John Morganelli, District Attorney for Northampton County, Pa., probably had no idea what he was in for last week when his office appeared before Judge Leonard Zito for the conviction and sentencing of 27 individuals accused of using false and stolen social security numbers.Morganelli’s investigators had worked for months to prosecute the group, 14 of which had not simply used false social security numbers, but had stolen and used the social security numbers of law-abiding people.
But although every one of the defendants pleaded guilty, Judge Zito refused to impose any period of incarceration, nor did he fine the defendants. Zito based his decision on the fact that the defendants were all illegal aliens, remarking that they should never have been arrested in the first place because the men committed the crimes “strictly for the purpose of working.”
Zito’s decision not to administer the law not only demonstrates how politicized the bench has become in recent years, but is another example of a wave of judicial activism in which judges have used their positions not just to interpret and apply existing law, but, according to many critics, to legislate from the bench. The most high profile example of this has been the Massachusetts Supreme Court rulings on gay marriage, which in effect legalized unions the legislature had not.
In fact, the wide passing of ballot initiatives banning gay marriage in states across the country on Nov. 2 is believed by many observers to be, at least in part, an expression of the public's lack of confidence in the courts.
This lack of confidence is based on the hard reality that there are now certain courts that have a reputation for “interpreting” the law in a way that is reliable and favorable to certain groups. This is one of the reasons that opponents of the Pledge of Allegiance’s reference to God went to a court within the 9th Circuit when they brought an action against schools to strike god from the Pledge on 1st Amendment grounds.
Citizens, however, do have some tools to combat such political activism on the bench. In almost all states, any judge who states on the record that he or she refuses to follow prevailing law violates a code of judicial conduct. This can result in sanction and can, in particularly egregious cases, removal from the bench.
A judge with an agenda, though, usually has developed ways to protect himself. Several years ago, a judge hearing a string of abortion protest cases was fond of saying “The laws of the State of New York do not apply here, my law applies here,” but directing the court stenographer to turn off her equipment first.
Seeking a writ of mandamus (search), which compels action by an official, is also something that an ordinary citizen can attempt, though the circumstances in which a judge can be compelled to make a desired decision are extremely limited if they exist at all. Aside from being overturned on appeal, judges do their jobs with surprisingly few checks on the decisions they make, and appellate courts (search) give judges like Northampton County’s Zito wide latitude in sentencing.
This is one of the main reasons that the ballot initiative (search) has taken off in recent years. In days after Nov. 2, every major media outlet discussed the influence of gay marriage ban initiatives (search) on voter turnout. People, it seems, are hungry to create the laws at the voting booth that their legislatures will not, and are concerned about how the courts will fill any void or gap in the law.
By Monday morning of this week, Judge Zito’s sentencing decision was being spoken of among at least one group of men looking for work in North Hampton. Let's hope they won't "interpret" his decision as a ready-made defense for the crime of identity theft.
District Attorney John M. Morganelli has cited the INS as being grossly uncooperative in going after immigration violators. “Unfortunately, while the influx of illegal aliens continues at full throttle, as a local prosecutor I can honestly say that there is little to no help from the federal government concerning this issue,” Morganelli said. He told of a case involving 12 illegal aliens committing identity fraud using Social Security numbers. Yet immigration agents “discourage this type of investigation,” he said.
Last week on Bill O'Reilly, Morganelli cited an example of the inability or unwillingness of the INS to assist him, if the illegals are Mexican.
Before I get in to this post, I would like to make it clear that while I have no personal issues with individuals who come in to this country and become a legal citizens. My beef is with the people who come in (and not just from Mexico) and expect to live off of our tax dollars.
The United States of America is a country made up of all kinds of people. All nationalities, all races. BUT, this is The United States of America. It is not Mexico, it is not Canada, or China, or Japan, or Iraq, or Russia.
Today, a version of the Star Spangled Banner was released in Spanish. Ok, this pisses me off. If you went to any of the countries I mentioned earlier and asked them to allow an English version of their national anthem, we would be would be laughed out of there country.
Yet it is permissible to do this here. Oh, but we cannot complain about anyone being in our country illegally.
From FOXnews:
MIAMI — British music producer Adam Kidron says that when he came up with the idea of a Spanish-language version of the U.S. national anthem, he saw it as an ode to the millions of immigrants seeking a better life.But in the week since Kidron announced the song — which features artists such as Wyclef Jean, hip-hop star Pitbull and Puerto Rican singers Carlos Ponce and Olga Tanon — it has been the target of a fierce backlash.
Some Internet bloggers and others are infuriated by the thought of the "Star-Spangled Banner" sung in a language other than English.
"Would the French accept people singing the La Marseillaise in English as a sign of French patriotism? Of course not," said Mark Krikorian, head of the Washington-based Center for Immigration Studies, a think tank that supports tighter immigration controls.
Today President Bush came out against the Spanish version with the following:
"I think the national anthem ought to be sung in English, and I think people who want to be a citizen of this country ought to learn English and they ought to learn to sing the national anthem in English."He made his remarks on the matters during a wide-ranging briefing with reporters.
"I think people who want to be citizens of this country ought to learn English," Bush said.
Well I don't understand something then, if Bush is pro English, then why would we need a version of the White House website written in Spanish? It's not written in any other language.
H/T Michelle Malkin for the pic.
President Bush, practice what you preach and have the Spanish of your website removed.
I wrote a post on the L.A. Immigration Protest that is supposed to take place on Monday, May 1st. There are a couple of individuals who left comments on that post that are seriously raising the question of how many Mexicans are in agreement with Osama bin Laden?
I normally do not engage with individuals who comment on my blog, but I felt I must disclose this...
i can only hope you country burns in hell.. and that the US Immigration Office burns too, with YOUR heritage.oh by the way, not only Osama wants ya'll dead.. so watch your back.
you live in your fancy "world" only because you have them wetbacks working their asses off for you.. and you have us the REAL americans buying your products, but HEY that's not gonna happen anymore, if you don't sell you will crash.. or what? can you support that too?
all i can say is F U K America.. thanks for giving me the Freedom of speech assholes... there's my email for anyone with enough brains to write.
|| Posted by Xavier, April 27, 2006 08:31 AM ||
Xavier invites anyone who wants to write: e_xavier_@hotmail.com
It appears that Xavier has a follower:
Yeah!! that's my man Xavi! You heard it bithces, watch your asses. May 1st, you will not believe your eyes when you see ALL the real cultures standing together in such a beautiful cause. I hope, and i strongly believe it will give very good results. || Posted by CuTY, April 27, 2006 08:38 AM ||
CuTY left the following contact information: c_u_t_y_@hotmail.com
While I am not posting their IP address, both IP's are located in Mexico.
Folks, the time has come. We MUST secure our borders. Otherwise, our next act of terrorism could very easily come from a country we thought to be somewhat friendly...
...if I will be treated in Mexico as they are treated here??? I received this as a joke from a friend, but it tells a true story.
Dear President Bush:I'm about to plan a little trip with my family and extended family,
and I would like to ask you to assist me. I'm going to walk across
the border from the U.S. into Mexico, and I need to make a few
arrangements. I know you can help with this.I plan to skip all the legal stuff like visas, passports,
immigration quotas and laws. I'm sure they handle those things the
same way you do here.So, would you mind telling your buddy, President Vicente Fox, that
I'm on my way over? Please let him know that I will be expecting
the following:1. Free medical care for my entire family.
2. English-speaking government bureaucrats for all services I might
need, whether I use them or not.
3. All government forms need to be printed in English.
4. I want my kids to be taught by English-speaking teachers.
5. Schools need to include classes on American culture and history.
6. I want my kids to see the American flag flying on the top of the
flag pole at their school with the Mexican flag flying lower down.
7. Please plan to feed my kids at school for both breakfast and
lunch.
8. I will need a local Mexican driver's license so I can get easy
access to government services.
9. I do not plan to have any car insurance, and I won't make any
effort to learn local traffic laws.
10. In case one of the Mexican police officers does not get the
memo from Pres. Fox to leave me alone, please be sure that all
police officers speak English.11. I plan to fly the U.S. flag from my house top, put flag decals
on my car, and have a gigantic celebration on July 4th. I do not
want any complaints or negative comments from the locals.
12. I would also like to have a nice job without paying any taxes,
and don't enforce any labor laws or tax laws.
13. Please tell all the people in the country to be extremely nice
and never say a critical word about me, or about the strain I might
place on the economy.I know this is an easy request because you already do all these
things for all the people who come to the U.S. from Mexico. I am
sure that Pres. Fox won't mind returning the favor if you ask him
nicely.However, if he gives you any trouble, just invite him to go quail
hunting with your V.P.Thank you so much for your kind help.
Sincerely,
SR
Looks like the illegal aliens who are being caught are then deported or let go on bond. Yeah, that make sense to me. Let them go on bond; "Honest your honor, I will show up for court and deportation". Oh yeah, I have a nice piece of property in downtown Manhattan I am looking to sell too, cheap!
Michelle Malkin has a piece that talks about this very issue.
Of the 1,187 detained workers, 275 have already been deported to Mexico. The rest are being processed for deportation, although many may be released on bond.
We either need to get serious about illegal aliens from all countries, or just open our borders.
It appears that the City of Los Angeles is potentially going to experience a rough day. There is a plot being planned to shut down L.A. Michelle Malkin has a great post on this topic. Read it hear. You may want to go out of your way to avoid the L.A. region.
Apparently, May 1st is the day in which many individuals are planning an immigration boycott.
Here is the letter from their homepage:
Event Details: Support the Fight for Immigrant Workers' Rights Justice for Hurricane Katrina Survivors The People United Will Never Be Defeated!Dear Sisters and brothers,
We call on you to endorse and organize for the May 1 Great American Boycott 2006 in support of Amnesty and full rights for undocumented workers called by the March 25th Coalition Against HR4437 and many other immigrant organizations. (The May 1 national call is included below). In NYC, The May 1 Great American Boycott 2006 Coalition will rally and march on Monday, May 1 starting at 4:00 pm in UNION SQUARE, on 14th Street in Manhattan.
Be in the Streets on April 10, the national day of action in support of immigrant rights, and in NYC on April 29 for the March for Peace, Justice, and Democracy - and then on to May 1.
This is an issue that all working people and progressive organizations must embrace. The struggle for immigrant rights is a vital part of the struggle against racism and repression, and for the full rights of all working people. Let's all be in the streets on May 1 in support of the call coming from the Los Angeles March 25th Coalition Against HR4437. Organize local protests on May 1. Organize boycotts and student walkouts. Connect local issues that you're organizing around with the struggle for Immigrant Rights. We strongly encourage all who are organizing May 1 events to make sure that their program and demands reflect solidarity with immigrant workers and Hurricane Katrina Survivors. Let's build on the unity and momentum. To Endorse the NYC May 1st Action...
The NY Area May 1 Great American Boycott Supporters
Un llamado en apoyo al 1? de mayo de 2006
"El Gran Paro Americano" por Derechos InmigrantesReuni?n y Marcha
Lunes 1? de mayo
4:00 pm
Union SquareRespalde la lucha por derechos de obreros inmigrantes
Justicia para sobrevivientes del hurac?n Katrina
?El Pueblo Unido Jam?s ser? vencido!Queridas Hermanas y Hermanos,
Le invitamos a endosar y a organizar para "El Gran Paro Americano 2006" ?ste 1? de mayo en apoyo a amnist?a y derechos completos por trabajador@s indocumentad@s llamado por March 25th Coalition Against HR4437 y muchas otras organizaciones inmigrantes. (El llamado nacional del 1? de mayo es incluido abajo). En la ciudad de Nueva York, la coalici?n del 1? de mayo del Gran Paro Americano 2006 se reunir? y marchar? el lunes 1? de mayo comenzando a las 4:00 P.M. en "UNION SQUARE" en la calle 14 en Manhattan.
Mant?nganse en las calles el 10 de abril, el d?a nacional de acci?n respaldando derechos inmigrantes, tambi?n el 29 de abril en la ciudad de Nueva York en la marcha por la Paz, Justicia, y Democracia - y luego al 1? de mayo.
?ste es un asunto que todo el pueblo obrero y organizaciones progresivas deben abrazar. La lucha por derechos inmigrantes es una parte vital de la lucha contra el racismo y la represi?n, y por derechos completos del pueblo trabajador. Tod@s estemos en las calles el 1? de mayo en apoyo al llamado que viene de la coalici?n de Los ?ngeles llamado March 25th Coalition Against HR4437. Organicen protestas locales ?ste 1? de mayo. Organicen paros y huelgas estudiantiles. Hagan esos enlaces de asuntos locales que usted est? organiz?ndose con la lucha por derechos inmigrantes. Animamos fuertemente a tod@s l@s que est?n organizando los acontecimientos del 1? de mayo que est?n cierto que su programa y demandas reflejen solidaridad con trabajador@s inmigrantes y sobrevivientes del hurac?n de Katrina. D?jenos construir en la unidad y la energ?a. Para Endosar la acci?n del 1? de mayo en NYC...
Partidarios Del Gran Paro Americano 1? de Mayo ?rea Nueva York
Hopefully the city and local businesses are making the necessary preparations to handle this. Also, I am sure there will be MANY illegals aliens present. I can only hope that the US Immigration Office is present.
United States of America Los estados unidos de América.
I have not gotten in to the Immigration piece as many of my fellow bloggers have already done a great job writing about it.
I wrote a post about the Kids Walking Out Of School. But other than that, I have not gotten in the mix. But I must say that this is becoming increasingly ridiculous.
Here is a peek in the future courtesy of The Sacramento Republicrat crystal ball:
Here is our country now:
Here is our country before too long:
H/T: Wuzzadem (for the pics)
We need to have U.S. Immigration on stand by for these protests and marches. I would suspect that after a couple of marches and the U.S. Immigration cleaning house, people that are in this country illegally would re-consider protesting and marching.
Lastly, I have been hearing grumblings about communities and individuals not wanting to display the US flag. In certain communities they say they should be able to fly their home countries flag in place of Old Glory. Here's what I say to that:
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