Skip to comments.About Feds not allowing state leo's to deal with federal laws
Posted on 07/09/2010 1:15:48 PM PDT by Secret Agent Man
The federal government needs to be consistent in order to not be hypocritical and also adhere to the constitutional republic (rule of law).
We have Eric Holder, our black racist DOJ head, whose department has been told not to prosecute any blacks or minorities, going after Arizona on the basis states' LEOs cannot enforce/apprehend illegals because that is federal law.
Yet look at the multiple hypocrises:
1. Holder's DOJ, unhappy with the Oakland officer case ruling will now look at the case. Any doubt they will file federal charges against the white officer given their current policies? Damn straight, I'd bet all I have on it. feds feel they can butt in to state/local trials even when the state is taking care of it already.
2. Will Eric Holder now tell all local cops and sheriffs not to respond to bank robberies? Those are federal crimes. Will Eric tell all state/local law enforceent they cannot do that because that is outside their purvue?
3. Will Holder then bitch and say they will have to let all of these things go unsolved because they don't have the federal manpower to enforce them? This was the excuse they gave Arizona for not even trying to find or process illegals. Arizona said "we'll do that hard part for you" and the feds changed the excuse and said "you can't do that, only we can. And since we're not doing it, nobody can, and no illegals will be deported, and even if you find them, we still may not process and deport them."
It is time for new government, this one is failing in it's enumerated duties and also attempting to prevent other governments who want to deal with the obvious problems, to prevent them from solving the problems.
“2. Will Eric Holder now tell all local cops and sheriffs not to respond to bank robberies? Those are federal crimes. Will Eric tell all state/local law enforceent they cannot do that because that is outside their purvue? “
If US Citizens keep and observe their US Constitution and Bill of Rights obligations, then they can enjoy the fruits of their rights as US Citizens.
I think this is the bottom line on everything that’s happened and is happening.
Let’s not forget pot laws. Most enforcement of marijuana laws is enforcement of FEDERAL LAW. See how quick they change their tune when THAT isn’t enforced.
I don’t smoke, nor do I condone smoking of pot, but if they want to say states can’t enforce federal laws, why not play this card?
On a Constitutional basis, nothing usurps the ability of a state to defend itself. See
Another excellent example. Colorado is a “medical” pot State. Maybe we should ensure no enforcement of federal laws for pot whatsoever.
THanks, I thought so. Either the states help on all federal laws or none of them. You can’t aruge about priority, border/illegal immigrant issues are national security issues, national sovereignty issues, and are more important than even bank robberies.
If we can’t control our national border, why should anyone expect LEOs can control any other smaller area inside the country?
I think if the State and local governments stopped helping prosecute federal laws they might find a very large cost savings. Prosecuting federal law is expensive.
I have a question about the Oakland case. The officer in question has been convicted by jury in a local or state court. Does Federal prosecution of the same officer constitute double jeopardy?
They will prosecute on other charges, probably hate crime charges tied in with the shooting. Personally I wouldn’t know why since he’s been convicted, the only thing I can think of is that murder is also a federal crime and they will charge him in a federal court instead of a state court.
Under section 642(a) of IIRIRA, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.
No, a person can be tried of the same crime (if it is both a state and federal crime) at both the state and federal level even if he is found not guilty in one or the other trials.
Well, that is if we assume the Constitution a) matters, and b) will be followed.
This group rejects ‘a’ and therefore ‘b’ is *much* less likely.
feds make war on states to support drug cartels..Obama supports drug cartels against US citizens.
If the Feds will not protect the border, then the Feds must foot the bill for all costs incurred by the states and local governments for services that are required by the Feds to be provided to whomever shows up for such services. Medical care. Education. And the students of schools with large illegal immigrant populations should sue the Feds for not ensuring an educational environment in which American students are not left behind.
My one fear if Arizona loses this case in court, and state and local le begin refusing to enforce other federal laws, that there will be the “need” for a federal law enforcement agency.
If state and local LEOs cannot act on the basis of federal laws, and cannot follow laws of their own states that are in fact an outline of how to support federal immigration laws and agencies - how can they take part in an agreement that says they can take those same actions?
Yes and no.
No, for the reason Secret Agent Man posted - they will prosecute on "other charges", probably hate crime charges tied in with the shooting. They will pretend to themselves that this is not double jeopardy.
Yes, it's double jeopardy, for this simple reason. If they would have tried to fly this line of crap legal "reasoning" by one of the Founders, he would have pistol-whipped them before he shot them like a rabid dog.
Could you imagine what the British would have done to the rebellious colonists with a tool like this? Charge after endless charge, just because they could, and all the while a sh*t-eating smirk on their faces, intoning: "Well, that charge is different".
And just where does the FEDERAL Government get the money to give back to the states? From you and me....this is not the solution
The only solution is to secure the borders, prosecute the people that hire the illegal invaders and what self-deportation does not fix, round them up and ship them out.
You can be tried of the same crime at the state level and the federal level. It is very simple. Murder - state crime, Murder - federal crime, same crime - two different charges, two different trials. Does not happen much but it does. Remember Michael Vick?
If any sueing should be going on, it should be the states sueing the fed.
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