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Category Archives: Immigration
Friday, September 23, 2016
Sunday, September 4, 2016
Sunday Reading
Trump and the Truth — The New Yorker begins a series on Donald Trump's touchy relationship with the truth.
"The facts aren't known because the media won't report on them," Donald Trump declared during his immigration speech in Phoenix on Wednesday. A few hours earlier, the Republican nominee had been in Mexico City, where he had held a joint press conference with the Mexican President, Enrique Peña Nieto, and lauded Mexican-Americans as "amazing people . . . just beyond reproach." In Phoenix, flanked by American flags, he struck a different tone. Trump warned the crowd that if Clinton were elected, America would be inundated by a new wave of illegal immigration that would result in "thousands of more violent, horrible crimes, and total chaos and lawlessness."
Again and again in his Presidential campaign, Trump has issued sweeping assertions about how immigrants are "bringing crime" to America. Wednesday offered only the latest, and loudest, example. Examining these claims is instructive, not for what they tell us about Trump but for what they reveal about immigrants, whose relationship to crime is greatly misunderstood. If you live in a city that has become less dangerous in recent decades, a growing body of evidence suggests that you actually have immigrants to thank.
When Trump kicked off his campaign, last year, he accused Mexico of sending "rapists" and criminals to America. This was a patently outrageous claim, and there was no evidence behind it. According to Robert Sampson, a sociologist at Harvard and the former scientific director of the Project on Human Development in Chicago Neighborhoods, communities with high concentrations of immigrants do not suffer from outsized levels of violence. The opposite is the case. In his exhaustively researched 2012 book, "Great American City," Sampson noted that, in Chicago, "increases in immigration and language diversity over the decade of the 1990s predicted decreases in neighborhood homicide rates." Other scholars have turned up similar findings. In 2013, a team of researchers published a paper on Los Angeles that found that "concentrations of immigrants in neighborhoods are linked to significant reductions in crime." A 2014 study examining a hundred and fifty-seven metropolitan areas in the United States found that violent crime tended to decrease when the population of foreign-born residents rose.
One reason for this may be that immigrants have helped revitalize formerly desolate urban neighborhoods, starting businesses and lowering the prevalence of vacant buildings, where violence can take root. Another possible factor is that, contrary to Trump's bigoted rhetoric, many immigrants are ambitious strivers, who are highly motivated to support their families and make a better life for their children. Undocumented immigrants may also be more fearful than legal residents of attracting police attention, which could get them deported. Whatever the answer, the research helps make sense of the fact that, during the nineteen-nineties, the foreign-born population in the U.S. grew by more than fifty per cent, and cities such as New York, El Paso, and San Diego, where many of these newcomers settled, did not become cauldrons of violence. They became safer. While numerous factors may have contributed to this—most notably, a stronger economy—it is now widely agreed that immigration played a role, too.
In his statements and speeches, Trump has often qualified his language by distinguishing between documented and undocumented immigrants. In Phoenix, he contrasted the "dangerous criminal aliens" who ruthlessly victimized Americans with legitimate, law-abiding immigrants who obeyed the rules. Data isolating the level of crime among undocumented immigrants are hard to come by, in part because, many suspect, undocumented-immigrant communities underreport crime, for fear of bringing law enforcement to their doors. Sampson acknowledged this in an e-mail to me recently, but he countered that one felony—murder—resists underreporting. And, in the nineteen-nineties, he noted, the murder rate fell dramatically in America's cities, even as the flow of documented and undocumented immigrants surged. "The homicides committed by illegal aliens in the United States are reflected in the data just like for everyone else," he wrote to me. "The bottom line is that as immigrants poured into the country, homicides plummeted."
To point these things out is not to deny the tragedy of any individual killing or crime. In June, the Boston Globe published a deeply reported story showing that, among three hundred and twenty-three foreign-born criminals released in New England between 2008 and 2012, nearly one-third went on to commit new offenses after being released, including rape and attempted murder. Based on a three-year review of court records and police logs, the Globe article raised legitimate questions about how forthright immigration officials have been about the issue. Trump cited the Globe's story in his Phoenix speech, without acknowledging any of its nuance. Some of the criminals the Globe wrote about had entered the United States legally, and had been released because the government cannot detain immigrants indefinitely and because the countries they came from refused to take them back. The Globe also reported that, in the past year, almost sixty per cent of the people deported by Immigration and Customs Enforcement were convicted criminals. Trump skirted around these facts, assailing President Obama and Hillary Clinton for "surrendering the safety of the American people to open borders" and promising that the mayhem he described would end if he were elected. "The crime will stop," he vowed.
On the few occasions when journalists have challenged him directly on his incendiary claims about immigration, Trump has resorted to bullying and denial. "If you look at the statistics of people coming . . . you look at the statistics on rape, on crime, on everything coming in illegally in this country, it's mind-boggling!" Trump declared during an interview on CNN last year, citing as evidence a 2014 story published by Fusion that investigated the prevalence of sexual assaults against migrant women and girls en route to the United States. When Don Lemon, the CNN host, responded by pointing out that the Fusion story was about migrants who were raped, not hordes of criminals crossing the border, Trump snapped, "Well, somebody's doing the raping, Don! . . . Who's doing the raping?" A few days later, Trump was interviewed by the NBC News correspondent Katy Tur, who pointed out to him that the incarceration rate for both documented Mexican immigrants and undocumented immigrants over all was lower than that for native-born Americans. "It's a wrong statistic," Trump insisted. "Take a look at all the crime that's being committed." When Tur noted that the research "does not match what you're saying," Trump replied, "Don't be naïve. You're a very naïve person." (One widely cited 2008 study from the Public Policy Institute of California found that the incarceration rate for foreign-born adults in the state prison system was two hundred and ninety-seven per hundred thousand in the population. For U.S.-born adults, the figure was eight hundred and thirteen per hundred thousand.)
When it comes to the threat that immigrants pose, Trump has championed perceptions over facts. Here, alas, he may be on to something. One of the more striking findings of Robert Sampson's work has been that the "perceived disorder" of a neighborhood correlated positively with the prevalence of Latino residents, regardless of the actual level of crime. Trump certainly perceives disorder, and, with his false claims and invented statistics, he is contributing to the perception of it, especially among people who have few encounters with actual Hispanic immigrants. A recent study by a Gallup economist found that Trump's supporters appear to be concentrated in segregated communities, far away from the Mexican border.
For more than a year, Trump has used the spotlight on him to smear and malign tens of millions of people who have made the communities they inhabit safer places for people of all backgrounds to raise children or pursue their dreams. They'll be gone, he says—he's building a wall. Americans deserve to be reminded that these ideas aren't just frightening in their intolerance. If your concern is public safety, they're backward.
Pressing for Trouble — Paul Glastris on the scandal mongering of Hillary Clinton.
Over the last two weeks, Hillary Clinton's campaign has taken a hit in the polls, much of it pretty clearly due to aggressive press investigations involving her relationship with the Clinton Foundation when she was Secretary of State. Even Hillary fans should see that these investigations are warranted. After all, Clinton is running for the most powerful office in the world. While she was Secretary of State, her husband was overseeing a $2 billion a year charity. That charity took in donations from foreign governments and individuals with international interests. These facts raise legitimate questions. Did donors to the Foundation get special access to the secretary and the department as a result of their donations? If they did get special access, did they receive any favors? Did Hillary or her staff do anything illegal, unethical, or contrary to U.S. interests or administration policy?
The good news is that as a result of these investigations we can now answer those questions pretty definitively: no, no, and no. The bad news is that the press doesn't seem to want to take "no" for an answer, even if the answer is based on the evidence of its own reporting.
Consider the story in today's New York Times by Eric Lichtblau based on a new batch of emails released by the conservative group Judicial Watch as part of its lawsuit. The emails show that Doug Band, then with an arm of the Clinton Foundation, asked Huma Abedin, a top aide to then-Secretary of State Hillary Clinton, to help him procure special diplomatic passports for himself and two other Clinton Foundation staffers. Band also asked for a private meeting between Secretary Clinton and Dow CEO Andrew Liveris, a Clinton Foundation donor. These emails, writes Lichtblau, raise "new questions about whether people tied to the Clinton Foundation received special access at the department."
The reporting in the piece itself, however, doesn't so much raise new questions as answer old ones. As Lichtblau explains, Band wanted the diplomatic passports because he and his colleagues were about to accompany Bill Clinton on an emergency mission to North Korea to negotiate the release of two American journalists (as a former president, Clinton already had such a passport). In the end, State didn't issue special passports to the Foundation staffers, despite the risks they were taking, because doing so would have been contrary to Department rules. Liveris did get a short meeting with Mrs. Clinton for a perfectly valid reason: he had offered to let Mr. Clinton use his private plane to fly to Pyongyang.
Other stories on the Clinton Foundation over the last two weeks fit the same basic pattern: the facts dug up by the investigation disprove the apparent thesis of the investigation. Last week, for instance, the Associated Press shook up the political world with an enterprising investigation showing that more than half of the 154 private sector individuals Secretary Clinton met or talked with during her first two years at State had donated to the Clinton Foundation, ether directly or though their companies or groups. That "extraordinary proportion," said the AP, indicates "her possible ethics challenges if elected president."
But aside from the AP's questionable math—the 154 meetings were gleaned from Clinton's calendar, and no one seriously doubts that over two years she met with far more private sector individuals than that—the story's own reporting undermined the case that anything unethical occurred. As its main example, the story cites meetings with and calls on behalf of Bangladeshi economist Muhammad Yunis, whose Grameen Bank had contributed to the Foundation. Yet Yunis is not some shady financier who gave money to the Foundation to gain access to the secretary. He's a Nobel Prize-winning pioneer of "micro-lending" to the world's poor whom Clinton has known and worked with for 30 years. And the calls she made in support of Yunis were part of an international effort to keep the Bangladeshi government from forcing the beloved humanitarian out of Grameen on trumped-up charges. Other examples in the piece of donors getting "access" are similarly benign (one of them was the Holocaust survivor Elie Weisel).
The same passive-aggressive quality pervades all the recent stories about the Clinton Foundation. There is the big LA Times investigation about how Doug Band tried to get a State Department meeting for a donor, a Nigerian-based Lebanese billionaire. Though possibly sketchy, the billionaire had on-the-ground knowledge of the political machinations in Beirut, so was probably worth talking to, but in any event the meeting never occurred. There is Politico's deep dive into the hitherto untold story about how the federal government made payments to the Clinton Foundation for IT equipment and staff. While strongly suggesting that the payments were highly questionable, the authors concede that their investigation "does not reveal anything illegal." Indeed, the payments were from a program Congress created more than half a century ago specifically to fund the work of ex-presidents, money every ex-president has taken advantage of, and the piece offers ample evidence from documents obtained from the General Services Administration that the GSA's bureaucrats and the Foundation's staff carefully followed the rules.
Thanks to the publishing of these investigations—most of which took many months of dogged effort to produce—we now have a tremendous amount of granular information about the Clinton Foundation's relationship with the State Department and with the federal government generally. In virtually every case we know of, it's clear that Hillary and her staff behaved appropriately.
Yet instead of accepting the evidence of their own investigations, much of the mainstream media expresses the attitude that these are still wide open questions. In its recent lead editorial calling for the Clintons to cut their ties to the Foundation immediately (the Clintons have said they'll do so if she wins), The New York Times concedes that the latest batch of emails does not "so far" show that Hillary gave any special favors to Clinton donors while at state. On the cable shows, even the few journalists who acknowledge the lack of any evidence that Hillary and her staff did anything untoward feel the need to insist that the next batch of emails could prove otherwise.
And of course in theory it could. But as Nancy LeTourneau has observed, there is phrase for those who insist on keeping a controversy going long after enough facts are in to draw reasonable conclusions: "Merchants of Doubt." The label comes from the book about a loose group of scientists who helped corporate and conservative political interests sow doubt in the public's mind regarding the certainty of the science linking tobacco to lung cancer and fossil fuels to global warming. It's the same strategy creationists use when they lobby school boards about gaps in the fossil record and how it's important and fair-minded to "teach the controversy" about evolution.
Another way of looking at it is that the press is beginning to treat the Clinton Foundation story the way the Republican still treat Benghazi. The legitimate questions surrounding that incident—What were the precipitating events that lead to the deaths of four diplomats? What might the federal government have done differently to prevent it?—were basically answered when the first after-action press investigations and the 2012 Accountability Review Board Report were published. Keeping the controversy alive with half a dozen more congressional investigations was just a way for Republicans to rough up Clinton.
The GOP at least had an obvious political motive for refusing to admit the obvious on Benghazi. Why the mainstream press is refusing to concede the facts of its own investigations on Hillary and the Clinton Foundation is not so clear. But unless it stops that behavior and starts speaking honestly, and soon, there's a very real chance it could throw the election to Donald Trump.
All The News That Gives You Fits — Charlie Pierce on the New York Times' chin-stroking over the Clinton coverage.
Oh, for the love of god, mother Times. Are you freaking kidding me?
It's long past the point where many of our major news publications be sent to the dogtrack with their names pinned to their sweaters, at least as far as the Clintons are concerned. Right now, there is substantial evidence that many of them will print anything as long as they can wedge "Clinton," "questions" and "e-mails" into a headline. Of course, if Hillary Rodham Clinton would just hold a press conference, at which every question would feature those three words in some order or another, then we'd all turn to discussing the comprehensive mental health plan that she released to thundering silence on Monday when most of the press was in an Anthony Weiner frenzy. Yes, and I am the Tsar of all the Russias.
But this latest iteration of The Clinton Rules is probably the most egregious one yet. From the Times:
A top aide to Hillary Clinton at the State Department agreed to try to obtain a special diplomatic passport for an adviser to former President Bill Clinton in 2009, according to emails released Thursday, raising new questions about whether people tied to the Clinton Foundation received special access at the department.
That sounds bad. Was the guy trying to smuggle hash in a diplomatic pouch? Visiting Thai brothels in a government jet?
The request by the adviser, Douglas J. Band, who started one arm of the Clintons' charitable foundation, was unusual, and the State Department never issued the passport. Only department employees and others with diplomatic status are eligible for the special passports, which help envoys facilitate travel, officials said.
Well, that's that, then. Let's turn to the sports section and see how the Mets are doing. Wait. What?
Mrs. Clinton's presidential campaign said that there was nothing untoward about the request and that it related to an emergency trip that Mr. Clinton took to North Korea in 2009 to negotiate the release of two American journalists. Mrs. Clinton has long denied that donors had any special influence at the State Department.
Jesus H. Christ on Dancing With The Stars, that's what this is about? Bill Clinton's mission to get two American journalists out the hoosegow of The World's Craziest Place? Wasn't that a triumph? Weren't we all happy about it? Hell, this was so surreptitious and "questionable" that HRC even wrote about it in one of her books.
I thought the bombshell in Tiger Beat On The Potomac about how Bill Clinton questionably availed himself of services to which he was legally entitled as an ex-president was going to be this week's most prominent parody of investigative journalism. (After all, it got to drop the ominous "taxpayer money" into the conversation right next to "private server," which one of the endless parade of dingbats shilling for the Trump campaign used on CNN just this morning.) But this story puts that one in the ha'penny place, as my grandmother used to say.
Consider how it is constructed—to believe that there is even any smoke here, let alone any fire, you have to believe that the Clinton Foundation was somehow shady in its dealings with HRC's State Department, which is assuming a lot of actual facts not in evidence. That enables you to believe that an unsuccessful attempt to arrange diplomatic passports for what ultimately was a successful mission of mercy is proof of said shadiness. It also forces you to loan your journalistic credibility to a monkeyhouse like Judicial Watch.
This is crazy. This makes the way Dave O'Brien used to run the ball for Joe McCarthy look like Seymour Hersh on My Lai.
In related developments, The Washington Post revealed Thursday that David Bossie, head of Citizens United and noted stalker of cancer patients, is now part of the high command working to elect El Caudillo del Mar-a-Lago. There are now no rats left unfcked in that operation, and it's going to be damned hard to get a table for Happy Hour Friday night in the cocktail lounge of the Mena Airport.
Bonus Track: James Fallows on the same subject.
Doonesbury — Same old song.
Thursday, September 1, 2016
Yes, It Can Happen Here — Part III
Following up on the post below, Rachel Maddow looks at the scare tactics and frankly scary bloviation by Donald Trump in his speech in Phoenix.
Ms. Maddow's comparison to the Know-Nothings and the anti-immigrant wave in 19th century America is spot on, but if you want to really get down to where we've seen this blame-the-Others more recently, all you have to do is look at 1930's Europe when the post-World War I economies crashed and let in the rats of fascism and racism.
Yes, it can happen here.
HT to CLW.
Nothing New
Despite a three-thousand mile trip to Mexico City and an attempt at looking statesmanlike ("Hey, he didn't fart out loud"), Donald Trump went back to his old immigration rhetoric in his much-anticipated speech in Phoenix. Via TPM.
The speech was strikingly similar to many he has given across the country over the last year and a half. After weeks of speculation and hints from his team about Trump's immigration plan, the candidate landed exactly where he had been all along–on the extreme fringe of the Republican Party.
The speech culminated a bizarre day that included Trump's impromptu trip to meet with Mexican President Enrique Peña Nieto, which provided Trump with a photo op on the international stage, but quickly devolved afterwards when the Mexican president accused Trump of not being entirely clear about what transpired in their meeting. While Trump told reporters Wednesday that the issue of payment for the border wall (which he insisted again on Wednesday night would be paid for by Mexico) never came up, Peña Nieto publicly insisted later that he had informed Trump his country wouldn't be financing the barrier.
Earlier in the day, Trump hinted that his immigration plan might at the very least be the same plan cloaked in a new vocabulary. Standing at a lectern next to Peña Nieto in Mexico, Trump had been careful to embrace the Mexican people as "amazing" – a swift reversal for a candidate who had spent the campaign berating Mexico and broadly painting undocumented immigrants as violent criminals.
By Wednesday evening, however, back across the border in Phoenix there was not even a touch of softening on the edges. Trump promised – as he has many times before– to require "extreme vetting" for refugees coming into the country and flat out declared he would block refugees from coming from areas like Syria and Libya.
"We are going to stop the tens of thousands of people coming in from Syria. We have no idea who they are, where they come from, there's no documentation, there's no paperwork," Trump said. "It's going to end badly, folks."
The speech was a big hit with white supremacists and the Nazis, and according to the punditocracy, this was Nixon in China and yeah, how come Hillary Clinton won't hold a press conference?
Wednesday, August 31, 2016
Yes, He Can Be That Stupid
Josh Marshall can hardly believe that Donald Trump is going to Mexico right before his big speech on immigration.
It's a general rule of politics not to enter into unpredictable situations or cede control of an event or happening to someone who wants to hurt you. President Nieto definitely does not want Donald Trump to become President. He probably assumes he won't become president, simply by reading the polls. President Nieto is himself quite unpopular at the moment. But no one is more unpopular than Donald Trump. Trump is reviled. Toadying to Trump would be extremely bad politics; standing up to him, good politics.
Put those factors together and Peña Nieto has massive and overlapping reasons to want to embarrass Trump. At a minimum since he's probably not eager to create a true international incident, he has zero interest in appearing in any way accommodating or helpful. The calculus might be different if Trump seemed likely to be the next US President. Mexico is a minor power with the world colossus on its doorstep. But a Trump presidency seems unlikely. Far likelier, Peña Nieto will need to build a relationship with Hillary Clinton. These factors combined make for an inherently dangerous political situation for Donald Trump, especially since the atmospherics of this meeting will be the backdrop for Trump's evening speech which is itself an incredibly important moment and one in which he has set for himself what is likely an impossible challenge.
Trump's Razor helps here. It's tempting to assume that there's some angle Trump has here, some plan or understanding with Peña Nieto to make this not as silly a decision as it appears to be. I'm tempted because how could they think this was a good idea? Trump's Razor tells us to resist this temptation. "The stupidest scenario possible that can be reconciled with the available facts." I think that's what we have here. It's as stupid as it looks. Who knows? Maybe Trump will handle this deftly and it'll be a huge success. But Trump's Razor has yet to fail me. So I'm going to stick with it.
Maybe the Mexican authorities will arrange to drop him off in the middle of the Sonora desert and let him see if he can get back by himself.
Thursday, August 25, 2016
They Deserve Each Other
On the very day that Ann Coulter, the whitest woman in America, releases her new book that lathers up her affection and devotion for Donald Trump, he goes mushy on immigration, the one topic that Ms. Coulter never gives ground on.
Oh, she is pissed.
Would you like some popcorn with your schadenfreude?
Tuesday, August 16, 2016
Donald Trump calls for "extreme — EXTREME — vetting" of immigrants.
Those who do not believe in our Constitution or who support bigotry and hatred will not be admitted for immigration into our country.
That means he'd exclude himself and most of his supporters.
Short Takes
Trump: Immigrants to get "extreme vetting."
Pennsylvania attorney general found guilty on 9 charges.
Fifteen Gitmo detainees released to U.A.E.
Louisiana flooding death toll now at 7.
Curfew takes effect in Milwaukee.
Wednesday, July 27, 2016
Short Takes
U.S. agrees to admit more refugees from Central America.
ISIS takes credit for deadly attack on church in Normandy.
President Obama on DNC hack by Russia: "Anything's possible."
Northeast hit by heavy storms and heat wave.
U.S. approves release of last Russian prisoner from Gitmo.
Poll: No post-convention bounce for Trump.
The Tigers beat the Red Sox 9-8.
Tuesday, July 5, 2016
How It's Done
While we talk a lot about America being a land of immigrants, Canadians are showing us how it is really done.
From the New York Times:
TORONTO — One frigid day in February, Kerry McLorg drove to an airport hotel here to pick up a family of Syrian refugees. She was cautious by nature, with a job poring over insurance data, but she had never even spoken to the people who were about to move into her basement.
"I don't know if they even know we exist," she said.
At the hotel, Abdullah Mohammad's room phone rang, and an interpreter told him to go downstairs. His children's only belongings were in pink plastic bags, and the family's documents lay in a white paper bag printed with a Canadian flag. His sponsors had come, he was told. He had no idea what that meant.
Across Canada, ordinary citizens, distressed by news reports of drowning children and the shunning of desperate migrants, are intervening in one of the world's most pressing problems. Their country allows them a rare power and responsibility: They can band together in small groups and personally resettle — essentially adopt — a refugee family. In Toronto alone, hockey moms, dog-walking friends, book club members, poker buddies and lawyers have formed circles to take in Syrian families. The Canadian government says sponsors officially number in the thousands, but the groups have many more extended members.
When Ms. McLorg walked into the hotel lobby to meet Mr. Mohammad and his wife, Eman, she had a letter to explain how sponsorship worked: For one year, Ms. McLorg and her group would provide financial and practical support, from subsidizing food and rent to supplying clothes to helping them learn English and find work. She and her partners had already raised more than 40,000 Canadian dollars (about $30,700), selected an apartment, talked to the local school and found a nearby mosque.
Ms. McLorg, the mother of two teenagers, made her way through the crowded lobby, a kind of purgatory for newly arrived Syrians. Another member of the group clutched a welcome sign she had written in Arabic but then realized she could not tell if the words faced up or down. When the Mohammads appeared, Ms. McLorg asked their permission to shake hands and took in the people standing before her, no longer just names on a form. Mr. Mohammad looked older than his 35 years. His wife was unreadable, wearing a flowing niqab that obscured her face except for a narrow slot for her eyes. Their four children, all under 10, wore donated parkas with the tags still on.
Meanwhile, we have governors filing lawsuits against the federal government because they don't want them in their state.
Friday, June 24, 2016
Short Takes
The Supreme Court punted on immigration.
Affirmative action at UT Austin upheld by the Supreme Court.
Police van driver found not guilty in Freddie Gray death.
Zika deal in Congress likely to be delayed.
Tornadoes touch down in Midwest.
The Tigers beat the Mariners 5-4 in ten and get the sweep.
Tuesday, June 14, 2016
Quoth Mr. Trump:
"The bottom line is that the only reason the killer was in America in the first place was because we allowed his family to come here," Trump said at a rally in New Hampshire. "That is a fact and a fact we need to talk about."
Trump, who read from a teleprompter, then appeared to catch himself after suggesting the shooter was born in Afghanistan. Law enforcement officials said Sunday that Omar Mateen was born in New York.
Tuesday, March 15, 2016
Short Takes
Putin orders Russian troops out of Syria.
American ISIS fighter captured in Iraq.
Anti-immigrant party election gains deal blow to German Chancellor Merkel.
Hundreds of migrants enter Macedonia through Greece.
Pope Francis to visit Auschwitz.
Tuesday, March 8, 2016
Citizens Uniting
Donald Trump's campaign against immigration is having an unexpected consequence: immigrants are applying to become citizens so they can vote against him.
DENVER — Donald J. Trump's harsh campaign language against Mexican immigrants has helped him win a substantial delegate lead in the Republican primaries, but it is also mobilizing a different set of likely voters — six in the family of Hortensia Villegas alone.
A legal immigrant from Mexico, Ms. Villegas is a mother of two who has been living in the United States for nearly a decade but never felt compelled to become a citizen. But as Mr. Trump has surged toward the Republican nomination, Ms. Villegas — along with her sister, her parents and her husband's parents — has joined a rush by many Latino immigrants to naturalize in time to vote in November.
"I want to vote so Donald Trump won't win," said Ms. Villegas, 32, one of several hundred legal residents, mostly Mexicans, who crowded one recent Saturday into a Denver union hall. Volunteers helped them fill out applications for citizenship, which this year are taking about five months for federal officials to approve. "He doesn't like us," she said.
Well, whaddaya know… Republicans aren't the only party with a base.
Monday, February 22, 2016
Short Takes
Six dead, two wounded in mass random shooting in Michigan.
Arson suspected after refugee center burned in Germany.
Six dead after cyclone hits Fiji.
Volkswagen sold more sausages than cars in 2015.
Kasich signs bill cutting Planned Parenthood funding in Ohio.
Wednesday, January 27, 2016
Short Takes
Cleveland Police fires, suspends officers over deadly 2012 shooting.
Lead pipes not being removed from Flint water system.
F.B.I. arrests Milwaukee man for planning temple attack.
Denmark approves seizing refugees' valuables.
Italy covers up nude statues during Iran presidential visit.
Wednesday, January 20, 2016
Short Takes
The Supreme Court will rule on President Obama's executive orders on immigration.
ISIS magazine confirms that "Jihad John" has been killed.
E.P.A. is reviewing Flint water crisis response.
American freed from Iran says he feels "born again."
Major winter storm heading east.
Friday, December 18, 2015
Don't Quote Me
Every now and then even Fox News can catch a Republican flat-footed and flustered.
Ted Cruz is a smooth political operator. Even his critics have to give him that. A former debate champion at Princeton, the Texas senator seldom gets tied in a rhetorical knot, not matter how tangled a situation might seem.
Recall the masterful way he talked around Stephen Colbert's surprise mention of same-sex marriage during an appearance on "The Late Show" in September. Aware that his opposition to gay marriage is unpopular with the host — and apparently with the audience, based on audible reactions — Cruz quickly flipped the discussion into one about states' rights to make their own marriage laws.
So it was borderline stunning to see Cruz squirm on Fox News Channel on Wednesday evening, when Bret Baier challenged the Republican presidential candidate's assertion — made in Tuesday's debate — that he has never supported allowing undocumented immigrants to obtain legal status.
Baier cited interviews and statements Cruz made on the Senate floor in 2013, when he was pushing an amendment to the so-called "Gang of Eight" immigration bill (Sen. Marco Rubio of Florida, another GOP White House hopeful, was in the gang) that laid out a path to citizenship for undocumented immigrants. Cruz wanted to take citizenship off the table but made clear at the time that he would be willing to grant some legal status.
As Baier pointed out, Cruz's earlier statements don't jibe with what he said on the debate stage in Las Vegas: "I've never supported legalization; I do not intend to support it."
Baier played a tape of Cruz's May 2013 testimony before the Senate Judiciary Committee, in which he said: "I don't want immigration reform to fail; I want immigration reform to pass. And so I would urge people of good faith on both sides of the aisle, if the objective is to pass common-sense immigration reform that secures the borders, that improves legal immigration and that allows those here illegally to come out of the shadows, then we should look for areas of bipartisan agreement and compromise to come together."
Mr. Cruz tried to wiggle out of it by claiming he was using a Jedi mind trick: he was really trying to kill immigration reform by being for it.
Cruz was clearly stuck. He tried to argue that his objective was to "defeat Marco Rubio's amnesty" with his amendment. But Baier fired back with Cruz's own words: "The problem, though, is that at the time you were telling people like Byron York with the Washington Examiner that this was not a poison pill. You told him, 'My objective was not to kill immigration reform.' You said you wanted it to pass at the time."
Look, the guy is slick and smug, but thank Dog there is video and Google.
Tuesday, December 8, 2015
Yes, It Can Happen Here
In 1935 Sinclair Lewis wrote a novel titled It Can't Happen Here about Senator Buzz Windrip who rose to popularity and became President of the United States by running on a ticket of social and economic reforms and a return to patriotism and traditional values. After he's elected he imposes a plutocratic/fascist regime with the help of a paramilitary force called the Minute Men, much like Hitler's SS. The title of the book comes from the idea that such an event can't really happen in America.
Yes, it can. We've gotten close on several occasions, most recently in the mid-1930's when, out of the depths of the Depression and in the fear of Bolshevism in Europe, Huey Long — on whom Lewis based Windrip — came very close to running for president in 1936 only to be stopped by an assassin in 1935. And now Donald Trump is doing it again, and if yesterday's declaration of banning the admission of "every" Muslim, including American citizens coming back from a trip to Toronto, is any indication, he's just getting warmed up. He's already demonized blacks, veterans, the disabled, women, and anyone who raises an objection to his rhetoric, so of course picking on the religion that is being portrayed as the enemy — another pickup from you-know-who — is the next step.
Of course everyone with the sense nature gave a goose will condemn him, including his rivals for the GOP nomination, but he's going to get a bump in the polls and he's going to roll on as the establishment Republican Party reels in horror and asks, with no sense of irony or self-awareness, "How could this happen?"
Charlie Pierce thinks that Mr. Trump has reached the stage of desperation and this plan to ban all Muslims from coming into the country is his last flail before he gets taken over by the comparatively moderate Ted Cruz or Marco Rubio.
It is utterly immoral, completely unworkable, incredibly expensive, and the person proposing it admits he has no idea of the nature of the problem this proposal was designed to combat—except that it was designed by He, Trump, which apparently makes all the difference.
We keep saying that this won't last, that certainly Donald Trump is going to go too far and the country will finally turn against him and he'll drop off the screens. We thought that after he dissed John McCain's time as a P.O.W. in Vietnam, after he tangled with Fox News, and after any number of declarations that heretofore would have killed off any other presidential campaign, but unless we're waking up this morning to nation that has finally had enough, he's going to keep on stomping.
Footnote: See also All The King's Men by Robert Penn Warren, which truly follows the life and death of Huey Long. The film version with Broderick Crawford is stunning and scary as hell.
Friday, November 20, 2015
It's What They Do
I expected the Republicans to vote as a bloc on the stupid and chickenshit bill to gum up the works for Syrian and Iraqi refugees. It is, as the current meme goes, what they do.
I also expected a number of Democrats to cringe and curl up into a ball and vote along with them because, y'know, it's also what they do. They're not afraid of jihadists sneaking into the country under the guise of being poor wandering ones from war-torn countries; after all, the people who committed the attacks in Paris were either Belgian or European Union citizens; the Syrian passports found at the scene were forgeries, most likely being carried as a part of the plan to throw off the investigators. I doubt they were thinking, "Gee, after we do this, the U.S. House is going to play right into our hands and completely lose their shpadoinkle over the idea of Syrians sneaking into Deadcat, Indiana, and waging jihad while washing dishes at the Cracker Barrel."
What they're really afraid of is being called soft on terrorism by the Republicans who have completely lost their shpadoinkle over a group of people who are running for their lives from a bunch of vicious thugs and murderers and have no more capacity to wage guerrilla war on the West than Rush Limbaugh has of doing the macarena with Hillary Clinton.
Aside from the fact that the law is doomed and short-sighted — after all, if the intent is to block only Syrian and Iraqi refugees, what's to stop a determined jihadist from picking up a false set of papers from say an Albanian or a Serbian or whatever set of forgeries are available from the guy at the copy shop who sells them on the side — it was another in a long series of GOP attempts to call out the weak-willed and bed-wetters among the Democrats. And it worked; now we know who can be held hostage via e-mail and who could be coaxed into voting for laws that basically put Muslims under the same yoke of suspicion and ostracization as the Japanese citizens in Los Angeles on December 8, 1941, or the Jewish shopkeepers in Nuremberg in 1938. After all, Donald Trump says "he's potentially open to the creation of a database to track Muslim citizens, or requiring that Muslim Americans carry a special form of identification noting their faith." What, wear some version of the symbol of Islam on their clothing?
I have gotten used to the Republicans and their candidates sucking up to fascism and religious intolerance American style (not to mention the irony of labeling gun registration as the road to tyranny but registering Muslims as a bulwark of freedom). And sadly I have gotten used to Democrats caving in to this mindset. It's what they do.


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Joe Student
If you don't enjoy the things I write about — entertainment, nightlife, music, booze, gadgets, sports, Playboy models and more —you're probably dead. I enjoy when you read what I write. (And, yes, it's my real name. Stop asking.)
Just five NFL teams remain unbeaten after the third Sunday of the 2016 regular season. Here's what we learned this week:
Usain Bolt won his third consecutive gold medal in the men's 200-meter race at the 2016 Summer Olympics in Rio de Janiero, Brazil on Thursday. Here's a recap of all the day's action:
Jamaican sprinter Usain Bolt became the first Olympian to win three consecutive 100-meter gold medals on Sunday at the 2016 Summer Olympics in Rio de Janiero, Brazil.
American swimmer Michael Phelps won his fifth gold medal of the Rio Games at the 2016 Summer Olympics in Brazil on Saturday.
U.S. swimming legend Michael Phelps added to his staggering gold medal collection, and American gymnast Simone Biles certified her greatness in gold at the 2016 Summer Olympic Games in Rio de Janiero, Brazil on Thursday.
It took three days, 253 picks, a selfie with the commissioner and a social media hacking, but the 2016 NFL Draft finally ended late Saturday night in Chicago. Which franchises and players fared best (and worst)? Find out:
Klay Thompson scored 27 points, and the Golden State Warriors routed the Houston Rockets, 114-81, in Game 5 of the teams' first-round NBA Playoff series in Oakland on Wednesday night.
The 2016 NBA Playoffs started on Saturday. Most pundits have the Warriors and Spurs meeting in the Western Conference Finals. Find out which team could keep that from happening.
A late collapse by defending champion Jordan Spieth allowed Danny Willett to win his first Masters title at Augusta National Golf Club in Georgia on Sunday.
Wichita State and Florida Gulf Coast won their respective First Four games in the NCAA tournament on Tuesday. Here's a recap of the night's action:
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subset: commoncrawl


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Recycled Glass Countertops
recycled glass countertops- for kitchen and/or bathroom
Vetrazzo recycled glass countertop. I have been looking at this product since it came out. I like the neutrals the best because it looks less busy.
recycled glass countertop | Laura U Interior Design
Emerald Coast - Recycled Glass Products | Vetrazzo... Inspired by the glassy green sea of the South's Emerald Coast, this is a mix of oyster shells and glass.
Hmmm, recycled glass countertops. I like the idea.
Vetrazzo countertops are made from recycled glass. The Millefori color uses waste product from stained glass manufactures.
great article on the pros and cons of recycled glass counter tops
Kitchen Countertop Ideas. Recycling Glass Countertop. #Kitchen #KitchenCountertop
Island counter top - recycled glass!
Extravagant Kitchen Remodeling Using Vetrazzo Countertops: Vetrazzo Countertops | Recycled Glass Countertops Austin | Icestone Pricing


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Spring Hill Ranch's Spiced Apple Cider Batter
Wiley P
My notes say this recipe was gleaned from a number of sources, so I don't know who to give all the credit to. Whoever it is, I think perhaps a sainthood might be in order. Yep, this spiced cider batter is that heavenly! The use of brown sugar adds a wonderful depth and touch of molasses, and the butter adds...well, butter! And though the batter itself is non-alcoholic, I'm sure a shot of rum or good brandy added to your mug would be just fine.
Featured Pinch Tips Video
24 10-ounce servings
10 Min
No-Cook or Other
- 2 c
- (about 1 pound) dark brown sugar (light brown sugar will do, but it won't be quite as rich)
- 1/2 c
- salted butter, softened and cut into tablespoon-sized chunks
- 1 tsp
- ground cinnamon (the good kind!)
- 1/2 tsp
- ground cloves
- 1/4 tsp
- ground nutmeg (freshly ground, right?)
- cinnamon sticks
- whipped cream (perhaps with a little drizzle of homemade caramel sauce?)
Directions Step-By-Step
1In the bowl of a food processor, pulse together the brown sugar and butter until they are nearly combined. Add in the cinnamon, cloves and nutmeg and pulse to thoroughly mix. Place the batter in an airtight container and refrigerate it until it has slightly hardened, about 3 hours. It will keep for at least a week in the refrigerator or for a short eon in the freezer.
About this Recipe
Course/Dish: Hot Drinks, Non-Alcoholic Drinks
Main Ingredient: Sugar
Regional Style: American
Hashtag: #Spiced Cider


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text:
Here's a not-so-fun fact: the Yankees are 6-16 against the Blue Jays since last year's trade deadline, including 2-8 at Yankee Stadium. They've been outscored 100-68 in the 22 total games. This is not a rivalry. It's been thorough domination by Toronto. The Yankees have won just twice in nine tries against the Blue Jays this season, and if they're going to have any chance of making the playoffs, that trend has to be reversed right now, starting tonight. Here is the Blue Jays' lineup and here is the Yankees' lineup:
- CF Jacoby Ellsbury
- 3B Chase Headley
- SS Didi Gregorius
- 1B Mark Teixeira
- 2B Starlin Castro
- DH Brian McCann
- C Gary Sanchez
- RF Aaron Judge
- LF Aaron Hicks
RHP Chad Green
Thankfully it has cooled down a bit in New York, meaning it was only about 90 degrees and humid today rather than 100 degrees and super humid like it was over the weekend. There is some light rain in the forecast throughout the night, but the really heavy stuff isn't supposed to come down until the wee hours of the morning. Tonight's game will begin a little after 7pm ET and you can watch on YES.


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Seems that you are already registered with us with username: , we would like to connect your existing account with your Facebook account, so that you can continue login with Facebook connect.
http://www.swasthyashopee.comto authorise us, to connect your Facebook account.
Morvin india Keshma ( hair-growth tonic ) syrup 300ml
Morvin india Keshma ( hair-growth tonic ) syrup
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12965 SW 112th Ave, Miami, FL (map)
Whenever we are experiencing psychological distress or physical illness/dis-ease there are messages for us to receive. Metaphysical healing calls upon us to reflect upon what our body, our Soul, and our environment are offering for us to understand. Sometimes we are being guided to change our attitudes, beliefs, or priorities, sometimes we may be guided to change our actions or habits, and sometimes we are receiving a reminder to slow down, breath, and remember to love and nurture ourselves. This class will provide guidance in understanding the messages presented by the metaphysical mind-body feedback system.
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This document contains revisions to the OECD Transfer Pricing Guidelines to align transfer pricing outcomes with value creation in the area of intangibles. The changes clarify the definition of intangibles and provide guidance for related parties; including transactions involving intangibles and the transfer pricing treatment of local market features and corporate synergies. Some transfer pricing issues relating to intangibles are closely related to other issues that are to be addressed during 2015, most notably in relation to the allocation of risk among MNE group members and recharacterisation of transactions. Because of those interactions some sections of this document are in intermediate form and will be finalised in 2015.
This report identifies the issues arising from the development of a multilateral instrument that modifies bilateral tax treaties. Without a mechanism for swift implementation, changes to model tax conventions only widen the gap between the content of these models and the content of actual tax treaties. Developing such a mechanism is necessary not only to tackle base erosion and profit shifting, but also to ensure the sustainability of the consensual framework to eliminate double taxation. This is an innovative approach with no exact precedent in the tax world, but precedents for modifying bilateral treaties with a multilateral instrument exist in various other areas of public international law. Drawing on the knowledge of experts in public international law and taxation, the Report concludes that a multilateral instrument is desirable and feasible, and that negotiations for such an instrument should be convened quickly.
Heads of tax crime investigation in 44 countries, as well as the Financial Action Task Force and World Customs Organisation, have come together this week at Europol Headquarters in the Hague for the second meeting of the OECD Forum of Heads of Tax Crime Investigation.
The OECD Model Tax Convention and the worldwide network of tax treaties based upon it help to avoid the danger of double taxation in the case of cross-border investment.
English, PDF, 200kb
The rules of procedure concerning the signing of the Multilateral Convention on Mutual Assistance in Tax Matters.
The OECD Model Tax Convention provides the basis for the negotiation and interpretation of more than 3000 tax treaties that make up a network that co-ordinate the income and corporate tax systems of most countries with the objective of removing tax barriers to cross-border trade and investment.
This publication is the ninth edition of the condensed version of the OECD Model Tax Convention on Income and on Capital. This shorter version contains the full text of the Model Tax Convention on Income and on Capital as accepted on 15 July 2014, but without the historical notes, the detailed list of conventions between OECD member countries and the background reports that are included in the full-length version, which will appear soon.
Public comments are invited on request for input on BEPS Action 11 regarding work on establishing methodologies to collect and analyse data on BEPS and the actions to address it.
English, PDF, 1,026kb
At the G20's request, the OECD is leading the development of a strategy to address base erosion and profit shifting (BEPS). The Development Working Group has asked the OECD to draw together the experiences of developing countries and international organisations in a report on the main sources of BEPS in developing countries and how these relate to the OECD/G20 BEPS Action Plan on this issue.
The Standard for Automatic Exchange of Financial Account Information, developed by the OECD with G20 countries, represents the international consensus on automatic exchange of financial account information for tax purposes, on a reciprocal basis. Over 60 jurisdictions have committed to implementing the Standard and all financial centres have been called to match those commitments, as of July 2014.
This publication is the first edition of the full version of the Standard for Automatic Exchange of Financial Account Information. It contains the text of the Model Competent Authority Agreement and the Common Reporting Standard, and the Commentaries thereon, as they read on 15 July 2014. It also includes multilateral and nonreciprocal versions of the Model Competent Authority Agreement, the technical modalities and a wider approach to the Common Reporting Standard.
Co-operation between tax administrations is critical in the fight against tax evasion and protecting the integrity of tax systems. A key aspect of that co-operation is exchange of information.


text:
MokspaceMuseum Street, WC1A
Paul StolperMuseum Street, WC1A
Arthur Probsthain Bookshop & GalleryGreat Russell Street, WC1B
2-8 Bloomsbury Street/Photographic AngleWC1B
Bloomsbury GalleryBloomsbury Street, WC1B
Rodic Davidson ArchitectsPied Bull Yard Galen Place, WC1A
Austin/Desmond Fine ArtPied Bull Yard, Great Russell Street, WC1B
Infektory GalleryStukeley Street, WC2B
It's here! We announce our annual top 100 cultural contributors in Scotland. Check out who made the cut
Technique, precision and strategy with an urban makeover in Shoreditch on 10 Dec.


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Why We Love It
The Athens Bar table has a lean architectural looking base with a matte black finish. The round top comes with adjustable function, simply spin the top to adjust to desired height.
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14 Day Hassle Free Return Policy. All merchandise must be returned in new condition. Buyer is responsible for round trip shipping. Please click here for more information.
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Ranch,Planned Unit Development, Traditional - Oak Ridge, TN
Lake access home in The Preserve at Clinch River features community wellness center with fitness area, indoor and outdoor pools, tennis courts, and playground! This traditional style home offers one level living with covered front porch and the yard work and landscaping are included in the HOA fees. Living/dining room, Master bedroom with full bath, 2nd bedroom is adjacent to additional bath, laundry room, and garage with pull down steps for attic storage. Sidewalks are throughout community makes walking a pleasure. Take your tour today.(HOA fees: $60.36 social club, $2.00 alley fee, $45.00 assessment fee, $94.00 landscaping) Video of small units in photo section or copy and paste https://youtu.be/-HS83ryBE-0
Data Provided by Knoxville Area Association of RealtorsMore Information for this listing


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Polished Stainless Steel Side Marker Trim (042067) by American Car Craft®, 4 Pieces. Customizing isn't always about the big changes; it can also be the little details like these side marker bezels. Bright trim around lights is a classic touch. These bezels are laser cut for a precise fit from the finest T304 stainless steel, and then polished to a high gloss. They install quickly and easily with 3M™ double-sided tape, so you'll be enjoying your Vette's new style in no time.
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text:
Sometimes I feel that people don't stop and think.
This is the second time in two weeks on FB I've actually stood up for Tony Abbot, sort of. People are railing against him because he wants to scrap the Gonski reform and won't legalise Gaye marriage.
The 2.3 billion dollars from the Gonski reform is coming from our universities and at least TA stands by his beliefs. JG won't grant equality despite being an athiest because of her religious up bringing.
Sent from my HUAWEI-U8850 using BubHub


text: SAWS New Year Brings New Water Rates... Who'll Pay More? By Shelley D. Kofler • Dec 30, 2015 Chris Eudaily / TPR News Beginning News Year's Day, the cost of water will be going up for the average San Antonio Water Systems (SAWS) customer. Last month San Antonio council members approved changes in water and sewer rates to help pay for new water supplies and to replace aging infrastructure. Desalination Project Worth Its Salt By Shelley D. Kofler • Dec 14, 2015 By this time next year, residents in the San Antonio area will be drinking water that is currently too salty to consume. The San Antonio Water System, SAWS, says that next October it will begin operating an inland desalination plant that will eventually become the largest of its kind in the country. SAWS CEO Tells Councilmembers Vista Ridge Won't Drain The Aquifer By Shelley D. Kofler • Nov 12, 2015 Some citizens are asking San Antonio council members to postpone next week's vote on raising water rates. They voiced their concerns during this morning's council briefing on the San Antonio Water System's (SAWS) future water supply. SAWS has proposed a 50-percent rate increase over five years in water and sewer rates. The city agency says the increase is needed to pay for the Vista Ridge pipeline, ageing infrastructure and other water supply projects. Castle Hills Council Urging San Antonio Officials To Oppose The Vista Ridge Pipeline By Shelley D. Kofler • Nov 11, 2015 San Antonio Water System The Castle Hills City Council is sending a message to San Antonio: it thinks the Vista Ridge water pipeline proposed by the San Antonio Water System, SAWS, is a bad deal. Burleson-Milam Property Owners Worry Vista Ridge Pipeline Will Drain Their Wells By Shelley D. Kofler • Nov 9, 2015 Shelley Kofler / Texas Public Radio BURLESON COUNTY -- Opponents of the Vista Ridge water pipeline are preparing for a public protest rally Tuesday. Critics from San Antonio want council members to vote "no" on a 50 percent increase in water and sewer rates that will be needed to pay for the project. Property owners who live over the aquifer are driving to San Antonio for the protest. Their concern is more basic. They worry the water project will drain their wells and make their land worthless. Pages« first ‹ previous 1 2 3 4 5 6 7 8 9 … next › last »


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United States District Court, D. New Jersey
March 5, 2014
EDWARD T. GLOSPIE, Plaintiff,v.ADAM CASTIGLIA, UNNAMED SUPERVISORY OFFICER (S) OF THE NEW ROCHELLE POLICE DEPARTMENT, Defendants.
KEVIN McNULTY, District Judge.
This matter comes before the Court upon Defendant Adam Castiglia's Motion (Docket No. 13) to dismiss the Complaint ("Compl.", Docket No. 1) of pro se Plaintiff Edward T. Glospie. For the reasons set forth below, Defendant's motion will be granted and the Complaint will be dismissed.
On June 27, 2008, Castiglia and other members of the New Rochelle Police Department arrested the plaintiff, Edward T. Glospie, in New Rochelle, New York. Compl. at 3. Plaintiff alleges that Castiglia searched Glospie's person and vehicle. Id. While conducting the search, the officers removed from the center console of the vehicle an ammunition clip for a 9mm Beretta 92FS handgun. Id. at 4. Castiglia and other New Rochelle police officers also conducted a K-9 (i.e., trained dog) search of the surrounding area. Glospie further alleges that Castiglia and other unnamed officers conducted a "roadside criminal investigation and interrogation" without administering Miranda warnings. Id.
Glospie was arrested, allegedly without probable cause. Castiglia brought Glospie to the New Rochelle police headquarters, where Glospie was further questioned. Glospie was held on a felony complaint pursuant to New York Penal Law Section 265.02(8) (criminal possession of a weapon in the third degree). Id. at 6; N.Y. Penal Law § 265.02 (McKinney). Glospie alleges that those charges were dismissed on December 1, 2008. Id. at 1.
Thereafter, on November 21, 2011, Glospie filed this action. His Complaint asserts the following claims: (1) Violations of the Fourth Amendment (unreasonable search and seizure, false arrest, and unlawful detention), Compl. at 7-9; (2) violation of his Second Amendment right to keep and bear arms, id. at 9-12; (3) violation of Article IV, Section I (Full Faith and Credit Clause) and II (Privileges and Immunities Clause) of the United States Constitution, id. at 12-13; (4) violation of the Firearm Owner's Protection Act, 18 U.S.C. § 921, id. at 13-14; (5) Libel, id. at 14; (6) Malicious Prosecution, id. at 14-16; (7) violation of the Fourteenth Amendment's Equal Protection Clause, id. at 16-17; violation of the Ex Post Facto Clause of the United States Constitution, id. at 17-18; (9) "Unconstitutional Action, " id. at 18; (10) Conspiracy, id. at 18-19; (11) Malicious Process, id. at 19; and (12) Negligence, id. at 20.
On December 30, 2011, Judge Hochberg granted Glospie's in forma pauperis application, pursuant to 28 U.S.C. § 1915(d). Docket No. 4. On April 26, 2012, Defendant Castiglia filed a motion to dismiss the Complaint in its entirety. Docket No. 13. On April 27, 2012, Judge Hochberg granted Glospie's request for a stay of this matter pursuant to the Servicemembers Civil Relief Act. Docket No. 15. At the same time, Judge Hochberg administratively terminated Defendant's motion to dismiss.
This matter was reassigned to me on August 1, 2012. On December 10, 2012, Glospie was ordered to show cause why the stay pursuant to the Servicemembers Civil Relief Act should not be lifted. Docket No. 17. Plaintiff failed to show cause or otherwise respond, and, on May 21, 2013, the case was administratively terminated without prejudice. Docket No. 21. While administratively terminating, I also granted Plaintiff leave to request that the matter be reopened within ninety days of the May Order. On May 30, 2013, the Court received a letter from Plaintiff indicating that he was no longer on active duty and that he could proceed in this matter. Docket No. 22. Accordingly, I reopened the case and deemed Defendant's motion to dismiss to have been refiled. Docket No. 23.
Defendant argues that the Complaint should be dismissed in its entirety because he was not properly served. He also seeks dismissal because this Court lacks personal jurisdiction over him. Defendant further contends that Plaintiff's claims are barred by the applicable statute of limitations and are procedurally barred under applicable municipal law. As to certain claims, he also contends that the Complaint fails to state a claim upon which relief may be granted. Docket No. 13-3.
I find service of process to be invalid under Fed.R.Civ.P. 4. Because Plaintiff is proceeding in forma pauperis, I would likely be inclined to permit him leave to properly effectuate service. However, because I also find that this Court could not assert personal jurisdiction over Castiglia even if service were properly effected, the Complaint will be dismissed.
A. Service of Process
"It is axiomatic that in order for there to be in personam jurisdiction there must be valid service of process." Lee v. A to Z Trading LLC, CIV.A. 12-4624 ES, 2013 WL 2182330, at *1 (D.N.J. May 20, 2013) (quoting Atwell v. Lasalle Nat. Bank, 607 F.2d 1157, 1159 (5th Cir. 1979)). Here, Defendant argues that he was not properly served with process in this matter and that, therefore, the Court does not have personal jurisdiction over him. Glospie contends that service was proper.
Fed. R. Civ. P 4(e) governs proper service of process. The Rule provides that an individual may be served with the summons and complaint by:
(1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made;[1] or
(2) doing any of the following:
(A) delivering a copy of the summons and of the complaint to the individual personally;
(B) leaving a copy of each at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; or
(C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process.
Fed. R. Civ. P. 4(e). Castiglia submits that he was not personally served with the summons and complaint. Docket No. 13-1 ("Castiglia Affidavit") ¶¶ 8-11. Instead, the summons and complaint were delivered by the Marshal's Service[2] to Marie Smith, a clerk at the New Rochelle Police Department. According to Defendant, Smith was not authorized by law, nor was she specifically appointed by Castiglia, to receive process on Castiglia's behalf. Castiglia Affidavit ¶ 11. Castiglia therefore contends that he was never properly served and that the Complaint must be dismissed.
In response, Glospie notes that Castiglia was sued in his individual and official capacity and that, in his official capacity, he is employed by the New Rochelle police department. Docket No. 24 ("Glospie Opp. Br.") at 15. Glospie adds that "Marie Smith, employed as a Clerk by nature of her job duty satisfies the legal requirements as an authorized representative to receive legal matters on behalf of New Rochelle Officers." Id. He further argues that the U.S. Marshals were directed to the New Rochelle police department, a place where Castiglia would reasonably be found; that Castiglia was in fact found there; and that a timely response (i.e., Castiglia's motion to dismiss) was in fact filed. From this, presumably, Glospie means the Court to infer that Castiglia received fair and actual notice of this action. Finally, Glospie notes that because of the "nature of the secure environment of the police station, " the process server could not gain access and serve Castiglia "in the exact fashion as" the federal rule requires. Id. at 16.
Rule 4(m) provides that if
a defendant is not served within 120 days after the complaint is filed, the court-on motion or on its own after notice to the plaintiff - must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.
Fed R. Civ. P. 4(m). As the Third Circuit has clarified, Rule 4(m) requires "a court to extend time if good cause is shown" and allows "a court discretion to dismiss or extend time absent a showing of good cause." Petrucelli v. Bohringer & Ratzinger, 46 F.3d 1298, 1305 (3d Cir. 1995).
Because he is proceeding in forma pauperis, see 28 U.S.C. § 1915(d), this pro se plaintiff may enjoy a limited amount of additional leeway under Rule 4. Plaintiff may rely on the U.S. Marshals to effectuate service. Courts have also held that an in forma pauperis pro se litigant should not be held responsible for the Marshals' failure to serve process correctly, where such failure is through no fault of the litigant. See Welch v. Folsom, 925 F.2d 666, 670 (3d Cir. 1991). Nevertheless, if the failure of service is attributable to a pro se plaintiff's "neglect' or fault, ' such as failing to provide sufficient information to identify or locate the defendant, and the plaintiff fails to remedy the situation after being put on notice, dismissal of claims against the defendant may be appropriate." Lopez-Perez v. DeRose, 3:CV-11-0048, 2012 WL 750963, at *5 (M.D. Pa. Mar. 8, 2012) (citing Fed.R.Civ.P. 4(m)).
The Complaint was filed in November 2011, and of course the initial 120 day period for service lapsed long ago. It appears to be uncontested that the process server did not personally serve Castiglia, did not leave copies at his residence, and did not mail copies to Castiglia's residence or place of business. See Castiglia Affidavit ¶¶ 8-11; Glospie Opp. Br. Instead he served Smith, a clerk in the New Rochelle police headquarters. Castiglia asserts that Smith was not authorized to receive process on his behalf. Castiglia Affidavit ¶ 11. Therefore, service is not proper under Rule 4(e). Glospie's argument that Smith satisfies the legal requirements as an authorized representative to receive legal matters is unsupported by the Record or by legal authority. Moreover, even where a Defendant has actual notice of a suit, a plaintiff still must conform to the standards as set both by the Federal Rules. See Lee v. A to Z Trading LLC, CIV.A. 12-4624 ES, 2013 WL 2182330, at *1 (D.N.J. May 20, 2013) (reasoning that actual notice is not sufficient under Rule 4). Were it not so, most motions to dismiss for failure of service would be self-defeating; by their existence they would establish actual notice of the suit.
Service was clearly inadequate. Under the circumstances, I might grant this pro se litigant, who relied on the U.S. Marshals to serve Castiglia, additional time to properly effectuate service. As explained below, however, I find that Castiglia does not have the minimum contacts with New Jersey that would permit this Court to assert personal jurisdiction over him even if he were properly served. Re-serving him would be a futile exercise. I will therefore dismiss the Complaint.
B. Personal Jurisdiction
1. Legal Standard
Once a defendant files a motion to dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2), the plaintiff bears the burden of establishing sufficient facts to show that jurisdiction exists. Marten v. Godwin, 499 F.3d 290, 295-96 (3d Cir. 2001). While a court must accept the plaintiff's allegations as true and construe disputed facts in favor of the plaintiff, Pinker v. Roche Holdings, Ltd., 292 F.3d 361, 368 (3d Cir. 2002), the court must still examine any evidence presented with regard to disputed factual allegations. See, e.g., Eurofins Pharma U.S. Holdings v. BioAlliance Pharma SA, 623 F.3d 147, 155-56 (3d Cir. 2010) (examining the evidence supporting the plaintiff's allegations); Patterson v. FBI, 893 F.2d 595, 603-04 (3d Cir. 1990) ("A Rule 12(b)(2) motion, such as the motion made by the defendants here, is inherently a matter which requires resolution of factual issues outside the pleadings, i.e. whether in personam jurisdiction actually lies. Once the defense has been raised, then the plaintiff must sustain its burden of proof in establishing jurisdictional facts through sworn affidavits or other competent evidence.'") (quoting Time Share Vacation Club v. Atl. Resorts, Ltd., 735 F.2d 61, 66 n.9 (3d Cir. 1984)).
The plaintiff "need only establish a prima facie case of personal jurisdiction." Miller Yacht Sales, Inc. v. Smith, 384 F.3d 93, 97 (3d Cir. 2004). However, a plaintiff may not "rely on the bare pleadings alone" in order to withstand a motion to dismiss for lack of personal jurisdiction; "[o]nce the motion is made, plaintiff must respond with actual proofs, not mere allegations." Patterson, 893 F.2d at 604 (internal citations omitted); Time Share Vacation Club, 735 F.2d at 66 n.9.
In order to be subject to personal jurisdiction, a defendant's conduct in connection with the forum state must be such that he may "reasonably anticipate being haled into court there." World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297, 100 S.Ct. 559, 62 L.Ed.2d 490 (1980); accord Gen. Elec. Co. v. Deutz AG, 270 F.3d 144, 150 (3d Cir. 2001). A nexus between the defendant, the forum, and the litigation forms the basis of personal jurisdiction. Id. To properly establish jurisdiction, a court may have either general or specific personal jurisdiction over a defendant. Id. A court in this forum can only assert personal jurisdiction to the extent permissible under the Fourteenth Amendment. The "Fourteenth Amendment permits a state to exercise jurisdiction over an out-of-state defendant only where the defendant purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws. Goodman v. Goodman, CIV A 04-03869 JAG, 2009 WL 3756848, at *3 (D.N.J. Nov. 5, 2009) (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985)).
There are two kinds of personal jurisdiction that allow a district court to hear a case involving a non-resident defendant: general and specific. See Helicopteros Nacionales de Columbia, S.A. v. Hall, 466 U.S. 408, 414-415 & n. 9 (1984). A court may exercise general jurisdiction when a defendant has "continuous and systematic contacts" with the forum state. Id. at 415 n. 9. The defendant's "contacts need not relate to the subject matter of the litigation, " Ameripay, LLC v. Ameripay Payroll, Ltd., 334 F.Supp.2d 629, 633 (D.N.J. 2004), but must rise to "a very high threshold of business activity.'" Id. at 633 (quoting Compagnie des Bauxites de Guinea v. Ins. Co. of N. America, 651 F.2d 877, 891 (3d Cir. 1981)). The facts required to establish sufficient contacts for general jurisdiction must be "extensive and persuasive." Reliance Steel Prods. Co. v. Watson, Ess, Marshall & Enggas, 675 F.2d 587, 589 (3d Cir. 1982) (citation omitted). In other words, the plaintiff must demonstrate "significantly more than minimum contacts." Provident Nat. Bank v. California Fed. Say. & Loan Ass'n, 819 F.2d 434, 437 (3d Cir. 1987).
In contrast to general jurisdiction, specific jurisdiction relies on the defendant's forum-related activities that give rise to the plaintiff's claims. See Helicopteros, 466 U.S. at 413-14. Establishing specific jurisdiction requires a three-part inquiry: (1) whether the defendant purposefully directed its activities at the forum; (2) whether the litigation arises out of or relates to at least one of the contacts; and (3) whether the exercise of jurisdiction otherwise comports with traditional notions of fair play and substantial justice. O'Connor v. Sandy Lane Hotel Co., Ltd., 496 F.3d 312, 317 (3d Cir. 2007). The defendant need not be physically located in the state while committing the alleged acts. Burger King Corp., 471 U.S. at 476. Nor is specific jurisdiction defeated merely because the bulk of harm occurred outside the forum. Keeton v. Hustler Magazine, Inc., 465 U.S. 770, 780 (1984). A single act may satisfy minimum contacts if it creates a substantial connection with the forum. Burger King, 471 U.S. at 476 n. 18.
In cases where the alleged injury is the result of an intentional tort, there is an additional wrinkle. Even if a defendant's contacts with the forum state are not sufficient to establish general or specific jurisdiction under the tests above, the plaintiff may establish specific jurisdiction under the "effects test." Calder v. Jones, 465 U.S. 783 (1984). Under this test, "a court may exercise personal jurisdiction over a nonresident defendant who acts outside the forum state to cause an effect upon the plaintiff within the forum state." Carteret Savings Bank FA v. Shushan, 954 F.2d 141, 148 (3d Cir. 1992). This allows the court to assert jurisdiction over a defendant based on such effects even though the defendant's contacts with the forum state alone are too minimal to otherwise satisfy the requirements of due process. Marten v. Godwin, 499 F.3d 290, 297 (3d Cir. 2007).
Specifically, under the effects test, the plaintiff must show that:
(1) the defendant committed an intentional tort;
(2) the plaintiff felt the brunt of the harm in the forum such that the forum can be said to be the focal point of the harm suffered by the plaintiff as a result of the tort; and
(3) the defendant expressly aimed his tortious conduct at the forum such that the forum can be said to be the focal point of the tortious activity.
Imo Indus., Inc. v. Kiekert AG, 155 F.3d 254, 265-66 (3d Cir. 1998). In order to establish that the defendant "expressly aimed" his conduct at the forum, the plaintiff must show that "the defendant knew that the plaintiff would suffer the brunt of the harm caused by the tortious conduct in the forum, and point to specific activity indicating that the defendant expressly aimed its tortious conduct at the forum." Id. at 266.
2. Analysis
Castiglia argues that he does not have sufficient contacts with New Jersey to warrant this Court's asserting either specific or general jurisdiction over him in connection with this action. According to Castiglia's Affidavit, he does not live, nor has he ever lived, in New Jersey. Castiglia Affidavit ¶¶ 4. He does not own real property in the state and has never conducted any business in the state. Id. ¶¶ 4, 5, 6. The only interaction Castiglia has had with Castiglia was in New Rochelle, New York. Id. ¶ 7.
a. General Jurisdiction
Glospie has not established general jurisdiction over Castiglia. General jurisdiction exists when the defendant has "continuous and systematic contacts" with the forum state. Gen. Elec., 270 F.3d at 150. Castiglia denies any contact with the forum. He does not reside in New Jersey, has never lived here, and has never owned property here. He has never conducted any business in the state. Castiglia Affidavit TT 3-6.
Accordingly, I do not find that Castiglia has "significantly more than minimum contacts" with New Jersey. See Provident Nat. Bank, 819 F.2d at 437. Indeed, it appears that his only cognizable contact with this State is being named as a defendant in this matter. Such facts do not establish the "continuous and systematic" contacts necessary to for this Court to assert general jurisdiction over Castiglia. Accordingly, Plaintiff has not come near discharging his burden to establish a basis for general personal jurisdiction.
b. Specific Jurisdiction
Glospie has not established specific jurisdiction over Castiglia. Specific jurisdiction is established when a non-resident defendant purposely directs his activities at a resident of the forum, and the injury at issue arises from or is related to those activities. Gen. Elec., 270 F.3d at 150 (citing Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985)). As discussed above, the burden to produce actual evidence of the defendant's contacts with the forum state rests on the plaintiff. Goodman, 2009 WL 3756848, at *4 (citing Time Share Vacation Club v. Atlantic Resorts, Ltd., 735 F.2d 61, 66 n. 9 (3d Cir. 1984)). To satisfy this burden, Glospie must show that Castiglia purposefully availed himself of this forum or that he otherwise expressly aimed his conduct at this forum.
Castiglia avers that he has no ties to New Jersey, the forum state. Plaintiff Glospie is a New Jersey resident, but Castiglia's only contact with Glospie occurred in New Rochelle, New York. Aside from being sued, Castiglia has had no other interaction with Glospie.
Glospie does not really dispute any of this, and does not allege any significant facts in opposition. Instead he argues that the "minimum contacts" analysis applies to businesses or corporations, not individuals. He also proposes that substantial justice will not be served by precluding his Section 1983 action in this forum. Dismissal, he says, would defeat the remedial purpose of Section 1983. Glospie adds that due process would be violated if the minimum contacts analysis were applied to a pro se plaintiff proceeding in forma pauperis.
Finally, Glospie submits that he has shown a rational legal relationship to the Defendant's actions sufficient to establish personal jurisdiction. In particular, he states that the "minimum contacts" requirement is met because Castiglia committed acts in violation of Glospie's rights. Glospie urges that Glospie may reasonably anticipate encountering citizens of other states in the course of his police duties, and may reasonably expect them to sue him in the courts of their home states. In that sense, says Glospie, Castiglia should expect to be sued here and has availed himself of this forum. I disagree.
As Castiglia asserts, his only contact with Glospie occurred in New York. He has no other ties to New Jersey. Castiglia's sole involvement with New Jersey-being sued here-is the result of Glospie's action, not his own. Castiglia Affidavit ¶ 7; see Helicopteros Nacionales de Colombia, S.A., 466 U.S. at 417 (reasoning that "unilateral activity of another party or a third person is not an appropriate consideration when determining whether a defendant has sufficient contacts with a forum State to justify an assertion of jurisdiction").
Specific jurisdiction requies "at least a single deliberate contact' with the forum state that relates to the cause of action." Goodman, 2009 WL 3756848, at *4 (quoting United States Golf Ass'n v. United States Amateur Golf Ass'n, 690 F.Supp. 317, 320 (D.N.J. 1988)). Plaintiff has not pointed to a single such contact. Nor has he asserted any facts to suggest that Castiglia should "reasonably anticipate being haled into court" here. World-Wide Volkswagen Corp., 444 U.S. 286, 297 (1980). Simply being a policeman-or indeed, walking down the street-in New Rochelle may carry a statistical likelihood of encountering one or more New Jerseyans. That has never been considered an adequate contact with New Jersey itself sufficient to subject an out-of-state resident to jurisdiction here. And nothing about the facts before the court even hints that Castiglia ever "expressly aimed" his conduct at this forum. See Imo Indus., Inc., 155 F.3d at 265-66.[3]
The fact that Glospie brings claims under 42 U.S.C Section 1983 does not excuse him from his responsibility to establish personal jurisdiction, nor does the fact that he is a pro se plaintiff proceeding in forma pauperis. Personal jurisdiction is a prerequisite to this Court's authority to enter a judgment as to a defendant. See Lampe v. Xouth, Inc., 952 F.2d 697, 700 (3d Cir.1992). Moreover, there is no legal authority supporting the proposition that the "minimum contacts" analysis does not apply in the case of an individual defendant, as opposed to a commercial entity.[4] In short, none of Glospie's arguments have any support in the case law. The Constitution places limits on this Court's assertion of in personam jurisdiction. Those limits apply to individuals, as well as business entities, and cannot be disregarded out of sympathy for a particular plaintiff.
Because I do not find that Plaintiff has established minimum contacts, I need not reach the issue of whether I should nevertheless deny the assertion of personal jurisdiction on grounds of "fair play and substantial justice." Burger King Corp., 471 U.S. at 476 (quoting Int'l Shoe Co. v. State of Wash., Office of Unemployment Comp. & Placement, 326 U.S. 310, 320 (1945)). And because I find that I do not have personal jurisdiction over Castiglia, I will not address the additional grounds for dismissal raised in his motion.
For the foregoing reasons, Castiglia's Motion to Dismiss the Complaint will be granted. The Complaint is dismissed with prejudice.
An appropriate Order will be entered.
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