Mulvaney closes down consumer bureau office that polices racism in lending

The acting director of the Consumer Financial Protection Bureau (CFPB) has stripped an office devoted to lending discrimination of its enforcement power, according to an email released Thursday.

Acting CFPB chief Mick Mulvaney told bureau staff in a Tuesday email that he would transfer the agency’s Office of Fair Lending and Equal Opportunity to a department under his purview in an effort to streamline the agency.

Mulvaney said the fair lending office will focus on consumer education and advocacy under control of the office of the director. The bureau’s supervision, enforcement and fair lending division, a separate unit outside of the director’s office, will take over policing the lending market for racial discrimination.

“These changes are intended to help make the Bureau more efficient, effective, and accountable, and I plan to seek both internal and external input as I continue to evaluate how we work,” Mulvaney wrote, saying he didn’t expect layoffs from the move but also could not rule them out.

The decision enraged the CFPB’s progressive backers, who supported former Director Richard Cordray and his aggressive actions against lenders suspected of wrongdoing.

Cordray himself panned the “CFPB squatter leadership” for “interfering” with crucial bureau work.

“We took on tough cases about redlining and other violations,” Cordray tweeted. “Some don’t like it but it is the Law of the Land.”

Mulvaney and his staff insisted the restructuring is simply a matter of streamlining the CFPB while still cracking down on racial discrimination.

“It never made sense to have two separate and duplicative supervision and enforcement functions within the same agency — one for all cases except fair lending, and the other only for fair lending cases,” senior Mulvaney adviser John Czwartacki said in a statement. “By announcing our intent to combine these efforts under one roof, we gain efficiency and consistency without sacrificing effectiveness.”

Mulvaney, who as a GOP congressman opposed the CFPB’s existence, has sought to reshape the bureau from within.

The acting director has promised to make the bureau more responsive to the needs of the financial sector, reopened rules on payday loans and prepaid debit accounts, and called for firms subject to CFPB oversight to send complaints about the bureau’s investigative procedures.

Democrats and liberal political groups that fiercely defended the CFPB under Cordray argue that Mulvaney is destroying the agency and leaving vulnerable consumers without a powerful watchdog.

[The Hill]

Trump taunts Jay-Z about black unemployment

President Donald Trump mused about hip-hop icon Shawn “Jay-Z” Carter on Sunday morning, asking whether someone would inform him about the black unemployment rate.

“Somebody please inform Jay-Z that because of my policies, Black Unemployment has just been reported to be at the LOWEST RATE EVER RECORDED!” the president wrote on Twitter.

Jay-Z was interviewed on the debut episode of “The Van Jones Show” on CNN on Saturday night. Jones asked the rapper and business mogul whether Trump’s demeanor and actions, including Trump’s reported use of the word “shithole” in reference to African and other countries, were important given the state of the economy.

It’s “not about money at the end of the day,” Jay-Z told Jones. “Money is not — money doesn’t equate to happiness. It doesn’t. That’s missing the whole point. You treat people like human beings, then — that’s the main point.”

The president is correct in saying that black unemployment is at a record low. However, the decline began under former President Barack Obama, and the rate continues to be higher than overall employment, a disparity that has endured for decades.

When asked about the reported “shithole” comment, which came in the context of a discussion of U.S immigration policy, Jay-Z said it was “really hurtful.”

“Everyone feels anger. After the anger, it’s really hurtful because he’s like looking down on a whole population of people,” Jay-Z said. “You are so misinformed because these places have beautiful people and beautiful everything.”

Comparing Trump’s reported remarks to former Los Angeles Clippers owner Donald Sterling’s private, racist comments in 2013, Jay-Z said, “That’s just how people talk behind close doors.” In a leaked tape published by TMZ.com, Sterling criticized his mistress for being out in public with black people, telling her “not to bring them to my games.”

The NBA stripped Sterling of his ownership and banned him from the league. Despite the harsh penalties, Jay-Z said Sterling’s punishment avoided tough conversations, which in his eyes, can lead to someone like Trump.

“You have sprayed perfume on the trash can. What you do, when you do that is the bugs come and you spray something, and you create a superbug because you don’t take care of the problem,” he said. “You don’t take the trash out, you keep spraying whatever over it to make it acceptable. As those things grow, you create a superbug.”

That superbug, Jay-Z said, now resides in the Oval Office.

“And then now we have Donald Trump, the superbug.”

[Politico]

Reality

Donald Trump and his allies keep bringing up the low black unemployment rate, as a sign that he isn’t racist.

The black unemployment rate has been steadily falling since 2010 when Barack Obama turned the economy around from one of the worst recessions this country has ever seen, caused by Republican policies of tax cuts and deregulation.

Trump referred to Haiti and African countries as ‘shithole’ nations

President Donald Trump on Thursday referred to Haiti and African nations as “shithole countries” during a meeting with a bipartisan group of senators at the White House, a Democratic aide briefed on the meeting told NBC News.

Trump’s comments were first reported by The Washington Post, which said the group of nations referred to also included El Salvador.

The comments came as senators huddled in the Oval Office with the president to discuss a path forward on an immigration deal. Trump questioned why the United States would want people from nations such as Haiti while he was being briefed on changes to the visa lottery system.

According to the aide, when the group came to discussing immigration from Africa, Trump asked why America would want immigrants from “all these shithole countries” and that the U.S. should have more people coming in from places like Norway. Thursday’s meeting came one day after Trump met with Norwegian Prime Minister Erna Solberg at the White House.

A source familiar with Thursday’s meeting told NBC News the president was particularly frustrated during discussions about the visa lottery system — a program Trump has railed against repeatedly in recent months.

The White House issued a statement that did not deny the remarks.

“Certain Washington politicians choose to fight for foreign countries, but President Trump will always fight for the American people,” White House Deputy Press Secretary Raj Shah told NBC Thursday, as part of a lengthy statement that did not directly dispute the language reportedly used in the meeting.

“He will always reject temporary, weak and dangerous stopgap measures that threaten the lives of hardworking Americans, and undercut immigrants who seek a better life in the United States through a legal pathway.”

It’s not the first time reports have surfaced of Trump speaking unfavorably about immigrants, and Haitians in particular. The New York Times reported in December that Trump said Haitian immigrants “all have AIDS,” during a summer 2017 meeting about immigration.

According to the Times, Trump also targeted Nigerian immigrants during that meeting, complaining that once they came the United States they would never “go back to their huts.” The White House vigorously denied the claims in the story at the time.

[NBC News]

Sessions Made What Might be His Most Racially Discriminatory Decision Yet and Barely Anyone Noticed

In an extraordinary move that is not getting nearly enough attention, Attorney General Jeff Sessions rescinded a Justice Department letter that warned state courts about the unlawful practice of forcing low income defendants to pay fines or face jail. Courts across the country were (and many still are) enforcing these type of fees in order to generate revenue. When people fail to pay the fees typically imposed for minor traffic infractions or city code violations, courts will issue arrest warrants, send people to jail or take away their driving licenses.  The problem with all that? In America, we don’t believe in debtor’s prisons. Oh, and the practice is unconstitutional. That means illegal. The U.S. outlawed debtor’s prisons in 1833. In 1983, the U.S. Supreme Court also ruled that jailing indigent debtors was illegal under the 14th Amendment’s Equal Protection Clause

“The idea that the Department of Justice doesn’t care about the United States Constitution in courts is so wrong, and really unfortunate. It is a message that should not be sent, and has practical implications,” the Honorable Lisa Foster, who served as the Director of the Office for Access to Justice at the U.S. Department of Justice said to Law&Crime.  Foster authored the “Dear Colleague” letter that was sent out in March 2016, and was rescinded by Sessions on Thursday.

Maybe the worst part of all about this decision? The fines and fees disproportionately impact minorities who can’t afford to pay fines right away and often find themselves in jail. It’s not just me saying this, there is study after study proving this.

Imagine getting pulled over for failing to stop at a stop sign. You get a $100 ticket. You can’t pay it right away, so your license gets suspended. Then you have to drive to work to support your family but get pulled over and thrown in jail for having a suspended license. Don’t believe me? The Southern Poverty Law Center filed a federal lawsuit in 2015 alleging that the small town of Alexander City, Alabama (population 15,000) was running a “modern-day debtor’s prison” where poor people who couldn’t pay city fines were forced to sit in jail instead. 

The stories go on and on.

Now to be clear, the “Dear Colleague” that was sent last year under the Obama administration was not some kind of earth shattering, super left-wing mandate. The letter was literally just guidance notifying local judges, prosecutors, attorneys and advocates about the law. It was a letter that state municpalities had asked for. Here are some examples of what the letter instructed:

 (1)Courts must not incarcerate a person for nonpayment of fines or fees without first
conducting an indigency determination and establishing that the failure to pay was
willful;
(2) Courts must consider alternatives to incarceration for indigent defendants unable to
pay fines and fees;
(3) Courts must not condition access to a judicial hearing on the prepayment of fines or
fees;
(4) Courts must provide meaningful notice and, in appropriate cases, counsel, when
enforcing fines and fees

The DOJ attorneys go on to cite very well-established Supreme Court opinions like Bearden v. Georgia (1983) to back up their guidelines.  The SCOTUS opinion found that the due process and equal protection principles of the Fourteenth Amendment prohibit “punishing a person for his poverty.”  In fact, the Supreme Court has repeatedly held tha tthe government can’t jail someone for failure to pay a fine.  The strange thing about all of this is that until Attorney General Sessions came along, this was a pretty non-partisan issue. Both Republicans and Democrats agreed there was a problem here.

In fact, the American Legislative Exchange Council (ALEC) which is a well-known conservative non-profit organization for state legislators, was also opposed to these type of excessive fees and fines. In their resolution against the practice they wrote: “excessive criminal justice financial obligations can contribute to unnecessary incarceration as some studies have found 20 percent of those in local jails are incarcerated because of failure to pay a fine or fee, which can make it even harder for the person to obtain employment and add to the burden on taxpayers.”

The initial “Dear Colleague” letter, which has now been rescinded, was in response, in part, to the DOJ’s Ferguson Report which found that police were unfairly targeting minorities, and saddling residents with fines. For example, a Ferguson woman parked her car illegally in 2007, and somehow ended up having to pay $1,000 and serve 6 days in jail. That’s insane.

“It is tragic for the Department of Justice to retreat from concerns about and constitutional commitments to equal and fair treatment,” Judith Resnik, the Arthur Liman Professor of Law at Yale Law School, said in an email to Law&Crime.

“I think it shocking and unfortunate,” Judge Foster said.

[Law and Crime]

Homeland Security Senior Adviser Was Right-Wing Radio Host Who Promoted Birtherism

A Department of Homeland Security senior adviser to the White House was formerly a conservative radio host who “promoted conspiracy theories about former President Barack Obama’s birthplace, lamented the “Zimbabwe-fication of America,” and mocked the LGBT community,” according to a report by CNN’s KFILE.

Frank Wuco joined the White House in January after spending several years as a radio host in Florida, and his hardline views on Islam have been previously reported – as well as a jihadist character named Fuad Wasul he would often dress up as for videos warning of Islamic extremism.

CNN’s KFILE combed through dozens of hours of Wuco’s radio show, and found a trove of controversial comments from the man who now leads a team working to enforce President Donald Trump’s executive orders, including his controversial travel ban:

On the radio, Wuco said Obama knew nothing of the “black American experience,” defended the initial speculation in the media that Muslim extremists were responsible for the mass killing in Norway, and said that gay people had hijacked the word “gay” from happy people.

Wuco, a former naval intelligence officer, also happens to have something in common with Trump: he touted the birther conspiracy theory that Barack Obama was not born in the United States, even referring to the former president’s birth certificate as “a questionable document.”

Acting DHS press secretary Tyler Houlton defended Wuco in a statement to CNN, saying “Mr. Wuco works every day to keep the American people safe by helping to implement the President’s security-focused agenda, including raising the global bar for vetting and screening of potential terrorists.

“Years-old comments cherry picked from thousands of hours on the air have no bearing on his ability to perform his job for the American people,” Houlton said.

[Mediaite]

Trump still privately questions Obama’s birth certificate

President Trump is still privately questioning the authenticity of former President Obama’s birth certificate, The New York Times reported Tuesday.

A senator, who asked not to be named, told The Times that Trump is having difficulty moving on from his past claims that Obama wasn’t born in the United States.

Trump led the “birther” movement against Obama, claiming for years that the former president was born outside of the U.S.

Obama eventually released his birth certificate to counter Trump’s claims.

Trump said that Obama was born in the U.S. during a campaign stop last year.

Trump advisers reportedly told The Times that Trump has continued to talk about conspiracy theories that aren’t based in fact since taking office.

The newspaper first reported last week that Trump has been questioning the authenticity of the “Access Hollywood” tape that features audio of him bragging about groping and kissing women without their consent.

Trump acknowledged that it was him on the tape when it was first released last year and apologized for the comments.

Press secretary Sarah Huckabee Sanders refused to say if Trump thinks the tape is fake at a press briefing Monday.

“The president addressed this, this was litigated and certainly answered during the election by the overwhelming support for the president and the fact he’s sitting here in the Oval Office today,” Huckabee Sanders said Monday.

“He’s made his position on that clear at that time, as have the American people in support of him.”

[The Hill]

Trump slams NFL: Anthem protesting ‘continues without penalty to the players’

President Trump slammed the National Football League on Friday for not implementing penalties for players who protest during the national anthem.

Trump said Friday the “hemorrhaging” NFL has allowed players to become “the boss.” His comments follow Thanksgiving games in which New York Giants defensive end Olivier Vernon knelt during the anthem.

“Can you believe that the disrespect for our Country, our Flag, our Anthem continues without penalty to the players. The Commissioner has lost control of the hemorrhaging league. Players are the boss!” Trump tweeted Friday morning.

A handful of players have continued to kneel during games as the NFL season enters its 12th week.

Trump, who had criticized players who kneel as a form of protest during the campaign, in September suggested NFL owners should fire players who kneel rather than stand during the national anthem. The comments, at a rally, started a feud between Trump and the players who began protesting in unity during the anthem at games.

The NFL said last month it has no plans to implement a ban on kneeling during the anthem. NFL spokesman Joe Lockhart said the commissioner planned to speak to the teams and owners “about how to use our platform to both raise awareness and make progress on issues of social justice and equality in this country.”

[The Hill]

Trump bizarrely responds to article suggesting he criticizes black people for racist reasons

President Donald Trump on Thursday offered a bizarre but familiar response to a tweet with an article from The Washington Post’s liberal-leaning Plum Line blog suggesting that he criticizes prominent black people to play on racist sentiment within his base.

The article’s author, Greg Sargent, tweeted, “Trump regularly attacks high-profile African Americans to feed his supporters’ belief that the system is rigged for minorities,” to which Trump responded, “MAKE AMERICA GREAT AGAIN.”

Earlier this week, Trump went after LaVar Ball — the father of LiAngelo Ball, one of the three UCLA basketball players released from detention in China after Trump’s meeting with Chinese President Xi Jinping earlier this month — on Twitter.

After Ball refused to thank Trump for the president’s role in the release of the three players, who were accused of shoplifting from several stores in China, Trump called Ball an “ungrateful fool” and compared him to a “poor man’s version of Don King.”

Sargent’s article linked this to Trump’s other criticisms of well-known black people in sports and politics, calling it “a gratuitously ugly pattern.” It ended by suggesting that Trump engages in a “pattern of race-baiting” that “might be designed to resonate with” his supporters.

Throughout his career, Trump has gone after dozens of politicians, media personalities, and sports stars of many races, but his response to Sargent’s tweet was bizarre because, minutes later, he tweeted the same thing on its own.

Trump has previously tweeted things erroneously. For example, in late October, he wished a happy birthday to Lee Greenwood, the singer who wrote “God Bless the USA,” but tagged another Lee Greenwood who appeared to have protested Trump’s immigration ban.

[Business Insider]

Reality

Trump could have been unaware of a new UI change to the Twitter app, where if you are viewing a tweet the “new tweet” button won’t create a new tweet but issue a reply. But this tweet hasn’t been deleted.

Trump calls LaVar Ball an ‘ungrateful fool’

President Donald Trump took to Twitter to continue to rail against LaVar Ball, the father of a UCLA basketball player who was detained for shoplifting in China.

At 5:25 am, ET, Trump rehashed his beef with Ball, who has been reluctant to thank the President for his role in his son’s release from China.

“It wasn’t the White House, it wasn’t the State Department, it wasn’t father LaVar’s so-called people on the ground in China that got his son out of a long term prison sentence – IT WAS ME. Too bad! LaVar is just a poor man’s version of Don King, but without the hair,” Trump tweeted in part.

Trump called Ball an “ungrateful fool,” adding that getting his son home is “a really big deal.”

The tweets come after Ball said Monday in an interview with CNN’s Chris Cuomo that he didn’t know what the President had done to get his son and two other UCLA basketball players out of China.

After Ball’s refusal to thank Trump in an interview with ESPN a few days after the players’ release, the President said he should have left the three players in jail.

LaVar Ball’s 39 most amazing lines on Donald Trump in Monday’s CNN interview
“Did he help the boys get out? I don’t know. … If I was going to thank somebody I’d probably thank President Xi (Jinping),” Ball said Monday night when asked about his back-and-forth with the President by CNN’s Chris Cuomo.

“It wasn’t like he was in the US and said, ‘OK, there’s three kids in China. I need to go over and get them.’ That wasn’t the thought process,” he told Cuomo.

Ball suggested Trump, who frequently brought up the conversation he had with Xi about the release during a trip to Asia, should stay quiet.

“If you help, you shouldn’t have to say anything,” he said. “Let him do his political affairs and let me handle my son and let’s just stay in our lane.”

[CNN]

Trump calls on NFL to suspend Raiders’ Marshawn Lynch

President Donald Trump took to Twitter to criticize Oakland Raiders running back Marshawn Lynch early Monday morning.

After photographs surfaced showing Lynch standing during the Mexican national anthem and sitting during the US national anthem at a game against the New England Patriots in Mexico City on Sunday, Trump called for his suspension.

“Marshawn Lynch of the NFL’s Oakland Raiders stands for the Mexican Anthem and sits down to boos for our National Anthem. Great disrespect! Next time NFL should suspend him for remainder of season. Attendance and ratings way down,” he tweeted.

The President and the NFL have butted heads over athletes’ decisions to kneel during the national anthem at games, with Trump calling on the league to fire players who protest during the anthem earlier this year.

This marks the second day Trump has taken to social media to criticize African-American athletes.

Trump helped negotiate the release of three UCLA basketball players, including LiAngelo Ball, accused of shoplifting in China. On Sunday, the President tweeted that he should have left the basketball players in jail, suggesting that Ball’s father was “unaccepting” of Trump’s efforts to negotiate the players out of China.

“Shoplifting is a very big deal in China, as it should be (5-10 years in jail), but not to father LaVar,” Trump said later on Sunday. “Should have gotten his son out during my next trip to China instead. China told them why they were released. Very ungrateful!”

[CNN]

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