Clock Ticking for Border Patrol, Others

Deadlines Looming for Vaccination

One important deadline done— one more to go, for Federal Employees at U.S. Border Patrol and many other federal agencies. November 22nd is supposed to be the date where employees who’ve refused the Covid-19 mRNA treatments that are being called vaccines are facing sudden unemployment.

November 8th was also a deadline of sorts— a soft one— employees who’d had one jab by then would’ve been counted as treated. Now, observers suggest, they will need a full course of shots. Still it remains to be seen if the Government truly will go forward with plans to fire employees that refuse to get jabbed.

According to reporting by FOX News, a mass purge could short Border Patrol by as many as 50% or more. Their source is a leaked document. Historically, one can usually count on members of the Border Patrol employees union, or various Sector Chiefs to buck Washington in this sort of fashion and leak this kind of information— though, one imagines it could have also come from a rank and file member with access to it.

Attorney Kris Kobach, a former Secretary of State for Kansas, filed for a temporary injunction in federal court in St. Louis, to try and block the OSHA “vaccine” mandate from taking effect— this would be a separate mandate from that affecting federal employees. The OSHA mandate would affect private businesses. Four other similar suits have been filed, we mention Kobach’s as he is also participating in a Border Security lawsuit with Kinney County and multiple other border sheriffs in Galveston, trying to put a temporary injunction on various orders the White House has given to Border Patrol, that some experts say are partly the cause of the current Border Crisis.

That lawsuit is underway in federal court in Galveston. Monday, Kinney County Attorney Brent Smith told County Commissioners a ruling was expected in that case any day now.

Kobach has a pretty handy website, with more information about his legal efforts and his campaign to become the next Attorney General of Kansas.

Caravan Leader Vows More, Rails Against Disruption

Longtime readers may recall activist and caravan leader Irineo Mujica.

The Arizona based activist has been leading a caravan up through Southern Mexico from Tapachula. Initially 4,000 people strong, the group’s numbers have dwindled in the face of a long trek, and what Mujica says has been steady harassment by the Mexican Government. They have about 1300 now.

Now, Mujica says he wants to form another Caravan in Vera Cruz and put it together with the group he has now.

Part of what appears to be stalling Mujica’s efforts was a policy change by the Mexican Government, saying any truckers or other drivers who gave a lift to Migrants would be prosecuted for human trafficking, forcing many more of the migrants to walk the entire way— contributing to their slow progress.

Paperwork Deficiencies in State Trespassing Cases?

Recent reporting in the Texas Tribune, and statements by defense attorneys suggest there have been major deficiencies in the paperwork surrounding the State’s trespassing cases as part of Operation Lone Star. Indeed, the Tribune called it a blunder. They single out Kinney County, as that’s where the vast majority of the State’s prosecutions are happening. The Tribune’s reporting also suggests that the state has been forced to “drop” the cases. Reading this, one might suspect trespassing illegal aliens are being set free, willy-nilly. Not so.

A formal press release on the matter has not been issued, but County Attorney Brent Smith did draft a response to questions from Reuters about the matter. As it happens, Reuters adopted a more general scope to their coverage, and much of the statement went unremarked and unused.

Please find it here:

"Kinney County prepared charging documents on the basis of established case law in Texas v. Mendieta 898 S.W.2d 11 (1995), which requires charging instruments for criminal trespass to name either the owner or location of the property as sufficient notice.  The judges assigned to the Operation Lone Star dockets appear to have decided that either or is not enough, and are requiring both.

We expect to refile all of the cases we can.  At present, Kinney County has more than 1000 active cases.  While defense counsel appears more than willing to attempt trying these matters in the press, we remain focused on doing the work necessary to serve our constituents and do not plan to be responding to their outside-the-courtroom distractions.

Sincerely,

Brent Smith
Kinney County Attorney”

Essentially, what is happening in the cases so far, is that the State’s specially appointed judges are dismissing some of them on the basis of paperwork only listing a location, or a complainant and not both.

As the County Attorney notes, this doesn’t appear to be standard for most trespassing prosecutions historically in the State of Texas. If readers will indulge in a little speculation and opinion from the Cavalry - Dispatch: it is entirely possible that the Judiciary is anticipating an increased level of scrutiny in these cases and wants to eliminate any grounds for future complaint by defense attorneys.

For now, cases will have to be refiled. Suspects may be released on the basis of their long jailing so far, but will continue to be “in the system” until a hearing goes forward. Even those who the Tribune and Reuters suggest have had their cases dropped.

As always take what we’re saying here with a grain of salt or two, as we note our new employment with Kinney County. Reporters elsewhere would be technically correct, perhaps the best kind of correct, to point out a lack of objectivity in these circumstances. Feel free to report any errors in the comments below.