An open letter to Multnomah County Sheriff Mike Reese

Multnomah County (OR) Sheriff Mike Reese.

First, for those unfamiliar with the situation and why I’m writing this post in terms of an open letter to a fellow Sheepdog, I provide the following background from a number of news sources.

First, from KGW.com, the local NBC affiliate in Portland, Oregon.

ICE not alerted when sex assault suspect released from jail in 2016, official says

PORTLAND, Ore. — A man accused of breaking into a 65-year-old woman’s home, sexually assaulting her and stealing her car was arrested after allegedly assaulting another woman and running from police.

Sergio Jose Martinez, 31, was caught July 24 after officers chased him through a neighborhood.

Of course this is not the most egregious part of the story. Read on.

According to court documents filed in March 2017, Martinez has a history of illegal entry into the United States. He has been a transient in the Portland area for more than a year and has been deported 20 times.

That is not a typo. Martinez has been deported twenty times.

Martinez has at least five probation violations for re-entering the United States. His most recent removal was in November 2016, according to the March court documents.

Immigration and Customs Enforcement (ICE) lodged an immigration detainer against Martinez, asking authorities to notify them before releasing Martinez to allow ICE to take him into custody. The Department of Homeland Security said a detainer was requested for Martinez in December 2016, but he was released into the community and authorities did not notify ICE.

Released by whom? The Multnomah Sheriff’s Office, whose sheriff is in charge of the jails in that county, one of 36 in Oregon. Portland is within Multnomah County and is in fact not only the largest city in Oregon but the county seat as well. The next paragraph is vastly disappointing.

Earlier this year, Multnomah County leaders and Sheriff Mike Reese wrote a letter to the community saying, “The Sheriff’s Office does not hold people in county jails on ICE detainers or conduct any immigration enforcement actions.”

This story went global too, as illustrated by the UK’s DailyMail.com.

Illegal Mexican immigrant, 31, who was deported TWENTY times ‘rapes woman, 65, at knife-point’ just months after Portland released him from jail under ‘sanctuary’ policy

by Keith Griffith

  • Sergio Jose Martinez, 31, charged in assault on two women in Portland Monday
  • Martinez has lengthy history of arrests, illegal entry and deportations to Mexico
  • Admitted meth and heroin user told jail staff that he drinks up to 10 beers a day
  • Portland jail officials released him in December in defiance of federal request
  • State of Oregon has forbidden local law enforcement to cooperate with ICE 
  • Now Martinez is accused in sickening sex assault on a 65-year-old stranger

An illegal immigrant with a long history of deportations to Mexico, and who was released by local jail officials in defiance of a federal immigration hold, is now accused of raping one woman and assaulting another in a sickening crime spree.

Sergio Jose Martinez, 31, is charged with 13 counts – including burglary, kidnapping, sodomy and sex abuse – in the knife-point attacks on two women in Portland on Monday.

But wait, there’s more.

Six months ago, on December 7, jail officials in Portland had Martinez in custody when they received a request from the Immigration and Customs Enforcement agency, asking the jail to notify ICE before his release.

What happened?

Yet the local officials released him the next day in defiance of the federal immigration detainer, an agency spokeswoman told the Oregonian

Oregon has a state law forbidding local law enforcement from using any resources to enforce federal immigration law.

Stop. Correct. Oregon has a law from 1987 entitled the Revised Statutes 181A.820.

The criminal spree on Monday began around 7pm, when a suspect broke through an open window into a 65-year-old woman’s home, on NE Halsey street in the Sullivan’s Gulch neighborhood.

The suspect, who police say was Martinez, used scarves and socks from her closet to bind and gag the woman before sexually assaulting her, according to court documents reported by Fox12

Martinez slammed the elderly woman’s head into the wooden floor, punched her, and stole her phone, credit cars, and car, speeding away in it, according to police.

The woman was able to get to a neighbor’s home and call 911.

The crime spree continued unabated. There was yet another female lawful Oregonian victim to come.

Just hours later, police say Martinez had made his way to a parking garage, where he crouched in a dark corner until he spotted a woman.

He approached the woman saying he wanted to ‘talk’, but then produced a knife and forced the woman to walk towards her car, according to police.

Her plight, luckily, was not quite so dire as the first victim of Martinez, the 20-time and ignored potential deportee.

He is now charged with two counts of unauthorized use of a motor vehicle, two counts of second-degree assault, one count of kidnapping, two counts of burglary, two counts of robbery, three counts of first-degree sexual abuse, and one count of first-degree sodomy.

Bail has been set at $2.36million in the case.

Please also see the Breitbart.com article here.

And now comes my letter.

Dear Sheriff Reese:

I, like many others, find the recent events involving the processing of Sergio Jose Martinez through your jail both confounding and shocking, simultaneously.

I’d have thought, would have hoped, that you’d been better than that. Instead, I find you in lockstep with some seriously twisted elements in our society. Elements political in nature and, truthfully, the most political in nature.

Those elements who simply wish to do away with the terms “illegal” and “alien” and for that matter, “citizen.” Because what is a citizen if not “lawful” in the eyes of the state itself? Are there true citizens? Or are there merely “occupants”?

You’re a “new” Sheriff and not an entrenched official. That provides you some leeway.

You seem to, however, have aligned yourself with the wrong elements when you created a recent investigation, from KOIN.com:

Sheriff Reese investigates deputies helping ICE

by Jennifer Dowling

PORTLAND, Ore. (KOIN) — Multnomah County Sheriff Mike Reese said Thursday his office is still investigating a number of emails showing that his deputies were involved in assisting Immigration and Customs Enforcement agents in their efforts to deport illegal immigrants.

In a normal world, this would be a normal act. That is to say, an act committed by those wishing to see that justice is served. These days, an abnormal act.

This is you, sir, drawing a line. A line that didn’t reflect your entire good will but instead reflected your political interests and those of the persons to whom you answer or to those to whom you believe you answer.

Separate and disparate.

You have an incredible opportunity here. You have the opportunity to set a precedent not unlike that of another sheriff, in Texas, via Sally Hernandez in Travis County.

She showed remarkable heroism. I must admit.

For the wrong side. You can weigh in afresh and strong.

I challenge you sir to, at minimum, pen a letter to the victims — plural, both women — of the illegal alien your department released directly back into the community, apologizing for your actions and ensuring them your lockstep obedience of injurious and corrosive Oregon laws will end and cooperation will occur between your department and ICE in terms of timely notification for relevant holds and detainers.

I challenge you, sir, to further step up to the public podium and take the necessary political stand against so-called sanctuary cities and states because you are full well cognizant of the deleterious and life-altering consequences of allowing serial illegal alien criminals to continue abusing Oregon laws originally designed to protect the lawful citizens of your state.

Repudiate your most terrible of laws. Take a stand. Sally Hernandez did. You can do no less. Take a stand. Or simply stand by and watch your citizens be scourged by more aliens completely uninvested in your area.

Signed,

BZ

This, Sheriff Reese, has been my open letter to you.

One final question to you, Sheriff Reese.

What are you?

Are you a Sheep?

Or are you well and truly a Sheepdog?

The only one who can make that decision is you.

BZ

P.S.

For those unfamiliar with the relationship between sheep, wolves and Sheepdogs please see my post here about Lt Col Dave Grossman’s article entitled “On Sheep, Wolves and Sheepdogs.”

 

Texas Governor Abbott signs sanctuary city law

It’s a sad state of affairs when, as Governor Abbott says, you have to sign a law in order to get law enforcement to obey the law.

From the TexasTribune.com:

Texas Gov. Greg Abbott signs “sanctuary cities” bill into law

by Patrick Svitek

Gov. Greg Abbott signed a ban on “sanctuary cities” on Sunday, putting the final touch on legislation that would also allow police to inquire about the immigration status of people they lawfully detain.

Senate Bill 4 makes sheriffs, constables, police chiefs and other local leaders subject to Class A misdemeanor charges if they don’t cooperate with federal authorities and honor requests from immigration agents to hold noncitizen inmates who are subject to deportation. It also provides civil penalties for entities in violation of the provision that begin at $1,000 for a first offense and climb to as high as $25,500 for each subsequent infraction. The bill also applies to public colleges.

The final version of the bill included a controversial House amendment that allows police officers to question a person’s immigration status during a detainment — perhaps including traffic stops — as opposed to being limited to a lawful arrest. It has drawn fierce opposition from Democrats and immigrants rights groups, who are already gearing up for a legal battle against the law.

Tarrant County Sheriff Bill Waybourn weighs in on the Texas bill.

Abbott defended the legality of the law Sunday, saying key parts of it have “already been tested at the United States Supreme Court and approved there.”

That could soon come to a test. Sunday night’s signing prompted a fast and negative reaction from the Mexican American Legal Defense and Education Fund, or MALDEF, which referred to the new Texas law as “a colossal blunder” and promised to fight it, “in court and out.” 

As with most every rule and regulation, there was a distinct reason for its creation.

He had said it was especially needed after Travis County Sheriff Sally Hernandez announced earlier this year that her department would reduce its cooperation with federal immigration authorities.

Governor Abbott, by the way, makes an excellent and purposely-forgotten and avoided point that almost half of the people crossing our southern border these days are not Mexican. They stem from a much wider variety of countries.

Meaning: the law isn’t racist — though Mexican groups would insist you think that — it is instead protecting lawful Americans within the United States, legal Mexicans included, from those who would act as criminals, do them harm, by simply barnstorming the nation in great numbers.

Texas Governor Greg Abbott takes a step in the proper direction.

BZ

 

Texas: we’ll do what the federal government won’t

What’s that?

Obey the law.

From Breitbart.com:

Texas House Passes Bill to Jail ‘Sanctuary’ Sheriffs, Police Chiefs

by Bob Price

The Texas House passed a tough anti-sanctuary bill containing provisions making it a crime for sheriffs and chiefs of police to refuse to cooperate with immigration officials. They could also be removed from office for providing “sanctuary” for the criminal illegal aliens in their jails.

How did this come to be such an issue? Predominantly when Travis County Sheriff Sally Hernandez (D) proclaimed her jurisdiction lawless insofar as her nestling arms became a sanctuary for illegal aliens, mostly from Mexico. Straw, meet camel’s back. Shake hands and come out legislating. So Texas did.

Senate Bill 4 finally passed the Texas House Thursday afternoon by a vote of 94-53 along party lines.

Following the bill’s final passage in the House, the Texas House Republican Caucus sent out a statement saying the bill ensure federal immigration laws that are on the books will be followed and enforced in Texas. The caucus stated the bill prevents local entities from creating policies that threaten public safety.

“The purpose of this legislation is to protect Texans from criminals who are here illegally. We are trying to make sure those bad actors are detained until we can determine their status, ” said House Administration Committee Chairman Charlie Geren (R-Fort Worth). “This bill will not affect law abiding citizens, only those that are in trouble with the police.”

Of particular gall to Leftists and lawbreakers is this aspect of SB4, which provides penalties for those in law enforcement who fail to comply.

SECTION 5.02.  Chapter 39, Penal Code, is amended by adding
  Section 39.07 to read as follows:
         Sec. 39.07.  FAILURE TO COMPLY WITH IMMIGRATION DETAINER
  REQUEST. (a) A person who is a sheriff, chief of police, or
  constable or a person who otherwise has primary authority for
  administering a jail commits an offense if the person:
               (1)  has custody of a person subject to an immigration
  detainer request issued by United States Immigration and Customs
  Enforcement; and
               (2)  knowingly fails to comply with the detainer
  request.
         (b)  An offense under this section is a Class A misdemeanor.
         (c)  It is an exception to the application of this section
  that the person who was subject to an immigration detainer request
  described by Subsection (a)(1) had previously provided proof that
  the person was a citizen of the United States.

Caucus Chairman Tan Parker (R-Flower Mound), said, “House Republicans have proven time and time again that we are committed to protecting the rule of law and keeping our communities safe. We will continue to work tirelessly to pass legislation that ensures the safety of Texans, such as Senate Bill 4.”

The crime imposed would be a Class A misdemeanor for not complying with U.S. Immigration and Customs Enforcement (ICE) detainers.

The measure was passed by the Texas Senate in early February.

Texas Governor Greg Abbott has steadfastly said that he would sign the bill and has pushed for its passage. It would go into effect on September 1.

So what was happening in Travis County at the behest of and with the support of Sheriff Sally Hernandez? From the TexasTribune.com:

Report: Travis County released dozens of undocumented inmates wanted by feds

by Julian Aguilar

Travis County officials declined dozens of requests from federal immigration agents to hold inmates in the days leading up to the county’s recent showdown with Gov. Greg Abbott over its new “sanctuary” policy.

And people say law enforcement isn’t politicized? Locally? Federally? Alphabet agencies?

The White House’s first-ever report on local governments that don’t cooperate with federal immigration agents shows Travis County officials declined dozens of requests to hold inmates in the days leading up to the county’s recent showdown with Gov. Greg Abbott.

Between Jan. 28 and Feb. 3, Travis County sheriff deputies declined more than 140 requests – known as detainers – from Immigration and Customs Enforcement officers to hand over undocumented immigrants for possible deportation, according to the report from the U.S. Department of Homeland Security.

Travis County was far and away the Texas leader in declining ICE detainers, according to the report, which mentioned only two other Texas counties. Williamson County declined four recent detainers and Bastrop County declined three.

Last month, Abbott pulled state grant funding for Travis County programs after Sheriff Sally Hernandez, a Democrat, said after her 2016 election victory that she would only honor detainer requests from Immigration and Customs Enforcement agents on a limited basis.

This is Sheriff Sally “Sanctuary Sally” Hernandez. She thinks the law is flexible and only a mere suggestion or hint.

Isn’t it odd that all the law enforcement officials who take the greatest umbrage to the enforcement of laws on the books and cooperation with federal law enforcement all have Mexican last names? I don’t see, for example, very many officials with the last name of “Martin” or “Washington” or “Vang” or “St George” or “Jackson” or “Nguyen.” I wonder why that might be?

Sheriff Sally Hernandez. Sheriff Ed Gonzalez. Sheriff Lupe Valdez. Chief Art Acevedo. Anyone besides me start to sense something of a theme here?

Yet: a recent poll reveals that Texans overwhelmingly support (by 93 percent), a police officer being able to check a person’s immigration status when they are arrested for a crime.

What is it with law enforcement in Leftist cities and some courts who seem to think the law does not apply to them, and that they may either selectively choose to flaunt it entirely or interpret it in a fashion that is not in keeping with precedent or the letter of the law itself?

What happens to a nation when those tasked with upholding the law are now those who break the very statutes they are sworn to obey?

What, then, becomes the true purpose of law enforcement or the judiciary?

To pick and choose? To tick off boxes on a sheet as if you were ordering a sandwich? “I’ll have ham but no pickles”?

“I’ll enforce rape laws but I won’t enforce drug laws or those having to do with illegal aliens”?

Gonzalez reportedly told those gathered at the rally that Senate Bill 4 will make local communities more dangerous and is bad public policy.

Bad for illegal Mexicans. Bad for illegal aliens. Bad for breakers of our laws.

When the enforcers of our laws decide which laws they will selectively enforce, how long will it be before the populace decides which laws it will obey?

Oh, right. That’s happening already, albeit on a smaller scale. I’m suggesting a national scale. A scale far, far beyond that of any law enforcement response. You are pushing, Leftists, for a Second Civil War.

What happens when citizens individually — like the government — arbitrarily decide what laws they will or will not obey? Then en masse?

I am watching American law enforcement disintegrate right before my very eyes. These so-called “law enforcement officers” dishonor their oaths and dishonor myself and those who put in years of service to our communities. They dishonor those who fought and died behind those laws and for those laws, from the soldier to the beat cop.

If you don’t care for laws, stay out of law enforcement.

But that would be too judgmental now, wouldn’t it?

BZ

 

Hawaiian federal judge puts Trump’s travel ban on hold

With loving and enthused huzzahs from everyone on the Leftist bank.

From SacBee.com:

The Latest: Judge in Hawaii puts Trump’s travel ban on hold

by the Associated Press

U.S. District Judge Derrick Watson issued his ruling Wednesday after hearing arguments on Hawaii’s request for a temporary restraining order involving the ban.

His ruling prevents the executive order from going into effect Thursday.

More than half a dozen states are trying to stop the ban, and federal courts in Maryland, Washington state and Hawaii heard arguments Wednesday about whether it should be put into practice.

Hawaii argued that the ban discriminates on the basis of nationality and would prevent Hawaii residents from receiving visits from relatives in the six mostly Muslim countries covered by the ban.

The state also says the ban would harm its tourism industry and the ability to recruit foreign students and workers.

Roughly the same argument as before. Judges don’t seem to understand the law, as federal Judge Derrick Watson may be educated but fails to grasp the immediacy and plain text of 8 USC 1182, as well as Fiallo v. Bell, 430 U.S. 787. He also takes not into consideration the actions of Mr Obama in 2011 and 2015, as well as the immigration drought between roughly 1921/1924 to 1965.

8 USC 1182 states:

(f) Suspension of entry or imposition of restrictions by President

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.

4:45 p.m.

A Justice Department attorney is arguing that there’s no need for a judge in Hawaii to issue an emergency restraining order against the revised travel ban issued by President Donald Trump.

Jeffrey Wall of the Office of the Solicitor General said during a hearing Wednesday that plaintiffs have said little about harm from the ban that was not speculative.

He said Hawaii is making generalized allegations.

Wall said if the judge is inclined to issue an injunction, it shouldn’t be nationwide and should be tailored to the claims raised by Hawaii.

There, of course, will be more.

BZ

 

Wisconsin judge interferes with 2nd Trump travel stay

But not nearly to the extent that did Judge Robart in Washington state, and with a fraction of the prior focus on President Trump’s second travel stay, Executive Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the United States).

From Politico.com:

Revised Trump travel ban suffers first legal blow

by Josh Gerstein

Federal judge in Wisconsin blocks impact on Syrian family as other courts mull broader relief.

President Donald Trump’s revised travel ban executive order suffered its first legal setback Friday as a federal judge blocked the directive’s potential impact on the family of a Syrian refugee living in Wisconsin.

Madison-based U.S. District Court Judge William Conley issued a temporary retraining order at the request of the Syrian man, who is referred to as “John Doe” in court filings. The judge, an appointee of former President Barack Obama, said Trump’s new executive order cannot be used to delay the man’s effort to bring his wife and 3-year-old daughter from the wartorn country to the U.S., but is limited to the individuals involved in the case.

As you can see the effect is limited in scope and quite pointedly focuses on one Syrian man’s family.

Do not doubt, however, that every Leftist and sympathetic federal judge aren’t in deep talks at this very moment in an attempt to craft the perfect eliminatory argument.

The major differences between the first and second Trump EO:

  • Iraq is no longer included as a banned country as it will provide extra vetting;
  • Iran, Syria, Sudan, Yemen, Libya and Somalia are still included in the travel stay;
  • Green Card holders may enter even if from the above listed countries;

Other differences include:

President Trump signed a new travel ban Monday that administration officials said they hope will end legal challenges over the matter by imposing a 90-day ban on the issuance of new visas for citizens of six majority-Muslim nations.

In addition, the nation’s refu­gee program will be suspended for 120 days, and the United States will not accept more than 50,000 refugees in a year, down from the 110,000 cap set by the Obama administration.

One the most significant unmentioned differences? The absence of national protests. Do we see a tiny crack in the Leftist/anarchist armor?

Judge Napolitano weighs in on President Trump’s second Executive Order:

Surely there will be more to come.

BZ