Sunday, November 23, 2014

Obama In Prison Or The Scaffold, More Likely Than You Think

It may be, in fact, it is more than a fantasy.  The blogger Ex-Army had a fictional NYT front page about the arrest of Barack Hussein Obama and the rest of the villains in the White House.  To most it was like the Photoshop that the left touted concerning frog marching Karl Rove to prison.

While Rove has been a pernicious influence on the Republic, there is no basis for an arrest other than the Stalinist tendencies of radical left.

However, Congressman Mo Brooks is on to something when he mentioned that beside impeachment, Obama is also facing more serious problems once he leaves office, and he can't pardon himself.

Slate November 19, 2014 by Betsy Woodruff
Congressman: Obama’s Immigration Move Could Prompt Impeachment, Prison Time
Conservatives hate everything about the president’s imminent immigration move, starting with its timing, and one House member is hinting that the executive action could result in impeachment, and maybe even prison time.
President Obama is expected to announce his executive action on immigration—a move which could defer deportations for as many as 5 million undocumented immigrants—on Thursday.
Alabama Rep. Mo Brooks, one of the lower chamber’s most energetic critics of comprehensive immigration reform, suggested that the president’s move could potentially be grounds for impeachment, or even prison time.
Brooks said there is a federal statute (“I don’t have the citation for it at the tip of my tongue”) making it a felony to aid, abet, or entice a foreigner to illegally enter the U.S.
“At some point, you have to evaluate whether the president’s conduct aids or abets, encourages, or entices foreigners to unlawfully cross into the United States of America,” he continued. “That has a five-year in-jail penalty associated with it.”

And the Congressman is correct.  Slate implied that the statute did not exist because Representative Brooks could not cite chapter and verse.  That is one of the perils of commenting on immigration issues, but your humble blogger comes to the patriotic Congressman's assistance.

The statute is Title 8 United States Code (USC) Section 1324, Bringing In and Harboring Certain Aliens.  The relevant subsections are (iii), (iv), and (v).

(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
     (I) engages in any conspiracy to commit any of the preceding acts, or
     (II) aids or abets the commission of any of the preceding acts,

But the Congressman is light on the punishment; the maximum time in the federal pen is 5 years for the violation if there is no financial gain,

shall be punished as provided in subparagraph (B)...
(ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;

But, if the violation results in serious bodily injury or the death of a person the penalty is 20 years or death respectively.

(iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18) to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both; and
(iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both.

So Obama is playing with fire.  And, for the record, so are his minions, including Jeh Johnson, and any subordinate who aids, abets, or assists in the Obama Regime Administrative Amnesty.  And it is inevitable that many Americans will die at the hands of the beneficiaries of the Administrative Amnesty, as many have died to date at the hands of DACA recipients and others, as this blogger has reported in VDare. (The DREAMer Who Killed Two American Children, And The Complicit Bureaucrats Who Should Be Impeached, August 26, 2014)

So, Congressman Brooks and Senator Ted Cruz should make it abundantly clear to Obama, but more importantly to the bureaucracy that personal criminal liability attaches to participating in the Administrative Amnesty.  Fortunately, a Federal Court has already ruled that the DACA policy and the non-enforcement amnesty are illegal, but that the U.S. Immigration and Customs Enforcement (ICE) who filed suit did not have standing because they had suffered no harm, e.g. those employees who refused to participate suffered no sanction from the agency.  Once one DHS employee is disciplined for not violating the law as instructed by Obama or any manager or supervisor, he will have standing, and precedent decision on his side. A united front by the relevant unions, National Citizenship and Immigration Services Council, American Federation of Government Employees (AFGE), which represents U.S. Citizenship and Immigration Services (USCIS) employees and the National ICE Council, AFGE, which represents ICE Enforcement and Removal Operations (ERO) employees, could sabotage the Obama Regime Administrative Amnesty by legal non-feasance, or just plain following the law and the Constitution.

This is the basis of which the bureaucracy can thwart the amnesty and put some fear into the hearts of Obama, Johnson, and other political appointees.  Time for Brooks and Cruz to make it a public issue.

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