Criminalizing the Whole Nation
Saturday, October 10, 2009
By Michael Cutler
NewsWithViews.com
A news
article was published in the Washington Times on Monday, October 5, 2009
and should be of tremendous concern to all Americans. The title "Criminalizing
Everyone" sums it up concisely.
You
may wonder if this article has a nexus with the subject I write about
nearly exclusively; immigration. In point of fact there is a nexus but
we will get to that momentarily. First I would like to capsulize the facts
illuminated by this article.
According
to the report by its author, Brian W. Walsh, American citizens are being
prosecuted in apparently increasing numbers, for what would appear to
be minor infractions of law that have no real impact on our nation or
our citizens.
The
first example provided in the article detailed how an elderly couple who
had lived for a long time in their home in Spring, Texas found themselves
on the wrong side of the law when federal agents executed a search warrant
at their home. The couple, Kathy and George Norris were apparently shocked
when the agents entered their home to execute the search warrant concerning
violations of laws that these agents were responsible for enforcing. The
agents in this case, were from the Fish and Wildlife Service.
Mr.
Norris who was at the time of this event, 66 years old, was the subject
of an investigation into his cultivation, importation and selling of orchids.
According to the news article, his crime involved the companies from which
he ordered his orchids not properly completing paperwork in conjunction
with the importation of the orchids which he was apparently, legally entitled
to import!
He was sentenced to serve two nearly two years in prison and was given
a period of supervision after his release from a federal jail. Consider
this quote from the article: "The Norrises' nightmare began with
the search in October 2003. It didn't end until Mr. Norris was released
from federal supervision in December 2008. His wife testified, however,
that even after he came home, the man she had married was still gone.
He was by then 71 years old. Unsurprisingly, serving two years as a federal
convict - in addition to the years it took to defend unsuccessfully against
the charges - had taken a severe toll on him mentally, emotionally and
physically."
Next
I would like you to consider another example brought to light in the news
report below: "Krister Evertson, another victim of overcriminalization,
told Congress, "What I have experienced in these past years is something
that should scare you and all Americans." He's right. Evertson, a
small-time entrepreneur and inventor, faced two separate federal prosecutions
stemming from his work trying to develop clean-energy fuel cells.
"The
feds prosecuted Mr. Evertson the first time for failing to put a federally
mandated sticker on an otherwise lawful UPS package in which he shipped
some of his supplies. A jury acquitted him, so the feds brought new charges.
This time they claimed he technically had "abandoned" his fuel-cell
materials - something he had no intention of doing - while defending himself
against the first charges. Mr. Evertson, too, spent almost two years in
federal prison."
I want
you to remember that I was a federal agent for roughly 3 decades. While
I may not have agreed with every single component of the laws I enforced
at the former INS, my sense was that what we did served an important purpose-
the INS sought to remove illegal aliens whose presence in our country
had a negative impact on our nation and our citizens.
What
is amazing to me is that even as ever more stringent laws are being enacted
that encroach on our expectations of privacy and liberty all too many
of our nation's leaders are unwilling to enforce the immigration laws
that are intended to protect our nation and our citizens.
Mr.
Norris is an elderly American citizen whose actions were not, of themselves,
illegal. His home-based business apparently harmed no one. Furthermore
he is not only elderly but of failing health- according to the article
he suffers from diabetes and Parkinson's Disease. What was accomplished
by punishing this man and consequently his wife?
With
all of the ranting about how the arrest of illegal aliens divide families-
an utterly fatuous argument- I wonder if Ms Pelosi who has publicly declared
the arrest of illegal aliens to be "Un-American" I wonder when
she will weigh in on this case. I also wonder if she will weigh in on
the second case noted in the article where an Krister Evertson, an inventor
ran afoul of the law when, according to the news article, his crime was
to fail to place a sticker on a UPS package!
I recall
a comedian doing a funny routine about how he demonstrated his courage
by removing all of those "Do Not Remove" tags that come attached
to bedding and furniture! Those tags were not supposed to be removed by
the merchants who sold those items but, given this article, perhaps the
day will soon arrive when "tag inspectors" will barge into people's
homes to check for those tags and cart anyone who removed them, off to
jail!
So much
for "Life, Liberty and the Pursuit of Happiness!
Criminal
justice must, first and foremost, be just! That means that the punishment
must fit the crime!
When
millions of illegal aliens enter our country in violation of law and in
so doing impact everything from national security and criminal justice
to the economy, the environment, health care and education and no less
than an authority than the President of the United States, the Speaker
of the House of Representatives and the Chairman of the Senate Subcommittee
on Immigration (Chuck Schumer) can once again attempt to ram "Comprehensive
Immigration Reform" down our throats because such lunacy is commensurate
with their political agendas, then the time has come for the citizens
of this nation to make their voices heard!
As many
of you know, I lost my parents to cancer when I was a college student,
but their advice and words of wisdom resonate in my mind (and in my heart)
daily!
I recall
my dad telling me that I would teach the people I encountered how they
should treat me by making it clear to all what I was willing to accept!
This is advice I would recommend to all of you!
If you
find yourself to be in agreement with this commentary, I ask that you
forward to as many of your friends and family members as possible and
encourage them to do the same.
In less
than two years each and every member of the House of Representatives is
up for reelection. In less than two years more than one third of the members
of the United States Senate will have to face their constituents. They
need to be reminded that they work for us, We the People!
However,
the practice of good citizenship does not end in the voting booth, it
only begins there. The large scale apathy demonstrated by citizens of
this nation has emboldened elected representatives to all but ignore the
needs of the average American citizen in a quest for massive campaign
funds and the promises of votes to be ostensibly delivered by special
interest groups. There is much that we cannot do but there is one thing
that We the People absolutely must do- we must stop sitting on the sidelines!
The
collective failure of We the People to get involved in make our concerns
known to our politicians have nearly made the concerns of the great majority
of the citizens of this nation all but irrelevant to the politicians.
I implore
you to get involved!
If this
situation concerns you or especially if it angers you, I ask you to call
your Senators and Congressional "Representative. This is not only
your right- it is your obligation! You need to politely but pointedly,
demand to know what they are doing to protect our nation. You need to
ask them how they are protecting you and your families. You can also forward
this commentary to them.
Michael W. Cutler graduated from Brooklyn College of the City University of New York in
1971 with a B.A. in Communications Arts and Sciences. Mr. Cutler began
working for the Immigration and Naturalization Service (INS) in October
1971 when he entered on duty as an Immigration Inspector assigned to John
F. Kennedy International Airport. In August 1975 he became a Criminal
Investigator (Special Agent) for the INS at NYC.
He rotated through virtually every squad in the Investigations Branch. From 1988 until 1991
he was assigned as the INS representative to the Unified Intelligence
Division (UID) of the DEA in New York. In 1991 he was promoted to the
position of Senior Special Agent and was assigned to the Organized Crime,
Drug Enforcement Task Force (OCDETF) which required that he work with
members of other law enforcement agencies including the FBI, DEA, ATF,
U.S. Customs and local and state police as well as law enforcement organizations
of other countries including Israel, Canada, Great Britain and Japan,
to conduct investigations of aliens involved in major drug trafficking
organizations. He retired from the INS in February 2002, after a career
that spanned some 30 years.
Finally, Michael Cutler has appeared on numerous television and radio programs including
Lou Dobbs, Fox News, MSNBC and many other television and radio news-oriented
programs to discuss the enforcement of immigration laws.
E-Mail: mcutler007@aol.com
NOTE: In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed prior interest in receiving this information for non-profit research and educational purposes only. For further information please refer to:
http://www.law.cornell.edu/uscode/17/107.shtml
