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

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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.

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1 Comment

1 Comment

  1. R angel

    August 8, 2017 at 8:11 am

    Totally agree

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Media

DDoS and Twitter attack in same day. Someone’s not happy with us.

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DDoS and Twitter attack in same day Someones not happy with us

I should have known when the the Twitter account for the site was suddenly permanently banned that something was fishy. Unfortunately, Twitter is funny that way, so I didn’t put 2 and 2 together until the site itself went down.

When you operate a site that tells the truth, there’s bound to be someone offended. That’s the nature of the game, especially for a news site that focuses on conservative media, that holds a Judeo-Christian worldview, and that isn’t afraid to say things that may not be popular with, well, most people.

Our web provider was great. They recognized the attacks and took steps to stop them, but the attackers are clever. When they couldn’t brute-force hack into the admin, they went the DDoS route. I’m not going to get into the technical details because they’re over my head, but from what I can tell from the logs and in talking to our host, it wasn’t a casual attack. They’ve been trying to hack the back end for days and when that proved too challenging,they went straight for the shutdown attempt.

As for Twitter, I’m not even going to bother. The site and one of the authors (that I’ve seen so far) were banned. I switched the site to link to my personal Twitter account. Been meaning to spend more energy there anyway.

This is reason #17 why we’re so badly in need of donations from our readers. We have big plans for the site that include paid editors, writers, graphics, and a tech person (which we obviously need). I need to move the site to a stronger hosting tier, one that can withstand attacks like today. The one we’re using isn’t cheap, but it’s not top-of-the-line.

When you’re on the right side of the political aisle, there will be people who try to stop you. We will persevere, but we certainly can use the help.

To paraphrase a famous quote, if you’re not making enough people mad, then you’re doing it wrong. We will not crumble under the weight of heavy opposition. Fighting the left and their media puppets is a task that’s too important to let go.


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Culture and Religion

The complete fraud that is socialism

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The complete fraud that is socialism

Once again we are witness to the age-old scam of socialism with Leftists making promises to attain power that can never be fulfilled.

Long before Aleksandr Solzhenitsyn’s Gulag Archipelago exposed the systematic oppression, torture, incarceration and deliberate mass murder that are the hallmarks of socialistic slavery. James A. Michener documented the 1956 Hungarian uprising against communism in his book ‘The Bridge at Andau’. While both are great literary works, ‘The Bridge at Andau’ laid bare the complete fraud that is the collectivist ideologies in creating a ‘Heaven on Earth’ or ‘worker’s paradise’ that never comes to fruition.

The selling of socialistic slavery to a new generation tends to follow a certain type of ‘progress’. Promises are made for all kinds of largess ranging from Free Healthcare, Free Housing, Free College, Free food to even Free income. All paid for with other people’s money. Never mind that It’s impossible to fulfill all of these wondrous asseverations. Appearances must be made to at least begin the process, so the ever-present task of wealth redistribution begins at the point of a gun.

This is also why the Socialist-Left obsesses over gun confiscation and the suppression of free speech. It is imperative for the Leftists to disarm the people since they generally object to having their property stolen from them. However, we are getting ahead of ourselves, this is to document how this exploitation of the people has ‘progressed’ in other collectivist enclaves to better understand how this crime against the people is perpetrated.

Why do collectivist regimes always require secret police apparatus and the suppression of Liberty?

This question was detailed in The Bridge at Andau in the chapters on the ‘AVO man’. In which he discusses the secret police organisation of the Hungarian Communists, the AVO (Allamvedelmi Osztaly). He bluntly asked and answered the question:

Why must communism depend on such dregs of society?

No matter on what elevated plane communism begins its program of total dictatorship. it sooner or later runs into such economic and social problems that some strong-arm force is required to keep the civil population under control.

As is the case now as it was then, a nation’s Socialist-Left will promise just about anything to attain power over the people:

When communism is wooing the workers in Csepel, all kinds of exaggerated promises are made if they seem likely to awaken men’s aspirations and their cupidity. These promises are couched in such simple terms and such effective symbols that they become immediate goals of the revolution.

Review briefly what communist agitators had once promised the Hungarians who appear in this book: consumer goods such as they had never known before, increased wages. increased social benefits, shorter hours of work, improved education for everyone, a greater social freedom, and a government directly responsible to the working classes. Under communism such promises were never even remotely capable of attainment.

[Our Emphasis]
If all of that sounds eerily familiar, it’s because that’s part of a very old song and dance that has deceived many a generation into enslaving themselves under socialism. Consider this recent story from the Associated Press:

Democrats lurch left on top policies as 2020 primary begins

NEW YORK (AP) — Democratic presidential contender Julian Castro launched his campaign by pledging support for “Medicare for All,” free universal preschool, a large public investment in renewable energy and two years of free college for all Americans.
….

New Jersey Sen. Cory Booker, who is expected to launch his presidential campaign soon, has sponsored legislation to create a federal jobs guarantee program in several communities across America.

The pilot program… could ultimately transform the U.S. labor market by providing well-paid government employment with benefits for anyone who wants it.

[Our Emphasis]

As Margaret Thatcher so aptly surmised, eventually they will run out of other people’s money. In our case in the states, that is already the situation given the enormous debt and unfunded liabilities reaching into the stratosphere of trillions of dollars. Of course, this hasn’t deterred committed collectivists such as Democratic mayor Bill de Blasio who recently stated that ‘There’s plenty of money in the world… It’s just in the wrong hands!’ Never mind that it is morally wrong to steal the property of others or that once a society turns down the dead-end of socialism there will always be more people wanting more money from those who have it.

Wealth redistribution scams will always wreck the economy. A socialist regime that nationalizes the economy can never function better than one of economic Liberty. Soon enough everything breaks down, the people see through the lies and the government has to start breaking heads. Thus it is imperative that they have previously confiscated the people’s guns and made it illegal to defend themselves.

The Takeaway

Socialistic schemes always run contrary to basic human nature. Rewarding someone for not working will always result in less work. Conversely, punishing someone for working will also result in less work.

This basic logic of human nature seems to be lost on Leftists. But perhaps it is not. They have to know their schemes have never and will never work. And yet they still try to impose them on everyone else. Perhaps they know of the epic fraud they are continually perpetrating on society, but they don’t care. That will be the subject of our next installment.


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Foreign Affairs

As Venezuela implodes, Trump administration recognizes Juan Guaidó as President

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As Venezuela implodes Trump administration recognizes Juan Guaid as President

The destruction of Venezuela by socialism and corruption is practically complete, but hope is on the horizon. A new President has been recognized by the United States, making Nicolas Maduro’s presidency nearly finished.

Juan Guaidó has been serving as the President of the National Assembly of Venezuela since earlier this month and assumed the role of interim President earlier today. The United States joins Brazil, Canada, Chile, Colombia, and Puerto Rico in recognizing his claim as legitimate.

People have filled the streets of Caracas in an amazing display of solidarity against Maduro, who held an “inauguration” on January 11 despite clear indicators the May 2018 elections were rigged. Now, the streets of Caracas are full.

President Trump confirmed the move following multiple news outlets quoting White House officials.

Ironically, Guaidó’s rallying cry happens to be “Sí, se puede!”, Spanish for “Yes we can.”

My Take

This is the only viable move given the circumstances. As I posted on Facebook:

It may not be possible for Guaidó to turn around the failing nation without a lot of outside assistance, but one thing is certain: Maduro had zero chance of making anything better for his starving people.


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