Update, July 8, 8:32 pm:

In my comments below, I warm about the Trump administration's use of the Big Lie to defend its attempt to include the Census US citizenship question as a sign of coming fascism in America.

An equally, if not even more serious warning of fascism comes from Trump's threat to issue an executive order to include the census question. This would be a direct rejection of the Supreme Court's ruling blocking the citizenship question from being used.

It would mean that Trump's will, not the courts of the United States of America, determine what the law of this land is.

There was once another well-known country where the Will of the Leader replaced the decisions of the courts.

It was Germany, in the 1930's.


See: Washington Post, July 8:

The Justice Department just pulled its lawyers from the census case. That could signal something ugly ahead.

Update, July 8, 12:15 pm:

Thinkprogress reports on July 8 that the UN Human rights commissioner is "appalled" by the horrible conditions in Trump's immigration detention camps. See:


https://thinkprogress.org/un-human-rights-commissioner-detention-centers-e89221887853

According to the above report, the UN Human Rights Commissioner, Michelle Bachelet, has called the conditions tn the camps "undignified" and "alarming".

This makes the Big Lie of Trump's acting DHS chief, Kevin McAleenan, to the effect that the reports of terrible and inhuman conditions in the detention centers are false or "exaggerated" (see below) all the more reprehensible and outrageous.


My original comment follows:

One of the clearest and most dangerous signs of impending fascism is when the government uses the notorious Big Lie.technique as an instrument of power. But Donald Trump, egged on by his white nationalist "base", and one can reasonably assume, senior immigration policy advisers such as Stephen Miller, has been so obviously using the Big Lie in the Supreme Court in litigation over the 2020 census citizenship question, that even his own Justice Department lawyers are now withdrawing from this case and the DOJ is now looking for new ones to replace them, as both the New York Times and the Washington Post report on July 7. See, WP

Justice Department changing lawyers on census case

The Post reports:

"The census case, though, seems to have become something beyond [DOJ lawyers' not supporting Trump's agenda personally]. Justice Department lawyers had told those suing to block the citizenship question from being added that the 2020 Census would be printed without it, and, internally, they thought they had no other options. When Trump tweeted Wednesday that the case was 'absolutely moving forward,' some lawyers on it were blindsided.

Appearing before a federal judge in Maryland, Justice Department attorney Joshua Gardner explained how he had always 'endeavored to be as candid as possible with the Court' but that he did not know what was on Trump's mind."


Nor is this the only false statement about the Census issue that DOJ lawyers wound up being forced to make in federal court. ThinkProgress reports that, according to an ACLU brief filed in federal court in New York, DOJ lawyers also were led by the Trump administration into misrepresenting the Census deadline. See,

Trump's Justice Department lawyers may soon pay a high price for lying to the courts.

However, undermining or destroying the credibility of his own lawyers in court on a crucial issue such as whether Trump planned to obey the Supreme Court, or defy it by going ahead with the citizenship question despite the High Court's order not to do so unless the administration could come up with a better excuse, to the point where the DOJ lawyers evidently had no choice but to withdraw from representing Trump in his own Census case is not by any means the worst example of the Trump administration's disregard for the truth and the rule of law.

The bigger issue is Trump's use of the Big Lie about the substance of this litigation, namely the reason for wanting to include the citizenship question in the first place.

It should now be obvious to all that Trump's original pretext for wanting to include the citizenship question, namely that it would allegedly help enforce the Voting Rights Act, i.e. protect the legal rights of nonwhite US citizens, was nothing but an out-and-out fraud upon the federal courts, including the Supreme Court.

This is why even Chief Justice Roberts, who was willing to give Trump a pass on his fraudulent "national security" pretext for imposing the Muslim Ban, was unable to stomach Trump's Big Lie in the Census case.

So what was and is the real reason for Trump's insistence on including the citizenship question in the 2020 Census?

The Post's Jennifer Rubin, who supports most Republican positions and was an enthusiastic Romney fan in the 2012 presidential election, and who can therefore hardly be accused of pro-Democratic bias, writes on July 7:

"Moreover, we know from evidence belatedly uncovered that the real reason [for the citizenship question] was to produce a census that favored white voters and hence the Republican Party (thereby acknowledging that the party's political survival is dependent on artificially inflating the white share of the electorate)..."

Rubin then quotes Harvard Law School professor and constitutional scholar Lawrence Tribe as follows concerning the Census federal court litigation:

"The district court's refusal to go along with the antics of the Justice Department's legal team has been a reassuring reminder that this dictator-admiring president has not succeeded in breaking the judicial guardrails completely."

See,

Census farce: Trump, Barr and the Justice Department make a mockery of the law

https://www.washingtonpost.com/opinions/2019/07/07/census-farce-trump-barr-doj-make-mockery-law/?utm_term=.4657a3306c01


But even without the overwhelming outside evidence of the real reason for the Census citizenship question that Rubin refers to (in the form of notes left by a now deceased Republican campaign operative who worked closely with the White House on this issue), Trump has given away the whole show himself, as the Washington Post reports on July 5. See:

Trump just admitted something he probably shouldn't have about the census citizenship question

According to the above story,Trump's explanation to reporters was as follows:

"Number one, you need it for Congress - you need it for Congress for [re]- districting."

Trump obviously told the truth - i.e. giving white voters more power to elect Congress - to reporters, while his Justice Department lawyers were engaging in his Big Lie to the federal courts, and the Supreme Court of the United States.

But the census is not the only immigration-related instance of the Trump regime's use of the Big Lie in the past few days.


While Trump's DOJ lawyers have been forced by the administration to use the Big Lie in court about the real reason for the citizenship question, Trump's acting DHS Secretary, Kevin McAleenan, has also been using the Big Lie to deny the horrific conditions in its immigrant detention facilities, in violation of the fundamental human rights to humane treatment and freedom from racial discrimination recognized by US and international law/

This is despite the fact that these inhuman conditions regarding food and sanitation exist has been confirmed by the government's own watchdog.

For a full report see ThinkProgress (July 7):

Trump official defends squalid conditions in children's detention facility

https://thinkprogress.org/acting-homeland-security-secretary-defends-squalid-conditions-in-childrens-detention-facility-9eecc66d7919/


This brings us to the most essential question of all: How much longer can Trump be allowed to get away with the classic Big Lie technique in pursuit of his white supremacist immigration agenda before our democracy crumbles and gives way to fascist rule?

Jennifer Rubin writes in her above column:

"As Trump continues to mow down one democratic norm after another and tries to defy Congress and the courts on a regular basis, one has to reevaluate the efficacy and urgency of impeachment."

She than quotes Professor Tribe:


"To refrain from promptly beginning formal impeachment proceedings against a president who conducts his office in this chaotically lawless manner...would be an abdication of constitutional responsibility."

Speaker Pelosi, Chairman Nadler, where are you? Are you waiting for America's democracy to disappear completely and be replaced by a Trump fascist regime before you do anything?

Don't you know that by then it will be too late?



Roger Algase
Attorney at Law