Sunday, June 30, 2013

Well, Federal Appeals Court Rules That The Executive Cannot Over-rule Federal Statutes

In an interesting case the 6th Circuit Appeals Court has ruled that a Federal agency, an Executive branch agency, cannot by administrative means, create an exemption for a statute.  The ruling is an obscure issue in firearms legislation, and, by the way, in direct conflict with the Second Amendment, but for our purposes it states that an agency in the Executive branch may not administratively create an exemption to a statute passed by Congress and codified into law.  In the issue at had the Bureau of Alcohol, Tobacco, Firearms, Explosives and Really Big Fires, created an exemption for the Fabrique Nationale semi-automatic version of their Fusil Automatique Leger, or Light Automatic Rifle.  The Bureau of Alcohol, Tobacco, Firearms, Explosives and Really Big Fires had first approved its sale in the United States, then reversed itself, claiming that it was a machine gun because it could be too easily converted to fully automatic fire.  For the record, the Constitution and the Second Amendment do not discriminate on the nature of firearms, all are protected.  But this does impact the Obama Regime Administrative Amnesty.

Firearms Coalition May 31, 2013 by Jeff Knox
ATF Exceptions Reversed?
(May 30, 2013) The Federal Appeals Court for the 6th Circuit has rejected the appeals of George Dodson and left standing his conviction and enhanced sentence for a variety of firearms violations under the National Firearms Act.  In doing so, the court has placed a number of firearm owners and their guns at serious risk by, in effect, nullifying policies of the BATF “grandfathering” certain firearms when it established that the design constituted a machinegun.  The court case dealt primarily with Drop-In Auto Sears (DIAS) for AR rifles, but the conclusions are much more far-reaching...
The court raised “public safety” concerns and stated; “Automatic weapons are just as dangerous whether they were manufactured in 1981 or 2011,” then concluded, speaking of the 1986 ban, that, “The ATF does not have the ability to redefine or create exceptions to Congressional statutes, and surely cannot do so before those statutes were passed.

Quite clearly the 6th Circuit stated that John Morton...ehr... the Bureau of Alcohol, Tobacco, Firearms, Explosives, and Really Big Fires, does not have the authority to overturn an Act of Congress.  More evidence that the Regime's lawlessness is just that.  Time for John Boehner to move to impeachment.

Never A Chechen Around When You Need One

Saturday, June 29, 2013

USCIS Not Concerned About Immigration Fraud

U.S. Citizenship and Immigration Services (USCIS), note the Services, not Service.  This is significant in their attitude to what they call their clientele, which they do not describe as the American people.  They definitely have a service mentality.  Illegal aliens and fraud perpetrators are one of their clients and they treat them as such.  In fact, they should have a law enforcement attitude because immigration fraud is widespread and growing.

Fierce Homeland Security June 24, 2013 by by Zach Rausnitz 
USCIS Not Keeping Track Of Immigration Fraud, OIG Says 
The fraud detection unit at U.S. Citizenship and Immigration Services did not record nearly half of its findings of immigration fraud in a law enforcement database, the Homeland Security Department office of inspector general says. 
The OIG looked at findings of fraud in I-130 and I-485 forms, which allow spouses and immediate relatives of immigrants to apply for residency, from 2008 to 2011. USCIS only recorded about 48 percent of its 1,144 findings of fraud associated with those forms into the TECS database, says the report (.pdf), dated June 12. 
Fraud detection personnel are required under USCIS procedures to record cases of immigration fraud into the TECS database. Failure to follow USCIS procedures for recording instances of fraud in the database "may have increased the risk that aliens committing fraud were granted immigration benefits or given additional opportunities to apply for benefits," the report says.

What this tells us is that USCIS is not concerned about fraud in the immigration benefits programs it administers.  The system is wide open for abuse.  Add this to the "Get To Yes" attitude to applications, the policy by which USCIS management demands that employees approve rather than deny benefits and the result is a immigration system with no integrity and open for abuse.

Again, Another Reason There Are 20 Million Illegal Aliens In The United States

U.S. Immigration and Customs Enforcement Special Victims Unit (ICE SVU) continues to branch out.  It continues to be an ersatz art-theft cum historical documents squad, or in this case, the not quite art theft squad, similar to it foray into bunko work.

WaPo June 24, 2013 by AP 
US Seizes 1909 Picasso Painting ‘Fruit Bowl And Cup’ For Italy; Artwork Worth About $11.5M 
NEW YORK — A 1909 Pablo Picasso painting titled “Compotier et tasse,” or “Fruit bowl and cup,” with an estimated worth of $11.5 million will be held by U.S. authorities for the Italian government pending the outcome of criminal proceedings against its owner in Italy, according to the terms of a judge’s order signed Monday. 
Justice Department authorities assumed control of the painting after U.S. District Judge Victor Marrero signed the order following a formal request by the government of Italy.
U.S. Immigration and Customs Enforcement in Washington said in a news release that Italian authorities requested the seizure after the painting’s owner was charged with embezzlement and fraudulent bankruptcy offenses in Italy. The charges allege that the painting’s owner caused the city of Naples to lose $44 million through a variety of schemes that avoided taxes, including fraudulent service contracts, forged accounting records and inflated operational expenses. 
Homeland Security agents seized the painting May 21, when it was being offered for private sale for $11.5 million.

And apparently the outgoing and unlamented John Morton, well know enemy of the Constitution, approves this quite unusual seizure for ICE SVU, as it is unrelated to the customs or immigration function of Immigration and Customs Enforcement.

“We are very pleased that our investigation has led to the recovery of this painting that is so significant to the Italian people,” ICE Director John Morton said.

Also problematic is that there is no evidence that the art work is of any legal interest to the United States or our laws.  The piece was purchased legally.  In the United States, the statuary authority for asset forfeiture, that is restricted to those assets seized after an indictment or information has been filed in U.S. District Court in certain felony cases.  There is also an administrative asset seizure authority for smuggling aliens and other illegal goods, like drugs and counterfeit products.  However, in this case there is no criminal case, just an allegation from a foreign government.  It informs one that ICE SVU is so desperate to avoid its real mission of immigration and customs law enforcement that it will venture out into unknown legal territory, territory that should be the jurisdiction of the FBI.  Which does inform one that ICE SVU does want to surplant the FBI, something this blog has been observing for sometime.

Tuesday, June 25, 2013

Someone Call ICE

Melissa Harris-Perry (what is with hyphenated last names with black women?) just announced that she lost her citizenship today.  So, can we get U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations to get her on the next plane out?  Call ICE ERO now!  (866) 347-2423

No More Lawyers

Barack Hussein Obama has nominated James Comey to be the new Director of the Federal Bureau of Investigation.  In typical fashion he is a lawyer with no law enforcement experience nominated to head the nation's premier and most important law enforcement agency.  

CNN by Joe Johns May 30, 2013
Officials: Obama To Tap Ex-Bush Official As Next FBI Chief
(CNN) -- President Barack Obama plans to nominate James Comey to replace Robert Mueller as FBI director, officials familiar with the nomination process said Wednesday.
Comey is a former prosecutor who worked in New York and Virginia, where his caseload included terrorism, organized crime and fraud prosecutions, the latter including executives from WorldCom, Adelphia and Imclone, an official biography notes.
He served as a deputy attorney general in President George W. Bush's administration beginning in 2003.

It is not important that he was a Republican, or even that he was nominated by Obama.  That alone is enough to oppose him, but a more important reason to oppose him is that he is first and foremost an attorney.

Like the execrable recently resigned John Morton, soon to be former head of U.S. Immigration and Customs Enforcement (ICE), and ICE's previous head, Julie Meyers, both attorneys, their performance in office was horrible.  They were nominated not to execute their duties, but to impose a political will on their agencies.  Meyers and Morton imposed an administrative amnesty benefiting illegal aliens, with Morton waging war on the Constitution itself.  Another attorney failure was Alan Bersin, former head of Customs and Border Protection.  And the chief lawyer fail is of course Janet Reno Napolitano. What unifies them in their hostility to the Constitution and the enforcement of the laws of this country is that they are attorneys.  Trained liars waging war on the law and Constitution.  

Comey is just another of them.  He will continue the politicization of the FBI. What the FBI needs is a long serving agent also with extensive experience outside the FBI.  The Senate should defeat this continuation of the dictatorship of the lawyers.  And if he is not, the House should cut the FBI budget in protest of this reign of lawyers. Important agencies should be run by those with experience in the particular field of the agency.  Not some political hack.

Proof Positive That George Zimmerman Was Arrested Based On Politics

The WaPo has inadvertently exposed the George Zimmerman persecution for what it is, a racist politically motivated show trial.  In a long and typical article blaming Trayvon Martin's deranged and criminal behavior on racism 50 years ago, the WaPo admitted that black people have a behavior problem and at the center is black-on-black crime.

WaPo June 23, 1013 by Dan Zak
On Eve Of Trayvon Martin Shooting Trial, Present Of Sanford, Fla., Is Shadowed By Past
A purple banner is strung between two trees in Judith Brown’s front yard in Goldsboro.
Its first line of text is “Justice for.”
A passing driver might assume its second line is “Trayvon.”
It’s not. It’s “Brian Jamal Robinson.”
Brown’s 24-year-old son went missing the afternoon of Nov. 3, 2011. That night his body was found in a wooded area in the next county over. Eighteen months later, his death ruled a homicide, no arrests have been made. Brown can’t help but weigh the attention drawn by Trayvon’s killing with the inattention given to her son’s, despite the difference in circumstances. Her son had a criminal record, with charges including burglary and battery, though he’d never been given jail time. A new father who was also caring for his ailing grandparents, he was getting his life together, says Brown. Then, as she understands it, he was abducted and killed by other young men who suspected him of stealing their drugs. Now his name is one of the nine on Goldsboro’s Trayvon memorial.

Left unmentioned of course is the actual similarity of Trayvon Martin and Brian Jamal Robinson.  Trayvon was on a long downward spiral of crime, drugs, and street fighting.  Very similar to Robinson's criminal record of burglary and battery.  The real blame lies with both their parents who refused to intervene and beat some sense into their wayward children.  It appears that the WaPo did not realize that they let the cat out of the bag regarding black crime.  It is good to see that the mainstream media is providing source material for patriotic bloggers.

Given that the black community itself did not consider the murder of Robinson by other blacks to be a concern, then why are they upset that Trayvon was shot by a white Hispanic?  Do blacks not care about black-on-black murders?  It is clear they don't, so the only motivation for the prosecution of Zimmerman is based on Zimmerman's race and the politics of the race-baiters in the black community.

More Evidence That Marco Rubio Lied

More evidence has appeared about Marco AINO's lie that fees paid by amnesty applicants will fund border security.  The inestimable Judicial Watch has exposed the lie that the Obama Regime's Administrative Amnesty for childhood arrivals would be self-funding.  Judicial Watch also exposed the lie by the Regime that it would conducting a background investigation of its amnesty beneficiaries.  A lie that Marco AINO has also put forward as part of the amnesty bill

Judicial Watch June 17, 2013
DACA Investigation
Recent documents obtained by Judicial Watch, Inc., pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, show that U.S. Citizenship & Immigration Services (USCIS) went on a spending binge and created abandoned ordinary background check procedures in order to keep up with the flood of amnesty applications spurred by President Obama’s extralegislative DREAM Act.  

Given that DACA has only produced 539,128 applications to date and that number of applications has overwhelmed USCIS, what will 11-20 million illegal aliens do to USCIS.  It is clear that number of applicants is too many for any bureaucracy to manage, much less perform even a minimal background investigation consisting of a fingerprint check and a name check, two minimal steps that have been abandoned for the half million DACA applicants.

But on to Marco AINO's Big Lie, or one of his Big Lies.  That amnesty fees will fund border security improvements.

In a July 25, 2012 email to New York Field Office Director Timothy Houghton and Senior Immigration Officers Brenda Cinotti and Penny Metaxas, Northeast Region Associate Counsel James D. Paoli said: “Fee is 465, no waivers!”  Yet, a manual published on August 30, 2012 by the Service Center Operations Directorate devoted five pages to explaining the process for salvaging applications submitted with worthless checks and another page on how to establish sufficient economic necessity so that the fee might be waived altogether.  The waiver page concludes by saying:
There is a general presumption that DACA requestors . . . are not generally anticipated to have independent means. Absent evidence of sufficient independent financial resources, the Form I-765WS is sufficient to establish economic need, without any further economic analysis.

The documents obtained by Judicial Watch prove conclusively that the fees for amnesty will not be able to cover the costs of the amnesty, just as the fees for the DACA amnesty, initially presented to the public as being covered by the fees, did not cover the costs of its own administration.  There will be no monies from the amnesty to cover any border security.

It is abundantly clear that all the claims for enforcement, security, or integrity in the amnesty bill lies.  The only question is whether the Republican House will stick to their guns on the appropriations process to stop these abuses.

Monday, June 17, 2013

Yet Again, Why There Are 20 Million Illegal Aliens In the United States

There are more than 20 million illegal aliens in the United States.  One of the reasons why is this.  U.S. Immigration and Customs Enforcement, Special Victims Unit (ICE SVU), formerly know as Homeland Security Investigations, is now spending its resources searching for long lost Nazi documents.  In news today, ICE SVU has apparently been spending time searching for Alfred Rosenberg's stolen diaries.

MailOnline June 9, 2013
Missing Diary Of Hitler Confidant Which 'Sheds New Light On The Third Reich' Is Discovered In New York 70 Years After Disappearing At The Nuremberg Trials
A long-lost diary belonging to a confidant of Adolf Hitler has been recovered, it was revealed today.
The 400 pages belonged to Alfred Rosenberg, a high-ranking Nazi who played a central role in the extermination of millions of Jews and others during World War Two...
The recovery is expected to be announced this week at a news conference in Delaware held jointly by officials from the U.S. Immigration and Customs Enforcement, Department of Justice and Holocaust museum...
A Nuremberg prosecutor, Robert Kempner, was long suspected by U.S. officials of smuggling the diary back to the United States...
When Kempner died in 1993 at age 93, legal disputes about his papers raged for nearly a decade between his children, his former secretary, a local debris removal contractor and the Holocaust museum.

All very interesting, and the diary will be of historic import.  But if the documents were smuggled into the United States back in the late 1940s, why is the Federal government involved.

The children agreed to give their father's papers to the Holocaust museum, but when officials arrived to retrieve them from his home in 1999, they discovered that many thousands of pages were missing.
After the 1999 incident, the FBI opened a criminal investigation into the missing documents. No charges were filed in the case.

Interestingly, what crime was the FBI investigating?  The statute of limitations has long since run on any possible crime.  Like any evidence seized by the government, the ownership remains with the Rosenberg heirs in any event, not the U.S. Holocaust Museum, at the end of the trial.

Early this year, the Holocaust museum and an agent from Homeland Security Investigation tried to locate the missing diary pages. They tracked the diary to Richardson, who was living near Buffalo.

And why, since the FBI quite wisely decided that it had no case to make since the government was not taking possession of the documents, was ICE SVU involved?

It would have been a better use of Department of Homeland Security resources to assign that agent to arresting illegal aliens than to track down documents more relevant to a historian and archivist than to any interest by the so-called Immigration and Customs Enforcement agency.

Furthermore, the Jewish World Review claims that the ICE SVU agents had a warrant of some sort.

Jewish World Review June 17, 2013 by John P. Martin
Hitler Insider's Missing Diary Found
Henry Mayer, a senior adviser on archives at the museum, said a breakthrough came when a German reporter told him that Kempner's one-time secretary, Margot Lipton, had given the diary to a friend "for safekeeping" before her death.
On April 5, agents bearing a warrant found it at that friend's house in Amherst.
Morton, who announced the discovery with U.S. Attorney Charles Oberly III, declined to name the man or say if anyone faced criminal charges. He said the man voluntarily turned over the document.
Officials displayed a half-dozen or so yellowed pages from the diary at the news conference in the Wilmington office of Homeland Security Investigations, the lead agency in the seizure. The materials eventually will be given to Holocaust Memorial Museum in Washington.
Morton and Mayer credited a list of law enforcement agencies and agents for staying on the case over the years, including police in Lansdowne and New York, HSI and the Wilmington-based prosecutor, Assistant U.S. Attorney David Hall.

I can't imagine a Federal Magistrate or District Court Judge would issue a search warrant for an item stolen from the possession of the U.S. government in 1948.  Especially since there is no apparent criminal prosecution.  Much less that the diary was immediately turned over to a private party, the U.S. Holocaust Museum.  Clearly there was no intention of any criminal prosecution, which, by the way, makes the affidavit of the ICE SVU agent in support of the search warrant, false.  The same crime that Eric Holder committed when he claimed that James Rosen was a suspect who might flee, then claimed he never considered prosecuting journalists for such crimes.

But in any event, this is just more evidence that the Federal agency assigned to enforce immigration and customs laws is involved in issues far removed from its charge.

Friday, June 14, 2013

More Lies From Marco Rubio

Marco RINO has another Big Lie in defense of his amnesty legislation.  Now the party line is that we need amnesty because the $2,000.00 that the illegal aliens will pay to legalize will be paying for a border fence.

The Examiner June 14, 2013 by Bryon York
Marco Rubio: We Need To Legalize Immigrants So They Can Pay For Border Security
Why is it necessary to legalize the roughly 11 million currently-illegal immigrants in the U.S. before newly enhanced border security and internal enforcement measures are in place? Sen. Marco Rubio, the leading Republican on the Senate’s Gang of Eight, says part of the reason is that the federal government can’t afford to secure the border on its own and needs financial help from the immigrants themselves, in the form of fines paid when they are legalized.

But, as the Center For Immigration Studies has shown, most illegal aliens will not pay the fine and the illegal aliens only pay $500.00 up front, which will not even pay for the amnesty program itself, and nor will the alleged total fine of $2,000.00 pay the cost of the amnesty program.

CIS May 15, 2013 by John Feere
Five Myths about Amnesty for Illegal Immigrants in Senate Bill
The bill calls for immigrants to pay both a fee and a fine. In a recent speech Mr. Obama used the word “penalty” to describe the fine illegal immigrants must pay. Fees, on the other hand, are meant to help cover the cost of administering an amnesty.
As to the fees, the bill does not outline what the fees would be – and there are waivers. The bill simply notes that illegal immigrants aged 16 and older who want legal status will have to pay a fee “in an amount determined by [DHS Secretary Janet Napolitano].” While it is unclear how much the fee would be, the bill says it should be enough to cover processing the applications. But in the next section, the bill gives Ms. Napolitano the power to limit the fee and to exempt “classes of individuals” altogether. With such broad authority granted by Congress, it is unclear whether this fee will even apply to most amnesty applicants.
US Citizenship and Immigration Services already offers waivers for those who cannot afford certain fees. In fact, the Obama administration created a form for such waivers in 2010, and similar waivers may apply to any future amnesty.
To obtain a fee waiver for some existing immigration benefits, applicants simply must show that they are currently using a welfare program. Our estimates, which are based on Census data, show that 71 percent of illegal immigrant households with children make use of one form of welfare.
As for the fine – or "penalty" – the current version of the Senate immigration bill requires illegal immigrants to pay $500 for the initial probationary legal status and another fine of $500 six years later. If a person wants to switch from this provisional legal status to green card status (and eventual US citizenship), he or she will have to pay a $1,000 fine many years down the road. But there are many exceptions.
For example, a person of any age who claims to have entered the US before age 16 and has a high school degree or GED does not have to pay. Finally, people under 21 years of age are also exempted. Furthermore, it is likely that some non-profits will assist applicants in paying the fines – some of which will be using taxpayer-provided funds to do so. The bill actually grants such groups $150 million to help illegal immigrants apply for the amnesty. In reality, the fine may not be much of a punishment at all.

In fact, the amnesty legislation prohibits a border crossing fee to pay for the inspection program at current Ports-of-Entry that admit millions of people.  Given that Congress does not want any group of aliens to pay for the benefits they receive, just how is the group benefiting from amnesty, illegal aliens, going to pay for border security when then will neither pay the fee in the legislation, as the legislation allows most of the illegal aliens to avoid paying the fees?  

It is just another lie from Marco RINO.  The illegal aliens will not even pay enough fees to pay for the amnesty.  And they will certainly not be paying for any border security programs.

Sunday, June 9, 2013

Separation Of Church And State

Only for Christians.  For homophobic (not that there is anything wrong with that), patriarchal, Muslim terrorists, there is no separation of mosque and State.  The City and County of San Francisco will build a house of worship for your exclusive use.  Of course the homosexuals and feminists are as silent as the grave.

SFGate June 9, 2013 by Matier and Ross
Airport’s Garage Now Muslim House Of Worship
Here’s a sign of the changing times — Muslim cabbies now have their very own place at San Francisco International Airport to wash their hands and feet before they pray.
Under Islamic law, Muslims are required to pray five times a day — a ritual that also calls for a ceremonial cleansing.

And the City and County of San Francisco just gives the finger to the Constitution.

So Royal Cab driver Hasan Khan, 52, a Pakistani immigrant, collected some 300 signatures from fellow cabbies, urging the airport to give them their own cleansing station.
Airport brass obliged — and the wash equipment was installed on the ground floor of the main garage, right next to where the drivers congregate for their breaks.
“The way we look at it…this was in the interest of maintaining a good relationship with ground transportation providers,’’ says airport spokesman Doug Yakel.
As for using public resources?
Yakel says the costs were nominal, with the work done by in-house plumbers.

And the Muslim immigrants just declare themselves in charge of the country, the Constitution be damned.

As for Khan, he recognizes not everyone might appreciate the religious accommodation. But then he points out that Christians generally pray at church on Sundays — while for him and his fellow working Muslims, the ritual is woven into their daily routine.
And from the looks of things, they’re grateful.
“We are very happy,’’ said Ahmed Algazali, 49, a fellow driver from Yemen as he prepared to join Khan for a late-afternoon garage prayer.

Note that Pakistan and Yemen are significant sources of Muslim terrorists.  Osama Bin Ladin was of Yemeni descent and Pakistan provides terrorists for attacks such as those in Afghanistan, the Tube bombings in the UK, the Times Square Bomber and the attacks on Bombay, to name just a few.  Not only is terrorism driven by immigration, but so is then end of Constitutional governance.  Immigrants are enemies of the Constitution.  And the local ACLU office is silent.

Wednesday, June 5, 2013

This Is What Amnesty Brings Us

A family of Mexican criminals.  The famous Mexican scammer, the Wendy's Chili Lady, Anna Ayala, is going back to prison.  

SFGate June 5, 2013 by Henry Lee
Chili Finger Scammer Headed Back To Prison
A woman who made international headlines when she lied about finding a severed finger in a bowl of chili at a Wendy's restaurant in San Jose is expected to return to prison for concocting another tale - that someone had shot her son, a prosecutor said Wednesday. 

Ayala is clearly an immigrant, as her son does not have an American first name and does not share her last name, in the Mexican fashion

Anna Ayala, 47, and her son, Guadalupe Reyes, 26, who live separately in San Jose, allegedly hatched a plan last year to blame an innocent man for shooting Reyes in his left ankle, when in fact Reyes had accidentally shot himself.

Of course, Reyes is a long time criminal as well.  And apparently not to bright.

Reyes lied because he is a convicted burglar who is not supposed to have a gun, investigators said, and Ayala backed him up.
This week, Ayala pleaded no contest to being an accessory, falsely reporting a crime and being a felon with a gun. Her son pleaded no contest to two weapons-related charges and to falsely reporting a crime.

This is what Marco RINO wants to amnesty.  Do we really need more of these people?