Thread: ‘A Dereliction of Duty! Hannity Takes on Rep. Luis Gutierrez Over Securing the Border

‘A Dereliction of Duty!’ Hannity Takes on Dem. Rep. Over Securing the Border



by Fox News Insider // Sep 16 2014 // 10:48pm
As seen on Hannity

Video at the page link:

Sean Hannity tonight took on Rep. Luis Gutierrez (D-Ill.) over the southern border.

A senior Homeland Security official confirmed that ISIS may be attempting to enter America through the southern border. Still, Gutierrez said that 2,000 jihadists with ISIS aren’t going to cross the border – they’re going to enter with visas.
Gutierrez also said that the border can’t be secured without immigration reform.

---

Hannity Lashes Out at 'Dull' GOP: 'They're Playing It Safe, Not Inspiring Americans'

---

“If you can pass a bill to secure the border first, would you support that?” Hannity asked.
"No! Because it would be folly. It would be folly and I would be derelict in my duty to protect America,” he said.
“If you don’t do it, it’s a dereliction of duty,” Hannity fired back. “Secure the border!”

---

‘4,000 Americans Died for What?’ Hannity Takes on Ex-NM Gov. Who ‘Applauds’ Obama on ISIS

---

Hannity continued, “If something happens, I will blame members of Congress for not doing their job.”
Watch the fiery exchange above.

Posted in: // Luis Gutierrez // Immigration Reform // ISIS


http://foxnewsinsider.com/2014/09/16...-over-securing

Dereliction of duty

From Wikipedia, the free encyclopedia

Dereliction of duty is a specific offense under United States Code Title 10,892. Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform his duties (or follow a given order) or has incapacitated himself in such a way that he cannot perform his duties. Such incapacitation includes the person falling asleep while on duty requiring wakefulness, his getting drunk or otherwise intoxicated and consequently being unable to perform his duties, shooting himself and thus being unable to perform any duty, or his vacating his post contrary to regulations. Article 92 also applies to service members whose acts or omissions rise to the level of criminally negligent behavior. The first such case charged occurred during World War II, when Army Air Force Lieutenants William Sincock and Theodore Balides were court-martialed for dereliction of duty when they mistakenly dropped bombs on Zürich, a city of Switzerland, which was a neutral country during that war. Both men were later acquitted.^[1]
Contents

[hide]

• 1 Details
• 2 Proving Dereliction
• 3 Sentinel / Lookout
• 4 Examples: Non-Judicial Punishment
  
  • 4.1 Failure to Follow Instructions and Directives
  • 4.2 Misuse of Government Property
  
  
• 5 Example: Court-Martial
  
  • 5.1 United States v. Allen Lawson 33 M.J. 946
  
  
• 6 References

Details[edit]

In the U.S. Uniform Code of Military Justice (UCMJ), dereliction of duty is addressed within the regulations governing the failure to obey an order or regulation.^[2]

§ 892. Art. 92. Failure to obey order or regulation
Any person subject to this chapter who— ... (3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.

Punishment can include sanctions up to and including the death penalty (in times of war). Outside of wartime, the maximum punishment allowed is a Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year (10 years for service members receiving special pay under 37 USC 310^[3]).^[4]
Proving Dereliction[edit]

In order to prosecute a service member under Article 92, the government must prove beyond a reasonable doubt that the service member knew (or should have reasonably known) his duties and that he was either, through neglect or culpable inefficiency (i.e., being inefficient without just cause), derelict in the performance of those duties.^[5]
A duty is imposed in any one of the following ways:^[5]

• via a treaty,
• statute,
• regulation,
• lawful order,
• standard operating procedure, or
• custom of the service

That the service member possessed actual knowledge of his duties may be proved via:^[5]

• regulations,
• training / operating manuals,
• academic literature,
• testimony of service members who held similar positions,
• customs of the service

Sentinel / Lookout[edit]

UCMJ Article 113 ("Misbehavior of sentinel") includes components of behavior^[6] that are, in themselves, examples of dereliction of duty:^[4]

1. Drunk while on post
2. Sleeping while on post
3. Leaving one's post without being properly relieved

Examples: Non-Judicial Punishment[edit]

Failure to Follow Instructions and Directives[edit]

Both a Staff Sergeant and an Airman First Class stationed at Seymour Johnson Air Force Base had their pay reduced by $300 and $200 pay per month, respectively, for two months, when their actions resulted in a delayed launch and subsequent aircraft shutdown. They were found guilty of failing to follow Air Force Instruction 21-101, Air Force Policy Directive 31-3, and Technical Order 00-20-1. They were also given 14 days extra duty and had a reprimand inserted into their files.^[7]
Misuse of Government Property[edit]

An Airman First Class stationed at Seymour Johnson Air Force Base was reduced to Airman when she received non-judicial punishment for dereliction of duty. She was found to have charged over $700 on her Travel Card for personal uses.^[7]
Example: Court-Martial[edit]

United States v. Allen Lawson 33 M.J. 946[edit]

In August 1988, Marine Lance Corporal Jason Rother died on a desert exercise at 29 Palms, California. First Lieutenant Allen Lawson was charged and convicted of dereliction of duty for disobeying orders (to submit a roster of posted Marines and locations to his superior officer, Captain Edwards) and for failing to post two subordinates as a pair (as ordered by the battalion commander, Lieutenant Colonel Robeson).^[8]
References[edit]

• Jump up ^Helmreich, Jonathan (Summer 2000). "The Diplomacy of Apology: U.S. Bombings of Switzerland during World War II". Aerospace Power Journal. Air University. Retrieved 2010-12-09.
• Jump up ^"United States Code: Title 10,892. Art. 92. Failure to obey order or regulation". Legal Information Institute. Cornell University Law School. 2010-02-01. Retrieved 2010-12-09.
• Jump up ^"37 USC 310 - Sec. 310. Special pay: duty subject to hostile fire or imminent danger". vLex. Retrieved 2010-12-09.
• ^ Jump up to: ^ab"UCMJ - Article 113—Misbehavior of sentinel or lookout". About.com US Military. Retrieved 2010-12-09.
• ^ Jump up to: ^abcTurner, Lisa (2000-09-06). "The Articles of War and the UCMJ". Vortices. Aerospace Power Journal. Retrieved 2010-12-09.
• Jump up ^"United States Code: Title 10,913. Art. 113. Misbehavior of sentinel". Legal Information Institute. Cornell University Law School. 2010-02-01. Retrieved 2010-12-09.
• ^ Jump up to: ^ab4th Fighter Wing legal office (2007-04-11). "15 SJ Airmen punished for UCMJ infractions". The Official Website of Seymour Johnson Air Force Base. United States Air Force. Retrieved 2010-12-09.
• Jump up ^Filbert, Brent; Kaufman, Alan (1998). "Military Crimes". Naval law: justice and procedure in the sea services. Naval Institute Press. pp. 102–105. ISBN978-1-55750-462-3. Retrieved 2010-12-09.

http://en.wikipedia.org/wiki/Dereliction_of_duty

Conservative Lady

[Watch] Slippery Rep Gutierrez – Would Be Dereliction of Duty to Secure Border Without Amnesty




[Watch] Slippery Rep Gutierrez – Would Be Dereliction of Duty to Secure Border Without Amnesty
Sean Hannity interviews one of those Democrats that have perfected the art of conversation monopoly. Rep Luis Gutierrez ranks up there with Debbie...
gopthedailydose.com

[Watch] Slippery Rep Gutierrez – Would Be Dereliction of Duty to Secure Border Without Amnesty

Posted on 16 September, 2014 by Rick Wells



Sean Hannity interviews one of those Democrats that have perfected the art of conversation monopoly. Rep Luis Gutierrez ranks up there with Debbie Wasserman-Shultz in his ability to turn what should be a free exchange of ideas into a painful, anxiety-filled lecture.
Hannity shows a clip from Senate Homeland Security and Governmental Affairs Committee hearings in which a senior DHS official acknowledges the threat of ISIS crossing the southern U.S. border. He recaps a meeting that he sat in on with Governor Rick Perry of Texas in which they discussed the capture of individuals from Syria, Yemen, Afghanistan and Pakistan, all countries with significant terrorist populations.
Hannity says he now views not controlling our border as a dereliction of duty by our elected officials and asks Gutierrez if he agrees.
Gutierrez says controlling our border is paramount to our security and cites statistics of the number of Border Patrol agents on the border. The problem is that just because someone is working for the Border Patrol does not mean they are protecting the border. Changing diapers only protects against diaper rash. Posting agents thirty to one hundred miles inland only creates an enforcement-free buffer around the country.
Gutierrez tries to shift the discussion to the issue of visa overstays or legal passage into the country in order to deflect attention from the risk open borders pose and the resulting threat to his project of repopulating America with Hispanics.
Hannity attempted once again to corral the Congressman, asking him if he doesn’t view the ease of transit to potential terrorists as a real threat to the United States. “Amnesty Luis” slips into his “comprehensive reform bill that McCain voted for” dodge, and then continues to talk about a variation of the question, a diversion that creates the means by which he fails to ever answer it.
Hannity gives him one more chance, saying, “You can pass a bill, secure the border first, would you support that?” Gutierrez replies emphatically, “No, because it would be folly. It would be folly and I would be derelict in my duty to protect America.”
Hannity says, “You’re demanding amnesty.” Gutierrez says it sounds great to which Hannity replies, “It doesn’t sound great, if you don’t do it it’s a dereliction of duty.”
Amazingly, Gutierrez just happens to have an excerpt from the 9/11 commission report to support his claim that the only thing to be concerned with is visa overstays, that terrorists wouldn’t consider actually crossing into the U.S. across an open border.
Hannity says he is fine with doing both, but that if something happens, he will blame the members of Congress for not doing their job, which seemed to strike a nerve with Amnesty Luis, who then attributed the Hannity position to a desire for ratings.
Rep Gutierrez asserted that it’s wrong to cast dispersions about people, which in this case means exposing the truth about them.
Gutierrez said he would be derelict in his duty if he supported border security without holding the nation hostage to get his amnesty passed. That is clearly because his duty is to shepherd the influx of a maximum number of Hispanics into the United States. Securing the nation would prevent him from carrying out that duty. Terror strikes within the country are a small price to pay for the socialist Democrat’s fundamental transformation.

Video at the page link:

Watch the latest video at http://video.foxnews.com

Rick Wells is a conservative writer who recognizes that our nation, our Constitution and our traditions are under a full scale assault from multiple threats. Please “Like” him on Facebook, “Follow” him on Twitter or visit www.rickwells.us


http://gopthedailydose.com/2014/09/1...thout-amnesty/