THE HYPROCISY OF FEDERAL AND STATE PROSECUTORS

Federal and State prosecutors have two jobs. To prosecute wrong doers and to defend their respective employers when the wrong doers are their employees. In a case that is going to go before the supreme Court, Byrd v. Lamb docket # 21-184, where the question on hand is whether, under either step of the Abbasi test, line-level federal officers may be sued for violating the Fourth Amendment, the outcome of this case is either going to strengthen or weaken the protections of qualified immunity for federal agents.

The case revolves around how some federal agents can go rogue, read the synopsis below:

On the morning of February 2, 2019, Kevin Byrd was trying to drive out of a parking lot in Conroe,
Texas, when a Department of Homeland Security (“DHS”) agent Ray Lamb stepped in front of Byrd’s
moving car, preventing Byrd from leaving and detaining him until local police arrived. Pet. App. 2a–3a, 53a. Though Lamb knew that Byrd had committed no crime, the agent pointed a gun at Byrd, tried to smash his driver’s side window with a gun, and threatened to “put a bullet through his f—king skull” and “blow his head off.” Id. at 2a. Lamb then pulled the trigger. Id. at 56a. The gun jammed. Ibid. When police arrived, Agent Lamb showed them his DHS badge, leading the police to detain Byrd for several hours. Pet. App. 2a–3a. The police did not release Byrd until they reviewed security footage of the parking lot,1 which confirmed Byrd’s innocence. Id. at 3a.

Agent Lamb was not on official business, he was acting on a personal issue. A family matter that involved his son where someone was driving drunk and another person was injured. In this case Agent Lamb’s son was the accused drunk driver and a friend of Mr. Byrd was the person injured. Mr. Lamb was sued by Mr. Byrd where Mr. Byrd won in District court but lost on appeal in the Court of Appeals.

Because Mr. Lamb was not acting on official business, he is not represented by the U.S. Attorney’s Office. Had he been on official business, his defense attorney would have been the U.S. Attorney’s office. The same U.S. Attorney’s Office that would have to investigate Mr. Lamb for wrong doing and either find him in violation or having acted in good faith. The problem is that type of behavior couldn’t reasonably be defended unless Mr. Byrd had a weapon of his own and was in the process of committing a crime, which he wasn’t. Here is where it gets tricky, finding Mr. Lamb in flagrant violation of his sworn duties would open the federal government to a lawsuit, finding that Mr. Lamb did nothing wrong insulates the government from any monetary damages. The problem lies in that given the alternative, the government will almost always find their employees not in violation thus shielding them from prosecution and civil litigation. It’s cheaper that way.

That dual role as prosecutor and defense lawyer puts the people, the taxpayers that pay the salaries of the U.S. Attorney’s office, at risk. The U.S. Attorney’s office has a sworn duty and oath to protect the citizenry, but seemingly not at the peril of costing the government money. So how can you protect the citizens from rogue actors and at the same time keep your oath? You can’t. If your job as defense lawyer comes before your job as prosecutor, then you have a conflict of interest that can’t be overcome. The way to solve it is to remove some of the qualified immunities that come with being a federal agent and a police officer. If the behavior is so egregious that any reasonable person would find for the plaintiff, then the government should play the role of prosecutor and not defense lawyer.

In the case of Byrd v Lamb, as I play amateur judge and sleuth, it seems simple. The Supreme Court will most likely find in favor of Mr. Byrd because qualified immunity is only applicable when you are working a case and not on your own personal time. The case will overturned and sent back to the lower court, but I am wrong more times the the NY Mets lose, so, I hope Mr. Byrd gets his due and rogue agents like Mr. Lamb take heed, but chances are Mr. Lamb might walk, on the civil charges anyway.

The real problem is if the people that go rogue are in the U.S. Attorney’s office. Without the explicit consent of the U.S. Attorney, no one can prosecute them. That’s a whole new ball game. That scenario is likened to a doomsday scenario. In short, The King’s men should not be more powerful than the King himself. Their should be accountability.

This isn’t a great blarticle or great example on how this hypocrisy plays out, their are better ones but it will do for right now.

THE BORDER PATROL, THE OUTRAGE, THE WTF WHY NOW AND NOT BEFORE?

Jakelin is dead

Vice President Kamala Harris on Friday expressed outrage at how Border Patrol agents on horseback confronted Haitian migrants at the U.S.-Mexico border, saying the situation brought to mind how such tactics have been “used against the Indigenous people of our country, [have] been used against African Americans during times of slavery.”

“Human beings should not be treated that way,” Harris said, from Yahoo news.

Vice President Harris is absolutely right. Having the Border Patrol on horse back bearing down on you is as frightening as it can get for immigrants, all immigrants. So, being a former Border Patrol Agent myself, I ask why is it more evil now then when it was being done to Hispanics? Most people crossing the southern border are Hispanic and they have faced these same events and worse for many many years but the outrage is being let out now. Why now and not before? I don’t disagree with the Vice President but the TBS method is an unofficial guideline to how the border patrol does its work. TBS are initials for “turn back south” and the methodology is employed by the Border Patrol to limit arrests and save money on confinement, transportation, and court costs.

The reason for me is simple, I spoke about it before, in my previous blarticle. The Vice President can empathize and sympathize because the Haitians could be her daughter, her son, her mother or her father. It’s easier to empathize/sympathize when you can identify with the people being mistreated and the VP is in a position of power and authority where she can fix how these procedures should occur. It isn’t that she doesn’t care about Hispanics, it’s that she can’t identify with them as much as she can identify with the Haitians. It’s instinctual. I agree that these people should not have been rode at or towards but should have been confronted calmly and told that they have to return back south, unless they are making a run for it, then, well, then those horses are pretty damn fast and you will see them come right at you. The point being, until we can see each other as one race, the human race, instead of identifying each other by the amount of melanin we have or by the origin of our language, then this going to be the norm.

In BP detention centers, Hispanic children have been separated from their families, sexually assaulted, have died in custody, Hispanic women have been sexually assaulted, had their uteruses removed and had their children taken from them but there was no ?LM movement or outrage that somehow spurred change that would have prevented this from happening to Haitians. So now you’re shocked, I’m not, inaction leads to greater more horrendous acts, as does the lack of accountability. I hope the VP can spur (I hope you get the pun here) change and rewrite policy to where people are treated humanely and that accountability somehow makes its way into the system. To the BP, Just remember, the illegal immigrants are your customers, without them you wouldn’t have a job, so treat them like you would any other business, like you want their repeat business because they keep you employed and living that good government paycheck life. They’re not your plague, they’re the reason you can afford those giant shitty looking belt buckles.

I’m not very smart but how does that old saying go, they came for the Hispanics and no one said anything, now they came for the Haitians and there is only the VP left to say anything? Something like that. Point being, if you address wrong when it happens, then you don’t have to worry about it happening to you. And if you don’t have that address, its the southern border.

There is one sure way to pull everyone together, an alien invasion, I mean from outer space, not Belize. We find alien life, we’ll find a way to hate them.

THE CRAZIEST DREAMS

Do you ever just wake up and you had a dream where someone is asking you questions and you’re answering them but it’s actually another person that is answering them for you? You ever feel like a dummy that is caught in the middle of an investigation where the people investigating get away with the most atrocious shit because they are the ones that answer their own questions about the crimes that they committed? I guess if you put the people that commit the crimes in charge of investigating the crimes you can bet that there will never find out who did it. That brings me to Dulce Alavez, still can’t find who did it huh. I wonder why. And it wasn’t the Police. Lets be honest here, the only reason that such a tool would exist is so that the people that wield it can get away with stuff. It’s made to silence whistle blowers and people that have information against the people that have such capabilities.

Anecdote……….

There are only two types of people that occupy this world and it isn’t Black and White or Woman and Man, it’s Good people or Bad people. If you don’t know the difference then you just might be the latter. They guy that puts a double dose of Ambien in your wine while you are in the bathroom on a work trip to Germany, definitely Bad.

GYMNASTS SEEK AND GET SATISFACTION

The U.S female gymnastics team made news this week by testifying in front of congress about the delayed response by the FBI in a sexual assault case that would eventually put the team’s doctor, Larry Nassar, in prison for the rest of his life. The gymnasts, and rightfully so, were aghast and dismayed on why it took a year for the FBI, who have garnered the nickname Female Body Inspectors due to their reputation and the t-shirts that are sold at the Washington National Airport, to respond to their complaints and, according to testimony, how callous some of these agents were to their assertions on the matter. Ooof, that nickname is coming back to haunt them. In 2017, one of the female gymnasts, filed a complaint with the USOC and in 2019 with the FBI. The gymnasts would get relief, that’s how the courts put it, I call it AFT justice, or about fucking time justice, on their matter in 2021 and would get a paid settlement of half a billion dollars in a civil suit that took all of two days to agree on. I fully believe they deserve the payout and much more. I’m extremely congratulatory and supportive of their efforts to hold everyone accountable. BUT, this blarticle ( blog+article = blarticle or blah + article = blarticle, depending how you view my piece of work or shit, again depending on your point of view) is not about them, it’s about the little known people that don’t have their resources.

In an immigration detention center run by DHS, Hispanic women would go in for routine gynecological examinations and walk out without a uterus. Hysterectomies were the cure for everything, from heavy periods to the common cold for these ladies. I wonder what did they do with those uteruses? Were they used as skin grafts for U.S. Citizens? Did the doctor tell them to put lotion on prior to the operation? It puts on the lotion or you will not get medical treatment? These hysterectomies have been happening since the early 2000’s and if it wasn’t for the bravery and courage, which I understand mean the same thing but I think it’s necessary to double on it, of an RN who decided to blow the whistle, these women would have never gotten any relief. That detention center no longer houses women but that doctor, I believe, still practices OB/GYN. You see, while the gymnasts, and I appreciate their effort and it makes it easier for these immigrant women to seek relief in court because it puts a case on the docket that they can point to, were outraged and rightfully so, their are other people that have been seeking relief for a long time. The gymnasts case, of a doctor using his position of power to do horrendous acts, and their effort to bring this situation to light, will help these immigrant women who have filed complaints for quite some time about a doctor using his position of power to do horrendous acts. No offense, but it takes an Aly Raisman to get things done because a Catalina Maria Gonzalez-Rivera would just not have the same resources available to her and will eventually get laughed out of court.

So, what did the DHS do with these uteruses? Did they go full blown Cruella and now are wearing pubic hair fur coats? It puts the lotion on…. Was it a decision to give an abortion prior to pregnancy? It puts on the lotion…. Was it that they didn’t want to sexually assault women so they removed the uterus and now are going to town on it, sick fucking bastards….. Whatever the sick and depraved reason, these immigrant women’s fight for justice began a long time ago with no resolution in sight and they are deemed victims but the U.S. Attorney’s office has yet to put a perpetrator in prison. A victim without a perpetrator, I guess is like a woman without a uterus….. I don’t know how to finish that so let me end it their.

For all those sick motherfuckers that take advantage of the weakest most vulnerable people in our society, rest assured… you’re safe….. because no one seems to give a fuck or they give it, when they detach the uterus from the body and then they discard the evidence, uuuugggghhhhh… just vomited in my mouth.

This blarticle is not a referendum on racism. It’s more an insight how justice is delved out. Aly looks like she could be the daughter of 90% of the people in positions of power or authority so there’s innate instinctual feeling to protect her while Catalina Maria doesn’t, so there’s this separation of emotional attachment or even trust in what she says. It’s not racism, it’s human behavior. The people in those positions can’t help it. There has been very few U.S. Attorney’s that were not… white non hispanic and there has never been a Director of the FBI that wasn’t white non hispanic. I am NOT saying in any way that there is any racial animosity components, I am saying that they are acting instinctually and sometimes that doesn’t bode very well for people of different ethnicities. Even the few African American U.S. Attorney Generals had those same instincts, that perceived attacks were sometimes due to a racial component, and if you are listening, it wasn’t true, it’s just your instincts kicking in.

TO VAX OR NOT VAX, THAT IS THE QUESTION.

As the Delta variant continues to spread, the question to vax or not vax has become the central topic of discussion. The mistrust of the government is the leading reason why people don’t vaccinate.

People claim that metal objects are now all of a sudden being magnetized to their skin. Claims of microscopic RFID’s are being injected so they can be tracked and manipulated have arisen. That the shot will change them or their DNA or cause infertility is a leading contender.

While the government does seem to not care about privacy as much as they should, i.e. the NSA debacle of a few years ago when they were caught monitoring phone calls, they do have an interest in saving lives, mainly to collect taxes. They want you alive and healthy and working. The reasons listed above, while maybe not all that crazy in this day and age, are not really good reasons not to get vaxxed. If you ae worried about RFID’s, get the shot and then go get an MRI. That should help knock out any RFID’s. If you are worried about them causing infertility, don’t. Who will pay taxes if you don’t have kids to carry on the tradition of making little tax payers? If you are worried about them changing your DNA, to what exactly, I wouldn’t know, a werewolf maybe???, Don’t. There’s a shortage of silver, so they wouldn’t have enough to make bullets to kill us all. And the biggest reason not to not get vaxxed, see what I did their, I injected a double negative and let you know about it with a bad pun, is that if they are going to do that stuff, they can do it at anytime not only with the injection of a vaccine. In your food, your drinking water, over the counter medicine, your steroids, while your asleep, while awake, so get vaxxed for goodness sake. Hahaha, I crack myself up.

I get it. With all the latest technology, people are super skeptical. That is the governments fault, but don’t let their intrusive behavior end your life or the life of a loved one. Someone told me yesterday that this is the times we live in and there isn’t much we can do about it. She was right, if that’s what they are going to do, then there is very little you can do about it, at least dead anyway.

Funny enough, if the government had said that Pfizer had come up with a vaccine but they don’t recommend you take it, the whole country would be vaccinated right now.

IMO: QUALIFIED IMMUNITY

While congress struggles with the decision to get rid of qualified immunity, they are passing over the obvious and over thinking the situation and going to get to a solution that no one will be happy with. I think they are approaching the problem in a completely wrong way. Every job has qualified immunity. Doctors have qualified immunity when they operate. If the patient dies due to complications, they are protected as long as they did every reasonable measure to prevent it. It doesn’t mean that they can’t be investigated, it just means that they should do their jobs the right way and if they did, then they should have nothing to worry about. Police officers should also have qualified immunity and be protected if anything goes afoul due to no fault of their own. What congress needs to do is update their definitions. One example is excessive force. As it stands excessive force is doing something that is not taught as a legal measure that leads to any kind of harm, well, that is the wrong definition. Excessive force should read doing a legal maneuver in excess that leads to grievous bodily harm and/or death. No legal maneuver should ever result in grievous bodily harm or death if done correctly or why is it being taught? I can put someone in a chicken wing but if I keep pulling it up until he/she touches the top of her scalp, then I could easily break that limb and it will never be the same again. Abuse of power and excessive force are two different situations. That’s just one example of how you can correct the problems between the community and law enforcement. Accountability is another. You should hold people accountable when they break the rules that they are governed by. Updating definitions on when you can use lethal force, should be when the officer’s life and /or the life of others are in danger if the person escapes not because he/she is not following my orders, is a good one. And you should make those rules unambiguous so there is no misunderstandings as to when someone can use lethal force. Also, shooting someone when you don’t see a weapon should be a big one. The definition of when you should fear for your life should be explicit and it should have nothing to do with the color of one’s skin, I fear for my life because he/she was black seems to be a problem. You should also mandate that the punishments for using excessive force and acting in bad faith while performing one’s duty should be punished with a minimum of losing one’s position without the chance of appeal and the possibility of a lesser punishment. If the prospect of losing a good paying job and their pensions for some of these dumb dumbs becomes a possibility, then you’ll see them smarten up quickly. The trick is getting rid of the bad apples before they become the bad apples in charge of the basket (cases).

Where congress should focus on is bad faith actors in both the Federal and State level prosecutors. Imagine being a person that was imprisoned for a crime that he did not commit and the prosecutor’s office had exculpatory evidence that would have exonerated him and yet, failed to produce it. This is more common in minority prosecutions that happens way too often. In this case, prosecutors should have to face criminal charges and the office should be able to be sued. Failure to properly do one’s duty because the person in charge looks different or doesn’t speak the same language you, the person being charged, does at home is something that should not be tolerated. Congress should take away the power from the prosecutors to charge and not charge, meaning that they should charge when the facts demonstrate a crime has been committed. That power, of not holding someone accountable, belongs to the people in form of a jury, not to a prosecutor looking for favors.

WTF!

Getting angry seems to be taboo these days. People that get angry seem to be always wrong and people that are calm and loquacious are always right. I mean why would you yell about getting sexually assaulted and why would you be mad at the affable guy that did that. It makes no sense, so next time you wake up on the ground when your homeless and some dude is laying on top of you like you were a mattress just remember that you are in sunny San Diego and smile about it while you are trying to figure out WTF is going on right now. For the record my pants were still on but my sleeping bag was 20 feet away and the the thing I used for a pillow, was removed from my head. The good thing is that it all just seems like a dream to me now. So remember that if you are the one yelling, you’re wrong and it’s your fault.

To be perfectly honest, I was in and out of consciousness, did it happen, there is no doubt. After that I used to try and sleep on the sides of rocky hill sides hoping that they trip and impale their dicks on a cactus instead of trying to impale them in me while I was asleep and for the life of me couldn’t wake up, but that’s life. No it isn’t, it really isn’t, that prison life but without the prison. I couldn’t for the life of me understand how these people were always able to find me. I changed spots often and I would sleep next to freeways with a crap load of brush. Never be homeless and if you are going to be homeless, then be homeless in the middle of the Sahara.

I did go to the emergency room and a proctologist to make sure that nothing happened, and they said everything was alright and then gave me a thumbs up, which these days really doesn’t reassure me too much.

CUOMOHMYGOD!!!

The Governor of the Great State of New York has tendered his resignation . Mr. Cuomo has decided not to put the State through political theater in the midst of an outbreak of Covid -19, the Delta force variant, which has been going through the vaccinated like the Taliban going through Afghanistan. It is a unlikely end to a person, that in 7 years could have run for and probably would have been the first American President of Italian descent. who was the face of confidence and voice of reason during the COVID pandemic, but the silver lining is that he will have his own show on some primetime news channel in a couple of years, and as sure as we were born stupid, it will happen. If you read my blog, what I will say next will make total sense. I cannot say he is guilty or not guilty but I can say that Anglo Saxon women are powerful. You can do whatever to immigrants, but Anglo Saxon women are a powerful group that can and will destroy you if you mess up. Again, this is not a referendum on what happened or on innocence or guilt or if anyone is lying, this is merely a statement that points out that you can do whatever you want to anyone but Anglo Saxon women, and good for them as I hope all women will reach that pinnacle one day, are as powerful as one group of people can be. This young lady did what Trump as President couldn’t even come close too. I think that Keanu Reeves has it right with the phantom hugs and no touch policy. I will say though that I know for a fact that what Gov. Cuomo did, allegedly, pales in comparison to what lesser people, non-political though, have done to immigrant women and those people are still working and will still receive their pensions, so forgive me if I can’t get behind the Cuomo is not worthy hoopla. This again is not to downplay the women and their feelings on these issues, I just know that a lot worse has happened to good people and been ignored. So, for now, ehhhh, is all I can muster up.

I will say one thing, Gov. Cuomo did do one thing that was really impressive. He withheld tax revenue from the State of NY from the Federal government when he felt that they were not doing enough to protect the States or taking enough remedial action against COVID. This was right after then President Trump said that the states had to do their own prevention measures. This was a bold move by the governor and I can definitively say that his troubles began shortly after that. So, lets just say that there is magic involved.