Daily Archives: 9 May 2023

A Red Flag Law

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This one waiting to be signed by Michigan’s Progressive-Democratic Governor Gretchen Whitmer.

A judge would have 24 hours to decide on a temporary extreme risk protection order after a request is filed. If granted, the judge would then have 14 days to set a hearing during which the flagged person would have to prove they do not pose a significant risk. A standard order would last one year.
Lying to a court when petitioning for a protection order would be a misdemeanor punishable by up to 93 days in jail and a $500 fine.

The law starts out being unconstitutional: the flagged person would have to prove they do not pose a significant risk. No. As with all other moves to limit an individual liberty or to circumscribe an individual right, it must be on Government to prove the “flagged person” is a risk.

Then, since the matter is claimed to be urgent, the court should be required to complete its adjudication within an additional 24 hours after having granted the temporary order.

Beyond that, the sanction for dishonestly petitioning for a red flag order must not be left to the wrist slap of a misdemeanor punishment. Falsely petitioning for a red flag order should carry a jail sentence—not reducible—of one year, the same duration of the red flag sanction if a petition is upheld.

And one item not addressed in this red flag law proposal, or in any of the others: the police department that took possession of the weapons on execution of the temporary extreme risk protection order must produce them in court, and in the event Government fails to make its case of significant risk, release them to the now no longer flagged person on the spot.

There also are no protections for the rights of other members of the “flagged person’s” household regarding their lawfully possessed weapons. Those weapons also are subject to seizure under the Michigan red flag law and other such laws. That seizure is an unconstitutional infringement of the non-flagged persons’ right to keep and bear Arms.

As with all the red flag laws on the books or currently proposed, this one is fatally flawed and a deliberate attack on our Constitution’s Second Amendment.

The Joe Biden Version of Immigration Reform

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Now the CBP is being ordered by the Biden administration to release illegal aliens into our nation’s interior on illegals’ lick and promise: their “Notice to Appear/Warrant to Appear” forms with immigration court dates no earlier than 2026. Apparently, this is to clear the border of the current buildup in preparation for the even larger flood that’s building in anticipation of the removal of the last of the Title 42 restrictions later this week.

The Center Square obtained documents provided in a packet to foreign nationals who were processed by Border Patrol agents in Brownsville, Texas, were released and later apprehended in Jackson County, 260 miles north. Highway 59 is a major human smuggling route where an Operation Lone Star Task Force is operating to interdict criminals.

Jackson County Sheriff Kelly Janica and his deputies have made a number of arrests of illegal aliens, but he’s had to release them all because CBP won’t—can’t, isn’t allowed to—come get them so long as they have those Notices/Warrants. For instance,

one of his deputies noticed a silver Toyota Tundra heading north on Highway 59 with five people sitting in the bed of the truck. The deputy pulled over the vehicle believing the group to be foreign nationals being smuggled north from the border.
The deputy asked if all the occupants in the vehicle were in the US legally and the driver said they were family members from Honduras who they picked up in Brownsville, Texas, and were driving to North Carolina.
All 11 being transported had Honduran identification cards or passports and were between the ages of 5 and 73, including four men and four women each, two boys, and one teenage girl. Three were minors, ages 5, 9, and 16.
They all had manila envelopes including “Notice to Appear/Warrant to Appear” papers, which are what Border Patrol agents give foreign nationals when they release them into the US.

Under normal circumstances, if federal law were being enforced, Janica said his deputy would have arrested the driver and front passenger and they would’ve been charged with human smuggling. The reason they couldn’t arrest them is because Border Patrol said they wouldn’t come and get them; a court date in 2026 was enough to release them, he said.

Biden is having illegal aliens released into our nation with court dates—but the illegals don’t have to appear in court to answer for their illegal entry for three years. At the earliest. This is aiding and abetting the crime of illegal entry into our nation.