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Title: Illegal immigrant ordered freed by feds now suspected of murder in Ohio
Source: Fox News
URL Source: http://www.foxnews.com/us/2015/07/2 ... -now-suspected-murder-in-ohio/
Published: Jul 29, 2015
Author: Edmund DeMarche
Post Date: 2015-07-29 16:03:56 by nolu chan
Keywords: None
Views: 5268
Comments: 40

Illegal immigrant ordered freed by feds now suspected of murder in Ohio

By Edmund DeMarche
Published July 29, 2015
FoxNews.com

An illegal immigrant suspected of murdering one woman, wounding another and attempting to rape a 14-year-old girl was released earlier this month by Ohio sheriff's deputies after U.S. Customs and Border Protection agents told them not to hold him, law enforcement officials said Tuesday.

Juan Emmanuel Razo, 35, was arrested Monday after a shootout with police following a crime spree police say began with the attempted rape of a girl in a park in Painesville, about 30 miles northeast of Cleveland. He later shot a woman in front of her children and murdered a 60-year-old woman in nearby Concord Township, according to police. While Razo is being held on $10 million bond, authorities are trying to explain why he was allowed to remain in the U.S. illegally after local authorities questioned him just three weeks ago.

“I have somebody who we don’t know who he is, why he is in this country, why he is here illegally and why he allegedly committed a murder," Painesville Municipal Court Judge Michael Cicconetti thundered at Razo's arraignment, noting the suspect has no green card, birth certificate or driver's license.

"I can't set a bond high enough," he continued. "How in the hell do I even know it's him?"

Cicconetti later told Fox News he did not understand how federal authorities could have ordered Razo released on July 7 when local deputies questioned him and contacted Border Protection officials, given that no one could even verify his identity.

"If you are stopped, at that point, whether it be by law enforcement or you make your first court appearance, at that point we have to have some kind of identifier on him," he said.

[snip]

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Begin Trace Mode for Comment # 32.

#3. To: nolu chan (#0) (Edited)

Illegal immigrant ordered freed by feds now suspected of murder in Ohio

It's time to start indicting members of the Obama immigration team with obstruction of justice at the state level and issuing warrents for their arrest. To hell with this nonsense.

rlk  posted on  2015-07-29   19:12:45 ET  Reply   Untrace   Trace   Private Reply  


#11. To: rlk (#3)

It's time to start indicting members of the Obama immigration team with obstruction of justice at the state level and issuing warrents for their arrest.

Unfortunately, that is not a real legal option.

The people could always tell their congresscritters that they will vote against them if congressional action is not taken, and vote them out of office. That has a very slim chance of going anywhere.

nolu chan  posted on  2015-07-29   23:33:17 ET  Reply   Untrace   Trace   Private Reply  


#14. To: nolu chan, rlk (#11)

It's time to start indicting members of the Obama immigration team with obstruction of justice at the state level and issuing warrents for their arrest.

Unfortunately, that is not a real legal option.

Are you saying that there is no legal action that can be taken against Obama and/or officers in his administration for not obeying Federal immigration laws? Or that there are no legal actions the Fed can take against states and/or cities for violating Federal immigration laws?

SOSO  posted on  2015-07-29   23:39:18 ET  Reply   Untrace   Trace   Private Reply  


#21. To: SOSO (#14)

Are you saying that there is no legal action that can be taken against Obama and/or officers in his administration for not obeying Federal immigration laws? Or that there are no legal actions the Fed can take against states and/or cities for violating Federal immigration laws?

No.

I believe legal action has been initiated against the Obama administration in Federal court in Texas, prevailing at the District Court and the Circuit Court. This is not in the manner of criminal charges, but to challenge some immigration policies. Litigation proceeds in Federal court against the agency, with the named respondant being the head of the agency, in this case, Jeh Johnson.

I don't see how to indict "members of the Obama immigration team with obstruction of justice at the state level" ... or to issue "warrants for their arrest" at the state level.

The Fed can take actions to "encourage" states or cities to do things. The Fed could tie a lot of government funding to good behavior. That is how the drinking age was uniformly raised to 21. I do not think they can coerce or order the states to do their job for them.

nolu chan  posted on  2015-07-30   3:25:06 ET  Reply   Untrace   Trace   Private Reply  


#23. To: nolu chan (#21) (Edited)

I don't see how to indict "members of the Obama immigration team with obstruction of justice at the state level" ... or to issue "warrants for their arrest" at the state level.

It can be done, but not by a bunch of uncomitted grinning pussys.

The basic thrust of the case will be that you can not interfere with a murder investigation or criminal investigation or prosecution in the state of Ohio. It makes no difference if you are a federal agent or a messenger from God. To do so is to incur a jail sentence if you ever re-enter the state. If you enter the state for such purpose, you will be arrested and tried for obstruction of justice.

rlk  posted on  2015-07-30   6:06:30 ET  Reply   Untrace   Trace   Private Reply  


#29. To: rlk (#23)

It can be done, but not by a bunch of uncomitted grinning pussys.

No, it can't be done. The members of Obama's immigration team enjoy limited immunity from criminal prosecution. They are clearly doing their duty in accordance with the demands of their bosses.

There simply is no obstruction of justice with any murder investigation or criminal investigation. There is a Federal failure to enforce Federal immigration law.

The State judicial system cannot criminally prosecute a Federal agent or officer for how the State perceives that he does, for fails to do, his Federal job.

Immigration decisions are strictly and solely under the jurisdiction of the Federal government. Ask Joe Arpaio. He cannot enforce the Federal law, and he cannot do squat about how the Fed enforces it or ignores its enforcement responsibilities.

Some States have entered into a bilateral agreement with the Federal government in order to obtain Federal permission to enforce some aspects of Federal immigration law.

nolu chan  posted on  2015-07-30   13:51:02 ET  Reply   Untrace   Trace   Private Reply  


#32. To: nolu chan (#29)

It can be done, but not by a bunch of uncomitted grinning pussys.

They are clearly doing their duty in accordance with the demands of their bosses.

There simply is no obstruction of justice with any murder investigation or criminal investigation.

That's your opinion. You're one of the previously mentioned pussys ready to raise the white flag of surrender at every opportunity.

They are clearly doing their duty in accordance with the demands of their bosses. Then indict their bosses along with them. There is plenty of established legal precedent for doing it.

rlk  posted on  2015-07-30   15:17:45 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 32.

#39. To: rlk (#32)

You're one of the previously mentioned pussys ready to raise the white flag of surrender at every opportunity.

No, I am not one of the birther idiots who would lose 200+ consecutive cases that never had a chance to succeed. Certainly, you may take up your sword, raise your battle flag, and ride into combat against windmills. Have no fear and few hopes.

They are clearly doing their duty in accordance with the demands of their bosses.

Then indict their bosses along with them. There is plenty of established legal precedent for doing it.

Federal officials cannot be prosecuted for crimes at the State level, as you suggested.

Any attempted State prosecution would be immediately removed to Federal court. The motion to remove to Federal court will be filed 100% of the time and win 100% of the time. What you suggest just can't be done at the State level.

http://law.justia.com/codes/us/2012/title-28/part-iv/chapter-89/section-1442/

DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS

28 U.S.C. § 1442 (2012)

§1442. Federal officers or agencies sued or prosecuted

(a) A civil action or criminal prosecution that is commenced in a State court and that is against or directed to any of the following may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending:

(1) The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, in an official or individual capacity, for or relating to any act under color of such office or on account of any right, title or authority claimed under any Act of Congress for the apprehension or punishment of criminals or the collection of the revenue.

(2) A property holder whose title is derived from any such officer, where such action or prosecution affects the validity of any law of the United States.

(3) Any officer of the courts of the United States, for or relating to any act under color of office or in the performance of his duties;

(4) Any officer of either House of Congress, for or relating to any act in the discharge of his official duty under an order of such House.

(b) A personal action commenced in any State court by an alien against any citizen of a State who is, or at the time the alleged action accrued was, a civil officer of the United States and is a nonresident of such State, wherein jurisdiction is obtained by the State court by personal service of process, may be removed by the defendant to the district court of the United States for the district and division in which the defendant was served with process.

(c) Solely for purposes of determining the propriety of removal under subsection (a), a law enforcement officer, who is the defendant in a criminal prosecution, shall be deemed to have been acting under the color of his office if the officer—

(1) protected an individual in the presence of the officer from a crime of violence;

(2) provided immediate assistance to an individual who suffered, or who was threatened with, bodily harm; or

(3) prevented the escape of any individual who the officer reasonably believed to have committed, or was about to commit, in the presence of the officer, a crime of violence that resulted in, or was likely to result in, death or serious bodily injury.

(d) In this section, the following definitions apply:

(1) The terms “civil action” and “criminal prosecution” include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court.

(2) The term “crime of violence” has the meaning given that term in section 16 of title 18.

(3) The term “law enforcement officer” means any employee described in subparagraph (A), (B), or (C) of section 8401(17) of title 5 and any special agent in the Diplomatic Security Service of the Department of State.

(4) The term “serious bodily injury” has the meaning given that term in section 1365 of title 18.

(5) The term “State” includes the District of Columbia, United States territories and insular possessions, and Indian country (as defined in section 1151 of title 18).

(6) The term “State court” includes the Superior Court of the District of Columbia, a court of a United States territory or insular possession, and a tribal court.

(June 25, 1948, ch. 646, 62 Stat. 938; Pub. L. 104–317, title II, §206(a), Oct. 19, 1996, 110 Stat. 3850; Pub. L. 112–51, §2(a), (b), Nov. 9, 2011, 125 Stat. 545; Pub. L. 112–239, div. A, title X, §1087, Jan. 2, 2013, 126 Stat. 1969.)

In re Neagle, 135 U.S. 1, 75 (1890)

To the objection, made in argument, that the prisoner is discharged by this writ from the power of the state court to try him for the whole offense, the reply is that if the prisoner is held in the state court to answer for an act which he was authorized to do by the law of the United States, which it was his duty to do as marshal of the United States, and if, in doing that act, he did no more than what was necessary and proper for him to do, he cannot be guilty of a crime under the law of the state of California. When these things are shown, it is established that he is innocent of any crime against the laws of the state, or of any other authority whatever. There is no occasion for any further trial in the state court, or in any court. The Circuit court of the United States was as competent to ascertain these facts as any other tribunal, and it was not at all necessary that a jury should be impaneled to render a verdict on them. It is the exercise of a power common under all systems of criminal jurisprudence. There must always be a preliminary examination by a committing magistrate, or some similar authority, as to whether there is an offense to be submitted to a jury, and, if this is submitted in the first instance to a grand jury, that is still not the right of trial by jury which is insisted on in the present argument.

For an extended discussion of immunity laws, see:

http://web.law.columbia.edu/sites/default/files/microsites/constitutional-governance/files/law-journals/What-Kind-of-Immunity-1.pdf

What Kind of Immunity? Federal Officers, State Criminal Law, and the Supremacy Clause

Seth P. Waxman and Trevor W. Morrison
112 Yale L.J. 2195, 2252 (2003)

[snippet]

"Precedents ranging from McCulloch to Neagle provide the answer: State law does not apply if it would threaten to interfere with federal interests. More specifically, federal officers may not be subject to state criminal prosecution for conduct they reasonably believe to be necessary and proper to the discharge of their federal functions."

nolu chan  posted on  2015-07-31 19:37:04 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 32.

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