Politics 3rd party candidates

Discussion in 'Blazers OT Forum' started by barfo, Aug 19, 2019.

  1. MARIS61

    MARIS61 Real American

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    Watchdog alerts Trump that border agency violated DNA collection law for years, letting violent criminals walk free

    By Gregg Re, Catherine Herridge, Cyd Upson | Fox News

    Government watchdog claims DNA lapse by CBP allowed violent migrants to elude detection

    The independent Office of Special Counsel says the CBP failed to implement a DNA screening program for illegal migrants, violating the law for a decade and compromising public safety; chief intelligence correspondent Catherine Herridge reports.

    EXCLUSIVE: A top government watchdog on Wednesday alerted President Trump and Congress that Customs and Border Protection (CBP), through a "disturbing" pattern of misconduct, has endangered the public for nearly a decade by failing to comply with a federal law requiring that the agency collect DNA samples from detained migrants.

    In a scathing letter to Trump, exclusively obtained by Fox News, the U.S. Office of Special Counsel (OSC) said CBP's "noncompliance with the law has allowed subjects subsequently accused of violent crimes, including homicide and sexual assault, to elude detection even when detained multiple times by CBP or Immigration and Customs Enforcement (ICE)."

    CBP REBUKED FOR FAILURE TO COLLECT DNA FROM MIGRANT DETAINEES

    The OSC told the White House that it was taking the "strongest possible step" to "rebuke the agency's failure to comply with the law," as well as its "unreasonable" attempts to defend its own conduct.

    Under the law, CBP was required to collect DNA from individuals in its custody, to be run against FBI violent-crimes databases. The procedure is separate from DNA collection designed to establish familial relationships among migrants at the border.

    After this article was published, a Department of Homeland Security (DHS) official told Fox News late Wednesday the agency was working closely with the DOJ on a "path forward" on DNA collection. Currently, the official said, DHS was operating under the determination that an Obama-era waiver of the DNA collection requirements was in effect.

    One "troubling" case noted in the letter involved a suspect in a 2009 Denver homicide who had "several interactions" with law enforcement, including two arrests, but was allowed to go free until investigators finally collected a DNA sample in 2017.

    In another instance, a suspect in "two particularly brutal" sexual assaults that occurred in 1997 eluded detection despite being in federal custody on nine separate occasions -- before finally being connected to the crime in March 2019, after a DNA sample was collected.

    CBP's behavior constituted an "unacceptable dereliction of the agency's law enforcement mandate," Special Counsel Henry J. Kerner wrote. Additionally, Kerner said that CBP's internal review of its own conduct, which cleared the agency of any unlawful activity, was "disingenuous."

    "It is disturbing that this would occur even once, let alone routinely, for approximately a decade," he added. "Many cold cases might have been solved -- and victims of violent crimes granted closure -- by now if CBP had complied with its obligations under the law."


    Office of Special Counsel letter to the White House on CBP by Fox News on Scribd

    The watchdog urged Congress to engage in "robust" oversight, and for authorities to follow the law and collect the DNA samples.

    "CBP’s noncompliance with the law has allowed criminal detainees to walk free. Given the significant public safety and law enforcement implications at issue, I urge CBP to immediately reconsider its position and initiate DNA collection from criminal detainees," Kerner said in a statement.

    Kerner also praised the CBP whistleblowers who flagged the matter by filing a complaint in May 2018.

    The whistleblowers specifically had alleged that the DNA pilot program was put on hold during the Obama administration, and efforts to implement it under the Trump administration were derailed.


    “There is no current pilot program. It's basically dead in the water,” whistleblower Fred Wynn said.

    Speaking exclusively to Fox News, another whistleblower, Mark Jones, suggested federal authorities were concerned about facing legal liability from "angel families," or those who have lost loved ones at the hands of illegal immigrants -- and that, by admitting fault, CBP potentially would expose the agency to lawsuits.

    "That has been in discussion that since we have not been fulfilling the law, and that it's been a ten-year implementation on what was said to be expeditious, that folks have expressed concern that it could be a liability issue," Jones said.

    “We have a great tool that was mandated by and approved by Congress as a law and we're not using it,” Jones added. “We are allowing ourselves to apprehend individuals and process them and by not taking the DNA sample, we're not giving our law enforcement -- both state and federal -- the additional tool to solve these outstanding crimes.”

    The DNA Fingerprint Act of 2005 stated that the "the Attorney General may, as prescribed by the Attorney General in regulation, collect DNA samples from individuals who are arrested or detained under the authority of the United States."

    And 28 CFR § 28.12(b) states that "any agency of the United States that arrests or detains individuals or supervises individuals facing charges shall collect DNA samples from individuals who are arrested, facing charges, or convicted, and from non-United States persons who are detained under the authority of the United States."

    In December 2018, CBP responded to the whistleblowers' complaints in a letter to the OSC, saying that an internal review by CBP's Office of Professional Responsibility found that "there has been no violation of law, rule, or regulation, and no substantial and specific danger to public safety."

    CBP offered two primary defenses for its conduct. First, in 2010, then-Homeland Security Secretary Janet Napolitano got a waiver for the DNA requirements from then-Attorney General Eric Holder, citing “severe organizational, resource and financial challenges.” CBP said that waiver was still in effect, citing operational challenges.

    Acting CBP commissioner Mark Morgan addresses the ongoing crisis at the border, video of smugglers dismantling border fence.

    And, CBP asserted, other law enforcement agencies had picked up the slack and collected the DNA samples.

    "CBP policy requires that detainees be promptly processed and turned over to appropriate law enforcement agencies such as Immigration and Customs Enforcement (ICE) and U.S. Marshals Service (USMS). Both ICE and USMS have policies requiring DNA collection of detainees and arrestees," Robert Perez, the deputy CBP commissioner, wrote to the OSC.

    But, writing to Trump, Kerner said CBP's arguments were legally and factually "unreasonable."


    Kerner pointed out that Napolitano said nearly a decade ago she "intend[ed] to phase‐in implementation [of DNA collection] over the next year," and Holder called for the DNA sampling to resume "expeditiously."

    Kerner told Trump that CBP's claims that it lacked necessary resources were "disingenuous," given increases in its budget over the years and the FBI's state-of-the-art DNA matching technology.

    In an extraordinary rebuke that named then-acting CBP Commissioner John Sanders as well as Perez, Kerner went on to accuse CBP brass of seeking deliberately to "delay and obfuscate" his investigation by taking months to issue a supplemental report that he had requested.

    Contrary to CBP's claims, other agencies were not, in fact, widely collecting DNA, the special counsel said.


    Data from the FBI and whistleblowers, Kerner wrote to Trump, showed that "in 2017, ICE reported 181,246 arrests," yet collected DNA only from 4,977 of those people, or approximately 2.7 percent.

    CBP, meanwhile, took DNA samples from "fewer than 100 out of the approximately 330,000 individuals they arrested or apprehended," Kerner added.

    The whistleblowers also alleged that in 2016 they were assigned to a new DNA pilot program, which they said senior Homeland Security officials deliberately sidelined.

    Mike Taylor, another whistleblower, told Fox News that the bureaucratic and legal wrangling had a very real human cost.

    “U.S. citizens, lawful permanent residents and illegal aliens in this country are, and have been, harmed due to our agency not collecting DNA," Taylor said.

    The whistleblowers, in their fiery formal response to CBP's claims, told OSC it would be "complicit" in "what could amount to an unconstitutional circumvention of the law" if it bought CBP's argument.

    "CBP’s assertions are so audacious that they would be laughable were it not for the fact that the nation’s largest law enforcement agency continues to actively frustrate implementation of a law that, like the Department of Homeland Security itself, was designed to keep Americans safe," they wrote.
     
  2. barfo

    barfo triggered obsessive commie pinko Staff Member Global Moderator

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    Uh oh, it looks like this thread has caught an unsightly case of Marisspam.

    barfo
     
  3. TorturedBlazerFan

    TorturedBlazerFan Well-Known Member

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    Kind of playing DA here,
    So do you think they should teach Sex Ed at all in public schools then? Its not the governments job to do that is it?

    What should the governments role in education be?

    One poster up there said well if you want to have kids you have to educate them yourself basically, but we support teachers and Schools and the like.

    Privatize education, let the parents choose?

    The we’ve always done it that way argument is not your best...
     
  4. TorturedBlazerFan

    TorturedBlazerFan Well-Known Member

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    Im with you to a point, but why does it have to be all one or the other. You seem to be railing on spending money for proactive ways to treat a problem before it happens, and saying we have to spend entirely focus on the reaction.

    Would rather look for suitable ways to prevent rapes, creeps, etc as much as possible than just throw our hands up and say well weve got a good program for after youve been taken advantage of...
     
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  5. Lanny

    Lanny Original Season Ticket Holder "Mr. Big Shot"

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    Even I like Kasich. He's not as good as some Democrats but better than others.
     
  6. Lanny

    Lanny Original Season Ticket Holder "Mr. Big Shot"

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    First of all, what is CBP? That should be explained in your lead sentence.
    Secondly, I'm naturally wondering if the independent Office of Special Counsel is run by a political appointee which would make the whole endeavor of the independent Office of Special Counsel, shall we say, highly suspicious.
     
  7. ABM

    ABM Happily Married In Music City, USA!

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    When I say "government", I'm essentially advocating that our schools do a better job (with limited assistance of active, responsible parents, mentors, etc.) of educating our kids about social issues including the dangers of pre-marital sex (i.e. disease, emotional issues, pregnancy, etc.)

    As far as I know, schools are still handing out condoms (are the parents even being made aware of this?). While it's generally approved of, I don't agree with it and wish it would stop. See above. To me, it's much better to have a fence at the top of the hill as opposed to a hospital at the bottom.

    https://www.debate.org/opinions/should-schools-give-out-free-condoms


    Anyway, I'm glad our President is standing up against late-term abortions, and the like. Shoot, you talk about separating women from their children at the border? Abortion is cruel example of that act. Have you ever asked yourself why so many abortions have been performed? Does it even matter to you? It matters to me.

    By the way, I liked these thoughts...

    http://recyclinghindsight.com/index...-shots-on-education-what-happened-to-the-pta/
     
  8. Lanny

    Lanny Original Season Ticket Holder "Mr. Big Shot"

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    Your way has been tried. The new way at least results in lower teenage pregnancy and a resulting lower abortion rate.
    Sometimes in business you have to reject promising sounding proposals because they just don't pencil out. I know it's hard because it would seem that your way would result in less teenage pregnancy but experience has shown the opposite.
     
  9. ABM

    ABM Happily Married In Music City, USA!

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    Yet another reason I'm a proponent of home, private, and/or charter schools.
     
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  10. ABM

    ABM Happily Married In Music City, USA!

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    I'd definitely vote for him if he became the nominee. I suppose the jury's still out if he were to run as a 3rd party candidate. I'd probably be keeping a close eye on the polls to determine if he had a legitimate chance to win.

    When I took this test in the past, he was heads and tails above the rest. Trump was a distant 2nd:

    https://2016election.procon.org/2016-election-quiz.php

    It'll sure be interesting to see if he decides to run.

    https://www.foxnews.com/politics/tr...-more-2020-speculation-of-a-primary-challenge
     
  11. barfo

    barfo triggered obsessive commie pinko Staff Member Global Moderator

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    I was teasing ABM because he's a conservative advocating for government to have a bigger role. Me personally, yes, I think sex ed is a good thing.

    I was referring to human nature, not a government program. Teens have always wanted to have sex, and I predict they always will.

    There are ways to stop teens from having sex, but everyone who can remember being a teenager knows that counseling them on the 'emotional hazard' is not going to be very effective. Physical restraint 24/7/365 would work.

    But I just don't see any reason to stop teens from having sex. That seems like a weird goal.

    barfo
     
  12. riverman

    riverman Writing Team

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    no....I'm not selling anything here....I am saying teachers are not responsible for your child's sexual drive or moral compass...you are as a parent...I've seen condoms handed out at Planned Parenthood but nobody ever gave them to me or my children in school . I take exception to parents who expect teachers to deal with their children's protection from the world of temptation. That's not the job they're hired to do.. I do hold parents responsible for the upbringing of their child....
     
    Last edited: Aug 22, 2019
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  13. barfo

    barfo triggered obsessive commie pinko Staff Member Global Moderator

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    To update the OP:

    Bloomberg: I forgot about him, he's always a possibility as an independent
    Lincoln Chafee: Says he wants to be the Libertarian nominee. Somebody has to be, I guess, so it might as well be him.

    barfo
     
  14. TorturedBlazerFan

    TorturedBlazerFan Well-Known Member

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    Yes how I parent is especially important, but society will always play a large role in the upbringing, “moral” compass of a child. Unless you 100% isolate them from the word theres no way around that.

    I expect teachers to uphold their end of the bargain as they’re PART of society, and they get hours with children to put things in their minds.
     
  15. riverman

    riverman Writing Team

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    As a teacher I've made no bargain with parenting your children....as a neutral 3rd party it's different....you think ABM wants me telling his teen daughter in English class that contraception will protect her from the prom king? That doesn't get to happen in modern society. Law suit waiting to happen
     
  16. riverman

    riverman Writing Team

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    There are health classes and social science classes...sex education is taught in public school. A teacher doesn't put things in a students mind...they lead them to the information and show them how to put things in their own mind....we don't hypnotize kids..education is geared towards showing children how to learn....and how to make choices based on the knowledge available..what a kid does with that knowledge is up to them. I'm not religious but if I were, I'd find spiritual guidance from my church or temple of choice and hope that the counseling was effective. My years of parenting...my wife and I did the counseling and guiding when it came to the causes and effects of unprotected sex. Would you teach your children that sex is pleasurable or relieves stress? I doubt you want a teacher telling your kids this although both are true. Would you rather a priest told you this instead of a teacher or parent?
     
    Last edited: Aug 22, 2019
  17. riverman

    riverman Writing Team

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  18. ABM

    ABM Happily Married In Music City, USA!

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    True enough, and that's generally my point. While, in the end, the kids are gonna do what they want to do, I believe the educational system can still make strong statements. Shoot, I remember seeing crash folms in school showing what happens when folks don't wear seatbelts.
     
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  19. riverman

    riverman Writing Team

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    I saw those as well as the pictures they show of advanced stages of VD.....I'm glad I chose contraception when I was traveling the world in the Navy....I take credit for that choice...
     
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  20. ABM

    ABM Happily Married In Music City, USA!

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    Well, there ya go, then.
     

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