The Donald and the Judiciary

JUDICIAL JOUSTING-Because the judiciary is surrounded with mythology, Americans are unable to intellectually deal with significant issues that involve the court system. The vast majority of Americans do not even know that we have two separate court systems: (1) the federal judiciary and (2) fifty state court systems. To confuse people more, at times the two court systems are mutually exclusive and at other times, their powers overlap. (Photo above: AG speaks after federal judge in Seattle issues restraining order on President Trump’s travel ban.) 

The vast majority of Americans only want a court to validate their personal opinions. I call this the Judge Judy approach to courts. People want a bitchy, know-it-all avenging angel (devil) to wreak havoc on the villains. Increasingly, the TV courts have taken on the aura of a Roman circus, influencing the public’s beliefs about how the court system should function. 

At the same time, the public operates on myths about the impartiality of judges and an alleged respect for Due Process. When someone is promoted as thoughtful, he or she is referred to as “judicious,” or “sober as a judge.” 

On the other hand, we had a brief moment of reality in January 2015 when the Ninth Circuit Court of Appeals stated that the California State court system suffers from an “epidemic of misconduct.”  The California Supreme Court also requires its lower courts to enforce arbitration awards which are based on Alternative Facts and work a substantial injustice on the victim. See Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1. One should note that the federal court criticized the entire California state system and blamed the “epidemic of misconduct” on the judges and justices. 

Into this muddled sea of confusion over what the courts should be and what the courts actually are, waddles the befuddled Donald Trump. Donald Trump’s idea of a fair court is limited to judges who agree with him 100%; he believes that only judges with his same ethnic background are qualified to judge him. As a result, The Donald repetitively criticized federal trial court Judge Gonzalo Curiel, charging that since Judge Curiel was a “Mexican,” he was a “hater” and that the judge was “giving us [Trump University] very unfair rulings." 

Donald Trump’s attacks on Judge Curiel were in line with the public’s “Judge Judy philosophy” – a judge is good only if he or she agrees with one’s position. Unlike the federal court which singled out the California judicial system under Chief Justice Tani Gorre Cantil-Sakauye for creating an epidemic of misconduct -- where people were railroaded into prison on the basis of lying jailhouse informants and perjury -- The Donald’s attacks on Judge Curiel were based on the judge’s heritage and his belief that Judge Curiel was out to get him. 

In this toxic mixture of public ignorance, judicial corruption, and the personal rants of an Enfante Terrible, the nation finds itself in constitutional crisis due to Trump’s Muslim ban which alleges that Muslims from seven countries are not being properly vetted. Interestingly, Trump has no known business interests in those nations, none of which have sent us a Muslim who has killed any American on American soil. 

However, the Muslim ban excludes Arab nations from which terrorists have come to the U.S. and murdered thousands of Americans. And Trump does have extensive business interests in some of those un-banned countries such as Saudi Arabia. Thus, exemptions for some Muslim countries raise questions as to whether President Trump is using his power as President to advance his personal business interests. 

Within hours, federal judges began to restrict the scope of the Muslim ban. For example, on January 28, 2017, federal Judge Ann Donnelly found that retroactively applying the ban to people who have held American Green Cards for years was beyond the power of an executive order. 

On February 3, 2017, federal Judge James L. Robart, issued a temporary nationwide injunction against the Muslim ban, prompting an angry President Trump to tweet, “The opinion of this ‘so-called judge,’ which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!” 

We shall leave aside the fact that Judge Robart issued only a TRO which would hold the status quo until a Three Judge Panel could hear the matter. President Trump called into question the legitimacy of Judge Robart by his use of the words “so-called judge.” What does that even mean? Is James L. Robert some guy off the street who snuck into the federal court house and issued an order while pretending to be a judge? 

In a nation where we learn weekly on shows like 20/20, 48 Hours, and Dateline about people who’ve been convicted using falsified evidence composed of lies, deceit and bigotry, we are beginning to realize that we have a serious problem with a corrupt judiciary. A huge number of judges are former prosecutors. When they preside over criminal trials and watch former colleagues parade lying jailhouse informants in front of juries in order to obtain convictions, these judges know exactly what is happening.  

Here we are, two years after the federal court accused California judges of creating an epidemic of misconduct, and we have a new federal investigation into the on-going use of lying jailhouse informants in Orange County, California. Judges in Los Angeles County have also created an environment in which Fiction becomes Fact and Facts disappear altogether, and where attorneys who “refuse Jesus Christ” are removed from cases. But no one will deal with the implications of the epidemic of judicial wronging in California, just like no one will deal with the implications of Donald Trump’s wheeling and dealing with judicial nominations. 

At the same time that President Trump has launched his attack on federal Judge James Robart, he is nominating Judge Neil Gorsuch to the U.S. Supreme Court. As we have seen with Judge Curiel as well as with Judge Robart, Donald Trump wants what he wants and that is all that matters. During the campaign, when asked by The Hill’s Peter Sullivan what he thought about the “sanctity of life,” Trump said, “I will protect it and the biggest way you can protect it is through the Supreme Court and putting people in the court.” On Tuesday night, in an interview with Fox News Channel’s Bill O’Reilly, Trump said he will appoint Supreme Court judges in order to make abortion illegal. “I have become pro-life,” Trump told O’Reilly, “And the reason is, I have seen, in my case one specific situation, but numerous situations that have made me to go that way.” 

Trump habitually reminds the world that everything is a deal. His life appears to be based on his 1987 ghost-written book, The Art of the Deal. The question arises: what deal did Judge Neil Gorsuch make with Donald Trump in order to be nominated? It is a no win situation for the nation and an equally no win situation for Judge Gorsuch. If he did make a deal to get the nomination, would he admit it? 

Because the entire world sees that President Trump lacks self-restraint when acting in public, it would be naive to believe he had the self-restraint in private not to make a deal with Judge Gorsuch. It is hard to believe Trump would make any appointment without a deal. 

All the way from the faux TV court shows to the U.S. Supreme Court, the nation’s judiciary is in disarray. California is fatally ill with “corruptionism,” while much of the general public cares naught for due process or human rights. If a judge does not endorse its bigoted fears and hatreds, the public can refer to him as a “so-called judge.” What will the world think of a nation where the President himself calls into question the legitimacy of the federal judiciary – and who rails against a judge who, by all accounts, is a jurist of exemplary character?   

In Trump’s America, a man is no longer judged by the content of his character, but by his loyalty to the most powerful.

 

(Richard Lee Abrams is a Los Angeles attorney. He can be reached at: [email protected]. Abrams views are his own and do not necessarily reflect the views of CityWatch.)  Edited for CityWatch by Linda Abrams.

Is Reading Steinbeck an Antidote to Donald Trump?

READING FOR RELIEF-A rotten egg incubated by reality television and hatched by retrograde thinking about women and the world, the presidency of Donald Trump is creating anxiety, fear, and a growing sense among progressives that an American psycho now occupies the White House. Many, like me, are turning to John Steinbeck for understanding. But that consolation has its limits. 

As Francis Cline observed recently in The New York Times, one positive result of the groundswell of bad feeling about Trump is that “[q]uality reading has become an angst-driven upside.” Anxious Americans yearning to feel at home in their own country have a rekindled interest in exploring their identity through great literature: “Headlines from the Trump White House keep feeding a reader’s need for fresh escape.” “Alternate facts,” when “presented by a literary truthteller” like John Steinbeck, are “a welcome antidote to the alarming versions of reality generated by President Donald Trump.” 

The literary tonic recommended by Cline may or may not have the power to clear the morning-after pall of Trump-facts and Trump-schisms (the two sometimes interchangeable) afflicting our panicked public dialogue, our beleaguered press, and, for those as apprehensive as I am, the American-psycho recesses of our collective mind. Perhaps counter-intuitively, his prescription for mental wellness includes works by a group of novelists with a far darker worldview than that of Steinbeck, who felt an obligation to his readers to remain optimistic about the future whenever possible. The writers mentioned by Cline include Sinclair Lewis (It Can’t Happen Here), George Orwell (1984), Aldous Huxley (Brave New World), William Faulkner (The Mansion), Jerzy Kosinski (Being There), Philip Roth (The Plot Against America), and Philip Dick (The Man In The High Castle). As an antidote to Donald Trump, they are bitter medicine. Is Steinbeck’s better? 

As the Trump administration pushes plans to litter federally protected Indian land with pipelines (“black snakes”) that threaten to pollute the water used by millions of Americans, John Steinbeck's writing about the dangers of environmental degradation seems more relevant, and more urgent, than ever. To mark the 100th anniversary of Steinbeck’s birth in 2002, the award-winning author and journalist Bill Gilbert wrote an insightful article on the subject for The Smithsonian entitled “Prince of Tides.” In it he notes that “Steinbeck’s powerful social realism is by no means his only claim to greatness. He has also significantly influenced the way we see and think about the environment, an accomplishment for which he seldom receives the recognition he deserves.” 

Judging from “The Literature of Environmental Crisis,” a course at New York University, Gilbert's point about Steinbeck's stature as an environmental writer of major consequence is now more generally accepted than he thinks. Studying what “it mean[s] for literature to engage with political and ethical concerns about the degradation of the environment” the class will read “such literary and environmental classics as Rachel Carson’s Silent Spring and John Steinbeck’s The Grapes of Wrath” to “look at the way literature changes when it addresses unfolding environmental crisis.” 

“Before ‘ecology’ became a buzzword,” Gilbert adds, “John Steinbeck preached that man is related to the whole thing,” noting that Steinbeck’s holistic sermonizing about nature's sanctity reached its peak in Sea of Cortez, the literary record of Steinbeck’s 1940 expedition to Baja California with his friend and collaborator Ed Ricketts, the ingenious marine biologist he later profiled in Log from the Sea of Cortez. In it Steinbeck seems to foresee how America’s precious national resources -- and collective soul -- could one day become susceptible to the manipulations of an amoral leader like Donald Trump: 

There is a strange duality in the human which makes for an ethical paradox. We have definitions of good qualities and of bad; not changing things, but generally considered good and bad throughout the ages and throughout the species. Of the good, we think always of wisdom, tolerance, kindness, generosity, humility; and the qualities of cruelty, greed, self-interest, graspingness, and rapacity are universally considered undesirable. And yet in our structure of society, the so-called and considered good qualities are invariable concomitants of failure, while the bad ones are the cornerstones of success. A man – a viewing-point man – while he will nevertheless envy or admire the person who through possessing the bad qualities has succeeded economically and socially, will hold in contempt that person whose good qualities have caused failure. 

“Donald Trump has been in office for four days,” observes Michael Brune, the national director of the Sierra Club, “and he’s already proving to be the dangerous threat to our climate we feared he would be.” The executive actions taken by Trump in his first week as president (“I am, to a large extent, an environmentalist, I believe in it. But it’s out of control”) appear to fulfill Steinbeck's prophecy about the triumph of self-interest over social good. That’s a hard pill to swallow for anyone who cares about the planet. 

Whether Trump becomes the kind of full-throttle fascist described in It Can't Happen Here remains to be seen. Sinclair Lewis's fantasy of a future fascist in the White House appeared the same year as Tortilla Flat, Steinbeck's sunny ode to multiculturalism and the common man. Unfortunately, I'm not as optimistic about the American spirit as John Steinbeck felt obliged to be when he wrote that book more than 80 years ago. I’m afraid that the man occupying the high castle in Washington today is an American psycho with the capacity to do permanent harm, not only to the environment, but to the American soul Steinbeck celebrated in his greatest fiction.

 

(Stephen Cooper is a former D.C. public defender who worked as an assistant federal public defender in Alabama between 2012 and 2015. He has contributed to numerous magazines and newspapers in the United States and overseas. He writes full-time and lives in Woodland Hills, California. Follow him on Twitter @SteveCooperEsq. This piece was written for Steinbeck Now. It is being published here with the author’s permission.) Prepped for CityWatch by Linda Abrams.

Dress Like A Woman: Paying Tribute to the Victims of the Tragic - Also Imaginary - Bowling Green Massacre

GUEST WORDS--Nation, do not despair. Despite the Trumpian carnage all around us, online wiseacres - along with mass resistance by a galvanized populace, lawsuits by the ACLU and other tireless defenders of the rule of law, ongoing investigations into multiple wrongdoings, impeachment proceedings when appropriate, our time-honored system of checks and balances, and the possible discovery one day soon by the press and Democrats of their respective spines - may help save us.

Kellyanne 'What Is This Thing Called Facts?' Conway offered the latest opportunity to be gleefully horrified - yes, these days that's possible - when in a tee vee interview with Chris Matthews she just plain made up  a "massacre" by Iraqi refugees to justify the travel ban. Conway cited two radicalized Iraqis here who were "the masterminds behind the Bowling Green massacre," helpfully adding, "Most people don’t know that because it didn’t get covered."

Yes, well. The media quickly agreed they had, in fact, failed to cover it because it had, in fact, never happened. Turns out Conway was evidently referring to a 2011 case in which two Iraqi citizens were caught in a Federal sting and indicted for trying to send weapons and money to Al Qaeda; both were convicted, and are now serving life and 40 year prison terms. Conway later admitted she'd made an "honest mistake," hastening to add that the press does that, like, all the time, like remember for the 9,784th time when that reporter said the MLK bust was removed and it wasn't so hah what's a fictional massacre anyway?

Too little too late: Twitter took  the massacre and happily ran with it. They offered "alternative thoughts and prayers" and silence for the victims. They chided commenters that the massacre jokes were too soon and "out of respect we should wait till it takes place." They offered RIP to those who lost their lives in the massacre as well as grizzly bear attacks in schools. They urged, "Never remember the imaginary victims." They blasted Conway "for attempting to politicize the massacre, in which I was killed." They listed other victims: "Paul Ryan's dignity, Marco Rubio's spine, Harambe, Voter Fraud Investigation, Cecil the Lion." They bitterly chimed in, "Thanks Obama."

They recalled their thesis on the massacre, their Ph.D from Trump University, and how Betsy DeVos plagiarized it. The best brought it all home by merging recent Trumpian catastrophes, as in, "Saddened and sickened by Frederick Douglass' silence surrounding the Bowling Green Massacre" and, "One still shudders to think how bad the Bowling Green Massacre would've been if not for the heroic intervention of Fred Douglass."

A Wikipedia page quickly sprung up. A mournful tribute folk song  - complete with fields of lollipops and unicorns - emerged. Enterprising New Yorkers held candlelight vigils for the victims: "Never remember! Always Forget! And one ingenious soul took constructive action by creating a Bowling Green Massacre Fund for the victims and families, seeking donations by intoning, "We all still carry the vivid memories of what horrors occurred at Bowling Green, but some still relive those moments every day as they work to rebuild a community torn apart...As we join together with our thoughts and prayers, we will always remember how our fortitude and compassion unite us all through these difficult times." Its website link - brilliant - goes to the ACLU.

Still, it's hard to keep up with orange-tinted idiocies: By mid-day Friday, the enthusiasm for the massacre had met its snarky match thanks to a report from the White House that the Sexual-Assaulter-In-Chief "likes the women who work for him 'to dress like women.'" This news was received about as well as to be expected, swiftly sparking the now-viral hashtag #DressLikeAWoman highlighting high-achieving women wearing whatever damn thing they want. For a change of pace, it relies on photographs not words, even though, don't forget, he has the best ones, ever.

(Abby Zimet posts at Common Dreams … where this and other excellent perspectives on the current state lives was first posted.)

-cw

The New California Ferrari Goes 196 Miles per Hour, and Comes with a Cupholder

CONNECTING CALIFORNIA-When I finally got the keys to California, I wondered how fast it would go. So, on the 210 freeway, I floored the accelerator and within seconds I was driving 100 miles per hour. 

I immediately felt exhilaration -- and fear. This speed was totally unfamiliar to someone who has spent his life driving beaten-up Toyotas. In California we like to think we can move as fast as our imaginations can take us, but this shiny red convertible named California moved too fast for me. 

I was not driving my own car. Ferrari let me drive its latest California model -- officially the Ferrari California T -- for four rainy January days. I requested the loaner because I thought it might provide some escapist fun at a difficult time for our state and country, and because, on the north side of age 40, I deserve a mid-life crisis. 

But for journalistic purposes, I wanted to know whether the rare car named for our entire state (it’s far more common to name automobiles for specific California places, like the Chevrolet Malibu or Tahoe) could really embody California. I suspected that the folks back in Maranello, the Italian town where Ferrari makes its cars, might just be using our state’s name to sell a pretty automobile. 

My suspicions were wrong. The Ferrari California was a revelation -- as wonderful as our most kaleidoscopic dreams of the Golden State can be. The real problem was that Ferrari’s representation of California may be too faithful. The car is so damn perfect that it has a way of reminding you of our state’s imperfections. 

The Ferrari California aligns with the state on the level of metaphor. California is famously the “Great Exception” among American states, as the 20th century author Carey McWilliams named it, and California is an exception among Ferraris. But the nature of that exceptionalism might surprise you; California is not the most expensive or the most glamorous or the fastest Ferrari. 

To the contrary, Ferrari markets the California as the most practical and versatile of its cars. In its ultra-luxury, high-end way, it nods to the realities of modern California lives -- our business, our diversity, our traffic. 

The California is not a sports car, but a convertible grand touring car, built for comfort, which makes sense if you’re a Californian who works far from where you live, has kids, or is often stuck on our state’s abysmally congested freeways. It’s got two doors, but also enough space in back to fit two children’s car seats. 

“It is a little bit an exception,” Edwin Fenech, the president and CEO of Ferrari North America, told me by phone. “It’s able to be very versatile. You can drive it every day, and it’s very easy to drive. You can go to the grocery store with your car.” 

This has frustrated some Ferrari purists, who seem to equate the brand’s value with extreme male self-indulgence (you’ll see it referred to disparagingly as the “chick” Ferrari online) and complain about everything from its cupholder to its eight cylinders (most cars make do with four or six, but some Ferraris have 12.) 

But Fenech said that versatility shouldn’t detract from the car’s mystique, or California’s. It’s supposed to represent our sun-kissed Hollywood beauty, the kind he experienced as a young professional who saved up to fly his grandparents to California and guide them on a long drive up the coast, from Los Angeles to Monterey to San Francisco. The memory of that trip is a touchstone for Fenech and his family. 

“It’s a car that has all the attributes of being a Ferrari,” he said, referencing “high performance, elegance and flair.” He added pointedly that, in an era moving with surprising swiftness toward self-driving -- or autonomous -- vehicles, Ferrari wanted to affirm its support for Californians determined to steer clear of the trend. After all, what is more emblematic of the Golden State than our belief in primacy behind the wheel? 

“We are the ones who are going to defend the right to drive,” Fenech told me. “Americans in California should have the right to drive every day … Don’t brainwash the new generation with autonomous driving—it’s so beautiful, driving.” 

Fenech said that, while Ferrari makes all its cars in Italy, the U.S. and California also have defined the brand and its market. The race car driver Luigi Chinetti, who immigrated to the U.S. in the middle of the 20th century, pushed Enzo Ferrari to build his own cars and then imported them here. 

Today’s Ferrari California draws on our current infatuation with everything mid-20th century. Ferrari produced three different California models between 1957 and 1967. (Filmmakers used replicas of a 1961 Ferrari 250 GT California Spider in the classic ‘80s comedy, Ferris Bueller’s Day Off). The car became such a valuable collector’s item (some have sold for $20 million or more) that Ferrari revived the brand in 2008. 

The newest iteration, the Ferrari California T, was introduced for the 2015 model year. Fenech said the car fits California in multiple ways. It’s designed with a dual-clutch automatic transmission and a technologically advanced suspension, which makes it easy to navigate through the dense neighborhoods of America’s most urban state. “It’s the most urban Ferrari in our range -- you are able to drive it comfortably in the city,” he said. And the T stands for Turbo, as in the twin-turbo, 3.9 liter engine, which is a nod to our environmental awareness. It can still get the car to 196 miles per hour but uses less fuel and decreases the car’s emissions. (The auto press has speculated that all Ferraris will eventually be hybrids.) 

The Ferrari representative who loaned me the car encouraged me to do as much as I could with it. So I tested its California-ness. I drove it for 90 minutes through bumper-to-bumper traffic to my office in Santa Monica. I navigated potholes in downtown LA. (The seats are so comfortable you barely feel the bumps.) I made my rounds to the grocery store and the In-N-Out drive-through, complete with the requisite in-car consumption of a double-double. I chauffeured my kids to school, secured in their car seats in the back. And I carted luggage, golf clubs, and Little League equipment in the trunk. 

The car held up. I felt far safer while driving it in a rainstorm or on bad roads than I do with my usual ride, a five-year-old Prius. With the top down, I loved the way that the car connected me with other drivers and pedestrians, some of whom offered a thumbs-up and asked what the car was. 

When I took it out on PCH with the top down, the ride was joyful. And I’ve never had an automotive experience happier than the drive up Angeles Crest Highway, with the radio first playing Tom Petty and the Heartbreakers’ “California” (“It’s time we better hit the road”) and then R.E.M’s “Electrolite” (“Hollywood is under me. I’m Martin Sheen. I’m Steve McQueen. I’m Jimmy Dean.”) 

I didn’t want to keep this experience all to myself, so I took the historian Bill Deverell, director of the Huntington-USC Institute on California and the West, for a spin, hoping for expert commentary on the car’s California-ness. He took exception to the suggestion that such a luxury item could be for anyone but the most moneyed Californians. But mostly, he just enjoyed the ride, and the respite from work. “It sure is fun,” he said. 

Of course, the car, like so many wonderful things in our state, fails the core test of accessibility: the base MSRP of the Ferrari California T is $198,973. The one I drove costs $240,000. By Ferrari standards, that’s a bargain (the hybrid La Ferrari sells for well over $1 million), which is by design: An estimated half of Ferrari California buyers are new to the brand. But the car I was driving would cost this non-profit journalist more than three years’ take-home pay. 

Which is another thing that makes the California very Californian. The good life is highly visible throughout our state. But only a few can afford more than a brief ride.

 

(Joe Mathews is Connecting California Columnist and Editor at Zócalo Public Square … where this column first appeared. Mathews is a Fellow at the Center for Social Cohesion at Arizona State University and co-author of California Crackup: How Reform Broke the Golden State and How We Can Fix It (UC Press, 2010).)Photos by Louis Wheatley. Prepped for CityWatch by Linda Abrams.

Why Groundhog Day Now Elevates Science over Superstition

MARMOT MUSINGS-I am a scientist who loves Groundhog Day, that least scientific of holidays. Every February, as Punxsutawney Phil shakes the dust off his coat, emerges from his burrow, glances at his shadow (or not) and allegedly prognosticates winter’s end, I gather a group of professors, graduate students, and other assorted science geeks at my UCLA lab to nibble, drink, schmooze, and revel in ground-hoggery in all its magnificent splendor. 

I study the behavior, ecology, and evolution of groundhogs and the 14 other species of marmots --large, charismatic ground squirrels that live throughout the northern hemisphere. I realize that these rodents can’t tell us when seasons will change. I know that the whole idea of celebrating a mid-winter festival in Los Angeles’s usually balmy clime also makes little or no sense. I know that hanging out with a taxidermied animal I stuffed myself might seem a bit quirky for a tenured professor. 

But Groundhog Day -- and its inherent absurdity -- also serves as a reminder to me and my colleagues of why we do what we do. The United States has prospered in no small part because of our commitment to supporting science and technological innovation. With each new advance -- from the automobile to the polio vaccine to computers to space travel -- we have reinvented ourselves and the world around us. Scientific discovery is at the core of America’s success. Conversely, an Internet meme a few years ago wondered, “Why is that only in America do we accept weather prognostication from a rodent but deny climate change from a scientist?” But for my colleagues and me, groundhogs are symbols of science, not superstition. 

At my annual lab celebration, posters of groundhogs and plush stuffed groundhogs -- not to mention a glittering Swarovski crystal specimen, given to me by UCLA’s Department of Ecology and Evolutionary Biology as thanks for years of service as department chair -- add to the ambiance. Groundhog-themed comics festoon the lab walls. “Two Buck Chuck,” our stuffed adolescent groundhog, presides over the festivities perched in one corner. One fall long ago, when I was doing my postdoctoral research, I found him dead on the side of the road and threw him into the freezer. My wife Janice and I had to wait to stuff him until Christmas break, when the smell associated with thawing and skinning him would be less offensive to our lab mates. 

We’ve been holding our Groundhog Day fête since 2001. America has been at it far longer than that. Groundhog Day was originally a reimagining of Candlemas Day, a Catholic mid-winter festival which itself had roots in a pagan celebration. Europeans observing Candlemas tracked hibernating hedgehogs to predict when winter would end. When the Pennsylvania Dutch came to our shores, they too looked for a hibernating mammal that might help them monitor the weather. 

Woodchucks, also known as groundhogs, were native and seemed to fit the bill: Males popped up out of their burrows each February, probably checking things out and deciding when they should start waking up females to mate. The new Americans took notice, and Groundhog Day was born. 

Since 2001, I have run a long-term study, initiated 55 years ago by my mentor Ken Armitage, now an emeritus professor at the University of Kansas. Ken is the world authority on marmots, and is credited with emphasizing the importance of their annual cycle, which varies by location, in explaining why marmot sociality varies. It was Ken, actually, who first came up with the idea of celebrating Groundhog Day. He used to host the members of his lab at his house, serve “ground hog” (a.k.a. sausage), and recite marmot poetry. 

The study follows individually-marked yellow-bellied marmots at the Rocky Mountain Biological Laboratory in Gothic, Colorado. The value of the work is rooted in its longevity -- it’s one of the longest-running studies of its kind and an important tool for studying evolution in action. The animals are now emerging about a month earlier in the spring than they did 30 or 40 years ago. 

Understanding how individuals respond to environmental change is essential if we want to predict how animals will react to global warming and other human-driven habitat shifts. 

Science is what I do. I’m thrilled and inspired by being able to spend my days uncovering the secrets that hide in plain sight around us, and to use my marmot studies to train students to think critically and objectively. Our grand American experiment has prospered when it has the best possible information -- and I know that the scientific method is a very efficient process for revealing nature’s truths. This is the spirit in which I commemorate Groundhog Day -- celebrating America’s devotion to science, not just superstition.

(Daniel T. Blumstein is a professor at the UCLA Department of Ecology and Evolutionary Biology and the UCLA Institute of the Environment and Sustainability. His seventh book, Ecotourism’s Promise and Peril: A Biological Evaluation, will be published by Springer in 2018. This piece was first posted at Zocalo Public Square.) Prepped for CityWatch by Linda Abrams.

African-Americans to the Democratic Party: ‘We’re at a Crossroads’

LET’S TALK ABOUT IT-As an African-American Democrat, I share the core values of my political party. That is why I am a Democrat. Like me, most African-American Democrats do not want to see the mass deportation of undocumented citizens and families broken up. That said, we would be completely within our right to give the side eye to political leaders who are falling over themselves to get on the “sanctuary state” PR bandwagon.  

When thousands of Blacks left Los Angeles County as a part of the Black flight into San Bernardino County and other far away cities in search of more affordable housing and better schools for their children there was no campaign urging us to stay -- in fact, some would argue cities paved the way to the freeway leading out of city limits. It is not lost on us that no one introduced legislation to help reverse the journey of our grandparents and great-grandparents from the west back to the South. 

When the number of Blacks in California dipped below 10 percent there were no emergency meetings to confer on how cities could better meet the needs of their Black residents and provide sanctuary to those living in areas rife with gentrification to keep them from leaving. 

Living in California -- particularly Los Angeles County -- there is no shortage of “sanctuary cities” with political leaders offering their residents promises of safety from arrest, detention and deportation based solely on their citizenship status. President Donald Trump has wasted no time in making good on the very same controversial campaign promises around immigration laws enforcement that many would agree put him into office.  

To date Trump has signed orders to start construction of a border wall, expand authority to deport thousands, increase the number of detention cells and punish cities and states that refuse to cooperate -- giving new meaning to the phrase “the ish is about to hit the fan.”  

Most African-Americans abhor Trump and the Republican Party, but privately agree with Trump’s assertion that “illegal immigration” has harmed the Black community economically. The Bureau of Labor Statistics reported that at the end of 2016, 7.8 percent of African-Americans were unemployed compared to 5.9 percent of Hispanics, 4.3 percent of whites and 2.6 percent of Asians. With Blacks making up a disproportionate number of low-skilled workers, they find themselves more likely than any other group to be competing with undocumented workers for work in the construction, service and hospitality industries -- areas where Blacks have traditionally been able to find work. 

I know it’s politically incorrect to point this out but that doesn’t make it any less true. And knowing this, when push came to shove, African-Americans still weren’t willing to let the possible security of their own economic welfare take precedence over everything else that’s wrong with Trump and the Republican Party. In other words, even though Trump told us that we have no jobs, horrible education and no safety or security, we did not buy into his “New Deal for Black America” or the idea that in order for us to succeed others had to leave the country. No, that is what disaffected white voters did last November -- not my people.  

But what have we gotten from the Democratic Party after decades of loyalty besides knowing that ethically we are on the right side of history? What has our silence and “go along to get along” attitude gotten us? The Democratic Party expects (and usually receives) our blind allegiance election after election but what is really our return on investment as African-Americans?    

Too often when it comes to the Democratic Party as a whole, we hand pick our battles based on which way the wind of popularity is blowing on an issue. It’s no secret that African-Americans have been both the conscience and backbone of the Democratic Party seemingly ever since President Lyndon B. Johnson signed into law the Civil Rights Act of 1964 and today we are just taken for granted right along with our issues.  

I’m not sure which is worse: The Democrats continued assumption of the Black vote or how most members of the Republican Party refuse to acknowledge the passage of the 15th Amendment granting Blacks the right to vote. 

When Democrats fight for a higher minimum wage, paid sick leave, childcare, paid family and medical leave it means nothing if you can’t get the job to begin with. Now, is that all the fault of undocumented workers? Absolutely not. But when you factor in a job market that demands more and more bilingual employees, employers who want to hire cheap labor, a workforce with generations of Blacks who are not prepared to meet the demands of 21st century employers, a lack of real educational opportunities as well as the highly exploitable position of the undocumented -- you have a recipe for disaster.    

Instead of ignoring or talking around the issues that plague both Black and Brown people, Democrats need to sit down and talk through them as a Party and figure out how we can all come up -- together.   

Rebuilding the Democratic Party to meet the needs of everyone and not just some means acknowledging and addressing the unequal economic impact that exploiting the undocumented has had on African-Americans in the workforce -- and not just the impact on the undocumented worker. It also means being honest about the situation and not simply labeling those who dare to talk about it as racist. It is not racist to want to figure out how all workers -- both Black, Brown and otherwise -- can work together to further everyone’s cause. On the other hand, acting like what is happening to Blacks is not happening and hushing the voices of those who try to talk about it could be considered as such.  

African-Americans know what it means to fight for human and civil rights probably better than most – hence, the constant replication of our tactics from the 60s Civil Rights Movement by various groups in the fight for theirs. In 2017, the Democratic Party stands at a crossroads. We win elections by bringing people together and working together -- not by taking each other’s support and votes for granted. As a Party we can do better. Our core values demand it and the future success of the Democratic Party requires it.

 

(Jasmyne A. Cannick is nationally known television and radio commentator on political, race, and LGBT issues who works in politics as a communications strategist. Follow her on Twitter @Jasmyne and on Facebook @JasmyneCannick. Her website is www.jasmyneonline.com.)

Photo: CFAAC, California Friends of African American Caucus. Prepped for CityWatch by Linda Abrams.

Make No Mistake: This is a Muslim Ban

GUEST COMMENTARY-I am profoundly saddened and angered by the broad discrimination sanctioned on Friday night by the Trump administration against refugees -- those fleeing violence and terrorism within their country -- and immigrants from Muslim-majority countries. 

There are two elements to this executive order: a ban on all refugees entering the country and a ban on all immigrants from seven, predominantly Muslim countries. Make no mistake — this is a Muslim ban, many of whom are women and children displaced by violence. 

This runs counter to our national security interests and will be used as a recruitment tool for terror groups, endangering the lives of Americans overseas. 

Furthermore, the Trump administration has proposed no practical or effective solution to make Americans safer from terrorism. Remember, between 2001 and 2015, more Americans were killed by homegrown terrorists than by foreign-born extremists. Rather than address that threat, the administration has cruelly closed our doors to immigrants and refugees who are already vetted for more than two years to ensure they pose no threat to our citizens. 

Since the Holocaust, it has been the policy of presidents of both parties to open our doors to those fleeing war and oppression. This moral leadership has enhanced our ability to shape world events while promoting global stability and protecting Americans abroad. 

Refugees don't make us less safe; they enrich our communities. I have seen refugees in California become business owners in Sacramento who grow our economy and students in Los Angeles developing cutting-edge research, all in the pursuit of contributing to a country that proudly opened its doors in their hour of need. 

During the Holocaust, we failed to let refugees like Anne Frank into our country. And today, we are making the same mistake under the illusion of security. 

Turning our backs on millions of refugees is a dark moment in American history; one that we must rise to meet because this is only the beginning of this fight. I fear that it will get worse before it gets better. 

But I believe that our commitment to action and to defending those who have been left out and displaced will be able to overcome the bigoted policies of this administration. 

To our brothers, sisters, and friends in immigrant and refugee communities at home and all across the world -- know that you are not alone. We are fighting for you. We will not give up on you. Don’t give up on us. 

Fight on. 

(Kamala Harris is U.S. Senator for California and former California Attorney General. She can be reached here.)  Prepped for CityWatch by Linda Abrams.

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