Connect with us

Everything

Virtue signaling aside, does Chicago have a right to DOJ funding?

Published

on

Yeah, if everyone could stop getting outraged and focus on how the law actually works, that’d be great.

Attorney General Sessions announced on July 25 that federal funding under the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) has been officially barred from cities refusing to comply with federal immigration law. Rahm Emanuel, Chicago mayor and former Obama Chief of Staff, responded on Sunday by threatening a lawsuit against the Department of Justice, which was filed on Monday. For context, a Ninth Circuit judge illegally struck down President Trump’s executive order in January which more broadly prohibited funds to sanctuary cities (like the policy or not, that’s not how the judiciary works. Somebody actually has to file a case).

The DOJ swiftly replied to Emanuel’s pushback: “In 2016, more Chicagoans were murdered than in New York City and Los Angeles combined. So it’s especially tragic that the mayor is less concerned with that staggering figure than he is spending time and taxpayer money protecting criminal aliens and putting Chicago’s law enforcement at greater risk,” said department spokeswoman Sarah Isgur Flores.

Predictably, this story is being touted Left and Right with the utmost virtue signaling, so much so that no news outlet seems to have even considered which side has the best legal footing. It can be hard to keep our knee-jerk grandstanding to ourselves, so let’s put all that to rest before we move on to the more substantive material:

This article will not address crime rates among illegal immigrants, the Chicago prison system already teeming with complications and which would be decluttered with the deportation of illegals, nor the dubious research on whether sanctuary cities experience any significant change in crime rate.

But that goes both ways. I would also appreciate if the other side would calm down about accusations that Sessions has somehow violated the Constitution and Rahm’s “fundamental rights,” that this measure betrays the moral values of the city of Chicago, that it’s akin to blackmail, or that the withholding of a measly 0.03% of the city budget will “make the people of Chicago less safe” and “[undermine Chicago’s] actual safety agenda” in any serious way. It’s not about kindness, the American Dream, or being a “welcoming city.” It’s about the law.

Lastly, I won’t dive into a discussion about the virtue or even legality of sanctuary cities — federal law is supreme and cities must follow it as it pertains to them, whether they like it or not. But that’s not the item in question.

To address this story adequately, we need to consider the core issue: does the Department of Justice have the authority to rescind its contract with the city of Chicago? Consenting parties have a constitutional right to enter into a contract, so if Sessions has violated his end, then Emanuel might have a case.

When accepted for this grant program, states (and subsequently cities) enter into a contract with the DOJ. States apply to the Byrne JAG Program and are awarded funding based on a formula calculated by the Bureau of Justice Statistics involving population and violent crime stats. As this is a federal grant, the money can only be used for its stated purpose in a few specified areas. If a city or state refuses to comply with those terms, then no deal. They don’t lose any money; they just don’t qualify for additional funding because they won’t use it for its intended purpose.

This touches on a critical point: the DOJ isn’t holding outside money hostage. They’re not refusing funding for education, infrastructure, or anything unrelated so as to ostensibly treat police officers like “political pawns in a debate,” as Emanuel has alleged. This is money exclusively set aside for law enforcement, and the DOJ is refusing it based on concerns regarding law enforcement.

Next we have to ask whether Chicago intended to uphold their federal contract anyway by allotting the funds to an approved category. Chicago had reportedly planned on using its promised $3.2 million to buy police vehicles, which arguably qualifies under Byrne JAG specifications as “equipment,” so that appears to check out.

As far as I can tell, Chicago was in total compliance with the stated restrictions of the grant until the attorney general’s announcement, which makes it the only part that truly matters.

On July 25, Sessions declared in part, “From now on, the Department will only provide Byrne JAG grants to cities and states that comply with federal law, allow federal immigration access to detention facilities, and provide 48 hours notice before they release an illegal alien wanted by federal authorities. This is consistent with long-established cooperative principles among law enforcement agencies.” He cited “tak[ing] down MS-13 and other violent transnational gangs” as impetus for the policy change, and the department later issued further details concerning the new additions.

Under these restrictions, Chicago most certainly does not qualify for the Byrne JAG. So where does Sessions stand? It all depends on whether the attorney general has the authority to transparently adjust the terms of a financial contract while such is already in place.

To my knowledge, yes. He didn’t do it in secret and bust anyone for a law they didn’t know about, and, more importantly, it’s not legislation; it’s DOJ policy, and Sessions is the head of the DOJ. The contract comes from the DOJ, so only the DOJ can alter it, and there’s no reason they can’t alter it (it would be silly to claim that once a policy is established it has to stay that way forever).

I know of no legal argument against Sessions’s ability to amend department policy, and I haven’t seen any publication or politician even attempt to present one. We’ll just have to see if virtue signaling (from both sides) outweighs the legal question.

Richie Angel is a Co-Editor in Chief of The New Guards. Follow him and The New Guards on Twitter, check out The New Guards on Facebook.

Richie Angel is a Co-Editor in Chief of The New Guards, Co-Host of The New Guards Podcast, lifelong fan of the Anaheim Ducks, and proud Hufflepuff. He graduated Magna Cum Laude in English from Brigham Young University in 2017. One day later, his wife gave birth to a beautiful daughter. Richie is a constitutional conservative and doesn't see any compassion in violating other people's rights.

Continue Reading
Advertisement
1 Comment

1 Comment

  1. R angel

    August 8, 2017 at 8:11 am

    Totally agree

Leave a Reply

Your email address will not be published. Required fields are marked *

Opinions

It isn’t Never-Trump or Always-Trump destroying conservatism, it’s Sometimes-Trump

Published

on

One of the craziest—or should I say laziest—accusations leveled against me by Trump’s die-hard loyalists whenever I dare to call him out for breaking a campaign promise, getting caught in a lie, or promoting unconstitutional non-conservative ideas, is that I’m a liberal. Sometimes, they go so far as to accuse me of working for George Soros.

As I’ve said many times in response, I don’t work for Mr. Soros, but since money’s been a little tight at the Strident Conservative lately, if anyone has his number, I’d appreciate it if you’d send it my way.

It’s a sad reality that these pathetic taunts are what passes for political discourse in the Age of Trump. Gone are the days when differences could be civilly discussed based on facts instead of emotion.

Another sad reality of this behavior is that it’s a sign that the end of conservatism is near, as Trump’s small army of loyal followers attempt to rebrand conservatism by spreading the lie that he is a conservative and, using binary logic, accusing anyone who opposes him of being a liberal.

This rebranding effort has had an impact. Last week, RNC Chair Ronna McDaniel warned Republican hopefuls that anyone who opposed Trump’s agenda would be “making a mistake.”

McDaniel’s threat was issued following the GOP primary defeat in South Carolina by conservative Mark Sanford after he was personally targeted by Trump himself. Sanford’s crime? Disloyalty to the NY Liberal.

Another source of damage to conservatism has come from evangelicals and the so-called conservative media. In the name of self-preservation, they choose to surrender their principles by promoting the lie that Trump is a conservative. Some of these voices have taken to labelling conservatives who oppose Trump as Never-Trump conservatives, or worse, branding them as liberals and/or Democrats, as was recently written in a piece at TheFederalist.com:

“Trump may be an unattractive and deeply flawed messenger for contemporary conservatism. But loathe though they might be to admit it, what’s left of the Never-Trump movement needs to come to grips with the fact that the only words that currently describe them are liberals and Democrats.”

Then there are those who have adopted a Sometimes-Trump attitude about the president, where everything Trump does is measured using a good Trump/bad Trump barometer. While it has become fashionable for Sometimes-Trump conservatives to stand on their soap boxes condemning both Never-Trump conservatives and Always-Trump faux conservatives, I believe that this politically bipolar approach to Trump is the greatest threat of all to Constitutional conservatism in America.

Sometimes-Trump conservatives have accepted the lie that it’s okay to do a little evil in exchange for a greater good. Though they may fly a conservative banner, their lukewarm attitude about Trump is much like the attitude we see in the Laodicean church mentioned in the Book of Revelations (3:15-16).

“I know your deeds, that you are neither cold nor hot. I wish you were either one or the other! So, because you are lukewarm—neither hot nor cold—I am about to spit you out of my mouth.”

Trump is a double-minded man unstable in all his ways (James 1:8). When lukewarm Sometimes-Trump conservatives choose to overlook this reality, they end up watering-down conservatism to the point that it has no value or power to change America’s course.

As lukewarm Sometimes-Trump conservatives point to the Always-Trump and Never-Trump factions as the reason for today’s conservative divide, remember that it’s the unenthusiastic, noncommittal, indifferent, half-hearted, apathetic, uninterested, unconcerned, lackadaisical, passionless, laid back, couldn’t-care-less conservative imposters in the middle who are really responsible.

Originally posted on The Strident Conservative.

 


David Leach is the owner of The Strident Conservative. His daily radio commentary is distributed by the Salem Radio Network and is heard on stations across America.

Follow the Strident Conservative on Twitter and FacebookSubscribe to receive podcasts of radio commentaries: iTunes | Stitcher | Tune In | RSS

Continue Reading

Culture and Religion

Video Double play: Busting the gun grabber’s musket myth.

Published

on

By

Gun confiscation bingo

Two videos that eviscerate the Liberty Grabbers ‘One shot’ musket myth.

It is a bedrock principle (if they have any) of the Liberty grabber Left that back during the ratification of the US Constitution the only weapons in existence were flintlock musket that took 5 minute to reload. Thus there wasn’t any school violence because it would have taken too long for the perpetrator to kill anyone.

As it typical of the lore of the national socialist Left, this is a lie of the first order. A previous video celebrated the “Assault Weapon” tricentennial, which was bit of the tongue in cheek variety since there were other repeating “Military Style” weapons in existence before this time period. These will be detailed in future articles. Meanwhile we present two videos that also bust the ‘Musket Myth’, one a short presentation from the Royal Armouries on the Jover and Belton “Flintlock breech-loading superimposed military musket”

Royal Armouries
Published on Aug 30, 2017
Curator of Firearms, Jonathan Ferguson, gives us a peek at the Flintlock breech-loading superimposed military musket, by Jover and Belton (1786)

This is a very relevant piece since the inventor Joseph Belton corresponded with the Continental Congress in 1777:

May it Please your Honours,
I would just informe this Honourable Assembly, that I have discover’d an improvement, in the use of Small Armes, wherein a common small arm, may be maid to discharge eight balls one after another, in eight, five or three seconds of time, & each one to do execution five & twenty, or thirty yards, and after so discharg’d, to be loaded and fire’d with cartridge as usual.

“It was demonstrated before noted scientists and military officers (including well known scientist David Rittenhouse and General Horatio Gates)”

This destroys the mythology that the founders had no knowledge of this type of repeating firearm technology that existed already.

The second is a humours dissertation on the subject from video raconteur Steven Crowder https://www.louderwithcrowder.com/

from a few years ago that also eviscerates this bit of Leftist mythology.

Published on Feb 10, 2015
People have been telling us for years that the 2nd amendment was written in a time of Muskets, and that it doesn’t apply to the evolved weapons of today. Is it true?

So why is this important?

Two primary reasons. One that these factual examples demonstrate that the founding fathers knew of these technological advances. Therefore, they destroy any Leftist pretences that the 2nd amendment be confined to muskets. Second that, school violence is something other than an issue of guns.

Continue Reading

Immigration

House proposal makes DACA permanent and grants citizenship to illegals

Published

on

When Donald Trump issued an executive order in Sept. 2017 rescinding the Deferred Action for Childhood Arrivals (DACA) order issued by Barack Obama, he was cheered by his adoring fans for appearing to keep one of his campaign promises regarding the illegal immigration problem. However, as the old saying goes, appearances can be deceiving.

The reason I call it deceiving is because Trump’s order was merely a technicality—sort of a Rescind-In-Name-Only moment—used to buy the time necessary to make DACA permanent, which has been his “big heart” goal from the beginning.

Of course, any permanent legislation needs to come from Congress, which should have been problematic for Republicans who campaigned for years against Obama’s handling of illegal immigration. But in today’s Republican party—owned and operated by Trump—such commitments have become secondary to the requirement to please Dear Leader.

For example, just days after Trump’s deceptive order, Mitch McConnell went on record in support of negotiation with Democrats and the president—but I repeat myself—to save DACA and create an amnesty plan and eventual citizenship for approximately 1.8 million DREAMers.

Though past attempts have failed, election-season fever is sweeping Washington, so Trump and Republican party loyalists are making another push to get the job done.

After conducting several days of Nancy Pelosi-style meetings behind closed doors, Paul Ryan released an immigration plan yesterday that will legally protect DREAMers while also providing over $23 billion for another Trump promise—a border wall.

Wait a minute! I though Trump promised us that Mexico was going to pay for the wall. I suppose that’s just another in-name-only moment for the New York liberal.

Back to the House proposal. DREAMers can apply for “nonimmigrant status” which is essentially a newfangled way to say visa. The extra visas necessary to handle these requests will be available due to new restrictions that will lower the number of legal immigrant applications, which means legal immigrants will be effectively moved to the back of the line.

But that’s not the worst part.

Once obtained, these visas become the first step on a pathway to citizenship, which means that years down the road, 1.8 million illegals—probably more—will have jumped the line to US citizenship ahead of legal immigrants, despite the rhetoric from Trump and the GOP claiming otherwise.

Though this proposal may or may not pass, making DACA permanent and creating a pathway to citizenship are broken promises. But as I wrote a few days ago, breaking promises has become a job requirement in the age of Trump and today’s GOP.

Originally posted on The Strident Conservative.

 


David Leach is the owner of The Strident Conservative. His daily radio commentary is distributed by the Salem Radio Network and is heard on stations across America.

Follow the Strident Conservative on Twitter and FacebookSubscribe to receive podcasts of radio commentaries: iTunes | Stitcher | Tune In | RSS

Continue Reading

NOQ Report Daily

Advertisement

Facebook

Twitter

Advertisement

Trending

Copyright © 2017 NOQ Report.