Felons disguised as lawmakers hold America hostage
Michael Berry
U.S. Veteran Journalist
In an unprecedented attempt to blatantly usurp Constitutional authority from the federal government, lawmakers in California on September 16th passed Senate Bill 54, with a 27-11 vote along party lines, which limits state and local law enforcement communication with federal immigration authorities and prevents officers from questioning and holding people on immigration violations. This bill was signed into law by California’s Governor Jerry Brown on October 5th.
Regardless of the staunch opposition from Republican sheriffs or threats from the Trump administration that this action has faced, California lawmakers have chosen to directly violate federal law and impose their views upon the Nation.
Under Title 8, U.S. Code § 1324 a person (including a group of persons, business, organization or government) commits a federal felony when he harbors, encourages, or aids in the commission of either offense. The criminal nature of the action holds true whether the person did so knowingly or simply by the reckless disregard of the fact.
“Harboring – Title 8, U.S.C. § 1324 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 -- Title 8, U.S.C. § 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 -- Title 8, U.S.C. § 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.”
Penalties include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Provisions in the law allow for harsher penalties when such action result in serious injury or death.
“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.”
Charging an ordinary citizen with violating a federal law is a fairly simple process. A local prosecutor simply refers the case to a federal prosecutor who, after review, presents a criminal complaint to a Federal Magistrate Judge who determines if there is probable cause. Unlike a civil case, the person referring the case to the federal court must be acting under the authority of the U.S. Attorney General.
But what happens when politicians or ranking officials violate federal laws? In the case of Hilary Clinton, the director of the FBI simply drafts a memo in advance stating his investigation showed no evidence. In the case of political adversaries, politicians demand the appointment of special prosecutors charging them with the mission of finding violations regardless of evidence.
The question then becomes, how does the average citizen force accountability upon these legislators and ranking officials?
Average citizens do not have the means nor ready access to vast media conglomerates like those they are trying to hold accountable. Average citizens don’t have vast networks of people nor do they have large scale platforms to express their views.
Average citizens can vote, yet those they believe need to be held accountable control the time, structure, and methods of elections. So how can they initiate change?
In the case of runaway politicians from other states trying to impose their views, like those in California and similar states, the old adage “give me a lever and a place to stand and I will move the world” comes to mind.
To institute change and force accountability, average citizens must leverage the system which they do have access and encourage that system to act. For most, this system is that of local and state government.
States, like the Federal government and most other governmental bodies, cannot be sued by individuals; however, suits can be brought against a State by another State. Moreover, Under Article III, Section 2 of the United States Constitution, the Supreme Court of the United States has original jurisdiction over cases between states…. thus, by-passing the fickle U.S. circuit courts which have confused, delayed, and often attempted to legislate from the bench.
True change will only begin by average citizens uniting together and urging their state government to fight back against other states’ intrusion upon federal law and against other states attempting to impose their will upon the entire nation.
Average citizens are being harmed (i.e. increased threat of terror, increased spending, economic instability, etc.), by the actions of the California State lawmakers. Average citizens are being harmed by the multiple frivolous lawsuits being filed by California’s and other state’s Attorney Generals aimed at disrupting the Constitutional powers of the Federal government and forcing their political view upon all states in this Nation.
State Attorney Generals from all the “fly-over” states should be filing suit against California State and other like-minded states causing this harm to their residents. They should be seeking recovery of tax payer dollars their states have been forced to spend protecting its citizens from the actions being taken by these other states. The additional law enforcement dollars Texas, Missouri, and other “flyover” states are having to spend because California, Washington, New York wants open borders. The additional cost to life caused by these same states passing laws to harbor, encourage, and aid illegal immigrants who repeatedly sneak across our border committing heinous acts against U.S. citizens.
With so many states facing budget issues, State Attorney Generals should be jumping at the opportunity to recover the hard-earned tax dollars its citizens are being intimidated into spending to provide social welfare programs for the troves of illegal immigrants being encouraged to unlawfully enter and remain in this great Nation because of actions such as the California lawmakers have taken.
How does the average citizen force accountability? They call their State legislators, Governors, Attorney Generals and demand the State use its vast power to protect them from the unwanted and illegal intrusions being thrust upon them by these leftist states. Demand they sue to protect them and recover hard-earned dollars in the U.S. Supreme Court and maybe, just maybe, when these offending states are forced to face the reality that their actions have real repercussions; they will stop the political game play and stop trying to force their will upon the Nation.
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