Category Archives: U.S. Constitution

Game on: Eric Holder Hired to Fight Trump

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So, as California is officially a sanctuary state, you can bet there will be additional states collaborating and joining the fight like Illinois. The Left has been colluding for several weeks and here is but one decision that is part of the search and destroy mission of the new Trump administration.

Immigrants and illegals are a protected class and they along with a state legislature are mobilizing for a fight that affects Americans, America, the sovereignty and standing law.

Immigrants now have an official lobby operation as they get full representation by Eric Holder and his law firm. This is likely an operation that has passed through the offices of the White House.

One must wonder if DHS Secretary Jeh Johnson or Loretta Lynch from the DoJ will join this battle-plan as well….

California Democrats hire Eric Holder to fight Trump

LOS ANGELES— Democratic lawmakers in the California legislature have retained former US Attorney General Eric Holder to help in any legal battles with President-elect Donald Trump’s administration, The New York Times reported on Wednesday.

The move is an indication that lawmakers in the nation’s most populous state, where Democrats hold two-thirds majorities in both houses of the legislature, are girding for possible court battles after Trump takes office on January 20.

Last month, leaders of both houses introduced bills to protect immigrants living in the country illegally from anticipated efforts by a Trump administration to increase deportations. In addition, Democratic Gov. Jerry Brown has made combating climate change a priority for the state.

“Having the former attorney general of the United States brings us a lot of firepower in order to prepare to safeguard the values of the people of California,” Kevin de León, the Democratic leader of the state Senate, told The Times. “This means we are very, very serious.”

A representative from de León’s office could not immediately be reached for comment early Wednesday.

“I am honored that the Legislature chose Covington to serve as its legal adviser as it considers how to respond to potential changes in federal law that could impact California’s residents and policy priorities,” Holder said in a statement, according to The Times.

California voted decisively for Democrat Hillary Clinton in the November 8 presidential election, choosing the former first lady over Trump by 28 percentage points.

**** Covington and Burling has been a legal lobby operation for corrupt entities for a while. Please note this particular example below:

Western SaharaResource Watch (WSRW) has been writing since 2008 about Covington & Burling’s collusion with OCP. In particular, WSRW has investigated a secret “independent opinion,” written by Covington that has “been used by phosphate importing firms to defend their unethical trade.” Despite repeated attempts to get a copy of that opinion, WSRW has reported: “the opinion has never been released to the public. The law firm consistently refuses to reply to requests from civil society or Saharawis.” An April 2012 paper from one of the U.S. importers, PotashCorp, titled “PhosphateRock from Western Sahara,” gives us, however, a pretty good picture of Covington’s point of view.  Acknowledging that they had “recently received, on a confidential basis” two legal analyses by Covington & Burling and DLA Piper, they tell us that those opinions “concluded that OCP’s operations in the region directly benefit the people of the region and are consistent with international legal obligations.” This conclusion is directly contradicted by any number of reports and analyses that the indigenous Sahrawi benefit little from the phosphate trade, hold few of the phosphate industry jobs, and have never been consulted on or acquiesced in the exploitation. While it would certainly be enlightening to see a copy of Covington’s opinion, they are obviously basing their conclusion on the condition of the several hundred thousand illegal settlers who have been lured to the territory with subsidies and jobs. The Fourth Geneva Convention specifically prohibits colonizing occupied territories. This is directly akin to concluding that life on the West Bank is lovely, based on the living conditions of the illegal Israeli settlers. WSRW supplies us with a good list of Recommended Reading on all this.

Covington lobbying on behalf of OCP has been hard to trace, specifically because they have chosen to register their work under the LDA, which does not require the registrant to list contacts or activities (see more on this below). All we really learn from the listings is their intention to lobby several governmental agencies and Congress on “Promoting economic integration in the Maghreb and enhanced economic relations between the Maghreb and the United States.” It does not appear to be a coincidence, however, that two of Covington’s registered OCP lobbyists, Stuart Eizenstat and Marney Cheek, should turn up in 2009 as participants in a thing called the North Africa Policy Paper Project that produced the seriously flawed and thoroughly biased policy paper, Why the Maghreb Matters: Threats, Opportunities, & Options for Effective US Engagement in North Africa. Eizenstat is listed as co-chair (along with I.William Zartman) and Cheek as staff. In a nutshell, the report identifies resolution of the stalemate over the Western Sahara as the key to unlocking the potential of greater Maghrebian integration and controversially endorses “the [Moroccan] formula of autonomy/sovereignty now before the UN” as “a basis for a viable solution.” The Moroccan autonomy plan has been widely condemned by international legal scholars – including our foremost self-determination authority, Hurst Hannum – as illegal under international law because it doesn’t provide for an expression of the will of the original inhabitants of the territory. More details here.

FBI: 7,700 Terrorist Encounters in USA in 2015

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In a wide-ranging request for documents and analysis, President-elect Donald Trump’s transition team asked the Department of Homeland Security last month to assess all assets available for border wall and barrier construction.

Reuters: The team also asked about the department’s capacity for expanding immigrant detention and about an aerial surveillance program that was scaled back by the Obama administration but remains popular with immigration hardliners. And it asked whether federal workers have altered biographic information kept by the department about immigrants out of concern for their civil liberties.

The requests were made in a Dec. 5 meeting between Trump’s transition team and Department of Homeland Security officials, according to an internal agency memo reviewed by Reuters. The document offers a glimpse into the president-elect’s strategy for securing the U.S. borders and reversing polices

The requests were made in a Dec. 5 meeting between Trump’s transition team and Department of Homeland Security officials, according to an internal agency memo reviewed by Reuters. The document offers a glimpse into the president-elect’s strategy for securing the U.S. borders and reversing polices

The requests were made in a Dec. 5 meeting between Trump’s transition team and Department of Homeland Security officials, according to an internal agency memo reviewed by Reuters. The document offers a glimpse into the president-elect’s strategy for securing the U.S. borders and reversing policesput in place by the Obama administration. 

Trump’s transition team did not comment in response to Reuters inquiries. A spokeswoman for the Department of Homeland Security and U.S. Customs and Border Protection declined to comment.

In response to the transition team request, U.S. Customs and Border Protection staffers identified more than 400 miles along the U.S.-Mexico border, and about the same distance along the U.S.-Canada border, where new fencing could be erected, according to a document seen by Reuters.

Reuters could not determine whether the Trump team is considering a northern border barrier. During the campaign, Trump pledged to build a wall and expand fencing on parts of the U.S.-Mexico border but said he sees no need to build a wall on the border with Canada.

One program the transition team asked about, according to the email summary, was Operation Phalanx, an aerial surveillance program that authorizes 1,200 Army National Guard airmen to monitor the southern border for drug trafficking and illegal migration. Much more here from Reuters.

For perspective:

FBI: 7,700 Terrorist Encounters in USA Last Year

The jihad is crossing the southern border: a majority of encounters in Arizona were with Islamist groups.

From 9/2016: Breitbart news has received a collection of leaked documents from the Federal Bureau of Investigation that show a massive number of terrorist encounters, especially in border states.  The documents are not classified, though they are marked sensitive.  7,712 terrorist encounters occurred from July 20, 2015 and the same date a year later — last year, in short.

Some of the documents pertain to the entire U.S., while others focus specifically on the state of Arizona.  The states with the highest encounters are all border states. Texas, California, and Arizona–all states with a shared border with Mexico–rank high in encounters…. Most significantly, the map shows that many of the encounters occurred near the border outside of ports-of-entry, indicating that persons were attempting to sneak into the U.S.

Page Six shows a pie chart indicating that the majority of encounters in Arizona were with Islamic known or suspected terrorists, both Sunni and Shi’a.

 

That last is surprising, as one would expect drug cartels to make up the majority of such encounters.  The leak comes at a time when the FBI’s crime reporting shows an increase in violent crime across the country.

The Shiite terrorist organization Hezbollah has developed connections with the Latin American drug cartels because of its prominent role in heroin.  Iran’s Revolutionary Guards Corps (IRGC) controls the opium trade from the poppy fields in Afghanistan to the Levant, and they provide a great deal of opium to Hezbollah.  Hezbollah has a refining capacity in Lebanon that allows them to provide a substantial part of the world’s heroin.  They trade heroin to the Latin American drug cartels for other illegal money-making opportunities, forged documents, and access to the Americas.  Hezbollah’s operations produce between ten and twenty million dollars in revenue for its American operations, which are based out of a large Lebanese immigrant community in what is called the “Tri-border region,” an area between Paraguay, Brazil, and Argentina.

In addition to its money-making ventures, Hezbollah provides the cartels with military training.  As one of the world’s foremost guerrilla organizations, Hezbollah finds that its military trainers are sought after commodities.  They are able to parley those connections in order to perform operations in Mexico.  Their ability to infiltrate the United States, in order to conduct terrorist violence in service to Iran, is highlighted by these leaked FBI documents.

The role of Sunni groups is less fully understood, but it was a concern for the intelligence section of the United States military’s Southern Command according to another set of leaks earlier this year.

Sunni extremists are infiltrating the United States with the help of alien smugglers in South America and are crossing U.S. borders with ease, according to a U.S. South Command intelligence report.  The Command’s J-2 intelligence directorate reported recently in internal channels that “special interest aliens” are working with a known alien smuggling network in Latin America to reach the United States….  Army Col. Lisa A. Garcia, a Southcom spokeswoman, did not address the intelligence report directly but said Sunni terrorist infiltration is a security concern.

“Networks that specialize in smuggling individuals from regions of terrorist concern, mainly from the Afghanistan-Pakistan region, the Middle East, and East Africa, are indeed a concern for Southcom and other interagency security partners who support our country’s national security,” Garcia told theWashington Free Beacon….  “In 2015, we saw a total of 331,000 migrants enter the southwestern border between the U.S. and Mexico, of that we estimate more than 30,000 of those were from countries of terrorist concern,” she said….

[T]he Southcom intelligence report revealed that the threat of Islamist terror infiltration is no longer theoretical. “This makes the case for Trump’s wall,” said one American security official of the Southcom report. “These guys are doing whatever they want to get in the country.”

Here at CounterJihad, we reported on Southern Command’s commander, Admiral Kurt Tidd, and his testimony before Congress on the threat.  Tidd reported that a number of terrorists were transiting the region who had gone to Syria and fought for the Islamic State (ISIS) and other radical groups.  Their ability to return to Latin America was smooth, given that they actually had legal travel documents.

Whether they can then pass into the United States is an open question.  The leaked FBI documents only talk about actual law enforcement encounters with people on terrorist lists.  How many are infiltrating without encountering law enforcement?

DHS Officials Took Bribes, and Billions $ Left the U.S. for Mexico

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Valerie Jarrett during a recent interview said that the Obama administration was scandal free.

Okay, stop laughing, hold on…there are countless scandals and this whole administration is delusional. There are two items below is a huge sidebar scandal when it comes to DHS and illegals. Breathe deeply….you can do it and read on.

Report: Homeland Security Officials Took Millions in Bribes to ‘Look the Other Way’ on Drug Cartels

TownHall: A stunning case of corruption inside the Department of Homeland Security was overshadowed by headlines about Russia and Israel this past week. Yet, federal employees accepting millions of dollars in bribes to avoid doing their job, is certainly worth a look.

Hundreds of DHS employees have “looked the other way” as drugs crossed the border because cartels have made them offers they can’t refuse. Other employees have sold green cards and other documents illegally. More from The New York Times:

It was not an isolated case. A review by The New York Times of thousands of court records and internal agency documents showed that over the last 10 years almost 200 employees and contract workers of the Department of Homeland Security have taken nearly $15 million in bribes while being paid to protect the nation’s borders and enforce immigration laws.

No wonder our immigration system is so broken.

In order to address the internal issues, the department has hired more investigators, offered ethics training and is administering polygraph tests to new applicants, The Times reports.

The Times report does not include the gifts, trips or money that DHS employees have stolen, the editors note.

Once the inside corruption is taken care of, Donald Trump’s administration can get to work on building a wall along the southern border, install better aerial surveillance and send more agents down there to be on the patrol.

****

Wait, wait, wait….there are more implications. Every action has a reaction:

Reuters: Remittances to Mexico posted their biggest jump in over ten years in November in a possible reaction to the U.S. election victory of Donald Trump, who threatened to block the transfers and eroded confidence in the peso currency during the campaign.

Mexicans abroad sent home nearly $2.4 billion in transfers in November, 24.7 percent higher than a year earlier, marking their fastest pace of expansion since March 2006, according to Mexican central bank data on Monday.

President-elect Trump ran a campaign steeped in anti-Mexican rhetoric and threatened to halt transfers from Mexican nationals unless Mexico agreed to pay for the massive wall he has vowed to build on the U.S. southern border to keep out illegal immigrants.

Trump’s surprise Nov. 8 election triumph also sent the Mexican currency to record lows in a sell-off fueled by his threats to scrap a trade deal between Mexico and the United States, and to levy punitive tariffs on Mexican-made goods.

Goldman Sachs economist Alberto Ramos said in a client note the weak peso fanned the remittance surge, noting workers could be “strategically front-loading” transfers to avoid potential taxes or restrictions from the incoming U.S. administration.

The value of the remittances considerably exceeds that of Mexico’s oil exports, Ramos noted.

The payments from Mexicans living in the United States are a key source of income for many families in Mexico, where around half the population lives in poverty.

Bank BBVA Bancomer has forecast that those Mexicans will have sent a record $27 billion in remittances into Mexico in 2016, an increase of more than $2 billion over 2015.

Mexico’s central bank governor Agustin Carstens said last month that a rise in remittances was due to a weak exchange rate, more U.S. jobs and fears over Trump’s policies.

Mexico’s government said in November that it is ready to lobby the U.S. Congress and use all legal means possible to stop Trump blocking remittances.

He Was Deported 19 Times, Raped her on a Bus

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Seems we may have a district attorney or two that need to be sued, disbarred and jailed as accomplices. In fact this could have been done under edict by the White House and the Department of Justice.

WICHITA, Kan. (AP)— A Mexican man accused of raping a 13-year-old girl on a Greyhound bus that traveled through Kansas had been deported 10 times and voluntarily removed from the U.S. another nine times since 2003, records obtained by The Associated Press show.

Three U.S. Republican senators — including Kansas’ Jerry Moran and Pat Roberts — demanded this month that the Department of Homeland Security provide immigration records for 38-year-old Tomas Martinez-Maldonado, who is charged with a felony in the alleged Sept. 27 attack aboard a bus in Geary County. He is being held in the Geary County jail in Junction City, which is about 120 miles west of Kansas City.

U.S. Sen. Charles Grassley, from Iowa and chairman of the judiciary committee, co-signed a Dec. 9 letter with Moran and Roberts to Homeland Security Secretary Jeh Johnson, calling it “an extremely disturbing case” and questioning how Martinez-Maldonado was able to re-enter and remain in the country.

U.S. Immigration and Customs Enforcement said it has placed a detainer — a request to turn Martinez-Maldonado over to ICE custody before he is released — with Geary County. ICE declined to discuss his specific case beyond its October statement regarding the 10 deportations.

Court filings show Martinez-Maldonado has two misdemeanor convictions for entering without legal permission in cases prosecuted in 2013 and 2015 in U.S. District Court of Arizona, where he was sentenced to serve 60 days and 165 days respectively.

A status hearing in the rape case is scheduled for Jan. 10. Defense attorney Lisa Hamer declined to comment on the charge, but said, “criminal law and immigration definitely intersect and nowadays it should be the responsibility of every criminal defense attorney to know the possible ramifications in the immigration courts.”

Nationwide, 52 percent of all federal prosecutions in the fiscal year that ended Sept. 30 were for entry or re-entry without legal permission and similar immigration violations, according to Transactional Records Access Clearinghouse at Syracuse University.

It’s not unusual to see immigrants with multiple entries without legal permission, said David Trevino, a Topeka immigration attorney also representing Martinez-Maldonado. Most of Martinez-Maldonado’s family lives in Mexico, but he also has family in the United States, and the family is “devastated,” Trevino said.

“(President-elect Donald Trump) can build a wall 100 feet high and 50 feet deep, but it is not going to keep family members separated. So if someone is deported and they have family members here … they will find a way back — whether it is through the air, under a wall, through the coast of the United States,” Trevino said.

He declined to comment on his client’s criminal history and pending charge.

Records obtained by AP show Martinez-Maldonado had eight voluntary removals before his first deportation in 2010, which was followed by another voluntary removal that same year. He was deported five more times between 2011 and 2013.

In 2013, Martinez-Maldonado was charged with entering without legal permission, a misdemeanor, and subsequently deported in early 2014 after serving his sentence. He was deported again a few months later, as well as twice in 2015 — including the last one in October 2015 after he had served his second sentence, the records show.

ICE said in an emailed statement when it encounters a person who’s been deported multiple times or has a significant criminal history and was removed, it routinely presents those cases to the U.S. attorney’s office for possible criminal charges.

Cosme Lopez, spokesman for the U.S. attorney’s office for the District of Arizona, declined comment on why prosecutors twice dismissed felony re-entry after deportation charges against Martinez-Maldonado in 2013 and 2015 in exchange for guilty pleas on misdemeanor entry charges.

Arizona ranks third in the nation — behind only the Southern District of Texas and the Western District of Texas — for the number of immigration prosecutions among the nation’s 94 federal judicial districts for the fiscal year that ended Sept. 30, TRAC records show.

Moran told the AP in an emailed statement that the immigration system is “broken.”

“There must be serious legislative efforts to address U.S. immigration policy, and we must have the ability to identify, prosecute and deport illegal aliens who display violent tendencies before they have an opportunity to perpetrate these crimes in the United States,” he said.

**** And the FBI is putting out a warning: Hear the FBI podcast here.

Mollie Halpern: During this busy holiday travel season and beyond, the FBI is asking those who cross our nation’s borders, use airports, and other ports of entry to keep an eye out for border corruption.

Teresa Tampubolon: You just have to keep your eyes open and be situationally aware. And if you see a screener doing something they shouldn’t be, you see an official taking money—if you see something that’s suspicious, then you have to report it.

Halpern: That was Supervisory Special Agent Teresa Tampubolon, who says not only does border corruption lead to drug, weapon, and sex trafficking, it can jeopardize our country’s national security.

Tampubolon: National security is border security, it really is. To protect our nation, we’ve got to protect our borders, everything. National security is border security, and the threat is real.

Halpern: Don’t turn a blind eye. Report border corruption to the FBI at tips.fbi.gov. Support the effort on social media using #ReportBorderCorruption. With FBI, This Week, I’m Mollie Halpern of the Bureau.

 

You Need to Know who Neil Eggleston is….

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The most recent list is found here.

Obama’s views on presidential clemency reflect his political attitudes in office. As the first African-American president, he has shown particular concern for a judicial system that disproportionately jails minorities, generally young Hispanic or African-American men imprisoned for drug-related offenses.

 WaPo

“If we can show at the federal level that we can be smart on crime, more cost effective, more just, more proportionate, then we can set a trend for other states to follow as well,” Obama said after commuting the sentences of 95 prisoners last year. Obama is more concerned with righting what he sees as systemic injustices against more ordinary prisoners, with a special focus on non-violent, drug-related crimes. To this end, he created a system of lawyers during his term to sift out potential candidates for clemency from thousands of applicants in order to create a more fair system for potential pardon or commutation. They are assisted by the Clemency Project, which helps promising candidates apply for clemency. More here from CSM.

President Obama Grants 153 Commutations and 78 Pardons to Individuals Deserving of a Second Chance

by Neil Eggleston
Summary:
Today, the President granted clemency to 231 people who are deserving of a second chance.
President Obama greets inmates during a visit to El Reno Federal Correctional Institution in El Reno, Okla., July 16, 2015. (Official White House Photo by Pete Souza)
President Obama greets inmates during a visit to El Reno Federal Correctional Institution in El Reno, Okla., July 16, 2015. (Official White House Photo by Pete Souza)

Today, President Obama granted clemency to 231 deserving individuals — the most individual acts of clemency granted in a single day by any president in this nation’s history. With today’s 153 commutations, the President has now commuted the sentences of 1,176 individuals, including 395 life sentences. The President also granted pardons to 78 individuals, bringing his total number of pardons to 148. Today’s acts of clemency — and the mercy the President has shown his 1,324 clemency recipients — exemplify his belief that America is a nation of second chances.

President Obama has commuted 1,176 sentences, more than the last 11 presidents combined.

The 231 individuals granted clemency today have all demonstrated that they are ready to make use — or have already made use — of a second chance. While each clemency recipient’s story is unique, the common thread of rehabilitation underlies all of them. For the pardon recipient, it is the story of an individual who has led a productive and law-abiding post-conviction life, including by contributing to the community in a meaningful way. For the commutation recipient, it is the story of an individual who has made the most of his or her time in prison, by participating in educational courses, vocational training, and drug treatment. These are the stories that demonstrate the successes that can be achieved — by both individuals and society — in a nation of second chances.

Today’s grants signify the President’s continued commitment to exercising his clemency authority through the remainder of his time in office. In 2016 alone, the President has granted clemency to more than 1,000 deserving individuals. The President continues to review clemency applications on an individualized basis to determine whether a particular applicant has demonstrated a readiness to make use of his or her second chance, and I expect that the President will issue more grants of both commutations and pardons before he leaves office. The mercy that the President has shown his 1,324 clemency recipients is remarkable, but we must remember that clemency is a tool of last resort and that only Congress can achieve the broader reforms needed to ensure over the long run that our criminal justice system operates more fairly and effectively in the service of public safety.

Neil Eggleston is White House Counsel to the President.