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,

unpleasant.

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.

Humane Borders, [email
them
] a

social-welfare organization
in Tucson, Arizona,
decided to blame the Department of the Interior and The
Department of Fish and Wildlife.

This is

America
, so Humane Borders encouraged the illegals`
families to

sue
, enlisting the help of Yuma attorney A. James
Clark. [email
them
]

The lawsuit argued:

Interior
employees were well aware that many illegal aliens were
dying from lack of water while attempting to cross the
refuge
.”

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.

Surprisingly,

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
lovers!

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

the
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
deaths”. [
Lawsuit
in deaths of aliens lingers
By Jerry Seper, May
17 2004]

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,
apprehended them.

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,
2004

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
states:
 
“A person in lawful possession of land or tangible, movable property is justified in
using force
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
contend:

“They
[Ranch Rescue]
were targeting illegal aliens, people that are coming
across unarmed, [Er,

no
.] posing no

threat
, 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
"undocumented" incursions.

]

But in fact an inherent threat to
property, not to mention

life
, existed the moment these six criminals invaded
Sutton Ranch.

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
.

"The
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.
Jackson famously

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:

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
immigrants and

day laborers
."

  • 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”.

Antonio and

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

were deported.

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
like us
.

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
increasingly anti-patriotic.


Bryanna Bevens [email
her] is a political consultant and former chief of staff
for a member of the California State Assembly.