Thread: Why doesn't Trump prosecute under section 1324 Title 8 of the US code??

It would seem obama could also be charged with obstruction of justice over his two amnesties. There are agencies trying to catch illegal aliens and then the president tells millions of these criminals they are free to live and work here even though the LAW says they can do neither.

Originally Posted by Boomslang

OK, I stand corrected. Can Trump simply direct the AG to look into cases where alien sheltering or alien comfort is given in any way.
From what I understand from studying law, The Feds are the limit. It should be so easy to get a warrant for people that leave water in the desert or anyone that interferes with a law enforcement operation (Mrs. California Mayor). This should be a "slam dunk" as that punchable face on MSNBC, Rachel Maddow, would say.
(No I wouldn't punch her/him/them, it's just an expression)

According to his tweets, Trump asked/ordered DOJ to investigate/prosecute the Mayor for Obstruction of Justice.

What Trump says or Tweets and what actually happens are two vastly different things. We've witnessed that time and time again.

There are so many members of Congress that should be prosecuted under this statute.. people like McCain, Graham, Denham, etc...

Originally Posted by Text Driving Is Deadly

What? You saying the WH doesn't even know about this statute??? That's pretty hard to believe.

Trump tweeted he wanted DOJ to pursue Obstruction of Justice charges against the Mayor. So either they don't the aiding and abetting statute could apply to the Mayor or reviewed and decided the Obstruction of Justice charges were more applicable.

Originally Posted by Boomslang

But if I kidnapped someone and brought them to another state, The US Marshall, FBI, State Police, county sheriffs and city cops, Park Rangers, Constables and regular citizens would be trying to catch me. What court could I go to, in order to get a "more favorable" judicial system?

Since you went over state lines, it is a federal matter. And as you say "The US Marshall, FBI, State Police, county sheriffs and city cops, Park Rangers, Constables and regular citizens would be trying to catch me." But that is about apprehension! The question you ask is about prosecution. As we have seen, every judge has a different opinion about what some law means. We have 9 District courts who give opposing opinions. Even the 9 Supreme Justices are not in agreement on many laws.

We are supposed to be "A Nation Of Laws". But we allow courts to make up their own laws, which shouldn't be. But we, as a nation, must agree in order to fix that, and we don't. So we remain an imperfect union!

Originally Posted by Boomslang

These US Presidents, including the one today and going back as far as you can remember, have you ever heard of anyone being prosecuted under US Code Paragraph 8, Sections 1324, 1325 and 1252c?

Laws are meant to be obeyed. Many people don't want a reason to prosecute under them. And when it comes to public employees, they treat each other as royalty, which the Founders frowned on. So they give each other a pass. Again, as long as we allow them the power, they will abuse it. Once we start holding them accountable under these laws, the need to hold them accountable under these laws will go away. I think if Nixon had gone to jail, we wouldn't have had to Impeach Clinton. Knowing he would end up in jail, he wouldn't have done most of what he did. But from the time he was AG in Arkansas, he felt he was above the law. And nobody held him accountable.

Originally Posted by Boomslang

I constantly hear people refer to the Attorney General as the Top Cop of the country. The POTUS is the top law enforcement officer. The POTUS can bring charges to your door.

Wrong! The President is the Chief Executive. There is little he does directly, He delegates authority to those under him. But his power over them is limited to firing them. But as you can see, although he has the authority to fire Mueller, many in Congress (and the media) got all riled up and wanted to make a law preventing him from doing what he Constitutionally has the authority to do. So he has to do the Politically Correct thing in order to keep the peace.

Originally Posted by Boomslang

If he can't charge people with a crime, why does he have the power to pardon crimes?

I believe that wasn't the intent the Founders had in mind. It, like many "powers" has been used over time, and people, not challenging it, allowed it to become the standard. I think the power to pardon was about war, the fact that an enemy trying to kill us, may have been following orders. So The Founders felt it was appropriate to forgive crimes committed under the color of war.

Who is the highest ranking law enforcement officer in the country?


The highest-ranking law enforcement official within a system; the sheriff is the chief law enforcement officer of a county, the attorney general is the chief law enforcement officer of a state, and the U.S. attorney general is the chief law enforcement officer of the United States.

Chapter 5 Flashcards | Quizlet

https://quizlet.com/98164927/chapter-5-flash-cards/

A sheriff is a policing law enforcement agency that has no power to prosecute or defend laws.. Attorney Generals prosecute and defend laws. They are not the same and shouldn't be. You don't want or shouldn't want the same people or organizations serving as both the police and the prosecutor in domestic criminal law.

Send comments to AG Jeff Sessions. I don't expect miracles---they have just begun draining the swamp and it IS a big department. Comment form here:https://www.justice.gov/doj/webform/...rtment-justice

And also for a subject I have posted quite a lot about. Here is an article regarding foreign agency affecting US officials and law enforcement. The US DOJ does operate the Foreign Gents Registration Unit to curb foreign influence on our government. This article points out that Mueller's indictments of Russians for political interference may lead the way to a reinvigorated FARA Unit. This office has been little used and they usually send out only a warning letter, but they can prosecute and fine and have done so at times. Why not ask Sessions to also reinvigorate the Foreign Agents Registration Act, also?

Mueller Indictment May Be Bad News for Illegal Aliens

By Ruth Papazian| February 21st, 2018

S

pecial Counsel Robert Mueller’s 37-page indictment against three Russian entities and 13 Russian individuals may have legal implications for illegal aliens residing in the United States, and could serve as grounds for deportation.
Mueller accuses the Russian nationals of “knowingly and intentionally conspiring to defraud the United States” by hindering the functions of the Federal Election Commission (FEC), the Department of Justice (DOJ), and the Department of State for “the purpose of interfering with the U.S. political and electoral processes, including the presidential election of 2016.”



The introduction of the indictment lays out the theory of the case against the Russians:

The United States of America . . . regulates the activities of foreign individuals and entities in and affecting the United States in order to prevent, disclose, and counteract improper foreign influence on U.S. elections and on the U.S. political system. U.S. law bans foreign nationals from making certain expenditures or financial disbursements for the purpose of influencing federal elections. U.S. law also bars agents of any foreign entity from engaging in political activities within the United States without first registering with the Attorney General. And U.S. law requires certain foreign nationals seeking entry to the United States to obtain a visa by providing truthful and accurate information to the government. Various federal agencies, including the Federal Election Commission, the U.S. Department of Justice, and the U.S. Department of State, are charged with enforcing these laws.

The indictment charges the defendants with working in concert to travel to the United States under false pretenses, and to steal identities of U.S. citizens to create email accounts and establish fake social media accounts so they could publish content and organize political rallies using false personas. Flouting the Federal Election Commission’s ban on foreign money in electioneering communications, they also conspired to conceal their political expenditures by funneling them through PayPal and other online financial entities (wire fraud and bank fraud), and failed to register with the Justice Department as foreign agents.
But Russians aren’t the only foreign nationals working to interfere in United States affairs. Many are here illegally, are politically active in grassroots organizations, post on social media, and attend protest marches. In fact, it’s fairly commonplace. Mexican and other foreign nationals participate in all kinds of activities to influence public opinion and government policy, just as the Russians named in Mueller’s indictment allegedly did. Many of them may be colluding with their governments to evade our laws and subvert their enforcement.

While the scope of the political activity permitted to illegal aliens under 2 U.S.C. §441e(contributions and donations by foreign nationals) and the First Amendment has not been resolved by the courts, illegal aliens clearly are subject to the same restrictions as the defendants in the indictment.
The defendants are accused of “knowingly and intentionally conspir[ing] to defraud the United States by impairing, obstructing, and defeating the lawful functions of the Federal Election Commission, the U.S. Department of Justice, and the U.S. Department of State in administering federal requirements for disclosure of foreign involvement in certain domestic activities.”
Delving into the particulars of each of the eight counts:

• Internet Research Agency (IRA), Concord Management and Consulting, and Concord Catering were indicted for conspiring to defraud the United States under 18 U.S.C. §371, by obstructing the lawful functions of the FEC in administering the Federal Election Campaign Act (FECA) ban on foreign expenditures for electioneering communications, the DOJ in administering theForeign Agent Registration Act(FARA) and the U.S. Department of State in issuing non-immigrant visas. Yevgeniy Viktorovich Prigozhin, who owned these companies, and a dozen high-ranking managerial employees were also charged in this count.
• IRA and employees Dzheykhun Nasimi Ogly Aslanov and Gleb Igorevich Vasilchenko were indicted for conspiring under 18 U.S.C. §1349 to commit wire fraud under 18 U.S.C. §1343 and bank fraud under 18 U.S.C. §1344.
• IRA and employees Dzheykhun Nasimi Ogly Aslanov, Gleb Igorevich Vasilchenko, Irina Viktorovna Kaverzina and Vladimir Venkov were indicted on six counts of aggravated identity theft under 18 U.S.C. §1028A.
  

Based on the theory of the case, foreign nationals in the U.S. illegally, as well as those who aid and abet them in evading deportation, could also be charged with similar offenses under 18 U.S.C. §§371 and 1028A:

• Noncitizens who overstay their visas have defrauded the State Department if they didn’t truthfully divulge their intentions to a U.S. consular officer when they applied for nonimmigrant visa.
• The number of noncitizen adults who illegally registered to vote was estimated between 800,000 and 2.2 million in 2013. A 2014 study by professors of political science at Old Dominion University and George Mason University found that “non-citizen voting likely changed 2008 outcomes including Electoral College votes and the composition of Congress.” Illegal aliens who have registered to vote in the U.S. and/or have voted in elections have defrauded the FEC.
• Illegal aliens routinely purchase Social Security numbers, green cards, birth certificates, and other fake documentation to create false personas to apply for jobs, fraudulently claim tax credits on state and federal tax forms, and apply for Federal Housing Administration-backed loans. In addition to aggravated identity theft, they are committing perjury on W-9 forms and tax forms—and are involved in a conspiracy to defraud the United States.

Since 2009, courts have ruled that using false documentation to obtain work is not grounds for immediate deportation—but being party to a criminal conspiracy to obtain and use a phony social security number could be considered “a crime of moral turpitude,” as it is “a continuing offense.”
Going by the charges in Mueller’s indictment, purchase and use of false documentation is a conspiracy to use fraud and deceit to impair, obstruct, and defeat the lawful functions of the State Department, the Department of Justice, the IRS, and the Social Security Administration, among other government agencies. Also complicit in these crimes are:

• Developers of smartphone apps and text messaging services that warn illegal aliens when U.S. Immigration and Customs Enforcement (ICE) officers are conducting sweeps at homes, workplaces or traffic checkpoints are interfering with the lawful functions of the Department of Homeland Security and of ICE.
• City and state legislators who have enacted legislation or ordinances to create sanctuary jurisdictions, and the officials who enforce policies that thwart the lawful functions of ICE, are conspiring to defraud the United States. Foremost among them are lawmakers and officials in California, which enacted legislation to become a “sanctuary state.”

Earlier this month, several immigration rights groups filed a suit against ICE alleging the agency is “unconstitutionally using its power to suppress political dissent by targeting outspoken immigration activists for surveillance and deportation,” reports The Hill. The complaint states: “The Government’s targeting of activists on the basis of their core political speech is unfair, discriminatory, and un-American. And it violates the First Amendment.”
Based on the theory of Mueller’s case, they could be charged with several of the same felonies under 18 U.S.C. §371, which may strengthen the case for deporting them and other illegal aliens. And a host of state and local officials, grassroots organizations and others who impede the enforcement of federal immigration law, or abet identity theft and other fraud, could theoretically be prosecuted for 18 U.S.C. §371 offenses as well.

https://amgreatness.com/2018/02/21/m...llegal-aliens/

Originally Posted by Judy

A sheriff is a policing law enforcement agency that has no power to prosecute or defend laws.. Attorney Generals prosecute and defend laws. They are not the same and shouldn't be. You don't want or shouldn't want the same people or organizations serving as both the police and the prosecutor in domestic criminal law.

Judy you are 100% correct but you know the truth as well as I do.

When I was in law enforcement, the "legal side" worked very closely with us. The DA went to our Christmas parties.

I won't go as far as to call the system the C-word (corrupt), but there is some mold on that bread.