The Rise Of The Treason Tort
Although a native Californian, I
have never been to Death Valley because the name
suggests it might be, well,
The Devil`s Path of the
Cabeza Prieta Wildlife Refuge in Arizona is another
landmark whose name might deter tourism.
The name does not, however, deter
Mexican illegal aliens from choosing it as their
favorite path into America.
The Devil`s Path is appealing to
Mexican criminals because it is beautifully
devoid of border patrol agents. A sparkling amenity
bright enough to conceal a
potentially lethal pitfall: It`s a desert—which by
definition is a dry, barren, sandy region.
In May 2001, 26
Mexican nationals attempted to walk the seventy-mile
desert terrain amid 115-degree temperatures. They
followed the advice of their $1400 Mexican guide ($1400
per person) and packed a water supply. But the
supply ran out after the second day of a five-day trek.
Eleven people died.
The lawsuit argued:
employees were well aware that many illegal aliens were
dying from lack of water while attempting to cross the
Humane Borders, led by
Reverend Robin Hoover, argued it had petitioned the
government, two months before the “accident,” for
a permit to place several water stations on the refuge.
environmental protection and species preservation
was cited as the reason for denying the permits.
I never thought I would say
this—but thank God for the tree huggers and the bunny
This unprecedented $42 million
lawsuit was no doubt regarded by most Americans as
frivolity. However, earlier this month, a federal court
in Tucson requested further information from the
plaintiffs—family members of the deceased—a decision
that indicates the judiciary, at least in Tucson, is
taking this civil action very seriously.
In an interview with the
Washington Times, lawyer A. James Clark said that
court has ordered further discovery to determine whether
the department`s denial of permits for the water
stations had been subject to a compatibility study and
if a failure to order such a study resulted in the
in deaths of aliens lingers By Jerry Seper, May
Hmmm. While these Mexican illegals
lay dying in the blistering heat of the Devil`s Path,
having run out of water during their attempt to
illegally cross our border, I wonder if they exclaimed
“That damn compatibility study!”
An equally disturbing lawsuit is
Leiva et al. vs. Ranch Rescue et al.
One Salvadoran and five Mexican
nationals attempting to cross the border invaded Sutton
Ranch in southern Texas. (See Juan Mann`s article,
Rescue Ranch Rescue, April 3, 2003). Ranch
Rescue, a local group founded by Americans dedicated to
protecting private property rights from alien invasion,
Almost immediately, and not
surprisingly, came the accusations of abuse. Two Rescue
Ranch volunteers were arrested and charged with assault.
Partners in crime,
MALDEF and the
Southern Poverty Law Center, helped file a civil
lawsuit on behalf of the “victims.”
According to the plaintiff`s
attorney, Ricardo De Anda [send
him mail] of the De Anda Law Firm in Laredo, Texas,
the victims were “violently
assaulted, falsely imprisoned and threatened with death
in a March incident on the Sutton ranch”.
Migrants, attacked on Texas ranch, sue vigilantes for
violent assault, SPLC Press Release, May 29,
De Anda claims, “Illegal
immigrants—even if trespassing—have the right to be
treated fairly and humanely”.
Oh yeah? What about the rights of the landowner? Chapter nine, subsection D of the Texas Penal Code 9.41(a.) clearly
“A person in lawful possession of land or tangible, movable property is justified in
against another when and to the degree the actor reasonably believes the force is
immediately necessary to prevent or terminate the other`s trespass on the land or
unlawful interference with the property.”
Texas law does not use the words
“fair and humane” when addressing the rights of
citizens to protect themselves from unlawful trespass.
More to the point, here is nothing “fair and humane”
in the behavior of the trespassers.
In the civil suit, SPLC and MALDEF
were targeting illegal aliens, people that are coming
across unarmed, [Er,
no.] posing no
danger to anyone, and yet the way they are armed
looks like they are expecting the
Mexican army.” [VDARE.com
note: They are in fact expecting the
Mexican Army; there have been more than
120 documented instances of Mexican military
incursions on US soil, and who knows how many
But in fact an inherent threat to
property, not to mention
life, existed the moment these six criminals invaded
The Leiva lawsuit is seeking
damages, of course. But far more sinister is MALDEF and
the SPLC`s determination to send a threatening message
to all those who
defy their tenets.
actions of Ranch Rescue and its volunteers are very
similar to other hate groups that we have
sued in the past," said
Morris Dees, Center chief trial counsel. "We see
this as an important case to stop this violent
paramilitary activity along our borders with Mexico. If
these groups and the ranchers who conspire with them
have to pay through their pockets, they will think twice
before attacking innocent and peaceful migrants."
Texas vigilante group faces charges and lawsuit,
SPLC Intelligence Report,
The Devil`s Path and Sutton Ranch
are just two high-profile examples of a rapidly-growing
problem: the treason tort—abolishing America by means of
its own legal system.
Supreme Court Justice Robert H.
said that the U.S, Constitution is not “a suicide
pact.” But for the American nation-state, that`s
what the law of
tort—civil wrongs resulting in damages recoverable
by private legal action—is in danger of becoming.
Two more current examples:
- September 17, 2001 Frederick K. Brewington, a
well-known Hempstead, New York
civil rights attorney filed this
Israel Perez Arvizu
and Magdaleno Estrada Escamilla on behalf of themselves
and all other Mexican/Chicano Day Laborers and/or Latino
Day Laborers similarly situated versus:…
The list of defendants is lengthy, but it includes
Sachem Quality of Life Organization, a local group
opposing illegal immigration that is based in the
town where Mr. Perez and Mr. Estrada lived. In the
lawsuit, the plaintiffs
contend that groups such as SQL gave the attackers
of Perez/Escamilla "…Material and ideological"
support, promoting "hatred and intolerance against
- April 7, 2004. Lawyer Teresa Trucchi, filed suit
against National City on behalf of illegal alien
Antonio Flores Noyola, “seeking $1.5 million
for emotional distress and attorney`s fees
[my italics!] stemming from the Nov. 14 incident
at the Plaza Bonita shopping mall”.
three of his relatives had been detained by
JCPenney security for suspicion of shoplifting.
During a routine interrogation,
local police discovered that Noyola was an illegal
alien. His cousin and his aunt
It has been argued that one of the
problems with immigration is that immigrants, after
moving to America,
don`t assimilate. They don`t become
But they—or their advisors—are all
too like us in their penchant for manipulating a tort
system that is not just increasingly perverse, but
Bryanna Bevens [email
her] is a political consultant and former chief of staff
for a member of the California State Assembly.