Have nothing to do with the [evil] things that people do, things that belong to the darkness. Instead, bring them out to the light... [For] when all things are brought out into the light, then their true nature is clearly revealed...

-Ephesians 5:11-13

Tag Archives: law

Tax-reform Plan Called “Tremendous” by Trump, “Fake Math” by Schumer

This article appeared online at TheNewAmerican.com on Thursday, September 28, 2017:

In unveiling the tax reform “framework” cobbled together by the Trump administration, the House Ways and Means Committee, and the Senate Finance Committee on Wednesday, President Trump called it “tremendous”: “This is a tremendous change, and the biggest winners will be the everyday American workers as jobs start pouring into our country, as companies start competing for American labor and as wages start going up [to] levels you haven’t seen in many years.”

On cue, House Minority Leader Nancy Pelosi (D-Calif.) expressed her concerns about deficits, perhaps for the first time in her political career:

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Why Did the Judge Acquit a St. Louis Police Officer of Killing a Black Man?

This article appeared online at TheNewAmerican.com on Monday, September 18, 2017:

The decision on Friday to acquit a white St. Louis police officer in the fatal shooting of a black man back in December 2011 predictably set off rioting in the city. It didn’t occur to the rioters that, according to the evidence in the case, Officer Jason Stockley’s use of force was reasonable, to defend his own life against potentially lethal threat exhibited by Anthony Lamar Smith. It didn’t matter that the judge found that the state failed to prove its allegation that the gun found in Smith’s Buick that night was deliberately planted there by Stockley.

It didn’t matter that Judge Timothy Wilson has ruled both for and against the police during his 28 years on the bench. It didn’t matter that he is highly regarded by his peers, that he is viewed as an unbiased judge who has no ideological ax to grind except to get the facts straight and make the decision proper under the circumstances.

None of that mattered. Once Wilson’s decision was filed late Friday afternoon, the BLM rioters and their useful idiots brought out their pre-printed signs and started destroying property. When police arrived to quell the unrest, BLM thugs and others encouraged by them started attacking the police.

Much of the mainstream media have been willing — too willing — to uncritically circulate the anti-cop narrative that a white police officer should have been found guilty of murder for killing a supposedly unarmed black man, without including in their news accounts the evidence showing otherwise. Put simply: The white cop was guilty. Guilty. GUILTY! Let the rioting begin!

Yet the facts in the case tell a different story.

And the facts were examined by more than just Judge Wilson.

The FBI investigated the shooting right after it occurred, and never filed charges. The Civil Rights Division of Obama’s Department of Justice (DOJ) investigated, and never filed charges. An internal investigation by the St. Louis Police Department revealed that Stockley violated a rule that had nothing to do with the case, and sanctioned him for that. No other charges were filed against Stockley until the spring of 2016, more than five years after the incident, when then-Circuit Court Attorney Jennifer Joyce charged Stockley with first degree murder and armed criminal action by allegedly planting a gun in Smith’s vehicle.

For Judge Wilson, his ruling is clear: Stockley is innocent of both charges and he is now free to get on with the rest of his life. Said Stockley, after learning that the charges against him had been dismissed, “It feels like a burden has been lifted … my main concern now is for the first responders [in St. Louis],  the people just trying to go to work and the protesters. I don’t want anyone to be hurt in any way over this.”

Wilson is held in high regard in St. Louis. Jack Garvey, a lawyer and former judge himself, told the St. Louis Dispatch: “He’s very methodical and a very objective judge. He really will review everything before be makes a decision. I don’t think he’s ideological in any way. He just takes each case as they come to him.” Joel Schwartz, a defense attorney, added: “He’s been in St. Louis and has seen thousands of cases and understands evidence … my feeling on Judge Wilson is he’s a man who will do the right thing.” Another defense lawyer in St. Louis, Terence Neihoff, said: “Over the years he’s been remarkably consistent. He doesn’t just automatically believe the police.”

In his decision, Judge Wilson began by reviewing the constraints under which he operates: “A judge shall not be swayed by partisan interests, public clamor or fear of criticism”, adding that “a fair, impartial and independent judiciary requires that judges decide cases according to the law and facts, without regard to whether particular laws or litigants are popular or unpopular with the public, the media, government officials, or the judge’s friends or family.”

Wilson then described what happened. When Stockley and another officer, Brian Bianchi, exited their police vehicle to investigate a suspected drug transaction in a parking lot,  “Smith rapidly pulled forward … then frantically drove his Buick backward into the marked police vehicle twice, before speeding away at a high rate of speed.” Stockley testified that before the Buick exited the parking lot, he heard Bianchi yell “gun,” “indicating Smith had a gun in the car,” and that he (Stockley) also saw a gun. Stockley was struck in the arm by Wilson as he fled.

Stockley and Bianchi got back into their vehicle and pursued Smith, who, Wilson recounted in his decision, “drove at speeds up to 87 miles per hour, on wet roads, endangering other drivers and pedestrians. The pursuit ended when Smith drove into oncoming traffic and was bumped from behind by the police vehicle being driven by Brian Bianchi.”

Stockley got out of the police vehicle and approached Smith, who was still in the Buick. Wilson described what happened next:

Stockley told Smith to “show me your hands” repeatedly, but Smith continued reaching around [inside his vehicle]. Suddenly, Smith’s demeanor changed, around fifteen seconds after Stockley reached the driver’s window, when Smith reached between the seats, and Stockley said he thought Smith had retrieved the gun.

 

Stockley reached for his [service revolver] and stepped back because he was scared Smith would pull up his hand and shoot him. Stockley then fired several shots at Smith, which ultimately resulted in Smith’s death.

 

Judge Wilson reiterated what the dashcam video from the police cruiser, along with other video testimony provided by observers that night, revealed:

Stockley approached the driver’s side, appeared to attempt to open the door and, as testified to by the State’s own witnesses, ordered Smith to open the door and to show his hands. Stockley also warned another officer to “watch his hands.” It was not until fifteen seconds after Stockley arrived at the driver’s side door, that he unholstered his service revolver and fired several shots in succession.

What about the “planting” charge? DNA evidence indicated that Stocley had touched the gun, but Wilson noted that Stockley quite properly unloaded Smith’s weapon after the shooting, placing the empty firearm and the rounds on the passenger seat. Of course, if Wilson had actually planted the gun, as opposed to rendering the gun safe, he would have had to bring it to Wilson’s car to begin with. Regarding this scenario, Wilson concluded that, if the gun were planted, Wilson would have been observed with the gun. Wilson wrote:

Stockley can be seen on all sides while walking around the two vehicles [the Buick and adjacent police vehicle]. Stockley does not have a jacket on over his blue police uniform. There is no gun, other than his holstered service revolver, visible in his hands, in his pockets or tucked inside his belt, and there is no bulge from a gun in any pocket.

Later in his decision, Wilson added:

The gun [found in the car] was a full size revolver and not a small gun, such as a derringer, that can fit in the palm of one’s hand or into the side pocket on a pair of pants without vbeing obvious. Stockley was not wearing a jacket; if he had such a gun in his possession it would have been visible on the cell phone video. The gun was too large to fit entirely within any of the pockets on the pants he was wearing, there was no bulge in any pocket indicating a gun within the pocket, and the gun would have been visible if it was tucked into his belt.

Also, Wilson noted that “one obvious question the State made no attempt to answer was how Anthony Smith could have been short in the left lower abdomen by a person standing outside the car if Smith was simply sitting in the driver’s seat.” Wilson then referred to expert testimony of the doctor who conducted the autopsy, who “testified that the wounds in Smith’s left flank could indicate that Smith was reaching for something to his right at the time the wounds occurred.”

The state argued that a statement made by Wilson, and captured on audio, during the high-speed chase indicated that Officer Stockley intended to kill Smith. However, Wilson reasoned in his decision:

Commencing in the parking … when Anthony Smith rammed into the police vehicle twice, and then struck Stockley’s arm with the car while fleeing, officers Bianchi and Stockley were involved in a dangerous high speed pursuit. It is apparent from the dash cam audio and video that the pursuit was stressful both from the high speed nature of the pursuit and from confusion casued by the multiple radios and communications with a dispatcher. People say all kinds of things in stressful situations, and whether Stockley’s statement that “we’re killing this m*****f*****,” which can be ambiguous depending on the context, constituted a real threat of action or was a means of releasing tension has to be judged by his subsequent conduct.

Wislson concluded: “The Court does not believe Stockley’s conduct immediatley following the end of the pursuit is consistent with the conduct of a person intentionally killing another person unlawfully,” elaborating:

Stockley did not approach the Buick and immediately shoot Smith multiple times…. Stockley approached the driver’s side, appeared to attempt to open the door and, as testified to by the State’s own witnessess, ordered Smith to open the door and to show his hands. Stockley also warned another officer to “watch his hands.” It was not until fifteen seconds after Stockley arrived at the driver’s side door, that he unholstered his service revolver and fired several shots in succession.

At the end of his 30-page ruling, Wilson “decreed that the State has failed in its burden of proof and the Court finds that defendant is not guilty of both charges in this case: murder first degree and armed criminal action.”

As noted above, none of this matters to Black Lives Matter radicals. What matters is that a white cop shot a black man and a judge found the cop to be innocent. That narrative is all that is necessary to justify rioting, looting, firing stores and businesses and attacking police trying to quell the violence. In its war against the police, BLM radicals will use any excuse to light the match.

Price-gouging Laws Guarantee Shortages in Miami

This article appeared online at TheNewAmerican.com on Friday, September 8, 2017: 

Florida Attorney General Pam Bondi (shown) railed against so-called price gougers at a press conference in Tallahassee on Wednesday night: “It’s sickening. It’s disgusting. It’s unacceptable and we’re not going to have any of it.” She then provided the number for Floridians who think they’re being ripped off to call to complain: 1-866-9NO-SCAM.

Bondi doubled down the next day, telling would-be “gougers”:

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Rahm Emanuel Declares Chicago “Trump-free Zone”

This article appeared online at TheNewAmerican.com on Wednesday, September 6, 2017:

On the first day of school Chicago Mayor Rahm “you never want a serious crisis to go to waste” Emanuel welcomed students back from summer break to Solorio Academy High School, giving them comfort that, under his administration, they won’t be deported for being in the country illegally. His comments were timed perfectly to respond to President Trump’s declaration that the Obama administration’s illegal Deferred Action for Childhood Arrivals — DACA — was being terminated. It is estimated that about a third of the students attending Solorio are in the country illegally.

Said Mayor Emanuel, “To all the Dreamers that are here in this room and in the city of Chicago: You are welcome in the city of Chicago. This is your home. And you have nothing to worry about. Chicago, our schools, our neighborhoods, our city, as it relates to what President Trump said, will be a Trump-free zone. You have nothing to worry about. And I want you to know this, and I want your families to know this. And rest assured, I want you to come to school … and pursue your dreams.”

Comfort to those stressed about the possibility of being deported was extended to them by Chicago’s CEO Forrest Claypool as well:

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Operation Choke Point is a Zombie: Once Declared Dead, It Remains Alive and Well

This article was published by The McAlvany Intelligence Advisor on Wednesday, August 16, 2017:

FDIC eagle seal in the main lobby of the headq...

Zombies are often depicted as mindless, unthinking henchmen operating under the spell of an evil magician. A lot of that defines Operation Choke Point, a mindless, unconstitutional apparition invoked by the evil intentions of the previous administration to shut down gun stores, payday loan companies, tobacco sellers, and the like. Each of these was determined to be “disreputable” dictated by the totalitarian worldview of Obama and his henchmen.

Declared dead back in 2015, it lives. Back on January 29, 2015, the FDIC said it was dead:

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Michigan Foster Parents’ Conundrum: Give Up Gun Rights or Give Up Child

This article appeared online at TheNewAmerican.com on Wednesday, August 16, 2017:

Bill and Jill Johnson were asked by the state of Michigan to consider becoming foster parents for their grandchild after the state ruled his mother was incompetent to raise the child. Bill Johnson has had a concealed weapons permit for the last 10 years and has carried for personal protection ever since. So when the social worker told him that, as a condition of caring for the grandchild, he would have to provide the state with a list of the serial numbers of all of his firearms, Johnson resisted. A heated discussion ended when the social worker told Johnson, “You are going to have to give up some constitutional rights here if you want to keep that boy.”

The Johnsons took their case to court where, two weeks later, the judge sided with the state: “We know we are violating numerous constitutional rights here, but if you do not comply, we will remove the boy from your home.”

That’s when Alan Gottlieb, founder and executive vice president of the Second Amendment Foundation (SAF), got mad, and got involved:

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Questions for President Trump on Venezuela

This article was published by The McAlvany Intelligence Advisor on Wednesday, August 16, 2018:

State flag of Venezuela.

State flag of Venezuela.

Inquiring minds are asking: what on earth is the US doing meddling in the affairs of Venezuela? The media has broadcast the rolling and accelerating disaster taking place there, with some even properly blaming it on socialist practices unleased by Marxist Hugo Chavez (they are called “Chavism” and its supporters are called “Chavists”) and his protégé, Nicolas Maduro.

Those policies, enforced with increasing vengeance upon a powerless citizenry, have all but destroyed a country that once was one of the most prosperous in South America.

Grant the point. But does this justify in any way U.S. interference? Does it justify sanctions, freezing of assets of Maduro and his henchmen, and removing the freedom of Americans to do business with him, or them? Notice please that the sanctions only apply to about 30 of Maduro’s people and not to any of the 20 or so American oil refineries currently supporting Maduro’s Marxist regime to the tune of a billion dollars a month.

Here are some other questions:

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U.S. Pulls Families from Caracas; Airlines End Flights Before Sunday’s Crucial Vote

This article appeared online at TheNewAmerican.com on Friday, July 28, 2017: 

The Coat of arms of Venezuela

The Coat of arms of Venezuela

In its foreign travel advisory issued Thursday, the U.S. State Department warned American visitors against traveling to Venezuela and ordered family members of U.S. government employees at its embassy in Caracas to leave the country. It also offered assistance for those employees wanting to leave before the country’s crucial and controversial election on Sunday. The order and warnings were due to “social unrest, violent crime and pervasive food and medicine shortages” in the country.

Sunday’s vote could be crucial for the direction of the country run by Marxist Nicolas Maduro. Already rumors of vote fraud are suggesting that

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Oregon’s New Bicycle Tax Proves Ronald Reagan was Right

This article was published by The McAlvany Intelligence Advisor on Wednesday, July 19, 2017: 

Ronald Reagan wearing cowboy hat at Rancho del...

President Ronald Reagan enjoyed excoriating liberals and big government advocates not with spears but with honey:

We should measure welfare’s success by how many people leave welfare, not by how many are added.

 

Within the covers of the Bible are the answers for all the problems men face.

 

When you can’t make them see the light, make them feel the heat.

 

The most terrifying words in the English language are: “I’m from the government and I’m here to help.”

But the one for which the former president is best known is this:

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Oregon Passes Resentment Tax: $15 Per Bicycle

This article appeared online at TheNewAmerican.com on Tuesday, July 18, 2017:  

Due to the perceived injustice inflicted on Oregon taxpayers last year, the state legislators evened the score last week when the members passed a bill taxing bicycles. The Democratically controlled legislature passed a bill in 2016 forcing drivers to pay 10 cents per gallon more for gasoline to fund road improvements. The cry then went up that bikers weren’t paying their fair share.

When Democrat Governor Kate Brown signs the bill into law, every purchaser of a bike costing $200 or more, with a wheel diameter of 26 inches or more, will pay a $15 excise tax, making Oregon the only state in the country to levy such a tax.

Arguments that most bicyclists also owned cars and bought gasoline and therefore were already subject to the grasping government’s new tax fell on deaf ears. Arguments that

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Trump Keeps Another Promise: Ignore Social Security’s Impending Shortfalls

This article appeared online at TheNewAmerican.com on Wednesday, July 12, 2017: 

English: Scanned image of author's US Social S...

During his presidential campaign, Republican Party candidate Donald Trump made it abundantly clear that he would not do anything to restore the financial integrity of Social Security:

I’m not going to cut Social Security like every other Republican, and I’m not going to cut Medicare or Medicaid. Every other Republican is going to cut, and even if they wouldn’t, they don’t know what to do because they don’t know where the money is. I do.

Now that he is president, he no doubt has discovered just “where the money is”: It’s been spent by the government. And likely due to the commitment by the Democrats to oppose anything and everything he’d like to do, he’s just going to leave the failing and shrinking program alone.

This has caused angst among realists who see the federal program failing to meet its promises in less than 17 years and offering various ideas and suggestions on how to “fix” it.

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Judge Declares Florida’s Expansion of “Stand Your Ground” Law Unconstitutional

This article appeared online at TheNewAmerican.com on Wednesday, July 5, 2017:  

English: Detail of Preamble to Constitution of...

The decision by Florida Circuit Court Judge Milton Hirsch on Monday delighted opponents of the state’s “Stand Your Ground” laws. Declaring on procedural grounds that changes just enacted into law by the Florida legislature were unconstitutional, Hirsh’s decision “totally derails these changes to ‘stand your ground’ [law],” chortled Tamara Lave, law professor at the University of Miami’s School of Law. She added that an appeal could put the matter before the state’s Supreme Court.

The original “Stand Your Ground” law passed by Florida’s legislature in 2005 opened the door for nearly two dozen other states to pass similar laws. They expanded the so-called “Castle Doctrine” — no duty to retreat from a threat of violence in one’s home — to include

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Florida Judge Rules that the Legislature Cannot Modify a Law it Passed Earlier

This article was published by The McAlvany Intelligence Advisor on Wednesday, July 5, 2017:  

One of the essential doctrines involved in limiting government is the separation of powers. By putting governmental powers into separate hands, the founders hoped that each would constrain the other and thus protect liberty. Article I of the federal Constitution states that “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Article III states that “The judicial power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

Florida’s constitution is very similar:

The judicial power shall be vested in a supreme court, district courts of appeal, circuit courts, and county courts. No other courts may be established by the state, any political subdivision, or any municipality.

When it comes to practices and procedures, however, it’s different:

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Supreme Court Again Refuses to Settle Second Amendment Issue

This article appeared online at TheNewAmerican.com on Tuesday, June 27, 2017:  

English: Ruth Bader Ginsburg, Associate Justic...

Ruth Bader Ginsburg, the oldest member on the court.

By refusing to consider Peruta v. San Diego on appeal on Monday, the Supreme Court once again sidestepped an opportunity to clarify the Second Amendment issue of carrying a firearm outside the home. That issue has remained open since the court’s decisions in Heller and McDonald, dating back to 2008 and 2010, respectively. Those cases didn’t clarify whether the right guaranteed in the Second Amendment extends to public places, and anti-gun states such as California have rushed in with state laws that virtually prohibit the exercise of rights guaranteed by that amendment.

That was the problem faced by Edward Peruta back in 2009.

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Another Kansas Professor Leaves Over Campus Carry Law

This article appeared online at TheNewAmerican.com on Tuesday, June 13, 2017:

Deborah Ballard-Reisch, serving as the Kansas Health Foundation’s distinguished chair in strategic communication at Wichita State University (WSU) for the last 10 years, resigned last week. In her letter to WSU’s President John Bardo, she said she’s retiring because “the climate in Kansas [is] more and more regressive, repressive, and in opposition to the values of higher education,” adding:

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John Lott Proves His Premise is Correct Once Again

This article was published by The McAlvany Intelligence Advisor on Friday, May 5, 2017: 

The premise of John Lott’s book, More Guns, Less Crime, now in its 3rd edition, is this: when a criminal doesn’t know if his potential target is armed, he reconsiders. When he is assured that his target is defenseless, he has much less reason to do so.

Lott puts it this way:

Criminals as a group tend to behave rationally – when crime becomes more [risky], less crime is committed.

That means that

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Have the Environmentalists Stooped to this Level?

This article was published by The McAlvany Intelligence Advisor on Wednesday, May 3, 2017:  

When the final tally of the costs of cleaning up after the so-called “environmentalists” protesting the Dakota Access pipeline was completed, North Dakota Governor Doug Burgum asked for federal help. The tally? $38 million! This included not only overtime for the overworked Morton County Sheriff Kyle Kirchmeier and his deputies, but private security people from outside the state brought in to help them. It didn’t include the thousands of dollars incurred by the owners of the local Comfort Inn in Cannonball after their Good Samaritan efforts – offering free rooms to those protesters caught in the cold – were rewarded by their “guests” trashing them.

But it did include the bill from an environmental cleanup and fumigation company from Florida brought in to remove thousands of tons of unspeakably vile trash the protesters left behind. This writer now refuses to grace those thugs and criminals with the appellations “environmentalists” or even “hypocrites.”

In his request to President Trump, Burgum said:

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Senator Ted Cruz Introduces Bill to Have Drug Lord El Chapo Pay for the Wall

This article appeared online at TheNewAmerican.com on Monday, May 1, 2017: 

When Senator Ted Cruz (R-Texas) introduced his bill — the Ensuring Lawful Collection of Hidden Assets to Provide Order (EL CHAPO) Act — on Tuesday, he said the $14 billion seized from the Mexican drug lord would help build President Trump’s wall:

$14 billion dollars will go a long way toward building a wall that will keep Americans safe and hinder the illegal flow of drugs, weapons, and individuals across our southern border.

The money isn’t available just for the taking, added Cruz:

The U.S. government is currently seeking the criminal forfeiture of more than $14 billion in drug proceeds and profits from El Chapo, the former leader of the Sinaloa drug cartel who was recently extradited to the U.S. to face criminal prosecution for numerous alleged drug-related crimes, including conspiracy to commit murder and money laundering.

As part of the agreement between Mexico and U.S. authorities, El Chapo won’t face the death penalty, but his confiscated assets might be available if Cruz’s bill passes the Senate and the House, and is signed into law by the president. Confiscated assets such as these are usually directed to law enforcement efforts in the United States.

Cruz told Tucker Carlson on Fox News’s “Tucker Carlson Tonight” on Wednesday that it’s “only fitting” that drug money be used to build the wall:

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Trump Gives “Never, Ever” Speech to NRA National Convention

This article appeared online at TheNewAmerican.com on Friday, April 28, 2017:

In less than 30 minutes, President Donald Trump hit all the hot buttons, feeding red meat to thousands attending the National Rifle Association’s national convention in Atlanta on Friday.

Trump, the first sitting president to address the NRA convention since President Ronald Reagan in 1983, began by voicing his appreciation to the NRA and its membership for its and their early and generous support of his presidential campaign. The NRA first endorsed Trump for president in March 2016 and subsequently pumped $30 million into his campaign, running four times as many ads in his support than it did for Mitt Romney in 2012.

He reminded his raucous supportive audience of how the national media tried to suppress voter turnout in 2016 by repeatedly stating that

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Illegal Immigration Down by Two-Thirds, Thanks to Tough Talk, Action

This article was published by TheNewAmerican.com on Wednesday, April 12, 2017:  

Logo of the United States Border Patrol.

The latest report from the U.S. Customs and Border Protection agency shows the impact of words and actions on illegals seeking access to free benefits available to them just by crossing the nation’s southwest border. The number of individuals caught crossing that border in March — 16,600 — was a 30 percent decrease from February and a 64 percent decrease from the same month a year ago.

President Donald Trump’s campaign promises to build the “big, beautiful wall” as one of many efforts to stem illegal immigration flooding into the country from Mexico turned into actions when he began signing executive orders to start the process.

His attorney general, Jeff Sessions, expanded on Trump’s determination to stem the flow on Tuesday during a speech he made at Nogales, Arizona. He issued a memorandum to federal attorneys to ramp up their efforts to prosecute illegals, including those who harbor or assist them, with special priority given to those with criminal records and those who were previously deported. Sessions also instructed the Justice Department to pursue charges even for relatively minor infractions such as identity fraud, document theft, or forgery as well as fraudulent marriages arranged to obtain legal immigration status.

Sessions stated:

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Many of the articles on Light from the Right first appeared on either The New American or the McAlvany Intelligence Advisor.