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DOJ May Consider Federal Charges Against Illegal Immigrant in Kate Steinle Murder Case
Townhall.com ^ | December 1, 2017 | Leah Barkoukis

Posted on 12/01/2017 8:48:16 AM PST by Kaslin

After a California jury found Jose Ines Garcia Zarate not guilty in the murder of Kate Steinle, the Depart of Justice is weighing federal charges against the illegal immigrant, Fox News reports.

Zarate was found not guilty of first-degree murder, second degree murder, or manslaughter; he was only convicted of being a felon in possession of a firearm. 

While Zarate did not deny killing Steinle, he said the shooting was an accident.  

U.S. immigration officials announced after Thursday’s verdict that they would deport the Mexican national, who had already been deported five times prior to shooting Steinle. Before the shooting, Zarate, also known as Juan Francisco Lopez Sanchez, was in jail on a drug charge but was released despite a detainer on him from U.S. Immigration and Customs Enforcement. San Francisco, where the shooting took place, is a sanctuary city.

The undocumented felon could spend three years in prison for the firearm charge but has already been behind bars for over two years as the case has made its way through court.

The consideration of federal charges comes as President Trump calls the verdict “disgraceful” and uses the case to rally support for a border wall.

“The Kate Steinle killer came back and back over the weakly protected Obama border, always committing crimes and being violent, and yet this info was not used in court. His exoneration is a complete travesty of justice. BUILD THE WALL!” he tweeted Friday. (Fox News)

In addition to Trump’s comments on the murder trial, Attorney General Jeff Sessions also issued a statement about the verdict.

“When jurisdictions choose to return criminal aliens to the streets rather than turning them over to federal immigration authorities, they put the public’s safety at risk. San Francisco’s decision to protect criminal aliens led to the preventable and heartbreaking death of Kate Steinle,” he said. “While the State of California sought a murder charge for the man who caused Ms. Steinle’s death—a man who would not have been on the streets of San Francisco if the city simply honored an ICE detainer—the people ultimately convicted him of felon in possession of a firearm.”

Sessions did not discuss bringing any more charges against Zarate in his statement, only that the DOJ “will continue to ensure that all jurisdictions place the safety and security of their communities above the convenience of criminal aliens.”

Former Fox News host Bill O’Reilly said what actions Sessions takes now will be a “litmus test” for the attorney general. 

Prayers for the Steinle family. Feds should immediately charge the thug with a variety of immigration crimes. What’s happening to America?— Bill O'Reilly (@BillOReilly) December 1, 2017

It is now on Attorney General Sessions to charge Kate Steinle’s killer with serious immigration violations. This is a litmus test for Mr. Sessions.— Bill O'Reilly (@BillOReilly) December 1, 2017



TOPICS: Culture/Society; Front Page News; Government
KEYWORDS: aliens; california; doj; jeffsessions; joseinesgarciazarate; katesteinle
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To: Tolerance Sucks Rocks

Dual sovereigns doctrine. Double jeopardy is not an issue.


21 posted on 12/01/2017 10:07:28 AM PST by piytar (http://www.truthrevolt.org/videos/bill-whittle-number-one-bullet)
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To: Tolerance Sucks Rocks

Dual sovereigns doctrine. Double jeopardy is not an issue.


22 posted on 12/01/2017 10:07:28 AM PST by piytar (http://www.truthrevolt.org/videos/bill-whittle-number-one-bullet)
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To: Tolerance Sucks Rocks

How about income tax evasion?


23 posted on 12/01/2017 10:22:07 AM PST by Delta 21 (Build The Wall !! Jail The Cankle !!)
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To: Kaslin

This verdict shows what “Social Justice” looks like.


24 posted on 12/01/2017 10:37:35 AM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: Tolerance Sucks Rocks
Unfortunately, the Feds can’t charge him with murder, since double jeopardy would attach via the 14th Amendment’s incorporation clause, IMO.

Yes but they can charge him with 8 USC 1326, Unlawful reentry after deportation. Its a slam dunk charge because they is no real defense.

There are automatic enhancements tagged on to the sentence based on past immigration violations and criminal history.

Given his past I would guess he would get 4 to 6 years to run consecutively along with his federal weapons charges.

25 posted on 12/01/2017 10:38:42 AM PST by usurper ( version)
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To: AdmSmith; AnonymousConservative; Berosus; Bockscar; cardinal4; ColdOne; Convert from ECUSA; ...
Thanks Kaslin.

26 posted on 12/01/2017 10:57:08 AM PST by SunkenCiv (www.tapatalk.com/groups/godsgravesglyphs/, forum.darwincentral.org, www.gopbriefingroom.com)
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To: vette6387

Huh? California is going to hustle him back to Mexico before the feds get involved.


27 posted on 12/01/2017 11:21:53 AM PST by wiggen (#JeSuisCharlie)
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To: Kaslin

Sessions on verdict: Entire paragraph of limp-wristedness attempting to barely dip a finger into the pool of saying this might have been bad.

Trump on verdict: “disgraceful”


28 posted on 12/01/2017 11:36:13 AM PST by According2RecentPollsAirIsGood
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To: blackdog

You owe me a new keyboard.

Best laugh of the day.

Thanks


29 posted on 12/01/2017 11:41:19 AM PST by RedStateRocker (Nuke Mecca)
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To: Fantasywriter

LOL. That’s a good one.

Politics is a scam and we’re suckers for playing.


30 posted on 12/01/2017 11:45:12 AM PST by RKBA Democrat (Hope and redemption are to be found in the Lord. Not in politics.)
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To: Squantos

If I could get the shot, I’d take it.


31 posted on 12/01/2017 11:51:35 AM PST by Carriage Hill ( Life is simpler, when you plow around the stump.)
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To: Tolerance Sucks Rocks

Unless Ms. Steinle was a member of a protected class such as politicians or postal workers out delivering mail, or unless the crime was on Federal property, there is no federal murder statute that would apply.

Re entering the US after deportation is a Federal crime as is being an illegal alien in possession of a firearm. So he could be charged with that.

Politics is a scam and we’re suckers for playing.


32 posted on 12/01/2017 11:54:17 AM PST by RKBA Democrat (Hope and redemption are to be found in the Lord. Not in politics.)
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To: usurper

This is all wrong. He can be charged with the federal offense of being a felon in possession of a firearm. The concept of double jeopardy is not applicable.


33 posted on 12/01/2017 11:54:43 AM PST by Stingray51
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To: Tolerance Sucks Rocks

“Feds can’t charge him with murder, since double jeopardy would attach”

Found this online, (assume that “Pennsylvania” could mean any state): “a defendant who has been acquitted of charges in the Pennsylvania courts could be charged with and tried in the federal system despite the fact that the defendant already won the case in Pennsylvania. This is because of the idea that the state and the federal government are ‘dual sovereigns.’ This means that under federal law, both the United States and state government may both prosecute you for a crime without violating the constitutional protection against double jeopardy if your act violated both state laws and federal statute.”


34 posted on 12/01/2017 11:58:19 AM PST by MayflowerMadam ( "Free men are not equal, and Equal men are not free".)
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To: RKBA Democrat

They were on the waterfront. Let’s hope they were visiting a federal port facility at the time.


35 posted on 12/01/2017 12:37:54 PM PST by Tolerance Sucks Rocks (Women prefer men with money and muscles. DUH!)
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To: RKBA Democrat

They should be able to charge him with violating her Civil Rights. That is what they charge citizens with if they hold illegals for Border Patrol or do anything to stop them from trespassing or committing crimes. I know someone who was sentenced to 20 years on federal charges of violating the Civil Rights of illegals on his property.

I doubt if it works both ways, but if she had murdered him they would have charged her with that; especially if she had been found not guilty of his murder by a state court.


36 posted on 12/01/2017 12:49:52 PM PST by Tammy8 (Please be a regular supporter of Free Republic !)
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To: Tolerance Sucks Rocks; Kaslin; Impy; fieldmarshaldj; BillyBoy

“Unfortunately, the Feds can’t charge him with murder, since double jeopardy would attach via the 14th Amendment’s incorporation clause, IMO.”


That is incorrect. While the State of California may not bring murder charges again because jeopardy vested, under the “separate sovereigns” doctrine the U.S. government could do so (as could, in theory, any state other than California, assuming that they had jurisdiction). The real issue is what federal laws the illegal alien violated. It seems to me as if possession of a handgun as an illegal alien is one, and there may be some others, but, with few exceptions, manslaughter and murder are state, not federal, crimes.


37 posted on 12/01/2017 1:10:44 PM PST by AuH2ORepublican (If a politician won't protect innocent babies, what makes you think that he'll defend your rights?)
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To: Tammy8

He is obviously a member of a protected class. Thus it’s unlikely that he will be charged. But there are clearly all sorts of crimes that he could be charged with.

Politics is a scam and we’re suckers for playing.


38 posted on 12/01/2017 1:28:41 PM PST by RKBA Democrat (Hope and redemption are to be found in the Lord. Not in politics.)
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To: Kaslin
Highlighting mine:Bless you Jeff Sessions for speaking the absolute truth. This man isn't an immigrant, he's a CRIMINAL.
39 posted on 12/01/2017 1:35:37 PM PST by upchuck ("Ex-obama" ... That phrase itself honors America. ~ h/t glennaro)
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To: Kaslin

Maybe he didn’t pay his Obamacare fine? — throw him in jail!


40 posted on 12/01/2017 2:13:35 PM PST by nicollo (I said no!)
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