Monday, March 2, 2020

Bribery investigation involving alien detainee roster lists results in indictment

County Examiner has frequently wondered how some alien detainees secure legal representation. According to this press release from Immigration and Customs Enforcement (ICE), legal representation was alledged to have occurred through the Raymondville, Texas "friends and family" program.

From the ICE newsroom:

BROWNSVILLE, Texas — A South Texas woman was taken into custody Monday, following an indictment alleging she made a false statement to authorities in a bribery investigation involving alien detainee roster lists.
This announced was made by U.S. Attorney Ryan K. Patrick, Southern District of Texas. This investigation was conducted by U.S. Immigration and Customs Enforcement’s (ICE) Office of Professional Responsibility (OPR), ICE Homeland Security Investigations (HSI) and the Office of Inspector General (OIG).
On Feb. 18, 2020, a federal grand jury returned an indictment on Cynthia Alanis, 27, from Weslaco, Texas. She as arrested Feb. 24, 2020, without incident.
The charge stems from a bribery investigation involving Benito Barrientes, 42, from Lyford; Exy Adelaida Gomez, 42, from Los Fresnos; and Damian Ortiz, 30, and her brother and McAllen attorney Roel Alanis, 39, both from Weslaco. They were charged with conspiracy to commit bribery and bribery in relation to obtaining alien detainee roster lists.
According to court documents, the indictment against Alanis alleges she falsely stated she did not receive nor know of any alien detainee roster lists given to the Alanis law firm. However, the charges allege she had previously received detainee roster lists and knew of such lists given to the law firm.
Barrientes and Ortiz were employed at the Willacy County Regional Detention Center as a classification clerk and a senior program director, respectively. Gomez was a corrections officer at the El Valle Detention Center. Both facilities are in Raymondville, Texas.
The indictment also alleges Barrientes, Ortiz and Gomez obtained alien detainee roster lists from the El Valle Detention Center and the Port Isabel Detention Center in Los Fresnos while employed in their respective capacities.
The lists were then allegedly provided to Roel Alanis, an attorney with a practice in in the Rio Grande Valley. Roel Alanis then allegedly paid money to the employees in return for receiving the lists which contained names, dates of birth, country of origin and A-numbers of alien detainees. The charges allege Roel Alanis would visit the illegal aliens for the purpose of hiring his law firm as their attorney in immigration proceedings. Alternatively, he would instruct his sister or others to do so, according to the charges.
If convicted, Alanis faces up to five years in federal prison and a possible $250,000 maximum fine.
Barrientes and Ortiz have pleaded guilty and are set for sentencing April 29, 2020.
Assistant U.S. Attorney Oscar Ponce, Southern District of Texas, prosecuted this case. An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.

Are Florida legislators really on the road to banning "Blazing Saddles"?

Could sharing the "Yeah, but I shoot with this hand" and the "If you shoot him, you'll just make him mad" scenes from Blazing Saddles on social media get you charged with a third degree felony?




If the Florida Legislature passes SB 728 and Florida Governor Ron DeSantis signs the bill into law, anyone caught speaking or writing words from scenes in the movie "Blazing Saddles" or "A Christmas Story" could be charged with a third degree felony.

SB 728 would amend Section 790.162 of the Florida Statutes to read:

"Threats involving a firearm, weapon or destructive device--It is unlawful for any person to threaten to throw, project, place, or discharge any destructive device with intent to do bodily harm to any person or with intent to do damage to any property of any person. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084"

The problem with bills such as SB 728 is the Florida media covering these legislative committee hearings just cant bring themselves to point out to their readers--and to the Legislators--WORDS FROM A MOVIE, including the classic running gag in Ralphie's quest to get a Red Ryder BB gun take us down the path of codifying draconian speech codes into law so a politician can say they did something!--anything!




Sine die is March 13th; one week from this Friday.

Lets hope SB 728 dies a slow death.

Epic FAIL! Orlando Sentinel endorses Buttigieg three days before Pete suspends his campaign for President

If regular folks need yet another reason to distrust and disregard any and all endorsements published by newspaper editorial boards, they have one now. The timing of this one endorsement is just rich--and it occurred three days before the endorsed candidate suspended his Presidential bid.

Three days ago, specifically on February 28, 2020 the Orlando Sentinel editorial board published their endorsement of Pete Buttigieg for President in the Florida Democratic primary. 

"Our endorsement in the Florida Democratic Primary: A fresh start with Pete Buttigieg" was the title of the opinion piece.

Too bad for the Orlando Sentinel editorial board that yesterday, March 1, 2020 and just two days before early voting begins in certain Florida counties in the states' Presidential Preference primary Mayor Pete suspends his 2020 Presidential campaign.

From the Washington Times:
"Pete Buttigieg on Sunday ended his run for the Democratic presidential nomination, bringing an abrupt end to a campaign that took the openly gay former mayor to the top tier of the race."
The Orlando Sentinel editorial board endorsed Buttigieg three days before Pete suspends his campaign for President; it doesn't matter how many votes Mayor Pete gets from Florida Democrats; he won't win the Democratic nomination.

Meaning this endorsement is just an epic fail for the Orlando Sentinel editorial board.







Trump, Pence, coronavirus taskforce to meet with Pharma at 3:00 pm eastern

In advance of President Trump's Keep America Great rally in Charlotte, North Carolina later today the President received his intelligence briefing and is scheduled to meet with Vice President Pence and members of the Coronavirus Task Force and pharmaceutical executives at approximately 3:00 pm Eastern.

Earlier this morning Beatriz Pascual MacĂ­as of EFE, a leading Spanish news agency shared this pool report with remarks from President Trump:

Trump mentioned that he is going tonight to North Carolina for a rally. "We are working very hard with the CDC with everybody on a subject that has become a very big subject, our country is doing very well, our professionals are doing really an incredibly job., We are also working with other countries to help them , because they really have a fear of the unknown, we are working very much with a lot of other countries, including Colombia"
 
"Again we are doing very well. Some additional people were reported. We are in good shape but we have additional people that were reported, and not very many in the United States. "
 
"I am also meeting with the pharmaceutical companies, right around this afternoon."
 
"We're talking about a vaccine; maybe a cure is possible. So, we'll see about that. But we're about a vaccine; and they're moving along very quickly, all of the pharmaceutical companies, are moving along very quickly"
 
"We've asked them to accelerate whatever they're doing in terms of a vaccine. Absolutely."

 





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.

     Sec. 2.  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.

 
     Sec. 3.  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.

 
     Sec. 4.  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:

 
     "Sec. 5.  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."

     Sec. 5.  Termination.  This proclamation shall remain in effect until terminated by the President. 

     Sec. 6.  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
.
 
     Sec. 7.  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.

 
     Sec. 8.  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?