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Systemic Racism in the Home Mortgage Context: We Don't Have Time to Notice


In 2020, pivotal events ushered in a season of antiracism rhetoric in the U.S. The brutal deaths of unarmed black Americans at the hands of police officers and white vigilantes, and the disproportionately harsh impact of COVID-19 in the black American community, launched the nation into a discussion about systemic racism. Unfortunately, it seems likely that the 2020 antiracism discourse was merely seasonal rather than enduring, and unlikely to result in meaningful change. 


Black American’s vulnerability in the face of systemic racism is not limited to death, sickness and injury as a result of COVID-19 or antiblack bias in police departments. Our vulnerability is precipitated by things like lack of access to nonpredatory financial services. This is just one of the contexts that compromise black Americans’ economic survival. Unacknowledged systemic racism destroys the wealth and wellbeing of black individuals, families and communities, sometimes causing working and middle-class black Americans to plummet into poverty. As 2020 comes to a close, an election that threatened democracy in the U.S. and the existential threats of an uncontrolled pandemic, eclipse a system of intentional antiblack racism on the part of the financial institutions that engaged in predatory mortgage lending in the years leading up to and beyond the 2008 recession. It is now well documented that lenders, brokers, and mortgage servicers engaged in conduct that was fraudulent and misleading. The mortgage market charged excessively high rates and fees, engaged in high-pressure sales tactics, imposed unnecessarily harsh prepayment penalties, and distorted loan structures to avoid the application of consumer protection statutes.  But, more than a decade later, many black Americans are still fighting to prevent financial institutions from taking away their homes. 


In a book I coauthored with Dr. Janis Sarra, a law professor at the University of British Columbia, Predatory Lending and the Destruction of the African American Dream (Cambridge University Press, 2020), we describe new iterations of predation that continue to target black consumers years after financial institutions settled litigation that alleged pervasive fraud on their part for steering black Americans into predatory subprime loans. But these renovated predatory practices are obscured by the nation’s focus on COVID-19 and a vitriolic election season. Meanwhile, more black Americans will lose their homes even after investing all or most of their wealth in attempts to keep them. This reality requires the calls for moratoriums on mortgage foreclosures to be answered in the affirmative.





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MAGA'S CRAVEN WAR ON DEMOCRACY & VIOLENT EMBRACE OF INSURRECTION

 

Eyewitness accounts regarding the events of January 6, 2021 give us the most reliable version of what happened that dark day. Particularly those eyewitnesses from the Republican Party who do not seek partisan advantage. For example:

"What happened here today was an insurrection incited by the President of the United States."

Republican Senator & former Presidential Nominee Mitt Romney, Jan. 6, 2021. 

"Today’s violent assault on our Capitol, an effort to subjugate American democracy by mob rule, was fomented by Mr. Trump. His use of the presidency to destroy trust in our election and to poison our respect for fellow citizens has been enabled by pseudo political leaders whose names will live in infamy as profiles in cowardice."

Former Trump Defense Secretary and Marine Corps General James Mattis, Jan. 6, 2021.

"The mob was fed lies. They were provoked by the president and other powerful people. And they tried to use fear and violence to stop a specific proceeding of the first branch of the federal government which they did not like."

GOP Senate Majority Leader Mitch McConnell, Jan. 19, 2021

"Today was a dark day in the history of the United States Capitol… We condemn the violence that took place here in the strongest possible terms… To those who wreaked havoc in our Capitol today, you did not win. Violence never wins. Freedom wins."

Trump Vice-President Mike Pence, January 6, 2021.

"These men and women in the uniform, they got overrun. One officer got killed…they got broken arms. You don’t understand what was transpiring at that moment and that time. . . . People brought ropes. . .[T]hey were well planned for it. They scaled walls. . . . They, they overtook the place.”

"Let me be clear: Last week’s violent attack on the Capitol was undemocratic, un-American and criminal…And make no mistake: Those who are responsible for Wednesday’s chaos will be brought to justice…The president bears responsibility for Wednesday’s attack on Congress by mob rioters."

GOP House Speaker Kevin McCarthy, Jan. 13, 2021 

"Today, the people's House was attacked, which is an attack on the Republic itself. There is no excuse for it. A women died. And people need to go to jail. And the President should never have spun up certain Americans to believe something that simply cannot be."

GOP Rep. Chip Roy, Jan. 6, 2021.

WOW!  The US Capitol became a combat zone on January 6.

The legal upshot of the above is Trump and his cultists levied war against the US in violation of 18 USC section 2381! They engaged in an insurrection in violation 18 USC section 2383!

These provisions carry severe criminal sanctions and section 2383 prohibits insurrectionists from ever holding federal office again. Trump also disqualified himself from federal office under the Fourteenth Amendment, section 3. As painful as it may be, the Biden Administration has little choice but to fully investigate these potential violations of law immediately. Donald Trump in particular must face swift justice. .

In his unending fantasy and lies of victory, President Donald Trump unleashed a violent coup on our democracy, our constitutional republic and ultimately our freedom in the lawless pursuit of autocracy, dictatorship, and dimwitted megalomania. 

This directly aided and abetted the ongoing efforts of Vladimir Putin to use Russian New Generation Warfare (RNGW) to weaken, undermine, subvert, and diminish the power of the USA to defend itself and its interests and allies across the world. As Lt. General H.R. McMaster explains RNGW aims to weaken the US and other democratic societies through the sustained use of misinformation. They seek to “disrupt, divide and weaken” American democracy. Yet, again the Trumpists continue to toss the nation and its people into bloody pitched battle with each other while doing the bidding of Putin.



Addendum:

"[T]here can be no soft-pedaling what happened and no absolution for those who planned, encouraged and aided the attempt to overthrow our democracy, Love of country demands nothing less. That’s true patriotism.” 

Karl Rove, writing in the Wall Street Journal, Former Republican Political Operative, January, 6, 2022.

"The importance of January 6th as an historic event cannot be overstated. I was honored and proud to join my daughter on the House floor to recognize this anniversary, to commend the heroic actions of law enforcement that day, and to reaffirm our dedication to the Constitution.  I am deeply disappointed at the failure of many members of my party to recognize the grave nature of the January 6 attacks and the ongoing threat to our nation.”

Former Republican Vice President Dick Cheney, January 6, 2022. 

January 6th, 2021 was a dark day for Congress and our country. The United States Capitol, the seat of the first branch of our federal government, was stormed by criminals who brutalized police officers and used force to try to stop Congress from doing its job. This disgraceful scene was antithetical to the rule of law. One year later, I am as grateful as ever for the brave men and women of the U.S. Capitol Police who served our institution bravely that day and every day since. I continue to support justice for those who broke the law.

GOP Senate Minority Leader Mitch McConnell, January 6, 2022. 

On the first anniversary of January 6, GOP Senator Ted Cruz and Trump-appointed FBI Director Christopher Wray called the violence "a violent terrorist attack on the Capitol" and "domestic terrorism," respectively.





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Governor Gavin Newsom reacts to Trump win by calling special session

By Megan Myscofski

Governor Gavin Newsom called a special legislative session Thursday with the goal of protecting California’s progressive policies on climate change and reproductive rights from President-elect Donald Trump’s incoming administration.  

He’s preemptively asking state lawmakers for funds to support future litigation against President-elect Trump’s next administration. 

The Governor’s Office said in a press release that the new resources will likely go towards defending civil and reproductive rights, climate action and the state’s immigrant population, depending on what actions the administration takes. 

The state sued the first Trump administration over 120 times after it threatened similar policies. The state won many of those lawsuits. 

Democratic Assembly member Jesse Gabriel represents the San Fernando Valley. Before taking office, he was a constitutional attorney and assisted with two of the lawsuits. 

“In these situations, speed matters,” he said. “Being prepared matters.”

He said that justifies lawmakers working on this ahead of January, when the regular legislative session starts. 

“We don't know for sure what's going to happen. I think it's important to recognize that,” Gabriel added . “But reading Project 2025, listening to some of the things that the president-elect has talked about on the campaign trail, understanding his record from his first term, we know that we might be engaged in some very significant and very serious litigation.”

Gabriel said, in particular, he’s concerned about threats from Trump on federal support, including funds for natural disaster relief.  

“To the extent that there's going to be any effort to unlawfully withhold federal funding from California, to walk back agreements that the federal government has with California, this effort will be essential to protecting California taxpayers,” he said. 

He stressed that California is one of a handful of states that pays more in taxes to the federal government than it receives in funds and services. 

Many Republican legislators say the move is a stunt by the Governor – including Senator Brian Dahle, who represents rural communities in far Northern California. 

“He's the happiest guy around that Kamala lost because this gives him an opportunity to run for president in four years,” he said. 

Dahle added that he wants the money Newsom is proposing for litigation to be directed toward other things. 

“We don't have these kinds of resources to be thrown out. We have crime, we have cost of living we need to deal with in California,” he said. 

The special session begins December 2nd. 




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