Mr. Attorney General Sessions: Why Did You Deport Due Process - The Pillar of Justice?

You, Mr. Sessions, are the premier law enforcer of these United States. You have been vilified by President Trump publicly and repeatedly. Though you are his appointee as Attorney General. You were the first US Senator to endorse that man for the presidency. Though from all indications prior to the elections, Trump was proven unfit for that position.

You, Jeff Sessions, have smilingly worn Trump's prop -a white hat declaring MAGA - "Make American Great Again." That mantra is patently false.

Yet, in Alabama, your home state, Mr. Sessions, you were previously rejected for the position of judge. This was no problem for Donald Trump, the former real estate so-called "mogul" whose bankruptcy filings varied in number from 3 to 4.

The man, Trump, for whom "The Art of the Deal" was written, giving him the false aura of a successful deal-maker, saw in you, Jeff Sessions, a good deal. He needed you as an early supporter, and you needed him for a cabinet job.

So in the position of the head of the Department of Justice (DOJ), what did you do over the past 18 months of the turbulent presidency of Trump, to make "America Great Again?" Why "Again," when the U.S. has been great, including under the Obama presidency, until the Trump's presidency?

If I am, as per the prior paragraph, rather polemical, it is for a reason -to impeach you, Mr. Attorney General, as a credible upholder of the law in America. You probably have read the US Constitution. Its preamble begins by: "We the people of the United States, in order to form a more perfect Union, establish Justice..." But your Department of Justice, Mr. Sessions, has abandoned that constitutional commitment. How?

Through sabotaging the Rule of Law by using the Department of Justice as an instrument to do away with judicial independence, particularly in the area of immigration.

Case in point: The news of August 4, 2018, that: "The Justice Department replaced a Philadelphia immigration judge (Steven Morley) who had asked for more legal information in a deportation case, inserting a new justice who quickly ordered the defendant (a Guatemalan) removed from the United States."

Judge Morley was presiding over the case of Reynaldo Castro-Tum, who came from Guatemala to the US as an unaccompanied minor at the tender age of 17. Morley, in observation of due process, had asked for briefs to be filed on whether the defendant, who failed to appear in court, had been properly notified of the hearing.

That was Judge Morley's downfall. As law students in America, we have learnt in classes after classes in "civil procedure," that "service of process," meaning the proper notification to a party of the legal dispute of the obligation to appear in court at a certain time, as a vital requirement to satisfy "due process." It is even so in Yemen when I was retained by the World Bank in the year 2000 to prepare a study on legal and judicial reform.

In Yemen, I asked about the status of "service of process." I was told that in tribal areas there are no addresses, and there are no easy means of transportation to deliver papers in mountainous regions.

My recommendation to the Yemeni Department of Justice, under former President Ali Abdullah Saleh, was drawn from my childhood experience in rural and desert areas in eastern Egypt in the 1930's and 1940's: Use bicycles or donkeys as means of transport, and rely for address verification, on the village elders.

It worked, in Yemen, and was later reported in my co-edited book entitled "Government Ethics and Law Enforcement (2000)." Conclusion: Judge Morley of Philadelphia, in requesting more information before reaching a fair judgment, was doing his job through satisfying an essential aspect of  "justice for all," which is met through the application of due process.

That, for Sessions and his Department of Justice, was not the way of making America great again. To Sessions and Trump, law is an inconvenience that, like under all authoritarian regimes, should be dispensed with. Because it stands in the way of the emerging dictatorship in the United States of America.

And where is the observance of the preamble of the U.S. Constitution which includes "... in order to ... establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the Blessings of Liberty to ourselves, and our posterity ...?"

And where, Mr. Attorney General Sessions, is the observance of another "inconvenience" -the 14th Amendment of the US Constitution? For, in part, it reads: "... 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." The words "any person" make no distinction between resident and alien.

The contrived order of removal of defendant Reynaldo Castro-Tum, is the crystallization of the deportation by the Sessions Department of Justice, of due process itself. So Judge Morley had to be removed from his cases, and Assistant Chief Immigration Judge Deepali Nadkami was dispatched to the Philadelphia Immigration Court. To do what? To conduct a single hearing, resulting in the defendant's removal from the US "without further inquiry."

So this is the new order of the USA. That new order stands for obstruction of the operation of due process, through judicial independence, via respect for the Rule of Law and the separation of powers.

This is the genesis of Trump's repeated rants about the investigations into his campaign's possible collusion with Russia to promote him to the highest office in America. Trump's preferred attack on those investigations, from which Sessions had no choice but to recuse himself, is represented by Trump depicting them as "witch hunt."

Such non-recognition of a lawful process is in fact a non-recognition of law itself. As a body of enacted or customary rules recognized by a community as binding, law is non-recognizable by the Trump administration in several ways. Among these are:

• The conflation (fusing) of law and religion. The evidence: the Muslim Travel Ban. Unconstitutional under the First Amendment which states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;"
• The recent declaration by Sessions of the New Religious Liberty. An obfuscation of terms as it reflects the evangelical approach to governance. Here the Bible is regarded as a governance road map. Precisely the sordid concepts advocated by ISIS and the Muslim Brotherhood;
• The erosion of the Civil Rights Act of 1965 through gradual restriction of the equality of races in America before the law. This is reflected in the gerrymander whereby the voting blacks are either disenfranchised or burdened by distancing them from voting stations;
• The packing of the Supreme Court by conservative justices. Gorsuch, a Trump nominee, was confirmed as replacement of Scalia through changing of the Senate rules of super-majority needed for such confirmations. Obama's nominee, Judge Mark Garland was denied even the courtesy of a Senate hearing;
• Now another conservative ogre by the name of Brett Kavanaugh is nominated. His written record shows that he advocates that no criminal or civil indictments or charges, nor can there be any investigation instituted against a sitting president of the US. Exactly tailored to delegitimize the Mueller (special counsel) investigation of the possible obstruction of justice by Trump; and
• The attacks by Trump against the media as "enemy of the people." Such attacks have been decried even by the UN in early August. Reason: leading to possible violence due to muzzling (imposition of silence) of free expression.

The blow-back against such rogue siege against law and fairness in Trump's America is happening.

• In the case of replacing the Philadelphia immigration judge, a letter of protest was signed by 15 retired judges. They stated: "As a democracy, we expect our judges to reach results based on what is just, even where such results are not aligned with the desired outcomes of politicians."
• That July 30 letter condemns what it describes as "interference with judicial independence." It added: "Important due process safeguards are required in deportation proceedings." This is because the consequences can be life or death.
• The mid-term elections (November 2018) may result in the Democratic party ending the Republican party's majority in the House of Representatives. It is called the "Blue Wave" (Democratic majority). In essence, the Blue Wave if successful, would almost guarantee the drafting of impeachment articles against a President who is now considered by the liberal media as "unwell."
• A Democratic majority House of Representatives may plunge after this November in espousing a Trump impeachment.

Hope springs eternal. Deportation by the Justice Department of "due process" must have consequences. We could sense the panic of the American Firsters (meaning NYET to the "Browning of America").

Supreme Court Justice Frankfurter addressed the issue of due process in a way that would shame Attorney General Sessions. The Honorable Justice declared that due process "must be respected in periods of calm and in periods of trouble. It protects aliens as well as citizens." America of today is going through a period of trouble, epitomized by publicists like Ann Coulter.

Characters like Trump, Sessions and Coulter try to concoct an affirmative story -national security. They are blind to a simple fact. Credibility depends on proving accuracy. No accuracy, no credibility.

The dictionary defines a "coulter" as an iron blade. But even iron blades could be blunted. But such blunting can be done through upholding the Rule of Law.