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The Lynch Mob and the Rule of Law

Nearly every calamity that has ever occurred in the history of western civilization was foretold in the confirmation hearings for the officials involved, where some prescient interrogator or another almost always futilely exposed the candidate’s utter lack of qualifications. The Senate’s recent confirmation hearings regarding potential Attorney General Loretta Lynch, alas, seem especially foreboding.
Those sharp-eyed fellows over at the Powerline web site noticed one especially revealing exchange between Alabama’s Sen. Jeff Sessions and the nominee regarding immigration law. Sessions is one of our very favorite public figures, and we believe he’d even be a front-runner for the next presidential election if he didn’t sound so much like a Saturday Night Live caricature of a Senator from Alabama, and as always he posed some very pointed questions. He went right to the very important issue of the federal government’s enforcement of its duly passed-and-signed immigration laws, asking if Lynch agreed with Holder’s statement that “creating a pathway to earn citizenship for the 11 million unauthorized immigrants in our country” is “a matter of civil and human rights,” and she stammeringly declined to answer because she was “not familiar with the context of those comments” and had not “studied the issue enough to come to a legal conclusion on that.” Pressing the matter further with admirable fortitude, that Alabama twang adding to the acidity, Sessions asked if a person who has entered the country illegally has a right under the executive order of the president to employment, prompting the memorable reply from Lynch that “So I don’t think — I think that citizenship is a privilege. I think it’s a privilege that has to be earned. And within the panoply of rights that are recognized by our jurisprudence now, I don’t see one that you — as such that you are describing.”
Such un-parsable balderdash is pretty much par for the conformation hearing course, and even Sessions had to agree with the inferred meaning of her ultimate conclusion even as he drawled in that Alabama accent that “I’m a little surprised it took you that long,” but the testimony then took an even more ominous tone. With his usual flair for the obvious Sessions noted the high number of Americans currently out of the labor force and its depressing effect on household wages, and asked Lynch’s views regarding the comparative employment rights of citizens and illegal immigrants. She replied that “I believe the right and obligation to work is one that’s shared by everybody regardless of how they came here. And certainly, if someone here, regardless of status, I would prefer that they be participating in the workforce than not participating in the workforce.” Having established that Lynch believes an illegal immigrant has a legal right to a job despite the fact that federal law prohibits any employer from hiring from him, Sessions asked what sort of legal jeopardy this might cause every employer in the country. Specifically, he asked “Would you take action against any employer who says, ‘No, I prefer to hire someone who came to the country lawfully rather than someone given amnesty by the president?'” Her answer is worth consideration:
“With respect to the — the provision about temporary amnesty deferral, I did not read as providing a legal amnesty, that is, that permanent status there, but a temporary deferral. With respect to whether or not those individuals would be able to seek redress for employment discrimination, if — if that is the purpose of your question, again, I haven’t studied that legal issue. I certainly think you raised an interesting point and would look forward to discussing it with you and using — relying upon your thoughts and experience as we consider that point.”
This is precisely the sort of expertly jargon-laden hemming and hawing and insincere flattery that has won confirmation for countless unqualified candidates for high office over the many years of representative democracy and throughout its many calamities, but this is even more glaringly ominous than usual. A nominee for the office of Attorney General of the United States will not scoff at the notion that the Justice Department wouldn’t sue an employer for discrimination because he declines to violate federal law by not hiring an illegal immigrant, the equivocation raises further questions about the wisdom our immigration policies, as well as the legality of executive orders that not only override by conflict with existing law, and it all seems unlikely to end well. At least you can’t say you weren’t warned, even if it was in an easily mocked Alabama accent.

— Bud Norman

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