Saturday, February 29, 2020

President Trump expands coronavirus travel restrictions to include Iran

Recall that President Trump imposed travel restrictions on non-U.S. citizens present in or transiting through China into the United States due to the coronavirus on January 30, 2020. Earlier today those travel restrictions were expanded to include Iran.

Expect the Open Borders crowd who believes everyone on the planet who can make it to the United States is entitled to healthcare courtesy of the U.S. taxpayer to go bat-S@#$ crazy.

SUSPENSION OF ENTRY AS IMMIGRANTS AND NONIMMIGRANTS
OF CERTAIN ADDITIONAL PERSONS WHO POSE A RISKOF TRANSMITTING 2019 NOVEL CORONAVIRUS - - - - - - - BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION 

     On January 31, 2020, I issued Proclamation 9984 (Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk).  I found that the potential for widespread transmission of a novel (new) coronavirus (which has since been renamed "SARS-CoV-2" and causes the disease COVID-19) ("SARS-CoV-2" or "the virus") by infected individuals seeking to enter the United States threatens the security of our transportation system and infrastructure and the national security.  Because the outbreak of the virus was (and is) centered in the People's Republic of China, I suspended and limited the entry of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States, subject to certain exceptions.
    CDC has determined that the Islamic Republic of Iran (Iran) is experiencing sustained person-to-person transmission of SARS-CoV-2.  As of February 28, 2020, Iran had 388 cases of COVID-19, a significant increase from prior days.  In response to that increase, on February 28, 2020, CDC raised its infectious disease alert to level 3, its highest level, which recommends that travelers avoid all nonessential travel to Iran.  According to the World Health Organization, as of February 28, 2020, 97 COVID-19 cases have been exported from Iran to 11 other countries.

     Iran is not a trustworthy state actor, as it has repeatedly demonstrated through its history of engaging in malign activity, and confirmed most recently by its repeated denials of responsibility for shooting down an international airliner.  The United States Government is therefore unable to rely on official information disseminated by Iran, undermining the effective evaluation and monitoring of travelers continuing to arrive from that country. 


 
    The potential for undetected transmission of the virus by infected individuals seeking to enter the United States from Iran threatens the security of our transportation system and infrastructure and the national security.  Given the importance of protecting persons within the United States from the threat of this harmful communicable disease, I have determined that it is in the interests of the United States to take action to restrict and suspend the entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within Iran during the 14-day period preceding their entry or attempted entry into the United States.

     NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the unrestricted entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions.  I therefore hereby proclaim the following:

 
     Section 1.  Suspension and Limitation on Entry.  The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.

     Sec2.  Scope of Suspension and Limitation on Entry.

     (a)  Section 1 of this proclamation shall not apply to:

          (i)     any lawful permanent resident of the United States;

          (ii)    any alien who is the spouse of a U.S. citizen or lawful permanent resident;

          (iii)   any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;

          (iv)    any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;

          (v)     any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

 
          (vi)    any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
(vii)   any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew;
          (viii)  any alien
               (A)  seeking entry into or transiting the United States pursuant to one of the following visas:  A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee's immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or

               (B)  whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;

 
 
          (ix)    any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;

          (x)     any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

          (xi)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees; or

          (xii)   members of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces.

     (b)  Nothing in this proclamation shall be construed to affect any individual's eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States.

 
     Sec3.  Implementation and Enforcement.  (a)  The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish.  The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish.

     (b)  Consistent with applicable law, the Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security shall ensure that any alien subject to this proclamation does not board an aircraft traveling to the United States.

     (c)  The Secretary of Homeland Security may establish standards and procedures to ensure the application of this proclamation at and between all United States ports of entry.

     (d)  An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.

 
     Sec4.  Amendments to Proclamation 9984.  Proclamation 9984 is amended as follows:

     (a)  Section 2(a)(viii) of Proclamation 9984 is amended to read as follows:  "(viii)  any alien (A) seeking entry into or transiting the United States pursuant to one of the following visas:  A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee's immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or (B) whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;"

     (b)  Section 3(c) of Proclamation 9984 is amended to read as follows:  "(c)  The Secretary of Homeland Security may establish standards and procedures to ensure the application of this proclamation at and between all United States ports of entry."

     (c)  Section 5 of Proclamation 9984 is amended to read as follows:

 
     "Sec5.  Termination.  This proclamation shall remain in effect until terminated by the President.  The Secretary of Health and Human Services shall, as circumstances warrant and no more than 15 days after the date of this proclamation and thereafter on the first and fifteenth day of each calendar month, recommend that the President continue, modify, or terminate this proclamation and any other proclamation suspending or limiting the entry of foreign nationals into the United States as immigrants or nonimmigrants because of the threat posed by the virus."

     Sec5.  Termination.  This proclamation shall remain in effect until terminated by the President. 

     Sec6.  Effective Date.  This proclamation is effective at 5:00 p.m. eastern standard time on March 2, 2020.  This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 5:00 p.m. eastern standard time on March 2, 2020
.
 
     Sec7.  Severability.  It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States.  Accordingly:

     (a)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby; and

     (b)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders.

 
     Sec8.  General Provisions.  (a)  Nothing in this proclamation shall be construed to impair or otherwise affect:
 
          (i)   the authority granted by law to an executive department or agency, or the head thereof; or
 
          (ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
 
     (b)  This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
 
     (c)  This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

 
     IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-ninth day of February, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth.



Monday, February 3, 2020

Falsely stating to Feds you'll use Hurricane Harvey $$ to repair your home can land you in hot water

Falsely stating to the Feds that you'll use Hurricane Harvey funds to repair your damage when that's not what you did with the $$ will land you in some deep doo-doo.

He pled guilty to using the Presidential Declaration issued in the aftermath of Hurricane Harvey to make materially false, fictitious and and fraudulent statements to the Small Business Administration in an applicant for benefits to repair his damaged property.

But alas.

From the U.S. Attorney's Office, Southern District of Texas:

HOUSTON A Houston area man has entered a guilty plea to money laundering in connection with his scheme to defraud the Small Business Administration (SBA), announced U.S. Attorney Ryan K. Patrick. 

Robert Kaitho, 56, entered his guilty plea today before U.S. District Judge Andrew Hanen.
Kaitho applied for government assistance in reference to property damage sustained in Hurricane Harvey. In that application, he falsely represented to the SBA that he would use the disbursed funds to rehabilitate or replace the affected property. 
As a result of his misrepresentations, the SBA disbursed a federally-funded disaster loan to Kaitho for $71,100, all of which was deposited into his personal bank account. 
As part of his plea, Kaitho admitted he used the SBA funds to make unauthorized wire transfer payments, in the amounts of $10,000 and $15,000, to a mortgage company. Kaitho also acknowledged he used funds transferred into his account to make a $30,633.00 wire transfer payment to an individual located in Kenya, another unauthorized expenditure.
Judge Hanen accepted the plea today and set sentencing for June 1. At that time, Kaitho faces up to 10 years in federal prison and a $250,000 maximum possible fine. Kaitho was permitted to remain on bond pending that hearing.

Saturday, February 1, 2020

An accidental endorsement? Texas pay-to-play slate recommends YES vote for a second questionable candidate

County Examiner finds a second compromised Republican candidate endorsed on a pay-to-play slate.

Yesterday County Examiner brought to light a pay-to-play GOP endorsement slate arriving in the mailboxes of thousands of Harris County, Texas -area Republican primary voters. This blog highlighted the problematic recommendation that Harris County, Texas-area GOP primary voters put former Judge James Lombardino back on the bench, only this time put him on the bench as Justice, 1st Court of Appeals, District Place 5.

You can read about it here.

Today, County Examiner highlights a SECOND problematic recommendation; only this time  that voters in Texas House District 138 mark their mail-in ballot or pull the lever for  questionable candidate Josh Flynn.






























Why does a GOP primary win for Flynn put Harris County Republicans in a precarious position?

Mr Woodfill, as we revealed yesterday, self-identified as the President, Conservative Republicans of Harris County--the very entity behind the endorsement mailer. 

Where on this mailer has Mr. Woodfill disclosed to the voters he represented Josh Flynn in a civil court case? Is that little tidbit of information shown on this mailer? Conflict of interest, much?





















































Mr. Woodfill represented Josh Flynn in a case challenging Flynns eligibility to run for the HD 138 race, due to multiple factors surrounding Flynns resignation from the lucrative office of the Harris County Department of Education prior to filing run for the State Legislature.

For now, a court injunction prevents Paul Simpson, Chair of the Harris County Republican Party, from removing Flynn's name from the ballot.

Should Flynn win the March GOP primary and go on to the November general election, I expect Texas Democrats will hammer Texas Republicans over their choice of Flynn and pursue getting his name taken off the November 2020 ballot over this very issue, meaning Texas Republicans could conceivably LOSE this State Representative race to whoever gets the Democratic nod.

So have Steve Hotze and Jared Woodfill endorsed Flynn teeing up a Republican WIN in this race in November or endorsed Flynn setting up Republicans to LOSE this race in November?