Thursday, April 20, 2017

It's On Like Donkey Kong: Immigration Patriot Jeff Sessions Vs. Cultural Marxist Nation Buster John Kelly

The battle lines have been drawn between the two men responsible for protecting the United States from illegal aliens, and it is immigration patriot Jeff Sessions versus Cultural Marxist nation busting John Kelly who appears to want to elect a new people in the fashion of the Communist dictators of East Germany. On one side we have a patriot who wants to build the wall, prosecute illegal aliens, and deport illegal alien DREAMers.  On the other we have a DACA advocate and a limp wristed #cuckservative who acts to protect illegal aliens from deportation, is unenthusiastic on the wall, and supports the Obama Regime Administrative Amnesty.  No more instructive issue is the border fence with Mexico.  The wall is the test of opposition to illegal immigration.  Those who are against the wall support illegal immigration because they know the wall will work.

First, the patriot:

Attorney General Jeff Sessions said Wednesday that the border wall construction needs to “move rapidly” to keep down the number of illegal border crossings into the U.S.
“I think the border wall needs to move rapidly,” Mr. Sessions said on Fox News’ “Happening Now” ahead of his trip to the border later this week.
“It will be the final affirmation that the illegality is over. It will multiple many times the effectiveness of our border patrol officers,” he said.
[Sessions: Border Wall Will ‘Drive Home’ Trump’s Immigration Policy, by Sally Persons, The Washington Times, April 19, 2017]

Sessions even understands the utility of a clear public message that illegal aliens are not welcome and only prosecution and deportation await those who violate our immigration laws.  Just the opposite of Kelly's public stance that only criminal aliens will be deported, and even criminal aliens like Ravi Ragbir have a chance of evading deportation if there is enough manufactured public demonstration by the Soros funded radical left.

Now, the nation busting #cuckservative who deliberately undermined President Trump:

Kelly says a wall in the right places, will do that job. He told a Senate panel that the wall won't be from "sea to shining sea," but in places where border agents say it would be most effective.
[Homeland Security Chief: Border Wall Won't Be From 'Sea to Shining Sea,' by Alicia Caldwell, Time/AP, April 5, 2017]

That's code for I don't want a wall, it might actually work.  While it is true that a wall or fence isn't needed in 100% of the border with Mexico, it is true that 95% of the border needs a wall or fence.  A few isolated miles of mountainous areas are portions of the border that while a fence can be built, as shown by the Great Wall of China, it is not always necessary in particular areas like the Big Bend National Park in Texas or the Peninsular Range between San Diego and Calexico, most of the border is amenable to construction of a fence or wall.


Yes, You Can Build A Wall On A Mountain Range With 2,000 Year Old Technology

A fence or wall that will work. Just as both do in Israel.


A Modern Border Fence That Works


A Modern Border Wall That Works

And, as if to prove the point that John Kelly is weak willed on deporting illegal aliens, he just allowed another illegal alien to avoid deportation.  He appears to take instructions on whom to deport or not from the press.  An illegal alien sob story appears:

I was allowed to sit in on the consultation because I agreed not to use the woman’s name or print any information — where she lives, where she works — that could identify her.
To me, she looked like a regular Bay Area mom. Her dark hair was in a ponytail. She wore New Balance sneakers, black yoga pants and a hoodie with the logo of a San Francisco startup.
She’s someone I’d pass on the street without thinking about what she might be going through. But it was clear when she spoke that everything in her body ached because of the uncertainty of her situation.
She was concerned about her upcoming check-in with Immigration and Customs Enforcement, required for immigrants without documentation who aren’t a deportation priority.
[Just An Ordinary Immigrant, Living In Fear, by Otis Taylor, SF Gate, April 14, 2017]

And as if on cue, John Kelly decided to let this unnamed illegal alien without any recourse to remain, do just that:

Stories like that had scared the Guatemalan woman who was worried about her upcoming appointment with ICE. She didn’t want to leave her children behind if she was detained. (She wasn’t.) Veronica Guinto, the immigration attorney the woman met with, told me that’s a cold reality immigrants who try to fix their status must face.
“They can’t fix their status without attending the interview, and that’s the problem,” Guinto said. “They’re trying to move forward, and you’re basically not allowing them to do so.”
[The Fear That Immigrants’ Children Carry With Them, by Otis Taylor, SF Gate, April 19, 2017]

So, either John Kelly is easy to intimidate with shameless baby waving or manufactured public indignation, or he just really doesn't want to deport illegal aliens.  Most likely he does not have will or the stomach to do his job.

And just as Cato the Elder ended every speech with a cry to save Rome from her sworn enemy, Carthage, Carthago delenda est, so I will call out every day that #KellyMustGo!  For the sake of the survival of the historic American nation, #KellyMustGo!

Wednesday, April 19, 2017

John Kelly Again Sabotages Immigration Enforcement

John Kelly is turning out to be the Alger Hiss of immigration enforcement.  Kelly, like Hiss, portrays himself as a loyal and tough American, while the truth is that he is a saboteur and enthusiast for massive illegal immigration.  VDare's Patrick Cleburne asked the important question, why is Kelly on the warpath against the historic American nation in a recent article.  [Trump PSYOP Illegal Immigration Triumph Reversed By DHS Chief Kelly. Why?, by Patrick Cleburne, VDare, April 18, 2017]  President Trump's rhetorical war on illegal immigration is having its effect, fear is a strong motivator, it is the mind killer.


And fear is very effective.  And it has started working, measurably.  As this writer said before, even rumors of enforcement work; panic among illegal aliens is good.  And John Kelly has instead instructed his subordinates to deny rumors of enforcement and himself proposed, then walked back additional actions to discourage illegal entry as Patrick Cleburne illustrated and I exposed previously. [John Kelly, You’re No Jumpin’ Joe Swing, by Federale, VDare, February 14, 2017]  It is that Kelly is deliberately undermining the psychological effects of enforcement actions and the talk of enforcement actions.

Well, Kelly is at it again.  He talks a little tough, then he backs off.  First the tough talk:

As I reported back in March, we’ve seen a dramatic reduction in illegal migration across the southwest border. In fact, March apprehensions were 30 percent lower than February apprehensions—and 64 percent lower than the same time last year.
These numbers are lower because we’ve shown that we’re serious about border security and enforcing our immigration laws. We have ended catch and release and also focused on apprehending, prosecuting and convicting the traffickers, or “coyotes,” themselves. We have significantly increased detainers for deportation. And we have arrested more criminal aliens. We will continue to expand our approach to include the prosecution of anyone—including family members—that pay the traffickers especially when it involves children under the age of 18.
[Home and Away: DHS and the Threats to America, Remarks delivered by Secretary Kelly at George Washington University Center for Cyber and Homeland Security, by John Kelly, Speech, DHS.gov, April 17, 2017]

However, catch-and-release remains, as I have pointed out in two articles on VDare.  First, DHS components arrested illegal aliens in Santa Cruz, CA, in a massive raid on illegal alien gangmembers, but immediately released many of the arrestees.

This is interesting for its own sake, but also depressing for immigration patriots. The HSI spokesman just admitted that HSI is not following instructions from the President and DHS Secretary John Kelly that “catch and release” of illegal aliens has ended.
[Sedition In Santa Cruz: Arrest Treason Cops Vogel, Flippo!, by Federale, VDare, March 19, 2017]

And I noted the release of illegal alien political activists and an illegal alien gangbanger in Oregon. [DHS Goes Full #Cuck On The Obama Regime Administrative Amnesty, by Federale, Federale Blog, March 30, 2017]

Then Kelly tells DHS employees that they will enforce the law and not apologize for it.

We will never apologize for enforcing and upholding the law.
We will never apologize for carrying out our mission.
We will never apologize for making our country more secure.
We ask for nothing more than respect and your support. We don’t do this for the thank yous—we do this keep America strong, secure, and free.
We live in a dangerous world. Those dangers are increasing, and changing speed and direction every single day.
But every day, we are vigilant. We are prepared. And we will do our jobs.

But Kelly the next day ordered DHS employees to effectively apologize for doing their job and release an illegal alien, give him a year of relief and employment authorization, effectively rewarding this illegal alien with eventual citizenship.  That's not doing our job.

A Mexican man backed by New Jersey's two U.S. senators in his battle to avoid deportation after living illegally in the United States for 26 years won a one-year reprieve on Tuesday, the government said.
Catalino Guerrero, a 59-year-old grandfather from Union City, New Jersey, who has also received the backing of Catholic and other religious leaders, was granted a stay of removal for one year, a spokesman for the U.S. Immigration and Customs Enforcement said.
U.S. Senators Bob Menendez and Corey Booker, both New Jersey Democrats, became directly involved on behalf of Guerrero, who got caught up in the government's intensified deportation efforts after President Donald Trump took office in January.They hailed the decision by ICE to delay Guerrero's deportation, which his lawyer has said would enable him to apply for a visa and then for permanent residency.
[Mexican Man, Backed By New Jersey Senators, Wins Deportation Reprieve, Reuters, April 18, 2017]

John Kelly is a Deep State infiltrator and saboteur of immigration enforcement.  He talks the talk, but does not walk the walk.


Immigration enforcement is looking to be a big fight between AG Sessions and Kelly.  Time will tell.


Tuesday, April 18, 2017

Immigration Courts Swamped By Obama Amnesty, Lying Press Tries To Blame Trump Crackdown

The Lying Press has again discovered that the administrative law courts of the Executive Office For Immigration Review (EOIR) are overburdened by hundreds of thousands of cases, many from the Obama Regime Amnesty for fake refugees from Central America.  They immediately then try and blame the crackdown on illegal immigration under President Trump.  The same report then describes what is going on in the courts, which turns out to be another amnesty being run by the kritarchs in the EOIR courts, something this writer has warned about several times.

Coast to coast, immigration judges, prosecutors and defense attorneys are straining to decipher how the federal immigration rules released in February by the Trump administration will impact the system — amid an already burgeoning backlog of existing cases.
The new guidelines, part of President Trump's campaign promise to crack down on illegal immigration,  give enforcement agents greater rein to deport immigrants without hearings and detain those who entered the country without permission.
But that ambitious policy shift faces a tough hurdle: an immigration court system already juggling more than a half-million cases and ill-equipped to take on thousands more.
“We're at critical mass,” said Linda Brandmiller, a San Antonio immigration attorney who works with juveniles. “There isn’t an empty courtroom. We don’t have enough judges. You can say you’re going to prosecute more people, but from a practical perspective, how do you make that happen?”
[Trump's New Rules Could Swamp Already Backlogged Immigration Courts, by Rick Jervis, Alan Gomez and Gustavo Solis, USA TODAY, April 17, 217]

The reason for the problem of a court backlog is so much in the numbers of illegal aliens in the EOIR system, but the fact that immigration judges are not doing their job.  Instead of holding hearings and making decisions, the article inadvertently reveals that immigration judges spend their days rescheduling hearings for illegal aliens.

One immigration judge refuses to hold hearings for the recipients of the Obama Children's Jihad on the border.  He just continually reschedules hearing for fraudulent asylum claims.

In San Antonio, an immigration judge breezes through more than 20 juvenile cases a day, warning those in the packed courtroom to show up at their next hearing — or risk deportation.

In Miami, a kritarch doesn't like the hard work of making decisions and reschedules an obvious case for deportation as there is no legal avenue for relief:

In another courtroom, Judge Rico Sogocio rescheduled until September the hearing of a young Haitian man to give him time to find an attorney. Through a Creole translator, the man asked the judge what would happen if he gets picked up by enforcement agents before then.

In San Antonio two immigration judges do no work other than reschedule cases.

On a recent afternoon, Judge Anibal Martinez heard case after case of juvenile immigrants seeking asylum. They were from Honduras, Ecuador, Guatemala, Mexico.
Martinez smiled at the youngsters and, through an interpreter, thanked them for their patience. Of the 25 juveniles listed on the docket, just four had legal representation. About half of the kids didn’t show up.
“You’ve been excellent in bringing your daughter to court today,” the judge told one woman. “But if she misses the next hearing, I may order her removal in absentia. Whether or not you have an attorney, you must show up.” The mom nodded in agreement.

Anibal Martinez thinks her job is not to review the law and apply it to aliens, but reschedule hearings in an effort to give illegal aliens a stronger claim to residency by endless delays, then claim that they've been here so long they have become "Americans."

And:

A floor below Martinez, in Courtroom 4, Judge Daniel Santander called adult cases until all 20 had been heard in the course of a morning. He spent just a few minutes on each; most were rescheduled for later dates.

And the ubiquitous Dana Leigh Marks, union representative for immigration judges, wants more money rather than having to actually work:

Meanwhile, the cases mount. The backlog at immigration courts has spiked over the past decade as resources poured into immigration enforcement, said Judge Dana Leigh Marks, president of the National Association of Immigration Judges...
“There is concern and frustration” among the judges about the latest guidelines, Marks said. “The people in the field are feeling very disconnected from the decision-makers and are not aware of much, if any, of the specifics of how these broad, aspirational goals will be implemented.”

Marks is clearly upset she may have to start denying the fraudulent claims of illegal aliens and start actually doing her job of ordering deportations, because she wants to run her own amnesty rather than follow the orders of the President or the Attorney General.

However, there is a solution.  Immigration judges are employees of the Executive Branch and are under the discipline of the Attorney General.  AG Jeff Sessions can take immediate action, instructing judges to ignore requests for postponing hearings and immediately hear the cases and make decisions. And it has been done before, as this writer reported in 2014.[This Is Not The First Border Crisis. No New Laws Needed—Reagan Administration Did Fine in 1988, by Federale, VDare, July 17, 2014] All it takes is AG Sessions giving orders to the Chief Immigration Judge to subordinate immigration judges to expeditiously hear cases and to only reschedule cases with the concurrence of the Chief Immigration Judge.  Immigration judges think they are real judges, but they aren't. They are under adult supervision.

Time for AG Sessions to enforce that supervision, force immigration judges to do the work that is assigned to them, and see that the immigration laws are enforced.







Monday, April 17, 2017

Major Victory, Expedited Removal Upheld For Bogus Asylum Claims

In a major, and precedent, decision, the Supreme Court of the United States (SCOTUS) has ruled in an appeal by fraudulent asylum applicants from the Central American surge of 2014 that the proceedings those aliens receive are non-reviewable by the courts!  This ruling is the first major decision in the area of asylum and Expedited Removal for SCOTUS.

The U.S. Supreme Court sidestepped a turbulent debate over illegal immigration on Monday, turning away an appeal by a group of asylum-seeking Central American women and their children who aimed to clarify the constitutional rights of people who the government has prioritized for deportation.
The families, 28 women and 33 children ages 2 to 17 from El Salvador, Honduras and Guatemala, had hoped the justices would overturn a lower court's ruling preventing them from having their expedited removal orders reviewed by a federal judge.
That Philadelphia-based court said the status of the families, all apprehended in Texas and later held in Pennsylvania, was akin to non-citizens who are denied entry at the border and they were not entitled to a court hearing to challenge that decision.
[U.S. Top Court Leaves Intact Ruling Against Central America Asylum Seekers, by Andrew Chung, Reuters, April 17, 2017]

This decision has implications for the Executive Orders on refugees that are currently stayed by radical left-wing judges who do not either understand the law or just don't care about the law, wanting to rule this nation as kritarchs.  This opens the way to the full implementation of Expedited Removal and its expansion.  Only Expedited Removal can unclog the immigration courts.  The implication of the decision is that arriving and illegal aliens have no more due process rights than that given to them by Congress.

"Congress may, consonant with the Constitution, deny habeas review in federal court of claims relating to an alien's application for admission to the country, at least as to aliens who have been denied initial entry or who, like petitioners, were apprehended very near the border and, essentially, immediately after surreptitious entry into the country," the Third Circuit Court of Appeals in Philadelphia previously concluded.
[Supreme Court Rejects Appeal For Latin American Refugees Seeking U.S. Asylum, by Doug Ware, UPI, April 17, 2017]

The lower court ruling could not be better for the United States.  The decision recognizes that Congress exclusively makes laws regarding aliens and their entry or bar from the United States.

Left-wing activist groups were stunned, and left sputtering that President Trump cannot do what that court just said he could do.

"These families cannot be sent back to certain danger," Margaret Huang, executive director of Amnesty International USA, said in a statement. "The United States has an international obligation to grant asylum seekers a fair hearing. They must not be deported, or detained any longer, and must have their full cases heard by an immigration judge."
"It is alarming that the Supreme Court has passed on the opportunity to correct this deeply flawed ruling which denies due process to mothers and children who are seeking this country's protection," Eleanor Acer, senior director of refugee protection at Human Rights First, said Monday. "These families, who have sadly been held in immigration detention for over a year after requesting this country's protection, face dire risks of danger in their home countries. The United States should not return these families to danger.

The ACLU's derangement was most amusing, claiming that the asylum fraudsters, all illegal aliens, could not be treated as non-citizens,which is the very definition of alienage.

The ACLU, which represented 28 single mothers and 33 children in the case, rejected the logic of the lower court's decision, saying migrants who cross the border "cannot be treated as non-citizens arriving at the border and thereby denied constitutional rights, particularly habeas corpus rights."

Well, ACLU, you're wrong.  Aliens may be denied due process and habeas corpus rights.  The Supreme Court rejected your claims and left the deportation orders to be enforced.  The only issue is to expand this to all aliens illegally in the United States and restrict due process and habeas rights to those aliens admitted for long-term residence as legal permanent residents.  This will free up the immigration courts from a backlog of hundreds of thousands of scheduled hearings for those aliens who are in the United States illegally.  Let the immigration courts concentrate on cases involving legal permanent residents and let Expedited Removal deal with the millions of illegal aliens in teh United States.

This is some great news among much bad news of late.  It lays the basis for solving the illegal immigration problem by deportation, the only reasonable solution.

Thursday, April 13, 2017

Lying Liars And The Lies They Tell: Jefferson County Sheriff Jeff Schrader

Public officials often tell lies.  One of the areas they are telling lies about is the issue of sanctuary cities, to include counties, States, and the public agencies in those political entities. A lie may be direct or indirect, by commission or omission.  One of the most public practitioners of the public lie is Jeff Schrader, Sanctuary Sheriff of Jefferson County, CO.


Sanctuary Sheriff Schrader

Schrader is in the news again concerning the recent publication of a list of jurisdictions that refuse to honor detainers, Department of Homeland Security (DHS) Form I-247A,  Immigration Detainer-Notice Of Action, provided to local law enforcement agencies, mostly agencies that hold prisoners, those mostly being county and parish sheriffs, by U.S. Immigration and Customs Enforcement (ICE) components, or by other DHS components from U.S. Customs and Border Protection, such as the U.S. Border Patrol.

Recently, ICE has started to publish information about local law enforcement agencies that refuse to comply with detainers.  At the top of that list is Jefferson County, as Jefferson County refuses to honor any detainers, including those for violent and dangerous prisoners.  Theoretically, if a detainer was issued for the current head of ISIS, Abu Bakr al-Baghdadi or the current head of Al-Queda, Ayman al Zawahiri, Sheriff Schrader would on principle, refuse to honor that detainer, unless ICE went to a Federal judge to obtain a Federal arrest warrant.  But if that warrant could not be obtained immediately, Sheriff Schrader would release those terrorists.  And Sheriff Schrader is quite public that he does not honor detainers, but he still claims that he fully cooperates with ICE, if by fully cooperate you mean ignores ICE detainers.  Like Bill Clinton, words have no meaning for Sheriff Schrader, except for what he says those worlds mean.  Clearly the pressure DHS is putting on sanctuary counties like Jefferson County is hurting, that is why the blizzard of lies from the Sanctuary Sheriff Shrader.

Jefferson County Sheriff Jeff Shrader took on federal immigration authorities in an open letter Friday, defending his jail against claims by Department of Homeland Security officials that the county hasn’t been fully cooperative when it comes to holding foreign-born inmates.
He said the agency’s recently started weekly Declined Detainers Outcome Report, which names local jails and jurisdictions that Immigration and Customs Enforcement says have not cooperated with detainer requests, is “replete with errors” and that Jefferson County “cooperates with ICE to the full extent of the law.”
[Jeffco Sheriff Challenges Federal Claims That County Isn’t Cooperating On Foreign-Born Inmates, by John Aguilar, Denver Post, April 7, 2017]

The Clintonian words there though are "full extent of the law."  Now, by "full extent of the law" Sanctuary Sheriff Schrader means ignoring the legal and authoritative authority in Federal law for an immigration officer to detain an alien based on the probable cause that an alien arrested and detained is in the country illegally.  That authority is codified in Chapter 8 United States Code § 1357 - Powers Of Immigration Officers And Employees:

(a) Powers without warrant: Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant—
(2) to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States;

Such is the authority of immigration officers and the arrest authority includes holding that alien for a reasonable amount of time before that alien is taken before an officer of the service or an officer of the Executive Office for Immigration Review (EOIR).  And that finding of cause to hold an alien is based on reason to believe, a substantially lower threshold than probable cause.  However, most arrests of aliens is actually based on probable cause, the higher standard.

However, in his own words, Sanctuary Sheriff Schrader thinks that he has the authority to counter established Federal law; authority that has never been challenged by the Supreme Court, except where there is no likelihood of deportation.  See Zadvydas v. Davis, which prohibited indefinite immigration detention, but recognized any detention prior to a finding that there was no likelihood of deportation.  The Court did not challenge detention of illegal aliens until that detention appears to be without reason, e.g. no chance of deportation.

Now Sanctuary Sheriff Schrader says otherwise.  He says no alien may be detained for any period.

He said he is barred by the U.S. Constitution’s Fourth Amendment from holding inmates, including foreign-born inmates, past their release dates without a warrant signed by a judge. ICE holds sent to Jefferson County have been signed by an immigration official, Shrader said, not a judge.

Well, he is just plain wrong.  The Supreme Court has never held that pre-adjudication detention was a violation of the Fourth Amendment.  Now Sanctuary Sheriff Schrader claims that a lawsuit in 2009 held that any detention was illegal.  That is true, but that decision by a Federal judge was not appealed and is not precedent, as the authority to hold aliens was upheld in Zadvydas.

Now this does call for Attorney General Jefferson Beauregard Sessions III to step in and appeal the clearly ill-founded decision by a mere District Court judge.  But at this point, Sanctuary Sheriff Schrader has manufactured an excuse to no hold illegal aliens based on a detainer.  And at this point detainers have been modified to make it clear that the detainer request is based on probable cause, so Sanctuary Sheriff Schrader has no leg to stand on.

From the detainer form:

DHS HAS DETERMINED THAT PROBABLE CAUSE EXISTS THAT THE SUBJECT IS A REMOVABLE ALIEN. THIS
DETERMINATION IS BASED ON:
  1. The pendency of ongoing removal proceedings against the alien;
  2. A final order of removal against the alien;
  3. Biometric confirmation of the alien’s identity and a records check of federal databases that affirmatively indicate, by themselves or in addition to other reliable information, that the alien either lacks immigration status or notwithstanding such status is removable under U.S. immigration law; 
  4. Statements made by the alien to an immigration officer and/or other reliable evidence that affirmatively indicate the alien either lacks immigration status or notwithstanding such status is removable under U.S. immigration law. 
So, Sanctuary Sheriff Schrader's virtue signalling on the Fourth Amendment is, shall we say, nonsense.  The Fourth Amendment requirement of probable cause, that is not needed for initial and ongoing detention of an alien in removal proceedings, is met anyway.  Sanctuary Sheriff Schrader just does not want to detain illegal aliens based on his ideological support for illegal immigration. Sanctuary Sheriff Schrader is just lying to the public because his true position of supporting illegal alien criminals free in murder, maim, rape, and rob is not supported by the public, so he has to deceive the voters in Jefferson County with a faux high mindedness about the Fourth Amendment.

Now, the problem of a few isolated decisions by District Court Judges has to be addressed, and Attorney General Sessions should act expeditiously before this gets out of had.





Wednesday, April 12, 2017

Attorney General Sessions Announces Renewed Immigration Prosecutions

He can start with New York City (NYC) and Mayor Bill De Blasio.  This writer warned that Mayor De Blasio and New York City were planning to destroy the evidence they collected on illegal aliens who applied for the NYC Identification Card.  [New York City Planning To Destroy Evidence In A Criminal Investigation, by Federale, Federale Blog, December 3, 2016]  The purpose of those municipal ID cards was to aid and assist illegal aliens to remain in the United States, and so is the planned destruction of those records.  Both acts are violations of Title 8 United States Code Section 1324, Bringing and Harboring Illegal Aliens.

Recently, Attorney General William Jefferson Sessions announced that the Department of Justice (DOJ) and the United States Attorney's Offices which prosecute most Federal crime would be required to increase criminal prosecutions of persons involved in assisting illegal aliens.

Starting today, federal prosecutors are now required to consider for prosecution all of the following offenses:

The transportation or harboring of aliens. As you know too well, this is a booming business down here. No more. We are going to shut down and jail those who have been profiting off this lawlessness — people smuggling gang members across the border, helping convicted criminals re-enter this country and preying on those who don’t know how dangerous the journey can be.
[Attorney General Jeff Sessions Delivers Remarks Announcing the Department of Justice’s Renewed Commitment to Criminal Immigration Enforcement, Justice Department Press Release, April 11, 2017]

This specifically refers to 8 USC 1324, as supported by the accompanying memorandum to all prosecuting attorney in the DOJ.

Each District shall consider for prosecution any case involving the unlawful transportation or harboring of aliens, or any other conduct proscribed by 8 U.S.C. 1324.

That is a very wide net that AG Sessions is casting.  And it certainly covers Mayor De Blasio and, more importantly, his plan to destroy the evidence in his crime of aiding illegal aliens.

NEW YORK CITY (WABC) -- A judge ruled that New York City is legally allowed to destroy personal documents associated with its municipal identification program.
However, the judge also issued a stay Friday - postponing any action until April 17, pending an appeal.
Two Republican state Assembly members have sought to prevent the destruction of documents, such as copies of foreign passports, used to verify a person's identity to obtain the IDNYC card.
Representative Ronald Castorina, Jr., is one of them.
"The program itself has a scant vetting process, so by virtue of obtaining the card, there's a question as to whether or not the individual should have a government-level ID," he said.
Judge Philip G. Minardo decided purging information from the IDNYC card, a program that began two years ago and has issued more than one million cards, is not a threat to national security.
[Judge: New York City Allowed To Destroy ID-Related Documents, WABC, April 7, 2017]

Mayor De Blasio conveniently confesses that the program was designed to assist illegal aliens to remain in the United States and that destruction of those records will further assist those illegal aliens.

Mayor Bill de Blasio said New York City supports the ruling and will reject any attempt to appeal it.

"IDNYC was created to protect people and connect them to vital services," he said. "And today's decision ensures it will continue to do just that."

Time for AG Sessions to order the FBI to either subpoena those records or obtain a search warrant to seize those records before the records are destroyed.  AG Sessions can talk the talk, but can he walk the walk?  We shall see.

Saturday, April 8, 2017

Obama Deep State Operative In The Department Of Justice

The Deep State problem came to the fore after the election of Donald J. Trump as President.  Deep State operatives have been predominately Democrats.  Samples of their work are the surveillance of then candidate Trump and his advisors, leading of information about that surveillance, leaking by Foreign Service Officers of Trump conversations with world leaders, and targeting Trump himself for investigation.  Not many of these operatives have been identified, but out of the way Sacramento has an interesting case. A problem that Attorney General Jefferson Beauregard Sessions, III, can solve, but he hasn't.

United States Attorneys (USA) are the Department of Justice (DOJ) officials responsible for the prosecution of criminal and civil laws in the United States in the various in the United States District Courts.  These offices are divided into numerous U.S. Attorney's Offices and are staffed by Assistant U. S. Attorneys who appear in court to prosecute cases or defend the United States in cases.  USAs are appointed by the President and confirmed by the Senate, and serve at the pleasure of the President.  USAs generally resign when a new President is elected or inaugurated, or wait for a new President to ask for his resignation.  President William Jefferson Clinton fired all USAs immediately upon his inauguration.  Frequently USAs stay on until a new USA is appointed and confirmed. Generally though, they resign well before that point, and an acting USA is appointed by the Attorney General, generally the First Assistant U.S. Attorney, the senior ranking AUSA in a particular district.


Phillip Talbert, Deep State Operative In The War On Trump?

In an highly unusual move, after the resignation of the USA for the Eastern District of California, Benjamin Wagner in April, 2016, Philip Talbert was appointed first Acting United States Attorney, then appointed by the District Court as the U.S. Attorney.

“Serving as the United States Attorney for the Eastern District of California has been the most fulfilling and exciting experience of my professional career,” Wagner said in a statement issued by his office. “I have the greatest respect for the women and men in this office who seek to do justice each day, and I am proud of all that we have been able to accomplish together.”
Wagner gave no specifics about his decision to leave or his plans, but U.S. attorneys frequently leave their posts when a new president is elected...
Phillip A. Talbert, currently the first assistant U.S. attorney, will take over May 1 as acting U.S. attorney.
[Sacramento U.S. Attorney Benjamin Wagner Leaving His Post, by Denny Walsh, Sacramento Bee, April 20, 2017]

Wagner had the courtesy and professionalism to not stick around and hinder the selection of a successor no matter who won the then upcoming election.

He was a fanatic on supporting radical Islam and pushed prosecution of so-called hate crimes, but not when White Americans were the victim.

“He has been a leader in the department’s outreach to Arab and Muslim Americans, helping to ensure strong relationships and defend against bigotry.
On Wagner's resignation, Phillip Talbert was appointed Acting United States Attorney:
Phillip A. Talbert was appointed as the Acting United States Attorney on May 1, 2016.
[About the U.S. Attorney, Office of the U. S. Attorneys, DOJ, Website]

However, sometime between his appointment as Acting U.S. Attorney, and today, Phillip Talbert assumed the title of USA and purports himself as the U.S. Attorney.  Sometime after May 2016, Talbert was appointed or claimed the title of U.S. Attorney.  As of October 2016, he was still acting U.S. Attorney though.

As the housing crisis fades into the past, federal prosecutors are filing fewer fraud cases against the mortgage industry and more involving health care. Acting U.S. Attorney Phillip Talbert, the top law enforcement official in a sweeping Central Valley district, has had his hands full with medical fraud cases since assuming his post in May.
[Phillip Talbert: Prosecutor Known For Fairness, by Allen Young, Sacramento Business Journal, October 21, 2017]

Importantly, this is still when it was thought all round that Hillary Clinton would be the next President.  But between October 21, 2016 and he was appointed by the District Court to be the U.S. Attorney.

Now a defense attorney in the Sacramento area claims in blog post that the appointment came sometime in November, e.g. before the inauguration of President-Elect Trump.

Phil became the Acting U.S. Attorney without any appointment on May 1, 2016.  But there's a limit to how long one can be an "Acting" U.S. Attorney.  So when that time ran out in November, then-Attorney General Loretta Lynch appointed Phil to be the EDCA U.S. Attorney.
Federal law also restricts how long a person can hold the position on an AG appointment. Later this month, the district court, at the request of the Department of Justice, is expected to appoint Phil as the U.S. Attorney. There's no time limit on a court-appointed U.S. Attorney, so he'll probably serve as EDCA U.S. Attorney until the President appoints a new one. At that time, if Phil is still in the office, he will revert to once again being an Assistant U.S. Attorney because he'll be a court, not a Presidential, appointee. A Presidentially-appointed U.S. Attorney, whether they were an AUSA beforehand or not, does not become an AUSA when a new Presidential appointee arrives and instead must leave the office.
[Status of EDCA U.S. Attorney, by John Balazs, Eastern District Blog, March 14, 2017]

However, Talbert had already at least started using the title USA long before the March 2017.

FRESNO — Martin Carranza-Sanchez, 45, of Mexico, was sentenced Wednesday by U.S. District Judge Dale A. Drozd to a six years and six months in prison and three years of supervised release for conspiracy to commit wire fraud in a scheme to defraud Mexican citizens, seeking to enter the U.S. without documentation, and their relatives living in the United States, U.S. Attorney Phillip A. Talbert announced.
[Man Posing As A ‘Coyote’ Sentenced, Porterville Recorder, February 23, 2017]

However, Wikipedia reports that the authority of the Circuit Court to appoint a U.S. Attorney was repealed by the Patriot Act of 2007.

The governing statute, 28 U.S.C. § 546 provided, up until March 9, 2007:
(c) A person appointed as United States attorney under this section may serve until the earlier of—
(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or
(2) the expiration of 120 days after appointment by the Attorney General under this section.
(d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.
On March 9, 2007, President George W. Bush signed into law the USA PATRIOT Act which amended Section 546 by striking subsections (c) and (d) and inserting the following new subsection:
(c) A person appointed as United States attorney under this section may serve until the qualification of a United States Attorney for such district appointed by the President under section 541 of this title.
This, in effect, extinguished the 120-day limit on interim U.S. Attorneys, and their appointment had an indefinite term. If the president failed to put forward any nominee to the Senate, then the Senate confirmation process was avoided, as the Attorney General-appointed interim U.S. Attorney could continue in office without limit or further action. Related to the dismissal of U.S. attorneys controversy, in March 2007 the Senate and the House voted to overturn the amendments of the USA PATRIOT Act to the interim appointment statute. The bill was signed by President George W. Bush, and became law in June 2007.
[United States Attorney, Wikipedia, undated]

Now, just how then did the Deep State bureaucrat Phillip Talbert become the U.S. Attorney without either appointment by the President and confirmation by the Senate?  How did a District Court appoint him USA without legal authority.  If his term as Acting USA was expiring, why didn't the then Attorney General Loretta Lynch just appoint a new Acting USA from the ranks of the AUSAs in the Eastern District?

A clue can be found in Talbert's Muslimphilia:

In our roundtable discussion at Stanford that focused on religious discrimination in education, we talked about preventing harassment and bullying in our K-12 schools, teaching diversity and tolerance and accommodating religious needs in K-12, and handling conflicts arising from religious expression and the exercise of free association rights in colleges and universities...
My office, as well as those of the other U.S. Attorneys across the country and the Civil Rights Division of the Department of Justice, are charged with enforcing federal laws involving civil rights, hate crimes, and land use issues, including where violations relate to discrimination based on religion. In fact, former U.S. Attorney Ben Wagner and I set up a working group of attorneys in my office focusing resources on cases involving civil rights, hate crimes and human trafficking to ensure that we are giving such cases the priority they deserve. We will always be interested in hearing what challenges people of various faiths face based on their religion and in considering whether egregious facts indicate that violations of federal laws need to be vindicated through a criminal prosecution or civil action. 
[U.S. Attorney's Report To The District, by Phillip Talbert, Acting USA, August 2016]

And by religion, he means Islam, not Christianity.  And by civil rights, he means only non-whites and Muslims.  You see, despite physical attacks on whites who oppose terrorism and Black crime, Phillip Talbert took no action in such cases as the attacks at the University of California Davis on Milo Yiannopoulos and the vicious assault on a white protester in Sacramento by the infamous Antifa riot leader Yvette Felarca from terrorist group By Any Means Necessary (BAMN).  No civil rights charges were investigated or brought by Talbert, despite his apparent concern for "civil rights."  To Phillip Talbert, whites and Christians don't have civil rights.


Now, this all comes to a head with the Deep State in the DOJ when the DOJ failed to present proper legal arguments in the appeal of the injunction of the first travel ban order before the 9th Circuit Court of Appeals.  Talbert has a long career in the DOJ in California, and it is more than possible that his cronies in the DOJ sabotaged the first appeal arguments the government made in the case in an effort to be #TheResistance to President Trump.

Now this is only a theory, but why hasn't President Trump and Attorney General Sessions told Talbert that his services as USA are no longer needed and a new Acting USA appointed.  Surely there are some Republican AUSAs on staff in the USAO for the Eastern District of California?  And why hasn't Trump appointed a real USA at that?  Deep State Democrats are everywhere and one place to start to clean them out is the Eastern District of California.