A Modest Memo

A Modest Memo is a satire in the form of a legal memo written for

President-Elect Donald Trump circa November 2016. It counsels Mr. Trump to obtain Mexican funding for a United States-Mexico “Wall” via United Nations Security Council sanctions. These sanctions would freeze remittances (that is, “hold them hostage”) until Mexican President Enrique Pen˜a Nieto wired the United States sufficient monies for construction. The memo, which is entirely the product of my imagination and legal study, contemplates one of the many possible worst case scenarios threatened by the Trump presidency. Through the arts of law and literature, I aim to show how the rule of law may so easily buckle and splinter beneath the increasing tide of United States, as well as global, nationalism and racism. I take inspiration, of course, from Jonathan Swift’s A Modest Proposal (1729), as well as the legal-literary experiments found in Derrick Bell’s Facesatthe Bottomofthe Well: The Permanenceof Racism (1993) and Richard Delgado’s Storytelling for Oppositionists and Others: A Plea for Narrative, 87 Mich. L. Rev. 2411 (1989).

Breitbart News Network 149 South Barrington Avenue Suite 735 Los Angeles, CA 90049 United States

MEMORANDUM November 23, 2016

Subject: “The Wall” To: President-Elect Donald Trump From: Sean M. Miller

Of Counsel to Breitbart News Network

Dear President-Elect Trump,

This memo responds to our exciting conversation about “The Wall” that took place in the men’s room at the Blue Duck Tavern on October 28, 2016. I was the tall, lanky, twenty-eight-year-old Breitbart lawyer wearing the navy-blue suit and red MAGA visor and using the very last stall in the bathroom, if such details might help your recollection. It was at

187 one of your last D.C. fundraisers before your election? The one where Mr. Baio told all of those brave and hilarious jokes?1Regarding Mr. Baio’s valor, see, e.g., Paul Bond, Scott Baio: Death Threats for Supporting Donald Trump, Cheers for Billy Bush, Hollywood Rep., Sept. 12, 2016. On Baio humor, see, e.g., Scott Baio Tweets Michelle Obama Joke, Gets Death Threats, Huffington Post(May 25, 2011), http://www.huffingtonpost.com/2010/01/21/scott-baio-tweets-michell _n_431214.html (Baio tweeted a close-up photograph of the then-First Lady and added the caption, ‘WOW He wakes up to this every morning.’”). In any event, you may remember that as we committed ourselves to our ablutions, I confessed that I found your campaign promises concerning illegal immigration2 See infra text accompanying notes 10–13 . so inspiring that when not defending Breitbart against multiculturalist conspiracies,3 See, e.g., The Hill: Breitbart News Planning Lawsuit Against ‘Major Media Company’, Breitbart (Nov. 15, 2016), http://www.breitbart.com/big-journalism/2016/11/15/breit bart-news-planning-lawsuit-major-media-company. I enjoy researching the best legal path to the erection of a Mexican-funded barrier on the United States-Mexico border. “The felicities of the rule of law have long been a passion project of mine,” I explained.

You half-turned toward me and proclaimed in enthusiastic terms your intention to see Mexican President Enrique Pen˜a Nieto “fork over” sufficient monies to cover your Wall’s cost. You also explained in vivid language your intention to amend (or, rather, have Congress amend?) the Patriot Act4 See Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub. L. No. 107-56, § 302(b), 115 Stat. 272, 297 (2001) (defining the purposes of the Patriot Act’s Title III). in order to hold hostage billions of dollars of Mexican remittances until President Pen˜a Nieto succumbed and wired us funds sufficient for construction. When I mentioned that I had conceived of a moderate and jurisprudentially sound strategy that involves sanctions levied by the United Nations Security Council (UNSC),5 See discussion infra Part II . you said that I should write to you directly. I do so here with Mr. Bannon’s6Steve would call this memo a salvo in the effort to “turn on the hate”—in the best possible way, of course. See Betsy Woodruff, Donald Trump’s New Chief Steve Bannon Called Republican Leaders ‘C**ts’, Daily Beast(Aug. 19, 2016), http://www.thedailybeast.com/arti cles/2016/08/19/donald-trump-s-new-chief-steve-bannon-called-republican-leaders-c-ts.html. encouragement. I am very grateful for this opportunity, and herein I provide my review of the contemporary history of The Wall, my critiques of the Patriot Act approach, and my UNSC-based policy suggestions for acquiring the Mexican financing of the fortification that you seek.

I. Your Account of Our “Undocumented” Problem.

In your energizing calls-to-action on the hustings, you articulated to the People the crisis presented to the United States by undocumented Mexican immigration. You explained that Mexicans carry over our borders a deluge of virulent maladies,7Olivia Nuzzi, Donald Trump Warns of Diseased Immigrants Coming Across the Border— Adds Insult to Injury, Daily Beast(July 6, 2015), http://www.thedailybeast.com/articles/2015/ 07/06/trump-warns-of-diseased-immigrants-coming-across-the-border-adds-insult-to-injury .html (recounting your observations of crime, disease, and rape); see also Donald Trump: Deport ‘Bad Hombres’ – Video, Guardian(Oct. 20, 2016), https://www.theguardian.com/us-news/ video/2016/oct/20/donald-trump-bad-hombres-us-presidential-debate-las-vegas-video. On the personal and political hazards of the unwashed, see also Geoff Earl, Jeb Says Trump is a Germophobe Who Hates Shaking Hands, New York Post(Sept. 2, 2015), http://nypost.com/2015/09/02/ jed-says-trump-is-a-germophobe-who-hates-shaking-hands (“‘One of the curses of American society is the simple act of shaking hands, and the more successful and famous one becomes the worse this terrible custom seems to get. . . . I feel much better after I thoroughly wash my hands, which I do as much as possible.’”) (quoting you). a predisposition toward committing sexual atrocities on American women,8 Id. These serious problems of sexual violence, of course, can be easily distinguished from the baseless feminist contumely directed your way in recent months. See Max Blau, These Women Have Accused Trump of Sexual Harassment, CNN (Oct. 24, 2016), http://www.cnn.com/ 2016/10/14/politics/trump-women-accusers/ (allegations of you being an “octopus” made by various Clinton lackeys of questionable and thus impeachable pulchritude). and an avid appetite for our jobs.9Your complaints about Latin foreigners taking jobs, actually, do not seem to distinguish between illegal aliens here and foreign nationals legally residing on their own terra firma. These concerns received the most notice when you observed that NAFTA “has destroyed our country.” See Patrick Gillespie, Donald Trump Check: Has NAFTA ‘Destroyed Our Country?’, CNN Money(Sept. 16, 2016), http://money.cnn.com /2016/09/16/news/economy/donaldtrump-nafta-mexico-china-tariff/. I read your fears about illegal outlanders stealing work from U.S. citizens as being embedded in your NAFTA analysis combined with your larger assault on Mexicans as being perfidious generally. See id. Just as an aside, I agree that the prospect of Mexican hombres taking American manufacturing jobs proves far more alarming than the promising specter of attractive Romanian girls serving drinks at Mar-a-Lago. SeeScott Bronstein, Curt Devine, Drew Griffin, & Will Cadigan, Trump’s Decade-Long Record of Hiring Foreign Guest Workers, CNN Money(July 28, 2016), http:/ /money.cnn.com/2016/07/28/news/donald-trump-foreign-workers/ (“Trump seems to like his overseas workers to be young and attractive, and with strong specific accents from Romania and South Africa . . . Donald Trump especially likes the workers when they are women.”). Your policy solution championed the building of an “impenetrable, physical, tall, powerful, beautiful,”10 Donald Trump’s Mexico Wall: Who Is Going to Pay for It, BBC (Feb. 6, 2017), http:// www.bbc.com/news/world-us-canada-37243269 (quoting you). concrete, 55-foot,11 SeePhilip Bump, Donald Trump’s Mexico Border Wall Will Be as High as 55 Feet, According to Donald Trump, Wash. Post (Feb. 26, 2016), https://www.washingtonpost.com/news/thefix/wp/2016/02/26/so-how-high-will-donald-trumps-wall-be-an-investigation. 200- to 2,000-mile long12 SeeLaura Bult, President-elect Trump’s Proposed Wall Along U.S.-Mexico Border Would Be an Additional 200 Miles, Border Patrol Official Says, N.Y. Daily News(Nov. 17, 2017), http:// www.nydailynews.com/news/national/trump-proposed-u-s-mexico-wall-200-miles-long-arti cle-1.2877220. Southern border wall. Better yet, Mexico “would pay” for it.13 Id.

However, you indirectly acknowledged that Pen˜a Nieto would not voluntarily write us a check14Miriam Valverde, How Trump Plans to Build, and Pay for, a Wall Along U.S.-Mexico Border, Politfact(July 26, 2016), http://www.nydailynews.com/news/national/trump-pro posed-u-s-mexico-wall-200-miles-long-article-1.2877220 (“Mexican President Enrique Pen˜a Nieto has explicitly said there’s ’no way’ his country would pay for the wall.”). for the project when you suggested that the United States should freeze the $24 billion a year in remittances15 Id. (“Trump says Mexico receives an estimated $24 billion a year in remittances from people in the United States, and that the majority comes from undocumented immigrants.”). that millions16Regarding the number of Mexican remitters, see Anthony Cave, Donald Trump Claims Most Wire Transfers to Mexico Are from Undocumented Immigrants, Politifact(Apr. 8, 2016), http:/ /www.politifact.com/arizona/statements/2016/apr/08/donald-trump/donald-trump-claims-m ost-wire-transfers-mexico-are (“The Pew Research Center estimates that there are 5.6 million undocumented Mexican immigrants living in the United States as of 2014 . . . [it is] estimate[d] that 48 percent of remittances are sent by undocumented Mexican immigrants.”). of Mexican aliens working in the United States send home.17 See Valverde , supra note 14. This asset seizure would persuade President Pen˜a Nieto to deliver to us the $5-10 billion18 See Geoffrey A. Hoffman, Would Trump’s Border Wall Even Be Legal? *(Hint: No.) And How Would He Make Mexico Pay for It?, Salon(Sept. 25, 2016), http://www.salon.com/2016/ 09/25/would-trumps-border-wall-even-be-legal-hint-no-and-how-would-he-make-mexicopay-for-it (“According to [sections of] the Trump website [that you seem to have taken off of the internet], Mexico ‘could make a one-time payment of $5 [billion to] $10 billion to ensure that the $24 billion continues to flow into their country.’”). You are correct that sanctions can create much motivation. See, e.g., Christophe Joyner, United Nations Sanctions After Iraq: Looking Back to See Ahead, 4 Chi. J. Int’l L.329, 300 (2003) (U.N. Sanctions can prove “economically devastating on their targeted citizenry.”). required for The Wall. In order to capture the remittances, you suggested amending section 326 of the Patriot Act’s “know your customer” provision, which requires banks to extract and surrender customer identifications.19Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub. L. No. 107-56, § 326(a), 115 Stat. 272, 317–18 (2001) (codified as amended in 31 U.S.C. § 5318(l) (2003)); Customer Identification Programs for Banks, Savings Associations, and Credit Unions, 67 Fed. Reg. 48,290-01 (July 23, 2002) (to be codified at 12 C.F.R. pt. 21); Financial Crimes Enforcement Network; Customer Identification Programs for Certain Banks (Credit Unions, Private Banks and Trust Companies) That Do Not Have a Federal Functional Regulator, 67 Fed. Reg. 48,299-01 (July 23, 2002) (to be codified at 31 C.F.R. pt. 103); see also Eric J. Gouvin, Bringing Out the Big Guns: The USA Patriot Act, Money Laundering, and the War on Terrorism, 55 Baylor L. Rev.955, n.72 (2003). Your reform would dragoon companies that issue wire transfers into these disclosure requirements20Valverde, supra note 14. because Mexicans do not use banks. You would then use this information to hold undocumented immigrants’ unlawfully obtained monies until Pen˜a Nieto buckled and paid us our ransom.

Difficulties present themselves with this proposal, however: It would require a reform of the Patriot Act. As I am sure you know, such an amendment would mandate time-wasting Congressional approval.21While the Republicans kept their grip on the majority on November 8, (see Eric Bradner, Republicans Keep Control of Congress, CNN (Nov. 9, 2016), http://www.cnn.com/ 2016/11/08/politics/congress-balance-of-power-2016-election), your No. 1 Steve Bannon (and you) have had occasion to cross swords with Speaker Paul Ryan (R, Wis.), (see Eric Levitz, Why Steve Bannon Hates Paul Ryan, N.Y. Mag.(Nov. 17, 2016), http://nymag.com/daily/intelligencer/2016/11/why-steve-bannon-hates-paul-ryan.html; Philip Rucker, Trump Refuses to Endorse Paul Ryan in GOP Primary: ‘I’m Just Not Quite There Yet’, Wash. Post(Aug. 2, 2016) https://www.washingtonpost.com/politics/trump-refuses-to-endorse-paul-ryan-in-gop-pri mary-im-just-not-quite-there-yet/2016/08/02/1449f028-58e9-11e6-831d0324760ca856_story .html?utm_term=.5ff1f73a07e9). You also do not seem to trust the usual suspects, which would give you greater incentive to work around Congress where possible. Reuters, Donald Trump Taps Little-Known Lawmaker to Be ‘Eyes and Ears’ in Congress, Fortune(Nov. 16, 2016), http://for tune.com/2016/11/16/donald-trump-chris-collins-congress. More importantly, it would aggravate liberals in this country, who excoriate the Act for its severe treatment of terrorists and the individuals who give them aid and comfort.22 See, e.g., Cheryl R. Lee, Constitutional Cash: Are Banks Guilty of Racial Profiling in Implementing the United States Patriot Act?, 11 Mich. J. Race & L.557, 566 (2006) (“[The] Patriot Act . . . promote[s] institutional racism.”). Brandishing the Patriot Act under the Left’s noses would only encourage yet more distracting complaints that your incoming administration resembles that of strongmen such as Augusto Pinochet when he exercised the full flowering of his powers23 See Ben Wofford, Pinochet. Chavez. Trump?, Politico(Mar. 24, 2016), http://www .politico.com/magazine/story/2016/03/bienvenido-el-presidente-trump-213764 (“Scholars, writers and public officials across the continent . . . emphasized that Trump has caudillo qualities the way Pinochet had medals: Cult of personality, rage against the elite, unbridled machismo, an acerbic disregard for the rules—coupled with an apparent willingness to break them at nearly any cost.”). or Adolf Hitler when he enjoyed the enactment of the Erma¨chtigungsgesetz.24 See, e.g., Now This Election, The Trump and Hitler Comparisons Keep Coming, Facebook(Mar. 8, 2016), https://www.facebook.com/NowThisElection/videos/vb.9080096 12563863/1121334927897996/?type=2&theater. Regarding Hitler’s achievement with the Erma¨chtigungsgesetz, see Mark Allinson, Germany and Austria Since1814, at 87 (2014) (“This allowed the government full powers to take whatever measures seemed appropriate for Germany’s recovery, without Reichstag support”).

The contested character of the undocumented Mexican immigrant himself only doubles your dilemma. While those who voted you into office agree with your assessments of these invaders as carriers of deadly viruses and as rapacious miscreants,25 See infra text accompanying notes 59–62. undocumented immigrants enjoy the sympathy of the millions of leftists who imperiled your victory to such a degree that some extremists grumble that Hillary Clinton legitimately won the popular vote.26 See, e.g., Madeline Conway, Clinton’s Lead in the Popular Vote Passes 1 Million, Politi co (Nov. 15, 2016), http://www.politico.com/story/2016/11/clinton-popular-vote-trump- 2016-election-231434. Mexicans,27With respect to this term as it applies to voters, recall your use of it concerning Judge Gonzalo Curiel. See infra note 142. themselves, also enjoy a stunning sum of voting power in this country.28 See Lauren Etter, Hispanic Voting Power Swells to Record for 2016, Pew Study Says, Bloomberg (Jan. 19, 2016), https://www.bloomberg.com/politics/articles/2016-01-19/his panic-voting-power-swells-to-record-for-2016-pew-study-says. An objective study of undocumented29Sir, you will have noticed by now that I am attempting to use the descriptor “undocumented” in this memorandum. I do realize that you might prefer the term “illegal(s),” as do I. In my efforts to design for you a legal and policy initiative that might best pass muster with the majority of American citizens, I am striving to use rhetoric that perhaps overcorrects in its attempt to “give respect” to the Hispanics who might prove the most trouble-making. It appears that many of them regard “illegal” as a form of hate speech. See, e.g., Cindy Chang & Marisa Gerber, ‘Illegal Immigrant’: What Words to Use Becomes a Debate Itself, L.A. Times(Apr. 3, 2013), http://articles.latimes.com/2013/apr/03/local/la-me-ff-ap-illegal-immigrants-20130404. Even our Supreme Court Justice Sonia Sotomayor has taken to using the term “undocumented” in her opinions. See, e.g., Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100, 103–04 (2009). I am experimenting with using the most delicate language that I can. However, I worry that I might “slip up” occasionally in this memo, as Mr. Bannon is screaming at me so loudly to get it to you ASAP that I have not edited it perfectly. Should you care to circulate this proposal to a wider audience, please let me know, and I will be sure to “streamline” it. See infra note 166 (regarding “slips”) . Mexican immigrants shows why they garner such unjustly preferential treatment: These people consistently demonstrate their tenacity and inventiveness by getting here,30Ted Hesson, 4 Challenges Immigrants Face Before the Border Fence, ABC News(May 27, 2013), http://abcnews.go.com/ABC_Univision/Politics/us-mexico-border-challenges-immi grants-face-reaching-border/story?id=18826350. (“[A]ctivists estimate that since 1994, there have been more than 6,000 deaths along the border.”). winning U.S. jobs,31 Illegal Aliens Taking U.S. Jobs, Fed’n for Am. Immigr. Reform, http://www.fairus .org/issue/illegal-aliens-taking-u-s-jobs (updated March 2013) (the loss is about 8.5 million jobs); but see Art Carden, Illegal Immigrants Don’t Lower Our Wages or Take Our Jobs, Forbes(Aug. 28, 2015) (“[I]llegal immigrants actually raise wages for documented/native workers.”); see also infra note 135. convincing U.S. citizens through their accomplishment of their humble trades that said jobs no longer qualify as noble work,32 Cf. Immigrants Do Jobs Natives Won’t Do, Open Borders, https://openborders.info/ immigrants-do-jobs-natives-wont-do (“[I]mmigrants do jobs that wouldn’t exist if the immigrants weren’t there to do them.”). colonizing our cities with their sprawling colorful families and admittedly enchanting cuisine,33 See, e.g., Mely Mart´ınez, Albo´ndigas con Chipotle, Mexico in my Kitchen (Oct. 17, 2014), http://www.mexicoinmykitchen.com/2014/10/chipotle-sauce-meatballs-albondigascon.html. and winning allies with none other than the former President himself34When Obama offered amnesty in 2014, he said: “They work hard, often in tough, low-paying jobs. They support their families.”). The White House, Remarks by the President in Address to the Nation on Immigration, Nov. 20, 2014. The executive orders that issued from this promise were called Deferred Action for Childhood Arrivals (DACA), see Deferred Action for Childhood Arrivals, Dep’t of Homeland Sec.(July 17, 2015), http:// www.dhs.gov/deferred-action-childhood-arrivals , and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), see Memorandum from Jeb Johnson, Sec’y U.S. Dep’t of Homeland Sec., to Leo´n Rodriguez, Dir. U.S. Citizenship and Immigration Services, by virtue of their undeniably astonishing work ethic, etc.

In other words, the droves of undocumented Hispanics currently hurtling into this country prove formidable adversaries both in terms of the seeming economic gifts35Actually, they do add to the economy, but that is not my point here. See infra note 135 (regarding economics). that they bring, as well as for the admirable parts of their character that we must acknowledge, at least privately, in the gentlemanly spirit of good soldiering.36 See Candy Moulton, Chief Joseph: Guardian of the People199 (2013) (General Sherman praised the Nez Perces as “extraordinary” and “courage[ous]” before assigning them “extreme” punishment at Fort Leavenworth and the Indian Territories). These laudatory features will only cause trouble in your efforts to immobilize their money.

Yet if you acted with the support of our allies in the United Nations, then your gambit would enjoy an international moral confirmation, which would help defeat any nasty objections at home.

I thus conclude that seeking a Resolution from the United Nations Security Council will prove the best path toward getting the Wall—or, as you shall see, “the walls”37 See infra text accompanying note 166.—built with the aid of our South-of-the-Border neighbor. The United States has already helped pave this potentially very lucrative route, as I am sure you know. It did so in the form of sanctions sought against (just as an example) Iran for Iran’s failure to comply with UN Resolution 1696, which required Iran to suspend its enrichment of uranium.38S.C. Res. 1696 (July 31, 2006); see also, e.g., supra note 18 (discussing effectiveness of sanctions against Iraq). The United States froze these monies pursuant (in part)39The U.S. has issued unilateral sanctions to penalize Iran for its weapons program. In 1996, for example, Congress reacted to Iran’s efforts to gain a weapon of mass destruction by enacting the Iran and Libya Sanctions Act of 1996, Pub. L. No. 104-172, 110 Stat. 1541 (1996) (codified in part at 50 U.S.C. § 1701). The U.N. issued its first sanctions against Iran for its nuclear program in 2006. See sources cited supra note 38. Congress may be seen as operating pursuant to, or in the spirit of, the U.N. directives by its passing of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, Pub. L. No. 111-195, 124 Stat. 1312 (2010) (codified in part at 22 U.S.C.A. § 8501), which tightened sanctions. Note that, though the Iran sanctions seemingly excluded remittances under certain circumstances involving depository institutions or securities brokers (not wire transfers), see 31 C.F.R. § 560.550(a) (“In cases in which the transfer involves a noncommercial, personal remittance, the transfer of funds to or from Iran or for or on behalf of an individual ordinarily resident in Iran . . . is authorized, provided that the transfer is processed by a United States depository institution or a United States registered broker or dealer in securities and not by any other U.S. person; does not involve debiting or crediting an Iranian account; and is not by, to, or through the Government of Iran, as defined in § 560.304.”), the UNSC and the U.S. have pursued remittances before. See infra note 108. to a raft of resolutions approved by the Security Council under Articles 39-4140 See U.N. Charter, ch. VII, arts. 39–41; see also S.C. Res. 1737 (Dec. 27, 2006) (ordering sanctions while citing Article 41). Predicate Resolution 1696 mentions direct threats to the peace, which seemingly refers to Article 39. See also supra note 38. of Chapter VII of the Charter of the United Nations.41U.N. Charter, ch. VII.

We could follow suit by freezing Mexican remittances pursuant to U.N. sanctions. Since Pen˜a Nieto will be both shamed and face immense political pressure by a U.N. incapacitation of these funds, we can use this newfound leverage to persuade him to pay us the $5–10 billion we need for The Wall.42 See sources cited supra note 18. We may proceed under the articles of the U.N. Charter, which hold so much promise for a leader with your particular appeal.

II. An Overview of Articles 39 and 41 of Chapter VII of the

U.N. Charter and What They Can Do for You.

Articles 39 and 41 of Chapter VII of the United Nations’ Charter address “Actions With Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression.”43 See U.N. Charter, ch. VII, arts. 39–41. They create two steps for the seizing of assets from a threatening state.44 See sources cited infra notes 45–48. The first, codified under Article 39, requires that nine out of the UNSC’s 1545 See U.N. Charter, ch. V, art. 27(3) (“Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members.”); see also Loraine Sievers & Sam Daws, The Procedures of the UN Security Council295 (4th ed. 2014) (setting forth the rule). Regarding the number and status of UNSC members, see U.N. Charter, ch. V, art. 23(1). members issue affirmative votes determining the existence of any “ threat to the peace, breach of the peace, or act of aggression.46U.N. Charter, ch. VII, art. 39. “Without this determination the Security Council cannot impose . . . non-military measures” under Article 41 to react to the breach of peace. Mo´nica Lourdes de la Serna Galva´n, Interpretation of Article 39 of the UN Charter (Threat to the Peace) by the Security Council: Is the Security Council a Legislator for the Entire International Community?, XI Anuario Mexicano de Derecho Internacional147, 151 (2011). Once the Council hands down this decision, it may decide the safeguard measures to take under Article 41.47 See U.N. Charter, ch. VII, arts. 39–41.

Under Article 41, the UNSC decides on which nonmilitary tactics it will use to pressure the aggressor state into more peaceable behaviors, including “the interruption of economic relations,” such as sanctions.48 SeeU.N. Charter, ch. VII, art. 41; see also Felicia Swindells, U.N. Sanctions in Haiti: A Contradiction under Articles 41 and 55 of the U.N. Charter, 20 Fordham Int’l L.J.1878, 1904 (1996) (quibbling with powers to sanction under Article 41).

A) An Article 39 Threat?

The first question would require a UNSC resolution that illegal Mexican immigration to the United States constitutes a “threat to the peace,” a standard that appears less taxing than an actual peace breach or an aggressive act.49See Galva´n, supra note 46 (noting that article 39 acts against threats to the peace, breaches to the peace, and aggressive acts). In the interests of the ease of doing business, we should proceed under this clause.

International apologists for soft rather than hard power have bemoaned the vagueness of “threat,” “breach,” and “aggressive act,”50 See id. worrying that the rule of law does not drive Article 39 determinations.51 Id. at 148 (“[T]here is no express provision in the UN Charter that establishes the limits of this power or suggests the form in which the Security Council has to interpret the term ‘threat to the peace.’”). Cf . N.D. White, Keeping the Peace: The United Nations and the Maintenance of International Peace and Security 44 (2d ed. 1997) (“[A] ‘threat to the peace’ is a very flexible concept.”). A glance at history—UNSC resolutions concerning unmanageable Palestine and raving Yugoslavia— does suggest that armed conflict should exist prior to an Article 39 finding of an interstate threat.52Armed battle in Palestine after the declaration of Israel in 1948 led to UNSC’s Resolution 54. See S.C. Res. 54 (July 15, 1948). Also, the internecine wars of Yugoslavia in the early 1990’s led to UNSC Article 39 determinations that threats to the peace existed. See Faiza Patel King, Sensible Scrutiny: The Yugoslavia Tribunal’s Development of Limits on the Security Council’s Powers Under Chapter VII of the Charter, 10 Emory Int’l L. Rev.509, 518 (1996) (citing S.C. Res. 808 (1993); S.C. Res. 827 (1993)). The United Nations determined that “the large-scale violations of international humanitarian law in the conflict in the former Yugoslavia constituted a threat to international peace and security.” Id. Civil wars in Somalia, Rwanda, and Angola also led to findings of Article 39 breaches to the peace. See S.C. Res. 733 (1993); S.C. Res. 918 (1994); S.C. Res. 929 (1994); S.C. Res. 864 (1993). However, and happily, the liberals are correct: the UNSC does not find itself bound by any definition of “threat to the peace.” That is some of the good news I am here to deliver to you in this brief: In invoking Article 39, we will adhere to “the rule of law,” but there are really very little in the way of legal limitations here.53The only other limitation that exists requires that “Security Council action[s] be consistent with the principles of the United Nation’s Charter.” See Lieutenant Todd A. Wynkoop, The Use of Force Against Third Party Neutrals to Enforce Economic Sanctions Against a Belligerent, 42 Naval L. Rev.91, 94 (1995) (citing U.N. Charter art. 24(2)). With respect to the agreeable frangibility of this restraint, see infra note 115. And for a man like you, President-Elect Trump, the only law with which you need concern yourself is the law of the deal.54Regarding free rein, see Kristen E. Boon, Coining a New Jurisdiction: The Security Coun cil as Economic Peacekeeper, 41 Vand. J. Transnat’l L.991, 1036 (2008) (“there are very limited means of reviewing Security Council resolutions.”). See also Alexander Orakhelashvili, The Power of the UN Security Council to Determine the Existence of a ‘Threat to the Peace,’ 1 Irish Y.B. Int’l L. 61, 63 (2006) (“[T]he general concept of a threat to the peace does not objectively denote a specific factual or legal situation, nor does it have any inherent, or specific, substantive content and scope. . . . [It] is merely the key necessary for unlocking measures under Chapter VII.”).

“Threat to the peace,” in other words, can mean whatever you want!55During the drafting of the U.N. Charter, several signatory States clamored for a clearer definition of Article 39 that would have limited the Security Council’s discretion. This constraint found itself mercifully rejected. SeeKing , supra note 52, at 518–19; see also U.N. Conf. on Int’l Org., Apr. 25 to June 26, 1945, Provisional Text of the Report of M. Paul-Boncour, Rapporteur, on Chapter VIII, Section B, 12 U.N.C.I.O. Docs. 445, 448, U.N. Doc. 788, III/ 3/42, (June 5, 1945) (hereinafter III/3 Report) (“The Committee . . . [left] to the Council the entire decision as to what constitutes a threat to peace, a breach of the peace, or an act of aggression.”); Hans Kelsen, The Law of the United Nations: A Critical Analysis of Its Fundamental Problems729 (1950, reprinted 2000). Insofar as we seek precedent, the UNSC’s 1990’s response to the Lockerbie bombing demonstrates that a nation’s failure to secure its rabble will constitute a threat to international peace.56Following the bombing of Pan Am Flight 103 in 1992, the UNSC issued resolution 748, which found that Libya’s failure to turn over suspected nationals constituted a failure to renounce terrorism. The Security Council found that this failure, itself, constituted a threat to international peace. See S.C. Res. 748 (Mar. 31, 1992). Furthermore, in 1991 the UNSC responded to “massive [refugee over]flow” when it enacted Resolution 688 to restore peace after Saddam Hussein’s savaging of the Kurds.57S.C. Res. 688, ¶ 4 (Apr. 5, 1991). The UNSC noted that “massive flow of refugees towards and across international frontiers and to cross-border incursions” . . . “threaten[ed] international peace and security in the region.” Id. at ¶¶ 4, 10; see also Galvan, supra note 46, at 166–70 (addressing refugee overflow in Somalia, Rwanda, Haiti, and Afghanistan, and its role in resolutions and the UNSC determination of peace threat). Respectfully, please also note that when I mention Kurds here, I mean those in Iraqi Kurdistan, not anywhere else, like Iran, where they might be mistaken for Quds, particularly if interviewers aren’t enunciating properly. See Matt Wilstein, Donald Trump Doesn’t Quite Know the Difference Between the ‘Kurds’ and the ‘Quds’, Mediateite (Sept. 3, 2015, 6:41 PM), http://www.mediaite.com/online/donald-trumpdoesnt-quite-know-the-difference-between-the-kurds-and-the-quds/.

We thus find ourselves at a perfect legal moment for a determination of an Article 39 breach. As you have already carefully explained, the national penetration58 See supra text accompanying note 10. by overflowing Mexican sexual predators and murderers and carriers of lethal contagions59 See, e.g., supra note 7. threatens international peace just as did explosive Libyans and rampant Iraqis.60 See supra notes 56–57 . See also Wilstein, note 57, supra. “When Mexico sends its people, they’re not sending their best,” you clarified during your June 2016 announcement of your Presidential bid.61 Full Text: Donald Trump Announces a Presidential Bid, Wash. Post(June 16, 2015), https://www.washingtonpost.com/news/post-politics/wp/2015/06/16/full-text-donaldtrump-announces-a-presidential-bid/?utm_term=.aaa907e1b4c3. “They’re bringing drugs. They’re bringing crime. They’re rapists.”62 Id. A month later, you alerted us to additional, possibly even worse, hazards created by undocumented immigrants. In a three-page memo that you circulated to the international press, you warned that “tremendous infectious disease is pouring across the border. The United States has become a dumping ground for Mexico.”63Hunter Walker , Donald Trump Just Released an Epic Statement Raging Against Mexican Immigrants and ‘Disease’, Bus. Insider(July 6, 2015. 4:47 PM), http://www.businessinsider .com/donald-trumps-epic-statement-on-mexico-2015-7; Rupert Neate & Jo Tuckman, Donald Trump: Mexican Migrants Bring ‘Tremendous Infectious Disease’ to US, Guardian(July 6, 2015, 6:29 PM), https://www.theguardian.com/us-news/2015/jul/06/donald-trump-mexican-immi grants-tremendous-infectious-disease.

That an Article 39 threat exists is to us perfectly obvious, of course. However, as noted above,64 See supra text accompanying notes 45–47 . such a threat must receive affirmation in the form of 9 votes from the UNSC before it issues a sanctions resolution.65 Id.

B) Can We Get the 9 Votes?

The legal niceties of the UN Charter will require that you66Though our beguiling and newly floated UN Ambassadress Nikki Haley could bring this calamity to the Security Council, see Nahal Toosi & Alex Isenstadt, Trump Taps Nikki Haley to Be UN Ambassador, Politico(Nov. 23, 2016, 8:00 AM), http://www.politico.com/story/ 2016/11/trump-to-announce-south-carolina-gov-nikki-haley-to-be-un-ambassador-231788, I maintain that you should personally argue for UNSC action. Some on the Council will wonder if Mexican immigration really does present a catastrophe on the order of the existential threat shaking the Middle East, or the evil of Milosevic, or the wanton ways of the Lockerbie mass murderers. While the gracious Ms. Haley surely will be effective in finessing a multitude of international glitches as our U.N. representative, only a figure as charismatic as yourself can “push hard” enough to crush your domestic and global opposition. See Donald Trump& Tom Schwartz, The Art of the Deal42 (1987) (discussing “push[ing] hard”); see also infra text accompanying note 99. obtain 9 votes on the UNSC regarding a threat to the peace. Specifically, you must persuade 4 permanent members67 See supra note 45. and 4 temporary representatives68 Id. of the UNSC that Mexicans’ illegal immigration into our union qualifies as such a peril. Who, you might ask, are these UNSC members?

Sitting permanently on the UNSC we find, beside ourselves, Russia, the People’s Republic of China, France, and the United Kingdom.69 Current Members: Permanent and Non-Permanent Members,U.N. Security Council, http://www.un.org/en/sc/members. Each of these member states must determine that an Article 39 threat exists in the form of an illegal Mexican invasion:70 Voting System and Records, U.N. Security Council, http://www.un.org/ en/sc/meetings/voting.shtml. A quirk of the Security Council requires that every signatory sitting permanently possess a veto power.71 Id.

Yet your timing could not be more perfect! The UNSC’s permanent members also hate and fear their immigrants, or wish ill luck on Mexico, or love you. When British PM and super-Brexiter Theresa May gave her keynote speech at the Tory conference in October 2016, she literally embraced “parochial” anti-immigration politics, warning that illegals would be “controll[ed].”72 Theresa May’s Keynote Speech at Tory Conference in Full, Independent(Oct. 5, 2016, 10:47 AM), http://www.independent.co.uk/news/uk/politics/115heresa-may-speech-toryconference-2016-in-full-transcript-a7346171.html; see also Alan Travis, Driving Licences Wrongly Revoked Under May’s Immigration Measures, Guardian(Oct. 13, 2016, 12:27 PM), https://www .theguardian.com/uk-news/2016/oct/13/driving-licences-wrongly-revoked-theresa-may-immi gration-measures (“Hundreds of people have been wrongly refused bank accounts or had their driving licences revoked under the former home secretary Theresa May’s measures to ‘create a hostile environment for illegal immigrants,’ the immigration watchdog has revealed.”). And in the wake of the Charlie Hebdo and the Bataclan attacks, even that milquetoast (and probably politically doomed) Franc¸ois Hollande takes his page from Marine Le Pen and declares war on France’s own dangerous aliens.73Henry Samuel, France Has ‘Problem with Islam’ and There Is ‘Too Much Unwanted Immigration’, Says Hollande in Explosive Book, Telegraph(Oct. 12, 2016, 4:16 PM), http://www .telegraph.co.uk/news/2016/10/12/france-has-problem-with-islam-and-there-is-too-muchunwanted-imm (“I there [sic] think there are too many arrivals, of immigration that shouldn’t be there.”) (quoting Franc¸ois Hollande).At Breitbart, we’ve been privy to manifold rumors that poor old Hollande is a dead man walking and that he will likely be replaced by the Sovietadmiring, Thatcherite Franc¸ois Fillon, which would be fantastic for us. See Angelique Chrisafis, Anglophile Fillon Is New French PM, Guardian(May 17, 2007, 7:09 PM), https://www.the guardian.com/world/2007/may/18/france.angeliquechrisafis. Both of these countries’ leaders take strength from the ascendant powers of their more “glorious” constituents, which has motivated them to seek international support when embarking upon their hasty expulsions of wretched Eritreans and Syrians.74On the accelerating triumph of values in Britain and France, see Fintan O’Toole , Brexit is Being Driven by English Nationalism. And It Will End in Self-Rule, The Guardian(June 18, 2016), https://www.theguardian.com/commentisfree/2016/jun/18/england-eu-referen dum-brexit; Harrison Stetler, How Marine Le Pen Has Upended French Politics, New Republic (Oct. 13, 2016), https://newrepublic.com/article/137756/marine-le-pen-upended-french-poli tics. In response, France recently cleansed its Calais “jungle” of migrants, and Britain will only take children under 12 who are at risk of serious sexual exploitation or are 15 or under and of Sudanese or Syrian ancestry. Ashley Cowburn, Government Efforts to Resettle Unaccompanied Child Migrants from Calais Branded a ‘Disgrace’, Independent(Nov. 16, 2017, 2:45 PM), http://www .independent.co.uk/news/uk/politics/government-efforts-to-resettle-unaccompanied-child-mi grants-from-calais-branded-a-disgrace-a7421081.html. On “gloriousness,” see c.f. Gerald Warner, Hoist it High and Proud: The Confederate Flag Proclaims a Glorious Heritage, Breitbart(July 1, 2015), http://www.breitbart.com/big-govern In you, they will know that they will obtain the most consoling reciprocity.

Beijing also looks plausible for a “yes” vote, since it competes with Mexico’s NAFTA advantage.75Kevin Gallagher & Enrique Dussel Peters, How China Crashed the Nafta Party, Guardian(Jan. 2, 2014, 11:01 AM), https://www.theguardian.com/global-development/pov erty-matters/2014/jan/02/china-crashed-nafta-party-free-trade. While it fears your threat to increase tariffs to 45 percent,76Huilleng Tan, A 45% Tariff on China Will Hurt US Consumers, Capital Economics Say, CNBC (Sept. 29, 2016, 11:41 PM), http://www.cnbc.com/2016/09/29/us-presidential-elec tion-news-trumps-tariff-plan-for-chinese-goods-will-hurt-us-consumers.html. your corporate interest in Taiwan,77 Trump Wants to Expand Business Empire to Taiwan, Creating Another Potential Conflict of Interest, Shanghaiist(Nov. 18, 2016), http://shanghaiist.com/2016/11/18/trump_taiwan_ex pand.php. and your trial balloon about Japan going nuclear,78Gene Gerzhoy & Nick Miller, Donald Trump Thinks More Countries Should Have Nuclear Weapons. Here’s What the Research Says, Wash. Post(Apr. 6, 2015), https://www.washing tonpost.com/news/monkey-cage/wp/2016/04/06/should-more-countries-have-nuclear-weap ons-donald-trump-thinks-so/?utm_term=.c27f7555274b (“Trump declared that proliferation is ‘going to happen anyway.’ And just a week earlier, Trump told the New York Times, ’If Japan had that nuclear threat, I’m not sure that would be a bad thing for us.’ Nor would it be so bad, he’s said, if South Korea and Saudi Arabia had nuclear weapons, too.”). Xi remains a businessman—and you know he wants that Big Mac!79Javier C. Hernandez, Trump and Xi Jinping, China’s Leader, Hold Cordial First Phone Call, N.Y. Times(Nov. 14, 2016), https://www.nytimes.com/2016/ 11/15/world/asia/trumpchina-xi-jinping.html?r=0 (“Mr. Xi . . . told Mr. Trump that ‘facts have shown that cooperation is the only correct choice’ for the United States and China.”). See Ian Hantchett, Trump: China’s Pres Should Get McDonald’s On Visit, US Should Have Put Tariff on Chinese Goods, Breitbart (Aug. 24, 2015), http://www.breitbart.com/video/2015/08/24/trump-chinas-pres-should-getmcdonalds-on-visit-us-should-have-put-tariff-on-chinese-goods (“Republican presidential candidate Donald Trump said he would give China’s president a McDonald’s burger when he comes to visit.”). You could barter concessions—perhaps on aluminum or steel80Keith Bradsher, In China-U.S. Trade War, Trump Would Have Weapons, N.Y. Times (Nov. 10, 2016), https://www.nytimes.com/2016/11/11/business/international/trump-chinaus-trade-war.html (“Should Mr. Trump want to signal an aggressive stance quickly, he could move against imports of steel and aluminum from China.”).—and also wave the Russian trikolor at him.81Andrew Higgins, An Unfinished Bridge, and Partnership, Between Russia and China, N.Y. Times(July 16, 2016), https://www.nytimes.com/2016/07/17/world/asia/unfinishedbridge-russia-china-amur-river.html (announcing “an ever closer Russian-Chinese partnership”). It also remains possible that China could abstain and the vote would still go through . The Charter of the United Nations: A Commentary Vol. 1 (Bruno Simma et al. eds., 2d ed., 2002) (“In legal doctrine, the view has been advanced that in the framework of Chapter VII, [Security Council] decisions on which a permanent member abstains are ‘valid’, but not ‘legally binding’. . . . Legally, however, there is no justification in the UN Charter for a distinction between validity and legally binding effects based on . . . abstention.”). As for Russia, as you well know, Vladimir Putin regards you as a true friend as long as you keep faith on Syria.82Neil MacFarquhar, Putin and Trump Talk on Phone and Agree to Improve Ties, Kremlin Says, N.Y. Times(Nov. 15, 2016), https://www.nytimes.com/2016/11/15/world/europe/pu tin-calls-trump.html (“The Russian government was one of the few around the world that was openly gleeful about the American election result.”); see also Jay Solomon, Donald Trump Jr. Held Talks on Syria with Russia Supporters, Wall St. J.(Nov. 23, 2016), https://www.wsj.com/arti cles/donald-trump-jr-held-talks-on-syria-with-russia-supporters-1479920753 (“The presidentelect has argued . . . [for] allying with Russia, which has deployed its air force to bolster Mr. Assad.”). Incidentally, I’ve heard rumors of bonhomie in Moscow; I trust that any meetings are going well. See How Vladimir Putin is Using Donald Trump to Advance Russia’s Goals, Yerepouni Daily News, Aug. 29, 2016 (“last year Michael Flynn flew to Moscow to attend [a Russian TV] . . . station’s 10th anniversary gala, where he sat two chairs away from Putin.”).

Then you would take four votes from the list of temporary seats: These are Egypt, Japan, Senegal, Ukraine, Uruguay, Bolivia, Ethiopia, Kazakhstan, Sweden, and Italy/the Netherlands (who are splitting 2017 and 2018).83 Security Council Elections: Italy and the Netherlands Agree to a Split Term, What’s In Blue(June 29, 2016), http://www.whatsinblue.org/2016/06/security-council-elections-italy- and-the-netherlands-agree-to-a-split-term.php; Current Members: Permanent & NonPermanent Members, U.N. Security Council, http://www.un.org/en/sc/members/. Egypt is a lock,84Katie Reilly, Egypt’s Sisi Says ‘No Doubt’ Donald Trump Would Make Strong Leader, Time(Sept. 21, 2016), http://time.com/4502537/egypt-sisi-trump-strong-leader. particularly since they’ve been looking for love since the Rabaa massacre.85Amy Austin Holmes, Why Egypt’s Military Orchestrated a Massacre, Wash. Post(Aug. 2, 2014), https://www.washingtonpost.com/news/monkey-cage/wp/2014/08/22/why-egyptsmilitary-orchestrated-a-massacre/?utm_term=.b59953157bfb (“Egyptian security forces killed at least 817 people on a single day at Rabaa al-Adawiya Square alone, and more than 1,000 when including the number of casualties across Egypt. It was the biggest mass killing of civilians in modern Egyptian history.”). Japan sees you as the only cure for China,86Koyishi Takenaka, Abe Aims to Underscore Importance of Japan-U.S. Alliance with Trump, Reuters(Nov. 12, 2016, 9:13 PM), http://www.reuters.com/article/us-usa-election-abeidUSKBN13800D (“[After] Trump[,] . . . Tokyo [worries] about a possible rift in a security alliance with Washington that has been the bedrock of its defense since World War Two.”). and will keep dancing in the hopes of a free South China Sea87Emiko Jozuka, Japan to Join US in South China Sea Patrols, CNN (Sept. 16, 2016, 4:48 PM), http://www.cnn.com/2016/09/15/asia/japan-south-china-sea-patrols. and any post-TPP trade joy.88Anna Vidor, TPP: Trade Pact Dead, Buried, Cremated Amid Donald Trump Presidency, ABC Australia(Nov. 9, 2016), http://www.abc.net.au/news/2016-11-09/tpp:-trade-pactdead,-buried,-cremated-amid-trump-presidency/8010736 (“But Donald Trump’s victory in the United States’ presidential election has likely killed off the Trans-Pacific Partnership (TPP).”); Isabel Reynolds & Takashi Hirokawa, Japan’s Abe to Make Trade Case to Trump in New York Meeting, Bloomberg(Nov. 14, 2016), https://www.bloomberg.com/news/articles/2016-11- 14/japan-s-abe-to-make-free-trade-case-to-trump-in-new-york-meeting. Former Russian protectorate Kazakhstan’s Nursultan Nazarbayev also seeks mutual goodwill on curbing unstable elements (the press, protesters).89Casey Michel, What to Expect From US Central Asia Policy Under President Trump, Diplomat(Nov. 14, 2016), http://thediplomat.com/2016/11/what-to-expect-from-us-centralasia-policy-under-president-trump/ (“As to presidential-level relations, regional leaders—Kazakhstan’s Nursultan Nazarbayev and Uzbekistan’s Shavkat Mirziyoyev, most especially—will espy a kindred spirit in Trump, who has shown a distinctly anti-democratic streak regarding public protests and media coverage.”).

That leaves only one more country, though the path here proves less steady. Bolivia looks like a solid negative90 Bolivian President Morales Casts Doubts on Donald Trump’s Mental Health, Sputnik Int’l (Mar. 5, 2016), https://sputniknews.com/us/201606031040730912-us-trump-mental-healthmorales (“ ’I think, pardon me, but he [Donald Trump] needs psychiatrist . . . .’ Morales said.”).—except that it is also in bed with Russia, and hopes for Putin’s money to build a “nuclear research center.”91 Morales Wants Bolivia Nuclear Center to Be South America’s Largest, San Diego-Union Trib.(Nov. 19, 2015), http://www.sandiegouniontribune.com/hoy-san-diego/sdhoy-moraleswants-bolivia-nuclear-center-to-be-south-2015nov19-story.html (“Bolivian President Evo Morales said Thursday he wanted the nuclear research center planned for the city of El Alto, near La Paz . . . . [It will] use Russian technology.”). So some negotiating room exists with the Bolivian presidency, though our triangulating with Russia and Bolivia does increase the odds of Evo Morales getting a weapon.92Actually, the bigger problem is probably Iran. See Avi Jorisch, Why Iran and Bolivia Are in Business, UPI (May 10, 2011), http://www.upi.com/Outside-View-Why-Iran-and-Boliviaare-in-business/29341305022140/ (indicating Bolivian lithium could be a building block for the bomb). That is not a problem, however, since you think that Bolivian-level armament is inevitable anyway and that we should extract goods from proliferation while we have the chance.93Gene Gerzhoy & Nick Miller, supra note 78.

As to the rest of the temporaries—all, except perhaps for Ethiopia and the Netherlands, appear to constitute a clear Negative.94Ethiopia would have given us full support even four years ago, as former PM Meles Zenawi knew how to “put the stick about.” (These are my scare quotes). Under his leadership, the country put down its dissidents, and would have voted for The Wall in return for continued monies and quid pro quo re: toleration of purges. See Jeffrey Gettleman, Ethiopian Leader’s Death Highlights Gap Between U.S. Interests and Ideals, N.Y. Times(Aug. 22, 2012) (“Despite being one of the United States’ closest allies on the continent, Mr. Meles repeatedly jailed dissidents and journalists, intimidated opponents and their supporters to win mind-bogglingly one-sided elections, and oversaw brutal campaigns in restive areas of the country.”). But with the rise of PM Hailemariam Desalegn, protesters have gained the upper hand. SeeJeffrey Gettleman, ‘A Generation Is Protesting’ in Ethiopia, Long a U.S. Ally, N.Y. Times(Aug. 12, 2016), https://www.ny times.com/2016/08/13/world/africa/ethiopia-protests.html?_r=0. Protests and some government capitulation convulse Ethiopia as I write this. Id. The chaos could, however, spell an opportunity for us: We could buy Desalegn with the promise of continued aid,and to help him control the troublemakers in a more Meles-like manner. See Ben Quinn, Will Trump Honour Pledge to ‘Stop Sending Aid to Countries That Hate Us’?, Guardian (Nov. 13, 2016), https://www.theguardian.com/global-development/2016/nov/13/willtrump-presidency-honour-pledge-stop-sending-foreign-aid-to-countries-that-hate-us-usaid (“Some observers detect signs of policy continuity however, in particular in Africa. [One expert] . . . said he expected cuts but suggested that the role of Ethiopia, Kenya, Tanzania as

No matter. You see in the preceding analysis that you remain the holder of an excellent-to-solid batch of yes votes.95 See supra text accompanying notes 72–93. And even if you do find this a hard bargain, you have waded into far choppier waters before, Mr. President-Elect. After all, you are the man who played Khrushchev to Walter Hoving’s JFK in 1979 (gaining you Tiffany & Co.’s air rights for Trump Tower),96 See G. Richard Shell, Bargaining for Advantage: Negotiation Strategies for Reasonable People103 (2006) (describing how you threatened Tiffany CEO Walter by promising to build a Tiffany-destroying eyesore if you did not obtain the rights). who practically strangled Ed Koch and sued the Chinese for a cool $1 billion during the 1980’s Manhattan West Side Yards war,97Phillip Lentz, NBC Brings Koch-Trump Feud to New Lows, Chic. Trib.(June 28, 1987), http://archives.chicagotribune.com/1987/06/28/page/8/article/nbc-brings-koch- and who pioneered too-big-to-fail by terrifying your creditors to forgive $960M worth of debt in the 1990’s.98Shawn Tully, Donald Trump: An Ex-Loser Is Back in the Money, Fortune(July 22, 1996), http://archive.fortune.com/magazines/fortune/fortune_archive/1996/07/22/214724/in dex.htm (“Trump successfully exploited their fears.”).

“My style of deal-making is quite simple and straightforward,” as you wrote in The Art of the Deal.“I aim very high, and then I just keep pushing and pushing and pushing to get what I’m after.”99 Donald Trump & Tony Schwartz, Trump: The Art of the Deal45 (1987). Your defenestration approach ensures that any signatory would do far better as your friend than your foe, as you taught us in Think Big: Make it Happen in Business and Life: “When someone crosses you, my advice is ‘Get even’ . . . . If you do not get even, you are just a schmuck! When people wrong you, go after those people, because it is a good feeling. . . . I love getting even.”100 Donald Trump & Bill Zanker, Think Big: Make It Happen in Business and Life15 (2008).

I possess the utmost confidence that you will experience the tingle of that “good feeling” during these negotiations, Mr. President-Elect.

C) Determinations of Sanctions Under Article 41

Once the UNSC offers up 9 votes agreeing that illegal Mexican immigration poses a threat to the United States’, and thus, international, peace,101 See supra text accompanying notes 72–93. it may then issue sanctions under Article 41 in the form of freezing remittances. The protocol for imposing sanctions under the UNSC often involves the development of a Sanctions Committee, which a temporary member of the UNSC chairs.102 United Nations Security Council Subsidiary Bodies: An Overview, United Nations, https://www.un.org/sc/suborg/en/scsb.

As in the Iran example, sanctions may include freezing the assets of entities or individuals.103S. C. Res. 1737, ¶ 12, U.N. Doc. S/RES/1737 (Dec. 17, 2006), (“[A]ll States shall freeze the funds” of Iran proliferators.); see also, e.g., Kelsey Davenport, UN Security Council Resolutions on Iran, Arms Control Ass’n(2017), https://www.armscontrol.org/factsheets/ Security-Council-Resolutions-on-Iran (“[Under Resolution 1737] states must freeze the funds, financial assets, and economic resources of designated individuals who are involved with Iran’s nuclear programs.”). Note here that there exists no law nor limitation on whom may suffer these UNSC prerogatives.104As the eminent jurist Hans Kelsen observed in 1950 (possibly with some ambivalence): “The Charter . . . [does not] bind[] the Council with respect to the persons against whom these measures shall be directed.” Hans Kelsen, The Law of the United Nations: A Critical Analysis of Its Fundamental Problems729 (Lawbook Exchange 2000) (1950). The UNSC’s latitude to act against private people (like your Mexican remitters) found itself reaffirmed with the levying of sanctions against Libya and its fanatics post- Lockerbie.105In the mid-1990s, the UNSC issued Resolutions 731 (non-bindingly issued under Chapter VI) and 748 (binding under Chapter VII), requiring the Libyan Government to surrender the individual Libyan nationals who committed the Lockerbie bombing, and sanctioning it for failure to do so. See Scott S. Evans, The Lockerbie Incident Cases: Libyan-Sponsored Terrorism, Judicial Review and the Political Question Doctrine, 18 Md. J. Int’l L. & Trade21, 38–43 (1994). Similarly, in 2013, the UNSC stranded and beggared peaceless North Korean nuclear-testers,106 SeeS.C. Res. 2094 Annex I, at 7 (Mar. 7, 2013) (identifying individuals for travel bans and asset freezes). and in 2015, targeted Al-Qaeda and ISIL madmen for “undermining [state] stability.”107 See S.C. Res. 2253 at 1 (Dec. 17 2015) (instigating asset freeze against Al-Qaeda, ISIL, and associated individuals). Also, take special note that in the circa 2015 case of ISIL, the UNSC’s sanctions measures moved specifically against remittances!108 See S.C. Res. 2253, ¶ 21 (Dec. 17, 2015) (admonishing member states to “ tak[e] into account relevant [Financial Action Task Force] Recommendations and international standards designed to prevent the abuse of non-profit organizations, formal as well as informal/alternative remittance systems and the physical trans-border movement of currency, while working to mitigate the impact on legitimate activities through these mediums.”) (second emphasis added); see also U.N. S.C. ISIL (Da’esh) & Al-Qaida Sanctions Committee, Fact Sheet on Updating the Al- Qaida Sanctions List ¶ 10, https://www.un.org/sc/suborg/en/sanctions/1267/fact-sheet-onupdating-list (“Once the updated Al-Qaida Sanctions List is communicated to Member States, States are encouraged to circulate it widely, such as to banks and other financial institutions, border points, airports, seaports, consulates, customs agents, intelligence agencies, alternative remittance systems and charities.”) (emphasis added). Note that 2253’s admonishment to “mitigate the impact on legitimate activities” does not hobble our efforts here, since the receipt of illegally-obtained monies does not qualify as a “legitimate activity.” See infra note 126 (discussing the illegitimacy of illegals’ remittances). Further, even if the remittance ban imposes hardship on impecunious Mexican nationals, that side effect should not deter us. It would not be the first time that the United States has supported international policy shifts based on that strategy. See, e.g., Donald G. McNeil, Jr., A Nation Challenged: Sanctions; How Blocking Assets Erased a Wisp of Prosperity, N.Y. Times(Apr. 13, 2002), http:// www.nytimes.com/2002/04/13/world/a-nation-challenged-sanctions-how-blocking-assetserased-a-wisp-of-prosperity.html (describing the United States’ post-2001 asset freeze of Somalian bank Al Barakaat, which “crippled the company” and “cut off” remittances to Somalis from Europe and the U.S: “Malnutrition rates among children in the southern Gedo region were at ‘very alarming levels’ in January, said Laura Melo, a World Food Program spokeswoman, because of a combination of poor rains, a ban on cattle and camel exports for health reasons, runaway inflation and the abrupt cutoff of Al Barakaat remittances.”).

Thus, the UNSC would possess the legitimate and precedented power to order sanctions in the form of freezing individual illegals’ remittances held by wire transfer organizations like Western Union.109For Western Union’s U.S.-to-Mexico remittance service, see This is Sending Money Online to Mexico: Get Started, Western Union, https://www.westernunion.com/us/en/sendmoney-to-mexico.html (last visited April 18, 2017). MoneyGram also has a good U.S.-to-Mexico remittance system. See Send Money to Mexico; Start Sending Now; Find a Location, Moneygram, http://www.moneygram.com/us/en/send-money-to-mexico (last visited April 18, 2017). Friendlies we position on the UNSC’s Sanctions Committee and its affiliates would do an excellent job of investigating and designating these sanctionees.110 See Cave, supra note 16. Our Treasury Department’s Office of Foreign Assets Control (OFAC) agents could also lend a hand by conducting its own dragnet of aliens, perhaps pursuant to an Executive Order.111On the role of states in securing sanctions, see Enrico Carisch & Loraine Rickard-Martin, Global Threats and the Role of United Nations Sanctions6 (2011) (“Effective sanctions implementation [includes] the active support . . . of . . . states.”). Just as an example, OFAC designated (now, presumably, soon-to-be in the clear) Russian sanctionees, targeted pursuant to Executive Orders 13360 and 13661. See Ukraine and Russia Sanctions, U.S. Dep’t State, https://www.state.gov/e/eb/tfs/spi/ukrainerussia/ (last visited Apr. 6, 2017) (listing sanctions executed under Executive Orders 13660-13661, issued in 2014) ; see also Chris Jones, Caught in the Crosshairs: Developing a Fourth Amendment Framework for Financial Warfare, 68 Stan. L. Rev.683, 693–94 (2016) (noting that the Office of Foreign Assets Control (“OFAC”) designated 117 individuals and entities vulnerable to E.O. 13360-61 sanctions by “conducting an investigation using a broad range of sources.”). As in that case, your “Mexicans” E.O. would be executed pursuant to the International Emergency Economic Powers Act (“IEEPA”), 50 U.S.C. § 1701.

The scope of these sanctions against millions of as-yet unnamed individuals would prove groundbreaking,112As noted, the remitters number in the millions. See supra note 16. When sanctioning individuals, the UNSC typically targets a limited number of specifically-named people. See, e.g., Security Resolution 1737, supra note 40; S.C. Res. 1737 Annex C–E (Dec. 23, 2006) (listing 10 people); see also Exec. Order No. 13661, 79 Fed. Reg. 15535 (Mar. 19, 2014), at Annex (listing 7 people); Carisch & Rickard-Martin, supranote 111, at 4 (“In recent years, there has been ever-increasing detail and consistency in resolution language concerning . . . assets freezes.”); id. at 7 (“Persons and entities . . . targeted . . . [find] . . . their names and identifying information entered on lists annexed to resolutions.”). This punctiliousness annoys, of course, but the UNSC does remain giddily free of any evidentiary burdens , see id. at 19, and its contemporary fastidiousness may be rendered more slovenly via quid-pro-quo negotiations that return us to the Great Unbuttoning of 2001. See also id. at 17: “a torrent of listings were adopted in response to the 9/11 attacks . . . [n]ot all . . . were prepared with adequate precision and care.”); see also supra text accompanying notes 72–93 (regarding your negotiation strengths). A “Mexicans” Annex that initially reads “TBD” and expands continually would be excellent, for example. However, state implementation instruments that followed a similar course might well be submerged beneath the human rights squeamishness of Joined Cases C-402 & 415/05P, Kadi & Al Barakaat Int’l Found. v. Council & Comm’n, 2008 E.C.R I-6351 (European Community’s implementations of UNSC sanctions had to follow fundamental rights respected by European Community law) and U.S constitutional customs pursuant to Medellin v. United States, 128 S. Ct. 1346, 1356 (2008) (“[I]nternational commitments . . . are not domestic law unless Congress has either enacted implementing statutes or the treaty itself conveys an intention that it be self-executing and is ratified on these terms.”) (quotation marks omitted); s ee alsoGra´inne de Bu´rca, The European Court of Justice and the International Legal Order After Kadi, 51 Harv. Int’l L. J.1, 31 (2010) (regarding the implications of Kadi).Yet not all would be lost. See discussion of Kadi v. Geithner ,42 F. Supp. 3d 1, 38 (D.D.C. 2012); Al Haramain Islamic Foundation, Inc. v. U.S. Dep’t of Treasury (Al Haramain II), No. 07-1155-KI, 2009 WL 3756363, at *14–15 (D. Or. Nov. 5, 2009), aff’d in part, rev’d in part, 686 F.3d 965 (9th Cir. 2011), infranote 116 (describing the state-friendly approaches of U.S. courts when dealing with sanctions). and require a breathtakingly massive expansion of the UN Sanctions Committee apparatus113 See Enrico Carisch & Rickard-Martin, supra note 111, at 4 (“The Committee . . . designates persons and entities subject to individual targeted sanctions.”). Specifically, a colossal bureaucracy could be grown out of the Committee’s helpful investigators who form their “Panel[s] of Experts.” Id. at 5. Though these “experts” are “expected to resist political pressure” when discovering and designating targets, “there is no comprehensive manual or training provided” to them. Id. So, the experts are unformed clay we shall mold by funding their “training.” See Patrick Goodenough, U.S. Pays $3B for UN—More Than 185 Other Countries Combined, CNS News (May 7, 2015), http://www.cnsnews.com/news/article/patrick-goodenough/us-pays-3b-un-more-185-other-countries-combined. and possibly OFAC so that they might conduct relentless blanket searches.114 See Jones, supra note 111 (describing OFAC’s “broad” designation and investigation powers). Also, the intelligence gathering by such bureaucracies could obviously later aid you in your promised purges. Tom LoBianco, Donald Trump Promises ‘Deportation Force’ to Remove 11 Million, CNN (Nov. 12, 2015), http://www.cnn.com/2015/11/11/politics/Donald-trump-de portation-force-debate-immigration. This move would likely pass muster under the U.N. Charter’s gossamer legal limitations.115 See U.N. Charter, supranote 53 (citing Article 24(2)’s requirement that actions taken under Chapter VII “be consistent” with the principles of the Charter). The Charter’s principles find expression in Article 1’s amorphous “Purposes,” which consist of hysterical tautologies such as the Charter’s ambition “[t]o maintain international peace and security [by] . . . remov[ing] . . . threats to the peace . . . by peaceful means.” U.N. Charter, art. 1, ¶ 1. They also reside in Article II’s “Principles,” which bombast about vague aims, including the “settl[ing of] . . . international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.” U.N. Charter, art. 2, ¶ 3. Enlightened domestic legal precedent concerning OFAC’s rampages also skews favorably. Moreover, if Ryan or Schumer clutch their pearls at your audacity, you could even dispense with Congressional permission (at least, at first).116Michal R. Gordon & David E. Sanger, U.N. Vote on Iran Nuclear Deal Irks Congress, N.Y. Times(July 20, 2015), https://www.nytimes.com/2015/07/20/world/middleeast/unvote-on-iran-nuclear-deal-irks-congress.html (“At least two senior Democrats have joined the Republican leadership in complaining that the Security Council action . . . pre-empt[s] the congressional debate. Their concern is that . . . American lawmakers have [not] had time to vote on it.”).

One potential problem exists with this plan, however.

D) Possible “Wrinkles” in the Plan.

Certain constituencies may react to your sanctions scheme unfavorably, unless you succeed in selling the idea as a righteous and necessary one. This issue relates to the above-noted controversial character of illegals.117 See supra text accompanying notes 25–34. Subversives may argue that illegals’ remittances to Mexican family members qualify as symbols of love and utter sacrifice on the part of hardworking economic refugees who brave racism, the dangers of illegal immigration, the perils of criminal incarceration, and the degradation of doing jobs that American Whites refuse to even consider, etc., etc.118 See, e.g., Ernesto Castaneda & Lesley Buck, Remittances, Transnational Parenting, and the Children Left Behind: Economic and Psychological Implications, Latin Americanist85, 85 (2011) (“Remittances are proof of sacrifices and a serious commitment to the migrants’ loved ones left behind.”); Ezra Rosser, Immigrant Remittances, 41 Conn. L. Rev.1, 59 (2008) (“[R]emittance policies must be developed in a way that recognizes the rights of transnational families to express their love across national borders.”); Tyrone Beason, Families Here Send What They Can to Those Back Home, Seattle Times(Mar. 4, 2014), http://www.seattletimes.com/pacific-nw-maga zine/families-here-send-what-they-can-to-those-back-home (“In order to provide for the family she hasn’t seen in person for nearly a decade, Barahona lives frugally here, sleeping in a rented room in another family’s house in South Seattle. When asked what it means to send money home to daughters she’s had to watch grow up via Skype, Flor starts to cry.”). In other words, they will try to shame you out of pursuing illegals in terrifying sweeps119 See supra text accompanying notes 113–114 (discussing round-ups). and freezing their assets.

To quash this resistance, you will accomplish with remittances the same magic that you will have already practiced against the tropes of “Mexicans” as well as “threat to the peace” and “the law” —that is, the complete subjugation of a social, racial, or jurisprudential idea to your personal will and vision via politics. You will help us see remittances not as icons of loving-kindness, but rather as polluted, stolen property.

I predict that in the end you will find very little meaningful pushback at all. Domestically, there exists an expressive movement agreeing that Mexican remittances qualify as ill-gotten gains illegally obtained from drug dealing, prostitution, and other “disgusting” ventures.120Your savvy use of what the Left describe as “dog whistles”—your description of Mexican rapacity and disease, for example—has contributed to a flowering of dissent against illegal aliens, which finds a home on the web. These internet patriots take your cues and make them explicit for all to read and share. On dog whistles, see Ian Haney Lopez, Dog Whistle Politics: How Coded Racial Appeals Have Reinvented Racism and Wrecked the Middle Class4 (2015) (“using a dog whistle . . . means speaking in code to a target audience.”). On the reaction to hearing such clandestine kazoos, see, e.g., Comments to Donald Trump: Putin Has Been a Leader ‘Far More Than Our President Has’, Fortune(Sept. 7, 2016), http://fortune.com/2016/ 09/07/donald-trump-putin-obama-leader (describing Mexicans remittances in unapologetic terms).

Internationally, you also find a ready audience, and for many of the same reasons. The current geopolitical observer witnesses the rise of wildly popular “strong leader[s],”121Like Putin, for example. See Donald Trump: Putin Has ‘Been a Leader Far More Than Our President Has’, Fortune(Sept. 7, 2016), http://fortune.com/ 2016/09/07/donald-trumpputin-obama-leader. like yourself, who may not find themselves cozily grouped as Left or Right, but rather cherish the U¨bermensch’s greater aim—that of composing the country in the way that they like. And with these winners arrives an increasing international affection for masculinist ultimatums that see U.N. signatories quite happily fleecing undesirables of their money. In 2011, Bolivia froze the assets of a cement company majority-owned by a political rival of President Evo Morales.122Caludia Soruco & Luis Andres Henao, Bolivia Judge Freezes Assets of Cement Maker Soboce, Reuters(Apr. 15, 2011, 10:27 PM), http://www.reuters.com/ article/bolivia-cementsoboce-idUSN1530290920110416. In May 2016, Lord Reginald Norman Morgan Empey advanced a U.K. bill that would use frozen Libyan assets to compensate IRA victims for their losses123 See Robert Mendick, Outrage as Human Rights Laws Used to Block Compensation to Terror Victims of IRA Attacks Funded by Gaddafi, Telegraph(June 10, 2016, 6:44 PM), http:// www.telegraph.co.uk/news/2016/06/10/outrage-as-human-rights-laws-used-to-block-comp ensation-to-terro (“Lord Empey, an Ulster Unionist peer, is proposing a private members’ bill that would allow the Treasury to prevent the release of Libyan frozen assets until a settlement is reached with the UK victims.”).—but Parliament blocked it as a human rights violation.124 Id. (“British victims of Libyan-sponsored IRA terrorism are being blocked from receiving millions of pounds in compensation because of human rights laws.”). In July of that year, Russia threatened to freeze Ukrainian assets in response to an unpaid debt.125 Russia Will Seek Ukraine Foreign Assets Freeze if $3bn Debt Not Repaid, RT (July 29, 2016, 11:07 AM), https://www.rt.com/business/353884-russia-freeze-ukraine-assets/. In September, Egypt froze the assets of human rights activists and three Non-Governmental Organizations.126 Egypt Court Freezes Assets of Rights Defenders and NGOs, Al Jazeera(Sept. 17, 2016), http://www.aljazeera.com/news/2016/09/egypt-court-freezes-assets-rights-defenders-ngos-16 0917144339206.html. A month later, China readied legislation that would freeze the assets of troublemaking “hackers.”127 China’s Cybersecurity Draft Law Targets Foreign Hackers, U.S. News & World Rep. (Nov. 1, 2016, 2:36 AM), https://www.usnews.com/news/ technology/articles/2016-11-01/ chinas-cybersecurity-draft-law-targets-foreign-hackers (“Chinese authorities could freeze assets and take other actions against foreign hackers . . . under a revised draft of a new cyber security law.”). In making your proposal to the UNSC, you will prove yourself the First Citizen of this stalwart company of Caesars who do not fear spreading economic ruin in the pursuit of a more prosperous state.

You see, Mr. President, the moment for crushing Mexico beneath your heel has come. We find ourselves at the precipice of a bolder world. The new order looks to you as a leader of this golden age, indeed, as a man who will not only break inferior foreign powers, but also profitably sow discord and anxiety at home.

E) You Are a Great Man and This Plan Will Make You Even Greater

It is here that I come to the most exciting part of my proposal, which announces that you cannot lose this battle even if you fail to get nine votes on the Council.You have ingeniously promised a Wall that will not—I emphasize, will never—deter Mexican migrants from pursuing illegal entry into our country, no matter how high its reach or thick its breadth. Mexicans’ love for each other and their hunger for prosperity, combined with their aforementioned tenacity and ingenuity,128 See supra text accompanying notes 25–36. will always find them massing in our nation’s cities and agricultural centers: People brave enough to risk their lives to gain an existence less broken by terror and poverty will discover a multitude of strategies to breach yours or any fortress.

But you knew that anyway. And that is why, when you made your promise about the Wall, you did not guarantee to keep out migrants at all. On the contrary, this country would be up s***t’s creek if you did.129 See, e.g., Jeanna Smialek & Brendan Case, What Would Happen to the Economy If Trump Got His Way, Bloomberg(Aug. 18, 2015, 1:39 PM), https://www.bloomberg.com/news/ articles/2015-08-18/here-s-what-the-u-s-economy-would-look-like-if-trump-deported-undoc umented-immigrants (“Undocumented workers contributed $13 billion in payroll taxes to old age, survivor and disability insurance in 2010, a Social Security Administration study from 2013 found. They accessed about $1 billion in benefits, so that nets to a $12 billion contribution that wouldn’t exist if you deported them.”). No, you proposed a method of social control far more effective than any one measly barricade. You offer the American people not one Wall, but so many walls—yes: You will bring us many, many, many walls that will spring up not on any geographical border, but rather within the psyches of an embattled Hispanic minority, or anyone whose unluckily darkened complexion or tendency for expansive gesturing could cause them to be mistaken as such a one.

Many years ago, in my stupid youth, I studied literature, history, philosophy, and psychology. From these seemingly useless disciplines,130Indeed, I imagine that this curriculum does not match up to your tastes. See Trump in Nevada: ‘I Love the Poorly Educated’, YouTube(Feb. 23, 2016), https://www.youtube.com/ watch?v=Vpdt7omPoa0. I will concede that I gained manifold weapons for today’s war against a changing America, which has so veered from the ordered liberty of my father’s youth into a stranger’s wasteland (my poor Papa, now a bitter Gulf War veteran of Scots-Canadian descent, who lives on a pittance in Dinuba, California after the local K-Mart closure).131 See List: 78 Sears, Kmart stores closing, USA Today(Apr. 22, 2016, 9:59 AM), https:// www.usatoday.com/story/money/business/2016/04/21/list-sears-kmart-stores-closing-acrossus/83356912/. In any case, during my second year at Stanford Law School, I whiled away one idle afternoon reading the turgid and often incomprehensible work of a Bulgarian-French theorist named Julia Kristeva, who invented the notion of “abjection.”132 See Julia Kristeva, Powers of Horror: An Essay on Abjection 6 (Columbia Univ. Press 1982) (1980) (“What he has swallowed up instead of maternal love is an emptiness, or rather a maternal hatred without a word for the words of the father; that is what he tries to cleanse himself of, tirelessly.”). Abjection qualifies as a febrile psychological condition that causes undesirables to comprehend themselves as soiled and outside of the social order.133 See id. These scapegraces cope with their flaws by obsessively attempting to cleanse themselves of their degeneracy.134 See id. While Kristeva herself bemoaned such a state, it stands, of course, as the most desirable attitude we could ever hope a racial insurgent to possess. For when such creatures battle themselves, they divert all of their energies away from the lobbying necessary for their promotion in the political hierarchy.

Your call for a Wall, and for Mexico’s payment of it, creates just this distracting debasement. It finds its justification in the contagious and dastardly menace of illegals135 See supra text accompanying notes 59–63. and their facsimiles. When you paired your call for a Wall with a condemnation of Hispano-American Judge Gonzalo Curiel as “Mexican” and “biased”136Nina Totenberg, Trump Presses Case That ‘Mexican’ Judge Curiel Is Biased Against Him, NPR (June 4, 2016, 6:00 AM), http://www.npr.org/2016/06/04/ 480714972/trump-pressescase-that-mexican-judge-curiel-is-biased-against-him (“[H]e’s a Mexican. We’re building a wall between here and Mexico.”). (during that unfair lawsuit137 Id.) you revealed that the American scourge expanded beyond the category of “illegals” into an ever-widening circle of suspects138A woman in Los Angeles has written about the use of this kind of language, and she agrees that it sometimes creates an overwhelming psychological response in Hispanics. See Yxta Maya Murray, Inflammatory Statehood, 30 Harv. J. Racial & Ethnic Just.227, 231 (2014) that might include not only U.S.-born Mexicans but also the whole farrago of dusky Nonwhites we seek to ban (Muslims139Press Release, Donald J. Trump, Statement on Preventing Muslim Immigration (Dec. 7, 2015), https://www.donaldjtrump.com/press-releases/donald-j.-trump-statement-onpreventing-muslim-immigration (“Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on.”) deleted from website, see Jessica Estapa, ‘Preventing Muslim Immigration’ Statement Disappears from Trump’s Campaign Site, USA Today (May 8, 2017), https://www.usatoday.com/story/ news/politics/onpolitics/2017/05/08/preventing-muslim-immigration-statement-disappearsdonald-trump-campaign-site/101436780 (noting that the statement referenced above was deleted); see also Donald J. Trump Statement On Preventing Muslim Immigration, Wayback Machine Internet Archive, https://www.usatoday.com/story/news/politics/onpolitics/2017/05/08/ preventing-muslim-immigration-statement-disappears-donald-trump-campaign-site/101436780 (the deleted statement can be found on the Wayback Machine, an internet archive that takes snapshots of original internet postings on a regular basis). In recent months, you appear to have shifted your position slightly, indicating that the ban might only persist briefly and also that Scottish Muslims (presumably those who like to golf) would remain welcome. See How Donald Trump’s Plan to Ban Muslims Has Evolved, Fortune(June 28, 2016), http://fortune.com/2016/ 06/28/donald-trump-muslim-ban. In July of 2016, however, you specified that you intended to get around political flack regarding the Muslim ban by focusing on immigrants of particular Muslim-majority countries, not immigrants’ religion per se. See Jeremy Diamond, Trump on Latest Iteration of Muslim Ban: ‘You Could Say It’s an Expansion’, CNN (July 24, 2016, 11:45 AM), http://www.cnn.com/2016/07/24/politics/donald-trump-muslim-ban-election-2016 (“I’m looking now at territory. People were so upset when I used the word Muslim. Oh, you can’t use the word Muslim. Remember this. And I’m OK with that, because I’m talking territory instead of Muslim.”).) and silence (Blacks140 See Jeremy Diamond, Trump: Black Lives Matter Has Helped Instigate Police Killings, CNN (July 19, 2016, 5:47 AM), http://www.cnn.com/2016/07/18/politics (“Donald Trump said Monday he believes the Black Lives Matter movement has in some cases helped instigate the recent killings of police officers, and suggested he might direct his future attorney general to investigate the civil rights activist group . . . . ‘They certainly have ignited people and you see that . . . It’s a very, very serious situation and we just can’t let it happen,’ Trump said.”).). And then you were, sir, elected, gaining your taxonomic theories their former sheen141 See, e.g., Woodrow Wilson, The Significance of American History, in Woodrow Wilson: Essential Writings and Speeches of the Scholar-president216 (N.Y.U. Press 2006) (“No foreign stock long keeps its identity in our affairs.”). of political clout. This election, moreover, will allow you to make your case of racial contagion to the Council, and some of its members will142 See supra text accompanying notes 72–93. vote with you, garnering your viewpoint an international status, even if you do not formally succeed.

Thus, every unredeemed racial minority or those with unclean ideologies will now regard themselves as so weighed and measured on both local and global levels. In order to maintain their middling social positions and personal safety, they will attempt a constant and impossible delousing to rid themselves of any signs of deviance. Depression, despair, addiction,143 See Andrea J. Romero & Anna Ochoa O’Leary, Undergraduate Student Responses to Arizona’s “Anti-Ethnic Studies” Bill: Implications for Mental Health, 26 Latino Pol’y & Issues Brief1 (2011), http://www.chicano.ucla.edu/press/briefs/documents/PB26 (detailing mental illness that comes with “minority stress,” that is, discrimination). and even a vivacious pox of hate crimes144 See, e.g., J. Harold Ellens, Explaining Evil264 (2011) (“[Hate crimes find inspiration in] [u]nacceptable aspects of the self. . . [S]exual orientation or skin color . . . form the basis of self-loathing . . . . The related feelings . . . are then projected upon a group of individuals, such as Latino/as or lesbian, gay.”). can only ensue. These metastasizing ills will suppress effective dissent. Indeed, your strategy of persecuting a complex class of minorities and their friends resembles that of not only contemporary China145The Chinese now persecute the Uighurs. See Isabel Larocca, Chinese Persecution of the Muslim Uighurs Could Drive Them to ISIS, Newsweek(Sept. 12, 2015), http://www.newsweek .com/chinese-persecution-muslim-uighurs-could-drive-them-isis-371362 (“The Uighurs, a Turkic-speaking ethnic group indigenous to the Xinjiang region, were limited in their religious observance by bans . . . .”); Usaid Siddiuqui, The Ethnic Roots of China’s Uighur Crisis Al Jazeera(July 21, 2015), http://america.aljazeera.com/opinions/2015/7/the-ethnic-roots-ofchinas-uighur-crisis .html (describing the Byzantine distinctions made between suppressed Uighur and tolerated Hui Muslims). and Egypt146Egypt : Events of 2015, Human Rights Watch(2016), https://www.hrw.org/ world-report/2016/country-chapters/Egypt (“The authorities continued to restrict freedom of expression and association by . . . arresting people suspected of being gay or transgender, and prosecuting those accused of defaming religion.”). but also the efficiencies of the French Terror147 See Bronislaw Baczko & Michael Petherman, Ending the Terror: The French Revolution After Robespierre69 (1994) (showing the aristocrat’s effortless slide from “citizen” to “traitor” during the Terror). and Stalinist Russia.148 See Arthur Koestler, Darkness at Noon(1941) (an excellent if pejorative treatment of this phenomenon).

In other words, you, like those great men of yore, have discovered a technology that will so mesmerize the American public that your first legal success (in the form of UNSC upvotes) could snowball into the deliverance of all powers—Congressional, then judicial, then military, then each and every other illusion that composes that historical relic, the rule of law—straight to you.

Bravo, sir! Yours is a most impressive feat. Yet you must remain on your guard. I have noted that there remains a distressing quantum of resilience in the Hispanic people, who free themselves of White supremacy’s mental shackles long enough to build families, alliances, and even racial pride.149 See, e.g., Yolanda Alaniz & Megan Cornish, Viva La Raza: A History of Chicano Identity and Resistance52 (2008). This hidden source of political calories will only feed powerful movements against you. You have witnessed the gains of Black Power, with its attendant flowering of culture and self-love and astonishing political reach.150Alex Altmant, Person of the Year, The Short List, No. 4: Black Lives Matter, Time Mag. (2015), http://time.com/time-person-of-the-year-2015-runner-up-black-lives-matter (“All summer, Black Lives Matter protesters . . . forced politicians to grapple with radioactive questions of race and justice.”). You behold the radical gender reconfigurations created by gay marriage (though you deny that it bothers you).151Eli Stokols, Trump Says He’s ‘Fine’ with Legalization of Same-sex Marriage, Politico (Nov. 13, 2016, 7:00 PM), http://www.politico.com/story/2016/11/donald-trump-same-sexmarriage-231310. You see women floundering about in their supposed emancipation.152 See, e.g., Dismantle Patriarchy, Women’s Liberation Front, http://womensliberationfront.org (“[The Women’s Liberation Front (“WoLF”)] is a radical feminist organization dedicated to the total liberation of women.”) (last visited May 23, 2017). You continue to withstand Muslim defiance, such as when the “Gold Star” father Khizr Khan brandished the United States Constitution at you at the Philadelphia Democratic Convention.153Khizr Khan is the father of Humayun Khan, the U.S. Army Captain who was killed in Iraq in 2004. See Philip Bump, The Father of Muslim Soldier Killed in Action Just Delivered a Brutal Repudiation of Donald Trump, Wash. Post(July 28, 2016), https://www.washingtonpost .com/news/the-fix/wp/2016/07/28/the-father-of-muslim-soldier-killed-in-action-just-deliv ered-a-brutal-repudiation-of-donald-trump/?utm_term=.88e77816f2de&wpisrc=nl_most-draw 8&wpmm=1 (“‘If it was up to Donald Trump, [Humayun] never would have been in America,’ Khan said. ‘Donald Trump consistently smears the character of Muslims. He disrespects other minorities, women, judges, even his own party leadership. He vows to build walls and ban us from this country.’”). As well, the annexation of Ukraine will not be easy.154John E. Herbst & Alina Polyakova, How Many More Years Will Putin Occupy Ukraine?, Newsweek(Feb. 27, 2016), http://www.newsweek.com/how-many-more-years-will-putinoccupy-ukraine-431023 (“Despite a growing chorus of pro-Putin voices in Europe, the EU must remain steadfast in its commitment to sanctions until the Minsk agreements are fully implemented and Russia withdraws its troops from Ukraine.”). Assad looks to us for aid, but the Syrian rebellion remains fractious.155Philip Issa, Syrian Rebels Launch Offensive to Break Assad’s Siege in Aleppo, Star(Oct. 28, 2016), https://www.thestar.com/news/world/2016/10/28/syrian-rebels-launch-offensive- to-break-assads-siege-in-aleppo.html (“Fierce fighting broke out around the northern Syrian city of Aleppo Friday as rebels announced a large-scale offensive to break the government’s nearly two-month siege of opposition-held areas.”). Iran plots and waits.156Guy Benson, Fox Poll: 83 Percent Call Iran Untrustworthy, Huge Majority Says Obama Must Get Congressional Approval for Deal, Hot Air(Apr. 1, 2015, 9:21 PM), http://hotair.com/ archives/2015/04/01/fox-poll-83-percent-call-iran-untrustworthy-huge-majority-says-obamamust-get-congressional-approval-for-deal. Our acquisition of national and also global supremacy is not assured.

Still, your strategy remains the best hope in our sight. Please forgive me one reference that leaks out from the long dribble of the humanities: Sigmund Freud. In his Civilization and its Discontents, Freud wrote that “guilt . . . expresses itself as a need for punishment. Civilization, therefore, obtains mastery over the individual’s dangerous desire for aggression by weakening and disarming it and by setting up an agency within him to watch over it, like a garrison in a conquered city.”157 Sigmund Freud, Civilization and Its Discontents70-71 (1961).

That garrison, Mr. President, is your Wall. In order to prevail against the forces of chaos and racial defilement, I advocate that you bring your request to humiliate Mexico, its descendants, and, ultimately, the whole wide world of its Nonwhite brethren, by lobbying the UNSC to freeze remittances and build your structure with the wealth handed over by Pen˜a Nieto. By so doing, you will not only build a huge concrete Wall that will delineate the ever-pregnable contours of this country, but you will also invent millions of invisible walls, which you will import into your enemies, who will then become the objects that you conquer.

Should you have any further questions, sir, you can reach me at any time at Sean.Miller156@gmail.com or at 555-554-2311.

Sincerely, and yours, Sean M. Miller, Esq.