Photo of Memorial taken yesterday at Manzanar — eerily similar to Wounded Knee

America’s internment of Japanese Americans… It began with an Executive Order, after some groundwork was laid.  Does this sound familiar?

Yesterday, Alan Muller and I visited the Manzanar National Historic Site.  Every American should be required to spend a day there and learn of our treatment of Japanese Americans during WWII.

Manzanar, near Independence, California (really, “Independence”).  It’s the site of one of the ten Japanese internment camps, and yes, it was a prison camp.  Guard towers, armed guards keeping people inside the camp.  People who were rounded up and “evacuated” from their homes, their businesses, their communities, and put behind barbed wire.

How did this happen the United States of America?  Look around, right now, at what is happening and you’ll see that we’re on the path to repeat this ugly history.

On February 19, 1942, President Franklin Roosevelt signed Executive Order 9066, the order directing capture, rounding up, and internment of Japanese Americans during World War II.  It’s fairly short, with a misleading heading, and far-reaching impacts:

Executive Order 9066                  February 19, 1942

Authorizing the Secretary of War to Prescribe Military Areas

Whereas the successful prosecution of the war requires every possible protection against espionage and against sabotage to national-defense material, national-defense premises, and national-defense utilities as defined in Section 4, Act of April 20, 1918, 40 Stat. 533, as amended by the Act of November 30, 1940, 54 Stat. 1220, and the Act of August 21, 1941, 55 Stat. 655 (U.S.C., Title 50, Sec. 104);

Now, therefore, by virtue of the authority vested in me as President of the United States, and Commander in Chief of the Army and Navy, I hereby authorize and direct the Secretary of War, and the Military Commanders whom he may from time to time designate, whenever he or any designated Commander deems such action necessary or desirable, to prescribe military areas in such places and of such extent as he or the appropriate Military Commander may determine, from which any or all persons may be excluded, and with respect to which, the right of any person to enter, remain in, or leave shall be subject to whatever restrictions the Secretary of War or the appropriate Military Commander may impose in his discretion. The Secretary of War is hereby authorized to provide for residents of any such area who are excluded therefrom, such transportation, food, shelter, and other accommodations as may be necessary, in the judgment of the Secretary of War or the said Military Commander, and until other arrangements are made, to accomplish the purpose of this order. The designation of military areas in any region or locality shall supersede designations of prohibited and restricted areas by the Attorney General under the Proclamations of December 7 and 8, 1941, and shall supersede the responsibility and authority of the Attorney General under the said Proclamations in respect of such prohibited and restricted areas.

I hereby further authorize and direct the Secretary of War and the said Military Commanders to take such other steps as he or the appropriate Military Commander may deem advisable to enforce compliance with the restrictions applicable to each Military area hereinabove authorized to be designated, including the use of Federal troops and other Federal Agencies, with authority to accept assistance of state and local agencies.

I hereby further authorize and direct all Executive Departments, independent establishments and other Federal Agencies, to assist the Secretary of War or the said Military Commanders in carrying out this Executive Order, including the furnishing of medical aid, hospitalization, food, clothing, transportation, use of land, shelter, and other supplies, equipment, utilities, facilities, and services.

This order shall not be construed as modifying or limiting in any way the authority heretofore granted under Executive Order No. 8972, dated December 12, 1941, nor shall it be construed as limiting or modifying the duty and responsibility of the Federal Bureau of Investigation, with respect to the investigation of alleged acts of sabotage or the duty and responsibility of the Attorney General and the Department of Justice under the Proclamations of December 7 and 8, 1941, prescribing regulations for the conduct and control of alien enemies, except as such duty and responsibility is superseded by the designation of military areas hereunder.

Franklin D. Roosevelt

The White House,

February 19, 1942.

These are the areas picked for “from which any or all persons may be excluded, and with respect to which, the right of any person to enter, remain in, or leave shall be subject to whatever restrictions the Secretary of War or the appropriate Military Commander may impose in his discretion.”

The striped areas including all of California, and parts of Washington, Oregon and Arizona were deemed Over 100,000 Japanese Americans were torn out of their homes, picked up, and put in “internment” camps, concentration camps by another name.  The states on the west coast were declared “military areas” of exclusion.  Though the word “Japanese” was not stated in the Executive Order, it built on racism and fear racheted up by the government in years prior, pushed by hatred of powerful and wealthy ones who stood to gain from internment, and who stood to gain from the resources Japanese Americans were forced to leave behind.  With little notice, and no due process, Japanese Americans were rounded up, put on trains, trucks, or took their own vehicles to the assembly areas, staging for shipment to the internment camps like so much cattle.  The photos and films of this process are disturbing, much like Holocaust scenes of people shoved into the backs of trucks, peering out through gates; of trains tightly packed with children waving, even holding American flags; of people standing in line with whatever possessions they could carry; of so many with expressions of horror, fear, anguish, and anxiety.

Life in the camps was hard.  Camps were isolated in rugged and unforgiving terrain.  Make no mistake about it, they were prison camps, with guard towers and barbed wire — no one could go out, until later when some were allowed to move east, if they were able to demonstrate that they had a job, a home, and that they would not be a burden on society.  On arrival at the camps, they were assigned barracks, grouped by families or just put into a room with strangers, with nothing other than what little they could carry on their journey, and were given a straw mattress.  Showers and toilets were primtive with no privacy.  There was a network of mess halls for meals and prisoners did the cooking, making do with what resources they had, farming, raising poultry and livestock, with   Over time, people made minimalist furniture, sewed clothes, established a hospital, newspaper, gardens, cemetary, and a camp system of government.  There were jobs for prisoners, from cooking, to sewing camouflage nets, to construction at the camp.  There were schools for children and adults, a choir, sports, but it was not fun and games.  They could not leave, and knew they had lost everything when they were forced to leave.

During internment, prisoners were presented with a loyalty oath, which was problematic, because they were imprisoned, their human and civil rights were disregarded, yet they were asked to declare loyalty to America, the same America that had stolen their lives and possessions and imprisoned them!  At that time they were not allowed to become citizens, and yet if from Japan they were asked to renounce their Japanese citizenship, and would then be without a country.

If you dig into the archives, you’ll also see photos and films of people dressed in finery, as if going on vacation — I’d guess these were the government propaganda photos, or films like this:

From that film, at 24:40:

We’re setting a standard for the rest of the world in the treatment of people who may have loyalty to an enemy nation. We are protecting ourselves without violating the principles of Christian decency.

Oh, right, this is an example of Christian principles?

Dorthea Lange – Inside a Barrack:

Dorthea Lange – Grandfather and Grandson:

Here’s a collection by Ansel Adams from the Library of Congress (Rights Advisory: No known restrictions on publication) showing day to day life in the Manzanar camp:

Ansel Adams’s Photographs of Japanese-American Internment at Manzanar

From that collection, “Sumiko Shigematsu, foreman of power sewing machine girls, Manzanar Relocation Center, California”

Densho: The Japanese American Legacy Project

Remember that this internment of Japanese Americans began with an Executive Order? Well, I’ve been tracking the tRump Executive Orders, and in particular the Muslim Ban of EO 13769 and the many court cases challenging it on behalf of particular plaintiffs, affected by the Executive Order, and most importantly, the Constitutional challenges of the states of Washington and Minnesota.

EO13769 -Protecting the Nation From Foreign Terrorist Entry Into the United States

 This is how it starts, openly blatantly campaigning on a Muslim Ban, and don’t forget his statements at the airport hangar in Minneapolis:

It’s up to us to make sure this does not happen again.

Some previous Legalectric posts:

Yesterday, I picked up a copy of “By Order of the President: FDR and the Internment of Japanese Americans,” written by Greg Robinson.

A review blurb on the back says it well, why we need to pay close attention NOW (more on this after I have some time to ruminate and digest):

Robinson’s book reminds us that panicky acts in a national crisis that sacrifice rights for which we claim to fight emerge not just from immediate insecurity but from deeper prejudices and fears…

Executive Orders… that’s how we got EO13769.  tRump’s EOs have been weird.  After making “Obama’s illegal Executive Orders” a campaign meme, he fires off messy, illogical, and yes, illegal ones of his own, and like Obama, it’s not just Executive Orders, it’s multiple Memoranda.  You can find them on the White House Presidential Actions page and at the Federal Register – Agencies – Executive Office of the President.  It wasn’t easy.  It took days for Executive Orders and Memoranda to show up, and so it was impossible to know exactly what he was doing, but then, it looks like he didn’t know what he was doing either.  For example, I was concerned about  his Dakota Access Pipeline action, Trump_Memorandum Dakota Access (note it is NOT an Executive Order).  In checking that out, I found an error (and fired off a missive to the White House Contact Page)!  You can see both versions here, they’ve filed a corrected one.

More importantly, this also happened with the Muslim Ban, EO13769, which I went over with a fine tooth comb because I don’t know much about immigration law.  The EO in Sec. 8 cites 8 U.S.C. 1222 which is about a physical examination, so I’d also sent a demand for correction to the White House.  It’s still wrong, LOOK AT SEC. 8, it’s not been corrected!!!  The Federal Register publication of EO13769 is correct.

Thankfully I wasn’t the only one looking.  Turns out there was a lot more than that, the versions published on the White House Presidential Actions page were not the same as those signed and sent for publication in the Federal Register.  WHAT?!?!  

WH posts wrong versions of Trump orders

White House posts wrong versions of Trump’s orders on its website

That there’s been insufficient thought and vetting of these Orders and Memoranda is obvious.  You’d think that where an Executive Order such as EO13769 takes such sweeping steps to exclude a classification of people from the US that they’d give best efforts toward accuracy.

Substantively, the Muslim Ban that is EO13769 is not about national security, that much is clear from the government’s arguments, more correctly the government’s lack of any evidence that it was about national security, and Washington’s evidence, as above, from tRump’s campaign website that the purpose was to prevent Muslim immigration.

Japanese internment.  Muslim ban.  Think it can’t happen here, again?  It’s been slowed, but EO13769 has not yet been revoked, and the anti-Muslim sentiments remain displayed on tRump’s campaign site.

NEVER AGAIN!

BE VIGILANT!

SPEAK UP!

TO DO: FIVE ACTIONS A DAY

It doesn’t take much to make a difference — and each of us must do what we can do.  We each have different unique skills and abilities which America needs right now.

That’s the mess that stopped Amtrak’s Coastal Starlight train, and we had to take a bus around it, from Redding down to Sacramento (that leg is up and running again, but now Costal Starlight between San Luis Obispo and LA is down).  Climate change and extreme weather is the theme of the month, particularly during this “vacation” which is turning into a “Climate Change Tour.”

Yesterday’s storm fortunately was focused on southern California, so the Oroville dam area didn’t get hit as hard as was thought earlier:

Deadly storm slams Southern California – CNN.com

But this Oroville dam safety issue is nothing new:

Releasing water at Oroville Dam a lingering problem

How Did the Oroville Dam Crisis Get So Dire? – The Atlantic

Oroville Dam Disaster Is a Wake-Up Call for Infrastructure Investment

Sacramento Bee –Check out this interactive 3D model of Oroville Dam

For years there has been ongoing safety analysis and scrutiny, yet here we are now. ???  In crisis… many people evacuated, over 180,000 in many cities and surrounding areas:

Look up FERC Docket P-2100 for more info, much is about Thermalito, but much is about Oroville.  It’s about 50/50.  The “good stuff” is CEII, which means that regular folks can’t look.

CEII Generally (FERC)

FERC: CEII – Designation of Incoming Dam Safety Documents

I’d heard there was a 2005 safety report in the relicensing docket, but can’t find a public copy.  Here’s an example of what I found most interesting in the Oroville docket… BUT WAIT… it’s CEII, so we have no way of knowing what’s at issue:

Category/
Accession
Doc Date/
Filed Date
Docket
Number
Description Class/
Type
Files Size
Submittal
20141216-5278
Document Components
12/16/2014
12/16/2014
P-2100-000 Department of Water Resources under P-2100 submits Ninth Part 12D Independent Consultant’s Safety Inspection Report and Supporting Technical Information Document for Oroville Dam.
Availability: CEII
Report/Form /
Part 12 Consultant Safety Inspection Reports
 PDF     8758K
 PDF     30388K
 PDF     36417K
 PDF     33640K
 PDF     3773K
 PDF     48602K
 PDF     43905K
 PDF     49545K
 PDF     45365K
 PDF     42240K
 PDF     40681K
More Files – See List.
INFO

FILE

Submittal
20141210-5070
Document Components
12/10/2014
12/10/2014
P-2100-000 Department of Water Resources submits CEII Potential Failure Mode Analysis Report for Oroville Dam under P-2100.
Availability: Public
Report/Form /
Other Dam Safety Report
 PDF     128K
 FERC Generated PDF     128K
INFO

FILE

Submittal
20141210-5071
Document Components
12/10/2014
12/10/2014
P-2100-000 Department of Water Resources submits CEII Potential Failure Mode Analysis Report for Oroville Dam under P-2100.
Availability: CEII
Report/Form /
Other Dam Safety Report
 PDF     153K
 PDF     3056K
 PDF     48629K
 PDF     45437K
 FERC Generated PDF     96911K
INFO

FILE

Submittal
20141205-5099
12/05/2014
12/05/2014
P-2100-000 Update to Service List for Pierce Atwood LLP Under P-2100.
Availability: Public
Pleading/Motion /
Procedural Motion
 PDF     166K
 FERC Generated PDF     166K
INFO

FILE

Trump issued a Memorandum (FR Doc. 2017-02656) to “reconsider” the Obama administration’s “Definition of the Term “Fiduciary”; Conflict of Interest Rule—Retirement Investment Advice, 81 Fed. Reg. 20946 (April 8, 2016),” specifically, “You are directed to examine the Fiduciary Duty Rule to determine whether it may adversely affect the ability of Americans to gain access to retirement information and financial advice.”

Memorandum of February 3, 2017 – Fiduciary Duty Rule

We saw what directives to examine something goes, i.e., DAPL and KXL.  Here, it’s been in the federal courts, where the courts are upholding the Fiduciary Duty Rule.

What’s the Fiduciary Duty Rule?  It means that financial planners have a fiduciary duty to their clients, and must put their interests first, i.e., put them first over the planner’s financial interest in pushing business one way or another considering their remuneration for their services, commissions, etc.

tRump thinks the Fiduciary Duty Rule is a bad thing!  How does he justify this?  He doesn’t have to.  With a stroke of the pen, he knocks it down (probably not understanding this, either!).

But here comes another federal court decision where Obama’s Fiduciary Duty Rule was challenged, and the court upheld the Rule:

US court upholds Obama-era retirement advice rule

Good!  tRump’s position is a loser, again.  tRump, retract this Memorandum!

Send the White House a missive (CONTACT PAGE HERE!) requesting the Fiduciary Rule Memorandum be retracted before he suffers yet another embarrassing court decision!

UPDATE: Corps grants easement to Dakota Access LLC

You may have read tRump’s Memorandum pushing the Army Corps of Engineers to ram through the Dakota Access pipeline:

Trump_Memorandum Dakota Access

From the Stanley Gazette:

Breaking News: U.S. Army Corps of Engineers Ready to Grant Easement for DAPL

And from the DC District Federal Court, here are the filings:

Construction of the Dakota Access Pipeline – Memorandum – Document No. 207-02032

The Army rolled, and here are the documents stating intent to issue the DAPL easement across Lake Oahe, and the Notice of Termination of the Environmental Impact Statement:

ACoE_Notice Regarding Recently Issued Documents

Ex_1_Notice to Congress

Ex_2_Compliance with Presidential Memorandum

Ex_3_To Federal Register_Notice of Termination

How is this anything but “arbitrary and capricious” action on the part of the Army Corps of Engineers?