Rebel, Insurrectionist, and Traitor Michael Magliano Taking His Oath
Too bad he doesn't understand the Constitution that his oath is too.
Civil War II is about to begin. And it will be State court judges acting to protect illegal aliens from lawful arrest by U.S. Immigration and Customs (ICE) Enforcement and Removal Operations (ERO) Deportation Officers. It is apparent that State court judges are following the news closely, and saw that the Department of Justice (DOJ) and the Department of Homeland Security (DHS) have done nothing about State court judges interfering with arrests and assisting illegal aliens to escape arrest by ICE ERO. Moreover, Attorney General Jefferson Beauregard Sessions III has failed to instruct his subordinate U.S. Attorney for the District of Oregon, Billy Williams, to prosecute Mexican activist Monica Herranz, who was the first State judge to assist an illegal alien to escape, even after local ethics officials in Multnomah County performed a sham investigation and exonerated Herranz. This inaction has emboldened other State judges to plan violent resistance to arrests of illegal aliens in State courthouses.
The state courts have issued new guidelines governing what immigration agents can do when they show up at city courthouses looking nab immigrants for deportation.
The rules bar immigration agents from making arrests inside courtrooms — though arrests are allowed elsewhere in the courthouse — and require that judges be notified about planned arrests of people involved in their cases.
In a memo quietly issued in April, the Office of Court Administration says that it’s the court system’s policy to “permit law enforcement agencies to act in the pursuit of their official legal duties in New York state courthouses,” as long as they don’t disrupt court business or endanger public safety.
The protocols went out amid an uproar over Immigrations and Customs Enforcement agents showing up at city courthouses arrest immigrants who are there to deal with criminal or civil cases.
[Newly Public Guidelines Bar ICE From Arresting Immigrants Inside Courtrooms, by Erin Durkin, New York Daily News, June 30, 2017]
Now, the first rule of Federal law enforcement is we don't need permission from anyone to make an arrest, much less a State court judge. Federal law gives all Federal law enforcement officers the authority to make arrests without a warrant, and that goes double for DHS officers and agents arresting illegal aliens. Title 8 of the United States Code Section 1357, Powers of Immigration Officers, authority given to immigration officers by Congress, gives wide powers to immigration officers to make arrests. Those arrests are not limited by time or place. That authority to make arrests does not require the permission of any Federal judge, nor may an inferior State court judge limit or interfere with the authority of immigration officers. Any interference is a crime in itself, codified by Congress in legislation in Title 18 USC 111, Assaulting, Resisting, Or Impeding Officers.
This order from from a court bureaucrat purporting to have the authority to limit the authority of immigration officers is a direct assault on the Constitution and the separation of powers between State and Federal authority. States have no power over immigration and this order is an attempt by State court judges to exercise authority over both the entry and removal of aliens, authority over which is exclusively with the Federal government, as Article 1, Section 8, Clause 4 of the Constitution gives that authority to Congress. It is also an attempt to interfere with the lawful execution of the authority of officers of the Federal government. It is both a usurpation, and, since the orders to interfere with Federal agents was given to armed State officers, it is an act of rebellion and sedition, itself a criminal offense in violation of Title 18 USC Section 2383, Rebellion or Insurrection, which reads:
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
Now only a foolish court security official would act on this obviously illegal and unconstitutional order from Chief Michael Magliano. First, because it would lead to their arrest, second it could lead to their death. But that appears to be Magliano's plan. He wants to gain notoriety and the 15 minutes of fame by "resisting" President Trump. And he will do that over the dead bodies of his court officers and ICE ERO officers. Like the terrorists and thugs who rioted after the election of Donald J. Trump and who rioted and burned on Inauguration Day, Magliano wants his own little bit of bloodshed and violence so he can be seen as a leader of The Resistance.
And it will come to blood. Let me give you a scenario: ICE ERO officers go to a courthouse to arrest a know MS 13 gangbanger with a long criminal record. This gangbanger is in court for a minor violation, but ICE ERO knows where he will be and that it will be safer to arrest him after he has gone through court security, the searches and metal detectors at most courthouses today. ICE officers know which courtroom he will be in. And since the ICE officers know that State judges are actively assisting illegal aliens to flee arrest as shown by Monica Herranz and the open statements by other judges opposed to the immigration laws of the United States, the ICE officers put the habeas grabus on him while he is seated in the courtroom waiting for his case to be called. An arrogant and rebellious judge then orders the court security officers to stop the arrest.
The ICE officers continue to make the arrest and warn the court officers to back off under penalty of arrest for interfering with a Federal officer. The bloodthirsty judge then orders the court security officers to rescue the illegal alien in question. The ICE officers lawfully act to protect themselves and their actions from unlawful interference. The ICE officers draw their weapons and the court security officers do the same. The illegal alien then acts to attack or injure the ICE officers, making use of the criminal acts of judge and court officers. The incident immediately spins out of control, ICE officers legally shoot the gangbanger, then court officers open fire. We have a shootout in a courtroom between law enforcement officers. Several die and the ghouls in the media and the State courts celebrate their Resistance to immigration laws.
ICE ERO responds with their armored vehicles and special reaction teams when executing further arrests in courthouses to actually make immigration arrests in the future at courthouses. Gun battles play out across New York, California, and other States where State court judges want to see violence and death to protect illegal aliens.
The real question though is will AG Sessions allow this to get out of hand. He can quash this little rebellion like a bug if he wants. First, make an example of Monica Herranz. She is the Patient Zero of this disease of rebellion and sedition. Prosecute her publicly and with great fanfare. Make Monica Herranz do the perp walk.
Next, have the Special Agent-in-Charge of the New York Federal Bureau of Investigation (FBI) contact the head of the New York State Court Officers Association, Dennis Quirk, the union for the officers who provide security in New York courtrooms, and inform him that any interference with ICE officers in a courthouse or courtroom will result in immediate arrest and prosecution.
And it appears that this step has been taken, at least partially:
Court officers across New York have been instructed to provide "100 percent cooperation" with Immigration and Customs Enforcement" as part of a directive sent by the head of the State Court Officers' union this week.
The memo, from New York State Court Officers Association head Dennis Quirk, was in response to requests by legal service providers in New York City who have been pushing the state’s Office of Court Administration (OCA) to establish the courthouses as sanctuary spaces. The issue has taken on newfound relevance in recent weeks, after an increase in enforcement by ICE officials, including attending local court proceedings in order to make arrests.
“Effective immediately, inform members to provide 100 percent cooperation to ICE and any other law enforcement agency and disregard any instruction to the contrary," wrote Quirk in the memo. "Also, report any attempts by anyone to obstruct ICE to the union immediately.”
[Court Officers Union Tells Members To Cooperate '100 Percent' With ICE, By Colby Hamilton , Gloria Pazmino And Azi Paybarah, Politico, March 24, 2017]
However, Quirk and the union are resting on the theory that to bar or interfere with ICE officers, court officers need authority from the State legislature.
If the state legislature wants to tackle the issue and specifically bar ICE from entry into state courthouses, Quirk said he and his fellow officers would be happy to follow the new rules.
“If this is really a problem and they wanted to do something about this, they could do it,” he said.
Someone in authority, like the local FBI SAC who has the gravitas to educate Quirk and his union, should inform the likely cooperative officers that that the Constitution and Federal statute trump any attempt by any of their supervisors or the New York State legislature to interfere with Federal agents. None of those officers want to do time for Rebellion or Interfering with a Federal Officer.
I am confidant that Quirk can be persuaded. But less so the judges and thugs like Magliano who are spoiling for a fight, even for a new Civil War, like many others, such as Jerry Brown and the Treason Bar. To stop this incipient Civil War II, President Trump and AG Sessions must act decisively against these State level Kritarchs; they must obtain indictments and make arrests quickly, before the blood flows and the war begins. Whether you call it the Rubicon or Fort Sumter, things are coming to a head quickly. Action This Day!