Saturday, April 11, 2015

Interesting Case Involving Loretta Lynch

Or, more precisely, not involving Loretta Lynch.  Lynch is touted by RINOs like Orrin Hatch as some sort of no-nonsense prosecutor.  She is the United States Attorney for the Eastern District of New York, but she appears to be uninterested in doing her job, especially if it involves the prosecution of immigration law violations, even those connected with terrorism.

WABC-TV April 10, 2015 by Jim Dolan 
Bronx Woman Married 10 Times Now Charged With Not Paying Subway Fare 

BRONX, N.Y. (WABC) -- A Bronx woman facing felony charges after authorities say she got married 10 times in an apparent marriage scam was arrested after court Friday.
Authorities say Liana Barrientos, 39, and her niece Tracy Barrientos walked through the gate of a subway station at 149th Street and Grand Concourse and did not pay the fare.
They are charged with theft of service and criminal trespass. 
Liana Barrientos had been arraigned earlier on two counts of filing a false instrument. She pleaded not guilty. 
Those false instruments were an application for a marriage license and the signed marriage license itself, executed in the spring of 2010, which stated this was her first and only marriage. The groom was a man named Salle Keita, whom she wed March 4, 2010, according to the indictment. 
Police believe she was marrying men to get them into the country and apparently wed nine times between 1999 and 2002, never bothering to legally change her name.
She is believed to be currently married to four people, and at one time, she was married to eight of them at the same time. 
The case was brought to the attention of the Bronx County District Attorney's Office by Immigration and Customs Enforcement and the Department of Homeland Security's
Investigation Division.  
They indicated that seven of the men are from so-called "red-flagged" countries, which included Egypt, Turkey, Georgia, Pakistan, and Mali. 

Very good work, or shall one say, very slow work by ICE SVU, since her immigration fraud is almost 15 years old.  But the dog that isn't barking here is that Loretta Lynch decided not to prosecute a woman who aided in immigration fraud on behalf of those from terrorist countries.  It certainly is consistent with her support for the Obama Regime Administrative Amnesty, but it is also so openly contemptuous of U.S. immigration law.  Why is the Bronx District Attorney's Office prosecuting a serious immigration fraud case involving terrorism when that is something that a United States Attorney should be doing in any event, but especially when involving terrorism.  It does though tell us the contempt that Lynch has for immigration law, the Constitution, and the people of the United States.  Certainly part of the Obama Regime plan to elect a new people.

Saturday, April 4, 2015

War On White Speech

The ongoing war on white Christians by homosexuals is not the only assault on freedoms guaranteed by the First Amendment to the Constitution.  Apparently private communications unrelated to public employment are subject to investigation and punishment.  But were not talking about communists, Islamists, or other seditious or treasonous speech.

In both Ferguson, MO, and San Francisco, CA,  public employees, private communications are being searched without any legal basis and threats of legal action including discipline and termination are being invoked.

First, Ferguson.  The Department of Justice (DOJ) Civil Rights Division (CRD) conducted a parallel investigation of the Ferguson Police Department (FPD) while on their jihad against Darren Wilson, which flopped spectacularly.  Consequently, the CRD fell back upon a "pattern and practices" investigation of the FPD, and found nothing other than some statistics that showed the FPD stopped, searched, and arrested blacks at a rate commensurate with black crime in Ferguson, and elsewhere. The CRD also published some lurid tales from blacks claiming outrageous criminal abuse by specific officers, but took no action against those specific officers, which is telling; CRD makes wild accusations of specific criminal acts by individual police officer making false arrests, illegal searches, and illegal use-of-force, and does nothing.  Which really tells us that the alleged victims were as unreliable as the perjurers who gave statements to the Federal Bureau of Investigation (FBI).  For the uninitiated, that means that CRD had nothing and was deliberately using perjured testimony in the "pattern and practice" investigation, similar testimony that it rejected in the case against Wilson.

What it did find was that some police officers and other Ferguson municipal employees used their municipal email accounts to email personal communications.  Now, most public employers tell their employees that they may not use government resources for personal use.  However, many explicitly allow it for de minimus use, such as personal phone calls and emailing and even those prohibiting such de minimus use never enforce that policy, rendering it null and void, not legally enforceable. Furthermore, few public employers make any effort to take any action to monitor de minimus use for content.  Basically it's don't ask, don't tell, don't care.  Of course, unless the CRD rolls into town and decides to make an issue of the personal opinions legally expressed and protected by the Constitution. There is no hate speech exemption to the First Amendment.  While the emails were  mildly racist jokes that one municipal employee sent to police officers, Ferguson had a de facto if not de jure, policy of allowing private use of email. While generally, there is no privacy right in your work email, unless there is a policy of inspection and review of said emails, persons using work email can develop privacy rights in their work email, and work space as well. Quite often U.S. Attorney's Offices require a search warrant for the assigned office space to a Federal employee and demand evidence that Federal email is monitored and inspected before allowing Federal employee email to be used in a criminal prosecution, or just do not use said email for criminal prosecution to avoid claims of what is called in law Reasonable Expectation of Privacy (REP). Furthermore, since there was no evidence that any person was mistreated by the named emailers on the basis of race, as the emails are clearly contemptuous of blacks and Barack Hussein Obama, as well as Michelle Obama.  However, no person, much less the Obamas can claim any harm from these email actors.  [Ferguson Releases Racist Emails That Sent Employees Packing, by Jennifer Mann, St. Louis Post Dispatch, April 4, 2015]

That week, Ferguson police Capt. Rick Henke and Sgt. William Mudd resigned and Court Clerk Mary Ann Twitty was fired over the emails. They did not receive severance packages.
Until now, it was not known who sent which emails and whether there were recipients beyond those three individuals.

And it appears that of the three, there was only one who sent the majority of the emails:

Based on what the city released Friday, it appears most of the emails were sent from Twitty to the officers. Mudd did send one email to Twitty that made cracks about welfare recipients being unemployed, unable to speak English, lazy and having no “clue who their daddies are.”  

So, for two FPD officers, one email for Mudd was enough to force him to resign, and apparently no emails were sent by Henke, and despite there being no connection between the emails and their performance on the job.  Nor was there any evidence that the emails were sent by Twitty were connected to any work performance issues.  She sent a private message which no person complained about.  If she had said the jokes to a member of the public while on official business, one might have an issue, but that did not occur. 

So, for millions of dollars spent on this investigation, only seven private emails were discovered that in the end did not show any actual failure or misconduct on the job.  But it is not within the authority of the CRD to investigate the private opinions of Americans.  And these are the same people who tell us that communists and Islamists have the right to hold government jobs.  Clearly the CRD opinion of freedom of speech is not content neutral.  It has identified opinions, in fact just jokes, that are not approved, and sought to deprive persons of life, liberty, and property, and did so successfully.

Across the country, the same situation was occurring in San Francisco. The DOJ was conducting a criminal investigation into police corruption in the San Francisco Police Department (SFPD) and managed to convict two officers of several accused of robbing drug dealers

However, as part of the investigation, the FBI released to the SFPD personal texts unrelated to the investigation from the accused officers to other officers unrelated to the investigation.  [San Francisco Police Officers to Be Dismissed Over Racist Texts, by Timothy Williams, NYT April 23, 2015]

San Francisco’s police chief said Friday that he had moved to dismiss seven officers who sent or received text messages that spoke of lynching African-Americans and burning crosses.
Greg Suhr, the police chief, said Friday that the texts, sent by the officers in 2011 and 2012, "are of such despicable thinking that those responsible clearly fall below the minimum standards required to be a police officer.”
The messages — which included one that said, simply, “White Power,” as well as others with denigrating comments about homosexuals, Mexicans and Filipinos — were sent or received by as many as 14 officers in the department, the police said.
Officials have acknowledged that the texts have shaken confidence in the Police Department, which is responsible for public safety in a city that has long prided itself on inclusiveness and open-mindedness, has a large gay and lesbian population, and is among the most racially diverse cities in the country.

So, 2-3 year old texts unrelated to work are to be used as justification to fire white officers.  There is no evidence that they acted unlawfully either on the job or off.  More disturbingly is how the FBI came across the texts.  The FBI could have obtained the texts as part of the ongoing investigation with a Grand Jury subpoena or through a Title III intercept.  In either case, the FBI would have been prohibited from releasing the information to the SFPD as Grand Jury information cannot be released except during trial, and this information was not released during the above trial of the two officers. 

(A) Disclosure of a grand-jury matter—other than the grand jury's deliberations or any grand juror's vote—may be made to:
(i) an attorney for the government for use in performing that attorney's duty;
(ii) any government personnel—including those of a state, state subdivision, Indian tribe, or foreign government—that an attorney for the government considers necessary to assist in performing that attorney's duty to enforce federal criminal law

The FBI is also prohibited from monitoring or retaining any information during a Title III intercept that is not directly related to the criminal acts identified in the affidavit in support of that Title III intercept. Criminals know this, so always start out their voice communications with innocuous conversations, if they are smart, so the intercepting agency has to stop the intercept of that call.  The same with texts except that unless there is information in the text itself about the crime, in this case stealing from drug dealers, the unrelated texts must be deleted from the intercepting device.

In either event, the FBI acted illegally by providing the subject texts to the SFPD.  Remember, opinions on race, whether it's that the black wife of a house guest is a thief, or whatever, is irrelevant to a criminal investigation, is illegal to collect or hold, and of no concern to the FBI.  There is no racism exception to the First Amendment.

In the end, any illegal or unconstitutional act will be permitted to wage war on whites, whether they be police officers, clerks, or frat boys. And of course, no one is monitoring blacks, Asians, Hispanics, or homosexuals for hate speech or racism.  Only whites are the target, just as homosexual activists and cultural Marxists are ignoring Muslim bakers who refuse to make gay wedding cakes.  Only straight whites are acceptable targets for illegal investigation, defenestration, and dekulakization.

Wednesday, March 18, 2015

Alien Terrorism On America's Highways

Immigrants, legal or otherwise, are a danger to everyone, whether on the road or in one's own front yard.  They seem to have a special penchant for terror on the roads and it appears to be getting worse. March 17, 2015
Speeding Driver Arrested After Leading CHP Across 3 Counties Before Crashing In Los Altos Hills
LOS ALTOS HILLS (CBS SF) — A speeding driver who led California Highway Patrol officers from Solano County through three more Bay Area counties before crashing on the edge of Los Altos Hills this afternoon has been identified as 24-year-old Ramon Bernal, according to the CHP.
The chase started around 2 p.m. in Vacaville where a Solano area CHP officer saw a gold Nissan Pathfinder speeding on westbound Interstate Highway 80 near Interstate Highway 505, CHP officials said.
The officer tried to conduct a traffic enforcement stop on the Nissan driver, later identified as Bernal, but he didn’t yield, according to the CHP.

Drugs, another Mexican specialty, are suspected to be involved.

Watch the insanity:

Sunday, March 15, 2015

Illegal Voting By Aliens

But the Ohio Secretary of State and local officials vow not to prosecute the illegal voters.  Democrats, of course, attacked the findings, supporting illegal voting by their constituents. March 12, 2015 by Jackie Borchardt
Husted Finds 44 Non-U.S. Citizens Who Voted In Recent Elections
COLUMBUS, Ohio -- Secretary of State Jon Husted has referred 44 cases of non-U.S. citizens illegally voting in Ohio to the attorney general for further review but said Thursday his office might find more cases if the feds released additional data to the state.
Husted's office compared voting data to records from the Ohio Bureau of Motor Vehicles to identify people who self-reported to the BMV that they were non-citizens but were also registered to vote.
A 2013 review of this data found 291 non-citizens were registered to vote and 17 had actually cast ballots. A second review, released Thursday, found 145 non-citizens were registered to vote and 27 had cast ballots. Of those, seven people illegally cast ballots in Cuyahoga County and two people voted in Lake County at some point since 2000.  

Democrat elected officials immediately leapt to the defense of the illegal voters:

Democrats were quick to criticize Husted's findings. Rep. Kathleen Clyde, D-Kent, said Husted's time would be better spent investigating why more than 10,000 absentee ballots were rejected during the 2014 election.
"I would like to see the Secretary of State focus on the real problems in our elections instead of playing to his base with these distractions," Clyde said in a statement. "Ohioans deserve answers on why their votes are being thrown out."
Sen. Kenny Yuko, a Richmond Heights Democrat, said Husted should focus on encouraging voter participation, not removing voters from the rolls.
"Every vote and every voter matters," Yuko said in a statement. "As the chief elections official of the state, Secretary Husted should be focused on improving our compliance with motor voter laws, implementing online voter registration and using new data sharing capability to find eligible but unregistered voters."

Clearly, motor voter and the ongoing Obama Regime Administrative Amnesty are going to be used to flood the ballot box with Democrat illegal alien voters. Instead of sending out letters, the Secretary of State should be demanding criminal prosecution in each county where the fraud occurred. 

Fraud In The Broken Immigration System

Latest up on VDare:

Scamming for Citizenship—Investor, Crime Victim Visas Rife With Fraud
By Federale on March 14, 2015
American citizenship is supposed to be a precious gift that people are willing to die for, but our immigration system has turned it into a reward for fraud. And of the innumerable examples of immigration scams, two are particularly bad—the EB-5 visa for supposed investors and the “crime visas” that that allow anyone in the world who claims to be a victim of a crime to claim citizenship.

Contribute to VDare here.

Monday, March 9, 2015

Heroes Arise!

The nation is not lost.  There are patriots in the system.  Brave American officers in the immigration bureaucracy, a fifth column if you will, are acting in defiance of the Obama Regime and throwing a wrench in the works, and is the Treason Bar angry. by Matthew Kolken February 26, 2015
ICE No Longer Honoring New Prosecutorial Discretion Memo
Immigration lawyer Bryan Johnson has shared that a Deportation Officer at the Varick Street Detention Center in New York advised that Immigration and Customs Enforcement is no longer honoring the November 20, 2014 prosecutorial discretion memorandum due to Judge Hanen's injunction. The officer went so far to say that, and I quote, the memo has been "ripped off the wall." Newark Enforcement and Removal has confirmed this change in policy.
I have also been told that individuals that are considered a level 3 priority (the lowest priority) are being taken into custody for removal when they report for supervision. This includes parents of United States citizens that are DAPA eligible. Immigration lawyer Matthew Archambeault has indicated that this has been confirmed by ICE in Charlotte. There have been reports from immigration lawyers all over the country of their clients being taken into custody.
From the Carolinas Chapter of the American immigration Lawyers Association:
"ICE is now implementing it’s new policy of enforcement in accordance with the November Executive Action. But for those who have not yet received that desperate call from the client who has been taken into custody at his ICE check in, this is it: If the foreign national has a significant misdemeanor (most often arising in the form of a DUI/DWI) conviction or 3 misdemeanors or a final order after 1/1/14, he will be taken into custody when he checks in with ICE. If he is not checking in with ICE, he stands a chance of getting the knock on the door at 5:00 am. Individuals are being taken into custody even if they are currently in removal proceedings in Charlotte. They are being transferred to Stewart with no holds. ICE has been given the instructions NOT to take into consideration DACA or DAPA eligibility in such detention decisions."

Even better, frantic baby waving by the Treason Bar isn't working as well as it used to: by Michael Kolken February 27, 2015
DAPA Eligible Father of Four Scheduled For Deportation TODAY
Just this morning, I received an e-mail from an Attorney with a DAPA eligible, non-enforcement priority client scheduled to be deported today by St Louis ERO because he has an outstanding voluntary departure order from June of 2012. He has four USC kids under the age of five, including seven-month old twins. The attorney filed a stay of removal yesterday and got the NILC involved in helping her contact DHS Headquarters about this. 
When the attorney asked the client's ICE officer whether he knew my client was DAPA eligible and not an enforcement priority, he told her they're not following that right now. When she saw him in person as she filed the stay, she asked him if he heard about the President's town hall speech on Wed night, about how this scenario isn't & shouldn't be happening. 

Even better, the bureaucracy has had it with senior leadership and is letting the surly, pouting, enraged, Treason Bar know who is in charge now; patriotic Americans!

The ICE officer told her again that they aren't following that right now. She asked why they're not following it or who they are following, and he said "the federal judge." She said that even if DAPA is halted, the enforcement priorities memo is still in place, and her client is not an enforcement priority. He said they're following some other guidelines. When she pressed him on why he's not following the guidelines set out by his Department's secretary, he told her that he's not the one who will decide my stay & they will get back to her.

Basically, the patriots are blowing off the Treason Bar shysters, who at one time had only to threaten to go public to get deportations delayed or cancelled.  How the worm has turned.  Time for RINOs in Congress to support the patriots in the immigration bureaucracy.

Sunday, March 8, 2015

Must Pass Legislation

Once again there is must pass legislation in Congress.  This time it is a transportation bill, the darling eye of many legislators, government contractors, and blue collar white dominated unions.  The Republicans are looking to attach other legislation opposed by the Obama Regime in order to cram it down Obama's throat. Unfortunately, stopping the Obama Regime Administrative Amnesty is not part of the plan to over-ride an Obama veto.

Breitbart by William Bigalow March 4, 2015
Senate Fails To Override Obama Veto On Keystone XL
The GOP, desirous of overriding Barack Obama’s veto of legislation approving the Keystone XL oil sands pipeline, failed to do so on Wednesday, with the vote 62-37—five votes short of the two-thirds majority needed...
But the GOP has other plans to get the pipeline approved; Sen. John Hoeven (R-ND), who wrote the bill, said the GOP will probably attach the legislation to a long-term transportation funding bill that faces a May 31 deadline. That idea has Keystone backers confident of its passage; they believe that Barack Obama would not veto the six-year highway bill even if the pipeline is attached to it.
Manchin admitted, “This is coming back in the form an infrastructure bill, a road bill that we are all voting for.”

So, must pass legislation supported by corrupt Democrats.  Sounds like another opportunity to attack legislation to stop the Obama Regime Administrative Amnesty.  And this time it is not a spending bill, so no faux shutdown of the Department of Homeland Security to worry about.  

More importantly, this is not a spending rider that will prohibit the use of funds, but is actual legislation that will be permanent, not just for a fiscal year.  This gives patriots in Congress the opportunity to permanently end Administrative Amnesties, mandate enforcement, increase use of expedited removal, impose non-feasance standards on DHS employees, and build a fence, all as part of legislation that even liberals want as infrastructure spending is very popular in Congress.

Here are some suggestions for the legislation:

End the Obama Regime administrative amnesties, DACA and DAPA by prohibiting those programs by name, and prohibiting any similar program, including deferred action, parole-in-place, public interest parole, and delayed enforced departure.
End the abuse of parole by the Regime by prohibiting all parole of aliens other than for criminal prosecution or for testimony as witnesses in criminal proceedings.
Expand expedited removal to all aliens unlawfully present; e.g. any alien who entered the United States without inspection and admission or any alien, other than a legal permanent resident without a criminal conviction, who was inspected and admitted but violated the terms and conditions of admission or who overstayed the period of admission.
Extend mandatory deportation of any alien convicted of a felony in the United States or two or more misdemeanors, as well as any misdemeanor that is a crime involving moral turpitude or illegal drugs. For legal permanent residents and lawfully present non-immigrant aliens, criminal conviction triggers expedited removal. 
Prohibit the granting of employment authorization to any alien unlawfully present or not specifically authorized employment by an Act of Congress.
Limit Temporary Protected Status to 2 years in the United States. Said aliens may apply for asylum at the end of those two years.
Reform the Executive Office for Immigration Reform (EOIR) by restricting their authority to review only the cases of legal permanent residents, aliens admitted as asylees, and aliens admitted as refugees.  This would not include aliens applying for refugee, asylum, a non-immigrant visa, or legal permanent residency.
Re-create the Secure Communities program and authorize States and their political subdivisions to detain illegal aliens for 96 hours or three Federal business days, whichever is shorter, at the request of an immigration officer.  Agencies who refuse to honor a detainer from DHS will be ineligible for State Criminal Alien Assistance Program (SCAAP) funds and any DHS grant funds, or access to the National Crime Information Center (NCIC) and Interstate Information Index (III).
Re-authorize the 287g program and mandate DHS to accept all previously participating law enforcement agencies immediately as well as mandate accepting any new law enforcement agencies application within 180 days of application.  Authorize any State or political subdivision of a State, law enforcement agency to detain and investigate any alien for lawful presence.  Mandate real-time availability of an immigration officer to assist either in person or remotely.  Authorize the arrest and detention of said aliens until the alien can be interviewed by an immigration officer.
Require all employees, officers, or contractors who enforce immigration law or who adjudicate benefits, to adhere to non-feasance standards that prohibit said persons from ignoring an immigration law violation and requiring due diligence in response to any allegation, incident, complaint, or information regarding an immigration law violation. Prohibit any disciplinary action against an immigration officer who takes lawful action mandated by legislation. Mandatory termination of any officer, employee, or contractor in a supervisory, management, or executive authority who orders any other officer, employee, or contractor to commit non-feasance, with loss of any retirement benefits.
Prohibit asylum applications by any alien who enters the United States from safe third country. Identify Mexico, Canada, any nation a member of NATO, the European Union, and any nation with whom the United States has a defense treaty as a safe third country. All applications for asylum and refugee status are to be adjudicated by DHS and are unreviewable by the courts or the EOIR.
Mandate the use of any excess funds accumulated from immigration benefit applications be used to fund the construction of a border fence at least 25 feet high.  Impose a $100.00 addition to the fees for any immigration benefit application to fund the building of a border fence.  Prohibit the waiver of any fee for any immigration benefit.
Prohibit use of any funds received by an agency as fees, fines, seizures, or other manner unless those funds are appropriated by Congress.
Prohibit the entry of citizens or nationals, except as diplomats accredited to the United States or the United Nations, of any nation that refuses to assist with and accept the deportation of that country's citizens or nationals. Prohibit any officer of the United States from doing same, with any violation of this to be a mandatory termination offense.
Prohibit the submission or adjudication of applications for waivers of grounds of inadmissibility of any alien physically present in the United States.
Authorize any citizen of the United States to obtain a writ of mandamus to enforce any section of this act. 
Must pass legislation is an opportunity for immigration patriots, let's hold the RINO feet to the fire as well as those Democrats who want that transportation spending.