Saturday, October 31, 2015

Well, Isn't This Interesting

It appears during the decision making process on whether to invade Pakistan with the intent of killing or capturing Osama Bin-Ladin, the Obama Regime came to the conclusion that the President was bound by American law, but not by international law.

NYT October 28, 2015 by Charlie Savage
How 4 Federal Lawyers Paved the Way to Kill Osama bin Laden
The lawyers decided that a unilateral military incursion would be lawful because of a disputed exception to sovereignty for situations in which a government is “unwilling or unable” to suppress a threat to others emanating from its soil.
Invoking this exception was a legal stretch, for two reasons. Many countries have not accepted its legitimacy. And there was no precedent for applying it to a situation in which the United States did not first ask Pakistan, which had helped with or granted consent for other counterterrorism operations. But given fears of a tip-off, the lawyers signed off on invoking the exception.
There was also a trump card. While the lawyers believed that Mr. Obama was bound to obey domestic law, they also believed he could decide to violate international law when authorizing a “covert” action, officials said.

Well, isn't that revealing. Especially considering that the Obama Regime has argued the opposite, at least as regards to domestic law.  Both publicly and before courts, especially during the Arizona controversy, the Regime has claimed that the President can ignore domestic law, especially if it involves any implication on foreign policy, and that deporting any alien is not part of domestic law, but of foreign policy.  Even more interesting is that it was Jeh Johnson who was arguing that the President can't ignore domestic law, or, more properly, American law, as opposed to international law.  Clearly the Obama Regime has an openly Marxist attitude to the law, the ends justify the means.


Thursday, October 15, 2015

Profiling Is Back, And Treason Bar Infiltrators Are Involved

The issue of profiling is back again.  It appears that a former Treason Bar hack who has infiltrated the Department of Homeland Security (DHS), Megan Mack, Officer for Civil Rights and Civil Liberties at the Office for Civil Rights and Civil Liberties (OCLCR) at DHS, let one of her emails be leaked to the Los Angeles Times (LAT).  The transcriptionists at the LAT for the radical left then claim its a case of racial profiling without publishing the email.  It appears that this is a planted story designed to get two illegal alien felons released.



First, Mack is one of the Treason Bar shysters that have been hired by the Department of Homeland Security in the Office of Chief Counsel and part of the usurpation of immigration law professionals with Treason Bar acolytes and criminals.

Second, the misleading story itself:

LAT October 15, 2015 by Joseph Tanfani and Brian Bennett
Homeland Security Email Points To Ongoing Racial Profiling By Local Police
An internal email from a Department of Homeland Security lawyer is raising questions about the ongoing use of ethnic profiling by local police against immigrants, despite an Obama administration effort to stop using the justice system to round up low-level suspects for deportation.
Two Honduran men, waiting for a ride to their construction job, were detained by Louisiana police in May on loitering charges because they looked Latino, according to a Sept. 21 Homeland Security email that was released inadvertently and obtained by the Los Angeles Times.
“The only basis for the arrest seems to have been to give Border Patrol an opportunity to run an immigration investigation,” wrote Megan H. Mack, head of the Homeland Security Department’s civil rights office, in her report to Sarah SaldaƱa, Immigration and Customs Enforcement director, and other ICE officials. “This is not a practice the department wishes to endorse or facilitate.”

The reporters, Tanfani and Bennett failed to provide a copy of the email itself, so the authenticity of the email and its contents cannot be verified, as is usual for the Cultural Marxist (Can I say Communist now Peter?) media. Contact the writers Tanfani at joseph.tanfani@latimes.com and Bennett at brian.bennett@latimes.com. Tweet them here: @JTanfani and @ByBrianBennett.

Mack is a long time specialist in immigration law and not an attorney with real law experience. Immigration law has nothing to do with civil rights or civil liberties law.  It is a highly specialized practice that does not require membership in any bar association to practice before the Executive Office for Immigration Review (EOIR), as it is not real law and not practiced in a real court, but in an executive branch administrative agency.  Its powder-puff to real football.  However, Mack was not hired for her civil rights law enforcement experience, nor obviously for her immigration law enforcement experience, but for her Treason Bar advocacy.

And she must be feeling frustrated, not only in this case of two previously deported illegal aliens who are in the process of being deported, but because the OCLCR is the Rodney Dangerfield of DHS, even under the Obama Regime.  The immigration law enforcement professionals, even those corrupted by the Regime, ignore it, as does the Office of Inspector General, the real professionals involved in investigating civil rights violations by employees.  It gets no respect.

So, because it is the red-headed step-child of DHS, Mack clearly decided to make a play in public for more power.  And it chose to illegally release confidential personnel information about aliens, protected by the Privacy Act of 1974, and confidential law enforcement information that is prohibited from release to the public.  That is why DHS never comments on any particular immigration case. Its generally illegal to release any information about an alien.  While a misdemeanor, it remains a criminal offense, and an impeachable offense as well.

Worse yet, Mack sought to have the two illegal aliens, who committed felonies by reentering after deportation in violation of Title 8 United States Code (USC) Section 1326, Reentry After Deportation, released into the United States:

Mack said the men posed no threat and should be released.

Not actually mentioned in the article is any evidence that the two illegal aliens were racially profiled. The only allegation is that the local police officer who first made contact with the loitering aliens was attempting to “... to give Border Patrol an opportunity to run an immigration investigation...”  Well, that's not illegal, nor is it racial profiling, and there is nothing illegal about racial profiling anyway as this blogger has explained at length.

Furthermore, Mack decries the assistance local police are giving to the Border Patrol, but there is nothing illegal about that, it's authorized by statute, 8 USC Section 1252c, Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens, something a real attorney would have known, but not a bush league Treason Bar shyster. Perhaps that is why the real immigration lawyers at the ICE Office of the Principal Legal Advisor gave the ICE Enforcement and Removal Operations (ERO) officials the go-ahead for deportation despite the lobbying by Mack.

Time for Congress to get to the bottom of this story and call Tanfani and Bennett before a committee of the House preparing articles of impeachment, its the only solution.

Sunday, October 4, 2015

Update On The War On The Border Patrol

There have been two major developments in the Obama Regime War On The Border Patrol.  In the first, the Regime and the Treason Bar suffered an ignominious defeat but in the second, the Regime hit back at court decisions supporting the authority of Border Patrol Agents to act in self-defense against attacks on them from Mexico.

First, the good news.  The patriotic 5th Circuit Court of Appeals, the same court that struck down parts of the DAPA amnesty, have handed the Obama Regime another defeat, ruling in the case of a Mexican alien smuggler who was shot while attacking Border Patrol Agents.  In this case the Treason Bar, with the quiet connivance of the Obama Regime, sued Border Patrol Agent Jesus Mesa for shooting terrorist and alien smuggler Sergio Adrian Hernandez Guereca.

LAT April 21, 2015 by Associated Press
Family Of Boy Killed By Border Patrol Can't Sue Agent In U.S., Court Rules
A U.S. Border Patrol agent who killed a Mexican teenager when he fired across the border from Texas into Mexico cannot be sued in U.S. courts by the boy’s family, a federal appeals court ruled...
The unanimous ruling was issued Friday by the full 5th U.S. Circuit Court of Appeals, reversing most of an earlier 2-1 ruling by a three-judge panel of the court. The border agent's lawyer said the opinion vindicated his client.
As expected, the court decided that aliens outside the United States don't have the protection of the Constitution, as in the case of the late Osama Bin-Ladin.
The full court rejected the family's contention that Mesa's immunity from a civil suit was superseded by the U.S. Constitution's 4th Amendment, which guarantees the right of “the people to be secure in their persons,” or by 5th Amendment protections against deprivation of life without due process of law.
A 4th Amendment claim cannot be asserted by a Mexican citizen on Mexican soil with no significant connection to the United States, the appeals court ruled.

However, in response to the loss in the 5th Circuit, as the Obama Regime was conspicuously silent in the Mesa case, the Regime decided to indict another Border Patrol Agent involved in a cross border shooting, Lonnie Swartz.  Importantly here, Swartz is white, while Mesa was Hispanic.  Undoubtedly this was a major factor in the decision to indict, given the Regime's War On White Police Officers.

Houston Chronicle September 24, 2015, by Astrid Galvan
Border Patrol Agent Is Indicted In 2012 Fatal Shooting
TUCSON, Ariz. (AP) — A Border Patrol agent charged with second-degree murder in the death of a Mexican teen is one of only three agents to face murder charges in more than 20 years.
Lonnie Swartz was indicted Wednesday on one count of second-degree murder by a federal grand jury that reviewed the death of 16-year-old Jose Antonio Elena Rodriguez, who was hit about 10 times by bullets that went through a border fence.
"It's very rare for a Border Patrol agent to be charged criminally when the abuse or killing is on U.S. soil," said Lee Gelernt, deputy director of the Immigrants' Rights Project for the American Civil Liberties Union.
In the case of a cross-border shooting with the victim on Mexican soil, the ACLU group did not know of any previous scenario in which a Border Patrol agent was indicted, Gelernt said.

Given the length of time between the incident and the indictment, politics is the only reason for the indictment, given the massive campaign by the radical left, including National Public Radio (NPR) the Treason Bar and the ACLU in the Rodriguez case.  Both groups are closely connected to drug cartels, with the Treason Bar financially dependent on Mexican illegal alien drug smugglers who pay large sums of cash for their criminal and immigration defenses and the ACLU is dependent on drug legalization advocates for fund raising.

Interesting, but unsurprisingly, in the 9th Circuit a civil suit continues Agent Swartz continues despite the smack down such lawsuits received in the 5th Circuit.  But in the end, this is part of the Obama Regime War On The Border Patrol.

Sadly though, this is having an effect on the Border Patrol as illegal immigration increases, defensive use of force is down despite widespread and continuing violence from Mexicans terrorists.

Thursday, October 1, 2015

Communists Allege Racial Profiling

Reality is that there isn't enough racial profiling going on in the radical city of Berkeley, CA.  The well known communist front group, the communist National Lawyers Guild (NLG), announced a report on stops by the Berkeley Police Department (BPD) and claimed, to no one's surprise, that the BPD targets blacks in its proactive law enforcement efforts.

NBC Bay Area September 29, 2015 by  Rhea Mahbubani
Racial Profiling Rampant in Berkeley Police Department: Report
A group of Bay Area lawyers on Tuesday came out with harsh accusations against the Berkeley Police Department.
The National Lawyers Guild released data that, its members believe, proves racial profiling in police stops citywide between Jan. 18 and Aug. 12. The information was gathered via a Public Records Act request, according to the guild.
“This data substantiates the concerns expressed by numerous African-Americans about [the Berkeley Police Department] over-policing of the black community in Berkeley,” said Mansour Id-Deen, a longtime community activist and president of the Berkeley NAACP.
According to the United States Census Bureau, 116, 768 people reside in Berkeley. Whites represent roughly 60 percent of the city’s population followed by Asians at 19 percent, Latinos and Hispanics at 10 percent and blacks at 8 percent, the guild said.
Of 4,658 people stopped by Berkeley police, 1,710 were white, 1,423 black and 543 were Latino or Hispanic. So, despite being a minority in the city, blacks were approximately 32 percent of those flagged by police while whites were 38 percent of them, the guild said.

What the communist organization did not tell you, nor did the Indian reporter, is that Berkeley has a high crime rate compared to its neighbors, save adjacent Oakland, obviously, and Emeryville, crime rates in other nearby cities are much lower, and have lower black populations.

More importantly though, using black crime rates for the State of California, black crime is significantly higher than the white crime rate, in both percentages and absolute numbers.  Whites, of course, offend in percentages lower than their population, as do Asians.  Blacks, and Hispanics, offend at rates multiples of their percentage of the population.  The black population of California is about 6%, but the black crime rate ranges from a general rate of 27% of felony arrests, to between 40% to 50% of violent crimes, depending on which specific crime.

So, it is clear that the BPD is doing their job.  They are looking for serious felony criminal offenders in the pool of serious criminal offenders.  So, it is the typical lie of the left to accuse BPD of racial profiling, by which they mean the BPD is singling out blacks for no reason, except in the sense that they are profiling because the black community is where the crime is.  However, the communists at the NLG don't want the public to know the color of crime in Berkeley or California. Nor, for some strange reason, does the Indian immigrant and apparent transcriptionist for a communist front organization, Rhea Mahbubani.  Contact and inquire with her and her employer, the Bay Area News Group, here: (408) 920-5000.