Something to think about...
Is this not the normal procedure? A crime is committed, the criminal identified, the criminal is arrested, then brought to trial and punishment declared. Even if the crime were not committed, you could be arrested for conspiracy to commit a crime. Has not Obama committed a crime? Should he be arrested? Yes, impeachment can follow his trial! No man is above the law!
Commentary by Norman E. Hooben
When
elected officials are accused of crimes of any nature (or conduct unbecoming of
the office) the initial response is a denial and generally no one goes to jail
(i.e. Bill Clinton’s “I did not have sex with that woman.”). We won’t discuss the crimes that these
pillars of society may be suspicious of because the way they cover their
tracks it only leads to more suspicion without definitive proof (i.e. the
Bill and Hillary Clinton’s involvement in Vince Foster’s death and other
unsolved murders). On rare occasions there
is enough evidence against the perpetrator that he or she will resign from the
office they were elected to serve. This
occurred with former Vice President of the United States, Spiro Agnew. Agnew was caught (apparently, red-handed)
collecting kick-back payments from some real estate transactions:
Throughout the fall of 1973 Agnew maintained his innocence.
He explored the possibility of taking
his case to the House of Representatives and starting the impeachment process
in order to avoid an indictment. By October 1973 Agnew and his lawyers were
aware that the government had a very strong case. Privately, according to
Agnew, the Nixon White House pressured him to resign. Multiple individuals testified that they had
paid kickbacks to Agnew during his tenures as County Executive, Governor, and
Vice President. On October 10, 1973 Agnew resigned the vice presidency and pled
nolo contendere (“no contest”) to tax evasion at U.S. Federal Court in
Baltimore. A judge sentenced Agnew to
three years’ probation and a $10,000 fine. See Spiro Agnew and the Golden Age of Corruption in Maryland Politics
Agnew gets off scot-free (Without consequences or penalties.)…the $10,000
fine was miniscule compared to the kick-backs and ‘probation’ is not a
punishment, just a warning. Compare the
politic elite with the average citizen and you have the average Joe getting
caught and serving hard time in such places as Lompoc Federal Prison (I brought
this up because I personally know of such a case.).
Now we have a so-called President of the
United States breaking the law and not even the smartest among the elected have
any clue as to what to do about it. We
can even hear some of them repeating that famous line from Theodore Roosevelt, “No
man is above the law.” While the perpetrator
himself brags openly that he will act without the consent of Congress.
I will not rehash all the laws Obama has
broken but I will remind the people (and the Congress) that there is already a
law on the books that should be enforced immediately concerning the aiding and
abetting of illegal aliens. And if no
man is above the law then Obama should be arrested immediately…not impeached,
arrested! Here’s a quick glimpse at the law:
The Law (see complete summary below)
Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).
The Penalty
Penalties -- The basic statutory maximum penalty for violating 8 U.S.C. § 1324(a)(1)(i) and (v)(I) (alien smuggling and conspiracy) is a fine under title 18, imprisonment for not more than 10 years, or both.
The following from World Net Daily
Ex-border agents: Immigrant flood 'orchestrated'
'We are not gullible enough to believe thousands came without aid and assistance'
An
organization of former Border Patrol agents Wednesday charged that the federal
government, under the administration of President Obama, is deliberately
arranging for a flood of immigrant children to arrive in America for political
purposes.
“This is not a humanitarian crisis.
It is a predictable, orchestrated and contrived assault on the compassionate
side of Americans by her political leaders that knowingly puts minor illegal
alien children at risk for purely political purposes,” said the statement
released by the National Association of Former
Border Patrol Officers.
“Certainly, we are not gullible
enough to believe that thousands of unaccompanied minor Central American
children came to America without the encouragement, aid and assistance of the
United States government,” the officers said.
“Anyone that has taken two six- to
seven-year-old children to an amusement park can only imagine the problems
associated with bringing thousands of unaccompanied children that age up
through Mexico and into the United States.”
More than 33,000 have been caught in
Texas alone over the last eight months, the report said, overwhelming Border
Patrol capabilities.
A federal judge even concluded the
White House “has simply chosen not to enforce … border security laws.”
FoxNews.com
reported this week Arizona Gov. Jan Brewer calls the situation a
“creation” of the federal government, and Sen. Jeff Sessions, R-Ala., assigned
blame for the “calamity” to Obama.
Fox News reported it had obtained a
memo from an official with Customs and Border Protection who said the current
policies are serving as an incentive for illegal aliens to sneak into the U.S.
“If the U.S. government fails to
deliver adequate consequences to deter aliens from attempting to illegally
enter the U.S., the result will be an even greater increase in the rate of
recidivism and first-time illicit entries,” said Ronald Vitiello, a deputy
Border Patrol chief.
Officials say among Obama’s policies
that are attracting illegals is his instructions for “deferred action” for
young illegals. Recently, the federal government said it was hunting for
lawyers to provide legal help to children who are in the U.S. illegally.
The White House is asking for $1.4
billion more for the illegal-alien children, which by some estimates will grow
to 150,000 next year.
The former Border Patrol agents said
the campaign is a “political deception,” and the responsibility rests with the
political leaders who support “a path to citizenship, regularization or any
other form of amnesty for illegal aliens before providing for full protections
for national security (jobs and economy) and public safety (the right of the
people to be secure in their property and person).
The officers argue that the
non-enforcement of immigration laws is “the next step in becoming a failed
state.”
“Yes, our leaders are guilty. However,
we are responsible because it is the American voter [who] has placed
untrustworthy people in positions of power and kept them there when they have
clearly demonstrated that they have violated that public trust.
“These successful con artists are well
dressed, attractive and charming,” the statement said.
The officers even questioned whether
“this heartless criminal exploitation of Central American infants and children
[will] finally awaken Americans to the ruse being foisted upon them by their
government, the media and other interested parties.”
“Has America lost her ability to stand
up against the tyrants and do what is right rather than what is easy?
Obviously, this administration thinks you are as corrupt as they are and will
vote them back into office or these young children would not be streaming into
America to tug at your hearts and empty your heads of reason,” the statement
said.
White House spokesman Josh Earnest this
week said the Federal Emergency Management Agency is leading an effort to
respond to the illegal alien children arriving in the U.S. He said many are
“escaping abuse or persecution” and are being sent to locations in Texas and
Oklahoma.
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1907 |
Title 8, U.S.C. § 1324(a) Offenses |
Title 8,
U.S.C. § 1324(a) defines several distinct offenses related to aliens.
Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation
of unauthorized aliens, concealing or harboring unauthorized aliens,
encouraging or inducing unauthorized aliens to enter the United States, and
engaging in a conspiracy or aiding and abetting any of the preceding acts.
Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized
aliens to the United States in any manner whatsoever, even at a designated
port of entry. Subsection 1324(a)(3).
Alien
Smuggling -- Subsection 1324(a)(1)(A)(i) makes it an offense for any person
who -- knowing that a person is an alien, to bring to or attempts to bring to
the United States in any manner whatsoever such person at a place other than
a designated port of entry or place other than as designated by the
Commissioner, regardless of whether such alien has received prior official
authorization to come to, enter, or reside in the United States and
regardless of any future official action which may be taken with respect to
such alien.
Domestic
Transporting -- Subsection 1324(a)(1)(A)(ii) makes it an offense for any
person who -- knowing or in reckless disregard of the fact that an alien has
come to, entered, or remains in the United States in violation of law,
transports, or moves or attempts to transport or move such alien within the
United States by means of transportation or otherwise, in furtherance of such
violation of law.
Harboring
-- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who --
knowing or in reckless disregard of the fact that an alien has come to,
entered, or remains in the United States in violation of law, conceals
harbors, or shields from detection, or attempts to conceal, harbor, or shield
from detection, such alien in any place, including any building or any means
of transportation.
Encouraging/Inducing
-- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who --
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.
Conspiracy/Aiding
or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to
engage in a conspiracy to commit or aid or abet the commission of the
foregoing offenses.
Bringing
Aliens to the United States -- Subsection 1324(a)(2) makes it an offense for
any person who -- knowing or in reckless disregard of the fact that an alien
has not received prior authorization to come to, enter, or reside in the
United States, to bring to or attempts to bring to the United States in any manner
whatsoever, such alien, regardless of any official action which may later be
taken with respect to such alien.
The
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), enacted
on September 30, 1996, added a new 8 U.S.C. § 1324(a)(3)(A) which makes it an
offense for any person, during any 12-month period, to knowingly hire at
least 10 individuals with actual knowledge that these individuals are
unauthorized aliens. See this Manual at 1908 (unlawful employment of aliens).
Unit of Prosecution -- With regard to offenses
defined in subsections 1324(a)(1)(A)(i)-(v), (alien smuggling, domestic
transporting, harboring, encouraging/inducing, or conspiracy/aiding or
abetting) each alien with respect to whom a violation occurs constitutes a
unit of prosecution. Prior to enactment of the IIRIRA, the unit of
prosecution for violations of 8 U.S.C. § 1324(a)(2) was each transaction,
regardless of the number of aliens involved. However, the unit of prosecution
is now based on each alien in respect to whom a violation occurs.
Knowledge
-- Prosecutions for alien smuggling, 8 U.S.C. § 1324(a)(1)(A)(i) require
proof that defendant knew that the person brought to the United States was an
alien. With regard to the other violations in 8 U.S.C. § 1324(a), proof of
knowledge or reckless disregard of alienage is sufficient.
Penalties -- The basic statutory maximum penalty for violating 8 U.S.C.
§ 1324(a)(1)(i) and (v)(I) (alien smuggling and conspiracy) is a fine under
title 18, imprisonment for not more than 10 years, or both. With regard to
violations of 8 U.S.C. § 1324(a)(1)(ii)-(iv) and (v)(ii), domestic
transportation, harboring, encouraging/inducing, or aiding/abetting, the
basic statutory maximum term of imprisonment is 5 years, unless the offense
was committed for commercial advantage or private financial gain, in which
case the maximum term of imprisonment is 10 years. In addition, significant
enhanced penalties are provided for in violations of 8 U.S.C. § 1324(a)(1)
involving serious bodily injury or placing life in jeopardy. Moreover, if the
violation results in the death of any person, the defendant may be punished
by death or by imprisonment for any term of years. The basic penalty for a
violation of subsection 1324(a)(2) is a fine under title 18, imprisonment for
not more than one year, or both, 8 U.S.C. § 1324(a)(2)(A). Enhanced penalties
are provided for violations involving bringing in criminal aliens, 8 U.S.C. §
1324(a)(2)(B)(i), offenses done for commercial advantage or private financial
gain, 8 U.S.C. § 1324(a)(2)(B)(ii), and violations where the alien is not
presented to an immigration officer immediately upon arrival, 8 U.S.C. §
1324(a)(2)(B)(iii). A mandatory minimum three year term of imprisonment
applies to first or second violations of § 1324(a)(2)(B)(i) or (B)(ii).
Further enhanced punishment is provided for third or subsequent offenses.
COMMENT:
Further discussion of offenses defined in 8 U.S.C. § 1324(a) is set forth in
Chapter 3 of Immigration Law, published as part of the Office of Legal
Education's Litigation Series, and as part of the USABook computer library.
[cited in USAM 9-73.100] |
3. ...and this
Somebody ought to go to jail...watch this ↓