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To: dirtboy
You have trouble with the English language. The fellow to whom I was posting is apparently a former government employee of the GOVERNMENT's border control bureaucracy. The agency he would have worked for is, no doubt, established by statute, governed by statutes and the constitution, hemmed in by court decisions, governed by a mountain or so of complicated regulations (known to the impatient and those with little use for ordered liberty as "red tape").

The, ummmm, (charitably speaking) border volunteers are some sort of law unto themselves. They are not created by statute whatever they may think. They may be individually or collectively made subject to the law if they transgress: i.e., if they go overboard, the Ku Klux Klan Act of 1869 is available as is RICO. There are no specific regs as there are for government agents and agencies (those acting under "color of law" as the term of legal art has it.) What we have instead is an, ummmm, mindset reflected by: "See border statute. See immigration statute. See government do what it does best: nothing much. Need private sector self-appointed poobahs to instruct government and DEMAND law enforcement according to personal opinions of poobahs as to law. Constitution be darned! Full speed ahead! Knuckles painful: remember to stop dragging! Etc., etc., etc."

May the full moon be over soon!

I have also previously pointed out to you that, under American law, there is no recognizeable cause of action for group defamation. Examples of group defamation which are never actionable: ["Illegals" are ruining our country! Prosecutors who refuse to obey border mania practitioners and choke the courts with 3 million or 8 million cases per year of allegedly illegal immigration are lawbreakers! The government officials are violating the constitution by not obeying border moon madness.!]

Each of the foregoing is an untrue statement about one GROUP or another. The falsity is only one of the elements of actionable defamation. If the statement in any of those cases were found true, the action would fail in any event because groups CANNOT be defamed in any actionable sense.

You don't know what you are talking about. That is also one of the dangers of the desert version of self-appointed keystone kops or the private F troop..

405 posted on 01/17/2003 11:24:51 AM PST by BlackElk (Viva Cristo Rey)
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To: BlackElk
The, ummmm, (charitably speaking) border volunteers are some sort of law unto themselves. They are not created by statute whatever they may think. They may be individually or collectively made subject to the law if they transgress: i.e., if they go overboard, the Ku Klux Klan Act of 1869 is available as is RICO. There are no specific regs as there are for government agents and agencies (those acting under "color of law" as the term of legal art has it.) What we have instead is an, ummmm, mindset reflected by: "See border statute. See immigration statute. See government do what it does best: nothing much. Need private sector self-appointed poobahs to instruct government and DEMAND law enforcement according to personal opinions of poobahs as to law. Constitution be darned! Full speed ahead! Knuckles painful: remember to stop dragging! Etc., etc., etc."

All those words and not one clear reference to a specific statute or legal code as to why the actions are illegal - but it's about what I expected from you. I'll lay the issues down for you here, and I demand you refute them one by one with clear, relevant statutes, not your usual bullsh**. First of all, they are acting within the borders of the State of Arizona, so state law is applicable here. Second, they are currently acting on private property at the invitation of landowners - and if someone is crossing that property without permission, they are detecting trespass, which is a crime in its own right. They are allowed under Arizona law to detain trespass or to report trespass, and if there is suspicion that the trespassers are illegal aliens (i.e., observed crossing the border without presenting documentation), then that is fair grounds to call the INS. That is what the groups are doing - reporting a crime - so if you believe those activities to be illegal, please explain how reporting a crime in progress became a crime in its own right, especially in the context of law enforcement encouraging people to form neighborhood watches to report crimes in their neighborhoods.

You lose, jack. The border groups are just another form of neighborhood watch, looking for criminal activity on private property. I'm not a lawyer, but I can figure this out, so what does that say about YOU?

411 posted on 01/17/2003 12:05:29 PM PST by dirtboy
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To: BlackElk
You don't know what you are talking about.

So since you do, lawyer boy, provide specific statutes instead of sweeping generalities. Put up or shut up.

414 posted on 01/17/2003 12:08:56 PM PST by dirtboy
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