Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

About Feds not allowing state leo's to deal with federal laws
self | 7-9-2010 | Secret Agent Man

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.


TOPICS: Government; Politics
KEYWORDS: aliens; arizona; feds; sovereignty; statesrights

1 posted on 07/09/2010 1:15:51 PM PDT by Secret Agent Man
[ Post Reply | Private Reply | View Replies]

To: Secret Agent Man

“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? “

Excellent question.


2 posted on 07/09/2010 1:19:02 PM PDT by CodeToad ("Idiocracy" is not just a movie.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Secret Agent Man

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.


3 posted on 07/09/2010 1:23:11 PM PDT by HighlyOpinionated (SPEAK UP REPUBLICANS, WE CAN'T HEAR YOU YET! IMPEACH OBAMA!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CodeToad

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?


4 posted on 07/09/2010 1:23:44 PM PDT by HushTX (quit whining)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Secret Agent Man

On a Constitutional basis, nothing usurps the ability of a state to defend itself. See

http://www.americanthinker.com/2010/07/arizonas_constitutional_war_po.html


5 posted on 07/09/2010 1:33:23 PM PDT by bestintxas
[ Post Reply | Private Reply | To 1 | View Replies]

To: HushTX

Another excellent example. Colorado is a “medical” pot State. Maybe we should ensure no enforcement of federal laws for pot whatsoever.


6 posted on 07/09/2010 1:39:55 PM PDT by CodeToad ("Idiocracy" is not just a movie.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: CodeToad

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?


7 posted on 07/09/2010 1:41:43 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Secret Agent Man

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.


8 posted on 07/09/2010 1:44:46 PM PDT by CodeToad ("Idiocracy" is not just a movie.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Secret Agent Man

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?


9 posted on 07/09/2010 1:44:46 PM PDT by Fred Hayek (FUBO! I salute you with the soles of my shoes!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Fred Hayek

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.


10 posted on 07/09/2010 1:48:07 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Secret Agent Man
From this 2007 link....

House Passes Drake Amendment to Eradicate Sanctuary Cities

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.”

11 posted on 07/09/2010 1:50:12 PM PDT by mewzilla (Still voteless in NY-29. Over 250 roll call votes missed and counting...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Fred Hayek

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.


12 posted on 07/09/2010 2:00:03 PM PDT by DCrockett53
[ Post Reply | Private Reply | To 9 | View Replies]

To: bestintxas
The Governor of Arizona should recall all members of the Arizona National Guard from Iraq and Afghanistan in order to defend the state from an armed incursion by citizens of a foreign power on the state of Arizona. She should also request that the federal government assist her as required by Article IV Section 4 of the Constitution: "The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion;"
13 posted on 07/09/2010 2:05:11 PM PDT by reg45
[ Post Reply | Private Reply | To 5 | View Replies]

To: DCrockett53

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.


14 posted on 07/09/2010 2:09:51 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Secret Agent Man

feds make war on states to support drug cartels..Obama supports drug cartels against US citizens.


15 posted on 07/09/2010 2:13:17 PM PDT by dalebert
[ Post Reply | Private Reply | To 1 | View Replies]

To: Secret Agent Man

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.


16 posted on 07/09/2010 2:36:14 PM PDT by petitfour (Are you a Dead Fish American?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Secret Agent Man

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.


17 posted on 07/09/2010 3:04:05 PM PDT by Necrovore (Please check your spelling and grammar before posting folks.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Secret Agent Man
I think the most immediate and obvious result of Holder/Soetero getting the verdict they want would be virtual nullification of all existing agreements between state LEO and ICE.

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?

18 posted on 07/09/2010 3:17:37 PM PDT by norton
[ Post Reply | Private Reply | To 1 | View Replies]

To: Fred Hayek; Secret Agent Man; DCrockett53
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?

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".

19 posted on 07/09/2010 5:28:41 PM PDT by an amused spectator (Watching the MSM with Obama is like watching Joslyn James with Tiger Woods)
[ Post Reply | Private Reply | To 9 | View Replies]

To: petitfour

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.


20 posted on 07/10/2010 3:42:06 AM PDT by eartick (Been to the line in the sand and liked it)
[ Post Reply | Private Reply | To 16 | View Replies]

To: an amused spectator

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?


21 posted on 07/10/2010 11:34:12 AM PDT by DCrockett53
[ Post Reply | Private Reply | To 19 | View Replies]

To: CodeToad

If any sueing should be going on, it should be the states sueing the fed.


22 posted on 07/14/2010 6:15:24 PM PDT by rfreedom4u ("A patriot must always be ready to defend his country against his government.")
[ Post Reply | Private Reply | To 2 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson