Tag Archives: presidential immunity

Harvard, Tell the Clown Prince to F*ck Off

Late yesterday, reports stated that the Department of Homeland Security, headed by dog-killer Kristi Noem, acting on instructions from Donald Trump, purported to revoke Harvard University’s certification of admit foreign students who account for more than one-quarter of the enrolled student body.

The pretext for this latest violation of law, the Constitution, and common sense, and without evidence, was that Harvard was allowing:

anti-American, pro-terrorist” foreigners “to harass and physically assault individuals … and obstruct its once-venerable learning environment.” The secretary also accused the university of working with the Chinese Communist Party by hosting and training members of its paramilitary group.

 As reported by the Washington Post,

The decision means Harvard can no longer enroll foreign students, and existing international students at Harvard must transfer or lose their legal status, Noem said.

Noem gave the school 72 hours to turn over a list of records on international students to regain its certification before the upcoming academic year. DHS is seeking disciplinary records as well as electronic records, video and audio footage of international students who engaged in illegal activity, violence, threats to personnel or students, or protest activity on or off campus over the past five years.

Since neither Trump nor Noem appears to have any awareness of what goes on at our most important institutions of higher learning, we can perhaps see in Noem’s hostility the underlying resentment of what they neither know nor appreciate:

It is a privilege, not a right, for universities to enroll foreign students and benefit from their higher tuition payments to help pad their multibillion-dollar endowments. Harvard had plenty of opportunity to do the right thing. It refused. Let this serve as a warning to all universities and academic institutions across the country.

And there is this:

“Harvard has turned their once-great institution into a hotbed of anti-American, antisemitic, pro-terrorist agitators,” said White House spokesperson Abigail Jackson on Thursday. “They have repeatedly failed to take action to address the widespread problems negatively impacting American students, and now they must face the consequences of their actions.”

Evidence? Compliance with procedures? The Clown Prince cannot be bothered.

There you have it. The federal government now claims the right to decide what the “right thing” is for universities it regards as unaligned with its agenda.

This hubris, based on no evidence and not in compliance with legal procedures for decertification, is likely inspired by the worst-in-legal-history Supreme Court’s presidential immunity decision in which it created the doctrine that the president can commit crimes in office within the scope of his official duties under Article II and that his motives may not be questioned, all without criminal accountability.

It goes without saying, though I’ll say it anyway, that Noem’s message has instilled uncertainty and fear among Harvard’s 6,793 international students. But it’s worse than that.

More than 1 million international students attend colleges in the United States every year, contributing nearly $44 billion to the national economy, according to NAFSA: Association of International Educators.

They play an outsize role in the economics of higher education, in that many international students pay full tuition …. and by creating a critical mass of students to support certain departments, such as computer science and engineering.

It’s time to call the question. Donald Trump and the sycophants that do his bidding believe they are above the law. The Supreme Court indicated as much and, given an inch, Trump always takes the proverbial mile.

So, Harvard, stand your ground. You’ve done it before in the face of gross government overreach, and you have the resources, including one of the world’s great law schools (disclosure: my law school) to mount a compelling defense against this grotesque overreach by the federal government.

It’s interesting that the political party that for decades decried the growing power of the federal government at the expense of the states now applauds anything that Clown Price Trump says he wants. Trump is a fraud, a cheat, a fool, and is intent on destroying not only the greatest American institutions but on removing the authority of the United States from the world arena, leaving it to the likes of Vladimir Putin. One of the many losses resulting from the Trump administration’s embrace of universal ignorance is the loss of opportunity to spread the message of democracy to the world through the voices of international students who learn about and experience it here.

It’s time to call the question and Harvard, your number has been called. Stand up to this petty wanna-be dictator and let’s get down to the core question whether our Constitution will be obeyed or not. If not, then the question will be put squarely before the people as to whether they want a democracy or not.

Finally, in case Trump is considering calling up the military to take control of Harvard and compel its submission, all military personnel should re-familiarize themselves with the principles of Nuremberg. You have no immunity for complying with unlawful orders. Think before you act.

Update: Harvard has sued to stop the administration’s unlawful overreach, citing violations of the First Amendment, the Due Process clause of the Constitution, and the Administration Procedures Act. Good. Meanwhile, Harvard, press your response in the media. Don’t give Trump the advantage of sole occupation of the public space. You have  the horsepower so use it!