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Archive for the ‘Cheeto Mussolini’ Category

ICE is transferring 1,600 people detained pending administrative removal to Federal prisons. Note that these people have not been arrested. The term “arrest” means that they’ve been charged with a crime. Instead, they’ve been detained, pending appearance before an administrative law judge who will rule whether they are subject to removal or not.

This is not a trivial distinction. You cannot place someone into a Federal prison unless they have been indicted for a crime, or have been convicted of a crime. These immigrants have not been indicted for a crime — they haven’t been charged with a crime at all, because that would require the Federal government to provide them with a lawyer and due process rights as guaranteed by the Constitution, which requires due process and provision of a lawyer if you’re going to charge someone with a crime. Instead, they have been scheduled to appear before an administrative law judge pending administrative removal, which gets around that whole Constitution thing by *not* being a punishment, it’s just returning the person back to where they came from. The administrative detention in a civilian detention facility is not a punishment, it’s part of a removal process wherein people who have been cited for being here without authorization are temporarily held pending their hearing. They can waive their hearing and be removed immediately, so under the law they’re there voluntarily.

But that’s a civilian detention facility, which, I might point out, is not a prison and is not a punishment for a crime. A prison is a prison and is a punishment for a crime. Punishing someone by putting them in prison without an indictment, lawyer, or due process is a violation of the 4th, 5th, and 6th amendments of the Constitution, which applies, I might remind you, to *all* people on US soil regardless of their citizenship (the Supremes have ruled on this repeatedly). But I guess the Constitution is just a piece of paper as far as the regime of Orange Julius Caesar is concerned.

— Badtux the Constitutional Penguin

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At least, that’s what his lawyer Gooniani says, and what he has tweeted.

Methinks that Mad King Trump’s role model is this:

Except King Joffrey was less petulant.

Apparently “it’s not illegal if the President does it” has become the guiding principle of Republican rule. Huh. Why am I not surprised.

— Badtux the “Was he elected President, or King?” Penguin

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So, Cheetoh Mussolini tweeted that it wasn’t him separating children from their mothers at the border. It was them mean Democrats and laws they’d passed. That is, of course, a bald-faced lie. So: What *IS* the truth, anyhow? Does the law require separating children from parents suspected of illegal immigration at the border?

A: No. Parents who are apprehended at the border are detained pending administrative deportation. They are not being jailed or put into prison, because they are not being charged with a crime. There is no law stating that children and parents cannot be detained in the same location.

CBP deliberately does not charge immigrants apprehended at the border with a crime, because being charged with a crime triggers Constitutional protections. Specifically, the Constitution guarantees a right to indictment by a grand jury, right to an attorney, and the right to a trial by jury for all Federal criminal charges. An administrative proceeding, on the other hand, can occur before a magistrate judge in an administrative hearing and incurs no right to a trial by jury, because the immigrant is not being punished, the immigrant is simply being removed back to where he/she came. CBP would rather not be tied down with having to put together grand juries and trials by jury and find lawyers for all these immigrants. Especially the lawyer part. They prefer their immigrants to be unrepresented by a lawyer, because that makes it easier to conduct a show trial whose sole goal is to deport the immigrant as swiftly as possible. Having to deal with a real trial in front of a jury in a Federal court, as vs a hearing before a magistrate judge, would bring the whole process to a standstill.

In cases where an immigrant is charged with a crime and is punished by being placed in jail or prison, children must be removed and placed with child protective services or a relative. That is because the Constitution does not allow jailing or imprisoning someone unless they have been charged with or convicted of a crime, and in general the children have neither been charged with nor convicted of a crime. This isn’t a law that Democrats passed. This is the Constitution. But as pointed out above, immigrants detained at the border aren’t being charged with a crime, they’re merely being held for administrative deportation. Being administratively detained has nothing to do with being punished, thus it’s perfectly legal for a child to be placed with a mother who is administratively detained. These detention camps may *look* like jails, but, legally, they are not.

So that’s the truth of the matter — there is no, zero, law requiring that children of parents who are being administratively detained be separated from those parents. This is because administrative detention is not a punishment, under the law. It is merely the temporary housing of those who are waiting for an administrative removal proceeding. In fact, until recently it was policy that women and children be placed together in ICE family detention facilities while waiting for their immigration hearings. It is only recently that a deliberate policy of ripping apart families and sending off the kids to foster care was instituted — a policy resulting in over 1500 children who cannot be located, children who may or may not be safe with relatives, who may or may not have been sold to the highest bidder via child trafficking.

– Badtux the Immigration Penguin

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So, you have the former director of the FBI saying this:

“I honestly never thought these words would come out of my mouth, but I don’t know whether the current president of the United States was with prostitutes peeing on each other in Moscow in 2013,” Comey said. “It’s possible, but I don’t know.”

And you have the news media following the aftermath of the raid on Twitler’s lawyer’s office, allegations that his fellow oligarchs paid off former mistresses, and so forth.

What to do, what to do….

Oh yeah, that thing.

So, Cheeto Mussolini fired off $224M worth of Tomahawk missiles at Syria to distract from all the bad news coming out about him. Meanwhile, Flint, Michigan, needs only $55M to replace its pipes so it’s no longer poisoning children.

But apparently a dictator poisoning his own people somewhere overseas is more important than our own children getting poisoned. Make America first! TruMp! tRump! TrUMp!

Yeah, are we tired of all this winning yet?

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That was my week last week, thus the long delay. Yes, I’m still alive. Just very, very busy, between working long hours and writing the modern Russian novel.

It was the week from hell from the viewpoint of the country, too. President Dumpster Fire set off a trade war, apparently out of spite. Despite everybody from car makers to beer manufacturers telling him that his tariffs on aluminum will cause prices to go sky high and force them to move manufacturing out of the USA, he did it anyways — right after his close friend and former economic advisor Carl Icahn dumped his steel stocks.

This is the same Donald Trump who says he wants to be President for Life. Given his age and weight, let’s hope that life isn’t too long. Cheeto Mussolini, indeed.

Meanwhile, the Russia probe continues to swirl around the Orange Racist Russian Stooge. Former Trump Aide Sam Numberg says he’s going to defy the grand jury subpoena that he received. Hope he looks good in stripes! But in public comments on various news shows he said Trump’s close advisor Carter Page was colluding with the Russians and was a “scumbag” and a “weird dude”. And said well, he probably was going to cooperate anyhow, since he doesn’t look good in stripes. Ya think?

Meanwhile, Roy Moore says he needs donations because he spent all his money running for the Senate. Here, Roy, here’s my donation. I’m giving you back everything that you’ve given everybody else who needs money:

And, of course, conservatives have delayed a bill to prevent child marriage in Kentucky. Because being able to marry your neighbor’s 13 year old daughter that you got pregnant via rape is family values, not pedophilia. Can we just call them the Grand Old Pedophile party, now?

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I’ve been working 16 hour days the past few days fixing some stuff that needed fixing ASAP. Not going to talk more about that, other than to mention that Amazon has killed the performance of their platform with fixes intended to improve security, and move on.

So anyhow, we learned this week that Cheeto Mussolini doesn’t know the definition of the word “treason”. In case you’re wondering, it’s the one and only crime defined in the Constitution:

Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

So basically: If you’re giving aid and comfort to our nation’s enemies in some overt act, then it’s treason. So, let’s see what Cheeto Mussolini thinks is treason:

Not clapping along with the Republicans during the State of the Union address.

Err…. looking for that in the Constitution… not finding it….

But hey, the Constitution is just a piece of paper anyhow, right? Right?!

– Badtux the Snarky Penguin

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Well, everybody knows that Republicans hate unions, right?

I didn’t watch the State of the Uniom(sic) address tonight, or its followups (though I accidentally caught a bit of Bernie Sanders sounding like Grampa Simpson yelling at clouds while flipping around). I presume I didn’t miss anything?

– Badtux the Not-watching Penguin

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