Sunday, October 30, 2016

Cultural Marxists Admit Racial Profiling Legal And Constitutional

But the author, Daniel Denvir, fail to admit it is also effective. There is no law against racial profiling, which is merely targeting law enforcement efforts at the most likely suspects for a particular crime or group of crimes.  That is it, nothing more.  And yes, blacks are profiled, and rightly so as they are much more likely to commit certain crimes than others, mostly crimes involving violence and drugs. Blacks generally don't do white-collar crime, and crimes involving violence or drugs are the crimes with which most police officers deal with on a daily basis.  Profiling, the targeting of likely suspects for by stopping and questioning those suspects is the most effective means of suppressing crimes involving street violence and drug dealing.  And blacks are the likely suspect in street crimes involving drugs and violence.  The objection of Cultural Marxists then to profiling is not out of a concern about fairness or the Constitution, but about enabling black crime.

And Cultural Marxists have come to sadly realize there is no Constitutional or legal objection to racial profiling.  This writer is glad to be validated by Cultural Marxists; perhaps Denvir read my monograph on racial profiling.  [Racial Profiling is Constitutional, Legal, and Effective—That’s Why The Obama Regime Hates It, Federale, VDare, February 14, 2015]  Though I am at a loss for words as to why it took them so long.

Amid nationwide protests against police killing black people, these days law enforcement officials are eager to insist that they do not condone racial bias. But while the Obama administration has taken the lead in cracking down on local abuses, it allows FBI agents and border officials broad leeway to profile based on race, religion and national origin when it comes to recruiting informants and policing arrivals.
[Crossing The Line: Yes, Border Officials And The FBI Can — And Do — Rely On Racial Profiling, Daniel Denvir, Slate, October 11, 2016]

Curiously, Denvir emphasizes again and again that the FBI can only use it for recruiting informants, as if there are any Constitutional prohibitions on how any law enforcement agency decides on whom to recruit.  It also misses the fact that even after Eric "My People" Holder rewrote the alleged prohibition on profiling, all investigations regarding national security were authorized to use the already legal and Constitutional tactic of profiling.

Now, the rage against profiling is itself a lie, as the Cultural Marxists are claiming not that law enforcement is legitimately using race as an investigative tool, e.g. who to target for initial investigation or in preventative activities, but that law enforcement is arresting and prosecuting blacks because they are blacks.  Note the difference.  Profiling as an investigative tool, and profiling as to who will be arrested and prosecuted.  The legitimate use of profiling is to find the criminal, generally the perpetrator of a crime that the police do not know has been specifically committed, rather than chose the criminal to arrest and prosecute, and usually the allegation includes an innocent black, as in he was just sitting there reading a book and the police arrested him for nothing.

The first purpose of profiling obviously ends in a prosecution of a black criminal, but only because the facts supported the initial investigative stop that then developed evidence of a crime, as opposed to stopping a black man because the officer wants to arrest him, then lying about any evidence of a crime, because the police are only stopping innocent black men who dindu nuffin.

This all first came to a head in Los Angeles where the so-called Driving While Black movement in the 1990s was started, at the height of the crack wars in South Central LA.  In this case law enforcement agencies, specifically the Los Angeles Police Department and the Los Angeles Sheriff's Department wisely sought to stop drug dealing, drive-by shootings, and general law in South-Central, Compton, and other black neighborhoods by aggressively stopping suspicious blacks, mainly young men in cars at night.

Now, most Federal law enforcement don't do profiling based on race.  Most Federal law enforcement is investigative, meaning a suspect or group of suspects has already been identified.  However, on the border, dealing with illegal immigration and drug smuggling, profiling comes naturally.  Most crimes related to immigration are done by discrete groups as Eric Holder mentions, and that discrete group is always identifiable by race, ethnicity, or national origin; to wit mainly Hispanic, Mexican, and non-white.  The same goes for drug smuggling, mostly non-white, Hispanic, and Mexican.  Of course there are variations, but that is mostly about which passport the non-white Hispanic has, e.g. American, Mexican, Honduran, Salvadoran, etc.

And by omission, Denvir admits that any prohibition on profiling must be by executive order, e.g. there is no law or Constitutional prohibition for the criminal lobby to take to the courts:

“Unfortunately, rather than make a clear ban on racial profiling without loopholes, the 2014 guidance — while it expanded the types of groups that could no longer be profiled in a positive way — it actually retained the loopholes albeit with much more complex language which in my experience,” German said. “Having a rule that takes pages and pages and paragraphs to explain what it prohibits and what it allows is only going to create more error and abuse.”

If you need Eric Holder to "...make a clear ban on racial profiling..." then you don't have a legal or Constitutional basis for a ban.  Congress has not prohibited it, nor has the Court said the Constitution bans it.

But the most telling argument is that if there are exceptions to any prohibition on racial profiling, then why should there be any prohibitions on racial profiling at all?  One would have less error and abuse by just allowing all profiling when it comes to investigative stops, as investigatory stops are by their very nature limited in duration.  They are in effect, no harm, no foul territory.  One may feel indignant that one was stopped, but if you are innocent, it is of no import.

Denvir understands the contradiction, but won't address the underlying problem that he and this writer exposed, the prohibition on profiling is not legal or Constitutional, but administrative, and, more importantly, the effectiveness of profiling or the need for profiling based on the fact that inner city crime is a black phenomenon and border crime is a Hispanic phenomenon.

Saturday, October 29, 2016

White Hispanic Named Deputy Chief Of Border Patrol

The new Deputy Chief of the U.S. Border Patrol, Carla L. Provost, unlike the Chief of the U.S. Border Patrol, Mark Moran, is actually a fully trained and qualified to arrest illegal aliens Border Patrol Agent. And she is, like George Zimmerman, an even more white Hispanic.

Carla Provost
Deputy Chief
U.S. Border Patrol

Carla Provost, deputy assistant commissioner of the U.S. Customs and Border Protection Office of Professional Responsibility (OPR) since September 2015, has been appointed to the role of deputy chief at the agency.
Provost will serve as the Border Patrol’s deputy chief and have responsibility over the agency’s daily operations, planning and nationwide enforcement initiatives, the Customs and Border Protection agency said Wednesday.
[Carla Provost Promoted to Deputy Chief, by Jay Clemens, Executive Gov, October 27 2016]

Deputy Chief Provost may or may not be an affirmative action hire, not as a Hispanic, but as a woman.  Only 5% of the 21,000 or so Border Patrol Agents are women, and for good reason, serving as a Border Patrol Agent is the most physically demanding law enforcement position in the United States and the physical training is similarly the most demanding.  Many attempts have been made by Border Patrol Academy wash-outs to legally challenge the physical training, and all have failed.  Few women want to work out doors in 110 degree heat of an Arizona summer.

Since there are so few female Border Patrol Agents, Provost was quickly put on the fast-track, as there are even fewer female managers in the Border Patrol.

However, she appears to have drunk the Kool-Aid that Moran is forcing down the throat of the Border Patrol, reshaping the Border Patrol from a law enforcement agency, to a welcoming committee for illegal aliens.  She appears to have been a supporter of the tightening of restrictions on use-of-force designed by Moran to reduce arrests of illegal aliens, as well as alien and drug smugglers.

Provost stood up CBP’s Use of Force Center of Excellence, now known as the Law Enforcement Safety and Compliance Directorate, to develop CBP’s use of force policy and establish operational Use of Force programs.

It is no surprise, most women in law enforcement in general, and the Border Patrol in particular, are not enthusiastic about the mission of using force to make arrests.

Provost is clearly being groomed for the next first, the first female Chief of the Border Patrol.  I hope President Trump is not fooled by her selection as Deputy Chief.  Though for all I know she might be down with aggressive immigration enforcement.  But I doubt it.

Sunday, October 23, 2016

Trifecta Of Immigration Fraud

In a perfect trifecta of the Brown Run Border, the Treason Bar, and the Obama Regime Administrative Amnesty, a Hispanic immigration official and a Treason Bar shyster have been arrested for corruptly applying the Obama Amnesty for illegal aliens.

The racially ambiguous Clifton Divers, perhaps part Hispanic, perhaps part of the mulatto elite, but obviously affirmative action hire at ICE SVU, more commonly known as Homeland Security Investigations (ICE HSI), and a Treason Bar shyster were arrested for gaming the Obama Amnesty by selling the right not to be arrested and deported. 

Racially Ambiguous But Obviously Not White Clifton Divers Of Detroit

A bribery scheme between a metro Detroit attorney and a U.S. Immigration and Customs Enforcement agent falsely made immigrants from Iraq, Mexico and Albania look like confidential informants so they could dodge deportation, according to indictments filed this month   in U.S. District Court.
According to the indictments, immigrants or their families paid attorney Charles Busse of Birmingham as much as $15,000 before he would connect with special agent Clifton Divers of Detroit, who would lie to the U.S. Department of Homeland Security, saying that pending deportees were helping with investigations into drugs, money laundering or the manufacturing of false identification documents.
Busse, 58, and Divers, 48, face charges of conspiracy to defraud the U.S. and bribery of a public official for crimes alleged between 2009 and 2015 that involve a total of five immigrants.
[Attorney, ICE Agent Accused Of Helping Immigrants Cheat Deportation, Robert Allen, Detroit Free Press, October 20, 2016]

The Obama Regime Administrative Amnesty is as lawless as the above bribery scheme, but only two low level criminals get arrested.  Giving illegal aliens the right not to be deported is a criminal violation of  two sections Title 8 of the United States Code, to wit Section 1324(a)(1)(A)(iv) and (v):

(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

So, everyone in Divers' chain of command up to and including Barack Hussein Obama, is guilty of that violation.

In fact, is is hard to believe that one can charge Divers with any crime for providing any such benefit for illegal aliens since there is no legal standard for giving any illegal alien the right to remain and employment authorization.  The claim of course is that if the President does it, it's not a crime, or that if you are ordered to do an illegal act, it's not illegal.  Divers can certainly claim that he was doing nothing different from any other DHS official deciding upon which illegal alien gets a get out of jail free card and an Employment Authorization Document (EAD).

The U.S. Attorney will claim that Divers did it corruptly, but can you corruptly perform an illegal act?  The act of giving an illegal alien an EAD is itself illegal.  How can one claim that one illegal alien is eligible and another not?  Furthermore, the authorization to give amnesty to certain illegal aliens was done corruptly as well; e.g. done outside the law to obtain something of benefit for Barack Hussein Obama, votes in the 2012 election, and votes for Hillary Clinton in 2016.  That is as corrupt as receiving cash for performing a government service.

Wednesday, October 19, 2016

ICE SVU v. FBI On White Slavery

White slavery, not the real white slavery as practiced by Islam, but the rebranded modern version of the fictional terror, similar to demon rum, of the interstate trade in white women for the purpose of prostitution brought to the fore by the Progressives, read proto-Cultural Marxists, such as Woodrow Wilson, and sworn enemies of the Constitution, the Mann Act, is in the news again.  It goes by a new name though, sex trafficking or human trafficking.  Like the lies surrounding the Mann Act, that tens of thousands of good girls were kidnapped and forced into prostitution, the new sex trafficking scare, a systematic and widespread kidnapping and impressment of young girls into interstate prostitution.

However, the reality of the problem is that it is just the world's oldest profession tarted up by an unholy coalition of feminists, blue stockings, and illegal alien advocates.  The reality is that most prostitutes, male or female, start out as teen-aged runaways, pimped out by their parents, or are trollops who prefer to work on their back.  While there is systematic violence by pimps involved, most of those victims are adult women who work the down-scale end of the prostitution continuum. 

The Federal Bureau of Investigation (FBI) is in on the hype.  Typical of them, the Bureau is not involved because of the importance of the crime of prostitution, but for the public relations good will it earns with the press and the dollars it doles out to local police departments and Sheriff's Offices during the annual sweeps it participates in, usually about this time of year.

Operation Cross Country is an annual nationwide effort to combat underage human trafficking. 
This year's was the 10th and largest version of the FBI-led initiative, which was conducted in 106 cities across the U.S. and, for the first time, in several countries around the world. Those countries include Canada, Cambodia, the Philippines and Thailand.
[FBI's Annual Operation Cross Country Rescues Kids From Sex Trade, by Elizabeth Campbell, News4Jax, October 18, 2016] 

Considering that breathless claim, now look at the results of Operation Cross Check in Jacksonville:

JACKSONVILLE, Fla. - A 16-year-old was rescued and 27 adult prostitutes were arrested as part of the FBI's Operation Cross Country X, which was conducted Oct. 13-15 in Jacksonville and Pensacola.
Three pimps and their associates were also arrested, the FBI's Jacksonville division announced Tuesday.  The teen recovered in the local operation was in Pensacola.

So for all the sound and fury, the FBI and the local law enforcement agencies involved, the Florida Department of Law Enforcement, the Jacksonville Sheriff’s Office, the  Escambia County Sheriff's Office, the Pensacola Police Department, the Gulf Breeze Police Department, the Panama City Police Department and the Panama City Beach Police Department, managed to conduct a routine vice squad operation, arresting a few pimps and finding a grand total of 1 exploited minor, described as a teen. As the age of that teen was not give, I am betting the late teens, which means a runaway or an emancipated minor doing the only work she wants to do, working on her back.

Even more interesting, there appears to be no national or interstate component of this crime:

Among the 82 juveniles recovered in the U.S. were two sisters in Milwaukee, ages 16 and 17, who told authorities that their mother was their pimp. The girls said their mother also rented out their brother’s room to a man who was a registered sex offender.

So, two teenagers pimped out by their mother had to be rescued by the FBI.  Where were the local police during the past year?  Is the Milwaukee Police Department like the San Francisco Police Department, generally ignoring prostitution completely most of the year?  

Not to be out done, the great rival to the FBI, ICE SVU, the moniker for U.S. Immigration and Customs Enforcement Special Victims Unit, also known as Homeland Security Investigations, is in on the sex police game.  And note that they are not scouring cities like San Francisco for illegal alien prostitutes, as behoves them since they are Immigration and Customs Enforcement, they are searching for kiddy porn and peodophiles.

A 42-year-old Oswego man has been convicted of traveling to Aurora and paying for a sexual encounter with a child in connection to a 2014 sting operation involving Aurora police and Homeland Security investigators.
[Oswego Man Guilty Of Paying For Sexual Encounter With Child, by Hannah Leon, Aurora Beacon-News, October 18, 2016]


DENVER — An Ohio man has been convicted of exchanging pornographic texts with a 14-year-old Colorado girl.
Rande Brian Isabella, 59, of Hubbard, Ohio, was convicted of one count of coercion and enticement of a minor and one count of attempted production of child pornography. Isabella was convicted in federal court October 7 following a two-week jury trial. He was acquitted of two similar charges.
According to court documents, Isabella communicated with the victim by phone and online between September and December 2013. He lied about his age and repeatedly asked for pictures of her as their conversations became increasingly sexual, according to prosecutors. Eventually, the victim sent him a naked picture of herself. He then told her he was her boyfriend, and asked her to stay with him if he came to Colorado. He sent her a photo of his genitalia, and asked her to send one in return. The girl sent more pictures, some sexual in nature.
Eventually, the girl’s mom found her phone and discovered the conversations. She called police, and Homeland Security Investigations began an investigation.
[Ohio Man Found Guilty Of Exchanging Pornographic Texts With 14-Year-Old Colorado Girl, by Angela Case, Fox 21 News, October 18, 2016]

And no case of sex trafficking or human trafficking is complete without the illegal alien angle.  But here the human trafficking is just a new name for alien smuggling, something the alleged victims were actually co-conspirators in the commission of the actual crime, illegal entry, Title 8 United States Code, Section 1325, Improper Entry By An Alien.

Everything changed. It was nothing they promised me. I was supposed to work in a hotel, but they said they only had jobs in a DVD manufacturing company. I didn't have any other options, because I had borrowed so much money to pay the $4,000 I needed to come here.
[The five of us working together] were making so little money because of all the deductions. They were deducting for visa extensions, housing, transportation to move us from Kansas City to Huntsville. They put three of us in a one-bedroom apartment with three tiny beds and made us each pay the employer $300 a month. But the employer was only paying $400 a month for the apartment. They told us if we left, they would call immigration and we'd be sent back home. They told us we needed them to extend our work visas to stay legally. They told us they knew where our families lived and they'd go after them.
[Call For Action From A Survivor Of Trafficking, by Eleanor Klibanoff, National Public Radio, October 18, 2016]

Notice the dates of the stories, all October 18, 2016.  Clearly a contrived PR stunt and planted stories in the press, with no discernment or independent investigation by the reporters.  They just repeated prepared talking points.  Did Klibanoff bother to delve into the claims by the illegal aliens involved? Is she so credulous that she takes everything at face value?  These illegals knew they would not be getting high paying jobs.  They just decided to change from willing accomplice to their own crime, to that of manufactured victim.  

And all given to us by ICE SVU, wasting millions investigating crimes that a local police department should be enforcing, while aiding and abetting alien smuggling, as well as rewarding the illegal aliens who conspired to break the law by smuggling themselves into the United States.  And for the record, ICE SVU's actions aren't a bug, it's a feature, and of the Obama Regime Administrative Amnesty.

Saturday, October 15, 2016

New Border Patrol Chief Unconcerned About Illegal Immigration

The new political hack installed as the new head of the U.S. Border Patrol has said all he needs to about his job.  But Mark Morgan, the new Chief, U.S. Border Patrol, and former Federal Bureau of Investigation (FBI) Special Agent and head of U.S. Customs and Border Protection (CBP) Office of Internal Affairs, apparently is more concerned about changing the Border Patrol "culture" than doing the job arresting illegal aliens.

The man who would be in charge of guarding a wall with Mexico if Donald Trump is elected president isn’t so sure the strategy would keep undocumented immigrants out.
Instead, Mark Morgan —  the first outsider to lead the 21,ooo uniformed agents who make up the U.S. Border Patrol — has had another priority in the three months he’s been on the job: changing the agency’s culture.
[Amid Immigration Debate, New Border Chief Seeks To Turn Around Beleaguered Force, by Lisa Rein, WaPo, September 28, 2016]

Note the open contempt for the actual responsibilities of Border Patrol.  Moran's goal is not keeping out illegal aliens or terrorists, but changing a culture, a culture that he alleges is violent and abusive to illegal aliens and drug smugglers.

“The piece we need to get better at when a shooting happens is, what happens now?” he said. “I don’t think we were very good at all about making decisions like whether the use of force was within our guidelines.”

There is however no problem with shootings and other use-of-force incidents involving Border Patrol Agents.  In fact, all the major incidents of agent involved shootings of illegal aliens have been found to be justified as this writer reported back in July 2016.

The import of this appointment though is that the appointment of Moran is a political decision to support the ongoing Obama Regime Administrative Amnesty for illegal aliens.  Instead of concentrating on finding and deporting illegal aliens Moran is changing the "culture" of the Border Patrol from one of a history of aggressive enforcement of immigration law to that of a law enforcement agency neutered, neutered as the Obama Justice Department has neutered the Ferguson Police Department and black crime is now running rampant.  That, of course, is a feature, not a bug, just as Obama wants fewer blacks in prison, so he wants more illegal aliens in the United States.

Moran is part of that program.  Even the WaPo pointed out that despite Moran being the head of an immigration law enforcement agency, Moran has never made an immigration arrest.

Morgan has never arrested an illegal immigrant. But Customs and Border Protection Commissioner R. Gil Kerlikowske turned to him — overlooking others who came up through the ranks — to change course in what is, even by law enforcement standards, an insular culture.

It was as if Moran and Kerlikowske were treating the Border Patrol as a criminal organization, which they are doing.  The crime being keeping Democrat voters out of the United States.

More importantly, it is necessary to point out that legally Moran cannot make an arrest of an illegal alien.  He has never completed the course of training required by the Immigration and Nationality Act, as amended, section 287(a) (5)(B), of Federal employees, or deputized State law enforcement officers, to be designated as an immigration officer authorized to make immigration arrests.

Under regulations prescribed by the Attorney General, an officer or employee of the Service may carry a firearm and may execute and serve any order, warrant, subpoena, summons, or other process issued under the authority of the United States. The authority to make arrests under paragraph (5)(B) shall only be effective on and after the date on which the Attorney General publishes final regulations which (i) prescribe the categories of officers and employees of the Service who may use force (including deadly force) and the circumstances under which such force may be used, (ii) establish standards with respect to enforcement activities of the Service, (iii) require that any officer or employee of the Service is not authorized to make arrests under paragraph (5)(B) unless the officer or employee has received certification as having completed a training program which covers such arrests and standards described in clause (ii), and (iv) establish an expedited, internal review process for violations o f such standards, which process is consistent with standard agency procedure regarding confidentiality of matters related to internal investigations. 

What we have is a Chief of the U.S. Border Patrol who cannot make an arrest of an illegal alien.  This is clearly part of a contrived plan to ruin the Border Patrol in particular, and end immigration law enforcement in general.

And to further prove the point, Moran announces that a wall or fence with Mexico will do nothing.

“A simplistic answer to an immensely complex problem,” is how Kerlikowske describes the wall. He notes that the government “spends a tremendous amount of money repairing what we have now” on the Southwest border — 600 miles of very intermittent fencing — from damage from erosion, flooding and holes when migrants break through.

“Does infrastructure play a role? Of course,” Morgan said. “It’s one element of a multifaceted approach. It isn’t the answer.”

This is a clear political declaration that nothing will be done to secure the border with Mexico.  Walls and fences work on the border with Mexico.  That is the reason the left opposes walls and fences.

And he thinks he will survive the election of Donald J. Trump.

When it comes to enhancing border security, the wall the Republican nominee for president has proposed to keep out illegal immigrants does not top Morgan’s list, however hotly debated it has been. As a civil servant and not a political appointee, Morgan will be in the job whether Trump or Hillary Clinton is elected.

This is quite wrong.  Moran is a political appointee who will be replaced soon after the Trump Administration starts, as the new CBP Commissioner will inform him he has lost the confidence of both the Commissioner and the Border Patrol Agents under his command.  Moran will have no choice but to resign.  Most likely though he will be back at the FBI or retired come Inauguration Day. In any even,  his overtly political statements have made him eligible for removal from office for cause and since he actually cannot legally execute his duties, since he has not completed the Border Patrol Academy or other training that enables him to act as an immigration officer, he can be removed.

Worse yet, he knows he is being political, something prohibited to civil servants:

He quipped, “I try not to be in the business of sound bites.”

A political sound bite if there ever was one, and clearly directed at Donald J. Trump.  No civil servant would say something like that.

President Trump will have his work cut out for him upon inauguration, but most of the Border Patrol will have his back against Moran.

His appointment was criticized by the powerful Border Patrol union, which said an outsider could never gain agents’ trust. 

And he won't, and he won't last.  Moran might enjoy playing dress-up in a uniform he did not earn, but he is everything antithetical to a law enforcement professional.  Slandering the men you lead is not leadership, but politics at its most base.