Saturday, November 21, 2015

The Real Problem With The Border Patrol: #CrimingWhileHispanic

There is a problem with the Border Patrol and other components of the Department of Homeland Security on the border with Mexico.  It is not, however, a problem with too many shootings or abuse of illegal aliens.  The problem is, as this writer routinely reports, a BRB, Brown Run Border. Corruption within the Department of Homeland Security (DHS) is real, and growing, but it is a problem of a particular group of employees that Border Patrol hires, Hispanics.

Cultural Marxists claim that the problem on the border is racial profiling and trigger happy Border Patrol Agents, where the reality is that racial profiling is legal and it's the Border Patrol that is under attack.  The Obama Regime responds by indicting innocent Border Patrol Agents, while the real problem is corrupt Hispanic Border Patrol Agents and Customs and Border Protection Officers.

And while the myth of Border Patrol brutality is in the press, the reality of Hispanic criminality in the Border Patrol is downplayed or ignored.  While the race of white police officers who use force on black suspects is always the lead in the news, it is never the lead in these following stories about Hispanic corruption and misconduct in DHS.


LAT November 9, 2015 by Molly Hennessy-Fiske
Did A Border Patrol Agent Aid A Mexican Cartel Decapitation?
A Border Patrol agent in south Texas faces murder charges in connection with what authorities say was a Mexican cartel killing that left a decapitated body floating off the coast of South Padre Island this year.
Border Patrol Agent Joel Luna, 30, was assigned to the Hebbronville station, about 165 miles northwest of the island, and had worked for the agency six years. He was placed on administrative leave after his arrest last week, officials said.
Luna is charged with capital murder, possession of a controlled substance, engaging in organized criminal activity and tampering with evidence in the death of Jose Francisco Rodriguez Palacios Paz, 33, a Honduran immigrant.

Then, not surprising given Mexican age of consent laws:

Houston Chronicle November 4, 2015
Ex-Border Patrol Agent In Texas Gets 6 Years For Sex Assault
EL PASO, Texas (AP) — A former U.S. Border Patrol agent in West Texas has been sentenced to six years in prison for having sex with a 15-year-old girl.
The El Paso Times  reports 29-year-old Luis Angel Lozada pleaded guilty to three counts of sexual assault and three counts of sexual performance of a child.
Court records indicate Lozada was sentenced last week to six years in state prison on each count, with the terms running currently.
Prosecutors say Lozada had a sexual relationship with the teenager for more than a year before his arrest last March by El Paso police. Lozada was placed on administrative leave following his arrest.


Houston Chronicle November 4, 2015
Ex-US Customs Officer Pleads Guilty In Arizona Drug Case
TUCSON, Ariz. (AP) — A former U.S. Customs and Border Protection officer has pleaded guilty to conspiring to smuggle marijuana into Arizona and accepting bribes to let drug loads through the Douglas port of entry.
Federal prosecutors say 37-year-old Johnny G. Acosta pleaded guilty Tuesday in U.S. District Court in Tucson to conspiracy to import more than 2,200 pounds of marijuana between September 2010 and September 2013.
They say Acosta also pleaded guilty to accepting thousands of dollars in bribes to allow drug-loaded vans from Mexico to cross the Douglas port without inspection.
Prosecutors say Acosta faces at least seven years in prison when he's sentenced Jan. 12.

There is a problem on the border, but its not that too many illegals are arrested and its not shootings by Border Patrol Agents; the problem is Hispanic crime within the Border Patrol and DHS.  But the left which prominently mentions race when white law enforcement officers are involved in allegations of misconduct, never mentions the race most often involved in what few corruption and abuse cases occur, Hispanics.

Saturday, November 14, 2015

Time To Strike While The Iron Is Hot

The recent United States Court of Appeals For the 5th Circuit decision on State challenges to the Deferred Action for Parents of Americans (DAPA) amnesty for illegal aliens was even broader and more detailed than the original decision by the United States District Court for the Southern District of Texas.  As reported by James Kirkpatrick and Brenda Walker at VDare, the decision strikes at the heart of the ongoing Obama Regime Administrative Amnesty and, in particular, the Deferred Action for Childhood Arrivals (DACA) amnesty.

From the decision:

DAPA would make 4.3 million otherwise removable aliens eligible for lawful presence, employment authorization, and associated benefits, and “we must be guided to a degree by common sense as to the manner in which Congress is likely to delegate a policy decision of such economic and political
magnitude to an administrative agency.”  DAPA undoubtedly implicates “question[s] of deep ‘economic and political significance’ that [are] central to this statutory scheme; had Congress wished to assign that decision to an agency, it surely would have done so expressly.” But assuming arguendo that Chevron applies and that Congress has not directly addressed the precise question at hand, we would still strike down DAPA as an unreasonable interpretation that is “manifestly contrary” to the INA [Immigration and Nationality Act, Ed.]...
The interpretation of those provisions that the Secretary advances would allow him to grant lawful presence and work authorization to any illegal alien in the United States—an untenable position in light of the INA’s intricate system of immigration classifications and employment eligibility. Even with “special deference” to the Secretary, the INA flatly does not permit the reclassification of millions of illegal aliens as lawfully present and thereby make them newly eligible for a host of federal and state benefits, including work authorization.

So, the Obama Regime has not only lost on the administrative implementation of DAPA, but also on the underlying legality.  And therein lies an opening, an opening that this writer predicted would appear when reviewing the original decision by the District Court, the same legal reasoning applies to DACA; the States have standing to challenge and have DACA overturned as well.  Furthermore, 

Hopefully Chris Crane, head of the National ICE Council (NICEC), and Kris Kobach, Kansas Secretary of State, will take up the mantle and challenge DACA in the 5th Circuit.  And the likelihood of overturning DACA is very real, as the Regime realized back in 2013, when it tried to negotiate the issue with Crane and the NICEC

The Court of Appeals plainly stated that it recognized that DHS was engaged in its own jihad against employees who refused to participate in the illegality, clearly hinting that the implicit illegality of DACA would provide standing to any DHS employee disciplined for refusing to illegally provide benefits to illegal aliens:

In denying the government’s motion for a stay of the injunction, the district court further noted that the President had made public statements suggesting that in reviewing applications pursuant to DAPA, DHS officials who “don’t follow the policy” will face “consequences,” and “they’ve got a problem.”

The clear cut decision by the 5th Circuit shows that the Regime doesn't have a legal basis for its amnesty and it's time for Crane and Kobach to strike back with a lawsuit on behalf of DHS employees who refuse to implement DACA and DAPA and thereby are upholding their Oath of Office to see that the Constitution and the laws of the United States are faithfully executed. 

Sunday, November 8, 2015

Suddenly Race Isn't A Social Construct

It's a scientific reality and you can tell someone's race just by looking at them. Apparently race is not a social construct.  Cultural Marxists are up in arms that Texas Department of Public Safety Troopers aren't good at determining the race of criminals.  Despite George Zimmerman, there are no white Hispanics!

KXAN November 6, 2015 By Brian Collister and Joe Ellis
Texas Troopers Ticketing Hispanic Drivers As White
DPS troopers are inaccurately recording the race of large numbers of minority drivers, mostly Hispanic, as white, according to a KXAN investigation. The agency's traffic stop data reveals racial profiling reports are likely flawed, according to experts.
Sergio Raul Mejia got a traffic citation for having his license plate on the dash of his truck in Georgetown last May. The Texas Department of Public Safety trooper who pulled Mejia over put his race as white on the ticket.
"That's bad," said Mejia. "I'm Hispanic. He was not supposed to put white people," Mejia continued, speaking in broken English. "You don't think you look white?" asked KXAN Investigator Brian Collister. "No, Hispanic," replied Mejia.

A Texas law aimed at preventing racial profiling requires peace officers determine and document the race of every driver to whom they issue a written warning, traffic citation or arrest during a traffic stop. The statute says officers must report: “the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability.” White and Hispanic are just two categories listed in the law, which treats race and ethnicity the same for purposes of gathering the statistics.

Of course, Hispanic has no legal or scientific meaning, other than linguistically.  A Spanish language surname has no relation to race, just ask Francisco Franco or Augusto Pinochet.  However, race is real, but in a world where Shaun King and Rachel Dolezal can call themselves black, how is one to fault these troopers?  The Cultural Marxists can't have it both ways. They either have to accept that race is real or claim it is a social construct.  They can't have it both ways.

It's Not The Law, But Politics Involved In Indictments Of Federal Agents

The Cultural Marxist, dare I say communist, media is again complaining about law enforcement officers and the use of deadly force.  The twist this time is the issue of State officers acting as Federal agents, their use of deadly force, and the shootings they are involved in.  The Marxists complain that local officers are being shielded by Federal law from prosecution.  Whatever the ostensible reason that the Cultural Marxists are complaining, it's politics that determines who gets indicted or gets immunity in shootings involving Federal agents, as with local police officers. Now the facts are supposed to rule in such decision, but in the below case, the local prosecutor ignored the facts and indicted a white officer only because he shot a black career criminal.

First, the complaint about an obscure shooting, predictibly involving a career black bank robber and the Austin Police Department (APD) detective who shot the criminal during a pursuit after a bank robbery.

WaPo by Wesley Lowry November 4, 2015
How Law Enforcement Officers Can Kill Someone And Avoid Prosecution
Families of people killed by police rarely see the officers taken to trial. It was supposed to be different for the children of Larry Jackson Jr.: The Austin police detective who shot and killed Jackson was scheduled to be tried this week for manslaughter.
At the last minute, however, a judge dismissed the case against the white detective, Charles Kleinert, ruling that he was acting as a member of a federal task force in 2013 when he shot Jackson, an unarmed black man.
As a federal agent at the time, the judge ruled, Kleinert is shielded from state prosecution.
The ruling stunned Jackson’s family, whose attorney called it a “great civil rights injustice,” and dismayed the local prosecutor, who has vowed to appeal. Meanwhile, the case is shining a spotlight on a legal tactic rarely used in criminal cases, one that raises the question of when, if ever, a federal law enforcement officer can be charged with a crime for killing someone in the line of duty.

In fact, Kleinert was not given immunity because he was acting as a member of a Federal bank robbery task force, but because the judge in the Federal court looked at the evidence, and determined that Kleinert used a reasonable level of force.

KXAN September 30, 2015 by Chris Sadeghi
Kleinert Tells, Reenacts Actions That Led To Fatal Shooting
“I was crushed. I was devastated,” said Kleinert about Jackson’s death. But when asked multiple times if the actions he took were necessary to his job as an officer, Kleinert stood firm each and every time in saying he was performing his duties.
Although he was an APD employee at the time, Kleinert’s defense team argues because he was serving in the capacity of a federal agent at the time of the July 26, 2013 shooting, the case should be dropped based on a federal immunity statute. They have already successfully convinced Judge Lee Yeakel to try the case in federal court rather than a Travis County District Court.
The hearing to dismiss is expected to last three days with multiple witnesses testifying before Yeakel will make any rulings.
While on the stand, Kleinert said he was serving on the Central Texas Violent Crimes Task Force and investigating a robbery at the Benchmark Bank near Shoal Creek when Jackson approached the bank. After a conversation with Jackson, Kleinert believed him to be a bank fraud suspect and pursued when Jackson tried to run away on foot. After commanding a driver to give him a ride, Kleinert said he encountered Jackson coming out from underneath a bridge over Shoal Creek.

The KXAN article shows just how factually incorrect the WaPo article was.  There was no immunity, as Kleinert's was tried in a Federal court on the manslaughter charges, but the judge dismissed the charges based on the facts of the case, e.g. Kleinert was acting reasonably when the black criminal Larry Jackson was killed while resisting arrest.  Jackson made several mistakes, aside from the mistake of robbing banks, including the mistake of attacking a police officer who had a gun in his hand while resisting arrest.  In fact, it is clear from the testimony that Jackson was killed accidentally.

Which brings us to the local prosecutor, who appears to be a politically motivated member of the terrorist group #BlackLivesMatter, a group that attacks police officers and demonstrates on behalf of black criminals who attack police officers, led by a notorious homosexual and racist Deray McKesson, who also has a strange obsession with puffy vests.

Interestingly, the WaPo supported the transfer of cases involving shootings by Federal agents from State courts in the similar case of Lon Horiuchi, who followed illegal shoot-to-kill orders from FBI managers at Ruby Ridge:

On June 10, 1994, the Task Force delivered its 542-page report to the DOJ Office of Professional Responsibility. The Report stated: "With regard to the two shots fired on August 22, we concluded that the first shot met the standard of 'objective reasonableness' the Constitution requires for the legal use of deadly force but that the second shot did not satisfy that standard."

Clearly, in the case of Horiuchi, there was no factual basis to remove his case from State jurisdiction, which the 9th Circuit Court of Appeals later determined.

Worse yet, Horiuchi and other Federal agents were not following Department of Justice policy on Use of Force, but using shoot-to-kill orders that violated law and Supreme Court precedent decision:

The Ruby Ridge Rules of Engagement (ROE) had been drawn up on the basis of reports from the headquarters of the USMS and FBI, bolstered by unconfirmed news media accounts accepted by HQ, that exaggerated the threat posed by the Weavers.
If any adult male is observed with a weapon prior to the announcement, deadly force can and should be employed, if the shot can be taken without endangering any children.
If any adult in the compound is observed with a weapon after the surrender announcement is made, and is not attempting to surrender, deadly force can and should be employed to neutralize the individual.
If compromised by any animal, particularly the dogs, that animal should be eliminated.
Any subjects other than Randall Weaver, Vicki Weaver, Kevin Harris, presenting threats of death or grievous bodily harm, the FBI rules of deadly force are in effect. Deadly force can be utilized to prevent the death or grievous bodily injury to oneself or that of another.
Note how at Ruby Ridge, the FBI imposed two use of force policies, the first highlighted policy was in violation of the Department of Justice Use of Force Policy (note the policy governed all law enforcement officers since 1985 after the Tennessee v. Garner decision on use of deadly force by law enforcement officers) and the second highlighted that the DOJ policy was in force for other subjects at Ruby Ridge. The first violated Garner while the second was in compliance with Garner.

Worse yet, WaPo claims that Federal officers aren't charged in State courts, but it is quite frequent for Border Patrol Agents to be charged in State courts for murder, as in the case of Nicholas Corbett, who was charged with murder in the death of an illegal alien smuggler, despite the fact that he was acting in the official scope of his duties.  The WaPo deliberately deceives the reader by claiming that all Federal agents are immune from State prosecution, but that is not true.  It is a political decision for the Federal government to intervene in such cases where the Federal agent is acting in his official capacity but charged with a State crime for that action.

In the Corbett and Kleinert cases, local prosecutors acted for political reasons where there was no evidence of a crime.  Note that the Cochise County prosecutor was so desperate politically to prosecute Corbett, it took two hung juries for the persecution of Corbett to end, and in the case of Kleinert, it was his shooting of a black criminal that engendered prosecution.  And note that it was Clinton's war on guns that motivated the interference in the local prosecution of Horiuchi, who was found to have violated DOJ policy in the DOJ's own investigation.

For the prosecution of law enforcement officers, it is clear that who you shoot is more important than the actual facts surrounding the shooting. But one can always rely on the press to get the facts and law wrong, especially if it involves a black or illegal alien.  And despite the WaPo's claim that the Federal government doesn't indict Federal agents, look at the cases of Lonnie Swartz, who was indicted for shooting an attacker from across the border.

All this is a case of Cultural Marxists creating a problem that doesn't exist on the behalf of black and Hispanic criminals.

Monday, November 2, 2015

Looks Like #cuckservative Paul Ryan Got His Amnesty

The final part of the Obama Regime Administrative Amnesty has been leaked.  It appears that U.S. Citizenship and Immigration Services (USCIS) is openly contemplating giving employment authorization to the 20-30 million illegal aliens in the United States.  Interesting enough, it appears that the Slave Power, Zuckerberg, etc. are against this as it will enable H-1Bs and L-1s to escape from indentured servitude.  The memorandum appears to be a discussion of a complete amnesty disguised as a granting of an Employment Authorization Document (EAD) to those who have filed for an immigrant visa based on employment in the United States, Form I-140, Immigrant Petition For Alien Worker, but the scope of the discussion in the memorandum is well beyond those aliens with an employer legally able to sponsor a worker. Clearly the discussion is about a general amnesty using EADs.  Interestingly enough, there is no discussion on the legality of the action, only the political and economic consequences.

The Hill November 02, 2015 By Ian M. Smith
Leaked DHS Memo Shows Obama Might Circumvent DAPA Injunction
A newly leaked internal DHS memorandum produced for an off-the-record agency conclave reveals that the Obama administration is actively planning to circumvent a federal court injunction that suspended part of last November’s deferral-based amnesty initiative. The document, apparently prepared as follow-up from a DHS “Regulations Retreat” last summer, appears sure to re-ignite concerns in Congress as well as federal judges in the Fifth Circuit. The Administration has already been criticized from the bench for handing out work permits to hundreds of thousands of deferred action beneficiaries, in direct violation of a district court’s order. With the Fifth Circuit Court of Appeals deciding any day now whether to deny the Administration’s request to reverse that injunction, this public leak has come at a critical juncture for U.S. enforcement policy. 
Last June, four months after Texas federal judge Andrew Hanen’s order to freeze President’s DAPA and Expanded DACA programs—disclosure: the Immigration Reform Law Institute has filed briefs in these cases—DHS’s immigration policy makers apparently held a “Regulations Retreat” to discuss “different options” for “open market Employment Authorization Document (EAD) regulatory changes.” EAD is the statutory term for work permits. From a memo recording these discussions, we now know that the Obama DHS has, rather than pausing to allow the courts to assess the constitutionality of its enforcement nullification initiatives, been gearing up to roll out one or more of four plans drawn up at the meeting, each one designed to provide EADs to millions of nonimmigrants, including those lawfully present and visa overstayers, crippling the actual employment-based visa system on the federal statute-book.

Now, to the uninitiated, it appears to be a win for the joint effort of the Slave Power and the Ethno-Cultural Marxists in their war on the historic American nation.  However, the debate in the memorandum appears to be between those anti-white racists and the Zuckerberg Slave Power.  The Slave Power has no interest in the great mass of illegal aliens as a bottom line.  They may generally hate whites, as is their wont, but that is not what they are in business for, which is profits, and the indentured servitude of H-1Bs, L-1s, and other non-immigrant visa holders is their primary interest in the amnesty debate.  Of the options, #4 excludes H-1Bs and L-1s, pandering to the Slave Power and the Treason Bar, forcing H-1Bs and L-1s to remain in indentured servitude and to leave that status requires the services of an attorney from the Treason Bar.

It appears that there is now a falling out between the brown racists and the Slave Power Zuckerberg Edition, who want amnesty for all, including the Facebook Google slaves.  Option 4 is clearly the one the Obama Regime is looking towards, but there appears to be a problem with the Marxists.

From their Facebook posting at Immigration Voice:

There is also background activity whereby immigration lawyers and companies are working very hard to derail EAD for I140 fix. They are trying all sorts of ways to derail or water down this fix that we have worked for years.
Immigration lawyers and companies want this fix to be only applied to those with 'Extraordinary Circumstances' i.e. where employee can show economic hardship, exploitation by employer etc. They are trying to water down so no more than 600 people in an year would be able to benefit from this fix.

However, there appear to be no options to fix this, which appears to be part of the plan, as this did not come out until the John Boehner-Paul Ryan surrender on the budget; two years for Obama to act without any chance of any budget riders restricting their expansion of the Obama Regime Administrative Amnesty.  The Ryan-Obama fix appears to have been in from the start, no wonder Luis Gutierrez endorsed Ryan.