.8 million children who were born in the United States and have been raised here.   These children are not illegal in any sense of that word.  They are American citizens entitled to the full protections of the US Constitution and the laws of the states in which they live.  This means they cannot be deported and, under the laws of the states in which they live, cannot be removed from their parents’ custody.

Fourth, and also within the group of approximately 11 million undocumented or unauthorized immigrants, approximately 20% of them are married to either a US citizen or a lawful permanent resident.

Finally, there is no evidence that illegal immigration has caused a decline in the wages of American workers.  As a general matter, immigration – including immigration after 1965 -- has been a boon to American workers; in fact, in 2007, Republican President George W.  Bush’s Council of Economic Advisers (CEA) reported that “immigrants not only help fuel the Nation’s economic growth, but also have an overall positive effect on the American economy as a whole and on the income of native-born Americans.” 

In that same report, the CEA estimated that the annual wage gains for US workers due to immigration alone were $30 billion.  Though only about 5% of the labor force is comprised of unauthorized immigrants, those immigrants are part of the group responsible for these gains.   They pay taxes and consume goods and services, and if they were legalized they’d do more of both.

Given all these numbers, it is quite clear that the nativist, throw-them-all-out impulse currently in vogue among certain factions of this country is both overwrought and under-sourced.  Immigration itself is not a problem; illegal immigration – which is declining --  is neither large enough nor consequential enough to justify the energy being spent on it; and the solution of mass deportation will create more problems – by making victims of children and spouses who are citizens or legal residents – than it will ever solve.   

Most importantly,  the fact that we remain a nation of immigrants, far from weakening America in the decades ahead, can only make it stronger and the world safer. 

It is imperative that we appreciate this last point 

Especially today.

And it is on this last point that I want to conclude.

The world is getting smaller.  In a growing number of places, it is also getting a lot nastier.  Where that nastiness is most evident, the root cause is intolerance, generally of the religious or ethnic variety.  And at its worst the outcome of that intolerance is terrorism. 

The only real solution to intolerance is diversity. It is the only real solution because only it creates the actual evidence which renders groundless the fears which fuel intolerance in the first place.  It’s a lot easier to despise the Muslim you don’t know on the next continent than it is to despise the Muslim you do know who lives next door.

None of this should be news to any of us here in the United States.  It should not be news because we have lived the experience of seeing intolerance dissipate as that immigration mosaic has been stitched together and diversity has done its job. 

A century and a half ago it was a lot easier to despise the Catholic in Rome you did not know than it was to despise the Catholic next door you did know.  Just as a few decades ago it was a lot easier for a white American to despise the African American who went to a segregated school than it was to despise the African American who sat next to him in school.

If we continue to welcome immigrants; if we celebrate – rather than suffocate -- the different traditions and cultures each immigrant group brings to these shores; if we create paths to citizenship for those caught in an artificial illegality, refusing to accept the false notion that their work steals my job; and if we reject any litmus test that would ban from these shores anyone based on their religion, we can extend our commitment to diversity and create – or, really, re-create --  those examples of tolerance the rest of the world now so desperately needs.

In short, we can recognize immigration as the solution it has always been, not the problem Donald Trump claims it has now become.

And if we do that, we can prove America is great.

Again.

Thank you very much.

Author's Note -- In checking the factual claims in this lecture for accuracy in light of today's numbers, I discovered that not much had changed. Undocumented individuals in the US as a whole comprised roughly 3.4% of the population in 2014 and about 4% in 2025. Their total numbers were 11.3 million in 2014 and 14.8 million in 2025. As in the earlier period, 40% of the undocumented today are those who have over-stayed their visas. Also as in the earlier period, the vast majority live in households where at least one other individual is legal (e.g., a child born in America or a person with temporary or other legal status) 

Despite the rhetoric of the current administration, the undocumented also continue to be more law-abiding than the American population as a whole. In addition, an April 2025 study by the Cato Institute reported that "recent peer-reviewed empirical studies have found no link between violent crime and illegal immigration, a negative relationship between the number of illegal immigrants and most types of violent crime, and lower illegal immigrant criminal conviction and arrest rates in Texas, compared to other subpopulations in Texas."