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Orange County
Immigration’s Nifong Moment
by Patrick Mallon [writer] 6/25/07

"It takes many good deeds to build a good reputation, and only one bad one to lose it," said Benjamin Franklin. Disgraced, disbarred, and now former Durham County prosecutor Mike Nifong can relate to this. Mr. Nifong attempted to falsely prosecute three Duke University lacrosse players in the rape of a black stripper in 2006. The notorious case had everything an ambitious political con artist could ask for: sex, the misdeeds of supposedly privileged young white men, and the potential jackpot associated with racial bullying.

The only problem was – the facts were not on Nifong's side, but that didn't matter. He would bluster, mislead, and distort in an attempt to put the Duke boys away for 30 years.

When it was discovered that Nifong did not turn over DNA evidence to the grand jury and to defense attorney's, the ruse began to fall apart, leading to 27 charges of misconduct, and eventually, disbarment.

Patrick Mallon - Columnist

Patrick Mallon is a freelance journalist and author of California Dictatorship: How Liberal Extremism Destroyed Gray Davis [read an excerpt]. His website is at PatrickMallon.com and he can be contacted at patrick@patrickmallon.com [go to Mallon index]

California Dictatorship:
How Liberal Extremism Destroyed Gray Davis

by Patrick Mallon

The inside story of the people´s revolt against an unresponsive and unpopular chief executive.
[Order it at Amazon. | Read an excerpt

Today, Senators Kennedy, McCain, Reid, Lott, Graham, McConnell and others, in concert with President Bush, are facing their own Nifong moment. Their first attempt at hoodwinking the public with a bogus immigration bill went shame face earlier this month, when the implications they tried to conceal in a vote to end debate were revealed. Now they are back with round two leading up to the July 4th weekend with the insincere Bush pledging $4.4 billion more to demonstrate that he really (no really) is serious about “securing this border once and for all.”

No, these politicians are not guilty of trying to railroad foolish young men in a titillating case for political gain, but they are culpable of conduct involving "dishonesty, fraud, deceit, or misrepresentation," which is language identical to that issued by the North Carolina Bar committee in their ruling against Nifong.

Clearly, it is talk radio that is informing an angry American public, goading Mr. Lott to bloviate that "talk radio is running America, we have to deal with that problem." Facts, a demand for explanations, and inquisitive opposition (you know – the hallmarks of democracy) are now problems to the self-impressed elites.

Does Lott blame the information, the opinions, or the radio waves for the record low Gallup Poll approval rating of 14 percent boasted by the U.S. Congress?

Mr. Graham is more thoughtless is his denunciation of the amnesty naysayers. It was he who told a recent meeting of La Raza members that "We're going to tell the bigots to shut up." Lindsay Graham-nesty as he is called by Rush Limbaugh, now has a 31 percent approval rating according to InsiderAdvantage CEO Matt Towery.

For the record, a layer of confusion has already commenced in the marketing of grand sellout II. S. 1348, the amnesty bill that was rejected in early June, now has a new number: It is S. 1639. The bill is largely the same legislation as in the original. It's the same wreck that right before the first attempt at passage, the USA Today/Gallup poll showed that by a margin of nearly 3-1, most Americans opposed it.

Here's a short list of problems that infect passage:

  • The Border Security Act, signed by Bush in 2006, includes a provision for 700 miles of border fencing. Building of the fence has been halted. It is reported that funding will be, and has been, vetoed.
  • Some apologist senators say that undocumented immigrants made legal under the bill would be responsible for paying back taxes. Entirely misleading. Those applying for and receiving a green card would (possibly) incur tax liability to the IRS. There is no requirement that a newly minted guest worker ever apply for a green card. And for those working for years under-the-table, it would be foolish to do so.
  • Undocumented immigrants can become eligible for social security benefits, even if they used forged or stolen documents.
  • There is no limit on the number of guest workers that will be given legal status under the bill. The word "temporary" means nothing as work permits will be renewable.
  • There are still no adequate disincentives to cross the border. Those without legal status already qualify for car and home loans, credit lines, free public education (K-12), hospital care with no questions asked, food stamps and welfare for citizen-children born in country.
  • The bill provides for free legal assistance, paid for by John Q Public.
  • Highly public raids on employers who hire undocumented workers are largely symbolic. Rules prohibiting document fraud have not been adequately enforced in the past. There is little evidence to believe this will change.
  • Widespread use of Matricula Consular cards (provided by the growing number of foreign consulate offices in the U.S) are accepted as valid identification in almost every major city. This free pass makes fear of deportation palpably minimal.


Some senators are honest enough to know how rotten this all is. Senator Jim Demint (R-South Carolina) says of those backing the bill: "They're using procedures that have never been used in the senate…something doesn't smell right." Jeff Sessions (R-Alabama) makes the military analogy. "They're planning with the precision of the Normandy invasion."

While the immigration battle lines are drawn for the coming week, the case ended on June 15 for Mr. Nifong. In his closing testimony, Nifong said: "My presence as the district attorney in Durham is not furthering the cause of justice. It is not fair for the people in my community to be represented by someone who is not held in high esteem by either the members of the community or members of the profession."

The professional standards for the senators who back S. 1639, and their efforts to legitimize 20 million people with the stroke of a pen, are on the line. They risk a similar fate as a now broken-down former prosecutor. While their vaunted positions have made them largely immune from scrutiny, they can no longer hide from an increasingly frustrated public who are asking the questions they don't want to hear.

Or answer. CRO

Patrick Mallon is a political journalist and author of California Dictatorship: How Liberal Extremism Destroyed Gray Davis. [read an excerpt]. Patrick is a regular guest on talk radio programs throughout the state and nationally. His website is at PatrickMallon.com and can be contacted at patrick@patrickmallon.com

copyright 2007 Patrick Mallon




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