Posted on 12/01/2017 4:21:25 PM PST by Bobalu
The other charges should have been made, before the trial. This is really all abou5 getting him to pay for the murder. Sorry to say that chance is gone. Deport him and let Mexico deal with him.
If they obstruct Federal justice then the officials can be charged with violations of federal law.
It might be problematic to get them out of CA without bloodshed.
There would be a harsh penalty though, those charged would never again be able to leave CA and travel within the US or to most foreign countries with extradition agreements.
To have to stay in CA from now on is a harsh punishment in itself...lol
They would live the sort of life Roman Polanski does...but with less money in most cases.
I am aware this was not a federal homicide case. I was stating that one can be charged for the same crime at the state and federal level if it meets the proper statutes and it would not be considered double jeopardy.
I am only bothered by the Constitution being ignored. It’s like defending someone’s right to say something you disagree with. I am not agreeing with what they have to say.
I want him punished hard.
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That’s exactly what I want.
I know all that. You’re preaching to the choir.
In this case it’s not being ignored. The illegal alien has no rights under the Constitution, especially in a state that is violating the Constitution.
Soon after the verdict, I heard on TV (fake news?) that the judge had reminded the jury pool several times that the trial would not be political, etc. etc. It sounded to me like the judge was trying to hint to the potential jurors that this would be a way to get to the evil President Trump who had politicized the death of Kate Steinle.
Immigration violations? Surely. Simply deporting him again is worthless. He's been kicked out and returned something like five times and re-entered each time....to the sanctuary city of San Francisco?
He's skated on those violations in the past. Make an example of him. Nail him on the immigration crimes. Send him to jail. Throw the key away.
He may rue the day he wasn't convicted of murder instead.
Good post.
Thanks
Sounds like the feds could send Zarate away for at least 20 years.
Unless another liberal judge lets him off the hook.
http://codes.findlaw.com/us/title-8-aliens-and-nationality/8-usc-sect-1326.html
8 usc 1326 more powerful
Hell there are white knights on here screaming that crap.
Because they aren’t the same crimes. Federal crimes are distinct and separate from State crimes. Even though the act may be committed once, it can implicate the jurisdiction of two distinct sovereigns.
Here is how the Supreme Court explained this in 1875:
“This does not, however, necessarily imply that the two governments possess powers in common, or bring them into conflict with each other. It is the natural consequence of a citizenship which owes allegiance to two sovereignties, and claims protection from both. The citizen cannot complain, because he has voluntarily submitted himself to such a form of government. He owes allegiance to the two departments, so to speak, and within their respective spheres must pay the penalties which each exacts for disobedience to its laws. In return, he can demand protection from each within its own jurisdiction.”
Two egregious cases in thirty years, and now one of the base tenets of American law can go under the bus...
I disagree. Better ten guilty go free than one innocent hanged, or doesn’t that matter anymore?
So if the Fed’s couldn’t get a Federal murder charge to stick, they could get another trial going with a civil rights charge?
Trying someone twice for the same incident is wrong, if the courts think it is just fine, we have no protection against double jeopardy. It really doesn’t matter what government court is used, the effect is the same.
TY. Chivalry isn’t dead in conservative circles :)
SFGATE (liberal local site) reporting he will remain in jail until turned over to u s Marshall
Double jeopardy is unconstitutional.
You tell them Trump’s coming and...
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